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1992-03-02 CC PACKET
City of Southlake,Texas M E M O R A N D U M February 28, 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 March 3 , 1992 1. Acienda Item No 3-4 Mayor's/City Manager's Report. Items to report to public, with dates to reserve on your calendar. A. Tuesday, March 10, 7:00 p.m. , City Hall - Formal "kickoff" of the Community Awareness Campaign. Letter signed by Mayor (copy attached) will be sent to all members of the Community Road Improvement Task Force and other interested citizens, inviting them to the meeting. The March 10 meeting is carefully planned. A draft of the agenda for the meeting is also attached FYI. The Steering Committee for the Awareness Campaign met again last night to review the timetable. The Steering Committee will meet once more (Sunday, March 8th, 7: 30 p.m. , City Hall) before the March 10 meeting to finalize the details to be covered. The Steering Committee, which consists of the leaders of the present Task Force Committee, continues to work diligently. The Awareness Committee has adopted the name Southlake Citizens for Better Roads for the campaign. The theme will be "Investing in our Community." Carol Lee Hamilton and Don Lovelace co-chair the Steering Committee. Other members are Cora Lee Brannon, Jim Humphrys, Nick McGarity, Denny McGrath, and Michael Richarme. B. Thursday, March 12, (undetermined as yet: 6: 30/7:00/7:30) Joint COS/CISD meeting, City Hall. - This will be the follow-up for the meeting at Solana. A compilation of the computer generated goal setting responses will be available shortly. C. Mid-year Review. We need to schedule our mid-year review in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 28, 1992 Page 2 one of the off-weeks in April, either a Tuesday or Thursday. Please check your calendars for one of the four dates listed below: • Tuesday, April 14 • Thursday, April 16 • Tuesday, April 28 • Thursday, April 30 Staff preference would be Tuesday, April 14, since we kickoff our 1992-93 Budget process April 1. Also, the Southlake Citizens for Better Roads may be needing use of the council chambers the last week of April. The review will require approximately 2-3 hours maximum. D. June Retreat. Although it sounds far off, we need to start reserving time for the June Retreat. We have tentatively reserved the Southlake Room at Solana for the week of June 8-12 and June 22- 26. We need most of two and a half (2 1/2) days. The June Retreat is second only to the Budget Work Session in importance to staff as we set service priorities for the upcoming year. 2. Actenda Item No. 5A. Award of Bid for F.M. 1709 Water Line Relocation, from F.M. 1938 to Jellico Circle East. Note from the memo by Mike Barnes, Director of Public Works, that the section of the 20" line from Jellico Circle east to Pearson Lane cannot be relocated at this time and will be bid this fall. This additional section will cost approximately $150, 000 - $200, 000, depending upon several factors. This cost will be included in the C.O.s for the reconstruction of F.M. 1709. 3. Agenda Item No 5B Request to Advertise for Fire Bay Remodeling, The current budget provides $10, 000 for an expansion of the southeast corner of the Fire Department bay area. With approval of the request to advertise, bid specifications will be prepared. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 28, 1992 Page 3 Director Campbell and Deputy Director - Williams will prepare the specs with Public Works Director Barnes. 4. Agenda Item No 7A 2nd Reading Ordinance No. 559. Adoption of Uniform Building Code, 1991 Edition and the Uniform Building Code Standards. 1991 Edition. The Ordinance, if approved, will adopt the 1991 edition of the Uniform Building Code and its companion, Uniform Building Code Standards. The City is currently using the 1988 Uniform Code, the previous edition. The Uniform Building Code is formally endorsed by the North Central Texas Council of Governments for use in the 16-county NCTCOG region. More than 80% of all cities in the region have adopted the Uniform Code, including Dallas, Fort Worth, Arlington, and all the cities in northeast Tarrant County. Standardization works to the benefit of code officials, builders, developers, architects, and home consumers in the region. The Code as presented for your consideration contains a local amendment to strengthen the roof covering requirements. 5. Agenda Item No 7B Ordinance No 560 2nd Reading. Adoption of the 1991 Uniform Code for Abatement of Dangerous Buildings. This is another of the model uniform codes. The local amendments provide notice requirements in keeping with State law, and provide for an appeal process. Note that the ordinance has provisions for an appeal board. This will be discussed as a separate agenda item (11C) if time allows. 6. Agenda Item 7C, Ordinance No 535 2nd Reading Amending Speed Limits on White Chapel between Continental and Bear Creek. The Ordinance will reduce the speed limit from 40 mph to 30 mph. Following reduction of the speed limit, a 4-way stop sign will be installed at the intersection of White Chapel and Continental. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest r February 28, 1992 Page 4 7. Agenda Item No 8A-8B Zone Change Request and Preliminary Plat of Pecan Lakes. Note the zoning will require a 3/4 affirmative vote for approval due to the protests of surrounding property owners. Also, a question of adverse impact on the area created by drainage from Arvida subdivision was raised. No damage or otherwise adverse impact created by Arvida has been determined. Staff is prepared to respond to questions concerning drainage. 8. Agenda Item No 8C Public Hearing for Consideration of Tri-County Electric Rate Increase. The City Council suspended the rate change request by Tri-County for 90 days, effective January 1, 1992. State law provides that cities may suspend rates to give time to adequately review the rate increase. Our staff does not have expertise to analyze rates, however, we did request additional data from Tri-County concerning their rates. Also, attached is a listing of how other Tri-County service cities responded to the request for rate change. In suspending the rates, City Council is required to hold a public hearing for consideration of the change. Mr. Ed Kelly will represent Tri-County at the public hearing. 9. Agenda Item No 8D Ordinance No 555 1st Reading. Approving the Tri-County. Rate Increase. Under the statute, if City Council takes no action, the rate increase will go into effect at the end of the suspension period. Should City Council wish to approve the increase, it should do so by ordinance as required by the City Charter. However, if City Council wishes to disapprove the request, this can be accomplished by voting against the ordinance as proposed. Then the request will be forwarded to the PUC. 10. Agenda Item No 9A Resolution 92-08 (ZA 92-02) Specific Use Permit for Petroleum Operations for Explorer Pipeline. Explorer Pipeline has no permit application pending. It is attempting to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 28, 1992 Page 5 bring its zoning from legal non-conforming to permitted use. The zoning was approved 9-18-90. 11. Agenda Item No 10C Ballfield License Agreement with the Baseball Association. The License Agreement as proposed, should address the concerns of the Council and the Baseball Association. However, there may be some provisions that will not be acceptable by the Association. We received the proposed agreement only this afternoon. We will try to get this in their hands today. 12. Agenda Item No. 11A. The Rockhaven Church in Grapevine is wanting to lease space in an I-1 district. This is not permitted under our ordinance. If City Council directs staff to prepare an amendment such as requested, the Church would probably proceed to lease space under the assumption that such an amendment would be subsequently approved. FYI, as long as the Church is leasing the space and is not the owner, we would still receive ad valorem tax on the property. The Church is apparently leasing until it can construct a new facility. 13. Agenda Item No 11C Appeals Board for Construction Codes. We have several alternatives to discuss. We need your direction before we prepare a proposed ordinance. 14 . Agenda Item No 11D Petition Pertaining to Deparment of Public Safety. We received this at about 4 : 30 p.m. today. I spoke brief ly with the attorneys. It appears that the proposed amendment is facially invalid in that it is defeated by the City Charter. To do what they seek requires a Charter amendment. We'll review in detail next week. Honorable Mayor and Members of City Council Agenda item Comments and Other Items of Interest February 28, 1992 Page 6 OTHER ITEMS OF INTEREST 15. Opinion from attorneys on Summer Oaks Day Camp is attached for City Council's review. Karen Gandy, Zoning Administrator, will send a letter to Mrs. Hutchins to inform her of the determination and her options, which are: (1) another location with the proper zoning for the relocation of the camp; (2) obtain proper certification, etc. , from the State as a day care center, and apply to the Board of Adjustment for a special exception under the zoning ordinance; (3) apply to the City Council for an amendment to the Zoning Ordinance to allow the operation of the day camp as an accessory use in a residential zone; and (4) cease operations. 16. Update on F.M. 1709 Fundinct Rectuirement. I spoke with Billy Hardie, District Design Engineer for the State Department of Highways, Thursday morning concerning this project and the status of our request for reconsideration of our participation cost. Mr. Hardie told me that Mr. Stone has taken the matter up through channels and that the matter is now before the chief administrative officer of SDHPT, Arnold Oliver, State Engineer Director, in Austin. Mr. Hardie told me we should have an answer within a week. Mr. Hardie also told me something else interesting. He "reminded" me that the cost estimate of $1.75 million is only for that portion of the F.M. 1709 project from F.M. 1938 east to S.H. 114. He pointed out that their correspondence of January 7, 1992 and March 16, 1990, were styled with a reference to this fact. He reminded me that we still are obligated for the portion from F.M. 1938 west to our city limits at Pearson, which will be another $250,000 ±. If so, this would place our "commitment" at approximately $2 million. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 28, 1992 Page 7 I didn't say anything in response other than to express surprise, however, the letter dated March 23 , 1987, from J.R. Stone (written by Billy Hardie) which estimated our cost of the project to be approximately $800, 000 referred to our portion of the entire project, i.e. , from U.S. 377 to S.H. 114 (see highlights on attached letters) . 17. Zoning Guide. Attached please find the ZONING GUIDE prepared by the City Attorney. This guide addresses some of reoccurring situations faced by the City Council, Planning and Zoning Commission, and the Zoning Board of Adjustment. Please place this with your ordinance for easy reference during the meeting. CEH/lc b:U-3-91 MEM City of Southlake,Texas M E M O R A N D U M February 28, 1992 i TO: Community Road Improvement Task Force Members and Other Interested Citizens I FROM: Gary Fickes, Mayor ' SUBJECT: MEETING TUESDAY, MARCH 10 at 7:00 P.M. CITY HALL On February 4, 1992 the Findings and Conclusions of the Road Improvement Task Force were presented to the City Council for review and approval. The City Council was very appreciative of the efforts of the Task Force over the past several months, and commend the Task Force members for the quality of their work. At that Council meeting, the Council accepted the Task Force recommendations, and requested the Task Force perform one last service. That service is the communication of the Findings and Recommendations to the citizens of Southlake in preparation for the May 2 Bond Election. To organize and implement this effort, I am requesting that you attend a vital meeting of the Road Improvement Task Force on Tuesday, March 10 at 7:00 P.M. in the City Hall Council Chambers. The Bond Election is only nine weeks away, so we need to launch an intensive community awareness program in a very short time. The types of activities that are anticipated in this effort are explaining to neighbors what the Task Force was all about, getting them to vote, working with the media and civic groups, putting up voter signs, and similar activities . We need all types of skills - those who are good at public speaking, those who are good at writing what the speakers say, those who can talk to their t community groups informally, and those with good ideas as to how to educate the citizens . As you are aware, the main roads in Southlake are in pretty sad shape, and will only get worse unless the Bond Election passes . In addition, until we fix these main roads, maintenance dollars will continue to be spent on patching them and not spent on repair of some of the smaller roads and residential streets that need maintenance as bad or worse than the main roads . This is our opportunity to begin communicating to our fellow j citizens the information gathered by the Task Force over the last j several months . The success of this effort depends on your participation and contribution. See you on Tuesday, March 10. I i ary Ficke , Mayor ROAD :XPROVEMENT TASK FORCE COMMUNITY AWARENESS MEETING M..ARC 1992 l� AGENDA 1. OBJECTIVES OF MEETING 2 . SUMMARY OF RECOMMENDATIONS PRESENTED TO COUNCIL 3 . COUNCIL ACTIONS - APPROVAL OF RECOMMENDATIONS - DIRECTIONS FOR NEXT STEPS - SCHEDULING MAY 2 BOND ELECTION 4 . OUR NEXT STEPS - SHIFT TO MARKETING FOCUS - MESSAGE THEME - EDUCATION (CLEAR, FACTUAL) - GET OUT THE VOTE - TIMETABLE OF EVENTS - ORGANIZATION - PRESS RELATIONS/ADVERTISING COMMITTEE - SPEAKERS BUREAU/NEIGHBORHOOD ASSOCIATIONS - NEWSLETTER/MAILINGS COMMITTEE - PHONE BANK/TURNOUT COMMITTEE - FUNDING (SEPARATE PAC REQUIRED) - FUNDRAISING (CORPORATE AND CITIZEN) - BUDGETING - ENDORSEMENTS -01-06 16:47 TEXAN �7-6459 P•002 JAN 5 i°C2 PUBLIC V%Or►: S DEPT, TEXAS DEPARTMENT OF TRANSPORTATION P. O. Box 6868 Fort Worth, Texas 76115 (817) 370-6532 January 7, 1992 CSJ: 1603-03-018 FX 1709: From 1938 to SH 114 Tarrant County Mr. Michael H. Barnes, P.E. Director of Public Works City of Southlake 667 North Carroll Avenue Southlake, Texas 76082 Dear Mr. Barnes: In regard to your letter of January 3, 1992, please be advised our latest estimate anticipates a City cost of approximately S1.750.000.00. This estimate does not include the. multiple box culvert construction located at the southeast intersection of FM 1709 and FM 1938 as requested in your letter of December 18, 1991. Adding the multiple box culvert will be an additional cost to the City. The above estimate is still preliminary and subject to change prior to letting. However, we do not anticipate any major changes. The City will be required to escrow their portion of the construction dollars 30 to 45 days in advance of the letting. An agreement covering this payment will be forwarded to the City for approval prior to the letting. if our office can be of any further assistance, please advise. Sincerely, Billy A. Hardie, P.E. District Design Engineer CRB:dh An Equal Opoortoniry Employer Y?m:791990 PUBLIC WOMM DEM COMMISSION STATE DEPARTMENT OF HIGHWAYS R0W H.DEDLZ.CHAIRMAN AND PUBLIC TRANSPORTATION AANOfrD W.OUN6t►.E. RAY STOKER.AL ]PAL am� V"YW e.DUOOLESTEN YMT WORM TXXAS MH-Wa • 0==24M March 16, 1990 C� CONTACT: FM 1709 From FM 1938 to SH 114 CSJ: 1603-03-016 Tarrant County Michael H. Barnes, P.E. Director of Public Works City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr . Barnes: In response to your letter dated February 14, 1990, we have prepared an updated estimate in order to arrive at the approximate amount for which the City of Southlake will be responsible. This estimate based on today's prices results in a City portion of approximately $1,400,000.00. The actual City portion will be based on the final bid prices at the time of bid letting. If you have any questions, please call me. Sincerel Hilly Hardie, P.E. District Design Engineer TB:mdf MARS �aa ' ,lop COMMISSION MTE DEPARTM ENT OF ffiGHWAYS V4Gr4EE&Q0tE=R FL L SIGI JR. ROBERT N.DEDMAN.CHAIRMAN AND PUBLIC TRANSPORTATION ROBERT C.UNIER P. 0. Box 6868 ' RAY STOKER.JR. Fort Worth, Texas 76115 March 23 , 1987 06. W REPLY REFER TO Control: 1603-03-016 Control: 1978-01-018 FM 1709: from US 377 to FM 1938: from FM 1709 S8 114 south to Rvmfield Honorable Lloyd Latta Mayor, City of Southlake 667 N. Carroll Southlake, Texas 76092 Dear Mayor Latta: This letter is in response to your recent letter requesting information concerning cost of curb and gutter and storm sewer for the above projects. The Fit 1938 project has been cleared environmentally and all public involvement has been satisfied. This project has been placed in the 4-Year Letting Schedule by action taken in Neve.mher, 1980 by the State Highway and Public Transportation Commission. Following acquisition of additional right-of-way which is required rear the intersection of FM 1709, we estimate this project will go to contract near the end of 1988 . There- fore, City funds for curb and gutter and storm sewer would be _ rewired in late 1988 . Our preliminary estimate for the cost of curb and gutter and storm sewer on this project is approxi-mately $120,000 . The Department is at this time advertising for an opportunity for a public hearing on FM 1709. Providing a public hearing is not requested, we believe this project could go to contract in -late 1988 or early 1989. Curb and gutter and storm sewer cost for your City for this project is currently estimated to be approxi- mately $800,000. Honorable Lloyd Latta March 23, .1987 Page 2. Please note that the above estimates are preliminary and will be firmed up as plans preparation on the projects progress. Should you have any further questions concerning these costs, and/or the time frame, please contact Mr. Billy A. Hardie at (817) 292-6510, Extension 232. Sincerely, q;eel J. R. Stone District Engineer BAR:dh FIELDING, BARRETT & TAYLOR CARvAN E.ADKLgS ATTORNEYS SusAN E.HuTausoN ROBFRT M.ALLIBON SUSAN S.JONES DANIEL R.BARRETT* 8851 HIGHWAY 80 WEST,SUITE 300 CmusTOPHER H.MOLLOY FORT WORTI I,TEXAS 76116 i rzAaErH ELAM TELEPHONE(817)560-0303 WAYNE K.OLSON %WJAVID FLELDLrG FAX(817)560-3953 TIN G.SRALLA" JossnuN-E GARRETT J.MARK SUDDERTH E.GLE.YN GIDEL E.AuEV TAYLOR,JR. DWAYNE D.Hrrr JA?&s P.WAGNER BOARD CERTIFIED PERSONAL INJURY TRIAL LAW— *BOARD CERTIFIED CIVIL APPELLATE LAW— TEXAS BOARD OF LEGAL SPECIALIZATION TEXAS BOARD OF LEGAL SPECIALIZATION CIVIL TRIAL SPECIALIST— NATIONAL BOARD OF TRIAL ADVOCACY February 25, 1992 R D 15 FS 2 61992 Mayor G ry Fickes OFf OF CI1Y {� Southlak ity Council Members City of uthlake 667 No arroll Avenue Southla Texas 76092 Re: Summer Oaks Day Camp Dear Mayor Fickes and Members of the City Council: At last Tuesday's City Council meeting, under "Public Forum", the operator of the Summer Oaks Day Camp, along with several supporting neighbors, made an emotional plea to the City Council that the day camp be allowed to continue in operation at its current location in the Whispering Dell Estates subdivision. It is my understanding that this subdivision has been zoned as SF-1, single family residential, since the day camp was reportedly begun as an accessory use to the existing residential dwelling about five years ago. Karen Gandy, the City Zoning Administrator, reviewed the factual background regarding the day camp and rendered an opinion, which in effect determined that a day camp is not a permitted use in the SF-1 zoning district. Ms. Gandy's opinion further concludes that the current ordinance makes no provision for the location of this type of use. We were asked to address several issues which came up at the Council meeting. The initial issue is whether the Summer Oaks Day Camp would qualify as a nonconforming use since it was purportedly in existence prior to the adoption of Ordinance No. 480, the current comprehensive zoning ordinance. Another issue is what options were available for the continued use of the day camp under Ordinance 480. Although no precise start up time was given by Ms. Hutchins, the operator of the day camp, the general consensus at the Council meeting was that the operation of the day camp began after the adoption of Zoning Ordinance No. 334 on August 19, 1986. I therefore conducted a review of Ordinance 334 to determine whether the operation of the day camp in an SF-1, single family residential district was a legal, permitted use under Ordinance 334 , thereby possibly giving the operator of the day camp the right to continue the use as a nonconforming use. As was mentioned by Councilman Wilhelm at the meeting, our current zoning Ordinance No. 480 grandfathers certain nonconforming Mayor Gary Fickes Southlake City Council Members February 25, 1992 Page 2 uses and allows them to continue, with certain restrictions. Section 6. 1 of Ordinance 480 provides in part: "Within the districts established by this ordinance or amendments thereto that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue (whether by the same or different owners or tenants) until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere within the same district. A nonconforming use of a structure or land shall not be extended or enlarged after passage of this ordinance by the addition of uses of a nature which would be prohibited generally in the district involved. " Therefore, if the Summer Oaks Day Camp were legally operating at the time of adoption of Ordinance No. 480, it would be authorized to continue in operation as long as the operation was not enlarged upon, expanded or extended. If this were the case, the operator of the day camp would have the duty and burden to prove the extent of the nonconforming use on the day that Ordinance 480 was adopted and this use could not be enlarged upon, expanded or extended in contravention of the terms of Section 6. 1. Although the question of enlargement is one of interpretation, the City would need to resolve the issues of whether the number of students, the types and numbers of activities, and the total acreage being utilized by the day camp could be increased by the day camp without it being considered an enlargement or expansion of a nonconforming use. Although this is an area of much debate by Texas courts, it is my opinion that the City could reasonably limit any increase in operations at the day camp under this provision if the City could show that such increase in operations would adversely affect the surrounding conforming properties. Before any of these issues are reached, however, the first step is to determine whether a nonconforming use exists. Mayor Gary Fickes Southlake City Council Members February 25, 1992 Page 3 To answer this question, we must look to Ordinance 334 to determine whether the day camp was legally operating (and therefore, entitled to nonconforming status) at the time of adoption of Ordinance No. 480. The SF-1 single family residential district in Ordinance No. 334 permitted agricultural, residential and community facilities uses. The agricultural and residential uses permitted in this zoning district are self-explanative. The community facilities uses are, however, somewhat vague. These permitted uses include: "Public, semi-public and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries, private boat docks, swimming pools and game courts, and other uses of a similar nature and character. " Day camps are not listed as a permitted use under this description, however, they are not listed as a permitted use anywhere else in the ordinance either. Under the standard rules of construction applicable to comprehensive zoning ordinances, when a particular use is not listed, it is necessary to review the ordinance as a whole to determine what zoning category allows the most similar types of uses, thereby rendering the unlisted use compatible in that zoning district. The issue is then whether it was the likely intent of City Council to allow the unlisted use in that zoning category, based upon the reading of the zoning ordinance as a whole. These sorts of questions or interpretations are initially made by the city's Zoning Administrator. (See Section 14 .3, Ordinance 334 . ) A person aggrieved by the Zoning Administrator's interpretations may appeal to the Board of Adjustment. From an objective reading of the community facilities uses which are permitted in the SF-1 district, it appears that the intent of the ordinance was to allow passive non-commercial type uses such as parks, lakes, pedestrian and bicycle paths, etc. Although this section of the Ordinance allows public, semi-public and private uses, an objective reading of this language lends itself to an intent to only allow those types of uses which would generally be seen in a public park. As further support for this interpretation, Section 5. 16 of the Ordinance provides for designated special exception uses which may be approved by the City Council. These types of uses include equestrian riding stables, dude ranches, and archery ranges. These types of commercial uses are probably more similar and more compatible with a day camp than the passive park- type uses permitted in the SF-1 district, thereby supporting an Mayor Gary Fickes Southlake City Council Members February 25, 1992 Page 4 interpretation that a day camp was probably not intended to be allowed in a single family residential district. Ordinance No. 334 further provides in Section 11.5, "It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof . . . until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this ordinance . . . " The obvious purpose of this requirement is to assure that uses such as day camps are reviewed by the proper officials prior to their start up in order to assure compliance with the ordinance. If a certificate of occupancy had been issued for the operation of a day camp, it would be logical to assume that the proper City officials had reviewed the situation at some time in the past and had determined that the use was proper. To the contrary, the absence of a certificate of occupancy would negate any acquiescence by City officials in the operation of that use. Under the above interpretation, the Summer Oaks Day Camp would not qualify as a use of land which was lawful before the adoption of Ordinance 480 and therefore, it would not be deemed a nonconforming use. It is my understanding that this is the Zoning Administrator's interpretation as well. It is also the Zoning Administrator's interpretation that such a use is not currently permitted under Ordinance 480. Therefore, what are the remaining options for the operator of the day camp? The first and most logical option is for the day camp to relocate to an appropriate zoning district. Just as with Ordinance 334 , Ordinance No. 480 does not specifically provide for the location of day camps. The Zoning Administrator would be the appropriate official to make a determination of which zoning category would allow the operation of a day camp either as a use by right or as a special exception use. Once this is accomplished the operator could apply for the appropriate zoning category on her property or more logically, find another location with the proper zoning for the relocation of the day camp. Another possible option is for the operator of the day camp to apply to the City Council for an amendment to Ordinance No. 480 to allow the operation of day camps as an accessory use in a residential zone. If such a request is made, the City Council may amend the Ordinance to allow such an accessory use only if it determines that the amendment is reasonable and is compatible with the other permitted uses in the single family districts. Mayor Gary Fickes Southlake City Council Members February 25, 1992 Page 5 I was also asked to address the City CouncillIs powers of amortization should the day camp be deemed to be a nonconforming use. Ordinance No. 480 does not currently provide for amortization of nonconforming uses. As a matter of fact, Section 6.1 specifically states in part: "It is the intent of this ordinance to permit these nonconformities to continue (whether by the same or different owners or tenants) until they are removed, but not to encourage their survival. " If the Ordinance is amended, however, to provide a specific amortization clause, including the methodology to accomplish same, it is my opinion that such a reasonable provision would be upheld by Texas Courts. The reasonableness of the amortization period is measured by the circumstances existing at the time that amortization is implemented. If the City has a view toward amortizing nonconforming uses, it should adopt specific amortization provisions in the zoning ordinance and send out official notices to specific property owners in order to implement the amortization process. The key to the reasonableness of an amortization period is whether the property owner has been given a reasonable period of time for the recoupment of his investment. In a case such as the day camp, it is likely that the total investment of the day camp would be minimal, thereby allowing a fairly short amortization period. However, I strongly recommend that the City give a more than reasonable amortization period for any nonconforming use. The reason for this is that most property owners perceive an amortization of their use to be fundamentally unfair and therefore, they are inclined toward litigation. By giving property owners enough advance notice, the City would be able to better defend its position from both a fairness and purely legal perspective. There are several Texas cases which are applicable to the theory of "recoupment of investment" . I will be glad to provide these to the Council should you desire. If you have any questions regarding this matter, please feel free to give me a call. Very truly yours, Wayne Olson Mayor Gary Fickes Southlake City Council Members February 25, 1992 Page 6 WKO;lgs sWickes.0�01 cc: ✓Mr. Curtis Hawk, City Manager Ms. Karen Gandy, Mr. E._ Allen Taylor, Jr. ZONING GUIDE FOR CITY COUNCIL PLANNING AND ZONING COMMISSION AND ZONING BOARD OF ADJUSTMENT February 1992 a Some problems seem to reoccur; therefore, in an effort to deal with these situations, the following questions and answers are going to be provided to all Planning and Zoning Members. Zoning Questions 1. Can the area of land subject to a zone change be increased? No. The reason a zone change area cannot be increased is that there would not be a proper notice for the increased area. For a zoning change to occur, all the land subject to the zone change must have been set out in the notice, which is mailed to adjacent property owners. This notice is required by State statute and the City's zoning ordinance. 2. Can the area of land subject to a zone change be reduced? Yes. In this case the people who would be affected by a zone change have been notified. The fact that a change has been made only on a portion of the area is in no way (W injurious to the neighbors. The neighbors have been notified of the most amount of land subject to a zone change. 3. Can the area of land subject to a zone change be zoned to a more intense (less restrictive) use than it was advertised? No, the neighbors would not have a proper notice that a more intense use of the property was proposed. The notice would be inadequate. 4. Can the area of land subject to a zone change be zoned to a less intense (more restrictive) use than it was advertised? Yes. The neighbors have no basis to complain if a more restrictive district is recommended. A more restrictive use is one contained in a lower cumulative zoning district. THE DECISIONS IN THE ABOVE SITUATIONS ARE BASED ON NOTICE. PROPER NOTICE SHOWING THE MOST DRASTIC CHANGE TO BE CONSIDERED IS A PREREQUISITE TO A VALID ZONE CHANGE. s1ake\zcning.9de(21992) '1' 5. Can the Planning and Zoning Commission, on its own motion, reduce the area of land or reduce the intensity of zone change even if the proponent doesn't want either or both changes? Yes. The Planning and Zoning Commission has the power to recommend more restrictive zone changes and the power to reduce the area to be changed even if the proponent is opposed to the changes. 6. Does the City Council have the power to reduce the area of land subject to zone change? Yes. The City Council may reduce the land subject to a zone change upon a recommendation by the Planning and Zoning Commission or upon its own motion. 7. Does the City Council have the power to zone property to a less intense (more restrictive) use than was considered by the Planning and Zoning Commission? Yes. The City Council zones property in the best interest of the public. All zoning in the city must respect the City Is Comprehensive Plan, must substantially promote the public health, safety, morals, and welfare, and must be reasonable. The City Council is charged with making these determinations regardless of whether the property owner has applied for the change in zoning. When the Council down zones property on its own motion, however, courts will tend to review the down zoning under a stricter scrutiny to determine whether the adopted zoning violates substantive due process or denies the property owner reasonable use of his land. A related issue is whether the City Council should first send a proposed down zoning back to the Planning and Zoning Commission for a recommendation before taking final action. Although Texas law is unclear, there exists case authority that any kind of report from the Planning and Zoning Commission is adequate for the City Council to take action. The principles applicable are as follows: 1. The uncertainty that exists in Texas law. 2. A belief that it is desirable for the Planning and Zoning Commission to consider all proposed districts before the Council acts. 3 . The confidence the City Council has in the Planning and Zoning Commission's decisions. slake\zcning.9de(21992) -2- Therefore, before the City Council votes on whether to down zone property, it may wish to send the case back to the Planning and Zoning Commission for a reconsideration and recommendation. 8. If a zone change is denied by the City Council, can the proponent request the same zone change at its nest meeting? No. Under the City' s Comprehensive Zoning Ordinance, when a zone change request is denied, the same request cannot be reconsidered for six (6) months from the date of denial unless the application was denied without prejudice. 9. If the same zone request can't be made for six (6) months, does that mean no zone changes can be considered on the property? No. It just means that the same change cannot be requested. The zoning ordinance prohibits a property owner from filing a zoning application for the same action on the same property. Whether the zone request is similar enough to the original application so as to constitute the same action is a question of fact to be determined by the Planning and Zoning Commission. The original request might be for C-2 and be denied. A later request for C-1 might be found by the Planning and Zoning Commission to not be a similar request. The proponent might also add to or delete land that is subject to his rezoning request. These factors would also be considered. Therefore, zone changes on the property can be made. lo. What is spot zoning and is spot zoning legal? No. Spot zoning is not legal. The zoning laws require that zoning be "in accordance with a comprehensive plan." In order to amend its ordinance to rezone an area, "a change of conditions" must be shown. The term "spot zoning" is used in Texas to note an unacceptable amendatory ordinance that singles out a small tract of land for treatment that differs from that accorded similar surrounding land and violates the comprehensive plan without proof of changes of conditions. Spot zoning is regarded as a preferential treatment which defeats the objectives of a pre-established comprehensive plan. In determining whether a rezoning constitutes spot zoning, a court will look at four factors: 1. Whether the rezoning respects the comprehensive plan; slake\zcning.9de(21992) -3- 2. The nature and degree of adverse impact upon neighboring lands; 3 . The suitability or unsuitability of the tract for use as presently zoned; and 4. Whether the rezoning bears a substantial relationship to the public health, safety, morals, or general welfare. The power to amend cannot be arbitrarily exercised. It cannot be exercised merely because someone wants it done. Amendments can be made when the public good demands and requires it be done. When the adjoining landowners buy their land, they have a right to rely upon the classification which existed at the time the purchase was made. Some possible factors for the Council to consider in determining if spot zoning exists are the following: 1. Have the structures in the area declined or changed? 2 . Has the neighborhood or area changed from one use to another? 3 . Has there been a traffic flow change? 4 . Will this change conform to the Comprehensive Plan? 5. Are there any other pieces of property available for this use? 6. Will the change be compatible with existing property uses in the area? 7 . Will the change increase traffic in the area? 8. The size, shape, and characteristics of the tract. 9. In relation to the surrounding area, will the zone change be a zone change not conforming to adjacent uses or would it fit in with the Comprehensive Plan? 10. Can the public works infrastructure support the proposed change? 