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1992-05-05 CC PACKETCity of Southlake, Texas
TO:
FROM:
SUBJECT:
CITY MANAGER
May 1, 1992
Curtis E. Hawk, City Manager
Michael H. Barnes, P.E., Public Works Director
Modification to SouthRidge Lakes Subdivision (SRL)
phases I -IV Developer's Agreement
At the February 4, 1992 Council meeting, staff presented to Council
a report detailing the history of Sewer Impact and Pro Rata Fees as
they relate to Arvida, developer of SouthRidge Lakes. Arvida is
the developer who installed the S-4 sewer line at their expense.
At that meeting it was determined by Council that it may be in the
best interest of the City and Arvida, if the City would waive
collecting Sewer Impact Fees from SouthRidge Lakes, Phases I -IV and
all subsequent phases, if Arvida would waive all subsequent pro
rata fee's collected from other developers connecting to the S-4
sewer line. The Council directed the staff and City Attorney to
develop such an agreement.
Attached is an agreement between Arvida and the City of Southlake
that waives any and all claims that Arvida has to reimbursement
under Article IV of Ordinance No. 493 (Pro Rata Ordinance), which
provides for developer reimbursement through a pro rata charge
assessed against subsequent subdivisions connecting into the S-4
sanitary sewer infrastructure improvement installed by an initial
developer. The agreement also waives the City from collecting
Sewer Impact Fees on all remaining lots inthemh
h from Lakes of
subdivision for a period of ten (10) ye
acceptance of S-4 sewer line (November 1, 2000).
This agreement does not discharge the City's obligation to
reimburse Arvida for the oversizing costs of the S-4 Interceptor.
The City owes Arvida approximately $67,000 toward oversizing cost
as of the end of March 1992. This will be idto Arvida through
the annual budget over the next three (3) years.
The attached agreement will amend the Developer's Agreement for
Phases I -IV of the SouthRidge Lakes subdivision and will be made
part of all future developer's agreements for SouthRidge Lakes.
Arvida's staff has reviewed the agreement and concurs with its
content.
Staff is submitting this agreement to the Council for their review
and consideration. Please place this item on the Council's agenda.
1�&Al&
MHB/lc
attachment: Modification to SRL, Ph. I -IV, Developer's Agreement
n _l
MODIFICATION TO SOUTHRIDGE LAKES PHASES I, II, III & IV
SUBDIVISION DEVELOPER'S AGREEMENTS
The Agreement set forth below is entered into by and between
the City of Southlake (hereinafter referred to as "Southlake") a
municipal corporation existing pursuant to the laws of the State
of Texas and the undersigned Developer (hereinafter referred to as
"Developer") for the specific purpose of clarifying and as
necessary modifying express or implied provisions in the original
Phase I, II, III and IV Developer Agreements for the Southridge
Lakes Subdivision to the City of Southlake, Tarrant County, Texas.
I.
The City of Southlake is a general purpose unit of government
created pursuant to the laws of the State of Texas and exercising
general purpose police power jurisdiction and development
regulatory control over the area lying within its corporate limits
and the extraterritorial jurisdiction surrounding the City of
Southlake, Texas. The City of Southlake has previously adopted
Subdivision Regulation Ordinances, ordinances relating to the
assessment of pro rata charges for the extension of major public
works infrastructure, such as sanitary sewer collection mains and
appurtenances and ordinances providing for the assessment and
collection of impact fees pursuant to provisions of Chapter 395 of
the Local Government Code of the State of Texas.
II.
The Developer, Arvida/JMB Partners, L.P.-II, are private
developers who have engaged in the development of a major
residential subdivision lying within the corporate limits of the
City of Southlake, Tarrant County, Texas. The development in
- 1 -
C.5-4- -Z
question has been developed through four phases commencing in 1989
and extending through the date of this Agreement. At the inception
of the development process for each of the four phases to the
Southridge Lakes Subdivision, the developers have entered into a
standard Developer's Agreement with the City of Southlake pursuant
to the provisions of the City Subdivision Regulation Ordinance.
The Developer's Agreement in each case set forth specific
requirements for the construction of improvements required by the
City Subdivision Regulation Ordinance and in certain instances
incorporated by reference provisions of related municipal
ordinances or development policies.
III.
The Developer's Agreement for Phase I of the Southridge Lakes
Subdivision to the City of Southlake specifically provided that a
major sanitary sewer collection line denominated the S4 line would
be required in order to provide public equivalent sanitary sewer
service to the Southridge Lakes Subdivision. The S4 line did not
exist at the time that the developer presented his preliminary plat
and development plans for consideration by the City of Southlake.
In negotiating the Developer's Agreement required by the City
Subdivision Regulation Ordinance for Phase I, the City and the
Developer jointly agreed that if the Developer would install the
S4 sanitary sewer line to allow development to be initiated on
Phase I of the Southridge Lakes Subdivision, the Developer would
be entitled to enjoy the benefits of the approach main or pro rata
ordinance then being considered for adoption by the City of
Southlake.
IV.
In early 'January, 1990, the city council of the City of
Southlake adopted Ordinance No. 493 which established by ordinance
the pro rata rebate system which had previously been incorporated
by reference in the Phase I Developer's Agreement for the
Southridge Lakes Subdivision. Under the terms and provisions of
Article IV, of Ordinance No. 493, a developer who installs a major
sanitary sewer collection line outside the perimeter of his
development and tying to the main sewer collection system shall be
entitled to pro rata reimbursement by subsequent developers who tie
onto the system. The amount of pro rata reimbursement available
shall be equivalent to the percentage of line capacity to be used
by subsequent developers who will tie into that sanitary sewer
collection line. The S4 sewer line constructed by the Developer,
ultimately cost $488,908.00. The Developer has been determined to
be chargeable with 31 percent of that total cost based upon the
ultimate build -out plan presented by the Developer. The Developer
is, therefore, entitled to receive $341,545.00 in pro rata
reimbursements under the terms and conditions of Ordinance No. 493.
Ordinance No. 493 specifically provides that a Developer is
entitled to reimbursement only from development that occurs within
a ten (10) year period following the installation of the
improvement for which reimbursement will be made. As of the date
of this Agreement, the Developer has been reimbursed $38,460.00
for subsequent development which has tied into the S4 line. The
Developer is presently entitled to $303,085.00 additional dollars
in reimbursement if subsequent development tie-ins are made to the
3 -
S4 line within the remainder of the ten (10) year period.
V.
In 1986, the City Council of the City of Southlake, adopted
its initial impact fee or capital recovery fee ordinance made
applicable to all development within the corporate limits of the
City. Under the terms and conditions of this ordinance, a $500.00
per lot fee for the provisions of sanitary sewer services would be
assessed and collected for all lots created by subdivision
activities subsequent to the effective date of this ordinance. On
the 7th day of August, 1990, the City Council of the City of
Southlake adopted Ordinance No. 510 which established a new impact
fee system and assessment pursuant to the provisions of Chapter 395
of the Texas Local Government Code. The terms and conditions of
this Ordinance established an impact fee assessment of $1,000.00
per lot for sanitary sewer system improvements for each lot platted
of record subsequent to the effective date of the ordinance.
Pursuant to the constraints imposed by Chapter 395 of the Texas
Local Government Code, Ordinance No. 510 abated the assessment and
collection of the fee'for one (1) year on lots already existing of
record, but for which building permits had not been sought at the
time of the adoption of Ordinance No. 510.
VI.
The pro rata fee assessments made upon new subdivision
development through which the Developer would be reimbursed for the
construction of the S4 sewer line are assessed and collected at the
time of subdivision platting from the subdivider. The impact fee
assessments established pursuant to the provisions of Ordinances
- 4 -
JFa - .S
No. 330 and 510 of the City of Southlake are collected at the time
of building permit issuance and are levied against the builder who
is securing the issuance of a building permit. The Developer
("Arvida") has found itself in the situation in which it is
entitled to recover pro rata charge reimbursements from other
subdividers who are tying onto the S4 line while, at the same time,
it remains liable to the City of Southlake for the assessment of
various impact fees which will be collected from individual
builders who secure building permits for lots within the
development. The City and the Developer have worked at great
length to try and develop a system under which an orderly
accounting and reconciliation can be made of the various payments
flowing through and between the parties. The development and
maintenance of such a system has proven unwieldy and possesses a
great deal of uncertainty due to the ten (10) year limitation
period on the eligibility of the Developer for rebates under the
pro rata ordinance. The City and the Developer have each agreed
that it would be in the best interest of all concerned to modify
the Developer Agreements for all Phases of the Southridge Lakes
Subdivision to eliminate the uncertainties and accounting
difficulties created by the pro rata rebate and impact fee
assessment systems.
VII.
The parties to this modification agreement have jointly agreed
that the Developer ("Arvida") hereby waives any and all claim that
it has to reimbursement of future fees paid under Article IV of
Ordinance No. 493 which provides for developer reimbursement
- 5 -
through a pro rate charge assessed against subsequent subdividers
tying into the S4 sanitary sewer infrastructure improvement
installed by an initial developer. It is the understanding and
belief of the parties that the amount of money still due and owing
the Developer under the terms and conditions of Article IV of
Ordinance No. 493 for the S4 line is approximately $303,085.00.
The parties have further agreed that the City of Southlake, in
consideration for the waiver of a claim for reimbursement of pro
rata fees by the Developer, hereby waives its right to collect all
sewer impact fees on any and all remaining lots in the Southridge
Lakes Subdivision providing that a building permit for a permanent
structure is taken out on each such lot prior to the 1st day of
November, 2000. It is the intent of the parties that this waiver
of a right to collect sewer impact fees by the City shall extend
to and include sanitary sewer impact fees assessed or collected
under the provisions of Ordinances No. 330, 510 or any subsequent
ordinance which seeks to amend or modify these ordinances. The
parties intend by this Agreement for the remaining lots in the
Southridge Lakes Subdivision to be exempt from the collection of
any sanitary sewer impact fee if a building permit is taken out
prior to November 1, 2000. In the event that a lot exists of
record on November 2, 2000, and a building permit for a permanent
structure has not yet been taken out for that lot, then that lot
shall not be approved for the issuance of a building permit until
any sanitary sewer impact fee which has lawfully been imposed upon
that lot by a valid municipal ordinance has been paid. The intent
of the parties is to exempt lots in the Southridge Lakes
,5- cL - 7
Subdivision from the collection of sanitary sewer impact fees for
the same time period during which the Developer would have been
entitled to receive pro rata reimbursement under Ordinance No. 493
from subsequent developers who tie into the S4 sewer collector
line.
Under the current fee structure, the parties believe that if
the impact fees referred to above were collected during the course
of the development of the Southridge Lakes Subdivision, builders
seeking permits on all lots to be subsequently developed within the
subdivision would pay approximately $223,000.00 in impact fees,
absent this waiver. As specific consideration for the waiver by
the Developer of his right to reimbursement of pro rata fees under
Ordinance No. 493, the City hereby agrees not to collect these
sewer impact fees. The City also waives any rights to assess the
Developer any further pro rata fees for the construction of
sanitary sewer improvements to the extent that these pro rata fees
relate to the development of the Southridge Lakes Subdivision. It
is the understanding of the parties that this Agreement extends to
and includes all phases of the Southridge Lakes Subdivision as it
is to be developed within the City of Southlake. In the event that
the Developer should undertake some other development project
within the City other than Southridge Lakes Subdivision, Developer
would be subject to whatever fees were lawfully imposed for that
specific development project.
VIII.
It is agreed by and between the parties that the waiver by the
Developer of rights for the reimbursement of pro rata charges under
- 7 -
,�a - g
Article IV of Ordinance No. 493 is not intended to include a waiver
of rights to reimbursement by the City for the requested oversizing
of lines as a part of the S4 system. The City specifically agrees
that it is not accepting this waiver as a release of its obligation
to pay for the oversizing of the S4 line pursuant to the oversize
repayment provisions set forth under the terms and conditions of
Ordinance No. 493.
IX.
The City and the Developer each intend that the provisions of
this Agreement shall supersede where applicable those provisions
contained in the Phases I through IV Developer Agreements for the
Southridge Lakes Subdivision to the City of Southlake. It is
further agreed by and between the parties that this Agreement is
intended to supersede any specific provision of any prior written
agreement between the Developer and the City concerning the
Southridge Lakes Development which would be in conflict with the
terms and conditions of this Agreement. The terms of this
Agreement will be applicable to all future phases of Southridge
Lakes Subdivision and any subsequent Developer's Agreements.
X.
This Agreement is wholly performable within Tarrant County,
Texas and the parties agree that Tarrant County shall be the
appropriate venue for any legal action undertaken in furtherance
of the enforcement of this Agreement.
- 8 -
m
Executed and effective this day of , 1992•
slake\arvida.agr
CITY OF SOUTHLAKE
By:
ARVIDA/JMB PARTNERS, L.P.-II
BY:
9 -
e
VIl)/ OT,OUinlaKe, I VXd5
M E M O R A N D U M
April 22, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 92-08 Zoning Change Request/11S-P-2" with 11B-2" uses
REQUESTED ACTION: Zoning change request and concept plan approval for 5.43
acres out of the John A. Freeman Survey, Abstract No. 529 and
legally described as portions of Lot 1, Miron Addition and
Lot 2B of the Gorbutt Addition
LOCATION: South of the property at 1675 E. Southlake Blvd.
OWNER/APPLICANT: Robert W. Miron
CURRENT ZONING: 11C-2" Commercial-2
REQUESTED ZONING: "S-P-2" Generalized Site Plan District with certain "B-2"
uses which are listed on the plan. A copy of the district
regulations are attached and the requested uses have been
circled.
LAND USE CATEGORY: Mixed Use and Transitional Land Use (adjacent to low density
residential uses)
BACKGROUND INFO: On December 17, 1991, the applicant withdrew his 11B-2"
request.
NO. NOTICES SENT: Two (2)
RESPONSES: One (1) opposed: John Napper, representative for Smock &
Husseini J.V., property owner to the West. See attached
letter.
P & Z ACTION: April 9, 1992; Approved the "S-P-2" request and concept plan
subject to the Plan Review Summary dated April 3, 1992 and
further requested that the area shown as "gravel" be replaced
with concrete.
COUNCIL ACTION: April 21, 1992; Approved (6-0) First Reading, Ordinance
No.480-67 with the attached concept plan subject to the Plan
Review Summary dated April 16, 1992 and adding recreational
vehicle and boat storage as permitted uses for Lots 2, 3, and
4.
STAFF COMMENTS: Attached please find the Second Plan Review Summary dated
April 16, 1992.
