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1992-05-19 CC PACKET ' City of Southlake,Texas M E M O R A N D U M May 15, 1992 i i TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager i 1 SUBJECT: Agenda Item Comments and Other Items of Interest j City Council Meeting, 5/19/1992 1. Agenda Item No 3B Bid Opening for $1 300 000 Certificate of Obligation. The bids must be publicly opened and read in the Council Chambers at 7:30 p.m. 2 . Agenda Item No 4 . City Manager's Report. The Departmental Reports are in your packet. Let me or the Directors know if you have any questions. 3 . Agenda Item No 5A Award of bid for sewer line at Bicentennial Park. We bid the project with an alternative bid, to include the force main to be installed by the developer of Crossroads Square, because we anticipated getting a better bid than if we bid our project separately. The item is listed on the agenda so that the bid award is contingent upon the developer paying the City for the cost of the force main prior to the City issuing a "notice to proceed" to the contractor. I 4 . Agenda Item No 5B Award of Bid for Repairs to Front End Loader. Although we received only one bid, the bid is within budget. The bidder, DFW Equipment Services, has performed well for us in the past. We are in need of the repairs and recommend Council award the bid. 5. Agenda item No 5C. Baseball Summer Camp. This program has been recommended by the Park and Recreation Board. It is anticipated that the camp will be well attended. 6. Agenda Item No 5D Abandonment of drainage easement. Note in memo from Greg Last, City Planner, that a new drainage Channel will be installed with appropriate easement dedication prior to filing the abandonment. 7. Agenda Item No 5E Interlocal Agreement with Tarrant County for Peytonville Road Reconstruction. The County requires the interlocal agreement prior to commencing the work. 8. Agenda Item No 7A Ordinance No 480-F. Second Reading, revising Section 45 to permit churches, etc. , in all zoning districts with a specific use permit. Note that the three-year limitation of the SUP has been deleted at City Council approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 15, 1992 Page 2 9. Agenda Item No 7B Ordinance No 565. Second Reading, Southwestern Bell Telecommications Agreement. Note the memo attached hereto from Analeslie Muncy, City Attorney, outlining the changes since the first reading. Note there are two items that have not been agreed to as of this writing: the use of the word "solely" as it relates to injury cause by negligence (Section 10, line 6; page 7b-19 in your packet) of the telephone company; the "Performance in Tarrant County" clause (Section 17 (c) ; pg. 7g-29 in your packet) . From our perspective, the phone company's insistence on the use of "solely" would effectively remove them from any responsibility. The phone company understandably would like all disputes to be settled in Dallas County. The reality is that it will cost the City more to resolve a dispute in Dallas County. 10. Agenda Item No 7C Award Bid for sale of $1, 300, 000 Certificates of Obligation. The City will award the bid for the sale of the C.O.s, opened and read publicly at agenda item No. 3B. Following this Council will act on Ordinance No. 564 , 2nd reading, concerning issuance of the C.O.s. Boyd London with First Southwest, the City's financial advisor, will be at the meeting to direct the required proceedings. 11. Agenda Item No 7D Ordinance No 562 2nd Reading. Traffic Control and Regulatory Sign Placement Ordinance. This item was approved 7-0 on first reading. No questions have been raised since last meeting. The ordinance places responsibility for sign placement and traffic control devices with the Director of Public Works, rather than the Chief of Police. 12 . Agenda Items No. 8A and 8B are succinctly outlined in the memos from Karen Gandy, Zoning Administrator. Please let Karen or I know if you have any questions. 13 . Agenda Items Nos 8C and 8D. Timarron. At this writing we have not received any additional information. Please bring the materials previously disseminated. Let staff know if you have need for additional copies. 14 . Agenda Items No 8E Ordinance No 561 1st Reading. Administrative Search Warrants. Director Campbell has talked with Councilmembers Franks and O'Brien concerning their questions and concerns. For a number of reasons, staff requests that City Council consider this item at this time. One of our immediate concerns deals with our code enforcement efforts in various sections of the community. Some of the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 15, 1992 Page 3 issues involve legal questions which will be addressed by our attorneys in executive session. 15. Agenda Item No 9A Resolution No. 92-18 (ZA 92-14) SUP for satellite dish. At some point in the future, staff would like City Council input on the process we require to be followed in order to install a satellite dish. This procedure will likely be reoccurring frequently on the City Council agenda. You may want to consider a process that allows it to be resolved at staff or P&Z level. 16. Agenda Item No 10A Proposed road projects. Staff requests that City Council consider adding Trail Creek and Jellico Estates Subdivision streets to our FY 91-92 road projects. We will discuss in detail Tuesday night. 17. Agenda Item No 10B Interlocal Agreement between City of Southlake and City of Keller for water line installation. This agreement will enable Keller to extend water service to an area where service is otherwise unavailable at this time. There will be no direct cost to the City of Southlake. This item is on the Keller agenda for Tuesday night. Keller has issued a contract and is ready to begin construction. We can ascertain no reason to delay their project. If City Council has questions that can be satisfactory answered prior to Tuesday night, this item can be moved to the consent agenda. OTHER ITEMS OF INTEREST 18. Bond Rating. Standard and Poor's has upgraded our bond rating from BBB+ to A- as of yesterday. Moody's has not changed our Baa rating. This speaks well for the rating of Southlake. FYI, sometime in September or October, prior to the November issuance of the first $1. 5 million in street bonds, the Mayor, Finance Director, and I will probably need to go to New York with our financial advisor to arrange the sale. 19. Note the claim for damages submitted by the Downards received late this afternoon. We will discuss Tuesday night in Executive Session. 20. Attached hereto is the budget calendar for our 1992-93 budget process. The dates are not necessarily locked down, depending upon circumstances; however, we will try to adhere as closely as possible. Note the Key dates involving the City Council beginning with the June 4-5 retreat. • w Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 15, 1992 Page 4 21. Petition by Richard Allen. The petitioners did not respond to the City Secretary's certificate of insufficiency within required time frame, thus the petition is a "dead issue. " 22. Paul Ward of Abilene has been selected as the new building inspector. He will begin work Monday, May 18. He is a master electrician and brings to us much needed knowledge and experience. FYI, prior to being introduced to Mr. Ward on the day of his interview, I had not met him. He was not employed by the City of Abilene during my tenure there. 23 . FYI, in reviewing the P&Z packet this evening I noticed that Timarron has requested that the plats (Golf Course and residential) scheduled on the Thursday, May 21, P&Z agenda, be tabled until Thursday, June 18th. ev - CEH/k liEldo RAFDUX TO: The Honorable Mayor and Members of the City Council FROM: Analeslie Muncy DATE: May 15, 1992 RE: Southwestern Bell Ordinance Attached is the latest draft company an ordinance topea theorizing om Southwestern Bell Telephone Pant ts telecommunications system in the City of Southlake. Since the passage on first reading, changes to the ordinance have been made as a result of discussions with the Telephone company. bei All the changes are indicated on your copy. with new languaQ and deleted language being enclosed in brackets and struck through. The changes are as follows: (1) page 1: Deleted two words in the caption that were superfluous. (2) Page 4: Deleted the word "separate." The Telephone r. company believes the word could constitute an admission on theiit r part that this ordinance is a franchise . ntoh Chapter X of ,the is a franchise by its reference on p ge 2 Southlake City Charter, is he f a chic"franchise. "chapter,, but the company is resisting the use of (3) Page 6; Change in the reference in Paragraph (0) to conform to defined terms. (4) Pages 10 & 11: The primary change to Paragraph (b) is to change an open ended warrantyThe other wording hanger yarer fo the repairs to street excavations. the purpose of making the paragraph e is at the request of themore reable after company andwarranty language. Thisg and appears reasonable. de (5) Pages 17 & 21: Grammatical the liststinns wereparagraph (a}eon corporate franchise tax was added to 21. page 17 and Paragraph (9) on page (6) page 17: The amount of $10,800-00 was added as the first annual payment. (,y page 18: "At the time at the enactment of this ordinance" was deleted from Paragraph (b) . This change was requested by the Company and will not affect the amount of revenue received by the City. It will only affect how the charge is FIELDING, BARRETT TEL: may 1017L 1V •Jt 1`IU .UV1 r .VJ collected. (8) Page 20: "And the Sales Tax remittance amounts" was deleted from Pe) but by revenues. If the City )MOWS he ny does not keep its records by remittance, revenues it can calculate the tax amount. (9) Page 21: The changes to the last part of Paragraph (g) are to Clarify the Tele hone Company for offset the then fees,City be the forced to charge P (10) Pages 21 & 22: It is the Telephone Company's position that the City should not receive an increase in its base charge unless another city is annexed which had previously been paying a charge. If unincorporated areas are annexed, the City will receive an increase as a result of the increase in sales tax revenues from the new area. For unincorporated areas, the Teleph This change CoMpanY eliminates would n an it havencrease in the base charge when unincorporated areas are annexed. ve (11) Page 2 • • if it complies with thion 16 was added to si ordinance the linhthe Company assurance that the Cit will not create new or use of the City's right-of-way, Y different regulations for it to follow Without would repeal amending this ordinance. The Telephone Company wanted language everything in conflict with this ordinance; therefore, section 16 was a compromise. There are two areas in which the Telephone Company raised issues which could not be eed. The first is the indemnity company wants to insert he word section on page 16. The Telephone This would have the "solely" after the word "caused" on line 6. effect of protecting the City only when an injury is caused solely is by the Telephone Company's negligence and not wothner citi an es have caused at least partialslVension, but it some other cannot be recommended. agreed to the Company The second unresolved issue is Section 17 (e) on page 26. The City's version would result disputes Cvmpany being drlike Ball in disputessP es Tarrant County Courts. The resolved in Dallas County. ALM/ds slake\swb.mml -2- D� May 15, 1992 MAY 151992 OFFIC£ OF Mrs. Sandra LeGrand CITY SECRETAR City Secretary, Southlake Texas Dear Mrs. LeGrand: Pursuant to the City Charter, we are submitting a claim for damage to our property located at 1255 Randol Mill Avenue, Southlake Texas, We have lived at this address more than 6 months. We are claiming compensation for damage occuring from late December, 1991, continuing to May of this year, 1992. This damage was caused by the, City's failure to correct drainage problems now escalated by the paving of Fawks Lane and failure to complete a project started by the County of Tarrant prior to our annexation. The County had agreed to, and started, a sloped drain to the south. While this drainage problem has decreased the value of 3 acres, this claim is specifically for, 1. Loss of access to our barn and movement of livestock to market at appropiate times. 2. Lost use of our Chicken House and Pen. 3. Damage to the function of field lines of our septic system. 4. Damage to and loss of hay and feed caused by pooling of water around barn. 5. Damage to cross fences. 6. Cost of diverting the excess water from strategic areas. Ammount of claim - $2, 680. 00 Witnesses Doris Downard Sally Hall Wayne Judge Robert Downard Curtis Hawk Mike Barnes Maxine Beam Documentation - Before and after photos, Checks to County of Tarrant and Richard Couch, U. S. Geological Survey Colleyville Topo Map, U. S. Geological Survey Aerial photos 1954 and 1964. SANDRA L.LeGRAND l Notary Publk STATE OF TEXAS -F Clti.1.ACSt1� Doris Downard " ''eq Robert W. Downard Notary Public in an for Tarrant County, Tx . � .tf z0'c�m J?v /'viva 0-96& �� !.�-rt�� e1 n��['�2LGC/✓�Q%�GL�� G �,.�../�''.�a�fc�.G�e!f(� /mac i �� Awe 2 'i'd�l ffcAl?yl, d&2=�zz� G� cePQ ` �� rL f'LGZQ1izec�i �.cp ��.�irz 62 l .00 2-1 rl t'`''tifL JL:.,I1.Q� • �(,,•►' iC�zon� �Cciaa�.��71 .�t2,Q_e�ceJiU2�t�J .�a�iv.�:(�vndm� G' �.viZc:� �2C��ecwn� Gu�iaL%� � �LUvi y5�crl�/l�a2�i .c��tfi (�Cl�ua Gc�lt-�h deed�no& 2ctli�r;upr.�z, -- yi7�2�CGd-,c�� j GL6✓tJ'LB-fPJ.gLp��Q �aiCGf�cE.c�7 . �7� T _�C�ne¢� Cv'zZ Lli�2d?.tl ulcd/lerl, 4?�� u �,,, City of Southlake,Texas 5/13/92 1992-93 BUDGET CALENDAR DATE ACTION DATE ACTION April 7 Mid—Year 1991-92Budget Review July 31 City Manager Budget Filed April 14 Budget Kick—off August 1 Publish Effective Tax Rate Distribute forms,discuss calendar and Budget Manual August 4 Regular Council Meeting Present City Manager's Proposed 1992-93 Budget May 15 Receive Preliminary Values from TAD Report Effective Tax Rate,Anticipated Collection Rate,Excess Debt Tax Collections to City Council May 25 Memorial Day Holiday June 4-5 June Retreat August 11,13 Budget Work Sessions June 8 Submit completed original forms to Finance August 12 Budget Work Session Propose a Tax Rate June 15—17 Budget Team Review of Departmental Budgets June 15 8:30-9:30 Finance 1:00-5:00 Public Safety June 16 8:30-9:30 City Secretary/Council 1:00-5:00 Public Works Jane 17 8:30-9:30 Municipal Court 9:30-10:30 City Manager's Office August 18 Regular Council Meeting 1:00-2:00 Community Development(P&Z) First Public Hearing on 1992-93 Budget 2:00-3:30 Water/Wastewater/Sanitation First Reading 1992-93 Budget 3:30-5:00 Capital Projects First Reading 1991-92 Budget Revision July 3 Independence Day Holiday(Observed) July 6-8 Budget Team Revision of Departmental Budgets July 6 8:30-9-30 Finance 1:00-5:00 Public Safety July 7 8:30-9-30 City Secretary/Council September 1 Regular Council Meeting 1:00-5:00 Public Works Second Public Hearing on 1992-93 Budget July 8 8:30-9-30 Municipal Court Second Reading to Adopt 1992-93 Budget 9:30-10:30 City Manager's Office Adopt 1992-93 Tax Rate 1:00-2:00 Community Development(P&Z) Second Reading 1991-92 Budget Revision 2:00-3:30 Water/Wastewater/Sanitation 3:30-5:00 Capital Projects September 7 Labor Day Holiday July 25 Receive Certified Appraisal Roll from October 1 New Budget Begins Tarrant Appraisal District July 28 Budget Work Session M A Y - 1 9 - 9 2 T U E 16 : 0 4 P 0 2 ` S _. CONTRACT STATE OF TEXAS S S KNOW ALL MEN S BY THESE PRESENTS: COUNTY OF TARRANT S That JAMES SULLIVAN, JR. , JAMES SULLIVAN, SR. , and ELIZABETH BRISTER, known hereinafter collectively as ( "the Sullivans " ) and the City of Southlake, Tarrant County, Texas, known hereinafter as ( "the City" ) desiring to formalize and confirm their agreement and the consideration therefor, '. hereby state: The tracts of land related to this agreement are: 1) that one tract owned by JAMES SULLIVAN, JR. and described more particularly on Exhibit "A"; 2) that one tract owned by ELIZABETH BRISTER and described more particularly on Exhibit "B" ; 3) that one tract owned by JAMES SULLIVAN, SR. and described more particularly on Exhibit "C" . 1 ) , 2 ) , and 3 ) being generally portrayed on a scale drawing attached hereto and marked Exhibit "D" . The City desires to purchase certain additional right- of-way from JAMES SULLIVAN, JR. in connection with the realignment of North Peytonville Road and JAMES SULLIVAN, JR. desires to sell same to the City and, also the Sullivans desire to resolve several controversies and contentions that have arisen between the Sullivans and the City, In Consideration for this sale, the City agrees to pay $1 .44 per square foot for all property transferred to it at - this time and, The City further agrees that for a period of fire (5) years from the date of this agreement or for such time in excess of five ( 5 ) years as this agreement may be extended = pursuant to the terms herein, that if the City should revise its development regulations applicable to the Sullivan tracts so that a building permit cannot be issued for the construction of a single family residence on any one of the Sullivan tracts, the City will urchase the affected tract, whether one or more, It is understood and e , however, be required to purchase any tract, whether one or more, which is undevelopable because of the conveyance of all or a portion of said tracts by the Sullivans among themselves or because of other actions taken by the Sullivans among themselves which prevent the development of the property under the City's development regulations . Fair market value -MAY - 19 - 92 TUE 16 : 65 will be determined the use of a M.Y.A. appraisal. by PP The Sullivans understand and agree that in order to obtain a building permit, the owner of any particular tract will be required to make a good faith application to the City to obtain proper zoning, platting and necessary variances, including (possibly) variances for septic field approval. If, after making such good faith applications , a building permit cannot be obtained for the construction of a single family residence, the City will purchase the affected tract, the price being not less than fair market value at the time of the transaction. if a good faith application to obtain proper zoning, platting, or necessary variances is pending at the end of the five ( 5) year term of this agreement, this agreement is automatically extended without any further formality until the said applications are no longer pending. The City agrees not to unreasonably delay any application for zoning, platting, or variance, and to fairly consider same. The City further agrees that if additional right-of-way is needed for North Peytonville Road along any of the Sullivan tracts lying East of the James Sullivan, Jr. tract, the City wi a im iss ihan : The obligations and benefits of this contract shall inure to and bind each of the parties and their successors, heirs , beneficiaries and assigns , provided however, that should the Sullivans voluntarily transfer their interest to a non-party to this agreement who is also not a personal representative, heir, or beneficiary, the City will have no obligation to purchase the property should a building permit not be issued. The right to make the City purchase any of the Sullivan tracts is personal to each of the Sullivans and is non-assignable without modifying this contract. - Should the City be required as provided herein to purchase any of the Sullivan tracts, the City shall complete such purchase within 120 days of becoming so liable. In the case of such a sale-and purchase, the Sullivans shall be obligated to furnish good and marketable title, free and clear of any liens or encumbrances other than those created by the City of Southlake. This agreement constitutes the entire agreement between the parties and there are no oral agreements or other written agreements documenting this transaction . This agreement may only be modified in writing, the said modification to be signed by all parties to which the modification relates. - - �MAY '- 1 9 - 92 'TUE 1 6 06 P 04 This agreement is performable in Tarrant County, Texas and shall be governed by Texas law. Venue of any suit arising out of this agreement shall lie in Tarrant County, Texas. Should any part or portion of this agreement be found to be invalid, illegal , or nshall be binding to the extent able of performance, the remainder of this agreement that it does not conflict with the portion so invalidated. SO APPROVED AND AGREEDs James W.-Sullivan, Jr. James W. Sullivan, Sr. Elizabeth Brister City of Southlake By: ,Curtis E. Hawk, Authorized Agent and City Manager P _ 05 M A Y- 1 9 - 9 2 -rum 1 b : 0 6 STATE OF TEXAS } COUNTY OF TARRANT BEFORE ME , the undersigned authority, on this day personally appeared JAMES SULLIVAN ibJ I known to f orego ing Me to be the person whose name is subscrd instrument, and who being duly sworn, on oath, acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2 . NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS COUNTY OF TARRANT ) BEFORE ME , the undersigned authority, on this day personally appeared JAMES SULLIVAN, SR. , known to me to b the person whose name is subscribed to the foregoing to me that he executed being and who they samen on for the purposes Band to me consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF,OFFgI2 E, this the day of NOTARY PUBLIC, STATE OF TEXAS r+ STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE ME , the undersigned authority, on this day personally appeared ELIZABETH BRISTER, known to me to be the person whose name is subscribed to the foregoing instrument, ed to me that he executed ho thelsame ofor the pur on posesoanddconsideration he therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1992. NOTARY PUBLIC, STATE OF TEXAS MAY - 1 9 -.92 TUE IS 0T P - 0G f STATE OF TEXAS COUNTY OF TARRANT BEFORE ME , the undersigned authority, on this day personally appeared CURTIS E. HAWK on behalf of the City of Southlake , known to me to be the person whose name is subscribed to the foregoing instrument, and who being duly sworn, on oath, acknowledged to me that he executed the same for the purposes and consideration therein expressed, and further that he was authorised by the said City to execute this instrument. GIVEN UNDER NY HAND AND SEAL OF OFFICE, this the • day of , 1992. NOTARY PUBLIC, STATE OF TEXAS City of Southlake,Texas MONTHLY DEPARTMENT REPORTS March 1992 ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A PARKS & RECREATION . . . . . . . . . . . . . . . . . . 4B STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4C WATER/WASTERWATER 4D BUILDING 4E PUBLIC SAFETY . . . . . . 4F MUNICIPAL COURT . . . . . . . . . . . . . . . . . . . . . 4G FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4H COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . 4I f City of Southlake.Texas CITY MANAGER- ) PLANNING AND ZONING DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 30 APRIL 1992 ZONING ; 300.00 NO. OF CASES = (3) _ PLATTING 16,360.00 NO. OF CASES (2) SITE PLANS .00 NO. OF CASES SPECIFIC USE PERMITS 200.00 NO. OF CASES (2) BOARD OF ADJUSTMENT 50.00 NO. OF CASES (1) MISCELLANEOUS INCOME 97 .50 NO. OF RECEIPTS (9) I TOTAL REVENUE $ 17,007 .50 TOTAL NO. OF RECEIPTS (17) Q.�l � oc NLLI}(7% OO O O Z 'J UQ>_ rlcM v CC LLJ N} I CD CD O O cn 1-.4ON NLc; O O O F—ti V M �- Q U W W W LAJ>- Z Z N O O O O O —LLIQQO 00 O O 01JQ7JF— `OV M LLJ CD Y U W W S CD CD CD CD W O N p Oi N C O Cl O O 1—Cr= 0% Z Z o-0 •--� OUW a% NW4SCD ON O N `O LL' .--r CT¢7 h-F- n W CD V-4 U_ CJ CD CL' �QZ Q CD U Cr S O O O 00 Q O N O J f N ►--�►4 O CN CDCD CD O W W O N CD cn Z 00 O O H erg to Ln N LU Z r+ N M � �� 3 O Ncm C3 4- Q J JinJJ s- W N_Q U_ I— IL U_ IL J C C'J Z -i J J O W W Q ►-i ¢ QQ O 1-- J City of Southlake,Texas CITY MANAGER M E M O R A N D U M May 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works ISUBJECT: Street Department Monthly Report - April, 1992. ------------------------------------------------------------- The enclosed report details the Street Department activities for the month of April, 1992. This report is to be included in the City Council packets for their May 19, 1992 meeting. A 0 MHB/ck City of Southlake,Texas MEMORANDUM May 10, 1992 TO: Michael H. Barnes, Director of Public Works FROM: Ron Morain, Streets Supervisor SUBJECT: Monthly Report for Street Department IApril, 1992. ---------------------------------------------------------- Description April March 1. Tons of asphalt used a. Ultimate Petroleum Mix 0 0 b. Hot Mix Asphalt 0 0 c. Cold Mix Asphalt 500 500 2. Lane Miles of Road Repaired 126 158 3. Number of Street Signs Repaired or Replaced (all types) 46 37 4. Feet of Ditch Line Cleaned and shaped 600 600 5. Number of Vehicles Repaired 2 1 a. Engine replaced on substructure of Gradall b. Power steering pump replaced on Gradall c. Steering drive link replaced on Gradall d. Radiator replaced on Grader Four hundred ton of cold lay asphalt was used to blade lay surface on East continental, Brumlow and Burney Lane for level up of deteriorated sections. RM/cbk City of Southlake,Texas CITY" MEMORANDUM 1S-Iz May 10,1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works ISUBJECT: slater Department Monthly Report - April, 1992. ------------------------------------------------------------ The enclosed report details the Water Department activities for the month of April, 1992. This report is to be included in the City Council packets for their May 19, 1992 meeting. MHB/ck I UTILITY DEPARTMENT REPORT MONTH April 1992 MAR. APR. GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 25,588,000 33,827,000 TOTAL PUMPED AND PURCHASED 25,588,000 33,827,000 WATER METERS SET 39 32 NEW WATER TAPS MADE 13 5 VALVES REPAIRED 0 3 VALVES TESTED 14 10 FIRE HYDRANTS INSTALLED 0 0 FIRE HYDRANTS REPAIRED 1 0 FIRE HYDRANTS FLUSHED 15 5 DEAD END WATER MAINS FLUSHED 0 36 WATER MAINS REPAIRED 3 5 WATER METERS AND SERVICE LINE REPAIRED 2 9 NEW ACCOUNTS 43 43 FINAL ACCOUNTS 40 40 LOCKED METER FOR DELINQUENT PAYMENT 8 7 PULLED METERS 1 2 METERS REPLACED 51 27 MISCELANEOUS WORK ORDERS 57 77 SEWER LIFT STATIONS CHECKED (2 L.S. ) 44 42 REQUIRED MONTHLY SEWAGE TESTS 16 7 SEWER PLANT MAINTENANCE (BANK & DOVE) 48 48 SEWER MANHOLES INSPECTED 22 6 MISCELLANEOUS PROJECTS 1 1 63 Man Hours Laving 1 1/211 water line on T.W. 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N . � CITY OF SOL T H AIKE General Fund and Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended April 30,1992 with Comparative Actual amounts for the period ended April 30,1991 To Date Percent To Date Actual Percent 1991-92 Actual Collected/ Actual Total Collected/ REVENUES Budget 4/30/92 Expended 4/30/91 9 0 1 ftended Ad Valorem Taxes $2,738,380 $2,579,089 94.2% $2,262,275 $2,437,704 92.8% Sales Tax 475,000 225,539 47.5% 212,211 448,149 47.4% Franchise Fees 265,500 217,583 82.0% 203,797 255,643 79.7% Fines 285,000 132,285 46.4% 111,372 233,650 47.7% Charges for Services 41,000 25,392 61.9% 13,419 36,980 36.3% Permits/Fees 404,500 384,229 95.0% 339,039 557,685 60.8% Miscellaneous 5,240 15,318 2923% 15,793 35,392 44.6% Transfer In-Other Funds 188,896 29,451 15.6% 84,335 159,446 52.9% Interest Income 62,600 38,851 62.1% 31,115 76,877 40.5% Total Revenues $4,466,116 $3,647,737 81.7% $3,273,346 $4,241,526 77.2% EXPENDITURES City Secretary $122,310 $63,136 51.6% $72,047 $131,102 55.0% City Manager 120,464 78,285 65.0% 68,143 136,854 49.8% Support Services 409,520 233,024 56.9% 201,134 538,946 37.3% Finance 196,883 123,476 62.7% 114,923 170,568 67.4% Municipal Court 140,438 89,972 64.1% 67,280 119,320 56.4% Fire 556,945 259,497 46.6% 283,022 487,106 58.1% Police 836,025 441,483 52.8% 460,411 813,599 56.6% Public Safety Support 313,940 201,219 64.1% 103,380 257,723 40.1% Building 124,230 72,861 58.7% 56,093 97,133 57.7% Planning and Zoning 126,044 86,475 68.6% 81,174 148,184 54.8% Streets/Drainage 597,178 243,983 40.9% 274,771 649,128 42.3% Parks 90,385 38,174 42.2% 39,474 110,146 35.8% Public Works Administration 58,915 41,024 69.6% 41,439 75,179 55.1% Debt Service-General Obligation Bonds 771,185 343,936 44.6% 396,642 493,444 80.4% Note Payable 38,500 0 0.0% 0 0 0.0% Total Expenditures $4,502,962 $2,316,545 51.4% $2,259,933 $4,228,432 53.4% Excess (deficiency)of Revenue over Expenditures ($36,846)$1,331,192 $1,013,413 $13,094 OTHER FINANCING SOURCES AND(USES) Reserve-Infrastructure $0 $0 ($370,000) ($376,288) Loan Proceeds 107,775 0 0 0 C.O.Proceeds 0 0 0 200,000 Excess (deficiency)of Revenues and other sources over Expenditures $70,929 $1331,192 643 413 jaQ194) FUND BALANCE OCT 1 $988,224 $988,224 $1,151,418 $1,151,418 ENDING FUND BALANCE L1.059.15 $2.319,416 $1,794,831 $988,224 N P C\0 O N • W W C7 r 6 < a c r z cc d W W in 0MON�O.p N 00 ISO NOP I�0000 Y1000000 00 O 0000 r NU OCD V1M O f-.00.O N tt C00 MOB t000011P00000 .00 O t000 d 6J —NOOO O—POt— V1 U4 0 MOCO 0�1 t0 U01 V%W.0%Uf�1 M t N 000 PNa0 U1 OV00 OONOV100N MOO OPNf^MN^P-�O•t r' _V, O tM•n Ln W t01n P V1 N N PO •OOlO tt�� Cr 2m t .O 1 P N1OSOZ MB N MOr'r N � Wtal U100000000•n 00 00 000 O 0000 00 00 O 0000 r P O O O O O O O O P 0 0 O O O O O O 0 0 Cl 0 O O O O O O O O O 2 •0000000•n 0^ 00 00 000 O 0000 C 1N 1I'10 OY10.0 W ^O O N' N HMO^ ^> MOtn V100�n Na0P NU1 N� O Ln N rW ttCO fit MCO ti NN ^ t N U)CC 1�� t W N W # 0 PI�Nt —CoNCO tt P .O N.O CO n NPt .O.O tw N CO NCO cm xY PM # Co N �PPN NN Nti rnMttN < \M # O # J M CO W r\N I.