1992-02-04 CC PACKETCity of Southlake, Texas —
. I
i
M E M O R A N D U M
January 31, 1992
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest
City Council Meeting, 2/04/1992
1. Agenda Item No 5B Resolution regarding re -addressing of
Southlake citizens with Roanoke and Keller mail service. As
Greg points out in his memo, the resolution is the first step.
The question of Maguire Thomas Partners concern with re-
addressing has been favorable. Councilmember Barry Emerson
has talked to Tom Allen, Partner, MTP, on this issue.
2. Agenda Item No 5C CDBG grant application. Last Council
meeting staff discussed this item with City Council. The
consensus was to bring the item back before you for
consideration.
To reiterate, the City is not eligible at this time to submit
an application for a project within Southlake due to the lack
of up-to-date income data in any specific area. Next funding
year we will have the 1990 census data on social and economic
characteristics, due to be released in Summer of 1992. We are
eligible to submit an application for the clinic because the
nature of the clinic meets the requirements.
The application if approved would enable citizens of Southlake
to receive an essential service, at no cost to the City. If
the City does not make application, the funds will be used by
other Cities in the County as part of their individual
projects.
Mayor Fickes is familiar with the project. Feel free to
contact him (or me) if you have any questions.
3. Agenda Item No 6B Public Appearance by Community Road
Improvements Task Force. The task force has done an admirable
job. Following the presentation and recommendation, City
Council should direct staff to schedule an agenda item for
consideration in the near future, if Council plans to take
action based upon the recommendations.
4. Agenda Item No 7B Second Reading of Weed Ordinance. The
change in the weed ordinance since first reading is
highlighted by background shading. The ordinance now provides
that on tracts of land in excess of five (5) acres on which
livestock graze, the property owner must mow within 50 feet of
the property line. If the property is less than five (5)
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
January 31, 1992
Page 2
acres, the property owner must mow to the curb or street.
Note the last sentence in Section 2 (page 7b-3 in your packet)
which provides a defense to prosecution.
A notice concerning the amendments to the weed ordinance was
included in the citizens newsletter which went to every
resident last week.
5. Agenda Item No. 8A. Amendment to Food Certification
requirements. This is in follow up to our contract amendment
with Tarrant County approved by City Council in November,
1991. (See attached letter from Health Department.) Each of
the County's contract cities have been requested to approve
this change. Staff recommends approving the changes.
6. Agenda Item No 8B Amendments to Masonry Ordinance. This
item is in follow up of discussion with City Council several
meetings ago. The memo from Karen Gandy, Zoning
Administrator, succinctly outlines the changes.
7. Agenda Item No 10A Amendment to Trophy Club
water/wastewater agreement. This item will enable the City to
provide water and wastewater services to Da1Den, with the
following action item on the current agenda, item 10B. The
agreement with Trophy Club MUD No. 1 has broader implications
for our ability to provide services in the northeast portion
of the City.
8. Agenda Item No 10C This item is necessary to the FM 1709
reconstruction project. The water line relocation must be
completed prior to the F.M. 1709 reconstruction project going
to bid.
9. Agenda Item No 11A City Garbage Franchise Agreement. Mr.
Hubbard has made a point that City is not required to seek
bids. However, it may prove to our benefit.
10. Agenda Item No 11B Discussion of Impact Fees/Pro Rata Fees.
As succinctly as possible, the memo from Mike Barnes, DPW,
explains how the City is currently collecting the sewer pro
rata and impact fees.
If we continue the current practice, we could have an
accounting nightmare as time goes by since each development
will have a separate calculation. Also, bear in mind that
under our current fee limits, we are only collecting a
percentage of what we should be charging. By collecting less
impact fee than the limits, we are further reducing our
ability to capture the cost of the new developments impact on
the overall system.
11. Agenda Item 11C The auditors will hopefully have our 1991
Audit or financial report, ready for presentation.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
January 31, 1992
Page 3
OTHER ITEMS OF INTEREST
12. Practice Field Site for Baseball/Softball. Tuesday we met
with Tom Matthews concerning several items. Among the items
was the use of the portion in Country Walk adjacent to the
school for practice fields. We received verbal commitment for
use of the site. According to Greg Last, City Planner, we
will be able to place 4-6 practice fields at this location.
We will hopefully have a written agreement by the next Council
meeting.
13. Conditions of streets. The weather and increased traffic have
wrecked havoc with the conditions of our streets. In addition
to the collector and arterial streets, many subdivision
streets are deteriorating rapidly. All of this underscores
the need for street improvements we all know are needed. Post
Oak Trail is one of the streets scheduled to be included in
the County program. We received a complaint today from a
citizen who fell and badly twisted a knee while walking on the
street. We attempt to respond to these type of situations,
but realistically there is only so much we can do at this
time. We will schedule an agenda discussion item in the near
future concerning the streets.
14. Drainacte Problem On Carroll Ave immediately north and south
of City Hall. The seemingly incessant rain and resulting
ground saturation have served to emphasize the two areas of
standing water near City Hall. I have heard several comments
that we cannot even take care of City Hall's drainage, with
these two areas cited as evidence.
The problem to the north of City Hall, near Lakewood, will
require a small culvert pipe along the west right-of-way in
order to allow the standing water to drain to grade. This
will be scheduled with our crews for work once the ground
dries out.
The problem to the south of City Hall on Carroll is more
involved. A large culvert pipe will need to be installed
across Carroll Ave., with a drainage ditch constructed within
an easement obtained from the Fechtels. This project is part
of the requirements for drainage improvements associated with
the Southview Development.
There are a number of factors at play, but we have asked the
developer, Tom Matthews, to accelerate the project due to the
magnitude of the problem. He has agreed to do this with our
participation. We owe Southview a couple of thousand dollars
for our pro rata cost to the Southview sewer, which was
extended to City Hall. Additionally, as we collect pro rata
from subsequent developers who use the Southview sewer, we
will pay that to the Southview developer. To expedite the
project, we have agreed to contribute just less than $5,000
toward the project. We will receive a credit from Southview
Honorable Mayor and
Agenda Item Comments
January 31, 1992
Page 4
Members of City Council
and Other Items of Interest
for our sewer pro rata cost, and will receive credit for the
remainder of our contribution from fees we collect from other
developers in the Southview area. We will receive a letter
agreement to this fact from Tom Matthews.
In any case, the work cannot commence until the ground dries
out enough to enable the construction crews to get their
equipment in and out of the drainage easements obtained from
the Fechtels.
15. Note the attached letter to Mike Totin in response to his
request for information under the Open Records Act.
16. Note the attached memorandum from Chris Terry, Assistant to
the City Manager, concerning the January 20, 1992 meeting of
the Park and Recreation Board.
17. The Americans with Disabilities Act of 1990 went into effect
January 26, 1992. There are several things we must do in
order to comply with the Act. The most tangible is to remove
the question concerning handicaps from our job applications,
which we will do immediately. Fortunately, there are not
requirements that will adversely affect us at this time. We
will have this item on the next agenda for discussion to bring
you up to date.
18. Included in your packet is a printed copy of the 1991-1992
Annual Operating Budget, except for those who have already
picked one up this week. There were some delays at the
printer but the primary reason for the delay has been the work
load. We will be more timely in producing the final product
next year.
City of Southlake, Texas
M E M O R A N D U M
January 31, 1992
TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 92-05, Calling General Election
Resolution No. 92-05, Calling a General Election to be held
on May 2, 1992 is attached for your approval. In accordance
with Section 154.007 of the Code, any eligible and
qualified person may have his name printed upon the official
ballot as'a candidate not earlier than February 17, 1992 nor
later than March 28, 1992 at 5:00 p.m. I have enclosed a
Candidates Election calendar for your information.
I will have the "Candidate Packets" available to prospective
candidates the week of February 10, 1992.
If you have any questions, please give me a call.
&YwL
,SLL/sl
Q -/
City of Southlake, Texas —
RESOLUTION NO. 92-05
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
CALLING A GENERAL ELECTION TO BE HELD ON MAY 2,
1992. ESTABLISHING ELECTION PRECINCTS WITHIN THE
CITY; APPOINTING AN ELECTION JUDGE AND AN
ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY
TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE
DEPARTMENT FOR PRE -CLEARANCE APPROVAL;
ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF
THE ELECTION; ESTABLISHING A DATE FOR CANVASSING
RETURNS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas Election Code (the
"Code") specifies that the first Saturday in May shall be a
"Uniform election date" and that a general election of a city may
be held on such -day; and,
WHEREAS, by a Resolution the first Saturday in May (May 2,
1992) has been adopted as the date of its general election; and,
WHEREAS, by this resolution, established the last Saturday in
May (May 30, 1992) as the date for a runoff election should one be
required for the general election; and,
WHEREAS, by this resolution, it is the intention of the City
Council to officially establish the election precincts within the
City, to designate a polling place for the election, to appoint
the necessary election officers and to establish and set forth
procedures for conducting the election; and,
WHEREAS, the changes from prior practices may require
pre -clearance under the Federal Voting Rights Act:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. Election Day A general election shall be held in
the City of Southlake, Texas, Saturday, May 2, 1992, at which the
following officers will be elected:
COUNCILMEMBER PLACE NO. 3
COUNCILMEMBER PLACE NO. 4
COUNCILMEMBER PLACE NO. 5
Section 2. Term of Office In accordance with the City's
Charter, the candidate for each of the following offices receiving
the majority of votes for such office shall be elected for the
following terms, beginning May 2, 1992, or until a successor is
duly elected and qualified: Councilmember Place 3; Councilmember
Place 4; and Councilmember Place 5, shall serve three (3) year
'terms.
City of Southlake, Texas
Resolution No. 92-05
Calling the General Election
page two
Section 3. Eligibility for Candidacy In accordance with the
City's Charter, no person shall be eligible for the office of
Mayor or Councilmember unless he/she is a qualified elector of the
City and has resided in the City for at least twelve (12) months
next preceding the election at which he/she is to be elected.
Section 4. Application for a Place on the Ballot In accordance
with Section 143.007 of the Code, any eligible and qualified
person may have his name printed upon the official ballot as a
candidate for the offices herein set forth by filing his sworn
application with the City Secretary not earlier than February 17,
1992, and not later than 5:00 p.m. March 18, 1992. Each such
application shall be on a form as prescribed by Section 141.031 of
the Code. The order in which the names of the candidates are to
be printed on -,the ballot shall be determined by a drawing by the
City Secretary as provided by Section 52.094 of the Code. Notice
of the time and place for such drawing shall be given in
accordance with the Code.
Section 5. Runoff Election In accordance with the Code, in the
event that no candidate received a majority of the votes for an
office, there shall be a runoff election held on May 30, 1992. If
a runoff election is necessary, it shall be ordered by the Mayor
not later than five (5) days after the canvassing of the returns
of the general election.
Section 6. Election Precincts In accordance with Section
42.061 of the Code, the City Council of the City hereby
establishes its election precinct for all municipal elections from
and after the effective date of this Resolution, such precincts to
be coterminous with the boundaries of the below listed election
precincts established by the Denton County and Tarrant county
Commissioner's Courts, to the extent such election precincts are
within the corporate boundaries of the City:
Denton County Election Precinct No. 312
Tarrant County Election Precinct No. 3470
Tarrant County Election Precinct No. 3039
Tarrant County Election Precinct No. 3040
Tarrant County Election Precinct No. 3286
Tarrant County Election Precinct No. 3359
Section 7. Polling Place The polling place for the election
precinct of the City for all municipal elections from and after
the effective date of this Resolution shall be City Hall, 667
North Carroll Avenue, Southlake, Texas, The polls shall be open
from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to
the requirements of the Code.
,JriL -3
City of Southlake, Texas
Resolution No. 92-05
Calling:General Election
page three
Section 8. Appointment of Election Judae and Alternate Election
Judge The following named individuals, residing at the
respective addresses, are hereby appointed to serve as Presiding
Election Judge and Alternate Presiding Election Judge,
respectively, at the election:
Presiding Judge:
Name: Aloha Payne
Address: 1213 Whispering Lane, Southlake, Texas
Alternate Presiding Judge:
Name: Sue Eubanks
Address: 2711 Rolling Lane, Southlake, Texas
The Election Judge and Alternate Judge shall be qualified voters
of the city. The City Secretary shall, in accordance with Section
32.009 of the Code, deliver to the Presiding Judge and the
Alternate Judge notice of their appointments not later than twenty
(20) days from the effective date of this Resolution.
Section 9. Appointment of Clerks The Presiding Judge for the
polling place shall appoint Election Clerks and as many additional
Clerks as are necessary for the proper conduct of the election.
Provided, however, five (5) Clerks, shall be the maximum number of
Clerks which may be appointed to serve at the polling place. All
Election Clerks shall be qualified voters of the City.
Section 10. Compensation of the Election Judge and Election
Clerks The Presiding Election Judge, Alternate Presiding Judge
and each Election Clerk shall be compensated at the rate of $5.00
per hour in accordance with Section 32.091 of the Code. The
Presiding Election Judge shall also be paid the additional sum of
$25.00 for delivering the returns of the election.
Section 11. Method of Voting The City Secretary is hereby
authorized and instructed to provide and furnish all necessary
election supplies to conduct the election. In accordance with
this resolution. Voting at the election shall be by electronic
voting machine and shall be conducted in accordance with the code.
Section 12. Governing Law and Qualified Voters The election
shall be held in accordance with the Constitution of the State of
Texas and the Code, and all resident qualified voters of the City
shall be eligible to vote at the election.
City of Southlake, Texas
Resolution No. 92-05
Calling:General Election
page four
Section 13. Publication and Posting of Notice Notice of the
election shall be published twice no earlier than April 2, 1992,
and no later than April 22, 1992, in a newspaper in accordance
with the provisions of the Code, and shall be posted no later than
April 13, 1992, in the regular place for posting notice of
meetings of the City Council of the City.
Section 14. Early Voting Early Voting by personal appearance
shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on
each day which is not a Saturday, Sunday, or an official State
Holiday, beginning on April 13, 1992 and continuing through April
28, 1992, except on Saturday, April 25, 1992, the early polling
place will be open from 10:00 a.m. to 2:00 p.m. Early Voting by
personal appearance shall be at the office of the City Secretary,
667 North Carroll Avenue, Southlake, Texas. Applications for
early voting by mail shall be delivered to the City Secretary at
the same address not earlier than March 3, 1992, and not later
than the close of business on April 24, 1992.
Early Voting, both by personal appearance and by mail, shall be by
paper ballots and shall be canvassed by the Absentee Ballot Board,
which is hereby created. The Presiding Election Judge and the
Alternate Presiding Election Judge appointed herein shall serve as
the presiding officer and the alternate presiding officer,
respectively, of the Early Voting Board. The other election
officer serving at the election shall serve as the other members
of the Early Voting Ballot Board for the election.
Section 15. Submissions to the United States Justice Department
That the City Secretary of the City of Southlake is authorized to
make such submissions as are necessary to the United States
Justice Department to seek pre -clearance approval for additional
length of the absentee voting period to include Saturday, April
25, 1992, from 10:00 a.m. to 2:00 p.m.; to waive the bilingual
requirements set forth in the Voting Rights Act; and, to change
election precincts determined by Tarrant and Denton County
Commissioner's Courts.
Section 16. Delivery of Returns In accordance with the Code,
immediately after the closing of the polls on the day of the
election, the election officers names in this resolution shall
make and deliver the returns of the election in triplicate as
follows: one copy shall be retained by the Presiding Judge, one
copy shall be delivered to the Mayor of the City, and one copy of
the returns, together with the ballot boxes and all election
supplies, shall be delivered to the City Secretary. All election
records and supplies shall be preserved by the City Secretary in
accordance with the Code.
J;.-.s
City of Southlake, Texas
Resolut.ton No. 92-05
Calling General Election
page five
Section 17. Canvassing of Returns The City Council shall
convene on May 5, 1992 at 6:00 p.m., to canvass the returns of the
election.
Section 18. Necessary Actions The Mayor and the City Secretary
of the City, in consultation with the City Attorney, are hereby
authorized and directed to take any and all actions necessary to
comply with the provisions of the Code in carrying out and
conducting the election, whether or not expressly authorized
herein.
Section 19. .-.Effective
upon its adoption.
Date This Resolution shall be effective
PASSED AND APPROVED this the day of ,
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
.
CANDIDATE'S ELECTION CALENDAR
CITY OF SOUTHLAKE
GENERAL ELECTION
May 2, 1992
DATE DAY DESCRIPTION
February 17, 1992 Monday First day to file for office
8:00 a.m. Office of City
Secretary.
March 18, 1992 Wednesday Last day to file for office
5:00 P.M.
March
19,
1992
Thursday
Drawing for place on the
_
ballot. City Secretary's
Office. 10:00 a.m.
March
27,
1992
Friday
Last day to withdraw as a
candidate- 5:00 p.m.
April
2,
1992
Thursday
Last day a person may
register to vote in the May
2, 1992, General Election.
April
13,
1992
Monday
Early Voting by personal
appearance begins.
Southlake City Hall, Office
of City Secretary.
8:00 a.m. to 5:00 p.m.
April 25, 1992 Saturday Early Voting by personal
appearance. Office of City
Secretary. 10:00 a.m. to
2:00 p.m.
April 28, 1992 Tuesday Early Voting by personal
appearance ends. 5:00 p.m.
May 2, 1992 Saturday ELECTION DAY. 7:00 a.m. to
7:00 p.m. Southlake City
Hall, 667 N. Carroll Avenue.
May 5, 1992 Tuesday Special City Council Meeting
Canvass election returns
and declare results. Call
Runoff Election if
necessary. 6:00 p.m.
May 30, 1991 Saturday Runoff Election
(If necessary).
City of Southlake, Texas -
r
M E M O R A N D U M
January 14, 1992
r..lTO: Curtis E. Hawk, City Manager
CITY MANAGER
f 7 �_�4A��
FROM: Greg Last, City Planner
SUBJECT: Resolution No. 92-06: Re -addressing Southlake citizens
with Roanoke or Keller mailing addresses.
-----------------------------------------------------------------
The attached resolution is the first step necessary to initiate
the process of changing all Keller and Roanoke mailing addresses
within Southlake to have mailing addresses out of the future
Southlake Post Office. The Postal Service will then proceed with
a citizen survey and advise the city of any further actions
necessary.
There are some zip code publications expected to be printed in
June and if the City desires to have these addresses changed, it
would be ideal to implement these changes prior to this deadline.
Please place this on the Council agenda for their consideration.
4.-'o
GL/gh
Enc: Resolution 92-06
xc: Grapevine Postmaster
FIELDING. BARRETT TEL �1 56G-�a5� Jan 30•�a? 16 52 P�o.G1 P.G,
IN
RESOLUTION No. 92-06
A RESOLUTION PROVIDING FOR THE SUBMISSION OF AN
APPLICATION TO THE UNITED STATES POSTAL SERVICE FOR THE
RE -ADDRESSING OF RESIDENTS IN THE CITY OF SOUTHLAKE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are residents within the City of Southlake
whose mail service is currently handled through post offices within
the cities of Keller and Roanoke, thereby necessitating a non-
Southlake mailing address for such residents; and
WHEREAS, the construction of a United States Post Office
within the City of Southlake is presently underway and is projected
for an opening in July; 1992; and
WHEREAS, it is the desire of the city council and the
residents of the City of Southlake who are currently served through
the cities of Keller and Roanoke, that the mailing address be the
same as the street address for each of these residents; and
WHEREAS, the readdressing of the Southlake residents is
subject to a survey of affected citizens by the U.S. Postal Service
and review and approval of same by the Fort Worth District Office;
and
WHEREAS, the desire by the council and its citizens to
complete the readdressing process concurrent with the opening of
the Southlake Post Office requires immediate council action to
allow the City to initiate such a request to the Fort Worth
District Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
1.
The City Manager is hereby authorized and directed to submit
a formal application to the United States Postal Service for the
re -addressing of Southlake residents and to further provide the
postal service with all necessary information and records to
initiate and expedite the readdressing process.
2.
This Resolution shall be in full force and effect from and
after its adoption.