7A- I
Curtis E. Hawk, City Manager
ZA 92-08
April 22, 1992
Page Two
M
KPG
OR
During the previous zoning request, concern was expressed
about masonry requirements in the "B-2" district. The
current Masonry Ordinance No. 557 requires masonry material
on 80% of all walls in the 11B-2" district.
In response to the issue of outside storage, Section 38.4
provides that "outside storage of items not for sale or for
the purpose of manufacture or assembly shall only be
permitted in the C-4, B-2 and I-2 districts."
Screening requirements for the outside storage shall be in
addition to the bufferyard requirements for the "B-2"
district. The screening device shall be constructed solely
of masonry, wood, or concrete or shall be any dense hedge or
plant material that is properly maintained in a healthy
growing condition. This screening device shall be at least
six (6) feet in height, but no more than eight (8) feet in
height unless otherwise approved.
7 A-2
IR
SECTION 25
B-2 COMMERCIAL MANUFACTURING DISTRICT
25.1 PURPOSE AND INTENT - This is the highest intensity business
zoning district found within the City of Southlake and is
intended to provide for the development of the most intensive
commercial uses and those uses utilizing outdoor storage,
display and limited fabrication. This use is not intended to
be placed contiguous to or within close proximity to property
carrying a residential zoning classification. This zoning
category is a transitional zone between general commercial
activities and industrial level activities. These sites are
not designed to be located contiguous to residentially zoned
properties and should be located in such a manner as to
preclude the necessity to transit through residentially zoned
areas to reach these sites. This zoning category is
appropriate only along major arterial thoroughfares or in
areas suitable for light industrial development. The category
exists in order to allow the City to permit highly intensive
commercial activity without the necessity of permitting those
uses allowed in an industrial district. This zoning category
will have environmental dysfunctions that could negatively
impact surrounding development and therefore, should be
carefully sited to avoid the creation of land use conflicts.
This zoning category is not appropriate for environmentally
sensitive areas of the community. The B-2 Commercial
Manufacturing Zoning District is intended to provide a
location for wholesale warehousing and storage when such
activity is a portion of a traditional business activity.
25.2 PERMITTED USES
a. Commercial Uses.
lO Any retail establishment which sells used or
previously owned merchandise with the exception of
bona fide antique dealers or dealerships and used
motor vehicles.
2. Auto painting facilities.
3. Automobile and motorcycle sales or rental
establishments, provided that no such establishment
shall exceed two (2) acres in size. Automobile body
shops, brake shops, glass shops, seat cover and
upholstery shops and transmission shops. Garages,
storage and repair.
4. Automobile repair/service; oil & lube shops; muffler
shops.
7A-3
IN
5. Boat sales, service and repair; recreational vehicle
storage/sales.
S
Builder's supply, stores or outlets providing that
all materials are contained within a building.
7. Bus stations.
OCafe or restaurant supply dealers for fixtures.
9. Commercial warehouse facility, providing that each
individual warehouse structure does not exceed
twenty thousand (20,000) square feet.
10. Farm implement sales and service.
11 Frozen food lockers without size limitations.
12. Janitorial or cleaning services.
13. Mini -warehouses - a totally enclosed facility
involving one or more buildings and multiple
individual units, the purpose of which is
exclusively storage of goods. Retail or wholesale,
offices, manufacturing, fabrication, service, repair
or any other type of commercial or business
enterprise is expressly prohibited from this type
of facility. Storage of hazardous or flammable
materials as designated by the Fire Marshal is
expressly prohibited from this type of facility.
14 Nursery yards or buildings for retail sales and
landscaping companies, provided that incidental
equipment and supplies are primarily stored within
a building or enclosed within a screening device.
Nursery products themselves may be grown, raised,
stored and marketed outdoors. The outdoor storage
and sale of nursery products shall be exempt from
all other outdoor storage and screening requirements
contained within this ordinance. These products are
established as an exception to all other outdoor
storage and screening requirements as by their very
nature they assist in meeting the landscaping,
screening, buffering and open space goals of the
City. (As amended by Ordinance No. 480-C.)
15. Pest control services.
06- Produce markets.
17. Rental equipment store, provided that all such
equipment offered for rent is contained within a
building.
U-4
18. Retail activity of a service nature designed to
provide direct service support to the businesses
and employees who occupy the remainder of the office
complex. This would be limited to those activities
which are clearly supportive of office operations,
such as food service in the nature of cafeterias or
snack bars, news stands or gift shops providing
reading material and small, consumable sundries,
pharmacies or drug stores, particularly when co -
located with medical or medical related office
facilities, office supply stores or outlets
providing support to businesses within the complex
itself (stores operating under this provision shall
not be limited only to sales within the office
complex, but should clearly be aimed at marketing
primarily within the immediate vicinity of the
complex site).
19. Retail uses which are reasonably related to the
principal uses within the structure provided they
do not exceed fifteen (15) percent of the floor area
of the building.
Do- Retail feed stores.
21 Road machinery sales and services (totally within
a building).
D2_ Store fixtures sales facility.
D3_ Truck sales/rental, if in conjunction with the
sale/rental of automobiles.
24. Upholstery shops - furniture.
25 wholesale house, sales office and storage.
b. Community Facility Uses - City hall, police and fire
stations and other municipal uses.
25.3 ACCESSORY USES - In addition to those accessory uses
specifically authorized in Section 34 of this ordinance, any
use may be established as an accessory use to a permitted use
when it complies with the conditions for an accessory use as
defined in this ordinance.
25.4 SPECIFIC USE PERMITS - Specific use permits may be approved
by the City Council following a recommendation from the
Planning and Zoning Commission as specifically authorized in
Section 45 of this ordinance, subject to full and complete
compliance -with any and all conditions required in Section 45,
IA-5
CITY OF SOWHLAKE
APPLICATION FOR CHANGE OF ZONING
Submittal Date: ,3 4 -q2
(W Case Number: ZA Fee: $100.00 Receipt No.-5-9 5 rG
PLEASE TYPE OR PRINT
A. APPLICANT OWNER(S) (if different)
Name:
Agent:
Address: _,T•y- l�Z�'. ��(o�' Telephone:
B. PROPERTY DESCRIPTION:
Legal Description:
( ) Property is unplatted according to the County Deed Records
Vol. Page It is shown as Tract of the
Survey, Abst. No. , City
Tax Records.
A metes and bounds description is attached.
Property is platted and described as:
Subdivision Name: 6
Block , Lot(s) ; Block Lot(s)
( ) Address of Subject Property_
Property Location: �3U`k�jt 0 �� � ���C�
Acreage:
( ) A typed mailing list of all property owners within 200 feet of
the subject property is attached.
( ) A current survey or plat map is attached.
( A concept plan shall be submitted for "CS", "SF-30", "SF-20A",
"SF-20B", "MF-111, "B-111, "B-2", IIHC", "S-P-2" zoning requests.
(Required prior to development site plan submittal, but
optional at the time of zoning request for "0-1", 110-2",
(W "C-1", "C-211, "C-311, "C-411, "I-111, 11I-2" zoning districts.)
( ) A development site plan shall be submitted with zoning requests
in the "MH" and "S-P-1" zoning districts.
IA-4
City of Southlake
Application for Change of Zoning
Page Two
D.
E.
NATURE OF THE REQUEST:
Present Zoning:
Requested Zoning:
Existing Use: �{}('�rOT Proposed Use: .s l
Reason for Requesting the Change: 12�0 1
AUTHORIZATION BY OWNER M :
I (We) hereby authorize the City of Southlake and its employees to
enter upon the premises herein above described at all reasonable times
for the purpose of erecting, maintaining, or removing signs to notify
the public of the pending zoning application and/or public hearing
concerning said application. I (We) release the City of Southlake
and its employees from liability for any damages which may be incurred
to my (our) property in the erecting, maintaining, or removal of said
signs.
I (We) further understand that it is necessary for me (us) to be
present at the Planning and Zoning Commission and City Council public
hearings.
Signature of Owner Name Typed or Printed Date
AUTHORIZATION IF AGENT INVOLVED:
I, QOPERT W. 0))Ra4 , owner of the aforementioned
prope ty do hereby certify that I have given my permission to
�t,Y0 M; to act as my agent for this rezoning
Signature of Owner(s) Name
Before me, a Notary Public, on
Robeyt L) JIIA,LcO is subscribed to the foregoing
he or she executed the same for
expressed.
Giv n under my hand and seal of
9.
RY P L IN AND FOR TEXAS
or ' Prin
to
this day personally appeared
known to me to be the person whose name
instrument and acknowledged to me that
the purposes and consideration therein
office this /I tA day of MQ ►"z:-�-
commission expires the /7" day of M /Ucz 19 •
,,t► L. JEAN BRYSON
. Notary Public
STATE OF TEXAS
'•'« My Comm. Exp. 019,94
1A-q
IN
EXHIPIT FOR
B2 ZONING REQUEST
28 OCTOBER 1991
BEGINNING at a point, said point being South 00 degrees 02 minutes
39 seconds East 214.15 feet and South 89 degrees 57 minutes 21
seconds West 222.21 feet from a 1/2 inch iron rod found, said iron
rod being the Northeast corner of the Miron Subdivision, an
addition to the city of Southlake, Tarrant County, Texas, the plat
of which is recorded in Volume 388-131, Page 24, Plat Records of
Tarrant County, Texas (P.R.T.C.T.), said iron rod also being the
beginning of a curve to the left having a central angle of 18
degrees 02 minutes 29 seconds, radius of 160.43 feet, a tangent
distance of 160.47 feet and a long chord which bears South 05
degrees 01 minutes 15 seconds West 50.31 feet;
THENCE along said curve to the left an arc distance of 50.52 feet
to a point;
THENCE South 04 degrees 00 minutes 00 seconds East 93.20 feet to
a point, said point being the beginning of a curve to the right
having a central angle of 3 degrees 57 minutes 21 seconds, a radius
of 300.00 feet and a tangent distance of 10.36 feet;
THENCE along said curve to the right an arc distance of 20.71 feet
to a point;
THENCE South 00 degrees 02 minutes 39 seconds East 323.76 feet to
a point for corner;
THENCE North 89 degrees 55 minutes 08 seconds West 548.34 feet to
a point for corner;
THENCE North 00 degrees 08 minutes 10 seconds East 313.00 feet to
a 1/2 inch iron rod found for corner;
THENCE South 89 degrees 55 minutes 08 seconds East 170.00 feet to
a point for corner;
THENCE North 00 degrees 07 minutes 31 seconds East 174.83 feet to
a point for corner;
THENCE South 89 degrees 52 minutes 29 seconds East 374.14 feet to
the Point of Beginning and containing 236,690.20 square feet (5.43
acres) of land.
7A-f
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ADJACENT OWNERS & ZONING
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City of Southlake, Texas
M
CONCEPT PLAN REVIEW SUMMARY
CASE NO: ZA 92-08 REVIEW NO: ONE DATE OF REVIEW: 4/03/92
PROJECT NAME: CONCEPT PLAN - Miron Addition/Gorbutt Addition
Request from C-2 to SP2 with B-2 uses
OWNER/APPLICANT:
Robert W. Miron
P. 0. Box 1164
Grapevine, Texas 76051
Phone: (817) 488-2659
Fax:
ENG/PLANNER/ARCHITECT:
J. E. Levitt Engineers, Inc.
726 Commerce Street
Suite 104
Southlake, Texas 76092
Phone: (817) 488-3313
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY
ON 3/16/92 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. Under the existing zoning, note number 4, delete the second item
since this is not a part of the request.
2. Change the bold boundary to reflect only the land requested to be
re -zoned.
3. Delete note 3 as this is not a part of the request.
4. Label the existing land uses for Lots 2-4, Block 1 as "vacant".
5. Label the L.U.D. on all adjacent tracts.
6. Show extent of existing tree cover.
7. 5'-level 'A' bufferyards should be shown along the interior of
Lots 2, 3 and 4 for a total width of 10' between lots.
8. Label the existing zoning (C-2) on both tracts fronting on F.M.
1709.
* A water line extension and fire hydrant will be required to
service the storage buildings prior to issuance of a building
permit.
* All signs and culverts must be permitted separately.
* The applicant should be aware that any revisions made prior to
City Council must be received at the City by April 13, 1992.
All revised submittals should be folded 6" x 9" and include an
8.5" x 11" reduction.
* Denotes Informational Comment
cc: Robert Miron 7A _ l I
Levitt Engineers 1
t,'2' LP.F
67
4v
V�
'2' I.P.F
EAST SOUTHLAKE
BLVD. (F.M. 1709)
t /2' I.P.F.
-
�t/2'
-
I.P.F.
I i 1111
1
�I BUILDING 'JNE T NG
c W
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8
STRUCTUR
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LOT 1
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4}
7800 S.F.
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E
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1
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LJ
z
I
5
Q
1
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LOT 3
LOT
4 i
m'
I
FUTURE EyEI -1 Z G o I C
1
1 Q.
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o
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82 ZONING
BE _ I to et zoN►lNc—
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1
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�W —"I IIII FUTURE I
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7A-12
UCVVCY A-329
1/2' I.P.F.
EbST. 20' U.E. I 650
PVUT. `
T 1 cTUR
199.32• P.O.B.
EXlST1NG � { -
! I
I
LOT 2 : ! LOT
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PROPOSED
CONCRETES j
! PAVING
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Very of ooutniaKe, i exas
CONCEPT PLAN REVIEW SUMMARY
CASE NO: ZA 92-08 REVIEW NO: TWO DATE OF REVIEW: 4/16/92
PROJECT NAME: CONCEPT PLAN - Miron Addition/Gorbutt Addition
Request from C-2 to SP2 with B-2 uses
OWNER/APPLICANT:
Robert W. Miron
P. 0. Box 1164
Grapevine, Texas 76051
Phone: (817) 488-2659
Fax:
ENG/PLANNER/ARCHITECT:
J. E. Levitt Engineers,_Inc.
726 Commerce Street
Suite 104
Southlake, Texas 76092
Phone: (817) 488-3313
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.
* We find the applicant has met all the requirements of our previous
reviews.
* A water line extension and fire hydrant will be required to
service the storage buildings prior to issuance of a building
permit.
* All signs and culverts must be permitted separately.
* Lots 3 and 4 of Block 1 will require concept plan approvals prior
to site plan submittal for any future developments.