- cc t < O o r W O O 7 cc r ui ZS cc O M O Z < c.U%ZZO W O•In NIA 000Lno 0000 t0 O •0000 WpJ # < P4P.: COO• tM tt N .O p.•O UI UI N LA'o i NO O O OCO NC; U.CICS< # O PPI�M t0 NCO CO eu N 1O O. 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W CDr-» 0 Z I-- In 0.2 �NM.t In.O I-COP W< (M M.t In I-COP W W N W< I=i u p 2 03 p y p(l IL CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT APRIL 30, 1992 THIS LAST YEAR MONTH THIS MONTH ACCOUNTS BILLED: WATER $134,155.84 $161 ,600.76 SEWER 15,313.08 8,028.47 GARBAGE 18,192.23 16,164.64 SALES TAX 1,322.99 1,176.87 RECYCLE 4,358.48 0.00 OTHER 1,992.04 2,536.86 TOTAL $175,334.66 $189,507.60 NUMBER OF CUSTOMERS: WATER 2,523 2,247 SEWER 494 260 GARBAGE 2,584 2,300 RECYCLE 2,408 0 TOTAL ACCOUNTS BILLED 2,781 2,472 CONSUMPTION BILLED (IN 000'S): WATER 25,270 36,223 NEW CUSTOMERS 39 51 AMOUNTS COLLECTED DURING MONTH $162,970.75 $151,757.09 FINAL BILLINGS 41 51 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1991-92 collected budget balance budget to date balance percent 475 000 $283,082 $191,918 40.40% FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL YEAR YEAR. %Inc YEAR %Inc YEAR %Inc YEAR % Inc YEAR %Inc MONTH 86/87 87/88 Dec 88/89 : Dec 89/90 Dec 90/91 Dec 91/92 Dec October $25,135 $35,715 42.1% $27,970 -21.7% $37,776 35.1% $44,081 16.7% 46 731.' 6.0% November 19,304 22,047 17.3% 15,428 -31.9% 24,573 593% 37,117. 51.0% 27,929 -24.8% December 13 717 16,323; 19.0% 17,830 9.2% 21,052: 18.1% 28 464,' 35.2% 33,273 16.9% January 22,119 32,703 47.9% 26,756 -18.2% 34,463 28.8% 47106`. 36.7% 40.12 -15.1% February 11,800 13,163 11.6% 15,894' 20.7% 25,504 61.0% 22,487. -12.1% 40,106: 78.4% March 10,920 9,325 -14.6% 14,778' 58.5% 30,657 107.5% 32 955 7.5% 37,488 13.8% April 37,129 37,845'' 1.9% 48,635' 28.5% 37,201, -23.5% 41,445 11.4% 57,543` 38.8% May 13,719 15,510' 13.1% 27,824: 79.4% 31,501. 13.2% 36,627 16.3% June 12,613 22,195 76.0% 14,051> 8.4% 37,447 55.7% 37,8941 1.2% July 26,837 32,159' 19.8% 38,630 20.1% 51,374' 33.0% 477017' -8.5% i August 21,881 24J75 10.5% 22,699 -6.1% 31,969 40.8% 35,951 12.5% September 18,066 19,141 6.0010 3 63.0% 32�499' 4.20/v 37004' 13.9% TOTAL $233,240 J,MG,9f31: 20.4% $311,699 11.0% $396,106 27.1% $448,148 13.1% $283,082 11.6% • xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx - - --p -pOOOIwNa►NOON�TOO.+�OO��OSOOI�•000Ow0.+410M - C ppM.•.+ATM•. . . . .MO•r.. .Of�W TAM ON tO . . . . t yNTMONMIOQM/ .+ •+�TMOIl1�ONMQ�1'O.+QNV�t•►OI�NM _ I� •V IAA .•.+ - Q 1'+ '+�+ �'+ 1 t 1�•N.y�'yN t O _ - . 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CLOSED OPEN MAR92 FEB92 MAR92 FEB92 1992 1992 1992 Streets & 39 28 20 33 119 80 39 Drainage Code 22 35 29 11 118 75 43 Enforcement Water & 0 1 0 1 3 3 0 Wastewater * YTD totals for 1992 Calendar Year 1 W V 1 Q V I RJ V I r • V I Z V I Z V I A V p 1 tV aN l aN l �+aN l Z�+aN l ZaN l SaN l +N A MYI ti 1 C\ I I O\ 1 1 �+\ 1 1 r1\ I I \1 O W\ 1 y 0 0 1 tic I N O 1 x Z N O I y r 0 1 y r 0 1 r 0 Z y r W a 1 OIIwob to a+ 1 mA.Ab to++ 1 A\ 1 1 to 1 r\ 1 1 OIA\1 I y\t 1 \ 1 1 x"I �ryy11 �•1\ 1 W,-,.Oct W N 00 O 1 O N O 1 ==N O 1 ONO 1 �N o 1 •N 0 m y N 1 H o f Y o 1 of oe O 1 -e o 1 IN 0 1 o p Z 1 1 yr0 1 rv1 1 Art111 r{J� 1 rN 1 prN 1 rN H N tH a 1 O a W W a 1 p i W r 1 p to r r 1 p r r i p O<O r 1 O a r 1 O Aar 1 O C!W r A H 1 ►+ Zma 1 1y 1.1aN 1 M W NN 1 r tO�IN 1 r 7 Vr 1 r yylar 1 M Nr OK 1 W y o 1 W Q 0 1 71 r• 0 1 W O I W N1 1 Co S tJ• 1 W N p'O 1 V 1 RI Z 1 'O Q 1 q 61 1 'O C 1 R7 1 v W ft1 m 1 O S W I O r 1 O Z r 1 O yy r l O < 1 O < 1 O • < 1 W Y M I W R! 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O•C � i a i In m I O 0 1 ; I i w s z gib= i z m c 1 1 Cd M 1 s z 1 N 7a0 �N i w p m i Y m are O 1 000 N = 1 � + 1 b v t to m 1 z - I o 1 O y ►ni 1 y O 1 IM 1 y b� 1 pq1 y M =_ 1 n� ns �0 s�$ I 'A v H • 1 y 0 0 Z r~y 1 Id 10 • '�l 1 I N M 1 F]n 1 N K�p M O` I vm O Z O t N i• I�u Z 1 RI a 1 O m O i W00 at H tyH+ 0 m tlHtl 71 in I 1 m td 1 - m I IA I M I v Y 1 DO H I M I O I Z 1 ►r 1 x 1 1.4 2 1 PI •iT�• I 1 H I ►+ 1 O 1 x 1 I 1 1 1 1 1 1 1 to 1 1 i m n wm o m\ to►+ y w 10Z � H r 0 va o wn zo z �H O 70 v n r� H O r b H M f O n OH LC M CI z .e H + \v ►� O M wZ rN wy z a ea \s W M �O H wZ O y H tb N r H m O Z M S. H fr O Z ro r Q OII o m\ (ti A r tie 64 ba kb Ax I N 0 Cl o as tr A SO • r S �N O A M Y a N 7 i m M m S K N � \v M O M �Sy r ymy p v 7�f ~H z b m W M O 10 M N'S� °r H N m A Y H O S M "1. H M O Z b Y Q 0a r 0 • LI-6 iCity of Southlake,Texas MEMORANDUM CITY MANAGER May 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: BICENTENNIAL PARR SEWER BIDS i At the April 21, 1992 council meeting, the Council authorized staff to advertise for bids for the park gravity sewer line. On Wednesday, May 13, 1992, at 10:00 a.m. , bids were opened and read aloud for the gravity sewer line and force main for the Bicentennial Park. Staff included Crossroads Square's force main in with our gravity sewer line because it is preferrable to install the lines in the same trench in a shelf-like manner and thus reduces the cost for both the City and developer. Attached is the bid tabulation from Cheatham and Associates. The base bid is for the 6" gravity sewer line from the TNB building at the Park to the proposed lift station in the Crossroads Square subdivision. The City is responsible for the cost of this line. The alternate bid is for the 4" force main from the lift station to the gravity line in the Oak Hills subdivision. The developer of Crossroads Square is responsible for the cost of the force main. The combined low bidder for both the base bid and alternate bid is Brown Excavating Company at $22 , 094 .90. Cheatham and Associates has reviewed their references and found their work to be satisfactory. One reason why Brown Excavating is so low is that I they have a contract to install the utility work for the Crossroad Square subdivision. Staff agrees with Cheatham and Associates' attached letter of recommendation to award the bid to Brown Excavating at the low bid of $22, 094 .90 for the base bid ($15,438.50) and alternate bid ($6, 656.40) combined. The award should be contingent on the developer of Crossroad Square subdivision submitting to the City a check for $6, 656.40 prior to written "Notice to Proceed" to the contractor. In the 1991-92 Sewer Budget, $25,000 was budgeted to fund the installation of the park gravity sewer line. Please place this item on the Council's next agenda. If you have any questions, please contact me. MHB/lc Attachment: Bid tabulation sheet Engineer's recommendation letter I IDDER'S LIST ICENTENNIAL PARK ITY OF SOUTHLAKE OUTHLAKE.TEXAS JOB NO. 001-928 BIDDER PHONE BONDI TOTAL BASE BID ALTERNATE BID Brown Excavating 817/457-7757 3 Y.�? ZZ b5 -5 edo Construction 817/441-9402 ROY / , O Wright Construction 817/481-2594 OO,Si;tc 5 `� Larry Jackson ConsL 817/572-3303 G�l�'•�D Z i! outhem Mechanical Plumbing 214/226-2460 ✓ , 7 FT 5v 50 Radich ConsL 817/428/0603 �/ � 3 ,y �� , QG1!6��;ZtJ North Texas Contracting 214/350-4509 ✓ AYI cl , 7 Sy k y. Ga 7� D.E. Boshart&Assoc. 214/476-6871 4.0—2, s aQ — CHEATHAM AND ASSOCIATES May 14, 1992 Mr. Mike Barnes, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Sewer System Improvements Gravity Sanitary Sewer for Bicentennial Park Relocation on F.M. 1709 Job No. 001-928 Dear Mike: We have tabulated the bids for the subject project and the low bidder was Brown Excavating Company, Inc. with a base bid of$15,438.50 and $6,656.40 for the force main. We recommend awarding the contract to the low bidder. The force main cost is to be reimbursed by the developer of the Cross Roads Square project. If you have any questions or comments, please give us a call. Respectfully, G Eddie Cheatham, P.E. \33i.91-s Enclosure 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 '.` - 3 1 8 8888888888 $ 88 g t i N { O N M a `vQq� N y Z T — f O i 8 � = � 9_ � � Si88pp8h_ 88 � S+ b Q '' ^ .�.. 8 N n •� � f O s It U3 R � oa. .. H < < O. R �4i, gg88g8g8 �i, g q g �+, to NN Op�p M 8 pp�O peppp 88 p ee PI 1 ^ O O r M • N � O » C a ^ N P N M N N N N N N M O p p H Q 8 O H 0 O O O O 8 O [ tom � 8 � t7S i Vl 0. R $ $ 888888888 $ 88 $ f � Leo � N a ^ N ri PC N N N S 8 G PI N NM NN M N i.�y'7' e�f ]7TVVVKK( � ^ � �p� .. iZ8gg888888 gsi, a � 3 � pm R88g888g � 8 $ � 8 e N M F p N N Z 64rN — F p Q P P cm 0 E<- ox. o: < o. ir a cy _ rr aa is > O ° I � W � g � m y = {i.m r ° cl: 3� xZxss �.1 U N Z m w S E S bbbboaocs °t' cs ��' LLI 0. U U .r'nrr'irv'fn � �pn = d Z 'Et (,7 O O W N tcOl N Ny�y t Q 0 O W U ui O — H p q �O V1 f Q r. F < f < �' F_ 6' m ^ N f�1 s of �O ^ { 0 o o { Z { ca 4CL $ p M N M 1 F i � Npppp � M O l < N N N f i O O O O O O N O O Q- ( V1 N V1 N fV H O G X N J -Z -Fr � 1'1 N r4 C G f 'Y o F -raLd Y<( M NIn r 4 on lFf $ f N EJ{ M atN O yj N ^ e N pq N M! N N N 8 z p ♦ r1 eJ of C $ � a0. to lot a $ S88R888838 � $ 8 $ a N N cr 400 N N M N N N N N ~ N F 8 ^ p vQKQ �� p � 4d C; � o 'R 0= g < a ao0'. a. w << O °' �ii p pp ��pppppp ppppp p g sl 8 3 = N O 8 $ H = N N N N N M N N N « M c z Sa m LU C. Q. Cs a: Q! a; Ci V1 6. C. o E is _ W -1 --5 A -1� > � J -1 -1 8 W. O a s Z a 168 z m y W } } Z EW 07 'r 3 �' wUZU cn m cn Y 3 ° � xvf U U al > Z :4 !P Y !f' yU cc Z ts1 06 Occ W s x s $ � wmw �aa5ao m � < H � R ' m x 9 Y Z a O. 0. a o N V (x� ' m V j Q ,I O}L F 0 0 0 G 0 y�y G a p _ U L{��{.L..]]j $ W N H Vl N Pr i}�.. 0 ..7 Q G C ui co 0 � Z City of Southlake,Texas CITY MANAGER MEMORANDUM mi� May 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: BIDS FOR REPAIRS TO FURARORA FL 170 FRONT END LOADER I t At the April 21, 1992 council meeting, the Council authorized staff to advertise for bids for the repairs to the front end loader. On Wednesday, May 13, 1992, at 10:00 a.m. , bids were opened and read aloud for the referenced project. Only one bid was received and that was from DFW Equipment Services, Inc. for $17,960 with a 90- day warranty on workmanship and six (6) months on parts. The bid is under the $20,000 budgeted for this expenditure in the 1991-92 budget. Bid documents were sent to seven area prospective bidders. Those who chose not to bid informed us that the parts would be too hard to purchase and they didn't want to mess with it. „. DFW is a reputable company who has performed well for us in the past. Staff recommends DFW be awarded the bid for $17,960. Please place this item on the Council's next agenda. If you have any questions, please contact me. MHB/lc Attachment: Insurance verification for DFW Equipment I I C-%WPFILPS\8tDSVR0tMND.RPR • --cl;NTURY INSUNANL, COMPANY : FARMERS INSURANCE-EXCKA, MEMBERS of FARMERS IN:.� iIANCE GROUP OF VOLIPANIES HOME OFFICE: 4680 WILSHI :i BLVD. LOS ANGELES CALIFORNIA 90010 (� ITEM ONt Regional Offices: 2100 Sonti I+derregional Hwy. Au:.Iin, Texas 78704 17105 Fk 25. Austin. Texas r 8:._8 + Name I D.F.W. EQUIPMENT SERVTCE f Ni Insured 11070 S. PIPELINE RD MPP#T047124 Mailing EULESS TX 76040 Address 35 03 350 6906 17 30 --._ _.-._ Agent Policy Number Form of Business f 1 irt:i ijl 5 Pditrlt:;:,:iq RENEWS NO. l: Ilion f i OIh1±r - Policy ?en1 Yore+, 8-10-91 I o 8-10-92 .,t .1. Standard 1:me at your mailing address shown a: IN RETURI ;OR TiIE PAYMENT OF THE PtiE AIUM. ANG If TO ALL TIE jr THIS POLICY,WE AtittEE't11lITH YOU To PROV THE IKSUI 1NCE wS STATED IN THIS POLICY. ' "t ITEM T1Kt iCHEVULE OF COVERAGES AND COVERED AUTU.. This p0icy aides only those coverages where a charge is shtnvn -it;pionit.nt t..tt:,r Hi;.* Each or then coverages will apply only to those aL shown as I .±red autos. Autos are shown .Is covP.red autos 11! .Itt•Id,Ir covwar;t. :.. •;i, entry of art- more, of the symboLs4r6m the:COVE AUTO 'it 1ht•G.traytr Coverage.Form nexl to the name of IN, ter 'entry:!z r. 4 to LIAHiL;:r ;uovides coverage for garage:optsrati� - - COVERED AUTOS LIMY i (Enir; of one or more of 1"1cHa;k:, syymbols from the COVFRE? +HE M0-:A ;..E WILL PAY rJR ANY ONE PREMIUM AUTn section of the Gara:: ACCIDENT OR Lf,,-,i Covei age Form shows wr�i _ autos are covered autos.' &:.rt ., -n1 : Aggregate LIABIU'r 1 __ Garlge operations _ Garage Operations Auto Ony t:t:: ;han Auto OmOther Than Auto Drily �� ;, AL 2 8, 29 1 S 1,000,000 1 ,000 000 is 1,000,000 8140.- r'C A PROTECTION _ -. - __- M DICALIP; -vITS _ SEE END. ! --- - 1 $ 2,500 251. - Auto tried+ f --- - Premi::as . Ooernons Medical - - - - Payml nts its not apply to bodily S Inlu:y ca :C oy :r:; 11110) I Premises ,- and Auto. - --- ---- --- -- - --- _. _ Metrical Ments ( S UNINSUFEDrt '±FRI,NSIIR'i '„0TORISTS - - ---- - - I _.---- _--- _.. Bodily Injul I S personlS each accident Property M. Iage S :.:1.: accident Combined L :111tyL _ _ _ _ .%icri accident _ 0 — LOCATION :'iNUSGARAGEKEE 90,000 COVERAGE S 100. OR EACH COVERED AUTO FOR LOSS _ CAUSED b ►; IISCHIEF OR VANDALISM SUBJECT TO GARAGEi(EEr :R SF�; ifi? CAUSES_ S 500. AUM DEDUCTIFI F FOR ALL SUCH LOSS 551. OF LOSS CC =.R MAC E IN ANY GARAGEKEE' C "01.: S10N - 30 - ; $ 90,000 i ,. LOCATION b9lt uS — COVER,'GE $ 250. - -- tible FOR EAC.� "^VERED AUTO 328. STATED AMOU:.. ACTUAL CASH'iN',Ui Oil COST OF REPAi.i WHICHEVER IS LESS, P�iYSICAL C. rnn r.n. corn asavA rurT NO COMPRt HE1' .E CGVEWl',r tMJJ''f,: PING. tC-•1R F. MONINLY t','.': .N r.• .;ck into dd for PHYSICAL D, AAGE SPECIFIED 1 ,,.T WILL BE JSEO CAUSES OF ' )SS COVERAGEle for oaj r ' and 565147 AD :r,�t: (Coll' ied I`lext City of Southlake,Texas s Cl1Y h�Ai�AG�R M E M O R A N D U M May 13, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: SOUTHLAKE SUMMER BASEBALL CAMP ------------------------------------------------------------------ The Park and Recreation Board unanimously moved at their May 11 meeting to approve a recommendation to the City Council for implementation of the "Camp for Champions" instructional baseball camp at Bicentennial Park for children divided into age groups of 7-10 and 11-14. Mr. Sam Booker of Southlake will serve as the camp's coordinator. Mr. Booker has had experience participating in, and organizing similar camps in the past such as the annual Toby Herra Camp held at Arlington Stadium. Mr. Booker has worked with this camp for the last 3 years and is a former professional baseball player himself. Mr. Booker plans to bring in guest lecturers from the Texas Rangers to speak to the camp participants. The Camp's skills instruction will focus on sliding, batting, and other fundamental playing techniques. A minimum number of 100 campers is required to hold the camp. A coach to camper ratio of 1/20 is proposed by Mr. Booker. Fees for the camp are set at $100.00 per person. The camp is organized into (2) one-week sessions June 1 - June 19 . The final week of the baseball camp does coincide with Tina Harvey's Adventure Camp; however, Ms. Harvey's campers will require the use of only Field 2 leaving the remaining larger fields available for Mr. Booker's camp. Refreshments will also be provided by the camp. Refunds will be offered in the event extended rain prevents rescheduling. The Parks and Recreation Board recommends that Mr. Booker receive an amount equal to 75% of all registration fees collected upon payment to the City for the purchase of necessary equipment and supplies for the camp. This is a variation to the standard recreational services agreement which requires payment of the "Coordinator" upon completion of the camp. See attached Exhibits "A, " "B, "and "C. " CT/ct Gil � t EXHIBIT "A" Dear Parents and Campers, Thanks for your interest in the "Camp for Champions"! Each summer young men travel from the area and sometimes to different states to attend an Instructional Baseball camp. With the help of some of the best high school coaches and area high school players, we will provide the campers with the same instructions and approach to the game that will help them become the best baseball player that each camper can be. The daily schedule is divided into two sessions to accommodate each camper. The morning session will run from 8:00 to 11:00 am. The afternoon session will run from 12:30 to 3:30 pm. Each camper will be evaluated each day and given specific drills to improve on areas of weakness. In addition to gaining valuable baseball instruction, campers have the opportunity to make new friends and get to know the coaching staff on a personal basis. It is my hope that each camper will return home not only a better player, but also a better person as well. I look forward to seeing you this summer at camp! Sincerely, Sam Booker Camp Director J�C - z i EXHIBIT "B" CAMP SESSIONS SESSION I Monday, June 1 through Friday, June 5 Ages: 7 - 10 Time: 8:00 - 11:00 am SESSION II Monday, June 1 through Friday, June 5 Ages: 11 - 14 Time: 12:30 - 3:30 pm SESSION III Monday, June 15 through Friday, June 19 Ages: 7 - 10 Time: 8:00 - 11:00 am SESSION IV Monday, June 15 through Friday, June 19 Ages: 11 - 14 Time: 12:30 - 3:30 pm �- 5c -.3 EXHIBIT "C" STATE OF TEXAS CITY OF SOU'11HAKE COUNTY OF TARRANT PERSONAL SERVICES AGREEMENT This agreement is made on the day of 1992 between the City of Southlake, herein referred to as "City" and Sam Booker's "Camp for Champions, " herein referred to as "Coordinator, " who will provide the services to the City noted on the attached Exhibit "A" and "B. " 1 . The activities and services herein described will be conducted by and under the supervision of the Coordinator, subject to the following conditions : A. The Coordinator will not discriminate against anyone on the basis of race, national origin, age, disability, creed, religion, sex, or place of birth in the provision of services to the public, and will comply with all applicable provisions of Title VI of the Civil Rights Act of 1964 , the Rehabilitation Act of 1974 , and the Americans with Disabilities Act of 1990 . In addition, the Coordinator understands that the City may cancel this agreement at any time for any reason. 2 . The Coordinator assumes all responsibility and liability for the acts or omissions of the Coordinator and its officers, agents , servants, and employees arising from the conduct of Sam Booker and the performance of this agreement and Coordinator agrees to indemnify, hold harmless, and defend the City, its elective and appointed officers and representatives and all employees and agents of the City from any and all claims or causes of action on behalf of any person, firm, officers , agents, servants, and employees related to or arising out of the conduct of the "Camp for Champions " or the performance of this agreement. 3 . The Coordinator understands that this agreement is not accepted or final until it is approved and signed by the authorized representatives of the City; and that this agreement may be terminated at any time by either party without cause. 4 . The Coordinator and the City both agree that this contract shall terminate immediately with no obligation by the City to pay any amounts to the Coordinator under this agreement unless a minimum number of participants are registered and paid in full prior to the registration deadline established. The City reserves all right to determine minimum number of participants and/or payments . 5 . Terms of Payment: The Coordinator shall be responsible for �— payment to all subordinate help and for all necessary supplies, equipment, etc. The City agrees to pay the Coordinator an amount equal to all registration fees less 5% to be retained by the City. 6 . Subject to earlier termination as provided above, the term of this agreement shall be for a period of one ( 1) beginning upon execution. 7 . This agreement is specifically made subject to compliance with the "Program Outlines" and the "Proposal" to the City of Southlake by Sam Booker attached hereto and incorporated herein for all purposes of this agreement. 8 . It is expressly understood and agreed that Coordinator shall operate hereunder as an independent contractor as to all rights and privileges granted herein and not as an employee of the City; that Coordinator shall have exclusive control of the exclusive right to control the details of the "Camp for Champions" and its operations on the premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees; that the doctrine of respondeat superior shall not apply as between City and Coordinator; and that nothing herein shall be construed to create a partnership ,` or joint enterprise between City and Coordinator. Sam Booker CITY OF SOUTHLAKE By: Curtis E. Hawk, City Manager Coordinator Phone Number Address City State ` City of Southlake,Texas M E M O R A N D U M May 14, 1992 I � I TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner i SUBJECT: Resolution No.92-24, authorizing the abandonment of a Drainage easement in Lot R-5, Block 2 , out of the Trail Creek Addition, Phase I . i ----------------------------------------------------------------- Mr. Derrell Johnson has requested that this easement be relocated in order to allow the construction of a home on the lot. He has submitted construction plans for the relocation of the existing drainage channel and staff has approved these plans. Attached is a copy of the resolution for the abandonment of the existing easement. City staff has reviewed the request and has no problem with the abandonment of this easement. The construction of the new drainage channel will be installed prior to filing the easement abandonment. A new drainage easement will be dedicated over the new channel. Please place this item on the Council's agenda for approval of the enclosed resolution and authorization for staff to take appropriate actions to facilitate the abandonment. GL/gh i I 5�-I I RESOLUTION NO. 92-24 A RESOLUTION VACATING AND ABANDONING A DRAINAGE EASEMENT ON LOT R-5, BLOCK 2, TRAIL CREEK ADDITION, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARIING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID DRAINAGE EASEMENT 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 Texas, after careful study and consideration, has determined that the drainage easement located in Lot R-5 , Block 2 of the Trail Creek Addition to the City of Southlake, Tarrant County, Texas, hereinafter more specifically described, are not being used by, nor useful or convenient to the public in general; therefore, they constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by their vacation and abandonment. Said drainage easement is further described on the attached exhibit: EXHIBIT A: Graphic Depiction WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said drainage easement , the City desires to execute a Quit Claim Deed releasing all title, ownership and control in said easement to the owner or owners of the abutting property; 5,v-,i A=' s= Tuff: set EXHIBIT A P _ a - GRAPHIC DEPICTION �t r¢J/ to to cezurp •hat IN haw, iwl 'mw. aade a urohl ind aCeyieto arrNr on the tround of tie pror*rty located N at _ 61 peat .iJ r—II J• SJr' t' J1t1 MI [Ltr nl terthLt•. tarlint' tJOWtr,tl;Lt deace"ed r Jy, • Ai Or off r t. tty. t�Y1rrI, W, eoaKdlwr t• the Ilat oL na•t i•w1 y A Ib1. uI-If . Pap to•ells: Me•r4 • f t r`_ooterrr, rrJw POOT Oa.K Tttaa_ be tt ow. —CY- �,►.t.t vrrrl IT dal i t. Lc� anr I. �r •J ta•► i ^ rU�N11' • Q of .+onowe.x •o � � �]��`t I , !hd'11it 44r*oe la a trw, wsroet sad aetwat• rodr atataelen,of tha property as Mt• ntn.d•y*rrwy, an* lltwa W dlaeneJ•ea el*JU preP*rty Joilnr•as Jameated by the Plat, the also; location Sad type of arJJdlnlo•and J.;rovqwnta are as ah•rn, aJt Jarrovemata Joelat Wable tha Jo•,wdsrfo* or the Pr•IorW re, *scope so sho rat bath f"A 04 pI•p*ny ll•*a the dJatane*P ledleabd, a" elite Lho dfataap from the o*areat JntertedtJ.y stn,oe or coal ,�• J• at shwa e•iaJd Plat. lhore are••owtroad,.ry, oerttJJeti,pmgrrll&w, or ap!Uront aa**aeltt* crape u alewt, WAU lscteet a t� -2- •Q•O . . :lr� Jrr•oao P :;QI• a,lrwr!xrrtsttt vbI6; � . . a/ro rrl o r•!• .'■•�•"•". at furStaJ/tRo Y[r►GwAt t /tall-sail fCr..all-sailaw. NIS ••sac Jttrr W .- hafl, ruc.fhrC` at trL[ItlJAr ICI,J►�C .oa Dart 10•�!S- we. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The drainage easement , as described herein, are not being used by, nor useful or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly, the above described portions of the drainage easement , relating to Lot R-5, Block 2, Trail Creek Addition to the city of Southlake, Tarrant County, Texas, are hereby vacated and abandoned as public property and such areas so abandoned shall revert in fee simple to the owner of the remainder of said Lot R-5, Block 2, Trail Creek Addition. SECTION 2 A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS DAY OF 61 19 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 5�_y -3- QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain drainage easement located in Lot R-5 Block 2, Trail Creek Addition, hereinafter specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: Derrell Johnson and any and all of its heirs, legal representatives or assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit A: Graphic depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described drainage easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, 5�5 claim or demand any right or title to the aforesaid drainage easement premises or appurtenances or any part thereof. EXECUTED this day of . 19 CITY OF By: Mayor Gary Fickes STATE OF TEXAS i COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 1991, by Gary Fickes, Mayor of the City of Southlake, Texas, a municipality, on behalf of said municipality. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name Return to OFFICE OF THE CITY SECRETARY City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 GRANTEE Derrell Johnson 2503 Hillside Court Southlake, Texas 76092 5 A-6 City of Southlake,Texas CITY MANAGER M E M O R A N D U M nn � May 14, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR ROAD RECONSTRUCTION - PEYTONVILLE i Attached is the interlocal agreement with Tarrant County to reconstruct Peytonville Road from F.M. 1709 to Raven Bend and approximately 700 feet south of F.M. 1709. The agreement is the County's standard agreement that states the County will reconstruct the streets designated if the City will provide the flagmen and pay for the cost of materials only. The cost to reconstruct Peytonville Road from F.M. 1709 to Raven Bend is estimated to cost between $75,000 to $100,000 and will be paid by Arvida. The cost to reconstruct and widen Peytonville to 36 feet, approximately 700 feet south of F.M. 1709, is estimated at $15,000. Please place this on the Council's agenda for consideration. Miia MHB/lc Attachment: Interlocal Agreement w/Tarrant County e:I wpfdesW umx Uonnnc Pey Se-� THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of 1992, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners, Court, hereinafter referred to as TARRANT COUNTY, and the City of Southlake acting herein by and through its governing body, hereinafter referred to as THE CITY, both of Tarrant county, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHE"A3, the party or parties paying for the performance of governmental functions or services shall make payments therefor from current revenues available to the paying party; and WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for Constitutes adequate consideration to each party; set project being more particularly described as: ° Reconstruction of two sections of Peytonville Road: a. Peytonville from FM 1709 north to Raven Bend for approximately 5800' long and 241 wide Lost K-brand fax transmittal memo 7671 M of P"" TV . C°. CM Se -z ocpt. C , Ph*n1 0 b. Peytonville from FM 1709 south, approximately 700' long and 37' wide. WHEREAS, the CITY agrees that it is solely responsible for the furnishing of flag-man and all warning devices necessary, or required by law, to warn the public of dangers in connection with the premises and/or the work being performed under this agreement. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done have agreed to share in the financing of said construction as hereinafter stated in detail. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. Tarrant County agrees to perform the following work: reconstruction of two sections of Peytonville Road from FM 1709 north to Raven Bend and from FM 1709 south for approximately 7001 . The work will include 6" cement or lime stabiliztion subgrade and: (a) a 4" application of hot mix surface on the north section from FM 1709 to Raven Bend and (b) with 611- 8" of base materials and a 211 application of hot mix surface on the south section from FM 1709 south for approximately 7001 . 2 . Tarrant County agrees to provide the labor and equipment necessary to complete the construction. 3 . The CITY agrees to pay for the actual cost of the materials necessary to accomplish the construction. .S e - 3 By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this contract shall not create any rights in parties not signatories hereto. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by either party by giving written notice of its intention to renew the agreement for a like period to the expiration of such initial term. By. Authorized City Official ATTEST: TARRANT COUNTY: TOM VAND$RGRIFF, County .Tudge BOB HAMPTON, Commissioner Precinct Three 5e - y City of Southlake,Texas M E M O R A N D U M May 13, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-F: Revision to Section 45 i On March 3, 1992, the City Council directed Staff to seek the Planning and Zoning Commission's recommendation on a revision to Section 45 . 1 (2) , "Specific Use Permits" to allow churches, synagogues, temples and other similar facilities for worship, fellowship and education to make application for this permit in "ALL" zoning districts. Currently, the zoning ordinance allows religious institutions to locate in the "CS" Community Service district as a permitted right and to locate in certain residential zoning categories by specific use permit. This action was prompted by a request of Rev. Joe Bob McGinnis, pastor of the Rockhaven Church, to relocate to a Southlake site currently zoned "I-1" Light Industrial. , i Attached please find copies of Section 8, "CS" Community Service, Section 45. 1 (2) , "Specific Use Permits" , and Rev. McGinnis ' letter. On April 9, 1992, the Commission discussed the issues relating to the proposed ordinance revision and directed Staff to ask the City Attorney: 1) do Specific Use Permits stay with the land ( i .e. if a church with a SUP left a particular site could another church relocate to that site with no further review by the Commission and the Council) and 2 ) could the Commission and/ or Council place a time limit on the SUP without a maximum time period being listed in that specific SUP request. The City Attorney responded to the above referenced questions- in the following manner: 1) yes, Specific Use Permits do stay with the land and 2) yes, the P & Z Commission and/or the City Council may impose a time limitation on the use and establish conditions to the S.U.P. approval. In response to Chairman Wright's concern about future zoning requests in the area, the attorney responded that it was "only human nature" to consider the preexistent uses, whether there by permitted right or by special permits. 7A- ► City of Southlake,Texas Curtis E. Hawk, City Manager Ordinance No. 480-F May 13, 1992 Page Two On April 23, 1992, the Commission recommended approval of the proposed revision and added the following sentence to Section 45 . 1 (2) : "Any permit granted hereunder shall be for a maximum period of three (3) years subject to renewal for additional one ( 1) year periods. " In further discussions with the City Attorney, it was his recommendation that the permit not place a specific time limitation if churches were to locate permanently under the S.U.P. approval process . Should the permit be issued with no time limitation, specific language needs to be added to Section 45 whereby the City Council could revoke the permit should the church use be incompatible with the existing zoning or development in that specific area. On May 5, 1992, the City Council approved the First Reading of Ordinance No. 480-F, deleting the three-year time limitation of the specific use permit per the City Attorney's recommendation. V411- KPG i 7A-Z e 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, PQD 2. Churches, synagogues, temples and other LAG, RE, SF-lA, 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. 7A-3 a r o � ORDINANCE NO. 480—F AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLARE, TEXAS, BY REVISING SECTION 45 "SPECIFIC USE PERMITS11 TO PROVIDE FOR THE LOCATION OF CHURCHES, SYNAGOGUES, TEMPLES AND OTHER SIMILAR FACILITIES FOR WORSHIP IN ALL ZONING DISTRICTS, 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 Southla --is" a home rule city actin nder its cha opted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems necessary to amend Ordinance No. 480, as amended, to authorize the location of churches, synagogues, temples and other similar facilities for worship as specific use permits in all zoning categories; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That Section 45. 1 of Ordinance No. 480, as amended, is hereby amended by revising specific use number 2 to read as follows: SPECIFIC USE DISTRICTS WHERE PERMITTED 2 . Churches, synagogues, temples and other ALL similar facilities for worship, fellowship and education, subject to the following conditions: 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. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. -2- 7a, -s SECTION 2 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 3 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 4 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. -3- ,J SECTION 5 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 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 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 -4- 7&- 7 within ten days after passage of this ordinance, as required by Section 3 .13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• slakeIl\480-F -5- 7eze - V �:QITId. AGFR ORDINANCE NO. .S6S CITY OF SOUTHLARE TELECOMIUNICATIONS ORDINANCE r CITY OF SOUTHLAXE TELECOMMUNICATIONS ORDINANCE TABLE OF CONTENTS SECTION 1 - PURPOSE . . . . . . . . . . . . . . . . . . . . . 3 SECTION 2 - ADDITIONAL AUTHORITY REQUIRED . . . . . . . . . . 3 SECTION 3 - DEFINITIONS . . . . . . . . . . . . . . . . . . 4 SECTION 4 - TERM . . . . . . 5 SECTION 5 - GENERAL CONDITIONS OF USE . . . . . . . . 5 (a) Placement of Poles and Equipment. . . . . . . . . 5 (b) Requirement of Relocation. . . . . . . . . . . 6 (c) Underground- Placement. o . . . . . . . . . . . . 6 (d) Non-interference. . . . . . . . . . . . . . . . . 6 (e) Space for City's Use in Existing Facilities. . . . 7 (f) Space for City's Use in New Facilities. . . . . 7 (g) Non-commercial Use by City. . . . . . . . . 8 (h) Use of Facilities by Other Entities. . . . 8 (i) Location of Transmission Media. . . . . . . . . . . 9 SECTION 6 - CONSTRUCTION, MAINTENANCE AND EXCAVATION . . . . 9 (a) Removal of Dangerous Facilities. . . . . . . . . . 9 (b) Excavation and Restoration. . . . . . . . . . 10 (c) Protection of the' Public. . . . . . . . . . . . . . 11 SECTION 7 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT . . 11 (a) Other Right-of-Way Construction. . . . . . . . . . 11 (b) Rights-of-Way Grants to Others. . . . . . . . . . . 12 (c) Alterations or Changes to Rights-of-Way. . . . . . 12 (d) Relocation of Facilities. . . . . . . . . . . . . . 13 SECTION 8 - TEMPORARY REARRANGEMENT OF AERIAL WIRES . . . . . 15 SECTION 9 - TREE TRIMMING . . . . . . . . . . . . . . . . 15 SECTION 10 - INDEMNITY . . . . . . . . . . . . . 16 SECTION 11 - ADMINISTRATION OF ORDINANCE . . . . . . . . . 16 (a) Inquiries . o . . . . . . . . . . . . . . . 16 (b) Documents . . . . . . . . . . 16 (c) Rules . . . . . . . . . . . . . . . . . . . . . 17 SECTION 12 - COMPENSATION TO THE CITY . . . . . . . . . . . . 17 (a) Gross Receipts Charge. . . . . . . . . . . . 17 (b) Billing of the Charge. . . . . . . . . . . . . . . 18 i 7,�'a 4 (c) Annual Adjustment of the Charge. (d) Quarterly Payments. . . . - 18 (e) Growth Factor. . . . . . . . . . . . . . . . . . . 19 (f) Audits. . . . . . . . . . . . . . . . . . 20 (g) Offset in Case of Invalidation. . . . . . . . . . . 21 (h) Annexation and Disannexation. . . . . . . . . . . . 21 (i) Method of Collection of Charge. . . . . . . . . . . 23 SECTION 13 - ASSIGNMENT OF ORDINANCE . . . . . . . . . . . . 23 SECTION 14 - MUTUAL, RELEASES . . . . . . . . . . . . . . . . 23 SECTION 15 - FUTURE CONTINGENCY . . . . . . . . . . . . . . . 24 SECTION 16 - REPEAL OF PREVIOUS ORDINANCE AND PRECEDENCE OF THIS ORDINANCE 0 25 SECTION 17 - GOVERNING LAW . . . . . . . . . . . . . . . . . 26 (a) Interpretation. . . . . . . . . . . . . . . . . . . 26 (b) Combined Efforts. . . . . . . . . . . . . . . . . . 26 (c) Performance in Tarrant County. . . . . . . . . . . 26 SECTION 18 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE . . . 26 l ii 74, 3 � t ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF SOUTHLARE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, THE TELEPHONE COMPANY MAY OPERATE ITS TELECOMMUNICATIONS BUSINESS IN, ALONG, ACROSS, ON, OVER, AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN THE CITY; PROVIDING A TERM; PRESCRIBING THE COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANYIS TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Southwestern Bell Telephone Company (hereinafter referred to as the "Telephone Company") is now and has been engaged in the telecommunications business in the State of Texas and in furtherance thereof, has erected sand maintained certain items of its physical plant in the City of Southlake, Texas (hereinafter referred to as the "City") for many years; and WHEREAS, the Telephone Company has operated its telecommunications business in the City under successive ordinances of the City, the last of which was Ordinance Number 189 adopted August 15, 1972 ; and WHEREAS, it is recognized by the parties that changes in the telecommunications industry, changes in technology, changes in state and federal law, and changes in the accounting practices mandated by the Uniform System of Accounts promulgated by the Federal Communications Commission ("FCC") , along with regulatory requirements of the Texas Public Utility Commission ("PUC") , have ?4 - y yx� caused the traditional method of determining the amount of compensation to municipalities to become administratively impractical and obsolete for telecommunications utilities only. In order to resolve these issues in a manner satisfactory to both the City and the Telephone Company, the City and the Telephone Company have chosen the method of determining the amount of compensation provided for in this Ordinance to eliminate the expense and time related to audits, to achieve administrative simplicity, to provide the City with predictable revenues and an opportunity for growth and to avoid the expense and delays of litigation which could be necessary to resolve any issues in controversy between the parties; and WHEREAS, this Ordinance is adopted by the City Council of the City of Southlake pursuant to the provisions of Article 1175, Section 2 , V.A.T.S. , Article 1446c, Section 21, V.A.T.S. , and Chapter X of the Charter of the City of Southlake; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City pursuant to Section 10.02 of the Charter of the City of Southlake, establishing the conditions under which the Telephone Company shall maintain and construct its physical plant in the City in the future; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF SOIITHLARE, TEXAS, THAT: - 2 - slakelI\swbell.crd 7 SECTION 1 - PURPOSE Pursuant to the laws of the State of Texas, Chapter X of the Charter of the City of Southlake, and this Ordinance, the Telephone Company has the non-exclusive right and privilege to use the public rights-of-way in the City for the operation of a telecommunications system subject to the restrictions set forth herein. The Telephone Company may use such rights-of-way for its telecommunications facilities. The Telephone Company's facilities and transmission media used in or incident to the provision of telecommunications service and to the maintenance of a telecommunications business by the Telephone Company. in the City shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the City in the exercise of its lawful police powers and such changes and extensions as may be considered necessary by the Telephone Company in the pursuit of its telecommunications business. The terms of this Ordinance shall apply throughout the City, and to all operations of the Telephone Company within the City, and shall include all operations and facilities used in whole or in part in the provision of telecommunications services in newly annexed areas upon the effective date of any annexation. SECTION 2 - ADDITIONAL AUTHORITY REQUIRED The Telephone Company is not authorized to provide cable television service in the City under this Ordinance, but must first - 3 - slakeIl\swbelL.crd obtain a franchise agreement from the City for that purpose, under such terms and conditions as may be required by law. SECTION 3 - DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: (1) FACILITIES: all Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media. (2) USE: any Telephone Company acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the public rights-of-way for any purpose whatsoever. (3) CITY: The City of Southlake, Texas. (4) RIGHTS-OF-WAY: all present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the City. (5) DIRECTION OF THE CITY: all ordinances, laws, rules, regulations, and charter provisions of the City now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. (6) TRANSMISSION MEDIA: all Telephone Company cables, fibers, wires or other physical devices used to transmit and/or - 4 - slakeII\srbell.ord 7�-1 receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes. (7) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the City shall be exclusive, and the City reserves the right to grant franchises, licenses, easements or permissions to ' use the public rights-of-way within the City to any person or entity as the City, in its sole discretion, may determine to be in the public interest. (8) TELEPHONE COMPANY: Southwestern Bell Telephone Company. SECTION 4 - TERM This Ordinance shall continue for a period of seven (7) years from the effective date hereof; provided that at the expiration of the initial period, such term may be extended by mutual written agreement of` the City and Telephone Company. SECTION 5 - GENERAL CONDITIONS OF USE (a) Placement of Poles and Equipment. All poles placed shall be of sound material and reasonably straight, and shall be set so that they will not interfere with the flow of water in any gutter or drain, and so that the same will not unduly interfere with ordinary travel on the streets or sidewalks. The location and route of all poles, stubs, guys, anchors, conduits, fiber and cables placed and constructed by the Telephone Company in the construction and maintenance of its telecommunications system in - 5 - slakeMsibet lord r�— O the City shall be subject to the lawful, reasonable and proper control and direction of the City. (b) Requirement of Relocation. As authorized by Section 55(b) of the Public Utility Regulatory Act (PURA) Art. 1446c V.A.C.S. , the City reserves the right to require the Telephone Company, at Telephone Company's expense, to relocate its facilities to permit the widening or straightening of streets by giving to the Telephone Company thirty (30) days notice and specifying the new location for the facilities along the right-of-way of the street or streets. (c) underground Placement. Any work done in connection with the Telephone Company's use of the rights-of-way shall be subject to the police power and "c:. a City The Telephone Company may be required to place certain facilities underground according to reasonable requirements that may be adopted from time to time by the Southlake City Council; provided, however, Telephone Company shall be given due notice and shall be entitled to a hearing before the Southlake City Council prior to the adoption of any such requirements. (d) Non-interference. All use of the rights-of-way by the Telephone Company shall interfere as little as reasonably practicable with the use of the rights-of-way by others. (e) Space for City' s Use in Existing Facilities. The Telephone Company shall permit the City of Southlake to use without charge, solely for its own non-commercial telecommunications - 6 slakelI\swbell.ord purposes, the following described facilities: One duct in all of Telephone Company's existing ducted facilities within the city limits, with sufficient space for necessary joints. Also, Telephone Company shall provide adequate space on all non-ducted facilities now existing or hereafter constructed on or within the rights-of-way for the City to attach transmission media for the City's own non-commercial use. Where insufficient facilities exist to accommodate the City, other existing facilities may be substituted therefore with the concurrence of the City. (f) Space for City's Use in Nev Facilities. If the Telephone Company shall hereafter extend its existing underground conduits, it shall provide one duct in each additional conduit for the City's own purposes, as provided above. The Telephone Company shall cooperate with the City at all times by providing timely, complete and continuous information regarding the location of all conduit, along with such maps, plats, construction documents and drawings as may exist or be created from time to time. The City shall not use any facilities which are provided for City's use by the Telephone Company for power transmission purposes, nor otherwise use any such circuits so as to unreasonably interfere with telecommunications or facilities; provided, that Telephone Company shall not use high potential wires for power transmission in its facilities, nor otherwise so as to unreasonably interfere with the operation of City's communications or facilities. Telephone Company and City shall cooperate and coordinate their efforts to slakeIl\subell.ord T�-�a make the most efficient and economical use of facilities. To this end, the parties will make periodic assessments of their needs, including, but not limited to use and exchange of facilities to meet requirements. The City shall keep Telephone Company aware of its needs and shall notify Telephone Company in writing when it utilizes Telephone Company facilities. (g) Non-commercial Use by City. City shall not sell, lease or otherwise make available its right to use Telephone Company's facilities to any third party for commercial purposes. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use of such facilities shall occur. (h) Use of Facilities by Other Entities. The Telephone Company is not authorized to license or lease to any person or entity the right to occupy or use the City's rights-of-way for the conduct of any private business. The Telephone Company may be required to attach its transmission media to facilities owned and maintained by any person or entity franchised by the City or to permit the transmission media of any person or entity franchised by the City to be attached to the facilities owned and maintained by the Telephone Company upon reasonable, non-discriminatory terms. The Telephone Company may require any person or entity to furnish evidence of adequate insurance covering the Telephone Company and slakeI I\sbel Lord adequate bonds covering the performance of the person or entity attaching to the Telephone Company's facilities as a condition precedent to granting permission to attach transmission media to Telephone Company's facilities; provided Telephone Company's requirements for such insurance shall be reasonable, as determined by the City. (i) Location of Transmission Media. Transmission media shall be so located on the facilities as to be safe and not to interfere unnecessarily with the use of the rights-of-way by others, including persons or• entities authorized to use the facilities. The Telephone Company shall not be required to attach its transmission media to the facilities of any other person or entity or to permit the transmission media of any other person or entity to be attached to Telephone Company's facilities if it can be shown satisfactorily to the City that the Telephone Company will be subjected to increased risks of interruption of service or to increased liability for accidents, or if the facilities of the other person or entity are not of the character, design, and construction required by, or are not being maintained in accordance with industry standards or practice. SECTION 6 - CONSTRUCTION, MAINTENANCE AND EXCAVATION (a) Removal of Dangerous Facilities. The City shall have the power at any time to order and require the Telephone Company to remove any of its facilities that are dangerous to life or slakeI1\stibell.ard property, and in case the Telephone Company, after reasonable notice to the. Division Manager over outside plant engineering and construction, fails or refuses to act, then the City, at the direction of the Director of Public Works, shall have the power to remove or abate the dangerous conditions at the expense of the Telephone Company, all without compensation or liability for damages to the Telephone Company. (b) Excavation and Restoration. El Except in an emergency, the Telephone Company shall not excavate any right-of-way without first notifying the Director of Public Works, and, if approval is required it shall be given if the proposed excavation is in compliance with the requirements of yX'Y}:::...S�•.y.i:3;V M�� ... and ` eclea ;t; tern City a rules> ia•:3::•;i.<i�.vcac,•:aaact��3oc' �aoc3io::v:Snvov::y..ixicadiiawav6aca i:�x•:azaiafo'cac,,.s regulations. Engineering plans for projects involving significant amounts of new buried cable and underground conduit systems to ;be placed in rights-of-way shall be submitted to the Director of Public Works for review and approval prior to construction. The Director of Public Works or the Director's designee shall be notified as soon as practicable regarding work performed under emergency conditions. Telephone Company shall promptly restore to as good ...::3:.:..i..:n.::..v.....::.,:r:}•:K�.,S>..,'G.3:!^:,:,Y._ •:QYi'•:.H:.+.;:4}:.... :.vf::}N.w:.v: t.::}v+; r condition as before tie Commencement of t�c� :< s<„ etermznecYr t� •Y4::::...•.Y...:..:...T...........++\Sh..ni..r.n3r....:.w n $. :h.. 35Y.ii35 Y;3:•:3:...%.: l the L,re L _r__t: __ -_] the Director of Public Works, all rights-of-way damaged or excavated by the Telephone Company. If the CtY reasonably defirffi1es wthzr� one, rear< rn "theFate o€ — 10 — slakeII\stibell.ord 'ti- -/ 3 the:.,�,res��ira�3o:n fi<:«<-'thaw'-�•� ,`� e.::..,r.:r=c� - ..:a a�; -:-:- ♦ <. wnu..kwaC.aaonuomaa«...E.::i .ua:..Y�:cRcivax:<GG.GG.. -.,.:-::..:.-. ...,.....•.:«.::::,» .... :.:..-• ..;,..:.�.r,:. a,... •or X`►+ ....�........+ .fir• _r. +r»P-w:- restara�flr�:�.�Iar3�;<to::rglace �r;: : • -...V:,nO:i..vT.iir:Aim,::Wnrh\GV..MTT,•:tiJ..VJ•VM\ivECV...AVPP.,V.WiP V.\ ... , .. comm�icezgent;�a� tfie•a_� \��Iie � ��o�gan ��f r� -. . • .A,vm+:..•i..�i... 'wJ.v`,,;Nnrv::vSw'wv:nvwaw:;;:.w:.MrvuSrM:,,lw'�;vii.,::.: Y,x.• 'ri.:ui�wiP....'v�LPa,.:J;:;i�4•wT�w"win;Or'i,J4P5�.:.vyS:WOJL�T1xAWPPGIP?wP ECOLOGY ... ....... .... af`=a""'��arj:�:an�:z�.: �;.:�zoc�a..'