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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. 0 f �e G�1 ry\.� �/'ofeL� c...v ; I I �oGA- yac,tr'.S, •�cc.� �%oc.�(d a l S LL cou5e c�nytf�I%� a5C� e J Qr c� ur' yjooKl2-�- cknJ a) k ��LI to WQ Y ��a�C;-� He �s��-a�neu��.�.S�ya� o-V7 Lke�f%O�tS , or �,,y ,� ny a� 1(, �o✓lf kQ),, cafe . I the midst �� and �tuaa�n, He o nur htdwy aul- He 0 our calm "Urace thatall 4&'de /tl,q Vtgm & Mm Te �&,4 5'ncerFlY �aul2 Wti'k-r✓i "'Peace I leave with you, My peace I give unto you.... " JOHN 14,27 KJV r cc, \C`PSnf A Cock-i,o V-\� c t�1 I % Lf ,�, 9 ---3CQ ( i call rn y Photo By Au lnch Photography --� \- r\,a � I "") , 5 5 42-1 s � "Y(1Q� E597301 C• OSV ~ DAYSPRING cmo s"o— SPRWGS •P s. i ,.fEO . I 5. 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:..3 400 f Fro Me.•Ma �x9P �e fir � f M;�s Jo704h nes Frotw�l To: nos. Hypo Ne,/ ; Pi 9 Te�%o A ZmlyF18 r03 F arfiWirN,7X Al y�1-PYlD Fax J'v�y ar enj �. C)CCO eas of f�/.mil Aced p46 0111111111 Will dim an d crr awlgL e.� 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 00 N a � OD pp A 0 N 00 On 00,fi ¢ � x aa) yD 3 �' N z �U�a .� ❑ E u, La @) a cn E �U ct§ N cn to �waEEE ° .5o y oo'vo < C) 000 oWUoUooU 0 oo¢ov,LT. 0 U � c U IF9 a= Q�•'v U 2E �C�Io o4U UIn r o 0U u A M o ¢C� n. E aE g� g o � �U O _ U w'mo x 'o .. >, E U c > a C� 3"" E'e� E 0.9; `r'.c a°=oa-o 8>00 a�0aw o�wF-e a 00 �c z pp a N a EU 8 � O � ON ON n 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 A A o dz 0 :3 a gig 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 ,S"E-a 'PMg ladegj all4M 4)joN POAOWQIJ aq o) anIIG SUI)SIx3 /\ N_ T u _ N O T T c m } a ,c A .X LU e u ;0 x A u E" u 3 'X LLB = � o v T� u 0 u Uc o c $ o O O L? U r 00 �'q f•i p,� o u � i0 to V Ge C/] p C Li. u � o0 c V m u o u ai v °O u 0'00 c 3 3 w LL- .. .. o c 00 oo is g cis -= a6 c7 V . c 0 o RS LLB �.-. f V O M In O .6 •_ X SE-3 u 3 'e h r=7 1-0 � 3 �i r u o -E V I c o o 1... � v: v � L c V X � C O c v .-� cs Cr -D 3 a� o V O 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 1 : Bakal Blvd SH 183 e,iaaraa -1 �1 I � 01 Td Blvd ears arr.a W 1 Z f � lop, A t i i I I ius e r�7 u� j� Ott7t 1 30 to Ft ,ow= ; ; I H 30 td t � i � � aassr�ea�� ; � vr.Y rs►noruls�-�•-� L 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 ail .Q7J UPC � x. tM a' 1 NUOw wlj IN.x A , i n if r r I .� F+ 1� q0Z Q �.z ' i o : - aa, r r H 1 w a 4of - r r �Q d • �ao�oaaoy 'QAZB T�d1�H� 811Hld 11 5G-10 L� Z3=axv ENO 10' VTXLXVY RAS12UCXT 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 page I T �TOTAL P.02 'T y La d. I 1AL �_ __l ABSALOM H. CHIVER3 H. CHIVER3 i `�,,/ y,1A E:;:•. L oc �,�ifl�' 4'sr . IrER? poaaiur .H.. . • ` =r - � r 1-1 .Rw"- ION • B'y,��,�5 I ❑ 1 ' � SF:� �• .. �A11N0 . N • < `' a �,.1� I ' ,Mt( i • UU cc 14 i i � . 0 `-�j• A r..r.