11. Can the Planning and Zoning Commission or City Council restrict the proponent's zone change to a particular kind of . , activity? No. If you mean - can I restrict a zone change request say for C-3 General Commercial District for a commercial slake\zanin9.gde(21992) -4- art gallery, to just a commercial art gallery? Once the property is zoned for a particular use, all uses that are allowed in that district may be placed on the property. This should be considered when property is rezoned. Sometimes a proponent is unable to complete a sale, due to no fault of the proponent. The property would be rezoned and could be bought by a new owner and used for anything allowed in the C-3 district. The City Council may of course restrict the use of property to limited, specified uses under an S-P-1, S-P-2 , or PUD zoning district. These districts allow the City Council to tailor-fit the zoning ordinance to the property and its surroundings. 12. Can structural restrictions be placed on the zone change? No. Special physical conditions such as fences, hedges, lighting, etc. , cannot be required as a condition of a zone change unless specifically authorized in the zoning ordinance. Many of these conditions, however, are specifically authorized in conjunction with site plan approval for S-P-1, S-P-2, PUD, and other uses. 13. Can we bargain with or enter into an agreement with the proponent to get safeguards we desire before zoning the property? No. Contract zoning is not allowed in Texas. Contract zoning occurs where the Planning and Zoning Commission or City Council bargains with the landowners to allow favorable zoning if the landowners will do certain things. The reason this approach is illegal is that zoning is a governmental function that cannot be contracted away. The more that conditions appear to be part of a contract, the more likely it is the zone change can be challenged. Conditional zoning, unlike contract zoning, has become accepted in Texas, and would allow the Planning and Zoning Commission or the City Council to place conditions on uses of property, as in the S-P-1, S-P-2, and PUD districts. 14. Can the Planning and Zoning Commission initiate a zone change? Yes. The City's Comprehensive Zoning Ordinance authorizes either the Planning and Zoning Commission or the City Council to initiate a study to see if land should be rezoned. This study and rezoning may take place even if the proponent is opposed to the change. slake\zcning.9de(21992) -5- 15. Is a super majority vote ever required to approve a zoning change? Yes. The City' s Comprehensive Zoning Ordinance provides that a three-fourths (3/4) vote of the City Council is required to approve a zoning change that has been recommended for denial by the Planning and Zoning Commission. In addition, state law requires a three- fourths (3/4) vote of the City Council to approve a zoning change that has been protested in writing by the owners of twenty percent (20%) of the land covered by the proposed change or the land within 200 ft. of the proposed change. 16. What is the relationship of planning to zoning? The zoning regulations must be made in accordance with the City's Comprehensive Plan. Changed conditions such as noted in the discussion of a spot zone must be shown to justify a zone change. The logical way to show that the public health and welfare necessitates a change is through a plan or study. Planning and Zoning must therefore go together. 17 . What is a Comprehensive Plan? The State Zoning Enabling Act requires that zoning regulations be adopted in accordance with a comprehensive plan. A comprehensive plan analyzes the community's growth and development trends and potential, determining the most desirable direction for growth, and takes into consideration the availability and necessity of transportation, utilities, schools, parks, capital improvements, and other community services necessary to accommodate and facilitate the desired land uses. The comprehensive plan might be likened to a planning process, whereas the zoning ordinance and zoning map operate to implement that planning process. The comprehensive plan formulates the goals of the city regarding land use and serves to guide the Planning and Zoning Commission and City Council in how to zone property within the city. It should be remembered that the comprehensive plan should always be reviewed and respected by the Planning and Zoning Commission and City Council in making a rezoning decision. However, the comprehensive plan is not etched in stone and does not bind the City in making zoning decisions. In Southlake, the City's Comprehensive Plan consists of a Land Use Plan, a Water System Plan, a Sanitary Sewer System Plan, a Storm Drainage Plan, a Park System Plan and a Major Thoroughfare Plan. Typically, a comprehensive plan will also contain transportation and other public improvement elements. s1ake\zcnin9.9de(21992) -6- Platting Ouestions 1. Can a plat be tabled? No. Under state law, a plat is automatically approved if it is not disapproved within 30 days after it is filed. Therefore, unless consideration of a plat is continued upon the request of the applicant, the Planning and Zoning Commission must disapprove the plat within that time period. Otherwise, it will be approved by operation of law. 2. Can a plat that is disapproved be considered at the next meeting? Yes. There is no time period that you must wait before asking for reconsideration of a plat. Of course, all filing and notice deadlines must be complied with in order for the Planning and Zoning Commission to review a plat which is resubmitted. 3. Can a plat be approved subject to staff working out certain problems? No. The plat must be approved or disapproved with specific conditions set out. If, for example, the only defect is that the proponent failed to sign the plat, it may be approved subject to this specific blank being filled in. If a road is, by oversight, not put in from a specific point to a specific point, the plat may be approved subj ect to it being put in as set out in the motion. If a mere ministerial act has not been completed, the plat may be approved. Plats not filled in and not completed may not be approved subject to working out the details. The Planning and Zoning Commission cannot delegate to the staff its responsibility to ensure that the plats conform to the general plans, rules, and regulations of the city governing streets, alleys, parks, and other community facilities. 4. If a plat conforms to all the laws, must the Planning and Zoning Commission approve the plat? Yes. If the plat conforms to the general plan of the city, its streets, alleys, parks, playgrounds, public utility facilities, sewer, water, and all general rules and regulations governing plats, then it shall be the duty of the City Planning and Zoning Commission to approve the plat submitted. slake\zcning.9de(21992) -7- 5. If a plat is denied by the Planning and Zoning Commission, can it be approved by the City Council? Yes. The Planning and Zoning Commission makes a recommendation to the City Council on each preliminary and final plat submitted to the City. The City Council has final authority on the approval or disapproval of any plat. Unlike zoning applications, a simple majority vote of the City Council is all that is necessary to approve a plat that has been denied by the Planning and Zoning Commission. 6. Is a super majority vote ever required to approve a plat? Yes. Under state law, certain residential plat revisions require a three-fourths (3/4) vote of the Planning and Zoning Commission and City Council in order to be approved. This super majority vote is only required if a written protest is filed by the owners of twenty percent (20%) the area of the lots or land in the original subdivision which is within 200 ft. of the proposed plat revision. Some problems seem to reoccur; therefore, in an effort to deal with these situations, the following questions and answers are going to be provided to all Zoning Board of Adjustment Members. 1. Can the area of land subject to variance or special exception be increased? No. The reason a variance or special exception cannot be increased is that there would not be a proper notice for the increased area. For a request to be granted, all the land subject to the request must have been set out in the notice, which is mailed to adjacent property owners. This notice is required by City Ordinance. 2. Can the area of land subject to a variance or special exception be reduced? Yes. In this case, the people who would be affected by a variance or special exception have been notified. The fact that a change has been made only on a portion of the area is in no way injurious to the neighbors. The neighbors have been notified of the maximum amount of land subject to the variance or special exception. slake\zaning.9de(21992) '8' THE DECISIONS OF THE ABOVE SITUATIONS ARE BASED ON NOTICE. PROPER NOTICE SHOWING THE MOST DRASTIC CHANGE TO BE CONSIDERED IS A PREREQUISITE TO A VALID VARIANCE OR SPECIAL EXCEPTION. 3. Can the Zoning Board of Adjustment, on its own motion, reduce the area of land even if the proponent doesn't want the change? Yes. The Zoning Board of Adjustment has the power to approve a variance or special exception up to the original request and the power to reduce the change even if the proponent is opposed to the change. 4. If a variance or special exception is denied by the Zoning Board of Adjustment, can the proponent request the same change at the next meeting? Yes. Unlike zone changes, there is no limitation on reapplication for a variance or special exception. Of course, all filing and notice deadlines must be complied with in order for the Zoning Board of Adjustment to review the new variance or special exception request. 5. Can structural restrictions be placed on the variance or special exception? Yes. A fence, hedge, or other physical conditions can be included as a condition of approval of a variance or special exception. The zoning ordinance allows the Board to prescribe appropriate conditions and safeguards on any granted variance or special exception. These conditions must be reasonable. 6. Can we bargain with or enter into an agreement with the proponent to get safeguards we desire before granting a variance or special exception? No. Just as with contract zoning, bargaining for a variance or special exception is not allowed. Contract zoning occurs when the Board bargains with the landowner to allow a favorable decision if the landowner will do certain things. The reason this approach is illegal is that the consideration of a variance or special exception is a governmental function that cannot be contracted away. The more that conditions appear to be part of a contract, the more likely it is that the variance or special exception can be challenged. This does not affect the Board's right to require reasonable conditions s1ake\zcning.9de(21992) -9- as it deems necessary to protect surrounding properties whenever it grants a variance or special exception. 7 . What is the relationship of the Zoning Board of Adjustment to the Planning and Zoning Commission? The ZBA is the escape valve for the zoning ordinance. When the land doesn't fit the ordinance mold, the Board is authorized to act as prescribed by state law and City ordinance. 8. What are the powers of the Board as prescribed by state law and City ordinance? The powers of the Board fall into three (3) areas. (1) Administrative Review. The Zoning Board of Adjustment is charged with hearing appeals from orders, requirements, decisions, or interpretations of the Zoning Administrator. The role of the ZBA is to merely interpret the zoning ordinance to determine what is or is not allowed. The Board's function is not to rewrite the ordinance, but to fill the gaps. The Planning and Zoning Commission and City Council legislate or write or rewrite the ordinance. (2) Special Exceptions; A special exception permit may be granted for individuals when the granting of the permit will not adversely affect the public interest. A special exception permit is an unusual use that is expressly permitted by the City's Comprehensive Zoning Ordinance itself. The only special exceptions that may be granted by the ZBA are those specifically listed in Section 44.12 of the Zoning Ordinance. A concept or plot plan is required to be submitted with all applications for a special exception. In granting a special exception, the Board should find that the special exception is wholly compatible with the use and permitted development of adjacent properties. Special exceptions are designed to control those uses which, by their nature, should not be allowed to exist in certain areas until after a public hearing has been held to determine whether or not that special use will adversely affect the surrounding area (the public interest) and the City of Southlake. (3) Variances. Unlike special exceptions, the ZBA may grant variances to the terms of the zoning ordinance where it deems appropriate, as long as they meet the s1ake\zoning.9de(21992) -10- f requirements of the ordinance and state law. The requirements for a variance are as follows: a. That special conditions and circumstances exist which are peculiar to the land or improvements involved and which are not applicable to other lands or improvements thereto in the same district. b. That literal interpretation of the provision of the zoning ordinance would result in unnecessary hardship to the owner of the property. C. That the granting of the variance will not confer on the applicant any special privilege that is denied to other properties in the same district. d. That the special conditions and circumstances do not result from the action of the applicant. Possible questions to address to the applicant would be the following: 1. Are there any peculiar topographical features of your lot? Does it have peculiar shape? Is there any creek or hill or other peculiar conditions that exist on your property? 2 . Can the building or structure be relocated on the lot in a manner which would conform with the ordinance? ALL OF THE ABOVE 4 CRITERIA MUST BE SATISFIED. Variances are proper only in exceptional cases. If it is clear that everyone should be allowed to build closer than what is presently allowed, a request that setbacks be examined is in order. If the ordinance is too restrictive, the City Council should amend it. 9. Is there any limitation on the power of the Board to grant variances, if the criteria is satisfied? Yes. The ZBA's power to grant variances is typically limited to varying the zoning ordinance's development regulations in appropriate cases. Under the stated guidelines, the Board can grant a variance to the height, setback, number of stories, lot coverage, or similar development of a structure. The Board cannot grant use variances. The Board could not, for example, allow a slake\zcning.9de(21992) -11- r 4 proponent to operate a restaurant in a residential district. The power to legislate or rezone is specifically reserved to the Planning and Zoning Commission and the City Council. Except for this restriction on use variance, the Board may, when the criteria for variance is satisfied, grant a variance on most provisions of the Zoning Ordinance. The Board should also be careful not to usurp the intent of the zoning ordinance when it grants a variance. For example, the SF-lA and SF-lB Single Family Residential Districts contain identical use and development regulations except that the minimum floor area of the dwelling must be 2000 square feet in an SF-lA district and 1500 square feet in an SF-lB district. If an applicant in an SF-lA district desires to build a 1950 square foot dwelling, this might be appropriate for the Board to rule on. However, if he desires to build a 1550 square foot structure, this should more appropriately be referred to the Planning and Zoning Commission for a rezoning to SF-lB. 11. How many affirmative votes does it take to overturn a staff decision or approve a variance or special exception? Four (4) affirmative votes are required for the Board to overturn a staff decision or approve a variance or special exception. 12. If a variance or special exception is denied by the Board, can it be appealed to the City Council? No. All decisions of the ZBA are final. An appeal of the Board's decision is by writ of certiorari to the District Court. The only issue before the court is the legality of the Board's decision. The District Court can overrule your decision only if it finds no reasonable person could have made the same decision as the Board did, which is quite a heavy burden of proof. s1ake\zoning.gde(21992) -12- - a 1,'� TES PoS z21C c� a0W e art+tea FEB ` 8 SM United States CR Postal Service °A� February 26, 1992 Mr. Curtis E. Hawk City Manager 667 N. Carroll Ave. Southlake, TX 76092-8898 Dear Mr. Hawk: We are in receipt of your letter referencing Resolution 92-06. We will begin a feasibility study to determine the impact of changing the ZIP Code boundaries. We will keep you informed on the progress of this study. Please feel free to contact the Address Information Systems Office, (817) 625-3680, if you have any questions. Sincerely, AQWL� D. L. McWhorter Acting MSC Manager/Postmaster United States Postal Service 4600 Mark IV Parkway Fort Worth, TX 76161-9998 DANIEL O. ABSHER Vaw , 410 SHADY LANE SOUTHLAKE, TX 76982 FEB 211992 February 18, 1992 OFFICE OF Mayor Gary Fickes Cral EC £T City of Southlake 667 North Carroll Ave . Southlake, Texas 76092 Subject: Southlake Plaza Sewage Outflow Dear Mayor Fickes : The purpose of this letter is to make you aware of the situation that exists at the Southlake Plaza and to ask for any help that you may be able to provide . I also will point out some possible actions that the City of Southlake can take to help alleviate the problem. I have lived at my current address for about a year with my wife, Kay. I am a long time homeowner in Southlake . I bought 2621 Rolling Lane in 1972 and have lived in Southlake since then. I remember the opposition to Southlake Plaza being built and signed a petition in opposition, but the problems that it has caused have not been really close to me until moving to the second home north of it. The Southlake Plaza has a large septic tank called a "Package Sewage Treatment Plant" . It discharges a lot of water. The continuing discharge has made it next to impossible for my neighbor, Mary Dunn, to live in her house and it is causing a lot of problems for me . I have not tested the effluent that comes out of this place, but it stinks and has enough nutrients in it that green and black moss and scum love to grow in it. Puddles or ponds exist all around the facility. When I became aware of this problem, I thought that Tarrant County was the agency responsible for such things as wastewater and related Public Health regulations . What I have learned from phone calls is that the City can't do much and believes that it is the County' s problem. Tarrant County tells us that it is ,out of their hands" and the problem belongs to the Texas Water Commission. The TWC is unwilling to act on this problem and tosses it back to the County. No agency is willing to enforce its own laws and regulations, except for writing letters which are ignored and are not followed up. My understanding from conversations that Kay and I have had with various City, County and State representatives is that they believe that this is a real problem which should have been solved a long time ago . My project now is to try to help solve it. City Ordinance No . 75 was cited in two 1983 letters from Mayor Sam Sparger to the then current owners of SLP. I believe that several provisions of this ordinance which apply to this situation are being violated regularly by the management of SLP. They are : 2 .A, Nuisances, breeding place for flies . 2 .E, Nuisances, sewage, human excreta, wastewater. . . . .discharged in such a way as to be a potential instrument or medium in the transmission of disease . 2 .G, Nuisances, Any collection of water in which mosquitoes are breeding. . . . . 2 .K, Nuisances, The maintenance of any. . . . . . overflowing septic tank. . . . . . . 3 .A, Abatement, Any person, possessing any place on which there is a nuisance shall , as soon as it comes to his knowledge, proceed at once and continue to abate the said nuisance . 5 .A, Disposal of Human Excreta, . . . . .the manner of disposal shall be sufficient to prevent the pollution of surface soil . . . . 5 .B, Disposal , Effluent disposal which . . . .does not create a nuisance . The enclosed letters are examples of what the city of Southlake has done and can do to get the attention of people who are violating the laws . The County and the State do nothing except write letters which are so weak that anyone would ignore them. The copies of correspondence which I am including with this letter will provide more information. Your Mr. Eddie Wilson has been very helpful , as has the staff in City Hall Records . Sinc ely, Daniel O. Absher Enclosures : Letter, Mr. C. D. Gill , TWC, to Lemont Savings, 1/29/92 Letter, D. Absher to TWC, Mr. Gill , 2/17/92 Letter, D. Absher to TWC, Ms . McGinley, 2/13/92 Letter, City of Southlake to Great Texas Development, 5/4/83 Letter, City of Southlake to Great Texas Development, 7/27/83 Letter, Kirk Fuqua, TWC, to Newmarket Management, 3/8/91 w/comments Southlake Plaza Water Consumption, 1/90 through 1/92 fry 04A John Hall, Chairman B.J.Wynne, III, Commissioner Pam Reed, Commissioner TEXAS WATER CONIMISS16N PROTECTIVC 7E.L4.VS'11L4L771A.YD.5.4FM'BYPREtl&%77SG.4%'D REDUCISC POLLU770S January 29, 1992 CERTIFIED MAIL NO. P 903 819 978 /l/j, RETURN RECEIPT REQUESTED Mr. Michael R. Kucinic, Jr. , President Lemont Savings Association 1151 State Street Lemont, Illinois 60439 RE: Complaint No. EF-9112532 Permit No. 13315-001 Southlake Plaza Shopping Center Southlake, Tarrant County Dear Mr. Kucinic: On December 18 , 1991, a member of my staff, John Mummert, met with representatives of the City of Southlake and the Tarrant County Health Department regarding continuing problems with the wastewater treatment facilities serving the Southlake Plaza Shopping Center. Mr. Mummert also visited the treatment facility site that same day. The following problems were apparent during this investigation: 1. City and County staff have reported observing the recurring discharge of wastewater from the treatment facl—lity--to- adj,a,cent property on -the north side. During the most recent Texas Water Commission (TWC) permit compliance inspection of the facility in May 1990, the subsurface drainfield was observed to be in very poor condition. Effluent was observed sur-f-acing and flowing off the drainfield at that time. A follow-up inspectiori conducted in September 1990 noted the continuing presence of standing p9_91s of water on the surface of the drainfield. Letters were sent to Mr. Robert Grunnah, If the permit holder at that time, requesting correction of this problem. A response letter from Mr. James Hankins, New-market Management, reported that a consulting engineer had been hired the of We have no record of e results to study the problem. this study, or of any corrective action taken. Permit No. 13315-001 authorizes only subsurface disposal of wastewater at this site. No discharges from the site are (WWI authorized. Furthermore, the permit states that REPLY TO: DISTRICT 4 / 1019 N. DUNCANVILLE ROAD / DIINC-ALNVILLE,TEXAS 751](r2201 / AREA CODE 214/298b171 / METRO 299-6951 P.O.Box 13087 0 17700 North Congress Avenue 0 Austin,Tcxas 78711-3087 0 512/463-7830 1,1Z I ;,I 11) Ij(-I(11.1)]-A]'I k Mr. Michael R. Kucinic, Jr. Complaint No. EF-9112532 , Permit No. 13315-001 Page 2 January 29 , 1992 "The drainfield shall be designed and managed so as to prevent ponding of _effluent or contamination of ground and surface waters and to prevent the occurrence of nuisance conditions in the area. " During the interim, any necessary steps should be taken to eliminate any discharge of effluent from the facility. This U' may include using a Texas Department of Health registered was hauler to transport the effluent to another permitted treatment facility. Please investigate this problem, and provide a plan and schedule for correction. 2 . It is n ar at ^this time if the Southlake Plaza treatment - facility-is being operated by a certified wastewater treatment plant operator. Permit No. 13315-001 and Title 31 Texas Administrative Code (TAC) Chapter 325 . 4 require that this facility be operat.e-d and maintained by an individual holding at least a ,Class D certification issued by the TWC. Please f provide the 'name and a method of contact for the current (%W operator of this facility. 3 .� The Southlake Plaza treatment facility is authorized to treat a daily average flow of 1500 gallons per day (gpd) . City water use records for the past year indicate the shopping center used more than 100, 000 gallons in at least one month, and more than 200, 000 gallons during another month. Under these conditions the daily average flow to the treatment plant will be in the vicinity of 3200 to 6700 gpd, greatly exceeding ^ � the permit limit and the capacity of the system. Excessive flow to the treatment system May be a__factor in the disposal field problem. Please investigate this to and outline the steps to be taken to keep plant flow within permitted limits. O 4 . During the December 18 , 1991 visit to the site, the fence surrounding the treatment plant and drainfield was observed to be in a state of disrepair. A section of the southeast corner had been pulled apart, allowing access to the facility. Damage was also visible at several points along the north side of the fence. Access to the facility could result in vandalism of the plant or injury to the intruder. Title 31 TAC Chapter 317 .7_f-el___-requires that plants "be completely fenced and have lockable gates at all access points. " Please ensure that repairs ' are made to the fence as quickly as possible. Mr. Michael R. Kucinic, Jr. Complaint No. EF-9112532 , Permit No. 13315-001 Page 3 January 29 , 1992 lease provide this office with a written response, addressing corr he items noted above, by February 28 , 1992 . If you e ion o or your staff have any questions, please contact John Mummert at 1019 North Duncanville Road, Duncanville, Texas 75116-2201; telephone (214) 298-6171. sincerely, �I U-cc�� C/ U-- Charles D. Gill q District Manager e JM:bb cc: Mary Dunn, Southlake Kirk Fugua, Tarrant County Health Department Ernest Bramlett, City of Southlake Jennifer Sidnell, TWC Wastewater Enforcement Section Marian Rollins, TWC Field Operations Division 1 DANIEL O. ABSHER 410 SHADY LANE SOUTHLAKE, TX 76092 February 17, 1992 Texas Water Commission Precinct 4 1019 N. Duncanville Rai . Duncanville, TX 75116-2201 Attention: Mr. Charles D. Gill District Manager Subject : TWC Permit 13315-01 for Operation of the Southlake Plaza Wastewater Treatment Facility References : Your letter 1/29/92 to Lemont Savings Assoc . My letter 2/13/92 to Ms . McGinley, your office Dear Mr. Gill : Had I been aware of your referenced letter, I would have phrased my letter to your office differently . I received a copy of your letter from my neighbor, Mary Dunn, Friday night. I was not aware of any current correspondence between the TWC and the owners/operators of Southlake Plaza . I wish to emphasize to you the requests made in my letter of 2/13/92 to Ms . Mcginley, copy enclosed. My wife, Kay, and I have collected information and made several telephone calls and have had visits from local authorities and a P! Pat Fish, the operator of the SLP treatment plant . My understanding of these conversations is that everyone will admit that there is a problem and nobody will admit any responsibility for it . The main reason for this letter is to make you aware of the problem and to demand that the Texas Water Commission take action to enforce its own rules and regulations as specified in the Permit. THE PROBLEM The sewage disposal system at Southlake Plaza is creating a nuisance and a health hazard to nearby residents . It has done so for many years . The sewage disposal system at Southlake Plaza is not operated and maintained in accordance with the license issued by the TWC . The sewage system at Southalake Plaza does not, cannot and never could handle the discharge flowrate that it is licensed for, while meeting the permit requirements . It certainly cannot handle the flowrates which have been greatly in excess of its design rates P 2 which has been the case as documented in the enclosed water usage records . The existence and operation of this sewage system has, for more than 10 years , caused nuisance conditions for Mary Dunn. The use of the term "nuisance" fits the dictionary definition and the City of Southlake definition. I would like to know if the TWC ' s definition is any different . Mary Dunn, 328 Shady Lane , whose house adjoins the SLP property on the North, has not been able to live in her home since last summer because her septic system will not work. She has a large system which is in good repair and she lives alone . I , Dan, and Kay Absher and Kay ' s daughter, Rhonda live at 410 Shady Lane . Our property line is approximately 200 feet north of Southlake Plaza to the North of Mary. We have two septic tank systems with two 500 gallon tanks each with plenty of drainfield which have worked well for many years . We recently had them pumped and inspected when problems arose . The effluent flow from Southlake Plaza, in addition to growing green slime all around, and making Mary Dunn' s home unlivable, has been surfacing on and running on to our property . This has created a situation in which we cannot live here and enjoy our rights as property owners . I have documentation for all of these claims including: Photographs of water in our yard which appeared overnight with no rain to cause the water. Witnesses including neighbors and Southlake Policeman who saw effluent running out of the SLP drainfield to the North across Mary ' s property and on to ours . I have dug post-size holes in the yard in several places to gauge the ground water level . On the South side of our property, after several days without rain, the holes are seen to be full to running over with the influx of ground water. When one ' s septic system drainfield is continuously covered by water from someone else ' s surface runoff (SLP) , there is no way that it can operate as designed. If the conditions were the same when the percolation tests were conducted as they are today (or for the last several years, for that matter) , this place could not have been built by the county regulations which were in effect at that time . After living with this situation for some time, I have begun to see the thinking that led to the one family per acre zoning restriction which has been in effect for many years in Southlake, except when 3 some developer manages to subvert the system. I understand that 1991 was a record rainfall year. In anticipation of a possible rebuttal , I point out that there is no exception, disclaimer or waiver in the license for excessive rain conditions . One is not supposed to dump sewage on someone else ' s property. The system discharges into 10, 000 square feet, about 1/4 acre . It handles the equivalent of many single family homes . It is licensed for "treated domestic wastewater" according to the hearing examiner ' s proposal publicly heard on June 15 , 1987 . Look in your Webster ' s and I think it will define domestic the same as mine . That ' s not domestic . A typical family of four uses 5000 gallons per month for household uses . Southlake Plaza is LICENSED for 45, 000 gallons per month which is dumped into a 1/4 acre "drainfield" . This is approximately nine times as much as a single fanily uses, except for yard watering. Where do you think this goes? On to the property of the neighbors who are unfortunate enough to live downhill from this licensed facility . Refer to the enclosed water usage records for the amounts really dumped on to the downstream neighbors . REQUESTED ACTIONS: Enforce the State laws and the terms of Permit No . 13315-01 . Just read the license, and all of the problems that we ' re complaining about will be seen to be addressed. -Ponding -Effluent contamination •Nuisance conditions -Transfer of permit -Change of control or ownership -Plant maintenance -Contamination of ground or surface waters . Even if the effluent was pure Rocky Mountain Spring Water. It continue to be disastrous . The fact that it is untreated sewage makes it untenable. SUGGESTIONS ON HOW YOU SHOULD RUN YOUR BUSINESS My taxes pay your salary. For some reason, you are my employee but I didn' t hire you and I can't fire you. I can tell you how to do your job, but you don't have to pay attention. That is the subject of the rest of this letter. I offer the following comments on your letter of 1/29/92 to Lemont Savings Association. 1 . Your problem No . 1 (which I addressed in my referenced letter) does not demand any action. Your letter should state : You are required to furnish the name, address and telephone number of the Class C operator license holder who is in charge of the 4 operation of your plant. The TWC has no evidence to substantiate your statement that "a consulting Engineer has been hired to study this problem. Furnish the name of the Engineer and a copy of his/her contract. "During the interim, any necessary steps should be taken. . . " ; "Please investigate this problem and provide a plan and schedule for correction. " How about A DEMAND FOR COMPLIANCE WITH THE STATE LAWS AND A TEN DAY DEADLINE TO FURNISH AN IRONCLAD PLAN AND PROPOSAL TO CORRECT THE DEFICIENCIES OR YOUR LICENSE TO OPERATE THIS FACILITY WILL BE SUSPENDED AND YOU WILL NOT BE ALLOWED TO OCCUPY OR OPERATE THIS STRIP CENTER UNTIL THE REPAIRS ARE MADE AND PROBLEMS CORRECTED AS CERTIFIED BY AN INSPECTOR OF THE TEXAS WATER COMMISSION. 2 . Your problem No . 2 (which I also addressed in my referenced letter) does not demand any action. Your reference to a "Class D certification is not in accordance with the TWC documents . The order issuing the permit dated July 7, 1987 , Page 4, Item 13 states that "The treatment facility is operated by a sewage treatment plant operator with a class C license . " As I stated in my referenced letter to the TWC, I request that the TWC tell me if Mr. Pat Fish is a licensed class C operator. Your letter should state that The TWC requires that you furnish the name, address, telephone number and a copy of the contract with the responsible class C operator. 3 . Your problem No . 3 , water usage, is one which I did not address in my referenced letter . I have, however, looked at this aspect of the problem and the violation. I apparently have more information on this subject than you have . Included in the enclosures to this letter is a summary of the water usage of SLP for the last two years . I have copies of the raw data from the City of Southlake records of water usage if anyone from your agency wants to look. I am enclosing a summary for your convenience . As can be seen from this water consumption summary, your letter greatly understates the case . Of the last 24 Months for which I have obtained records to date, the Southlake Plaza has used more water than is allowed for outflow in 13 of the those 24 months . The maximum monthly usage was 198, 900 gallons and four months were over 100, 000 gallons . There is no yard watering at this location and they certainly don't water their drainfield. 4 . Your problem No . 4 I also addressed. They worked on it. The fence is the cheapest, easiest and most useless item that they could have fixed. Repairing the fence also has the advantage of reducing the possibility that interested and affected neighbors can 5 observe what is going on behind closed doors . 5 . Summary Paragraph. "Please provide . . . . . . . " ? I can't believe that a state agency who holds the power of life and death over this shopping center would close its letter like this. Demand compliance with the laws and the terms of the license and issue a 10 day time limit to submit firm evidence of compliance or the operation will be shut down. 6 . The overall tone of the referenced letter is just so much toe dancing . You have the authority and the DUTY to suspend or revoke the license for continuing and willful failure to conform to the laws , rules and regulations . I enclose two examples of letters from our former Mayor on the same subject from nine years ago . If your letter had been that strong, I probably wouldn ' t be writing this letter now. These letters did not solve our problem, and if they didn' t, yours certainly won' t . THE SOLUTION Shut down the operation. I have heard so many excuses from public agencies about the fact that the operation has "changed hands" or "gone bankrupt" and that "we cant keep track of them" that I "m sick of it all . THESE ARE NOT VALID EXCUSES OR REASONS FOR VIOLATING THE STATE LAWS AND REGULATIONS AND DISCHARGING SEWAGE ON INNOCENT NEIGHBORS . Now that I have stated my case and frustrations to you, do you have any help or suggestions to offer? Let ' s talk. I 'm at 214/231-8990 in the daytime and 817/481-2394 evenings . Sincerely, 0J--7e- Daniel 0. Absher Enclosures : SLP Water Summary City of Southlake to Great Texas Development, 5/4/1983 and 7/27/1983 Copy to : Mayor Gary Fickes City of Southlake, with enclosures Mr. Kirk Fuqua Tarrant County Health Department, with enclosures Mr. Bob Hampton Tarrant County, Precinct 3, with enclosures SOUTHLAKE PLAZA WATER CONSUMPTION FROM CITY OF SOUTHLAKE WATER DEPT RECORDS BILL DATE CONSUMPTION-GALLONS $ AMOUNT BILLED 1990 January 51 , 800 164 . 32 1990 February 35 , 600 144 . 26 1990 March 39, 400 154 . 74 1990 April 31 , 600 133 . 22 1990 May 29, 500 127 . 42 1990 June 77, 200 259 . 07 1990 July 86, 100 283 . 64 1990 August 101 , 100 325 . 04 1990 Sept . 95, 000 308 . 20 1990 October 72, 400 279 . 66 1990 November 47 . 800 202 .41 1990 December 32, 400 154 . 06 1991 January Not Available 2/14/92 7729 1991 February 39, 800 163 . 96 1991 March 67, 400 29 . 29 122 1991 April 69, 100 . 1991 May 22, 500 22 . 