�. -.::: ::� eas; ces.. ..e:�:• - v SSDD:G4LLvwJv��1POv.E6i�OPOW�X'�+��YIOPG]OCJOLOSE':•#�E� - .. ::....::�:.. :wntusraE.o rules and re 1 _al en- - --letenee at the time the wer7C--S� uftdertaken, and Telephone easpany shall 1 warrent their repairs �• � resteratlen ef- any rights of way-ri- (c) Protection of the Public. When Telephone Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers, lights and signs, which shall be placed, erected, and maintained by Telephone Company. All construction' and maintenance signs and barricades at work sites shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. SECTION 7 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT (a) Other Right-of-Way Construction. The City reserves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including telecommunications and cable television lines, and to do and permit to be done any slakeII\s%AnLL.ard underground and overhead work that may be deemed necessary or proper by the City, in, across, along, over, or under any right- of-way or public place occupied by the Telephone Company, and to change any curb or sidewalk or the grade of any street. In performing or permitting such work to be done, the City shall not be liable to the Telephone Company for any damages related to the work, nor shall the City be liable to the Telephone Company for any damages not proximately caused by the City's sole negligence; provided nothing herein shall relieve any other person or corporation from liability for damage to facilities of the Telephone Company. (b) Rights-of-Way Grants to others. If the City authorizes abutting landowners to occupy space under the surface of any street, alley, highway, or public place, the grant to an abutting landowner shall be subject to the rights of the Telephone Company granted in this ordinance. If the City plans to close or abandon any right-of-way which contains any existing Telephone Company facilities, City shall, if requested by Telephone Company, (1) reserve a continuing right for the Telephone Company's facilities, (2) give notice of the date the City of Southlake City Council is to consider the closure or abandonment, and (3) make any subsequent conveyance of land involved in the closure or abandonment subject to the specific right of continued occupancy by Telephone Company. (c) Alterations or Changes to Rights-of-Way. Whenever it shall be necessary for the City to require Telephone Company to - 12 - slakeII\srbell.ord alter, change, adapt, or conform its facilities within the right- of-way, the alterations or changes shall be made promptly, with consideration given to the magnitude of the alterations or changes, without claim for reimbursement or damages against the City. If these requirements impose a financial hardship upon the Telephone Company, the Telephone Company shall have the right to present alternative proposals to the City, and the City shall give due consideration to any alternative proposals. It is understood, however, that the City shall not require Telephone Company to remove its facilities entirely from the right-of-way. If the City requires the Telephone Company to adapt or conform its facilities to enable any other entity or person, except the City, to use, or to use with greater cdnvenience, rights-of-way or public property, Telephone Company shall not be required to make any changes until the other entity or person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse the Telephone Company for any loss and expense caused by or arising out of the change; provided, however, that the City shall never be liable for the reimbursement. (d) Relocation of Facilities. For public improvement projects the City will notify the Telephone Company and give it a reasonable time, as determined by the Director of Public Works, when relocation of facilities is required. Prior to the beginning of construction by the City, if the Telephone Company has not relocated its affected facilities within the rights-of-way after - 13 - slakeIl\stibeLL.ard Z, being afforded a reasonable length of time to do so, giving consideration to the scope of the facility relocation, and when the delay is not caused by actions of the City, the following procedure will be followed. The City shall provide the Telephone Company with reasonable notice of failure to act and request relocation. If the Telephone Company continues to delay, the City's Director of Public Works and the Telephone Company's Division Manager over outside plant engineering and construction will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If the Telephone Company continues to delay or does not meet the revised completion date, the City's Director of Public Works shall provide not less than five (5) days written notice to the Telephone Company's Division Manager over outside plant engineering and construction advising the Telephone Company of the City's intent to relocate the affected facilities. If after expiration of the written notice required by the preceding sentence, the Telephone Company continues to delay, the City shall have the right to relocate the affected facilities, and the Telephone Company shall reimburse the City for all costs of the relocation. The City shall not be liable to the Telephone Company for any damage to the facilities unless proximately caused by the city's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. The relocation by the City will be performed only when the Director of - 14 - slakelI\swbell.ord Public Works determines that it is necessary to prevent disruption of a City project. The relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with the Telephone Company prior to the necessary relocations and will not attempt to relocate the facilities until the City has exhausted the foregoing procedures. The Telephone Company shall ultimately be responsible for the final permanent relocation of the Telephone Company's facilities. SECTION 8 - TEMPORARY REARRANGEMENT OF AERIAL WIRES Upon request, the Telephone Company shall remove or raise or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such +temporary rearrangements shall be paid by the party or parties requesting them, and the Telephone Company may require payment in advance. The Telephone Company shall be given not less than forty- eight (48) hours advance notice to arrange for such temporary rearrangements. SECTION 9 - TREE TRIMMING The right, license, privilege and permission is hereby granted to the Telephone Company, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public ways of the City so as to prevent the branches - 15 slakelI\stibell_ord from coming in contagt with the aerial wires, fiber or cables of the Telephone Company, and when so directed by the City, trimming shall be done under the supervision and direction of the City and of any City official to whom these duties have been or may be delegated. SECTION 10 - INDEMNITY The Telephone Company shall indemnify and hold the City harmless from all costs, expenses (including attorney's fees) and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the Telephone Company's facilities located within the public rights-of-way, found to be caused by the negligence of the Telephone Company. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of 1 the Telephone Company and the City. SECTION 11 - ADMINISTRATION OF ORDINANCE (a) Inquiries. The City may, at any time, make inquiries pertaining to this Ordinance and the Telephone Company shall respond to the inquiries on a timely basis. (b) Documents. Copies of petitions, applications, communications and reports submitted by the Telephone Company to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the City upon request. - 16 slakeIl\sribell.ord (c) Rules. The City may establish, after reasonable notice, such rules and regulations as may be appropriate for the administration of this Ordinance and the construction of the Telephone Company's facilities on City property to the extent permitted by law. SECTION 12 - COMPENSATION TO THE CITY (a) Gross Receipts Charge. As compensation for the use, occupancy, oversight, supervision and regulation of the City's rights-of-way, the City hereby imposes a Charge upon the Gross Receipts (as hereinafter defined) of the Telephone Company. This Charge is in lieu of and in full compensation for any tam f-er} licenser a charge, right-of-way permit or inspection fee, whether charged to the Telephone Company or its contractor(s) , or any right-of-way, easement, street or alley rental, fax or other character of charge for use and occupancy of the rights-of-way within the City, except for the usual ad valorem taxes, special assessments in accordance with State law, applicable municipally owned utility service charges, or sales taxes now or hereafter levied by the City in accordance with State law. The amount of the Charge for the first year this Ordinance is in effect shall be $ Q80M. In no event shall this Charge be less than the above amount for each year this Ordinance is in effect, except as provided in the case of disannexation as set forth in Paragraph (h) of this Section, or as provided in Section 16. - 17 - slakeII\swbell.ord (b) Billing of the Charge. The Telephone Company will, according to tariff, bill the Charge to the customers who pay the customer service charges included within the term "Gross Receipts," as defined herein. Gross Receipts, for purposes of this Charge, shall include only customer service charges which meet all four of the following conditions: (1) the charges are for Telephone Company services provided within the City; (2) the charges are billed through the Telephone Company's Customer Records Information System ("CRIS") ; (3) the charges are the recurring charges for the local exchange access rate element specified in the Telephone Company's tariffs filed with the PUC [art- the tifte e€-ter" "-"-a`-"t of ah= - erd°--- ; and (4) such charges are subject to an interstate end user common line ("EUCL") charge as imposed by the Federal Communications Commission ("FCC") fat the time _r o (c) Annual Adjustment of the Charge. For the second and subsequent years while this Ordinance remains in effect, the above Charge is subject to adjustment by application of the Growth Factor set out in Paragraph (e) of this Section. This adjustment for the Growth Factor will be made effective as of each anniversary date of this Ordinance. The Telephone Company shall adjust its billings to customers to account for any undercollection or overcollection of the Charge for the prior year. (d) Quarterly Payments. The Charge for each year shall be paid in four (4) equal installments on May 31, August 31, November - 18 - slakeII\srbell.ord 30 and February 28. .In the event of any over or undercollection from customers at the expiration of this Ordinance, the Telephone Company may make a pro rata one-time credit or charge to the customer billing for affected customers who are billed for a service included within Gross Receipts, as defined in Paragraph (b) of this Section. This will be accomplished within 150 days following the date of expiration of this Ordinance. If, however, it is impractical to credit any overcollection to customers, then the overcollection shall be paid to the City. (e) Growth Factor. The Growth Factor shall be calculated by dividing the Telephone Company's revenues within the corporate limits of the City subject to the State telecommunications sales tax ("Sales Tax Revenues") applicable to services rendered within the corporate limits of the City for the twelve (12) month period ending three (3) months prior to the next anniversary date of this Ordinance by the Sales Tax Revenues for the twelve (12) month period ending three (3) months prior to either the initial effective date or the preceding anniversary date of this Ordinance, as applicable. The Growth Factor calculated by the method set forth in the preceding sentence, if greater than one, shall be multiplied by the current year's Charge to determine the dollar amount of the Charge for the next year. If the Growth Factor calculated above is ofte or less, the Charge for the next year shall be equal to the current year's Charge. The Telephone Company will adjust its customer billing to account for the Growth Factor - 19 slakeII\swbell.ord calculated above. once the Growth Factor calculation is complete, the Telephone Company will provide the City with the following information: the Sales Tax Revenues upon which the Growth Factor calculation was based. [and the Sales Tax—t` " ] . (f) Audits. The City agrees to rely upon audits by the Texas Comptroller of Public Accounts of State telecommunications sales taxes as reported by the Telephone Company which are performed in compliance with Sections 151.023 and 151.027 of the Texas Tax Code Annotated (Vernon's 1982) . The Growth Factor shall be recomputed to reflect any final, nonappealable adjustments made pursuant to an audit finding by the Texas Comptroller of an inaccuracy in the Telephone Company's reports of revenues subject to State telecommunications sales taxes. The Charge shall be recalculated using the Growth Factor recomputed as specified in the preceding sentence, and the recalculated Charge shall !be used for all future calculations required by this Ordinance. Any overpayment or underpayment resulting from such recalculation shall be subtracted from or added to the first installment due the following year. If any overpayment or underpayment shall be due during the final year of this Ordinance, then payment shall be made as follows. In the case of overpayment by the Telephone Company, the City shall pay such overpayment to the Telephone Company within 150 days following the expiration of this Ordinance and, in the case of underpayment by the Telephone Company, the Telephone Company shall pay such 20 - sLakeIJ\swbeLL.ord underpayment to the City within 150 days following the expiration of this Ordinance. (g) Offset in Case of Invalidation. Should the City not have the legal power to agree that the payment of the Charge calculated in this section may be accepted in lieu of the tax(es] , licensed charge[s] , right-of-way permit or inspection fees, or any right- of-way easement, street or alley rental, '..A_._*_-"W'11'-_'*..........t'*.. or other character of charge for use and occupancy of the right- of-way within the City, then the City agrees that it will apply ( ] of these payments JIM red] , to offset the Telephone Company's obligation for compensation under this ordinance. (h) Annexation and Disannexation. (i) If territory within the boundaries of the City is raVed or disannexed Wfomon . (territery eutside the beundarles eE the elty ... and the ..... . pg . . ......... ed annex . ............. . ... ....inar......... affected (territery er a part of the afEeeted territe-r,y] is serviced by the Telephone Company, .............. 6*: the Charge shall be adjusted. V% To accomplish the adjustment, the City shall, within thirty (30) days of the annexation or disannexation4 provide the Telephone Company with maps of the affected area showing the new boundaries of the City. 21 - sLakeJI\sbbeLL.ord U, i��..��.��a�� s`"�a�e"" ��.��"nso':tic'�a; ��"-•.,-�r-.""'.•,-•.n :.:.: �:;��,�--•,, .•- aaM1vs. avaw1a*,w.aaanwawa.. awY.,a;,ww...:vwxauvwta .ar.w,waaa5ax ;tie charge fo eX»�it�r.,��- bed�u�-s.�.�e �t��i�cu •��e �a�t_a ato. < ��..-.. n �•aiii.. .... ... <..::.:.. oroacacAROc� ,reC ..,,.,..,:,,<.,..,,... ..,....,.arµ..iY.,:wcc::w.ae�,.a,.,,....,.w�i-:::aµ..ccw�.,'u....,wu...w.w«aca,.way:.w:.w...,..a..:.,,»,caa.....c:,,...,-.a.,•.:u.... . ,.-:iw..�•ncao:acot:Jae WAS ,y:.v:w•:-..:.wn,...vn, yv....... •. vv...-,v ` !�".M,'P:P„ `m`M',�� „"^�""y� .nVQ'.- .. `•-� �""��• "-�$:..�e r • ems: •,��e [��te�--tde�i#�r�1-�r= etisteme ,— he] Telephone Company shall calculate the total Gross Receipts which were billed within the City during the first full calendar month following the date of the annexation or disannexation in accordance with the rules of the Texas Comptroller of Public Accounts for purposes of the local sales and use tax. This sum shall be divided by the total Gross Receipts which were billed within the City during the last full calendar month prior to the date of the annexation or disannexation in accordance with the rules of the Texas Comptroller of Public Accounts for purposes of the local sales and use tax. The resulting figure shall be rounded to four decimal places and yields the percentage by which the Charge shall be adjusted; in the case of annexation, the Charge shall be increased by this percent, and, in the case of disannexation the Charge shall be decreased by this percent. The Charge, as adjusted, shall be prorated for the remainder of the calendar year following the date of the annexation or disannexation in accordance with the rules of the Texas Comptroller of Public Accounts for purposes of the local sales and use tax. Once - 22 - slakell\stibell.ord adjusted, the new Charge shall be used for all future calculations required by this Ordinance. (i) Method of collection of charge. The recovery of the Charge from Telephone Company's customers is subject to the jurisdiction of the regulatory authorities and not the City. The obligation of Telephone Company to pay compensation under this Ordinance is contractual, and the City makes no requirements as to the method the Telephone Company uses to recover the Charge. SECTION 13 - ASSIGNMENT OF ORDINANCE This Ordinance and any rights or privileges hereunder shall not be assignable to any other entity without the express consent of the Southlake City Council. The consent shall be evidenced by an ordinance which shall fully recite the terms and conditions, if any, upon which such consent is given. 4 SECTION 14 - MUTUAL RELEASES The City hereby fully releases, discharges, settles and compromises any and all claims which the City has made or could have made arising out of or connected with Ordinance No. 189 adopted August 15, 1972, and renewed or extended thereafter, and its predecessor ordinances, if any, (hereinafter referred to collectively as "Ordinance 18911) . This full and complete release of claims for any matters under Ordinance 189 shall be for the benefit of Southwestern Bell Telephone Company; its parent; its - 23 - slakelI\swbell.ord 7�-a� affiliates; their directors, officers and employees; successors and assigns; and includes any and all claims, actions, causes of action and controversies, presently known or unknown, arising directly or indirectly out of or connected with the Telephone Company's obligations to the City pursuant to the provisions of Ordinance 189. Southwestern Bell Telephone Company, its parent, its affiliates, successors and assigns hereby fully release, discharge, settle and compromise any and all claims, actions, causes of action or controversies heretofore made or which could have been made, known or unknown, against the City, its officers or its employees, arising out of or connected with any matters under Ordinance 189. It is the intent of the City and the Telephone Company to enter into the foregoing mutual releases in order to reach a compromise that is acceptable to both the City and the Telephone Company. This Ordinance and the mutual releases set forth in this Section represent a compromise of each party's claims as well as each party Is defenses, and is not intended to be and is not an admission of liability or vulnerability by either party to the other with respect to either the claims or the defenses asserted against the other. SECTION 15 - FUTURE CONTINGENCY Notwithstanding anything contained in this Ordinance to the contrary, in the event that (a) this Ordinance or any part hereof, (b) any tariff provision by which the Telephone Company seeks to - 24 - slakeII\srbell_ord collect the Charge imposed by this Ordinance, or (c) any procedure (W provided in this Ordinance, or (d) any compensation due the City under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the Telephone Company and City shall meet and negotiate a new ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new ordinance shall provide the City with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the Telephone Company in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. .. St ffi�ICSTHZS ::. 4A4 P.RE4tF RBNANGB. ::'�:a::;:x,�:; x;;:�::�>;�;::�::.y. �..�..a::.a•4:,::xwa::::;.:v�»,w:4;w:: ,y,.....;,n,,:r:ar.�..a.•:a:;:-:.'4SHR;5:>•`.yc'c�:',':rfu:•:,:;.:;ax.:u>;�.•av+:w;'cLr' •Ss�f. yy:y:....::.}i'{'f�v'ft'. i�N:^iuw{n n ,.vjvv. .:;i.�y,.•.•.ky�a!:(J/Ne'n..:,.v :>:b.'.`Y.•,.};v.�jn'� fiance:»No. :: <ac o ted z"�"a•� < A .>a s ame ,xa!!:•act;tcd,ut:,ct;;�rr:;�j<� 'i�. � :;�;i�i�,.�:;;;<;w.�,.,�4n....�w:�:.�,:< ..:.:a;;io:;ai-::;;;c:;;•:;;v:;;;•x't�Jr:::;i;;4:.:i;Li;,..iia::;4:;�:A•.i..•:aui;o.•....occuaac:.uiM�4::a;; ... :::::•:. .... ..,.... .::...:,.:•:ii,,.;:::...:.:..:::..•:x<::i;: •:::.:.•.•:;..;:::.•4..a<: ;::.:::•,.:;,:.:,,.;.: •,::•.: .,, i.:,.,.:,i. .�...y:.,.•:;r....,::KKi•%?::.•.. %'`'.:%<,i:,.;,:::.; regea .erpcst2ieec :4 ' : ciitscfsµLaan Jiot ..:..apa+a.,it aaa::aa.:ar.wwava : w.:�-`.}v}.:v.}•.yx��!C7•.v....,+n�vvy;naxn�a+x.::.\:.vaaaa�.. .n�wyn..vw, .: 'a •:�£�:ltti'I.Mt��V♦v-:K:'��,.~a.< t .aa•.:. ,T aks, ceencecverKi; •: is . ' � w�:,, . .'irvw,Jr r,,i, iv,,.4 .. •y,; v..4............. ��:;,;a:::,nr�.:a �:r',M:.ws;.w:,..r:..:4:.,.rr. x.:.:ha..oa,.�w::4Su:...v...:•',i. •r ":• �''' }�,j - �+ ..�.;:•:,...;ry..;.-.•,4•y..•.,,..�..:•'•k';.Y+^'.wV..}yyo-.,..:. .ax,...•:.; ...w.y..,.,,,., �fy'»:�,• :.y.•: ..,�.•:...r•.�y�gyy:. •..day.•...;y..aya,.a.,vsrwn:wo�or.•:� :;'• �.�►'•a�i'+':R�..:�'`s�? � s:�,�.�z�s�: ��e: -,#•;..a��;sec, �ma ��i, :��?��cu�s�n,�,�: �'��:�:�;,� :��;:w r� :;;�.:i<: :,r-:.,�,..:<:.::x.;..:..:..: i>:�; •-ri.;.>�.<::k , x:;.�::.:n.<:,:<:::;.n:....<K, v.�,., . : ;�.v,.w<.,: M�� Q"s q�t ;,a:4;::...w.r,.,:.s;Ssr.;a•,o:;uxa....,:xax,......:a�.,.:......rwfi,r..v.::a,�w........,µa..,..x.,.,�,•...•s„soas....::.a�. .::•.Sa sgstem:Nas:=:described a'Id> egu .ated.... .. thi'..:r:,.::N.. .....,�,:..n,..............:.::.. - 25 s lakeI I\sribel l.or•d ��v� SECTION {16-] - GOVERNING LAW (a) Interpretation. This Ordinance shall be construed in accordance with the City Charter and City Code(s) in effect on the date of passage of this Ordinance to the extent that the Charter and Codes) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (b) Combined Efforts. This Ordinance shall be construed and deemed to have been drafted by the combined efforts of the City and the Telephone Company. (c) Performance in Tarrant County. All obligations are performable and all payments are due in Tarrant County. SECTION & J*9-} - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE The City shall deliver a properly certified copy lof this Ordinance to the Telephone Company within three (3) working days of its final passage. The Telephone Company shall have thirty (30) days from and after the final passage of this Ordinance to file its written acceptance of this Ordinance with the City Secretary. This Ordinance shall become effective beginning the first day of the quarter not less than forty-five (45) days after its final passage by the City. - 26 slakell\sr6ell.ord PASSED AND APPROVED following the reading hereof this day of 1992. Mayor, City of Southlake, Texas ATTEST: City Secretary City Secretary of the City of Southlake, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance No. , finally passed and approved by the City Council of Southlake, Texas, following the reading thereof at a regular meeting held on the day of 1992. City Secretary 27 slakeIlUm ell.ord o - y ORDINANCE NO. 564 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992" ; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City' s Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; and provid' WHEREAS, notice of the City Council 's intention to is ue certificates of obligation in the maximum principal amount of $1, 300, 000 for the purpose paying contractual obligations to be incurred for ( i) street improvements , including related drainage, curbs, gutters and utility line relocations, and (ii) professional services, has been duly published in The Fort Worth Star Telegram on April 15 , 1992 and April 22 , 1992, the date of the first publication of such notice being not less than fifteen (15) ! days prior to May 5, 1992 , the date stated therein for the first reading of this Ordinance; and WHEREAS, no petition, bearing the valid petition signatures of 5% or more of the qualified electors of the City, protesting the issuance of the certificates of obligation described in the aforesaid notice, has been presented to or filed with the City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1, 300,000, to be designated and bear the t title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (i) street improvements, including related drainage, curbs, gutters and utility line relocations, and (ii) professional services, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated May 1, 1992 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on August 1 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1993 $ 15, 000 % 1994 35,000 % 1995 35,000 % 1996 40,000 % 1997 45,000 % 1998 45,000 % 1999 50,000 % 2000 50,000 % 2001 55,000 % 2002 60,000 % 2003 65, 000 % 2004 70, 000 % 2005 70, 000 % 2006 75,000 % 2007 80, 000 % 2008 90, 000 % 2009 95, 000 % 2010 100, 000 % 2011 110, 000 % 2012 115,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) . Interest on the Certificates shall be payable on February 1 and August 1 of each year, commencing February 1, 1993 . -2- 7e - ;? t ' SECTION 3 : Terms of Payment-Paving Agent/Registrar. The principal of , premium, if any, and the interest on the Certificates, due and payable by reason of maturity or redemption shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books (the "Security Register" ) maintained by the Paying Agent/Regi.strar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of AMERITRUST TEXAS NATIONAL ASSOCIATION to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office" ) . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the 15th day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder . If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. -3- r6 13 In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after August 1, 2003, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 1, 2002 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof . The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select by lot, the Certificates to be redeemed; provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5, 000 . (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City' s -4- 7G y expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, ( iv) state that the Certificates , or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/ Registrar only upon presentation and surrender of the Certificates by the Holder. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/ Registrar . SECTION 5 : Registration - Transfer - Exchange of Certi- ficates - Predecessor Certificates . A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Certificates issued under and pursuant to the provisions of this Ordinance. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Holder, -5- 7c -s- 1 in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar . Upon surrender for transfer of any Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar, one or more new Certificates shall be registered and issued to the assignee or transferree of the previous Holder; such Certificates to be in authorized denominations, of like Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and for like aggregate principal amount, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver Certificates, executed on behalf of and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail , first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Certificate or Certificates registered and delivered in the -6-�c -G exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any Certificate registered and delivered pursuant to Section 21 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of an unredeemed balance of a Certificate called for redemption in part. SECTION 6 : Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates . Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants . In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred -7- 7c - 7 and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals execuring the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8 : Initial Certificate(s) . The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $1,300,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as twenty (20) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificates) " ) and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and -8- 7c -� delivered to the initial purchaser(s) . Any time after the delivery of the Initial Certificate(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s) , or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9 : Forms . A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the. State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions , omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification ( including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof , are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution thereof. -9- 7c, -� t B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1992 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: May 1, 1992 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 1 and August 1 in each .year, commencing February 1, 1993 . Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor . Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the 15th day of -10- 7� -�a the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $1,300, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) street improvements, including related drainage, curbs, gutters and utility line relocations, and (ii) professional services, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after August 1, 2003, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 1, 2002, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar . -11- 7c--Itl In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar and there shall be issued, without charge therefor to the registered owner hereof, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the Holder of this Certificate within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of this Certificate of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are payable from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City' s combined Waterworks and Sewer System (the "System") , such pledge of the Net Revenues for the payment of the Certificates being limited to an amount not in excess of $2, 500 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (as defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which -12- 76 -� z the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, inI wholeor in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same ' 3- 7e -1 -/3 lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas . IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate onl . REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas . WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 7e --( �4 D. Form of Certificate of Paying Accent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The principal offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: AMERITRUST TEXAS NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Certificates E. Form of Assignment . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. 7e, -/s- F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate and "Stated Maturity " shall both be omitted; ( ii) paragraph one shall read as follows: Registered Owner: Principal Amount : Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on August 1 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 1 and August 1 of each year, commencing February 1, 1993 . Principal of this Certificate is payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Ameritrust Texas National Association (the "Paying Agent/Registrar" ) , upon its presentation and surrender, at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the 15th day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security -16- IG -1 6 Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner . All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10 : Definitions . For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $1,300,000 "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied each year by the City become delinquent . (d) The term "Fiscal Year" shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the -17- 7e-1 7 System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues . (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues" . Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System' s Maintenance and Operating Expenses during such period. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except : (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 22 hereof; and -18- ?� -ice (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 21 hereof. (j ) The term "Previously Issued Certificates" shall mean the outstanding "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990", dated August 1, 1990, issued in the original principal amount of $1, 100,000 . (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984" , dated May 1, 1984, originally issued in the aggregate principal amount of $500,000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987" , dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates . ( 1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions , improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For purposes of paying the interest on and to provide a sinking fund for the payment and retirement of the Certificates, there shall be and is hereby created a special Fund to be designated "SPECIAL SERIES 1992 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" , which Fund shall be kept and maintained at the City's depository bank, and moneys deposited in said Fund shall be used for no other purpose. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient -19- to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates . Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act of 1987" relating to the investment of "bond proceeds" ; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times . All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates . SECTION 12 : Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars ' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness . Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes . -20- 7e, -o2e) SECTION 13 : Limited Pledge of Net Revenues . The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $2, 500 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $2, 500 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14 : System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit : First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues , Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates . -21- 74f -02l Any Net Revenues remaining in the System Fund after satisfying the foregoing payments and priorities, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15 : Security of Funds . All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16 : Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding, it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type business; that it will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Texas. SECTION 17 : Remedies in Event of Default . In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the owner or owners of any of the Certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition -or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescense therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient . The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 18 : Special Covenants . The City hereby further covenants as follows : -22- 7e, -a. (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C.S. and V.T.C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the payment of the Certificates, the outstanding Prior Lien Obligations identified in Section 10(k) hereof, and the outstanding Previously Issued Certificates identified in Section 10(j) , the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. (c) While any Certificates remain Outstanding, the City will not sell the System or any substantial part thereof; provided, however, this covenant shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) To the extent that it legally may, the City further covenants and agrees that, while any of the Certificates are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. (e) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources otherthan the revenues and income of the System. SECTION 19 : Issuance of Prior Lien Obligations and Additional Certificates . The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and, also reserves the right to issue additional certificates on a parity with the Previously Issued Certificates and the Certificates insofar as the pledge of the Net Revenues of the System is concerned. -23- 7d .,o23 Additional Prior Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the City Council may determine. SECTION 20 : Application of Prior Lien Obligations Covenants and Agreements . It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations . Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. SECTION 21: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless . All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. -24- Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates . The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 22 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in - such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof . The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended, or regulations adopted pursuant thereto. -25- Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent , pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 23 : Ordinance a Contract -Amendments . This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders , including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment , addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on_ the Certificates, reduce the principal amount thereof, the redemption price or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment , addition, or rescission. SECTION 24 : Covenants to Maintain Tax-Exempt Status . (a) Definitions . When used in this Section 24 , the following terms have the following meanings : -26- "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. "Computation Date" has the meaning stated in Treas. Reg. § 1. 148-8T(b) ( 1) . "Gross Proceeds" has the meaning stated in Treas . Reg . § 1. 148-8T(d) . "Investment" has the meaning stated in Treas . Reg. § 1. 148-8T(e) . "Issue Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purpose of the Certificates . "Yield of" (1) any Investment shall be computed in accordance with Treas . Reg . §1. 148-2T, and ' (2) the Certificates has the meaning stated in Treas . Reg . § 1. 148-3T. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes . Without limiting the generality of the foregoing, unless and until the City shall have received a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exclusion of interest on any Certificate from gross income for federal income tax purposes pursuant to Section 103 of the Code, the City shall comply with each of the specific covenants in this Section. -27- J� -�7 (c) No Private Use or Private Payments . Except as permitted by section 141 of the Code and the regulations and rulings thereunder, the City, at all times prior to the last Stated Maturity of Certificates , (1) shall exclusively own, operate, and possess all property acquired, constructed or improved directly or indirectly with Gross Proceeds of the Certificates and shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) shall not directly or indirectly impose or accept any charge or other payment for use of Gross - Proceeds of the Certificates or for any property acquired, constructed or improved indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes . (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government . For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if ( 1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes , (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits , or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the final Stated Maturity of the Certificates, directly or indirectly invest Gross Proceeds of the Certificates in any Investment (or use such Gross Proceeds to replace money so invested) , if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield of the Certificates . -28- (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the regulations and rulings thereunder . (g) Information Report. The City shall timely file with the Secretary of the Treasury the information required by section 149(e) of the Code with respect to the Certificates on such form and in such place as such Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5, 000,000 . SECTION 25 : Sale of the Certificates. The sale of the Certificates to (herein referred to as the "Purchasers") at the price of par and accrued interest to the date of delivery, plus a premium of $ , is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 26 : Qualified Tax Exempt Obligations . That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1992 will not exceed $10, 000, 000 . -29- 7e -,Z y SECTION 27: Official Statement . The Official Statement prepared in the initial offering and sale of the Certificates by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved and authorized. SECTION 28 : Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City' s depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. All surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit , of the Certificate Fund. SECTION 29 : Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and its delivery to the Purchasers. Furthermore, the Mayor, City Secretary, City Manager and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General, registration by the Comptroller of Public Accounts and delivery of the Certificates to the purchasers thereof and, together with the City' s financial advisor, bond -30- counsel and the Paying Agent/ Registrar, make the necessary arrangements for the delivery of the Initial Certificate(s) to the purchasers . SECTION 30: Notices to Holders-Waiver . Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all - other Certificates . Where this Ordinance provides for notice in any manner , such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.SECTION 31: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar . All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 32 : Printed Opinion. The Purchasers ' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski , Attorneys , Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Certificates is hereby approved and authorized. -31- 7c - 3/ SECTION 33 : CUSIP Numbers . CUSIP numbers may be printed or typed on the definitive Certificates . It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 34 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof , this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 35: Inconsistent Provisions . All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and; the United States of America. SECTION 37: Effect of Headings . The Section headings herein are for convenience only and shall not affect the construction hereof . SECTION 38 : Construction of Terms . If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders . SECTION 39 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. -32- lc-3.2, Y SECTION 40 : Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. SECTION 41: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, May 5, 1992. PASSED ON SECOND READING AND ADOPTED, this May 19, 1992 . CITY OF SOUTHLAKE, TEXAS ayor ATTEST: AAA ity Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 6 76 4 S -33- City of Southlake,Texas MEMORANDUM CITY MANAGER May 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Traffic Control Device ordinance i Attached is the TRAFFIC CONTROL DEVICE ORDINANCE prepared by the City Attorney. The ordinance changes the responsibility for the installation of traffic control devices from the Police Chief to the Director of Public Works. It also includes the latest requirements for the installation and placement of traffic control devices. Please place this item on the Council's next agenda. If you have any questions, please contact me. 44 MHB/lc Attachment: TRAFFIC CONTROL DEVISE ORDINANCE I e.I„yambnmwsUmffiaord I T i O NO. ORDINANCE PROVIDING FOR THE LOCATION] INSTALLATIONP REGULATION AND MAINTENANCE OF TRAFFIC CONTROL DEVICES THAT CONTROL THE USE OF THE PUBLIC STREETS AND SIDEWALKS BY PEDESTRIANS AND MOTOR AND OTHER VEHICLES; PROVIDING A PROCEDURE FOR THE ESTABLISHMENT OF SPEED LIMITS ON ALL PUBLIC STREETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERA31LITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas, after due and careful consideration, has determined that it is necessary and appropriate to establish uniform traffic regulations L for the purpose of protecting the citizens of the City of Southlake, Texas; and WHEREAS, in order to implement a plan for establishing uniform traffic control regulations, the City Council of the City of Southlake, Texas, has directed that such studies of traffic conditions and vehicle operations be undertaken as are necessary and appropriate to determine the type and location of traffic control devices necessary to ensure the safe and efficient movement of traffic within the corporate limits of the City of Southlake, Texas; and WHEREAS, in order to ensure that the traffic control 1 I t regulations and devices employed by the City of Southlake, are in full conformance with the laws of the State of Texas and are common and consistent with traffic control devices utilized by other public entities within the State of Texas, the City Council of the City of Southlake has determined that it shall be the public policy of the City to ensure that all traffic control devices employed by the City are constructed and designed in accordance with the Texas Manual on Traffic Control Devices for Streets and Highways; and WHEREAS, the City Council of the City of Southlake, Texas, has reviewed the staff recommendations on the placement of the various types of traffic control devices and has determined that the guidelines for placement of traffic control devices as provided in this Ordinance are necessary and appropriate and are justified based upon normal engineering practices and standards for the plac ement of such devices; and WHEREAS, after due and careful consideration, the City Council of the City of Southlake, Texas, has made a determination that it is in the best interest of the citizens of the City of Southlake, Texas, and in the furtherance of the legitimate police power of the City to adopt these traffic regulations in accordance with the provisions of Article 6701d of Vernon's Annotated Texas Civil Statutes and the inherent police power authority of a home rule city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: 2 74- 3 SECTION Z DEFINITIONS Whenever the following terms are used in this ordinance, they shall have the meanings respectively ascribed to them: Alley: Any street herein defined having no legal or official name other than "Alley" or any street twenty (20) feet or less in width. Authorized Emergency Vehicle: Vehicles of the fire department (fire control) , police vehicles, public and private ambulances for which permits have been issued by the State Board of Health, emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, and private vehicles operated by volunteer firefighters or certified emergency medical services volunteers while answering a fire alarm or responding to a medical emergency, and vehicles operated by blood banks or tissues banks, accredited or approved under the laws of this State or the United States, while making emergency deliveries of blood, drugs, medicines, or organs. City: The City of Southlake, Texas. Crosswalk: (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalk on opposite sides of the roadway measured from the curbs, or in the absence of the curbs from the edges of the traversable roadway; and (2) Any portion of a roadway at an intersection or 3 ! �l - 'f elsewhere distinctly indicated by lines or other markings for pedestrian crossing. Curb: The line adjacent to the edge of the roadway which may be either a raised or lowered, marked or unmarked surface. Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Intersection: (1) The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) or more highways which join one another at any angle, or the area within which vehicles travelling upon different highways joining at any angle may come in conflict; or (2) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection. The junction of any alley with a street or highway shall not constitute an intersection; Motor vehicle: Any vehicle which is self-propelled. Traffic control device: Any sign, signal (including a traffic control signal) , marking, or device, whether manually, electronically or mechanically operated and not inconsistent with 4 ��G-s state statutes or this ordinance, placed or erected by appropriate authority of a public body or official having jurisdiction, for the purpose of regulating, warning, guiding, or directing traffic. When used in this ordinance, the terms "official traffic control device" and "traffic control device" are interchangeable. Operator: Any person who operates or is in control of or assumes control of a vehicle. Pedestrian• Any person afoot. erson: Any natural person, firm, partnership, association, or corporation. Police officer: Any officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Prima facie: The term "prima facie" is to be defined according to the law of, the State of Texas, and, to the extent that there is no conflict with state law, the following meaning shall apply: Such as will suffice to constitute proof of a fact unless and until it is overcome, rebutted, or contradicted by other evidence; no particular weight is assigned to prima facie evidence by law except that the fact finder may find a verdict based upon it; as in all criminal cases, the accused starts out with a presumption of innocence that must be overcome by evidence beyond a reasonable doubt. Right-of-way: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one 5 grants precedence to the other. Roadway: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. Sidewalk: That portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Sian or signal: Means any name, number, description, declaration, device, announcement, display, flag, beacon or light, and any structure supporting same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs the operator of a motor or other vehicle or pedestrian to follow and comply with the directives contained therein or signified thereby. Street: Means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Traffic: Pedestrians, ridden or herded animals, vehicles, and other conveyances used singly or together while using any street for purposes of travel. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. 6 7d -- 7 SECTION ZI CONFORMITY WITH STATE REQUIREMENTS All traffic control devices, including signs, signals and markings installed or used for the purpose of directing and controlling traffic within the City shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (hereinafter called the "Manual") , adopted by the State Highway Commission. All traffic control devices erected hereunder for a particular purpose shall, so far as is practicable, be uniform as to type and located throughout the City. All existing traffic control devices and those erected in the future by the City in accordance with the Manual, state law and this ordinance are hereby affirmed, ratified and declared to be official traffic control devices. All provisions of Article 6701d, V.A.C.S. currently enacted or which may be enacted in the future regulating traffic control devices erected or used by the City are hereby adopted as if set forth fully in this ordinance. SECTION III AUTHORITY TO INSTALL CONTROL DEVICES (a) The Director of Public Works is authorized and directed to erect or install or to cause to be erected or installed upon, over, along, or beside all highways, freeways, roadways, streets, and alleys within the City, appropriate traffic control devices in accordance with this -ordinance and state law and consistent with the Manual. The erection or installation of traffic control devices as provided herein shall be upon the basis of a traffic 7 7d- sf engineering analysis performed by the Director of Public Works. Upon a determination by the Director of Public Works that a traffic control device is necessary; it shall be installed as soon as such specific traffic control device can be procured. (b) The Director of Public Works is hereby authorized and directed to maintain all traffic control devices erected in accordance with this ordinance and state law and consistent with the Manual. Whenever any traffic control device has been damaged or removed or whenever the Director of Public Wor;%-s shall determine that a traffic control device is no longer appropriate at its existing location, he shall be authorized and directed to repair or replace same with an appropriate traffic control device. (c) As soon as practical after the adoption of this ordinance, the Director of Public Works shall file a written inventory with the City Secretary of all traffic control devices in existence at the time this ordinance is passed. The inventory shall describe the type of each traffic control device and its location. Hereafter, whenever the Director of Public Works erects and installs any traffic control device at any location in this City in accordance with this ordinance and the Manual, he shall file an updated inventory with the City Secretary. The City Secretary shall file and maintain such inventory among the official papers of the office of the City Secretary. 8 Id,- SECTION IV OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES The operator of any vehicle or motor vehicle shall obey the instructions of any traffic control device placed in accordance with this ordinance, the Manual or state law, unless otherwise directed by a police officer, subject to the exceptions granted the operator of an authorized emergency vehicle under Article 6701d, V.A.C.S. SECTION V ENFORCEMENT PURPOSES No provision of this ordinance for which traffic control devices are required to be erected shall be enforced against an alleged violator if, at the time and place of the alleged violation a traffic control device was not in proper position, sufficiently legible, by an ordinarily observant person. Whenever a particular section of this ordinance does not state that traffic control devices are required, such section shall be effective even though no traffic control devices are erected or in place. SECTION VI UNAUTHORIZED SIGNS AND DEVICES PROHIBITED (a) It shall be unlawful for any person, other than the Director of Public Works or a person acting under his direction to install or cause to be installed any traffic control device purporting to direct the use of the streets or the activities on those streets by pedestrians, vehicles, motor vehicles or animals. (b) No person shall place, maintain, or display upon or in 9 7d -oo view of any highway., street, roadway, freeway or alley any unauthorized traffic control devices or other devices which purport to be or are an imitation of or resemble official traffic control devices, or which attempt or direct the movement of traffic, or which hide from view or interfere with the effectiveness of any traffic control devices. (c) No person shall place or maintain upon any highway, street, roadway, freeway or alley, any traffic control device bearing thereon any commercial advertising. (d) This section shall not be deemed to prohibit the erection of a sign upon private property adjacent to a highway, roadway, street, freeway or alley giving useful directional information of a type that cannot be mistaken for official traffic control devices provided the erection of such sign is in accordance with the City's Sign Code and other applicable regulations. , (e) All unauthorized signs are declared to be a public nuisance, and the Director of Public Works is empowered to remove such signs without notice. (f) No person shall without lawful authority place, maintain or display upon or in view of any public sidewalk, curb or street, any sign, signal, marking or device which indicates reserved parking spaces, or is designed to reserve parking spaces, upon the street for the adjoining property owners or for customers of the adjoining property owners. (g) No person shall without lawful authority place, maintain or display upon or in view of any public sidewalk, curb or street, 10 jai 11 any sign, signal, marking or device which tends to reserve parking on private property for said property owners or their customers, unless sufficient space is provided to allow for the parking and maneuvering of vehicles off of the public right of way. (h) No person shall place or maintain a flashing light or flashing electric sign of any kind or color within one thousand (1,000) feet of any intersection unless a permit is granted by the Texas Department of Transportation for such flashing light or flashing electric sign and unless said sign complies with the requirements of the City Sign Code and other applicable regulations. SECTION VII DAMAGE TO DEVICES PROHIBITED No person shall, without lawful authority, attempt to or in fact alter, deface, injure, destroy or remove any official traffic control device. - SECTION VIII INSTALLATION AUTHORITY The existence of any traffic control device shall constitute prima facie proof of all facts necessary to prove the proper and lawful installation of such traffic control device at that location. SECTION I% DESIGNATION OF CROSSWALKS,, MARKED TRAFFIC LANES AND SAFETY ZONES The Director of Public Works is hereby authorized: 11 7d 1 z (1) To designate and maintain appropriate devices, marks, or lines upon the surface of the roadways and crosswalks and such other places as he may deem necessary where, in his opinion, there is a particular danger to pedestrians crossing the roadway; (2) To establish safety zones with such character and at such places as he may deem necessary for the protection of pedestrians; and (3) To mark lanes for traffic or street pavements at such places as he may deem advisable, consistent with the traffic control ordinances of the City. SECTION % ESTABLISHMENT OF SPEED ZONES Whenever the City Council shall determine that a speed other than thirty (30) miles per hour is reasonable or safe under conditions found to exist at any intersection or other place or upon any part of any street or highway, the City Council may adopt an ordinance revising the speed limit at such location. Such revised speed limit shall be based upon a traffic engineering study prepared by the Director of Public Works. SECTION 8I INVENTORY OF STREETS AND CORRESPONDING SPEED ZONES The Director of Public Works is hereby authorized to inventory the existing speed limits of the City. The Director of Public Works is directed thereafter to maintain this inventory of speed zones within the City and is authorized to amend this inventory when necessary and directed by the City Council without 12 necessitating an amendment to this ordinance. This inventory list shall be filed with and shall be maintained by the City Secretary among the official papers of the office of the City Secretary. The inventory shall be accessible by any person requesting access to such list. The inventory of streets and posted speed limits, including speed limits in parks and school zones, shall be formatted as follows: MAXIMUM STREET BLOCK NOS. EXTENT SPEED (MPH) EXAMPLE: Main St. 100-500 East Property line of 35 200 Center St. to the West property line of 300 South Blvd. SECTION %II CUMULATIVE 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 %III SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,. sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of 13 fd-1q, 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 %IV PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION %V SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any of all violations of ordinances affecting traffic safety 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. . 