* Denotes Informational Comment
'Icc: Robert Miron
Levitt Engineers
1pt-13
WIC
j FAST SOUTHLAKE BLVD. — (F.M. 1709) of
j — -- — -- J.A. MAN RVf'f. A-329
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µ
TY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-67
ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
OMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACK OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING
APPROXIMATELY 5.43 ACRES OUT OF THE JOHN A. FREEMAN
SURVEY, ABSTRACT NO. 529 AND BEING LEGALLY DESCRIBED AS
PORTIONS OF LOT 1, MIRON ADDITION AND LOT 2B OF THE
GORBUTT ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM 11C-2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S-P-2" SITE PLAN DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVVRABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHER��cthe City of Southlake, Texas is a home ru City
acting undets Charter adopted torate uant to
Article XI,t xas Constitution an Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as 11C-2" Local Retail Commercial under the City's Comprehensive
Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
74"Iz.
neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities; location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust; effect on the promotion of health and the
general welfare; effect on light and air; effect on the over-
crowding of the land; effect on the concentration of population;
and effect on transportation, water, sewerage, schools, parks and
other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the
Comprehensive
9Zoning
Ordinance of the City of Southlake, Texas, passed on the
of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 5.43 acre tract of land out of the John
A. Freeman Survey, Abstract No. 529, being legally described
as portions of Lot 1, Miron Addition and Lot 2B of the Gorbutt
Addition, and more fully and completely described in Exhibit
"A" attached hereto and incorporated herein.
From C-2 Local Retail Commercial District to S-P-2 (Generalized)
Site Plan District allowing any use in the B-2 Commercial
Manufacturing District except the following:
25.2a(2) Auto painting facilities.
25.2a(3) Automobile and motorcycle sales/rental.
25.2a(4) Automobile repair/service; muffler shops; oil and
lube shops.
25.2a(5) Boat sales, service, repair; recreational vehicle
sales.
25.2a(6) Builder's supply, stores, outlets; all materials
contained within the building.
25.2a(7) Bus Station.
25.2a(10) Farm implement sales and service.
25.2a(18) Retail activity of a service nature.
25.2a(19) Retail uses related to the principal uses.
The above -described tract of land shall be further subject to the
development regulations set forth in the B-2 Commercial
Manufacturing District and any other restrictions and requirements
set forth on the approved concept plan attached hereto and
incorporated herein as Exhibit "B." A revised concept plan meeting
the requirements of Section 41 of the Comprehensive Zoning
Ordinance Must be submitted to and approved by the City Council
prior to issuance of any building permits.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
'\r 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,
morales 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 water,
parks and other commercial needs and development of the community.
They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and
with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake
are expressly saved as to any and all violations of the provisions
of Ordinance No. 480, as amended, or any other ordinances affection
zoning which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the
courts.
Section 9. The City Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any
violation of any of its provision, then the City Secretary shall
*140, additionally publish this ordinance in the official City newspaper
one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
Section 10. this ordinance shall be in full force and effect
from and after its passage and publication as required by law, and
it is so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1992.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
1992.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:_
EFFECTIVE:
48"7.SPV0RD&JW-%lcb
City of Southlake, Texas
M E M O R A N D U M
April 22, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 92-10 Zoning Change Request
REQUESTED ACTION: Zoning Change Request for Block A, Lots 1, 2, and 3, Kidwell
Addition being 20.8146 acres in the R.D. Price Survey,
Abstract No. 1207
LOCATION: West side of Ridgecrest Drive at Woodland Drive and South
side of Briar Lane
OWNER/APPLICANT: Stephen C. Kidwell and William D. Kaizer
CURRENT ZONING: "RE" Residential Estate (Lots 1 & 3); 11SF-1A" Single
Family-lA Residential (Lot 2)
REQUESTED ZONING: "SF-lA" Single Family-lA Residential (Lots 1, 2, & 3)
LAND USE CATEGORY: Low Density Residential
BACKGROUND INFO: This three -lot addition will be further subdivided to create
five (5) lots from the existing lots. The configuration of
all lots will be changed during the plat revision process.
NO. NOTICES SENT: Twenty-one (21)
RESPONSES: No written responses
P & Z ACTION: April 9, 1992; Approved (5-0)
COUNCIL ACTION: April 21, 1992; Approved (6-0), First Reading, Ordinance No.
480-68
CITY OF SOUTHLAKE
APPLICATION FOR CHANGE OF ZONING
Submittal Date: 3 /4
Case Number: ZA Fee: $100.00 Receipt No. �-g /Z
PLEASE TYPE OR PRINT
A. APPLICANTS cgc,vkJtffOWNERS) (if different)
Name: S65e� en
Address: 3010 kf4ecresf bnlae.
'::�Uuglaki,a , TX 76,a fr
Telephone: L/7)
B. PROPERTY DESCRIPTION:
Legal Description:
�O• �OOC < �c�
C rr�Aey��e 760C/
(Si7) 48b -&/L9/
( ) Property is unplatted according to the County Deed Records
Vol. Page It is shown as Tract of the
Survey, Abst. No. , City
Tax Records.
(i/) A metes and bounds description is attached.
( V) Property is platted and described as:
Subdivision
Name:
1-'b©/ i,1C9AJ
Block A,
Lot(s)
1 2 4 .3
Block , Lot(s)
( ) Address of Subject Property:
Property Location: e; P l'e .9&c Lsk IZ-o —
Acreage: 2 C9
( ) A typed mailing list of all property owners within 200 feet of
the subject property is attached.
() A current survey or plat map is attached.
( ) A concept plan shall be submitted for "CS", "SF-30", "SF-20A",
"SF-20B", "MF-1", "B-111, "B-219, "HC", 11S-P-2" zoning requests.
(Required prior to development site plan submittal, but
optional at the time of zoning request for "0-1", "0-2",
"C-111, "C-2", "C-311, "C-4", "I-111, "I-2" zoning districts.)
( ) A development site plan shall be submitted with zoning requests
in the "MH" and "S-P-1" zoning districts.
76-,zl
City of Southlake
Application for Change of Zoning
Page Two
C. NATURE OF THE REQUEST: Present Zoning: RE *5 F_
I
Requested Zoning:
SF - IA
Existing Use: n Q2'E Y42� Proposed Use:
, J-
Reason for Requesting the Change: j be com pats blc wi f� a�jaccn-t'
Za111 1n9 and p--rmia subd "V151 n 04- / -4Crc. /u� s .
D. AUTHORIZATION BY OWNER(S):
I (We) hereby authorize the City of Southlake and its employees to
enter upon the premises herein above described at all reasonable times
for the purpose of erecting, maintaining, or removing signs to notify
the public of the pending zoning application and/or public hearing
concerning said application. I (We) release the City of Southlake
and its employees from liability for any damages which may be incurred
to my (our) property in the erecting, maintaining, or removal of said
signs.
I (We) further understand that it is necessary for me (us) to be
present at the Planning and Zoning Commission and City Council public
hros. W,0.
P4-1� ff
ur Ow r Name Td Pr' ted Date
E. AUTHORIZATION IF AGENT INVOLVED:
I, , owner of the aforementioned
property do hereby certify that I have given my permission to
to act as my agent for this rezoning
request.
Signature of Owner(s) Name Typed or Printed Date
fir,i, m�9, a otary Public, on this day personally appeared '.
.L . l AL114 W i known to me to be the person whose n e
is subscribed to the foregoing instrument and acknowledged to me that
he or she executed the same for the purposes and consideration therein
expressed. y day of , Given under m hand and seal of office this
196�A.
NOTARY BLIC IN AND FOR TEXAS
My Commission expires the day of hk C"
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-68
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY A 20.8146 ACRE TRACT OF LAND OUT
OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207,
BEING BLOCK 1, LOTS 1, 2, AND 3, KIDWELL
ADDITION, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL
ESTATES (LOTS 1 AND 3) AND 11SF-1A" SINGLE
FAMILY-lA RESIDENTIAL (LOT 2) TO "SF -IA"
SINGLE FAMILY-lA RESIDENTIAL FOR LOTS 1, 2,
AND 3; SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City
acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as "RE" Residential Estates (Lots 1 and 3) and 11SF-1A" Single
Family-lA Residential (Lot 2) under the City's Comprehensive Zoning
Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights
%G-- .P
and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities; location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust; effect on the promotion of health ad the
general welfare; effect on light and air; effect on the over-
crowding of the land; effect on the concentration of population,
and effect on transportation, water, sewerage, schools, parks and
other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the city of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive
Zoning Ordinance of the City of Southlake, Texas, passed on the
19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter
described areas be altered, changed and amended as shown and
described below:
7-e- - f
Being approximately a 20.8146 acre tract of land out of
the R.D. Price Survey, Abstract No. 1207, being Block A,
Lots 1, 2, and 3, Kidwell Addition, and more fully and
completely described in Exhibit "A," attached hereto and
incorporated herein.
From "RE" Residential Estates (Lots 1 & 3) and "SF-1A"
Single Family-lA Residential (Lot 2) to "SF-1A" Single
Family-lA Residential District for Lots 1, 2, and 3.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract
or tracts of land herein above described shall be subject to all
the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified, and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. Any person, firm or corporation who violates,
(W 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.
7,16--id
Section 8. All rights and remedies of the City of
Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning which have accrued at the time of the
effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City, Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any
violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper
one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and
effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1992.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
, 1992.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
480.69/0RD&RF-%&b
MAYOR
7'4-"/f
R
City of Southlake, Texas
IR
RESOLUTION NO.92-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, CANVASSING THE GENERAL
ELECTION HELD ON MAY 2, 1992; DECLARING THE
RESULTS FOR COUNCILMEMBERS PLACES 3, 4, AND
5. PROVIDING AN EFFECTIVE DATE.
WHEREAS, there was held in the City of Southlake, Texas, on
May 2, 1992, a General Election for the positions of Councilmember
Place 3; Councilmember Place 4; and, Councilmember Place 5; and,
WHEREAS, there were cast as said election 817 votes as shown
in the official election returns heretofore lawfully submitted to
the City Council of the City of Southlake, Texas, and. filed with
the City Secretary of said City; and,
WHEREAS, Senate Bill 123 was enacted to require that municipal
write-in candidates file declarations of write-in candidacy. A
write-in vote may not be counted unless the name written in
appears on the list of write-in candidates, and only those
candidates who have filed declarations of write-in candidacy are
entitled to places on the list of write-in candidates; and,
WHEREAS, only duly qualified resident electors of said City
votes in the said election, and said election was called and held
in strict conformity with the laws of the State of Texas; and,
WHEREAS, the results of said election were duly canvassed by
the City Council of the City of Southlake, Texas, on May 5, 1992,
and showed the following results:
COUNCILMEMBER PLACE 3:
JERRY FARRIER ......................491
RICHARD A. ALLEN ...................227
COUNCILMEMBER PLACE 4:
STEPHEN W. APPLE, SR . ..............550
COUNCILMEMBER PLACE 5:
PETER K. SPORRER ...................208
JON MICHAEL FRANKS .................518
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
City of Southlake, Texas
3
Resolution No. 92-13
Official Canvass of May 2, 1992 Election
page two
Section 1. The above canvass be and the same is hereby in all
things approved.
Section 2. JERRY FARRIER is hereby declared to have been
elected to the Office of Councilmember Place 3, for a term to
expire in May, 1995. STEPHEN W. APPLE SR. is hereby declared to
have been elected to the Office of Councilmember Place 4, for a
term to expire in May, 1995. JON MICHAEL FRANKS is hereby
declared to have been elected to the Office of Councilmember Place
5, for a term to expire in May, 1995.
PASSED AND APPROVED this the
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
IN
day of , 1992.
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
SPECIAL CITY COUNCIL MEETING, OFFICIAL CANVASS: MAY 5, 19.92
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
TIME: 6:00 P.M.
AGENDA
1.
Call to order.
2.
Consider: Resolution
No. 92- , all
matte incide nd
related to
t canvassing
o eturns
declarin
a results,o
G ner Election held
on M 2,
1992.
3.
Consider. Resolution
No..9-2=14,
mat i ent and
related t
e assi
rns and declaring
the r
a Bo le
on held on May 2, 1992.
4.
Meeting A rned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, May 1, 1992 at 5:00 p.m., pursuant to the Open
Meetings Act, Article 6252-17 V.T.C.S.
j .�`���,p� H 1�'A,�F
Sandra L. LeGrandV00
City Secretary11411m,4
IM
FIELDING, BARRETT TEL 31 `�0 HF +>> "`
April 28, 1992
Mr. James Sullivan, Jr.
545 North Peytonville Road
Southlake, Texas 76092
Re: Agreement to Purchase Right -of -Way
Dear Mr. Sullivan:
This letter will serve to confirm our agreement regarding the
City's proposed purchase of right-of-way along Peytonville Road.
The City agrees to purchase from you 3,433 square feet of property
at $1.44 per square foot for purposes of acquiring additional
right -of -Way in connection with the realignment of North
Peytonville Road. As additional consideration for this agreement,
the City agrees that for a period of five years from the date of
this letter if the City should revise its development regulations
applicable to your property on North Peytonville Road such that a
building permit may not be issued for the construction of a single
family residence on such property, the City will purchase the
remainder of your property (approximately .6 of an acre) at the
then -appraised fair market value. You understand and agree that
in order to obtain a building permit you will be required to crake
good faith applications to the City to obtain proper zoning,
platting and necessary variances, including a variance 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 your property for the
above -stated price, upon receipt of a written demand from you for
same.
The City of Southlake further agrees that if additional right-
of-way is needed for North Peytonville Road along a portion of the
Brister and Sullivan tracts lying east of the James Sullivan Jr.
tract, the City will pay fair market value for such right-of-way
as long as Mr. Brister and Mr. Sullivan own said tracts; provided,
however, no payment shall be required should Mr. Brister or Mr.
Sullivan choose to plat their property prior to the City initiating
condemnation or other action to acquire such right-of-way. In the
event Mr. Brister or Mr. Sullivan plat the property as provided
herein, the required right-of-way may be acquired by the City
through normal dedication requirements.
-'IELDIyG, BARRETT TEL: 817-560-3953 Apr 28,92 14=07 No.004 F.0
Mr. James Sullivan, Jr.
April 28, 1992
Page 2
If this letter accurately reflects your understandings and
agreements, please acknowledge below.
Very truly yours,
Curtis S. Hawk
City Manager
ACCEPTED AND APPROVED BY:
James Sullivan, Jr.
Date:
sutIiv, ttr
City of Southlake, Texas
M E M O R A N D U M
April 29, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Ordinance No. 480-F: Revision to Section 45
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.
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.
City of Southlake, Texas
Curtis E. Hawk, City Manager
Ordinance No. 480-F
April 29, 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.
