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1998-03-03 CC Packetcity manager's report
Volunteer of
the Year
Nominations
Nominations for
Volunteer of the Year are
currently being accepted.
Nominees for the award should
be residents of the City.
Nomination forms are due by
March 6. For more
information, or for a
nomination form, contact Shelli
Siemer at 481-5581, ext. 806.
SPIN #12 Sewer Meetings
Dove Acres/Hillwood
Estates
March 4, 7:00 p.m.
Lodge, Bicentennial Park
Public Works officials will
present preliminary plans and
discuss the request for
neighborhood sewer.
Cross Timber Hills
March 5, 7:30 p.m.
Lodge, Bicentennial Park
Discussion will include the
alignment of sewer lines, and
service locations for the future
sewers in Cross Timber Hills.
Call SPIN #12 Representative
David Baltimore at 481-5581
ext. 892 for more information.
February 27, 1998
City Council Meeting
March 3, 1998
The following items will be addressed at the regular
City Council meeting on March 3, 1998
Consent Agenda:
A) Res. 98-13 Renewal of an agreement with the Fort Worth Star Telegram
B) Authorization to advertise for bids for a replacement mowing tractor
C) Change Order for a water transmission line to East Dove Street
D) Commercial Developer Agreement for the Courtyard at Timarron at the
intersection of South White Chapel and East Continental (#9W-#14)
E) Award of bid for fencing at Bicentennial Park water tower
F) Res. 98-15 Approving actions by Tarrant Appraisal District Board of Directors
to acquire property and construct an office facility for district operations
G) Res. 98-16 Abandoning a temporary construction easement in Diamond Circle
H) Res. 98-17 Ratifying recommended bylaw amendments for NCTCOG
1) Res. 98-18 Amending and reducing the ETJ of the Southlake, and consenting to
the expansion of the ETJ of the City of Grapevine.
J) Res. 98-19 Initiating annexation preceedings of railroad crossings at Brumlow
and Kimball Avenue
Ordinances, second readings, public hearings, and related items:
A) Ord. 693 Adopting the Uniform Building Code
B) Ord. 694 Adopting the International Mechanical Code
C) Ord. 695 Adopting the International Plumbing Code
D) Ord. 692 Adopting the Uniform Housing Code
E) Ord. 697 Establishing regulations applicable to Substandard and Dangerous
Buildings, repealing Ordinance 615
F) Ord. 622-A Amending Ord. 622, providing changes to the Building Board of
Appeals
G) ZA 97-169 Concept Plan for the Roomstore, Village Center (#8)
1T) ZA 98-004 Site Plan for the Village at Timarron, Phase II (#9E)
Ordinances, first readings. and related items:
A) ZA 98-005 Plat Revision for Timarron at the S.E corner of the intersection of
Byron Nelson Parkway and F.M. 1709 (#9E)
B) Ord. 480-271 Rezoning (SF -IA) for 1425 N. Peytonville (#11)
C) ZA 98-008 Plat Showing for 1425 N. Peytonville (#11)
D) Ord. 698 Calling a Special Election for May 2, 1998 for the purpose of
Amending the Home Rule Charter
E) Ord. 699 Approving a cross connection control policy
Resolutions:
A) Res. 98-14 Setting the salary for Judge and Alternate Judge of Municipal Court
B) Res. 98-20 Providing residential homestead exemptions for persons 65 and
older, and for exemptions from ad valorem taxes for homsteads of the disabled
Other items for consideration
A) Developer agreement for Timarron Wyndsor Grove
Other items for discussion
A) Impervious Coverage, proposed Ordinance 480-BB
B) Residential Adjacency, proposed Ordinance 480-CC
C) Corridor Study Urban Design Enhancements to S.H. 114
Upcoming
Meetings
March 2. 1998
Keep Southlake Beautiful
7:00 p.m. Old Union Room
March 3. 1998
City Council
7:00 p.m. Council Chamber
March 3. 1998
Meet the Candidates Forum
State Representative District 98
7:00 p.m. Marriott Solana
This event is sponsored by the
Greater Southlake Women's
Society and moderated by the
league of Women Voters.
Call Patsy DuPre 481-6610 for
1rlore information.
March 4. 1998
SPIN #121Dove Acres &
tlillwood Estates
7:00 p.m. Lodge
Youth Action Committee
7:00 p.m. White's Chapel Rm.
larch 5. 1998
Drug & Alcohol Committee
6:00 p.m. White's Chapel Rm
Planning and Zoning
7:00 p.m. Council Chamber
SPIN #12/Cross Timbers
730 p.m. The Lodge
Coming April 8, 1998
SPIN Candidate Forum for
Southlake City Council.
7:00 p.m. Johnson Elementary
Development Activity
Drug & Alcohol
Awareness Committee
The following information is from a
Update
working staff document. To confirm call
481-5581 ext. 744
The committee has established
P&Z - March 5. 1998
goals and objectives with three
Consider: Village Center East
sub -committees formed to meet
Circulation Study
these goals. The three sub-
97-175 tabled to 4/23
committees include surveying
98-006 Zoning/Site Plan,
the community and youth to
Creekside Office, "AG" to "O-
define the problem, researching
1" (9E)
existing successful programs,
98-014 Zoning/Site Plan,
and parental peer pressure
"AG" to "0-1" for Health
education for parents.
Partners Medical Group, at
Davis Blvd. (#16415)
Staff has developed a set of by -
Discussion: Impervious
laws to provide guidelines for
Coverage
the committee to address some
Discussion: Residential
of the immediate issues facing
Adjacency Standards
the committee.
City Council - March 17
97-157 Zoning/Concept Plan
for Hilltop Country Plaza (#7)
d
P&Z - March 19
Senior News
97-141 Concept Plan,
Kimball/ 1709 Addition (#7)
__ and Needs
97-142 Plat Revision,
Kimball/1709 Addition (#7)
NEWS: M. Danny Harrison's
98-015 Specific Use Permit for
commercial painting company
outside storage at Albertson
is donating labor to paint the
(#13415416)
facility. Dominic Carlucci is
98-016 Specific Use Permit for
overseeing the volunteers who
sale of alcoholic beverages 621
are installing the vinyl siding,
E. Southlake Blvd. (#9E-9W)
donated by Alcoa.
98-017 Site Plan, Georgetown
Park, Ph IV (#7)
Don Owens has volunteered to
98-018 Final Plat, Georgetown
help other Seniors with their
Park (#7)
income tax. Call Don at 430-
Consider: Impervious
1071 to arrange a time and
Coverage
place.
Consider: Residential
Adjacency Standards
NEEDS: Donations to the
Sound System Fund. Call Nona t
Whitehead 481-5581 ext. 834
for details.
If f
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting March 3, 1998
1. Agenda Item No 5A Resolution No 98-13, Renewal of an agreement with the Fort
Worth Star Telegram as the as the official newspaper for the City The city annually
contracts with a local paper to be the official legal publication. Since 1988 the Fort Worth
Star Telegram has provided this service to the City. Although the Dallas Morning News
also qualifies as a legal publication, their rates are considerably higher. The memo from
City Secretary Sandy LeGrand outlines the current rates and shows how they will change
with the new contract. As clearly demonstrated, it is cost effective for the city to enter
into such a contract as the rates are significantly less than the standard fees. Please contact
Sandy if you have questions regarding this item.
2. Agenda Item No 5B Authorization to advertise for bids for a replacement mowing tractor
for Public Works, Streets/Drainage Division. As described in the memo from Director of
Public Works Bob Whitehead, the proposed tractor will replace a tractor which receives a
great deal of use maintaining bar ditches. Although a contractor maintains much of the
right of way, there are areas of the city that the Public Works Department is responsible
for mowing. Additionally the department is often called to address areas which were
missed or require special attention. The 1997-98 budget allocated $16,000 for the
purchase of this replacement tractor.
Please contact Bob Whitehead if you have questions regarding this item.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 2
3. Agenda Item No. 5C. Change Order No. 1 to the 24-inch water transmission line contract
from Pump Station No. 2 to the East Dove Street connection providing for maintenance
valves and additional rehabilitation to street pavement. The documents included in your
packet describe the necessary changes for this project, resulting in the additional cost of
$14,820. As Bob Whitehead points out, this change order brings the total cost of the
project to $774,670. Note that the original budget for this project was estimated at
$850,000.
agreement for the Courtyard at Timarron. This is a standard developer agreement. In his
memo, City Engineer Ron Harper identifies two points of interest in this developer
agreement: infrastructure and park fees. The only infrastructure to be constructed for this
project is a sanitary sewer extension and water line extension. The water line extension is
primarily to provide fire protection.
The second item of interest is park fees. Since this property was final platted on June 20,
1995, it is not subject to the new Park Dedication Ordinance. The developer is therefore
not required to meet with the Park Board, and a park fee of $500 per acre, or $2,425 (for
4.85 acres) will be assessed.
Please contact Ron Harper if you have questions regarding this developer agreement.
5. Agenda Item No. 5E. Award of bid to Paveway Concrete Products, Inc. for fencing at
Bicentennial Park water tower. The memo from Kevin Hugman, Acting Director of Parks
and Recreation, summarizes the bids and the plans for the fencing. Note that the
telecommunications companies will bear the cost of the fencing.
r
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 3
District Board of Directors. The Tarrant County Appraisal District is planning to
construct a new facility for their headquarters. The letter from John Marshall, Executive
Director of the Appraisal District, discusses the rationale behind the TAD Board's
decision.
According to Section 6.051 of the Property Tax Code, three fourths of the taxing units
entitled to a vote on the appointment of board members must approve of the construction
or conveyance of a building by an appraisal district. Therefore, the Board is requesting
that Council approve their proposed action by resolution. It is staff's recommendation that
you approve the resolution. Please contact me if you have questions regarding this item.
at Lots 5 & 6, Block 6, Diamond Circle Estates. As noted in the memo from Bob
Whitehead, the city has no further use for this temporary construction easement. The
property owner has requested that we release the easement and, given that no expiration
date was specified for the easement, your formal action will be required.
8. Agenda Item No. 5H. Endorse bylaw amendments for the North Central Texas Council of
Governments as recommended by the Executive Board. This item will ratify the vote I
submitted on behalf of the City of Southlake in order to meet NCTCOG's deadline.
The Executive Board of the NCTCOG has recommended two amendments to the current
bylaws. The first concerns an increase in the size of the Executive Board from 11 to 13
members in order to give more opportunities for service on the Board. This amendment
also assures representation from member governments of various population categories.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 4
The second proposal is offered to allow an additional means of amending the bylaws.
Presently, a majority of the membership must approve a bylaws amendment and said
amendment may not be addressed at the General Assembly meeting which is normally held
in June. The Board is recommending that the bylaws be eligible for amendment at the
General Assembly by an affirmative vote of 75 % of the membership present, provided said
amendment has been submitted to the Executive Board 60 days prior to the date of the
General Assembly.
Your packet contains the full text of the amendments, as well as a position paper that
explains the Executive Board's reasoning behind the recommended amendments. If you
have any questions about the proposed amendments, please feel free to call me or Assistant
City Manager Shana Yelverton (ext.705).
9. Agenda Item No 5I Resolution 98-18. Amending and reducing the extraterritorial
Jurisdiction of the City of Southlake and consenting to the expansion of the extraterritorial
Jurisdiction of the City of Grapevine and Agenda Item No 5J Resolution 98-19, Initiating
annexation proceedings of the railroad cro ings at Brumlow Avenue and Kimball
Avenue. Please refer to the map which is provided in your packet under item 5I. As you
may know, there is a portion of the railroad right-of-way along S.H. 26 which has never
been annexed by the City of Southlake or the City of Grapevine. Neither has previously
attempted to annex this property, perhaps primarily due to the cost of maintaining the
crossings and other considerations.
In reality, the City of Southlake has expended funds to perform minor maintenance on the
crossing at Brumlow Avenue, and a developer in Southlake funded the crossing at Kimball
Avenue. Given these two crossings are entrances to our City, we cannot avoid financial
obligations related to the crossings.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 5
A recent development has caused us to focus on this issue. We have been made aware that
a billboard manufacturer approached TxDOT, seeking permits to erect billboards in the
right-of-way along S.H. 26. TxDOT originally told the manufacturer that a permit would
be required from the cities in which the right-of-way was situated. Upon recognizing that
portions of the right-of-way were not located in any city, but in the county, TxDOT was
forced to tell the manufacturer that there are no applicable municipal regulations for these
portions.
Railroad companies have traditionally allowed the placement of billboards in their right-of-
way because they generate revenue. In this particular situation, the Cottonbelt Rail right-
of-way belongs to DART (although trackage rights belong to Union Pacific). We are not
yet sure of DART's position on this issue, however, we want to move forward with
annexation as quickly as possible.
I have discussed the problem with the Grapevine City Manager at length, and Grapevine is
willing to annex the property and plans to move forward at their March 3 meeting. Item 5I
will release any interest we have in the ETJ to Grapevine, providing them with a "clean"
annexation in the area of overlapping ETJs. It is inappropriate, in my opinion, to ask
Grapevine to assume responsibility for the crossings leading into our city, primarily
because of the maintenance requirements. As such, I am recommending to you that we
annex these crossings. Item 5J initiates the annexation procedure.
The resolutions (98-18 and 98-19) were faxed from the attorneys on this date. We have
not yet had time to prepare the exhibits to either resolution. These will include the legal
description as well as the appropriate maps. We will have these available for you Tuesday
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 6
night. The maps included in your packet behind item 5I are sufficient to indicate the area
in question.
Please let me know if you have any questions or concerns regarding these items.
NOTE concerning agenda items 7A through 7E below.
The North Central Texas Council of Governments has long encouraged city governments
in our 16-county COG region to standardize their codes. Standardization of the
enforcement of the Construction codes from jurisdiction to jurisdiction makes it easier for
developers, builders, and others to cross jurisdictional lines and understand the codes in
effect. The NCTCOG Codes Committee recommends the model codes used by Southlake,
and the vast majority of cities in our region (as well as the majority of cities in the United
States).
In addition to the model codes, NCTCOG recognizes that many jurisdictions need to pass
local amendments to the codes to strengthen various provisions for public safety reasons
particular to the area or locality. Local amendments most always are used to strengthen
the codes, since the model codes are considered to be the minimum requirements
recognized nationally as good practice for the safeguarding of life and property from the
hazards of the use or occupancy of buildings or premises.
For the most part, staff recommends adopting the model codes as published. The local
amendments are explained in your packet material.
The City operates under the provisions of the model codes, including the Uniform Building
Code, International Mechanical Code, International Plumbing Code, and the Uniform
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 7
Housing Code. Ordinances providing for adoption of the updated versions of these codes
are on the agenda as items 7A, 7B, 7C, and 7D.
Agenda items 7E and 7F are locally adopted codes. Although there is a Uniform Code for
the Abatement of Dangerous Buildings, it is not specifically recommended by the
NCTCOG because of the requirements of the state statutes regarding notification, property
rights, etc., particular to Texas.
FYI, the other model codes adopted by Southlake are the Uniform Fire Code and the
National Electrical Code. The 1991 UFC was last adopted as our fire code by City
Council in 1992. We have had local amendments to the UFC since than (e.g., sprinkler
requirements in commercial buildings), but the new 1997 edition of this code will be
brought forward later following completion of staff review. The city adopted the latest
(1996) edition of the National Electrical Code in early 1997.
Concerning the adoption of the 1997 International Plumbing Code (Agenda Item 7C), note
the letter attached hereto form City Attorney Wayne Olson. He points out an area of
contention with State Board of Plumbing Examiners. NCTCOG, as well as many of the
major cities (e.g., Austin, Arlington, Fort Worth), has accumulated written legal opinions
on the subject and determined that the IPC does meet the requirements set out in the
Plumbing License Law. As Wayne mentions in his letter, if state law is later determined
to prevent use of this code, we will go back to an earlier edition of the code.
Staff recommends City Council approve the codes with follow in order to keep Southlake
in step with the region.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27,1998
Page 8
LUERT Dim
Code, 1997 Edition with local amendments. As discussed in work session at the last City
Council meeting, the 1997 Uniform Building Code establishes minimum standards for
building construction. The sections pertaining to residential fire sprinkler systems have
been removed at the request of the Fire Services Division until they complete their
research regarding the residential sprinkler systems. After they have thoroughly
researched the questions that have been raised, the residential sprinkler provisions will be
brought back as an amendment to the code. Please see the attached memo from Director
of Public Safety Billy Campbell for more information.
Contact Bob Whitehead or Building Official Paul Ward (ext. 755) if you have questions
regarding this item.
11. Agenda Item No. 7B. Ordinance No. 694 2nd reading. Adopting the International
Mechanical Code. 1996 Edition with local amendments. This code is a combined effort of
the three nationally recognized code groups in the United States. The differences in the
new code were discussed at length in committee meetings at the North Central Texas
Council of Governments. NCTCOG's committee has recommended approval with the
amendments provided in this ordinance.
The proposed ordinance adopts the 1996 Mechanical Code with the 1997 Supplement
which are amendments voted into the code by the International Codes Council. Ordinance
694 includes our local amendment, which in turn adopts NCTCOG's recommended
regional amendments.
Contact Bob Whitehead or Paul Ward if you have questions regarding this item.
im
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 9
12. Agenda Item No. 7C. Ordinance No. 695 2nd reading Adopting the International
Plumbing Code, 1997 Edition with local amendments One major advantage of this new
code is that it recognizes different design approaches to plumbing systems and therefore
tends to be more flexible. By permitting the use of venting systems, there is a potential
cost savings of several hundred dollars in a typical residential installation.
Contact Bob Whitehead or Paul Ward if you have questions regarding this item.
Code, 1997 Edition with local amendments. The Uniform Housing Code provides
minimum standards for regulating and controlling the use and maintenance of all residential
buildings and structures within the City. Local amendments to the code substitute our own
procedures for abatement of substandard structures by the Building Official, and by the
Building Board of Appeals. The BBOA met on January 12 to consider the new code and
has recommended approval for adoption with local amendments.
Contact Bob Whitehead or Paul Ward if you have questions regarding this item.
14. Agenda Item No. 7E, Ordinance No. 697. 2nd reading. Establishing regulations
avvlicable to Substandard and Dangerous_ Buildinizs. revealing Ordinance No. 615. As
discussed at the last City Council meeting, the adoption of this ordinance will repeal the
existing ordinance and establish new regulations. The memo from Paul Ward, attached to
Bob's memo, highlights the key points. As he notes, many of the changes were made to
ensure that the city is complying with state statute requirements (Chapter 214 of the Local
Government Code). For more information, contact Bob Whitehead or Paul Ward.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 10
providing changes to the building Board of Appeals. As discussed at the last City Council
meeting, the International Conference of Building Officials publishes the Uniform Housing
Code to provide minimum standards for regulating and controlling the use and maintenance
of all residential buildings and structures within the City. Local amendments to the code
substitute our own procedures for abatement of substandard structures by the Building
Official, and by the Building Board of Appeals. The BBOA met on January 12 to consider
the new code and has recommended approval for adoption with local amendments.
Contact Director Bob Whitehead or Paul Ward if you have questions regarding this item.
16. Agenda Item No. 7G. Concept Plan for the Roomstore. The main issue with this request
has been the driveway stacking depth along the west property line. Although the applicant
missed the first P&Z meeting, during the discussion at the second two meetings they were
unwilling to modify their plan to accommodate the throat depth requirement. The Planning
and Zoning Commission recommended denial 6-0. The applicant has since found a way to
modify their driveways and this is reflected on the plan before you. Note that since this
item involves a concept plan issue, not a zoning issue, a simple majority (rather than
supermajority) is all that is required for City Council approval.
There are no other unresolved issues regarding this request. Feel free to contact Senior
Planner Dennis Killough (ext. 78 7) should you have any questions regarding this request.
17. Agenda Item No 7H Site Plan for the Village at Timarron, Phase II There are no
unresolved issues with this request although there may be some confusion regarding the
bufferyards for the project. During the review of the Phase I Site Plan, it is staff's
recollection that the Council waived the required bufferyard between Lot 3 (Phase I) and
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 11
Lot 4 (Phase 2), however the motion was somewhat unclear so there is a comment on the
review letter to clarify the waiver. Additionally, the Council deferred the bufferyard on the
south line of Phase I until the construction of Phase III. There is a comment regarding the
south bufferyard mainly because the property line has changed between Phases I and III
and we wanted to confirm the Council's direction regarding this deference.
Regarding the wall/fence issue on the east property line discussed by John Drews at the
last meeting, you might notice that they have added approximately two feet onto the wall
since the meeting. The developers felt they needed to do that for safety reasons. It is their
intention to treat the east side of the wall with a consistent treatment and put a "cap" on
the wall after it is decided what we want them to do. Their landscape plan shows the
intent for landscaping along this east property line (west of the wall). The Planning and
Zoning Commission recommended approval 6-0-1 subject to the site plan review summary.
Feel free to contact Dennis Killough should you have any questions regarding this request.
18. Agenda Item No. 8A. ZA 98-005. Plat Revision for the proposed Lots 211 and 3R. Block
60, Timarron Addition Phase V. There are no unresolved issues with this request. The
Planning and Zoning Commission recommended approval 6-0-1 subject to the site plan
review summary. Feel free to contact Dennis Killough should you have any questions
regarding this request.
/ . 1' 1.I ff 1 ii 1110
approximately 4.005 acres. from AG to SF1A. There are no unresolved issues regarding
this request. The applicant is proposing two lots as reflected on your next agenda item via
a plat showing. There is greater than 20% opposition (20.49% by our calculations) so a
super -majority vote will be required for approval by Council. The Planning and Zoning
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 12
Commission recommended approval 6-0. Feel free to contact Dennis Killough should you
have any questions regarding this request.
20. Agenda Item No. 8C. ZA 98-008. Plat Showing for Lots I I and 12, T. M. Hood No 706
Addition. There are no unresolved issues regarding this request, however, the applicant is
requesting a variance to the required lot width and perpendicular lot lines in order to
accommodate the unique lot pattern. The Planning and Zoning Commission recommended
approval 6-0 deleting the lot width requirement. (The perpendicular lot line comment was
not on the P&Z review.) Feel free to contact Dennis Killough should you have any
questions regarding this request.
21. Agenda Item No 8D Ordinance No 698. 1st reading, Calling a Special Election for May
2, 1998, for the purpose of amending the Home Rule Charter The Charter Review
Committee has completed the task you assigned them in January. Through their hard
work, they have reviewed the charter and recommended changes to it, in only three
meetings, allowing us to move forward with presenting the amendments to voters on May
2. As noted in their memo to the City Council, attached to the memo from Community
Services Manager Kevin Hugman, there are a number of changes which we have long
wanted to incorporate into the Home Rule Charter. The committee reviewed the changes
that were recommended by the Council committee late last year. Some of these
recommendations, such as compensation for City Council members and the elimination of
term limits, the committee did not recommend taking to the voters. There was much
discussion regarding these and the other items, but the committee felt that the less
controversial the proposed amendments were, the better the chance they would be
approved by the voters.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 13
If these proposed amendments are passed by the voters, among other things, the Mayor
will no longer have to read the ordinance captions, Council can cancel or move a regular
meeting, and voting can be done by electronic device. Please see the memo from the
Committee for the list of recommended changes. I appreciate the work done by the
Committee, and their dedication to the City of Southlake. We will begin a public
education campaign after the second reading of the ordinance (mid -March). With the
broad representation of other city boards on this committee, we also have a great
opportunity to further get the message across to voters.
If you have any questions regarding the charter review, please feel free to contact
Councilmembers Evans or Martin, or Kevin Hugman.
22. Agenda Item No 8E Ordinance No 699 1st reading Approving a cross connection
control policx,. We try not to bring new ordinances to you for consideration until we have
had an opportunity to discuss them with you prior to your consideration. We have had this
item on several meeting agendas but were not able to get to them. Given the nature of our
obligation as it relates to the TNRCC requirements and our water contract with the City of
Fort Worth, we need to bring this forward.
In order prevent contamination of a potable water supply by non potable water, the Texas
Natural Resource Conservation Commission requires backflow protection. The City of
Fort Worth has adopted a cross -connection policy and the City of Southlake must adopt
similar water distribution policies according to the water purchasing contract.
This ordinance if adopted will require the Water Utilities Division to inspect facilities that
pose a potential health hazard. The greatest concern is cross connection in an industrial or
commercial building, hospitals or medical facilities, and schools. Any water connection
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 14
customer that is required to have a backflow device or assembly will be required to have a
yearly test of these assemblies.
It is important to note that a backflow device is not always required, and there are several
options available to those impacted by the ordinance. However, if such devices are
necessary it will impose additional costs and inconvenience on some water customers, but
will increase the level of safety in our public water system. It is important to remember
that if the City's monthly tests of its water system show a high bacteriological count the
city must advertise this in the newspaper to alert water customers.
Contact Bob Whitehead if you have questions regarding this item.
Court and Alternate Judge of Municipal Court. as described in Section 1 of Ordinance No.
522_A. As noted in your packet, you are required to set the salary of the judge 60 days
prior to the filing deadline. As such, you must set it at this meeting. The resolution in
your packet provides you a mechanism for doing so.
Note that the Municipal Judge's salary is simply a monthly rate. The salary of the
alternate judge, however, is more complicated in that the alternate judge is paid for each
arraignment and for court sessions. Given the court's case load as the City has grown, we
have recognized that the manner in which we pay the alternate judge may have potential
budgetary impacts greater than anticipated, should the Municipal Judge be unavailable for
any extended period of time (vacation, illness, etc.). Court Administrator Sean Leonard is
reviewing the practices of other cities. It may be that the best solution is simply to place a
cap on the payment the Alternate Judge could receive during any one month. Sean will
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 15
have the information from other cities and a recommendation available to you on Tuesday
evening.
homesteads for persons sixty-five (65) years of age and older, and for exemptions of
residential homesteads of disabled persons, from city ad valorem taxes. At the February
17 Council meeting, the City Council asked that staff explore granting higher exemptions
for the over-65 exemption. The current homestead exemptions of $50,000 for those over-
65 were established in 1986. (We have not been able to find when the disability exemption
was established.) In her memo, Finance Director Lou Ann Heath discusses the change in
number of exemptions, appraised values and uncaptured revenues from this policy over the
past several years.
Lou Ann found that granting an additional $10,000 (from $50,000 to $60,000) over-65 and
disability exemption will result in an average savings to the 269 individual accounts of
$42.20 annually. A $25,000 additional exemption will result in a savings of $105.50
annually. In Tarrant County this year, the maximum amount currently granted is $60,000
by Lake Worth ISD. Note from Lou Ann's analysis (p. 913-3) and memo that the total
appraised market value loss (uncaptured value) for the over-65 exemption has increased
from $8.1 million in FY 91-92 to $11.6 million in FY 97-98. The total appraised value
loss for the disability exemption is $866,900 in FY 97-98, and was $557,117 in FY 91-92.
The resolution included in your packet has the amounts of exemption left blank for
Council's recommendation. The amounts must be determined and filed with the Appraisal
District by March 30 for implementation in FY 1998-99. If you need additional
information, this item can be tabled until March 17. If you agree on an increase amount in
work session, this item can be moved to the Consent Agenda.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 16
Contact Finance Director Lou Ann Heath or myself if you have questions regarding this
item.
Agenda25. Item No. 1 •rize the Mayor to enter into _ develol2er agreement fo
Timarron Wyndsor• Phase II located• • of •n •
Old Carroll Avenue and East Continental Boulevard This developer agreement
incorporates the language necessary to solidify the compromise of the Dominion drainage
issue between the City and Timarron, per the direction received previously from Council.
The memo from City Engineer Ron Harper describes the special provisions of this
developer agreement. Note Timarron's concerns related to liability and the language
incorporated into the agreement to address them. Our attorneys have worked with
Timarron's attorneys to develop language satisfactory to both parties. FYI, the structure
referred to in Ron's memo is the building we discussed with you previously, the building
Mr. Brennan constructed in the easement without a permit.
We met with the Dominion Homeowners Association last Wednesday, February 25, and
went over the proposal to correct the drainage problem in Dominion next to Timarron
Wyndsor Grove. There were seven residents of Dominion present in the meeting,
including Rick Parker, the out -going president of the Homeowners Association, and
Carolyn Morris, the new Homeowners Association president. Everyone was very
appreciative of the efforts made by Timarron and particularly the City Council.
Representatives of the homeowners association will be at the work session Tuesday night
to express this appreciation on the record. Should City Council agree with the
amendments set out in the developers agreement, this item could be moved to Consent
Agenda.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 17
26. Agenda Item No. 11A. Impervious Coverage, proposed Ordinance No. 480-BB. No
changes have been made to this proposed ordinance since the last meeting. Note in Zoning
Administrator Karen Gandy's memo that the following observations were made after
evaluating the comparison charts of recently approved commercial developments.
The Southlake Church of Christ, the Huckabee Dental Clinic and the Southlake Center at
Kimball closely matched the recommended 65 % maximum impervious coverage with 64 %,
65%, and 68% impervious coverages, respectively.
The Crestwood Office Complex (Phase I) reflected 54 % impervious coverage, and the
Shady Oaks Center presented 75 % impervious coverage; as above, the maximum
impervious coverage requirement in the proposed ordinance agreement for both of these
sites is 65%.
As you will recall, this summary looked at lot area, building area, floor area, parking,
interior landscape and perimeter bufferyard areas, open space and impervious coverage for
a representative "mix" of zoning districts. Contact Zoning Administrator Karen Gandy
(ext. 743) if you have questions regarding these proposed changes.
27. Agenda Item No 11B Residential Adjacency Standards proposed Ordinance No 480-
CC. Following discussions at the last meeting, Zoning Administrator Karen Gandy
requested an opportunity to meet with the work group again to resolve the issues raised by
City Council at the meeting. The draft in your packet reflects the changes suggested by
Councilmembers Muller and Fawks as a result of the additional work group meeting. Note
that staff received comments from our attorneys, today, which are primarily structural
rather than substantive, and they have incorporated these comments into the draft provided
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 18
in your packet. Time constraints did not give us time to prepare a redline/strikeout
version, however, we will prepare one for dissemination to the work group prior to
Tuesday evening's meeting.
The memo from Karen Gandy addresses in detail the major changes made since the last
draft. Briefly, they are as set out below:
The area of applicability, the control distance, has changed from "property line to
property line" to "developing structure to property line." Also note, the definitions now
apply to the entire ordinance.
• Changes were made to the following sections of the corridor overlay zone with regard
to the control distance: masonry requirements, mechanical equipment screening, and
facade articulation.
• Recycling receptacles were added to the trash receptacle regulations.
• The pitched roof requirement (as previously discussed) was added under a new
subparagraph entitled, "roof design standards."
• The new residential adjacency standards have been pared down and refer to sections in
the corridor overlay zone. These provisions will be inserted into each of the non -
single family residential districts.
• The rooftop mechanical screening was further defined to hopefully eliminate "enclosing
a box within a box."
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 19
• The variance provisions in the bufferyard and corridor overlay zone are being deleted.
This would preclude P&Z and City Council from granting any variances to the zoning
ordinance. Such variances would be considered by the Board of Adjustment as
provided for in Section 44 of the Zoning Ordinance and in Chapter 211 of the Local
Government Code.
As Karen points out in her memo, pitched roofs need to be defined (with thought being
given to the acceptability of standing seam roofs). Also outstanding are the issues
addressed previously by City Attorney Wayne Olson in his confidential memorandum
given to the Council at the last meeting. Feel free to contact Karen if you have questions
regarding these proposed changes.
28. Agenda Item No. 11C. Corridor Study - Urban Design Enhancements to SH114. This
item was added to the agenda late yesterday as a result of a meeting with TxDOT staff on
Thursday afternoon, February 26. We have been communicating with TxDOT regarding
our desire to incorporate urban design enhancements in the SH 114 project, but until
yesterday had not held a detailed meeting regarding various issues. During the meeting,
we worked through multiple questions regarding how best to implement various aspects of
the corridor study recommendations.
A result of the meeting was an awareness that TxDOT is moving quickly with plan
preparation, and that time is of the essence regarding our input into their decision making.
We have placed this on the agenda with hopes of briefly discussing some of the design
considerations. There is not a memo in the packet regarding this item because of the lack
of time for preparation. It is our hope to have some discussion points prepared for your
meeting on Tuesday. One point we need to discuss is the financial aspect. TxDOT is
receptive to the urban design enhancements, as long as we are willing to pay for their cost.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 20
Contact Director of Community Development Greg Last (ext. 750) or Comprehensive
Planner Chris Carpenter (ext. 866) should you have any questions regarding this item.
Other Items of Interest
29. Midyear Review. Just a reminder, the mid -year review has been scheduled for Tuesday
March 24 from 7 p.m. to 10 p.m. in Council Chambers. As usual, many items will be
presented as text only. These will provide staff an opportunity to update the Council on
several issues, without taking a significant amount of time. These items will not be
discussed in detail unless requested. Staff is anticipating three discussion items which will
be fairly broad and encompassing. First will be a financial review, including a discussion
of this year's audit. Second will be a public works project status update emphasizing the
stormwater drainage utility district and master plan, the CIP schedule, and public works
modifications. The final item will feature economic development plans. Staff anticipates
that these three items can be sufficiently covered in the three hours.
30. Texas Sister Cities Report. Attached hereto is an invitation to an organizational meeting of
Texas Sister Cities. Over 100 invitations were sent to mayors and sister city contacts
throughout the state. The Texas Consulates representing the countries which have Texas
Sister Cities and many state officials were also invited. Mary Palko, Chair of Texas Sister
Cities, has indicated that many individuals, including Deputy Secretary of State Clark Kent
Irwin, are planning to attend.
A preliminary logo has been created by Public Information Officer Tracy Southers, and
organizers seem pleased with the design. This, and many other administrative decisions,
will be discussed at the meeting. I would encourage Councilmembers to attend if you are
available on March 1lth.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 21
31. Request for waste hauling service by Bluebonnet Waste, Inc. FYI. Staff has recently
received an inquiry from Bluebonnet Waste, Inc. to haul commercial and construction
waste. In order to do so, they must enter into a contract with the city. In this agreement,
operating procedures, vehicle regulations, and franchise fees are detailed. Bluebonnet
Waste, Inc. has sent us a preliminary draft of a contract which is currently being reviewed
by staff and the city attorney. The contract is fairly substantial, similar to the city's
agreement with Trinity Waste Systems (Laidlaw). It is likely that we will have additional
interest by similar companies in the future. The process of regulating such haulers is one
issue that will be addressed in the proposed commercial/construction waste ordinance.
32. Litter Collection. Staff has been looking into programs to address the increasing amount
of trash and debris along the major roadways. Although KSB's Adopt -A -Street program
provides for pick up along the side roads, the Texas Department of Transportation
coordinates the Adopt -A -Highway program. Much of the roadway in Southlake is not
adopted or not regularly picked up.
There are two programs that staff has identified as possible options. Goodwill Industries
in Fort Worth organizes collection events with individuals in their adult rehabilitation
program. The Law Enforcement Center in Mansfield coordinates projects for their
inmates. Specific details for these programs are being obtained. A text item describing
this issue in more detail should be available for the mid -year review.
33. Director's Retreat Report. I'm pleased to report that the Director's Retreat, held on
February 19 and 20, was a huge success. It was a productive two days, with discussions
focusing on the following:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 22
• Action Plan Development - The group discussed strategic land acquisition (parks,
public works, public safety), strategic plan/long-term financial plan status and
implementation, Town Hall development, economic development programs and
initiatives, and our work plan priorities (both internal and external).
• Mid Year Budget Review and June Retreat - Draft agendas were developed for these
two important meetings. You'll see more about these meetings in a few weeks.
• Process Improvement Discussions - The group discussed means of improving our
internal processes so that we are more efficient and productive.
As you know, the second day of the retreat included our mid -management staff. The
following was discussed:
• Customer Service - Tom Hart, City Manager of Euless, presented information to the
group regarding his "Raving Fans in Euless" program. The group then spent time
discussing ideas for providing improved customer service in Southlake. Again, you
will be provided more information on our ideas at a subsequent meeting.
• State of the City /Roundtable Discussions - This was an opportunity for the senior
management staff to lead discussions about current projects with small groups of
employees from a variety of departments.
We sincerely appreciate the time you allow us to hold these retreats. They are productive,
and motivational to the staff in attendance.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 23
34. Crime Control District Board of Directors Meeting Update. Board President Andrew
Wambsganss has decided to cancel the March meeting of the Board of Directors. As you
may know, we will not have site assessment information from PSA until mid -March, so
the Board will hear a presentation from this consultant at its meeting on April 1. The
April agenda will also include a presentation from Director Campbell on crime statistics,
and will include a consideration item for the administrative contract with the City. If you
need further information on the Board's activities, please feel free to contact Shana
Yelverton (ext.705).
35. Park Board Retreat. You have heard Park Board members discuss their upcoming retreat,
which is scheduled for tomorrow, Saturday, February 28. The agenda includes a
discussion of 1997 accomplishments and goal -setting for 1998. The group also plans to
discuss new ordinances (tree preservation and sidewalk) and their impact on parks. The
retreat is an excellent time for the Board to plan for the future. As such, they will be
discussing practice field needs, implementation of the trail plan, the status of the nature
center and the possibilities for recycling in Southlake's parks. They also plan to discuss
the department's budget.
If you have any questions about the retreat, feel free to contact Kevin Hugman, acting
director of parks and recreation, at extension 710.
SPIN Update. There have been a few calls from citizens who are interested in attending
the "How The City Works" SPIN Orientation Retreat, tomorrow, Saturday, February 28,
so it is possible that there may be a small audience present for the 45 minute informal Joint
SPIN Standing/City Council lunch portion of the retreat. If you have any questions about
this meeting, please call Nona Whitehead at ext. 834.
i
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 24
Note there are two Neighborhood Sewer Program meetings scheduled for next week.
Hillwood Estates and Dove Acres will meet at the Lodge at 7:00 p.m. on Wednesday,
March 4, and Cross Timber Hills will meet Thursday, at 7:30 p.m. in the Lodge. You
may want to consider attending these neighborhood meetings.
SPIN has changed its regular meeting date to the second Thursday of the month. Once the
Senior Activity Center is open, Standing Committee meetings will be moved to that
location. The next scheduled Joint City Council/SPIN meeting will be May 14, 7:00 p.m.,
hopefully at the Senior Activity Center.
36. Senior Activity Center Update. The renovation of the senior center has made tremendous
progress over the past few months. The outside door units have been installed. The inside
doors and trim work have also been completed with Spence Trim, a local carpenter
donating labor and some materials. A commercial painting company, M. Danny Harrison,
is donating labor to paint the facility which will be completed this week. Volunteers have
been working hard to install the vinyl siding donated by Alcoa. Additionally, the electrical
work is completed and the center now has lights.
The center is scheduled to open in the Spring. Keep in mind we have increased the initial
scope of work to provide a better facility by replacing everything in the house including all
the walls, cabinets, insulation, doors, etc.
The community's response to volunteering their time and donating materials has been
better than expected. To date, only $25,244.64 has been spent on the renovation project.
Obtaining donated materials and labor has slowed progress somewhat, but we feel strongly
that this approach is preferable to contracting the work out for two reasons, money saved
and community emotional investment. The weather has also been a factor in delaying the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 25
completion date. The asphalt cannot be poured until the parking lot dries completely.
Staff plans to host a recognition celebration for the volunteers and an open house to
celebrate the opening of the facility.
Senior Community Services Coordinator, Shelli Siemer has earned her annual salary on
this project alone. She also has demonstrated that our volunteer program is workable.
37. Economic Development Activities. Following are some recent activities from the
Economic Development Staff. Feel free to contact Kate Barlow (ext. 776) or Director Last
(ext. 750) if you have any questions or would like additional information.
• Interaction with Southlake Chamber. We have offered to assist the Chamber in
hosting Southlake's first business expo scheduled for April 4 at the vacant Food Lion.
We plan to coordinate booth placement with the Chamber and consider sponsorship.
We have also provided a list of all Southlake businesses to the Chamber.
• Southlake Economic Report. We sent the winter `98 report to the printers on
Thursday, February 26 and anticipate mailing to over 1,400 recipients the week of
March 2-6.
0 Information charts included with February OED Monthly Fact Column. Attached
are 16 charts that were included with our Fact Column. In particular, The Dallas
Morning News and Hometown Star have expressed interest in this data.
• Guide to Starting a Business in Southlake. Director Last distributed this publication
to senior management at the Directors' Retreat. Based on their comments, staff
anticipates releasing this document to interested parties by mid -March.
38. Comps of Engineers Correspondence with Marylyn Miles. A copy of the correspondence
between Ms. Miles and the U.S. Corps of Engineers is included as an attachment for your
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 26
information. This is provided as a follow up to the presentation Ms. Miles made at the last
meeting, expressing her concern about our lease of the COE property.
39. City Council Briefings. It has been my experience that these briefings are most useful to
you during agenda weeks, when you review your packet and identify questions about
agenda items. Otherwise, the interest in the briefings has waned considerably. Also, we
are at the point where our schedule needs more staff meeting times as we begin to prepare
for the mid -year review, June City Council Retreat, and the budget work sessions.
As such, we plan to continue the briefings on the first and third Monday, but will not
regularly schedule briefings during the "off weeks," unless you so request. Of course, the
staff is always available to you if you have questions, and we encourage you to call us at
any time if we need to schedule individual meetings or if we otherwise can be of
assistance.
40. Partners In Mobility appearance before the Texas Department of Transportation
Commission. Partners in Mobility will make its annual presentation of the Dallas -Fort
Worth area needs to the Texas Transportation Commission on Monday, March 30, 1998 at
9:30 a.m. in Austin. The North Texas Commission, a lead participant in the Partners in
Mobility, is encouraging members to participate in this delegation. I am planning to
attend, and would like some of the Council to attend. It is important for our presence to be
"seen" by the Commission and TxDOT staff. If you are interested in attending this
presentation, please let me know.
41. Drug & Alcohol Awareness Committee Update. The committee has established goals and
objectives with three sub -committees formed to meet these goals. The three sub-
committees include surveying the community and youth to define the problem, researching
i
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 27
existing successful programs, and parental peer pressure -educating parents. Since
November 6, the committee has met seven times. Three out of the seven meetings have
been without a quorum.
Staff developed a set of bylaws to provide guidelines for the committee to address some of
the immediate issues including reducing the numbers needed for a quorum. There were
not enough members present at the February 19, 1998 meeting to conduct official business.
Therefore, Chairperson Jacky Brooks -Lawrence formed an ad -hoc committee to review the
bylaws which members will be asked to vote on by proxy.
42. Timing of future bond sales. Staff has been discussing the timing of future bond sales for
SPDC and City capital projects. For SPDC, if the City were to issue today, the additional
amount of bonds that could be sold is $1.84 million. If the SPDC waits to issue until the
end of the fiscal year, and meets its projections for sales tax for the year, the amount of
bonds could be $4.5 million. Jim Sabonis with First Southwest has suggested that we may
want to wait, but he will proceed with developing the preliminary official statement now.
He suggests we have SPDC go ahead and set the bond sale process in motion. If SPDC
wants to move forward now because of advantageous interest rates, it may go ahead and do
SO.
For the City's project bonds (certificates of obligation for water, sewer, streets, and
drainage improvements totaling approximately $13 million), the preliminary time schedule
is to have the notice of intent resolution on the April 7 Council agenda. The first reading
would be April 21, the second reading on May 19. The City would receive the funds
around June 23.
i
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
February 27, 1998
Page 28
Interest rates are very favorable right now, the lowest they've been since 1993. The yield
curve is very flat now, with 20 year debt tax -supported at around 5.2 % . (It had been as
low as 4.9%!). Because the rates are so low, we will possibly look at an 18-month capital
projects program, and roll some of the projects for next year into this issue.
45. FYI. Note the change in wording on the agenda concerning the Executive Session, Given
concerns that have been raised from time -to -time by members of the Council regarding the
items that are permissible as "closed meeting" subjects under the exemptions to the Open
Meetings Act, Chapter 551 of the Texas Government Code, we have changed the wording
on the agenda so that it becomes easier for the general public to understand what may be
discussed in executive session.
Note that we have added to the agenda reference to two sections not previously routinely
listed on the agenda, section 551.073 and section 551.075. The later is the one that
seemingly generates the most questions. This is the section that in the vernacular is
referred to as the "staff briefing" section. One thing to note regarding section 551.075:
Councilmembers may direct questions to the staff but may not deliberate on what is
presented by staff. In this instance, deliberate means that you may not engage in any
"...verbal exchange among members of the governing body". For your information, we
have included a copy from the 1995 Texas Open Meetings Act Handbook published by the
Office of the Attorney General behind this memo. Feel free to "seek the advise of your
attorney" regarding this matter at any time, and to call me if you have questions.
46. Customer Thank Yous. Attached to my memo you will find several thank you notes sent
to thank us for the exemplary service of our staff. I hope you enjoy reading them as much
as I do! Also, read the letter from Allen Smith, who recently resigned in order to move
from the area due to family considerations, complimenting the department.
TAYLOR, OLSON, ADKINS, SRALLA & ELAVI, L . L.P.
aTTO70�
YS AT LAW
�BK
ON STREET TELEPHONE (817) 332-2580
WER FAX(817) 332 37i0AS'610_-3821
WAYNE K. OLSON
February 26, 1998
Mr. Paul Ward
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
RE: International Plumbing Code
Dear Paul:
As you are aware, the city council has adopted the 1997 International Plumbing Code on first
reading. I told you at the council meeting that I would give you some written comments regarding
the issues surrounding the adoption of the International Plumbing Code. Section 5B of Article
6243-101, Tex. Rev. Civ. Stat. Ann. (the Plumbing License Law) provides that:
Sec. 5B. (a) To protect the health and safety of the citizens of this state, the Board
[of Plumbing Examiners] shall adopt the Southern Standard Plumbing Code, the
Qe Uniform Plumbing Code, and the National Standard Plumbing Code.
(b) In adopting plumbing standards for the proper design, installation, and
maintenance of a plumbing system, a municipality or an owner of a public water
system may adopt standards that do not substantially vary with rules or laws of this
state.
Section 367.1 of the Board's Rules and Regulations specifically adopts these three codes as
standards for plumbing installation. In Paragraph (f) of this section, the Board has adopted similar
language to the state statute:
A city, town or village must adopt a plumbing code that does not substantially vary
with the approved state codes, conflict with other state laws or reduce overall
standards of a minimum code. Political subdivisions may require higher minimum
standards as needed in order to protect the health and safety of their citizens.
On November 18, 1997, the State Board of Plumbing Examiners requested an opinion from
the Attorney General's office as to whether the state statute and the Board's rules allow a
municipality to adopt a national code other than the Southern Standard Plumbing Code, the Uniform
Plumbing Code and the National Standard Plumbing Code. It is the Board's position that Section
5B of the Plumbing License Law requires that cities adopt one of those three codes, with appropriate
amendments provided that they do not substantially vary from the standard approved state codes.
The Board also specially asked whether the 1997 International Plumbing Code, which was issued
under the name and cover of the Southern Standard Plumbing Code, could be adopted by the Board
or a municipality. The Board's position is that the International Plumbing Code is not the same cide
H:\LIBRARY\Soutlilake'LETTERS\wardOOl.wpd .
I R
Mr. Paul Ward
February 26, 1998
Page 2
that was approved by the Legislature. When the Attorney General opinion comes out, I will bring
it to your attention.
It is my interpretation of the state statute that the city is authorized to adopt the International
Plumbing Code as long as it "does not substantially vary from the Standard Southern Plumbing
Code, the Uniform Plumbing Code, or the National Standard Plumbing Code." You are in a better
position than I am to make this determination. I personally feel that the Board's position on this
matter is somewhat obtuse or politically motivated, but I did want to make you aware that there is
an issue over the legality of the International Plumbing Code. You indicated that the North Central
Texas Council of Governments recommended adoption of this code. I would assume that they have
similarly made a determination that it does not substantially vary from the three approved state
codes.
In conclusion, it is my opinion that at the current time, the city may adopt the International
Plumbing Code. If the state law is later determined to prevent the use of this code, we will have to
relook this issue.
If you have any questions regarding this matter, please let me know.
WKO/kb
cc: Curtis Hawk
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Bob Whitehead
City of Southlake
1725 E. Southlake Blvd.
Southlake, Texas 76092
H:\LIBRARY\Southlake`LETTERS\wazd001.wpd
Very truly yours,
Wayne K. Olson
A
You are Cordially Invited to Attend
Texas Sister Cities' "Fort Worth" Meeting
Wednesday, March I Ith, 1998
12:00 FM - 4:00 PM
at the
Fort Worth International Center
711 Houston Street
Fort Worth, TX
Meeting Cost: $15 (Includes Lunch)
Please RSVP by Monday March 9th
817-481-5581 Ext. 114
817-329-1747 (FAX)
76603.147@compuserve.com (E-Mail)
Parking available @ Houston St. Mall Garage at 6th and Houston for
$2.00
with Validation
A
NEWS CLIPPL`G I Source: The Dallas Nforning News I DATE: February 27, 1998
Po-pulation, ob 'rowt :1
boomingIn DoFW area.-*-.".
By Chris Kelley Almost
3WMOW the council of governments the io-
MuAflo„Wnterof �D"Mo�Al
MM most ,gional planning ;organh tf6n.
"We've been ganging these tsends
Lured by good jobs, affordable -,-<--
housing and a world -class airport, newcomers reported �� and we've never s
people are moving to the Dallas- numbers like this before. It's record
growth."
Fort Worth area in record numbers 0 Where the jobs are. 10A
— nearly 300,000 newcomers since The population and employment
1995, regional planning officials mographers at the North Central growth of the last three years near:
said Thursday. Texas Council of Governments said ly matches the number of new re#:
Since Jan. 1, 1995, the area has in a report released Thursday. dents and jobs netted by the
also netted nearly 250,000 new jobs "It doesn't get any better than between 1990 and 1995, ofifcial ny.
— unprecedented employment this," said Dr. Lyssa Jenkens, man- "It's like we've added-tw6= #'
growth in such a short period, de- ager of research and information at Please see LURED on Page 10/
IOT SPOTS FOR pO�tlLATION CR011
rllofifl Illlprlli[WrrOu nx�.ran� 4.v..w.�.v..r �, •a�--�ro
high-wtlt
+, :' , DE RM CO. Ca NV CO.
1 Staie Highway 121 corridor
New. re.p-RIents;since 19M 103,Oi0 ; 121
1995 population 474,124
2. State Highway 190 corridor _ - - 190
New residents skm 1990 45,000 e ;
1995 population 3W.9M9
3. F64 Comers South Fort Dallas
portions of Arlington, Cedar HiH otih
Gravid Prams; M- Gz aid anti 67
New 1990 v` 19,$20 Co.
1995'poPti>tio t 113,4gf Co Ectxsco 3�
4. Alliances Akport area
not X
New residents satce 1990 i 4,892 dO
a eardowntawn.oe.las
1995 population 84.973 has occured after Jan i t995 }
SOURCE: North Central Texas Council of Cwm me lft sn
y
L lured by jobs, affordable housin�r_
new residents flocking to DoFw
Continued from Page IA.
city Hof Arlington to the region's
p klation since 1990," said Council
of.,Q * ,eraments demographer Bri-
antLister. Arlington has a popula-
"',of about 300,000.
Idnlike many other U.S. metro-
poUtan areas, Dallas -Fort Worth has
seen population and job growth rel-
atively balanced — strong in the
twb central cities and vibrant in
suburban areas.
=;Case in point: The No.1 hot spot
iox population growth is a census
tract in the city of Dallas — albeit
injollin County.
"Our growth pattern are demon-
strabfy different than most other
major cities," said Tarrant County
Judge Tom Vandergriff, who sits on
the,council of governments execu-
tive'board, which was briefed on
aria growth trends Thursday.
�1" JUst a few years ago the trend of
growth was all outward," he said.
`Vs 'great to see more balanced
growth now, and I think that pat-
tern will stand us in good stead
o_ vei the long run."
_1Whiile growth is keeping most
area,�cities flush with tax revenues
retail building occupancy in the
-is the highest in nearly 15
yew for example —prosperity
comes with a price. -
Northern suburbs, such as Pla-
no, struggle to balance school en-
rollments, and traffic on the Dallas
North Tollway is at record levels.
Being at ground zero of the ar-
ea's.growth hot spots can be unset-
tling. Furious growth in west Plano
has forced some parents to enroll
their third-, fourth- and fifth -grade
children in as many as five schools
as the Plano school board struggles
to balance swelling rolls.
The problem is so acute that stu-
dents and parents have established
a Web site to monitor changing.
school boundaries.
"Growth is the cause of a lot of
"We've been gauging
these trends since 1980
and we've never seen
numbers like this before.
It's record growth."
— Dr. Lyssa Jenkens, manager of
research and information at the
Texas Council of Governments
change; said Marty Dama, mother
of two Plano elementary school stu-
dents. "Many of us who live in the
same neighborhood want our kids
to keep strong friendships and
maintain them through their ele-
mentary, middle and high school
years. We monitor the feeder pat-
terns very closely."
While city- and county -specific
population and job growth figures
for the last three years won't be
released until April, what is known
is that current growth trends estab-
lished by 1995 are continuing, say
council of government demogra-
phers.
Those trends show:
■ Most population growth is oc-
curring along the State Highway
In corridor from the mid cities and
Dallas/Fort Worth International
Airport northeastward to southern
Denton and Collin counties — more
than 103,000 new residents between
1990 and 1995.
Nearly 90 percent of all jobs add-.
ed in the area between 1990 "a. i
1995 are located within a 20-7ile
radius of D/FW Airport.`
■ Northeast (arrant Conn-` 41
ty/southwestern Denton County'-
the Alliance Airport area . is
emerging as the region's newest hot
population and job area. one census
tract near Alliance doubled its 1990
employment by adding 2,400 jobs: -
About 14,900 new residents moved
s:
to the area between 1990 and 1993.�'
■ Denton County is joining Did-'-'
las, Tarrant and Collin counties as a "
truly urban county by developing
an export economy — one that sells'
goods and services to other areas,
not just local folks.
The growth trends imply a num
;ber of challenges, say officials,
among them: the need to traits a
skilled workforce because many -pf
the area's new jobs are technology_
based.
"When you begin to see � job
growth approaching population
growth, you know why we have la-
bor shortages in some key indus-
tries and the unemployment rate 3s
less than 4 percent," Dr. Jenkens
said.
■ Downtown Dallas and the
Stemmon Freeway corridor are at-
tracting the region's largest share
of new jobs — 23 percent, or about
45,000 of the total 193,500 jobs netted
by the region between 1990 and
1995.
■ D/FW Airport is rapidly be-
coming the region's commercial
core, with 2 million jobs or 87 per-
cent of all area jobs located within
20 miles of the airport by 1995.
And already congested
will only become more
say officials.
The region's Mobility 2020_ p
calls for spending S32.5 billion"
tween now and then — not to main
twin or improve traffic conditions'
but merely to slow down the rate`
that congestion will worsen, said
Michael Morris, director of trans- -
portation for the council of govern
ments: ='
1 4wti
And the Mobility 2020 plan faces;
a $6.7 billion shortfall, he said.
"I hear people all the timeSt'
about traffic and how bad it is, said,
Lewisville Mayor Bobbie MitchOM'
"Keeping up with traffic patterns i
our biggest challenge."
try
DALLAS-F WORTH REQ1 Au , a• IECADE
ti :e
The Dallas -Fort ns`tbed about 321,000:ntttw residents - 4 .new joDabetMreen.4
and 1995, ao ;o " P`Noeth Central Texas CouncB of Gove 6r iq s'.The map bela:r shows:
areas for jobs dufhig the period April 1,1990, to Jan. 1, 1995. These growth patterns continue today,
demographers say. Then* depicts the designated metropolitan planting area used by the Counal of
Governments — all of Dallas, Tarrant, Collin, Denton and Rockwall counties and portions of Parker,
Ellis and Kaufman counties.
D-FW GROWTH FACTS AREAS OF BIGGEST JOB OROMITH '•^'
Between 1990 and 1996 in Y~
the Dallas -Fort Worth area:35E
■ Five cities captured 53 t21 o
percent of all new jobs, about ©
100,000 of 193,500 jobs: DE1001VCO. COIWNCO.
Dallas, Irving, Plano, Arlington - - - - - - - - - - - - - - - - - - - - - - - - - — DALLASW -
and Fort Worth. TARR4NTCO.
■ Dallas alone captured 23 es5
�u
percent of new jobs, about ,
45,000.
■ Census tract 317.98, in the 0 �;
city of Dallas in Collin County, ago
added the most new residents d zo
— about 10,000 newcomers ® 30
who moved into 3,000 new Sao
apartments near President ,
George Bush Toliway, under 20
construction. ,
■ Census tract 316.18, which 45
contains Plano's Legacy LIN
business park, added the Projected
most new jobs — about 6,300. [New jobs . , Percent Market market'
ironi " Increase, rati ran71
'
■ Only 1 percent of the 3.17 k..-,
million acres composing the ' 4 1990-95 199Q 2020 "i
D-FW planning area was f. Downtown Dallas! Y F
under construction. Ad;out 70 StOgnmons Corridor 44,768- 6%
percent ofp a acreage was Irvin s' Colinas 17 ...
vacant; 4 percent devoted to Irving/Los 797 _ 17% 9 _ 7 ?
lakes and other water
resources; of the remaining 26 3. t11ianoMgaey 16,621 31 % not among 13
percent of Land, 58 percent top 35, i
was used for residential
housing, 20 percent for '. ArlhWon,140 11,406= . 13% 1-30 comdot:=' 33
commercial purposes and 21 _ _ - - - 29Q1�
percent for infrastructure and _20 a - 1_20 32
dedicated uses such as parks
and open space.
tPAZ
Read more about It: North _ __
Central Texas Council of S Downtown Fort Worth 8,273 3% 4w 5 sr,
Governments, Research and NOTE; Fiqu►es do not rer�ect job growth after.►an: t t98:3 Ttkrs. Telecom corrrdor In t)eJlas `
Information Department, Rk hmdeon is na shown as a raar=.9row ft rrw areaeawe berayae a s hats *• ,
www.diwinfO.com Of early t990sorbet job gains In the Tekrn Cccorridor during the sarrN period SpscMic
www.nctcog.dst.tx.us. and job growth tithe DaNas-Fortwortharea sk";Jamtoigcs,wn.bereleasedtte
SOURCE: North Cer" Taxae CouncA of Caove�errrieComwil or Ga
rrCs s. nisrtrrrenls.
..
Some encounter a bright side in DART's Park Lane station, parks his
Dallas' increasing traffic conges- 16-year-old clunker for free and
tion. Ron Miller, a business develop- takes the train to work on his com-
ment analyst for Mobil Oil Co., pany-subsidized rail pass.
leaves his Far North Dallas home at It's big -city living at its finest, he
6:15 a.m. most workdays, drives to said.
l DaUaa!loreiot' {
"I read the paper, get to the'of
fice early, have no traffic tie-npsl
and save probably $350 a year," hey
said. "I take the train home, decom'
press on the way and arrive homel
relatively stress -free. It's great.".^ f
31
Supplement to the February 1998 Monthly Fact Column
City of Southlake Growth and Economic Indicators
General Fiuxl City Sales Tax ReNenues
First Four Months, FY91-FY98
s1.m
s1.....................................................................................................I.I.......
�
sam.......................................................................................... .....
611.'-
n5600................................................................... �.�... .....
^, SJIIU...........................................126.7..... :i0%0... .. .....
r
s^_oo .....ASG.d....A�kL2... 197.E . .. .....
SO
MI R92 FY93 R94 R95 FY% Fyn FV98
Source: City of Southlake Finance Department
Single Family Residential Building (SFRB) Permits
1985 - 1997
900
ZI 719
7J 642
600...............................................................�.t,...SP......... ....
476
.. 377
c
300
197
0.
33 56 51
0
N� N6 N7 NN '19 ,N) `)I v'_ 93 `M 95 IM 97
Source: City of Southlake Building Division
Average Single Family Residential
Building Permit Value,1985-1997
$400
$300 9s
.............................. b......
„ .37 _46
$200 Kim
'_I3
NONE
E= $100 ..
$�1
Nt N6 N7 NN N9 )I 9'_ 93 Y3 95
Does not include land value
Source: City ofSouthlake Building Division
City of Southlake Office of Economic Development, 817/481-5581 ext. 776
Businesses
First Quarter, 1994 -1998
1000
625
500 .......... eo......... 500 _.
.0
0 AW
Z 94 95 96 97 98
Includes Home Based and Non -Profits
Source: City of Southlake Office of Economic Development
New Commercial Space
1994-1997
600
408S 420.4
..........
77
200 - 71962
c
y
7 0
E- 1994 1995 1996 1997
Source: City of Southlake Building Division
Value of NewC t merdal Space
1994-1997
$20
$15.................................................................1a.7........................................
t.� $10............. a,a...............................
........ ..... 10.3 ......
L $5 .....
..... 6.4 .....
..... ......
so
1994 1995 1996 1997
Source: City of Southlake Building Division
NewCanmercial Building Pernits
1994-1997
60
47
................................................................................. ......
30
10 ..... ..... ......
it
M)4 1995 1996 1997
Source: City of Southlake Building Division
Crime Rate per 100 Population
1990-1996
5.0
4.0 3.83
L
U 1.0
'90 '91 '92 '93 94 '95 96
Source: Uniform Crime Reporting Division.Texas Dept.
of Public Safety and NCILOG
City Property Tax Rate Per $100 Assessed Value
FY1985 - FY1998
v
506
Soa............. .........................s,y....1�w
U] a 33
50.E ...:�:��... .....
v
a
50.0
x w 4 v3 w �3
Does not include ISD or County Jurisdictions
Source: City of Southlake Finance Department
Households
1990-1997
8.0
ti6.0.......................................................................i.......................3.1.........
4.6
t�C 4.0............................................. a.6....
18 s.�.
2.0 ...
0.0
'90 '91 '92 '93 '94 '95 '96 '97
Source: North Central Texas Council of Governments
City of Southlake Office of Economic Development, 817/481-5581 ext. 776
Residential Sales
1992-1997
650
477
4l4 370
0
325 ...................2.62......99
....... . . .....
196
0
1992 1993 1994 1995 1996 1997
Source: Northeast Tarrant County Board of Realtors
Average Value of Residential Sales
1992-1997
$400
$325.7
$ 300 $302.72 6 $30J.1
z6s:_
$__4.6
$_43.1
N $200
F $ 100
so
1992 1993 1994 1995 1996 1997
Source: Northeast Tarrant County Board of Realtors
Total Recreation PrograrnUers
1993-1997
48
36.9
32...........................................................................
I9.2
0 16.........................................................
E-� 0 02 04
1993 1994 1995 1996 1997
Source: Cay of Southlake Parks and Recreation Dept.
Parks & Recreation Programs
1993-1996
400
311
300.............................................................................. .....
O
200 ....Iva........ .....
.............................................................
b........ ... .....
� 19
O
a 0
1993 1994 1995 1996 1997
Includes Programs and Special Events
Source:City of Southlake Parks and Recreation Dept.
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s"o— SPRWGS
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February 9, 1998
Mayor Rick Stacy
City of Southlake
667 N. Carroll Ave.
Southlake, Texas'76092
Dear Mayor Stacy,
In this day-to-day crazy world we live in, we often times don't take the time to say thank
you when it is truly deserved. I wanted to take a moment to express my sincere gratitude
to two Southlake Police Officers.
On Sunday, February 8, 1998, my family and I were traveling along FM1709 when our
car became disabled. The frustration of a vehicle dependability issue is one thing, but
when your family is with you, several miles from home, our two -year -old becoming
concerned about our car now parked on the side of the road, the frustration is even
greater. It was at this point that Officer Jeff Vogel arrived and provided a comfort factor
to not only my family but to myself. Officer Vogel immediately summoned a towing
:service, rearranged his patrol car to accommodate a car seat for our child, and transported
my family to our home. During the transporting of my family to our home, Officer Vogel
displayed a professionalism that most people only read about. He made such a positive
impression on our two -year -old that he is still talking about the policeman named Jeff.
There is a second officer that I do not want to lessen the importance of, Offi
cer Steve
Morton. It was during the transportation of my family that Officer Morton remained with
me and turned a stressful, frustrating situation into a palatable occurrence. I have worked
with law enforcement oftcers and public relation groups around the world and have
never been made to feel so -at -ease.
There are ways of doing one's job and simply getting by. This however was not the case
with these two officers, and I am in hopes you pass along my sincere appreciation for not
only the approach to the problem, but for the professionalism and dedication in helping a
family of Southlake.
Sin rely,
Tasker
4 . Bob Jones Rd.
cc: City of Southlake, Cliief of Police
34
QW
Mark H. Bogosian
415 Fondren Ct.
Southlake, TX 76092
February 18, 1998
Nilr Ernest Bramlett
Water Utilities Superintendent
City of Southlake
667 North Carroll Ave.
Southlake, TX 76092-8898
Dear Ernest:
I recently placed a call to the Water Department to request a leak check and I just wanted
to let you know how impressed I was with the promptness of the response and the
outstanding people you had working for you. Having recently moved to Southlake from
%lassachusetts. I have to admit that I thought I would get the typical "run of the mill, cin
employee attitude" when I placed the call. How wrong I was! I can't say enough about
the level of service I received from Charlotte Kelsey. Terry Holloway, John Wallace and
Chris Rivers. I was struck by their high level of professionalism and knowledge. More
importantly however, their personalities and demeanor were outstanding' I can't tell you
l
what an absolute pleasure it is to deal with employees of them caliber! They reflect credit
upon } ou -Mr. Bramlett and the City of Southlake. Please give them a "Pat on the Bach"
for a job well done!
.Sincerely.
31
RECEIVED
EE B 2 3 1998
DEPT. OF PUBLIC WORKS
Q-1
Chief Campbell, February 03,1998
This letter should serve as my formal notice of resignation, effective February 17, 1998.
I would Gke to take a moment to thank you and the entire Southlake Department of Public Safety
for making me a part of this fine organization and family. Southlake will always occupy a special
place in my heart and mind as I think of the way that this family took care of me in the especially
rough year of 1996. Your and this department's devotion to taking care of it's own made me a
stronger individual and saw me through the most trying time of my life and career.
Chief, it has truly been a privilege to work along side of you and the most professional public
safety organization in the State of Texas. My best wishes to you and all of my fellow employees.
