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1992-06-02 CC PACKET
City of Southlake, Texas M E M O R A N D U M May 29, 1992 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting, June 2, 1992 1. Agenda Item No. 5A. Contract for Inspection Services with Tarrant County. This contract will be a continuation of our current contract. Note in Section 6 (pg. 5a-3 in your packet) that the contract period begins October 1, 1992, and runs for the FY93 budget year. There is no change in the contract terms, according to the memo from Sandy LeGrand in your packet. FYI, under our agreement, the County investigates each complaint received. The County inspectors attempt to achieve voluntary compliance. If such cannot be obtained, they do the paperwork and case preparation and turn it over to our staff for filing in our Court. Although the County inspectors can file in County Court, the results are better if filed in a municipal court of record. 2. Agenda Item No. 7A. Ordinance No. 480-01B (ZA 92-03) 2nd Reading, Timarron RPUD zone change request. There are no changes in this ordinance from first reading. The changes made in the development site plan will be reflected in the preliminary plat, which will be presented to P&Z on June 18th and is scheduled to come before City Council July 7th. 3. Agenda Item No. 7B. Ordinance No. 565, 2nd Reading of SW Bell Telecommunications Agreement. This item was continued to June 2 from the last meeting. The two items that were not agreed upon last meeting by SWB are still unresolved as of this Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest May 29, 1992 Page 2 writing. Analeslie Muncy, City Attorney, and I will be meeting with representatives of SWB Monday morning, 8:30 a.m. here at City Hall. The indications are that SWB will insist on adding the word "solely" immediately following the word "caused" on line 6, Section 10, pg. 16 (Agenda packet page 7b-19), and either substituting Dallas County for Tarrant County in Section 17(c), or having the agreement silent on venue. It appears that this is the case with most if not all of the agreements approved by other cities to date. I spoke with staff in Lubbock and Abilene, and they agreed to the changes following budgetary pressures, against the advice of their attorneys. It remains to be seen if Fort Worth and Arlington will agree. If the City Council insists on the wording, SWB's position will be to continue operating under the old agreement until an agreement can be reached (translated, until the City changes its mind). The net effect will be a reduction in revenue to the City, since SW Bell has been able to successfully remove items from its taxable base. For us the amount is approximately $1, 000 annually but for the larger cities it was substantial. Thus the budgetary pressures. 4. Acrenda Item No. 7C. 2nd Readinq of Ordinance No. 561, Administrative Search Warrants. The changes suggested by City Council will be addressed as staff understood Council's direction. The amended sections will be handed out at the Council meeting work session. Note Director Campbell's memo on policy. 5. Agenda Item No. 8A. Ordinance No. 480-69 (ZA 92-16) 1st Reading. There is nothing unusual about the zoning on this property, as indicated by the letter from Karen Gandy, Zoning Administrator. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest May 29, 1992 Page 3 6. Agenda Item No. 8B. ZA 92-18, SouthRidge Lakes Final Plat, Phase V. Note the changes recommended by P&Z (as indicated in the cover letter by Karen Gandy) to item No. 5 in the 5-15-92 Plat Review Summary (pg. 8B-6). 7. Agenda Item No. 8C. Ordinance No. 480-G, 1st Reading, revisions to "MH" District and accessary use sections. This ordinance brings back to the City Council, the request made to Council by a citizen on the April 21, 1992 Agenda. 8. Agenda Item 9A. Resolution approving a paying agent - registrar, is required in order to proceed with the $1.3 million Cos. 9. Agenda Item No. 11A. Smoking Ordinance. Included in your packet is a draft of smoking ordinance prepared by Chris Terry, Assistant to the City Manager, derived from those used by area cities. This ordinance has been on the proverbial "back -burner" for some time. Now that it is apparent that Southlake will have a grocery store and sit-down restaurant, it is important that we proceed to get our controls in place before their occupancy. This is a draft for discussion. Staff needs Council direction. 10. Agenda Item No. 11B. Ordinance establishing appeal board for construction codes. We will have a draft available for discussion by Tuesday night. We need your direction on this also. Under the Housing Code, the Board of Adjustment serves as the appeals body. The Uniform Construction codes provide for one, but we have not established who that will be. Given this, in the absence of an appointed board or the assignment of the responsibility to the Board of Adjustment, City Council is the only avenue of appeal. 11. Agenda item No. 11C. The TRA-Big Bear Creek Sewer Interceptor Project cost $1.7 million less than the amount for which bonds Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest May 29, 1992 Page 4 were sold by TRA. There are two options in which to recover the funds, as set out in the memo from Lou Ann Heath, Finance Director. Fort Worth wants to refund a portion of the outstanding bonds. Keller wants to use the amount to pay debt service in 1993 and 1994. Our vote will decide which option to exercise. We would like your direction. The refunding (option 2 in Lou Ann's memo) will produce the most savings over the life of the bonds, the other option the most immediate impact. OTHER ITEMS OF INTEREST 12. Note the attached schedule for the June retreat. The times are set but the order of items to be discussed will not be finalized until next week. We will hand the items to be discussed to you Tuesday night. 4 13. Note the attached memos concerning construction on Peytonville. 14. Note the memo from Eleanor Kasper concerning Eddie Wilson, Code Enforcement Officer. 15. Note the attached announcement concerning the Camp Summer Oaks program. CEH/kb 1992 JUKE RETREAT AGENDA DAY 1. Thursday, June 4 - Morning Project Discussions: - Lunch: Adjourn to reserved seating at the Marriott's Cielo restaurant. - Afternoon Project Discussions: - Afternoon Break 9:00 a.m. - 12:00 noon. 1:00 p.m. - 2:30 p.m. - Final Afternoon Project Discussions: 2:45 p.m. - 4:30 p.m. DAY 2. Friday. June 5 - Breakfast: - Morning Project Discussions: 7:30 a.m. 8:00 a.m. - 12:00 noon. r Mayor. Gary Fickes Mayor Pro Tem: Richard W. Wilhelm Councilmembers: Barry K. Emerson Jerry Farrier Stephen W. Apple Sr. Jon Michael Franks Michael J. O'Brien City Manager: Curtis E. Hawk City secretary: Sandra L. LeGrand IN City of Southlake May 29, 1992 RE: PEYTONVILLE ROAD IMPROVEMENTS Dear Property Owner: To better improve the streets in Southlake, Tarrant County road crews are scheduled to start reconstructing Peytonville Road in the months of June and July. In preparation for this reconstruction, GTE's contractor will be boring streets and driveways along Peytonville, from just west of Ten Bar Trail to Raven Bend, starting the week of June 1. Signs will be placed by the contractor notifying the citizens of the work in progress. GTE is relocating their overhead lines and installing them underground in order to avoid trimming trees in the future. After the boring is completed (approximately one (1) week, depending upon the weather), the contractor will start trenching to install underground pipe which will take approximately two (2) to three (3) weeks. This letter is to inform you of the work starting in your area and to let you know that next week you will receive another letter from the City explaining the reconstruction that will take place by the County in June and July. Thank you for your patience and understanding with this project. Sincerely, Michael H. Barnes, P.E. Director of Public Works MHB/kb b: PEYTON V L. LTR/CEH/kb 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER" Mayor. Gary Fickes Mayor Pro Tem: Richard W. Wilhelm Councilmembers: Barry K. Emerson Jerry Farrier Stephen W. Apple Sr. Jon Michael Franks Michael J. O'Brien City Manager: Curtis E. Hawk City secretary: Sandra L. LeGrand City of Southlake May 29, 1992 Re: Reconstruction of South Peytonville Road Dear Mr. Property Owner: On Monday, June 1, 1992 County road Crews will start reconstructing approximately 700' of Peytonville Road, South of F. M. 1709. The road will be widened to a three lane road (36' wide with north and south bound lanes and a center turn lane) to accomodate the new high school when it opens in August. This notice is to inform you that traffic will be restricted, only allowing access to homes along the street. Signs indicating "No Thru Traffic" will be installed on Peytonville at F. M. 1709 and at Continental to inform motorists of the reconstruction. There may be times during the day that no traffic will be allowed, however, the road will always be open at night and on weekends. The reconstruction should take approximately two weeks, depending on the weather. If you have any questions or wish to comment on the reconstruction, please call me at 481-5581 EXT. 740. Please let us know if there are particular problems during this project. Sincerely, Michael H. Barnes, P. E. Director of Public Works MHB/gh 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER" r i City of Southlake, Texas M E M O R A N D U M May 29, 1992 TO: Department of Public Safety FROM: Darwin Cheatham, Construction Inspector SUBJECT: Closing South Peytonville South Peytonville at F. M. 1709 (West Southlake Boulevard) will be closed due to utility pipe line constuction on Monday June 1, 1992, from 7:00 A. M. to 5:00 P. M. DC/gh (4w DOMMENT: MEMD.DC FOLDER: GLORIA 7S0 �IV /'�'/iite3 l�,,(Oe` �l a! C��CL20� c/LtZ�e/� ine /%e. Goo Lfl7 793� ,Z.ama" �xas 760.w If-- 3-92, a4l/a,/ a, 9 CITY MANAGER TO : . CITY COUNCILMEMBERS - *A1 FROM: Sally Hall Camp Summer Oaks 1992 The Camp Summer Oaks program will continue as usual in 1992, the only change will be the location. This years sessions wild take place at Highland Meadow Academy, located at 1060 Highland Street (off Carroll Road near Carroll Middle School) in Southlake. The teachers and parents of Highland Meadow have generously offered us the use of four acres of fields and trees and a portable building. Camp will open June 8 and close July 31 from 9-4. Extended hours will be provided by Highland Meadows Academy if desired. The cost of camp for 1992 will be $75.00 per week. A registration and supply fee of $25.00 IDl1st accompany the return of the registration form as space is limited. Campers will need a sack lunch, cold drink and an old pair of sneakers and jeans that will be left at camp. If you have any questions please call 481-2466. This years program will consist of the following: June 8-12 "What's A Tree To Me?" June 15-19 "Knee Deep In Wild Flowers" June 22-26 "Creepy Crawlers" June 29-July 3 "Flying Feathers" July 6-10 "Life In Rainforests" July 13-17 "Let's Hear It For Herps" July 20-24 "Meet the Senses: Human And Animal" July 27-31 "An Adventure Down Under" N IR MEMORANDUM TO : Gary Fickes FROM : David McMahan SUBS E CT : Land Acquisition/Trade DATE : June 2, 1992 Gary, as you know, we are willing to sell and/or trade the 1.8 acre tract of land that abuts our shopping center at its northwest corner and lies along the southerly border of the City property. As a starting point we are offering the property to the City for the following consideration: $75,000 Cash Waiver of all water/sewer impact fees for Crossroads Square Waiver of all building permit fees Waiver of all inspection fees Waiver of requirement for City Bond Waiver of all water meter charges Upon completion of installation of lift station for sewer, City is to accept and maintain the lift station and the sewer line thereto. c N � N O T Z JUN 2 1992 OFFICE OF United States CITY SECRETAR Postal Service May 29, 1992 Honorable Gary Fickes Mayor of Southlake 667 N. Carroll Avenue Southlake, TX 76092-9595 Dear Mayor Fickes: This letter is to advise you of the results of the customer surveys recently completed in your area. These surveys, as you know, were prompted by your request to change mailing addresses in the Southlake/Keller/Roanoke area to more closely parallel the city limit boundaries. In accordance with the guidelines set forth in the ZIP Code review process, for this type of request, we polled all known affected residents for their response. The Postal Service mailed 24 letters to residents receiving mail with Keller addresses and 129 letters to residents with a Roanoke address. We received 19 responses from the Keller residents, all of which did not want to change. We received 76 responses from residents with Roanoke mailing addresses with 39 wishing to retain their Roanoke address and 37 opting to change to a Southlake address. It is, therefore, not feasible at this time to request. The Postal Service wishes to express it Sincerely, i eith D. Greathouse Field Director Operations Support Dallas Division 951 W. Bethel Road Coppell, TX 75099-9998 cc: MSC Manager/Postmaster, Ft. Worth, TX. Postmaster, Grapevine, TX. Postmaster, Keller, TX. Postmaster, Roanoke, TX. Manager, Consumer Affairs s 7 ;z S.rfs "ov, C, it 14 OrA .COv is MOBIL ,00 AT 7 W7:Z7 ---w of H. X. F. (.6 65 TA PELL JAM 0. It io� ,ILL TOLL cr, 0 C—WU AA. _MSS~ go — MA Solool. rd. .. ... �w1 0, LL R:CH.A.Ra MADS L li I LL. CITY 0 HALL it IS otme ^kA V IF 5co ADEN JOHN Cif Ei DAM W. 1KNIGH I-sp! suf App", 71+3 P. P1 AT Ir MONTI r-SLLt B TIMA F4 R7 -4fc; 1 1 X POLL "Alf W.m DAV -.FC-17 'Y "0" APPROXIMATE CROSSROADS SQUARE FEES 1. Water and Sewer Impact Fees (based on eight 1" & four 2" water meters) 2. Water and Sewer Tap Fees (based on eight 1" & four 2" water meters) 3. Water and Inspection Fees (based on 3% of $120,000 construction cost) 4. Building Permit Fees (shell only; mechanical, plumbing and electrical rough estimate; 65,000 s.f. total space) $31,200. $ 6,800. $ 3,600. $11,800. GRAND TOTAL $53,400. Other Items to Consider 1. Park Dedication Fees $ 4,600. 