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. 430-D):
SPECIFIC USE
I.Sale of alcoholic beverages.
2. Churches, synagogues, temples and other
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.
8C J
0-2, C-1, C-2, C-3,
C-4, 8C, S-P-1,
S-P-2, PUD
LAB, RE, SF-1A, SF-
1B, SF-30, SF-20A,
SF-20B, MF-1, MF-2
FIELDING, BARRETT
t
TEL: 817-560-3953
May 1.92 15:00 No.006 P.02
NO. 4s0-p
AN ORDINANCE AKINDING ORDIN"CE NO. 480, AS AKKNDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTKLARE,
TEXAS, BY REVISING SECTION 45 "SPECIFIC USE PERXITSe TO
PROVIDE FOR THE LOCATION OF CHURCHES, DYNAAOGUES, TEMPLES
AND OTHER SIXILAR FACILITIES FOR WORSHIP IN ALL ZONING
DZOTRICTO, PROVIDING TMkT TRIO ORDINANCE SHALL Ha
COMULATM OF ALL ORDINANCES; PRDVIDING ]l SEVER#BILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS $BREOPI
PROVIDING A SAVXVGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFIC,IE�
NEWSPAPER; AND PROVING AN EFFECTIVE DATE.
of Southlafet, Texas is�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 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 deem
necessary to amend Ordinance Kb. 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
WEIERKA9, the City Council has given published notice and held
public hearings with respect to the amendment of the Zoning
Ordinance as required by law.
NOWO THEREFORE, BE IT ORDAINED BY THB CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
FIELDING, BARRETT TEL: 817-560-3953 May 1,92 15:00 No.006 P.03
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
2. Churches, synagogues, temples and other
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. Any permit granted hereunder shall
be for a maximum period of three (3) years
subject to renewal for additional one (1) year
periods.
-2-
$C- s
ALL
IELDING. HRRRETT IEL U1(-SbU-5953 May
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-
FIELDING, BARRETT TEL: 817-560-3953 May 1,92 15:00 No 006 P.05
A
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
-c-
�rc , 7
FIELDING, BARRETT TEL: 817-560-3953 May 1,92 15:00 No.006 P.06
,,. within ten days after passage of this ordinance, as required b
� Y
Section 3.13 of the Charter of the City of Southlake.
SECTION B
This ordinance shall be in full force and effect from and
after its passage and publication as required by lair, and it is so
ordained.
PA88ED AWD APPROVED ON FIRST READ13FG 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:
slakett\480•F
City of Southlake, Texas
t M E M O R A N D U M
April 29, 1992
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Southlake Hills, Phases I & II, Final Plat Extension
Attached please find a letter from John Levitt on behalf of
Dale Poe, developer of Southlake Hills, Phases I & II. This
letter requests that a one-year extension be granted the final
plats of each phase.
The City Council approved Phases I and II on April 3, 1990 and
granted a one-year extension for each phase on April 2, 1991.
The Subdivision Ordinance No. 483 provides the following
extension policy for final plats:
"Extensions: The City Council may extend the
expiration date of an approved plat upon written
petition for such extension by the owner prior to
the expiration of the plat but not to exceed one
(1) year.
Resubmittal: Upon the expiration of a plat,
the applicant must proceed through the applicable
process in its entirety, to include fee submittal
and the review process.
It shall be the applicant's responsibility to
monitor the timing of the plat and the potential
for expiration."
The applicant's request was received on April 16, 1992 via
hand -delivery.
Please place this item on the May 5, 1992 City Council agenda
for their consideration.
U
KPG
JOHN E. LEVITT ENGINEERS, INC.
ENGINEERS • PLANNERS
726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313
April 16, 1992
Mrs. Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Re: Southlake Hills
Phases I & II
Dear Karen:
On behalf of Dale Poe Development, we respectfully request an
additional extension of one year for the approval of the final plats
for the referenced project.
We have delayed the project for various reasons, some of which were
market conditions and excessive rainfall. We anticipate start of
construction in early June, 1992.
Your assistance and understanding in this matter is greatly
appreciated.
ly yo rs,
Levitt, P.E.
cc: Dale Poe Development
CITY OF SOUTHLAKE, TEXAS
RESOLUTION NO. 92-14
A RESOLUTION canvassing the returns and declaring the
results of the bond election held May 2, 1992.
WHEREAS, an election was held in the City of Southlake,
Texas on the 2nd day of May, 1992, for the purpose of
submitting a certain proposition for the issuance of bonds to
the resident electors of the City; and
WHEREAS, it is hereby found and determined that notice of
the election was duly given in the form, manner and time
required by law, and said election was in all respects legally
held and conducted in accordance with applicable laws of the
State of Texas and the proceedings calling and governing the
holding of such election; and
WHEREAS, the returns of said election have been duly and
legally made and submitted to the City Council for canvassing,
and a tabulation of the returns for the polling place and for
early voting, as canvassed and tabulated by this governing body
and shown in Exhibit A attached hereto, reflect that the total
sum of votes counted "FOR" and "AGAINST" the proposition
submitted were as follows:
"THE ISSUANCE OF $4,500,000 GENERAL
OBLIGATION BONDS FOR STREET IMPROVEMENTS"
"FOR"
"AGAINST"
530 votes
275 votes
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1: That all of the recitals contained in the
preamble of this resolution are found to be true and are
adopted as findings of fact by this governing body and as part
of its judgment.
SECTION 2: That it is further found and determined that
the results of the election are as canvassed and tabulated in
the preamble hereof and in Exhibit A attached hereto, and, a
majority of the resident qualified electors voting at said
election having voted in favor of the proposition, the City
Council is hereby declared to be authorized and empowered to
issue the bonds on behalf of the City in the amount and for the
purposes stated in the proposition; all as more fully set forth
and identified above and in the proceedings calling said bond
election.
SECTION 3: That the City Secretary is hereby authorized
and directed to make the appropriate entries of information
appearing in the tabulation of precinct results shown in
Exhibit A attached hereto in the election register maintained
by the City in accordance with provisions of Section 67.006 of
the Election Code.
PASSED AND APPROVED, this the 5th day of May, 1992.
ATTEST:
City Secretary
City of Southlake, Texas
(City Seal)
4 6 9 91
Mayor
City of Southlake, Texas
IWZ
E
EXHIBIT A
TABULATION OF VOTES
RE: SPECIAL BOND ELECTION
HELD May 2, 1992
"THE ISSUANCE OF $4,500,000 GENERAL
OBLIGATION BONDS FOR STREET IMPROVEMENTS"
POLLING PLACE
EARLY VOTING BALLOT BOARD
4 6 9 9 J
-3-
FOR
AGAINST
446 252
84 23
City of Southlake, Texas
RESOLUTION NO.92-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, CANVASSING THE GENERAL
ELECTION HELD ON MAY 2, 1992; DECLARING THE
RESULTS FOR COUNCILMEMBERS PLACES 3, 4, AND
5. PROVIDING AN EFFECTIVE DATE.
WHEREAS, there was held in the City of Southlake, Texas, on
May 2, 1992, a General Election for the positions of Councilmember
Place 3; Councilmember Place 4; and, Councilmember Place 5; and,
WHEREAS, there were cast as said election 817 votes as shown
in the official election returns heretofore lawfully submitted to
the City Council of the City of Southlake, Texas, and. filed with
the City Secretary of said City; and,
WHEREAS, Senate Bill 123 was enacted to require that municipal
write-in candidates file declarations of write-in candidacy. A
write-in vote may not be counted unless the name written in
appears on the list of write-in candidates, and only those
candidates who have filed declarations of write-in candidacy are
entitled to places on the list of write-in candidates; and,
WHEREAS, only duly qualified resident electors of said City
votes in the said election, and said election was called and held
in strict conformity with the laws of the State of Texas; and,
WHEREAS, the results of said election were duly canvassed by
the City Council of the City of Southlake, Texas, on May 5, 1992,
and showed the following results:
COUNCILMEMBER PLACE 3:
JERRY FARRIER ......................491
RICHARD A. ALLEN ...................227
COUNCILMEMBER PLACE 4:
STEPHEN W. APPLE, SR . ..............550
COUNCILMEMBER PLACE 5:
PETER K. SPORRER ...................208
JON MICHAEL FRANKS .................518
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
City of Southlake, Texas
Resolution No. 92-13
Official Canvass of May 2, 1992 Election
page two
Section 1. The above canvass be and the same is hereby in all
things approved.
Section 2. JERRY FARRIER is hereby declared to have been
elected to the Office of Councilmember Place 3, for a term to
expire in May, 1995. STEPHEN W. APPLE SR. is hereby declared to
have been elected to the Office of Councilmember Place 4, for a
term to expire in May, 1995. JON MICHAEL FRANKS is hereby
declared to have been elected to the Office of Councilmember Place
5, for a term to expire in May, 1995.
PASSED AND APPROVED this the day of
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
. 1992.
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
City of Southlake, Texas
M E M O RAND L
May 5, 1992
TO: CITY COUNCILMEMBERS
FROM: MAYOR GARY FICKES
SUBJECT: Recommendation for Mayor Pro Tem and Deputy
Mayor Pro Tem
It is my recommendation to City Council that Rick Wilhelm be
appointed to serve as Mayor Pro Tem for the coming year, and
that Jerry Farrier be appointed as Deputy Mayor Pro Tem.
Items #9-A and #9-B on tonight's agenda require approval of
Resolution No. 92-15, and Resolution No. 92-17.
If you have any questions or comments concerning my
recommendations, please let me know prior to consideration
of these items.
Thank You,
Mayor Fickes
Ully OT oouinkIK@, 1 VAdb
M E M O R A N D U M
May 5, 1992
TO: CITY COUNCILMEMBERS
FROM: MAYOR GARY FICKES
SUBJECT: Recommendation for Mayor Pro Tem and Deputy
Mayor Pro Tem
It is my recommendation to City Council that Rick Wilhelm.be
appointed to serve as Mayor Pro Tem for the coming year, and
that Jerry Farrier be appointed as Deputy Mayor Pro Tem.
Items #9-A and #9-B on tonight's agenda require approval of
Resolution No. 92-15, and Resolution No. 92-17.
If you have any questions or comments concerning my
recommendations, please let me know prior to consideration
of these items.
Thank You,
Mayor Fickes
MAY--4 92 MON . 13 S4 CARTER 8: -BURGESS _
P. 04
Height:
Depth of Front Yard:
Depth of Rear Yard:
Width of Side Yard:
Width of Side Yard Adjacent
to Street:
Lot Width:
TIMARRON PHASE III
DEVELOPMENT REGULATIONS
PRODUCT TYPE C
Thirty five (35') feet maximum
Twenty (20') feet minimum
Twenty (20') feet minimum
Five (5') feet minimum
Ten (101 feet minimum
Seventy-five (75') feet minimum
Lot Depth: One hundred twenty (120') feet minimum
Lot Size: Nine thousand (9,000) S.F. minimum
Ten thousand (10,000) S.F. average
Ma)dmum Lot Coverage: 45%
Minimum Floor Area:
91301801.R03
7,200 S.F.
No building structure shall exceed two
and one-half (2h) stories, nor shall it
exceed thirty-five (35) feet.
Twenty (20) minimum - no more than
50% of the lots will have front yaids less
than twenty-five (25) feet.
(No Change)
Five (5) feet minimum, no more than
25% of lots. No house may be closer
than 15 feet to the adjacent house.
(No Change)
Seventy-five (75) foot minimum lot width
(90 rb of the lots), 10% of the lots may
have lot widths at the front setback line
that vary from 50 feet to 75 feet.
(No Change)
(No Change)
45 % (50% of the lots); 35% (50% of
the lots)
(No Change)
ORDINANCE NO. ,0J-
CITY OF SOUTHLARE
TELECOIrUNICATIONS ORDINANCE
CITY OF SOUTHLAKE
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. . . . . . . . . . . . .
. . 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 . .
. . 10
(a)
Removal of Dangerous Facilities. .
10
(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 . . . . . . . . . . . . . . . . . . . . 16
(b) Documents . . . . . . . . . . . . . . . . . . . . . 16
(c) Rules . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 12 - COMPENSATION TO THE CITY . . . . . . . . . . . . 17
(a) Gross Receipts Charge. . . . . . . . . . . . . . . 17
(b) Billing of the Charge. . . . . . . . . . . . . 17
i
(c)
Annual Adjustment ofthe Charge. . . . . . . . .
. 18
(d)
•
Quarterly Payments. ••
18
(e)
Growth Factor. . . . . . . . . . . . . .
19
(f)
Audits. . . . . . . . . . . . . . .
19
(g)
Offset in Case of Invalidation. . . . . . . . . .
. 20
-- (h)
Annexation and Disannexation. . . . . . . . .
. 21
(i)
Method of Collection of Charge. . . . . . . . . .
. 22
SECTION
13 - ASSIGNMENT OF ORDINANCE . . .
. 22
SECTION
14 - MUTUAL RELEASES . . . . . .
. 22
SECTION
15 - FUTURE CONTINGENCY .
24
SECTION
16 - GOVERNING LAW . . . . . . .
24
24
(a)
Interpretation. . . . .
(b)
Combined Efforts. . . . . . . . . . . . . .
25
(c)
Performance in Tarrant County. . . . . . . .
. 25
SECTION
17 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE . .
. 25
ii
ORDINANCE NO.
AN ORDINANCE WHEREBY THE CITY OF SOUTHLAXE, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, THS
TELEPHONE COMPANY MAY OPERATE ITS TELECOMMUNICATIONS
BUSINESS IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE 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 COMPANY'S 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
(W in the telecommunications business in the State of Texas and in
furtherance thereof, has erected and 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
(W 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
(W 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 COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS, THAT:
- 2 -
slakeIRsrbetl.ord
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 -
stakeMsibelt.ord
5,-6
obtain a separate 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.
- 4 -
slakeMswbell.ord
8.,o, -:7
S
(6) TRANSMISSION MEDIA: all Telephone Company cables,
fibers, wires or other physical devices used to transmit and/or
receive communication signals, whether analog, digital or of other
characteristics, and whether for voice, data or other purposes.
(7) NON-E%CLUSIVB: 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.
(a) 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
- 5(41W —
slakeII\swhetl.ord
cables placed and constructed by the Telephone Company in the
construction and maintenance of its telecommunications system in
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 City governance. 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.