- 1 -
F'IELDING, BARRETT TEL: 817-560-3953 Jan 30,92 16:52 No.012 P.04
A.,
PASSED AND APPROVED this day or
slake\mait.res
ATTEST:
CITY SECRETARY
- 2 -
1992.
City of Southlake, Texas
CITY MANAGER
Q
MEMORANDUM
January 31, 1992
TO: Curtis Hawk, City Manager
FROM: Chris Terry, Asst. to the City Manager
SUBJECT: AUTHORIZING CITY TO SUBMIT CDBG APPLICATION FOR
NORTHEAST MEDICAL CLINIC
With City Council approval, city staff will complete the necessary
CDBG application required to fund the requested renovation of the
planned facility addition to the Northeast Community Health Clinic
located at 813 Brown Trail in Bedford. The project is being
sponsored by the City and the Northeast Human Services Project of
the United Way of Metropolitan Tarrant County.
When completed, this public health care facility improvement will
serve the citizens of Southlake along with other residents of
northeast Tarrant County. The facility will offer expanded public
health care access for the elderly, fixed income, low income, those
without employment and/or health insurance as well as any resident
seeking health services. Many patients of northeast Tarrant County
and the Southlake area are currently forced to travel to John Peter
Smith Hospital in downtown Fort Worth to access public health care
due to temporary office space constraints and limited hours at the
Northeast Clinic.
The total budget for the project is $220,000.00. $127,000.00 has
been estimated for the renovation and remodeling expenses. A CDBG
funding request of $62,690.00 would be Southlake's CDBG
contribution to the project along with $64,310.00 from the City of
Bedford. Anticipated environmental improvements at the new
facility will involve $30,000.00 in asbestos abatement and $20,000
for roof repairs. See attached letters:
Patricia Ward, Tarrant County Community
Development Officer
Paul Rowntree, Chairman, Northeast Human
Services Project
City staff is acquiring the necessary information to complete the
CDBG application, which must be submitted by February 10, 1992, and
will pursue this project with Council approval.
CT
G. K. MAENIUS
ADMINISTRATOR
Mr. Curtis Hawk
City Manager
City of Southlake
667 North Carroll
Southlake, TX 76092
Dear Curtis:
TARRANT COUNTY
COMMISSIONERS COURT
January 27, 1992
Per our conversation last week concerning the City of Southlake's submittal of a project for
funding under the Tarrant County 1992 CDBG program, below is a budget summary for the Northeast
Medical Clinic:
Total Budget
Expenditures:
Acquisition
Maxim Engineering
Sempco, Inc.
Wm. E. Oswald Co.
Sempco, Inc.
Balance (1/10/92)
$220,000
$151,575
2,200 (environmental assessment)
927 (survey)
2,500 (appraisal)
108 (survey)
$ 62,690
An environmental assessment conducted by Maxim Engineers, Inc., revealed asbestos
throughout the building in the drywall board materials, the acoustical ceiling, and the tile flooring. The
building's roof also must be repaired. There is substantial leakage throughout the building. In many
areas of the building, the ceiling and carpet have already been ruined and must be replaced. It is
essential that the roof be replaced as soon as possible.
Most of the remaining balance will be used to abate asbestos -containing materials present in
the building. Federal regulations require that these materials be removed prior to the renovation of the
building. Tarrant County will repair the roof and complete the asbestos abatement under separate
contracts. In addition to these two activities, some minor renovation of the building interior will be
completed during the current program year.
Additional funding is required to complete the renovation of the building. The City of Bedford
is planning to submit the completion of the interior renovation as their 1992 project. Should your city
TARRANT COUNTY ADMINISTRATION BUILDING
100 E. WEATHERFORD, FORT WORTH, TEXAS 76196-0609 917/994.1733 FAX 317/394-1702
Mr. Curtis Aawk
Qe January 27, 1992
Page Two
also decide to submit the completion of the renovation of the building as your project, the building
should be fully operational and open for business by next year.
The current set of plans and s� address the funding available from 1991. therefore
I do not have an overall cost estimate for the completion of the project. It is my understanding that
certain work items normally included in the plans and specifications for a CDSG project can be done
by county staff, such as resurfacing the parking Iot.
Once this renovation is completed, the facility will provide a vital service to the residents of
Northeast Tarrant County. Thank you for your consideration in this matter. Should you or any member
of the City Council have questions concerning this project or the CDSG program, please contact me
at 884-1736.
L
Patricia Ward
Community Development Officer
<- "&- 3
3f- t C'e —
A Pmgram of
of mew*aman
Tarrant Camty
ale
Northeast
Human
Services
Project
813 Brim Tral
Suite 87
Bedford, Texas
76022
817rM-1160
January 24, 1992
Mr. Gary Fickes
Mayor - City of Southlake
667 N. Carroll Ave.
Southlake, Tx. 76092
Re: Northeast Community Health Clinic
Dear Mayor:
OF&4= OF
SEC=ABZ L)
In April, 1991 the cities of Northeast Tarrant County came
together in support of the acquisition of a building for
the Northeast Community Health Clinic as Phase II of the
Northeast Human Service Center at 813 Brown Trail in
Bedford. This clinic is one of an anticipated four
neighborhood clinics of the Tarrant County Hospital
District. The acquisition of the building was sponsored
by the Northeast Human Services Project, a project of the
United Way of Metropolitan Tarrant County.
The Northeast Community Health Clinic opened November 7,
1991 in temporary office space and housed with the Tarrant
County Public Health Department. Many patients originating
from Northeast Tarrant County are still forced to access
health care services at the downtown main hospital campus
due to the constraints of temporary office space and
abbreviated clinic hours at the Northeast clinic. During
October 1 to December 31, 1991, over 890 patients
originating from Northeast Tarrant County were seen at
the main campus.
The original acquisition budget for the Northeast clinic
was estimated to be $220,000 with $80,000 of that set aside
for remodeling of the interior of the building.
Unfortunately, with anticipated surveying and environmental
review costs which uncovered the need for $30,000 in
asbestos abatement and $20,000 for a new roof, the
remodeling budget has been severely limited. Tarrant County
Hospital District construction specialists estimate that
the remodeling and renovation costs will be approximately
$127, 000.
At this time, we are asking for your support in the upcoming
1992-93 Tarrant County Community Development Block Grant
program. Residents (the elderly, fixed income, low income,
and those without employment and/or health insurance) of
your city are counting on you to support this project so
that they can have more convenient and timely access to
A community volunteer representative of the Northeast Human
Services Project Steering Committee will be calling on
you to discuss your city's participation in this most
worthwhile project.
Sincerely,
Paul Rowntree
Chairman, Northeast Human Services Project
Chairman of the Board, Bank of North Texas
NEHSP Steering -Committee:
Fran Fuller
Carol Horrocks
Jim Pridemore
Hardy Sanders
Carolyn Tarwater
Gary Terry
cc: City Manager
5C-s
OFTARRANTCOUNTY
January 20, 1992
Mr. Curtis Hawk,
City of Southlake
667 N. Carroll Rd
Southlake, Texas
Dear Mr. Hawk:
City Manager
76092
7
This letter is a result of our telephone conversation of
this afternoon regarding my desire to address the South -
lake City Council on behalf of the Citizens Crime
Commission of Tarrant County. I would like to be placed
on the February 4, 1992 agenda to make this presentation.
The Citizens Crime Commission is a private non-profit
organization dedicated to involving citizens within
Tarrant County in the effort to reduce crime for us all
and to make our communities safer and more desirable in
which to live and raise our families. The Commission
undertook an effort in November of 1990 to study the
youth gang issue in the County and develop ways to deal
with the effects on our communities.
This report was released on October 29, 1991 after the
active involvement and input of over 200 citizens from
the county, including representation from the majority
of the 38 law enforcement agencies and 17 school
districts within Tarrant County. This was largely a
volunteer effort with a small grant from the Tandy
Foundation and Burlington Resources to fund the writing
and publishing of the report.
The presentation would take about four minutes. I only
want to present the mayor and each council member with
an Executive Summary and the Full Report to you.
Thank you for your time, consideration, and assistance.
If I can provide any additional information, please call
488-9588, ext 238.
Sincerely,
.54
Larry Oliver
6"57
Fuck Sbidk Jr.
o f* ami
Can AMo d
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Dak R. Gaa
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sasas r�ir W,bri Pu
Kuas H. Paiiru
Bill R. %d=
Louis Snuns
Kd� Whits: Pan=
Sun Bab &M
Eh Baum
Fra & Btaltky, PhD.
John W. Bumun
Jaac Lack Card
Cod DaDavi
Kr Day
Rr bm Forms&
Alm Fitzwater
Sun Garda
Rm GCrcy
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Sharon Halams
Morris ftna, PhD.
Jahn L Howd
William B. JXbM
Jay J. T&
Jad B. JQW=
Bob Kalov
WE= L Lary
TPf�n�ip MccrurY
Pat 0
Laq Ober
Pukes
Dmm Packer
Jam N.R Jr.
maid Narmus Robbirss
Nan Ruby
Mary Ekn &fw=
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lad
Dorodry�lair Tmdm
Paulinc Vaknouso
Robert F. Watson
Carl S. W*
Vaklu Wia* Jr.
1300 Summit Ave., #22c
Fat Watts, Ttm 7610'.
(817) 0-5161
FAX (817) M 443
Tarmt County RaU-
Fizking Giant
X
City of Southlake. Texas
i
K E M 0 R A N D U M
January 29, 1992
TO: Curtis Hawk, City Manager
FROM: Chris Terry, Asst. to the City Manager
SUBJECT: ROAD IMPROVEMENTS TASK FORCE RECOMMENDATION
--------------------------------------------
The attached recommendation is the final product of the work
conducted by Southlake's Road Improvements Task Force. The
recommendation represents the culmination of approximately seven
months of research and analysis into the condition of Southlake's
roadways and how they might best be improved.
d
The Task Force examined roadway priorities, construction needs, an
financing methodologies as part of their work. The citizen -based
Task Force began their research by identifying and ranking the
priority of high capacity streets within the City. Once these
targeted roadways were identified, various construction
alternatives were evaluated by the Task Force. Finally, the
Financing Committee developed possible funding scenarios to support
the recommended improvements.
priority Committee Chair Michael Richarme will formally present to
Council the findings contained in the recommendation.
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STREET PRIORITY
KEY ISSUES
- NEEDS OF THE ENTIRE COMMUNITY VERSUS
NEEDS OF ONLY A FEW - TRAFFIC COUNT TENDS
TO DOMINATE THE ANALYSIS WITH SUBJECTIVE
ACCOUNTING FOR ONLY SLIGHT ADJUSTMENTS
- SOME SECTIONS IN POOR CONDITION SHOULD
BE PATCHED OR REPAVED UNTIL TIME FOR
REBUILD - ROAD CONDITION ALONE DID NOT
DICTATE ORDER OF PRIORITY
- MANY SAFETY CONCERNS LIE WITH INTERSECTIONS
AND NEARNESS OF UNDERBRUSH TO STREET -
REDESIGN OF INTERSECTIONS AND CLEARING OR
FIXING SHOULDERS WAS NOT INCLUDED IN THE
PRIORITY RANKINGS
`'11r
- INTERIM CONSTRUCTION VERSUS ULTIMATE
CONSTRUCTION WAS NOT INCLUDED IN THE
PRIORITY RANKINGS - ANY INTERIM ROADS
SHOULD BE ADEQUATE TO HANDLE 100% OF
TRAFFIC UNTIL ULTIMATE ROADS ARE BUILT
- LOCAL STREETS WERE NOT INCLUDED IN THE
ANALYSIS - THERE ARE MANY SMALLER ROADS
AND LOCAL STREETS WHICH ARE IN DIRE NEED
OF REPAIR
R
STREET PRIORITY
OBJECTIVE: DETERMINE ORDER OF PRIORITY FOR BUILDING
SOUTHLAKE STREETS
METHOD: 1) IDENTIFY MAJOR THOROUGHFARES
2) ASSIMILATE NECESSARY INPUT DATA
3) DEVELOP QUANTITATIVE TRAFFIC COUNT
BASED BASELINE RANKING
4) UTILIZE QUALITATIVE ADJUSTMENT TO
BASELINE TO REFLECT COMMUNITY CONCERNS
5) EVALUATE ADJUSTED RANKINGS FOR
REASONABLENESS
4 i - 0? /
m
STREET PRIORITY
MAJOR THOROUGHFARES IN SOUTHLAKE
1.
KIMBALL
2.
CARROLL
3.
WHITES CHAPEL
4.
PEYTONVILLE
5.
CONTINENTAL
6.
HIGHLAND
7.
DOVE
ALSO INCLUDED IN THE EVALUATION
8. SHADY OAKS
9. LONESOME DOVE
10. BRUMLOW
11. BOB JONES
12. KING
NOT INCLUDED IN THE EVALUATION
13. SH 114
14. FM 1709 (SOUTHLAKE BLVD.)
15. FM 1938 (DAVIS/RANDOL MILL)
16. OTHER LOCAL STREETS
17. INTERIOR RESIDENTIAL DEVELOPMENT STREETS
18. STREETS TO BE BUILT IN THE FUTURE
6.,�-OF/
STREET PRIORITY
INPUT DATA UTILIZED
- 1991 TRAFFIC COUNTS BY STREET SECTION
- PROJECTED TRAFFIC COUNTS FOR 19969 2001, 2010,
AND ULTIMATE BUILDOUT
- LAND USE PLAN
- PLANNED RESIDENTIAL DEVELOPMENTS
- PARK MASTER PLAN
- SEWER MASTER PLAN
- 1991 TRAFFIC ACCIDENT REPORT
- SH 114 INTERSECTION PLAN
- SH 114/FM 1709/FM 1938 IMPROVEMENT PLAN
4;"t/ a 2
STREET PRIORITY
DEVELOP QUANTITATIVE BASELINE RANKING
- DIVIDE EACH THOROUGHFARE INTO "SECTIONS"
- DETERMINE 1996 PROJECTED VOLUME FOR EACH
SECTION
- DETERMINE "ROAD CAPACITY" FOR EACH SECTION
- CALCULATE PERCENTAGE OF CAPACITY THAT EACH
SECTION WILL CARRY IN 1996
(EXAMPLE: ROAD SECTION X IS EXPECTED TO CARRY
1000 CARS PER DAY IN 1996 AND HAS A CAPACITY
TO CARRY 2000 CARS PER DAY. THE PERCENTAGE
OF CAPACITY IS 1000/2000 OR 50%)
STACK RANK THE ROAD SECTIONS BASED ON THIS
PERCENTAGE CAPACITY TO DETERMINE THE ROAD
SECTIONS MOST UNDER TRAFFIC STRESS
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�,,, STREET PRIORITY
QUALITATIVE ADJUSTMENT TO BASELINE RANKINGS
- SOME ROADS ARE IN WORSE CONDITION THAN OTHERS
- SOME ROADS HAVE MORE SAFETY PROBLEMS THAN OTHERS
- SOME ROADS HAVE HIGHER RESIDENTIAL DENSITY
- SOME ROADS HAVE COMMERCIAL/INDUSTRIAL TRAFFIC
- SOME ROADS ARE NEAR SCHOOLS/PARKS/PUBLIC SAFETY
THE COMMITTEE FELT THAT INCLUSION OF THESE
DIFFERENCES WOULD ADD NEEDED "INTELLIGENCE" TO THE
BASELINE TRAFFIC COUNTS
- TO GATHER THIS DATA, THE COMMITTEE DEVELOPED A
SCORECARD AND EVALUATED EACH ROAD SECTION
- THE COMMITTEE THEN MET AND DISCUSSED EACH ROAD
SECTION USING THEIR SCORECARD RESULTS
STREET PRIORITY SCORECARD
ROAD SECTION:
(between and )
Subjective Measures (Circle one for each category)
Road Condition Poor Moderate Good
Safety
Development
Land Use
Schools/Parks
Definitions:
Poor Moderate Good
Low Moderate High
Resident. Mixed Comm.
Yes Nearby No
DATE:
SCORER:
Comments
Road Use - Number and frequency of patches, smoothness of surface,
condition of shoulder/bar ditch, etc.
Safety - Visibility, any blind curves, adequate room to turn or pass,
nearness of trees/underbrush, ability to stop for repair, etc.
Development - Current and planned housing and business densities
Land Use - (from Land Use Map) Type of traffic likely to use the road
Schools/Parks - Whether the school or park borders that road, is within
a few blocks -of the road (children foot traffic), or is not
in the general area
WP"e,_'�d
m
STREET PRIORITY
QUALITATIVE ADJUSTMENT TO BASELINE RANKINGS
- WEIGHTS WERE ASSIGNED TO EACH AREA OF
CONCERN
- ROAD CONDITION AND SAFETY CONCERNS WERE
DETERMINED TO BE TWICE AS IMPORTANT AS
THE OTHER THREE AREAS OF CONCERN
- THESE BASIS POINTS WERE ADDED TO THE
PERCENTAGE OF CAPACITY RANKINGS TO ARRIVE
AT A NEW SCORE FOR EACH ROAD SECTION
WEIGHTS
ROAD CONDITION :
SAFETY:
DENSITY:
TYPE OF ZONING:
SCHOOLS/PARKS:
GOOD - 0
AVERAGE - 5
POOR - 10
GOOD - 0
AVERAGE - 5
POOR - 10
LOW - 0
MEDIUM - 2.5
HIGH - 5
RESIDENTIAL - 0
MIXED - 2.5
COMMERCIAL - 5
NO - 0
NEARBY - 2.5
YES - 5
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STREET PRIORITY
1996
Basis Point
1996 Adj.
Road Section
%Cap.
Adjustment
Percent Cap.