97 1991 June 182, 300 624. 74 1991 July 198 , 900 683 . 84 1991 August 91 , 300 Not Listed 1991 Sept . 101 , 800 371 . 97 1991 October 10, 300 84 . 66 1991 November 14, 400 97 . 54 1991 December 19, 700 114 . 18 1992 January 10, 700 85 . 92 Note : The allowed disposal field outflow is 1500 gallons per day or 45, 000 gallons per month. There is no water used for yard watering . All of the water used went into the package sewer plant. Some of these large amounts of water may have been pumped out instead of going into the field. Pumping records will have to be checked to see how much. I cannot force the owners/operators of Southlake Plaza to release these records . I doubt that they exist . The Texas Water Commission can require records to be furnished. Section V.B of permit 13315 . 01 requires flow measurements to be conducted "Flow (MGD) . . . .Five/week" . The same section requires that "Records of these characteristics shall be available at the plant site for inspection by an authorized representative of the Commission for at least three years . " .. r 1 o P F sort lu E 04 S te-4 ' 0� s PHONE 481•5581 City of Southlake "VVhere Country Living Is At Its Best" 887 North Carroll Ave South(ske,Texas 78092 SAM SPARGER, tfayor LLOYD O.LATTl.JR.,Xfayor Pro Tem JOHNNY WESTEkHOLM,Councilperson SANDRA L.LeGRAND, City Secretory BRUCE MCCOMES, Councilperson TOM LORIS,Cou ncilperson MARION R.BONI's,Councilperson July 27 , 1983 Great Texas Development Co . Attention : Blaine East 200 Soutl• Cottonwood Suite E Richardscn , Texas 7SO80 Reference : Sewer System at Southlake Plaza . Dear Mr . East: Is As per our conversation of this date , you are hereby being given (iliw three (3) days from receipt of this letter to make the necessary repairs 1 - the sewer system in the Southlake Plaza Shopping Center. We have talked with you numerous times concerning this problem and you have yet to satisfactorily make the repairs . Please consider this the final notice you will receive concerning this matter. If the repairs are not made , we will have no alternative but to close down the center entirely as a violation to the City of Southlake Ordinance No. 75 , Health and Sanitation . 1 am hopeful that you will comply so that this action will not he necessar)'. If you have any questions , or wish to discuss this further , please do not hesitate to contact me . Very tru:.y yours , Ci of :iouthlake am Sparj!er a Mayor SS/sl c.c . Al tenants of the Southlake Plaza Center William H. Smith , City Attorney Ms . Mary Dunn PHONE 481-6561 Cityof Southlake "VJhere Country Living Is At Its Best" $67 North Carroll Ave Southlake,Texas 76092 SAM SPARGER,Mayor LLOYD O.LATTA JR.,Mayor Pro Tan JOHNNY WESTERHOLM,Councilperson SANDRA L.LeGRAND, City Secretary BRUCE McCOMBS, Councilperson TOM LORIS,Councilperson MARION R.BONE,Councilperson May 4 , 1983 Mr. Blaine East Great Texas Development Company 200 South Cottonwood, Suite E Richardsol , Texas 75080 Reference: Sewer Facilities in Southlake Plaza. Dear Blaine: This lettar is to verify our conversation of *last week concerning the sewer system in the Southlake Plaza Shopping Center. I must stress the importance of prompt repairs and proper maintenance of the sewer system, as the problems existing have gone on far to long . I understood that you were going to call me as soon as the plumbers have made the repairs as we agreed, and as of yet , I have not heard from you. As of this notice, you are hereby given three (3) working days to repair the system. Failure to comply will result with the certificates of occupancies for each tenant being pulled . We hope that this action will not be necessary , as it would certainly be a problem for each of your tenants. Further , our Director of Public Works , Louis C. Johnson has made an inspection of the system and he informed me that several items would need attention as recommended. 1 ) There appears to be a break in the disposal field near its north-west corner that must be properly repaired, this needs Immediate attention. 2) The holding tanks that were installed for the Butcher Boy Meats must be pumped out monthly or when full , whichever occurs first . 3) 'There must be a competent person that is responsible for the routine inspection , maintenance and operation of the sewage plant located within the fenced area. when 4) A monthly report sent to the City of Southlake showing the holding tanks were pumped out and by whom, and the days the operator was out and checked the system and any maintenance performed. I am hopeful that you 4will comply with the conditions of this letter so that no action will have to be taken on the part of the city . Please call me as soon as possible to that we may further discuss this letter. Very truly yours, hy of SO uthl e Sandra L. LeGrand City Secretary c .c . Mayor Sam Sparger DPW , Louis C. Johnson City Attorney , Hill Smith All Tenants in the Southlake Plaza ---_�-- � Y DANIEL 0. ABSHER 410 SHADY LANE SOUTHLAKE, TEXAS 76092 (817) 481-2394 February 13 , 1992 Texas Water Commission P.O. Box 13087 Capitol Station Austin, Texas 78711 Attention: Ann McGinley, Permit Section (512) 463-8201 Subject: TWC Permit No. 13315-01 Southlake Plaza Shady Lane at Northwest Highway East (SH 114) Southlake, Texas 76092 Dear Ms . McGinley: I called your office today about a problem that I have with a neighboring business which either has or had a permit with your agency for the operation of a sewage treatment plant. I was referred to you through a sequence of telephone calls to the City of Southlake and the Tarrant County Health Department. I was unable to reach you by telephone and did not receive a return call as requested on February 10 . The subject permit was issued on July 8 , 1987 to the NRS Southlake Joint Venture , 4931 Nashwood, Dallas 75244 for the subsurface disposal of "treated domestic wastewater effluent" from the subject location. The existence of this plant has been a continuing nuisance to me, my wife and the other property owners who adjoin the Southlake Plaza property. Our current complaint is that the plant is not being operated in accordance with the applicable State regulations or the terms of the license . A more fundamental problem is that the commercial operation of Southlake Plaza, as it has been operated, cannot be supported by a 10, 000 square foot drainfield without violating the terms of the permit. To shorten a long story, my wife, Kay Absher, made several telephone calls Monday, February 10, upon the suggestions of local authorities . Mr. Fuquay of the Tarrant County Health Department told her that the license for operation of the referenced plant had been renewed and the owners had one month "to get the system rebuilt" . The City of Southlake told me that they have five items to correct to meet the laws, rules or requirements and that they do not have a license . I have seen a copy of the current (?) license, or permit, No . 13315-01 . It expires on July 24, 1992, five years after issuance . I find it hard to believe that the permit has been renewed without the required notification of the potentially affected property owners . To the best of our knowledge, none of the property owners has been notified. I respectfully request that the following information be furnished to me : 1 . The current status of permit No. 13315-01 . Is it current? What is the expiration date? Who is the current permit holder? 2 . Has an application been received by your office for renewal of this permit? If so, I request a copy of the application. 3 . What, if any orders for repairs , changes to the operation, or other requirements have been issued by your agency to the owners/operators/permit holders of southlake plaza? As an affected property owner, I believe that I am entitled to this information. 4- I understand that the referenced facility must be operated by a sewage treatment plant operator with a class C license. A Mr. Pat Fish of Fish Plumbing Company, P.O. Box 1033 , Keller, TX has been introduced to me as the plant operator. I request your verification that he is a class C license holder. If You cannot verify this , please direct mt to the State agency which can. 5 . Place the following names on your list of affected persons to be notified when actions are to be considered by the TWC : Dan and Kay Absher, above Joe Sanders , 415 Shady Lane, Southlake, TX 76092 Vance V94LLACE� 4. 20 S!-r.�ar 4A-4 =, 5vV"-4L4/'CF T�-�cRs 7loo9Z I assume that Ms . Mary Dunn and Mr. C. F. Emery are still on your list . If payment is required for the costs of reproduction and or mailing, I will be responsible for it .Your prompt attention will be appreciated. Sincerely, Aau-'c� D. Daniel O. Absher Copy: Jack Cox Public Interest Advocate Texas Water Commission P.O. Box 13807 Austin, TX 78711 PHONE 481-5581 City of Southlake "VJhere Country Living Is At Its Best" 667 North Carroll Avis Southlaks,Texas 76092 SAM SPARGER,Mayor LLOYD O.LATTA JR.,Mayor Pro Tem JOHNNY WESTERHOLM,Councilperson SANDRA L.LeGRAND, City Secretary BRUCE McCOMBS, Councilperson TOM LORIS,Councilperson MARION R.BONE,Councilperson May 4,1983 Mr. Blaine East Great Texas Development Company 200 South Cottonwood, Suite E Richardsol , Texas 75080 Reference: Sewer Facilities in Southlake Plaza. Dear Blaine: This lettar is to verify our conversation of *last week concerning the sewer system in the Southlake Plaza Shopping Center. I must stress the importance of prompt repairs and proper maintenance of the sewer system, as the problems existing have gone on far to long. I understood that you were going to call me as soon as the plumbers have made the repairs as we agreed, and as of yet , I have not heard from you. As of this notice, you are hereby given three (3) working days to repair the system. Failure to comply will result with the certificates of occupancies for each tenant being pulled. We hope that this action will not be necessary, as it would certainly be a problem for each of your tenants. Further, our Director of Public Works, Louis C. Johnson has made an inspection of the system and he informed me that several. items would need attention as recommended. 1) There appears to be a break in the disposal field near its north-west corner that must be properly repaired, this needs immediate attention. 2) The holding tanks that were installed for the Butcher Boy Meats must be pumped out monthly or when full , whichever occurs first . 3) There must be a competent person that is responsible for the routine inspection, maintenance and operation of the sewage plant located within the fenced area. 4) A monthly report sent to the City of Southlake showing when the holding tanks were pumped out and by whom, and the days the operator was out and checked the system and any maintenance performed. I am hopeful that you will comply with the conditions of this letter so that no action will have to be taken on the part of the city . Please call me as soon as possible to that we may further discuss this letter. Very truly yours, C' y of So rauthl e Sand L. LeGrand City Secretary c.c . ?dayor Sam Sparger DPW, Louis C. Johnson City Attorney , Bill Smith All Tenants in the Southlake Plaza �1(0 To ES 1)t i 2,/ � 3 — f-f r S'Tri F i .'6 0 P F SQIJ/se G 0� J N�L� i�' ✓. PONE 481.5581 City of Southlake "Where Country Living Is At Its Best" 667 North Carroll Ave SAM SPARGER, Nayor Southlake,Texas 76092 LLOYD O.LATTl.JR.,Mayor Pro Tem JOHNNY WESTE kHOLM,Councilperson SANDRA L.LeGRAND, City Secretary BRUCE McCOME S. Councilperson TOM LORIS,Councilperson MARION R.BONE,Councilperson July 27 , 1983 Great Texas Development Co . Attention : Blaine East 200 South Cottonwood Suite E Richardscn , Texas 75080 Reference : Sewer System at Southlake Plaza. Dear Mr. Last: Is As per our conversation of this date , you are hereby being given three (3) days from Teceipt of this letter to make the necessary repairs t : the sewer system in the Southlake Plaza Shopping Center. We have talked with you numerous times concerning this problem and you have yet to satisfactorily make the repairs . Please consider this the final notice you will receive concerning this matter. If the repairs are not made , we will have no alternative but to close down the center entirely as a violation to the Ci.ty of Southlake Ordinance No. 75 , Health and Sanitation. I am hop(!ful that you will comply so that this action will not be necessary. If you have any questions , or wish to discuss this further , please do not hesitate to contact me . Very tru:.y yours , 4Ci Of Southlake ��Jv rj,r r Z�j�cJ am parjer 0 Mayor SS/si c.c. Al.L tenants of the Southlake Plaza Center William H. Smith, City Attorney Ms . Mary Dunn SOUTHLAKE PLAZA WATER CONSUMPTION FROM CITY OF SOUTHLAKE WATER DEPT RECORDS BILL DATE CONSUMPTION-GALLONS $ AMOUNT BILLED 1990 January 51 , 800 164 . 32 1990 February 35, 600 144. 26 1990 March 39, 400 154.74 1990 April 31 , 600 133 . 22 1990 May 29, 500 127 .42 1990 June 77, 200 259 .07 1990 July 86, 100 283 . 64 1990 August 101 , 100 325 .04 1990 Sept. 95, 000 308 . 20 1990 October 72, 400 279. 66 1990 November 47 . 800 202 .41 1990 December 32, 400 154.06 1991 January Not Available 2/14/92 1991 February 39, 800 177 . 29 1991 March 67, 400 263 . 96 1991 April 69, 100 269. 29 1991 May 22, 500 122 . 97 1991 June 182, 300 624. 74 1991 July 198, 900 683 . 84 1991 August 91 , 300 Not Listed 1991 Sept . 101 , 800 371 . 97 1991 October 10, 300 84. 66 1991 November 14, 400 97 . 54 1991 December 19, 700 114. 18 1992 January 10, 700 85 . 92 Note: The allowed disposal field outflow is 1500 gallons per day or 45, 000 gallons per month. There is no water used for yard watering. All of the water used went into the package sewer plant. Some of these large amounts of water may have been pumped out instead of going into the field. Pumping records will have to be checked to see how much. I cannot force the owners/operators of Southlake Plaza to release these records . I doubt that they exist . The Texas Water Commission can require records to be furnished. Section V.B of permit 13315 . 01 requires flow measurements to be conducted "Flow (MGD) . . . .Five/week" . The same section requires that "Records of these characteristics shall be available at the plant site for inspection by an authorized representative of the Commission for at least three years . " !�. s h<&,Pe- _ f c l 5 i4--V o Tt-fE� T?rrl E o r S 7D 09-7Z5' r- .y vi s.4�✓c c �d �c"sv 7'S T?fC—y If*vE -vu ?- i,3 fLC—ob. u c. D,zR�"vr-IE-tD !T . �j �+✓ 5 v n/1 f �✓ �tJ 4S C7 5$ y '*W It N C—iX G (F S S p C w j-+.$t- - 7'�z X Co v 4 D U /S e- c= -. Ar✓9,4c-c.l 'Q� �7 5�va C7�-c.c.o .�f J�,�� j ci v �C7 �Fl 306 K 3L P A4.g.,V 9 C— y-7 /-��'T�•+�7zo�/ l Iz)O v L p L-t l<Lc 7Z 5 dFE OL 4i0 L 4` ' - Tarrant Cou>tit z Fort Worth - Public Health Departments E X A`' •� 1800 Univcr-Aty Drivc,Fort Worth,Tcxaa 76107 •. �, �� I R 1� �P.R 121991 PUBLIC Farch 8, 1991 James Hankins New Market Managements, Inc. 8144 Walnut Hill Lane, Suite 752 L.B. 41 Dallas, TX 75231 Dear Mr. Hankins: The private sewage facility serving Southl ake Pla7 c,n Texas continues to surface and drain across the adjacent property at 328 forth Shadl Lane. Surfacing wastewater constitutes a violation of Texas "Minirmun St,rrrjards of Sanitation and Health Protection Measures", Section 341.013 (a) (b) (c) and Section 341.014 (a) , as well as Section 341.011 (5) . Due to the reoccurrence of this problem, an alteinative solution must tom_ sought. This department's opinion is that the area for effluent disposal is il,sufficient for the amount of water being used. Plans for frequent F,,xping of the ta.rLvs or purchasing adjacent land for disposal field enlargE7ent are aFparentl_; the only remaining alternatives. Abatement of this nuisance must be completed within 21 days from the date of this letter. All contaminated areas must he disinfected with a bactericide such as HTH. If you have any questions, please contact me at 335-8551. Sine rely, P.Kirk Fuqua, R.S. cc. Mike Barnes, Director of Public Works, City of `'outhlal:e PKF/bh Administration 871-7237,Fax 871-7335,Animal Control 871-7290.Communicable Disease 871-7279,Dental Clinic 871-7230. Disease Control 871-7292,Environmental Health(city)871-7255 (county)335-8551. 11colth Planning and Punnotion 871.7356, Laboratory 971-7245. Personal Health Services 971-7250. Vital Statistics 971-7265 QUAIL RIDGE - PECAN LAKES COMPARISON COMPARISON QUAIL RIDGE PECAN LAKES No. of Lots 35 28 No. of Lots Backing to West Boundary 5 2 No. of Lots Adjacent to West Boundary 8 7 No. of Lots Adjacent to Northeast Property Owner 4 4.5 Open Area (sq. ft.) 0 101,100 Detention Provided No Yes No. of Lots Under 20000 S.F. 8 0 No. of Lots Over 25000 S.F. 2 8 No. of Lots Per Acre 1.75 1.4 ,,. Smallest Lot (sq. ft.) 17,064 20,000 Largest Lot (sq. ft.) 27,648 55,000 Average Lot Size (sq. ft.) 20,896 23,979 04606 City of Southlake,Texas CITY MANAGER i M E M O R A N D U M 5 - February 28, 1992 TO: Curtis E . Hawk, City Manager FROM: Michael H. Barnes , P.E . Director of Public Works SUBJECT: Bids For F.M. 1709 Water Line Relocation From F .M. 1938 To Jellico Circle East ----------------------------------------------------------------- ' On Wednesday, February 26, 1992 , bids were opened and read aloud for the above referenced project. This project will relocate an existing 20" water line and install a new 12" water line along F.M. 1709 from F.M. 1938 to Jellico Circle East. The completion j of this project (to be completed by May 15, 1992) will allow the first phase of the reconstruction of F.M. 1709 to be bid in July of this year. Attached is the bid tabulation for the bids received from Cheatham and Associates . The bids are higher than anticipated primarily because of a temporary connection that has to be made to keep the 20" water line in service. The section of the 20" water line from Jellico Circle East to Pearson Lane cannot be relocated now for two reasons . First it would be summer before the contractor could relocate it and we can't j can't operate the water system in the summer without the 20 water line. Second, the State has not completed their i construction plans for the Second Phase of F.M. 1709 . It is anticipated that this section will be bid this fall . Cheatham and Associates has reviewed the low bidder' s Is er qualifications and recomme h the low contract at $174 1 46a 50. Aledo Construction, Inc. be awarded t The funding for this project will be from the Infrastructure 0,000 Reserve Account which as a balance of approximately ellic The funding for the 20" water line to be relocated from Jellico Circle East to Pearson Lane will be construction of F M included 709 .the Certificates of Obligation for the re Therefore, based on Cheatham and Associates recommendation, the f staff recommends that Aledo Construction, Inc . be awarded the contract for the water line relocation of F .M. 1709 from F.M. 1938 to Jellico Circle East at a cost of $174, 146 .50 . Please place this item on the council ' s next agenda for consideration. i MHB/gh �I I CHEATHAM AND _ 3 ASSOCIATES J February 28, 1992 Mr. Mike Barnes, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Water System Improvements - F.M. 1709 Jellico East to F.M. 1938 Job No. 001-414 Dear Mike: We have tabulated the bids for the subject project and the low bidder was Aledo Construction, Inc. The low bid was $174,146.50 for relaying the 20" line. We have checked references on the Contractor, and all responded very well in favor of the Contractor. Therefore, we recommend awarding the contract to the low bidder. If you have any questions or comments, please give us a call. Respectfully, G Eddie Cheatham, P.E. \jellico.ald ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West - Suite 207 - Arlington, Texas 76006 817/633-1023 - Metro 640-4329 OO 0- CD W ,O OD J O. 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Dc arn- R, kcR, m In -ZZ � n 70 0 $ Z -Zi Cs DDD [n � OC� � >>< � rnrn o f m m D � mm mO > o � z -37 `L t Or -1 < � � �V D m .. mo s c zz zMOod m -ni o � g8g °� � � � � > � < Om O to 0 % r ! < Q Z - Nio � C� z > rZEim � m � �< fp3 f z ! r R '< O D o x° r t" O a r r I Z m Z m �o o Cx r p (�� < m z 1I m OZ M Cn m n -my O D 7ny D 1 (E� A m t" Z M to m O a T < n c n N • o ; r r r r r r r rr r — � I 6 0 Z eD 11 ,o m C „ O pp NN 00 A a ' N Q 03 56 8 25 . o Q C � n c . . . . . . . maZ 8 88888888888888 F3 n C o Z co Q p J � pV p H H N 8w �88 8W y •�.~�.•.11 t8~8! 8U8 A N tppo lNpn A 00 pJ J O p "1 � ONN (G Up p� O p� pO Op pO p� pU pO Op pO U OO pO Op opJe yNA W o , • N 'V Z 0 g ;a o 0 0 ,°, 888888 $ �, 888888gffi m 6 � � � x � _ g a M_ Z P., fl Y o � m n m ------ - T ---------------- -- O m Z m y V 9 m rMr O 'a a ° r n z a City of Southlake,Texas Y nCITY MANAG M E M O R A N D U M February 26, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Fire Bay Expansion -------------------------------------------------------- We would like to seek permission to compile specifications for the awarding of bid for the fire bay expansion. The expansion will initially consist of extending the southeast corner of the fire bay which is now currently open. A single wall will be erected that will square the building. Six inches of concrete on a stabilized base will be required for the flooring. An extension of the roof line will cover the area. Our first choice for door openings will be a 20 foot wide door; but depending on the cost, an 18 foot wide door is minimum. I have visited with Deputy Director Williams on this issue and this is the minimum requirements. Attached is a drawing of the existing bay configuration and the proposed bay configuration. I spoke with Mike Barnes, Director, Public Works, who will assist us in the exact specifications and floor plan for this undertaking. Also attached is a cost estimate from two vendors that were used as base proposals for this endeavor. Once specifications are developed they will be distributed and awarded in a manner consistent with City policy. This is a budgeted item, account #131-970 for $10,000 . I am available for any questions or comments that you might have. .6, Z'O'*. BC/mr Attachments (2) pw\memo\FireBay.Exp I I i r rriw•rr � �� 1 O � �• rr � . y ,� �•� " •a.a.s lire 'Prm wt&t / ors Z. 01 nwttt/ + r 1 ; a / 2 511N67 �A'C GoNFIGu��.'(ioN �• M.I•I•tr �t�� 1 O t �. ' �K t •nu+•a wT� � N • � � e LH v �\ a .• / = �` e 1 � pfi0POSED �aY �ply iGU��-r'OM COST ESTIMATE PER ITEM FOR BAY EXPANSION ,,. The following cost estimates per item was quoted for the bay expansion. These costs were from local vendors, and were not involved in the original estimates used in the budget presentation. However, these estimates are in the same price range as those presented in the budget. Vendor - The Herrick Company - Haltom City Materials. . . . . . . . . . . . . . . . . . . .$2,655 Insulation. . . . . . . . . . . . . . . . . . . 924 Concrete. . . . . . . . . . . . . . . . . . . . . 1,155 Electrical. . . . . . . . . . . . . . . . . . . 600 Door. . . . . . . . . . . . . . . . . . . . . . . . 2,000 Removal of existing wall. . . . . 942 $8,258 Total Vendor - Metro Metal Buildings - Southlake Materials. . . . . . . . . . . . . . . . . . . .$2,310 Insulation. . . . . . . . . . . . . . . . . . . 462 Concrete. . . . . . . . . . . . . . . . . . . . . 1,270 Electrical. . . . . . . . . . . . . . . . . . . 800 Door. . . . . . . . . . . . . . . . . . . . . . . . . 1,570 Labor. . . . . . . . . . . . . . . . . . . . . . . . 1,500 $7,912 Total City of Southlake,Texas MEMORANDUM CITY MANAGER February 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director ` SUBJECT: 1991 Building Code t Attached is the 1991 UNIFORM BUILDING CODE with local amendments concerning wood shake and shingle roofs. The Ordinance to adopt i this code was adopted on the 1st reading at the last council meeting. Please place this item on the council's next agenda for consideration for the second reading and public hearing. If you have any questions, please contact me. MHB/lc , attachment: 1991 UNIFORM BUILDING CODE i I I I I WPfizfftnW""1C0&btd cam"/ FIELDING . BARRETT TEL : 817-560-5955 Feb 28 ,92 15 :38 No .012 F .0 ORDINANCE NO. �J 7 ORDINANCE ADOPTING THE UNIFORM ILDING CODE, 1991 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR THE ADOPT ON OF THE UNIFORM BUILDING CODE STANDARDS* 1991 EDI ION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIV OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; P OVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDIN A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPH ET FORM; PROVIDING FOR PUBLICATION IN THA OFFICIAL NEWSP PER.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home ru a 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 deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City. NOW O THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That the Uniform Building Code, 1991 Edition, published by the International Conference of Building Officials, is hereby adopted as the Building Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit "A." SECTION Z That the 1991 Edition of the Uniform Building Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated �lli FIELDING , BARRETT TEL : 81'-560-79 CZ 75 , Feb '?8 9'_ 15 38 No .G12 F .��3 herein and attached hereto for all purposes of this ordinance. The Southlake, Texas may from time. to time determine that City Of Code, 1991 additional local modifications to the Uniform Building needs of Edition, are necessary and appropriate to meet the unique nee • t of Southlake, Texas. To effectuate these local the city modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Uniform Code. These amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 Code Standards, 1991 Edition, That the Uniform Building Official published by the International Conference of Building s,of hereb adopted as the Building Code Standards of the City is Y $outhla ke. A true and correct copy of these Standards is attached to this ordinance as Exhibit "C" • SECTION 4 The material contained in Exhibits "A" and "B" to this shall be maintained as a public record in the office of Ordinance ublic Cit Secretary. These Exhibits will be available for p the Y inspection and copying during regular business hours. SECTION S 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 Of such ordinances, in which event the conflicting provisions Baled. provisions of such ordinances are hereby rep FIELDING.. BARRETT TEL : 817-560-3953 Feb 28 , 92 15 : 38 No .012 P .C2 SECTION 6 Council It is hereby declared to be the intention of the City of that the phrases, clauses, sentences, paragraphs, end sections this ordinance are severable, and if any phrase, clause sentence, raph or section of this ordinance shall be declared para g court of unconstitutional by the valid Judgment or decree of any competent jurisdiction, such unconstitutionality shall not affect p ara raphs and g . any of the remaining phrases, clauses, sentences, p se ctions of this ordinance, since the same would have been enacted b the city Council without the incorporation in this ordinance o Y or any such unconstitutional phrase, clause, sentence, paragraph section. SECTION 7 omits, Any person, firm or corporation who violates, disobeys, lects or refuses to comply with or who resists the enforcement ne g 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 ressl All rights and remedies of the City of southlake are exP Y saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, maintenance, repair, design, construction and quality occupancy, which of materials for buildings and structures within the City have accrued at the time of the effective date of this ordinance; as to such accrued litigation, both violations and all pendi and, -3- 81T�-5h0-3'a53 Feb 28 ,92 15 :38 No .012 P .05 FIEtDIN�, EARP.ETT TEL in court or not, under such civil and criminal , whether pending 0 rdinances, 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 authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions sible in evidence of this ordinance as so published shall be admis in al l courts without further proof than the production thereof. SECTION 10 City Secretary of the City of Southlake is hereby directed The Y enalty to publish the proposed ordinance or its caption and p together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading his ordinance, and if this ordinance provides for the of t violation of imposition of any penalty► fine or forfeiture for any its rovisions, then the City Secretary shall additionally any of P pap er one time publish this ordinance in the official City newspaper required by within ten days after passage of this ordinance, Section 3 . 13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from and assage and publication as required by law, and it is so after its P ordained. -S- FIELDING , BARRETT TEL 81�-5b0-3953 Feb 28 ,92 15 :38 N0 .012 P .0.. irr DABBED AND APPROVED ON FIRST READING THIS DAY OF 1992 • MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 1992• Mp,YOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Data: ADOPTED: EFFECTIVE: \slake\bullding.ord LOCAL AMENDMENTS TO THE 1991 UNIFORM BUILDING CODE The following sections, paragraphs, and sentences of the Uniform Building Code, 1991 Edition, are hereby amended as follows: SECTION 3204 Sec. 3204 (f) . wood shake and shingle roofs and siding. 1. Commercial Buildings: Must be a Class "A" roof with grade 111" shingles meeting the requirements of -Section 3204 (e) 2 . of the 1991 U.B.C. solid sheathing required. 2. Multi Family: Any building with two or more dwelling units. Must be a Class "A" roof with grade 111" shingles meeting the requirements of Section 3204 (e) 2. of the 1991 U.B.C. solid sheathing required. 3 . Single Family Buildings: Any building with only one dwelling unit. Must be a Class "C" roof with grade. "l" shingles meeting the requirements of Section 3204 (e) of the 1991 U.B.C. 4 . Treatment: Impregnated by the full cell vacuum-pressure process with fire-retardant chemicals, and qualified by U.B.C. Standard No. 32-7 for use on Class A, B, or C roofs. 5 . Replacement: A permit shall be required for replacement of wood shake and shingle roofs and siding. EXHIBIT B slake\bld-ubc.exb(13092) � ,. �S:::;:f•:5„"':s`,-,;::3::............•,:i�tw.s,'•'c• .,.,',^:yi:S:oriJocw,'�c�.`�'<:te�'fo'Ra"••,,.'a'::c:::S ,.>a� �':. iG 'C L O O O ' m O _ h — •p �' C u y `_ L U O S Os � z �.E � � _�' � � `° m '� ocvd � � 2 od.E °c' �° o � aio• cc v aa� U � � dA ° > °? 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U c Cl •_ o a R N 0 y Q a� ° y y E _ e ai m " ` ° E o -°o _� e > ed Z t 3 m L y >' g u oD h 0 y ° L ._ L u y"� u _ 6� h y 3 '+" O E .c •« u N u ed w �„ CfJ C L Z C a K y O 'c v� d '_> O ` � o � n � Wd � = ° L .uopc pZ ° cA �E.o E c R ` Uza ° vC vE e`a A G u s t s — E Q 3 m c G cd O ,°s E e d es s « s ° C '> O A " > = m i O C Q E �:•� s Eqy c uO rn h E d yU sdm- 7 'cc'cc-r- DWUt.N—flva� 'acoCv)u y vNUw v U �Ofy evEE� .0 U o ° cc � o � a l4 oZ (V� � yy d y ca C •E O e = en c = E W N = r GedF — QA U E O ed e0N E W G A � 0 >. 2 to O C •E � c .0 O '` cud oL O p o c U oo �_ tr co N p 3 U U E c U S O E e>d ON °O 8 C bpc U � ea = OL w s M ^� _ � c y 3 z v — oa m a°i = o E u U o 0 o 3 s _ 3 0 c C c v R c c o • to p o e o a >,- i U c j O , u Gq L: O �j "[� m O cYd J L 'O •E aCi L s .D m cc c o o i c QCO c> a O O u o o p OLL SL Y o c o U a o o o > a a� .E U a o n� c r y c o > o Q ° p m u r _ U E y = LC '7 U u L y = 01 O m u O 1-0 .?� L a p E y 6i ? v s `' O .r u = a ed u 0=_0 Ga. y c E �p .'7 u 0 0 oA O `" -, O u t = E c— u _ - u ¢ c o L R �: o. �_ -' ci v e a� s 3 > 2 E r v c u, c E OD c.C-. C d u v CC L = 7 C L N p T 3 C U E o o U U .E s 3 c=d s i0 0 d o ` c? C ` c T -8 1 m `rp L c_ r E = d c�i ` w ° r c 0 4 ° i :: a z E a> 8 o C.° r ' r c o u to U c > a E o U r > N Q = Lv. v Oa p d > C OD.= �_• d0 = E E :O D: 3 A 1 C L t/, .� m u y y v = 9? u o o U E �^ v _ c u s v •6 c L 3 J c W v� Cq ° C �. U �" bA = E C X u = ¢ = U •C = t -r. = O N = c (� E > _ ¢ U o c c '= U 72 0 4... O Vim•` L i^ E p = bt T c = 3 ''— E E f 7 V L p J _ C = �. 'E C •u v 0 N 3 T O. u .ur >+ C7 CC C O >, _ �. C — CJ C U C d .fir 1 .'•G—. C .. C - = o = w .v u c 3 cr u s " . w u < Q tz� v� v5 U `)/`� Z c Q ° c c o v ` _`° c x •E n 0 or ` 2E- � 33 f c=i OCld C vu — C-4 i v �ri n '3 N N a v c = = c`v oc =a c CERTImGUARD' Fire Retardant Cedar Shakes and Shingles Identification—The CERTI-GUARD label identifies cedar shakes and shingles which have been pressure-impregnated with fire-retardant polymers to provide permanent fire protection. Class C shakes and shingles are identified by their blue Certi-Guard LOQJ label. Class B shakes and shingles are identified by their red Certi-Guard label. Class C and B labels must identify the treating company,the indepen- dent testing laboratory,and the building code research number. IN t4l Etil III• I Material—Certi-Guard is manufactured from M1 grade Certi-Split cedar shakes,k1 grade Certigrade cedar shingles,or#1 grade Certi-Sawn cedar shakes. Application—Class C Rated Roof:Class C rated shakes or shingles shall be placed over spaced or solid sheathing. Class B Rated Roof:Class B rated shakes or shingles shall be placed i over a minimum 1/211 solid sheathing. Class A Rated Roof:Class B rated shakes shall be applied over a roof deck assembly consisting of a minimum 1/20 thick water-resistant gypsum board,applied to spaced or 1/2a solid sheathing.A layer of spaced or 1/211 solid sheathing is then applied over the gypsum sheathing,to which the Class B shakes are applied. Test Standards:ASTM E•108,UL-790,NFPA 256,UBC Standard 32-7. Intermittent-Flame Test: Spread-Of-Flame Test Flame Flame Flame Number Of Class Rams Temperature Flame Application Class Temperature On Minutes Off Minutes Test Cycles A t 400±50°F 10 minutes A 1400±so:F 2 2 15 8 1400±50°F t0 minutes B 1400±50°F 2 2 8 C 1300±50°F 4 minutes C 1300±50°F t 2 3 Burning Brand Test Flying Brand Test ! Class Brand Size Brand wood No.of Brands Class Flame Temperature Flame Application A 12 by 12 inches Douglas Fir 1 A 1400±50°F 10 minutes 2114'inches Mick B 1400±50°F t0 minutes B 6 by 6 inches Douglas Fir 2 C 1300±50°F 4 minutes 21/4'inches thick C !'2 by 1/n inches white Pine 20 25132 inches thick Rain Test:' Weathering Test:' Class Exposure Class Exposure Test rears Twelve one week conditioning cycles of 96 hours of water A,8,C Actual outdoor weathering. 1.2.3.5,and 10 A.B.C exposure at a rate of 0.7 inches of water per hour,100owed by 72 hours of drying time at 140°F.This equates to 20 to 30 years of actual outdoor rain and wear. After the rain test and each weathering test period,the shakes and shingles are again subjected to the Intermittent Flame,Burning-Brand and Flying Brand tests. ■This is only a product description sheet necessary for selection of materials and grades.For a complete grading manual,new roof con- struction manual,wall manual and/or over-roofing manual please Contact: Cedar Shake &Shingle Bureau 515116th Avenue NE,Suite 275 Bellevue.WA 98004-5294,(206)453-1323 ICBO Evaluation Service Report NAA•508. `��NN 1•K•�� , a t990.Printed in Canada ui L C C -' l"� � J , = L �� ^0 L c U C L C ` f, •' 3 U �� eGQ C Q �� � E L - ♦ - .O U A r. N L -C •° ` z G L L � C � ? ,, Y O C - C =N x E .E r_ O � � __ y 6GJ ✓i L t ^ � N � C y am ; - gy m a � U - c >� E e = .7 e u t u e w m v t c U c u j•G L C .. C L - - N '� .r. �.0 E c.% L` O E O c V J N m - L G� C- Z u - .+ Q V .f!� 1,7 ,E C y v. L U m y -_ - .•. R C �L � ` G C C =Z y .: '�� O'm �J ,1 L t Jt `•. _ ` Z y G ^L = C- L L G ; V C q u v V U t V N ro c - .r L 3 x A e OU - 'y •y - 7 R'E L u A y 7 7 C� d `A =rE 2 y L C C U A V •ice.. V=1 U Y. A C W V =- u ." .> r A A V •,� y OJ L 9 y C Le r a CL- �. V V in 3 Em Q:/�L en j� ; 4 C C L E ✓' .E .`��'— L � L V .E y C t' 3 - 7 p r U g L j G Q Z u= Y �_ E O = c e c L - e - G muu A•EN p c= _ t� e 3 m = o o c u CUJ L _ '7 z =N r c yuy u c n Z `s L _ Qn y E y Z'E V: :J � U. tQ N _ .0 a = ' =r ? V u n C N t >i . t i L c'm p O , C V ? ~'� s d Z c = Z c 3 Z t z a Z � p u VO4 24 e o i a•u Q: u.0 J ? ��t W w r t w �� E.=F- C x � �. y C Y T L� 7 G R y .c R .`` M` C C R e � e 0 9 e — e -� `o OZ Z% s eoc u - e c c y c m u E' = u 3 Y c W T y ''u,� 7 L cca u Z C y m L R u 7 a L y A$ = m- 3 co c_ u A y m 7 ; o0t 7 00 -oy0 r R gm > F c 3 7 o p ` e �'=• ; ._ :�`•2 g Z -E ?-Zy d © u'= r ai J a e V O 7 H L G C V V 00 ryn R 7•C C C V L y� C a� 3 •e �,Y s O c w'a C V y V C R L L G. c e E r s•c46 E 01 >i >,O ° .� C O ., _L R t C.7 c O y .. 7 q L m u'-•� O '.�. ; t'1 ti A v �' 1O E Q u y m u m v =_•E � o = � u 3 N.E ;t.5 ; u u c u " _ V G V V h V ;'O W -9 9 T T L -` i.ep C ` J >.tj J E iVJ C m ; m ep C y O > L 7 ° O C A V y - C S m u L O C U ; A 0,0 Z 'C V.E S L <a7L m f J •.� • E y > f.i. N O d a - GL u U y E y ,'� - V O. y O M Y N i0 Y y= y U C b' ✓ v. ac u _u G t > V C c V A m •�. O 'O y ° -wC O E E m_ _ ca L 7 0 Z c - L t L E •- u :+ _� c = _ _- u c ; t y _ •• ai u G Y c c _ e. ?Z R u �'•_ =v� a� � � oY �WLLf° LAu y E `o r E E �; 'c R r. � m — u � `�� °°>'�(7 V " y o re L ( o•= u V r `� S y V y—Z' —Z - u Z 3 EZ L C l r `V -L v u V _ o ° () y c �o aR' u Y u 3 .� ri u u Y c g `- mr o 00E iO u i OL a 3= u O r Z m p y 4 c m� v O ^c�' c�' =' u t u G v > u R.- Lis w G s O o h Lir u V is m : .. O= =L= ,u E m p u a - 3 u F u Z E E O L OG y= r Li. y v� y V = V 7 �' `a y ." u g N ..�, x s F •..= D c°, <c ° W =v 3r < ,, .= Z c W a <= < - 4 A A c Z > 4 o GL u > V � V � Z � G 00 � V U- y � 8 l0 V R U ••J i` E A c .