�n Y,.f 4 • ♦.w.. HALL It W.W. HALL �,i A...: .... � rr,^ •.,.--�--- RICH RD EAD3 • „ D� --Y • t i. THOYAs MAN ` • a _ A I CJ FSt�- E6 0 a G0 RC. 3 EA3 ER " B of _ •_� 4 :: ..4.:� i nann..csr oKwr ' sr . '': RAR MAY GO ,clp I: �I E MAN I { E, ?.. ' L CORE o J• EK -- — - --y- �, � • n~ ,.. rTl I r ' 0 Z 4 HOSeA TER P '< O®EDI H W. NIGHT JOHN A. IF AN Q • .. HRH is --� ,� I �!al Ir ME� 1R�'L t J.W. HALE? p �y, .l. �'•'''•-�' M GrR -K- u..F _ PARK- i ME>� I II4OU91R 1 • • I_ - C,$ c tO ALD ff 1w. A L411 351 •'< HOLLING34ARTH 1 u ' dE 3ARNETY V I �^ Hi RR130N DE KER U014 7P THO 30N i J JOH �N 3 1r__ B A ,ILL �i W.M. DA EN90RT CHEATHI & ASSOCIATES � _ � � N° AIN y / INC MIS CONSULTING ENGINEERS - SURVEYORS - PLANNERS PE BRA 1601 E. L\AtAR DI I'll. SUITE200 ARLINCTON, TEXAS 8111 I (t117) .`�414-U(i96 METRO•Lrg-t)ttafi City of Southlake Railroad Right of Way Annnw�**mein :PC Southlake Annexation Grapevine Annexation Public Via# - GIS City of Southlake Railroad Right of Way Annexation Grapevine City Umlb >C %uthUe Annexation n�.nr n ~CMM >K> x x <x> Grapevine Annexation Pubic 1Nbr- GO 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. H_LL [BRARYISowhjahe1MIA N NJU-I wpd 5-T'i Pace 1 FEB-27-1998 11:58 LAW FIRM 817 332 4740 P.04iO4 E� 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 5.s z PXse 2 TOTAL P.04 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 v 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 11/20/97 96 IMC 11 7B-12 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. 11/20/97 96 IMC 12 7g-13 "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. 11/20/97 96 IMC 78-14 "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. 96 IMC 14 7BA 5 11/20/97 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: 96 IMC 15 7e-16 11/20/97 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. 96 IMC 11/20/97 16 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. 96 IMC 17 7B-18 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. 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 97 ZPC 7C-2 11/20/97 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 97 IPC 7C-3 11/20/97 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. 97 IPC SECTION 10 7C-4 11/20/97 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: 97 ZPC 7C-5 ATTEST: CITY SECRETARY 11/20/97 A 97 IPC 7C-6 11/20/97 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: 97 IPC 11/20/97 7C-7 305.6.1 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 97 IPC X-8 11/20/97 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. 