1
N. Kimball (Highland -Dove)
300%
9%
17%
309%
287%
2
N. Whites Chapel (1709 - Highland)
270%
15%
232%
3
E. Continental (Carroll - Brumlow)
217%
7%
227%
4
S. Whites Chapel (Continental - 1709)
220%
22%
225%
5
E. Dove (Carroll - Kimball)
203%
4%
221%
6
N. Kimball (1709 - Highland)
217%
177%
27%
204%
7
E. Continental (Whites Chapel -Carroll)
22%
195%
8
N. Carroll (Highland - Dove)
173%
70/0
159%
9
N. Whites Chapel (Highland - Dove)
152%
24%
137%
10
N. Carroll (1709 - Highland)
113%
117%
17%
134%
11
E. Dove (Whites Chapel - Carroll)
110%
17%
132%
12
W. Continental (Davis - Whites Chapel)
0r/9
130%
13
S. Carroll (1709 • Continental)
130%
2277% %
%
111414%
14
N. Peytonville (Ten Bar - 1709)
87%
83%
15
W. Dove (Randol Mill - Peytonville)
70%
19%
89 %
16
E. Continental (Brumlow • Kimball)
80%
S,/o
8%
17
W. Highland (Shady Oaks - Whites Chap)
84%
18
S. Peytonville (1709 Continental)
60%
24 %
24%
84%
19
W. Dove (Peytonville Shady Oaks)
67%
17%
82%
20
Brumlow
65%
57%
5%
62%
21
E. Highland (Carroll - Kimball)
48%
9%
57%
22
E. Highland (Whites Chapel -Carroll)
22%
�%
23
N. Peytonville (Woodbrook - Ten Bar)
31%
50%17%
24
N. Whites Chapel (Dove - Bob Jones)
33%
17%
50%
25
N. Carroll (Dove - Burney)
33%
12%
4 9 %
26
W. Dove (Shady Oaks - Whites Chapel)
37%
4%
27
N. Peytonville (Dove - Woodbrook)
35%
1%
22%
43%
28
lonesome Dove
21%
27%
7e/,
34%
29
Bob Jones (King - Whites Chapel)
30%a
30
King (Bob Jones • SH 114)
$%
22%
0%
11%
31
Shady Oaks (Dove - Highland)
11 /e
0%
11%
32
Shady Oaks (1709 - Highland)
11%
�
33
S. Kimball (1709 Continental)
0%
7%
10/30/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
STREET PRIORITY - ULTIMATE ROAD TYPE
Road Section
N. Kimball (Highland - Dove)
N. Whites Chapel (1709 - Highland)
E. Continental (Carroll - Brumlow)
S. Whites Chapel (Continental - 1709)
E. Dove (Carroll - Kimball)
N. Kimball (1709 - Highland)
E. Continental (Whites Chapel - Carroll)
N. Carroll (Highland - Dove)
N. Whites Chapel (Highland - Dove)
N. Carroll (1709 - Highland)
E. Dove (Whites Chapel - Carroll)
W. Continental (Davis - Whites Chapel)
S. Carroll (1709 - Continental)
N. Peytonville (Ten Bar - 1709)
W. Dove (Randol Mill - Peytonville)
E. Continental (Brumlow - Kimball)
W. Highland (Shady Oaks - Whites Chap)
S. Peytonville (1709 - Continental)
W. Dove (Peytonville - Shady Oaks)
Brumlow
E. Highland (Carroll - Kimball)
E. Highland (Whites Chapel - Carroll)
N. Peytonville (Woodbrook - Ten Bar)
N. Whites Chapel (Dove - Bob Jones)
N. Carroll (Dove - Burney)
W. Dove (Shady Oaks - Whites Chapel)
N. Peytonville (Dove - Woodbrook)
Lonesome Dove
Bob Jones (King - Whites Chapel)
King (Bob Jones - SH 114)
Shady Oaks (Dove - Highland)
Shady Oaks (1709 - Highland)
S. Kimball (1709 - Continental)
Ultimate Projectec
Road Type
4 lane
5 lane
5 lane
5 lane
5 lane
4 lane Div
5 lane
4 lane
5 lane
5 lane
4 lane Div
5 lane
4 lane
2 lane
2 lane
5 lane
5 lane
2 lane
5 lane
2 lane
4 lane
4 lane
5 lane
2 lane
2 lane
4 lane
4 lane
2 lane
2 lane
2 lane
2 lane
2 lane
4 lane
V/,/f .-3,D
10/30/91
YEAR THAT TRAFFIC COUNT HITS 100 PERCENT CAPACITY
Period Traffic
Capacity % Year
Traffic
Road Section
Over Capacity
That Year Hits
100%
N. Kimball (Highland - Dove)
1991
271%
1991
E. Dove (Carroll - Kimball)
1991
193%
1991
N. Whites Chapel (1709 - Highland)
1991
160%
1991
N. Kimball (1709 - Highland)
1991
152%
1991
E. Continental (Carroll - Brumlow)
1991
144%
1991
S. Whites Chapel (Continental - 1709)
1991
137%
1991
N. Carroll (Highland - Dove)
1991
130%
1991
S. Carroll (1709 - Continental)
1991
99%
1991
E. Continental (Whites Chapel - Carroll)
1991
85%
1991
N. Whites Chapel (Highland - Dove)
1996
174%
1991
E. Dove (Whites Chapel - Carroll)
1996
139%
1992
W. Continental (Davis - Whites Chapel)
1996
127%
1992
N. Carroll (1709 - Highland)
1996
120%
1993
W. Highland (Shady Oaks - Whites Chap)
1996
104%
1994
E. Continental (Brumlow - Kimball)
2001
172%
1997
W. Dove (Randol Mill - Peytonville)
2001
126%
1999
N. Peytonville (Ten Bar - 1709)
2001
124%
1999
S. Peytonville (1709 - Continental)
2001
89%
2000
W. Dove (Peytonville - Shady Oaks)
2010
124%
2008
W. Dove (Shady Oaks - Whites Chapel)
2010
114%
2009
N. Whites Chapel (Dove - Bob Jones)
2010
110%
2009
E. Highland (Carroll - Kimball)
2010
105%
2009
Bob Jones (King - Whites Chapel)
2010
105%
2009
N. Peytonville (Dove - Woodbrook)
Ultimate
87%
2010+
Brumlow
Ultimate
85%
2010+
N. Carroll (Dove - Burney)
Ultimate
84%
2010+
E. Highland (Whites Chapel - Carroll)
Ultimate
65%
2010+
N. Peytonville (Woodbrook - Ten Bar)
Ultimate
38%
2010+
Lonesome Dove
Ultimate
38%
2010+
Shady Oaks (Dove - Highland)
Ultimate
33%
2010+
Shady Oaks (1709 - Highland)
Ultimate
11%
2010+
King (Bob Jones - SH 114)
Ultimate
80/0
2010+
S. Kimball (1709 - Continental)
Ultimate
7%
2010+
Using Cheatham and Associates traffic counts and estimates, the road sections
can be clustered into groups of capacity, then sorted within each group as to
percent capacity in that period. Interpolation is used to determine the latest build
which is the year before the traffic count for that section exceeds 100%.
- 3 1 10/30/91
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PRELIMINARY PROPOSAL OF THE STREET CONSTRUCTION COIrMITTEE
I. Permanent R.O.W. as shown in appendix "A".
II. Interim R.O.W. as shown in appendix "B".
III. Interim paving sections as shown in appendix "C"
A. Section "A" should be used on heavily traveled
streets and on all streets designated as a likely truck
route. Life expectancy is 10 to 20 years with normal
maintenance and use; traffic, weather, soil conditions
could impact the life expectancy. Bar ditches to be
graded, culvert pipe sized and laid to correct grades,
box culverts widened and sized to handle anticipated
run off.
Cost of section "A" is estimated at $ 13.25/
SQ.YD. or $ 32.33/L.F.
B. Section "B " should be used on lightly traveled
streets and truck traffic should be restricted when
possible. Life expectancy is 10 to 15 years with
normal maintenance and use; traffic, weather, soil
condition could impact the life expectancy. Bar
ditches to be graded, culvert pipes sized and laid to
correct grades, box culverts widened and sized to
handle anticipated run off.
Cost of section "B" is estimated at $ 9.65/ SQ.YD.
or $ 23.55/L.F.
These costs do not include R.O.W. purchase, major
excavation, box culvert widening, or extra paving needed for
turning lanes. Prices based on present construction costs.
No inflation factor has been used in cost projections.
��-3 3
10/03/91 08:10 $8176309665 CHEATH.U( & ASSOC
A'Q C.
CITY OF SOUTHLAKE
PROPOSED INTERIM STREET SECTIONS
4" ASPHALT PAVING t2" TYPE 'B` 8 2" TYPE V )
5" CROWN
RC-2 TACKCOAT J0 GAL S.Y.
4
7
�- 6" CEMENT STABILIZED !SUB!r-RADE ( 22 * PER.3 Y.)
22*-On
SECTION A
2." ASPHALT PAVING (HMAC)
MC-1 PRIME COAT '
r-5" CROWN
6r` CEMENT STABILIZED SUBGRADE (22* PER &Y-)
ol
22'-0
SECTION B
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RECOMMENDATIONS OF STREET CONSTRUCTION COMMITTEE
RECOMMENDED COST/
PRIORTY
ROAD SECTION PVMT. TYPE COMPLETE COST
1.
N. KIMBALL (HIGHLAND - DOVE) A 40,000 / 140,000
Northbound left turn lane at Highland, northbound and southbound
turn lanes at Dove. Realign intersection at Dove.
f 2.
N. WHITES CHAPEL (1709 - 114) A 425,000 / 425,000
Recommend construction of entire section to 114. Improve
visibility where East & Westbound streets intersect. Turn lane at
1709.
3.
E. CONTINENTAL (CARROLL - BRUMLOW) A 0 / 0
By County.
4.
S. WHITES CHAPEL (CONTINENTAL - 1709) A 40,000 / 210,000
Recommend realign and left turn lane at 1709 to match N. Whites
Chapel. Clear bar ditches for visiblity at area near Pine.
J 5.
E. DOVE (CARROLL - KIMBALL) A 500,000 / 500,000
Recommend reconstruction, widen culverts and clean bar ditches.
Place stop signs on Lonesome Dove.
6.
N. KIMBALL (1709 HIGHLAND) A 40,000 / 200,000
Maintenance only and widen culverts.
7.
E. CONTINNENTAL (WH CHAPEL - CARROLL) A 125,000 / 125,000
Construct 2" pavement type until Mobil project is finished. Try to
recover some costs from Mobil.
J 8.
N. CARROLL (114 - DOVE) A 450,000 / 575,000
Construct 36' width with continous left turn lane in area of
school. Pavement from 114 to box culvert just north of elementary
school only. This will require major storm sewer and culvert
No construction
construction and possible right of way aquisition.
on remainder of section.
9.
N. WHITES CHAPEL (114 - DOVE) B 0 / 100,000
No action needed at this time.
10.
N. CARROLL (1709 - 114) A 225,000 / 225,000
Construct entire section but section from the area of the post
office and the fire station to 114 to be 36' wide for continous
left turn lane. Realign Carroll at 1709.
11.
E. DOVE (WHITES CHAPEL - CARROLL) A 150,000 / 325,000
No action needed at this time on road except realignment at
Carroll intersection and at Whites Chapel intersection. Need
culvert extensions.
12.
W. CONTINENTAL (DAVIS - WH CHAPEL) A
100,000 / 525,000
No action needed at this time on road. Needs box culvert extensions
and drainage improvements. Caution signing or lights for sight
problems on hills.
13.
S. CARROLL (1709 - CONTINENTAL) A
25,000 / 190,000
Correct drainage problems and grade bar ditches.
14.
N. PEYTONVILLE (1709 - RAVENWOOD) A
0 / 0
To be done by County.
15.
W. DOVE (RANDOL MILL - PEYTONVILLE) B
0 / 80,000
Most of road not in Southlake city limits. City may want to address
safety concerns as street is used by Southlake residents.
16.
E. CONTINENTAL (BRUNLOW - KIMBALL) A
0 / 0
By County.
17.
W. HIGHLAND (SHADY OAKS - WH CHAPEL) B
0 / 100,000
No road work needed at this time. Visibility
problems at Whites
Chapel intersection to be cleaned up by City
maintenance crews.
18.
S. PEYTONVILLE (1709 - CONTINENTAL) A
350,000 / 350,000
Should be moved up on priority list because of
schools. Need three
lanes from 1709 to past high school for continous left turn lane.
Remainder of section to be standard "A" road
section. Clear right
of way of brush and overhanging trees.
19.
W. DOVE (PEYTONVILLE - SHADY OAKS) B
50,000 / 125,000
Widen box culvert.
20.
BRUMLOW A
150,000 / 0
Move up in priority. Rebuild, widening intersection at Continental.
21.
E. HIGHLAND (CARROLL - KIMBALL) B
0 / 130,000
No road work needed at this time.
22.
E. HIGHLAND (WH CHAPEL - CARROLL) B
0 / 130,000
Traffic does not warrant any action at this time.
23. N. PEYTONVILLE (WOODBROOK - TEN BAR) B 0 / 70,000
Traffic does not warrant any action at this time.
24. N. WHITES CHAPEL (DOVE - BOB JONES) B 0 / 285,000
Traffic does not warrant any action at this time.
J 25. N. CARROLL (DOVE - BURNEY) B 125,000 / 125,000
Move up in priority due to existing condition and maintenance
expense.
34
26.
W. DOVE (SHADY OAXKS - WH CHAPEL) B
0 / 60,000
Traffic does not
warrant any action at
this
time.
27.
N. PEYTONVILLE (DOVE - WOODBROOK) B
0 / 140,000
Traffic does warrant any action at this
time.
28.
LONSOME DOVE
Traffic does not
B
warrant any action at
this
0 / 80,000
time.
29.
BOB JONES (KING
- WHITES CHAPEL) B
at
this
0 / 80,000
time.
Traffic does not
warrant any action
30.
KING (BOB JONES
Traffic does not
- SH 114) B
warrant any action at
this
0 / 125,000
time.
31.
SHADY OAKS (DOVE
- HIGHLAND) B
at
this
0 / 125,000
time.
Traffic does not
warrant any action
32.
SHADY OAKS (1709
- HIGHLAND) B
at
this
0 / 140,000
time.
Traffic does not
warrant any action
33.
S. KIMBALL (1709
- CONTINENTAL) B
at
this
0 / 95,000
time.
Traffic does not
warrant any action
TOTAL 21795,000 / 5,7801000
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ROADS TASK FORCE .FINANCIAL
COMMITTEE RECOMMENDATION
The Road Task Force Financial Cornrrittee _ a S4.5 million
bond issue to finance road iruPruvcmcats that �11:
assure improved safely for the ri6-Zem of �1ak�
• anraci businesses to Southlake tint will hXrcLiC tax =venues
pp growth of our commus2irr projectxt
over the ne
10-20
Yeas
I'HY $4.5 MILLION ?
• Issue - Can Southiakc fund road i=:pro cncnts Without
raising hands ( or taxes )? It appesls m1izrr.7, unless we uc
willing to wait to the year 2000. This is based upon a
projection of our current debtthm
posit
• Issue - Should we imnleaxnt short ten ia'ovC= ents --
will last approximately five years anc then cxecnw longer
term improvements that w-M last beta-=n 10-20 years. The
finance committee rcaommends &--I we ;pint the longer
t=m solutions wherever it make, sense- T-nis is because u
is likely that the efforts and expenditure cc the shot term
fixes cannot be leveraged. For CxanPIC: on the street
committee's recommendations, if we implement the
"recommended" approach followed by the "Complete"
approach we would spend somccrhat less than $8,575,000 (
2,795,000 + 5,790,000) but signifi=tly more than the
S5,780,000 we would spend if we j=lem=ted the
• Issue - Should we spend the full $,z.78o,Co01js=d in the
Street Camnuttee Recommmdaron. The Fla=nee Committee
recotnm:ends that we take the "CaaVlcte" a:proach, but put
those strrets where the wafc does not Warrant action at
this time" as projects that will, be done in =ajancuon with
the county or if funds are available z!zcr od= projects are
c=pleted. If stress # 22-24, 26-33 are not sp=fflcally
funded, the street improvement budget would be
approximately S 4.5 millim
16 "�'_ $ee
'+OV 19 '91 16: 19 rCFR0 i *5Y9 7, MS****x*AK)K NG
TAX IMPLICATIONS
P.3/3
• A 54.5 million proe am funded and impleascated over a.5
year period, projected ax a 5% growth rate, and sold at a
7.5% interest raze will add a mAY,urn of $0.0365 to our
current tax rate. Bonds would be sold in $1.5 million
increments every eightcca months. The monthly impact on
an average Southlake houeowncr with a house assessed at
$160,000 would be $4.87 per month.
• It should be noted that Southlake has committed to, but not
Yet sold certificates of obligations for S1.5 million for crab,
gutter and lateral drainage on FM1709 that has not been
included in our debt analysis.
• The table below compares the tax impact of three funding
levels:
G • • J = ••
•
Rates based upon 5% growth in Southlake's taxable
property value, a 7.5% interest rate, with sale of $1.5
Million every 18 months over 5 years. Figures are based
upon an 11192 first sale date.
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f� iSul i WdT>:TO 26. LT wr
City of Southlake, Texas
M E M O R A N D U M
January 22, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 91-72 Zoning Change Request
------------------------------------------------------------------------------
REQUESTED ACTION: Zoning Change Request; 1.008 acres, O.W. Knight Survey,
Abstract No. 899, Tracts 2B3 and 2B3B
LOCATION: Northwest corner of Lilac Lane and Buttercup Road
OWNER/APPLICANT: Billy D. Mitchell
CURRENT ZONING: "AG", Agricultural
REQUESTED ZONING: "SF -IA", Single Family-lA Residential
LAND USE CATEGORY: Low Density Residential
BACKGROUND INFO.: The owner plans to sell the property to another
individual who will make application for a single family
residential building permit.
NO. NOTICES SENT: Six (6)
RESPONSES: None
P & Z ACTION: January 9, 1992; Approved (6-0) the "SF-lA" request
COUNCIL ACTION: January 21, 1992; Approved (6-0), First Reading,
Ordinance 480-64.
Vil-
KPG
7A- I
CITY OF SOUTHLAKE
APPLICATION FOR CHANGE OF ZONING
Submittal Date: IZ 11bIq
Case Number: ZA 9i-i:L Fee: $100.00 Receipt No.
PLEASE TYPE OR PRINT
A. APPLICANT
Name:
Agent: pp
Address: 3o J i �1� a�< crr sfi Dr.
So u f h I a kc TX 1oz
Telephone:
B. PROPERTY DESCRIPTION:
Legal Description:
5� DO
OWNER(S) (if different)
R Ufa 1 RoAe of 3c)x "7 h
C-ctfs bcro
( / ) Property is unplatted according to the County Deed Records
Vol . '-!14 . -; , Page J I It is shown as Tract of the
rJ '`y t- Survey, Abst. No. City
Tax Recordsv
(✓) A metes and bounds description is attached.
( ) Property is platted and described as:
Subdivision Name:
Block , Lot(s)
; Block , Lot(s)
( ) Address of Subject Property:
Property Location:
Acreage:
( ) A typed mailing list of all property owners within 200 feet of
the subject property is attached.
( ) A current survey or plat map is attached.
( ) A concept plan shall be submitted for "CS", "SF-30", "SF-20A",
"SF-20B", "MF-111, "B-111, "B-211, "HC", "S-P-2" zoning requests.
(Required prior to development site plan submittal, but
optional at the time of zoning request for "0-1", "0-2",
"C-1", "C-21', "C-311, "C-4", "I-1", 11I-2" zoning districts.)
( ) A development site plan shall be submitted with zoning requests
in the "MH" and "S-P-1" zoning districts.
7A-2
City of Southlake
Application for Change of Zoning
Page Two
D.
NATURE OF THE REQUEST:
Present Zoning:
Requested Zoning:
QG
5F-rA
Existing Use: Vacant
Reason for Requesting the Change:
AUTHORIZATION BY OWNER(S):
Proposed
Use:
Single
Fame ll
Rcsidcnti
Sell a- Proj.r+j
/
E ainq
Permit
NFkcar.
I (We) hereby authorize the City of Southlake and its employees to
enter upon the premises herein above described at all reasonable times
for the purpose of erecting, maintaining, or removing signs to notify
the public of the pending zoning application and/or public hearing
concerning said application. I (We) release the City of Southlake
and its employees from liability for any damages which may be incurred
to my (our) property in the erecting, maintaining, or removal of said
signs.
I (We) further understand that it is necessary for me (us) to be
present at the Planning and Zoning Commission and City Council public
hearings.
SignatCdre of Owner
Name Typed or Print
E. AUTHORIZATION IF AGENT INVOLVED:
Date
J
owner of the aforementioned
property o hereby certify that I have given my permission to
to act as my agent for this rezoning
request.
Signat6lee of Owner(s) Name Typed or Printed Date
Before me, a Notary Public, on this day personally appeared
Is , ij`„ 10. ft1known to me to be the person whose name
is sub cribed to the foregoing instrument and acknowledged to me that
he or she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of tMMEU��rAWIBiay of
19-4L . * STATE OF TEXAS
NOTARY PUBLIC IN AND FOR TEXAS
My Commission expires the _/� day of �- r. , 19-91-11
7A -3
BEGINNING at an iron rod at the intersection of the North right-of-way
line of Lilac Lane with the West right-of-way line of Buttercup Road
as dedicated on page 817 of Volume 5217 in the Tarrant County Deed
Records and also being the Southeast corner of said 5.2 acre tract and
being about N 890 42' E a distance of 481.31 feet and
S 10 47' 10" E a distance of 453.75 feet from an at the Southeast
corner of Lot 2, SPRING CREEK ACRES, an addition to the City of
Southlake, Tarrant County, Texas according to the plat recorded on
Page 74 of Volume 388-202 in the Tarrant County Plat Records;
THENCE West along the North right-of-way line of said Lilac Lane a
distance of 289.1 feet to an iron rod at the Southeast corner of a
2.33 acre tract as conveyed to Marion Bruce McCombs by deed recorded
on Page 868 of Volume 6667 in the Tarrant county Deed Records;
THENCE N 00 51' 15" W along the East line of said 2.33 acre tract a
distance of 152.5 feet to an iron rod at the Southwest corner of a
1.96 acre tract as conveyed to Richard Garrett, et ux Debra A. Garrett
by deed recorded on Page 616 of Volume 7580 in the Tarrant County Deed
Records;
THENCE East along the South line of said
1.96 acre tract a distance
of 286.62
feet to an iron rod at the
Southeast corner of said
1.96 acre
tract and being in the West
right-of-way
line of said
Buttercup Road;
THENCE S
10 47- 10" E along the West
right-of-way
line of said
Buttercup
Road a distance of 152.56 feet to place
of beginning,
containing
1.008 acres or 43,894 square feet of land.
