The URL can be used to link to this page

1999-07-20 CC Packet 4 City of Southiake, Texas MEMORANDUM July 16, 1999 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting July 20, 1999 Note - A supplement to the agenda was posted late this afternoon at the request of Mayor Stacy to allow you to discuss the management agreement for the tennis center. Staff has also posted a work session to brief City Council on this issue for Monday, July 19, at 6:30 p.m., City Hall Council Chamber. Kevin and I have made arrangements to interview the next best candidate on Monday, July 19 at 9:00 a.m. Please call me or Kevin Hugman with questions. Also note that the financial report prepared by Chief Accountant Lynn Martinson is included in your packet under Item No. 4B. If you have any questions, please call Lynn. 1. Agenda Item No. 5A. Approval of minutes of the Regular City Council Meeting held July 6, 1999, and the Special City Council meeting of June 22, 1999 If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Authorize the Mayor to execute a professional service agreement with Teague, Nall & Perkins Consulting Engineers for construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road. As discussed in the memo from Deputy Director of Engineering Services Charlie Thomas, funds have been included in the Public Works CIP for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 2 of 17 reconstruction of South Pearson Lane and Union Church Road to the interim cross section with four drainage structures, as well as for the construction of a 12-inch- water line along Union Church Road. This professional services agreement will provide for the necessary construction plans and specifications for the project. The cost of engineering for the project will be $115,600. The expected cost of the paving, drainage, and water line is estimated at $1,283,000. Note that a portion of the construction cost will be shared with the City of Keller (per the interlocal agreement on your agenda as Item No. 5C). Please contact Charlie Thomas with questions about this item. 3. Agenda Item No. 5C. Authorize the Mayor to enter into an interlocal agreement with the City of Keller for the reconstruction of Union Church Road and North and South Pearson Lane. These roadway projects provide service equally to the residents of Southlake and Keller; therefore, an interlocal agreement has been drafted to provide for cost participation in the projects by both cities. Generally, the cost of constructing each roadway will be shared 50150, with each city paying the cost of their respective residents' driveways. Southlake will take the lead on these projects as construction manager. Note that Union Church Road and South Pearson Lane are being planned already (Item No. 513). North Pearson Lane will be addressed at a later date. The Keller City Council will act on the interlocal agreement on Tuesday evening as well. Please contact Charlie Thomas with questions on this item. 4. Agenda Item No. 5D. Award of bid to Centerline Supply, Inc. for the purchase of a road-marking machine. You will recall authorizing staff to bid this item at your June 1, 1999, City Council meeting. At that time, we discussed that the purchase Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 3 of 17 of a road-marking machine was approved in the 1998-1999 streets and drainage division budget. Currently the Public Works Department contracts out this service to stripe the roadways, which means we are dependent on contractor schedules and prices. Purchasing the road-marking equipment will allow the department to stripe the roads in a more timely manner and with less cost than a contractor. The low bid in the amount of $29,995 exceeded the budget estimate by $995, however, funds are available in the Public Works budget to cover the additional amount. Please let Valerie Bradley know if you have questions about this item. 5. Agenda Item No. 5E. Appointment of Shan Allsbrooks to the position of Fire Reserve. This item is being forwarded to you in accordance with Chapter 15 of the Southlake City Code, which allows the Director of Public Safety to appoint fir• qualified applicants to the Reserve Force, subject to the approval of City Council. Currently, DPS has one volunteer working in this capacity. Please contact Director of Public Safety Garland Wilson with questions about this item. 6. Agenda Item No. 5F. Authorize the Mayor to enter into a 60-month lease agreement with Lanier Worldwide Inc., for a color copier. Funds were included in the FY 1998-99 DPS budget for a color copier. Your approval of this item will provide for its acquisition, although it does so through a five-year lease agreement, rather than outright purchase. The advantage of this arrangement to Southlake is that the City will be able to rely on Lanier for service on the unit. Under the terms of the lease, we will only pay for the copies we make. The agreement will require the City to budget payments on an annual basis during the five-year lease period. As the memo from Garland Wilson points out, the unit will be owned upon completion of the lease. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 4 of 17 Lanier was selected because the unit is on the state bid list and, as such, the City will be able to take advantage of the pricing this type of cooperative purchasing' provides. Please contact Garland Wilson with questions about this item. 7. Agenda Item No. 5G. Authorize the Mayor to enter into an agreement for School Resource Officers and DARE officers between the City of Southlake and the Carroll Independent School District. The City of Southlake has traditionally been able to secure funding for the DARE and SRO program through state grants. You may also recall that two of the SROs are currently being funded through the Crime Control and Prevention District, but this funding will potentially "sunset." As we near conclusion of the state grant period and/or the life of the Crime Control District, we must begin to think about the future funding of this program. This agreement delineates the sharing of costs between the City of Southlake and the Carroll Independent School District upon the conclusion of the more traditional funding sources. Note that the CISD has already approved the agreement, and your approval of this item will formalize the arrangement. Please contact Garland Wilson with questions about this item. 8. Agenda Item No. 5H. Authorization for Cheatham and Associates to prepare specifications and advertise for bids for water system improvements (computer- operated valves for elevated storage tanks at Bicentennial Park and Dove Road). These valves will ensure the proper rate of flow into the elevated tanks when the second pump station and third elevated tank come on line. The operational valves will be installed at the Bicentennial and Dove Road elevated tanks. As noted in the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 5 of 17 memo from Eddie Cheatham, regulating the rate of flow to the elevated tanks is necessary to ensure that none of the elevated tanks overflow prior to the other tanks being filled. The estimated cost of the valves is $75,000, which will be covered through the water utility operations budget. Please let Ron Harper know if you have any questions about this item. 9. Agenda Item No. 5I. Authorize the Mayor to enter into an agreement with TxDOT for construction enhancements on SH 114. Your approval of this item commits the City of Southlake, through an advance funding agreement with TxDOT, to pay for the SH 114 construction enhancements we have requested. As noted in the correspondence from TxDOT which has been included in your packet, many of the requested items come at no additional cost to the city. However, riprap staining, sign insets, ornamental pedestrian railing, crosswalk pavers, ornamental sign poles, and a percentage of the total for engineering and contingencies will be required of the City of Southlake. The estimated total to Southlake is $211,516. You will recall that voters approved funds for these items as part of the traffic management bond program. We will be required to provide the funds to the State prior to their letting the contract and will be required to cover any additional costs if our escrow is insufficient to cover the requested work. Additionally, the City of Southlake will be responsible for the State's indirect costs attributable to these items as a percentage of the total construction cost. Please contact Chris Carpenter with questions. 10.Agenda Item No. 5J. Authorize the Mayor to execute a residential developer agreement with Four Peaks Development for the construction of a 12" water main Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 (� Page 6 of 17 to serve GlenWyck Farms, a residential subdivision located in the Town of Westlake. This item has been placed on the consent agenda since considerable time" was spent on it during the June Retreat. This agreement commits the developer to construct a 12" water line within the City of Southlake to serve his Westlake development. Water service will be provided by Southlake through its Certificate of Convenience and Necessity (CCN) for the area. The memo in your packet provides the background information, but please feel free to call Ron Harper with questions about this item. Note that the water line to be built by the developer is one we were planning to construct to enhance our system, and is already included in our CIP for construction in 2000-2001. 11. Agenda Item No. 5K. Authorize the Mayor to enter into an interlocal agreement with the Town of Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant. Again, this item was discussed in detail at your retreat and the packet memo from Bob Whitehead provides background information and a copy of the interlocal agreement. As he points out, Southlake already has an agreement with the Town of Westlake regarding the N-1 sewer line which allows Westlake to transport wastewater via the N-1 line and the Denton Creek Wastewater Pressure System to the TRA treatment plant with the payment of certain fees. The issue at hand is Westlake's inability to provide for the treatment of waste emanating from GlenWyck Farms. The interlocal agreement provides for Westlake's temporary use of some of Southlake's capacity in the Denton Creek Treatment Plant. As we discussed at the retreat, there is capacity in our portion of the system for the 84 homes to temporarily use Southlake's system. The Agreement before you states that connection to the sewer line is agreed to only for the purpose of serving GlenWyck Farms. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 7 of 17 Note that the Town of Westlake has already approved the agreement, however, our attorneys have recommended a few additional changes. We anticipate that Westlake will accept the changes, and staff recommends your approval. Please let Ron Harper know if you have remaining questions about this item. 12. Agenda Item No. 5L. ZA 99-047, Plat Revision for proposed Lots 2R5R1 and 2R5R2, Block A, White Chapel Place Addition, being a revision of Lot 2R5, Block A, being approximately 3.92 acres. This property is located southwest of the intersection of Pine Street and Lilac Lane on White Chapel Court. The plat proposes subdividing a 3.92-acre lot into a 2.59-acre lot with an existing residence and a 1.33-acre buildable lot. The existing zoning on the property is "SF-lA" Single Family Residential District. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (7-0) on July 8, 1999 subject to the Plat Review Summary. Since there is no public hearing required for this item and there appear to be no significant issues to resolve, this item has been placed on the consent agenda. Contact Dennis Killough regarding this request. 13. Agenda Item No. 5M. Award of bid for excavation for Town Hall; and Agenda Item No. 5N. Award of bid for foundation and concrete for Town Hall. The bids received for these items came in within the estimates our construction management consultant prepared. Excavation can be accomplished for $139,405, possibly less if we are able to dispose of the soil on the site (budget estimate $141,345). The foundation and concrete work can be accomplished for $989,730 (budget estimate $1,032,421.52). As you know, the costs of Town Hall will be covered with TIF Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 8 of 17 funds. Please let Ron Harper know if you have any questions about either of these items. 14. Agenda Item No. 6. Public Forum. Airport noise complaint. Southlake resident John Shindler plans to address the City Council during public forum about the airport noise issues he is experiencing in the Timber Lake subdivision. Copies of the petition Mr. Shindler has distributed and the discussion points he will bring up at the public forum are included in your packet. As you recall, the DFW Airport noise office will be scheduling time to measure the noise level experienced in the Timber Lake subdivision with its portable noise monitor. The City's DFW Airport liaison. Pamela Muller. is fully aware of the nature of Mr. Shindler's complaint and will be at the City Council meeting. Please contact Shelli Siemer or Pamela Muller if you need more information regarding this issue. 15. Agenda Item No. 7A. Ordinance No. 480-314, 2od Reading, (ZA 99-038), Rezoning from AG to RE, portion of Tract 1, John Childress Survey, Abstract No. 253 and being approximately 5.27 acres. This property is located on the east side of Randol Mill Avenue, west of Cross Timber Hills residential development. The request is for a change of zoning from "AG" to "RE" on a 5.27-acre portion of an 8.363-acre tract of land. The following agenda item is a zoning change request from "AG" to "SF-lA" for the remaining 3.093 acres of the tract. A two-lot Plat Showina is currently being processed that reflects the proposed lot lines coinciding with the zoning change. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (6-0) on June 17, 1999. The City Council approved the first reading of this item on consent (7-0) on July 6, 1999. Contact Dennis Killough regarding this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 9 of 17 16. Agenda Item No. 7B. Ordinance No. 480-315, 2' Reading, (ZA 99-039), Rezoning from AG to SF-1A, portion of Tract 1, John Childress Survey, Abstract No. 253, and being approximately 3.093 acres. This is a zoning change request from "AG" to "SF-IA" for a 3.093-acre portion of a 8.363-acre tract of land. This is the remaining portion of the previous agenda item. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (6-0) on June 17, 1999. The City Council approved the first reading of this item on consent (7-0) on July 6, 1999. Feel free to contact Dennis Killough regarding this request. 17. Agenda Item No. 7C. ZA 99-040, Plat Showing of proposed Lots 3 and 4, J. Childress No. 253 Addition, and being approximately 8.3629 acres. This is the plat associated with the two previous zoning change requests. This item was tabled at the July 6, 1999, City Council meeting to the July 20, 1999, City Council meeting, in order to be considered following the second reading of the associated zoning change requests. The plat proposes a 3.093-acre lot with an existing manufactured home and a single-family residence, both legally non-conforming structures, and a 5.27-acre buildable lot. Due to the configuration of the existing property boundary, the applicant is asking for relief on lot width, street frontage, and perpendicular lot line requirements. The existing tract boundary has approximately 31.32' of frontage along Randol Mill Avenue that prohibits the proposed lots from meeting the required lot width measured at the minimum 40' building setback line. Since there is no real practical benefit in splitting the limited frontage between the two lots, one lot has retained all frontage leaving the other with no frontage. A common access easement is proposed for access to the lot with no street frontage. The original tract lines of the property do not intersect Randol Mill Avenue at a 90- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 10 of 17 degree angle, which prohibits compliance with the "perpendicular lot line" requirement of the Subdivision Ordinance. The Planning and Zoning Commission recommended approval (6-0) on June 17, 1999, subject to the Plat Review Summary and allowing the requested variances. Feel free to contact Dennis Killough regarding this request. 18. Agenda Item No. 7D. Ordinance No. 480-313, 2"d Reading, (ZA 99-056), Rezoning and Concept Plan for Sabre Group Campus. The Planning and Zoning Commission recommended approval of this item on June 17, 1999 with a (6-0) vote with certain recommendations as described in the staff memorandum. On June 22, 19999 during the first reading of this ordinance, Council approved the item with a (7-0) vote and pursuant to the provisions noted in the memorandum as well. A work session was held on July 13, 1999 in which the following major topics were discussed: 1) whether to allow hotels and restaurants as permitted principal uses and whether such uses could receive benefits from tax abatements; 2) whether heliports/vertiports, helistops/vertistops would be permitted as accessory uses by right or whether a SUP would be required and 3) whether or not building and impervious coverage percentages could be reduced from 50% and 65%, respectively, to a lesser number. Your packets include the latest drafts of the PUD regulations received Friday afternoon and an 11" x 17" reduction of the latest concept plan. Note the response letter from Ike Shupe, Sabre's counsel, regarding the changes made since Tuesday's work session. The revised review letter will be forwarded to you prior to the meeting. Feel free to contact Karen Gandy at extension 743 or Dennis Killough at extension 787. 19.Agenda Item No. 7E. Resolution No. 99-58, modifying the terms and conditions of agreements by and among the City of Southlake, Texas, Maguire Partners-Solana Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 11 of 17 Holdings, L.P., Maguire Partners Westlake Partnership, and The Sabre Group Inc This item reflects the changes discussed during the work session, with one addition being the change from seven (7) premises to eight (8) premises on the exhibit. This is a change that is not unexpected as the construction phasing evolves over time. There should be no material impact on the city because we had intended to allow abatements on each phase of construction as it progressed, as long as no abatements were to be granted after January 1, 2008 (which is unchanged). The changes are summarized in the memo from Director Last. Feel free to contact him should you have any questions. 20. Agenda Item No. 7F. Ordinance No. 750, 2' Reading Abandonment of utility easement and temporary construction easement on T.W. King Road Lot 1, Block A, MTP-IBM Addition No. 1. As noted in the staff memo, this easement was specified and filed incorrectly, resulting in title problems for the property owner. Abandoning the easement is the first step toward correcting the mistake. Please contact Shawn Poe if you have questions. 21. Agenda Item No. 9A. Resolution No. 99-57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center. The cover memo from Kevin explains the fee schedule changes being requested for the Southlake Tennis Center. The Park Board considered the fee schedule changes at its meeting July 12 and unanimously recommended approval, with the recommendation that annual non- resident membership fees be increased above the staff recommendation. You will note from the area survey information included in your packet that the Park Board's recommended fees are in line with other Metroplex tennis centers that have facilities comparable to Southlake's, and are still lower than those of Arlington and North Richland Hills. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 12 of 17 As explained in Kevin's memo, staff is recommending one change from the Park Board's recommendation regarding league fees, due to further research since we discussed this item with them on Monday. We are proposing to make league fees the same as the hourly resident court usage fee, meaning that each time a league team plays, each player will pay the resident fee per court session. This would make collection of league fees much simpler and more equitable for the different types and lengths of leagues. We are bringing this item forward at this time because, even though we do not have a contractor in place, we are taking steps to accommodate fall league play and need to have a fee structure in place. If you have any questions regarding the fees or the status of the tennis center, please contact Kevin. 22. Agenda Item No. 10A. Approval of General Operating and Scheduling Policies for Southlake Tennis Center. As in item 9A, we are bringing this forward to you to put policies in place to accommodate scheduling and reservations for fall league play and public open play. The policies were approved unanimously by the Park Board with no changes. Again, please contact Kevin with any questions regarding this item. 23. Agenda Item No. 10B. Change Order No. 1 to the contract with Control Specialists, Inc. for the construction of the pump station located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road. This change order is necessary to place the pump station on T.W. King Road in service with our water system. We had hoped to be able to secure donation of an important easement for the Trophy Club line, however, the property owner is not yet ready to dedicate it. Without this easement, construction of the 24" water line from Trophy Club cannot be completed. As such it will be necessary to route water into the storage tank from Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 13 of 17 the 24" line on White Chapel. This, however, necessitates the installation of equipment as provided for in the change order. The installation of the equipment allows us to move forward with the use of the tank without the 24" Trophy Club line, but will also provide a redundant feed to our tank, an important feature for effectively managing our demand for water. The change order will provide for the installation of a tank supply valve that can be opened and closed electronically. The total cost for this change is $60,222, and will be covered with funds in the Public Works CIP. Please call Ron Harper with questions. 24. Agenda Item No. 10C. Authorize the Mayor to enter into a residential developer agreement for Harrell Place. The subject property was rezoned in May 1997 for six (6) lots; five being one acre and one as a 30,000 square foot minimum lot. During the zoning hearing several adjacent residents spoke regarding drainage problems in the area and, while they were pleased that the Planning and Zoning Commission and City Council reduced the intensity of the development from eight lots to six, they were still very concerned about the drainage in the area. At that time, the City informally agreed to work with the developer to resolve the problems. Many of these problems had been in existence for many years, and residents feared the drainage issues would be exacerbated with the development of the property. The existing drainage system constructed for Cimarron Acres was designed to handle the increased run-off from a fully developed residential neighborhood to the north. However, the residents have expressed concerns about an open channel drainage "facility" in the rear of their properties. Thus, a previous Council agreed to put the drainage underground at City expense. The developer agreement before you finalizes the project. The estimate for taking the drainage underground in pipes Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 14 of 17 is approximately $68,000. We would recommend covering this expense with CIP funds. Please let Charlie Thomas know if you have any questions about this item. 25. Agenda Item No. 11A. Outdoor Lighting Regulations. This item has been placed on your agenda for discussion, as time permits. It has been ready for some time, but full agendas have prevented us from bringing it forward. We are doing so now because we have been able to schedule the ordinance (and companion zoning ordinance amendment) for P&Z consideration. It is our hope that you will be able to review the issues with us prior to P&Z's formal consideration. Ordinance No. 693-B will be the focus of our discussion. As noted in the staff memo, this ordinance will set forth the minimum criteria for the installation, use and maintenance of outdoor lighting. This ordinance amends the Uniform Building Code to define specific, quantitative measures by which compliance can be determined. Please note that variance requests would be processed through the Building Board of Appeals. If it is your preference to hear variance requests, please let us know so that we can properly change our approach. Please contact Garland Wilson or Malcolm Jackson if you have questions about this item. Other Items of Interest 26.Resignation of Public Works Director Bob Whitehead. Please see the attached resignation letter from Bob Whitehead. We will miss Bob, but wish him much success in Colleyville. In the interim, Ron Harper will direct the department. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 15 of 17 27.Countryside Bible Church/Barton House/Christian Men's Network sewer project" update. As stated in the memo from Charlie Thomas (see attached), a second meeting has been scheduled for staff to meet with property owners on July 21 to further discuss participation in this project. We hope to have this item ready to bring forward on August 3 for your consideration. If you have any questions, please contact Ron Harper or Charlie Thomas. 28. Status of filling the Finance Director position. A formal offer has been made to Sharen Elam (as mentioned in last week's CM notes) and she has accepted. We are still finalizing details, but expect her to begin her work with Southlake no later than August 23. 29. Note the attached letter from Mr. Bill Lamoreaux regarding his request to SPIN Chairman Al Morin to change SPIN boundary lines so that their area will be included in Neighborhood No. 2 instead of No. 1 (see map of area attached). City ordinance charges SPIN with annual reviews of neighborhood boundaries, and to submit recommendations for changes to the City Council for approval. Shelli Siemer is working with the SPIN Executive Committee on this request. Please contact Shelli if you have any questions on this matter. 30. Focus on Youth Project. Tarrant County Commissioner Glen Whitley has assembled a team of volunteers from throughout Northeast Tarrant County to organize an event, Focus On Youth, to be held Sept. 11 at Tarrant County College Northeast Campus in Hurst. Mr. Whitley has asked for participation from area cities and school districts. Three Southlake representatives attended the committee's first meeting on Thursday: Municipal Judge Brad Bradley, Public Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 16 of 17 Information Officer James Kunke and Community Services Coordinator Courtney Queen. All three have accepted sub-committee assignments. y The event will be geared toward students in grades six through 12, with an emphasis on teen-agers. Dozens of organizations and service agencies are being invited to set up display tables during the four-hour event, and many will be given a chance to make presentations during a series of breakout sessions. Scott Murray has agreed to be the opening speaker, and a second motivational speaker is being sought for a closing program. Volunteers are visiting Northeast Tarrant County businesses to solicit prizes to give to the youth who attend the event. Whitley's goal is to have at least 100 youth attend the event, and to make it an annual program. 31. Also attached to my memo: • TxDOT SH 114/SH 121 Study Newsletter/Memo from Charlie Thomas re: MIS mtg. • Invitation from Metroport Teen Court to attend the Awards Banquet on Thursday, August 12, 6:30 p.m., Trophy Club Country Club. • Letter to Roger Nelson, City Manager, City of Grapevine, concerning the proposed widening of North Kimball Ave. • Letter to Donald Pryor regarding DPS complaint/original complaint letter • Calendar of Events/Meetings • Thank you notes. r BC Honorable Mayor and Members of City Council - Agenda Item Comments and Other Items of Interest For City Council Meeting July 20, 1999 Page 17 of 17 Staff Extension Numbers: Bradley, Valerie, Public Works Administrative Assistant, ext. 773 Campbell, Billy, City Manager, ext. 701 Gandy, Karen, Zoning Administrator, ext. 743 Carpenter, Chris, Senior Planner, ext. 866 Harper, Ron, Director of Engineering Services, ext. 779 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Chief Accountant, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Ward, Paul, Chief Building Official, ext. 755 Whitehead, Bob, Director of Public Works, ext. 740 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\4mat-mtg.doc i ' , t . � J . Background • There has been a noticeable increase in over-flight of approaching jets and commuters(propeller)into DFW airport. Areas affected include Monticello and Monticello Estates,Timarron, Stone Lakec,and Timberlake.These are some of the most developed areas of Southlake for residential housing. • Intersection of commuters and jets over Timberlake with as many as one flight every 10 seconds during peak times. • After meeting with FAA and DFW representatives it was stated that no change would be made in aircraft headings or positioning of aircraft to other areas. However,most neighbors have claimed a noticeable increase meaning that flights that once flew over other areas now flyover Southlake within the"4 corner approach"system for DFW. • Continued growth of DFW Airport and increase in residential building will only exacerbate this issue for Southlake. • This growth will reduce the quality of life for Southlake as well as negatively impact property values and tax revenues for the city. Recommended Mitigation • Deliver a written request from the Southlake City Council to DFW officials asking them to voluntarily reduce over-flight over residential areas of Southlake. • Produce formal request for DF«'to examine a change from a our corner approach s)s:er 4e a standard terminal arrival (STAR) to reduce downwind over-flight of residential areas. • Immediately cease late night and early morning departures over Southlake- I 1:00 PNI - 6:00 AM. Homeowners have been regularly woken out of a sound sleep. • Provide commuters vectors that take their flight path closer to Davis or Whites Chapel and away from homes. • Take appropriate legal actions if DFW airport officials are uncooperative. • Organize community meeting to discuss issues with DFW officials. • Implement a homeowner call-in program to the noise complaint hotline for DFW airport. Expected Result • City council and Southlake Administrators own and drive the process as representatives of the homeowners of Southlake. • Reduced over-flight and noise over communities with the exception of weather avoidance and flight safety. Establishment of metrics to determine non-compliance of any agreement between city and DFW airport. �Lc� DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in aircraft noise (both departures and approaches) around the Timberlake subdivision as -• well as other areas within Southlake. Both commuter(propeller) and jet aircraft (mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turning to make approaches to the diagonal runway. These over-flights occur at various times of the day with some as early as 3-AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIGN BELOW: Name Address (zip Code Phone Signature �\0 � (Ak�— , Y- v G U1 ayr ll� � A 11�1 r 3')Clg '! I ri54mk ,1 JUIX? 7`� s � �e Cvr z a�� 3:'Q' 111C lake,107 rpa n '�Oowvee' T)(,Zin272- (IFJ Z)-Z�,7 0?1 k-Z130 QI- Ell a� Z ez o IIrIA ke TX 76 b (97) 5-t15 9 can DFW Noise Reduction Petition 04/18/99 DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in aircraft noise (both departures and approaches) around the Timberlake subdivision as well as other areas within Southlake. Both commuter(propeller) and jet aircraft (mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turning to make approaches to the diagonal runway. These over-flights occur at various times of the day with some as early as 3-AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIGN BELOW: \ame Address (Zip Coke) Phone Signature V I, i.r1 1 9 J l/W 1,`• 1 ll�. I y 1 \ V , - .T ! W -/ �/lKN`_l�{'� S'(�'��,V-`...✓ � W 103 ParKda►)t Cfi' Auk 4 Lisa �icrd SouthlaIA T ��o9Z tsa)ag-g777 daa,2n u)¢c a c� J / { 2 G '+i� �vf/"SS - f . Kb p^Y- 7 ,o 4--h E3,7- LZ ar/ld a l-e �2t 91m* bqymm-A-, - r IX DFW Noise Reduction Petition 04/18/99 DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in aircraft noise (both departures and approaches) around the Timberlake subdivision as., well as other areas within Southlake. Both commuter(propeller) and jet aircraft(mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turnin(2 to make approaches to the diagonal runway. These over-flights occur at various times of the day with some as early as.3 AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIGN BELOW: Name _address (Z*Ip Code Phone Signature o DFW Noise Reduction Petition 04/18/99 n � . 0 0 r o Cl) D v Z O 0 ? CD (D p 0) = -♦ r~ -3 - O � (n O v � CD cn O n 0 0 CD � � � � a � 3 3 v , : m CD CD o -n FD* =- CDo � w cQ O C cn Cc � cn � CQ -� o o � C o < �- o —Z 0- � (D O Cm O < � (D C) �' (D CD O 0-0.= CDD3CCDD � o � `� 3 � 0 v (n CD0ca < _ pLn. o -i o -�, Q O C�C o O cn _O CD C CD CQ (�D �- CD :. cn. O O. m � � O V� � 0 � � CD .� O 0 C7 (D cD O� cn Q 810 (D• W O CD .-•W �. Q CD CQ. Cn v =r CD v (n O O O o 0) �- < o< 0- Cn .--� cn �. O CD O =r �' �' cn 70 CD ,-* O 7z- CD < cn o O —• �. cn D -� 0 � CDCD CD o0 N � cOn (n O -0 CD CD (n _ CD M CD CD �- o P -n CD Q v 3 cn � � � �� `-CD cD On --� �' cn v 0 :4, CD cn � CD M `< 3 � CD CD p O CQ O cn 0 O C 0 0 f o — � � CO CD O O :3 cn (n �. I -- CD FD O (D OL) r.t. CD CD A Cn � CD � CD CD oCn -� . cn CD(n 3 O O � —• O Cn CD 3 cD (n f--#- CD _ —- 7D to — ,'1 3 CD CD n. CD 0 —. r-f- 0, Cn O —• O iv O Cn (n - cn 70�w 0 CD C7 0. MOMS 3 �v CD • O � - o M CD 0 CD -n CD � CD �' COD n < CAD < < CD Q CD CD OCD o o o CD CD O O iU O m O p CO 3 O ,�� CAD O O 3 � O -.' CD CD O O r•�+- O M 0 cn EnCD O O cn 7 - -1 CD CD O CD CQ CD c n F- } O � CD O a O 0 0� -0 M Co CAD O � -. 770 3 0. CD CL cm 1 0 CD - O 3 Cn. `< CD O -� CD cOn =r � �• COD =- CD O CD 0 0 ,l u0i COD � O O 3 CD � _ -a C-1 � O O E57 0 O -t+ + CD 19 0 0 rn =T, a) X 3 CD- 3 C: CD Q. �91 CD CD ° CD 3 X ° CD n 0 CD CD CD w CD cn O = c� Cn 0 Cn c� O �. COD 0- O Q ;,7- (n CD w CD CD = 0. Do . 3 -� CD Q w CD CD CD o < CD . CD 0 n . CD _ O -� CD � n COD cn O 3 o ) cn R � --+, C _ �. Cp' CD July 13, 1999 Mr. Billy Campbell, City Manager City of Southlake r 1725 E. Southlake Boulevard Southlake, Texas 76092 Dear Billy: This is one of the hardest letters that I have had to write in many years. I know you have been informed that the City of Colleyville contacted me about a position with their city. This was not something that I was seeking. In fact, due to our friendship and the camaraderie among the administrative staff, it was my intention to finish my career with the City of Southlake. After meeting with Mr. Stripling and hearing his offer, I feel that I would enjoy the challenge of the position I have been offered, and have accepted employment with Colleyville beginning August 2nd. It is with no small measure of sorrow,that I submit this letter of resignation. I have enjoyed being a part of the city team A finer group of professionals will be hard to find. It has been a privilege to work with you and your staff. As a resident of Southlake, I am thankful that someone with your leadership and management skills will be leading Southlake through its continued growth and development into a premier city. Sincerely, Robert R. Whitehead, P.E. Director of Public Works City of Southlake, Texas MEMORANDUM July 16, 1999 To: Billy Campbell, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: Countryside Bible Church/Barton House/Christian Men's Network sewer project update At the City Council meeting of July 6, 1999, City staff and architects for Barton House discussed with the Council a sewer project that would include a lift station, force main and gravity main to route sanitary sewer from the Countryside Drive area south along White's Chapel Boulevard to Chapel Downs subdivision. This lift station could serve all the properties (five along Countryside Drive) but was not economically feasible without City participation. Council directed staff to meet with property owners and bring back an agreement in which all property owners participate and the Council would then consider the possibility of City participation. The Engineering Department staff met with the property owners and Countryside Bible Church's engineer on July 14, 1999. Three of the five property owners were in attendance. Details of the project were discussed. It was discussed that the property owners would need to be willing to sign an agreement committing to a certain percentage of the cost of the lift station and force main as well as the necessary gravity line to get their sewer to the lift station. All the present property owners were amenable to an agreement with the proper percentages and if the City would participate with the proper percentage. The task now is to determine what that proper percentage should be for each property owner and the City. A meeting has been scheduled with the property owners and City staff for July 21, 1999 to furtherf4iscuss the agreement and their participation in it. Charlie Thomas, P.E. Sanitary Sewer Project Countryside Bible Church Wayne Lee Wayne Lee Christian Mens Network Barton House • tion City of Southlake Geographic Information Systems FROM : Lamoreaux & Assoc. PHONE- NO. 214 946 3588 Jul. 15 1999 04:34PM P2 .hme 15, 1999 f ivlr. Al tikmn,Chairman-Spin Standing Comrt1ittre 1012 Diamond Blvd. Southlake, texas. 76092 Dear j$. Morin- Residents of the T. W. King NeqOibo&ood Association would Rice to formally request that the property as designated in the atmexation Ordinance No.464 be removed from Spin 1 and included within the boundries of Spin 2. Ibis would entail the logical extension of Spin 2 to encompass properties East of T. W. King Rd., West of White Chapel Rd. and South of Bob Jones. fhe request is based upon the following: t. Spin 2 would prKnade better 1cpres.,ntaticn and prvvzde improved input into matters -�one--enzizig thcrouWary a<xess as weu as re2awd city service i ces with the City or aouthiake. 2. An historic and documentable lack of notification to residents within the aforementioned boundaries, that due to cause and effect, have a positive or negative impact on theft Ptopevics. Ze7ltlwly ttrd by .� Bil:dux Lenny McAdams T.W.King Neighborhood Association. OT It 11 ( It 4eaer.1 TcIai MO IMys w i►Z 04c. nee \. i Y n. I i� i p ti 41i. �, b•ne.�i 7t.a�4 i 36�Rc/ 11 s' r• rrc+ �;; " r D! ='�i� _�- v 14 j .,`," )ram• . :. JG .� • 20.7S Ac tp �'� '� 12. ti -aM '.C.r'o:Ae r ti c >t �>gTJlci lv•SzRct IrerC ��c j!o/psi i•► . e .M '.��r' .. S '•tip N z 4.OpG .4S4/ZG �•� At: •`� '6__. Jvne Jones Jr. + �• �� 4r,.oAc + 3 - 3 1A3 Wr4. E. Lafnoecavr/ Jr. 4 3.7 It 7l Z&- 10.77 � A . V • t 'Qt D.T. S 9 6,/3¢0 I . U o r4�4� � Qr F. OJen � A\ zw.Ac here Y 777 L: s.rf�� Q4 � -: ,��• r c � �� . r ' r , TdK" Depw /t Of r 121 114 MOP STUDY NEWSLETTER Texas MajorDepartment Investment Study of Transportation Volume 9 July 999 LK A fourth Public Meeting was held on April 27. 1999 at Those attending gave the Study Team detailed com- the Grapevine City Council Chambers. An Open ments on access problems in each segment, and sug- House before the meeting gave the public an opportu- gested other possible solutions to relieving congestion nity to revie%v the three Viable .alternatives and several and increasing mobility in the study area. Each of the local access options that had been developed for the segment work sessions was summarized and presented three study segments. Studs Team members were to the entire group. The following are representative of available to discuss study progress and answer ques- the citizen comments received on the local access tions. More than 70 people attended the meeting. issues: including many city officials from communities in the study area. BLUE SEGMENT (EAST) limits: Denton Creek to DART rail line south of IH 635 ► Options that connect IH 635 west to SH 26 are desirable ► Maintain multiple access points to Grapevine Mills Mall from SH 26 and SH 121. ► Bass Pro Rd. access to and from SH 121 to the north is important. ► Consider U-turns for frontage roads north and south of the DART rail line GREEN SEGMENT (MIDDLE) limits: DART rail line south of IH 635 to Main St. ► Access to and from the east at Loop 382 (Bus. 114) is important Durinv the meeting. members of the Texas 1Dgpartment ► Retain possibility of connection to DFW from of Transportation (TxDOT) and the HDR Study Team future DART transit facility east of Intl. presented findings of the Phase II analysis of Viable parkway. Alternatives. The meeting then divided into three ► Consider westbound SH 114 to eastbound IH groups. one for each study segment: Blue (East). Green _ 635 connection. (Middle) and Yellow (West). The Study Team present- ► Major SH 114 to SH 121 weave. This weave ed drawings showing possible local access options in should be eliminated. each segment. Participants were encouraged to pro- w' comments regarding the Viable Alternatives and Next Open House/Public Meeting: ggested local access options. July 15, 1999 6.30 pm Open House 7:00 pm Public Meeting Grapevine City Hall, 200 S. Main St., Grapevine. C 1 21 ' 14 YELLOW SEGMENT (WEST) limits: Do- Try to eliminate at-grade DART I Main St. to FM 1709 and SH 360 rail line crossings at SH 26. ► FM 1709 access ramps should be ► Access from SH 26 should be as located so as to be compatible direct as possible to SH 114. with Southlake traffic patterns and ► Right-of-way i1,nP acts are a potential commercial concern for ramp connections development. between SH 114 west and SH 121 south. The Study Team has completed the evalu- ation of the Viable Alternatives that looked at the environmental, mobility and engineering impacts to the region and =' T study area. A summary of the evaluation results is shown below. The three build Viable Alternatives are proposed to be developed within the existing SH 114/ SH 121 corridor and include: ► Adding additional general purpose lanes Sunimar•of Viable Alternative Screening ► Adding high-occupancy vehicle (HOV) lanes with additional All three Viable Alternatives increase general purpose lanes, and mobility in the Metropolitan Planning ► Adding Express/tilanaged Lanes. Area and in the study area. The Express/Managed Alternative carries a These alternatives will also incorporate higher number of vehicles and people as elements of Transportation System compared with the other two alternatives. Management (TSM) and Transportation In addition, all three Viable Alternatives Demand Management (TDM) strategies reduce motorist demand on local streets as a preferred alternative is identified. All and decrease the vehicle hours of travel three alternatives were compared with the and hours of delay in the region. A pre- No-Build alternative. liminary construction cost estimate was prepared to determine the magnitude of Overall. the Viable Alternatives support the financial commitment to build the pro- compliance with regional air quality stan- jects. All alternatives were considered dards. Each significantly reduces harmful with similar improvements along SH 114 emissions over the No-build scenario. and SH 12 1 north and south of the study Since the Dallas/Fort Worth region is clas- area. sified as a serious non-attainment region for ozone emissions, reductions in ozone precursors, Volatile Organic Compounds (VOC) and Nitrogen Oxide (NOx), should reduce ozone levels for the region. pity 121 114 ter considering numerous alternatives and performing detailed evaluations. the I4/SH 121 study team is recommending a Preferred Alternative for the corridor. IftROExpress Lane Alternative was considered to accommodate the high volume of non- stop trips through the study area on SH 114. During the stud% process, refinements were made to the Express Lane concept. which resulted in a Managed Facility. The Managed Facility combines the mobility benefits of express lanes with ,the people- - moving potential of high-occu- pancy vehicle (HOV) lanes, offer- ing greater flexibility in control- ling congestion. It also provides regional air quality improve- ments. construction cost savings. opportunities to generate revenue and to be imple- mented more quickly than express lanes. The Express/Nlanaged Facility for the SH( 14/SH 121 corridor will accommodate both high-occupancy vehicles (HOV) and single occupancy vehicles (SOV) providing opportunities for congestion management through a combination of three variables: of operation, auto occupancy, and toll/congestion pricing. The proposed ged Facility differs from a typical freeway facility in that it allows direct flow of through traffic without interaction with local entrance and exit ramp traffic. The facil- ity will be barrier-separated from the freeway main lanes with access to the facility proposed at the following locations: 1 a ramp in the median of Typical Section _ S H 114 to/from the western segment near SH 26, and Facility ► a ramp in the median of SH 114 connecting to/from the eastern segment of SH 114 near Freeport Parkway. This fall, the study team will evaluate the Express/Managed Facility's access and operation issues. These adjustments will include adding two- lane direct interchange connections - in the western segment between SH 114 and SH 121. modifying the existing SH 114/SH 12I/International Parkway interchange, and modifying the IH 635. SH 26 and t ?-199 interchanges among other issues. These alternatives will again be formulat- ough extensive public and local government interaction and feedback. The next opportunity for formal ` ppo ty pgalic meeiicip�e of the many ways to voice input will be 'at the fifth public medVffg your opinions on the SH 114/SH 121 study. scheduled Ni 7:00 PM on July 15, 1999 You may also: in the Grapevine City Hall Council Chambers, 200 S. Main St., Grapevine. Mail comments on the SH 114/SH The Project Team will discuss the screen- 121 Major Investment Study to: ing analysis of the viable alternatives. Texas Department of Transportation The goal of the public meeting is to pre- P.O. Box 6868 sent the findings of the screening and gain Fort Worth, TX 76 1 1 5-0868 Attention: Joe Atwood, P.E. consensus on the preferred alternative. Email your comments to: Thefbrmat for this public meeting will sh114mi.T@mailaw.dot.state.tx.us include a formal presentation followed by Express your comments to your local an opportunity for comments and ques- representative of the Technical tions. The public Committee SH 121/SH 114 - Major Investment Study Newsletter The SH 1141SH 121 Study Newsletter is a publication of the Fort Worth District - Texas Department of Transportation. Its purpose is to inform interested citizens of the SH 114 and SH 121 Corridor Major Investment Study progress and upcoming events. Texas Department of Transportation MEW 121 114 ; L 0 919 9s .r " 033 PS« • ETaR Major X 7076617 U.S. POSTAGE • Investment Study Texas Department of Transportation P.O. Box 6868 Fort Worth.TX 76115-0868 Attention: Joe Atwood, P.E. - Next Open House/ The Honorable Public Meeting: City of Sou Curtis E. Hawk July 15, 1999 6:30 pm Open House 667 thlake 7:00 pm Public Meeting So N' Can°]l Ave. Grapevine City Hall, _ - uthlake_, TX 76U92 200 S. Main St., Grapevine. HDR Engineering,Inc. TxDOT Planning Consultant } '? 111111113641l�I.i�,.,�..J. City of Southlake, Texas MEMORANDUM July 16, 1999 To: Billy Campbell, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: SH 114 / SH 121 M.I.S. I attended the Public Meeting of the SH 114 / SH 121 M.I.S. on Thursday, July 15, 1999 at the Grapevine City Hall. TxDOT and the engineering consultant made a presentation of the "Preferred Alternative" from the M.I.S. study team. I The "Preferred Alternative" consists of a managed facility which will include increasing the number of general purpose lanes and adding reversible express lanes from west of SH 26 to east of Freeport Parkway in Las Colinas. The plan would also include tolls for the express lanes. In the fall, the study team will begin looking more closely at the access issues. This will include possible ramp connections from FM 1709 to SH 114 and other accesses along the study corridor. We will keep you informed as this study progresses. Charlie Thom , P.E. ease Join Us For The 1999 troport Teen Court L Awards Banquet AR ou and a guest are cordially invited to share in a night of celebration to honor the many dedicated individuals that �- * help make Teen Court a success. L cation: Trophy Club Country Club 500 Trophy Club Drive Date : Thursday, August 12th Time: 6: 30 P.M. - 8: 30 p. m . Dinner will be served at 7:00 p.m. Awards will begin at 7:30 p.m. Please RSVP before August 6t" : _ Monica Broadhurst at (817)481-5581 ext. 84 , City of Southlake Administrative Offices • July 14, 1999 Mayor: Rick Stacy Roger Nelson Mayor Pro Tem:Gary Fawks City Manager City of Grapevine Deputy Mayor Pro Tem: Ronnie Kendall P.O. Box 95104 Grapevine, Texas 76099 Councilmembers: Wayne Moffat Rex Potter Dear Roger: Debra Edmondson Patsy Dupre Thank you for visiting with me yesterday on the City of Southlake's City Manager: concerns regarding the proposed widening of North Kimball Avenue. Billy Campbell It was my understanding from our conversation that the City of Assistant city Manager: Grapevine is proposing to extend pavement of the road an additional Shana K.Yelverton two feet, from its current location, into Southlake's city boundary. L.L LeG eGrand l Given the potential impact of this project on Southlake residents, the City of Southlake wishes to enter into an interlocal agreement with the City of Grapevine to address specific issues of concern to them. To this end, we have asked our city attorney to prepare a draft agreement for the City of Grapevine's review and consideration. We anticipate providing a copy to you no later than July 28, 1999, and look forward to the opportunity to fully resolve questions and concerns through the agreement prior to the commencement of construction. Please call me at 481-5581 ext. 702 with any questions. Sincerely, Billy Campbell City Manager 1725 East Southlake Blvd.• Southlake, Texas 76092 (817) 481-5581• (817) 329-1747 AN EQUAL OPPORTUNITY EMPLOYER" City of Southlake, Texas MEMORANDUM July 16 1999 i TO: Billy Campbell, City Manager FROM: Garland Wilson, Director, DPS SUBJECT: Citizens Complaint I Mr. Donald Pryor came into my office on July 5, 1999, he presented me an envelope and asked me to review the contents. I offered to allow him to come in and visit while I reviewed the letter in the envelope. He denied and stated for me to read the letter and do whatever I thought was appropriate. We have reviewed Mr. Pryor's complaint and examined the video. His recollection of the event is not consistent with our findings on the video or the interviews with Officer Kenny and Officer Stites. The video is available for review in my office. Please see the attached letter to Mr. Pryor for i additional details. I am available for questions or comments you may have. Gw/g4� cc: Shana Yelverton attachment: Complaint from Mr. Pryor Reply to complaint DONALD PRYOR 5703 Bent Tree Ct. Colleyville, Texas 76034-3145 (817) 307 5454 7/5/99 Garland Wilson Director of Fire and Police City of Southlake Southlake, Texas 76092 REF: Citation # 171150, dtd 23 Jun 99, Patrolman Stites # 191, Ketary #180. Dear i son, As a resident of Colleyville and working in Southlake I have always found the police department and the officers who serve, professional, friendly and "better than the rest". However, an incident occurred that has left a poor impression. About 8:30 PM myself along with our Chief Operations Officer and Vice President went to have dinner in the new town square. Places to park were non-existent and I -arked in front of another car, parallel to the curb, no painted curbing, or any signage noted it was a non-parking zone. Shortly after arriving the restaurant manager ed me if I was driving the red Jeep andsaid I should move it. I left to run out to my car. Outside I was met by two uniformed patrolmen. They reiterated that I would have to move my car and I stated "not a problem, be happy to". That answer was far from enough for them. What should have been at worst a minor item turned ugly. The two patrolmen became intent on escalating this into an incident far beyond anything acceptable to the onlookers or me. Instead,of letting me run out to my car, they began a berating, condescending diatribe that was clearly not required. I said "hey, I'm just a local and it was my first time here (town square) and when I had parked there weren't any available spaces". This infuriated them to the point of open anger demonstrated verbally and in their body language. At this point, I began to feel threatened and tried to hasten to my car. I passed where they had their car parked and was opening the door when one of them shouted out to me and called me back. As I approached my senses told me that these two patrolmen, were on the verge of drawing their guns. Their stance, physical posture and attitude was one of aggression and hostility. Having been a law enforcement officer (Miller County 1966), I could feel the situation getting out of hand. I was approached by one of the patrolmen and told "we usually let people off, but we changed our mind and, were gonna get you" (or words to that effect). I passed my drivers license to him, then turned to go back and moved my car. He shouted at me "up against the car" (or words to that effect My only goal was to get to my car. Had either officer approached me I would have called 911 for help, on the cell fone. I was prepared to defend myself against two "gunslinging", nut of control individuals. I can assure you, I felt they were ready to pull their guns :l "hog-tie" me. VOTE its the American Way Observations: • The patrolmen also serve as ambassadors to your city, they failed! • No law enforcement officer should ever let the situation escalate to a level were its out of control...they are in charge. I provided no resistance, no cursing, no yelling and no anger. • To have called me back and tell me they "were gonna get me"is under any circumstances the worst of judgement. • Fabricating a violation of the law in order to write a summons is unethical. • Projecting an attitude of aggression so intense as to threaten a law-abiding citizen is unacceptable. (I am a senior military officer, 26 years US Army Infantry, multiple combat tours and I have stared down the barrel of weapon and been bayoneted. I know what aggression is! • They demonstrated to the onlookers and members of my party the same aggression I saw. Frankly, it scared them. • I am also convinced that in the event of a real crime, they lack the ability to control and mitigate the situation. • My drivers license was not returned to me. A common trick by patrolmen who lack professionalism. • Does it really take 2 armed patrolmen in cars in the town square parking lot. Perhaps it is more dangerous there than I know. This incident has caused me to un-list my home For Sale in Colleyville (Prudential Texas Real Estate). My intent was to relocate to Southlake, close to Lake Grapevine. C's put the focus on real crime by real criminals. Sincerely, DONALD PRYOR Vice President& CIO .comercis 2105 Southlake Blvd Southlake, TX. 76092 CF: City of Southlake, Mayor, Rick Stacy' Southlake Town Square Leasing Miehael D. Samonek, Attorney at Law, Dallas, TX. VOTE its the American Way of Southlake Donald Pryor City 5703 Bent Tree Court Administrative Offices Colleyville, Texas 76034-3145 July 16, 1999 Rik S�Y Dear Mr. Pryor, Mayor Pro Tom: The City of Southlake Department of Public Safety is in receipt of your letter W.Ralph Evans of July 7, 1999 regarding the issuance of citation 171150 by Officer Stites and Deputy Mayor Pro Tem: Officer Kenny. Although your letter does not specifically request action or Scott F.Martin comment, this letter serves as a response to the allegations you make and to Councilmembers: afford you with assistance on how to properly address the issues. Wayne Moffat Ronnie Kendall This department holds its personnel to the highest standards of ethical and Debra Edmondson professional conduct. In order to assist in that endeavor, each patrol vehicle is Gary Fawks equipped with a video camera, and this incident was recorded. Both the interviews with the officers and a review of the video tape provide a City Manager perspective on the events as they actually occurred which is significantly Curtis E.Hawk different to that portrayed in your letter. Assistant City Manager. Shana K.Yelverton Your letter indicates that"places to park were non-existent." Albeit they were ( ecretary: not immediately contiguous to the restaurant, numerous parking spaces were wra L.LeGrand in fact available in reasonably close proximity. The officers initially observed your vehicle parked in such a manner so as to create a significant hazard to both vehicular and pedestrian traffic. Specifically, pedestrian view was obstructed,and vehicles were required to enter into the oncoming traffic lane in order to pass. Although the officers could have requested a wrecker remove the vehicle,which may have been a more expedient approach,they chose to make contact at several businesses in an attempt to locate you and request you voluntarily mitigate the hazard by moving the vehicle. As a result of that action,one of the business managers notified you of the problem. Your letter further indicates that upon making contact with the officers and the request to move your vehicle,you stated, "not a problem,be happy to." Your letter does not reflect the comment made which included the use of vulgar profanity in the audible presence of other citizens. Although this was a separate violation,the officers chose not to make that a specific issue, but it did generate a necessity for them to take action to ensure the situation was under control. Your letter indicates that the officers shouted at you, "up against the car."In reality, the officers simply directed you to stand in front of the patrol vehicle to remove you from the dangers of traffic on the roadway. As a former police officer, you should recognize this action is taken for the safety of both the officer and the violator. 1725 East Southlake Blvd. a Southlake, Texas 76092 (817) 481-5581 • Fax (817) 329-1747 AN EOUAL OPPORTUNITY EMPLOYER' Donald Prayor July 16, 1999 Page 2 Your letter states that the officers were infuriated"to the point of open anger demonstrated verbally and in their body language,"and your letter repeatedly makes similar reference regarding the officers exhibiting inappropriately aggressive conduct. Your utilize statements such as"gunslinging[sic]out of control individuals,"and even suggested the officer were ready to"hog-tie" you:presumably a reference to the recent incident in Fort Worth. A review of the video tape projects a significantly different image. The officers were not confrontational. The officers did not have their hands on their weapon as if ready to draw. The officers maintained a physical-stance that is commensurate with de-escalating conflicts. What we recognize are two issues,each of which must be addressed in the proper forum. The first is your apparent complaint regarding the officers conduct. The second is your belief that you are innocent of any traffic violation. In order to address the complaint on the officers,you are encouraged to contact our internal affairs division at(817)481-5581 ext 726. State law requires that before any action can be taken on a police officer that the complaint must be placed in writing. You will be afforded that opportunity to sign a written complaint. Any false statements made in such a complaint could constitute a criminal offense,but all complaints will be reviewed and formally addressed. The municipal court is the proper forum in which to address your citation. Under the criminal justice system in America, law enforcement serves as the executive branch and the municipal court serves as the judicial branch. This ensures fair and equal treatment for all individuals. We encourage you to address the municipal court with this matter. Should you have any additional questions or comments,please feel free to contact me direct. Sincerely, "CA� Garland Wilson Director Public Safety Cc: City of Southlake Mayor Stacy Southlake Town Square Leasing Michael D. Samonek,Attorney at Law,Dallas Deborah Dreyovitch, City Attorney July 1999 Monthly Planner Sun Mon Tue Wed Thu Fri Sat 1 2 3 i I 4 5 6 7 18 9 10 I i I I 11 12 13 14 15 16 17 � I I i 18 19 20 21 22 23 24 11:30 AM CC 7:00 PM City 7:00 PM SYAC 7:00 PM P&Z 5:00 PM CISD/ Briefing Council Meeting na, Meeting COS-Softball I Meeting Com Ctr GameBBQ i I i ; i I i i 25 26 27 28 29 30 31 j 11:30 AM Cha- 6:00 PM Joint 7:00 PM Library CM files propos- mber Luncheon Mtg COS/CISD Board Meeting ed budget w/ 6:00 PM SPDC at Council @ CC City Secretary Meeting @ CC Chamber � I I Meetings subject to change. Please call for more information prior to attending. August 1999 Monthly Planner Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 11:30 AM CC 7:00 PM City 7:00 PM Crime 7:30 AM Southl- Briefing I Council Control Meeti- ake Exe Forum 7:00 PM KSB Meeting ng @ CC Meeting @ Com Ctr 8 9 110 11 12 13 14 7:00 PM Park BUDGET 12:00 PM 8:00 AM Chamber Board Mtg @ WORK Mayoes Cmte Bd CC SESSION Mtg @ Sr Ctr 1:15 PM Sr Adv Cmte 1 1:15 PM Sr Adv 5:00 PM Youth 6:30 PM Teen Ct. Cmte Pk Bd @ Com Banquet j TC Ctr Country Club 7:00 PM Drug i 6:30 PM SPIN &Alcohol Cmte Standing;7:30 j @ CC Joint wlCC ! 7:00 PM JUC Admin 15 16 17 18 119 120 21 ! 11:30 AM CC 7:00 PM City 7:30 AM Metro- j Briefing Council port Mtg @ Meeting Colleyville Com Ctr i 22 23 24 125 26 127 28 11:30 AM Cha- BUDGET 7:00 PM SYAC mber Luncheon I WORK ! Meeting @ 6:00 PM SPDC SESSION Com Ctr Meeting @ CC 7:00 PM Library Board Meeting CC i 129 30 131 1 ; SPECIAL ! j CITY COUN- CIL MTG- 1ST PH ON FY99-00 BUDGET; 1ST READINGS I i i Meetings subject to change. Please call for more information prior to attending. September 1999 Monthly Planner Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 7:00 PM SYAC 7:30 AM Southl- Meeting @ ake Exe Forum Com Ctr 7:00 PM Crime Control Meeti- ng @ CC i 5 6 7 8 9 10 11 HOLIDAY 7:00 PM City 12:00 PM 8:00 AM Cham- Council Mayor's Cmte ber Bd Meeting Mtg @ Sr Ctr 1:15 PM Sr Adv 5:00 PM Youth Cmte Pk Bd @ Com 7:00 PM NC Ctr Admin 7:00 PM Sister Cities @ Sr. I Center 12 13 14 15 16 17 18 7:00 PM Park 1:15 PM Sr Adv 7:00 PM SYAC 7:30 AM Metro- 6:30 PM Southla- Board Mtg @ Cmte Meeting @ port Mtg @ ke Chamber of CC 7:00 PM Drug Com Ctr Colleyville Commerce- &Alcohol Cmte Com Ctr Annual Stake @ CC 7:00 PM SPIN out-Marriott Standing Cmte Salona i I 19 20 21 22 23 24 25 11:30 AM CC 7:00 PM City 7:00 PM Library Briefing Council Board Meeting Meeting @ CC 26 27 28 29 30 11:30 AM Cha- mber Luncheon 6:00 PM SPDC Meeting @ CC Meetings subject to change. Please call for more information prior to attending. July 2, 1999 ~M ;, Director Garland Wilson ------------------------ 667 North Carroll Avenue Southlake, TX 76092 Dear Director Garland Wilson, Your Community Service Officer, Carrie Fullington, is the kindest and most concerned person I have ever met in her field. I have gone through some difficult times in the past several years and hit rock bottom on June 22, 1999. Officer Fullington came to my rescue and has gone beyond her call of duty to help me in every way. She has lifted my spirits in such a way that is so very difficult to describe and yet has remained so professional in the process. Officer Fullington called the Crime Victims Compensation Office on my children's behalf and mine and managed to get us full benefits for family counseling as well as medications and hospital visits. We are in desperate ti•.