+. > -• OG o -� m 4 > h G h N L O a yy C r '7 O N c to u V 3M y 7V u 5- i,s C City of Southlake,Texas MEMORANDUM CITY MANAGER � February 27, 1992 i I TO: Curtis E. Hawk, City Manager I FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: 1991 Uniform Code for the Abatement of Dangerous Buildings Attached is the 1991 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS repealing Ordinance No. 345. The Council approved this Ordinance on the first reading at the last council meeting. Please place this item on the Council's next agenda for consideration for the second reading and public hearing. If you have any questions, please contact me. MHB/lc I attachment: 1991 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS I i I I I i I �y�e�as{tcdcd� I i ORDINANCE NO. Q AN ORDINANCE ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of ,,. Southlake by regulating and controlling the use, occupancy, maintenance, repair, and demolition of buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, published by the International Conference of Building Officials, is hereby adopted as the Building Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit "A. " SECTION 2 That the 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted herein, is hereby amended as slake\bld-abet.ord(13092) -1- N /-02 provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Uniform Code. These amendments shall be consolidated as Exhibit "B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and "B" to this Ordinance shall be maintained as a public record in the office of the City Secretary. These Exhibits will be available for public inspection and copying during regular business hours. SECTION 4 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 5 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 slake\bld-abet.oM(13M) -2- competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 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 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City 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 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for slake\bld-abat.ord(13092) -3- 7 /_ dl general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. stake\btd-abet.ord(13092) 7�-S PASSED AND APPROVED ON FIRST READING -THIS DAY OF 1992 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CQ City Attorney Date: ADOPTED• EFFECTIVE• \stake\btd-abat.ord stake\btd-abat.ord(13092) LOCAL AMENDMENTS TO THE 1991 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS The following sections, paragraphs, and sentences of the uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, are hereby amended as follows: SECTION 401 Sec. 401(b) . Notice. The Building Official shall issue a notice directed to the record owner of the building. The notice shall contain: 1. The street address and legal description sufficient for identification of the premises upon which the building is located. 2 . A statement that the Building Official has found the building to be substandard, with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this Code. 3 . A statement of the action required to be taken as determined by the Building Official. The Building Official may order that the repair or demolition of the structure be commenced within such time and completed within such time as the Building Official shall determine as reasonable under all the circumstances. In addition, if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the occupants, the public or adjacent property, the Building Official may order the building or structure to be vacated within a certain time from the date of the order, as determined by the Building Official to be reasonable. If a notice to vacate has been posted in accordance with Section 404 (a) , such fact shall be included in the notice and order of the Building Official, specifying the conditions which necessitated the posting. 4 . A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action and complete all work within such time as the Building Official shall determine to be reasonable. 5. A statement advising that if any required repair or demolition work is not commenced within the time specified, the Building Official will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed. 6. A statement advising that if any required repair or demolition work is not commenced or completed within the EXHIBIT B slake\bldcode.exb(13092) -1 7,1-- - T time specified, proceedings will be commenced to have the building repaired or demolished and the cost of same assessed as a charge against the land and a personal obligation of the owner. Sec. 401 (c) . Service of Notice. The notice and any amended notice shall be served upon the record owner and posted on the property. Sec. 401 (d) . Method of Service. Service of notice shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the City, or as known to the Building Official. If no address of any such person so appears or is known to the Building official, then a copy of the notice and order shall be published twice within ten (10) consecutive days in a newspaper of general circulation in the City. In addition, a copy of the notice and order shall be so mailed, addressed to such person at the address of the building involved in the proceedings. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this section shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the date of the second publication. SECTION 402 - DELETED SECTION 404 Sec. 404 (a) . Posting of Notice to Vacate. Every notice to vacate, in addition to being served as provided in Section 401(d) , shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" Sec. 404 (b) . Compliance. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. EXHIBIT B slake%bldcode.exb(13092) -2- . -8 SECTION 501 ,r Sec. 501 (a) Form of Appeal . Any person entitled to service under Section 401 (c) may appeal from any notice and order or any action of the Building Official under this code, by filing a Notice of Appeal with the Building Official on written forms provided by the City. The appeal shall contain the following: 1. The names of all appellants participating in the appeal. 2 . A brief statement setting forth the legal interests of each of the appellants in the building or the land involved in the notice and order. 3 . A brief statement in ordinary and concise language specifying the particular order or action protested, together with any material facts claimed to support the contentions of the appellant. 4 . A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the protested order or action should be reversed, modified, or otherwise set aside. 5. The signatures of all appellants and their official mailing addresses. 6. A verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within thirty (30) days from the date of the service of the notice or order of the Building Official; provided, however, that if such notice or order shall state that the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the occupants, the public or adjacent property and is ordered vacated and is posted in accordance with Section 404 (a) , such appeal shall be filed within such shorter period of time deemed reasonable and necessary by the Building Official to adequately protect the public or adjacent property. Sec. 501(b) . DELETED Sec. 501(c) . DELETED EXHIBIT B slake\bldcode.exb(13092) .3" SECTION 601 Sec. 601. Comoliance. (a) Any person who fails to meet the requirements made in any notice duly served as provided in Chapter 4 of this Code, or who fails to appeal such requirements within the time prescribed in Chapter 5 of this Code, shall be guilty of a misdemeanor for each day such failure continues after the date the notice requires compliance. (b) If no appeal has been filed and the required repair or demolition has not been commenced, or if required action has not been completed as required by such notice, the Building Official shall commence proceedings as follows: 1. The Building Official shall cause such building to be vacated by posting a notice as provided in Section 404. 2. The Building Official shall notify the Board of Appeals and request that the Board hold a public hearing to decide whether to order the repair, removal, or demolition specified in the notice and whether to cause the cost of such work to be paid and levied as a special assessment against the property and/or a personal obligation of the owner. Sec. 601 (c) -(f) - DELETED SECTION 602 Sec. 602 . Proceedings before Board of Appeals. (a) Date. As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time, and place for the hearing of the appeal. Such date shall not be less than ten (10) days (unless the Building Official has certified that the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the occupants, the public or adjacent property) , nor more than sixty (60) days from the date the appeal was filed with the Building Official. (b) Notice. Notice of the public hearing to be held before the Board shall be given by causing a copy thereof to be given to each appellant; the holder of any mortgage, deed of trust, or other lien or encumbrance of record; the owner or holder of any lease of record and the holder of any other estate or legal interest of record in or to the building or land on which it is located. Written notice of the date, time, and place of the hearing shall be given at least ten (10) days prior to the date of the hearing, or such shorter period of time as is reasonable if an expedited hearing is ordered herein, in the same manner and method as notices of the Building Official are served as described in Section 401(d) of this Code. Such notice shall require that cause be shown why EXHIBIT B slake\bldcode.exb(13092) -4- an order should not be issued by the Board requiring the repair, removal, or demolition of the described property within a reasonable amount of time and a statement that if such action is not taken, the work will be done by the City and the cost thereof will be assessed against the land and/or will be made a personal obligation of the owner. (c) Hearing, order. The Board shall hold a public hearing, as set forth in the notice thereof, and may order removal, repair, or demolition of any such property and shall establish a date for completion thereof, and may order that if such action is not completed by such date, that it be done at the expense of the City, and the cost thereof, together with interest at eight (8) percent per annum, be assessed as a lien against the described premises and/or as a personal obligation of the owner. If an appeal has not been properly perfected by the property owner as provided in this Code, the administrative cost of holding the public hearing may be included in any assessment made by the City Council. Such order shall be served in the same manner as the notice of public hearing. SECTION 603 - DELETED SECTION 604 - DELETED SECTION 605 - DELETED CHAPTER 8 Chapter 8 Performance of Repair, Removal or Demolition Sec. 801. (a) Procedure. When any work of repair, removal, or demolition is to be done pursuant to the provisions of any order of the Board of Appeals, the work may be accomplished by City personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work. (b) Costs. The cost of such work shall be paid from City funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with eight (8) percent interest on such amount from the date the City incurs the expense. CHAPTER 9 Chapter 9 Recovery of Cost of Repair, Removal, or Demolition Sec. 901. The Building Official shall keep an itemized account of the expenses incurred by the City in the repair, removal, or EXHIBIT B slake\bldcode.exb(13092) -5- demolition of any building or structure pursuant to this Code. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien specifying the itemized and total cost of the work and administrative expenses, the description of the real property upon which the building or structure is or was located, and the name of the record owner. Sec. 902 . The City Secretary shall file such notice of the City's assessment and lien in the deed records of Tarrant County, Texas. Such notice shall read substantially as follows: "STATE OF TEXAS COUNTY OF TARR.ANT NOTICE OF LIEN , Building Official for the City of Southlake, makes oath and says that the City of Southlake has incurred an expense of $ in improving property known and described as Such expense was incurred • to eliminate violations of the City's Code for the Abatement of Dangerous Buildings after notices were served on the record owner thereof, , at and after public hearing as required by the City's Code for the Abatement of Dangerous Buildings and Chapter 214 , Texas Local Government Code. This assessment shall constitute a first and prior lien, subordinate only to tax liens, existing special assessment liens, and previously recorded bona fide mortgage liens attached to the same property and shall be paramount to all other liens. No building permit or certificate of occupancy will be issued on this property unless and until this lien is paid, together with 8% per annum interest from the date such expenses were incurred. No utility service of any kind will be available to such property until this lien is paid. Building Official, Southlake, Texas SWORN TO AND SUBSCRIBED before me by the said this day of 19 , to certify which witness my hand and seal of office." Sec. 903 . The expenses incurred by the City as set forth in the sworn account of the Building Official shall be a personal obligation of the property owner in addition to a priority lien EXHIBIT B slake\bldcode.exb(13092) .6" —/Z upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner to recover the costs incurred by the City. Sec. 904 . Upon filing of the Notice of Lien in the Deed Records of Tarrant County, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens, existing special assessment liens, and previously recorded bona fide mortgage liens attached to the same property, and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon are paid. Sec. 905. No utility service, building permit, or certificate etof occupancy shall be allowed on any such property until he assessment is paid and such lien is released by the City. SECTION 906 - DELETED SECTION 907 - DELETED SECTION 908 - DELETED SECTION 909 - DELETED SECTION 910 - DELETED SECTION 911 - DELETED SECTION 912 DELETED EXHIBIT B slake\bldcode.exb(13092) -7- �/� City of Southlake,Texas CITY MANAGUL M E M O R A N D U M February 26, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety i SUBJECT: Speed Limit and Four-Way Stop at White Chapel and � Continental i -------------------------------------------------------------------- Mr. Barnes in his memorandum dated February 12, 1992, concerning a traffic study made at the intersection of White Chapel and j Continental Boulevard indicated a need for a four-way stop sign at this intersection. If the City elects to erect four-way stop signs at this intersection, it is recommended that the speed limit be changed on White Chapel from Continental Boulevard to Bear Creek. The current speed limit is 40-miles an hour. It would be recommended that it be changed to 30-miles an hour at the intersection of White Chapel south of Continental Boulevard. Currently the speed limit on White Chapel is 40-miles an hour the entire length of the road. There are controlled intersections at 1709 and 114, with secondary roads entering along the length of White Chapel. Because of the restricted visibility of the northbound vehicle entering into a four-way stop at Continental and White Chapel, the need to slow this vehicular traffic is apparent. Once a southbound vehicle passes through the controlled intersection of White Chapel and Continental, the 30-mile an hour speed limit to Bear Creek will achieve continuity of speed zones entering into Colleyville city limits, which is posted 30-miles an hour. This will also avoid confusion for all citizens recognizing that from this point south, both lanes are to travel at 30 miles an hour as opposed to having one side traveling at 30 and the other traveling 40-miles an hour. We want to be mindful that there have been 17 accidents at this intersection since May 10, 1989. There were no questions or changes since the first reading. 6w f BC/mr pw\memo\WChapel2 .Spd f I h-� ORDIIt71 CE NO- w 535 AN ORDINANCE ZKOMING ORDINANCE NO. 118, As A NDSD, RELATING; TO THE ESTABLISHMENT OF SPEED LIMITS ON CERTAIN STREETS AHD ROADWAYS WITHIN THE CITY OF TIVE�XZ: PROVIDING; THAT THIS ORDINANCE SID1`LL BE C KULA OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING ?OR A P81T71LTY FOR VIOLATIONS HEREOF; PROVIDING AOST�ZbL CLAUSE; MOVIDING FOR pUBLICATION IN THE NEWSPAPER; AND PROVIDING3 AN ETYECTIV3 DATE. WHERFAS, 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 WBZREAS, pursuant to Section 169 of Article 6701d, Vernon's Tex.Rev.Civ.Stat. , the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAXE, 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 Section XXV of Ordinance No. 118, as amended by Ordinance Nos. 231, 231-1, 231-2, 349, and 508, is hereby amended to read as. . follows: stake\ap"dll■.ord -1- 7� -z SPEED LIMIT A. The Chief of Police is hereby authorized to make speed studies, engineering and traffic investigations, when specifically required by the City Council, and make recommendations to the City Council concerning speed regulations and traffic control devices. B. It shall be unlawful for any person to drive or operate a vehicle on a street or highway at a speed greater than is reasonable and prudent under the circumstances then existing. C. Any speed in excess of the prima facie maximum reasonable and prudent speed limit is not for the location shall be prima reasonable and prudent and that it ie evidence that the speed is unlawful. D. Where no prima facie maximum or reasonable and prudent speed requiring the erection of one or more signs giving notice has been established for a public street or highway within the City of Southlake, Texas urban district, the prima facie maximum reasonable and prudent speed for such location shall be30 miles peofhour unless a slower speed is required b applicable the State laws of Texas. E. The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated below shall be the speed in miles per hour designated below, between tw4e007 :30 a• both 8 : 45 a.m. , both inclusive and 3:00 P- appropriate sign inclusive, Monday through Friday, provided that an giving notice thereof is erected. It shall be an affirmative defense to a charge of exceeding said prima facie maximum speed, established below, that the day in questionwas a were no classes in session at the nearest school. SCHOOL ZONE . 194 ft. 9 in 268 ft North 20 NORTH N. CARROLL AVE South of the of the curb N. curb line line of East of Casey Ct. Highland St. SOUTH N. CARROLL AVE. 268 ft North 194 ft 9 in. 20 of N. curb South of N. line of East curb line of Highland St. Casey Court EAST E. HIGHLAND ST. 350 ft. West 730 ft East of 20 of _W. curb E. curb line line of North of N. Carroll Carroll Ave. Avenue s l akNspeed li..ord -z- �� -3 WEST E. HIGHLAND St. 730 ft. East 350 ft. West of E. curb of W• curb line of North line of North Carroll Ave Carroll Avenue EAST E. DOVE STREET 1301 ft West 248cft East of of 20 of W. Curb E. line of N. N. Carroll Avenue Carroll Ave. WEST E. DOVE STREET 248 ft. East 130curb ft. l West of of 20 of E. curb W. line of N. N. Carroll Avenue Carroll Ave. SOUTH N. CARROLL AVE 1464 ft 5 in. 403 ft south of 20 North of N. S. curb line of curb line of E. Dove Street E. Dove St. NORTH N. CARROLL AVE of3S. curbuth of N.464 fcurblline. 20 line of E. of East Dove St. Dove Street EAST E. SOUTHLAXE BLVD 324 ft. West 70 ft West of W 20 of W. curb curb line of line-Crooked Crooked Lane Blvd Lane Blvd. 20 WEST E. SOUTHLAKE BLVD WO curb ft elinef curb 324 fline ofW. of Crooked Crooked Lane Blvd Lane Blvd. F. 1. The prima facie maximum reasonable and prudent speed for limits travel upon any street or roadway within the corporate city es per of the City of Southlake, Texas, shall be thirty ( ) hour, except: a) upon State Highway 114 and Farm to Market Road 1709; b) upon streets or roadways, or portions thereof otherwise designated by Ordinance or as a School Zone; c) upon streets and roadways with a speed lisit - otherwise established by the State of Texas; or -- _ _ -- --d) upon those streets and roadways designated, in subparagraph F.2. below. slsko\spsedlio.ord -3 ve it o: thirty (30) miles per hour shall be of f dive ,r Said speed 1 Fo immediately upon any street or roadway not Presently ffective upon any street or roadway appropriate signs and shall be e presently ot,*�e:-.r. se posted with a different speed limit upon Sea limit sign existing speed limit sign being removed and a new sper hour being reflecting a posted speed of thirty (30� miles p erected. 2 . The following streets and roadways within the City of Southlake, Texas, shall have a prima f smiles per hoLrLe and rasonable prudent speed for travel of forty 1100 South White Chapel Boulevard from East Continental to Sam Bass Road. G. The foregoing itemized speed areas shall have the following meaning to any abbreviations used therein: "E" means "East" "W" means "West" tiN" means "North" "S" means "South" to et Road" "F.M• " means Texas"Texas FarmStat Ranchkt0 Market Road" 11R.M. " means toll, means "Interstate" " "S .H. " means "Texas State Highway "U.S. " means "United States Highway" Block number is inclusive as to the portion of the street covered by both block numbers and all areas between said block numbers including intersections. 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 ordinances, in which event the conflicting provisions of such provisions of such ordinances are hereby repealed. Ordinance No. 396 is hereby repealed in its entirety. SECTION 4 council It is hereby declare Coun d to be the intention of the City - _ that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrasesp clause, sent# •t.Vre�ioredt i�.ord -`"/�w — .C7 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 Hundred Dollars ($200.00) 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 No. 118, as amended, or any other ordinances affecting prima facie speed limits on roadways within the city limits 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, this ordinance but may be prosecuted same shall not be affected by until final disposition by the courts. slake\sDellB-Ord -S � /�J 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 RZJLDINa ON THIS DAY OF 991. MAYOR ATTEST: CITY SECRETARY PASSED AND ILPP ON SECOND READING ON TRIS DAY OF 1991. MAYOR lim.ord .6 alaks\sped /�j► /� ATTEST CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: s l du\speedl im.ord -T- City of Southlake,Texas CITY MANAGER M E M O R A N D U M February 12 , 1992 To: Curtis E. Hawk, City Manager From: Michael H. Barnes, P.E. , Public Works Director Re: Four-way STOP at White Chapel and Continental Boulevard The developer of the Timarron Subdivision, Mobil Land Development (MLD) , has requested a four-way stop sign at the intersection of White Chapel and Continental Blvd. MLD retained Carter & Burgess Consulting Engineers to perform a traffic engineering study to justify the installation of a four-way stop at White Chapel and Continental Blvd. Attached is the study performed by Carter & Burgess. This study was performed prior to the beginning of the 1991-92 school year and therefore, school traffic is not included. Basically, the study concluded that a four-way stop was warranted, according to the MUTCD. The MUTCD states that a four-way stop may be warranted if the total volume of traffic from all directions exceeds an average of 350 vehicles per hour for any eight hour period and provided that the 85th percentile approach speed of the major street traffic exceeds 40 miles per hour. The study revealed that the highest eight hour average was 336 vehicles per hour and the 85th percentile was 47.5 miles per hour. Since this was performed prior to the school year, I would estimate that the traffic volumes would probably exceed the required 350 vehicles per hour. With the addition of the Timarron and Monticello subdivisions, the traffic volumes will increase. Curtis E. Hawk, City Manager February 12 , 1992 Page 2 Therefore, I would support a four-way stop (the stop signs on White Chapel would be preceeded by a "Stop Ahead" sign with a battery powered light) at the intersection of White Chapel and Continental Blvd. at this time. This intersection should be reevaluated at least once a year to insure that the projected traffic volumes continue to warrant a four-way stop. Ordinance No. 118 stipulates that the Chief of Police is the officer in charge of directing the placement of traffic signs. A copy of this letter is being sent to him for his consideration of this matter. Please contact me if the Chief of Police agrees with this recommendations and I will authorize the developer of Timarron to proceed with the installation of the four-way stop. MHB/lc enclosure: Carter & Burgess Traffic Study cc: Billy Campbell, Director of Public Safety CARTER & BURGESS,INC. ENGINEERS PL.avtiERS SURVEYORS • ; S —Z October 3, 1991 Mr. Mike Barnes, P. E. Director of Public Works City of Southlake 667 N. Carroll Avenue - Y Southlake, Texas 75062 Re: Justification for Multi-way Stop for the Intersection of White Chapel and Continental Blvd. Dear Mr. Barnes: We have conducted traffic counts and prepared this summary to determine whether a four-way stop at the intersection of White Chapel and Continental Boulevard is justified. Because the STOP sign causes a an inconvenience to motorists, it should only be used where warranted. The four-way, or multi-way, STOP installation is useful as a safety measure at some locations. A vicinity map showing this intersection and surrounding development is shown on Exhibit 1. Traffic through this intersection was counted on Thursday, August 22, 1991, at 15-minute intervals for four hours judged to be the peak traffic times, 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. The results of this count are shown on'Exhibit 2. The total volume of traffic entering this intersection for these four peak hours ranged from 338 vehicles to 370 vehicles. Additional hourly counts during the middle of the day were made on September 24, 1991, and are included as part of Exhibit 3. A multi-way STOP may also be warranted if the 85th-percentile approach speed of the major street traffic exceeds 40 miles per hour. In this case the minimum vehicular volume warrant is 350 vehicles per hour. The posted speed along White Chapel, the major street, is 40 miles per hour. On Tuesday, September 24, 1991, a survey of the existing speeds (raw data shown on Exhibit 4) indicated that the 85th-percentile speed was approximately 47.5 miles per hour as shown on Exhibit 5. Therefore, the required volume to warrant a multi-way stop is an average of 350 vehicles per hour for any 8 hours of the day. The proposed developments around this intersection will generate additional traffic within the next year. The volumes were forecasted using equations developed by the Institute of Traffic Engineers and are presented in the Trip Generation Manual, 4th Edition. Using the surrounding developments and the respective numbers of lots, the volumes can be forecasted for the a.m. and pm. peak periods. The respective volumes are then distributed using the existing vehicle travel distributions as shown on Exhibit 1. The projected volumes generated by the developments are presented in Exhibit 6 along with the casting volumes. 90316401.L26 7410 EL.`IBROOK DR.;STE 250 DALLAS.TX-3247.49i1!(214)6.58.014i fl \Li. \ti -t)� r '.% - )� ,Ft . !-ti )l'tiii \. TE\ �ti As can be seen in Exhibit 6, the average volume for the eight highest hours of c3dsting traffic is 336 vehicles per hour. This traffic average does not include school-related traffic because the counts were conducted prior to the beginning of the school year. However, when the additional expected traffic from the adjacent development is added to the base traffic, the average volume for the eight highest hours of traffic becomes 453 vehicles per hour. This volume ex=cds the threshold average of 350 vehicles per hour required to warrant a multi-way STOP. Exhibit 7 illustrates these warranting volumes. Therefore, based on the travel speed and traffic volumes, a multi-way stop sign will be warranted for the intersection of White Chapel and Continental Boulevard- Very truly yours, CARTER & BURGESS, INC- Bruce S. Russell, P.E. Associate Principal BSR/STT/ecf Attachments 903164011.26 ExHarr 1 - v'kinicp Map N.T.S. 90UT{...1L 41<E BLVD. ( F M. 1709) MVEI.OPMENT T9?A1=FIC- CISTSMOUST1ON AM PM w ao% .J T1 MARRON PWASE I � SECTION 1 _.l 9 38x Ig�o 12'Y. 67 LOT5 23 9'• 4-0 y _ OLU u w ? 0. 3 COWT1MEWTAL BLVD. MONT ICEL.LO PW SE 1I PpASE I Asal 74 LOTS 54 LOTS 5ECTI ON 2 95 LOTS G„ORR�OI.I. E LCc.MEA!'TARY ScWooL. ECAR�R.& BURGSIM INC EXMrr 2 Traffic Vol=c White Chapel at Continental Boulevard August =7 1991 VIHM CHAP Co �yg 'fatal VOlumC Time Period 3 37 8 7:00 - 7:15 19 4 7:1.5 - 730 26 .12 437 730 - 7:45 25 31 38 7:45 - 8:00 36 25 29 9 7:00 - 8:00 106 71 147 28 352 � 8:00 - 8:15 33 21 � 13 19 31 8:15 - 8:30 31 29 4 12 8:30 - 8:45 20 5 8:45 - 9:00 21 24 23 116 34 338 8;00 _ 9;00 105 83 _ 9 430 - 4:45 29 25 g14 4:45 - 5.00 20 35 7 7 2 5:00 - 5:15 29 - 35 12 5:15 - 5:30 30 42 11 430 - 5:30 108 137 42 57 3" � 5:30 - 5:45 26 45 9 35 9 17 5:45 - 6.00 32 32 10 17 6:00 - 6:15 14 1 6:15 - 6:30 23 33 530 - 6:30 109 245 44 72 370 ECARTER-& BURGSE% INC ECQIIBIT 3 E,sdnQ and Projected Volumes 3y Time of Day Northbound Approach Southbound Approach Base Projected from Base Projected from Time Traffic Development Total ' Time Traffic Development Total' 19 90 7:00-8:00 106 15 121 7:00-8:00 71 120 8:00-9:00 83 19 102 8:00-9:00 105 15 78 9:00- 10:00 70 70 9:00-10:00 78 10:00- 11:00 71 71 10:00_ 11:00 1 114 24 83 11:00- 12:00 124 124 11:00- 12-00 83 98 12:00-1:00 100 100 12:00-1:00 98 98 98 ! 1:00-2:00 1 100 1:00-2:00 97 2:00-3:00 99 99 2:00-3:00 97 99 88 3:00-4:00 99 3:00-4:00 88 155 4:00-5:00 124 25 149 4:00-5:00 155 5:00-6:00 117 25 142 5:00-6:00 157 157 Eastbound Approach gee Projected from Westbound Approach Base Projected from Total* Time Traffic Development Total • Time Traffic Development 57 as 7:00-8:00 147 113 260 7:00-8:00 28 8:00-9:00 34 57 91 8:00-9:00 116 113 229 0 9:00-10:00 41 41 9:00-10:00 36 10:00-11:00 0 10:00-11:00 36 30 11:00- 12:00 51 51 11:00-12:00 30 43 50 12:00-1:00 43 12:00-1:00 'r 42 1:00-2:00 49 49 1:00-200 42 42 2:00-3:00 49 2:00-3:00 42 49 43 3:00-4:00 81 81 3:00-4:00 43 148 206 4:00-5:00 _ 86 91 177 4:00-5:00 57 91 164 5:00-6:00 47 148 195 5:00-6:00 73 * Base Traft +Artickwed traffic from development and school low CARTER & BURGESS INC. ENGINEERS-PLANNERS-SU;Wil5RS EXHIBIT S Cumulative Frequency Distribution of the Travel Sgeeds Traffic Observed Scpccmber 24, 1991 9 85 to percentile 8 70 0 r z 6 W O W U. S W F-� Q J U 2 10 35 40 45 475 SO Sd so S PEED(KP.H.) CARTMGINEM & BURGSLM ENGINEERS-rtANNEES 7 O L m G m m U L m Etp TN 00 Qf N C' N N Ng tp N > N m m + m o c c e WO N N N N N <7 tN0 N — m r U U G m O � d m � N N N N L E m Qf _ CC tC N C.) N N N O7 cn C7 .^> C GZ Amy �y CL E V p N M N N N N CID N N /7 r lc7 3 < � , 3 v cn o N CC N r p p N c v v v m r m V J N c7 = ` 3 E z m E m A ra s�op p cm M A A m a u 3 W c+f ie v c m N a 3 > Q N N ACL C 2 N ^ m N N co co � N N m O •� a c�pp p: c,00 ^ cnO O N !� cc S g A N m m t t cm L t a, O O O a o o V& � C 0 co N ao N a+ w as a CARTER & BURGESS INC. ENGINEERS•PLANNERS•SURWYMS Y EY141BIT 7 H;szoe am of Base and Projected Volume for white Chapel and Concinencal Blvd. 700 600 Average of Highest 8 hours 453 voh S00 N Q1 U m 3S0 v h v 400 m L U cc a 300 a m E 20 m M 100 0 7 - 8 9- 10 11 - 12 1 -2 3-4 S-6 g _g 10- 11 12-1 2-3 4 -5 Time of Day ® Base Traffic ® Base + Development ENGINEERS CARTER & BURGESRC. EXOBTT 4 - Speed Survey Speed (mph) I Freq % < than ! Speed (mph) Freq % < than Speed (mph) I Freq { % < than 36.7 { 1 0.00 41.0 { 2 { 28.35 45.3 { 45.4 36.8 { 41.1 j 36.9 { 41.2 1 29.92 45.5 3 { ;.02 37.0 1 0.79 { 41.3 45.6 { 37.1 41.4 1 30.71 45.7 1 76.38 37.2 1 1.57 41.5 5 31.50 45.8 37.3 41.6 45.9 37.4 41.7 3 35.43 46.0 2 77.17 37.5 41.8 46.1 37.6 2 2-36 41.9 3 37.80 46.2 3 78.74 37.7 420 2 40.16 46•3 37.8 42-1 5 41.73 46.4 37.9 42.2 46.5 1 81.10 38.0 42.3 6 45.67 46•6 38.1 1 3.94 424 46.7 46.8 1 81.89 38.2 425 38.3 2 4.72 426 1 50.3 446.9 38.4 427 47.0 38.5 1 6.30 428 1 51.18 47.1 2 82.68 38.6 42.9 47.2 :Y ... 38.7 43.0 3 51.97 47.3 2 38.8 1 7.09 43.1 47.4 . 43.2 3 54.33 47.5 38.9 2 ;::...:. 47.6 39.0 43•3 39.1 43.4 47.7 39.2 3 7.87 43.5 3 56.69 47.9 39.3 43.6 47.9 39.4 4 10.24 43.7 1 59.06 48•0 39.5 43.8 48.1 39.6 43.9 482 1 87.40 39.7 44.0 6 59.84 48.3 39.8 44.1 48.4 39.9 44.2 2 64.57 48.5 40.0 3 13.39 44.3 48.6 40.1 44.4 2 66.14 48.7 402 3 15.75 44.5 48.8 40.3 44.6 48.9 40.4 4 18.11 44.7 2 67.72 49.0 40.5 44.8 49.1 2 68.19 40.6 6 21.26 44.9 2 69.29 49.2 40.7 45.0 49.3 40.8 3 25.98 45.1 49.4 40.9 452 4 70.87 49.5 Z�7�7ENARETEER, & BURGSESS INC N Ejbit 4 - Speed Siurey (con-) S mph) Freq % < than Speed (mph) I Freq % < than peed ( 49.6 fill 53.2 49.7 { 53.3 1 98.43 49.8 53.4 49.9 53.5 50.0 2 89.76 S3•6 50.1 53.7 50.2 53.8 50.3 2 91.34 53•9 50.4 54.0 50.5 54.1 50.6 1 92.91 54.2 50.7 54.3 50.8 54.4 50.9 54.5 51.0 2 93.70 S4.6 51.1 54.7 51.2 54.8 51.3 1 95.28 54•9 51.4 55.0 51.5 55.1 51.6 2 96.06 55.2 51.7 55.3 51.8 55.4 51.9 55.5 52.0 55.6 521 55.7 52.2 55.8 523 55.9 - 524 56.0 525 56.1 526 56.2 52.7 56.3 528 56.4 52.9 56'S 53,0 1 97.64 56.6 53.1 56.7 1 99.21 [ CARTER & BURGtFSS ING 7` �a� o ENGINEERS-PLANNERS-SU City of Southlake,Texas I M E M O R A N D U M February 25, 1992 ' TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-75 Zoning Change Request/Concept Plan Approval -------------------------------------------------------------------------- REQUESTED ACTION: Zoning change request and concept plan approval; 19.995 acres, L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G. LOCATION: North side of F.M. 1709 (W. Southlake Blvd. ) , approximately 800 feet West of the intersection of Shady Oaks Drive with F.M. 1709. OWNER: First National Bank of Grapevine I APPLICANT: G Development; Steve Gee, owner CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "SF-20A", Single Family-20A residential Proposed number of lots: 28; Density: 1.4 units per gross acre. LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: Spring, 1990; P & Z and City Council reviewed a SF-20A request on these same tracts. P & Z recommended denial due to noncompliance with the City's Land Use Plan. The City Council denied the request on the First Reading of Ordinance No. 480-18. The applicant at that time was Bass Development Co. i i NO. NOTICES SENT: Seventeen (17) RESPONSES: Ten (10) written responses (5) within 200' and (5) outside of the 200' radius) : In favor: T. F. Morton, 308 Blanco Circle, development OR as long as it remains as drawn now. In opposition: (1) Roy J. Stacy, 320 Shady Oaks Drive, concerned that the City's Master Plan showed the area as low density housing, and the plan for 28 houses on 19.995 acres is not low density. (2) Rick Stacy, 1000 W. Southlake Blvd, Master Plan shows area to be low density residential; should be residential estates with 1 home per 5 acres to be compatible with the surrounding properties (3) Ned and Shirley Conner, 320 Blanco Circle, Lot 54, SouthRidge Lakes, purchased their lot because the land SA- I City of Southlake,Texas Curtis E. Hawk, City Manager I February 7, 1992 Page Two i I to the South was zoned "AG" and they would like to maintain the rural atmosphere in SouthRidge Lakes. (4) Theresa Sivey, 316 Blanco Circle, Lot 52, SouthRidge Lakes, purchased their lot because the land to the South was zoned "AG"; there are enough developments starting in this area, concerned that the homes will sit empty. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Property owners outside the 200' radius: (5) C.N. Leith, 250 Ginger Ct. , concerned about the runoff this development will bring to them. (6) Gale and Joe Gregory, 1100 W. Southlake Blvd., concerned about the drainage problem and the density of homes being considered; development will aggravate an already serious problem. (7) Larry D. Forney, 300 Ginger Ct. , concerned about storm water runoff, noted that SouthRidge Lakes development has increased flow rates. (8) John P. and Diana T. Dyer, 550 Ginger Ct., concerned what SouthRidge Lakes drainage did to Ginger Ct. (Noted poor Southlake planning (i.e. 1709 traffic, accelerated population, increased densities. (9) Randy and Cathy Stacy, 300 Shady Oaks Drive, would like to see the City stay with the Master Plan of Low Density. They offered concern about the drainage. The four (4) written responses do constitute a legal protest of the land area within 200 feet of the request. This necessitates an affirmative vote of at least three-fourths of all members of the governing body. P & Z ACTION: January 23, 1992; Approved to TABLE and continue the public hearing until February 6, 1992 to allow time for further study of the drainage in the area by both the developer and the City. They would also like to know more details about how SouthRidge Lakes' drainage affects the area. February 6, 1992; Approved (4-3) the zoning change request and concept plan subject to the Plan Review Summary dated January 31, 1992. STAFF COMMENTS: Attached please find the Second Plan Review Summary of the required Concept Plan dated January 31, 1992. 04-- 9&-z. D E C - 1 9 - 9 1 T H U 1 0 : 4 9 P . 04 CITY OF SOUTHLAKE APPLICATION FOR CHANGE Of ZONING Submittal Date: 12/30/91 5� 31 Case Number: ZA 91- -75 Fee: $100 .00 Receipt No. - PLEASE TYPE OR PRINT A. APPLICANT OWNER S if ,different Name: G Development (Steve Gee) First National Bank of Grapevine_ Agent: Steve Gee Thad McDonell Address: 8445 Freeport Parkway, #210 1400-South Main Irving, Texas 75063 Grapevine, Texas 76051 Telephone: (214) 621-0059 (817) 481-2531 Be PROPERTY DESCRIPTION: Legal Descri tion: ( Property is unplatted according to the County Deed Records Vol. 6360 , Page 736I74 It is shown as Tract ire of the Lit�le�rry G. Ha-Tl Survey, Abst. No. 68, 6 _� City Tax/Records . ( :/ ) A metes and bounds description is attached. ( ) Property is platted and described as: Subdivision Name: Block , Lot(S) ; Block , Lot(s) ( ) Address of Subject Property: Property Location: North side of Southlake Blvd. ±1000' West of Shady Oaks Drive Acreage: 19.995 Acres ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. { ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS", "SF-30", "SF-28A"; "SF-20B", "MF-lot, "B-1", "B-2110 "HC", "S-P-2" zoning. regt0$ts (Required prior to development site plan submittal, but optional at the time of zoning request for "0-1", 110-2", ffC_lfJ J, ffCf-2ff F OIC-311 I "C.