Thanks to all of my family and may God bless you.
Allen Smith
N
• FEB-24-1998 11:53 LAW FIRM 817 332 4740 P.02/03
isba; j:ujrY 6AbW?-uD-VA 0:1 451 9L44 TiOlWO, 90. 0761
rP:..3
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To: nos. Hypo Ne,/
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FEB-24-1998 11:53 LAW FIRM
February 10, 3.998
Real Estate Division
817 332 4740 P.83/03
ADAMSON/baav/ 329
408-80a
Stq'BJECT_ proposed Lease No. DACW63--1-98-0553, City of southlake,
Grapevine Laken Texas
Ms. Narylyn Miles
5609 Hensley Drive
port North, Texas 76134
Dear Ms. miles:
Thank you for your letter of February 4, 1998, expressing
your concern over a propo"A park and recreation lease agreement
between the United States and the City of southlake. Texas. a
portion of the land to be leased for the park was acquired from
your grandmother, Alice Jones Fretwall, in 1954, You have
requested that the land be returned to the estate of your
gran .
A review of tkm real estate files indiCates that the property
in question is located in tract C-236. The records contain no
requirement that the land be used as a Federal park or that it be
returned to the former owner in the instance of the referenced
lease.
The 1954 Flood Control Act and other legislation give the
secretary of the Army authority to grant leases of this type for
these project lands. The U. S. Army Corps of Enginc*rs is using
this land as specified by the Secretary of the Army and the U. S.
congress. Therefore your request to have the Federal land
returned to the estate of your grandmother is denied.
Please direct any other questions to Mr. Rich Adamson at
(817) 978-2329 or to Mr. Charles burger at (817) 481-4541.
copy Furnished:
CESWF-OD
CISWF-OD--GR
M
Sincerely,
0
Hyla J. Head
Chief, Real Estate Division
TOTAL P.03
✓ O � lh � � V
Dallas -Fort Worth Area FEB 2 3 W7
Partners in Mobility
OffrCE Of cmr
Dallas Regional Mobility Coalition — Fort Worth Chamber of Commerce — Greater Dallas
Chamber of Commerce — North Central Texas Council of Governments — North Texas Commission
R. Denny Alexander TO: Selected County Mayors, ,
Y ty Judges, g DATE: February 18, 1998
George Bayoud
and City Managers
Barbara Mallory Caraway
Lee F. Jackson
m Jackson FROM: Michael Moms, P.E.
Ji
JPaul Jones Director of Transportation, NCTCOG
Allan Howeth
Jack Miller SUBJECT: Meeting Date Change of Texas Transportation Commission Meeting
Paul N. Wageman
We received notification from the Texas Department of Transportation (TxDOT)
Patti Clapp that the March meeting date of the Transportation Commission has been
James McCarley changed from Thursday, March 26, 1998 to Monday, March 30, 1998. All
hael Morris delegations previously scheduled to appear before the Commission on March 26
Parker are now scheduled to appear March 30.
hm
Currently, our Partners In Mobility delegation is the second delegation scheduled
on the agenda, which means our testimony should begin around 9:30 a.m. and
conclude around 10 a.m. Please understand these times are estimates. We
cannot be certain that the agenda will not change, nor can we predict how many
legislators may appear to speak at the beginning of the meeting.
The meeting will be held at TxDOT, Dewitt C. Greer State Highway Building,
125 East Eleventh Street, Austin. Please return the enclosed Fax Reply Form
indicating your attendance plans to Vic Suhm of the North Texas Commission at
your earliest convenience.
We apologize for this schedule change and for any inconvenience it may cause.
Please try to join our delegation on Monday, March 30, 1998, in Austin.
db
Enclosure
CC
Michael Moms, P.E.
North Texas Commission P. O. Box 610246 DFW Airport, Texas 75261 (972) 621-0400 FAX (972) 929-0916
C FAX REPLY FORM
RETURN BY MARCH 2, 1998
TO: Vic Suhm
North Texas Commission
Fax # (972) 929-0916
FROM:
(Name of Respondent)
(Name of Chamber of Commerce)
The following persons representing the above -mentioned chamber of commence will be
a part of the 1998 Partners In Mobility delegation and will be in Austin for the Monday,
March 30, 1998 meeting of the Texas Transportation Commission:
VA 4
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City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: CIP Status Report
Attached is the status report of projects currently included in the City's Capital Improvement
Program for 1996-1998. This monthly report is in a narrative format which describe the ongoing
progress of each project. A graphical schedule of each project is also included which shows the
current schedule with it's corresponding baseline schedule.
These narrative and graphical updates will include the following:
1996-1998 Sewer & Water Infrastructure CIP Projects
1996-1998 Neighborhood Sewer/Street CIP Projects
S.H. 114 Reconstruction Projects
Miscellaneous Projects
1
RH/
Attachment: CIP Report
24
MONTHLY CAPITAL LNIPROVEMENT PROJECTS UPDATE
March 1998
1996-98 Sewer and Water Infrastructure CIP Projects
SEWER INFRASTRUCTURE
Project Description: Dove Estates Lift Station & Sanitary Sewer Improvements
Discussion: Currently, the Dove Estates subdivision is served with sanitary sewer. This sewer
flows to a small treatment facility where it is treated and discharged into Lake Grapevine. This
treatment facility is a maintenance problem and requires daily upkeep. In order to abandon the
treatment facility, a lift station needs to be constructed so the sewer can be pumped within a force
main to the gravity sewer located in Lonesome Dove Estates. The design of this project is
ongoing and should be completed by the end of February. The design of this project has spanned
longer than anticipated due to expanding the scope of this project. This change involved
analyzing whether other properties near this proposed sewer line can be connected to sewer via
these improvements. This project was originally proposed and funded for the FY1996-97, but
because no improvements to this project can occur until the lift station at N. Carroll Ave. and E.
Dove St. is abandoned and improvements to the lift station at Lonesome Dove Ave. and E. Dove
St. occur, this project was delayed and placed in the FY1997-98. The estimated design and
construction cost is $170.000.
ID
Task Name
Duration
1997
1998
1999
J J A S O N D
J F M A M J J A S O N D
J F M A M J J A S O N D
1 56
Dove Estates Sewer
358d
i
j 57
Design
110d
90°6
58
Review Plans
21 d
0°6
59
Obtain Right of Way
120d
%
60
Finalize Plans
10d
61
Advertise
21 d
62
Council Bid Award
1 d
a 9/17
63
Obtain Contract Documents
15d
o 0%
64
Preconstruction Conference
1 d
10/8
65
Construction
Wd
0%
Project Description: Crossroads Square Sanitary Sewer"
Discussion: The City budgeted $125,000 in the FY1996-97 CEP budget to construct a sanitary
sewer line from the existing lift station at Crossroads Square tot he existing sewer line at the end
of Caddo Lake Drive in the Lakecrest Addition. portion of this project was approved and funded
for the FY1996-97. The original alignment of the sewer was revised due to the developer of the
Shady Oaks Retail Center participating with the city. Under this new alignment, the portion of
the sewer line from Caddo Lake Drive to the north side of F.M. 1709 was constructed. Due to
the alignment change, an additional $50,000 is required to design and construct the remaining
portion of this sewer line. The remainder of this sewer line is from the entrance to Bicentennial
Park to the lift station located at F.M. 1709 and N. White Chapel. With the completion of this
section, the existing lift station will be abandoned. The construction plans are complete and are
(4w being reviewed by the city. The anticipated completion date is the end of June, 1998.
* Designates anew project
** Designates a revision to a previously proposed project
1
0
ID
Task Name
Duration
1997
1998
1
D J F M A M J J A
S O N D
J F M A M J A S i 0N D
J
J F M A M J
89
Crossroads Square Sever
161
li
90
Design
80
0
100%
91
Review Plans
18
0
50%
92
Obtain Right of Way
0
g
93
Finalize Plans
3
a
0%
94
Advertise
28
©%
95
Council Bid Award
1
4/14
96
Obtain Contract Documents
15
©
0%
97
Preconstruction Conference
1
5/6
98
Construction
15OT
pob
Project Description: Sewer Line Extension North on lkhite Chapel to Bob Jones Park*
Discussion: This sewer line is needed to provide sanitary sewer service to Bob Jones Park.
The estimated design and construction cost is $244,000. The city anticipates having this sewer
line engineered and designed in the FY1997-98 and constructed in the FY1998-99. Therefore,
$19,520 will have to be funded for the engineering costs for the FY 1997-98. The design of this
project was scheduled to be completed by the end of November 1997. However, the design has
been delayed because the TRA lift station is not yet in service. The design will begin once the
TRA lift station is in service. The projected completion date for this lift station is mid -March,
1998.
ID
Task Name
Duration
1998
1999
O N D
J F M A M J J A S O N D
J F M A M J J A S O N D
J F
M A
100
Bob Jones Park Sewer
188d
101
Design
30d
0%
102
Review Plans
15d
;, ® 0%
103
Obtain Right of Way
30d
096
104
Finalize Plans
5d
a
105
Advertise
21 d
d 0*16
106
Council Bid Award
1d
0 *'�7,7
107
Obtain Contract Documents
15d
®' 0%
108
Preconstruction Conference
1d
a 7129
109
Construction
90d
0
Project Description: S-7 Sewer Line Extension*
Discussion: The S-7 sewer line serves the southeast portion of the city. With the construction
of this extension, the city can eliminate the wastewater treatment facility at Bank Place. This
sewer line will also serve the commercial and industrial sites located in this portion of the city.
The estimated design and construction cost for this project is $1,000,000. The city anticipates
that the design and a portion of the construction will be completed in the FY 1997-98 and the
remainder of the construction to occur within the FY1998-99. Therefore, $500,000 is proposed
to be allocated for the FY1997-98, and the remaining $500,000 to be allocated for the FY1998-
99. A portion of this sewer line was recently authorized for design. The portion authorized was
the part that will cross the petroleum companies along SH 26. The intended completion date for
this project is December 1999.
* Designates anew project
** Designates a revision to a previously proposed project
2
NJ
ID iTask Name
Duration
7 1998
1 1999
J A S O N DI JI F M A M J J A i S O N D
J I F1 MIA I MI J I J I A S O N D
J
122 S-7 Sewer Extension
458d
123
Design
90d
0°6
124
Review Plans
15d
p
125
Obtain Right of Way
150d
0%
126
i Finalize Plans
5d
127
Advertise
21 d
0%
128
Council Bid Award
1d
32
129
Obtain Contract Documents
15d
0%
130
Preconstrucbon Conference
Id
324
131
Construction
180d
0
Project Description: Diamond Circle Estates Sewer/Streets
Discussion: Construction is on schedule for this project. The sanitary sewer construction is
complete and work on the street has reached the midpoint of completion. Construction is
scheduled to last until the end of March- 1998.
ID
Task Name
Duration
6
1997
1998
J A S O N D
J F M A M J J A S O N D
J F
MIA M J J A S O N D
J
23
Diamond Sewer/Roads
379d
24
Design
75d
100%
25
Review Plans
21d
100".6
26
Obtain Right of Way
45d
log
27
Finalize Plans
10d
28
Advertise
19d
51111 100%
29
Council Bid Award
1d
/2
30
Obtain Contract Documents
15d
100%
31
Preconstruction Conference
1d
Q h9/16
32
Construction
120d
85°6
Project Description: Sutton Place Sewer (CDBG)
Description: Construction began for this project on October 27, 1997. At least 60 days will be
required to install the sewer main line. As you are aware, there is a second phase of construction
which involves connecting the residents from their existing septic systems to the main sewer line.
The nnnctntctinn fnr thic nnrtinn is nnw in nrnPTecc
ID
Task Name
Duration
1997
i 1998
N D
J F M A M J J A S O N DI
J F M A M J J A S O N D
J F M A M
1
Sutton Place Sewer (CDBG)
300
2
Design
60
100%
3
Review Plans 21
100°6
4
Obtain Right of Way 60
100% _
5
Finalize Plans
10
6
Advertise
28
100°.6
7
Council Bid Award
1
92
8
Obtain Contract Documents
15
100°h
9
Preconstruction Conference
1 1
j�1.02
'
10
Construction
100
70°6
* Designates anew project
** Designates a revision to a previously proposed project
3
Project Description: Dove St. Force Main (Lonesome Dove Ave. to Kirkwood ** J P (L )
Discussion: The first phase of this project was originally approved and funded for the FY 1996-
97. The first phase will be constructing a 14" force main along Dove. St. and modifying the
existing lift station located at Dove. St. and Lonesome Dove Ave. In the future, an additional 18"
force main along Dove St. will be required in order to serve the subsequent development and the
existing homes connecting to sewer. Therefore, instead of constructing the 18" force main at a
later date and disturbing the area a second time, the city proposes constructing the 18" force main
at the same time as constructing the 14" force main. The additional cost is 5361,OOO, of which
$300,000 will be allocated for the FY1997-98 and the remainder $61,000 being allotted for the
FY1998-99. The design of this project is around 85% complete. Approval was received from
TU Electric in order for the proposed force mains along Dove St. to be located within the existing
TU Electric easement along the north side of Dove St. Permission still must be granted by the
homeowners for which this existing TU Electric easement is located. The utility easements are
now being aouired. The expected comnletinn date is Decemher 1998
ID
Task Name
Duration
1997
1998
O
N D
J F M A M J J A S O NF
J F M A M J J A S O N D
J F M A
45
Dove Road Sewer
528
46
Design
332
90%
47
Review Plans
21
0
0%
48
Obtain Right of Way
120
49
Finalize Plans
10
0%
Ifi
50
Advertise
28
0
0%
51
Council Bid Award
1
/12
52
Obtain Contract Documents
15
a
0%
53
Preconstruction Conference
1
7/6
54
Construction
120
0%
Project Description: 18" Force Main from Raintree Vicinity to Kirkwood Blvd. *
Discussion: This force main will convey the sewer from the Raintree/Shady Lane vicinity to the
proposed sanitary sewer line at the intersection of Dove St. and the future Kirkwood Blvd. The
cost of this project is estimated at $648,000, although only $432,000 will be appropriated for the
FY 1997-98. The remaining $216,000 willbe funded in the FY 1998-99 budget. This project is in
its beahminia design staiae. The Dreliminary schedule for this Droiect is as shown below.
ID
Task Name
Duration
7
1998
1999
J A S O N D
J I F
IMIAIMIJIJIAISIOINID
J F M A M J J A S 10 1 N D' J
78
Force Main tom RalnIr" Vklnity
515d
i
79
Design
150d
20°6:
80
Review Plans
30d
81
Obtain Right of Way
150d
° 0
�
82I
Finalize Plans
20d
0°6
83
Advertise
28d
0%
84
Council Bid Award
1 d
i!
0e6
85
Obtain Contract Documents
15d
09A
86
Preconstruction Conference
1d
0°6
87
Construction
150d
peg
' Designates a nm% project
*' Designates a revision to a previously proposed project
4
Project Description: Lit Station Located in the Raintree/Sha • Lane Vicini *
J p ,f � �
Discussion: This lift station will pump sanitary sewer from the Raintree/Shady Ln. area to the
gravity sanitary sewer located at Dove St. and the future Kirkwood Blvd. The estimated cost of
this project is $425,000, of which $318,650 will be allotted for the FY1997-98. The remaining
S 106,250 will be allocated for the FY 1998-99. This project has begun and should be designed
ahead of schedule. The city has purchased the property where this lift station will be located. The
anticipated schedule is as follows:
ID
Task Name
Duration
7
1998
1999
J A S O N D
J F M A M J J A S O N D
J F M A M J J A S O N D
J
89
U t Station P_ RalntreerShady Area
440d
-
90
Design
130d
%
91
Review Plans
30d
92
Obtain Right of Way
150d
°
93
Finalize Plans
20d
0% r
94
Advertise
28d
0°A
95
Council Bid Award
1d
D*4
96
Obtain Contract Documents
15d
97
Preconstruction Conference
1 d
p%
r
98
Construction
150d
Project Description: 18"Gravity Sewer Line from Mesco Lift Station to Proposed
Raintree/Shady Ln. Lift Station*
Discussion: This sanitary sewer line will begin at the existing lift station located near the Mesco
property and extend along the Jones Branch creekway to the proposed lift station located in the
Raintree/Shady Ln. vicinity. With the construction of this line, the existing lift station at Mesco
will be eliminated. The estimated design and construction cost is $175,000, although only
$116,667 will be appropriated in the FY 1997-98 CIP budget. The remaining $58,333 will be
funded in the FY1998-99 budget. This project is in its beginning design stage and will be
contingent on the proposed drainage improvements along Jones Branch. The preliminary
schedule is depicted below.
ID
Task Name
Duration
1998
1999
A S O N D
J F M A M J J A S O N D
J F M A M J J A S O N D
J F
100
18" S.S. Line from Mesco to Ralntree
515d
101
Design
150d
5%
102
Review Plans
30d
103
Obtain Right of Way
150d
00
104
Finalize Plans
20d
0°.E
105
Advertise
28d
0%
106
Council Bid Award
1d
0%
107
Obtain Contract Documents
15d
0°b
108
Preconstruction Conference
1d
0°6
109
Construction
150d
0%
Designates a nely project
" Designates a revision to a previously proposed project
5
(40"
WATER INFRASTRUCTURE
ON
Project Description: 12" Water Line along Continental to Crooked Lane to S. Kimball to FAA
1709
Discussion: Currently, the existing 12" water line along F.M. 1709 is fed only from one
direction. With the construction of the above referenced water line, a loop with the existing 12"
,water line along F.M. 1709 with the 12" water line along Continental will be created. The
alignment for this water line along Continental has been revised. The plans for this revised
alignment have been completed and reviewed by the city. The city is in the process of obtaining
the required easements for construction. The easement acquisition should be complete by mid -
March. Construction is anticipated to take at least 180 days.
ID
Task Name
Duration
1997
1998
O N D
J I F1 MIA I MI J I J I A I S O N D
J JFJ MIA I MI J I J JAI SJOI N D
J F MIA
67
Continental/Kimball Water
531
68
Design
240
0*A
1
69
Review Plans
107
® 1
°%
70
Obtain Right of Way
98
35°6
71
Finalize Plans
10
72
Advertise
28
i
04
73
Council Bid Award
1
/9
74
Obtain Contract Documents
15
0
0%
75
Preconstruction Conference
1
O
511
76
Construction
180
0°h
Project Description: 12" Water Line - Dove St. to Kirkwood Blvd. **
Discussion: This project will provide water service to the IBM complex in Solana as well as
the future development along the future Kirkwood Blvd. This project was approved and funded
in the FY1996-97 CIP budget. During the design process, various topography and development
concerns led to revising the original alignment. The original estimate which was funded in the
FY 1996-97 budget was $200,000. With the alignment change and the addition of certain valves
and fittings, the revised estimate is $326,000. This additional $126,000 will be funded in the
FY 1997-98 CIP budget. Construction is ahead of schedule and is now being cleaned up for
finalization.
ID
Task Name
Duration
6
1997
1998
J A S O N D
J F M A M J J A S O N D
J F M A M J J
A
S O N Di J
56
Dove to Kirkwood Water
395d
57
Design
60d
100%
58
Review Plans
21d
100%
59
Obtain Right of Way
160d
100°h
60
Finalize Plans
10d
61
Advertise
28d
o 100°bl
62
Council Bid Award
1d
0 ! 925
63
Obtain Contract Documents
19d
100%
64
Preconstruction Conference
1d
a 102
65
Construction
120d
- .. ... ..
98%
* Designates anew project
** Designates a revision to a previously proposed project
on
(,Ihw
Project Description: 24" Transmission Water Line rom Trophy Club to Ground Storage .f e Tank g
No. 2**
Discussion: This water line will provide a second main feed for the city from the City of Fort
Worth. This project was approved and funded for $1,300,000 in the FY 1996-97 CEP budget.
This amount was estimated based on a proposed 20" water line. Based upon a water model study
by Freese & Nichols, it was determined that a 24" water line was required in lieu of the 20" he.
Therefore the project estimate increased by $211,000. For the FY 1997-98 CIP budget. $105,500
will be allocated with the remaining $105,500 budgeted for the FY 1998-99 CIP budget. The
design of this project is complete. The construction plans have been reviewed by the city are
being finalized . The city is also in the process of obtaining the necessary easements for this
nroiect. The expected completion date is the beginning of Anril of 1999_
31
ID
Task Name
Duration
1997
1998
N FD
J F M A 1 M J I J A S 10 1 N ID
J F M A M J J A S O N 0 J F M A M
12
24" Transmission Water Line
537
13
Design
180
100
14
Review Plans
50
i
15
Obtain Right of Way
90
0%
16
Finalize Plans
10
%
17
Advertise
28
'0%
18
Council Bid Award
1
3/27
19
Obtain Contract Documents
15
0%
20
Preconstruction Conference
1
Q 4/20
i
21
Construction
240
0%
Project Description: 24" Transmission Line from Ground Storage Tank No. 2 to Dove Elevated
Tank**
Discussion: The construction of this water line will provide a redundant source from the
proposed Ground Storage Tank No.2 to the Dove St. elevated water tower. This project was
originally estimated to cost $650,000 in the FY1997-98 CIP budget. The original alignment of
this water line was revised in order to bypass Corps of Engineers property. Furthermore, the size
of this water line was increased from 20" to 24" for hydraulic considerations. For these reasons,
as well as for the purchase of the required easements, the estimated cost increased by $200,000.
This amount will be financed through the FY1997-98 CIP budget. This project will begin in mid -
March due to the time to manufacture the pipe. The expected completion date is the end of
August, 1998.
ID
Task Name
Duration
1997
1998
N D
J F M A M J J A S O N D
J F M A M J J A S O ND- J F M A M
100
24" Ground Storage 2 to Dove
420
101
Design
120
°
102
Review Plans
30
103
Obtain Right of Way
30
104
Finalize Plans
6°b
105
Advertise
15
1
106
Council Bid Award
1
1
!
107
Obtain Contract Documents
15
108
Preconstruction Conference
1
109
Construction
120
* Designates a new project
** Designates a revision to a previously proposed project
7
(awe
Project Description: 20" Water Line rom FM 1709/White Chapel to Woodland Heights**
hts** P g
Discussion: The construction has been completed and the waterline is in service.
Project Description: 12" Water Line on Continental from Crooked Lane to Heritage Business
Park*
Discussion: This water line is crucial in providing fire flow for Heritage Business Park. This
water line will also provide a loop with the existing water lines from Commerce Business Park
and Heritage Business Park to the proposed 12" water line along Continental. The estimate for
this water line $162.000. The Dreliminary schedule is depicted below.
ID
Task Name
Duration
1998
1999
S O N D
J I F1 MlAIJM1-51 J I A I SJOI NJ D
J I F1 MIA I MI J. J' A 1 S 10 1 NJ D1
J I FT M
111
12" Line on Continental to Heritage
295d
112
Design
60d
09,
113
Review Plans
21d
114
Obtain Right of Way
120d
0"d,
115
Finalize Plans
10d
Q 0°b
116
Advertise
28d
! 0%
117
Council Bid Award
1d
l %
118
Obtain Contract Documents
15d
© 0%
119
Preconstruction Conference
1 d
0°A
120
Construction
60dM
0°6
Project Description: 12" Water Line on E. Dove St. from White Chapel to Carroll Ave. *
Discussion: This water line will replace the existing 6" water line along E. Dove St. The
engineering will be funded in the FY1997-98 CIP budget. The estimated cost for the engineering
is $22,800. The funding for the construction of this line will be budgeted in the FY 1998-99. The
estimated amount for the construction is $262,200, therefore the total amount for this project is
estimated to be $285,000. The engineering has been delayed until the necesary easements for the
force mains along Dove have been obtained. This will help minimise any conflicts if revisions
occur to the force mains.
ID
Task Name
Duration
1998
1999
O N D
J F M A M J J A S O N D
J F M A M J J A S O N D
J F M A
122
12" on E.Dove from WC to Carroll
415d
123
Design
120d
0%
124
Review Plans
21d
125
Obtain Right of Way
150d
0°6
126
Finalize Plans
10d
m
127
Advertise
28d
09.6
128
Council Bid Award
1 d
0o
129
Obtain Contract Documents
15d
0°b
130
Preconstruction Conference
1 d
0%
131
Construction
90d
n.
Project Description: 12" Water Line on N. White Chapel from W.Highland to F.M. 1709*
Discussion: The current 12" water line along N. White Chapel is deteriorating and requires
replacing. The water line will be designed in the FY 1997-98 and constructed during the FY 1998-
99 and FY1999-00. The engineering costs are estimated to be $22,800 and will be allocated in
" Desigtates a new project
" Designates a revision to a previously proposed project
8
(llliw
the FY 1997-98. The remaining- $262,000 will be funded as part of the FY1998 99 and FY1999-
00 CIP budgets. The Dreliminary design and construction schedule is on the next nape
--
ID
Task Name
Duration
1998
1999 —
-- z000
F M A M J J A S O 7D
J I F 1 MIA I M I J I J JAISJOINID
J F M A Mj J J A
133
12" on WC from Highland to FM1709
340d
134
Design
45d
Oe(
135
Review Plans
21d
136
Obtain Right of Way
150d
0%
137
Finalize Plans
10d
0%
138
Advertise
28d
0%
139
Council Bid Award
1d
0°.i
140
Obtain Contract Documents
15d
0%
141
Preconstruction Conference
1d
0°6'
142
Construction
90d
., ,. 0 °
Project Description: Miron Elevated Tank**
Discussion: This water tower will maintain adequate fire flow and water pressure to the east
side of the city's water system. The design of this project is complete and is being reviewed by
the city. The original estimated amount for this project has increased from $1,560,000 to
$1,710,000. This increase is attributed to required modifications to the elevated tanks at
Bicentennial Park and at E. Dove St. once the construction is complete to the Miron elevated
tank. These improvements total $90,000. Furthermore, a second floor in the tank shaft will also
be constructed as part of the Miron elevated tank. This improvement will cost $60,000. The
QW, engineering and construction costs are divided equally between the FY1997-98 and FY1998-99,
which amount to $855,000 each. This project has been designed and the city has reviewed the
plans. The project will be bid on March 6. The city is working together with the residents to
determine the best Daint scheme for the tank.
ID
Task Name
Duration
1997
1998
1
D J F M A M J J A S Ot-A
F
M A M J J A S O N D
J FMA M J
78
Miron Elevated Tank
581
79
Design
200
80
Review Plans
16
81
Obtain Right of Way
0
82
Finalize Plans
21
83
Advertise
19
79%'
84
Council Bid Award
1
/6
85
Obtain Contract Documents
15
%
86
Preconstruction Conference
1
30
87
Construction
270
Project Description: 30%36" Transmission Line from N. Pearson to SH 114*
Discussion: As part of the Northeast Tarrant County Regional Water Supply (NETCREWS),
the city has committed to constructing a 30" water line from Pumping Station No.I along N.
Pearson to Florence, thence along Florence to Randol NO. At this intersection, the water line
will increase in size to a 36" water line and will extend north along Randol NO to the intersection
of the future Precinct Line Rd. and SH 114. With the construction of this water line and the
proposed 24" water line along S.H. 114, a redundant main feed will be accomplished from the
City of Fort Worth. This line is scheduled to be completed in the FY2000-01. In order to
* Designates anew project
** Designates a revision to a previously proposed project
VE
(am.,
accomplish this, the engineering must be scheduled for the FY 1997-98. This amount is estimated
to be $298,861. The remaining estimated costs will be appropriated over the FY1998-99,
FY 1999-00, and FY2000-01. The entire nrniect cnct is PctimatPrl tn hp 0,'l 7-1 1 s i A
ID
i
Task Name
Duration
1998
1999
2000
- 2001
A JJASON
JF AMJJAS NDJ
A JJASON
JF A JJAIS NDJ
144
30'736" Transmisslon Line
820
145
Design
150
0%.
146
Review Plans
30
147
Obtain Right of Way
360
%
148
Finalize Plans
15
0%
149
Advertise
28
t)"b
150
Council Bid Award
1 d
0%
i
151
Obtain Contract Documents
15
0%
152
Preconstruction Conference
1d
p%
153
Construction
250
0%
Project Description: Pump Station No. 2 at T W. King Rd. **
Discussion: This pump station will provide water storage and distribution to the northern part
of the city. The tank itself was approved and funded for the FY 1996-97 for an estimated cost of
$600,000. Along with the ornamental facade, which was not estimated in the original cost of the
tank, and the increase in the bid of the tank from the estimate, there is a $400,000 increase to the
project. The design is complete for the tank itself. Construction on the tank has begun. The
design of the pump station is near completion. Construction of the pump station will be delayed
(4w until the construction of the 24" transmission waterline begins. For the FY1997-98 CIP budget,
$2,110,000 will be appropriated and the remaining $400,000 will be funded in the FY 1998-99 for
a total estimated cost of the project of S3.1 10.000
ID
Task Name
Duration
1997
1998 1
D
J I F M A M J J A S O N D
J F M I A M I J J A S O N D J F M A I M J
111
Ground Storage 2
597
i
112
Design
292
%
113
Review Plans
30
Q
poi
114
Obtain Right of Way
0
0
115
Finalize Plans
20
YE,p%
116
Advertise
28
©
pab
117
Council Bid Award
1
00�
118
Obtain Contract Documents
15
0
006
119
Preconstruction Conference
1
0%
120
Construction
210
0%
Project Description: Oversizing of 20" Water Line Through Town Center*
Discussion: The current Master Water Concept Plan requires a 20" water line to loop with the
existing 20" transmission line along N. White Chapel and the proposed 20" transmission line
along F.M. 1709. The proposed route for this water line is along N. Carroll from F.M. 1709 to
S.H. 114 thence along S.H. 114 to N. White Chapel. Due to the future vertical alignment of the
proposed N. Carroll/S.H. 114 intersection, the city proposes to locate the section of this 20"
water line from F.M. 1709 to S.H. 114 through the Town Center Development. Consequently,
(6W the oversizing cost of this water line will be elegible for TIF funds . The proposed cost to be
* Designates a new project
** Designates a revision to a previously proposed project
10
Qe
funded through the FY 1997-98 CIP budget is $20,000, with the remaining $230,000 to be funded
in the FY1998-99 budget. The construction plans have been reviewed by the city.
A
Project Description: Painting Florence Water Tower*
Discussion: The Florence Rd. water tower is scheduled to be painted during the FY 1997-98.
The estimated cost is $73,500.
* Designates anew project
** Designates a revision to a previously proposed project
II
(40"
MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE
March 1998
1996-98 Neighborhood Sewer/Street CUP Projects
31
NEIGHBORHOOD SEWER/STREET PROJECTS
Project Description: Shady Lane Area (Sewer, Water and Road Improvements) **
Discussion: Originally, $1,467,445 was approved and appropriated for the FY1997-98 CEP
budget. Due to expanding the original concept of this project, there is an increase of $458,550.
This is attributed to providing sanitary sewer service for the residents north of the Jones Branch
creek as well as building the ultimate culvert under Shady Ln. across the Jones Branch. The
construction of the water lines will replace the existing undersized water lines. The design is
complete for this project. Construction has begun for this project. Approval was recently granted
by the City of Grapevine to allow a portion of this sewer flow through Grapevine's sewer system.
An interlocal agreement is now being processed with the City of Grapevine. The street portion
along with the construction of the culvert under Shady Lane will be bid separately following the
_rA_ _a r.
VVLLI
ID
lVLLVIU
Task Name
Duration
1997
1998
A S O N D
J F M A M J J A S O N D
J F
M A M J J A S O N D
J F
1
Shady Lane Water/Sewer/Roads
537
2
Design
75
100%
3
Review Plans
21
100°,6
4
Obtain Right of Way
210
95°
5
Finalize Plans
10
I
6
Advertise
25
0
0MA
7
Council Bid Award
1
O
1211 E':.
8
Obtain Contract Documents
15
p
06%
9
Preconstruction Conference
1
1
10
Construction
210
2516
Project Description: W. Dove Reconstruction from S.H. 114 to N. White Chapel
Discussion: Construction of this project involves reconstructing the existing roadway. The
widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage
improvements will also be constructed for this project. This project was originally approved to be
budgeted for the FY 1997-98 for an estimated cost of $150,000. Originally, this project was
delayed in order to not risk damaging the reconstructed road during the proposed development
along Dove. However, under the recently approved developer's agreement with Maguire
Thomas, this project has been moved up to be constructed entirely within the FY 1997-98.
Therefore, the cost for constructing this project will be allocated within the FY1997-98 CEP
budget. The following schedule on the next page has been revised to reflect these changes.
* Designates a rim project
** Designates a revision to a previously proposed project
12
A
ID
Task Name
Duration
1998
1999
Nov I Dec
Jan I Felol Marl Apr I Mayl Jun I Jul JAugl Sepl Oct I Novi Dec
Jan J Fe Mad Apr I Ma Jun Jul iAug
89
W. Dove 114 to White Chapel
286d
90
Design
90d
3056�
91
Review Plans
21d
0°%
i
92
i Obtain Right of Way
Od
93
Finalize Plans
l0d
94
Advertise
28d
0%
95
Council Bid Award
1d
6/26
96
Obtain Contract Documents
15d
0°h
o
97
Preconstruction Conference
1d
720
d
98
Construction
120d
i
1 0% t
Project Description: Huntwick Sanitary Sewer/Abandonment of Lift Station at Carroll and
Dove
Discussion: This project has existing funds allotted. Due to a revision in the project, the
project will cost an additional estimate of $92,000. This additional cost will be funded in the
FY 1997-98 CEP budget. The revision includes abandoning the existing lift station at E. Dove and
N. Carroll and constructing a new lift station near Quail Creek Estates. Construction of these
improvements will provide sanitary sewer service to Huntwick Estates. All easements have been
acquired and the project construction is underway. The anticipated construction date is the end of
A--1 t nno
ID
Task Name
Duration
1997
1998
A S O N D
J F M A M J J A S O N D
J F
M A M J J A S O N D
J F
12
Huntwick Sever
331
13
Design
60
100%
14
Review Plans
15
arm, 10O%
15
Obtain Right of Way
200
100°
16
Finalize Plans
10
p
17
Advertise
12
m 100
o6
18
Council Bid Award
1
a
19
Obtain Contract Documents
1520
tl
Preconstruction Conference
1
Q
:
21
Construction
90
—
30°.6
Project Description: Mission Hills Sanitary Sewer"
Discussion: This project was approved and funded for the FY1996-97 in the amount of
$368,000. The cost for this project has increased due to efforts to save existing trees and replace
existing landscaping within the RO.W. This increase totals $62,000 and will be funded through
the FY1997-98 CEP budget. All easements have been acquired and the project has begun.. The
preliminary schedule on the next page reflects an anticipated completion date by mid -August.
1998.
* Designates a ne v project
"* Designates a re%isien to a previously proposed project
13
X
X
ID
Task Name
Duration
1997
1998
A S' O I N D
J F M A M J J A S O N D
J F
M A M J J A
S O N D
J F
34
Mission Hills Sewer
484
35
Design
75
36
Review Plans
21
100%
37
Obtain Right of Way
130
W100
6('
38
Finalize Plans
10
toe.j
39
Advertise
16
1
0%
40
Council Bid Award
1
Q
1211
41
Obtain Contract Documents
15
0%
42
Preconstruction Conference
1
Q
43
Construction
120
Project Description: Burney Ln. Reconstruction from N. Carroll to Lonesome Dove Ave. **
Discussion: Construction of this project involves reconstructing the existing roadway. If
needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet.
Minor drainage improvements will also be constructed for this project. This project was
approved to be funded for the FY1997-98 for an estimate of $129,400. Recently, we received an
updated estimate reflecting the current construction prices and the estimate was $17,600 higher
for a total of $147,000. This increase will be funded through the FY 1998-99 CEP budget. The
preliminary
ID
scne(lule lur TDuration
TaskName
lU GU"LLGec
1l lGU VG1VW.
1998
1999
Oct Nov DJan
Fe Mar Apr I Ma Jun I Jul JAug JSepJ Oct I Nov Dec
Jan Fe Mar Apr Ma Jun Jul
1
Burney (Carroll to Lonesome
226d
2
Design
60d
5%
3
Review Plans
21d
f 0%
4
Obtain Right of Way
Od
5
Finalize Plans
10d
o 0%
6
Advertise
28d
= 0%
7
Council Bid Award
1d
Q 7/31
8
Obtain Contract Documents
15d
F 9
Preconstruction Conference
1d
;Q ;�824
10
Construction
90d
Doi
Project Description: Love Henry Court Reconstruction**
Discussion: This project was approved to be funded for the FY1997-98 for an estimate of
$66,800. This estimate reflected replacing the existing asphalt roadway while keeping the existing
concrete curb. Recently, we received an updated estimate reflecting the current construction
prices along with additional proposed improvements and the estimate was $42,200 higher for a
total of $109,000. These proposed improvements include replacing the existing concrete curb and
existing asphalt roadway and constructing minor drainage improvements. This increase will be
funded through the FY1998-99 CEP budget. The preliminary schedule for this project is depicted
on the following page.
* Desipates anew project
** Desi pates a revision to a previously proposed project
14
NJ
A
ID
Task Name
Duration Oct Nov Dec
1998
1999
Jan Fe Mar Apr Ma Jun Sep Oct Nov Dec Jul Aug
Jan Fe Mar Apr'�Ma Jun Jul
12
Love Henry Court
181d
---�
13
Design
45d
0°h
14
Review Plans
21d
0 0%
15
Obtain Right of Way
Od
16
Finalize Plans
10d
0%
17
Advertise
28d
0%
18
Council Bid Award
Id
0 817
19
Obtain Contract Documents
15d
p o°�'
20
Preconstruction Conference
1d
0 8/31
21
Construction
60d
Project Description: Lake Dr. Street Reconstruction along w/ Water & Sewer Inzprovenzents**
Discussion: This project was approved to be funded for the FY 1997-98 for an estimate of
$93,000. Recently, we received an updated estimate reflecting the current construction prices
along with the addition of constructing a water line and sewer line along Lake Dr. The proposed
water line will replace the existing undersized water line along Lake Drive. The proposed sewer
line will serve the residents along the east side of Lake Dr. The reconstructing of the road will
include widening the existing pavement 4'-6' in order to obtain a continuous 22' wide cross
section. The estimate was $76,000 higher for a total of $169,000. This increase will be funded
through the FY1998-99 CIP
budget. The prehinmary schedule for tors
ro ect is ae 1GLt:U UUIUW.
ID
Task Name
Duration IlDeclJanJFebJ
1998
1999
MarITkPrIMayI Jun I J IAug Se Oct Nov Dec
Jan Fe Ma Apr May Jun, Jul JAuglSep
23
Lake Drive
256d
24
Design
60d
50°6
25
Review Plans
21d
0%
26
Obtain Right of Way
Od
27
Finalize Plans
10d
0%
28
Advertise
28d
0%
29
Council Bid Award
1d
7/1
30
Obtain Contract Documents
15d
%
31
Preconstruction Conference
1d
7/23
32
Construction
120d
ou
Project Description: Pine Dr. and Lilac Ln. Reconstruction**
Discussion: This project was approved to be funded for the FY1997-98 for an estimate of
$234,600. The construction for this project will be removed from the FY1997-98 to the FY1998-
99 CIP budget. The engineering will be funded for the FY1997-98 for the amount of $18,768.
The remaining $215,832 will be funded during the FY1998-99. The preliminary schedule for this
project is depicted on the next page. The construction of this project will include reconstructing
the existing roadway. The estimate reflects widening the proposed roadway by 1 to 2 feet.
* Designates a new project
** Designates a revision to a previously proposed project
15
A
,—
ID
Task Name
Duration
1998
1999 — T
MO Jun I Jul JAug Sep Oct Nov Dec
Jan Fe Mar Apr Ma Jun Jul AugiSep Oct Nov Dec
Jan Feb
33
34
Lilac/Pine
330d
35
Design
75d
01/0
36
Review Plans
21d
37
Obtain Right of Way
god
38
Finalize Plans
10d
39
Advertise
28d
0%
40
Council Bid Award
1d
4129
41
Obtain Contract Documents
15d,
0%
42
Preconstruction Conference
1d
5/21
43
Construction
120d
o°/
Project Description: Harrell Drive Reconstruction*
Discussion: Construction of this project involves reconstructing the existing roadway without
widening the existing roadway. The existing drainage problems will be addressed in the design of
this project. This project is estimated to cost $140,000. For the FY 1997-98, $11,200 will be
appropriated for the engineering. For the FY1998-99, the remaining $128,800 will be funded for
�L- cr•}rarltilP 1C rP.flP.CTed below_
L
ID
Task Name IDuration
'1998
1999
Mayiunl Jul IAugISePI OctJNovJ Dec
Jan Fe Mar Apr Ma iunl
Jul JAugJSepJ Oct Nov Dec
Jan Feb
99
100
Harrell Dr. Reconstruction
271d
101
Design
75d
%
102
Review Plans
21d
TA
103
Obtain Right of Way
Od
104
Finalize Plans
10d
0%
105
Advertise
28d
0%
106
Council Bid Award
1dj
3110
107
Obtain Contract Documents
15d
0%
108
Preconstruction Conference
ld
4/1
109
Construction
120d
0%
Project Description: Union Church and S. Pearson Reconstruction*
Discussion: This project is estimated to cost $534,310. For the FY1997-98, $42,745 will be
appropriated for the engineering. For the FY1998-99, the remaining $491,565 will be funded for
the construction. If needed, the widening of the existing cross-section of this road will be limited
to 1 to 2 feet. The preliminary schedule is reflected on the following page.
* Designates anew project
** Desipates a revision to a previously proposed project
16
31
ID
Task Name
Duration
1998
1999
Ma Jun Jul Aug Sep, Oct Nov Dec
Jan I Febl Marl Apr I Ma Jun I Jul lAua I Sep Oct Nov Dec. Jan Feb
110
I
111
Union Church & S. Pearson
316d
112
Design
90d
j 0°
113
Review Plans
21d
0°�
114
Obtain Right of Way
Od
115
Finalize Plans
10d
0% j
116
117
Advertise
Council Bid Award
28d
1 d
0%
2/26
118
Obtain Contract Documents
15d
0%
119
Preconstruction Conference
I 1d
3/22 j
120
Construction
150d
0°6
Project Description: N. White Chapel from S.H. 114 to County Line*
Discussion: This project will be constructed as a cooperative project with Tarrant County. The
city will pay the engineering and material cost and Tarrant County will provide the labor. The
estimated material cost is $181,850. The existing cross section of the roadway will remain the
ID
Task Name
Duration
1998
uglSepl Oct Nov Dec JsnlFebl
Marl Apr lMaylJunl Jul Aug Sep Oct Nov Dec
ianlFeblMar,AprlMayl
122
N. White Chapel
280d
123
Design
100d
0% j
124
Review Plans
10d
M
m
125
Obtain Right of Way
Od
0
17
126
Finalize Plans
Sd
n
0%
127
Advertise
28d
t
0%
128
Council Bid Award
1d
0
420
129
Obtain Contract Documents
15d
0%
130
Preconstruction Conference
ld
5/12
131
Construction
120d
0%
Project Description: S. Kimball Extension from Crooked Ln. to Heritage Business Park*
Discussion: The projected cost for this project $1,750,000. This project will be designed and
engineered during the FY1997-98 CEP budget for $80,000. It will be constructed within the
FY 1998-99 and FY 1999-00. These improvements include constructing a divided four lane
a11-1 -A-- mP 11YPllmttt ]ri/ cob,-l7711P k c'hnwil hf.,Inw
ID
Task Name
Duration
1998 - _
1999
Apr Ma Jun Jul Aug Sep Oct Nov Dec
Jan Fe Mar Apr Ma Jun Jul Aug Sep Oct
Nov Dec
Jan
132
133
S. Kimball Extension
316d
134
Design
90d
0°6
135
Review Plans
21d
0%
136
Obtain Right of Way
Od
137
Finalize Plans
10d
0°6
EE
138
Advertise
28d
0% .
139
Council Bid Award
1 d
3/31
140
Obtain Contract Documents
15d
0%
141
Preconstruction Conference
I
422
142
Construction
150d
- -- 0%
* Designates anew project
** Desigiates a re%ision to a previously proposed project
17
Project Description: Brumlow Reconstruction*
Discussion: This project will be constructed as a cooperative project with Tarrant County. The
city will pay the engineering and material cost and Tarrant County will provide the labor. The
estimated material cost is $112,700. The existing cross section of the roadway will remain the
camp ThP rnnctnirrtinn nlnnc 11nvP heen Cnnninleted and the city iS reviewina them.
ID
Task Name
Duration
Sep OctINov Dec
Jan Feb Mar Apr Ma Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr MaylJun
144
Brum low Reconstruction
210d
I
145
Design
30
146
Review Plans
10
a
254
147
Obtain Right of Way
0
13
148
Finalize Plans
5
a
04
149
Advertise
28
o%
150
Council Bid Award
1
41,4/16
151
Obtain Contract Documents
15
0%
152
Preconstruction Conference
1
518
153
Construction
120
0%
Project Description: Year 3 Neighborhood Sewer (Jellico, Cross Timbers, Dove Acres,
Hillwood Acres)
Discussion: As part of the Neighborhood Sewer Program, sanitary sewer service will be
provided for residents in Jellico Estates, Cross Timber Hills, Dove Acres, and Hillwood Estates.
The estimated engineering and construction cost is $2,000,000. Due to the extent of these
projects, $1,000,000 will be budgeted for both the FY1997-98 and FY1998-99 CUP budgets. The
construction plans have been completed for Dove Acres and Hillwwod Estates and are being
reviewed by the city. The plans for Cross Timbers will be completed by the beginning of March.
Tha plane fnr TPllirn nrP RSO/ rmminilPtp
ID
Task Name
Duration
1997
1998
1999
J J A S 10 N I D
J F M I A I M I J J I A S O N D
J F M A M J
34
Hillwood, Dove Acres, Jellico
465d
35
Design
120d
75%
36
Review Plans
21d
t y7
5°6
37
Obtain Right of Way
90d
0%
38
Finalize Plans
10d
o
39
Advertise
28d
0; 0%
40
Council Bid Award
1d
d 8/31,
41
Obtain Contract Documents
15d
o 0°6
42
Preconstruction Conference
1d
iI O 9/22,
43
Construction
210d
* Designates a nen� project
*' Designates a revision to a prekiously proposed project
18
ID
Task Name
Duration
1997 1998
1999
J J A S O N D J F M A M J J A S O N D
J F M A I M J J A S O N O
45
Cross Tim bers Sewer
480d
46
Design
120d
95%
47
Review Plans
30d
0%
48
Obtain Right of Way
150d
0%'
49
Finalize Plans
45d
0%
50
Advertise
28d
0%
51
Council Bid Award
1d
8/10
52
Obtain Contract Documents
15d
0°h
53
Preconstruction Conference
1d
9/1
54
Construction
240d
Project Description: Intersection at Peytonville Ave. and F.M. 1709*
Discussion: The increased traffic congestion has warranted several changes along F.M. 1709 at
various intersections. At the Peytonville/F.M. 1709 intersection, lane improvements are needed in
order to accommodate the traffic generated by the high school. The city has recently received an
estimated cost for these provisions, which amount a total of $570,258. The engineering will be
budgeted for the FY1997-98 for the amount of $70,000. The remaining $500,278 will be
budgeted for the FY 1998-99 when construction commences. The preliminary schedule is shown
L I .
—
ID
Task Name
Duration
1998
1999
Jan Fe Mar APr Ma Jun Jul Aug Sep Oct Nov Dec
Jan Feb Mar Apr Ma Junj Jul IAugJSepJ Oct
154
155
Peytonville Intersection
226d
156
Design
60d
D%
157
Review Plans
21d
°6
158
Obtain Right of Way
Od
159
Finalize Plans
10d
0°6
160
161
Advertise
Council Bid Award
28d
1d
OA
8/14
_1
162
Obtain Contract Documents
15d
04G
163
Preconstruction Conference
1d
9r7
164
Construction
90d
0%
Project Description: Intersection at S. White Chapel and F.M. 1709*
Discussion: The increased traffic congestion has warranted several changes along F.M. 1709 at
various intersections. At the intersection of S. White Chapel and F.M. 1709, a third lane is
needed on S. White Chapel for a left turn only lane. The estimated cost for this project is
$225,000. During the FY1997-98, the project will be engineered and partially constructed. The
project will be complete in the FY 1998-99. Therefore, $118,000 will be allocated for FY 1997-98
and $107,000 will be allotted for FY1998-99.
* Desigates a nLw project
** Designates a revision to a previously proposed project
19
M
A
-
ID
T— 1998
Task Name Duration IApr Ma Jun I Jul JTug I Sep Oct I NovJ Dec
1999 --
�-
Jan JFeMarl Apr Mayi Jun I Jul JAug I Sep Oct Nov Dec
Janil
165
I
I
166
S. White Chapel Intersection
166d
167
Design
30d, 0°6
168
Review Plans
21 d' ©°6
169
Obtain Right of Way
Od 11
170
Finalize Plans
10d; 0°6
171
Advertise
28d: 0°,6
i
172
Council Bid Award
1dl 10/13
173
Obtain Contract Documents
15d; 0%
�
174
Conference
1 d, t t/4175
�Preconstruclbon
on
60d 0%
Project Description: School Road from Shady Oaks to N. White Chapel"
Discussion: This project was originally funded for $90,000 for the FY1996-97 and $860,000
for the FY1997-98. Due to the priority of this project, only funding for engineering for the
FY1997-98 will be appropriated and the existing $90,000 will not be used for this project. The
engineering costs are estimated to be $68,800. The remaining $881,200 will be fimded in the
FY 1998-99 CIP budget.
The estimate reflects an undivided two-lane asphaltic concrete roaaway.
ID
Task Name
Duration
1998
1999
kAprTMQ Ju Jul [Auo SeM Octl No Dec
Janj Feq Nbrl Ap hbyl Ju J Jul Au Se Oct No Dec
Jan
176
177
School Rd. kom Shady Oaks to WC
221 d
178
Design
45
0•/s
179
Review Plans
21
0•b
180
Obtain Right of Way
0
181
Finalize Plans
10
0%
182
Advertise
28
ON.
183
Council Bid Award
1
12/25
184
Obtain Contract Documen
15
01b
185
Preconstruction Conferen
1
1/18
186
Construction
100
0%
Project Description: Seal Coat - Woodland Heights and 8" Water Line Construction
Discussion: This project was originally funded for completing the seal coat in the FY 1996-97
for an estimated $17,500. The seal coat has been completed. The 8" water line was approved to
be funded for the FY1997-98 at an estimated cost of $30,000. This waterline will loop the water
line within the Woodland Heights Subdivision and Cambridge Place, Phase H.
Project Description: W. Dove St. from Shady Oaks to Kirkwood Branch Creek
Discussion: This project involves reconstructing the existing roadway. As part of this project,
there will be no widening of the existing roadway. The culvert under the road located just west of
Shady Oaks will be replaced as part of this project. Construction has begun for this project. The
construction should take up to four months.
* Desigates anew project
** Designates a revision to a previously proposed project
20
ID
Task Name Duration
1997
1998
A S O N D
J I Fj MIA IMI J I J JAI S1 01 NJ D
J I FJMJAJ MI J I J JAI S I O N D J F M
1
Dove (Shady to Creek) 409
MV
2
Design 65
3
Review Plans 21
1009A
4
Obtain Right of Way 0
i
5
Finalize Pfans 6
--i
6
Advertise 13
0 100%
7
Council Bid Award 1
0 9/16
8
Obtain Contract Documents - 36
0 10096
9
Preconstruction Conference 1
0 ', 11,14
10
Construction 120
25%
Project Description: Highland Road from Shady Oaks to White Chapel
Discussion: This project involves reconstructing the existing roadway. Although there will be
no widening of the roadway, the alignment of W. Highland will be realigned with E. Highland.
The city is currently negotiating with two homeowners to acquire the required right-of-way. The
city hopes to have this right-of-way by mid -March. Construction is anticipated to last for 130
,a.,
-
ID
Task Name Duration
1997 1
1998
A S 10 1 N I DI
J I F I MI A I M I J I J I A I S 10 1 N I D
J I F I M IAI MI J I J I A I S 10 1
12
Highland (Shady - WC) 599
r
13
Design 65
14
Review Plans 21
OQ%
15
Obtain Right of Way 268
50%
16
Finalize Plans 6
17
Advertise 28
t
0e
18
Council Bid Award 1
0
423
19
Obtain Contract Documents 15
o
0%
20
Preconstruction Conference s 1
5/15
21
Construction 180
_
0°14
Project Description: Timarron Street Rehab
Discussion: The scope of this project has changed from the original. Originally, the distressed
streets were to be repaired as one project. Under a City Council recommendation, the project
was to be phased into three separate projects. Each phase would repair the distressed pavement
within the phase boundary. These phases would have been completed over a 2 to 3 year period.
The first phase was bid on and the bid prices were higher than expected. So, City Council
directed staff to request bids on just the grouting portion of the project for the entire subdivision.
The paving replacement and rehabilitation will take place separately in the coming years. The
project was awarded for bid for the grouting portion to Phase One only (Creekway Bend).
Construction is complete for the grouting of Creekway Bend.
' Designates a nmv project
#" Designates a revision to a pre%iously proposed project
21
ID
Task Name
Duration
1997
1998
A S O N D
J F M A M J J A S O N D
J F M A M
J J A S O N D J F M
23
Street Rehab - Timarron eta[ 370
if
24
Design 93
100°6
25
Review Plans 10
°A
26
Obtain Right of Way 0
27
Finalize Plans 45
E7
28
Advertise 24
t 10
%
29
Council Bid Award 1
0 11
18
�I
30
Obtain Contract Documents 15
EM
31
Preconstruction Conference 1
d
2/101
32
Construction 45
tom
Project Description: Ridgecrest Road
Discussion: This project involves reconstructing the existing roadway and constructing various
drainage improvements. If needed, the widening of the existing cross-section of this road will be
limited to 1 to 2 feet. The design of this project is completed. The offsite easements for drainage
have been successfully negotiated and are currently being obtained from the downstream property
owner. Construction is anticipated to take at least 90 days, which will place the completion date
nt the enrI of Anuttct 19AR
ID
Task Name
Duration
1997
1998
1
N D
JIFIMIAI MIJI JJAJSI O N D
J F M A M J J A S O N D
J F M A M J
34
Ridgecrest Road 378
35
Design 140
1OWA
36
Review Plans 5933
100°6
37
Obtain Right of Way 110
mmm,,
50%
38
Finalize Plans 10
0
39
Advertise 21
m
0%'
40
Council Bid Award 1
4/17
41
Obtain Contract Documents 15
0°6
42
Preconstruction Conference 1
0
5/11
43
Construction 90
i0%
Project Description: Continental Blvd. from Davis to White Chapel
Discussion: This scope of this project involves reconstructing the roadway and improving the
drainage along Continental. The roadway width will be increased in areas as needed at various
intersections with side streets to subdivisions and in front of Carroll Elementary. At these
locations, the roadway will be widened to three lanes. The design is almost complete. The city
will need 30 days to review and approve these construction plans. Obtaining the required
easements and right-of-way may take longer than originally anticipated. This delay will probably
occur in part because of a negotiations with property owners along Continental who own
unplatted property. Construction is anticipated to take at least 180 days. This project should be
completed by the beginning of May, 1999.
* Designates anew project
** Designates a revision to a previously proposed project
22
31
ID Task Name Duration
i 1997
1998 1999
F M A M J J A S O N D
J F M A M J J A S O N D J F M A M J J A S
45
Continental Blvd 504
46
Design 200
85%
47
Review Plans 21
0%
48
Obtain Right of Way 150
0°6
49
Finalize Plans 10
50
Advertise 21
51
Council Bid Award 1
i
Cy
8/6
52
Obtain Contract Documents 15
0%
53
I Preconstruction Conference 1
0
8728-'
54
Construction 180
0%
Project Description: Burney to Cul-de-sac
Discussion: This project involves reconstructing the pavement from the cul-de-sac to
approximately 1000' west along Burney. The design of this project is complete and the plans have
been reviewed. The construction plans are currently being finalized. The city will require 20 days
to review and approve the plans. The advertising, bidding, and award of contract will take up to
45 days. Construction is anticivated to take at least 90 days.
1997 1998 1 1999
ID
Task Name
Duration
F M A lMFJ I JJAJ SIOTNI D J I FIMIAIMI
J I J JAI S101 NJ DII FTM7AFMI J I J JAI S
i 56
Burney to Cul-de-sac 313
57
Design 150
®
100°6
58
Review Plans 15
100%
59
Obtain Right of Way 0
60
Finalize Plans 20
n
0%
61
Advertise 21
EM
0%
62
Council Bid Award 1
5/5
63
Obtain Contract Documents 15
0
0°b
64
Preconstruction Conference 1
!
5127
65
Construction 90--�
0% 1
S.H. 114 RECONSTRUCTION PROJECTS
The State of Texas has recently committed to appropriating money over the next several years for
the reconstruction of S.H. 114. Consequently, the City of Southlake must satisfy several agendas
before the start of construction. The next few projects listed need to be funded for the FY 1997-
98 CEP budget in order to carry out these agendas.
Project Description: Channel Improvements along the Jones Branch*
Discussion: Currently, Wal-Mart and the Village Center Development are detaining the runoff
from their sites. The proposed RO.W. for S.H. 114 along these developments is the land area
which these detention ponds presently occupy. These detention ponds will be eliminated for the
reconstruction of S.H. 114. Before these detention ponds are eliminated, provisions must be
made to the downstream properties in order to increase the capacity of the current Jones Branch.
The city will appropriate $250,000 for each of the FY1997-98 and FY1998-99 for the easement
* Designates anew project
** Designates a recision to a previously proposed project
23
acquisition and construction of drainage improvements along the Jones Branch. These
improvements must be accomplished before construction of S.H. 114 begins.
Project Description: R.O. W. Acquisition at S.H. 114 and Dove St. *
Discussion: The city has committed to obtaining the additional R.O.W. required to build the
future intersection of Dove St. and S.H. 114. The estimated cost for the appraisals, property, etc.
is $1,500,000, which will be funded for the FY1997-98.
Project Description: Utility Relocation along S.H. 114*
Discussion: The city must relocate the existing utilities which are located in the S.H. 114
R.O.W. These utilities must be relocated prior to construction of S.H. 114. For the FY1997-98,
an estimated $269,600 will be required to relocate utilities before the first phase of construction
begins (Dove/S.H. 114 intersection).
MISCELLANEOUS PROJECTS
Project Description: Traffic Signal Lights on F.M. 1709*
Discussion: Recently, the city conducted a traffic signal warrant analysis along F.M. 1709. The
results warranted traffic signal lights at the intersections of Shady Oaks and F.M. 1709 and
Commerce and F.M. 1709. For the FY1997-98 CIP budget, $100,000 will be appropriated for
the signal lights at each of these intersections. The design is currently underway for these traffic
lights and installation should begin by July, 1998.
Project Description: Heritage Business Park Infrastructure Improvements*
Discussion: The city is committed, through the Developer's Agreement, to reimbursing the
developer for the oversizing of the water line along Kimball and the street improvements
constructed in the Heritage Business Park. These reimbursements are estimated to cost $85,000
and will be funded in the FY 1997-98 CIP budget.
Project Description: Keller Water Meter Purchases for Southlake Residents on Keller Water*
Discussion: The City of Keller currently provides water service for approximately 250
residents of the City of Southlake. In order to transfer these customers to Southlake water, the
city must purchase these water meters, water lines, etc. Therefore, the city proposes to transfer
residents in the coming fiscal years in phases. For the FY1997-98, the city is allotting $250,000
for the purchase of a number of meters. In the subsequent years, all residents of the City of
Southlake will be transferred to Southlake water.
* Designates a ne%c project
** Designates a re%ision to a previously proposedproject
24
City of Southlake, Texas
MEMORANDUM
February 26, 1998
TO: Curtis E. Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Renewal Contract with the Fort Worth Star -Telegram for Legal
Publications.
The current contract for the city's legal publication will expire the end of February, 1998. The
City first designated the Fort Worth Star -Telegram as the legal publication in 1988, as it was one
of the newspapers in the area that met the requirements of the City of Southlake Home Rule
Charter and the State Statutes. The Dallas Morning News also qualifies as a legal publication,
however, their rates are considerably higher. I received the attached bid from Betty Williams,
Inside Sales Manager for the Star -Telegram , informing me of the amended rates. The differences
in rates are as follows:
Legal notices will be published in the
daily or Saturday edition of the full
circulation at the rate of:
Legal notices published on Sunday will
be:
These compare to the regular rate of
Current rates New rates
$.79 per line, per day $ .81
$1.30 per line, per day $ 1.34
$4.90 per line, per day $ 5.24
Non -legal ads or legal notices not published in the classified section will be charged at the normal
published rates.
Employment ads or other display ads: $8.04 per line, per day $ 8.28
This compares to the regular rate of: $13.04 per line, per day $14.08
The City of Southlake has had a long standing contract with the Fort Worth -Star Telegram, with
little or no problems with the legal notices. The rates only apply if the City has a contract with
the Fort Worth Star -Telegram. Staff recommends that Council consider this renewal of the
con ct with the Fort Worth Star -Telegram.
/sl
M: \ W P-FILES\LEGAL-NO. MEM\sl
City of Southlake, Texas
RESOLUTION NO. 98-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE FORT WORTH STAR -TELEGRAM AS THE LEGAL
PUBLICATION FOR THE CITY; PROVIDING AN EFFECTIVE
DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the City Council hereby approves the Contract between the City of Southlake and
the Fort Worth Star -Telegram, to be the official newspaper of the City of Southlake, in
accordance with Section 12.05 of the City's Home Rule Charter. The contract is to be effective
for a period beginning on March 1, 1998 and continuing through February 28, 1999.
Section 2. That the City Council authorizes the City Manager to execute the contract.
Section 3. That this resolution shall be in full force and effect from and after its passage by the
City Council.
PASSED AND APPROVED THIS THE 3RD DAY OF MARCH, 1998.
ATTEST:
Sandra L. LeGrand
City Secretary
Mayor Rick Stacy
,217 ;L
City of Southlake, Texas
CONTRACT FOR OFFICIAL PUBLICATIONS
STATE OF TEXAS }
COUNTIES OF TARRANT }
AND DENTON
This Contract, dated as of March 1, 1998, is made and entered into by and between the
City of Southlake, Texas, (the "City") and the Fort Worth Star Telegram (the "Publisher").
WITNESSETH
WHEREAS, in accordance with Section 12.05 of the City's Home Rule Charter,
the City Council, as approved on March 1, 1998, has designed the Fort Worth Star -Telegram (the
"Newspaper") to be the official newspaper of the City. Such newspaper being of general
circulation in the City.
NOW, THEREFORE, for and in consideration of the mutual covenants,
promises the agreements herein contained and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the City and the Publisher do hereby agree as
follows:
I.
That the City will cause to be published in the Newspaper any ordinances, notices, and
other matters which are required to be published by the City's Charter, the ordinances of the City,
or the Constitution or laws of the State of Texas.
II.
That the City and the Publisher hereby agree that the rates to be paid by the City for the
City's official publication are as follows: Legal notices will be published in the daily or Saturday
edition of the full circulation Star -Telegram at the rate of $.81 per agate line, per day. Legal
notices to be published on Sunday will be $1.34 per agate line, per day. This compares to the
regular rate of $5.24 per line, per day for legal notices. Non -legal ads, or legal notices not
published in the classified section will be charged at the normal published rates. The Star -
Telegram will publish employment and other display ads in the classified section of the Star -
Telegram at a rate of $8.28 per agate line per day. This compares to the regular rate of $14.08
per line for Sunday employment ads. This special rate applies only if the Star -Telegram is chosen
to publish legals for the City of Southlake. A maximum of two affidavits of publication will be
furnished to the City of Southlake upon request, at no additional charge. Additional affidavits are
available for $20.00 each. Ads are to be set in agate type unless requested otherwise.
Y4-b
City of Southlake, Texas
Contract for Official Publications
Fort Worth Star Telegram
page two
This contract may be modified or amended at any time upon the written approval by both
the City and the Publisher. Any such amendment or modification shall be attached to and
incorporated into this Contract.
IV.
This Contract shall be in full force and effect until the 28th day of February, 1999, or its
earlier termination or cancellation by either the City or the Publisher upon thirty (30) days written
notice to the other party. Written notice shall be deemed given upon a party hereto three(3) days
following the deposit of such notice in the United States mail, postage prepaid and properly
addressed to such party as follows:
TO THE CITY:
City Manager
City of Southlake
1725 East Southlake Boulevard
Southlake, Texas 76092
TO THE PUBLISHER:
Director of Advertising
Fort Worth Star -Telegram
400 West Seventh Street
Fort Worth, Texas 76102
V.
That the persons affixing their signature on behalf of the City and the Publisher are duly
authorized and empowered to execute this contract.
CITY OF SOUTHLAKE, TEXAS
Curtis E. Hawk
City Manager
5f}-�
City of Southlake, Texas
Contract for Official Publication
Fort Worth Star Telegram
page three
ATTEST:
Sandra L. LeGrand
City Secretary
M:\WP-FILES\STAR-CON.SL
FORT WORTH STAR -TELEGRAM
Classified Advertising Manager
5f1-.�
��R NEWS HITS HOME
February 9, 1998
Sandra L. LeGrand
City Secretary
City of Southlake
667 North Carroll Avenue
Southlake, TX 76092
Dear Ms. LeGrand:
Fort Worth Star -Telegram
FEB 2 5
CITY
On behalf of the -Star -Telegram, I submit -herein, our bid to publish legal notices on behalf
of the City of Southlake for the period of March 1, 1998 through February 28, 1999.
Legal notices will be published in the daily or Saturday editions of the full circulation Star -
Telegram at the rate of $.81 per agate line, per day. Legal notices published on Sunday
will be $1.34 per agate line, per day. This compares to the regular rate of $5.24 per line,
per day for legal notices. Non -legal ads, or legal notices not published in the classified
section will be charged at the normal published rates.
We will publish employment and other display ads in the classified section of the Star -
Telegram at a rate of $8.28 per agate line per day. This compares to the regular rate of
$14.08 per line for Sunday employment ads. This special rate applies only if the Star -
Telegram is chosen to publish legal notices for the City of Southlake.