2. Perimeter Road Fee $ 5,980. c:1 %pfiles 1 P6Z 1 Cr=roa& I Vil)/ V1 JUUl111GRC, ICJCQJ M E M O R A N D U M May 29, 1992 TO: HONORABLE MAYOR GARY FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: ANNUAL COUNCIL PHOTOGRAPHS I have arranged to have the Annual Council Photograph taken on Tuesday evening at 6:15 p.m. Bob Case with M&C Photography will be working with us on this once again. If you find that you will not be able to be here at 6:15 p.m., please give me a call as soon as possible, so that I can reschedule the photograph. sl ON 1 City of Southlake, Texas M E M O R A N D U M May 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-03 Zoning Change/Revised Concept Plan Approval/Timarron REQUESTED ACTION: Zoning change request and revised concept plan approval for two parcels of land from "AG" Agricultural to "R-P.U.D." Residential Planned Unit Development. Parcel "A" is legally described as 10.932 acres in the Hall Medlin Survey, Abstract No. 1038, Tract 2F and Parcel "B" is legally described as 1.008 acres in the John N. Gibson Survey, Abstract No. 591, Tract 1B1. This request would amend Ordinance No. 480-01A to Ordinance No. 480-01B. LOCATION: Parcel "A" is located on the east side of South White Chapel Blvd. between Continental Blvd. and Big Bear Creek. Parcel "B" is located at 1221 E. Continental. OWNER/APPLICANT: Timarron Land Corporation, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "R-P.U.D." Residenital Planned Unit Development LAND USE CATEGORY: Medium Density Residenital BACKGROUND INFO.: The revised concept plan represents the following changes: 1) Tract A (Pollard tract) is being added to the "R-P.U.D." 2) Tract B (currently shown as Open Space Corridor) is being changed to C-3 uses for golf club house 3) Tract C (currently shown as C-2 uses) is being changed to residential uses 4) Tract D (currently shown as Open Space Corridor and Floodway Open Space) is being changed to Golf Course 5) Tract E (Walton tract) is being added to the "R-P.U.D." The rezonings would increase the acreage of the project from 902.80 acres to 914.74 acres. This "R-P.U.D." adjoins 184 acres to the South of Big Bear Creek in Colleyville which Timarron Land Corporation, Inc. also owns. This revised concept plan is proposed to meet the 2.18 du/ac density requirement and would allow 1994 residential lots. NO. NOTICES SENT: Sixty-seven (67) RESPONSES: Five (5) written: In favor: W.B. Strange, Counsel to E-Systems; Norman J. Brown, 1550 E. Continental Blvd.; Barbara Rudduck, 217 Lilac Lane 7A- I 9 City of Southlake, Texas a Curtis E. Hawk, City Manager Zoning Change/Concept Plan/Timarron May 27, 1992 Page Two Opposed: Noah B. Pond, 920 S. Carroll Ave. Undecided: Lois E. O'Dair, Lot 5, East Haven Addition P & Z ACTION: March 19, 1992; Approved (4-0) subject to the March 13, 1992 Plan Review Summary, including all items. The Commission recommended that the "spine road" (North -South roadway from F.M. 1709) remain as shown on the plan but that the school site at S. Carroll and E. Continental Blvd. be removed from the plan. COUNCIL ACTION: April 7, 1992; Approved applicant's request to TABLE until May 5,1992. May 5, 1992; Approved applicant's request to TABLE until May, 19, 1992 with a work session on May 12, 1992 at 7:30 p.m.. May 19, 1992; Approved (5-2) the First Reading of Ordinance No. 480-01B subject to the April 16, 1992 Plan Review Summary. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated April 16, 1992. No additional revisions have been received. RPG IA-2 11 M APPLICATION FOR A6EMM= M ZCKMG MAP Application No. ZA U, -0 3 To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will inform you of the public hearing dates for both Planning and Zoning and City Council. You must be represented at both of the public hearings. There is a $100.00 fee for zoning; it must accompany this application. NAME OF APPLICANT : AMRESS : Timarron Land Corporation, Inc. c/o Susan Evans 300 E. Carpenter Frwv., Suite 1425 Irving, Texas 75062 DESCRIPTION (1)MS ACID BOLMS) OF PROPERTY MQUESTM TO BE REZONED: See attachments ZC - I G REQL=: FROM: AG and PUD 480-01A T0: Revised PUD 480-01B This application oust be accanpanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property to be rezoned. A plat map of the property showing the area requested for rezoning is to be attached to this application. February 10, 1992 DATE Before me, a Notary Public, on this day personally appeared v _ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this -7 day of 19 � '� ALMA WMHEIMBURG *�~�� NOTARY PUBLIC �,I� t State of Texas -�� `u� � ��•�� 1U7TA.RY PUBLIC LN AND FOR 2LKAS Comm. Exp. 01-28-95t- �fy Ccamission e:cpires the day of 19 9�1 7A-3 A Planned Unit Development in Southlake, Texas TIMARRON -by Timarron Land Corporation, Inc. 300 E. Carpenter Freeway Suite 1425 Irving, Texas 75062 February, 1992 CONCEPT PLAN REVISION CARTER & BURGESS, INC. 7950 Elmbrook Dr., Suite 250 Dallas, Texas 75247 U _ 4 DEVELOPMENT CONCEPT PLAN REVISION TIMARRON SOUTHLAKE, TEXAS PURPOSE The purpose for this application is to do the following: zone one (2) additional tracts of land (Tracts A and E) into the Timarron P.U.D. Development Concept Plan - Ordinance 480-01A; change a tract (Tract B) of previously designated Recreation Site/Open Space Corridor to C-3 Commercial for a golf club house area; change an existing tract (Tract C) of C-2 Commercial to Residential use; and convert the previously designated Open Space Corridor (OSC) and Floodway Open Space (FOS) to Golf Course (GC). The addition of Tracts A and E will increase the acreage of the project from 902.80 acres to 914.74 acres. PROJECT LOCATION The tracts are located in an area bounded generally by F.M. 1709 (Southlake Boulevard) on the north, Big Bear Creek on the south, Whites Chapel Road on the west and Carroll Avenue and Brumlow Avenue on the east. The land is located within the Southlake city limits and adjoins a 184 acre tract south of Big Bear Creek in Colleyville, Texas, also owned by Timarron Land Corporation, Inc. The attachments in this document provide the legal description of this project and a location map. OWNERSHIP Timarron Land Corporation, Inc. is a subsidiary of Mobil Land Development (Southwest) Corporation (MLDC) which was established in 1970 as a wholly owned affiliate of Mobil Corporation. MLDC has developed planned communities in Arizona, California, Florida, Georgia, Texas, and Virginia. EXISTING ZONING AND LAND USE Existing Zonine Tract A is currently zoned "Agricultural". Tract B is currently part of the Timarron P.U.D. Concept Plan as a Recreation Site/Open Space Corridor. Tract C is currently zoned P.U.D.-Commercial as part of the Timarron P.U.D. Tract D is currently part of the Timarron, P.U.D. Concept Plan as Open Space and Tract E is currently zoned "Agricultural". Existing Land Uses Tract A is a vacant residence known as the Pollard Tract. Tracts B, C and D are agricultural/open space, presently in P.U.D. 408-01A. Tract E is a residential lot known as the Walton Tract. Adjacent Land Uses The surrounding land uses for Tract A consist of P.U.D. residential uses. The surrounding uses for Tracts B, C, D, and E consist of agricultural/open space with proposed P.U.D. residential uses. 92301801.R01 I A-5 PROPOSED ZONING AND LAND USE Proposed Zoning The proposed zoning is for a Planned Unit Development District as identified in Ordinance 480-01A with a modified Concept Plan as illustrated in this application. Proposed Land Uses The existing Development Concept Plan for Timarron will be modified to include these 4 tracts. The proposed land uses for these two tracts will be placed in the approved land use categories in Ordinance 480-01A as follows: Tract A - Residential - 10.932 Acres Tract B - C-3 Commercial - Golf Course Club House Area - 13.18 Acres Tract C - Residential - 18.60 Acres Tract D - Golf Course - 147.62 Acres Tract E - Residential - 1.008 Acres The attached exhibits identify the location of these tracts in relation to the existing Development Concept Plan. Tract A, C and E will be developed as residential tracts to reflect the overall density cap of 2.18 du/acre for the entire 914.74 acres. Tract B will be developed according to the C-3 zoning restrictions identified in the Southlake Zoning Ordinance. i Tract D will be developed as a golf course. All street, utility and drainage improvements will be developed in accordance with the City of Southlake standards and those outlined in P.U.D. Ordinance 480-01A. Residential Density Cap P.U.D. 480-01 permits a 2.18 du/ac density cap. The 914.74 acres proposed in P.U.D. 480-01B will permit 1994 residential lots. 92301801.R01 7 A- � m 0 _ TIMARRON 1"=1 MILE LOCATION MAP 7A A - (-7 CARTER & BURGESS, INC. CIO ' JIMARRON NO SCALE EXISTING ZC". 1 A- 9 CARTER a MUMMS. 1NC.. SaAM•k• S ra WM 17021 IA AM c op % •��ll As r • Um- N••n•frrrl r.r•• _ p R • • �s • b � r` j rar• � 0 � -i p � •• M . � b ■ j y. rr. rrf 1r.•••M • �.•• walr tar•.............. _..... � . �— G. dr••tt R �.+w «� : � tat- far• �� •ar..r R i ; R �� e.0 0. Pmw Jr. I •FY AG fsrsoll PAW 3wtast p•iM • -� . • CoMin«N•1 eaa c— fail ■ ac f •• oc \ OC r•i_ Laa•arwe••...�. `\ \ a••f GOLF • mom p • \ R \ R R Gc �!• \ Gott Comm GC. -- PM 1-1 _•�FOS_ •I .o i � � -- COLLEYVILLE COLLEYVILLE Ad TIMARRON CONCEPT PLAN METES AND BOUNDS POLLARD TRACT TRACT A 10.932 ACRES BEING a 10.932 acre tract of land in the Hall Medlin Survey, Abstract No. 1038, Tarrant County, Texas and being more particularly described as follows; BEGINNING at a 60d nail found for the southwest corner of an 11 acre tract of land conveyed to Douglas R. Pollard by Warranty Deed, recorded in Volume 4057, Page 258 of the Deed Records of Tarrant County, said corner being in the centerline of White Chapel Road (Co. Rd. #3016); THENCE South 89°44'35" East, passing a 5/8 inch iron rod with cap stamped "Carter & Burgess" at 42.89 feet, said iron rod being in the easterly right-of-way of proposed (84 for right-of-way) of White Chapel Road, continuing in all a distance of 954.30 feet to a found 1/2 inch iron rod; THENCE North 00°04'18" East, 523.68 feet to a found 1/2 inch iron rod; THENCE North 89°21'10" West, passing 5/8 inch iron rod with cap stamped "Carter & Burgess" in the easterly proposed right-of-way of White Chapel Road at 818.35 feet, and in all a distance of 860.72 feet to a 60d nail in the centerline of said White Chapel Road; THENCE along White Chapel Road the following calls: South 07°58'45" West, 127.78 feet to a 60d nail set for corner; South 10°09'52" West, 263.64 feet to a 60d nail set for corner; South 11°50'55" West, 146.20 feet to the POINT OF BEGINNING, and containing 10.932 acres (476,195 square feet) of land, more or less. 92301801.R01 METES AND BOUNDS WALTON TRACT TRACT E 1.008 ACRES BEING 1.008 acres of land out of the J.N. Gibson Survey, Abstract No. 591, Tarrant County, Texas and being more particularly described as follows: COMMENCING at the S.E. corner of O.W. Knight Survey, Abstract No. 899; THENCE along north line of said J.N Gibson Survey and the south line of the O.W. Knight Survey, South 89°38'00" East a distance of 387.42 feet to a set nail for the POINT OF BEGINNING, said nail being North 00°25'O1" West, 19.44 feet from the most northeasterly corner of tract of land conveyed to Joe L. Wright as recorded in Volume 8023, Page 329, deed Records, Tarrant County, Texas; THENCE continuing along said north line of the Gibson Survey, South 89°38'00" East, 116.95 feet to a 60d nail set in the centerline of F.M. 3099 (Continental Blvd.); THENCE South 00° 25'01" East, passing a iron rod capped "Carter & Burger", at 19.44 feet and continuing in all a distance of 374.62 feet to a found 5/8 inch iron rod capped "David C. Moak"; THENCE South 89°34'59" West along a fence 116.94 feet to a fence post for corner; THENCE North 00°25'O1" West, passing an iron rod capped "Carter & Burgess" in the southerly right-of-way of Continental Blvd. at 356.77 feet, and in all a distance of 376.22 feet to the POINT OF BEGINNING, and containing 1.008 acres (43,901 square feet) of land, more or less. F 92301801.R01 1 A- 11 0 City of Southlake, Texas 0 CONCEPT PLAN REVIEW SUMMARY i CASE NO: ZA 92-03 REVIEW NO: ONE DATE OF REVIEW: 3/13/92 PROJECT NAME: Concept Plan - Timarron Residential P.U.D. Ordinance No. 480-01B OWNER/APPLICANT: Timarron Land Corporation 300 E. Carpenter Frwy. Suite 1425 Irving, Texas 75062 Phone: (214) 791-3333 Fax: (214) 541-0800 ENG/PLANNER/ARCHITECT: Carter & Burgess, Inc. 7950 Elmbrook Drive Suite 250 Dallas, Texas 74247 Phone: (214) 638-0145 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 2/24/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. Location map should show entire boundary of Timarron. 