- 6 -
slakeII\srbetl.ord
(e) Space for City's Use in Bzisting Facilities. The
Telephone Company shall permit the City of Southlake to use without
charge, solely for its own non-commercial telecommunications
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 New 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
slakeII\srbell.ord
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
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
(W 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
- 8 -
s LakeMs►beL L .Ord
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
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.
slakeII\srbell.ord
- 9 -
Re �/ Z
(W 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
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. 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 City ordinances, rules and
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 condition as before and to the reasonable satisfaction of
the Director of Public Works, all rights -of -way damaged or
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excavated by the Telephone Company. All construction work shall
meet federal, State and City rules and regulations in existence at
the time the work is undertaken, and Telephone Company shall
warrant their repairs and restoration of any rights -of -way.
(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
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
stakeIl\swbell.ord
Re- � x4c,
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
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
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(W 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 convenience, 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.
(W (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
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
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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
(W 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
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
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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.
(W
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
from coming in contact 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.
slakeII\srbell.ord
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A
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
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
on request.
Commission of Texas shall be provided to the City upon
(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.
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SECTION 12 - COMPENSATION TO THE CITY
(a) Gross Receipts Charge. As compensation for the use,
occupancy, oversight, supervision and regulation of the City's
J. 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 tax or
license 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, 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 $
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.
(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
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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 at the time of the enactment
of this Ordinance; and (4) such charges are subject to an
interstate end user common line ("EUCL") charge as imposed by the
Federal Communications Commission ("FCC") at the time of enactment
of this Ordinance.
(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
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
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slakel lUmbel lord
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 one 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
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 remittance amounts.
( f ) Audits. The City agrees to rely upon audits by the Texas
Comptroller of Public Accounts of State telecommunications sales
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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 thi
s 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
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 taxes, license
charges, right-of-way permit or inspection fees, or any right-of-
way easement, street or alley rental, or other character of charge
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slakeI Rsrbel t.ord
,,,,, for use and occupancy of the right-of-way within the City, then the
City agrees that it will apply so much of these payments as
required, to offset the Telephone Company's obligation for
compensation under this ordinance.
(h) Annexation and Disannexation. If territory within the
boundaries of the City is disannexed or territory outside the
boundaries of the City is annexed and the affected territory or a
part of the affected territory is serviced by the Telephone
Company, the Charge shall be adjusted. To accomplish the
adjustment, the City shall, within thirty (30) days of the
annexation or disannexation provide the Telephone Company with maps
of the affected area showing the new boundaries of the City. After
identifying the affected customers, the 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,
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8-e- -%2- 4f
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 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
I 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.
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
slakelIU beLL.ad
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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
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's 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.
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r
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
collect the Charge imposed by this Ordinance, or (c) any procedure
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.
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 Code(s) are not in conflict with or in violation of the
Constitution and laws of the United States or the State of Texas.
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(W
(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 17 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE
The City shall deliver a properly certified copy of this
Ordinance to the Telephone Company within three (3) working days
of its f inal 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.
PASSED AND APPROVED following the reading
hereof this day of
1992.
Mayor, City of Southlake, Texas
ATTEST:
City Secretary
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I
,
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
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ORDINANCE NO. 189
AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE
TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE
COMPANY AGREE THAT THE TELEPHONE COMPANY
SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES,
WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS,
AND OTHER PLANT CONSTRUCTION AND APPURTE-
NANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE
AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS,
PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER
REGULATIONS AND RESTRICTIONS AND THAT THE CITY
SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT
TO USE CERTAIN FACILITIES OF THE TELEPHONE
COMPANY, ALL AS HEREIN PROVIDED:
WHEREAS, the Southwestern Bell Telephone Company, herein-
after referred to as the "Telephone Company, " is now and has been engaged
in the telephone business in the State of Texas and in furtherance thereof, has
erected and maintained certain items of its plant construction in the City of
Southlake Texas, hereinafter referred to as the "City," for many
years pursuant to such rights as have been granted it by and under the laws of
the State of Texas, and subject to the exercise of such reasonable rights of
regulation under the police power as have been also lawfully granted by and
under said laws to said City; and
Irrr 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 establishing the conditions under which the
Telephone Company shall operate in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF SOUTFILAKE TEXAS, THAT:
SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
The poles, wires, anchors, cables, manholes, conduits and other plant con-
struction and appurtenances, used in or incident to the giving of telephone service
and to the maintenance of a telephone business and system by the Telephone
Company in the City, shall remain as now constructed, subject to such changes
as under the limitations and conditions herein prescribed may be considered
necessary by the City in the exercise of its lawful powers and by the Telephone
Company in the exercise of its business of furnishing telephone service; and
the Telephone Company shall continue to exercise its right to place, remove,
construct and reconstruct, extend and maintain its said plant and appurtenances
as the business and purposes for which it is or may be incorporated may from
time to time require along, across, on, over, through, above and under all the
public streets, avenues, alleys and public grounds and places within the present
limits of the City and within said limits as the same from time to time may be
extended, subject to the regulations, limitations and conditions herein prescribed.
- 1 -
SECTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT
All poles to be placed shall be of sound material and reasonably straight, and
shall be so set that they will not interfere with the flow of water in any gutter
or drain, and so that the same will interfere as little as practicable with the
ordinary travel on 'the street or sidewalk. The location and route of all poles,
stubs, guys, anchors, conduits and cables to be placed and constructed by the
Telephone Company in the construction and maintenance of its telephone system
in the City, and the location of all conduits to be laid by the Telephone Company
within the limits of the City under this ordinance, shall be subject to the reason-
able and proper regulation, control and direction of the City Counci I
or of any City official to whom such duties have been or may be delegated.
SECTION 3 - STREETS TO BE RESTORED TO GOOD CONDITION
The surface of any street, alley, highway, or public place disturbed by the
Telephone Company in building, constructing, renewing or maintaining its
telephone plant and system shall be restored within a reasonable time after the
completion of the work to as good a condition as before the commencement
of work and maintained to the satisfaction of the City Council
or of any City official to whom such duties have been or may be delegated, for
one year from the date the surface of said street, alley, highway, or public
place is broken for such construction or maintenance work, after which time
responsibility for the maintenance shall become the duty of the City. No
street, alley, highway or public place shall be encumbered for a longer period
than shall be necessary to execute the work.
SECTION 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT
``- The Telephone Company shall maintain its system in reasonable operating
condition at all normal times during the continuance of this agreement. An
exception to this condition is automatically in effect when service furnished by
the Telephone Company is interrupted, impaired, or prevented by fires, strikes,
riots, or other occurrences beyond the control of the Telephone Company, or
by storms, floods or other casualties, in any of which events the Telephone
Company shall do all things, reasonably within its power to do, to restore
normal service.
SECTION 5 - TEMPORARY REMOVAL OF WIRES
The Telephone Company on the request of any person shall remove or raise
or lower its wires temporarily to permit the moving of houses or other bulky
structures. The expense of such temporary removal, raising or lowering of
wires shall be paid by the benefited party or parties, and the Telephone Company
may require such payments in advance. The Telephone Company shall be given
not less than forty-eight hours advance notice to arrange for such temporary
wire changes.
SECTION 6 - TREE TRIMMING
The right, license, privilege and permission is hereby granted to the Telephone
Company, its successors and assigns, to trim trees upon and overhanging the
streets, alleys, sidewalks and public places of the City, so as to prevent the
branches of such trees from coming in contact with the wires or cables of the
Telephone Company, and when so ordered by the City, said trimming shall be
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done under the supervision and direction of the City, COurdil .
or of any City official to whom said duties have been or may be delegated.
`a.. SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID BY THE
TELEPHONE COMPANY
To indemnify the City for any and all possible damages to its streets, alleys,
and public grounds which may result from the placing and maintenance there-
in or thereon of the Telephone Company's poles, conduits, or other telephone
equipment or apparatus, and to compensate the City for its superintendance
of this agreement, and as the cash consideration for the same, the Telephone
Company agrees to pay to the City annually during the continuance of the
agreement a sum of money equal to two per cent (20/6) of the annual gross
receipts for the preceding year received by the Company from the rendition
of local exchange telephone transmission service within the corporate limits
of the City. The first payment hereunder shall be made April 1, 1973 ,
and shall equal in amount two per cent (216) of the gross receipts received
from January 1 , 19 72, to December 31 1972 ;and thereafter
payment shall be made annually on April 1 as herein provided.
SECTION 8 - PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF
ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR
SPECIAL AD VALOREM TAXES
The City agrees that the consideration set forth in the preceding section hereof
shall be paid and received in lieu of any tax, license, charge, fee, street or
alley rental or other character of charge for use and occupancy of the streets,
alleys and public places of the City; in lieu of any pole tax or inspection fee
tax; in lieu of any easement or franchise tax, whether levied as an ad valorem,
special or other character of tax; and in lieu of any imposition other than the
usual general or special ad valorem taxes now or hereafter levied. Should
the City not have the legal power to agree that the payment of the foregoing
cash consideration shall be in lieu of the taxes, licenses, charges, fees,
rentals, and easement or franchise taxes aforesaid, then the City agrees that
it will apply so much of said payment as may be necessary to the satisfaction
of the Telephone Company's obligations, if any, to pay any such taxes, li-
censes, charges, fees, rentals, and easement or franchise taxes.
SECTION 9 - FACILITIES TO BE FURNISHED CITY AS ADDITIONAL
CONSIDERATION
In addition to the consideration set forth in Section 7, the Telephone Company
shall hold itself ready to furnish, subject to the use of the City, such wire
space as may be required from time to time by the City upon the poles now
owned or hereafter erected by the Telephone Company in the City for the use
of the City's police and fire alarm system: provided that the required wire
space shall not exceed the wire capacity of one cross arm on any one pole.
The location on the poles of this fire and police wire space shall be determined
on specific applications for space, at the time the applications are received
from the City, and will be allotted in accordance with the considerations for
electrical construction of the United States Department of Commerce, Bureau
of Standards. In its wire construction on the Telephone Company's poles,
the City will follow the suggestions and requirements laid down for wire con-
struction in the Rules and Regulations of the Bureau of Standards of the United
States Department of Commerce. Where conduits are laid or are constructed
by the Telephone Company, said Company shall hold itself ready to furnish
sufficient dlict space not to exceed capacity of one duct for use by the City in
in carrying its police and fire alarm wires. All such wires, whether
- 3 -
on poles or in conduits, shall be constructed, maintained and operated in such
manner as not to interfere with nor create undue hazard in the operation of
the telephone system of the Telephone Company. It is further agreed that the
Telephone Company shall not be responsible to any party or parties whatsoever
for any claims, demands, losses, suits, judgments for damages or injuries to
persons or property by reason of the construction, maintenance, inspection or
use of the police and fire alarm wires belonging to the City, and the City shall
insure, indemnify and hold the Telephone Company harmless against all such
claims, losses, demands, suits and judgments.
SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE
AFFECTED
Nothing in this ordinance contained shall be construed to require or permit
any electric light or power wire attachments by the City or for the City, nor
to req>>ire or permit any electric light or power wires to be placed in any duct
used by the City in the Telephone Company's conduits. If light or power
attachments are desired by the City or for the City, or if the City desires to
place electric light or power wires in any duct used by the City, then a further
separate noncontingent agreement shall be prerequisite to such attachments or
such use of any duct used by the City. Nothing herein contained shall obligate
or restrict the Telephone Company in exercising its right voluntarily to enter
into pole attachment, pole usage, joint ownership, and other wire space and
facilities agreements with light and power companies and with other wire rising
companies which may be privileged to operate within the City.
SECTION 11 - PERIOD OF TIME OF THIS ORDINANCE - TERMINATION
This agreement shall be in full force and effect for the period beginning with
the effective date hereof and ending twenty (20) years after January 1
1972 , provided that at the end of the expiration of the initial period, such
term shall be automatically renewed forthwith for successive periods of twenty
(20) years, conditioned, however, that if during the last four months of the
initial period or of any successive twenty (20) year period, not less than
ninety days' prior written notice shall be given either to the Telephone Company
by the City or to the City by the Telephone Company, setting forth the desire
of the giver of such notice to terminate this agreement, then in such case this
agreement shall terminate at the expiration of the then current period.
SECTION 12 - NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE
Nothing herein contained shall be construed as giving to the Telephone Company
any exclusive privilege.
SECTION 13 - SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein provided for
shall inure to and be binding upon the parties hereto and upon their respective
successors and assigns.
SECTION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any section, sentence, clause or phrase of this ordinance is for any reason
held to be illegal, ultra vires or unconstitutional, such invalidity shall not
,., affect the validity of the remaining portions of this ordinance. All ordinances
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and agreements and parts of ordinances and agreements in conflict herewith
are hereby repealed.
SECTION 15 - ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after the passage
and approval of this ordinance to file its written acceptance thereof with
the City Secretary, and upon such acceptance being filed, this ordinance
shall take effect and be in force from and after the date of its passage
and approval by the Mayor and shall effectuate and make binding the agreement
provided by the terms hereof.
Passed and a)proved this 15th day of August , A. D., 1972.
Mayor
ATTEST:
City, Secretary
I, Aliceanne Wallace, City Secretary of the City. of Southlake
do hereby certify that the foregoing is a true and correct copy of Ordinance
No. 189 , passed and aaproved by the .City Council � of the City
of Southlake, at a regular meeting held on the 15th day of August ,
1972.
In witness whereof, I hereto set my hand and affix the official
seal of the City of Southlake this 15th day of August , A. D., 1972.
City Secretary
- S -
ACCEPTANCE
WHEREAS, the City Council of the
City of Sostylake Texas, did on the l.1�jday of August ,
1972 , enact an ordinance entitled:
"AN ORDINANCE WHEREBY THE CI I" Y .4' '�L'�U'�1>I.LI►I:F� ,
TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT
THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS
POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT
CONSTRUCTION AND APPURTENANCES; ALONG, .ACROSS, ON, OVER, THROUGH,
ABOVE AND UNDER ALL PUBLIC STREETS, AVENTJES, ALLEYS, PUBLIC GROUNDS
AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT
THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CER-
TAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:"
and
WHEREAS, said ordinance was on the t')tt, day of Aujz.ult ,
197Z , duly approved by the Mayor of said City and the Seal of said City was thereto
''r•r affixed and attested by the City Secretary:
NOW, THEREFORE, in compliance with the te: ms of said ordinance as
enacted, approved and attested, the Southwestern Bell Telephone Company hereby
accepts said ordinance and files this its written acceptance with the City Secretary of
the City of 'Zuuttildke . Texas in his office.
Dated this a 9 day of �C,c� 1.)72 .
U
SOUTHWESTERN BELL TELEPHONE COMPANY
ApW—Rd In .un B i1
LegRI
Texas A;ea
j........ ` Vice President and General Manager
Attorney
Acceptance filed in the office of the City Secretary of r%ity of Southlake.