If necessary, a maximum of two affidavits of publication will be furnished to the City of
Southlake upon request, at no additional charge. Additional affidavits are available for
$20.00 each. Ads are to be set in agate type unless requested otherwise.
We are pleased to offer you the large circulation of the Star -Telegram at this low bid. We
look forward to having the opportunity to serve you as the official newspaper of record for
the City of Southlake the coming year.
Sincerely,
aztN Ltj1AG-_&'77�
Betty Williams
Qw Inside Sales Manager
400 West Seventh Street, P. O. Box 1`]8870, Fort Worth, Texas 76101 / 817 / 390-7400
V rT
00
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization to advertise for bids for a replacement mowing tractor
for Public Works, Streets/Drainage Division
BACKGROUND
During the 1997-98 Budget Process, Council approved the purchase of a replacement
mowing tractor for the public works streets/drainage division. This proposed tractor will
be utilized to maintain right-of-way within the City, replacing a tractor which receives a
great deal of wear and tear maintaining bar ditches.
While a contractor maintains much of the ROW, the City is often responsible for a large
portion of the ROW within the City. For example, last year's mowing contract was for a
smaller area and did not cover all ROW maintenance due to the high cost. Therefore, the
City was responsible for the maintenance of that ROW, including some State ROW.
The 1997-98 budget provides $16,000 for the purchase of a replacement mowing tractor.
The proposed tractor is a small, 40 horse -powered tractor.
RECOMMENDATION
Staff recommends Council authorize advertisement for bids for a replacement mowing
tractor for the Public Works, Streets/Drainage Division. Please place this item on the
March 3, 1998 Regular City Council Agenda for City Council review and consideration.
Attachment: Memo from Brad Payton, Streets/Drainage Superintendent
5B-1
r
City of Southlake, Texas
f . �/ Ili1►��
February 11, 1998
TO: Robert Whitehead, Director of Public Works
FROM: Brad Payton, Streets and Drainage Superintendent
SUBJECT: Authorization to Bid for Mowing Tractor
I am requesting authorization to bid for a mowing tractor. This item was approved in the Fiscal
ear/ 1 7-1998 budget year. The amount budgeted for the tractor is $16,000.
' BP/je
SB-2
RECEIVED
FEB 1 1 MS
DE" OF PUBU W=
City of Southlake, Texas
IMEMORANDUM
February 27, 1998
i TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
i
SUBJECT: Change Order No. 1 to the 24-inch water transmission line contract
from Pump Station No. 2 to the East Dove Street connection
providing for maintenance valves and additional rehabilitation to
street pavement
BACKGROUND
In the original bid for the 24-inch water transmission line from pump station no. 2,
located at T.W. King, to E. Dove St., two items were not included. These include
maintenance apparatus for valves and an additional 900 feet of road rehabilitation into
Denton County.
The valves that are in the original bid do not have the proper apparatus to maintain the
lines with the equipment the Water Utilities Division has. This was discovered after the
project was bid.
Tarrant County plans to rehabilitate N. White Chapel Blvd. from SH 114 to the Denton
County line. A portion of roadway north of that line will be disturbed due to the
installation of the proposed 24-inch transmission line. This change order includes the
rehabilitation of those portions in Denton County.
The amount of the change order is $14,820, making the total cost of the project $774,670.
This amount is less than $15,000 and can be approved by the City Manager. Since the
change order amount is near $15,000, staff recommends Council approval.
RECOMMENDATION
Staff recommends Council approve change order no. 1 to the 24-inch water transmission
line contract with Atkins Brothers Equipment Co., Inc. from Pump Station No. 2 to the
East Dove St. connection. Please place this item on the March 3, 1998 Regular City
Council Agenda for City Council review and consideration.
Attachments: Letter from Cheatham and Associates, dated February 9, 1998
Change Order No. 1
yet-,
CHEATHAM
AND
(40., ASSOCIATES
February 9, 1998
Mr. Shawn Poe
Capital Projects Coordinator
Public Works Department
Cite of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Re: Water System Improvements
24" Water Transmission Main From
Pumping Station No. 2To East Dove Street Connection
Change Order No. 1
Engineer's Project No. 001-526
Dear Mr. Poe:
FEB 101
Enclosed herewith please find Contract Change Order No. 1, which Change Order has been
executed by both the Contractor and the Engineer in six (6) counterparts for distribution, after
execution, by all parties as follows:
City of Southlake - 2 Executed Sets
Contractor (Atkins Bros.) - 2 Executed Sets
Engineer (Cheatham & Associates) - 2 Executed Sets
We trust the documents are now in order for execution by the City, however, should you require
anything further from us regarding this matter, please do not hesitate to call.
Sincerely,
Edwin A. Apel, P.E.
Project Engineer
F:\WORD\SOUTHLAK\526NItr.Poe.Chg.Orderl.wpd
w/Enclosures- 6 Sets of Contract Change Order No. 1
ENGINEERS *PLANNERS *SURVEYORS
A Subsidiary Firm of Sc rest Planning and Design, Inc.
1601 E. Lamar Blvd. - ! 5a2200 - Arlington, Texas 76011
817/548-0696 - Metru cuj-8836 - Fax 817/265-8532
No. 1
CHANGE ORDER
Dated: 1 /28/98
OWNER's Project No. N/A ENGINEER's Project No. 001-526
Project 24" Water Transmission Main from Pumping Station No 2 to E. Dove St Connection
OWNER Citv of Southlake
Contract For. $759,850.00 Contract Date: December l 1. 1997
To: Atkins Bros. Equipment Co.. Inc.
Contractor
You are directed to make the changes noted below in the subject Contract:
City of Southlake
Owner
By _
Dated
Nature of the Changes: See Detailed Descriptions of Exhibit "A" (Attached).
Enclosures: Exhibit "A"
1998
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order S 759,850.00
Net Increase Resulting from This Change Order $ 14,820.00
Current Contract Price Including This Change Order $ 774.670.00
NSPE-ASCE 1910-8-B (1978 Edition)
Page 1 of 2
5D-3
Contract Time Prior to This Change 180 Calendar Days
(Days or Date)
Net (Increase) Resulting from This Change Order 30 Calendar Days
(Days)
Current Contract Time Including This Change Order 210 Calendar Days
(Days or Date)
The Above Changes Are Approved: Cheatham And Associates
Engineer
By
Date 2, 1998
The Above Changes Are Accepted: Atkins Bros. Equipment o. Inc.
Contractor
By
2-
Date , 1998
Page 2 of 2
5D--4
Qe EXHIBIT "A"
ON
ATTACHMENT TO
CONTRACT CHANGE ORDER NO. 1
for
24" WATER TRANSMISSION MAIN FROM
PUMPING STATION NO. 2 TO E. DOVE ST. CONNECTION
Engineer's Project No. 001-526
ADDITIONAL COST OF 24" GATE VALVES:
For furnishing and installing 24" diameter double disc gate valves, all
equipped with "bevel gears"
5 Each - Equipping 24" Gate Valves w/Bevel Gears @ $1,500.00/Ea ........ S7,500.00
(Add to Unit Prices Bid)
II. PAVEMENT REPLACEMENT IN DENTON COUNTY
For furnishing and installing 4" thickness (compacted to 95% std. proctor
density) HMAC, Type "D" pavement replacement, including full depth saw -cuts
on each side for full width of trench, all in Denton County, beginning at
(approximate) sta. 63+80.
915 L.F. @ S8.00/L.F...................................... S7,320.00
TOTAL COST OF CHANGE ORDER .......................... $14,820.00
5D-5
City of Southlake, Texas
MEMORANDUM
February 27, 1998
I
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Commercial Developer Agreement for The Courtyard at Timarron, Located
at the Southeast Corner of the Intersection of South White Chapel Boulevard
and East Continental Boulevard
BACKGROUND
Attached is the Commercial Developer Agreement for The Courtyard at Timarron. The usual
conditions for the cash escrow, letters of credit, performance bond or payment bond are included
in this agreement. This is a standard Developer Agreement.
I. INFRASTRUCTURE
The only infrastructure to be constructed for this project consists of a sanitary sewer
extension and water line extension. The water line extension is primarily to provide fire
protection.
II. PARK FEE
This property was final platted on June 20, 1995; therefore, the Developer is not required
to meet with the Park Board and is to be assessed a Park Fee of $5 00 per acre for a total of
$2,425 (4.85 acres at $500 per acre).
RECOMMENDATION
Staff's recommendation is to place The Courtyard at Timarron Commercial Developer Agreement
on the Regular City Council Meeting Agenda for March 3, 1998, for City Council review and
Attachments: Developer Agreement
Plat Exhibit
M.IWP-FILESCOMMERCRTIMARROMCOURT-Y\DA-MEM. WPD
5D-1
r... THE COURTYARD AT TIMARRON
LOT 2 HALL MEDLIN NO. 1038 ADDITION
COMMERCIAL DEVELOPER AGREEMENT 02/27/98
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 The Courtyard at
Timarron, Lot 2 Hall Medlin No. 1038 Addition, hereinafter referred to "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 Courtyard at Timarron, Lot 2 Hall Medlin No. 1038 Addition (a
commercial development) and to the off -site improvements necessary to support the subdivision.
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
'r all of 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 subdivision 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 should be approved 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 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 acceptance of the subdivision. The maintenance bonds, letter of credit or cash
escrow will be supplied to the City by the contractors performing the work, and
5D-2
the City will be named as the beneficiary if the contractors fail to perform any
required maintenance.
D. It is further agreed and understood by the parties hereto that upon acceptance by
City, title to all facilities and improvements mentioned hereinabove, which are
intended to be public facilities, shall be vested in the City of Southlake, and
Developer 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, 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 City, through its City Manager or his duly
appointed representative, provides Developer with a written acknowledgment 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 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;
f. All gradation tests required to insure proper cement and/or lime
stabilization.
5D-3
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
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 accepted 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 subdivision 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 subdivision 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 for the City 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 of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
The Developer agrees to fully comply with the terms and conditions of all other
applicable development regulations and ordinances of the City of Southlake.
The Developer agrees that the completed project will be constructed in
conformance with the Development Site Plan, Construction Plans and other permits
or regulatory authorizations granted by the City during the development review
process.
5D-4
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the final plat of Lot 2 Hall Medlin No. 1038 Addition to the City of Southlake.
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 of
Southlake 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 City Engineer, the City,
and made part of the final plat as approved by the City Council. 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.
C. STREETS: (if applicable)
If applicable, the street construction in The Courtyard at Timarron, Lot 2 Hall
Medlin No. 1038 Addition, commercial development of the City of Southlake
Addition shall conform to the requirements in Ordinance No. 217. Streets will be
installed in accordance with plans and specifications to be prepared by the
Developer's engineer and released by the City Engineer.
2. The Developer will be responsible for: a) Installation and two year
operation of street lights; b) Installation of all street signs designating the
names of the streets inside the subdivision, 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 by the Manual on Uniform Traffic
5D-5
Control Devices and as directed by an engineering study performed by the
Director of Public Works.
3. All street improvements will be subject to inspection and approval by the
City of Southlake. 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 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 change 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 sewerage collection facilities to
service lots as shown on the final plat of Lot 2 Hall Medlin No. 1038 Addition to
the City of Southlake. 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.
E. EROSION CONTROL:
During construction of the subdivision 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 subdivision. 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
5D-6
within 72 hours, the City may cause the soil to be removed either by contract or
City forces and place the soil within the subdivision at the contractor's expense.
All fees owed to the City will be collected prior to acceptance of the subdivision.
F. AMENITIES:
It understood by and between the City and Developer that the The Village at
Timarron, Phase I 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.
G. 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 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 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 submitted to the City in the
name of the City prior to the commencement of any work.
2. At least five (5) sets of construction plans stamped "Released for
Construction" by the City Engineer.
3. All fees required by the City to be paid to the City.
4. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance.
5D-7
5. A Pre -Construction Meeting to be held with all Contractors, major Sub -
Contractors, Utilities and appropriate Government Agencies.
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 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, OCCUPYANCY, 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 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.
C. Approval by the City Engineer 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
City Engineer signifies the City's approval on only the general design concept of
5D-8
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 Southlake 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 bought 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 thereof 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 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.
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 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.
5D-9
IV. OTHER ISSUES:
A. OFF -SITE DRAINAGE:
Not Applicable
B. OFF -SITE SEWER:
Not Applicable
C. OFF -SITE WATER:
Not Applicable
D. PARK FEES:
The developer agrees to pay the Park Fee $500 per acre, in accordance with the
Subdivision Ordinance No. 483, Section 7.0. There are approximately 4.85 acres
in The Courtyard at Timarron, Lot 2 Hall Medlin No. 1038 Addition which would
bring the total cost of Park Fee to $2,425.
E. TREE PRESERVATION ORDINANCE:
All construction activities shall meet the requirements of the Tree Preservation
Ordinance No. 585.
SIGNED AND EFFECTIVE on the date last set forth below.
Developer:
By:
Title:
Address:
Date:
5D-10
ATTEST:
Notary Public
Type or Print Notary Name
My Commission Expires
Date
CITY OF SOUTHLAKE, TEXAS
LI-A
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
5D-11
`%�
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C 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 L of C must be issued by an 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 L of C 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 L of C 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 L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days
prior to the expiration date on the L of C held by the City.
M:\WP.FILES\COMMERCI\TrMARRON\COURT.YkDEV-AGR.WPD
5D-12
31
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City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Acting Parks and Recreation Director
SUBJECT: Award of bid to Paveway Concrete Products, Inc. for fencing at Bicentennial
Park water tower
As you recall, when the City Council considered granting a lease agreement to the
telecommunication companies desiring to place antennas on the Bicentennial Park water tower,
there was discussion with them concerning their participation in screening landscaping and
fencing. Park staff developed a fencing plan and City Council authorized staff to advertise for
bids for fencing at their December 16, 1997 meeting.
We have received bids for the fencing and recommend the low bidder, Paveway Concrete
Products, Inc. at a bid price of $49.50 per linear foot. The only other bidder, Superior Concrete
Fence, Inc. quoted a price of $56.00 per linear foot.
The plans for fencing, which City Council reviewed at their December 16, 1997 meeting, are for
300' of fence around the ground water tank, and an additional 50' of fence for the south and west
side of Sprint's equipment by the elevated water tank. The total cost for fencing will be $17,325.
This cost will be shared among the three telecommunication companies leasing space on the water
tower -- Sprint, Primeco, and Nextel. Nextel and Primeco will each pay $4,950. Sprint will pay
$7,425, since the additional 50' of fencing is specifically for their equipment. Attached is a letter
agreement from Nextel. Sprint verbally agreed, but has not returned a signed copy as of yet.
Primeco is studying the proposal and we expect to hear from them on Monday. Note that there
will be no cost to the City.
The fencing will be constructed of a stone molded, prefabricated concrete wall, similar in
construction type to that used at the Pearson Lane ground water storage tank. Landscaping plans
are still being developed, but staff does not expect the additional landscaping to exceed a total cost
of $5,000.
Please place this item on the March 3, 1998 City Council agenda for their consideration. If you
have any further questions, please feel free to contact me.
wL/
l"
Attachment: Bid tabulation sheet
Drawing of Proposed Fence Improvements
Letter agreement with Paveway Concrete Products, Inc.
Letter agreement between City of Southlake and Nextel
E7f`
A
Bid Tabulation Sheet
for
Fence at Bicentennial Park Water Tower
Wednesday, January 28,1998
10:00 a.m. @ City Hall
667 North Carroll Avenue
Southlake, Texas
Contractors
Bid Bond
Total Bid
Paveway Construction, Inc.
None
Required
$49.50 per linear foot
TOTAL: $17,325.00
Superior Concrete Fences, Inc
Submitted --
but not reqd.
$56.00 per linear foot
TOTAL: $19,600.00
Attendees: Ben Henry, Park Planning and Construction Superintendent
Sandy LeGrand, City Secretary
Todd Sternfield, Representative from Superior Concrete
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PAVEWAY
NUXP s INC.
BOX 823 • BEDFORD, TEXAS 76095
METRO (817) 4*9450 4/a 1.30 yo
Date: 2/16/98
To: Ben Henry (City of Southlake)
From: John Cannaday
Subject: Bicentennial Park Improvements
Memo: 8 ft. Stone Molded Prefabricated Concrete Wall System
Dear Mr. Ben Henry,
Thank you for the opportunity to allow us to install the
concrete wall system at Bicentennial Park. The specifics are
as follows: The Concrete Wall is approximately 350 Linear
ft. at $49.50 per LN. ft. This price per LN. ft. includes
all equipment, labor and supplies necessary to accomplish the
assigned task. The total for this project will be $17,325.
Paveway will provide proof of Insurance indicating the
City of Southlake as additional insured.
We appreciate your time and look forward to doing
business with you in the near future.
Approved:
Ben Henry
5E-Y
Sincerely,
eoh ;Cannaday
FEB-27-199e 09_41 NEXTEL OF TEXAS
2146301426 P.02,,M
P.OZ
City of Southlake
• Administrative offices
Febmary 26, 1998
Mr. Ken Pickle
Maya.
A�°`` 5�`t'
Nextel
858S N. Sammons Freeway
Mayor Pre Tom:
Smah Tower, 101h Floor
W. nwph ev"'s
Dallas, Texas 75247
0" wya Pro Town.
04%4 A. Ham_
Dcar Mr. Pickle:
Co1x+e�tm.rnbas:
warns rCHW
Marnela �. u,rw. �
- Mu
As per ow' telephone cnnversation of Thutsda I I�eb
Y. �xY 26, this letter i.� to
Gary Fawks
Soon
ctmfirttd NCXICI's Participation in fencing for tiro ljiccnrennial Paris water tower.
F IManin
As we discussed, this fi: ncing. along with exis � and planned
P Pmg. will
QN Mwa9a:
serve as screeningfor our
Y cgnipment. 'The fend is cot>,isteix with the masncr
plan for the park and will be As shown on the
aQaclied drawing.
,sslstant Gty Manager:
Shama X. v°'
landscaping plans have not been finalized yet, but staff sloes t1Ut CxPcct
""`°"
cost of additio wl landscaping to exceed S5,000. ro be shamd equal) tongft
:sty Secretary:
less:es.
Sana►3 t . t ecww 1
We have received bids for the fence and intend to award the contract to the low
bidder at a cost of $49.50 per linear fm. The fence enclosure is 300 feet:
therefore the total cost will be S14,850, the cost of which will be shared equally
among the three telecOlnmuoicadons companies 1es4 space on the tower. As
such, your st>atC of the cost for the fence will he $4,950.
Please indicate your auxptance of this amount by signing below and returning zn
me
as slum as possible. The City Council will consider awarding the contract ar
their regular meeting on Tuesday, March 3, 299l;.
Please do not hesinue to call
me at (917) 481-5581, extension 710 if you have any additional
questions.
Sincerely,
Kevin Hugman
Acting Pdrk.i a,
ACCEPTED:
DATF.: 4zwns
1725 EastSouthlaCk�ee81vd. Southlake, Texas 76092
(81! 7) 481-5581 • FAX (817) 329-1747
FEE-26—IcAR 1'7:ZS 'AN COVALOrrtJ, PUmryGtlALOrHr-
TOTAL P.02
sE
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 98-15, Supporting the actions taken by the Tarrant
Appraisal District Board of Directors.
Mayor Rick Stacy received the attached information from the Tarrant Appraisal District Board
of Directors, asking the City Council for their support of actions taken by the Directors in
acquiring property and construction of an office facility for district operations.
Please let us know if you have questions.
A
5-F-1
City of Southlake, Texas
RESOLUTION NO. 98-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, SUPPORTING THE ACTIONS TAKEN
BY THE TARRANT APPRAISAL DISTRICT BOARD OF
DIRECTORS TO ACQUIRE PROPERTY AND CONSTRUCT AN
OFFICE FACILITY FOR DISTRICT OPERATIONS.
WHEREAS, the City of Southlake, a taxing unit in the Tarrant Appraisal District that
is entitled to vote on the election of the Board of Directors, has received a resolution in
accordance with the Property Tax Code, Section 6.051 from the Tarrant Appraisal District Board
of Directors; and,
WHEREAS, the resolution passed by the Board of Directors proposes the purchase of real
property and construction of an office facility for Tarrant Appraisal District; and,
WHEREAS, the Board of Directors has the responsibility to establish the appraisal district
office and is seeking approval of this proposal by the adoption of a supporting resolution; and,
WHEREAS, the Board of Directors and staff have supplied the taxing units with cost
estimates, alternatives, and other related information; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAYE, TEXAS, THAT:
Section 1. The proposal of the Tarrant Appraisal District Board of Directors to acquire property
and construct an office facility for District operations is approved.
PASSED AND APPROVED THIS THE 3RD DAY OF MARCH, 1998
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
Mayor Rick Stacy
cJ ` -;t
Board of Directors
Mr. Joe Potthoff
Chairman
Mr. Tonuny Vaughn
Secretary
Mr. Mike Davis
Mr. Gene Miers
Mr. Charles Rogers
Mrs. June Garrison
Executive Director
Chief Appraiser
John R. Marshall
FEB 1 8 1997
TARRANT APPRAISAL DISTRICT
' ±;
2315 Gravel Road • Fort Worth, Texas 76118-6982 • (817) 284-0024 ' 1L
February 13, 1998
Mr. Rick Stacy
Mayor
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Dear Mr. Stacy:
OF
��X . �e, �L
As you may be aware, the lease on our present Tarrant Appraisal District
headquarters building expires December 31, 1998. Because of this, our TAD Board and
staff have been exploring and evaluating a variety of options over the past several months.
After thoroughly examining extending our current lease, leasing other office space and
buildings, and constructing a new facility, our Board concluded that constructing a new
facility yields the best solution. While discussed in greater detail in the enclosed
informational packet, the Board's new construction recommendation provides these
benefits:
• Fixed annual lease (actually debt service) payments for the next 15 years, thereby
avoiding the periodic escalation normally experienced in standard lease
arrangements. Projected costs are somewhat lower than current costs.
• After the 15-year pay out is completed, lease/debt service payments will be
eliminated altogether, further reducing TAD operating costs. Although not an
important consideration in public facilities, there would be an equity buildup over
the years.
• The layout of the proposed new building will permit better space utilization and
work flows, with those efficiencies benefiting both our public entity and citizen
customers. Also, the new structure would be more energy efficient.
• TAD's tax exempt status affords low cost financing (especially at this time) and
tax free ownership, saving additional future costs.
Pursuant to Section 6.051 of the Property Tax Code, our TAD Board of Directors
(llliiW has adopted a resolution (a copy is included in the informational packet) proposing
construction of a new facility and seeking your governing body's approval of that
CO-3
Letter to Taxing Units
February 13, 1998
Page 2
proposal. That same section of the code states that "three -fourths of the taxing units
entitled to vote on the appointment of board members" must approve of "the construction
or conveyance of a building" by an appraisal district. Timing is an important factor.
According to the code, on or before the 30th day after the date the presiding officer
receives notice of the proposal, the taxing unit governing body may (by resolution)
approve or disapprove the proposal. If a taxing unit either fails to act within the 30 day
timeframe or fails to file its resolution with the chief appraiser before the 10th day after the
30th day, that inaction has the effect of disapproving the proposal.
With this letter, we are formally notifying you -of TAD's proposed action and
asking that it be considered on your next agenda. To assist with this, a sample taxing unit
resolution, pertinent Property Tax Code excerpts, building/site selection criteria, an
alternatives list, a project description, project cost/funding estimates, and other important
information can be found in the enclosed informational packet.
Our Board and staff are available to answer questions before your meeting and, if
desired, during the meeting. Please let us know if we can be of service in these regards.
(6w We urge your approval of our proposal and appreciate your interest in and support of the
Tarrant Appraisal District.
Sincerely,
John R. Marshall
Executive Director
Chief Appraiser
JRM: mm
Encl.
cc: City Managers
Tarrant Appraisal District
Supporting Documents
for
Construction of a New Office Facility
6T -'
Statutory Authori
ty
Sec. 6.051 of the Property Tax Code grants to appraisal districts the authority
to purchase, renovate or construct office buildings. However, any proposed
purchase, renovation or construction must be approved by the taxing jurisdictions.
Below is an excerpt from Sec. 6.051, with the critical requirements underlined -
Sec. 6.051. Ownership or Lease of Real Property
(a) The board of directors of an appraisal district may purchase or lease real
property and may construct improvements as necessary to establish and operate the
appraisal office or a branch office.
(b) The acquisition or conveyance of real property or the construction or
renovation of a building or other improvement by an appraisal district must be
approved by the governing bodies of three -fourths of the taxing units entitled to vote
on the ayaointment of board members. The board of directors by resolution may
propose a property transaction or other action for which this subsection requires
approval of the taxing units. The chief appraiser shall notify the presiding officer of
each governing body entitled to vote on the approval of the proposal by delivering a
copy of the board's resolution, together with information showing the costs of other
available alternatives to the proposal. On or before the 30th day after the date the
presiding officer receives notice of the proposal, the governing body of a taxing unit
by resolution may approve or disapprove the proposal. If a governing body fans to
act on or before that 30th day or fails to file its resolution with the chief appraiser on
or before the 10th day after that 30th day, the proposal is treated as if it were
disapproved bye governing body.
517--6
(W RESOLUTION
WHEREAS, the Board of Directors of the Tarrant Appraisal District has the
authority and responsibility to establish an appraisal district office; and
WHEREAS, the Property Tax Code Section 6.051 allows for the purchase of real
property and construction of improvements upon consideration of alternatives, the
adoption of a resolution and positive action by three -fourths of the governing bodies
entitled to vote on the appointment of board members; and
WHEREAS, the Board of Directors, through the staff, has researched the needs of
the taxing entities, taxpayers and staff, and determined that land should be
purchased and a building constructed for a price of approximately $3,167,850 upon
the terms and conditions set forth in Exhibit A attached hereto; and
WHEREAS, the Board of Directors has authorized the Chief Appraiser to provide
to the governing bodies considering this proposal a sample resolution for their
consideration and information to make an informed decision; to request that the
governing body act within the thirty (30) day timeframe allowed by the Property Tax
Code and approve the resolution; and to engage professional services as necessary
to carryout the purchase and construction proposed herein;
NOW, therefore, be it resolved that the Tarrant Appraisal District Board of
Directors has determined that the purchase of real property and the construction of a
building is necessary and prudent and the governing bodies are encouraged to adopt
the authorized resolution within the time allowed.
Attest:
(aw SecretaCp U_
,ff-7
M). - WN.,
i1S�.�Lsi.
Exhibit A
Land Purchase, Construction and Financing Terms
Summary
Purchase and Construction Terms
Property: Approximately 4.5 acres at the southeast corner of
Handley-Ederville and Sand Street, Fort Worth.
See enclosed map.
Seller: Robledo, Inc.,
Jim Paulos, President
Dallas, Texas
Saks Price: Estimated price, $304,881 or $1.55 per sq. ft.
based on actual survey. The sales contract
(taw contains a ninety (90) day feasibility period during
which the contract may be terminated with no
further obligation.
Construction Plans: Architects hired by Tarrant Appraisal District are
currently working on construction documents.
Pursuant to public bid laws, construction bids will
be advertised and received from qualified general
contractors. A payment and performance bond
will be required. Plans call for a tilt wall
office- type construction with an alternate bid for
limited brick veneer exterior finishes.
Construction Timeframe: Depending on the actions of the taxing entities, if
the construction is approved, the approximate
completion date would be December 31,1998.
District's Obligations: If the taxing entities reject TAD's proposal,
approximately $75,000 will be owed for project
related professional services.
5F-r
31
Financine Terms
Leader/Lessor:
Structure:
Principal Amount:
LaSalle National Bank, Chicago, or another
acceptable lender
Tax exempt leaseAease back transaction or
another structure acceptable to TAD
Projected at $3,100,000
Term: Fifteen (15) years with interest only and principal
and interest payments in 1999, and semi-annual
payments of $158,812 thereafter
Interest Rate: Current quoted rate is 5.36%. Rates may change
depending on date of loan closing. A not to
exceed rate of 6.17% has been quoted through
December 31, 1998
Prepayment: The loan may be prepaid after the initial 7.5 years
with a two percent penalty payment applied to the
then remaining principal balance
Otber Costs: Costs associated with the relocation to a new
facility are estimated to be $1972365. These costs
have been budgeted in TAD's 1998 budget and will
be paid from those resources
J-
N
Office Site Criteria
Tarrant Appraisal District
In investigating office space for Tarrant Appraisal District, the staff and
Board of Directors consider the following important in office location:
1. Population and Geographic Center of County -- The population center
of Tarrant County is located in the general area of IH30 and Loop 820. The
geographic center of the county is located near the intersection of SH121 and
N. Beach Street.
2. Access -- Ease of access from major highways is important.
3. Adequate Parking -- Free parking for a minimum of 250 vehicles is
desirable. This would include visitors, employees, and Appraisal Review
Board members.
4. Competitive Total Cost -- Space at a reasonable price for the location,
land area, quality and appearance. Costs also would include energy
efficiency of structure, maintenance and insurance.
5. Functional and Efficient Layout -- The space should provide greatest
efficiency with the least amount of wasted space. A single story design is
desirable, if possible.
6. Adequate Contiguous Space -- Usable office space requirements for
TAD operation at one location range from 42,000 to 46,000 square feet,
depending on design, with possible room for expansion.
:j
ExistingBuildings Meeting Part of the Site Selection Criteria
� g
1. 2315 Gravel Road (Current Location) Mapsco 66E
The current site meets most of the criteria for a good location. The age and
inefficient design, energy inefficiency, and rent rate seem to warrant looking
at other options.
See proforma for current and proposed rates.
2. 301 N.E. Loop 820, Mapsco 52X
Morrow I and 11
Only 16,000 sq.ft. available, inadequate parking, located on one way service
road with somewhat difficult access and multi story design. $14.00 gross per
sq. ft. rent quoted.
3 1301 W. Pipeline, Hurst, Mapsco 52
Former Best Buy/MJ Design Building
This currently vacant structure has been scheduled for remodeling to retail
space with the additions to Northeast Mall on the north side of Pipeline Road.
Owner did not want to pursue rental at office rates.
4. 5328 E. Lancaster, Mapsco 79K
Former K-Mart Building
Cost to remodel and ease of access a concern. Stated price $695,000 as is.
5. 7124 Belton, Mapsco 65H
Former Bell Helicopter Research Structure
The location and design of building is a concern. Owner states he would
remodel for $7.35 to $8.75 net, depending on actual costs.
There are other existing buildings with vacant space, but did not meet the
location criteria or other criteria.
0.1 /
A
31
Band to Suit
New Construction for Lease
As part of TAD's effort to explore all alternatives to present to the Board and
taxing entities, proposals were received from two landowners who were willing to
construct buildings. Both proposals were for sites on Handley-Ederville near the
present location and would propose to construct a facility to TAD's specifications to
lease for a 10-12 year period.
Costs for triple net leases ranged from $7.00 to $7.50 for the first part of the
lease increasing to $7.70 and $8.80 per square foot for the last half of the lease
term. Taxes, maintenance, insurance -and other costs to be paid by TAD increased -
the rents to $12.18 to $12.90 per square foot
These proposals are still available, but because of the higher costs, are not
currently being considered as a viable option.
tf'T- /L
PRIMARY ALTERNATIVE COMPARISONS
After thoroughly reviewing and analyzing the available alternatives, two
primary alternatives emerged -- an extended lease of TAD's current headquarters
building and construction (with eventual TAD ownership) of a new facility. More
information about each of these alternatives is provided below.
Extended Lease
When compared with other office lease rates, the rates being charged to TAD
for its headquarters space are competitive. Since the building was originally
designed and constructed as an- officelshowroom/warehouse facility and because it
basically retains that character, however, such rates do not entirely comport with its
rental class. The entire space was, as much as feasible, finished out for office usage
when TAD initially occupied it 11 years ago. Even with that, the building's 90-foot
depth by 457-foot width is inefficient, with considerable space being lost to long
hallways, large mechanical rooms, and poorly configured spaces for TAD's
purposes. These spatial shortcomings have been compounded by energy inefficient
(W and operationally costly HVAC equipment installed when the building was
constructed. While not an optimum office building, the Gravel Road location has
provided an adequate home for TAD for some time.
Based on a proposal provided by the current landlord, TAD could continue to
occupy its present facilities for five more years at $7.26 per square foot and for
another five years for $7.76 per square foot. Additionally, if the landlord was
allowed to remove the carpet requirement from the maintenance section of the lease
agreement and install new carpeting over a four-year period, the lease rate for the
first two years of the extended lease would be reduced to $7.00 per square foot
New Construction/Ownership
This alternative overcomes the functional, spatial, and operating cost
deficiencies TAD's existing facilities present. Fewer hallways, better designed and
arranged spaces, and more efficient roof -mounted package HVAC units are all
favorable aspects of the proposed new office building. The biggest advantage,
however, is the stable annual lease -purchase cost accompanied by equity buildup
and eventual ownership. Currently low interest rates offer an attractive opportunity
to build and own an affordable, utilitarian, and permanent home for TAD.
5P -)
M
Using a tax-exempt lease/lease-back financing structure, average annual lease
payments equate to $6.69 per square foot Rather than being subject to the periodic
rate increases common to most standard lease arrangements, payments under this
alternative would be set for the 15-year term of the financing. After eight years of
payments, TAD would (based on 1998 dollars) have a $1,341,470 equity interest in
the building. With the final payment in the 15" year, TAD (and the taxing
ju nsdictions which support TAD) would be fi-ee of the $3072675 annual payments.
At the same time, TAD would become the lien -free owner of the land and building.
A "Present Vs Future Cost Comparison" spreadsheet follows on the next
page. It provides information which compares current lease (which expires
December -312 1998), - proposed new Extended --Aease, ---and _ new .
construction/ownership (lease/lease-back) costs. Along with the level payment,
equity buildup, and debt -free ownership advantages mentioned above, the
recommended alternative has ongoing cost benefits, with average annual expenses
and per square foot costs falling below the extended lease option.
TARRANT APPRAISAL DISTRICT
PRESENT VS FUTURE COST COMPARISON
Present
PresentI
Proposed
!
Location
1
Location
i
New Facility
Costs
I
New Lease 1
Lease/Lease-
Thru 1998 I
Proposal
Back
Building Square Footage (all office spaces)
45,015
43,800
I
46,000
I
I
Estimated New Facility Costs:
Property acquisition
Professional services
►
$ 310,550
$ 126,200
Construction
$-2,729,500
Other/miscellaneous
$ 1,600
Total Capital Costs:
$ 3,167,850
Average Annual Debt Service:
1
i
($3,100,000 for 15 years at 5.36%)
I
$ 307,675
Lease rate per sf:
I
Present (headquarters space)
Years 1-5
$ 7.32
$ 7.26
$ 6.69
Years 6-10
$ 7.76
$ 6.69
Years 11 -15
$ ????
$ 6.69
Years 16 +
$ ????
$ zero
I
Lease amount - current/average annual:
$ 300,852
$ 328,938
! $ 307,675
Utilities @ $2.08 sf
Utilities @ $1.90 sf
i $ 85,488
I
' $ 91,104
1
1 1 $ 87,400
Taxes/insurance over base year
Maintenance
$ 9,500
$ 9,500
$ 16,100
Landscapingfwatering
Insurance
$ 5,000
$ 6,900
East Office expense
$ 19,884
West Office expense
$ 13,641
Total 1998 Costs
$ 429,365
Average Expense Per Year
$ 429,542
$ 423,075
Average Cost Per Square Foot:
9.81
; 9.20
(Inflation factors not included)
Revised 2/11/98
THE PROPOSED NEW FACILITY
The Location
While other acceptable sites are still being reviewed and considered, TAD
attentions are presently focused on an approximate 4.5-acre site located on the
southeast corner of the intersection of Handley-Ederville Road and Sand Street in
Fort Worth. The property is currently owned by Robledo, Inc., a Dallas firm which
acquired the land two years ago for the now abandoned purpose of constructing a
company facility -
The site consists of three lots (4, 5, and 6) of block 10 of the Newell and
Newell Business Park. A map depicting the locations of this site and TAD's existing
leased building is included in this attachment.
TAD has a non -binding option for $304,88 or $1.55 per square foot to
purchase the Handley-Ederville/Sand Street site. The 90-day option provides ample
time to conduct soils tests and environmental audits, perform surveys, and complete
other tasks as pre -conditions to proceeding with closing on the purchase of the
property. Within the 90-day timeframe, the option can be canceled without penalty
or added expense.
The New Building
The proposed tilt -wall structure will contain approximately 46,000 square feet
with an adjoining parking lot providing 250 spaces. A preliminary site and floor plan
is included herein. In accord with state bid laws, bids will be publicly advertised and
opened, with the bid being awarded to the lowest responsible bidder meeting bid
specifications, performance and payment bond requirements, and other bid and
contract obligations. An alternative bid might also be considered, subject to cost and
budgetary constraints, to allow for brick veneer construction.
The Costs and Resources
As detailed on the attached "New Facility Cost/Resource Estimates" sheet,
the estimated overall cost of the proposed project is $3,365,215.Of that amount, the
largest dollar amounts are designated for construction ($2,729,500), property
acquisition ($310,550), and one-time moving /re -installation costs ($197,365).
J�C- &
The project will be fimded from two sources from monies
Pr l P�� � already
provided in TAD's approved 1998 budget and from a lease/lease-back financing
arrangement. The bulk of the $230,000 in budgeted TAD fiords will be used to pay
moving/re-installation and probably small portions of the property acquisition and
professional services costs. The remaining project costs will be paid from loan
proceeds and escrow fund interest earnings.
Financing
Of the $3,365,215 overall project cost, $3,100,000 is anticipated to be funded
through use of the proceeds from a tax-exempt lease/lease-back or lease -purchase
transaction. Area representatives of LaSalle National Bank of Chicago, Illinois, and
its LaSalle National Leasing Corporation have proposed this financing structure:
• 15-year term
• Currently quoted 5.36% interest rate, subject to change prior to closing. In no
case will the rate exceed 6.17% if acted upon by or before December 31,1998
• Principal amount is $3,100,000
• Semi-annual payments, with the first payment of $168,387 being due in
March, 1999 followed by 28 payments of $158,812 thereafter
• Loan prepayment may occur after the initial 7.5 years with a two percent
penalty payment being applied to the remaining principal balance
• A 50-year lease (with LaSalle Bank as the lessee) of the real estate upon
which the facility is built will secure the loan. Upon full payment of the loan
(whether prepaid or paid off in 15 years), the lender's interest in both the land
and building will expire
The financing structure outlined above is a legally viable alternative to other
more commonly used public financing measures. Under state law, appraisal districts
are unable to issue bonds, certificates of obligation, or other debt instruments.
LaSalle National Bank has, or is in the process of financing several appraisal
district buildings elsewhere in Texas. In addition to LaSalle, financing proposals are
being solicited from other interested financial institutions and firms.
0-17
1
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6�t -19
TARRANT APPRAISAL DISTRICT
NEW FACILITY COST/RESOURCE ESTIMATES
ITEM
ESTIMATES
CAPITAL COSTS
Property Acquisition
Site appraisal
$
3,000
Site option
$
50
Site environmental audit
$
2,500
Site acquisition
$
305,000
Total Property Costs =
$
310,550
Professional Services
Architectural
$
120,000
Legal
$
3,500
Soils testing
$
1,500
Materials testing
$
1,200
Total Professional Services
Costs =
$
126,200
Construction —,
Facility construction/related costs
including site work, 46,000 sq. ft. tilt -wall
bldg., off-street parking, utilities, permits,
landscaping, bonding, etc.)
$
2,729,500
Total Construction Costs=
$
2,729,500
Other/Miscellaneous
Advertising
$
1,200
Recording fees
$
400
Total Other/Miscellaneous =
$
1,600
TOTAL CAPITAL COSTS
ONE-TIME MOVING COSTS
Movin re -installation
Fumiture/fixtures
$
40,000
Computer/copier equipment
$
18,000
Security system
$
58,000
Communications wiring/cables
$
48,865
Fire suppressant system
$
10,000
Telephone system
$
15,500
Phone trunk line
$
7,000
TOTAL ONE-TIME MOVING COSTS
GRAND TOTAL CAPITAL/MOVING COSTS
RESOURCES AVAILABLE
1998 TAD Budget
Architectural fees
$
80,000
Moving expenses
$
100,000
Contingencies
$
75,000
TOTAL BUDGETED FUNDS
Financing
Bank loan
$
3,100,000
Escrow Fund interest
$
35,215
TOTAL FINANCING FUNDS
GRAND TOTAL RESOURCES
$ 3,167,850
$ 197,365
$ 3,365,215
$ 230,000
$ 3,135,215
$ 3,365,215
Schedule
Office Spice Proposal
February 13, 1998
Board of Directors' Resolution
Request for EnW Approval
Fekuary 18
Distribution to Taxing Entities Information
and Sample Resolution
March 20
Deadline for Governing Body Action on
Resolution
March 30
Deadline for Receipt of Resolutions by
Appraisal District
April 15
Construction Plans and Documents Complete
Notice to Bid Advertised
May 1
Bids Opened
May 5
Bid Award — Construction Begins
December 31, 1998
Construction Complete
,�-A AI
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Resolution No. 98-16, abandoning a temporary construction
easement at Lots 5 & 6, Block 6, Diamond Circle Estates
BACKGROUND
Prior to the installation of sanitary sewer line to serve the dental office east of Diamond
Circle Estates on Southlake Boulevard, Mr. Frank Putt, owner of lots 5 & 6, block 6,
Diamond Circle Estates, granted a temporary construction easement to facilitate the
construction of the sewer line. The easement did not specify when it would be
terminated. Therefore, this resolution and quitclaim will terminate said easement and
return all rights to the owner.
RECOMMENDATION
Staff recommends Council approve Resolution No. 98-16, abandoning a temporary
construction easement at Lots 5 & 6, Block 6, Diamond Circle Estates. Please place this
item on the March 3, 1998 Regular City Council Agenda for City Council review and
consideration.
CRE
Attachments: Letter from Frank Putt, dated February 24, 1998
Easement
Resolution No. 98-16
Quitclaim
Exhibits "A" and "B"
5G-1
Qe Mr. Frank Putt
#2 Palmetto Court
Trophy Club, Texas 76262
February 24, 1998
Mr. Bob Whitehead
Public Works Director
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
RE: Temporary Construction Easement
Dear Mr. Whitehead;
I granted a Proposed 40' Temporary Construction Easement (the "Easement") to the City
of Southlake as shown on Exhibit"A" to instrument dated December 12, 1995, recorded in
Volume 12226, Page 0963, Office Public Records of Real Property of Tarrant County,
Texas. The City of Southlake has completed its construction and has no further use for
the Easement.
Therefore, I am hereby requesting the City of Southlake to terminate and release the
Temporary Construction Easement as noted above.
Thank you for your attention to this matter.
Sincerely,
Frank Putt
5G-2
IN
i
i
1
cnY OF SOUTH LAKE
pFP,MANENT UTILITY EASEMENT
t
f.
STATE OP TEXAS } KNOW ALLMEN aT -MESB pMWTS:
Cni1NTY OF TARRANT )
i.
is
That (Grantor) for and its considsration of `
I.
$ id b Grantee i
dw sum of Ten Dollars ($10) an►d other ood and valuablt: conslderatltxt in hand pa' y i
herein. the recaipt and sufficiency of which is booby aokrawledBed and confused, have Imnted,
sold ■nd conveyed. and by theso premats do grams, veil tt10 Mtvay 10 the City of Sout111aka, t
4pa A,
Grnmc herein. o[Tarrant County, Texas, a Drrpe"LA-mme `foot (101 utility t aaetttcnt in, into.
upon, aver. across and undo' that land in Tarrant County. Texas described as follows, to wit:
See attached Exhibit 'A"
See attaeW Exhibit 'B"
TO HAVE AND TO HOLD saki easement Unto the City or Soutttlake, its SuCoMsors and
nbsipns, and Gratstor hereby binds itself, its s%jecessorr and assigns and to wsrrut and forever
defend. all and singular, said premises unto the City of SoutItlake, its successors and assigns,
against every parson whemwever lawfully claimittS or to claim the sanm cr any part there*(. Ti,
tams, of chit dedication shall run with the land and %lilt be bidding Upon and inure to the benefit
of the City of Southlake and itt successors and assigtu.
1
WITH SS MY HAND this day of t 194s.
Sy' ..a
C�II II
Ok, Y 5G-3 ` 12226 0963
Z 'd 78SL SS8 V lZ _CZJVH H--SNni,-1 1`a=A 1Jb S E SSE —VZ—E
A
STATE OF TEXAS )
COIL;NTY OF TARRANT }
THIS INSTRUMENT was acknowledged before the oe this �OZ day
or
-!� r' r . 1995.
..� A
Nr.n k L.W 1r Im s" d Taw
Nx PWW
r CYAT• fw r tMW "VAT N-M LTATTE Of TMM e
My ConmWnjon Bxpirm
Grantors Natnc and Address:
Approved by City OfSoes"ke. �o day of 1995.
M.rw. City of swiw-ka apt `Q {) T �M►,�.
Attc t �� ff �� �� ../� �►
41L/N4 / J
Return to:
12226 4964
5G-4
E 'd
VdSL SSS V ! it -C JtVH H :Sr\n'; ;,Ott � 4t7 E : ,_. SEE -VZ-Z!
(W RESOLUTION NO. 98-16
A RESOLUTION VACATING AND ABANDONING A TEMPORARY
CONSTRUCTION EASEMENT IN LOTS 5 & 6, BLOCK 6, DIAMOND
CIRCLE ESTATES ADDITION, IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM
DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL
OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, a temporary construction easement has been previously dedicated to the
City of Southlake by the owner of Lots 5 & 6, Block 6, Diamond Circle Estates Addition to 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 temporary construction easement located in Lots 5 & 6,
Block 6, Diamond Circle Estates Addition (the "Construction Easement") 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 Construction Easement is more specifically described on the attached
exhibits:
EXHIBIT A: Graphic Depiction
EXHIBIT B: Legal Description
5G-5
A
WHEREAS, in order to remove any question as to the continued interest or ownership of
the public in said Construction Easement, the City desires to execute a Quitclaim Deed releasing
all title, ownership and control in said easements to the owner or owners of Lots 5 & 6, Block 6,
Diamond Circle Estates Addition. NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The Construction Easements, as described herein, are not being used by, nor useful 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 Lots 5 & 6, Block 6,
Diamond Circle Estates Addition 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
Lots 5 & 6, Block 6, Diamond Circle Estates Addition.
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.
SG-6
law.
SECTION 3
This resolution shall be in full force and effect from and after its passage as provided by
PASSED AND APPROVED ON THIS , DAY OF , 1998.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
Adopted:
Effective:
MAYOR
ATTEST:
CITY SECRETARY
5G-7
QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful
study and consideration, has determined that a certain construction easement located in Lots 5 &
6, Block 6, Diamond Circle Estates Addition, hereinafter specifically described, is not being
used by, nor useful or convenient to the public in general; therefore, it constitutes a public
charge without a corresponding public benefit, and the public would be better served and
benefited by its vacation and abandonment. For and in consideration of the above findings and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of Southlake does hereby bargain, sell, release, vacate, abandon and
forever quitclaim unto: Frank Putt 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' : Graphic Depiction
See Exhibit 'B': Legal 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 , 1998.
CITY OF SOUTHLAKE
UA
(ow,
RICK STACY, Mayor
5G-8
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
. 1998.
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:
Frank Putt
#2 Palmetto Court
Trophy Club, Texas 76262
5G-9
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All that C:artaiA lot, tract or votes% of hold located in the
M. W. mail 13Pr eT. Abstract 607, 890thlake, warrant County, lamas.
Naainp portions of Lots S • 6. BID" 6, DiaarOnd Clrele Bstet";
Saeond Instal laraNit. eta addition to %" city of 80ntA2ake, T&Wraot
Comte, Towaa' according to the plat record" 13 V'oiass 380-101:
Page 69, Plat Recocdo.• Tarrant County. Tams (P.1l.Y.Co.113), deed
baina more particularly described in one tract as Tollmol
SVM1NNNt180 ht the s o thaast corner of the afax+mmeationsa Lot 6.
Block 6, piamo ad Circle Ratatee and the northwest cosuar Of Lot 1,
V. W. Nail 0687 Addition, ao addition to the city of doutblake,
Tarrant Caurity. T"as, according to the plat recorded in Cabinet
*AS, Slide 02176. P.R.T.Co..VX.
TMEMM, 6outN7 03 degrees 41 minutes 16 seconds West, 11.01 fast to
a point for a corner;
TKMCS: North 61 degtess 33 Minutes 33 seeaaoe Mast parallel with
the north lire of Lots S G. 6, Block 6 passing the liAe common to
Lots S 6 S. 'lock 6, Diamond Circle Watateo at 204.79 feet and
Continnitag aCroaa Not =S. block 6. in all 363.13 lost to a point in
the east right-of-way litre of Whits Chapel Blvd..,
TRZKCM with the east right-af-war line Borth. 11.36 feet to a 1/2
Loch steel rod for the northwest comer Of Baia Lot S, Block 6, and
tied moat southerly vest corner of Lot 4, Block 6, Diasond Cirala
Ratatas;
Tumcm departing the said right-of•waz line and with said Common
line of Lots 4 6 S, Block G. Diamond Circle Wstates Booth 61
degrees 33 •lnutes 35 seconds East. passing the cor"r common With
Lots 4. 9, 6, and 7. block 6 of said Diasond Circle Addttica at
179.17 foot and continuing with the Coaawn lina Of Lobs 6 4 7,
Block 6, Diamond Circle iotatas in all 384.74 rest to tbs point of
teginning and containing 3.844 square fast.
12226 0966
S d ti85L S=8 V lZ _CdVH H sP,nvi VNa� E
5G-11
City of Southlake, Texas
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Endorse bylaw amendments for the North Central Texas Council of
Governments as recommended by the Executive Board
The Executive Board of the North Central Texas Council of Governments is recommending
two bylaws amendments to its membership. The Board wishes to increase the size of the
Executive Board from 11 to 13 members and assure representation from member governments
of varying population categories. As noted in the attached position paper, this change will
result in board composition which is as fair and representative as possible. The position paper
clearly demonstrates the differences between the existing structure and the proposed structure.
The Board would also like to pursue amendments to the bylaws which will ease the process of
amending the bylaws. The current requirements are onerous, since a majority of the
membership must approve the changes (114 member governments), but said amendment may
NOT be addressed at the General Assembly. The proposed method would provide that the
bylaws be eligible for amendment at the General Assembly meeting by an affirmative vote of
75 % of the membership present, provided said amendment has been submitted to the Executive
Board 60 days prior to the date of the General Assembly to allow for publication and
placement on the General Assembly agenda. This does not appear to be an unreasonable
approach, since much of the Board's business requiring votes from the member governments is
conducted at the General Assembly.
Please place this item on the March 3 City Council agenda for consideration. I will be happy
to answer any questions you may have about this issue.
cc: Position paper on recommended bylaws amendments
Proposal for revision of bylaws
02/25/98 11:27 12817 640 7806 N.C. TFAAS C.O.G Q002
POSITION PAPER ON RECOMMENDED BYLAWS AMENDMENTS
Recogntzft that the North Central Texas Council of GovemmeriM (NCTCOG) serves one of the most
dynamic and fastest growing regions of the United States and wishing to assure that its memberattip is
fairly and adequately represented, the Executive Board began concluding a review of its Bylaws in
October 1927. farticularemphasiswas-placed on the composition and stricture of the Board, but as a
result of the review, the method for amending our Bylaws was also considered.
Composition and Structure of the Executive Board
This element of the Bylaws has remained unaltered for more than twenty years, yet the membership
base has grown significantly. tt is believed that the eii t ng Executive @oard structure can be modified
to make it more representative and to assure a void to all segments of our membership as important
issues of regional interest are discussed and deliberated.
We considered several factors In our attempt to better align the Board. The two primary ones being
population distribution of the membership and the amount of dues paid annually by the member
govemmards. For informational purposes, NCTCOG has a membership of 227 governments. This
consists or 16 counties. 101 cities, 26 school districts and 24 special districts. Census fig for 1997
indiCate that NCTCOG's 16-county region has a population of 4,654,325. local dues paid by members
amounts to $463,071 for the 1997-98 fiscal year.
A further analysis of these statistics reveals that eight cities have a population of over 100,000. including
Dallas and Fort Worth Their combined population is 2,809,600 or 569E of the regions' total population.
These cities' combined dues payments are $260,960, which also equals SS% of total local dues. There
are 19 member cities with populations above 25,000 but less than 100,000. Their combined population
is 852.150 while their dues payments equal U5,215 with both figures representing 18% of total
population and local dues. The 134 cities of less than 25,000 population have an aggregated population
of 1,192,575 or 269E of the region's population and pay $65.207 in dues or 14% of overall dues.
Dmas and Tarrant Counties have populations of 1,976,600 and 1,306,800 respectively, and together
have 55 NCTCOG member cities. Collin and Denton Counties have respective populations of 397.100
and 352,050 and have 45 member titles between them. The remaining 12 counties nave a combined
population of 616,125 with 61 member cities. The total amount of dues paid by the 15 member counties
is S47.229 of which the four largest pay $40,326. School and special districts together pay a total $5.000
annually in dues.
Based on these fads, we are recommending that the Executive Board be enlarged from 11 to 13
members. We believe that even with this increase in numbers, the Board wilt remain a manageable
size. In order to afford more local elected officials the opportunity to serve, we propose to eliminate the
two citizen representative seats now part of the I I -member Board and make all 13 seats available to
local elected officials only. To better guarantee that the composition of the Hoard is as fair and
representative as possible, no member government will be allowed to have mom than one Board
member at any given time unless one of them is occupying the seat designated as Immedate Past
President.
To offer you a better understanding of what we are recommending and to give a comparison of the
existing versus proposed Board structure, the following two tables have been prepared.
02/25/98 11:28 12317 640 7806 N.C_ TIMS C.o.c
EXISTWO STRUCTURE
1 seat City with largest population
1 seat city with second largest population
Beat city outside of two largest populated counties
3
1 seat two largest populated counties share this seat on an ahentatinp basis
t seat county other than the two with largest population
2
1 seat citizen from one of two largest populated counties on an alternating basis
1 seat citizen from county other than the two with largest population
2
3 seats local elected officials from a member city or county 9ovemment
(no other designation)
1-seat immediate Past President
11
RECOMMENDED STRUCTURE
1 seat city with largest population
1 seat city with second largest population
1 seat city with ..100,000 or more population .(other than two largest)
(liiiw 2 seats cities with 25.000 or more population (other than two largest)
1 seat city with 24,999 or less population
6
1 neat county with largest population
1 seat county with second largest population
1 seat County with 300,000 or more population (other than two largest)
1 seat county with 299,999 or less population
4
2 seats local elected official from a member government
(no population designation)
1 seat Immediate past president
it]
GD003
In summary, we are recommending that future Executive Boards be composed of 13 local elected officials. We
are also proposing that the Board be structured to assure at least one seat for member governments in certain
population categories, and we are proposing two open seats to allow for further balancing of the Board's
Composition.
Process for Amending the Bylaws
During this review of NCTCOG's Bylaws by the Executive Board and the Past Presidents Committee, it became
apparent that the existing method for amending the Bylaws makes it very difficult to accomplish. An affirmative
vote of the majority of the membership is necessary to effect a change. Thus, with a membership of 227 local
governments, a Bylaws amendment must be approved by 114 favorable votes. This requirement is thought to
be too onerous.
M
02i23/9$ 11:26 12817 $40 T806 N.C. ?ETAS C.O.G qb004
we mcw4nend an alternate means of sme w" the 9ytlws by which 75% of the nwnb"O pesont at the
annual General Assembly meeft (usually held in June) could pass an amendment Such an amendment
would have to be wed at least QO days in advance of the General Assembly mee4tg so that the Executive
Board could publicize it and place it on the agenda for consideration at that meeting.
The 1997-98 Exwcutive 8oM is unanimous in its support of these two proposed Sytarra amNndments and
respecdully requests your favorable vote for amm_ it is neeessw for Obe attached begot to be reurned to
NCTCOQ1t allftas rto Mdar ~ Ftbrvanr 2t fM for count by a c envus*q committee. Executive Board
nominating forms will be mailed in March and must be rehimed by midM". The Wnhtattrg oommNtee will
then meet so that a slate of officers can be presented at the NCTCOG General Assembly meeting which is
scheduled for June 5.1998.
sN-y
Proposal for Revision of Bylaws
for
North Central Texas Council of Governments
Regarding Composition of Board
Proposed Revision of Section V.
Section V, Paragraphs I, J and L shall be amended so that they shall hereafter read as
follows:
I. Representation on the Board shall meet the following minimum requirements at
all times: Two (2) locally elected officials on the Board shall be representatives
from the two (2) largest populated member Cities (one from each City), as of the
last official census. Two (2) locally elected officials on the Board shall be
representatives from the two (2) largest populated member Counties (one from
each County), as of the last official census. One (1) locally elected official on the
Board shall be from a member City with a population in excess of One Hundred
Thousand (100,000), as of the last official census. Two (2) locally elected
officials on the Board shall be from member Cities with populations in excess of
Twenty -Five Thousand (25,000), as of the last official census. One (1) locally
elected official on the Board shall be from a member City with a population of
less than Twenty -Five Thousand (25,000), as of the last official census. One (1)
locally elected official on the Board shall be from a County with a population in
excess of Three Hundred Thousand (300,000), as of the last official census.
One (1) locally elected official on the Board shall be from a County with a
population less than Three Hundred Thousand (300,000), as of the last official
census. Two (2) locally elected officials shall be representatives without regard
to population. No entity shall have more than one representative at any one time,
with the exception that the Past President shall serve in a designated position on
the Board and shall not be deemed to be a representative of any specific entity.
J. The Executive Board shall be composed of the following members:
1. The Immediate Past President of the Council; and
2. The twelve (12) Directors of the Council.
L. There shall always be thirteen (13) members on the Board. Vacancies occurring
on the Board shall be filled by appointment by the remaining members of the
Board.
M
M
Proposal for Revision of Bylaws
for
North Central Texas Council of Governments
Regarding Amendments to Bylaws
Proposed Revision of Section H.
Section II, Paragraph D, shall be amended so that it shall hereafter read as follows:
D. When a quorum of the Assembly is present at any meeting, the majority vote of
the members present shall decide any question under consideration except Bylaws.
Bylaws may be revised by an affirmative vote of seventy-five percent (75 %) of
the members present.
Proposed Revision of Section %II.
Section XII shall be amended so that it shall hereafter read as follows:
These Bylaws may be altered, amended, or added to by written ballots from the members
or by action of the General Assembly, provided:
A. Proposed changes shall contain a full statement of the proposed
amendment or amendments and shall be submitted to the Executive Board
at least sixty (60) days prior to the General Assembly.
B. The enactment of the amendment shall require a majority vote of the
general membership or affirmative vote of seventy-five percent (75 %) of
the members present at the General Assembly.
j`f!-lo
FEB-27-1998 09:59 LAW FIRM 817 332 4740 P.02i02
RESOLUTION NO.1 I S
A RESOLUTION OF THE CITY OF SOUTHLAKE AMENDING AND
REDUCING THE EXTRATERRITORIAL NRISDICTION OFTHE CITY OF
SOUTHLAKE, TEXAS; PROVIDING FOR THE EXCLUSION OFA PORTION
OF LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF SOUTHLAKE; CONSENTING TO THE EXPANSION OF THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF GRAPEVINE,
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the cities of Grapevine and Southlake agree that the extraterritorial jurisdiction
of the City of souttilake be reduced in order to allow the extraterritorial jurisdiction of the City of
Grapevine to extend to cover the land described and depicted on Extr bit "A";and
WHEREAS, pursuant to Section 42.023, Texas Local Goverment Code, the Southlake City
Council consents to said realignment of its extraterritorial jurisdiction boundaries.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
Pursuant to the provisions of Section 42.023, Texas Local Government Code, the extraterritorial
jurisdiction of the City of Southlake is hereby reduced by excluding the property identified in Exhibit
"A", which is attached hereto and incorporated herein for all purposes.
SECTION 2.
The City of Southlake hereby consents to the extension of the extraterritorial jurisdiction of the
City of Grapevine to cover said property.
PASSED AND APPROVED by the City Council of the City of Southlake, Texas, on this
day of _, 1998.
ATTEST:
City Secretary
H:\LMRARYIsouthlakeWS\etj expand•wpd (02/26M)
APPROVED:
Mayor
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F®-27-1998 11:58 LAW FIRM
817 332 4740 P.03✓04
RESOLUTION NO. 9OR - R
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS USITIATING
ANNEXATION PROCEEDINGS; DIRECTING STAFF TO SCHEDULE
PUBLIC HEARINGS AND PROVIDE FOR NOTICE IN ACCORDANCE
WITH LAW; DIRECTING THAT A SERVICE PLAN FORTHE PROPERTY
BE PREPARED; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the city has the authority to annex areas contiguous to the city within its
exclusive extraterritorial jurisdiction; and
WHEREAS, the tracts to be annexed are located in the exclusive extraterritorial jurisdiction
of the City of Southlake and contiguous to existing city limits; and
WHEREAS, Chapter 43 of the Local Government Code requires that public hearings be held
and a service plan be prepared prior to annexation of property by a municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
ANNEXATION INITIATED
By this Resolution, the City of Southlake hereby initiates annexation proceedings to enlarge
and extend the boundary limits of the territory depicted and described on Exhibit "A', attached
hereto and incorporated herein for all purposes.
SECTION 2.
PUBLIC HEARINGS
City staff is directed to schedule public hearings to be held before the city council where all
interested persons will have the right to appear and be heard on the proposed annexation.
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FEB-27-1998 11:58 LAW FIRM
817 332 4740 P.04iO4
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SECTION 3.
NOTICE
City staff is directed to publish notice of the public hearings at least once on or after the
twentieth but before the tenth day before the date of the public hearings.
SECTION 4.
SERVICE PLAN
City staff is directed to prepare a service plan that will provide for the provision of services
to the above referenced propertyin compliance with Section 43.056 of the Texas Local Government
Code.
SECTION 5.
EFFECTIVE DATE
This resolution shall be effective from and after its passage and adoption by the city council.
RESOLVED AND ENTERED this the 3rd day of March, 1998.
ATTEST:
City Secretary
H:%LLB ARY\%uthlakeUtES% NNEX•2.wpd
Mayor
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F®-27-1998 11:57 LAW FIRM
817 332 4740 P.02/04
A ..
TAYLm, Omom Amin. SR.ALLA & ELAK L . L.P.
ATTORNEYS AT LAYi
"0 THROCKMORTON STREr f TEt EPHON£ (t n 3320
1400 BANK ONE TOWER
(a1 ll) 332414740
=ORT WORTH, TEXAS 76102-3821
ELIZABETH CLAM
February 27, 1998
VIA FAX AND REGULAR MAIL
Mr. Curtis Hawk
City of Southlake
1725 E. 1709
Southlake, Texas 76092
RE: Annexation Timetable
Dear Curtis:
As requested, following is a timetable for the annexation ofthe crossing we discussed. After
Grapevine passes a resolution releasing the area from its ETJ, Southlake must:
1. Pass a resolution setting two public hearings (or authorizing the staff to do so)
declaring an intent to annex the area;
2. Hold two public hearings 20 to 40 days prior to the adoption of the ordinance on first
reading. This will require at least one special meeting because it is impossible to meet this timetable
at regularly scheduled meetings;
3. Publish notice of the public hearings 10 to 20 days prior to the hearings;
4. Prepare a service plan prior to the first public hearing; and
5. Adopt the annexation ordinance on second reading no later than 90 days after first
reading.
After the annexation, we must change the boundaries of the official map, file notice of the
annexation with Justice Department, notify the comptroller for sales and property tax purposes, and
notify franchised utilities_
Please call with any questions.
EAE/kb
K NLIBRARYkS*k.lblAc1LET MRSWAW"12.-od
Sincerely,
5T3
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i
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 693, 2"d reading, adol
Code, 1997 Edition with local amendmer
BACKGROUND
The Building Board of Appeals has recommended Council adopt the Uniform Building
Code, 1997 Edition with local amendments. Portions dealing with residential fire
sprinkler systems have been removed at the request of the Fire Services Division until
the current research regarding questions surrounding the requirement of residential
sprinkler systems can be completed. Once these issues are resolved, the code can be
amended and the issue can be addressed in the Fire Code and the Uniform Building
Code, 1997 Edition. As to the commercial sprinkler system requirements, the new code
mirrors the previous requirements.
The administrative provisions in the 1997 Uniform Building Code have been removed
in favor of the Uniform Administrative Code previously adopted. The ordinance also
removes section 2 of Ordinance No. 574, adopting the 1991 Uniform Swimming Pool,
Spa, and Hot Tub Code, which provides fencing requirements around swimming pools.
The property owner will be required to have a closer or alarm on any rear door
entering the pool area. This is for the protection of small children who make up the
majority of swimming fatalities.
Discrepancies that were discovered during the first reading have been corrected. These
are outlined in the attached memorandum from Chuck Bloomberg, Plans Examiner.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 693, 2' reading, adopting the
Uniform Building Code, 1997 Edition with local amendments. Please place this item
on the March 3, 1998 Regular City Council Agenda for City Council review and
consideratiol .,
CRE/
Attachments: Memo from Chuck Bloomberg, Plans Examiner
Proposed Ordinance No. 693
7A- t
City of Southlake, Texas
MEMORANDUM
i
February 26, 1998
i
TO: Chuck Ewings, Administrative Assistant
FROM: Chuck Bloomberg, Plans Examiner
SUBJECT: ORDINANCE 693, SECOND READING
ADOPTING THE 1997 UNIFORM BUILDING CODE.
Attached is a cleaner print than was in the packet for the first reading. The one I sent to you was
somewhat compressed when printed at your end. Also I have revised the following minor items.
1. Page 2. In Section 1 revised to adopt the 14th rather than 13th edition of Fire Resistance
Design Manual.
2. Page 23. Bottom paragraph, " Group H occupancies used as feed mills" formerly read, "fee
mills".
3. Page 24. Bottom line, " shall be fire stopped" formerly read, " shall e fire stopped".
4. Page 25. Third paragraph, "(c)" formerly, "©" .
5. Page 25. Fourth item under 24. " Nominal orifice size" formerly, "Nominal office size".
6. Page 26. Top of page. Reason removed after item 28. Reasons for each section were provided
for review purposes but not intended to be a part of the ordinance.