14 7d-l's- SECTION SVI PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a. public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance 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 BVII EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1992 . MAYOR ATTEST: CITY SECRETARY ,, 15 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slake\trsfcont.ord 4 16 : City of Southlake,Texas M E M O R A N D U M May 8, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-12 Concept Plan Approval REQUESTED ACTION: Concept Plan approval for office/warehouse facilities on Block B, Lot 4R, North Davis Business Park, being 0.77 acres out of the T.J. Thompson Survey, Abstract No. 1502. LOCATION: 2104 Greenbriar Drive at Greenwood Drive OWNER/APPLICANT: Don Butler CURRENT ZONING: "I-1" Light Industrial LAND USE CATEGORY: Industrial NO. NOTICES SENT: Thirteen (13) RESPONSES: One (1) in favor: Mercantile Bank of Fort Worth, "definite asset to the area; well planned; need for this type of building" P & Z ACTION: May 7, 1992; Approved (6-0) with the Plan Review Summary May 1, 1992 f STAFF COMMENTS: Attached please find the Second Plan Review Summary dated May 15, 1992. Concept Plan approval is required prior to submittal of a development site plan for a building permit. KPG 0 V% I CITY OF SOUTHLAKE 04/02/91 CONCEPT PLAN APPLICATION TITLE OF CONCEPT PLAN: O F16VWAget4vute Fo'e, Dow 13JTC.FR SUBDIVISION NAME: l 6r" btV i5&6ag; Qx A• LOT: A- BLOCK: l_ zR 9z- 1:L, APPLICANT OWNER (if different) NAME: t-) K GU'REFZ ADDRESS: A3oi NICK VAu.Ey 6!nueT (1xc�YJ1 ciE T 7eao34 PHONE: QJ7 5?7D37Z82 g�gSf'�, 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 e resj@Fnt the enclosed request and address any unresolved issues. Signed: Adc_- Date: APRIL 10, 092 For City Use Only: I hereby acknowledge receipt of the concept plan application and the application fee in the amount of $ 106=0 on this the 10416 day of ,,�19�lb 459 i71 ` Signed: ( 9✓� ,�cGu/ Title: �1e�1�'I.t4L�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. Acceptable scale: 1"=201 , 1"=40' , 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. Provide name, address and phone of consultant who prepared the plan. Legal description and a survey or plat certified 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. ��}-Z Concept Plan Checklist Page 2 of 2 Label all required Bufferyards as to type and width. Computation of proposed number of dwelling units. 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: 1 Blueprints - folded 6" x 9" (17 copies) j Reduction of plan at 8 1/2" x 11" (1 copy) Copies of all written documents (1 copy) Second sub ittals for review by the City Council shall include: Blueprints - folded 6" x 9" (17 copies) �- Reduction of plan at 8 1/2" x 11" (1 copy) Copies of all written documents (1 copy) Folder: ORD File: APP.CON A So lil 19 Ae I 2 Il lac � T K I T•A 2 1 - i :9Ac 336 1 !•Ac i 40 Ac KI = iEI 66 6 ♦• • I F 10 I➢C •C�1\ 1 DI c 13'B 2I •e I II A C I 1 2Ac - - --- 3 III w zt: 2 z C C z C C I 1 C q C •�� ' I ISS d ' SO iM 2 3 l �31 32 ITSK •-`"Ml� r - 'Ac 1 r icit SE 7 f 3C2 --� r—� 20 I zO Act 20 Ac ; 3TAc 1 2A21 �� z W 2072 . I 3A - 1 IF- V IFI§ _ 3f1 E ABST. NO1255 4— 2--ZF t SupvEY A85 .,N4 500 i - C 1 , ; 3 IS 2F1 _ ' 6 AC '40 Ac ' ' 3AI 1� I At' 63 TM o - ' 1 f1 ,x jA j 2abl I 1 i t-•-�-- -- 38 SU T A ST. IIt 3 S _ U Nc 3A2 C G 3 2 its _ SAI —.p _ -, to ,1 :• �� ,. 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Box 815 Terrell, Texas 75160 Phone: (817) 282-8885 Phone: 1-800-955-2475 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 4/13/92 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. Label all surrounding properties as follows : Zoning = I-1, L.U.D.= Industrial. 2. Lot 4 should be changed to Lot 4R on the building. 3. Delete the reference to lot 1R in the lower right corner. 4 . Show and label a Level 'A' Bufferyard along the north and, east property lines . * The development site plan should show the dumpster screened on all four sides . * The applicant should be aware that any revisions made prior to City Council must be received at the City by May 11 , 1992 . All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: Don Butler �o : o O w m doId. pvo Nth Z .i Incc m 01'F6/ •• 3„10,0? 000S •� 0•t// I w 'id 'bs SLt'S SSPTS ! imi! 43T�S/w dOTP T�f t�i�N /��+� 6u3�a�d d�ei •up _ •s�roW�eM s�T;}p e a — .S. TPtTod O •a D � v 'o ' �o/ate• l o �. e } O Ism Cc • ► T ter''/•••` /3"�l�\ ,�. bN ti 2 a " k` nlet w a 06 ol s In '• . o ., � O t i �• _ M � .. " 6F el ct e t09 O 1 G N v + tu• c R1 C t h O + � 1 �► e . p a.o G o- � d Y ` w"' Z. :lot du0 • � ::rL h � m . c •ray = i. ia h III Joel NON• b� It C no oioLio�y�t/ 00'Sr/ - — U -a I, 4� _ c "� J? m a o 'j $ C\ ?O! ♦ v u W O O 7�► L O J m O O.Wi 0't Y 0 9f R 0,61 e 3 90"'T 2^ Mod,9s1 o m RA-$ N City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 92-12 REVIEW NO: TWO DATE OF REVIEW: 5/15/92 ,r PROJECT NAME: Concept Plan - Lot 4R, Block B, North Davis Business Park OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Don Butler Designs Unlimited 4301 Hidden Valley Court Ray Orumby , Colleyville, Texas 76034 P. 0. Box 815 Terrell, Texas 75160 Phone: (817) 282-8885 Phone: 1-800-955-2475 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 5/15/92 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. * This submittal appears to satisfy the requirements of our previous reviews. * The development site plan should show the dumpster screened on all four sides. i * Denotes Informational Comment cc: Don Butler S�-9 � cm p u• h � m •�e •4s s�i's ) . "PIS 7 ji 431-4/0 6 670 TM Za1Ni ia�•uu u3-+�d A.Ml ;p a 0 El .4. u?VtT•Q O �a i ��i Yt 301 � rr s g .I t • r j 9 M a C u yea•a!►ed•'sis UO2 !y 13 P � ."• l ��,�' _ _Ns of J 0'SY w 7. rID 7 r J j 0- 0444 P � tY• o a �/ O 03 G • .. ► / • r p a-a O o • ,•, � NON. �° � c ] Q • � w • e �I t ��oO/tS i � i r '�' a LN c N•1 b = pinliotA/•S/ 00 f/ " w\ ?N •{Cy4dZ l ` t O'Sf ` w' '7 9,0F v�� w I 1, Jc 1 Ic • 3 �.1 z _ � o • Sr fi'8t-C/,O l.eO N •• o .C' �N m O Ocy W *I 0 0M�-kon N " h h h d QJ i M J-19- m City of Southlake,Texas RESOLUTION NO. 92-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY i OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE i PERMIT FOR THE INSTALLATION AND USE OF A TELEVISION SATELLITE DISH PER THE REQUIREMENTS OF ORDINANCE NO. 480, SECTION 45. 1 (35) FOR PROPERTY LEGALLY DESCRIBED AS LOT 22, BLOCK 2 , CHAPEL DOWNS, AND MORE FULLY AND COMPLETELY DESCRIBED AS 101 CHURCHILL CIRCLE AND INSTALLED PER EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. i i WHEREAS, a Specific Use Permit for the installation and use of j a Television Satellite Dish has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45.1 (35) of the City's Comprehensive Zoning Ordinance as amended, the I Planning and Zoning Commission and the City Council have given the I 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 is in the best interest of i 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: I ' SECTION 1 f A Specific Use Permit is hereby granted for the installation and use of�a Television Satellite Dish on the property described in Exhibit A attached hereto, subject to the provisions contained in l 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: 1. 2 . Resolution No. 92-18 Page 2 SECTION 2 This resolution shall become effective on the date of approval of the City Council. PASSED AND APPROVED THIS THE DAY OF , 1992. CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas 9218.RFS/ORDhb City of Southlake,Texas M E M O R A N D U M May 8, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-13 Plat Showing REQUESTED ACTION: Plat Showing for Lots 1 and 2, F. Throop No. 1511 Addition, being 11.994 acres out of the Francis Throop Survey, Abstract No. 1511, Tract 3A1C LOCATION: West side of the 1500-block of Sunshine Lane OWNER/APPLICANT: Joel and Virginia Darden CURRENT ZONING: "SF-IA" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: Zoning was initiated by the City Council in September, 1989 with the adoption of Ordinance No. 480. NO. NOTICES SENT: Fourteen (14) RESPONSES: None P & Z ACTION: May 7, 1992; Approved (6-0) subject to the Plat Review Summary dated May 1, 1992. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated May 15, 1992. Metes KPG 95-1 CITY OF SOUTHLAKE 03/15/91 FINAL PLAT/PLAT SHOWING/AMENDED PLAT APPLICATION TITLE OF PLAT: (_��c - .�►.\C1 S T yAQC10(z-) No 1 r,-1 1 Ann,m ou SUBMITTAL DEADLINE: 4- 13-q Z TOTAL LOTS: ?--- TOTAL ACRES: ! I . 44 2A Tt-),3 APPLICANT OWNER (if different) NAME: 1V1r. ' Mrs Jny- 1 Min rIjC,n ADDRESS: ?S ACa W. Rc�L�J T y ci c 1Snc 3 PHONE: Z 14 444—9 4-1 1 1 hereby ciartify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: Date: rw•ww•w*,►*•�ww,t:,►*,r•.•x�.tw.�ewsw+rwwww***tr+t***,tw,t,rw,r,rw****•tt***,e,rww:tru,e*,t,r,►*w,►w:***ss:*,►**: For City Use only: I hereby acknowledge rreipt of the final Vat application and the application fee in the amount of $ 770- on this the 13- day of ibul, 19 9.L1 5420i QLrnv>ue.�� Signed: �wYI�AH' Title: :***,►,►,r,,,r*,t,tw,r,►w,►,r:w ,rw*�*,re*.**:��*,rx,e*+e,r,rw***,r,r*w.*w***w jzvd�* s,r,�*:,e*r*,►,e.w:*.*s:+e•:,►** 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 No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Permissible scale: 111= 50' , 1"- 100' (Prefer 1"=100' ) Sheet size shall be 24" X 36" North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "Final Plat", "Plat Showing", "Amended Plat" Title includes Subdivision name, City, County, State and Survey and Abstract ✓ Title includes total gross acreage, number of lots and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided 8 B-Z Final Plat Page 2 of 3 Shown Not ADJACENT PROPERTY (within 2001 ) On Plan Applic. Unplatted property: Name of record owner and corresponding deed record volume and page for all adjacent unplatted tracts within 200 feet, to include owners across any adjacent R.O.W. ✓ Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page Locate City Limit or E.T.J. Lines All survey lines shown and labeled Existing zoning labeled 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 GENERAL SITE INFORMATION �✓ Legal description of the land to include: Current owners deed reference, name of survey, abstract, county, state, POS tied to survey corner, previously filed subdivision corner or USGS monument, total acreage Property corners labeled as to pins/rods, found or set with sizes Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private street/drives, railroads, etc. ./ All property corners dimensioned to centerline of adjacent streets All existing easements shown (Type & Size) r/ Existing structures shown (Note whether to remain or not) (Plat Revisions) PROPOSED INFORMATION Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 Street alignment in accordance with ordinance requirements Curvilinear street requirements met (No. 483-5.03A) Street R.O.W. demensioned and centerline dimensioned with bearings All curve data labeled (delta, radius, length, tangent) Sufficient street stubs into adjacent property (No. 483-5.03-R-1) Street names provided not similar to any existing street names R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned -J/ Lots and blocks labeled with numbers in consecutive order Square feet of each lot shown (Chart format O.R. ) Drainage and utility easements labeled and dimensioned Front building setback lines labeled or noted 50' setback line shown on S.H. 114, F.M. 1709, F.M. 1938 V3 Final Plat Page 3 of 3 Shown Not On Plan Applic. _,_ Lots to be dedicated for public use, labeled as such i.e. school, parks, flood plains, open spaces, etc., showing acreage and general perimeter dimensions (No. 483-Article VII) Parcels reserved for private use shown as described above Calculated dimensions for all lots, street R.O.W. and centerline easements, etc. Flood plain limit shown. Floodway shown and labeled with dimensional ties Avigation easement shown if applicable (Appendix) Minimum finish floor elevations (No. 483-3.03-D-30) Note also provided (Appendix) Deed Restriction Statement (No. 483-3.05-C) (Amended Plat Only) Flowage easement note (Appendix 5) Sight triangle note (No. 483-8.02) Driveway access limitation note (No. 483-S.01-3) Any easements to be abandoned (No. 483-3.07-C) Minimum lot width of 125' on certain lots (No. 483-A-8.01-E and F) 30,000 sq. ft. min. lot area on certain lots (No. 483-A-8.01-G) Not Included Included OTHER REQUIRED SUBMITTALS Complete and corrected water and sewer layout Complete and corrected Prelimenary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.03-D-35) and No. 482 Perc tests for each lot not served by City sewer Certificate of taxes paid from City Tax Collector Certificate of taxes paid from County Tax Collector Certificate of taxes paid from School Tax Collector Any proposed or existing deed covenants/restrictions Any proposed Homeowners Agreements and/or documents Developers Agreement (Prior to Construction) First submittals for review by the Planning and Zoning Commission shall include: Blueprints - folded 6" x 9" Reduction of plan at 8.5" x 11" Copies of all written documents Second submittals for review by the Planning and Zoning Commission shall include: Blueprints - folded 6" x 9" Reduction of plan at 8.5" x 11" Copies of all written documents Folder: ORD File: APP.FIN 0 �4 9.c. c -201 y Y - 1 _ T� �/�f��+=gyp— �p (1 t1�-p--n �I1- .z � .��i / N.lp* U ®WUtT i®UV zC — © s�� IiUY�:� � ' 7E' r 57 No 390 l./ SURVEY ABET. Nt 401 '.u.0 IIK. 1WAIAis L t V''. 15.12 Ac _ �I- I.I. AF flwi •` WAS L— �.s 22 - - I - '?22K - 1 JL T s _ r'ar.e,. �73' w 2 39 �� I. ^ anu Seer , �' • I ��.� 1 1 ' 332.e Y+%- .� � . �. I Ii 3 K lip AD uz.e 2.MK 1 sou \ J i oe! It 4E A- r T.; .J 1 �rrrrr�I V - z.3 1' Gu�ee ! 1r 1 +- 2 '11EE1 Iv IN..r.f IW Y I71C— �' - i!ut to AC 0919 All: R \301 Of 142 la �' SAO * J _ SURVEY .BST NvSII'��i`T,�� r 41 I 2 1C y145 SM I 1/- �T I '�IEE2' ,• - - - -'- - - I i 3u8 S►IE2 ITo E - 2 � �YE3 - =r: .-' {� / ®N�'-'-��- 3elII 2e -I - - ..-r-I -—r 321 AC3.B'1 i 2C r'- ICI SI,Rv t A BST. 14111114688 ' y -- IY�. M 2L 12 K 1356 zJ 2sm j. AC, 20 .2 ' 3.102 _ 10 4 K I G�' 2F2• 2F1 - K II qt'K �� y,p, zF JACK O. s I -3uN T3.•u 1553►c 67.c J D. '� ELEMENT sy ial.R 1 y11Jt 8.13 K. I f l ' LS.O. I 1 Ic I• 2 2F 2E11 -2C µ Ic DI •IF If',I 1 IE3 IE ! 1 :L!— s u �x IS7 x 1`_f) 2 M�O�LE ry 1,I eC.1 he , 1768 K. it 997.e. 2 ,I i 2G S •eq K • eZ�.c k2 %/. 5cl SCHOOL 2• 'p2 \2♦e.Q9 802. In 56 AC. - • .5�,3D3 / x 2 }-J I e 1A I �3c -- �' i�Qe xA ,I n§ I r J , y3u (�!I,}�I{�JI /�1� �-J�ssa ' 1- ----- Srl xISI+I sll,w -- - -__---�81 3e SURVEY ASST. N4 I. ,�,, - - LOCATION MAP Ste. - _ ., TRACT ___ EY . o M=, zQ ze su za zn ' s0 y- zpl zc 2c1 :L i► iStu SITE r I �44, ,2B 2 So x r- J 3 ZStA xI SI xl i SDI I I % sae 21I 2E1 20 CITY i i zc el J�lR r 3.z , )AI 1 556 zul' HALL 0 ► 7P1 r' I 0 Ig—S !Es__ _ -- - .F=, <,R .,,4 � r Q W <A N N C • ~ r•1 ids„� ri �� N u 1N0 6l� N< Z N < < wl< 3 fm Z V H w n W W'• 9 4 p- 4•' a G A R Q < FI• .4 - s r �^ tf) on o u .. .. <A IE � N < �t 3NINSMS a ri r lL1 �0► 'u Q. N N fA AN 4 q Z la.. N fA n y U •eat .a•1 N Q h 1 W / H N r u Lq u < to < < < n n V A q A ui ma .. pu N N Fa-N W x m� cr.a eq " w a a N "' i ul 14 N N M ey w W N 14 W � ` n w N \ N p O N U� u, N � � re ti o< 1J ClIncc 0 r a as1yy in NIq �O^ City of Southiake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-13 REVIEW NO: ONE DATE OF REVIEW: 5/1/92 PROJECT NAME: Plat Showing-Lots 1 & 2, F.Throop No. 1511 Addition OWNER/APPLICANT: ENG/SURVEYOR: Joel & Virginia Darden Thomas L. Thompson 2936 W. Royal Lane 1400 W. Euless Blvd. # 2144 Suite 102 Irving, Texas 75063 Euless, Texas 76040 Phone: (214) 444-9471 Phone: (817) 267-9269 Fax: Fax: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/13/92 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. Provide the minimum finish floor statement on the plat. 2 . For consistency with our other Plat Showings, please change the plat title to "F. Throop No. 1511 Addition" . 3. Please correct overlap of graphic scale 4. A letter must be provided from the appropriate utility company stating that they do not require easements along the existing service lines and/or their intentions are to relocate these lines into the easements provided. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be -received at the City by May 11 , 1992. All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction. * Denotes Informational Comment cc: Joe & Virginia Darden Thomas Thompson 4 ,tl]h:1i if; �_ ;i.� lj i I1 J I ! .�' t J 1 !{ i _ +�-xa a ,1 I'] i1,iti ]I''1 j't �,iil,l� lilt) 1]li, i o $� (6w { i11t 44,t 1,]ffoil 11;11,' l 11 , _VN3tib .}It[ . 'fill 1;i,1011iu,;11111111a wil i a I � „ Z �tnas3 3~a $ doFRy I {�•� I I I h i Jill IL 11$ t 6 I 6f ] 1 , I01 s I ;tfit jt fill sit !'# g = x s i�`# lI ; ii1 • t '• s ;�IlIli� i�iEFitl' 'ti1��' �' t 11;.1. nill.t; 1i�1 ]i I)tlt; Zia; r tit (n iw { a z a h a it Oe L z Li Z F = Z� N i City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-13 REVIEW NO: TWO DATE OF REVIEW: 5/15/92 PROJECT NAME: Plat Showing-Lots 1 & 2, F.Throop No. 1511 Addition OWNER/APPLICANT: ENG/SURVEYOR: Joel & Virginia Darden Thomas L. Thompson 2936 W. Royal Lane 1400 W. Euless Blvd. # 2144 Suite 102 Irving, Texas 75063 Euless, Texas 76040 Phone: (214) 444-9471 Phone: (817) 267-9269 Fax: Fax: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/11/92 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. * We find the applicant has met all the requirements of our previous reviews * Original signatures will be required on each of the blackline mylars prior to filing the plat. I * Denotes Informational Comment cc: Joe & Virginia Darden Thomas Thompson g-11 �d 1. ; Villi•'j!I{! it it s ii �j I fig �'f t'� ZE 01 t. t•rr;;ih�:•� r { {III 1L'i.]la .11in;; nIalm 1 9911 oz r ' � oi1wil II`si= i � r IL ! RY IZ Id r IY ` et I01I ,, i Ii i +¢ _ •�, i # } 1 t ll "s� I ,. I •.i_,� {+ail+_,-�{ Eiji oil jir f j'=lIII'![ I is rt I I 11 ' r13t_j �, r� 1;l�;• t I I fi i apt]`` ilj J N W W 1 � let, Z W a _ ! Vj Z ds IV i li � U) <N �f� a 1� City of Southlake,Texas M E M O R A N D U M I May 13, 1992 ! TO: Curtis E. Hawk, City Manager � FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-03 Zoning Change/Revised Concept Plan Approval/Timarron i I REQUESTED ACTION: Zoning change request and revised concept plan approval for two parcels of land from "AG" Agricultural to "R-P.U.D." Residential Planned Unit Development. Parcel "A" is legally described as 10.932 acres in the Hall Medlin Survey, Abstract No. 1038, Tract 2F and Parcel "B" is legally described as 1.008 acres in the John N. Gibson Survey, Abstract No. 591, Tract 1B1. This request would amend Ordinance No. 480-OIA to Ordinance No. 480-01B. LOCATION: Parcel "A" is located on the east side of South White Chapel j Blvd. between Continental Blvd. and Big Bear Creek. Parcel "B" is located at 1221 E. Continental. OWNER/APPLICANT: Timarron Land Corporation, Inc. I CURRENT ZONING: "AG" Agricultural i REQUESTED ZONING: "R-P.U.D." Residenital Planned Unit Development I LAND USE CATEGORY: Medium Density Residenital i BACKGROUND INFO. : The revised concept plan represents the following changes: 1) Tract A (Pollard tract) is being added to the "R-P.U.D." i 2) Tract B (currently shown as Open Space Corridor) is being � changed to C-3 uses for golf club house 3) Tract C (currently shown as C-2 uses) is being changed to residential uses 4) Tract D (currently shown as Open Space Corridor and Floodway Open Space) is being changed to Golf Course 5) Tract E (Walton tract) is being added to the "R-P.U.D." I i The rezonings would increase the acreage of the project from 902.80 acres to 914.74 acres. i This "R-P.U.D." adjoins 184 acres to the South of Big Bear Creek in Colleyville which Timarron Land Corporation, Inc. also owns. This revised concept plan is proposed to meet the 2.18 du/ac density requirement and would allow 1994 residential lots. i NO. NOTICES SENT: Sixty-seven (67) RESPONSES: Five (5) written: In favor: W.B. Strange, Counsel to E-Systems; Norman J. Brown, 1550 E. Continental Blvd. ; Barbara Rudduck, 217 Lilac Lane ` City of Southlake,Texas Curtis E. Hawk, City Manager Zoning Change/Concept Plan/Timarron May 13, 1992 Page Two Opposed: Noah B. Pond, 920 S. Carroll Ave. Undecided: Lois E. O'Dair, Lot 5, East Haven Addition P & Z ACTION: March 19, 1992; Approved (4-0) subject to the March 13, 1992 Plan Review Summary, including all items. The Commission recommended that the "spine road" (North-South roadway from F.M. 1709) remain as shown on the plan but that the school site at S. Carroll and E. Continental Blvd. be removed from the plan. COUNCIL ACTION: April 7, 1992; Approved applicant's request to TABLE until May 5,1992. May 5, 1992; Approved applicant's request to TABLE until May, 19, 1992 with a work session on May 12, 1992 at 7:30 p.m. . STAFF COMMENTS: Attached please find the Second Plan Review Summary dated April 16, 1992. Also attached are copies of the written responses received to date. i RPG � r CITY OF SOUTHLARE, TEXAS ORDINANCE NO. 480-01-B AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLARE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLARE, TEXAS, BEING APPROXIMATELY 10.932 ACRES OF LAND OUT OF THE HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TRACT 2F, AND APPROXIMATELY 1.008 ACRES OF LAND OUT OF THE JOHN N. GIBSON SURVEY ABSTRACT NO. 591, TRACT 1B1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", FROM AG AGRICULTURAL DISTRICT TO PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT IN ACCORDANCE WITH EXHIBIT "B" ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND THE ATTACHED CONCEPT PLAN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. exas 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 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 slake\480-01-8 "1" Ze -3 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population; and effect on transportation, water, sewage, 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 stake\480-01-B -Z�� ( 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, sewage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Southlake, 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 to 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. slake\480-01-8 .3" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: BEING an approximately 10.932 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038, Tract 2F and an approximately 1. 008 acre tract of land out of the John N. Gibson Survey, Abstract No. 591, Tract 1B1, as more fully and completely described in Exhibit "A" attached hereto and incorporated herein. From AG Agricultural District to Planned Unit Development Residential District. The types, intensity, and density of land uses on the above tracts shall be in accordance with the approved Concept Plan attached hereto as Exhibit "B. " The approved Concept Plan covers a total of 914.74 acres of land and includes 902 . 80 acres previously zoned for Planned Unit Development under Ordinance Nos. 480-01 and 480- 01-A, in addition to the hereinabove described tracts. No building permits shall be issued and no actual construction shall commence on any portion of the PUD project until a Development Site Plan is approved in accordance with the provisions of the Comprehensive Zoning Ordinance and the property is platted in accordance with City regulations. A City/ Developer Agreement must be executed prior to or contemporaneous with final plat approval. 