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2000-01-18 CC Packet City of Southlake, Texas MEMORANDUM r January 14, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting January 18, 2000 1. Agenda Item No. 5A. Approval of minutes of the Regular City Council meeting held January 4, 2000. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Resolution No. 00-10, Easement Abandonment at 591 and 611 South White Chapel Boulevard. On November 2, 1965, and April 5, 1966, two easements were granted to the City of Southlake for the sole purpose of constructing and operating a 3" water line across the property located at 591 and 611 S. White Chapel Blvd. The easements were written to provide a 10-foot wide easement along the centerline of the 3" water line as it was installed; therefore, the easement followed whatever alignment the 3" water line was and was just for the installation and operation of the 3" water line. Subsequently, the 3" water line has been abandoned and the Water Utility Division has no further use for the 3" water line or its easement. It is staff s opinion that the City could put nothing in that easement except that 3" water line. The property owners plan to construct a single-family residence on this property. If you have any further questions, please contact Charlie Thomas. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 2 of 21 3. Agenda Item No. 5C. Resolution No. 00-05, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000. The resolution is the first step in issuing certificates of obligation. The resolution establishes a maximum dollar amount for the certificates at $3,895,000. Once the Resolution is approved, the City may issue less than that amount, but may not exceed it. The proceeds from the bonds will be used for street and drainage improvements. During the CIP budget meeting, Council will determine the specific projects. If you have any questions regarding this item, please contact Sharen Elam. 4. Agenda Item No. 5D. Resolution No. 00-06, approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-A. The resolution is the first step in issuing certificates of obligation. The resolution establishes a maximum dollar amount for the certificates at $9,245,000. Once the resolution is approved, the City may issue less than that amount, but may not exceed it. The proceeds from the bonds will be used for improvements and extensions to water and sewer facilities. During the CIP budget meeting, Council will determine the specific projects. If you have any questions regarding this item, please contact Sharen Elam. 5. Agenda Item No. 5E. Resolution No. 00-07, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-B. The resolution is the first step in issuing certificates of obligation. The resolution establishes a maximum dollar amount for the certificates at $12 million. Once the resolution is approved, the City may issue less than that amount, but may not exceed it. The proceeds from the bonds will be used for constructing and equipping the Town Hall building. If you have any questions regarding this item, please contact Sharen Elam. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 3 of 21 Please Note: We are in the process of planning a workshop for council members to discuss the City's debt service requirements prior to the 1' reading of the ordinances related to the above certificates of obligations. This will provide us with an opportunity to review the debt structure of the city, as well as the corresponding capital improvement plans. 6. Agenda Item No. 5F. Resolution No. 00-09, Authorizing the City Manager to enter into a lease purchase agreement for the purpose of procuring ruggedized laptop computers. This item essentially awards the bid for the laptop computers to Brice Systems (low bidder) and approves the resolution necessary to enter into a lease purchase agreement with Government Capital Corporation. This lease purchase agreement will allow us to spread the cost of these laptops over a three-year period. (aw As pointed out in the memo from John Knight, these laptops will take the place of the mobile data terminals currently in use by DPS. The MDTs are not Y2K compliant and had to be replaced. The ruggedized laptops provide an excellent alternative, providing greater flexibility for field reporting. As noted during your last meeting, attorneys on both sides of this issue were still finalizing the details and the contract staff provided did not reflect the changes. The contract included in your packet incorporates all of the changes requested by our attorneys. Questions about this item should be directed to John Knight. 7. Agenda Item No. 5G. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station site on Shady Lane. The lift station along Shady Lane has been under construction and is near completion. The 10-foot utility easement is necessary for the installation of an underground electrical line to serve the lift station site. The easement will extend from the right-of-way of Shady Lane to the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 4 of 21 transformer located within the lift station site. TxU Electric provides electrical service to this site and will maintain the electrical line within the proposed easement. Staff recommends Council authorize the Mayor to grant a 10-foot utility easement to serve the lift station site. If you have any questions, please call Senior Civil Engineer Shawn Poe. 8. Agenda Item No. 5H. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station site on Lonesome Dove. The lift station on Lonesome Dove is being constructed under the same contract as the construction of the lift station along Shady Lane. Consequently, it too is near completion. The 10-foot utility easement is necessary for the installation of an underground electrical line to serve the lift station site. The easement will extend from the right-of-way of Lonesome Dove to the transformer located within the lift station site. Tri-County Electric Cooperative provides electrical service to this site and will maintain the electrical line within the proposed easement. Staff recommends Council authorize the Mayor to grant a 10-foot utility easement to serve the lift station site. If you have any questions, please call Shawn Poe. 9. Agenda Item No. 5I. This Item Left Intentionally Blank. 10.Agenda Item No. 5J. Authorize award of bid to Acugraphics Embroidery & More, Inc. for annual purchase of uniforms. Previously, uniforms and miscellaneous apparel were being purchased through multiple vendors by the various departments. This contract allows the city and its departments to purchase uniforms through a single vendor with the option, if by default of the primary vendor, to purchase uniforms and miscellaneous apparel through a secondary vendor. The city and its departments will greatly benefit from this bid in acquiring the best price currently Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 5 of 21 possible. Please contact Sharen Elam or Rusty Steele if you have any questions regarding this item. 11.Agenda Item No. 5K. Resolution No. 00-12, Authorizing the City Attorney to bring condemnation action for the purpose of obtaining right-of-way and drainage easement for use by the City. We have been negotiating with Ms. Neill and Ms. Gunn for several weeks to obtain the property required for the Shady Oaks relocation at Dove Road. As of Friday noon, these negotiations have not resulted in a successful conclusion. The City Attorneys have recommended that we begin the process of condemnation by having Council approve the condemnation resolution. For any questions please contact either Ron Harper or Shana Yelverton. As of 6:30 p.m. tonight, we have an executed contract. Closing is scheduled to be on or before January 27, 2000. TxDOT has received a right-of-entry document so that they will be able to proceed. 12.Agenda Item No. 7A. Ordinance No. 480-JJ, 2' Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding the regulations on impervious coverage in the non-residential zoning districts, and correcting landscaping regulations in Ordinance No. 480 to remove any conflict with the provisions of Landscape Ordinance No. 544-A. This ordinance amendment will revise the impervious coverage regulations by removing the language that allows additional impervious coverage on a lot in exchange for increased bufferyard widths or increased landscape area. This amendment also will remove any conflicts with the current Landscape Ordinance No. 544-A. The Planning and Zoning Commission recommended approval (7-0) on November 18, 1999. The City Council approved (6-0) on consent the first reading of the ordinance on January 4, 2000. Please refer to the memo and proposed ordinance Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 6 of 21 amendment included in your packet. Contact Art Wright regarding this ordinance amendment. 13.Agenda Item No. 7B. Ordinance No. 585-B, 2' Reading, Amending Ordinance No. 585-A, Tree Preservation Ordinance. The tree preservation ordinance was originally adopted on June 15, 1993 and amended December 16, 1997. Councilmember Debra Edmondson met with Malcolm Jackson and Keith Martin on several occasions regarding recommended changes to enhance the ordinance provisions, and the proposed changes were presented as discussion items to both the P&Z and City Council. A copy of the proposed ordinance was made available during a meeting with local developers, with one developer responding with suggestions. Based upon the information received, Ordinance 585-B was drafted and presented to P&Z at its December 9, 1999, meeting. The P&Z Commission recommended approval (7-0). City Council approved the ordinance at first reading on January 4, 2000. Questions about this item should be directed to Malcolm Jackson. 14.Agenda Item No. 7C. ZA 99-092, Site Plan for Southlake Marketplace, Phase III. This property is located on the south side of West Southlake Boulevard (FM 1709) approximately 500' east of Davis Boulevard (FM 1938). The Current Zoning is "C-3" General Commercial District and the Land Use Category is Retail Commercial. Included in your packet are revised elevations, revised staff review comments (#5 dated 1/14/00) and a letter from John Drews that reflect his efforts to address concerns raised by Council and Southlake Woods residents at the December 7, 1999, meeting. Also included are bluelines of the same site plan you reviewed at that meeting; no changes have been made to the site plan, just the elevations. As Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 7 of 21 previously noted by Mr. Drews, the changes to the front fagade of Hobby Lobby and Retail Building "B" will necessitate a variance to the vertical articulation on this fagade only. As indicated in Mr. Drews' letter, he plans to meet with the adjacent property owners in Southlake Woods on Friday, January 14. The Planning and Zoning Commission recommended approval (7-0) on November 4, 1999, subject to the review, allowing masonry construction as proposed (stucco finished tilt wall on portions of the buildings), allowing a 10% reduction in required parking and allowing relocation of bufferyards required along the interior lot lines. On December 7, 1999, the City Council tabled this item (4-1) and continued the Public Hearing to the January 4, 2000, City Council meeting. On January 4, 2000, kw the City Council approved (6 0) the applicant's request to table and to continue the Public Hearing to the January 18, 2000, City Council meeting. Contact Dennis Killough regarding this request. 15.Agenda Item No. 7E. ZA 99-090. Development Plan for proposed Lots 1 - 4, Block 1, Sabre Corporate Campus. This property is located on the southeast corner of the intersection of SH 114 and Kirkwood Drive. The Current Zoning is "NR- PUD" Non-Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses as set forth in Exhibit "B," Planned Unit Development Standards, approved with the zoning. The Land Use Categories are Mixed Use, Medium Density Residential, and 100-Year Flood Plain. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 8 of 21 This development plan reflects a 154-acre campus with ten (10) office buildings (totaling approximately 2,324,920 s.f.) and five (5) parking structures containing 8,064 parking spaces. Sabre plans to link the existing building with the proposed new development (and thus create a secure campus) by the closure of T.W. King East and Kirkwood Boulevard and the placement of controlled-access devices at the four entrances to the development. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to the review. At that meeting, approximately 17 Trophy Club officials and residents spoke against the T.W. King East / Kirkwood Boulevard closure. Chairperson Creighton explained that the road closure was not on the Commission's agenda nor would it be in the future because right-of-way abandonment requires action by the Council only. Recall that the rights-of-way in question were both dedicated with the MTP-IBM No. 1 Addition final plat (plat of the existing Sabre site previously owned by IBM). Currently, representatives of Southlake, Trophy Club, Sabre, and Maguire Partners are meeting to review alternatives to facilitate access to SH 114 eastbound, including approaching TxDOT about allowing a two-way frontage along SH 114. The next meeting of the group has tentatively been set for the first week of February. Contact Dennis Killough regarding this development plan request. Contact Greg Last regarding the road closure issue. 16.Agenda Item No. 7F. Site Plan for portions of proposed Lots 1, 2, & 3, Block 1, Sabre Corporate Campus. This property is located on Kirkwood Drive approximately 800' east of SH 114. The Current Zoning is "NR-PUD" Non- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 9 of 21 Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses set forth in Exhibit "B," Planned Unit Development Standards approved with the zoning. The Land Use Categories are Mixed Use, Medium Density Residential, 100 Year Flood Plain. The site plan for Phase I proposes two office structures and one parking garage. Building A proposes 5 stories and a total footprint of 257,617 s.f.; Building B proposes 4 stories and a total footprint of 202,303 s.f. The 5-level parking garage contains a total of 1,782 spaces with eight (8) additional surface parking spaces. Road, bridge, and building pad construction have begun in accordance with the approved developer agreement and earth disturbance permit. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to the review and specifically approving the plans as submitted and kw accepting the applicant's commitment to comply with Lighting Ordinance 693-B. Contact Dennis Killough regarding this site plan request. 17.Agenda Item 7G. Resolution No. 00-11, ZA 99-126, Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, Section 45.1(1) for Thai Chili. The property is located at 215 Grand Avenue, generally being on the northeast corner of Main Street and Grand Avenue. The Current Zoning is "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses. The Land Use Category is Mixed Use. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 10 of 21 The Planning and Zoning Commission recommended approval (7-0), placing a 10- year limit on the S.U.P. because it is in Town Square. Contact Art Wright regarding this request. 18.Agenda Item No. 8A. Ordinance No. 480-II, l' Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on carports, covered parking, and parking garages on non-residential property. This ordinance amendment proposes regulations for non-residential carports and garages. The Zoning Ordinance does not currently have any specific regulations for this type of use or structure within the non-residential districts. The Planning and Zoning Commission recommended approval (7-0) on November 18, 1999. Council voted to table (6-0) on consent the first reading of this ordinance until January 18. Recommended changes during the Commission's approval and as (6w discussed during the Joint P&Z/City Council work session have been incorporated into the ordinance and are shown in bold and italics. Please refer to the memo and proposed ordinance amendment included in your packet. Contact Art Wright regarding this request. 19.Agenda Item No. 8B. Ordinance No. 480-11H, ls` Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on outside storage, outside display, and screening. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0), striking the following language from Page 7, Section 39.3, for non-residential uses going into a residential district: "rJR"� rnn»;rnm ants o1211 nn* he FA2;;d nto;y for_++„bUr. who �ve:�vi-iee a playg;g pA) is adjasejat t^�a vesidensial Jet nr &1,0 1;,,R " The Commission also added a provision for propane tanks to be screened, and instructed Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 11 of 21 staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving them time to comply. The current draft in your packet reflects the first two changes recommended by the Commission. The "retrofitting" provision is still under review by the City Attorney but will be resolved prior to Tuesday's meeting. Note that we plan to discuss this issue in Executive Session. Contact Karen Gandy or Art Wright regarding this request. FYI - WalMart store manager Aaron Carter informed Karen Gandy on Wednesday that he anticipates the first delivery of spring/summer bag goods and plant materials in early-February and has scheduled the placement of the parking lot fence enclosure very soon. He understands that he is again limited to the 2,771 s.f. permitted by the 5% rule in the ordinance. 20.Agenda Item No. 8C. Ordinance No. 480-321, 1" Reading, ZA 99-108, Rezoning and Revised Concept Plan for St. Martin-in-the-Fields Episcopal Church. The property is located on the east side of South Pearson Lane approximately 760' south of West Southlake Boulevard (FM 1709). The Current Zoning is "CS" Community Service District. The requested Zoning is "S-P-2" Generalized Site Plan District with "CS" Community Service District uses. The Land Use Category is Public/Semi-Public. This rezoning and site plan were submitted in an effort to master plan the 11.8-acre site to meet current growth and future needs. The S-P-2 zoning was requested in order to create development standards that would allow more flexibility than a straight "CS" district, including relief from residential adjacency standards and the construction of a 65-foot-high sanctuary in Phase I and a 100-foot-high, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 12 of 21 freestanding bell tower. The church also proposes adding to its existing Memorial Garden columbarium for the interment of cremated remains. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to the review deleting Items #2.a.1 (minimum 500' distance separation between any residence and a cemetery use and the requirement that the cemetery be enclosed in a fence); #2.d.1 (screening on east and southeast); and #3 (bufferyard requirements); and although not opposed to the variances requested in Items #2.b.1 (height increases to accommodate the proposed 100-foot, freestanding, ornamental bell tower and the 65-foot sanctuary), #2.c.1 (changing the residential adjacency distance standard from 400' to 100', and #2.a (limiting masonry fagade to only those sides fronting a public R.O.W.), the Commission would like to reserve the right to review these issues at the site plan stage and, if granted at that time, these variances could then be incorporated into the actual S-P-2 zoning regulations. Contact Dennis Killough regarding this request. 21.Agenda Item No. 8D. Ordinance No. 480-322, 151 Reading, ZA 99-114, Rezoning for Carroll Meadows. The 12.469-acre property is located on the west side of North Carroll Avenue approximately 1,175' south of East Dove Road. The Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-IA" Single Family Residential District. The Land Use Category is Low Density Residential. This subdivision proposes ten (10) one-acre plus residential lots. There was only one person who spoke against the proposed rezoning: Mr. Val Staley, owner of 1030 E. Primrose Lane to the south, opposes the rezoning because the "development would change the rural character of the neighborhood." Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 13 of 21 The Planning and Zoning Commission recommended approval (7-0) on January 6, PP ry 2000. Contact Art Wright regarding this request. 22.Agenda Item No. 8E. ZA 99-115, Preliminary Plat for Carroll Meadows. The property is located on the west side of North Carroll Avenue approximately 1175' south of East Dove Road. The Current Zoning is "AG" Agricultural District. The Land Use Category is Low Density Residential and is located within the 65 Ldn of the Airport Overlay Zone. During consideration of the plat, the main discussion point was the extension of a street stub to the north into Lanny Tate's property. Mr. Tate spoke during the public hearing and indicated that he did not think that he would be benefited by the street stub. He feels that his nine acres will be purchased by one individual and not subdivided into a multiple lot development. Sanitary sewer is available in the Carroll right-of-way and the developer will extend it into the development. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to the review deleting Items #1 (provide a street stub) and #2 (minimum 100' lot width). Contact Dennis Killough regarding this request. 23.Agenda Item No. 8F. Ordinance No. 480-324, ls` Reading, ZA 99-122, Rezoning of Sherry Berman's property. This request proposes a zoning change from "AG" to "SF-1A." The property is located at 219 Lilac Lane, on the south side of Lilac Lane approximately 200' east of Pine Drive. The Land Use Category is Low Density Residential. The applicant has submitted a letter describing her plans for the property. In it, she indicated that she plans to construct one single-family dwelling on the 3.5-acre Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 14 of 21 tract. Currently, there is a 1,500 s.f. home on the site that she might rent prior to g beginning construction. She understands that two dwellings are not permitted on a single tract without obtaining a variance from the Board of Adjustment. A one-lot plat showing has been submitted for staff approval. The Planning and Zoning Commission recommended approval (7-0) on January 6, 2000. Contact Art Wright regarding this request. 24.Agenda Item No. 8G. Ordinance No. 480-326, Vt Reading, ZA 99-138, Rezoning for 4001 T.W. King Road, Linnia Johnson's property. This request proposes a zoning change from "AG" to "SF-1B." This property is located at 4001 T.W. King Road, on the east side of T.W. King Road approximately 1,200' south of West Bob Jones Road. The Land Use Category is Low Density Residential. Ms. Johnson resides on the property in an existing 1,500 s.f. house. The house size complies with the minimum square footage requirements for the SF-lB district. It is my understanding that Ann Withington of Maguire Partners is coordinating a service project to construct Ms. Johnson a new home on this site. The Board of Adjustment will consider a variance application on Thursday, January 13, to allow the existing home to remain on-site while construction of the new home progresses. Typically, the Board stipulates that no certificate of occupancy be issued for the new structure until the old structure is removed from the site. Staff should have the final outcome of the Board's hearing at Tuesday's meeting. Platting must occur prior to issuance of a building permit. The Planning and Zoning Commission recommended approval (6-1) on January 6, 2000, with Commissioner Peebles dissenting citing his reason as wanting to abolish the "SF-lB" zoning district. Contact Art Wright regarding this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 15 of 21 25.Agenda Item No. 10A. Authorize the Mayor to enter into a developer agreement for Eagle Bend Estates. This developer's agreement covers the construction of all public infrastructure within the Eagle Bend Phase II subdivision. The final plat was approved on November 4, 1999, and includes 37 lots. The agreement is the city's standard residential developer's agreement. On January 10, 2000, the Park Board reviewed the developer's request on park fees and did not make a recommendation. Two different motions failed on 4-4 votes; therefore, the Park Board did not make a formal recommendation to the City Council regarding park dedication for this development. The developer requests that the City Council consider approving a 50% credit for common open space and amenities. Section 7.06 of the Subdivision Ordinance states the following: "A developer may request credit for any private park, (bW recreation, or open space area, but such private park, recreation and open space amenities may never satisfy more than 50% of the total park and open space dedication requirement of this ordinance." The development includes 37 lots. The required land dedication for this development is 0.925 acres or $55,500 in fees in lieu of land dedication. Therefore the proposed credits may not satisfy more than $27,750 of the required park dedication fees. If you have any questions about the developers agreement, please contact Charlie Thomas. Questions about park dedication should be directed to Kevin Hugman. 26.Agenda Item No. 10B. Authorize the Mayor to enter into a developer agreement for Kimball/1709 Addition Lots 2, 3, and 4, Block 1 (Lowe's). This is the City's standard commercial developer's agreement. It covers the construction of public water and sanitary sewer infrastructure on the property. Lowe's anticipates beginning construction on its new site within the next month or so. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 16 of 21 The park board has recommended a park fee of $8,175.80 plus construction of an eight foot trail along FM 1709 in lieu of the six-foot trail on the Master Trail Plan. Lowe's recently constructed two driveways and a deceleration lane under a "partial" developer's agreement. If you have any questions, please contact Charlie Thomas. 27.Agenda Item No. 10C. Award of bid to Jackson Construction, Inc. for the construction of sanitary sewer and roadway improvements along Love Henry Court. This contract is for the construction of sanitary sewer to serve the residents along Love Henry Court and for the reconstruction of Love Henry Court. Six contractors bid this project. As stated in the memo from Senior Civil Engineer Shawn Poe, the low bid was received from Jackson Construction, Inc. of Fort Worth in the amount of $365,253. This project will be funded by the CIP budget, which has $359,000 for this project. The total cost associated with this project, including engineering, surveying, testing, and construction, is $389,273. This exceeds the budgeted amount by $30,273 or 8%. The additional money required to construct this project will come from available funds that exist from completed projects constructed below budget. A key factor in the cost overrun is that the estimated construction cost did not include construction of a 4' sidewalk along both sides of Love Henry Court, which was included in the bid. The cost to construct the sidewalk is $26,592. Staff recommends Council award the contract for the sanitary sewer and roadway improvements along Love Henry Court to Jackson Construction, Inc. in the amount of$365,253. If you have any questions, please call Shawn Poe. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 17 of 21 28.Agenda Item No. 10D. Amendment to the City Council Expense Policy. Due to the recent scrutiny over bond rating trips to New York, the staff believes it is in the best interest of the City to amend the current City Council Expense policy to address bond-rating trips. It is not unusual for City's to make bond-rating trips to New York when it is deemed essential to the bond rating presentation. This amendment will ensure that this type of trip is made within the context of travel guidelines approved by the Council. You will find attached to my memo a letter from Jim Sabonis related to our 2000 bond rating presentation. Please call Sharen Elam with questions about this item. 29.Agenda Item No. 11A. Hotel Occupancy Tax Ordinance. This item is on the agenda as a discussion item. The City Council has indicated a desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. the city can implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. City Attorney Deborah Drayovitch has prepared a draft ordinance for your review with a cover letter detailing specific criteria related to the implementation of such a tax. The memo from Shelli Siemer highlights information regarding the guidelines for administering hotel occupancy tax including the allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy tax revenues including definitions'of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 18 of 21 State statutes specifically define how the hotel occupancy tax revenue can be spent. The funds generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city that levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. The expenditure of hotel occupancy tax revenues must fit into one of the five statutory categories: • Funding the establishment or improvement of a convention center • Paying the administrative cost for facilitating convention registration; • Paying for tourism-related advertising and promotions of the city; • Funding programs that enhance the arts; or • Funding historical restoration or preservation programs. If you have questions regarding this item, please contact Shelli Siemer. Other Items of Interest 30. SPIN Orientation. Each of you should have received an invitation to SPIN's annual orientation, which is scheduled for Saturday, January 22, 2000, from 8:30 a.m. to 3:00 p.m. at the Boy Scouts of America Center for Professional Development (located in the Solana complex). Invitations have been sent to all SPIN standing committee members, SPIN liaisons, Homeowner Association Presidents and representatives, and City Council members. The purpose of this orientation is to inform new SPIN members about the city organization and their role as a member of SPIN. If you plan to attend the program, or would like to attend the lunch portion of the program at 11:45 a.m, please contact Shelli Siemer. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 19 of 21 31.Update on Teen Center Survey plans. Staff talked prior to the Christmas holidays with a couple of consultants who specialize in citizen surveys. Based on those discussions, and input from Council member Ronnie Kendall and Park Board Chair Sherry Berman, we drafted a Request for Proposals (RFP) that was sent out the first week of January to about 20 firms. Replies are due by Monday, January 24, 2000, and we expect to be able to enter into a contract within a week afterward. In the RFP, we requested a proposed timeline, but also indicated we would like to have results back by the end of February. We have received calls from two consultants regarding this timeline, both indicating it would be difficult to complete by the end of February. We asked them to still give us a proposal, but it appears that the end of March is more realistic as to when we can get a report of the results on the survey. If you have any questions, please contact Kevin Hugman. 32.Park Board Officer elections. As required b the Southlake City Code, the Park q Y tY and Recreation Board held officer elections at its first regular meeting of the year. At its January 10, 2000, meeting, the Board unanimously re-elected the current officers to another one-year term. The officers are Sherry Berman, Chair; Dick Anderson, Vice-Chair; and Cara White, Secretary. 33.Southlake Youth Action Commission update. Reminder that you are invited to the next Youth in Government meeting to be held Wednesday, January 19, 2000, at the Bicentennial Park Community Center from 6:00 p.m. to 7:00 p.m. The students look forward to the opportunity to meet their local representatives and learn about the City Council's role in municipal government. This orientation also .will help to prepare members for the Mock City Council meeting scheduled for Tuesday, February 29, 2000, at 6:00 p.m. Refreshments will be served. Please contact Courtney Queen if you have any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 20 of 21 34.Also attached: • FYI. Note the complaint from Sandy Rhone. Just goes to show you "you can please some of the people some of the time but not all of the people all of the time." • Memo from Malcolm Jackson concerning Tetco. • Memo from Ron Harper concerning Parkwood Drive Design Options-Status. • Thank you notes. • Calendar of meetings and events. BC Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Assistant Finance Director, ext. 833 Poe, Shawn, Senior Civil Engineer, ext. 846 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Steele, Rusty, Senior Accounting Assistant, ext. 850 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Wright, Art, Zoning Assistant, ext. 828 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 18, 2000 Page 21 of 21 Yelverton, Shana, Assistant City Manager, ext. 705 a 4- FIRST SOUTHWEST COMPANY James S. Sabonis `r SeniorVitrPnrident January 14, 2000 Honorable Mayor and Councilmembers City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 RE: 1) Crime Prevention District Tax Anticipation Note, Series 2000, . 2) Combination Tax & TIRZ#1 Revenue Certificates of Obligation, Series 2000-B 3) Certificates of Obligation, Series 2000-A 4) Certificates of Obligation, Series 2000 5) General Obligation Bonds, Series 2000 6) SPDC Sales Tax Revenue Bonds, Series 2000 Dear Mayor and Councilmembers: The City is in the process of issuing debt to fund its fiscal 2000 capital program. This is a significant endeavor as this bond implementation program is the largest in the City's history. Furthermore, several recent changes and significant issues are dramatically impacting the strategic planning and financial future of the City. These changes and issues include, but are not limited to, the following: 1) The necessity to explain the recent Council and Staff changes, make introductions, and begin an ongoing two-way communication process with the investment community, 2) The complexity and size of the fiscal 2000 debt issuance ($45.8 million of bonds involving 6 individual issues with 6 different security pledges and funding purposes), 3) The necessity to fully detail the City's evolution to a managed growth philosophy and the impact of this strategy on the City's financial condition, 4) The requirement to map out the City's conservative financial management and financial policies, and its proactive plans to manage long-term growth and financing requirements, 1 INVESTMENT BANKERS.SINCE 1946 1700 Pacific Avenue •Suite 500 0 Dallas, Texas 75201-4652 •214-953-4195 •Fax 214-953-4050 •jsabonis@firstsw.com 5) The City's issuance of subordinated lien sales tax revenue bonds, and the necessity of achieving an underlying investment grade rating and "AAA" bond insurance. Previously the City was unable to achieve these goals and issued subordinate lien bonds that were non-rated and non-insured, 6) The City's use of innovative debt structuring techniques (callable zero coupon bonds), 7) The goal of the City is to speak directly with its analysts. Southlake is handled by the expedited underwriting group which is located in New York City, 8) The City will be applying for its first bond rating from Fitch IBCA, 9) The requirement to detail the phased issuance of the traffic management bond program. One of the most important responsibilities of our role as your financial advisor is to assist in the development of strategies, policies and implementation programs that minimize costs of issuance and interest costs on debt issuance. As one part of this goal, we recommend that the City make personal in-depth presentations to all three of the municipal bond rating agencies and the main bond insurers. The goal of the meetings is to educate and to enlighten these firms in order to maintain the City's bond ratings on and to reduce the cost of municipal bond insurance for the planned debt issues, as well as to obtain an investment grade rating for the subordinate lien sales tax revenue bonds. We have assisted many of our other clients that were in similar situations make successful presentations directly to their analysts in New York Currently, the City's General Obligation Debt is rated "Al" by Moody's Investors Service, Inc. (Moody's)and "A+" by Standard&Poor's Corporation(S&P). The Senior Lien Sales Tax Debt is rated an "A3" and "A-" respectively. An "A" is an upper-medium grade investment grade and is an outstanding rating for the City based on its historical size and state of development. According to S&P, debt rated "A" has a strong capacity to pay interest and repay principal although it is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than debt in higher rated categories("AAA" and "AA"). Because of many significant changes and issues that have and will impact the City, a bond rating downgrade is a possibility. It is essential that we maintain the city's current rating. Increased borrowing costs result from increased interest costs when the City issues debt on a stand alone basis (without bond insurance) or from increased bond insurance premiums when the City issues debt that is credit enhanced (insured). A 0.10% increase or decrease in interest cost on this year's bond program will increase or decrease borrowing costs by approximately $700,000. 2 For background information, we have attached a copy of the most recent Moody's and Standard & Poor's rating results for the City's general obligation tax supported debt and sales tax debt. As we have indicated, we are dedicated to assisting the City in any way possible. Please feel free to call either Beth or I at (214) 953-4003 or (214) 953-4195 if you need any additional information, or have any questions or {I, comments. Ve y yours, ames S. Sabonis Senior Vice President 3 J $17,0301000 CITY OF SOUTHLAKE, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999 - A $4,655,000 SOUTHLARE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, SERIES 1999 APRIL 691999 Sales Tax General Revenue Obligation Debt Debt Moody's Investors Service: Underlying Rating "Al" "A3" Insured Rating "Aaa"Lw Standard&Poor's Rating Group: Underlying Rating "A+" "A-" Insured Rating "AAA" "AAA" DEFINITIONS OF LONGTERM RATINGS: "A" Bonds that are rated A possess marry favorable investment attributes and are to be considered as upper medium grade obligations. Factors giving security to principal and interest are considered adequate, but. elements may be present that suggest a susceptibility to impairment some time in the future. "Aaa" Bonds that are rated Aaa are judged to be of the best quality. They carry the smallest degree of investment risk and are generally referred to as "gilt edge." Interest payments are protected by a large or by an exceptionally stable margin and principal is secure. While the various protective elements are to change, such changes as can be visualized are most unlikely to impair the fundamentally strong position of such issues. STANDARD &POOXS Public Finance New Issue Review ISSUER: SOUTHLAKE, TEXAS April7, 1999 NEW RATING $17.03 mil tax,wtrwrks,and swr sys(Itd pledge)rev certs of oblig ser 1999A did April 15, 199S•due Feb 15, 2019 A+ Offices: $3.61 mil comb tax and tax incre(reinvestment zone number one)rev certs ser 1999B dtd April 15, 1999 due Feb 15,2019 A+ AFFIRMED Main Office: $13.91 mil tax,wtrwks,and swr sys(ltd pledge)rev certs of oblig ser 1998 dtd May 15, 1998 A+(SPUR) $4.28 mil tax nts ser 1998 dtd Oct 15, 1998 A+(SPUR) 25 Broadway OUTLOOK: STABLE New York,NY 10004 (212)208-8000 RATIONALE The rating on Southlake,Texas'debt reflects the city's full faith and credit pledge.Additional factors include: Regional Offices' • A predominantly residential taxable property base that has exhibited solid growth, to High wealth levels, 84 State Street,6th Floor • Sound financial management and healthy reserves,and Boston,MA 02109 er High debt burden and growth-driven capital needs. (617)371-0300 Southlake(population 21,050)is a fast growing suburb in northeastern Tamara County,between Alliance and Dallas-Fort Worth International airports.Over the past six years,new homes with an average value 10 South Wacker Drive approaching$350,000 have been developed at a rate of about 600 annually.The population growth has Suite 2915 triggered retail and commercial construction along several thoroughfares,which contributed to an assessed Chicago,IL 60606 valuation increase of$380 million,or 24.5%,in fiscal 1999 to$1.93 billion.The tax base has tripled in the (312)831-0400 past six years.Portions of the Solana Office Park are located in Southlake and provide a presence fJr American Airlines'Sabre Group,Citibank,Levi Strauss,and Mercedes Benz.Median household estimated buying 500 North Akard Street income is about twice the national average. Financial performa•ice is sound with an unreserved general fund balance of$2.9 million,or 21.8%of Suite 3200 expenditures at fiscal 1998 year-end.The city projects breakeven operations through fiscal 1499.In April Dallas,TX 75201 1998,the city began collecting a temporary 0.5%sales tax dedicated for crime control with the intention of (214)871-1400 using the tax over the next five years to fund capital items related to police services.Year-to-date sales tax collections have met budget expectations of 20%growth. One Market Street Overall net debt is high at$6,686 per capita and 7.3%of market value.At the current pace of Stewart Tower, 15th Floor development,the city projects that it will require annual infrastructure investment of about$10 million-$15 San Francisco,CA 94105 million annually over the next five years.To fund those needs,the city has scheduled a$24 million bond (415)371-5000 election for May 1, 1999.In addition,the city is planning to invest$12 million in a Town Center project, which will include new city offices and be financed through a tax increment district. OUTLOOK The outlook reflects the city's solid tax base growth,conservative management,and strong reserves. Analysts: Alexander M.Fraser Dallas 214-871-1406 4tandard&Poor's Jeanie Yarbrough Apfoid 1s000f7 MVGMWMCa*0dsf� Dallas Ablisl"by SuodW k Feces,a Divisioe ofThe McGraw-Hill Compsaies.toe.Excessive offices:1221 Avesae of16e Americas.New Yort N.Y.10020.Editorial offices:23 Bruadway.New Yak N.Y. 214-87 1-1420 10004.SoWeriber services:(212)209.1146.Copyrighe 19M by The McGraw-Hill Compaoiee Inc.Reprodactioo is wbole a in pit prohibited=qx by permis iow STANDARD &POOR'S Public Finance New Issue Review ISSUER: SOUTHLAKE PARK DEVELOPMENT CORP., TEXAS April 7, 1999 NEW RATING $4.66 mil sales tax rev bnds ser 1999 did April 1, 1999 due Aug 15,2024 A- OUTLOOK: STABLE Offices: RATIONALE The rating on Southlake Park Development Corp.,Texas'bonds reflects the city of Southlake's pledge of sales Main Office: tax revenues.Additional factors include: • A rapidly growing residential population and tax base, 25 Broadway • Participation in the strong regional employment base, New York,NY 10004 • Above-average wealth and income indicators,and (212)208-8000 • Extremely strong sales tax revenue growth. A higher rating is precluded due to the city's limited commercial and retail sales/retail base,as well as capital Regional Offices: improvement and debt plans that will likely limit future coverage to the minimum 1.4 times(x)maximum annual debt service required under the additional bonds test 84 State Street,6th Floor Southlake is a rapidly growing,residential community of 21,050,located in northeast Tarrant County. Boston,MA 02109 The city's current estimated population has nearly tripled since the 1990 census.Wealth and income indicators (617)371-0300 are well above average,with median household effective buying income at 173%of the county,206%of the state,and 196%of the national averages. 10 South Wacker Drive The bonds are secured by a 1/2 cent sales tax,first collected in May 1994.Revenues have grown from Suite 2915 $516,750 in fiscal 1995 to$1.26 million in fiscal 1998.The city has budgeted$1.5 million in fiscal year 1999, Chicago,IL 60606 an increase of 20%from 1998.Based on five months of actual collections,it appears that the city will meet the (312)831-0400 budgeted amount.While the city's base remains primarily residential,a number of large commercial projects, which would boost the city's sales tax base,have recently opened.Such projects include a Home Depot in 500 North Akard Street 1997 and the"Town Center"development in March 1999,which includes a number of retail outlet,;such as Ann Taylor,Gap,and Eddie Bauer in a mixed-use setting. Suite 3200 Bond proceeds will be used to fund a variety of park improvements within the city.While the 1/2 cent Dallas,TX 75201 sales tax's history is limited,the tax has increased at annual rates of 42%,31%,and 31%over the last three (214)871-1400 years.The size and timing of future sales tax bond issues will depend on the growth in the sales tax. Management expects coverage to remain near the l Ax required by the additional bonds test with bond issues One Market Street every two years. Stewart Tower, 15th Flow OUTLOOK San Francisco,CA 94105 The outlook reflects the city's currently limited retail sales tax base and its plans for additional debt. (415)371-5000 Analysts: Alexander M.Fraser Dallas 214-871-1406 Standard&Poor's Jeanie Yarbrough A nidiaa,of 7hrMvG+mrriB4Ca"Ni0 oodoallas7 P.WidW by Sd k Pmlt a Di.i m of T McGraw- he Hill Campmin Inc.loc.Exem ive offrcea:1221 Avarae of ibe Amaka.New York N.Y.10020.Edimrid office:25 Bmadway.New Yet N.Y. 214-8 1-1420 10004.SWacriba aavka:(212)209-1146.Copy&1999 by The McGr -HW Campania,In.Reprodactioo in wbk or in pwt prohibited aecpt by. i MOodY'S Investors Service New Issue Report Published 04/05/99 Southlake Park Development Corporation, TX Contacts Douglas Benton 214-220-4347 Laura Barrientos 214-220-4380 Moody's Rating Underlying Issue Rating Rating Sales Tax Revenue Bonds, Series 1999 A3 Aaa Sale Amount $4,655,000.00 Expected Sale Date 04/06/99 Rating Description Sales Tax Revenue Moody's Upgrades to A3 from Baal the Rating on Southlake Park Development Corporation's Sales Tax Revenue Debt $13.3 Million of Debt Affected Opinion Ambac is expected to insure the Southlake Park Development Corporation's (SPDC) $4,655,000 Sales Tax Revenue Bonds Series 1999. Subject to Moody's review and approval of the insurance policy and other relevant documentation, the bonds are expected to carry Ambac's current financial strength rating of Aaa. Moody's has assigned an underlying rating of A3 to the current issue and upgraded the underlying rating to A3 from Baal on the Southlake Park Development Corporation Refunding and Improvement Sales Tax Bonds, Series 1997. The A3 rating reflects the improving coverage levels provided by a growing sales tax base and the anticipation that this growth will continue for the foreseeable future. The underlying rating affects a total of$13,325,000 of debt. SPDC approved a half-percent sales tax in November 1993 and began full year collections in 1995. Over the three year time period from fiscal 1995 to 1998 sales tax growth has averaged over 30%. This growth has occurred as Southlake's development has included a notable increase in the amount of retail establishments located in the city. Moody's believes that this trend will continue as city officials have indicated that future development efforts are targeted at commercial retail projects like the recently opened Town Square. The bonds are secured by the half-percent sales and use tax, which is dedicated to the acquisition of park land, as well as the development of existing park facilities in the city of Southlake. An original issue of$8,970,000 was sold in March 1997 with the proceeds utilized in the acquisition of additional land contiguous to Bob Jones park and the construction of new facilities at Bicentennial park. Officials have stated that the immediate focus of SPDC is to acquire parcels of land for future park use as the city's supply of available land is declining. The shrinking supply of land is due to the rapid development that has occurred over the past several years. SPDC's capital plan anticipates the issuance of additional debt totaling $9.9 million in fiscal 2001 and 2003. SPDC's debt position is high with limited excess coverage. Calculations for the twelve months ending February 1999 reflect that SPDC's pledged revenues provided 1.41 times coverage of projected debt service. This coverage level is slightly above the additional bonds test limitation of 1.40. Moody's expects this coverage level to improve to over '.7 times as the sales tax base continues to expand at its historically rapid growth rate. Interim results provided by the city indicate that this growth rate continues unabated. This improved coverage level includes the issuance of the $9.9 million of planned additional debt. Outlook The outlook for this rating is stable based on Moody's belief that debt service coverage levels will continue to improve as the city's retail base expands. Moody's expects that growth of the retail sector will be supported by ongoing economic growth in the city and a continued favorable socioeconomic profile. ©Copyright 1999 Moody's Investors Service i New Issue Report oody's investors Service�1 Published 04105/99 Municipal Credit Research = Southlake (City of) TX Contacts Douglas Benton 214-220-4347 Laura Barrientos 214-220-4380 Moody's Rating Underlying Issue Rating Rating Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999-A Al Aaa Sale Amount $17,030,000.00 Expected Sale Date 04/06/99 Rating Description General Obligation, Limited Tax Moody's Assigns Al to Southlake's General Obligation Debt $67.8 Million of Debt Affected Opinion Ambac is expected to insure the City of Southlake's $17,030,000 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation Series 1999-A. Subject to Moody's review and approval of the insurance policy and other relevant documentation, the bonds are expected to carry Ambac's current financial strength rating of Aaa. Moody's Investors Service has assigned a Al underlying rating on this issue and affirmed the Al rating on the city's outstanding $51.4 million of general obligation debt. The certificates are secured by, and the rating reflects, the city's general obligation, limited tax pledge, although a portion of the debt service is expected to be paid from water and sewer revenues. The underlying rating is supported by an established trend of sound financial operations, the city's solid and rapidly growing tax base, and an acceptable debt position. The financial operations are well maintained as reflected by the maintenance of a General Fund balance at 20% or higher over the past few years. Considering the city's rapid development and increasing demand for city services, Moody's believes maintenance of this level of reserves is important. In 1998 the main source of revenue for the city continued to be property taxes with strong collections at over 100% for the fourth consecutive year. Results for 1998 reflected a General Fund operating surplus with a surplus also anticipated in 1999. The positive results for 1998 and into 1999 have occurred as a result of the city's steady revenue growth provided by an ever expanding tax base. City officials continue to stress a conservative approach to reserve levels with a target of fifteen to twenty-five percent of total General Fund Revenues. Strong growth in the city's tax base continued into 1998 with an increase of 330/6 for the year and a five year average annual increase of 25%. Full taxable value now exceeds $2.1 billion. Growth for the city has occurred due to its desirable location in the Dallas-Fort Worth metroplex and its proximity to the employment centers of DFW airport. Las Colinas, and downtown Fort Worth. During the 1990s. growth for the city has been primarily residential however, recent development has become more commercial. This shift is reflected in the change from 1997 to 1999 whereby commercial taxable value increased from 6% to 13% of total taxable value. Moody's believes that this trend will continue with the recent opening of Town Square and the planned completion of highway 114 as a major thoroughfare to interstate 35W. The city's development emphasis is reflected in the creation of a Tax Increment Reinvestment Zone (TIF)to assist in the development of the Town Square project. This project, which recently opened Phase I. will include a combination of retail establishments and city facilities (city/county offices and a library). It is anticipated that the Town Square project will generate $300MM in taxable value and the city has committed to fund $28.5MM in capital needs through the issuance of Combination Tax and TIF Revenue Certificates of Obligation over fiscal years 1999 to 2008. The additional tax revenue generated by the Town Square TIF will be dedicated to TIF operations and not available for general operations of the city. Moody's anticipates the first issuance of TIF supported debt in the near future. In addition to growth in the tax base the city benefits from high resident wealth and income levels. Per capita and median family incomes are 177% and 200% of the state's levels, respectively. The city's overall debt position is high, as reflected by an overall net debt burden of 7.7% and debt per capita of$7,522. The city's direct net debt burden is 4.1%. These higher debt levels are a result of the rapid growth in the city that has resulted in the need for significant infrastructure capital improvements. The rate of principal retirement is slowing, and is now 44% in ten years. Debt service as a percentage of expenditures is growing„ but remains manageable at 15% in FY 1999. At this time the city does not have any unissued authorized capacity but officials stated that they are planning a bond election for May 1, 1999 in which they would seek approximately $24 million in bonding capacity. If approved, these funds would be utilized to support roadway infrastructure projects with an anticipated issuance in early 2000. In addition to this anticipated offering there are plans to issue approximately $10 million of sales tax supported debt over the next few years. Moody's rating and the stable outlook reflect the expectation that the effect of this additional debt will be offset by continued expansion of the tax base, preventing deterioration of the city's debt position. Outlook Moody's outlook on the city is stable. The outlook reflects Moody's expectation that continued growth in taxable values and the current debt retirement structure will mitigate the impact of planned debt issuance by the city. Additionally, the outlook reflects Moody's belief that other strong credit fundamentals, notably a satisfactory financial position and strong socioeconomic profile, will remain positive, offsetting the city's relatively high debt position. ©Copyright 1999 Moody's Investors Service Billy Campbell From: Kim Bush Sent: Wednesday, January 12, 2000 9:27 AM To: Gary Gregg (**MW;c: Garland Wilson; Billy Campbell Received a call from Ms. Sandy Rhone, 481-2227, complaining about the amount of police activity in Coventry Manor. She would like someone to call her and explain why we are spending tax dollars to monitor the speed humps - "which should not even be there in the first place." Would appreciate it Gary if you could have some one call her. Thanks. Kim, City Manager's Office City of Southlake, Texas MEMORANDUM January 13, 2000 TO: Garland Wilson, Director Public Safety FROM: Malcolm Jackson, Chief of Building Services SUBJECT: Status of Teteo Issue On Tuesday, January 4, 2000, several citizens from Myer's Meadow subdivision made a presentation at the public forum session of the City Council meeting regarding noise issues at the Tetco service station located at Peytonville and FM1709. Direction was given to staff to arrange a meeting with Tetco officials and representatives of the neighborhood or take other action necessary in an effort to resolve the issue. Staff members and city attorney met with the citizens present immediately following the public forum session. At that time the city attorney identified the issues involved with legal options such as filing complaints in municipal court and injunctions. It was decided that Malcolm Jackson, Chief of Building Services for Southlake, would arrange a meeting with Tetco representatives,city staff members, and a representative of Myer's Meadow. The neighbors agreed that Stan Key would serve and the liaison for Myer's Meadow. On January 6, 2000, Malcolm Jackson contacted Jim Harris, the attorney representing Tetco. After reviewing the issues, Jim Harris agreed to see if Tetco would turn off the blower and attend a meeting to reach some resolution to the neighbor's complaints while allowing them to operate their business. Also on January 6, 2000, Stan Key contacted Mr. Farmer,the president of Tetco, and arranged a meeting between a Tetco representative and members from the neighborhood. Stan Key indicated he believed it was important to bring the two parties having the problem in a direct meeting with each other in order to resolve the problem. That meeting was set for Thursday, January 13, 2000. On January 7, 2000, Jim Harris confirmed that a meeting was set with the residents to Myer's Meadow and Tetco representative John Farrell. Jim Harris also confirmed that Tetco had agreed to turn off the blower for a week, pending the meeting, in hopes of having a meeting where some agreement and resolution to this matter could be reached. Jim Harris indicated the meeting with John Farrell was intended for the representatives of the neighborhood to meet so Tetco could confirm their concerns, but that no final decisions would be made at that time. Jim Harris recommended that a separate meeting should take place with city executive staff, city attorney, Tetco representative and Tetco legal staff, and one or two representatives of the neighborhood to reach some final decisions. A meeting was tenatively set for Monday, January 17, 2000. However, that date was later determined to be unavailable due to Martin Luther King Holiday and a variety of scheduling conflicts. Malcolm Jackson agreed to contact all participants and reschedule the meeting. Garland Wilson, Director Public Safety Status of Tetco Issue January 13, 1999 Page 2 On January 12, 1999, Stan Key advised that the meeting between the residents and Tetco representative John Farrell had been cancelled. Malcolm Jackson contacted Jim Harris who advised that when Mr. Farrell learned that Stan Key had arranged for 15-20 neighborhood members to be present at the meeting, he felt unprepared to properly address it since no authority was granted for him to make any final decisions. Tetco representatives believed a meeting with a round-table discussion among all participants would be most productive and beneficial in achieving a lasting agreement. Malcolm Jackson agreed to continue to schedule for such a meeting. On January 13, 1999, all parties were contacted and agreed to meet at 3:OOpm on Wednesday, January 19,2000 at the Senior Citizen Center. The room would accommodate 8-10 persons. Jim Harris confirmed he and a representative of Tetco, along with a noise engineer would be present. Southlake city attorney confirmed their attendance. Southlake City Manager's office was notified. Malcolm Jackson confirmed attendance. Stan Key was advised and confirmed he would attempt to attend along with one or two other residents. The goal of the meeting is to achieve a solution in which the company can operate their car wash and the neighbors are not disturbed by unreasonable or loud noises. Some tentative suggestions include the planting of thick vegetation along the west side of Peytonville,the construction of either a wall to deflect the noise south or southwest, automatic doors on the car wash, rubber cushions on the gas tank lids, and similar noise reduction measures on the car wash equipment. The city, Tetco, and the neighbors have indicated a strong desire to resolve the issues outside the parameters of legal or enforcement action. Hopefully this meeting with achieve those objectives. You will be advised of any additional developments. I am available for any question or comment . MWJ/mwj L L � � �� 2 �� c� e � � � � � c c i y i7 PIcC may .