7A-y-
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74 j I SZLc ` I 7c I 30
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-^ I a
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I
1k ���'. 2.0 I 20 Y 3C2 3C t All 307G1 Sr 3E SO 501 302
3L r i I r03 69Ac. I417AC
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ICI _
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1 I
SURVEY ABST. N4667
.pitit
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1
/ I S• . eE7
70 SAS
/_CONTINENTAL BLVD
.26 2 2A - 2 203, 1201
20a, 2A x !Dc 3p ' 3C
.-_ _ 2A 2
lid I i
TRACT LOCATION MAP
i to".
2 F I 1 733 Ac
2 �>
1i P
-- - 7A -s- . 3C•
Se Ac
TA 2A3 \\\
TR 2A1B 20.0 AC
.97 AC
TR 2A5
6.05 AC
f0Y
San
50
SNS ES
26 co5.
�1• 8Y NO
.0 460 teo
j Garrett, Richard Debra
•J
TR 283C
$ R
McCombs, M.B 1.96 @
TR 28 $ TR 283A $ "AG" $
5.1 AC 2.33 AC
z�
"AG"
'e
3
C
Bear Creek Communities, Inc.
TR 282
20.09 AC
"P.U.D."
Lilac Lane
400
570
0
Bear Creek Communities, Inc.
ar Creek Communities, Inc. Agent: Mobil Oil CorP.
Forman, Donald J. Agent: Mobil Oil Corp.
TR 2C1A TR 2C1
TR 2C2 8.15 AC /
10.18 AC (7.15 AC) (1.0 AC)
<<AGIT "P.U.D." "P.U.D."
1
Jam.
7A-G
oOrr.e ao.s
I TR 8E3 O TRY
CITY OF SO , TEXAS
NCE NO. 480-64
AN ORDINANCE AMENDING ORDINANCE NO. 4 , AS
AMENDED, THE COMPREHENSIVE ZONING ORDI ANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING ZONING
CHANGE ON A CERTAIN TRACT OR T TS OF LAND
WITHIN THE CITY OF SOUTHLAKE, XAS BEING
APPROXIMATELY A 1.008 ACRE TRACT F LAND OUT OF
THE O.W. KNIGHT SURVEY, ABS T CT NO. 899,
TRACTS 2B3 and 2B3B,
AND MORE FULLY AND COMP ETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRI LTURAL TO "SF-lA"
SINGLE FAMILY RESIDENTI DISTRICT SUBJECT TO
THE SPECIFIC REQUIREMEN S CONTAINED IN THIS
ORDINANCE; CORRECTING HE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER ORTIONS OF THE ZONING
ORDINANCE; DETERMI ING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CL SE; PROVIDING FOR A PENALTY
FOR VIOLATIO S HEREOF; PROVIDING A SAVIN99
CLAUSE; PROV DING FOR PUBLICATION IN HE
OFFICIAL NE SPAPER; AND PROVIDING AN EFFECTIVE
WHEREAS, the City of Southlake, ---Texas is a homerule City
acting under its Charter adopted by the electorate pursuant to
Article XI, Secti n 5 of the Texas Constitution and Chapter 9 of
the Texas Local G vernment Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as "AG" Agricultural 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
rw 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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning
Ordinance of the City of Southlake, Texas, passed on the 19th day
of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 1.008 acre tract of land out of the O.W.
Knight Survey, Abstract No. 899, Tracts 2B3 and 2B3B, and more
fully and completely described in Exhibit "A," attached hereto
and incorporated herein.
From "AG" Agricultural to "SF-lA" Single Family-lA Residential
District.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
%-1 o
-3-
Section 7. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake
are expressly saved as to any and all violations of the provisions
of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the
courts.
Section 9. The City Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a 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
form 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
1991.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
11 1991.
MAYOR
ATTEST:
CITY SECRETARY
/ R-// -4-
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
7)9,17,.,
-5-
ORDINANCE NO. 536
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, MAKING IT
UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS, GRASS, OR ANY
PLANT THAT IS NOT REGULARLY CULTIVATED TO GROW TO A
HEIGHT GREATER THAN TWELVE (12) INCHES OR TO PERMIT THE
ACCUMULATION OF RIIBBISH OR OTHER OBJECTIONABLE OR
UNSIGHTLY MATTER UPON ANY REAL PROPERTY WITHIN THE CITY;
DECLARING A PUBLIC NUISANCE; PROVIDING FOR NOTICE OF
VIOLATIONS; PROVIDING FOR REMOVAL AND ABATEMENT BY THE
CITY OF WEEDS, GRASS, BRUSH, PLANTS, RIIBBISH OR OTHER
OBJECTIONABLE OR UNSIGHTLY MATTER AND THE PLACEMENT OF A
PRIVILEGED LIEN ON THE PROPERTY INVOLVED; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
SPECIFICALLY REPEALING ORDINANCE NO. 361; 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 Local Government Code; and
WHEREAS, the City Council of the City of Southlake, Texas has
determined that the existence of grass, weeds, brush or plants
growing in rank profusion and rubbish or other objectionable or
unsightly matter on property within the City of Southlake has an
adverse effect on the public health, safety, and welfare of the
citizens of Southlake and constitutes a public nuisance; and
WHEREAS, the City Council deems it necessary to adopt this
ordinance regulating and abating such public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
slake\weedlien.ord(121391) 'AN-
SECTION 1
DEFINITIONS
For purposes of this ordinance, the word "PERSON" shall
include a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
For purposes of this ordinance, the word "RUBBISH" shall mean
both garbage and trash and shall include all animal and vegetable
matter subject to discard which is generated from within a
household, residence, or business, such as but not limited to
coffee grounds, tin cans, paper bags, boxes, glass, and food
articles generated from within a household, residence, or business,
and additionally, shall include all animal, vegetable, and
inorganic matter subject to discard which is not typically
generated from within a household, residence, or business, such as
shrub and grass clippings, yard cleaning materials, leaves, tree
trimmings, stoves, refrigerators, pieces of metal scrap, feathers,
furniture, dead animals, rocks, shingles, building materials, and
other similar waste.
SECTION 2
It shall be unlawful for any person owning, leasing, claiming,
occupying, or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City, to permit or allow grass, weeds, or
any vegetation not regularly cultivated to grow to a height greater
than twelve (12) inches upon any such real property, or along the
sidewalk or street adjacent to the same between the property line
,, and the curb, or if there is no curb, then to the edge of the
slake\weedlien.ord(121391) _AN-
street, or allow or permit any rubbish or objectionable or
unsightly matter to accumulate or be present upon such property.
Provided, however, for sets of land l ess taf €ive 5 acres
upon which livestock graze, it shall be required only that grass,
weeds, and vegetation not regularly cultivated shall be mowed to a
:Yi>ii: iii:
height of no greater than 12 within 50 feet r,.,,:t.:::,,,,,,jai'.,;p<:_»>:<,;:.;:�:.;..;..;;,,,:_,.,_,_
adjacent to and along any dedicated public street, or within 50
feet of any lot that is occupied by a residence or business. It
shall be a defense to prosecution under this section that the grass
or weeds are located within the right-of-way adjacent to the rear
lot line of a lot zoned and used as single family residential.
SECTION 3
It shall be the duty of any person owning, leasing, claiming,
occupying, or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City to cut, or cause to be cut, and
remove, or cause to be removed, all such grass, weeds, rubbish and
other objectionable or unsightly matter from such property or along
the sidewalk or street adjacent to the same between the property
line and the curb, or if there is no curb, then to the edge of the
street as may be necessary to comply with this Ordinance.
SECTION 4
All grass, weeds, or vegetation not regularly cultivated and
which exceeds twelve (12) inches in height, and all rubbish, shall
be presumed to be objectionable and unsightly, and is hereby
declared a public nuisance.
slake\weedlien.ord(121391) _AN-
` , -.3
SECTION 5
In the event that any person owning any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City fails or refuses to comply with the
provisions of this Ordinance, it shall be the duty of the City to
give ten (10) days notice of the violation to the owner prior to
abating the violation. The notice must be given: (1) personally
to the owner in writing; or (2) by letter addressed to the owner at
the owner's post office address shown on the last approved tax
rolls of the City; or (3) if personal service may not be had as
aforesaid, then by publication at least twice within ten (10)
consecutive days, or by posting the notice on or near the front
door of each building on the property to which the violation
relates, or by posting the notice on a placard attached to a stake
driven into the ground on the property to which the violation
relates, if the property contains no buildings. If such person
fails or refuses to comply with the provisions of this Ordinance
within ten (10) days after the date of notification as provided
above, the City may go upon such property or authorize another to
go upon such property, and do or cause to be done the work
necessary to obtain compliance with this Ordinance, and may charge
the expenses incurred in doing or in having same done, to the owner
of such property as provided hereafter in compliance with Section
342.001, et. sea., Texas Health & Safety Code. The remedy provided
in this section is in addition to the remedy provided for in
Section 11 of this ordinance.
slake\weedH en.ord(121391) "�N"
SECTION 6
The charges provided for in this ordinance shall be levied,
assessed, and collected by the City of Southlake, Texas. A
statement of the cost incurred by the City to abate such nuisance
shall be mailed to the owner of said premises, which statement
shall be paid within thirty (30) days of the date of the mailing
thereof. In the event the owner of said premises upon which work
was done and charges were incurred fails or refuses to pay such
charges and expenses within thirty (30) days after written
notification to pay, the City Council may assess the charges and
expenses incurred against the real estate on which the work was
done whereupon the Mayor shall file with the County Clerk of the
county where the premises are located a statement by the Mayor
setting out the expenses that the City has incurred pursuant to the
provisions of this Ordinance, and the City shall thereby perfect a
privileged lien on the property involved, second only to tax liens
and liens for street improvements, to secure the expense incurred;
together with ten percent (10%) interest per annum from the date
the work was performed or payment therefor was made by the City.
For any such expenditures and interest, as aforesaid, suit may be
instituted and foreclosure had in the name of the City of
Southlake, and the statement so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount expended for
any such work or improvements. The remedy provided by this section
is in addition to the remedy provided by Section it of this
ordinance.
slake\weedlien.ord(121391)/��jN"
r
SECTION 7
Notwithstanding the provisions of Section 5 of this ordinance,
the City shall, prior to filing a complaint in the City Municipal
Court or seeking injunctive or other legal relief, be required to
give notice to any person owning, leasing, claiming, occupying, or
having supervision or control of any property, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the City, of a violation of this Ordinance. Notice shall be given
as set forth in Section 5 of this ordinance. The notice may state
in part that a violation of the Ordinance has occurred, and that,
if the violation is not abated within ten (10) days of the date of
the notice, a complaint will be filed in the City Municipal Court
or injunctive or other legal relief will be sought. For any
property, one notice of violation during any one growing season
shall be sufficient for the City to seek relief pursuant to this
section. For purposes of this ordinance, the growing period shall
be defined as April 1 through October 31 of any given year.
SECTION 8
The abatement regulations as herein established have been made
for the purpose of promoting the health, safety, morals, and the
general welfare of the community.
SECTION 9
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
slakeWeedlien.ord(121391) _AN_
/,.1,4
provisions of such ordinances are hereby repealed. Ordinance No.
361 is hereby repealed in its entirety.
SECTION 10
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 11
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 12
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
No. 361 or any other ordinances affecting the regulation of weeds,
grass, brush, plants, rubbish or other objectionable or unsightly
matter which have accrued at the time of the effective date of this
slake\weedH en.ord(121391) '�N'
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 13
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading of
this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this
ordinance in the official City newspaper one time within ten days
after passage of this ordinance, as required by Section 3.13 of the
Charter of the City of Southlake.
SECTION 14
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 3RD DAY OF
DECEMBER, 1991.
MAYOR
ATTEST:
CITY SECRETARY
slake\weedlien.ord(121391) '"N'
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1 1991.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
slake\weedlien.ord(121391) -�N"
2
CARVAN E. AD104S
OBFxT M. AweoN
U-F
AmEL R. BARRti i
Ltz am ELA./
DAvtD FIELMG
JosEpHm GARRETT
E. GtEw GIDEL
DWAYNE D. Hrrr
BOARD CERTIFIED PERSONAL I.YJIRY TRIAL LAW —
TEXAS BOARD OF LEGAL SPECiA JZATTON
CIVB. TRIAL SPECIALisT—
NATIONAL BOARD OF TRIAL ADVOCACY
FIELDING, BARR= & TAYLOR
ATTORNEYS
8851 HIGHWAY 80 WEST, SLIM 300
FORT WORTH, TEXAS 76116
TELEPHONE (817) 560-0303
FAX (817) 560-3953
Mr. Curtis Hawk
City Manager
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
January 7, 1992
Re: Food Manager Certification Ordinance
Dear Curtis:
SUSAN E. Hvraasw
SUSAN S. JONES
CHxuToPHER H. MaiOY
WAYNE K OLSON
TLW G. SRAu.A•'
J. MARK SI;DDERTH
E. At.cEr TAYwk. JR.
JAMES P. WAGNER
"BOARD CERTIFIED CIVIL APPELLATE LAW —
TEXAS BOARD OF LEGAL SPECIALMATION
TrJAN-8 i��{
OF
Per our telephone conversation last week, please find enclosed
a revised ordinance amending the Food Manager Certification
regulations. This Ordinance leaves Section 4 of Ordinance 409
intact and amends Sections 6 and 16 of the Ordinance in accordance
with the materials we received from the County. Please let me know
if we are on the same wavelength this time.
WKO/lgs
Enclosures
stake\hauk.31
M
Very truly yours,
jj/C
Wayne K. Olson
„' / / ORDINANCE NO. 5-S8
AN ORDINANCE AMENDING ORDINANCE NO. 409, AS AMENDED, BY
REVISING THE REGULATIONS APPLICABLE TO FOOD MANAGER
CERTIFICATION AND THE ISSUANCE OF MULTIPLE PERMITS;
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
-w=c__mzj2-RR: AND -PROVIDING AN EFFECTI
the City of Southlake, Texas home rule 5xty
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the City of Southlake heretofore adopted Ordinance
No. 409, as amended, providing for the regulation of food sales and
inspection and designating the Tarrant County Health Department
Director as the health authority in charge of implementing said
regulations; and
WHEREAS, the City Council now desires to amend said
regulations as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
SECTION 1
That Ordinance No. 409, as amended, of the City of Southlake
is hereby amended by revising Section 6 to read as follows:
SECTION 6 Multiple Permits
A separate permit shall be required for every food
establishment or temporary food establishment with separate and
distinct facilities and operations (as determined by the Health
stake\ord.32 "�”
Department) whether situated in the same building or at separate
locations.
Separate and distinct lounge operations (in a food facility)
will require a separate permit from food operations. However,
multiple lounges on the same floor in the same building and under
the same liquor license will not require separate permit.
SECTION 2
That Ordinance No. 409, as amended, of the City of Southlake
is hereby amended by revising Section 16 to read as follows:
"SECTION 16. Food Manager Certification."
(a) Requirement.
(i) All food establishments handling open food and/or
beverages shall have at least one person employed on site in a
managerial capacity possessing a current food manager certificate
approved by the health department, unless specifically exempted in
this ordinance.
(ii) All establishments with six or more employees that
are required to have certified food managers must have one
certified manager on duty per shift.
(iii) Food manager certification certificates shall be
posted along with the health permit.
(b) Expiration.
(i) Food manager certification is valid for the period
of three (3) years from the date of issuance unless sooner revoked
by the health department.
(ii) Certification must be kept current at all times and
all establishments must maintain compliance with food manager
certification requirements.
slake\ord.32
91�q,-,z
-2-
(c) Revocation.
Repeated violations of the State Food Rules, closure of
the food establishment by the health department, or suspension of
a health permit may constitute cause for immediate revocation of
food manager certification.
(d) Change of Managers.
(i) Termination or transfer of certified managers does
not change the requirements as stated above.
(ii) New managers shall have Food Manager Certification
prior to or immediately following employment or transfer to meet
the requirement.
(e) Chancre of Ownership.
Since food manager certification requirements are
frequently new to new owners, there will be a sixty (60) day grace
period in which to obtain food manager certification following the
date of actual change of ownership.
(f) New Establishments.
New food establishments must be in compliance with food
manager certification requirements prior to issuance of the first
health permit.
(g) Exemptions.
(i) Temporary food establishments.
(ii) Establishments with uncut produce or packaged food
only.
(iii) Convenient storage with fountain drinks, coffee,
and/or popcorn.
( iv) Daycare centers that do not prepare food other than
heating/cooling of pre -packaged items.
G/c1-3
slake\ord.32 -3-
SECTION 3
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 5
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 6
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
slake\ord.32
No. 409 or any other ordinances affecting the regulation of food
establishments, 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 7
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 8
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1991.
MAYOR
ATTEST:
CITY SECRETARY
slake\ord.32 -5- `� GLI
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1991.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
slake\ord.32 -6- Q� J
ORDINANCE NO. 409
AN ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, DESIGNATING THE DIRECTOR OF THE
TARRANT COUNTY HEALTH DEPARTMENT AS ITS
HEALTH AUTHORITY; ADOPTING BY REFERENCE
TEXAS BOARD OF HEALTH "RULES ON FOOD SERVICE
SANITATION" AND "RULES ON RETAIL STORE
SANITATION"; PROVIDING DEFINITIONS;
REQUIRING A PERMIT FOR OPERATION OF A FOOD
SERVICE OPERATION AND APPROVING OTHER
MATTERS RELATED TO SUCH PERMITS; REQUIRING A
FEE FOR ISSUANCE OF PERMIT; REQUIRING REVIEW
OF PLANS OF FOOD SERVICE ESTABLISHMENTS;
REQUIRING FOOD SERVICE MANAGER CERTIFICATION
IN FOOD SANITATION; PROVIDING FOR VIOLATION
AND PENALTY OF FINE OF SUM NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) PER OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
THE REPEAL OF CONFLICTING ORDINANCES: AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1. Designation of Health Authority•
The City of Southlake, Texas designates the Tarrant
County Health Department Director as its health authority for
the purpose of insuring minimum standards of environmental
health and sanitation within the scope of that department's
function.
SECTION 2. State Regulations Adopted.
(a) There is hereby adopted by reference the Texas
Department of Health, Division of Food and Drugs "Rules on Food
Service Sanitation 301.73.11.001-.011" and the "Rules on Retail
Food Store Sanitation 229.231-.239," and "The Texas Food, Drug
and Cosmetic Act" (Art. 4476-5 V.T.C.S.), and "Texas Sanitation
and Health Protection Law" (Art. 4477-1 V.T.C.S.).
(b) A certified copy of each rule manual listed in
Section 2(a) above shall be kept on file in the office of the
City Secretary of the City of Southlake.
SECTION 3. Definitions.
(a) All definitions in "Rules on Food Service
Sanitation" and "Rules on Retail Food Store Sanitation" are
hereby adopted.
0 1 9 1 L/ 1
im
(b) In addition to terms defined in accordance with
Section 3(a) above, the following terms shall have the meanings
herein assigned to them:
Regulatory authority - shall mean representatives of the
Tarrant County Health Department.
Health Department - shall mean the Tarrant County Health
Department.
Service of notice - shall mean a notice provided for in
these rules is properly served when it is delivered to the
holder of the permit or the person in charge, or when it is
sent by registered or certified mail, return receipt requested,
to the last known address of the holder of the permit.
Ownership of business - shall mean the owner or operator
of the business. Each new business owner or operator shall
comply with the current code of the city.
Food establishment - shall mean all places where food or
drink are manufactured, packaged, produced, processed,
transported, stored, sold, commercially prepared, or otherwise
handled, whether offered for sale, given in exchange or given
away for use as food or furnished for human consumption. The
term does not apply to private homes where food is prepared or
served for guest and individual family consumption. The
location of commercially packaged single portion nonpotentially
hazardous snack items and wrapped candy sold over the counter
is excluded.