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. slake\480-01-6 -4- gc -6 SECTION 3 That in all other respects the use of the tract or tracts of land hereinabove 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, sewage, drainage and surface water, parks and other commercial needs and development of the community. The have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. slake\480-01-B .5 7 SECTION 5 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6 That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such slake\480-01-B -6- X/c- ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1992. MAYOR r ATTEST: CITY SECRETARY slake\480-01-B .7- p PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED• EFFECTIVE• slake\480-01-8 -8 City of Southlake,Texas M E M O R A N D U M May 13, 1992 i I TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-04 Development Site Plan/Timarron/Phase III I I I REQUESTED ACTION: Development Site Plan approval for Timarron, Phase III, being 300.82 acres out of the Hall Medlin Survey, Abstract No. 1037, the Hollingsworth and Barnett Survey, Abstract No. 797, the O.W. Knight Survey, Abstract No. 899, and the M. Davenport Survey, Abstract No. 432. LOCATION: North and South of East Continental Blvd. approximately 1,000 feet West of South Carroll Avenue and continuing South of East Continental Blvd. to Big Bear Creek. OWNER/APPLICANT: Timarron Land Corporation, Inc. CURRENT ZONING: "R-P.U.D." Residential Planned Unit Development PROPOSED LAND USES: Residential; C-3, Commercial-3 (golf club house) and Golf Course BACKGROUND INFO: Residential Density: Phase III: 314 residential lots, 139.9 acres, 2.25 du/ac Project to date (Ph. I - III) : 553 residential lots, 305 acres (residential) , gross density: 1.81 du/ac Open Space (Phase III) : 168.8 acres Product Types: (Average Lot Sizes) Type A: 15,500 sq. ft. Type B: 11,500 sq. ft. Type C: 10,000 sq. ft. Type D: 7,200 sq. ft. NO. NOTICES SENT: Sixty-seven (67) RESPONSES: Four (4) from persons surrounding the project: Two (2) in favor: E-Systems and Norman J. Brown One (1) opposed: Noah B. Pond One (1) undecided: Lois E. O'Dair Three (3) from citizens in other areas: Carol Lee Hamilton, 1210 Cross Timber Drive Aloha Payne, 1213 Whispering Lane Larry Goldstein P & Z ACTION: March 19, 1992; Approved applicant's request to TABLE and continue the public hearing until April 9, 1992. r ` Curtis E. Hawk, City Manager Development Site Plan/Timarron/Phase III May 13, 1992 Page Two April 9, 1992; Approved applicant's request to TABLE and continue the public hearing until April 23, 1992. April 23, 1992; Recommended denying (3-2) the Development Plan for Phase III as presented. The Commissioners recommending denial expressed concerns regarding lot sizes North of East Continental Blvd. and the developer's unwillingness to compromise. They felt like the plan was an "all or none"proposition. COUNCIL ACTION: May 5, 1992; Approved applicant's request to TABLE until May 19, 1992 with a work session on May 12, 1992 at 7:30 p.m. STAFF COMMENTS: Attached please find the First, Second, and Third Site Plan Review Summaries dated March 13, 1992, April 16, 1992, and May 1, 1992 respectively. V.Y RPG ` City of Southlake,Texas CITY MANAGER MEMORANDUM May 14, 1992 i I TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Administrative Search Warrants - Ordinance No. 561 ' I At the last Council meeting there were some questions concerning i wording on the execution of a search warrant. The police already have legislative authority to obtain search warrants. This Ordinance addresses non-police responsibilities i.e. , Construction Codes, Housing Codes, etc. The City has adopted codes for these stated reasons . Ordinance No. 561 is a tool to assist in the enforcement of existing City codes . I I am available for any questions or comments that you might have. i I BC/mr wp\Memo\AdmserWr.2 i I i I 4e, - City of Southlake,Texas CITY MANAGER M E M O R A N D U M - �- May 1, 1992 i TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Ordinance No. 561 - Administrative Search Warrants i 1 Over the last several years the City has begun to develop a code enforcement program. As we develop our efforts, enforcement will need to become more concentrated. A basic component of any concentrated code enforcement program will be the ability to access areas for inspection. This Ordinance has two basic components: an enforcement order, and a search warrant. Please look at Article 1, Section 1 of the Definitions to differentiate between the two. The Ordinance gives inspectors with non-traditional police power authority to inspect areas that have been denied them. Most inspections are covered in Article 2, Section 3 , concerning zoning, building, mechanical, electrical and fire codes. When an inspector is denied access to areas that need to be inspected and there are no other alternatives, this procedure will provide the inspector an enforcement tool. I The inspector must, under Article 2 , Section 5, develop probable cause and a sworn affidavit to substantiating facts establishing probable cause presented to a Magistrate for his consideration. If the Magistrate dates and signs the warrant according to Article 2 , Section 7, this will give notice and his purpose to i the person who has charge or control of the premises described in the warrant. Section 8 describes the days allowed, time of execution and expiration date. Article 3 , Section 10 and 11 allows for the inspector to request an order of enforcement from the Magistrate. If the enforcement order is signed and dated by the Magistrate, the owner or person in charge or control of the premises that is in conflict must abide by that enforcement order. Memorandum - Curtis E. Hawk Ordinance No. 561 - Administrative Search Warrants May 1, 1992 Page 2 Please place this Ordinance on the Council agenda for discussion during the May 5, 1992 meeting. I am available for any questions or comments that you may have. BC/mr wp\Memo\AdminSer.War ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ISSIIANCE OF ADMINISTRATIVE SEARCH WARRANTS AND ENFORCEMENT ORDERS FOR THE PIIRPOSE OF INSPECTIONS AND ENFORCEMENT OF ORDINANCES OF THE CITY OF SOIITHLARE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to provides a procedure for the investigation and enforcement of ordinances by city inspectors to ensure that the public health, safety and welfare is maintained in accordance with applicable codes and ordinances of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: ARTICLE I. GENERAL SECTION 1 DEFINITIONS For the purposes of this ordinance: ENFORCEMENT ORDER shall mean a written order issued by a Magistrate authorizing entry by the City onto specified premises for the purpose of abating a nuisance or other condition which is in violation of City Ordinance or State Statute. INSPECTOR shall mean any official inspector for any department of the City of Southlake who is charged with the enforcement of 'City ordinances, including but not limited to inspectors for the slake\ad nsrch.ord departments of zoning, environmental control, housing, building inspection, fire inspection and health inspection. MAGISTRATE shall mean the judge of the municipal court of the ZC' y of Southlake, Texas, or any other person or positi esi ted as a magistrate by state law. SEARCH WARRANT shall mean a written order issued by a Magistrate and directed to any Inspector or peace officer commanding him to a specified premises to determine the presence of a violation of any ordinance of the City of Southlake. SECTION 2 CONFLICTS; ADDITIONAL REMEDIES Nothing contained in this ordinance shall be construed to conflict with any state or federal law and shall be in addition to any rights granted thereby. The City or any Inspector or peace officer may seek other available enforcement remedies, both civil and criminal, in addition to those allowed by this ordinance. Nothing in this ordinance shall be construed to prevent the City or any Inspector from performing inspections or abatement work without the necessity of a warrant or order where authorized by law. ARTICLE II. ADMINISTRATIVE SEARCH WARRANTS SECTION 3 SEARCH WARRANTS AUTHORIZED Except as provided in Section 4 below, inspectors are hereby authorized to seek and obtain search warrants from magistrates as provided in this ordinance before making an inspection incidental to the enforcement of any provision of the Zoning Ordinance, building Code, Plumbing Code, Mechanical Code, Electrical Code, slake\admnsrch.ord '2' �� _..7 Fire Code, or any ordinances related to the use or condition of property or a nuisance on the, property. SECTION 4 AUTHORIZED SEARCHES WITHOUT A WARRANT Search warrants shall not be required under the following circumstances: 1. When permission to inspect the premises has been granted by someone with apparent charge or control of those premises. For the purpose of this paragraph, permission to inspect may be granted either verbally, in writing or by some other action indicating consent; or 2. When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril; or 3 . When the inspection can be executed by a person who is an invitee on premises held open to the general public. For the purposes of this paragraph, a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises; or 4. When the inspection can be executed from public property or adjacent private property with the permission of someone with apparent charge or control of such adjacent private property; or 5. When the inspection is an open fields inspection of or from an unoccupied or undeveloped area. slake\adnnsrch.ord -3- SECTION 5 PROBABLE CAUSE FOR SEARCH WARRANT No search warrant shall be issued pursuant to this ordinance except on the presentation of evidence of probable cause to believe that a violation is present or that reasonable administrative standards for conducting an inspection are satisfied with respect to the premises sought to be inspected. A sworn affidavit setting forth substantial facts toward establishing probable cause or reasonable administrative standards shall be filed in every instance in which a search warrant is requested. In determining probable cause, the Magistrate shall consider the totality of the circumstances behind Ithe issuance of the search warrant and may consider and weigh evidence of specific knowledge or any other evidence that a substantial basis exists that a search warrant would uncover evidence of a violation. In determining whether reasonable administrative standards are satisfied for the issuance of a warrant, the Magistrate may consider and weigh the following: 1. The age and general condition of the premises; 2. Previous violations or hazards found present on the premises and the scope and objects of the search; 3 . The type of premises; 4 . The purposes for which the premises are used; 5. The presence of hazards or violations and the general condition of premises near the premises sought to be inspected; or 6. The passage of time since a previous inspection. slake\admnsrch.ord SECTION 6 CONTENT OF SEARCH WARRANT A search warrant issued pursuant to this ordinance shall be sufficient if it contains the following requisites: 1. That it run in the name of the "State of Texas;" 2. That it identify as near as may be the premises to be inspected, and the scope and objects of the search; 3. That it command an inspector or peace officer to inspect forthwith the premises described; and 4. That it be dated and signed by the magistrate. SECTION 7 EXECUTION OF SEARCH WARRANT The inspector shall, upon going to the premises ordered to be inspected, give notice of his purpose to the person who has charge or control of the premises described in the warrant. If such person cannot be found, a search may be conducted in accordance with the search warrant provided that a copy of the warrant shall be affixed to the front door of the building or gate of the premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances. SECTION 8 DAYS ALLOWED FOR SEARCH WARRANT TO RUN An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. The time allowed for the execution of a search warrant shall be three (3) whole days exclusive of the day of its issuance and of the day of its execution, or such shorter period as may be ordered by the magistrate. The magistrate issuing a search warrant •under the provisions of this section shall endorse on such search stake\admnsrch.ord -5- Q� �� warrant the date and hour of the issuance of the same. Upon returning the search warrant, the inspector shall state on the back of same or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court. SECTION 9 POWER OF INSPECTOR EXECUTING SEARCH WARRANT In the execution of a search warrant, the inspector may call to his aid any number of citizens in the City who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful search warrant, issued pursuant to this ordinance, shall be guilty of a misdemeanor. The execution of a search warrant issued pursuant to this ordinance shall not include any authority to seize tangible goods or any authority to make arrests without the assistance of a peace officer. ARTICLE III. ADMINISTRATIVE ENFORCEMENT ORDERS SECTION 10 ENFORCEMENT ORDERS AUTHORIZED Where civil enforcement by the City is authorized by ordinance or statute, Inspectors are hereby authorized to seek and obtain an administrative enforcement order from the Magistrate authorizing entry upon private property for the purpose of abating any public nuisance or other violation of an ordinance or statute which adversely affects the public health, safety or welfare. The Inspector shall present to the Magistrate a sworn affidavit setting 'forth substantial facts establishing that a violation of the City ordinance or state statute exists and that requisite notice has slake\admnsrch.ord -6- F-P, ^ 7 been given under the ordinance or statute. The Magistrate shall issue an enforcement order if he determines: 1. That facts exist to show that a violation of a statute or ordinance has occurred; 2. That the abatement of the nuisance or violation is in the best interest of the public health, safety or welfare; and 3 . That the proposed abatement action is reasonable under the circumstances. SECTION 11 CONTENT OF ENFORCEMENT ORDER An enforcement older issued by a magistrate pursuant to this ordinance shall contain the following requisites: 1. That it identify as near as may be the premises which are in violation of ordinance or statute; 2. that it reasonably specify the scope of the work or improvements to be performed by the City in abating the violation; 3 . That it set forth such other requirements or conditions as the Magistrate deems necessary to assure that the premises will be adequately protected and that the work or improvements are no greater than is reasonably necessary to abate all conditions which adversely affect the public health, safety or welfare; 4. That it specify a reasonable amount of time in which to carry out such enforcement order. (awl slake\admnsrch.ord -7- SECTION 12 AUTHORIZED ENTRY WITHOUT AN ENFORCEMENT ORDER An administrative enforcement order shall not be required under the following circumstances: 1. when permission to perform the abatement work or improvements has been granted by someone with apparent charge or control of the premises. For purposes of this paragraph, permission may be granted either verbally, in writing or by some other action indicating consent; or 2. Where there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for an enforcement order would materially increase the likelihood of loss from such danger or peril; and 3. When the abatement work or improvements are on open fields or unoccupied or undeveloped areas. SECTION 13 -POWER OF INSPECTOR EXECUTING ENFORCEMENT ORDER In the execution of an enforcement order, the inspector may call to his aid any number of citizens in the City who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful enforcement order issued pursuant to this ordinance shall be guilty of a misdemeanor. SECTION 14 EXECUTION OF ENFORCEMENT ORDER The Inspector shall, upon entering the premises for the purpose of abatement, give notice of his purpose to the person who has charge or control of the premises. If such person cannot be found, the work may be performed in accordance with the enforcement •order provided that a copy of the order shall be affixed to the slake\adensrch.ord -8- Ve_ /l front door of the building or gate of the premises. In every r instance, entry shall be effected using the minimum force necessary according to the circumstances. SECTION 15 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 16 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent- jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 17 PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000.00) for all violations involving fire safety, zoning or public health and sanitation, including slake\admsrch.ord -9- S�Q— / Z dumping or refuse and shall be fined Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 18 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 administrative search warrants and administrative enforcement orders 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 19 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. slake\ad nsrch.ord '10- ��— SECTION 20 „r 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 THIS DAY OF 19 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 19 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED• EFFECTIVE: slake\adrtnsrch.ord City of Southlake,Texas ` M E M O R A N D U M May 8, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-14 Specific Use Permit: Satellite Dish REQUESTED ACTION: Specific Use Permit for the installation and use of a television satellite dish per the requirements of Ordinance No. 480, Section 45.1 (35) for property legally described as Lot 22, Block 2, Chapel Downs. This section provides that "any and all satellite dishes shall be installed in the required rear yard in such a manner as to reduce or eliminate their visibility from all public rights-of-way." As noted on the attached exhibit, the dish is situated in the rear yard, 9 1/2 feet from both the rear and side property lines. The ten (10) foot dish is attached on a 4 1/2 foot pole with the overall height measuring approximately 9 1/2 feet. There is a six (6) foot privacy fence enclosing the back yard. LOCATION: 101 Churchill Circle OWNER/APPLICANT: G. Richard Mullis i CURRENT ZONING: "SF-20A" Single Family-20A NO. NOTICES SENT: Eleven (11) RESPONSES: Two (2) written responses: * In favor: David E. Carpenter, 106 Churchill Circle, "The half-acre lots easily accommodate a microwave dish. We bought half-acre lots to allow the homeowner some freedom. There currently is no cable in the neighborhood." * Opposed: James J. Evers, 102 Belmont Place, Block 2, Lot 14, "I live within 200 feet of the satellite dish and I feel that the dish is aesthetically unpleasant . The cable company that serves our area has established service within two blocks of the applicant's address. The cable company should be required to establish service in Chapel Downs in order to prevent additional satellite installations." P & Z ACTION: May 7, 1992; Approved (6-0) as presented Curtis E. Hawk, City Manager ZA 92-14 Specific Use Permit May 8, 1992 Page Two The Commission recommended that Mr. and Mrs. Mullis work with the developer and the neighbors to the North regarding the landscaping issue. STAFF COMMENTS: Staff waived the requirement of a concept plan because the attached plot plan met the intent of the ordinance. In preparing this case, I surveyed five (5) cities regarding the installation and use of satellite dishes. The cities were Grapevine, Colleyville, North Richland Hills, Plano, and Highland Park. They all treat the structures as accessory uses with varying restrictions as to height, distance from the property lines, location of the dish (i.e. roof-mount, pole-mount), size of the dish, and permit fee. None of these cities require a specific use or special exception use permit with public hearings as part of the approval process. I recommend that we revise the ordinance to eliminate the specific use permit and public hearing requirement and establish more definitive guidelines for satellite dish installation. Permitting and inspection should be through the building department based on the guidelines established in the zoning ordinance. RPG 9A-2 CITY OF SOUTHLAKE r APPLICATION FOR SPECIFIC USE PERMIT Application No. : ZA 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. Ackf At Vzzg NAME OF APPLICANT: ADDRESS: • E' �eh�r� M U6�is 101 G�\Lj'V4'� I C t e* C.LF DESCRIPTION (metes and bounds) OF PROPERTY REQUESTED TO BE CONSIDERED: PRESENT ZONING DISTRICT OF PROPERTY IN QUESTION: T - QO A REQUEST FOR SPECIFIC USE PERMIT IS AS FOLLOWS: &A;T 7b 4-- -Mkis5t o• -7>I5ff The above information is true and accurate to the best of my knowledge. SI PERSON FILING REQUEST (mast be owner of the property): DATE: 9A 3 ZZ:Z: :z i- \ --- ._ _ _--. - 100 Ac -._ I Itk 5" 13 31 }° 6F1 � is S -I 6F � w I sd 33 Ac. !, 1 y xse Ac e •, •'�� 6E W �"'F'1fT 315 Ac. 317 Ac - ! • lop2T4"Ac "Far , -AC — _ efl eF w w ei: I Es 3Ee,3EIA t $ a I �- �2hj,,oa oe N T e Y wl eAK wz M. - N 1 IF ,� I -- tA 5. I '°^I "I~ eYAI I 1 - M3 �—- _ a"Acl c9poLll � SSAAZ I� I '' 9e IO wYi I I L J 0=(l A L L I -4 i I ' ue EY S p 618T . SUN Y BST NII 6�5 - _ 9F1 8: ! 9Y i I ISAc. �.�.1. ECi OO` 3A A V I I , )/ I 3 F r =c —:. .c ee¢ l i � 3e1 eICENlE,M11ML FAnu —- � Is°c. t , ies I ; IC2 — Ic lo k. � �c � J` STD } i — -— 3c t 3o i 3e IlA ~^ a~ 3o2 i 30 _— t ! 3F1, _ sozs BLVD. ,A , --- S SO 6GI - - -1 isA 3 A It 3c 136. i •. 3C SF! SE SD SDI302I_ I �� 2C Ac;I r 3 3 J I ;2m 3Ac1 32lAc�: 3c 'A I 6'3Ac I41.74C. I i k Ac. I 6WAc I I pTOO AC i 5.. 30': �13w Ac r ; IS Ac I �� y iD2 TION MAP 12 .----3 :�, TRACT LOCA _ ��ES 21 Ac T r 1 r--3E r� 2e q � A—� - — A _ 3 18 i7 16 15 .. ASCOT DRIVE 4 I n w tw 'w tw t tae !Kasper, T.H. = 2 3 5s a 5 6o� TF 10 s 50.0 AC tee ieO >a 6 "AG" indmull r 1 ' I •,• 12 g 11 10 29 8 = Chap r rns *SF 20A 7 I 13 ¢ SF-20A$ BELMONT PLACE CIRCLE w 7 si m 8 Stcfills bonder DiSib o _ >» to s 14 15 16 r 17 18 h Q SF,.20A SF-20A SF-2OA >:. 9 Volk Flick � r Chap ell owns'- a 21 20 i9 h 10 23 2 SF-20A SF-20A / F-20A CHURCHILL CIRCLE 11 ipi.►nke Engle Carne ter 3 24 4 25 26 27 3W ( -20A SF-20A SF-20 i2 D0 ao tw I sae ua tw to I 32 31 - 30 g 29 28 i3 & 9A 1 "' a. ta. 14 79 AC 1e tts s OFITVE 3 CHAPEL OOwss U0 to t�. 43 . 5 a 4` 5 I i = 2 3 nt to tae tw 3 �{ L Cn 1 2 N l jo (�I N 4 5 a 10 CC kiS✓ ACE .0 AC o MTccTnM no 62a$ 6 ADJACENT OWNERS & ZONING 2 I 3 late -- I i U-5 r. , - 4 5 • �o Ptc�nt ar> eUtr r�ree�� • � `S8S°3 r Shrub u S C1 Gx�rdcr i f SATEc.w•rr' �isl... . >t, `T' F need ba>(G�r�un� d�sh� 10 �r ��s� +?Mc,h..�.:t* P u,. T- 1n/�►ard- �,� s n -Ito luwes-l- Parf 6 t, ,,. " "y t ` O1 OW �roPerh� µ�lunv 1 cX y�,ca Due, +0 aocl le r+- �/ /° B 24 1 cannot red , Q� s Pry rho SIoP hw% UP c.,s��ncs�9s • p 0q2.2 0 ` At �1 0% .Z i g'S0•Q� � o Gi 101 CHURCHILL• CIRCLE i11 DE9CRIPfION Lot 22, Block 2, Chapel Downs, an Addition to the City of Suuth.lake, Tarrant County, Texas, according to the `tap or 'Plat thereof recorded in Volume , Page , 'tap Records, Tarrant County, Texas. lA '�p 101 Churchill Circle I City of Southtake,Texas 1 ' t M E M O R A N D U M May 15, 1992 TO: HONORABLE MAYOR GARY FICKES AND COUNCILMEMBERS fFROM: Sandra L. LeGrand, City Secretary I SUBJECT: R PP Resolution No. 92-19, Appointment to Planning and ' � Zoning Commission. Resolution No. 92-19, appointments to the Planning and Zoning Commission, requires action by the City Council. Currently there are four (4) places that have expired; Joe Wright, Lanny Tate, Michael Richarme and Larry Samartin. I have received requests from Joe, Lanny and Michael, asking. to be considered for reappointment. All the applications which I have received for those positions are attached for your consideration and most have ; indicated they will be present for the interview process ; which is to be held on Monday evening, May 18, beginning at 7 :30 p.m. If you have questions, please give me a call. /sl of �.i I City of Southlake,Texas RESOLUTION N0.92-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION. 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, the terms of Joe L. Wright, Lawrence B. Samartin, Michael Richarme, and, Lanny Tate have expired; 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 Joe L. Wright, Lawrence Samartin, Michael Richarme, and Lanny Tate expired on May 1, 1992 . The City Council hereby appoints the following persons to the Planning and Zoning Commission for a term to expire on May 1, 1995 . 1 . 2 . 3. 4 . Section 4 . 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 ��a City of Southlake,Texas Resolution No. 92-191 Appointments to Planning and Zoning Commission page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas � 3 APR 131992 OFFICE OF C= SECRETARY April 9, 1992 City of Southlake Mrs . Sandy LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 Dear- Sandy: I would like very much to be considered for reappointment to the Planning and Zoning Commission when my term expires in May, 1992 . I have enjoyed being on the commission and would like to continue serving the City in this way. V truly yours, Joe Wright I!AP R 131992 OFFICE OF April 9, 1992 IC�TY SECRETARY City of Southlake Mrs . Sandy LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 Dear Sandy: I would like very much to be considered for reappointment to the Planning and Zoning Commission when my term expires in May, 1992. I have enjoyed being on the commission and would like to continue serving the City in this way. Very truly yours, Lanny Tate * �� l� ��- MAR 3 01992 OFFICE OF NTT, INC. CITY SECBETA_r Business Development DATE: March 9, 1992 TO: Sandra LeGrand i �u.�4,+gg FROM. Michael T. Richarae ,•-----, RE: Planning and Zoning Position This is to inform you that I would like to be considered for reappointment to the Planning and Zoning commission when my term expires in May. Please advise me if there are any additional steps necessary in this process. Thanks. /mtr APR 30 1992 1351 Estella Way Southlake, Texas 76892 OFFICE OF (817) 481-5832 COY $ECBETRR- April 39, 1992 Ms. Sandra L. LeGrand City Secretary City of Southlake Southlake, Texas 76892 Dear Ms. LeGrand: Per our discussion, please consider this letter as my application for a position on the Planning and Zoning Commission. If it is not the Council's pleasure to appoint me to the Commission at this time, I would appreciate being considered for reappointment to the Zoning Board of Adjustment. My service to the City of Southlake includes the following: o Vice Chairman, Zoning Board of Adjustment o Vice Chairman, Southlake-Trophy Club Merger Committee o Media Chairman, Southlake Citizens for Better Roads o Member, Capital Improvements Advisory Committee Please see the Attachment for a list of other qualifications. I have recently retired from IBM after more than 30 years of service and will be able to invest the time it takes to ensure a dispassionate review of the planning and zoning issues facing the City in this time of significant growth. I as convinced of the wisdom of defining and then refining and implementing strategic plans, and I would welcome the opportunity to join in that process. I acknowledge the attendance and participation requirements of service an a City commission or board. Sincerely, Ernest P. Johnson 9ilr''7 Attachment: Ernest P. Johnson / Qualifications o Liberal-arts education (B.A. in Mathematics and M.A. in Journalism) -- academic preparation to be a generalist in a vide variety of endeavors a 30 years with IBM in jobs demanding a keen, timely analysis of business, technical, and communications problems — practical experience in the business world CIn last assignment before retirement, responsible for a "Quality" business process spanning Development, Marketing, and Service operations for all IBM United States customers) o Articulate communicator -- skilled at presenting complex ideas to diverse audiences o Consensus builder -- adept at fashioning compromises from apparently divergent points of view o Long-standing interest in the mechanics of local government -- grew up in central Virginia, where the Council-Manager approach had early success o Association with urban-planning interest group -- led the public-relations campaign that established community support for a successful pedestrian mall in Boulder, Colorado 4FR 3 1992 1 CITY OF SOUTSLAKE O of (name of board. Comm � APPLICATION FOR APPOINTMENT TO'- Committee) : At) �, S • !V use a separate app ication or each aPPolntment esire ) � �rc.0 Name: ( , L,4 M� �/2- ' So I�L 3 Address: /L�u years in City: Rome Phone: phone: MMployer: or counittee experience ard, coa Mis l l Current and I? pre us 2fl � in the City of Southlake: N on this board, _ corimission, or deiring to serve oals, and duties of ' Reasons for � to the purpose, g and your opinion as 0 01=ittee, 17� F cne: S � _D iT� �d2 r�2 r" � a � lip l serving in ,al.S i �c�t Cc� TILL assist you in ezience that would a-- _ and exp NL,� Nc lL, �� Qualifications x ^ s (LS this position: LJ jry 1 gL=IMOrn., P03 V 9X A -,-) 0)T1,- - your regular attendance and Do you understand and are agree that that noncompliance `3 ointee and could an aPP required as support the board'- result in removal atirom on or comments: Additional inform Secretary' s Office. to the City After that completed form year. information f ile for one the inform Please return thiswill be kept on and updatea ointment. Each application to reapply time it will be necessary to be considered for PP herein if you wish to continue � Date: Signature: � - 9 Q �M OCT 2 51991 CITY OF SOUTHLARE OFFICE OF CITY SECREARYJ" APPLICATION FOR APPOINTMENT TO: (name of board, commission, orV committee) : 2/0 ol 2 (use a parate applicjtion for each appointment desired) Name: 0Zj Address: B Lot L. (2 9 Z, Home Phone: R/ 7- 4Z,P/- R n 1, S Years in City: �1 Employer: 70.#.n .s 13, )9 r, 6Id �, nr,s'f. ��c. Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: �rt v 1. o U s 'Z t ".S Ca Lo o r h e.A.S r, (l Yn kn t Reasons for desiring to serve on this board, cormission, or committee , and your opinion as IIto the purpose, goals,,1 and duties of 11 same: _� ould 1 ; h key +o r l p TO ' '4 " e) ci h a L U 00 ` (* OnL Pit, 4 �r eu.) 4 h - Qualifications and experience that would assist you in serving in this position: l-T.p �r His �� „ � o-t" ��r)� 7� �►�a �<. . �, d✓� 0 G a Yu c f ` 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? Additional information or comments: U-i" 17 t eh m S:t!?/ 10/0 » te�►-/ .40 Z D n , n C r2 4 t� � v M t H T S l Q 2 / L,,j ou l (fie.'e.h1 i In 2.r T`y Plu a�i�i c.