-�..•_..,... a' ,1797 lift �i1��I1�i�ltli��ilitifl�toll IifIfifilIs111111IIIIIIIIIJ less You at (hriitmji anj al�„aYs. Od d 6 ill SAYLOR HEALTH CARE SYSTEM e0 r- as (Ior -frn?loyPc. .,I,.�. s SMCv-,A-0— Wk) fiYe4q icVej vp. 'lXAnle J `LA Y av� �( .s;.�cCtSS�I c,�,f ��. �✓t So i�,�. uck. w 00 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance,which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE: C. Halvorson ID#: 195 DIV: Police Services EFFECTIVE ISSUANCE DATE OF COMMENDATION: January 05, 2000 NARRATIVE SUMMARY: At 1729 bra,01-02-00,Officer G Halvorson and PSO A Lett were radio dispatched to investigate a suspicious person that had been hanging around the exterior of Kroger,2110 F.1709.PSO J.Vogel, in spite of just completing his tour of duty at 1700 hrs,accompanied PSO Lelz to the scene.The officers learned that the suspicious person had left prior to their arrival and were unable to locate the subject at the shopping center at 1745 hm Officer Halvorson and PSO Letz were scheduled to end their tour of duty at 1800 hm Instead of returning to the station to secure their patrol vehicles,the officers proceeded to nearby Walmart,200 N.Kimball The officers found a subject wallung across the Wd mart parking lot who matched the description of the suspicious person.Officers detained the subject for questioning and,based on officer salety concerns,discovered a pellet pistol(resembling a real pistol)in the subject's waist band.An won revealed that the pellet pistol had been stolen from Walmart and the subject was arrested(#0040000053).The subject subsequently made a statement that he intended to use the pellet pistol to force an acquaintance to drive him to east Texas. All circumstances suggest that the officers'timely intervention prevented a more serious criminal offense of robbery,car-jadda&and/or kidnapping.The officers'persistence and dedication to professional service is to be commended. ACKNOWLEDGEMENT: As the issuing supervisor,I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards,that the issuance of this form is intended to recognize such performance through positive documentation,that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files,and that a duplicate copy has been forwarded to the employee. Robert McAmis. Sergcea=Police Service Jam ma 05, 2000 Is Supervisor Date 00 l �� SOUT I LAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance,which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE: D. Letz ID#: 186 DIV: Police Services EFFECTIVE ISSUANCE DATE OF CONWENDATION: January 05, 2000 NARRATIVE SUMMARY: At 1729 hrs,01-02-00,Officer C.Halvorson and PSO D.Metz were radio dispatched to investigate a suspicious person that had been hanging around the exterior of Kroger,2110 L 1709.PSO J.Vogel, in spite of just completing his tour of duty at 1700 hrs,accompanied PSO Lett to the scene.The officers learned that the suspicious person had left prior to their arrival and were unable to locate the subject at the shopping center at 1745 bra. Officer Halvorson and PSO Lett were scheduled to end their tour of duty at 1800 hm Instead of returning to the station to secure their patrol vehicles,the officers proceeded to nearby Walmart,200 N.Kimball.The officers found a subject walling across the Wabmart parldug lot who matched the description of the suspicious person.Officers detained the subject for questioning and,based on officer safety concerns,discovered a pellet pistol(resembling a real pistol)in the subject's waist- band.An investigation revealed that the pellet pistol had been stolen from Wabmart and the subject fir+ was arrested(#0040000053).The subject subsequently made a statement that he intended to use the pellet pistol to force an acquaintance to drive him to east Texas. All circumstances suggest that the officers'timely intervention prevented a more serious criminal offense of robbery,car-jacking,and/or Iddnapping.The officers'persistence and dedication to professional service is to be commended. ACKNOWLEDGEMENT: As the issuing supervisor, I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards,that the issuance of this form is intended to recognize such performance through positive documentation,that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files,and that a duplicate copy has been forwarded to the employee. Robert McAmis. Sergeant.Police Services Jana=05, 2000 Issuing Supervisor Date 00 od 1 � G • �cu will act Ica- C'XAcar k3oLvxr, S;Hense_ �010 e5. -n c 2 WavI CD 'LP � aPologiz� sue, i4• ba-yxxl car r! L4 puklc-(:D me. Oiler Ir-uti �► bwncco �. rob& vd1�zu3aLppn arm who 'p` lorz�l�c.p i r�O �s Cwarn�c��t��. I 2. wovkfl 0.-Yc;+UcLo oj--Nd� Iee-hc�xxt�cr; aJ- Opt- - car anco Happy `holidays N fi, u s+� I�� ....and happy tomorrows. �y��.�. 2. a& o- "A5 -hoc ac>c9 � °i - o� LOCr i Cam, hags. � pulled aj)cD 2 'o Z a►rr '•'sar z rW(noR OM �c� ccl� 'o 0� ryl� ¢mo'h cif ark . 2 c Ili� In bunot P ' lea 6 aver umits Aar End � �r1 tYIQ • Z alo I��e 00 RcoBnizedfor is e ine�2o �le�l Independent School District U.Barry Hinkle, GrVeyine Middle School On Thursday, October 30, 1999, your K 9 Officer Ron Wyri*,did a presentation 730 Bast Worth at Grapevine Middle School, for Red Ribbon Week. We had several guest Grapevine,TX 76051 speakers on campus that day and all I was able to do was get Officer Wyrick to the gym and introduce him to the a grade teachers and students. I had to leave him there and go to introduce another speaker. I returned to the gym around twenty minutes later.and found a very captive audience. This age group student has a very short attention span so this was no small feat. 817251-5660 I would like to thank you for allowing Officer Wydck to do this presentation. I heard FAX 817/424-1626 nothing but good comments from both students and teachers about the presentation. I am the DARE /School Resource Officer at Grapevine Middle School and are very proud to say-that our agencies work well together.'If there is anything that I can do to assist your agency please do not hesitate to ask. W 4� Matthew Petrie l� i SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance,which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE: J. Vogel 1D#: 169 DIV: Police Services EFFECTIVE ISSUANCE DATE OF COMMENDATION: January 05, 2000 NARRATIVE SUMMARY: At 1729 bra,01-02-00,Officer C Halvorson and PSO D.Lett were radio dispatched to investigate a suspicious person that had been hanging around the exterior of Kroger,2110 L 1709.PSO d Vogel, in spite of just completing his tour of duty at t700 hrs,accompanied PSO Lett to the scene.The . officers learned that the suspicions person had left prior to their arrival and were unable to locate the subject at the shopping center at 1745 hrs. Officer Halvorson and PSO Lett were scheduled to end their tour of duty at 13M brs.Instead of returning to the station to secure their patrol vehicles,the officers proceeded to nearby Walmart,200 N.Kimball.The officer:found a subject walldng across the Walmart parking lot who matched the description of the suspicious person.Officers detained the subject for questioning and,based on officer safety concerns,discovered a pellet pistol(resembling a real pistol)in the subject's waist- band.An investigation revealed that the pellet pistol had been stolen from Walmart and the subject was arrested(1100-000000531.The subject subsequently made a statement that be intended to use the pellet pistol to force an acquaintance to drive him to east Texas. All circumstances suggest that the officers'timely intervention prevented a more serious criminal offense of robbery,car-jacking,and/or kidnapping.The officers'persistence and dedication to professional service is to be commended. ACKNOWLEDGEMENT: As the issuing supervisor,I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files, and that a duplicate copy has been forwarded to the employee. Robert McAmis. Solcont.Police Services Lqmna 05, 2000 Issuing Supervisor Date C � O0 t`. January 2000 L Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 7:00 PM City Coun- 6:00 PM SYAC @ 6:30 PM P&Z Mtg KSB Litter cil Mtg @ City Hall Comm Ctr @ City Hall Pick-up 7:00 PM Crime 7:00 PM SPIN 7 Control @ City Hall &g Meeting @ Sr Ctr 9 10 11 12 13 14 15 2:00 PM SPIN 7 7:00 PM Park Board 1:15 PM Sr Adv 8:30 AM Metroport TransP. 6:30 PM Special P&Z 12:00 PM Trail Mt @ CI Hall CtD1e Cone'@ Grapevine Mtg @City Hall &8 Meeting @ g City 5:00 PM Youth Park 6:30 PM TM Board Mtg System Master CISD Annex 6:00 PM Stan Key re: Board @ Grapevine @ DPS Tmg Rm Plan Kick Off @ Peytonville @ Rec.Ctr. 7:00 PM SPIN Standing Admin.Conf.Rm. 6:00 PM Drainage Committee @ Sr Ctr Comm.Ctr. Ord.Review @ 8:00 PM CIAC Mtg-DPS 7:00 PM Drug and Admin.Conf.Rm. Tmg Rm Alcohol Awareness 7:00 PM Sister Cities Mtg 8:00 PM Special City Council Committee @ Sr Ctr @City Hall 16 17 18 19 20 21 22 Martin Luther King 12:00 PM V.Truitt 8:30 AM Metroport 7:30 AM Metroport 8:30 AM-3:00 PM Holiday-City Offic- Luncheon @ Trans.Cmte.@ @ Trophy Club SPIN Orientation es Closed Harvey Hotel Grapevine 6:30 PM P&Z Mtg @ BSA Center 5:00 PM SPDC 6:00 PM SYAC @ @ City Hall Special Meeting @ Comm Ctr City Hall 7:00 PM KSB Mtg 7:00 PM City Coun- @ Comm Ctr cil Mtg @ City Hall 23 24 25 26 27 28 29 6:00 PM SPDC will be @ Sr. 3:00 PM TMB Meet- 9:00 AM Metroport Cu. ins @ Sr.Ctr. SH 114 Hearin in 6:30 PM CIAC w/CC @ Sr. g g Co.attuned'following 5:00 PM City- Austin SPDC) Initiated Work- 7:00 PM Police Accreditation Admin Public Hearing @ City Hall Conf.group @ @ Rm 7:00 PM Library Board Meeting @ City Hall 30 31 4:00 PM Park Board Retreat @ TBD ( Meetings subject to change. As meetings come up or change we will notify you. Please call for more information prior to attending. 11tA� ��SPIN�► City Manager's Report , January 14, 2000 Upcoming Meetings City Council Meeting Agenda January 17,200o January 18, 2000 *A,, SPIN 11 Meeting The following items will be addressed at January]8 Regular City Council Meeting. sSpNs Topic:Proposed Site Plan for Countryside Consent Agenda: Ama Bible Church 7:00 p.m Countryside Bible Church A. Approval of minutes of the Regular City Council meeting held January 4,2000. 250 Countryside Court B. Resolution No.00-10,Easement Abandonment at 591 and 611 South White Chapel Boulevard. January 18,2000 C. Resolution No.00-05,Approving and authorizing publication of notice of intention to issue Certificates of Special SPDC Meeting Obligation,Series 2000. 5:00 p.m City Hall D. Resoltion No.00-06,Approving and authorizing publication of notice of intention to issue Certificates of Obligation,Series 2000-A. Regular City Council Meeting E. Resolution No.00-07,Approving and authorizing publication of notice of intention to issue Certificates of 7:00 p.m City Hall Obligation,Series 2000-B. January 19,2000 F. Resolution No.00-09,Authorizing the City Manager to enter into a lease purchase agreement for the purpose of SYAC Meeting procuring ruggedized laptop computers. 6:00 p.m Community Center G. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station on Shady Lane. KSB Meeting H. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station on Lonesome Dove. 7:00 p.m Community Center I. This Item Left Intentionally Blank. J. Authorize award of bid to Acugraphics Embroidery&More,Inc.for annual purchase of uniforms. January 20,2000 K. Resolution No.00-12,Authorizing the City Attorney to bring condemnation action for the purpose of obtaining Planning &Zoning right-of-way and drainage easement for use by the City. 6:30 p.m City Hall Regular Agenda: O,A,p January 22,2000 Ordinances,second readings,public hearings,and related items: OiPINs SPIN Orientation A. Ordinance No.480-JJ,Revisions to the Comprehensive Zoning Ordinance No.480,regarding impervious ®�a 8:30-3:00 p.m BSA Training Center-Solana converage. January 24,2000 B. Ordinance No.585-B,Amending Ordinance No.585-A,Tree Preservation Ordinance. Special SPDC Meeting C. ZA 99-092,Site Plan for Southlake Marketplace,Phase III,South side of F.M.1709 east of F.M.1938.SPIN#16. 6:00 p.m Senior Activity Center D. Ordinance No.717-B,designating the speed limit within Cross Timber Hills subdivision and Oaktree Estates CIAC Meeting with City Council Addition as 25 mph. (immediately following SPDQ E. ZA 99-090,Development Plan for Sabre Corporate Campus,on the southeast corner of the intersection of State -0 p.m Senior Activity Center Highway 114 and Kirkwood Drive.SPIN#2. F. ZA 99-091,Site Plan for portions of the Sabre Corporate Campus,located on Kirkwood Drive approximately 800'east of State Highway nuary 26,2000 114.SPIN#2. O q Citywide SPIN Meeting G. Resolution No.00-11,ZA 99-126,Specific Use Permit for the Sale of Alcoholic Beverages for On-Premise 4 SPN�s Topic: Preliminary plans for TMB Consumption for Thai Chili at 215 Grand Avenue. SPIN#S. Improvements on intersections of Ordinances,first readings,and related items: Peytonville&FM 1709 and White A. Ordinance No.480-II,Revisions to the Comprehensive Zoning Ordinance No.480,as amended,regarding Chapel&FM 1709. regulations on carports,covered parking,and parking garages on non-residential property. 7:00 p.m Carroll HS Cafeteria B. Ordinance No.480-HH,Revisions to the Comprehensive Zoning Ordinance No.480,as amended,regarding Library Board Meeting regulations on outside storage,outside display and screening. 7:00 p.m.City Hall C. Ordinance No.480-321,Rezoning and Revised Concept Plan for St.Martin-In-The-Fields Episcopal Church located on the east side of South Pearson Lane south of F.M.1709.SPIN#15. January 27,2000 D. Ordinance No.480-322,Rezoning for Carroll Meadows located on the west side of North Carroll Ave south of E. Metroport SH 114 Hearing Dove Rd.SPIN#5. 9:00 a.m Austin E. ZA 99-115,Preliminary Plat of Carroll Meadows located on the west side of North Carroll Ave south of E.Dove A-1 SPIN 9W Meeting Rd.SPIN#5. SRN 0,, Topic:Reconstruction of Pine Drive F. Ordinance No.480-324,Rezoning on 219 Lilac Lane located on the south side of Lilac Lane east of Pine Drive. 7:00 p.m Senior Activity Center SPIN#9w. G. Ordinance No.480-326,Rezoning on 4001 T.W.King Road located on the east side of T.W.King Road south of West Bob Jones Road.SPIN#1.. City Offices will be Resolutions: (no items this agenda) y Other items for consideration: closed Monday, A. Authorize the Mayor to enter into a developer agreement for Eagle Bend Estates. January 17, 2000 B. Authorize the Mayor to enter into a developer agreement for KimbalV1709 Addition Lots 2,3 and 4,Block 1 (Lowe's). in observance of the C. Award of bid to Jackson Construction,Inc.for the construction of sanitary sewer and roadway improvements Martin Luther King, along Love Henry Court. D. Amendments to the City Council Expense Policy. Jr. Holiday. Other items for discussion: A. Hotel Occupancy Tax Ordinance. Southlake Planning & Zoning Meeting Agenda On-Line January 20, 200 Update The following items will be addressed at the January 20,2000 Planning&Zoning Commission meeting. Consent Agenda: ZA 99-134,Final Plat for Kirkwood Hollow,Phase 11,north and adjacent to Kirkwood Hollow Phase I on the west side of North White Chapel Boulevard northwest of Sweet Street. SPIN#2. Regular Agenda: ZA 99-113, Revised Site Plan for Gateway Plaza Addition, 152PIOMPIN MEETING NOTICES ON-LINE Located on the north side of F.M. 1709 across from the intersection with Bank Street.SPIN#7. Southlake residents now have another way to ZA 99-131,Rezoning and Site Plan for Gateway Plaza Addition, be notified about upcoming SPIN meetings in Located on the north side of F.M. 1709 across from the their neighborhood. Southlake On-Line, the intersection with Bank Street. SPIN#7. City of Southlake's official Internet site, now ZA 951-124,Rezoning and Site Plan for Radiology Associates of allows visitors to sign-up for e-mail notices of Tarrant County, Located on the south side of F. M. 1709 and upcoming SPIN meetings. Visitors submit west of Byron Nelson Parkway. SPIN#9w. their name and e-mail address, and can sign-up ZA 99-127, Specific Use Permit for a Church at 2805 Market for any or all SPIN neighborhoods for which Loop, Suite 300, on the northeast comer of Market Loop and Exchange Boulevard.SPIN#7. they would like to receive meeting notices. ZA 99-128, Rezoning and Site Plan for Countryside Bible When a meeting is announced in a SPIN Church, Located on Countryside Court west of North White neighborhood, e-mail notices will be sent to Chapel Boulevard. SPIN#11. everyone signed-up for that neighborhood. In ZA 99-129, Plat Revision of, Ravenaux Village, Located on some cases, reminder notices will be sent Countryside Court west of North White Chapel Boulevard. immediately before the meeting. SPIN#11. ZA 99-137, Revised Site Plan for block 3, Southlake Town To sign-up for e-mail notices of SPIN Square, Located on the north side of Civic Place east of North meetings, visit Southlake On-Line at Carroll.Avenue. SPIN#8. Amendments to Subdivision Ordinance No.483,as amended, www.ci.southlake.tx.us and click on the SPIN proposing changes in Article 7,Park and Recreation Dedication button. Once there, click on the Meeting Requirements. Updates page. While you are at Southlake On- Line, be sure to sign-up for free e-mail updates Star Party on the Hill of some major city projects, including Town Hall construction and State Highway 114 oin Southlake Parks and Recreation reconstruction—a link is provided on the SPIN fo Meetings Update page. for a free "cosmic" event on the hill at Bicentennial Park on January 201h from 8p.m.-midnight (eclipse at 11 p.m.). Taste of Mexico Spend an evening exploring the craters and mountains of the moon, surveying the visible The Senior, -ActivityCenter z resumes its planets and wandering the galaxy backwards in armchair trauel luncheons on January 27, 2000 time to visit stars and other celestial delights. at noon. Sister Cities is , - There will be telescopes operated by North sponsoring tote tia; Mexico" giving to I&Arn more about-chance- Texas Skywatch, an interactive slide show, and participants a a question/answer session. S ou th I ake's own S ` i9tei`City,?,F1 Fuerte, Mexico. Reservations are required 'lease contact the All you need to bring is your curiosity! For Senior Activity, Center or more information at more information, please contact Southlake 481-2776. Parks and Recreation at 481-5581 extension 756. Visit the City of Southlake Online at: www.ci.southlake.tx.Us!Y City of Southlake Office of Economic Development • Kirkwood Road Closure - Fact Summary Friday,January 14 Mayor: Esteemed council members: Rick Stacy Mayor Pro Tem: Last night you were presented with a draft fact summary being prepared for media members and Gary Fawks other concerned parties related to the Kirkwood road closure and Sabre campus.A media briefing Deputy Mayor Pro Tem: was held today, and a final version of that packet was presented to media members present or Ronnie Kendall delivered to those unable to attend.Attending the briefing were the City Manager,myself and a spokesperson from Sabre. Media members at the briefing were Gordon Dickson of the Grapevine Councilmembers: Sun,Raymon Fullerton of the Grapevine Sun,and Gary Tomlin of the Trophy Club Buzzz, Wayne Moffat Rex Potter Attached is the final version of that fact summary. It also is being mailed to the Sabre re resenta- Debra Edmondson �'• g p Patsy DuPre tives and elected officials listed on the flier sent by Trophy Club to its residents.A complete list of recipients is shown on the cover sheet of the fact summary. City Manager: Billy Campbell If you have any questions,please contact me or the City Manager. Assistant City Manager: Ghana K.Yelverton Greg Last (41; Secretary: Sandra L.LeGrand 1725 East Southlake Blvd. * Southlake, Texas 76092 (817) 481-5581 * fax (817) 329-1747 http://www.ci.southlake.tx.us 1 } City of Southlake Office of Economic Development Kirkwood Road Closure - Fact Summary Friday,January 14 Mayor: Attached you will find the following information related to the closure of portions of Kirkwood Rick Stacy Boulevard and T.W. King Drive: Mayor Pro Tem: •Introduction/Overview Gary Fawks • Sabre's desire for a secure world headquarters campus Deputy Mayor Pro Tem: •Timeline of events(includes public meetings) Ronnie Kendall • Summary of staff meetings to pursue options • History of existing intersection and its funding Councilmembers: •A bit of related history(Trophy Club road connection agreement) Wayne Moffat • Corrections summary to Trophy Club mailout Rex Potter Debra Edmondson • Corrections summary to additional comments Patsy DuPre • Future intentions • Summary of contacts City Manager: •Available documents Billy Campbell Assistant City Manager: We regret the fact that effort is required to address the dispersion of incorrect information. It has Shana K.Yelverton been our desire,as demonstrated through past efforts,to work toward alternatives satisfactory to L'ity Secretary: the residents of Southlake and Trophy Club as well as Sabre,our newest corporate citizen. Sandra L. LeGrand If you have any questions on the material in this packet,please call one of the following people: Greg Last,Dir.of Economic Development City of Southlake (817)481-5581,ext.750 Billy Campbell,City Manager City of Southlake (817)481-5581,ext.701 Copies distributed to: Bill Hannigan,Sabre CEO Mike Lee,Fort Worth Star-Telegram Steve Simmons,TxDOT District Engineer Mike Norman,Fort Worth Star-Telegram Jane Nelson,State Senator Dave Lieber,Fort Worth Star-Telegram Mary Denny,State Representative Bryon Okada,Fort Worth Star-Telegram Glen Whitley,Tarrant County Commissioner Lee Graham,Dallas Morning News Jim Carter,Denton County Commissioner Raymond Fullerton,Grapevine Sun Marshall Engelbeck,Trophy Club Mayor Shawn Yorks,Colleyville News&Times Donna Welsh,Trophy Club Town Manager David Brown,Westlake First News Members of the Trophy Club Town Council Steve Paschal,Keller Citizen Zach Warner,Southlake Journal Shawn Moore,Southlake Times Keny Curry,Dallas Business Journal Steve Roth,The Business Press Gary Tomlin,Trophy Club Buzzz 1725 East Southlake Blvd. * Southlake, Texas 76092 (817) 481-5581 * fax (817) 329-1747 OVERVIEW SUMMARY Closure of Kirkwood Blvd and T.W. King Road City of Southlake January 14, 2000 The following bullets represent the main issues related to the closure of portions of Kirkwood Blvd. and T.W. King koad in the City of Southlake. ❑ SABRE'S BENEFITS: The financial benefits from the Sabre campus are seen as a benefit to not only Southlake but also the greater community at large. The Sabre campus will require a capital investment of more than $540 million over the next 10 years, which will include approximately $410 million for the construction of the buildings and $130 million in high-tech communications and other equipment. The economic impact of this project through the year 2009 is estimated at $14 billion, driven by all areas of purchasing, employment and operating functions. ❑ SABRE'S DESIRE FOR A SECURE CAMPUS: A closed secure campus was a fundamental criterion during their site evaluation phase and was a key factor in selecting Southlake. Their vision is for a college campus environment with open walkways and lots of pedestrian traffic between buildings. A closed secure campus provides safety and protection for their employees and addresses security issues related to their proprietary technology and information. ❑ EMERGENCY ACCESS: Emergency vehicle access is not a problem. The earliest discussions and written agreements by Sabre and Southlake committed to accommodating any emergency vehicle access through the site that may be required. ❑ INTERSECTION CONSTRUCTION: The design and construction of the intersection of Kirkwood and SH 114 was paid for by partnerships composed of IBM and Maguire Partners prior to the commencement of construction in 1987. This amount was approximately $4.726 million which did not include an additional approximate $1 million on private property. ❑ AVAILABLE OPTIONS: There are several available options which would provide the same level of access as currently enjoyed by Trophy Club citizens and in fact several would provide better access than the current configuration. ❑ These sections of roadway are entirely within the City of Southlake. Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 1 of 8 INTRODUCTION/OVERVIEW The City of Southlake was one of a fortunate few who were considered as a location for the consolidation of Sabre's world headquarters campus. The Sabre project fulfilled the long time desires of the community to establish a clean corporate business corridor along State Highway 114. The Sabre project included many positives that met or exceeded our expectations: a consolidated campus environment sensitive to the existing natural amenities, 100% structured parking allowing more natural surfaces and reducing the storm drainage run-off from the site, and a clean high-tech business hiring professionals. The financial benefits from the Sabre campus were seen as a benefit to not only Southlake but the greater community at large. The Sabre campus will require a capital investment of more than $540 million over the next 10 years, which will include approximately $410 million for the construction of the buildings and $130 million in high-tech communications and other equipment. The economic impact of this project through the year 2009 is estimated at $14 billion, driven by all areas of purchasing, employment and operating functions. During the negotiations many issues were discussed on both sides of the table. The desired closure of portions of our roadways was one of the most significant issues to accommodate. It is not without great deliberation that we felt the closure of these roadways was for the greater good of Southlake and all communities in the Sabre service area. The wording of the initial agreements evidenced our concern and intent to satisfactorily resolve the closure of the roads. Both Sabre and Southlake committed in writing to good faith efforts to establish satisfactory access for any impacted parties. SABRE'S DESIRE FOR A SECURE WORLD HEADQUARTERS CAMPUS FROM SABRE: A closed secured campus was a fundamental criterion in evaluating sites for a new campus. Southlake's agreement to close east Kirkwood and a portion of T.W. King was a key factor in our decision to select Southlake because it allowed us to create the unified campus that we required. The vision was for a college campus environment,which meant in essence a contiguous site with open walkways, and lots of pedestrian traffic flowing between the buildings. The existing Solana facility is an integral component to the new campus design and will have a lot of pedestrian traffic. To isolate the Solana building with a heavily trafficked road, essentially creating an island separate from the rest of the campus,is counter to the basic goals and intentions of our whole project. The closed secure campus allows us to provide adequate safety and protection for our employees and to address security issues related to our proprietary technology and information. By controlling the entry points we can make sure that the access is limited to the Sabre employees and invited guests. A public road through the campus would significantly hamper our ability to control that access. There is also the issue of safety hazard of the pedestrian traffic flowing to and from the Solana building. From the beginning Sabre has and remains committed to emergency vehicle access at all times. We pledge to work with the emergency agencies of Southlake and Trophy club to ensure a viable plan prior to closure of the road. Sabre has committed resources, specifically engineering support, to work with Southlake and Trophy Club to develop alternate solutions for providing trophy club residents with east bound access to SH 114. Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 2 of 8 t TIMELINE OF EVENTS (includes public meetings) Date Event June 6, 1995 City Council Meeting, Approval of interlocal agreement addressing Trophy Club request for roadway connection from Trophy Wood Drive to T.W. King. (PUBLIC MEETING) April 27, 1999 City Council Meeting, Approval of First reading of Ordinance No. 744, designating reinvestment zone number two (Sabre tract). (PUBLIC MEETING) May 4, 1999 City Council Meeting, Approval of Second reading of Ordinance No. 744, designating reinvestment zone number two (Sabre tract). (PUBLIC MEETING) May 4, 1999 City Council Meeting, Approval of Resolution No. 99-26, adopting a Tax Abatement Policy. (PUBLIC MEETING) May 4, 1999 City Council Meeting,Approval of Resolution No. 99-27, approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the city (aka the "380 Agreement"). This document included the only agreements (page 3, section 6a-6c) related to the intended closure of Kirkwood Blvd. and T.W. King Road(other than the PUD zoning). (PUBLIC MEETING) May 4, 1999 City Council Meeting, Approving terms of agreement and providing a tax abatement. (PUBLIC MEETING) June 17, 1999 Planning and Zoning Meeting, Ordinance No. 480-313 (case ZA 99-056, Rezoning and Concept Plan - Sabre Group Campus. Page 1, section 1-D addresses the intended closure of portions of Kirkwood and T.W. King. [A notice was sent to the Town of Trophy Club, as well signs noticing a public hearing were placed along the ROW of Kirkwood Blvd., T.W. King Road, and SH 114] (PUBLIC MEETING) June 22, 1999 City Council Meeting, First reading of Ordinance No. 480-313 (case ZA 99- 056,Rezoning and Concept Plan- Sabre Group Campus. (PUBLIC MEETING) July 20, 1999 City Council Meeting, Approval of Resolution No. 99-58, establishing and providing for tax abatement. (PUBLIC MEETING) July 20, 1999 City Council Meeting, Second reading of Ordinance No.480-313 (case ZA 99- 056,Rezoning and Concept Plan- Sabre Group Campus. (PUBLIC MEETING) October 7, 1999 Planning and Zoning Meeting, (Case ZA 99-080,Preliminary Plat of Lots 1-4, Block 1) (PUBLIC MEETING) October 19, 1999 City Council Meeting, (Case ZA 99-080, Preliminary Plat of Lots 1-4, Block 1) (PUBLIC MEETING) November 11, 1999 City Council Meeting, Sabre developer agreement. (PUBLIC MEETING) January 3, 2000 Distributed via E-mail the draft"Options Analysis" (prepared by Southlake) to Trophy Club city secretary / city manager, Gary Teague (TC engineer) and Sabre's team. January 5, 2000 Gave Trophy Club Mayor Engelbeck and TC Consulting engineer Tom Rutledge copies of the "Options Analysis" and associated graphic aerial. January 6, 2000 Planning and Zoning Meeting, (Case ZA 99-90,Development Plan,Lots 1-4, Block 1 and Case ZA 99-91, Site Plan, Lots 1-3,Block 1) (PUBLIC MEETING) Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 3 of 8 SUMMARY OF STAFF MEETINGS ,., Date Attendees/Topics June 16, 1999 Road Closure Issues: Discussed generally Sabre's need for secure campus. Dean noted that they intend to leave the roads open for approximately two years,until the certificate of occupancy for Phase 1. Discussed prior commitment to allow public safety vehicles access. (Notes available) Attendees: Donna Welsh,TC City Manager Greg Last,SL Director of Econ.Development Lou Oplpare,TC Fire Chief Dean Sanderson, Sabre VP Dan Boutwell,TC Consulting Planner August 5, 1999 Two-way frontage road and other alternatives: Discussed general issues related to road closures.Reviewed graphic exhibit of two-way frontage road alternative. (Notes available) Attendees: Cathy Morgas,TC Planning Director Greg Last, SL Director of Econ.Development Gary Teague,TC Consulting Engineer Dean Sanderson,Sabre VP Dan Boutwell,TC Consulting Planner Rod Zielke,Sabre Consulting Engineer Richard Kuhlman,MaguirePartners September 7, 1999 Design of Two-Way Frontage Road and Possible Options: Attendees: Gary Teague,TC Consulting Engineer Charlie Thomas,SL Director of Engineering Rod Zielke,Sabre Consulting Engineer October 28, 1999 Briefing with TxDOT Representative: Design of two-way frontage road presentation to TxDOT, TxDOT's future plans for SH 114 and cities' approach to TxDOT for approval of two-way frontage road. Attendees: Gary Teague,TC Consulting Engineer Charlie Thomas,SL Director of Engineering Rod Zielke,Sabre Consulting Engineer Mark Schluter,TxDOT Engineer December 13, 1999 Two-Wage road and Alternatives: Discussed two-way frontage option limitations, other possible connections. (Notes available) Attendees: Gary Teague,TC Consulting Engineer Greg Last,SL Director of Econ.Development Robert Jenkins,TC Traffic Consultant Allen Hager, Sabre Construction Manager January 11, 2000 Road Closure Alternatives: Discussed various alternatives to enhance access after closure of Kirkwood and T.W. King. Reviewed draft Options Analysis and Engineering Report. (Notes available) Attendees: Cathy Morgas,TC Planning Director Billy Campbell,SL City Manager Gary Teague,TC Consulting Engineer Greg Last, SL Director of Econ.Development Dean Sanderson,Sabre VP of Real Estate Karen Gandy,SL Zoning Administrator and Facility Operations Charlie Thomas,SL Director of Engineering Mike Baker,Sabre VP of Corp. Services Stefanie Wagoner, SL Econ.Dev. Specialist Rod Zielke,Sabre Consulting Engineer Richard Kuhlman,MaguirePartners Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 4 of 8 OPTIONS ANALYSIS It had always been our intent to anticipate TxDOT's question "what alternatives have you looked at?" and that was the purpose of preparing this analysis. The following three pages are a summary of options available to accommodate road access to Trophy Club as well as portions of Southlake. This includes a matrix of positive and negative aspects for each alternative and an exhibit (aerial map) that graphically depicts the locations of these alternatives. A brief description of these options follows. OPTION 1: (Road Closures w/no additional improvements)This option is shown just as a factual summary of the conditions that would exist upon the closure of portions of Kirkwood and T.W. King. It highlights which portions of roadway would be closed to through traffic, points out the accommodations for emergency vehicle access, and notes that"Old T.W. King" southbound would still have unrestricted access to SH 114 for westbound movements but would not have access via the frontage road eastbound to Kirkwood. OPTION 2: (Two-Way Frontage Road) This option would change approximately 650 feet of one- way westbound frontage road to a two-way segment. It lists many positives to this option and notes that this option would likely provide a quicker more direct access for residents of Trophy Club to access SH 114. Both Southlake and Sabre as noted in agreements of May 4, 1999 identified this option early as a potential solution. OPTION 3: (Extend Trophy Wood Drive) This option provides for the best access and enhanced commercial viability for Trophy Club of all the alternatives. Trophy Club has long intended for Trophy Wood to connect to the north frontage road of SH 114,this being their third point of access for the city. This option recognizes that desire and further recommends that they pursue a grade-separated crossing of SH 114 (probably below the main lanes)that would allow Trophy Club free unrestricted access to SH 114 in all directions. OPTION 4: (Connect Precinct Line Interchange to Indian Creek Blvd.)This option suggests taking advantage of the planned interchange for Precinct Line road and providing a connection from that intersection across commercially zoned property to intersect with Indian Creek Blvd. Positives include direct access for Trophy Club residents to SH 114 in both directions as well as Precinct Line Road to the south. Trophy Club has expressed that they have no desire to pursue this option. OPTION 5: (New Road Parallel to Frontage Road through Sabre Project) This option proposes a new road north of and parallel to the north frontage road of SH 114. This option has more negative aspects than positive aspects and would likely create unsafe traffic movements for all involved. Following 3 Pages: Matrix of Various Options and graphic depiction of these options. Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 5 of 8 o V >> b a� .4 b o d ao o ti � a�i � a. cv `� o a ca o v a a� Q y a �b Se x � G o ° 'd U A o w u 0 „ •Y o � on.� � •G��V1 a � " on^v a� �. 3 oU o c o n on o ap c�i :� ',. c w o � b v°i o� En � b 4 w 'A. 0 � y 0 v to•- w .°C — (w a ° y i7 ° ti cd O2 C � 2 ° �. U ° v d N ^C y y y ^d CL a��i 'b .08 w Vi y F". 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I d�.. .t.. _ -wn:a.. 7. :•a6.• :a SA .�:. ,• a• - .- •. _ _ i[/ice) ,��:.„ {.�1?�S 1W'v. 4 S•q�.e Mac � `� � i. - ..\IIP+w � �E.: Tile- TAW_ 00 � 7� V t � ; ��/ 1i1 • f,its, .j[ :&r. paF,; yt.' �'� �t"• C;-� .;y '.��i�..� 777� S, 3 W.,'6`: •` ..1� - );. �'� ` � � d! r4�rL I � try � .e• y��',��t � ' �.mot- t r � «`F..• ' F'q,�:1�� J •�4^jam.-- '` '�,�.�. r�• � -�+Y`.'*0' `}� 3 �%_-�� :.�: p��`+ � • ram."'; � � t 0.y.�! i•.� r 5-:�. � � ..;i y fir"`'- �.,t,g. � • �.' •A�/ �•_._h'�--�. _ t •* � r r,{� d'r"d;: J yw Y" a HISTORY OF EXISTING INTERSECTION/FUNDING Partnerships composed of IBM and Maguire Partners, as owners of Solana, designed and engineered the Kirkwood/ SH 114 interchange. During the third quarter of 1987, the two Solana owners sent a combined payment of$4,691,000 to pay for the construction of the intersection which was part and parcel of the deal they had with the state to pay for 100% of the construction costs. Included in the payment were funds for the construction of the frontage road from Kirkwood to the west, a project which was not completed for several years because of the Stop N Go lease in the strip center. A final reconciliation of the job costs increased their total payment to TxDOT by about$35,000 for a total of $4.726 million. This amount does not include an estimated $1 million additional integrated improvements to the intersection which were made outside of state ROW under separate contract. As a part of the agreement with the State,the Solana partners dedicated several acres of additional right of way, including land on which the strip shopping center existed, in order to complete the full intersection. It has also been the Solana ownership's responsibility to maintain the intersection, which they have done since its completion. Sabre and the remaining Solana owners will split the cost of interchange maintenance in the future. A BIT OF RELATED HISTORY(TROPHY CLUB ROAD CONNECTION AGREEMENT) In early 1995,Trophy Club officials approached Southlake asking to connect Trophy Wood Drive to T.W. King immediately north of Kirkwood Drive,thus creating an eastern entrance into the town. The Southlake City Council initially expressed concerns over increased traffic load on Kirkwood and T.W. King, starting a six-month negotiation process. On June 6, 1995, an interlocal agreement was presented to the Southlake City Council allowing the requested connection. Trophy Club Mayor Jim Carter,now a Denton County Commissioner, attended that meeting and spoke with the Southlake City Council. Stipulations of the agreement included: • Construction plans would be approved by Southlake engineers and work would be done according to Southlake standards. • Trophy Club would pay to overlay T.W.King with asphalt, from Trophy Wood Drive to Kirkwood Drive. • Trophy Club would pay to install a turn lane on T.W. King Road • Trophy Club would pay for a traffic signal at Trophy Wood and T.W. King if one were needed in the future. • Trophy Club would pay a share of a traffic signal at Kirkwood and SH 114 if one were needed in the future. • The extension of Trophy Wood Drive would be temporary,and would be replaced in the future with a road connecting to SH 114 that is indicated on the Town of Trophy Club Master Plan. • Furthermore,if plans for the permanent road were ever terminated, Trophy Club would come back to Southlake to review the interlocal agreement. The Southlake City Council approved the interlocal agreement on Aug. 1, 1995. It was forwarded to the Trophy Club Town Council on Aug. 8, 1995. To date, Trophy Club officials have not signed the agreement. Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 6 of 8 CORRECTIONS SUMMARY TO TROPHY CLUB MAILOUT The following page is a distribution entitled "Residents of Trophy Club" which was a recent distribution by the Town of Trophy Club directing residents to write letters based on information they were providing. Adjacent to selected paragraphs are numbers that correspond to the numbers below. The comment describes the inaccuracy of the information as noted. Ref Comment A As Stated: "A Southlake official told Mayor Engelbeck that T.W. King East and Kirwood will be closed within 12 months if their Planning and Zoning Commission and Town Council approve Sabre's plans to close these two roads. This will be detrimental to Trophy Club." Fact: As described in writing in the Zoning Ordinance, section 1-D, approved on July 20, 1999: "It is anticipated that a portion of existing Kirkwood Boulevard(from SH-114 to the boundary of the Property) and a portion of existing T.W. King Road(that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1)will both be abandoned and closed for public use after the first phase of the development is ready for occupancy (emphasis added)." It was also discussed that a certificate of occupancy for phase I was not anticipated until mid 2001. B As Stated: "Closure of these two roads will impact fire and emergency ambulance response to Sabre facilities in the area." Fact: As described in writing in the Zoning Ordinance, section 1-D, approved on July 20, 1999: "Notwithstanding the foregoing, however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" T.W. King Road. Such emergency access will be the same as required by the City's Fire Marshal." C As Stated: "The closure of this road to traffic traveling to Solana and east on SH 114 renders a large portion of the Kirkwood-SH 114 intersection unusable. This intersection was built with state and federal tax dollars (emphasis added)." Fact: The design and construction costs for this intersection were paid for by partnerships composed of IBM and Maguire Partners. Approximately in the P quarter of 1987, this partnership wrote a check to the Texas Department of Transportation for$4,726,000 ($4.726 million) to cover those costs. As well, additional ROW required to construct the intersection was donated by this partnership at no cost to the State of Texas. THE FOLLOWING INFORMATION WAS KNOWN TO TROPHY CLUB AND WAS NOT INCLUDED IN THE MAILOUT • Written agreements by Sabre and Southlake to maintain appropriate emergency access through the campus. • A description of several available options, several of which actually provide enhanced access for Trophy Club residents. • Recognition that many public meetings were held to discuss the Sabre project over the past 8 months. • Recognition that Sabre, Southlake and Trophy Club have had multiple meetings working in good faith towards a solution to access for Trophy Club. Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 7 of 8 BULK RATE To all Trophy Club Residents PERMIT p Y U.S. POSTAGE Town'of Trophy Club PAID 100 Municipal Drive Roanoke,TX Trophy Club, Texas 76262 Permit No. 120 RESIDENTS OF TROPHY CLUB ® A Southlake ofFcial told Mayor Engelbeck that T.W.Ring East and Kirkwood will be closed within 12 months if their planning and Zoning Commission and Town Council approve Sabre's plans to close these two roads. This will be detrimental to Trophy Club. MAKE YOUR POSITION KNOWN ON THIS DeORTANT ISSUE BY WRITING TO THE NEW CEO OF SABRE AND YOUR ELECTED OFFICIALS. To date,only six letters opposing the closure have been received by Southlake. You can e-mail your comments to Southlake at slegrand(Acityofsouthlake.com or fax(817)329-5810. Denton County Commissioner Tint Carter has also received six letters. He is going to place this subject on the Denton County Agenda in order to obtain a resolution by the County Commissioners opposing the closure. SUGGEST YOU WRITE TO SABRE AND APPEAL FOR THEM TO DO THE RIGHT THING AS CORPORATE hM%dBE1tS OF THE COheAUNITY. Snggestetd points to include in your cowespoadenc a are: • T.W.King East and Kirkwood connects the East Fatt ee to Trophy Club. It is one of only three entrances to Trophy Club. ® e Clone of these two roads will impact Sine and emergency ambulance response to Sabre facilities in the area. That two roads are used by Trophy Cl ub's ambulance to transport residents living on the ea"d e to Brybr Hospital in Grapevine. It is also the emergency evacuation route for our residents. Daring race days at the Texas Motor Speedway this road is used by a large number of residents who wish to depart or enter Trophy Chub. e The East Entrance is regularly used by approximately half the Town population in their day-today travel to and from Trophy Club. A traffic count taken on Jtnte 15,1999 recorded 5,326 vehicles using T.W.King. Eighty percent vice entering and exiting Trophy Club. OC • The closura of this read to traffic traveling to Solana and east on S.H. 114 renders a large portion of the Kirkwood-S.H.114 intaaection unusable Tbis intersection was built with state and federal tax dollars. • The North Texas region is being criticised for air pollution and federal funding of road projects can be vvithhdd. The altanative the residents will be forced to use because of the closure of T.W.King and K twood Drives will add 2.1 miles t4 each trip to Solana or Grapevine. Based upon the vehicle atiliakion rate cited above,this mean:in a year's time,an additional 74,550 gallons of gasoline will be consumed because of Sabre's desire to close these two roads. • In your letter to Sable ask if this is the land of neighbor they wish to be? ADDRESSES: Mr.Willism L Hannigan,CEO-Sabre Cwporation:4255 Anon Carte Boulevard,Fort Worth,TX 76155 TxDot District Eng;ineen;Steve Sinsmoru,Fort Worth District, P.O.Box 6868,Fort Worth,TX 76115-0868 817/370-6500 State Senator Jane Nelson,(District 9);900 Parker Square,Suite 20D, Flower Mound,TX 75028 Phone(972) 724-W ;FAX(972)724-0757 State Representative Mary Demry,(District 63) 1914 North Carroll Blvd,Denton,TX 76201 Phone(940)565- 0083;FAX(940) 382.062. Con nisskma Jim Carter,(Precinct 4).Court Haase on the Square,110 West Hickory, Denton,TX 76201 Phone (940)565-8696;e-rnsr7-JarterQoo-dentontx.w Comm issioner Glen B.Whitley,(Pmcisxt 31 645 Grapevine Highway,No.6,Hurst,TX 76054 Phone(817)581. 3600;FAX(817)581-3603 Souddake Town Cound 1 mess the first sad third Tuesday of each month. Rick Stacy-Maya;Gary Fawks-Mayor Pro Tea; Other members of the Town Council include Ronnie Kendell, Wayne Monet,Debra Edaronson,Patsy Dupre,and Rex Pottier. Their mailing address is: 667 North Carroll Avenue,Southlake,TX 76092 FAX(817)329-1747 CORRECTIONS TO OTHER STATEMENTS We have received calls or been aware of the following additional statement that has been made regarding this issue. It is important to note that this may or may not have been made by Trophy Club, but likely a citizen of Trophy Club. D As Stated: To residents of Southlake along Bob Jones road: "Southlake intends to close T.W. King entirely and you will not be able to access SH 114 west to take your children to school in Trophy Club." Fact: As described in writing in the Zoning ordinance, section 1-D: "Public use of"old" T.W. King west of Tract 2 will continue." This will provide for complete access to westbound SH 114 from all portions of T.W. King Road. FUTURE INTENTIONS 1. WORK COOPERATIVELY TOWARDS SOLUTION: It is still our intent to work cooperatively with Trophy Club, Sabre and Maguire Partners to develop a recommendation to provide for satisfactory access to all parties. This has not changed since our commitment in writing on May 0, 1999. 2. PROCEED WITH ABANDONMENT: It had been our intention to work cooperatively with interested parties to develop a recommendation and seek approval for an alternative means of access before proceeding with the abandonment of the rights-of-way (ROW)by ordinance. It is now our intention to proceed with the ordinance abandoning the ROW effective at a future date as originally discussed and agreed to by Southlake and Sabre. SUMMARY OF CONTACTS Name Title Organization Phone Fax E-mail Rick Stacy Mayor City of Southlake 817 481-1564 none Billy Campbell City Manager City of Southlake 817 481-5581,ext.702 Bcampbell(a),cityofsouthlake.com Greg Last Director of Econ.Dev. City of Southlake 817 481-5581,ext.750 817 251-9051 Glast ci.southlake.tx.us Theda Whitehead 1 Dir.Corp.Media Relat. Sabre 817 967-1859 817 967-6300 theda.whitehead@sabre.com Dean Sanderson I VP of RE and Fac.Op. Sabre 817 963-1118 817 967-4914 Dean.sanderson@sabre.com AVAILABLE DOCUMENTS The following documents are available from Southlake City Hall should you desire full copies. Contact Sandra LeGrand, City Secretary at(817)481-5581, ext. 704. • 1995 Road Connection Agreement • Ordinance No. 744 (Designating reinvestment zone number two - Sabre tract) • Resolution No. 99-26 (Adopting a tax abatement policy) • Resolution No. 99-27 (380 Agreement, Terms and conditions of a program to promote economic development) • Resolution No. 99-58 (Establishing and providing for tax abatement) • Ordinance No. 480-313 (Case ZA 99-056, Rezoning and concept plan for the Sabre Campus) • STAFF MEETING NOTES (June 16, 1999,August 5, 1999, December 13, 1999,January 11,2000) Kirkwood Road Closure-Fact Summary 01/14/00 11:42 AM Page 8 of 8 -��- --- ----- - --- -- -- vity" of --cut laka, TO;;aS(W'i — - -------- ---- i MEMORANDUM January 7. 2000 Te: Billy Campbell, City :Manager j i From: Charlie Thomas, City Engineer i Subje::t: 611 and 591 South Whites Chapel Boulevard —Abandonment of Utility Easements Action Requested: Approve Resolution 00-10 which abandons and quit claims two utility easements on property located at 611 and 591 South Whites Chapel Boulevard. I Background Information: Two utility easements were granted to the City of Southlake for j the sole purpose of constructing and operating a water line over I and across the property located at 611 and 591 South Whites Chapel Boulevard on November 2, 1965 and April 5, 1966. A I three-inch water line was installed but subsequently has been abandoned. The City of Southlake has no more use for these two easements. For the property owner to be able to construct a new single family residence on this property, the easements must be removed. The City Council must abandon the easements by resolution for the easements to be abandoned. Resolution 00-10 and a quit claim deed have been prepared for this purpose. Financial Considerations: None. Citizen Input/ Board Review: None. j Legal Review: Resolution approval as to form by City Attorney. I Alternatives: Approve it or deny it. I 5B-1 i i c Supporting Documents: Resolution Quiz Claim Deod Staff Recommendation: Please place on City Council Agenda for January 18, 2000 for Council consideration and approval. i Charlie J. omas City Engineer 5B-2 RESOLUTION NO. 00-10 A. RESOLUTION VACATING AND ABANDONING UTILITY EASEh'[ENT ON PROPERTY DESCRIBED AS 59 i AND 611 S. WHI i E CHAPEL BLVD., IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE t''IT Y OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting udder its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, utility easements have been previously dedicated to the City of Southlake by the owner of 591 and 611 S. White Chapel Blvd. in the City of Southlake, Tarrant County, Texas. WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the utility easements located on property described as 591 and 611 S. White Chapel Blvd. (the "Utility Easements") are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Said Utility Easement is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "A" documents the approval of these abandon vents by the utility companies. (low -1- 5B-3 VVBEREAS, in order to remove any question as to tl:e continued interest or ownership of the public in said Utility Easement, the 'City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easements to the owner of owners of property described as 591 and 611 S. White Chapel Blvd. -2- 5B-4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SEC CON i The Utility Easements, as described herein, a e not being used by, nor u3eful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly the above described construction easement, located on property described as 591 and 611 S. White Chapel Blvd. to the City of Southlake, Tarrant County, Texas, are hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of property described as 591 and 611 S. White Chapel. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement on the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. -3- 5B-5 SECTION 3 1-.is resclution shall be in fuli force and effect front and after its passage as provided 'oy law. PASSED AND APPROVED ON L HIS , DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: -4- 5B-6 QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL vIEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain utility easement located on property known as 591 and 611 S. White Chapel Blvd., hereinafter specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, including the agreement by grantee to accept all responsibility for the existence of the 3" water line, which is specifically being conveyed to grantee in the quitclaim deed, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: the property owners of At 591 and 611 S. White Chapel Blvd. and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Description TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid construction easement premises or appurtenances or any part thereof. Executed this the day of , 2000. CITY OF SOUTHLAKE 5B-7 By. RICK STACY, Mayor STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared RICK STACY, Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2". Notary Public in and for the State of Texas My commission expires: Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantee: 5B-8 EXHIBIT "A" Legal Description of Proper�t Being all that certain 5.715 acre tract of land located in the Ll. Granberry Survey, Abstract No. 581, Tarrant County. Texas and being the sar*:: land described as 4.5 acres of land in Deed to James Branton, et at, recorded in Volume 10443, Page 1986, Deed Records, Tarrant County, Texas and that certain 1.12 acre tract of land described in Deed to J.R. Branton, et all, recorded in Volume 10574, Page 2137, Deed Records, Tarrant County, Texas. Said 5.715 acre tract of land being more particularly described as follows. BEGINNING at a found 5/8 inch iron rod in the East right-of way line of White Chapel Blvd., at the Northwest corner of Lot 3, Block A, White Chapel Place, an addition to the City of Southlake recorded in Volume 388-150, Page 37 Plat Records, Tarrant County, Texas and being the Southwest corner of this tract of land. - THENCE North 00 deg 00 min 00 sec West, along the said right-of-way line, at 190.65 feet pass the Southwest corner of said 1.12 acre tract, continuing on in all a total distance of 279.99 feet to a set '/2 inch iron rod at the beginning of a curve to the right having a radius of 664.25 feet, a delta of 09 deg 50 min 08 sec. THENCE along said curve and said right-of-way line, an arc distance of 114.03 feet to a found '/z inch iron rod at the Southwest corner of Lot 1 of H Granberry No. 581 Addition to the City of Southlake, recorded in Cabinet A, Page 645, Plat Records, Tarrant County, Texas and for the Northwest corner of this tract of land. THENCE North 88 deg 38 min 37 sec East, along the South line of said Lot sl, a distance of 624.89 feet to a found '/Z inch iron in the West line of Lot 1 of said White Chapel Place and for the Northeast corner of this tract of land. THENCE South 00 deg 00 min 00 sec East, along the West line of Lots 1&2, a distance of 392.62 feet to a found %2 inch iron rod in the North line of said Lot 3 and for the Southeast corner of this tract of land; THENCE South 88 deg 35 min 20 sec West, along the North line of said Lot 3, a distance of 634.67 feet to the PLACE OF BEGINNING, containing 248,931.94 square feet or 5.715 acres of land. 370354_1.DOC 5B-9 EXHIBIT "A" Being a strip of land across the tract referred to aDove. ten (10) feet in width, with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed, the easement herein granted shall be limited to a strip of land Um (1 J1 feet in width, Nvith the ce_.ter line thereof being the pipe lin-, as insiaL'ed. 5B-10 ,• .. :'}^. _•,. ;J�>>,. ,a��l• ;.1 ,' ,1:`.