2. Add the following wording after Concept Plan in the title block: "For Residential Planned Unit Development". 3. We would like to further delineate some existing zoning on individual tracts per the enclosed mark-up. 4. Provide the owner's address on the plan. f 5. Several adjacent ownerships near Carroll Avenue do not match those shown on the Preliminary Plat. (See Mark-up) 6. Do you wish to add a "Community Facility" symbol to the area near Continental in Phase I, since it is the location of your planned Community Center? 7. Show the allowable maximum density based on the 914.74 acres. * Staff does not recommend requiring bufferyards at this scale of drawing. These will be required with Development Site Plans and/or individual lot site plans. * The applicant should be aware that any revisions made prior to City Council must be received at the City by 3/30/92 . All revised submittals should be folded 6" x 9" and include an 8.5" x 11" reduction. * Denotes Informational Comment cc: Timarron Land Corporation Carter & Burgess, Inc. City of Colleyville 7A- i2 �w I *. 0 iOU 1-KE, TARRANT COW". TEXAS LOCATION MAP �T-- Lua- Le. a,.A, •.AMAMr� ; F..— LLL0.- 1i0"" o.r, Ri10i1"' LAND USES WITHIN P.U.D. 480-01 C COMMERCIAL 4% Southlake_B�vd. (FM 1709) R .' RESIDENTIAL 19% • S FLOODWAY OPEN SPACE 1% • SF -IA �• AG $ • Y3 3 •C-c: g • � GC GOLF COURSE 16% •- _-- OPEN SPACE BUFFER • AG i ! • SCHOOL SITE • PARK SITE • • Lu0.- U[. OAA.f, w.MeMr a.M R R RECREATION SITE SF -IA --- • • ww•.,w • THOROUGHFARE (84' R•O.W.) • INTERNAL ACCESS ROAD • AG �AOAAme 4 e • - COMMUNITY FACILITY • _ '"" •� ! -------------� - a ---� �'--"` ^� i —0—ftE MAXIMUM OE.LT. 'GROSS, - 2.,E eu acre fs EMS b.[ - ME DWSAM UNITS EEE • W.AMUN POEM SPACE - ,0•. Of GROSS ACREAGE RE S AXXX-- S SO • • LU.a- I.AM UEe D-W dA• RAM coy MAAA. AAAn •AG +Mn a..w n.a� 6$ a` i i R T AG • j • LunMea - M•0Wm OA.r R—. • • • Lun- MAatAn 0Mr•r ReYAeM. • � ♦ ._�-r,� R R.. • .•.[[. • 0 Lua- Me46An D—fty AAAM�Y • fE q SF-1A R AG C AG [ • .�.Mo[. n�i . a.Mo. .[f> SF-208 S IAn 12,u�ln.a tj • • Continental Blvd. C-1 C u;Es ■ "-'_� _ SF-1at TRACT E� - oAIGI • 2 Qr R.P.U.D. m :•••. .••. •• • U AG E E R Rco • U 'T - -•yam•: •••.•••.•• I --J2 R RE �.5=Qc w Lun- Me GAEY EAA — fNinAG J[ R R q " T q - -__ FOS '*= -- - PUO 1-1 AG COLLEYVILLE a•.o. « '•A' "" °' COLLEYVILLE AG R-20 AG TIMARRON CONCEPT PLAN REVISED FROM P.U.O. 450-01A TO 4E10-01B 914.74 ACRES .00 TIMARRON LAND CORPORATION. INC. SOUTHLAKE.TEXAS 2-10-92 IA-13 'CARTER 8 BURGESS � [•.clnaAs•rw+EAs•w v City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 92-03 REVIEW NO: TWO DATE OF REVIEW: 4/16/92 PROJECT NAME: Concept Plan - Timarron Residential P.U.D. Ordinance No. 480-01B OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Timarron Land Corporation Carter & Burgess, Inc. 300 E. Carpenter Frwy. 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas, Texas 74247 Phone: (214) 791-3333 Phone: (214) 638-0145 Fax: (214) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 4/14/92 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. * Staff does not recommend requiring bufferyards at this scale of drawing. These will be required with Development Site Plans and/or individual lot site plans. * The applicant should be aware that any revisions made prior to City Council must be received at the City by 4/27/92 All revised submittals should be folded 6" x 9" and include an 8.5" x 11" reduction. * Denotes Informational Comment cc: Timarron Land Corporation Carter & Burgess, Inc. City of Colleyville 7A-lY 4 LLLD.- 1— D••ar ArY•rr iE--LLLO-Y+..o.+►�+.•++�LAND USES WRHIN P.U.O. 4ti0-018 LYa- I•• o.r•r AY•r••--� © COMMERCIAL sa' Southlake Blvd. (FM 1709) j 1 ® RESIDENTIAL »x ®S FLOODWAY OPEN SPACE 1% AG- • C —. SF -IA W MCI GOLF couase lea. ' :- IIAJ � E AG I - �- • • I OPEN SPACE BUFFER �•"�' ; I mw�`� • ° I i AG • SCHOOL SITE AG Y• � ■ PARK SITE -- �• R • R RECREATION SITE SF -IA — • wrA•w _ TNOROUGIIRARE le•' RALWJ • • INTERNAL ACCESS ROAD re•am� �+++ COMMUNITY FACIUT AG --- A'� : ,E T . --__.RE._... �_`___---'--_ � AIIOWAKa WaIYUY OIMr�lO.O•f�-L1•arw•Nr•w.IaAY•a-a5•a OrlLle UNnl a � ;' rrYur WVI A.CE - 0%OF OWfi ACIIEAOE Y :. •. : LIW- LAW IM comma • Ilr• C" Y.� Rw — Bar. -.•. ! i l 3 1 I• AG R AG LUn- YYF• D.rF •.dart •_ Sad , �a.aAr p•r ..acaa AG~SF-IA C-1 e.aY•.•Yr.. C u5n (6011- D. �I m R RE1 R R R I AG Lun- Y•4•• on." AaYar•Y I � • • o ir..F R a •Yana I` • • _ I Lun- MadF• Orr► Aa1Yra/ • • V R • r. a eY.r •AO• c— A....r•n •a.r•Gr : • Continental Blvd. 1 • -'! r SF -I • delYj��� r.rA E R LUD.- r,w We j �• ••• •••••• • U `AG R ' GC • '• • q\ L / C —�� 1GC er. ua-Ys. •.rm• - �-- EGOLF B HOUSE - AG R �� R _ GOLF COURSE � GC �•`-- •u= i 1-1 m.w•a•• PUD 1-1 Fos — AG':..,, J COLLEYVILLE o.....•.. .,.n•,r.r ,r...r.., "•"""'e COLLEYVILLE AG >G R-z0 �.aao.. �Ano coarawATw.��\ TIMARRON CONCEPT PLAN FOR RESIDENTIAL PLANNED UNIT DEVELOPMENT REVISED FROM P.U.D. 480-UTA TO 4e0-010 914.74 ACRES 'MARRON LAND CORPORATION .ai_.- =a EEWAv SWE w15 4 y-TEEAS 'SCaz 'CARM 3 SURCESS.I.%c ewu-Ye•rt+wrn•wm.m %t-15 1 y�iyf w� i 13 CITY OF SOUTHLARE, TEXAS ORDINANCE NO. 480-01-B AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLARE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLARE, TEXAS, BEING APPROXIMATELY 10.932 ACRES OF LAND OUT OF THE HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TRACT 2F, AND APPROXIMATELY 1.008 ACRES OF LAND OUT OF THE JOHN N. GIBSON SURVEY ABSTRACT NO. 591, TRACT 1B1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", FROM AG AGRICULTURAL DISTRICT TO PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT IN ACCORDANCE WITH EXHIBIT "B" ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND THE ATTACHED CONCEPT PLAN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REAS, the City of Southlake, Texas is a rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as AG Agricultural under the City's Comprehensive Zoning Ordinance; and stake\480-01-8 -1" ELI WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population; and effect on transportation, water, sewage, schools, parks and other public facilities; and WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and 7C&. - .7 slake\480-01-8 -2- the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Southlake, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract to tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. 7Q- stake\480-01-8 -3- OR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: BEING an approximately 10.932 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038, Tract 2F and an approximately 1.008 acre tract of land out of the John N. Gibson Survey, Abstract No. 591, Tract 1B1, as more fully and completely described in Exhibit "A" attached hereto and incorporated herein. From AG Agricultural District to Planned Unit Development Residential District. The types, intensity, and density of land uses on the above tracts shall be in accordance with the approved Concept Plan attached hereto as Exhibit "B." The approved Concept Plan covers a total of 914.74 acres of land and includes 902.80 acres previously zoned for Planned Unit Development under Ordinance Nos. 480-01 and 480- 01-A, in addition to the hereinabove described tracts. No building permits shall be issued and no actual construction shall commence on any portion of the PUD project until a Development Site Plan is approved in accordance with the provisions of the Comprehensive Zoning Ordinance and the property is platted in accordance with City regulations. A City/ Developer Agreement must be executed prior to or contemporaneous with final plat approval. SECTION 2 That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. 7w - / 4 slake\480-01-8 .4- SECTION 3 That in all other respects the use of the tract or tracts of land hereinabove described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. SECTION 4 That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, drainage and surface water, parks and other commercial needs and development of the community. The have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 7a,-o.o slake\480-01-8 -5- SECTION 5 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6 That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such 74a slake\480-01-8 -6- R ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF slake\480-01-8 1992. MAYOR ATTEST: CITY SECRETARY 11 Doi 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: 74, -.2 3 slake\480-01-6 -a- ORDINANCE NO. CITY OF SOUTHLARE TELECOMMUNICATIONS ORDINANCE CITY OF SOUTHLARE 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. . . . 6 (f) Space for City's Use in New Facilities. . . . . . . 7 (g) Non-commercial Use by City . . . . . . . . . . . . . 8 (h) Use of Facilities by Other Entities. . . . . . . . 8 (i) Location of Transmission Media. . . . . . . . . . . 9 SECTION 6 - CONSTRUCTION, MAINTENANCE AND EXCAVATION . . . . 9 (a) Removal of Dangerous Facilities. • 9 (b) Excavation and Restoration . . . . . . . . . . . . . 10 (c) Protection of the Public . . . . . . . . . . . . . . 11 SECTION 7 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT . . 11 (a) Other Right -of -Way Construction. . . . . . . . . . 11 (b) Rights -of -Way Grants to Others. . . . . . . . . . . 12 (c) Alterations or Changes to Rights -of -Way. . . . . . 12 (d) Relocation of Facilities. . . . . . . . . . . . 13 SECTION 8 - TEMPORARY REARRANGEMENT OF AERIAL WIRES . . . . . 15 SECTION 9 - TREE TRIMMING . . . . . . . . . . . . . . . . . . 15 SECTION 10 - INDEMNITY . . . . . . . . . . . . . . . . . . . 16 SECTION 11 - ADMINISTRATION OF ORDINANCE . . . . . . . . . . 16 (a) Inquiries ... . . . . . . . . . . . . . . . . . . . 16 (b) Documents . . . . . . . . . . . . . . . . . . . . . 16 (c) Rules . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 12 - COMPENSATION TO THE CITY . . . . . . . . . o 17 (a) Gross Receipts Charge. . . . . . . . . . . . . . . 17 (b) Billing of the Charge. . . . . . . . . . . . . . . 17 i (c) Annual Adjustment of the 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 . . . . . . . . . . . . 23 SECTION 14 - MUTUAL RELEASES . . . . . . . . . . . . . . . . 23 SECTION 15 - FUTURE CONTINGENCY . . . . . . . . . . . . . . . 24 SECTION 16 - REPEAL OF PREVIOUS ORDINANCE AND PRECEDENCE OF THIS ORDINANCE . . . . . . . . . . . . . . . . . 25 SECTION 17 - GOVERNING LAW . . . . . . . . . . . . . . . . . 25 (a) Interpretation . . . . . . . . . . . . . . . . . . . 25 (b) Combined Efforts . . . . . . . . . . . . . . . . . . 25 (c) Performance in Tarrant County. . . . . . . . . . . 25 SECTION 18 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE . . . 26 7", -, 3 f Dr4DTIWCE NO. ORDINANCE WHEREBY THE CITY OF SOUTHLAKE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, THE TELEPHONE COMPANY MAY OPERATE ITS TELECOMMUNICATIONS BUSINESS IN, ALONG, ACROSS, ON, OVER, AND UNDER ALL PIIBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PIIBLIC WAYS IN THE CITY; PROVIDING A TERM; PRESCRIBING THE COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PIIBLIC RIGHTS -OF -WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; 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 TELEPHO PANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Southwestern Bell Telephone Company (hereinafter referred to as the "Telephone Company") is now and has been engaged in the telecommunications business in the State of Texas and in furtherance thereof, has erected 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 caused the traditional method of determining the amount of compensation to municipalities to become administratively impractical and obsolete for telecommunications utilities only. In order to resolve these issues in a manner satisfactory to both the City and the Telephone Company, the City and the Telephone Company have chosen the method of determining the amount of compensation provided for in this Ordinance to eliminate the expense and time related to audits, to achieve administrative simplicity, to provide the City with predictable revenues and an opportunity for growth and to avoid the expense and delays of litigation which could be necessary to resolve any issues in controversy between the parties; and WHEREAS, this Ordinance is adopted by the City Council of the City of Southlake pursuant to the provisions of Article 1175, Section 2, V.A.T.S., Article 1446c, Section 21, V.A.T.S., and Chapter X of the Charter of the City of Southlake; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City pursuant to Section 10.02 of the Charter of the City of Southlake, establishing the conditions under which the Telephone Company shall maintain and construct its physical plant in the City in the future; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS, THAT: 2 stakeII\swbell.or1 r 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 slakell\swbell.orl r obtain a franchise agreement from the City for that purpose, under such terms and conditions as may be required by law. SECTION 3 - DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: (1) FACILITIES: all Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media. (2) USE: any Telephone Company acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the public rights -of -way for any purpose whatsoever. (3) CITY: The City of Southlake, Texas. (4) RIGHTS -OF -WAY: all present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the City. (5) DIRECTION OF THE CITY: all ordinances, laws, rules, regulations, and charter provisions of the City now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. (6) TRANSMISSION MEDIA: all Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes. 4 s1akeII\swbell.or1 '%& 7 (7) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the City shall be exclusive, and the City reserves the right to grant franchises, licenses, easements or permissions to use the public rights -of -way within the City to any person or entity as the City, in its sole discretion, may determine to be in the public interest. (8) TELEPHONE COMPANY: Southwestern Bell Telephone Company. SECTION 4 - TERM This Ordinance shall continue for a period of seven (7) years from the effective date hereof; provided that at the expiration of the initial period, such term may be extended by mutual written agreement of the City and Telephone Company. SECTION 5 - GENERAL CONDITIONS OF USE (a) Placement of Poles and Equipment. All poles placed shall be of sound material and reasonably straight, and shall be set so that they will not interfere with the flow of water in any gutter or drain, and so that the same will not unduly interfere with ordinary travel on the streets or sidewalks. The location and route of all poles, stubs, guys, anchors, conduits, fiber and cables placed and constructed by the Telephone Company in the construction and maintenance of its telecommunications system in the City shall be subject to the lawful, reasonable and proper control and direction of the City. - 5 - slakeI1\srbe1l.or1 /'1 i" (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 direction of the City. The Telephone Company may be required to place certain facilities underground according to reasonable requirements that may be adopted from time to time by the Southlake City Council; provided, however, Telephone Company shall be given due notice and shall be entitled to a hearing before the Southlake City Council prior to the adoption of any such requirements. (d) Non-interference. All use of the rights -of -way by the Telephone Company shall interfere as little as reasonably practicable with the use of the rights -of -way by others. (e) Space for City's Use in Existing Facilities. The Telephone Company shall permit the City of Southlake to use without charge, solely for its own non-commercial telecommunications purposes, the following described facilities: One duct in all of Telephone Company's existing ducted facilities within the city slakeIl\swbell.orl 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 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, - 7 - slakeII\srbell.on 7,G-- -/D including, but not limited to use and exchange of facilities to meet requirements. The City shall keep Telephone Company aware of its needs and shall notify Telephone Company in writing when it utilizes Telephone Company facilities. (g) Non-commercial Use by City. City shall not sell, lease or otherwise make available its right to use Telephone Company's facilities to any third party for commercial purposes. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use of such facilities shall occur. (h) Use of Facilities by Other Entities. The Telephone Company is not authorized to license or lease to any person or entity the right to occupy or use the City's rights -of -way for the conduct of any private business. The Telephone Company may be required to attach its transmission media to facilities owned and maintained by any person or entity franchised by the City or to permit the transmission media of any person or entity franchised by the City to be attached to the facilities owned and maintained by the Telephone Company upon reasonable, non-discriminatory terms. The Telephone Company may require any person or entity to furnish evidence of adequate insurance covering the Telephone Company and adequate bonds covering the performance of the person or entity attaching to the Telephone Company's facilities as a condition - 8 - slakeII\swbeLI.or1 precedent to granting permission to attach transmission media to Telephone Company's facilities; provided Telephone Company's requirements for such insurance shall be reasonable, as determined by the City. (i) Location of *Transmission Media. Transmission media shall be so located on the facilities as to be safe and not to interfere unnecessarily with the use of the rights -of -way by others, including persons or entities authorized to use the facilities. The Telephone Company shall not be required to attach its transmission media to the facilities of any other person or entity or to permit the transmission media of any other person or entity to be attached to Telephone Company's facilities if it can be shown satisfactorily to the City that the Telephone Company will be subjected to increased risks of interruption of service or to increased liability for accidents, or if the facilities of the other person or entity are not of the character, design, and construction required by, or are not being maintained in accordance with industry standards or practice. SECTION 6 - CONSTRUCTION, MAINTENANCE AND EXCAVATION (a) Removal of Dangerous Facilities. The City shall have the power at any time to order and require the Telephone Company to remove any of its facilities that are dangerous to life or property, and in case the Telephone Company, after reasonable notice to the Division Manager over outside plant engineering and - 9 - slakeIl\srbell.orl 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. (i) 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 federal, state, and City, laws, 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. (ii) Telephone Company shall promptly restore to as good condition as before the commencement of work as determined by the Director of Public Works, all rights -of -way damaged or excavated by the Telephone Company. If the City reasonably determines within one year from the date of the restoration, that the right-of-way requires additional restoration work to place it in as good a condition as before the commencement of the work, the Telephone Company shall perform the additional work to the reasonable (,,W — 10 — slakell\srbell.orl �FA, l 3 satisfaction of the 'Director of Public Works. The Telephone Company shall not obstruct a right-of-way for a longer period than P Y reasonably necessary to execute all work. (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 work, nor shall the City be liable to the Telephone Company for any slakell\srbell.orl 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 alternative proposals to the City, and the City shall give due - 12 - slakeII\subell.orl 7�. �r 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. (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 City's Director of Public Works and the Telephone Company's - 13 - slakeIl\swbell.orl ,� —/s::;. Division Manager over outside plant engineering and construction will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If the Telephone Company continues to delay or does not meet the revised completion date, the City's Director of Public Works shall provide not less than five (5) days written notice to the Telephone Company's Division Manager over outside plant engineering and construction advising the Telephone Company of the City's intent to relocate the affected facilities. If after expiration of the written notice required by the preceding sentence, the Telephone Company continues to delay, the City shall have the right to relocate the affected facilities, and the Telephone Company shall reimburse the City for all costs of the relocation. The City shall not be liable to the Telephone Company for any damage to the facilities unless proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. The relocation by the City will be performed only when the Director of Public Works determines that it is necessary to prevent disruption of a City project. The relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with the Telephone Company prior to the necessary relocations and will not attempt to relocate the facilities until the City has exhausted the foregoing procedures. slake1J\srbetl.or1 - 14 - The Telephone Company shall ultimately be responsible for the final permanent relocation of the Telephone Company's facilities. SECTION 8 — TEMPORARY REARRANGEMENT OF AERIAL WIRES Upon request, the Telephone Company shall remove or raise or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the Telephone Company may require payment in advance. The Telephone Company shall be given not less than forty- eight (48) hours advance notice to arrange for such temporary rearrangements. SECTION 9 - TREE TRIMMING The right, license; privilege and permission is hereby granted to the Telephone Company, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public ways of the City so as to prevent the branches 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. - 15 - slakeII\swbell.or1 7,j�(--iy 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 Commission of Texas shall be provided to the City upon request. (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 - slakelI\srbell.orl 711A__ - / 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 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, 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, corporate franchise tax 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 $10,800.00. 