1: \chuck\memoubc
7A-2
(60" UNIFORM BUILDING CODE,
VOLUMES 1,2 AND 3
ORDINANCE NO.693
AN ORDINANCE ADOPTING THE 1997 EDITION OF THE UNIFORM
BUILDING CODE, VOLUMES 1, 2, AND 3, REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, . REPAIR, MOVING,
REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN
THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; 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 is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Southlake deems it
necessary to adopt this ordinance providing minimum standards to
safeguard the health, property, and welfare of the citizens of
Southlake by regulating and controlling the use, occupancy,
maintenance, repair, design, construction and quality of materials
for buildings and structures within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
7A-3
0
e
(W /C . . SECTION 1
That the Uniform Building Code, 1997 Edition, Volumes 1, 2,
and 3 published by the International Conference of Building
Officials, including the generic fire -resistive assemblies listed
in the Fire Resistance Design Manual, Fourteenth Edition, dated
April 1994, published by the Gypsum Association as referenced in
Tables 7-A, 7-B and 7-C of the specified Uniform Building Code,
including Appendix Chapters 3 divisions I, II, and IV, 4, 9, 11,
15, 18, 31, and 33; and the American National Standard for
Accessible and Useable Buildings and Facilities, A117.1-1992 (see
Uniform Building Code Section 1101.2), published by the Council
of American Building Officials as modified or amended in the
Uniform Building Code referenced herein, are hereby adopted as
the Building Code of the City of Southlake for regulating the
erection, construction, enlargement, alteration, repair, moving,
removal, demolition, conversion,- occupancy, equipment, use,
height, area and maintenance of all buildings or structures in
the City of Southlake. True and correct copies of these
documents are attached as Exhibit "A."
SECTION 2
That the 1997 Edition of the Uniform Building code, as adopted
herein, is hereby amended as provided in Exhibit "B" incorporated
herein and attached hereto for all purposes of this ordinance.
The City of Southlake, Texas may from time to time determine that
additional local modifications to the Uniform Building Code, 1997
Edition, are necessary and appropriate to meet the unique needs
of the City of Southlake, Texas. To effectuate these local
modifications, the City Council shall enact individual ordinances
amending this Ordinance, fully setting forth the change to be
made in the Uniform Code. These amendments shall be consolidated
as Exhibit "B" to this Ordinance.
I SECTION 3
The material contained in Exhibits "A" and "B" to this
Ordinance shall be maintained as a public record in the office of
the City Secretary. These Exhibits will be available for public
inspection and copying during regular business hours.
2
7A-4
A
SECTION 4
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.
This ordinance is intended to replace the following:
1. Ordinance 619, as amended, the 1994 Uniform Building
Code.
2. Section 2 of Ordinance 574, the 1991 uniform Swimming
Pool, Spa, and Hot Tub Code.
This ordinance is not intended to amend or replace the following:
1. Ordinance 480, the Zoning Ordinance.
2. Ordinance 483, the Subdivision Ordinance.
3. Ordinance 557, Exterior Masonry Construction
Requirements
4. Ordinance 568, Contractor's Licensing Ordinance
5. Ordinance 621, the 1994 Uniform Administrative Code.
6. Ordinance 506-A, as amended, the Sign Ordinance
In the event the validity of any other ordinance is questioned
under this section the City council shall by resolution state
their intent.
i
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.
3
7 p-5
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 any ordinances affecting the regulation and control of the
use, occupancy, maintenance, repair, design, construction and
quality of materials for buildings and structures within the City
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 8
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 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 days after passage of this
4
7A-6
(WWI
ordinance, as required by Section 3.13 of the Charter of the
City of Southlake.
SECTION 10
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING THIS
11 1998.
MAYOR
ATTEST:
DAY OF
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
1998.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED•
EFFECTIVE:-
5
7 A-7
r EXHIBIT "B"
LOCAL AMENDMENTS TO THE 1997 UNIFORM BUILDING CODE
The following sections, paragraphs, and sentences of the Uniform
Building Code, 1997 Edition, are hereby amended as follows:
** Chapter 1; add an introductory note to read as follows:
The Administrative Code as adopted by this jurisdiction shall take precedence over the administrative
provisions of this chapter.
**Section 209, add a new definition to read asfollows:
HIGH-RISE BUILDING is a buildinghaving aving floors used for human occupancy located more
than 55 feet (16 764 mm) above the lowest level of fire department vehicle access.
**Section 214; change definition of "Mechanical Code" to read as follows:
MECHANICAL CODE is the bWtferH:International Mechanical CoderTn! e
as adopted by this jurisdiction.
**Section 217, change definition of "Plumbing Code" to read as follows:
PLUMBING CODE is the International Plumbing Codeni, as adopted by this jurisdiction.
**Section 220, add a new definition for "Self -Service Storage Facility':
SELF-SERVICE STORAGE FACILITY is real property designed and used for the purpose of
renting or leasing individual storage and removing personal property on a self-service basis.
**Section 302.4, Exception #3; changed to read as follows:
3. In the one -hour occupancy separation between Group R, Division 3 and
Group U Occupancies, the separation may be limited to the installation of not less than
one-half inch gypsum board. or materials approved for one -hour fire -resistive
construction on the garage side; and a tight fitting solid wood weather
C, stripped door 1 3/8 inches (35 mm) in thickness, or a selelesiag—,tight fitting door
6
7A-8
having a fire -protection rating of not less than 20 minutes when tested in accordance
with Part II of UBC Standard 7-2, which is a part of this code, is permitted in lieu
...{remainder to read the same).
"Section 305.9; change to read as follows:
305.9 Fire Alarm Systems. An approved fire alarm system shall be provided for Group E Occupancies
with att eeettpant load of 59 or more persons. In Division 3 Occupancies, system smoke detectors shall
be installed in all rooms used by children. In Group E Occupancies provided with an ... (remainder of
section unchanged) ...
"Section 310.9.1.3; add an Exception to read as follows:
Exception: Whenever rewiring or new wiring occurs during the alteration,
repair or addition process that: in -the opinion of the Building Official. makes it possible. -
to hardwire the smoke detectors. then those that can be hardwired shall be installed as
required for new construction.
"Section 310.9.1.4, add a sentence at the end to read as follows:
If in the opinion of the Building Official the sounding of one alarm is not loud enough to be heard in all
sleeping areas one or more detectors may be required to be interconnected.
"Section 311.2.3.5; changed to read as follows:
311.2.3.5 Vehicle barriers. In parking garages where any parking area is located more than 5 feet (1524
mm) above the adjacent grade, deck, floor or ramp. vehicle barriers shall be provided.
(remainder of section unchanged)
"Section 403.1; changed to read as follows:
SECTION 403 -- SPECIAL PROVISIONS FOR GROUP B OFFICE BU4LDINGS AND GROUP
" "134SIO ' HIGH RISE OCCUPANCIES
403.1 Scope. This section applies to all Grettp B offiee buildings and Group R, givision 1 Occupancies,
each having floors used for human occupancy located more than 73 55 feet (22 860 16 764 mm) above
the ... (remainder of paragraph unchanged) ... with Section 403.2.
Exception: Open Qarking garages in compliance with Section 311.9.
"Section 403.2.2, item #2, changed to read as follows:
2. Except for corridors in , and partitions
separating dwelling units or guest rooms, all interior-nonbearing partitions required to be one -hour fire-
s
7A-9
(610.1
resistive construction by Table 6-A may be of non-combustible construction without a fire -resistive time
period. For allowable reduction of corridor construction see Section 1004.3.4.3.
"Section 403.2.2, item #3; delete.
3. Fire dantpers, other than those needed to prateet floor eeiling assemblies to rnaintftin the
resistanee of the asserribly-
"Section 403.5.2; add a third paragraph to read as follows:
Actuation of any automatic or manual device shall initiate an alarm signal on the alarming floor,
the floor above and the floor below and identify on an annunciator the zone or address from which the
alarm signal originated.
"Section 403.5.3; change to read as follows:
403.5.3 Fire department communication system. - A two-way, approved fire department
communication system shall be provided for fire department use. It shall operate between the central
control station and elevators, elevator lobbies, emergency and standby power rooms. fire pump room and
at entries into enele.._a inside stairways at each floor level.
"Section 403. 7, item #1; add an Exception #4 to read as follows:
4 When corridors are not required to be of fire -resistive construction under
Section 1004.3.4.3. the elevator lobby is not required.
"Section 503.4.8, add a third paragraph to read as follows:
For one- and two-familv dwellings and apartment buildings. open metal carport structures may
be constructed within zero (0) feet of the 1ropeM line without fire -resistive or opening_ protection when
the location of such is approved as required by other City ordinances.
"Section 504.3; change the exceptions to read as follows:
Exceptions: 1. The major occupancy classification of a building may be used to
determine the allowable area of such building when the major use occupies not less than
90 percent of the area of any floor of t to a non-sprinklered building, or not less than 80
percent of the area of any floor of a building provided with an automatic sprinkler
system throughout. and provided that other minor accessory uses shall not exceed the
basic area permitted by Table 5-B for such minor uses and that various uses are
separated as specified in Section 302.4.
2. Groups, B, F, M and S and Group H, Division 5 Occupancies complying with
the provisions of Section 505.2 may contain other occupancies provided that such
occupancies do not occupy more than 10 percent of the area of any floor of a non-
8
7A-10
(w
sprinklered building, or not more than 20 percent of the area of any floor of a buildin
provided with an automatic sprinkler system throughout, nor more than the basic area
permitted in the occupancy by Table 5-13 for such occupancy, and further provided that
such occupancies are separated as specified in Section 302.4.
"Section 505.2; add a third paragraph to read as follows:
In other than Group H Divisions 1 2 or 3 Occupancies. the area of the following buildings shall not be
limited if the building is provided with an approved automatic sprinkler system throughout as specified
in Chapter 9 and entirely surrounded and adjoined by public ways or yards not less than 60 feet (18 288
mm) in width The unlimited area provisions of this paragraph cannot be used in conjunction with the
fire -resistive substitution provisions of Section 508.
l . Type II-FR buildings.
2. Tyne II-1hr buildings with five or less stories.
Type II-N buildings with three or less stories.
"Section 505.3; items #1 through #4 are changed to read as follows:
1. Seetion
596 for aninereetse itt ..,,..able number
_ f sta- delete
2. Section 904.2.6 for Group H, Division 1 and 2 Occupancies.
3 delete
4 Atria. Section 505.2 for unlimited area.
"Section 506, items #1 through #5 of the second paragraph are changed to read as follows:
1. Section 904.2.6 for Group H, Division 1, 2, 3, 6 and 7 Occupancies.
2. Seetion 595 for aninerease in alle .._L,_ arett. delete
3 delete
4. Seetion 492, Atria. Section 505.2 for unlimited area.
5. Section 904.2.7 for Group I, Divisions 1.1 and 1.2 Occupancies used as hospitals, nursing homes
or health-care centers in Type II One -hour, Type III One -hour, Type IV or Type V One -hour construction.
"Section 508 unchanged except item #6 is changed to read as follows:
6. Corridors except as specifically exempted in Sections 1004.3.4.3 (Sections 1004.3.4.3.1 and
1004.3.4.3.2).
"Table 5 A; insert a footnote #8 to the heading "EXTERIOR WALLS °" and add the footnote to read
as follows:
R When the exterior wall of a non -high-rise building is more than 20 feet from the property line. the
fire resistive requirements for exterior bearing and exterior nonbearing walls may be reduced by
one hour when the building is provided with an approved automatic sprinkler system throughout as
specified in Chapter 9 However a wall that is required to be one -hour may not be reduced except
as allowed under Section 508.
7A-11
(bow", - --- I
**Table 6-A; insert a footnote #4 in building element #8, "8. Roofs and roof -ceilings '- " and add a
footnote #4 to read as follows:
°The fire -resistive requirements for roofs of non -high-rise buildings may be reduced by one -hour
when the building is provided with an approved automatic sprinkler system throughout as specified
in Chapter 9.
**Section 708.2.1; add a new sentence to item #4 to read as follows:
For combustion air ducts within dwelling units see also Section 709.1. Exception to item #1 of the
Mechanical Code.
**Section 708.3.1.2.1; change exception #2 to read as follows:
2. Where approved sprinklers are installed within the attic space, draftstopping may
be as specified in the exception to Section 708.3.1.2.2.
**Section 708.11,2.2; change the exception to read as follows:
Exception: Where approved automatic sprinklers are installed within the attic
sAace, the area between draft stops may be 9,000 square feet (836 mZ) and the greatest
horizontal dimension may be 100 feet (30 480 mm).
**Section 709.6.1; changed to read as follows:
709.6.1 General. When protection of openings is required. 44trough through penetrations of the fire -resistive
walls shall comply ... (remainder of section unchanged) .
**Section 709.7, changed to read as follows:
709.7 Membrane Penetrations. When protection of openings is required. N4effibrafle membrane
penetrations of the fire -resistive ... (remainder of section unchanged) .
**Section 713.10; item #S is changed to read as follows:
5. Penetrations of elevator lobbies required by Sections 3802 403.7 and 1004.3.4.5.
**Section 713.10; add a fourth paragraph to read as follows:
For dampers in combustion air openings see also Section 710.2 of the Mechanical Code. For dampers in
use with direct -fired air -heating equipment see also Section 915.7 of the Mechanical Code.
7A-12
(aw
"Section 713.11; add a fourth paragraph to read as follows:
For penetrations of ducts conveying hazardous exhausts, see also Section 510.6.4 of the Mechanical Code.
For dampers in combustion air openings. see also Section 710.2 of the Mechanical Code. For dampers in
use with direct -fired air -heating equipment, see also Section 915.7 of the Mechanical Code. For penetrations
of ducts in H-6 Occupancies, see also Section 1202.2.5 of this code.
"Section 902; subitems 1.3, 1.4, 1.5 and 1.6 added to read as follows:
1.3 U.B.C. Standard 9-4. Standard on Aircraft Hangars
1.4 U.B.C. Standard 9-5, Installation of Halon Fire Extinguishing System.
1.5 U.B.C. Standard 9-6. Standard for the Installation of Private Fire Service Mains and Their
Appurtenances
1.6 U.B.C. Standard 9-7 Installation of Sprinkler Systems in One- and Two -Family Ids
and Manufactured Homes
"Section 904.1.3; change to read as follows:
904.1.3 Modifications. When residential sprinkler systems as set forth in UBC Standard 9-3 are provided,
exceptions to, or reductions in, code requirements based on the installation of an automatic fire -extinguishing
system are not allowed. Allowable tradeoffs for or increases in. Building C�provisions based on the
installation of an automatic fire -extinguishing system are not allowed.
Exception: Reductions are allowed for the following provisions:
1. Section 708 3 1 1 3 draft stops in floor -ceiling assemblies.
2. Section 708.3.1.2.1, draft stops in attics.
3. Section 708.3.1.2.2. draft stops in attics.
"Section 904.Z2; item #5 is changed and items #6, #7 and #8 are added to read as follows:
Section 904.2.2 Where Required. All occupancies except Group R, Division 3 and Group U
Occupancies ... , an automatic sprinkler system shall be installed:
5. Throughout all buildings with a floor level, other than penthouses in compliance with
Section 1511, with an occupant load of 30 or more that is located 33 35 feet (44-464 10 668 nun)
or more above the lowest level of fire department vehicle access.
Exception: 1. delete)
-2 Open parking structures in compliance with Section 311.9.
3. Group F, Division 2 . (delete)
6. High -Piled Combustible Storage. For any building with a clear height exceeding 15',
see Section 8101 of the Fire Code.
7. Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be
protected by an approved automatic fire -extinguishing system as specified in the Fire Code.
7A-13
(W
8. Buildings Over 6.000 sq. ft. An automatic sprinkler system shall be installed throughout
all buildings over 6.000 so. ft. floor area. For the puroose of this paragraph area separation walls
shall not be considered as forming separate buildings.
Exception: Open parking garages.
"Section 904.2.6.4, added to read as follows:
904.2.6.4 Group H Division 5 Occupancies. Aircraft hangers shall be classified by Group and Tyne*. and
shall be provided with a fire -extinguishing system as specified by UBC Standard 9-4.
(*Note • Any classification of construction We under UBC Standard 9-4 shall be for use with that
standard only and shall have no bearing on the construction type used in conjunction with any other
provision of this code.)
"Section 904.2.9 Group R Division I Occupancies is hereby amended to read as follows:
904.2.8 Group R Division 1 Occupancies. An automatic sprinkler system shall be installed
throughout all R-1 occupancies. Every apartment hettse three or more stertes ttt ftetgM or...
more guest -reams. Residential or quick -response standard sprinklers shall be used in the dwelling
units and guest room portions of the building.
**Sections 904.2.10, 904 2101 and 904.2.10.2: added to read as follows:
904.2.10 Group S Occupancies.
904.2.10.1 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-
service storage facilities.
Exception: One story self-service storage facilities. that have no interior corridors.
with a one -hour fire -rated occupancy separation wall installed between every storage
compartment.
904.2.10.2 Group S. Division 5 Occupancies Aircraft hangers shall be classified by Group and Type*.
and shall be provided with a fire -extinguishing -system as specified by UBC Standard 9-4.
(*Note • Any classification of construction type under UBC Standard 9-4 shall be for use with that
standard only and shall have no bearing on the construction type used in conjunction with any other
provision of this code.)
**Section 904.4, subparagraph 4.4 of item #4 is changed to read as follows:
4.4 Other approved fire -protection equipment
standpipes are is installed in such areas.
7A-14
(W
"Section 904.5.3 the third paragraph is changed to read as follows:
There shall be a two-way outlet a`'---` one et above the roof line on every standpiRe when the roof
has a slope of less than 4 units vertical in 12 units horizontal (33.3% slope).
Exception: Where the stairway extends to the roof, the two-wav outlet may be located
at the topmost floor landing.
"Section 904.5.3; add a new paragraph to read as follows:
All Class I standpipes shall be:
1. Water filled at all times: or.
2. Supervised with a minimum of 10 1sig and a maximum of 40 psig air pressure with a high/low
alarm.
"Section 906.1; add an Exception #3 to item #1 to read as follows:
3 Buildings protected throughout by an approved automatic sprinkler system.
(W
"Section 906.6.3; add an Exception to read as follows:
Exception: In buildings 1rotected throughout by an approved automatic sprinkler
system curtain boards need only to extend down from the ceiling for a minimum depth of four
4 feet.
"Table 9 A; change Occupancy Item #5, Standpipe Class for sprinklered buildings from "Xtt
requimmenf" to Class "I"
"Section 1004.Z4; change the exception to read as follows:
Exceptions: 1. The separation distance determined in accordance with this section may be measured
along a direct path of exit travel within a corridor serving exit enclosures. The walls of any such exit
enclosure shall not be less than 30 feet (9144 mm), measured in a straight line, from the walls of another exit
enclosure.
2 When the building is provided with an automatic sprinkler system throughout at least two of the
exits or exit access doorways shall be placed a distance apart equal to not less than one third of the length
of the maximum overall diagonal dimension of the area served in lieu of one half measured in a straight
line between the center of such exits or exit -access doorways.
7A-15
"Section 1004.2.5.2.3; add a second paragraph to read as follows:
When reduction of corridor construction is allowed under Section 1004.3.4.3. the reduction shall not apply
to the corridors of this section for extra travel distance.
"Section 1004.2.5.2.5, changed to read as follows:
1004.2.5.2.5 Factory, hazardous and storage occupancies. In a one-stary building classified as a Group
H, Division 5 aircraft repair hangar, or as a Group F or Group S Occupancy, the travel distance shall not
exceed 300 feet (91 440 mm) and may be increased to 400 feet (121 920 mm) if the building is equipped
with an automatic sprinkler system throughout. and is also pro-vided with smoke and heat ventilftfie
"Section 1004.2.6, changed to read as follows:
1004.2.6 Dead ends. Where more than one exit or exit -access doorway is required, the exit access shall be
arranged such that there are no dead ends in hallways and corridors more than 20 feet (6096 mm) in length.
Exceptions: 1. In occupancies in Use Group B where the building is equinned
throughout with an automatic sprinkler system. the length of dead-end corridors shall not
exceed 50 feet (15 240 mm).
2. A dead-end corridor shall not be limited in length where the length of the dead-end
corridor is less than 2.5 times the least width of the dead-end corridor.
"Section 1004.3.4.3; Exceptions #4, 5 and 6 are changed to read as follows:
4. Corridor walls and ceilings of Group B Occupancies need not be of fire -resistive
construction when the entire story
in which the space is located is equipped with an automatic sprinkler system throughout and
an automatic smoke -detection system installed within the corridor. The actuation of any
detector shall activate alarms audible in all areas served by the corridor.
Use of this exception will not permit the use of non -rated non -protected construction
in the following:
-for the exit enclosure separation in exception #1 of Section 1004.2.4.
-to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3.
-to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code
except that private corridors within a single tenantspace may be used to convey air
provided that smoke detectors are installed within the tenant corridor in accordance
with their listing.
5. Garridar walls mtd eeilings need not be of fire resistive eanstruetion within effiee
throughout.spftees htwing an eeettpent lead of 190 or less when the building in whieh the speee is laeffted
. ed with an autematie sprinkler system Except for Groups H. I and R-1
Occupancies, corridors shall not be required to be protected when the building is protected by
an approved automatic sprinkler system throughout.
7A-16
Use of this exception will not permit the use of non -rated non -protected construction
in the following:
-for the exit enclosure separation in exception # i of Section 1004.2.4.
-to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3.
-to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code.
6. In Group B office buildings ,
_ess i `ien, corridor walls and ceilings need not be of fire -resistive construction within office
spaces of a single tenant when the entire story, in whieh the space is leemed is equipped with
an approved automatic smoke -detection system is instftiled
within the corridor. The actuation of any detector shall activate alarms audible in all areas
served by the corridor. The smoke -detection system shall be connected to the building's fire
alarm system where such a system is provided.
"Section 1004.3.4.5; add Exception #4 to read as follows:
4. When corridors are not required to be of fire -resistive construction under Section
1004.3.4.3. the elevator lobby is not required.
"Section 1005.3.3. 7; changed to read as follows:
1005.3.3.7 Pressurized enclosure. In a building having a floor level used for human occupancy located
more than 4-5 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access, all
required exit enclosures shall be pressurized in accordance with Section 905 and_tWs section. Pressurization
shall occur automatically upon activation of an approved fire alarm system.
Exceptions: 1. If the building is not equipped with a fire alarm system, pressurization
shall be upon activation of a spot -type smoke detector listed for releasing service located within
5 feet (1524 mm) of each vestibule entry.
2. Open parking garages in compliance with Section 311.9.
A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute (1180 Us) of air
at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures.
"Section 1005.3.3. 7.1; changed to read as follows:
1005.3.3.7.1 Vestibules. Pressurized exit enclosures shall be provided with a pressurized entrance vestibule
that complies with the requirements of this section.
Exception: For buildings equipped with an automatic sprinkler system vestibules may
be omitted provided all enclosed exit enclosures are equipped with a barometric dampered
relief opening at the top and the stairway supplied mechanically with sufficient air to discharge
a minimum of 2.500 cubic feet per minute (1180 Us) through the relief opening while
maintaining_a minimum positive pressure of 0.15-inch water column in the shaft relative to
atmospheric pressure with all doors closed.
Activation of the mechanical equipment shall be initiated by activation of an approved
fire alarm system If the building is not equipped with a fire alarm system, pressurization shall
be upon activation of a spot -type smoke detector listed for releasing_ service located within 5
rI_6n
feet (1524 mm) of each enclosure door. Such equipment shall also be activated by actuation
of the automatic sprinkler system.
**Section 1006.3.3.1; changed to read as follows:
1006.3.3.1 General. Exterior exit stairways serving as a portion of the exit discharge in the means of egress
system shall comply with the requirements of Section 1006.3.3. An exterior exit stairway serves as an exit
discharge component in a means of egress system and is open on not less than two adjaeent sides, except for
required structural columns and open -type handrails and guardrails. The adjoining open ... (remainder of
section unchanged)... for interior stairways.
**Section 1101.2; add an item #2 to read as follows:
2. Alternate Design
Buildini;s regulated under State Law and built in accordance with State certified plans. including any
variances or waivers granted bathe State shall be deemed to be in compliance with the requirements of this
Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy.
**Section 1202.2.1; add this exception after the second paragraph to read as follows:
Exception: Bathroom exhaust ducts may terminate in a warehouse or shoo area when
infiltration of outside air is present and the duct does not penetrate an occupancy separation.
**Section 1203.3; change the exception after the third paragraph to read as follows:
Exception: Private laundry Latttdry rooms in Group R, Division 3 and inside individual dwelling units
of Group R. Division I Occupancies.
**Section 1506.3; change to read as follows:
1506.3 Overflow Drains and Scuppers. Where roof drains are required, overflow drains
si2e as the roof dritins shall be instftiledwith the inlet flow line laeated 2 inehes (5 1 MM) e2bove the low point
of the -reed or overflow scuppers htwing three times the size of the roof drains and h i . . nufn
opening height of 4 inehes (192 mm) mtty be installed in the adjeeent pftrapet W -.1. .1- ittlet flow line
shall be sized and installed in accordance
with Section 1107 of the Plumbing Code.
Overflow drains shall discharge to an approved location and shall not be connected to roof drain lines.
*Table No. 15 A and footnotes changed to read as follows:
*Insert a footnote #5 in the heading "TABLE 15-A - MINIMUM ROOF CLASSES
(W * Change the roof classed for all R-1 occupancies to "A'
7A-18
(W *Change the roof classes for R-3, Types III -one -hour, III-N, IV, V-one-hour and i- Nfrom "NR"
to iicpy.
*Delete footnotes 1 and 3.
*Change footnote #4 to read as follows:
U-Ittless otherwise required beeause of leeation, Group Division 1 roof eaverings shall eattsist of not less
,
than one ittyer efeap sheet, or built tip reefing eansigting of two !"'ers of felt and it surfiteing mmerift! of 309
pounds per. r-99PRg squaFe (4 4.6 k@4W) of gr-m,el of ether appfeved sur-f6eing material, or 250 petinds (12.2
k 'wed slag. When exceeding 120 sg ft of projected roof area, the roof class shall be a minimum
of Class C or shall be non-combustible.
*Add a footnote #5 to read as follows:
5 All individual replacement shingles or shakes shall be in compliance with the rating required by
this table.
**Section 2501.2; delete.
**Section 2903; changed to read as follows:
SECTION 2903 -- ALTERNATE NUMBER OF FIXTURES
As art a recommended but not required alternate to the minimum number of plumbing fixtures required by
this chapter, see Appendix Chapter 29 of this code or Table 403.1 of the Plumbing Code. ,
as set forth in seetion 401.3, it will take preeedenee ever the requirements of this .
**Section 3504, Part II, Chapter 9; changed to read as follows:
9-1; 307.11.3, 321.1, 403.2, 404.3.1, 405.1.1, 804.1, 902, 904.1.2, 904.1.3, 904.2.6.3, 904.2.7, 904.3.2,
2603.7.1, 2603.8.1
Installation of Sprinkler Systems. Standard for the Installation of Sprinkler Systems, NFPA 13-1996
+99}•, National Fire Protection Association.
9-2; 902, 904.1.2, 904.5.1
Standpipe Systems. Standard for Installation of Standpipe Systems and Hose Systems, NFPA 14-1996
4993, National Fire Protection Association.
9-3; 804.1, 805, 902, 904.1.2, 904.1.3, 2603.7.1, 2603.8.1
Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less. Standard for the
Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height, NFPA 13R-
2 +999, National Fire Protection Association.
9-4: 902, 904.2.6.4. 904.2.10.2
Aircraft Hangars Standard on Aircraft Hangars NFPA 409-1995 National Fire Protection Association.
9-5. 902, 904.1.2
Halon Fire Extinguishing System. Standard on Halon 1301 Fire Extinguishing Systems. NFPA 12A-
1992 National Fire Protection Association.
7A-19
(400"
9-6. 902 904.1.2
Standard for the Installation of Private Fire Service Mains and Their Appurtenances NFPA 24-1995.
National Fire Protection Association.
9-7: 902, 904.1.2
Installation of Sprinkler Systems in One- Two -Family Dwellings and Manufactured Homes, NFPA
13D-1996 National Fire Protection Association.
**Appendix Section 421.1; amend to read as follows:
A19.1 Scope. The provisions of this section apply to the design and construction of barriers for swimming
pools
**Appendix Section 421.1; add an exception to paragraph G to read as follows:
Exception: When horizontal members are part of a fence that is at least 6 feet (1830
mm) in height, the horizontal members need not be on the pool side of the barrier.
"Appendix Section 1107.4; added to read as follows:
1107.4 Alternate Design
Buildings regulated under State Law and built in accordance with State certified plans, including any
variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this
Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy.
**Appendix Section 1516.3, subparagraph #1; changed to read as follows:
1. Asphalt shingles. Not more than one two overlays of asphalt shingles shall be applied over an
existing asphalt or wood shingle roof.Asphalt shingle -9 applied over- wood shingles shall not 11 -ave less thart
Appendix Chapter 33 "Excavation and Grading" is hereby amended as follows:
SECTION 3304-PURPOSE
(unchanged)
SECTION-3305-SCOPE
(unchanged)
SECTION-3306-PERMITS REQUIRED
(unchanged)
SECTION-3307-HAZARDS
(unchanged)
7A-20
A
SECTION-3308-DEFINITIONS
(unchanged)
SECTION-3309-GRADING PERMITS AND REQUIREMENTS
3309.1 Permits Required.
(unchanged)
3309.2 General
1. Lot grading inspections are conducted by the engineering staff prior to placing any
concrete and at the time of the inspection of the structure.
2. The Public Works Department should be contacted for assistance with any questions,
problems, or concerns about the final grade of a lot.
3. The public works staff shall be contacted to inspect the lot while grading is still in
progress and before any concrete flatwork is set up to be poured. This will help to reduce the
chance of any significant problems arising when the final inspection is made.
3309.3 Building Permits.
1.All comments regarding lot drainage and grading are noted by thePublic Works Department
on the plot plans which are submitted to the building inspection department.
2. The following items are required to be on the plot plans for an engineering review:
a. The proper location of the structure and all flatwork as it relates to the property
lines.
b. The location and identification of all drainage, utility, and / or floodplain
easements.
C. The location and identification of any underground utilities that could possibly
have an effect on the property.
d. The proper identification of minimum finished floor elevations if required on the
approved plat.
e. Location and identification of any proposed retaining walls, drainage swales,
yard drains, french drains, or any other items that would be pertinent to the lot grading.
f. The directions of drainage flows.
7A-21
g. Topographic information to determine direction of flow and impacts on adjacent
property.
3309.4 Retaining Walls.
1. There are three basic circumstances in which retaining walls will be required. These are
as follows:
a. If a lot has been cut in order to establish a building pad for the structure, the
amount (depth) of cut will need to be retained if proper slopes (4' horizontal: 1'
minimum) cannot be established.
b. If a lot has been filled in order to establish a building pad for the structure, the
amount (depth) of fill will need to be retained if proper slopes (4' horizontal: 1' vertical
minimum) cannot be established.
If needed to facilitate proper lot drainage.
2. Any proposed wall that is over four (4) feet in height (top of footing to top of wall) is
required to be designed by a registered engineer and to have a sealed plan submitted to the
building inspection department for approval prior to construction.
3309.5 Driveways.
1. Any driveways or any other flatwork that is to be located on or near the property line,
and has the potential to drain directly onto the adjoining property, must be curbed, inverted
or sloped in such a manner as to drain in accordance with the required drainage plan.
2. The public works staff shall be contacted to discuss proposed grades of driveways and
on the flatwork and inspect the established final grade before any concrete pour is initiated.
3309.6 Drainage Swales.
1. Drainage swales are needed in most cases to facilitate proper lot drainage in accordance
with the required subdivision drainage plan or as required by the natural grade as shown on the
City's topographic maps. These swales should be constructed in such a manner as to:
a. Be maintainable by the homeowner. (No slopes steeper than 4' horizontal: 1'
vertical).
b. Be able to carry the anticipated amount of rainwater runoff.
7M22
'400.1 C. Minimize erosion problems within the swale itself. This can be accomplished
by sodding any swales that could possibly carry a large volume of water.
2. The location of these swales is up to the builder or superintendent in charge of the
project. Generally, swales are placed at or near the property lines so as to meet the given
drainage requirements.
3. If possible, swales through the center of side or rear yards should be avoided in
anticipation of future improvements such as pools and/or spas which could potentially block a
drainage swale located in these areas.
4. The minimum grade allowed for grass swales is one (1) percent. Lesser slopes may be
considered for concrete or stone lined swales.
3309.7 Side Slopes. The maximum percentage of a slope that is allowed is 4:1. This means that for
every four (4) feet of horizontal distance a maximum one (1) foot rise/fall vertically is allowed. Any
slope that is steeper than 4:1 should be retained. -It is also recommended that any slope approaching
a 4:1 slope should be sodded to reduce the possibility of erosion.
3309.8 Fill Permits. Any lots that require flood plain areas to be filled shall contact the Public
Works Department in order to process a fill permit in conformance to Federal and City requirements.
3309.9 VARIANCE TO SUBDIVISION PLANS. In general, all grading shall conform to the
grading and drainage as shown on the approved subdivision plans. In those instances where the
applicant proposes to change the grading as shown on the approved subdivision plans, the applicant
shall be required to provide a detailed drainage study showing the impacts of the proposed changes
on adjacent properties.
**U.B.C. Standard No. 9-1 is changed to read as follows:
UNIFORM BUILDING CODE STANDARD 9-1
INSTALLATION OF SPRINKLER SYSTEMS
See Sections 307.11.3; 404.3.1; 405.1.1; 405.3.4; 804.1; 902; 904.1.2; 904.1.3;904.2.6.3;
904.2.8; 904.2.9; 2603.7.1; 2603.8.1, Item 4; Appendix 327.2, Uniform Building Code
This standard, with certain exceptions, is based on the National Fire Protection Association Standard
for the Installation of Sprinkler Systems, NFPA 13-1996-P9g}.
Part I of this standard contains the exceptions to NFPA 13-1996.
**Delete all of Part I and Part II and replace with a new Part I to read as follows:
Part I
SECTION 9.101 -- AMENDMENTS
7A-23
(610"
The National Fire Protection Association standard adopted by this standard applies to the selection,
installation, acceptance inspection and acceptance testing of sprinkler systems, except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or. from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 24, Standard for the Installation of Private Fire Service Mains and Their
Appurtenances, shall be taken to mean U.B.C. Standard 9-6 of this code.
3. All references to NFPA 409, Standard on Aircraft Hangars, shall be taken to mean U.B.C.
Standard 9-4 of this code.
4. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code,
as adopted by this jurisdiction.
5. All references to NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two -
Family Dwellings and Manufactured Homes, shall -be. takento mean U.B.C. Standard.9-7 of this code.
6. All references to NFPA 13-R, Standard for the Installation of Sprinkler Systems in Residential
Occupancies up to and Including Four Stories in Height, shall be taken to mean U.B.C. Standard 9-3
of this code.
7. All references to NFPA 14, Standard for the Installation of Standpipe and Hose Systems, shall
be taken to mean U.B.C. Standard 9-2.
8. Sec. 1-1 is amended by changing the note to read as follows:
Consult other recognized and accepted standards for additional requirements relating to water supplies.
9. Sec. 1-4 is amended by changing the definition of "approved" and "listed" as follows:
The definitions of "approved and "listed" shall be as set forth in Volume I of this code.
10. Sec. 1-4.1 is amended by deleting the definitions of the terms "limited combustible material,"
"noncombustible material," "should" and "standard;" by deleting the note following the definition of
"sprinkler system;" and by adding a definition for "thermal barrier" to read as follows:
Thermal Barrier is a material that will limit the average temperature rise of the unexposed surface to
not more than 250° F. (121° C.) After 15 minutes of fire exposure complying with nationally recognized
standards.
11. Sec. 1-4.7 is amended to read as follows:
1.4.7 For the purpose of determining the level of protection to be provided by required sprinkler system
installations, Table 1.4.7 shall be used.
For hazard classifications other than those indicated, see appropriate nationally recognized standards
for design criteria.
When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and
installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with
a minimum design area of 3,000 square feet (279 ml).
Use is considered undetermined if not specified at time permit is issued.
7A-24
Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility
of the occupant to upgrade the system to the required density for the new occupancy.
Other Uniform Codes or standards contain sprinkler system design criteria for Fire control or
suppression of specific hazards.
Table 1.4.7 -- Hazard Classification
Occupancy of Building or Portion Thereof
Group A Occupancies used as meeting rooms, library reading rooms, restaurant
seating areas, clubs, theaters, museums, health clubs, educational classrooms
and churches. Group B Occupancies used as offices, data processing areas,
colleges and universities. Group E Occupancies other than shops and
laboratories. Group I Occupancy living and sleeping areas. Group R, Division
1 Occupancies.' Typically these uses are such that the quantity and
combustibility of contents is such that relatively low -rate -of -heat -release fires
would be expected.
Groups B, F and S Occupancies used for light manufacturing, commercial
kitchens, laundries, automobile parking garages, bakeries, canneries, electronic
plants, beverage manufacturing and glass products manufacturing plants not
producing dust or fibers. Typically these uses are such that the quantity of
combustibles is relatively low, the combustibility of contents is moderate,
storage does not exceed 8 feet (2438 mm) in height, and moderate -rate -of -heat -
release fires would be expected.
Groups B, F, M and S Occupancies used for chemical plant laboratories,
mercantile, machine shops, printing, plants, library stack areas, metal working,
wood product assembly, textile manufacturing, confectionery products, cold
storage warehouses,2 cereal mills, service stations and repair garages. Typically
these uses are such that the quantity of combustibles is moderate. The
combustibility of contents is moderate, storage does not exceed 12 feet (3658
mm) in height2 and moderate -rate -of -heat -release fires would be expected.
Also:
Group A Occupancies such as exhibition halls. Group B, F and S Occupancies
used as to tobacco products manufacturing, paper and pulp mills, piers and
wharfs, and warehousing2 of higher combustible contents (including
packaging). Group H Occupancies used as feed mills, tire manufacturing,
chemical plants, repair garages and woodworking. Group H, Division 6
Occupancies (except extra -hazard areas). Typically these uses are such that
high -rate -of -heat -release fires would be expected and the spread of fire would
be rapid.
7A-25
Hazard
Classification
Light
Ordinary
Group 1
Ordinary
Group 2
Group H Occupancies used for printing [using inks with flash points below Extra Hazard
100' F. (38' Q, combustible hydraulic fluid -use areas such as die casting and Group 1
metal extruding, upholstering with plastic foam, rubber reclaiming,
compounding, drying, milling, vulcanizing, plywood and particle board
manufacturing, saw mills, textile picking, opening, blending, gametting,
carding and combining of cotton, synthetics, wool shoddy or burlap. Typically
these uses are such that a significant fire hazard exists.
Group H Occupancies used as asphalt saturating, flammable liquids spraying, Extra Hazard
flow coating, open oil quenching, varnish and paint dipping, solvent cleaning, Group 23
and manufactured home or modular building manufacturing (where the finished
building enclosure is present and has combustible interiors). These uses are
such that a severe fire hazard exists.
' See also Section 5-3.2
z For high -piled storage, see Article 81 of the Fire Code.
3 For additional or more stringent criteria, see Article 79 or 80 of the Fire Code.
12. Sec. 2-1.1 is revised to read as follows:
2-1.1 All materials and devices shall be listed and approved.
13. Sec. 2-3.5 is revised to read as follows:
2-3.5 Other types of pipe or tube, such as plastic, may be used if it is investigated and found to be listed
for this service.
14. Sec. 2-8.1 is revised to read as follows:
2-8.1 The fire department connection(s) shall be internal swivel fittings having national standard hose
thread or as approved by the chief.
15. Sec. 2-9.1 is revised by changing the last line as follows: "on the premises within two minutes
after such flow begins."
16. Sec. 2-9.5.1 is revised to read as follows:
Electrically operated alarm attachments forming part of an auxiliary, proprietary, remote station or local
signaling system shall be installed in accordance with Fire Code Standard No. 14-1.
17. Sec. 3-9.1 is revised by deleting the last sentence.
18. Sec. 4-2 is revised by changing the last item to read as follows:
Storage - High -piled storage (as defined in the Fire Code) -- 40,000 square feet (3716 mz).
(Exception to remain unchanged.)
19. Sec. 4-6.4.1.2 is revised by changing Exception 3 to read as follows:
Exception No. 3: Where sprinklers are installed under composite wood joists less than 16 inches (406
mm) in depth, sprinkler deflectors shall be a minimum of 1 inch (25 mm) and a maximum of 6 inches (152 mm)
below the bottom of the composite woodjoist and the joist channels shall be fire stopped the full depth of the
7A-26
(400.1 joist with a material equivalent to the web construction so that individual channel areas do not exceed 300
square feet (27.9 m1). Where the depth of the composite wood joist is 16 inches (406 mm) or greater, protection
shall be provided by using one or more of the following methods:
(a) Provide a sprinkler in each joist channel. The distance between sprinklers within the joist channel
shall not exceed l5 feet (4572 mm).
(b) Protect the composite wood joist with 5/8-inch (16 mm) Type X gypsum wallboard attached directly
to the bottom of the composite wood joist. Joist channels shall be fire -stopped the full depth of the joist with
a material equivalent to the web construction so that the volume of individual channels do not exceed 160 cubic
feet (4.53 ml).
(c) Completely fill the channel with noncombustible insulation. The insulation shall be secured to
prevent the insulation from falling. Joist channels shall be fire -stopped the full depth of the joist with a material
equivalent to the web construction so that the volume of individual channels does not exceed 160 cubic feet (4.53
m').
20. Sec. 4-14.2.1.2 is revised to read as follows:
When sprinkler piping is installed in storage racks as defined in Fire Code Standard 81-2, piping shall be
substantially supported from the storage rack structure or building in accordance with all applicable provisions
of Sections 4-14.2 and 4-14.4.3.
21. Sec. 4-15.1.1.1 is revised to read as follows:
Local water -flow alarms shall be provided on each sprinkler system having more than five sprinklers and shall
be located in an area approved by the Chief.
22. Sec 5-2.3.1.1 is revised by substituting "nationally recognized" for "NFPA" in the first line
of Exception 1.
23. Sec. 5-3.4.1 is revised by substituting "nationally recognized" for "NFPA" in the second line
of the text.
24. Sec. 6-1.1.1(1) is revised to read as follows:
6-1.1.1(1) Manufacturing data sheets for sprinkler head which contain at least the following information:
-Make
-Type
-K-factor
-Nominal orifice size
-Temperature rating
-Minimum operating pressures and discharge rates for proposed area of coverage.
25. Sec. 8-4.1 is revised to read as follows:
8-4.1 The installer of the system shall provide the owner with written instructions and information relating to
the care and maintenance of the sprinkler system, with special attention given to the sprinkler system devices.
Subsections (a) and (b) are deleted.
26. Chapter 9 is deleted.
27. Sec. 10-1.1 is revised to read as follows:
(400, 10-1.1 A sprinkler system installed under this standard shall be maintained in accordance with Article 10 of the
Fire Code.
7A-27
28. Chapter 11 is deleted.
**U.B.C. Standard No. 9-2 is changed to read as follows:
UNIFORM BUILDING CODE STANDARD 9-2
STANDPIPE SYSTEMS
See Sections 902, 904.1.2 and 904.5.1, Uniform Building Code
This standard, with certain exceptions, is based on the National Fire Protection Association Standard
for the Installation of Standpipe and Hose Systems, NFPA 14-1996 +39;3.
Part I of this standard contains exceptions to NFPA 14-1996.1-993. Part 11 of this stttndftrd eantftins i *PA
14 1993 reprodueed in its entirety with permission of the publisher-
wwwwww vertiettily in the margin of Pm4 11 indiefttes there is ft revision to the. Min P"t i.
Unless specifically adopted elsewhere, supplemental standards referenced in this primary standard shall
only be considered to be guidance material subject to the approval of the authori1y having jurisdiction
building effieift4.
**Delete all of Part I and Part II and replace with a new Part I to read as follows:
Part I
SECTION 9.201 -- AMENDMENTS
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 13, Standard for the Installation of Sprinkler Systems, shall be taken
to mean U.B.C. Standard 9-1 of this code.
3. All references to NFPA 24, Standard for the Installation of Private Fire Service Mains and
Their Appurtenances, shall be taken to mean U.B.C. Standard 9-6 of this code.
4. Sec. 3-2.4 is revised to read as follows:
3-2.4 Manual - Dry. A manual -dry standpipe system shall be a dry standpipe system that does not
have a permanent water supply attached to the system. Manual -dry systems need water from a fire
department pumper (or the like) to be pumped into the system through the fire department connection in
order to supply the system demand. Manual -Dry standpipe systems may not be installed except in areas
subject to freezing and with the approval of the Authority Having Jurisdiction.
5. Sec. 3-3.1 is revised to read as follows:
7A-28
C" 3-3.1 Class I Systems. A Class I standpipe system shall provide 2-1/2 in. (63.5-mm) hose
connections to supply water for use by fire departments and those trained in handling heavy fire streams.
All Class I standpipes systems shall be:
l . Water filled at all times: or.
2. Supervised with a minimum of 10 psig and a maximum of 40 12sia air pressure with a
high/low alarm.
6. Sec. 5-3.2(f) is revised to read as follows:
(f) Where the most remote portion of a nonsprinklered floor or story is located in excess of 150 ft
(45.7 m) of travel distance from a required exit or closest point of approved fire department access, or the
most remote portion of a sprinklered floor or story is located in excess of 200 ft (62 in) of travel distance
from a required exit, or closest point of approved fire department access, additional hose connections shall
be provided, in approved locations, where required by the local fire department.
7. Sec. 5-7(a) is revised by adding a second exception to read as follows:
Exception No. 2: Standpipe systems that are a portion of an approved sprinkler system may utilize a Fire
Department pumper in operation at the Fire Department connection to meet the 100 psi hydraulic
calculation requirements, subject to the approval of the Authority Having Jurisdiction.
8. Sec. 5-9.1.1 is revised by adding a second exception to read as follows:
Exception No. 2: In all fully sprinklered buildings, except high rises, the flow rate requirement of 500 GPM
(W for the most remote standpipe, and 250 GPMfor additional standpipes may be calculated utilizing a Fire
Department pumper in operation at the systems Fire Department connection, subject to the approval of the
Authority Having Jurisdiction.
9. Chapter 10 is deleted.
**U.B.C. Standard No. 9-3 is changed to read as follows:
UNIFORM BUILDING CODE STANDARD 9-3
INSTALLATION OF SPRINKLER SYSTEMS IN
GROUP R OCCUPANCIES FOUR STORIES OR LESS
See Sections 804.1, 805, 902, 904.1.2, 2603.7.1 and 2603.8.1,
Uniform Building Code
**Delete all of Part I and Part H and replace with a new Part I to read as follows:
Part I
SECTION 9.301— ADOPTION OF NFPA STANDARD
Except for the limitations, deletions, modifications and amendments set forth in Section 9.302 of this standard,
the installation of sprinkler systems in Group R Occupancies required by this code shall be in accordance with
7A-29
(400, the Standard for the Installation of Sprinkler Systems in Residential Occupancies, NFPA 13R-1996, or U.B.C.
Standard 9-1.
SECTION 9.302 -- AMENDMENTS
The National Fire Protection Association standard adopted by Section 9.301 applies to the selection, installation,
acceptance inspection and acceptance testing of sprinkler systems in residential occupancies four stories or less,
except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to
mean U.B.C. Standard 9-1 of this code.
3. Sec. 1-3 is amended as follows:
The definitions of "approved" and "listed" shall be as set forth in Volume 1 of this code.
The definitions of "should" and "standard" are deleted.
The definition of "residential occupancies" is revised as follows:
(XV, RESIDENTIAL OCCUPANCIES are Group R Occupancies.
4. Sec. 2-3.2 is revised by changing the reference to "NFPA 20 and 22" to "nationally recognized
standards".
5. Secs. 2-7.1 and 2-7.2 are added as follows:
2-7.1 A sprinkler system installed under this standard shall be maintained in accordance with the Fire
Code.
2-7.2 The installer of the system shall provide the owner with written instructions and information
relating to the care and maintenance of the sprinkler system, with special attention given to the sprinkler system
devices.
6. Chapter 3 is deleted.
**U.B.C. Standard No. 9-4 added to read as follows:
UNIFORM BUILDING CODE STANDARD 9-4
STANDARD ON AIRCRAFT HANGARS
(W See Section 902.1.3. 904.1.2. 904.2.6.4 and 904.2.10.2
Uniform Building Code
7A-30
(W
SECTION 9.401 — ADOPTION OF NFPA STANDARD
Except for the limitations deletions modifications and amendments set forth in Section 9.402 of this standard,
the installation of fire -extinguishing systems in aircraft hangars of Group H. Division 5 and Group S. Division
5 Occupancies required by this code shall be in accordance with the Standard on Aircraft Hangars. NFPA 409-
1995.
SECTION 9.402 -- AMENDMENTS
The National Fire Protection Association standard adopted by Section 9.401 applies to the selection, installation,
acceptance inspection and acceptance testing of fire -extinguishing systems in aircraft hangars of Group H.
Division 5 and Group S. Division 5 Occupancies. except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to
mean U.B.C. Standard 9-1 of this code.
3. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code,
as adopted by this jurisdiction.
4. Sec. 1-3 is amended as follows:
The definition of "Fire Wall" is revised as follows:
Fire Wall. A wall separating buildings or subdividing a building to prevent the spread of fire and
having a fire resistance rating as required for an area separation wall as listed in Volume I of this code and
structural stability.
The definition of "Hangar Building Cluster" is revised as follows:
Hangar Building Cluster. A group of buildings with more than one area for the storage and servicing
of aircraft and all attached or contiguous structures, or structures not separated as specified in Volume I of this
code 2 3.2 or ` 2.' of this stand , as appropriate.
The definition of "Single Hangar Building" is revised as follows:
Single Hangar Building. A building with one area for the storage and servicing of aircraft and any
attached, adjoining, or contiguous structure, such as a lean-to, shop area, or parts storage area not separated as
specified in Volume I of this code 2 or ` 2.' of this _`..-.t , as appropriate.
5. Sec. 2-1.1 is amended as follows:
2-1.1* Group I and II hangars shall be assigned a construction type and constructed in accordance with the
provisions of Volume I of this code However for the purpose of using this standard. Group I hangars shall be
either Type I or Type II construction in accordance with NFPA 220, Standard on Types of Building
7A-31
(mow, Construction. For the purpose of using this standard. Group II hangars shall be constructed of any of the types
of construction specified in NFPA 220, Standard on Types of Building Construction, or any combination thereof.
6. Sec. 2-1.2 is amended as follows:
2-1.2* Mezzanines, tool rooms, and other enclosures within aircraft storage and servicing areas shall be
constructed of noneambusti material as specified in Volume I of this code
7. Sec. 2-2.1 is amended as follows:
2-2.1* Where aircraft storage and servicing areas are subdivided into separate fire areas, the separation shall
be by an area separation wall with opening protection as defined in Volume I of this code tt fire wall h&ving not
less than ft 3 hettr fire resistmtee rating. Aity openings in stieh fire walls eemmettietRing direetly between
ftireraft starage and servieing meas shttli be provided with ft listed 3 hour fire door or 3 hettr shufter ftetttat
from both sides of the wfkll. �h ere ftrefts me of different heights, the ttkilest witH shall hitye ft fire resistanee
ra6ng of not less than 3 hours.
8. Sec. 2-2.3 is amended as follows:
2-2.3* Partitions and ceilings separating aircraft storage and servicing areas from all other areas, shops, offices,
and parts storage areas shall be fire -rated when and as required in Volume I of this code l,"e a`'---` - ' hour
minutes.fire resistanee rating with opertings prateeted by listed fire dears or shutters htw* :n fire resist
rating of 45
9. Sec. 2-2.4 is amended as follows:
2-2.4 Where a storage and servicing area has an attached, adjoining, or continuous structure, such as a lean-to,
shop, office, or parts storage area, the wall common to both areas shall be fire -rated when and as required in
Volume I of this code have at least a 1 hour fire resisfetnee rating, with openings prateeted by listed fire doors
having tt tninimem fire resisttmee rating of 45 minutes tkttd aefunted fi�erft both sides of the waR
10. Sec. 2-3.1 is amended as follows:
2-3.1 Precautions shall be taken to ensure ready access to hangars from all sides. Adequate separation and fire -
rating of exterior walls as required by Volume I of this code for buildings on the same nronertv. shall be
provided to reduce fire exposure between buildings. The clear yards between buildings spee i
Titbles 2 3.2 and -2 3.3 shall not be used for the storage or parking of aircraft or concentrations of combustible
materials, nor shall buildings of any type be erected therein.
11.
Sec. 2-3.2 is deleted.
12.
Table 2-3.2 is deleted.
13.
Sec. 2-3.2.1 is deleted.
14.
Sec. 2-3.2.2 is deleted.
15.
Sec. 2-3.2.3 is deleted.
16.
Sec. 2-3.3 is deleted.
17. Table 2-3.3 is deleted.
(400, 18. Sec. 2-3.3.1 is deleted.
19. Sec. 2-3.3.2 is deleted.
VIEMN
(W 20. Sec. 2-4.3 is amended as follows:
2-4.3 Floor openings in multistoried sections of hangars shall be enclosed with partitions or protected with
construction when and as required by Volume I of this code having tt fire resistitnee rating not less than that
required far the floor eanstruetion where the apetting is mftde.
21. Sec. 2-5.1 is amended as follows:
2-5.1 Roof coverings shall be of an approved material and design as required by Volume I of this code type-afile, slate, rnetftl, or asphalt shingle, or of built ttp reefing finished with ftsphalt, slate, gr&vel, or other approved
rnmerifti. Roof eoverings shall be listed fts G699 A or G699 B when tested in fteeardtknee with NF-PA 2-5.6;
22. Sec. 2-5.2 is deleted.
23. Sec. 2-5.3 is deleted.
24. Sec. 2-5.4 is deleted.
25. Sec. 2-6.1 is amended as follows:
2-6.1 In aircraft storage and servicing areas of hangars housing other thwt tinftteled ftirer&fi, column protection
shall be required when and as required by Volume I of this code in .
26. Sec. 2-6.2 is deleted.
27. Sec. 2-10.1 is amended as follows:
2-10.1 Exposed interior insulation attached to walls and roofs in an aircraft storage and servicing area of a
hangar not provided with a sprinkler system designed itt tteeerdftnee with Ghapter 3 or Ghapter 4 of this
, shall be as specified in Volume I of this code
28. Sec. 2-10.2 is deleted.
29. Sec. 2-12.1 is amended as follows:
2-12.1* Heating, ventilating, and air conditioning equipment shall be installed, as applicable, in accordance with
am
• . • .. .. ... w.•.•....,�..,�,�k........K,.�,�...,
ppprp
30. Sec. 2-12.3 is amended as follows:
2-12.3 In aircraft storage and servicing areas of hangars hattsing other than tinfeeled airertA, hangar heating
plants that are fired with gas, liquid, or solid fuels not covered under 2-12.5 of this section and that are not
located in a detached building shall be located in a room constructed as required in the Mechanical Code and
Volume I of this cod.- separeAed from other parts of the hftngar by eanstmetiett hwying vA least a 1 hour fire
wee rating. This separated room shall not be used for any other hazardous purpose of combustible storage,
eammunieating with ether portions of the hiingftr shall be restffi;-Wed *.-a thase neeessary for dtlets or . '.
Penetrmiens of the 1 hatir fire resistmee rated enelestire 9611 be firestepped with mt ttppreyed tyWeriet! properly
inst-ftiled md ftkpable of mikintftining the required fire resistftnee rating for the enelestire. Etteh stteh duet shttI4
7A-33
31. Sec. 2-12.6 is amended as follows:
2-12.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be
installed in accordance with the Mechanical Code ,
32. Sec. 2-12.7 is amended as follows:
2-12.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in
accordance with the Mechanical Code
33. Sec. 2-13.3 is amended as follows:
2-13.3 In aircraft storage and servicing areas of hangars housing other thftn unfiteled ftirem.ft., main distribution
panels, metering equipment, and similar electrical equipment shall be located in a room separated from the
aircraft storage and servicing areas when and as required by the Electrical Code and Volume I of this code by
Big MT
it partifien h I ing ftt least tk 1 heer fire resistftnee rating. 44te partition shitil not be pettetrEAed eiteept by
eleetriettl rfteewftys, whieh shall be preteeted by ttppreved settling methods ntikintttining the sftme fire resistanee
rating fks the Partition.
C" 34. Sec. 2-16.1 is amended as follows:
2-16.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume I of this code
35. Sec. 2-17 is amended as follows:
2-17* Materials for Draft Curtains. Where provided, draft curtains shall be constructed as required in Volume
I of this code
fire and shall be tightly fitted to the underside of the mef or ee4ing. Any opetting in draft stops shEtll be
provided with self-elesing dears eettstrueted of meAerials equi-valent in fire resistattee to the dreA stop itself.
36. Sec. 5-1.1 is amended as follows:
5-1.1* Group III hangars shall be assigned a construction type and constructed. in accordance with the
provisions of Volume I of this code However for theVurpose of using this standard. Group III hangars shall
be constructed of any of the types of construction specified in NFPA 220, Standard on Types of Building
Construction.
37. Sec. 5-1.6 is amended as follows:
5-1.6 Roof coverings shall be as required in Volume I of this code listed " Gletss G, or better, where tested itt
(tow, 38. Sec. 5-1.7 is amended as follows:
7A-34
5-1.7 Exposed interior insulation attached to walls and roofs in aircraft storage and servicing areas shall be as
specified in Volume I of this code tteneembustible as defined in 4FPA 229, S�ffltdm-L4 Ott Types tqCBtA4h
C-Onsirtw6ofs.
designed in ikeeardanee with Ghapter 4 of this standard, exposed interior inselation a"ttehed to wails and raaf�
E-Onsft-tietion..
39. Sec. 5-2.1 is deleted.
40. Table 5-2.1 is deleted.
41. Sec. 5-2.2 is deleted.
42. Sec. 5-2.3 is amended as follows:
2.3 Partitions and ceilings separating aircraft storage and servicing areas from other areas, such as shops, offices,
and parts storage areas, shall be fire -rated when. and installed as, required by Volume I of this code have M least
a 1 hour fire resistitnee rating with openings Frefeeted -by listed fire doers Mving it fire resistenee rating e
t__�ast3A hour.
43. Sec. 5-3.3 is deleted.
44. Table 5-3.3 is deleted.
45. Sec. 5-4.1 is amended as follows:
5-4.1 Heating, ventilation, and air conditioning equipment shall be installed, as applicable, in accordance with
the Mechanical Code and Volume I of this code ,
,
46. Sec. 5-4.3 is amended as follows:
5-4.3 Hangar heating plants that are fired with gas, liquid, or solid fuels not covered under 5-4.5 of this section,
and that are not located in a detached building, shall be located in a room constructed as required by the
Mechanical Code and Volume I of this code
at least it 1 hour fire resistftnee ritting. This separated room shall not be used for any other hazardous purpose
or combustible storage itnd shall have no direet fteeess from the aireraff store atea. 9penings-in
the walls of suelt reams eemmunienting with other portions of the hftnger sqlh._P�I I h— _P P _P 9 *.r.; _P t. _P'_53 �. 0 _e n e e e s 9 M
itppreved material proper!y insttkiled etnd eitpable of mftittfaitting the required fire resisttknee rating fie
enelasure. Faeh seeh dtief shitil be preteeted with ft listed auternatie fire dwnper or doer. All air for eambesti
purposes entering stteh septkrmed reerns shall be dr&wn Frem atitside the build' _
Sec. 5-4.6 is amended as follows:
5-4.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be
installed in accordance with the Mechanical Code ,
and in accordance with the applicable provisions of Section 5-4 of this chapter.
48. Sec. 5-4.7 is amended as follows:
7A-35
5-4.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in
accordance with the Mechanical Code ,
49. Sec. 5-8.1 is amended as follows:
5-8.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume I of this code �*PA
.
50. Chapter 7 is deleted.
**U.B.C. Standard 9-5 added to read asfollows:
UNIFORM BUILDING CODE STANDARD 9-5
INSTALLATION OF HALON 1301 FIRE EXTINGUISHING SYSTEMS
See Section 902.1.4. Uniform Building Code
SECTION 9.501- ADOPTION OF NFPA STANDARD
Except for the limitations. deletions. modifications or amendments set forth in Section 9.502 of this standard
the installation of Halon 1301 Fire Extinguishing Systems required by this code shall be in accordance with the
"Standard on Halon 1301 Fire Extinguishing Systems, NFPA 12A- 1992.
SECTION 9.502 - AMENDMENTS
The National Fire Protection Association standard adopted by Section 9.501 applies to the selection. installation.
acceptance inspection and acceptance testing of Halon 1301 Fire Extinguishing Systems except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code,
as adopted by this jurisdiction.
3. Chapter 5 is deleted.
**U.B.C. Standard No. 9-6; added to read as follows:
UNIFORM BUILDING CODE STANDARD 9-6
INSTALLATION OF PRIVATE FIRE SERVICE MAINS
AND THEIR APPURTENANCES
See Section 902.1.5. Uniform Building Code
SECTION 9.601- ADOPTION OF NFPA STANDARD
Except for the limitations, deletions_ modifications or amendments set forth in Section 9.602 of this
standard. the installation of private fire service mains and their appurtenances required by this code shall be
in accordance with the "Standard for the Installation of Private Fire Service Mains and Their
Appurtenances, NFPA 24-1995.
SECTION 9.602 - AMENDMENTS
7A-36
The National Fire Protection Association standard adopted by Section 9.601 applies to the selection
installation. inspection. maintenance and testing of private fire service mains and their appurtenances
except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken
to mean U.B.C. Standard 9-1 of this code.
3. Sec. 1-1.1 is added as follows:
1-1.1 Other codes. When connecting to a potable water supply, other codes and provisions such as those
for the prevention of backflow, may also apply. When the fire service main is also used for potable water
supply. other codes and provisions. which may include additional permits installation requirements and
separate inspections from other AHJ departments ma also
4. Chapter 10 is deleted.
**U.B.C. Standard No. 9-7, added to read as follows:
UNIFORM BUILDING CODE STANDARD 9-7
SPRINKLER SYSTEMS IN ONE- AND TWO-FAMILY
DWELLINGS AND MANUFACTURED HOME
See Section 902.1.6. Uniform Building Code
SECTION 9.701 - ADOPTION OF NFPA STANDARD
Except for the limitations, deletions. modifications or amendments set forth in Section 9.702 of this
standard, the installation of sprinkler systems in one- and two-family dwellings and manufactured homes
required by this code shall be in accordance with the "Standard for the Installation of Sprinkler Systems in
One- and Two -Family Dwellings and Manufactured Homes NFPA 13D-1996
SECTION 9.702 - AMENDMENTS
The National Fire Protection Association standard adopted by Section 9.701 applies to the selection
installation. inspection, maintenance and testing of sprinkler systems in one- and two-family dwellings and
manufactured homes, except as follows:
1. Any standard referenced in this document that has not specifically been adopted may be
replaced with other nationally recognized standards, or with adopted provisions from Volume I of this
code or from the Fire Code, by the authority having jurisdiction.
2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken
to mean U.B.C. Standard 9-1 of this code.
3. All references to NFPA 13-R, Standard for the Installation of Sprinkler Systems in
Residential Occupancies up to and Including Four Stories in Height, shall be taken to mean U.B.C.
Standard 9-3 of this code.
4. Chapter 6 is deleted.
END
7A-37
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 694, 2"d reading, adopting the International
Mechanical Code, 1996 Edition with local amendments
BACKGROUND
The Building Board of Appeals has recommended City Council adopt the International
Mechanical Code, 1996 Edition with 1997 Supplement and local amendments. The
International Conference of Building Officials reviewed and revised the former
Uniform Mechanical Code.
The North Central Texas Council of Governments also recommends the adoption of this
code with the inclusion of its regional amendments. The administrative chapter has
been removed in favor of the current Administrative Code.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 694, 2' reading, adopting the
International Mechanical Code, 1996 Edition with the 1997 Supplement and local
amendments. Please place this item on the March 3, 1998 Regular City Council
Agenda for City Council review and consideration.
Attachments: Proposed Ordinance No. 694
7B-1
ORDINANCE NO.694
AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL
CODE, 1996 EDITION AND THE 1997 SUPPLEMENT TO THE
INTERNATIONAL MECHANICAL CODE; PROVIDING FOR THE
ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; 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, City Council of the City of Southlake deems it necessary to adopt this
ordinance governing requirements for the installation and maintenance of heating, ventilating,
cooling, and refrigeration systems in order to protect the health, safety and welfare of the citizens
of the City of Southlake.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
That the International Mechanical Code, 1996 Edition, as modified by the 1997
Supplement to the International Mechanical Code both being published by the International Code
Council, Inc., is hereby adopted as the Mechanical Code of the City of Southlake. A true and
correct copy of this Code is attached to this ordinance as Exhibit "A."
SECTION 2
That the 1996 International Mechanical Code as modified by the 1997 Supplements to the
International Mechanical Code, as adopted herein, is hereby amended as provided in Exhibit "B"
78-2
incorporated herein and attached hereto for all purposes of this ordinance. To effectuate future
modifications, the City council shall enact individual ordinances amending this ordinance fully
setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit
"B" to this ordinance.
SECTION 3
The material contained in Exhibit "A" to this ordinance shall be maintained as a public
record in the office of the City Secretary. These exhibits will be available for public inspection
and copying during regular business hours.
SECTION 4
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 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
7B-3
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 any ordinances affecting the installation and maintenance of heating,
ventilating, cooling, and refrigeration systems 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 buy may be -prosecuted until final disposition by the courts.
SECTION 8
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 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 ordnance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official
City newspaper one time within ten days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
C. 3
7B-4
SECTION 10
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1998.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
(am.,
7B-5
EXHIBIT "B"
LOCAL AMENDMENTS TO THE 1996 INTERNATIONAL MECHANICAL CODE
The following sections, paragraphs, and sentences of the
International Mechanical Code, 1996 Edition, are hereby amended as
follows:
"Section 201.3; changed to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the
building, electrical, fire prevention or plumbing codes, such terms shall have meanings ascribed to them
as in those codes.