97 IPC 7C-9 11/20/97 "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: 97 IPC 7C-10 11/20/97 417.7 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 97 IPC 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 P] 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 Pz;: PI 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) 7E-9 Pale 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. H: LIBRAR''Souuhlai:ORONA�CDA`GER.ml.wpol0..1I.931 7E-10 ?zr 3 P] (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. H: LIBRARY' Southlake 1 1.93) 7E-11 P3_» 9 (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. H. L[BR--kRV Suu"atcs 02J[`.��C DA�GcR in?..r 110_•t t=)i� 7E-12 Pas::0 lk 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 7E-13 Pave .. (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 H: L(B2a_M"Sou[hlak:ORD1`A\CDANGER.,-h-.wp1k02.11.93) 7E-14 P] 9 P] 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 7E-15 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 7E-16 P16? ;i IC 9 (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; 7E-17 (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) 7E-18 Pa;r [5 lk (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) 7E-19 ?22a I 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 7E-20 1K 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 l 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" 7F-2 (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 ----- ---- ---- ---------- TRACT MAP 77- -7&,2 �k gave v 10- PET STORES FUNDING CORP. n/1 An 0��r PGA �ti�L /3. 'ROPETERKA L'-`� TEXAS COMMERCE '— J.934 ® 3.07 BANK "C-3" 27o I -- -- -- -- -- -- --- S UT CE—fib'. 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Uere ( 3Sn Qg)(IY =Qn 1 r C-,l • "Z • )Oodr" a UWA7 - d31M n .a J La3dOdd 1N3JN'6V dVMS W101 3fN741r1DS - 1Vld AdVP&V- fd ON NVId ld3-WJ 03AOoddV J 17G-� z O z ME 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 L:\COMDEV\VIP-FILES\REV\97\97169CP3.WPD .111r4 - f" m /le /re - Kw.w /AI /�11 i/A CYA 3l I .'J"K i ee/94 "NSA .m /YM '/IIM/Ar 1103 el/Y MI 3SW b 031N:V ICV' 11 gill IV 'ONI 'dA010 1/0ANS-110110/ 1Hi_- L 3 r s IL � � pp 31V ij M Y lEe)q a s� NKeLu I ❑ s 3 � Y � - ^ I 39'1®+a1 • NOi am I 71NVB 3� tl3rl rlo SYx3t I L—_ � 1 3AW a"Is3n� 9#PD AM .mo t 'x 1 eele ra sa+rl eereaA w� .,ie.., sore 11 r�� {t �— cs tu od ' ( � �j�{ � OMMd 01V Av113'�NO ?3�ve 11NMv — �''• � I LL � ( }qqq�� Y 1 try, �.L— •a+--- UC rcWN -$n U3x/1 • 7n1 , [.,`_` 7z - )cho&v" O'A'71MJ - M-WMII -.1 .01 -t la3efDiA1 1N3?VrQV 3WXn AA101 3MV7a1nOS IVId ANVNI173W UVV WI -I Id37AV) 03AOSjdV i I e „1 9 0 7&-9 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 7H—I -- -�--- w --- i WK _ i a - - re =-�TRACT MAP _ 7Ii-Z Im J CD Z i O C H 5 4 0 'A 2A 12 DIAMOND `I LTD YI ., II 2.A i 3A ! 