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 - slaketI\sribell.orl 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; and (4) such charges are subject to an interstate end user common line ("EUCL") charge as imposed by the Federal Communications Commission ("FCC"). (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 following the date of expiration of this Ordinance. If, however, slakell\srbell.orl �� -,O�, / 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. ( f ) Audits. The City agrees to rely upon audits by the Texas Comptroller of Public Accounts of State telecommunications sales taxes as reported by the Telephone Company which are performed in - 19 - slakeII\smell.orl compliance with Sections 151.023 and 151.027 of the Texas Tax Code Annotated (Vernon's 1982). The Growth Factor shall be recomputed to reflect any final, nonappealable adjustments made pursuant to an audit finding by the Texas Comptroller of an inaccuracy in the Telephone Company's reports of revenues subject to State telecommunications sales taxes. The Charge shall be recalculated using the Growth Factor recomputed as specified in the preceding sentence, and the recalculated Charge shall be used for all future calculations required by this Ordinance. Any overpayment or underpayment resulting from such recalculation shall be subtracted from or added to the first installment due the following year. If any overpayment or underpayment shall be due during the final year of this Ordinance, then payment shall be made as follows. In the case of overpayment by the Telephone Company, the City shall pay such overpayment to the Telephone Company within 150 days following the expiration of this Ordinance and, in the case of underpayment by the Telephone Company, the Telephone Company shall pay such underpayment to the City within 150 days following the expiration of this Ordinance. (g) offset in Case of Invalidation. Should the City not have the legal power to agree that the payment of the Charge calculated in this Section may be accepted in lieu of the tax, license, charge, right-of-way permit or inspection fees, or any right-of- way easement, street or alley rental, corporate franchise tax, or other character of charge for use and occupancy of the right -of- - 20 - sLake1I\srbeLL.or1 7,- a� way within the City, then the City agrees that it will apply so much of the compensation under this ordinance that is necessary to pay the tax, license, charge, right-of-way permit or inspection fees, or any right-of-way easement, street or alley rental, corporate franchise tax, or other character of charge. (h) Annexation and Disannexation. (i) If territory within the boundaries of the City is disannexed and a new incorporated municipality is created or an existing incorporated municipality is consolidated or annexed and the affected municipality is serviced by the Telephone Company, notwithstanding other provisions of this ordinance, 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. (ii) If a city is annexed or consolidated into the City, the charge for the City will be adjusted to include the amount of the payment, if any, made by the Telephone Company in the preceding payment year to the 'incorporated municipality being annexed or consolidated. If the annexed municipality did not impose a charge or if the territory is disannexed and a new incorporated municipality is created, then 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 - 21 - slakeII\sribell.orl Comptroller of Public Accounts for purposes of the local sales and use tax. This sum shall be divided by the total Gross Receipts which were billed within the City during the last full calendar month prior to the date of the annexation or disannexation in accordance with the rules of the Texas Comptroller of Public Accounts for purposes of the local sales and use tax. The resulting figure shall be rounded to four decimal places and yields the percentage by which the Charge shall be adjusted; in the case of annexation, the Charge shall be increased by this percent, and, in the case of disannexation the Charge shall be decreased by this percent. The Charge, as adjusted, shall be prorated for the remainder of the calendar year following the date of the annexation or disannexation in accordance with the rules of the Texas Comptroller of Public Accounts for purposes of the local sales and use tax. Once adjusted, the new Charge shall be used for, all future calculations required by this Ordinance. (i) Method of Collection of Charge. The recovery of the Charge from Telephone Company's customers is subject to the jurisdiction of the regulatory authorities and not the City. The obligation of Telephone Company to pay compensation under this Ordinance is contractual, and the City makes no requirements as to the method the Telephone Company uses to recover the Charge. I slakeII\swbell.or1 22 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 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, - 23 - slakeII\swbell.orl 7,d- ZZ, /, 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. 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 - 24 - stakeII\swbett.orl ?ti-a� F46 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 - REPEAL OF PREVIOUS ORDINANCE AND PRECEDENCE OF THIS ORDINANCE Ordinance No. 189, adopted August 15, 1972, as amended, is repealed upon the effective date of this ordinance. This ordinance takes precedence over any past or future ordinance that would, by its terms or effect, regulate the use or occupancy of the City's right-of-way by the Telephone Company for its telecommunications system as described and regulated in this ordinance. SECTION 17 - 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. (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. slakelI\swbell.orl 25 - SECTION IS - 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 final passage. The Telephone Company shall have thirty (30) days from and after the final passage of this Ordinance to file its written acceptance of this Ordinance with the City Secretary. This Ordinance shall become effective beginning the first day of the quarter not less than forty-five (45) days after its final passage by the City. PASSED AND APPROVED following the hereof this day of 1992. ATTEST: City Secretary reading —01 Mayor, City of Southlake, Texas 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 - stakeII\srbell.ort i City of Southlake, Texas I M E M O R A N D U M May 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Requested Changes in Administrative Search Warrants, Ordinance No. 561 During the presentation of the Administrative Search Warrant Ordinance, questions acrose concerning Section 7, involving execution of the search warrant. The proposed changes are to clarify that forcible entry will be made only in the presence of imminent danger or peril to life or property. Attached is a recommended policy for the procurement of an administrative search warrant. 46' BC/kb Attachment: City Ordinance modifications &—1 ti ADMINISTRATIVE SEARCH WARRANT, ORDINANCE #561 Procedure for procurement of an administrative search warrant. A. When an inspector, as defined in Article 1, Section 1, has exhausted all other remedies to abate the code violation, then an administrative search warrant could be authorized. B. The inspector will present, in detail, his reasons for requesting an administrative search warrant to the Director of that City Division. The Division Director will advise the City Manager of the action being undertaken. C. The reasons for an administrative search warrant must include all conditions authorized in Section 5 and Section 6 of the Administrative Search Warrant Ordinance. A collective decision made by the Inspector, Director, and City Manager must be reached before contacting a magistrate. D. Sections 7, 8, and 9 will be rigidly adhered to if a magistrate issues an administrative search warrant. 7c, A REG AN INANCE PROVIDING FOR ISSIIANCE OF MINISTRATIVE EARCH WARRANTS AND ENFO EMENT ORDERS OR THE PURPOSE OF INSPECTIONS :/SPAPER,;*AA EMENT OF ORDI CES OF THE CI OF SOIITHLARE; THAT THIS RDINANCE SHAL BE CUMULATIVE OF NCES; PRO DING A SEVE ILITY CLAUSE; PROVIDIPENALTY OR VIOLATION HEREOF; PROVIDING A SAVE; PRO DING FOR PIIB CATION IN THE OFFICIAL ND P VIDING AN EF CTIVE DATE. , the City of Southlake, Texas acting under", s cter 94opted by th�"lectorate 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 provids 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 SOIITHLAKE, 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\adrmsrch.ord .1- 7 'OsC 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, slake\admnsrch.ord -2- ` e - 3 Fire Code, or any ordinances related to the use or condition of property or a nuisance on they 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\adcrosrch.ord -3- 7 C —�e SECTION 5 PROBABLE CAUSE FOR SEARCH WARRANT No se arch warrant shall be issued pursuant to this ordinance except on the presentation of evidence of probable cause to believe that a violation is present or that reasonable administrative standards for conducting an inspection are satisfied with respect to the premises sought to be inspected. A sworn affidavit setting forth substantial facts toward establishing probable cause or reasonable administrative standards shall be filed in every instance in which a search warrant is requested. In determining probable cause, the Magistrate shall consider the totality of the circumstances behind Ithe issuance of the search warrant and may consider and weigh evidence of specific knowledge or any other evidence that a substantial basis exists that a search warrant would uncover evidence of a violation. In determining whether reasonable administrative standards are satisfied for the issuance of a warrant, the Magistrate may consider and weigh the following: 1. The age and general condition of the premises; 2. Previous violations or hazards found present on the premises and the scope and objects of the search; 3. The type of premises; 4. The purposes for which the premises are used; 5. The presence of hazards or violations and the general condition of premises near the premises sought to be inspected; or 6. The passage of time since a previous inspection. slake\adwsrch.ord SECTION 6 CONTENT OF SEARCH WARRANT A search warrant issued pursuant to this ordinance shall be sufficient if it contains the following requisites: 1. That it run in the name of the "State of Texas;" 2. That it identify as near as may be the premises to be inspected, and the scope and objects of the search; 3. That it command an inspector or peace officer to inspect forthwith the premises described; and 4. That it be dated and signed by the magistrate. SECTION 7 EXECUTION OF SEARCH WARRANT The inspector shall, upon going to the premises ordered to be inspected, give notice of his purpose to the person who has charge or control of the premises described in the warrant. If such person cannot be found, a search may be conducted in accordance with the search warrant provided that a copy of the warrant shall be affixed to the front door of the building or gate of the premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances. SECTION 8 DAYS ALLOWED FOR SEARCH WARRANT TO RUN An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. The time allowed for the execution of a search warrant shall be three (3) whole days exclusive of the day of its issuance and of the day of its execution, or such shorter period as may be ordered by the magistrate. The magistrate issuing a search warrant under the provisions of this section shall endorse on such search slake\adnnsrch.ord -5- 74c- 6 y 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\adnnsrch.ord .6' ! e - -7P 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. stake\adrmsrch.ord -7- IR SECTION 12 AUTHORIZED ENTRY WITHOUT AN ENFORCEMENT ORDER An administrative enforcement order shall not be required under the following circumstances: 1. When permission to perform the abatement work or improvements has been granted by someone with apparent charge or control of the premises. For purposes of this paragraph, permission may be granted either verbally, in writing or by some other action indicating consent; or 2. Where there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for an enforcement order would materially increase the likelihood of loss from such danger or peril; and 3. When the abatement work or improvements are on open fields or unoccupied or undeveloped areas. SECTION 13 -POWER OF INSPECTOR EXECUTING ENFORCEMENT ORDER In the execution of an enforcement order, the inspector may call to his aid any number of citizens in the City who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful' enforcement order issued pursuant to this ordinance shall be guilty of a misdemeanor. SECTION 14 EXECUTION OF ENFORCEMENT ORDER The Inspector shall, upon entering the premises for the purpose of abatement, give notice of his purpose to the person who has charge or control of the premises. If such person cannot be found, the work may be performed in accordance with the enforcement •order provided that a copy of the order shall be affixed to the slake\adansrch.ord -a- 7c y . 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 slake\adansrch.ord -9- ! C-/O_ IR 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- , 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 I ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slake\adwarch.ord ' »' C- 12 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, QnI �€ the g M. are cspeh anh �ar��r unc cc g3ed zx such a ups. ancesK p evided that a copy of the warrant shall be affixed to the front door of the building or gate of the premises inspected. ifi en ry a not be gained;: to ':the . premises wiout the use of force, thhavvever s3ight Inc.luding for example: the: ked doorar to climb minimum force necessary according to the circumstances. 0 City of Southlake, Texas N M E M O R A N D U M May 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-16 Zoning Change Request REQUESTED ACTION: Zoning change request for 2.47 acres out of the Francis Throop Survey, Abstract No. 1511, Tracts 1S, 1T, 1T1, and lU LOCATION: North side of E. Dove Road approximately 600 feet West of the intersection of North Kimball Avenue with East Dove Road OWNER: Unique, Incorporated; Barbara Bone, President APPLICANT: James M. and Linda Tompkins CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twelve (12), I , RESPONSES: Two (2) written responses, both in favor: * Mrs. Jimmie Lee Cox, 1645 Creekside Drive, "I do not want trailer homes build there." * Mabel Cate, 2050 E. Dove Road, "No reason to object." P & Z ACTION: May 21, 1992; Approved (5-0) !