"Section 202; the definitions of "Code Official" and "Hazardous Location" are changed and new
definitions are added to read as follows:
BUILDING CODE shall mean the Building Code as adopted by this jurisdiction.
CODE OFFICIAL. The officer or other designated authority charged with the administration and
enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code
Official shall be the Building Official.
ELECTRICAL CODE shall mean the National Electrical Code as adopted by this jurisdiction. For the
purpose of this code, all references to NFPA 70 shall be assumed to mean the electrical code as defined
herein.
FIRE PREVENTION CODE (FIRE CODE) shall mean the Fire Code as adopted by this jurisdiction.
HAZARDOUS LOCATION. As used in this code, any location considered to be a fire hazard for
flammable vapors, dust, combustible fibers or other highly combustible substances. The location is not
necessarily categorized in the building code as a high -hazard use group classification.
MECHANICAL CODE shall mean this code as adopted by this jurisdiction.
PLUMBING CODE shall mean the Plumbing Code as adopted by this jurisdiction.
"Section 301.1; changed to read as follows:
301.1 Scope. This chapter shall govern the approval and installation of all equipment and appliances that
comprise parts of the building mechanical systems regulated by this code ka- _ith co^+'^^ 101
(48w,
96 IMC 11/20/97
5
7e-6
"Section 301.6, changed to read as follows:
301.6 Conflicts. Where conflicts between this code and the conditions of listing or the manufacturer's
installation instructions occur, the provisions of this code shall apply unless in the opinion of the Code
Official the conditions of listing or the manufacturer's installation instructions when taken as a whole
a higher level of
"Sections 302.2, 302.3, 302.3.1 and 302.3.1.1; delete and replace with the following:
302.2 Cutting, notching and boring holes. All cutting, notching and boring of wood framing members
shall be in accordance with the Building Code.
"Section 304. 7; changed to read as follows:
304.7 Clearances from grade. Equipment installed at grade level shall be supported on a level concrete
slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or it shall
be suspended a minimum of 6 inches (152 mm) above adjoining grade.
"Section 306.3.1; changed to read as follows:
306.3.1 Electrical requirements: A lighting fixture controlled by a switch located at the required
passageway opening and a receptacle outlet shall be provided at or near the equipment location in
accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent
physical damage.
"Section 306.4.1; changed to read as follows:
306.4.1 Electrical requirements: A lighting fixture controlled by a switch located at the required
passageway opening and a receptacle outlet shall be provided at or near the equipment location in
accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent
physical damage.
"Section 306.5; changed to read as follows:
306.5 Equipment on roofs or elevated structures. Where equipment and appliances requiring access
are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be
ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor
level below and shall extend to the equipment's level service space. Such access shall ... (bulk of section
to read the same)... on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent
slope).
96 IMC
F
7B-7
11/20/97
A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical
Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
**Section 306.6; add a second paragraph to read as follows:
A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical
Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
**Section 306.6.1 added to read as follows:
306 6 1 Catwalk On roofs having slopes greater than 4 in 12, a catwalk at least 16 inches in width with
substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the
working platform at the appliance.
**Section 307.2.2; add a second paragraph to read as follows:
Condensate waste pipes from air-cooling coils shall be sized in accordance with equipment capacity as
follows:
Equipment Capacity
in tons of refrigeration
Up to 20 tons
Over 20 to 40 tons
1 inchOver 40 to 90 tons
Over 90 to 125 tons
Over 125 to 250 tons
Condensate Pipe
Minimum Inside Diameter
3/4 inch
1 1 /4 inch
1 '/2 inch
2 inch
The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by
the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the pipe running
three-quarters full.
*Any section or table not reprinted herein, shall be assumed to be deleted Chapter 4 is changed to only
read as follows:
CHAPTER 4
VENTILATION
SECTION 401 - GENERAL
401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be
occupied. This chapter does not govern the requirements for smoke control systems. Should any conflict
occur between this chapter and the Building Code, the Building Code shall take precedence.
96 IMC 11/20/97
7B-8
401.2 Ventilation required. Every occupied space shall be ventilated by natural means
or by mechanical means in accordance with the Building Code Section 403.
401.3 When required. Ventilation shall be provided during the periods that the room or space is
occupied.
401.4 Vestibule ventilation. Vestibule ventilation for smokeproof enclosures shall be in accordance with
the building code.
401.7 Opening location. Outside air exhaust and intake openings shall be located a minimum of 10 feet
(3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way,
the distance shall be measured to the centerline of the street or public way.
Exception: Use Group R-3.
401.7.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum
of 10 feet (3048 mm) from any hazardous or noxious containment, such as vents, chimneys, plumbing
vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. Where
a source of contaminant is located within 10 feet (3048 min) of an intake opening, such opening shall be
located a minimum of 2 3 feet (64.4 915 mm) below the contaminant source.
401.7.2 Exhaust openings. Outside exhaust openings shall be located so as not to create a nuisance.
Exhaust air shall not be directed onto walkways. For Type I and II hood exhaust outlets, see Sections
506.17 and 506.18.
401.8 Outside opening protection. Air exhaust and intake openings that terminate outdoors shall be
protected with corrosion -resistant screens, louvers or grilles having a minimum opening size of 1/4 inch
(6.4 mm) and a maximum opening size of '/2 inch (12.7 mm), in any dimension. Openings shall be
protected against local weather conditions. Outdoor air exhaust and intake openings located in exterior
walls shall meet the provisions for exterior wall opening protectives in accordance with the building code.
401.9 Contaminant sources. Stationary local sources producing air -borne particulates, heat, odors, fumes,
spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided
with an exhaust system in accordance with Chapter 5 or a means of collection and removal of the
contaminants. Exhaust required by this section shall discharge directly to an approved location at the
exterior of the building.
SECTION 403 - MECHANICAL VENTILATION
403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return
or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust
air. The system shall not be prohibited from producing a negative or positive pressure. The system to
convey the ventilation air shall be designed and installed in accordance with Chapter 6.
Ventilation supply systems shall be designed to deliver the required rate of supply air to the zone
within the occupied space between 3 inches (76 mm) and 72 inches (1829 mm) above the floor and more
than 2 feet (610 mm) from the enclosing walls.
403.2.1 Recirculation of air. The amount of outside air required by the Building Code Sec4-e44shall
not be recirculated. Air in excess of the outside air that required by the Building Code shall
11/20/97
96 IMc
78-9
not be prohibited from being recirculated as a component of supply air to building spaces, except that:
X.J
Ventilation air shall not be recirculated from one dwelling to another or to dissimilar occupancies.
Supply air to a swimming pool and associated deck areas shall not be recirculated unless such air
is dehumidified to maintain the relative humidity of the area at 60 percent or less and such
recirculation is in accordance with Section 401.9. Air from this area shall not be
recirculated to other spaces.
"Section 501; add a second paragraph to read as follows:
Where differences occur between the provisions of this cha
provisions of the building or fire codes shall apply.
"Section 502.4, changed to read as follows:
r and the building or fire codes, the
502.4 Spray -painting and dipping rooms. Rooms or booths utilized for spray painting or dipping shall
have a mechanical exhaust system that complies with the fire prevention code and �T� 3 2 Building Code
for. pr—ay p ;nUag or. I F42 A zd for dipping. The exhaust system shall have automatic controls to ensure
its operation while spray painting or dipping is being conducted.
"Section 502. 7, changed to read as follows:
502.7 LP -gas distribution facilities. LP -gas distribution facilities shall be ventilated in accordance with
Nl pis the applicable provisions of the Fire Code, Building Code and this code.
"Section 502.10, changed to read as follows:
502.10 Public garages. Mechanical exhaust systems for public garage in Chapto,. 4, shall
shall operate in accordance with the Building Code.
"Section 502.12; changed to read as follows:
502.12 Tire rebuilding or recapping. Each room where rubber cement is used or mixed, or where
flammable or combustible solvents are applied, shall be ventilated in accordance with the applicable
provisions of'�T�r. per= the Fire Code, Building Code and this code.
"Section 502.13; changed to read as follows:
96 IMC
0
78-10
11/20/97
502.13 Specific rooms. Specific rooms, including bathrooms, locker rooms, smoking lounges and toilet
rooms, shall be exhausted in accordance with the ventilation requirements of C the Building Code
and this code.
"Section 504.6; changed to read as follows:
504.6 Domestic clothes dryer ducts. Ducts shall have a smooth interior finish with joints running in the
direction of the airflow. The maximum length shall not exceed 25 feet (7620 mm) from the dryer location
to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length
of the duct shall be reduced 2'/z feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm)
for each 90-degree (1.6 rad) bend that occur after the first two, measuring in the direction of airflow. The
exhaust duct shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall
not be reduced along it's developed length nor at the point of termination.
The entire exhaust system shall be supported and secured in place. Flexible duct connectors used in
connection with domestic dryer exhausts shall be ma4allics not more than 6 feet (1829 mm) in length and
an approved type. Flexible duct connectors shall not be concealed within construction.
"Section 505.1; add an exception to read as follows:
Exception: Ducts for domestic kitchen downdraft grill -range ventilation installed
under a concrete slab floor may be of approved Scheduled 40 PVC provided:
1 The under -floor trench in which the duct is installed shall be completely backfilled
with sand or gravel.
2 Not more than 1 inch (25.4 mm) of 6 inch diameter (152 mm). PVC coupling may
protrude above the concrete floor surface.
3 PVC pipe joints shall be solvent cemented to provided an air- and grease -tight duct.
4 The duct shall terminate above grade outside the building and shall be equipped with
a backdraft damper.
"Section 506.12; changed to read as follows:
506.12 Duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall
be enclosed ...(bulk of paragraph unchanged)... through the use of weather -protected openings. The
enclosure shall be separated from the duct by a minimum of 6 3 inches (4,5,2 76 mm) and a maximum of
12 inches (305 mm) and shall serve a single grease exhaust duct system.
Exception: The shaft enclosure provisions of Section 506.12 shall not be required
where a duct penetration is protected with a through -penetration protection system tested
in accordance with A SIM ER 14 the Building Code having an "F" and "T" rating equal
...(remainder of section to remain unchanged)... construction or product.
"Section 508.1; changed to read as follows:
11/20/97
96 IMC
10
7B-11
508.1 Makeup air. Makeup air shall be supplied during the operation of the kitchen exhaust system. The
exhaust and makeup air systems shall be connected by an electrical interlocking switch to insure that
makeup air is provided whenever the exhaust system is in operation. The amount of makeup air supplied
shall be approximately equal to the amount of exhaust air. The makeup air shall not reduce the
effectiveness of the exhaust system. Makeup air shall be provided by gravity or mechanical means or both.
Compensating hoods shall extract at least 20 percent of their required exhaust airflow from the kitchen
area.
Exception: This section shall not apply to dwelling units.
"Section 509.1; change the exception to read as follows:
Exception: Steam kettles, steam tables and equipment that as used does not create grease -
laden vapors are not required to be protected by an automatic fire -extinguishing system.
"Section 509.2; changed to read as follows:
509.2 Type of system. The automatic fire suppression system shall be of a type recognized for protection
of commercial cooking ... (bulk ofparagraph unchanged)... operations. The system shall be installed in
accordance with this code, its listing and the manufacturer's installation instructions. Other ^ "*: re�evm24i+ fire
suppression systems shall be of an approved design and shall be one of the following types EL211 o
.. . _ _ � _ __ _ _ ____aL �L ,_ ..,.0 ....«..�.� n4nv.�nr� in�it�7�P_[�•
Carbon -dioxide extinguishing system '`T�2.
(awl Automatic sprinkler system 1\T�3.
Foam -water sprinkler system or foam -water spray system '`T�16.
Dry -chemical extinguishing system '`T.� RA 1;.
Wet -chemical extinguishing system NEV e 1 ;A.
"Section 510.1; changed to read as follows:
510.1 General. This section shall govern the design and construction of duct systems for hazardous
exhaust and shall determine ... (bulk of paragraph unchanged) ... posing a health hazard, such as toxic or
corrosive materials. For the purposes of this section, the health -hazard rating of materials shall be as
specified in NFPA 704 or other approved standards.
"Section 510.6; changed to read as follows:
510.6 Penetrations. Penetrations of structural elements by a hazardous exhaust system shall conform to
Sections 510.6.1 through 510.6.4.
510.6.1 Floors. Hazardous exhaust systems that penetrate a floor/ceiling assembly shall be enclosed
in a fire -resistance -rated shaft constructed in accordance with the building code.
510.6.2 Wall assemblies. Hazardous exhaust duct systems that penetrate fire -resistance -rated wall
y assemblies shall be enclosed in fire -resistance -rated construction from the point of penetration to the
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outlet terminal
Ducts shall be enclosed in accordance with the building code requirements for
shaft construction and such enclosure shall have a minimum fire -resistance -rating of not less than the
L-0 highest fire -resistance -rated wall assembly penetrated.
510.6.3 Fire walls. Ducts shall not penetrate a any area separation fire wall or any four hour rated
occupancy separation fire wall as defined in the Building Code.
510.6.4 Fire dampers. Fire dampers are not ;@qu" permitted at penetrations of fire -resistance -rated
assemblies. An approved automatic fire suppression system shall be installed in the duct at the point
of penetration of the assembly as noted in Section 510.7.
"Section 510.7; changed to read as follows:
510.7 Suppression required. Ducts shall be protected with an approved automatic fire suppression
system, installed in accordance with the building code, at the entrance point of the duct and at the
penetration point of fire -rated -assemblies as noted in Section 510.6.4.
Exception: An approved automatic fire suppression system shall not be required
in ducts conveying materials, fumes, mists and vapors that are nonflammable and
noncombustible.
"Section 510.8.3; changed to read as follows:
r 510.8.3 Explosion relief. Systems exhausting potentially explosive mixtures shall be protected with an
approved explosion relief system or by an approved explosion prevention system ,cosignod ,„d inst2liod
;„ ,,,,,,,,,,a „,.A ,,,;*�, rrFv e �. An explosion relief system shall be designed to minimize the structural and
mechanical damage resulting from an explosion or deflagration within the exhaust system. An explosion
prevention system shall be designed to prevent an explosion or deflagration from occurring.
"Section 601.1; delete the exception.
"Section 603.17; changed to read as follows:
603.17 Location. Ducts shall not be installed in or within b 4 inches (4-53 101 mm) of the earth,
except where such ducts comply with Section 603.12.
"Section 604.1; changed to read as follows:
604.1 General. Duct insulation shall conform to the requirements of Sections 604.2 through 604.11
and Table No. 604.1. Should there be any conflicts between this section and the energy code, when
adopted, the energy code shall take precedent.
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"Table No. 604.1 added to read as follows:
C-0 DUCT LOCATION
On roof on exterior of building
Attics, garages and crawl spaces
In walls,3 within floor -ceilings ap ces3
Within the conditioned space or in
basements; return ducts in air lep nums
Cement slab or within rg ound
Table 604.1 - Insulation of Ducts
INSULATION TYPES
MECHANICALLY COOLED
C, V2 and W
A and V2
A and V2
None required
None required
HEATING INSULATION TYPES
ZONES HEATING ONLY
[ A and W
I[ B and W
II[ C and W
I A
I I A
III B
I A
II A
III B
None required
None required
NOTE: Where ducts are used for both heatin and cooling, the minimum insulation shall be as required for the most restrictive condition.
1 Heating Degree Days:
Zone I
Zone II
Zone III
below 4,500 D.D.
4,501 to 8,000 D.D.
over8,001 D.D.
2Vapor retarders shall be installed on su 1 ducts in spaces vented to the outside in geographic areas where the summer dew point
temperature based on the 2'/: ep rcent column of dry-bulb and mean coincident wet -bulb temperature exceeds 60 degrees F (15.4 degrees C).
3Insulation may be omitted on that op rtion of a duct which is located within a wall- or _a floor -ceiling space where:
�_> Both sides of the space are exposed to conditioned air.
3.2 The space is not ventilated.
3.3 The space is not used as a return plenum.
3_4 The space is not exposed to unconditioned air.
Ceilings which form lep nums need not be insulated.
INSULATION TYPES4:
A - A material with an installed conductance of 0.48 L2.72 W/ m*K or the equivalent thermal resistance of 2.1 [0.367 m*K /W .
Example ofmaterials capable of meeting the above requirements:
I -inch (25 mm), 0.60 lb./cu. ft. (9.6 kg/m3)—mineral fiber, rock, slag or glass blankets.
-inch (13 mm), 1_5 to 3 lb./cu. A. S24 to 48 kg/m3) mineral fiber blanket duct liner.
'/z-inch (13 mm), 3 to 10 lb./cu. A. JL8 to 160 kg/m3) mineral fiber board.
B - A material with an installed conductance of 0.24 I1.36 W/ m*K or the equivalent thermal resistance of 4.2 [0.735 m*K /W .
Example ofmaterials capable of meeting the above requirements:
2-inch i51 mm , 0.60 lb./cu.1 12-6- k mjmineral fiber, rock, slag or glass blankets.
1-inch L25 mm , 1_5 to 3 1b./cu. ft. S24 to 48 kg/m3) mineral fiber blanket duct liner.
1-inch (25 mm), 3 to 10 lb./cu. ft. S48 to 160 kg/m3) mineral fiber board.
C - A material with an installed conductance of 0.16 L 9 W/ m*K or the equivalent thermal resistance of 6.3 L m*K /W .
Example ofmaterials capable of meetin the above requirements:
3-inch L16 mm , 0.60 lb./cu. ft. (9_6 k mmineral fiber, rock, slag or glass blankets.
1'/z-inch K38 mm), 1_5 to 3 Ib./cu.1 C4 to 48 kg/m3) mineral fiber blanket duct liner.
I %-inch L88 mm , 3 to 101b./cu. ft. (48 to 160 kg/m3) mineral fiber board.
V _ Vapor Retarders: Material with a perm ratin not exceedin 0_5 perm j29 ng/(Pa*s*m2)]. All 'off rots to be sealed.
W - Approved weatherproof barrier.
4The example of materials listed under each type is not meant to limit other available thickness and density combinations with the
equivalent installed conductance or resistance based on the insulation only.
"Section 604.11 is deleted.
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"Section 606.3; change to read asfollows:
606.3 Installation. Smoke detectors required �y this section shall be installed in accordance with Ng"
= the manufacturer's installation instructions and as required �y the code official. The required smoke
detectors shall be installed to monitor the entire airflow conveyed ty the system including return air and
exhaust or relief air. Access shall be provided to smoke detectors for inspection and maintenance.
"Section 607.2; change to read asfollows:
607.2 Smoke dampers. Smoke dampers shall be installed where required �y the building code, shall be
listed and labeled, shall ... (bulk °f paragraph unchanged, _ or a single -station, spot -type detector
installed at the point of penetration and listed for releasing service. -^ dorA..+:^„ F4211 be- in ^Q-QQ;d"e,
72 Smoke dampers shall also close whenever the fan serving the duct system is shut off.
"Section 805.4.1; add a sentence to read asfollows:
The ventilating system shall be installed in a manner that will avoid penetrating an fire rated assemblies
which would require a damper as required by the Building Code.
"Section 909; change to read asfollows.
VENTED AND UNVENTED GAS -FIRED DECORATIVE APPLIANCES
909.1 Vented Appliances G4nas 1. Vented gas -fired decorative appliances shall be listed and labeled and
shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall
be tested in accordance with ANSI Z21.50 and shall be designed and equipped as s ep cified in Section
907.2.
909.2 Unvented Appliances. Unvented gas -fired decorative appliances shall be listed and labeled and
shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall
beequipped with an oxygen -depletion -sensitive safety shutoffsystem as described in Section 926.5. This
appliance shall not be installed in a bedroom or bathroom.
"Sections 920.1 and 920.2; change to read as follows:
920.1 General. The installation of gas -fueled and liquid -fueled stationary internal combustion engines
and gas turbines, including fuel storage and piping, shall meet the requirements of �.rF�T this code, the
dFand the Mre Code.
920.2 Powered equipment. Permanently installed equipment op wered ly internal combustion engines
and turbines shall be installed in accordance with the manufacturer's installation instructions and in
accordance with NF-P n this code, the Building Code and the Fire Code.
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I- "Section 926.2; change to read asfollows:
ivlw� 926.2.1 Prohibited use. An unvented room heater shall not be used as the sole source of comfort heating
in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling units, in
accordance with the code provisions in effect when installed, when approved �y the Code Official unless
an unsafe condition is determined to exist as described in Section 108.7.
926.2.2 Unvented room heaters shall not be installed in bathrooms or bedrooms.
Exceptions:
1. Where approved �y the code official, one listed wall -mounted unvented room heater equipped
with an oxygen depletion safe! -shutoff system shall be permitted to be installed in a bathroom rop vided
that the input 1a shall not exceed 6000 Btu per hour 1� 760 W/hr) and combustion and ventilation air
is provide d asspecified in accordance with the manufacturer's installation instructions.
2. Where approved �y the Code Official, one listed wall -mounted unvented room heater equipped
with an oxygen depletion safety shutoff system shall be permitted to be installed in a bedroom provided
that the input 1a shall not exceed 10,000 Btu per hour 22930 W/hrr) and combustion and ventilation air
is provide d in accordance with the manufacturer's installation instructions.
"Section 928.1; change to read as follows:
'AJ 928.1 General. Kerosene and oil -fired stoves shall be listed and labeled and shall be installed in
accordance with the conditions of the listin and the manufacturer's installation instructions. Kerosene
and oil -fired stoves shall comply with'`Tn� this code, the Fire Code and the Building Code. Oil -fired
stoves shall be tested in accordance with UL 896.
"Section 1204.1 and 1204.2; change to read as follows:
1204.1 Insulation characteristics. Pipe insulation installed in buildin s shall conform to the requirements
of the energy code, when adopted, shall be tested in accordance with ASTM E 84 and shall have a
in an air lep num shall comply with Section 602.2.1.
Exception: This section shall not apply to one- and two -dwellings.
1204.2 Required thickness. H dy ronic piping shall be insulated to the thickness required �y the energy
code, when adopted.
"Sections 1304.18 and 1304.18.1; change to read as follows:
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1304.18 Testing of piping. Before any system of gas piping is finally put in service, it shall be tested to
ensure that it is gas tight. Where any part of the system is to be enclosed or concealed, this test shall
rep cede the work of closing in. To test for tightness, the piping shall be filled with air or inert gas, but not
with any other gas or liquid. _ _
wf e cn
The gas piping shall stand a pressure of not less than ten (10) pounds per square inch (68.9 kPa) gauge
pressure, or at the discretion of the Administrative Authority, the piping and valves m�a y be tested at a
pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. Test
pressure r shall be held for a length of time satisfactory to the Administrative Authority, but in no case for
less than fifteen (15) minutes, with no perceptible drop in pressure. For welded pipin , and for i in
carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test
pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa) and shall be continued for a
length of time satisfactory to the Administrative Authority, but in no case for less than thirty (30) minutes.
1304.18.1 Test instruments. Test press ure shall be measured with an approved instrument. All necess
apparatus for conducting tests shall be furnished by the permit holder.
**Section 1401.1 add a second paragraph to read asfollows:
Should there be any conflict between this chapter and the Plumbing Code, the Plumbing Code shall
take precedence.
� **Section 1401.2 is change to read asfollows:
1401.2 Storage systems. Fuel oil storage and pipingsystems shall be installed in accordance with the
requirements of this code, and the fire prevention code 2—md Nnn n z i
**Sections 1401.2.1,1401.2.2 and 1401.2.3 are deleted.
**Any section or table not re rinted herein shall be assumed to be deleted. Chapter 15 is changed to
onlv read asfollows:
CHAPTER 15
SECTION 1501- GENERAL
1501.1 Scope. This chapter shall og vern the construction, installation, alteration and repair of systems and
equipment intended to utilize solar energy for space heating or cooling, domestic hot water heatin ,
swimming pool heating or process heating.
1501.2 Potable water supply. Potable water systems shall be protected against contamination in
accordance with the plumbin code.
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1501.3 Heat exchangers. Heat exchangers used in domestic water -heating systems shall be approved for
the intended use. The system shall have adequate protection to ensure that the (Tt-a—bil Fty of the water
supply and distribution system is properly safeguarded.
1501.5 Ducts. Ducts utilized in solar heating and cooling systems shall be constructed and installed in
—
accordance with Chapter 6 of this code.
**NFPA 70-96 is change to read asfollows:
70 - 96 National Electrical Code as adopted �y this jurisdiction ............
301.7, 602.2.1, 911.7, 1106.8, 1106.
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City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 695, 2°d reading, adopting the International Plumbing
Code, 1997 Edition with local amendments
BACKGROUND
The Building Board of Appeals has recommended City Council adopt the 1997 edition
of the International Plumbing Code with local amendments. The Interational Plumbing
Code was formerly know as the Uniform Plumbing Code and has been updated by the
International Conference of Building Officials.
The North Central Texas Council of Governments recommends that local municipalities
adopt this code for the enforcement of plumbing standards. NCTCOG has also provided
any necessary amendments.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 695, 2"d reading, adopting the
International Plumbing Code, 1997 Edition with local amendments. Please place this
item on the March 3, 1998 Regular City Council Agenda for City Council review and
consideration.
Attachments: Proposed Ordinance No. 695
ORDINANCE NO.695
AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE,
1997 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; 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, City Council of the City of Southlake deems it necessary to adopt this
ordinance governing requirements for the installation and maintenance of any plumbing and gas
piping systems including requirements for materials, in order to protect the health, safety and
welfare of the citizens of the City of Southlake.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
That the International Plumbing Code, 1997 Edition, published by the International Code
Council, Inc., is hereby adopted as the Plumbing Code of the City of Southlake. A true and
correct copy of this Code is attached to this ordinance as Exhibit "A."
SECTION 2
That the 1997 International Plumbing Code, as adopted herein, is hereby amended as
provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance.
The City of Southlake may from time to time determine that additional local modifications to the
1997 International Plumbing Code are necessary and appropriate to meet the unique construction
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needs of the City of Southlake. To effectuate these modifications, the City council shall enact
individual ordinances amending this ordinance fully setting forth the change to be made in the
code. The amendments shall be consolidated as Exhibit "B" to this ordinance.
SECTION 3
The material contained in Exhibit "A" to this ordinance shall be maintained as a public
record in the office of the City Secretary. These exhibits will be available for public inspection
and copying during regular business hours.
SECTION 4
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 5
(W 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
(W fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
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violation is permitted to exist shall constitute a separate offense.
(W SECTION 7
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 installation and maintenance of
plumbing and gas systems 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 buy
may be prosecuted until final disposition by the courts.
SECTION 8
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
(W 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 ordnance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official
City newspaper one time within ten days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
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This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1998.
MAYOR
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
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ATTEST:
CITY SECRETARY
11/20/97
A
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14
EXHIBIT " B"
Amendments to the
1997 International Plumbing Code
"Table of Contents, Chapter 7, Section 714; changed to read as follows:
Section 714 Engineered CompWo4md Drainage Design .................... 59
**Chapter 1, Administration; add introductory note to read as follows:
Note: The administrative provisions of the Administrative Code as adopted by this jurisdiction shall
take precedence over this chapter.
"Section 202; the definition of "Code Official" is changed and new definitions are added to read as
follows:
BUILDING CODE. Building Code shall mean the Building Code as adopted by this jurisdiction.
CODE OFFICIAL. The officer or other designated authority charged with the administration and
enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code
Official shall be the Building Official.
ELECTRICAL CODE Electrical Code shall mean the National Electrical Code as adopted by this
jurisdiction For the purpose of this code, all references to NFPA 70 shall be assumed to mean the
Electrical Code as defined herein.
FIRE PREVENTION CODE (FIRE CODE). Fire Prevention Code shall mean the Fire Code as adopted
by this jurisdiction.
MECHANICAL CODE Mechanical Code shall mean the International Mechanical Code' as adopted
by this jurisdiction.
PLUMBING CODE Plumbing Code shall mean this code as adopted by this jurisdiction.
"Section 305.6.1; changed to read as follows:
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305.6.1 Sewer depth. suildiag 9@;; o s th2t nnn14nn4 W r nr; e+o se, o a dispgs l syrrom rJael] he, a mi1;kNum
of fmam�url inntianc. /mm\ ianlnaarnictiau� nre�a et_t�fn nnan+ nF contin Pent nnnnant�,n�r Building sewers
r r
shall be a minimum of 12 inches (304 mm) below grade.
"Section 305.9, changed to read as follows:
305.9 Protection of components of plumbing system. Components of a plumbing system installed
within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they
would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner.
"Section 310.4, delete.
"Section 312.9; changed to read as follows:
312.9 Inspection and testing of backflow prevention assemblies. Inspections shall be made of all
backflow prevention assemblies to determine whether they are operable.
Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, double -
detector check -valve assemblies and pressure vacuum breaker assemblies shall be tested. Testing shall be
done in accordance with applicable local provisions. In the absence of local provisions, the owner is
oe responsible to ensure that testing is done in accordance with the following provisions:
a. The frequency of testing shall be determined in accordance with the manufacturer's
installation instructions.
b. Where the manufacturer of the assembly does not specify the frequency of testing, the
assembly shall be tested at least annually.
C. The testing procedure shall be performed in accordance with one of the following standards:
(Remainder of section unchanged)
"Section 401.4; added to read as follows:
4014 Conflict with other codes Chapter 4 is intended to provide enforceable guidelines for the plumbing
designer/installer. Should there be any conflict between this Chapter and the Building Code, the Building
Code shall take precedence.
"Section 403.1; changed to read as follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and
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in the minimum number as required by Chapter 29 of the Building Code. As a recommended but not
required alternate to the minimum number of plumbing fixtures see shouq; ii; Table 403.1 of this code or
Appendix Chapter 29 of the Building Code. Typag of n^ of shw , it 3:2hle. 4031 4211 he,
"Sections ; an delete.
"Section 404.3.1.2; add a second paragraph to read as follows:
Flush controls shall be hand operated or automatic. Hand operated controls for flushometers shall be
mounted 44 in (1120 mm) maximum above the floor on the wide side of the toilet.
REASON: To meet ADA requirements.
"Section .. ; change to rea as o ows:
405.3.1 Water closets, lavatories and bidets. A water closet, lavatory or bidet shall not be set closer than
15 inches (381 mm) from its center to any side wall, partition, vanity or other obstruction, or closer than
30 inches (762 mm) center -to -center between toilets or adjacent fixtures. There shall be at least 44 24
inches (4,5-; 609 mm) clearance in front of the water closet or bidet to any wall, fixture or door. Water
closet compartments shall not be less than 30 inches (762 mm) wide and 60 inches (1524 mm) deep. There
shall be at least 44 24 inches (457 609 mm) clearance in front of a lavatory. to any wall, fixture or door (see
Le T. gu;@ 405 3 14
"Section 405.6, delete.
"Section 409.2; change to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected
against backflow by an air gap or backflow preventer in accordance with Section 608.
"Section 410.1; change to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME Al 12.19.1, Al 12.19.2 or Al 12.19.9, and
water coolers shall conform to ARI 1010. 3X4wra water is Qeip,a.l in w tau; t 4. a hn"dpd„,:tel:
.a :z::. veaa oa
t•nnlore a;@ p;guidgd 'n gthnr nnnnr�nnninarllrinLinrt fnnntoino droll r.n+ W r-@q iroil
v..s�zwe .
Exception: A drinking fountain need not be provided in a drinking or dining
establishment.
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"Section ; changed to read as o ows:
412.4 Required location and construction. Floor drains shall be installed in the following areas.
1. In public coin -operated laundries and in the central washing facilities of multiple family
dwellings, the rooms containing the automatic clothes washers shall be provided with floor drains
located to readily drain the entire floor area. Such i1r24R_ shall Lava " tea+ nrnoo sec. n
Q f not lace +h.,n 2 4whao (76 R m) it; dia;;,a+ar
2 Toilet rooms containing two (2) or more water closets or a combination of one (1) water
closet and one (1) urinal, except in a dwelling unit. The floor shall slope toward the floor drains.
3. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may
accept floor sinks.)
"Section 413.4, changed to read as follows:
413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water.
The water supply shall be protected against backflow by an air gap or with the installation of a backflow
preventer in accordance with Section 608.
"Section 417.5; changed to read as follows:
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive,
nonabsorbent and waterproof materials.
Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from
top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a
_minimum twenty-two (22) inch (559 mm) door.
Exception: Showers designed to comply with CABO/ANSI Al 17.1.
ection 417.5.2; changed to read as,jouows:
417.5.2 Pans. Floors under shower compartments, except where prefabricated receptors have been
provided, shall be lined and made water tight by the provision of suitable shower pans of approved
material Floors under pan liners shall be sloped 1/4 inch per foot to the shower drain. Such pans shall
turn up on all sides at least 2 inches (51 mm) above the finished threshold level and shall extend outward
over the threshold and fastened to the outside of the threshold jamb. Pans shall be securely fastened to the
waste outlet at the seepage entrance, making a water -tight joint between the pan and the outlet.
Exception: Floor surfaces under shower heads provided for rinsing laid directly on the ground are
not required to comply with this section.
"Section 417.7; added to read as follows:
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417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with
water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans
shall be subjected to the test at the point where it is clamped to the drain.
"Section 419.4; delete.
"Section 501.2; changed to read as follows:
501.2 Water heater as space heater.
n movimnm nntlnt cvotnr tnmpa;a ,rn of 1 6.(lo9 (;II,oC The potability of the water shall be maintained
throughout the system.
"Section 502.5.1; added to read as follows:
502.5.1 Electrical requirements. A lighting fixture controlled by a switch located at the required
passageway opening and a receptacle outlet shall be provided at or near the equipment location in
accordance with the electrical code.
"Section . ; added to read as o ows:
502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a
water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be
made accessible by a stairway or permanent ladder fastened to the building. ,
"Section 504.7.1; changed to read as follows:
504.7.1 Discharge. The discharge from the relief valve shall be piped full-size separately to the outside
of the building with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches
(1 bl mm) above the erouna or the noor level or the area receiving the aiscnarge ana pointing aownwara;
or to an indirect waste receptor located inside the building. it arms subje^t to 4
nn7,no the.
;oko "a'A•a
app;ovad moans The discharge shall be installed in a manner that does not cause personal injury or
property damage and that is readily observable by the building occupants. The discharge from a relief
valve shall not be trapped. The diameter of the discharge piping shall not be less than the diameter of the
relief valve outlet. The discharge pipe shall be installed so as to drain by gravity flow
�tmner.linrinnllcr not morn than-6 innLna (1 G3 mm) 2b-oyo 414n floor The end of the discharge pipe shall not
be threaded.
L
97 IPC
7C-11
11/20/97
(W
"Section 504.7.2, delete.
"Section 505.1; delete.
"Section 506, added to read as follows:
506. Combustion air and ventilation. Combustion air and ventilation shall be provided as required in
Chapter 7, Chapter 8 and Section 1002 of the Mechanical Code as adopted.
"Section 604.4.1; added to read as follows:
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more resistive than
those of this section, the State flow rate shall take precedence.
(.11 "Tables 605.4 and 605.5; delete "Polybutylene (PB) plastic pipe and tubing".
"Section . ; delete items and 6.
"Section 606.2; items #1 and 2 changed to read as follows:
On the fixture supply to each plumbing fixture_ in other than o.,e and uyip_family a„d multiple,
nnit shntnff valves in hotels motels ho"diRg houses and similar. onnuPanries
On the water supply pipe to each sillcock when subject to freezing.
"Section 607.2.1; delete.
"Section 607.4; change to read as follows:
607.4 Hot water supply to fixtures. The hot water supply to any fixture requ ag hoyAate; shall be
installed on the left side of the fixture.
97 IPC 11/20/97
7C-12
**Section 608.1; changed to read as follows:
608.1 General. A potable water supply system shall be designed, in p pp y y g stalled and maintained 1n such a
manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross -connections or any other piping connections to the system. Back flow
preventer applications shall conform to applicable local regulations. In the absence of other local
regulations, backflow preventer applications shall conform to Table 608.1.
"Section ; changed to read as o ows:
608.17 Protection of individual water supplies. An individual water supply shall be located and
constructed so as to be safeguarded against contamination in accordance with applicable local regulations.
In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through
"Section 70 3; changed to read as o ows:
702.3 Building sewer pipe. Building sewer pipe shall conform to one of the standards listed in Table
N.2 702.3.
**Section 708.3.4, changed to read as follows:
708.3.4 Upper terminal Each horizontal drain shall be provided with a cleanout at its
upper terminal .
Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet
(1524 mm) in length unless such line is serving sinks or urinals.
**Section 712.5; added to read as follows:
712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any "public use"
occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors
arranged to function independently in case of overload or mechanical failure. (For storm drainage, see
Section I I11.)
(W **Section 714.1; changed to read as follows:
97 IPC 11/20/97
7C-13
ENGINEERED DRAINAGE DESIGN
714.1 Design of drainage system. The sizing requirements for plumbing drainage systems shall be
(60, determined by approved design methods.
"Section delete the exception.
"Section 802.4; change to read as follows:
802.4 Standpipes. Standpipes shall be individually trapped. Standpipes shall extend a minimum of 18
inches (457 mm) and a maximum of 42 inches (1066 mm) above the trap. Access shall be provided to all
standpipe traps and drains for rodding. No standpipe shall be installed below the floor.
"Section 904.1; changed to read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six 6
inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather
protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof.
(W "Section 904.5; changed to read as follows:
904.5 Location of vent terminal. An open vent terminal from a drainage system shall not be located
directly beneath any door, openable window, or other air intake opening of the building or of an adjacent
building, and any such vent terminal shall not be within 10 feet (3048 mm) horizontally of such an opening
unless it is at least 2 3 feet (64.4 915 mm) above the top of such opening.
"Section 912.1; changed to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor
drains, standpipes, or indirect waste receptors.
"Section 912.2; changed to read as follows:
912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection
between the fixture drain of a siak 1a;,at@Pj ^r standpipe, and the horizontal combination drain and vent
pipe. The maximum vertical distance shall be 8 feet (2438 mm).
C
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7C-14
11/20/97
"Section 1002.10, delete.
(W
"Section 1106. 1; changed to read as o ows:
1106.1 General. The size of the vertical conductors and leader, building storm drains, building storm
sewers, and any horizontal branches of such drains or sewers shall be based on five (5) inches per hour dw
rainfall rate
"Section 1201.2; changed to read as follows:
1201.2 Fuel Piping Systems. All fuel piping systems shall be sized, installed, tested and placed in
operation in accordance with the requirements of the Mechanical Code
Coo- 4, Chapter-13, Fuel Gas Piping_,-o; For reference only; an unamended version of Chapter 13 of
the International Mechanical Code' is reprinted as Appendix G of this code.
"Chapter 13; deleted.
(W
97 ZPC
7C-15
11/20/97
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 692, 2nd Reading, adopting the Uniform Housing
Code, 1997 Edition with local amendments
BACKGROUND
The Building Board of Appeals has recommended Council adopt the 1997 edition of the
Uniform Housing Code with local amendments. The Uniform Housing Code is
published by the International Conference of Building Officials.
The local amendments provide by the City Attorney refer to several sections of the
code. Section 2 of the ordinance provides reference to Substandard and Dangerous
Building Ordinance to define public nuisances and repeals Section 203 and Chapters 11
through 16 of the code. Section 203, Housing Advisory and Board of Appeals,
describes an appellate body for this code, appeals concerning this code will be heard by
the BBOA. Chapters 11 through 16 are repetitive items that are covered in the
Uniform Building Code.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 692,
Uniform Housing Code, 1997 Edition and local amendments
the March 3, 1998 Regular City Council Agenda for
consideration.
M1
Attachments: Proposed Ordinance No. 692
2nd reading, adopting the
Please place this item on
City Council review and
(400.1
ORDINANCENO.
AN ORDINANCE ADOPTING THE 1997 VERSION OF THE UNIFORM
HOUSING CODE FORTHE CITYOFSOUTHLAI:E,TEXAS; PROVIDING
FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
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; PROV•'IDING FOR PUBLICATION I` THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City ofSouthlake, Texas is a home rule city actin; under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the city council of the City of Southlake deems it necessary to adopt this
ordinance to provide minimum standards to safeguard life or limb, health, property and public
welfare by reQulatin- and controlling the use and occupancy, location and maintenance of all
residential bui!din�s and structures within the city.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE. TEXAS:
. SECTION 1.
UNIFOR_VI HOUSING CODE ADOPTED
That the Uniform Housinv Code, 1997 Edition, published by the International Conference
of Building 0"cials is hereby adopted as the Housing Code of the City of Southlake. and sha: be
kno%%n. cited ar:V referred to as Housinv Code of the City of Southlake. A true and correct
this code is attached to this ordinance as Exhibit "A", and incorporated herein for all purposes.
SECTION 3.
LOCAL AMENDMENTS
The 199, Edition of the Uniform Housing Code is amended in the following respects:
(a) Section ?0'_ is amended to read as f-"^ws:
7D-2 ,�_ _
Section 202. Buildings or portions thereof which are determined to be
substandard as defined in this code are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedure specified in Southlake's Substandard and
Dangerous Building Ordinance.
(b) Section 203 is repealed.
(c) The following definitions in Section 401 are revised to read as follows:
BL-ILDNG CODE is the Buildinc, Code as adopted and amended by
the City of Southlake.
MECHAMCAL CODE is the Mechanical Code as adopted and amended by
the City of Southlake.
PLUNMBNG CODE is the Plumbing Code as adopted and amended
by the City of Southlake.
(d) Chapters 11 through 16 are repealed.
SECTION 3.
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 event the conflicting provisions of such ordinances are hereby repeal: i.
SECTIO` 4.
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 tht 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.
7D-3
H.C�CINANCHOCSiNGCODE�,19-.,=dt02.11Ail P3_=
SECTION 5.
Anv person, firm or corporation who violates, disobeys, omits, neglects or refuses to comp:•.
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
than Five Hundred Dollars (S500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6.
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 housing 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 7.
The Citv Secretary of the Citv 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 t s
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 8.
This ordinance shall be in full force and effect from and after its passage and publicatior as
required by la%v, and it is so ordained.
7D—a
H: L[82k.R c'Sou i;a:c ORD[\'.k.\C HOL s(\'G CODE :-91) ?1
PASSED ADD APPROVED ON FIRST READING ON THIS DAY OF
1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED Or SECOND READING Or THIS DAY OF
1998.
EFFECTIVE:
NLAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FOR A_\-1) LEGALITY:
Cite Attome%
0RDf\.k.\C ciOGaG CODE I•�`�' .�pd )' ..-7i
7o-s
City of Southlake, Texas
i
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 697, 2°d reading, establishing regulations applicable to
Substandard and Dangerous Buildings, repealing Ordinance No. 615
BACKGROUND
The proposed Ordinance No. 697 is to replace Ordinance No. 615. The new ordinance
contains significant changes in order to comply fully with the Chapter 214 requirements
of the Local Government Code. The attached memorandum from Paul Ward, Building
Official, outlines the revisions provided in the new ordinance.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 697, 2' reading, Substandard and
Dangerous Building Ordinance. Please place this item on the March 3, 1998 Regular
City Council Agenda for City Council review and consideration.
Attachments: Memorandum from Paul Ward, Building Official
Proposed Ordinance No. 697
7E-1
- City of Southlake, Texas
NIENIORkN-DL-.NI
February 17, 1998
TO: Bob Whitehead. Director Public Works
FROM: Paul -�N'ard, Building Official
SUBJECT: ORDINANCE NO. 697, FIRST READING
ADOPTING THE SUBSTANDARD AND DANGEROUS BUILDING ORDINANCE
A revised ordinance has been established for the abatement of substandard and dangerous buildings to
replace Ordinance 615. These revisions have been made to fully comply with Chapter 214
requirements of the Local Government Codes.
The new Substandard Building Ordinance contains significant revisions which include the following:
1. Adding the Housing Code, Fire Code, Plumbing Code, Mechanical Code, and Building
Code as adopted by the City in Section II.
2. Revising Section IV to clearly declare substandard buildings to be nuisances, and to clarify
hat some criteria will aways result in a determination that a building is substandard while others
'require a finding that the criteria exists to the extent that life, health, or safety is impacted.
3. Revising Section `'I (3) to add 1997 legislation dictating what "best efforts" to identify an o%vner
must entail.
T. Amending Section XI (4) regarding priority liens.
5. Amending Section XIII to provide for a civil penalty in certain circumstances.
6. Adding Section XIV to clearly establish that our authority to demolish dangerous structures in not
limited by this ordinance.
Please schedule this ordinance on the February 17, 1998 City Council 'Nleeting.
PW/dc
1: \chuck\ 1 st697pw
7E-2
ORDINANCE NO.
AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO
SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FORTHE
REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A
CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SH_aLL NOT
LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMtiLATIVE OF ALL ORDINANCES;
PROVIDING A SEVER-XBILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL. NEWSPAPER; AND
PROVIDING : Y EFFECTIVE DATE
«THEREAS, the City of Southlake is a home rule city acting under its Charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City of Southlake has previously adopted Ordinance No. 615 establishing
standards for substandard buildings; and
WHEREAS, the city council have desires to update, revise and clarify the standards and
regulaccns cha- apply to substandard buildings in conformance amendments. a
to provide for civil penalty as permitted by lacy; and
WHEREAS, the City Council of the City of Southlake dee:—ns it necessary to adopt -'s
ordinance providing minimum standards to safeguard the health, property and welfare of the citize^s
of Southlake by regulating and controlling the use, occupancy, maintenance, repair, vacatoa.
removal, demolition, and abatement of substandard or dangerous buildings within the Cit-:
Southlake; and
WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to
re,ulat:. substandard buildings and establishes procedures thereof; and
H:'LISR R'i Southlak:ORDINANCDA`GEU'n7.Kni(0.-11-93)
7E-3
NVHEREAS, it is the intention of the City Council of the City of Southlake :o estabia
minimum standards for the continued use and occupancy of all buildings regardless o. t.^,e date
their construction and to provide for the giving of proper notice to the owner of a b.:iding and
provide for a public hearing to determine whether a building complies with the standards set out:" -
this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COliNCIL OF THE CITI-
OF SOUTHLAKE, TEXAS:
SECTION I.
PURPOSE, SCOPE ND TITLE
(1) Purpose. It is the purpose of this Ordinance to provide a just, equitable and practical
method, to be cumulative with and in addition to any other remedy provided by the Building Code,
Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as
defined herein, which from any cause endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants and may be required to be repaired, vacated,
demolished, removed or secured.
(2) Scope. The provisions of this Ordinance shall apply to all buildings which are
hereinafter defined as dangerous or substandard buildings whether now in existence or :: nether the.:
may hereafter -_?come dangerous or substandard.
(3) Title. This Ordinance shall be kno«•n as the Substandard and Dange�ol-,s Building
Ordinance and may be cited and referred'to as such.
SECTIO\ I1.
DEFENTITIONS
(1) Building means and includes any building, fence, awning, canopy, sign, sired, garage.
house, tent or other structure whatsoever and the enumeration of specific types of str•.:crures sha
not be deemed to exclude other types of structures to which the sense and meaning oft.- prop: isio-s
hereof in context reasonably have application.
(2) Building Code is the Building Code, as adopted and amended b,. the City o
Southlake.
(3) Fire Code is the Fire Code, as adopted and amended by the City of South -Jake.
H: LIBR?VSuuthlak-OPD[`ANCDANGERJh7.wp1(02-11-93)
7E-4
Page'_
P1
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P]
(4) Plumbing Code is the Plumbing Code. as adopted and amended by the City of
Southlake.
(5) Mechanical Code is the Mechanical Code, as adopted and amended by the Cit`- cf
Southlake.
(6) Electric Code is the Electrical Code, as adopted and amended by the City of
Southlake.
(7) Housing Code is the Housing Code, as adopted by the City of Southlake.
(8) Building Board of Appeals (sometimes referred to as "the Board") is the Board
created by Ordinance No. 622, as amended.
SECTION III.
ENFORCEIMENT
(1) General.
(a) Administration. The building official is hereby authorized to enforce the
provisions of this Ordinance. The building official shall have the power to render
interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations
in order to clarify the application of its provisions. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of this Ordinance.
(b) Inspections. The building official and the fire marshal or their
designees are hereby authorized to make such inspections and take such actions as
mav'oe :-2quired to enforce the provisic-s of this Ordinance.
(c) Right of Entrv. �� I—, it is necessary to make an inspection to
enforce the provisions ofthis Ordinance, or when the building official or his designee
has a reasonable cause to believe that there exists in a building or upon, a premises
a condition which is contrary to or in violation of this Ordinance which makes the
building or premises unsafe, dangerous, or hazardous, the building official or his
designee may enter the building or premises at reasonable times to inspect or perform
the duties imposed by this Ordinance, provided that if such building or premises be
occupied that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official or his designee shall first
matte a reasonable effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused, the building official
shall have recourse to the remedies provided by law to secure entry.
(2) abatement of Dangerous or Substandard Buildings. All buildings or portions
thereof which are determined after inspection by the building official to be dangerous or substandard
as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair,
H: LIBRARY5outhiak:ORDI`ANCDA.NGER.^1'.•+Fd(()'--1t-91) 'a
7E-5
vacation, demolition, removal or securing in accordance with the procedures specified in tr s
Ordinance.
(3) Unlawful to Violate Ordinance. It shall be unla%L•ful for an;: person. firm or
corporation to erect, construct, or use. occupy or maintain any buildin, that is deemed herein to e
a nuisance or cause or permit the same to be done in violation of this Ordinance.
(4) Inspection :authorized. all buildings within the scope of this Ordinance and all
construction or work for which a permit is required shall be subject to inspection by the buildLing
official.
SECTION IV.
SLBSTA DARD BUILDINGS DECLARED
A. For the purposes of this Ordinance, any building, regardless of the date of its
construction, which has any or all of the conditions or defects hereinafter described shall be deemed
to be a substandard building, and a nuisance:
(1) any building that is dilapidated, substandard, or unfit for human habitation and a
hazard to the public health, safety and welfare.
(2) any building that, regardless of its structural condition, is unoccupied by its owners,
lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be
entered or used by vagrants or other uninvited persons as a place of harborage or could be entered
or used by children.
(3) -;-iv buildinz that is boarded up, fenced or otherwise secured in any manner if:
a) The building constitutes a danger to the public even though secured
from ent�,; or
(b) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by Section IV(2)
above.
(4) Whenever anv building, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire
hazard.
(5) Whenever any building is in such a condition as to make a public nuisance known
to the common law or in equity jurisprudence.
(6) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
H: LIBRAIM'Southlak-DRDINA\CDA`GEMn7.w,.D1102-tt-91)
7E-6
Pip 4
(7) Whenever any building is abandoned so as to constitute such building or portion
thereofan attractive nuisance or hazard to the public.
(3) ._ny buii-ding constructed and still existing in violation of an,.- provision of the
Building Code, Fire Code, Plumbin, Code, Mechanical Code, Electrical Code or Housing Code of
the Cites of Southlake to the extent that the life, health or safety of the public or any occupant is
endangered.
B. For the purposes of this ordinance, any building, regardless of the date of its
construction, «hich has any or all of the conditions or defects hereinafter described to an extent that
endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof
shall be deemed and hereby is declared to be a substandard building, and a nuisance:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of
exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means
of exit in case of fire or panic.
(3) Whenever the stress in any materials, or members or portion thereof, due to all dead
and live loads. is more than one and one half times the working stress or stresses allowed in the
Building Code for new buildings of similar structure, purpose or location.
(4) '�henever any portion thereof has been damaged by fire, earthquake, wind mood or
by anv other cause. to such an extent that the structural strength or stabilitv thereofis materially less
than it %- as before such catastrophe and is less than the minimum requirements of the B,_i ding Code
for ne« buildings of similar structure: purpose or location.
i;�) `�i•heneyer any potion or member or appurtenance thereof is likely to :ail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage prope.^v.
(6) Whenever any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or
fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the
Building Code for new buildings of similar structure, purpose or location without ex.:eeding the
working stresses permitted in the Building Code for such buildings.
(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an
extent that walls or other structural portions have materially less resistance to winds or earthquakes
than is required in the case of similar new construction.
(8) Whenever the building, or any portion thereof, because of (a) dilapidation,
deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any
H: L[BRAR'i southlakt OUC A\C DR.\GER.fn".,Apd tO2-! i-93)
7E-7
portion of the ground necessary for the purpose of supporting such building; (d) the deterioration.
decay or inadeeuacv of its foundation; or (e) anv other cause, is likely to partially or completeiv
collapse.
(9) V,.henever, for any reason, the building, or any portion thereof, is manifestly unsaf.
for the purpose for which it is being used.
(10) V,henever the exterior walls or other vertical structural members list, lean or buckle
to such an extent that a plumb line passing through the center of gravity does not fall inside tre
middle one third of the base.
(11) 1, nenever the building, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 or more percent damage or
deterioration of its non -supporting members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake, flood or other
causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to
children; or, (b) a harbor for vagrants, criminals or immoral persons.
(13) Whenever any building has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building provided by the building
regulations of this jurisdiction, as specified in the Building, Code, or of any law or ordinance of this
state or jurisdiction relating to the condition, location or structure of buildings.
(14) ,11henever any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non -supporting part, member or portion less than 50
percent, or in any supporting pan. member or portion less than 66 percent of the (a) strength, (b) f re -
resisting qualit:es or characteristics, or (cl weather -resisting qualities or characteristics required by
law in the cas_ of a nevi constructed building of like area, height and occupancy in the same
location.
(15) `, ;nenever a building, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate
light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to cause sickness or disease for
reasons including, but not limited to, the following:
(a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelli:.=
unit or lodJing house.
(b) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
H: LIBR.ARY Southlake ORDNANC D.-\_`GER.:n".apd (02-11.93)
7E-8
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E
(W (d) Lack ofhot and cold rarning water to plumbing fixtures in a hotel.
IM
(e) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lod-ainz house.
(f) Lack of adequate heating facilities.
(a) Lack of, or improper operation of, required ventilating equipment.
(h) Lack of minimum amounts of natural light and ventilation required
by this code.
(i) Room and space dimensions less than required by this cod�'the
building code.
(j) Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(o) Lack of adequate garbage and rubbish storage and removal facilities.
SECTION V.
DETERMI'NATION BY BUILDING OFFICIAL
When the building official has inspected or caused to be inspected any building and 1-as
found and determined that the building is substandard, the building official may take any or ali o
the following actions, as he or she deems appropriate:
(1) Issue notice to the record owner that the building is substandard and must be repaired
or demolished; or
(2) Issue citations) for violation(s) of this Ordinance; or
(3) Secure the building if permitted by Subsection XII(1) below; or
(4) Recommend to the Board that abatement proceedings be commenced pursuant to
Section VI below.
H: LIBR-kRYCSouhlaka oUl`A`C DA`GER.tn".µpd 102-I 1-93)
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SECTION `'I.
PUBLIC HE.kRING FOR :A_BATE.IENT
OF SUBSTANDARD BUILDINGS
(1) Commencement of Proceedings. When the building official has found a.-d
determined that a building is a substandard building, the building official shall commenc.-
proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing
of the building.
(2) Public Hearing to be Held. Except when the City Council finds that a building
likely to immediately endanger persons or property, a public hearing before the Board shall be held
to determine whether a building complies with the standards set out in Section IV above. If the Ci-:
Council determines that the building constitutes an immediate danger, the procedures set forth
Section XII shall be followed.
(3) Notice. Not less than ten (10) days prior to the date on which the hearing is set, the
building, official shall issue a notice of the public hearing directed to the record owner of the building,
and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity
and address of any owner, lienhokler or mortgagee of the building through search the county real
property records of the county in which the building is located; appraisal district records of th.-
appraisal district in which the building is located, records of the Secretary of State; assumed narre
records of the county in which the building is located; tax records of the city; and utility records of
the city. Th notice shall contain:
(a) The name and address of the record owner;
(b) The street address or legal description sufficient for identlEcatien of
the premises upon %vhich the building is located;
(c) A statement that the building official has found the building to be
substandard or dangerous, with a brief and concise description of the conditions
found to render the building dangerous or substandard under the provisions of
Section IV above.
(d) A statement that the owner, lienholder, or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be required to
compl.: %vith the Ordinance, and the time it %gill take to reasonably perform the ixork.
( e) Notice of the time and place of the public hearing.
(f) A statement that if the building is found to be in violation of this
Ordinance, the Board may order that the building be vacated, secured, repaired,
removed or demolished within a reasonable time.
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(4) additional Notice of Public Hearing. Prior to the public hearing, the City may t::_
a copy of the notice mailed pursuant to Section (3) above in the official public records of real
property in the county in which the property is located. If such notice is not filed of record, ea::,,
identified mortga,ee and lierilolder must be notified of any abatement order issued by the Boars 77
the public hearing, prior to any remedial action by the City.
(5) Burden of Proof. At the public hearing, the owner, lienholder or mortgagee has t e
burden of proof to demonstrate the scope of any work that may be required to comply with thn-
Ordinance, and the time it will take to reasonably perform the work.
(6) Conduct of Public Hearing. At the public hearing, the owner of the building, and
all other interested persons may make their appearance and be heard. Any evidence may be received
and considered by the Board. The chairman of the Board, or in his absence, any officer designated
by rules adopted by the Board to preside at meetings, shall preside and shall determine all questions
of order. The hearing may be adjourned from day to day or continued upon a majority vote of the
Board.
SECTION VII.
ORDER OF BUILDING BOARD OF APPEALS
(1) Findings of the Board. If the Board, by a majority vote, finds upon evidence
presented at the public hearing that the building is in violation of standards set out in Section IV, the
Board may order that the building be repaired, vacated, removed or demolished, secured, or the
occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided
herein.
Time Allowed to Complete Work.
t.a) The order must require the owner, lienholder or mortgagee of the
buildin_ to within 30 days:
(i) Secure the building from unauthorized entry; and; or
(ii) Repair, remove or demolish the building unless the owner or
penholder establishes at the hearing that the work cannot reasonably be
performed within 30 days. v
(b) If the Board alloys the owner. lienholder or mortgagee more than
thirty (30) days to repair, remove or demolish the building, the Board shall establish
specific time schedules for the commencement and performance of the work and
shall require the owner, lienholder or mortgagee to secure the property in a
reasonable manner from unauthorized entry while the work is being performed, as
determined by the Board.
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(c) The Board may not allow the owner, lienholder or mortgagee more
than ninety (90) days to repair, remove or demolish the building or fully perform all 1j
work required to comply with the order unless the owner lienholder or mortgagee:
(i) Submits a detailed plan and time schedule for the work at the
oaring; and
(ii) Establishes at the hearing that the work cannot be reasonably
completed within ninety (90) days because of the scope and complexity of the
work.
(d) If the Board allows the owner, tienholder or mortgagee more than
ninety (90) days to complete any part of the work required to repair, remove or
demolish the building, the Board shall require the owner, lienholder or mortgagee to
regularly submit progress reports to the building official to demonstrate that the
owner, lienholder or mortgagee has complied with the time schedules established for
commencement and performance of the work. The order may require that the owner,
lienholder or mortgagee appear before ,the Board or the building official to
demonstrate compliance with the time schedules.
(3) Contents of order. The order of the Board must contain at minimum:
(a) An identification which is not required to be a legal description, of the
building and the property on which it is located; and
CO) A description of the violation of minimum standards present in the
buildir:: and
ca A description of the ordered actions, including a statement that the
owner ~ �, repair, if feasible, or demolish or remove at his option; and
(�) A statement that the City will vacate, secure, remove or demolish the
buildin_ or relocate the occupants of the building if the ordered action is not taken
within the time allowed, and charge the cost to the property; and
(ei If the Board has determined that the building will endanger persons or
proper : and that the building is a dwelling with 10 or fewer dwelling units, a statement
the city n:ay repair the building and charge the costs to the property if the ordered action: a
not take: within the time allowed.
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SECTION `"III.
NOTICE OF ORDER OF BUTILDING BOARD OF APPEALS
( l ) Order Shall be .NIailed. After the oublic hearing, the building official shall prompt:.
mail, by ceritied mail, return receipt requested. a copy of the order to the record o«-ner of t e
building, and each identified lienholder and mortgagee of the building.
(?) Order Shall be Filed with City Secretary. Within ten (10) days after the date that
the order is issued by the Board, the building official shall file a copy of the order in the office of the
City Secretary.
(3)) Order Shall be Published. Within ten (10) days after the date the order is issued
by the Board, the building official shall publish in a newspaper of general circulation within the Cic
a notice containing:
(a) The street address or legal description of the property; and
(b) The date the hearing was held; and
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order may be
obtained.
SECTIOr IX.
EN,TTORCE-IENT OF THE ORDER OF BUILDING BOARD OF APPEALS
(1) If order not complied with, City may take action. If the building is not Z.
secured, reoalre , removed or demolished %vithin the time specified by the order. the C:'7� m_;-
vacate, sec::re. -epair, remove or demolish the building or relocate the occupants at its o�vn exoense.
orovided ho.vet: e-:
(a) The City may not act to remove or demolish a building until after the Boar
has found: v
G) That such defects or conditions exist to the extent that the life, healt'.
property or safety of the public or the occupants of the building are endangered; aid
(11) The building is infeasible of repair; or
(iii) There is no reasonable probability that the building will be repaired
%vithin a reasonable period of time if additional time is given.
H:LIBRARYSct;'hiak.-C.RJ' NANCDANGER.m7.wp110_-ii-931
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(b) The city may only repair a building as provided herein to the extent necessanr
to correct the conditions which render the building dangerous, and may not act to repair a
building unless:
(1) The Board has made a determination that the building is likely to
endanger person or property; and
(ii) The building is a residential dwelling with ten (10) or fewer dwelling
units.
(2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance
is not had with the order within the time specified therein, the building official is authorized to
require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt
requested to the occupant of the building and it shall be posted at or upon each entrance to the
building and shall be in substantially the following form:
"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this
building or to remove or deface this notice.
Building Official
City of Southlake"
(3) Remedial :fiction by City. Any repair or demolition work, or securing of the
building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter
provided. Any surplus realized from the sale of such building, or from the demolition thereof, over
and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons
lawfully entitled thereto.
(4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is
directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor
and may be prosecuted in municipal court in addition to any other remedies available to the Cit-:
provided herein.
(5) Interference Prohibited. No person shall obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the City, or with any person who owns
or holds any estate or interest in the building which has been ordered repaired, vacated, demolished,
removed or secured under the provisions of this Ordinance; or with any person to whom such
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building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer,
employee, contractor or authorized representative of the City, person having an interest or estate in
such building. or purchaser is engaged in the work of repairing, vacating and repairing, or
demolishing, rernoving or securing any such building pursuant to the provision of this Ordinance,
or in performin any necessar•; act preliminary- to or incidental to such ,.vork or authonzed or directed
pursuant to this Ordinance.
(6) Permit Required. :-.nv work of closure, repair, removal or demolition by the
property owner or anv lienholder or mortgagee or their agents must be performed pursuant to valid
unexpired pertrits issued by the City. A11 permits issued pursuant to an order of the Board shall
expire upon expiration of the time for compliance set forth in the order.
SECTION X.
PERFORMANCE OF WORK BY THE CITY
(1) Procedure. When any work of repair, removal, demolition or securing is to be
performed by the City pursuant to the provisions of any order of the City Council or the Board, the
work may be accomplished by City personnel or by private contract as may be deemed necessary.
Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition
is ordered. The building, or building materials may be sold if removal or demolition is ordered, and
the proceeds shall be used to offset other costs of the work.
(2) Costs. The cost of such work shall be paid from City funds and shall constitute a
(we special assessment and a lien against such property to secure payment thereof, together with ten
percent (10%) interest on such amount from the date on which the work is performed.
(3) Repair to `Minimum Standards Only. The City may repair the building at its o.vn
expense and assess the expenses on the land on which the building stands or is attached to only to
the extent necessar-, to bring -me'building into compliance with minimum stanuards.
SECTIONXI.
RECOVERI' OF COST OF SECliRL\G,
REP.UR, REMOVAL OR DEMOLITION
(1) Itemized account and Notice of Lien. The building official shall keep an itemized
account of the expenses incurred by the City in the securing, repair, removal or demolition of any
building pursuant to this Ordinance. upon completion of the work, the Building Official shall
prepare and file%vith the City Secretary a sworn account and Notice of Lien containing the folio"vine
information:
(a) The name and address of the owner if that information can be
determined with a reasonable effort;
(b) A legal description of the real property on which the building is or
was located;
H: LIBRARI'Sauthiake ORDI`.i`CD.�`GcR.T".gyp i'J_-f ;.q�� ?ate I3
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c j The type o f work performed; and
The amount of expenses incurred by the city in performing the worn
and the balance due.
(2) `otice Filed in Count}• Records. The City Secretary shall file the Notice of Lien
along with a copy of the order of abatement issued by the Board in the deed records of the counry
in which the premises are located.
(3) Personal Obligation of Property Owner. The expenses incurred by the City as set
forth in the s%vorn account of the building official shall be a personal obligation of the property
owner in addition to a priority lien upon the property. The City Attorney may bring an action in any
court of proper Jurisdiction against the owner or property to recover the costs incurred by the City.
(4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed
Records of Tarrant or Denton County, Texas, the lien shall be valid against the property so assessed.
The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other
liens. The lien shall continue until the assessment and all interest due and payable thereon has been
paid.
(5) Assessment Must be Paid. No utility service, building permit or certificate of
occupancy shall be allowed on any such property until the assessment is paid and such lien is
released by the City.
(6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn
account of the building official, have been fully paid with interest of ten percent (10110) per annum
from the date the work was performed. the building official shall execute a release of lien which shall
ce tiled in the Deed Records of Tarrant or Denton Countv. Texas.
SECTION XII.
ADDITIONAL AUTHORITY TO SECURE CERTAIN
SUBSTANDARD BUILDINGS PRIOR TO PUBLIC
HEARING A_N-D SECURE, DEMOLISH, REPAIR
OR REMOVE CERTAIN DANGEROUS BUILDINGS
(1) Securing of Unoccupied, Substandard Building. Notwithstanding anv other
provisions of t::s Ordinance the City may secure a building if the building official determines:
a) That the buildinz violates the minimum standards set forth in Section
IV above, and
(b) That the building is unoccupied or is occupied only by persons who
do not have the right of possession to the building.