Texas, this Z5ef-' day of , 19-/2-.
City Secretary
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 providing an
effective date.
WHEREAS, notice of the City Council's intention to issue
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
22The Fort
April
Worth Star Telegram on April 15 , 1992 and, 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
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.
• Fully Registered Obli
SECTION 2
ions - 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
Stated Maturity
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Principal
Amount
$ 15,000
35,000
35,000
40,000
45,000
45,000
50,000
50,000
55,000
60,000
65,000
70,000
70,000
75,000
80,000
90,000
95,000
100,000
110,000
115,000
The Certificates shall bear interest
principal amounts from the Certificate Date
annum shown above in this Section (calculated
360-day year of twelve 30-day months).
Certificates shall be payable on February 1
each year, commencing February 1, 1993.
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Interest
Rate
on the unpaid
t the rate(s) per
on the basis of a
Interest on the
and August 1 of
SECTION 3: Terms of Payment -Paying 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/Registrar 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.
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 fhe
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-
expense, to each Holder of a Certificate to be redeemed in
(4WW 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 S: 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,
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
g�G
exchange or transfer therefor.
"Predecessor Certificates" shall
registered and delivered pursuant to
of a mutilated, lost, destroyed, or
shall be deemed to evidence the
mutilated, lost, destroyed, or stolen
Additionally, the term
include any Certificate
Section 21 hereof in lieu
stolen Certificate which
same obligation as the
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
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
- Q-
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.
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.
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 So uthlake 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
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.
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
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,
in whole or 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
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 of Registration
of Public Accounts to a
only -
Certificate of Comptroller
ear on Initial Certificate
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)
D. Form of Certificate of Paying Agent/Registrar to
Annear 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 certificates
sof deliverede having eentitlebeen approv edaby
designated series
es originally
the Attorney General Accounts,State oasTexas
shown by the registered
cords of
by
the comptroller of Public
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 unde g name, sells, assigns,
and transfers unto (Print or typewrite
zip
code of transferee:)
(Social Security or
the
other identifying number:
within Certificate and all right
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:
Signature guaranteed:
Im
NOTICE: The signature on this
assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Certificate in every
particular.
-1`
� ,� 15
shall be in the form set
F, The Initial Certificate s exce t that the
of this Section,
forth in ara ra h B re istered Initial Certificate
form of a sin le full
shall be modified as follows:
immediately under the name of the Ceandficate -Stated
the
(i) Rate
headings "Interest
__--
" shall both be omitted;
Maturity
(ii) paragraph one shall read as follows:
Registered owner: Dollars
Principal Amount: as the
of Southlake (hereinafter referred to the
The City municipal corporationfors value
"City"), a body corporate and State of Texas,
Tarrant and Denton, promises
Counties of or the
received, acknowledges itselfister d eowne� namedeaboVe inabove
to pay to the order of the e9
ere
ns thereof, the PrincipalAmount
andntin Principal
registered August 1 in each of the Y
stated on schedule:
installments in accordance with the following INTEREST
PRINCIPAL Rom_
INSTALLMENTS
(W YEAR
(Information to be inserted from
schedule in Section 2 hereof).
prior to
have been prepaid
a interest on the unpaid principal amounts
(or so much d htoePf Y as shall not per annum rate(s)-
maturity) a 360 day
ed above computed on the basis of a able on
hereof from thelCertificate Date at t e interest being payable
interest specified such inter 1,
months; February
year of twelve 30-d st 1 of each year, commencing
February 1 and August payable at its Stated
1993. Principal of this Certificate is P istered owner"Payen9
Maturity or on a prepayment date to Assoc ation (the
Texas National at its
by Ameritrust presentation and surrend Designated
Agent/Registrar"), upon its P Texas (the the
off ices in
Dallas, is payable to
principal office"). Interest ears on the
Payment/Transfer istrar at
maintained by the Paying Agent/Reg
registered owner of this Certificate whose"name appears is the 15th
"Security Register ma "Record Date , which
each interest payment date
the close of business on receding Agent/Registrar
day of the month next P aid by the Paying i
hereof and interest shall be P
first class postage prepaid,
by check sent ofithe States Mail,
to the address
registered owner recorded in the Security
-if
OF �- 16
Register or by such other method, acceptable to the Paying
Cw 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.
(W (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
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yf 0
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
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g(-1V
A
(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-
V�_/5
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-
ON
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-
S'
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-, _an
(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
the City will not sell the System
part thereof; provided, however,
not be construed to prohibit
machinery, or other properties or
become obsolete or otherwise
efficient operation of the System.
remain Outstanding,
or any substantial
this covenant shall
the sale of such
equipment which has
unsuited to the
(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- 01/
P2 J
Additional Prior Lien Obligations, if issued, may be
(W 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 ordinandes
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.
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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 levled
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
(W 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.
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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
(W 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:
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r
"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,
(W 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.
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(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.
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(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.
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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
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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.
Im
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.
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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
Mayo r
ATTEST:
City Secretary
(City Seal) APPROVED AS TO LEGALITY:
6 7 6 4 s
City Attorney
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ORDINANCE NO. 118
AN ORDINANCE RELATING TO AND REGULATING THE
TRAFFIC AND THE USE OF THE PUBLIC STREETS,
HIGIiWAYS, ROADWAYS AND SIDEWALKS OF THE TOWN
OF SOUTHLAKE, TEXAS, BY MOTOR AND OTHER
VEHICLES OF ALL KINDS, AND PEDESTRIANS;
ESTABLISHING A SPEED LIMIT FOR ALL STREETS
WITHIN THE SAID CITY, AS WELL AS A SPEED LIMIT
IN SCHOOL ZONES SITUATED THEREIN; PROVIDING
REGULATIONS FOR THE LOCATION OF BOULEVARD STOP
SIGNS AND STOPPING AT THE SAME; PROVIDING THAT
ANY PERSON, FIRM OR CORPORATION VIOLATING ANY
OF SAID REGULATIONS SItALL BE DEEMED GUILTY OF
A MISDEMEANOR, AND UPON CONVICTION THEREOF
SHALL BE FINED IN A SUM NOT IN EXCESS OF TWO
HUNDRED ($200.00) DOLLARS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
A SAVING CLAUSE; AND FURTHER PROVIDING THAT
SUCH ORDINANCE SHALL BECOME EFFECTIVE AND BE IN
FULL FORCE AND EFFECT FROM AND AFTER TIIE DATE
OF ITS ADOPTION AND PUBLICATION AS PROVIDED BY LAW.
WHEREAS, Article 670ld of the Revised Civil Statutes of 1925,
as amended, being a uniform act requiring traffic on the highways
of the State of Texas, and Article 827a of the Penal Code of the
State of Texas, further regulating the speed of vehicles on the
Highways of said State, provided that all cities, towns and villages
may adopt such regulations not inconsistent with the aforementioned
statutes; and,
WHEREAS, the present regulations heretofore adopted by the
City governing traffic in said City are inadequate and there are
conditions existing in said City endangering the life, health and
safety of the public and there exists a public necessity for the
immediate preservation of public health and safety;
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE,
TEXAS:
I.
DEFINITIONS
Whenever in this ordinance the following terms are used, they
shall have the meanings respectively ascribed to them in this section.
POLICE DEPARTMENT ., The Police Department of the City, acting
directly., or through its duly authorized officers or agents.
CHIEF OF POLICE as used in this Ordinance shall be synonymous
`I with term "City or Town Marshal".
PERSONS « Every natural person, firm, co.partnership, association
or corporation.
DRIVER - Every person who drives or is in actual physical control
of a vehicle.
OWNER .. A person who holds the legal title of a vehicle or in
the event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of
the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the event
of a mortgagor of a vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor shall be doomed the owner for
the purpose of this or-dinance.
STREET OR 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.
PRIVATE ROAD OR DRIVEWAY - Every way or place in private ownership
and used for vehicular travel by the owner and those having express or
implied permission from the owner but not by other persons.
ROADWAY .. That portion of a highway improved, designed, or ordin-
arily used for vehicular travel. 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.
LANED ROADWAY .. A roadway which is divided into two or more clearly
marked lanes for vehicular traffic.
THROUGH HIGHWAY .- Every highway or portion thereof at the entrances
to which vehicular traffic from Intersecting highways is required by law
to stop before entering or crossing the same and when stop signs are
erected as provided in this Act.
LIMITED .. ACCESS OR CONTROLLED ACCESS HIGHWAY- Every highway, street
or roadway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the same
except at such points only and in such manner as may be determined by
the public authority having jurisdiction over such highway, street
or roadway.
M2M
RAW
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INTERSECTION .. 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) highways which join one
another at, or approximately at, right angles, or the area within
which vehicles traveling upon different highways joining at any
other angle may come in conflict.
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 highways shall be regarded as a separate
intersection.
CROSSWALK - That portion of a roadway ordinarily included within
the prolongation or connection of curb and property lines at inter—
section, or any other portion of a roadway clearly indicated for
pedestrians crossing by lines or other markings on the surface.
Any portion of a roadway at any intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other mark-
ings on the surfaces.
SAFETY ZONES « The area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is protected
or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
(a) BUSINESS DISTRICT .. The territory contiguous to and
including a roadway when within any six hundred (600) feet along
such roadway there are buildings in use for business or industrial
purposes which occupy throe hundred (300) feet of frontage on one
side or three hundred (300) feet collectively on both sides of
the roadway.
(b) RESIDENCE DISTRICT - The territory contiguous to and including
a highway not comprising a business district when the property on such
highway for a distance of three hundred (300) feet or more is in the
main improved with residences or residences and buildings in use for
business.
VEHICLE .. Every device in, upon or by which any person or
property is or may be transported or drawn upon a public highway,
except devices moved by human power.
MOTOR VEHICLE .. Every vehicle as herein defined, which is
self-propelled.
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MOTORCYCLE « Every motor vehicle having a saddle for the use
of the rider and designed to travel on not more than three (3)
wheels in contact with the ground but excluding a tractor.
AUTHORIZED EMERGENCY VEIiICLES of the fire department (fire patrol),
police vehicles, public and private ambulances for which permits
have been issued by the State Board of Health, and emergency vehicles
of municipal departments or public service corporations as are
designated or authorized by the governing body of an incorporated
town.
RIGHT OF WAY .. The privilege of the immediate use of the street
or highway.
OFFICIAL TRAFFIC SIGNS .. All signs, markings and devices other
than signals, not inconsistent with this ordinance, placed or erected
by authority of a public body or official having jurisdiction, for
the purpose of guiding, directing, warning or regulating traffic.
TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically
or mechanically operated, by which traffic is alternately directed to
stop and proceed.
RAILROAD SIGN OR SIGNAL .. Any sign, signal or device erected by
authority of a public body or official or by a railroad and intended
to give notice of the presence of railroad tracks or the approach
of a railroad train.
TRAFFIC » Pedestrians, ridden or herded animals, vehicles, street
cars, and other conveyances, either singly or together while using
any highway for purposes of travel.
PARKING - The standing of vehicle, whether occupied or not, upon
a roadway, otherwise than temporarily for the purpose of, and while
actually engaged in, loading; or unloading, or in obedience to traffic
signs or signals.
POLICE OFFICER « Every officer of the City Police Department or
any other officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations.
CITY - The word "City" shall mean Town of Southlake, Texas.
II.
CHIEF OF POLICE TO DIRECT TRAFFIC
It shall be the duty of the Police Department of the City to
enforce the provisions of this ordinance. Officers of the Police
Department are hereby authorized to direct all traffic either in
person or by means of visible or audible signals in conformance
with the provisions of this ordinance, provided that in the event
of a fire or other emergency or to expedite traffic or safeguard
pedestrians, officers of the Police Department and Fire Department
may direct traffic, as conditions may require, notwithstanding
the provisions of this ordinance.
CHIEF OF POLICE AUTHORIZED TO ADOPT EMERGENCY
REGULATIONS
The Chief of Police is hereby empowered to make and enforce
regulations necessary to make effective the provisions of this
ordinance and to make and enforce temporary regulations to cover
emergencies or special conditions.
IV.
OBEDIENCE TO CHIEF OF POLICE
It shall be unlawful for any person to wilfully refuse to or
fail to comply with any lawful order, signal or direction of any
police officer invested by law with authority to direct, control
or regulate traffic.
V.
PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS
The provisions of this ordinance shall apply to the driver of
any vehicle owned by or used in the service of the United States
Government, any State, County, City, Town or Village, and it shall
be unlawful for any said driver to violate any of the provisions
of this ordinance, except as otherwise permitted herein or in the
uniform traffic act of the State of Texas.
VI.
EXEMPTIONS TO AUTHORIZED EMERGENCY
VEHICLES
A. The provisions of this ordinance regulating the movement,
parking, and standing of vehicles shall not apply to authorized
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emergency vehicles as defined in this ordinance while the driver
of such vehicle is operating the same in an emergency in the
necessary performance of public duties. This exemption shall
not, however, protect the driver of any such vehicle from the
consequences of a reckless disregard of the safety of others.
B. The driver of any authorized emergency vehicle when
responding to an emergency call upon approaching a red or stop
signal, or any stop signs, shall slow down as necessary for
safety but may proceed cautiously past such red or stop sign or
signal. At other times drivers of authorized emergency vehicles
shall stop in obedience to a stop sign or signal.
C. No driver of any authorized emergency vehicle shall assume
any special privilege under this ordinance except when such vehicle
is operated in response to an emergency call or in the immediate
pursuit of an actual or suspected violator of the law.
VII.
TRAFFIC SIGNS
The Chief of Police is hereby authorized, and as to all traffic
signs and signals required hereunder, it shall be his duty to place
and maintain or cause to be placed and maintained, all such official
traffic signs and signals at whatever points and places he may deom
necessary for the protection of the goneral public, providing that
such signs and signals aro uniform and location theroof is not contrary
to the provisions of the Uniform Traffic Code of the State of Texas.
VIII.
DISPLAY OF UNAUTHORIZED SIGNS AND
SIGNALS PROHIBITED
It shall be unlawful for any person to place or maintain or
to display upon or in view of any street and unofficial traffic
sign, signal or device which purports to be or is an imitation of,
or resembles, an official traffic sign or signal, or which attempts
to direct the movement of traffic, or which hides from view or
interferes with the effectiveness of any official sign or signal.
The Chief of Police or any officer under his direction, is hereby
empowered to remove every such prohibited sign, signal or device,
or cause it to be removed, without notice.