-off 1 11I-2" zoning -districts . ) ( ) A development site plar be submitted with zoning reques in the "MH" and "S-P-1" ?A-3 districts . • .D E C — 1 9 — 9 1 T H U 1 0 : 4 9 P . 05 City of Southlake Application for Change of Zoning Page Two `lir r C. NATURE OF THE REOUEST: Present Zoning: AG Requested Zoning: SF-20A Existing Use: Agricultural Proposed Use: Single Family Reason for Requesting the Change: To allow 20,000 SF lot development D. AUTHORIZATION BY OWNER(S)_: I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all, reasQhablQ time: 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 emp(our) oyees from property initheierecting,for amaintainingr or remes which oval of be said to my (our) property signs . I (We) f ther understand that it is necessary for me (us) to be presen the Pla ning and Zoning Commission and City Council public hears s Signature of Owner 1 Name Typed or Printed Date E. AUTHORIZATION IF AGENT INVOLVED: It , owner of the aforementioned property do hereby Certify that I have given my permission to Steve GqL1, to act as my agent for this rezoning reque !, Sig ature o ner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared THAD MCDONNELL, C.E.O. known to me to be the person whose nan is subscribed to dhtheosameifor instrument purposesand andkconsi.cterationmtheref he or she execute expressed. 19 DECEMBER Given under my hand and seal of office this day of ,._.�.� 19 91 . SHELLA HOOD + Notary Public VQMy>Tustic -r-O—RTEXAS * * STATE OF TEXAS My Commission expires the y' My Comm.EV•Mar.17.im 9��• 9A-q , . �. . , • , ����� �� _ y |: ! | � § f ■ § § ' I % k |. ! | ; � | | ;| § , |,,1..�;|, ; . �■� .2 �| ; ; � ! � §l |' | ,|- § V § I;-; i _ |K .� 2 ■ � . > ; , : | ` !.! . 2| � ■ • �} | . j � § ] `2 - /� � , !■ \� � . « q � ' | a k ;\ � a- � § . E � .m , , §{ t ,| (- §� 3 |! &§ � ?A-5 — -- F FIELD NOTES FOR A 19.995 ACRE TRACT BEINCL-a 19 995 acr�aU situated in the Little Berry G. Hall Survey, Abstract No. ak-an+d-h Jtr= described in deeds to Lanny M. Tate as filed for record in Volume 6360, Page 736 and.Volumes 6360,Page 7 a of the Deed Records of Tarrant County,Texas and being more Particularly described-by follows: COMMENCING at the Southwest corner of said Hall Survey, THENCE South W 30'20" East a distance of 1299.13 feet to a point; THENCE North OV31'55" East a distance of 50.00 feet to a found 5/8" iron rod for the POINT O BEGINNING; THENCE North 01*31'55" East a distance of 1307.67 feet to a found 5/8" iron rod; THENCE North 89"51'29" East a distance of 66156 feet to a found "X" cut in concrete; THENCE South 01*31'S5" West a distance of 1326.56 feet to a found P.K. Nail in the North right-of-way li: of Southlake Boulevard (F.M. 1709); THENCE North 88°30'20" West a distance of 66128 feet to a No line of of iland more Boulevard to t POINT OF BEGINNING and containing 19.995 acres (870,979 square ) gA-� live W.&A - / 7K � tfss S. 2B1 2B3 2�z / ,-.-_ �..'J�C- +t�.. F-{� - =_`• � . / 04AT 2, 294 k •' S I SURVEY ABSJMQ 522- 2e Ilp __ Ix.! 2091 I 61 Ac 11AA R� -\ 2C 3EV 3E2 rx 3E ISM /iAll'2A1 •. `. 3A A,A C I — — — Ic ' . .I. 3= I ;3AIA SW ~ UTA 31" •30, PARR�,,� y. CA I 3Ci 301 �- r SJK 388 Z I _ �•�7' -� __ 362 W4 I i 0i' cr r_ 3 3j 3HI r3B3 IO A.- 2- -- `J IG IAI 4. I- � I _ IC3 _-_J >-, - - ID E 17C 33P 3 -J I 522Ac��_- 3C i 3D I .Ac. K 3�I a� 3B I N g I� I WIF R AE A BLVD. I _ --_ 3 .IA IA. 2 2A I 2: 28FZ:-3E__ 3< -3C2 IAc. ..n. - i 3 155 A 2Ac i r 37 Ac I 20 Ac -'A I�',.I 131AC 9>'3Ac; IS Ac. 3A i - I i S U VEY A ST.�4-9T` �I~ { ut..Y. ` I --,y ►" i=� I ; 3HI A �G 3H 3"' SURVE ABST. N21255 - --- x • `r,: ;_ � Est/► E 3AI 6Ac. _ ,. •AO e< , /�' •�,- ID• ID w Ic ,c '\ 3n 3D \ .� I t SAt. . N Vol �' r 6•c --- HoutoAm .vt. 2. . ,- _-_- PEi • IM 2 _ �,\ 3 GN ID AC 30 Ac ' I .. RIB � IC ID 5.c 1� . 10 a .k -�y o nn M Y `. • r iE A. _ �. dl. 11-U ®� SURVEY ABST N2667 E 2•=� TRAC T LO 5JU SE CATION MAP - SA , 1 U%riA! w T CONTINENTAL B..VO — '-- _ 2 2 I 203 20 I 2 2A I 2DD 47 ............ MEN .... .....................OEM. .0 mi I. ..... ......... Im. ................... . ...... mown . .......... ... . .... . .....-X CD .................. LLI: .............. ........ . . .......................... .............. .. ......... ......... .... .. ........ ............. ......... .. ........ am ................ . ......... . . ......... ........... .. ........... .......... ........... ........... ........... .... ... ........... .... .......... ............. ... .... .... ....... ..... :!oAi iz .. ........ ................ . ......... ......... a mw,;:*:*: i j ............. ........... . .... .... .... ...................... ...... . .. .... X.X.: ............. X.W ............... ;2 X%i SK.i*�- -K:-0 ............ ....... ..... .......... ........ ................. ........... :K0. ....... mv .. .... . ......... .......... .......... . .......... ............ ............ .... ........ .......... .. .......... AND USE/THOROUGHFARE .I.Il""I.I.I..'.....-. -K ORE. WWO ................ i1v ............. .......... RUH ........... .......... WOKKOI .................... in� S-g, gn 9 elk 7 • w, 1 � 6 C 40 2./ 45 w w TA 3A1 al far j se ss ` 57 ! 56 3.12 AC 7 J 39 1 38 1 37 • 46 60 1 B.w 36 th BLAB CIRCLE ! V Baac Savials TR 3AtA + ING 47 • « 1.13 AC 32 rton 5 i:9 e A te 2 51 1 u ! 3 s3 i I 2 34 's 33 Ie 3 4 31 1'SF-20A'• •SF� / Stacy Fjoy J. TA 361A TR 3AA 4.74 AC TR 3e1 SAE 3.09 AC e TR 3AC ! TR } 2.313 ! scams Tames e. 9n e.69 AC «ACr ! 3r l0A ,,.. Stacy, James TR TA 3Mi Closers. Cecil ! 1.1 AC TR 392 TR Si 5.72 AC l i .711 ! .. AC w A � w• TR 364A 12 TR 3J1 1.35 AC ! 3.6e6 AC ! . e 6. HALL 13 s TR 35" 6EY 96 State of Texas TA 1A .726 AC •1 . W w w « � w -4 Southlake Joint etlt Smith. J.V. = t ! s 9 30 11 ! 9 19 Wayland. Y. . TR 1 1 M or, se ,964 AC TA 2A "AC' ' a "• ' Ay57AC .. 7 1 12 m = 17 ri W Southlake Joint 32 V s 61 J !3 lb M • � 3 � w � "P1ID 0211 ~ ' = 4 Z 1 W 14 1s oam M / 1 C) Southlake Properties J t Venture TR 2 ` W 2 3 4 s i DD�� 9 54 53 s to / y 32 i 12 3 c '« 51 COOK w 7IM8ERCREST 13 � i t ` 46 4 17 , 46 ; 14 j is 2E 2 w w 50 'M -1 2 = 45Il i 44 s i 16 m ' 6 « a3 to f7 � y RIDGEDALE 19 �S f- '- 7 3 LPKEHVPST m TA 2 co =.z 77.227 .� ; U B SA—q „ ' 23 . o A • ,n� EY a 79 Gfl� City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA91-75 REVIEW NO: TWO DATE OF REVIEW: 1/31/92 PROJECT NAME: Concept Plan - Pecan Lakes SF20A Zoning Request OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: G. Development Carter & Burgess 8445 Freeport Parkway 7950 Elmbrook Drive Suite 210 Suite 250 Irving, Texas 75063 Dallas, Texas 75247 Phone: (214) 621-0059 Phone• (214) 638-0145 Fax: Fax• (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/31/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . It appears from a previous submittal that the area of tree cover is larger than that shown. Please show full extent of existing tree cover. * The applicant may wish to provide conceptual sketches of the screening fence and/or entry areas . * All signs and culverts must be permitted separately. Proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. * The applicant should be aware that any revisions made prior to City Council must be received at the City by February 10, 1992. All revised submittals should be folded 6" x 9" and include an 8.5" x 11" reduction. * Denotes Informational Comment cc: Carter & Burgess G. Development SA- 10 .a1 W "HIM! Ishii = o 0o J i i":3Ei 3 r e � O � ■? TAIL♦�i+ . ,! T ob1� i vo�?� 3$ It a o� � 1♦i��i I Y i _a_ $A—11 CITY OF SOUTHLAKE, TEXAS NANCE NO. 480-65 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 19.995 ACRE TRACT OF LAND OUT OF THE L.B.G. HALL SURVEY, ABSTRACT NO. 686, TRACTS 3F AND 3G, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE FAMILY-20A RESIDENTIAL SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE FFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. ER , the City of South a a ome rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "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 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 0".489-6510RD/kb Page 1 VX �� and effect of such lights on established character of the • neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section I. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of Sept so ethat989,the a perm tted originally uses opin adopted hereinafter hereby amended ORD.48465/ORD/kb Page 2 described areas be altered, changed and amended as shown and described below: Being approximately a 19 . 995 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-20A" Single Family-20A 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 o most a propriaten use a of value lland o buildings and f the encouraging the P community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists ORD.480-65/ORD/kb Page 3 the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section S . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and days before lace for a public hearing thereon at least ten (10) y second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1992 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1992 . MAYOR ATTEST: CITY SECRETARY ORD.480.65/ORDlkb Page 4 Q ce APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ORD.48465/ORD/kb ^ /� Pape 5 City of Southlake,Texas M E M O R A N D U M i i February 25, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator I SUBJECT: ZA 91-76 Preliminary Plat: Pecan Lakes ------------------------ REQUESTED ACTION: Preliminary Plat of Pecan Lakes; 19.995 acres, L.B.G.Hall Survey, Abstract No. 686, Tracts 3F and 3G, 28 lots. LOCATION: North side of F.M. 1709 (W. Southlake Blvd. ) , approximately 800 feet West of the intersection of Shady Oaks Drive and F.M. 1709. OWNER: First National Bank of Grapevine APPLICANT: G Development; Steve Gee, owner CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "SF-20A", Single Family-20A residential NO. NOTICES SENT: Seventeen (17) RESPONSES: Eight (8) written responses, all opposed: Four (4) within 200' : Roy Stacy, Rick Stacy, Ned and Shirley Conner, and Theresa Sivey. Four (4) outside the 200, radius: C.N. Leith, Larry D. Forney, John P. and Diana T. Dyer, and Randy and Cathy Stacy. (See ZA 91-75 for property owners' detailed concerns. P & Z ACTION: January 23, 1992; Approved to TABLE (6-0) and continue the public hearing until February 6, 1992.) February 6, 1992; Approved (5-2) , subject to the Plat Review Summary dated January 31, 1992, deleting items 2 and 3. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated January 31, 1992. KPG gB-I CITY OF SO(TIHIAKE 2/07/90 PRELIMINARY PLAT APPLICATICN TITLE OF PLAT: Pecan Lakes 995 19. SUBMITTAL DEADLINE: December 30, 1991 TOTAL DOTS: 28 TOTAL ACRES: . APPLICANT O ER (if different) NAME: G Development (Steve Gee) First National Bank of Grapevine ADDRESS: 8445 Freeport Pkwy., Suite 210 1400 South Main Irving, Texas 75063 Grapevine, Texas 76051 PHCNE: (214) 621-0059 (817) 481-2531 I hereby certify that this plat is in conformance with the requirements of Subdivisior Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning (ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address 7 unre7so!l7d issues. Signed: Date: For City Use Only: I hereby acknowledge receipt of the preliminary plat applicatio and the application fee in the amount of $ `F 30''-° on this the 30 day of 1971. r Signed: Title: The following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATICN On Plan Applic. Acceptable scale: 1" = 501 , 1" = 100', 1" = 200' North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "A Preliminary Plat of..." Title includes City, County, State and survey name and abstract Title include$ total gross acreage and date of preparation Name & address of record owner &.subdivider (if different) Name, address and phone of Ehgineer/Surveyor/Planner Standard approval block provided AWACENT PROPERTY (within 200') Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block rnmbers, street names, subdivision name & plat record vol. & page. Locate City Limit or E.T.J. Lines F�dsting zoning label on this tract and adjacent property _ Existing easements adjacent to this property (Type & Size) Previously approved concept plans or preliminary plats Adjacent street intersections shown with street names I B-z, City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 91-76 REVIEW NO: TWO DATE OF REVIEW: 1/31/92 PROJECT NAME: Preliminary Plat - Pecan Lakes OWNER/APPLICANT: ENG/SURVEYOR: G. Development Carter & Burgess 8445 Freeport Parkway 7950 Elmbrook Drive Suite 210 Suite 250 Irving, Texas 75063 Dallas, Texas 75247 Phone: (214) 621-0059 Phone: (214) 638-0145 Fax: Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/31/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. It appears from a previous submittal that the area of tree cover is larger than that shown. Please show full extent of existing tree cover. 2. Per the requirements of Ordinance No. 483, Section 5.03-K-1, please provide a street stub east from the northernmost cul-de-sac. 3. Ordinance No. 483, Section 8.01-F requires a minimum of 125' lot width adjacent to property shown on the Land Use Plan as lots of one acre or larger in size. This would apply to Lots 3, 5, 10, and 12 . * The applicant should be aware that any revisions made prior to City Council must be received at the City by February 27 , 1992. All revised submittals must be folded 6" x 9" and include an 8.5" x 11" revised reduction. * Denotes Informational Comment cc: Carter & Burgess G. Development S�3 J i � cc i W = of �'• s d . t rl3 e + 5t �y •I }� I A � j :/ ' •� �'�. ', f •� G I� S �� _ice A x V .._. _. / ,L•+"Load !.9f�if Jon w � �; i Z..4Lqy•� jjIlk I t < . 1 a;1 t City of Southlake,Texas CITY MANAGER MEMORANDUM February 25, 1992 i TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: TRI-COUNTY RATE INCREASE , ------------------------------------------------------------------ At the December 3, 1991 City Council meeting, the Council moved to suspend action on the Tri-County Electric Cooperative rate increase pending a 90 day study period. Since this time City staff has further investigated the situation and presents the following supporting data and findings. City staff has contacted Tri-County i representative Ed Kelly, as well as Sonny Rhodes with TU Electric to inquire about rate structuring procedures . Ed Kelly of Tri-County explained that all cities in the service area have referred their rate increase on to the Public Utility Commission with the exception of Colleyville, Fort Worth, Haslet, and Southlake. Fort Worth rejected the rate increase and is i challenging Tri-County's actions. The remaining three cities including Southlake opted for the 90 day study period during which time rate increases were suspended. All other cities serviced by Tri-County are currently being billed=ahe new rate. Sonny Rhodes of TU Electric explainhis company's rate is standardized for all regionally serviced cities in the Dallas-Fort Worth area. The customer charge in Southlake is $6 .00 per kWh. The residential service charge in our region for the month of January 1992 was $69 . 17 based on 1,000 kWh. The 12 month 1991 average for this area was $74 . 13 . This figure placed the Dallas- l Fort Worth area average bill eleventh nationwide in comparison to i the twenty-five largest metropolitan areas. Pursuant to the request of the Council to suspend action on this j matter for 90 days, the City now is required to hold a Public Hearing regarding the Tri-County rate increase. The 90 day period ends on Tuesday, March 3, 1992 . { See attachments for Tri-County rate increase responses from service i area cities, Tri-County's detailed year-to-date statement of operations and TU Electric's rate comparisons . I CT City of Southlake,Texas I TRI-COUNTY RATE INCREASE RESPONSES The following listing indicates how all cities serviced by Tri- County Electric have responded to the company's proposed rate change. SUSPENDED ACTION Colleyville Halset Southlake i i REJECTED Fort Worth APPROVED Annetta Azle Granbury Haltom City Keller Lipan Newark North Richland Hills Pelican Bay j Reno i Rural I{ Sanctuary Westlake Willow Park • I PAGE I c -••.';4•.•..�,- FINANCIAL AND STATISTICAL REPORT TEXAS 101 PARKER REA FORM 7 (REV. 8-88) TRI-COUNTY ELECTRIC CO-CP. 600 NW PARKWAY AZLE Tx 76020 1/31/92 CERTIFICATICN We hereoy certify that the entries in this report are in accordance with the accounts and ocher records of the system and reflect the status of the system to the best of our knowledge and belief. ALL INSURANCE REQUIRED BY PART 1788 OF 7 CFR CHAPTER XVII, REA, WAS IN FORCE DURING THE REPORTING PERIOD AND RENEWALS HAVE BEEN OBTAINED FOR ALL POLICIES. _ w - 02/06/92 SIGNATURE OF OFFICE MANAGER OR ACCOUNTANT DATE 02/06/92 ATURE OF ANAGER DATE ,,.: .::; , ..::.. �. ... ..,:.a....az�,*,.�rcw;` ci•�;wc�PARi�/l <SIATEMENT OF.�OPERAT:[ONSsa.:::>:>:->;,. YEAR-TO-DATE THIS MONTH ITEM LAST YEAR THIS YEAR BUDGET (a) (b) (c) (d) 1 Operating Revenue and Patronage Capital S3,569,079 S2,770,992 S3,857,581 S2,T7C,992 2 Power Production Expense 3 Cost of Purchased Power S2,814,791 S2,115,689 S2,926,263 $2,115,689 4 Transmission Expense 5 Distribution Expense-Operation 48,512 39,566 48,641 39,566 6 Distribution Expense-Maintenance 93,249 103,373 102,253 103,373 7 Consumer Accounts Expense 90,748 93,738 88,372 93,738 8 Customer Service and Informational Expense 9,977 6,000 11,882 6,000 9 Sales Expense 6,213 13,995 9,873 13,995 10 Administrative and General Expense 146,041 158,878 153,918 158,878 11 Total Operation S Maintenance Expense (2 thru 10) S3,209,531 S2,531,239 $3,341,202 S2,531,239 12 Depreciation and Amortization Expense 128,987 139,766 132,348 139,766 13 Tax Expense-Property 39,205 51,000 35,036 51,000 14 Tax Expense-Other 52,915 49,430 65,257 49,430 15 Interest on Long-Term Debt 170,409 170,998 187,154 170,998 16 Interest Charged to Construction-Credit 17 Interest Expense-Other 3,720 3,120 4,018 3,120 18 Other Deductions 3,446 9,864 3,006 9,864 19 Total Cost of Electric Service 3,608,213 2,955,417 3,768,021 2,955,417 20 Patronage Capital i Operating Margins (1 minus 19) « <{S4'F4 ''s as;'r :184>'4y� £ :<:As:;589:SbO>': •=>'S184 425 •..bc,y:..: t.n..v:••. .:�F'•:::a:\,:>:s.;+r..F;�.�r+� .. .a.:.,,1 - .. ( -::..•./.n...-.2. 21 Non Operating Margins-Interest 34,079 25,646 53,072 25,646 22 Allowance for Funds Used During Construction 0 0 0 0 23 Non Operating Margins-Other 1,355 1,419 0 1,419 24 Generation and Transmission Capital Credits 0 0 0 0 25 Other Capital Credits and Patronage Dividends 0 0 0 0 26 Extraordinary Items 0 0 0 0 27Patronage Capital or Margins (20 thru 26) ':-:'.�',:'w-'a::.:;.;:�:.ss{33:y:.�/'Y,Q:)'-'?M"�:x;: iRIlMSpins IOw:ANQ 41STRIBUTION.PLANT 1 New Services Connected 51 43 2 Services Retired 4 7 3 Total Servfces in Place 35,046 35,873 4 Idle Services (Exclude Seasona U 5,349 5,517 5 Mftes Transmission 0 0 6 Miles Distributfon-Overhead 3075.58 3104.34 7 Miles Dfstribution-Underground 26.88 29.36 8 Total Miles Energized (5+6+7) 3102.46 3133.70 PG 1 OF 7 PGS rc 3 ragt FINANCIAL AND STATISTICAL REPORT TEXAS 101 PARKER TRI-COUNTT ELECTRIC CO-OP. r== REA FORM 7 (REV. 8-88) 600 NY PARKWAY AZLE 1X 76020 12/31/91 CERTIfICAi1CN we hereby certify that the entries in this report are in accordance with the accounts and other records of the system and reflect the status of the system to the best of our knowledge and belief. ALL INSURANCE REQUIRED BY PART 1788 OF 7 CFR CHAPTER XVIi, REA, WAS IN FORCE DURING THE REPORTING PERIOD AND RENEWALS HAVE BEEN OBTAINED FOR ALL POLICIES. %-/ L 01/09/92 SIGNATURE OF OFFICE MANAGER ACCOUNTANT DATE Q 01/09/92 SIGNATUR F MANAGER GATE ;,'`-.:'.ed� PAR.1•z:A::�:;;�'FATEMENT.:BF.aPERJIT.::tONS ..�.�......... •..:`...: ..... ,.�.:: ....:...::...... TEAR-TO-DATE THIS MONTH ITEM LAST YEAR THIS TEAR BUDGET (a) (b) (c) (d) 1 Operating Revenue and Patronage Capital $35,229 939 S34,731,766 S37,833,487 S2,663,729 2 Power Production Expense 3 Cost of Purchased Power 525,782,077 525,818,118 527,652,496 $2,064,595 4 Transmission Expense 5 Distribution Expense-operation 629,462 49T,946 756,670 Z, 2 7 6 Distribution Expense-Maintenance 1,036,897 1,044,124 1,248,505 4,012 7 Consumer Accounts Expense 1,023,393 1,060,082 1,059,338 98,585 8 Customer Service and Informational Expense 73,544 91,487 75,667 8,648 9 Sales Expense 84,560 98,771 75,667 11,039 10 Administrative and General Expense 1,537,918 1,780,901 _ 1,626,640 155,878 11 Total Operation 9 Maintenance Expense (2 thru 10) S30,167,851 S30,391,429 S32,495,183 $2,455,689 12 Depreciation and Amortization Expense 1,518,615 1,609,783 1,551,173 139,164 13 Tax Expense-Property 381,457 537,680 414,409 76,775 14 Tax Expense-Other 589,194 584,439 607,095 45,895 15 Interest on Long-Term Debt 1,991,003 2,050,835 2,043,008 172,171 16 interest Charged to Construction-Credit ``'' 17 Interest Expense-Other 49,202 43,78T 75,66T 3,536 18 Other Deductions 39,638 861081 30,267 12,840 19 Total Cost of Electric Service 34,736,960 35,304 034 37,216,802 2,906,070 ti�yZ 3444. 20 Patronage Capital b Operating Margins (1 minus 19) Y„ 39 ,4 ;g ,,<..f.:;::�:,x„.:.::,:::.<.• , .>-- M>.• ::.>.a..:...::.:.::.:.,:: 21 Non Operating Margins-Interest 440,858 361,579 454,002 28,572 22 Allowence for Funds Used During Construction 23 Non Operating Margins-Other 2,123 6,902 0 (3ZT) 24 Generation and Transmission Capital Credits 25 Other Capital Credits and Patronage Dividends 113,489 133,004 0 26 Extraordinary items 096)_ 27 Patronage Capital or Margins (20 thru 26) :> 1i3)4444"': :>s<:f10706aT- >>•>:<•:<(3NO 224 ,.. ux 3�-?° �, 4.'•':'.>o" "`"PART--i art.`QR7 Cxi RANSMI.SS[ON.�INQ DtSxRIBliF1.(N1 FLAIIT ..,> .,,. 1 New Services Connected 836 911 2 Services Retired 90 69 3 Total Services in Place 34,995 35,837 . 4 We Services (Exclude Seasonal) 5,335 5,536 S Miles Transmission 0.00 0.00 6 Miles Distribution-Overhead 3,070.82 3,101.83 7 Miles Distribution-Underground 26.49 28.62 8 Total Miles Energized (5+6+7) 3,097.31 3,130.45 PG 1 OF 7 PGS �� PAGE 16 �_..: FINANCIAL AND STATISTICAL REPORT TEXAS 101 PARKER 'O :•�t- REA FORK (REY- d-88) TRI-COUNTY ELECTRIC CO-OP. • 600 NY PARKWAY AZLE TX 76020 11/30/91 CERTIFICATION We hereby certify that the entries in this report are in accordance with the accounts and other records of the system and reflect the status of the system to the best of our knowledge and belief. ALL INSURANCE REQUIRED BY PART 1788 OF 7 CFR CHAPTER XVII, REA, WAS IN FORCE DURING THE REPORTING PERIOD AND RENEWALS HAVE BEEN OBTAINED FOR ALL POLICIES. SIGNATURE OF OFFICE MANAGER OR ACCOUNTA DATE 12/05/91 SIGNATURE OF MANAGE DATE : PAIlT':�Ai�3TAME NT 0FOPERAT[ON5 .� . YEAR-TO-DATE THIS MONTH ITEM LAST YEAR THIS YEAR BUDGET (a) (b) (c) (d) 1 Operating Revenue and Patronage Capital S32,661,125 S32,068,037 $35,074,835 S2,636,643 2 Power Production Expense 3 Cost of Purchased Power E23,849,964 s23,753,522 S25,580,213 S2,029,390 4 Transmission Expense 5 Distribution Expense-Operation 565,189 455,014 679,408 42,977 6 Distribution Expense-Maintenance 942,085 970,113 1,134,344 93,870 7 Consumer Accounts Expense 940,779 961,497 973,822 87,790 8 Customer Service and Informational Expense 65,649 82,839 67,544 6,440 9 Sates Expense 76,354 87,731 68,324 7.117 10 Administrative and General Expense 1,414,642 1,625,023 1,496,437 150,577 it Total Operation 3 Maintenance Expense (2 thru 10) S27,854,662 S27,935,739 S30,000,092 S2,418,161 12 Depreciation and Amortization Expense 1,390,210 1,470,619 1,420,015 137,642 13 Tax Expense-Property 341,990 460,905 371,533 T7,000 14 Tax Expense-Other 545,035 538,543 561,595 43,852 15 Interest on Long-Term Debt 1,819,652 1,878,665 1,867,182 168,817 16 interest Charged to Construction-Credit 17 Interest Expense-Other 45,101 40,251 69,360 3,258 18 Other Deductions _ 38,625 73,240 29,494 10,722 19 Total Cost of Electric Service 32,035,275 32,397,962 34,319,271 2,859,452 20 Patronage Capital t Operating Margins (1 minus 19) x> Z625'$5g '°< i3 `.9ZSf:= '`'rS : $222'809)_. 21 Mon Operating Margins-Interest 406,785 � 333,007 >4i8,913 ,..,., ,:.,.,-:30,014 22 Allowance for Funds Used During Construction 23 Non Operating Margins-Other 367 7,229 0 3,541 24 Generation and Transmission Capital Credits 25 Other Capital Credits and Patronage Dividends 113,489 133,004 0 26 Extraordinary items 27 Patronage Capital or Margins (20 thru 26) (5189>254); :. ...Z '::-h> •: c^ :....... ltR lT, 7,Ia1l7JR fl1E R/iNSMLSSIOM?:JU1D:;.DLSTRLBUFf 1 New Services Connected 789 858 2 Service's Retired 84 63 3 Total Services in Place 34.954 35,790 4 idle Services (Exclude Seasonal) 5,217 5,472 5 Mites Transmission_=- -- - _-_ 0.00 0.00 6 Miles Distribution-Overhead 3,066.60 3,097.09 7 Miles Distribution-Underground 25.21 27.86 d Total Mites Energized (5+6+7) 3,091.81 3,124.95 PG 1 OF 7 PGS Q c Section No. Sheet Nc- III-A 1 TEXAS UTILITIES TARIFF Effective Date MR ELECTRIC CCWAMY ELECTRIC SERVICE Leptesber 19, 1991 Revision Pape Orr 1 of Section Title Tariff Now Applicable RATE R RESIDENTIAL SERVICE RESIDMIAi. SEMCE Entire "tam APPLICATION AFpticable to ail custom for all of the electric service supptid at one point of delivery and assured throLc arm eater used for residential purposes (which my include small amounts of camerciat, ape us incidental to residential usage) in an individst private dnatlinp or in an individually metered spertae:nt for which no specif rate is provided. Not applicable to tasporery, shared, or resale service. TYPE OF SERVICE Single or three phase, 60 hertz, at standard vottages as described in the Caipsny's Tariff for Electric Service. there service of the type desired by Custo w is not atready ovaltoble at the point of delivery, additions) char, and special contract arrangements between the Caspmny end Custaer may be required prior to service being furnished. MONTHLY RATE Custwor Charge: 56.00 Energy Charge: On-Peak Months Off-Peak Months 5.50c per kwh 5.50e per k11h first 600 k11h 2.65e per ksh sit additions) k%h Minima: 56.00 Fuet Cost: Plus an amut for fuel cost eatcutstd in accondenee with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordo c with Rider PCR. Payment: If its are due when rsndared and beear past due if not paid within 16 days thereafter. DEFINITIONS through Apr ti am the billing m t months of May through October. Of months are the biting months of November AGREEMENT An Agrsuant for Electric Service with a term of not less than one year is rpuired when speciat contract arrarems nts are Involved. NOTICE Service hereunder is subject to the ardera of repAstory bodies having jurisdiction and to the Coapany's tariff Electric Service. TU Electric Residential Service Bill Comparison - 1000 kWh 25 Largest U.S. Cities 12 Months Ended January 1992 12 Jan Dee Now Oct Sap Aug Jul Jun May Apr Mat Fab Month 1 M 1W- 1991 1"1 91 1 01 1Z I" 1M IZ Mt Lam Am_ Saame 40.22 40.22 20.31 2631 25.01 2S.81 26.51 28.81 20.31 28.S1 4022 40.22 32S1 Memphis 58.01 SS.01 50.01 SOAP 56.01 68.01 S0A1 56.01 5&01 Sa.01 50.Ot 3&01 S&M Miweukee 60.26 5a.66 56.06 S6.66 56.66 SIM SLOG 3LW 50.42 30.42 40.42 W.42 SO.OS IrAwupaft 59.15 50.15 50.78 SOTS 39.78 SO." OOM 00.66 $0.02 59.02 59.02 50M 80.00 San Antonb 0020 8=1 03.10 5200 6733 65.44 63.50 60.77 S0.22 6039 WAS WM 62.49 Washington D.C. 0263 02A6 6321 76.72 70A3 79AS 81.08 73.17 61.30 61.30 61.$3 6123 06.83 CQ1UMb4A 65A7 0.97 67.41 67.41 7329 7329 7529 7520 OL31 0"1 4&31 6631 0&43 JacksonvNb 00.15 00.15 00.13 69.15 7MW 7020 70AD 70M 7020 7020 70.20 7020 am Dsnww 72.87 74.91 60.33 73.54 73A0 7207 75.53 76.75 74.15 82.54 70.67 73r13 72.61 Now Orleans 71.57 M12 71.46 74.97 75.70 77.22 73.73 74A0 74.92 "M 72.31 7720 74.02 Oall"MWorth 0017 69/5 0020 SO44 80.64 0040 MAI 71M IM83 60.24 0040 OL24 74.13 St Louis 6SA0 G&W 65A6 66.06 50.34 96.34 9s u 96.34 am am am 63A7 um mmore 5277 83AS 64AO SCSI 10140 101.30 101.30 101.30 75.69 M59 78M 75.S9 57.06 >'UsAO __ 97.67 67.47 87.47 94.34 94.54 94.34 9434 94.34 SQ.St SS.St GUI OM 00.00 LosAngeies SM49 91A6 91.96 SIAS WOO ffr9 0269 0244 02.44 44 91.41 $1.41 9ZAS >041on 100.12 100.12 100.12 110.37 110.57 110.57 Ian DOSS 99.S5 50.60 50.09 97.30 100.74 Detroit 104.02 101.32 10132 101.52 101.32 101.32 101.32 101.32 101.32 101.32 101.52 101.52 101.80 CMeago 10251 s8.67 73.W 11=0 IZL30 123.31 127.30 126.44 101.38 102.OS 78M 74.32 102.Ss Phoenhc 104.01 104.06 SO= 105.51 10631 106.51 106.S1 106.51 106.51 96.32 96.32 9032 102.57 Cleveland 110.40 110.40 110.40 110.40 131.80 133.65 133.05 133.6E t12A3 11225 11225 112.13 110.60 San Diego 120.73 117.42 117.42 117.42 117.42 117.42 117.42 117.42 117.42 12240 122.27 12Z27 116.93 San Jose 129.12 12729 127Z9 127.97 12727 127.97 127.97 127.97 12727 129.20 129M 12920 12&M San Francisco 131.36 12932 129.32 130.51 130.31 13031 130.31 13031 13UI 132.01 1=01 132.01 130.79 New York 130M 131.37 130M 13228 141.37 144.84 14529 149.31 136.1E 134.89 134.w 134.91 137.23 Philadelphia 146.85 148.85 146 a5 140.SS 136.72 131.40 131.40 151.40 141.13 135M 134.02 134.27 143.30 Average 87.91 $7.50 95.78 8922 94.28 94.33 94.34 93.77 87A0 53.03 85.65 8622 $9.37 NOTES: 1.Fuel sortkWuded. 2 TU Elsatrb's Juns fturs includes fuel ondt 3.Ranking,lowest-I.so figures in"late. Rate Depatnent January 24.1982 5c ��' 0. f ORDINANCE NO. 555 r AN ORDINANCE APPROVING PROPOSED CHANGES IN RATES AND SERVICE REGULATIONS FOR TRI-COUNTY ELECTRIC COOPERATIVE, INC. AND PROVIDING AN EFFECTIVE DATE THEREFORE; PROVIDING CONDITIONS UNDER WHICH SUCH RATES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED, OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of theZd xas Constitution and Chapter 9 of the Local Government Code; a WHEREAS, in accordance with Section 17 (a) of the Public Utility Regulatory Act (Article 1446c, Vernon' s Annotated Civil Statutes) , and its City Charter, the City of Southlake currently exercises exclusive original jurisdiction over electric utility rates, operations, and services; and WHEREAS, on November 4 , 1991, Tri-County Electric Cooperative, Inc. filed an Application For Authority to Change Rates and Statement of Intent with the City of Southlake; and WHEREAS, Tri-County Electric, contemporaneously with its filing with the City, filed an Application with the Public Utility Commission of Texas to approve the implementation of rate changes contained in its Application For Authority to Change Rates and Statement of Intent; and WHEREAS, the City Council of the City of Southlake has reviewed the rate request filed with the City and finds that said rates are just and reasonable; and slake\tricounty.alt(12391) '1' WHEREAS, the City Council of the City of Southlake, after having thoroughly considered the matter, is of the opinion that the best interests of the City and the citizens will be served by the approval of the proposed rate changes and service regulation changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 The City of Southlake hereby approves implementation of and authorizes Tri-County Electric Cooperative, Inc. to charge, within the corporate limits of the City, the rates allowed and approved by the Public Utility Commission in Docket No. ; with the effective date of the new rates to be contemporaneous with the effective date of those changes allowed by the Public Utility Commission. Said approved rates shall be effective until same may be changed, modified, amended, or withdrawn by the approval of the City Council of the City of Southlake. SECTION 2 Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council of the City of Southlake, under state law or City Charter, to regulate the rates, operations, and services of Tri-County Electric Cooperative, Inc. SECTION 3 It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required by law. 9etr 2- slake\tricounty.alt(12391) -2- z SECTION 4 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 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 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 J'd- 3 slake\tricounty.alt(12391) -3- 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' Q slake\tricounty.alt(12391) -4- City of Southlake,Texas M E M O R A N D U M February 21, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator i I SUBJECT: ZA 92-02 Specific Use Permit ------------------------------------------------------------------------------ REQUESTED ACTION: Specific Use Permit for Petroleum Operations per Ordinance 480, Section 45.1 (26) . LOCATION: 2201 Highway No. 26 West, being 16.48 acres, Harrison Decker Survey, Abstract No. 438, Tract 1B1A; C.B.McDonald Survey, Abstract No. 1013, Tracts 4B and 4C; and P.R. Splane Survey, Abstract No. 1453, Tract 1B. OWNER/APPLICANT: Explorer Pipeline Company CURRENT ZONING: 11I-211, Industrial-2, Heavy Industrial District LAND USE CATEGORY: Industrial NO. NOTICES SENT: Seventeen (17) RESPONSES: None P & Z ACTION: February 20, 1992; Approved (5-0) with the letter dated February 14, 1992, amending item #6 regarding bufferyards. The Commission recommended showing a bufferyard along Continental Blvd. and along the east side of the property adjacent to Tract 3, Green Meadow Addition; along the west side of the property adjacent to the manufactured homes; and along S.H. 26 R.O.W. The bufferyards are to be placed at the time of a building permit request for new construction. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated February 28, 1992. ft/ KPG IA- r CITY OF SOU HLAKE APPLICATION FOR SPECIFIC USE PERMIT Application No. : ZA 92-61 To be filed with the Zoning Administrator at City Hall, Southlake, Texas in time for proper notice of public hearing to be made and notices to be sent to property owners within 200 feet, fifteen (15) days prior to the public hearing. A fee of $100.00 and a site plan must accompany this application. NAME OF APPLICANT: ADDRESS: Explorer Pipeline Company Explorer Pipeline Company 2201 West Hwy. 26 6846 South Canton Ave . , 3rd F1 . Southlake , TX 76092 . Tulsa, OK 74136 DESCRIPTION (metes and bounds) OF PROPERTY REQUESTED TO BE CONSIDERED: See attached property description PRESENT ZONING DISTRICT OF PROPERTY IN QUESTION: I-2 Heavy Industrial District REQUEST FOR SPECIFIC USE PERMIT IS AS FOLLOWS: Special Exception Use Permit for a petroleum operation. The above information is true and accurate to the best of my knowledge. SI(RiATURE P FIL G TEST (must be owner of the property): Approved as to tQM Curtis L C'Mi C R. Sz VanDyke , esi ent DATE: IA-2- PROPERTY DISCRIPTION: A TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE H. DECKER SURVEY, P.R. SPLAIN SURVEY, AND THE C.B. McDONALD SURVEY ABSTRACT NO. 438, 1453, AND 1013, COUNTY OF TARRANT. STATE OF TEXAS, AND BEING MORE PARTICULARLY DESCRIBED: BEGINNING AT A POINT: SAID POINT BEING THE INTERSECTION OF THE NORTHWESTERLY RIGHT—OF—WAY LINE OF THE ST. LOUIS AND SOUTHWESTERN RAILROAD AND THE WEST LINE OF THE P.R. SPLAIN SURVEY NO. 1453. THENCE SOUTH 54 DEGREES 35, MINUTES WEST A DISTANCE OF 73.27' (26.38 VARAS); THENCE NORTH 0 DEGREES 23 MINUTES WEST 514.45' (185.22 VARAS) THENCE DUE NORTH 670.21 ' (241.30 VARAS); THENCE NORTH 89 DEGREES 45 MINUTES WEST 959.21' (345.4 VARAS; THENCE DUE NORTH 598.16' (215.16 VARAS); THENCE SOUTH 89 DEGREES 45 MINUTES EAST 1019.34' (367 VARAS) TO A POINT, SAID POINT LYING 23.61' (8.5 VARAS) FROM THE NORTHEAST CORNER OF THE H. DECKER SURVEY NO. 438; THENCE DUE SOUTH ALONG THE EAST LINE LINE OF H. DECKER SURVEY NO. 438 A DISTANCE OF 1267.93 (456.5 VARAS); THENCE SOUTH 0 DEGREES 23 MINUTES EAST 240.17 FEET; THENCE NORTH 89 DEGREES 37 MINUTES EAST 331 .0' TO THE NORTH RIGHT—OF—WAY OF THE ST. LOUIS AND SOUTHWESTERN RAILWAY; THENCE SOUTH 54 DEGREES 35 MINUTES WEST ALONG SAID NORTH RIGHT—OF—WAY LINE 403.9' TO THE POINT OF BEGINNING, CONTAINING 16.48 ACRES. 7A-3 d z� I ��/• Alam 5 T 29I '92A 192 ,a ,��. - 0� � l j z� ---� � m� S 3 3E I x; le: 3uf� �RON \ ; Lea S�Jt 6USAR z9_ x zai zAz i zE r_. I lac 2s ;r I / 3• 1 _ i min d. OUT IL I 2 Ac ilE �j t - - • �'u SURVE •MIST N2474 - r 3A Q— —�-- es , II I r31Ae • PL RV � �r s I NO 29 _ 'off US 3 i 3 -:f0 07, s - 41 ; �o 4AI �+ Ero I;DSA 20�` J 3 I ORANIOWFebAG q• 2CI ' J I I 29 2C GE E I /.� LD 0•c I 04•c 1� � � E _ SURVEY s IST.N41013OfF .- 1 R � zA zn IA 194J �I,4 F9q q2 ^ �. �' J1 l_ ..��-.--�� 14C �9uc \1 14Q-,^ roiz�e�� 1 sA 392 ' roi►1 ! 11 P 1 2E1 IA?EZL Its llJ'(E(C WIER SODS w I A. I• I m 2E4 - �'• ��' - I ♦• 31 y7l•e I SURV a$ 4a3B�i� 4 tM9 1194 4� - —i zEe ]Ie AC I i� I f � -1 _ 183 1 E7A-^ P.M. §tTlLAeVE co _-ze -2 30 AC iS AC SUQvEY AM,Ng 1433 I oy` I t` y 2 zc I I �vSTP ROAD � S ..I PA K$ ' IjA L ;I MINI` I - 1 �1.0 ,cr TRACT LO-CAT'I'ON MAP let c". -f 9A-4 EL IV V 1��v 1 AC lJ C q rr �N,1 4 o y AE II m ' -----_.._---- TR E-Systems Inc. PL TR TRACT 4 Industrial Planning, I c. TR 6F NCNB/Tex. Na Bank Ibnohole, Jo Beech, Johny L 4.07 AC 2 3 "I-1" e�vo• gIBIOG Apex AvgAtion roup H 0 438EE 1 9606 „I_ Amber Pipeline Company f.145 0 �,. TRACT 3 iR 18t0A to .45 AC Is TR 1810C ie AC do T 8 - Turned 15. TR 1812 in 1015 Ta Youn94 AC of to 1012A— TR 1e14 ra 45 AC- Young.4 AC le4f TR 10 455 9 llall.46 0 Ia F-- f R 1017 Ta iR 105 U .4 A 1B 6a 1.5 0 Z TR tole toto - Long.4 AC N 111 1813 Ta _ to Chasd AC eo° Fina Oil and Chemical Co. TR I8114 45 ar, i TR 1816 1e TR 3A - --_4 e _ a4 12.02 AC iR 1011 45 AC TR 18a la .4 AC 6e Conoco, Inc. TA .45 AC i AC TR f99A Ta TR let - .4 AC 6e, 16.654 AC TA•189H __-- .45 AC TR 188C 1a ___-_--___._ .4 AC N TR 189 .45 AC TIT lase 1e TR 199C ____ 4 AC N 45 AC TR t0781to TR In fa7C .4 AC 6.1 .45 AC iR 1070 to TR 181C In 107A .4 AC •GA1 1.996 0 Fina Oil and Chemical Co. .43 AC tq 107 a- .38 AC 1e TR 4 2.41 AC 1 PPPGQ_��� a Petroleum Company ofof TexasTR 15 AC / C / U v / TR 1 � / A•5' N City of Southlake,Texas S.U.P SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-02 REVIEW NO: ONE DATE OF REVIEW: 2/14/92 PROJECT NAME : S .U.P. - Explorer Pipeline Co. 2201 W. Highway 26, Southlake, Texas 76092 OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Explorer Pipeline Company Bryan Young 6846 S. Canton Avenue Explorer Pipeline Company Tulsa, OK. 74136 6846 S. Canton Avenue Tulsa, OK. 74136 Phone: ( 918) 493-5100 Phone: (918) 493-5100 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/28/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . --------------------------------------=------------------------------- ---------------------------------------------------------------------- 1. The third call from the end does not show a distance on the boundary. 