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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 SA s I HAs. I � 1 � 301 1 1 , rJa •c �_ ; I 1I "� ]0 302 . a0� 1A•. ' 1 'EI AE —J 20 Ae ' 2c, 1 12 9 ac .Ac_ +c 1\ .4 48 �[[l 2Ac •• ss I s• ! s.I e l'•sElso_ I]Ac ec �� • 20 AC J K u602 T_ I `s6T 11 ee'os• _ low 1 — T— I. u-, L � I Rg(CHAR® EA®S SURVEY ABST NAABI u ' y Ala. sYe rI .5 CITY -� HALL ]0AAC I • Lr 2 i L — �1 1 1' SURVEY ABST. �41049 1 K •c .ze 2 se _ x s0 CA ►y.._�%'� so ( WOO U�.isT••_�V�y�•�� !2 r z. _ • 1L _ x • 1�Wr0eAT EAST 2 � _ Pt O F.M.) CAST SCUTHLAKE BLVD4r -- • y Y- 7• 1 I •2C 2 20 =A 42 a. I V OKS \\ �'� S = s• a r 6ojt f Soy SIR (Z Is k I e� r _ � W Y t I Sa-<I i O 31 Ac J $URV r A M21 29 I Z 3 2 sa eG 1A3� RAIN80w ST SURVEY ABSIT. N£I003 63aAe' I,Qf� az zA' 1g' ECG IA ( _ 2e SAC. icro"T cE II J I TRACT LOCATION MAP i � I I I I N 1A1 I i IsE EAS' r.0 ----z j4A4 A R '4t Na[ iP�a BOcAl1 K]al i R . EA DES TR 6 G SUP VIE Y 68.256 TR 2A 53.497 AC A-4p1 � 1B — --.149 @ -- — — — —- - — — — — — —ies @— — — Taylor,E. 1— 1ai� 25C/.. 2a 047 @ 10`@ j 1.522 AC 1A R� 25c G� C-2 2.C7 . Smock & Husseini JV. �O" 1 1A MI 12.622 AC 62Q5 - 2 0-1 2 26 9.657 AC S.a76 @ IN 3 4 5 ADJACENT OWNERS & ZONING TR 7 37.27 AC IA- to H 2 _A..,!,0 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 l J 8 STRUCTUR z LOT 1 I ^nog! �sl s Ssp e, _ N am ( W�°�I � 374. Cl '29' E +� W n L— r autte n GTWIn p 1 P'•t III. m 40 25' X 230' I BUILDING �J�k.�� G `l.d' ��0 J�QQG.� O o o f N CONC. DWY n I I 1 30' r�,0�•' Q O�1v 6500 S.. I I I I ,�z' I.P.F. z' 0 CONC. D LOT 2 1 I 170.00, 0 1 4} 7800 S.F. 55,W, E C0NC. VfyN 1 I LINK FENCE LJ z I 5 Q 1 ` _ C i LOT 3 LOT 4 i m' I FUTURE EyEI -1 Z G o I C 1 1 Q. I o I 82 ZONING BE _ I to et zoN►lNc— � 1 1 I © ull �W —"I IIII FUTURE I - — — -rT- 4 1 `� t /2- I.P.F. 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 ! 0>0 I PROPOSED CONCRETES j ! PAVING 6p0' I vWi W . IJ W y 1 IV o m �1 o I to� 1 N I 1 � ' 1 I I I ! / I 6.9 LY. I.OT 3!)EVELOIl I12. I 1 �q 1 LOT 2 LOT-3 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 1/2' I.P.F. -- -- - — - -- -�- -- —mac-t 2' LP.F.i850 ' r x r EXIST. 20' U.E. a T tBUICOING L'IIE { NG _ STN-1 TUR -- - _ L T 1 ExISTIN LOT 1 UCTUR'1 I` P.O.B. J / x ' C2 2. ss0 — 1 La< 0 j 374. � GI 660 —`—�— '2; E , I ExlsnNc / C in Au IT I GA OPpei co co 25' % 230' f 1 BUILDING 1 coj. 1 LOT 2 : I LOT , O CONC. DWY ry /� ✓ Ll30 cr I �O 6__500 S.F. I ii xl 1" z LOT 2 � S.RUCTURE I CONC. D 1 '2" I.P.F. w .i I 170.00' i�"eo°0N5. '3 in CON Y n CZ � t 0 o PROPOSED z o ' CONCRETE NK FENCE ZI I PAVING 2I 56 O' W N ,x7 / I L0 3 ml in N IQ �I LOT 4 I FUTUREc�ELOP1.� 1T G o m m © DI i U"a O o o ZO I —TEMP. TURNAROUND -- ( e�P� � oo wl I LOT 2 �.. I S„P I 5 c CP Zo Z — —� — — — —o WI gyp. I 1 N 89'55'0B B 548.34' 87 ZONING MP. TURNALOT-3 ROUND O i i 6p e I LOT 3 I I W —"I FUTURE DEVELOPME II h ! I I LOT-4 L---- E. ------------- -- /Y I.P.F. 1/2' I.P.F. q I 1� Q�,y, G E,tiO Jr�4. IA-i� � � 0 m 0 [A LOT 1 BLOCK i LNG G1 10' SUFFERYARD 'B' to O } LOT 2 BLOCK 1 0 AIFFERYARD 'B' S' BUFFERYARO _ S' BUFFERYARO 'A' S' SUFFERYARD 'A' �i Y' LOT 3 LOT ♦ I BLOCK I BLOCK 1 �n r a m LOT 3 BLOCK 2 10' BUFFERYARO Ft aG 10 t WIFFMIARD I1]UAIL 7p,-15 LOT 1 BLOCK 2 1� GZ /.m 10' BUFFFRYARD 'B' a• 0 LOT 2 BLOCK 2 b c s LOT 1 p� � 1O m LOT 2 4 Av v rc W ! OT-3 9 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" 7ro-,? -_ — _ . — — At — — MULLS m / J W Y *ILLS , 086 � P ZAS r N. loss z•z• T ` COAf 7 lwMEU! !d•o•n+ J \ R a PRICE \ a - CO3 9U7H DENTON WARRANTT we ------- Z NUT. t"I ° fOYh YE ( R•0.E E.lT :.6E MS , 3 ] y ` � 1lrt •c �i- SURVEY I s~a5? - n! 1207 � 1 r}- - 1 613 AL At Cam 1 ' ici 2eT3AcSURVEY &a- sl Ps 13 N! 113+ •85T. 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'I. ��•;•P„ r�..�;��. .'ram' :. - : ,,ram" ..[;. ,f; . r�.'-�"6:- :�'�•. r -.r ••i• .� „ter it • T- r,. r\ r•. i• I_ -lam~ b f •a �t - 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 slakeII\swbell.ord - 10 - F-0- -/:3 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 slakeII\srbell.ord - 12 - R4?- -,!