-.•'IG5i�`I�,/•"•'•^�T ;��1 , � ``,• ', _�1'�••� /jrJ+ ,'• l�•`��,','~'•M K• -% '~��`'w��.'t.a��•�� r•'••� '1' •'L.'•,\N 'T ••4• ;.,y�:Y��.`jw' /� •.3„ 'rrd'ri.�.'ri�lEj`•., _ � ��Mtiv'AYrt1'1E� asi?i�r�:;:,.: _ - •�: IYL_ . �, '�rVr.�.' 'rY`O��j.`, n7:•'•.i.�•'`r ,..-.'l,vv�...,. �-1'�.:J:'+;.�Y,�.i:�^�=',,.•'.,,•f - .,: ••`' � 1 }: ' '�a!lMt:, `''��•�'S••�v; r..= �:t...t..-L�.�,i�•.,��y. .s 'ti•::ter:":r:�. . `- `.,•. .�.. ;� 2. �r�.M:lB■lirt••cttA"ii�.�'ir�S`'•�^'' "::• •t• .j..''=�•. ^,-•.- ~M '^"'.1 .�i;�r'J , ,. . .,.,.._,.,.a,,�-,;t�.•;-.�.a,,.••:•,•�7,i;'�,;.;:��••F��.u;»-�-::ram....;_,y' ,.�� 'a �5, ,%r�:'.•�:��e.�,�•' _- :h•^.,��,1`•ti-,,'.,y.�J:- ,^+`. ,,," ••11ahL'•EOnDds•- _ '', .`•`, ,of 1�,`G�aotf iE=`i;,."r�?.++r"'r- 5uie o[Tei>ti;he+r.:Watts:�r,ntted",Gheldr„fai_i:6oudr'+nd\- bk',� �4;••, ' •'�'::C":.1v1�::,�ir,:L::,''F,d�,::': '�e•1��:.;_�•+�:..Y ".'":,".•:1�'�i=:r,.'.••s:'''•f:ke• " _ e1pt�,ti.diil�e{auystwftdrtrderebl'ickidulidE�d:,dae�llacb;�rit;ri`n�:C� �tr- �d i.r, �,: -'• Via., "tint : PF17. r. t Y` %a71et1lent••inllriplli-0i.r■1[e[.1■■ee pa►pnie�eEemttettetl■6. i ,Ceipenlio li ant7ter linE ora'find ia�is Or'in:er's,ltliA:m,..�� ' ;■pvatilt�!.a aiuipldintat iiasm�pipe� y-•r'' rpm. ztebeC=Sr.: i ^ -Jl1'. �4 :t�eYRarlt :•.YT 2• Yeiir' , I Cie ', •Y1.F ,.I,1:-:•••;1•• :y ,:,•,�{�.: ,:.:,,'.�.,,. ,: .'l`: ; .-,'�'1'fit:N•tiY:�iZS_P"i•i.l,.,��n ..y �i�p•` e4.r."•.' It C11121eSi'!Y ts6otded ii,:Yolurries' ti•,:of Rid Coltagi.nd'[a6t!wu7s L.�, .•- tq.,r v ,'a,• ;\�,. :''r�-:+r am:'�`= sr' y1,i•::,,1.,. .'•.• \•+ •��ti't.'.',� �: 'LI Gr■ntee move ;alp o!Itndtecseae ehe':erua relerrid;to'■bere;,ien(1G'feet'i■:.idth�:!idd. :- t d. n,cont d 11i:t.1.6ee'i6erpipeli"e:ii,y !•: io,deiiioua,:'die cmrie�of,ehe e■,emeni heir a T+iz r .: • '� •: '��' .• -1 feet•Awidth;'iiuh'tte,ceteer�wel C ;+:' 'fut■lled',''the;eiie:tat liete►n'snesed�.b■ll be.li.iie�eo'i%ta�P�ef:l■ad,ttll( )L r �.• , • ; b , .l'r\ '•CI:•i..•t i:I�,�,.�, +,• .w7:�,...:r7l,.,y:,i ''i' • tAeteof' eiK:itK pip{ie•`line.i■i;leatillyd ' '... rw`„,, ;. r • r.; :1' "--�,:'.•:, whd dle'ridtc;o[�Iitleti'find`R+�+;e.er.�ritiNer'i•i1d{atent.lal,�fu�cr 6em , f, Ide.pvpei■�E:.i:;. aatsrliel Mpro�inG rewt■truetinp'■P■irill�.ill pau"6..Blai-to N; A w kw:6 t �find apputtmteeet: F i S+Ithl to ed■ole„taW line,Ea tAe ume,dtlt•e poa�eu to■Iyr edit ro.di iE amev wide"ed is theinane;the*ii 'a P '4 ��aa..rtt'66EEee•int4teratee,.rl+4 the' rtion o[wd I:Ie and io rento+a pantie luard tlulcee;i1a',iu a'prcYene dle omevllai.n.^ `t'a lot a'dlweee e<ilttatltlt wdeh of the hKOWN■e 7ah tide o We%anu:l cater of w µ+a water line tr taW.oEae71+■dd:• UM 'ef OtArr yttiena'■M& IR&ger.er.inudeim'im fhe ■fGt�tnr7�Y�esy'■f;eahreniet,eptrMb■n,OE.r■ld.�J ' r 1ep' ttntesurn 6r'adter ob■ttsttsien„are eert■ ucid bl,Gnbtow,y� a tudtianeiy' .. w.ar rt�■mA W apputrm�t. IE tw]t b ,a ttme;bat!rt7t■ e.d thb':: tritAOYt wrlsnn-aeuendof Aimabay eMn d1e Ax—i■tinu;rM11 haro•_thC Hots ptee,� •' i■i■n■eE db un irate tht 1■Id(ot,tha bmrft of ~.r t nt'thall Wnttbute t$otienant',r ;, j t (t®tlttl`tsfetlter:wblt_other.p� „ t •,•,• �; . + .i w''':r,+'., t_y7+.�•::•': AMotubeslla ntorarrart,and,"CAL _ i� c.:•,;.: •'� :''►". 4:;:., �. �' . �... 'rti� ti Tk rw{tp terisred to Gralltof'q werthe!find o ei;whieA'■':iBhte[a.ry:or'N+cmeat,fit:bacie.dranted EY?�r :ira■lwaE■ad dnsl■ F�ePe'�`pro�ldtd■■c1 the steal!not include the trowiny oE.treer dw26n or•an7 etb .Jte rbied PIliht�,:. inxr(ere veldt J+e eaerc by'fAe A.tebtlen d;the ritAa'Aereb�'Er!nted.:The coad&hd.e w1ad 6r 1e,Jslltamtiak p•7•.• rncat fie full far ill&.1i ja'aatpingd,by Cantor reawn e[the i"Sulladon of the,ttbrtetp.rtle"' jq:)%eio:find t�GA4�::' [[ ne n mionablt.;I , iN tr+t+h tnc a {, it■nd e[lieieney`to,th■t, 4 ,:� Will n,�w�•etoh'nternrnr:�n a n■te a 4p{,d repo _ y, •• ,+.,3 ::.•: •,,t, 1 ' Gnntora.p �;.: • ' -; _:, •..i? :j;� 7.••;:•: r.,i,:}y:r'„ ^'•• " "::�►= } :?•,_,j ' �f1• . i ;• :' :,,�. •;-. ...Ci;t' '17!"�tia�11 Wt�r'�-�, }EI1VE'A riDed ND;fO HGLb the■tie deK pictltent'■ndrr1�11tr'unes,tlle . „:•ti:, ' SurIt ien;ht t■rctr■on■nd arritns:fete■er. ?:,: ,•s:.'i�l:'• 1';.,r''• R`:� + ti' A■8 Gr■nWt,doa htreby bind hirtlstlf,h'u lairs'■nd iet;i repitrenadrel;to:Wim+iC■nd For.+er lktmd ell i■d wiSilfar•:', tbe'ahovt&irribed t■ sad r9lhts go"the JAWAnaiatien„iu•iviceewrt ■ild relnntr ' . . ywfa4l7•d.ilelnt oT to tl■im Ibe�t■me of 2117 pert thereof•• ":i;:;..,.:;•T�.�;�%�:%t^ ` -. ,� :_:•r ,' .. .-. .• :.fig-''�:Zi�,�'•� '; �1 \ 1 1FA CFIiS{. :,•: . 1 da7'oE: r Aveaber?, i;.` ti5,. .• . Q �• 'i�A j'.•:i�{`;i%� � taa�t' :'' t_.� ~',: �.��' iE'�:�;`.'1 ��r /' -'(r:�'•j„';;�`/•:;+,!• + f :h i'',,15:i ' •��''f,'l.•� ,� {,•a•�� .may,. �• a„ �•J-;�r �4L�� • •('• :'!:. :' •f' ,,.:..Wit_?� ;•�••�;:,:;1!- .:f�.,N'?F•i.�'.:•^'X.*iF'7G?'.'�.'��"T4' "'Till 6i'A7i OP LI/IS ', �� t:' h ;;�•'ti.?tS ^'.'e'•�:•C;� ;r -'if"' _a:� ;... •.t � .,•. .•-•Ire'• ` : .:. ,•; _'�•� .•,•,:: ,.:-,..�::. ,;; . ilefrt oy she ft1"dor!{ond aue6adry;r thlt d■y Ptrrmallr aPP�Fd'`•! !r.(w;SIC -•r i•'t f,� e :�':+•m thtiltiejel t ltoltevltetth pd' ikti, , :Iti./'t►1ly bbili ltttawn ie:tai o., hrrieie fi Mi rm,td■t hi .te eo6tie tea'iel " i s < . ,:.t; nyite+�•%lltddteEd.t•:ti -�' {�1.rr•�:�5'-�;•.S"'•1:,;;,;,.,nifd■faait�� 1• �,�. , < baring,bata aarlr{hl-11 M.prh*,*.a■id np■rt,lran,�hu�iod,,iiad 6a int.the;aim�tl7 ose ft d�!En'ed li'>ser:fiber � ':i;;rld�;J t.r.E�j,`,:�'�� ';jt:�° = 'y;:st.:'• teknvi►iedtedw`ehieunintenfeo;Eie=(Irr,t4aed�aed,tt>;dad' '�.�� li+I �f�t`J�"p1 :tde ttwe Eor}ide-pugwn+�"d, + tan therein eapeere�itsd thn;ade did■et wli q tcaat4 k�: {' :`:'1'�7'`+,•.r.�-�:+'�'�„ri. �;r-�'•C.:,:.Qo_::....4 era ..P.• ,r y'%,••.^ 1'` •l�v,-(. ''r_•r a _�.: /ram,(+� „•�., i. r t• a(det'Mi y e[.r /T'..rT^•?_1 _ A.U:I9Y/ {,'^:: i �1,•,...,5%•.' ' `',�: •.�',�,' {�,'�-_l� Y, �..: �� .7 . i/.-ro ,r.,i•'J ,. t�,�.tp•�"' '.•t .w r!`,;_,.,• ��1.�i t ,i•�•'ti !��.lS ',e~' a � •� +"�:'y%ice:��r•r:��'"{,'.,w=�3 w ' �•r•�•�1�;!'L•T'as .i'•,�7't.�.'.•i,.t`•••,1•' ,.?',�.i�`ri`tS,';'••'�� •yj!!Naeail/.Atblk ht and .CJtiaq�7e#a■.erfi= «a� '4''•'�•�. �, '�,w v .�y j'tX _Y'i.'fLi eo 'd 'ON XU 31111 NIYIIIVd Wd L920 Ind 6661-£0-d3S b � i J O I ' r Q Q 4 x v S 1= S I I U IC fll 3� Z I I nl I I 'L t I ' I' I Q a��"11 aZ t i SZ 9sfl:2 J K'QL2 g ➢ gla !S� �&� y�F a gK .i g m gM1„ all I - !g oS '^ QAva 13d`Vl17 3LlMM �-t1.Nip� it- 9 f ¢� dsn Si m` gg„ a $ a 3 $ a s � 8 IV 391 sg ' sls s s sw 3 a SIT � q ill UU�� UU B 12 ~ Z xg ifi ¢� 2$ 12ryg Wn„ (rr EXHIBIT "A" Legal Description of Properri Being all that certain 5.71- acre tract of Land located in the H. Granberry Sarv,y, Abstract No. 581, Tarrant County, Texas and being the same land described as 4.5 acres of land in Deed to James Branton, et at, recorded in Volume 10443, Page 1986, Died Records; Tarrant County, Texas and that certain 1.12 acre tract of land described in Deed to J.R. Branton, et al, recorded ir. Volume 10574, Page 2137, Deed Records, Tarrant County, Texas. Said 5.715 acre tract of land being more particularly described as follows. BEGINNING at a found 5/8 inch iron rod in the East right-of-way line of White Chapel Blvd., at the Northwest corner of Lot 3, Block A, White Chapel Place,an addition to the City of Southlake recorded in Volume 388-150, Page 37 Plat Records, Tarrant County, Texas and being the Southwest comer of this tract of land. THENCE North 00 deg 00 min 00 sec West, along the said right-of-way line, at 190.65 feet pass the Southwest corner of said 1.12 acre tract, continuing on in all a total distance of 279.99 feet to a set % inch iron rod at the beginning of a curve to the right having a radius of 664.25 feet, a delta of 09 deg 50 min 08 sec. (W THENCE along said curve and said right-of-way line, an arc distance of 114.03 feet to a found '/2 inch iron rod at the Southwest corner of Lot 1 of H Granberry No. 581 Addition to the City of Southlake, recorded in Cabinet A, Page 645, Plat Records, Tarrant County, Texas and for the Northwest corner of this tract of land. THENCE North 88 deg 38 min 37 sec East, along the South line of said Lot sl, a distance of 624.89 feet to a found '/z inch iron in the West line of Lot 1 of said White Chapel Place and for the Northeast corner of this tract of land. THENCE South 00 deg 00 min 00 sec East, along the West line of Lots 1&2, a distance of 392.62 feet to a found %2 inch iron rod in the North line of said Lot 3 and for the Southeast comer of this tract of land; THENCE South 88 deg 35 min 20 sec West, along the North line of said Lot 3, a distance of 634.67 feet to the PLACE OF BEGINNING, containing 248,931.94 square feet or 5.715 acres of land. 5B-13 370354_I.DOC EXHIBIT "A" Being a strip of land across the tract referred to above, ten (10) feet in width, with the :Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed, the easement nerein granted shall be limited to a strip of land ten (:0) feet in width, with the center line thereof bcing the pipe litre as installed. 5B-14 t°i'f 2 i,<:;�rtr"• y "r2i:':7.7�r;� :.,..`�A• ra.�•rr• ♦ :j �� .�ti t ✓''. Prbr 4, 1 r +yii+JJ Y '4 t 'r h.,t T.�'•dr•+ ;:1•� / r:i -"�r'�='•• , .v ..'+..��iwii5.', .a��.:�=,+,�•.'1'.t mod;':�:%:LIJ"'�,r��^� � �. '��•1�� '' ••_y�;•'��`• ' ',•,•, .• 9 ;•, •. —:.1 r fir'• ' •„ •�;-• 'r'�' •I ow 'J�'.�•,l+,%:' '•'•><'1; 'jr > .:YS �• - •.:i'; "'�:•.�7y,,:;'`"..;�¢ -`,,'''v�l,� 1.,:�';�Zti.i:•a:i' �yZ,�y�_:�:`�'e. _ ,_ • T�tdY'SCA'i'�,'6P�'tmti�t' '',' �. •,;.:•, F.'3'�':'e��='•.i:'... , ... . I '~'''��/�/��/fir ♦ .?_'�•' 't' 1(�1N,Aua'�-��'� S;ri:M:,��... :.�Y♦• ta.�•.....�^ y WVn�1 K".:5�/!��.. '.\1'. ,•. r� V.✓ r�1.,��• :��. ;`,1•:•,.:•i: `'i..�� 1 �,�, .'�' .. - 1 �+e.'.;Qe"'t'[aile• !ayT,nd.fe • t i .4 tW Cotky pL •r "/f rleff.•battaeihetjMod ,• � Aa. WM ••• ., '•S tbtYtlerlpe wsulGesnef city'f--Joutblike. lira aE whit!i ha*&AAMlndged,'dea Lse�i�nae.: :.' Swr"' I'm ltaeslalpfi tallaa.rAaodMiru�• ••ter_t et11Wlat dad--1•eE4ray tx'.thePmre!rF. ; !,talofien tied a 'i wale aim live via ?' Ahe,ciN4 °5<ll' i�«_ �ajratft- �•+•,1� T.r a{::r. 1 _•:� 'i:v .•. .. -�r ,1' rw ' _•, '"�`Ii CafAr�O palaOfrad�,' ..i;•`��,(. ., i.• Y .f t' i.^ :.;� `�j 'Li: •^TN{7.. n �rbOit 'nT LatY�� _ i' 'i.is %;r:'� t:;.-'�- •�r;• •_ •ti_ :j;:.`��al,d::�..r...,,rl,:,�;Y'•,��. •.,4ti w,; r:�`,"t,• :� ,;ti:��ti •) .'; .dwa r }r• - -19—.;ied' r. " t•"'e•i107L rill llitidt-- mot✓', 'tbe D '. .': relsidcdr�Ytd�a+ .r �!t f�1d.(blmq aai'Mttea�ein�' i.�nuea4 1.,. :k i.r �`_: �,.":.'. ,'.`:.;,;!:• '•,.r.:'•I T' t - lied'ieror ftt<tilm lelftfMJd'm a6ac� ,.a• IO' 7 i—:jug��.1 .r V..• :� - , �-'tait h' n ee'herciri•}iciir�_ ie;aTiy'zutho?l zci�-to;ace gria e; =. '�'- .''' - %(! lh+: cljukst ,bF'the einemctlY.' tie �ii� ,cori�}ea+�d;'�,pzcepi ;th�ti:w2teri:t i ripe liac. - '.i�:;iti^t7�,le•t�;':'itt:cr,ae2oent% tcreirt is •�: " ' •' r-•� :'';. '%,•.�' .� a.. ?i rLtect;�ah311 1)t:`iicit�c,�t;o'.�::st,i•� a.r „•�: %�,� '-•:_� 'r• )ae 'tc{i';(tp� :eCL: i wiva'h `wit2t'thc'd�utielw- n e Pr`�+ �?;; r•..r, « i a tb reoP 7±citi7 kbq::p pe' ,-i.,,:' _ '. e[.i'•�Yelttbiie'' �t1e'fil6i 6fies aed'fltiv ever Cnawaat wrens Gladctu er 6r�'a+d ri�IC�[�irt�iit,the ptryaie'iE. .:.'`: �;� ,tabus-ie`?teprv.irl�,:letw.ntictW&fepifie j, 'fed fmaeeie!'Mid wiry lim wed epptretrnoer;'1he' I , tngbt to pt Mld Lae re the tame tctatret poet' is asj real,it tome it wWtrwd le,die homer die f w oa pt5treae i •a,..� ;! dietrrltYettetr frith tbt ioa W wd line end M eentortt t ktilyd t>Mifoe[the fight n pexee ales of one h+f tk'.F1th of zea/er m oa cwh Ak eE actual er.m a[Whom aid powt.liK it 1r�d,a4 adf,htrd l c:+f: �i: . :• i%` 1 VL a1171t�70ft7 01 Olbff eblftMefiols t�hlrL airr t{allarlgir ar iNeelere,.idt:the tffKl[II'e��,'`ati"e'ry�,reilr'Ixaemle+l.�'�e��e: mid rate Ilnt turd ifH appwteauiaeti 11 wrh bwMia�,gnteeuiee ar a li i W614trcdom the caupwW k Gfatnner,Areb t,filatdlladr',r I ,tlalfbeel Mripliri tantns et the AAtxLlloer t►ca Ulf AnecWo s6Q hm;tk fight to tmteee fame tom rozh,fie,asd fhb z;• ' - , Agnemeet,tol ctWIlrith otltr prv*ioni of tbh gm ediAll aaakleete a LaKmot raaaitcg-"d.Led-tnt',tbe 6s k d tL'e`.'' , Atlbrirtpn,its Iucation,ard L Caw Asa thu the eoorte a<Aaid G a e(af 4 A_ t yf. 1 ihe'ie dtiti'lbe'd;h baftd Yp:t�_�::.; • •'� .,t••• r- 1'► Mry �7 a.ldp"r wltkraee�!thAt rfid Afrociuioa 1�edceate+tail lime in ate"tee jawd dbeciaw$21we of of-7•:. 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':�;.i.:e�++ �' F':•o' `"�;`• :� ..-;>i:° ':i. -':�� .;r. .- 1 • i 50 'd 'ON WE 311I1 NIYIIIVM Wd 00:£0 IN.1 6661-£0-dIS cA41irt r Y J v W c 0. 4 In SS Ati 77 C3 A-1 4M H x1i 0-;a t V-D 4 'i VIF k es o lash �� ;�� i�� 9 TN ail ij.411 is I ,if im 'It 1 11 % 513-17 2.8 . r y M1 I;I 1�-0 1 4111 j City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 716 SUBJECT: Resolution No. 00-05, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000. Action Requested: Approval of Resolution No. 00-05 as initial step to issue certificates of obligation for capital improvement projects. Background Information: Once this Resolution is approved, the City may issue less than that amount, but cannot exceed it. The Resolution authorizes the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates are issued and approved by the adoption of an ordinance, with 1' and 2nd readings scheduled for February 15 and March 7d', respectively. The City would receive funding mid April. The proceeds from the bonds will be used for street and drainage improvements. Financial Considerations: This will be repaid through the City's ad valorem tax rate. These certificates will not affect the FY 1999-2000 $.422 tax rate, and it is the City's intent to maintain the tax rate at the same level in the future within the planning parameters of the multi-year financial plan. Citizen Input/ Board Review: The Resolution is the first step in issuing certificates of obligation. Citizen input is not a requirement of the Resolution, however a Public Hearing is scheduled for March 7' with the second reading of the ordinance to issue the certificates. Legal Review: Ed.Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Resolution. Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Billy Campbell, City Manager January 14, 2000 Page 2 �w Supporting Documents: Resolution No. 00-05 Staff Recommendation: Approval of Resolution 00-05, approving and authorizing publication of notice of intent to issue certificates of obligation, Series 2000. RESOLUTION NO. 00-05 A RESOLUTION approving and authorizing publication of notice of intention to issue $3,895,000 in principal amount of certificates of obligation for various capital improvements projects. WHEREAS, the City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purposes of paying contractual obligations to be incurred for(a)the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii)the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 7t'day of March, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $3,895,000 for the purposes of paying contractual obligations to be incurred for(a)the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii)the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof. Such certificates of obligation shall payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the second reading and final adoption of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SOUTHLAKE 2000 INTENT RES.WPD SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this January 18, 2000. Mayor, City of Southlake, Texas ATTEST: City Secretary, City of Southlake, Texas (City Seal) SOUTHLAKE 2000 INTENT RES.WPD -2- S-C EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SOUTHLAKE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Southlake, Texas, shall convene at 7:00 o'clock P.M. on the -`' day of March, 2000, at its regular meeting place in the City Hall, 667 N. Carroll Avenue, Southlake, Texas, and, during such meeting, the City Council will consider the second reading and final adoption of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $3,895,000 for the purposes of paying contractual obligations to be incurred for(a) the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii) the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof. Such certificates shall be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Sandra LeGrand City Secretary, City of Southlake, Texas SOUTIR AKE 2000 INTENT RES.WPD City of Southlake, Texas e MEMORANDUM TO: Billy Campbell, City Manager NNW FROM: Sharen Elam, Director of Finance, Ext. 716 SUBJECT: Resolution No. 00-06, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-A. Action Requested: Approval of Resolution No. 00-06 as initial step to issue certificates of obligation for capital improvement projects. Background Information: Once this Resolution is approved, the City may issue less than that amount, but cannot exceed it. The Resolution authorizes the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates are issued and approved by the adoption of an ordinance, with I' and 2°a readings scheduled for February 15 and March 7`'', respectively. The City would receive funding mid April. The proceeds from the bonds will be used for water and sewer capital improvement projects. Financial Considerations: The water and sewer neighborhood projects will be repaid through the City's Utility Fund and the projects that are part of the City's Impact Fee Study will be repaid through collected impact fees. Citizen Input/ Board Review: The Resolution is the first step in issuing certificates of obligation. Citizen input is not a requirement of the Resolution, however a Public Hearing is scheduled for March 7`' with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Resolution. Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Billy Campbell, City Manager January 14, 2000 Page 2 Supporting Documents: Resolution No. 00-06 Staff Recommendation: Approval of Resolution 00-06 approving and authorizing publication of notice of intent to issue certificates of obligation, Series 2000-A. ( RESOLUTION NO. 00-06 fir+ A RESOLUTION approving and authorizing publication of notice of intention to issue $9,245,000 in principal amount of certificates of obligation for water and sewer capital improvement projects. WHEREAS, the City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 7"'day of March, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $9,245,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof. Such certificates of obligation shall payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part ofthis resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the second reading and final adoption of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SOU MAKE 2000A INTENT RES.WPD SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this January 18, 2000. Mayor, City of Southlake, Texas ATTEST: City Secretary, City of Southlake, Texas (City Seal) SOUTMAKE 2000A INTENT RES.WPD -2- EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SOUTHLAKE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Southlake, Texas, shall convene at 7:00 o'clock P.M. on the r day of March, 2000, at its regular meeting place in the City Hall, 667 N. Carroll Avenue, Southlake, Texas, and, during such meeting, the City Council will consider the second reading and final adoption of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $9,245,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof. Such certificates shall be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. lora LeGrand City Secretary, City of Southlake, Texas SOUTHLAKE 2000A INTENT RES.WPD City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 716 SUBJECT: Resolution No. 00-07 Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-B. Action Requested: Approval of Resolution No. 00-07 as initial step to issue certificates of obligation for the Town Hall project within the Tax Increment Reinvestment Zone. Background Information: Once this Resolution is approved, the City may issue less than that amount, but cannot exceed it. The Resolution authorizes the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates are issued and approved by the adoption of an ordinance, with 1' and 2' readings scheduled for February 15 and March 7 h, respectively. The City would receive funding mid April. The proceeds from the bonds will be used for constructing and equipping the Town Hall building. Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of the City's property tax. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, community college and Carroll school district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. Citizen Input/ Board Review: The Resolution is the first step in issuing certificates of obligation. Citizen input is not a requirement of the Resolution, however a Public Hearing is scheduled for March 7`b with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Resolution. Billy Campbell, City Manager January 14, 2000 Page 2 Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Resolution No. 00-07 Staff Recommendation: Approval of Resolution 00-07 approving and authorizing publication of notice of intent to issue certificates of obligation, Series 2000-B. 75—C� r RESOLUTION NO. 00-07 A RESOLUTION approving and authorizing publication of notice of intention to issue $12,000,000 in approximate principal amount of certificates ofobligation for the payment of contractual obligations incurred the construction of public works in Reinvestment Zone Number One, City of Southlake, Texas . WHEREAS, the City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions ofV.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping, and (b) professional services rendered in relation to such project and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 70'day of March, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $12,000,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping, and (b) professional services rendered in relation to such project and the financing thereof. Such certificates shall be payable from ad valorem taxes and from a lien on and pledge of tax increment revenues on deposit in the tax increment fund established for Reinvestment Zone Number One, City of Southlake, Texas. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the second reading and final adoption of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SOUTHLAKE TIF INTENT RES 2000B.WPD SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this January 18, 2000. Mayor, City of Southlake, Texas ATTEST: City Secretary, City of Southlake, Texas (City Seal) SOUTHLAKE TIF INTENT RES 2000B.WPD -2- �CT EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SOUTHLAKE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Southlake, Texas, shall convene at 7:00 o'clock P.M. on the 7' day of March, 2000, at its regular meeting place in the City Hall, 667 N. Carroll Avenue, Southlake, Texas, and, during such meeting, the City Council will consider the second reading and final adoption of an ordinance authorizing the issuance of capital appreciation certificates of obligation (obligations sold at a discount and pay no accrued interest prior to maturity) in a maximum maturity amount (not to exceed $24,500,000) to produce proceeds (principal amount) in an amount not to exceed $12,000,000 for the purposes of paying contractual obligations to be incurred for(a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping, and (b) professional services rendered in relation to such project and the financing thereof. Such certificates shall be payable from advalorem taxes and from a lien on and pledge of tax increment revenues on deposit in the tax increment fund established for Reinvestment Zone Number One, City of Southlake, Texas. The certificates are to be issued, and this notice is given, under and pursuant to the provisions ofV.T.C.A., Local Government Code, Subchapter C of Chapter 271. Sandra LeGrand City Secretary, City of Southlake, Texas SOUTHLAKE TIF INTENT RES 2000B.WPD City of Southlake, Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: John T. Knight, Technical Services Manager Ext. 761 SUBJECT: Authorize the lease purchase of ruggedized laptop computers and approving Resolution No. 00-09, authorizing the City Manager to enter into a lease purchase agreement for the purpose of procuring laptop computers. Action Requested: Council award a contract for the lease/purchase of Rugged Panasonic brand laptops from Government Capital Corporation. Background Information: In our preparation for replacing the non-compliant Y2K Mobil data system, we researched rugged laptops. These are devices designed to be utilized in the field by fire and police personnel. This equipment is designed to work in extreme temperatures and as well to exposure to the elements of the weather. These devices will be mounted into the Police, Fire and EMS vehicles to allow them in interact with the Computer Aided Dispatch system for the purpose of exchanging data between the field units and the emergency communications center. Financial Considerations: During the 1999-2000-budget process this problem was discussed. We requested and the City Council approved a budgeted amount of $41,865 for one year the lease/purchase of this equipment. We utilized the State purchasing program and negotiated pricing with qualified dealers. Government Capital Corporation submitted a lease purchase price of $34,510.61 per year for a lease purchase for a three-year period. Citizen Input/ Board Review: None. Legal Review: The attorneys approved of the attached contract after requiring several changes by the provider. Alternatives: None. Supporting Documents: Resolution and contract attached for council review. Staff Recommendation: Staff recommends that council authorize the City Manager to enter into a contract with Government Capital Corporation for the purchase of ruggedized laptops ,.K Approved for Submittal to City Council: City Manager's Office 6w 5F-�(Da ' -r t City of Southlake, Texas RESOLUTION NO. 00-09 RESOLUTION OF THE CITY OF SOUTHLAKE REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING LAPTOP COMPUTERS. WHEREAS, the City of Southlake wishes to enter into that certain Lease-Purchase Agreement dated as of January 1, 2000, by and between the City of Southlake and Government Capital Corporation, for the purpose of procuring laptop computers; and WHEREAS, the City Council wishes to designate Billy Campbell, City Manager, as an authorized signer of the agreement NOW THEREFORE BE IT RESOLVED that the City Council of the City of Southlake: Section I. That the City enter into a Lease Purchase Agreement with Government Capital Corporation for the purpose of procuring laptop computers. Section II. That the City designates Billy Campbell, City Manager, as an authorized signer of the Lease Purchase Agreement dated as of January 1, 2000, by and between the City of Southlake and Government Capital Corporation. PASSED AND APPROVED this the Eighteenth day of January, 2000. Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT THIS MUNICIPAL LEASE-PURCHASE AGREEMENT(hereafter referred to as"Agreement")dated January 5,2000,by and between Government Capital Corporation,a Texas corporation(herein referred to as"Lessor"),and City of Southlake,a political subdivision or agency of the State of Texas(hereinafter referred to as"Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth,the parties hereto agree as follows: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto (hereinafter,with all replacement parts,substitutions,proceeds,increases,additions,accessions,repairs and accessories incorporated therein or affixed thereto, referred to as the"Property")for the amounts to be paid in the sums(the"Lease Payments")and on the dates(the"Lease Payment Dates")set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof,the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off,defense,counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the acceptance of possession of the Property by Lessee(or acceptance by Lessee of delivery of the first item of Property if this Agreement involves multiple items of Property)and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B,unless earlier terminated as provided herein. Lessee will evidence its acceptance of the Property by executing and delivering to Lessor a Certificate of Acceptance(hereinafter so called)in the form provided by Lessor. 2. Non-Appropriation and Right of Termination. The obligations of Lessee to make Lease Payments(called for in Exhibit B)and to make any other payments to Lessor(or to any other person)pursuant to this Agreement are subject to appropriation by the Lessee of funds that are lawfully available to be applied for such purpose. If Lessee fails to make such an appropriation prior to a fiscal period of Lessee,for the Lease Payments scheduled in such fiscal period,Lessor may terminate this Agreement. Lessee may terminate this Agreement by providing written notice of such termination to Lessor not less than fifteen (15)days prior to the first day of any fiscal period of Lessee during which Lessee Payments are scheduled. Upon any such termination of this Agreement,all of Lessee's right,title and interest in and its obligations under this Agreement and to the Property shall terminate effective on the last day of the last fiscal period of Lessee for which such an appropriation was made. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section I hereof,Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor,as additional rent,on demand,an amount equal to all licenses,assessments,sales,use,real or personal property,gross receipts or other taxes,levies,imposts,duties or charges,if any,together with any penalties,fines,or interest thereon imposed against or on Lessor,Lessee or the Property by any govemmental authority upon or with respect to the Property or the purchase,ownership,rental,possession,operation,return or sale of,or receipt of payments for,the Property,except any Federal or state income taxes,if any,payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale,forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a)Lessee represents,and will provide an opinion of its counsel to the effect that,it has full power and authority to enter into this Agreement which has been duly authorized,executed,and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms,and all requirements for execution,delivery and performance of this Agreement have been,or will be,complied with in a timely manner; (b) All Payments hereunder have been,and will be,duly authorized and paid when due out of funds then on hand and legally available for such purposes; Lessee will,to the extent permitted by State law,include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder,and Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for,authorization of performance of,or expenditure of funds pursuant to,this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an immediate need for,and expects to make immediate use of,substantially all the Property,which need is not temporary or expected to diminish in the foreseeable future. 5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not install,use,operate or maintain the Property improperly,carelessly,or in violation of any applicable law,ordinance,rule or regulation of any governmental authority,or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor,in writing,permits its removal,and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain,at its expense,all registrations,permits and licenses,if any,required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property,it shall be delivered to the Lessor showing the interest of the Lessor. 6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense,Lessee shall service,repair and maintain the Property in as good condition,repair,appearance and working order as when delivered to Lessee hereunder,ordinary wear and tear from proper use alone excepted,and shall replace any and all parts thereof which may from time to time become wom out,lost,stolen,destroyed,or damaged beyond repair or rendered unfit for intended use,for any reason whatsoever,all of which replacements shall be free and clear of all liens,encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may,at its option,discharge such costs,expenses and insurance premiums necessary for the repair,maintenance and preservation of the Property,and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 7. Alterations. (a) Lessee may,at its own expense,install or place in or on,or attach or affix to,the Property such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement,provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b)Without the written consent of Lessor,Lessee shall not make any other alterations,modifications or improvements to the Property except as required or permitted hereunder. Any other alterations,modifications or improvements to the Property shall immediately become part of the Property,subject to the provisions hereof. Without the prior written consent of Lessor,Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. 8. Liens. Lessee shall not directly or indirectly create,incur,assume or suffer to exist any mortgage,security interest,pledge,lien,charge, encumbrance or claim on or with respect to the Property,title thereto or any interest therein,except the respective rights of Lessor and Lessee hereunder. STATE OF TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT I 9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss,damage,theft or destruction of the Property from any and every cause whatsoever,and no loss,damage,destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property,Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost,stolen,destroyed or damaged beyond repair,Lessee,at the option of Lessee,will either(a)replace the same with like property in good repair or(b)on the next Lease Payment Date,pay Lessor (i)all amounts then owed by Lessee to Lessor under this Agreement,including the Lease Payment due on such date,and(ii)an amount equal to the applicable Option to Purchase Value set forth in Exhibit B. 10. Insurance. Lessee shall either be self-insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self-insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self-insured or company insured,Lessee shall,for the term of this Agreement, at its own expense,provide comprehensive liability insurance with respect to the Property,insuring against such risks,and such amounts as are customary for lessees of property of a character similar to the Property. In addition,Lessee shall,for the term of this Agreement,at its own expense,provide casualty insurance with respect to the Property,insuring against customary risks,coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property,all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as insured as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall,upon request,deliver to Lessor evidence of the required coverage together with premium receipts,and each insurer shall agree to give Lessor written notice of non-payment of any premium due and ten(10)days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on,in or about the Property to carry workmen's compensation insurance covering employees on,in or about the Property. In the event Lessee fails,for any reason,to comply with the requirements of this Section,Lessee shall indemnify,save harmless and, at Lessee's sole expense,defend Lessor and its agents,employees,officers and directors and the Property against all risk of loss not covered by insurance. 11. Indemnification. Lessee shall indemnify,to the extent permitted by law,and save harmless Lessor and its agents,employees,officers and directors from and,at Lessee's expense,defend Lessor and its agents,employees,officers and directors against all liability,obligations,losses,damages,penalties, claims,actions,costs and expenses(including but not limited to reasonable attorneys'fees)of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership,rental,possession,operation,condition,sale or return of the Property. All amounts which become due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30)days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY,ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE,LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE,MERCHANTABILITY,CONDITION,QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER,ITS DESIGN,DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement,and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee,at its sole expense,upon prior written notice to Lessor. Lessor may,but shall have no obligation whatsoever to,participate in such claim or action on such warranty,at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement,Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement,"as is"at the payment date,for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty(60)days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B,Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right,title and interest in and to the Property,free of any lien,encumbrance or security interest except such liens, encumbrances or security interest as may be created,or permitted and not discharged,by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto,at which time Lessor shall,unless not required hereunder, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien,encumbrance or security interest except such as may be created,or permitted and not discharged,by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Property,this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default,whether occurring voluntarily or involuntarily,by operation of law or pursuant to any order of any court or governmental agency: aI Lessee fails to make any payment hereunder when due or within ten(10)days thereafter; t:I Lessee fails to comply with any other covenant,condition or agreement of Lessee hereunder for a period of the ten(10)days after notice thereof; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made; (4) Lessee makes,permits or suffers any unauthorized assignment,transfer or other disposition of this Agreement or any interest herein,or any part of the Property or any interest therein;or IsI Lessee becomes insolvent;or admits in writing its inability to pay its debts as they mature;or applies for,consents to or acquiesces in the appointment of a trustee,receiver or custodian for the Lessee or a substantial part of its property;or,in the absence of such application,consent or acquiescence,a trustee,receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty(60)days;or any bankruptcy,reorganization,debt arrangement,moratorium,or any proceeding under any bankruptcy or insolvency law,or any dissolution or liquidation proceeding is instituted by or against Lessee and,if instituted against Lessee,is consented to or acquiesced in by Lessee or is not dismissed within sixty(60)days. (b) Upon the occurrence of any Event of Default specified herein,Lessor may,at its sole discretion,exercise any or all of the following remedies: cu Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder,by acceleration of otherwise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor; (2) Take possession of the Property,without demand or notice and without court order or any process of law,and remove and relet the same for Lessee's account,in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference,if any,between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; (3)Terminate this Agreement and repossess the Property,in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith; STATE OF TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT 2 cu Sell the Property or any portion thereof for Lessor's account at public or private sale,for cash or credit,without demand on notice to Lessee of Lessor's intention to do so,or relet the Property for a term and a rental which may be equal to,greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of(i)the costs of such repossession,sale,relocation,storage,reconditioning,reletting and reinstallation(including but not limited to reasonable attorneys'fees),(fi)the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified in Exhibit B,and (iii)any past due amounts hereunder(plus interest on such unpaid principal balance at the rate specified in Section 20 hereof,prorated to the date of such sale), all of which shall be paid to Lessor,Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency;or csI Pursue and exercise any other remedy available at law or in equity,in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses,"as that term is used in this Section 14,shall mean,to the extent allowed by law: (i)reasonable attorneys'fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement;(ii)court costs and disbursements including such costs in the event of any action necessary to secure possession of the Property;and(iii)actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure,including costs of storing,reconditioning and reselling the Property,subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. co Under no circumstances shall Lessee be liable under this subsection 14(b)for any amount in excess of the sum appropriated pursuant to Section 1 hereof for the previous and current fiscal years,less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof,lessee shall,upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement,deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee,ordinary wear and tear resulting from proper use alone excepted,by loading the Property,at Lessee's sole expense,on such carrier,or delivering the Property to such location,as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor,as provided in this Section 15,on or before the date of termination of this Agreement,Lessee shall pay to Lessor upon demand,for the hold-over period,a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. 16. Assignment. Without Lessor's prior written consent,Lessee will not either(i)assign,transfer,pledge,hypothecate,grant any security interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property; or(fi)sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights,title and interest in and to this Agreement,the Property and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property,in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing,this Agreement inures to the benefit of and is binding upon the heirs,executors,administrators,successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights,title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made,disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement,Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986,Section 149(a),and the regulations,proposed or existing,from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Upon acceptance of the Property by Lessee hereunder,Lessee shall have title to the Property during the term of this Agreement; however,in the event of(i)an Event of Default hereunder and for so long as such Event of Default is continuing,or(ii)termination of this Agreement pursuant to the provisions of Section 2 hereof,title shall be reverted immediately in and shall revert to Lessor free of any right,title or interest of Lessee unless Lessor elects otherwise. 19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder,Lessor may,but shall not be required to,make such payment or perform or comply with such covenants and obligations on behalf of Lessee,and the amount of any such payment and the expenses(including but not limited to reasonable attorneys'fees)incurred by Lessor in performing or complying with such covenants and obligations,as the case may be,together with interest thereon at the highest lawful rate,shall be payable by Lessee upon demand. 20. Interest on Default.If Lessee fails to pay any Lease Payment specified in Section 1 hereof within thirty(30)days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail,and shall be deemed to have been given and received forty-eight(48)hours after a registered or certified letter containing such notice,postage prepaid,is deposited in the United States mail,and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. 22. Security Interest. As security for Lessee's covenants and obligations hereunder,Lessee hereby grants to Lessor,and its successors,a security interest in the Property,all accessions thereto and proceeds therefrom,and,in addition to Lessor's rights hereunder,all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which may have jurisdiction over the Property. Lessee agrees to execute,acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. 23. Tax Exemption.Lessee acknowledges and agrees that the Lease Payments have been calculated by Lessor assuming that the interest portion of each Lease Payment is exempt from Federal Income Taxation. Lessee represents,warrants and covenants that it will do or refrain from doing all things necessary or appropriate to insure that the interest portion of the Lease Payments is exempt from Federal Income Taxation,including,but not limited to,executing and filing all information statements required by Section 149(e)of the Internal Revenue Code of 1986,as amended,and timely paying,to the extent of available funds,amounts required to be rebated to the United States pursuant to Section 148(f)of the Internal Revenue Code of 1986,as amended. 24. Miscellaneous. (a)Lessee shall,whenever requested,advise Lessor of the exact location and condition of the Property and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property,and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may,for the purpose of inspection,at all reasonable times enter upon any job,building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee will take no action that would cause the interest portion of the Lease Payments to become coverage in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the "Code")and Treasury Regulations promulgated thereunder(the "Regulations"),and Lessee will take and will cause its officers,employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the Lease Payments does not become coverage in gross income of the recipient for federal income tax purposes under the Code and Regulations. ,�.. (c) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement(as incorporated within the schedule of payments)is not excludable from income in accordance with the Internal Revenue Code of 1986,as amended,such as to make Lessor and its assigns whole. STATE OF TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT 3 (d)Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor,and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (e) This Agreement shall be construed in accordance with,and governed by,the laws of the State in which the Property is located. Venue +� in any proceeding relating to this Agreement shall be in Tarrant County,Texas. (f)This Agreement constitutes the entire agreement between the parties and shall not be modified,waived,discharged,terminated,amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (g) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without,to the extent reasonably possible,invalidating the remainder of this Agreement. (h) The Lessor hereunder shall have the right at any time or times,by notice to Lessee,to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (i)All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property, of a change in Lessee's address,or in any fact or circumstance warranted or represented by Lessee to Lessor,or if any Event of Default occurs. 0)Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (k) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (1) Except as otherwise provided herein,this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs,executors,administrators,legal representatives,successors and assigns,where permitted by this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of in the year LESSOR: Government Capital Corporation ATTEST SIGNATURE PRINTED NAME BY: Stewart C.Shirey,Senior Vice President OR Timothy G.Temple,President PRINTED TITLE 1200 Walnut Hill Lane,Suite 3400 Irving,TX 75038 LESSEE: City of Southlake ATTEST SIGNATURE PRINTED NAME BY:X Bi ly.Campbell,City Manager PRINTED TITLE 667 North Carroll Avenue Southlake,TX 76092 STATE OF TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT 4 EXHIBIT A DESCRIPTION OF PROPERTY MUNICIPAL LEASE-PURCHASE AGREEMENT(THE"AGREEMENT')BY AND BETWEEN LESSOR,Government Capital Corporation and LESSEE,City of Southlake Dated as of January 5,2000 QTY DESCRIPTION LAPTOP COMPUTERS as follows fourteen (14) Rugged Laptop with Touch Screen fourteen (14) 24xCD ROM twenty-four(24) Mounting Port Rep with High Gain Antenna fourteen (14) AC Adapter fourteen(14) DC/AC Auto Adapter fourteen (14) Sierra Wireless MP200 Modem PROPERTY LOCATION: In Police Vehicles within City Limits STATE OF TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT 5 GOVERNMENT CAPITAL CORPORATION EXHIBI T B >> SCHEDULE OF PAYMENTS & OPTION TO PURCHASE PRICE~<< LESSEE: City of Southlake , PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO. MO. DAY YR PAYMENT PAID PAID after pmt on this line 1 02/15/2000 $34,510.61 $1,221.18 $33,289.43 $64,397.42 2 02/15/2001 $34,510.61 $3,790.49 $30,720.12 $32,945.69 3 02/15/2002 $34,510.61 $1,950.36 $32,560.25 $1.00 Grand Totals $103,531.83 $6,962.03 $96,569.80 ACCEPTED BY LESSEE:/ Billy Campbell, City Manager r------ City of 'Southlake, Texas — MEMORANDUM January 14, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station site on Shady Lane i I Action Requested: Staff seeks Council to authorize the 'Mayor to grant a 10-foot utility easement to serve the lift station site on Shady Lane. Background Information: The lift station along Shady Lane has been under construction and is near completion. The electric company that serves this site (TxU Electric) requires a utility easement where electrical devices exist. TxU Electric will maintain the electrical appurtenances within the proposed easement. The easement will extend from the right-of-way along Shady Lane to the location of the transformer within the lift station site (see attached (W easement). Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Utility Easement Project map I Staff Recommendation: Staff recommends Council authorize the Mayor to grant a 10-foot utility easement to serve the lift station site along Shady Lane. Please place this item on the January 18, 2000 City Council Agenda for approval. S P/sep sG-t Cf Y OF SO UTHL.-VKL PER\IANL\'f ELECTRICF_ASENIE\"f THE STATE OF TEXAS 4 COUNT)'OF TARR\NT 5 BT THESE P Ri SEN T S: That we,City of Soudnlake,for and in consideration of the sum of Ten (S 10) Dollars and other good alid valuable consideration in hand paid by Grantee herein,the receipt and sufficiency of which is hereby acknowledged and confessed,have eranted.sold and rouveyed,and by these present,do grant,sell and convey to TXU Electric,Grantee herein,of Tarrant Count-,.,Texas a permanent and perpetual easement for the purpose of installing,repairing,maintaining,altering,replacing,relocating,and operating utilities in, into,upon,over,across and under that land in Tarrant Count},Texas described as follows, to-wit: Being a 10'permanent electric easement,described as follows: See attached Exhibit'A'for graphic depiction See attached Exhibit'B'for metes and bounds description together nith the right of ingress and egress as necessary for such purposes. TO HAVE AND TO HOLD the above described easement,together wide all and singular,the rights and appurtenances thereto,anywise belonging unto the said Grantee,its successors and assigns forever;and We do hereby certify that We are the owners of the property described herein and bind ourselves,our heirs and assigns,to warrant and to forever defend all and singular tine premises unto the said Grantee,its successors and assigns,against every person whomsoever la%vfully claiming or to claim sane or any thereof. EXECUTED this the day of 12000. 5G-2 BEFORE ME,the undersigned authority,on this day personally appeared City of SUUtliiake known to me to be the persons whose name are subscribed to the foregoing .—trunient,and:acknowledged to me tha;they executed the same for the purposes and !,.6icration therein e\pre"cd. GINTN under my hand and seal of otlice on this the day of A.D. 19 My commission expires: Accepted by TXU Electric,this the clay of ,A.D.2000. By: RETURN DOCUMENTS TO: GRANTOR GRkNTEE City of Southlake TXU Electric cio Sandra LeGrand Citv Secretary 667 N Carroll Ave. SouUake,TX 76092 5G-3 EMBIT "A" 10' PERMANENT ELECTRIC EASEMENT (W 793 sq. ft. (0.0182 acres) I I I CITY OF SOUTHLAKE VOL. 13083, PG. 608 D.R. T.C. T. I I 3 w �m Co 0 M o Soo's6'17"E 10' PERMANENT i 1710 00' ELECTRIC EASEMENT I .3f I N/ 3 w N m n Oai/ 0D c°n I I � I 31 �W Mid IN Mlao AIM �IC4 001 Nlo In 100 '^I IZ I 1 I � 1 I 1 1 3/ Ion, o,l_ :t10 `ni C,41Itc NI• Z1N �h 1 IRON PIN I IRON PIN �1 10.1�2' ( _ FOUND 19 96' FOUND S01.11'30"E `. SOt•11'30"E 77.26' b SHADY LANE P. 0•B. T � SCALE 1" - 20' Note:ALL BEARINGS BASED ON THE GRANTOR'S DEED AS RECORDED IN 0 a 20 40 VOL. 13083,PG.608 D.R.T.C.T. 1,Eddie L.Cheatham of CHEATHAM AND ASSOCIATES,a Registered Professional Land Surveyor of the State of Texas,do hereby declare that the calculations, �E sT graphic depiction and legal descriptions of this survey were properly prepared o�*Rio f� under m personal supervision from an actual survey made on the ground. EDDE L.CHEATHAM �u •e _ —= — -00 + 2346 .. Registered Profe»tonal Land Surveyor No.2346 suR� -t CHEATHAM AND ASSOCIATES 1601 R. LAMAR BLVD JIM ARLDiarON, TZUS 76011 tom (817) E66-6636 (817) 646-06w 5G-4 EXHIBIT'B' 10'PERMANENT ELECTRIC EASE�ME:\T Field votes Bing a 0.0182 acre tract ot'land in ilic Samuel Freeman Suree\, _-Abstract No. 5.3, Tarrant CountN,Texas and beir.g a Moot-A:de strip of iana,over,chrough,and across a tract cony e-:ed,o the City of SouHake in Volume 13083, N. 608, D.R.T.C.T., and being a:ore particularly described as follows: Beginning at a point in the east line of said Cite of Southlake tract,being South O1'11'30"East,a distance of 7-.26 fee; from;ui iron pin found at the nrnthwest corner of s>d Cite of Southlake tract; Thence South 01*11'30"East,along the east line of said City of Southlak-e tract,also being the west right-of-%vav line of Shad1•Lane,a distance of 10.12 feet; Thence North 82'16'09"Nest,a distance of 26.88 feet; Thence South 87'03'32"Nest,a distance of 26.89 feet; Thence North 69'1 TOT Nest,a distance of 19.43 feet; Thence South 88'38'44"Nest,a distance of 6.08 feet; Thence South 00'56'17"East,a distance of 10.00 feet; Thence Soudi 88'38'4-1"Nest,a distance of 7.97 feet; Thence South 69'12'02" East,a distance of 19.29 feet; Thence North 87'03'32"Nest,a distance of 25.72 feet; Thence South 82'16'09" East, a distance of* 26.21 feet to the Point Of Beginning, containing 0.182 acre or 793 square feet of land,more or less. G:W 1-4 6 Elec Emnt 446-elcc esnu.da 5G-5 Shady Lane Lift Station _ -- -— f ST NNPLi Shady Lane Lift Station '' W Opp < to U) Q i p oR MpNs LU i T r SUM N� m \\ REEKJBOI IL D� i 1 � I I i RE i i II i 3T PKWY EAST RFIPN"R N =r -=_m L w* No Scale 5G-6 Geographic Information Syster-,_ �- ---- City of Southlake, Texas --- --� MEMORANDUM I j January 14, 1999 TO: Billy Campbell, City Manager t. i FROh_. ,,haven Poe, Senior Civil Engineer SUBJECT: Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station site on Lonesome Dove Action Requested: Staff seeks Council to authorize the Mayor to grant a 10-foot utility easement to serve the lift station site on Lonesome Dove. Background Information: The lift station along Shady Lane has been under construction and is near completion. The electric company that serves this site (Tri-County Electrical Cooperative) requires a utility easement where electrical devices exist. Tri-County Electrical Cooperative Electric will maintain the electrical appurtenances within the proposed easement. The easement will extend from the right-of-way along Lonesome Dove to the location of the transformer within the lift station site (see attached easement). Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Utility Easement Project map Staff Recommendation: Staff recommends Council authorize the Mayor to grant a 10-foot utility easement to serve the lift station site along Lonesome Dove. Please place this item on the January 18, 2000 City Council Agenda for approval. SP/sep 5H-1 4 CITY OF SOUTHL-�KL PERMANENT ELECTRIC EASEMENT THE STATE OF TEXAS 4 C OUNTY OF TARR.-I.NT KNOW A LL MEN BY THESE PRESENTS: That we,City of SoutMake,for and in consideration of the sum of Ten(S 10) Dollars and other good and valuable consideration in hand paid by Grantee herein,the receipt and sufficiency of which is hereby acknowledged and confessed,have granted,sold and convcyeci,and by these preserts de grams,sell and cony to(!