2 . Show typical pavement width for Continental . On the portion of Continental east of existing S. Kimball, label as "R.O.W. dedicated, no road improvements" . 3. On property to the east, Lots 3-11 are zoned "MH" Manufactured Housing, and the L.U.D. = Industrial . Lots 1 and 2 are zoned "I-1" light industrial . 4 . Label the Green Meadows Addition (V. 388-96, P. 45) on Tracts 3 and 4 northeast of this site. Both R.O.W. within this addition are 84 ' in width. 5 . Show and label the "Future 84 ' R.O.W. " line on Continental . This should be approximately 42 ' from the center of the existing R.O.W. (* The applicant may wish to shift fence and berm to reflect this future R.O.W. ) 6 . The following bufferyards should be shown on the site plan. (Clockwise from Continental) North along Continental : 20 ' Bufferyard 'D' East: 10 ' Bufferyard 'A' North along 331 ' dimension: 10 ' Bufferyard 'A' South along S.H. 26 : 20 ' Bufferyard 'D' West along drive: 10 ' Bufferyard 'A' South along 959 ' dimension: 10 ' Bufferyard 'A' West along 598 ' dimension: 20 ' Bufferyard 'E ' * If the applicant would like to request a variance to these bufferyards, please note this on the plan. 7 . Tract 3 of Green Meadows is currently zoned ' I-1 ' . Also our records show a different current owner. (See attached mark-up) . QW qA•b City of Southlake, Texas 8 . Note the percentage of site coverage. (i .e. buildings, tanks, etc. ) . Note area of open space as percentage. ( i .e. grass, natural ground) . 10 . . Show and label a 50 ' building line along the railroad frontage and a 30 ' B.L. along the future 84 ' R.O.W. on Continental, a 25 ' side yard along the west, a 15 ' side yard along the east, and 10 ' rear yard along the 959 ' dimension. 11. Label height and size of the existing lighted sign at the entry. * Fire review personnel are currently out of town. Staff will confirm their comments prior to City Council . * The applicant should be aware that any revisions made prior to City Council must be received at the City by February 24 , 1992 . All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: Explorer Pipeline Company Attn: Marked-up plan. U-1 s .A..RA s1 VICINITY MAP 3 f caNr•rENul Rw. 3 L I Wrr c N 11 � i1 BUILDING LOCATION DETAIL 011. ¢rF• • SO' 4 Nab ANO fOrO V 1T o , n r ci EAST CONTINENTAL BLVD. 9cGE`� A.oA S 9'46' E- 1019.3V =� 1 wRTan e11mow TimIf E - _ .. . fl lelm .r SSs� /lw oL•odGl CO..EI]l SC P.O.NOX zt» 3 ONLAS.maS 71731 i0 TR. 1 B 1 A IOWO:•I-r PLOPY IIIII) l•OM A 0100 ` O A WMIL EfOrT l uS[.Olt A r[1eNI1A 41 O W O.UMNOp Rw lfAIAR) A ren 1 ♦1 �- 5 - r1w.r P i �� C A r•1• c Z .' � Z \ 1 RA 7' m ;m 1. per] 2 � $» N SW45 W- 959.21' ` '33 _O�O A Is's 9 p rlt 1n O�SY�O. Ill soi cm.1.O ).M3 �ti Anu rorw awu 4.y I LYE=10 CC�>a 1r Ne r,R o :R 9-1 I-r 11rATr, TSIT MR .ON �- 9[ex attrrs+.lr.[rcx A.!1•o(w arc�.*nf rtw lamfral O TR•of f Ct10rLIl Co.QAL Z P.O.•Oi It3! W DALUS.T[IWl)l731 COM.NS 1L02 ACfES 1 ZONEO:'t-r WAl NOOSAgL RRN yJ ay0 1 sr[cw aema 1)S[To..Ict.OLI1Rr 1 or[rwrc.Aw NOUSAOI) PO A SGLL 1•.10R I E/AA OIL f C10•G1L W..RAl W r.0.e0i 7Nf 0 SO rao 700 JM .W jr, pOWANS)ll 2.41)CATE / LV 20•E0:•1-r NE]•M Nom"l•RN Sg A 9[c0l QczrTUN MY Toll A�lfplyl./ I OIERArfN(w0 NNRAK) ItOO11Y0WIOf iN / •n cr a r..cR ar I L7.O A10 RNO sR1y00 N n.t w 0[OR[ll slfNtr. 331.0' ...SN..:.SU.L[7.•rID•K C.L r TOP& SI.Kr.•SIIMTT M.•]L r.lL ANp r013.«1a.n v mR a N E9'37' E y 1vAs.A.•e[Ne 11O.E.Nercuara7 oaaem _ 'P K.-ING A7.PONT,SA!TONr Km'K wrlm IDN w.[.Of•1RE51pL U7 - n .FMt-OT-..]lK 0'TIC V.mis NO SOVIN nmo l TPLAW AA THT KSr l m A.N w�i. I;V Te M THE.R 9VlN OAL[r TO.r.l3.10CE SO11e1!.O[011m 3l.wNR[S "°•'-•�.L- NCSr A 03T.K[A)37]'W(7f.L•N1.11.01EME PERM 0 Moml z3 wM]tE5 RIr St..!![:T(Ifs 77•Nai)O•NC[NR NMM 11MI,1W(2.1»vMMt):1.0."NO.. N O[OWES.S w•.RE3 am Ill TIED(M.W Y.1.pq M.0R111 lM.14 RR r I131S''A T:NO"ld1IN M O[O.[[S•S"Ill W 101934 rill(aft V..wS)M A I'1 �. hNi sAn.ONT L70O 73.91 l(•.l-T)rfow Ill Nool CeA10t 0`M N () ��• .�q7 ACR01 SOIN[•T ND.Ue:r10SI OII[SNTM.LO.f 11l[EASr LM L01C ITT . POINT OF MNNDIC >•� �J'XCrE.9.`l No.M•06)AK[OT tif)1a RR(.M.!v b.S}tl(NC[SOU.0 0[OR[[S •]wlN)'ES EAS)2M.17 MT."Il lC[NORM M 0[O.Q.S 37 wM]IIS EAST 3l10 TQT TO 3�Ir 7U)1/IN = _ tiE TIORM.13lt-OT-a7 OF IK Sr twin.I10 WTI-SIEIM 4LM7;ill[11CC m,,N .M Tits 35 ws S WV.LONE SD r s.N1 RgR-OT- Ll•E.•30 Z 10 INE \ + �� 4QJ• S[OIANO.COM•NNC tf.M.p1[S. •]I�r e.�A 1 •� r!� ,{. u6lNc zoN•10:•t-r..rw.N NOUSI.K 01sAv. .fOr:Sm zOrr•O:-I-r Nrwvr poll TI M KCAL SSW)NA USE Tw A KITIOtlw OrwMIO. lECEND Norm (1)ERN[A •IMN TFNtt 6 CENRI[0 R"tt (71 w rrwSN ON+S1Ot al SIR. I-EL r.SSwEM OVISIX S10AO[ON SIR •Nnr•l •l]Lo•l� SITE PLAN }� IAA t101 Qa ON■Do.1.•i 1r of SNNO.1[m MOT { pR ON RS/SIX M OIDO. 1r Ntpl RmfR[}.A.s C.r0 slot 1 x� npPPIE`D 3�fl m NaOo[.a0 m.rr Of mP am SOUTHLAKE METER STATION AND TERMINAL Q "ll N]+w f SITMQ ®OPOT, M!ROE.w.7P CN OWIFE ROCK.l LOOT TARRANT COUNTY.TOM art ON Om sm ITT,a . 1r Nm. CITY OF SOVn*A .TUAS © T1r[lilOcutL01 ®s.1't[RUE.Is-ITI T WX l Pill MOT. IE rN[y1.0 r •T ON s=SIX OI W Ill l .toN(rot 1K[p) o0c MORRt. art'a mu%sm or sx NN cNwEr�`"O' 6846 SOUTH CANTON AVE. Kurt. ®a"Ill m ol a„' Ill WL K'K °0f TULSA. OKLA. 74136 u0o 1R.EI s 7r Mu (918) 493-5100 p(1) TV 1 TIP.12..-P[E�.�sr[a�.c[oN 00. WM TERMINAL PHONE NO.(E17 401-4040 x1o1 w..R: rNo••Pao. Aa wac. ntvra.sM.f m Ol A TOR•I00.LOuroNl. Lae.L uPIf 1e: .E.NI.e.Ln-ctm.1L ORALO•awo1M[rei7n INO l ..NICE A .. OPco l.fu S1O[1t//¢N1 MI..-KIT r4 NI (M31 177-31l1 uw•L\rw.T�wN... Ol..0 1M AOA:S-3SS A4 pwRw•r:•G SR fO[fO City of Southlake,Texas S.U.P SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-02 REVIEW NO: TWO DATE OF REVIEW: 2/28/92 PROJECT NAME: S.U.P. - Explorer Pipeline Co. 2201 W. Highway 26, Southlake, Texas 76092 OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Explorer Pipeline Company Bryan Young 6846 S. Canton Avenue Explorer Pipeline Company Tulsa, OK. 74136 6846 S. Canton Avenue Tulsa, OK. 74136 Phone: (918) 493-5100 Phone: (918) 493-5100 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 2/24/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581,• EXT. 744 . 1. On all property to the west, label the L.U.D. = Industrial. 2. The following bufferyards should be shown on the site plan. (Clockwise from Continental) East: 10 ' Bufferyard 'A' along area south of tract 3 North along 331 ' dimension: 10 ' Bufferyard 'A' West along drive: 10 ' Bufferyard 'A' South along 959 ' dimension: 10 ' Bufferyard 'A' * If the applicant would like to request a variance to these bufferyards, please note this on the plan. 3 . Change the term "Developed Area" to the "percentage of site coverage" . ( i.e. buildings, tanks, etc. ) . 4 . Note area of open space as percentage. (i .e. grass, natural ground) . * Any future building permits will require fire lane upgrades to meet current requirement. * Denotes Informational Comment cc: Explorer Pipeline Company 9a-9 g '•'ICIrdif' ,�-F � mW SS --U!:Uif:•., I-�•:AiiUF1 Chi?:I �: - I y''�.'/'P r.nc o:.a ` n1 sir e • fsl TAL BLVDE45t (OrITtIEN - , ) far _ - -' j - --- - —+---)-- ---- — — '----- --- --'- - -- _'� ?,nib 1R I •or'x � -— (y 17 Ir�3"1 -• a alm Iwf --f---_ �1 gq `,�� t . �•�•:� � G .uIEER P1'F1tvE[YWP.M (_:_+ ��,"/ iB)00 N.fREEW1l ISOO L �. �TR. '1 B 1 A / oA us,rzBns 7ro]) �•••`� - SA-. _.. .- 1awm: I-1 v.ma 2 l 6� jl• �J r- ._.�$ �,_ fir_ \ ' Of 7uj -- S r .._.— — A.1812 \NIUIIE FDICE--/ , j ,�� i N 89'45 W - 959.21' V_c CITYZBptu IW3 —�.•—��10 — cJnf.D,s la.as.nclEs L`) ._._ zo)rED ' EI IIGw NDYSiBW B'Bn ci SP• ECW E2CEPTDI•USE FOR.PETRO,EWI m 1 1 oRER.fDN(lw IIIOUSIRW) 1 M R lela p C , ' FB'U OA B CNEWIM W.ETLL 2 fY� DaLLwf RIEMS 75221 _ W COMA06 12.02 XSES i �' C :J«FD:•:-r IY.✓r.r USE vrOn,2 I' .SPECW CYE FOR.PCINV.E.W _"2J 1� I oPEII.rIw+Rw IvuISM US 1CUSAW) •t L� r I I f I 1 I-OS.R-WCLL JU..V. . ,.. W P O.W.215, _ 1_ Da1AS.TEX"•5221 ,y i o]Q -100 pG-1 ]OU-_-'w0 i Ins ca!M 241)RE5 b IOnE IRW D:•I-r.—M.S wrtN $ .mlE ESCFPIm.USE Fn.PETNcffyRl !�N K—M(Lw BmUSTRWU PIIDPGIR OptlltrDlt I IN / A -11.E:'RUT —CLL+A iF Wm�'WC M'IEU 6l F:-'Ell 11 1.N Dw R:. w / 331.0 P 3RA' R I sl#vEv,aIIT 111E CB Yr 1 SURtti.15f T rm. ]a.'.51,u+p •�B .!. 1n1s,muNTr cF uRRRNr.-m OF-I-..N0 ue.c KtE—MUM 1 DEs.RcxED: ~ .a N 89'37' E KE 2.2C.T A PoNI:SAD FONT BE.I.IENSERDII OF T«E I.OR.Trw,L^TExfr � _ RD>11-0f-.Av LNE M 1.SI L.IS.ID SOUtIrwESIERn M1AWp AMU TI•E wESi LNE OF NE 11.— SUROD NO 1.13 N1NCE SWN S.DECREES 11.W LTES r r wESI A Osr.NCE Dt 71.27 FEEL(26.31 W4):1NENCE r .0 DECREES 23 uN'J'Cs wESt n I'�•';• n �// ; i S,♦.a FEET(1aa 22 vaNAS)NE-E—NORTN.ID.I1 MEI(2.111)v.R.S)' .DICE NORM N DECREES•S YWRfS REST.S1. FEET(l.SA I).NOCE DUE 11,1. p",a v.MS),NWcc SOUIN M N_ 5 YWUIFS EAST 1N)4 1 7 1..)10• N I�S /i L,// � ,(-E r I Poo SAD PCNT LVW I]a,FEV(1.5 :)CCY rN[r.IRNCIST CCP'( 1 TIE 131k MEICE D E s NC THE Wf LNE BR •• PoM OF DECP/NCLO MLKER SI1NSEi'N0.—.Ds1ANCE OF f 11 FEET(.%5 v SI 1 a s 1 0 DECREES 23 MINUTES EAST 2W-17 FEET.NO"W 0 DECREES 1:URAMS EAS 11.0 FEET 10 31C "PIN NE MRTN R uRr-6-MI M NE ST.LOUs.ND SdrtIIRESIERN RAIL',, CE i H 5.DECREES 31 Y2NIES M[SI 40MC SAD NCR.RWM-OF- 1.—1 f 1 O NE \• CS/��// �/• //�pE+ �j�G PoNT w 1ECBNSi.CONIAMIC 4.0 K?ESUI . E.G IOx NO:'I-r.NfNn NUUSTH jy DISTRICT. PRSPOSFD:onw Nc:-1-r W NIFUSTRW BIM y �21 CR6/ ��,�3. �S cE E1ctmM USE FIX.�iIRpEW ���J7\\��,� 1'\ O`.E "o LEGEND N01Q' A)FNT21E AREA w1NN FDCE IS CN.RELLD / / EE lE U. (21 nD I,,N SIT[.OIBNsIEII dl /Tye\j 1 s1N.iDIw1B.wE uN rk (1♦'!t ,3)WrFENfwo THE IS OWES(GREERSPACE2 .9..4 PAYEYEVt :.'-OUTSDE STEMDE M SRE _-- P►F NEs w io1a; SITE PLAN Or:MDI BTnC 1•'}12-—4 SG•NC,UEI.L ROJF. Yti TAlnt LIJ•IN� E.P On vIESr 51K Di BLOO ':"wrYl NMIE utPNRmn TU tlLf.G 1 F1000 LmMNOKc+.^ ID DCLuOE.oD sd FT O I.E. ROc. SOUTHLAKE METER STATION AND TERMINAL Wou.nED 12'.N.-.E cRcrnru yER.rruxs nnc..0.A 2D cw;.RETE BLau.WEru NODF TARRANT COUNTY.TEW N1CML EL YMY i SPEucER On ON NORfN SDC N 11p: 12'NX.. CITY OF ShcMANE.TEXAS C iDM:fiTNOU6NER y S.WPLE BLOC 7.5'a).S'YflK 1L]G..KILL ROOF. FPF nrOR.M GI sOUN SDE OF 1LD0 td NDIT.(ICT USED) �� , n -if rs.wAOE BLOC.10'A Id W['4 ADC..IEfLL HOOF. C] ulwDlc PRc EaD„ n Dn sa N s1 E«1LOC 1D•Ha N 6846 SOUTH CANTON AVE. �+ aEcrBeR N, '(fj D„OwP.0.W s•x 5'WFi4 BwC..WflK R00F. TULSA, OKLA. 74136 zuTw slat ,ulr awDE waa'1ao• O Esr sDE a IROC. e'-s T.0 LINTFD BY LIICUw YWM ft—LmM ..Cm T.W.IS)_'TaE (918) 493-5100 'f FLNRE EUENCENcx HCSINRC[L".IIKr1r S'..c1.NOG. BUA:II YN•n )afIeD ITOOnCp.Tn.TLOO IR O "' 12•."YETa Ni-N..•IIN" E55 SE, Ufl.A ON SWIM TERMINAL PHONE NO.(817)RHl-.OaO CLC�.:mH Saa.a IBOVE FM ADG..t,G.I WHS. LOr COnI.CF. FENNETN MIEv-fENTMI 0ISTIZI SUPEN1rTENDEM TAMO s (X—-EM NREM'6LE M SUPEAv6011 Tl- fD3)SE)-3151 Sf.`iE.•PrOE•ixG 10'.^..RES-.0111N OR.wn Br ELE SIE.— cu-F,"r..,swM.. ry-.E:LSOPFU.RU Laf1->q Ya)s -23-R1 y�_ to �J!A/ y-- City of Southlake,Texas RESOLUTION NO. 92-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR PETROLEUM OPERATIONS ON A TRACT OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS 16 .48 ACRES, OUT OF THE HARRISON DECKER SURVEY, ABSTRACT NO. 438, TRACT 1B1A; C.B. MCDONALD SURVEY ABSTRACT NO. 1013, TRACTS 4B AND 4C; AND P.R. SPLANE i SURVEY, ABSTRACT NO. 1453, TRACT 1B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ; GRANTING A VARIANCE TO THE MASONRY REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the location of Petroleum Operations has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, the applicant has further requested a variance from the masonry requirement set forth in Ordinance No. 311, as amended by Ordinance No. 415; and, WHEREAS, in accordance with the requirements of Section 45 . 1 (26 ) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such specific use permit and variance is in the best interest of the public health, safety, morals, and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for the location of Petroleum Operations on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: City of Southlake,Texas Resolution No. 92-08 page two f SECTION 2 A variance is hereby granted to the Masonry Ordinance No. 311, as amended, subject to the provisions contained in the aforesaid ordinances and subject to the specific requirements and special conditions set forth in Section 1 above. The specific grounds or reasons upon which this variance is granted are: I SECTION 3 This resolution shall become effective on the date of approval of the City Council. I PASSED AND APPROVED this the day of 1992 • CITY OF SOUTHLAKE, TEXAS i i By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City 'of Southlake, Texas ��l City of Southlake,Texas r i M E M O R A N D U M ; February 28, 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary i SUBJECT: Resolution No. 92-09, Appointment to Park and I Recreation Board. ---------------------- -------------------------------------- Resolution No. 92-09 allows for the appointment of a member to the Park and Recreation Board. Attached you will find j the applications which have been submitted for that position. If you need additional information, please contact me. i � L sl I i I I i 9�-t City of Southlake, Texas RESOLUTION NO.92-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE SOUTHLAKE PARK AND RECREATION BOARD. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three ( 3) year staggered terms; and, WHEREAS, currently there is one ( 1) term that has expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the above premises are found to be true and ! correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2 . That the City Council hereby appoints to the Board to serve for a three (3) year term, to expire in January, 1995 . Section 3 . That the appointment is to be effective on the day of approval of this Resolution. PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: i i Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE APPLICATION FOR APPOINTIME F.ERSOYAL INFORMATION NAME: V 1 t t -� . .�o�w�so►� DATE 1 I IS618-9 --- ADDRESS: TELEPHONE NUMBER: U/A (home) (work) APPOINTMENT DESIRES (List Board/Commission for which you are being or would like to be considered for) : �Q�S � �EC2FJ�.T►o� QUALIFICATIONS (List educational background or experience that would assist you in carrying out the duties of this appointment) : �►�Jo�J�F-{dui lU �I�.C�S1... '�R.. Tt�� PRS� �'`fF-�-S — V►c� PP.�s���Uz' 1989=fy� iadVO PPLe EV«o u 4PPL103 Fv2 Tt.ki Od 2� ciZ �J Tl(t�� REASONS FOR SERVING (.State briefly the contributions you can make to this appointment and your reasons for wanting to serve on this Board/ Commission) : E W t31uE tF-E�EST 1 `Tt�E. t=t�Tt�2E G�oI.V cM EI�T or- Sol -k�c r"LAS- T-1c1�4 t,, 1t,1TlES Do you understand how this Board/Commission operates and your duties as an appointee? ' - `<ES- Do you understand that attendance and active support is required for each appointee? `CE S I GNED Le PLEASE RETURN THIS COMPLETED FORM TO THE CITY SECRETARY •�f/�r 3 4, MAR 7 1991 CITY OF SOUTHLAFE OFFICE OF CITY SECRETARY. APPLICATION FOR APPOINTMENT TO: (name of board , commission, or committee) : aC � Ai.;� O-Eccc ,., �QJ f P (use a separate application for each appointment desired) Name: fa' �`J t- e Address: C;5 CT i N O u r Home Phone: `ill l73 Oy Years in City: Z Employer: A,u --, Phone:— Current and/or previous board, commission, or committee experience in the City of Southlake: e-- Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose , goals , and duties of same: r S <' r t� Qualifications and experience that would assist you in serving in this position: �f�� Pf S .. C C Q C Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will wishntoessary to continue toebeply and cons considate the ered ppointmennttnation herein if you �. Date: � �y Signature: , �n n r CITY OF SOUTHLAKE n •p I,,g� I r-rr- APPLICATION FOR APPOINTMENT TO: (name of board, comm3�si ;--oi committee) : 1 (use a separate application for each appointment desired) Name: o C3 -0 A Address: Q Of; T "* Vtaa.✓ CA- Home Phone: 4 00 - �o q Years in City: Employer:�Cu.�.cu.� At' �t-.C-'S US A Phone: 574 - S tS 1 Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals , and duties of ka- same: O a\Ae &jr L-(-6 4 - Sa - Qualifications and experience that would assist you in serving in me this position: 1 )2—c-�f `WS �0 \re%,to � c - ✓ k p U e,.Xw S ire agree that your regular attendance and active Do you understand and support are required as an appoi t e and that noncompliance could resu lt in removal from the board? 'Fe s Additional information or comments: N&14 _ r S. 4Aeoe (be.,, ease return this completed form to the City Secretary' s office. P1 year. After that Each application will be kept on file for one (1) y „ time it will be necessary to reapply and update the information herein if wish to continue to be considered for appointment. Date: 2 t' f) Signature: - CITY OF S OUTHLAKE / W4 APPLICATION FOR 'APPOINT'MENT prRSONAL INFOP:L4LTION NAME: -T-)b"N C c r- DATE Zo A'P?i L. B7 ADDRESS : 14io C%r'cle, TELEPHONE NUMBER: 488-/6 9 8 (home) (work) APPOINTMENT DESIRES (List Board/Commission for which you are being or would like to be considered for) : k CO :oN QUALIFICATIONS (List educational background or experience that would assist you in carrying out the duties of this appointment) : SCl'cj«l If^ E✓CA.3 �iLt4 cNrt�M, 0.� CO.tSTra�t.T.cst OY� C/"C�:c ld-J .t� SDOTT ��G �t�1•�S �eit4��0a� i'ke LL.5. d.�.� a✓ sr.�s REASONS FOR SERVING (.State briefly the contributions you can make to this appointment and your reasons for wanting to serve on this Board/ Commission) : G+- eLSS 5�4KC�, tta` 'Ci�t G.L`INi�lttrt!r*•1 RK 40 �Kt 5 LS dry �1ltE.. „�4.C1� I S by u t�+Ol ir10� GC GLt/' 'L ACV . . . . . . . Do you understand how this Board/Commission operates and your duties as an appointee? . . Do you understand that attendance and active support is required for each appointee? S I GNED PLEASE RETURN THIS COMPLETED FORA TO THE CITY SECRETARY IMF!7 ; N 6 J L OFFICE O. CITY SZ City of Southlake Sandra LeGrand, City Secretary City Hall 667 N. Carroll Avenue Southlake , TX 76092 January 3 , 199? Dear Sandra, I have enclosed my application for consideration to the Southlake Parks and Recreation Board. In looking over the application, I would like to make a few points . First, we are currently living in Trophy Club, and have been for the last sip: months . We are having a house built in the Chimney Hill section of Southlake , and it is expected to be complete January 15th. our new address is shown on the application, but the phone number is for my office at IBM, as we obviously don' t have a home phone yet. As far as the experiences listed on the application, I do have a Park Administration degree from Texas Tech University in 178 , and 7-8 years experience in landscape architecture. As a matter of fact, my minor was Landscape Architecture. However, I have been working with IBM the last. 1? years , and have not had any professional landscaping ►:,d of time . TBM has a way of keeping you experience during that. per i busy. I would love to serve on the Board. Number one , I would like to get involved with the community. Number two, I have both a parks business background that I believe would be beneficial to the community. Feel free to call me at the office if you have any questions , or would like me to stop by. Sincerely, Mark D. Christensen JAN 131992 CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : usesa separate application for each appointment desired) Name: A Cof `s-iex se n Address: iS C 4 ' z Home Phone- 9& /- R70/ Years in City: .0 oK rL c Employer: ,�./ Phone: 9 /- 7� 1__ Current and/or previous board, commission, or committee experience in the City of Southlake: X/e',E Reasons for de=firing to serve on this board, corunission, or committee, and your opinion as to the purpose , goals, and duties of same: le—c 'We'f �4 [�tQ �r 4Pf /�[/�� / /it LIE GQJtttit2 •rr ' 1 /t •e - / C , Qualifications and experience that would assist you in serving in this position: K's 4.,e,4'r `' r 7tz, s /QG e Q 'e / Ir TPI�.. �-AA@3J ia/e'L0 Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? }ors Additional information or comments: See Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Date: Signature: I�3I 9z NCNB B!�'�?NES� CFED_T TE �1 -E,�� -�,�i1 tan '$ 1 JAN 2 81992 CITY OF SOUTULAKE OFFICE OF CITY SECRETARY. APPLICATION FOR APPOINTMENT TO: (na:ae of board, COmmission, or committee) c IvAsw- A#JA AMZC�Aln APAI _ use a separate app iaat on f Oreac appoin me nC es I re ) Name: 1 AC3dresst 134i�-^�oE(A+�+O �t �1 •_ Y Home phone: ^, Years in City:_ /►gK•Ir Irt.�[�'S Phone: Employer:' or committee experience Current and/or previous board, commission. in the City of southlake: WeN4L- Reasons for desiring to serve on this board , corMission, or committeep and your opinion as to the purpose , goals, and duties Of: Same /Ht e�T @oa ,►�,crfov w�TK RrMc. 4CTA't7E �tUs�ore i1oev�ad Y (,,µ.x,+.vr 4ffti v V R•A),k tNT- F-6& 74d ti ~0 "C A7io r✓+Rs.. i+tc �r ft ff ft Qualifications and experience that Mould as$ist you in �sSe n crvo All vl.-mart .Il�AVM lrct��t K/ /k this position: F Dq you understand and agree that your regular attendance and active support are required as an appointee an.8 that noncompliancecould : result in removal from the board? t Additional information or comments:^ .�° wf// Ao✓toi. l� Ia t-6ILK- .fs[re v•/aw Please return this Completed form to for one the X(1)ecretary Office year. After that Each application will be kept on fileI and update the information-. . time it will be necessary to reapp y ointment. herein if you wish to continue to be considered for appointment. r` Signature: �� City of Southlake,Texas M E M O R A N D U M February 28, 1992 i TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 92-10, Appointments to SEDC --------- Resolution No. 92-10, allows for three (3) appointments to the Southlake Economic Development Council and one ( 1) City Council representative. I have attached the applications which I have received to date, for your review. Currently, Phillip Bressinck, David Bergman, and Ruth Smith are serving on the commission. Rick Wilhelm is serving as the Council representative. Phillip Bressinck and David Bergman have indicated in writing they wish to be considered for reappointment to the commission. If further information is needed, please contact me. /sl AW 1I i i I � l City of Southlake,Texas RESOLUTION NO. 92-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THREE ( 3) PERSONS TO REPRESENT THE CITIZENS AND ONE ( 1) CITY COUNCIL MEMBER TO THE SOUTHLAKE ECONOMIC DEVELOPMENT COUNCIL. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, entered into an agreement with the Southlake Economic Development Council, which is a nonprofit corporation, established under the laws of the State of Texas for the purpose of promoting business in the City of Southlake, Texas, and, WHEREAS, part of the membership for the Southlake Economic Development Council is to be appointed by the City Council ; and, WHEREAS, the City Council is to select one ( 1) representative from City Council and three (3) members from the community, to serve on the commission; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . The three ( 3) members who currently serve on the Economic Development Council include: Phillip Bressinck, David Bergman, and, Ruth Smith. They were appointed on the SEDC for the 1991 term. Section 2 . The City Council selected Rick Wilhelm to serve on the SEDC, as a representative from the City Council . Section 3 . The City Council of the City of Southlake, hereby selects the following persons to represent the citizens of Southlake replacing the members noted in Section 1 of this Resolution. 1 . 2 . 3 . And, is hereby appointed to SEDC as the City Council representative, for the 1992 term. Section 4 . That this resolution shall become effective upon approval by the City Council . C � � City of Southlake,Texas Resolution No. 91-10 Appointment to SEDC page two PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas c -3 DAilL 16 7992 ,J ' list n ' CITYCE OF �QRZT January 14 , 1992 Mrs . Sandy LeGrand City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Southlake Economic Development Council Dear Sandy, I feel that the next several years will be active with commercial development in Southlake . I would like to stay involved as a member of the Southlake Economic Development Council for 1992 . Sincerely, i Phillip Bressinck PB/dt an affluate of The R.E- Group Advisors, Inc 2400 Ellis•Fort Worth,Texas 76106•a((817)625-9974 • Fax(817)625-9978 / C—d/ ' �nU ; FE A 1991 CITY OF SOUTHLAKE C}!r-F TMr,T, T, IC, O r Cry PLC RElA:1 APPLICATION FOR APPOINTMENT TO: (name of board , commission, or committee) : /lication for a ch appointment desired) (use separate app a Name:_ Address: S Home Phone: � Years in City: Employer: -?&2,— )- Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board , commission, or committee, and your opinion as to the purpose , goals , and duties of same:_ .�� � — GLt,Z, 97 17 Qualifications and experience that would assist you in serving in this position: O Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? 9-1 � Additional information or comments : 0 "Ell Please return this completed form to the City Secretary' s office. ffer ce. Each application will be kept on file for one (1) ya hat time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Date: 9� Signature: �.- 9c -.� FEB 5 1991 = CITY OF SOUTHLAKE OFFICE O:' CITY SEC:E7�` APPLICATION FOR APPOINTMENT TO: (name ofboard , commission, committee) : _cono.-;-rs�c (use a separate application for each appointment desired) Name : Address: Home Phone : Years in City: / Employer: Jr- _Phone: Current and/or previous board, commission , or committee experience in the City of Southlake : Ar. jr-c Reasons for desiring to serve on this board , commission, or committee , and your // opinion as to the purpose , goals , and duties of same : SZ �G�e v� 7�h� P x ��r r.n.Q 4- 6r Q e e r rs-r 02 X&$d e or e-2 .O z r:r r r�r Qualifications and experience that would assist you in serving in this position: �Q/G..r %.ter (�?/CG e�✓.r �r �-�— �// -r� ��-���ir�� +V� �J 4 d r'e7&Z2 g= _ / 0 � •�� o you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or c//omments: �- ,C4., �•�• /� %-� 7 r'o rr) .. i f�P.r i -�-�P /e.,r� �f sir�r✓ d•c✓ fi GY✓ t r0 ir>•P a2 � ' Please return this completed form to the City Secretary' s office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature : Date : a y 91 9c - 6 r , N 3 i lJJ1 OFFICE QF CITY OF SOUn-EA.KE, =AS C= SECRETAR APPLICATION FOR APP0INTI-E2\'T PERSONAL INFORMATION _ L NAME: DATE: ` 3! ADDRESS: L L YEARSIN CITY: 7 TEr FIONE r-U•IBERS-. - 7 7 7/ -- (hare) (work) pT•F.�SE RETURN THIS COMPLETED FORM TO THE CITY SECRETyM- PLEASE FILL IT OUT (.'CY��LE,TEI.Y• EACH APPLICATION FILL BE KEPT Oki FILE FOR ONE (1) YEAR. IT WILL BE: IMCESSARY TO REF'ILE AFTER THAT TIME. IF YOU ARE STILL INTERESTED AND AVAILABLE TO SERVE ON THE COIZIITTEE. PLEASE LIST THE BOARD OR CaMISSION FOR WHICH YOU WOULD LIKE TO BE CONSIDERED, USING A SEpAPATE FORP1 FOR EACH BOARD OR C, naSSION. 1-1 ,, 117L n J APPOINZIMaSIT DESIRED: QUALIFICATIONS: (List educational background or experience that would assist you in carr<,-ing out the duties of this appointment ) F L MASONS FOR SERVING (State briefiv the contributions you can make to this appointment and your reasons for wanting to serve on this Board/Ccmnission ) c 1 ARE YOLt CURRENTLY SERVING ON ANY OTHER BOARD/CCNlII LISSION IN THE CITY OF SOUTHLAKE? DO YOU UNDERSTAND HOW THIS BOARD/COMMISSION OPERATES AND YOUR DUTIES AS All APPOINTEE? '.DO YOU UNDEPSTAND THAT AT<rENDANCE AMID ACTIVE SUPPORT IS REQUIRED FOR EACH APPOINTEE? Signature of Amlicant 'i.7. D JAN 171992 CITY OF SOUTHLAKE OFFICE OF ti CITY SECRETARY'.- APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : Eao t 46 M i C �v E L�PM E 1`t T �O�lti'1 sS r o tom! (use a separate application for each appointment desired) Name: J Q�414 L6 Address: :5((7 :5L-At 4 Cn Home Phone: 421 - O S$qa Years in City: Employer: I ORQE0C. l&Sd,Xf AL44S' Phone:1'211-) 7Sq-OEq C � Current and/or previous board, commission, or committee experience in the City of Southlake: Qn ,l Reasons for desiring to serve on this board, corunission, or committee , and your opinion as to the purpose , goals , and duties of same:—rl jk5 C�om(A t SS to t4 VS G ¢ 'GfiD c,J EM 'C;AE BqoNl�ots ,at t;> ItAA946=EMEAIT Of —n4E 9lcy41e DEUSLAPMaTE OF 3DdWcAIC£ c){.tccf! 15 CE VITAL l APbRta4t-ia `b ME Kest 0e4r'S ArsD P65 PEqn`S �1114 'fiC _ T CUAW 'rn MA<E A, RED► A �[T[�E Gett'c 8v7��f t't-� -�(aT Ft^.5 scc'. Qualifications and experience that would assist you in serving in this position: T A(VI A GCAPUA� O-Ae kt — E;W=2-46F-9- ¢ COKMgW' cE F••�V-K „� ;A,/r�.� d�.tn �Sn[ 4�CtZV E FNGt NEED t1�IC3 L CSc�.'T tSr w Rtl 6K 26`EEaRS P•M A �GGcs y -�r Ems. rtS 1�5 A'�t) M6MBF-oc OF 1.1,SPE TSP� p,nt1> �Z'C.t-�E Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? `CF-5 Additional information or comments: TK '�-41t`YF1� � �Mtt� . -z7 ceAS ,4t4 Agr%vC 146-Nty-ISK ©E StNSLAR -,or+�MsSStoas t. Please 'return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature ,�, Date: 9c- 8 FE LEE 1 1991 }� CITY OF SOtPI'fU.AIC- , TC'AS OFFICE OF CITY SECS`TA'1Y). APPLICATION FOR APPOINIIF i' 1'T PEPSONAL IN-ORNIATION NAME: -4 i DATE: ADDRESS: 'LG�/ C'�nKNlt'!t ST CGIt/J% YEARS IN CITY: 5 TELEPiiOi.E IVt3I �':?S: l�rl� �16 r 2'( S�4�"'�_ -- hoc* ) (work) PLEASE RETURN THIS C0fTLI:TF.D i-ORT,,l TO THE C�, f SECRETARY. PLEASE FILL IT OUT COMPLl'TELY. EACH APPL•ICATIOl' 1JILL BE I�P'T ON FILE FOR ONE (Z) YEAR. IT WILL BE NECESSARY TO REFILE AFAR THAT TIME, IF YOU ARE STILL IVTERESTID AND AAA LI ABLE TO SERVE ON THE Ca 2,7=_ PLE LIST THE BOARD OR CC1 j4ISSIOPI FOR WHICH YOU MbMD LIKE TO BE CONSIDERED, USING A SEPARATE FOR"I FOR EACH BOARD OR CONL"1I SS ION. APPOIMMENT DESIRED• &Z /�iflC' � -�i QUALIFICATIONS: (List educational background or T ence that would assist you in carrying out the duties of t.Y:is appointment ) , L7�; ' /�v'�' .ljc�/�,Sil.�1 Di r.Z ice :y �L cj,�u-fi; r r.J 2Z .'1/1/' L�1/fiL714C /•7 �lf/�G%C S�c'.3iCjN tSP � Gdl�cril.:` ' ?"OJ:' .1/F�JT7 T7�S; ��2/ RFASONS FOR SERVING (State briefly the contributions you can make to this appointment and your reasons for wanting to serve on this Board/Ccartni.ssion ) !' /%4n ,1 fE y7d l F-� //✓�i )C�%%� /��iG/�f A�c���(i2l/T�t��f/J— � UTz ARE YOU C[IRP,Ey'LZ,Y SERVING ON ANY OTHER BOARD/CU44ISSION IN THE CITY OF SOUTHLAKE? 5'i`�L��tl T DO You UrIDERSTAND HCxa THIS BOARD/commSSIOrI OPERATES AND YOUR DUTIES AS AN APPOINTEE? } DO YOU UNDERSTAND THAT ATTENDANCE AND ACTIVE SUPPORT IS FQUIRED FOR EACH APPOINTEE? ?� Signat of Applicant ye, -9 D • � .!��`�?81992 U CITY OF SOUTHLAKE OFFICE OF My S2-(:j=.APM � APPLICATION FOR APPOINTMENT TO: (name of board , commission, o , committee) : .Socr IccKc l✓CO�1on•1rL Develcp;, ei t (use a separate application for each appointment desired) Name: D( fret( G /1et,\JAt11-,1 Address: IS041 CAir-noe2,jTorlcS Home Phone: 5?/ - S 1 O U Years in City: Employer: R►c�,/u��('��/% ��GCCD• � Phone: ,) z3s '(c Current and/or previous board, commission, or committee experience in the City of Southlake: Ci fi Zer15 AwareneSS Cornet I t ee- CCrroll '--S D. Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose , goals , and duties of same: As G me m ber of 4e COmmiNU i/er�l /r►frres�e��1� fit� -�v}v►-+r e�rc� lint/eUr4oisivn ai Oe city as an economis r darn p41-7ie 0!r arlyinferls i�i !re%,,►,� tc 0/ah il d f,��ole r:ttPf-4relms rAzjtwoulej Ae ccomT>/sh �-A4 o6;eclIve-S Of e n m► 5' Qualifications and experience that would assist you in serving in this position:-Z hayz tworKed u;l+h a y406 01 00MInunlu o ifzaA04 Wks GvILl��t'uavra%S oin ,j4m t rer«t-!v -T Piave Lee al y-'o/Ued G✓16 a�'pn el D%On�tC f/R 4 economic • rgde L reamt/� Se as nm4narrr d ireef�r Fora rna for C'nn�errnc on �Ulb,pan Ct✓m gon Marx. 1492 c�1h►el., wli-� S red h j IJ-TA I?sntofCr�mm�rrc and t�ie_C'tbLO��iI Do youunderstand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board?_YG3 Additional information or comments: Gt r 2r J9d /1 i �n i re LiaPAC �rkcc/�•t �tc.r i ci/2/in -Ar- Zoyear5- Z urov/c/Ae !JAW/VA South/tke l k ahy wr-y Please .return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Date: Signature: A�� -/ -� Pill -7� OFFICE OF �,r•Rv crr+t2RTARY Prudential Securities David B.Bergman Aos*Qcigtw ViCe Pr"-"nt•tnvfMn'Mm1% CN 817 877-0822 � QIJ t r i l99 � OFFICE OF CITY SECRETARY, L i 2/2.d HiNOM 180-A 3HOdS-Md 60:95 261 9T Ndl (Fe -/Z- NCNB BUSINESS CREDIT TEL :214-508-3501 Jan 28 92 9 0V91W i� t •02 .T AMW —7z P'—y :G rl u rr i a -� a :�•. __ _\ :� L� � ri l r OF CITY OF SOUTHLAKE � iF APPLICATION FOR AP?OINTMENT TO: (name of board, commission, Or committee) = DLv t,l o t arc t.JT �d s.,v ct use a snperate app Ica on for eac apppin elt esire � Name: D-01.11I 1.0 3&&ti i Years in City: Nome Phone: - 3519 Phone: Employer: :0�3 �AwNc. /F � �... " commission, or committee experience Current and/or previous board, in the CitY of southlake: �� coruniasion, or Reasons for desiring to serve on this board, pals, and duties of: opinion as to the purpose , Q caramittee, and your op e. A- M�rv�NRv^ I" o< same: The- ry�.L.e s C-0V a.c � ~vjoe vt�.vtss g&f ,u't t;..ITW t o t ors oA.otfn-r er. xatcs/S Lr� �t 'rN� Ti41c � Mv4 SS�Y�' •.4 cor rBa♦sa/� tt rS c you inserving in. Qualifications and experience that would as. ist P� ` Gc,Ikk.tl�'!? !s � this positions � � T�L•�, f Alergloar i /�M��16`xit' G «A� l rv4ta �..►T.. ttr-d 1�., v,c,ri1�7� �=v s�O/� •. �/�INIIL1v I/t /41Vt tIr. VON An %00 �.✓ MR Alt�.vt Do you understand and agree that Your regular attendance and active support are requited as an appointee and that noncornp3.iance could : su ' pp Y�r result in removal from the board? ���� M ��`� Additional. information or comments -- �wiat� k F�tXidtt wot.�c f��i4•-/a. Fob Secretary' srM to the- Office. Please return this CQbel kept fo fife for net (1) y�r. After that gash application will yy 'to 3and update the informati0ft -time it will be nece6saeontinue to befor appo.int>i+ent. herein it you wish to 1�1A / !� Data :___ �' Y Si.gnatore:� IG�l cic - 3 Scut h I aka Charnber Commer 8 17329i497 P. 02 CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: Name of board or commission: SOU M9-AKE ECCNWIC DEVE LOPKD47 CQUN= (SIDC) (use a separate form for each appointment desired) Name: Betty Springer Address: 1024 Mission Drive 481-7082 Eight (6) Home Phone: Years in City: Employer: (,Ril 3/13/92) Southla}Ce Chamber of Ccurierce phone: 481-8200 (After 3/13/92: "retired") +► Current and/or previous board/commission experience in the City of Bouthlake: vprs Advisory C= ttee 86, City ti 0=ter C=jission 186,187, D -t v council 187-191 rep to several other coaTnittees such as COST, Metroport, SIDC (while on Council) , etc. * Reasons for desiring to serve on this board/commission and your opinion as to the purpose, goals, and duties of same: c ttL:.e is to encourage econcanic develoFment within the rnrr nit 'hy , r ,ng new businesses and helping retain and encourage the f here. I strongly su rt this concept due to +-p irm ortance of carding our tax base as well as providing services RZ'36Es Tyr o,-r rya resit nts. I wr�ul_d like to helm see the econcmic profile_ th--'u to , s neweaional econc�ic dgvelormerlt video & related program becon productive program. * Qualifications and experience that would assist you in serving in this position: The ext>--rience gained on the various boards/carmissions/ d City Council as ml as the Chamber of Camerce and the act�.vities of the FCC thru the Cha^^ber have provided me with a good background. hVen th gh l ain leaving the Chamber. I rope to be able to help promote econo'•a.c aevc.i OEmmt thru .i.s volunteer avenue. I know the histo , the ccrmmit , the people, etc. ecessa-^v to help be a producing merb r of the Econcmic Deve ottnerit Cot;nc 11 . * Do you understand and agree that your regular attendance and active support are required as an appointee and that non yeS compliance could result in removal from the board? * Addition information or comments: would a oreciate the o�orturit to helm serve the tit �n t s r,�ru:ex. Please return this completed form to the City secretary. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. . 20 1.9`92 signature: �� t-, Date: �� g , City of Southlake,Texas M E M O R A N D U M February 28, 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 92-11, Appointment to P&Z To Fill The Unexpired Term. I ------------------------------------------------------------- Resolution No. 92-11 allows for appointment to the Planning and Zoning Commission to fill the unexpired term of Stephen er to file for a place on the City Apple, who resigned in ord Council . The position is to expire in May, 1993. Attached you will find the applications which have been submitted for a place on the Planning and Zoning lease Commission. If you need additional information, p contact me. f �"'L4 .• Is { I i i City of Southlake,Texas RESOLUTION N0. 92-11 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO 1 THE PLANNING AND ZONING COMMISSION TO FILL AN UNEXPIRED TERM. PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4 , 1987 ; and, WHEREAS, in the Home Rule Charter, Chapter XI , concerns Planning and Zoning; and Section 11 . 