� I KPG Off CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: 7--71U Case Number: ZA 71- 1� Fee: $100.00 Receipt No. PLEASE TYPE OR PRINT A. APPLICANT \ OWN ER(S) (if different) Name����s�`�. \�J�g \o�pk.as \�h> AFL �.,CcePc2A�i Agent: Address: �e��-.�-�.�\c —(a\>CA Telephone:\--Z� \4 - AZT- a8\o� -i=:111S.. Z�L \,-k- Ss\-0 - a, B. PROPERTY DESCRIPTION: Legal Description: ()G ) Property is unplatted according to the County Deed Records Vol. , Page It is shown as Tract of the Survey, Abst. No. , City Tax Records. ( X ) A metes and bounds description is attached. ( ) Property is platted and described as: Subdivision Name: Block , Lot(s) Block , Lot(s) ( ) Address of Subject Property: Property Location: Acreage: ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ()( ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS", "SF-3011, "SF-20A", "SF-20B", "MF-1", "B-1", "B-2", "HC", "S-P-2" zoning requests. (Required prior to development site plan submittal, 14ut optional at the time of zoning request for "0-1", 110-2", "C-119, "C-210, "C-311, "C-41', "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. d A-,7 City of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Present Zoning: A 6 Requested Zoning:/ S F- 1 A Existing Use: aC&,Xt Reason for Requesting the Change: D. AUTHORIZATION BY OWNER(S): Proposed Use':,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 present at the Planning and Zoning Commission hearings. _ Signat a of Owner_ `_ .--,_Name Z E. AUTHORIZATION IF AGENT INVOLVED: or Prin for me (us) to be and City Council public i�,30 / %Z Date owner of the aforementioned property do hereby certify that I have given my permission to AV\ � �= to act as my agent for this rezoning request. Signatuke of Owner(s Name Tvped or Pr Date Before me, a Notary Public, on this day personally appeared Hjr�ar-- Gnu �r�srdint�f L1,3, yL,�-- Z)c known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this .30 day of C 19 9,l-j NOTARY PUBLIC ZN AND FOR TEXAS My Commission expires the / 9b� day of '/roc-26..i , 19 q q Dawson Muller tiger, Inc. Ite�er',rired P,.¢rrar:,«ot Itwd snr�.rs _t211 Norton lhirrc Saitc 1112 Fat Worth, Tcxu 76118 817-5894= Property Description for Zoning 2.47 Acres in the F. Throop Survey Abstract # 1511 Being a tract of land situated in the F. Throop Survey, Abstract Number 1511, City of Southlake, Tarrant County, Texas, also being all of those certain tracts of land as described by deed to Unique incorporated as recorded in Volume 8476, Page 622, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the southeast corner of a 1.186 acre tract of land as described by deed to Thomas Schneider as recorded in volume 9334, Page 1476, said Deed Records, said corner being in the north right-of-way line of Dove Road (County Road N 3080), and being South 379.15 feet of the southeast corner of Lot 3, Block 1, Twin Creeks Addition, as recorded in Volume 388/150, Page 74, Plat Records Tarrant County, Texas; Thence North, 546.20 feet along the common lines of the said Unique Inc., Ichneider, and Twin creeks Addition, to the southwest corner of S. N. andel Jr. tract; Thence East, 182.50 feet along the south line of said Sandel tract, to the west right--of-way line of Torian Lane as recorded in Volume 45970 Page 345, said Deed Records; Thence South, 634.82 feet along the said West right-of-way line of Torian Lane, to the aforementioned north right-of-way line of Dove Road; Thence N 64006' W, 202.87 feet along the said north right-of-way line of Dove Road, to the POINT OF BEGINNING and containing 2.47 acres of land more or less_ SURVEYOR CERTIFICATION 1, David L. Dawson, Registered Professional Land Surveyor, in the State of Texas, do hereby certify that the above property description was compiled from Deed and Plat Records. 4672 +Z,. I I �,s, as i0M David L. Dawson Registered Professional Land Surveyor �� Texas Registration No. 4672 - - - 2A II l 1• t 141 \ � � � • z e94c 11 0 �tj o f 4- AC - r �¢_ F A- �- OBST. 1983 G IgIA •ge4 1 �•CO�o '.9F ENC'"E[11%' �\ a 2r 2E z0 9.r ` 7oa Ac - — 9Ac i3_—f-2p I! 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I P2�ta c2; ,B 4B D ,1 TRACT LOCATION MAP r I -- 4 x i5oe 5C1A 11 �... 3• 8A _ 5 — - SA 3 ,46d><. .•l , I G f SMI SL `_ 0 7 I _ .5 AC 12 cn Y TR iVi TR iGi AC w .46 AC .39 Q U TR iP R ' 3 .45 AC TR IW 041AC TR SM I .5 AC .5 AC 6 TR iPi .45 AC EpD0 TNT 6 TR 101 Sou 2165 1 .5 AC 2 TR SXS 14 5 AC TR 10 •5 TR IN .5 AC 1 AC TR IX I 5 AC 15 i 4 l Sandel, S OpK 2 Simpson, H. "AG" Thompson, TR iJ �� ,SJ Miro S TR SR i AC TR 1Y • 5 AC QQ John EK i AC TR SJi 2 G � "SF1 3 A" „AG„ .5 AC w OQ9 TR IS George, H. TR iB2 1.11 @ O ~ Cox, Jimmi 2 a 4 "SF1 All 1 A TR iZ TO 10 - 1 AC w "SF1-A" i AC w U "AG" Schneider TR IT arthelemy, Thomas .5 AC 1 Wm. TR 1EE2 McPherson, "AG" 1.18 AC TR iTi Ricky 2 � AC 28i .5 AC TR IAA TR 1E "AG" 1 AC i AC 00, C T "AG" R 1U T .49 AC TR 26 TR 2C1 Y McPherson, Ricky' .9B AC 5 AC '90 TR SEi 1.57 AC Cate, Mabel �0 �O TR 2C Cate, Mabel 420'j 2.18 AC TR 2K 2 1 1.29 AC i "SF1-A" "SF1-A" Long, Pamela TR 2L TR 2J 1 AC 1.031 AC "SF1-A" ADJACENT OWNERS & ZONING TR 2D 6.054 AC " Dinh, Nguyen .65 AC 1 2.740 @ TR 2 _ 2.95 AC 2M A-6 AC A "SF1-A" 7a n aR . CITY OF SOUTHLAKE, TEXAS ORDINANCE NO-- 48_0-69--� 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 2.47 ACRES OUT OF THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TRACTS 1S, 1T, 1T1, AND 1U, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO 1'SF-1A" SINGLE FAMILY-lA RESIDENTIAL 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 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, outhlake, 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 "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights 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 -Ordinance No.'480-69 Page 2 - 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: Ordinance No.' 480-69 Page 3 Being approximately 2.47 acres out of the Francis Throop Survey, Abstract No. 1511, Tracts 1S, 1T, 1T1, and 1U, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Zoning District to "SF-lA" Single Family-lA Residential Zoning District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 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 • •Ordinance No. 480-69 Page 4 fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect 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 Ordinance No. 480-5 Page 5 Im Im APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: b:480.69/ORD/kb M-1 City of Southlake, Texas TO: FROM: M E M O R A N D U M May 29, 1992 Curtis E. Hawk, City Manager Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-18 Final Plat, SouthRidge Lakes, Phase V REQUESTED ACTION: Final plat approval of SouthRidge Lakes, Phase V, Sections One and Two Section One has 10.76 acres out of the A.A. Freeman Survey, Abstract No. 522, the Littleberry G. Hall Survey, Abstract No. 686, and the T.M. Hood Survey, Abstract No. 706. Sixteen (16) lots are proposed for Section One. Section Two is 25.177 acres out of the T.M. Hood Survey, Abstract No. 706 and the Littleberry G. Hall Survey, Abstract No. 686. Forty-three (43) lots are proposed for Section Two. LOCATION: Section One is in the center of the development, North of Phase I. Section Two is East of Section One and North of Phase 2. OWNER/APPLICANT: Arvida/JMB Partners, L.P.-II CURRENT ZONING: "SF-20A" Single Family-20A Residential NO. NOTICES SENT: None Required P & Z ACTION: May 21, 1992; Approved (5-0) subject to the Plat Review Summary dated May 15, 1992 with the following changes to item #5: Block 1, Lot 91 and Block 2, Lots 28, 50, and 68 be granted 25-foot setbacks and Block 1, Lot 74 and Block 2, Lot 80 be granted 20-foot setbacks. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated May 29, 1992. This exhibit reflects the setback changes as negotiated at the P & Z Commission. 0,f- KPG 14 CITY OF SOUTHLAKE 03/15/91 FINAL PLAT/PLAT SHOWING/AMENDED PLAT APPLICATION TITLE OF PLAT: ;9;0007Hgoa �9 5 Pw...56 V - 5-crlol-1s /4�2 SUBMITTAL DEADLINE: i Z7 9�`' TOTAL LOTS: TOTAL ACRES: ZFiT1-I$ APPLICANT OWNER (if different) ADDRESS:OZI- PHONE :! S I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the appl le Planning and Zoning Commission and City Council meetings to represante cl sed request and address any unresolved issues.'? 7 Sign ed: Date: ' — Z For CiOnly:Iacknowledge receipt of the final plat application and the application fee in theamounntof $ I Sg0.�5on this the �F� day of G� k 19 I,�,Signed: V`. u (L!� Title: �61t,4.,A-abit6y �. w,r*w,►,r***,r,r,r*,►�ww*,rw,t ww,r,r,r,r,rw.*,r*«*u*s*,r**,r.***,►w,rw,ew,rw,r *w*,rw**+►*,r,r**w**,r**,rw*ftw,e,r,r,� The following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Permissible scale: 111= 501, 111= 100' (Prefer 1"=100') Sheet size shall be 24" X 36" v North arrow, graphic & written scale in close proximity i Vicinity Map Appropriate title, i.e. "Final Plat", "Plat Showing", "Amended Plat" Title includes Subdivision name, City, County, State and Survey and Abstract Title includes total gross acreage, number of lots and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) i Proper surveying certification statement (Appendix) f Courthouse filing record note provided Ya-z Final Plat Page 2 of 3 Shown Not ADJACENT PROPERTY (within 200') On Plan Applic. r Unplatted property: Name of record owner and corresponding deed record volume and page for all adjacent unpla-tted tracts within 200 feet, to include owners across any adjacent R.O.W. i Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page r Locate City Limit or E.T.J. Lines All survey lines shown and labeled Existing zoning labeled on this tract and adjacent property Existing easements adjacent to this property (Type & Size) - Previously approved concept plans or preliminary plats / Adjacent street intersections shown with street names GENERAL SITE INFORMATION .i Legal description of the land to include: Current owners deed reference, name of survey, abstract, county, state, POB tied to survey corner, previously filed subdivision corner or USGS monument, total acreage <�- Property corners labeled as to pins/rods, found or set with sizes Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description ✓ Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private street/drives, railroads, etc. s All property corners dimensioned to centerline of adjacent streets All existing easements shown (Type & Size) f' Existing structures shown (Note whether to remain or not) (Plat Revisions) PROPOSED INFORMATION .� Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line -� 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 Street alignment in accordance with ordinance requirements Curvilinear street requirements met (No. 483-5.03A) Street R.O.W. demensioned and centerline dimensioned with bearings All curve data labeled (delta, radius, length, tangent) Sufficient street stubs into adjacent property (No. 483-5.03-K-1) r/ Street names provided not similar to any existing street names R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned Lots and blocks labeled with numbers in consecutive order cl Square feet of each lot shown (Chart format O.K.) Drainage and utility easements labeled and dimensioned �G Front building setback lines labeled or noted 50' setback line shown on S.H. 114, F.M. 1709, F.M. 1938 Final Plat Page 3 of 3 Chown Not n Plan Applic. ✓ Lots to be dedicated for public use, labeled as such i.e. school, parks, flood plains, open spaces, etc., showing acreage and general perimeter dimensions (No. 483-Article VII) Parcels reserved for private use shown as described above Calculated dimensions for all lots, street R.O.W. and centerline easements, etc. Flood plain limit shown. Floodway shown and labeled with dimensional ties Avigation easement shown if applicable (Appendix) _T Minimum finish floor elevations (No. 483-3.03-D-30) Note also provided (Appendix) Deed Restriction Statement (No. 483-3.05-C) (Amended Plat Only) c-� Flowage easement note (Appendix 5) Sight triangle note (No. 483-8.02) Driveway access limitation note (No. 483-5.01-H) L� Any easements to be abandoned (No. 483-3.07-C) Minimum lot width of 125' on certain lots (No. 483-A-8.01-E and F) —� 30,000 sq. ft. min. lot area on certain lots (No. 483-A-8.01-G) Not Included Included OTHER REQUIRED SUBMITTALS Complete and corrected water and sewer layout —� Complete and corrected Prelimenary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.03-D-35) and No. 482 Perc tests for each lot not served by City sewer Certificate of taxes paid from City Tax Collector Certificate of taxes paid from County Tax Collector Certificate of taxes paid from School Tax Collector Any proposed or existing deed covenants/restrictions Any proposed Homeowners Agreements and/or documents ✓ Developers Agreement (Prior to Construction) First submittals for review by the Planning and Zoning Commission shall include: Blueprints - folded 6" x 9" Reduction of plan at 8.5" x 11" Copies of all written documents Second submittals for review by the Planning and Zoning Commission shall include: Blueprints - folded 6" x 9" Reduction of plan at 8.5" x 11" Copies of all written documents older: ORD File: APP.FIN I q_ DOVE ROAD UHIGHLAND LOCATION MAP SECTIONS ONE kND I O Uri City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-18 REVIEW NO: ONE DATE OF REVIEW: 5/15/92 PROJECT NAME: Final Plat-SouthRidge Lakes, Phase 5, Sections 1&2 OWNER/APPLICANT: ENG/SURVEYOR: Arvida/JMB Partners,L.P. II J. E. Levitt Engineers, Inc. 15303 Dallas Parkway 726 Commerce Street Suite 350 Suite 104 Dallas, Texas 75248 Southlake, Texas 76092 Phone: (214) 980-5075 Phone: (817) 488-3313 Fax: Fax: i CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/27/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. Provide all legal descriptions and dedications on both plats. 