-CU Electric,Grantee herein,of Tarrant County,Texas a permanent and perpevlal easement for the purpose of installing,repairing,maintaining,altering,replacing,relocating,and operating utilities in, into,upon,over,across and under that land in Tarrant County,Texas described as follows, to-wit: Being a 10'permanent electric easement,described as follows: See attached Exhibit'A'for graphic depiction See attached Exhibit'B'for metes and bounds description together with the right of ingress and egress as necessary for such purposes. TO HAVE AND TO HOLD the above described easement,together with all mid singular,the rights and appurtenances thereto,anywise belonging unto the said Grantee,its successors and assigns forever;and We do hereby certify that We are the owners of die property described herein and bind ourselves,our heirs and assigns,to warrant and to forever defend all and singular the premises unto the said Grantee,its successors and assigns,against every person whomsoever lawfully claiming or to claim same or all),thereof. EXECUTED this the day of 2000. 5H-2 w BEFORE ME,the undersigned authority,on this day personally appeared City of SoutlU-e known to me to be the persons whose name are subscribed to the foregoing instrunitnt,and ac knowledgtd to me t:iat they executed the same for tite purposes and coilsidera;ion thereiii expressed- GIVEN under any hand and seal of office on this the day of, A D. 19) My commission expires: Accepted by TXU Electric,this die day of ,A.D.2000. By: RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake TXU Electric c/o Sandra LeGrand City Secretary 667 N Carroll Ave. Southlake,TX 76092 5H-3 EMBIT "A„ 10' PERMANENT ELECTRIC EASEMENT 881 sq. ft. (0.0202 acres) N11'3W•/ t I 1 CITY OF SOUTHLAKE I VOL. 13310, PG. 132 D.R. T.C. T. 1 I 1 I 1� I^ N 1� IN O I� O 1 N O 1� to' PERMANENT Soo•48'29"w 10 =O ELECTRIC EASEMENT 13.66' i I J 1 '4 1 j NOW 46'29"E I I 1.4 13.60, w I Ito 1 of 1 1 v°0il 1N I l01 I5o NOW37'30"E y1 10go i -_--_--_----�p-pp-_ 1Z - IRON PIN 74.22' FOUND _3713.M- LONESOME DOVE ROAD N00.P. 0.B. Note:ALL BEARINGS BASED ON THE SCALE 1" - 40' GRANTOR'S DEED AS RECORDED IN VOL. 13310,PG. 132 D.R.T.C.T. o so 40 so I,Eddie L.Cheatham of CHEATHAM AND ASSOCIATES,a Registered Professional Land Surveyor of the State of Texas,do hereby decor* that the calculations, 0 F TF ii*�c depiction and kMai descriptions of We survey were Properly prepared y �e�*Ito f7 under my oral supervision fr ,an actud survey made on the ground. - _- EDDE L.Ct•EATHAM � �-��,��•��"� �" �"•�-O0 s 2346 w R*gist*red Professional Land Surveyor No.2346 CHEATEAM AND ASSOCIATES 1601 L LAKAR HLYD #= AMMOTON, TZUS 76011 VIM (617) 265-WW (617) 646-06N 5H-4 EXHIBIT'B' 10'PERMANe,7 ELECTRIC EASEMLNT Field Notes Being a 0.0202 acre tract of:and in the Sainuel Freeman Survey, Abstract No. 525, Tarrant Court;,Tcsas quid being a 10 f%-)ot wid,;strip of land,over,torcu;h,and across i.trac,coiweyedtj the City of Southlake in Velume 13310, Pg. 132, D.R.T.C.T., and being more particularly described as follows: Beginning at a point in the west line of said City of Southlake tract,being North 00°37'30"East,a dkt,uhcc (-,f 74.22 feet frouh a:h iron pin found at the s0:a1W,2st cc,:atr of&Ud City of SOntfhlake tract; Thence North 00°37'30"East,along the west line of said City of Southlhke tract,also being the east right-of-way line of Lonesome Dove Road,a distance of 10.00 feet; Thence South 88°58'20"East,a distance of 74.49 feet; Thence South 00°48'29"West,a distance of 23.60 feet; Thence North 88°58'20"West,a distance of 10.00 feet; Thence North 00°48'29"East,a distance of 13.60 feet; Thence North 88°58'20" West, a distance of 64.46 feet to die Point Of Beginning, containing 0.0202 acre or 881 square feet of land, more or less. G:\001-M S\£!ec Fsmt\435hS-Iec esnu.d« 5H-5 Lonesome Dove Lift Station i I i EMEPA D Cl I � Lonesome Dove Lift Station OUT s i i i TO 0 O C T � v N No Scale 5H-6 Geographic Information Systems This Item Left Intentionally Blank. 5-I City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716, Rusty Steele, Senior Accounting Assistant Ext. 850 SUBJECT: Authorize award of bid to ACUGRAPHICS EMBROIDERY AND MORE INC. for annual purchase of uniforms. Action Requested: Council award bid for the annual purchase of uniforms to ACUGRAPHICS EMBROIDERY & MORE INC. as the primary vendor with ETC EMBROIDERY as the secondary vendor. Background Information: At the present time the city purchases uniforms and miscellaneous apparel through both of these vendors. The purpose for requiring a formal bid for uniforms and miscellaneous apparel was based upon the total annual purchases of all individual departments' exceeding the monetary threshold for bidding requirements. Therefore,' in order to comply with the purchasing laws of the State of Texas, a bid was to be conducted in the best interest of the City of Southlake and it's departments to receive the best price possible for uniforms and miscellaneous apparel. Financial Considerations: The 1999-2000 budget for uniforms has already been approved. The monetary amounts for these purchases were allocated during the budget process. There is no additional funding in excess of the budgeted amounts allocated in the 1999-2000 budget to be approved. Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed and approved this contract. Alternatives: None Supporting Documents: Bid Tabulation Sheet Signature/Information Sheets Copy of Bid Staff Recommendation: Staff recommends that this item be placed on the January 18, 2000 agenda. Staff also recommends that all bids be awarded as described to the primary vendor, ACUGRAPHICS EMBROIDERY AND MORE INC. with ETC Billy Campbell, City Manager January 12, 2000 Page 2 Staff Recommendation: EMBROIDERY named as the secondary vendor. In the event (Continued) ACUGRAPHICS is unable to fulfill their obligations of any order, in accordance to the contract, the secondary vendor ETC EMBROIDERY will be referred to for any unfilled orders. If the primary vendor continues to be unable to fulfill their obligations in accordance to the contract, all orders will be referred to the secondary vendor for the remaining term of the contract. V w, W O W O O O O O O O O O O O O O O O O O O O O O O O O O c c c c c c c c c c c c c c c c c c c c c c c c c m V c cc a cs 0 N N -0 -0 '0 'a 'a 'a 70 70 'O 70 70 'O 'O '0 'a -0 a 'O 'O C) O O O O O O O O O O O O O O O O O O O O O O O O O = C c C c c c C C c c C C C c c c c c c c c c c c c 3 0 0 Z' LOMOco C) 1- N •- O LO .� O r- � N � ~ 0 0 M N to m O O� Cl a a O 0 NO a C) U i i i 6 4 O O M O Q O Cfl ch LO O W co LO co N M L[ co T-M M co T- � C C N N CO °c Cfl N M O O V ti ti W LO CO c- N U 's a Q -0 Y Y ` N O `p O C) a -� Y 0 CL p Z' 0. 3: 0 (j) co Vm � �O LO ON 0. FL V CD 0 A -0= = c o Nc yN � E -0NW a - C) O . 0 aN N �Q C c ( 2 0 C) a N o -, N C) O N Co � � a � C.)C CD 0 (D00 � 0 c U U- > CD CO Z J CD � O U Q m U W U- 0 � N M V LO Co O N O N eM 0 N m v LA Cp N p N Z V U U V U U Q U') ico I fn I I W I I �-3 1 ANNUAL CONTRACT FOR UNIFORMS The undersigned agrees this bid becomes the property of The City of Southlake.after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and a storage of equipment and all other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of The City of Southlake, and that the contents of this bid have not been communicated to any other bidder or to any employee of The City of Southlake prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED REPR NT NCCIL,7 41111es &oVd.Pdia�,�y •`/�o ems, I'C'c. Signature �-- �00 le,�/ :" "ZZ Date �z 7;l 7j96 o Name Title �� /��•� Tel. No. A6 -/.5 Sp Fax No. 9 7 2- yep; - '/-;W 5— COMPANY IS: Business included in a Corporate Income Tax Return? YES NO "---Corporation organized & existing under the laws of the State of / c XA 5 Partnership consisting of Individual trading as L - Principal offices are in the city of J:/Z.✓, �7 c, AcuGRAPH/CS Embroidery& More' PAGE 144 500 S. Beldine Road,Suite 522 Irvine.Texas 75060 ANNUAL CONTRACT FOR UNIFORMS The undersigned agrees this bid becomes the property of The City of Southlake after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and a storage of equipment and all other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of The City of Southlake, and that the contents of this bid have not been communicated to any other bidder or to any employee of The City of Southlake prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED R PRE: IVE: Sig( Da4!�- OA 61 `1(03�� Name A2A ILI A)L, Title _u ru o Tel. No. Ili 31S-7 - 00►a Fax No. Sri dal �n I COMPANY IS: Business included in a Corporate Income Tax Return? YES N0 Corporation organized & existing under the laws of the State of Partnership consisting of Individual trading as 26P.1 A 1 7 Pyar4'j&j-" C. Embr6,0-aa) Principal offices are in the city of PAGE 14 L :5 Vendor"Name: CITY OF SOUTHLAKE FINANCE DEPARTMENT SHAREN ELL4f,CPA LYNN AWTINSON,CPA FINANCE DIRECTOR LSSISUVT FINANCE DIRECTOR ANNUAL CONTRACT FOR UNIFORMS BIDS DUE DECEMBER 6, 1999 10:00 A. M. TABLE OF CONTENTS SPECIFICATIONS........................................................................................1 - 11 OPENING DATE, TIME, PROCEDURES, CONTACTS.................................................. 1 GENERAL CONDITIONS 1 - 3- 3 YEAR2000 WARRANTY................................................................................................ 4 DELIVERY REQUIREMENTS......................................................................................... 5 SPECIAL TERMS AND CONDITIONS ........................................................................... 6 EVALUATIONCRITERIA................................................................................................ 7 TECHNICAL SPECIFICATIONS.............................................................................. 8 - 11 DISADVANTAGED BUSINESS ENTERPRISES...............................................12 VENDOR REFERENCES............................................................................13 - 14 PROPOSALFORMS...................................................................................1.5 - 27 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. ANNUAL CONTRACT FOR UNIFORMS The City of Southlake is soliciting bids for furnishing the merchandise, supplies, services, and/or equipment set forth in this Bid Proposal. ORIGINAL AND ONE (1) COPY OF COMPLETED BID PROPOSALS MUST BE RECEIVED IN THE FINANCE DEPARTMENT AT 1725 EAST SOUTHLAKE BLVD. SOUTHLAKE, TEXAS 76092 ON OR BEFORE MONDAY, DECEMBER 6,1999 AT 10:00 A.M. All bids, including a "NO BID", are due in the.Finance Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number and date and time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. Any bid received after the date and/or hour set for bid opening will be returned unopened. If bids/proposals are sent by mail to the Finance Department, the bidder shall be responsible for actual delivery of the bid to the Finance Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of The City of Southlake beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. After the official opening, bids become the property of The City of Southlake and may not be amended, altered or withdrawn without the recommendations of the Finance Director and the approval of the City Council. The City of Southlake is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. All questions should be directed to: Rusty E. Steele, Senior Accounting Assistant (817) 481-5581 ext 850 PAGE 1 sue. r ANNUAL CONTRACT FOR UNIFORMS The City of Southlake is requesting bids for the ANNUAL CONTRACT FOR UNIFORMS, CITYWIDE. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all sections but must bid on all items in any one section. The City of Southlake will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. All insurance requirements, including Workers' Compensation as outlined in the Texas State Statutes, shall be met prior to any delivery and shall remain in effect during the life of this contract. All bids shall specify terms and conditions of payment which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Finance Director, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the specified department processing the order. It is the intention of The City of Southlake to make payment on completed orders within thirty days after receipt of invoice or items, whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the City of Southlake Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies, which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. The contract may be terminated by either party upon written thirty (30) days notice prior to cancellation. The City reserves the right to award multiple contracts. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, The City of Southlake reserves the right to waive any irregularities and to make award in the best interest of the City. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids received after the time limit for receiving bids. 2. Bids containing any irregularities. 3. Unbalanced value of any items. PAGE 2 �—�-- ANNUAL CONTRACT FOR UNIFORMS Bidders may be disqualified and their bids not considered, among other reasons, for any of the following specific reasons: 1. Reason for believing collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder is a party in any litigation against the City. 4. The Bidder being in arrears on any existing or previous contract or having defaulted on a previous contract 5. Incomplete work, which in the judgement of the City, will prevent or hinder the prompt completion of additional work, if awarded. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein, shall rest solely with the proposer. The City of Southlake and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Finance Director. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Venue — This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tarrant County, Texas. HOLD HARMLESS —THE SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS THE CITY OF SOUTHLAKE AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, LIABILITY, ACTIONS OR OTHER CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS OR PROPERTY ON ACCOUNT OF ANY NEGLIGENT ACT, OMISSION, OR FAULT OF THE SUCCESSFUL BIDDER, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT FROM BID AWARD. The successful bidder(s) warrants that the materials it supplies pursuant to this bid will not infringe claims of any patent covering such materials, and the successful bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur in connection with such claim. �r PAGE 3 s _�� ANNUAL CONTRACT FOR UNIFORMS YEAR 2000 WARRANTY: Contractor warrants that each hardware, software,. and firmware product delivered under the contract(s) shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including, leap year calculations, when used in accordance with the product documentation provided by Contractor, provided that all interfaces (e.g. hardware, software, firmware) used in combination with such product properly exchange date data with it. If the contract(s) requires that Contractor's products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to Contractor's products as a system. The duration of this warranty and the remedies available to Southlake, Texas for breach of this warranty shall be as defined in, and subject to, the terms and limitation of Contractor's standard commercial warranty or warranties contained in the contract(s), provided that, notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to The City of Southlake under this warranty shall include repair or replacement of any Contractor-supplied product whose non-compliance is discovered and made known to Contractor in writing. Nothing in this warranty shall be construed to limit any rights or remedies Southlake, Texas may otherwise have under the contract with respect to defects other than Year 2000 performance. PAGE 4 ANNUAL CONTRACT FOR UNIFORMS Prices shall include all charges for freight, F.O.B. inside delivered to: VARIOUS LOCATIONS WITHIN SOUTHLAKE. Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday. Delivery date is important to the City and may be required to be a part of each bid. The City of Southlake considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to Southlake, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its parts. A packing list shall accompany each shipment and shall show: City of Southlake Purchase Order Number Name and address of Vendor Name and address of receiving department Description of material shipped, including item numbers, quantity, etc. TITLE/RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession and accepts the goods at the point of delivery. PAGE 5 5 -�a2 ANNUAL CONTRACT FOR UNIFORMS SPECIAL TERMS AND CONDITIONS Contract Terms: Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the City of Southlake Finance Department. At The City of Southlake's option and approval by the vendor, the contract may be renewed for three (3) additional one (1) year periods, as further explained in Renewal Options. Both the vendor and the City of Southlake must agree upon any fluctuation in price. Renewal Options: The City of Southlake reserves the right to exercise an option to renew the contract of the vendor for three (3) additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon by both parties. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. PAGE 6 ANNUAL CONTRACT FOR UNIFORMS Evaluation criteria shall include, but is not limited to the following factors: a. Unit Price b. Delivery Time C. Vendor's past performance record with The City of Southlake d. The City of Southlake's evaluation of vendor's ability to perform e. The City of Southlake's experience with products bid f. Special needs and requirements of The City of Southlake g. Results of testing samples (if needed) h. Vendor's agreement to extend pricing under this contract to other governmental entities Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Any catalog, brand name or manufacturer's reference used is considered to be descriptive -- not restrictive -- and is indicative of the type and minimum quality of goods the City desires to purchase. Bids on similar items of like quality will be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding item specified. Successful vendor will not be allowed to make unauthorized substitutions after award. Samples for testing may be required with bid for evaluation. Samples will be free to the City. Failure to provide samples will be justification for bid rejection. The City of Southlake reserves the right to determine equals. Samples must be the same product as that bid. PAGE 7 ANNUAL CONTRACT FOR UNIFORMS TECHNICAL SPECIFICATIONS It is the intent of these specifications to adequately describe the uniforms, as required by the City of Southlake, in sufficient detail to secure competent bids. Any item not specifically listed by an individual specification is considered to be a general catalog item. Items should meet or exceed the following specifications: SECTION A — Shirts 1. Shirt, Henley T-shirt a. Fruit of a Loom Brand Henley style no. 20230HR, or approved equal. b. 6.0 oz. C. 100% preshrunk cotton, three-button placket with wood-tone buttons. d. Sizes ranging from M, L, XL, 2X e. Sizes above 3X to be same weight and quality as above described style number(s) f. City of Southlake Logo (one color) screen-printed on left side of chest 2. Shirt, T-shirt a. Fruit of a Loom Brand, style no. 5930R or 5930 BR, or approved equal b. 5.3 oz., heavyweight C. 50% cotton, 50% polyester d. Sizes ranging from M, L, XL, 2X, 3X, 4X e. Sizes above 5X to be same weight and quality as above described style number(s) f. Colors: Factory available colors g. City of Southlake Logo (one color) screen-printed on left side of chest 3. Shirt, Long Sleeve Henley T-shirt a. Anvil Cotton Deluxe style no. 20340 or approved equal b. 7.1 oz. C. 100% heavyweight preshrunk cotton d. sizes ranging from M, L, XL, 2X PAGE 8 ANNUAL CONTRACT FOR UNIFORMS SECTION A — SHIRTS (Continued) 4. Sweatshirt, Regular a. Fruit of a Loom style no. 04149 or approved equal b. 9 oz. C. 90% cotton/ 10% polyester d. sizes ranging S, M, L, XL, 2X, 3X 5. Sweatshirt, Cotton Blend a. Jerzees NuBlend style no. 03156 or approved equal b. 7.5 oz. C. 50% cotton/ 50% polyester d. Sizes ranging from S, M, L, 2X, 3X, 4X SECTION B — UNIFORM SHIRTS 1. Shirt, Golf Shirt a. Country Cottons Brand stock no. 13434, style no. 3841T, or approved equal b. 6.5 oz. C. 100% combed cotton double-mesh pique with contrasting collar. d. Sizes ranging from S,M,L,XL,2X, 3X e. Ability for special order sizes 4X and up. 2. Shirt, Oxford a. Pine Island Brand style no. P576, or approved equal b. 60% cotton, 40% polyester C. Long Sleeve d. Color: White e. Button Down f. Sizes M —2X PAGE 9 ANNUAL CONTRACT FOR UNIFORMS SECTION C —JACKETS 1. Rawlings Reversible Fleece Lined Hooded Jacket style no. 33555, or approved equal a. 7.5 oz. b. 100% nylon shell —cotton fleece inside C. sizes ranging from S, M, L, XL, 2X, 3X 2. Fleece Lined Jacket— Luna Pier style no. 09555, or approved equal a. 100% nylon shell — cotton fleece inside b. sizes ranging from S, M, L, XL, 2X, 3X 3. Woodsman Jacket— Upstream style no. 2896, or approved equal a. Brushed twill/quilted polyfill b. 15.3 oz. C. Hooded and zippered SECTION D — UNIFORMS, COTTON/DENIM. 1. Caps, Baseball a. Luna Basics brand style no. BB460, style no. BB365 or approved equal b. Strap, plastic adjustable sizing 2. Jeans, Western Work a. Wrangler Brand, 13MWZ, 31 MWZDN or approved equal b. Cowboy Cut C. Heavyweight Denim d. 14-3/4 oz. e. 100% Cotton Broken Twill f. Sanforized g. 5-pocket styling PAGE 10 �� , ANNUAL CONTRACT FOR UNIFORMS SECTION D — UNIFORMS, COTTON/DENIM(CONTINUED) 3. Reversible Fleece — Lined Pants a. Rawlings Brand style no. 33554, or approved equal b. 7.5 oz. C. 100% nylon exterior— 70% polyester/30% cotton fleece inside d. sizes ranging from S, M, L, XL, 2X 4. Shirt, Western Work a. Wrangler, Painted Desert, or approved equal b. 100% Cotton Twill C. Button Down Collar d. Solid Color Only: Tan 5. Shirt, Western Work a. Red Kap Brand, style no. SC14LB, SC24LB, or approved equal b. 4 % oz. poplin C. Chambray d. Blend: 65% Polyester, 35% Cotton e. Long Sleeve and Half Sleeve f. Six simulated pearl grippers, button at neck SECTION E — SHORTS 1. Ladies Lee Brand style no. 01734, or approved equal a. 7.5 oz. b. 100% cotton twill C. sizes ranging from 6, 8, 10, 12, 14 2. Men' s Lee Brand style no. 01234, or approved equal a. 7.5 oz. b. 100% cotton twill C. sizes ranging from 30, 32, 34, 36, 38, 40, 42 SECTION F - LOGOS 1. Embroidered Logos a. See Exhibit A; attached to formal bid b. Two line maximum under logo PAGE 11 ANNUAL CONTRACT FOR UNIFORMS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in The City of Southlake bid process. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program North Central Texas General Services Commission Regional Certification Agency PO Box 13047 OR 616 Six Flags Drive, #416-LB 24 Austin, TX 78711-3047 Arlington, TX 76011 (512) 463-5872 (817) 640-0606 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. FAX NO. Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 12 _ 3 S " � ANNUAL CONTRACT FOR UNIFORMS VENDOR.REFERENCES Bidder must list three (3) current customers, other than City of Southlake, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. REFERENCE ONE GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE TWO GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE THREE GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: PAGE 13 �� 2,0 • ANNUAL CONTRACT FOR UNIFORMS The undersigned agrees this bid becomes the property of The City of Southlake after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and a storage of equipment and all other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of The City of Southlake, and that the contents of this bid have not been communicated to any other bidder or to any employee of The City of Southlake prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE: Signature Date Name Title Tel. No. Fax No. COMPANY IS: Business included in a Corporate Income Tax Return? YES NO Corporation organized & existing under the laws of the State of Partnership consisting of Individual trading as Principal offices are in the city of PAGE 14 57 : -,:2/ • ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION A -T-SHIRTS 1. Shirt, Henley - T-Shirt Fruit of a Loom Brand, Henley style no. 20230HR, or approved equal Size: Up to and including: Small -XL 500 $ $ 2XL 20 3XL 14 4XL 10 5XL 10 $ $ SUBTOTAL: 554 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: 2. SPOT OR OTHER PURCHASES Bidder agrees to furnish items, not specifically listed herein, for purchase through its catalog(s) at the following discount from the catalog price: percent PAGE 15 S �- 2Z ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION A -T- SHIRTS (CONTINUED) 3. Shirt, T-Shirt Hanes, Beefy T, or approved equal Size: Up to and including: Small -XL 100 $ $ 2XL 20 3XL 10 4XL 5 5XL 5 SUBTOTAL: 140 $ $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 16 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION A -T-SHIRTS(CONTINUED) 4. Shirt, Long Sleeve Henley Anvil Cotton Deluxe style no. 20340, or approved equal Size: Up to and including: M 1 $ $ L 20 XL 9 2X 1 SUBTOTAL: 31 $ $ ,. Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 17 n ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION A -SHIRTS (CONTINUED) 5. Shirt, Sweatshirt Fruit of a Loom style no.04149, or approved equal Size: Up to and including: S 0 $ $ M 5 L 7 XL 5 2X 2 3X 0 $ $ SUBTOTAL: 19 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 18 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION CITY. COST EXTENSION SECTION A - SHIRTS(CONTINUED) 6. Shirt, Sweatshirt(Cotton Blend) Jerzees NuBlend Brand style no. 03156, or approved equal Size: Up to and including: S 0 $ $ M 5 L 4 XL 4 2X 1 3X 0 4X 0 $ $ SUBTOTAL: 14 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 19 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION B - UNIFORM SHIRTS 1. Shirt, Golf/Polo Shirt Country Cottons Brand style no. 3841 T, or approved equal Size: Up to and including: S 50 $ $ M 50 L 250 XL 141 2X 64 3X 14 4X 12 $ $ 5X 12 SUBTOTAL: 581 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 20 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION B - UNIFORMS SHIRTS(CONTINUED) 2. Shirt, Oxford Pine Island Brand style no. P576, or approved equal Size: Up to and including: M 41 $ $ L 40 XL 50 2X 50 $ $ SUBTOTAL: 181 $ kw Minimum Order? Yes No if Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 21 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION CITY. COST EXTENSION SECTION C -JACKETS 1. Reversible fleece hooded jacket Rawlings Brand style no. 33555, or approved equal Size: Up to and including: S 0 $ $ M 0 L 1 XL 1 2X 0 3X 0 $ $ SUBTOTAL: 2 Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: 2. Fleece Lined Jacket Luna Pier Brand style no. 09555, or approved equal Size: S 0 $ $ M 0 L 2 XL 1 2X 0 3X 0 $ $ SUBTOTAL: 3 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 22 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION CITY. COST EXTENSION SECTION C -JACKETS (CONTINUED) 3. Woodsman Jacket Upstream Brand style no. 2896, or approved equal Size: S 0 $ $ M 0 L 2 XL 0 $ $ SUBTOTAL: 2 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: SECTION D - UNIFORMS, COTTON/DENIM 1. Caps, Baseball Luna Basis Brand style no. BB460, or approved equal Unisize SUBTOTAL: 500 $ Minimum Order ? Yes No If Yes, Number ? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 23 S s ' 30 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION D - UNIFORMS COTTON/DENIM (CONTINUED) 2. Jeans, Western Work Wrangler Brand style no. 13MWZ, 13MWZDN, or approved equal Size: Waist Length Uo to and including: 42" 36" 350 $ $ 44"+ 3811+ 50 $ $ SUBTOTAL: 400 $ Minimum Order ? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: 3. Shirt, Western Work Wrangler Brand Painted Desert, or approved equal Size: Neck Sleeve Up to and including: 18" 36" 200 $ $ 1811+ 37"+ 78 $ $ SUBTOTAL: 278 $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 24 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION D - UNIFORMS COTTON/DENIM (CONTINUED) 4. Shirt, Western Work Red Kap Brand style no.SC14LB,SC24LB or approved equal Size: Neck Sleeve Up to and including: Short Sleeve 18" N/A 250 $ $ Long Sleeve 18" 36" 200 Long Sleeve 18"+ 3711+ 78 $ $ SUBTOTAL: 528 $ Minimum Order ? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: 5. Reversible Fleece - Lined Pants Rawlings Brand style no. 33554, or approved equal Size: S 0 $ $ M 0 Up to and including: L 1 XL 1 2X 0 $ $ SUBTOTAL: 2 $ Minimum order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 25 �� - � z s ANNUAL CONTRACT FOR UNIFORMS BID PROPOSAL ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION E -SHORTS 1. Ladies Lee Brand style no. 01734, or approved equal Size: 6 2 $ $ 8 5 Up to and including: 10 4 12 2 14 1 $ $ SUBTOTAL: 14 $ Minimum Order ? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: 2. Men's Lee Brand style no. 01234, or approved equal Size: 30 1 $ $ 32 4 Up to and including: 34 4 36 3 38 1 40 0 42 0 $ $ SUBTOTAL: 13 $ $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 26 ANNUAL CONTRACT FOR UNIFORMS BID PROPOSA L ITEM EST. UNIT NO. DESCRIPTION QTY. COST EXTENSION SECTION F - LOGOS 1. Embroidery Shirt Golf Shirt 600 $ $ Oxford 200 Western Work 800 Sweatshirts 32 Jackets 5 Caps Baseball Style 500 $ $ SUBTOTAL: 2,137 Minimum Order ? Yes No If Yes, Number ? Warrenty (Explain in Detail): Estimated Delivery Date: 2. Screen-Printing City of Southlake Logo Screen Printed on T-Shirt, various colors 700 $ $ SUBTOTAL: 700 $ $ Minimum Order? Yes No If Yes, Number? Warranty (Explain in Detail): Estimated Delivery Date: PAGE 27 City of Southlake, Texas MEMORANDUM January 14, 2000 i To: Billy Campbell. City Manager From: Ron Harper, Director of Public Works Subject: Resolution No. 00-12, Authorizing the City Attorney to 'bring condemnation action for the purpose of obtaining right-of-way and drainage easement for use by the City. Action Requested: Authorize the City Attorney to bring condemnation action for property at Shady Oaks Drive and Dove Road. Background Information: The City Council has previously authorized staff to acquire property from Neil and Gunn for the purpose of relocating Shady Oaks in the area of Dove Road. This relocation is to accommodate traffic flows in conjunction with the State Highway 114 expansion. An offer was made to the property owners to purchase owners to purchase the entire tract (1.859 acres). The owners countered with a proposal that would allow the City to purchase only the property required to relocate Shady Oaks and two separate drainage easements. A condition of this counter offer would be that the City of Southlake would abandon the entire right-of-way of Shady Oaks (adjacent to the property) to Ms. Neil and Ms. Gunn. As the City completed its research it was discovered that the entire right-of-way had not been platted and that the City could only abandon half the right-of-way to the property owners. When this was conveyed to the owners' attorney the counter offer was withdrawn and new terms were proposed. The City attorneys have been negotiating with the owners but have not been able to finalize this contract. 5K-1 i Financial Considerations: Funds for this acquisition are included in the CIP in conjunction with the City's commitment for SH 114 Citizen Input/ Board Review: None. Legal Review: The City Attorney has prepared this resolution for Council approval. Alternatives: One alternative is to continue negotiations; however, this may cause problems, delays and costs with the SH 114 construction. Another alternative is to construct Shady Oaks as originally planned. This would prevent north bound Shady Oaks traffic from turning west onto Dove Road. Supporting Documents: Resolution 00-12 Staff Recommendation: Place this item on the City Council agenda for January 18, 2000 and (W authorize the City Attorney to proceed. Ron Harpe Director o Public Works 4 5K-2 S RESOLUTION NO. 00-12 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING RIGHT-OF-WAY AND DRAINAGE EASEMENTS FOR SHADY OAKS DRIVE, DOVE ROAD AND S.H. 114 FOR USE BY THE CITY OR FOR OTHER. PUBLIC PURPOSES PERMITTED BY LAW. WHEREAS, the City of Southiake is in the process of realigning Shady Oaks Drive and Dove Road and assisting with the reconstruction of Highway 114 which will benefit the citizens of Southlake; and WHEREAS, in order to complete the construction of the project, it is necessary for the City to acquire additional right-of-way and drainage easements from property owners; and WHEREAS, the City Council has determined that certain tracts of land would be in the public interest to acquire for the future permanent right-of-way and drainage easements or, in the alternative, for utilization for other public purposes; and WHEREAS, the City and the owner of the below described property have been P unable to reach an agreement on the acquisition of this property; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The City Attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring right-of-way and drainage easements across the following parcels of land and being more particularly described as exhibits "A", "B", "C", "D" and "E": A. Being an approximately 0.117 acre tract of land, situated in the T. Beedy Survey, Abstract 72, Tarrant County, Texas, and being out of Lot E, Block 1, Old Orchard Country Estates, a subdivision as recorded in Volume 388-118, Page 41, Plat Records of Tarrant County, Texas, said Lot E being conveyed by deed to Frances Anne Smith as recorded in Volume 6543, Page 687, Deed Records of Tarrant County, Texas; B. Being an approximately 1.859 acre tract of land in the Thomas Beedy Survey, C:\TEMP\SHADYOAKS.ROW.DOC PAGE t 5K-3 Abstract No. 72, City of Southlake, Tarrant County, Texas and being a portion of Lot E, Block 1 of the Old Orchard Country Estates Addition, as recorded in Volume 388- 118, P. 41, (P.R.T.C.T.); C. Being a 0.048 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake, Tarrant County, Texas and being a portion of Lot E, Block 1 of the Old Orchard Country Estates Addition, as recorded in Volume 388-118, P.41, (P.R.T.C.T.); D. Being a 0.049 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake, Tarrant County, Texas and being a portion of Lot E, Block 1 of the Old Orchard Country Estates Addition, as recorded in Volume 388-118, P. 41, (P.R.T.C.T.); and 5. Being a 0.605 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake, Tarrant County,Texas and being a portion of Lot E,Block 1 of the Old Orchard Country Estates Addition, as recorded in Volume 388-118, P.41, (P.R.T.C.T.). SECTION 2. The City Council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED AND APPROVED ON THIS 18`h DAY OF JANUARY 2000. Mayor Attest: City Secretary (br, CITEMP\SHADYOAKS.ROW.DOC PAGE 2 5K-4 1 EXHIBIT A Teas Depenmens of TraroQonauion Form D-I5-12 (Panial Taking) Page 2 of 4 Pay.12/92 Parcel 7 0353-03-052 State Highway 114 Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed conjunction with the highway facility of which the land hereby conveyed shall become a part, shall 't and forever remain subject to the same regulation by legally constituted authority as applies to ti public's use thereof; and Grantors further acknowledge that the design and operation of such highw� facility as a Controlled Access Highway require that access from Grantors' remaining property to sa highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelou and all abutter's rights, including rights of ingress and egress and the right of direct access to and fror Grantors' remaining property to said Controlled Access Highway facility, which have accrued or migi otherwise accrue to Grantors, their heirs, successors or assigns are' hereby waived, released an relinquished insofar as they appertain to Paragraph (13) hereinbelow: (A) Access to and from Grantors' remaining property will be permitted: Access to the Westerly remainder abutting the highway facility will be permitted betweei the end of the lst call and the beginning of the 3rd call of the foregoing field not, description. (13) Access to and from Grantors' remaining property will be denied: Access will be denied between the beginning of the lst call and the end of the 1st cal' of the foregoing field note description. 5K-5 EXHIBIT A 110.14'R1. 190_py' SIA. �srG•71�t r J. PC, 11014 lli. I IC.IS•A1• I 11.. 15,4c•Io19 ti Sli ,s•a•;ur ?1014'R1. S1t. 1St!•71.9d � ' Sty t!•) tZ S.tG'R1, um•tt'E 71.1j STL IS-11.1 ►+17-75•)9'r 1pp,pJ• nl.rrRr. .,• s tst 4t3 _ . sr�, Isso•on,lo ttt.w'RT. SO; St4•41• v ST 57.1� D IS<S•fllf s i r � �I AVJ' �: p �•�.�?S fjo STA.IS•47•9 t� or STIt•IStS•KIS • Jb,J �S CO w R oo-< R7. / Sy b� S1a,10318" • Ji j�� ijrlAC 4. •1r poi 00 CLD E•BLOCK 1 UOLPiTY ESTATES . e � • r T. B EE D Y S UR-VE Y 75•94.00 7lS.f l• _% i 111.t10rt �4 C0.00'L t.OOY( m Si1.106•C. W wo-ss77% 1ILAW WTL as AMm:S S.a.+1 .CK CCTT)oa 4 I J-W L T.tlovC on. LMI NG SN 1 TO rRaxC T CDOROt _� S71_IOS•sJ'A7 /aJJSTM TO SL$WA - ,t V FPAACES.11NE $MTN oC E • I"C. vac.. ~ e SUL IS4T•10.TI TO STA.I541•49 S 0.11 T AC, f.�l I.C.Po&"wxx (ape 5K-6 EXHIBIT A EXHIBIT A Tarrant County Page 1 of 1 SH 114 Parcel 7 From: Tarrant/Denton Co. Line 0353-02-052 To: 0.65 Mi. East of Dove Road 8002-1 Sepr-:rixr 1991 BEING 0.117 of an acre of land, mere o: less, situated in the T. Beedy Survey, Abstract 72, Tarrant County, Texas and being out of Lot E, Block 1, Old Orchard Country Estates, a subdivision as recorded in Volume 388-118, Page 41,Plat Records of Tarrant County, Texas, said Lot E being conveyed by deed to Frances Anne Smith as recorded in Volume 6543, Page 687, Deed Records of Tarrant County, Texas; said 0.117 of an acre of land being more particuiarly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found in the existing westerly right of way line of Shad Oaks Drive (County Road #3123) being the southeaster) y y pro corner of said Lot E; THENCE North 01 deg. 55 min. 06 sec. East along the existing westerly right of way line of Shady Oaks Drive, as found, same being the easterly property line of said Lot E for a distance of 348.00 feet to the POINT OF BEGINNING in the new"southerly right of way line of Dove Road; THENCE along the new southerly right of way line of Dove Road as follows: 1) North 43 deg. 04 min. 55 sec. West for a distanc• e of 27.18 feet; 2) North 89 deg. 24 min. 34 sec. West for a distance of 247.03 feet; 3) North 00 deg. 35 min. 27 sec. East for a distance of 18.40 feet to a point in the existing southerly right of way line of Dove Road; . 4) THENCE South 89 deg. 25 min. 44 sec. East along the existing southerly right of way line of Dove Road for a distance of 266.68 feet to the point of intersection of the existing westerly right of way line of Shady Oaks Drive,as found, being the northeasterly property corner of said Lot E; 5) THENCE South 01 deg. 55 min. 06 sec. West along the existing westerly right of way line of Shady Oaks Drive, as found, for a distance of 38.15 feet to the POINT OF BEGINNING and containing an area of 0.117 of an acre of land, more or less. E OF 9 - k Z - c 1 Rid'N BERNARD H. LDHEAC� PARCEI7.TAR � � 4022 r Q' • 17 O 1� ,..4,'tiFsS�pO�G St) R`t 5K-7 EXHIBIT B RIGHT—OF—WAY DEDICATION TA OF 80.992 sq. ft. ( 1 .859 acres) k -------. .._..� i ._.._.._.._.._.._.._.._.._.S87•48'00NEi 26.00' DOVE ROAD W Ill" IFIF °?' IR5 — N87°Qe 'o1Q."'K. 266. 502011 '59"W y. Q .S, '42".�_s2AL1 �..._ � S4!�"80'37"E 18.65' '"' ,•�ras. ►�t � � iRs� 12T. 'ts • i .1. IaC 1 LOT EE M I r M 1 101 e =45337'05" cc .�. 1 R = 432.00' _ ' N 1% I CD �V20 391 37 NW 1 a 'Z M, .�- U) I r 1 I I N43.28'09"W 49.47' I ! j I pi -rigs ,:.1: I I �• ,-•-._._.-.-.-._.-.-.-.-.-.-._._._.-•-•-- • w 1R5 I a `• , ®�� •�9� �� 0 9919 53 S8921' ":E I (Q/AI• R . .. 36fl.Q0 801T � N T30..03 . CO 138.48'13"W 1 Pi LOT D 1 ! j n.cr.w wo fr n./ur tat a r.c �I I na.lw-..,r...rar.e.rn L EN.L Ch eowi. N 0EATHIL AW ASSOCIATES..R.d.t.r.0 °ytheirH..:".d 1I I II L.w Lr..yer of N St.t.of T..w.d.?-.by d.dv. .t th..d.Wuar, 1 f 1 00, `r� V-PH.dwka.A.w wo0.wr.uw.f Vw s-.y....f,"ty M ywW .vo.d •I I ., .� * • endwr .n fr . si, .tudwr..y_40. thegr j• EDGE L CKA7Nwf ` - .n'Tt=-- Z—L Y _ I• •I �e " L-W Sw.yr ft 23r5 i r -----------•-•-•-•-•-•-•-------•-• -- -•---•--�i c>MMUM AND ASSOCIATES j 1"I L 1.1q,.�,./N00.m,D,.,f,,a..T..ft j! j 5K-8 EXHIBIT B Being a 1.859 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake, Tarrant County, Texas and being a portion of Lot E, Block 1 of the Old Orchard Country Estates Addition,as recorded in Volume 388-1 18, P.41, (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a %" iron pin found, said point being the northeast corner of Lot E, Bloch 1 of the Old Orchard Country Estates Addition as recorded in Volume 388-118, PA1, (P.R.T.C.T.); �I T o � " r +I THENCE N 87 48 00 W, for a distance of 266.82 feet to a point in the north line of Lot E,Block 1 of the Old Orchard Country Estates Addition as recorded in Volume 388-118, P.-1i, (P.R.T.C.T.), said point also being the POINT OF BEGINNING; THENCE S 020 1 F 59" W, for a distance of 18.65 feet to a Texas Highway Department Monument found for a point; THENCE S 870 53'49" E, for a distance of 247.15 feet to a 5/8" iron rod set for a corner; THENCE S 410 20'37"E,for a distance of 27.43 feet to a 5/8"iron rod set for a corner in the west right-of-way line of Shady Oaks Drive; THENCE S 030 22' 18" W, for a distance of 348.17 feet to a 5/8" iron rod set for a corner in the west right-of-way line of Shady Oaks Drive,said point also being the southeast corner of Lot E,Block 1 of the Old Orchard Country Estates Addition as recorded in Volume 388-118, P.41, (P.R.T.C.T.); "ITIENCE S 890 2l'O 1" E, for a distance of 80.17 feet to a 5/8" iron rod set for a corner,said point being the beginning of a curve to the left, having a radius of 368.00 feet and a chord bearing of N 380 48' 13" W; THENCE continuing along said curve,for a distance of 59.93 feet to a 5/8" iron rod set for a point; THENCE N 430 28'09"W,for a distance of 49.47 feet to a 5/8" iron rod set for a point,said point being the beginning of a curve to the right,having a radius of 432.00 feet and a chord bearing of N 200 39' 37" W; THENCE continuing along said curve, for a distance of 343.95 feet to a 5/8" iron rod set for a point in the north line of said Lot E; THENCE S 870 48'00"E,for a distance of 26.00 feet to the POINT OF BEGINNING,containing 1.859 acres or 80,992 square feet of land, more or less. 5K-9 'EXHIBIT C PERMANENT DRAINAGE EASEMENT 2.094 sq. ft. (0.048 acres) I � -._.-_.._.._.._.._S87'.9'00" —••—'•J DOVE ROAD S87048'00'E _292_.62 P015 r.._.._ ` { =11983.71.92.1 g1 ;991 = 05Bill_'1 a2. R = 2AR�=1844 531 Coil C© _N6.56�59� , 1 CO �6'57'02"E j I LOT E LOT EE I I S73.57'01"M\• 15.00' �. •� D •� .\•• I I v CND�T 8 •.` •\ \ .._._._._-------------__ .....----------------------------------------------------- _._._�''� N LOT D 100' I! 4 ..........._._----- -----------------------------_._._._._._._._._._._�._ i� LOT C j� I I� I� I HDTV sUAM @AM ON`lm m Let of VIC jf OLD ORCHARD COUNTRY WAM ACO M Hal..See-ne.P.41 IPAT.C.TJI L Eddie L.Cheatham of CHEATHAM AND ASSOCIATES,a Regietered Professional or Land Surveyor of the State of Texas,do hereby declare that the cdculaUans. r� %s c grata depiction and legaldesoriptions of this survey were property prepared under M.. alsuervision from an actual survey made on the ground. L t3tEATWW ``,%-akR Registered Pro naiLand Surveyor No.2340 be 2341 su CHBAMU MD ASSOCUTES 5K-10 1601 B. UVU BIRD #M ABIWG70ON. Tzuq 7so11 tYt m (017) m—em (817) "o-6096 kW-1 EXHIBIT C PERMANENT DRAINAGE EASEMENT Field Notes Being a 0.048 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake,Ttutant County,Texas and being a portion of Lot E, Blod'I of the Old Orchard Country Estates Addition, as recorded in Volume 388-118, P.41 (P.•R.T.C.T.) and being more parlicula ly described as follows: �; 4 COMMENCING at a Ya" iron pill l'aund, said point being the northeast corner of Lot (:, Block I of the;Old Orchard Country 13slates Addition; ,:,.. i. 4_ THENCE h)S r 48'00" E Ibr a distance of 292.82 feet to a nt in the north line of -Mid Lot E,Block 1 and in the south right-of-way 11' of Dove Road,and at the beginning ofa curve to the left having a radius ti 3100 feet and a chord bea r- ring ofS 06°57'02"E,said point also being the P0IIVTOF BEGINNING; THENCE proceeding in a southeasterly direction along said curve for a distance of 137.21 feet to a point for a corner;kw- `� TI IENCE S 73° 5T 01" W, for a distance of 15.00 feet to a i t,for po,!I a comer at the beginntng of a curve to the right having a radius of 'feet and a chard 'b sting of N 06 56 59 W; THENCE Proceeding to a northwesterly direction along said curve,.for a distance of 141.99 feel to a point for a corner in the north line of said Lot E, Block I and in-4-he south - ri htof-wa line of Dove Road; right-of-way THENCE S 87."4V 00" E, for a distance of 15.00 feet to the POINT OF BEGINNING,containing 0.048 acres or 2,094 square feet of land, more or less. GA001-233U33.11WO January 25,1999 5K-11 EXHIBIT D PERMANENT DRAINAGE EASEMENT '!k 2,130 sq. ft. (0.049 acres) ��► I � _.._.._.._..f .._ ............................................---- ._._ �. ................. .. _-."._.. %i I i 1 1 j tj>i I t i LOT E N i 1°' k .,� im j LOT EEOL ACN�AC TQ8 A C® / 1 era % S43 f 0p9 E tH I (ypl. 49.41,. IN I ►'.., '� �• id I N08.31'3P'E C1 'P r 6 3. 6B I I 081,N8 •21 � j 65 N ' LOT C1 iI i I L -59.9 ' ' R �368 500, !I I �.Q I; 1 100 CD-S3848'13"E Ij I ............._—-------—._._,_ .r � s I� I • �I I LOT C Ii I I� I 1� NOTES IEM W BED ON M UIT LK OF IM jI I OLD ORCNMD COURRY 13TATEf'%AOOf M (VOL.300.M.RH WAT.C.T.11 L Eddie L.CMob'AII of CIEATHAM RV ASSOCUI 10 _ bred Professional Lmd do Itereb •� tllot llte oakkl/aflons or ". �•. 8lweyor of:dw 3"4 of TOM. y• . '�P�Otba'and.ipaido/a�tbno of WoPraporb prepared •te ulld/r'CRY pereonola"vision from on oolud ion the ground. EDGE 6 Rr¢�tored Profoalonallz1 j No.2346 OCIATES 5K-12 E L ids KV9-,j fflq�� . U= M mn9 "Oil HEM (812) aei- (sib au-Doge EXHIBIT D PERMANENT DRAINAGE EA SEMENT Field Notes Being a 0.049 acre tract of land in the Thomas Beedy Survey, Abstract No. 72, City of Southlake,Tturant County,Texas and being a portion of Lot E, Block l of the Old Orchard Country Estates Addition, as recorded in Volume 388-118, P.41, (P.1t:T.C.�'.) and being more particularly descr'bed as follows: COMMENCING at a %" iron pin found, said point being the northeast corner of Lot (s, Block I of the.Old Orchard Country Estates Addition; THENCE :S 03°22' 18" W.for a distance of 396.29 feet to a point said point being the southeast corner of said Lot E and in the west right-of sway line of Shady Oaks Drive; THENCE N 890 21'01" W, for a distance of 80.17 feet to a.poiajJmthe south line of said Lot E,said point also being the POINT OF BEGINNING; THENCE N 890 21'01" W, fora distance of 63.65 feet to a point fora corner in the south line of said Lot E; THENCE N 090 31'38" E, for a distance of 64.17 feet to a point for a corner, said point being the beginning of a curve to the right, having'a radius of 368.00 feet and a chord bearing S 38°48' 13" E; THENCE proceeding in a southeasterly direction along said curve,for a distance of 59.93 feet to the POINT OF BEGINNING, containing'0.049 acres or 2,130 square feet of land, more or less. G:1001-233U334 I.wpd January 25.1999 (W 5K-13 ►XHIBIT E PERMANENT DRAINAGE EASEMENT 26.342 sq. ft. (0.605 aq"res)p.. --------------- o --------------DOVE ROAD -"-------�-_— P C 1 1 , o. "S87'53' " I_-____ 49 E 110.00 THO NT ' • I 4 1 I L1=95�40075i L•� I I Al 14 51 17 R = 368.00 8 I T 7.973 Qz N CD =N3.10�53w o LOT E i LC 95.1425 ►� I " Ig L T -60.32± 0 • I 1 I CD =N34 .. 8'578W s• I ' LC -119. 38' •:37'41'I "E 1 ; �OB r. S , S03 22'18"W ♦ L a39.2415 N '37.1 " �5.00' N LOT D R =5432.0000' ��•13' I T 9.6332' I CDD 40.52'02'W I ' LC =34.2258 ` I I 1 , -.- - - ---.---`- .---.-- -.----- •- cN�iW��8 ' s 0�0 Y 8YA 41)11ril1 1"-50' ; coil d• 8°� P. i NOTE .�D oN;, `twr LK DrTHE OLD oRC m�AIINTIIY A1l�rA0Of 11ON'fVOL.`i�ir1M.FA11r R T.O T.11 ' � asi!•,.+sy .w tic "%�'Pn:_e-t ;.-J. ��' u Robert f of 4tEATI. .N ND I�SOG�1 Rphbr*d Prot"WOnd OF OI t1}�O;'Stob Of T4XOD.dO1�O that tlNl calculations. �grpOlio' o �,Maa+daatptbnN.oi�tbN hr won prOPwh proved * � a':aNNr 5 from an tua madD on the groand. ROBERT 0. "Ro�rod Pr+ei4ii,�all.and? sue SK-14 CHBJ^ 80CUTES .i IWI L IJIV 11i]N41�ON. In" 7OM11 �'(es� ass-oetae PERMANENT DRAINAGE EASEMENT. Field Notes Being a 0�^ of land in the South) tract 'Thomas liecdy Survey, utract No. 72, City of Count �couruy,•Texas and being a portion of Lot L',I3 Rk'I;of the Old Orchard rY ,ddidon,as recorded in Volume 388-118, PA P.R.T.C.T.)and being more particularly described as follows: COMMENCING at a W iron pin found,said point being the northeast.corner of Lot li, Block I of the Old Orchard Country)slates Addition us recorded_ -inolwne 388-1 18, 11.41,(P.R:I:'6.7 THENCE S 03°22'18"W,jor u distancc:,of 292.15 lect to y c u lea llx wesl right-ol= wa01130 Of Shady..Oaks Drive'and in the cast I Block I o Nhe t: Old Orchard Country Estates Addition,as recordedi nC 388-I i 3,I'.4 1, %'(P.R.T.C.T.),said point also being the POINT OF B INNING; THENCE S 03°22' 18"W for a distance of 35.00 feet to a porn for a comer; THENCE J"*37 41" W,for a distance of 49.1. ,.�.... 3 feet to t�for a corner,said =point being the beginning ofa curve to the left,havin itu of 432.00 leer 'And a chord bearing of N 400 52'02"W; .1 J THENCE :continuing along said curve, for a distance of 39.24`r116t to a point for a ..,., I corner; 5'l THENCE 3°,28'09" W, for a distance of 49.47 feet to a point for a corner,said point being the beginning ofn curve to the right,ha vitig a radius ol'368.U0 , :iod a chord bearing of N 3V 08'57" W; ��'`�'' (SW- I'I IIiNCE Y tinuing along said curve, for a distance of 119.7211cet to a point for a corner; THENCE N 650 10' 15"E.for a distance of 64.21 feet to a poini"tf r a corner, Tl IENCE 'N1240 52'24" W,for a distance of 40.00 lect to a point{fur a corner; r THENCE y 3' ' 111.47"W,for a distance of 62.37 feet to a poin or'atcorner,said _ dm g beginning of a curve to the right,havinnla radius of 368.00 Beet'ns,and a•chord bearing of N 080 10'59" W; � - THENCE -,�condnuing along said curve, for a distance of 95.41 ,.i lito a point for a THENCE r S 8f 53'49"E,for a distance of 110.00 feet to a point RiA corner, THENCE S,21°.16'48"E,for a distance of 120.00 feet to a poi ;a corner; THENCE 34'-01"W,for a distance of 85.00 feet to a point corner; 'THENCE 'f:S Z°S2'S5"E,for a distance of 100.00 feet to a poi ;comer; tni .rV •r' THENCE ¢t 37 41"E,for a distance of 32.45 feet to the it ' I L ING,contsipineV 605•acres or 26,342,sq of land,more witiiall ofsaaidfhun�dbeing within an existing easement,as in the above'referenced plat o:m01.273%233AW01. Ikc�odkrf.199Y a;,�yr 5K-15 City of Southlake, Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: Ordinance No. 480-JJ, Revisions to Impervious Coverage and Landscape Regulations Action Requested: Consideration of proposed Ordinance No. 480-JJ regarding revisions to the impervious coverage regulations and revising the landscaping regulations in Ordinance No. 480 to remove any conflicts with the provisions of Landscape Ordinance No. 544-A. Background Information: This ordinance will revise the impervious coverage regulations by removing the language that allows additional impervious coverage in exchange for additional bufferyard or landscape area. The percentage of maximum impervious coverage in each district will not be changed; no increase in impervious coverage will be permitted unless the Board of Adjustment grants a variance. The "I-1" and "1-2" industrial districts will not be affected by this ordinance. In addition, the ordinance will also address conflicts between the zoning ordinance and Landscape Ordinance No. 544-A, such as minimum plant sizes, existing tree credits and maintenance issues. The intention of these revisions is to bring the Zoning Ordinance into compliance with the Landscape Ordinance. Legal Reviews: A draft of this ordinance has been reviewed by the City Attorney. The current draft reflects any recommended revisions. Financial Considerations: Not applicable. Alternatives: May recommend such changes or conditions to the ordinance as deemed appropriate. N:\COMMUNITY DEVEIAPMENT\WP-FILES\ZBA\PENDING\480-JJ MEMOMOC 7R-I City of Southlake, Texas Consideration of Ordinance No. 480-JJ, Impervious Coverage and Landscaping Karen Gandy, Zoning Administrator January 14, 2000 Page 2 Supporting Documents: Proposed Ordinance No. 480-JJ Staff Recommendation: Discuss ordinance as approved (7-0) by the Planning and Zoning Commission on November 18, 1999 and as approved on consent (6-0) by the Council on January 4, 2000. N:\COMMUNPCY DEVELOPMENT\WP-FILFS\ZBA\PFNDING\480-JJ MFMOMOC 7 A Z- ORDINANCE NO. 480-JJ AN ORDINANCE AMENDING ORDINANCE NO. 480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING IMPERVIOUS COVERAGE; AMENDING "APPENDIX A" BY REVISING CERTAIN IMPERVIOUS COVERAGE REGULATIONS; REVISING CERTAIN SECTIONS REGARDING LANDSCAPING REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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 has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has further determined that by establishing certain maximum lot coverage and maximum impervious coverage regulations the intensity of development can be controlled; and WHEREAS, the city council has determined that it is in the best interest of the community to preserve natural areas and maintain areas of open space in order to enhance the natural resources of the community, to increase the survivability of existing native trees and to lessen the impacts of (W parking areas; and NACommwuty Developmeirt\WP-FILES\ZBA\PENDING\480A-3.doc(Draft 2,November 12,1999) Page 1 7 A -3 WHEREAS, the city adopts these regulations to ensure a desired level of groundwater recharge and to reduce the impacts of surface drainage run-off, 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 SOUTHLAKE, TEXAS: SECTION 1. Section 4, "Definitions," of Ordinance No. 480, as amended, is hereby amended by adding the following definition, to read as follows: "LANDSCAPE ADMINISTRATOR—The City Manager or his designee." SECTION 2. (W Section 16.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (k), Maximum Impervious Coverage, to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed forty (40%) percent of the total lot area." SECTION 3. Section 17.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph(1), Maximum Impervious Coverage, to read as follows: CT Maximum Impervious Coverage: The maximum impervious coverage shall not exceed fifty (50%) percent of the total lot area." SECTION 4. Section 22.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph(1), Maximum Impervious Coverage, to read as follows: (W 'T Maximum Impervious Coverage: The maximum impervious coverage shall \\SLKSV4001\Loca1\Community Development\WP-FILES\ZBA\PENDING\480JJ-3.doc(Draft 2November 12,1999) Page 2 7A - 1,N not exceed seventy-five(75%) percent of the total lot area." SECTION 5. Section 28.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph(0, Maximum Impervious Coverage, to read as follows: "f. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70%) percent of the total lot area." SECTION 6. Sections 8.5, 18.5, and 20.5 of Ordinance No. 480, as amended, are hereby amended by revising paragraphs (f), (i) and (1), respectively,Maximum Impervious Coverage, to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five (65%) percent of the total lot area." SECTION 7. Sections 21.5, 24.5, and 25.5 of Ordinance No. 480, as amended, are hereby amended by revising 1 and i res respectively Maximum Impervious Coverage, to read as follows: (), (P), (), p Y P g "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70%) percent of the total lot area." SECTION 8. Section 23.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (o),Maximum Impervious Coverage, to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five percent (75%) of the total lot area." SECTION 9. APPENDIX A, "Schedule of District Regulations" of Ordinance No. 480, as amended, is hereby amended by deleting footnote"O" and re-lettering footnote"P" to "O", to read as follows" "O - Certain areas of the city that are designated for industrial use may be allowed 85% impervious coverage;see the appropriate Zoning District Regulations." \\SLKSV4001\Loca1\Community Development\WP-FILES\ZBA\PENDING\480JJ-3.doc(Draft 2,November 12,1999) Page 3 7A -S SECTION 10. Section 42.4 of Ordinance No. 480, as amended, is hereby amended by revising paragraph g, Existing Plant Credits, to read as follows: "Existing Plant Credits: Existing trees which are within fifty feet (50') of the property line and have a minimum of fifty percent (50%) of the drip line within the bufferyard area shall be granted credits toward reducing the required plantings as set forth in the Landscape Ordinance, as amended. Existing trees between 2"caliper and 6" caliper which are within the bufferyard may be granted credits on a 1 for 1 basis." SECTION 11. Section 42.