03, allows for appointments for two (2 ) year terms on the commission; and, WHEREAS, currently, Stephen Apple has resigned, leaving a term which will expire in May, 1993; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . All the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this Resolution as if copied in their entirety. Section 2 . The term of Stephen Apple will expire in May, 1993, and the City Council hereby appoints : 1 . to fill the unexpired term of Stephen Apple, with an expiration date of May, 1993 . Section 3 . This resolution shall become effective after its passage and adoption by the City Council . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary e`iCNB gllSINES� CRED?T. . TEL_21-4-5i)0-3501 Jan 28 92 �'� :,., 04 CITY CF SOL'THk)kKE 4-- AppLTCAVEON FOR APPOINTMENT TO: (name of board, commission, or committee) c t w h•v4 ta A �w dN't ws 6dl t�'�PIA-A,Wc:n merit es re —'—Tuse a stpa ate aPP cat on or eaci apP Name- Ad a r e s s: /.i G F t�(v l�•wa .(1_ _. _—___-- ,� _ Years in City: , Home Phone: Ffr - 3 C 73_..-- Employer s N�Tt ovt R om-- d� T�s -phone: oard, Commissions or cOm"ittEe experience Current and/or previous b xn the City Of Southlake: "A'L Roa sons for desiring to serve on this board, COr"�`i6 duties of: . opinion as to the purPase , goals, and gOmmittee, and your op /rLr �tTy ��►�'�" «4- s ame: �A P ""�` a• •♦ I�MI�v !�c�o...fi4 . G Div /1 �O /NAs Al & X '0"t! serving'u you in . ving in QUlllf.fl�CdtioT►S and experience that would assist y this position:��-- �,alA��'1 �s�vo..u� (t!' Y� •-�'�� / �` C,wr 'K L� Do you understand and agree that your regular attendance and acould - tive Y o�ntee and that non p an a support are required as an aPP result in removaI from the board?_ yaf Additional information or comments: ���Lar r,Vir��vs kt�� yieiw►� t�Ki¢�! s -� please return this completed form t� for onehe tY(1)eyear&.rYAfterfthat Each dpplication will be kyyept on fil lY and u date the information time it will ,bishntoecontinue to to beConsidered for appointment. herein i Y ta: � Z ��'..'1 05. 06. 91 01 35 Phi mCSC EAST �. � 1N ` nFl1 MT s CITY OF SO:.iT'r'�.AiCE 's �� ♦c C7f'13�'Ql`' '� QIY-SB `J AMICATION FOR APPOINT:,iEVT TO: (name of board , Commission, or committee) : Planning & Zoning (use a separate app ication or sac appointment esirE ' Name: Address : 1860 Hunttar'-, Home Phone:(817) 481 1270 Years in City:_ i -- Employer: Texas Instrum n c Phone _ Current and/or previous board, commission, or committee experience in the city of Southlake : Leadership Southlake 1990-1991 Reasons for desiring to serve on this board , commission, or d duties oF committee , and your opinion as to the purpose , goals , same : Southlake is a rapidly growing city, and the M has tremendous potential 1nflupnce nn an h nAttprnss camm errial_qIt*C'PSC nn['1 0__ c�t .a� %I rtf 1 ifo,— e resnonsihility of the WAS ronsider tha ra , Th the city and make dec' serving in Qualifications and experience that would assist you in Ar this position. �'�, experie ce with thF ` padprshia Se�thlake era�ni»finn. ., npgdr, My ritagres in provided a broad view of the City andto In d four Years facto plan and coordinate—l'ong range b e i ctiVG S vedn 8��t a B § 1 W"fit3 agree that your regular attendance and acould support are required as an app ointee and that noncomplian result in removal from the board? yes Additional information' or commentss,j ar.li Wn Sat-+Make and experionr low density residential neighborhoods, the PU is the most effective lace for me to .heli attain status as a Tree City U.S.A. , as recommended ecretary' s f Leadership . . >; same return this completed form to the CityAfter that ear- Each application will be kept on fill fOr and one the information time it Will be necessary to reapp y herein if you wish to continue to be considered for appointment. Date- Signature . 0 CT 2 51991 CITY OF SOUTHL AXE OFFICE OF CITY SEC:iEi?LRY`,";_ APPLICATION FOR APPOINTMENT TO: (name o: board , commission, or co=ittee) : �C, n .� (use a parate appli tion for each appointment desired) Name: V Iq p Address:— ,; Home Phone: IN- c? Years in City: l f Employer: 7c,^,r,S 13, i9r » old C, e1n r • XHc . _Phone: (f/ 7- S2�:2l) :Sa? Current and/or previous board, commission, or committee experience in the City of Southlake : �r4 y o U S Z -e n,S C1 1.L1 a r h Reasons for desiring to serve on this board , commission, or committee , and your opinion as to the purposLe , .goals , and duties 1of same : T would hke, +o L#Jp +o lhsure, Jfu iure Y' tLoff ,� s C! L e, GL 1 -Loll , h , Ci r r) -W 4-h Qualifications and experience that would assist you in serving in this position: �� � � nr- HAS r �� �- a-� �Sa� fhlQ k` • d✓� 0 G ` D cS r G Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance co d result in removal from the board? , Ye.,,5 Additional information or comments: (4 G1�1'Yl 171"ei1 v►S,'✓� t0/�l ran , r, C' ar GC S�r �L,� Qdh2ar[i 7 c a oLdd 14,e, 2 /y Plu a I �i ror ��;,r f0(� i + On a / ease return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if y;\_ a_,_y1 . sh to continue to be considered for appointment. Date: / Signature . S C?d- 5- CITY OF SOUTHLARE t _ APPLICATION 0R APPOItiT;•!E'NT T0: (name of board , commission, or cor,-,mittee) (use a separate application for each appointment desired) Name: _ _"�_ - :r. Address: Home Phone: Years in City: Employer: Phone:-- Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, corlMission, or committee , and your opinion as to the purpose , goals , and duties of same: Board of Directors- Big Brothers of Americ Land Conservation- Trout Unlimited- Ducks Unlimited * To improve the quality of life for Southlake an d ts residents Qualifications and experience that would assist you in serving in this position: B.S. University of Wyoming- Psychology LCDR- USNR Instructor Pilot Amercian Airlines Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for oneyear. After that u date the information time it will be necessary to reapply P herein if you wish to continue to be considered for appointment. Date: Signature: % _ � S�/ M AY 2 81991 '--' CITY OF SOUTHLAXE OFFICE OF CiY. SLCt1FT g9lY; APPLICATION FOR APPOINTI:EVT TO: (Name of board , commisslon, committee) : Planning and Zoning Commission desired) (use a separate application for each appointment Name: William A. Towler Address: 1470 N. Kimball Ave. Southlake 76092 Home Phone: ( 817 ) 488-2383 Years in City: 2+ Employer: Towler Corporation Phone: ( 817) 685-6177 Current and/or previous board, commission, or committee experience in the City of Southlake : NONE Reasons for desiring to serve on this board, corunission, or committee , and your opinion as to the purpose , goals , and duties of It is time to begin giving back to the community. I same: believe very positive CO, }'"'1"'t- nn to the ('nmmiGGinn Th rrna1 to assist the City Council in making co rrPrt arOwth .iari si nnc fnr �n>>+_hld= Qualifications and experience that would assist you in serving in ecutive Vice President of this position: - Six years experience as Ex Rattikin Title Company, ( 1971 77) Ten years experience in Commercial _ Banking in North Carolina ( 1960-70) For last eleve owned and managed four companies in Oklahoma and Texas Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: this com leted form to the City Secretary' s office. Please ,return P year. After that Each application will be kept on file for one u date the information 1 time it will be necessary to reapply P sidered for appointment. herein if you wish to continue to be con Op�� Date: 5- 00 r71 Signature: CITY OF SOUTHLA-KE APPLICATION FOR APPOINTMENT TO: (name of board, commission --or committee) : PLANNING AND ZONING COMMISSION -_- (use a separate application for each appointment desired) Name: Gerald (Jerry) Dean Dalton Address: 1100 North Shady Oaks Drive Home Phone: (817) 488-5184 Years in City: 4 years Employer: CIGNA Insurance Co. Phone: f 214) 869-8708 Current and/or previous board, commission, or committee experience in the City of Southlake: NON Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: I have never served on any city's governing body, I am 43years old a professional business man, and simply put I feel it's "my turn" I have lived in Dallas/Ft Worth since 1970, it's time I give something back to the community,. I share the belief that there must be some order of fairness and consistency of p—upose guiding the growth of a city to ensure the best possible lifestyle for the citizens now and in the future Qualifications and experience that would assist you in serving in this position:18 years in a management position budget, planning, training skills Good people skills and communication skills both oral and written formal training in and on the job application of the negotiation and decision making processes Do you understand and agree that you-regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Absolutely. Additional information or comments: I believe I can make fair and reasonable decisions to the betterment of the gity and the majority of its citizens will benefit Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date• -3 - -S'-91 Note: To provide sore information about se, I have attached my resume. a- G ERALD D. DALTON 1100 N. SHADY OAKS DRIVE SOUTHLAKE, TEXAS 76092 WORK (214) 869-8703 HOME (817) 488-5184 OBJECTIVE. A responsible management position utilizing my experience in budgeting, training and providing effective leadership skills, through which 1 can make a noteworthy contribution to an organization's profit and growth. QUALIFICATIONS: Eighteen years experience including. • Human relations • Training Teaching • Interviewing • Budget, development, monitoring, reporting • Office Management • Strategic planning RELEVANT ACHIEVEMENTS: COORDINATED the efforts required to pull together three offices into one regional processing center with a staff of 60+ personnel. PREPARED expense and staff budgets annually and monitored results and reported on them; size 2 to 5 million dollars annually. PERFORMED self audits and quality control programs to determine effectiveness of corporate processes. PREPARED strategic plans and implemented them in various customer related areas as well as employee development areas. COORDINATED the formulation and execution of multifaceted training plans for staff of 60+ employees. EDUCATION: Associate of Arts Degree in Business Administration (Hutchinson Community Jr. College, Hutchinson, Kansas) EXPERIENCE: Regional Processing Manager, CIGNA, Dallas, Texas 1985 - Present Special Risk Facilities Administrative Manager, CIGNA, Dallas, Texas 1979 - 1985 Administrative Manager, CHUBB and Son, Houston, Texas 1976 - 1979 Processing Supervisor, CHUBB and Son, Dallas, Texas 1971 - 1976 Management Traineel►ntem, CHUBB and Son, Dallas, Texas 1970 - 1971 PERSONAL' Married with no children Please treat with confidentiality as I am still employed and my current employer is not aware of my current search. di -? 'kill j tAC_=__ Ir CITY Or SOUTHLAXE APPLICATION FOR :,PPOINT,'ENT TO: (name of: board , co-L<<.*ni ssion, or committee (use a separate application for :each appointment desired) Name:Address: , a{a ' (-_ � � i � '_;�` �-� Home Phone: ,k i r 2 i i Years in City: r�y Employer: Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee , and your opinion as - to the purpose , goals , and duties of same 1 c-L�-..4f /L G�-C ��/j I Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? �L Additi na1 information or comments: 41 L � r Please return this completed form to the City Secretary' s office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you ' sh to continue to be considered for appointment. Signatur ^�i t Date t� t MAR'_'? 1991 " CrIZTI—LlI CITY OF SOUTHLAX E = vn APPLICATION FOR APPOINTMENT TO: (name of board , com , ssion, or committee) : Planning do coning Co:�miss i on (use a separate application for each appointment desired) Name: Greaory S . Jones - Address: 1365 Cross Timber Drive Home Phone: 481-5298 _ Years in City:- three Employer: IBM Phone: 962-4654 Current and/or previous board, commission, or committee experience in the City of Southlake: none Reasons for desiring to serve on this board, commmission, or committee, and your opinion as to the purpose , goals , and duties of same: I am. concerned about the city structure, development and maintenance of roads , and regulations for city functions. I feel the commission should provide for sensible utilization of land for all ditizens . The commission should insure a fair and equitable use of land uUMMrciaI reTaII, n psi en Xa . Qualifications and experience that would assist you in serving in this position: four years of college and three years of home ownership in the city. customer relations responsibilities while employed by GTE. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments: Please return this completed form to the City Secretary' s office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date •�ram- :'"�' •�-• CITY OF SOUTHTAX7 APPLICATION FOR APPOINT,•:EVT TO: (name of board , commi s�;ion -or committee) : Planning and Zoning Commission (use a separate application for each appointment desired) Name: Sharon P. Hobbs Address: 105 Sweet Street - Southlake , Texas 76092 Home Phone.. 481-0257 Years in City: 5 years , 8 months Employer: Self-Employed (Re/Max 114-Broker phone: 329-3500 Ts ate , Current and/or previous board, commission, or committee experience in the City of Southlake•None In Southlake - Several in Amarillo before moving here. I did serve on the Board of Directors of the Southlake Chamber of Commerce in 1990 . Reasons for desiring to serve on this board , commission, or committee , and your opinion as to the purpose , goals , and duties of I have a great desire to see Southlake become one of the best same: planned cities in Texas . That process has a great start and I would like to contribute something to our future. Qualifications and experience that would assist you in serving in this position: I have served on numerous committees and on several Board of Directors, including two years as PTO President, one year as Booster ri nb r ai c"eni- T havP pryer- an the Rnarr3 of ni rer•tors for the CT. Women' s Chamber for four years and served as President in 1989-90. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments: I feel my nine years in real estate would be helpful in serving on this committee. Please -return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature. �l-uClti� Date March 1, 1991 C?' 1z Of(Y T Xr 11 An CITY OF SOUTHLAXE QY4 199 OFFI board , C APPLICATION =0R AP.O_tiT:• TO: (name o " g '� r committee) : (use a separate application for each appointment desired) Name : Address: - Years in City: Home Phone: Employer: Zi�` �-->c5,7— �� /.✓� S Phone: g/q Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose , goals , and duties of same: 7-zy G N ti c�, icJ /�' �'DSO;�✓ - i L E ���ti�c.��/Z Qualifications and experience that would assist you in serving in this position: Prsc'. i«'�'E 'v tOS FQ/_ USAF 44�_G 9��'?„i.y G o Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature:: NOV 151991 CITY OF SOUTHLAKE OFFICE OF S£CBET"R ILI APPLICA TION FOR APPOINTMENT TO: (name of board , commission, or committee) : (use a separate application for each appointment desired) Name: --7-2,e L• Address: Home Phone: y�/- /.Z// Years in City: 3 Employer: �a%C/ T /2G/,✓CS Phone: Z Current and/or previous board, commission, or committee experience in the City of Southlake: N DVE Reasons for desiring to serve on this board , commission, or committee , and your opinion as to the purpose , goals , and duties of same: ��C �Tr C .�G-•✓T Qualifications and experience that would assist you in serving in this position: ";A T Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? &'- Additional information or comments: n this completed form to the City Secretary' s Office. Please return p pplication will be kept on file for one (1) year. After that Each a time it will be nececontinueo toebepconsidered d information for appointment.the herein if you wish to co Date: Signature:- f Asa resident of the City of Southlake over the past three years, my family and I have seen many changesthat have occured. These changeshave had imme- diate and long range off ects upon our lives as well as our property values With that in mind, and the fact that our city is located within a corridor which wll undoubtedly see rapid expansion due to the proximity to both DFW and Alliance airports,our rural atmosphere and the desirability for the child- ren of new familiesto attend Carroll Independent School District, 1 feel that I can contribute greatly to the long range goals of our city. Those goals, hopefully, will be to attract quality commercial and residential developement to the area, while at the same time preserving the rural atmos- phere and quality of lif a that we , as a community have come to expect f rom Southlake. The members of the Planning and Zoning Commission, aswith any City board or committee, should strive to unbiasly disseminate all information and data It receives, collectively making it'sdecision and then passing those deci- sionsand information to the City Council for final approval. With this attitude I feel the City of Southlake will see a positive growth that will be beneficial to us all. Member of the Southwest Airlines Pilots Association board of directors respon- sible for initiaing SWALPA asthe sole collective bargaining agent for Southwest Airlinespilots, recognized by the National Labor Relations +� +r Board and Railway Labor Act. Former Chairman of the Southwest Airlines Pilots Association Contract Negotiating Committee, mandated to seek a collective bargaining agreement between Southwest Airlines Company and it'spilots Secretary Treasurer of the Parkway Estates Homeowners Association, Plano, Texas Dealing with Executive Board policies, collection of dues and remittancesfor homeowner and association expensesfor the 300 members FEB 19 W- CITY OF SOUTHLAKE OFFIC OF MY GER APPLICATION FOR APPOINTMENT TO: (name of board, committee) : P1 nnina and Zoning Commission use a separate application for each appointment desired) Name:_ Nick McGarity Address: 2050 N. Shady Oaks Dr. , Southlake Home Phone: (817) 481-2107 Years in City: 3 years Employer: Self Employed --Real Estate Phone: (817) 329-3500 Current and/or previous board, commission, or committee experience in the City of Southlake: Community Road Improvements Task Force, Street Priority Committee Reasons for desiring to serve on this board, corzmission, or committee , and your opinion as to the purpose, goals, and duties of same: Goals include more involvement in Southlake growth and development. Planning and Zoning is involved with assuring that growth is done congruent with current zoning and ordinance. Qualifications and experience that would assist you in serving in this position: Two yParc axparianra ac a f nmmerrial RAaltar; Qeneral awaranocc of zoning issues; have observed Southlake Planning and Zoning meetings for three (3) months. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Yes Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date. February 19, 1992 RESUME Nick McGarity (817) 481-2107 (How) 2050 North Shady Oaks Drive (817) 329-3500 (Work) Southlake, Texas 76092 Summary: Extensive experience with sales, sales support and education. Retired after 21 years with IBM and started a second career in commercial real estate. Proven management and leadership skills with personal strengths in those areas requiring creativity, innovation, diplomacy, or teamwork. Excellent people manager. Work Experience: RE/MAX 114 October, 1991 -- Present I have recently moved to RE/MAX 114, where I will be teamed with my wife Mikie, who is a successful Residential Specialist. Together, we will be able to provide all types of commercial and residential real estate brokerage and property management services in the fast-growing community of Southlake, where we live. Century 21 Mike Bowman, Inc. April, 1990--October, 1991 At Century 21 Mike Bowman, I specialized in commercial investments. In my eighteen (18) months with Mike Bowman, I completed eleven (11) sales in the multi-family area: 100-units, 18-units and 5-units respectively (all in Fort Worth); six (6) 4-Plexes (Euless, Hurst and four (4) in Irving) ; and, two (2) duplexes (Keller and North Richland Hills) . Additionally, I have successfully marketed a retail center in Azle and sold three (3) office buildings (Euless, Grand Prairie and Hurst) . Although fairly new to commercial real estate, I have conscientiously invested in personal education. In May, 1990, I completed Century 21's Investment Qualification Course, the first of four courses required to earn their designation of Investment Specialist. I completed the second course in that series, the Investment Practices Course, in August, 1990 and the third course, Fundamentals of Commercial Brokerage, in March of this year. In April, 1991 I completed the final course, the Investment Specialist Course, and earned the title of Investment Specialist. Courseware/Andersen Consulting January, 1989--January, 1990 Project Manager for the development of online tutorials yet to be released with the IBM OfficeVision product for PS/2 LAN-based systems. Involved management of programming and writing staff and contracting/P&L responsibility. Earned substantial bonus for cost savings at end of project. International Business Machines June, 1967--December, 1988 Held a variety of sales and sales support positions prior to retiring at the end of 1988. Last position was Manager of Dallas I/S Executive Center where I was responsible for developing and implementing customer executive-level education addressing telecommunications management issues and professional development education for the IBM marketing field force. Previously held positions within IBM as: Manager, Systems Engineering Professional Training, Irving; 8/86--12/87 Manager, Marketing Education, Dallas; 8/81-7/86 Systems Engineering Manager, Chicago; 11/78-7/81 Senior Systems Support Representative, Palo Alto; 12/75-10/78 Systems Engineer, Norfolk; 6/67-11/75 Resume for Nick McGarity Page Two Recognition/Awards: Century 21 Million Dollar Club; 1990 and 1991 . Top Producer, Mike Bowman Realtors, Inc. ; December, 1990 Top Selling Agent/Commercial Division, Mike Bowman Realtors, Inc. ; March, 1991 Top Listing Aggent/Commercial Division, Mike Bowman Realtors, Inc. ; May and September, 1990 and January, May and July, 1991. Top Listing Agent, RE/MAX 114; October and December, 1991 Professional Affiliations: Northeast Tarrant Board of REALTOR's Texas Association of REALTOR's Commercial Investment Brokers (CIB) -- Director, 1991-1992 Commercial Investment Marketing Network (CIMN) Greater Fort Worth Board of REALTOR's Commercial Investment Division (GFWBR CID) Tarrant County Property Owner's Association (TCPOA) Education: Real Estate specific: Century 21 , Investment Specialist Course (2 days) - April, 1991 Century 21, Fundamentals of Commercial Brokerage (3 days) - March, 1991 Floyd Wickman Sweathogs (12 days) - December, 1990 Century 21, Investment Practices Course (4 days) - August, 1990 M/PF Texas Apartment Workshop (1 day) - Auggust, 1990 Century 21, Commercial Leasing Practices (1 day) - June, 1990 Century 21, Investment Qualification Course (4 days) - May, 1990 Real Estate Appraisal (30 hrs) - March, 1990 Real Estate Law (30 hrs) - March, 1990 Real Estate Finance (30 hrs) - March, 1990 Property Management 30 hrs) - March, 1990 Principles and Practices (30 hrs) - February, 1990 Formal : M.S./Mathematics, The College of William and Mary - June, 1967 A.B./Mathematics, William Jewell College - June, 1965 Personal: Native Texan; born in Austin on April 23, 1943. Married 25 years; wife is Mikie McGarity, Residential Specialist with RE/MAX 114, Southlake. Two sons: Michael, 1990 graduate of University of Texas at Austin; now an Assistant Buyer with FOLEY's Department Store, Houston; and Matthew, a Senior at Carroll High School in Southlake. lac-��l �.M o FB 1 9 OR February 19, 1992 Ms. Sandra L. LeGrand City Secretary City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Dear Ms. LeGrand: Michael Richarme told me that there were going to be some vacancies on the Southlake Planning and Zoning Commission. I have been attending these meetings for some time and would very much like to be considered for any openings. I have lived in Southlake since May, 1989 and am deeply concerned about seeing Southlake grow in an orderly fashion. I feel that serving on Planning & Zoning would be an excellent way for me to contribute some time to the community. To that end, I have enclosed an application and a Resume. Please call me if there are any questions. Thank you in advance for your consideration. Sincerely, Nick McGarity Commercial/Property Management Enclosures WAMMI14 1101 east northwest parkway, suite 110 119 southiske, texas 76092 PIRALTORMLS metro: (817) 329-3500 ..on wile.Ina.wndenely owned arid ownbd CITY OF SOUTHLAKE FF3 2 0 1992 OFFTCE OF APPLICATION FOR APPOINTMENT TO: (name of board, coiLMR,ETt committee) : (use a separate application for each appointment desired) Name:_ �1� �i -� L=� C L--.2) S 76) Address • (A— (•_. S—, Home Phone : �j^0 ) <7 Years in City: Employer: �., S � � �{ ��' �-�-U _Phone: -S�C �- • � t P e::perie.^.cs m Current and/or previous board, comission, or com.mi_t_e in the City of Southlake: 2't'Lv kOt--S 1� r�CL`' -(r�tLr S -J L�` ' v1-`' ��== Reasons for desiring to serve on this board , commission, or committee , and your opinion as to the purpose , goals , and duties of same: %.a.:�e� 'LCr'�> �S _ _'tic C �1 i�'C"4 C�•,L L� .= +�� (ih�S ice) rl> c Qualifications and experience that would assist you in serving in this position: (d i� St�L \HlXu[ �i � l L�tZS .� l Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? �S Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary continueo to reapply cons considered update ppointmentation herein if you wish Date: �g �rI Y Signature: ~� City of Southlake,Texas M E M O R A N D U M February 21, 1992 I� TO: Curtis E. Hawk, City Manager j FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-01 Concept Plan ------------------------------------------------------------------------------ REQUESTED ACTION• Concept Plan Approval for Pleasant Hill Advent Christian Church per Ordinance No. 480, Section 8.6. LOCATION: 1300-Block of North Carroll Avenue, being legally described as Block 1, Lot 1, Chivers Park Addition OWNER/APPLICANT: Pleasant Hill Advent Christian Church; Roy J. Stacy, Trustee. CURRENT ZONING: "CS", Community Service District LAND USE CATEGORY: Mixed Use (Commercial/Residential; No Industrial) NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: February 20, 1992; Approved (5-0) with the letter dated February 14, 1992. STAFF COMMENTS: Attached please find the First Plan Review Summary dated February 14, 1992. A Development Site Plan must be approved by City Staff �PA---- prior to the issuance of a building permit. M KPG IDA I CITY OF SOUTHLARE 04/02/91 CONCEPT PLAN APPLICATION TITLE OF CONCEPT PLAN: PL-C- R, tT 41', - Af) V5V-1_ rLq_ ST/f G IBE SUBDIVISION NAME: LC'T- l Scee-K ( C N I VG(1 5 !D/}Y'IL LOT: �_ BLOCK: APPLICANT OWNER (if different) NAME: y,y �. �%/9 C `, ��c�S /�' I��L L .r¢Dv&-J,—, C ADDRESS: 3d0 .v, J�4�y y�Ti�S bR, We C fJ PHONE: 1�� 3 `] I hereby certify that this site plan is in conformance with the requirements of the Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: ' ' Date: / - 9 �Y c--- For City Use Only: I hereby acknowledge rFceipt of the concept plan application and the application fee in the amount of $ IOO on this the 17 M, day of , 19 `7 *57 Zs _ Signed: tuy(p Title: 7e7zLA� 'r►!✓r�' L***********,r***,e,r**** ******,►*,r**+r******,r***s**,r,r******,r*** ,r*x ******,e*****,e,r�,r****,r*** The following checklist is a partial summary of concept plan requirements required by the City of Southlake. The applicant should further refer to Zoning Ordinances No. 480, amendments and other ordinances, maps and codes available at the City Hall that may pertain to this concept plan submittal. Shown Not On Plan Applic. p/ Acceptable scale: 1"=201 , 1"=401 , or as approved North arrow, graphic & written scale in close proximity Vicinity map indicating the area in which the property is located Appropriate title, i.e. "CONCEPT PLAN FOR Zoning Request". Title includes project name, City, County, State: -� Title includes gross acreage and date of preparation. ✓ Provide name and address of owner and/or applicant. f Provide name, address and phone of consultant who prepared the plan. ✓ Legal description and a survey or plat cerified by a registered professional land surveyor showing boundary dimensions, bearings and existing easements. Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning. Adjacent tracts labeled with owner's name, existing zoning and proposed land use designation (L.U.D. ) . ✓ Conceptual representation of proposed use(s) and generalized ✓ representation of proposed improvements. Conceptual representation of points of connection to public rights- of-way. -� Approximate extent of existing tree cover. 10A-L Concept Plan Checklist Page 2 of 2 f� Label all required Bufferyards as to type and width. Computation of proposed number of dwelling units. _L Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds, and wooded areas that are to be retained. Other information the applicant and/or owner might wish to include. ✓ Such other information as may reasonably be required by the City Staff, Planning and Zoning Commission or the City Council. First submittals for review by the Planning and Zoning Commission shall include: r/ Blueprints - folded 6" x 9" Reduction of plan at 8 1/2" x 11" ,1A Copies of all written documents Second submittals for review by the City Council shall include: Blueprints - folded 6" x 9" Reduction of plan at 8 1/2" x 11" Copies of all written documents Folder: ORD File: APP.CON )OA 3 yt- ti. NIP 3 U L1=lrsz _��� Su Y ABST. H• SURVtY AM..N* 34B 'f'T'�- �- .�r1ao� MIA 2C i 2 b RvEY ApST.- • IS6 -1 Ir I / 231 �"� - t� L ' I 1 rJ 131 Ap 281 IIAc 4Ac. IOAc. f•7 I ~ WA 91 Ac. 32-Ac M A m cArArroLL HIGH — f- 1 _ SCHOOL EAST DOVE STREET 2Ac �•� 1I3 ,--- 1s, 1f1 --- ,I 1 u1 , 1 i L -- �+` e>e I I 1 alr I' W 1 1� IA2 i WA IA �IE�. IF 'Q .?ICIIC� A 4 M. 1A2 ew _ �e4Ay� E ! 414Ar aeAe �T • w , I oAe I133Ae- • 8 Ae 1 30 S 2 IAD I I aTT Ae 393 Ac , I 3I4. 332Ac 239 S ' u2 wf 1e L ` 8A46Ac 2OT At 'RISC �t' L--tA1 a , A fAe 132� / 4p ` e • �Ov - 2A2 22AA�� I. —2.64Ae� �A \ 9TfAc 401 82 At —� 20 At 839 At r ' I Z i 366b c 2.3 S8 75 At. , PRIMROSE LANE 3 - ITAc LALRXDH H. C• CHOVERS ABSALOM H. HOVERS Ac 7B ; 3�4 SAf�iF2'�C3e SURVEY ABbT. N2 300 _ r n9fAc �� -----------1 SURVEY ABST.NE 2" -----------� ram.. 1 pAc SURVEY 4BST. Ns .�- too At `� 3M 13:3 3 A i - - SAIGO A A 1 3AI ��.---r .I `�2 Y� 3AIE �4 5 . 3AIG3 A I� 321 At i 3Yc i 56.33 Ac r. ly 2 At 2,tLT 4 14iAA - 2A r 'i - 3A2 'rt : �� 3 ,GA '14� 3—�38�5s ' 4A [7��� 1�� JACK �aDu.�w��61 9,.-„� I J► 71�t Z2488 At `.T �� _ • 4c JOHN Vn 34a T'n- 308 30A 3EIC LL Ak 3a18 943 AL • �_. a"At, Ap _ - LSD. sw [I' it 01 IF lil 11 IE L00I ;xzs I1�pDDLE I sci Ac .7- . t I 24.91 Ae. 124.�5DtA is TL •� n n - r I s IAI I� , - - IL 11L .J�-JJ ' - GRMHARD [EA®S -Ti • 1 BUR Y 4lslikII SURVEY ABST. N4481 r- - IA IE ... t < KLL YTE M.I 4/ 28 2 .38 1- TRACT LOCATIO-N MA P �' ' x,E� 1 r V % ! 2 3 D. $ TR A• cc 7.3 AC j �t 1 L 30 Carroll ISD Hugh Tsg ig ie T._ 7R SH ttAGrt cc 15.6 AC see b ARK ricstt lti7 RS P TR IVE 26a 4F4 N \\ 1 1.534 1 1 / @ 4.623 @ "C-3" -Ae Highland Group J.V TR 4F2 12.0 AC ttC_3,1 The Selwyn School Hig21an G p JV 3 8.94 @ 3.309 @ ,t, I $ s� TR 4H TR 4G $ !.0 AC $ 1.0 AC $ S 174 176 I i i1 TR 101 1 1.9 AC SOUL CAR ' TR 1C m & I 5.0 AC ADJACENT OWNERS & ZONING ; T1..3 AC A _ .. 1 oa-5 TR 102 1 TR � � ? __ __ 02B � TR_ 102A r City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Y CASE NO: ZA 92-01 REVIEW NO: ONE DATE OF REVIEW: 2/14/92 PROJECT NAME: Pleasant Hill Advent Christian Church Lot 1, Block 1, Chivers Park Addition OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Roy J. Stacey, Trustee George A. Peterson Co. 320 N. Shady Oaks Drive 116 Cliffside Dr. N. Southlake, Texas 76092 Burleson, Texas 76028 Phone: Phone: (817) 295-7828 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/27/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * We find the applicant has met all the concept plan requirements of Section 41 of the Zoning Ordinance. * Denotes Informational Comment cc: Roy Stacy George Peterson lbk LES619 t."D.• P-11XIL0 U-sr a e- 15-f- V LSW IS U-st"t,'If f UP"OLT.A.4 r: NJ 0-0 ,r i •�= ' j VIA + �, • FuTuxe colawtstucriva I Wive, O's. NEWCONSTKUCTION lu ro 4q.: I L \oc. Ni 7 - 'fa—t"5'�r.t,:r••!rir►ir � ' t"� � 1 � •i �1C{'.isTiN6 TO •ia�Lsvti � surrorli�_� l� I 1 11 T rilor.4r Ole Ica- L-U.P. Go U-,g Lar q.,csvwWx rx4K boa. cat-.-"(, Lmpr 1. 9L"K I Zr L.C,1!o, AZlrgg A'a IF V_." tv IN sdlwv-LA•t SUL* ico. etrar. ..LLB l9&Z- OA-I J City of Southlake,Texas CITY MANAGER M E M O R A N D U M - February 25, 1992 TO: Curtis Hawk, City Manager FROM: Lou Ann Heath, Director of Finance i SUBJECT: Utility Audit Contract I I Last October, the Council was presented a proposal from Ben Sanford and Associates for an audit of utility charges. This audit would review charges paid by Southlake to our various utility companies, i.e. Tri-County, TU Electric, Southwestern Bell, GTE, and Lone Star Gas. The proposed fee for this service was 60% of any recovered j over-billings that were charged . Council staff to determine if there were to thlake sted vendors offering rthe esame utility audit service at a lesser cost. Tri Stem Incorporated in Waco, Texas offers a similar service for a 49% fee, rather than 60%, for a review of telephone and electricity billings. This fee is due only when, and if, the City receives a utility refund. Any future savings benefit the City, i and no additional fees are due to Tri Stem. i I recommend the Tri Stem proposal be presented to Council for their approval, authorizing the City Manager to execute the Consulting Agreement with Tri Stem for utility audit services. i i I I I i i I ,/D „fitRiT1 � EM t N C O a v OR A f D CONSULTING AGREEMENT THIS AGREEMENT, entered into this day of ,19 ,by and between ,hereinafter referred to as the CLIENT and TRI-STEM, INC., hereinafter referred to as TRI-STEM or CONSULTANT, covers the relationship of CONSULTANT and CLIENT. TRI-STEM will conduct a study of prior electrical and/or telephone billing to determine that the amounts paid by the CLIENT are correct TRI-STEM will also inform the CLIENT if there is a possi- bility that they can qualify for a more advantageous rate for future billing. As a fee for this service, the CLIENT agrees to payTRI-STEM 49% or 60%* of any refunds the CLIENT may receive as a result of this process or any part thereof. CONSULTANT'S fee is not due until CLIENT receives refund. CLIENT agrees to pay CONSULTANT'S fee within ten days of receipt of refund,whether refund is in the form of cash, credit to accounts, in-kind contributions or any other form of payment If future considerations are given in lieu of refunds,TRI-STEM will receive the appropriate percentage of the two year value of the future considerations. nere are no "up-front” fees or service charges. All future savings go to CLIENT. If there are no refunds or credits for CLIENT, there is no fee to CONSULTANT. The fee is 49% if both telephone and electricity are studied and reviewed. If only one of the two, the fee is 60%. CLIENT retainsTRI-STEM for audit services for: Electrical Telephone Other AGREED AND ACCEPTED: CLIENT: BY: Name Tide DATE: TRI•STEM, INC. BY: Name Tide DATE: TRiSTEM, INC. The ciry of Tulsa.Oklahoma stood to save 5358.603 Electric Utility Billing Errors a TriStem audit found overcharges by the local electric Error Frequency Dollars Recovered company based on an incorrect rare schedule and AT&T charges Tronc,Rate 30 5303,500 ror equipment that was no longer in use. ■ Sam Houston State Metering 228 320,500 University is saving S 115,000 per year after TriStem discovered Miscalculation 6 32,900 that the university had been overcharged by the electric company Double Billing 3 14,000 since 1983. ■ The city of Scottsdale,Arizona recovered Total: 267 5670,900 5268,000 in electric overcharges after TriStem found an error rate The most frequent errors were metering errors.These errors are a of?14o in billings by the local power company. ■ While utility combination of mechanical meter malfunctions and/or meter companies do not purposely overcharge,misclassify or incorrectly reading errors. Many times it is impossible to determine if the meter their clientele, these under-regulated and uncompetitive failure is mechanical or human in nature.Worst still is the fact that orogaraations do make mistakes;mistakes that can propagate into meter reading errors are not self-correcting.A meter that is misread thousands, hundreds of thousands,even millions of dollars in can continue to show errors in future readings until corrected. In utilit}'bills overpaid by consumers.