Child care facility - shall mean a facility keeping more
than twelve (12) unrelated children that provides care,
training, education, custody or supervision for children under
fifteen (15) years of age, who are not related by blood,
marriage or adoption to the owner or operator of the facility,
for all or part of the day, whether or not the facility is
operated for profit or charges for the services it offers.
Nonprofit facilities will be required to make application for a
permit and meet current requirements but are exempt from
payment of the permit fee.
SECTION 4. Food Service Permits.
(a) Permit Required. It shall be unlawful for any
person to operate a food establishment in the City unless such
person possesses a current and valid health permit issued by
the health department.
(b) Posting.
view in a conspicuous
it is issued.
0 1 9 L L/ 2
A valid permit shall be posted in public
place at the food establishment for which
-2-
SECTION 5. Nontransferability; Change of Ownership.
Permits issued under the provisions of this Ordinance are not
transferable. Upon change of ownership of a business the new
owner of the business will be required to meet current
standards as defined in City ordinances and state law before a
permit will be issued.
SECTION 6. Multiple permits. A separate permit shall be
required for every type of food establishment, temporary food
establishment, and child care facility whether situated in the
same building or at a separate location. Lounge operations
located in the same building or on the same floor operating
under the same liquor license will not require a separate
permit.
SECTION 7. Suspension of permit. The health department
may suspend any permit to operate a food establishment if the
operation of the establishment does not comply with the
requirements of this Ordinance or state laws and rules, or the
operation of the food establishment otherwise constitutes an
imminent health hazard. Before a permit is suspended, the
holder of the permit shall be afforded an opportunity for a
hearing within ten (10) days of receipt of a written request
for a hearing. Suspension is effective after a ten (10) day
notice period is given by the health department in the event a
public hearing is not requested. When a permit is suspended,
food service operations shall immediately cease.
SECTION 8. Notification of Right to Hearing. Whenever a
notice of suspension is given, the holder of the permit or the
person in charge shall be notified in writing that an
opportunity for a hearing will be provided. If no written
request for a hearing is filed within ten (10) days, the permit
is suspended. The health department may end the suspension any
time if reasons for suspension no longer exist.
SECTION 9. Revocation of Permit. The health department
may, after providing notice and an opportunity for a hearing,
revoke a permit for serious or repeated violations of any of
the requirements of these rules or for interference with the
health department in the performance of its duties. Prior to
revocation, the health department shall notify the holder of
the permit or the person in charge, in writing of the reason
for which the permit is subject to revocation and that the
permit shall be revoked at the end of the ten (10) days
following service of such notice. Unless a written request for
a hearing is filed with the health department by the holder of
the permit within such ten (10) day period, the revocation of
the permit becomes final.
SECTION 10. Service of Notices. A notice provided for
in these rules is properly served when it is delivered to the
-3-
0 19 1 L / 3
holder, of the permit, license, or certificate, or the person in
charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the
holder of the permit, license, or certificate. A copy of the
notice shall be filed in the records of the regulatory
authority.
SECTION 11. Hearings. The hearings provided for in
these rules shall be conducted by the regulatory authority at a
time and place designated by it. Based upon the recorded
evidence of such hearings, the regulatory authority shall make
a final finding, and shall sustain, modify or rescind any
notice or order considered in the hearing. A written report of
the hearing decision shall be furnished to the holder of the
permit, license, or certificate by the regulatory authority.
SECTION 12. Right of appeal. Any permit holder who
wishes to dispute the decision of a hearing may appeal the
decision to the director of the Tarrant County Health
Department.
SECTION 13. Application after Revocation. Whenever a
revocation of a permit has become final, the holder of the
revoked permit may make written application for a new permit to
the health department.
SECTION 14. Permit fees.
(a) Food establishments - A fee of $100.00 shall be
charged for the issuance of each permit. A renewal fee of
$100.00 shall be due and payable each year thereafter. Fees
are to be paid to the Tarrant County Health Department, 1800
University Drive, Fort Worth, Texas.
(b) Temporary permit fee - A fee of $25.00 for a
temporary health permit shall be required for any food
establishment operating less than fourteen (14) days. Fees are
to be paid to Tarrant County Health Department as provided in
Section 14(a) hereof.
(c) Exemption from fees. Nonprofit facilities shall
be required to make application for a permit hereunder but
shall be exempt from payment of the permit fee.
SECTION 15. Review of Plans.
(a) Submission of Plans. Whenever a food
establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food
establishment, properly prepared plans and specifications for
such construction, remodeling, or conversion shall be submitted
-4-
0 1 9 1 L/ 4
to the health department for review and approval before
construction, remodeling or conversion is begun. The plans and
specifications shall indicate the proposed layout, arrangement,
mechanical plans, and construction materials of work areas, and
the type and model of proposed fixed equipment and facilities.
The health department shall approve the plans and
specifications if they meet the requirements of these rules.
No food establishment shall be constructed, extensively
remodeled, or converted except in accordance with plans and
specifications approved by the health department.
(b) Preoperational Inspection. The health department
shall inspect any food establishment prior to its beginning
operation to determine compliance with approved plans and
specifications and with the requirements of these rules.
SECTION 16. Food Manager Certification.
(a) Requirement for Certification.
(i) All food establishments, except
establishments dealing only in fresh produce and/or
prepackaged potentially nonhazardous food, shall have a
person employed in a managerial capacity possessing a
current food manager's certificate issued by the health
department. A certified manager or person in charge must
be on duty during all hours of operation of any nonexempt
food service establishment employing six (6) or more
employees.
(ii) Upon written application and presentation
of evidence of satisfactory completion of a food
manager's course, equivalent training, or examination as
approved by the director of public health, the health
department shall issue a food manager's certificate valid
for three (3) years from the date of training or
evaluation unless sooner revoked. Suspension or
revocation of an establishment's health permit by the
health department shall constitute cause for revocation
of that manager's certification.
(iii) Whenever the food service operator holding
the certificate terminates employment, is terminated, or
is transferred to another food establishment, the person
owning, operating or managing the food establishment
shall be allowed sixty (60) days from the date of
termination or transfer of the certificate holder to
comply with this section.
(b) Exemptions from certificate recru irement.
Temporary food establishments and persons participating as
volunteer food handlers performing charitable activities for
-5-
0 1 9 1 L/ 5
periods of four (4) days or less may be exempted from the
requirement for a manager's certificate.
SECTION 17. Violations; Penalty.
(a) A person, corporation, partnership or other
association commits an offense hereunder by commission or
omission of any provision of this Ordinance that imposes upon
such person or entity a duty or responsibility.
(b) In addition to prohibiting or requiring certain
conduct on individuals, it is the intent of this Ordinance to
hold a corporation, partnership or other association criminally
responsible for acts or omissions performed by an agent acting
on behalf of the corporation, partnership or other association
and within the scope of his employment.
(c) It shall be unlawful for any natural person,
corporation, partnership or other association to violate any of
the provisions of this Ordinance, and any such natural person,
corporation, partnership or other association which violates a
provision of this Ordinance is guilty of a separate offense for
each day or portion of a day during or on which the violation
is committed, continued or permitted, and each offense is
punishable by a fine not to exceed Two Thousand Dollars
($2,000.00).
SECTION 18. Severability.
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereto any
person or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this
Ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force
and effect.
SECTION 19. Repeal of Conflicting Ordinances.
This Ordinance shall be cumulative of all other
ordinances of the City of Southlake, Texas and shall not repeal
any of the provisions of the said ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance. All ordinances
or parts of ordinances inconsistent or in conflict with the
provisions of this Ordinance are hereby expressly repealed to
the extent of the inconsistency or conflict.
-6-
0 1 9 1 C/ 6
SECTION 20. Effective Date.
This Ordinance shall become effective and be in full
force and effect from and after its passage and publication as
required by law.
PASSED
AND APPROVED ON THE
FIRST READING
BY THE CITY
COUN OF THE CITY OF SOUTHLAKE, TEXAS, ON THIS THE DAY
OF
1988.
PASSED
APPROVED ON SECOND
READING BY THE
ITY COUNCIL
OF E CITY
OF SOUTHLAKE, TEXAS,
ON THIS THE
DAY OF
L'�Gc,CL
1988
D
ATTEST:
1
City Secretary, City o
APPROVED AS TO FORM:
iith 1 ikee
1
City Attorney, City jW 9buthlake
-7-
0 1 9 1 L/ 7
C ti y of $outhlake
ORDINANCE NO. 409
AN ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, DESIGNATING THE DIRECTOR OF THE
TARRANT COUNTY HEALTH DEPARTMENT AS ITS
HEALTH AUTHORITY; ADOPTING BY REFERENCE
TEXAS BOARD OF HEALTH "RULES ON FOOD SERVICE
SANITATION" AND "RULES ON RETAIL STORE
SANITATION"; PROVIDING DEFINITIONS;
REQUIRING A PERMIT FOR OPERATION OF A FOOD
SERVICE OPERATION AND APPROVING OTHER
MATTERS RELATED TO SUCH PERMITS; REQUIRING A
FEE FOR ISSUANCE OF PERMIT; REQUIRING REVIEW
OF PLANS OF FOOD SERVICE ESTABLISHMENTS;
REQUIRING FOOD SERVICE MANAGER CERTIFICATION
IN FOOD SANITATION; PROVIDING FOR VIOLATION
AND PENALTY OF FINE OF SUM NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) PER OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
THE REPEAL OF CONFLICTING ORDINANCES: AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1. Designation of Health Authority.
The City of Southlake, Texas designates the Tarrant
County Health Department Director as its health authority for
the purpose of insuring minimum standards of environmental
health and sanitation within the scope of that department's
function.
SECTION 2. State Regulations Adopted.
(a) There is hereby adopted by reference the Texas
Department of Health, Division of Food and Drugs "Rules on Food
Service Sanitation 301.73.11.001-.011" and the "Rules on Retail
Food Store Sanitation 229.231-.239," and "The Texas Food, Drug
and Cosmetic Act" (Art. 4476-5 V.T.C.S.), and "Texas Sanitation
and Health Protection Law" (Art. 4477-1 V.T.C.S.).
(b) A certified copy of each rule manual listed in
Section 2(a) above shall be kept on file in the office of the
City Secretary of the City of Southlake.
SECTION 3. Definitions.
(a) All definitions in "Rules on Food Service
Sanitation" and "Rules on Retail Food Store Sanitation" are
hereby adopted.
0 1 9 1 L/ 1
(b) In addition to terms defined in accordance with
Section 3(a) above, the following terms shall have the meanings
herein assigned to them:
Regulatory authority - shall mean representatives of the
Tarrant County Health Department.
Health Department - shall mean the Tarrant County Health
Department.
Service of notice - shall mean a notice provided for in
these rules is properly served when it is delivered to the
holder of the permit or the person in charge, or when it is
sent by registered or certified mail, return receipt requested,
to the last known address of the holder of the permit.
Ownership of business - shall mean the owner or operator
of the business. Each new business owner or operator shall
comply with the current code of the city.
Food establishment - shall mean all places where food or
drink are manufactured, packaged, produced, processed,
transported, stored, sold, commercially prepared, or otherwise
handled, whether offered for sale, given in exchange or given
away for use as food or furnished for human consumption. The
term does not apply to private homes where food is prepared or
served for guest and individual family consumption. The
location of commercially packaged single portion nonpotentially
hazardous snack items and wrapped candy sold over the counter
is excluded.
Child care facility - shall mean a facility keeping more
than twelve (12) unrelated children that provides care,
training, education, custody or supervision for children under
fifteen (15) years of age, who are not related by blood,
marriage or adoption to the owner or operator of the facility,
for all or part of the day, whether or not the facility is
operated for profit or charges for the services it offers.
Nonprofit facilities will be required to make application for a
permit and meet current requirements but are exempt from
payment of the permit fee.
SECTION 4. Food Service Permits.
(a) Permit Required. It shall be unlawful for any
person to operate a food establishment in the City unless such
person possesses a current and valid health permit issued by
the health department.
(b) Posting. A valid permit shall be posted in public
view in a conspicuous place at the food establishment for which
it is issued.
-2-
0 1 9 1 L/ 2
IR
SECTION 5. Nontransferability; Change of Ownership.
Permits issued under the provisions of this Ordinance are not
transferable. Upon change of ownership of a business the new
owner of the business will be required to meet current
standards as defined in City ordinances and state law before a
permit will be issued.
SECTION 6. Multiple permits. A separate permit shall be
required for every type of food establishment, temporary food
establishment, and child care facility whether situated in the
same building or at a separate location. Lounge operations
located in the same building or on the same floor operating
under the same liquor license will not require a separate
permit.
SECTION 7. Suspension of permit. The health department
may suspend any permit to operate a food establishment if the
operation of the establishment does not comply with the
requirements of this Ordinance or state laws and rules, or the
operation of the food establishment otherwise constitutes an
imminent health hazard. Before a permit is suspended, the
holder of the permit shall be afforded an opportunity for a
hearing within ten (10) days of receipt of a written request
for a hearing. Suspension is effective after a ten (10) day
notice period is given by the health department in the event a
public hearing is not requested. When a permit is suspended,
food service operations shall immediately cease.
SECTION 8. Notification of Right to Hearing. Whenever a
notice of suspension is given, the holder of the permit or the
person in charge shall be notified in writing that an
opportunity for a hearing will be provided. If no written
request for a hearing is filed within ten (10) days, the permit
is suspended. The health department may end the suspension any
time if reasons for suspension no longer exist.
SECTION 9. Revocation of Permit. The health department
may, after providing notice and an opportunity for a hearing,
revoke a permit for serious or repeated violations of any of
the requirements of these rules or for interference with the
health department in the performance of its duties. Prior to
revocation, the health department shall notify the holder of
the permit or the person in charge, in writing of the reason
for which the permit is subject to revocation and that the
permit shall be revoked at the end of the ten (10) days
following service of such notice. Unless a written request for
a hearing is filed with the health department by the holder of
the permit within such ten (10) day period, the revocation of
the permit becomes final.
SECTION 10. Service of Notices. A notice provided for
in these rules is properly served when it is delivered to the
0 1 9 1 L/ 3
-3-
holder. of the permit, license, or certificate, or the person in
charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the
holder of the permit, license, or certificate. A copy of the
notice shall be filed in the records of the regulatory
authority.
SECTION 11. Hearings. The hearings provided for in
these rules shall be conducted by the regulatory authority at a
time and place designated by it. Based upon the recorded
evidence of such hearings, the regulatory authority shall make
a final finding, and shall sustain, modify or rescind any
notice or order considered in the hearing. A written report of
the hearing decision shall be furnished to the holder of the
permit, license, or certificate by the regulatory authority.
SECTION 12. Right of appeal. Any permit holder who
wishes to dispute the decision of a hearing may appeal the
decision to the director of the Tarrant County Health
Department.
SECTION 13. Application after Revocation. Whenever a
revocation of a permit has become final, the holder of the
revoked permit may make written application for a new permit to
the health department.
SECTION 14. Permit fees.
(a) Food establishments - A fee of $100.00 shall be
charged for the issuance of each permit. A renewal fee of
$100.00 shall be due and payable each year thereafter. Fees
are to be paid to the Tarrant County Health Department, 1800
University Drive, Fort Worth, Texas.
(b) Temporary permit fee - A fee of $25.00 for a
temporary health permit shall be required for any food
establishment operating less than fourteen (14) days. Fees are
to be paid to Tarrant County Health Department as provided in
Section 14(a) hereof.
(c) Exemption from fees. Nonprofit facilities shall
be required to make application for a permit hereunder but
shall be exempt from payment of the permit fee.
SECTION 15. Review of Plans.
(a) Submission of Plans. Whenever a food
establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food
establishment, properly prepared plans and specifications for
such construction, remodeling, or conversion shall be submitted
-4-
0 1 9 1 L/ 4
to the health department for review and approval before
construction, remodeling or conversion is begun. The plans and
specifications shall indicate the proposed layout, arrangement,
mechanical plans, and construction materials of work areas, and
the type and model of proposed fixed equipment and facilities.
The health department shall approve the plans and
specifications if they meet the requirements of these rules.
No food establishment shall be constructed, extensively
remodeled, or converted except in accordance with plans and
specifications approved by the health department.
(b) Preoperational Inspection. The health department
shall inspect any food establishment prior to its beginning
operation to determine compliance with approved plans and
specifications and with the requirements of these rules.
SECTION 16. Food Manager Certification.
(a) Requirement for Certification.
(i) All food establishments, except
establishments dealing only in fresh produce and/or
prepackaged potentially nonhazardous food, shall have a
person employed in a managerial capacity possessing a
current food manager's certificate issued by the health
department. A certified manager or person in charge must
be on duty during all hours of operation of any nonexempt
food service establishment employing six (6) or more
employees.
(ii) Upon written application and presentation
of evidence of satisfactory completion of a food
manager's course, equivalent training, or examination as
approved by the director of public health, the health
department shall issue a food manager's certificate valid
for three (3) years from the date of training or
evaluation unless sooner revoked. Suspension or
revocation of an establishment's health permit by the
health department shall constitute cause for revocation
of that manager's certification.
(iii) Whenever the food service operator holding
the certificate terminates employment, is terminated, or
is transferred to another food establishment, the person
owning, operating or managing the food establishment
shall be allowed sixty (60) days from the date of
termination or transfer of the certificate holder to
comply with this section.
(b) Exemptions from certificate requirement.
Temporary food establishments and persons participating as
volunteer food handlers performing charitable activities for
-5-
0 1 9 1 L/ 5
periods of four (4) days or less may be exempted from the
requirement for a manager's certificate.
SECTION 17. Violations; Penalty.
(a) A person, corporation, partnership or other
association commits an offense hereunder by commission or
omission of any provision of this Ordinance that imposes upon
such person or entity a duty or responsibility.
(b) In addition to prohibiting or requiring certain
conduct on individuals, it is the intent of this Ordinance to
hold a corporation, partnership or other association criminally
responsible for acts or omissions performed by an agent acting
on behalf of the corporation, partnership or other association
and within the scope of his employment.
(c) It shall be unlawful for any natural person,
corporation, partnership or other association to violate any of
the provisions of this Ordinance, and any such natural person,
corporation, partnership or other association which violates a
provision of this Ordinance is guilty of a separate offense for
each day or portion of a day during or on which the violation
is committed, continued or permitted, and each offense is
punishable by a fine not to exceed Two Thousand Dollars
($2,000.00).
SECTION 18. Severability.
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereto any
person or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this
Ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force
and effect.
SECTION 19. Repeal of Conflicting Ordinances.
This Ordinance shall be cumulative of all other
ordinances of the City of Southlake, Texas and shall not repeal
any of the provisions of the said ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance. All ordinances
or parts of ordinances inconsistent or in conflict with the
provisions of this Ordinance are hereby expressly repealed to
the extent of the inconsistency or conflict.
-6-
0 1 9 1 L/ 6
SECTION 20.
Effective Date.
This Ordinance shall become
effective and
be in full
force
and effect
from and after its
passage and publication as
required by law.
PASSED AND
APPROVED ON THE
FIRST READING
BY THE CITY
COUN
OF THE CITY OF SOUTHLAKE , TEXAS, ON THIS THE 1.� DAY
OF
1988.
PASSED
APPROVED ON SECOND
READING BY THE
,ITY COUNCIL
OF
E CITY OF
SOUTHLAKE, TEXAS,
ON THIS THE
DAY OF
L''i Gt.CL
1988
r
/?
A=tovd:
ATTEST:
I 7
ty Secretary, City o
APPROVED AS TO FORM:
z �' 10
City Attorney, City X Authlake
-7-
0 1 9 1 L/ 7
City -o
City of Southlake, Texas
M E M O R A N D U M
January 31, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Masonry Ordinances Revision
Attached please find a proposed revision to the masonry
ordinances repealing Ordinance Nos. 311 and 415. This
revision attempts to clarify the existing provisions, update
the names of applicable zoning districts, and revise certain
administrative functions in the approval process.
The following are the specific proposed changes by section:
Section 1 (A): Updated zoning districts nomenclature and
added the "B-1" district.
Section 1 (B): Added "B-2" zoning district.
P & Z recommended deleting the reference to
"planned industrial parks". They felt that
all industrial buildings should comply with
the 80% masonry requirement along any public
R.O.W.