- need of counseling. I can't express to you how thankful I am to her for all the hours she has spent talking to me and working on my behalf. There has never been a time, day or night, that I have called and not been able to talk to her. She made herself available to me on a 24-hour a day basis the first time I walked into her office. I was running scared and didn't know what to do or where to go and she offered to help me in any way she could. I feel so fortunate to have crossed paths with her. I truly believe she was my guardian angel when I reached the lowest point in my life. I'm sure you already know what an asset she is to your Department and to victims of violence in our community, but I wanted you to know how appreciative I am to her caring and professional ways in my desperate time of need. She is truly one of a kind and we need more people like her working in our community. Thank you for recognizing such a fine person like Officer Fullington and hiring her to help us. Sincerely, 1�7� Denita Edgar SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance, which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE J. Foster ID#: 328 DIV: Fire EFFECTIVE ISSUANCE DATE OF COMMENDATION: June 14, 1999 NARRATIVE SUMMARY: Bessie Kelly came to SDPS this date to pass along a compliment.On Thursday June 10, 1999 at about 2200 hours, Mrs. Kelly's vehicle became stalled at the Town Square entrance on North Carroll. Mrs. Kelly indicated that Communication Specialist Jodi Foster,who was on her way home, stopped to offer her assistance. Foster obtained the phone number of Mrs. Kelly's daughter, returned to the station to call Mrs. Kelly's daughter, and then reported back to Mrs. Kelly,sitting with her until her daughter arrived. Mrs. Kelly was extremely pleased, and wanted her contact documented. ACKNOWLEDGEMENT: As the issuing supervisor, I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files, and that a duplicate copy has been forwarded to the employee. Issui Supervisor Da SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance, which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE Theresa Tryon ID#: 318 DIV: Fire EFFECTIVE ISSUANCE DATE OF COMMENDATION: June 8, 1999 NARRATIVE SUMMARY: At approximately 1000 hours today, Sgt. Ben Brown responded to an anonymous tip from a citizen that a subject was selling stolen golf clubs at the flea market located in the field at 1400 North White Chapel Blvd. During his contact with this individual, who was using the alias name of"T. Cullen Davis,"several discrepancies regarding his identity and the legitimacy of his vehicle registration became apparent. Communicators Tryon and Morgan were assisting Sgt. Brown with the investigation using the computer and other resources available to them in the communications office. After a great deal of research and diligence on their part, it was discovered that the subject was actually Daniel W. Zamber, Jr., a professional fraud and confidence man with criminal histories in at least four states. After confirming warrants from the Texas Department of Criminal Justice and the Virginia Department of Corrections, Mr. Zamber was placed under arrest for at least two felony parole violation warrants. Detective Lease and officers with the Auto Theft Task Force are currently looking into the ownership of Mr. Zamber's automobile, which was also apparently obtained by fraudulent means. Mr. Zamber was booked into our holding facility and transported to the Tarrant County Sheriff's Office. Without the cooperation and extra effort put forth by these communications specialists, Sgt. Brown would not have discovered Mr. Zamber's true identity, and he would still be at large. Mr. Zamber told me himself that he has been stopped and identified by the police several times in several states, and that he was never found out due to the legitimate appearance of his credentials. Sgt. Brown recognizes the performance of Communicator Theresa Tryon and Communicator Dena Morgan as being significantly in compliance with or exceeding current departmental standards, and wanted to document this for your review by way of memorandum. I am available if you have any questions or comments regarding this issue. ACKNOWLEDGEMENT: As the issuing supervisor,-I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files, and that a duplicate copy has been forwarded to th employee. y Issut g Supervisor Dat Q SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY �`— EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance, which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE Dena Morgan ID#: 339 DIV: Fire EFFECTIVE ISSUANCE DATE OF COMMENDATION: June 8, 1999 NARRATIVE SUMMARY: At approximately 1000 hours today, Sgt. Ben Brown responded to an anonymous tip from a citizen that a subject was selling stolen golf clubs at the flea market located in the field at 1400 North White Chapel Blvd. During his contact with this individual, who was using the alias name of"T. Cullen Davis,"several discrepancies regarding his identity and the legitimacy of his vehicle registration became apparent. Communicators Tryon and Morgan were assisting Sgt. Brown with the investigation using the computer and other resources available to them in the communications office. After a great deal of research and diligence on their part, it was discovered that the subject was actually Daniel W. Zamber, Jr., a professional fraud and confidence man with criminal histories in at least four states. After confirming warrants from the Texas Department of Criminal Justice and the Virginia Department of Corrections, Mr. Zamber was placed under arrest for at least two felony parole violation warrants. Detective Lease and officers with the Auto Theft Task Force are currently looking into the ownership of Mr. Zamber's automobile, which was also apparently obtained by fraudulent means. Mr. Zamber was booked into our holding facility and transported to the Tarrant County Sheriff's Office. Without the cooperation and extra effort put forth by these communications specialists, Sgt. Brown would not have discovered Mr. Zamber's true identity, and he would still be at large. Mr. Zamber told me himself that he has been stopped and identified by the police several times in several states,and that he was never found out due to the legitimate appearance of his credentials. Sgt. Brown recognizes the performance of Communicator Theresa Tryon and Communicator Dena Morgan as being significantly in compliance with or exceeding current departmental standards, and wanted to document this for your review by way of memorandum. I am available if you have any questions or comments regarding this issue. ACKNOWLEDGEMENT: As the issuing supervisor, f acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files, and that a duplicate copy has been forwarded to the employee. Iss g Supervisor D �/J bit- cCO- ��UAW VUEX��- 0 t H�tYhCityManager's Re ort siiir k4w.l July 16, 1999 Upcoming Meetings i City Council Meeting July 20, 1999 July 20, 1999 City Council The following items will be addressed at the lulu 20 Regular City Council Meeting. 7:00 p.m. Council Chambers Consent Agenda: A) Approval of minutes of the Regular City Council Meeting held July 6. 1999,and the Special City Council;Meeting held June 22, 1999. July 22, 1999 B) Professional service agreement for construction plans for reconstruction Planning & Zoning Comm. of S. Pearson Ln.and Union Church Rd. C) Interlocal agreement with the City of Keller for reconstruction of 7:00 p.m. Council Chambers Pearson Ln.and Union Church Rd. D) Award bid for purchase of road-marking machine. July 26, 1999 E) Appointment of Shan Allsbrooks to position of Fire Reserve. F) Sixty-month lease agreement for a color copier. Chamber Luncheon G) Agreement for School Resource Officers and DARE Officers between 11:30 p.m. Marriott Solana the City and CISD. H) Authorization to prepare specifications and advertise for bids for water system improvements. Parks Development Corp. h Agreement with TsDOT for construction enhancements on SH 114. 6:00 p.m. Council Chambers 1) Residential developer agreement for G1enWyck Farms in Westlake. K) Interlocal Agreement with Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant. July 27, 199 L) ZA 99-047,Plat revision for 215 White Chapel Ct. SPIN#9W C City Council/CISD M) Award bid for excavation for Town Hall. N) Award bid for foundation and concrete for Town Hall. ?.m. Council Chambers Ordinances,second readings,public hearings and related items: July 28, 1999 A) Ord.No.480-314,Rezoning of 1581 Randoii Mill Ave.from agricultural to residential estate. SPIN#12 Library Board B) Ord.No.480-315,Rezoning of 1581 Randoll Mill Ave. from 7:00 p.m. Council Chambers agricultural to single family residential. SPIN#12 C) ZA 99-040,Plat showing of 1581 Randoll Mill Ave. SPIN#12 D) Ord.No.480-313,Rezoning and Concept Plan for Sabre Group July 29, 1999 Campus on southeast corner of the intersection of SH 114 and Kirkwood it.A$ SPIN Executive Committee I Dr. from residential planned unit development and non-residential �PIN 7:00 p.m. Administrative Building planned unit development to non-residential planned unit development vA and office district. SPIN#2 E) Res.No.99-58,Modify terms and conditions of agrmts.of City, Maguire Partners,and The Sabre Group.Inc.to establish and provide for tax abatement. F) Ord.No.750,Abandonment of utility easement and temporary Planning 8� Zoning Meeting construction on T.W. King Rd. July 22, 1999 Ordinances,first readings and related items: The following items will be addressed at the July 22 P do ZMeeting. NO ITEMS ON THIS AGENDA Regular Agenda Resolutions: Ord.No.480-GG,Revisions to the Comprehensive Zoning Ord. A) Res.No.99-57,Amending fee schedule to include court usage fees for No.480,regarding regulations on lighting and glare. - Tennis Center. ZA 99-036,Rezoning and Site Plan for a proposed office building Other items for consideration: on Miron Dr.,from business service park,to office uses. #8 A) Approval of general operating and scheduling policies for Tennis ZA 99-030,Rezoning and Site Plan for the Children's Courtyard, Center. from residential planned unit development,to local retail B) Change Order#1 for construction of pump station on T.W. King Rd. o cmmercial uses. #9E C) Residential developer agreement for Harrell Pl. 023,Revised Concept Plan for the shops of Southlake. #8 Other items for discussion: -053,Development Plan for Kirkwood Hollow,Phase II. #2 A) Outdoor Lighting Regulations. ZA 99-054,Preliminary Plat for Kirkwood Hollow,Phase II. #2 ZA 99-055,Development Plan for Kirkwood Hollow Phase II1. #2 Supplement to the Regular Agenda: ZA 99-059,Site Plan for Carroll ISD,Addition No.3. #3 10-D) Consider a management agreement for the Tennis Center. August 1999 Monthly Planner • i 1 12 I3 14 15 16 17 11:30 AM CC 7:00 PM Citv 7:00 PM Crime 7:30 AM Southl- Briefing Council Control Meeti- ; ake Exe Forum 7:00 PM KSB Meeting ng @ CC Meeting Com Ctr i 8 � 9 ; 10 111 --�1� --- --'13----- 14----- 7:00 PM Park BUDGET 12:00 PM 8:00 AM Chamber Board Mtg Cd WORK Mayor's Cmte Bd 1 :1 i PM Sr Adv CC SESSION Mtg @ Sr Ctr 1Cmte i ; 1:15 PM Sr Adv 5:00 PM Youth 6:30 PM Teen Ct. I! Cmte Pk Bd @ Com 1 Banquet TC Ctr Country Club I 7:00 PM Drug i 6:30 PNI SPIN 1 &Alcohol Cmte 1 Standing:7:30 ! 1 u�CC Joint w/CC 7:00 PM Jt?C(u, Admm i i 1 15 16 17 118 ; i9 120 1- _ 11:30 AM CC 7:00 PM Citv_ 7:30 AM Metro- 1 Briefing Council port�rl,g u Meetine Coileyvilie i Corn C*r II 'I I 22 ' 23 24 25 ! 26 ! 27 28 11:30 AM Cha- BUDGET 7:00 PM SYAC 1 jl mber Luncheon WORK Meeting ra it 6:00 PM SPDC SESSION Com Ctr Meeting @ CC 7:00 PM Library j Board Meeting !a CC i 29 30 31 1 SPECIAL CITY COUN- CIL MTG- 1ST PH ON FY99-00 BUDGET• 1ST READINGS i I � Meetings subject to change. Please call for more information prior to attending. t City of Southlake, Texas f Recent Submittals for July 22, 1999 DRC Meeting RESUBMITTALS DRC Resubmittals 99-064 FINAL PLAT Gateway Plaza Addition Location: On the northwest corner of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709). Current Zoning: "SP-2" Generalized Site Plan District with limited "C-3" General Commercial District uses Applicant: Wyndham Properties, Ltd. Owners: Lincoln Southlake, Ltd., Dr. J. Michael Tate, Wynham Properties, Ltd. NEW CASES 99-068 REZONING Lot 1, J.W. Hale No. 803 Addition Location: On the north side of Rainbow Drive, approximately 200' east of Morningside Drive Current Zoning: "SF-20A" Single Family Residential District Requested Zoning: "RE" Residential Estate Applicant: Simmons Properties, Inc. Owner: John Wetteland 99-069 PLAT SHOWING Lot 1, J.W. Hale No. 803 Addition Location: On the north side of Rainbow Drive, approximately 200' east of Morningside Drive Current Zoning: "SF-20A" Single Family Residential District Requested Zoning: "RE" Residential Estate Applicant: Simmons Properties, Inc. Owner: John Wetteland 99-070 PLAT REVISION Lots 5R and 6R, A.A. Freeman No. 522 Addition Location: On the west side of Southridge Lakes Parkway, approximately 150' south of Bowie Court Current Zoning: "AG" Agricultural Applicant: Area Surveying Owner: Dan Light City of Southlake, Texas 99-071 SITE PLAN Lot 1, Block 6, Versailles, Phase III Location: On the east side of South Carroll Avenue extending to Merlot Drive Current Zoning: "SF-20A" Single Family Residential District Owner/Applicant: Dickerson Development, Inc. 99-072 REVISED SITE PLAN The Courtyard at Timarron, Phase I Location: On the southeast corner of the intersection of South White Chapel Boulevard and East Continental Boulevard Current Zoning: "S-P-l" Detailed Site Plan District with "O-1" Office District uses Applicant: Realty Capital Corporation Owner: Chapel Monticello Partners,Ltd. (NOTE: There is not an 11 x 17 drawing of the Revised Site Plan included.) 99-073 PLAT REVISION Lot 6R, Aubrey Estates Location: On the east side of South White Chapel Boulevard, approximately 400' south of East Southlake Boulevard(F.M. 1709) Current Zoning: "SF-IA" Single Family Residential District Applicant: Kenny Anderson Construction Owner: Todd Tracy RAYMOND L. GOODSON JR.,INC. CONSULTING ENGINEERS July 9, 1999 Ms. Lisa Sudbury City of Southlake-Planning Department 1721 E. Southlake Blvd., Suite 100 Southlake, Texas 76092 Re: Gateway Plaza Addition Final Plat ZA99-064 RLG File No.: 98354 Dear Ms. Sudbury: Attached are 12 folded copies and a 11" x 17" reduction of the Final Plats for Gateway Plaza Addition. We have revised the Final Plat per the City review comments dated 7/2/99 with the following exceptions and clarifications: Item 2.a. - Per conversations with Ms.Angela Turner of Public Work, no additional right-of-way is required for decelerations lanes on FM 1709. Item 2.b - The property is adjacent FM 1709 and SH 114. Each roadway has variable width right-of-way and a center line which is not defined. Per directed by Mr. Ed McCoy of the Planning Department, we have indicated the perpendicular dimension along FM 1709 from the easterly and westerly property corners to the southerly right-of- way line. Due to the width and variability of the right-of-way for SH 114, dimensions can not be determined. Item 4.b - The common access easement(CAE) along the westerly property line is indicated on the Final Plat as approved on the site plan. Additional CAE's for access interior to the property are not desired to be dedicated by plat. The owner is preparing a Reciprocal Easement Agreement (REA) for common access within the property. The REA will be submitted to the City of Southlake for review prior to recording the Final Plat. Item 5.a - The property has been acquired through multiple transactions and deeds. A list of the deeds are being compiled and will be added to the plat prior to recording. JOHN F.STULL P.E. DAVIO M.GooDSON,P.E. ROBERTG.WOOD,R.P.L.S. P R ,4 121999 President Executive Vice President Executive Vice President Vice President STUARTA.MARKUSSEN,P.E.,R.P.L.S. MICHAELG.POWELL,P.E. Associate Associate 5445 LA SIERRA SUITE 300, LB 17 DALLAS, TEXAS 75231-4138 214/739-8100 FAY 91d/7StQ-ar9;d f Ms. Lisa Sudbur y City of Southlake - Planning Department July 9, 1999 Page Two Item 8.a - Per conversations with Ms. Angela Turner of Public Works, minimum finish floor elevations are only needed on Lot 1, Block 1; Lot 3, Block 2 and Lot 4, Block 2. Minimum finish floor elevations have been added for these lots. Following your review, if you have any questions, please let me know. Sincerely, tuart A. Markussen, P.E. Associate cc: Mr. Terry Wilkinson -Wyndham Property, Ltd. Mr. Todd McCoy- Lincoln Property Co. REC'D J U L 121999 r GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended June 30, 1999 with comparative actual amounts for the period ended June 30, 1998 (fiscal month 9-75.00%) Adopted Percent Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected. RFVFN i S 1998/9 Rudg Fxpcnded 6/30/98 9/30/98 E=ended Ad Valorem Taxes $11,543 $5,840,424 $6,463,540 90.4% $3,770,168 $3,970,964 94.9% Sales Tax 257,679 1,984,375 3,026,050 65.6% 1,623,364 2,521,965 64.4% Franchise Fees 59,263 906,099 984,112 92.1% 821,855 883,871 93.0% Fines 66,042 518,328 875,798 59.2% 486,013 630,645 77.1% Charges for Services 50,751 398,841 685,006 58.2% 412,791 590,950 69.9% Permits/Fees 215,368 1,682.974 2,742,788 61.4% 2,119,763 2,733,934 77.5% Miscellaneous 144,793 586,052 145,659 402.3% 11,711 278,573 4.2% Interest Income 43,488 166.996 190,000 87.9% 130-094 178-867 72.7 a Total Revenues $848,927 $12,084,079 $15.112,953 80.0% $9,375,759 $11,789,769 79.5% EXPENDITURES S City Secretary $22,558 $184,404 $301,173 61.2% $159,629 $226,793 70.4% City Manager 47,465 354,225 351,003 100.9% 241,016 338,110 0.0% Support Services 134.336 1,088.229 2,516 534 43.1% L047 278 1,498,707 69.9% General Government Total 204.359 1,626,858 3,178,710 51.2% 1-4.47.923 2,063.610 70.2% Human Resources 31.256 166,910 209 600 79.6% 153-041 231923 65.4% Human Resources Total 31,256 166,910 209.600 79.6% 153,041 233,923 65.4% Finance 43,323 346,530 454,166 76.37c 296,029 399,334 74.1% Municipal Court 30,088 221,079 304,770 72.5% 188,994 267,311 70.7% Municipal Court-Teen Court 7.218 66.445 92.633 71.7% 39.752 59 586 66.7% Finance Total 80,629 634,054 851.569 74.5% 524,775 726,231 72.3% Fire 192,729 1,246,056 1,857,825 67.1% 1,195,113 1,784,478 67.0% Police 288,450 2,215,916 3,418,246 64.8% 1,963,771 2,822,719 69.6% Public Safety Support 135,994 804,509 1,056,436 76.2% 691,303 1,004,557 68.8% Building 67 235 494 122 692 896 71.3% 381-905 567SL51 67.3% Public Safety Total 684,408 4,760,604 7,025T403 67.8% 4-232,092 6,178,805 68.5% Streets/Drainage 82,682 497,300 939,167 53.0% 549,518 820,722 67.0% Public Works Administration 87.575 565 539 803.729 70.4% 45� 783.368 70.1% Public Works Total 170,257 1,062,839 1,742.896 61.0% 1,098,861 1,604,090 68.5% Community Development 50,839 377,045 531,480 70.9% 338,488 489,319 69.2% Economic Development 17-918 89 964 144_932 62.1% 72-044 116.773 61.7% Community Development Total 68,756 467,009 676,312 69.1% 410.532 606,092 67.7% Community Services 29,213 258,562 416,831 62.0% 241,651 342,198 70.6% Parks and Recreation 195,003 876,389 1,454,991 60.2% 769,006 1,154,334 66.6% Library Services 10,25 51,W2 5 '62 48, 33.2% Q Q 0.0% Community Services Total 234,642 1,188-87.5 2.034.302 58.4% 1,010,657 1,496,E 67.5% Total Expenditures 51,474,306 $9,907.150 $15,718,792 63.0% $8,877,881 $12,909,283 68.8% Excess(deficiency)of Revenue over Expenditures ($625,379) $2,176,929 ($605,839) $497,878 ($1,119,514) OTHER FINANCING SOURCES AND(USES) Proceeds from lease/CO(net) $0 $707,903 $694,300 $715,547 $718,433 Transfer In-Other Funds 65,461 589,145 1,235,527 528,697 715,869 Transfer To-Other Funds (108.750) (1 155 942) Q (53-869) Total Other Sources/(Uses) $53,377 $1,188,298 $773,885 $1,244,244 $1,380,433 Excess(deficiency)of Revenues/other sources over Exp. $3 365 227 $168-046 Sl-742.122 S260-919 FUND BALANCE OCT 1 $2,858,521 $2,858,521 $2,597,602 Change in reserved fund balance $0 $0 $0 ENDING FUND BALANCE $6.223,748 $3 026 567 $2 858.521 fund balance percentage 19.3% 22.1% y WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended June 30, 1999 and June 30, 1998 (fiscal month 9-75.00%) Adopted Percent Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected/ REVENUES 1998/99 Budget 6/30/98 9/30/98 Expcnded Water Sales-residential $556,571 $3,936,377 $5,220,000 75.4% $3,394,873 $6,053,9819 56.155, Water Sales-commercial 68,075 603,899 805,500 75.0% 567,234 846,277 67.0-9o' Sewer Sales 111,411 945,223 975,000 96.9% 730,377 1,037,099 70.4% Sanitation Sales 59,696 547,499 636,000 86.1% 469,619 635,055 73.9% Other utility charges 43,574 308,112 443,315 69.5% 308,864 409,582 75.4% Miscellaneous 2,627 13,422 83,400 16.1% 42,885 167,494 25.6% Interest Income ?0,708 94.949 100,000 94.9% 56-092 89 325 62.8% Total Revenues $862,662 $6,449,481 $8,263,215 78.1% $5,569,944 $9,238,821 60.3% EXPENSES Water $373,227 $2,099,460 $4,504,340 46.6% $2,117,738 $4,965,046 42.7% Utility Billing 38,159 194,303 303,421 64.0% - - 0.0% Sewer 47,889 485,930 747,246 65.0% 535,442 932,115 57.4% Sanitation 45,729 358,961 560,000 64.1% 325,160 496,147 65.5% Debt Service- Revenue Bonds 86,138 1-547,702 2,111.141 73.0% 1 26 1,443,566 65.0% Total Expenses $591,142 $4,686,356 $8,236,148 56.9% $4,241,866 $8,336,874 50.9% Excess(deficiency)of Revenue over Expenses S271-520 $L763.125 527-067 $1328.078 S9901~947 OTHER FINANCING _SOURCES AND(L1.SES) Transfer In-Other Funds $0 $0 $0 $625,608 $834,145 Transfer Out-Other Funds ( 85 9"1451 (785 527) (524-997) (700,000) Total Other Sources/(Uses) ($65,461) ($589,145) ($785,527) $100,611 $134,145 Excess(deficiency)of Revenues and other sources over Expenses $206-059 $1 173.980 ($758 460) $1,428.689 $1.036.092 CITY OF SOUTHLAKE 1% SALES TAX REPORT 1998-99 collected budget balance budget to date balance percent $3,021,050 $2,233,108 $787,942 26.08% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 96-97 -Dec 97-98 -Dec 98-99 -Dec October $161,892 25.8% $237,164 46.5% $310,767 31.0% November 135,367 21.0% 193,664 43.1% 206,887 6.8% December 115,084 10.7% 163,871 42.4% 188,493 15.0% January 198,873 41.7% 266,437 34.0% 313,831 17.8% February 125,671 31.9% 168,914 34.4% 199,573 18.2% March 104,733 1.5% 160,147 52.9% 194,635 21.5% April 182,384 33.1% 215,299 18.0% 311,919 44.9% May 152,577 39.5% 217,760 42.7% 257,679 18.3% June 171,813 53.0% 200,233 16.5% 249,323 24.5% ly 223,854 24.5% 274,072 22.4% - n/a August 184,851 39.7% 224,126 21.2% n/a September 173,917 42.0% 200,169 15.1% - n/a TOTAL $1,931,017 30.8% $2,521,857 30.6% $2,233,108 22.5% Actual Budget Actual Estimated (budget-est.) % Month 1997-98 1998-99 1998-99 1998-99 Difference Change October $ 237,164 $ 284,122 $ 310,767 $ 310,767 $ 26,645 9.38% November 193,664 232,009 206,887 206,887 (25,122) -10.83% December 163,871 196,317 188,493 188,493 (7,824) -3.99% January 266,437 319,192 313,831 313,831 (5,361) -1.68% February 168,914 202,359 199,573 199,573 (2,786) -1.38% March 160,147 191,856 194,635 194,635 2,779 1.45% April 215,299 257,928 311,919 311,919 53,990 20.93% May 217,760 260,876 257,679 257,679 (3,197) -1.23% June 200,233 239,879 249,323 249,323 9,444 3.94% July 274,072 328,338 - 328,338 - 0.00% August 224,126 268,503 - 268,503 - 0.00% September 200,169 239,669 - 239,669 - 0.00% $ 2,521,856 $ 3,021,050 $ 2,233,108 $ 3,069,619 $ 48,568 1.61% 19.79% 21.72% 7/16/99 SIM99.xls w City of Southlake, Texas MEMORANDUM July 16, 1999 To: Billy Campbell, City Manager From: Charlie Thomas, Deputy Director of Engineering Services I Subject: Authorize the Mayor to execute a professional service agreement with Teague, Nall & Perkins Consulting Engineers for construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road Action Requested: Authorize the Mayor to execute a professional services agreement with Teague, Nall and Perkins Consulting Engineers for the preparation of construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road i and a 12-inch water line along Union Church Road. Background Information: Funding for the reconstruction of South Pearson Lane and Union Church Road was included in the 1997-1998. 1998-1999 and 1999-2000 Capital improvements Program budgets for a total of $534,311. Teague, Nall and Perkins has submitted a proposal for the preparation of construction plans and specifications for the reconstruction of South Pearson Lane from West Southlake Boulevard (F.M. 1709) to Union Church Road and Union Church Road from South Pearson Lane to Davis Boulevard and the i installation of a 12-inch water line along Union Church Road. The services include the engineering design, surveying, right-of- way deed preparation, geotechnical testing and engineering, and stormwater pollution prevention plan. The reconstruction plan includes a 22-foot wide roadway interim section with roadway ditches and left turn lane at Davis Boulevard and FM 1709 with four concrete box culverts crossing under Union Church Road and a new 12-inch water line. The engineer's preliminary estimate of probable cost is $1,283,000. Teague, Nall and Perkins proposal calls for an engineering fee of $115,600. 5B-1 r Financial Considerations: This professional services contract fee is $115,600. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Professional Services Agreement Map Exhibit Staff Recommendation: Place the professional services agreement with Teague, Nall and Perkins on the July 20, 1999 City Council agenda for Council to review and approve. Charlie J. Thomas Deputy Director of Engineering Services Approved for Submittal to City Council: AZ Cit anager's Office 5B-2 ■'7::: _ pug� NOR ..ate �■■��,. �" �' IN OMEN ■ 1 V � - m�■ . .I1 IN 1 City of Southlake, Texas MEMORANDUM July 16, 1999 I i To: Billy Campbell, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: Authorize the Mayor to enter into an interlocal agreement with the City of Keller for reconstruction of Union Church Road and Pearson Lane Action Requested: Authorize the Mayor to execute an interlocal agreement with the City of Keller for the reconstruction of Union Church Road from South Pearson Lane to Davis Boulevard and South Pearson Lar_P from Union Church Road to West Southlake Boulevard (F.M. 1709) and North Pearson Lane from West Southlake Boulevard i (F.M. 1709) to Florence Road. The engineering design for North Pearson Lane is not being done with South Pearson Lane i and Union Church Road. Background Information: Funding for the reconstruction of Union Church Road and Pearson Lane was included in the 1997-1998, 1998-1999, and 1999-2000 Capital Improvements Program budget. Southlake City staff, working with the City of Keller City staff, have prepared an interlocal agreement that provides for the City of Keller to participate in the cost of the reconstruction of these streets even though the streets are wholly within the City of Southlake. The interlocal agreement calls for the City of Keller to pay half of the cost of the reconstruction of the roadways for the interim section. Keller would pay for all improvements to driveways to the City of Keller residents and Southlake will pay for driveways to City of Southlake residents and all engineering costs, drainage improvements, and any water or sanitary sewer improvements that the City of Southlake adds to the projects. This same interlocal agreement is on the City of Keller City Council agenda on July 20, 1999 for consideration and approval. 5C-1 (*owl It should be noted that the City of Keller is only interested in participating in the construction of the interim section and not the intersection improvements. It is anticipated that the left turn lane on South Pearson Road at West Southlake Boulevard (FM 1709) and on Union Church Road at Davis Boulevard will be constructed in the project to reconstruct South Pearson Lane and Union Church Road. The decision has not been made at this time to include the intersection improvements on North Pearson Lane in the same project that the interim section is constructed. Financial Considerations: The preliminary engineering cost estimate of the interim section for the three sections of roadway is $1,283,000. Citizen Input/ Board Review: None. Legal Review: The interlocal agreement was reviewed and approved by the City Attorney. Alternatives: Council may approve, modify, or deny the agreement. If the interlocal agreement is not approved, the City of Southlake might be faced with 100% of the cost of this reconstruction. Supporting Documents: Interlocal Agreement Map Exhibit Staff Recommendation: Place the interlocal agreement on the July 20, 1999 City Council agenda for Council to review and approve. Charlie J. Thomas Deputy Director of Engineering Services Approved for Submittal to City Council: A4 ity anager's Office 5C-2 I • �� ■� ■MEli _ 1 _ mw ma Mum- A " MWRM Eggs 1 V � -7 A �1 • I . �1 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manage.- FROM: Bob Whitehead, Director of Public Works SUBJECT: Award bid to Centerline Supply, Inc. for the purchase of a road-marking machine i Action Requested: Staff requests the City Council to award the bid for the purchase of a j road-marking machine to Centerline Supply, Inc. in the amount of $29,995. Background Information: Currently the Public Works Department has two options for having the roads in Southlake restriped: 1.) pay an outside contractor or 2.) ask the Tarrant County to restripe the roads. Neither option affords the i opportunity- for timely response to citizens' requests of striping the city's roads, especially when one considers the minimum wait for the County's i assistance is one year. I If the city's streets can not be marked in a timely manner, safety concerns could be created. For this reason the Public Works Department budgeted to purchase a road-marking machine in FY98-99. City Council I authorized staff to bid this machine at the June 1,1999 City Council meeting. Financial Considerations: Two bids were received, with Centerline submitting the lower bid of $29,995 (the other bid was from Traintex, Inc. in the amount of$34,750). The Centerline bid is .$995 over the budgeted amount; however, there are adequate funds in the Street and Drainage Division Budget to cover the additional amount. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Approve or Deny Supporting Documents: None. Staff 5D-1 Recommendation: Staff recommends Council award the bid to Centerline Supply, Inc. for the purchase of a road-marking machine in the amount of$29,995. Approved for Submittal to City Council: i anager's Office 5D-2 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Deputy Director of Fire Services SUBJECT: Appointment of Shan Allsbrooks to the position of Fire Reserve for the Southlake Department of Public Safety, Fire Services Division. Action Requested: Appointment of Shan Allsbrooks to the position of Fire Reserve for the Southlake Department of Public Safety, Fire Services Division. Background Information: The Southlake Department of Public Safety encourages and invites residents to participate in a variety of programs. The Fire Reserve program is authorized by City Ordinance No. 554 and falls under the direction of the Chief of Fire Services. Fire Reserves must complete thirty-two hours of service in the community each month to remain active. Reserves are assigned to a shift, perform daily duties, and respond to fire and EMS emergencies. Shan Allsbrooks has made application and has successfully completed the entrance exam and pre-employment testing. Mr. Allsbrooks has completed the Fire Academy and Emergency Medical Technician school and he is continuing his education at Tarrant County Junior College with the goal of achieving a paramedic license. Mr. Allsbrooks' primary goal is to become a career Firefighter. Financial Considerations: Reserve Firefighters donate their time and skills for the citizens' benefit in lieu of pay. Uniforms and insurance costs for Reserves are the same as other employees of the City and are provided to all Reserves. Citizen Input/ Board Review: No citizen input has been received. Mr. Allsbrooks passed the Hiring Board review process and was recommended for appointment, subject to City Council approval. Legal Review: None Alternatives: Not applicable Supporting Documents: None SE-1 Billy Campbell July 16, 1999 Page 2 Staff Recommendation: Place the appointment of Shan Allsbrooks to the position of Fire Reserve for the Southlake Department of Public Safety, Fire Services Division, on the July 20, 1999 City Council meeting agenda for approval. GW/bls Approved for Submittal to City Council: 0'Y' nager's Office 5E-2 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety SUBJECT: Authorize the Mayor to enter into a 60-month lease agreement between Lanier Worldwide, Inc. and the City of Southlake for a color copier. Action Requested: City Council approval of a lease for a Lanier 5606-E copier. Background Information: Fire Services budgeted for the purchase of a color copier/printer ($5000.00) in the current fiscal year. The Department of Public Safety currently utilizes a box map system to expedite emergency response delivery to the citizens of Southlake. The rapid growth of the city creates the necessity to update these maps annually at a cost of over $9,000.00. The box maps are also used for mutual aid when other cities respond to emergencies in Southlake. The city does not have the capability to produce multiple color copies without using commercial printers and the Lanier 5706-E copier will provide an economical alternative to commercial color printing. In addition, the copier interfaces with the citywide network, thereby allowing all authorized users to print color or black and white images from any workstation in the city. Financial Considerations: The proposed 60-month lease consists of$531.76 monthly, including service, plus .02 for each black and white copy and .0538 paid for each full color copy. At the end of the 60-month term, the city will own the unit. Allocation of funds each year is necessary to continue the lease for the next five years. The copier lease will cost $ 31509.60 over the five-year lease period. The copier may be purchased outright for $ 20,685.00, however, the maintenance of 0.53 cents per copy remains the same. Purchasing the copier will save the interest cost, but over the life of the machine the cost are approximately the same, The most significant factor of the lease program is we may return the copier without penalty if council decides not to fund the cost; or the company fails keep the copier operating efficiently. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: City Attorney Debra Drayovitch has reviewed and approved the lease. Alternatives: Continue utilizing commercial local printing companies. 5F-1 e Billy Campbell July 16, 1999 Page 2 Supporting Documents: Lease Agreement between Lanier Worldwide, Inc. and the City of Southlake. Staff Recommendation: Place the lease agreement for a 5706-E copier on the July 20, 1999 City Council consent agenda for approval. Approved for Submittal to City Council: Cit anager's Office 5F-2 Lanier Worldwide, Inc . 1ANiER Municipal Lease/Purchase Agreement JI'- A LANIER WORLDWIDE, INC. EQUIPMENT LEASE/PURCHASE AGREEMENT Lease Number: (A) Lessee: -1 a (B) Lessor. Lanier Worldwide, Inc. (t� 2300 Parklake Drive, NE Atlanta, Georgia 3034S (C) Description of Equipment Leased (REFER TO - SCHEDULE A) (D) Equipment Location (REFER TO - SCHEDULE A) (E) Schedule of Rental Payments and Rental Payment Period (REFER TO - SCHEDULE B) Maximum Lease Term: �z '`�� " ` �� Number of Pmts: G10 Pmt. Freq: r;1,Q� �� Number of Adv. Pmts: j! Pint. Amount: S {{17,7 d,- 2 Terms and Conditions - Read Carefully Before Signing 1. Entire Agreement. This Agreement, which includes the pro,.isioas above and on the reverse side hereof and any other schedule made a part hereof by the parties, constitutes the entire agreement between Lessor and Lessee. 2. Lease and Security Interest. Lessor agrees to leases to Lessee and Lessee agrees to lease from Lessor the items of equipment (the 'Equipment') as described in the Description of Equipment Leased above and in any other schedule made a part hereof by the parties for a lease term (the Lease Term) comprised of an original term (Original Term) extending to the end of the current fiscal year of Lessee, and all renewal terms (Renev-al Terms), each having a duration of one year coterminous with Lessee's fiscal year. This Agreement may be continued, solely at the option of Lessee, at the end of the Original Term up to the Maximum Lease Term. At the end of the Original Term and at the end of each Renewal Term until the Maximum Lease Term has been reacbed, Lessee shall be deemed to have exercised its option to continue this Agreement for the next Renewal Term unless Lessee shall have terminated this Agreement pursuant to Section 18 or Section 19. In order to secure all of its obligations hereunder, Lessee hereby: (a) grants to Lessor a first and prior security interest in any and all right, title, and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (b) agrees that this Agreement or any copy hereof may be filed as a financing statement evidencing such security interest; and (c) agrees to execute and deliver all financing statements, certificates of title or other instruments necessary or appropriate to evidence such security interest. 3. No Warranties by Lessor. Lessee agrees that Lessor, as a result of being a party to this Agreement, makes no express or implied warranties as to any matter whatsoever, including, without limitation, the design or condition of the equipment, its merchantability or fitness for any particular purpose, its quality, capacity or workmanship, patent infringements or latent defects, or its compliance with the requirements of any law, regulation, specification or contract relating thereto. Lessee shall enforce all warranties, agreements and representations, if any, as to the equipment against supplier (as identified in Schedule A attached hereto). Lessee agrees that neither Lessor nor any salesman or agent of Lessor is an agent of Lessor. No salesman or agent of Lessor is authorized to waive or alter any term or condition of this warranty and no representation as to the equipment or any other -F-4 matter by supplier, shall relieve Lessee of the obligation to pay or any other obligation under this Agreement. 4. Warranties of Lessee. Lessee warrants to Lessor and any assignees of Lessor as follows: (a) Lessee is an agency or department of a state or a political subdivision of a state duly existing under the constitution and laws of the State or Commonwealth in which Lessee is located with full authority to enter this Agreement and perform all of its obligations hereunder and possesses a substantial amount of one or more of the following sovereign powers: (i) the power to tax; (6) the power of eminent domain; or (iii) the police power; (b) Lessee has duly authorized the execution and delivery of this Agreement by proper action by its governing body at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval, all requirements have been met in order to ensure the validity and enforceability of this Agreement and the Agreement is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms; (c) no event that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as herein defined) exists at the date hereof; (d) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds to make the Rental Payments scheduled to come due for the current fiscal year and to meet its other obligations for the Original Lease Term, and such funds have not been expended for other purposes; (e) Lessee will cause to be done all things necessary to keep in full force and effect is existence; (f) during the lease term the Equipment will be used by Lessee only for the purpose of performing essential governmental functions of Lessee consistent with the permissible scope of Lessee's authority; (g) the use of the Equipment is essential to its proper, efficient and economic operation; (h) the useful life of the Equipment is as great or greater than the lease term; (i) Lessee will comply with all applicable provisions of the Internal revenue Code of 1986, as amended, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department in order to maintain the exclusion of the interest components of Rental Payments from Lessor's gross income for purposes of federal income taxation; () Lessee has not created, and does not expect to create, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments; (k) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment; p) Lessee hereby designates this Agreement as a 'qualified tax-exempt obligation' as defined in Section 265(b) (3) (B) of the Internal Revenue Code of 1986 and the aggregate face amount of all tar-exempt obligations issued or to be issued by Lessee and all subordinate entities thereof during the Original Term is not reasonably expected to exceed 510,000,000.00, By signing below, legal counsel to Lessee hereby gives an opinion confirming the matters set forth in (a) (b) and (k) of this Section 4. 5. Rental Payments to be Unconditional. EXCEPT AS PROVIDED IN SECTION 18 ('i iONAPPROPRIATION), THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFOR.N1 THE OTHER COVENANTS CONTAINED HEREIN ARE ABSOLUTE AND UNCONDITIONAL. IN ALL EVENTS without abatement, diminution, deduction, set-off or defense, for any reason, including, without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances. Lessee shall promptly pay Rental Payments in U.S. Dollars to Lessor on the date and in such amounts as described in the Schedule of Rental Payments. Lessee shall pay a charge on any Rental Payment not paid on the date due at the rate of 18% per annum or the maximum amount permitted by law, whichever is less, from such date. Part of each Rental Payment represents interest as set forth on the Rental Payment Schedule attached hereto. Rental Payments have been calculated based upon current tax law and Internal Revenue Service (the 'IRS') revenue procedures. If in the opinion of Lessor's counsel, Lessor is (i) no longer entitled to deduct for federal income tax purposes the portion of its interest expense attributable to its holding, of this Lease, and/or (ii) no longer entitled to exclude the interest portion of the Rental Payments from its gross income for federal income Lax purposes due to an amendment to, or replacement of, the Internal Revenue Code of 1986, as amended (the "Code'), Lessor, at Lessor's option, will either recalculate the Rental Payments for the retraining term of this Lease or extend the original term of this Lease, as permitted by law, to protect the Lessor's originally anticipated after-tax yield. Such recalculations shall be on the basis that the interest portion of the Rental Payments is subject to income tax at the highest marginal corporate tar rate. The Lessor will prepare and furnish to the Lessee a revised Schedule of RenLil Payment. 6. Equipment Delivery. Lessee has requested Equipment of the type and quantity specified herein and has selected the Supplier named herein. Lessor shall have no liability to Lessee, to Supplier or to any other person for transportation, delivery or installation of the Equipment or for failure by Supplier to fill the purchase order or meet the conditions thereof. Lessee hereby authorizes Lessor to add to this ALreernent the serial number or nther de4-intinn of each item of Eauipment so delivered. Upon acceptance of the Ecuiptnent by Lessee, title to 5F-5 the Equipment shall vest in Lessee subject to Lessor's rights uouer Lail n�,rcc a°�`, r �.•�`� ender -'— thereafter on written notice from Lessor immediately vest in Lessor, and Lessee shall immediately surr possession of the Equipment to Lessor upon (a) any termination of this Agreement other than termination pursuant to Section 19, or (b) the occurrence of an Event of Default as defined below, The Equipment is and will remain personal property and will not be deemed affixed to or a part of the real estate on which it may be situated, notwithstanding that all or any part thereof may be or become in any manner physically attached to such real estate or any building thereon. Upon request of Lessor, Lessee will, at Lessees expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee will, at Lessee's own expense, maintain, preserve and keep the Equipment in good repair and working order. 7. Location. The Equipment shall be delivered to and shall not be removed from the Equipment Location specified in (D) above, without Lessor's prior written consent. 8. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all le- :es, liens and encumbrances except those created by this Agreement. Lessee agrees that the Equipment will only be used for a governmental purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. Lessee shall pay, when due, all charges and tares (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. Lessee shall pay when due all utility and other charges incurred in the use and maintenance of the Equipment. 9. Assignment; Waiver of Defenses. Lessor's interest in this Agreement and the Equipment may be assigned and reassigned in whole or in part to one or more assignees or subassignees, provided that any assignment shall not be effective until Lesser has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. At Lessor's option, such notices may be received by and the register maintained by Lessor or other service company as agent for Lessee. All rights of Lessor hereunder may be succeeded to by any assignee hereof and said assignee's title to this Agreement, to the payments as set forth in the Agreement, and in and to the Equipment shall be free from all defenses, set-offs or counterclaims of any kind or character which Lessee may be entitled to assert against Lessor, it being understood and agreed that any assignee of Lessor does not assume any obligations of Lessor unless such obligations are specifically assumed in writing by the assignee. Lessee agrees to execute all documents that may be reasonably requested by Lessor or any assignee to protect Lessor's or the assignee's interest in the Equipment and in this Agreement. Lessee shall not have the right to assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor. Lessee may not, without Lessor's prior written consent, by operation of law or otherwise, assign, transfer, ledge, hypothecate or otherwise dispose of the Equipment or any interest of Lessor or Lessee in this Agreement and, in any event, may not do so if the exclusion of the interest components of Rental Payments from Lessors or any assignees 's gross income for federal income tax purposes may be adversely affected thereby. 10. Indemnity. To the extent permitted by law, Lessee hereby indemnifies Lessor and Lessor's agents, employees, successors, affiliates and assigns against and holds them harmless from all claims, actions, suits, proceedings, fees arising out of costs, expenses, damages and liabilities, including attorneys' or connected with (a) the Equipment, including without limitation, its manufacture, selection, delivery, possession, use, fitness, operation, return, or latent or other defects, whether or not discoverable or arising out of any failure by Lessee, (b) the entering of this Agreement, or (c) the breach of any covenant herein or any material misrepresentation herein. These indemnities shall continue in effect notwithstanding any termination of this Agreement. Lessee is an independent contractor and is not an agent or subcontractor of Lessor. Nothing contained in this Agreement shall authorize Lessee of any other person to operate or use the Equipment so as to incur any obligation on behalf of Lessor or impose any liability on Lessor. 11. Loss and Damage. Lessee shall bear the entire risk of loss, theft, destruction or damage of the Equipment or any part thereof from any cause whatsoever. No loss, theft. destruction or damage of any kind to any item of the Equipment shall relieve Lessee of the obligations to make Renal Payments or to perform any obligation under this Agreement. In the event of loss, theft, destruction or damage of any kind to any item of the Equipment, Lessee, at the option of Lessor shall: (a) place the same in first-class condition and repaid; or (b) replace the same with equipment of like kind and value in first{lass condition and repair. Lessee will promptly notify Lessor in reasonable detail of any lien asserted against the Equipment, of any damage to or material 5F-G change in the Equipment, and of the occurrence of any other event which has had or may have a material effect on the value of the Equipment or Lessor's interest therein. 12. Insurance. Lessee shall, during the term of this Lease, purchase and maintain insurance, or with Lessor's prior written consent, may self-insure, covering the Equipment against casualty occurrences, property damage and personal liability with a company and in amounts acceptable to Lessor. If Lessee fails to provide such insurance coverage in accordance with the provisions of this Section 12, Lessor may (but shall not be obligated to) insure the Equipment at the expense of Lessee. Any insurance policy issued pursuant to this Section 12 shall name Lessor and Lessee as joint payees as their respective interests may appear. All liability policies shall name Lessee and Lessor as co-insureds and the proceeds of such policies shall be applied first to Lessor to the extent of its liability, if any, and the balance to Lessee. Each insurance policy shall provide that Lessor shall be notified of any proposed cancellation of such policy thirty (30) days prior to the date set for cancellation. Thirty (30) days prior to termination of any insurance policy, Lessee shall deliver to Lessor a certificate evidencing renewal of such insurance or a certificate evidencing issuance of another policy satisfying the terms of this Section 12. In the event of any loss, damage, injury or accident involving the Equipment, Lessee shall promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. Lessee hereby appoints Lessor as Lessee's attorney-in-fact to make claim for, receive payment of and execute or endorse all documents, checks or drafts for loss or damage or return premiums under any insurance policy issued on or relating to the Equipment and hereby assigns to Lessor all of its right, title and interest in such policies and proceeds thereof. 13. Waivers. No delay and/or failure by Lessor to exercise any right, power or remedy upon any default by Lessee shall impair any such right, power or remedy of Lessor or shall be construed as a waiver of any such default, or of any similar default thereafter occurring nor shall any waiver or a single default be deemed a waiver of any subsequent default. All waivers under this Agreement must be in writing, and shall be effec:ive only to the extent specifically set forth herein or therein. 14. Advances. All advances by Lessor to preserve, maintain or repair the Equipment or to pay insurance premiums thereon or to discharge any taxes, liens or encumbrances thereon or any other obligation of Lessee hereunder shall be added to the unpaid balance and be repayable by Lessee to Lessor together with interest thereon at the rate of 18% per annum or the maximum amount permitted by law, whichever is less, until paid. 15. Default. The following shall constitute an event of default under this Agreement and the terms 'event of default' and 'default' herein shall include: (a) failure by Lessee to pay any payment hereunder at the time specified herein; (b) Lessee fails to perform any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (c) the discovery by Lessor that any statement, representation or warranty made by Lessee in this Agreement or any writing or other statement ever made by Lessee pursuant hereto or in connection herewith is false, misleading, or erroneous in any material respect; (d) Lessee shall be unable, fail or admit in writing its inability generally to pay its debts as they become due; or (e) Lessee becomes insolvent or admits in writing its inability to pay its debts as they mature or applies for, consents to, or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or in the absence or such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding, is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. 16. Remedies. Upon any default, Lessor shall have the right, at its sole option without any further notice, to do one or more of the following: (a) Lessor may declare immediately due and payable all Rental Payments and other amounts payable by Lessee to the end of the then current Original Term, or Renewal Term; (b) with or without terminating this Agreement, Lessor may enter the premises where the Equipment is located and retake Possession of the Equipment or require Lessee at Lessee's expense to promptly return any or all of the Equipment to Lessor at such place within the United States as Lessor shall specify, and sell, lease, or for the account of Lessee, sublease the Equipment, continuing to hold Lessee liable for the Rental Payments and other amounts payable by Lessee hereunder to the date of such sale. Icase, or sublease; and (c) Lessor may take whatever action at law or in equity may appear desirable to enforce its rights as the owner, lessor, assignor or secured party of the Equipment. The proceeds of any sale, lease or sublease of the Equipment pursuant to this Section 16 shall be applied in the following order: (i) to the payment of expenses relating to such sale, lease or sublease including, without limitation, costs of repair or replacement of Equipment, expenses related to enforcement of this ,4creement includinc attornevs' fees and other reasonable ecnenres re!a:cd hereto as SF provided for herein; (ii) to the payment of all amounts due hereunder including, without limitation, Rental Payments and an amount equal to the purchase price set forth on Schedule B for the Rental Payment Date preceding such sale, lease or sublease; and (iii) the balance, if any, to Lessee. Every remedy herein shall be cumulative and in addition to every other remedy existing at law or in equity. No delay or failure to exercise any right occurring upon any default shall impair or be construed to be a waiver of such right. To entitle Lessor to exercise any remedy, it shall not be necessary to give any notice other than any required in this section or otherwise by law. In the event this Agreement is construed as a note and security agreement, Lessor's recovery of rent and other charges hereunder shall in no event exceed the maximum amount permitted by law. 17. UCC Filings. Any reproduction of this Agreement may be filed as a financing statement and shall be sufficient as a financing statement under the Uniform Commercial Code. Lessee shall execute or obtain and deliver to Lessor, upon Lessor's request, such instruments, financing statements, continuation statements, and assurances, including, without limitation, waivers of interest of owners or mortgagees of real estate upon which the Equipment is located, as Lessor deems necessary or advisable for the confirmation, protection or perfection of this Agreement and Lessor's rights hereunder and will pay all costs incident thereto. Lessor may file or record a financing statement with respect to this Agreement. 18. Rental Payments to Constitute a Current Expense; Nonappropriation. a. The Lessee reasonably believes that funds can be obtained sufficient to make all Rental Payments through the Maximum Term of this Agreement and hereby covenants that the Lessee's staff shall properly request funds from Lessee's governing body from which Rental Payments may be made, including making provision for such payments to the extent necessary in each budget submitted to its governing body for consideration; provided, however, that nothing in this Agreement shall be construed to create an indebtedness or commitment of funds other than current revenues of the Lessee. It is the intent of the Lessee to make Rental Payments through the Maximum Term if funds are legally available therefor and in that regard the Lessee represents that the use of the Equipment is essential to its proper, efficient governmental purpose. b. If sufficient funds are not appropriated by Lessee's governing body during the Original Term or during any Renewal Term, and other funds, if any, are not legally available for payment of the Rental Payments and other arnounts due hereunder during the succeeding Renewal Term, this Agreement shall terminate and be canceled upon the expiration of the Original Term or the then current Renewal Term. Upon such termination of this Agreement, the Lessee shall immediately surrender possession of the Equipment, or, at Lessor's opinion, return the Equipment to Lessor, at Lessee's expense, in the same condition as when delivered to the Lessee, reasonable wear and tear excepted, to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee shall notify Lessor of the occurrence of an event of nonappropriation pursuant to this Section 18, if the Lessee has not delivered possession of the Equipment to the Lessor in this Agreement pursuant to this Section 18, if the Lessee has not delivered possession of the Equipment to the Lessor in accordance with the provisions of this Section 18, the termination of this Agreement shall nevertheless be effective, but the Lessee shall be responsible, to the extent of legally available funds, for the payment of damages in the amount equal to the amount of Rental Payments which would thereafter have come due if this Agreement had not been terminated which are attributable to the period during which the Lessee fails to deliver possession of the Equipment to the Lessor. 19. Purchase Option. Lessee shall have the option to purchase Lessor's interest in the Equipment, upon giving written notice to Lessor at least sixty (60) days before the date of purchase (a) on the last day of the Original Term or any Renewal Term then in effect, upon payment in full of all Rental Payments then due and all other amounts due hereunder plus the then applicable purchase price as set forth on Schedule B plus S1.00 to Lessor; or (b) in the vent of substantial damage to or destruction or condemnation of substantially all of the Equipment, on the day Lessee specifies as the purchase date in Lessee's notice to Lessor of its exercise of the purchase Option, upon payment to Lessor in full of the Rental Payments then due here under and a pro rate portion (based on the number of days elapsed) of the interest component of the next Rental Payment becoming due plus the then applicable purchase price as set forth on Schedule B. 20. Notices. Any notices hereunder shall be certified mail to the address herein set forth, or to such other addresses as each party may substitute by notice to the other. Notice shall be effective as to Lessor upon its receipt by Lessor and as to Lessee when deposited in the U.S. Mail. 21. Miscellaneous. Time is of the essence of this Agreement. This Agreement may not be changed except by a written agreement signed by the party sought to be charged. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Lessee shall reimburse Lessor for all Lessor's expenses of SF-S retaking, holding, preparing for sale, selling or otherwise disposing of the Equipment, including attorneys' fees in the amount of fifteen percent (15%) of the amounts due under Section 16 hereof(but not to exceed the amount of attorneys' fees actually incurred) if collection is by or through an attorney. The descriptive headings hereof do not constitute a part of this Agreement and no inferences shall be drawn therefrom. Whenever the word Lessor is used herein, it shall include all assignees of Lessor. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. This Agreement shall be governed by and construed in accord:,nce with the substantive laws of the State of Georgia. This Agreement may be simultaneously executed by several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The terms 'hereby,' 'hereof,' 'hereto,' 'herein,' 'hereunder,' and any similar terms, as used in this Agreement, shall refer to this Agreement and the attached exhibits. Any provision hereof which from the context thereof should continue in effect after termination of the Agreement shall survive any termination of the Agreement. THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR (F) Accepted by Lessor on this 11-1 �( day of vie 19-H. Agreed to by Lessee this day of 19 Lessor: LANIER WORLDWIDE, I C. Lessee: By: '�'% s By: Printed Name: !l�e�il-itK'� /l't l CIf On J —J� Printed Name: Title: C +J<<✓r- k,-eo,&z?D Title: SF-9 LANIER WORLDWIDE, INC. CC'NFT)[tI F A _ POT 1IPMFNT SC'i-iFD1 TI F Thi Scaed e A is ade a part of the Equipment Lease/purchase Agreement between Lanier Worldwide, Inc. and Lessee. Quantity )l Description (Model and Serial Number) ti \o Equipment Location: 5F-10 LANIER WORLDWIDE, INC. SCHEDULE B - LEASE PAYMENT SCHEDULE This Schedule B is made a part of the Equipment Lease/Purchase Agreement between Lanier Worldwide, Inc. and Lessee. Lease Payment Lease Concluding Date Payment Principal Interest Pavment 5F-11 1 I, the undersigned, do hereby certify that the ofrw*r of Lessee wrbo e=ecawd tie for Agresnet as babWat L mee and whose genuine signature appears thereon, is the duly qualified acdn of&W of Lease a attaui ►oom& his or her signature and has been authorized to execute this Atreement on behalf of Lease_ k is my opiaim tit tie matters set forth in (a), (b) and (k) of Section 4 of this Agreement are true, correct and view Wmftm W& Dated: By: Printed Name: Title: (Ii) Lessee's Certificate of Acceptance of Equipment and Commencement of Lease I acknowledge that on the date below Lessee received delivery of all Equipment described above. The Equipment is satisfactory in all respects. The lease term shall commence on the delivery date indicated below. Date of Delivery: By: Printed Name: Title: SF-l2 UVrGIIIIIIGII�u1 r�vllu ♦JJ u...Jr �...uJ�.-/r u..... .....-�.......... `..,-.,.,,-, 0118 No 1j4j-0;.70 ,Re- Mar 9921 ► Under Internal Revenue Code section 149(e) ► For calendar year ending 19 ..... �oenrnent p1:n•'.•uury (Use Form 8038-G If the laaue price of the Issue Is S100,000 or more.) R!porting Authority Check box if Amended Return ► _ 1 Issuer -a.me 2 Issuers employer Identlffcatlon numoar 3 Number anC street tor P O. box if mad is not dewered to street at/.Yess) Roorn/sulte 4 City. town,state,anC LP code Descri tion of Obligations 5 issue prce of small tax-exempt govemmental obligations reported on this form. , . . . . 5 6 Check the box ;hat most nearly approximates the weighted average maturity of the obligation(s): a ❑ Less !Man 5 years b ❑ From 5 to 10 years c ❑ More than 10 years 7 Check the box that most nearly approximates the weighted average interest rate on the obligation(s): a ❑ Less than 5% b ❑ From 5% to 10% c ❑ More than 10% 8 Total issue price of the obligation(s) reported on line 5 that is/are: a Obligat;on(s) issued in the form of a lease or installment sale . . . . . . . . . sa b Obligation(s) designated by the issuer under section 265(b)(3)(B)@x ll) , . . . . . . 8b c Obligation(s) issued to refund prior issues . . . . . . . . . . . . . . . . . . 8a d Loans made from the proceeds of another tax-exempt obligation . , . . . . . . . . 8d 9 Check box if issuer has elected to pay a penalty in lieu of rebate .❑ Under penariies of perjury,I declare that I have examwed tr"return and accompanying scheciuies and statements.and to the Dest of my knowfeoge Please and belief,tney are true,correct,and cornptete. Sign j Here / s.gnature of orker Date ' Type or print name and title General Instructions You can write to both the Internal Revenue Flllrtg a separate retum.—Issuers have the Service, Attention: Reports Clearance Officer, option to file a separate Form 8038-GC for (Section references are to the Internal/ T:FP,Washington, DC 20224; and the Office any tax-exempt governmental obligation with Revenue Code unless otherwise noted.) of Management and Budget,Paperwork an issue price of less than S100,000. Paperwork Reduction Act Notice Reduction erect (1545-0720), Washington, However, an issuer of a tax-exempt bond p DC 20503. DO NOT send the form to either used to finance construction expenditures We ask for the information on this form to of these offices. Instead, see Where To File must file a separate Form 8038-GC for each carry out the !ntemal Revenue laws of the on page 2 issue to give notice to the IRS that an United States You are required to give us the election was made to pay a penalty in lieu of information we need it to ensure that you are Purpose of Form arbitrage rebate (see line 9 instructions). complying with these laws. Form 8038-GC is used by issuers of Filing a consolidated retum.—For all The time needed tc complete and file this tax-exempt governmental obligations to tax-exempt governmental obligations with form vanes Cecending on individual provide the IRS with the information required issue prices of less than $100.000 that are circumstances The estimated average time by section 14y(e)and to monitor the not reported on a separate Form 8C38-GC, is: requirements of sections 141 through 150. an issuer must file a consolidated information return including all such issues issued within Learning about the Who Must File the calendar year. law or the form 1 Mr, 40 min. ' Issuers of tax-exempt governmental Thus, an issuer may file a separate Form Preparing the form 2 hr- 44 min. obligations with issue prices of less than 8038-GC for eac.'1 of a number of small Copying, assembling, and $100,000 must rile Form 8038-GC. issues and report the remainder of small sending the form to the IRS 16 min. Issuers of a tax-exempt governmental issues issued during the calendar year on If you nave comments concerning the one, consolidated Form 8038-GC. but a Y r more Lion with an issue price of or anon or separate Form 8038-GC must be filed to give accuracy of -ese time estimates or more must file Form 8038-G, Information suggestions 'or naking t'vs form more Return for Tax-Exempt Governmental the IRS notice of the election to Gay a penalty D hear from in lieu of arbitrage rebate. �^ fe. we wouiC be rabpy :o you. Obligations. Cat 40 6,110813 Form 8038-GC rpev 5-93, 7 r2w93 page 749.937 SF-l3 Fo,m 8038-G Information Return for Tax-Exempt Governmental Obligations (Rev May 1993) Under Internal Revenue Code section 149(e) OMB No. 1545-0720 lcarn++rant of the Troawry ► See separate Instructions. 'W a.venue serv,ce (Use Form 8038-GC if the issue price is under$100,000.) Re orting Authority If Amended Return, check here to, ❑1 ssuer's name 2 Issuer's employer identification number 3 Number and street(or P.O. box if mail is not delivered to street address) Roorn/suite 4 Report number 5 C,ty, town, state, and ZIP code G19 - 6 Date of issue 7 'Name of issue 8 CUSIP Number El T e of Issue check applicable box es and entor the issue rice Issue price 9 Education (attach schedule-see instructions) . . . . . . . . . . . $ 10 ❑ Health and hospital (attach schedule-see instructions). . , , , 11 ❑ Transportation . . . . , . . ' ' ' ' . . 12 ❑ Public safety. . . . . . . . . . . . . . . . . . . . . ' ' ' ' ' . 13 ❑ Environment (including sewage bonds) . . . 14 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . 15 ❑ Utilities . , . . . . . . . . . . . . . . . ' ' ' ' ' 16 ❑ Other. Describe (see Instructions) ► 17 If obligations are tax or other revenue anticipation bonds, check box ► ❑ 18 ;f obligations are in the form of a lease or installment sale, check box ► ❑ Description of Obli ations Amm Maturity date Interest rate Issue)rice Stated (re�derrtption Weig ted (t) (interest p price at mat average maturity Yield Nettcos 'Q Final maturity. % Entire issue ears Uses of Ori final Proceeds of Bond Issue Vincluding underwriters' discount 21 Proceeds used for accrued interest . . . . . , _ 21 22 issue price of entire issue (enter amount from line 20, column (c)) . , 22 23 °,cceeds used for bond issuance costs (including underwriters' discount) 23 24 Proceeds used for credit enhancement . . 