2. The legal description/boundary for Section One has the following discrepancies: - 6th call should be N-E on boundary. - The call with 30.39' dimension is omitted in the legal. Chord bearing on last curve should be N-W. - Section two has several reversed bearings on lines and both curves. 3. The rear lot line on Lot 43 Block 4 shows to be one unbroken line. Lot 1 and Lot 58 show different bearings on the rear lot lines. 4. Show and label all off -site adjacent easements on both plats. 5. Corner lots are required to have the 35' building line shown on the both streets. This affects Lots 28, 50, 68 and 80 of Block 2 and Lots 74 and 91 of Block 1. 6. Provide the minimum finish floor elevation note on the plat. 7. Label the easement along the south line of Lot 80, Block 2. 8. Tie down the D.+U.E. in the northeast corner of Lot 80, Block 2. 9. Label the existing R.O.W on the Parkway. Show a dimension from centerline to the R.O.W along the west line of Lot 68, Block 2. 10. Show all Block designations in Section two. 11. Show and dimension the existing R.O.W. adjacent to Southlake Estates. The R.O.W. dedication should be 60' from the east R.O.W. at Southlake Estates or 30' from centerline of R.O.W., whichever is greater. Y13-d City of Southlake, Texas 12. Lots 35, 41, 49, 38, 39 Block 2 do not have the required 100' lot width at the setback line. 13. The following Lots are missing dimensions: Block 1, Lots 76, 87, 74 and Block 2, Lot 77. 14. Easements need further tie downs in Block 2, Lots 40, 38 and 80 and Block 4, Lot 58. 15. Label the 10' U.E. along the west line of Lot 74, Block 1 and correct the building line label. 16. Label the 10' U.E. along the east line of Lot 50, Block 2. i 17. Label the detention areas in Block 2 as a drainage and utility easement. 18. Label the easement on the east line of Lot 71, Block 2. 19. The U.E. between lots 77 and 78, Block 2 should include drainage and be a minimum of 20' in width. 20. Change the 10' D.+U.E. between Lots 80 and 79, Block 2 to 15' in width. * Section two, although currently section 8.01-F would require 125' lot widths on Lots 75-89, Block 1, the previously approved Preliminary Plat did not require this width. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required on additional lots pending review of construction plans. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be received at the City by May 25 , 1992. All revised submittals must be folded 6" x 9" and include an 8.5" x 11" revised reduction. * Denotes Informational Comment cc: Arvida/JMB Partners, L.P.-II Levitt Engineers, Inc. m 9 O 11111111111 11111113311 t1131il1111 {,7�!!it ��1 IN 1i11Oilliila,11 9 :oeee� ems• • . s City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-18 REVIEW NO: TWO DATE OF REVIEW: 5/29/92 PROJECT NAME: Final Plat-SouthRidge Lakes, Phase 5, Sections 1&2 OWNER/APPLICANT: Arvida/JMB Partners,L.P. II 15303 Dallas Parkway Suite 350 Dallas, Texas 75248 Phone: (214) 980-5075 Fax: ENG/SURVEYOR: J . E . Levitt Encxine.ers . Inc. 726 Commerce Street Suite 104 Southlake, Texas 76092 Phone: (817) 488-3313 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/21/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1. Section One: The calls having lengths of 247' and 30.39' are inversed. 2. The rear lot line on Lot 43 Block 4 shows to be one unbroken line. Lot 1 and Lot 8 show different bearings/on the rear lot lines. 3. Show and label all off -site adjacent ease s on both plats. 4. Co ner to s a e required to have th uil in line shown n the bo h tre t T is aff Lo 50 68 a 80 of ock 2 a d ots 7 an 9 o B1 k 1. 5. Provi a the minimum finish floor ele, tion note on the plat. 6. Show a dimension from centerline to the R.O.W along the west line of Lot 68, Block 2. 7. Show and dimension the existing R.O.W. adjacent to Southlake Estates. The R.O.W. dedication should be 60' from the east R.O.W. at Southlake Estates or 30' from centerline of R.O.W., whichever is greater. Lot 35 3 1 4 Block 2 do not have the required 100' lot t t s line. 9. The easement needs further tie downs in Block 2, Lot 38. 10. The U.E. between lots 77 and 78, Block 2 should include drainage and be a minimum of 20' in width. 11. Label the easement at the rear of Lots 38 and 40, Block 2. City of Southlake, Texas * Section two, although currently section 8.01-F would require 125' lot widths on Lots 75-89, Block 1, the previously approved Preliminary Plat did not require this width. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required on additional lots pending review of construction plans. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * Denotes Informational Comment (400, cc: Arvida/JMB Partners, L.P.-II Levitt Engineers, Inc. �% v i�'1I s Fg lu O 9 ■ x I fx N i ppF i s! :M9991 Its -rrr N__ �.ae�s)a.)litttt�S!!! l ; ................ �.rssrs•.ittttiYtli • +� It 1 `s S O x City of Southlake, Texas M E M O R A N D U M Iq May 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-G: Revisions to Section 34, "Accessory Uses" Attached please find Ordinance No. 480-G which proposes adding the "MH" district to the permitted districts for "private residential garages, carports, and unrelated storage buildings and greenhouses accessory to permitted residential uses" noted in Section 34.1 (e). This action was initiated by a letter to the Mayor from Brian Hugghins who would like to construct a carport on the front of his manufactured home at 1218 Woodsey which is zoned "MH." As requested by the City Council on April 21, 1992, information was requested from surrounding cities regarding carports. Of those reporting, all treat them as accessory structures with no additional restrictions with the exception of the City of Plano where restrictions were added that would prohibit owners from installing a door on the front of the carport and leaving the other three sides open. On May 21, 1992, the Planning and Zoning Commission recommended adding the "MH" district to the referenced section. They felt that it was appropriate to treat carports as any other accessory structure and to allow them in the front of the primary structure as long as they did not encroach into the required front yard setback. F ox KPG ac- 1' NO. 480-G AN ORDI CE AMENDING ORDINANCE N 480, AS AMENDED, THE COMPREHEN VE ZONING RDINANC THE CITY OF SOUTHLARE, TEXAS, BY TE RESIDENTIAL GARAGES, CARPO , AND TE RAGE BUILDINGS AND GREENHOUSES AS CCESSORY USES HE "MHO' DISTRICT; PROVIDING THAT THIS ORDINANCE S B ULATIVE OF ALL ORDINANCES; PROVIDING A SE I ITY CLAD $OVIDING-Fi A PENALTY FOR VIOLATIO HE OF; ,PROVIDING A SAVINGS CLAUSE; PROVIDING F PUBLICA ION IN PAMPHLET FORM; PROVIDING FOR PUBLICATI IN THE O FICIAL NEWSPAPER; AND PROVIDING AN EFFECTI 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 of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems necessary to amend Ordinance No. 480, as amended, to specifically authorize the location of private residential garages, carports, and related storage buildings and greenhouses accessory to permitted residential uses in the "MH" zoning district; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: ge iz SECTION 1 That Section 34.1(e) of Ordinance No. 480, as amended, is hereby amended by revising such accessory use to read as follows: ACCESSORY USE DISTRICTS WHERE PERMITTED e. Private residential garages, carports and AG, RE, SF-lA, related storage buildings and greenhouses SF-1B, SF-30, accessory to permitted residential uses. SF-20A, SF-20B, MF-1, MF-2, MH 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. 5/c- 3 r 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. 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 Fe- q f together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992. MAYOR ATTEST: CITY SECRETARY I APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED: EFFECTIVE: slaked\480-G r� City of Southlake, Texas M E M O R A N D U M May 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Paying Agent Registrar-$1.3 Million C.O. Issue The City Council on May 19 awarded bid to TeamBank for the sale of $1.3 million Certificates of Obligation. A Paying Agent -Registrar must be named by the Council. A Paying Agent is a financial institution that, over the life of the bonds, collects the City's bi-annual debt service payments, maintains an accurate listing of bond holders, disburses interest payments to bond holders, and retires bonds as they mature. Ameritrust-Dallas will be serving in this capacity for the issue. The City Council must adopt a resolution naming Ameritrust as the Paying Agent -Registrar on the $1.3 million Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation. N RESOLUTION NO. 92-25 A RESOLUTION approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" and resolving other matters incident and related thereto. WHEREAS, the City Council of the City of Southlake, Texas has heretofore authorized the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 199211, in the principal amount of $1,300,000 (the "Securities"); and WHEREAS, such securities are to be issued in fully registered form only and Ameritrust Texas National Association has been selected to serve as Paying Agent/Registrar; and WHEREAS, a written agreement, setting forth the duties and responsibilities of the Paying Agent/Registrar for such Securities, has been prepared and submitted to the Council for approval and authorization to execute; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS that the "Paying Agent/Registrar Agreement" by and between the City and Ameritrust Texas National Association relating to the above described Securities, attached hereto as Exhibit A, is hereby approved as to form and content, and the Mayor and City Secretary of the City are hereby authorized and directed to execute such Agreement in substantially the same form and content herein approved for and on behalf of the City and as the act and deed of this Council. PASSED AND APPROVED, this June 2, 1992. ATTEST: City Secretary (City Seal) 0015964 CITY OF SOUTHLAKE, TEXA qQ, —/ AM PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as o "Agreement"), by and between the City of "Issuer"), and Ameritrust Texas National association duly organized and existing United States of America, (the "Bank"). RECITALS f May 19, 1992 (this Southlake, Texas (the Association, a banking under the laws of the WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" (the "Securities") in the aggregate principal amount of $1,300,000, such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about June 16, 1992; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined). 0015965 cl'a The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution". The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank in Dallas, Texas as indicated on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office.. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to QW 0015965 -2- which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager or Finance Director, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice -Chairman of the Board of Directors, the Chairman or Vice -Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. 0015965 -3- tw-y "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fidicuary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. 