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph a to read as follows: "Minimum plant size when planted shall meet the requirements set forth in the Landscape Ordinance, as amended." SECTION 12. Section 42.13 of Ordinance No. 480, as amended, is hereby amended by revising paragraph a, deleting paragraphs b, c, d, and e, and re-lettering paragraph f to b, to read as follows: "a. Maintenance of bufferyards shall be in accordance with the requirements set forth in the Landscape Ordinance, as amended." b. Lack of maintenance shall constitute a violation of this ordinance." SECTION 13. Section 42.16 of Ordinance No. 480, as amended, is hereby amended to read as follows: "42.16 ENFORCEMENT - All bufferyards shall be installed, irrigated and properly maintained prior to the issuance of a certificate of occupancy for new construction described in Section 42.4 of this ordinance. All other construction not required to install bufferyards prior to the issuance of a certificate of occupancy shall not encroach into these areas with uses described in Section 42.10 of this ordinance. \\SLKSV4001\Local\Community Development\WP-FILES\ZBA\PENDMG\4801J-3.doc(DDmft 2,November 12,1999) Page 4 ,7A -(a It shall be the responsibility of the Landscape Administrator to confirm (W the adequacy of the installed bufferyard." SECTION 14. Section 42.17 of Ordinance No. 480, as amended, is hereby amended to read as follows: "42.17 LANDSCAPE ORDINANCE - All the requirements within the Landscape Ordinance, as amended, shall apply to the bufferyards. Where any conflict does exist, the more restrictive requirement shall apply." SECTION 15. Section 43.9.c.3.c of Ordinance No. 480, as amended, is hereby amended by revising Plant Material Sizes to read as follows: "Plant Material Sizes: Plant materials shall meet the size requirements set forth in the Landscape Ordinance, as amended." SECTION 16. Section 43.9.c.3.h of Ordinance No. 480, as amended, is hereby amended by revising Parking Lot Impacts to read as follows: "Parking Lot Impacts: The parking lot landscape area shall meet the requirements set forth in the Landscape Ordinance, as amended." SECTION 17. 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 18. 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 \\SLKSV4001\Loca1\Commurdty DevelopmenflWP-FILES\ZBA\PENDING\480JJ-3.doc(Draft 2,November 12,1999) Page 5 7 A -7 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 19. 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 20. 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 lot coverage or landscaping 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 21. 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. \\SLKSV4001\Loca1\Community Development\WP-FILES\ZBA\PENDING\48011-3.doc(Draft 2,November 12,1999) Page 6 7A -S � t r City of Southlake,Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Garland Wilson,Director of Public Safety(Ext. 730) SUBJECT: Ordinance No. 585-B,2nd Reading,Amending Ordinance No. 585-A,Tree Preservation Ordinance. Action Requested: City Council consideration of Ordinance No. 585-B, amending Ordinance No. 585-A, Tree Preservation Ordinance on second reading. Background Information: This ordinance was originally adopted on June 15, 1993 and amended December 16, 1997. Councilmember Debra Edmondson met with Malcolm Jackson and Keith Martin on several occasions regarding current enforcement action and related tree preservation ordinance procedures. Based upon the analysis of the ordinance, several suggested changes were presented to enhance the operational procedures towards improved efficiency and effectiveness. During the development of the suggested changes, the City experienced several tree preservation issues that exemplified the areas needing modification. These ideas were presented to P&Z and to City Council for discussion. Staff subsequently conducted additional reviews with Councilmember Edmondson, in conjunction with extensive review and research with the City Attorney's office. As a result of those discussions, the original ordinance underwent a modification to its general structure in order to minimize duplicity, enhance comprehension, and better clarify specific points while maintaining the original core of the ordinance provisions. A draft of the ordinance was made available to developers attending a City meeting with only one developer responding with suggestions. P&Z approved Ordinance No. 585-B to be forwarded to City Council. City Council passed the ordinance at first reading on January 4, 2000. Financial Considerations: Not Applicable Citizen Input/ Board Review: One developer contacted staff for suggested changes. P&Z reviewed and passed the ordinance to City Council. Legal Review: These changes have been forwarded to the City Attorney for legal review and comment. 7B-1 a Billy Campbell January 14, 2000 Page 2 Alternatives: The City Council may approve the ordinance at second reading on January 18, 2000 as submitted or they may deny or recommend changes or conditions they deem appropriate. Supporting Documents: Ordinance 585-B, Tree Preservation Ordinance Staff Recommendation: Place Ordinance 585-B, amending Ordinance No. 585-A, Tree Preservation Ordinance, on the January 18, 2000 City Council meeting agenda for second reading. GW/bls 7B-2 i (W ORDINANCE NO. 585-B AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585 A, WHICH ESTABLISHES REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING FOR TREE PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING FOR RESTRICTIONS ON PRUNING AND PLANTING OF TREES; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIL-ITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted by the electorate pursuant to Article XI,Section 5 of the Texas Constitution (W and Chapter 9 of the Local Government Code; and WHEREAS,on December 16, 1997,the City Council adopted Ordinance No.585-A, revising regulation relating to the protection of trees; and WHEREAS, trees are of great value in the maintenance of the public health and welfare of the citizens and in the conservation of natural resources; and WHEREAS, the City Council of the City of Southlake has determined that tree preservation continues to be necessary to adequately protect the public health,safety and welfare; and WHEREAS, the City Council wishes to amend Ordinance 585-A to provide for clarification of the provisions of the existing ordinance, to establish the requirements for submitting a tree survey, and to provide for civil penalties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1.0 PURPOSE AND INTENT The purpose of this ordinance is to promote site planning which furthers the preservation of mature trees and natural areas;to protect trees during construction; W:\Southlake\ordinances\trees.final.wpd PAGE 1 7B-3 1 to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further purpose of this ordinance to achieve the following broader objectives: a. Prohibit the indiscriminate clearing of property. b. Protect and increase the value of residential and commercial properties within the City. C. Maintain and enhance a positive image for the attraction of new residences and business enterprises to the City. d. Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the City. 2.0 DEFINITIONS 2.1 GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defining the terms hereof: a. Words used in the present tense shall include the future,words used (W in the singular number shall include the plural number and words used in the plural shall include the singular. b. The word "shall" is mandatory and the word "may" is permissive. C. The word "person" shall include any individual, firm, corporation, partnership,joint venture, organization, or any other entity. 2.2 DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided.Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings contained in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this ordinance shall control. ALTER: ALTERS: ALTERATION: The uprooting, severing the main trunk of the tree,or any act which causes or may reasonably be expected to cause a tree to die. It includes, but is not limited to: damage inflicted upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; a change in the natural grade above the root system of a tree; an application of herbicidal or other lethal chemicals; excessive pruning; placement of W:\Southiake\Ordinances\trees.Hnal.wpd PAGE 2 7B-4 a y nonpermeable pavement over the root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if less than 75% of the critical root zone is maintained at undisturbed natural grade, or more than 25% of the canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. BUILDING PAD: The actual foundation area of a building and a reasonable area not to exceed six feet (6) around the foundation necessary for construction and grade transitions. , CLEAR-CUTTING: The removal of all of the trees or a significant majority of the trees within an area of land. CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. (See Appendix D.) CUT/FILL: Areas where the natural ground level has been excavated (cut) or fill has been brought in. DRIP LINE: Whichever is greater of. (1) a vertical line run through the outermost (W portion of the canopy of a tree and extending to the ground, or (2) if the tree is damaged or deformed as a result of tree growth or other cause, a circular area with a radius of Y2 the height of the tree extending outward from the centerpoint of the tree. LANDSCAPE ADMINISTRATOR: The person appointed by the City Manager to serve as the person to administer the plans and City ordinances related to landscape and the person's designated representative. LANDSCAPE ARCHITECT: A person licensed to use the title of "landscape architect" in the State of Texas in accordance with the state law. MUNICIPAUPUBLIC DOMAIN PROPERTY: Property in which title is held in the name of a governmental entity. Examples of this include City Hall, public parks, Corps of Engineers property, State of Texas R.O.W., libraries, fire stations, water tower sites or similar properties. OWNER: Any person with an interest in land, or a lessee, agent, employee, or other person acting on behalf of the Owner. PROTECTIVE FENCING: Snow fencing,chain link fence,orange vinyl construction fencing or other similar fencing at least four feet high and supported at a maximum W:\Southlake\Ordinances\trees.final.wpd PAGE 3 7B-5 of ten-foot intervals by approved methods sufficient enough to keep the fence upright and in place. The fencing shall be of a highly visible material. PUBLIC UTILITY: A business that offers a public utility service, such as gas, electricity, cable or telecommunications service and that installs facilities within public right-of-way or easements. TREE: Any self-supporting woody perennial plant which will attain a trunk diameter of two inches or more when measured at a point four and one-half feet above ground level and no an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. TREE BOARD: A board appointed by the City Council to cant' out the duties and responsibilities set forth in this Ordinance. The Planning and Zoning Commission shall constitute the Tree Board unless the City Council appoints a separate tree board. TREE. MARGINAL: A tree which the City has determined may or may not be worthy of preservation depending on the individual characteristics of the tree. (See (W Appendix A.) TREE, PARK: Trees, shrubs, and all other woody vegetation in public parks and all areas owned by the City to which the public has free access as a park. TREE. PROTECTED: (1) A quality tree that has a trunk with a diameter of six inches or greater at four and one-half feet above the ground, or(2)a marginal tree that has a trunk with a diameter of six inches or greater at four and one-half feet above the ground and that the Landscape Administrator has determined should be saved due to individual characteristics of the tree,or(3)an understory tree that has a trunk with a diameter of two inches or greater at four and one-half feet above the ground. (See Appendix A.) The diameter of a multi-trunk tree shall be determined by adding the total diameter of the largest trunk to'/z the diameter of each additional trunk. (See Appendix E.) TREE PROTECTION SIGN: A sign furnished to a person by the City's building official upon approval of a tree survey or tree permit which describes prohibited conduct detrimental to trees. TREE. QUALITY: A tree which the City has determined typically has significant positive characteristics worthy of preservation. (See Appendix A.) W:\Southlake\Ordinances\trees.final.wpd PAGE 4 7B-6 TREE. STREET: Trees, shrubs, and all other woody vegetation on land lying between property lines on either side of all streets,avenues,or ways within the City. TREE SURVEY: A plan drawing that provides legend details about the location and details of trees and contains the information set forth in Schedule"B"hereto. It shall include drawings by a licensed surveyor, a licensed architect, or, if few trees are involved, a person approved by the Landscape Administrator. TREE TOPPING: The severe cutting back of limbs to stubs largerthan three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. TREE. UNDERSTORY: A tree which the City has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. (See Appendix A) UTILITY COMPANY: A company or entity, or agent for a company or entity, that provides a utility service such as the provision of gas, electric, cable, or telephone service within the City. (W 3.0 TREE PERMIT 3.1 GENERALLY: Except as otherwise provided in Section 3.3, below,a person must obtain a tree permit from the Landscape Administrator before altering any tree (including any protected tree, quality tree, marginal tree, or understory tree), park tree, or street tree in the City. 3.2 OFFENSE: A person commits an offense if the person alters a protected tree-that does not meet an exception listed in Section 3.3, below,without first obtaining a tree permit from the City that authorizes alteration of that tree. A person commits an offense if the person alters a tree in violation of the permit. 3.3 EXCEPTIONS: It is an affirmative defense to prosecution for a violation of Section 3.2 if the person altered a tree for one of the reasons listed below. No tree permit is required if: a. The tree endangers the public health,welfare or safety and immediate alteration is required. b. The tree has disrupted a public utility service due to a tomado, storm, flood or other act of God. Alteration shall be limited to the portion of (W W:\Southlake\Ordinances\trees.tinal.wpd PAGE 5 7B-7 S the tree reasonably necessary to reestablish and maintain reliable utility service. C. The tree is located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the sale or intended sale to the general public in the ordinary course of the nursery's business. d. The tree is located on property zoned S1720, SF30, SF1, R-PUD and RE on which there is a residence used as a homestead. However, builders, contractors and owners are subject to the requirements of this Ordinance for all new construction prior to moving into and living on the homestead. e. The tree is located on property which is zoned 'AG' (agricultural)and being actively used for agricultural purposes, as long as the tree is located within a total area of two acres surrounding the owner's residence and the residence is used as a homestead. f. The tree must be altered to allow construction of improvements in accordance with a building permit and in compliance with Section 6.7 of this Ordinance. 4.0 PERMIT REVIEW AND APPROVAL PROCESS 4.1 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for reviewing all requests for tree permits submitted in accordance with the requirements specified herein. 4.2 DEFERRAL OR APPEAL TO TREE BOARD: The Landscape Administrator may defer the approval of a tree permit to the Tree Board for any reason. A person aggrieved by a decision of the Landscape Administrator may appeal the decision to the Tree Board. The decision of the Tree Board shall be final. 4.3 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this Ordinance. a. Fees: A person shall submit, with the person's application for a tree permit, payment of a fee to the City of Southlake in the amount specified by City Council in a fee schedule, unless Section 9 of this Ordinance is applicable. W:\Southiake\Ordinances\trees.final.wpd PAGE 6 7B-8 y b. Required Documents: An applicant for a tree permit shall submit an aerial photo, map exhibit, or survey as required by Schedule A or as noted in Subsection 1 and 2 hereof, and must include the described in Schedule B. 1. Alternative to Tree Survey: For property containing large, heavily wooded areas, the Landscape Administrator may, in lieu of a tree survey, authorize the submittal of an aerial photograph accompanied by a transparent plan of the development at the same scale as the photograph showing all areas that are exempt from the tree replacement and/or tree protection requirements, provided that a tree survey is submitted to the Landscape Administrator prior to any grading or construction. The Landscape Administrator may approve the submission of photographs in phases for a multi-phased project. 2. Non-Disturbance Areas: If the Applicant designates a nearly wooded area as a non-disturbance zone in which no construction will occur, the Landscape Administrator may approve a non-disturbance zone and trees within the zone are not required to be individually identified on the survey. C. Permit Expiration: A tree permit issued in connection with a building permit shall be valid for the period of that building permit's validity. A tree permit not issued in connection with a building permit plan shall become void 180 days after the issue date on the tree permit. 4.4 POSTING TREE PROTECTION SIGN: After the tree permit is issued, the permit holder shall post a "tree protection sign" at each entrance to the property upon which one or more trees is situated, and at any other location designated by the Landscape Administrator. 4.5 ACTION ON PERMIT APPLICATION: The Landscape Administrator or the Tree Board shall grant a tree permit based on the following criteria: a. Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; b. The cost of preserving the tree; C. The increased development costs caused by preserving the tree; W:\Southlake\Ordinances\trees.final.wpd PAGE 7 7B-9 d. Whether the tree is worthy of preservation; e. The effect of the alteration on erosion, soil moisture, retention,flow of surface waters, and drainage systems; f. The need for buffering residential areas from the noise, glare, and visual effects of nonresidential uses; g. Whether the tree interferes with a utility service; h. Whether the proposed tree replacement procedures pursuant to Section 7 of this Ordinance adequately mitigate the alteration of the tree; and i. Whether the alteration adversely affects the public health, safety or welfare. 5.0 ONGOING REVIEW OF DEVELOPMENT BY LANDSCAPE ADMINISTRATOR 5.1 EVALUATIONS: The Landscape Administrator shall evaluate any plans required by this Ordinance to determine whether the developer has made a good-faith effort to preserve as many protected trees as possible. The Landscape Administrator shall prepare an analysis and forward it to the Planning and Zoning Commission and the City Council for their consideration regarding denial or approval of any concept plan, site plan, and preliminary plat that is necessary for development. The Planning and Zoning Commission and the City Council shall take into consideration the criteria for tree preservation listed in Section 4.5 of this Ordinance in determining whether to deny or approve any concept plan, site plan, or preliminary plat. 5.2 NONSUBSTANTIVE CHANGES: The Landscape Administrator shall be authorized to work with owners, developers, and builders to make non substantive changes, within the scope of this Ordinance, to plans, permits and other requirements throughout the development and construction processes that will provide the greatest reasonable protection toward achieving the purposes of this Ordinance. 6.0 TREE REPLACEMENT AND TREE PROTECTION REQUIREMENTS 6.1 GENERALLY: If a tree permit is required forthe alteration of a protected tree pursuant to this Ordinance, the tree replacement procedures set forth in . Section 7 of this Ordinance and the tree protection procedures set forth in (, Section 8 of this Ordinance must be followed as prescribed in this Section. W:\Southiake\Ordinances\trees.final.wpd PAGE 8 7B-10 6.2 PUBLIC UTILITY PROJECTS: For any project conducted by a public utility (except in a capacity covered by Section 3.3.b herein), all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of this Ordinance. Any protected trees within public R.O.W. or utility easements that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of this Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. The public utility's application for a tree permit must be accompanied by a site plan or construction plan that contains the information specified in Schedules A and B herein. 6.3 SELECTIVE THINNING AND REMOVAL OF UNDERBRUSH: a. The Landscape Administrator may issue a single tree permit allowing the alteration of certain protected trees from a densely forested area when the Landscape Administrator determines that the selective thinning is being done in a professionally accepted manner that will enhance the environment and the likelihood of survival for the remaining trees. If the Landscape Administrator issues a permit for selective thinning,the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements of Sections 7 and 8 of this Ordinance. b. The Landscape Administrator may issue a permit allowing the clearing and grubbing of brush located within or under the drip lines of protected trees subject to reasonable conditions to insure the maximum protection for the trees. The Permit Holder shall clear or grub by hand or with mowers. The use of dozers, loaders, or other moving equipment to clear or grub is prohibited. 6.4 CLEAR-CUTTING: The Landscape Administrator may issue a single tree permit allowing the clear-cutting of protected trees from property zoned"AG" (agricultural)afterthe Landscape Administrator makes an on-site inspection of the property to be cleared and receives a written statement from the applicant describing the purpose and reason for the clear-cutting, but only if the Landscape Administrator determines that the clear-cutting is for a legitimate, agricultural reason. If the Landscape Administrator issues such a permit,the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements of Sections 7 and 8 of this Ordinance. If the land ceases to be used for agricultural purposes at any time within three years after the permit is obtained to remove the trees, the W:\Southlake\Ordinances\trees.final.wpd PAGE 9 7B-11 t owner of the land must comply with the tree replacement requirements contained in Section 7 of this Ordinance. This requirement runs with the land. 6.5 DISEASED, DAMAGED, OR DANGEROUS TREES: The Landscape Administrator may issue a tree permit for any tree that is diseased, infected or damaged beyond the point of recovery, or in danger of falling (except as described by Section 3.3.a herein) as determined by the Landscape Administrator prior to the alteration of the tree. A diseased tree may be altered by the City or an individual to reduce the chance of spreading the disease to adjacent healthy trees. If the Landscape Administrator issues such a permit, the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements of Sections 7 and 8 of this Ordinance. z 6.6 AGRICULTURAL: The Landscape Administrator may issue a tree permit for the alteration of up to seven protected trees per calendar year on property zoned 'AG' (agricultural) and being actively used for agricultural purposes. If the Landscape Administrator issues such a permit, the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements of Sections 7 and 8 of this Ordinance. (However, iiw protected trees altered in excess of seven per calendar year are not excepted under this section and will require tree permits and must comply with tree replacement and tree protection requirements.) 6.7 NEW DEVELOPMENTS: a. Residential subdivision: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan,shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of this Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of this Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of this Ordinance. W:\Southiake\Ordinances\trees.final.wpd PAGE 10 7B-12 b. Single Lot Residential Development:_ In a single lot residential development, all areas within the building pad site,driveways, public sidewalks, patios,septic tank and lateral lines, parking area,and pool and associated deck area shall be exempt from the tree replacement and tree protection requirements of Sections 7 and 8 of this Ordinance. All other areas of the lot shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of this Ordinance. C. Non-residential Development: In a non-residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of this Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of this Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the development shall tw be subject to both the tree replacement and the tree protection requirements, and all other provisions of this Ordinance. 1. Mitigation for Parking: If a person provides parking spaces in addition to the required number of parking spaces,the person shall be required to replace trees which are required to be altered due to the parking or to make payment to the City Reforestation Fund, or a combination thereof, as directed by the Landscape Administrator., The following formula shall be used to calculate the number of trees to be replaced or the payment due: The Landscape Administrator shall identify the total number of parking spaces above the number required by the Zoning Ordinance and calculate the number of trees to be replaced or mitigated based on an equivalent number of spaces in the lot containing the greatest number of trees. 6.8 PRUNING: The Landscape Administrator may issue a tree permit to allow pruning of a protected tree that alters the tree if such pruning is necessary to allow construction or demolition of a structure. If the Landscape Administrator issues such a permit,the protected tree covered by the permit shall be exempt from the tree replacement and tree protection requirements W:\Southiake\Ordinances\trees.final.wpd PAGE 11 7B-13 of Sections 7 and 8 of this Ordinance. For all other pruning for which a tree permit is required, Sections 7 and 8 shall apply. 7.0 TREE REPLACEMENT PROCEDURES 7.1 GENERALLY: If required by Section 6,above,the following procedures shall apply to any person who alters a protected tree for which a permit is required. 7.2 TREE REPLACEMENT: If a person alters a protected tree for which a permit is required, the person shall replace the protected tree with a quality tree as designated in the Landscape Ordinance and approved by the Landscape Administrator. This tree replacement requirement is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. a. Size and Number: A sufficient number of trees shall be planted to equal or exceed, in caliper,. the diameter of each tree altered, measured at 4.5'above ground level. Each replacement tree shall be a minimum of 3" caliper at one foot above ground level, and seven feet in height when planted. b. Location: Each replacement tree should be planted on the same property as the tree which was altered. However, if the replacement tree cannot be planted on the same property in accordance with universally accepted arborists' standards, the Landscape Administrator may: 1. require replacement on private property if also approved by the Chief of Building Services, 2. require replacement on public property, or 3. . require payment to the Reforestation Fund in accordance with Section 7.3, below. C. Responsibility for Replacing Trees: The Landscape Administrator will determine the agent responsible for replacing the trees, the time of replacement, and the location of the replacement trees. The requirement to replace trees shall run with the land. W:\Southlake\Ordinances\trees.final.wpd PAGE 12 7B-14 kd. Delayed Replacement: If the Landscape Administrator approves the planting of replacement trees more than 30 days after the alteration of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees will be planted within six months. The Landscape Administrator may require the person to furnish the City a cash deposit or surety bond in the approximate amount of the cost to replace the trees. e. Duration: A replacement tree that dies within three years of the date it was planted must be replaced by another replacement tree. This requirement runs with the land. 7.3 REFORESTATION FUND: If required by the Landscape Administrator, the applicant, instead of compliance with Section 7.2, above, shall make a payment into the Reforestation Fund or other specifically dedicated fund. The funds shall be used only for purchasing and planting trees on private property approved by the Landscape Administrator and the Chief of Building Services, on public property, for acquiring wooded property which shall remain in a naturalistic state in perpetuity, or for establishing a landscape or wildlife preserve or similar nature area. (W a. The amount of the payment required for each replacement tree shall be calculated based on a schedule published and reviewed annually by the Landscape Administrator which sets forth the average cost of a quality tree added to the average cost of planting a tree. b. The Landscape Administrator shall submit quarterly reports to the City Council of the deposits and disbursements from the Reforestation Fund. 7.4 OFFENSE: A person commits an offense if the person fails to replace a tree or make a payment in accordance with the Landscape Administrator's direction pursuant to this Section 7. 8.0 TREE PROTECTION PROCEDURES 8.1 GENERALLY: If required by Section 6,above,the following procedures shall apply to protect any protected tree for which a permit is required. 8.2 CONSTRUCTION PLAN REQUIREMENTS: All construction plans shall include the requirements listed in Appendix'C.' W:\Southlake\Ordinances\trees.kal.wpd PAGE 13 7B-15 8.3 PROHIBITED ACTIVITIES IN CRITICAL ROOT ZONE: The following activities are prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. a. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation ordemolition shall be placed within the limits of the critical root zone of any protected tree. b. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. C. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature, shall be attached to any protected tree. Fencing attached to a tree via "U" nails or bent nails is allowed only if the fencing is parallel to and contiguous with the tree. d. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of lkw any protected tree other than on existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading,vehicular traffic necessaryfor routine utility maintenance, emergency restoration of utility service, or routine mowing operations. e. Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator. f. Impervious Paving: No paving with asphalt, concrete or other impervious materials that may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this Ordinance. 8.4 PROHIBITED ACTIVITIES IN DRIP-LINE: No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors, and hoists, shall be allowed inside the drip-line of any protected tree on any construction site without the specific approval of the Landscape Administrator. W:1Southlake\Ordinances\trees.final.wpd PAGE 14 7B-16 8.5 PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: The following procedures shall be followed on all types of construction projects ( including without limitation residential, commercial, and municipal / public domain projects). a. Protective Fencing: Prior to construction, the contractor or subcontractor shall construct and maintain,for each protected tree on a construction site, a protective fencing which encircles the outer limits of the critical root zone of the tree to protect it from construction activity. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. b. Bark Protection: In situations where a protected tree remains in the immediate area of intended construction and the Landscape Administrator determines the tree bark to be in danger of damage by construction equipment or other activity, the contractor or subcontractor shall protect the tree by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent is to protect the bark of the tree against incidental contact by large construction (W equipment. 8.6 CONSTRUCTION METHODS: a. Boring: Boring of utilities under protected trees shall be required in those circumstances where it is not possible to trench around the critical root zone of the protected tree. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. b. Grade Change: In situations in which the Landscape Administrator approves the grade change within the critical root zone of a protected tree, the procedures noted in the City's standard detail sheet shall be followed. C. Trenching: All trenching shall be designed to avoid trenching across the critical root zone of any protected tree,unless otherwise approved by the Landscape Administrator. Trenching within the critical root zone requires a tree permit. The placement of underground utility lines such as electric, phone, gas, etc., is encouraged to be located (W outside of the critical root zone of protected trees. Trenching for an W:\Southlake\Ordinances\trees.final.wpd PAGE 15 7B-17 Irrigation system shall be placed outside of the critical root zone, except the minimum required single head supply line is allowed to extend into the critical root zone perpendicular to the tree trunk and in the manner that has the least possible encroachment into the critical root zone. d. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of trenching or other excavation shall be cut off square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure. 8.7 OFFENSE: A person commits an offense if the person violates or fails to comply with this Section 8. 9.0 EXCEPTIONS TO PERMIT FEE REQUIREMENT 9.1. CITY: When altering any protected tree, the City is exempt from the tree permit fee, but must obtain a permit and comply with all tree replacement and tree protection procedures as listed in Sections 7 and 8. Protected trees proposed to be altered must be shown on construction plans approved by (W the Landscape Administrator. 9.2. DISEASED, DAMAGED,OR DANGEROUS TREE: A person is exemptfrom the tree permit fee if altering a diseased, damaged, or dangerous tree pursuant to Section 6.5, above. 9.3 PUBLIC UTILITIES: When altering any protected tree, a public utility is exempt from the tree permit fee, but must obtain a permit and comply with all tree replacement and tree protection procedures as listed in Sections 7 and 8. Protected trees proposed to be altered must be shown on construction plans approved by the Landscape Administrator. 10.0 COMPREHENSIVE TREE PLAN It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update periodically, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs on all municipal/public domain property. The Board shall present the plan to the Council and, when adopted by the Council, the plan shall represent the comprehensive tree plan for the City. W:\Southlake\Ordinances\trees.final.wpd PAGE 16 7B-18 (W 11.0 STREET AND PARK TREES 11.1 ACCEPTABLE TREES: The Landscape Administrator shall maintain a list of trees acceptable for planting on municipal/public domain property. Trees other than those listed as acceptable may only be planted upon written approval of the Landscape Administrator. 11.2 STREET TREE SPACING: The spacing of street trees will be in accordance with recommendations of the Landscape Administrator. 11.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. 11.4 PERMIT REQUIRED: A person,other than an agent of the City, must obtain a tree permit before the person may prune, treat, remove, damage, or destroy a street or park tree (regardless of whether it is a protected tree and regardless of whether if is significant enough to "alter" the tree) within the City. A person commits an offense if the person violates this Section 11.4. 12.0 TREE PRUNING (W 12.1 OFFENSE: A person commits an offense if the person alters.or significantly disfigures a protected tree by pruning. 12.2 PERMIT REQUIREMENTS FOR PUBLIC UTILITIES: Unless pruning is requested by the owner of the tree or excepted from this Ordinance pursuant to Section 3.3.b herein, the public utility shall obtain a tree permit before beginning any pruning (regardless of whether the pruning will alter or significantly disfigure the tree). 12.3 PRUNING TECHNIQUE: When allowed, all pruning shall be conducted in accordance with universally accepted arborists' standards and the recommendations contained in Appendix G. 12.4 REQUIRED PRUNING: The owners of all trees adjacent to public R.O.W. shall maintain a minimum clearance of ten feet (10') above the traveled pavement or curb of a public street. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. (Cross-reference: Section 3.3 of this Ordinance regarding exceptions.) W:\Southiake\Ordinances\trees.final.wpd PAGE 17 7B-19 (W 12.5 TREE TOPPING: It shall be unlawful for any person to top any tree without having a tree permit approved by the Landscape Administrator, unless an exception listed in Section 3.3 of this Ordinance applies. However, if the Landscape Administrator determines that topping the tree is necessary because the tree has been severely damaged by storms or other causes,or is under utility wires or other obstructions, making other pruning practices impractical, the Landscape Administrator may issue a tree permit allowing topping of the tree. 12.6 GROUND LEVEL CUTS: Where protected tree removal is allowed through exemption or by a tree permit, and the root system is intertwined with protected trees which are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, stump grinding shall be allowed or, upon approval by the Landscape Administrator, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without destruction of the root system of the.saved tree. 13.0 TREE PLANTING RESTRICTIONS A person commits an offense if the person: a. plants any required replacement tree within an area such that the mature canopy of the tree will interfere with overhead utility lines; b. plants any required replacement tree or street tree within an area such that the mature root zone of the tree will interfere with underground public utility lines (including water lines, sewer lines, transmission lines or other utilities); C. plants a tree within ten feet (10') of a fire hydrant; or d. plants a street tree closer than 35 feet (35') to any street comer, measured from the point of nearest intersecting curbs or curblines. 14.0 TREE SURVEY REQUIRED BEFORE GRADING A person commits an offense if the person grades or causes grading on any property in the City prior to obtaining a grading permit. No grading permit shall be issued until a tree survey, if required, has been submitted to and approved by the Landscape Administrator. (W W:\Southiake\Ordinances\trees.final.wpd PAGE 18 7B-20 15.0 ENFORCEMENT 15.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless it provides that all construction activities shall meet the requirements of this Ordinance. 15.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of this Ordinance. The Building Official shall make available to the applicant: a. a copy of the tree preservation ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested;and b. a tree protection sign. 15.3 ACCEPTANCE OF IMPROVEMENTS: The City may refuse to accept any public improvements until the person pays all civil penalties for violations of this Ordinance or complies with Section 7 of this Ordinance; provided, however,that acceptance of public improvements shall be authorized before all trees have been replaced if,with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the (W approximate amount of the cost to replace the trees. 15.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy(C.O.)shall be issued until all civil penalties for violations of this ordinance have been paid to the City. No Certificate of Occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Reforestation Fund; provided, however, that a Certificate of Occupancy may be granted before all trees have been replaced if, with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the approximate amount of the cost to replace the trees. 16.0 VIOLATIONS 16.1 Any person who: (1) violates Section 3 of this Ordinance by altering a protected tree without first obtaining a tree permit from the City,or by altering trees in violation of the permit, or(2)violates Section 7 of this Ordinance by failing to follow the tree replacement procedures, shall: a. be assessed a penalty by the Landscape Administrator equal to One Hundred Dollars ($100.00) per diameter inch of the tree(s) altered; and b. be guilty of a misdemeanor and upon conviction shall be fined One Hundred Dollars($100.00)perdiameterinch of the tree(s)altered ,not W:\Southlake\Ordinances\trees.final.wpd PAGE 19 7B-21 i to exceed Five Hundred Dollars ($500.00)per incident. The unlawful alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. 16.2 Any person, firm, corporation, agent or employee thereof who violates any other provisions of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed Five Hundred Dollars ($500.00)for each incident. The unlawful alteration of each protected tree shall_ be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. 16.3 A person is criminally responsible for a violation of this ordinance if the person alters, or permits or causes to be altered, a protected tree without complying with the requirements of this Ordinance. 17.0 SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of 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. 18.0 CONFLICTING ORDINANCES This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Specifically, Section 3.4 of Ordinance No. 585-A,which provides that all developments which have not submitted final construction plans as of December 17, 1997 shall be subject to the requirements for tree protection and replacement specified herein, is saved from repeal, so that it will continue to apply to projects in construction. Further, the first sentence in Section 3.5 c. of Ordinance No. 585-A, which provides that all builders .who have not submitted a request for a building permit as of December 17, 1997 are subject to the requirements of the Ordinance, is hereby saved from repeal. Said sections shall continue in full force and effect. W:\Southiake\Ordlnances\trees.final.wpd PAGE 20 7B-22 19.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for the preservation of trees that 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. 20.0 PUBLICATION CLAUSE 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. 21.0 EFFECTIVE DATE (W 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. This ordinance shall not apply to any development or construction activity performed pursuant to a building permit for which an application was made prior to the effective date of this ordinance. For such development or construction, the requirements of Ordinance 585-A shall continue to apply. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ATTEST: MAYOR CITY SECRETARY W:\Southiake\Ordinances\trees.final.wpd PAGE 21 7B-23 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF L ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attomey Date Adopted: Effective Date: (W W:\Southiake\Ordinances\trees.final.wpd PAGE 22 7B-24 (W Schedule A - SUMMARY OF REQUIRED DOCUMENTS Ref Activity Item Required Document Aerial Map Survey Photo Exhibit RESIDENTIAL SUBDIVISION A. With submittal of a Concept Plan, Site Plan, and Preliminary Yes' Note2 Plat. RESIDENTIAL HOMES B. With submittal of a building permit request for any construction Yes that occurs within forty feet(40')of any protected tree on lots Yes' 20,000 square feet or larger, COMMERCIAL DEVELOPMENTS C. With the submittal of a Concept Plan, Site Plan and Yes-3 Yes Preliminary Plat. COMMERCIAL BUILDERS D. With submittal of a Concept Plan, Site Plan and Preliminary Yes3 Yes Plat for building permit request. UTILITY COMPANY (W E. With request for tree removal or pruning to maintain services. Yes Notes: 1.The aerial photo must be accompanied by a transparent plan of the development(at the same scale as the photo)showing all information required by this Ordinance. 2. The Landscape Administrator has the authority to require a detailed tree survey on particular areas when determined to be needed to evaluate the impact on trees. 3. The Landscape Administrator may approve an aerial photograph in lieu of a tree survey for large heavily wooded areas or large projects completed in phases. L W:\Southlake\Ordinances\trees.final.wpd PAGE 23 7B-25 v Schedule B - SUMMARY OF DOCUMENT REQUIREMENTS Ref Required on Document Item Aerial Map Survey Photo . Exhibit 1 1 Yes Yes I Appropriate Title(i.e."Tree Removal Map Exhibit,"or"Tree Survey") 2 Yes Yes Title block which includes street address, lot and block, subdivision name, city and date of preparation. 3 Yes Must be prepared by a licensed surveyor, licensed architect, or, depending on the number of trees, another person if approved by the Landscape Administrator 4 Yes Yes Yes North arrow, graphic and written scale in close proximity 5 Yes Scale at a size no larger than 1"=200'(i.e. 1"=100'OK) 6 Yes Yes Name, address and phone of owner and person preparing the document 7 Note' Yes Yes Location of all ROW lines and public easements 8 Yes Yes Location of all buildings, structures, pools, parking and other (W improvements which are existing or intended on the lot 9 Yes Areas of cut/fill with amount of each shown and flow lines shown 10 Yes Existing and proposed spot elevations,grades and major contours, along with existing landscaping, streams, ponds and major natural features. 11 Yes2 Yes2 Yes2 Areas of no disturbance labeled as"No Disturbance Area." This area must be clearly marked on the plan and surrounded with protective fencing on the ground. A single incidence removal of underbrush and vines is allowed, subject to the requirements of Section 6.3. 12 Yes All protected trees shown individually on the plan.3 Trees in close proximity that all have a caliper of less than four inches (4")may be designated as a group of trees with quantity of quality, marginal and understory trees shown. (see appendix'A') 13 Yes Yes Trees must be tied by horizontal control (i.e. dimensions from lot lines, or placed through coordinates determined via survey.) 14 Yes All protected trees shown with diameter(4.5'from the ground), common name and condition. 15 Yes Any proposed replacement trees shown with caliper size,common name of tree and mature size. 16 Yes Yes Yes Graphic representations as required by Appendix"H"herein. 17 Yes Phasing of tree survey along with phasing of the development is permitted. W:\Southlake\Ordinances\trees.final.wpd PAGE 24 7B-26 • v (W Notes: 1. The aerial photo must be accompanied by a transparent plan of the development(at the same scale as the photo)showing all information required by this Ordinance. 2. The Landscape Administrator shall have the authority to designate areas as"no disturbance"areas where a tree survey would not be required due to no intended construction. 3. An area may be designated as a"No Disturbance Zone"on the plan when approved by the Landscape Administrator and trees within that zone are not required to be individually identified on the plan. W:\Southlake\Ordinances\trees.final.wpd PAGE 25 7B-27 City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-092 PROJECT: Site Plan—Southlake Marketplace, Phase III STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Southlake Marketplace, Phase III, on property legally described as Lots 5 and 6, Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, and being approximately 10.067 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the south side of West Southlake Boulevard (F.M. 1709) approximately 500' east of Davis Boulevard (F.M. 1938). OWNER: Southlake Joint Venture APPLICANT: Michael F. Twichell, L.P. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Eight (8) RESPONSES: One(1)response was received from within the 200' notification area: • R.B. Goode, Route ],Box 215H, Canton, TX , in favor, "No objection." (Received November 4, 1999.) A petition,with eighty-six(86) signatures,was received on December 2, 1999, opposed. See attached petition. P&Z ACTION: November 4, 1999; Approved (7-0) subject to Site Plan Review Summary No. 3, dated October 29, 1999, deleting Items #l.c (masonry construction), #2.a(parking spaces), and#3 (bufferyards). COUNCIL ACTION: December 7, 1999;Approved(4-1)to table and to continue the Public Hearing to the January 4, 2000, City Council meeting. 1L•� City of Southlake, Texas January 4, 2000; Approved (6-0)the applicant's request to table and to continue the Public Hearing to the January 18, 2000, City Council meeting. STAFF COMMENTS: Attached is Site Plan Review Summary No. 5,dated January 14,2000. NACommunity Development\WP-FILES\MEMO\99CASES\99-092SP.doc 'I C-Z � f COPY December 1, 1999 �1 L V 60 &I'lL4t �- DEC Southlake City Council Southlake Texas Ladies and Gentlemen: We the undersigned wish to convey our grave concern with the proposed building of a Hobby Lobby store on the corner of Southlake Boulevard and Davis. This proposed store would create a safety hazard, decrease property values and ultimately destroy the uniqueness of Southlake. This store, if built at the proposed site, would increase traffic in an area, which already has a high volume of use. It would overtax the current infrastructure,lead to greater traffic congestion in an already overcrowded area and increase the potential for more traffic accidents. This store,if built at the proposed site,would be an"eyesore". Its location, so close to residential properties, would have a very negative impact on these properties. No one, but no one wants to live next to 50,000 square foot"trinket"warehouse. This store, if built, would create a large"strip mall"atmosphere on Southlake Boulevard. Most of us moved to Southlake to avoid the large these large, impersonal"strip malls". If this store is built, it will turn Southlake into just one more city filled with"strip malls", just like Plano. We strongly request that the City Council of Southlake,Texas deny the petition that a Hobby Lobby store be built at the comer of Southlake Blvd. and Davis in the interest of safety,the homeowners in the surrounding area,and keeping Southlake a unique community. �C-3 � TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Na Address Phone 27 jqf1e"&'L'P' 4-�.LC� /7QGcrc. (�C�d-4s'•-"' 6 Gl��l.�-4. �'Y 7"�� SS�� 6. .� SZ/ 7. 8. S' :sow .S7du.� �-4._ z y--56 . - T'y jGy ! ( 4' ✓d 12. ' G� 7 i i 4( ,, .�5 �D� yz, _ 13 t 14. 16. 17. 18. (L�PvtT&( 19. 20. ( � L � 1C-� [ l TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety,traffic congestion and quality of life. Name Address Phone 1. 2. ( � e 3. Cal /� Q-� ),�-q 73-70 7. 152,3 Tr,c�1 cc�,-� �rr,�jyt 4 lc�•c c 8 10. I ffi�� ,v�cep►, �21 cr l 1. &f ftk:k 21 & 12. �u*z'`r 13. Or�Glnnnl �+ 14. ,� ' F"it:) :''''l !`il r� 1'�7�►Pt�.r.•tr V •( . 'i�2.:: -lcil'7 LA 16. 18. ` r �- o Ij rleaha-W�a✓'K Ua. 29-22(p U 19. /1 ha LIC c , �C 5 TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning. only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name A ss Phone Z10 Ra /P��P C -�Zg'g-8-z3 4.9t4 V C�� I Cr,l c f -&a k �S.� j t 01� 6. 14 v-? 8. A4 / 1�l/� 10 6 /. 12. 13. Ott L44/voPZ--T- 01 17. a F� E�� /h-- IPU d�lc��,/2�Lc�,�L�� Z19. 21-05 (010 20.E �� ,�_ ��z �R�w�� lzl - 001f) `3 /�l� j2Av16 &4 , 37 z, 7C-� TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety,traffic congestion and quality of life. Namq Address Phone 3' 5 jS 2._1��n9:.�' a llck,r'�� _1Y20 n, 3 041 5. 6. 8. 9. /qws- "aP17d Lou 4` a S 6 LL''-- 3 10. , J F'furI�-4, qo q 1 /6 Od Sfon'j, .) 13. - 14. mil j� r�.... - CG I L ?Cy 16- PEAL,? �i� �Z\-� �� 15. M. 17. 18. 19. 20. 1(�'7 TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name Address Phone l. l0 t 1 285 17- r ,, .., ; � �� '�;l/ice ` � ��:'�;�� t,,.�i• � - � � . < i I 6.t�i •�r% /'. Ltr; : ,K� , ��zr-7�' �J: ; l�� j 1�f f r( . 7. ro i 9. art►. �'._.� - 'f�l r'',u,( -y-L ;`!: i_: 'y - �-?E,L 10. 1•? _ i_! ' u 12. 13. 14. 15. 16. 17. 18. 19. 20. Mile ON AD Who OWN a rr All l . MAN MA In i _ __ �� ire =,.,, ;�� I��' ■%■ �/■■■� � ... ,�:--�. `ice.. � CAI\•!f 20 +� ,� TR f A t ti R to COMMON PRNATE OPEN SPACE .11 Ac /3 es nC-2„ --1 SCHLOTZSKY'S ,>v „ REAL ESTATE 1 1 �11C-2 INC. CITY OF T 3 I { l�T—nn \SOUTHLAKE �9 I 1 CITY OF L LUDWIG 1 y 'SOUTHLAKE �1' PARTNERS LTD i y CITY OF 11 AG 11 SOUTHLAKE 5 .66 O VENUS PARTNERS IV LP ' 1 3� 1 i R.GOODE I � �. „C-3„ 1 1 i � 1 I MCDONALDS 1 1 CORP. I 1 I I aC-3„ 1 1 I 9 R 5 1 4iiw1 i 1 ' ALBERTSON'S INC. �2 1 1 1 �1j4L G E 1 1 1 OR 0 21 y S��J i ! ► { f 2 B T—T 1 SOUTHLAKE WOODS 11R 1 I 1 1 R t a+ ► 1 I � 1 2.560 O 1 n S F—20/� „ 12R 3 � 1 /'1 1 I I I 13R 11SF-20A" I 1 � I TR ZA1 � { 3.63 AC SOUTHLAKE WOODS i I { 1 14 I I � 1 I .390 AC 1 i 1 ADJACENT OWNERS AND ZONING { f TR 2M 1 1 III � All, t. \ c IlkAL � I 45- N 1. I`-� `_ � tau ,�i Z I O cl -•IT..i•, � --' I r- � T� � i r IN uj Y' j^ ;t ♦��` --- 5Z of q, , y of,r � � \ •:♦ `♦<` -_C -40 to Drews Realty Group Real Estate Investment and Development January 12,2000 Mr. Dennis Killough Senior Planner City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake,Texas 76092 Re: ZA99-02 Site Plan Review Summary No. Four Dear Dennis: Regarding Review No.Four,we have the following comments that update our letter of December 7. These changes incorporate various requests made by homeowners and the City Council plus we have met with City Councilperson Edmundson and addressed her specific concerns.. The changes made include(1)wrapping the steel columns at the front of all of the retail buildings with stone(2)adding more pilasters to the Hobby Lobby building (3) making the front of the Hobby Lobby building 100% stone like the front of the Albertson's building(4)adding stone to more pilasters,architectural elements and color to the east and south elevations of the Hobby Lobby building and (5)reducing the height of the entry tower to Hobby Lobby to the same height as Albertson's. in addition,we have delivered to you revised color elevations of the Hobby Lobby building that show these changes. Also, we agree to plant trees along the screening wall in the 1+acre triangular shaped land area south of the service drive for the purpose of further screening (the type, size and number of trees to be worked out with the City Landscape Administrator). La. No variance for the columns is any longer requested. Lb. Articulation Charts Elevations for Retail B and Hobby Lobby P.7B-14 -we request a variance for both horizontal and vertical articulation for these buildings with articulation to be as shown on the color elevations submitted. Elevations for Retail A-P.7B-15 -As discussed at the December City Council meeting,,given the "articulated" appearance provided by the angular shape of this building and its three towers, we request a variance for the minor variations that exist with articulation. Elevations for Retail C-P.7B-16-As discussed at the December City Council meeting,we request a variance for the articulation for this retail building based on the fact this building would completely articulate per the ordinance if the covered walkways over the Front,Left and Right facings did not "penalize" us for the articulation provided on the facing walls behind the sidewalk they cover. PICO iAN 13 2000 580 Commerce Street, Suite 400• Southlake,Texas 76092-9113 0 Telephone: (817) 251-2258• Metro: (817) 329-1684 • Fax: (817) 416-8418 I.C. We request a variance to allow our use of concrete tilt wall that will be finished with a"stucco type" coating. The appearance that will result is illustrated by the color elevations we have provided. 2.a. Variance requested as provided for in the Zoning Ordinance. 2.b. Acceptable 3. This variance request allowing relocation of the bufferyards is needed given the phased development of the shopping center. 4. Drawings will be provided as requested. 5. Maintenance Agreement with adjacent residential developer is acceptable. 6. Acceptable. If you have any questions or comments,please let me know. Sincerely, levelsoLpment rou Manager JD/]sb (WI IC-13 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-092 Review No: Five Date of Review: 1/14/00 Project Name: Site Plan—Southlake Marketplace Ph 3,being Lots 5 & 6, Block 1, Southlake Crossing Phase 2,in all being 10.067 acres. APPLICANT: ARCHITECT: Drews Realty Group Michael F. Twichell, L.P. 580 Commerce Street, STE 400 3624 Oak Lawn, STE 320 Southlake, TX 76092 Dallas, TX 75219 Phone : (817) 329-1684 Phone : (214) 521-3066 Fax : (817)416-8418 Attn: John Drews Fax : (214) 599-0583 Attn: Terry Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/12/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880. General Development Standards Applies Comments Corridor Overlay Regulations Yes* See Comment No. 1 Residential Adjacency Yes* See Comments No.4&5 Building Articulation Yes See Comment No. 1 Masonry Standards Yes See Comment No. 1 Impervious Coverage No Complies with existing Concept Plan Bufferyards Yes* Complies with existing Concept Plan Interior Landscape Yes* Complies with existing Concept Plan Driveways No Complies with existing Concept Plan * Applies to the extent that the buildable area of the site is not affected. 1. The following changes are needed regarding the elevation drawings: a. Provide horizontal and vertical articulation meeting the requirements of Ordinance 480, Section 43.9.c.l.c. on all building facades. Compliance is indicated on the attached articulation chart. (Variance Requested) b. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is required on all proposed buildings.The applicant has indicated that a concrete tilt wall panel with a"textured"type finish is proposed on a number of wall sections. (Variance Requested) (P&ZAction, 1114199: Delete) 1C��I City of Southlake, Texas 2. The following changes are needed regarding parking: a. A total of 486 parking spaces are required. The applicant has requested a upto a 10% reduction in required parking as allowed by Sec 43.9b of the Zoning Ordinance. (Variance Requested) (P&ZAction, 12114199: Delete) b. In the Site Data Summary Chart, correct the provided parking on Lot 5 to 403 spaces, on Lot 6 to 42 Spaces and the cumulative spaces within the site plan to 445 spaces. * The applicant should be aware that required parking has been determined from the uses shown on this plan. Required parking is evaluated with each request for a C.O.for each individual tenant. Any change in tenants from what is shown such as a medical office or restaurant use, may increase the total required number of parking spaces that must be provided within the shopping center. 