IX.
CHIEF OF POLICE AUTHORIZED TO DESIGNATE CROSSWALKS
A. The Chief of Police is hereby authorized to establish
and to designate and shall thereafter maintain or cause to be
maintained, by appropriate devices, marks or lines upon the
surface of the roadway, crosswalks at intersections where in
his opinion there is particular danger to pedestrians crossing
the roadway, and at such other places as he may deem necessary.
B. All pedestrians shall strictly comply with the directions
of any official traffic control signal and are prohibited from
crossing any roadway in a business district or any designated highways
where crosswalks have been installed.
X.
INTERFERENCE WITH SIGNS
It shall be unlawful for any person to wilfully deface, injure,
move, obstruct or interfere with any official sign or signal.
XI.
CHIEF OF POLICE AUTHORIZED TO DESIGNATE SAFETY ZONES
AND LANES FOR TRAFFIC
A. The Chief of Police is hereby empowered to establish safety
zones of such kind and character and at such places as he may deem
necessary for the protection of pedestrians.
B. The Chief of Police is also authorized to make lanes for
traffic on street pavements at such places as he may deem advisable,
consistent with the provisions of this ordinance.
XII.
STOP BEFORE ENTERING A THROUGH STREET
A. The driver of any vehicle on the streets or thoroughfares
of the City shall bring the vehicle that lie or she is driving to
a full and complete stop when approaching the intersection of any
street or thoroughfare where a stop sign, signal or other device
has been placed indicating that said vehicle should stop before
passing over the curb line of such intersecting street or other
thoroughfare and that such full and complete stop shall be made
within fifteen (15) feet of the nearest side of the street or
thoroughfare being approached.
B. It shall be unlawful for any person, except a member
of the Police Department or someone acting under the direction
rrr of the Chief of Police, to place any stop sign or signal of
any kind upon streets, alleys or thoroughfares of the City,
and the Chief of Police shall be authorized to designate the
location of such stop signs, signals, or devices at boulevard
intersections.
XIII.
STOPPING PROUIBITED IN SPECIFIC PLACES
It shall be unlawful for the driver of a vehicle to stop,
stand or park such vehicle in any of the following places, except
when necessary to avoid conflict with other traffic or in com-
pliance with the directions of a police officer or traffic control
signs or signal;
A. Within an intersection.
B. On a crosswalk.
C. Within twenty (20) feet of a Crosswalk at an intersection.
D. In any safety zone as officially marked by the Chief
of Police or by any person under his direction.
E. Within twenty-five (25) feet from the intersection of
curb lines, or, if nine, then within fifteen (15) feet of the
intersection of property lines at an intersection, except at alleys.
F. Within thirty (30) feet upon the approach to a flashing
beacon stop sign or traffic control signal located at the side
of the roadway.
G. Between a safety zone and tho adjacent curb or within
thirty (30) foot of points on the curb immediately opposite the
ends of a safety zone, unless the traffic authority indicates a
different length by signs or markings;
II. Within fifty (50) feet of the nearest rail of a railroad
crossing;
I. Within twenty (20) feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance to
any fire station within soventy-five (75) feet of said entrance
(when properly signposted);
J. Within any area designated and marked as a "No Parking"
area, with official "No Parking" signs or other markings as may
be installed or made by the Chief of Police or any person under
his direction, in front of any theatre or large buildings where
public entertainment and meetings are held.
K. Within fifteen (15) feet of a fire hydrant.
L. In front of a public or private driveway
M. On a sidewalk
N. Alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
0. On the roadway side of any vehicle stopped or parked
at the edge of curb of a street.
P. It shall be unlawful for any driver to park a vehicle
within an alley.
M8M
Q. At any place where official traffic signs have been
erected prohibiting standing and parking.
\,. R. No person shall move a vehicle not lawfully under his
control into any such prohibited area or away from a curb such
distance as is unlawful.
XIV.
STANDING FOR LOADING OR UNLOADING ONLY IN
CERTAIN PLACES.
A. The Chief of Police shall have authority to determine the
location of passenger zones and loading zones and shall erect and
maintain, or cause to be maintained, appropriate signs indicating
the same.
B. It shall be unlawful for the driver of a vehicle to stop,
stand or park said vehicle for a period of time longer than is
necessary for the expeditious loading or unloading of passengers
in any place marked as a passenger zone.
C. It shall be unlawful for the driver of a vehicle to stop,
stand or park said vehicle for a period of time longer than is
necessary for the expeditious loading or unloading of passengers,
or for the unloading and delivery or pickup and loading of materials,
in any place marked as a loading zone. In no case shall the stop
for loading and unloading of materials exceed fifteen (15) minutes.
Xv.
PARKING PROHIBITED IN CERTAIN PLACES
A. It shall be unlawful for any driver to stop, stand or
park any vehicle upon a street in such manner or under such
conditions as to leave available less than ten (10) feet of the
*410' width of the roadway for free movement of vehicular traffic,
except that a driver may stop temporarily during actual loading
or unloading of passengers or when necessary in obedience to
traffic regulations or traffic signs or signs of a police officer.
B. It shall be unlawful for any driver or owner to park
any vehicles or permit the same to be parked, stand or remain
adjacent to any parkway, neutral strip or subway approach situated
or being in any roadway.
C. It shall be unlawful for any driver or owner to park any
vehicle or permit the same to be parked, stand, or remain on the
roadway of any bridge, viaduct or subway, or the roadway of the
approach to any bridge, viaduct or subway.
►�9r
XVI.
ALL NIGHT PARKING PROHIBITED.
IT shall be unlawful for the driver of any vehicle to park
said vehicle on any paved street for a period of time longer
than thirty (30) minutes between the hours of 2:00 A. M. and
6:00 A. M. of any day.
XVII
STANDING OR PARKING CLOSE TO CURB
Except when necessary in obedience to traffic regulations
or traffic signs or signals, the driver of any vehicle shall
not stop, stand or park any vehicle in a roadway other than
parallel with the edge of the roadway headed in the direction
of traffic, and with the curbside wheels of the vehicle within
eighteen (18) inches of the edge of the roadway, except where
streets have been marked for angle or head —in parking.
XVIII.
OPERATION OF VEHICLES ON APPROACH OF
AUTIIORIZED EMERGENCY VEHICLES
Upon the approach of any authorized emergency vehicle or
vehicles giving audible signal by bell, siren or exhaust whistle,
the driver of every other vehicle shall immediately drive the same
to a position as near as possible and parallel to the right hand
edge or curb of the street, clear of any intersection, and shall
stop and remain in such position until the authorized emergency
vehicle or vehicles shall have passed, unless otherwise directed
by a police officer.
XIX.
FOLLOWING FIRE APPARATUS PROHIBITED.
It shall be unlawful for the driver of any vehicle, other
than an official business, to follow closer than five hundred
(500) feet to any fire apparatus travelling in response to a fire
alarm, or to drive into or stop any vehicle within the block
where the fire apparatus has stopped in answer to a fire alarm.
XX.
CROSSING FIRE HOSE
No vehicle shall be driven over any unprotected hose of a
Fire Department when laid down on any street or private driveway
to be used at any fire or alarm of fire, without consent of the
Fire Marshal or Fire Department official in command.
"10»
I� i
UNLAWFUL TO DRIVER THROUGH PROCESSION UNLESS
DIRECTED BY TRAFFIC CONTROL SIGNALS OR BY POLICE
OFFICER.
It shall be unlawful for the driver of any vehicle to drive
between the vehicles comprising a funeral or between other auth-
orized processions while thoy are in motion, provided that said
vehicles are conspicuously so designated. That provision shall
not apply to intersection where traffic is controlled by traffic
control signals or police officers.
XXII.
EMERGING FROM ALLEY OR PRIVATE DRIVEWAY
The driver of a vehicle emerging from an alley, driveway or
building shall stop such vehicle immediately prior to driving onto
a sidewalk or onto the sidewalk area extending across any alleyway.
XXIII.
CLINGING TO MOVING VEHICLES
It shall be unlawful for any person travelling upon any
bicycles, motorcycle, coaster, sled, roller skates, or any toy
vehicle to cling to or to attach himself or his vehicle to any
othet moving vehicle upon any roadway.
XXIV.
TURNING AT INTERSECTIONS
The driver of a vehicle intending to turn at an intersection
shall do so as follows, unless a different method of turning is
directed by buttons, markers or signs at intersections, in which
event turns shall be made in accordance with the directions of
such markers, buttons or signs:
A. Approach for a right turn shall be made in the lane for
traffic nearest to the right-hand side of the roadway and right--
hand curb or edge of the roadway.
B. Approach for left turn shall be made in the lane for
traffic to the right of and nearest to the center line of the
roadway, and the left turn shall be made by passing to the right
of such center line where it enters the intersection and upon
leaving the intersection by passing to the right of the center
line of the roadway then entered.
..11.. 1 r
XXV.
SPEED LIMIT
A. It shall be unlawful for any person or persons to run,
drive, direct or permit the running or driving of any motor —driven
vehicle, in, upon, along or across any public highway, street,
alley or thoroughfare in the business, commercial or residential
districts within the corporate limits of the City at a greater
rate of speed than thirty (30) miles per hour; it shall be
unlawful for any person or persons to run, drive or permit the
running or driving of any vehicles designated as school safety
zones, and as marked by signs erected on the said roads, streets
and highways, during the school season and between the hours of
7:30 A. M. and 4:30 P. M. at a greater rate of speed than twenty
(20) miles per hour.
B. The above sub -section shall not apply to emergency
vehicles as is herein defined when responding to emergency calls.
C. Nothing in this provision shall be construed as pro-
hibiting the driver of a motor vehicle from obeying tiro instructions
of any police officer dir�ting traffic, or any sign, signal or
device directing the movement of traffic.
D. The driver of any vehicle passing a school building or
the grounds thereof during school recess or while cliildren are
going to or leaving school during the opening or closing Hours,
shall bring said vehicle to a full and complete stop where signs
have been erected indicating the proximity of a school or school
grounds, and the Chief of Police is Hereby authorized to erect
and maintain signs in conformity with this section.
Ifto,, XXV I .
PROHIBITING TIIE USE OF A SIREN EXCEPT BY
A POLICE OFFICER OR PERSONS OPERATING A
FIRE TRUCK OR AMBULANCE.
It shall be unlawful for anyone except a police officer,
or one operating a fire truck or ambulance, to use a siren on
such vehicle provided those who are permitted to use a siren,
shall be required to use the same, when an emertency call is
being made. No siren shall be used, except an electric driven
siren of a shrill piercing tone capable of being heard several
blocks in advance of a moving vehicle.
..12..
XXVII
REPORTS
A. Any person in charge of a garage or repair shop
situated within the City, to which is brought any motor vehicle
which shows evidence of having been involved in an accident,
or struck by any bullet, shall report the same to the Police
Department within twenty. -four (24) hours after such motor vehicle
is received, giving the engine number, registration number and
name and address of the owner of such vehicle.
B. Any person, driver of a vehicle involved in any accident,
shall file with the Police Department of the City a report of
such accident, giving full details thereof and such report shall
be for the confidential use of the Police Department and be
subject to the provisions of Section 47 of the Uniform Traffic
Code of the State of Texas.
XXVIII.
OFFENSE BY PERSONS OWNING OR CONTROLLING VEHICLES
A. It is unlawful for the owner, or any other person,
employing or otherwise directing the driver of any vehicle to
require or knowingly to permit the operation of such vehicles
upon a Highway in any manner contrary to law.
B. Whenever any person is arrested for any violation of
this Ordinance punishable as a misdemeanor, the arrested person
shall be immediately taken before a magistrate within the County
in which the offense charged is alleged to have been committed
and who has jurisdiction of such offense and is nearest or most
accessible with reference to the place where said arrest is made,
in any of the following cases:
1. When a person arrested demands an immediate appearance
before a magistrate.
2. When the person is arrested upon a charge of nogligont
homicide.
3. When the person is arrested upon a charge of driving
while under the influence of intoxicating liquor or
narcotic drugs.
4. When the person is arrested upon a charge of failure
to stop in the event of an accident, causing death,
personal injuries, or damage to property.
5. In any other event when the person arrested refuses
to give his written promises to appear in court as
hereinafter provided.
..13-
C. Whenever a person is arrested for any violation of
this ordLnanco punisitablo as a misdomeanor, and such person
is not immediately taken before a magistrate as hereinbofore
required, the arresting officer shall prepare in duplicate
written notice to appear in court containing the name and
address of such person, the license number of his vehicle,
if any, the offense charged, and the time and place when and
where such person shall appear in court. Provided, however,
that the offense of speeding shall be the only offense making
mandatory the issuance of a written notice to appear in court,
and only then if the arrested person gives his written promise
to appear in court, by signing in duplicate the written notice
prepared by the arresting officer; and provided further that
it shall not be mandatory for an officer to give a written
notice to appear in court to any person arrested for the offense
of speeding when such person is operating a vehicle licensed
in a state or country other than the State of Texas or who is
a resident of a State or Country other than the State of Texas.
D. The time specified in said notice to appear must be at
least fifteen days after such arrest unless the person arrested
shall demand an earlier hearing.
E. The place specified in said notice to appear must be before
a magistrate within the City or County in which the offense charged
is alleged to have been committed and who has jurisdiction of
such offense.
F. The arrested person in order to secure release as provided
in this section, must give his written promise so to appear in
court by signing in duplicate the written notice prepared by the
arresting officer. The original of said notice shall be reiai.ned
by said officer and the copy thereof delivered to the porson
arrested. Thereupon, said officer shall forthwith release the
person arrested, from custody.
G. Any person willfully violating his written promise to
appear in court, given as provided in this section, is guilty of
a misdemeanor regardless of the disposition of the charge upon
which he was originally arrested.
H. A written promise to appear in court may be complied with
by any appearance by counsel.
I. The foregoing provisions of this Section shall govern
all police officers in malting arrests without a warrant for
violations of this Ordinance, but the procedure prescribed herein
shall not otherwise be exclusive of any other method prescribed
by law for the arrest of a person for an offense of like grade.
J. Any officer violating any of the provisions of this section
shall be guilty of misconduct in office and shall be subject to
removal from office.
XXIX.
PENALTY OF ORDINANCE
Any person who shall violate any of the provisions of
this ordinance or any rule or regulation made by the Chief
of Police pursuant thereto shall be guilty of a misdemeanor,
and, upon conviction thereof shall be fined not to exceed
two hundred dollars ($200.001.
XXX.