_ (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 (W - 13 - slakeII\sibett.ord ,R"e, - ! (O 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 slakeII\srbell.ord - 14 - S.'e-17 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 - is - 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. - 16 slakeII\srbeLL.ord 9.0- - 1,F 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 - 17 - slakeIl\srbell.a-d 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 - 18 - 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 - 19 slakelI\swbell_ord 8 e -.2.2 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 - 20 - 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, (W - 21 slaked\srbetl_ad 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 - 22 - 8 z -,2S 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. (W - 23 - slakeMswbel lord 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. - 24 - slakeII\srbell.ord (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 - 25 slakeI1\swbell.0rd ?. e, - 022 Y 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 - 26 - slakeII\swbell.ord 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 - 2 - 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 - 4 - 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. -z- 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 -17- 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 -18- 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. -24 � a 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. -25-gfas 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: -26 -�aG 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. -27- a7 (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the regulations and rulings thereunder, the City, at all times prior to the last Stated Maturity of Certificates, (1) shall exclusively own, operate, and possess all property acquired, constructed or improved directly or indirectly with Gross Proceeds of the Certificates and shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) shall not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Certificates or for any property acquired, constructed or improved indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if (1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the final Stated Maturity of the Certificates, directly or indirectly invest Gross Proceeds of the Certificates in any Investment (or use such Gross Proceeds to replace money so invested), if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield of the Certificates. -28- (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the regulations and rulings thereunder. (g) Information Report. The City shall timely file with the Secretary of the Treasury the information required by section 149(e) of the Code with respect to the Certificates on such form and in such place as such Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5,000,000. SECTION 25: Sale of the Certificates. The sale of the Certificates to (herein referred to as the "Purchasers") at the price of par and accrued interest to the date of delivery, plus a premium of $ , is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 26: Qualified Tax Exempt Obligations. That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1992 will not exceed $10,000,000. -29- V�' D9 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 - 3 0 �� 3 C7 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. -32 g�, 32- y SECTION 40: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. SECTION 41: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, May 5, 1992. PASSED ON SECOND READING AND ADOPTED, this May 19, 1992. CITY OF SOUTHLAKE, TEXAS Mayo r ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: 6 7 6 4 s City Attorney -3n f 33 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 1 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. _3.J /i i 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 -5- r 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. MH[jB // l c m ho c: I wpftlrs lmona V—d pro 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 wp\Memo\AdminSer.War /! cL-,2- ran {3Ar-.�.. � 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