-And while most companies either case,the result for the consumer is simply an incorrect utility have auditors that verify invoices for materials and supplies,they bill. ■ Although metering errors are the most frequent,the most do not have auditors that can effectively review and expensive errors result from use of incorrect rates. Utility vendors recalculate udliry bills.The faa is that most seemingly have the most difficulty with organizations are unaware of just how much specialized rates and multiple rate groups, thcv could be overpaying each month. L L Why do conscientious, well- appropriate not only to municipal ■ Why do conscientious,well-managed managed companies insist on an organizations,but also to hospitals, companies insist on an itemized invoice for industry, universities and hotels. ■ In 5100 in office supplies but are willing to itemized invoice for 5100 in Office addition,we also have discovered that the accept one-line electric bills for tens,even supplies but are willing to accept frequency and magnitude of incorrect 'reds of thousands of dollars?The answer one-line electric billsfor tens, even billings are not discriminate with respect to _ 1v bills are difficult to read and difficult to the size of a communi __ ty which a utility understand.An electric bill can be based on hundreds of thousands of dollars? company services. Billing errors occur in 15 or more different calculations,some of —Joe Seeber, President and Founder large metropolitan areas as well as small which depend on information From prior bills municipalities.We found that one-half of and differing electric rates. Further, the cities examined were due refunds, information necessary to perform an averaging$13.00 per accounting month or intelligent audit will not appear on the $33,520 per city. ■ Over the last 13 bill. ■ Today companies can pay up to four or five separate Years,TriStem,Inc has recovered millions of dollars for its clients phone bills-local and long distance service,WATS lints,800 in 45 U.S.states,Puerto Rico and Canada through udry auditing numbers,bills for telephone equipment and extended phone and analysis.We've helped national corporarions,hospitals, services;and telecommunications opens estimate that 40-60%of municipalities,universities,insurance companies,developers,snare all telephone bills contain billing errors.Water and sewage services agencies, manufacturers and others recover past losses and gain are often incorrectly billed due to defective water meters,incorrect future savings.T65rem not only has the experience and knowledge rate classification and gross errors in the estimation of future to analyze and uncover urilicy billing errors,but also the ability to charges. But yet,companies continue to pay one-line invoices not work with udhry companies and deliver clients refunds,credits and knowing whether they're being billed at the correct rates and for savings from telephone,electric,gas,water and sewage utility actual services or not.TriStem conducted a three-year survey of billing errors. municipal electric accounts and found the results nor only distressing, but indicative of the utiliry industry. OUR CLIENTS FROM THE PRESIDENT eeH,ghlyprofeoI"m ,mimpraud07 W"' Fr stem i dome,espera -f the fact that ono rrfi Over the past 13 wars, I've been surprised at how widespread d u arse,there's no fee far TriStrm s;enrrcer.In our cau, to overcharging by utility companies really is..�consumer can purchase a gallon of ,eceft, rhma&of do rhan,6 w TriStem.» gasoline or a pound of hamburger and have confidence chat the pumps or scales Marino Bual.Accounting Manager.Gr.of Pordand.ormoo used to measure their purchases have been examined and tested by a state i eeTr's"ryas a ire w our ea�ectat:otss a: erl raP°1U � regulatory agency. UdEcv companies can guarantee no such assurances.Often j a tlu,u Thy bo&Zd all of the anal ff t cnrmpond�e government agencies chat have the power to set utility laces fail to follow-up by =d neptzatww and landed rat an dectric uaLry^r'trd I ofsz�,000. !7 k testing rate appGcarion.The only organizations that might test the quality of MirA,ya,n.GrvAuAiror.City ofsoortsdalr Arizow utility measurements arc the utility companies themselves. Amu Realty lnmmrs Dallas County.Tau I must emphasize that it is not a practice of the utility industry to Alpha Investments DuPont Ptiartmtenaals.Inc c overbill its customers, rather,the race of error can be arm'buted to the lack of Adann Memorial HmpiW Erans Pre corn cition within the industry.While a supermarket selin a half and of �"m Development �to sd Pe �Y P '; P° Braaala limited E-son Company t,'SA hamburger for the price of one pound would be driven out of business by Brazos River Anmortry Fd&7 Bankers life la—a Cts. j GO M.B do Company Furl City Vatioeal Bank y competitors who gave their customers what they paid for,utility companies,on Caribe General Steak Foicy's j the other hand,can continue to blindly overcharge their customers and stay in I Caribe Helton Gtalfco Caterpillar Incorporated HCA Vilky Regioml Medial Ca. i business. I Ccnut Development Honc.Y-ell j City of Big Spring,Tau Hym Regency Corporamn ' TriScem is dedicated to recovering overpayments from the utility i Giry of Bossier City.Louisiana Ideal Company •. companies and correcting discrepancies and errors in uriliaes billing.The reulis j Ciry of Hunnvik Texas Interfirst Bank Ciry of Midland.Tau Lamar l:rai'mily have been staggering.In one case,TriScem was able to recover more than 31 I Citv of oWahoma City,OK Mariner Managcment million For a Texas university in overcharge and,after cornea City of Plano.Tens `tamort Hotels billing procedures l " City of P«tArthur,Tau `I Bank were initiated in 1985,saved the university 350,000 per month in expenses. Ciryof Portland.Oregon Mobil Oil Corporation ' City of Scottsdale.Arizona North Tau.Municipal Water t Our client list includes several hotel chains, numerous Fortune 500 j Cirvof Shreveport.Louisiana Disma companies,county and municipal governments,over 200 hospitals nationwide, Ci,of Tulsa.Oklahoma Peer Semites Incorporated Ciry of Tvker.Tau Phillip 166 Company, over 20 universities, 50 school districts, five major insurance companies and Colorado-Faveue 4Medial Cv, Pimbargh Medici Center several major property management companies. Command-Aire Corporation Pizza Ian Crown Plan Propem•Managemmt System Utility operating expenses come direaly from vour bottom line,and i Dallas Lighthouse for the Blind Recognition Equipment TriScem hopes chat we can help your organization correct its uciGty bills and ; Sam Houston Sure t n;.tmcv t San Antonio ISD recover refunds from overpayments. Unlike many utility auditing franchise i sangtr Harris operations,TriScem has the experience and the staff to recover refunds and I Senn Rosa oughMcdi Ceara o P P _ Schering-Plough credits.We've learned a lot about utility companies in the last 13 Sk-dine Properties` ,La Southwestern Tspogtaphia[--c years,and we hope chat we can put that knowledge to work for I y-= St.Tarry s Hospital you.Our bottom line is char TriScem will make sure I Supreme Beef Pr«r:son you're getting what you pay for. `L r �_ r•�r' c Joe Seeber President and Founder __-' x - TriStem, Inc. ''. "•� :.�... _ _R F tL W S / d -ov TR I - TF—M � � R o W 0 I N C O R P O R A T E 0 MV 610 OF i November 4, 1991 Mr. Curtis Hawk City Manager 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Hawk, Thank you for stopping by our booth at the Texas Municipal League in Ft. Worth. We would appreciate the opportunity to discuss our services with you further. I have enclosed our literature. You may remember that we audit bills paid (Specializing in electric, telephone, etc. ) looking for overcharges. We are paid only if a refund is received which is 49% of the refund only. If there are any questions you or the city staff may have, Please call our toll free number 800-234-7937 and ask for me. rega , R , NC. by: Joe Seeber, President JS :kk enclosures ACCOUNTS PAYABLE ANALYSIS 7543 Bosque Blvd.,Suite H • Waco,TX 76712 • 817-776-2030 • 1-800-234-7937 • FAX 817-776-4290 / 0 "64— 5— (TYPE ON YOUR LETTERHEAD) Local Utility Company Address (YOUR COMPANY NAME) has retained TriStem, Inc. as our agent to interface with 'your company regarding our billing for prior periods. This agency authorization shall continue in effect until you are notified in writing of its cancellation. We will appreciate your cooperation with TriStem. They will research and negotiate on our behalf in matters involving prior billing. All communications regarding these matters should be with TriStem . * (Please list each telephone billing number here. ) Please send copies of all correspondence between you and TriStem to us to the attention of ' Any refunds that might result from this review should ld be issued by check made payable to mailed directly to us . Sincerely, cc: TriStem, Inc . 7543 Bosque Boulevard, Suite H Waco, Texas 76712 * To be included in letter to telephone supplier(s) only. ---You will need to provide TriStem with a letter of agency for each utility company. The letter should be typed on your stationery, signed by the appropriate representative and the originals sent to TriStem. TriStem will hold these letters of agency in their file until ready to contact the utility company on your behalf . / p ,L-. 6 TxI STEM. INC. Utilities Audit Checklist ELECTRICt (�] Copies of electric bills for four years. Some of our clients prefer to send us the originals . We are .bonded for this purpose if you prefer. ( A letter of agency to the power company (or companies) who provide service. A suggested letter is attached. Please send the original letter to us. We will forward the letter with our request for information. [�l A list of all facilities with approximate square footage in each. [� Copies of contracts (Service Agreements) that may exist between your organization and the power company (s) . [� A listing of all sewer and water pumping facilities. Please include the number of pumps at each facility and the size in ho,:sepower. Del, The most recent inventory of street lights. Also an older inventory. Perhaps two to three years old. THLEPHONE: X] Copies of all telecommunication bills fcr the most current month. (Please note only one month necessary. ) 01 [ Letters of agency to all telecommunications sup- pliers . Again, please send original letters to us . A suggested letter is attached. TriStem, Inc . 7543 Bosque Blvd. , Suite H Waco, Texas 76712 817-776-2030 800-234-7937 City of Southlake, Texas CITY MANAGER M E M O R A N D U M February 28 , 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P. E. , Public Works Director SUBJECT: New Ballfield License Agreement At the last council meeting the Council instructed staff to prepare an agreement between the City and the Baseball Association for the purpose of installing a new ballfield on City property due south of existing field #3 . Attached is a copy of the License Agreement that the City Attorney prepared. The main points of the agreement are as follows: 1 . The City grants the Baseball Association a license to construct, operate and maintain an athletic facility and associated ancillary facilities at their expense on City property for one dollar ($1. 00) a year 2 . The term of the contract is for one (1 year 1 with a 30-day cancellation clause at the end of the first year. 3 . The City may take possession of any or all of its property at its discretion without any compensation to the Baseball Association. 4 . The Baseball Association will be responsible for any damages to property belonging to them, will indemnify the City against any and all claims, and will maintain certain insurance requirements as detailed in the agreement. Please place this item on the Council's agenda for their consideration. A0 MHB/lc attachment: License Agreement wpftl-a baufld.agr FIELDIriG . BHF:nETT TES °l -5r,U i�- Feb 27 . �_ 14 =5 Ho .006 F .0_ L19ENS E AGREEMENT STATE OF TEXAS § g COUNTY OF TARRANT § This contract and License Agreement is made and entered into by and between the City of Southlake, a home rule municipal corporation in Tarrant County, Texas, acting herein by and through its duly authorized City Manager, Curtis Hawk, hereinafter called "Licensor"*, and the Southlake Baseball Association, a non-profit Texas corporation, located in Tarrant County, Texas, acting herein by and through its duly authorized President, hereinafter called "Licensee" . WITNESSETH: 1. Licensor hereby grants unto Licensee, and Licensee hereby accepts the privilege to use and occupy certain property described herein for the purpose of conducting outdoor athletic activities and other uses incident to such purpose, including the maintenance of said premises and the facilities located thereon, for the use and convenience of Licensee, its invitees and members, both as spectators and participants. The demised premises are as described on Exhibit "A" attached hereto and incorporated herein for all purposes incident to this agreement. 2 . The term of this license and privilege shall be for a period of one (1) year, beginning on April 1, 1992, and ending March 11 1993 . This license agreement shall automatically renew for LICENSE AGREEMENT PAGE 1 \slake\bascbalL.agr / D C R r iEL-T. fit, phr additional one (1) year terms unless terminated by either party as provided below. This license agreement may be terminated by either party at any time, with or without cause, by giving the other party thirty (30) days written notice of such intent to terminate. In addition, this license agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement. It is expressly understood and agreed that- the above described property was purchased by Licensor for possible future use by Licensor as a site for a municipal complex and that such property will likely be used in the future for such purposes. 3 . In consideration of the granting of this license agreement, r Licensee shall pay to Licensor the sum of one Dollar ($1 . 00) per year for each and every year this license agreement is in effect. The initial payment under this agreement shall be due and payable on or before April 1, 1992 , and each payment thereafter shall be due and payable on or before each anniversary date of this license. 4 . Licensee agrees to accept possession of the described premises in their present condition and warrants that it has found them suitable for and free of any hazards or dangerous conditions that would be unsuitable for a place where large numbers of the general public are expected to gather. 5. Licensee will be permitted to construct facilities for recreational purposes, such as ballfields, temporary grandstands, LICENSE ACREEIENT GAGE 2 \slake\besebell.egr / dG - 3 FIELiTfd�� , BHF :ETT _L . 1 �Fii— Fib a� la fdO .�JUb F .�J� i lighting equipment, refreshment stands, structures for sanitary facilities, paved sidewalks, and similar installations subject to the prior written approval of Licensor. All such improvements shall comply with Licensor's Building Code and all other applicable laws, ordinances and regulations of Licensor. 6. Licensee agrees that all sanitary water supply facilities constructed on the premises shall be first approved by Licensor. 7 . Any and all improvements made by the Licensee are made at the full risk of the Licensee, and Licensor may take possession at any time of any or all of its property at its discretion without any obligation to compensate Licensee for any expenses it may have incurred in making such improvements. Licensee further covenants and agrees that it will maintain, repair and keep in good structural condition for the duration of this agreement, any and all improvements on the described premises, whether now existing or hereafter constructed. In the event Licensee does not undertake repairs or maintenance deemed necessary by Licensor within ten (10) days of notice from Licensor, Licensor shall, at its option, undertake such repairs or maintenance. All expenses incurred in connection with such repairs or maintenance shall be payable to Licensor by Licensee within thirty (30) days of receipt of a bill for same. LICENSE ACREEIEMT PAGE 3 \s l ake\MseW I L."r FIELDIrIi_ . BHr='rETT T LE.L : _ I -_f;ij— �i;� rrU _ 1 8 . This license is personal to Licensee . Licensee shall not assign this agreement nor sublet all or any part of the described premises without the prior written consent of Licensor. 9 . It is expressly understood and agreed that Licensee shall operate hereunder as an independent contractor as to all rights and privileges granted herein and not as an agent, representative, servant or employee of Licensor; that Licensee shall have exclusive control of and the exclusive right to control the details of its operations on the described premises and shall be solely responsible for the acts or omissions of its officers, agents, servants, employees, contractors, subcontractors, or invitees; and �.., that nothing herein shall be construed as creating a partnership or joint enterprise between Licensor and Licensee. 10. Licensor shall in no way be responsible for loss of or damage to any property belonging to or rented by Licensee, its officers, agents, servants or employees, which may be stolen, destroyed or in any way damaged during the term of this license agreement and Licensee hereby indemnifies and holds harmless Licensor, its officers, agents, servants and employees, from and against any and all such claims. 11. Licensee covenants and agrees to and does hereby indemnify, hold harmless and defend Licensor, its officers, agents, servants and employees from and against any and all claims or suits for LICEwsE AGREEWWT PAGE 4 \slake%baseball.eyr FIELDIHi; • BHFkE ( T t.L U J L • itIJ .IJIJ r . ' F property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the maintenance, use, occupancy, existence or location of the described premises; and Licensee hereby assumes all liability and responsibility for same. Licensee shall likewise assume all responsibility for and shall indemnify Licensor for any and all injury or damage to City property, whether or not arising out of or in connection with any alleged negligence or any acts or omissions of Licensor, its officers, agents, servants or employees . Licensee will carry public liability insurance so indemnifying Licensor and protecting the public in amounts which shall not be less than the maximum liability which can be imposed on Licensor .., under the laws of the State of Texas . At present such amounts shall be as follows: Property damage $100, 000 Personal injury or death, per person $250, 000 Personal injury or death, per accident $500, 000 with the understanding and agreement by Licensee that such insurance amounts shall be revised upward at the Licensor's option and Licensee will so revise such amounts within thirty (30) days following notice to Licensee of such requirements . Licensee shall cause the insurer to furnish Licensor a duplicate certificate of insurance. LICENSE AGREEMENT PAGE S \stake\6esebell.egr FIE;-DIH1:- T E L . I Feb a_ i 4 __ rig, ,�jur, , 4 12 . Licensee shall take good care of the premises and suffer no waste on the premises, shall comply with all laws, federal , state and local, and with all ordinances and regulations of the State, County, City and other governmental agencies applicable to said premises, and shall not make or allow to be made any unlawful, improper, immoral or offensive use thereof. Without limiting the above, Licensee further specifically covenants and agrees to comply with all regulations and policies of Licensor which have been or may hereafter adopted governing the use of city parks. 13 . Licensee shall have no power to do any act or to make any contract that may create or be the foundation of any lien upon the premises or any interest therein, and should any such lien be created or filed, Licensee, at its sole cost and expense, shall liquidate and discharge the same in full within ten (10) days after the filing thereof, and should Licensee fail to discharge same, that shall constitute a breach of this agreement. In addition, Licensee hereby authorizes Licensor to take any and all action deemed reasonably necessary by Licensor to remove or challenge any lien created in violation of this paragraph, and Licensee covenants and agrees to pay all reasonable expenses (including attorney ' s fees) incurred by Licensor in doing same. 14 . At all times during the term of this license, Licensor shall have the right, by its officers, agents, servants and employees, to enter onto and upon the premises for the purpose of examining LICENSE A&2EEWMT VACS 6 \Eleke\besebell.esr Ale - 7 riELL,ifl .) F+r � � L AP and inspecting the same for the purpose of determining whether Licensee shall have complied with all of its obligations hereunder in respect to the use of the premises. 15. Licensee covenants and agrees that in the event this agreement is terminated or cancelled for any reason, Licensee shall deliver immediate possession of said premises to Licensor. Upon such termination or cancellation, all improvements constructed by Licensee on the described premises shall remain on the premises, unless Licensor requests that any or all of such improvements be removed, in which event Licensee covenants and agrees to remove at its own expense any and all improvements and personal property from the described premises and restore the land to its original condition. Should Licensee fail or refuse to deliver such immediate possession upon termination or cancellation of this agreement, Licensor shall have the right to expel or remove, forcibly if necessary, Licensee and Licensee' s property and to restore said premises and in such event Licensor shall not be deemed guilty of trespass, and shall incur no liability as a result of such removal or restoration. All costs incurred by Licensor in the removal of such improvements and personal property from the described premises under this clause, and the restoration thereof, shall be an obligation of Licensee, and Licensee shall reimburse Licensor for the cost of same. 16. Licensee agrees that should any action whether real or *4*.W asserted at law or in equity arise out of the terms of this LiCEMSE AGREEHEYT PACE 7 \slake\bascbell.a9r /�G + FIELDI�'IG . DHFr+ E—:- IT I :L . 1 `_� 0- .'a� - Feb _l _5 hlo -Q0t. agreement whereby Licensee ' s operations on the described premises, venue for said action shall lie in Tarrant County, Texas . In any action brought by Licensor for the enforcement of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney ' s fees. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seal of office to duplicate originals on this day of 1992 . LICENSOR CITY OF SOUTHLAKE By: Curtis Hawk, City Manager ATTEST: City Secretary LICENSEE SOUTHLAKE BASEBALL ASSOCIATION By: President ATTEST: Notary Public ~' \slake\baseball.aflr LICENSE AGREEMENT PACE 8 \slake\bascbull.agr /O A City of Southlake,Texas M E M O R A N D U M February 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Rockhaven Church ------------------------------------------------------------- Attached please find a letter from the pastor of Rockhaven Church, Rev. Joe Bob McGinnis, requesting that the City Council amend the zoning ordinance to allow churches to be located in any zoning district by a specific use permit. The church has expressed interest in leasing space at 100 Bank Street, being legally described as Block B, Lot 2R, Southlake Bank Place. Currently, the zoning ordinance allows churches and their related activities as a permitted right in the "CS", Community Service District. They may also locate in certain residential districts by a specific use permit. Should the Council wish to entertain this request, it would necessitate amending Section 45, "Specific Use Permits" to allow churches in "ALL" districts . With Council' s direction, Staff may prepare the required noticing and then present the issue to the Planning and Zoning Commission for their recommendation. Please place this item on the March 3 City Council agenda for discussion. lln- KPG �lA - i Rockhaven Church CITY MANAGER 113 East Texas Street ��- �� 7- Grapevine, Texas 75061 February 28 , 1992 Dear Friends of the City Council , The members of Rockhaven Church request the City of Southlake to amend the city ordinance to enable special use permits to be granted allowing churches to meet in all zones. Thank you for your consideration of this request. Sincerely, J,/ oe Bob McGinnis Pastor JBM/kc Dr. Joe Bob McGinnis, Pastor Metro 481-6721 or(817) 283-2911 l 26R j 1.335 @ J TR ee TR 36 1.2 @ 328 6 3'Z Q • < TR361 . I :.e •= TK �s 5BT •otSg zR A L _ i L+R I 5 AC \39 K 1 •• - � L A� r sot oet� g6 D - 2 oD .5 CASTER i .58 AC SA'Al 6 � 1.6 AC 10 3 7 Z 3 1.36 AC < 55 A a 8 2 I O 4.26 AC 1.26 AC VINE R RAP PA GRP Gro: 5 I I 8A1 > 4R1 � I J K 6 r HA—3 SECTION 8 "CS" COMMUNITY SERVICE DISTRICT 8 . 1 PURPOSE AND INTENT - The "CS" Community Service District is designed to permit those institutional and related uses which are established in response to the educational, safety and welfare needs of the community. These uses are separated from others in the community due to their unique service and often very special area requirements. Their placement should not be arbitrary, but should be located to respond to the community needs. 8.2 PERMITTED USES a. public, semi-public and parochial/private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State, Department of Education. b. Higher education institutions: Junior and senior colleges, universities, conservatories and seminaries, offering curricula recognized by collegiate, academic and professional organization accrediting boards. C. Museums, libraries, fine arts centers, and similar cultural facilities sponsored, operated or maintained for the benefit of the general public. d. Golf courses (except commercially operated miniature golf courses and commercially operated golf driving ranges) on a site containing a total area of not less than forty (40) acres; parks, playgrounds, community centers and country clubs. e. Institutions, rehabilitation and training centers offering non-academic programs, when operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis. f. public safety facilities: Civil defense operational centers, police and fire stations and training facilities. g. Utility buildings and structures: power sub-stations, water tanks and reservoirs, water and sewage .treatment plants. h. Religious institutions: churches and facilities for worship, fellowship, and education. i. City halls or other municipal office uses. 8-2 IIA_4 SECTION 45 SPECIFIC USE PERMITS 45.1 GENERAL PROVISIONS - GENERAL PROVISIONS - The uses listed .in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480-D) : DISTRICT SPECIFIC USE WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2, C-1, C-2, C-3, C-4, HC, S-P-1, S-P-2, PUD 2 . Churches, synagogues, temples and other AG, RE, SF-1A, SF- similar facilities for worship, fellowship and 1B, SF-30, SF-20A, education, subject to the following conditions: SF-20B, MF-1, MF-2 a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, :etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. C. Children' s nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. 45-1 11 A-5 City of Southlake,Texas CITY MANAGER M E M O R A N D U M � ' � 15 - C�-� �- i February 28 , 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: County Reconstruction Program On Thursday, February 20, 1992, I met with Randy West, Construction Superintendent for Tarrant County. Mr. West schedules all of the road work that the County does for the neighboring cities. The City of Southlake requested from the County (see attachment) approximately 23, 200 (123 working days) linear feet of street reconstruction for the 1991-92 budget year. Mr. West informed (4w me that the County can only schedule approximately 6, 000 linear feet (30 works days) for this year (1991-92 budget year) . Given the above, then I would recommend that Peytonville be reconstructed from F.M. 1709 to Raven Bend and 750 feet south of F.M. 1709. Mr. West has scheduled the City of Southlake's work to start in July and end prior to school starting. The 750 feet section of south of Peytonville will be reconstructed first, then the section of Peytonville north of F.M. 1709. The section of Peytonville north of F.M. 1709 is to be paid by Arvida. The section of Peytonville south of 1709 is to be constructed by the County at a cost of approximately $17, 500. Since the County can only reconstruct the two sections of Peytonville this year and the north section is to be funded by Arvida, it would require the City to consider bidding the reconstruction of the other streets submitted to the County. These are: 1. East Continental from S. Carroll to S. Kimball, approx. 5, 000' long, 24' wide. 2 . Post Oak Trail, approx. 1,700' long, 27' wide. 3 . Cypress Creek, approx. 700' long, 27' wide. 4 . North Carroll Avenue from Dove to Burney, approx. 3 , 300' long, 24' wide. 5. Burney, from Carroll to Lonesome Dove, approx. 2 , 100' long, 24' wide. 6. Ridgecrest, approx. 4, 000' long, 24' wide. Council may also want to consider at this time the reconstruction of Post Oak Trail, Cypress Creek and Jellico Circle. To reconstruct all three roads by contract bidding (with 6" of cement stabilization and 2" of asphalt overlay) would cost approximately $103 , 000. (Post Oak Trail & Cypress Creek $45, 000; Jellico Circle $58, 000) If we add the cost of S. Peytonville to this total, all four streets would cost approximately $120, 500. All four streets would be funded from the Street Infrastructure Account. The budgeted amount in the 1991-92 Street Infrastructure Account is $101, 000. The difference between the cost of the four streets ($120, 500) and the budgeted amount ($101, 000) is $19,500. This amount could come out of the Perimeter Street Fund which has a balance of approximately $68, 000. The above scenario is a solution to solve a couple of our worst street conditions. Please place this item on the Council's agenda for their consideration and direction. me MHB/lc wpfileslmanaskornry 6 4.23 BUILDINGS § 4-25 l� Sec. 4-25. Construction advisory and appeals board. (a) Created; cvntpnsWOM There is hereby created a board to be known as tite cmistruction advisory and appeals board, consisting of seven (7) members as follows: (1) Interested citizen. (2) Master electrician or electrical contractor. (3) Master plumber or plumbing contractor. (4) Licensed mechanical (HVAC) contractor. (5) Home builder. (6) General contractor. (7) Licensed architect or engineer. (b) Nonvoting members. The following will serve as nonvoting ex officio members: (1) Fire marshal. (2) Representative from Texas Utilities. (3) Representative from Denton County Electric Cooperative. (4) Representative from Lone Star Gas. Supp. No. 3U 197 A/C - �' 6 4.25 CAKKOLLTON CODE S 4-25 (c) Scope and authority of board The board shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of building, electrical, plumbing and mechanical codes, and shall receive and file applications for electrical licenses and notify applicants of the time and place of electrical examinations and the results thereof. The board shall also hear and decide appeals or orders, decisions or determinations made by the fire marshal relative to the application and interpretation of the fire code. Appeals shall be taken within fifteen calendar days' time after the decision has been rendered by the, city official, by filing with that officer and the board a notice of appeal specifying the grounds thereof, accompanied by the required filing fee. A person ag- grieved by a decision of a board may present to a district court of Dallas County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. The suit shall be filed against the board as defendant and ,,. service of process may be made upon the board by serving the city secretary. (d) Appointment. Members of the board shall be appointed by the city council as qualified by City Charter. The chairman will be selected by the city council. (e) Terms. Members of the board shall serve at the pleasure of the city council for two (2) calendar years and until their succes- sors are appointed. (f) Meetings. The board will meet on the third Thursday of each month at 1:30 p.m. (g) Quorum. Four (4) members constitute a quorum. A concur- ring vote of four (4) members of the board shall be necessary to render a decision in favor of an appellant. (h) Secretary. The building official shall serve as the secretary of the board, but shall not be a member thereof. The secretary shall keep a record of the activities and actions of the board and its determinations, receive and file applications, notify the appli- cants of date and time of hearing and perform such other duties Supp. No. 30 198 4 4.25 BUILDINGS 6 4-26 as are consistent with or may be necessary for the enforcement of this chapter, as required by the board. (i) Electric•ccl licenses ciml registration. See Section 205 of the administrative procedures for the Carrollton Electrical Code. (Ord. No. 1274, 6 1, 6-3-86; Ord. No. 1439, § 4, 11-17-87; Ord. No. 1489, 1, 7-19-88) Editor's note—Prior to nrnendnrent by Ord. No. 1489, S 1, adopted July 19, 1988, b 4.25 pertnined to the building and fire codes board of appeals. Chnrter reference—Appointive officials, 6 2.09. Cross referenceq—Fence code, appeals, 6 4.91; mechanical code, 6 4.100 et seq.; plumbing code, 6 4.141 et seq.; electrical code. Cit. 6. Supp. No. 30 198.1 2.08 CARROLLTON c;c,t,i: S 2.10 See. 2.09. Appointive officials. ( 1) Qualifications. The council may appoint members of its boards and commissions, wlio shall be qualified voters of the City of Carrollton who have been residents of the State of Texas for at least one (1) year and residents of the city, or an area now within the corporate limits, for at least six (6) months; and hold no other public office except that of notary public or member of the na- tional guard or armed services; and not in arrears in the payment of any taxes or other liability due the city. (2) Removal. The council may, upon the affirmative vote of a niajority of the full membership of the council, remove members of its appointive boards and commissions without notice. If an appointive member Shall cease to possess any qualification or shall be convicted of a crime of choral turpitude, the office shall ininiediately become v scant. ( 3) Candidac.v fin- other office. if a member of an appointive board or commission shill announce leis/her candidacy, or shall in fact become a candidate in any general, special or primary election, for any off ice of profit or trust under the laws of this state or the United States, such announcement or such candidacy shall constitute an automatic resignation of the appointment, effective with the date of such announcement or candidacy. (4) Vacancies. Vacancies in the appointive boards and commis- sions may be filled for the unexpired Lorin at the discretion of the council. (Ord. No. 1:361, 4-7.87) Supp. No. 28 $ 1 . FEB 2 a 1992 OFFICE OFCrrX X� PETITION FOR THE SUBMISSION OF AN INITIATIVE N PROPOSED ORDINANCE) AND/OR REFERENDUM (REPEAL OF AN ADOPTED ORDINANCE) TO THE CITY OF SOUTHLAKE, TEXAS. THE ORDINANCES IN QUESTION ARE ORDINANCES 531, 5549 AND RESOLUTION 91-47 OF THE CITY OF SOUTHLAKE1 REQUESTING ITEMS THAT PERTAIN TO THE ESTABLISHMENT OF A DEPARTMENT OF PUBLIC SAFETY (DPS) TO BE CHANCED AND FOR THE ESTABLISHMENT AND MAINTENANCE OF SEPARATE FIRE AND POLICE DEPARTMENTS. We the undersigned, being qualified voters of the City of Southlake, Texas hereby petition to change the above ordinances and resolutions to be amended to the following language: The Southlake Fire Department shall be headed by Fire Chief, certified by the Texas Commission of Fire Protection Personnel Standards and Education or the proper successor to said Commission. The Fire Department and Fire Chief shall not be a part of nor subordinate to any other department or department head created by ordinance. The City Manager may not head the Fire Department and the Fire Chief may not head any other City Department. We, the undersigned, being qualified voters of the City of Southlake, Texas hereby support the above named ordinances to be amended by adding the following language : . The Police Department shall be headed by a Police Chief certified by the Texas Commission on Law Officer Standards and Education. The Police Department and Police Chief shall not be a part of nor subordinate to any other department or department created by any other ordinance. The City Manager may not head the Police Department and the Police Chief may not head any other City Department. Address for the Committee: Mike Totin 919-Emerald Blvd (817) 481-7000 i 5ra- OF ,)i1THLAKE , TEXAS , BEING OVER THE AGE OF TWENTY-ONE ( 21 ) , A REGISTERED '!0TER , AND RESIDENT OF SOUTHLAKE FOR MORE THAN TWELVE ( 12 ) PREVIOUS CONSECUTIVE MONTHS SEEK TO BE A PETITIONER FOR . THE SUBMISSION TO THE CF. Py OF SOUTHLAKE OF AN INITIATIVE OR REFERENDUM. v SANDRA L. LeGh,yND �jj�l�L•fti ,, Notary Public , .,,, ,. STATE OF TEXAS My Comm Exp.02/04,'4- ''!"TARY OF THE STATE OF TEXAS ° 'OpO�' �•y w 7 I , SHARON WILSON of 1 107 E . Clove Rd . , Southlake , Texas , being over the age of twenty-one (21 ), a registered voter , and resident of Southlake for more than twelve ( 12 ) previous consecutive months seek to be a petitioner for the submission to the City of Southlake of an initiative or referendum . SHARON WI LSON __z Notary of the State of Texas s.•`' CAR0L"OOSSETf f Notary Public,State of Te*19 Mi Ctimmfsslon Expires 05-1&:092 cp00000000000000000cx�00000C�eS •.. 11, DON WILSON of 1107 E . Dove Rd_, Southlake , Texas , being over the age of twenty-one (21 ), a registered voter , and resident of Southlake for more than twelve ( 12 ) previous consecutive months seek to be a petitioner for the submission to the City of Southlake of an initiative or referendum . f DON WILSON Notary of the State of Texas CCOOMCCOO OOOID 000000rx r,awoo $$ �.••"'�. CAROLYN OOSSM f®� Notary Public, State o1 Texas •o•" My Commission Expires 05-13-199t 0000000000c0000000GO000000000ro r SOUTHLAKE , TEXAS , N - } , A REGISTERED VOTER , AND RESIDENT OF SOUTHLAKE FOR MORE THAN TWELVE ( 12 ) PREVIOUS CONSECUTIVE MONTHS SEEK TO BE A PETITIONER FOR THE SUBMISSION TO THE CITY OF SOUTHLAKE OF AN INITIATIVE OR REFERENDUM. ,. k. iVrary Public ` t E QF T AS STA7 i X NOTARY OF THE STATE OF TEXAS I , RICHARD A . ALLEN of 1613 Mockinabird Lane, Southlake , Texas , being over the age of twenty-one (21 ), a registered voter , and resident of Southlake for more than twelve ( 12 ) previous consecutive months seek to be a petitioner for the submission to the City of Southlake of an initiative or refere �t RICHARD A LL�N _ .M1 fPAi^.r.fbC'y�S3� �604' attic r My Gt�rnrri.E4p.U,^./1A193 �ppa►pOi►4v/ii0'i� Notary of the State of Texas Page is too large to OCR.