EFFECT OF ORDINANCE
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional,
such decisions shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that
it would have passed this ordinance and each section, subsection,
sentence, clause or phrase thereof, even if it had known that
any one or more sections, subsections, sentences, clauses or
phrases would be doclarod unconstitutional.
XXXI.
ORDINANCES RELATING TO VEHICLES
Nothing in this ordinance shall affect or repeal in any way
any ordinance now or hereafter enacted, relating to the operation
of jitneys, motor busses, cabs or other vehicles using the streets
of the City for hire and ordinancos relating to such are hereby
intended and declared to remain in full force and effect.
XXXII.
PURPOSE ., TRAFFIC CODE
The purpose of this traffic code is declared to be a police
regulation designed and intended for the preservation of the
public peace, health and safety of a rapidly expanding population.
XXXIII.
REPEAL OF ORDINANCES
All ordinances or parts of ordinances in conflict herewith
are h oreby repealed.
XXXIV.
EFFECTIVE DATE
This ordinance shall become effective and be in full force
and effect from and after the date of its adoption and publica-
tion as by law provided. //
ADOPTED this i - day of i.�°" T401- A. D. 1958.
ATTEST:
r�
.^
--r--
TOWN
SECR ARY
APPROVED!
.•16..
� /
MAYOR
i It
City of Southlake, Texas —
I
M E M O R A N D U M
May 1, 1992
TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 92-15, Appointment of a
Mayor Pro Tem.
The Mayor shall appoint, with the approval of the City
Council, a Mayor Pro Tem. The appointment of a Mayor Pro
Tem is for a one (1) year term, according to Section 2.07 of
the Home Rule Charter for the City of Southlake. A
resolution is presented to the City Council during the first
meeting following the General Election for this appointment.
If you wish to discuss this, please contact Mayor Fickes.
ilz��
sl
City of Southlake, Texas
RESOLUTION NO.92-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, ESTABLISHING THE OFFICE
OF MAYOR PRO TEM OF THE CITY, PURSUANT TO THE
HOME RULE CHARTER OF THE CITY. PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Home Rule Charter was approved by the voters in a
duly called Charter Election on April 4, 1987; and,
WHEREAS, the City Council finds and determines that the Home
Rule Charter is needed, feasible and in the best interest of the
community; 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. The Office of Mayor Pro Tem shall be established
pursuant to Section 2.07 of the Home Rule Charter of the City of
Southlake, Texas.
Section 3. That effective immediately, the Mayor has appointed
with the approval of the City Council, Councilmember
to serve as Mayor Pro Tem, who shall
hold office for one year. The Mayor Pro Tem shall perform the
duties of Mayor in case of the absence or disability of the Mayor,
and if a vacancy shall occur in the office of the Mayor, shall
become Mayor until the next regular election.
Section 4. That this Resolution shall be in full force and effect
from and after the passage and approval.
PASSED AND APPROVED this the day of , 1992.
M
City of Southlake, Texas
Resolution No. 92-15
Appointment of Mayor Pro Tem
page two
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
�3
6
City of South lake, Texas — -- --
M E M O R A N D U M
May 1, 1992
TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 92-17, Appointment of a
Deputy Mayor Pro Tem
The appointment of a Deputy Mayor Pro Tem was new to
Southlake in 1991, with Sally Hall serving in that
position. Council established the position for a one (1)
year term.
The Mayor shall appoint, with the approval of the City
Council, a Deputy Mayor Pro Tem, who shall perform the
duties of the Mayor and Mayor Pro Tem in case of absence or
disability of the Mayor and Mayor Pro Tem, and if a vacancy
shall occur in the Office of Mayor and Mayor Pro Tem, shall
become Mayor until the next regular election.
If you have questions in regard to the Deputy Mayor Pro Tem,
please contact Mayor Fickes.
/sl
r
City of Southlake, Texas
RESOLUTION NO.92-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, ESTABLISHING THE OFFICE
OF DEPUTY MAYOR PRO TEM OF THE CITY.
PROVIDING AS EFFECTIVE DATE.
WHEREAS, the City Council finds and determines that the Office
of Deputy Mayor Pro Tem is needed, feasible and in the best
interest of the community; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That 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 effective immediately, the Mayor has appointed
with the approval of the City Council, Councilmember
to serve as Deputy Mayor Pro Tem, who
shall hold office for one year. The Deputy Mayor Pro Tem shall
perform the duties of the Mayor and Mayor Pro Tem in case of
absence or disability of the Mayor and Mayor Pro Tem, and if a
vacancy shall occur in the Office of the Mayor and Mayor Pro Tem,
shall become Mayor until the next regular election.
Section 4. That this Resolution shall be in full force and effect
from and after its passage and approval.
PASSED AND APPROVED this the day of
ATTEST:
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE, TEXAS
-z
Gary Fickes, Mayor
1992.
City of Southlake, Texas
TO:
FROM:
SUBJECT:
M E M O R A N D U M
April 30, 1992
Curtis E. Hawk, City Manager
CITY MANAGER
Michael H. Barnes, Director of Public Works
Fire Bay Improvement Bids
On April 15, 1992 at 10:00 a.m., bids were opened and read aloud
for the Fire Bay Improvements. The bids received are as follows:
Contractor
Tom S. Stephens
S.D. Peterson
Ruscon
Alternate
Base Bid Bid
$ 19,700 $ 1,900
20,900 2,050
23,981 1,800
Total Base
& Alt. Bid
$ 21,600
22,950
25,781
At the last Council meeting, the staff requested that the award of
bid be tabled until the May 5 Council meeting in order to
investigate why the bids were so high.
Based upon staff s conversations with area contractors, staff would
recommend that the bids be rejected and the specifications revised
and the project rebid. If the Council elects to rebid the project,
the specifications would be revised in the following manner:
1. Instead of a lump sum bid, the proposal would be broken
down in the following manner:
a) demolition
b) furnish and install steel building
c) furnish and install concrete foundation
d) furnish and install 18' x 12' metal door
2. Contractors would bid on a one-story building and a two-
story building. The two-story building would be a shell
only, but the steel building would be sized to install a
second story at a later date.
3. No bonds would be required.
4. Alternative bids for demolition, steel building
materials, steel erection, and the concrete foundation
would be included in the proposal so that a contractor
could bid on one or all four items. The City would have
the option of awarding the four items to separate
contractors if the total bid in item 1 is too high. The
City would have the door installed by a separate contractor.
r
Curtis E. Hawk, City Manager
Fire Bay Improvement Bids
April 30, 1992
Page 2
It would be the staff's intent to award the total project to one
bidder. However, if the bids were too high, we could piece meal
the project ourselves as described under item 4.
Therefore, staff would recommend that the bids for the Fire Bay
Improvements be rejected, and the specifications be revised and
rebid.
Please place this on the Council's next agenda for consideration.
MHB/kb
FIR&BAY.MMCEW1b
STATE OF TEXAS
COUNTY OF TARR.ANT
CERTIFICATE OF INSUFFICIENCY OF PETITION
FOR INITIATIVE AND REFERENDUM
This office has reviewed the initiative and referendum
petition submitted to the City of Southlake, Monday, April 27,
1992. Section 7.33(a) of the Charter of the City of Southlake
requires the City Secretary to review such petitions for the
purpose of:
(1) determining the existence of the requisite number of
signatures of qualified voters; and
(2) determining whether the form of the petition complies
with the provisions of the Charter.
The City Charter requires that to be valid, an initiative and
referendum petition must be signed by qualified voters of the city
equal in number to, at least, twenty percent (20%) of the total
number of qualified voters registered to vote at the last regular
city election. The last regular city election was held on May 4,
1991. After the submission of your petition, we obtained from the
County Elections Administrator, the voter registration list for
May, 1991. Because of precincts that are only partially in
Southlake, it is necessary to manually count those from the list
who are residents of Southlake. We have also been advised by the
County that anyone who has moved out of the city will not appear
on the list, even though they would have been on the list in May,
1991. Any error in the numbers, therefore, will be on the low side
and to the petitioners' benefit. Our count of these voter lists
indicates that there were 4,332 registered voters residing in
Southlake at the last regular city election.
Using this number as the basis for calculation, 866 signatures
of qualified voters are needed for an initiative petition to be
sufficient. You submitted a petition with 172 signatures on it.
Only 139 of these signatures contain all the required information
and are qualified voters of the city. Your petition is, therefore,
insufficient because it does not contain the requisite number of
valid signatures of qualified voters.
In addition to lacking signatures, your petition has several
defects in form. In order to commence initiative and referendum
proceedings, Section 7.31 of the Charter requires five qualified
voters to file an affidavit stating:
(1) They will constitute the Petitioner's Committee;
(2) They will be responsible for circulating the petition and
filing it in proper form;
(3) There names and addresses;
- 1 -
(4) An address to which all notices to the committee are to
"'t" be sent; and
(5) Setting out in full the proposed initiative ordinance.
Five separate signed documents were filed with the City Secretary
which were intended to constitute affidavits. These documents,
however, are not in a form which could be considered as affidavits.
One absolute requisite of an affidavit is that the writing must be
sworn to and this swearing must be evident on the face of the
document. There is nothing in any of these five documents that
indicates they were sworn to; therefore, they are not affidavits.
In addition, they do not contain the information required by the
Charter. There are no statements that the five people will
constitute the Petitioner's Committee, that they will be
responsible for circulating the petition, nor an address to which
all notices to the Committee are to be sent.
In addition, the document submitted with the attempted
affidavits does not set out the full text of an ordinance. This
document was represented to be the ordinance that was circulated
with the petition. Section 7.32(b) of the Charter requires that
the petition must have the full text of the ordinance attached to
it during circulation.
Section 3.12 of the Charter prescribes the form of an
140W ordinance. An ordinance must have an enacting clause, and any
ordinance which repeals or amends an existing ordinance must
clearly set forth the provision or provisions being repealed or
amended and, if amended, must further clearly set forth the
amendment being made. The document submitted with the attempted
affidavits and circulated with the petitions does not have an
enacting clause and does not clearly set forth what parts of the
referenced ordinances and resolution are intended to be repealed
or amended.
Because of the foregoing findings, this petition is found to
be insufficient both as to the number of signatures and as to form.
In accordance with Section 7.33 (a)(3) of the City Charter, the
petitioners have five days after receiving a copy of this
certificate to file with the City Secretary a notice of intention
to amend and ten days after receiving a copy of this certificate
to file a supplementary petition correcting the current
insufficiencies.
This certificate is entered this day of
1992.
slake\certificate.pet
.��Jr
OAK
CITY SECRETARY
- 2 -
City of Southlake, Texas
CITY MANAGER
M E M O R A N D U M
May 1, 1992
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, P.E., Public Works Director
SUBJECT: ROAD PROJECTS
In the 1991-92 Street Budget, $101,000 was budgeted to reconstruct
city streets. This money is normally designated to fund the
reconstruction of city streets by the County.
Since the County is limited this year on the number of road
projects they can reconstruct, staff needs direction from the
Council on the streets that will be reconstructed.
Please place this item on the Council's agenda for discussion.
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City of Southlake, Texas
Cl'ff MANAGER
M E M O R A N D U M 5'_
May 1, 1992
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director, Department of Public Safety
SUBJECT: Ordinance No. 561 - Administrative Search Warrants
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.
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
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
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ADMINISTRATIVE
SEARCH WARRANTS AND ENFORCEMENT ORDERS FOR THE PURPOSE
OF INSPECTIONS AND ENFORCEMENT OF ORDINANCES OF THE CITY
OF SOUTHLARE; 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 provide 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\admnsrch.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
City of Southlake, Texas, or any other person or position
designated 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,
Z� -�
slake\admnsrch.ord -2-
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\admnsrch.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 the 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.
/1'a,-6
slake\admnsrch.ord -4-
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
slake\adrmsrch.ord
-5- lid, " 7
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-
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 order 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.
slake\adrmsrch.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
11 cl, —!d
slake\admnsrch.ord -8-
front door of the building or gate of the premises. In every
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
Id"'(/
slake\admnsrch.ord -9- v
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\admnsrch.ord '10'
/l d , /--:2,
SECTION 20
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\admnsrch.ord
TO:
FROM:
SUBJECT:
— City of Southlake. Texas
MEMORANDUM CITY MANAGER
May 1, 1992
Curtis E. Hawk, City Manager
Michael H. Barnes, Director of Public Works
Emerald Estates Sewer System
Several weeks ago the citizens of Emerald Estates submitted a
petition to the City Council requesting the City to assist them
in the installation of a gravity sewer system in their
subdivision. The Council instructed staff to prepare a cost
estimate to install a sewer system in Emerald Estates. -
Cheatham & Associates' office has prepared a cost estimate for a
gravity sewer system that would serve the Emerald Estates
Subdivision. The total cost estimate, including construction,
engineering and surveying costs, is $340,000 for the�49 lots in
Emerald Estates or $6,940 per lot. The cost to purch se a site
for the lift station or easements for the force main is not
included in the $340,000. This estimate is high because all the
lots cannot be served by gravity and a lift station and force
main had to be included in the cost estimate.
The lift station and force main was oversized to accept flow from
surrounding areas, including Dove Estates package treatment
plant. At some point in time the Dove treatment plant will need
to be directed to a lift station when available.
The estimated total cost of the lift station and force main is
$88,125. If the City paid for the lift station and force main,
the estimated total cost of the project would be $251,875 or
$5,140 per lot, excluding land purchase and easement. If the
City were to fund the cost of the lift station and force main,
Staff would recommend that the funds be provided in the 1992-93
Sewer Budget.
Staff will inform Mr. David Galliher, Emerald Estates
spokesperson, of our findings and will invite him to the Council
meeting on May 5, 1992.
If the Council determines to assist Emerald Estates in building
the sewer system, a proposed chronological list of events is
suggested:
1. Council authorizes staff to design sewer system for
Emerald Estates.
Curtis E. Hawk, City Manager
Emerald Estates Sewer System
April 29, 1992
Page two
2. Bid project and determine exact cost for homeowners
based on actual bid costs.
3. Council set time period that funds from homeowners will
have to be received before bid is awarded. (City can
hold bids for 90-120 days).
4. If funds are not received within the alloted time
period the project will be cancelled and funds received
will be returned. If funds are received in a timely
manner the City will award the project, purchase
necessary easements for lift station and force main,
and start construction.
5. Staff will include necessary funds in 92-93 Sewer
Budget.
Please place this item on the next Councils agenda for discussion.
Mfg
MHB/gh
Attachment: (Notation 2nd line after initials)
cc: (2nd line after attachment)
DOCUMENT: EMESTATE.CEH FOLDER: GLORIA