� -�or ��iS Jo OJ' i '�' ► o� / 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 you " sh to continue to be considered for appointment. Signature : C Date: fit CITY OF SOUTHLA�CE fitrtil 2 V 1991 I---x�� e^ C--- Ci S;:C:.r:? Y APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : (use a separate application for each appointment desired) Name: Address: Home Phone: -/9. - ;xc -7 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, commission, or committee , and your opinion as to the purpose, goals, and duties of same:_ Board of Directors Big Brothers of America Land Conservation- Trout Unlimited- Ducks Unlimited * To improve the quality of life for Southlake an Qualifications and experience that would assist you in serving in this position: B.S. University of Wyoming- Psychology T o 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 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 : yam-- ii I!MAY281991 DJq CITY OF SOUTHLAXE , OFFICE OF ! CITY SECMTA§y APPLICATION FOR APPOINTMENT TO: (name of board, commission, committee) : Planning and Zoning Commission (use a separate application for each appointment desired) Name: William A. Towler Address: 1470 N. Kimball Ave. Southlake 76092 Home Phone: (817) 488-2383 Years in City: 2f++ 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 same: It is time to begin giving back to the community. I ` believe T have the backer ,nd a i ll a anc3 knQX1 Pdr_TP te) *"pup a very nnsitive rnntribution to the rnm . --i - ThP anal is to assist the City Council in making orrect arc-,, h dP[ i ci nra fnr sn„thla Qualifications and experience that would assist you in serving in this position: Six years experience as Executive Vice President o= Rattikin Title Company ( 1971 77) Ten years experience in Commercial _ Banking in North Carolina ( 1960-70) For last eleven years . T _haye owned and manacled 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: 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: - -/L CITY OF SOTTT.AKE APPLICATION FOR APPOINTMENT TO: (name of board, commissi� ;:�e' committee) : ,Cal 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: (8171 488-5184 Years in City: 4 years Employer: CIGNA Insurance Co. _ Phone: 1214) 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 bQdv- I am 43 years old a vrofessional business man and simgjy 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 share the belief that there must be some order of fairness and consistency of purpose guiding the growth of a city, to ensure the best possible lifestyle for the citizens now and in the futures Qualifications and experience that would assist you in serving in this position:18 years in a management uosition budget ,Rla_nning 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: Note: To provide more information about me, I have attached my resume. �r-- 3 GERALD 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 I can make a noteworthy contribution to an organimdon's profit and growth. QUALIFICATIONS: Eighteen years experience including: - Human relations - Training Teaching - Interviewing - Budge4 developmen 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 Traineellntem, 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. MAR2,05 1991 CITY OF SOUTHLAKE OFFICE OF CITY SECRETA R). APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : Planning & Zoning Commission (use a separate application for each appointment desired) Name: Greaory S. Jones Address: 1365 Cross Timber Drive Home Phone: 481-52Q8 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, commission, or committee, and your opinion as to the purpose , goals, and duties of same: I a.m. 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 %ar all i ci n i n �a . 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: 3 / '17- CITY OF SOUTHLAKE ' r.-- APPLICATION FOR APPOINTMIENT TO: (name of board, commis�ian committee) : Planning 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 Self-Employed (Re/Max 114-Broker phone: 329-3500 Employer: T��....L..�.., 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 de_iring 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 C'liih r siclent T havP aarized an tha Rnmra of ni rant-nrs fnr t-hP 4T. Women' s Chamber for four vears 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_ Date: March 1, 1991 MAY4 1991 �D CITY OF SOUTHLAKE OMF C£ OF �Yr , APPLICATION FOR APPOINTmENT TO: (name of board, committee) : ! llcation for each appointment desired) (use a separate aPP Name: �'�✓N I G tZ y Address: U ears in City: �5jS6 Home Phone: ' �L �= S Phone: Employer,. y ` ' or committee experience s board, commission, Current and/or previou in the City of Southlake: G � this board, commission, or for serve on and duties of desiring to pals , Reasons purpose , g and your as to`� P�-r- committee , r opini 'Doc 6 1,"E 7V same'. _ f'�Sv:j✓ i -T h ,E C serving Qualifications and experience that would assist you ir.�OS f�/GN5 Position: F�P�i`. /F�. L � ✓��6 this p e z jcl S . feu('` � wFST . our regular attendance and active Do you understand and agree that y liance could support are required as an appointee and that noncoMp result in removal from the board? Additional information or comments: Secretary' s Office. completed form to the City year. After that on file for one (1) Y Please return this and update the information Each application will be keptto reapply ointment. time it will be necessary if You wish to continue to be considered for aP herein Y L Date: signature. L11Y� lu N OV 151991 OFFICE OP CITY OF SOUTHLAKE CITY SECHETRAVL) commission, or 'T,lENT TO: (name of board, APPLICATION FOR APPOli`' committee) : ,4,Jp o� - �e ch°PAl Polntment desired) lication 11111111 for (use a separate aPP Name: Address: /� 0 ' ' Years in City: Home -Phone: s Phone: �- �1 or committee Current and/or P experience Employer: cossion, previous board, mmi ,Aj in the City of Southlake: on this board. commission, or desiring to serve and duties of _irin9 goals , Reasons for � inion as to the purpose , and your oP committee, �Ei✓T same: serving in experience that would assist You in Qualifications and 7T this position: �- and active a ree that your regular attendance noncompliance could Do you understand and g appointee and that support are required as an PP resu lt in removal from the board-' ig-' Additional information or comments: Secretary' s Office. to the City After that completed form one (1) year. Please return this file for date the information lication will be kept on and up Each aPP to reapply ointment. time it will be nececont nue to be considered for appointment- time herein if you wish to Signature• ears, my family uthlake over the past three y have had imme- These changes Asa resident of they changes that hav Of So e occured- property values- and i have sQenra range of f ects upon our fives ass to as o wi within a corridor di ate and long is located t ed Proximity to both DFW _ rapid expansion due to the p for the child- which that in minbt�Yt�facpt that our Y and Ihedeslrability which wil undoubtedly here a I feel and Alliance airports,our rural atmosp indent School Districts I ren of new famiilesto attend Carroll IndeP rang goals of our city- that 1 can ose contribute greatly to the long quality commercial and rest e rurial al atmos- hopef ully, will be to attract q time preserving a to expect f rom goals, while at the samehave come developernent to the cif ea, we , as a community phere and quality Southlake. aswith any City board and Zoning Commissi°n+ The members of the Planning loafs all inform hose and di data } should strive to unbiasiy dlssem assing or committee, making itosdecislon and then P rovai. With this it receives+ collectively kityCoundi for final 8PP growth that will ,ions and InformaetlC of Soy hl ke will see a Positive attitude I f eel th City be benef ici ai to us ali- Airlines PilotsAssoclation board of directorsresP°n- M ember of the Southwest gal ni ng agent f or ble for initiaing SWALPA as Iz sole byr the NlatlonaLabor Relations si r Southwest Airline--. 9 Board and Railway Labor Ate• Airlines Pilots Association Contract tee, mandated to seek a collective bargaining agreement Former ChairCommit the Southwest clots Negotiating Airlines and It's p between Southwest ciation, Piano, Estates H o�� on of dues and Secretary T reasurer of the Parkway oiicies, for the 300 members Texas D sail n9 with Executive Board p remittances for homeowner and association expenses god CITY OF SOUTHLAKE F!3201992 OFFICE OF APPLICATION FOR APPOINTMENT TO: (name of board, c0.Gj",%.ZL%UET_qRV committee) : (use a separate application for each appointment desired) Name:- Address: Home Phone: Years in City: ( (, Employer: Phone: Current and/or previous board, co:rm�ssion, or Committee experience in the City of Southlake: 11-L-3 LIP:Reasons for desiring to serve on this board , commission, or committee, and your opinion as to the purpose , goals , and duties of same:'�' C :��.��t�S�`�:.� /C/.:,-r,,.1U LA-e:� 61 1'�'�e�', °�+�i �� (,a..•�..Y... _� �c..'v\tit. 1��:� r�u� Y)L 1. �.111 � `,o �.Gl L. .T �}, r�;- Qualifications and experience that would assist you in serving in this position , -,1 � l �� C��L '�� <.�, lLl� 4, r'�=-�� -1Tt r �, k-�=:� ?�_ ) :�U �..!� Ems+') �S o t,.-''1r� t1.�.C�c .1 ; r-•�t 0 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? 46 • 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. Date: Signature: /_. _ MAY6 1992 -:w-- OFFICE OF CITY OF SOQTHLARE .CITY SECRETAR APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : use a separate app ation f or each appointmentdesired) Name: Re ,- Address: l� I `-/ , )CocLW— Home Phone: L4 Y/ 2 _'. 7 r Years in City: Employer: 'Y� ;; ,�,.. Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: /1 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: -}-u e v rL-�tv r 1 Qualifications and experience that would assist you in serving in this positiont:- e.� a-H"aW` c:Qe��el�m�e. coo op A)"A f tju 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? C�r� Additional in ation or continents: Please re n 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: �fZ�'�-� Date: City of Southlake,Texas I M E M O R A N D U M I May 15, 1992 i TO: HONORABLE MAYOR GARY FICKES AND COUNCILMEMBERS I FROM: Sandra L. LeGrand, City Secretary i SUBJECT: Resolution No. 92-20, Appointments to Board of Adjustments I I Resolution No. 92-20 allows for appointments to be made to the Board of Adjustments . Currently the terms of red Joyce and Ernest Johnson, regular members, and Dennis finder, Arternate 1, have expired. They have all quested ` o be considered for reappointments, as indicated in their correspondence in your packets . If you have questions, please do not hesitate to contact me. /sl / i N� I � I I i i i City of Southlake,Texas RESOLUTION NO. 92-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENTS: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11 . 02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the two year terms of two (2) members and one ( 1) alternate member have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2 . That currently the term of Fred Joyce and Ernest Johnson, Regular members and Dennis Minder, Alternate #1, have expired. Section 3 . That under this Resolution, the following persons are hereby appointed to the Board of Adjustments, for terms to expire l on May 1, 1995 . 1 . 2 . 3 . Section 4 . That 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 �-z City of Southlake,Texas — Resolution No. 92-20 Appointment to the Zoning Board of Adjustments page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas i I i I I I -3 Q� P 1 99April 2 , 1992 AR2 OFFICE OF MY SECRETARX i Dear Mts.LeGrand This is to inform you that I would like to continue serving on the Zoning Board of Adjustments for another term. rred �oy - � APR161992 -- OFFICE OF 9c -s - 1351 Estella flay APR 30 1992 Southlake, Texas 76092 OFFICE QF (e17) 4e1-5B32 CITY SECRET R April 32, 1992 Ms. Sandra L. Le6rand City Secretary City of Southlake Southlake, Texas 76092 Dear Ms. LeGrand: Per our discussion, please consider this letter as my application for a position on the Planning and Zoning Commission. If it is not the Council's pleasure to appoint me to the Commission at this time, I would appreciate being considered for reappointment to the Zoning Board of Adjustment. My service to the City of Southlake includes the following: o Vice Chairman, Zoning Board of Adjustment o Vice Chairman, Southlake-Trophy Club Merger Committee o Media Chairman, Southlake Citizens for Better Roads o Member, Capital Improvements Advisory Committee Please see the Attachment for a list of other qualifications. I have recently retired from IBM after more than 30 years of service and will be able to invest the time it takes to ensure a dispassionate review of the planning and zoning issues facing the City in this time of significant growth. I as convinced of the wisdom of defining and then refining and implementing strategic plans, and I would welcome the opportunity to join in that process. I acknowledge the attendance and participation requirements of service on a City commission or board. Sincerely, Ernest P. Johnson Attachment: Ernest P. Johnson / Qualifications o Liberal-arts education (B.A. in Mathematics and M.A. in Journalism) -- academic preparation to be a generalist in a wide variety of endeavors 0 30 years with IBM in ,jobs demanding a keen, timely analysis of business, technical, and communications problems -- practical experience in the business world (In last assignment before retirement, responsible for a "Quality" business process spanning Development, Marketing, and Service operations for all IBM United States customers) o Articulate communicator -- skilled at presenting complex ideas to diverse audiences o Consensus builder -- adept at fashioning compromises from apparently divergent points of view o Long-standing interest in the mechanics of local government -- grew up in central Virginia, where the Council-Manager approach had early success o Association with urban-planning interest group -- led the public-relations campaign that established community support for a successful pedestrian mall in Boulder, Colorado �C - 7 jflj t. •� CITY OF SOQTHLAKE - APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : use a separate application for each appointment desired) Name: p S(' Address: I ,Z t y Lc.'o� C Home Phone: �,� -Z Z- z�� Years in City: Employer: }21 ld,_A!D �1/ �� Phone: J, `!�y Current and/or previous board, commission, or committee experience in the City of Southlake: !il u - Reasons for desiring to serve on this board, commission, or , goals, and duties of committee , and your opinion as to the purpose same: Qualifications and experience that would assist you in serving in this position: / ' ZU�� 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? 4�� Additional information or comments: • ' s office. Please return this completed form to the City Secretary After that Each application will be kept on file for one (1) year. time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. `��.'vv' v Date: •�—� `� Signature: 9C -Y City of Southlake,Texas M E M O R A N D U M May 15, 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary 1 No. 92-22 Appointment to C.O.N.E.T. � SUBJECT: Resolution . PP Resolution No. 92-22, allows for the appointment of a Council Representative to C.O.N.E.T. (Cities/Chambers of Northeast Tarrant County) . Currently Councilmember Barry Emerson serves in that position, with Michael Barnes, Director of Public Works serving as the Alternate Member. The annual membership dues to C.O.N.E.T are $25. and provide the City with one vote in the deliberations of the organization. The meetings are usually held on the third Thursday of each month at 3 :00 p.m. , with the location rotating from City Hall to City Hall around the County. If you have questions, please give me a call and I will attempt to answer your questions . i /sl i laity of SoUtnlaKe, i exas -- - -- - - - RESOLUTION N0. 92-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A REPRESENTATIVE TO C.O.N.E.T. ; PROVIDING AS EFFECTIVE DATE. WHEREAS, C.O.N.E.T (Cities/Chambers of Northeast Tarrant County) is an organization formed to- lobby for more highway funds in this area; and, WHEREAS, it is suggested that the Representative is hereby deemed to be a Representative of Council and the Alternate Representative be a member of the City Staff. WHEREAS, the organization is represented in voting by member cities on an equal basis, each city having the same voice; and, WHEREAS, the selection of representatives from Southlake for 1992-1993 is necessary; 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 appoints to serve as Council Representative, and , to serve as Alternate Representative, to serve 1992-1993, under this I resolution. Section 3. That the appointments are to become effective upon approval of this resolution by the City Council . PASSED AND APPROVED this the day of , 1992 • CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor City of Southlake,Texas Resolution No. 92-22, Appointment to C.O.N.E.T. page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas City of Southlake,Texas M E M O R A N D U M May 15, 1992 TO: HONORABLE MAYOR GARY FICKES AND COUNCILMEMBERS fFROM: Sandra L. LeGrand, City Secretary I SUBJECT: Resolution No. 92-23. appointments ointments to Teen i Court Advisory Committee Resolution No. 92-23, allows for the appointment by City Council of one ( 1) Councilmember and two (2) citizens to the Teen Court Advisory Committee, for one ( 1) year terms. Currently, Jon Michael Franks serves on the Committee, appointed by Judge Brad Bradley. Sally Hall and Cathy Turner are the members appointed by Council last year. I have talked with Sally Hall and Cathy Turner and they both indicated they would like to be reappointed for another year. Councilmember Franks will further express the desires of the committee in regard to appointments . ,,• If you have any questions, please give me a call. `/sl l I I i I 1 City of Southlake,Texas RESOLUTION N0.92-23 THE CITY THE CITY COUNCIL OF HE OF SOUTHLAKE, A RESOLUTION OFTEXAS, APPOINTING MEMBERS To (1) ORY TTEE FOR A ONE TEEN COURT AD PROVIDING ANIEFFECTIVE DATE. YEAR TERM. PRR O Teen Court is a volunteer program which allows I offenders an alternative to justice system; the criminal juvenile misdemeanor WHEREAS, i and, Court allows juvenile offenders the WHEREAS, Teen for their own actions by to assume responsibility service; and, involvement in the judicial udicial process and community jury to a juvenile offenders Teen Court brings Punishment WHEREAS, community for constructive P of the of their peers and to the youths with an understanding their which will provide the realization of their rolls judicial system and a in community; and, Board is comprised of nine WHEREAS, Teen Court Advisory Two (2) citizens One ( 1) City Council member; (9) members; Council; One ( 1) member of the Carroll appointed by the City CISD) and One ( 1) member of the Independent School District Staff ( ointed by the Superintendent of Trustees to be apP an annual CISD Board of Independent School District (4) students of Schools of the Carrolllication to the Board, basis . Upon application the Board; now, Carroll High School are selected by � THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1 the above premises are found ybe true the Section I. nd Al incorporated into correct and are hereby in its entirety. resolution, as if cop' Of the meetings are incorporated into The frequency Committee, and there are no Section 2 • other the Bylaws for the Teen Court Advisory specific q ualification requirement�hefTeenthe CouBoard member, than a commitment to the concept o Council include one The members appointed by the City Section 3 • 2 citizens . ( 1) City Council member and two ( ) 1 . 2 . 3 . 7 --a2 City of Southlake,Texas t Resolution No. 92-23, Teen Court Advisory Committee page two PASSED AND APPROVED this the day of , 1992 • CITY OF SOUTHLAKE, TEXAS i By: Gary Fickes, Mayor ATTEST: v Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas - 3 f City of Southlake,Texas MEMORANDUM AAG�R May 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Director of Public Works SUBJECT: PROPOSED ROAD PROJECTS AND HIGH SCHOOL DRAINAGE i There are three subdivision streets and a drainage project that the Council needs to consider to reconstruct and install respectively. The three streets are Post Oak Trail, Cypress Creek and Jellico Circle. These streets have failed to the point that reconstruction is the best economical solution. To reconstruct these three streets with 6" of lime or cement stabilization and 2" of asphalt will cost approximately $106, 000 to $115, 000. From a visual inspection of the type of subgrade on all three streets, it appears that the above section would be adequate for Jellico Circle. Post Oak and Cypress Creek will probably need an additional 6" of base material (12" total) to stabilize the road surface. The estimated cost to add 6" of base material to Post Oak Trail and Cypress Creek would be between $30, 000 to $35, 000. Thus the estimated cost will be $136, 000 to $150, 000 to reconstruct all three streets. Staff is in the process of having a soils testing laboratory determine the minimum section that is required. The drainage project to be considered is a ditch located between the proposed new road and the high school parking lot. Because of the existing topography, the ditch needs to be concrete lined or ' have underground pipe facilities installed to keep from duplicating the situation that exists on Carroll Road by the middle and elementary schools. To install the underground pipe facilities would cost approximately $30, 000-$35,000. To install a concrete lined ditch with a portion of the ditch requiring guard rails, would cost in excess of $50,000. Therefore, it would be more desirable to install underground pipe facilities from an economic and aesthetic view point. To widen Peytonville to 36 feet approximately 700' from F.M. 1709 by County forces as scheduled, will cost approximately $15, 000 to $17, 000. The estimated cost range for each of the projects described above is as follows: Reconstruct Post Oak, Cypress Creek, Jellico Circle $106, 000 to $115, 000 Additional 6" of base material for Post Oak & Cypress Creek 301000 to 35, 000 i r Curtis E. Hawk, City Manager PROPOSED ROAD PROJECTS AND HIGH SCHOOL DRAINAGE May 15, 1992 Page 2 Reconstruct 700' of South Peytonville (by County) 15, 000 to 17,000 Install High School Drainage 30,000 to 35,000 $181, 000 $202,000 If approved, these projects would be funded from the Street Reconstruction Budget of $101,000, Perimeter Street Fund of $70,00 and the remainder from the Street Repair Materials Account or the fund balance depending on the amount of funds needed. The projects would be bid separately to allow Council to delete a particular project should the total cost be prohibitive. Please place this item on the Council's next agenda for their consideration. If you have any questions, please contact me. 1W MHB/lc City of Southlake,Texas CITY MANAGER M E M O R A N D U M ' May 15, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: KELLER/SOUTHLAKE INTERLOCAL AGREEMENT - WATER i The City of Keller is in the process of installing a water line within the west right-of-way line of F.M. 1938 from Union Church Road to Keller's south city limits (see attached map) . The only water available at the present is the water lines parallelling F.M. 1938 within Southlake city limits. Under the terms of the agreement, Keller will pay for all cost associated with the installation of the 6" water line from Union Church Road to Bear Creek (Southlake's south city limit boundary) , including a 6" meter and vault. The meter will be placed near Bear Creek so that any existing or future Southlake customers will be upstream from the meter and thus be served by Southlake. This is a temporary connection because Keller will, in the future, bring a water line down Union Church Road and Bear Creek and connect to I their water line. ` Staff has reviewed the agreement and find it acceptable. Please place this item on the Council's next agenda. If you have any I questions, please contact me. ' MHB/lc I I i i i c;wpfdaVnvfodaarlke1kr.wtr f CITY OF KELLER ANNEX ID :817-431-2337 MAY 14 '92 15 :43 N0 .007 P .U"4 KELLER-SOUTHLAKE INTERLOCAL AGREEMENT CONCERNING WATER MAIN CONSTRUCTION ON DAVIS BLVD. (F .M. 1938) This agreement is made this the _____._____ day of day of _ ...._. 1992 , by and between the City of Keller, a home-rule municipal corporation located in Tarrant County, Texas (hereinafter "Keller") , and City of Southlake, a home-rule municipal corporation located in Tarrant County, Texas , (hereinafter " Southlake) . WHEREAS, a portion of Davis Blvd , (F.M. 1938) , from Big Bear Creek to Union Church Road, is located in Southlake;- and 6- WHEREAS , KELLER desires to construct a six inch (6") diameter, C-900 OR 18 PVC water main in the portion of Davis Blvd. that is located in Southlake ; and WHEREAS , KELLER desires to connect this new six inch (6") diameter water main to an existing six inch (6") diameter water main located in Union Church Road; and WHEREAS, this new six inch ( 6") diameter water main will serve residents of Southlake ; and NOW, THEREFORE, upon the mutual covenants , promises and conditions herein , the parties agree as follows : 1 . 1 Southlake shall allow Keller , at its sole cost , to construct a six inch ( 6") water main on Davis Blvd. (F.M. 1938) , from Big Bear Creek to Union Church Rd . and a six inch ( 6") meter and vault . 1 . 2 Southlake shall allow Keller to connect this -six inch (6") - -----------water main-to an existing -six inch ( 6") water main on Union Church Rd . 1 . 3 A metering station and meter vault shall be installed on this six inch ( 6") water main and maintained by Southlake . Meter and vault shall be installed according to Southlake specifications . 1 . 4 The metering station referred to in paragraph 1 . 3 shall be tested at least once a year by an independent testing laboratory approved by both parties . 1 . 5 All repairs on this six inch ( 6") watermain, on the effluent side of the metering station, shall be repaired by Keller. _The six inch ( 6") water line shall _be installed according to Southlake 's specifications . 1 . 6 The location of new- six inch ( 6") water line , meter and vault , at the intersection of Davis Blvd, (F.M. 1938 ) and Union Church Rd . , shall be determined jointly by Keller and Southlake. .Li Ur t.LLLLr- m111ALA 1U . 01i HH1 114 J� L.: -414 HU .UUr KELLER-SOUTHLAKE INTERLOCAL AGREEMENT WATER MAIN CONSTRUCTION ON DAVIS BLVD. Page 2 . 1 . 7 Southlake shall notify Keller in the event that a leak or break occurs in the new six inch ( 6") water main. This will enable Keller to assist Southlake in turning off the affected portion of the water system 1 . 8 The rate Southlake charges Keller for water usage, under an existing prior agreement , shall remain in affect and pertain to this new six inch ( 6") Water main. 1 . 9 Keller shall indemnify and hold Southlake harmless from all claims , causes of action and damages , including attorney's fees and costs , concerning the construction, operation, maintenance or provision of water service through this new six inch (6") Water main. - 1 . 10 Nothing in this agreement shall be interpreted or construed to increase or expand the responsibility or legal obligation of Southlake to provide water service to its residents . REGULATORY APPROVAL 2 . 1 Keller , at its sole cost and. expense, shall take such action as is necessary to authorize the modification of water service as contemplated herein with all applicable regulatory authorities . SIGNED on the date first above written . CITY OF KELLER ATTEST By: Sheila Stephens Allen Bogard City Secretary City Manager CITY OF SOUTHLAKE ATTEST By ., City secretary Mayor l��' 3 122 oc 045 he �--- a , S Ac. h5a 2.DI t4' Ac- IA 1 , IA4 u► _r- _ LA s• J. 7HO 6 6E ! ! I i 83 t SURVEY ST N215O2 CC-- 2A2 T iT �5 1� rt a �{ . L Ac f ►c_ c i Ac L _ ----� — { 6C P J 2A3 -7 �� 1 r--- ; - 2 �, t8t� fBtL i8�a 796 Lc 13 Ac 6E 1 6 F i-6AA 1 6 18 E 36 Ac. &IAc �1- 6F At ! 3AcFD i c 4A 2 p �� !� 1 1 LWIT �2 � Pr'D p�z j G 1AlG.Tr, Lih � E r — Sov��lalLe I � �.�- CARROU Ke( !eJL aY 1ST ( 't 9Ac ' t ! 1 ' 6C oc 4 . I ti B JG I . 2E ` q YEY AS T I 2a - — i �- --�-- --- 1< e�lrr Cl+y LI^- r5 furs Z�_ 7HOWL Page is too large to OCR.