:i: LIB R.4Rt-S,)uLhiak--, ,R:)INANC-DA.''GER.rn7.,Apd (0_•! t•)3i
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(2) If Building Creates Immediate Danaer. Notwithstanding any other provisions of
(400", this Ordinance.:: the City Council finds that a building is likely to immediately endanger persons
or property the Ciri Council may:
' a) Order the owner of the building, the owner's agent, or the ov,-ner or
occupa:.: of the property on which the structure is located to repair, remove, or
demolis: the structure, or the dangerous part of the structure, within a specified time;
or
(b) Repair, remove, or demolish the structure, or the dangerous part of the
structure. at the expense of the municipality, on behalf of the owner of the structure
or the o••; Ater of the property on which the structure is located, and assess the repair,
remova. or demolition expenses on the property on which the structure was located.
(3) Before the eleventh (I Ith) day after the date the building is secured pursuant to
Subsection XII(l) above, or action is ordered pursuant to Subsection XII(2)(a) above, or the building
is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official
shall give notice to the owner by:
(a) Personally serving the owner with written notice; or
(b) Depositina the notice in the united States mail addressed to the owner
at the ov.—ner's post office address; or
a
(z) Publishing the notice at least tvvtee within a ten (10) day period to a
newspaper of general circulation in the county in which the building is located, if
persona.:eryice cannot be obtained and the owner's post office address is unknown;
or
Posting the notice on or near the front door ofthe building if persorai
sez-vice __:riot be obtained and the owner's post office address is unl no«-n; and
(e) In addition to the above, depositina, notice in the United States mail to all
lienholders and mortgagees xho can be determined from a reasonable search of instruments
on file in the office of the County Clerk.
(*) e notice must contain:
(_) An identification, which is not required to be a legal description. of
the building and the property on which it is located;
(b) A description of the violation of the minimum standards present in the
building:
H. LiBR.i2Y Souciii:e C UI`ANC DA`GcR.;n".+p1 ; ')_-t ; •93;
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(c) A statement that the city will secure or has secured, as the case may
be, the building, or that the City has taken or will take the action ordered pursuant to
Subsection XII(2) above;
(d) An explanation of the owner's entitlement to request a hearing about
anv mazer relating to the City's securing, removing, demolishing or repairing of the
building.
(5) The City Council shall conduct a hearing at which the owner may testify or present
witnesses or written information about any matter relating to the City's securing, repairing, removing
or demolishing of the building, if, within thirty (30) days after the date the City has taken action
pursuant to Subsections XII(1) or (2) above, the ownerfiles with the City a written request for the
hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
(6) If the City incurs expenses under this Subsection, such expenses incurred shall be a
personal obligation of the property owner in addition to a priority lien upon the property, and costs
shall be recovered as provided by Section X of this Section.
(7) It shall be unlawful to fail to comply with an order issued pursuant to this Section.
SECTION XIII.
CIVIL PENALTY
(1) Civil Penalty authorized. In addition to any other enforcement authority provided
for by law, the Board may, by order, at an administrative hearing assess a civil penalty against a
property owner as provided for herein for failure to comply with an order issued by the Board
pursuant to Section VII of this ordinance.
('_) Showing Required. The civil penalty may be assessed if it shover. arthe
administrative :earin, that:
(a) the property owner was notified of the contents of the order issued pursuant
to Section VII of this ordinance; and
(b) the property owner committed an act in violation of the order or failed to take
an action necessary for compliance with the order.
(3) .amount of Penalty. The civil penalty may be assessed in an amount not to exceed
S 1000.00 a day for each violation or, if the owner shows that the property is the owner's la%vf;i
homestead, in an amount not to exceed S 10.00 a day for each violation.
(4) Notice of Administrative Hearing. Not less than ten (10) days prior to the date on
which the administrative hearing is set, the property owner shall be sent a notice of the hearing by
certified maillrersrn receipt requested. The notice shall contain:
H: LIBRAR'i Sau[hlawc CRDr`AVC DANGER.;a7.wpt! (0_•1i-93)
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(a) a copy of the order issued by the Board to Section VII of this ordinance;
�) a statement that the building official has determined that the property owner
committed an ac= in violation of that order, or failed to take an action necessary for compliance with
that order;
(c) a statement that at the administrative hearing the Board may assess a civil
Penalty not to exceed S 1000.00 a day for each violation or, if the owner shows that the property is
the owners' lawful homestead, in an amount not to exceed SI0.00 a day for each violation; and
(d) notice of the time and place of the hearing.
(5) Copy of Order Filed with District Clerk. After the civil penalty is assessed, the
11
city secretary shall file with the district clerk of the county in which the property is located, a
certified copy of the order assessing the civil penalty stating the amount and duration of the penalty.
(6) Enforcement. The civil penalty maybe enforced by the city in a suit brought by the
City in a court of competent jurisdiction fora final judgment in accordance with the assessed
penalty. A civil penalty under this subsection is final and binding and constitutes prima facie
evidence of the penalty• in any suit.
SECTION YIV.
AUTHORITY NOT LR'v1ITED
Notwithstanding all other provisions of this Article, nothing herein shall be deemed a
limitation on the duty of the Citv to summarily order the demolition of anv building or structure
where it is apparent that the immediate demolition of such building or structure is necessary to the
protection of Ht. property or General welfare of the people in the city.
SECTIO` NV.
This ordinance shall be cumulative of all provisions of ordinances of the City ol. Southlake.
Texas, except where the provisions of this ordinance are indirect conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
Specifically, Ordinance No. 611 5 is repealed.
SECTION YVI.
It is hereby declared to be the intention of the City Council that the phrases, clauses.
sentences, parag-aphs and sections of this ordinance are severable, and if any phrase, clause,
H: L18R.�RY Sout4iake C�: I�.a.`C D.i.�:Gc�. ^t'. +^S i 0_• i I.9'i)
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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. si;:ce
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 X`ZI.
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 (S2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION X`'III.
All rights and remedies of the City of Southlake are expressly saved as to any and all 1j
violations of the provisions of Ordinance No. 560 and OrdinanceNo. 615 or any other ordinances
affecting the abatement of dangerous or substandard buildings which have accrued at the time of th e
effective date o this ordinance, and, as to such accrued violations and all pending litig�:ion, bet
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 XIX.
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 c:
this ordinance as so published shall be admissible in evidence in all courts without furtherproof than
the production thereof.
H: UBRARySoudhiak:ORJ[`.a�CD.a`GE2.-�".upd
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SECTION `C.Y.
The C:-: Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or.:_ --aption and penalty together «Oith a notice setting out the time and place for a public
hearing therec- at least ter, (10) days before the second reading of this ordinance, and if this
ordinance prc•::d'es for the imposition of any penalty, fine or forfeiture for any violation of any or -
its provisions.:: en the City Secretary shall additionally publish this ordinance or its caption and
penalty in the=:cia1 City newspaper one time within ten days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
SECTION XYI.
This ordinance shall be in ftill force and effect from and after its passage and publication as
required by la%v.. and it is so ordained.
PASSED .kND APPROVED ON THIS _ DAY OF , 1998.
EFFECTIVE DATE:
:APPROVED S TO FORM A\-D LEGALITY:
City Attorney:
:�:3R�i2fSouthlu:.2 :���CDA`•Cc"2. "....d )?•t1.931
NLaYOR
ATTEST:
CITE' SECRETARY"
7E-21
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 622-A, 2°a reading, amending Ordinance No. 622,
providing changes to the Building Board of Appeals
BACKGROUND
In August 1994, Ordinance No. 622 was approved by Council establishing the Building
Board of Appeals. The BBOA was established to hear and decide appeals relative to
the Building Code, Plumbing Code, Mechanical Code, National Electric Code,
Administrative Code, and the Substandard Building Ordinance as adopted by the City.
This City Council agenda contains an item proposing the adoption of the 1997 Uniform
Housing Code. If adopted, the code requires any appeals to be heard by the BBOA.
This proposed amendment to Ordinance 622 provides the BBOA with the responsibility
to hear and decide the appeals of "orders, decisions, and determinations" related to the
Housing Code made by the Chief Building Official.
RECOMMENDATION
Staff recommends Council approve Ordinance 622-A, 2nd reading, amending Ordinance
No. 622 to include the Uniform Housing Code as related to the Building Board of
Appeals. Please place this item on the March 3, 1998 Regular City Council Agenda for
City Council review and consideration.
Attachments: Proposed Ordinance 622-A
7F-1
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINA`CE NO. 622,N`'HICH CREATED
THE BUILDING BOARD OF APPEALS, BY ADDING A DUTY TO HEAR
APPEALS FROM THE UNIFORM HOUSING CODE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERaBILITY CLAUSE; PROVIDING FOR
PUBLICATION IN PA-MPHLET FORM; PROVIDING FOR PUBLICATION
I` THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the City o f Southlake, Texas is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council has previously adopted Ordinance No. 622 creating the
Building Board of appeals, and now deems it advisable to direct the board to additionally hear
appeals of orders, decisions or determinations made by the building official relative to the
application and interpretation of the technical provisions of the Southlake Housing Code.
N O«', THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION I.
Section ; -Duties and Powers- of Ordinance No. 622 is herebv amended by re-isinJ
subsection (a)(2) to read as follows:
"(2) hear and decide appeals of orders. decisions or determination made by the
building official relative to the application and interpretation of the technical provisions of t
follovvin2 codes adopted by the City of Southlake:
(A) the Building Code;
(B) the Plumbing Code;
(C) the Mechanical Code;
H:'LIB'RAR -Soutnia : ORDNANCbIdg brd appeals. amd.µ-pd (0_-1 l- "' Pig"
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(D) the Electrical Code:
(E) the :administrative Code: and
(F) the Housing Code."
SECTION 2.
Section 5, -Duties and Powers" of Ordinance No. 622 is hereby amended by revising
subsection (a)(3) to read as follows:
(3) enforce the provisions of the Substandard and Dangerous Building
Ordinance, and carry out the functions established by the ordinance to abate
substandard buildings."
SECTION. 3.
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.
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 Councii without the incorporation in this ordinance
of anv such unconstitutional phrase, clause, sentence, paragraph or section.
SECTIO` 5.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
(40", book or - am hlet form for general distribution among the public, and the operative provisions of
t p p _
H:'L[BEZaRYSouthlak-, ORDINANC-bldg brd appeals.arrd.wpd i0_.11-9,
7F-3
Page '_
Le
this ordinance as so published shall be admissible in evidence in all courts without further proof than
the production there -of.
SECTION 6.
This ordinance shall be in full force and effect from and aver its passage and publication as
required by la,.,,-. and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAB" OF
1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED A_ND APPROVED ON SECOND READI`G Or THIS
DAY OF
1998.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM A_`"D LEGALITY:
City Attornev
H: L[BR-\1�-»u:h*.a":OkD[NA andappcais.acd.pa''
7F-4
a
City of Southlake, Texas
STAFF REPORT
February 27, 1998
CASE NO: ZA 97-169 PROJECT: Concept Plan - The Roomstore
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
Karen Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Concept Plan for Lot 1, Block 2, Village Center Addition, Phase 2,
an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slides 3095 and 3096,
Plat Records, Tarrant County, Texas, and being approximately 2.270
acres.
LOCATION: North side of F.M. 1709 (East Southlake Boulevard), north of the
intersection of Miron Drive and F.M. 1709 (East Southlake
Boulevard).
OWNER: The Roomstore
APPLICANT: The Boerder Snyder Group
CURRENT ZONING: ''C-3" General Commercial District
LAND USE CATEGORY: Retail Commercial
NO. NOTICES SENT: Eight (8)
RESPONSES: None
P&Z ACTION: January 8, 1998; Approved (6-0) the motion to table and to continue
the public hearing at the January 22, 1998, Planning and Zoning
Commission Meeting because the applicant was not present.
January 22, 1998; Approved (7-0) the motion to table and to continue
the public hearing at the February 19, 1998, Planning and Zoning
Commission Meeting.
February 19, 1998; Approved (6-0) the motion to deny.
City of Southlake, Texas
applicant has met all items in Concept Plan Review Summary
1, dated January 2, 1998, and Concept Plan Review Summary
2, dated February 13, 1998, with the exception of those items in
ittached Concept Plan Review Summary No. 3, dated February
1998.
i9CP. WPD
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City of Southlake, Texas
No: ZA 97-169 Review No: Three Date of Review: 2/27/98
Project Name: Concept Plan - The Roomstore, Lot 1. Block 2. Village Center Phase 2
APPLICANT:
:a. .- WTUM-TUIRM Mir
4514 Cole = 1
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/23/98 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 DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
The following changes are needed with regard to bufferyards:
a. Bufferyards are required adjacent to property lines. The applicant has requested that the west
bufferyard be relocated adjacent to the east line of the west driveway.
b. Label the type and width of the west bufferyard (5' Type A).
2. Correct the leader arrow indicating the south line of the common access easement along the north i
property line. Label the 50' Common Access Easement along the west property line. Show all
easements significantly impacting the site. Insure that there are no conflicts between proposed
structures and existing easements on the site.
3. Show the proposed dumpster location. The dumpster must be at the side or rear of the building. The
dumpster must be gated and screened by an 8' masonry wall similar to the primary structure.
4. The loading area must be screened by a 10' masonry wall similar to front building facade. Label the
loading area.
5. The number of parking spaces along the southern property line appears to be 26. The graphic should
be revised accordingly.
6. Identify the following:
a. The measurement (28'-6") in the southwest corner of the graphic, extending from the access
drive.
b. The dotted line within the building near the loading area.
7. Label all fire lanes. Correct the "Fire Lane" line located near,the northwest corner of the building.
7 Es —7
City of Southlake, Texas
Label all sidewalks. Include the type of material and width. Provide smooth curves for the meandering
walk along the north. Sidewalks must be provided in accordance with Sidewalk Ordinance.
9. Show and label all building setback lines.
10. Correct the discrepancies between the building areas shown in the site data summary and the on the
graphic. The applicant should be aware that floor area (labeled as "interior building area") is
calculated from the interior walls of the building and excludes only areas used for mechanical
equipment. If this is not how it was calculated, the required number of parking spaces may be affected.
The applicant should be aware that prior to issuance of a building permit a site plan must be submitted
for public hearing, a 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.
It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
Although no review of the following issues is provided at the concept plan level, staff strongly
recommends that the applicant evaluate the site for compliance with the following sections of the city
ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for compliance with all site plan requirements.
• Vertical and horizontal building articulation (required on the north, east, south, and west
building facades) per §43.9C 1 c, Ordinance 480, as amended.
• Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No.
557.
• Interior landscaping per Landscape Ordinance No. 544 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 §43.90h and Exhibit 43-D on Page 43-14, Ordinance 480, as
amended.
• Mechanical screening per §43.9C 1 b Ordinance 480, as amended.
• Spill -over lighting and noise per §43.12, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance No.
480, as amended.
• Fire lanes must be approved by the City Fire Department.
Denotes Informational Comment
cc: Boerder - Snyder Group, Inc., The Roomstore
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City of Southlake, Texas
STAFF REPORT
February 27, 1998
CASE NO: ZA 98-004 PROJECT: Site Plan / The Village at Timarron. Phase II
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Site Plan for The Village At Timarron, Phase II, on property legally
described as a portion of Lot 2 and all of Lots 3 and 4, Block 60,
Timarron Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide
3675, Plat Records, Tarrant County, Texas, and being approximately
4.94 acres situated in the O. W. Knight Survey, Abstract No. 899.
LOCATION: Southeast corner of the intersection of East Southlake Boulevard
(F.M. 1709) and Byron Nelson Parkway.
OWNERS: Venus (Drews) Partners V, L.P., and Westerra Timarron, L.P.
APPLICANT: Venus (Drews) Partners V, L.P.
CURRENT ZONING: "R-PUD" Residential Planned Unit Development District with "C-2"
Local Retail Commercial District uses.
LAND USE CATEGORY: Retail Commercial
NO. NOTICES SENT: Eight (8)
RESPONSES: None
P&Z ACTION: February 5, 1998; Approved (6-0-1) subject to Site Plan Review
Summary No. 1, dated January 30, 1998, approving Item #6
(articulation requirements) as submitted and accepting the
applicant's agreement to work with the Landscape Administrator
to meet all of the landscape requirements.
COUNCIL ACTION: February 17, 1998; Approved (7-0) to table and to continue the
Public Hearing to the March 3, 1998, City Council meeting.
STAFF COMMENTS: The applicant has met all the requirements of Site Plan Review
Summary No. 1, dated January 30, 1998, and Site Plan Review
Summary No. 2, dated February 13 ,1998, with the exception of
those requirements in the attached Site Plan Review Summary No.
3, dated February 27, 1998.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-004SP. W PD
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City of Southlake, Texas
SITE PLAN REVIEW SUMMARY
No.: ZA 98-004 Review No: Two Date of Review: 2/27/98
Project Name: Site Plan - The Village at Timarron Phase II. Portion of proposed Lot 3R and all of Lot
4. Block 60, Timarron Addition Phase 5
APPLICANT:
,enus !1 _ •
ARCHITECT:
Callawav Architect
17738 Preston Road. Suite 125
Dallas. TX 75252
Phone: 972)732-6085
Fax : (972) 732-8058 Attn: Rodney Hitt
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/26/98 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 DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
The following changes are needed with regard to bufferyards:
a. A 10' `F F bufferyard is required along the east property line. The applicant proposes a 10'
Type `B' bufferyard along this line. Correct the required plantings shown for the `F 1'
bufferyard to reflect 15 Canopy Trees, 30 Accent Trees and 40 Shrubs. The plantings shown
for the proposed Type `B' bufferyard are in compliance.
b. Correct the required plantings shown for the 5' Type 'A' bufferyard along the west line to
reflect 5 Canopy Trees, 11 Accent Trees and 42 Shrubs. The applicant proposes a 10' type 'A'
bufferyard along this line. The plantings shown to be provided meet or exceed the required
number of plants. Correct the graphic to indicate the proposed 10' width.
C. The south bufferyard of Lot 3 adjacent to Phase III (Lot 2) was deferred until development of
Phase III on the previous site plan. A 5' Type `A' bufferyard is required along this line. The
applicant has requested a variance to this requirement.
d. A 5' Type `A' bufferyard is required along the interior lot lines of Lot 4, Block 60 (Location
of Building 5) adjacent to common line of Lot 3, Block 60.
* Please note that the interior 5' Type 'A' Bufferyard required for Lot 3 directly adjacent
to Lot 4 was waived on the previous site plan.
Provide the area of open space and percentage of open space for each lot in the site data summary.
Open space the area unencumbered by pavements or structures.
Show the location of all trash dumpsters noting the type and height of screening device. Dumpsters
must be screened by an 8' masonry wall similar to the primary structure. Buildings 4 & 5 do not
appear to have a dumpster.
ri H-1
City of Southlake, Texas
Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c.
Compliance with the articulation requirements is as shown on the attached articulation evaluation
chart.
* No specific review of the Landscape Plans submitted 2/26/98 has been done. Landscape plans must
comply with all applicable ordinance requirements and requirements as specifically approved by the
City Council
* The spacing and stacking depths of the driveways, as shown, conform to the previously approved
Concept Plan and Site Plan.
* 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 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.
Please be aware that any change of tenant/owners with a request for a new C.O. will require that all
parking requirements of the zoning ordinance are met and all fire lanes shall be per the Fire
Department's requirements.
Denotes Informational Comment
att: Articulation Evaluation Chart
cc: Venus (brews) Partners V, L.P.
Callaway Architects
L:\COMDEV\WP-FILES\REV\98\98004SP3.WPD
`1 N -'9
Articulation Evaluation No.2
Case No. ZA 98-004 Date of Evaluation: 2/27/98
Bldgs. 4 and 5 Villages at Timarron, Lots 3R and 4, Block 60, Timarron Addition Ph. 5
eived 2/26/98
ding No. 4
ront - facing: East Wall ht. = 18
Max. wall length
Min. antic. offset
Min. artic. length
Rear - facing
Max. wall length
Min. artic. offset
Min. artic. length
Right - facing:
Max. wall length
Min. artic. offset
Min. artic. length
Left - facing:
;;tic.
wall length
tic. offset
length
Building No. 5
Front - facing:
Max. wall length
Min. artic. offset
Min. artic. length
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
54 34
-37%
Yes
54 34
-37%
Yes
3 ' 2
No
3 5
67%
Yes
6 6
0%
Yes
9 30
233%
Yes
West Wall ht. = 18
Horizontal articulation
Required Provided Delta Okay?
54 34 -37% Yes
No
6 6 0% Yes
Vertical articulation
Required Provided
54 34
3 5
9 30
Delta Okay?
-37% Yes
67% Yes
233% Yes
North Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
54 32
-41%
Yes
54
32
-41%
Yes
_719
2
3
3
0%
Yes
.
3 6
100%
Yes
5
18
260%
Yes
South Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
54 32
-41%
Yes
54
32
-41%
Yes
3
3
0%
Yes
3 6
100%
Yes
5
18
260%
Yes
North Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
54 23
-57%
Yes
54
23
-57%
Yes
3 2
-33% '
No
3
2
-33%
No
6 20
233%
Yes
6
20
233%
Yes
Rear - facing
South Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
Max. wall length
54 23
-57%
Yes
54
23
-57%
Yes
Min. artic. offset
3 2,;
-33%
No
3
2
-33%
No
Min. artic. length
6 20
233%°
Yes
6
20
233%
Yes
Right - facing:
West Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
Max. wall length
54 37
-31%
Yes
54
37
-31%
Yes
Min. artic. offsetNo
3
2
-33%
_—o
Min. artic. length
9 ' °lm .S,', No
9
36
300%
Yes
- - facing:
East Wall ht. =
18
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
Max. wall length
54 37
31%
Yes
54
37
-31%
Yes
Min. artic. offset
3 `,', 2
.�_ 33% ..`
Na 3 ;`
2.
_'=33°Ca - Nci
Min. artic. length
No
9
36
300%
Yes
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City of Southlake, Texas
STAFF REPORT
February 27, 1998
CASE NO: ZA 98-005 PROJECT: Plat Revision - Lots 2R and 3R. Block 60,
Timarron Addition, Phase V
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Revision for the proposed Lots 2R and 3R, Block 60, Timarron
Addition, Phase V, being a revision of Lots 2 and 3, Block 60.
Timarron Addition, Phase V, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A,
Slide 3675, P.R.T.C.T.
LOCATION: Southeast corner of the intersection of East Southlake Boulevard
(F.M. 1709) and Byron Nelson Parkway.
OWNERS: Venus (Drews) Partners V, L.P., and Westerra Timarron, L.P.
APPLICANT: Venus (Drews) Partners V, L.P.
CURRENT ZONING: "R-PUD" Residential Planned Unit Development District with "C-2"
Local Retail Commercial District uses.
LAND USE CATEGORY: Retail Commercial
NO. NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: February 5, 1998; Approved (6-0-1) subject to Plat Review Summary
No. 1, dated January 30, 1998.
COUNCIL ACTION: February 17, 1998; Approved (7-0) to table and to continue the Public
Hearing to the March 3, 1998, City Council meeting.
STAFF COMMENTS: The applicant has met all the requirements of Plat Review Summary
No. 1, dated January 30, 1998, with the exception of those
requirements in the attached Plat Review Summary No. 2, dated
February 13 , 1998.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-005PR.WPD
7
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City of Southlake, Texas
PLAT REVIEW SUMMARY
(a'se No: ZA 98-005 Review No: Two Date of Review: 02/13/98
WM"*.1r*M1r4*11jt1rF71r1 6=0 4reramrs MAMS07=0 611411— - M LIN "A �-11 nA- n- i N
APPLICANT:
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SURVEYOR:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/09/98 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 EDWARD MCROY AT (817) 481-5581, EXT. 880.
In the metes and bounds description, Call number 4, Line 3 (east line Byron Nelson Parkway), replace
1115/8-inch" with "5/8-inch". Also identify the "414.91" dimension as the chord distance or remove
it.
A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing
this plat in the County records.
If desired the applicant may submit a revised blueline "check print" prior to submitting blackline
mylars with original signatures.
Original signatures and seals will be required three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 11 " or 14" paper) with original
signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than
signatures or seals, appear on the plat.
Denotes Informational Comment
cc: Venus (Drews) Partners V, L.P.
Wier & Associates
Westerra Timarron, L.P. - c/o Steve Yetts FAX (972) 329-5540
300 E Carpenter Frwy, STE 1425 Irving TX 75062
L:\CODKV\WP-FILES\RSV\98\98005PR2.WPD
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City of Southlake, Texas
STAFF REPORT
February 27, 1998
CASE NO: ZA 98-003 PROJECT: First Reading, Ordinance No. 480-271
Zoning Change / T. M. Hood No. 706 Addition
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property legally described as approximately
4.005 acres situated in the Thomas M. Hood Survey, Abstract No.
706, and being Tract 3D.
LOCATION: 1425 North Peytonville Avenue, being on the east side of North
Peytonville Avenue and being approximately 600' south of the
intersection of Coventry Lane and North Peytonville Avenue.
OWNERS: Don W. Moilan, Jr., and Mary E. Moilan
APPLICANT: Darrell Lake
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-lA" Single Family Residential District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eighteen (18)
RESPONSES: Nine (9) responses were received within the 200' notification area:
• Don W. and Mary E. Moilan, 1425 North Peytonville
Avenue, Southlake, Texas, in favor of. (Received 1/28/98)
"The rezoning will add to the beautification of the Coventry
Addition thus increasing its market value and eye appeal. "
• James A. Russell (Southlake-Coventry, Ltd.), 16250 Dallas
Parkway Suite 210, Dallas, Texas, undecided. See attached
letter requesting further information on proposed street and
lot configuration. (Staff has responded to this request.)
(Received 1/27/98)
• Timothy Orfield, 1603 Kings Court, Southlake, Texas, in
favor of. (Received 1/30/98)
go
City of Southlake, Texas
David and Laura Hill, 2200 Yorkshire Court, Grapevine,
Texas, opposed. "Why are we stacking homes on such a long
narrow lot? This will impact the adjoining land owners,'"
everyone will want to sell their backyards. In 5 years they
can add a third home to the property? - if the zoning is SF -
IA! This change cannot be made!" (Received 2/2/98)
• Mark and Janet Schmidt, 1602 Devon Court, Southlake,
Texas, opposed. (Received 2/3/98)
• Todd Murphy, 1600 Kings Court, Southlake, Texas, opposed.
(Received 2/4/98)
• Randolph J. Bradley, 1375 North Peytonville Avenue,
Southlake, Texas, in favor of. "I am in full support of the
zoning change proposed on this property. These people have
every right to rezone this property to promote its sale."
(Received 2/5/98)
• Mark and Terri Messing, 1505 Coventry Lane, Southlake,
Texas, undecided. See attached letter. (Received 2/5/98)
• Richard and Annette Borkowski, 1201 Cypress Creek Circle,
Southlake, Texas, undecided. "Until such time we have had
information that describes the proposed changes provided to
us, we cannot make a decision." (Received 2/5/98)
Seven (7) responses were received outside the 200' notification area:
• Sandra Edelman, 922 Turnberry Lane, Southlake, Texas,
opposed. "The property is too narrow and it is important to
preserve a few of the 1 acre plus tracts of land that are left in
Southlake. Southlake is already starting to look like Plano
and Coppell!" (Received 2/3/98)
• Wallace E. Downey, 1353 Woodbrook Lane, Southlake.
Texas, opposed. (Received 2/3/98)
• Carol Terlip, 912 Suffolk Court, Southlake, Texas, opposed.
"The property in question is long and narrow and would not
accommodate another row of homes properly. It would be
too crowded. In addition, it would have negative implications
for Peytonville Avenue. With a new school scheduled to be
built, it would add to the congestion." (Received 2/4/98)
• Mary Ann Miltenberger, 1506 Newcastle, Southlake, Texas,
opposed. "Stacking of 2 homes on this long narrow property
and also the future implications of this zoning change for the
rest of Peytonville Avenue." (Received 2/5/98)
• David J. Laroche, 1509 Norwich Court, Southlake, Texas,
opposed. "The future implications if this zoning change for
the rest of Peytonville Avenue." (Received 2/5/98)
• John and Susan Czerwonka, 921 Turnberry Lane, Southlake,
Texas, in favor of. (Received 2/18/98)
City of Southlake, Texas
• Jerry and Debby Daniel, 1600 Devon Court, Southlake,
Texas, opposed. "We are opposed to this re -zoning until
further advised as to what they plan to do with this land."
(Received 2/6/98)
P&Z ACTION: February 5, 1998; Approved (7-0) applicant's request to table and to
continue the Public Hearing to the February 19, 1998, Planning and
Zoning Commission meeting.
February 19, 1998; Approved (6-0).
STAFF COMMENTS: Please note that a change of zoning to the "SF-lA" Single Family
Residential District does not require a Concept Plan Review by
Staff.
Due to 20% opposition of property owners within the 200'
notification area, a super -majority vote (6 of 7) of the City
Council will be required to approve this request.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-003Z.WPD
TRACT MAP
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JPN-27-1990 09.7-7 FROM WARREN CLARK DEV%DCH TO
SOUTHLAKE-COVENTRY, LTD.
16250 Dallas Parkway Suite 210
Dallas, TCxss 75243
972-931-8971
Fax 972-931-8975
January 26, 1998
FAX - PAGE 1 OF 1
TO: Planning and Zoning Commission
City of Southlake, Texas
RE: REFERENCE NO: ZA 98-003 Zoning Change
1425 North Peytonville Avenue
18 i -1468? 7-70 P.001
We would like additional information as to the proposed street and tot configuration of the 4.005
acres because the land is so narrow and long. The property appears to be less than 200 feet wide
which could negatively impact Coventry depending on where the street is located. We would like
additional information to help us decide if we support or oppose this zoning change.
Sincerel ,
James A. Russell
Vice Presideat
Wu= Clark DeveloP=t, iac.
General Part= of SouWAo-Coveatiy, Ltd.
REC'D J A N 2 ? 1998
S P'(0 TOTAL P.001
(awl
Date: February 5, 1998
To: Southlake Planning and Zoning Commission
From: Mark and Terri Messing
1505 Coventry Lane
Subject: Reference No: ZA 98-003
A
We did not receive enough information to form ah opinion about this request. We have
heard rumors about plans to build everywhere from 1 to 4 homes and a street on this
land. We oppose any request to put 4 houses on this property but have no problem with
a single new home and driveway.
Looking at ,the tract map, there are more long, narrow pieces of land all along Peytonville
and Shady Oaks. We would like guidelines set so that no muti-home developments are
built on these lots.
In the future, we would prefer more specific information about requests made to the
commission. This will help reduce rumors and incorrect assumptions. We would also
prefer that this information be sent to us with the regular mail and not certified.
r
8 6 6 L 0 a�
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-271
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 4.005
ACRES SITUATED IN THE THOMAS M. HOOD SURVEY,
ABSTRACT N,6 ?OF , TRACT 3U, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "SF-1A" SINGLE-FAMILYRESIDENTIAL
DISTRC, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
G:\0RD\Z0N1NG\480.145
Page 1
AMR R
(awlchanges 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,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers.
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake.
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
G: \ORO\ZONI NG\580.145
Page 2
(, and amended as shown and described below:
Being a 4.005 acre tract of land situated in the Thomas M. Hood Survey, Abstract
No. 706, Tract 3D, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural 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, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land;
to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City- of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be 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
GAORMZONING\480.145
Page 3
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 additionany 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 , 1998.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1998.
G: \ORMZONI NG\480. I45
Page 4
MAYOR
ATTEST:
CITY SECRETARY
19B —''
A
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
G:\0RD\Z0NlNG\490.145
Page 5
88- tZ
A
0
EXHIBIT "A"
BEGINNING
at a l" iron
pin in the East
line of North Peytonville Avenue
(County Road
No. 3088). said
point being, by deed call, 497.42 varas
South and 24.0
feet East of the Northwest corner of said Hood Survey;
`HENCE
0
N. 89 - Ub'
- 25" E. 656.84
feet to an iron pin found for corner;
Trte.NCE
S. Uo - 34'
- 23" W. 202.bl
feet to an iron pin found for corner;
THENCE
S. 880 - 59'
- 3b" W. 854.84
feet to an iron pin found for corner in
the East line of said North
Peytonville Avenue;
THENCE
North 2U4.95
feet alm-a said
laze to the POINT OF BEGINNING and
containing 4.005
-st:: es .
G A0RD\ZONING\480. l45
Page 6
�I �
City of Southlake, Texas
STAFF REPORT
February 27, 1998
i
CASE NO: ZA 98-008 PROJECT: Plat Showing / Lots 11 and 12, T.M. Hood No.
706 Addition
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Showing of Lots 11 and 12, T. M. Hood No. 706 Addition on
property legally describbd as approximately 4.005 acres situated in
the Thomas M. Hood Survey, Abstract No. 706, and being Tract 3D.
LOCATION: 1425 North Peytonville Avenue, being on the east side of North
Peytonville Avenue and being approximately 600' south of the
intersection of Coventry Lane and North Peytonville Avenue.
OWNERS: Don W. Moilan, Jr. and Mary E. Moilan
APPLICANT: Darrell Lake
CURRENT ZONING: "AG" Agricultural District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eighteen (18)
RESPONSES: Five (5) responses were received within the 200' notification area:
• Don Moilan, P.O. Box 1508, Grapevine, Texas, in favor of.
• Randolph Bradley, 1375 North Peytonville Avenue, Southlake,
Texas, in favor of. "I fully support this zoning change.
There is no good reason why these people shouldn't be
allowed this change to facilitate the sale of their property."
(Received 2/5/98)
• Timothy Orfield, 1603 Kings Court, Southlake, Texas, in
favor of. (Received 2/ 17/98)
• David and Laura Hill, 1601 Kings Court, Southlake, Texas,
opposed. See attached letter. "We look forward to reviewing
the plat. Is there 100 ft. of frontage on Peytonville per zoning
code? Location of the driveway? How many trees will be
destroyed?" (Received 2/19/98)
• Todd Murphy, 1600 Kings Court, Southlake, Texas, opposed.
"Would like more info on house and driveway plans."
(Received 2/19/98)
City of Southlake, Texas
i
P&Z ACTION: February 19, 1998; Approved (6-0) subject to Plat Review
Summary No. 1, dated February U, 1998, deleting Item #9 (100' lot
width) allowing the plat as shown.
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 1, dated February
27, 1998.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-008PS.WPD
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3
City of Southlake, Texas
I
No: ZA 98-008 Revised Review No: One_ Date of Review: 2 7/9
Project Name: Plat Showing, Lot 11 & 12 T M Hood No 706 Addn being 4.007 acres out of the T. M.
Hood Survey. Abstract No 706
APPLICANT:
•
SURVEYOR:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/26J/98 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 DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Place the City case number "ZA 98-008" in the lower right-hand corner of the plat.
2. In the Dedication Statement add the following, after the last call and before "Lots 11 & 12 T.M. Hood
No. 706 Addition":
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT, We Don W. Moilan, Jr. and Mary Ellen Moilan, being all of the owners do
hereby adopt this plat designating the hereinabove described property as...
Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s)
then add a statement to this effect. The standard language for these statements is attached.
4. Verify the filing information shown for Trail Creek Addition.
5. Confirm that any existing structures are adequately off -set per zoning district setback regulations from
the proposed lot lines.
6. Add the following notes to the face of the plat:
a. Selling a portion of arty lot within this addition by metes and bounds is a violation of state law
and city ordinance and is subject to fines and withholding of utilities and building permits.
b. The owners of all corner lots shall maintain sight triangles in accordance with the City
Subdivision Ordinance.
L:\COMEV\WP-PILES\REV\98\98008PS1.A Page 1
ae-s
City of §outhlake, Texas
C. The Private 10' Landscape Easement is dedicated to and maintained by the
Indicate to whom this easement will be dedicated to and maintained by.
8. The following changes are needed with regard to easements:
a. Increase the Utility Easement on the north line of Lot 12 to 101
.
b. Show and label the type and width of all proposed easements in accordance with the utility
plans approved by the public works department.
9. Provide the minimum 100' lot width at the minimum front building setback line (40' measured from
dedicated R.O.W.).
10. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing
this plat in the County records.
11. The proposed lots do not meet the requirement for perpendicular lot lines. Modify the common side
lot line to meet this requirement.
* Review Comment #11 added after P&Z approval
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
Original signatures and seals will be required three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original
signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than
signatures or seals, appear on the plat.
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 02/23/98. If not received by that time, no review will be prepared until
the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11 "x 17"
revised reduction must be provided.
* Denotes Informational Comment
cc: Darrell Lake VIA FAX LISTED ABOVE
Carter Burgess VIA FAX LISTED ABOVE
Dan Moilan Jr. FAX: (972) 401-0370
L:\COMZV\WP-PILSS\RSV\98\98008PS1.A Page 2
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City of Southlake, Texas
i
CASE NO: ZA 98-008
STAFF CONTACT:
STAFF REPORT
February 27, 1998
PROJECT: Plat Showing / Lots 11 and 12, T.M. Hood No.
706 Addition
Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Showing of Lots 11 and 12, T. M. Hood No. 706 Addition on
property legally described as approximately 4.005 acres situated in
the Thomas M. Hood Survey, Abstract No. 706, and being Tract 3D.
LOCATION: 1425 North Peytonville Avenue, being on the east side of North
Peytonville Avenue and being approximately 600' south of the
intersection of Coventry Lane and North Peytonville Avenue.
OWNERS: Don W. Moilan, Jr. and Mary E. Moilan
APPLICANT: Darrell Lake
CURRENT ZONING: "AG" Agricultural District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eighteen (18)
RESPONSES: Five (5) responses were received within the 200' notification area:
• Don Moilan, P.O. Box 1508, Grapevine, Texas, in favor of.
• Randolph Bradley, 1375 North Peytonville Avenue, Southlake,
Texas, in favor of. "I fully support this zoning change.
There is no good reason why these people shouldn't be
allowed this change to facilitate the sale of their property."
(Received 2/5/98)
• Timothy Orfield, 1603 Kings Court, Southlake, Texas, in
favor of. (Received 2/ 17/98)
• David and Laura Hill, 1601 Kings Court, Southlake, Texas,
opposed. See attached letter. "We look forward to reviewing
the plat. Is there 100 ft. of frontage on Peytonville per zoning
code? Location of the driveway? How many trees will be
destroyed?" (Received 2/19/98)
• Todd Murphy, 1600 Kings Court, Southlake, Texas, opposed.
"Would like more info on house and driveway plans."
(Received 2/19/98)
SC -I
City of Southlake, Texas
P&Z ACTION: February 19, 1998; Approved (6-0) subject to Plat Review
Summary No. 1, dated February 13, 1998, deleting Item 99 (100' lot
width) allowing the plat as shown.
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 1, dated February
27, 1998.
L:\COMDEV\ W P-FILES'uMEMO\98CASES\98-008PS. WPD
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20
City of Southlake, Texas
46_U •
No: ZA 98-008 Revised Review No: One Date of Review: 02 27/9
Project Name: Plat Showing. Lot 11 & 12 T.M. Hood No. 706 Addn. being 4.007 acres out of the T. M.
Hood Survey. Abstract No. 706
APPLICANT:
SURVEYOR:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/26/98 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 DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Place the City case number "ZA 98-008" in the lower right-hand corner of the plat.
2. In the Dedication Statement add the following, after the last call and before "Lots 11 & 12 T.M. Hood
No. 706 Addition":
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT, We Don W. Moilan, Jr. and Mary Ellen Moilan, being all of the oNNmers do
hereby adopt this plat designating the hereinabove described property as...
Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s)
then add a statement to this effect. The standard language for these statements is attached.
4. Verify the filing information shown for Trail Creek Addition.
5. Confirm that any existing structures are adequately off -set per zoning district setback regulations from
the proposed lot lines.
6. Add the following notes to the face of the plat:
a. Selling a portion of any lot within this addition by metes and bounds is a violation of state law
and city ordinance and is subject to fines and withholding of utilities and building permits.
b. The owners of all corner lots shall maintain sight triangles in accordance with the City
Subdivision Ordinance.
L-\COMDEV\WP-PILES\RSV\98\98008PS1.A
Page 1
City of �outhlake, Texas
C. The Private 10' Landscape Easement is dedicated to and maintained by the
Indicate to whom this easement will be dedicated to and maintained by.
8. The following changes are needed with regard to easements:
a. Increase the Utility Easement on the north line of Lot 12 to 10'.
b. Show and label the type and width of all proposed easements in accordance with the utility
plans approved by the public works department.
9. Provide the minimum 100' lot width at the minimum front building setback line (40' measured from
dedicated R.O.W.).
10. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing
this plat in the County records.
11. The proposed lots do not meet the requirement for perpendicular lot lines. Modify the common side
lot line to meet this requirement.
* Review Comment #11 added after P&Z approval
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
Original signatures and seals will be required three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original
signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than
signatures or seals, appear on the plat.
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 02/23/98. If not received by that time, no review will be prepared until
the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11 "x 17"
revised reduction must be provided.
* Denotes Informational Comment
cc: Darrell Lake VIA FAX LISTED ABOVE
Carter Burgess VIA FAX LISTED ABOVE
Dan Moilan Jr. FAX: (972) 401-0370
L:\CO DEV\WF-FILBS\MM\98\98008YS1.A Page 2
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. 0. - ICity of Southlake, Texas
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Resolution 98-20 - Amending the Over-65 Homestead
Exemption and Disability Homestead Exemption
In 1986, the City of Southlake approved a $50,000 over-65 homestead exemption. The
disability homestead exemption is also set at $50,000. At the February 17 Council meeting,
the City Council asked that staff explore granting additional amounts for the over-65
exemption. The Tarrant Appraisal District processes the applications for these exemptions.
The over-65 exemption is granted based on a person's age as of January 1, for the fiscal year
that begins the following October 1.
Analysis of the City's appraisal roll for fiscal years 1991-92 through 1997-98 show that the
number of persons receiving the over-65 exemption increased from 177 to 249, and the
average appraised value increased from $100,948 to $140,247. The average net taxable value
for these over-65 accounts has increased from $55,179 to $93,397. The total value loss to the
City for the over-65 exemption has increased from $8.1 million to $11.6 million.
A comparison of the disability homestead exemption is also presented. There are currently
only 20 accounts receiving the disability exemption. Total value loss for the disability
exemption is $866,900 for fiscal year 1997-98, and the average net taxable value is $131,820.
Persons may only claim one of these exemptions: either for the disability or the over-65, but
not both.
City taxes are not `frozen' when a person turns 65. The school district tax levy is frozen when
a person turns 65, meaning that even if their property value or the school district tax rate
increases, their tax bill will remain at the same amount as the year they claimed the over-65
exemption. There is no maximum amount of over-65 or disability exemption that can be
adopted. In Tarrant County this year, the maximum amount currently granted is $60,000 by
the Lake Worth ISD. Granting an additional $10,000 over-65 and disability exemption will
result in a savings to the individual of $42.20 annually. A $25,000 additional exemption will
result in a savings of $105.50 annually. A multiple of these amounts may also be considered.
A resolution is proposed with the amounts left blank for the Council's consideration. The
amounts must be determined and filed with the Appraisal District by March 30 for
implementation in FY1998-99.
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RESOLUTION 98-20
A RESOLUTION by the City Council of the City of
Southlake providing for exemptions for residential
homesteads for persons sixty-five (65) years of age or
older, and for exemptions of residential homesteads of
disabled persons, from city ad valorem taxes.
WHEREAS, the City Council wishes to alleviate the municipal tax burden on
those persons over sixty-five (65) and disabled persons; and
WHEREAS, pursuant to Article VIII, Section 1-b of the Texas Constitution,
and pursuant to the provisions of Section 11.13 of the Texas Property Tax Code, the
governing body of the taxing unit may specify the amount of residential homestead
exemption; and
WHEREAS, on September 16, 1986, pursuant to Article VIII, Section 1-b of
the Texas Constitution, and pursuant to the provisions of Section 11.13 of the Texas
Property Tax Code, Council approved the exemption of $50,000 of the assessed value
of the residential homesteads from the City ad valorem taxes for persons sixty-five (65)
years of age and older; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
Section 1. That all matters stated in the preamble are true and correct and
incorporated herein as if copied in their entirety.
Section 2. That of the assessed value of the residential
homesteads of persons sixty-five (65) years of age and older shall be exempt from City
ad valorem taxes.
Section 3. That of the assessed value of the residential
homesteads of disabled shall be exempt from City ad valorem taxes.
Section 4. That these amounts shall become effective once filed with the
Tarrant County Appraisal District and will be implemented in the 1998-1999 fiscal
year.
A
PASSED AND ADOPTED, this the 3rd day of March, 1998.
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
Rick Stacy
Mayor
g8- 5
RESOLUTION 98-20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE PROVIDING FOR EXEMPTIONS FOR
RESIDENTIAL HOMESTEADS FOR PERSONS SIXTY-
FIVE (65) YEARS OF AGE OR OLDER, AND FOR
EXEMPTIONS OF RESIDENTIAL HOMESTEADS OF
DISABLED PERSONS, FROM CITY AD VALOREM
TAXES.
WHEREAS, the City Council wishes to alleviate the municipal tax burden on
those persons over sixty-five (65) and disabled persons; and
WHEREAS, pursuant to Article VIII, Section 1-b of the Texas Constitution, and
pursuant to the provisions of Section 11.13 of the Texas Property Tax Code, the
governing body of the taxing unit may specify the amount of residential homestead
exemption; and
WHEREAS, on September 16, 1986, pursuant to Article VIII, Section 1-b of the
Texas Constitution, and pursuant to the provisions of Section 11.13 of the Texas Property
Tax Code, Council approved the exemption of $50,000 of the assessed value of the
residential homesteads from the City ad valorem taxes for persons sixty-five (65) years of
age and older, NOW, THEREFORE<
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
Section 1. That all matters stated in the preamble are true and correct and
incorporated herein as if copied in their entirety.
Section.. That $75,000 of the assessed value of the residential homesteads of
persons sixty-five (65) years of age and older shall be exempt from City ad valorem
taxes.
Section 3. That $75,000 of the assessed value of the residential homesteads of
disabled persons shall be exempt from City ad valorem taxes.
lggq -ql
Section 4. That these amounts shall become effective for the +"9-tax year.
PASSED AND ADOPTED, this the 3rd day of March, 1998.
Rick Stac
Mayor
Resolution 98-20
March 3, 1998
Page 2
FS
a
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
r -
t
I
i
�W
TO:
FROM:
SUBJECT:
City of Southlake, Texas
MEMORANDUM
February 27, 1998
Curtis E. Hawk, City Manager
Kevin Hugman, Community Services Manager
Ordinance No. 698, 1" Reading, Calling a Special Election for May 2, 1998,
for the purpose of amending the Home Rule Charter
At its January 20, 1998 meeting, the City Council created a Charter Review Committee to
recommend proposed changes to the Home Rule Charter. The Committee has reviewed and
discussed a number of proposed changes, including the propositions that failed in the 1995 Charter
election.
Due to the dedication, commitment, and effort put forward by each member of the Charter Review
Committee, they have completed their review 'in only three meetings, under a very demanding
time schedule. The Committee is now recommending the City Council consider bringing their
proposed amendments before the Southlake voters on May 2, 1998 for their approval.
Attached is a memorandum from the Committee noting the changes they recommend be made to
the Home Rule Charter. The memo was signed by all in attendance at the meeting. The proposed
amendments are shown in Exhibit A of Ordinance No. 698, and the ballot that will be presented
to the voters is shown in Exhibit B of the ordinance.
Councilmember Ralph Evans served as the chair of the committee, and Councilmember Scott
Martin also served. They, and some of the other members of the committee, will present their
recommendations to the full City Council at the March 3, 1997 meeting. If I can answer any
questions you may have in the meantime, please let me know.
Attachments: Memo dated February 25, 1998 from the Charter Review Committee
Ordinance No. 698, calling a special election for May 2, 1998
l
City of Southlake, Texas
MEMORANDUM
February 25, 1998
TO: Mayor and Members of the City Council
FROM: Charter Review Committee
W. Ralph Evans, Chair
Scott Martin
Karen Cienki
Doug Fierce
Robin Jones
F.C. LeVrier
Norm Lyons
Kosse Maykus
Bethann Scratchard
SUBJECT: Recommended Charter Revisions
j We respectfully submit the attached recommended revisions to the Home Rule Charter for the City
j of Southlake.
The Committee recommends Saturday, May 2, 1998 as the date on which these recommended
revisions be submitted to qualified voters for adoption or rejection. We recommend these
revisions to the City Council and urge the adoption of each. It is our belief that the changes will
permit our City government to operate in a more effective and satisfactory manner in the best
interest of all citizens.
The attached revisions will, if approved by the voters, accomplish the following:
1. Remove references to Police and Fire Departments and instead, refer to the Department
of Public Safety.
2. Omit references to City Council seats being elected in even or odd numbered years.
3. Provide for the ability of the City Council to cancel or move the regular meetings after
posting notice of the same.
4. Allow for votes to be taken by electronic device.
5. Provide that ordinances be passed at two meetings, the second of which must be a
regular meeting.
6. Delete the requirement that the caption of ordinances be read at City Council meetings.
Recommended Charter Revisions
February 25, 1998
Page 2
7. Require that all boards and commissions maintain minutes; provide that members of
boards and commissions serve at the pleasure of council and may be removed by a vote
of the majority of Council unless this provision is in conflict with any law or statute of
the State; provide that all members of boards and commissions serve without
compensation; provide that vacancies on any board or commission will be filled by
appointing a replacement to fill the unexpired term; and provide that no member of any
board or commission shall hold any other salaried or elected City office.
8. Provide that matters relating to city parks are delegated by the City Council to another
city board with those responsibilities.
9. Change the requirement to update the Land Use Plan to every four years.
10. Provide for the City Charter to be in conformity with state law by incorporating several
clean-up revisions.
Councilmembers Evans and Martin are available to answer any questions you may have regarding
these recommendations. Other members of the Committee will be present at the City Council
meeting Tuesday, March 3 as well.
Respectfully submitted,
SOUTHLAKE CHARTER REVIEW COMMITTEE
W. Ralph EvAns, Chair
klc
K en Cienki
Robin Jones
o�rmyons
Bethann Scratchard
ll
-
Scott Martin
Doug ierce
s
. LeVrier
i
Kosse Maykus
A
ORDINANCE NO. 698
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING
A SPECIAL ELECTION FOR MAY 2, 1998, FOR THE PURPOSE OF
AMENDING THE CITY CHARTER; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; 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, it is the intention of the City Council to call a special election to submit
proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the
Texas Local Government Code; and
WHEREAS, an election to submit to the voters proposed amendments to the city
charter is required by law to be held on a uniform election date; and
WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the
first Saturday in May shall be a uniform election date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
SECTION 1.
The City Council does hereby, on its own motion, order a special election to submit to
the voters of Southlake proposed amendments to the City Charter as set forth in Exhibit A,
attached to and incorporated in this ordinance for all purposes. The election shall be
M A W P-FILES\COUNCIL\ORD698. DOC
1
(W
conducted according to the laws of the State of Texas, and shall be held on May 2, 1998, from
7:00 a.m. to 7:00 p.m.
SECTION 2.
The official ballots for said election shall be prepared in accordance with the Code so
as to permit the electors to vote "YES" or "NO" on each proposition, with the ballots to
contain such provisions, markings and language as required by law, and with the propositions
to be expressed substantially as set forth in Exhibit B, attached and incorporated in this
ordinance for all purposes.
SECTION 3.
The Mayor and City Secretary of the City, in consultation with the City Attorney, are
hereby authorized and directed to take any and all action necessary to comply with provisions
of the Texas Election Code or other state and federal statutes and constitutions in carrying out
the conduct of the election, whether or not expressly authorized herein.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and resolutions 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 and resolutions are hereby repealed.
M:\WP-FILES\COUNCIL\ORD698. DOC
2
9D-5
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.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
MAYOR
ATTEST:
CITY SECRETARY
M A W P-FILES\COUNCIL\ORD698. DOC
3
8D-�2
(W PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
M A W P-FILES\COUNCIL\ORD698. DOC
4
ED-7
' FE3-27-199e 11:11 LAW FIRM
81? 332 4740 P.06i12
EXMBIT A
PROPOSED CITY CHARTER AMENDMENTS
FOR THE MAX 2, 1998 ELECTION
Only the sections or paragraphs being amended are presented below. Sections and paragraphs
not included below remain unchanged. The underlined words are being added to the Charter, and
the words with a line drawn through them are being deleted.
1.11. Street Powers.
The City shall have exclusive domain, control and jurisdiction in, upon, over and under all
alleys, streets, gutters and sidewalks, situated in the City, and the power to lay out, establish, open,
alter, widen, lower, extend, grade, drain, abandon and improve streets, alleys, sidewalks, squares,.
parks, public places and bridges and regulate the use thereof, and require the removal from streets,
sidewaU alleys, and other public property or places of all obstructions, telegraph, telephone or other
poles, carrying electric wires or signs, encroachments of every --nature or character upon any said
streets and sidewalks, and to vacate and close private ways; and when a street or alley has been
vacated or abandoned, the City shall have the right to sell the same at an appraised value with the
present adjoining owners having the first right of refusal, as now provided by the General laws of the
State of Texas. The provisions of shaper 313 Texas Transportation Co d—e 186,
are expressly adopted and
Made a part of the Charter. Such exclusive dominion, control and jurisdiction in, upon, over under
the public streets, avenues, sidewalks, parkways, alleys and highways of the City shall also include,
but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all
utility pipes, lines, wires or other property.
1.16. Department of Public Saf
The Council shall have the power, by ordinance-m otherwise to create a department of Public safety
to consist of the followin 'visions:;
(1) fire Protection division: to provide means for protection against conflagrations and for
. guarding against
theesub
fires. It may also, by ordinance, regulate or forbid the storage of lumber, building materials of any
kind, flammable or explosive goods or hazardous materials, wares and merchandise of any kind;
( police services division: to provide means to preserve order within the City, -and to secure
residents of the�id City from violence. and to protect proper from injury or lossandfor
(No
Person. except as authorized by general law, by this Charter, or by QX ordinancesvas3ed Pal
hereto, shall act as special police or special detective,; and
EGM Aso oRX&MaNa M
� e car Chan Aster roar me MV x,1�t t� or soA"* c+b MXW Moe
FE3-27-1998 11:11 LAW FIRM E17 332 4740 P.07i12
(3) any other division determined by the Council to be necessary or desirable for the public
. as fete of the citizens.
1.17. Section number reserved for future use.
2.02. Elective Officers.
(a) The members of the Council shall be elected and hold office as herein provided in this Charter.
All members of the Council, and the Mayor, shall be elected under the Place system_ The Mayor and
each member of the Council shall hold office for a three (3) year term. Upon expiration of the terms
of the current Mayor and Council members their successors shall be elected for terms as follows:
Place 1$nd Place 6 shall be elected for a term of two (2) years, beginning with the regular
City election held on the first Saturday in -May, 1991.
Place 2 and the Mayor shall be elected for three (3) year terms, beginning with the regular
City election held on the first Saturday in May, 1991.
Place 3, Place 4, and Place S shall be elected to terms of three (3) years, beginning with the
regular City election held on the first Saturday in May, 1992.
Upon the expiration of the above terms of the Mayor and Council members, their successors shall be
elected for terms of three (3) years. All places, including Mayor, will be elected at large. Place 3,
ptace 7
2.08. Vacancies; Forfeiture of Office; Filling:of Vacancies.-
(c) Filling of Vacancies. If a vacancy occurs in the position of Mayor or Council member, a
special election shall be held on the next election date authorized by the Texas Election Code that is
at least 45 days after the vacancy occurs and that is on or after -the 30thdgy after the date the election
is ordered, for the purpose of filling the vacancy. If the vacancy occurs within ninety (90) days prior
to a general election, the vacancy shall be filled at the general election. AU vacancies filled under this
Section 2.08(c) shall be for the unexpired term of the office filled.
2.o9. Meetings of the City Council.
The Council shall hold at least two regular meetings each month on the first and third Tuesday
evenings of the month at a time to be fixed by ordinance, unless the dates fall on a regularly observed
City holiday, provided that the Council may!
(11) cancel or move a regular mecti_ng to another daX by postingl 72-hour notice in accoLda=
with the Texas Men Meetings Act raving notice of either action, and
establish as many additional regular meetings during the month as may be necessary for
the transaction of the business of the City and its citizens.
FJQ�IIBn ATO ORDWANCE NO. Cif PAGE 2
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All meetings of the Council shall be open in accordance with and except as provided by the Texas
Open Meetings Act, Chapter 551.£-fir, Government Code, and shall be held at the City
HaU.; provided_ -except that the Council may designate another place for the meetings.
2.11 Rules or the Council; Minutes and Procedures
(a) The council shall provide for citizen participation at any meeting with regard to any matter under
consideration in accordance with rules and regulations as the Council may provide. The Council shall
provide for minutes being taken and recorded for all meetings, and such minutes shall be a public
record. Minutes of all meetings of the Council shall be promptly entered within forty-eight (48) hours
after approval in the permanent official records of the City, and the City Secretary, or other
designated person, shall at the same time provide a permanent and adequate index showing the action
of the Council in regard to all matters submitted to it at both -regular and -special sessions.
(b Voting, except on procedural motions, shall be by roll call or electronic device which visually
indicates to th insattendance how each Council member votes. If an a nie device is used and
the capacity of the Council chamber is exceeded or a member of the Council or City staff teau-
be-
iti Secretaryshall audiblycon the vot . v f uncil m bers shall
recorded in the minutes. The vote upon the passage of all ordinances and resolutions shall be taken
by the "ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon its
final passage, shall be authenticated by the signature of the presiding officer and the person
performing the duties of the City Secretary.
ih" Any item requested by one (1) or more members of the Council or by the City Manager shall
be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for
each Council meeting. The City Secretary shall prepare the agenda, which shall be publicly posted at
City Hall in accordance with the Texas Open Meetings, Act, Chapter 551, Government Code;
3.02 Appointment of Members of Boards and CoMmIssions
(a) The members of all boards and commissions created by this Charter or by the Council, including,
but not limited to, the Board of Adjustment and Planning and Zoning Commission, shall;
(D be appointed by the Council: and
21 serve at the Rleasure of the Council and may only be removed by a Mworiri y vote of
the Council unless this provision conflicts with state law in which case the state law controls.
(b) Vacancies on boards and commissions shall be filed by Council avvointment f a realacement
to fill the une=ired term.
3.07. State of Emergency.
W A state of emergency shall be deemed to exist during periods of impending or actual
public crisis or disaster. A state of emergency may be declared by the vote ofthe Council, or by order
of the Mayor, or, in his absence or disability, the Mayor Pro Tern, if a meeting of the Council cannot
Fir A TO 60 ANCS NO- of YA[M 3
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be called within the time available, whenever conditions threaten to render inadequate the normal
procedures of the City for protection of persons or property.
bW During a state of emergency, the Mayor, or, in his absence or disability, the Mayor Pro
Tern shall have all the powers which would be vested in the Council as provided in Chgpia 433.
Government Cod Lo the extent
he considers it to be reasonable, or necessary for the protection of persons or property.
LcJ The emergency powers herein provided shall be exercised only to the extent made
necessary by the nature of the emergency and during the continuation of the state of emergency.
3.11 Action Requiring an Ordinance
(b) Acts other than those referred to in SubsectionSe) may be accomplishes)
done either by ordinance. resolution, or minute order.
Ordinances on first consideration and resolutions may be passed at any regular meeting or special
meetin& and ordinances on second consideration mU be posed at arty regular m inn_ -for
titarpa, poa� provided 1. t iat notice has bey given in accordance with the Texas Open Meetings Act, -
Chapter 551. Government Cod
3.13 Procedure for Enacting Ordinances, Publication
(a) Upon introduction of any ordinance by a Council member, the City Secretary shall distribute a
copy to the Mayor, each Council member and to the City Manager, and shall file a reasonable number
of copies in the Office of the City Secretary and such other public places as the Council may
designate. All ordinances, exclusive of emergency ordinances, defined by Section 3.14 of this
Charter, shall be considered and passed in openmeetings of the Council At -on two (2) separate
Council meetings, the second of which mush be a regular meetin ,
mtees be,. Thg
caption ofan ordinance must be read at a Council meeting only ifa member ofthe public or a member
9f Cquapil RVests the reading before a vote is taken. The City Secretary shall publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing -thereon and for its consideration by the Council, at least ten (10) days before the second
meeting at which the ordinance is considered-Teading. All persons interested shall have the
opportunity to be beard. After the hearing, the Council may adopt the ordinance with or without
amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt
it until the ordinance or its amended sections have been subjected to all the procedures required in
the case of a newly introduced ordinance. The City Attorney shall approve as to legality 0
ordinances prior to final adoption.
4.02. Boards and Commissions.
(a) Members of boards and commissions of the City shall serve without compensation;
provided that they maxbe reimbursed for expenses incurred in the performance of_tbeir duties as
board or commission members.
PAGE 4
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FEB-27-199e 11:13 LAW FIRM S17 332 4740 P.ie/12
(bl _A_person who holds a salaried or elected2osition with the City is not eli''ble to serve on
a Chv board or commi sion. This subsecti n does not prevent a person who holds a salaried or
elected position with the City from semng on the board of an entity created undst state law after a
Yote by the citizens at an election creating the, entity.
(cc) All boards and commissions shall maintain minutes oftheir meetings which shall be public
records and which indicate at a minimum, the mombm present, the suWect of matters consider. and
the result ofga voteen. The minutes shall indicate how each member voted on each matter.
7.10. Filing for OfTicdProcedures.
U Each candidate for an elective office shall meet the qualifications set forth in Section 2.04.
0) Except for a Mtcial election to fill a vacancy. any person so qualified who desires to
become a candidate for election shall file an application with the City Secretary, not earlier than
seventy-five (75) days nor later than forty-five (45) days prior to the election date. Such an
application shall be in compliance with the Texas Election Cods.
fc) Within five (5) days after the filing of an application, the City Secretary shall notify the
candidate whether or not the application satisfied the requirements prescribed by this Charter. If an
application is found insufficient, the City Secretary shall return it immediately to the candidate with
a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new
application may be fled by the same candidate. The City Secretary shall keep on file all applications
found sufficient at least until the expiration ofthe term ofwhich the candidates are nominated in those
applications.
7.32. Petitions.
(b) Form and Content. All papers of a petition shall be uniform in size and style and shall be
assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and
shall be followed by the signer's printed name, , the county of
registration, the signer's residence address, -and date of signing, and any oth-cr information required
by state law. Petitions shall contain or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
11.03. The Planning and Zoning Commission.
There shall be established by the Council a Planning and Zoning Commission, which shall
consist of seven (7) citizens from the City. The members of the -said Commission shall be appointed
by the Council for a term of two (2) years. Three members of the Planning and Zoning Commission
shall be appointed each odd numbered year. The remaining four (4) members of the Planning and
Zoning Commission will be appointed each even numbered year. The Commission shall annually elect
a Chairman from its membership and shall meet not less than once a month. The chairman of the
Commission shall be a voting member. A majority of the members shall constitute a quonun.
Planning and Zoning Commission members forfeit their office if they fail to attend two (2)
consecutive regular meetings of the Commission without being excused by the Council.
EX M A TO ORMANCE NO.691 PASS I
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FEB-27-1998 11:14 LAW FIRM
317 332 4740 P.11/12
A.— vib er ofthe r=maissionntq bete-w red afters Public tRwhis based On a written etmSe
At il
.., . . .. . . . . .. .. . . . �.. .. .. upon . . 1 .1 _ ..
such
... _ ...
.1 r.1ICY • the • . M / •terin. '•. t ■ I •IA • 1 shall \ . • •fift • . Vim.• .ng. .ch
be a public tecord. f..
q1te conuTissimz s11214 . •. NO.=nbetoftile F11WHIhig
•.. • • 1..•1" 1 1 1 • . l\I... • • •rr•1 w• etected - • •. .
'Purpose/ / Object. Planning 1/Zoning Commission.
The purpose and object of the Planning and Zoning Commission is to act as an advisory board
to the Council in matters designated by ordinance and by state law. Except for matters relating to
city parks which are dejtated by the Council to another city board with resvonsilAlities relating to
cilyparks_ the Commission shall advise the Council on matters relating t zoning, public
improvements, civic improvements, city planning, opening, widening and changing of streets, routing
of public utilities, controlling and regulating traffic upon the public streets and ways of the City and
such other matters relating to City improvements as the Commission and the Council may deem
beneficial to the City.
� o►
.1
• •'• .\11. • •I • • . • �. • .• • t .1 .1 - • • . I� Y
11.06. The Master Plan.
(d) The Master Plan components shall be reviewed by the Planning and Zoning Commission
and updated as necessary to reflect changing City conditions and requhtmen , .
every four (4) years. The City Manager shall be
responsible for scheduling reviews in accordance with this requirement.
EX MW A TO ORDINANCE NO.691 PAGE 6
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- FE3-27-19%- 11:14 LAW FIP,M E17 332 4740 P.12i12
A
ExmrrB
TO ORDINANCE NO.699
BALLOT PROPOSITIONS
PROPOSITION NO. 1- Department of Public Safety
Shall the Charter of the City of Southlake be amended to authorize the city council to
combine the city's fire protection and police services into a department of public safety; by
amending Sections 1.16 and 1.17?
PROPOSITION NO.2 - City Council Meetings
Shall the Charter of the City of Southlake be amended to authorize the city council to cancel
or move the date of a regular city council meeting by posting a 72-hour notice in accordance
with state law and to authorize the city council to vote by an electronic device which visually
indicates the votes to those in attendance at a city council meeting, by amending Sections 2.09
and 2.11?
PROPOSITION NO.3 - Boards and Commissions
Shall the Charter of the City of Southlake be amended to provide that a vacancy on a board
or commission will be filled for the unexpired term; that members of city boards and
commissions serve without compensation; that a person who holds a salaried or elected city
office may not serve as a member of a city board or commission; that each board and
commission shall keep minutes of its meetings which are public records; and that members
of city boards and commissions serve at the pleasure of the city cmmcii and may only be
removed by a majority vote of the council, except when otherwise provided by state law;
amending Sections 3.02, and 1.1.03, and adding Section 4.02?