24 25 Proceeds allocated to reasonably required reserve or replacement fund 25 26 Proceeds used to refund prior issues . . , 26 27 Total (add lines 23 through 26) . . . . . . . . . . . . . . 27 28 Nonrefunding proceeds of the issue subtract line 27 from line 22 and enter amount here). 28 Description of Refunded Bonds (complete this part only for refunding bonds) 29 Enter the remaining weighted average maturity of the bonds to be refunded , ► years 30 Enter the last date on which the refunded bonds will be called . . . , ► 31 Enter the dates the refunded bonds were issued ► Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue . , . , , ► 33 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(8)(i)(III) (small issuer exception) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ► b If this issue is a loan made from the proceeds of another tax-exempt issu5, check box No, ❑ and enter the name of the Issuer ► _ and the date of th i issue ► 35 If 'he issuer has elected to pay a penalty in lieu of rebate check box , ► ❑ i Under penalties of perjury. I declare that I have examined this return and i accompanY n9 schedules and statements, and to the best of my knowledge and belief,they are true.correct, and complete. I 'ase 1 ,-.-re Sgnature of officer Date Type or pnnt name and 5tle Fo- Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat. No.63773S Form fill (Rz" 5-93) 5F-14 -28,193 page 749,936C .. UAH(Ar buari Frm_ s LANIER ORDER AGREEMENT 2 812 813 OFFICE NUMBER ^ OFFICE NAME ^ DELIVERING OFFICE �� SPS 711 D C MBER �� l NUMBER DATE TYPE P�JRCHA$E$E URITY LEAS ES RENTAL D ERI SPSNS NAME AND NUMBEF� SALE ❑ AGREEMENT ❑ AGREEMENT ❑ AGREEMENT ❑ AGREEMENT U y� fie.. ❑ SUPPLY SALE ❑ GMA 1 ("1 ` SHIP TO AGREEMENT CONSISTS OF THIS PAGE AND THE GENERAL TERMS AND CONDITIONS ATTA"HED AND THE PAGE OF SPECIFIC TERMS AND CONDITIONS CHECKED ABOVE BILL TO NAME NAM O MESS ADDRESS 1 ADDRESS ADDRESS &16 11 7 `J I I l 4� CTY 5T ZIP coU�hTV 1 CITY ST ZIP o z 71n /^ HIP O PHONE Y LIC or SIC CLASS CODE CONTACT PHONE PRESCREEN Y E E SIO R PHONE FAX Y SERVICE INFORMATION BILLING INFORMATION ZONE BEG DATE NO OF MONTHS S V.L TI ✓J BILLING INDICATOR P.O.NO. y 0 f `� 0 NAT.CONT. BMA SPEC HANDLING CODE S YI E VEL MTR CARD F LIMIT EXPIRE ARREARS JT �A �` ^�� N BILL TO LOC SHIP TO LOC FREE COPIES h PER COPY C RGE CHECK IF DRUM NAT.CONTRACT NO. BILL START DATE RATE FACTOR PER IV Q ,�" Epp c- ,Q'L INCLUDED TYPE PRODI.D. ESCRIPTION DROP SHIP SERIAL NO. MTR RDG QTY UNIT PRICE EXT.AMOUNT SVC PRICE Z Z I ' �— 2~J n o} I � L t V J INSTALLATION/FREIGHT CHARGES 202-9435 ADMINISTRATIVE FILING FEE MESSAG 1 SALES SERVICE SUB TOTAL .00 SUB TOTAL SUB TO AL STATE TAX COUNTY TAX CITY TAX TOTAL AMOUNT LESS PAYMENT AMOUNT DUE PURCHASE SECURITY AGREEMENT LEASE OR RENTAL AGREEMENT RELEASE BY/DATE CASH PRICE NO.OF PAYMENTS DOWN PAYMENT PAYMENT AMOUNT BILLING MASTER NO. CASH PRICE BALANCE PLUS TAX BMS ORDER NO. NO.OF PAYMENTS TOTAL PAYMENT AMOUNT PAYMENT AMOUNT I PAYMENT FREQUENCY STATUS PAYMENT FREQUENCY CONTRACT TERM CONTRACT TERM 1 ST PAYMENT DUE APPROVAL CODE 1 ST PAYMENT DUE PURCHASE OPTION v REVISION NO. 'Customer hereby grarws to Lary a purchase rt—ey s rr y mteresl m am to the egulprenl I,steo above to secure the payment of the purchase pace A copy of this Oroer Agreement may be hW to peAect trus interest La r r-y cornplete tNs Agreement by filling in the renal rw(rnbom of the eguprnml' GENERAL MAINTENANCE AGREEMENT/ON-LINE CONTRACT CUSTOMER ACKNOWLEDGES BY INITIALING BELOW THAT THE GMAAfM115 LINE CONTRACT HAS BEEN FULLY EXPLAINED AND OFFERED. INIT LS CUSTOMER ACKNOWLEDGES PER COPY CHARGE OF IN EXCESS OF_� PER INITCS=7) ACCEPTED: Lanier Worldwide, Inc. TOME N E( SI E S ENTIT 2300 PARKLAKE DRIVE.NE t BY CORP TITLE ATLANTA,GA 30345-2979 BY. CUSTOMER SIGNATURE(INDIVIDUAL) V=INDIVIDUALLY TITLE X X DATE ACCEPTED DATE SIGNED: 19 19 Lanier Worldwide,Inc. W1000-9470 (6/94) HOME OFFICE CUSTOMER COPY 5F-15 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety SUBJECT: Authorize the Mayor to enter into an agreement for School Resource Officers and DARE Officers between the City of Southlake and the Carroll Independent School District. Action Requested: Authorize the Mayor to enter into an agreement with the Carroll Independent School District for joint funding of six Department of Public Safety positions. Background Information: School Resource Officers and DARE Officers participate in school activities providing a positive influence and leadership role to the citizens of Southlake, CISD faculty, and students. They maximize the opportunity of being a Police Officer without the negativism perceived with enforcement action. When confronted with eminent danger, however they are ready to act. Other violations observed by School Resource Officers and DARE Officers will generate a call to the appropriate division or person in the city that should address the issue. In addition, school premises are monitored for a variety of issues including fire lane violations, fire extinguisher inspections, and handicap parking violations. The City of Southlake and Carroll Independent School District have participated over the past several years with the joint funding of School Resource Officers and DARE Officers. Support was also available at times from the Department of Health and Texas Commission on Alcohol and Drug Abuse (TCADA). Grant applications usually spelled out the funding portions. Most of those agreements have now expired and Crime Control District funding of two School Resource Officers is scheduled to cease after the FY00/OI Budget. We felt it was appropriate at this juncture to formalize the shared funding strategy of these positions by use of an agreement between the parties. Financial Considerations: Salaries of six (6) personnel are reviewed and the costs associated with the personnel are agreed to by each party (City and CISD) and contractually split. Generally, DARE officers salaries are split 50/50 between the parties and SRO personnel are split 75/25 (CISD 75%/ City 25%). Any portions of salaries not completely covered by grants from outside sources are split equally between the parties. SG-1 Billy Campbell July 16, 1999 Page 2 Citizen Input/ Board Review: No citizen input has been received. The Carroll Independent School District has reviewed and approved the agreement. Additionally, the agreement must be reviewed annually and renewed by the parties via a letter of agreement. Legal Review: This agreement was reviewed and approved by City Attorney Debra Drayovitch. Alternatives: If the agreement is not approved, these positions' salaries would not be offset by the return of revenue from CISD, causing a decrease in General Fund Revenue. All other alternative grant funding mechanisms have been explored to no avail. Supporting Documents: Letter to Dr. Ted Gillum, CISD. Agreement for School Resource Officers and DARE Officers. Staff N..., Recommendation: Place the Agreement for School Resource Officers and DARE Officers between the City of Southlake and the Carroll Independent School District on the July 20, 1999 City Council meeting agenda for approval. GW/bls Approved for Submittal to City Council: Al- .eiiy anager's Office SG-2 Cityof Southlake April 8, 1999 4 • Dr. Ted Gillum Mayor. Carroll I.S.D. Rick Stacy 1201 N. Carroll Mayor Pro Tem: Southlake, Texas 76092 W.Ralph Evans Deputy Mayor Pro Tem: Dear Dr. Gillum: Scott F.Martin Councilmembers: The City of Southlake has participated jointly with C.I.S.D. over the past several years Wayne Moffat with the joint funding of our School Resource Officers and DARE Officers. Ronnie Kendall We were able to also support these endeavors with p Debra Edmondson PP grants from the Texas Department Gary Fawks of Health and Texas Commission on Alcohol and Drug Abuse. In those days, we were usually contractually bound together in a funding sense by the dually submitted grant City Manager: applications. Generally, we were only discussing one School Resource Officer and Curtis E.Hawk one DARE Officer. Most of those agreements have now expired and we can't find Assistant city Manager: anything that contractually defines our relationship as it pertains to today's shared Shana K.Yelverton officers. oecretary: ra L.LeGrand I realize that we have had not only your support, but the district's and the community's support in these joint funding efforts. It is now appropriate to capture our past practices and future arrangements in a written agreement. The attached draft agreement concerning salaries and benefits of SRO and DARE Officers can be summarized as follows: POSITION C.I.S.D. City of Southlake SRO—Carroll High School 75% 25% SRO—Middle School 0%* 0%* Junior High 0%* 0%* SRO—Middle School 75%** 25%** Junior High 75%** 25%** DARE—Carroll Intermediate 50% 50% Durham 50% 50% DARE—Grant Funded 50%# 50%# Decreases 20% each year * = Until September 30, 2000 ** = After October 1, 2000 # = After October 1, 2002 667 N. Carroll Ave. • Southlake, Texas 76092 !R17; 461-5581 • Fax (8171 491-0036 'AN FOI 041 OPPORTIINITY FMPLOYFR" 5G-3 DARE/SRO Agreement April 8, 1999 Page 2 Before this agreement is submitted to City Council for approval, we wanted you to have an opportunity for review and comment. I would be glad to meet with you after you have had a chance to review this draft and hear any comments or concerns you might have. The City looks forward to continuing a partnership that has served the citizens in a prudent and fiscally responsible manner. Sincerely yours, ary Greg AVO� Deputy Director of Police Services GG/bls Attachment cc: Billy Campbell, Director of Public Safety Shana Yelverton, Assistant City Manager SG-4 State of Texas § �'...- County of Tarrant § Agreement for School Resource Officers and DARE Officers Between the City of Southlake and the Carroll Independent School District This Agreement is made by and between the Carroll Independent School District, 1201 N. Carroll Ave., herein called "District", and the City of Southlake, 667 N. Carroll Ave., herein called "City", for the purpose of establishing and maintaining the terms under which City shall provide District with three (3) School Resource officers (SRO) and three (3) DARE (Drug Abuse and Resistance Education) officers and the compensation which shall be paid by District therefor. District and City agree that: 1. This Agreement is made pursuant to Chapter 791 of the Texas Government Code; and 2. This Agreement is for a public purpose and is necessary in the conduct of public schools. WITNESSETH For and in consideration of the mutual undertakings herein set forth, District and City agree as follows: 1. City agrees to assign one police officer to serve as School Resource Officer (SRO) at Carroll High School, one police officer to serve as School Resource Officer at Carroll Middle School, and one police officer to serve as a School Resource Officer 1 5G-5 for the Carroll Junior High School. Prior to the completion of the Junior High School, the officer assigned to the Junior High will assist at either the High School or Middle School, dependant on enrollment and need, as determined by the parties. 2. City also agrees to assign one police officer to serve as Drug Abuse and Resistance Education (DARE) officer to Durham Intermediate School to teach core DARE curriculum and visitation of feeder schools to Durham. City further agrees to assign one police officer to serve as Drug Abuse and Resistance Education (DARE) officer to Carroll Intermediate School to teach core DARE curriculum and visitation of feeder schools to Carroll Intermediate School. City also agrees that a third police officer will be assigned to serve as a DARE officer to assist in instruction of the core DARE curriculum and perform kindergarten through fourth grade visitation and age appropriate instruction throughout the District. 3. School Resource Officers and DARE officers shall be assigned by and responsible to the Southlake Department of Public Safety but shall work under the direct supervision of the school principal or his designee, who shall be notified of all custodial arrests or detentions. At least two School District faculty members will participate in the selection of every SRO and DARE officer, prior to final assignment. 4. If the principal is not satisfied with the performance of the officer assigned to his/her school, the principal may request in writing the transfer of the officer, specifying the reason for such a request. The Deputy Director, Police Services after consultation with the Director of Public Safety will then make every effort to replace the officer. 2 SG-6 5. City shall provide law enforcement training and certification, a police vehicle, and other police equipment including communication equipment necessary to allow officers to communicate with the police department and other officers. District shall provide any radio equipment necessary to allow the officer to communicate with school staff if desired by District. 6. The primary function of the SRO shall be to guard and protect the safety of students and faculty and provide campus security. Specifically, the SRO shall assist in limiting access to the school grounds to authorized persons only, provide police protection of school property, personnel and students, investigate criminal acts on school grounds and serve as liaison between the school, police department, juvenile officials, probation officials, courts and other agencies of the juvenile justice system. The SRO shall, as time permits, be available as a resource person to teach, lead a discussion, or offer information on topics on which the officer has special competence due to law enforcement training. The SRO shall also attempt to identify and counter deviant behavior such as gang activity through information and other assistance to young people. The SRO will take a pro-active role to provide a high visibility crime deterrent on school property in order to effectively promote security and order in the schools. 7. The primary function of the DARE officer is to instruct the DARE (Drug Abuse Resistance Education) Curriculum. Specifically, the DARE officer will conduct Kindergarten through 4' grade visitations at the elementary school level. Officers will instruct the core curriculum at the intermediate school level. DARE officers make themselves available to instruct or assist in instruction on topics related to law, courts, bicycle safety, stranger danger or like related topics. DARE officers 3 5G-7 will be available to provide guidance to students, staff and parents. DARE officers will serve at the liaison between their schools and the Department of Public Safety. The officer will be a pro-active, highly visible influence to students and staff. The DARE officer will only engage in enforcement on campuses in emergency situations. 8. The SRO and DARE officers shall also provide guidance and direction for students, parents and staff when appropriate, work with school administration to resolve school-police issues and work with parents of troubled students in conjunction with the City's Community Resource Officer. 9. City shall assign officers to work from Monday through Friday from 8:00 a.m. to 4:30 p.m. with a thirty (30) minute lunch. Officers would not be assigned more than three evening or weekend assignments each week. Evening and or weekend i� assignments would average 2 1/2 hours per assignment. Average number of hours worked each week would be no more than 45 hours. Saturdays and Sundays would be normal days off unless otherwise directed by the principal. Officers observing school holidays in excess of City recognized holidays will utilize appropriate compensatory, vacation or other approved forms of leave, or advise their supervisors that they will report for work at the Department of Public Safety. 10. District agrees to pay City seventy-five (75) percent of the annual salary and benefits of the SRO assigned to the High School and fifty (50) percent of the two (2) DARE officers annual salaries and benefits assigned to Durham Intermediate and Carroll Intermediate Schools to partially reimburse City for the cost of such officers. Such payments shall be made in thirds on or before December 1, March 1, and June 1. The Carroll Middle School and Carroll Junior High SRO's will be 4 SG-3 funded through the Southlake Crime Control and Prevention District for three years ending September 30, 2000, subject to annual appropriations. The District agrees to pay City seventy-five (75) percent of the salary and benefits of the Carroll Middle School and Carroll Junior High SRO's per year beginning October 1, 2000. The District further agrees to reimburse City for 50% of the third current grant funded DARE officers salary and benefits not offset by the grant. Appendix I is attached to further illustrate anticipated grant funding and contributions by City and District. 11. The term of this Agreement shall be from October 31, 1998 through September 30, 1999. The payments under this Agreement shall be renegotiated annually and changes documented by letter of agreement on or before August 1 of each year hereafter. If such letter is executed, this Agreement shall automatically renewed for successive one-year terms, provided, however, that any payment for officers is subject to (1) the respective parties' annual budget appropriations for this purpose; and (2) either City or School District may cancel this Agreement by giving the other party thirty (30) days written notice of cancellation at the address listed in the Preamble hereof. If this Agreement is terminated prior to the end of the Agreement year, District shall be entitled to a pro-rata reimbursement of the unused funds paid by the District. 12.The principal of the school to which an officer is assigned and the City's Director of Public Safety or his designee are authorized to establish and modify rules and procedures concerning the SRO or DARE officers duties and schedule so long as they both agree on such changes in writing. 5 5G-9 AGREED TO: Carroll de efn of District By: Pre ident Boar oustees AGREED TO: City of Southlake By: Rick Stacy, Mayor ATTEST: Sandy LeGrand, City Secretary Secretary, Board of Trustees 6 SG-10 Appendix I FY 1998 - 1999 Position Location Percent of Contribution Grant SRO High School 75% CISD 25% City No SRO Junior High 0% CISD 100% Crime Yes SRO Middle School 0% CISD 100% Crime Yes DARE Durham 50% CISD 50% City No DARE Carroll Intermediate 50% CISD 50% City No DARE District wide 10% CISD 10% City Yes FY 1999-2000 Position Location Percent of Contribution Grant SRO High School 75% CISD 25% City No SRO Junior High 0% CISD 100% Crime Yes SRO Middle School 0% CISD 100% Crime Yes DARE Durham 50% CISD 50% City No DARE Carroll Intermediate 50% CISD 5001% City No DARE District wide 20% CISD 20% City Yes FY 2000 - 2001 Position Location Percent of Contribution Grant SRO High School 75% CISD 25% City No SRO Junior High 75% CISD 25% City No SRO Middle School 75% CISD 25% City No DARE Durham 50% CISD 50% City No DARE Carroll Intermediate 50% CISD 50% City No DARE District wide 30% CISD 30% City Yes 7 SG-11 FY 2001-2002 Position Location Percent of Contribution Grant SRO High School 75% CISD 25% City No SRO Junior High 75% CISD 25% City No SRO Middle School 75% CISD 25% City No DARE Durham 50% CISD 50% City No DARE Carroll Intermediate 50% CISD 50% City No DARE District wide 40% CISD 40% City Yes FY 2002-2003 Position Location Percent of Contribution Grant SRO High School 75% CISD 25% City No SRO Junior High 75% CISD 25% City No SRO Middle School 75% CISD 25% City No DARE Durham 50% CISD 50% City No DARE Carroll Intermediate 50% CISD 50% City No DARE District wide 50% CISD 50% City No 8 5G-12 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization for Cheatham and Associates to prepare specifications and advertise for bids for water system improvements (computer-operated valves for elevated storage tanks at Bicentennial Park and Dove Road) Action Requested: Authorize Cheatham and Associates to prepare specifications and advertise for bids for computer operated valves for the elevated storage tanks at Bicentennial Park and Dove Road. Background Information: The pump station located on T.W. King Road controls the water levels in the city's existing elevated water storage towers. When the second pump station (currently under construction) is completed this fall, valves will need to be added to the four water storage facilitites on the low pressure plane to coordinate the functions of both pump stations. These valves will be added to the T.W. King and Miron tanks during construction and need to be added to the towers located at Bicentennial Park and Dove Road before the second pump station becomes operational. Financial Considerations: The two computer operated valves are expected to cost approximately $75,000. There are adequate funds in the current water utility operations budget to handle this expenditure. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Install manually operated valves. Supporting Documents: Letter from Cheatham and Associates Map 5H-1 Billy Campbell Page Two July 8, 1999 Staff Recommendation: Place the item on the July 20, 1999 City Council Agenda for Council review and authorize Cheatham and Associates to prepare specifications and advertise for bids for the aforementioned water system improvements. VB/vb Approved for Submittal to City Council: A-11- /Ciqanager's Office 5H-2 CHEATHAM AND ASSOCIATES July 8, 1999 Mr. Robert Whitehead, P.E. Director of Maintenance and Operations City of Southlake 1950 E. Continental Southlake, Texas 76092 Dear Mr. Whitehead: As you are aware, the second water pumping station, located on T.W. King Road, is currently under construction. The station will be completed this fall. Prior to the completion of the station, additional improvements to the water system will be required. These improvements consist of adding computer operated valves to t x;o of tlhe �levated storage tanks, one at Bicentennial Park, and the second on North White Chapel at Dove Road. These valves will enable the City's computer system, which operates the pumps at the two pumping stations, to regulate the rate of flow into the elevated tanks. A similar valve is being installed at the Miron elevated tank as a part of the existing contract. These valves were not required when the City had only one pump station,and was pumping into two elevated tanks. However, when a second pump station begins operation, and a third tank is placed on the system, the rate of flow to the tanks will have to be regulated. There will be three pumping situations once Pump Station No. 2 becomes operational. These include: only Pump Station No. 1 pumping, only Pump Station No. 2 pumping, and a combination of Pump Stations No. 1 and No. 2 pumping. If the rate of flow to the elevated tanks is not regulated from one pumping situation to the other, an elevated tank could overflow prior to the other tanks being filled. The installation of the valves has been proposed for several years,however it has not been necessary to install the valves until now. The tank at Bicentennial Park has a mechanical type valve which has not worked properly for several years. The tank is currently being filled through a bypass line. Therefore, we hereby request approval to prepare the plans and specifications and advertise for bids for the installation of the valves. The estimated cost for valves at both tanks is $75,000.00. ENGINEERS • PL ANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. - Suite 200- Arlington, Texas 76011 817/548-0696 - Metro 265-8836 • Fax 817/265-8532 5H-3 Mr. Robert Whitehead July 8, 1999 City of Southlake Page Two Hopefully, this information will assist you in presenting this request to the City Council, if you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. F:\WORD\Itr.Whitehead.TW King.wpd 5H-4 �• Ili=•�!' II� .... .•�.QIIIIr� rat• % ��-� r��•I.r 1„11 � �,_ illr'�Illlilllf■ "11t I �t 1111111111 an = t■._;;::��II=` ,� i1�Icliimll�■I■IIII * uuuu■�i■■� � �� Imo`Ir►�1/I. -ter-. • �\�It/11 11--■• �1!..... p unilllllllll_I_I ■�� `� \ �i:: ■�Li'-:a.r.:r_• IS .!.11. -�r�►��i��•'�� ''``` ��,r/\Ili .11.E .�'aR■�' U- Ii• ��/%■ii J! ■ 1--IID- 1•�1FOR -J��'-�-� �IIIfI�Ifrl— . �11 �iii.11■a::■a111II 'f�' 1 I, nil�llllll►i�u ur ��i%/��tits I ,J` �ill��`� w IIIIIIIIIIP�■`I:r► ..nub �_� 1 ' = '� •■i IIII— �....o'•Nlnl. ,11 1•- ON no�U�♦/i �_� a111.0 . uu .■■■■■■t■., • ■u��n►1�1'■� .ri�l��. w11'/_�c•-- �u.� ■•5��wiiiiiuf►1 Fill 'p au ■1—■�\/��= I -.:. ' 1•'I ,1■1' ttw■■�uu■� ■7:::� : 1011� uuu /.• 1 -��•..• Ott\Q+/�■.u�.u�ly ' tti%1- •��_C�_� ■u:g:- II ItO■ ;;r^I••••Nil 0 \ ■�Ails ■ 111 � 1 ...... ''II'I�I��. : . � -L• '��' —1i_�lV�,IU�►ir "�� r �■�i, .._ lily ' . I. u- I�t�\�tl! m Illaw� 1 ■! ■\■.. :ml�'I'1111111111111s_ntu :.: = '�'' � �t 1. •�''.■■11 1� � .I. ■�, - 1�, — r----=� \��► --1�� 11 .., i�l.11%.■ IIII- -�-�,��: ....� . as0,■l� . �r L a= il- -�aa,_.��■Iw_ ■f-.� Il a,r. •� :'F'1 _ n' r■ -� `T 1 r .I a�.�.. s ��. .■■■1_'� ,,��C � ' •..rnnl7:, I/.a ��.■ ��, .n.uw ylu�� \•�a tt�l •U■\. �1�1 rl_ •=air li:�_: \ �� -�_' undid— ,\i�� •�• ilimp .,1 • h III •.. 1 t , . • Zia ■��r�.irF.�■. I:7 `.�•�,��.� �i t,� �) , .� _I ..• •. iinu.�- , 1 Jrtr,ll . n. . ....�:...� �. - .. I �I!11�111.�• .. Ir T 1 r l I 1 �/ �� - .Id ■■ '■�I�♦..�loluv�//_�3i.:: ...... :__II 1 u• �f. . I� ( III■ilti � �Ut�II ! T City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: S.H. 114 Construction Enhancements Agreement with TxDOT Action Requested: Authorize the Mayor to enter into an Advance Funding Agreement (AFA) with TxDOT to escrow estimated funds required for providing construction enhancements for the S.H. 114 reconstruction from Wall Street to west of Kimball. Background Information: In May, the City Council was briefed on the range of S.H. 114 construction enhancements that the State would consider as part of the highway reconstruction. At that time, proposed enhancements and rough estimates of costs were provided, and the City Council gave approval to proceed with these enhancement requests. I am very pleased to note that, in a letter dated June 29, 1999, TxDOT's design division has concurred with our requests (with the exception of the city logo in the wall panels as noted on page 2 of the letter) and forwarded the AFA mentioned above for the city's approval. Financial Considerations: TxDOT has estimated the city's portion of the estimated cost of the enhancements to be $211,516 for the Kimball Ave. project. This amount must be escrowed with TxDOT prior to the August bid letting for this project, which as of the date of this memo is estimated to be the second week of August. The permanent funding for the enhancements to this project (and subsequent interchanges) will be issued from the sale of bonds ($2.12 million in total) approved in the May bond election. Please note that similar agreements are being coordinated by TxDOT as noted in the attached letter and will be forthcoming for the other interchanges prior to their bid letting. Citizen Input/ Board Review: The S.H. 114 enhancements and the recently approved bond package to fund them have been part of a historical (and on-going) public information campaign conducted by city staff. N:\Community Development\WP-FILES\PROJECTS\CORRIDOR\TXDOT\kimball_funding_agreement.doc 5� ` City of Southlake, Texas Legal Review: The attached agreement is a standard escrow agreement commonly executed by TxDOT for a variety of cost-sharing issues. This agreement will be forwarded to the city attorneys in the Council packet for their review. Alternatives: The alternative of not escrowing these funds will result in TxDOT's inability to incorporate the requested enhancements in the Kimball project. Supporting Documents: - Letter of Acceptance from TxDOT for Requested Enhancements for S.H. 114 in Southlake - Copy of Advanced Funding Agreement (AFA) - Color-enhanced print of representative colors for rail/wall staining - Form liner samples from Greenstreak on-line catalog Staff Recommendation: Staff recommends escrowing the amount of$211,516 to ensure the proposed construction enhancements are included in the Kimball Ave. project. CLC Approved for Submittal to City Council: City Manager's Office NACommunity Development\WP-FILES\PROJECTS\CORRIDOR\TXDOT\kimball—funding_agreement.doc Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 June 29, 1999 Proposed Aesthetic Enhancements CONTACT:Central Design SH 114 In Southlake CSJ's 0353-03-053, Etc. Mr. Chris Carpenter,AICP Comprehensive Planner City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Carpenter: The Department has completed its evaluation and analysis of the aesthetic enhancements requested by the City of Southlake. A brief explanation of our determination and action for each item follows, with a breakdown of estimated costs attached. Requested Enhancements or SH 114 in Southlake: 1. Concrete form liner for wall panels and culvert headwalls: TxDOT concurs with this request. We have added a requirement for Vac-U-Form Pattern 16945 umpstone or equivalent, in the General Notes for Retaining Walls and for Culvert Headwalls. Concrete staining of riprap, bridge piers, exposed sides of beams, upper and lower exposed panels of bridge rails with primary color: TxDOT concurs with this request. The necessary General Notes have been added to the plans. 3. Concrete staining of center (inset) exposed panel of bridge rails with accent color: TxDOT concurs with this request. The necessary General Notes have been added to the plans. 4. Lettering on exposed face of bridge railing, "Welcome To Southlake". TxDOT concurs with this nest. Our Bridge Design office is currently preparing the details necessary for inclusion of this item into the Kimball Avenue Plans. We will also prepare the necessary details for the Carroll Avenue Underpass. 5. Ornamental Pedestrian Railing/Screen for BS 114L Underpass and Carroll Avenue Underpass: TxDOT concurs with this request. Our Bridge Design office is currently modifying the bridge layout an preparing the etas s eets for inclusion into the Kimball Avenue plans. We will also prepare the necessary plans for the Carroll Avenue Underpass. 6. Brick/Concrete Landscape Pavers in crosswalks: TxDOT concurs with this request, except as noted. We have added the necessary details for construction of crosswalks using landscape pavers, and have modified the General Notes as to color. However, in the crosswalks, we prefer the use of a single color, rather than the red/gray random mix used in island areas. 7. Ornamental signal standards at SH 114 intersections: On facilities to be maintained and operated by TxDOT, we reserve the right to require standard traffic signal poles. If a municipality wishes to use either painted (non-standard color), the poles must be factory- painted, and the city must agree to repaint the poles as needed. If ornamental poles are desired, the installation must comply with the following policy: (1) The City shall furnish the poles and mast arms at their entire expense. The State will pay only for the foundations. (2) The City shall enter into an agreement with the State, in which the City will always be responsible for the maintenance and replacement of the signal poles. (3) The City will furnish TxDOT with the An Equal Opportunity Employer (,�(►'(� i} �i rl c1 �nnn Mr. Chris Carpenter June 29, 1999 Page 2 design drawings and calculations for the proposed poles, so that we can determine if the poles meet TxDOT's design requirements. (4) All poles furnished shall use one of the anchor bolt patterns shown on TxDOT's standard "Traffic Signal Pole Foundations" sheet. The use of an adapter ring will not be acceptable. 8. City of Southlake logo on wall panel. Our policy on this issue has been to not allow any municipal logo in lieu of the Texas graphic on retaining wall panels. On those items where TxDOT concurs with the request, we will coordinate with the North Area Office to ensure that all projects follow the same guidelines. On the Kimball Avenue to FM 1709 project, the impending letting date does not allow us ample time to incorporate all of the changes into the plans before letting. Some items will be incorporated as a Change Order. As a result, the exact costs cannot be determined at this time. The attached cost summary represents our best estimation of the City's participation requirements. An Advance Funding Agreement will have to be executed and the estimated funds escrowed prior to the letting, which is scheduled for August, 1999. Attached are 2 original Advance Funding Agreements between the city of Southlake and the State. These agreements should be properly executed and returned to the Fort Worth District as soon as possible. Along with the executed agreements, please include a check or warrant made payable to the Texas Department of Transportation in the amount of$211,516. This amount represents the City's estimated participation. If you should have any questions concerning this matter, please contact Mr. John A. Terry, P.E., at (817) 370-6598, or Mr. John R. Tillinghast, P.E., at(817) 370-6594. Sincere , Charles L. Conrad, P.E. Director of Transportation Planning& Development Fort Worth District JAT Attachments L r-� o •� o � cn r w ado Q aq C7 a � `' *, moo ► CA -0 C o y w 0 � is vc O 70 CD y ►� f� Ia., rA �• ", o W CFO ^� ,ems y rr. W 00 � Un CD o� ? CD N � N � � 0 0 0 a O a r*609 n V�O W O' O O' O' _ y O_O_ 4\ �NtA CrJ � 0 7�0c\nC7 7, ) w r* rj l ' 69 b9 69 69 Q 6R 69 Pill J (-A N 00 as N V�i CA �.cro N N0 �1tnOW �1Lr CDR° + Oo 0000 -fro a a .r o � � °0 CD M. �. Q.-I O CD c �- r. 10 0 o' � eD ,_ � 5 te a � o0o . .,0 a- , o CD qCD 0 0 CA CD y O co�' O O 0CD tj 0 :» CD a � d0 �. y O•G. A� V1 k O � p o� IT- � � Texas Department of Transportation ESCROW RECAPITULATION Highway SH 114 CSJ 0353-03-053 County Tarrant Project No. NH 99(62) Limits 0.8 miles West of Kimbell Road, to FM 1709 Description Reconstruct roadway Type of Agreement AFA Scheduled Letting Date August 1999 Agreement No. 02-0353-03-053-2 Date of Execution Requested By Joel Mallard Section District Design Date June 14, 1999 Entity Name City of Southlake Entity Code 40050 Reason & Amount of Funds Requested Right of Way ❑ $ 0.00 Preliminary Engineering ❑ $ 0.00 Preletting ® $ 211,516.00 Post Letting ❑ $ 0.00 Construction Adjustment ❑ $ 0.00 Total $ 211,516.00 To be Filled in by Outside Entity Amount Submitted Check# Date Submitted PLEASE RETURN THIS COMPLETED FORM WITH PAYMENT To be Filled in by TxDOT After Receipt Amount Received Date Received Processed Deposit . J: Agreement No. 02-0353-03-053-2 County: Tarrant CSJ: 0353-03-053 Project Number: NH 99(62) ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Southlake, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHER EAS, Commission Minute Order Number 107615 authorizes the State to undertake and complete a highway improvement generally described as the reconstruction of State Highway 114 From: 0.8 Miles West of Kimball Road, To: FM 1709; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as proposed aesthetic enhancements to be included in the reconstruction of State Highway 114 From: 0.8 Miles West of Kimball Road To: FM 1709 herein after called the"Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity do agree as follows: 57 Article 1. Time Period Covered AGREEMENT This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. Texas Government Code Chapter 2106 requires the State to recover indirect costs associated with this agreement. The indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program. Article 3. Termination This agreement maybe terminated in the following manner: ♦ mutual written agreement and consent of both parties. ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein. ♦ by the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. (awl Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. ,Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work mResponsibilities, this provision shall only apply in the event changed site conditions are discovered or as utually agreed upon by the State and the Outside Entity. 5-� 00, 1 Qe Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By Date District Engineer THE OUTSIDE ENTITY Name of the Outside Entity �WBy Date Typed or Printed Name and Title For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: Mr. Billy Campbell, City Manager Mr. Steven E. Simmons, P.E., District Engineer City of Southlake Texas Department of Transportation 667 N. Carroll Avenue P.O. Box 6868 Southlake, Texas 76092 Fort Worth, Texas 76108 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The State shall be responsible for the construction of the proposed aesthetic enhancements within the project known as the reconstruction of State Highway 114 From: 0.8 Miles West of Kimball Road To: FM 1709. The Outside Entity's will be responsible for the entire actual cost of the proposed aesthetic enhancements which is an estimated $211,516. This amount includes engineering and contingency costs at the rate in effect for the year in which the work will be performed. The Schedule of Payments One payment in the amount of$211,516 will be-paid to the State upon the return of the Advance Funding Agreement from the Outside Entity. The Outside Entity will remit a cashiers check made payable to the Texas Department of Transportation in the amount of $211,516 will be used in payment for the proposed work. Actual Cost Agreement In the Event it is determined that the funding provided by the Outside Entity is insufficient to cover the State's costs for the construction of the Project, the Outside Entity will within 30 days from the receipt of the State's Written notification provide the additional funding to cover the State's anticipated additional costs. Upon completion of the Project, the State will perform an audit of the costs and any funds due to the Outside Entity will be promptly returned. +2. . . . > � . ^ .d\ƒ7» ©- � w�_ ��/ �� \ < _ a, . � : : :. \ . � . z z w. yy\ y� � /\� y. <�« � � . . d�< 2 -�.�a: »�: :»d<©.: © » <z � z< zy, . . . �2 �y,�2©��. :. ��/��\ `/ \�\�� ~ a �«� \? v y � , «� .x � �: ©«� am, �: � . . �.:...:�� ; _ :�� _�}\�G4 �� \�� \ ` � - J �«. \ % \� - z 2\ \ ( _ � � 3 � � � _ ��^� <.. _ _� /� - \\ �� \� f � » � � � �\ . ¥ ° City of Southlake, Texas _1 This symbol is shown on profile . �'`� WOOD DESIGNS drawings for patterns requiring No.344 back-up strips in Rigid Polymer "t' 4'x 9 10"Sheets'Weathered Random Boards grades. The back-up strip is neces- sary to prevent deep reveals from deflecting due to form pressures. Other patterns may require back-up strips, results of the pre-construction FORM mock-up shall dictate necessity. F 4. •�--# 6'/F 91W 6" 10 T/:" 8'/x" CONCRETE No.346 4'x 9'-10"Sheets-Weathered Boards All dimensions nominal MASONRY DESIGNS No 341 4 x 10 Sheets-8"x 8"Split Face Block No.330 10'x 4'Sheets-Ashlar Stone $ t FORM • CONCRETE L No.351 x 4'x 9'Sheets"Random Rough Southern Yellow VA RIES Pine Boards with Random Reveals VA 3/8'TO 1 114' k y7p No.365 4'x 9'-4"Sheets-8"x 16"Cinder Block VARIES VARIES 2 12'TO 9' 1/2 TO 1 1/4' r%xa' FORM No.336 13e" 2Y^ 9'-4"x 4'Sheets'Split Face Block 1 1 u1 � rjai� sue" �-�a� sia�3�s"� dye CONCRETE -I i-1'h"(nPI '—[ (3/8'HEAD JOINTS) No.363 ` 4'x 9'-10"Sheets-Weathered Tongue& % No.381 Groove Boards 10'-1"x 4'Sheets'Shadowtex Brick 16"x 2-5/8"joint spacing " I y. e � 4 FORM h" — I 6" 3/16"I �8"� 1. No.337 CONCRETE 9'-2"x 4'Sheets-Slump Block 2 5/8" STRIATED DESIGNS No.354 4'x 10'Sheets Striated Sinusoidal Wave Pattern FINISH DESIGNS 4"x 16"joint spacing " L No.340 4'x 10'Sheets-Smooth Face T gym, �'/2" No.338 �� 9'-2"x 4'Sheets-Rough Brick No.355 ,. 4 x 10 Sheets No.349 Random Striated 4'x 10'Sheets'Light Sandblast Finish _{ VARIES $, L"I'MAX 3/16" 6 � ' )3 City of Southlake, Texas MEMORANDUM July 16. 1999 TO: Billy Campbell, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization for the Mayor to execute a residential developer agreement with Four Peaks Development, Inc. for Glenwyck Farms in the Town of Westlake. Action Requested: Authorize the Mayor to execute a residential developer agreement with Four Peaks Development for the construction of a 12" water main to serve Glenwyck Farms, a residential subdivision located in the Town of Westlake. 1 Background Information: The proposed development of Glenwyck Farms does not have access to a municipal water system. Southlake currently holds the Certificate of Convenience and Necessity (CCN) for the area, which is the authority awarded by the Texas Natural Resource Conservation Commission (TNRCC). Westlake has a petition at TNRCC to decertify Southlake and certify Westlake for this area. TNRCC's response to the petition was to instruct Westlake to attempt solving the issue with Southlake without involvement of the TNRCC. Trophy Club is not able to provide water service to the area either because Fort Worth has denied Trophy Club the approval needed to resell water to this area. By allowing the developer to construct the proposed 12" water main, Glenwyck Farms can become Southlake water customers temporarily until the current CCN issue is decided. Along with the additional water customers, the City of Southlake will gain a water line the city would have built anyway ($330,000 from the CIP Budget for FY 2000-2001). The agreement attached is the standard developer agreement used by the City of Southlake, with the exception of two areas. First, the city normally is responsible for the oversizing of the line, which is not the case in this agreement. Second, even though the water line is in the impact study, with the Developer paying 100% of the costs, the payment of impact fees would not be required by this agreement. 5J-1 Y Billy Campbell, City Manager July 8, 1999 Page 2 of 2 Financial Considerations: The developer will pay 100% of the construction costs for the 12" water line. Citizen Input/ Board Review: None, however, Council received an in-depth presentation on this topic at the June Retreat. Legal Review: The agreement has been sent to the city attorney for review. Alternatives: Deny Four Peaks Development access to Southlake's water system. Supporting Documents: Letter from Four Peaks Development dated June 1, 1999 Developer Agreement Staff Recommendation: Place the aforementioned developer agreement on the July 20, 1999 City Council Agenda for Council review and authorize the Mayor to execute the developer agreement. VB/vb Approved for Submittal to City Council: /k/_ ity nager's Office 5J-2 FOUR PEAKS DEVELOPMENT, INC. 726 Commerce Street, Suite 109 Southlake, Texas 76092 817-329-6996 fax: 817/481-4074 June 1, 1999 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: GlenWyck Farms Developers Agreement, and Westlake/ Southlake Interlocal Agreement Dear Mr. Whitehead: Please accept this letter as a formal request that above referenced issues be placed on the agenda for the City of Southlake, City Council meeting scheduled for Tuesday, July 20, 1999. If you should have any questions relative to these matters, please feel free to give me a call. Sincerely, Tom M. Matthews, Jr. cc: Dave McMahan Dale Clark 5J-3 DOVE RD. — RANDOL MILL AVE. WATER LINE DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of G1enWyck Farms, a residential subdivision located in the Town of Westlake, Tarrant County, Texas hereinafter referred to as the "Addition" for the installation of a certain community water line located within the Town of Westlake to provide water service to the Addition; said water line being located in Dove Rd. and Randol Mill Ave. and hereinafter referred to as the "Facility". 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 the Facility 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 guarant-Coung and agreeing to pay an amount equal to 100% of the value of the construction cost of the Facility 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 Facility if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to 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 a maintenance bond, letters of credit or cash escrow amounting to 20% of the cost of construction of the Facility. This maintenance bond, 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 Facility. The maintenance bond, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 5J-4 D. Until the performance and payment bond, letter of credit or cash escrow required in paragraph B has been furnished as required, no approval of work on the Facility shall be given by the City and no work shall be initiated on the Facility by Developer, save and except as provided above. E. It is further agreed and understood by the parties hereto that upon acceptance by City, title to the Facility and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said Facility 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 Facility. Acceptance of the Facility shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with written acknowledgment that the Facility is complete, has been inspected and approved and is being accepted by the City. The terms of this provision is limited to the water facility, previously and herein referred to as the Facility. F. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: a. Trench testing (95% Standard); b. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; C. Any charges for retesting as a result of failed tests. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City to approve and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the 5J-5 City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. OFF SITE WATER: The Developer hereby agrees to install water facilities in Dove Rd. and Randol Mill Ave. as shown on Exhibit "A" to service lots as shown on the final plat of the Addition. The Facility will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. B. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to the development of the Facility. C. EROSION CONTROL: During construction of the Facility the Developer agrees to keep the adjacent streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Engineering Services a soil control development plan that will be implemented for this 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 wrill have seventy- two hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Facility. D. START OF CONSTRUCTION: Before the construction of the Facility can begin, the following must take place: I. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six(6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 5J-6 3. All fees required to be paid to the City. 4. Developer's Agreement executed. S. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a$1,000 value to the Facility. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. 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 5J-7 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 i.rnprovements 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 completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgment which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in the Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed with the two (2) year period, the City may, at its election, draw on the performance bond; letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.E. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: 5J-8 a. necessary and essential for the performance of the Agreement, and b. completely consumed at the job site. 2. The purchase of taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if a. this Agreement expressly requires the specific service to be provided or purchase by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Facility the Developer shall provide to the City 3 copies of Record Drawings of the Facility showing the Facility actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and profile of the Facility and tie in to the state Plane Coordinate System. SIGNED AND EFFECTIVE on the date last set forth below. Developer: By: Title: Address: Date: ATTEST: Notary Public Type or Print Notary Name My Commission Expires 5J-9 i CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 5J-10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) yeas 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. 5J-11 i �e I ICI I I i S �- I Ah i I' sp a � • 4rO.l3L K 1'� 4N ; I NA N-� G p 5J-12 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal agreement with Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant Action Requested: Authorize the Mayor to execute an interlocal agreement with Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant, to serve GlynWyck Farms Subdivision only. Background Information: Southlake and Westlake have entered an interlocal agreement for a sanitary sewer line to service the N-1 or Kirkwood Branch basin. The agreement allows Westlake to transport wastewater via the N-1 sewer line and the Denton Creek Wastewater Interceptor Pressure System (DCWIPS) to the Trinity River Authority (TRA) Denton Creek Wastewater Treatment Plant with the payment of certain fees to the City of Southlake. However, the area of Westlake outside of the Circle T MUD's (where G1enWyck Farms is located) has no capacity in Denton Creek Treatment Plant. By allowing Westlake to temporarily purchase a portion of Southlake's capacity in the treatment plant, GlenWyck Farms can obtain sanitary sewer service, without affecting service to current or future Southlake residents. The Westlake Town Council approved the agreement on July 12, 1999, however, there are some changes that could be made to improve the practicality of the agreement (see italicized changes on pages 3 & 4 of the agreement). TRA has assured the City of Southlake that Westlake has made a contact and is proceeding to become a contracting party in the Denton Creek Wastewater Treatment Plant. If for any reason Westlake does not become a contracting party in a reasonable amount of time, Southlake can ask TRA to make Westlake a subordinate party and thereby remove Westlake from Southlake's capacity. However, it may be more advantageous to change the agreement to allow Westlake to use Southlake's capacity for two years at Southlake's cost and after two years at double Southlake's cost. 5K-1 Billy Campbell, City Manager July 8, 1999 Page 2 of 2 Financial Considerations: The capacity used by Westlake would be metered separately and the City of Southlake would bill the Town of Westlake for such service. The rate would be equal to Southlake's cost if no changes are made to the agreement. If Council adds the changes mentioned above, the rates charged for the first two years would be equal to Southlake's cost and after two years would be equal to twice that of Sou(hlake's cost. Citizen Input/ Board Review: None. Legal Review: The agreement has been sent to the city attorney for review and may have suggestions at the July 20, 1999 Council Meeting. Alternatives: Possible options are as follows: 1. Approve the agreement as it was approved by Westlake. 2. Approve the agreement with changes and require the agreement to go back to Westlake for approval. 3. Do not enter into this agreement with Westlake. � ,.. Supporting Documents: Letter from Four Peaks Development dated June 1, 1999 Interlocal Agreement Map Staff Recommendation: Place the aforementioned interlocal agreement on the July 20, 1999 City Council Agenda for Council review and authorize the Mayor to execute the agreement. VB/vb Approved for Submittal to City Council: City Manager' Office 5K-2 n _ FOUR PEAKS DEVELOPMENT, INC. 726 Commerce Street, Suite 109 Southlake,Texas 76092 817-329-6996 fax: 817/481-4074 June 1, 1999 r Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: G1enWyck Farms Developers Agreement, and Westlake/ Southlake Interlocal Agreement Dear Mr. Whitehead: Please accept this letter as a formal request that above referenced issues be placed on the agenda for the City of Southlake, City Council meeting scheduled for Tuesday, July 20, 1999. If you should have any questions relative to these matters, please feel free to give me a call. Sincerely, Tom M. Matthews, Jr. cc: Dave McMahan Dale Clark 5K-3 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE CITY OF SOUTHLAKE FOR TEMPORARY WATER AND SEWER SERVICE AND WASTEWATER TREATMENT FOR GLYNWICK FARMS SUBDIVISION STATE OF TEXAS ) COUNTY OF TARRANT ) COUNTY OF DENTON ) This Agreement is made and entered into by and between the Town of Westlake, Texas, a general law municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Westlake"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"). Westlake and Southlake are hereinafter referred to as the "Municipalities", WHEREAS, Southlake has entered into contracts with the Trinity River Authority of Texas ("TRA") for participation in the Denton Creek Regional Wastewater Treatment System (the "Denton Creek System"), which will treat wastewater generated by Southlake, in addition to other entities; and WHEREAS, TRA and Southlake have entered into agreements for the acquisition of easements and the financing, design and construction of a sanitary sewer interceptor known as the Denton Creek Wastewater Interceptor Pressure System ("DCWIPS"), for the WA4271\040\Inter1oc.agr(3) 5K-4 transportation of raw sewage from Southlake to the Denton Creek Wastewater Treatment `�-- Plant; and WHEREAS, the Municipalities have previously entered into that certain Interlocal Agreement Between the Town of Westlake and the City of Southlake for Use of N-1 Sewer Line ("Prior Interlocal Agreement"), pursuant to which Southlake caused to be constructed the N-1 sewer line, and the Municipalities set out the terms by which Westlake could connect into the N-1 Line and utilize the N-1 Line; and WHEREAS, Westlake intends to become a participating member of or contracting party with the TRA, but, pending such event, Westlake has requested that Southlake permit Westlake to connect with the N-1 Line and provide Westlake with sewage and wastewater service, transportation and treatment pursuant to Southlake's contracts with the TRA in order to permit Westlake to provide sewage and wastewater service to the GlenWyck Farms Subdivision (the "GlenWyck Subdivision") consisting of 104 acres of real property located in the Town of Westlake and more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, and Westlake has further requested that Southlake permit Westlake to connect with water lines located within Southlake and that Southlake provide water service to the GlenWyck Subdivision; and Southlake is willing to provide such services on the terms set forth herein and in the Prior Interlocal Agreement; WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; and W:\4271\NO\Interloe.agr(3) - 2 - 5K-5 NOW, THEREFORE, for the mutual consideration herein stated, Westlake and Southlake `-- agrees as follows: _ 1. Westlake shall exercise good faith best efforts to become a participating member of, or contracting party with, the TRA as soon as possible. 2. Southlake shall permit Westlake to construct a water line and connect into Southlake water system as generally set forth in the drawing attached hereto as Exhibit "B" attached hereto and made a part hereof. Southlake shall provide water service to Westlake for the sole purpose of serving the G1enWyck Subdivision and the homes constructed therein. The final water line design will be reviewed and approved by Southlake's engineering services department. Water usage by Westlake shall be separately metered, and Southlake shall bill Westlake for such service in accordance with Southlake's prevailing rates and practices, and Westlake shall pay each such bill in full within thirty (30) days of receipt thereof. 3. Southlake shall permit Westlake to connect a 15 inch sanitary sewer line into the N-1 Line as set forth on Exhibit "C" in accordance with the Prior Interlocal Agreement and shall provide Westlake with sewage transportation and treatment for the sole purpose of serving the GlenWyck Subdivision and the homes constructed therein. Such sewage shall be separately metered, and Southlake shall bill Westlake for such service, transportation and treatment in accordance with Southlake's prevailing rates and practices, and Westlake shall pay each such bill in full within thirty (30) days of receipt thereof. From the date of execution of this agreement until two years after, Southlake shall charge W:\4271\040\Interloc.agr(3) - 3 - 5K-6 Westlake in accordance with the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. After this agreement-has been executed for two years, Southlake shall charge Westlake twice the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. Westlake hereby assumes all responsibility, to the extent permitted by law, for any industrial pollutants which can be traced to or which originated from the Westlake sewer system. 4. No connection to the N-1 sewer line or to the Southlake water line from property located within the town limits of Westlake shall be made unless at least five (5) business days prior written notice is given to Southlake. All connections to the water line and the N- 1 sewer line shall be inspected and approved by a Southlake engineering department inspector or TRA before any construction is backfilled. It is currently anticipated that only one point of connection to each such line will be made by Westlake. 5. This agreement, and the Prior Interlocal Agreement, constitute the only agreements of the Municipalities regarding the N-1 sewer line and the water line and supersede any prior understanding or oral or written agreements between the Municipalities regarding the subject matter of this agreement other than the Prior Interlocal Agreement. w:\4271\040\1ncer1a.agrc3> - 4 - 5K-7 6. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO SOUTHLAKE: IF TO WESTLAKE: City of Southlake Town of Westlake Attn: City Manager Attn: Mayor., 667 North Carroll Avenue 3 Village Circle, Suite 207 Southlake, Texas 76092 Westlake, Texas 76262-9204 The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving notice to the other party. 7. This agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this agreement, venue for said lawsuit shall be in Tarrant County, Texas. 8. In the event that any portion of this agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 9. Each of the Municipalities agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents. It is the intent of the Municipalities that each will be responsible for its own acts and omissions to the extent permitted by law, but this provision is not intended to waive any element of sovereign W:\4271\040\Inter1oc.agr(3) - 5 - 5K-8 immunity, or to remove any further protection afforded general purpose units of government pursuant to Texas law. 10. The undersigned officers and/or agents of the Municipalities are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Municipalities. Each of the Municipalities certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. This agreement is executed in duplicate originals on the dates indicated below. TOWN OF WESTLAKE By: Mayor Date: ATTEST: Deputy Town Secretary Town of Westlake CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary City of Southlake W:\4271)040\Inter1oc.agr(3) - 6 - 5K-9 1 - Cam: s � 1 I um��Inllnmx�Ron 1111111 : 11!i1#��lnumn��i�mp!Al�AI�II��II�I�II�IIIAIn � ^�^^LEA.-_n�nn.c_:^^.��....^::Cnti•,Fn��inFF�c=��:.�� 1 .• PORiiQ1111�111K �`� • IIIIIIIAl11111A1111111111111111111111Allllllllllllli% - - '�/ �� 11L�1 It�1�It1111�j ��11�1�1.11�111q��1�U�i1111U \ E E c'� O° �c E HeEE[�•'' ° ° `Q.M-.:E • � �E � Ul�� E0.��E � -re` ��-�►� �� o��u.��j��n�a41Q1�111�1[l�ILI Ip�!!1� �,' =�:.y°'-��S�FF_'_ !!E�EFbyF J4�Ft_zt�Pa�e�.F�9r�°'�.`•1 ��• � A�;;�� l��ie�!�.Enl� Ij1��u�nliliilli• .E n-:.7E �e;E� r;b EsGese '=E��tiEEba;Et F.E�• eiiLki:Y EXHIBIT A' SHEET 2 PHS&J. INC. DALLAS. TEXAS • e :F 6 }p I. - : "tFii t i!{I to ;;�� I^ik 'v i !F' } fill s- r=:�i= � ' ._ {* s :fs�. t tjF a u x.# ?. I{I'!{I' Ijp Qa : r t F E iF e • FF x. e} I .. I^ : = fi.i:.i s I' ' v x.-*fi_"fsfti i rl2s�a _ 5~'�F z'�:r:js�s i_ et ; i � r �i �i=_;{�_ii_ . i-: Y `�.1 s I?Z•��:.:_fr ¢.; I?I? j xx x: - Ni Y.'sE$ ia:-siz-l;li=� j tI= ss'sp rryglic••x r} .*, s M .: 'tsl�^r�i"4� s-sjt } ijj II s ?;F t ip=r;5cs � f!i A14 i�t�� :: iIi r' I:_ Iss_ " - e= is 6 - =ic ' .=�s2=�d3si3=si{ =t �--=.x#ia irs. i t2_ _4 Ft si:s i:i {•� *i;:_ .? I r s i i ic3 - ,•I:ss? f.iii az j: j -f � i je= z• -i= �7 �:j ii {� I �i=:��il`eic{: I:i .ia t ti'i" •=:uui � :3in MHz ii-1: 3:1 i sz i i {=ss s_= i i ti^Fx: a r : •i . s s; s- t 'I sEt • S Z. n 1 L_ F O A i N 4 m mt� C t � t 5K-11 EXHIBITS SHEET i It As- 1 • � e n sun�,.a on A I ti ti ^ oc A f 9 � 1 5K-12 EXHABI1'V' SHEET 1 ZOO*d ldiO1 uym 1 I � M ° w Ii I 1� l 1 >ul 1 I x rd'` �G� � -� � .:� � � & n �`� � .'+ +� �' � �,Taa 6�,aS�r�g.p � ��,r�A ��g� � a£'�` '`.1'�-•�"��"� - R � '� ?+� +}�• y'{9'S T � d 4&'t+y'h- +r�� fi'' 'Pr'� �y _ wit � .r �°' � � `,�s��•1 .a- �er � ram' �" �'� �� t: ,+a R r ,P'07 4a4y� z � �: � §.4'�iz� �r •a �y Yx- �Ed F. �*6 .•.��,y�$r� .� �B = 'ea/�,��`'-�y ��: � _ '^` �,�,. i .-fig 5p �v' � � �'`�.�.�,,> sE�`Yv y�'.sp�� , 3 �� 'p•- Y fi�^'r p par. 9 4 { ^� 4F, ` 14 ' �'Y• � � � Lam. ..zf.�1'�t �a�az�"�s�� °.cr��" -� -�� ' .- �r �,i ` � -� 'x 1 ;� ,, -1 -141 I MEN � w • � r , I � 1 1 1 1 City of Southiake, Texas STAFF REPORT July 16, 1999 CASE NO: ZA 99-047 PROJECT: Plat Revision-Proposed Lots 2R5R1 and 2RSR2,Block A,White Chapel Place Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 2R5R1 and 2R5R2, Block A, White Chapel Place Addition,being a revision of Lot 2R5,Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant County, Texas,according to the plat recorded in Cabinet A, Slide 1897, Plat Records, Tarrant County, Texas, and being approximately 3.92 acres. PURPOSE: To further subdivide the previously approved preliminary platted lot into 2 lots. LOCATION: 215 White Chapel Court being on the south side of the cul-de-sac Cr OWNER/APPLICANT: Stephen J. Bemer CURRENT ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight(8) RESPONSES: None P&Z ACTION: July 8, 1999; Approved (7-0) subject to Plat Review Summary No. 3, dated July 2, 1999. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated July 2, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-047PR.DOC 5L- 1 •• Erb �., ■11/► . �■ -....■�� .r:.r+�� i r Al I' ! a• i� �.■■�� _ , , , MW 111 -wool _ _ r , ■�� "MaL, glumcc- . DBMS! B i� �!.+j�:� �I■�� ems► ��j�' : ��i�■■�■�� ►`hid�� - ' a'� -I�i :� lii�!��rr,.,;,=�-11�►,�I�f-�♦ 1 �M IN In .�0-1 Nonni, IN �■ ■/,��\ SSA■■�- • I OPEN .1�/ ,�►�;�.,-�,��•„��.;`.�1�sip ��::� w��•�' ��i��i ��i�r�� 107. WIN ISO ��•� `r 1= � Qi sip �■ �� :-♦��h'11 mon�''rJil� 31 �= -•�'; TR 2A � 4R1 TR 3B1 O 3.957,O 3 1.0 AC TR 2A8 .71 AC 415 too na r 7.0 Lan � 7 1 ��QR O� 1.228 O N��N Ems DDITI >a � 5 � 1�96A� .14s O 2 ®56 p►�S9 No8 1 0 2. w�T UN 30 NIG s c Z$66 1 2 ' 2R1 I LILAC TR 4B 4.5 AC � � 2.948 O s D TR • 1►`� C 23A as sot 174 l{( l R .45 •,0 „ � �> 5 AC A c J.SCHAEFER 1.003 O /� L p "SF-1 A" �j � S. BEZNERp cy,4p jJ W.LODEN SF-1 A $66 3 E (�Il 1•' WHITE CHAPEL CT K.CEDRAS2� I 2.851 ; TR 2C3 A ® t 3.54 AC M. POWELL "RE" J. ZANABONI �t 2R5 _ 3.9 O r I I "RED' D.DIEPtNBROCK f I I210 Ili° 4" ,s •0 I Imo I 6 22 1 21 20 . 19 TR 5B I^ 23 2 6.0 AC I .o p 0 IN SMVER1100D g 24 w AM a ,z° t.° i I 5 s 6 g 7 ; i TR 5C 25 +m - 3 10 AC I 6 •L— •, I. Ig 26 4 3 2 A� ADJACENT OWNERS AND ZONING L 5L-3 Analqtt rat 'A PROFESSIONAL COMPANY OPERATING IN YOUR BEST INTEREST' ROOM Q YYERS P.O. BOO( 2797 ) 272-C7 GARLAND. TEXAS 97n2) 272-a407(FAX) 73047 JUNE 6, 1999 CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION <` 1721 E. SOUTHLAKE BLVD. ;-:.SUITE 100 ;s SOUTHLAKE, TEXAS 76092 LADIES AND GENTLEMEN: THIS LETTER IS TO AFFIRM THAT WE AGREE TO COMPLY WITH ALL ITEMS LISTED IN STAFF REVIEW NO. TWO OF OUR REPLAT—CASE NO. ZA 99-047 DATED 06-04-99. SINCERELY, RANDY MEIJER ANALYTICAL SURVEYS, INC. RECD JUN 211999 5L•4 City of Southlake, Texas PLAT REVIEW SUMMARY ° Case No: ZA 99-047 Review No: Three Date of Review: 07/02/99 Project Name: Plat Revision, - Lots 2R5Rland Lot 2R5R2, Block A, White Chapel Addition, being a revision of Lot 2R5, Block A, White Chapel Addition, being 3.92 acres out of the Hiram H. Granberry Survey, Abstract No 581 APPLICANT: SURVEYOR: Stephen J. Bezner Analytical Surveys, Inc. 2125 White Chapel Court 10610 Metric, Suite 156 Southlake,TX 76092 Dallas,TX 75243 Phone: (817) 821-2498 Phone: (972) 272-6287 Fax: (817)416-1547 Attn: Stephen J.Bezner Fax: (972) 272-8407 Attn: Randy Meijer CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/21/99 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 EDWARD MCROY AT(817)481-5581,EXT.880. 1. Remove the note indicating that no new construction is intended. % 2. Change the lot numbers to"Lots 2R5R1 and 2R 5R2". 3. Provide a"Certificate of Taxes Paid"from each taxing authority to the City prior to filing this plat in the County records. * An existing metal building encroaches into the rear yard setback of the proposed Lot 2R5A. This pre- existing condition is not affected by the proposed platting action. * Although the proposed lot lines are not radial,they appear to meet the intent of this requirement and are in character with the existing subdivision. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: Stephen J. Bezner VIA FAX ABOVE Analytical Surveys, Inc. VIA FAX ABOVE \\SLKSV4001\L0CAL\C0NWWITY DBVBIAPNEUT\NP-PILRS\RRV\99\99047PR3 LOTS 3RSA i 2RSS BLR A MRITB CRAPRL PLACE AMU .WC Page 1 5L-5 s M M ! t t i a 1 O Vill ,. " in gill ,q'r it t liar tt bpi aIM>w/ _-� _� -- ---_ 1 r_-- OF err�wf w ----__----_ ,1 fz- I ;;�� E; ,� � •�;;§ � sue i �n 4L '- 'fi�e'O -----_ t -----__-- fin .,nn it „ r I t ------- to -- tr ------------------------ !j 777■■ i A City of Southlake, Texas i MEMORANDUM June 16, 1999 I To: Billy Campbell, City Manager From: Ron Harper, Director of Engineering Services Subject: Award of bid for.excavation for Town Hall Action Requested: Award of bid for excavation work at Southlake Town Hall. Background Information: This portion of the Town Hall project was advertised on July 4 and 11, 1999. Bids were received and Y :' 'mil; opener? on Tuesday, July 13, 1999. Four bids were received. One bidder did not offer a bid for the soil retention system. The low bidder for the excavation and soil retention system is C. � I Watts and Son in the total amount of $139,405. (This amount I does not reflect a potential savings of $30,304 if we are able to dispose of the soil on site.) The estimate prepared by our Construction Management consultant (the Beck Company) was $141,345. Financial Considerations: Funding for this portion of the project is available through the TIF. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Bid Tabulation 5M-1 Staff Recommendation: Staff recommends that the contract for excavation be awarded to C. Watts and Sons in the amount of$139,405, with the understanding that if soil disposal is allowed on site, the total will decrease to $109,101. Ron Ha E. Director of Engineering Services RH/ts Approved for Submittal to City Council: Ci M#ger's Office 5M-2 Southlake Town Hall - Excavation Bid Tabulation 7/15/99 7/13/99 BIDS James James C. Watts Grapevine Cooper Hammonds Arnold & Sons Excavation Excavation Excavation NO BID $ 79,550.00 $ 66,728.00 1 $ 50,050.00 $ 63,440.00 Overhead NO BID Included $ 10,847.00 j $ 5,000.00 $ 6,300.00 Fee NO BID Included ! $ 7,000.00 $ 3,950.00 $ 6,300.00 Sales Tax NO BID Included Included Included Included Bonds NO BID $ 2,100.00 $ 1,450.00 $ 1,500.00 2,000.00 Subtotal NO BID $ 81,650.00 $ 86,025.00 $ 60,500.00 $ 78,040.00 Alternate Bids: Haul on Site NO BID $ (22,980.00) $ (30,304.00), $ (15,000.00) $ (17,080.00) Retention System -Total NO BID $ 90,000.00 $ 53,380.00 NO BID $ 91,800.00 Total W/RETENTION $ 148,670.00 $ 109,101.00 $ 152,760.00 Page 1 of 1 5M-3 City of Southlake, Texas MEMORANDUM June 16, 1999 To: Billy Campbell, City Manager From: Ron Harper, Director of Engineering--Services Subject: Award of bid for foundation and concrete work for Town Hall Action Requested: Award of bid for foundation and concrete work for Town Hall. Background Information: This portion of the Town Hall project was advertised on July 4 and 11, 1999. Bids were recCi.-ed and publicly opc=lcd o i Tuesday, July 13, 1999. Two bids were received. The low bidder for this work was TAS in the amount of $989,730. The estimate prepared by our Construction Management consultant (the Beck Company) was $1,032,421.52. Financial Considerations: Funding for this portion of the project is available through the TIF. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Bid Tabulation 5N-1 Staff Recommendation: Staff recommends that the contract for foundation and concrete work be awarded to TAS in the amount of$989,730. i Ron E. Director of Engineering Services RH/ts Approved for Submittal to City Council: Cit anager's Office 5N-2 Southlake Town Hall -Concrete/ Formwork Bid Tabulation 7/15/99 7/13/99 BIDS James TAS Omega Intrepid Hammonds PIERS $ 70,870.00 $ 117,760.00 NO BID NO BID PIER CAPS $ 6,712.00 : $ 11,500.00 NO BID NO BID GRADE BEAMS/WALLS_ $ 368,289.00 $_ 549,200.00 NO BID NO BID_ CONCRETE SLAB $ 251,622.00 $ 341,000.00 j NO BID NO BID OVERHEAD $ 70,335.00 $ 113,588.00 ! NO BID NO BID FEE $ 116,053.00 ! $ 124,946.00 NO BID NO BID SALES TAX $ 6,092.00 ! $ 23,000.00 NO BID NO BID BONDS $ 15,261.00 $ 25,506.00 1 NO BID NO BID SUBTOTAL $ 905,234.00 "$ 1,306,494.00 I NO BID NO BID ALTERNATE BIDS CONCRETE ON MTL. DECK 2ND FLOOR $ 35,475.00 $ 46,877.00 _ 3RD FLOOR $ 26,599.00 $ 35,148.00 _ 4TH FLOOR $ 18,413.001 $ 25,646.00 5"SIDEWALKS -2500 SF $ 6,709.00 $ 8,750.00 SPREAD DIRT ON SITE $ (2,700.00) $ (4,000.00) TOTALS $ 989,730.00 $ 1,418,915.00 Page 1 of 1 5N-3 t City of Southlake, Texas STAFF REPORT July 16, 1999 CASE NO: ZA 99-038 PROJECT: Ordinance No. 480-314/Second Reading/ Rezoning / Proposed Lot 4,J. Childress No. 253 Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 5.270 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: 1581 Randol Mill Avenue being on the south side of Randol Mill Avenue approximately 760' east of Marantha Way. OWNER/APPLICANT: Phillip D. Fanning CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: Two (2) responses were received from within the 200' notification area: • William J. and Susan Purves, 1218 Morgan Road, Southlake, TX, in favor. (Received June 17, 1999.) • P.B. Moore Jr, 1221 Morgan Road, Southlake, TX, opposed, "possible addition of street into Morgan Road." (Received June 17, 1999.) P&Z ACTION: June 17, 1999; Approved (6-0). COUNCIL ACTION: July 6, 1999; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "RE" Residential Estate District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-038Z.doc �q-I mmoo ��c �rMmo■MEN ■ � RR -� ,imm T 1 ■ �� / ►-` ► ��:� P �\ 1 ■ ■ / `�iittl �, i ► :. I�ittn MUMSCSI son -I 16%.L �� / 09 W-F 101 mj NAM SLEEPY Y ISTA 8 TR.1 F TR. E I 5 O ss Ac 1 Ac L 2 11 yj 19A 6 N ' O ' < I 1 i 12 98 i J.CHARLTON 17A2 TR.1 G5 2.04 Ac ESS • "SF-1 A" 6 Ac i CKIL g J P. MOORE ADD**tt 17A1"AG"1Y D. FANNING N *t 25 TR.1 G3 0 1.91 Ac "AG" J. LAWLER 84 83 J.SMART mJ.SMART "S F 1 A" 0 TR. 8.9 Ac TR.1 G4 1 11 W. PURVES 69 "S F 1 A" u� w� 10 S.VAN CLEVE TR.28 M. BEAM 6E 15 Ac "s "AG" 9 6 (%Me i R.2A 12 Ac 8 ADJACENT OWNERS 7 AND ZONING CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-314 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 LEGALLY DESCRIBED AS THE SOUTHERN PORTION OF TRACT 1 SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 253,AND BEING APPROXIMATELY 5.270 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 Xl, 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 LRCM DOMORDTASEM484314.DOC Page 1 i WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust;effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage,schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, LAMY DOMORDTASESWO-314.DOC Page 2 rlA - 5 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 LAMY DOMORDICASEM480.314MOC Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the southern portion of Tract 1 situated in the John Childress Survey,Abstract No. 253, and being approximately 5.270 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate 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 LACITY DOMORMCASFS1480.314.DOC Page 4 ,7 7 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 L:\CITY DOMORDTASMUO-311.DOC Page 5 7A - $ zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY UC1TY D0CS%0RD%CASFS%"0-314.DOC Page 6 ,7A - � PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: LAMP WM0l n\CASESW -314.DM Page 7 IA — 10 EXHIBIT "A" PROPOSED LOT 4 FIELD NOTES BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO. 253, SITUATED IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT DESCRIBED IN A DEED TO D. 0. FANNING OF RECORD IN VOLUME 2232, PAGE 35, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 'at a 1/2" iron found at the most Southerly Southwest corner of a tract out of the above referenced tract as described in a Divorce Decree of record in Volume 10964, Page 815, Deed Records, Tarrant County, Texas, said point being by deed calls, S. 0021 ' W. 626. 3 feet and N. 880=064-15" W. 317.5 feet from a stone monument at the Northeast corner of the above referenced Fanning tract; THENCE S. 880-06 ' -15" E. 317. 28 feet with the general course of an old fence to a 1/2" iron found at a fence corner for the most Easterly Northeast corner of the herein described tract; THENCE S. 00-14 '-241, W. ' 316. 23 feet with the general course of an old fence to a 1/2" iron found at a fence corner; THENCE N. 890-11 ' -43" W. 635.56 feet with the North line of a tract described in a deed to Maxine V. Beam of record in Volume 4560, Page 782, DRTCT, to. a 5/8" iron found in same at the Southeast corner of Lot 2, of the J. Childress No. 253 Addition to the City of Southlake, Tarrant County Texas, as shown on a plat recorded in Cabinet A, Slide 1966, Plat Records, Tarrant County, Texas; THENCE N. 10-20 ' -03" W. 820.86 feet to a 1/21, iron found for a corner of said Lot 2; THENCE S. 420-31 ' -29"E. 75.92 feet to a point for corner; THENCE S. 10-20 '-03" E. 437.81 feet to a point for corner; THENCE S. 880-06 '-15" E. 277.50 to the POINT OF BEGINNING and containing 5. 270 acres. LACITYDOCS\ORD\CASES\480.3It..DOC Page 8 / n _I I City of Southlake, Texas STAFF REPORT July 16, 1999 CASE NO: ZA 99-039 PROJECT: Ordinance No. 480-315/Second ReadingI Rezoning /Proposed Lot 3,J. Childress No 253 Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 3.093 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: 1581 Randol Mill Avenue being on the south side of Randol Mill Avenue approximately 760' east of Marantha Way. OWNER/APPLICANT: Phillip D. Fanning CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: None P&Z ACTION: June 17, 1999; Approved(6-0). COUNCIL ACTION: July 6, 1999; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF-lA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-039Z.DOC IOWA •fl+ WIN mmmXTrum. �irk��_ !Cln�• � _ ■ I��•.•rr..- -Nate ` �± ■ Mid,© RAIE.ai. 0� . 1■■■■■ ;' Nis . . II SLEEPY HOL 8 TR.1 F TR.1 E ( r 0 9 5 85 Ac 1 Ac JJ r0� i 2�1 11 19A ."AG" I s $ S. "SF-1 A„ ABOUABDO D.STENGER I 12 '9B 1,9 K.SCHATZ I j J.CHARLTON 17A2 TR.1G5 2.04 Ac RESS 6 Ac J COIL 17A1 *1 25 ADDN "AG" TR.1 G3 N 0 1.91 Ac 8.1 83 J.-SMART =J'.AMART �O TR.1 8.92 Ac TR.1G4 1 D. FANNING 11 ,� 69 "SF 1:.A" "AG" ,i1 10 6 TR.2B 15 Ac 9 6 [R.2A ADJACENT OWNERS 8 12 Ac AND ZONING 7 �B 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-315 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 LEGALLY DESCRIBED AS THE NORTHERN PORTION OF TRACT 1 SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 253,AND BEING APPROXIMATELY 3.093 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 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 L:\C17Y DOMORDTASEM480-315.DOC Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake,Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, LAMY DOMORDTASFSMG-315MOC Page 2 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 LAMY DOMORDWASFSW80.315MOC Page 3 1 Q ^ 4 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the northern portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 3.093 acres, and more fully and completely described in Exhibit "A" from"AG"Agricultural 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 LAMY D0CMRD\CASFSWW315.D0C Page 4 -7`2 - 7 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 LAMY D0CS\0RD\CASFS\4W315.D0C Page 5 violations and all pending litigation, both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY LACITY DOMORDTASM484315.DOC Page 6 PASSED AND APPROVED on the 2nd reading the day of 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ce LAMY DOMORDTASFSUBB-315-DOC Page 7 7g- ia EXHIBIT "A" PROPOSED LOT 3 FIELD NOTES BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO. 253, SITUATED IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS,AND BEING A PORTION OF THE TRACT DESCRIBED IN A DEED TO D.O.FANNING OF RECORD IN VOLUME 2232, PAGE 35, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 1/2" iron found at the Southerly Southwest corner of a tract out of the above referenced tract as described in a Divorce Decree of record in Vo1. 10964, Page 815, Deed Records, Tarrant County, Texas,said point being by deed calls, S. 00-21 '-W. 626.3 feet, and N. 880-061- 15" W. 317.5 feet from a stone monument at the Northeast corner of the above referenced Fanning tract; THENCE N. 880-06 ' -15"W. 277.50 to a point for corner; THENCE N. 10-20'-03" W. 437.81 feet to a point for corner; THENCE N. 420-31 '-29" W. 75.92 feet to a 1/2" iron found for corner, being the most Easterly Northeast corner of Lot 2, of the J. Childress No. 253 Addition to the City of Southlake, as shown on a plat= recorded in Cabinet A, Slide 1966, Plat Records, Tarrant County Texas; THENCE N. 30002 '-3211W. 140.70 feet along the Easterly line of said Lot 2, to a 1/2" iron found at the Northeast corner of same in the South line of Randol Mill Avenue; THENCE N. 880-17'-18" E. 31 . 32 feet along said South line to a 1/2" iron found in same for corner; THENCE S. 420-31 '-29" E. 249.49 feet along a_ Westerly line of the tract described in Volume 10964, Page 815, above referenced to a 1/4" iron found for corner; THEMCE S. 890-18 '-48" E. 225.09 feet along a Southerly line of the last referenced tract to a 1/2" iron found at a ell corner of same; THENCE S. 10-57'-39" W. 365.73 feet along the most Easterly Nest line of the last referenced tract to the POINT OF BEGINNING and containing 3.093 acres. l.:\CITY DOMOR MCAS EM480-3 I S.DOC Page 8 City of Southlake, Texas STAFF REPORT July 16, 1999 CASE NO: ZA 99-040 PROJECT: Plat Showing- Lots 3 and 4,J. Childress No. 253 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing of proposed Lots 3 and 4,J. Childress No. 253 Addition on property legally described as Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 8.3629 acres. PURPOSE: Purpose of this plat showing is to create lots in order to get building permits. LOCATION: 1581 Randol Mill Avenue being on the south side of Randol Mill Avenue approximately 760' east of Marantha Way. OWNERJAPPLICANT: Phillip D. Fanning CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eleven (11) RESPONSES: Two (2) responses were received from within the 200' notification area: • William J. and Susan Purves, 1218 Morgan Road, Southlake, TX, in favor. (Received June 17, 1999.) • P.B. Moore Jr, 1221 Morgan Road, Southlake, TX, opposed, "possible addition of street into Morgan Road." (Received June 17, 1999.) P&Z ACTION: June 17, 1999; Approved(6-0) subject to Plat Review Summary No. 3, dated June 11, 1999, deleting Items#1 (lotting requirements, i.e.: lots shall abut a public or private street; minimum lot width; and perpendicular or radial lot lines) and#2 (cul-de-sac right-of--way). COUNCIL ACTION: July 6, 1999;Approved(7-0)the applicant's request to table to the July 20, 1999, City Council meeting. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated June 11, 1999. AA99-040PS.DOCdoc _ WAR ONE MM -N■016 ■ ■ ■ NOW �, - _ � r Imo---■■y�.' �� MiMC Ful OM PA MM �f .._ r �e J 1 I 4 _C TA SLEEPY HOLLOW ' IS TR.1 F TR.E I 5 0 18A 8 2�16� 11 19A "AG" I 6 TR.1B S 1 Ac ABOUABDO D.STENGER I 12 9B 188 � K.SCHATZ _ - - - - "SF-1 A" IN ,O 17A2 1.10 "SF-1 An D4 Ac TRA F 17B Ess 6 Ac J CK IL g P. MOORE J.CHARLTON 17A1 ADID - 25 �.1 c N0 "AG.. 91 J.LAWL©R 83 8-1 J.SMART 'J-SMART s - IN =1 A" �0 F . 2 Ac YP rZ.1G4 W. PURVES 69 "SF 1 A" 141 141 S.VAN CLEVE� 68 TR.2B M.BEAM "AG" 15 Ac 9 ,.SF-1A'' E 6 TR. 8 12 Ac 7 ADJACENT OWNERS AND-ZONING 1581-B Randol Mill Ave. Roanoke, Texas 76262 May 27, 1999 City of Southlake 1725 E. Southlake Blvd Southlake, Texas 76262 Case #ZA 99-040 To Whom It May Concern: I am writing in regards to changes needed for the proposed lotting of John Childress No. 253 Addition, being 8.363 acres out of the John Childress Survey, Abstract No. 253, into Lots 3 and 4. I request a variance for number 1-a in regards to the Sub- division ordinance requiring that all lots shall abut on a public or private street. Lot 4 has no access to a pub- lic or private street other than creating a common access easement within Lot 3 as an alternate means of providing access from Lot 4 to the Randol Mill Avenue R.O.W. We have contacted adjacent property owners in attempt to acquire property that would provide frontage on Morgan Road, however they were not interested in selling part of their property. I request a variance for 1-b which concerns minimum lot width. I would like to ask for increased setback distance for the front building setback line (minimum 401 ) for Lots 3 and 4 in order to comply with the lot width requirement. I request a variance for 2-a concerning a cul-de-sac right- of-way and street (minimum 50 ' width and 50 , radius) as the width of our current access driveway is only 31 .32 ' wide at the street (Randol Mill R.O.W. ) , not reaching a width of 50 ' until 140.701 from the street. Utilizing the existing driveway as a common access easement is our only alternative. Other than these items, I am agreeable to the staff's other suggestions. Your favorable response to the requests will be greatly appreciated. Thank you for your consideration. Yours truly, Phillip D. Fanning M�►Y 81999 PDF/cbf TA City of Southlake, Texas PLAT REVIEW SUMMARY Case No.: ZA 99-040 Review No: Three Date of Review: 06/11/99 Project Name: Plat Showing Lots 3 and 4, J. Childress No. 253 Addition, being 8.363 acres out of the John Childress Survey,Abstract No. 253 APPLICANT: ENGINEER: Phillip D. Fanning Ward Surveying Co., Inc. 1581 B Randol Mill Avenue P.O. Box 820253 Roanoke, TX 76262 Fort Worth,TX 76182-0253 Phone: (817)431-2854 Phone: (817)281-5411 Fax: (817) 329-2296 Fax: (817) 838-7093 Attn: Waymon Ward CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/01/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880. 1. The following changes are needed regarding the proposed lotting: a. The Subdivision Ordinance requires that all lots shall abut on a public or private street. The shown Lot 4 has no such adjacency. The applicant proposes a common access easement within the shown Lot 3 as an alternate means of providing access from the shown Lot 4 to the Randol Mill Avenue R.O.W. (P&ZAction 06117199-Delete) (Variance requested by applicant) b. All lots must comply with the minimum lot width requirements of the Zoning district measured at the minimum front building setback line. The shown Lot 3 must have a minimum lot width of 100' measured at the minimum 40' front building setback line and Lot 4 must have a minimum lot width of 300' measured at the minimum 40' front setback line. The minimum front setback is measured 40' offset and parallel or radial to the right-of-way. Please note that Lot 4 has not street frontage. (P&ZAction 06117199-Delete) (Variance requested by applicant) C. Provide lot lines perpendicular of radial to the adjacent R.O.W. (P&Z Action 06117199 - Delete) (Variance requested by applicant) 2. Provide a cul-de-sac right-of-way with adequate length to provide the required street frontage and lot width for the proposed lots. To comply with existing standards a minimum R.O.W. width of 50' is required for a street with curbs(31' of paving)or a minimum of 60' of width is required for a street with bar ditches(30' of paving). (P&ZAction 06117199-Delete) (Variance requested by applicant) T5 City of Southlake, Texas 3. The following changes are needed with regard to easements: a. Provide easements for water,sewer and/or drainage in compliance with approved construction plans. Specifically,a minimum 10"U.E.may be required to accommodate any fire hydrants needed on this property. Contact the Fire Marshal for specific guidance on hydrant placement or alternate systems that provide equivalent protection. b. The Subdivision Ordinance requires that utility easements be provided around the property boundary. Staff suggests that the applicant evaluate the need for the easement along the east line of the shown Lot 4. If needed, this easement should be a minimum of 10' in width. If adequate service is available,the applicant may wish to request elimination of easements along this property line. * The applicant should be advised that if approved as shown,driveway construction within the proposed common access easement must be designed such that a single drive will be utilized to access Randol Mill Avenue. Any existing driveway on which the daily traffic would be increased by 20%or more or any newly constructed driveway must comply with the Driveway Ordinance No. 634.. * Existing structures located on Lot 3 are legal non-conforming uses and structures. Any change in existing use or to the structures could jeopardize the legal non-conforming status. The applicant should consult with City Staff prior to any changes to this lot. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries(8.5"x I I"or 14"paper)with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets,drainage,park dedication requirements and fees, off-site sewer extensions,off-site drainage and utility easements and impact fees. * Denotes Informational Comment cc: Ward Surveying Co. Via Fax: Above Phillip D. Fanning Via Fax: Above L:\COMDEV\WP-FILES\REV1#SPLAN-1.WPD 1� Case No. 99-040 Review No. Two Dated: 6—3 -99 Number of Pages: 1 Project Name: Lot 3,John Childress Survey, Abstract No. 253 (Plat Showing) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 06 - 01 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. COMMENTS: * No comments. BUILDING INSPECTIONS V + w = s c � : >zi° s! j 3 3 a £ ills m '•-'i` �- �- , l , sill g r" •r: is � 3- ! _-� .�i ii i�.=j� •'-. � � �;13 d� 9 3�?s=7 •3 3i a x��di a ! es 3�=9s iiss a 9 ' i'. s is -• i" M ll iiir;3 ==si sip ?o ,sip33 :3 a' i ja¢ I A' p _ gg ri� L¢sr d tj6 Z ASA f =i = 9 -11 i � �2,, ! HSI r sij - 3 'i ' 3iA '` _ s "r }sL - - = it i:8t I z �S.tii 9inifas 3 7 is • - isr• J •3 d g� z • � •t � 1i Q W;x = f s i vs •E 9� ,< z Nu.�a • y I� _•��_ LVVR 3 QOq a A � 1q- A�«"•1 g `�i T Y # a J W 4�u � x !rlYlr• all3 J s i • Hal• /l N �di SS = li iii=� s• •� s8 a !ji'sii F r City of Southlake, Texas STAFF REPORT July 16, 1999 CASE NO: Z.A 99-056 PROJECT: Ordinance No. 480-313/Second Reading/ Rezoning and Concept Plan- Sabre Group Campus STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as Lot 4,Block A,MTP- IBM Addition No. 1,an addition to the City of Southlake, according to the plat recorded in Volume 388/211, Page 68 and 69 of Plat Records,Tarrant County,Texas, and as recorded in Cabinet G,Page 208, Plat Records, Denton County, Texas; Tracts 1, lAl, 1C, 2A1, 2A2, 2A3, 2A4, 2A5, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and 1 C situated in the James B. Martin Survey,Abstract No. 1134; and portions of Tracts 3A1, 3AlA, 3A1A2, 3A3A1,4B,4B1, 4132, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 154.8 acres. A Concept Plan for Sabre Group Campus will be considered with this request. PURPOSE: Zoning/Concept Plan approval required for development. LOCATION: On the southeast corner of the intersection of State Highway 114 and Kirkwood Drive. OWNERS: Maguire Partners - Solana Limited Partnership and International. Business Machines, Inc. APPLICANT: The Sabre Group, Inc. CURRENT ZONING: "R-PUD" Residential Planned Unit Development District and "NR- PUD" Non-Residential Planned Unit Development District REQUESTED ZONING: "NR-PUD"Non-Residential Planned Unit Development District with "0-2,"Office District uses and certain other permitted and accessory uses set forth in Exhibit`B,"Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-portlstop; hotel, restaurant, retail and office uses. -7D- I City of Southlake, Texas LAND USE CATEGORY: Mixed Use, Medium Density Residential, 100 Year Flood Plain NO. NOTICES SENT: Seven (7) RESPONSES: None P&Z ACTION: June 17, 1999; Approved (6-0) subject to Concept Plan Review Summary No. 2, dated June 11, 1999, and being subject to the following amendments: • Item # I.A.1, Review Summary, delete (to allow a minimum design speed of 25 mph); • Item#I.F.3,Review Summary,Applicant's attorney and staff are to work on clarifying the language in Paragraph 4.C.2 of the PUD Development Standards and noting the Applicant's agreement to use commercially reasonable efforts to identify buildable areas in an attempt to minimize tree removal as noted on Page 2 of the Applicant's response letter dated June 16, 1999; • Paragraph 7.A, PUD Development Standards, delete Hotel and Restaurant (Item#I.1.2); • Paragraph 7.13, PUD Development Standards, further define General retail and Personal services (Item#I.J.1); • Paragraph 7.13,PUD Development Standards, add"and shall not be allowed as a principal use" to the end of the following paragraph heading, "The following accessory uses shall be allowed on a separate building site without regard to the floor areas of such accessory uses;" • Paragraph 7.13, PUD Development Standards, delete Heliport/verti port; • Paragraph 7.13, PUD Development Standards, ask Council to review staffs language clarifying the conformity of Temporary residential accommodations for employees/customers/visitors (Item#I.J.2,Review Summary); • Paragraph 8.A.1,Building Height, PUD Development Standards, modify to read: "Except as provided below, no principal use building shall exceed six (6) stories above grade, nor shall it exceed 90 feet in height." With respect to accessory use height, add the following to read: "Except as provided below, no accessory use building shall exceed three(3)stories above grade, nor shall it exceed forty-six(46) feet in height;" • Paragraph 8.A.2,Structured Parking Height, PUD Development Standards,being Item#II.A.1,Review Summary, With respect to parking garage, Applicant is to provide a sight line study to �1 D-Z- City of Southlake, Texas Council and also request that the Applicant break up the structured parking to match the red buildings shown on the Landscape Master Plan presented tonight; • Paragraph 8.A.2,Structured Parking Height, PUD Development Standards, being Item # II.A.1, Review Summary), modify to read: "Except as provided below, no parking structure shall exceed six (6) levels above grade, nor shall it exceed 60 feet in height;" • Paragraph 8.A.3, Architectural Features, PUD Development Standards, being Item#II.A.2,Review Summary, modify to read: "Architectural features (i.e., portions of buildings or structures not intended for occupancy)which are integral to the architectural style of the building or structure (including spires, belfries, towers, cupolas, domes, feature walls and similar features)shall not exceed 50' above the height of the building; if freestanding, they shall not exceed 140', and both (i.e., roof-mounted and freestanding architectural features) shall be subject to the 4:1 slope requirement;" • Paragraph 8.A.4, Special Equipment, PUD Development Standards,being Item#II.A.3,Review Summary, Commission agrees to allow special equipment up to 25' above the actual height of the building;it must be screened and must be integral to the building and shall be subject to the 4:1 slope requirement; • Paragraph 8.A.5, Pitched Roofs, PUD Development Standards, being Item # II.A.4, Review Summary, modifying the second sentence to read: "The high point of the sloped roof may exceed the height limitations set forth above (i.e., maximum 90')by up to thirty-five(35)feet to allow up to a maximum of 125' and shall be subject to the 4:1 slope requirement;" • Paragraph 8.13.2, Side Yard Setbacks, being Item #II.13.2, requiring side yard setbacks; • Paragraph 8.13.7, Accessory Buildings, PUD Development Standards,being Item# II.B.4,Review Summary, delete review comment and allow accessory buildings forward of the principal structure,but require that they be subject to the height restrictions under 8.A.1 as amended; • Paragraph 9.A, Parking Spaces Required, PUD Development Standards, being Item# II.C.1,Review Summary, delete review comment and allow parking ratios as requested by the Applicant; • Paragraph 9.C,Parking Space Size, PUD Development Standards, being Item # II.C.3, Review Summary, delete review comment and allow the 8.5' parking space width in all parking spaces(both structured and surface parking); V-3 i City of Southlake, Texas • Paragraph 9.1), Off-Street Loading/Service Areas, PUD Development Standards, being Item # II.C.4, Review Summary, delete review comment and accept as proposed to allow as set forth on Page 5 of the Applicant's response letter dated June 16, 1999; • Paragraph 10,Architectural Standards, being Item#II.D, accept as proposed to allow as set forth on Page 5 of the Applicant's response letter dated June 16, 1999; • Paragraph 11, Screening, PUD Development Standards, add Radio towers to the list of screened improvements; • Paragraph 11, Screening, PUD Development Standards, being Item # II.E.1, delete bufferyard requirements as set forth in Section 43, Ordinance No. 480, but leave the rest (Section 42, Bufferyards, Ordinance No. 480 required); • Paragraph 11, Screening, PUD Development Standards, being Item#II.E.2, delete; • Paragraph 13,Fencing, PUD Development Standards,being Item II.G, Review Summary, delete; • Paragraph 15, Parks/Trails/Open Space, PUD Development Standards,being Item II.H,Review Summary, accept as proposed by the Applicant and as further described on Page 6 of the Applicant's response letter dated June 16, 1999; • Paragraph 16, Driveway Requirements, PUD Development Standards,being Item II.I,Review Summary, will be determined at Site Plan; • Item # III.A, Parkland Dedication, Review Summary, allow as proposed by Applicant and as further described on Page 6 of the Applicant's response letter dated June 16, 1999; • Item#III.B.I &III.B.2., Right-of-Way, Review Summary, allow as proposed by Applicant and as further described on Page 6 of the Applicant's response letter dated June 16, 1999; • Item#III.B.4,Review Summary, delete (per staffs request); • Item # III.C.1, 25' Pedestrian Access Easement, Review Summary, allow as proposed by Applicant and as further described on Page 7 of the Applicant's response letter dated June 16, 1999; • Item#III.D.1,Landscaping, Review Summary, Bufferyards along T. W. King and along Kirkwood Blvd. will be determined at Site Plan; • With respect to the T.W. King East—that will remain open until Phase 1 is completed; • Acknowledging Sabre's agreement to "put their full weight" behind efforts to get TxDOT to allow the two-way road from D_ H City of Southlake, Texas T.W. King to Kirkwood Blvd. interchange; • Limit the total square footage of the proposed development to 3.5 million S.F.; and • With respect to White Chapel being used as a construction entrance,the Commission recommends that Sabre complete "as quickly as possible"the northern bridge across Kirkwood Branch and that as soon as it is feasible to utilize the bridge for construction traffic, close White Chapel entry for construction and utilize the entry for emergency use only. It should be recognized, however,that while Sabre is proceeding with all due haste in the completion of the road and bridge along Kirkwood Blvd. that they not be prevented from using the White Chapel entrance to do whatever is necessary to develop the property. COUNCIL ACTION: June 22, 1999; Approved (6-0) First Reading subject to Review Summary No. 2, dated June 11, 1999, integrating P&Z's recommendations at their June 17, 1999,meeting,with the following amendments: • Modifying Item#I.I.2 allowing hotels and restaurants as principal uses by SUP; • Modifying Item #I.J.1 accepting the applicant's substitution of "specialty retail" for"general retail" and with the definitions of Permitted Principal Uses and Accessory Uses as offered by Councilperson Kendall: "Permitted Principal Uses — Permitted principal uses must contribute to the development and/or operations of the corporate headquarters or affiliates. They shall not function to primarily service or benefit the general public." "Accessory Uses—Accessory uses shall be operated principally for the benefit and service of corporate customers, affiliates or guests working or visiting within the consolidated office complex. No freestanding accessory use shall be permitted until Phase I has been completed and a certificate of occupancy has been issued." And additionally, accepting the applicant's request proposal to delete personal services as an accessory use; • Deleting Item#II.A.1 allowing as submitted by the applicant(and subject to the applicant's commitment in the analysis: screen parking garages with four (4) canopy trees for each 100 linear feet); • Deleting Item#II.13.2 allowing side yards as applicant submitted; • Accepting Item#II.I as submitted (waiving driveway ordinance as it applies to private streets)with the Applicant's commitment � D-S City of Southlake, Texas that the PUD standards be modified to reflect that all proposed driveways undergo an"on-site"analysis by an independent traffic consultant and that all driveways by subject to development plan and site plan review for safety issues. • On Item #III.D.1, deleting bufferyard requirements along Kirkwood Blvd. And T.W. King (as P&Z recommended); • Requiring a SUP for a heliport/helistop (vertiport/vertistop); • Requiring that the Applicant work with staff and come back at second reading with a definite plan(timeline)for the construction of the bridge and alternatives to the use of North White Chapel Blvd. for construction traffic. COUNCIL ACTION: July 6, 1999; Approved (7-0) applicant's request to table and to continue the Public Hearing to the July 20, 1999, City Council meeting. STAFF COMMENTS: Attached is Review Summary No. 3, dated July 16, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-056ZC.DOC I D V ____ =_=_ III __= _= �► � ,�1111111111111�■■�111111111► I�IIIIIIIUIIIIIIIIIIhIII� MIA - �111111111111111111111111111111� 1��1�1�j1�1�11I1�1�11�111�� 1111111 IIJIII',►111Alllll[a I l I�nuuulj: ;, �111111111\�� T-11111111111111111\ "''"'r'�' IIIII�IINIIIIIIi� y. its :�,;_.::� ..-�■ V ` OTT NEWX •7 �y��e j ,•.• A'�(J��" i A.e� j N••rAli a . . . I ` I � • i fA� r r r r , .., c'7 •r\—rS,.�N.p—•-=--=-=_-—_•1o71cRtIGToAnT Zc9ou0xRTRr ------=-- '— , ,'--•^"—:„-..-_�, _r-1r-n_n` n>!nrMTEXASUTNJ "A EEOTRoweb. A.OIEN - f U.S.A. "AG" r ' rowErcaw �11 dye A.OtEN , U.S.A. .r. r e / -� �.• j ....q•• » j ; 0,0" PARKCITIES »�• (I" 1 I LIONS CLUB "NR—PUD" MTP-IBM PHASE 118Ill.JV » Y MTP 1 i M I r 1 r I L0 As i '• r .. �• j R—PUD �; I �. �•/ I MTP-IBM ASE 116 111•JV MTP-IBM y-1o�y f• PHASE 11&III.JV INTERNATIONAL • i i IPA BUSINESS MACHINES MT IBM PHASE 11 a Ill,JV j /\ .j �_ -• � � 1. pARK 6Sr�5 �ITP-IBM PHASE II 81t1;JV r I1 VI D .• ...-. .�.. ..-.. ..-��! .T 11 j "R—PUD" •/ ►u��o� I T wttyt MTP-IBM PHASE It a Ill,JV r sr�s J N K »N,'. jt, MTP-IBM PHASE 11&Ill.J -- - ADJACENT OWNERS TONING 3n CONCEPT PLAN SOLANA RESIDENTIAL PLANNED UNIT DEVELOPMENT SOUTHLAKE, TARRANT COUNTY, TEXAS AUGUST, 1995 I i0'i+�•• • �aJ. .P�yr.•... APe"AA&TE SOUNIY L•IE— •�}.� _ �g�.�l.^ - _ _ - yyp_ _ _ _ ._ _ _ _ _ _ _ _ _ _ _ __ PIIO►OOm 1O1A101 KSOQRML PUD /'^ `•\ SIE`r+� •.Vw't •w ` I I I[iKwMN Ml. _ .10.K Ia r�•'••• r Sf•`•• <OAo••sw frK/0m • Ill. '\• •.• .•.Iii•«. i I .o.�io Nf p14R1 'II•r �'_ ^!•`w ' I��DEM71Al I j wIr oRoss.I.w loll.0 �'I \ •.•s+`s, • « ..�.•�• ��• I CO WAT Y 10N Or PRO►OKD WARNER 1 ,PI�'•ArI�;' .• 1 • j J OE DIKlL10 LHrs ' oy,.�• • ,��` wI.•o.oss.rA Ix I r tw � M .,/� •b ,..I � ___.____. .._... .ouo a.rn .1 u ornc r (j ��,\.�� • • �rrr � M.OYO A•a Cr(I.ril_ •M \\..ice -1... �� • � �,, `�•� • �rr�. ,•�• • r. vr .S3 �ii•s•s••i�li��•� ! • •• • s \ •♦�;t' sib =� ;.�,s+a�!P�•, !r�' ,,,� •' Re \`\ .saris� ' °��1�'� -'' ,Yam• .'� ►ROr0.'Im!0/JN IIDIHKEOEMIAL \ �, t>d1N6 2OT"G.G.• , �•f' L•w-Atsa.lw.MrA nA Ae. \ \ •• 1=7M WA Eo... orr.tru S•.1 AC. •.\'\ �� ►IIDPOEm Lu R.o.a r o[Pw10 ss Ae. / .�y• /� 1 IOL.t aloft,A4 .»I i .c ��fpP,r •\ • \ � \ '�.. -_.--- N.A PTAI ARE rl.o..+Itl •F+Yr y \ \ ' t •► /J T ..s :� ,A • n y` ✓ tFCENn Cow"OPEN SPACE TO K DEDICATED - y\ •� p �• S—TO THE DTY Or SOUTNIAKE .i••, '� ND.EM \ _ • O { _ a v"o OR M.A. TO K YAMTAW[D ® n000 ww � ••• L.u.D. tA.O VSE DEsfisAlgN O\ \•\ , 1 • E• • • ��,• N D.R. NED.aNSITY Kslormtw L.O.R. L0.DENSITY RESaNiw P CAG COMPS Of[NfirtEM BUOY z . JjAP 1` \\ ,, , •K . �6Y , s d AO ot*—AOIDNLTuRAL J I ✓✓ OS ON.IO- IRNII [IMC[ CS 10-1-uCOYNERAL MIIIIETTSRDAL • \ \; t • Y •_ = ru0 Sow4-PLANNED WT DEVELOPMENT W3 IONR10-SW FAMILY KSIDENiw \ X•'- • \ -'••�POTENT"AREAS or PERLRf1ED ANCRIA•f !U • i ,]I[, NON-REWNTw USES C-s•C-S NOI '\ \•\ ;`; C1 • O t °,,,+i� J�C TO EACEED A TOTAL DE IE.S ACRES N W `•�, U • �« - I ENfME RESIOENTw P.U.D. \ \ Y` ..� ••-� - '�• \. \ k •• •• .I if •• , r..r...i.rr^r�.A�w.r \ \•\'�•�T^,lM[Z!?..-..��DOY! '4 w...M.r.�r..... rJ 10-0'I-1K FIGURE 7 O•Klt IfT►-•11 rMAY 1 1 D JONT VLNILK A/PIKAM. LuOUK fl10NAf MRMR7 ENUQR •URT t rITT11AN DE.t.IC. LAID nu•cIt M B•A 01101I w- NK VLLAEL CI1C[ NW VILLAGE C U W10 IMRMT MLL El. 1'111 M,tAWR I1HE wo •w(s 1100 Tt mm"nm �7lAI L T[7A,SNN p�LLAD�lE7(AE 7DSt0 Dm*"om low 777a YONiO-GM M l 5 PREVIOUSLY APPROVED CONCEPT PLAN 7 h-47 CONCEPT PLAN SOLANA NON—RESIDENTIAL PLANNED UNIT DEVELOPMENT { SOUTHLAKE, A(iMX, TEXAS � CUSRliq J �� att .. .. ~ -�"•!t.- - - - JrnnQbaNttSDLYn L1iE- - - - - - - - - - - - - - - - - PrAPOM SOLA ►IOOOMOL rya lIl \ S �:R OY•RFt ep fALS(ttRJ = R.t C '•\ • I I 9.91W.I ACT N4 Nth At �Ri �\ w•" •it ' j I bw aoss ru IM]At \ • ° (NL Amm AR N P.—ft) .r.., p a • �• [ I CO WATCH OF►eorOSIM IaAIR[R • '' , ° , MAL° ARIA . IN.]AC m}en .xu au pc _ -.9.a • �°• :; -r�'7' -� tiarmm NO OT tYwwa. w ram..� �� '. • •�\ � �_.�•^ ,�,Cd! so Mr to 0,40 `\ `\�' rlara•m RESDQRLIL ' \ ♦ • yA N0.- • •�• rR0►0.7[D saLAp Noa ImpIIIRt mb. `• . • • � •• NON-A[ R)O K \ ,\. \ • � � \ COwOw 0•D•!I'•LY N r K +� • .^ � •• � ��•+ Jere. ,�r \ \ • � � �.+�.��' NON-MSCENTIAL y. ° A. �r- - . .. r n a sov EN s •[TO o[DNOWT[D \\ N0 to a To THE a sovnaAN[ �j••. � �- � s�� IIl� CO-04 OPEN SPACE TO K MAPRA090 �i•. \ • , e aT IIOA OR r.A ® noaD MAN AR '\ '•rRaoeen LUZ. LAND USE MVGN•YON s\ \•\ • � •' r i • N O( A. Y.D.R. WOUY OENLT/RESIMmrft '\ LD.R. LONSII']RESOENIIK t C.O.[. COOPS OP tNG-4ERs•IOT. C7 :ONNC-GENERA II'SMNCI I wtAL IONR•G-PLANK UNN C"LOPWAIT vt toN.•G-sR•Ix[r.rl.R[SOCMUI ICJDCHTIALAV •••*• Av o i \ \ •• •• ••1 •• sr FIGURE 7 lam"NI►-RN RM!I A D JDrR N[Mlllt MrIR'JII►I WO ME TIOMt►ARN EW OOQI.sum a"fit"arm.MG EMO RAW" M/M GfWP M" we N1AQt C•1LTL N=/IOL 010EL QRI[!DO I ON ow IVA"m ILL Dow m K UYAR To"mm MLLAA T[7fN 7SOO CAI=AR TCfAf 757� PREVIOUSLY APPROVED OONCEPT PLAN r . JUL-1'6-99 14: 16 FROM:HUCHESSLUCE L.L.P. ID:2149396100 PACE 2/4 1 i 1 i Mam 5ticut HuGHES & LUCE,L L P Uoll Suitea.,Texas '32vi2V1 / 2141939•550o 2 13!939•5449(iax) Actvrneys and Counselors July 16, 1999 W-c-D:rcct Dial Nu,uhcr Other Offices Interact Address 214/939.5468 Austi shuped®ttughestuce corn Houctvn Honorable Members of the City Council City of Southlake,Texas 667 N.Carroll Avenue Southlake,Texas 76092 Re: Revised SABRE NR-PUD Standards Dear Members of the Council: I have forwarded to your staff both a "clean" and "redlined" copy of SABRE's final proposed PUD Standards for its corporate headquarters project(both of which documents show a July 16th revision date). The "redlined" document identifies all changes from the prior version presented to the City. I have made all the changes that Karen Gandy and Deborah Drayoviteh requested in a pre-meeting I had with them before the Council workshop last Tuesday. In addition, I have made changes to Section 7 (dealing with "principal uses") that I believe best achieve the objectives of both the City and SABRE. The purpose of this letter is to explain my rationale for the Section 7 changes. After reflecting on the somewhat confusing discussions during the Tuesday Council workshop,I am convinced that the issue of"principal uses" must be separately analyzed from a"zoning"and a"tax abatement"perspective. I believe the objective of the"zoning"analysis is to permit those uses that will be necessary for the successful development of the property as SABRE's corporate headquarters while at the same time reserving to the City Council discretion over those uses (e.g.,hotel and restaurant)that the Council believes only may be necessary. I have revised Section 7 of the PUD Standards into five new subsections as follows: Subsection 7.A.1: This subsection includes language that is unchanged from the first paragraph of the prior version of the document. Subsection 7.A.2: This subsection includes language that is unchanged from the second paragraph of the prior version of the document. 4 ReKistcrcd Unwed L,Dbil,ty Partnership Including NkOcssional Corpvratwn. 011907,Op0p5:0449751A l If1 -r ( VUL-19-99 14: 16 FROM:HUCHES&LUCE L.L.P. ID:2149396100 PACE 3/4 HUGEEJ & LUCE, L.L.P_ July 16, 1999 Page 2 Subsection 7.A.3: This subsection includes those uses (e.g., "parking structures" and "Private streets/alleys/drives") that are obviously necessary for the office development and that must occur concurrently with such development; therefore, these uses are not conditioned upon occupancy and use. Subsection 7.A.4: "Hotel" and "restaurant" uses, although foreseeable in SABRE's judgement,may not,in the judgment of the City Council,be appropriate as principal uses at this time. The new subsection provides that these uses will only be permitted by Special Use Permit approved by the City Council in accordance with the City's Zoning Ordinance. This clearly accomplishes the objective of reserving to the City Council the discretion over "hotel" and "restaurant" uses that only a be necessary for the success of the project. Subsection 7.A.5: The uses in this subsection(communications/technology facilities, training center,and conference center)are the only "additional principal uses"that remain from the prior version of the document. SABRE strongly believes these uses will be necessary for the success of the project. SABRE,however, is willing to make these uses conditioned upon the occupancy and use of at least 400,000 square feet of office_ In SABRES judgement,it is unnecessary to further condition these uses on whether they are intended to support the use of the property as a corporate headquarters_ The prior version of the document included such a condition because "hotel" and "restaurant" uses were permitted by right and did not require Special Use Permits. The Tax Abatement Agreement between the City and SABRE has been revised to be consistent with the Section 7 changes described above. Section W.G. of the agreement now provides as follows: "Notwithstanding any provision in this Agreement to the contrary, no tax abatement shall be provided for any Improvement during the periods in which it is used as a commercial business establishment (e.g., a restaurant or hotel) which is open to members of the public which are neither employees of SABRE or its Affiliate nor guests of SABRE or its Affiliate. If Tarrant Appraisal District denies a tax abatement for any year based on its belief that this Article IV.G. has not been complied with, the taxpayer shall have the burden to prove that this Article IV.G. has been complied with." I would also like to bring to your attention one other change I made for purposes of clarifying the 3.5 million square foot limitation on total principal and accessory use floor area. The definition 0 11907.00005:044975 1.01 JUL-16'-99 14: 17 FROM:HUGHESBLUCE L.L.P. ID:2149396100 PAGE 4/4 HuGHEs & LUCE, L.L.P. July 16, 1999 Page 3 of"floor area" contained in the City's Zoning Ordinance excludes garages. I thought it prudent to include the same exclusion in the PUD Standards to avoid any future uncertainty. Please feel fi=to call me(or page my at 1.888.794.9818)if you have any further questions or if I need to f n her clarify my rationale for the Section 7 changes prior to the public hearing next Tuesday. Thank you and your staff for their continued assistance in this matter. Very truly yours, Dwight A. Shupe cc: Billy Campbell Greg Last Karen Gandy Deborah Drayovitch Carol Kelly Dean Sanderson Tom Allen Jeff Dorriil 011907.00005:0449751.01 - D-13 10*6 7t10i BROCKETTE • DAVIS • DRAKE, inc. consulting engineers CONFERENCE NOTES PROJECT: Sabre-Southlake DATE: July15. 1999 RE B00 Project No. C99201 Meeting was held at the office of TxDOT in Fort Worth. In attendance were: Chuck Humphries, TXDOT and Jim Riley, Broc kett-Davis•Drake, Inc. This meeting was called to discuss the possibility of TxDOT allowing a construction entrancelebt from the site to S.H. 114. Mr. Humphries said an existing clearing(south of the creek)localnd adjacent to the exit ramp for Kirkwood Boulevard would not be allowed by TxDOT. There is another clearing south of the Solana Business Park sign. This clearing could be used for an entrance but k would Ia be allowed for an exit due to its proximity to the Kirkwood Boulevard exit ramp. The temporary construction entrance would have to be constructed per TxDOT standard (300' taper, at least a 500' braking area). The pavement section will be similar to S.H. 114(128 asphalt plus a 6'shoulder). • The overall feeling with TxDOT was not positive about the construction entrancelexiL due to S.H. 114 speedltraffic volume. cc via fax: Jeff e 1 Stewart,Satz (8 7)967-4914 Ron Harper,City of Southlake(817)488-5097 Charles Thomas, City of Southlake(817)48"796 Greg Last,City of Southlake Economic Development(817)488-9370 Kirk Teske,HKS, Inc. (214)989-3397 Mike Beeler,Sunland(214) REC'D J U L 161999 Cirri 3 Structural Enzincenng • Surveying 4144 North Central Expressway. Suite 1100 • Dallas. Texas 7S204 (2t4)824-3647 • Civeel6urvey Fax (214) 824-7064 • Structural Fax (214) 824-2S86 -ID -fN � � W H • �_ i g cnF � a! � k t m LL p z R LOU wi- 13,e 0 12.ri t 5 girt ;gZ ti 6 fps$ m ds do A. on21 II IrJ Z I 3� r \ JI AA J 1 'r t it 0 � . ;5a � m 17)a�U °�S tl s��*�g'�:• �t4 j � �a� i Mill a o o N QQ W n _ z Cf)Z CZ a V }0 — — — — — — — — — — — — — — — — —i— a=j 3 v�o• A W d - --- d \� o e100 CFS e . 01 i . CL s, r r , \ l W H J to S g \ \ \ -7 D— j tQ 6MD'WVO-2152\9M0\Z1SZ\ajged\502t5Zj0\!aid\31 � � e 0a r Y Y allm 00 Oz a 0 U �gKm a Y LU QO a N \ U. ana ''^^ U VJ IL --� I oW1€se _ a L / P. 1 1/ I/ ♦\1 1 1 \1 1 1 \ 1 I_ 1 1 + I I 1 O \\ D o -t-- 6Mp'a�e�V6no�aU1-Z�SZ\9M0\Zt \arges\50ZLS2[0\4odd\}� r ' m IL ...q ►�'� a r I LL, V F n 4 C� rc�ca . � z mLij o � 6 0 � o ea d. �o °• I I I I IL ° R E I tl � I � � 0 \ la' �' t r A1N110� tlYl 9'� ii i b _ r [�gO3� \ c d oil 1 ° i d a r —� 11 \ � j he . � \ od9'a I �\ l is r 1 C 'yS Up•aigs-tinn3sw\6Np awaialay\ajges\Soalg;o\Iojd\.,H r ' City of Southlake, Texas MEMORANDUM July 15, 1999 To: Karen Gandy, Interim Planning Director From: Charlie Thomas, Deputy Director of Engineering Services Subject: Sabre Corporate Campus -TIA The TIA presented by Huitt-Zollars, Inc. for Sabre indicates a need for traffic signals at Kirkwood Boulevard and the frontage roads of SH 114 at the time of occupancy of Phase I. That appears to be a reasonable conclusion. The only question would be is whose responsibility is it to install the traffic signal. The TLA further states that prior to the occupancy of Phase II, the connection of Kirkwood Boulevard to the south to Dove Road should be made. This also appears to be a reasonable conclusion but would require the construction of Dove Road to its ultimate section from Kirkwood Boulevard to SH 114. It is recommended that Sabre plan to add a westbound left turn lane in the median of Kirkwood Boulevard to line up with the three lanes under the SH 114 bridge. The benefit of the left turn lane would be to Sabre only. If you have any questions, call me. A Charlie Tho , P.E. CC: Ron Harper, Director of Engineering Services REC'D J U L 1 5" 1999 r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-313 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 LEGALLY DESCRIBED AS LOT 4, BLOCK A, MTP-IBM ADDITION NO. 1, AN ADDITION TO THE CITY OF SOUTHLAKE, ACCORDING TO THE PLAT RECORDED IN VOLUME 388/211, PAGE 68 AND 69 OF PLAT RECORDS, TARRANT COUNTY, TEXAS AND AS RECORDED IN CABINET G, PAGE 208, PLAT RECORDS, DENTON COUNTY, TEXAS; TRACTS 1, 1A1, 1C, 2A1, 2A2, 2A3, 2A4, 2A5, 2A7, AND PORTIONS OF TRACTS 2A AND 2A6 SITUATED IN THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015;PORTIONS OF TRACTS 1 AND 1C SITUATED IN THE JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134; AND PORTIONS OF TRACTS 3A1, 3AIA, 3A1A2, 3A3A1, 4B, 4B1, 4B2, SITUATED IN THE REES D. PRICE SURVEY, ABSTRACT NO. 1207, BEING APPROXIMATELY 154.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND IINR- PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "0-2," OFFICE DISTRICT USES AND CERTAIN OTHER PERMITTED AND ACCESSORY USES WHICH ARE GENERALLY RELATED TO COMMUNICATION, COMPUTER, AND INFORMATION TECHNOLOGIES; TRAINING AND CONFERENCE CENTERS; PARKING STRUCTURES; HELIPORT/STOP AND VERTI- PORT/STOP; HOTEL, RESTAURANT, RETAIL AND OFFICE USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 LACITYDOMORDWASM480J 13.DOC Page 1 -7D -70 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 "R-PUD" Residential Planned Unit Development District and "NR-PUD" Non-Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise 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;p g are; effect on light and air; effect on the over-crowding L:\CITYDOCS\ORD\CASES%30-313.DOC Page 2 -TD -21 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, safe and welfare of the community. safety tY LACITYDOMORMAS EM484313.DOC Page 3 -7 D 22 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, safe and welfare of the community. safety ty L:\CITYDOCS\ORD\CASFS\6811313.DOC Page 3 D -z3 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 Lot 4, Block A, MTP-IBM Addition No. 1, an addition to the City of Southlake, according to the plat recorded in Volume 388/211, Page 68 and 69 of Plat Records, Tarrant County, Texas and as recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas; Tracts 1, lAl, 1C, 2A1, 2A2, 2A3, 2A4, 2A5, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and 1C situated in the James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3A1, 3AlA, 3A1A2, 3A3A1, 4B, 4B1, 4B2, situated in the Rees D. Price Survey, Abstract No. 1207, and being (awl, approximately 154.8 acres,and more fully and completely described in Exhibit "A" from "R-PUD" Residential Planned Unit Development District and "NR-PUD" Non-Residential Planned Unit Development District to "NR-PUD" Non-Residential Planned Unit Development District with "0-2," Office District uses and certain other permitted and accessory uses which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses as depicted on the approved Concept Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 L:\CITYDOCS\ORD\CAS FS%480-313.DOC Page 4 -7 n 2,q 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 L:\CITYDOCS\ORD\CASES\480-313.DOC Page 5 �D-ZS 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 S. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a 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. L%CITYDOCS\0RD\CASESWW313.DM Page 6 � D -?,� 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 , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCS\ORMCAS FSWO-311 DOC Page 7 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: LACITl DOMORDTASFSW30-313.DOC Page 8 -7 L) EXHIBIT "A" LAND DESCRIPTION TRACT No.2 BEING a tract of land situated in the J. B. Martin Survey,Abstract No.1134,the R D.Price Survey, Abstract No. 1207, W.Medlin Survey,Abstract No. 1958,and the U.P.Martin Survey,Abstract No. 1015,Tarrant County,Texas,and the W. Medlin Survey,Abstract No. 1588 Denton County,Texas, and being all of Lot 4,Block A of the MTP-IBM Addition No. 1,an addition to the City of Southlake, Tarrant County,Texas,as recorded in Volume 3880-11,Page 68 and 69 of Tarrant County Plat Records and recorded in Volume G,Page 208 of the Plat Records of Denton County,Texas,and being a portion of a tract of land as described in the Correction Special Warranty Deed to Intemational Business Machines Corporation as recorded in Volume 13247,Page 317 of the deed records of Tarrant County,Texas,and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp.as recorded in Volume 12782,Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found with"Huitt-Zollars"cap on the southerly platted right-of- way line of Kirkwood Boulevard(formerly Parkway Boulevard) 131 foot right-of-way,said iron rod being at the most southerly southwest comer of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Kirkwood Boulevard as follows: North 63 degrees 15 minutes 25 seconds East,a distance of 32.25 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds,a radius of 1,419.50 feet,an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East,a distance of 598.04 feet to a 5/8 inch iron rod found with"Huitt- Zollars"cap; North 87 degrees 34 minutes 40 seconds East,a distance of 137.89 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap at the southeast comer of said MTP-IBM Addition No. 1; THENCE,along the easterly line of said MTP-IBM Addition No. 1,North 00 degrees 09 minutes 22 seconds West,a distance of 131.53 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap on the platted northerly right-of-way line of Kirkwood Boulevard and being the beginning of a non-tangent curve to the right; THENCE,along said curve to the right,with a central angle of 73 degrees 12 minutes 27 seconds,a radius of 10.00 feet,an arc distance of 12.78 feet,a long chord that bears North 39 degrees 01minutes 39 seconds West.a distance of 11.93 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap on the easterly right-of-way line of East T.W. King Road(a variable width right-of-way); THENCE along the easterly right-of-way line of said East T.W. King Road as follows: 1 Sarvcyt231i0c.y15 CB%DY.Joc l OF8 �7N9 L:1CrrY[lOCS10RD\CASESt480.313.DOC �9 P D—�� ate E GMI T "A" North 02 degrees 25 minutes 20 seconds West,a distance of 95.63 feet to a 5/8 inch iron rod found mith"Huitt-Zollars"cap the beginning of a curve to the left; Along said curve to the left,with a central angle of 15 degrees 44 minutes 31 seconds,a radius of 610.00 feet,an arc distance of 167.60 feet,a long chord that bears North 10 degrees 17 minutes 35 seconds West,a distance of 167.07 feet a 5/8 inch iron rod found with"Huitt- Zollars"cap; North 18 degrees 09 minutes 51 seconds West,a distance of 3.34 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap the beginning of a curve to the left; Along said curve to the left,with a central angle of 54 degrees 27 minutes 17 seconds,a radius of 474.00 feet,an arc distance of 450.50 feet,a long chord that bears North 45 degrees 23 minutes 30 seconds West,a distance of 433.73 feet a 518 inch iron rod found with"Huitt Zollars"cap; North 72 degrees 37 minutes 08 seconds West,a distance of 404.43 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap at the beginning of a curve to the right; Along said curve to the right,with a central angle of 55 degrees 00 minutes 00 seconds,a radius of 406.00 feet,an arc distance of 389.73 feet,a long chord that bears North 45 degrees 07 minutes 08 seconds West,a distance of 374.94 feet to a 518 inch iron rod found with"Huitt- Zollars"cap at the beginning of a curve to the right; Along said curve to the right,with a central angle of 08 degrees 58 minutes 48 seconds,a radius of 1,406.00 feet,an arc distance of 220.36 feet,a long chord that bears North 13 degrees 07 minutes 44 seconds West,a distance of 220.13 feet to a 5/8 inch iron rod found with"Huitt- Zollars"cap; THENCE,departing the easterly right-of-way line of said East T.W.King Road,along the northerly and easterly lines of said Lot 4,Block A,the following; North 88 degrees 17 minutes 12 seconds East a distance of 80.85 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap; South 00 degrees 12 minutes 32 seconds West,a distance of 220.18 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap; South 31 degrees 05 minutes 05 seconds East,a distance of 50.00 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap; South 63 seconds 57 minutes 48 seconds East,a distance of 359.25 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap; l:%--r21I_84k-9�75I.8.Nor *c 2 OF$ L%CrrrMX.V\0RMC,SES%0G.313.MX -7 D- 3 0 hge 10 EXHIBIT "A" South 89 degrees 47 minutes 28 seconds East,a distance of 79.66 feet to a 518 inch iron rod found with cap in the west line of A.F.Olen tract,as described by deed Volume 4823,Page 575.Deed Records,Tarrant County,Texas; South 00 degrees 12 minutes 32 seconds West,along the west line of said Olen Tract,a distance of 43.43 feet to a fence comer at the southwest comer of said Olen tract; North 89 degrees 42 minutes 23 seconds East,along the south line of said Olen tract,a distance of 479.25 feet to a Corps of Engineers concrete monument found for the southeast comer of said Olen tract,the same being the southwest comer of a tract of land as described by deed to C.R.Revels as recorded in Volume 86,Page 557,Deed Records,Tarrant County,Texas; THENCE along the southerly line of said C.R.Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East,a distance of 660.05 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East,a distance of 1132.28 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; South 01 degree 09 minutes 16 seconds East,a distance of 651.54 feet to a 3/4 inch iron rod found; North 89 degrees 56 minutes 04 seconds East,a distance of 333.16 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap in the westerly right-of-way line of White Chapel Road(50 feet wide right-of-way); THENCE,along the westerly right-of-way of White Chapel Road,South 02 degrees 11 nunutes 25 seconds East,a distance of 85.06 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap at the northeasterly comer of a tract of land as described in Special Warranty Deed to the City of Southlake as executed on April 28, 1998; THENCE,South 89 degrees 56 minutes 04 seconds West,departing the westerly right-of-way line of said White Chapel Road and along the northerly line of said City of Souddake tract,a distance of 114.99 feet to a 5/8 inch iron rod set with"Huitt-Zollae cap at the now comer of said City of Southlake tract; THENCE,South 00 degrees 03 minutes 56 seconds East,along the westerly line of said City of Southlake tract,a distance of 100.00 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap at the southwesterly corner of said City of Southlake tract; THENCE.South 06 degrees 07 minutes 22 seconds West,a distance of 263.21 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; J:%-vTY01r64%.PkU12MOYdw 3 OFS srs�sa UCrrYD0CS%0MCAS ES%4W 3I3.DOC PWlt �1 D-3 I EXHIBIT "A" THENCE.South 02 degrees 25 minutes 42 seconds East,a distance of 16037 feet to a 518 inch iron rod set with"Huitt-Zollars"cap on the easterly top of bank of South Fork Kirkwood Branch, THEI\CE,generally along the easterly and southerly top of bank of said creek the following courses and distances: South 46 degrees 28 minutes 21 seconds East a distance of 81.99 feet; South 42 degrees 41 minutes 23 seconds West a distance of 92.21 feet; South 29 degrees 21 minutes 54 seconds West a distance of 106.36 feet; South 16 degrees 11 minutes 08 seconds West a distance of 148.69-fees; South 03 degrees 24 minutes 13 seconds West a distance of 168.53 feet; South 45 degrees 59 minutes 11 seconds West a distance of 74.72 feet; South 05 degrees 31 minutes 46 seconds West a distance of 52.64 feet; South 63 degrees 16 minutes 32 seconds East a distance of 53.47 feet; South 08 degrees 05 minutes 54 seconds West a distance of 38.62 feet; South 85 degrees 28 minutes 32 seconds West a distance of 48.87 feet; South 05 degrees 31 minutes 46 seconds West a distance of 196.76 feet; South 41 degrees 44 minutes 24 seconds West a distance of 43.62 feet; South 32 degrees 52 minutes 05 seconds East a distance of 91.58 feet; South 83 degrees 49 minutes 21 seconds East a distance of 36.19 feet; North IS degrees 36 minutes 10 seconds East a distance of 58.44 feet; South 73 degrees 59 minutes 03 seconds East a distance of 36.34 feet; South 18 degrees 26 minutes 43 seconds East a distance of 87.49 feet; South 19 degrees 22 minutes 15 seconds West a distance of 40.53 feet; South 61 degrees 25 minutes 48 seconds West a distance of 99.80 feet; South 08 degrees 36 minutes 22 seconds East a distance of 198.28 feet; F.lSrvryttSI7M.Y12512t.WY.�oe 4 of$ L!M f EXHIBIT "A" North 70 degrees 42 minutes 42 seconds East a distance of 47.08 feet; South 22 degrees 16 minutes 43 seconds East a distance of 12.87 feet; South 32 degrees 05 minutes 51 seconds West a distance of 60.69 feet; South 30 degrees 18 minutes 36 seconds East a distance of 27.12 feet; South 43 degrees 10 minutes 57 seconds West a distance of 48.11 feet; THENCE,departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 95.86 feet to the southeasterly top of bank of said creek; THENCE,South 21 degrees 49 minutes 50 seconds East along the southeasterly top of bank a distance of 51.02 feet to the beginning of a non-tangent curve to the right having a radius of 1,572.00 feet; THENCE,departing the southeasterly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds,an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for comer, THENCE,South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for comer, , THENCE,South 35 degrees 06 minutes 11 seconds East a distance of 79.67 feet to a 518 inch iron rod set with"Huitt-ZoUats"cap on the platted northwesterly line of Kirkwood Hollow Phase I,an addition to the City of Southlake,as recorded in Cabinet A,Slide 4537 of the Deed Records of Tarrant County,Texas,and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE,South 56 degrees 24 minutes 01 seconds West along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for comer in the centerline of South Fork Kirkwood Branch; THENCE,generally along the centerline of said branch the following courses and distances: South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for comer, South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for comer, South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for comer, South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for comer, South 69 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for comer, J:%S...,kaIMAN p%23128MDY.bo 5 of$ s� L-%CrrYD0CSI0RD%CASES\4W313.D0 Pap 13 t EXED31T -A- South 66 degrees 26 minutes 53 seconds West a distance of 31.90 feet to a point for comer, South 45 degrees 09 minutes 44 seconds East a distance of 17.42 feet to a point for comer, South 76 degrees 54 minutes 57 seconds East a distance of 36.92 feet to a point for comer, South 20 degrees 45 minutes 22 seconds West a distance of 40.45 feet to a point for comer, South 30 degrees 23 minutes 01 second West a distance of 72.88 feet to a point for comer, South 53 degrees 13 minutes 24 seconds West a distance of 99.78 feet to a point for comer, South 62 degrees 06 minutes 48 seconds West a distance of 87.11 feet to a point for corner, South 58 degrees 29 minutes 32 seconds West a distance of 51.51 feet to a point for comer; North 85 degrees 07 minutes 51 seconds West a distance of 53.55 feet to a point for comer, South 76 degrees 52 minutes 54 seconds West a distance of 38.97 feet to a point for comer, r North 67 degrees 16 minutes 38 seconds West a distance of 56.75 feet to a point for comer, South 55 degrees 38 minutes 19 seconds West a distance of 11.38 feet to a point for comer on the proposed easterly right-of-way line of State Highway No. 114; THENCE,along the proposed easterly right-of-way line of State Highway No. 114 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument,found; North 47 degrees 50 minutes 42 seconds West,a distance of 101.98 feet to a Texas Highway Department concrete monument,found; North 36 degrees 32 minutes 04 seconds West,a distance of 500.00 feet to a Texas Highway Department concrete monument,found; North 32 degrees 14 minutes 44 seconds West,a distance of 200.56 feet to a 518 inch iron rod found with"Huitt-Zollars"cap; North 36 degrees 32 minutes 05 seconds West,a distance of 199.81 feet to a Texas Highway Department concrete monument,found; North 42 degrees 14 minutes 23 seconds West,a distance of 201.18 feet to a Texas Highway Department concrete monument,found; Jrs.Kywira.VQ'sixenora« 7 OF8 t�,t5 , S EXHIBIT "A- North 36 degrees 3)2 minutes 05 seconds West,a distance of 702.91 to a 5/8 inch iron rod set with"Huitt-Zollars"cap on the existing easterly right-of-way line of State Highway No. 114; THENCE,along the existing easterly right-of-way line of said highway as follows: North 18 degrees 59 minutes 38 seconds West,a distance of 112.97 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap; North 32 degrees 06 minutes 29 seconds West,a distance of 430.57 feet to a 518 inch iron rod found with"Huitt-Zollars"cap; North 29 degrees 36 minutes 27 seconds West,a distance of 232.63 feet to a 5/8 inch iron rod found with"Huitt-Zollars"cap at the beginning of a curve to the left; Along said curve to the left,with a central angle of 06 degrees 26 minutes 28 seconds,a radius of 1,452.40 feet,an arc distance of 163.28 feet,a long chord that bears North 32 degrees 49 minutes 41 seconds West,a distance of 163.19 feet to a 5/9 inch iron rod found with"Huitt-Zollars"cap at the beginning of a reverse curve to the right; Along said curve to the right,with a central angle of 99 degrees 18 minutes 20 seconds,a radius of 90.00 feet,an arc distance of 155.99 feet,a long chord that bears North 13 degrees 36 minutes 16 seconds East,a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 154.8 acres of land,more or less. 1:•S+,Y331P01%rp2S128NDY.Joc 8 OF 8 UTff Y DO�CASFS480-313.D0C Pale 16 EXHIBIT "B" 9•� z MR •�1!j a, a W li �Ozijl Z LIJ f .tl.]bi]S h].�3Ws YY i p^ • § .! , 1si� a •ya,� � _ .. _-- . — . .— F9 _ 4 I\ 14 F a n• OS it \\SLKSV 1001\SHARED\Cn'Y ROCS\ORD\CASES\480-313.DOC Page 17 ��' EXHIBIT "B" Exhibit"B"to Ordinance No PUD Development Standards SABRE Non Residential Planned Unit Development 1. PURPOSE. A. The purpose of this SABRE Non Residential Planned Unit Development Ordinance No. is to facilitate the development of a high quality, controlled access, master planned headquarters for a major corporate user such as a "Fortune 500" company. The PUD includes approximately 154.8 acres as described on Exhibit"A"to the PUD and as shown on the Concept Plan attached as Exhibit"B-1"hereto. B. It is anticipated that the Property will be developed as a secure (i.e., controlled access) "campus style" corporate headquarters. Security may include a full perimeter fence with a combination of attended or automatic access controls. Emergency access will be provided as required by the City's Fire Marshal. Access design will include adequate areas to accommodate vehicles that inadvertently approach the Property and must turn around without entering. C. It is anticipated that the Property will be developed to include a private boulevard designed to the City's construction standards for an "A4D arterial" with the exceptions that (i)landscape medians may be left natural rather than irrigated;(ii)the six-foot bike lane will not be required; (iii)the City's driveway ordinance will not apply; and (iv)the design speed and geometry will be determined by the Property owner consistent with the "campus style" atmosphere of the development(with a minimum design speed of 25 mph). The details of private street design(including design speed,geometry,and access to public streets)will be provided is part of each site plan. Maintenance of the private streets(to public street standards)will be`the sole responsibility of the Property owner. D. It is anticipated that a portion of existing Kirkwood Boulevard (from SH-114*.to the boundary of the Property) and a portion of existing T.W. King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. i) will both be abandoned and closed for public use after the first phase of the development is ready for occupancy. Notwithstanding the foregoing, however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" T.W:King Road. Such emergency access will be the same as required by the City's Fire Marshal.