Section 1 (C): Added the "S-P-1" and "S-P-2" zoning
districts.
Section 1 (D):
Added Specific Use Permits.
Section 1 (E):
Added State Highway No. 26.
P & Z recommended decreasing the 500'
requirement to 300' along S.H. 26, F.M. 1709,
and F.M. 1938. They felt that the 500'
requirement was appropriate along S.H. 114.
Section 2:
Added definitions of residential and
nonresidential structures and planned
industrial park for clarity.
The P & Z deleted the definition of "planned
industrial park".
Section 3:
Added "and after a public hearing" for
clarity.
Changed the number of votes needed for
approval from three -fourths to a majority of
those City Councilpersons present and voting.
Ya-I
lily/ UI JUU II Ila RC, 1 UACIa
Curtis E. Hawk, City Manager
January 27, 1992
Page Two
Section 4: Changed the notice responsibility to the
Zoning Administrator's office.
Established that the property owners' notice
should be received no later that ten (10) days
prior to the public hearing. (This procedure
is the same process established for zoning
changes with the exception that no sign would
be placed.)
Section 5: Revised the application fee to be in line
with similar requests. (It is anticipated
that a review of all development fees will be
presented in the near future.)
Section 6: Revised this section on nonconforming
structures per language in Section 6 of the
City's zoning ordinance.
Sections 7-10/13: Revised the standard legal language per
the zoning ordinance.
Sections 11 & 12: Added publication requirements.
The current masonry ordinances (No. 311 and 415) are attached
for your reference.
On January 23, 1992, the P & Z recommended approval (6-0)
with the noted changes. Please place the first reading of
Ordinance No. 557 on the Council's agenda for February 4,
1992.
City Attorney Olson reviewed the draft presented at the P & Z
meeting and "made a few changes to the form of the ordinance
but nothing of substance. He questioned whether the masonry
requirements should be made applicable to all structures
because the definition of "structure" in the zoning ordinance
includes fences, walls, poster panels and other similar
objects.
tY�
KPG
Attachments: Ordinance No. 557
Ordinance Nos. 311 and 415
FIELDING. EPP.PETT T`L: 317-560-3953
Jan 31.92 11:11 No.001 P.
ORDINANCE NO. 557
AN ORDINANCE ADOPTING NEW REQUIREMENTS FOR
MASONRY CONSTRUCTION OF EXTERIOR WALLS OF
BUILDINGS AND STRUCTURES WITHIN THE CITY OF
SOUTHLAKE; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A VARIANCE PROCEDURE; PROVIDING FOR NOTICE
REQUIREMENTS; PROVIDING FOR AN APPLICATION FEE;
PROVIDING FOR NONCONFORMING STRUCTURES;
PROVIDING A PENALTY FOR VIOLATIONS OF THIS
ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING3 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 heretofore
adopted ordinance No. 3111, as amended by ordinance No. 415,
providing for requirements and standards for masonry construction
of exterior walls for certain structures which are located within
the City of Southlake, Texas; and
WHEREAS, the City Council considers it desirable and in the
best interest of the public health, safety, morals and general
welfare of the citizens of the City to amend said Ordinances to
provide for the proper construction of structures as provided
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1. EXTERIOR MASONRY CONSTRUCTION REQUIREMENTS
a. Buildings requiring masonry on all sides: All buildings
and structures constructed on property zoned 0-1, 0-2,
C-1, C-2, C-3, C-41 B-1 or CS under the City's
Comprehensive Zoning Ordinance and all buildings and
structures within any residential zoning district which
are used for community facility uses shall have all
exterior walls constructed using a masonry material
covering at least eighty percent (80%) of said walls,
exclusive of all windows, doors, roofs, glass
construction materials, or sidewalk and walk -way covers.
b. Buildings requiring masonry along street frontage only:
All buildings and structures constructed on property
zoned B-2, I-1 or 1-2 under the City's Comprehensive
sl�masonry_ord O 3
FIELDING, BARRETT TEL: 31 5h0.-3953
Jan 31,92 11:11 No.00i F.04
Zoning Ordinance shall be
materials, wood, glass, or
galvanized finish); provided,
fronting on any street shall
materials or glass, covering
(80%) of said wall, exclusive
constructed of masonry
decorative metal (non -
however, any exterior wall
be constructed of masonry
at least eighty percent
of all doors.
C. Buildings in P.U.D. S-P-1 and S-P-2 districts: All
buildings and structures located on property zoned
P.U.D., S-P-1 or S-P-2 under the City's Comprehensive
Zoning Ordinance shall be required to comply with the
masonry standards applicable to the most restrictive
district in which the use is permitted.
d. Special exception use and specific use permits: Any
building or structure located in a zoning district which
has been granted a Special Exception Use Permit or
Specific Use Permit in accordance with the eity's
Comprehensive Zoning Ordinance shall be required to
comply with the masonry standards applicable to the most
restrictive district in which the use is permitted.
e. State highways and F.M. roads: With the exception of
barns and storage buildings in the "AG" zoning district,
all nonresidential buildings and structures located
within 500 feet of the R.O.W. line along State Highway
No. 1.14 and within 300 feet of the R.O.W. line along
State Highway No. 26, Farm -to -Market Road 1709 and Farm -
to -Market Road 1938 shall have at least eighty percent
(80*) of all exterior walls, excluding doors, constructed
of masonry materials or glass.
SECTION 2. DEFINITIONS:
Masonry materials shall mean and include brick, stucco,
cement, concrete tilt wall, stone, rock, or other masonry or
materials of equal characteristics.
Residential structures shall mean those structures utilized
for a single family, two-family, and multiple family dwelling,
and related accessory uses as described in the City's
Comprehensive Zoning Ordinance.
Nonresidential structures shall be those structures utilized
for any use other than a single family, two-family, and
multiple family dwelling, and related accessory uses as
described in the City's Comprehensive Zoning Ordinance.
SECTION 3. VARIANCE
The City Council, upon application duly filed by the applicant
and after a public hearing, may grant a variance from the
terms of this ordinance and the requirements set forth herein
upon an affirmative vote of a majority of the city Council
sl\msonry.ord S B - 4
FIELDING , BN'FETT -; L I ,_� ,
l _r.)-_--1 _pan �1,9 11 11 No.001
members present and voting on such variance. The application
for a variance shall set forth in specific language the
grounds or reasons upon which such variance request is being
made.
In granting any variance, the City council shall determine
that a literal enforcement of the regulations will create an
unnecessary hardship or a practical difficulty on the
applicant, that the situation causing the unnecessary hardship
or practical difficulty is unique to the affected property and
is not self-imposed, that the variance will not injure and
will be wholly compatible with the use and permitted
development of adjacent properties, and that the granting of
the variance will be in harmony with the spirit and purpose
of this ordinance.
The terms and conditions of the variance, if granted, shall
be noted by minute order. In the event that a variance
application is denied by the City Council, no other variance
of like kind shall be considered or acted upon by the City
council upon the same structure or proposed structure for a
period of six (6) months subsequent to said denial.
SECTION 4. NOTICE REQUIREMENTS
Upon application being made for a variance under Section 3
above, the Zoning Administrator's office shall cause notices
to be mailed by United States mail, return receipt requested,
not less than ten (10) days prior to the public hearing, to
all property owners (as their ownership appears in the most
current tax rolls for the City of Southlake) whose property
is located within 200 feet of any portion of the boundaries
of the property for which the variance has been requested.
In addition, such notice shall be published at least fifteen
(15) days prior to the public hearing in the official
newspaper of the City of Southlake.
SECTION 5. APPLICATION FEE
At the tine the variance application is filed with the Zoning
Administrator's office, the applicant shall pay a fee of
$100.00 to defray the costs of handling and processing the
application and this fee shall not be refundable regardless
of the disposition of the application.
SECTION 6. NONCONFORMING STRUCTURES
Where a lawful structure exists at the effective date of
adoption or amendment of this ordinance and said structure
could not be built under the terms of this ordinance, it may
continue so long as it remains lawful, subject to the
following provisions:
si%masonry.ord 0 �- s
FIELDING. BAIFETT TEL: S1T'-560-3953 Jan 31.92 11:11 No.001 F.0
a. Such structure may not be enlarged in a way which
increases its nonconformity unless the enlargement is in
conformity with the provisions of this ordinance;
b. The exterior walls of such structure may not be modified,
altered, or enlarged in a way which increases its
nonconformity unless the modification, alteration, or
enlargement is in conformity with the provisions of this
ordinance;
C. Should such structure be destroyed by any means to an
extent of more than fifty percent (50%) of its
replacement cost at the time of destruction, it shall not
be reconstructed except in conformity with the provisions
of this ordinance.
d. Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the
regulations of the district in which it is located after
it is moved.
SECTION 7. PENALTIES AND INJUNCTION
PENALTIES - Any person, firm or corporation who violates,
disobeys, omits, neglects, or refuses to comply with, or who
resists in the enforcement of any of the provisions of this
ordinance, shall be fined not more than $2,000.00 for each
offense. Each day that a violation exists shall constitute
a separate offense. The penalty should not be construed as
exclusive, and the City hereby provides that any other remedy
available to it, in law or in equity, is not intended to be,
and is not, foreclosed by the provision of such penalty.
INJUNCTION - The City shall have and retain the right for
injunctive relief against any person, firm or corporation who
is in the process of or about to violate any section,
paragraph, or part of this ordinance. Such right for
injunctive relief shall exist independent of the other penalty
provisions of this ordinance and not in lieu thereof. The
right of injunctive relief is essential to the City in order
that it may maintain an orderly and properly planned control
over all nonresidential structures thus protecting the health,
morals, safety and well being of the citizens and halting any
attempt by any person, firm or corporation to inflict
temporary or permanent injury on the general public by a
failure to comply with the terms of this ordinance.
SECTION 8. SAVINGS CLAUSE
All rights or remedies of the City of Southlake, Texas, are
expressly saved as to any and all violations of Ordinance Nos.
311 and 415, or of any masonry ordinance or building codes
adopted by the City of Southlake, Texas, that have accrued at
the time of the effective date of this masonry ordinance; and
sl\mesonry.ord O Q -!
FIELDING, BPRRETT TEL: 81 7-560-7955 ?an 31,92 11 : 11 Plo . 001 P
all existing violations of previous masonry ordinances or
building codes which would otherwise become nonconforming
structures under this ordinance, shall not become legal
nonconforming structures under this ordinance but shall be
considered as violation of this ordinance in the same manner
that they were violations of prior masonry ordinances of the
City of Southlake, Texas.
SECTION 9. CUMULATIVE CLAUSE:
This ordinance shall be cumulative of all provisions of the
ordinances of the City of Southlake, Texas, except where the
Provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed. Ordinance
Nos. 311 and 415 are hereby repealed.
SECTION 10. SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections
of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without
the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11. PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance
provides for the imposition of any penalty, fine or forfeiture
for any violation of any of its provisions, then the City
Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten days after passage
of this ordinance, as required by Section 3.13 of the Charter
of the City of Southlake.
SECTION 12. 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.
S L V-Sonry. ord U Q _1
FIELDING, BARRETT TEL: 817-560-3953 Jan 31,92 11:11 No.001 P.0
PASSED AND APPROVED ON FIRST READING; ON THIS DAY OF
1992.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
o 1992.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
W \mosonry.ord
YB -g
sl\masanry.ord
C. Planned industrial parks: All buildings and
structures located within a planned industrial
park shall be exempted from the requirements of
paragraph B, unless the structure is within 1,000
feet of any property zoned in a residential
category, excluding "AG", Agricultural District,
��. or shown on the City's Land Use Plan as proposed
for residential zoning, at such time it shall
comply with the masonry construction requirements
set forth paragraph B without regard to the
location of such buildings or structures within a
planned industrial park.
Planned industrial park shall be a compatible
combination of land uses which has been zoned and
platted in accordance with the City's
comprehensive zoning ordinance and subdivision
ordinance, and all amendments thereof, and shall
be operated as integral land use units, either by
a single owner or a combination of owners. It is
intended that these developments have limited
access and lot frontage on arterial or collector
streets and that the majority of the lots be
accessed by internal streets.
ORDINANCE NO. 415
AN ORDINANCE AMENDING ORDINANCE
NO. 311
REGARDING REQUIREMENTS FOR
MASONRY
CONSTRUCTION OF EXTERIOR WALLS OF
STRUCTURES
TO BE LOCATED WITHIN THE CITY OF
SOUTHLAKE,
TEXAS; PROVIDING A PENALTY OF NOT
MORE THAN
TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH
OFFENSE AND DECLARING THAT A
SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION
OCCURS OR
CONTINUES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Southlake,- Texas
(the "City"), considers it desirable and in the best interests
of the public health, safety, morals and general welfare of the
citizens of the City, to amend the City's existing Ordinance
No. 311 with respect to the requirements established therein
for masonry construction of exterior walls of structures to be
located within the City, and with respect to the penalty
assessed for a violation of such ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That Ordinance No. 311 of the City, passed
and approved on June 4, 1985, as originally adopted, .be and the
same is hereby amended and changed in the following particulars:
A. Section 1 relating to exterior masonry
construction requirements shall be amended to read as follows:
"All structures constructed within the city limits
of the City of Southlake, Texas, except as otherwise
exempted or grandfathered herein, shall comply with the
minimum standards of construction with respect to the use
of Masonry Materials on exterior walls, as set forth
below:
(a) All buildings and structures
located in the zoning districts 0-1, 0-2,
R-1, R-2 and CS shall have at least eighty
(80) percent of the total exterior walls,
excluding doors, constructed of Masonry
Materials or glass.
0 1 4 S a/ 7 0
(b) With the exception of those
buildings and structures located within a
(W planned industrial park which has been
platted as such in accordance with the
City's basic Comprehensive Zoning Ordinance
(Ord. No. 334, as amended) and the City's
Subdivision Ordinance (Ord. No. 160-A, as
amended), all buildings and structures
located in the zoning districts I-1 and I-2
shall have at least eighty (s0) percent of
the exterior walls fronting any street,
excluding doors, constructed of Masonry
Materials or glass, and the remaining walls
or portions of walls shall be constructed
of Masonry Materials, wood, glass or
decorative metal (other than metal with a
galvanized finish). Notwithstanding the
exception for planned industrial parks from
the masonry requirements as set forth in
this paragraph, all buildings and
structures located within 1,000 feet of a
district which has been zoned for
residential purposes (excluding AG zoning
districts) or which is shown on the City's
"Master Plan" as proposed for residential
zoning, shall comply with the masonry
construction requirements set forth in this
paragraph without regard to the location of
such buildings or structures within a
planned industrial park.
(c) All buildings and structures
located in zoning districts designated as
"PUD Districts" shall be required to comply
with the minimum standards set forth in
paragraphs (a) and (b) above, as applicable
to the designated use of such district.
(d) Any building or structure
located in a zoning district which has been
granted a "Special Exception" in accordance
with the City's Zoning Ordinance, shall be
required to comply with the minimum
standards set forth in paragraphs (a) and
(b) above, as applicable to the designated
use of such district.
(e) Notwithstanding any requirement
set forth in paragraphs (a) through (d) to
the contrary, except for barns and storage
buildings in an AG zoning district, all
buildings and structures located along
( State Highway 114, Farm -to -Market Road
0 1 4 S a/ 7 1
AL
1709, and Farm -to -Market Road 1938, any
t_ portion of which is not more than 500 feet
from the right-of-way line of such highway
or road, shall have at least eighty (80)
percent of the total exterior walls,
excluding doors, constructed of Masonry
Materials or glass."
B. Section 2 relating to the definition of
"Masonry Materials" shall be amended to read as follows:
Section 2. Definition of "Masonry
Materials." The term Masonry Materials shall mean
and include brick, stucco, cement, concrete tilt
wall, stone, rock, or other masonry or materials
of equal characteristics."
C. Section 10 relating to the penalty for
violation of the provisions of Ordinance No. 311 shall
be amended to read as follows:
"Any person violating any of the provisions
of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars
($2,000.00). A separate offense shall be deemed
(, committed upon each day during or on which a
violation occurs or continues."
Section 3. This ordinance shall be cumulative of all
other ordinances of the City 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 4. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstances is held
invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance; and the City Council
hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
Section 5. This ordinance shall become effective
immediately from and after its final passage and approval by
the City Council.
0 1• S a/ 1 2
PASSED AND APPROVED ON FIRST READING by the City Council
of ity of Southlake, Texas this the / day
2E&�" of"— , 1988.
APPROVED AS TO FORM:
City Attorney,
City of Southlake, Texas
0 1 4 5 a/ 7 3
ORDINANCE NO. 311
An Ordinance establishing requirements
for masonry construction of exterior
walls of all structures to be located in
certain zoning districts of the City of
Southlake, Texas; amending any building or
construction ordinances or codes of the
City of Southlake, Texas to adopt such
standards for construction of exterior
walls with masonry materials; defining
masonry materials and products; providing
for a variance procedure; providing for
exemptions; providing a grandfather
clause; providing a savings clause;
providing a repealer clause; providing for
a penalty; providing for injunctive
relief; providing for an effective date;
and providing for publication.
Whereas, the City Council for the City of Southlake, Texas,
deems it desirable and in the best interest of such City to amend
the building ordinances and codes of the City of Southlake to
establish certain requirements for exterior masonry construction of
all structures located within certain zoning districts of Southlake.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. Exterior Masonry Construction Requirements. All
structures constructed within the city limits of the City of
Southlake, Texas, within the zoning districts designated as
Neighborhood Service Community Commercial District ("NSCC"), Light
Commercial ("L"), Heavy Commercial District ("H"), and Light
Industrial District ("LI"), after the passage and effective date of
this ordinance and after publication, and except as otherwise
exempted or grandfathered herein, shall have all exterior walls of
96-14
such structure constructed using a masonry material so as to cover
One Hundred Per Cent (100%) of all such exterior walls, exclusive of
all windows, doors, roofs, glass construction materials, or sidewalk
and walk -way covers, with such masonry material.
Section 2. Definition of "Masonry Materials and Products". The
term Masonry Materials shall mean and include brick, stucco, cement,
concrete tilt wall, stone or rock.
Section 3. Variance. The City Council, upon application duly
filed, may allow a variance from the terms of this Ordinance and the
requirements set forth herein upon an affirmative vote of three-
forths (3/4) of the City Council members present and voting to grant
such variance. The application for a variance shall set forth in
specific language the grounds or reasons upon which such variance
request is being made. The variance, if granted, shall be in
writing, signed by the Mayor, and shall set forth the grounds or
reasons upon which the variance was approved. In the event that a
variance application is rejected by the City Council, no other
variance shall be considered or acted upon by the City Council upon
the same structure or proposed structure for a period of less than
six (6) months subsequent to the said denial.
Section 4. Notice Requirements. Upon application being made
for a variance under Section 3 above, the City Secretary or City
Administrator shall cause notices to be mailed by United States mail,
return receipt requested, to all property owners of record according
to the most current tax rolls for the City of Southlake, of all
�. property located within 200 feet of any portion of the boundaries of
the property for which the variance has been requested, notifying
9 6-15
�. such owners of the request for variance and providing notice that
such owner may appear at the City Council meeting at which the
application for variance is to be heard to speak either for or
against such application or that such property owner may respond in
writing to such notice. The City Secretary shall also cause to be
published in the official newspaper for the City, a notice stating
that an application for a variance has been filed, identifying the
property affected, and specifying the date that a hearing on such
application is to occur. Such notice shall be published at least 15
days prior to the City Council meeting at which the variance will be
considered.
Section 5. Application Fee. At such time that an application
for variance is filed, the applicant shall pay a fee in an amount of
$250.00 to defray the costs of handling and processing the said
application; which fee shall not be refundable regardless of the
disposition of the application.
Section 6. Exemptions. This ordinance shall not apply to any
structure for which a building permit application has been filed with
the City of Southlake as of 5:00 o'clock P.M. June 21, 1985.
Section 7. Grandfather Clause. This ordinance, and the
requirements set forth and established herein shall not apply to any
structure existing within the City of Southlake on the effective date
of this ordinance so as to require any modification or alteration of
any exterior wall thereof nor shall this ordinance apply to any
repairs made to any exterior walls of any such structure. This
rr p;ovision shall not allow any exterior walls of any structure to be
modified, altered, or enlarged without complying with the
requirements established in this ordinance except upon a variance
duly applied for and thereafter granted by the City Council pursuant
to Section 3 of this ordinance.