0015965 y�. -5- ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re -registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations Qe 0015965 -5- for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to'any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed. Lost or Stolen Securi- ties. The Issuer hereby instructs provisions of Section 21 of the Bond issue Securities in exchange for 0015965 -6- the Bank, subject to the Resolution, to deliver and or in lieu of mutilated, / w-7 destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial 0015965 -7- !(c-Y liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f ) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. 0015965 -8- 1 & - Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collaterialized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate Q., 0015965 -9- service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. (Sw 0015965 -10- Section 6.06. Severabilit VAbW In case any provision herein 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. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. (44W 0015965 -11- ta, _/ -2- r The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AMERITRUST TEXAS NATIONAL ASSOCIATION BY Title: (SEAL] Attest: Mailing Address: Title: Debt Administration Division P. O. Box 2320 Dallas, Texas 75221-2320 Delivery,Address: (CITY SEAL) Attest: City Secretary Debt Administration Division 1201 Elm Street, 30th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor Address: 667 N. Carroll Avenue Southlake, Texas 76092 (4w" 0015965 -12- � a i City of Southlake, Texas CIT M NAGER TO: FROM: SUBJECT: M E M O R A N D U M May 28, 1992 Curtis Hawk, City Manager Chris Terry, Asst. to the City Manager SOUTHIAIKE SMOKING ORDINANCE Attached is a draft copy of the proposed Smoking Ordinance. The draft follows many of the suggestions publicized by the North Central Texas Council of Governments and existing smoking ordinances in place at area cities which staff has acquired. The draft incorporates language that consistently appears throughout the source material. Most of the sample ordinances obtained have a standardized language concerning smoking regulations and enforcement. When appropriate, this wording was utilized in the attached draft ordinance as well. CT IN .:;gr:�. c DRAFT ORDINANCE NO. AN ORDINANCE TO PROMOTE PUBLIC HEALTH BY ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING MINIMUM STANDARDS FOR NON-SMOKING AREAS; PROVIDING PROPER IDENTIFICATION OF NON-SMOKING AREAS; PROVIDING A PENALTY THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a substantial body of evidence which concludes that the smoking of tobacco may be a danger to health and a health hazard to those who are present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: ARTICLE I. GENERAL SECTION 1 Definitions The following words and terms when used in this Article and Section, unless otherwise defined within, shall be understood to mean: "Smoking" - means the possession of burning tobacco, weed, or other plant product. "Food products establishment" - means an operation that sells food for human consumption. "Public place" - means any enclosed area that is used by the general public, or that is a place of employment, and includes, but is not limited to: stores, offices, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities. "Notice" - means the posting of signs in sufficient numbers and at conspicuous locations, so as to be readily observed and (OMW indicate that a designated area identified by such signs prohibit smoking in accordance with this Ordinance. DRAFT "Workplace" - means any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. ARTICLE II. SMOKING REGULATIONS SECTION 1. Posting of Notices and Placing of Receptacles for Extinguishment of Smoking Materials. The owner, operator, manager, employer, or other person having control of any area where smoking is to be prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty ( 20' ) feet of the entrance to such area where smoking is to be prohibited as provided by this Article. Nothing in this Article or Section shall require the owner, operator, manager, employer, or other persons in control of any building, facility, room, establishment or structure to incur any expense to'. make structural or other physical modifications to comply with the terms and conditions of this Article and Section. The posting of signs or the equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be infeasible structural changes. ARTICLE III. SMOKING PROHIBITIONS SECTION 1. Smoking Prohibited in Designated Areas. An owner, operator, manager, employer, or other person having control of any building or area within a building may designate all or any part of such building area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this Article and the posting of notice as herein required. A person commits an offense by smoking in an area where notice is posted as above provided. A person also commits an offense by smoking in an indoor service line in which more than one (1) person is giving or receiving goods llQ -3 DRAFT or services, such as, but not limited to food market check out lines, service lines of financial institutions, or food service lines provided that the individual having control of the goods and services being given or received provides: a) signs of sufficient numbers and at conspicuous locations prohibiting smoking as to be readily observable by a reasonably observant person. b) receptacles for the extinguishment of smoking materials within the immediate area of such service line. A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following indoor or enclosed areas: (a) an elevator used by the public; (b) any public meeting room, conference room, restroom or public service area of any facility owned, operated or managed by the City; (c) any retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store or department store. (d) an area marked with a "no smoking" sign in accordance with this Ordinance by the owner or person in control of a hospital, nursing home, or convalescent center. (e) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other performance or event; (f) all public places which have been properly designated by the owner or controlling management as "non-smoking" areas in accordance with this Ordinance. SECTION 2. Food Products Establishments A food products establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. A nonsmoking area must: (1) be separated, where feasible, from smoking areas by a minimum of four (41) feet of contiguous floor space; (2) be ventilated, where feasible, and situated so that air QW from the smoking area is not drawn into or across the nonsmoking area; DRAFT (3) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (4) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. Each food products establishment which has a dining area shall: (1) have and implement a written policy which conforms to this chapter and is kept on file on the premises; (2) make the policy available for inspection by employees, the controlling authority of the food products establishment, and municipal enforcement personnel; (3) have signs at the establishment's entrance indicating that nonsmoking seating is available. Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas shall be designated as nonsmoking areas. It is a defense to prosecution under this section that the food products establishment is: (1) an establishment which has indoor seating arrangements for less than (50) patrons; (2) an establishment which has more than (70) percent of its annual gross sales in alcoholic beverages; or, (3) a physically separated bar area of a food products establishment otherwise regulated by this Ordinance. SECTION 3. Smoking in the Workplace. An employer who owns, occupies or controls a workplace shall: (1) have and implement a written policy on smoking that: a. conforms to this Article and Section. b. reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; C. designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and, d. establishes a procedure for addressing employee complaints; QW (2) provide conspicuous signage indicating nonsmoking areas; IN (3) not discharge, retaliate, or discriminate against any employee who: a. files any complaint or causes any proceeding to be instituted under or related to this chapter; b. testifies or will testify in any proceeding instituted under this chapter; or, exercises on his own behalf or the behalf of others any right afforded by this chapter. Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. ARTICLE IV. ENFORCEMENT SECTION 1. Penalty for Violation. Any person who violates this ordinance by smoking in an area designated "no smoking" as herein authorized with notice posted as herein provided shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 2. Severability Clause That it is hereby declared to be the intention of the City Council of the City of Southlake that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement 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 severed item. l/a. - &-" r • IN SECTION 3. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS DAY OF , 19 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 19 �W MAYOR !� ATTEST CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney DATE: ADOPTED: EFFECTIVE: SECTION 15 - TREATMENT OF OTHER CITIES It is understood that the Telephone Company is currently in the process of negotiating similar ordinances with other cities throughout the state. The Telephone Company agrees that if an ordinance governing street use with another city in this state contains a provision which the City determines would be more advantageous to it than the terms of this ordinance, including but not limited to indemnity and venue provisions, the City may require that this ordinance be reopened for negotiation of the more advantageous provision. The Telephone Company agrees that it will provide to the City treatment comparable to that afforded other cities by the Telephone Company, giving due consideration to the context of the provision on which the renegotiation is sought and the effect of the proposed amendment on the meaning of the ordinance as a whole. It is understood that the Telephone Company will not agree to an amendment that results in a higher level of compensation to the City than that level produced by the methodologies used by the Telephone Company to calculate compensation in other Texas cities. An amendment under this section will not be applied retroactively. slake\sub.16 IN .r City of Southlake, Texas M E M O R A N D U M May 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance CITY MANAGER S .2`1-92 SUBJECT: TRA-Big Bear Creek Interceptor Extension TRA has approached City staff regarding the long-term financing of the Big Bear Creek Interceptor Extension. The original contract was made in 1990 for TRA to issue $12,750,000 in bonds to build the interceptor. Southlake participated in this project 33.64%, along with the cities of Keller, 40.35%, and Ft. Worth, 26.01%. According to the TRA, there are $1,760,000 in excess construction funds from this project. This is the difference between the $12,750,000 and the $10,990,000 shown on their attached schedule. TRA has proposed two options: (1) let TRA hold the excess funds to pay 1993 and a portion of the 1994 debt service, or (2) refund a portion of the outstanding bonds, thereby reducing all future debt service requirements. This second option would reduce the total debt service over the life of the issue (20 years) by $5,562,127. Provision has been made in our Water and Sewer rate study for the original amount of debt service. For 1993, Southlake's portion is estimated at $405,530. If the bonds are refunded, the amount would be reduced by $33,657 in 1993 to $371,873. If TRA holds the excess funds to retire debt, the $405,530 in 1993 would be paid by TRA, and not be required to be funded through our Water and Sewer Fund. Council must decide whether to take the excess funds "up front", over the short term, or use them to reduce the debt service over the life of the bonds. The savings realized by reducing the debt service requirements over the life of the bonds is substantial, and should be taken into consideration. !/a -/ 0 Bic Bear Creek Interceotor Extension Annual Fort Worth Keller Deb_ Service 26.01% 10.35A FY 93 - $12,750,000* S1,205,500 313,551 486,419 S10,990,000** S1.105.450 287.528 446.049 Difference $ 1001050 26,023 40,370 FY 94 - $12,750,000 $1,207,688 314,120 487,302 $10,990,000 S1.108.550 288.334 447.300 Difference S 99,138 25,786 40,002 FY 95 - $12,750,COC $1,208,050 314,214 487,448 510,990,000 $1.109.825 288.666 447.814 Difference S 98,225 25,548 39,634 $12,750,000 $10,990,000 Difference Total Debt Service $25,696,930 20.134.803 $ 5,562,127 * Series 1990 Bond issue *x Bonds remaining after early retirement of $1,500,000 in Bonds from surplus construction funds. ii e a