`_Public use of"old"T.W.King Road west of said Tract 2 will continue. E. The primary access from the Property to public streets will be provided by the private streets shown on the Concept Plan;however,no employee access shall be permitted through the access road to White Chapel Road. Emergency(including police, fire,ambulance,and utilities) and security access to the Property may be provided by the access road to White Chapel Road (also shown on the Concept Plan). It will also be necessary to use the White Chapel access road for construction access for a limited period of six months after the first to occur of(i)the issuance by the City of a building permit for the first phase of the office development or(ii)the issuance by the City of a building permit for the bridge over the North Kirkwood Branch. This time period may be extended by the City Council, in its reasonable discretion, upon a showing that an extension is necessary due to circumstances beyond the reasonable control of the Property owner. 1 Zoning Cats No. Z9" REVISED JrJy M lill�f 011907.00003 0435047.12 41QTY DOMORDWASEPAID-313.DOC Pate 18 -70-3 8 r EXHIBIT "B" The Property owner agrees to commence construction of the North Kirkwood Branch bridge on or before the date it commences construction of the first phase of the office development. F. The Property will be developed to include the dedication to the City of approximately 3.61 acres for a public park along the southeastern boundary of the Property adjacent to the South Fork of Kirkwood Branch(as shown on the Concept Plan). The dedication will reserve the right (but not the obligation)to maintain and landscape such park area at the Property owner's expense and the right to review the design of any improvements to be located or constructed within such park area. The Property owner will be responsible for the reasonable costs and expenses to (i)complete the engineering design of a trail within the dedicated park area and(ii)design and construct a pedestrian bridge within the dedicated park area to provide access across the South Kirkwood Branch. The City will include such park dedication in its regional trail system plan, and(except as provided above)the City will be responsible for the construction and maintenance of all improvements. All improvements will be designed to take maximum advantage of the natural topography and to minimize the impact on all trees. G. It is anticipated that the Property will be developed to include open space amenities for employees,visitors and customers such as trails,parks and other pedestrian-oriented areas. These amenities will be designed to take maximum advantage of the natural topography of the Property and to minimize the impact on all trees. These amenities will also be designed to be architecturally compatible with both the natural environment in which they are located and the buildings they serve. Details regarding these amenities will be provided as part of each site plan. QW Because these amenities serve only "private" development within the Property, a formal Pedestrian Access Plan is not required. H. In addition to open space amenities for employees,visitors and customers,the Concept Plan identifies Natural Areas around the full perimeter of the Property. These Natural Areas, together with the dedicated parkland,will buffer the Property from adjacent development. 2. DEFINITIONS. For purposes of this SABRE Non Residential Planned Unit Development,the following terms are hereby defined: A. "Applicable City Ordinances" means the ordinances of the City, as amended, that regulate the development and use of land within the City including, but not limited to,Zoning Ordinance No.480 and the Uniform Building Code. B. "Buildable Area"means all of the following areas(as shown on an approved final plat or approved site plan): (i)the"footprint"of each building or structure,(ii)the area within six fat of each building or structure foundation, (iii)public and private rights-of-way, (iv)public and private utility and drainage easements;(v)fire lanes,and(vi)all parking areas(including parking areas that exceed required parking). C. "City"means the City of Southlake,Texas D. "Concept Plan"means the concept plan attached as Exhibit B-1 to the PUD. E. "Natural Area"means those areas(as shown on the Concept Plan)that will be preserved as permanent open space to buffer the Property from adjacent development. F. "Pro e "means the real property described on Exhibit A to the PUD. 2 Zoning Can No.ZA99-056 REVISED JrM1`lff9 011907.000054835M.12 l.cWM DOMORD\CASEM480-313MOC Poe 19 ID-319 EXHIBIT "B" G. TILQ-ds"means the development standards established by Exhibit B to the PUD. H. "PUD" means this SABRE Non Residential Planned Unit Development zoning district, Ordinance No. ,including Exhibits A,B,B-1,and C attached hereto. Except as defined above, all terms used in this PUD shall have the meaning given to them by the Applicable City Ordinances. 3. DEVELOPMENT STANDARDS. The requirements of this Exhibit'B"(including the Concept P Plan) constitute the PUD Standards that apply to the Property and pursuant to which all development within the Property shall occur. To the extent any aspect of development is regulated by these PUD Standards, it is the intent that these PUD Standards shall be exclusive. For example, the landscape standards set forth herein shall be the only landscape standards that apply to the Property. If these PUD Standards do not regulate a particular aspect of development,then such particular aspect of development shall be regulated by reference to those provisions of the Applicable City Ordinances that would otherwise apply to the "0-2 Office" zoning district, as amended. In the event of any conflict, inconsistency or ambiguity between the PUD Standards and the Applicable City Ordinances, the PUD Standards shall control. If an amendment to any Applicable City Ordinance results in any non-conformity within the Property,such non-conformity may be continued indefinitely,as a matter of right,and shall be treated(for all purposes)as a legal use of the Property to the same extent as if the non-conformity had never existed. 4. CONCEPT PLAN. The PUD is being processed with the Concept Plan attached hereto as Exhibit"B-1" and incorporated as part of the PUD for all purposes. The Concept Plan identifies (i)specific Natural Areas within which development is restricted,(ii)the approximate location of major private streets, and (iii)the area within which parking structures will most likely be located. The remainder of the Property will be available for development in accordance with these PUD Standards and the Applicable City Ordinances. All development within the Property must be consistent with the Concept Plan. In the event of any conflict or inconsistency between the PUD Standards and the Concept Plan, the PUD Standards shall control. Except as provided below, substantive changes to the Concept Plan shall be considered a zoning change to the PUD and shall be processed and approved in accordance with the Applicable City Ordinances. Notwithstanding the foregoing,however,the exact configuration of the private streets shown on the Concept Plan may be changed to accommodate the final design speed and geometry selected by the Property owner without such change constituting a zoning change to the PUD. Any such change based on the final selected design speed and geometry shall be provided as part of each site plan. Information contained on the Concept Plan that applies to land outside the Property is not part of the PUD and is provided for informational purposes only. 5. DEVELOPMENT PLANS. The development of each portion,section or phase of the Property must be in accordance with a development plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of development plans, and there shall be no minimum area for a development plan. Except as hereinafter provided, development plans shall not require additional or updated traffic impact analyses unless the cumulative total floor area proposed for development within the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing, however, if the original traffic impact analysis does not address full build-out or does not include traffic conditions for interim phases of development, then the City may require an updated traffic impact analysis with each development plan. Once approved,a development plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept and then constructed in phases. The City recognizes that it is not feasible and is unrealistic to require a highly detailed 3 Zoning Case No.ZA99.06 REVISED J 011907.00005..'0435N7.12 LACrrY DOMORMCASESWO313.DOC Page 20 fi EXHIBIT "B" development plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. The PUD, which is based on the Concept Plan, reflects only zoning approval of a basic concept and may not be implemented until full development plan approval for each portion,section,or phase has been granted;however,the approval of the Concept Plan entitles owners of the Property to rely on, and implement by subsequently approved development plans, the type, intensity, and density of uses set forth in the approved Concept Plan. Each development plan must be in substantial conformance with the approved Concept Plan. Amendments to approved development plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved development plans, shall be processed and approved in accordance with all Applicable City Ordinances;otherwise,such amendments shall be processed as a zoning change to the PUD. 6. SITE PLANS. The development of each portion, section or phase of the Property must be in accordance with a site plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of site plans, and there shall be no minimum area for a site plan. Except as hereinafter provided, site plans shall not require additional or updated traffic impact analyses unless the total cumulative floor area proposed for development of the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing,however,if the original traffic impact analysis does not address full build out or does not include traffic conditions for interim phases of development, and if an updated traffic impact analysis was not required as part of the approved development plan, the City may require an updated traffic impact analysis with each site plan. Once approved, a site plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept,to then have development proceed though a series of phased development plans,and finally to have construction proceed through a series of phased site plans. The City recognizes that it is not feasible and is unrealistic to require a highly detailed site plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. Each site plan must be in substantial conformance with the approved development plan. Amendments to approved site plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved site plans, shall be processed and approved in accordance with all Applicable City Ordinances;otherwise,such amendments shall be processed as a zoning change to the PUD. 7. USES. A. Permitted Principal Uses. 1. The intent of this PUD is to permit the broadest range of "high-tech" uses to accommodate future technology changes in the fields of computer technology, information technology, data and information processing, and all services related thereto. The City recognizes, however, that future technology changes may occur beyond those that can be described in the PUD Standards. The Administrative Official of the City shall be authorized to interpret the following uses to accommodate future technology changes so as to achieve the intent of the PUD. 2. The PUD shall permit those principal uses set forth in the"0-2,"Office District,Section 19,of the Comprehensive Zoning Ordinance,as amended. 3. The PUD shall also permit "parking structures" and "private streets/alleys/drives (including gated/restricted access entry points"as principal uses. 4 Zoning Case No.ZA99456 ' REVISED!4r 5 /.12 011907.00005:0135047.12 L:\CITY DOCS\OMCASESNUO-313.1)OC Page 21 '7 \J - f / ' EXHIBIT "B" 4. The PUD shall also permit "hotel" and "restaurant (with or without outside dining)" as principal uses if approved by a Special Use Permit pursuant to Section 45 of the Zoning Ordinance,as amended. 5. The PUD shall also permit the following additional principal uses; subject, however to the condition that no certificate of occupancy shall be issued for any of such additional principal uses until at least 400,000 square feet of office space within the Property is occupied and being used as a corporate headquarters: • Communications facility, including, but not limited to, facilities that utilize satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, and all related hardware,software and services. All satellite dishes,antennas,radio towers,and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon(and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures;or,if located outside a building,must be screened from view from all public roads.The location of all such equipment(including screening, as applicable)will be provided with each site plan. • Computer technology facility (including, but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse./storage of computer hardware, software, and related services). • Conference center. • Data/information processing center. • Information technology facility, including, but not limited to, facilities for research, development, marketing, sales and service, leasingtrental, maintenance and repair, distribution, and warehouse/storage of information technology hardware, software, and related services. • Training center. B. Accessory Uses. All accessory uses (including those described in subsections "C" and "D" below) must be operated principally for the development of or use of the Property as a corporate headquarters and must be operated principally to serve or benefit tenants,employees, guests,visitors and customers within the Property. The PUD shall permit those accessory uses set forth in Section 34 of the Zoning Ordinance, as they apply to the"0-2", Office District, as amended. Except as otherwise provided by these PUD Standards, accessory uses must comply with Section 34 of the Zoning Ordinance,as amended. In addition,the following accessory uses shall be permitted: • Covered pedestrian walkways. • Footbridges(designed to meet minimum NCTCOG standards). • Communication equipment,including,but not limited to,satellite dishes,antennas,radio towers, fiber optic lines, telecommunications equipment, etc. All satellite dishes, antennas,radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon (and none of such equipment may be sold or leased to third parties outside the PUD). All 5 Zoning Caw No.ZA99-036 REVISED heir I[Ifs/ 011907.00003A433047.12 I_\CITY D0CSWRD\CA3ESW$0-313.D0C PWM -7D ,,qZ EXHIBIT "B" such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment(including screening,as applicable)will be provided with each site plan. • Utilities(including,but not limited to,utility buildings and structures,utility distribution lines, utility shop and storage, electric transformers, electric substations, telephone, electric, cable, and fiber optic switching stations, water and sewage pumping stations (above and below grade), water storage tanks and pumping systems (elevated or above grade),and water,sewer,electric,and gas meters). C. Accessory Uses Within Principal Use Buildings. The following accessory uses shall only be allowed within the same building as a permitted principal use without regard to the floor area of such accessory uses: • Banks and financial institutions(including ATMs). • Beauty parlor/barbershop. • Day nursery or equivalent child care facility. • Drug store. • Specialty retail. • Health club/gymnasium. • Job printing,lithography,printing,or blueprinting. • Laundry/dry cleaning(drop/pick). • Mailing service(private). • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Newsstand. • Post office(governmental). • Printing,engraving and related reproductive services. • Quick copy/duplicating services. • Recycling collection and/or storage. • Restaurant,cafe,cafeteria,or dining facility(with or without outside dining). • Security guard quarters. • Shoe repair. • Stationery and/or book store. • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Warehouse/storage(inside). D. Accessory Uses on Separate Building Sites. The following accessory uses shall be allowed on a separate building site without regard to the floor area of such accessory uses; 6 Zoning Cm No.ZA99-056 REVISED Idr 14L It" 011907AW0433047.12 L:UM VOcS%oRMCASFSW$D-313.DOC Page 23 ��-y3 EXHIBIT "B" provided, however,none of the following accessory uses shall be allowed as a principal use. In addition, no certificate of occupancy shall be issued by the City for any of the following accessory uses until (i) certificates of occupancy have been issued by the City for one or more principal use buildings that contain (in the aggregate) at least 400,000 square feet of floor area; and(ii)at least 400,000 square feet of such principal use floor area are occupied and used as a corporate headquarters: • Community facilities uses: a. private parks; b. recreational and open space to include playgrounds,parkways,greenbelts,ponds and lakes, botanical gardens, nature centers, bird and wildlife sanctuaries, pedestrian paths,bicycle paths,and equestrian bridal trails; C. athletic, health, and sport facilities to include gyms, aerobic centers, spas, swimming pools,athletic fields,and sport/tennis courts;and d. other uses of a similar nature and character. • Day nursery or equivalent child care facility. • Health club/gymnasium. • Heliport/verti-port if located at least 1,000 feet from (i) any residentially zoned lot and (ii) any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however, to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing that any such heliport/verti-port is "private" and not available for any public use. Unless otherwise approved by the City Council,the combined number of individual take offs and landings (including helistop/verti-stop trips) shall be limited to 20 per calendar month, and the owner of the Property shall keep records which the City may review at any time. Notwithstanding the foregoing,however,the right to continue this use may be terminated by the City Council if the FAA(or any other federal governmental authority)takes any action that would preempt (or otherwise render invalid or ineffective) the take off and landing flight path limitations set forth above. • Helistop/verti-stop port if located at least 1,000 feet from(i) any residentially zoned lot and(ii)any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however, to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing that any such helistop/verti-stop is "private" and not available for any public use. Unless otherwise approved by the City Council,the combined number of individual take offs and landings (including heliport/verti-port trips) shall be limited to 20 per calendar month, and the owner of the Property shall keep records which the City may review at any time. 7 Zoning Case No.7A99-056 REVISED ldrA1999 0 11907.00M. 435047.12 L:\CITY DOC MAMCASEM8Q3l3.DOC Page 24 I D -qq • f EXHIBIT "B" Notwithstanding the foregoing,however,the right to continue this use may be terminated by the City Council if the FAA(or any other federal governmental authority)takes any action that would preempt (or otherwise render invalid or ineffective) the take off and landing flight path limitations set forth above. • Maintenance equipment storage(outside/screened). Such storage shall be limited to use by the owners of the Property and occupants or users of improvements located thereon. No storage will be provided to any person or business located outside the Property. • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Restaurant,cafe,cafeteria,or dining facility(with or without outside dining). • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Temporary construction materials storage(for each phase of development,limited to the time during which active construction is ongoing and for a period of 30 days thereafter). • Temporary construction office(for each phase of development,limited to the time during which active construction is ongoing and for a period of 30 days thereafter). 8. DEVELOPMENT REGULATIONS. A. Height 1. Buildings. Except as provided below,(a)no principal use building shall exceed six (6) stories above grade, nor shall it exceed ninety (90) feet in height; and (b) no accessory use building shall exceed three (3) stories above grade, nor shall it exceed forty-six(46)feet in height. 2. Structured Parking. Except as provided below,no parking structure shall exceed six(6)levels above grade,nor shall it exceed sixty(60)feet in height. 3. Architectural Features. Architectural features (i.e., portions of buildings or structures not intended for occupancy)which are integral to the architectural style of the building or structure(including spires,belfries,towers,cupolas,domes,feature walls and similar features) shall not exceed fifty (50) feet above the height of the building; if freestanding,they shall not exceed one hundred forty(140)feet in height;and both(i.e., roof-mounted and freestanding architecture features)shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 4. Special Equipment. Mechanical equipment, penthouses, ventilation equipment, satellite dishes, antennas;cooling towers, and other similar equipment shall not exceed the actual height of the building by more than twenty-five(25) feet, must be screened, must be integral to the building,and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 5. Pitched Roofs. The height of a building(regardless of building size)with sloped or pitched roofs shall be measured to a point 15 feet above the highest occupied floor level. The high point of the sloped roof may exceed the height limitations set forth above (i.e.,maximum ninety(90)feet)by up to thirty-five(35)feet to allow up to a maximum 8 Zoning Can No.ZA99-056 REVISED Jrb1&1999 011907.00005;0435047.12 L V!IW.0QtAWADXCASESW80-313.noc pwu ^' qC a EXHIBIT "B" height of one hundred twenty-five (125) feet and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. All measurements shall be from grade,as defined by Ordinance No.480,Section 4.2. B. Setbacks 1. Front Yard. Except as provided below,the minimum front yard setback shall be 30 feet;however,up to 10%of the area of any building fagade may extend up to 15 feet into any required front yard to accommodate building articulation design requirements. Short term visitor and customer parking shall be allowed in required front yards. No front yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 2• Side Yard. Except as provided below, there shall be no minimum side yard setback. No side yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 3. Rear Yard. Except as provided below, the minimum rear yard setback shall be 10 feet. 4. Residential Proximity Slone. Notwithstanding the minimum setbacks set forth above, buildings within 400 feet of property zoned for single family uses shall have a minimum setback from the property line adjacent to such single family property of 40 feet or a distance that will not cause any building to exceed a height produced by a 4:1 slope line from the single family property(as contained in Section 43.13(h)of the Zoning Ordinance),whichever produces the greater setback. 5. S.H. No. 114. Notwithstanding the setbacks set forth above, the minimum setback along SH-114 shall be 50 feet. 6. Projections. Every part of a required yard shall be open to the sky,unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding 48 inches. 7. Accessory Bui_ldin¢S. Accessory buildings may be located anywhere within the Property(but not within any required setback). 8• Measurement of Setbacks. Setbacks shall apply to all private streets within the Property and shall be measured from the right-of-way line(whether established by platted lot,easement,or other instrument). C. Maximum Lot Coverage. The maximum lot coverage for all buildings (excluding parking structures)shall not exceed 50%of the total area of the Property. D. Maximum Impervious Coverage. The maximum impervious coverage shall not exceed 65%of the total area of the Property. E. Floor Area. There shall be no maximum floor area ratio for any improvements;however, the maximum total floor area within the Property (being the combination of floor area for all principal uses and accessory uses but excluding parking structures)shall be limited to 3.5 million square feet. 9 Zoning Case No.ZA99-M REVISED A&16,1f99 011907.0000S.0435047.12 LACrrY D0CS\0RD\CASM4W313.D0C Page 26 'ID-0 " A EXHIBIT "B" 9. PARKING/LOADING. A. Parking Snaces Re ...—d. At least one parking space shall be provided for each 300 square feet of"principal-use" floor area developed within the Property. No additional spaces shall be required for any accessory use floor area. B. Location of Parkin Snaces. All required parking spaces shall be located within the Property; however no parking shall be allowed within the Natural Areas shown on the Concept Plan. C. Parkin¢Space Size. All parking spaces shall be at least 8%: feet wide and 18 feet long. Structural columns within any parking structure may project into the perimeter of "head-in" parking spaces up to one half the cross-sectional area of the column. D. Off-Street I oading/Service Areas. At least one off-street loading/service area shall be provided for each 200,000 square feet of"principal-use"floor area developed within the Property. No additional area shall be required for any accessory use floor area. Development of the Property as a private, campus-style corporate headquarters offers an opportunity to consolidate loading and service functions within one or more buildings or one or more locations. Such consolidated locations minimize the need for multiple loading/service areas and isolate large truck traffic to a few selected locations within the campus. Smaller scale distribution is then permitted. The location of such consolidated areas will be shown on all site plans. 10. ARCHITECTURAL STANDARDS. A. Building Materials: Masonry Requirements. Buildings within the Property may be constructed of a variety of different building materials,and there shall be no minimum masonry requirement. Building materials shall include masonry materials, as defined in Ordinance No. 557,architectural concrete,architectural metal panels,glass,and other similar materials. Pre-cast concrete panels(including"tilt-wall")may be used for accessory-use maintenance buildings that are not visible from public rights-of-way. In addition,the facade of any parking structure that is visible east of the park dedication land shown on the Concept Plan shall (if constructed of architectural concrete)include an architectural treatment(e.g.,texture,color,relief,or detail). B. Reflective Glass. Any individual building facade may be 100%glass;however,no more than 801/o of the total facade area of all buildings within the Property shall be glass.�_`-_The maximum outward solar reflectivity of glass used shall be 35%. C. Facade Articulation. It is the intent of this PUD to comply with the spirit and intent of the City's requirement for building facade articulation standards;however,it is also the intent of this PUD to avoid the imposition of a rigid mathematical formula to achieve such articulation. Consequently,this PUD does require that building facades include design articulation that will be approved with each site plan. Facade articulation may be achieved for individual buildings through a combination of design techniques including,but not limited to,projections,overhangs, and incisions/cuts. Facade articulation may also be achieved by considering the effect of(i)the location of one building to another, (ii) the manner in which buildings are grouped, and (iii)variations in architectural surface treatments such as color, texture, relief, and detail. The facade articulations standards for parking structures will differ somewhat from the standards for office buildings because of their intended use (i.e., storing cars), reduced design flexibility, and 10 Zoning Case No.ZA99-056 REVISED La n M 01!907-00005�435047.12 L\CRY D0C3WAWCASESWW313.DM Past 27 '7D-yj s A EXHIBIT "B" the fact that visibility of such structures from SH-114 will be minimal(with no visibility of such structures during any but the very last phases of development). D. Exposed Structural/Architectural Columns. Structural concrete or steel elements may remain exposed if given some architectural treatment(e.g.,color,texture,relief,or detail). E. Roof Desittrr Standards. All structures shall be constructed with either a pitched roof,flat roof with a parapet, mansard roof, or any combination thereof. All flat roof surfaces will be screened from ground level views. Parking structure decks shall not be considered roofs. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not be visible from ground level. 11. SCREENING. The following improvements shall be screened from view from public rights-of- way located outside the Property: mechanical equipment, rooftop appurtenances, satellite dishes, antennas,radio towers, outside storage, trash/recycling receptacles, and off street loading/service areas. No screening shall be required from any rights-of-way within the Property, and no screening shall be required for any surface parking lots or for any parking structures. Screening shall be accomplished with masonry,landscaping,or any combination thereof. 12. LANDSCAPE STANDARDS. The size of the Property,the'campus-style"development being proposed, the utilization of parking structures to minimize surface parking, and the requirement for at least 35% pervious cover will create a developed site with vast areas of open space that will include existing, natural vegetation, including thousands of mature trees. Consequently, there is no need for narrow bufferyards (and the related planting requirements) typically required for much smaller commercial sites. Nevertheless, in addition to the natural vegetation and trees that will be preserved, additional landscape standards are required for (i) the Natural Areas shown on the Concept Plan, (ii)interior landscape areas based on building size, and (iii) parking island landscaping for surface parking lots. The interior landscape area requirements and parking island requirements are very similar to the City's existing requirements; however,more liberal planting credits are allowed for enhanced paving and to preserve existing trees. Such credits are appropriate for a campus-style development and will strongly encourage retaining natural tree groupings and trees near future building sites. Such credits will also simplify and reduce the maintenance costs associated with large areas of small shrubs and ground cover. A. Natural Areas. The Concept Plan identifies Natural Areas up to 50 feet wide and larger that virtually encircle the Property. These Natural Areas will be preserved as permanent open space,and,together with the park dedication,will buffer the Property from adjacent development With the exception of small security structures (i.e., "guardhouses"), no paved surfaces`or buildings or structures of any kind may be located within the Natural Areas without site plan approval. The intent is to preserve these areas in a natural, undisturbed condition; however, additional landscaping may be planted within them at the option of the Property owner. Natural Areas may be irrigated or left natural. B. Interior Landscape Areas. Subject to the reductions set forth below, the amount of interior landscape area required within the Property shall be computed based on all buildings (excluding parking structures) within the Property, and for each building (excluding parking structures) shall equal 50% of the largest floor area of such building. The following plantings shall be required within the Property based on the interior landscape area as computed above:one canopy tree per 600 square feet;one accent tree per 300 square feet;one shrub(15 inch deciduous or 12 inch evergreen)per 60 square feet;and 10%of such interior landscape area must be planted as ground cover. These required plantings shall be reduced as follows: I1 Zoning Cue No.ZA99-056 REVISED July 16,1999 011907.00005 043SO47.12 r.:WM DOCAM\CASESWW313.DOC hge28 • A EXHIBIT "B" 1. Existing Plant Credits. Existing trees which are within 250 feet of any building shall reduce the required plantings as follows: Size of Existing Tree Planting Reductions CanoDY Accent Shrubs IV,"—5"caliper 1 or 2 or 6 6"—11"caliper 2 or 3 or 12 12"and greater 3 or 4 or 18 2. Substitute Plantings. One additional canopy tree may be substituted for 10 shrubs or 500 square feet of ground cover. One additional accent tree may be substituted for five shrubs or 250 square feet of ground cover. 3. Enhanced Pavement Credits. For each square foot of enhanced pavement area, the required landscape area shall be reduced by 0.5 square feet,up to a maximum overall reduction of 25%. C. Parking Lot Landscaping. 1. Structured Parking. There shall be no landscaping requirements applicable to parking structures. 2. Surface Parking. a. Planter Islands. Planter islands shall be provided in all surface parking areas on the basis of 10 square feet of landscape area for each parking space provided. Where reasonably possible,each row of parking spaces shall provide the required landscape area; however, islands may be placed near buildings, throughout the parking area, or at the end of the rows away from buildings. These island requirements may be modified in situations where it would be beneficial to combine an awkward or hazardous island into a larger island. Planter islands shall have a minimum width of eight feet back-to-back if curbed or nine feet edge-to-edge if no curb is intended,and shall be 18 feet long. Planter island landscape areas count towards the total required interior landscape area: b. Existing Trees. The following variations to the planter island requirements shall be permitted to preserve existing trees. For existing trees,the minimum width of the planter island shall be as follows: 5"caliper or less= 8 foot minimum width 6"—12"caliper = 12 foot minimum width greater than 12"caliper = 18 foot minimum width C. Planting Requirements. A minimum of 50% of all planter islands shall contain a minimum of one canopy tree(with the remaining area in shrubs,ground cover, grasses, or seasonal color). Planter islands which have light poles for lighting the parking areas may substitute two accent trees for the required canopy r 12 Zoning Case No.ZA99-056 REVISED AhIt 1999 011907.00005-0433047.12 L WM DOCSWRDICASEMlO.313.DOC Page 29 '?D ,q9 EXHIBIT "B" tree. At least 50% of all trees must be 4 inch caliper or greater, and the remainder must be two inch caliper or greater. 13. FENCING. Perimeter fencing visible from SH-114 will be constructed of wrought iron, masonry, other architectural metal, or any combination thereof. Other materials that are architecturally compatible with the buildings visible from SH-114 may also be used if approved by a site plan. Fencing that is not visible from SH-114 and that is generally screened by vegetation will be constructed of coated, dark-colored chain link. No fencing articulation shall be required. The details of fence design will be provided as part of each site plan. 14. ACCESS CONTROL STRUCTURES. Access control structures that are visible from any public rights-of-way outside the Property will be constructed of materials that are the same as or substantially similar to the buildings visible from such rights-of-way. Such structures may also be constructed of any other material that is architecturally compatible with the buildings that are visible, provided such other materials are approved on a site plan. Access control structures that are not visible from public rights-of-way outside the Property may be constructed of masonry, wood, architectural concrete,metal panels,or any combination thereof. 15. PARKSITRAIIS/OPEN SPACE. Except as provided in the Concept Plan, there shall be no other requirements for parks,trails,or public open space. 16. DRIVEWAY REQUIREMENTS. None of the standards or requirements for driveways included in Driveway Ordinance No. 634, as amended, shall apply to the Property. However, all development plans must include an"on-site"driveway and driveway-related traffic analysis performed by a professional traffic consultant; which analysis shall demonstrate, to the reasonable satisfaction of the City Council,that the driveway design does not create a traffic or safety hazard. 17. TREE PRESERVATION. A. Structured Parking. In order to mitigate the impact of large areas of surface parking(and the substantial tree removal that would necessarily result),the Property will be developed with at least two multi-level parking structures to accommodate at least 80% of the required parking. The most likely location for the parking structures (and the location with the least impact on existing tree cover)is the area identified on the Concept Plan. As provided by the City's existing Tree Preservation Ordinance, the "footprint" of such parking structures (plus an area within six feet of the foundations)will be exempt from tree protection and tree replacement requirements. Because the use of parking structures will avoid paving large areas for surface parking, and because there is little design flexibility in the location of such parking structures,efforts to select garage"footprints"that minimize tree removal will not be required. All parking structures must be screened from Kirkwood Hollow by planting at least four canopy trees per 100 linear feet of structure fagade that faces Kirkwood Hollow. B. Other Improvements. As provided by the City's existing Tree Preservation Ordinance, the Buildable Areas for improvements other than structured parking shall also be exempt from tree protection and tree replacement requirements. Notwithstanding such exemption, however, the Property owner shall use commercially reasonable efforts to identify Buildable Areas in an attempt to minimize the removal of quality trees with a diameter of six inches or greater measured 4% feet above the ground. Such efforts shall not, however, require significant relocations of individual Buildable Areas or require Buildable Areas to be located so as to significantly alter or adversely affect the relationship of buildings, streets, and other improvements or otherwise significantly alter or adversely affect the overall master planning for development of the Property. 13 Zoning Case No.ZA99-056 REVISED JWY 16,1999 011907.00005A435047.12 LACrrY DOMOWTASFS4480.313.DOC Page 30 � p - sa EXHIBIT "C" This page reserved for the City Council motion. LAC1TY DOMOMCASMOD-313.DOC Page 31 f EXHIBIT "C" This page reserved for the City Council motion. r L TITY DOCS\ORD\CASFS\480-313.DOC Page 32 '10- � Z Exhibit"B" to Ordinance No. PUD Development Standards SABRE Non Residential Planned Unit Development 1. PURPOSE. A. The purpose of this SABRE Non Residential Planned Unit Development Ordinance No. is to facilitate the development of a high quality, controlled access, master planned headquarters for a major corporate user such as a "Fortune 500" company. The PUD includes approximately 154.8 acres as described on Exhibit "A" to the PUD and as shown on the Concept Plan attached as Exhibit"B-1" hereto. B. It is anticipated that the Property will be developed as a secure (i.e., controlled access) "campus style" corporate headquarters. Security may include a full perimeter fence with a combination of attended or automatic access controls. Emergency access will be provided as required by the City's Fire Marshal. Access design will include adequate areas to accommodate vehicles that inadvertently approach the Property and must turn around without entering. C. It is anticipated that the Property will be developed to include a private boulevard designed to the City's construction standards for an "A41) arterial" with the exceptions that (i)landscape medians may be left natural rather than irrigated; (ii)the six-foot bike lane will not be required; (iii)the City's driveway ordinance will not apply; and (iv)the design speed and geometry will be determined by the Property owner consistent with the "campus style" atmosphere of the development(with a minimum design speed of 25 mph). The details of private street design (including design speed, geometry, and access to public streets) will be provided as part of each site plan. Maintenance of the private streets (to public street standards) will be the sole responsibility of the Property owner. D. It is anticipated that a portion of existing Kirkwood Boulevard (from SH-114 to the boundary- of the Property) and a portion of existing T.W. King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1) will both be abandoned and closed for public use after the first phase of the development is ready for occupancy. Notwithstanding the foregoing, however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" T.W. King Road. Such emergency access will be the same as required by the City's Fire Marshal. Public use of"old"T.W.King Road west of said Tract 2 will continue. E. The primary access from the Property to public streets will be provided by the private streets shown on the Concept Plan; however, no employee access shall be permitted through the access road to White Chapel Road. Emergency (including police, fire, ambulance, and utilities) and security access to the Property may be provided by the access road to White Chapel Road (also shown on the Concept Plan). It will also be necessary to use the White Chapel access road for construction access for a limited period of six months after the first to occur of(i)the issuance by the City of a building permit for the first phase of the office development or (ii)the issuance by the City of a building permit for the bridge over the North Kirkwood Branch. This time period may be extended by the City Council, in its reasonable discretion, upon a showing that an extension is necessary due to circumstances beyond the reasonable control of the Property owner. 1 Zoning Case No.ZA99-056 REVISED Jute 16,1999 011907.00005:0435047.12 The Property owner agrees to commence construction of the North Kirkwood Branch bridge on or before the date it commences construction of the first phase of the office development. F. The Property will be developed to include the dedication to the City of approximately 3.61 acres for a public park along the southeastern boundary of the Property adjacent to the South Fork of Kirkwood Branch (as shown on the Concept Plan). The dedication will reserve the right (but not the obligation) to maintain and landscape such park area at the Property owner's expense and the right to review the design of any improvements to be located or constructed within such park area. The Property owner will be responsible for the reasonable costs and expenses to (i)complete the engineering design of a trail within the dedicated park area and (ii)design and construct a pedestrian bridge within the dedicated park area to provide access across the South Kirkwood Branch. The City will include such park dedication in its regional trail system plan, and (except as provided above) the City will be responsible for the construction and maintenance of all improvements. All improvements will be designed to take maximum advantage of the natural topography and to minimize the impact on all trees. G. It is anticipated that the Property will be developed to include open space amenities for employees,visitors and customers such as trails,parks and other pedestrian-oriented areas. These amenities will be designed to take maximum advantage of the natural topography of the Property and to minimize the impact on all trees. These amenities will also be designed to be architecturally compatible with both the natural environment in which they are located and the buildings they serve. Details regarding these amenities will be provided as part of each site plan. Because these amenities serve only "private" development within the Property, a formal Pedestrian Access Plan is not required. H. In addition to open space amenities for employees, visitors and customers, the Concept Plan identifies Natural Areas around the full perimeter of the Property. These Natural Areas, together with the dedicated parkland,will buffer the Property from adjacent development. 2. DEFINITIONS. For purposes of this SABRE Non Residential Planned Unit Development, the following terms are hereby defined: A. "Applicable City Ordinances" means the ordinances of the City, as amended, that regulate the development and use of land within the City including, but not limited to, Zoning Ordinance No.480 and the Uniform Building Code. B. "Buildable Area" means all of the following areas (as shown on an approved final plat or approved site plan): (i)the "footprint" of each building or structure,(ii)the area within six feet of each building or structure foundation, (iii)public and private rights-of-way, (iv)public and private utility and drainage easements; (v)fire lanes, and(vi)all parking areas (including parking areas that exceed required parking). C. "Cily"means the City of Southlake,Texas D. "Concept Plan" means the concept plan attached as Exhibit B-1 to the PUD. E. "Natural Area" means those areas (as shown on the Concept Plan) that will be preserved as permanent open space to buffer the Property from adjacent development. F. "Pro e " means the real property described on Exhibit A to the PUD. 2 Zoning Case No.ZA99-056 REVISED Jkk 16.1999 011907.00005:0435047.12 G. "PUD Standards" means the development standards established by Exhibit B to the PUD. H. "PUD" means this SABRE Non Residential Planned Unit Development zoning district, Ordinance No. ,including Exhibits A,B, B-1, and C attached hereto. Except as defined above, all terms used in this PUD shall have the meaning given to them by the Applicable City Ordinances. 3. DEVELOPMENT STANDARDS. The requirements of this Exhibit'B" (including the Concept Plan) constitute the PUD Standards that apply to the Property and pursuant to which all development within the Property shall occur. To the extent any aspect of development is regulated by these PUD Standards, it is the intent that these PUD Standards shall be exclusive. For example, the landscape standards set forth herein shall be the only landscape standards that apply to the Property. If these PUD Standards do not regulate a particular aspect of development, then such particular aspect of development shall be regulated by reference to those provisions of the Applicable City Ordinances that would otherwise apply to the "0-2 Office" zoning district, as amended. In the event of any conflict, inconsistency or ambiguity between the PUD Standards and the Applicable City Ordinances, the PUD Standards shall control. If an amendment to any Applicable City Ordinance results in any non-conformity within the Property, such non-conformity may be continued indefinitely,as a matter of right, and shall be treated (for all purposes) as a legal use of the Property to the same extent as if the non-conformity had never existed. 4. CONCEPT PLAN. The PUD is being processed with the Concept Plan attached hereto as Exhibit"B-1" and incorporated as part of the PUD for all purposes. The Concept Plan identifies (i)specific Natural Areas within which development is restricted, (ii)the approximate location of major private streets, and (iii)the area within which parking structures will most likely be located. The remainder of the Property will be available for development in accordance with these PUD Standards and the Applicable City Ordinances. All development within the Property must be consistent with the Concept Plan. In the event of any conflict or inconsistency between the PUD Standards and the Concept Plan, the PUD Standards shall control. Except as provided below, substantive changes to the Concept Plan shall be considered a zoning change to the PUD and shall be processed and approved in accordance with the Applicable City Ordinances. Notwithstanding the foregoing,however,the exact configuration of the private streets shown on the Concept Plan may be changed to accommodate the final design speed and geometry selected by the Property owner without such change constituting a zoning change to the PUD. Any such change based on the final selected design speed and geometry shall be provided as part of each site plan. Information contained on the Concept Plan that applies to land outside the Property is not part of the PUD and is provided for informational purposes only. 5. DEVELOPMENT PLANS. The development of each portion, section or phase of the Property must be in accordance with a development plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of development plans, and there shall be no minimum area for a development plan. Except as hereinafter provided, development plans shall not require additional or updated traffic impact analyses unless the cumulative total floor area proposed for development within the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing, however, if the original traffic impact analysis does not address full build-out or does not include traffic conditions for interim phases of development, then the City may require an updated traffic impact analysis with each development plan. Once approved, a development plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept and then constructed in phases. The City recognizes that it is not feasible and is unrealistic to require a highly detailed 3 Zoning Case No.ZA99-056 REVISED July A 1999 011907.00005:0435047.12 development plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. The PUD, which is based on the Concept Plan, reflects only zoning approval of a basic concept and may not be implemented until full development plan approval for each portion, section, or phase has been granted; however, the approval of the Concept Plan entitles owners of the Property to rely on, and implement by subsequently approved development plans, the type, intensity, and density of uses set forth in the approved Concept Plan. Each development plan must be in substantial conformance with the approved Concept Plan. Amendments to approved development plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved development plans, shall be processed and approved in accordance with all Applicable City Ordinances; otherwise, such amendments shall be processed as a zoning change to the PUD. 6. SITE PLANS. The development of each portion, section or phase of the Property must be in accordance with a site plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of site plans, and there shall be no minimum area for a site plan. Except as hereinafter provided, site plans shall not require additional or updated traffic impact analyses unless the total cumulative floor area proposed for development of the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing,however, if the original traffic impact analysis does not address full build out or does not include traffic conditions for interim phases of development, and if an updated traffic impact analysis was not required as part of the approved development plan, the City may require an updated traffic impact analysis with each site plan. Once approved, a site plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept, to then have development proceed though a series of phased development plans, and finally to have construction proceed through a series of phased site plans. The City recognizes that it is not feasible and is unrealistic to require a highly detailed site plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. Each site plan must be in substantial conformance with the approved development plan. Amendments to approved site plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved site plans, shall be processed and approved in accordance with all Applicable City Ordinances;otherwise,such amendments shall be processed as a zoning change to the PUD. 7. USES. A. Permitted Principal Uses. 1. The intent of this PUD is to permit the broadest range of "high-tech" uses to accommodate future technology changes in the fields of computer technology, information technology, data and information processing, and all services related thereto. The City recognizes, however, that future technology changes may occur beyond those that can be described in the PUD Standards. The Administrative Official of the City shall be authorized to interpret the following uses to accommodate future technology changes so as to achieve the intent of the PUD. 2. The PUD shall permit those principal uses set forth in the "0-2," Office District, Section 19, of the Comprehensive Zoning Ordinance,as amended. 3. The PUD shall also permit "parking structures" and "private streets/alleys/drives (including gated/restricted access entry points" as principal uses. 4 Zoning Case No.ZA99-056 REVISED Jul_1&1999 0 11907.00005:0435047.12 4. The PUD shall also permit "hotel" and "restaurant (with or without outside dining)" as principal uses if approved by a Special Use Permit pursuant to Section 45 of the Zoning Ordinance,as amended. 5. The PUD shall also permit the following additional principal uses; subject, however to the condition that no certificate of occupancy shall be issued for any of such additional principal uses until at least 400,000 square feet of office space within the Property is occupied and being used as a corporate headquarters: • Communications facility, including, but not limited to, facilities that utilize satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, and all related hardware, software and services. All satellite dishes, antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon(and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment(including screening, as applicable)will be provided with each site plan. • Computer technology facility (including, but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse/storage of computer hardware, software, and related services). • Conference center. • Data/information processing center. • Information technology facility, including, but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse/storage of information technology hardware, software, and related services. • Training center. B. Accessory Uses. All accessory uses (including those described in subsections "C" and "D" below) must be operated principally for the development of or use of the Property as a corporate headquarters and must be operated principally to serve or benefit tenants, employees, guests, visitors and customers within the Property. The PUD shall permit those accessory uses set forth in Section 34 of the Zoning Ordinance, as they apply to the "0-2", Office District,as amended. Except as otherwise provided by these PUD Standards, accessory uses must comply with Section 34 of the Zoning Ordinance, as amended. In addition, the following'accessory uses shall be permitted: • Covered pedestrian walkways. • Footbridges(designed to meet minimum NCTCOG standards). • Communication equipment, including, but not limited to, satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, etc. All satellite dishes, antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon (and none of such equipment may be sold or leased to third parties outside the PUD). All 5 Zoning Case No.ZA99-056 REVISED Jkk 16.1999 011907.00005:0435047.12 such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment(including screening,as applicable)will be provided with each site plan. • Utilities (including, but not limited to, utility buildings and structures, utility distribution lines, utility shop and storage, electric transformers, electric substations, telephone, electric, cable, and fiber optic switching stations, water and sewage pumping stations (above and below grade), water storage tanks and pumping systems (elevated or above grade),and water,sewer,electric,and gas meters). C. Accessory Uses Within Principal Use Buildings. The following accessory uses shall only be allowed within the same building as a permitted principal use without regard to the floor area of such accessory uses: • Banks and financial institutions(including ATMs). • Beauty parlor/barbershop. • Day nursery or equivalent child care facility. • Drug store. • Specialty retail. • Health club/gymnasium. • Job printing,lithography,printing,or blueprinting. • Laundry/dry cleaning(drop/pick). • Mailing service(private). • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Newsstand. • Post office(governmental). • Printing,engraving and related reproductive services. • Quick copy/duplicating services. • Recycling collection and/or storage. • Restaurant,cafe,cafeteria,or dining facility(with or without outside dining). • Security guard quarters. • Shoe repair. • Stationery and/or book store. • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Warehouse/storage(inside). D. Accessory Uses on Separate Building Sites. The following accessory uses shall be allowed on a separate building site without regard to the floor area of such accessory uses; 6 Zoning Case No.ZA99-056 REVISED Ayk 16,1999 011907.00005:0435047.12 provided, however, none of the following accessory uses shall be allowed as a principal use. In addition, no certificate of occupancy shall be issued by the City for any of the following accessory uses until (i) certificates of occupancy have been issued by the City for one or more principal use buildings that contain (in the aggregate) at least 400,000 square feet of floor area; and (ii) at least 400,000 square feet of such principal use floor area are occupied and used as a corporate headquarters: • Community facilities uses: a. private parks; b. recreational and open space to include playgrounds, parkways, greenbelts,ponds and lakes, botanical gardens, nature centers, bird and wildlife sanctuaries, pedestrian paths,bicycle paths, and equestrian bridal trails; C. athletic, health, and sport facilities to include gyms, aerobic centers, spas, swimming pools, athletic fields,and sport/tennis courts; and d. other uses of a similar nature and character. • Day nursery or equivalent child care facility. • Health club/gymnasium. • Heliport/verti-port if located at least 1,000 feet from (i) any residentially zoned lot and (ii) any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however, to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing that any such heliport/verti-port is "private" and not available for any public use. Unless otherwise approved by the City Council, the combined number of individual take offs and landings (including helistop/verti-stop trips) shall be limited to 20 per calendar month, and the owner of the Property shall keep records which the City may review at any time. Notwithstanding the foregoing,however,the right to continue this use may be terminated by the City Council if the FAA (or any other federal governmental authority) takes any action that would preempt (or otherwise render invalid or ineffective) the take off and landing flight path limitations set forth above. • Helistop/verti-stop port if located at least 1,000 feet from (i) any residentially zoned lot and(ii) any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however, to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing that any such helistop/verti-stop is "private" and not available for any public use. Unless otherwise approved by the City Council, the combined number of individual take offs and landings (including heliport/verti-port trips) shall be limited to 20 per calendar month, and the owner of the Property shall keep records which the City may review at any time. 7 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.12 Notwithstanding the foregoing, however, the right to continue this use may be terminated by the City Council if the FAA (or any other federal governmental authority) takes any action that would preempt (or otherwise render invalid or ineffective) the take off and landing flight path limitations set forth above. • Maintenance equipment storage (outside/screened). Such storage shall be limited to use by the owners of the Property and occupants or users of improvements located thereon. No storage will be provided to any person or business located outside the Property. • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Restaurant,cafe,cafeteria, or dining facility(with or without outside dining). • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Temporary construction materials storage (for each phase of development, limited to the time during which active construction is ongoing and for a period of 30 days thereafter). • Temporary construction office(for each phase of development, limited to the time during which active construction is ongoing and for a period of 30 days thereafter). 8. DEVELOPMENT REGULATIONS. A. Height 1. Buildings. Except as provided below, (a)no principal use building shall exceed six (6) stories above grade, nor shall it exceed ninety (90) feet in height; and (b) no accessory use building shall exceed three (3) stories above grade, nor shall it exceed forty-six(46)feet in height. 2. Structured Parking. Except as provided below, no parking structure shall exceed six(6)levels above grade,nor shall it exceed sixty(60) feet in height. 3. Architectural Features. Architectural features (i.e., portions of buildings or structures not intended for occupancy) which are integral to the architectural style of the building or structure(including spires,belfries,towers, cupolas, domes, feature walls and similar features) shall not exceed fifty (50) feet above the height of the building; if freestanding, they shall not exceed one hundred forty (140) feet in height; and both(i.e., roof-mounted and freestanding architecture features)shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 4. Special Equipment. Mechanical equipment, penthouses, ventilation equipment, satellite dishes, antennas, cooling towers, and other similar equipment shall not exceed the actual height of the building by more than twenty-five (25) feet, must be screened, must be integral to the building,and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 5. Pitched Roofs. The height of a building (regardless of building size)with sloped or pitched roofs shall be measured to a point 15 feet above the highest occupied floor level. The high point of the sloped roof may exceed the height limitations set forth above (i.e., maximum ninety (90) feet)by up to thirty-five (35) feet to allow up to a maximum 8 Zoning Case No.ZA99-056 REVISED J 11&1999 011907.00005:0435047.12 height of one hundred twenty-five (125) feet and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h) of the Zoning Ordinance. All measurements shall be from grade,as defined by Ordinance No. 480, Section 4.2. B. Setbacks 1. Front Yard. Except as provided below, the minimum front yard setback shall be 30 feet; however, up to 10% of the area of any building fagade may extend up to 15 feet into any required front yard to accommodate building articulation design requirements. Short term visitor and customer parking shall be allowed in required front yards. No front yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 2. Side Yard. Except as provided below, there shall be no minimum side yard setback. No side yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 3. Rear Yard. Except as provided below, the minimum rear yard setback shall be 10 feet. 4. Residential Proximity Slope. Notwithstanding the minimum setbacks set forth above, buildings within 400 feet of property zoned for single family uses shall have a minimum setback from the property line adjacent to such single family property of 40 feet or a distance that will not cause any building to exceed a height produced by a 4:1 slope line from the single family property(as contained in Section 43.13(h)of the Zoning Ordinance),whichever produces the greater setback. 5. S.H. No. 114. Notwithstanding the setbacks set forth above, the minimum setback along SH-114 shall be 50 feet. 6. Projections. Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding 48 inches. 7. Accessory Buildings. Accessory buildings may be located anywhere within the Property(but not within any required setback). 