Section 8. Amendment and Repeal of Existing Ordinances. Upon
passage of this ordinance and publication as required by the statutes
of the State of Texas, this ordinance and the requirements
establizhed herein shall be deemed to supersede and amend any
standards or requirements contained in any other ordinance or
building code of the City of Southlake, Texas, and insofar as any
such provision of any existing ordinance or building code of
Southlake, Texas, is in conflict with any provision of this
ordinance, such conflicting provision of such existing ordinance or
building is repealed and replaced by the provisions of this
ordinance.
Section 9. Injunctive Relief. Notwithstanding any penalty
provided by this ordinance for violation of the requirements and
provisions hereof, the City Council, upon a majority vote of those
present and voting, shall have the authority to instruct the City
Attorney for the City of Southlake to proceed to obtain injunctive
relief against any person or entity in violation of any provision of
this ordinance.
Section 10. Penalty. Any person, firm, corporation or entity
violating any provision of this ordinance shall be guilty of a class
"C" misdemeanor and upon conviction of each violation shall be
assessed a fine of not less than $25.00 and not more than $200.00.
Each day that a violation of any provision of this ordinance occurs
shall be a separate violation and offense under this ordinance.
Section 11. Repealer. This ordinance shall not repeal any
existing ordinance; rule or resolution of the City of Southlake,
Texas, in effect on the date of its passage, but in the event of a
conflict between any such ordinance, rule or resolution this said
ordinance and the terms and provisions contained herein shall
control.
Section 12. Effective Date. This ordinance shall be in full
force and effect from and after the later of June 22, 1985 or the
compliance with any requirements by the statues of the State of Texas
for publication of this ordinance.
Section 13. Savings Clause. If any section, clause or
provision of this ordinance should be declared by a Court of
competent jurisdiction to be invalid, or unconstitutional, the same
shall not affect the validity of this ordinance as a whole or any
part thereof, other than the part so declared to be invalid or
unconstitutional.
Passed and adopted this day of `)f /-����� , 1985
by a vote of L ayes, L", nayyf6nd abstain.
Att st: /
Sandra LeGrand,
City Sec r tary
Appro
Li
William H. Smitl
City Attorney
I
O//Later/Jr. ,
F14
[A
N
To:
From:
Re:
City of Southlake, Texas
M E M O R A N D U M
January 31, 1992
Curtis E. Hawk, City Manager
Michael H. Barnes, P.E., Public Works Director
Amend Trophy Club MUD 11 Contract
Attached is the amended contract between Trophy Club MUD #1 (MUD)
and the City of Southlake. The amended contract with MUD that was
approved in May 1991 by the Council was written specifically to
serve the IBM project with water and sewer services.
The amended contract allows the City to serve Southlake residents
with water and sewer services along T.W. King Road with the
approval for water services from Fort Worth and sewer services from
MUD.
Item 6 of the contract was revised from the original contract to
allow normal domestic wastewater users to connect to MUD's
collection system without metering, provided that the customer also
receives treated water from MUD. Any commercial users will be
required to install a holding tank so that the wastewater can be
tested. This section also makes the user responsible for any
damages that might occur from any unauthorized industrial waste
entering into the sewer system. All other aspects of the contract
remained the same.
This contract needs to be approved by Council prior to
consideration and approval of the DalDen agreement. Time is of the
essence to install water facilities for DalDen because a house is
presently being constructed on the lot that the water line will
have to cross.
Curtis E. Hawk, City Manager
January 31, 1992
Page 2
This contract will allow us to provide water and sewer services for
Da1Den. Additionally, the contract will allow us to obtain
additional water and sewer service through Trophy Club MUD 11,
subject to approval of the City of Fort Worth (water) and the
Trinity River Authority (sewer). The multi -jurisdictional
contracts require approval of all four entities. Prior to
extending services outside the T.W. King area, written approval
must be obtained from Fort Worth and TRA in order to maintain the
integrity of our interlocal contracts with these agencies. The
contract before you will not adversely affect other contracts in
place.
Please place this item on the Council's next agenda. If you have
any questions, please contact me.
mqV
MHB/lc
wpf&s\mcamXhophycb.mud
CONTRACT FOR WATER AND WASTEWATER SERVICES BETWEEN
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
AND THE CITY OF SOUTHLAKa
THIS CONTRACT is made and entered into this day of
1992, by and between TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1 (hereinafter referred to as the "MUD"), acting by
and through the duly authorized President of the MUD's Board of
Directors, and the CITY of SOUTHLAKE, TEXAS, a home rule municipal
corporation (hereinafter referred to as the "City"), acting by and
through its duly authorized Mayor.
W I T N E S S Z T Ht
WHEREAS, the MUD owns, operates, and maintains facilities for
processing and distributing a supply of surface water and
subsurface water and owns, operates, and maintains Wastewater
treatment facilities, and at the present time is qualified to
furnish and deliver treated water and to receive and treat
wastewater; and
WHEREAS, on April 7, 1988, the MUD and the City entered into
a contract (the "Utility Contract") whereby the MUD agreed to
supply to the City certain quantities of water and to receive and
treat wastewater from a particular designated site within the City;
and
WHEREAS, on May 7, 1991, the MUD and the City entered into an
agreement to extend the term of the Utility Contract and to revise
the rates to be charged thereunder; and
WHEREAS, the City and the MUD now desire to enter into this
Contract to authorize the providing of water and wastewater
services by the MUD to certain other portions of the City in
accordance with the terms and conditions of this Contracts and
WHEREAS, the parties have each determined that the terms and
conditions of this Contract are desirable, fair, and advantageous
for such party;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
FOR AND IN CONSIDERATION of the terms, conditions, and
covenants contained herein, the MUD and the City do hereby covenant
and agree as follows:
1.
TERMS AND C0NDI'1'IONg
The City shall be entitled to receive and the MUD hereby
agrees to make available for delivery to the City up to one hundred
thousand (100,000) gallons per day of potable water meeting all
applicable governmental standards, delivered under the normal
operating pressure prevailing in the MUD's water distribution
system at the point(s) of delivery mutually agreed upon.
If the City of Fort Worth shall ration the use of water
pursuant to the contract for water service between the City of Fort
Worth and the MUD dated March 13, 1979 ( the "Fort Worth contract") ,
with water rationing or water conservation measures imposed upon
the MUD, then the City shall institute and apply the same
rationing, conservation measures, or restrictions to the use of
water as required of all other customers of the MUD.
If at any time during the term of this Contract for reasons
beyond the MUD's control, the City of Fort Worth reduces the amount
of water it will provide the MUD, the MUD may reduce the amount of
water it furnishes the City by the same proportion as that by Which
the MUD reduces its supply of water to all other customers of the
MUD.
The MUD represents and warrants to the City that it presently
has a water contract with the City of Fort Worth which permits it
to deliver 100,000 gallons per day of potable water to the City and
that this quantity of water will be reserved by the MUD for use by
the City during the term of this Contract.
a.
_LOCATION AND MAINTENANCE OF MEASURING DEVICES
All water furnished by the MUD to the City shall be measured
by mutually acceptable meters. All meters and recording equipment
shall be installed and operated by the MUD.
The point or points of delivery of treated water by the MUD
shall be the meter vault connection to the City's side of each
meter, and all necessary maintenance and distribution facilities
from and beyond said points shall be furnished by the City.
The location of each meter shall be mutually agreed upon by
and between the parties hereto, and the meters shall not be moved
or relocated except by mutual consent.
Either party shall have the right to test the meters and
appurtenances at any time. No meter shall be adjusted, changed, or
tested, in place or elsewhere, unless the party intending to make
such adjustment, change, or test shall first give notice to the
other party of this intention and theraafter give reasonable
opportunity to the other party to have representatives participate
:Wz
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in such test, change, or adjustment. All meters will be properly
sealed, -and the seal shall not be broken unless representatives of
the parties hereto have been notified and given a reasonable
opportunity to be pregAnt.
3.
METER READIHG AND BILLING
The MUD shall read all meters provided for herein from time to
time, but not less than at monthly intervals, and the parties to
this Contract shall have free access to read these respective
meters daily, if any party so desires. It shall be the duty of the
parties to give immediate notice, each to the other, should any
meter be found not functioning, and upon such notice repairs to
such meter shall be made promptly. Whenever it in evident that a
meter has not registered accurately for a period of time, the
quantity used shall be estimated in accordance with the usage under
similar conditions for an equal period of time.
The meter readings or rates of flow shall be added together
when more than one meter is in service for water or wastewater, and
the sum thereof shall be used for the purpose of calculating the
total water supplied to the City or wastewater received from the
City.
4.
RATES
The MUD's rate to be charged for water delivered to the City
shall be double the regular rate set by the MUD from time to time
for similar customers and property located within the boundaries of
the MUD.
The MUD's rate to be charged for wastewater treatment for
normal domestic wastewater received from the City and treated by
the MUD shall be double the regular rate set by the MUD from time
to time for similar customers and property located within the
boundaries of the MUD. The MUD's rate for treatment of wastewater
received from areas that also receive water from the MUD shall be
based on total metered domestic water used within the site area
(but which excludes water used for irrigation, fire protection, and
similar non -domestic uses). The MUD's rate for treatment of
wastewater from areas that do not also receive water from the MUD
shall be based on the metered volumes of wastewater delivered by
;the City to the MUD for treatment.
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The MUD shall have the right to review the rates and to adjust
the rates in the same proportion thAt eAtH A26 AdJUA"d far all
other customers of the MUD so that the rates charged to the City
shall always be double the regular rate set by the MUD from time to
time for similar customers and property located within the
boundaries of the MUD, as provided by the MUD's Rate Order.
In no event shall the rates charged to the City exceed those
charged to any other similar user outside the MUD.
The City agrees to pay the monthly charge for water and
wastewater treatment service in accordance with the rates specified
above. Monthly bills shall be due and payable at the office of tho
MUD on or before the twentieth (20th) day of the month immadiately
succeeding the month in which the bill is received. The MUD's
standard penalty or late charge on past due accounts shall be added
on any bills that are not timely paid by the City.
The City shall not be required to pay for any water unless
such water shall be actually received by the City.
5.
BMOC' OF WATER
While the MUD shall be required to supply up to 100,000
gallons of water per day to the City absent any declaration of
general emergency or conservation measure imposed by the City of
Fort Worth as set forth in paragraph 1, "Terms and Conditions," no
provision of this Contract shall require the MUD to supply more
than 100,000 gallons of water per day to the City. Nothing herein
shall require the City to take 100,000 gallons of water per day nor
to take more water than the City deems necessary. Furthermore,
nothing herein shall require the City to take any amount of water
whatsoever.
6.
WASTEW&IgR TREATMENT
The MUD hereby agrees to receive and treat up to one hundred
thousand (100,000) gallons per day of normal domestic wastewater
delivered by 4he City during the term of this Contract, at the
point(s) of delivery mutually agreed upon.
For purposes of this contract, the term "normal domestic
wastewater" shall mean wastewater excluding industrial wastewater
discharged by a person into sanitary sewers and in which the
average concentration of total suspended solids is not more than
250 mg/1 and BOD is not more than 250 mg/l. "Industrial waste"
-4-
means waste resulting from any process of industry, manufacturing,
trade, or business from the development of any natural resource, or
any mixture of the waste with water or normal wastewater, or
distinct from normal wastewater.
Only normal domestic wastewater, and no lndustrlai waste,
shall be delivered by the City to the Rtt for treatment under this
Contract. To insure compliance with this provision, the :MUD shall
have the right to inspect all of the City's wastewater lines that
will be connected to the MUD's interceptor(s) or other facilities
before the connection is made, and to inspect the city's wastewater
lines thereafter during the term of this Contract.
The point(B) of delivery of normal domestic wastewater shall
be the point(s) of connection from the City's collection line(s) to
the W15's interceptor line(g), &Ad all ndcaa$ary mairtananca and
facilities on the City's side of such connection point(s) shall be
furnished by the City.
No metering shall be required of normal domestic wastewater
collected by the City from customers who also receive treated water
supplied by the MUD to the City.
Any commercial customers of the City will be required to
install a valved holding tank so that the wastewater from such
commercial customer may be tested before the wastewater is released
into the collection lines leading to the MUD's interceptor line (s).
The requirement of a holding tank for commercial customers may be
waived only be specific action of the MUD's Board of Directors.
In the event that industrial waste or any other unauthorized
material or substance is discharged into the MUD's wastewater
collection and treatment system that is detrimental to the
collection and/or treatment system or to its efficient operation
and maintenance, the City and its originating customer shall be
liable to the MUD for any damages to the MUD's system and/or for
the increased cost of operation and maintenance resulting from such
discharge.
7.
APPROVAL OF CONNECTIONS
No connection shall be made by the City or any contractor with
a water or wastewater line operated by the MUD except upon at least
five (5) business days prior written notice t0 the MUD. All
connections to the MUD's lines and/or facilities shall be inspected
-5-
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and approved by a representative of the MUD before the connection
is coveted over.
8.
EFFECTIVE DATE OF CONTRACT FOR BILLING
The MUD shall bill the City for water and wastewater treatment
services as furnished pursuant to this Contract on the twenty-fifth
(25) day of each month during the term of this Contract.
9.
RESALE OR ASSIGNMENT
The City and its assignees do hereby covenant and agree not to
sell or provide water obtained from the MUD to users outside the
service area shown on the attached Exhibit A unless the prior
written consent of the City of Fort Worth and the MUD is obtained.
The City and its assignees also hereby covenant and agree not
to sell or provide wastewater treatment services requiring
treatment of wastewater by the MUD to customer sites outside the
City unless the prior written consent of the MUD is obtained.
The City shall have the right to submeter facilities and to
recoup or recover from its customers the actual costs for water
delivered by the MUD to the City and for the MUD's treatment of
wastewater received from the City.
10.
LIFE OF CONTRACT
In order to continue their existing relationship for the
mutual benefit of both parties, the MUD and the City agree that the
term of this Contract shall be for a period of one (1) year from
the date this Contract is executed. Thereafter, this Contract
shall be automatically renewed for additional periods of one (1)
year each beginning on the anniversary date of this Contract and
for up to a maximum of three (3) such additional years unless and
until either party gives written notice of termination to the other
party at least nine ( 9 ) calendar months prior to the end of any
such one (1) year term.
11.
FORCE MAJEURE
If, by reason of force majeure, any party hereto shall be
rendered unable, wholly or in part, to carry out its obligations
under this Contract, other than the obligation of the City to make
payments required under the terms hereof, then if such party shall
"give notice with full particulars of such force majeure in writing
2M
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to the other party Within reasonable time after the occurrence of
the event or cause relied upon, the obligation of the party giving
such notice, so far as it is affected by such force majeure, shall
be suspended during the continuation of the inability then claimed,
but for no longer period, and such party shall endeavor to remove
or overcome such inability with all reasonable dispatch.
The term "force ma j eure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of
public enemy, orders of any kind of the government of the United
States or the State of Texas or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, storms, floods, washouts, droughts, arrests,
restraints of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines, or
canals, partial or entire failure of water supply, and inability on
the part of the MUD to deliver water or wastewater treatnl8ftt
services hereunder on account of any other causes not reasonably
within the control of the party claiming such inability.
l2 .
DUE AUTHORI=
The persons signing on behalf of the City and the MUD
represent and warrant that they are duly authorized to execute this
Contract on behalf of the City and MUD respectively.
13.
REMEDIES
Any party hereto shall have the right to specific enforcement
of the terms and conditions of this Contract.
14.
OAR PROVISIONS
14.1 The bauodaries of the water service area shown in the
attached Exhibit A are subject to approval by the City of Fort
Worth under the Fort Worth contract. No water shall be sold or
delivered by the MUD to the City for use or resale in a particular
portion of the water service area unless and until such written
consent has been granted by the City of Fort Worth relating to that
portion of the water service area, pursuant to the terms of the
Fort Worth contract.
14.2 Except as altered by the specific provisions of this
Contract, all water provided by the MUD to the City and all
wastewater received by the MUD from the City shall be subject to
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the standard rules, regulations, rates, and policies in effect for
all customers of the MUD, as amended from time to time.
14.3 This Contract represents the entire atgresmant of the
parties and may not be changed or modified except by written
instrument signed by the parties to be charged therewith.
14.4 Any notice provided for herein shall be given in
writing, hand -delivered or mailed by certified or registered United
States mail, postage prepaid, addressed as follows:
If to the City;
City of Southlake
Attention City Manager
667 North Carroll Avenue
Southlake, TX 76092
If to the MUD:
Trophy Club Municipal Utility District No. 1
Attention District Manager
100 Municipal Drive
Trophy Club, TX 76262
The designation of the person to whoa and the p1aCQ to which
notices are to be mailed or delivered may be changed from time to
time by any party by written notice to the other party.
14.5 From and after the effective date of this Contract, the
parties hereto will be bound by this Contract, and the Utility
Contract dated April 71 1989, shall be of no further force and
effect except to the limited extent necessary to discharge
remaining obligations under the Utility Contract.
IN TESTIMONY WHEREOF, after proper action by the respective
governing bodies of the parties hereto, we have caused these
presents to be executed in five (5) copies, each of which is
considered to be an original, and the seals of the respective
parties to be hereto affixed to be effective on the date above
written
CITY OF SOUTHLAKE
Rv!
Gary Fickes, Mayor
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By: President of the District's
Board of Directors
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ATTZST:
City Secretary
APPROVED AS TO PORK:
ATTZST:
Secretary of the District's
Board of Directors
APPROVED AS TO PORK:
Southlako City Attorney Trophy Club Municipal Utility
District No. 1 Attorney
�1014-10.01011.D
166, - /D
EXHIBIT "A"
WATER SERVICE AREA
City of Southlake, Texas
CITY MANAGER
MEMORANDUM fff?�!�
January 30, 1992
To: Curtis E. Hawk, City Manager
From: Michael H. Barnes, P.E., Public Works Director
Re: Interlocal Agreement Between the City of Southlake and
DalDen Corporation for Water/Sewer Services
On July 30, 1991, DalDen Corporation, a business located at the
intersection of Bob Jones Road and T.W. King Road in Southlake,
requested that the City of Southlake provide them with water and
sewer services (see attached letter). Since there are no existing
water or sewer facilities in that area, the only way to serve them
would be through Trophy Club MUD #1 (MUD).
Attached is a letter from Roger Unger, District Manager of MUD,
stating that they are willing to serve DalDen with water and
wastewater services as long as DalDen can assure MUD that they will
only be discharging domestic waste.
In order for MUD to serve DalDen with water and sewer services via
the City of Southlake, a revised contract with MUD will have to be
approved. The revised contract with MUD is on the Council's agenda
prior to this item for consideration.
Therefore, attached is an interlocal agreement, prepared by the
City Attorney, between the City of Southlake and DalDen Corporation
stipulating the parameters by which DalDen would be served with
water and sewer facilities by the City of Southlake via MUD. All
costs associated with the construction of the water and sewer
facilities would be the responsibility of DalDen and all
construction plans would be approved by MUD and Southlake.
10
Curtis-E. Hawk, City Manager
January 30, 1992
Page 2
The rates to be charged DalDen by the City would be 110% of the
rates charged to the City by MUD. The existing utility rates that
MUD charges the City of Southlake are:
Water Sewer
Minimum $18.00 0 to 3,000 gals. $18.00
3,000 to 20,000 gals. 3.30 Over 3,000 gals. 3.00/1,OOOgals.
Over 20,000 gals. 3.70
DalDen has reviewed the attached agreement and is in agreement with
its contents.
Please place this item on the Council's next agenda for their
nconssideration. If you have any questions, please contact me.
/Y kl
MHB/lc
attachment: DalDen letter
JOYIN 0 04 M.P _ c 4A:CVq
STATE OF TEZAB
COUNTY 07 TARRANT �
THZB AGREMEM is made and entered into by and between the
City of Southlake, Texas, a home rule municipal corporation, acting
by and through its duly authorized city Manager, Curtis Hawk,
hereinafter referred to as *City,a and DalDen Corporation, a Texas
corporation, acting by and through its duly authorized Vice -
President of Operations, Glen R. Rubarts, hereinafter referred to
as "DalDen."