3. The applicant proposes relocation of the bufferyards located on the interior lots of the development as noted in the bufferyard chart on the plan. (Variance Requested) (P&ZAction, 1114199: Delete) 4. Screening walls for loading docks must be of sufficient height and design to completely screen the entire dock and loading space from view by the residential properties. The topography of the property to the south of this site may be such that additional wall height may be required to achieve the necessary visual barrier. Provide line of sight drawings and/or other suitable information to confirm that this requirement will be complied with. 5. An"FI"fence(minimum 6' wood fence) and 8' screening is required along the south property line adjacent to the residential properties. An 8'masonry wall has been constructed by the adjacent residential developer as a requirement of their development. Rather than having two fence structures in this location, staff recommends that a maintenance agreement be made between the two properties. 6. All new lighting must comply with the provision of the lighting Ordinance No. 693-B. P&ZAction, November 4, 1999:Approved(7—0) subject to Site Plan Review Summary No. 3, dated October 29, 1999, and as noted above. 'IC•i5 City of Southlake, Texas — * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a fully corrected'site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Street Impact Fees, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Drews Realty Group VIA FAX: ABOVE Michael F. Twichell, LT VIA FAX: ABOVE NXOMMUNITY DEVELOPMEI MWP-FILES\REV\99\99092SP4 SOUTHLAKE MARKETPLACE PH3.DOC Articulation'Evaluation No.5 Case No. ZA 99-092 Date of Evaluation: '1/14/00 Elevations for Southlake Crossing Ph 3j Received:1/12/00 Retail B&Hobby Lobby Front-facing: North wall ht. _ 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 165 139% No 69 84 22%, No Min. artic. offset 3 3 0% Yes 3 3 0k Yes Min. artic. length 17 57 235% Yes! 10 14 40$ Yes4 ! Rear-facing South wall ht. = 28 ! Horizontal articulation Vertical articulation I Required Provided Delta Okay? Required! Provided Delta Okay? Max. wall length 84 58 -31%- Yesi 84 58 -31t Yes Min. artic. offset 4 4 0%- Yes 4 4 0% Yes Min. artic. length 8 17 113%- Yesj 8 17 113% Yes Left-facing: East Wall ht. =j 28 Horizontal articulation Vertical articulation Required Provided Delta Okay?! Required Provided Delta Okay? Max. wall length 84 81 -4% Yes 84 81 -4$ Yes .,, Min. artic. offset 4 5 25% Yes 4 5 25% Yes in. artic. length 20 23 15% Yes 20 20 0%- Yes '�-11 Elevations for Retail A ! � 1 Front-facing: West wall ht. = 23 _ Horizontal articulation Vertical articulation Required; Providedl Delta ay? Required ProvidedI Delta Okay? Max. wall length 69 791 14% No 69 64 -7% Yes? Min. artic. offset 3 14 49% Yes 3 3 0%- Yes, Min. artic. length 17 61 259%- Yes li 14 27%- Yest � 1 Left-facing North wall ht. = 19 Horizontal articulation Vertical articulation Required Provided' Delta Okay? Required t Provided]D{ Okay?I Max. wall length 57 60 1 5% No 57 41�-28% Yes Min. artic. offset 3 4j 33% Yes 3 4 33%r Yes Min. artic. length 14 20 43% Yes 14� 20 43% Yes Right-facing: South wall ht. = 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 66� -4% Yes 69 24 65% Yest Min. artic. offset 3 4 33% Yes( 3 4 33%t Yep Min. artic. length 17 32` 88%� Yesl 6 14 133% Yes Left-facing: East wall ht. 23 Horizontal articulation - � Vertical al articulation Required Provided' Delta Okay? Required Provided Delta Okay? Max. wall length 69 69 0% Yes£ 69 69 0% Yes Min. artic. offset 3 4 33% Yes 3 4 33% Yes` Min. artic. length 16 17 6% Yesj 16 - _ 17 �6%-1 Yes€ I`;18 Elevations for Retail C Front-facing: North wall ht. _ 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required-`- Provided! Delta Okay? Marx. wall length 48 73; 52% No 48 28 -42%��YeMin. artic. offset 2 0 49$ No 2 3 50% , Min. artic. length 12 0 -100!k Noi 7 23 229% Yes( Left-facing East Wall ht. = 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Requiredl Provided Delta Okay?` Max. wall length 48 1 76�^ 58� No,w^ 48 21 56% -Yes! Min. artic. offset 2 0 100%1 Noj 2� 2 0%. Yesl Min. artic. length 12 0 -100%- No 3 _ 7 133% Yesi Right-facing: West wall ht. 16 Horizontal articulation Vertical articulation Required Provided Deltaj Okay? Required Provided Delta Okay? Max. wall length 48 t 761 58% No 48 21 -56% Yes` Min. artic. offset 2 05 -100% Nol 2 2 0%- Yes Min. artic. length 12 0 -100� Nol 3 7 133%= Yes1 „Rear-facing: South Wall ht. _, 161 I Horizontal articulation Vertical articulation I Required Provided Delta Okay?; Required. Provided Delta( Okay? 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OM8 3kV1HInOS A I I - 1 } • _ City of Southlake, Texas MEMORANDUM January 14, 2000 To: Billy Campbell, City Manager I From: Charlie Thomas, City Engineer Subject: Ordinance No. 717-B, 2nd Reading, Amending Ordinances 717 and 717-A and Chapter 18, Article I1I, Section 18-79 of the Southlake ' City Code; designating the speed limit within Cross Timber .:fills subdivision and Oaktree Estates Addition as 25 mph. Action Requested: Consider amending ordinance 717 to designate all streets within the Cross Timber Hills Addition, specifically Morgan Rd, Forest Lane, Lakeview Dr., Hidden Glen Ct., Wood Creek Lane, Cross Timber Dr., Twin Creek, Woodbrook Lane, Woodbrook Ct., Holland Hill, Estalla Way, Ten Bar Trail, Ten Bar Ct., Meadow Glen, and Glen Cove, as 25 miles per hour speed limit and designate all streets within Oaktree Estates, specifically Westmont Dr. Westmont Ct., Kings Brook Ct., Kings Brook Dr., Milton Drive, Lakeside Ct., Forrest Hills Ct., and Forrest Hills Drive. Background Information: City staff, Department of Public Safety, and Public Works, have been working with the Homeowners Association to investigate and reduce the speeding problem in the Cross Timber Hills and Oaktree Estates. DPS has placed the "smart trailer" and conducted additional enforcement to attempt to educate the offending drivers. City offices have received letters of request for the City to consider reducing the speed limit to 25 mph. City Council approved V Reading of Ordinance No. 717-B on January 4, 2000. The City Attorneys have made changes in wording, not meaning since the 1" reading. 7D-1 Financial Considerations: The cost of the signs will be in the range of$400 to $600, depending upon the number needed. This amount of funds is available in the current budget. Citizen Input/ Board Review: City staff has been working with the Homeowners Associations. Legal Review: Legal staff is reviewing the amended ordinance. Alternatives: None. Supporting Documents: Ordinance 717-B Map Exhibit Staff Recommendation: Staff recommends that this request for Ordinance 717-B, amending Ordinance 717-A, establishing the speed limit in Cross Timber Hills Addition and Oaktree Estates, be 25 miles per hour be placed on the January 4, 2000 Regular City Council Agenda for consideration. Should City Council approve the request, City Council will need to state that the speed limit has been lowered to 25 miles per hour due to the special hazard that exists. Charlie Thoma , P.E. City Engineer 7D-2 ORDIN ANCE NO. 717-B AN ORDINANCE AMENDING CHAPTER 18, "TRAFFIC AND VEHICLES", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE CROSS TIMBER HILLS AND OAKTREE ESTATES AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,pursuant to Section 545.352(b) and 545.356, Texas Transportation Code,the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS,the City has conducted an engineering and traffic investigation and study to determine a prima facie maximum speed limit which is reasonable and safe within the Cross Timber Hills and the Oaktree Estates subdivisions within the city limits of Southlake. WHEREAS, the prima facie maximum reasonable speed limits adopted herein are not in conflict with any order of the Texas Transportation Commission declaring speed limits along any roadways within the city limits of Southlake; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. SPEED LIMITS ESTABLISHED (O-W That section 18-79 of Chapter 18, "Traffic and Vehicles", of the Southlake City Code is amended by adding the following streets and speed limits to the list of designated streets regulated therein: 7D-3 Street Speed Limit (mph) All portions of streets located within the Cross 25 Timber Hills Addition, specifically Morgan Rd, Forest Lane, Lakeview Dr., Hidden Glen Ct., Wood Creek Lane, Cross Timber Dr., Twin Creek, Woodbrook Lane, VN'oodbrook Ct., Holland Hill, Estalla Way, Ten Bar Trail, Ten Bar Cr., Meadow Glen, and Glen Cove, and designate all streets with Oaktree Estates, specifically Westmont Dr. Westmont Ct., Kings Brook Ct., Kings Brook Dr., Milton Drive, Lakeside Ct., Forrest Hills Ct., and Forrest Hills Drive SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE 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 4. SEVERABILITY CLAUSE 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 its ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5. PENALTY Any person,firm or corporation who violates,disobeys,omits,neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two hundred dollars($200.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 7D-4 PASSED AND APPROVED ON SECOND READING ON THIS LW DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: (Owl City Attorney 7D-6 IL City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-090 PROJECT: Development Plan - Lots 1 - 4, Block 1, Sabre Corporate Campus STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Development Plan for proposed Lots 1 -4, Block 1, Sabre Corporate Campus, on property legally described as Lot 4, Block A, MTP- IBM Addition No. 1, an addition to the City of Southlake, according to the plat recorded in Volume 388/211, Page 68 and 69 of Plat Records, Tarrant County, Texas and as recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas; Tracts 1, 1Al, 1C, 2A1, 2A2, 2A3, 2A4, 2A4A, 2A5, 2A5A, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and 1 C situated in the James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3A1, 3AlA, 3A1A2, 3AIB, 3A3A1, 413, 4131, 4131C,4132, 4132A, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 154.8 acres. PURPOSE: Development Plan approval is rquired prior to site plan approval and issuance of a building permit. LOCATION: On the southeast corner of the intersection of State Highway 114 and Kirkwood Drive. OWNER: Maguire Partners APPLICANT: The Sabre Group CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District with "0-2," Office District uses and certain other permitted and accessory uses set forth in Exhibit"B,"Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses. LAND USE CATEGORY: Mixed Use, Medium Density Residential, 100 Year Flood Plain 'IE-1 City of Southlake, Texas NO. NOTICES SENT: Six (6) RESPONSES: None P&Z ACTION: January 6,2000;Approved(7-0)subject to Development Plan Review Summary No. 3, dated December 30, 1999. STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated December 30, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-090SP.doc 1E-Z City of Southlake, Texas Tract Map ZA99-M Ii BASSLI I I ~: I 1_ _ --- --- Q r T -- -- p UI: -- -_LEH- - � -oovE rTT T611�41 7J 0.5 0 0.5 1 Wes N W E S 10 City of Southlake, Texas Surrounding Property Owners ZA99-090 JU 3 4 2 1 5 10 11 15 14 13 Property Owners Zonin Land Use Designation 1. MTP-IBM Phase II&III JV 1."NR-PUD" 1.Mixed Use 2. Brazos Electric Power Corp. 2. "NR-PUD" 2.Medium Density Residential 3. A.Oien 3. "AG" 3. Medium Density Residential 4. U.S.A. 4. "AG" 4. Corp of Engineers Boundary 5. MTP-IBM Phase II&III JV 5."NR-PUD" 5. Medium Density Residential 6. MTP-IBM Phase II&III JV 6."NR-PUD" 6.Medium Density Residential 7. MTP-IBM Phase II&III JV 7."NR-PUD" 7.Medium Density Residential 8. IBM Corp. 8."NR-PUD" 8.Medium Density Residential 9. International Business Mach 9."NR-PUD" 9.Medium Density Residential 10. MTP-IBM Phase II&III JV 10."NR-PUD" 10.Medium Density Residential 11. MTP-IBM Phase II&III JV 11."NR-PUD" 11. Medium Density Residential 12. Conn-Anderson Homes,Inc. 12. "R-PUD" 12.Medium Density Residential 13. MTP-IBM Phase II&III JV 13."NR-PUD" 13. Mixed Use 14. International Business Mach 14."NR-PUD" 14.Mixed Use 15. International Business Mach 15."AG" 15. Mixed Use N:\Community Development\WP-FILES\NOTICE\99Exhibits\99090DP.doc VA t W 2 H F rr aiF Cop- sab m J < (ag fit• .�— �. Um`armI ;pill A j MY m ,� Qz�i, >° I's we s3nyns nrbwsM cn<x_0 I I1. .Mo ui ,T. , / j s� q� If •�; o,z fiqS CO t >- T•�I� ��Q on � j, �1 ,gypLU O 10 z m f 2 ci r � _ i u - 0 I�IA n 7* - 1 ,1 rt ' H," EffrT E3y mob' N�6 r I� � par��' a�ur d - u� w ��IQIII�I�.�II ti ,It �n�rinrir�hdAnnnn_u• � _,. n9dndtl�n[ih�rn�+r�M�H_M�er�r_• � � � re p�nr nC�_r._�h he nh�i- � • tl�IA11 11AA11 1 �AItA1A�nAA!�AAIA.A11 aA11 III�IIAIAAI �iCJ��"C7 r n��' �1 �1 AAA II�A�A�II�A�� ee��@�E�@��:peeeeeee�eeeeaee�e�t��@p@@@��@�ee2aae�e ��A��N11�!11�! F'�^•�"'��N�pa�na " `��•~" �n �- �� ~ d �� o� �� .� pp.� �,NN,IIII rncrr�r��r� rr�� i�rru �ir�iri Grr firri��rnY�i�rrr��C�� NIl'rr��rr fi�� '��011 iiG�r, nnrr,e 14 ��Pa��eE au v d rnrrne ��nrnn�rnhrNrnh��hEeinrnnC .....duG...'..... n'i1ti�PFnr��a:L:■.�bu�. � n�nEeF CC�C' E CE 'uy:� 5 �d w_■ ��o, '?l'�■��_n 5 II�I�AA�AI�I�A�lA�1l�AI�IIA�AA�A1�11��II�I�AAAI�AIAII�A�� EIA��IAII�IAAAA �w! G CCCGC CC � pE L'2CCCCtGCt CCCCCCC CC � �e �� :eECCCGCCtGC CEEC�CCECC�C2}C 2� ett� � CGGGGtCCte�'e 1 N - p • BROCKETTE • DAVIS • DRAKE, int. . consulting engineers January 4, 2000 Ms. Lisa Sudbury City of Southlake 1725 E. Southlake Blvd. Southlake,Texas 76092 Re: Sabre Group Campus Development Plan Case No.ZA-090 BDD Project No.C99201 Dear Ms. Sudbury: The following will be incorporated into the Development Plan for Sabre Group Campus: 1. Interior landscape chart will be checked and the appropriate revisions will be made_ 2a. The curb radii will be revised to reflect a 30'interior radius on the curbs. 2b. The parking space requirement will be revised on Building"B"from 674 to 675. The informational comments are noted. Thank you for your time. If there are additional comments,please feel free to call. Sincerely, BROCKETTE-DAVIF IS-DRAKE, INC James A. Riley, P.E. Project Director JAR/ab CD Civil & Structural Engineering • Surveying 4144 North Ccncral Expressway, Suite 1 100 • Dallas, Texas 7S204 DataXdvd%C992011 orrtSabre Case*ZA•090 itr 01 04 00 (214)824-3647 • Civil/Survey Fax (214) 824-7064 • Structural Fax (214) 824-2586 W-7 20'a b902,+t E8+b T 2 DN I `3>i*JJQ—S I nUG-3113ADOJE bS:S T 000Z—VO—NNI ` City of Southlake, Texas DEVELOPMENT PLAN REVIEW SUMMARY IL Case No.: ZA-090 Review No: Three Date of Review: 12/30/99 Project Name: Development Plan—Sabre Group Campus,Lots 1 —4,Block 1, Sabre Group Campus APPLICANT: ENGINEER: The Sabre Group Brockette,Davis,Drake,Inc. 4255 Amon Carter 4144 N. Central Expressway, Suite 1100 Fort Worth, Texas 76115 Dallas, Texas 75204 Phone: (817) 963-1118 Phone: (214) 824-3647 Fax: (817)967-4914 Attn.Jeff Stewart Fax: (214) 824-7064 Attn.Jim Riley CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/20/"AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. Individual Site Plans will be required for each phase of construction prior to the issuance of a building permit. General Development Standards Applies Comments Corridor Overlay Regulations N Complies with NR-PUD&Concept Plan. Residential Adjacency N Complies with NR-PUD&Concept Plan. Building Articulation N Complies with NR-PUD&Concept Plan. Masonry Standards N Complies with NR-PUD&Concept Plan. Impervious Coverage N Complies with NR PUD&Concept Plan. Bufferyards N Complies with NR-PUD&Concept Plan. Interior Landscape N Complies with NR-PUD&Concept Plan. Driveways N Complies with NR-PUD&Concept Plan. Lighting Y Lighting to be evaluated with individual site plans. 1. The interior landscape chart on the Site Plan differs from the ones shown on the Development Plan. The Site Plan appears to be correct. Insure that interior landscaping is provided at 50%of the largest floor area of each structure(excluding parking garages). 2. Make the following changes to the graphics: a. There are some discrepancies between the curb radii dimensions adjacent to the fire lanes shown on the Development Plan versus Site Plan submittal. Insure compliance with current fire lane standards. 1 1 - City of Southlake, Texas b. Correct the parking space requirement on Building B, from 674 to 675. Make all necessary adjustments as needed. (NOTE: Always round to the next highest number when there is a fraction of a space required.) NOTE: The proposed Temporary construction compound, located within Lot 4,Block 1, is within a designated natural area per the approved concept plan and per the NR-PUD regulations may be permitted by site plan approval. (Planning and Zoning Commission Action:January 6, 2000, Approve (7—0) subject to Development Plan Review Summary No. 3, dated December 30, 1999.) * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee,Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment NACOMMUNFFY DEVELOPMENIIWP-FILES\REV\99\99090DP3.DOC 2 1E-� City of Southiake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-090 Date of Review: 12 -9 - 99 Number of Pages: 2 Project Name: Sabre Group Campus (Development Plan) OWNER: PREPARED BY: The Sabre Group Brockette,Davis, Drake, Inc. 4255 Amon Carter 4144 N. Central Expwy, Suite 1100 Fort Worth, TX 76115 Dallas, TX 75205 Phone: (817) 963-1118 Phone: (214) 624-3647 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIlVIE OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848. TREE PRESERVATION COMMENTS: 1. The applicant submitted a Tree Survey and an aerial photograph which both meet the requirements of the Tree Preservation Ordinance. 2. As the Grading Plan shows the amount of grading has decreased significantly since the last submittal. It looks to be confined to the R.O.W. and immediate vicinity of the buildings. Although some protected trees outside the building pads and R.O.W. will still be removed, the proposed grading reduces disturbance to the surrounding topography and existing trees. Please show the proposed grading in the R.O.W. of Kirkwood Hollow and the construction staging area. 3. The existing trees within the proposed construction staging area have been counted and measured by the Landscape Administrator. The existing trees within proposed construction staging area are proposed to be removed for the placement of the construction trailers. The trees in the area have been counted and measured by the Landscape Administrator and BECK. Twenty-one (21) protected trees with a total of 287" diameter inches would have to be removed. If these trees are removed they,will be required to be mitigated according to the regulations of the Tree Preservation Ordinance. 4. When the'Construction Plans are submitted for review for a Building Permit, Staff would like all trees proposed to be mitigated identified and shown on the plans. Also a Tree Mitigation Chart calculating the total amount and diameter inches of protected trees removed should be shown on the plans. This will eliminate any guessing and determine a set number on how many trees will be removed and replanted. Staff has been working with the Hillier Group to conduct the design of the plans. BUILDING INSPECTIONS 7E-ID City of Southlake, Texas .5. A Tree Protection Plan will be required to be submitted with the Construction and Building Plans. The plan must show the limits of construction, all areas of preserved trees, location of construction areas, construction equipment placement and storage, and placement of required tree protection fencing. 6. When the Construction and Building Plans are submitted for review the Tree Survey should be submitted in sections and enlarged for each area of proposed construction. It would help if the trees were physically tagged with a survey number so they can be located easier. Tagging the trees also provides future maintenance benefits. * All area within public R.O.W.,public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement specified in the Tree Preservation Ordinance. * Except for issues outlined in the PUD Development Standards, all requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of the property. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. IL BUILDING INSPECTIONS • saa;asnbpaaH a;Baodxa' r ! V J i ` a a Raw offYa A �{�f�� aYt1 Ira f'a flea!f a ryas v ! lilt III Vil m. CL � a p R X - E) WO ° Q F NJ M 20a 0 a ! � a � 0 0 Ro [L 2 � 0 m O � a 6 W � � 6 ] Jill� a a � m o '�E 12 saajaenbpeaH ajuaodao-) a. 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P. Martin Survey, Abstract No. 1015; and portions of Tracts 3AIB,4B, 4131, 4132, 4B 1 C, 4132A, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 35.99 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On Kirkwood Drive approximately 800' east of State Highway 114. OWNER: Maguire Partners APPLICANT: The Sabre Group CURRENT ZONING: "NR-PUD" Non-Residential Planned Unit Development District with "0-2,"Office District uses and certain other permitted and accessory uses set forth in Exhibit`B,"Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses. LAND USE CATEGORY: Mixed Use, Medium Density Residential, 100 Year Flood Plain NO. NOTICES SENT: One (1) RESPONSES: None P&Z ACTION: January 6,2000;Approved(7-0)subject to Site Plan Review Summary No. 3, dated December 30, 1999, specifically approving the plans as submitted and accepting the applicant's commitment to comply with Lighting Ordinance 693-B. I City of Southlake, Texas STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated December 30, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-091SP.doc 11"2 City of Southlake, Texas Tract Map ZA99-091 ------------ rA- Jr� -- L - -- IT - -I 0.5 0 0.5 1 Niles N W E S IF 3 City of Southlake, Texas Surrounding Property Owners ZA99-091 z m 1 2 5 3 20 a Property Owners Zonin Land Use Designation 1. MTP-IBM Phase II & III JV 1. "NR-PUD" 1. Medium Density Residential 2. U.S.A. 2. Corps of Engineers 2. Corp of Engineers 3. MTP-IBM Phase II & III JV 3. "R-PUD" 3. Medium Density Residential 4. MTP-IBM Phase II 4. "NR-PUD" 4. Medium Density Residential 5. MTP-IBM Phase II 5. "NR-PUD" 5. 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Southlake Blvd. Southlake,Texas 75092 Re: Sabre Group Campus Site Plan Case No.ZA 99-091 BDD Project No.C99201 Dear Ms. Sudbury: The following will be incorporated into the Site Plan for Sabre Group Campus: la. The building articulation comment is noted. 1 b. Parking garage facade comment noted. 2. Interior landscape chart will be ch F ed and the appropriate revisions will be made. 3. Construction Staging Area will be a secured area for stockpiling materials needed to for the construction of the project (i.e. brick, precast panels, mulching equipment). The phrase "per phase" denotes that if Prase 11 is started during of Phase I construction the construction compound would not be moved and additional time will be required. 4. The star shaped symbol indicates light standards. We will submit a lighting plan for City review and approval. This projectrwill comply witn tnp r rror,t iahting Ordinance No. 693-B. 5. Curb radii will be 30'and meet the fire lane standards. 6. Parking count for Building"B"will be revised from 674 to 675. The informational comments are noted. Thank you for your time. If there are additional comments, please feel free to call. Sincerely, BROCKETTE-DAVIS-DRAKE, INC. James A. Riley, P.E. Project Director JAR/ab Civil & Structural Engineering • Surveying 4144 North Central Expressway, Suite 1 100 • Dallas, Texas 75204 D8t3%CMhCg92011c0rAUDr8 case SZA-001 ltr 01 04 00 (214) 824-3647 • Civil/Survey Fax (214) e24-7064 - Structural Fax (214) 824-2586 W 1 20'd U90L+17D3+t7 T F— JN 1 `3AUd(I—S I nUi1-3113A00d8 bS:S I 0002-1%'0—NNl City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA99-091 Review No: Three Date of Review: 12/30/99 Project Name: Site Plan—Sabre Group Campus, 150.7 acres,U.P. Martin Survey,Abstract No. 1015, T.Mann Survey, Abstract No. 1107,R.D. Price Survey,Abstract No. 1207, J.B. Martin Survey, Abstract No. 1134 APPLICANT: SURVEYOR: The Sabre Group Brockette-Davis-Drake, Inc. 4255 Amon Carter 4144 North Central Expwy, Suite 1100 Fort Worth, TX 76115 Dallas,TX 75204 Phone: (817) 967-3986 Phone: (214) 824-3647 Fax: (817) 967-4914 Attn: Jeff Stewart Fax:(214) 824-7064 Attn: Jim Riley CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/20/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations N Complies with NR-PUD&Concept Plan. Residential Adjacency N Complies with NR-PUD&Concept Plan. Building Articulation N See Comment No. 1 Masonry Standards N Complies with NR-PUD&Concept Plan. Impervious Coverage N Complies with NR-PUD&Concept Plan. Bufferyards N Complies with NR-PUD&Concept Plan. Interior Landscape N Complies with NR-PUD&Concept Plan. Driveways N Complies with NR-PUD&Concept Plan. Lighting Y Need more information. 1. In order to meet the development regulations, (established by the NR-PUD Ordinance No. 480- 313)regarding articulation,the council must find that: a. Articulation is achieved for individual buildings through a combination of design techniques, including but not limited to,projections, overhangs, and incisions/cuts. Articulation may also be achieved by considering the effect of(I)the location of one building to another, (ii)the manner in which buildings are grouped,and(iii)variations in architectural surface treatments such as color,texture, relief, and detail. 1 1F-� r City of Southlake, Texas b. The fagade of any parking structure visible east of the park dedication land shown on the concept Plan shall (if constructed of architectural concrete) include an architectural treatment(e.g. texture, color,relief,or detail). 2. The interior landscape chart on the Site Plan differs from the ones shown on the Development Plan. The Site Plan appears to be correct. Insure that interior landscaping is provided at 50%of the largest floor area of each structure(excluding parking garages). 3. Clarify the note: "Construction Staging Area"shown on Parking Garage#2, as well as,the duration noted"per phase". 4. Show the location,orientation,type and height of any intended lighting. This plan shows lighting along the private boulevard, only. Confirm applicants desire to comply with the City's current Lighting Ordinance No. 693-B. 5. Make the following changes to the graphics: a. There are some discrepancies between the curb radii dimensions adjacent to the fire lanes shown on the Development Plan versus Site Plan submittal. Insure compliance with current fire lane standards. b. Correct the parking space requirement on Building B, from 674 to 675. Make all necessary adjustments as needed. (NOTE: Always round to the next highest number when there is a fraction of a space required.) NOTE: The proposed Temporary construction compound, located within Lot 4,Block 1, is within a designated natural area per the approved concept plan and per the NR-PUD regulations may be permitted subject to this site plan approval. (Planning and Zoning Commission Action:January 6, 2000, Approve (7—0) subject to Site Plan Review Summary No. 3, dated December 30, 1999, specifically approving the plans as submitted and accepting the applicants commitment to comply with the Lighting Ordinance No. 693-B) * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. 2 1F-4 City of Southlake, Texas * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan,landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: The Sabre Group VIA FAX: ABOVE Brockette-Davis-Drake, Inc. VIA FAX: ABOVE HKS, Inc. VIA FAX: NACOMMUNITY DEVELOPMENIIWP-FILES\REV\99\99091 SPIDOC 3 City of Southlake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-090 Date of Review: 12 - 9 - 99 Number of Pages: 2 Project Name: Sabre Group Campus(Development Plan) OWNER: PREPARED BY: The Sabre Group Brockette,Davis,Drake, Inc. 4255 Amon Carter 4144 N. Central Expwy, Suite 1100 Fort Worth, TX 76115 Dallas, TX 75205 Phone: (817) 963-1118 Phone: (214) 624-3647 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant submitted a Tree Survey and an aerial photograph which both meet the requirements of the Tree Preservation Ordinance. 2. As the Grading Plan shows the amount of grading has decreased significantly since the last submittal. It looks to be confined to the R.O.W. and immediate vicinity of the buildings. Although some protected trees outside the building pads and R.O.W. will still be removed, the proposed grading reduces disturbance to the surrounding topography and existing trees. Please show the proposed grading in the R.O.W. of Kirkwood Hollow and the construction staging area. 3. The existing trees within the proposed construction staging area have been counted and measured by the Landscape Administrator. The existing trees within proposed construction staging area are proposed to be removed for the placement of the construction trailers. The trees in the area have been counted and measured by the Landscape Administrator and BECK. Twenty-one (21) protected trees with a total of 287" diameter inches would have to be removed. If these trees are removed they will be required to be mitigated according to the regulations of the Tree Preservation Ordinance. 4. When the Construction Plans are submitted for review for a Building Permit, Staff would like all trees proposed to be mitigated identified and shown on the plans. Also a Tree Mitigation Chart calculating the total amount and diameter inches of protected trees removed should be shown on the plans. This will eliminate any guessing and determine a set number on how many trees will be removed and replanted. Staff has been working with the Hillier Group to conduct the design of the plans. BUILDING INSPECTIONS Th City of Southlake, Texas 5. A Tree Protection Plan will be required to be submitted with the Construction and Building Plans. The plan must show the limits of construction, all areas of preserved trees, location of construction areas, construction equipment placement and storage, and placement of required tree protection fencing. 6. When the Construction and Building Plans are submitted for review the Tree Survey should be submitted in sections and enlarged for each area of proposed construction. It would help if the trees were physically tagged with a survey number so they can be located easier. Tagging the trees also provides future maintenance benefits. * All area within public R.O.W.,public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement specified in the Tree Preservation Ordinance. * Except for issues outlined in the PUD Development Standards, all requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of the property. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. 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RA �\ \ \\�\ Q\11 \\\. �I jl it \`\\tip: Sol EN kW $ $ $ .\ ONE t t t # ` \ $ ga\�\ :\\ v - moo.\\� $ a $ 'b \=s• WIM - -- - - - \R g8p �idl@ MISS Mills \\\ Y I Iga gg � il�Ii' I I fi „\�\ HI I Y j i � ifs T $i{Y V 1ii99 fiilEYS!i1lYgi p g T Ys d I i PNH sj C yg� gC,�JI¢b . o F - �' W a FAN, o i I i $ -- - I �I 'I l d � � p]n�jl�bL LS p 'yq Le :jaab �G '11E tl �� tl . �Yn 'av iw>V iwm M_ City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-126 PROJECT: Resolution No. 00-11 /Specific Use Permit/Sale of alcoholic beverages for on-premise consumption/Thai Chili STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) on property legally described as Block 4, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas, and being approximately 5.415 acres. LOCATION: 215 Grand Avenue, generally being on the northeast corner of Main Street and Grand Avenue OWNER: Southlake Central Venture APPLICANT: Thai Chili CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Two (2) RESPONSES: None P&Z ACTION: January 6, 2000; Approved (7-0) and placing a ten-year limit on the S.U.P. because it is in Town Square. STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes are to be made to the previously approved concept/site plan,no new review letter was generated. This site is subject to all conditions of the previously approved plans. Attached is a location map for the site. NACommunity Development\WP-FILES\MEMO\99CASES\99-126SU.doe �' r City of Southlake, Texas Tract Map ZA99-126 I � - -1Ti _ 4 _- I --- -- --1 i ElFilI - I ❑ �� , � - —j El IF LL li - - - - L.-j , - -- -- -- - �-� r4= T r - �j iY� KIN1G B K j - - - ' - 10 T-L- TT I7 L4 - 0.5 0 0.5 1 Niles N W E S ( -2- City of Southlake, Texas Surrounding Property Owners ZA99-126 1 2 6 ' 4 Property Owners Zoning Land Use Designation 1. Southlake Venture West 1. "NR-PUD" 1. Mixed Use 2. C. Peterka 2. "NR-PUD" 2. Mixed Use 3. Southlake Venture West 3. "NR-PUD" 3. Mixed Use 4. Southlake Venture West 4. "NR-PUD" 4. Mixed Use 5. Southlake Venture West 5. "NR-PUD" 5. Mixed Use 6. Southlake Venture West 6. "NR-PUD" 6. Mixed Use NACommunity Development\WP-FILES\NOTICE\99Exhibits\99126SUP.doc -7&-3 J Y � O ! i v�i 5 �� 9t# u � k�. u Sl} ¢c�� ..e�i ��_ ..Q� �z'S. R ( �• �f'�ti : TQ t+ n 1 R c _'t3ris-: xotr-i -xa•=P �- - _9:5 � 0_`3 �� _ zQ+J �-'`.. i�l u 85ili? um �z'pt N`zW' rrg =Z)Jkk <WEy'• u�+bpp-; Q�r._ awiG'. 'ff',_': 7 i= � - a '4 + o- o<if�. i. uwtf? 3i? iW iF? i.w% ? uu P�P �•`�' t a'1 i - F,;. jo h 9 �y3 ii, 1 all Ye �w °? Y�c�x i z 4 SE?!!E•E;i i �. fY� E�' 3: f se ��[-_^I a a eSs _ �� 5b 'Iz Pa `a��z &4 lg`hS.ti h < a q a�;i• • ti � nor � acd d.y <Wr � a o$u z g' �ax7wRatYa Y� _ a 6� "AYRB_Y_YYY_ _ e YYYYYYYf Y9 •Y .� O U a "i Yb3?3" U H '. Ca 25 9'l99997999 i -___ _ _ ram- <p R CO k� 'Y eMY 5 a�a _ S Y � d Yr P sagg, F�f, D yy lagg�ypp b1Y 91b py�€ � !a \\ I3 °�iBY A n,a, sy, •q•r a g i i ' _ _ - _ - _ _ "ir(/,,!�''" _ .u•is Hams � f I I 9e 'F, .1V (Al SrEs J;it •'6i .8yq/ 'Y4 i7' lioi eol.a iraau j' pi it Jr �Q a, t • 'I j ' oo _ .-.-.................................... I I 5 w m z kk • 6 7 p 1 e __- Mort■1 tio�.l R xomet •IPo ■.Po,11.Po M a l01 ..W .:........ . RY ee9a f �4 gP ■ d2�`�sd c '' ffiE!_� ► d�!Oi fq� i dP Yg� � S Eq� Y` �y �� a � Resolution No.00-11 Page 1 RESOLUTION NO. 00-11 �r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 2, ;BLOCK I, 1709 SOUTHLAKE OAKS ADDITION, AN ADDITION TO THE CITY- ,OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3231,PLAT RECORDS,TARRANT COUNTY,TEXAS, AND BEING APPROXIMATELY 1.8685 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as"NR-PUD"Non-residential Planned Unit Development to include "C 3" General Commercial District:uses; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1`) and 456 of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety,morals and general welfare of the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY (W OF SOUTHLAKE,TEXAS: -7(�r� Resolution No.00-11 Page 2 SECTION 1. A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on-premise consumption on the property being legally described as Lot 2, Block 1, 1709 Southake Oaks Addition,an addition,to the-City of Southlake,Tarrant County,Texas,according to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being approximately 1.8685 acres, more fully and completely described in Exhibit "A", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2000. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary 7&—(V Resolution No.00-11 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas NACOMMUNITY DEVELOPMENT\WP- FILES\ZBA\PENDING\THAICHILI.DOC -7G-7 � w Resolution No.00-11 Page 4 EXHIBIT "A" Lot 2 Block I, 1709 Southlake Oaks Addition,an addition to the City of Southlakc Tarrant County, Texas,according to the plat'recorded in Cabinet A,Slide 3231,Plat Records,'Tarrant County,Texas, and being approximately 1'.8685 acres (W NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\THAICHILI.DOC -76 -g Resolution No.00-11 Page 5 EXHIBIT`B" I- 11 .."- 4': BSI a '!;•'i' •! r �" �11�s � ci 6�j a a a.l. �14 -'-�7 a9'4 t F' � as - •s •a s3 !� 'LIc_ ��..•I� :�: -y � - :y€ ''y vl ' AYE io 41E � Ili �I+ �if� � Sl± ,.,'lla „s�iF YYYY i ' k 7< 3a?a lliilElEtD I a Q @i.""5g J , !G�. Inn,kgY4�aaaa a_ e474Y e e fYv.lt1/t/ y'�`�l a;x3L " E' gge pa ¢ R, U � !3a•3 ��4'ggggv 8�� A ap �^ a a'<5 �i ;; � '1• °:!i � 5 r•0�'"R �•a. 9' i � 4 �1 Ai e��e �� • '•. '°�. i I �i $adpddd2jj Seasi" !!, .•a 8` 6,?v 1 a : ..m• ..•..,....,.,., ..,.- rr i . it II II j v!I i°; Zg �• s ail .e- i jj e- t �� - g , ! a NACCOMMUNI] TTY DEVELOPMENT\WP-FILES\ZBA\PENDING\THAICHILI.DOC ! L7 "' City of Southlake, Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: First Reading, Ordinance No. 480-II, Non-Residential Carports and Parking Garages Action Requested: Consideration of first reading of Ordinance No. 480-II regarding provisions for carports and multi-level parking garages on non-residential properties. Background Information: City Council requested that staff prepare regulations for non-residential carports and parking garages as a result of several recent requests for covered parking in development projects. Presently, there are no specific development regulations regarding carports and covered parking in Comprehensive Zoning Ordinance No. 480, as amended. A 120-day moratorium was enacted to allow sufficient time for the Planning and Zoning Commission and the City Council to study, discuss, review and take appropriate action on this matter. The moratorium was due to expire on December 29, but was extended to February 2, 2000 due to the cancellation of the second regular Council meeting this month. Legal Reviews: A draft of this ordinance has been reviewed by the City Attorney. The current draft reflects any recommended revisions. Financial Considerations: Not applicable. Alternatives: May recommend such changes or add conditions to the ordinance as deemed appropriate. Supporting Documents: Proposed Ordinance No. 480-I1 Staff Recommendation: Consider ordinance as approved (7-0) by the Planning and Zoning Commission on November 18, 1999 and the changes recommended during the Joint Work Session of the Council and Commission on December 2, 1999. These recommendations are shown in bold and italics in the current \\SLKSWO01\LOCAL\COMMONI7Y DEVELOPMEN7\WP-FILES\ZBA\PENDING\DRAFr ORDINANCESA80-II MEMOIDOC City of Southlake, Texas Consideration of Ordinance No. 480-II, Carports and Parking Garages Karen Gandy, Zoning Administrator January 14, 2000 Page 2 draft ordinance. Specifically, these include: 1) the creation of another SUP (separating carports and multi-level parking garages) and eliminating the option of carports in the 0-2 and commercial districts; 2) the addition of the requirement that the square footage of parking structure footprints shall count toward lot coverage, impervious coverage and required interior landscape area; 3) the limitation of height of attached carports to 20 feet; 4) the option to allow more than 4 spaces under a carport if the structure is not visible from a public R.O.W. nor from a single family property; and 5) the addition of "or similar" building materials, but specifically excluding cement and concrete tilt wall or similar materials. Council Action: On January 4, 2000, Council tabled on consent (6-0) this amendment to January 18, 2000. \\RKSWO0MLOCAL\COMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\DRAFr ORDINANCES\480-II MEMO3.DOC 8A -2- CITY OF SOUTHLAKE, TEXAS 4W ORDINANCE NO. 480-II AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 4 "DEFINITIONS; AMENDING SECTION 45 "SPECIFIC USE PERMITS" BY ADDING PROVISIONS FOR CARPORTS AND PARKING GARAGES FOR NON RESIDENTIAL PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; 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 SOUTHLAKE, TEXAS: SECTION 1. Section 4, "Definitions" of Ordinance No. 480, as amended, is hereby amended by adding \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-Im9.DOC (Draft 9,12/22/99) Page 1 ^A r-3 Texas, except where the provisions of this ordinance are in direct conflict with the provisions of (W such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting parking structures or land use 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. \\SLKSV4001\LOCAL\COMMUNIT'YDEVELOPMEYT\WP-FILES\ZBA\PENDING\DRAFT-ORDINANCES\480-I1D9.DOC (Draft9,12/22/99) Page 6 014� - 8 SECTION 8. (W The City Secretary of the City of Southlake is hereby authorized to publish this ordinance durance 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 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 or its caption and penalty in the official City newspaper one time within ten days after final 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 date of passage and publication as required by law, and shall apply to any project for which an application for site plan approval for the construction of a carport or multi-level parking garage is filed after the effective date of this ordinance, and it is so ordained. \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FIIES\ZBA\PENDING\DRAFC ORDINANCES\480-I1D9-DOC (Draft 9, 12/22/99) Page 7 BAIcl PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FIt.ES\ZBA\PENDING\DRAFr ORDINANCES\480-IB)9.DOC (Draft 9,12122/99) Page 8 SA- 10 City of Southlake, Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: First Reading, Ordinance No. 480-1111, Outside Storage and Screening Amendments Action Requested: Consideration of first reading of proposed Ordinance No. 480-HH regarding provisions for outside storage and screening. Background Information: Ordinance No. 480-HH proposes revisions to Section 38, "Outside Storage," and Section 39, "Screening." It is intended not only to improve the visual impact on the City, but also to eliminate safety hazards such as tall displays located within parking lots that block visibility. Provisions regarding outside storage include the following: • outside storage may be allowed only with a Specific Use Permit; • there will be no outside display; • a minimum 8' screening wall to enclose all storage areas, except industrially zoned properties having no residential adjacency; • outside storage is an accessory use to a principal use; • storage must comply with the required setbacks for the principal structures on the lot; • storage must be located at the rear or side of the building, but cannot be placed between the principal building and any adjacent public street. Screening issues are also addressed in this ordinance, dealing mainly with clean- up of inconsistencies. Following are the changes discussed during the joint work session of the Council and Commission earlier this month: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HHMEMOIDOC City of Southlake, Texas Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator January 14, 2000 Page 2 1) adding the 0-1 and 0-2 districts to the list of district which may apply for the outside storage SUP; 2) adding the requirement of a screening wall for accessory uses permitted to be displayed in front of the principal building; 3) clarifying the provision that chainlink fencing with slats are only permitted screening devices for properties within the I-1 and I-2 districts not having residential adjacency; and 4) clarifying the provision that where an existing screening wall or fence (constructed by a residential property owner and used to satisfy a nonresidential screening requirement)is destroyed by more than 50% of its value then it is the responsibility of the nonresidential property owner to construct a new screening wall or fence to the current standards. Financial Considerations: Not applicable. Alternatives: The Council may recommend such changes or conditions to the ordinance as they deem appropriate. P&Z Action: On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) of Ordinance No. 480-HH with the following changes / recommendations: 1) striking the following language per my request from Page 7, Section 39.3, for non-residential uses going into a residential district: "22id anrnnninrt rn ' irmmInts 4211 not ha w2ndato;y for. public, w ols pa;kse i -tn -niva use arnn /m rA eo a pin rnroui4d) is adjar.nnt to a rnoiilnntiol 1.,t �r rlwolliRg.» 2) instructing staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving them time to comply; and NACOMMUNMDEVELOPMENTI WP-FILES\ZBA\PENDING\DRAFrORDINANCESA80-MMEMOIDOC City of Southlake, Texas Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator January 14, 2000 Page 3 3) adding a provision for propane refill bottles being placed behind screening walls in front of the principal building (under General Criteria). Legal Review: City Attorney Debra Drayovitch's comments have been incorporated into this draft. Her additions are shown in bold/double underline and her deletions are shown in beld4ouble stfRieBut. She is still working on the amortization issue recommended by the Commission. Supporting Documents: Ordinance No. 480-HH. NXOMMUNMY DEVELOPMENTIWP-FILES\ZBA\PENDING\DRAFT ORDINANMA80-MMEM03MOC 86-3 1 , CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-HH AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SHOPPING CART! STORAGE AS AN ACCESSORY USE,• ALLOWING OUTSIDE STORAGE IN ALL NON- RESIDENTIAL DISTRICTS,,--xG- A ' AND n -1'-' GPM NLY BY SPECIFIC US.E PER MIT; DELETING SECTION 38, "OUTSIDE STORAGE," IN ITS ENTIRETY; REVISING SECTION 39 `°SCREENING-" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; 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 SOUTHLAKE, TEXAS: 1 \\SLKSWOOPLOCAUCOMMUNIIY DEVELOPMENnWP-FILES\ZBA\PENDING\DRAFT ORDINANCESA80-HHI LDOC(Draft 11 dated 01114100 Page 1 Ulu 4 M t SECTION 1. Section 34.1, "Accessory Uses" of Ordinance No. 480, as amended, is hereby amended by adding the following accessory use thereto: "cc. Shopping carts.Cart collection areas m Iparking lots CS, C-1, C-2, C-3 CA S-P-1 shall not be placed in any required parking space. S P-2, and PUD"' Cart collection areas adjacent to buildings shall be screened by a wall of similar masonry material as the principal building;and constructed to a minimum height of four(4')feet. SECTION 2. Section 45.1 (27), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: "27. ©utsicle storage, subject to the requirements of CS, d 1, 0-2, C-I' C-2,;C-3, C Section 45.11. A sea eptphok is feq4, B-1, B-2 1-1, I'-2, S-P-I, S P-2,HC, PUDI` In granting a specific use permit for any outside (W storage,the City Council is authorized to seer require specialized buffering, screening, design and sgnage requirements and other conditions to ensure that the outdoor storage,display and sale is totally compatible with the lspecific site and all surrounding land uses:: SECTION 3. Section 45.1 (29), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby deleted in its entirety: 2 \\SLKSV4001\LACAL\COMMONPIY DEVELOPMENTWP.FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH 11.DOC(Draft 11 dated 01114100 Page 2 06-6 4 (W SECTION 4. Section 38, Outside Storage, of Ordinance No. 480, as amended, is hereby deleted in its entirety, and said Section 38 shall be reserved for future expansion. , , jun eenfermanee,with the Mowing pfevis.iens and efitefia. , , shapinshall be.aliewed under-the fe fifiefisi b. When su h eut0eer-stefage,ai-7ea abuts, ef is visible ffem ei�lies vAdift ene.huftdfed e be ef the.fequir-e I ments fef: solid,wall,ser-eef�ng ef eutdeef stefage when 9 stefage abuts 6 lot er .raet ed A! Sueh o a exeeptiefta may > as defined in the MasteiF'...'Thefeaghfafe PI", then suo—h. stefage afea must be 3 \1.SLKSV4001\LOCAL\COMMUNITY DEVELOPMENTIWP-FILEMZBA\PENDING\DRAFr ORDINANCES\480-HHI I.DOC(Draft 11 dated 01114100 Page 3 Bb-'^ W 4 l weed;eem of t1le 7 ,:. stefage 7 eft I 7 7 z �.r 860 streets-, highways and rights ef way shaff be LL shall .ry.,I. be ..e..rued j the G itz 9 and 12 thin+et ,-B SECTION 5. Section 45,"Specific Use Permits," of Ordinance No. 480, as amended, is hereby amended by adding the following new Section 45.11, to read as follows: `i45.14 SPECIFIC REQUIREMENTS FOR OUTSIDE STORAGE IN NON-RESIDENTIAL, DISTRICTS 4 \\SLKSV4001\LOCAL\COMMGNITY DEVELOPMENI\WP-FIL.ES\ZBA\PENDING\DRAFF ORDINANCES\480-HHI I.DOC(Draft 11 dated 01114100 Page 4 8�-? t?utside storage a of any,goods, materials, merchandise, equipment,parts,junk or vehicles shall not be permitted unless granted bi a specific use permit and except in r conformance with the follovcdng provisions: .............. . .... . ........ ...... ...... .............. ... ......... ... a. General Criteria 1. Outside storage shall be permitted only as an accessory use to the principal use established on the lot or tract of land. 2. Outside storage areas' shall observe all setback requirements for the principal buildings on the lot or tract of land. 3. o outside storage areas shall be to forward of the principat building on the lot or tract of land,;nor between the principal building and any adjacent public street, except for the following eensumer goods accessory uses: 1) newspapers, 2) bundled firewood, 3) prepackaged ice, 4) food and drink sold through wending machines and 5) Christmas trees stored outside for sale beginning one week before Thanksgiving and ending December 31, and(6)propane refill bottles. Items'so stored outside 'must be displayed in a neat and orderly manner behind a screening wall of masonry material similar to that of os, the principal building and construcled to'a minimum height of four(d)feet 4. All f storage m areas.o outside s o age must.be constructed of an all-weather surface material and shall he exclusive of any required parking. S. Outside storage by transient salespersons'is prohibited: 6. Outside storage shall comply with the screening and bufferyard requirements set forth in Sections 39.2 and 42, respectively, of this ordinance.' 7. Materials stored outside, .excluding vehicles, trailers, and mobile rnaehinery or equipment, shall be stacked no higher than one(1)foot below the top of the screening device. b. Additional Screening Criteria For all properties with non-residential uses, except those properties zoned I-1 and I-2 which have no residential adjacency, the following;shall apply- 1. Outside storage screening shall be accomplished by the construction of'a minimum eight-foot (8') masonry wall of the same or similar 5 NSLKSWOO1\LOCAUCOMMUNI7Y DEVELOPMENIIWP-FILES\ZBA\PENDING\DRAFi ORDINANCESA80-HHI LDOC(Draft 11 dated 01114100 Page 5 A tv V material as the principal building and integral to its design. (W 2. The screeningwall shall meet the articulation requirements set forth , q in Section 4333(d). This requirement shall apply to walls constructed simultaneously with the principal building or those' added to the principal building at a later date. C. In granting any specif c use permit for outside storage, the City Council may impose ee9eia"skh conditions as it deems necessary to ensure that such storage is not visible from adjacent public rigitts-of-way and neighboring properties in order to mitigate the potential adverse impact of outside storagenon the neig boring properties, and anv other reasonable conditi6as SECTION 6. Section 39.2, "Screening Standards," is hereby amended by revising paragraph "e," and adding new paragraphs"g" and "h" to read as follows: "e. A screening;device shall be at least six(6)feet in height,but not more than eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance e -special-e wept-ion-by.the City Council in its consideration of a'concept plan, development plan,site plan or, a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. f. All mandatory or,permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall net constitute an acceptable screening device only,for properda zoned I-] and 12 whea which are not located adjacent to a residentially zoned lot,tract or lot having an occupied residential dwelling, or and are not located adjacent to street rights-of-way. h. Where the screening requirements prescribed by this section are in conflict with speei screening requirements which have been established by other provisions of this ordinance,the more stringent requirements shall apply. SECTION 7. Section 39.3, "Residential Districts," is hereby amended by revising paragraph"c" and by adding paragraph"d" to read as follows: \\SLKSV4001\L0CAL\C0MMUNI7Y DEVELOPMENMWP-FILES\ZBA\PENDING\DRAFr ORDINANCES\480-HHI LDOC(Draft 10,dated 12122199) Page 6 "c. Non-residential uses in a residential district shall be screened from view of (W any adjacent residentially,zoned lot err tract or lot having an occupied residential dwelling'by a screening device located along the side and rear property lines of such non-residential use to a height of eight (8) feet. & d. Where:a: screening wall Ir fence is erected between any residential subdivision:and any thoroughfare, the following requirements shall apply: (1) No new fence or screening wall (which is parallel to, perpendicular to, approximately parallel to,;or approximately perpendicular to an existing subdivision screening wall or fence)erected after the effective date of this gr i n shall exceeds the height of the subdivision screening wall or fence. (2) Where a developer or: homeowners' association of an 'existing subdivision constructs a wrought iron or other similar non-opaque fence adjacent to any thoroughfare, na screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought:iron or similar non-opaque fence: (3) No existing screening wall or fence shall be repaired, extended or modified unless such repairs; extensions, or modifications are done in a:manner consistent with the'color,material, or,character of the existing screening wall or,fence, and any such extension occurs along the entire length of such screening wall or fence, including where such screening walls or fences'may be interrupted;by streets, alleys, or other access ways" SECTION 8. Section 39.4, "Non-Residential Uses," is hereby amended by changing the title to read "Non- Residential Districts," and by amending paragraph 39.4.b to read as follows: "b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an ocGupiedl residential'dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight(8)feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half(3 I/2) feet. A variance to this section may be approved'by the City Council during its review of any concept plan, development plan,',or site plan;requiring review by the Planning and Zoning Commission and, approval by the City Council, or by the Board of Adjustment for all other concept plans, development plans, or site plans, \\SLKSWOOI\LOCAL\COMMUNI7Y DEVELOPMEN7\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HHI I.DOC(Draft 10,dated 12122199) Page 7 �.ID All screening devices shall be properly maintained in perpetuity by the wn r broberm with non residential �€ um—n . Fa l,>,6 of the ©caner to maijn.�the screenin dt; eviee shall constitute a violation of this ordinance." SECTION 9. Section 39.4, "Non-Residential Uses," is hereby amended by deleting paragraph "d," by creating a new paragraph"d," and by revising paragraph"e" to read as follows: " d. Where a non-residential use abuts an existing residential screening wall or',fence'and where a written agreement ean-be- is executed between the developer and residential property owner, it shall be deemed the intent of this ordinance to allow the residential screening wall or fence to satisfy that,portion of Section 39A.b> above(relating to side and rear,yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50%of its fair market value at the time of destrrccdon,'then the oevdeper owner of the nonresidential property shall construct a new screening wall or fence which meets the requirements of Section 39.4b. e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling let or of any other adjacent land use." SECTION 10. 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 11. 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 \\SIKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFr ORDINANCES\480-HH1I.DOC(Draft 10,dated 12122199) Page 8 uV 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 12. 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 13. 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 yard regulations 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 14. 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 15. The City Secretary of the City of Southlake is hereby directed to publish the proposed (W ordinance or its caption and penalty together with a notice setting out the time and place for a public \\SIKSWO01\LOCAL\COMMUNITYDEVELOPMENT�WP-FILES\ZBA\PENDING\DRAFTORDINANCESA80-HHILDOC(Draft 1O,dated 12122199) Page 9 �m 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 16. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENINWP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HHI LDOC(Draft 10,dated 12122199) Page 10 w13 • APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: \\RKSWOOBLOCAL\COMMUNITY DEVELOPMENTWP-FILES\ZBA\PENDING\DRAFT ORDINANCESkBO-HHI LDOC(Draft 10,dated 12122199) Page 11 ^,&•14 City of Southlake, Texas r STAFF REPORT January 14, 2000 CASE NO: ZA 99-108 PROJECT: Ordinance No.480-321 /1'Reading/Rezoning and Revised Concept Plan - St. Martin-in-the-Fields Episcopal Church STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Revised Concept Plan on property legally described as Lots 1 and 2, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres. PURPOSE: Zoning to accommodate future development/growth. Concept Plan approval required with S-P-2 district and residential adjacency. LOCATION: On the east side of South Pearson Lane approximately 760' south of West Southlake Boulevard (F.M. 1709). OWNER: St. Martin-in-the-Fields Episcopal Church APPLICANT: GSBS Batenhorst, Inc. CURRENT ZONING: "CS" Community Service District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "CS" Community Service District uses LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Seven (7) RESPONSES: One(1)response was received from within the 200' notification area: • Ranch Land Leasing Co Inc., 216 Warbler Court, Bedford, TX, no comment, "This tract of land sold to Four Peaks Development Co. 5/28/99. 