8. Measurement of Setbacks. Setbacks shall apply to all private streets within the Property and shall be measured from the right-of-way line(whether established by platted lot,easement,or other instrument). C. Maximum Lot Coverage. The maximum lot coverage for all buildings (excluding parking structures)shall not exceed 50%of the total area of the Property. D. Maximum Impervious Coverage. The maximum impervious coverage shall not exceed 65%of the total area of the Property. E. Floor Area. There shall be no maximum floor area ratio for any improvements; however, the maximum total floor area within the Property (being the combination of floor area for all principal uses and accessory uses but excluding parking structures) shall be limited to 3.5 million square feet. 9 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.12 9. PARKING/LOADING. A. Parking Spaces Required. At least one parking space shall be provided for each 300 square feet of "principal-use" floor area developed within the Property. No additional spaces shall be required for any accessory use floor area. B. Location of Parking Spaces. All required parking spaces shall be located within the Property; however no parking shall be allowed within the Natural Areas shown on the Concept Plan. C. Parking Space Size. All parking spaces shall be at least 8'/z feet wide and 18 feet long. Structural columns within any parking structure may project into the perimeter of "head-in" parking spaces up to one half the cross-sectional area of the column. D. Off-Street Loading/Service Areas. At least one off-street loading/service area shall be provided for each 200,000 square feet of"principal-use" floor area developed within the Property. No additional area shall be required for any accessory use floor area. Development of the Property as a private, campus-style corporate headquarters offers an opportunity to consolidate loading and service functions within one or more buildings or one or more locations. Such consolidated locations minimize the need for multiple loading/service areas and isolate large truck traffic to a few selected locations within the campus. Smaller scale distribution is then permitted. The location of such consolidated areas will be shown on all site plans. 10. ARCHITECTURAL STANDARDS. A. Building Materials, Masonry Requirements. Buildings within the Property may be constructed of a variety of different building materials, and there shall be no minimum masonry requirement. Building materials shall include masonry materials, as defined in Ordinance No. 557, architectural concrete, architectural metal panels, glass, and other similar materials. Pre-cast concrete panels (including "tilt-wall") may be used for accessory-use maintenance buildings that are not visible from public rights-of-way. In addition, the facade of any parking structure that is visible east of the park dedication land shown on the Concept Plan shall (if constructed of architectural concrete)include an architectural treatment(e.g.,texture, color,relief, or detail). B. Reflective Glass. Any individual building facade may be 100% glass; however,no more than 80% of the total facade area of all buildings within the Property shall be glass. The maximum outward solar reflectivity of glass used shall be 35%. C. Facade Articulation. It is the intent of this PUD to comply with the spirit and intent of the City's requirement for building facade articulation standards; however, it is also the intent of this PUD to avoid the imposition of a rigid mathematical formula to achieve such articulation. Consequently,this PUD does require that building facades include design articulation that will be approved with each site plan. Facade articulation may be achieved for individual buildings through a combination of design techniques including, but not limited to, projections, overhangs, and incisions/cuts. Facade articulation may also be achieved by considering the effect of(i) the location of one building to another, (ii) the manner in which buildings are grouped, and (iii)variations in architectural surface treatments such as color, texture, relief, and detail. The facade articulations standards for parking structures will differ somewhat from the standards for office buildings because of their intended use (i.e., storing cars), reduced design flexibility, and 10 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.12 the fact that visibility of such structures from SH-114 will be minimal (with no visibility of such structures during any but the very last phases of development). D. Exposed Structural/Architectural Columns. Structural concrete or steel elements may remain exposed if given some architectural treatment(e.g., color,texture,relief,or detail). E. Roof Design Standards. All structures shall be constructed with either a pitched roof, flat roof with a parapet, mansard roof, or any combination thereof. All flat roof surfaces will be screened from ground level views. Parking structure decks shall not be considered roofs. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not be visible from ground level. 11. SCREENING. The following improvements shall be screened from view from public rights-of- way located outside the Property: mechanical equipment, rooftop appurtenances, satellite dishes, antennas, radio towers, outside storage, trash/recycling receptacles, and off street loading/service areas. No screening shall be required from any rights-of-way within the Property, and no screening shall be required for any surface parking lots or for any parking structures. Screening shall be accomplished with masonry, landscaping,or any combination thereof. 12. LANDSCAPE STANDARDS. The size of the Property, the "campus-style" development being proposed, the utilization of parking structures to minimize surface parking, and the requirement for at least 35% pervious cover will create a developed site with vast areas of open space that will include existing, natural vegetation, including thousands of mature trees. Consequently, there is no need for narrow bufferyards (and the related planting requirements) typically required for much smaller commercial sites. Nevertheless, in addition to the natural vegetation and trees that will be preserved, additional landscape standards are required for (i) the Natural Areas shown on the Concept Plan, (ii)interior landscape areas based on building size, and (iii) parking island landscaping for surface parking lots. The interior landscape area requirements and parking island requirements are very similar to the City's existing requirements; however, more liberal planting credits are allowed for enhanced paving and to preserve existing trees. Such credits are appropriate for a campus-style development and will strongly encourage retaining natural tree groupings and trees near future building sites. Such credits will also simplify and reduce the maintenance costs associated with large areas of small shrubs and ground cover. A. Natural Areas. The Concept Plan identifies Natural Areas up to 50 feet wide and larger that virtually encircle the Property. These Natural Areas will be preserved as permanent open space,and,together with the park dedication,will buffer the Property from adjacent development. With the exception of small security structures (i.e., "guardhouses"), no paved surfaces or buildings or structures of any kind may be located within the Natural Areas without site plan approval. The intent is to preserve these areas in a natural, undisturbed condition; however, additional landscaping may be planted within them at the option of the Property owner. Natural Areas may be irrigated or left natural. B. Interior Landscape Areas. Subject to the reductions set forth below, the amount of interior landscape area required within the Property shall be computed based on all buildings (excluding parking structures) within the Property, and for each building (excluding parking structures) shall equal 50% of the largest floor area of such building. The following plantings shall be required within the Property based on the interior landscape area as computed above: one canopy tree per 600 square feet;one accent tree per 300 square feet; one shrub (15 inch deciduous or 12 inch evergreen)per 60 square feet; and 10%of such interior landscape area must be planted as ground cover. These required plantings shall be reduced as follows: 11 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.12 1. Existing Plant Credits. Existing trees which are within 250 feet of any building shall reduce the required plantings as follows: Size of Existiniz Tree Planting Reductions Canopy Accent Shrubs 1%2"—5" caliper 1 or 2 or 6 6"— 11" caliper 2 or 3 or 12 12" and greater 3 or 4 or 18 2. Substitute Plantings. One additional canopy tree may be substituted for 10 shrubs or 500 square feet of ground cover. One additional accent tree may be substituted for five shrubs or 250 square feet of ground cover. 3. Enhanced Pavement Credits. For each square foot of enhanced pavement area, the required landscape area shall be reduced by 0.5 square feet, up to a maximum overall reduction of 25%. C. Parking Lot Landscaping. 1. Structured Parking. There shall be no landscaping requirements applicable to parking structures. 2. Surface Parking. a. Planter Islands. Planter islands shall be provided in all surface parking areas on the basis of 10 square feet of landscape area for each parking space provided. Where reasonably possible, each row of parking spaces shall provide the required landscape area; however, islands may be placed near buildings, throughout the parking area, or at the end of the rows away from buildings. These island requirements may be modified in situations where it would be beneficial to combine an awkward or hazardous island into a larger island. Planter islands shall have a minimum width of eight feet back-to-back if curbed or nine feet edge-to-edge if no curb is intended,and shall be 18 feet long. Planter island landscape areas count towards the total required interior landscape area. b. Existing Trees. The following variations to the planter island requirements shall be permitted to preserve existing trees. For existing trees, the minimum width of the planter island shall be as follows: 5"caliper or less= 8 foot minimum width 6"— 12"caliper = 12 foot minimum width greater than 12"caliper = 18 foot minimum width C. Planting Requirements. A minimum of 50% of all planter islands shall contain a minimum of one canopy tree(with the remaining area in shrubs,ground cover, grasses, or seasonal color). Planter islands which have light poles for lighting the parking areas may substitute two accent trees for the required canopy 12 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.12 tree. At least 50% of all trees must be 4 inch caliper or greater, and the remainder must be two inch caliper or greater. 13. FENCING. Perimeter fencing visible from SH-114 will be constructed of wrought iron, masonry, other architectural metal, or any combination thereof. Other materials that are architecturally compatible with the buildings visible from SH-114 may also be used if approved by a site plan. Fencing that is not visible from SH-114 and that is generally screened by vegetation will be constructed of coated, dark-colored chain link. No fencing articulation shall be required. The details of fence design will be provided as part of each site plan. 14. ACCESS CONTROL STRUCTURES. Access control structures that are visible from any public rights-of-way outside the Property will be constructed of materials that are the same as or substantially similar to the buildings visible from such rights-of-way. Such structures may also be constructed of any other material that is architecturally compatible with the buildings that are visible, provided such other materials are approved on a site plan. Access control structures that are not visible from public rights-of-way outside the Property may be constructed of masonry, wood, architectural concrete,metal panels, or any combination thereof. 15. PARKS/TRAILS/OPEN SPACE. Except as provided in the Concept Plan, there shall be no other requirements for parks,trails, or public open space. 16. DRIVEWAY REQUIREMENTS. None of the standards or requirements for driveways included in Driveway Ordinance No. 634, as amended, shall apply to the Property. However, all development plans must include an "on-site" driveway and driveway-related traffic analysis performed by a professional traffic consultant; which analysis shall demonstrate, to the reasonable satisfaction of the City Council,that the driveway design does not create a traffic or safety hazard. 17. TREE PRESERVATION. A. Structured Parkins. In order to mitigate the impact of large areas of surface parking(and the substantial tree removal that would necessarily result), the Property will be developed with at least two multi-level parking structures to accommodate at least 80% of the required parking. The most likely location for the parking structures (and the location with the least impact on existing tree cover) is the area identified on the Concept Plan. As provided by the City's existing Tree Preservation Ordinance, the "footprint" of such parking structures (plus an area within six feet of the foundations) will be exempt from tree protection and tree replacement requirements. Because the use of parking structures will avoid paving large areas for surface parking, and because there is little design flexibility in the location of such parking structures, efforts to select garage "footprints" that minimize tree removal will not be required. All parking structures must be screened from Kirkwood Hollow by planting at least four canopy trees per 100 linear feet of structure fagade that faces Kirkwood Hollow. B. Other Improvements. As provided by the City's existing Tree Preservation Ordinance, the Buildable Areas for improvements other than structured parking shall also be exempt from tree protection and tree replacement requirements. Notwithstanding such exemption, however, the Property owner shall use commercially reasonable efforts to identify Buildable Areas in an attempt to minimize the removal of quality trees with a diameter of six inches or greater measured 4'/2 feet above the ground. Such efforts shall not, however, require significant relocations of individual Buildable Areas or require Buildable Areas to be located so as to significantly alter or adversely affect the relationship of buildings, streets, and other improvements or otherwise significantly alter or adversely affect the overall master planning for development of the Property. 13 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.12 14 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.12 Exhibit "B" to Ordinance No. PUD Development Standards SABRE Non Residential Planned Unit Development 1. PURPOSE. A. The purpose of this SABRE Non Residential Planned Unit Development Ordinance No. is to facilitate the development of a high quality, controlled access, master planned headquarters for a major corporate user such as a "Fortune 500" company. The PUD includes approximately 154.8 acres as described on Exhibit "A" to the PUD and as shown on the Concept Plan attached as Exhibit"B-1" hereto. B. It is anticipated that the Property will be developed as a secure (i.e., controlled access) "campus style" corporate headquarters. Security may include a full perimeter fence with a combination of attended or automatic access controls. Emergency access will be provided as required by the City's Fire Marshal. Access design will include adequate areas to accommodate vehicles that inadvertently approach the Property and must turn around without entering. C. It is anticipated that the Property will be developed to include a private boulevard designed to the City's construction standards for an "A41) arterial" with the exceptions that (i)landscape medians may be left natural rather than irrigated; (ii)the six-foot bike lane will not be required; (iii)the City's driveway ordinance will not apply; and (iv)the design speed and geometry will be determined by the Property owner consistent with the "campus style" atmosphere of the development(with a minimum design speed of 25 mph). The details of private street design (including design speed, geometry, and access to public streets) will be provided as part of each site plan. Maintenance of the private streets (to public street standards) will be the sole responsibility of the Property owner. D. It is anticipated that a portion of existing Kirkwood Boulevard (from SH-114 to the boundary of the Property) and a portion of existing T.W. King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1) will both be abandoned and closed for public use after the first phase of the development is ready for occupancy. Notwithstanding the foregoing, however,continued access to such closed streets by Trophy EIub Club's and the Citv's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" T.W. King Road. Such emergency access will be the same as required by the City's Fire Marshal. Public use of"old"T.W. King Road west of said Tract 2 will continue. E. The primary access from the Property to public streets will be provided by the private streets shown on the Concept Plan; however. no employee access shall be permitted throueh th� access road to White Chapel Road. Emergency (including police, fire, ambulance, and utilities) and security access to the Property may be provided by the access road to White Chapel Road (also shown on the Concept Plan). It will also be necessary to use the White Chapel access road for construction access for a limited period of six months after the first to occur of(i)the issuance by the City of a building permit for the first phase of the office development or (ii)the issuance by the City of a building permit for the bridge over the North Kirkwood Branch. This time period may be extended by the City Council, in its reasonable discretion, upon a showing that an extension is necessary due to circumstances beyond the reasonable control of the Property owner. 1 Zoning Case No.ZA99-056 REVISED lulu 16.1999 0 1 1907.00005:0435047.RED The Property owner agrees to commence construction of the North Kirkwood Branch bridge on or before the date it commences construction of the first phase of the office development. F. The Property will be developed to include the dedication to the City of approximately 3.61 acres for a public park along the southeastern boundary of the Property adjacent to the South Fork of Kirkwood Branch (as shown on the Concept Plan). The dedication will reserve the right (but not the obligation) to maintain and landscape such park area at the Property owner's expense and the right to review the design of any improvements to be located or constructed within such park area. The Property owner will be responsible for the reasonable costs and expenses to (i)complete the engineering design of a trail within the dedicated park area and (ii)design and construct a pedestrian bridge within the dedicated park area to provide access across the South Kirkwood Branch. The City will include such park dedication in its regional trail system plan, and(except as provided above) the City will be responsible for the construction and maintenance of all improvements. All improvements will be designed to take maximum advantage of the natural topography and to minimize the impact on all trees. G. It is anticipated that the Property will be developed to include open space amenities for employees,visitors and customers such as trails,parks and other pedestrian-oriented areas. These amenities will be designed to take maximum advantage of the natural topography of the Property and to minimize the impact on all trees. These amenities will also be designed to be architecturally compatible with both the natural environment in which they are located and the buildings they serve. Details regarding these amenities will be provided as part of each site plan. Because these amenities serve only "private" development within the Property, a formal Pedestrian Access Plan is not required. H. In addition to open space amenities for employees, visitors and customers, the Concept Plan identifies Natural Areas around the full perimeter of the Property. These Natural Areas, together with the dedicated pew-Ian will buffer the Property from adjacent development. 2. DEFINITIONS. For purposes of this SABRE Non Residential Planned Unit Development, the following terms are hereby defined: A. "Applicable City Ordinances" means the ordinances of the City, as amended,that regulate the development and use of land within the City including, but not limited to, Zoning Ordinance No.480 and the Uniform Building Code. B. "Buildable Area" means all of the following areas(as shown on an approved final plat or approved site plan): (i)the"footprint"of each building or structure,(ii)the area within six feet of each building or structure foundation,(iii)public and private rights-of-way,(iv)public and private utility and drainage easements; (v)fire lanes, and(vi)all parking areas (including parking areas that exceed required parking). C. "Cily"means the City of Southlake,Texas D. "Concept Plan"means the concept plan attached as Exhibit B-1 to the PUD. E. "Natural Area" means those areas (as shown on the Concept Plan) that will be preserved as permanent open space to buffer the Property from adjacent development. F. "Pro e " means the real property described on Exhibit A to the PUD. 2 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:04350471LED G. "PUD Standards" means the development standards established by Exhibit B to the PUD. H. "PUD" means this SABRE Non Residential Planned Unit Development zoning district,Ordinance No. , including Exhibits A,B,B-1, and C attached hereto. Except as defined above, all terms used in this PUD shall have the meaning given to them by the Applicable City Ordinances. 3. DEVELOPMENT STANDARDS. The requirements of this Exhibit "B" (including the Concept Plan) constitute the PUD Standards that apply to the Property and pursuant to which all development within the Property shall occur. To the extent any aspect of development is regulated by these PUD Standards, it is the intent that these PUD Standards shall be exclusive. For example, the landscape standards set forth herein shall be the only landscape standards that apply to the Property. If these PUD Standards do not regulate a particular aspect of development, then such particular aspect of development shall be regulated by reference to those provisions of the Applicable City Ordinances that would otherwise apply to the "0-2 Office" zoning district, as amended. In the event of any conflict, inconsistency or ambiguity between the PUD Standards and the Applicable City Ordinances, the PUD Standards shall control. If an amendment to any Applicable City Ordinance results in any non-conformity within the Property, such non-conformity may be continued indefinitely, as a matter of right, and shall be treated (for all purposes) as a legal use of the Property to the same extent as if the non-conformity had never existed. 4. CONCEPT PLAN. The PUD is being processed with the Concept Plan attached hereto as Exhibit"B-I" and incorporated as part of the PUD for all purposes. The Concept Plan identifies (i)specific Natural Areas within which development is restricted, (ii)the approximate location of major private streets, and (iii)the area within which parking structures will most likely be located. The remainder of the Property will be available for development in accordance with these PUD Standards and the Applicable City Ordinances. All development within the Property must be consistent with the Concept Plan. In the event of any conflict or inconsistency between the PUD Standards and the Concept Plan, the PUD Standards shall control. Except as provided below, substantive changes to the Concept Plan shall be considered a zoning change to the PUD and shall be processed and approved in accordance with the Applicable City Ordinances. Notwithstanding the foregoing,however,the exact configuration of the private streets shown on the Concept Plan may be changed to accommodate the final design speed and geometry selected by the Property owner without such change constituting a zoning change to the PUD. Any such change based on the final selected design speed and geometry shall be provided as part of each site plan. Information contained on the Concept Plan that applies to land outside the Property is not part of the PUD and is provided for informational purposes only. 5. DEVELOPMENT PLANS. The development of each portion, section or phase of the Property must be in accordance with a development plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of development plans, and there shall be no minimum area for a development plan. Except as hereinafter provided, development plans shall not require additional or updated traffic impact analyses unless the cumulative total floor area proposed for development within the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing, however, if the original traffic impact analysis does not address full build-out or does not include traffic conditions for interim phases of development, then the City may require an updated traffic impact analysis with each development plan. Once approved, a development plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept and then constructed in 3 Zoning Case No.ZA99-056 REVISED Ak 16.1999 0 1 1907.00005:0435047.RED phases. The City recognizes that it is not feasible and is unrealistic to require a highly detailed development plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. The PUD, which is based on the Concept Plan, reflects only zoning approval of a basic concept and may not be implemented until full development plan approval for each portion, section, or phase has been granted; however, the approval of the Concept Plan entitles owners of the Property to rely on, and implement by subsequently approved development plans, the type, intensity, and density of uses set forth in the approved Concept Plan. Each development plan must be in substantial conformance with the approved Concept Plan. Amendments to approved development plans shall be reviewed by the Administrative Official andff deemed to be in substantial conformance with the approved development plans processed and approved in accordance with all Applicable City Ordinances; howevei otherwise, such amendments shall net be sensider,ed be processed as a zoning change to the PUD. 6. SITE PLANS. The development of each portion, section or phase of the Property must be in accordance with a site plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of site plans, and there shall be no minimum area for a site plan. Except as hereinafter provided, site plans shall not require additional or updated traffic impact analyses unless the total cumulative floor area proposed for development of the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing,however, if the original traffic impact analysis does not address full build out or does not include traffic conditions for interim phases of development, and if an updated traffic impact analysis was not required as part of the approved development plan, the City may require an updated traffic impact analysis with each site plan. Once approved, a site plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept, to then have development proceed though a series of phased development plans, and finally to have construction proceed through a series of phased site plans. The City recognizes that it is not feasible and is unrealistic to require a highly detailed site plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. Each site plan must be in substantial conformance with the approved development plan. Amendments to approved site plans shall be reviewed by the Administrative Official and�f deemed to be in substantial conformance with the approved site eieg plans, shall be processed and approved in accordance with all Applicable City Ordinances; leweve otherwise, such amendments shall be processed gs a zoning change to the PUD. 7. USES. A. Permitted Principal Uses. L The intent of this PUD is to permit the broadest range of "high-tech" uses to accommodate future technology changes in the fields of computer technology, information technology, data and information processing, and all services related thereto. The City recognizes, however, that future technology changes may occur beyond those that can be described in the PUD Standards. The Administrative Official of the City shall be authorized to interpret the following uses to accommodate future technology changes so as to achieve the intent of the PUD. 2. The PUD shall permit those principal uses set forth in the "0-2," Office District, Section 19,of the Comprehensive Zoning Ordinance,as amended. 4 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:043 5047.RED in addition, the fellewing pfineipal uses The PUD shall also be permitted 13e}F permit "parking structures" and alleys/drives(including jWed/restricted access entry points" as Principal uses 4. The PUD shall also permit "hotel" and "restaurant (with or without outside fining)" as principal uses if approved by a Special Use Permit Pursuant to Section 45 of the Zoning Ordinance,as amended. 5. The PUD shall also Permit the following additional principal uses: subject. however to the condition that no certificate of occupancy shall be issued for any of such additional Principal uses until at least 400,000 square feet of office space within the Property is occupied and being used as a corporate headquarters_ • Communications facility, including, but not limited to, facilities that utilize satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, and all related hardware, software and services. All satellite dishes, antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon(and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment(including screening, as applicable)will be provided with each site plan. • Computer technology facility (including, but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse/storage of computer hardware, software, and related services). • Conference center. • Data/information processing center. • HetehInformation technology facility, including,but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse/storage of information technology hardware, software, and related services. • PaFking stmefffes. Restaufant(A4th outside dining). • • Training center. 5 Zoning Case No.ZA99-056 REVISED July A 1999 011907.00005:04350471LED B. Accessory Uses. All accessory uses (including those described in subsections "C" and "D" below) must be inteaded-prin t' operated principally for the development of or use of the Property as a corporate headquarters and must be intended-pf-i�r y principally to serve or benefit tenants, employees, guests, visitors and customers within the Property. The PUD shall permit those accessory uses set forth in Section 34 of the Zoning Ordinance, as they apply to the "0-2", Office District, as amended. Except as otherwise provided by these PUD Standards, accessory uses must comply with Section 34 of the Zoning Ordinance_ as amended. In addition,the following accessory uses shall be permitted: • Covered pedestrian walkways. • Footbridges(designed to meet minimum NCTCOG standards). • Communication equipment, including, but not limited to, satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, etc. All satellite dishes, antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon (and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment(including screening,as applicable)will be provided with each site plan. • Utilities (including, but not limited to, utility buildings and structures, utility distribution lines, utility shop and storage, electric transformers, electric substations, telephone, electric, cable, and fiber optic switching stations, water and sewage pumping stations (above and below grade), water storage tanks and pumping systems (elevated or above grade),and water,sewer,electric, and gas meters). C- Accessory Uses Within Principal Use Buildings. The following accessory uses shall mly be allowed within the same building as a permitted principal use without regard to the floor area of such accessory uses: • Banks and financial institutions(including ATMs). • Beauty parlor/barbershop. • Day nursery or equivalent child care facility. • Drug store. • Specialty retail. • Health club/gymnasium. • Job printing, lithography,printing,or blueprinting. • Laundry/dry cleaning(drop/pick). • Mailing service(private). • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Newsstand. • Post office(governmental). 6 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.RED • Printing,engraving and related reproductive services. • Quick copy/duplicating services. • Recycling collection and/or storage. • Restaurant,cafe, cafeteria, or dining facility(with_o without outside dining). • Security guard quarters. • Shoe repair. • Stationery and/or book store. • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Warehouse/storage(inside). a Accessoly Uses on Separate Building Sit & The following accessory uses shall be allowed on a separate building site without regard to the floor area of such accessory uses; provided, however, none of the following accessory uses shall be allowed as a principal use. In addition, no certificate of occupancy shall be issued by the City for any of the following accessory uses until W certificates of occupancy have been issued by the City for one or more principal use buildings that contain (in the aggregate) at least 400,000 square feet of floor area; east 400.000 square feet of such principal use floor area are occupied and used as--a comorate headquartem: • Community facilities uses: a. private parks; b. recreational and open space to include playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, nature centers, bird and wildlife sanctuaries,pedestrian paths,bicycle paths, and equestrian bridal trails; C. athletic,health, and sport facilities to include gyms,aerobic centers,spas, swimming pools,athletic fields,and sport/tennis courts; and d. other uses of a similar nature and character. • Day nursery or equivalent child care facility. • Health club/gymnasium. • Heliport/verti-port if located at least 1,000 feet from (i) any single family resideafieA lets residentially zoned lot and (ii) any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however, to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing that any such heliport/verti-port is "private" and not available for any public use. Unless otherwise approved by the City CounciL the combined number of individual take offs and landings (including helistop/verti-stop trips) shall be limited to 20 per calendar month and the owner of the Property shall keep records which the City may review at 7 Zoning Case No.ZA99-056 REVISED Ah A 19" 011907.00005:0435047.RED any time. Notwithstanding the foregoing, however. the right to continue this use may be terminated by the City Council if the FAA (or any other federal governmental authority) takes v action that would preempt (or otherwise render invalid or ineffective) the ke off and landing flight path limitations set forth above • Helistop/verti-stop port if located at least 1,000 feet from (i) any Single family residential lets residentially zoned lot and (ii) any land located outside the Property and designated for single family use on the City's comprehensive land use plan; limited, however,to use by the owners of the Property and occupants or users of the improvements located thereon and subject to all applicable FAA requirements and approvals and subject to the designation of flight paths (on the applicable development plan or site plan) that do not result in the overflight of residential areas). An SUP shall be required if the proposed designated flight path will result in the overflight of any residential areas (which SUP, if granted, may limit the hours of operation). The Property owner shall notify the FAA in writing at any such helistop/verti-stop is "private" and not available for any nuhlic use Unless otherwise approved by the City Council, the combined number of individual take offs and landings (including heliport/yerti-port trips) shall be limited to 20 per calendar and the owner of the Property shall keep records which the City may review a any ime. Notwithstanding the foregoing.however, the right to continue this use may be terminated by the City Council if the FAA (or any other federal governmental authority) takes anv action that would preempt (or otherwise render invalid or ineffective) the take off and landing flight path limitations set forth above. • Maintenance equipment storage (outside/screened). Such storage shall be limited to use by the owners of the Property and occupants or users of improvements located thereon. No storage will be provided to any person or business located outside the Property. • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Restaurant,cafe,cafeteria,or dining facility(with or without outside dining). • Temporary residential accommodations for employees/customers/visitors(maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Temporary construction materials storage (for each phase of development, limited to the time during which active construction is ongoing and for a period of 30 days thereafter). • Temporary construction office(for each phase of development, limited to the time during which active construction is ongoing and for a period of 30 days thereafter). 8. DEVELOPMENT REGULATIONS. A. He_ i 1. Buildings. Except as provided below, (a)no principal use building shall exceed six (6) stories above grade, nor shall it exceed ninety (90) feet in height; and (b) no accessory use building shall exceed three (3) stories above grade, nor shall it exceed forty-six(46)feet in height. 2. Structured Parking. Except as provided below, no parking structure shall exceed six(6) levels above grade,nor shall it exceed sixty(60)feet in height. 8 Zoning Case No.ZA99-056 REVISED Jul!16.1999 011907.00005:0435047.RED 3. Architectural Features. Architectural features (i.e., portions of buildings or structures not intended for occupancy) which are integral to the architectural style of the building or structure (including spires,belfries,towers, cupolas, domes, feature walls and similar features) shall not exceed fifty (50) feet above the height of the building; if freestanding, they shall not exceed one hundred forty (140) feet in height; and both(i.e., roof-mounted and freestanding architecture features) shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 4. Special Equipment. Mechanical equipment, penthouses, ventilation equipment, satellite dishes, antennas, cooling towers, and other similar equipment shall not exceed the actual height of the building by more than twenty-five (25) feet, must be screened, must be integral to the building,and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h)of the Zoning Ordinance. 5. Pitched Roofs. The height of a building(regardless of building size)with sloped or pitched roofs shall be measured to a point 15 feet above the highest occupied floor level. The high point of the sloped roof may exceed the height limitations set forth above (i.e., maximum ninety (90) feet) by up to thirty-five (35) feet to allow up to a maximum height of one hundred twenty-five (125) feet and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h) of the Zoning Ordinance. All measurements shall be from grade,as defined by Ordinance No.480, Section 4.2. B. Setbacks 1. Front Yard. Except as provided below, the minimum front yard setback shall be 30 feet; however, up to 10% of the area of any building fagade may extend up to 15 feet into any required front yard to accommodate building articulation design requirements. Short term visitor and customer parking shall be allowed in required front yards. No front yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 2. Side Yard. Except as provided below, there shall be no minimum side yard setback. No side yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 3. Rear Yard. Except as provided below, the minimum rear yard setback shall be 10 feet. 4. Residential Proximity Slope. Notwithstanding the minimum setbacks set forth above, buildings within 400 feet of property zoned for single family uses shall have a minimum setback from the property line adjacent to such single family property of 40 feet or a distance that will not cause any building to exceed a height produced by a 4:1 slope line from the single family property (as contained in Section 43.13(h)of the Zoning Ordinance),whichever produces the greater setback. 5. S.H. No. 114. Notwithstanding the setbacks set forth above, the minimum setback along SH-114 shall be 50 feet. 6. Projections. Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices,and ornamental features not exceeding 48 inches. 9 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.RED 7. Accessory Buildings. Accessory buildings may be located anywhere within the Property(but not within any required setback). 8. Measurement of Setbacks. Setbacks shall apply to all private streets within the Property and shall be measured from the right-of-way line (whether established by platted lot,easement,or other instrument). C. Maximum Lot Coverage. The maximum lot coverage for all buildings (excluding parking structures)shall not exceed 50%of the total area of the Property. D. Maximum Impervious Coverage. The maximum impervious coverage shall not exceed 65%of the total area of the Property. E. Floor Area. There shall be no maximum floor area ratio for any improvements-.-The3 however. the maximum total floor area within the Pronegy (being the combination of floor area for all principal uses and accessory uses but excluding narking structures) shall be limited to 3.5 million square feet. 9. PARKING/LOADING. A. Parking Spaces Required. At least one parking space shall be provided for each 300 square feet of"principal-use" floor area developed within the Property. No additional spaces shall be required for any accessory use floor area. B. Location of Parking Spaces. All required parking spaces shall be located within the Property; however no parking shall be allowed within the Natural Areas shown on the Concept Plan. C. Parking Space Size. All parking spaces shall be at least 8%2 feet wide and 18 feet long. Structural columns within any parking structure may project into the perimeter of "head-in" parking spaces up to one half the cross-sectional area of the column. D. Off-Street Loading/Service Areas. At least one off-street loading/service area shall be provided for each 200,000 square feet of"principal-use" floor area developed within the Property. No additional area shall be required for any accessory use floor area. Development of the Property as a private, campus-style corporate headquarters offers an opportunity to consolidate loading and service functions within one or more buildings or one or more locations. Such consolidated locations minimize the need for multiple loading/service areas and isolate large truck traffic to a few selected locations within the campus. Smaller scale distribution is then permitted. The location of such consolidated areas will be shown on all site plans. 10. ARCHITECTURAL STANDARDS. A. Building, Materials; Masonry Requirements. Buildings within the Property may be constructed of a variety of different building materials, and there shall be no minimum masonry requirement. Building materials shall include masonry materials, as defined in Ordinance No. 557, architectural concrete, architectural metal panels,glass, and other similar materials. Pre-cast concrete panels (including "tilt-wall') may be used for accessory-use maintenance buildings that are not visible from public rights-of-way. In addition, the facade of any parking structure that is 10 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.RED visible east of the park dedication land shown on the Concept Plan shall (if constructed of architectural concrete)include an architectural treatment(e.g.,texture, color,relief,or detail). B. Reflective Glass. Any individual building facade may be 100% glass; however, no more than 80% of the total facade area of all buildings within the Property shall be glass. The maximum outward solar reflectivity of glass used shall be 35%. C. Facade Articulation. It is the intent of this PUD to comply with the spirit and intent of the City's requirement for building facade articulation standards; however, it is also the intent of this PUD to avoid the imposition of a rigid mathematical formula to achieve such articulation. Consequently, this PUD does require that building facades include design articulation that will be approved with each site plan. Facade articulation may be achieved for individual buildings through a combination of design techniques including, but not limited to, projections, overhangs, and incisions/cuts. Facade articulation may also be achieved by considering the effect of(i) the location of one building to another, (ii) the manner in which buildings are grouped, and (iii)variations in architectural surface treatments such as color, texture, relief, and detail. The facade articulations standards for parking structures will differ somewhat from the standards for office buildings because of their intended use (i.e., storing cars), reduced design flexibility, and the fact that visibility of such structures from SH-114 will be minimal (with no visibility of such structures during any but the very last phases of development). D. Exposed Structural/Architectural Columns. Structural concrete or steel elements may remain exposed if given some architectural treatment(e.g.,color,texture,relief,or detail). E. Roof Design Standards. All structures shall be constructed with either a pitched roof, flat roof with a parapet, mansard roof, or any combination thereof. All flat roof surfaces will be screened from ground level views. Parking structure decks shall not be considered roofs. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not be visible from ground level. 11. SCREENING. The following improvements shall be screened from view from public rights-of- way located outside the Property: mechanical equipment, rooftop appurtenances, satellite dishes, antennas, radio towers, outside storage, trash/recycling receptacles, and off street loading/service areas. No screening shall be required from any rights-of-way within the Property, and no screening shall be required for any surface parking lots or for any parking structures. Screening shall be accomplished with masonry, landscaping,or any combination thereof. 12. LANDSCAPE STANDARDS. The size of the Property, the "campus-style" development being proposed, the utilization of parking structures to minimize surface parking, and the requirement for at least 35% pervious cover will create a developed site with vast areas of open space that will include existing, natural vegetation, including thousands of mature trees. Consequently, there is no need for narrow bufferyards (and the related planting requirements) typically required for much smaller commercial sites. Nevertheless, in addition to the natural vegetation and trees that will be preserved, additional landscape standards are required for (i) the Natural Areas shown on the Concept Plan, (ii) interior landscape areas based on building size, and (iii) parking island landscaping for surface parking lots. The interior landscape area requirements and parking island requirements are very similar to the City's existing requirements; however, more liberal planting credits are allowed for enhanced paving and to preserve existing trees. Such credits are appropriate for a campus-style development and will strongly encourage retaining natural tree groupings and trees near future building sites. Such credits will also simplify and reduce the maintenance costs associated with large areas of small shrubs and ground cover. 11 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.RED A. Natural Areas. The Concept Plan identifies Natural Areas up to 50 feet wide and larger that virtually encircle the Property. These Natural Areas will be preserved as permanent open space, and,together with the park dedication, will buffer the Property from adjacent development. With the exception of small security structures (i.e., "guardhouses"), no paved surfaces or buildings or structures of any kind may be located within the Natural Areas without site plan approval. The intent is to preserve these areas in a natural, undisturbed condition; however, additional landscaping may be planted within them at the option of the Property owner. Natural Areas may be irrigated or left natural. B. Interior Landscape Areas. Subject to the reductions set forth below, the amount of interior landscape area required within the Property shall be computed based on all buildings (excluding parking structures) within the Property, and for each building (excluding parking structures) shall equal 50% of the largest floor area of such building. The following plantings shall be required within the Property based on the interior landscape area as computed above: one canopy tree per 600 square feet;one accent tree per 300 square feet;one shrub(15 inch deciduous or 12 inch evergreen)per 60 square feet; and 10%of such interior landscape area must be planted as ground cover. These required plantings shall be reduced as follows: 1. Existing Plant Credits. Existing trees which are within 250 feet of any building shall reduce the required plantings as follows: Size of Existing Tree Planting Reductions Canony Accent Shrubs 1'/z"—5" caliper 1 or 2 or 6 6"— I V caliper 2 or 3 or 12 12"and greater 3 or 4 or 18 2. Substitute Plantings. One additional canopy tree may be substituted for 10 shrubs or 500 square feet of ground cover. One additional accent tree may be substituted for five shrubs or 250 square feet of ground cover. 3. Enhanced Pavement Credits. For each square foot of enhanced pavement area, the required landscape area shall be reduced by 0.5 square feet,up to a maximum overall reduction of 25%. C. Parking Lot Landscaping. 1. Structured Parking. There shall be no landscaping requirements applicable to parking structures. 2. Surface Parking. a. Planter Islands. Planter islands shall be provided in all surface parking areas on the basis of 10 square feet of landscape area for each parking space provided. Where reasonably possible, each row of parking spaces shall provide the required landscape area; however, islands may be placed near buildings, throughout the parking area, or at the end of the rows away from buildings. These island requirements may be modified in situations where it would be 12 Zoning Case No.ZA99-056 REVISED Iglu 16,1999 0 1 1907.00005:0435047.RED beneficial to combine an awkward or hazardous island into a larger island. Planter islands shall have a minimum width of eight feet back-to-back if curbed or nine feet edge-to-edge if no curb is intended, and shall be 18 feet long. Planter island landscape areas count towards the total required interior landscape area. b. Existing Trees. The following variations to the planter island requirements shall be permitted to preserve existing trees. For existing trees, the minimum width of the planter island shall be as follows: 5" caliper or less= 8 foot minimum width 6"— 12" caliper = 12 foot minimum width greater than 12" caliper = 18 foot minimum width C. Planting Requirements. A minimum of 50% of all planter islands shall contain a minimum of one canopy tree(with the remaining area in shrubs,ground cover, grasses, or seasonal color). Planter islands which have light poles for lighting the parking areas may substitute two accent trees for the required canopy tree. At least 50% of all trees must be 4 inch caliper or greater, and the remainder must be two inch caliper or greater. 13. FENCING. Perimeter fencing visible from SH-114 will be constructed of wrought iron, masonry, other architectural metal, or any combination thereof. Other materials that are architecturally compatible with the buildings visible from SH-114 may also be used if approved by a site plan. Fencing that is not visible from SH-114 and that is generally screened by vegetation will be constructed of coated, dark-colored chain link. No fencing articulation shall be required. The details of fence design will be provided as part of each site plan. 14. ACCESS CONTROL STRUCTURES. Access control structures that are visible from any public rights-of-way outside the Property will be constructed of materials that are the same as or substantially similar to the buildings visible from such rights-of-way. Such structures may also be constructed of any other material that is architecturally compatible with the buildings that are visible, provided such other materials are approved on a site plan. Access control structures that are not visible from public rights-of-way outside the Property may be constructed of masonry, wood, architectural concrete,metal panels, or any combination thereof. 15. PARKS/TRAILS/OPEN SPACE. Except as provided in the Concept Plan, there shall be no other requirements for parks,trails,or public open space. 16. DRIVEWAY REQUIREMENTS. None of the standards or requirements for driveways included in Driveway Ordinance No. 634, as amended, shall apply to the Property. However, all development plans must include an "on-site" driveway safety and driveway-related traffic analysis performed by a professional traffic consultant: which analysis shall demonstrate, to the reasonable satisfaction of the City Council,that the driveway design does not create a traffic or safety hazard. 17. TREE PRESERVATION. A. Structured Parking. In order to mitigate the impact of large areas of surface parking(and the substantial tree removal that would necessarily result), the Property will be developed with at least two multi-level parking structures to accommodate at least 80% of the required parking. The most likely location for the parking structures (and the location with the least impact on existing tree cover) is the area identified on the Concept Plan. As provided by the City's existing 13 Zoning Case No.ZA99-056 REVISED July 16,1999 011907.00005:0435047.RED Tree Preservation Ordinance, the "footprint" of such parking structures (plus an area within six feet of the foundations) will be exempt from tree protection and tree replacement requirements. Because the use of parking structures will avoid paving large areas for surface parking, and because there is little design flexibility in the location of such parking structures, efforts to select garage "footprints" that minimize tree removal will not be required. All parking structures must be screened from Kirkwood Hollow by planting at least four canopy trees per 100 linear feet of structure fagade that faces Kirkwood Hollow. B. Other Improvements. As provided by the City's existing Tree Preservation Ordinance, the Buildable Areas for improvements other than structured parking shall also be exempt from tree protection and tree replacement requirements. Notwithstanding such exemption, however, the Property owner shall use commercially reasonable efforts shall be used to identify Buildable Areas in an attempt to minimize the removal of quality trees with a diameter of six inches or greater measured 4%2 feet above the ground. Such efforts shall not, however, require significant relocations of individual Buildable Areas or require Buildable Areas to be located so as to significantly alter or adversely affect the relationship of buildings, streets, and other improvements or otherwise significantly alter or adversely affect the overall master planning for development of the Property. This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between- original document : G:\DATA\DALLAS\VENTURM\LISTS\0435047.09 and revised document: G:\DATA\DALLAS\VENTURM\LISTS\0435047.12 CompareRite found 45 change(s)in the text Deletions appear as Overstrike text Additions appear as Double Underline text 14 Zoning Case No.ZA99-056 REVISED July 16.1999 011907.00005:0435047.RED City of Southlake, Texas MEMORANDUM July 14, 1999 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Sabre Campus Headquarters Project Resolution No. 99-58, modifying the terms and conditions of agreements by and among the City of Southlake, Texas, Maguire Partners-Solana Holdings, L.P., Maguire Partners Westlake Partnership, and The Sabre Group, Inc.; establishing and providing for tax abatement; authorizing its execution by the Mayor; and providing an effective date. Action Requested: Approval of the revised tax abatement agreement. Background Information: There have been several months of good-faith negotiations related to this project, more recently regarding the rezoning of the property. The negotiations during the rezoning raised a collective awareness regarding the need to modify the tax abatement agreement as it related to the types of uses that would be granted abatements. Along with this change, there were additional minor changes needed, all of which are summarized as follows: • Entity Name Change: The entity "MaguirePartners Solana Limited Partnership" changed to "Maguire Partners-Solana Holdings, L.P." throughout the document. Commercial Business Issue: Page 6, Item G of the agreement is additional language added to address the mutual intent that commercial businesses such as restaurants or hotels that were open to the public would not be granted tax abatements. • Premises Exhibit Change: As I mentioned in the presentation concluding the approval of the prior agreement, we should anticipate periodic changes to the "premises" exhibit as their construction schedules change. The attached agreement reflects a change from seven (7) premises to eight (8) premises. This should have no material impact on the City because we had intended to allow abatements as the buildings were constructed, still not granting any abatements after January 1, 2008 (unchanged). Financial Considerations: None, there have been no changes to any financial aspect of the agreements. Citizen Input/ Board Review: None required. Legal Review: The city attorneys have been significantly involved in reviewing and modifying (4w the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: Attached is the specific document for this agenda item as referenced above. City Council Actions: Staff Recommendation: Consider action desired and approve if found appropriate. Approved for Submittal to City Council: 4,1- 1 anager's Office �FrZ i RESOLUTION NO. 99-58 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, MODIFYING THE TERMS AND CONDITIONS OF AGREEMENTS BY AND AMONG THE CITY OF SOUTHLAKE, TEXAS, MAGUIRE PARTNERS - SOLANA HOLDINGS, L.P., MAGUIRE PARTNERS WESTLAKE PARTNERSHIP AND THE SABRE GROUP, INC. ESTABLISHING AND PROVIDING FOR TAX ABATEMENT; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 312 of the Texas Tax Code, the City Council of the City of Southlake, Texas has approved Resolution No. 99-26 adopting a Tax Abatement Policy which establishes guidelines and criteria governing tax abatement agreements, and electing to become eligible to participate in tax abatement; and WHEREAS, the City Council has been presented with proposed tax abatement agreements by and among the City of Southlake, Maguire Partners - Solana Holdings, L.P., Maguire Partners Westlake Partnership and The SABRE Group, Inc., copies of which are attached hereto as Exhibits "A" through "H" and incorporated herein by reference (hereinafter called the "Agreements"); and WHEREAS, upon full review and consideration of the Agreements, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreements on behalf of the City of Southlake. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council finds that the terms of the Agreements and the property subject to the Agreements meet the applicable guidelines and criteria governing tax abatement agreements previously adopted by the Southlake City Council. SECTION 2. The City Council finds that the contemplated use of the property subject to the Agreements and the improvements contemplated thereon in the amount set forth in the Agreements and the other terms of the Agreements are consistent with encouraging development of Reinvestment Zone Number 2 in accordance with the purposes for its creation and are in compliance with the Tax Abatement Policy, Chapter 312 of the Texas Tax Code, as amended, and all other applicable law. Page 1 1E-3 c SECTION 3. The terms and conditions of the Agreements, having been reviewed by the City Council of the City of Southlake and found to be acceptable and in the best interests of the City and its citizens, are hereby approved. SECTION 4. The City Secretary is hereby authorized to deliver (in compliance with Section 312.2041 of the Texas Tax Code) to the presiding officer of the governing body of each other taxing unit in which the property subject to the Agreements located a written notice that the City of Southlake, Texas intends to enter the Agreements, which notice shall include a copies of the Agreements. SECTION 5. The Mayor is hereby authorized to execute the Agreements and all other documents in connection therewith on behalf of the City, substantially according to the terms and conditions set forth in the Agreements. SECTION 6. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this the day of , 1999. Rick Stacy, Mayor ATTEST: Sandy LeGrand, City Secretary ,MKV W,IL�%X C�M o,DOC Page 2 EXHIBIT TAX ABATEMENT AGREEMENT FOR PREMISES A Page 3 �C`S EXHIBIT B TAX ABATEMENT AGREEMENT FOR PREMISES B Page 4 �E-l� EXHIBIT C TAX ABATEMENT AGREEMENT FOR PREMISES C Page 5 EXHIBIT D TAX ABATEMENT AGREEMENT FOR PREMISES D Page 6 EXHIBIT E TAX ABATEMENT AGREEMENT FOR PREMISES E Page 7 Li�Q EXHIBIT F TAX ABATEMENT AGREEMENT FOR PREMISES F Page 8 ifi�O EXHIBIT G TAX ABATEMENT AGREEMENT FOR PREMISES G Page 9 vl— EXHIBIT H TAX ABATEMENT AGREEMENT FOR PREMISES H Page 10 ��-12. 4 6, 1999 D AFT STATE OF TEXAS § _ COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: TAX ABATEMENT AGREEMENT A Effective as of the latest execution date shown immediately prior to the signatures to this Agreement, the City of Southlake, Texas (the "C "), duly acting herein by and through its Mayor, Maguire Partners-Solana Holdings, L.P., a Texas limited partnership ("Owner A"), Maguire Partners Westlake Partnership, a Texas partnership ("Owner B"), and The SABRE Group, Inc., a Delaware corporation ("SABRE"), hereby enter into this Tax Abatement Agreement A (this "Agreement"). (Owner A and Owner B are hereinafter collectively referred to as the "Owner".) WITNESSETH: WHEREAS, the City Council of the City of Southlake, Texas (the "City Council"), has adopted a resolution stating that the City elects to be eligible to participate in tax abatement; and WHEREAS, on the 4th day of May, 1999, the City Council adopted a Tax Abatement Policy (the "Abatement Policy"), attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the Abatement Policy constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Property Redevelopment and Tax Abatement Act, Texas Tax Code, Sections 312.001 et seq., as amended (the "Code"); and WHEREAS, on the 4th day of May, 1999, the Premises (hereinafter defined) was designated as part of City of Southlake Reinvestment Zone No. 2 (the "Zone"); and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Southlake area, it is in the best interests of the citizens of the City to enter into this Agreement in accordance with said Abatement Policy and Code; and WHEREAS, the City Council finds that the contemplated use of the Premises, the contemplated Improvements (hereinafter defined) to the Premises in the amount as set forth in this Agreement and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the Abatement Policy and the guidelines and criteria included therein, the Code and all other applicable laws; and 1 18 0 1 1907.00005:0431983.RED WHEREAS, this Agreement was authorized by Resolution of the City Council approved at its City Council meeting on the 4th day of May, 1999, authorizing the Mayor to execute this Agreement on behalf of the City; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; and WHEREAS, the parties contemplate that seven tax abatement agreements for property within the Zone will be executed in connection with the expectation that the Global Premises will be developed as a corporate campus meeting the minimum requirements of the Abatement Policy; NOW, THEREFORE, the City for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, and the Owner and SABRE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein below, as authorized by the Code, do hereby contract, covenant and agree as follows: I. GENERAL PROVISIONS A. Owner A or Owner B will be, on or before the commencement of any tax abatement provided hereunder, the owner of that certain parcel of land described on Exhibit B attached hereto and made a part hereof for all purposes (the "Premises"). The Premises are located within the Zone, and the Premises are located within the City limits. B. The Premises are not in an improvement project financed by tax increment bonds. C. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. D. None of the property subject to abatement of taxes under this Agreement is owned or leased by (i) any member of the City Council, or (ii) any member of a zoning or planning board or commission of the City. 11. IMPROVEMENTS AND JOBS A. As a condition to the tax abatement provided herein, Owner (1) shall make at a minimum a $10,000,000 (Ten Million Dollars) Capital Investment on and within the Premises on or before the Abatement Start Date, and (2) shall make (and/or have previously made) at a minimum $80,000,000 (Eighty Million Dollars) Capital Investment on and within the property described on Exhibit C attached hereto (the "Global Premises") by or before December 31, 2001 2 e 011907.00005:0431983.RED (which Capital Investment under this clause (2) must include, at a minimum, Improvements consisting of at least 450,000 gross square feet of office structures to be occupied by SABRE and/or its Affiliate(s)). For purposes of this Article II, the term "Owner" means, collectively, the owner of the Premises and each and every lessee entitled to abatement under Article VI of this Agreement. The approximate location(s) of Improvements to be located on the Premises is reflected on a preliminary site plan attached hereto as Exhibit B. For purposes of this Agreement, (y) the term "Improvements" shall mean any and all real property improvements to the Premises and shall include new buildings, structures and fixtures erected or affixed to land or existing real property, and (z) the term "Capital Investment" means an investment in Improvements and/or tangible personal property (other than inventory and supplies). For purposes of this Agreement, a Capital Investment in tangible personal property shall be considered to be made "on and within the Global Premises" (or "on and within the Premises") if the tangible personal property is located on such property (or on Improvements thereon) longer than temporarily or with the intent to be located on such property (or on Improvements thereon) longer than temporarily. B. As a further condition to the tax abatement provided herein, at least twenty-five percent (25%) of the Full-Time Individuals (defined below) working for SABRE at the Global Premises on each Testing Date (defined below) must reside in the County. For purposes of this Agreement, (1) the term "Full-Time Individual" means an individual who (a) holds a regular employment position that results in scheduled work of at least 35 hours per week and the provision of basic employee health care insurance at a reasonable rate, or (b) is an independent contractor who is scheduled to work at least 35 hours per week; (2) the term "Testing Date" means the first business day on or after January 15 of each year of the tax abatement provided for in this Agreement, (3) the term "Affiliate" means, with respect to SABRE, any Person directly or indirectly controlled by SABRE Holdings, Inc., and (4) the term "Person" means an individual, partnership, limited liability company, corporation, joint venture, trust, business trust, association, or similar entity and the heirs, executors, legal representatives, successors and assigns of such entity where the context requires. As used in the definition of"Affiliate," the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise. C. As a further condition to the tax abatement provided herein, there shall be a minimum of 1,000 Full-Time Individuals working for SABRE and its Affiliates on the Global Premises on or before December 31, 2001. III. PROPERTY SUBJECT TO TAX ABATEMENT, RATE OF TAX ABATEMENT, TERM OF TAX ABATEMENT AND RELATED PROVISIONS A. A tax abatement, as described herein, shall be granted in each year of the abatement period on (i) the Premises, (ii) all Improvements constructed on the Premises, and (iii) tangible personal property located on the Premises, as follows: 3 011907.00005:0431983.RED -7E-1S (1) The Premises and all Improvements constructed thereon shall be subject to tax abatement to the extent the market value thereof, as reflected on the tax rolls of •.._ Tarrant Appraisal District (the "Tax Rolls") in each such year, exceeds the value thereof, as reflected on the Tax Rolls, for the year in which this Agreement is executed (or, in the case of the Premises only, the year immediately preceding the year during which the tax abatement begins). (2) All tangible personal property located on the Premises shall be subject to tax abatement as provided herein, excluding (a) inventory and supplies, (b) tangible personal property located on the Premises before the execution of this Agreement, and (c) tangible personal property which has been on the Tax Rolls in Tarrant County for a prior year and which is moved to the Premises from a SABRE location in Tarrant County outside the Global Premises. B. The tax abatement rate under this Agreement for each year of the tax abatement period shall be ninety percent (90%) of the portion of the value of the Premises, Improvements and tangible personal property that are subject to abatement, as set forth in paragraphs A(1) and (2) of this Article III. Notwithstanding the immediately preceding sentence to the contrary, the tax abatement rate for any year shall be lowered to (1) 80% if the SABRE Tarrant Personnel Number (defined below) for such year is between 3,500 and 3,999; (2) 70% if the SABRE Tarrant Personnel Number for such year is between 3,000 and 3,499; (3) 60% if the SABRE Tarrant Personnel Number for such year is between 2,500 and 2,999; and (4) 50% if the SABRE Tarrant Personnel Number for such year is less than 2,500. For purposes of this Agreement, the term "SABRE Tarrant Personnel" means a Full-Time Individual working for SABRE or its Affiliate who is primarily working at a site located in Tarrant County (i.e., on the Global Premises or any other SABRE or subsidiary location in Tarrant County). For purposes of this Agreement, the term "SABRE Tarrant Personnel Number" means, with respect to any year, the mean average of the number of SABRE Tarrant Personnel on January 15 of such year and July 15 of such year. C. A ten (10) year tax abatement period is hereby granted. This period of abatement shall commence on January 1 of the first year following the calendar year in which a certificate of occupancy is issued by the City for an Improvement to the Premises (the "Abatement Start Date"); provided, however, that the Abatement Start Date cannot be after January 1, 2008. D. A portion or all of the Premises, the Improvements, and/or personal property located on the Premises may be eligible for complete or partial exemption from ad valorem taxes, as a result of existing law or future legislation. This Agreement is not to be construed as evidence that no such exemptions apply to the Premises, Improvements or personal property located on the Premises. E. The Owner or its assigns shall have the right to protest and contest any or all appraisals or assessments of the Premises, or of the Improvements thereon, or on tangible personal property, and the tax abatement provided for herein for such property shall be applied to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property. 4 c 'w 011907.00005:0431983.RED �G��W F. Following the expiration of the tax abatement period under this Agreement, the property subject to this Agreement shall become fully taxable, subject to any exemptions and special appraisals that may otherwise apply to such property. - IV. CERTIFICATION OF COSTS, CITY ACCESS TO PREMISES AND USE OF PREMISES AND IMPROVEMENTS A. On or before April 1 of each year, Owner shall certify annually to the City whether the Owner is in compliance with each applicable term of this Agreement. Such certifications shall be in a form reasonably satisfactory to the City, and shall include, at a minimum, information supporting Owner's conclusions that it met (or expects to meet) each condition and requirement to abatement set forth in this Agreement. Failure to timely provide such certification shall be an Event of Default hereunder. The City shall make a decision on its belief as to the eligibility for tax abatement under this Agreement for each year on or before August 1 of such year and shall notify Owner in writing of such belief on or before August 5 of such year. B. At all times throughout the term of this Agreement, in addition to other rights under applicable laws, city codes and city ordinances, the City shall, upon giving reasonable notice to the Owner, have access to the Premises during normal business hours by City employees for the purpose of inspecting same to insure that the Improvements are constructed and the Premises used and maintained in accordance with the conditions of this Agreement; provided, however, that the City shall use best efforts to not interfere with the normal business operations of the Owner on the Premises. C. The Premises and Improvements constructed thereon at all times shall be used in a manner (i) that is consistent with the City's comprehensive zoning ordinance applicable to the Premises, and (ii) during the period taxes are abated hereunder, is consistent with the general purpose of encouraging development or redevelopment within the Zone. D. SABRE shall use reasonable efforts to meet the following goals: (1) at least 25% (by dollar amount) of the construction activity and annual supply and service contracts with respect to Improvements located on the Global Premises shall be managed by contractors headquartered in Tarrant County; and (2) at least 15% (by dollar amount) of the construction activity and annual supply and service contracts with respect to Improvements located on the Global Premises shall be managed by "Disadvantaged Business Enterprise" contractors. E. Owner covenants that, throughout the Term, the Improvements shall be operated and maintained primarily as an office development which use is consistent with the City's zoning regulation applicable to the Premises in effect from time to time. F. Notwithstanding any provision in this Agreement to the contrary, (1) no tax abatement under this Agreement shall apply in any year during which the improvements on the Premises are not being used by SABRE or its Affiliate (or any permitted transferee thereof) primarily as a corporate-type campus or part of a corporate-type campus (or similar use), and (2) no tax abatement under this Agreement shall apply unless SABRE or any Affiliate of SABRE becomes 5 011907.00005:0431983.RED the Owner or lessee of all or a portion of the Premises on or before December 31, 1999, pursuant to Article VI.C. hereof. If SABRE or any Affiliate of SABRE does not become the Owner or lessee of all or a portion of the Premises on or before December 31, 1999 pursuant,to Article VI.C. hereof, this Agreement shall terminate on January 1, 2000, and all parties to this Agreement shall be relieved from all obligations and liabilities under this Agreement. a Notwithstanding any provision in this Agreement to the contrary no tax abatement shall e provided for any Improvement during the periods in which it is used as a cnmmerr. I busincs establishment (e.g., a restaurant or hotel) which is open to members of the public which are neither employees of SABRE or its Affiliate nor guests of SABRE or its Affiliate If Tarran_ Appraisal District denies a tax abatement for any Year based on its belief that this Article IV has not been complied with, the taxpayer shall have the burden to prove that this Article IV has been complied with. V. FAILURE OF CONDITIONS AND BREACH A. If the Owner breaches any of the terms of this Agreement other than the conditions set forth in Article II hereof, then the Owner shall be in default of this Agreement (an "Event of Default"). If an Event of Default occurs, the City shall give the Owner written notice of such Event of Default and if the Owner has not cured such Event of Default within sixty (60) days of said written notice, this Agreement may be terminated or modified by the City; provided, however, that if such Event of Default is not reasonably susceptible of cure within such sixty (60) days period and the Owner has commenced and is pursuing the cure of same, the Owner may utilize an additional ninety (90) days. Time in addition to the foregoing one hundred fifty (150) days may be authorized by the City Council. If this Agreement is terminated for any reason other than the failure of the conditions set forth in Article II of this Agreement to be met, then the tax abatement granted under this Agreement shall terminate for the year in which the notice of the Event of Default is given and all subsequent years (which shall be the only remedy of the City), it being understood that the tax abatement with respect to any year prior to the year in which such notice is given shall not be forfeited or recaptured. B. In the event the Owner does not comply with the conditions set forth in Article II, this Agreement may be terminated or modified by the City by giving notice and opportunity to cure as set forth in Article V.A. above. In the event that the condition in Article II.A.(2) hereof is not met due to Force Majeure (defined below), Owner shall have such additional time as is reasonably necessary after such occurrence abates or the effects thereof have dissipated to complete performance and, provided that Owner is diligently and faithfully pursuing the completion of performance, in the event of such occurrence, Owner's failure to meet the condition set forth in Article II.A.(2) hereof shall not be grounds for the City to terminate or modify this Agreement. The term "Force Majeure" means any contingency or cause beyond the reasonable control of Owner, including, without limitation, acts of God, or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Owner), fire, explosions, floods and strikes. Variations or additions in the Improvements from the description provided in the application for the abatement 6 e 0 1 1907.00005:0431983.RED ��r� D (if any) or any preliminary site plan shall not constitute either a failure to comply with Article II or an Event of Default, provided the value of such Improvements is equal to or exceeds the relevant value set forth in Article II. If this Agreement is terminated as a result of the failure to comply with the conditions set forth in Article II, then all taxes which otherwise would have been paid to the City without the benefit of abatement under this Agreement will become due to the City within thirty (30) days of termination, including all interest at the rate provided for delinquent taxes in accordance with Section 33.01 of the Texas Tax Code, subject to any and all lawful offsets, settlements, deductions, or credits to which the Owner may be entitled. The taxes and interest due upon termination become delinquent and incur penalties as provided by law for delinquent ad valorem property taxes if not paid by February 1 of the year following termination of this Agreement. The recovery of such taxes shall be the sole remedy of the City in the event of a default hereunder by the Owner. Notwithstanding any provision in this Agreement to the contrary, the abatement provided herein shall begin on the Abatement Start Date irrespective of whether it can be determined on such date if all of the conditions under Article II hereof to the tax abatement will be met. VI. EFFECT OF SALE OR LEASE OF PROPERTY A. After Owner A or Owner B acquires the Premises, all rights and obligations under this Agreement, including the tax abatement granted pursuant to this Agreement, shall be assignable, as provided below, to each new owner or lessee of all or a portion of the Premises, Improvements or tangible personal property located thereon, for the balance of the term of this Agreement. Owner A or Owner B may make such assignment or lease without City approval to (i) any affiliate of the Owner, or any successor by operation of law of the Owner, or of any such affiliate, including, but not limited to, any successor as result of any merger, consolidation, or other reorganization thereof(whether such successor is a corporation, business trust, or any other type of entity), (ii) SABRE or any Affiliate of SABRE, or (iii) any Person which leases all or a portion of the Premises, Improvements, or tangible personal property located thereon to SABRE or any Affiliate of SABRE. Any other assignment of the tax abatement granted pursuant to this Agreement shall require City approval, which shall not be unreasonably withheld. If Owner A acquires the Premises, Owner B shall be released from any and all obligations under this Agreement. If Owner B acquires the Premises, Owner A shall be released from any and all obligations under this Agreement. B. In the case of any total or partial transfer or assignment of the Premises and/or the tax abatement provided under this Agreement, either the transferor or the transferee shall notify the City of such assignment. Any transfer of fee simple title to any portion of the Premises to a Person which is not a permitted transferee as set forth in Article VI.A above shall result in the termination for subsequent years of the tax abatement granted under this Agreement with respect to (a) any Improvement or tangible personal property located on the Premises transferred or sold, and (b) the portion of the Premises transferred or sold. C. It is anticipated that Owner A or Owner B will transfer the Premises to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its Affiliate. In the event the Premises are transferred to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its 7 c 011907.00005:0431983.RED Affiliate, (i) this Agreement shall automatically be transferred to such transferee, (ii) the tax abatement provided herein and all attendant rights, liabilities and obligations under this `... Agreement shall vest in such transferee as to the property transferred, (iii) the Owner shall be fully released from all obligations and liabilities arising under this Agreement, (iv) such transferee shall be treated as "Owner" under this Agreement, and (v) any activity by such transferee (and its lessee) shall be included for purposes of determining whether the conditions of Article II hereof are met. VII. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail postage prepaid or by hand delivery: OWNER: Maguir-ePaftner-s Solana Limited Paftner- Partners-Solana Holding L.P. and Maguire Partners Westlake Partnership Nine Village Circle, Suite 500 Westlake, Texas 76262 With a copy to: Thompson & Knight 1700 Pacific Dallas, Texas 75201 Attention: William R. Van Wagner SABRE: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel With a copy to: Hughes & Luce, L.L.P. 1717 Main Street, Suite 2800 Dallas, Texas 75201 Attention: Jeff W. Dorrill CITY: Mayor City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla & Elam, L.L.P 500 Throckmorton Street 3400 Bank One Tower Fort Worth, Texas 76302-3827 Attention: Wayne K. Olson 8 L r ZO 011907.00005:0431983.RED All notices to Owner must also be contemporaneously delivered to SABRE. In addition, any other lessee of all or a portion of the Premises entitled to abatement under Article VI of this Agreement shall be entitled to receive notices with respect to thus Agreement by notifying each party to this Agreement of its desire to receive notice and setting forth its address. Any party may change its address by sending written notice to each party to this Agreement of its new address. VIII. SEVERABILITY In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. IX. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested will be addressed to a subsequent purchaser or assignee of the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default, if such is the case, the remaining term of this Agreement, the levels of tax abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. X. OWNER STANDING The Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same, and the Owner shall be entitled to intervene in said litigation. XI. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. Venue for any action arising under state law under this Agreement shall be the State District Court of Tarrant County, Texas. 9 y r Z, 011907.00005:0431983.RED XII. INDEPENDENT PARTIES Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Owner. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent superior shall not apply between the City and Owner, nor between the City and:any officer, director, member, agent, employee, contractor, subcontractor, licensees or invitees of Owner. XIII. RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of the County. XI-V. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant to the procedures set forth in Title III, Chapter 312, of the Code. XV. TAX ABATEMENT OBLIGATIONS It is agreed by the City and Owner that the signing of this Agreement by the City and Owner does not obligate any other taxing entity named herein to provide a tax abatement to Owner. Further, the refusal or denial of one or more taxing entities to provide tax abatement to Owner will not limit or prevent any of the other taxing entities named herein from providing tax abatement to Owner. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] f 10 -y r -22- 011907.00005:0431983.RED EXECUTED this day of May hjly, 1999, by the City. EXECUTED this day of May JJ&, 1999, by Owner A. EXECUTED this day of May]J&, 1999, by Owner B. EXECUTED this day of May hil , 1999, by SABRE. CITY OF SOUT14LAKE CITY of SoUTHLAKE Rick Stacy, Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 11 011907.00005:0431983.RED PARTNERSHIP MA , TIRE.PAR Rs-SO .ANA a Texas limited partnership By: Maguire Partners SCS_ a California coroorationArm; Rnlas�z GP Limited Liability Eempany, its general partner its sole fn id m mbef rc e e By, Tom Allen Managing T-fustee ATTEST: Bv: Tom Allen, Executive Vice President PARTNERSHP MAGUIRE.PARTNERS W .ST .A E, PARTNERSHIP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California limited liability company, its managerggnrral By: Maguire Partners SCS, Inc., a California Eerper-atiel};corporation, its manager ATTE T- By- By- Tom Allen,&pier Executive Vice President By: Maguire Partners Solana, LLC, a California limited liability company, its manage ct�er�1 By: Maguire Partners SCS, Inc., a California C-erper-atiea-, corporation. its manager 12 C�ZA 0 1 1907.00005:0431983.RED ATTEST: `- AL ATTE&T,Tom Allen. Executive Vice Pre idenTHE SABRE GROUP, t •, lEl TirriLE!.THE SABLE. GROUP, Ivc• a Delaware corporation ATTEST: By: am Title: 13 -IE_' - 011907.00005:0431983.RED MAYOR'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rick Stacy, Mayor of the City of Southlake, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Southlake, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council Of the City of Southlake, and that he executed the same as the act of the said City for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May July, 1999. Notary Public, State of Texas My commission expires 14 _ 0 1 1907.00005:0431983.RED OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Allen in the following capacities: (a) Magttir-ePartner-s Solana Business Tpast, sole 1 member- ef Maguir-ePaftner-s Sela GP Limited Liability Company Executive Vice President of Maguire Partners SCS. Inc,, general partner of Maguire Partners-Solana Holdings, L.P.. (b) Executive Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, manage1 general partner of Maguire Partners-Dallas, Ltd., general partner of Maguire Partners Westlake Partnership, and (c) Senie Executive Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, general partner of Maguire Partners Westlake Partnership, 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 capacities therein stated as the act and deed of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May July, 1999. Notary Public, State of Texas My commission expires 15 �!'1 011907.00005:0431983.RED SABRE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , being the of The SABRE Group, Inc., 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 as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Mey J&, 1999. Notary Public, State of Texas My commission expires 16 C`Z% 011907.00005:0431983.RED COUNTY SIGNATORY PAGE �-- County of Tarrant, Texas STATE OF TEXAS § COUNTY OF TARRANT § Tarrant County ("County"), the undersigned taxing unit, having jurisdiction over the Premises as described in the attached Tax Abatement Agreement A (the "Agreement"),joins in the execution of the Agreement by and among the City of Southlake, Magtt ..ePai4neFS Selan Limited Paftner-ship Maguire Partners-Solana Holdings, L.P. ("Owner A"), Maguire Partners Westlake Partnership ("Owner B") and The SABRE Group, Inc. ("SABRE"), for the purpose of granting ad valorem tax abatement on the eligible real and personal property in the manner and in accordance with the terms set forth in the Agreement, conditioned upon compliance with the provisions of the Tarrant County Tax Abatement Policy as set forth below, and authorizes this page to be affixed to the Agreement. By joining in the Agreement, the County shall have all rights, privileges and powers as provided to the City in the Agreement. (Owner A and Owner B are hereinafter collectively referred to as "Owner".) In addition to any performance criteria and reporting requirements provided for in the Agreement, the Owner agrees to comply with and satisfy the provisions and requirements as set r, forth in the Tarrant County Tax Abatement Policy, except those for which variances are granted. Should the Owner fail to satisfy any of these requirements, the Owner may be found to be in default of the Agreement with Tarrant County. In the event of such a default, the Owner shall provide a statement explaining the reason for the failure to meet the requirements, with a recommended course of rectification. Failure to meet the above requirements may result in taxes abated during the year in which the default occurred to be due and payable, subject to the provisions of the Agreement concerning Events of Default. This Agreement was authorized by the minutes of the Commissioners Court of Tarrant County, Texas, at its meeting on the 1 Ith day of May, 1999, whereupon it was duly determined by appropriate order that the County Judge would execute the Agreement on behalf of Tarrant County, Texas COUNTY OF TAR ANT TEXAS COUNTY OF TARRANT,,T AAs Tom Vandergriff County Judge 17 p-,7 q 011907.00005:0431983.RED Date Executed: M A GUIREP A DTNERS SO A A A i IAHTED nrrrv-crrr�rrrrazz- _� o v�rs rnrrrrrrrJa PARTNERSHIP MAGLIIRF PARTNERS-SO .ANA HoL.DINGs, L..P., a Texas limited partnership By: Maguire Partners SCS. Inc.. a California corporation ' fee? One- Solana GP Lifnite Liability eempany, its general partner R.J T,.• ag ePaf4aers Solana Business ATTEST: itssole manager- By: Bv- Tom Allen, Executive Vice President A4;j=Rbir��; D.T Exrte `FED.! PARTNERSHP MAGUIRF.PARTNERS WE&T AKF PARTNERSHIP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California limited liability company, its manageF aj By: Maguire Partners SCS, Inc., a California C-erperatien,, corporation. its manager ATTEST: Ems'' ;? : Tom Allen,Seniei Executive Vice President 18 r-2 D 0 1 1907.00005:0431983.RED By: Maguire Partners Solana,LLC,a California limited liability company, its 1smmageF By: Maguire Partners SCS, Inc.,a California etiel3;corooration. its manager Tom Allen, Senior-V' D 'd en Date-Exee-uted TT14E SABRE GROUP,DTI BT' TA TEST: Tom Allen. Executive Vice Pre iden THE SAB F, GRo TP, INS a Delaware corporation TT T- Byj Title: 19 011907.00005:0431983.RED Date E1reeuted: COUNTY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Vandergriff, County Judge of TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, that he was duly authorized to perform the same by appropriate order of the Commissioners Court of Tarrant County, Texas, and that he executed the same as the act of the said County for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May 11k1 , 1999. Notary Public, State of Texas My commission expires 20 -I E`32 011907.00005:0431983.RED EXHIBIT A to `► Tax Abatement Agreement ABATEMENT POLICY [Attached] Exhibit A C_33 011907.00005:0431983.RED City of Southlake, Texas Tax Abatement Policy May 4, 1999 Section I. General Purpose and Objectives A. The City of Southlake, Texas, is committed to the promotion and retention of high quality development in all parts of the City; and to an on-going improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Southlake will, on a case-by-case basis, give consideration to providing tax abatements as stimulation for economic development in Southlake. It is the policy of the City of Southlake that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Southlake is under any obligation to provide tax abatement to any applicant. All applicants shall by considered on a case-by-case basis. Section II. Applicability A. This tax abatement policy establishes guidelines and criteria for tax abatement programs and agreements under the provisions of Chapter 312 of the Texas Tax Code. Section III. Abatement Criteria A. Any consideration for a tax abatement shall be reviewed by the City of Southlake City Council. The review process will examine the "value added" terms of the project. Considerations by the City Council shall be for new construction, whether it is a new facility or an expansion of an existing building. B. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project, including costs to the City for providing services, impact on the environment and the local housing market, and required infrastructure. C. Value and Term of Abatement. Abatement shall be granted effective with the execution of the agreement. The amount of the abatement will be determined based on the merits of the project, including, but not limited to, total capital investment, added employment, and average annual salary. Abatement will be granted for a maximum of ten years. Abatement may be granted only for the additional value of eligible property improvements made subsequent to and listed in a tax abatement agreement. 1.) For new businesses, the project must be reasonably expected to produce a minimum added value of Ten Million Dollars ($10,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 1,000 full-time jobs, with an average annual total compensation of$50,000. -7E-34 Tax Abatement Policy - Adopted by City Council Resolution No.99-26 on May 4, 1999 - Page 1 of 2 2.) For expansion or modernization of existing businesses, the project must be reasonably expected to produce a minimum added value of Five Million Dollars ($5,000,000) in real and personal property improvements within the City of Southlake, and create a minimurrrof 500 new full time jobs with an average annual total compensation of$50,000. D. Consideration will also be given for direct sales tax that is generated by the applicant. Section IV. Recapture A. If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year(s) in which the default occurred or continued. Section V. Inspection and Financial Verification A. The terms of the agreement shall include the City of Southlake's right to (1) review and verify the applicant's financial statements in each year during the life of the agreement prior to granting a tax abatement in any given year, and (2) conduct an on-site inspection of the project in each year during the life of the abatement to verify compliance with the terms of the tax abatement agreement. Section VI. Evaluation A. Upon completion of the construction of the facilities, the City shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. Section VII. Severability and Limitation A. In the event that any section, clause, sentence, paragraph or any part of this Tax Abatement Policy shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of the guidelines and criteria in this Tax Abatement Policy. Section VIII. Expiration and Modification A. This Tax Abatement Policy is effective upon the date of its adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts created pursuant to its provisions will be reviewed by the City Council to determine whether the goals of the abatement program have been achieved. Based upon that review, the Tax Abatement Policy may be modified, renewed or eliminated. B. Prior to the date for review, as defined above, the Tax Abatement Policy may be modified by a three fourths vote of the City Council, as provided for in Chapter 312 of the Texas Tax Code. Tax Abatement Policy - Adopted by City Council Resolution No.99-26 on May 4, 1999 - Page 2 of 2 EXHIBIT B to `�- Tax Abatement Agreement PREMISES [Attached] Exhibit B 011907.00005:0431983.RED .� ll.cl l.-l.l ol+ out •/2.1•� �.vxrVn.'11L JGx111 r •Cr00.) �-: Y, H I g l-T 1 1 Ayr`"' 7%4 1.4 tt 164 •\ -. .� ` .. .� ,' 1.i :--�v. 1 1 ,��1, •\ :- -!, - � './ I- .f '� 1. � ~•_ _ -a`7 EXHIBIT C to L Tax Abatement Agreement GLOBAL PREMISES [Attached] This redlined draft, generated by CompareRite (TM) -The Instant Redliner, shows the differences between- original document G:\DATA\DALLAS\DORRILJ\AGREEMEN\0431 983.02 and revised document: G:\DATA\DALLAS\DORRILJ\AGREEMEN\0431 983.04 CompareRite found 55 change(s) in the text Deletions appear as Overstrike text Additions appear as Double Underline text Exhibit C 011907.00005:0431983.RED c;�t _J3 A M 0 Q W t i er / > V - O�� G j z _d 3 C r i �I�-39 C City of Southlake, Texas MEMORANDUM i July 16, 1999 i To: Billy Campbell, City Manager From: Ron Harper, Director of Engineering Services Subject: Ordinance No. 750, 2"d Reading, Abandonment of utility easement and temporary construction easement on T.W. King Road, Lot 1, i Block A of the MTP-IBM Addition No. 1 I i i Action Requested: Abandon a utility easement and temporary construction easement on Lot 1, Block A of the MTP-IBM Addition No. 1. Background Information: In order to construct the 24-inch transmission water line from I Trophy Club to the T.W. King pump station, several utility easements are required to be obtained. One such easemeni is across lot 1, Block A of the MTP-IBM Addition No. i (see attached exhibit). The surveyor inadvertently misidentified Texas Utilities as the rightful property owner on the easement document when in fact the rightful owner was Maguire Thomas Partners. The easement document was forwarded to Texas Utilities by the i City for execution. Texas Utilities executed the easement document and subsequently, the document was signed by the Mayor and sent to Tarrant County for filing. The easement was filed in Tarrant County prior to the knowing a mistake had occurred. Therefore, the easement has shown up on title searches that have been completed on the property even though the rightful owner did not grant the easement. In order to correct the title work on the property, the easement will be abandoned from the property. The City is in the process of acquiring the easement from the rightful property owner. Financial j Considerations: Not Applicable. i i 7F-1 Citizen Input/ Board Review: City Council approved the first reading of this ordinance at the July 6, 1999 City Council meeting. Legal Review: This easement is considered null and invalid since the rightful property owner did not grant it. The attorneys have recommended Council formally abandon the easement. This will create a clear title. Alternatives: Not Applicable. Supporting Documents: Ordinance No. 750 Map Exhibit Staff Recommendation: Staff recommends that the City Council abandon the utility easement and temporary construction easement on Lot 1, Block A of the &iTP-iBTVl Addition No. 1. Please place this item on the July 20, 1999 Regular City Council Agenda for public hearing and second reading. Ron Harper, P.E. Director of Engineering Services Approved for Submittal to City Council: Z4� C ty anager's Office 7F-2 CITY OF SOUTHLAKE ORDINANCE NO. 750 AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, LOCATED IN THE CITY OF SOUTHLAKE, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST, AND CONTROL OF THE UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that this utility easement and temporary construction easement, located in the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by their vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said utility easement and temporary construction easement, the City desires to execute a quitclaim deed releasing all title, ownership and control in said utility easement and temporary construction easement to the owners of the abutting properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 7F-3 Section 1 The following utility easement and temporary construction easement are hereby vacated and abandoned as a: dedicated utility easement and temporary utility easement, more specifically described in Exhibit A and shown on Exhibit B. The utility easement and temporary construction easement are not being used by, nor useful or convenient to the public in general. It constitutes a public charge without corresponding benefit, and the public would be better served and benefited by their vacation and abandonment. The utility easement and temporary construction easement are so vacated and abandoned shall revert in fee simple to the owners of the abutting property. Section 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement and temporary construction easement on the behalf of the City of Southlake, Texas Section 3 A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. Section 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this 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. 7F-4 Section 5 This Ordinance shall be in full force and effect from and after its passage, and it so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (wo, 7F-5 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT BEING a 20 foot wide strip of land crossing Lot 1, Block A, MTP-IBM ADDITION NO. 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in volume 388-211, Page 68 & 69 of the Plat Records of Tarrant County, Texas. Said 20 foot wide strip of land being 10 feet on both sides of the following described center line: BEGINNING at a point in the North boundary line of said Lot 1, lying S 890 47' 08" E, 26.90 feet, from the Northwest corner of said Lot 1; THENCE S 000 16, 31" W 37.65 feet, severing said Lot 1, to a point at the beginning of a curve to the left,- THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left, having a radius of 1378.60 feet, a central angle of 050 58, 31", and a chord bearing S 020 42' 42" E 143.71 feet, to a point in the South boundary line of said Lot 1, and the end of this easement; 7F-6 BRriTAIN &CRAwFORD EXHIBIT B We SUM--"• PERMANENT UTILITY wppm <.,,,• NF 1_,,,.,.„.... , ,.� n Q ��1 r.0.Ml,Ifr..l.,<>u.�w MITI rRL�1f EASEMENT ran•an ,io I I I I I i I I ► I I i I I o I I i l ALVIN F. OIEN VOLUME 1576 PG. 446 I I I I D.R.D.C.T. O I 7o.o I I I I I I I I I I I PLAM OF BEGINNING I 2e.9a _I - - - - - - - - NOR"M LIIr 1 A 11p-Wm I I 37 • I ICOM LINE W WIDE AREA PEW TEE UTiU" f EASE o I 3.826 SQUARE FEET 05OW31" I I I R - 137d.60' I L- 143.77' LOT 2 BLK A LC. - EO2'WQ" E I I I ( 143.71' s 9.2.4•1U'•E ' LOT 1 WX A 29.52• I W. MEDLIN SURVEY i ABSTRACT No. 1958 LOT 3 BLK A 1 1 1 1 1 i \o• ��' P \\ V SURVEM ON THE GROUND 1 \O\ lba OCTOBER 13, 1697 c,• O Q \ /�� JIHNHIST:Ml-=� RIITAIN PROTEMONAL �\ �'�Q Jo' LAND STATE OF TEXAS NO. 1674 ob \ J 1�..�F•_TF•� � � \ JAMES 1. BRITTAIN SURD LOf 4 BLOCK A \ \ PERMANENT UTILITY EASEMENT LOT 1 BLOCK A MTP—IBM ADDITION No. i 7F-7 i EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 57.4 foot wide strip of land located in Lot 1, Block A, MTP-IBM ADDITION NO. 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 386-211-, Page 68 & 69 of the Plat Records of Tarrant County, Texas. Said 57.4 foot wide strip of land being 30 feet East of and 27.4 feet West of the following described center line: BEGINNING at a point in the North boundary line of said Lot 1, lying S 890 47' 80" E 26.90 feet, from the Northwest corner of said Lot 1; THENCE S 000 16, 31" W 37.65 feet, severing said Lot 1, to a point at the beginning of a curve to the left; THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left, having a radius of 1378.60 feet, a central angle of 050 58. 31", and a chord bearing S 020 42' 42" E 143.71 feet, to a point in the South boundary line of said Lot 1, and the end of this easement; 7F-8 r BRrr AW &CRAWFORD IM St EXHIBIT B ,�„ „#Ppv s TEMPORARY CONSTRUCTION a.. -K,a..--11. !Y ...1.171..NM7 11374.7.0•mW /K.r7 EASEMENT ZO ALVIN F. OIEN VOLUME 1576 PG. 446 O D.R.D.C.T. I 70.o L I PLACE OF BEGINNING 26.90' LOT 1. A • "w iud7P-ieu 37 27 57.4'WIDE TETiPOR wr CONSTRUCTION EASEMENT AREA 10.422 SOVARE FEET _ ' o. 05058.31» R 1371LGW i L= 143.77' LOT 2 BLK A LC. : S 02.42.42» E 143.71' S 9.24'10"E I � ' LAT 1 91.IC A 28.s2 W. MEWN SURVEY I ' I ABSTRACT No. 1958 ` LOT 3 BLK A N I I P moo. bj lb-b SURVEYED ON THE GROUND 1 �- G• OCTOBER 13, 1997 G O Q �0 G AIN 4REGWT=-ED PROSIONAL LAND O SURVEYOR EY NO. 1874 ob \ \ \ ...................TF \ JAMES\ _ - L. BRITTAIN LOT 4 BLOCK A \ <"y 1674 \ \ SURD \ TEMPORARY CONSTRUCTION EASEMENT LOT I BLOCK A 7F-9 MTP—IBM ADDITION City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager _ FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99-57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center Action Requested: City Council consideration of Resolution No. 99-57, amending the Fee Schedule to include court usage fees for the Southlake Tennis Center. Background Information: Annually, the City Council reviews the City Fee Schedule as part of the budget process. The schedule sets the fees charged by the City for a variety of services, including building permit fees, copying fees, building reservation fees, etc. The park-related fees are reviewed by the Park Board and recommended to the City Council as part of the Council's consideration of the overall Fee Schedule. In October, 1998 the Park Board reviewed and recommended fees for park-related activities to the City Council. At the time, staff considered adding fees for the Tennis Center under construction, but recommended to the Board that these fees be further researched as we got closer to opening of the facility, and amending the fee schedule at the appropriate time. The Board agreed with this approach. In order to prepare for the expected opening of the tennis center in late summer, it is necessary to establish fees to be charged for court usage. Although these are public courts, it is common practice for municipal tennis centers to charge usage fees to offset the costs of operation and maintenance for this type of facility. In addition to the 13 tennis courts, there will also be a number of services and amenities available to all patrons of the tennis center. A 2,450 square foot pro shop will offer meeting rooms and lounge area, restrooms, showers and locker areas, concession sales, covered patio area and benches, child care for court users, and pro shop sales and services such as racquet stringing, etc. The proposed fees are similar to those charged by North Richland Hills and Arlington tennis centers, which have facilities comparable to Southlake's, with the exception that the annual membership fees are lower than those of the other cities. It should be noted that patrons are not required to be members, this is simply a convenience or cost- effective measure for the avid user. The attached summary comparison of fees shows the proposed fees for Southlake in comparison to area cities. Other cities offer a variety of other amenities to annual 9A - 1 a ' Billy Campbell, City Manager July 16, 1999 Page 2 membership cardholders, and we expect to do the same. As noted before however, the main benefit of the annual membership is the waiving of hourly court usage fees. Financial Considerations: City Council has stipulated that the City will receive 25% of all court usage fees shown on the proposed fee schedule. There is a court usage fee associated with all lessons, leagues, camps, and open play. The City will also receive 25% of annual court usage membership fees. Citizen Input/ Board Review: The Park Board reviewed the fees proposed by staff at their July 12, 1999 meeting and unanimously approved the proposed fee schedule with the following changes: • Added an annual junior membership fee (18 years of age and under) -- $75 residents; $100 non-residents. • Increased the annual non-resident fee for family and individual -- $275, individual non-resident; $375 family non-resident. The Park Board raised these fees to achieve a percentage parity with the resident/non-resident hourly court usage fees (40% increase for non- residents). Since the Park Board meeting this week, there has been some further discussion and research regarding the applicability of the "league" fees. In regards to external leagues, (i.e., NETT, TCD, others), the application of a $30 per person fee can result in some inequities. Not all leagues play at the home court each week, not all leagues are seven weeks, and not all players on a team play each week (some teams have 14 members, but only 8 play each week). Therefore, staff proposes that the league fees be changed to one of the following options: (a) League fees of$30 per person for seven week league apply to only "in-house" leagues (those established by the tennis center manager), and external leagues pay the resident hourly court usage fee for each court session. ($2.50 per court session) (b) League fees be changed to all leagues paying the resident fee of$2.50 per court session. . Note that the fee schedule does not reflect this recommendation, only the recommendation of the Park Board. Legal Review: N/A 9A - 2 Billy Campbell; City.Manager July 16, 1999 Page 3 Alternatives: Changes to proposed fees as desired. _ Supporting Documents: • Resolution No. 99-57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center. • City of Southlake Fee Schedule with the current structure and the proposed changes. • Survey of area tennis facilities schedule of fees. Staff Recommendation: City Council review and consideration of proposed court usage fees for Southlake Tennis Center. Approved for Submittal to City Council: Z4/- 9fty anager's Office 9A - 3 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99-57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center Action Requested: City Council consideration of Resolution No. 99-57, amending the Fee Schedule to include court usage fees for the Southlake Tennis Center. Background Information: Annually, the City Council reviews the City Fee Schedule as part of the budget process. The schedule sets the fees charged by the City for a variety of services, including building permit fees, copying fees, building reservation fees, etc. The park-related fees are reviewed by the Park Board and recommended to the City Council as part of the Council's consideration of the overall Fee Schedule. In October, 1998 the Park Board reviewed and recommended fees for park-related activities to the City Council. At the time, staff considered adding fees for the Tennis Center under construction, but recommended to the Board that these fees tow be further researched as we got closer to opening of the facility, and amending the fee schedule at the appropriate time. The Board agreed with this approach. In order to prepare for the expected opening of the tennis center in late summer, it is necessary to establish fees to be charged for court usage. Although these are public courts, it is common practice for municipal tennis centers to charge usage fees to offset the costs of operation and maintenance for this type of facility. In addition to the 13 tennis courts, there will also be a number of services and amenities available to all patrons of the tennis center. A 2,450 square foot pro shop will offer meeting rooms and lounge area, restrooms, showers and locker areas, concession sales, covered patio area and benches, child care for court users, and pro shop sales and services such as racquet stringing, etc. The proposed fees are similar to those charged by North Richland Hills and Arlington tennis centers, which have facilities comparable to Southlake's, with the exception that the annual membership fees are lower than those of the other cities. It should be noted that patrons are not required to be members, this is simply a convenience or cost- effective measure for the avid user. The attached summary comparison of fees shows the proposed fees for Southlake in comparison to area cities. Other cities offer a variety of other amenities to annual 9A - 1 City of Southlake,Texas RESOLUTION NO. 99-57 A RESOLUTION OF THE CITY OF SOUTIMAKE, TEXAS, AMENDING RESOLUTION NO. 98-70; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97-59; 94469 NO. 94-61, NO. 95-059 NO. 95-34, NO. 95- 509 NO. 96-57, NO. 97-509 NO. 97-599 NO. 99-07; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 98-70, set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the Fee Schedule and has determined that certain fees should be amended in the fee schedule. I NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Section VI, Community Services Activities-#8, Southlake Tennis Center Court Usage Fees, be added per the attached City of Southlake Fee Schedule. Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 98- 70 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3. That the fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of , 1999. CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor Rick Stacy Sandra L. LeGrand City Secretary N:\Parks&Recreation\BOARDS\CC\1999\Qtr 3\RES99-57.doc 9A - 4 CITY OF SOLMMAKE FEE SCHEDULE ACTIVITY FEE „r SECTION I. Administrative Activities 1. NSF Check Return Charge (amended Res."7-59) $20.00 Credit Card Return Charge $20.00 y 2. Cost of Copies of Public Information(amended Res.k98-7o) according to the approved General Services Commission Charge Schedule (Attachment "A") 3. Water Customer Mailing Labels (Amended Res.#97-59) $45.00 4. Offense/Accident Report : (Amended Res.#95-50) Basic $ 4.00 Certified $ 6.00 Written Certification that no report exists $ 4.00 5. Burning Permits $0.00 6. Ambulance Fees (amended Res.#98-70): Local Transport $300.00 7. House Moving Permit $10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move 8. Solicitation/Vendor Permit $35.00 (Co. license) +$10.00/Agent + $1,000 Surety Bond 9. Seasonal Permits $25.00 10. Vital Statistics: Certificate of Death $9.00 / 1st copy 3.00 each add'1 copy at time of initial request Certificate of Birth (Amended Res.#95-34) $13.00 / copy 11. Wrecker Permit Fee: (Amended Res.#9"1) Permit fee per wrecker vehicle $24.00 per year (waived for contract agency) Permit Fee per authorized driver $12.00 per year Ce (waived for contract agency) L:\FINANCE\BUDGEn98-99\FEE1198.DM PAGE 1-FEE SCHEDULE 9A - 5 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 12. Credit Card Use Fees (added Res.r97-59) (Municipal Court Fines and Fees Only): up to and including $200 $2.00 $201 to $300 $4.00 $301 to $400 $6 00 r $401 to $500 $8.00 $501 to $600 $10.00 $601 to $700 $12.00 $701 to $800 $14.00 $801 to $900 $16.00 $901 to $1,000 $18.00 $1,001 and up $20.00 SECTION II. Community Development Activities 1. Board of Adjustment requests $200.00/request 2. Amendment to Zoning Ordinance $200.00/request 3. Zoning Only $200.00 + $10/Acre 4. Concept Plan Only $200.00 + $10/Acre 5. Zoning and Concept Plan (amended Res.#98-70) $400.00 + $20/Acre 6. Zoning and Site Plan (amended Res.#98-70) $400.00 + $20/Acre 7. Specific Use Permit $200.00 + $10/Acre 8. Site Plans $300.00 + $10/Acre 9. Amended Plat -�r 4 lots $200.00 + $20/Lot/Res $200.00 + $20/Ac-Comm 10. Amended Plat > 4 lots $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 11. Plat Showing (1 lot) $200.00 + $20/Lot-Res $200.00 + $20/Ac-Comm 12. Plat Showing (multiple lots) $300.00 + $20/Lot-Res $300.00 + $20/Ac/Comm L:IFINANCE\BUDGET\98-99\FEE1198.WC PAGE 2-FEE SCHEDULE 9A - 6 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 13. Preliminary Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 14. Preliminary Plat (P.U.D.) $300.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 15. Final Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 16. Final Plat (P.U.D.) (amended Res.#98-70) $400.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 17. Plat Revision $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 18. Plat Vacation $200.00 Flat Fee 19. Rush Plat Filing $300.00 Flat Fee 20. Two-County Filing (amended Res.#98-70) $60.00 Flat Fee 21. Extra Plat Page Filing $20.00 Flat Fee 22. Color Mapping (1:1000) (amended Res.#98-70) $20.00 per map 23. Color Mapping (1:2000) (amended Res.#98-70) $10.00 per map 24. Aerial Photo Print(added Res.#98-70) $15.00 per photo print 25. Mapping 11"x 17" plat reduction copies $2.00 per map 26. Mapping (digital tape format) (added Res.#95-34) $140.00 per tape 27. Street Name Change $100.00 per street 28. Park Land Dedication-Raw acreage cost $60,000 per acre (amended Res.#97-50) Fee Calculation in lieu of Park Land Dedication - (added Res.#98-7o) Residential - 1 acre/40 dwelling units (40 lots) $1,500.00 per lot Non-Residential - 1 acre/50 gross acres $800.00 per gross acre L:TMANCE\BUME'n98-99\FEE1198.1)OC PAGE 3-FEE SCHEDULE 9A- 7 ( w CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 29. Zoning Verification Letter (amended Res.#w7o) First letter within two months of zoning approval $0.00 All subsequent letters $25.00 each 30. Zoning Administrator Opinion/Interpretation $100.00 Letter SECTION III. Public Works Activities 1. Administrative Processing Fee 2% Actual Construction Cost 2. Computer Drainage Study: HEC I: $400.00 + $10/Linear Foot HEC II: $400.00 + $10/Linear Foot 3. Construction Inspection 3% Actual Construction Cost 4. Street Cut Permit $15.00 per Street 5. Easement Abandonments $150.00 Flat Fee 6. R.O.W. Abandonments $150.00 Flat Fee 7. Easement/R.O.W. Dedications $100.00 per Easement 8. Street Light Costs Developer pays installation + 2- year operation cost SECTION IV. Water and Wastewater Utilities Activities (added Res.x9sao> 1. Water Meter Fee (Including Transponder) (amended Res.#98-70) 1" Meter $460.00 2" Meter (Turbo)-sprinkler/Irrigation Only $850.00 2" Meter (Compound)-(Residential/Commercial) $2,000.00 4" Meter $2,500.00 6" Meter $3,700.00 8" Meter $4,500.00 L:\RNANCE\BUDGEn98-99\FEE1198.DOC PAGE 4-FEE SCHEDULE 9A- 8 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 2. Sewer Tap Inspection Fee $75.00 3. Sewer Participation Fee (Added Res.#95-34) $1,300/lot 4. Water Administrative Service Charge $15.00 5. Water Deposits: Residential Accounts $50.00 Commercial Accounts Established by Utility Billing Supervisor 6. Fire Hydrant Meter Deposit (City Meter) (amended M.#98-70) $900.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $975.00 Fire Hydrant Meter Deposit (Privately Supplied Meter) $200.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $275.00 7. Water Reconnect Fees for Non-Payment, Business Days Only: 8 a.m.-5 p.m.: Ist/2nd/3rd & subsequent $20/$40/$60 After 5 p.m.: Ist/2nd/3rd & subsequent $40/$60/$80 Weekends, anytime $40/$60/$80 8. Water Meter Re-installation Fee $50.00 9. Water Meter Reread Fee $5.00 10. Service Charge - Damaged or Broken Lock, (amended Res.#98-70) Meter and/or Transponder $25.00 11. Damaged meter and transponder replacement (added Res.a98a0): 1" Meter $86.00 I" Transponder $150.00 Meter Box $32.50 12. Late Utility Payment Fee 5% of Outstanding Balance L:IFINANCE\BUDGE'n98-99\FEE1198.DOC PAGE 5-FEE SCHEDULE 9A - 9 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 13. Additional or Replacement Recycling Bins $6.00 Additional or Replacement Recycling Lids $4.00 (added Res.#97-59) SECTION V. Building Inspection Activities 1. Building Permit Fees Per the currently adopted U.B.C. (Administratide Code) 2. Water Well Permit $42.00 3. Tent Permit $15.00 4. Sign Permit, Permanent Type (1 - 50 sq ft) $50.00 minimum Sign Permit, Permanent Type (> 50 sq ft) $1.00 / sq ft Sign Permit, Temporary Type $25.00 Annually, per calendar year (amended Res.#98-70) Illuminated Sign, Electrical Permit $35.00 (in addition to above) 5. Sign Recovery Fee (1-50 sq ft) (added Res.#98-70) $25.00 (>50 sq ft) $50.00 6. Request for Variance to Sign Ordinance $100.00/request 7. Culvert and/or Approach Permit $42.00 8. Building Contractor's Registration Fee $75.00 9. Tree Removal Permit $.00 per Permit 10. Temporary Batch Plant Permit $.00 per Permit 11. Smoking Area - Re-Inspection Fee (added Res.#98-7o) $100.00 L:\FINANCE\BUDGFn98-99\FEE1198.DOC PAGE 6-FEE SCHEDULE 9A- 10 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE SECTION VI. Community Services Activities (Amended Ra.m-34,Ra.M-59,Ra.#W70,P.M./99-S7) 1. Building Reservations for Residents - Bicentennial Park and Senior Center (amended Res.#97-59,Res.#98-70): Regular Meeting Fee per year 1 meeting $10.00 Quarterly to Monthly Scheduled Meetings $25.00 More than Monthly Meetings Scheduled $75.00 Security and Clean-up Deposit $100.00 (refundable) Week day meeting $10.00/hr 2. Building Reservations for Special Activities (amended Res.#97-59,#98-70): Security and Clean-up Deposit $50.00 (refundable) Bicentennial Park - The Lodge (with Kitchen) $15.00/hr Bicentennial Park - Community Center/room $15.00/rm/hr Senior Center Large meeting room $15.00/hr Senior Center Large meeting room & Kitchen $35.00/hr Senior Center Kitchen use fee $25.00/hr ko" 3. Organized Athletic Programs $1,000,000 General Liability Insurance Policy Meeting Fees (added Res.#98-70) $100 per year 4. TV/VCR Rental Fee No charge with reservation 5. Equipment Rental: (Driver's license held) Tennis Racket & Balls (Courts on Hill) No charge Volleyballs No charge Basketballs No charge 6. Reservations of Park Facilities (Bicentennial Park) (amended Res.#97-59,Res.#98-70): Security and Clean-up Deposit (group of 100 or more require) $50.00 (refundable) Hilltop Picnic Area $5.00/4 hrs Pine Tree Picnic Area $5.00/4 hrs Bicentennial Pavilion $8.00/4 hrs Adventure Alley Pavilions (added Res.1198-7o) $8.00/4 hrs/pavilion L:\FINANCE\BUDGE'n98-99\FEE1198.DM PAGE 7-FEE SCHEDULE 9A - 11 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 7. Reservations for Fields and Courts: Ballfields (No Lights) $7.50/1.5 hr/field Ballfields (With Lights) $15.0011.5 hr/field Soccer Fields $2.50/1.5 hr/field CIS Multi-use Court (Hockey/Basketball) (amended m.s98ao) $7.50/1.5 hr CIS Multi-use Court (With Lights) (ame&d Res.a98-7o) $15.0011.5 hr Sand Volleyball Courts $5.00/hr/court Tennis Courts (Courts on Hill-Bicentennial Park) $5.0011.5 hr/,Court In-Line Hockey Court(added Res.#98ao) (Bicentennial Park-No Lights) $10.00/hr In-Line Hockey Court cadged m.#9&7o) (Bicentennial Park-With Lights) $20.00/hr Basketball courts (added m.#98-7o) $5.00/hr Field Preparation Fees: Weekday Games $25.00/field Weekend Games $37.50/field 8. Southlake Tennis Center Court Usage Fees Hourly Court Usage fees $2.50 per person (resident) $3.50 per person (non-resident) League Fees $30 per person (7 week league) Annual memberships Junior (18 and under) $75 (resident) $100 (non-resident) Adult Individual $200 (resident) $275 (non-resident) Family $275 (resident) $375 (non-resident) L:\FINANCE\BUDGEn98-99\FEE1198.DOC PAGE 8-FEE SCHEDULE 9A - 12 City of Southlake, Texas MEMORANDUM July 15, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of General Operating and Scheduling Policies for Southlake Tennis Center Action Requested: City Council consideration of General Operating and Scheduling Policies for Southlake Tennis Center. Background Information: In order to be prepared for the opening of the Southlake Tennis Center later this summer, it is necessary to establish general operating and scheduling policies. All policies of the center will be approved by the City. This is standard practice for all Community Services Department policies, such as facility use and reservation policies, SPDC matching grant policy, etc. Staff has reviewed the policies of Plano and North Richland Hills' tennis centers in drafting the attached policy. This policy delineates responsibilities for assessment of fees, reservation and usage of courts, scheduling of league teams at the center, and reporting requirements of the tennis center manager. Financial Considerations: Fees are referenced to the City Fee Schedule or references those fees allowed to be established by the contractor as applicable. Citizen Input/ Board Review: The Park Board reviewed the General Operating and Scheduling policy at their July 12, 1999 meeting and unanimously approved the policy with no changes. Legal Review: N/A Alternatives: Changes to the policy as determined appropriate. Supporting Documents: Community Services Department General Operating and Scheduling Policy for Southlake Tennis Center. 1 OA - 1 Billy Campbell, City Manager July 15, 1999 Page 2 Staff Recommendation: City Council review and consideration of policy. Approved for Submittal to City Council: A/j- ,el"anager's Office 10A - 2 Community Services Department Policies and Procedures Manual Section: Southlake Tennis Center Policy: General Operating Policies and Scheduling Approved by City Council: Effective Date: Purpose: To establish procedures and policies to govern the operations of the Southlake Tennis Center to include the pro-shop building and thirteen tennis courts. Scope: The policies and procedures shall be followed by all contract employees, regular City employees, patrons, and spectators using these facilities. Responsibility: It shall be the responsibility of the contracted Tennis Center Manager, who in turn works under the general direction of the Director of Community Services, to ensure the efficient operation of the Southlake Tennis Center and the provision of outstanding service to all patrons. Schedule of Operations: The Southlake Tennis Center shall be operational seven (7) days per week except during inclement weather and three (3) holidays (Thanksgiving Day, Christmas Day, and New Year's Day). 1. HOURS - The Tennis Center will maintain the following minimum hours of operation: March 1 - October 31 8:00 a.m. to 10:00 p.m. November 1 - February 28 (29) 9:00 a.m. to 8:00 p.m. N:\Parks &Recreation\REFERENC\MANUAL\POLICIES\TennisPolicies99.doc July 15, 1999 1 1OA - 3 The Tennis Center shall not stay open past 10:00 p.m. on any day. The Director of Community Services reserves the right to approve the closing of the facility at all times other than the minimum hours of operation listed above. The Tennis Center shall not be closed, other than approved holidays, without the prior approval of the Director of Community Services. 2. LIGHTS - Court lights shall be turned out by 10:30 p.m. each night. In addition, the Tennis Center Manager will be responsible for ensuring that unused courts are not lighted unnecessarily. Facility Usage Fees: The following activities shall have usage fees and such fees will be reviewed and approved by the City Council annually: 1. Annual membership fees - Annual memberships shall be available at rates as set by the City Fee Schedule. Membership categories may include family, individual, and youth, resident and non-resident rates. * Family memberships shall include members of the immediate family only, i.e., mother, father, daughter(s), son(s), living at the principal family abode or other dependents who are domiciled in the principal family abode not less than nine (9) months per year. The burden of proof for establishing residency shall be the responsibility of the family head. 2. Hourly court usage fees - Hourly court usage fees for patrons not possessing an annual membership shall be as set by the City Fee Schedule. Hourly court usage fees will be assessed on all court usage including but not limited to group and individual lessons, drills, open play, and tournaments. 3. League court usage fees - Court usage fees for regularly scheduled, organized team competition, will be as set in the City Fee Schedule. 4. Fees other than court usage fees, charged for lessons, leagues, drills, camps, and tournaments, etc., will be established by the Tennis Center Manager and will be competitive with fees charged at other tennis centers in the region. 5. Prices charged for food, beverages, and merchandise will be established by the Tennis Center Manager. 6. Meeting room rental fees shall be in accordance with existing meeting room rental fees for like facilities and as set in the City Fee Schedule. N:\Parks &Recreation\REFERENC\MANUAL\POLICIES\TennisPolicies99.doc July 15, 1999 2 1OA - 4 Reservations: 1. A minimum number of tennis courts will be available for reservations Qr walk- on open play at all times, except during league sanctioned tournaments, as stipulated in the management agreement between the City and the Contractor. This requirement may be increased or decreased as specified in the management agreement between the City and Contractor. 2. No more than nine (9) tournaments per year may be scheduled at the Tennis Center, a maximum of four (4) of which may be league sanctioned tournaments utilizing the entire tennis center complex. No more than two (2) tournaments may be scheduled in any one month. 3. The Tennis Center Manager or his designee shall be responsible for scheduling and assigning all courts. 4. The number of sessions permitted when patrons are waiting to use the courts is one (1) session. The number of sessions permitted shall not apply to organized tournaments, leagues, or lessons. 5. Court reservations shall be available by phone on a first come, first served basis, a minimum of 1 1/2 hours and a maximum of ten (10) days in advance for Southlake residents. Court reservations for non-residents shall be available by (aw phone on a first come, first served basis, a minimum of twenty-four hours and a maximum of seven (7) days in advance. Only one session may be reserved on one court. Second sessions may not be reserved until the first session is completed. Each person on one court is considered to have had one session of play. 6. Patrons with reservations may commence play on a vacant court prior to the start of their paid session at no charge provided the time before the start of his/her reservation does not exceed 30 minutes. If time exceeds 30 minutes, patrons shall be assessed the cost of one session (90 minutes). 7. Patrons with reservations who desire to continue playing beyond the expiration of their paid session shall be permitted to do so provided: 1) the court they are occupying is vacant; and 2) they shall pay the full session court fee if they occupy the court more than 30 minutes. 8. Patrons without reservations shall be permitted to play on vacant tennis courts provided: 1) they shall pay one full session fee; and (2) they shall vacate the court immediately prior to the beginning of a reserved session. Time available shall not be a factor in either of the above provisions. NAParks &Recreation\REFERENC\MANUAL\POLICIES\'T'ennisPolicies99.doc July 15, 1999 3 10A - 5 9. Cancellation of a reservation will result if the patron fails to report to the pro- shop before ten (10) minutes of the patron's reservation has elapsed. Should a patron lose a reservation because of elapsed time, that reservation will be assigned to patrons without reservations on a first come, first served basis. 10. Patrons should inform the Tennis Center staff as soon as possible when a court reservation can not be kept. Excessive unused reservations may result in a patron being denied phone reservation privileges. LEAGUE SCHEDULING: 1. Teams desiring to use the Southlake Tennis Center for regularly scheduled league play will be accommodated on a first come, first served basis. 