PROPOSITION NO.4 - Planning and Zoning Commission
Shall the Charter of the City of Southlake be amended so that the purpose and duties of the
planning and zoning commission shall be as designated by ordinance and state law; providing
that the city council may delegate matters concerning city parks to another board that has
responsbilities relating to parks; and providing for planning and zoning commission review
of all components of the Master Plan every four years; amending Sections 11.03, 11.04, and
11.06 and repealing Section 11.05?
PROPOSITION NO.5 - Adoption of Ordinances
Shall the Charter of the City of Southlake be amended to require that ordinances be passed
at two meetings, the second ofwhich must be a regular meeting; and to require reading of the
ordinance caption only if requested by a member of the public or a city council member,
amending Sections 3.11 and 3.13?
PROPOSITION NO. 6 - Correcting Provisions to Conform with State and Federal Law;
Correcting Language
Shall the Charter ofthe City of Southlake be amended to conform with state and federal law
with respect to elections and statutory rcferences; and to correct language regarding
staggering of city council terms; amending Sections 1.11, 2.02, 2.08, 209, 2.11, 3.07, 3.11,
7.10, and 7.32(b)?
EX=rr B TO ORMANU No. M
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TOTAL P.12
t - City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 699, 1" reading, adopting a cross -connection control
policy
BACKGROUND
A cross -connection is defined as an actual or potential direct or indirect connection
between a potable water supply and non -potable water (any water suspected or containing
any pollutant or contamination). The greatest concern is cross -connection in an industrial
or commercial building; hospitals or medical facilities; and schools.
The Texas Natural Resources Conservation Commission requires backflow protection for
cross -connections. Title 30 of the Texas Administrative Code states, "No water
connection from any public drinking water supply system shall be made to any
establishment where an actual or potential contamination or system hazard exists without
an air gap separation between the drinking water supply and the source of potential
contamination." The City of Fort Worth has adopted a cross -connection policy and the
City of Southlake must adopt similar water distribution policies, according to the water
purchasing contract.
This proposed ordinance requires a Utility Operator from the Water Utilities Division to
inspect facilities that pose a potential health hazard. Any water connection customer that
is required to have a backflow device or assembly will have a yearly test of these
assemblies by a state certified inspector and a copy of the results made available to the
City.
It is possible that a significant number of these devices will require repair or replacement
or additional facilities will be required to install a backflow device. This will impose
additional costs and inconveniences on some water customers, but will increase the level
of safety in our public water system. It is important to remember that if the City's
monthly tests of its water system show a high bacteriological count the City must
advertise this in the newspaper to alert water customers.
This proposed policy does not require that a large backflow preventer be installed at the
curb. Smaller backflow assemblies installed within the interior of the structure are
sufficient. Builders often install interior devices to protect the flow of water within the
8E-1
24
Curtis Hawk
Ordinance No. 699
February 27, 1998
Page 2
building. Also, a backflow device is not always required if the system is properly
designed to provide a continuous flow.
The City Attorney is reviewing the ordinance and will have comments and an updated
draft prepared for the Council meeting on March 3, 1998.
RECOMMENDATION
Staff recommends Council approve Ordinance No. 699, Is' reading, adopting a cross -
connection control policy. Please place this item on the March 3, 1998 Regular City
Council Agenda for City Council review and consideration.
CRE
Attachment: Proposed Ordinance No. 699
8E- 2
`:
DRAF-.
(W ORDINANCE NO.
AN ORDINANCE ADOPTING A CROSS CONNECTION CONTROL
POLICY FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR
THE DESIGN, CONSTRUCTION, AND MAINTENANCE OF CROSS
CONNECTIONS AS DEFINED BY THE TEXAS NATURAL RESOURCES
CONSERVATION COMMISSION AND THE PLUMBING CODE;
PROVIDING FOR VARIANCES TO THIS ORDINANCE; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code: and
WHEREAS, the City Council deems that it may be necessary to adopt a Cross
Connection Control Policy containing cross connection design and installation standards
(awl in order to promote the health, safety, and welfare of the citizens of the City and the
public in general.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
There is hereby adopted a Cross Connection Control Policy for the City of
Southlake as provided in Exhibit "A" attached hereto and incorporated herein for all
purposes. The Cross Connection Control Policy adopted herein shall have the force and
effect of law.
A
8E-3
SECTION 2.
(600.1 This ordinance shall be cumulative of all provisions of ordinance of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrases, clause, sentence, paragraph or section.
(W SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
or the Cross Connection Control Policy adopted herein shall be fined not more than
Dollars ($?) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of Ordinance No. or any other ordinances affecting
which have accrued at the time of the effective date of this ordinance; and, as to such
accrued under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
8E-4
SECTION 6.
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 the passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
,1997.
u: •;
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF , 1997.
MAYOR
ATTEST:
CITY SECRETARY
8E-5
EXHIBIT "A"
CROSS CONNECTION CONTROL POLICY FOR
PUBLIC DRINKING WATER
DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
article shall have the meanings hereinafter designated. If a word or term used in Division of
this article is not contained in the following list, it shall have the definition provided for such
word or term in the 9th (ninth) edition of the Manual of Cross Connection Control
published by the Foundation for Cross Connection Control and Hydraulic Research,
University of Southern California:
Approved backflow prevention assembly (or Backflow assembly or assembly) an assembly
to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of
approved assemblies issued by the City of Southlake.
Auxiliary supply any water source or system other than the public water system, that may be
available in the building or on any property.
AVB atmospheric vacuum breaker.
Backflow
(a) The flow in the direction opposite to the normal flow; or
(b) The introduction of any foreign liquids, gases, or substances into the public water
system.
Backflow assembly (see "Approved backflow prevention assembly").
Boresight (or boresight to daylight) providing adequate drainage for backflow prevention
assemblies installed in vaults through the use of an unobstructed drain pipe.
Commission the Texas Natural Resource Conservation Commission and its successor
agencies.
Contamination the presence in or entry into a public water supply system of any substance
which may be deleterious to the public health and/or the quality of the water.
8E-6
Cross connection any physical arrangement where a potable water supply is actually or
potentially connected with any non -potable water system, used water system or auxiliary water
supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp
cooler, air conditioning unit, fire protection system, or any other assembly which may be
capable of imparting contamination to the public water system as a result of backflow.
Bypass arrangements, jumper connections, removable sections, swivel or change over
assemblies, or other temporary or permanent assemblies through which, or because of which,
backflow may occur are considered to be cross connections.
DC double check valve backflow prevention assembly.
DDC double detector check valve assembly.
Degree of hazard the low or high hazard classification that shall be attached to all actual or
potential cross connections.
Department the Department of Public Works of the City of Southlake.
Director the City of Southlake's Director of Public Works or the Director's authorized
representative.
Double check valve backflow prevention assembly (or double check assembly or double
check) an assembly which consists of two independently operating check valves which are
spring -loaded or weighted. The assembly comes complete with a gate vale on each side of the
checks, as well as test cocks to test the checks for tightness.
Drinking water water distributed for human consumption, for use in preparing food or
beverages, or for use in cleaning a utensil or article used in preparing food or beverages, or
for use in cleaning a utensil or article used in preparing food or beverages for , or consuming
food or beverages by, human beings.
Health hazard an actual or potential threat of contamination of a physical or toxic nature
dangerous to health, to the public potable water system or a consumer's potable water system.
Human consumption uses by humans in which water can be ingested into or absorbed by the
human body. Examples of these include, but are not limited to, drinking, cooking brushing,
brushing teeth, bathing, washing hands, preparing foods, and washing dishes, utensils, and
other articles used in the preparation or consumption of food.
Inspector a person that is a certified cross connection inspector employed by or under contract
with the city.
(WO-1 -2-
8E-7
(ave
Low hazard the classification assigned to a cross connection that could potentially allow a
substance that may be objectionable but not hazardous to a person's health to backflow into the
potable water supply.
Non-residential use includes all uses not specifically included in "residential use."
Non potable water water not fit for drinking, personal or culinary utilization.
Plumbing code the Plumbing Code adopted by ordinance by the City.
Plumbing hazard an internal or plumbing -type cross connection in a consumer's potable
water system than may be either a pollution or a contamination hazard.
Point -of -use isolation assembly the appropriate backflow prevention within a consumer's
water system at a point at which a cross connection exist
Pollutant polluted water, dredged spoil, solid 'waste, incinerator residue, sewage (including
sewage from boats), garbage, sewage sludge, munitions, chemical wastes, biological materials,
toxic materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt, and industrial, municipal, and agricultural waste. It shall not mean sewage sludge,
rock sand, dredged spoil, or cellar dirt when said material is used by the City for fill or reuse.
Pollution the man-made or man -induced alteration of the chemical, physical, g sical, biological, or
radiological integrity of water.
Pollution hazard an actual or potential threat to the physical properties of the public water
system or the potability of the public or consumer's potable water system but which would not
constitute a health or system hazard. The maximum degree of intensity of pollution to which
potable water system could be degraded under this definition would cause a nuisance or be
aesthetically objectionable or could cause minor damage to the system or its appurtenances.
Potable water Water free from impurities present in amounts sufficient to cause disease or
harmful physiological effects and conforming in bacteriological and chemical quality to the
requirements of the Public Health Service Drinking Water Standards or the regulations of the
public health authority having jurisdiction.
Potable water supply any water supply intended or used for human consumption or other
domestic use; also any water which is potable.
Premise isolation the appropriate backflow prevention at the service connection between the
public water system and the water user.
SE-8
Public water system public or privately owned system which supplies water for human
consumption. The system includes all service lines to the meter, reservoirs, facilities, and
equipment used in the process of producing, treating, storing or conveying water for public
consumption.
PVB pressure vacuum breaker.
Reduced pressure principle backflow prevention assembly or (reduced pressure principle
assembly or RP assembly or RP) an assembly containing two independently acting approved
check valves together with a hydraulically -operated, mechanically independent pressure
differential relief valve located between the check valves and at the same time below the first
check valve. The assembly shall include properly located test cocks and tightly closing shut-off
valves at the end of the assembly.
Residential use single family dwellings, duplexes, multiplex housing and apartments where
the individual units are each on a separate meter; or, in cases where two or more units are
served by one meter, the units are full-time dwellings.
Service connection the point of delivery up to and including water meters through which the
public water system furnishes water to a user. After this point the system has no control over
use.
Le System (see "Public water system")
(400,
System hazard means an actual or potential threat of severe danger to the physical properties
of the public or a consumer's potable water supply, or an actual or potential threat of pollution
or contamination that would have a detrimental effect on the quality of the potable water in the
system.
Tester a person that is a certified backflow prevention assembly technician approved and
registered with the Director.
Thermal expansion heated water that does not have the space to expand.
Used water means water supplied by a public water system to a water user's system after it
has passed through the service connection.
Wholesale customer means a utility customer of the City which is a municipality, town,
village, or other governmental entity, or a private firm contracting with a governmental entity
for the provision of water and /or wastewater treatment service.
SECTION I
8E-9
A. Connection of Private Water Supply to the city system.
(1) An offense is committed if a person connects any well, tank, cistern, or any other
private water supply with the City's water supply system without written permission of
the Director.
(2) A well, tank, cistern, or other private water supply connected to the City's water
supply shall at all times meet all water hygiene standards established by the
Commission. All connections shall comply with the "Plumbing Code" with this
Ordinance or any other ordinance regulating cross connections.
(3) The Director shall not be required to supply water through a meter to a private
supply that does not meet the standards of Section I.
SECTION II
A. Purpose.
Pursuant to Title 30, Texas Administrative Code, Section 290.44, it is the responsibility of the
City of Southlake to protect its drinking water supply by instituting and enforcing a cross
connection program. The purpose of this Division, therefore, is to comply with the above -
cited regulatory requirements and to protect the water supply of the City of Southlake from
contamination or pollution due to any cross connections.
B. Cost of Compliance
The cost of complying with these regulations shall be the responsibility of the property owners
and their lessees. These costs include but are not limited to purchasing, installation, testing
and repair of the assembly. These costs shall also include point -of -use and premise isolation
assemblies. Any cost incurred by the City to enforce this Division is the responsibility of the
property owners and their lessees.
C. Responsibilities of Owners and Lessee.
(1) It is the responsibility of all property owners and lessees to abide by the conditions of
this Division. If changes are made to a premises' plumbing system, the property
owner or lessee shall obtain a plumbing permit from the City.
(2) The owner of leased premises is responsible for the installation, testing and repair of
all backflow assemblies on the premises. When the lessee changes, the owner shall
immediately notify the Building Inspections Division.
(am", s
8E-10
D. Backflow Prevention Assembly Requirements.
(1) A certified cross connection inspector employed by or under contract with the City
shall determine the type and location of backflow assembly to be installed within the
City's service area.
(2) At a minimum, a backflow prevention assembly will be required in each of the
following circumstances:
(a) When the nature and extent of any activity at a premises, or the materials
used in connection with any activity at a premises, or materials stored at a
premises, could contaminate or pollute the potable water supply.
(b) When a premises has one or more cross connections.
(c) When internal cross connections are present that are not correctable.
(d) When intricate plumbing arrangements are present that make it impractical
to ascertain whether cross connections exist;
(e) When a premises has a repeated history of cross connections being established
or re-established.
(f)
When entryto a remises is unduly restricted so that inspections for cross
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connections cannot be made with sufficient frequency to assure that cross
connections do not exist.
(g)
When materials are being used such that, if backflow should occur, a health
hazard could result.
(h)
When installation of an approved backflow prevention assembly is deemed by
an Inspector to be necessary to accomplish the purpose of these regulations.
(i)
When an appropriate cross connection survey report form has not been filed
with the Director.
(j)
When a fire sprinkler system using non -potable piping material is connected to
the City's water system.
(k) When a building is constructed on commercial premises, and the end use of
such building is not determined or could change, a backflow backsiphon
protection requirement will be determined at occupancy.
(W -6-
8E-11
(1) If a premises is required to have backflow prevention assemblies, but water
cannot be turned off during the testing of such assemblies, the premises shall
be equipped with dual backflow prevention assemblies of the same type so that
testing, repair and maintenance can be performed.
(m) If a point -of -use isolation assembly has not been tested or repaired as
required by this division, a premise isolation assembly shall be required.
(n) If an Inspector determines that additions or rearrangements have been made to
the plumbing system without the proper permits as required by the Plumbing
Code, premise isolation shall be required.
(o) Multistory buildings or any building with a booster pump or elevated
storage tank, or any possible hazard exists.
(p) Retrofitting shall be required on all high hazard connections and wherever else
the Director deems retrofitting'necessary.
(3) Any premises requiring multiple service connections for adequacy of supply and/or
fire protection shall have a backflow assembly on each service connection. The
assembly shall be commensurate with the degree of potential hazard that could occur in
the event of an interconnect between any of the buildings on the premises.
(4) The owner or person in control of any premises commits an offense if he/she
knowingly fails to install and maintain backflow prevention assemblies as required by
this Section.
(5) A person commits an offense if backflow from premises he/she owns, operates
or manages enters the public water supply system.
E. Residential Service Connections.
If the Director determines that residential premises have a cross connection, said premises
shall be equipped with an approved backflow prevention assembly installed in accordance
with this Ordinance.
F. Plumbing Code.
As a condition of water service, customers shall install, maintain, and operate their piping
and plumbing systems in accordance with the Plumbing Code. If there is a conflict between
L -7-
8E-12
this Article and the Plumbing Code, the more stringent shall apply.
G. Installation Requirements.
(1) Backflow prevention assemblies shall be installed in accordance with the following
requirements, to ensure their proper operation and accessibility:
(a) Backflow prevention assemblies shall be installed in accordance with the
Plumbing Code and this Ordinance. The assembly installer shall obtain the
required plumbing permits prior to installation and shall have the assembly
inspected by a certified cross connection inspector and as required by the
Plumbing Code.
(b) No part of a reduced pressure principle backflow prevention assembly shall
be submerged in water or installed in a location subject to flooding. If a double
check valve assembly is installed in a vault, brass plugs shall be maintained in
the test ports at all times and adequate drainage shall be provided.
(c) Assemblies shall be installed at the service connection of the water
supply, before any branch in the line, and on private property located just inside
the boundary of the City's right-of-way. An inspector may specify other areas
for installation of the assembly.
d The assembly shall be protected from freezing and other severe weather
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conditions.
(e) All backflow prevention assemblies shall be of a type and model approved by
the Director.
(f) All vertical installations shall be approved in writing by the Director prior to
installation. Assemblies shall be approved by the manufacturer for this type of
installation.
(g) The assembly shall be readily accessible with adequate room for maintenance
and testing. Assemblies two (2) inches and smaller shall have at least a six (6)
inch clearance on all sides of the assembly. All assemblies larger than two (2)
inches shall have a minimum clearance of twelve (12) inches on the back side,
(W -s-
8E-13
twenty four (24) inches on the test cock side, twelve (12) inches below the
assembly and thirty six (36) inches above the assembly. "Y" pattern double
check valve assemblies shall be installed so that the checks are horizontal and
the test cocks face upward. See Standard Detail Sheets 1 and 2.
(h) If the Director grants written permission to install the backflow assembly inside
of a building, the assembly shall be readily accessible between 8:00 a.m. and
5:00 p.m., Monday through Friday.
(i) If an assembly is installed pursuant to subsection (1)(h), and is four (4) inches
or larger and is installed five (5) feet or higher above the floor, it shall be
equipped with a rigidly and permanently installed scaffolding acceptable to the
Director. This installation shall also meet all applicable requirements set out by
the U.S. Occupational Safety and Health Administration and the State of Texas
occupational safety and health laws.
(j) RP assemblies may be installed in a vault only if relief valve discharge can be
drained to daylight through a bbresight type drain. The drain shall be made of
adequate capacity to carry the full rated flow of the assembly and shall be
screened on both ends.
(k) An approved air gap shall be located at the relief valve orifice of RP
assemblies. This air gap shall be at least twice the inside diameter of the
incoming supply line as measured vertically above the top rim of the drain and
in no case less than one (1) inch.
(1) Upon completion of installation, the property owner shall notify the Director to
test and inspect the assemblies. The property owner shall register all backflow
assemblies with the Director. Registration shall consist of date of installation,
manufacturer, model, serial number of the backflow prevention assembly, and
the initial test report.
(2) A person commits an offense if he installs a backflow prevention assembly in violation
of this Ordinance.
(3) A person commits an offense if he fails to notify the Director to inspect a backflow
prevention assembly after its installation as required by this Ordinance.
(4) A person commits an offense if he fails to register a backflow prevention assembly as
required by this Ordinance.
H. Testing of Assemblies.
(1) The Director will inspect and test, or cause to be inspected and tested, all assemblies
Ce -9-
8E-14
in each of the following circumstances:
(a) immediately after installation;
(b) whenever the assembly is moved;
(c) a minimum of once a year for all double check assemblies and pressure vacuum
breakers;
(d) any premise that has RP assemblies as point -of -use isolation without high
hazard premise isolation protection must be tested every six months; and
(e) any premise that has an RP assembly as premise isolation without high hazard
point -of -use isolation must be tested every six months.
(2) Assemblies may be required to be tested more frequently if the Director deems
necessary.
(3) All assembly testing shall be performed by a certified and registered backflow
prevention assembly tester, in accordance with City -approved test procedures.
(4) It is the responsibility of the property owner and the person in control of the premises
to have all assemblies tested in accordance with this division.
(5) The owner or person in control of premises commits an offense if he knowingly fails
or refuses to have the backflow prevention assemblies installed on said premises
inspected or tested as required by this Ordinance.
(6) The City shall not be liable for damage to an assembly that occurs during testing, when
such damage results from metal fatigue or deteriorated metal, or when such damage
occurs under standard testing procedures.
I. Maintenance of Assemblies.
(1) A person who owns, operates, or manages premises in which required backflow
prevention assemblies are installed, shall maintain such assemblies in proper working
order at all times, including repair as required.
(2) Backflow prevention assemblies shall be maintained in a manner that allows them to be
tested by a method that has been approved by the Director.
(3) A person commits an offense if he/she knowingly fails to maintain backflow prevention
assemblies in compliance with this Section.
(W" -10-
8E-15
(4) A person commits an offense if he/she knowingly fails to comply with a repair
(W order issued by the Director.
J. Thermal expansion.
It is the responsibility of the property owner to eliminate the possibility of thermal expansion,
if a closed system has been created by the installation of a backflow assembly.
K. Pressure Loss.
Any water pressure drop caused by the installation of a backflow assembly shall not be the
responsibility of the City. The Department may give reasonable assistance to a property
owner regarding information on adequate sizing of assemblies and proper plumbing practices
to provide for required pressure and flows for fire protection.
L. Mobile Units.
(1) A person who owns or operates any vehicle that uses water from the City's
public water system shall obtain a use permit from the Director before accessing
the public water system. The Director may require a fixed air gap or backflow
assembly mounted either on the vehicle or piping.
(40", (2) The failure of the owner or operator of the vehicle to comply with this Section
shall be grounds for the City to revoke any permit or license required under the
City Code to operate the vehicle or the business for which such vehicle is used.
(3) The Director may deny a use permit to any person who is not in compliance
with this Section or who has a history of violating the requirements of this
Ordinance.
(d) A person commits an offense if he/she operates or causes to be operated a
vehicle in violation of this Ordinance.
M. Wholesale Customers.
Every wholesale customer that has a contract for water services with the City shall have an
active, ongoing cross connection program approved by the Director. The City reserves the
right to require a reduced pressure principle assembly at the interconnect.
N. Right-of-way Encroachment.
8E-16
(1) No person shall install or maintain a backflow prevention assembly upon or
within any City right-of-way except as provided by this Section.
(2) No encroachment agreement will be necessary, but all other permits required by
to perform work in the right-of-way shall be obtained.
(3) A backflow prevention assembly required by this Ordinance may be installed
upon or within any City right-of-way only if the owner proves to the City that there is
no other feasible location for installing the assembly, and installing it in the right-of-
way will not interfere with traffic or utilities. The City retains the right to approve the
location, height, depth, enclosure, and other requisites of the assembly prior to its
installation.
(4) The assembly shall be installed below or flush with the surrounding grade except when
it is not practicable to install it in this manner. Any assembly or portion of an
assembly which extends aboveground shall be located no closer than eighteen-(18) -
inches to the face of the curb, or two feet from the property line or streets without
curbs.
(5) A property owner shall, at the request of the City and at the owner's sole expense,
relocate a backflow prevention assembly which encroaches upon any City right-of-way
when such relocation is necessary for street or utility construction or repairs or for
purposes of public safety.
(6) A person commits an offense if he/she installs or maintains a backflow prevention
assembly in violation of this Section.
(7) A person commits an offense if he/she fails to relocate a backflow prevention assembly
located in or upon any City right-of-way after receiving a written order from the City
to do so.
(8) A backflow prevention assembly installed or maintained in City right-of-way in
violation of this Section or an order issued pursuant to this Section is hereby declared
to be a nuisance.
(W -12-
8E-17
(60", SECTION II
A. Certification of Cross Connection Inspectors.
Inspectors performing cross connection control duties within the City of Southlake must be
certified by the Director and shall meet the following requirements:
(1) Be employed by or under contract with the City of Southlake;
(2) Must be a licensed plumber, plumbing inspector, or certified by the Texas Natural
Resource Conservation Commission (TNRCC) as a water operator with an endorsement
for customer service inspector.
SECTION III
B.
Certification of Backflow Prevention Assembly Testers.
(1)
No person shall operate as a backflow prevention assembly tester within the City
without being State certified and registering with the City.
(2)
At the time of certification, recertification, and upon the Director's request, each
person certified as a backflow prevention assembly tester shall furnish evidence to
show that he/she is insured and bonded to perform services on private property, and
has current all licenses required by the State of Texas and the City to perform the
contemplated services.
(3)
A person commits an offense if he/she knowingly performs as a backflow prevention
assembly tester within the City without being registered with the City.
C.
Certified Backflow Prevention Assembly Tester Responsibilities
(1)
No certified backflow assembly tester shall operate within the City without first
registering with the Director.
(2)
A registration shall remain in effect provided:
(a) The tester maintains eligibility for registration and certification;
(b) Registration is not revoked by the Director.
(3) Upon recertifying, a tester shall renew his/her registration with the Director. If a
certification remains expired for a period of one year, the tester shall reestablish
registration eligibility.
(0, -13-
8E-18
A
A
A
(4) Each applicant for registration shall:
(a) Provide evidence to the Director to establish that the applicant has available the
necessary tools and equipment to properly test backflow prevention assemblies,
(b) Provide evidence to the Director that the applicant has successfully completed
"Permit Confined Space Entry Training" as specified by Federal Occupational
Safety and Health Agency's 29 CFR 1910.146; and
(c) Identify all test gauges the applicant will use in testing backflow prevention
assemblies.
(5) A registered backflow prevention assembly tester shall:
(a) File the serial number of each of his/her test kits with the Director;
(b) Annually have each recorded test kit tested for accuracy and calibrated to
maintain a 2 % accuracy factor, and file a copy of such testing to the Director;
(c) Perform competent and accurate certifications of each backflow prevention
assembly tested and shall submit complete reports thereof to the Director;
(d) List registered serial numbers of test gauges on tests and maintenance reports
prior to submitting them to the Director; and
(e) Shall not change the design or operation characteristics of a backflow
prevention assembly.
(6) The Director may revoke a registration if the Director determines that the tester:
(a) has made false, incomplete, or inaccurate assembly testing reports;
(b) has used inaccurate gauges;
(c) has used improper testing procedures;
(d) has expired insurance;
(e) is not in compliance with safety regulations;
(7) A person commits an offense if he/she operates as a backflow prevention assembly
tester within the City without a valid registration issued by the Director.
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8E-19
(W SECTION IV
A. Reduced Pressure Principle Backflow Prevention Assembly (RP).
(1) RP's may be utilized at premises where a substance is handled that would be hazardous
to the public health if introduced into the potable water system. An RP is normally
used in locations where an air gap is impractical. An RP is effective against both
backsiphonage and backpressure.
(2) RP's shall be sized to provide an adequate supply of water and pressure for the
premises being served. Flow characteristics are not standard. Consult manufacturer's
specifications for specific performance data.
(3) Premises where interruption of water supply is critical shall be provided with two
assemblies installed in parallel. They shall be sized in such a manner that either
assembly will provide the minimum water requirements while the two together will
provide the maximum flow required. '
(4) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass
line shall not be installed.
(5) Installation.
(a) The assembly shall be readily accessible for testing and maintenance and shall
be located in an area where water damage to buildings or furnishings will not
occur from relief valve discharge. An approved air gap funnel assembly may
be used to direct minor discharges away from the assembly; this assembly will
not control flow in a continuous relief situation. Drain lines to accommodate
full relief valve discharge flow should be considered.
(b) RPs are typically installed above grade in well drained areas, but may be
installed below grade if an adequate drain to daylight is provided.
(c) Enclosures shall be designed for ready access and sized to allow for the
minimum clearances established below. Removable protective enclosures are
typically installed on the smaller assemblies. Daylight drain ports shall be
provided to accommodate full pressure discharge from the assembly.
(W -15-
8E-20
(d) All assemblies larger than two (2) inches shall have a minimum of twelve (12)
Coe inches on the back side, twenty-four (24) inches on the test cock side, and the
relief valve opening shall be at least twelve (12) inches plus nominal size of
assembly above the floor or highest possible water level. Headroom of six (6)
feet is required in vaults without a fully removable top. A minimum access
opening of twenty-four (24) inches square is required on all vault lids. See
Standard Detail Sheets 3 & 4.
(e) Assemblies installed more than five (5) feet above floor level must have a
suitable platform for use by testing or maintenance personnel.
(6) The assembly must be protected from freezing and other severe weather conditions.
(7) Vertical installation is prohibited.
(8) Lines shall be thoroughly -flushed prior to installation. A strainer with blowout tapping
may be required ahead of the assembly.
(9) The property owner assumes all responsibility for leaks and damage. The owner shall
also see that the vault is kept reasonably free of silt and debris.
(10) All RP assemblies shall be tested in accordance with this Ordinance.
11 Variances from these specifications will be evaluated on a case -by -case basis. An
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deviations shall be prohibited without prior written approval of the Director.
B. Double Check Valve Backflow Prevention Assembly (DC).
(1) Double check valve assemblies may be utilized at premises where a substance is
Handled that would be objectionable but not hazardous to health if introduced into the
potable water system.
(2) DC's shall be sized to provide an adequate supply of water and pressure for the
premises being served. Flow characteristics are not standard. Consult manufacturer's
specifications for specific performance data.
(3) Premises where interruption of water supply is critical shall be provided with two
assemblies installed in parallel. They shall be sized in such a manner that either
assembly will provide the minimum water requirements while the two together will
provide the maximum flow required.
(4) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass
line shall not be installed.
(W -16-
8E-21
(5) (a) The assembly shall be readily accessible with adequate room for testing and
maintenance. DCs may be installed below grade, providing all test cocks are
fitted with brass pipe plugs. All vaults shall be well drained, constructed of
suitable materials, and sized to allow for the minimum clearances established
below.
(b) Assemblies two (2) inches and smaller shall have at least a three (3) -inch
clearance below and on both sides of the assembly, and if located in a vault, the
bottom of the (24) inches below grade. All assemblies larger than two (2)
inches shall have a back side, twenty-four (24) inches on the test cock side, and
twelve (12) inches below the assembly. Headroom of six (6) feet is required in
vaults without a fully removable top. A minimum access opening of twenty-
four (24) inches square is required on all vault lids. See Standard Detail Sheets
1 &2.
(c) Assemblies installed more than five (5) feet above floor level shall have a
suitable platform for use by testing or maintenance personnel.
(6) Vertical installations are allowed on sizes up to and including four (4) inches that meet
the following requirements:
(a) Internally spring -loaded check valves;
b Flow is upward through assembly;
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(c) Manufacturer states their assembly can be used in a vertical position; and
(d) Approved by the Director.
(7) The assembly shall be protected from freezing and other severe weather conditions.
(8) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping
may be required ahead of the assembly.
(9) The property owner assumes all responsibility for foundation or basement wall
penetration, leaks, and damage. The owner shall also see that the vault is kept
reasonably free of silt and debris.
(10) All DC's shall be tested in accordance with this Ordinance. Tests are the responsibility
of the assembly owner. The owner shall notify the Director upon installation of any
backflow prevention assembly.
(11) Variances from these specifications will be evaluated on a case -by -case basis. No
deviations shall be permitted without prior written approval of the Director.
(400, -17-
8E-22
(W C. Double Detector Check Valve Assembly (DDC).
Double detector check valve assemblies may be utilized in all installations requiring a double
check valve assembly and detector metering. DDCs shall comply with the installation
requirements applicable for double check valve assemblies (Dcs). See Standard Detail Sheets
5&6.
D. Pressure Vacuum Breaker (PVB).
(1) PVBs may be utilized at point -of -use isolation only and where a substance is handled
that would be objectionable but not hazardous to health if introduced into the potable
water system. PVBs protect against backsiphonage only and shall not be installed
where there is potential for backpressure.
(2) The assembly shall be installed a minimum of twelve (12) inches above the highest use
outlet or overflow level downstream from the assembly. See Standard Detail Sheet 6.
(3) PVB's shall not be installed in an area subject to flooding or where damage would
occur from water discharge.
(4) The assembly shall be protected from freezing.
(awl
5 The assembly shall be readily accessible for testing and maintenance, with a minimum
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clearance of twelve (12) inches all around the assembly.
(6) PVBs shall be located between twelve (12) inches and sixty (60) inches above ground
level.
(7) A strainer with blowout tapping may be required ahead of the assembly.
(8) All PVB's must be tested in compliance with this Ordinance. Tests are the
responsibility of the assembly owner. The owner shall notify the Director upon
installation of any backflow prevention assembly.
(9) Variances from these specifications will be evaluated on a case -by -case basis. No
deviations shall be permitted without prior written approval of the Director.
E. Atmospheric Vacuum Breaker (AVB).
(1) AVB's provide minimal protection and are approved for yard irrigation systems
only. AVB's protect against backsiphonage only and are prohibited where there is
potential for backpressure.
ce -t8-
8E-23
(2) The assembly shall be installed a minimum of six (6) inches above the highest use
(W outlet or overflow level downstream from the assembly. See Standard Detail Sheet 7.
(3) Shutoff valves downstream from the assembly are prohibited.
(4) AVB's shall be allowed only for those applications where there is less than twelve (12)
hours per day continuous use.
(5) AVB's shall not be installed in an area subject to flooding or where damage may occur
from water discharge.
(6) AVB's shall be allowed for point -of -use isolation only in accordance with the
Plumbing Code. AVB's are not recognized as adequate protection by the Director, so
additional protection may be required.
F. Air Gap Separation..
(1) Air gap separations provide maximum'protection from backflow hazards and may be
utilized at premises where a substance is handled that would be hazardous to health if
introduced into the potable water system.
(2) An air gap separation shall be at least twice the diameter of the supply pipeline
measured vertically above the top rim of the receiving vessel -in no case less than one
(1) inch. If splashing is a problem, tubular screens may be attached or the supply line
may be cut at 45° angle. The air gap distance is measured from the bottom of the
angle. Hoses shall not be allowed. Standard Detail Sheet 8.
(3) Air gap separations shall not be altered in any way without prior approval from the
Director, and shall be available for inspection at all reasonable times.
(4) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the
inside edge of the spout opening a distance greater than three times the diameter of the
effective opening for a single, or a distance greater than four times the effective
opening for two intersecting walls.
(5) In cases where there are three or more side walls, ribs or similar obstructions extending
from the water surface to or above the horizontal plane of the spout opening other than
as specified in (d) above, the air gap shall be measured from the top of the wall.
(6) The effective opening or drain shall be the minimum cross -sectional area at the seat of
the control valve or the supply pipe or tubing which feeds the assembly or outlet. If
two or more lines supply one outlet, the effective opening shall be the sum of the cross -
sectional areas of the individual supply lines or the area of the individual supply lines
or the area of the single outlet, whichever is smaller.
-19-
SE-24
A
G. Fire Systems.
An approved double check valve assembly shall be the minimum protection for fire sprinkler
systems using piping material that is not approved for potable water use and/or that does not
provide for periodic flow -through during each twenty-four (24) hour period, unless a variance
has been issued in writing from the Director. An RP assembly shall be installed if any non -
potable mixture other than the potable water can be introduced into the sprinkler system.
H. Offense.
A person commits an offense if he/she knowingly installs or maintains backflow prevention
assemblies or air gaps in violation of this ordinance.
SECTION V -
A. Access to Premises.
(1) Every person provided water service by the City directly or indirectly shall during the
hours of 8:00 a.m. through 5:00 p.m. permit the Director to enter their premises and
buildings for the purposes of examination of pipes and fixtures and the manner in
which the water is used.
(b) If any water user refuses access to a premises during said times for inspection by an
Inspector, the water user shall install a reduced pressure principle assembly at the
service connection to that premise. A person commits an offense if he knowingly fails
to install a reduced pressure principle assembly in accordance with this Section after
receiving notice from the Director.
(c) Any temporary or permanent obstruction to safe and easy access to the premises to be
inspected shall be promptly removed by the water user at the written or verbal request
of the Director and shall not be replaced. The costs of clearing such access shall be
borne by the user.
B. Emergency Suspension of Utility Service.
(1) The Director may, without prior notice, suspend water service to any premises when
such suspension is necessary to stop an actual or threatened backflow which:
(a) presents or may present imminent and substantial danger to the environment or
to the health or welfare of persons; or
-20-
8E-25
(b) presents or may present imminent and substantial danger to the City's public
(W water supply.
(2) As soon as is practicable after the suspension of service, the Director shall notify the
owner of person in charge of the premises of the suspension in person or by certified
mail, return receipt requested, and shall order such person to correct the cross
connection which allowed the backflow to occur. When time permits, the Director
will notify the owner or person in charge prior to suspending water service.
(3) If the person fails to comply with an order issued under subsection (b), the Director
may take such steps as he/she deems necessary to prevent or minimize damage to the
public water supply or to minimize danger to persons.
(4) The Director shall not reinstate suspended services until:
(a) The person presents proof, satisfactory to the Director, that the backflow has
been eliminated and its cause determined and corrected;
(b) The person pays the City for all costs the City incurred in responding to the
backflow or threatened backflow; and
(c) The person pays the City for all costs the City will incur in reinstating service.
O A person erson whose service has been suspended may appeal such enforcement action to the
Director, in writing, within ten days of notice of the suspension in accordance with
Section of this chapter.
(6) A person commits an offense if he reinstates water service to premises suspended
pursuant to this Section, without the prior approval of the Director.
(7) The City may obtain a lien against the property to recover its response, abatement, and
remediation costs pursuant to the procedure set out in Section II of this Chapter.
(8) The remedies provided by this Section are in addition to any other remedies set out in
this Ordinance. Exercise of this remedy shall not be a bar against, nor a prerequisite
for, taking other action against a violator.
C. Non -Emergency Termination of Water Supply.
(1) The Director may terminate the City -provided water supply of any water user who
violates the following conditions:
(a) Refusing the Director/Inspector reasonable access to the water user's premises
for the purpose of inspection;
(W -21-
8E-26
(b) Hindering or denying the Director/Inspector access to backflow prevention
assemblies;
(c) Failing to install a reduced pressure principle assembly as required by Section
(d) Failing to install and maintain backflow prevention assemblies in compliance
with this Ordinance; or
(e) Failing to install, maintain, and operate their piping and plumbing systems in
accordance with the Plumbing Code.
(2) The Director will notify a water user of the proposed termination of its water supply.
The water user may petition the Director for a reconsideration and hearing pursuant to
Section of this chapter
(3) Exercise of this enforcement option by the Director shall not be a bar to, nor a
prerequisite for, taking any other action against the water user.
(4) A person commits an offense if he/she reinstates water service to premises terminated
pursuant to this Section, without the prior approval of the Director.
D. Nuisance.
Backflow entering the public water supply from any premises is hereby declared to be a
nuisance.
(W -22-
8E-27
City of Southlake, Texas
MEMORANDUM
I
February 26, 1998
TO: Mayor Rick Stacy and Councilmembers
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 98-14, Setting the Salary of the Judge of the Municipal Court
and Alternate Judge of the Municipal Court, as Described in Section 1 of
Ordinance No. 522-A.
This resolution is presented in accordance with the provision in Section 1 of Ordinance No. 522-
A, whereby "the City Council shall set the salary of the municipal judge no later than two (2)
weeks before the election filing deadline." The section also gives Council the authority to set the
compensation for appointed relief [alternate] municipal judges. The current salary for the
municipal judge is $3,000 per month. The alternate municipal judge receives $65 per visit and
$250 per court session. The Court Administrator is researching area cities' compensation plans
for these positions and will present a recommendation to Council Tuesday evening.
Since the filing deadline for the May 2 General Election is Wednesday, March 18, 1998, the
March 3 council meeting will be the only opportunity for Council to act on this issue in
accordance with Ordinance No. 522-A. Therefore, please place this item on the agenda for
council's consideration.
If you have any questions or wish to discuss this issue, please call me at extension 704 or
Municipal Court Administrator Sean Leonard, extension 832.
/lc
D:\WP-FILES\CITYSEC\RESOLU\98-14MEM.WPD
9A-1
City of Southlake, Texas
�i
RESOLUTION NO.98-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, SETTING COMPENSATION FOR THE JUDGE OF
THE MUNICIPAL COURT AND ALTERNATE JUDGE OF THE
MUNICIPAL COURT, AS DESCRIBED IN SECTION 1 OF CITY OF
SOUTHLAKE ORDINANCE NO. 522-A AND SET FORTH IN SECTION
30.487 OF THE TEXAS GOVERNMENT CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 522 of the City of Southlake established the Municipal Court
in Southlake as a Municipal Court of Record pursuant to the authority granted in Subchapter (P) of
Chapter 30 of the Government Code of the State of Texas; and,
WHEREAS, in an election held in the City. of Southlake, Texas, on January 19, 1991, it was
determined that the Municipal Court Judge shall be elected by the voters of Southlake, with a three
year term of office; and,
WHEREAS, in Section 1 of Ordinance No. 522-A, which amended Section 5 of Ordinance
No. 522, on February 19, 1991, it states a municipal judge in the Southlake Court of Record must
be a licensed attorney in good standing and must reside within the City of Southlake or a contiguous
city. A person may not serve as a municipal judge while that person holds other office or
employment with the City government; and,
WHEREAS, Section 1 of Ordinance No. 522-A, states the City Council shall set the salary
of the municipal judge no later than two (2) weeks before the election filing deadline; and,
WHEREAS, Ordinance No. 522-A, Section 1, also states the City Council may appoint
persons as relief [alternate] municipal judges and set their compensation as set forth in Section
30.487 of the Government Code; now,
THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. The findings in the preamble are found to be true and correct and the City Council
does hereby incorporate said findings into the body of this resolution as if copied in their entirety.
Section 2. The City Council of the City of Southlake, Texas, hereby sets the monthly
compensation for Judge of the Municipal Court to be $
Section 3. The City Council of the City of Southlake, Texas, hereby sets the daily/monthly
compensation for the Alternate [relief) Judge of the Municipal Court to be $ per visit and
$ per court session or $ per day/month, not to exceed $ per day/month.
9A-2
City of Southlake, Texas
Resolution No. 98-14
Setting Compensation for the Judge of the Municipal Court and Alternate Judge of the
Municipal Court
Page Two
Section 4. This resolution shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED this the day of , 1998.
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
D:\WP-FILES\CITYSEC\RESOLLT\98-14.WPD
9A-3
CITY OF SOUTHLAKE, TEXAS
I:
Rick Stacy, Mayor
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Developer Agreement for Timarron, Wyndsor Grove, Phase 2, Located at the
Northwest Corner of the Intersection of Old Carroll Avenue and East
Continental Boulevard
BACKGROUND
Attached is the Developer Agreement for Timarron, Wyndsor Grove, Phase 2. This phase of
consists of sixty-one (61) lots. The usual conditions for the cash escrow, letters of credit,
performance bond or payment bond are included in this agreement. There are three items that
need special attention.
I: LIABILITY
The Developer will be constructing an off -site storm sewer line within an existing drainage
easement. The Developer will take extraordinary care while constructing within this
easement and where the culvert enters the Dominion Pond B. Since the Developer did not
construct the pond walls in Dominion, they wish to limit their liability. They wish not to
be obligated to long term responsibility (beyond the standard 2-Year Maintenance Bond) for
the portion of the wall that needs to modified.
Another issue to the Developer is the presence of a structure within the drainage easement.
The Developer will exercise extreme caution while constructing adjacent to this structure,
but they do not want to be liable for any damages, especially since the structure encroaches
into the easement.
The Developer's attorney and the City Attorney have discussed appropriate language to
address this subject. The language agreed to by the attorneys is incorporated in the
Developer Agreement as Section III.B.
H. OFF -SITE DRAINAGE
The Developer will be installing two segments of off -site drainage. The first is the system
into Phase 1 of Wyndsor Grove. This extension will affect the four (4) lots adjacent to
Phase 1 and adjacent to the Dominion Addition.
The second is the installation of an underground culvert within the existing drainage
easement extending from this project to the Dominion Pond B. At the request of the City
1OA-1
MEMORANDUM
CURTIS E. HAWK
TIMARRON, WYNDSOR GROVE, PHASE 2
FEBRUARY 27, 1998
PAGE 2
and the Dominion Homeowners Association, this culvert will be installed rather than using
the existing surface drainage system.
In consideration of these two off -site drainage segments, the City will participate in the cost
of construction. The City will reimburse the Developer, by means of fee credits, for the
following items:
A. backyard drain -Phase 1
B. off -site culvert
C. work site allowance (25 % not to exceed $10,000).
In addition, the Developer will reduce the City share in an amount that would have been
spent to improve the off -site drainage swale ($20,000). The maximum obligation to the City
will be $48,100. (This cost may be less if the work site allowance item is less than
anticipated.)
Rather than direct reimbursement, the City will grant the Developer a credit towards
administrative and inspection fees (5%). The estimated fees for this phase are $37,063. The
additional credit of $11,037 will be applied to future Timarron phases.
III. PARK FEES
The Developer met with the Park Board on February 9, 1998, to discuss Park Dedications.
The dedication requirements for this project are 1.525 acres of land or $61,000. The Park
Board has recommended that the Developer be given credit for trails and improved open
space in the amount of $1,176. The remainder ($59,824) will be paid in fees.
RECOMMENDATION
Staff's recommendation is to place the Timarron, Wyndsor Grove, Phase 2, Developer Agreement
on the Regular City Council Meeting Agenda for March 3, 1998, for City Council review and
on 'derat* n.
s
attachments: Developer Agreement
Memorandum from Kevin Hugman, Acting Director of Parks & Rec
(taw Plat Exhibit
W'.',WP-PILES SI'BDI'PTMARAO\'-WYYD-GIPHA.SE`DA-MEM,',kPD
TIMARRON, WYNDSOR GROVE `PHASE 2
DEVELOPER AGREEMENT 02/27/98
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 Timarron, Wyndsor Grove,
Phase 2, hereinafter referred to as the "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 sixty-one
(61) lots contained within the Timarron,Wyndsor Grove, Phase 2 Addition' 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. 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 subdivision completed
as rapidly as possible, the City agrees to release 10% of the lots, sik (6), 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 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.
1 OA-3
The value of the performance bond, letters 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. 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 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, letter 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 subdivision. 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 approves 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 has 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 City,
title to all facilities and improvements mentioned hereinabove 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 understood and agreed that until the City
accepts such improvements, City shall have no liability or responsibility in
connection with any such facilities. Acceptance of the facilities shall occur at such
time that City, through its City Manager or his duly authorized representative,
provides Developer with a written acknowledgment that all facilities are complete,
have been inspected and approved and are being accepted by the City.
G. On all public facilities included in this agreement for which Developer awards his
own construction contract, Developer agrees to the following procedure:
10A-4
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;
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 accepted by the City.
H. The Developer and any third party, independent entity engaged in the construction
of houses, hereinafter referred to as Builder will be responsible for mowing all grass
and weeds and otherwise reasonably maintaining the aesthetics of all land and lots
in said subdivision 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.
1 OA-5
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 for the City 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 of Southlake
regardless of such company's authorization to do business in Texas. Approval by the
City shall not be unreasonably withheld or delayed.
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 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 City Engineer, and made part
of the final plat as approved by the City Council. 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.
10A-6
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
Ordinance No. 217. Streets will be installed in accordance with plans and
specifications to be prepared by the Developer's engineer and released by the
City Engineer.
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; b) Installation of all street signs designating the names of the
streets inside the subdivision, 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 by the Manual on Uniform Traffic Control Devices and as
directed by 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.
10A-7
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 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.
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 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 subdivision. 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 be 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 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 not be responsible for the replacement of these amenities under any
10A-8
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 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 stamped "Released for
Construction" by the City Engineer must be submitted.
3. All fees required to be paid to the City.
4. Developer's Agreement 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 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
10A-9
OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION, MAINTENANCE, OCCUPY ANY, 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 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 ACTS OR OMISSIONS OF DEVELOPER, OR OF
THE CONCURRENT NEGLIGENT ACT OR OMISSION OF THE CITY, ITS
OFFICERS AND EMPLOYEES.-, EXCEPT FOR ACTS OF GROSS
NEGLIGENCE OR OMISSION. THE TERM OF THIS INDEMNIFICATION
SHALL BE FROM THE EFFECTIVE DATE OF THIS AGREEMENT
THROUGH THE DATE ' OF CITY ACCEPTANCE OF THE
IMPROVEMENTS DESCRIBED HEREIN.
B. The Developer shall construct an off -site underground drainage system in accordance
with plans prepared by Carter and Burgess (Job No. 972116010). Notwithstanding
the above requirement, the Developer is not representing that this construction of said
off -site drainage improvements shall constitute responsibility or liability of any kind
for existing off -site drainage conditions on the adjacent property known as the
Dominion subdivision. There are no third party beneficiaries to this Developer
Agreement.
C. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
D. Approval by the City Engineer 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 City
Engineer 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 Southlake 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
f[17:M[1]
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 judgement which
may be incurred by or rendered against them or any of them in connection herewith.
E. This agreement or any part thereof 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.
F. 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.
G. 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.
H. 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 acknowledgment by the City of completion under
Paragraph I.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
b. completely consumed at the job site.
2. The purchase of a taxable service for use in the performance of this
Agreement is exempt if the service is performed at the job site and if-
10A-11
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.
I. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies
of Record Drawings of this phase, showing the facilities as actually constructed.
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 th-e 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:
The Developer agrees to install a backyard drain system in four (4) lots of
Wyndsor Grove, Phase 1 which will connect to the back yard drain system
proposed for Phase 2.
The Developer will install an underground culvert from this project into Pond B
of the Dominion Addition.
The estimated cost of these two items if $127,100. The City agrees to reimburse
the Developer the amount of $48,100 by crediting the administrative and inspection
fees for this project. Any difference between the $48,100 and actual fees will be
carried over to future phases of the Timarron subdivision. (The current estimate
is that there will be $11,037 carried over to future phases. This amount may
change depending on final construction costs.
In conjunction with the backyard drainage system to be constructed in Phase 1, the
Developer agrees to obtain any and all necessary easements.
B. OFF -SITE WATER
Not Applicable
C. OFF -SITE SANITARY SEWER:
Not Applicable
10A-12
D. PARK FEES:
The Developer met with the Park Board on February 9, 1998. This addition has
a total of sixty-one (61) lots for a total Park Fee of $61,000. The Park Board has
recommended that credits in the amount of $1,176 be given for this project,
making the Park Fees due of $59, 824.
E. TREE PRESERVATION ORDINANCE:
All construction activities shall meet the requirements of the Tree Preservation
Ordinance No. 585.
F. ON -SITE DRAINAGE:
The Developer agrees to maintain a desiltation basin adjacent to the Dominion
Drainage Easement during the construction of this project. To the extent possible,
the Developer will delay development of the lots which contain this basin as along
as possible. In the event that these lots are sold for building, the Developer shall
make other provisions, for erosion control and desiltation.
SIGNED AND EFFECTIVE on the date last set forth below.
Developer:
By:
Title:
Address:
Date:
10A-13
ATTEST:
Notary Public
Type or Print Notary Name
My Commission Expires
Date
CITY OF SOUTHLAKE, TEXAS
``. By:
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
10A-14
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C maybe 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 L of C must be issued by an 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 L of C 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.
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 L of C 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 L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior
to the expiration date on the L of C held by the City.
M: \ W P.FILES\SUB DI V\TLNARRON\W YNDIAPHASF-"DEV-AGR W PD
10A-15
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City of Southlake, Texas
MEMORANDUM
February 25, 1998
i
TO: Bob Whitehead, Director of Public Works
FROM: Kevin Hugman, Acting Parks and Recreation Director
SUBJECT: Park Dedication Requirements -- Timarron, Wyndsor Grove Phase 2
I
i
i
In accordance with Article VII of the Subdivision Ordinance, Park and Recreation Dedication
Requirements, the Park Board is charged with recommending to the City Council the acceptability
of any alternatives to land dedication by a developer to satisfy the requirements of this section.
The Park Board reviewed Timarron, Wyndsor Grove Phase 2 at its February 9, 1998 meeting.
The developer requested credit for 0.007 miles of public trails and 2.16 acres of improved open
space. The Park Board voted to recommend credit in the amount of $1,176.00 for the public trail,
and the remainder of the park dedication requirements to be paid in fees or future credits.
Please contact me if you have any questions.
10A-18
City of Southlake, Texas
MEMORANDUM
February 25, 1998
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Discussion Item, Ordinance No. 480-1111, Maximum Lot Coverage and Maximum
Impervious Coverage
No changes have been made to this draft of Ordinance No. 480-BB since the last discussion on February
17, 1998. This draft reflects the recommendations of the work group, comprised of Councilmember
Fawks, Commissioner Creighton, and Commissioner Edmondson. It is my understanding that the work
group's objective was to maintain natural areas and open spaces in an effort 1) to lessen the impacts of
parking areas, 2) to increase the survivability of existing native trees by keeping the critical root zone open
for water and gas exchange, and 3) to lessen the impact of drainage run-off.
Please recall three (3) definitions which are pertinent to this discussion:
"IMPERVIOUS COVERAGE - the combined area occupied by all principal and accessory buildings,
structures, and paved parking, sidewalks, and driveway areas. (As approved with the adoption of Ordinance
No. 480-Y)
LOT COVERAGE - the percentage of the total area of a lot occupied by the base (first story or floor) of
buildings located on the lot.
OPEN SPACE - an area of a lot either left in a natural state or receiving permeable vegetative landscape
treatment (e.g.. ponds and lakes, either natural or manmade; and water features, grass, shrubs, flowers,
trees, ground cover, etc.) (As approved with the adoption of Ordinance No. 480-Y)"
Recall that previously I created a comparison chart of site data for some of the recent commercial
developments. This summary looked at lot area, building area, floor area, parking, interior landscape and
perimeter bufferyard areas, open space and impervious coverage for a representative "mix" of zoning
districts. Of those sites evaluated, the Southlake Church of Christ. the Huckabee Dental Clinic and the
Southlake Center at Kimball closely matched the recommended 65% maximum impervious coverage with
64%, 65%, and 68% impervious coverages, respectively. The Crestwood Office Complex (Phase I )
reflected 54% impervious coverage and the Shady Oaks Center presented 75% impervious coverage. The
maximum impervious coverage requirement for both of these sites are again 65% as proposed in this
ordinance amendment.
Section 1 establishes the maximum impervious coverage requirement of 40% of the total lot area in the
"MF-1," Two Family Residential District.
Section 2 changes the maximum lot coverage requirement in the "MF-2," Multiple Family Residential
District from 50% to 40% and also establishes the maximum impervious coverage requirement of 50% of
the total lot area.
t �'1
City of Southlake, Texas
I Curtis E. Hawk, City Manager
February 25, 1998
Page Two
I
Section 3 changes the maximum lot coverage requirement in the "C-3," General Commercial District from
60% to 50% and also establishes the maximum impervious coverage requirement of 65% of the total lot
area.
Section 4 changes the maximum lot coverage requirement in the "13-1," Business Service Park District and
the "B-2" Commercial Manufacturing District from being determined by the Commission and Council
during Concept Plan review to 50%.
Section 5 establishes both the maximum lot coverage requirement of 50% and the maximum impervious
coverage requirement of 65% of the total lot area in the "HC," Hotel District. Currently, the only
development standards in place in the "HC" District are the height and yard requirements.
Section 6 establishes the maximum impervious coverage requirement of 65% of the total lot area for the
"CS," Community Service District, "0-1," Office District, "C-1," Neighborhood Commercial District,
"C-2," Local Retail Commercial District, "B-1," Business Service Park District and the "B-2" Commercial
Manufacturing District.
Section 7 establishes the maximum impervious coverage requirement of 70% of the total lot area for the
Arterial Mall Commercial District, 1-1," Light Industrial District, and 1-2," Heavy Industrial
District.
Section 8 deletes the maximum impervious coverage provision in the specific use permit ("SUP")
requirements for personal care facilities recently established in 480-Y. With the adoption of Ordinance
No. 480-BB, each personal care facility would then have to comply with the underlying zoning district
requirement as set forth in this ordinance revision.
Section 9 amends "Appendix A, Schedule of District Regulations" to reflect the changes to the maximum
lot coverage requirements and creates a new column for the new maximum impervious coverage
requirements.
Sections 10 - 16 are the standard boilerplate included in all ordinances.
Please place this item on the Council's March 3, 1998 agenda for their discussion and direction in
forwarding the amendment to the Planning and Zoning Commission for review and consideration. Should
you have questions regarding the ordinance amendment, please call Councilmember Fawks (424-1999),
Commissioner Creighton (488-1390), Commissioner Edmondson (488-3144) or me at 481-5581,
extension 743.
enc Ordinance"No.480-BB
Chart --Summary of Proposed Changes
Ordinance Request Form
Councilmember Fawks' Memorandum
Work Group Recommendations
L:\CITYDOCS\ORD\DRAFT\ZONING\480BBMEM.5 I
A
Summary of Proposed Changes
Zoning District
Maximum Lot
Proposed Impervious
Landscaping Area
Coverage
Coverage
Requirement
(% Bldg. Footprint
(% Per Total Lot
(Per Floor Area*)
Per Total Lot Area)
Area)
(Landscape Ord.t)
CS
50%
65%
30%
MF-I
30%
40%
No Req't
MF-2
1-9% 40%
50%
50%
0-1
50%
65%
50%
C-I
50%
65%
50%
C-2
50%
65%
50%
C-3
69% 50%
65%
50%
C-4
60%
70%
20%
B-1
65%
30%
rrmcoffSite Pear 50%
B-2
65%
204 0
rrrnc of Site riaft 50%
1-1
50%
70%
20%(Bldg.< lo,000,f)
10% (Bldg z to,000.,.f)
1-2
50%
70%
20% (Bldg. < 10, 000
S-f)
10% (Bldg. z 10,000
s.f.)
HC
65%
50%
50%
* Interior landscape area (excluding bufferyards) is based on the greater of the square footage
of either the first floor of the building or any single floor above. For buildings greater than
20,000 square feet, the landscape area is determined by multiplying the building's width by
a depth of 60 feet.
t Landscape Ordinance Planting Requirements
- I Canopy Tree per 600 square feet
QW, - 1 Accent Tree per 300 square feet
1 Shrub per 60 square feet
- Ground cover - 10% of required landscape area
L\CITYDOCS\ORD\DRAFTZONING\480B&.CH7
(W ORDINANCE NO. 480-BB
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING CERTAIN REGULATIONS
REGARDING LOT COVERAGE; ADDING CERTAIN SECTIONS
REGARDING IMPERVIOUS COVERAGE; DELETING "IMPERVIOUS
COVERAGE" FROM SECTION 45.9; AMENDING "APPENDIX A"
REGARDING LOT COVERAGE AND IMPERVIOUS COVERAGE;
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
(W 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
(W of the community, to increase the survivability of existing native trees and to lessen the impacts of
(W parking areas; and
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 16.5 of Ordinance No. 480, as amended, is hereby amended by adding a new 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 2.
Section 17.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph "e,"
Maximum Lot Coverage, and by adding a new paragraph "l," Maximum Impervious Coverage. to
read as follows:
"e. Maximum Lot Coverage: All buildings or structures shall have a maximum
lot coverage not exceeding forty (40%) percent of the total lot area.
Maximum Impervious Coverage: The maximum impervious coverage shall
not exceed fifty (50%) percent of the total lot area."
SECTION 3.
Section 22.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph '`e,"
Maximum Lot Coverage, and by adding a new paragraph "l," Maximum Impervious Coverage, to
read as follows:
A:\480BB-2.RED
lid-S
(W "e. _Maximum Lot Coverage: All buildings or structures shall have a maximum
lot coverage not exceeding fifty (50%) percent of the total lot area.
1. _Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed sixty-five (65%) percent of the total lot area."
SECTION 4.
Sections 24.5 and 25.5 of Ordinance No. 480, as amended, are hereby amended by revising
paragraphs "e," respectively to read as follows:
"e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fifty (50%) percent of the total lot area."
SECTION 5.
Section 28.5 of Ordinance No. 480, as amended, is hereby amended by adding the following
paragraphs, "e" and "f," establishing maximum lot coverage and maximum impervious coverage to
read as follows:
"e. _Maximum Lot Coverage: All buildings or structures shall have a maximum
lot coverage not exceeding fifty (50%) percent of the total lot area.
f. _Maximum Impervious Coverage: The maximum impervious coverage shall
not exceed sixty-five (65%) percent of the total lot area."
SECTION 6.
Sections 8.5(f), 18.5(i), 20.5 (1), 21.5(1), 24.5(p), and 25.5(i) of Ordinance No. 480, as amended, are
hereby added to establish a maximum impervious coverage requirement 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 215(o), 26.5(1), and 27.5 (1), of Ordinance No. 480, as amended, are hereby added to
establish a maximum impervious coverage requirement to read as follows:
" impervious covera a shall not
Maximum Impervious Coverage: The maximum imp g
.A \430BB Z. RED
(W exceed seventy (70%) percent of the total lot area."
SECTION 8.
Section 45.9 (f), "SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES," of
Ordinance No. 480, as amended, is hereby amended by deleting paragraph "9," Impervious
Coverage.
*X*I WzW
"APPENDIX A, Schedule of District Regulations" of Ordinance No. 480, as amended, is hereby
amended by revising Maximum Lot Coverage and by adding Maximum Impervious Coverage as
amended herein.
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 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.
(awl SECTION 12. -
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
AA480BB-2RED `}
(We 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
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.
A:\480BB-?. RED 5
n A- S
(W SECTION 16.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
,1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
(W ,1998.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
A:\480BB-'-.RED
DAY OF
ORDINANCE REQUEST FORIM
Please Clll out the follo%ylnJ information related to your request for consideration of a nev; ordinance or
revision to an existin7 ordinance. A dish cope of this form can be provided to alloy VOL. to insert your
comments in typed form. Contact Kim Bush in the Cite ManaJer's office at (317) 431 531. ext 702.
SHORT TITLE: Zoning Ordinance - Impervious Coverage Regulations
TYPE OF PROJECT:
Ordinance: New Ordinance , Minor Revision , Major Revision
Master Plan Component: New Item , Minor Revision _,Major Revision
Project: Nev.- Project -,Minor Revision _ _"Major Revision
REQUESTED BY: Scott 'LvIartirvBill Kemp/Gary Fawks Date of Request: 7/30/97
Citizen CC Yes P&Z ZB a X PB SPIN Staff
Other Board or Group:
Outline problem. concern or opportunity. (Do not define solution)
l . Run-off control % mitigation to lessen drainage impacts.
?. To lessen erosion of natural stream beds
Although the landscape ordinance sets minimum parameters for landscape areas, no current
revulations address overall total impervious coverage allowed.
List any potential considerations. (Do not define solution)
anclal demands to --concrete o. cur nail.. -a! str, beds.
`E Ill he,D r:':_!nCaln our, existing n:?t:`•e trees [hcriticalo � -.-or Eat."
- ei- roo, zone open
gas excha^ge.
The Commni:tee attempted to be mindnll the maximum buildin7 coverage allowed as -,ye drafted
these proposed requirements. however the reality of the situation is that rarely if ever is the
maximum lot coverage ever achieved. therefore it may be very realistic to decrease the maximum
allowed impervious coverage in many districts.
General Comments:
JoliChl::�e �!:!Zens do not want to li%e amongst a sea of Lar�ln'Z as Is allO�yed In most Ot er
Coi'llM'L!^.ltles.
List any- references to be reviewed (other cities, etc.) or any documents attached to this request.
a. Draft ordinance prepared by Karen Gandy based on workaroup recommendations.
L
IAA -Ic.
L �%P-FILES PRoIE(7i PR!ORtTk' P001-REQ FRN , .top i'ii} 3.). I':u- P,_� I or I
Memorandum
Deftc o7:t0-197
Ta Karen Gandy
CC: C. Hawk. G. last, D. Edmondson. A- Creighton
From Gary FawtCs
RS Impervious Coverage Regulations
In an efmn to help address the numerous challenges related to drainage and runoff that face our
community, and in accordance with the City Council priority list, our work group has prepared the
attached iist cf proposed impervious coverage regulaticns for each zoning district.
(iilw We believe that the best way to handle this will be to arnend each of the zoning district's development
regulations as opposed to creating a new ordinance. Please note then: is one recommended change
to the maximum building coverage (trt Uv C3 District). The definition of impervious coverage that you
used in 48GY wculd appear to be appropriate for these regulations as well. I do believe we wilt need to
=dal the percentage included in 480 - Y as a part of ttMis gam so it may be governed by the
under'yiN z r'ing district.
c.
FIA..ease have t %ese drafted into ordinance form and placed on the Council agenda ter Juty 15, 1997 as
a casa-ss�w tem. This will allow the Council the opportunity to Cs..:.�ss the concept of muse charges
pry to .serving the ordinance to P&Z, and hopefully thereby expedite the process. Please contact me
if you nave any questions or comments. I will be in town throw Jury err we need to discuss tt`�s any
runner next week.
REUCD JUL 0 71997
^T„iR 7
t,"�-t
Impervious Coverage Regulations
Proposed Coverage
Limits
District
O-1
O-2
C-1
C-2
C-3
CA
B-1
B-2
I-1
1-2
HC
MR
MF2
CS
Bldg Cover
50%
50%
50%
50%
50%
60%
50%
50%
50%
50%
50%
30%
40%
50%
wA -13
Imp Cover
65%
65%
65%
65%
65%
70%
65%
65%
70%
70%
65%
40%
50%
55%
City of Southlake, Texas
MEMORANDUM
February 27, 1998
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Discussion Item, Ordinance No. 480-CC, Residential Adjacency, Corridor Overlay
Zone, and Pitched Roof Regulations
Attached is the revised draft of Ordinance No. 480-CC which reflects the latest recommendations of the
work group, comprised of Councilmember Muller, Commissioner Edmondson and Commissioner
Creighton and comments from Councilmember Fawks as well. The work group's objective was to
preserve the quality of residential life and to protect property values within all existing and future
residential neighborhoods from developing non -single family residential uses within 400' of any single
family residential property. The regulations attempt to maintain a generally harmonious outward
appearance of non -single family residential structures adjacent to single family residential properties.
j Included in your packet is both a redline/strikeout copy and a clean copy of the proposed revisions. Any
additional questions and concerns can be addressed in either the work session or the executive session.
�WAs directed we did forward the workgroup's revised recommendations to the City Attorney and they
provided a thorough review of the ordinance. Their review resulted in significant restructuring from the
formats used by the workgroup, but did not change in substantive issues as recommended by the group.
The revisions recommended by the City Attorney were received on Friday of packet week and have been
incorporated into the draft attached. Due to time constraints we were not able to generate a
redline/strikeout version based on the workgroup's recommendations or the existing zoning ordinance.
As an overview, the ordinance is now structured in the following manner:
1. The definitions were relocated to Section 4, "Definitions" and now apply to the entire ordinance. Note
that a definition for "single family residential property" has been added and reference throughout this
amendment, particularly in the Corridor Overlay Zone regulations. Also, due to the broader scope of
the definitions, the term visible was changed.
2. Several subparagraphs within Section 43, "Corridor Overlay Zone," have been amended and a new
subparagraph was added which was entitled, "Roof Design Standards." Note that pitched roofs have
not yet been defined and that standing seam roofs are not listed as permitted roof types.