1 think Four Peaks is in Southlake." (Received November 9, 1999.) P&Z ACTION: November 18, 1999; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 9, 1999,Planning and Zoning Commission meeting. eerf ` City of Southlake, Texas December 9, 1999;Approved(7-0)to table and to continue the Public Hearing to the January 6, 2000, Planning and Zoning Commission meeting. January 6, 2000; Approved (7-0) subject to Concept Plan Review Summary No. 3, dated December 3, 1999, deleting Items #2.a.1 (cemetary use required to be no less than 500' from any residence and shall be enclosed in a fence); #2.d.1 (screening on east and southeast); and #3 (bufferyard requirements); and Vice-Chairman Peebles said he is not opposed to the requested variances to Items #2.b.1, #2.c.1, and#2.e but would just like to see them at the Site Plan stage. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated December 3, 1999. 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J I I� Xd i z T6 '"�' w �• �.. 13A•11 u' j �I 6ikA 716'BO� ' � I •�•I S' ?.R W • I IL � lAn nu .rt I I i i i a J g JIM _._._._._._._.---- -.----- .--- ._._._.--- ._.----- ----- _ -.---------.-.-------.-.-I- mm WA min a 00'Sft ,IB76Z-M,6►,L1,00 N—--—- -------------------------------- --�-.-.,.."[ --- - ----------------------------WWO DW---------- e —>n wm——— .II.3A A-.w • a,- �_ J GSBS BATENHORST INC 7291 GLENVIEW DRIVE FORT WORTH TEXAS 76180 TEL 817.589.1722 FAx 817.595.2916 December 6, 1999 WWW.GSBS8.COM Lisa R. Sudbury City of Southlake City Council Planning Department 1721 E. Southlake Boulevard, Ste. 100 Southlake, Texas 76092 Re: St. Martin in-the-Fields Episcopal Church Dear Ms. Sudbury, In 1970, five families united to form St. Martin-in-the-Fields Episcopal Church in an area of northeast Tarrant County that is now part of the City of Southlake. The current sanctuary was completed in 1982 and in 1989 St. Martin's attained Parish status. Construction of the education facility was completed 1994 and the education expansion was completed in 1998. St. Martin's is a rapidly growing parish with a large number of children, youth and adult ministries that reach beyond the typical Sunday and Wednesday activities. Some of these include Mother's Day out, Scout groups and Spiritual.Awareness Groups. In addition to these activities the church is actively involved in the support of The Christian Community Storehouse, Meals on Wheels, The Women's Haven and the Union Gospel. Reaching beyond their local mission involvement's they have extended their support to such places as Mexico, Malawi, Ghana and Rwanda for a variety of spiritual and humanitarian needs. The Church has a desire to grow along with the City of Southlake and continue to meet the needs of their Parish as well as those of their community. As was requested by the City Council the church has evaluated their expansion options and developed a Master Plan that reflects their intent for the future. Through this process it has been determined that a number of variances would need to be sought in order for the church's needs to be accommodated within the city's present guidelines. For this reason they are seeking a zoning designation change to "SP" for their property based on the submitted Concept Plan and the accompanying "S-P-2" District Regulations. Therefore we request that the Zoning Board and the City Council approve this plan and zoning application. Please feel free to contact me if you have any questions regarding this matter. Sincere amuel T. Jones, 'SLA GSBS Batenhors -Inc ffCD D E C 091999 $c - 7 ARCHITECTURE I LANDSCAPE ARCHITECTURE INTERIOR DESIGN PLANNING i, f N City of Southlake, Texas <, CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-108 Review No: Three Date of Review: 12/03/99 Project Name: Revised Concept Plan—St. Martin in-the-Fields Episcopal Church APPLICANT: ENGINEER: St Martin in-the-Fields Episcopal Church GSBSBatenhort,Inc. 223 South Pearson 7291 Glenview Drive Southlake, TX 76092 North Richland Hills,TX 76180 Phone: (817) 355-9292 Phone: (817) 589-1722 Fax: (817) 571-7794 Fax: (817) 595-2916 Attn. Susan Mitchell Attn. Sam Jones CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/22/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations N None Residential Adjacency Y See Comment No.2 Building Articulation Y See Comment No.2 Masonry Standards Y See Comment No.2 Impervious Coverage Y Complies Bufferyards Y See Comment No.3 Interior Landscape Y See Comment No.3 Driveways N None 1. An amended plat should be processed and filed with Tarrant County prior to the issuance of building permits for any improvements that cross the property lines. This plan shows two lots with a note that they will be replatted. If all other construction requirements are met, some development may occur on the lots in their current configuration,however no improvements shall be permitted that cross the property line. 2. The following comments pertain to the District Regulations: a. The applicant proposes Section 1.2, PERMITTED USES, consistent with Ordinance 480, Section 8.2 with the following exceptions 1. Ordinance 480, Section 45.1.7, - Memorial Garden with Columbarium (regarding Cemetery Uses). A cemetery use is required to be located not less than 500 feet from any residence or structure used for living purposes.There are residences within 500 City of Southiake, Texas { feet of the proposed Memorial Garden. The applicant proposes decreasing g the distance t to 90'. (Variance Requested) A cemetery use shall be completely enclosed in a fence with gates capable of being locked. The applicant proposes no fencing. (Variance Requested) (P&ZAction, 116100: approve as shown.) b. The applicant proposes Section 1.3, DEVELOPMENT REGULATIONS, consistent with Ordinance 480, Section 8,"CS"Community Service District,with the following exceptions: 1. Ordinance 480, Section 8.5 a, -Height:No building or structure shall exceed two and one-half(2 Y2) stories, nor shall it exceed 35 feet. The applicant proposes a height increase of 65' for the 100', proposed stand-alone, ornamental bell tower, with an additional condition that it be no closer than 200' from any property line.Additionally, the applicant proposes a height increase of 30' for the 65' sanctuary,with an additional condition that it be no closer than 175' from any property line. (Variance Requested) C. The applicant proposes Section 1.4, ADDITIONAL DEVELOPMENT REGULATIONS, consistent with Ordinance 480, Section 43, III, Residential Adjacency Standards,with the following exceptions: 1. Ordinance 480, Section 43.10—The following residential adjacency standards shall apply to all non-single family residential buildings or uses lying within four hundred feet(400') of single family residential property. The applicant proposes applying the Residential Adjacency Standards to non-single family residential buildings or uses lying within 100"of single family residential property, however, all non-residential buildings constructed 100' or further from the residential properties, are exempt. (Variance Requested) d. The applicant proposes Section 1.5, Screening Standards consistent with Ordinance 480, Section 39, with the following exceptions: 1. Ordinance 480, Section 39— Where a non-residential use abuts a residential lot or dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of 8 feet. The applicant proposes a 6' "wood fence along the north, adjacent to the residential properties, and no screening along the east and southeast,adjacent to the public parkland dedication.This plan indicates the adjacent residential development is going to construct the fence. Provide documentation regarding this installation.If the fence is not in place when the church comes in for permitting they will be required to erect the fencing. The non- residential development will be responsible for future maintenance unless some other agreement is made between the property owners. (Variance Requested) (P&ZAction, 116100: approve as shown.) e. Masonry Ordinance No. 577& Ordinance 480, Section III Residential Adjacency Standards All buildings constructed in CS under the zoning ordinance shall have all exterior walls constructed using a masonry material covering at least 80% of said walls. The applicant is requesting to limit the masonry to those facades facing the right-of-way. (Variance Requested) Sc -,I P City of Southlake, Texas The following changes are needed regarding landscaping and bufferyards: a. Show and label a 10' —Type B Bufferyard along the east/rear(728')property"line, adjacent to the parkland dedication in Chesapeake. This plan proposes a 40' .bufferyard with no plantings. (Variance Requested) (P&Z Action, 116100: approve as shown) b. Show and label a 10' —Type B Bufferyard along the southeast (394')property line,adjacent to the parkland dedication in Chesapeake. This plan proposes a 10' Type B for 140' and no bufferyard for the remaining 254', adjacent to the parkland. (Variance Requested) (P&Z Action, 116100: approve as shown) C. Show and label a 5' —Type A Bufferyard along the south property line of lot 1 and north property line of Lot 2.The plan shows improvements over this property line and a note on the plan that the existing property line to be replatted/removed as noted. It may be possible to proceed with some construction on the individual lots, prior to the replatting, if all other ordinance requirements are met. As long as the lots are separate the bufferyards are required. (Variance.Requested) (P&Z Action, 116100: approve as shown.) d. Show the provided interior landscape information. (P&Z Action, 116100: approve as shown.) * Driveways "A"and"D"comply with the driveway ordinance. Driveways"B"and"C"are existing and as approved previously.No additional traffic or use of these driveways is proposed. (Planning and Zoning Commission Action, January 6, 2000:Approved(7—0) subject to concept Plan Review Summary No. 3, dated December 3, 1999, the Commission noted they were not opposed to the variances requested for Items #2.b.1, 2.c.1 and 2.e, but they reserve the right to grant the variances at the site plan stage, and as noted above) *. The applicant should be aware that prior to issuance of a building permit a Plat must be.processed and filed in the County Plat Records, a site plan must be approved by the Planning and Zoning Commission and City Council, and a fully corrected site plan submitted to the Building Department along with landscape plan, irrigation plan,building plans, and all required fees. Required fees may include but not be limited to the following fees:Park Fee,Impact Fees,Tap Fees, and related Permit Fees. * This review is based on the "CS" Zoning District Regulations. * A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit.Any future site plans must comply with the conditions of this plan and zoning request. Although no review of the following issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to submittal of the site plan. • Mechanical Equipment Screening per §43.13c, Ordinance 480, as amended. • Spill-over lighting and noise per§43.13i and §43.13j, Ordinance 480, as amended. ?}c (d .r City of Southlake,Texas y << ply . =` Interior landscaping per Landscape Ordinance No. 544A and§43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Susan Mitchell, St. Martin in-the-Fields Episcopal Church VIA: FAX ABOVE" Ty Holcomb, GSBS/Batenhort,Inc. VIA: FAX ABOVE MUSV400ALOCALCOMMUNITY DEVELOPMENIRWP-FILESIREV\99\99108CP3.DOC City of Southlake, Texas Cie INo. 99-108 Review No. One Dated: 10—21 - 99 Number of Pages: 2 Project Name: St. Martin in-the-Fields Episcopal Church(Rezoning/Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 10 - 11 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered'by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicants responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: • All minimum required interior landscape requirements are correct. • The parking lot landscape area requirements shall be as follows based on the percentage of parking located between the building fagade and the R.O.W.. Less than 25% 15 sq. ft. per parking stall 25% -75% = 20 sq. ft. per parking stall Greater than 75%= 30 sq. ft. per parking stall Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings,throughout the parking,or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. • Please locate and label all required bufferyards on the Site Plan. • Please correspond all required bufferyards to the requirements of Section 42 (Bufferyards) of the Zoning Ordinance. * The applicant is proposing to not provide the required landscaping for the east bufferyard. For all non-residential construction the requirements for landscaping shall combine the bufferyard requirements,interior landscape portion of the site and landscape areas for parking areas. TREE PRESERVATION COMMENTS: BUILDING INSPECTIONS 0c - r a. 9 .Nn� 'ZA 99-108 Review No, 1 Dated: 10-21-99 Number of Pages: 1 ' Project Name: Concept Plan—St. Martin in-the-fields Episcopal Church Contact: Ben Henry, PPCS Phone:(817)481-5581 ext. 824 Fax: (817)421-2175 The following comments are based on the review ofplans received on Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shower above and make modifications as required by the comment, GENERAL COMMENTS: * No initial problems based on submitted information. See specific comments below. TRAIL SYSTEM COMMENTS: # The Trail System Master Plan identifies no trails required. PUBLIC PARK COMMENTS: # The Community Services Department acknowledges the future practice ballfield contiguous to the future public park; and would request the applicant consider assisted implementation of the ballfield with construction of the park. # The Community Services Department acknowledges elimination of the existing joint-use soccer fields with future development by the applicant. INFORMATIONAL COMMENTS: * Pre-submittals may be required to appear before the Park Board to discuss park dedication issues. Please contact the Community Services Department at(817)481-5581 ext. 824 for further details. #=Denotes comment that may be included in formal review by P&Z and City Council. * =Denotes informational comment. Park Planning and Construction Superintendent Review Page 1 99-108.rtfn:wmc-sm.wrn sac—iq "S-P-2"SITE PLAN DISTRICT REGULATIONS St.Martin in-the-Fields Episcopal Church November 22, 1999 1.1 PURPOSE AND INTENT. The S-P-2 Site Plan District is utilized to permit flexibility of area regulations while restricting usages. The basic land use district is the"CS"Community Service District. The land area of the St.Martin in-the-Fields Episcopal Church is.l 1 acres. 1.2 PERMITTED USES: a.) Public,semi-public and parochial/private kindergartens,elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the. regulations of the State Department of Education. b.) Religious institutions:churches and facilities for worship,fellowship,and education. c.) Community centers:centers utilized for Boy Scout meetings,Girl Scout meetings,and similar community functions. d.) Van storage:fiilly enclosed garages for the storage of Church vehicles,not to exceed(4) vehicles or 104/a of community center structure. e.) Office or administrative areas and activities supportive of the permitted principal uses. Q Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building. g-) Indoor&outdoor fundraising activities. h.) Memorial Garden with columbarium in accordance with State Law not to be expanded to within ninety(90)feet of residential zoning. 1.3 DEVELOPMENT REGULATIONS. In this district,the following development regulations shall be applicable: a.) Height: No building or structure shall exceed two and one-half(2-'A)stories,nor shall it exceed thirty-five(35)feet'with the exception of the sanctuary and the bell tower. The sanctuary shall not exceed sixty-five(65)feet and shall not be positioned within one hundred and seventy-five(175)feet of a property line. The bell tower shall not exceed one hundred(100)feet to the highest point and shall not be positioned within 200'of any property line. b.) Front Yard:.There shall be.a front yard of not less than thirty(30)feet. c.) Side Yard: There shall be a side yard of not less than fifteen(15)feet except where the lot abuts property zoned as single family residential there shall be a side yard of not less than twenty-five(25)feet. d.) Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot alerts,property zoned as single-family residential there shall be a rear yard of not less than twenty-five(25)feet. e.) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area f.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65)percent of the total lot area. However,if the following criteria is met,up to,but not exceeding,an additional 5%of impervious coverage shall be permitted:for each additional one percent(10/6)of impervious coverage provided,an additional two(2) feet of width of the required bufferyard(s)adjacent to any streets)and an additional 1 foot of width to the required side and rear bufferyards shall.be added to the site. This requirement may also be satisfied by providing an equivalent amount of land area in the front or sides of the site(exclusive of the bufferyard areas)either by increasing the number and/or size of parking islands,by preserving natural groves of trees,by enhancing nalm-al drainage,area;etc. Any alternative means shall be required to have the REC'D N O V 2 21999 a t. approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. g.) Any new construction within this district shall be required to comply with Ordinance No. 557(Requirements for Masonry Construction)for building facades that face any right-of- way. IA ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN ONE HUNDRED(100)FEET OF SINGLE FAMILY RESIDENTIAL PROPERTY TO THE NORTH AND EAST ONLY— In addition to the development regulations applicable to this zoning district,the development regulations in Section 43,Part III,Residential Adjacency Standards,shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district,the more stringent requirements shall apply. The Southern property line shall be considered exempt from this requirement since it abuts a public park and a commercially zoned property. 1.5 SCREENING STANDARDS—The following development regulations shall supercede any requirements set forth in Section 39 of this ordinance: a.) A six(6)foot wood fence shall be constructed along the North property line. b.) No fences or screening devices shall be required along the eastern property line. c.) No fences or screening devices shall be required along the southem property line. 1.6" BUFFERYARDS—Bufferyards shall be required in accordance with this document as specified in Section 42 of the City of Southlake Zoning Ordinance with the following exceptions and as noted in the Bufferyard Chart on the Concept Plan: a.) A forty(40)foot wide bufferyard shall be required along the east property line with no required plantings. b.) No bufferyard shall be required along the southeast property line as shown in the bufferyard chart. 1.7 CONCEPT PLAN—A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a S-P-2 District. All properties zoned at the effective date of this ordinance,which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submittal of a site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 1.8 EFFECT OF CONCEPT PLAN—All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 1.9 DEVELOPMENT SITE PLAN—A development site plan shall be required for a building permit within the S-P-2(Generalized)Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission. 1.10 VARIANCES—The Board of Adjustment may grant variances of up to,but not exceeding,ten percent(I0%)of any required setback or lot coverage requirement established by the City Council in the specific S-P-2 regulations at the time of zoning of said Site Plan District. This approval shall be per the requirements set forth in Section 44.3(b)of the Zoning Ordinance. SC't � -` '' �` NOt-ebYi H39r11N 39!!9 AIID a ' wF t Wils a as Mi x g W a mom" m Am= "i: ss tm I I Im m n "!!Hasa ON:MKQZ I I g lin 1 Sd!m 1 h!m ' �7lN'alntronua 511101 aloiJ ' LLI.LLIIJJ-I. NX NMVUM o g 1 Ni f gel 1 1 g30 I � 1 1 1 1 1 Bill- - �� • !!! 1 � 1 tl ' 1 -- � .. ii I i ■ 00 � - � -Y� i 1 I IP lisp I I ax�� aa.{�. 1 I I saarwa - 8 �3' �- -- ------ AnSZY _N--- - - so•)!aim—- I �' M!" WON lrA_ rsn Jt � yl•-fu �a RU +. >! ge,, 11 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-321 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 LEGALLY DESCRIBED AS LOTS 1 AND, 2,. BLOCK 1, ST MARTIN-IN-THE FIELDS ADDITION, AN ADDITION,TO THE CITY OF "SOVTHLAKE, " TARRANT COUNTY, TEXAS, ACCORDING"TO THE."PLAT .RECORDED IN'CABINET Al SLIDE.1346,:PLAT;RECORDS, TARRANT COUNTY, TEXAS, AND-,, #*G APPROXIMATELY 11.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "All FROM "CS" COMMUNITY.SERVICE,DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT : WITH" TICS" COMMUNITY".ARVICE DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; (W PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of (W NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page I I �_Ioo 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 "CS" Community Service District 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 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 NACOMMUNITY DEVELOPMEtMWP-FILES\ZBA\PENDING\480-32I.DOC Page 2 gC -i�i 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: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 3 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 Lots. 1.and 2,.Block 1; St. Martin-in-the-Fields Addition, an addition to the City of Southlake,,,Tarrant:County, Texas, according to the plat recorded in Cabinet Al, Slide- 1346, Plat Records, Tarrant County,, Texas, and being approximately,tL8 acres, and more fully and completely described in Exhibit "A" from "CS" Comnunity Service District to "S-P-2" Generalized Site Plan District with "CS" Community Service District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 L NACOMMUNITY DEVELOPMEMIIWP-FILES\ZBA\PENDING\48432I.DOC Page 4 8c- � t (W 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 NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 5 SC-2 �- . s 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. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 6 PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: (W EFFECTIVE: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 7 sc—�Lq EXHIBIT "A" Lots '1 and 2, Block 1, St. Martin in-the-Fields Addition, an addition to the City of Southlake, Tarrant County,,Texas,,according to the plat recorded:in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres. r N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 8 /� 1 EXHIBIT "B" sssi a a norl a33a 3 Ic lilt a no u 101 ' I I I I I lalN7M calm RM=vnl' ss im Im MR s I I it Im 1•IN3m aw:Doz ( u Im 9 s:lm n im MNVit•CAI "Cam sme ww3' -— -------'---------------'-'-- .00'ff1-l.OL.um s._.-_'-.�owoln J�------------.1rR6T•-T-.c if-.00 s ' W _ _ it.l ]lll Jt I I N_�N ' E I it f f1T.11-H i1 l I•1�f1 TT f fTTT.I i 9» } .-.-. a s ' ' I $ ►wu k llu�l'u� E�(• + ZI - ------ 13 ' s . 1 BMW i s ; I „� � p • � = I u I f ® oig p y� ��'�'��`� I tl•awmw• � .0m ■,ItZA N �l �®i ' ,Ifrfi+■.N dL N _ .. I - • I � 9 -Ii��p�-- I d I SI11R911•-- yt t-O ¢1-¢ t•.• Jl Fyl Jt ,t/1•-JJI N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 9 1 8C 1(0 Y EXHIBIT "B" "S-P-2"SITE PLAN DISTRICT REGULATIONS St.Martin in-the-Fields Episcopal Church November 22, 1999 1.1 PURPOSE AND INTENT. The S-P-2 Site Plan District is utilized to permit flexibility of area regulations while restricting usages. The basic land use district is the"CS"Community Service District. The land area of the St.Martin in-the-Fields Episcopal Church is I I acres. 1.2 PERMITTED USES: a.) Public,semi-public and parochial/private kindergartens,elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. b.) Religious institutions:churches and facilities for worship,fellowship,and education. C.) Community centers:centers utilized for Boy Scout meetings,Girl Scout meetings,and similar community functions. d.) Van storage:fully enclosed garages for the storage of Church vehicles,not to exceed(4) vehicles or 10%of community center structure. C.) Office or administrative areas and activities supportive of the permitted principal uses. f) Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building. g.) Indoor&outdoor fundraising activities. h.) Memorial Garden with columbarium in accordance with State Law not to be expanded to within ninety(90)feet of residential zoning. 1.3 DEVELOPMENT REGULATIONS. In this district,the following development regulations shall (W be applicable: a.) Height: No building or structure shall exceed two and one-half(2-%2)stories,nor shall it exceed thirty-five(35)feet with the exception of the sanctuary and the bell tower. The sanctuary shall not exceed sixty-five(65)feet and shall not be positioned within one hundred and seventy-five(175)feet of a property line. The bell tower shall not exceed one hundred(100)feet to the highest point and shall not be positioned within 200'of any property line. b.) Front Yard: There shall be a front yard of not less than thirty(30)feet. C.) Side Yard: There shall be a side yard of not less than fifteen(15)feet except where the lot abuts property zoned as single family residential there shall be a side yard of not less than twenty-five(25)feet. d.) Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five(25)feet. e.) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area. f.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65)percent of the total lot area. However,if the following criteria is met,up to,but not exceeding,an additional 5%of impervious coverage shall be permitted:for each additional one percent(1%)of impervious coverage provided,an additional two(2) feet of width of the required bufferyard(s)adjacent to any street(s)and an additional I foot of width to the required side and rear bufferyards shall be added to the site. This requirement may also be satisfied by providing an equivalent amount of land area in the front or sides of the site(exclusive of the bufferyard areas)either by increasing the number and/or size of parking islands,by preserving natural groves of trees,by enhancing natural drainage area,etc. Any alternative means shall be required to have the RECD NOV 2 21999 NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 10 a EXHIBIT "B" approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. g.) Any new construction within this district shall be required to comply with Ordinance No. 557(Requirements for Masonry Construction)for building facades that face any right-of- way. 1.4 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN ONE HUNDRED(100)FEET OF SINGLE FAMILY RESIDENTIAL PROPERTY TO THE NORTH AND EAST ONLY— In addition to the development regulations applicable to this zoning district,the development regulations in Section 43,Part III,Residential Adjacency Standards,shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district,the more stringent requirements shall apply. The Southern property line shall be considered exempt from this requirement since it abuts a public park and a commercially zoned property. 1.5 SCREENING STANDARDS—The following development regulations shall supercede any requirements set forth in Section 39 of this ordinance: a.) A six(6)foot wood fence shall be constructed along the North property line. b.) No fences or screening devices shall be required along the eastern property line. C.) No fences or screening devices shall be required along the southern property line. 1.6 BUFFERYARDS—Bufferyards shall be required in accordance with this document as specified in Section 42 of the City of Southlake Zoning Ordinance with the following exceptions and as noted in the Bufferyard Chart on the Concept Plan: (W a.) A forty(40)foot wide bufferyard shall be required along the east property line with no required plantings. b.) No bufferyard shall be required along the southeast property line as shown in the bufferyard chart. 1.7 CONCEPT PLAN—A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a S-P-2 District. All properties zoned at the effective date of this ordinance,which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submittal of a site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 1.8 EFFECT OF CONCEPT PLAN—All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 1.9 DEVELOPMENT SITE PLAN—A development site plan shall be required for a building permit within the S-P-2(Generalized)Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission. 1.10 VARIANCES—The Board of Adjustment may grant variances of up to,but not exceeding,ten percent(10%)of any required setback or lot coverage requirement established by the City Council in the specific S-P-2 regulations at the time of zoning of said Site Plan District. This approval shall be per the requirements set forth in Section 44.3(b)of the Zoning Ordinance. (W N:\COMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-32 1.DOC Page 11 EXHIBIT "C" This page reserved for the approved City Council motion. Aw NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-32 1.DOC Page 12 City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-114 PROJECT: Ordinance No. 480-322 / V Reading/Rezoning- Carroll Meadows STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 2C situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. PURPOSE: Zoning approval required prior to development. LOCATION: On the west side of North Carroll Avenue approximately 1175' south of East Dove Road. OWNER: 011ie Mae Thrailkill APPLICANT: K. M. Properties, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Two (2) responses were received from within the 200' notification area: • Verlin C. Martin, 1090 Primrose Lane, Southlake, TX, in favor. (Received November 29, 1999.) • Val Staley, 1030 E. Primrose Lane, Southlake, TX, opposed. "Such development would change the rural character of the neighborhood. Most residents have lived here 30 or more years, when Southlake was a rural community. Surely there is room in Southlake for a little bit of country amid all the housing developments!" (Received December 9, 1999.) P&Z ACTION: December 9, 1999; Approved(7-0)to table and to continue the Public Hearing to the January 6, 2000, Planning and Zoning Commission meeting. SD- ( City of Southlake, Texas January 6, 2000; Approved(7-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-114Z.doe v- 2- OWN ■wag MMM Old big i v r i1t�C111 � � v � rr r i - , C7 QQ� z Q Y = U 0 w Y z 2T3 W - U Q x x 0TA 0 Q 2 o`J % p J r O = Q v Q x- .4 = I U- LU 4�- i�-=��=$2------------------------------------------------- z 14141-?4------ U Y O a3)1009 'M _z � Q a - ' z oC a LL cn w Z Z a mLQa N /- o U;o :2 O z a v c a �� / 1 0 � `� c; � a _� ZN ui ` J Q NOSSUVNDVU V J Q 1 a U) z W c z (n a Q O - CD Q a 7 Cl) v Ma a c1 -_ Q D Q o o m CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-322 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 LEGALLY DESCRIBED AS TRACT 2C SITUATED IN THE ABSOLOMM.CHIVERS SURVEY,ABSTRACT NO.299,AND BEING APPROXIMATELY 12.469 `ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY 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, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 1 8 D-19" WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and P g 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 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, N:\COMMUNITY DEVELOPMEI 7MWP-FILES\ZBA\PENDING\480-322.DOC Page 2 8 �� r PASSED AND APPROVED on the 2nd reading the day of ,2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 7 SD-[ C r EXHIBIT "A" (W BEGINNING at a 5/8"iron pin found in the west line of said Thrailkill tract for the southwest corner of a tract of land described in a deed to Lanny M. Tate and wife, Carolyn Kay Tate, recorded in Volume 6435, Page 944, Deed Records, Tarrant County,Texas, said pin lying by deed call, 377.6 varas South, 1280 feet North 89 degrees 14 minutes East and 297.4 feet, South 01 degrees 33 minutes East of the northwest corner of the A. H. Chivers Survey; THENCE EAST at 1,275.96 feet passing a 5/8"iron pin in the west line of North Carroll Avenue for the southeast corner of said Tate tract, in all, a total distance of 1,291.91 feet to the center of North Carroll Avenue and to the east line of said Thrailkill tract; THENCE South 00 degrees 47 minutes 47 seconds West a distance of 490.26 feet along North Carroll Avenue to the most easterly southeasterly comer of said Thrailkill tract; THENCE North 89 degrees 16 minutes 13 seconds West at 17.10 feet passing the existing west lie of North Carroll Avenue, in all, a total distance of 208.25 feet to a'/"iron pin found for s southeast corner of said Thrailkill tract; THENCE South 00 degrees 16 minutes 58 seconds East a distance of 22.56 feet along an east line of said Thrailkill tract to a 5/8"iron pin found; THENCE North 89 degrees 15 minutes 25 seconds West a distance of 253.06 (W feet to a 34"iron pin found; THENCE North 89 degrees 08 minutes 50 seconds West a distance of 252.88 feet to a Y2"iron pin found; THENCE North 89 degrees 04 minutes 25 seconds West a distance of 249.55 feet to 318" iron pin found; THENCE North 00 degree 10 minutes 41 seconds East a distance of 316.04 feet to a fence post for the northeast corner of a tract of land described in a deed to Robert J. Morganstean and wife, Margie D. Morganstean, recorded in Volume 7246, Page 1110, Deed Records, Tarrant County,Texas; THENCE North 89 degrees 25 minutes 43 seconds West a distance of 324.44 feet to a%"iron pin found in the west line of said Thrailkill tract for the northwest comer of said Morganstean tract; THENCE North 00 degree 35 minutes 42 seconds East a distance of 179.78 feet to the POINT OF BEGINNIG, said described tract containing 12.469 acres of land. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-322.DOC Page 8 8D- 2- • City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-115 PROJECT: Preliminary Plat- Carroll Meadows STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat of Carroll Meadows on property legally described as Tract 2C situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. PURPOSE: Preliminary plat is required in order to final plat. LOCATION: On the west side of North Carroll Avenue approximately 1175' south of East Dove Road. OWNER: 011ie Mae Thrailkill APPLICANT: K. M. Properties, Inc. CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Four (4) responses were received from within the 200' notification area: • Verlin C. Martin, 1090 Primrose Lane, Southlake, TX, in favor. (Received November 29, 1999.) • Booker, William D., 1100 Primrose Lane, Southlake, TX, in favor. (Received December 6, 1999.) • Lanny M. Tate, 2120 N. Carroll Avenue, Southlake, TX, in favor. (Received December 8, 1999.) • Val Staley, 1030 E Primrose Lane, Southlake, TX, opposed. "Such development would change the rural character of the neighborhood. Most residents in the area have lived in their homes for 30 or more years, when Southlake was a rural community. Surely there is room in Southlake for a little bit of country amid all the housing developments!" (Received December 9, 1999.) 8 E-� City of Southlake, Texas P&Z ACTION: December 9, 1999; Approved(7-0)to table at the applicant's request and to continue the Public Hearing to the January 6, 2000, Planning and Zoning Commission meeting. January 6,2000;Approved(7-0) subject to Plat Review Summary No. 2, dated December 3, 1999, deleting Items#1 (provide a street stub) and#2 (minimum 100' lot width). STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated December 3, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-115PP.doc S E-Z d "" •' •' ri Y M �� 1�•� �� Ask�1� . >t�.. /��' ■ ,1, �� ' � � JI 1 �I I■■11 III . ONES girg NONE 15-4 n IF Ac _. _ NMI Nod 1 :• T 11 ;. 1�1 r MIN�l\� 717 �.� `` ■■�Rw 1 TRACT MAP .........: . x O LLJ Q U C7 O _ x w v z =,3 W - v Q 0 _ u, = ci. Q O (� o i�A OJ r' p x Q U Q IM d = FE t"Z,3 ------------------------------------------------- z --------------------- 0 w U Y x O a 0 3m H3)1009 M z P: Q a ' z OC I W E Z c Z � � co � Z / N � cc � O / 1LLI ZN J Q NOSSUVNOVU V 0 a i Q J Q H 1 Z W F- z Z cr a Q O j i CU to Y o0 Dec-03-99 04:42P P.Ol J. E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 7Z6 COMMERCE • SUITE 104 • $OUTHLAKE. TEXAS 7608z • (817) 468•]]1] December 3, 1999 Ms. Lisa Sudbury City of Southlake 1721 E. Southlake Blvd. #100 Southlake, Texas 76092 Re: ZA 99-115 Carroll Meadows, Preliminary Plat Dear Ms. Sudbury, We have reviewed your comments of December 3, 1999 for the referenced project and offer the following: 1. We respectfully request a variance as the adjacent property does not lend itself to future development. 2. We respectfully request a variance for this item. 3. - 5. Corrected. 6. At this time there are no easements required by Public Works. Any questions, please call. Sincerely, J.E. vitt Engineers, Inc. Jo n Levitt, P.E. RECD D E C 0 3 1999 City of Southlake, Texas PLAT REVIEW SUMMARY IL Case No: ZA 99-115 Review No: Two Date of Review: 12/03/99 Project Name: Preliminary Plat—Carroll Meadows(formerly named Southlake Acres),being 12.469 acres out of the Absolom H.Chivers Survey, Abstract No 299 APPLICANT: SURVEYOR: J.E. Levitt Engineers Area Surveying, Inc. 726 Commerce Street#104 102 W. Trammell St. Southlake, TX 76092 Ft. Worth, TX 76140 Phone: (817)488-3313 Phone: (817)293-5684 Fax: (817)488-3315 Attn: John Levitt Fax: (817)293-5685 Attn: Roger Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/29/99 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 LISA SUDBURY AT(817)481-5581,EXT. 880. 1. Provide a street stub into the adjacent property to the north of this site. (No.483-5.03-K-1) (Variance Requested) (P& ZAction 119100: delete) 2. A minimum 100' lot width measured at the minimum building setback (40 feet) is required. The applicant is providing and increased setback of approximately 80'. (Variance Requested) (P& ZAction 119100: delete) 3. Correct the dimensions on the building line noted on Lot 5, it appears to be approximately 80'. 4. Provide a measurement along the north boundary of Lot 6. 5. Correct the property ownership for the tract south of Lots 6& 7 (Tract no. 2C5). 6. Provide easements for water, sewer and/or drainage as required by Public Works. * Although there are a few lot lines that are not perpendicular or radial,they appear to meet the intent of the Ordinance. * It appears that a portion of this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone,requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No.479.Additionally,the"Avigation Easement and Release"shown in Appendix 3 of the Subdivision Ordinance No.483 will be required to be executed on subsequent Plats to be filed in the County Plat Records. 1 City of Southlake, Texas * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. * Denotes Informational Comment cc: John Levitt, J.E. Levitt Engineers, Inc. VIA FAX: ABOVE Roger Hart,Area Surveying, Inc. VIA FAX: ABOVE Kosse Maykus, K.M. Properties, Inc. VIA FAX: 817-329-3854 011ie Mae Thrailkill VIA MAIL: 2000 N. Carroll Ave. Southlake, TX 76092 NACommunity Development\WP-FILES\REV\99\99115PP2Southlake Acres.doc 2 S E"� Case No. 99-115 Review No. One Dated: 11 - 11 - 99 Number of Pages: 1 Project Name: Southlake Acres s(Preliminary Plat) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 11 - 01 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE PRESERVATION COMMENTS: * No comments. BUILDING INSPECTIONS F--S y ea g lip �� a t _ q as p a. CL Gn s bhE VIR 8 &A 8, 8 E� S •r :•.�..s Nq ww 4.• �,�I • r • . : . . t II[Yflf�PK V i�!�J 11I — -— '� Fa-v .=ans doowL'd i-z �.��- ti s7 ♦ 1 y �> � � r�--I i 77+ MM � � //'� � �^ I I d� i• 1 I 1 u ) _ a Yhs v I �rr•w �drwwd I ; ��II + •r sc sd'a�x rn Ill vil Q :X • � yy ♦xxi 1' b h Ul6e �3 � Ali 1 b9 -9 5 S�'—I 66616 8 AON dM swr-.w<a��I Yr%9.L 'AINAOD .LNYifMY1 '3NY'Iti.7.A0i , • ...« »��\„• .un o0L •SSITY .i3A8AG C2i�AItIO 'Y •§ ,? r � S f[ .I.avxc.c �xtav eovai i�!�!`•! _ F ,�, e.rrrrar-wrrr�oxr T� SMOOY9DQ '310tStiY7 i � ;, �C _ -aoae •s"oa>oaaa®ua>o � � � �i�d s J1J1.0A>0'9 7D'T anowvi rr.ur a�naunr•ru�u ar.wwrnr+ t I I I Gjd �yd I i I i I � [ Y I i i i I I ' - ' I I � I I i jI j • I 4 1 I ' 1 iK I ! 1 I ' I 1 I I • � I i J 1 I � 1 ' i 1 I i I I ' I • 1 1 1r �a / I e 1 I _ I I - 9•OB I I I r E 1 I I � I N 1 I I I ' I i I 1 t Sc VFj-10 � 666L 6 z AON 0 e.w-•w<��•,. /rx/S 'A1NA00 iNYYiiV.L '/XY'IHS[l0/ 8� • �� ""` eez �s.sHv xanens seanxxao -v � .� � � ±' i � « .Loves. aeov aas•as `��r p®r :� � e ■.aw.m.-wuwaowa � saeov 9JIY•iHs.n06 �� d �I E •oaca •��a�>tanosoaa� ; 3 j 4+� 110A�� 'T .mu.ao.w.ru u C Y / . I I / I • 1 ! I / I 1 1 jl ( 1 11 I I / I 1 \ \ \ �t\ \ I\ \ \ ♦ � I �,, e 4 \ / / �% I ' / •+ i / / / / \ 1 1 y 1 � I I 1 1 � I\\ \\ \--�•V.1 � \\� I I 1 1 1 1 \ \ 1 1 1 I\ 1 1 I \ \ r i- ! I �� I 1yyy1 ^S I I I p / City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-122 PROJECT: Ordinance No. 480-324 / V Reading/Rezoning- Tract 2C3, Obediah W. Knight Survey, Abstract No. 899 STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 20 situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 3.561 acres. PURPOSE: Zoning approval required prior to development. LOCATION: 219 Lilac Lane being on the south side of Lilac Lane approximately 200' east of Pine Drive. OWNER/APPLICANT: Sherry Berman CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fifteen(15) RESPONSES: None P&Z ACTION: January 6, 2000; Approved (7-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-122Z.doc ` City of Southlake, Texas Tract Map ZA►99-122 ------------ -11 _] -----1--- - r/lY FT -71 17 TIT ETi W 1 i � IT I i LLB ��1 vZ=TT- rI11 r [T IIl l L_'111L_� ,�� i li yDL IL 0.5 0 0.5 1 Mies N W E S 8 F-2- City of Southlake, Texas Surrounding Property Owners ZA99-122 NORTHW000 1 2 3 15 4 �AClg6N WH CH uPEL 5 14 13 12 111 9 8 7 6 TCH 00 0 Property Owner Zoning Land Use Designation 1. S. Talley 1. "SF-1A" 1. Low Density Residential 2. W. Ryon 2. "SF-IA" 2. Low Density Residential 3. B. Williams 3. "SF-IA" 3. Low Density Residential 4. J. Fultner 4. "AG" 4. Low Density Residential 5. R. Ramirez 5. "AG" 5. Low Density Residential 6. R. Reitig 6. "R-PUD" 6. Medium Density Residential 7. K. Meyer 7. "R-PUD" 7. Medium Density Residential 8. G. Weber 8. "R-PUD" 8. Medium Density Residential 9. J. Krause 9. "R-PUD" 9. Medium Density Residential 10. J. Welch 10. "R-PUD" 10. Medium Density Residential 11. B. Cepak 11. "R-PUD" 11. Medium Density Residential 12. R. Humm 12. "R-PUD" 12. Medium Density Residential 13. R. Matz 13. "AG" 13. Low Density Residential 14. J. Rudduce 14. "SF-IA" 14. Low Density Residential 15. J. Rudduce 15. "SF-IA" 15. Low Density Residential \\SLKSV4001\Local\Community Development\WP-FILES\NOTICE\99Exhibits\99122Z.doc 0Dr-.3 Andy Berman e17-481-0179 01/06/00 05:15P P.001 i To:Planning&Zoning From: Sherry Berman Re: Property on Lilac Lane I am sorry that I could not be here tonight. I have spoken to Michael Soutte,Lori Fawell and Art Wright. Hopefully this letter will answer all your questions. My husband i currently live with our two children in Timberlakc's subdivision. I am originally from Dallas and my husband is originally from Massachusetts. We love Southlake and we plan on staying here at least until our children(ages 5 and 10 now) graduate from high school. Some of you may know me as I am currently chairing the Parks and Recreation Board. We bought 3 1/2 acres from Virginia Carlyle. We would like to build a home that is approximately 5500 square feet. We plan on putting two horses on the property. There are currently two horses and a cow on the property now,but Virginia should be out of the home in the next two weeks. We don't have a particular tune frame on this; we would like to build sometime in the next year We want to take it slow, make sure we find the right builder and make sure all of our needs are being met in this home(if that is possible). There is currently a home on the property with a carport. This home is approximately 1500 square feet. We are hoping to rent out the. property for at least 6 months. Until we find the builder and architect, we arc not exactly sure of our time frame. We understand there is an ordinance saying there cannot be two houses on the property at the same time. The only reason there might be a problem with this would be because our home sold and we moved into the purr�nt home on the property until our new home is completed. We Ir d liY�f� lR Opv the building of our new home with the sale of our existing home so that Wq C-An move from the home in Timberlake's to the newly constructed home on Lilac. If we anticipate a problem, we will approach the Board of Adjustments for a variance. We will fence the property with a white split rail to keep the horses in. The barn will stay intact although the ta4ade will change to match the home. We are looking to do a home in an Austin hill country style home with a big wrap around porch. It will be brick and austin stone. The new home will sit approximately half way back on the property. If you have any questions,you many reach me at 329-2970 or on my mobile at 706-6061. 1 hope this answers all your questions Thank you, eF- q CITY OF SOUTHLAKE, TEXAS (W ORDINANCE NO. 480-324 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 LEGALLY DESCRIBED AS TRACT'2C3 SITUATED IN THE O.W KNIGH'I`STjRVEY,ABSTRACT NO. 899,AND BEING APPRUI�IMATELY 3:561 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL,.DISTRICT TO "SF-1A".SINGLE FAMILY RESTAENTIA, 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 (W FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 1 S �r� WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural (are District under the Cit 's Comprehensive Zoning Ordinance; and Y P g , 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 (W 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, WCOMMUNITY DEVELOPMENTIWP-FILES\ZBA\PENDING\480-324.DOC Page 2 c r^ 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 NACOMMUNITY DEVELOPMENTIWP-FILES\ZBA\PENDING\480-324.DOC Page 3 S• r� amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 20`situated in the O.W. KnightI'Survey, Abstract No.'899, and being approximately 3.5,E1;acres, and more fully and completely described in Exhibit "A" from`°AG" ricul Agtural District to "SF-IA"Single Family Residential 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, (W 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 4 Q 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 enc ouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting NACOMMUNITY DEVELOPMEN RWP-FILES\ZBA\PENDING\480-324.DOC Page 5 8 P- 1 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violation s 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 ,2000. MAYOR ATTEST: CITY SECRETARY NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 6 $F-ro PASSED AND APPROVED on the 2nd reading the day of ,2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 7 sF- rr � r EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Andrew L. Berman and Sherry Berman are the owners of a tract in the 0. W. Knight Survey, Abstract No. 899, situated in the City of Southlake, Tarrant County, Texas, and being the tract described in a deed recorded in Volume 14027, Page 105, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" Iron found at the Southwest corner of the herein described tract, said point being the monurented Southeast corner of Lot 6, of O.W. Knight Addition No. 899, as shown an a plat of record in Cabinet A, Slide 3621, Plat Records, Tarrant County, Texas; THENCE N. 00-08'-05" W. at 796.63 feet passing a capped iron found for the.Northeast corner of Lot 5 of said .O. W. Knight Addition and continuing in all 827.54 feet to a point in the center of lilac Lane; THEACK S. 890-20'-11" F.. 122.32 feet along the center of said Lilac Lane to a point in same for corner; :HENCE South at 30.0 feet passing a �" iron set in the Southerly line of Lilac Lane and continuing in all 219.00 feet along the West line of a tract described in Volume 9424, Page 600, Deed Records, Tarrant County, Texas to a ;" iron found at the Southwest corner of same; YHEYCE N. 890-56'-39" E. alongg the South line of the last referenced tract 90.31 feet to a *a" iron found at the Southeast corner of same in the Fact line of a tract described in Volume 12615, Page 200, Deed Records, Tarrant County, Texas; THENCE South (base-bearing recorded in Volume 11561, Page 495) 606.95 feet to a 3/8" iron found at the Southeast corner of the herein described tract; THENCE S. 890-55'-42"W. 21.0.69 feet to the POINT OF BEGINNING and containing 3.561 acres. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-324.DOC Page 8 48 City of Southlake, Texas STAFF REPORT January 14, 2000 CASE NO: ZA 99-138 PROJECT: Ordinance No. 480-326 / 1"Reading/Rezoning- Tract 20,R.D. Price Survey,Abstract No. 992 STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 20 situated in the R.D. Price Survey, Abstract 992, and being approximately 2 acres. PURPOSE: Zoning approval required prior to development. LOCATION: 4001 T. W. King Road being on the east side of T. W. King Road approximately 1,200' south of West Bob Jones Road. OWNER: Linnia Johnson APPLICANT: Linnie McAdams CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1B" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four(4) RESPONSES: Two (2) responses were received from within the 200' notification area: • William E. Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor. (Received January 4, 2000.) • Southlake/Solana, Ltd., 2108 Hurd Drive, Suite 200, Irving, TX, in favor. (Received January 6, 2000.) P&Z ACTION: January 6, 2000; Approved (6-1). STAFF COMMENTS: Please note that a change of zoning to the "SF-1B" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-138Z.doc �'I t i City of Southlake, Texas Tract Map ZA99=138 L L �F L_ T _ i --�nR JON--- -T � r 0.5 0 0.5 1 Wes N W E S R�G•2 e City of Southlake, Texas Surrounding Property Owners ZA99-13 S �131 6 1 � 4 3 Property Owner Zoning Land Use Designation 1. Southlake-Solana Ltd. 1. "AG" 1. Low Density Residential 2. Southlake-Solana Ltd. 2. "AG" 2. Low Density Residential 3. W. Lamoreaux 3. "AG" 3. Low Density Residential 4. W. Lamoreaux 4. "AG" 4. Low Density Residential 5. R. Savage 5. "AG" 5. Low Density Residential 6. City of Southlake 6. "CS" 6. Public/Semi-Public NACommunity Development\WP-FILES\NOTICE\99Exhibits\99138Z.doc �3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-326 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 LEGALLY DESCRIBED AS TRACT 20 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT 992, AND "BEING APPROXIMATELY 2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL-DISTRICT TO"SF-111"SINGLE FAMILY 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, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and (W WCOMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\480-326.DOC Page 1 art u4 4 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the Cit 's Comprehensive Zoning Ordinance; an y p g0 d 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; �r 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, NACOMMUNITY DEVELOPMEtMWP-FILES\ZBA\PENDING\480-326.DOC Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity zoning p y for the n o ng 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 NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-326.DOC Page 3 DIA 6 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract,20 situated 'in the R. D. Price Survey, Abstract 992, and being approximately 2 acres, and more fully and completely described in Exhibit "A" from "AG"Agricultural District to"SF-1B" Single Family Residential'Distriet. 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 L NACOMMUNITY DEVELOPMEN nWP-FILES\ZBA\PENDING\480-326.DOC Page 4 2G-1 among other things of the character of the district and its peculiar suitability for the particular uses (W and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-326.DOC Page 5 Q r Q Uhl�0 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 ,2000. MAYOR ATTEST: CITY SECRETARY NACOMMIINITY DEVELOPMEN RWP-FILES\ZBA\PENDING\480-326.DOC Page 6 yr OU� PASSED AND APPROVED on the 2nd reading the day of ,2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMEN9IWP-FILES\ZBA\PENDING\480-326.DOC Page 7 AID EXHIBIT "A" have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said hinnle-'Johnson a s her separate property and estate of the County-of Lenton , State of Terms all that certain ,Iot,:traot or parcel of land, out of the R,D,Priee survey of 160 screw in Denton dountyPT*=as, and being a portion of that certain trt: ,f land conveyed by .T.D.Jones and wife to June Jones by deed a i xebruary 28th 1981 and of record in Vol. 251 page 39 of the � dctirds of Denton County,Tezas and better described as follows; s#Inning 165 feet east of the south tieat corner of said tract of 'Isad conveged to June Jones as aforesaid; said beginning corner °.bfrig►" �['� ethe seater of a read; 'hence east with the southboundary line of said tract above �esnt�oned conveyed to June Jones as aforesaid 420 feet for corner; Thence north 210 feet for corner; Thence west parallel with the south boundary line of said June Jones tract aforesaid 420 feet to center of said road; Thence south with the center of said road 210 feet to the jf;ace of beginning and containing two acres of land,a portion of which is included in said road, N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-326.101 Page 8 r------`----�_._ - City of South{ake, Texas --- ---- i MEMORANDUM January 13. 1999 'To: Billy Campbell, City Manager From: Charlie Thomas I i Subject: Timarron Eagle Bend Estates, Phase 2 — Developer Agreement Action Requested: Authorize the Mayor to execute a _ residential Developer Agreement for Timarron Eagle Bend Estates, Phase 2 i Background Information: The final plat for Timarron Eagle Bend Estates, Phase 2 was approved on November 4, 1999. This subdivision contains 37 lots and is situated along the north side of Bear Creek. The Developer Agreement is the City's standard Developer ! Agreement and covers all public infrastructure improvements. ! Financial Considerations: None Citizen Input/ Board Review: On January 10, 2000, the park Board reviewed the park fee request by the developer and did not make a recommendation (see memo from Kevin Hugman). I I Legal Review: This is the City's standard Developer Agreement originally drafted by the City Attorney. ! Alternatives: Approve it or deny it. I Supporting Documents: Developer Agreement Plat Exhibit Parks Memo i i I i 10A-1 Staff Recommendation: Please place on the January 18, 2000 Council Agenda for City Councii review and consideration. Charlie J. Tho as City Engineer k 10A-2 TIMARRON EAGLE BEND ADDITI(-.)N,PHASE I! ._ RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the `Developer', of 'i"rnalron Eg�e.Brid,fiGdlt�rn,�f�' a5 1 , hereinafter referred to as the "Addition" to the roCity of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 37 lots contained within the Addition and to the off-site improvernents necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the Residential Developer Agreement 1 OA-3 i work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. Al! Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value cf the performance pond, Letters of Credit o, cash Escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements ...... mentioned hereinabove shall be vested in the City and Developer Residential Developer Agreement 10A-4 2 hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such Lime that the City, through its City Manager cr his duly authorized representative, provides Developer w;th a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On al; public facilities included in this Agreement for which Develo-e; awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re-testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); Residential Developer Agreement I OA-5 3 b. Technicians tme for preparing concrete cylinders; and C. Ccncrete cylinder tests and concrete coring samples. The City can delay ccnnection of buildings to service lines or water mains construcied under this Agreement unto said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the constructicri of mouses, hereinafter referred to as "Builder" will be responsibie for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. ll. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Residential Developer Agreement 1 OA-6 4 Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide tempo.arr water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1 . The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with 10A-7 Residential Developer Agreement 5 utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction ny the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Residential Developer Agreement 10A-8 6 Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F, EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soii control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement Residential Developer Agreement 10A-9 7 of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall riot be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whai:soever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to thes-a improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. I. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, -- FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR Residential Developer Agreement I OA-10 8 PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR iN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, `�--- deficiency or negligence of the engineer's designs and Residential Developer Agreement 1 OA-11 9 specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or oiner proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Deveioper without the express written consent of the City Manager, which shall not be unreasonably withheld or deayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 1 . The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151 , Tax Code, if the tangible property is: a. necessary and essential for the performance of the �-- Agreement; and Residential Developer Agreement 1 OA-12 10 ` b. completely consumed at the job site. 2. Tha purchase of a taxable ser✓ice for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of accordance with the Subdivision Ordinance No. 483=F,Rvecfr There are approximately 37 lots in the Addition, which ��0 11`' the total cost of Park Fee to $55,500.00. The developer requests 50% credit on the park fee for comma open space and amenities provided for a total park foe o $27,750.00. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Residential Developer Agreement 10A-13 11 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: STATE OF COUNTY OF On before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS Residential Developer Agreement 10A-14 12 By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 10A-15 13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Let<er of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount cf the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 10A-16 14 City_of Southlake, Texas I MEMORANDUM January 11, 2000 TO: Charlie Thomas, City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements - Hall Medlin Survey, Abstract No. 1037 (Timarron Eagle Bend, Phase II) i At their January 10, 2000 meeting, the Parks and Recreation Board considered the park dedication requirements of credits and fees for the Hall Medlin Survey, Abstract No. 1037 (Timarron Eagie Bend, Phase H), a thirty-seven (37) dwelling unit residential development. The required land dedication for this development is .925 acres or $55,500 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." Section 7.06 of the Subdivision Ordinance states the following: "A developer may request credit for any private park, recreation, or open space area, but such private park, recreation, or open space amenities may never satisfy more than 50% of the total park and open space dedication requirement of this ordinance." Therefore the proposed credits may not satisfy more than $27,750 of the required park dedication fees. Applying the maximum amount of credits towards the $55,500 leaves a park dedication fee of$27,750. ■ The developer requested consideration of credits for 4.44 acres of private, maintained open space, 1,150 linear feet of private concrete trail 4' in width, two (2) park benches, and landscaping of six (6) open space areas totaling $219,600. He requested approval of these private amenities as satisfying the $27,750 maximum credit allowable. The Parks and Recreation Board voted 4-4 on a motion to accept credits in the amount of $27,750 towards the required total of $55,500. Board members White, Miltenberger, Stokdyk, and Kemp voted against this motion, citing concerns over the lack of public open space and amenities included in the proposed credits. Board members discussed the current proposed revisions to the Subdivision Ordinance regarding a maximum of 25% credit for private amenities. The Parks and Recreation Board voted 4-4 for a motion to apply the proposed credits in the amount of $13,875 (application of the credits towards 25% versus the maximum application of 50% of the required fee) towards the required total of $55,500, with a commitment by the developer to construct public game and practice areas in future developments in the City. Board members Berman, Anderson, Glover, and Georgia voted against this motion, citing concerns that as the current Subdivision Ordinance allows a maximum of 50% credit applicable to private park land and amenities, application of credits at a lesser percentage would be inconsistent with practice and current regulations. 10A-17 Charlie Thomas, City Engineer January- 11, 2000 Page 2 aw Section 7.07(B)(1) of the Subdivision Ordinance states the following: "The Park Board shall make a formal recommendation to the City Council as to the acceptability of any proposed aiternatives to part: land dedication." The Parks and Recreation Board did not provide a formal recommendation to the City Council regarding this development at their January 10, 2000 meeting. Please contact me if you have further questions. Pleose note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifics that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and "toning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. Y-C� KH Cc: Malcolm Jackson, Chief of Building Services Karen Gandy, Interim Planning Director 10A-18 qu ------- 9� �If fit 1! �i: INS itt �N� i \\ � � ,� q I�, � I ■ Vy i/per ,• i / j... 5 , ' 1 I uw_iw:wu`r�r�ia/ -ell _N 01 O i er ' LO 10A-19 TMIA MON Ao01TM RAQU too UTATU Mori 2 -� -- lrliy of Jouthiake, Taxes -- ---- - -- I I MEMORANDUM January 3, 2000 To: Billy Campbell, City Manager From: Charlie Thomas Subject: K.amball/1709 Addition, Lots 2,3,4 Qc 5, Block 1 —Developer's Agreement I Action Requested: Authorize the Mayor to execute a commercial developer i agreement for Kimball/1709 Addition, Lots 2,3,4 & 5, Block 1 (Lowe's) i Background Information: The Plat Revision for Kimball/1709 Addition Lots 2,3,4 & 51 Block and the Site Plan for Lowe's was approved on August 28, 1998. The driveways, fire lane and deceleration lane was recently constructed by Lowe's. This developer agreement covers the public water and sanitary sewer being constructed by Lowes. This is the City's Standard Developer Agreement. The Park Bond approved, a park fee of $8,175.80 plus constructing an 8 foot trail in lieu of the 6 foot trail on the Master Trail Plan. j i Financial Considerations: None Citizen Input/ Board Review: None. Legal Review: This is the City's standard Developer Agreement originally drafted by the City Attorney. Alternatives: Approve it, deny it or modify it. Supporting Documents: Developer Agreement Plat Exhibit 1 OB-1 Staff Recommendation: Please place on the January 18, 2000 Council Agenda for City Council review and consideratier.. Charlie J. Th mas City Engineer 46, 1 OB-2 An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Kimball/1709 Addition, Lots �,3;4, &� 5;"`Block'1`, hereinafter referred to as "Addition" to the City_ of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City Commercial Developer Agreement 1 OB-3 1 acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is furt;ier agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understcod and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; Commercial Developer Agreement 1 OB-4 2 , d f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Commercial Developer Agreement 1 OB-5 3 I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or reguiatory aUthorizations granted by the City during the development review process. II. FACILITIES A. ON-SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Commercial Developer Agreement 1 OB-6 4 C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the hvo-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. Commercial Developer Agreement 1 OB-7 5 It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility chanae in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage coilectior: facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further,- the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 1 OB-8 6 F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Commercial Developer Agreement 1 OB-9 7 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. E. A Pre-Construction Meeting to be held with all Contractors, major Sub-Contractors, Utilities and appropriate Government Agencies. III. GENERA` PROVISIONS A. INDEMNIFICAT;ON DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 1 OB-10 8 C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the _ City a policy of general liability insurance. Commercial Developer Agreement 1 OB-11 9 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within tiie two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. !`✓. OTHER ISSUES A. OFF-SITE DRAINAGE — N/A B. OFF-SITE SEWER C. OFF-SITE WATER — N/A D. PARK FEES — N/A - due to date of plat The required park !and dedication for this development is .29452'acres or $11,780.80 in fees in lieu of land dedication. The proposal approved,by the.Parks and Recreation Board includes the following items: • Expansion-of the required six foot (6');Valkway along the north side of F.M. ,1709 (515 linear feet) per the Trail System Master Plan,to an eight, foor (8') section. The Parks and Recreation Board approved credits in the amount of $3,605.00 for the additional two, foot (2'. ' width above the required six foot (6') width. The Parks and Recreation Board a pproved the remainder of the part dedication requirements be met through g payment of .fees in thei amount of$8,175.80 ioieu of park land dedication. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Commercial Developer Agreement 1 OB-12 10 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: _ Title: Address: STATE OF COUNTY OF On before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By. Rick Stacy, Mayor Commercial Developer Agreement 1 OB-13 I ATTEST: Sandra LEGrand, City Secretary Date: y Commercial Developer Agreement 1 OB-14 12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 1 OB-15 Commercial Developer Agreement 13 City of Southiake, Texas i MEMORANDUM i October 13, 1999 i TO: Charlie Thomas, Deputy Director of Public Works i FROM: Kevin HL gman, Director of Community Services > ) I SUBJECT: Park Dedication Requirements—Lowe's - i At their October 11, 1999 meeting, the Parks and Recreation Board considered the park dedication requirements of credits and fees for Lowe's, a 14.726 acre non-residential development. The required park land dedication for this development is .29452 acres or $11,780.80 in fees in lieu of land dedication. The proposal approved by the Parks and Recreation Board includes the following items: ■ Expansion of the required six foot (6') walkway along the north side of F.M. 1709 (515 linear feet) per the Trail System Master Plan to an eight foot 8' section. The P Y C ( ) Parks and Recreation Board approved credits in the amount of 53,605.00 for the additional two foot(2') width above the required six foot (6') width. (W..r a The Parks and Recreation Board approved the remainder of the park dedication i requirements be met through payment of fees in the amount of$8,175.80 in lieu of park land dedication. The Parks and Recreation Board voted 6-1 to accept this proposal of credits and fees as meeting i the park dedication requirement. Please contact me if you have further questions. ` KH/j e Cc: Karen Gandy, Interim Planning Director 10B-16 itswe fu • -.:: is SF � ��ie � 4 Y Z j.�'OF� � s7 N � i? ^•I a $s it i ,�� h N v� '�F !n Y g 8 q w•S t} 1 -- —� o e s Z • - •• l •. •Yel•1'l 11YYII YYI `•I ell •IxYY)I„Yl•. lell l)t11e• �:- I I I ' •) T; n � • :' �_�_1,a, �cl p.c 7 r�,r) ur+•T�� l � , ..� •... �.-J b.ia I:�-----✓--T r/rTri u,,.<r,H ..11- ``7 /S I w�n)fun rs�nr 31 I t it .° tli � •ti _ F �S—�/f N • tom•- i 1 e�. ,I I r~ Ile � / � - 1•�I �(: R - ~ • �, +..-.a ufYun irii file f - —_��3---- a/rn bl // a` / ;� N�•�_��_�____ Y -. ., /.ne )r•IF";y. 1••Yl 'Y� M'all ee .............:Y l I: �' T• t .. 13NN OY 3PlY 3M0occ ... _.. ..... .. y - 3 f Ella O^0�4.. "�ys• ^ee I I7�� f Tca•a.le ..•., m .tea .44 I Ie/Il/Il= t I a� a 6._ nns { t/M .tea• ' R .= rj 3PN3 aV Y, t,v• •µf „I111•�f ,� Y•�` Y• ' 11vo NIM 'S •.,•••..• f" I O��YrI ffj Yt x'.iw�... N`,�^�,y°•M ....,. .. '(''.,�V�•- ' a _ .•..w sip '''' r 1(/e_.Ef _ ti OLee, s 1 NOR FH 80° Lot IIsTsf L II „ IOB-17 -- ---- City of Sou:hlake, Texas MEMORANDUM January 14, 1999 TO: Billy Campbell, City Manager I I FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Award of bid to Jackson Construction, Inc. for the construction of sanitary sewer and roadway improvements along Love Henry Court Action Requested: Staff seeks Council to award the bid for the reconstruction of Love Henry Ct. and construction of a sanitary sewer line to serve the residents along Love Henry Ct. Background Information: The CIP budget previously allocated funds for this project. The project has been delayed due to the acquisition of a drainage and utility easement. The easement has been obtained and construction of this project can proceed. This project will include installation of sanitary sewer to serve the residents along Love Henry Ct. The contract also includes reconstructing Love Henry Ct. following the installation of the sanitary sewer. A 4' sidewalk will also be installed on each side of Love Henry Ct. Financial Considerations: There were six bidders for this project (see attached bid tabulation). The bids ranged from the low bid of$365,253.00 from Jackson Construction, Inc. of Fort Worth to the high bid of $524,469.92. The CIP budget has allocated $359,000 for this project. The costs associated with this project are tabulated below: • The construction cost is $365,253.00. • The engineering, surveying, and testing cost is $24,020.00. Therefore, the cost for the project totals $389,273, which is $30,273 over the budgeted amount (8% increase). Since the project has exceeded the budgeted amount, any cost overruns have to be funded using available funds that exist from projects that were below budget. The cost for this project has been included in the attached CIP Project Cost Ledger. 10C-1 Cite of Southlaxe, 7exss - Citizen Input/ Board Review: Prior to construction, the City will hold a neighborhood meeting with the residents along Love Henry Ct. to discuss the project construction. Legal Review: None. Alternatives: None. Supporting Documents: Bid tabulation CIP Project Costs ledger Project map Staff Recommendation: Staff recommends Council award the bid to Jackson Construction, Inc. to construct sanitary sewer and paving improvements to Love Henry Ct. in the amount of $365,253.00. Please place this item on the January 18, 2000 City Council Agenda for review and consideration. 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(S7,5_) 7 BYRON NELSON STOP LIGHT $40,000 $65,000 (S25,000) 8 BYRON NELSON STRIPING $65,000 $65,637 ($637) 9 COMMERCE TRAFFIC LIGHT* $100,000 $48,405 S51,595 10 DIAMOND CIRCLE STREETS&SEWER S1,286,000 $990,161 $295,839 11 DOVE ACRES SEWER* S405,000 $205,474 $199,526 12 DOVE FORCE MAIN* $1,747,500j $2,113,2181 ($365,7:8) 13 DOVE/HIGHLAND PAVING* S611,480 $778,533 ($167,053) 14 DOVE/SH 114 WATER LINE RELOCATION S339,200 $280,424 $58.776 15 FLORENCE TOWER TANK PAINTING $105,000 $152,200 ($47,200) 16 FM 1709 TRAFFIC SEQUENCING* $120,000 S42,000 $78,000 17 IFM 1709 TRAFFIC SIGNAL CONVERSIONS* $200,000 $123,399 $76,601 18 HILLWOOD SEWER* $95,000 $82,415 $12,596 19 HUNTWICK ESTATES SEWER $200,000 S276,123 ($76,12'i) 20 JELLICO SEWER* S500,000 S419,723 S80,Zn 21 KIRKWOOD WATER LINE $326,000 $266,159 S59,841 22 LAKE DRIVE WATER,SEWER,PAVING* $364,500 $376,991 ($12,491) 23 LILAC LN.WATFI;,SEWER,STREET* $234,600 S286,782 ($52,182) 24 LOVE HENRY COURT SEWER&STREET* $359,000 $389,273 ($30,273) 25 MISSION HILL SEWER $430,000 S489,099 ($59,099) 26 N.WHITE CHAPEL-COUNTY LINE TO LAKE* $340,000 S470,970 ($130,970) 27 IN.WHITE CHAPEL-DOVE TO COUNTY LINE* $181,950 $177,010 S4,840 28 N-3&N-4 LIFT STATIONS* $1,000,000 S1,009,500 ($9,500) 29 N-5 SEWER&KIIMBALL/SH 114 WATER/SEWER RELOCATIONS $762,500 $743,255 $19,245 30 PEARSON GROUND STORAGE TANK NO.2* $1,687,400 $1,545,247 $142,153 31 PINE SEWER* $200,000 $183,368 $16,632 32 PLANTATION SEWER $110,400 $84,676 $25,724 33 PUBLIC WORKS CENTER U,4PROVEMENTS* S405,600 S472,580 (S66,980) 34 PUMP STATION NO.2* $3,110,000 $3,146,800 (S36,800) 35 RAINTREE/SHADY LN WATER,SEWER,PAVING $1,925,995 $1,615,029 $310,966 36 RIDGECREST* $355,576 S400,504 (S44,928) 37 SABRE SEWER CONNECTION-SOLANA S25,000 $21,700 $3,300 38 SHADY OAKS TRAFFIC LIGHT* $100,000 S91,000 S9,000 39 SOUTHLAKE/KELLER PUMP STATION MOD. S300,000 $116,281 $183,720 40 SUTTON PLACE DRAINGE&PAVING IMPROVEMENTS* $270,000 $274,145 (S4,145) 41 TIMARRON-BENT CREEK REPAIR* $726,986 $699,315 $27,671 42 TROPHY CLUB 24"WATER LINE* $1,511,000 $1,440,693 S70,307 43 W.CONTINENTAL RECON.-PHASE 1* $640,424 $731,161 ($90,737) 44 W.DOVE RECON:PEYTONVILLE TO SHADY OAKS $259,680 $298,397 ($38,717) 45 W.JONES BRANCH CHANNEL IMPROVEMENTS* $1,000,000 S930,522 $69,478 46 WATER&SEWER TO MIRON ADDITION $196,781 S262,535 ($65,754) 47 TOTAL $26,158,1721 $25,638,088 48 TOTAL(OVERYUNDER BUDGET S520,084 49 50 *Project not yet complete. Cost shown reflects contract bid price&engineering,surveying costs 51 52 53 10C-4 1/11 00 Love Henry Court Paving & Sanitary Sewer Improvements HU ;I IN T H p L�N -- - --� SPNO i ES-C ACES Proposed Paving 0 1 PJSAN BA S! r r GE�1-�ENN r P p,RK ■ ■ ♦ JS t Proposed Sanitary Sewer a\0lxo t MAR\GP P 17091SHADY t o PN 5 t F.M. 1709 r --too, \N� � �E GAP . N F-� F } No Scale 10C-5 Geographic Information Syster- City of Southlake, Texas : MEMORANDUM z TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 716 SUBJECT: Amendment to the City Council Expense Policy Action Requested: Approval of the amended City Council Expense Policy Background Information: On December 2, 1996, the City Council approved the City Council Expense Policy. Due to the recent scrutiny over bond rating trips to New York, the staff believes it is in the best interest of the City to amend the current City Council Expense policy to address bond rating trips. It is not unusual for City's to make bond-rating trips to New York when it is deemed essential to the bond rating presentation for the City to obtain the optimum bond rating. Item C (e) was added to the current City Council Expense policy for council's consideration. Financial Considerations: None required Citizen Input/ Board Review: None required Legal Review: None required Alternatives: Approve, deny or modify staff s amendment to the attached policy. Supporting Documents: City Council Expense Policy Staff Recommendation: Approval of amended City Council Expense Policy 10�- 1 CITY OF SOUTHLAKE CITY COUNCIL EXPENSE POLICY A) Policy statement. Section 2.05 of the Home Rule Charter of the City of Southlake provides that the "members of the Council shall serve without pay compensation; provided, however, that they shall be entitled to reimbursement for expenses in the performance of their specific duties when approved by the Council." Several organizations at the state, federal, and local levels provide beneficial meetings and educational seminars for elected officials throughout the year. These meetings and seminars are helpful to elected officials in fulfilling their responsibility to the citizens and are important in fostering legislation favorable to the city. It is the policy of the City Council to encourage City Council members to attend these meetings and seminars in order to more effectively perform their official duties. B) Purpose. The purpose of the City Council expense policy is to implement Section 2.05 of the City Charter by providing City Council approval for.certain expenses, requiring additional City Council approval for the other expenses, and providing for the administration of City Council member reimbursements for approved expenses incurred while performing their duties. C) Meetings, seminars, and other travel. (1) Events approved for City Council members travel. When funds have been budgeted, reimbursement for travel expenses of all City Council members is authorized for attendance at the following: (a) Texas Municipal League annual meeting: (b) Two national meetings each fiscal year from the following: (i) National League of Cities annual meeting; (ii) Annual Congress of Cities and Exposition; (iii) Other meetings as designated by a majority vote of the City Council; (c) Institute of Mayors and Council Members conducted by the Texas Municipal League; and (d) Local events held in the Dallas/Fort Worth Metroplex area (including Denton and Mid-Cities) sponsored by the North Central Texas Council of Governments, Texas Municipal League, or the State of Texas (not including overnight expenses). In addition to local events sponsored by these organizations, the City Council members shall attend the following events at the city's expense: (i) Monthly Southlake Chamber of Commerce luncheon; CATEMPTity Council Expense Policy.doc 1 r (ii) Annual Southlake Chamber of Commerce Banquet; (iii) Annual Southlake Employee Awards Banquet; (iv) Annual Tarrant County Mayor's Christmas Banquet; and (v) Annual United Way Volunteer of the Year Dinner. (2) Events approved for the Mayor or the Mayor's designee. In addition to the events approved for reimbursement in Subsection (C)(1), when funds are budgeted, reimbursement of travel expenses of the Mayor or Mayor's designee is authorized to: (a) attend the annual meeting of the U.S. Conference of Mayors; and (b) travel annually to Toyoma, Japan in support of the Sister City Program. (3) Other events and travel expenses. Reimbursement for expenses of travel of City Council members for purposes other than those listed in Subsections (C)(1) and (C)(2) must be approved in advance by a vote of a majority of the City Council. D) Reimbursable travel expenses. The following expenses may be reimbursed when a council member travels to a meeting or seminar or for a purpose authorized pursuant to Subsection(C). Expenses for other purposes must be approved for reimbursement by a majority vote of the City Council. (1) Transportation. (a) Personal vehicles. A City Council member may be reimbursed for mileage and parking expenses incurred in the use of a personal vehicle for travel beyond the cities contiguous to the City of Southlake if the round trip does not exceed 250 miles. For longer distance trips, reimbursement is limited to the lower of the vehicle mileage reimbursement or the air fare. The mileage reimbursement is at the rate established for reimbursement of city employees. (b) Air travel. Reimbursement for air travel is limited to coach fare and the most direct route available. (c) Airport transportation. Airport shuttle services should be used whenever feasible in preference to taxicabs. CATEMPTity Council Expense Policy.doc 2 /141c) --� Y (d) Car rentals. Rental of a car is authorized only at a destination reached by air travel when: i there is a necessity for round travel other than to and ( ) Y g from the airport; and (ii) another form of reasonable transportation is not available or the use of other forms of transportation is more costly than rental of a car and the parking expense that may be incurred. (2) Meals. (a) Reimbursement for meals and meal tips is limited to $35 per day. Only actual expenses will be reimbursed, and the city will not make reimbursement for alcoholic beverages. (b) In cases when travel is in a location with unusually high meal costs (e.g., New York City), the per diem meal rate may be adjusted by a majority vote of the City Council. (3) Lodging. While City Council members should be comfortably lodged,luxury hotel accommodations to be reimbursed by the city should be avoided. (4) Tips. Reimbursement for reasonable meal and baggage tips is authorized. (5) Travel time. Reimbursement for travel expenses will be made only for the duration of the travel necessary to conduct the city business. E) Other reimbursable expenses. In order to improve the effectiveness of council members in the performance of their duties and to assure necessary communications between council members and city staff, the city shall provide: (1) a mobile telephone to the Mayor for use in the performance of the Mayor's duties; (2) an alpha pager to City Council members in order for the city staff to send messages of meetings and emergencies and other important information as necessary; C:\TEMP\City Council Expense Policy.doc 3 /Z-I)X'--I L/ (3) a charge card to the Mayor or the Mayor's designee for use while conducting city business. It is anticipated that it may be necessary for the Mayor or the Mayor's designee to buy meals during meetings at which city business is conducted; and (4) upon reasonable request by a City Council member: (a) equipment or supplies necessary for the performance of the City Council member's duties; and (b) government related publications, which shall become the property of the city. F) Economy. Notwithstanding the authorizations contained in this policy, City Council members are expected to practice economy appropriate to the circumstances of the performance of their duties. G) Administration of City Council expenses. The city secretary is responsible for administering the City Council expense reimbursement process. Upon receiving notice of an event or meeting that is authorized for reimbursement by this policy, the city secretary shall provide information to the City Council members. City Council members wishing to attend a meeting or seminar authorized under this policy, shall notify the city secretary, who shall make the arrangements necessary for registration and travel. H) Travel advances. Upon the request of a City Council member, the city secretary may issue a travel advance for expenses related to travel for a meeting or seminar in an amount sufficient to cover the costs for transportation, meals, lodging, tips, and registration. In determining this amount, the city secretary shall use the seminar or meeting information available. I) Travel expense report. Accounting for travel expenses is the responsibility of each City Council member. Upon completion of travel, City Council members shall submit to the city secretary a complete travel expense report on a form provided by the city secretary. All expenses must be supported by documentation. Receipts for all expenses must be attached to the travel expense report. If a travel advance was issued, the City Council member must submit the travel expense report to the city secretary within five business days of returning from the travel and reimburse the city or be reimbursed the difference between the advance and the actual travel expenses. The city secretary shall forward the travel expense reports to the director of finance. CATEMP\City Council Expense Policy.doc 4 /U 116? - City of Southlake, Texas i MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Hotel Occupancy Tax Ordinance Action Requested: Discussion with the City Council regarding the proposed Hotel Occupancy Tax Ordinance. Background Information: The City Council has indicated a desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. As explained in the attached letter from City Attorney Deborah Drayovitch,the city may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Unlike the local sales tax,the hotel occupancy tax can be implemented without voter approval. This memo highlights information pertaining to the allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy tax revenues including definitions of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. Allowable Tax Rate-Maximum Seven Percent(7%) For those cities and counties participating in the hotel occupancy tax program, the maximum allowable tax rate is seven percent of the price paid for the use of a hotel room. Hotel food and personal service costs are not taxed. There is some variation in the levied tax rates for Texas cities. The comparative tax rates for neighboring cities and total revenues collected are as follows: City Hotel Tax Rate Hotel Tax Per Capita Tax Revenue 1998 Revenue Grapevine 6% $3,280,265 $ 112.33 Lewisville 7% $ 1,012,481 $21.76 N. Richland Hills 7 % $284,095 $ 6.19 Bedford 7% $ 831,540 $ 19.00 Euless 7% $332,995 $ 8.73 Hurst 7 % $ 76,687 $2.28 Farmers Branch 6% $2,140,128 $ 88.25 Burleson 7 % $ 80,518 $ 5.00 Billy Campbell January 14,2000 Page 2 The State of Texas administers a six percent hotel occupancy tax rate. There are seventeen counties,which have received legislative approval to adopt a county hotel occupancy tax. Neither Tarrant nor Denton Counties currently levy a hotel occupancy tax. Use of Hotel Tax Revenues -Promote Tourism The revenue generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. Expenditure Categories The expenditure of hotel occupancy tax revenues must fit into one of the five statutory categories: 1. Funding the establishment or improvement of a convention center 2. Paying the administrative cost for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or 5. Funding historical restoration or preservation programs. The explanations below summarize the allowable and prohibited expenditures for each of the five categories: (1) Funding the establishment or improvement of a convention center Convention Center facilities are defined as: civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums owned by the city or other gov't entity managed by the city. Allowed Uses • Acquisition of sites for a convention center • Construction of a convention center • Improvements to a convention center facility, enlarging, equipping, and repairing the facility • Operation and maintenance costs associated with a convention center. • Parking areas or facilities located in the vicinity of the convention center Prohibited Uses • Recreational facilities such as a golf course or tennis courts cannot be funded by hotel tax revenues. In fact, using a portion of the hotel occupancy tax revenues for a city recreational facility has been upheld by the Attorney Genera to violate the intent of the tax. Billy Campbell January 14,2000 Page 3 (2) Paying the administrative cost for facilitating convention registration Allowed Uses Costs associated with the administration of convention includes covering the facility costs, personnel costs, and costs of materials for the registration of convention participants. (3) Paying for tourism related advertising and promotions of the city Allowed Uses Promotional programs or advertising directly related to attracting conventions and tourists to the city. Prohibited Uses Advertising to attract new business and residents to the city is not an allowed use of hotel occupancy tax funds. (4) Funding programs which enhance the arts Arts is defined as instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic, and craft arts, motion pictures, radio, television, tape and sound recording, and performing arts. Allowed Uses • Promotional activities related to arts programs • Costs associated with the physical facilities to accommodate these art forms (5) Historical restoration and preservation programs Funds spent in this category must be used on a project or activity located within the city or immediate vicinity which will encourage tourists to visit historic sites Allowed Uses • Costs related to advertising and promoting tourists to visit historic sites • Costs associated with rehabilitation or preservation of historic structures Hotel tax proceeds may be used for covering a portion of administrative costs associated with implementing programs or projects covered in the five allowable categories. Efforts to promote the city as a tourist or convention location may involve some travel-related expenses. Such expenses may involve the travel to attend an event or to conduct an activity directly related to the promotion of the travel and hotel industry, or travel directly related to providing staff the training to acquire skills and knowledge necessary to promote tourism. Billy Campbell January 14,2000 Page 4 Additional Limits on Expenditures The statute sets additional limits on how cities can allocate the hotel occupancy tax revenues to be spent in each category based on the population of the city. These limits also vary based on the amount of tax levied by the city. For a city with a population under 125,000, the following list describes the minimum and maximum limits, which must be spent in each category, if the City Council chooses to adopt a seven percent hotel occupancy tax: • A minimum of one percent (1%) of the hotel occupancy tax rate must be spent on tourism related advertising and promotions; • A maximum of 15% of the total revenue produced by the tax can be spent on art related programs; • A maximum of 50% of the revenue may be spent on historical restoration or preservation programs, if no revenue is allocated to construction or operating a convention center. Possible Hotel Occupancy Tax Expenditures The primary qualification for the use of hotel ocupancy tax revenue is that (W the expenditure directly enhances and promotes tourism. The following lists describe possibilities the City of Southlake may choose to use for the hotel tax revenue. Promotional • City wide festivals/events - promoted regionally, state wide, nationally to bring visitors to Southlake (ie: kite festival, Fourth of July celebration, holiday lighting celebration) • Banners on city light poles promoting various events • National and State recreational tournaments (ie: baseball, softball, soccer, basketball tournaments) • Marketing/advertising of Southlake in state and national travel magazines • Contribution to the Chamber of Commerce for the promotion of tourism to the city • Travel expenses associated with trips to Sister Cities by promoting cultural exchanges to Southlake • Possible costs associated with entrance portals �1� � -7Z Billy Campbell January 14,2000 Page 5 Historical Preservation • Restoration of historical sites such as the log cabin • Various programs such as oral history events, historical society • Establishment of a historical commission • Historical memorial or monument displays (ie: such as memorial to Bob Jones) Cultural Programs • Contributions to the Northeast Tarrant Arts Council for promoting, sponsoring and holding arts in the City of Southlake • Contribution to Lake Cities Community Band for their seasonal concerts • Masterworks music series • Possibilities to include some costs associated with Texas Sister Cities International • Funds related to displays of public art Convention Center/Visitors Information Center • The city may choose in the future to build a conference center • Designate a location for a visitor's information center and provide materials for visitors. Financial Considerations: If the City Council adopts a hotel occupancy tax ordinance, the maximum allowable tax rate for the city to levy is seven percent of the price paid for the use of a hotel room. Citizen Input/ Board Review: It is the City Council's authority to designate how the funds are used and to ensure they are used properly. It is the City Manager's recommendation that the City Council determine how to spend the funds for the first two years the tax generates revenue. Some cities create a hotel advisory commission, made up of representatives in the travel and hotel industry, to obtain input on the use of the tax revenues. Legal Review: The City Attorney prepared the draft ordinance and provided a summary cover letter regarding the hotel occupancy tax. Alternatives: Not applicable. Billy Campbell January 14,2000 Page 6 Supporting Documents: Proposed Hotel Occupancy Tax Ordinance and cover letter. Use of Hotel Occupancy Tax Revenues -Area Cities Comparative Analysis Staff Recommendation: Please place this item on the,January 18, 2000 City Council agenda as a discussion item. U N .r O cd U O O O U O o O U 4: U U can, on �+ ed O c�Ud O A ^ CO C O. N �aU+ O C/1 'U U y N TJ (UU U N ^ rn sue. O, OM &n VyDQl •v� Q"i dC i+ 'iai cd ' � A ObU.�Q o cd ' � ti0 O .+NO.+, �HO '+0 ..0b O 6 s, e d b , +' U Q +' �bpOuy coO ' O � q IL) 'n 0 ; +In to Om O a *o � p +' o • ;O cd > O to > N >V O cd co> c b ?t Z AU a � a o Ei x N �+ cede `" .. a $ c > o. N yEn c to o ea w> a -d U H Cd L ycz A w U by o r +U+ w ° Q U � •�: U U 0 � why i a , o _ . o vy UF- o 3 a �, A O 4. U CO V 'b U O N v ed ° N U U .�C ^C �+ U ° ° � '� CA o � e`do � i o3 U ° 010 +, ed .° ° o 'C o bo ed o >U cad. Ua�i C '° > C.U. "N � y cd q.0 oOv �o 0 aoi O U OU U UU O. R. cz .� .r u C y Qn w � � e� W sue, m o s i U o e.S. o 9" -.8 U .b u rJ3 o ° ° Gcd i s U E � x aoi C 6.ai 'b pcd ... 4°. b �' o c 0O w Q > o 0. O O N ^C O O o U o0w � xv� ww 3 dva a ° r� � xCr� a wl 0 w co U a` a) ° � a o q 0 .14 x Cd O O � a c � w aD v cdr4 a ° U a o 0 a O v° a� .., M. a TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW 500 THROCKMORTON STREET TELEPHONE(817)332-2580 '00 BANK ONE TOWER TOLL FREE(800)318-3400 RT WORTH,TEXAS 76102-3821 FAX(817)332-4740 DEBRA DRAYOVITCH email:DdravovitchD-toase.com extension:224 January 6, 2000 [VIA EMAIL&FIRST CLASS MAIL] Ms. Shelli Siemer CITY OF SOUTHLAKE 1725 E. Southlake Boulevard Southlake, Texas 76092 Re: Proposed Hotel Occupancy Tax Ordinance Dear Shelli: Enclosed you will find a draft of the proposed hotel occupancy tax ordinance which you have requested that I prepare. The ordinance tracks the provisions of Chapter 351 of the Texas Tax Code, which govem municipal hotel occupancy taxes. For your convenience, I have also enclosed a copy of Chapter 351. The following is a brief summary of the applicable law regarding the City's authority to impose a hotel occupancy tax and the mechanisms. In general, home rule cities are authorized to adopt a hotel occupancy tax within the city boundaries. The City Council implements the tax simply by adopting the ordinance calling for the levy of the hotel occupancy tax. Unlike a local sales tax, the local hotel occupancy tax does not require voter approval. A city with a population of under 35,000 may also adopt the hotel occupancy tax within that city's extraterritorial jurisdiction (ETJ) as long as the combined state, county, and city tax does not exceed 15%. We have provided that this ordinance imposes the tax in the city's ETJ. If you do not desire this provision in the ordinance, we can delete it. The tax is imposed against any person or entity who pays for the use of a room in a hotel if the room is ordinarily used for sleeping and the charge for the room exceeds $2.00 per day. The price of the room does not include the cost of food service or other personal services except those relating to cleaning and readying the room for use. The statute allows an exemption from the tax for persons who have contracted to use a hotel room for 30 or more consecutive days. The statute also provides that employees of a federal or state agency must pay the hotel occupancy tax at the time they use the room. However, such a governmental entity is entitled to receive a refund of those taxes on a quarterly basis by filing a refund claim with the city on forms promulgated by the state comptroller. Current law does not exempt city officers and staff from the hotel occupancy tax, even if the officer or employee is traveling on official City business. Additionally, Shelli Siemer January 6, 2000 Page 2 employees of institutions of higher education are not exempt from the application of the tax. The draft ordinance incorporates these statutory exemptions. The tax is paid by the hotel customer to the hotel and then is remitted to the city on a regular basis. The state comptroller's office is not involved. The ordinance provides for a tax of 7% of the charge paid by the occupant of a hotel room, and the term "hotel" is specifically defined in the statute and set forth in the ordinance. If the Council wishes to adopt a lower tax rate, we can amend that section. Most cities, however, adopt a tax rate of seven percent. The operators of the hotel must collect the tax, and report and pay the tax to the city on the 151 day of the month following when the tax was earned. Additionally, the person collecting the tax is entitled to be reimbursed one percent of the gross amount of the tax collected if the tax is paid to the city timely (on the 15t' day of the following month). The city, however, is not permitted to retain any established percentage of the collected tax to cover their own administrative costs. The statute and draft ordinance authorize the City to take the following actions against a hotel that fails to report or collect the tax: 1. To require the forfeiture of any revenue the city allows the hotel operator to retain for collecting the tax; 2. To bring suit against the hotel for non-compliance; 3. To bring suit to enjoin operation of the hotel until the required report is filed and/or the tax is paid; and 4. To take any other remedies provided under law. The statute and the ordinance further provide for penalties in the event the hotel fails to collector pay the tax, or fails to file a report as required. Such failure is an offense punishable by a fine of up to$500, and there is an additional penalty of 15%of the tax due. Further, delinquent taxes accrue interest at 10% beginning 30 days after the tax is due. The ordinance further provides for attorneys'fees in the event the city has to enforce these provisions against any person. Finally,the statute and the ordinance limit the disposition of the hotel occupancy tax revenue. Every expenditure of such taxes must first,directly enhance and promote tourism in the convention hotel industry, and secondly, must fit into one of five statutory categories for expenditure of tax revenues: 1. Funding the establishment or improvement of a convention center; 2. Paying the administrative costs for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or Shelli Siemer January 6, 2000 Page 3 5. Funding historical restoration or preservation programs. Additionally, the statute provides certain additional rules regarding the expenditure of tax revenues. For example,a city with a population of less than 125,000,like Southlake, must spend an amount equal or greater than the amount of tax equal to one percent of the cost of the room plus cost of tax on advertising and promotion of the city to attract tourist and convention delegates, and such a city is limited in spending a maximum of 15% of the revenue for certain arts programs. Finally, if the City does not use any of the hotel revenue for constructing or operating a convention center, only 50% of the tax revenue may be spent on historical restoration and preservation projects. After your review of the enclosed draft hotel occupancy tax ordinance, please give me a call with any questions, concerns or revisions. I hope you had a wonderful Holiday. Sincerely, Debra Drayovitch DAD:tml Enclosure cc: Shana Yelverton Assistant City Manager City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 Sharen Elam Director of Finance City of Southlake 1725 E. Southlake Boulevard Southlake,Texas 76092 W:%Southlake\LETTERS\Siemer.LTR.DAD.W pd ORDINANCE NO. AN ORDINANCE PROVIDING FOR A HOTEL OCCUPANCY TAX OF SEVEN PERCENT ON THE PRICE PAID FOR A ROOM IN A HOTEL; DEFINING TERMS; PROVIDING FOR A TAX LEVY; PROVIDING FOR EXCEPTIONS;PROVIDING FOR THE DISPOSITION OF REVENUE AND REFUNDS; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF THE TAX; PROVIDING FOR REPORTS,PAYMENTS AND FEES;PROVIDING RULES,REGUL ONS AND PENALTIES;PROVIDING A CUMULATIVE CLAU • P DING A SEVERABILITY CLAUSE; PROVIDING F R PUB N; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a h rule ci ing un pted by the electorate pursuant to Article XI, Section 5 of th nstitution and C apter 9 of the Local Government Code; and WHEREAS,the city council of the City, a has de d that it is necessary to adopt this ordinance to impose a hotel o ancy t t interests of the citizens of Southlake are served; NOW,THEREFORE, - O ED B HE CITY COUNCIL OF THE CITY OF SOU ,TE SECTION 1. That a Co dinances of the City of Southlake is hereby amended by ad anew Articl ,which shall read as follows: "ARTICLE IV. HOTEL OCCUPANCY TAX efinitions. (1) "Consideration" means the cost of a room in a hotel, and does not include: (A) the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or (B) any tax assessed by any other governmental agency for occupancy of the room. // /:1;1 (2) "Director" means the director of finance of the city or the director's designated representative. (3) "Hotel" means any building in which members of the public obtain sleeping accommodation for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court,lodging house, inn,rooming house,or bed and breakfast. The term does not include: (A) a hospital, sanitarium, or nursing home; or (B) a dormitory or other housing facility owned or eased by an institution of higher education or a private or indepe sti er education, as those terms are defined by Section 61.003 Texas E e,as amen , that is used by the institution for the purp of provi sle o ns for persons engaged in educational pro or ac ' at the (4) "Occupancy"means the use or posses sio t to the use or possession, of any room in a hotel. (5) "Occupant"means any person who, nsideraLIXIMMURRIEWssesses,or has a right to use or possess any room in a hotel under an ssion,p ght of access, license, contract, or agreement. (6) "Tax"means the hotel pancy levie article pursuant to Chapter 351 of the Texas Tax Code, as amende (7) "Tourist" means indivi who s from the individual's residence to a different m 'cipality, co e,or co ure,recreation, education, or culture. itor enter" means a building or a portion of a building used to distribute o to info ourists. Sec. 17-101 unt o There is ied a tax upon the occupant of any room that: (1) i a hotel within the City or its extraterritorial jurisdiction; (2) ordinarily used for sleeping; and (3) a cost of occupancy of which is $2 or more each day. e tax is equal to seven percent of the consideration paid by the occupant of the room to the hotel. w:\southlake\Ordinances\HoteloccupancyTax.wpd Page 2 Sec. 17-102. Exemptions and refunds. erson described in Section 156.101 or Section 156. d)ofthe Texas Tax Code,103 (a) A p ( as amended, is exempt from the payment of the tax imposed under this article. (b) A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article,but is entitled to a refund of the tax paid. (c) A person described in Section 156.103(c)of th Texas as amended,shall pay the tax imposed by this article, but the state gove ent' om the person is associated is entitled to a refund of the tax paid. (d) To receive a refund of tax paid under thi 'cle, overnmen ed to the refund must file a refund claim with the director on escribed by the ptroller and provided by the director. A governmental entity ma d claim with the director only for each calendar quarter for all reimbursements accrue iarter. Sec. 17-103. Responsibility for collection, repo nd pay Every person owning,operating,m g, g an tel shall collect the tax for the city and report and pay the tax to the c' acco n irements and procedures set (W forth in this article. Sec. 17-104. Reports; paymen (a) On the 15th a mon each month in which a tax is earned, every person re y this llect th file a report with the director showing: the co aid for all occupancies in the preceding month; amo collected on the occupancies; and er in tion the director may reasonably require. Every p ed by this article to collect the tax shall pay the tax due on all occ cies in the prec onth to the director at the time of filing the report required under S ction(a) of this s on. (c) Ev erson collecting a tax under this article may deduct a one percent collection ount of tax collected on all occupancies in the preceding month if the tax is ved by the director no later than the 15`f'day of the month following the month in wlu is required to be collected. If the 15"day falls on a weekend or holiday,the director must receive the tax by the next business day. If the tax is paid by mail,the date of receipt by the director is the date postmarked by the U.S. Postal Service. W:\Southlake\Ordinances\HoteloccupancyTax.wpd !� Page 3 //'//�% �// (d) Each remittance of a tax required by this article must contain the following statement and representation signed by the person required by this article to collect the tax: The tax remitted and paid to the City of Southlake with this report was collected pursuant to the requirements of Article IV,Chapter 17, Southlake City Code, as amended. (e) The director shall maintain a record that accurately identifies the receipt AN expenditure of all revenue derived from the tax imposed by this article. See. 17-105. Tax collection on purchase of a hotel. (a) If a person liable for the payment of a t der this e i f th tel and sells the hotel,the successor to the seller or the sell e sign all withh f the purchase price sufficient to pay the tax due until the 'des a receipt director showing that the amount has been paid or a certificate st o tax is due. (b) The purchaser of a hotel who fails to old of the purchase price as required by this section is liable for the amount re be wi xtent of the value of the purchase price. (c) The purchaser of a hotel reques a ssue a certificate stating that no tax is due or issue a statement of Me oun quire aid before a certificate may be issued. The director shall issue a c or ement later than 60 days after receiving the request. (d) If the direct o issue or statement within the period provided by Subsecti this se chase ed from the obligation to withhold the purchase price or unt Sec. 17-106. egula ector i to make any rules and regulations necessary to effectively collect the t e director s giving reasonable notice, have access to all books and records nec to enable the to determine the correctness of any report filed as required by this and the amount es due under this article. -107. Use allocation of revenues. revenue derived from any hotel occupancy tax imposed and levied by this article In a only to promote tourism in the convention and hotel industry, and that use is limited to the following: (4W W:\Southlake\Ordinances\HoteloccupancyTax.wpd Page 4 (1) the acquisition of sites for and the construction,improvement,enlarging,equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers,or both; (2) the furnishing of facilities,personnel,and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the city or its vicinity; (4) the encouragement,promotion,improvement,and application of th s,including instrumental and vocal music, dance,drama, folk art, cre ve , architecture, design and allied fields, painting, sculpture, hotogra c and draft arts, motion pictures,radio, television,tape and rec other arts relating to the presentation,performance,executi0 exhibiti or art fo ; and (5) historical.restoration and preservation ects activities and conducting solicitations and promotio s to encoura sts and convention delegates to visit preserved hi or museums: (A) at or in the immediate vicinity center facilities or visitor information centers; or (B) located elsewhere in the c1gigngts vicim Id be frequented by tourists and convention (b) Revenue from any hotel occ cy tag ed by this article may not be used for the general revenue purposes gener ver erations of the city. (c) Allocations of the h up ax reve by the city for the purposes set out by subsection(a) above,must co m ith th visio Chapter 351 of the Texas Tax Code. See. 17- alties NMFPV (a) n co nse if the person: colle tax imposed by this article; (2) a report as required by this article; (3) the director the tax when payment is due; (4) fi se report; or (5) f s to comply with Section 17-105(a)when purchasing a hotel. (b) An a committed under subsection(a)of this section is punishable by a fine not In addition to any criminal penalties imposed under Subsection(b) of this section, a person failing to pay the tax to the director by the 25`h day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days from the date the tax is due to the director. W:\Southlake\Ordinances\HotelOccupancyTax.wpd Page 5 ///:;� /�e7 (d) In addition, the city is authorized to file legal proceedings against the hotel for noncompliance seeking any other remedies provided by state law. (e) In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney's fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article." SECTION 2. CUMULATIVE CLAUS This ordinance shall be cumulative of all provisio ordinanc of Southla& Texas,except where the provisions ofthis ordinance are 'rect c ict with th such ordinances, in which event the conflicting provisions o ces are hereby repealed. SECTION SEVERABILI USE It is hereby declared to be the intentio a that ases,clauses, sentences, paragraphs and sections of this ordi ce are erable any phrase, clause, sentence, paragraph or section of this or ' 9611 eclared onstitutional by the valid judgment or decree of court of co urisdic constitutionality shall not affect any of the remai ' claus ,paragraphs and sections of this ordinance, since the same would have be y the 1 without the incorporation in this ordinance of any such unconsti nal p entence,paragraph or section. SECTION 4. PUBLICATION The city s ary of the City of Southlake is hereby directed to publish the proposed aption and penalty together with a notice setting out the time and place for a public hearing thereon at least 10 days before the second reading of this ordinance. The city secretary shall additionally publish the caption and penalty clause of this ordinance in the official city newspaper W:\Southlake\Ordinances\HoteloccupancyTax.wpd Page 6 1/,62 /7 one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter (W of the City of Southlake. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage blication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST IN N THI OF 2000. MAY A �s SEC ARY P D AND AP D ON ADING ON THIS DAY OF 200 MAYOR ATTEST: CITY SECRETARY AP AS TO FORM AND LEGALITY: City Attorney W:\Southlake\Ordinances\HoteloccupancyTax.wpd Page 7 City of Southlake, Texas January 20,2000 DRC Meeting RESUBMITTALS CASE DESCRIPTION ZA99-135 SITE PLAN Timarron Country Club Location: 1400 Byron Nelson Parkway Current Zoning: "R-PUD" Residential Planned Unit Development District Applicant: Chris Consultants, Inc. Owner: Timarron Land Corporation ZA99-136 SITE PLAN Lot 2, Block B, Hart Industrial Park Location: On the south side of Hart Street, approximately 200' east of Brumlow Avenue Current Zoning: "I-l" Light Industrial District Applicant: Kaker& Ware, Inc. Owner: Spence Corp NEW SUBMITTALS CASE DESCRIPTION ZA00-001 FINAL PLAT Lots 1 & 2, Malik Estates Addition Location: On the northeast corner of the intersection of Randol Mill Avenue and Gifford Court. Current Zoning: "SF-IA" Single Family Residential District Owner/Applicant: Parvez& Seema Malik ZA00-002 SPECIFIC USE PERMIT(ART FESTIVAL ) "Art In The Square" at Southlake Town Square Location: On the northeast corner of East Southlake Boulevard (F.M. 1709) and North Carroll Avenue Current Zoning: "NR-PUD"Non-Residential Planned Unit Development Applicant: Southlake Town Square Owner: City of Southlake ZA00-003 FINAL PLAT Emery Addition Location: On the northeast corner of the intersection of North Kimball Avenue and East Northwest Parkway (S. H. 114) Current Zoning: "C-3" General Commercial District Applicant: Leonard Douglas Emery Owner: Leonard Douglas Emery, Kelly Emery, and Frances Ann Goetz ***Note: An 11x17 reduction is not attached to this packet*** • City of Southlake, Texas ZA00-004 SITE PLAN ISIS Papyrus Location: 343 Bank Street,on the east side of Bank Street, approximately 800' south of East Southlake Boulevard(F.M. 1709) Current Zoning: "C-3" General Commercial District Applicant: G.L. Barron Construction, Inc. Owner: Osiris Properties Inc. 'kris Consultants,Inc. Request for Variance 10 Jan 2000 America's Leading City of Southlake Club Architect Planning Division 1725 E. Southlake Blvd. Southlake,Texas 76092 Harry J.Chris.AIA President Jimmie L.Chris Dear Sir or Madam, Sr. V.P.Finance ohm E.Herron,FIIDA This letter accompanies the revised Site Permit Submittal for case #ZA 99-135 Sr: V.P.Interior Design (Timarron Country Club), clarifies some issues raised by the DRC in their 28 Dec. 99 Kevin P Architectural AIA letter, and requests a variance on bufferyards. Sr. V.P.Arc•hitecuu�al Design kyan lakel,AIA On page 3, comment 2.b.,the DRC requests that dimensions between each VP Club Architecture proposed driveway centerline be provided. No new driveways are proposed. Daniel Todd VP Architecture On page 3, comment 2.d.,the DRC requests that minimum driveway spacing Lisa H.Chris-Tietjen of 150' be provided. The centerlines of the existing driveways for the existing Director Club Services clubhouse and the existing maintenance facility are only 72' apart. No changes to the location of these existing driveways are proposed. Architecture On page 4, comment 6.,the DRC requests that all mechanical equipment be Interior Design screened. The proposed mechanical equipment will be mounted in screened roof- Master Piannin, wells, and will not be visible from adjacent properties. Food service Planning On page 6, comment 13.,the DRC requests the locations of proposed new lighting, signs, and exterior auditory. None are proposed. On page 11, general comment,Mr. Bloomburg indicates the building will not have adequate fire lane coverage. We have added a 24' x 145' fire lane on the south side of the building as directed by Mr. Barnes,the Fire Marshall. Mr. Barnes indicated that this would bring the building into fire lane compliance. 1520 W.Airport Fwy The owner seeks a variance on the requirement of bufferyards. Lot 3R2, Block 1, and the surrounding lots constituting the golf course are owned by the Timarron Suite 20o Golf Club, Inc. The adjacent lot,Lot 3R1, Block 1, is owned by Westerra Timarron, Irving,Texas 75062 L.P.,but is currently being purchased by the Timarron Golf Club, Inc. for future Fax 972/259-9664 development as a tennis facility. At present, there are good views of the golf course Phone 972/253-3583 RECD JAN 10 2000 from the clubhouse and the parking lot. The owner desires to maintain these unobstructed views. The imposition of bufferyards would be inconsistent with maintaining these sight lines. Additionally, since all these lots will be owned by the Timarron Golf Club, Inc.,the imposition of bufferyards would be inconsistent with their purpose of providing screening between dissimilar activities on lots held by different owners. / Sincefely, Z", Haf�ry J. C A President f Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.