2. The Tennis Center Manager will establish the number of teams allowed to be scheduled for league play at the Southlake Tennis Center, with consideration being given to the required minimum number of courts to be reserved for non-league open play, and other tennis programming, such as lessons, camps, etc. 3. Initial team sign-ups will be done on a specified date prior to the beginning of the season. Teams must present a complete roster at time of sign-up, verifying that at least 50% of the team members are residents of Southlake. There will be no waiting lists established, and an authorized representative of each team must be present at time of sign up. League court usage fees or a non-refundable deposit is due at time of sign up. 4. After the initial season,priority will be given to those teams meeting the residency requirement who have played the previous season at the Southlake Tennis Center. 5. If there are remaining available times for team scheduling, the Tennis Center Manager may accommodate non-resident teams on a first come, first served basis 10 days after the initial sign up date. Non-resident teams may be displaced in subsequent seasons by resident teams. REPORTS: Periodically, but not less than once a month, the Tennis Center Manager shall meet with City staff and review the Tennis Center management, promotional activities, programs, finances, participation levels, and policy recommendations. The Tennis Center Manager shall keep City staff fully informed of all pertinent Tennis Center management activities and operations. Additional reports will be required as stated in the contract between the City and the Tennis Center Manager. N:\Parks &Recreation\REFERENC\. _.4ANUAL\POLICIES\TennisPolicies99.doc July 15, 1999 4 1OA - 6 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Capital Projects Engineer SUBJECT: Change Order No. 1 to the contract with Control Specialists, Inc. for the construction of the pump station located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road i Action Requested: Approve Change Order No. 1 to the contract with Control Specialists, Inc. j in the amount of$60,222.00 for the construction of the pump station on T.W. King Road. Background j Information: The City,-Is currently constructing Pump Station No. 2 on T.W. King Road. The pump station contract was awarded to Control Specialists,-Inc. of Roanoke on December 15, 1998 in the amount of$1,994,000. At the time the pump station was awarded, the City had anticipated to have the 24" transmission line from Trophy Club completed at or near the same time as the pump station, which supplies water to the pump station. However, the City has been unable to obtain the needed easements from j Circle T to build the 24" transmission line and the pump station is scheduled to be complete in September, 1999. I Although the 24" transmission line will not be complete when the construction of the pump station is complete, the City can still utilize the pump station as part of the water distribution system. Rather than supplying the water to the pump station via the 24" transmission line from Trophy Ciub, the City can route water into the storage tank from the 24" distribution line along White Chapel Boulevard, which was installed last year. Therefore, water can be stored in the ground storage tank and utilized when the water system demand dictates distribution from the pump station on T.W. King Road. When the water demand reaches that point, the pump station will distribute water into the water system back through the 24" distribution line along White Chapel. In order to operate and utilize the pump station without the 24" transmission line from Trophy Club, provisions have to be made at the pump station. The main provision is the installation of a tank supply valve that can be open and closed as needed electronically using the City's Supervisory Control and Data Acquisition (SCADA) system. Another provision is the installation of a valve on the future supply line termination 1OB-1 point adjacent to the pump station site. At this point, the future 24" transmission line from Trophy Club will be connected in the future. The future 24" transmission line from Trophy Club can then be connected to the interior supply water line on the pump station site and pressure tested without taking the pump station out of service. The valve is currently included in contract for the 24" water transmission line. Therefore, the valve will be excluded from the contract for the installation of the 24" transmission line once that contract begins. Financial Considerations: The pump station contract was awarded to Control Specialists, Inc. on December 15, 1998 in the amount of $1,994,000. The CIP allocated $1,957,200 for the construction of the pump station. The additional $36,800 was funded by the interest earned on the appropriated funds. Change Order No. 1 totals $60,222. The cost for the valve, which is $8,931, has previously been funded as part of the 24" transmission line from Trophy Club contract. The 24" transmission line from Trophy Club project has been bid and awarded by Council, however the contracts have not been executed. The unit cost for the valve in that contract is $17,000. The electronically motorized tank supply line valve is $51,291. There are funds available in the CIP for this change. Citizen Input/ (moo, Board Review: None Legal Review: None Alternatives: The pump station can not be placed in service without the provisions set forth in Change Order No. 1. The tank supply line valve can be installed without the electronically motorized unit. This would result in savings of $12,600. However, without the convenience of the electronic motor unit, the valve would have to be manually opened and closed by a water maintenance worker several times a day at odd hours. Supporting Documents: Copy of Change Order No. 1 10B-2 Staff Recommendation: Staff recommends City Council approve Change Order No. 1 to the contract with Control Specialists, Inc. for the construction of the pump station located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road. Please place this item on the July 6, 1999 Regular City Council Agenda for review and consideration. Ron Harper, P.E. Approved for Submittal to City Council: ` anager's Office "? m:\wd-files\memosItw king pump station 2 co l.doc 10B-3 CILANNGE ORDE No. 1 Dated: June 29, 1999 . OWNER'S Project No. ENGINEER's Project No. 001-521 P Project T ater System Improvements. Booster Pump Sta. No. 2 OWti-ER Citv ofSouthiake Contract for Booster Puma Station No. ' Contract Date: January 12. 1999 To: Control Specialist. Inc. Contractor You are directed to make the changes noted below in the subject contract: Nature of the changes: l. :add a 24" auxiliary tank supply line valve, connection and vault. The valve will be a motorized butterfly valve with inner connection for SCADA system interface. This valve is required to supply the 5.000,000 gallon tank with water. thus allowing the utilization of the new pump station without the dedicated 24"supply line through West Lake and Trophy Club MUD. Due to prolonged delays in securing approval for the supply line and the supply line route on plans being prepared by Freese and Nichols Engineers,we have devised a temporary and auxiliary method to supply the tank and pump station. See contractor's letter of quotation dated June 29, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,291.00 2. .-add a 24" butterfly valve at the supply line termination,point adjacent to the pump station site. This valve was originally in the Freese&Nichols 24"supply line plans, however with the supply line delays, it is needed to complete internal piping under the pump station contact. See contractor's letter of quotation dated June 29, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8.931.00 Total Addition . . . . . . . . ,S 60.222.00 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order .S 1.994,000..00 Net Increase Resulting from this Change Order S 60,222.00 Current Contract Price Including this Change Order .S 2,0 f,222.00 NSPE-ASCE 1910-8-B (1978 Edition) �., Page 1 of 10B-4 Contract Time Prior to this Change 180 Calendar Days (Days or Date) Net Increase Resulting from this Change Order 100 (nays) Current Contract Time Includin;this Change Order 280 (Days or Date) The above chances are recommended: Cheatham & Associates. Inc. E(n�sineer Date: June 29 1999 The above chances are recommended: City Bv: Title: Date: The above changes are accepted: Control Specialists. Inc. Contractor 17 Date:. -7 199 . 1999 F:\WORD'SOMLA:i 521-Pumps!itr.Change Order Lwpd Page 2 of 2 10B-5 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Capital Projects Engineer I I SUBJECT: Change Order No. 1 to the contract with Control Specialists, Inc. for the � construction of the pump station located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road i i I Action Requested: Approve Change Order No. 1 to the contract with Control Specialists, Inc. in the amount of $60,222.00 for the construction of the pump station on T.W. King Road. i I Background Information: The City is currently constructing Pump Station No. 2 on T.W. King Road. The pump station contract was awarded to Control Specialists, Inc. of Roanoke on December 15, 1998 in the amount of S1,994,000. At the time the pump station was awarded, the City had anticipated to have the 24" transmission line from Trophy Club completed at or near the same time as the pump station, which supplies water to the pump station. j However, the City has been unable to obtain the needed easements from Circle T to build the 24" transmission line and the pump station is scheduled to be complete in September, 1999. Although the 24" transmission line will not be complete when the construction of the pump station is complete, the City can still utilize the pump station as part of the water distribution system. Rather than supplying the water to the pump station via the 24" transmission line from Trophy Club, the City can route water into the storage tank from the 24" distribution line along White Chapel Boulevard, which was installed last year. Therefore, water can be stored in the ground storage tank and utilized when the water system demand dictates distribution from the pump station on T.W. King Road. When the water demand reaches that point, the pump station will distribute water into the water system back through the 24" distribution line along White Chapel. In order to operate and utilize the pump station without the 24" transmission line from Trophy Club, provisions have to be made at the pump station. The main provision is the installation of a tank supply valve that can be open and closed as needed electronically using the City's Supervisory Control and Data Acquisition (SCADA) system. Another provision is the installation of a valve on the future supply line termination 10B-1 point adjacent to the pump station site. At this point, the future 24" transmission line from Trophy Club will be connected in the future. The future 24" transmission line from Trophy Club can then be connected to the interior supply water line on the pump station site and pressure tested without taking the pump station out of service. The valve is currently included in contract for the 24" water transmission line. Therefore, the valve will be excluded from the contract for the installation of the 24" transmission line once that contract begins. Financial Considerations: The pump station contract was awarded to Control Specialists, Inc. on December 15, 1998 in the amount of $1,994,000. The CIP allocated $1,957,200 for the construction of the pump station. The additional $36,800 was funded by the interest earned on the appropriated funds. Change Order No. 1 totals $60,222. The cost for the valve, which is $8,931, has previously been funded as part of the 24" transmission line from Trophy Club contract. The 24" transmission line from Trophy Club project has been bid and awarded by Council, however the contracts have not been executed. The unit cost for the valve in that contract is $17,000. The electronically motorized tank supply line valve is $51,291. There are funds available in the CIP for this change. Citizen Input/ Board Review: None Legal Review: None Alternatives: The pump station can not be placed in service without the provisions set forth in Change Order No. 1. The tank supply line valve can be installed without the electronically motorized unit. This would result in savings of $12,600. However, without the convenience of the electronic motor unit, the valve would have to be manually opened and closed by a water maintenance worker several times a day at odd hours. Supporting Documents: Copy of Change Order No. 1 10B-2 Staff Recommendation: Staff recommends City Council approve Change Order No. 1 to the contract with Control Specialists, Inc. for the construction of the pump station located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road. Please place this item on the July 6, 1999 Regular City Council Agenda for review and consideration. Ron Harper, P.E. Approved for Submittal to City Council: lz'�� - i y anager's Office rnAwd-tiles\memos\thv king pump station 2 co Ldoc 10B-3 all CYLA NGE ORDE 1 No. 1 Dated: June 29, 1999 Now- OWNER'S Project No. ENGFN�EER's Project No. 001-521 P Project TVater Svstem Improvements. Booster Pump Sta. No. 2 OWNER City ofSouthlake Contract for Booster Pump Station;Vf). 2 Contract Date: January 12. 1999 To: Control Specialist, Inc. Contractor You are directed to make the changes noted below in the subject contract: Nature of the changes: I. .add a 24" auxiliary tank supply line valve. connection and vault. The valve will be a motorized butterfly valve with inner connection, for SCAUA system mternace. This valve is required to supply the-5.000,000 Lyallon tank with water.thus allowing the utilization of the new pump station without the dedicated 2=4" supply line through West Lake and Trophy Club MUD. Due to prolonged delays in securing approval for the supply lime and the supply line route on plans being prepared by Freese and Nichols Engineers,we have devised a temporary and auxiliary method to supply the tank and pump station. See contractor's letter of quotation dated June 29, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S51,291.00 2. .-add a 24" butterfly valve at the supply line termination point adjacent to the pump station site. This valve was originally in the Freese&Nichols 2=4"supply line plans, however with the supply line delays. it is needed to complete internal piping under the pump station contact. See contractor's letter of quotation dated June 29, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 8.931.00 Total Addition . . . . . . . . S 60,222.00 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order S 1.994.000..00 Net Increase Resulting from this Change Order S 60,222.00 Current Contract Price Including this Change Order S 2,0 4,222.00 NSPE-ASCE 1910-8-B (1978 Edition) Page 1 of 2 1OB-4 Contract Time Prior to this Change 180 Calendar Days (Days or Date) Net Increase Resultimz from this Chance Order 100 ;Days) Current Contract Time Including this Change Order 280 (Days or Date) The above chanves are recommended: Cheatham &Associates, Inc. EnLineer Bv: Date: June 29 1999 The above chanzes are recommended: City Title: Date: 1 990 The above changes are accepted: Control Specialists. Inc. Contractor Bv: Date: 7 1999 �7 E\WORD!SOUiHLAK 5'_1-Pumps\1tr.Change Order Lwpd Page 2 of 2 1OB-5 f City of Southlake, Texas MEMORANDUM July 16, 1999 j To: Billy Campbell, City Manager i From: Charlie Thomas-Deputy Director of Engineering Services Subject: Harrell Place — Residential Developer Agreement i i Action Requested: Authorize the Mayor to execute a residential developer agreement for Harrell Place. i Background Information: A final plat ��as approti'ed for Harrell nl�c:, loeatc on the southeast corner of Harrell Drive and Johnson Road, on June 18, 1999. During the review of the preliminary plat, the City staff and City Council discussed some drainage issues downstream of the proposed Harrell Place subdivision. Downstream and south of Harrell Place, a subdivision known as Cimarron Acres was constructed in 1984. That subdivision included an open ditch running in a drainage easement along the northern and eastern i boundary- of the addition and the rearward side yard of several lots. The drainage from Harrell Place drains into that open ditch and flows in a westerly and southerly direction. Since the construction of the Cimarron Acres subdivision, this open ditch has silted up and does not carry the amount of water that it was intended to carry. In the summer of 1998, the property owners who have the open j ditch in their yards appeared before the City Council and complained about the Harrell Place development because they objected to the proposed plan of the Harrell Place storm sewer pipe ending in the open ditch in lieu of remaining in an underground pipe as it flowed through their property. The City Council directed the City Staff to work with the developer's engineer and come up with an alternative acceptable to the property owners. 1 OC-1 The developer's engineer has redesigned the drainage system to include storm sewer pipe along the northern and eastern part of the downstream property owners' lots within the existing drainage easement (see attachment). On March 25, 1999, the City Staff and the developer's engineer met with the downstream property owners, Mr. and Mrs. Bobby Butler and Mr. and Mrs. L.D. Tucker and reviewed with them the new proposed plan. The proposed plan was acceptable to the property owners. The developer's engineer estimates the cost of installing the storm sewer pipe (four 27-inch plastic pipes) in lieu of the open ditch to cost approximately $67,800. The developer will request that the City reimburse him for the cost of the four 27-inch storm sewer pipes which are each approximately 400 feet long as the original open ditch constructed through the Cimarron Acres Addition was designed to carry the storm water run-off and approved by the City. Financial Considerations: On June 7, 1999, the Park Board approved a park fee of $1,000 per lot for 6 lots, or $6,000. If the City Council approves City participation in the drainage improvements, approximately $9,600 of inspection fees could be waived, leaving $58,200 to reimburse the developer. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement 1 OC-2 Staff Recommendation: Place the residential developer agreement for Harrell Place on the July 20, 1999 City Council agenda for Council to review and approve. &40-0-� Charlie J. Thomas Deputy Director of Engineering Services Approved for Submittal to City Council: AL- i ifi lanager's Office 10C-3 e HARRELL PLACE DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Harrell Place, hereinafter referred to as the."Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 6 lots contained within the Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall emoloy a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots, 1, after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Harrell Place Developer Agreement Page 1 1OC-4 e C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor. will be acceptable in lieu of Developer's obligations .. specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Harrell Place Developer Agreement Page 2 10C-5 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Deve!oper agrees to the following procedure: 1 . Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re-testing as a result of failed tests; Harrell Place Developer Agreement Page 3 10C-6 t f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time-for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit. etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Harrell Place Developer Agreement Page 4 10C-7 t 11. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to compete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Engineering Services, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. Harrell Place Developer Agreement Page 5 10C-8 D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. Streets will be installed in accordance with the plans and specifications to be prepared-by the Developer's engineer and released by the Director of Engineering Services. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said.signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Engineering Services. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. Harrell Place Developer Agreement Page 6 10C-9 It is understood that in every construction project a decision `--� later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Engineering Services as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction-or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. Harrell Place Developer Agreement Page 7 10C-10 G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty--item such as walls, vegetation, signage, landscaping, street furniture; pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over- to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement 'of these amenities under any circumstances and further agrees to indemnify and hold -harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. I. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Engineering Services must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Harrell Place Developer Agreement Page 8 10C-11 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be provid+ng greater than a S1 ,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Harrell Place Developer Agreement Page 9 10C-12 C. Approval by the Director of Engineering Services or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and_.specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Engineering Services signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the --completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Harrell Place Developer Agreement Page 10 1OC_13 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developers expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 1 . The purchase of tangible persona! property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151 , Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the Job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Harrell Place Developer Agreement Page 11 10C-14 I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE — The Developer agrees to install the off-site drainage improvements (four 27-inch plastic pipes approximately 400 feet long). The City agrees to reimburse the Developer for the cost of those off-site improvements up to a maximum of $68,000. A waiver of the inspection fees may be a part of the $68,000. B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 6 lots in the Addition, which would bring the total cost of Park Fee to $6,000. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: Harrell Place Developer A`_reement Page 12 10C-15 STATE OF COUNTY OF On before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Harrell Place Developer Agreement Page 13 1OC-16 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. -3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Harrell Place Developer Agreement e14 1 OC-17 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Consider a management agreement for the Southlake Tennis Center Action Requested: City Council consider management agreement with a Contractor to manage the operations of the Southlake Tennis Center. Background Information: Staff has contacted the other two candidates that had been interviewed for the tennis manager position. We have not yet heard back from one candidate, but Mr. Joe Snailum, head tennis pro and pro shop owner of the San Angelo Country Club, is still interested in the position. Mr. Snailum's experience includes both private and municipal tennis facilities. We have faxed him a copy of the management agreement approved by City Council for his review. In addition, he is scheduled to meet with City Manager Billy Campbell and Director of Community Services Kevin Hugman on Monday, July 19. Mr. Snailum is also planning to stay through Monday evening to meet with any interested Councilmembers during a special work session. An agenda is being posted and is included in your packet materials. This agenda item would allow City Council to enter into a management agreement with a Contractor if that point is reached, or to further review the existing agreement if Council desires and a Contractor has not yet been selected. Financial Considerations: The same provisions regarding the City's percentage of fees as the contract approved by City Council on Tuesday, July 6, 1999. Citizen Input/ Board Review: Mr. Snailum was highly recommended by NETT as one of their top three choices. Staff was favorably impressed with all three of the candidates interviewed. Legal Review: The City Attorneys assisted in drafting the original contract. Wording requested by City Council regarding default for criminal conviction has not yet been added to the contract. Alternatives: Amendments to contract as desired by City Council. IbD- I Billy Campbell, City Manager July 16, 1999 Page 2 Supporting Documents: Contract approved by City Council on July 6, 1999 Staff Recommendation: City Council review and approval of management agreement with a contractor as applicable. Approved for Submittal to City Council: Aiz'l C' y ager's Office 1b p�� MANAGEMENT AGREEMENT THIS TENNIS CENTER MANAGEMENT AGREEMENT ("Agreement") is made between the City of SOUTHLAKE, Texas ("City"), a municipal corporation, and ("CONTRACTOR"). WHEREAS, City desires that CONTRACTOR manage the operation of the City's tennis center; NOW, THEREFORE, CITY AND CONTRACTOR AGREE as follows: ARTICLE 1. DEFINITIONS Unless the context clearly indicates otherwise, in this Agreement: BEGINNING DATE means the date on which City gives CONTRACTOR written notice to begin management of the tennis center. FISCAL YEAR means the period beginning October 1 of any year and ending September 30 of the following year. TENNIS CENTER means the property and all improvements located on the Property, including, but not limited to the clubhouse. OPENING DATE means the date on which the tennis center first opens for general public use. OPERATING ADVANCE ACCOUNT means an interest-bearing account maintained by CONTRACTOR for the deposit of funds received from customers for the operations of the tennis center. PROPERTY means the land on which the tennis center is located as indicated on the map attached as Exhibit A, at 450 W. Southlake Boulevard, Southlake, Texas. STANDARD COMPARABLE TO SPECIFIED TENNIS CENTERS IN THE REGION means a standard of operation comparable to the operation of moderately priced private tennis �DT) centers and the best municipal tennis centers in the region, including, but not limited to municipal tennis centers in Fort Worth, Arlington, North Richland Hills, and the Bernard Frieman Tennis Center at Texas Christian University. "NON-LEAGUE OPEN PLAY" means any court usage other than lessons or leagues. "LEAGUE" means any regularly scheduled, organized team competition with a season of more than six weeks. ARTICLE 2. GENERAL REQUIREMENTS §2.1 Management of the tennis center. City hires CONTRACTOR as its agent to manage, supervise, and operate the tennis center in accordance with this Agreement. City delegates to CONTRACTOR the responsibility and authority to implement operating policies and charge fees, both of which are subject to approval by City Council, and take other actions necessary to operate the tennis center in a manner that meets a standard comparable to specified tennis centers in the region. §2.2 Independent contractor. CONTRACTOR is an independent contractor with respect to the City and nothing in this Agreement and its performance shall create the relationship of employer and employee. Nevertheless, CONTRACTOR agrees to seek advice from City and cooperate with City in his management of the tennis center. §2.3 Use of the property. City grants to CONTRACTOR the use and possession of the property during the term of this Agreement for the purposes of managing and operating the tennis center , subject to the rights of City under this Agreement. §2.4 City's right to inspection. City and its representatives have the right at all reasonable times to enter upon and to examine and inspect the tennis center for any reason. In the event of a default, City has the right of access to the tennis center that is reasonably necessary to cause the proper maintenance of the tennis center. ARTICLE 3. TERM. MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 2 IOT�J`� §3.1 Term. The term of this agreement is one year, commencing on the beginning date, unless terminated earlier under one of the following provisions. This contract is automatically renewable for two (2) successive one-year terms, for a maximum of three years, unless either party requests in writing at least 60 days before the expiration date, to renegotiate the contract terms. It is anticipated that the beginning date will precede the opening date by several weeks to enable CONTRACTOR to begin management, marketing, and maintenande of the tennis center. ARTICLE 4. RESPONSIBILITIES OF CONTRACTOR. §4.1 Operation of the tennis center. In the management, supervision, and operation of the tennis center, CONTRACTOR shall: (a) operate the tennis center as a municipal tennis center, open to the general public without discrimination, subject to fees, rules, and policies approved by the City; (b) retain employees sufficient and necessary to assure operation of the tennis center at a standard comparable to specified tennis centers in the region; (c) maintain restrooms, showers, and locker rooms in a clean and sanitary condition at all times; (d) provide food and beverage service and sales, offering a variety of food, some of which may be prepared on-site; (e) operate a tennis pro shop, offering merchandise comparable to pro shops at specified tennis centers in the region, and maintaining a minimum of$20,000 worth of merchandise in stock in the pro shop. CONTRACTOR agrees to make reasonable efforts to stock items for in-line hockey and basketball. (f) CONTRACTOR will ensure that the staff is trained in providing customer service, and that staff is discrete and polite concerning complaints or concerns about the tennis center; MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 3 �01D-5 (g) maintain the tennis center in a condition that is generally accepted in the tennis industry as safe; (h) maintain the courts and all elements of the tennis center in optimum playing condition, in accordance with a standard comparable to specified tennis centers in the region; (i) maintain all personal property in good working order and replace items when necessary to operate the tennis center at a standard comparable to specified tennis centers in the region; (j) comply with all applicable government health, safety and environmental regulations; (k) operate the tennis center in an efficient and cost effective manner; and collect membership and court reservation fees in amounts approved by the City; (1) pay all operating expenses of the tennis center, except for those expenses which City agrees herein to pay for (i) repairs, and (ii) water, sewer, electricity and natural gas expenses, which shall be paid by City. (m)provide a tennis professional with current membership in the USTA, who is certified through the USTA. The tennis professional must maintain First Aid and CPR certification. (n) provide childcare services to tennis center customers only, which meets all state requirements, and which shall be open a minimum of three mornings per week from 9:00 a.m. to 12:00 p.m. (o) Maintain the Center with the following minimum hours of operation: March 1 through October 31, 8:00 a.m. to no later than 10:00 p.m. November 1 through February 28 9:00 a.m. to at least 8:00 p.m. MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 4 I �� _L The Center shall not stay open past 10:00 p.m. on any day. City reserves the right to approve the closing of the tennis center at all times other than the hours of business provided in this Agreement. (p) CONTRACTOR shall not permit alcohol sales or possession or consumption of alcohol on the tennis center premises at any time or allow anyone who is intoxicated to play tennis. � ) Reserve three (3) tennis courts for non-league open play at all times, except during league sanctioned tournaments. City reserves the right to change this requirement to a minimum of two (2) or (4) tennis courts available for non-league open play if it is determined conditions warrant an increase or decrease in courts available for non- league open play. This determination will be made in conjunction with the six-month review as stipulated in Section 4.5. (r) CONTRACTOR agrees to schedule no more than nine tournaments per year, a maximum of four of which may be league sanctioned tournaments utilizing the entire tennis center complex. Not more than two tournaments may be scheduled per month. (s) Retain the physical condition necessary to perform the duties and responsibilities of the Agreement. CONTRACTOR agrees to provide no more than 20 hours of private lessons personally per week. (t) Not cause to be placed any sign or advertisement upon the premises or upon the property of City without the prior written consent of the City. §4.2 Rules and policies. CONTRACTOR shall obtain City approval before implementing or changing clubhouse and ground rules or other policies affecting the public's use of the tennis center. CONTRACTOR agrees not to utilize the Property for any purpose other than for conducting tennis programs without the City's prior written approval. MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 5 §4.3 Promotion of tennis activities. CONTRACTOR agrees to conduct a continuous ti.. program of advertising, public relations, and promotional activities to assure that the tennis center has an appropriate and ongoing visual image and presence in print and communications media. CONTRACTOR shall offer Southlake residents the opportunity to register early for all tennis activities. CONTRACTOR shall develop a marketing plan for promoting tennis play, activity, sales, concession, lessons, tournaments and leagues and submit tlfe plan to the City within 90 days of occupancy. §4.4 Tennis center personnel. CONTRACTOR shall recruit, interview, and hire the employees for the tennis center, including management,tennis professionals, food and beverage staff, child care providers, maintenance personnel,janitorial staff, and others determined by CONTRACTOR to be necessary for the operation of a facility comparable to specified tennis centers in the region. All personnel shall be employees of CONTRACTOR and not employees of City. CONTRACTOR shall ensure that employees have a professional appearance at all times, and all employees shall wear neat appearing uniform shirts with the company's name displayed. CONTRACTOR shall follow the City's personnel policies with respect to hiring its employees, including the responsibility to conduct criminal background checks and pre- employment drug screenings. CONTRACTOR will provide results of such screenings to City. City will provide a copy of the City's personnel policies to CONTRACTOR and arrange for City's Director of Human Resources to review all applicable policies. §4.5 Operations review. Periodically, but not less than once a month, CONTRACTOR shall meet with City staff and review its management, promotional activities, programs, finances, and policy recommendations concerning the tennis center. City staff will make a six-month report to the City Council regarding the tennis center operations, and the City Council reserves the right to amend operating policies as it deems necessary, or to change the number of courts MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 6 to t)-2) reserved for non-league open play as specified in Section 4.1 (q). CONTRACTOR shall keep City fully informed of all tennis center management activities and operations. §4.6 Licenses, bonds and permits . CONTRACTOR shall obtain all licenses and permits required by governmental entities for activities conducted at the tennis center. ry CONTRACTOR shall obtain and maintain a fidelity bond issued by in an amount acceptable to the City. i ARTICLE 5. CONSIDERATION §5.1 Amounts Due to City. On or before the fifteenth day of each month, beginning with the first month following the beginning date of the Contract, CONTRACTOR shall pay City a fee of 25 percent of all court usage fees, to include annual membership usage fees, hourly court usage fees, and court usage fees associated with all group and individual lessons, drills, league play, and camps. CONTRACTOR shall also pay City, as set forth above, 25 percent of all revenues (W received from the rental of meeting rooms. §5.2 Increases. At such time as CONTRACTOR's gross revenues received under this Agreement exceed $250,000 in a fiscal year, CONTRACTOR shall begin paying City for the remainder of the fiscal year, a fee of 30 percent of all court usage fees, to include annual membership usage fees, hourly court usage fees, and court usage fees associated with all group and individual lessons, drills, league play, and camps. "Gross revenues," for purposes of this section 4.2 and section 4.3 below, means all revenues CONTRACTOR or any entity under the direction or control of CONTRACTOR, receives as a result of operation of the tennis center, including but not limited to, all membership fees, court usage fees, fees from rental of meeting rooms, fees from tennis lessons and camps, revenues from tennis tournaments, and revenues from sales of food, beverages, other concessions and merchandise. MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 7 §5.3 Management Fee due to CONTRACTOR As consideration and compensation for the management, operation and supervision of the tennis center, CONTRACTOR shall receive, and is authorized to withdraw from the account described in Section 6.1 below, all gross revenues less and except only the sums due to City under Sections 5.1 and 5.2 above. ARTICLE 6. FINANCES §6.1 Deposit of revenues. All revenues from the operation of th6 tennis center shall be deposited daily into an account established for that purpose. §6.2 Fees and charges. Fees to be charged for tennis activities at the tennis center will be determined each year during the budget process. City and CONTRACTOR agree that fees should be sufficient to pay operating expenses and make debt service payments, but also be competitive with fees at other public tennis centers in the region. Court membership and usage fees must be approved by City. Prices charged for food, beverages, and merchandise shall be determined by CONTRACTOR. All patrons of the tennis center shall be charged for food, merchandise, and services according to a published schedule of fees and charges, and any complementary food, merchandise, or services shall be documented. §6.3 City's payment of certain expenses . City shall be responsible for, and pay for all necessary repairs to the actual physical conditions of the tennis center, including without limitation, the tennis courts,light poles, exterior of the tennis pro shop (including all structural aspects such as the foundation, walls, roof, etc.), lawns, parking, sidewalks, seating, landscaping and plumbing, electrical, and natural gas systems and fixtures. City shall also perform court resurfacing, necessary replacement of nets, windscreens, and lights due to ordinary wear and tear. All other maintenance responsibilities shall be CONTRACTOR's responsibility. §6.4 Contractor's responsibility for furnishings and equipment. CONTRACTOR shall provide all necessary equipment and furnishings for the operation of the tennis center, including, but not limited to, cash register and/or computer and software for recording of MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 8 d�J �_D financial transactions, office furniture and supplies, pro shop inventory and display racks, racquet stringing equipment, ball machines, etc. §6.5 Facility improvements. Any improvements or modifications to the tennis center that are of a permanent nature or require extensive work to remove, shall become the property of the City. City approval is required prior to any modifications or improvements to the tennis center. §6.6 Annual operating budget. (a) At least 20 days before the opening date, CONTRACTOR shall submit to City a proposed operating budget for the initial year of operation, setting forth the projected operating expenses for the remainder of the then current fiscal year. In each subsequent year, CONTRACTOR shall submit a preliminary proposed operating budget by June 1 to the office of the Director of Community Services for review. The final proposed operating budget for the upcoming fiscal year shall be submitted not (W later than July 15, for City's consideration. (b) CONTRACTOR shall prepare the proposed budget in a "variable" format that projects the anticipated results of operations based upon the expected volume of games played and allows City to reasonably anticipate revenues and expenditures at levels of play within a reasonable range of potential volumes. ARTICLE 7. ACCOUNTING, REPORTS,AND AUDITS §7.1 Accounting records. CONTRACTOR shall maintain efficient and accurate accounting records in accordance with generally accepted accounting principles in a format consistent with other public tennis centers. §7.2 Monthly reports. On or before the 15th day of each month, CONTRACTOR shall submit to City a financial statement showing in detail the gross revenues and operating expenses of the preceding month and the fiscal year to date. The accounting shall be accompanied by MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 9 10P - duplicate sales records of the operation for the previous month and an accounting of all expenditures and disbursements of CONTRACTOR for the month. §7.3 Annual audit report. Within 90 days after the close of each fiscal year of the City, CONTRACTOR shall submit to City an audit report certified by a certified public accountant, covering the specific financial condition and performance of the tennis center. The audit must span the fiscal year then ended. If the report does not contain an "unqualified opinion," City may take such steps as it determines are necessary to obtain an unqualified opinion. City may terminate this Agreement if an unqualified opinion cannot be provided within 120 days of the end of a fiscal year. §7.4 City's right to inspect and audit. City has the right to inspect the books, records, invoices, deposits, sales slips, canceled checks, and other financial data or transactions of CONTRACTOR's operation of the tennis center at reasonable times during normal business hours. City also has the right to select an independent accounting firm to audit the books and records of the operation of the tennis center. §7.5 Location of records. All tennis center records shall be kept on-site at the tennis center and periodically relocated to the City's off-site records storage facility. §7.6 Fiduciary relationship. CONTRACTOR has a fiduciary duty to City in its operation of the tennis center, which includes, but is not limited to, the obligation to faithfully make an accounting and report to City and to make all payments to City in accordance with this Agreement. ARTICLE 8. INDEMNITY AND INSURANCE §8.1 Indemnity by CONTRACTOR. CONTRACTOR assumes all liability and responsibility for and agrees to fully indemnify, hold harmless and defend City and its officers, agents, servants and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, for injury to or death of a person or MANAGEMENT AGREEMENT C:\TEMP\centr-agr.doc Page 10 IOD - l � damage to property, arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the work and services described hereunder or in any way resulting from or arising out of the management, supervision, and operation of the tennis center under this agreement, including the work, services, operations and legal duties of CONTRACTOR, his officers, agents, servants, employees, subcontractors, or licensees, if any. In the event of joint and concurring responsibility of CONTRACTOR and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with Texas law,without waiving any defense of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. §8.2 Insurance . (a) CONTRACTOR shall carry such child care liability insurance as may be required by state law. (b) CONTRACTOR shall obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the State of Texas. CONTRACTOR shall furnish to City certificates of insurance or copies of the policies, evidencing the required insurance on or before the beginning date. CONTRACTOR agrees to submit new certificates or policies to City at least 30 days before the expiration date of the previous certificates or policies. The insurance shall be the following types in the indicated amounts: (1) Worker's Compensation and Statutory Employer's Liability or acceptable alternative. (2) Comprehensive General (Public) Bodily injury: Liability (or its equivalent), including $ 500,000 each person MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 11 but not limited to the following: $1,000,000 each occurrence (i) premises/operations and (ii) independent contractors Property damage: (iii) personal injury $ 250,000 per occurrence (iv) products/completed operations or $1,000,000 combined single limit for bodily injury and property damage. (3) Fidelity insurance covering Amount sufficient to protect all employees and officers the loss of the largest dollar having access to money collected. amount in the control or possession of an employee at any time, but not less than $125,000 or such other amount determined by City. (4) Property insurance for physical damage Coverage for minimum of to the property of CONTRACTOR located at the Tennis 100% of the fair market value Center. of the property. (5) Automobile liability, including Bodily injury: coverage for the following: $ 500,000 each person $1,000,000 each occurrence (i) owned/leased automobiles and (ii) non-owned automobiles Property damage: (iii) hired cars $ 250,000 per occurrence $1,000,000 combined single limit for bodily injury and property damage. (c) On all insurance required in Subsections (a) and(b), CONTRACTOR shall require that the insurance provider: (1) name City as an additional insured; (2)provide a waiver of subrogation in favor of City; and (3) provide 30 days' written notice to City of any material change to or cancellation of the insurance. ARTICLE 9. TERMINATION MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 12 §9.1 For default. City may terminate this Agreement in accordance with this article for a default by CONTRACTOR. §9.2 What constitutes a default. The following occurrences constitute a default by CONTRACTOR: (a) a breach of the fiduciary obligations of CONTRACTOR under Sections 5.1, 5.2, and 7.6 of this Agreement; (b) filing by CONTRACTOR of a voluntary petition for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within 30 days after filing; (c) a discontinuance by CONTRACTOR of its business or abandonment of its activities at the tennis center; (d) the inability of CONTRACTOR to provide an unqualified opinion in the annual audit report in accordance with article 7; or (e) a failure of CONTRACTOR to perform his duties under this Agreement. §9.3 Correction. CONTRACTOR shall have 30 days after written notice from City specifying the nature of a default under §9.2(e), to correct the default. If the default is of such a nature that it cannot be corrected within 30 days, CONTRACTOR shall have additional time as may be reasonably necessary to correct the default so long as CONTRACTOR diligently pursues the correction. §9.4 Election to terminate. City may elect to terminate this Agreement pursuant to this article by giving written notice of default to CONTRACTOR. If the default is under §9.2(a), (b), (c), or(d), this agreement shall terminate immediately upon delivery of written notice from City to CONTRACTOR of its election to terminate the agreement. If the default is under §9.2(e), this Agreement shall terminate upon expiration of the correction period if correction has not been made pursuant to §9.3, and City delivers to CONTRACTOR notice of its election to terminate the Agreement. MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 13 Boa- �� §9.5 Remedy for certain defaults. If CONTRACTOR defaults under §9.2(a), CONTRACTOR shall pay all amounts due City under the terms of this Agreement and in addition, pay all costs, damages, expenses, and reasonable attorneys' fees incurred by City as a result of the default and in pursuing its remedy. §9.6 Other termination. Either party may terminate this Agreement upon a minimum of (30) days notice to the other party. ARTICLE 10. ASSIGNMENT Neither party shall assign this agreement without the prior written consent of the other party. ARTICLE 11. NOTICES All notices to the parties shall be in writing and shall be sent by certified mail, return receipt requested, to the addressees and addresses specified below: All notices to CONTRACTOR shall be sent to: All notices to City shall be sent to: City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 ARTICLE 12. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable as applied in a particular case for any reason, those circumstances shall not have the effect of rendering the provision invalid or unenforceable in any other case. The invalidity of one or more phrases, sentences, clauses, or sections in this Agreement shall not affect the remaining portions of the Agreement. ARTICLE 13. GOVERNING LAW MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doC Page 14 This Agreement shall be governed by and construed under the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. ARTICLE 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and neither of the parties shall be bound by any promises, representations or agreements except as expressly set forth in this Agreement. ARTICLE 15. BINDING CLAUSE This Agreement shall be binding upon the parties, their heirs, executors, administrators, devisees, legatees, trustees, successors, and assigns. EXECUTED this day of , 1999. CITY OF SOUTHLAKE, TEXAS By: Mayor ATTEST: City Secretary MANAGEMENT AGREEMENT C:\TEMP\contr-agr.doc Page 15 City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety SUBJECT: Discussion on Outdoor Lighting Regulations. Action Requested: City Council discussion of proposed Ordinance No. 693-B to provide staff with direction on final draft of the ordinance. Background Information: This ordinance was originally requested by former Councilmember Pam Muller to provide guidelines for commercial lighting requirements compatible with adjacent residential property. City Plans Examiner Chuck Bloomberg met with Councilmember Muller and Mayor Stacy at least twice while developing the basic text of this ordinance. During the development of this ordinance, the City experienced a significant lighting issue at the Tetco convenience store, further identifying lighting issues. The draft lighting information was forwarded to the city attorney's office to be put into ordinance form. The proposed ordinance establishes measurable limits on outdoor lighting projecting onto private property from commercial establishments. The proposed ordinance also exempts single family homes from the lighting requirements and requires City Council approval for any temporary special effects lighting. Under the proposed ordinance, site plan review comments would be outlined in the Development Review Committee process for consideration as a part of the site plan approval by P&Z and City Council. These provisions are most easily administered if made a part of the technical codes referenced in the Uniform Administrative Code as part of the building code, and modifying the existing Zoning Ordinance to reference the ordinance. Because this is an amendment to the Building Code, the Building Board of Appeals would hear all variances to the requirements. The P&Z is scheduled to review the ordinance provisions and discuss the lighting regulations with a public hearing at the July 22, 1999 P&Z meeting. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This ordinance was reviewed by City Attorney Debra Drayovitch, who has C., approved the ordinance to be presented to the City Council for discussion. 11A-1 1 Billy Campbell my 16, 1999 age 2 Alternatives: The City Council may recommend the ordinance be submitted as First Reading at the August 3, 1999 City Council meeting as submitted or they may recommend changes or conditions they deem appropriate. Supporting Documents: Ordinance No. 693-B Staff Recommendation: Place Outdoor Lighting Regulations on the July 20, 1999 City Council meeting agenda for discussion. GW/bls Approved for Submittal to City Council: hv- City'Mager's Office r 11A-2 ORDINANCE NO. 693-B (Moe AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING THE UNIFORM BUILDING CODE BY ESTABLISHING REQUIREMENTS ` FOR OUTDOOR LIGHTING, ESTABLISHING ILLUMINATION STANDARDS; ESTABLISHING LUMINANCE LIMITATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF CERTAIN ORDINANCES; REPEALING ORDINANCE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. j i i 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 if the Texas Local Government Code; and WHEREAS, the City of Southlake has previously adopted regulations providing for requirements for outdoor lighting in certain zoning districts; and WHEREAS, the city council has determined that it is necessary to adopt revisions to the (boBluilding Code to provide for more comprehensive regulations regarding the provision of outdoor lighting on private property within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. That Ordinance 693, adopting the 1997 Uniform Building Code, is hereby amended to provide for the addition of Appendix Chapter 35 thereto,which said Appendix Chapter shall be and read as follows: APPENDIX- CHAPTER 35. OUTDOOR LIGHTING SECTION 3501. Purpose. This Chapter sets forth minimum criteria for the installation, use and maintenance of outdoor lighting, the purposes of which are: Lighting.crd.rtf Page 1 11A-3 f i (A) to preserve and enhance the lawful nighttime use and enjoyment of property; (B) protect drivers and pedestrians on nearby travel ways from disabling glare from non-vehicular light sources that shine directly into their eyes and thereby impair safe travel; (C) shield neighboring properties from nuisance glare and trespass resulting from improperly directed or shield light sources; (D) limit the height of light standards to preclude or lessen light pollution; (E) promote efficient design and operation with regard to energy conservation; and (F) curtail the degradation of the nighttime visual environment. SECTION 3502. Exemptions. 3502.1 The following uses shall be exempt from the requirements of this chapter: (1) Lighting installed on single-family or two-family property; (2) Lighting installed by a governmental agency for public benefit on public rights-of-way and parks, except such lighting shall be shielded as required by Section 3508. Bollard luminaires need not be considered when measuring illumination. (3) Temporary special effects of holiday lighting. 3502.2 Other temporary lighting effects may be used if approved by the city council. SECTION 3503. Definitions. The following words when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Candela means the unit of luminous intensity in a given direction. It is commonly called one candlepower. Lighting.ord.rtf Page 2 (OW 11A-4 Diffusing Luminaires means a luminaire that scatters light substantially in all directions as contrasted with a directional luminaire which confines its light principally in an angle Cl of less than 180 degrees. Floodlight means a luminaire designed to project its light in a defined area. It is directional in character. Floodlight beam means the angular spread of light between two orthogonal planes each of which equal ten percent of the maximum candlepower within the beam. ' Footcandle means the amount of illumination provided by one lumen uniformly distributed on one square foot of surface. Footlambert means the luminance of a surface uniformly emitting, transmitting, or reflecting one lumen per square foot of surface. Illumination mans the density of the luminous flux (lumens) incident on a surface. It is the quotient of the luminous flux divided by the area of the surface, expressed in foot candles. Light source means a device (such as a lamp)which produces visible energy as distinguished from devices or bodies that reflect or transmit light, such as a luminaire. Lumen means the quantity of luminous flux intercepted by a surface of one square foot, all points of which are one foot from a uniform source of one candela. A one-candela source provides 12.57 lumens. Luminaire means a device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Luminance means the luminous intensity per unit projected area of a given surface viewed from a given direction for purposes of this chapter expressed in candelas divided by distance squared. Glare means light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see. Bollard luminaire means a luminaire on a pole not over 42 inches in height designed to project light below a horizontal plane running through the top of the fixture. Lighting.ord.rtf Page 3 11A-5 SECTION 3504. Lighting Design. (Moe 3504.1 Lighting systems, including the placement of luminaires, shall meet the requirements of this chapter. t f1 I i Lighting.ord.rtf Page 4 11A-6 3504.2 Luminaires on poles over 42 inches in height and exterior wall mounted light fixtures shall be high pressured sodium lights or other lights giving a similar soft lighting effect. Alternate lights may be approved by the Building Official based on technical data submitted. 3504.3 Fully recessed lights in ceilings of canopies or roof overhangs may be of any type provided the level of illumination does not exceed the limitations specified in Section 3605. See Appendix Illustration B. 3504.4 Luminaires causing glare at property line or in vehicle areas on streets or parking lots are prohibited. 3504.5 Incandescent bulbs may be used as decorative lighting provided the individual lamps do not exceed 25 watts and do not otherwise conflict with this chapter. SECTION 3505. Illumination. 3505.1 The intensity of illumination projected from one property to another property is determined by the zoning district classification of the neighboring property and shall not exceed the following intensities, as measured from the property line of the neighboring property: Footcandles Footcandles Zoning of Neighboring Property Horizontal Vertical Agricultural, Single-family, and two-family residential districts 0.2 0.5 Multiple-family residential districts 0.5 0.5 Nonresidential districts, streets 3.0 3.0 ' Light industrial districts 5.0 5.0 3505.2 The maximum outdoor computed or measured illumination level on a property shall not exceed 20 foot candles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed 30 foot candles. SECTION 3506. Measurement. Lighting.ord.rtf Page 5 Q., 11A-7 i 3506.1 Lighting levels of outdoor lighting shall be measured in foot candles with a direct reading portable light meter with a color and cosine corrected sensor with (4w, multiple scales. The meter shall read within an accuracy of plus or minus five percent. It shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer within one year of date of use as attested to by a certificate issued by such laboratory. 3506.2 Horizontal method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made when the meteorological optical range is six miles or further so that measurements will not be adversely affected by atmospheric scatter. Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. This procedure eliminates the effects of moonlight and other ambient light. The difference between the two readings shall be compared to the footcandle ratings listed in Section 3505. i w i i Lighting.ord.rtf Page 6 11A-8 3506.3 vertical method of measurement. The meter sensor shall be mounted at five feet above ground level in a vertical position, perpendicular to the property line and { facing the outdoor lighting in question. Reading shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. This procedure eliminates the effects of moonlight and other ambient light. The difference between the two readings shall be compared to the footcandle ratings listed in Section 3505. 3506.4 Computation of illumination. Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted Illuminating Engineering society method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer,photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps,new and clean fixtures, and at rated voltage and wattage,with ballasts, lenses, shields, diffusers, and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects. SECTION 3507. Luminance. 3507.1 Limitations. The intensity of luminance projected from one property to another is determined by the zoning district classification of the neighboring property and shall not exceed the following limits: Zoning of Neighboring Property Luminance (1) Single-family and two-family residential districts 0.02 (2) Multiple-family residential districts 0.05 (3) Nonresidential districts, streets 0.30 (4) Industrial districts 0.50 3507.2 Calculations generally. Because of the lack of a practical means of measuring fixture luminance in the field, and because of the factors involved in glare, a computational method shall be used, the results of which determine compliance with this section. The point from which luminance calculations shall be made is five feet above ground at the property line of the property adjacent to the property with the outdoor lighting. Lighting.ord.rtf Page 7 C., 11A-9 w 3507.3 Luminance calculations using luminaire photometric data. Luminance shall be computed by the formula: L= I d2+ham where "I" is the fixture candlepower in candelas in the direction of the point from which the calculations are to be made, "d" is the shortest distance in feet measured horizontally from the property line to a point directly under the luminaire, and "h" is the height of the luminaire above the eye level as explained in Appendix A illustration. SECTION 3508. Enforcement. 3508.1 Illumination in excess of limitation. If the illumination, as measured, exceeds the limitations stated in Section 3505, the illumination shall be reduced until the illumination is equal to or less than prescribed in Section 3505. This may be accomplished by removal of the light, reduction in the quantity of luminaires, reduction of the wattage of the lamps, shielding the luminaires or aiming of the luminaires. 3508.2 Luminance in excess of limitation. If the luminance of a luminaire, as calculated, exceeds the limitations stated in Section 3507, the luminance shall be reduced until the luminance is equal to or less than prescribed in Section 3507. This may be accomplished by reduction of the wattage of the lamps, shielding the luminaire of by re-aiming of the luminaires. 3508.3 Shielding. Luminaires shall be aimed in such a manner that the viewer's eye, five feet above ground at or beyond the property line, shall not be exposed to fixture luminance within the floodlight beam of the luminaire. If such luminaires cannot be aimed they shall be shielded such that the light source is effectively concealed from view from the neighboring property. Shielding may be accomplished by louvers, baffles, visors, or shields placed on the luminaires, or by plantings, fences,berms, elevation, or any other method such that the limitations of section 3507 are met. SECTION 3509. Plans and Submittals. 3509.1 Lighting plans submitted for review and approval for building permits shall include a schematic lay-out of all proposed exterior fixture locations, footcandle data, and a plot demonstrating intensities and uniformities within the limitations established in this chapter. 3509.2 When requested by the building official, the applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting Lighting.ord.rtf Page s 11A-10 _ s from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare both on the uses or development site and on adjacent properties. SECTION 2. EXISTING LIGHTING When outdoor lighting does not conform to the provisions of this ordinance and lawfully exists on the effective date of this ordinance, it shall be deemed a lawful use. Any change or addition to an existing lighting system shall,however, comply with the provisions of this ordinance. SECTION 3. PENALTY { Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation (,,,4s permitted to exist shall constitute a separate offense. SECTION 4. PUBLICATION 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. Lighting.ord.rtf Page 9 11A-11 i SECTION 5. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of �uthlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting pr ovisions of such ordinances are hereby repealed. Specifically, this ordinance shall be cumulative of the provisions regarding outdoor lighting as contained in the Zoning Ordinance. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. The provisions of this ordinance shall apply to all applications for building permits filed on or after the effective date.. Lighting.ord.rtf Page 10 11A-12 s DASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: LCITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Lighting.ord.rtf Page i I L 11A-13 t t r APPENDIX ILLUSTRATIONS A Factors for Luminance Determination Luminaire Property fine I Candepower in direction of eye H i �YeYt31_ I Observer — —r Grade varies Si D B Ceiling Light in Canopy or Overhang Ceiba Flush Lens Projecting Lens Fully Recessed Not Fully Recessed L:\BUILDING\ORDINANC\Lighting.ord.rtf Lighting.ord.rtf Page 12 11A-14 Page is too large to OCR. Page is too large to OCR.