3. Section 5 sets forth the new residential adjacency standards that will be inserted into each of the non -
single family residential districts as mentioned. Note that the subparagraph headings have been
changed to match the headings within the Corridor Overlay Zone and recycling receptacles have been
added to the trash receptacle regulations. I have also attempted to further define rooftop mechanical
screening (hopefully eliminating the "enclosure of a box within a box" ).
(40.1
Curtis E. Hawk, City Manager
er
February 27, 1998
Page Two
4. Section 6, if adopted, would preclude P&Z and City Council from granting any variances to the
Corridor Overlay Zone and Bufferyard regulations. These (and other) variances to the zoning
ordinance would be considered by the Board of Adjustment as provided for in Section 44 of the Zoning
Ordinance and in Chapter 211 of the Local Government Code.
Prior to sending this ordinance to the P & Z, pitched roofs need to be defined (with thought being given
to the acceptability of standing seam roofs). Also outstanding are the issues addressed previously by City
Attorney Wayne Olson in his confidential memorandum given to the council at the last meeting.
Please place this item on the Council's March 3, 1998 agenda for their discussion and direction in
forwarding the amendment to the Planning and Zoning Commission for review and consideration. Should
you have questions regarding the ordinance amendment, please call Councilmember Muller (481-6644),
Commissioner Creighton (488-1390), Commissioner Edmondson (488-3144), Councilmember Fawks
(424-1999) or me at 481-5581, extension 743.
enc Draft No. 3 of Ordinance No. 480-CC dated February 27, 1998 (4:14pm)
Advocacy Form
Q., L. \C ITYDOCS\ORD\DRAFrZ ONING\480CCME M.3
PROJECT ADVOCACY FORM
Please till out the following information related to your request for consideration of a project, ordinance
or revision to an existing ordinance. A disk copy of this form can be provided to allow you to insert your
comments in typed form. Contact Kim Bush in the City Manager's office at (817) 481-5581, ext 702.
SHORT TITLE: Residential Adjacency Standards
TYPE OF PROJECT:
Ordinance: New , Minor Revision , Major Revision X*
Master Plan Component: New , Minor Revision , Major Revision
Project: New , Minor Revision , Major Revision
Other:
* Neighborhood Preservation Ordinance No. 480-Q
REQUESTED BY: Councilperson Muller
CC X , P&Z , BA. , PB , STAFF , OTHER:
DATE OF REQUEST: 11/96 DATE RECEIVED: 11/96 BY: Comm.Dev.
Outline problem, concern or opportunity. (Do not define solution)
1. Preservation of property values and quality of life for single family residential properties not
protected by the Corridor Overlay Zone regulations.
List any potential considerations. (Do not define solution)
Height/setback standards
2. Roof and window design similar to residential
Masonry materials
4. Screening and landscaping
General Comments:
Use Ordinance No. 480-Q, Neighborhood Preservation Ordinance, as a starting point
List any references to be reviewed (other cities, etc.) or any documents attached to this request:
A REs_AD1 WPD Form Date: February 13. 1998 Page 1 of 1
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ORDINANCE NO. 480-CC
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
4 AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING
6 RESIDENTIAL ADJACENCY DEVELOPMENT
7 REGULATIONS FOR NON -SINGLE FAMILY RESIDENTIAL
8 DEVELOPMENTS WITHIN FOUR HUNDRED (400) FEET
9 OF PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL
10 OR DESIGNATED LOW OR MEDIUM DENSITY
11 RESIDENTIAL ON THE LAND USE PLAN; PROVIDING
12 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
13 ALL ORDINANCES; PROVIDING A SEVERABILITY
14 CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
15 HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
16 FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
17 FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
18 PROVIDING AN EFFECTIVE DATE.
19
20 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter
21 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
22 9 of the Local Government Code; and
WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended,
25 as the zoning ordinance of the city; and
26
27 WHEREAS, the City of Southlake has historically developed as a residential community
28 which is particularly suited for the development of a quality residential lifestyle which is separated
29 from non -single family residential developments which might adversely impact said residential
30 neighborhoods; and
31
32 WHEREAS, several existing and planned residential neighborhoods are located adjacent to
33 properties which are developing or will be developed for business and commercial use; and
34
35 WHEREAS, the city council of the City of Southlake recognizes the vital importance of
36 residential neighborhoods and the need to preserve and protect residential neighborhoods from the
37 adverse effects of adjoining non -single family residential uses; and
38
39 WHEREAS, the city council further recognizes that certain areas of the city would not be
40 appropriate for non -single family residential development unless special development restrictions
41 are placed on such areas; and
42
43
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WHEREAS, the city council desires to protect and enhance the attractiveness of the city to
visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient
growth and development of the city; to preserve property and property values; and to maintain a
4 generally harmonious outward appearance of both single family residential and non -single family
5 residential structures which are compatible and complementary; and
6
7 WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving
8 and protecting the quality of residential life of existing and future residential neighborhoods by
9 adopting reasonable regulations that will promote non -single family residential development that is
10 compatible and complementary with adjoining single family residential properties.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
13 OF SOUTHLAKE, TEXAS:
14
15 SECTION 1.
16
17 Section 4, "Definitions" of Ordinance No. 480, as amended, is hereby amended by adding
18
19 the following new definitions thereto:
20
21 "Non -single Family Residential Use or Building All nonresidential district uses or
22 buildings as well as two-family and multiple -family residential district uses or
buildings.
25 Single Family Residential Property Any lot or tract of land with single family
26 residential zoning or any lot or tract of land designated as low or medium density
27 residential on the Land Use Plan.
28
29 Under Construction A valid building permit has been issued by the City for
30 construction of a single family residential dwelling.
31
32 Visible Capable of being seen while standing at ground level."
33
34 SECTION 2.
35
36 Section 43.9.c., "General Development Standards", of Ordinance No. 480, as amended. is
37 hereby amended by revising the initial paragraph thereof to read as follows:
38 C. General Development Standards - The following standards shall apply to all
39 non -single family residential development in the Corridor Overlay Zone and
40 the Village Center unless noted otherwise. For purposes of this subsection,
41 distances shall be measured from the non -single family residential structure
to the property line of the single family residential property.-
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SECTION 3.
Section 43.9.c.1, paragraphs (a), (b), (c), (d), to be revised to read as follows, existing
paragraphs (d), (e) and (0 to be relettered to (e), (f) and (g) respectively, and a new paragraph (h)
to be added to read as follows:
1. Architectural Standards:
(a) Masonry Requirements: All buildings must meet the masonry
requirements as set out in Ordinance No 557 as amended. However,
on facades which are visible from SH 114, Carroll Avenue between
SH 114 and FM 1709, FM 1709, FM 1938 and adjacent ROW and /
or from single family residential property located within 400 feet of
the proposed non -single family residential building, such masonry
requirements shall exclude the use of cement, concrete tilt wall and
other masonry materials of similar characteristics. In addition, the
use of standard concrete block shall be limited to 10% of any facade
visible from adjacent public ROW; and stucco or plaster shall only be
mesh to a 7/8th inch thickness or by other process producing
comparable stucco finish with equal or greater strength and durability
specifications.
(b) Roof Design Standards: All structures which are 10,000 square feet
or less shall be constructed with a pitched roof. Those structures
greater than 10,000 square feet shall be constructed with a parapet or
mansard roof system (enclosed on all sides), having a minimum
height of twenty-five feet (25'), and clad with composition shingles,
slate or a manmade slate -like product."
(c) Mechanical Equipment Screening: All buildings must be designed
such that no mechanical equipment (HVAC, etc.) or satellite dishes
shall be visible from SH 114, Carroll Avenue between SH 114 and
FM 1709, FM 1709, and FM 1938 and adjacent ROW and / or from
single family residential property located within 400 feet of the non -
single family residential building. This shall include equipment on
the roof, on the ground or otherwise attached to the building or
located on the site. rooftop mechanical screening shall be
accomplished either by the construction of the roof systems described
in subparagraph (b) above or by the construction of an architectural
feature which totally encloses such equipment. this architectural
feature shall be constructed of similar masonry material as the
building's front facade and complementary to the building's
architectural style. The fencing of or enclosure of individual
L:\CITYDOCS\ORD\DRAFCZONING\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm)
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Page 3
mechanical units shall not be permitted except as described above.
(d) Facade Articulation: On all facades which are visible from SH 114,
4
Carroll Avenue between SH 114 and FM 1709, or FM 1709, and / or
5
from single family residential property located within 400 feet of the
6
proposed non -single family residential structure, the following
7
horizontal and vertical articulation must be met (see Exhibit 43-A for
8
clarification).
9
10
i. Horizontal Articulation: No building facade shall extend
11
greater than three (3) times the wall's height without having
12
a minimum off -set of 15'% of the wall's height, and such off-
13
set shall continue for a minimum distance equal to at least
14
25% of the maximum length of either adjacent plane.
15
16
ii. Vertical Articulation: No horizontal wall shall extend for a
17
distance greater than three (3) times the height of the wall
18
without changing height by a minimum of 15% of the wall's
19
height, and such height change shall continue for a minimum
20
distance equal to at least 25% of the maximum length of
21
either adjacent plane.
22
(h) Height: Same as in underlying zoning. Buildings adjacent to or
across the street from single family residential property shall meet the
25 standards for height regulations as outlined in Section III herein.
26
27 i. Village Center: All properties which are located within the
28 Village Center shall be further limited in height to the
29 underlying zoning district or maximum elevation of 710 feet
30 (National Geodetic Vertical Datum of 1929), whichever is
31 lower.
32
33 SECTION 4.
34 Section 43.9.c.2(d), "Trash Receptacles", of Ordinance No. 480, as amended, is hereby
35 amended to read as follows:
36 (d) Trash Receptacles and Recycling Receptacles: No trash receptacles
37 or recycling receptacles shall be located within fifty feet (50') of
38 single family residential property. Trash receptacles shall be four
39 sided with a gate and located outside bufferyards, and to the side or
40 rear of the principal building. They shall be screened by a minimum
eight foot (8') solid masonry screen and shall utilize similar masonry
materials to the principal structure.
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SECTION 5.
4 Ordinance No. 480, as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6,
5 18.6, 19.4, 20.6, 21.6, 22.6, 23.6, 24.6, 25.6, 26.6, 27.6, 28.6, 29.6, 30.6, 31.4 and 32.4 each
6 respectively to read as follows, and by renumbering the remaining sections accordingly:
7 "ADDITIONAL DEVELOPMENT REGULATIONS FOR PROPERTIES LYIN
8 WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
9 PROPERTY" - In addition to the development regulations applicable to this zoning
10 district, the development regulations in this section herein shall also apply. When
11 any requirements in this section are in conflict with any other requirements for this
12 zoning district, the more stringent requirements shall apply."
13
14 PURPOSE AND INTENT - In order to preserve and protect the integrity of
15 residential neighborhoods within the City of Southlake, and in an effort to protect the
16 quiet enjoyment of single family residential properties and to maintain property
17 values, the City has determined that it is necessary and appropriate to adopt
18 specialized regulations for non -single family residential uses and buildings that
19 develop within 400 feet of single family residential properties. For purposes of this
section, distances shall be measured from the non -single family residential structure
to the property line of the single family residential property.
22
23 DEVELOPMENT REGULATIONS: In addition to the development regulations
24 applicable to this district, a site plan meeting the requirements set forth in Section 40
25 of this ordinance shall be required to be submitted for any use or building that
26 develops within 400 feet of single family residential properties. This site plan shall
27 be reviewed and approved by the Planning and Zoning Commission and the City
28 Council and shall meet the following additional development regulations.
29
30 1. Masonry Requirements: All structures shall meet the standards set forth in
31 Section 43.9.c. L(a).
32
33 2. Setbacks: All structures shall meet the height/setback ratio as set forth in
34 Section 43.11 of this ordinance.
35
36 3. Spill -over Lighting: Any exterior lighting shall meet the standards set forth
37 in Section 43.12(a) of this ordinance.
38
39 4. Trash Receptacles and Recycling Receptacles: All trash receptacles and
40 recycling receptacles shall meet the standards as set forth in Section
L
- 43.9.c.2.d of this ordinance.
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5. Roof Design Standards: All structures shall meet the standards as set forth in
Section 43.9.c. Lb of this ordinance.
4 6. Location: If the non -single family residential lot abuts the same residential
5 street as single family residential property and if the non -single family
6 residential structure is within 400 feet of single family residential property,
7 the following shall be required:
8
9 a. Front and Side Yards: The non -single family residential structure shall
10 have front and side yards equivalent to the front and side yards required
11 for the single family residential property, but not less than the front and
12 side yards otherwise required in this zoning district.
13
14 7. Mechanical Equipment Screening: All buildings shall meet the standards as
15 set forth in Section 43.9 c.l .c of this ordinance.
16
17
18 SECTION 6.
19
20 Section 43.9.b, "Variances," (Corridor Overlay Zone) and Section 42.15.a, "Variances,"
21 (Bufferyards) of Ordinance No. 480, as amended, are hereby amended by deleting these sections in
(W their entirety and relettering the remaining sections accordingly.
23 SECTION 7.
24
25 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
26 Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
27 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
28 SECTION 8.
29
30 It is hereby declared to be the intention of the City Council that the phrases, clauses,
31 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
32 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
33 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
L\CIrvDOCs\ORD\DRAFTZONWG\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 6
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I the same would have been enacted by the City Council without the incorporation in this ordinance
(401.1
of an such unconstitutional yphrase, clause, sentence, paragraph or section.
3 SECTION 9.
4
5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
6 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
7 than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation if permitted to
8 exist shall constitute a separate offense.
9 SECTION 10.
10
11 All rights and remedies of the City of Southlake are expressly saved as to any and all
12 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
13 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
15 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
16 disposition by the courts.
17 SECTION 11.
18
19 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
20 in book or pamphlet form for general distribution among the public, and the operative provisions of
21 this ordinance as so published shall be admissible in evidence in all courts without further proof than
22 the production thereof.
23 SECTION 12.
24
25 The City Secretary of the City of Southlake is hereby directed to publish the proposed
26 ordinance or its caption and penalty together with a notice setting out the time and place for a public
(OW, hearing thereon at least ten (10) days before the second reading of this ordinance, and if this
L.`C(TYDOCS\ORD\DRAFT\ZONING\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 7
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I ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
(W
its provisions, then the City Secret shall additional) publish this ordinance or its caption and
p Y �' Y p P
3 penalty in the official City newspaper one time within ten days after passage of this ordinance, as
4 required by Section 3.13 of the Charter of the City of Southlake.
5 SECTION 13.
6
7 This ordinance shall be in full force and effect from and after its passage and publication as
8 required by law, and it is so ordained.
9 PASSED AND APPROVED ON FIRST READING ON THIS
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,1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
,1998.
L.\CITYDOCS\ORD\DRAFPZONING\480-CC3C. W PD
MAYOR
ATTEST:
Draft No. 3 Dated: February 27, 1998 (4:14pm)
IIB-Ik
DAY OF
DAY OF
Page 8
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A
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
L.•CITYDOCS\ORD\DRAFCZONING\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 9
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S.E.C. Southlake Blvd. &
Byron Nelson Parkway
Southlake, Texas (Tarrant County)
DATE 2/24/98
PROJECT: 7827
10 30
0 20 40 80 SCALE: 1"-40'
Zoning to be "R-P.t1.D." with "C-2" uses.
tabulations
PHASE I BUILDING AREA TABULATIONS (APPROX. S.F.)
BLDG. No. - BLDG. S.F. BLDG. TYPE
1 - 4,273 S.F. BANK
2 - 7,555 S.F. RETAIL
1,720 S.F. RESTAURANT
3 - 1,660 S.F. RETAIL
- 7,162 S.F. RESTAURANT
TOTAL - 22,370 S.F.
PHASE II BUILDING AREA TABULATIONS (APPROX. S.F.)
BLDG. No. - BLDG. S.F. BLDG. TYPE
4 - 5,820 S.F. RETAIL
500 S.F. RESTAURANT
5 6,710 S.F. RETAIL
1,000 S.F. RESTAURANT
TOTAL - 14,030 S.F.
SITE AREA TABULATIONS (AC.)
LOT No. - LOT AREA SITE COVERAGE
3-BLDG.1-4 - 3.925 AC. 16.78X
4-BLDG. 5 - 1.016 AC. 17.42Y.
TOTAL - 4.941 AC. 16.91/
MAX. BUILDING HEIGHT - 35'-0"
PARKING TABULATIONS
LOT No. - SPACES REQ'D/PROVIDED
BLDG.1 - 15/15
BLDG.2 - 55/61
BLDG.3 - 80/86
BLDG.4 - 34/39
BLDG.5 - 44/47
TOTAL SPACES (REQ'D/PROV'D) 228/248
ANTICIPATED SCHEDULE OF DEVELOPMENT
FOR BUILDING 4 & 5
START CONSTRUCTION - 3/98
FINISH CONSTRUCTION - 10/98
o.� PROPOSED LIGHT - SHOE BOX
MAX. HEIGHT: 35'-0"
p PROPOSED DECORATIVE LIGHT
HEIGHT: 12'-0"
landscape tabulations
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PHASE 1 & 2 SUMMARY CHART OF BUFFER YARDS
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CITY OF SOUTHLAKE T-211.67'
1 TIMARRON LAND CORP. MUNICIPAL COMPLEX
CH-S110 36'29"W
APPROVED PRELIMINARY PLAT APPROVED PRELIMINARY PLAT
i LOT 1, BLOCK 61 LOT 1, BLOCK 1 `, LC-414.91
VOLUME 9827, PAGE 917 VOL. 12291, PAGE 1079
TIMARRON ADDITION, PHASE V ZONED "CS"
1
' D.R.T.C.T. L.U.D.-CITY OF SOUTHLAKE �' _ -�
L.U.D.-OFFICE COMMERCIAL MUNICIPAL COMPLEX-PUBLIC/SEMI-PUBLIC �-
ZONING - R-PUD
3
legal description
WHEREAS, WESTERRA, TIMARRON, L.P. (FORMERLY TIMARRON LAND CORPORATION), AND
VENUS (DREWS) PARTNERS V, L.P., ACTING BY AND THROUGH THE UNDERSIGNED, THEIR
DULY AUTHORIZED AGENTS, ARE THE SOLE OWNERS OF A 6.611 ACRE TRACT OF LAND
SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899 TARRANT COUNTY, TEXAS,
BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO WESTERRA
TIMARRON, L.P. RECORDED IN VOLUME 12612 PAGE 1631, D.R.T.C.T. AND ALL OF A 3.500
ACRE TRACT OF LAND DESCRIBED IN DEED TO VENUS (DREWS) PARTNERS V,L.P.,
RECORDED IN VOLUME 12705, PAGE 1442, D,R,T,C,T,SAID 6.611 ACRE TRACT BEING
MORE PARTICUYLARLY DESCRIBED AS FOLLOWS:
BEING 6.611 ACRES OF LAND LOCATED IN TFE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, TARRANT
COUNTY, TEXAS, AND BEING ALL THAT CERT SIN TRACT OF LAND DESCRIBED AS LOT 2 AND LOT 3,
BLOCK 60. TIMARRON ADDITION PHASE 5, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRA4T
COUNTY, TEXAS, ACCORDING TO THE PLAT PECORDED IN CABINET "A", SLIDE 3675 OF THE PLAT
RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8-INCH IRON ROD FOUND AT THE INTERSSECTION OF THE EAST LINE OF SAID
WESTERRA TIMARRON, L.P., TRACT AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTHLAKE BLVD.
(VARIABLE WIDTH RIGHT-OF-WAY), SAID POIN 1 BEING THE NORTHWEST CORNER OF LOT
2A BLOCK 1 OF DILG PLACE ADDITION, AND ODITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AS SHOWN BY THE PLAT RECORDED IN VOLUME 388-174,PAGE 30, OF THE PLAT RECORDS OF
TARRANT COUNTY, TEXAS, SAID LOT 2A BEING THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED
TO JOE NEAL BAKER, RECORDED IN VOLUME 6768,PAGE 264 OF THE DEED RECORDS OF TARRANT
COUNTY, TEXAS.
THENCE S 01.01'22"W, 794.74 FEET ALONG THE COMMON LINE OF SAID BAKER TRACT AND SAID
WESTERRA TIMARRON, L.P., TRACT TO A 5-INCH IRON ROD FOUND AT THE NORHTEAST CORNER OF
LOT 1, BLOCK 60, TWARRON ADDITION, PHASE 5, AS SHOWN BY THE PLAT RECOREDED IN CABINET "A",
SLIDE 3674 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT OF LAND DESCRIBED
IN DEED TO CARROLL INDEPENDENT SCHOOL DISTRICT, AND RECORDED IN VOLUME 12939, PAGE
2250 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS.
THENCE S 89' 45'29"W, 477.96 FEET ALONG THE COMMON SOUTH LINE OF SAID 6.611 ACRE TRACT AND
THE NORTH LINE OF A SAID LOT 1, BLOCK 60, CARROLL INDEPENDENT SCHOOL DISTRICT TRACT, TO A
5/0-INCH IRON ROD FOUND, SAID POINT LYING IN THE EAST RIGHT-OF-WAY LINE OF BYRON NELSON
PARKWAY (A 90 FOOT WIOE RIGHT-OF-WAY)
THENCE OVER AND ACROSS SAID WESTERRA TIMARRON, L.P. TRACT AND ALONG THE EAST RIGHT-
OF-WAY LINE OF SAID BYRON NELSON PARKWAY AS FOLLOWS:
NORTHEASTERLY 417.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1045.01 FEET,
A CENTRAL ANGLE OF 22.54'04", A CHORD BEARING OF N 11' 36"29"E, 414.91 TO A 5/8-INCH IRON
ROD FOUND AT THE END OF SAID CURVE.
N00.10'09"E, 94.96 FEET TO A 5/8-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 4,
BLOCK 60, TIMARRON ADDITION, PHASE 5, AS SHOWN BY THE PLAT RECORDED IN CABINET
"A", SLIDE 3675, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS.
THENCE ALONG THE COMMON LINE OF SAID LOT 4 AND LOT 3, BLOCK 60, TIMARRON ADDITION, PHASE
5 AS FOLLOWS:
S89' 49'51"E, 39.69 FEET TO A 1/2-INCH IRON ROD SET FOR A CORNER;
N00' 10'09"E, 12.01 FEET TO A 1/2-INCH IRON ROD SET FOR A CORNER;
S89' 49'51"E, 112.00 FEET TO A 5/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF
SAID LOT 4;
N00. 10'09"E, 289.10 FEET TO A 5/8-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF
SAID LOT 4, SAID POINT LYING IN THE SOUTH RIGHT-OF-WAY LINE OF SAID SOUTHLAKE
BOULEVARD;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SOUTHLAKE BOULEVARD AND THE
NORTH LINE OF SAID LOT 3, AS FOLLOWS:
N 89' 45' 29" E, 119.55 FEET TO A TEXAS DEPARTMENT 0 TRANSPORTATION CONCRETE
MONUMENT WITH BRASS DISK FOUND;
S 87' 30' 36" E, 136.38 FEET TO THE PLACE OF BEGINNING CONTAINS 6.611 ACRES (287,984
SQUARE FEET) OF LAND.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS;
THAT WESTERRA TIMARRON L.P. (FORMERLY TIMARRON LAND CORPORATION), AND VENUS
(DREWS) PARTNERS V,L.P. BY AND THROUGH THE UNDERSIGNED,THEIR DULY AUTHORIZED ZED
AGENTS, DO HERBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS
LOTS 2R AND 3R, BLOCK 60, TIMARRON ADDITION, PHASE 5, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, AND DO HERBY DEDICATE TO THE PUBLICS USE THE
RIGHTS -OF -WAY AND EASEMENTS SHOWN THEREON AND DO FURHTER CERTIFY THAT THIS PLAT
DOES NOT INCREASE THE NUMBER OF LOTS OR ALTER OR REMOVE EXISTING DEED RESTRICTIONS
OR COVENANTS, IF ANY, ON THIS PROPERTY.
CANOPY
ACCENT
SHRUBS
FENCE/SCREENING
LOCATION
LENGTH
WIDTH/TYPE
TREES
TREES
REQ'D
408,
20'-0
16
12
56
NONE
NORTH
PROV'D
408'
16
12
97
REQ'D
495'
10'-F1
10
15
50
W MASONRY
EAST
PROV'D
495'
'MASONRY
p' 8
14
22
119
PLUS
2_0 3 HEDGE
REQ'D
-
-
•
SOUTH
PROV'D
REQ'D
529'
5'-A
4
7
34
NONE
WEST
PROVO
529'
10,
5
11
106
NOTES:
-REQUESTED VARIANCE
WIDTH OF DRIVEWAYS WERE DEDUCTED
FROM THE LENGTH OF THE BUFFER
YARD FOR PLANTS CALCULATION (ZONING
ORDINANCE, SECTION 42.4-F).
PLANT REOLoREmiENTS FOR WEST SIDE BUFFER YARD
REDUCED 2OX BECAUSE BUFFER YARD WIDTH WAS DOUBLED
SUMMARY CHART INTERIOR LANDSCAPE FOR PHASE 1 & 2
LANDSCAPE Y
AREA (S.F.)
IN FRONT
OR SIDE
CANOPY
TREES
ACCENT
TREES
SHRUBS
GROUND COVER
REQUIRED
17,898 S.F.
75.00Y
30
60
298
1,790 S.F.
PROVIDED
29.712 S.F.
98.14Y
30
60
639
7,676 S.F.
general notes
- TENANT SIGNS ON BUILDING FACE OR AWNING
- ADEQUATE ENTRYS & EXITS WILL BE PROVIDED
FOR ALL OF THE BUILDINGS
variance
STOREFRONT -USE OF WOOD ENTRY
BUFFERYARD Q EAST PROPERTY LINE OF PHASE II
BUFFERYARD C SOUTH PROPERTY LINE OF PHASE I& II
�j T.L. Callaway Architem. Inc.
1LJL,L ,1 1 17738 Preston Road / Ste. 125
11W
� ARCHITECTS Da;� Texas 75 52
DEVELOP%ENC SIRVICE4 Fax. (972) 732-8058
OWNER:
Venus (Drews) Partners V L.P.
c/o Drews Realty Group - Sohn Drews
580 COMM ree SL. Suite 400
SoutWake, Texas 76092
Tel.1817) 329-1684
Fax (8 17) 416-8418
0 0
ISSUED:
12/29/97
0 0
REVISIONS:
1/12/98
2/9/98
2/24/98
o
13
o
a
FCALLAWAY
EJARCHITECTS
DEVELOPMENT SERVICES
T.L. Callaway Architects, Inc.
17738 Preston Road / Ste. 125
Dallas, Texas 75252
Tcl. (972) 732-6085
Fax. (972)732-8058
0
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Case No. "ZA90-004'� FEB 261998 I
S P- I
7.1
126'-6"
0"
2 CONC.
ROOF
118'-11 5/8"
1J E,I,F,S CC
CEMENT P
7O AW
WOOD WINDOW
100' - 0''
CEMEN
0
ri11
EXTERIOR ELEVATION - BUILDING *4
1/8" - 1'-0"
NOTE: FINISHES ARE ALSO
REQUIRED AT
PORTIONS OF INSIDE FACE OF
PARAPETS EXPOSED TO PUBLIC VIEW
CHOPPED CRANBURY
STONE
O
WEATHERED LIMESTONE -
PATTERN
AWNINGS
O TO BE SELECTED BY ARCHITECT
RANDOM ASHLAR
CONCRETE TILE: ROOF
LIFETILE FLAT SLATE
COLOR "GREEN •323"
STAMPED PAVEMENT
8 PATTERN: ASHLAR SLATE
CEMENT PLASTER W/
DRYVIT
COLOR: RUST BROWN
E.I.F.S. FINISH COAT
COLOR: 0139 - ADOBY ACCENT
FINISH: SANDPEBBLE
9 PATTERN: COQUINA STONE
4
DRYVIT
COLOR: SHALE GRAY
COLOR: +355A - MUCKY DUCK
FINISH: SANDBLAST
1Q NOT USED
OTHOROWALL
COLOR: +104 - DOVER SKY
E.I.F.S. (SPECIAL DETAIL CORNICE)
11 DRYVIT
FINISH: SANDPEBBLE
COLOR: +103 - NATURAL WHITE
WOOD WINDOWS
gA
BENJAMINE MOORE
FINISH: SANDPEBBLE
`970
PRE -FINISH COPING
1� TO MATCH DRYVIT
COLOR: •103 - NATURAL WHITE
WOOD BASE
fib
MONARCH
STRONG HUNTER
•AC092N
Of;� EXTERIOR COLOR SCHEDULE
v
12 6'-6"
124'-0'
(2)CONC. TILT
ROOF --�
118'-11 5 / 8 "
E.I.F.S. CORNICE
CEMENT PLAST
AWNINGS O
WOOD DOOR C
100'-0"
03 EXTERIOR ELEVATION - BUILDING *4
1/8" • 11-011
\ AC- T Al P-nmmr, 62 1
ILE
VT
GS
GU,
ST(
11
4STER O3
STONE SCREENI
NALL
WOOD TRIM EXTERIOR ELEVATION - BUILDING *4
66 1/8" - 1'-0"
04 EXTERIOR ELEVATION - BUILDING *4
1/8" • 11-01,
O O
ISSUED:
12/29/97
0 0
REVISIONS:
1/12/98
2/25/98
O O
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CALLAWAY
Lj'-
ARCHITECTS
�i DEVELOPMENT SERVICES
T.L. Callaway Architects, Inc.
17738 Preston Road / Ste. 125
Dallas, Texas 75252
Tel. (972) 732-6085
Pax. (972)732-8058
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0 0
TITLE
ELEVATIONS
BUILDING *4
0 0
SHEET
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126'-6"
125'-2 1/2
124'-4"
17
CONC.
ROOF
118'-11 5/8'
E,I,F,`
AWNI�
E.I.F.'
STONI
I -IF 0"
EXTERIOR ELEVATION - BUILDING *5
01 1/8" - 1'-0"
NOTE: FINISHES ARE ALSO
REQUIRED AT
PORTIONS OF INSIDE FACE OF
PARAPETS EXPOSED TO PUBLIC VIEW
STONE
O
CHOPPED CRANBURY
-
WEATHERED LIMESTONE
AWNINGS
7O
TO BE SELECTED BY ARCHITECT
RANDOM ASHLAR PATTERN
CONCRETE TILE ROOF
n
LIFETILE FLAT SLATE
�1
COLORS "GREEN 0323"
I ti
PATTERN: ASHLAR SLATE
CEMENT PLASTER W/
3
DRYVIT
STAMPED PAVEMENT
COLOR: RUST BROWN
E.I.F.S. FINISH COAT
COLOR: •139 - ADOBY ACCENT
FINISH: SANDPEBBLE
9
PATTERN: COQUINA STONE
ODRYVIT
COLOR: SHALE GRAY
COLOR: •355A - MUCKY DUCK
FINISH: SANDBLAST
10
NOT USED
OTHOROWALL
COLOR: •104 - DOVER SKY
FINISH: SANDPEBBLE
E.I.F.S. (SPECIAL DETAIL CORNICE)
11
DRYVIT
COLOR: •103 - NATURAL WHITE
WOOD WINDOWS
6A
BENJAMINE MOORE
FINISH: SANDPEBBLE
•970
PRE -FINISH COPING
12
TO MATCH DRYVIT
COLOR: 0103 - NATURAL WHITE
WOOD BASE
66
MONARCH
STRONG HUNTER
•AC092N
05
EXTERIOR COLOR SCHEDULE
03 EXTERIOR ELEVATION - BUILDING *5
1/8" - 1'-0"
U
02 EXTERIOR ELEVATION - BUILDING *5
1/8" - 1'-0"
04 EXTERIOR ELEVATION - BUILDING *5
1/8" - 1'-O"
W'D FEB 2 61998
O O
ISSUED:
O O
REVISIONS:
O
O
0
p�CALLAWAY
ARCHITECTS
DEVELOPMENT SERVICES
T.L. Callaway Architects, Inc.
17738 Preston Road / Ste. 125
Dallas, Texas 75252
Tel. (972) 732-6085
Fax. (972)732-8058
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TITLE
ELEVATIONS
BUILDING *5
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SHEET
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1/8" - 1`0„
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0
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2 FLOOR PLAN - BUILDING *5
;, . , ,0
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IJSUtU:
12/29/98
D O
REVISIONS.,
1/12/98
2/25/98
0 0
0 0
p�CALLAWAY
ARCHITECTS
DEVF:I.()P%IFN"r SERVICES
T I .. Callaway Architects, Inc.
17738 Premon Road / Sic. 125
wllas, Texas 75252
Tel. (972) 7324-085
Fax. (972)732-8058
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JOB NO. 78273
O 0
TITLE
FLOOR PLAN
BUILDING
*4 & 5
0 0
SHEET
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landscape tabulations
r-% Ac%r 1 0 7 rIIMMADY rWAPT nF RlIFFFR YARDS
LOCATION
LENGTH
WIDTH/TYPE
CANOPY
ATCCENT
SHRUBS
FENCE/SCREENING
TREES
REES
NORTH REQ'D
408'
20'-0
16
12
56
NONE
PROV'D
16
12
97
EAST REQ'D
495'
;-F-li�a�ary
A
plus
had
SOUTH REQ'D
*
*
*
*
*
*
PROV'D
WEST RIEQ'D
529'
A
g
11
106
NONE
PROV
0'
NOTES;
*REQUESTED VARIANCE
WIDTH OF DRIVEWAYS WAS DEDUCTED FROM THE ENGTH OF THE BUFFER
YARD FOR PLANTS CALCULATIONS (ZONING ORDINANCE, SECTION 42.4-F).
PLANT REQUIREMENTS FOR WEST SIDE BUFFER YARD REDUCED 203E BECAUSE
BUFFER YARD WIDTH WAS DOUBLED.
SUMMARY CHART INTERIOR LANDSCAPE FOR PHASE 1 & 2
SHRUBS
GROUND COVER
LANDSCAPE
AREA (S.F.)
% IN FRONT
OR SIDE
CANOPY
TREES
ACCENT
TREES
REQUIRED
17,898 S.F.
75,007
30
60
298
1,790 S.F.
PROVIDED
29,712 S.F.
98.14X
30
60
639
7,676 S.F.
rah Holly
.-.4 D,A nnI.,
PHASE 1 & PHASE 2 PLANT MATERIALS LIST
Quantity Scientific Name Common Name Size
15
Quercus shumardi
Shumard Oak
5"
cal., 14' ht., 6' sprd., first branching at 6'-0", matching
25
Acer rubrum
October Glory
Red Maple
5"
cal., 14' ht., 8' sprd., first branch at 5'-0",
matching.
g
Pistacia chinensis
Chinese Pistache
6"
cal. ht., 14' sprd., 6'-0' to first branch,
container grown, matching
7
Quercus
anaLive
viraIlex
Southern
Oak
.>
5
>
cal., 12 ht., 6 sprd., first branching at 5'-0",
matching
60
vomitoria
Pride of Houston
Yau on Holly
6-7'
ht., 3-4' sprd., 1-3 trunks, full foliage to
ground, matching
29
Ilex x 'Savannah'
Savannah Holly
3"
cal.12'—O" ht., 4-5' sprd., single trunk, first
branch at 5'-0", matching
3
Cercis Texensis
White R Idbud
ar
6-7'
ht., 4' sprd., 1 1 /4" cal., first branch at
42" above ground.
359
ex cornuta
Carissa Holly
5
gal., 20-24" ht. & sprd., 30" o.c.
Carissa
49
Rosa X
Valentine Rose
2
gal., 42" O.C.
`
298
Spirea x bumalda
�`ntheoany Waterii
5
gal., 18 ht. & sprd., 30" o.c.
128
llex cornuta
Dwf. Burford
5
gal., 20-24" ht. & sprd., 30" o.c.
bufordii nana
Holly
4
Pennisetum
Little Bunny
Fountain Grass
5
gal., full can
8878
Liriope muscari
Big Blue Liriope
4"
pot , full pot, 12" o.c.
2005
Annual Flowers
4"
pots, variety depends on season, pots only,
provided by owner
49
Hedera Helix /Thorndale English Ivy—
5
gal., espalier to wall.
49
IParthenosis tricuspidata Beverly Brooks Boston Iv — 5 al., espalier to wall.
❑ °
ISSUED;
LANDSCAPE NOTES:
2-20-98
1. Quantities on the plant materials list are for the City of Southlake's use.
Landscape COntractors are responsible for their own quantity takeoffs. °
2. All plant materials will be selected by the Owner and/or landscape Arch. REVISIONS:
3. All plants to be nursery grown. All Pride of Houston Youpon,
Savannah Holly, and Chinese Pistache are to be container grown.
4. Slope all, beds up 10% from bed perimeter to center of bed.
Be sure not to block the flow of drainage away from buildings
or general drainage across the site.
5. All trees are to be triple staked at time of planting except Red Oaks
and Chinese Pistache. Contractor will be required to stake if needed.
6. Repair all areas disturbed on this site or adjacent sites
by grading the site smooth, removing all debris and hydromulching
with Common Bermuda or Annual Rye, depending on the season.
7. Refere to Civil Engineer's plans for grading, drainage and utility easements.
8. Solid Sod is Common Bermuda
U
7mm%m
0 20 40 60
(l Expires Feb. 1990 111
�- -- -- —❑
MICHAEL ZERBACH
ATES INC.
LANDSCAPE IARCH&ECTS
1131 Cougar Road
Upon. Texas 76452
Telephone 817-509-B&M
Fox 817-596-7400
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JOB NO, 7827
TITLE
Landscape
Planting
Plan
❑ -- ❑
SHEET
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FE'0 FE13 2 61998
xiQ DIAMOND CRCLE ESTATES U 3
OLl1K .T. PAGE n)
CAck' 3 W. HALL SURVEY P.R.T.C.T. FO90RO1fAH O W O
W. MALL SURVEY APPROXIMATE � , ; O .ABSTRACT NO. 68T __ O
ABSTRACT MD. 6- 07 .. SURVEY lfE .� 0 LOT I. BLOCK 2
•C CL] 1' O.W. KNIGHT SURVEY LOT I, BLOCK 1 (� ,
J.M. 31T'VENSON 91ANEY O ABSTRACT NO
899 LOT 12. BLOCK 2 CAB. • .R A!, SLOE 3999
ABSTRACT NO. 2040 I I P.R.T.C.T. O
LOT 2 LOT }. 8L0« J .1 I O 0-
S 0 UTHLA7E�?-;BL VD. (F.M. 1709
3 STEJ.N. STEVENSOM SURVEYp_-ApPROXMATE ABSTRACT NO. 2040.BSTancrNDAPPROYATEN(VARIABLE WIDTH RIGHT-OF-r SURVEY LINEO.W. KNOB SRVEY
.. -- .. -- SRVEY LINE - ABSTRACT NO. 899
O.W. MONT SURVEY G � 20' ILL. Gttld)
�., owl. •.4t>4M PLACE OF
ABSTRACT NO. 899 > 2 _ .< ).
BEGINNING
45_ N 89.45'29•E 113. 55' S 87.30' 6•E 1N6.30 .1"
N B9'45'29'E 151,69 •+ w.A tI'1
SD' SETBA« :� I
50' ETBA« ,
I I
TERRA TANiBRON. L. III
O I I IIIF OLIAE 126� 1�2«7LAN CORD
i) I IN 0.0..T.C.T. ulppN 5
`�I I I^ .X• c.e.cr�.)CT
su
LOT 4. BLO« 60 I 'a
S G [T, I Y L7 F nMARROM PHASES I O
4 s V ~ I �i a `X'j!( CABINET A, PACE 3675 PROJECT Y
3NF 3 P.R.T.C.T. I 8Is 5 I LOCATION
TMPON LAM CORP I �01VOLUE 12291.PAGE 1038 "At..O...
O.R.T.C.T. WTa •'75
3 8 I I • HITAR) rsMr. I i
> I S2
Cr
APPROVED PRELIMINARY PLAT = I • AS 89'49'71'E
LOT 1. BLOCK 61 I 0 39.fi9'
TMARRON ADDITION `V N 00' I0'09'E I R X
PPHASEO 5 I I ('Y I 12.0
VEMU9 IDREWS
5 09'49'51'E •JWK-I$ y[L� 12
v 112.00, 8 `� D.R
usm 4 LOT
--�8~ .-H m I �8. n•.lRII LO
2 BL
» sl•� _ yI l0 3.92
�I =1
I 43• I 55• 1 C2y ..P,' S B
I I I I �I ^p8 34
a" OF Soun4AIE 'A$
YOLIJNE .R.T PAGE 1050 ' I I CS
D2291. T. II G6 S 89'49'SI'E
COMMON ACCESS a
APPROVED FINAL PLAT EASEAEUNT ,..
CITY OF SoUnLME MUNICIPAL
CC4flE%
s D•3 LOT 2
0 = 12'S4'O•I• I "U" 57.69.3 -W
R = 1045,01 W 7559't
L - 417.69 / I U 35.01 2'M
C 1 T - 211 .67 WESTERRA TIYARRCN. L.P.
CH = N I1.36'29'E I •VRAftt C.T. IFOPAERLY TMAAR- LAW C0NP.1
/ usETv .T RARE Don VOLUW 12612. PAGE 1631
LC = 414.91 I D. R.T.C.T.
/ LOT 2R, BLOCK 60
q/ I 2. 687 ACRES
CS 1117,030 SO. FT. 1
__
.....
LA• Het. T--------�
CITY 1 F 91 PAGE t
vOIUE .R.T: PAGE O79 / / �•\\
D.R. T.C.T. H� / I \ LOT 1. BLOCK 60
TNARRON AOOTION PHASE S
_ .b• // \\\\ CABPETR T CDE 7674
/-
0 9�+J t._ \\ / / VOLSCHOOL DISTRICTCARROLL REM \\
\ Ri�yT ppl� - �\ ^, u u . UME 2R.T PAGE 2250
D.R.T.C.T.
OF
wqr�
/ =�E
URVE TABLE
NO. RATA ARC TANGENT CHHORD BEARING
1044'04• 41 T.69 211.67 414.91 S 11.36'2
b 2 1047.09' 218.00 109. A0 217.61 N O6'08'OI
} 1046'S3' 199.69 IOO.IS 199.38 N 17.35'O1 44'SI• 43.68 23.41 42.20 N 75'li'2S3'S 1' 43.66 23. 44 42.20 N 51'1I'61042'20' 79.74 39.69 79.72 N II'GO'
I 1 Si:
I I s I
I PARTNERS V. L.P.
7.T. PAGE 144Z I I GI
T.C.T.
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5
954
LOT 2A BLOCK 1
3
I ITION
^I
VOLIOLAEG gg�7a*PAGE 30
T 3R
I P.a.r.c.r.
60
ACRES
JOE HEAL BAKER
SO. FT.1 I
I VOLUTE 6760. PAGE 264
D.R.T.C.T.
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(N.T.S.)
NOTES,
I. ALL OF THE PROPERTY CORNERS ARE MARKED WITH
IRON RODS, UNLESS OTHERWISE NOTED.
NE
2 OF BY ON NELSON PARKWAY. AS PER BASIS OF 13EARING IS THE EAST RECORDED(PLAT
3. SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION
BY METES AND BOUNDS IS A VIOLATION OF STATE LAW
AND CITY ORDINANCE AM IS SUBJECT TO FINES AND
WIT144OLDING OF UTILITIES AND BULDING PERMITS.
4. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO
REOUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY
LOT CONTA2•ED WITHIN THIS ADDITION. THE MINIMUM
ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT
INFORMATION AVAILABLE AT THE TINE THE PLAT
WAS FILED AND MAY BE SUBXCT TO CHANGE.
5. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN
51GHT TRIANGLES IN ACCORDANCE WITH THE CITY
SUBDIVISION ORDINANCE.
I
I I I
A4�Am faMR.-� r-'"s • ur�rr EHrt.
<..�.T.<.TD4,. I �•,,X,T,mMT.
v<uaE saro� .G am
I I I
OWNERS CERTIFICATE -
THE STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS. WESTERRA TIMMRCN. L.P. (FORMERLY TIMARRON LAND
CORPORATION), AND VENUS IDRENSI PARTNERS V. L.P., ACTING BY AND THROUGH
THE UNOERS IGNED. THEIR DULY AU OtIZED AGENTS. ARE THE SOLE OWNERS OF A
6.611 ACRE TRACT IT LAND SI HATED IN THE O.W. KNIGHT SURVEY. ABSTRACT
NP. 899. TJIRRANT COUNTY. TEXAS. BEING A PORTION OF THAT CERTAIN TRACT
OF LAND DESCRIBED IN DEED TO WESTERRA TIMMRON, L.P., RECORDED IN
VOL'E 12612 PAC£ 1631, O.A.T.C.T. AND ALL OF A 1.500 ACRE TRACT OF
LAND OESCR HIED IN GEED TO VENUS IDREKI PARTNERS V, L.P.. RECORDED IN
VOLUME L12705. P AGEDESCRIBED14 AS D.R.T. SST. SAID 6.6ll ACRE TRACT BEING MORE
PARTI
ARLY
BEING 6.611 ACRES O• LAW LOCATED IN THE O.W. KNIGHT SURVEY. ABSTRACT
No. 899. TARRANT COUNTY. TEXAS, AID BEING ALL THAT CERTAIN TRACT OF
LAND DESCRIBED AS LOT 2 AND LOT }, BLOC( 60, TIMARROK ADDITION PHASE 5.
AH 0 THE(TICH TO THE PPLAT RECORDEDTY OF X CA81MMEET*. SLIDDEE 3675 OFF THANT COUNTY.E PLAY RECOPDSING
OF
TARRANT COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY W:TES
AND BOUNDS AS FaLOWS -
BEGINNING AT A 518-INCH IRON ROD FOUND AT THE INTERSECTION O THE EAST
LINE CF SAID WESTERRA TIMARRON. L.P.. TRACT AND THE SOUTN RIGHT -OF -RAY
LINE CF SCATHLANC BOULEVARD (VARIABLE WIDTH RIOIT-OF-vAY). SAID POINT
BEING THE NCRTHYEST CORNER O LOT 2A, BLOCK I OF DILG PLACE ADDITI ON,
AN ADDITION To THE CITY OF sCUTILAKE. TARRANT COM . TEXAS AS SHOWN BY
THE PLAT RECORDED IN VOLUME 388-174, PAGE 30, O THE PLAT RECORDS OF
TARRANT COUNTY. TEXAS, SAID LOT 2A BEING THAT CERTAIN TRACT OF LAD
DESCRIBED
IN
NPDEED T OF TARRANT HEAL BAKER. RECORDED, IN VOLUME 6760, PAGE 264
OF
THENCE S 01.01'221W. 794.74 FEET ALONG THE COMM LINE CF SAID BAKER
TRACT AND SAID WESTERRA Ti MARRON. L.P. TRACT TO A 5/B-INCH IRON ROOF
FOUND AT THE NORTDEAST CORER CF LOT 1, BLO« GO, TIMMR014 ADDITION.
PHASE 5. AS SHOW( BY THE PLAT ECOROEO IN CABINET 'A•, SLIDE 3674 Ci
THE PLAT RECORDS OF TMflANT COUNTY. TEXAS. SAID TRACT O LAND DE4VOLUME
IN GEED TO CIMpROLI INDEPENDENT SCHOOL DI47R ICT, AIO RECORDED IN VOLUME
12939,
PAGE 2250 CF THE DEED RECORDS CF TARRANT CW11TY, TEXAS.
THENCE S 89.45'29'W. 477.% FEET ALONG THE COIWOH SOUTH LIE OF SAID
B.611 ACHE TRACT AND THE NORTH LIE OF SAID LOT 1, BLOCK 60. CARROLL
INDEPENDENT SCHOOL DISTII ICT TRACT, TO A 5/8-IN04 IRON ROD FOUND. SAID
POINT LYING IN THE EAST RIGHT-OF-WAY LIE OF BYRON NELSON PARKWAY IA 90
FOOT WIDE RIGHT-OF-WAYI
THENCE OVER AM ACROSS SAID WESTERRA TIMARRON. L.P. TRACT AND ALONG THE
EAST RIGHT-CF-WAY LINE OF SAID BYRON NELSON PARKWAY AS FOLLOWS -
NORTHEASTERLY 417.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 1045.01 FEET, A CENTRAL ANGLE O 22. 54' 04', A CHORD BEARING OF
N II'36'29'E. 414.91 TO A 15/8-INCH IRON ROD FOUND AT THE E10 OF
SAID CURVE'
N GO•10'09'E. 94.96 FEET TO A 5/0-IKR IRON ROD FOUND AT THE
SOUTHWEST CORNER OF LOT 4. BLOCK $0. TIMARRCN ADDITICN, PHASE 5. AS
SHOWN BY THE PLAT PUT ECORDED IM CABINET 'A'. SLIDE 3675. OF THE
PLAT RECORDS O TARRANT COUNTY. TEXAS.
THENCE ALONG THE COMMON LINE O• SAID LOT 4 AND LOT S. BLOC( GO,
TIMARRON ADDITION, PHASE 5 AS FOLLOWS-
5 89'49'51'E. 39.69 FEET TO A 112-INCH IRON ROO SET FOR A CORNER:
N 00'10'09•E. 12.01 FEET TO A 1/2-INCH IRON ROO SET FOR A CORNER,
S 89.49'51'E. 112. DO FEET TO A 5/8-INCH (RCN ROD FOUND AT THE
SCTHEEST CORNER O SAID LOT 4.
N 00'10'09'E. 289.10 FEET TO A 5/8-INCH IRON ROD FOUND AT THE
RIGHT-OFO SAID SOUTHLNER OF SAID LOT AKE BOR.EVAROSAID POINT LYIIKO IN THE SOUTH
THENCE ALONG THE SOUTH RIGHT-OF-WAY LIE OF SAID SCUTHLAKE BOULEVARD
AND THE NORTH LINE OF SAID LOT3. AS FOLLOWS•
N 89'45'29'E. 119.55 FEET TO A TEXAS DEPARTMENT Of TRANSPORTATION
CONCRETE MONUMENT WITH BRASS DISK FOUND,
S 87'30'36•E. 136.36 FEET TO THE PLACE OF BEGINNING CONTAINING
6.611 ACRES 1287.984 SOJME FEET.1 O LAND.
NCW, THEREFORE. KNOW ALL EN BY THESE PRESENTS,
THAT, WESTERRA TIMMRON L.P. IFORMERLY TIAMR« LAW CORPORATION],
AND VENUS (DREWS) PARTNERS V. L.P.. BY AND THROUGH THE UNDERSIGNED.
THEIR DULY AUTHORIZEO AGENTS. DO HEREBY ADOPT TH15 PLAT DESIGNATING THE
HEREINABOVE DESCRIBED PROPERTY AS LOTS 2R AND 3A, BLOCK 60, TIMARRCN
ADDITION, PHASE S. AN ADDITION TO THE CITY O SOUTR.AXE. TARRANT
COUNTY. TEXAS. AND DO HERESY DEDICATE TO THE PUBLIC'S USE THE RIGHTS -OF -
MAY AND EASEIENTS SHOW THEREON AND DO FURTHER CERTIFY THAT THIS PLAT
DOES NOT INCREASE THE NUMBER O LOTS OR ALTER OR REMOVE EXISTING DEED
RESTRICTIONS OR COVENANTS, IF ANY, ON THIS PROPERTY.
WITNESS MY HAND AT SOUTHLAKE. TARRANT COUNTY. TEXAS THIS THE ... DAY OF
------------ 1998
WESTERRA TI MARROW L.P.
A OELAWARE LIMITED PARTNERSHIP
BY, WESTERRA MANAGEMENT COMPANY, L.L.C.
AUTHORIZED REPRESENTATIVE
R.L. CROTEAU
(AUTHORIZED AGENT)
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME. THE UNDERSIGNED AUTHORITY, OM THIS DAY PERSONALLY
APPEARED R.L. CROTEAU, AUTHORIZED AGENT FOR WESTERRI SUBSCRMANAGEIBED
COMPANY, L.I.C., KNOWN TO ME TO BE THE PERSON MNOSE NAME IS SUBSCRIBED
TO THE ABOVE AND FOREGOING INSTRUMENT, AND A«NOWLEDGED TO ME THAT HE
THEOLCAP ACIITYS THEREINAAE STATED.STATED. -0 E PVRPOSES ANDASVNSTHEEERAACTCNMEXPRESSED
OF SAID
CORPCRAT I ON.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE ____ DAY OF
__-----------
___. 1998.
NOTARY PUBLIC OF THE STATE O TEXAS
NOTARY NOTARY ION EXP IRESH___ATE
VIEWS (OREWSI PARTNERS V, L.P.
A TEXAS LIMI TEO PARTNERSHIP
BY, ELIOT HOUSE PROPERTIES, IMC.
GENERAL PARTNER
C. DAVID ZOBA
NPRESIDENT)
STATE OF TEXAS
COUNTY OF TARRANT
BEFDIRE ME. TNE UNDERSIGNED AUTHORITY. ON THIS DAY PERSONALLY
IES. INC - KING
BETO ME To
THE PERSONIDWHOS,E NAME ZODA. OF ISTSUHSC
CRI BED OTTHE ABOVE AND"FOREGOING
INS TAUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAVE FOR THE
PURPOSES AND CCN3IDQRATIOM EXPRESSED AND IN THE CAPACITY THEREIN
STATED, AND AS THE ACT AND DEED O SAID CORPORATION.
GIVEN UNDER MY HAND AND SEAL O OFFICE ON THIS THE ____ DAY OF
__________________• 1998.
------ ------
NOTARY NOTARY PUBLIC OF THE STATE OF TE%AS
COW SS ION E(P I ES•_____
LIEN HOLDER'S RATIFICATION,
STATE OF --------------- -__--
COUNTY OF
WHEREAS, p■ REAL ESTATE INVESTMENT, INC.. ACTING SY AND THROUGH THE
UNDERSIGNED. THEIR DOLT AUTHORIZED AGENT, IS THE LIEN HOLDER 6 TIE
PRO'ERTY DESCRIBED HEREON. ODES HEREBY RATIFY ALL DED I CAT(CNS AND
PROVISIONS OF THIS PLAT AS SHHOWNI
PW REAL ESTATE INVESTMENT. INC. ILIEN MOLDER)
BY-___________________________
DATE-__________________________
STATE OF _------- _----- -_
COUNTY OF ----
BEFORE
ME, THE UNDERSIGNED AUTHORITY. ON THIS DAY PERSONALLY'
APPEARED OF PW REAL ESTATE INVESTYEtl7.
INC., KNOW1 TO �E TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
ABOVE AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED TO WE THAT HE EXECUTED
THE SAME FOR TE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE
CAPACITY THEREIN STATED. AND AS THE ACT AND DEED OF SAID CORPORATION.
GIVEN UNDER MY HAND AND SEAL O OFFICE ON THIS THE ---- DAY CF
998.
NOTARY PUBLIC IF THE
NOTARY STATE OF -----------------
COMMISSION EXPIRES ----
SURVEYOR'S CERTIFICATION,
THIS IS TO CERTIFY THAT I, JOIN P. WIER. A REGISTERED PROFESSICY4AL
LAND SURVEYOR OF THE STATE OF TEXAS. HAVING PLATTED THE ABOVE
SUBDIVISION FROM AN AL
SURVEY ON THE GROUND, AND THAT ALL LOT
AND PO
ON THE KED
S GROUND
RNAND THAT GLE TTII PLAT IHCORRTS ECTLYR REPRESENTS THAVE SHALL BE TPSURVEYYMMADE
BY ME OR UNDER MY OIRECTICN AND SUPERVISION,
JcHN P, WIER. R.P.L.S.
SEAL STATE O TEXAS No. 22%
SCALE
O 60 120 ISO 240
SCALE, 1' = 60'
PLAT REVISION
LOTS 2R & 3R, BLOCK 60
TIMARRON ADDITION
PHASE 5
AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS,
BEING 6.611 ACRES OF LAND LOCATED IN THE
O.W. KNIGHT SURVEY, ABSTRACT No. 899,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING A REVISION TO
LOT AREAS
9•■
46'W
4B'E
OWNER:
LOTS 2 N& 3, BLOCK 60, TIJ1fARRON ADDITION
IIESTERRA TIACARRON, L.P. SOUTHLAKE
AN ADDITION TO THE CITY OF
LOT 2R ..................... 2.68T ACRE
(9(7.030 SQUARE FEET)
7605 VIRCINIA PARKWAY CORDS
AS SHOWN B 3' THE PLAT RECORDED
LOT 3R . . . .................. 5.925 ACRE
(I TO, 954 SOUARE FEET) --
- _
OWNER:
MOKINNEY TEXAS 75070
IN CABINET "A". SLIDE 3675, P.R.T. .
TOTAL 2 LOTS ......... ..... 6.611 ACRE
(267.9B4 SOUARE FEETI
VENUS (DREWS) PARTNERS V. L.P.
(972) 529-5988
2626 HAVERFORD ROAD
COLUMBUS, OHIO, 43220
","w P��WY: 2 LOTS TOTAL
A WIEp &ASSOCIATES, INC.
APPROVED BY PLANN14G AND ZONING CONMSSION
APPROVED BY CITY COUNCIL
(972) 529-5988
CONTACT: ✓OHN DREWS
v
ENGINEERS SURVEYORS LAND PLANNERS ZA98-DOS
04TE
______________________________
DATE
(817) 251 -2258
N:00 BU1MT R:EE 9.WE ID NR11aDR ETUG 7R0 IE1M1 BI 1-noo
,E
}•E
------------------------------
MAYOR
NCB AMR CAW SLA SAE I'm RRT WOED( IM 1155 (LH"5-9NA
SCAM 60' DATE: PLATS-98
______________________________
2'E CHAIRMAN. PLANKING AM ZONING
------------------------------
H$E: PLAT(
- � SHEET
THISPLAT FILED IN CABINET -------• SLIDE _____ DATE:------__ OF 1 W.A. No. 97001
-----------------------
SECRETARY. PLAMIING AND ZONNO
CITY SECRETARY
rn C 3 0 1��
CC FLO J 1 �-:�
n
POINT OF
COMMENCING
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0 50 100 150
1
GRAPHIC SCALE IN FEET
SCALE. 1 " =50'
OWNER /DEVELOPER
DON W., JR. & MARY ELLEN MOILAN
1425 N. PEYTONVILLE
SOUTHLAKE, TEXAS 76092
.................. I ................................................................
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---------------- 78 -----
— — — — — — — — — — — — — — — — —
— "CART R & BURGESS" -----------------
562. 24'-------------=--------------------------------------------f
FIR
i
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... 5/.e,,... R................................ ....... ....... ................... .......................
.................... 855. 37'................ .............. ...................
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.
APPROVED BY THE: PLANN I NG & ZON I r G COW I SS I ON
Date -
Chairman=
P & Z Secretary:
THE STATE OF TEXAS &
&
COUNTY OF TARRANT &
KNOW ALL MEN BY THESE PRESENTS THAT DON W. MOILAN, JR. AND SPOUSE,
MARY ELLEN MOILAN, ARE THE OWNERS OF THE FOLLOWING DESCRIBED
PROPERTY TO WITS
BEING A TRACT OF LAND SITUATED IN THE T. M. HOOD SURVEY, ABSTRACT
NUMBER 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING THE
TRACT OF LAND DESCRIBED BY DEED TO DON W. MOILAN AND SPOUSE, MARY
ELLEN MOILAN AND RECORDED IN VOLUME 10075, PAGE 955, DEED RECORDS,
TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWSi
COMMENCING AT A l/2 INCH IRON ROD FOUND IN THE CENTER OF
PEYTONVILLE ROAD (COUNTY ROAD 3088), BEING THE COMMON SOUTHWEST
CORNER OF THE TRACT DESCRIBED TO RUBY L. HILL BY DEED RECORDED IN
VOLUME 6386, PAGE 973, DEED RECORDS, TARRANT COUNTY, TEXAS AND THE
NORTHWEST CORNER OF THE T. M. HOOD SURVEYP
THENCE S 00° 35' 01"W, 1367. 93 FEET, ALONG THE WEST LINE OF THE T. M. HOOD
SURVEY, TO A POINT IN THE CENTERLINE OF SAID PEYTONVILLE ROADS
THENCE S 89° 49' 39" E, 22. 10 FEET TO A 1 INCH IRON ROD FOUND, SAID POINT ALSO
BEING THE POINT OF BEGINNING, BEING IN THE SOUTHERLY LINE OF
COVENTRY MANOR, PHASE I, AS RECORDED IN CABINET A, SLIDE 2577. PLAT
RECORDS, TARRANT COUNTY, TEXASi
THENCE S 890 49' 39" E, 857. 20 FEET, ALONG THE SOUTHERLY LINE OF THE SAID
COVENTRY MANOR TO A 1/2 INCH IRON ROD, FOUNDi
THENCE S 01° 35' 08" W, 202. 77 FEET, ALONG THE WEST LINE OF THE SAID
COVENTRY MANOR TO A 5/8 INCH IRON ROD, FOUND AT THE NORTHEAST
CORNER OF A TRACT OF LAND DESCRIBED BY DEED TO JAMES E. AND WANDA S.
GLOVER, AND RECORDED IN VOLUME 11326, PAGE 2209, DEED RECORDS,
TARRANT COUNTY, TEXAS;
THENCE N 890 58' 37" W, 855. 37 FEET, ALONG THE NORTHERLY LINE OF THE
GLOVER TRACT AND THE NORTHERLY LINE OF BLOCK 1 OF THE BURGER
ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, AS RECORDED IN CABINET A, SLIDE 1 51 6, TO A 1/ 2 INCH IRON ROD,
FOUNDI
THENCE N 01 ° 03' 29" E, 204. 96 FEET, TO THE POINT OF BEGINNING AND
CONTAINING 174,526 SQUARE FEET OR 4.007 ACRES OF LAND MORE OR LESS, TO
BE KNOWN ASi.
Lots 11 & 12
T. M. Hood No. 706 Addition
An addition to the City of Southlake, Tarrant County, Texas and do hereby
dedicate to the public use forever, the easements and right-of-ways as
shown hereon.
Executed this the day of , A. D. 1998.
NOTE
1) ALL CORNERS ARE 5/8 INCH IRON RODS SET WITH PLASTIC CAPS
STAMPED "CARTER & BURGESS" UNLESS OTHERWISE NOTED
CERTIFICATION
I, JAMES F. KASSON, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY
AS DETERMINED BY AN ON THE GROUND SURVEY, MADE UNDER MY DIRECTION AND
SUPERVISION IN MARCH, 1997, AND THAT ALL CORNERS ARE AS SHOWN.
Ofi
JAMES F. KASSON Tc�
REGISTERED PROFESSIONAL LAND SURVEYOR -QF� ,�►. RFo. y
TEXAS REGISTRATION NO. 4500 `P
DATE JAMES F. KASSON
0 00=
v 4500
�Q•
O •--FSS�O. O
S U R`IF�
APPROVED BY TI-E' C I TY COUNC I L
Don W. Mo► Ian, Jr.
THIS PLAT FILED
IN CABINET-, SLIDE NO.
DATE
Date:
I.
A PLAT SHOWING
Mayor:
Mary Ellen Mo l l on
LOTS 11 AND 12
C
U
Secretary:
DHoodNo.
T.M.•
706
Addition
o Cit y y'
THE STATE OF TEXAS &
•
C, —
&
COUNTY OF TARRANT &
AN ADD I T I ON TO THE C I TY OF SOUTHLAKE, S I TUATED I N
THE T. M. HOOD SURVEY
BEFORE ME, the undersigned authority, a notary public In and for the
ABSTRACT
NO. 706, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS.
State of Texas, on this day personally appeared Don W. Mo► Ian, Jr. and
BEING THE TRACT OF
THE LAND CONVEYED TO DON W. MOILAN,
JR. AND MARY ELLEN MOILAN
L
Spouse, Mary Ellen Moilan, known to me to be the persons whose names
are subscribed to the foregoing Instrument and acknowledged to me that
AND RECORDED IN VOL 10075, PAGE
955
they executed the some for the purposes and consideration therein
expressed and in the capacity therein stated.
Given under my hand and seal of office this the day of 1998.
A. 007 ACRES
2 LOTS
b
o
Notary Public in the State of Texas
y
JANUA Y 21, 1998
_
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SHEET 1 OF 1
My Commission expires
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LOT 5. 1.03 AC.
28'-6" ___�
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24'-0"
PETSTOPES FUNDING CORP.
C- 3 ZONING ' .U.D. DESIGNATION = MIXED USE
51Y W. COr1M,fON ACCESS EASEMENT
354.00' N 89 43' 35' F
FENC E A1,l�
k G,eTF-
I
180'-0"
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1 STORY RETAIL FURNITURE STORE
TOTAL BULDIPJG AREA = 27,527 SO. FT.
LOT 1. BLOCK 2
2.2 70 ACRE-S
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ASPHALT PAVED DRIVE=WAY AND PARKING
3
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371.08' N 89 55' 08' W
LANDSCAPE: B{k=FER
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PETSMAPT, RETAIL STORE
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TEi-EStUPPORT INC.
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CONCEPT PLAN
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MIXED USE
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VILLAGE CENTER
PHIA SE 2
CAR A SLIDES 3095, 3096
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BU/G�N�"" / PROPERTY DA TA
AREA CF L-AND = 2.270 AC. = 98,8644
USA13LE LAND AREA = 53,8744
&JILDING F00TPRIN
INCLUDING ENTRANCE = 28,5274
INTERIOP EUILDING AREA = 26, 706V
PARKING PEOUIRE-D
P�-R 1:400 66.7_7 CARS
PARKINS SPACES INE)ICA TED 67 CARS
INTERIOR L A NDSCA PING AREA = 14, 826. ;'4
(��3y OF BUILDING AREA)
C-3 ZONING, LAND USE DL SIGMA TION
I.U.D. = MIXED USE_
SITE L OCA r-/GN
VILLAGE
CENTER, PHASE 2
SOUTH_AKE,
TEXAS
OWNER.
-HE- ROOMS TORE
4 05 FOUN
TA,'N PLACE
(�RMD
PF'AlPIE, TE.XA�>
PHONE
(817) 606 9096
— )
REC'D F E B 2 3 1998
CITY �ASE NO. ZA97-169
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DEC.
15, 199
RBVISBD
FE13
6. 1998
FE3.23,
1998
SHBET NUMBBR
OF
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