WHERPM , DalDen is the owner of a manufacturing facility
lo-cated at 4285 T.W. Ring Road in the City of Southlake, Texas,
hereinafter referred to as "the Premises"; and
TSBR 3-91 the Premises are currently served by a private on -
site water system and sanitary sewer disposal system; and
WEEREM, the City of Southlake has negotiated with the Trophy
Club Municipal 'Utility District No. 1 ("Trophy Club MUD") for the
right to obtain water and sanitary sewer services through the use
of Trophy Club XOD's water and sanitary sewer systems; and
WHEREAB, DalDen desires to connect to Trophy Club MUD water
and sanitary sewer systems in order to provide for the more costly,
efficient and sanitary providing of water and disposal of waste
from the premises; and
wEBRE", City has agreed to allow DalDen to utilize Trophy
Club MUD systems subject to the terms and conditions set forth in
this Agreement.
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NOR, MRRPORM, for and consideration of the mutual covenants,
terms and conditions set forth herein, the receipt and sufficiency
of which are hereby acknowledged, City and DalDen hereby contract,
covenant and agree as follows;
1.
City shall allow DalDen to connect to Trophy Club MUD water
and sanitary sewer systems and shall provide water and sanitary
sewer services to DalDen as permitted under the terms of that
certain Interlocal Agreement for water and sanitary sewer services
of even date between the City and Trophy Club MUD, hereinafter
referred to as the "Interlocal Agreement." A true and correct copy
of said Interlocal Agreement is attached hereto as Exhibit "A" and
incorporated herein for all purposes of this Agreement. DalDen
understands and agrees that in addition to the terms and conditions
provided herein, that Da1De'n's right to access and use Trophy Club
MUD water and sanitary sewer systems is subject to all terms and
condition set forth in the Interlocal Agreement.
II.
DalDen shall be responsible for the installation of all water
and sewer lines and facilities associated with the servicing of the
premises with water and sewer, and DalDen covenants and agrees to
pay all expenditures and costs pertaining to the construction and
Installation of said water and sewer lines and facilities, the
acquisition of easements, and all surveying, engineering, and other
costs associated with such services. All construction plans for
such water and sewer facilities shall meet City and Trophy Club MUD
specifications and shall be approved by both City and Trophy Club
MUD prior to construction.
,,,,,,,,,,,,,,,,,,"$,,,
III.
DalDen further covenants and agrees to pay to City all charges
applicable to DalDen's use of the water and sewer services at the
rate of 110% of the amount charged to the City by Trophy Club MUD
under the terms of the Interlocal Agreement. The City shall read
the meters at monthly intervals. In addition, DalDen covenants and
agrees to pay to City any and all other fees incurred by City in
association with providing the water and sanitary sewer services
provided for herein. All fees and charges provided for in this
Agreement shall be due and payable by DalDen within twenty (20)
days after the mailing of an invoice for same from City.
IV.
All water and sewer lines installed within City's right-of-
way or easements shall become the property of City upon completion;
however, DalDen shall be responsible to maintain the water and
sewer lines for a period of two years from the date of completion
of installation. Upon the expiration of this two year period, all
water and sewer lines within City's right-of-way or easements will
be maintained by City.
V.
DalDen covenants and agrees to comply with all laws and
regulations of City, Trophy Club MUD40and any other local, state or
federal laws, plus all terms and conditions set forth in the
Interlocal Agreement. In the event DalDen fails to comply with
such laws, terms and conditions, City may terminate the service
provided hereunder upon ten (10) days written notice.
I nk(-\da I &-n. not -3-
V1.
DalDen covenants and agrees that only domestic sewage
generated at the plant will be disposed of in the sanitary sewer
system and that no hazardous waste or illegal pollutants will be
introduced into the sewer system. DalDen hereby authorizes Trophy
Club MUD to perform reasonable random tests to confirm the nature
of the waste injected into the system and DalDen does hereby
covenant and agree to pay all such costs.
VII.
DalDen covenants and agrees that it will abide by any
rationing of water which may be imposed by Trophy Club MUD at any
time during the term of this Agreement. Further, DalDen covenants
and agrees that it will not sell or provide water or sewer service
to any other property outside of the premises.
VIII.
This Agreement shall be for a term of five (5) years
commencing on the date of execution of this Agreement, unless
sooner terminated as provided herein. It is specifically
understood, however, that the City may, in its sole discretion,
choose to provide water and/or sanitary sewer services to the
premises during the term of this Agreement if such services become
available.
IX.
DalDen hereby covenants and agrees to indemnify and hold City
harmless from any and all bodily injury, including death, or
damages or injuries to any personal or real property, belonging to
DalDen or any tenants of DalDen who now occupy or may occupy the
premises, arising out of the performance or non-performance of this
slake\dalden.agt -4-
Agreement by either party, whether or not caused in whole or in
part by the alleged negligence of City, its officers, agents,
servants or employees. It is specifically understood and agreed
that City shall not be liable or responsible for any damages
incurred by DalDen or its tenants arising from the discontinuance
of service by Trophy Club MUD or from any other cause.
X.
Notices given pursuant to this Agreement shall be sufficient
if deposited in the United States Mail in a properly addressed
envelope to the other party as follows:
To DalDen:
DalDen Corporation
P. 0. Box 1865
Grapevine, Texas 76051
Attn: Glen R. Rubarts
To City:
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Attn: City Manager
The above addresses may be changed by giving ten (10) days
written notice.
XI.
This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
XII.
Should any action be brought by City for the enforcement of
any terms or conditions of this Agreement or for the breach of this
Agreement by DalDen, City shall be entitled to recover its
reasonable attorneys' fees. Venue for any action brought under
this Agreement shall be in Tarrant County, Texas.
slake\daldcn.aV -5- /�� _
z
X1114
This Agreement constitutes the sole and only agreement between
the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
subject matter hereof.
EXECUTED this day of , 1991.
CITY OF SOUTHLAKE:
CURTIS HAWK, CITY MANAGER
ATTEST:
CITY SECRETARY
DALDEN CORPORATION
By:
GLEN R. RUBARTS,
VICE PRESIDENT OF OPERATIONS
SUBSCRIBED AND SWORN TO BEFORE ME by
on this the day of , 1991.
My Commission Expires:
Notary Public in and for the
State of Texas
Type or Print Notary's Name
*DalDen Corporation
July 30, 1991
Mr. Michael Barnes
Director of Public Works,
City of Southlake
667 No. Carroll Avenue
Southlake, TX 76092
Dear Mr. Barnes:
WE"
JUL 3 01991
PUBLIC WORKS DEM
Confirming our earlier discussions with both you and Mr. Hawk,
DalDen Corporation hereby formally requests that the City of
Southlake provide water and sewer service to our facilities
located at 4285 T. W. King Road.
DC..
It is our understanding that DalDen will be responsible for
providing a construction drawing for city approval. The said
drawing will depict the required materials and installation of the
water and sewer lines from our property to the city connection
points.
You indicated there was a possible concern about the type of waste
that would emanate from our facilities. The nature of our business
is such that we generate minimal quantities of liquid industrial
wastes. Any hazardous waste, as defined by federal law, is
collected and disposed of in accordance with state and federal
regulations. It is not put down the drain.
Your concern is understandable, and we are open to measures that
would assure that illegal pollutants are not introduced into the
sewer system. I would suggest two possible alternatives:
1. Install a manhole and a continuous sampler on our main line
ahead of the city connection. Random and/or periodic analysis
would confirm the nature of the waste. I do not know, but
suspect this would be expensive.
2. Our present connections to several "in plant" septic systems
are utilized only for sanitary waste. We could maintain that
same restriction for lines going to the city sewer, however we
feel it is not warranted given the nature of our business.
Thanks for your help. We are looking forward to having the
services normally afforded a company located within the boundaries
of an incorporated municipality.
4, -� j aas-
Glen R. Rubarts
Vice President of Operations
P.O. Box 1865 • Grapevine, Texas 76051
(817) 430-4288
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
100 Municipal Drive
Trophy Club, Texas 76262
(817) 430-1911
Mike Barnes
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Mr Barnes;
OEM&)
SEP 111991
PUBLIC WORKS DEPT.
September 9, 1991
The Trophy Club Municipal Utility District #1 (TCMUD) stated
at their board meeting on 8-27-91 they are willing to treat
additional Southlake sewage flows from sources other than
McGuire Thomas/IBM. Given the method of treatment employed
by the TCMUD, only domestic flows can be accepted. The board
will require complete guarantees from the city of Southlake
that only domestic sewage will be delivered to our system.
We are aware that the City of Southlake is specifically
interested in connecting Dal Den corporation to our system.
We have no objections given adequate safeguards such as a
suggested holding tank with any effluent flows released only
by TCMUD personnel. We reserve the right to inspect plans
and construction prior to the actual tap being made.
Roge�.Unger
District Manager
/el.41'— /d
City of Southlake, Texas
CITY MANAGER
Z E M O R A N D U M
January 31, 1992
To: Curtis E. Hawk, City Manager
From: Michael H. Barnes, P.E., Public Works Director
Re: Advertise for Bids - F.M. 1709 Water Line Relocation from
F.M. 1938 to Jellico Circle East
Permission is requested to advertise for bids for the continuation
of the first section of the F.M. 1709 Water Line Relocation Project
(1709 Project) from F.M. 1938 to Jellico Circle East. In the
original contract for the 1709 Project, which was awarded to Pate
Brothers in April 1991 at a cost of $980,860, the section of F.M.
1709 from F.M. 1938 to Jellico Circle East could not be included
since the Highway Department had not completed their construction
plans for that section of F.M. 1709.
This section of the 1709 Project, from F.M. 1938 to Jellico Circle
East, needs to be bid at because that section is in the
first phase of the re onstruction of F. . 1709 that is scheduled to
be let in July 199 others was asked to consider adding
this section o to their existing c tr ct if the Council approved
a change or r, but they declined.
The estimate construction c t of this section of the line is
$130,000 which unded from the Infrastructure Reserve
Account Fund. As of January 31, 1992, there is approximately
$80,000 in the Infrastructure Reserve Fund. There is approximately
$90,000 that the City is in the process of collecting from C.I.S.D.
for the new high school sewer line which brings the total of the
Infrastructure Reserve Fund to approximately $170,000.
It is anticipated that this section of the project will be
completed by May 15, 1992, which will not hold up the State's
bidding process for the reconstruction of F.M. 1709.
Curtis E. Hawk, City Manager
January 31, 1992
Page 2
The second section of the 1709 Project will be from Jellico Circle
East to Pearson Lane. The State has included this section of F.M.
1709 in the Keller portion of the F.M. 1709 reconstruction project.
This section will be delayed until October or November 1992 because
much of the 20" water line along this section will have to be
relocated in the summer and the City cannot afford to be without
the 20" water line in the summer. The second section of the 1709
Project is estimated to cost approximately $170,000. Funding for
the second section of the 1709 Project is proposed to be included
in the Certificates of Obligation to be issued for funding the
City's cost of curb and gutter and parallel drainage facilities in
the reconstruction of F.M. 1709.
Please place this item on the Council's next agenda. If you have
any questions, please contact me.
me,
MHB/lc
wp filcs\mcmos\ 1709watt. bid
Uity of 5outniaKe, i exas
M E M O R A N D U M
January 31, 1992
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Sanitation Contract Expiration
In March 1987, the City of Southlake entered into a five year
contract with Lakeside Sanitation, or City Garbage, for residential
and commercial solid waste removal. Currently, residential
customers are charged $7.15 plus $.52 sales tax for a monthly total
of $7.67. Commercial customers deal directly with City Garbage.
The franchise agreement currently in effect with City Garbage
provides that the City will retain 10% of accounts collected.
The City Garbage contract began May 1, 1987 and terminates April
30, 1992. Article XIV of the contract grants automatic five year
extensions, "...unless either party notifies the other party in
writing, not less than sixty (60) days prior to the expiration of
the initial five year term."
In March 1991, the City entered into a one year contract that began
May 1, 1991 with B.F.I. for residential recycling.
If the City Council wishes to re -bid the City Garbage contract,
staff requests that Council authorize the City Manger to notify
city Garbage of the City's intent to terminate the contract April
30, 1992. It is conceivable that one contract could combine
recycling and solid waste removal.
At the City Council meeting 1/17/1992, the Council wanted to discus
this further. Area cites were contacted at Council's request. The
schedule below lists contractors and rates by City.
Y
F
CONTRACTOR
RATE*
RECYCLING
Collyville
City Garbage
7.88
Y 1.88
Keller
City
%� 20
N
Grapevine
Laidlaw
� 7 . 00 includes recycling
Euless
City
`— 6.00
N
Hurst
Laidlaw
4.53 curbside
N
7.90 house
Trophy Club
City
6.50 paid thruWes
N
Southlake
City
7.15
Y 1.69
*sales tax not included
The current contract, if the City Council chooses to renew it, must
be revised to incorporate legislative changes in order to preserve
the City's interest.
LAH/kb
City of Southiake, Texas
To:
From:
Re:
M E M O R A N D U M
January 31, 1992
Curtis E. Hawk, City Manager
Uilyy ACER
n� t
Michael H. Barnes, P.E., Public Works Director
Sewer Impact / Pro Rata Fees
For purposes of this discussion, this memo is to document how the
City is addressing sewer pro rata fees and sewer impact fees as it
relates to Arvida/SouthRidge Lakes (ASL) and subsequent developers
who install all or portions of sewer interceptors at their expense.
Arvida is the developer of the SouthRidge Lakes subdivision who
paid for and installed the S-4 Sewer Interceptor Line (S-4
Interceptor).
I. Sewer Pro Rata Fees (SPRF)
In late summer 1989, the Council appointed a Technical Review
Committee to develope an ordinance that would allow
developers to recoup their investment if they paid for and
installed a sewer interceptor in a major drainage basin as
defined in the City's master sewer plan. This ordinance was
initiated by the fact that a development company, Arvida, was
developing a 267 acre tract in the S-4 drainage basin and was
required by the City to build the S-4 Interceptor in order to
develop the SouthRidge Lakes subdivision. The ASL developers
requested the City to develop an ordinance that would allow
them to recoup their investment.
In January 1990, after several months of developing the
ordinance, the Technical Review Committee recommended and the
Council adopted a Sewer Pro Rata Ordinance (No. 493).
Curtis -E. Hawk, City Manager
January 31, 1992
Page 2
Two of the major aspects of the Ordinance are:
1. Within 10 years a development that installs a sewer
interceptor, could recoup all of its investment if the
drainage basin in which they construct the sewer
interceptor is completely developed.
2. The City will guarantee that within 5 years the developer
will recoup the entire cost of the oversizing required by
the City.
The Committee was aware that impact fees would be charged to
developments in the near future. Prior to the adoption of the
Water & Sewer Impact Fee Ordinance, and after the adoption of
the Sewer Pro Rata Ordinance, the Committee recommended and
the City Council concurred that the developer should not be
required to pay more than the impact fee, including the sewer
pro rata fee.
II. Sewer Impact Fees (SIF)
In the spring of 1990, the City Council contracted with
Rimrock Consulting Company and Cheatham and Associates to
develop a Water and Sewer Utility Fee Program according to the
requirements of Chapter 395 of the Texas Local Government
Code.
As required by State statute, an advisory committee was
appointed by the Council to work with the consultants in the
development of the program.
Curtis E. Hawk, City Manager
January 31, 1992
Page 3
On August 7, 1990 the advisory committee recommended to the
Council that the maximum amount of assessable fees be $1,035
for water and $1,562 for sewer (lines only), but initially
collect fees of $500 for water and $1, 000 for sewer. The
Council accepted the advisory committee's recommendation and
on August 9, 1990 the Ordinance was officially adopted.
In general, the purpose of a water or sewer impact fee (or
capital recovery fee) is to charge a builder or developer a
fee for the impact each unit constructed will have on future
infrastructure facilities required by the City's Water & Sewer
Master Plans, when the City is completely developed.
III. Calculation of Sewer Impact Fee for Arvida/Southridge Lake
(ASL) Subdivision
When ASL installed the S-4 Interceptor in 1990 to serve its
development, the City required ASL to size the interceptor
line to serve the entire S-4 basin. ASL agreed to design and
install the S-4 Interceptor as per the City specifications.
The total cost disbursement paid by ASL for the S-4
Interceptor is as follows:
Total Construction Cost $ 395,660
Total Engineering Cost 35,700
Total Surveying Cost 25,520
Total Easement Preparation Cost 16,500
Total Easement Acquisition Cost 9,400
Total Inspection Cost 6,128
Total Cost $ 488,908
Oversizing Portion of the Total Cost = $ 79,625
Proportional Cost for ASL = $ 147,363
(Cost to Provide ASL with Sewer)
Total Cost ASL Eligible to Recover = $ 341,545 ($488,908-$147,363)
Percentage of Oversizing Cost to Total Cost = $79,625 = 16.3%
$488,908
Curtis E. Hawk, City Manager
January 31, 1992
Page 4
The total oversizing cost of $79,625 for ASL is calculated on
the cost difference between the size of line required by the
City for the S-4 basin and an eight (8) inch line, as provided
by the ordinance.
ASL's proportional cost of $147,363 is their portion of the
total cost if they had to pay a pro rata fee. ASL's total
cost that they could recover from other developments
connecting to the S-4 Interceptor is $341,545.
Whenever a development connects to the S-4 Interceptor, a pro
rata cost is calculated by the City and collected prior to
start of construction. A portion of the pro rata cost is
credited to the City toward their oversizing requirement which
was calculated to be 16.3% for ASL.
In order to calculate ASL Sewer Impact Fee, it requires
understanding how a sewer impact fee is calculated for a
development that desires to connect to the S-4 Interceptor.
An example of this calculation is as follows:
Subdivision "B" has 100 lots
Sewer Impact Fee = $1,000 per lot
Total Required Sewer Impact Fee = $1,000 (100 lots) = $100,000
Developer of subdivision "B" owes a Pro Rata Fee of $10,000
Recalculated Sewer Impact Fee =
$100,000 - $10,000 = $ 90,000 = $900/lot
100 lots
Curtis E. Hawk, City Manager
January 31, 1992
Page 5
Under the enabling State statute, all lots platted prior to
the adoption of the Impact Fee Ordinance are exempt for a
period of one year after the Ordinance is adopted; Phases I &
II of ASL are exempt from the impact fee.
With the above procedure in mind, ASL Sewer Impact Fee is
calculated as follows:
367 Total Lots in ASL
-71 Phase I Lots
-73 Phase II Lots
223 Remaining lots in ASL
Current Sewer Impact Fee is $1,000/10t
Total Sewer Impact Fee for ASL's remaining lots is
$1,000 (223 lots) _ $223,000
ASL Pro Rata Fee is $147,363 x 223 = $ 89,542
367
Recalculated Total Sewer Impact Fee for ASL is
$223,000 - $89,542 = $133,458
ASL Recalculated Per Lot Sewer Impact Fee is
$133,458 = $ 598/Lot
223 lots
The above calculation leaves $402/lot (1,000 - 598) or $89,542
that would normally be charged as ASL Sewer Pro Rata Fee.
Since ASL paid for the S-4 Interceptor initially, AFL has
already paid this cost. However, the City will be credited
$14,595 ($89,542 x 16.3%) toward the AFL requirement of the
oversizing cost.
// F
Curtis E. Hawk, City Manager
January 31, 1992
Page 6
To date, Arvida has been paid $38,461 toward their pro rata
reimbursement from other developments, of which $6,269
($38,461 x 16.3%) has been credited to the City as oversizing
costs.
Unless otherwise directed by City Council, all future
developments that install and pay for all or a portion of an
interceptor sewer line, such as with the S-2 Interceptor
Agreement now in place, will be charged Sewer Impact Fees in
the same manner as described above. Subsequent developments
within a basin where the interceptor sewer line has been
installed by other developers will be charged a sewer impact
fee and a sewer pro rata fee as described above.
Mr j I/
MHB/lc
wp rdes\memos\sewer. pro
// 13 -&