2= O JO i STATE OF TEXAS 80UTHLAKE FOOD DR J.W. R ICHARDS WESTERRA TR 502 TIMARRON 1.695 AC 1 A?f+1 .56 AC "R—PUD" 1 no A „ n I l 3 AG ; 81 TR 5D23 I 2.78 9 CITY OF THLAKE 9 I ,0 tic-1 r L DIAMOND I LTD FOXBOROUGH I = r- --„C-21, OFFICE BLDG — 71r — — STATE OF TEXAS Ta.3�1 BLVD i.2o5-9 -- -- -- -- --- D 2.555 AC 1C2 tAZA3 5.109 AC �.C5 AC WESTERRA TIMARRONN / r a 7 �t 1A28 'OR—PUD 0 � I 1 C3 .7 133 1.71 9 TR 501 .99 0I �03 ® CAR,jROLL ISD ADJACENT OWNERS AND ZONING 4.97 9 i CARROLL ISD I� 3 1TR 3��= TR 5C 1 I •C53 23 iI 2.132 AC T JOE BAKER i 2A Its F-1Aof 4.723 AC JAMES BAKER TR 2_ 6.957 9 i i I 3' • �� SVNONA9'f3.L'3)IV'T}f.I;IOS -AA1LXdNOS"LIN'4 CLk R3XVIHInOS'DSS y Z a IIt Vii'I 3SVHd E d�l�! HONUVW►.L IN 9OV 11A 3H,L 11 tI V a F� �3 4!la� 53,v 38 C Q it Y _ � Z v rl H -Li a = mu�os S �1aii . yJ 'AMIdK06"mHOIAav,CW183vpnLu OC'JHS R7 f �1 !>>� t11y nP�yvW11 '093DO"M Slan SWM VC7 Q= I al dEs ,uty, NOWU uL iv at�V M ter. 41 o W C0' 9 Eq jr Sol all lot I I mir'o. I LH I'I fl lat.; n,Itr .Mr ------- ----- '] w 0 Z A j1 1j '< SVX3.L'3`IV'1H111OS 9 CC U jai '.IMAd NOS13N NOHA9'N'CLIMI3XV-[HLIOS'J'3 S s iE f del:t I3SVHd N0"VWI.L IV SOV'MA HHJ. mwl�, III NJ F IH-('�, -1 'A 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 1H- q ! 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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 A Trc TRACT MAP � C)p( � g I 0 z o L 5 a 10 I 'Z 3cz =' 2a 12 DIAMOND — : 1—i. LTD (DIAMOND I LTDI r— !i _ 2, 3�. ! ; 2.A FOXBOROUGH - ; -- 0-� - --- C_2 OFFICE BLDG - -- - - -r _ _ STATE OF TEXAS STATE OF TEXAS__ST�=' --- -----SOtiTHI-kKE BLVD -- -- -- -- -- --- i J.W. RICHARDS! WESTERRA TR 502 TIMARRON i .00 A(. i 1 � "R-PUD" i„0 1 -! rD CITY OF SOUTHLAKE ' I I ! 1 i )OD DR i 2 ' 5.1 �^r % s � , a I w• / i „R-PUD„ i 70 ;33 1+. TR 50 t 99 i C3 ® CARROLL ISD 1 iC3 1.71 C ADJACENT OWNERS AND ZONING 1.97 CARROLL ISD _ `j 2� 2.132 AC i JOE BAKER "SF-1 A" JAMES BAKER T:R 2_ ,,.957 9 S 3SVHd NOWC]CIV NOddWiil 24 u is 7 mz VF 11 '*Sox 31=d ; cc �r�((9r I! p i�l�a� r a s sCi ' !1 i 4:l1 1 I j4 lo Ip-I rE cIge �st! IR.R°! a.t '1rsl Mill B ppX9 �` I' '' �•{{1�• ��i � Dr ! t9 � .iil ..! R . . � ��1i` i ;d °t ' °i:� r a j 3 ' 41 i1 1 EF• -- ----� � � BE '�� i 'd lli 111 I faAu�3 RcD,4 R9R Dr Re ! Mipll .' I ee�rec l rt QA-y 1 I I I I °rc + aii I • � li��?I{e7 ta Lumd 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: .g• • . 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 Page 1 A i l r t i i e9t fq e b'be-e t 4!_ta r fie �;� is a! i3�fft t ! ;1�b e I ti sEl ti j i file p 0 mz gill iji i ;� R U � � qa► oYyF $�� z 0 rHr s ��A cite D o N it •jj I R 01 .4 Q , Pal i sill MR- z x wE�rF� R=rff H+�O -ZM- it N m Y lefe�eJ! � i}I N � s:�eoy y�ygsq22 t gYfc X S `t N O h V era}9 ° Pli os;� h ``2 u Q .}:s = iEg iY O o as �pe i I'E 4 q j 1 11 } �ia a giYs� ! ! Z1b1 Pon i1! `;'! f !! '• 1 t it9E a I E: a ; i Z sL'« !_ ' !R G r t t 1 fir-! ! % oz^ !ti 1 ! ! 1 !` ! r)1,151 a lee ii e : ! 1 I H fit i t 3} t Cd Irr ,pa y 1 ieR+' iRR f.1 t! a �I gg a1 i del �.a i elti � I.i aeii� a � ! ° +� t tall! fit iitt: a333jj to t atai:it! fat °t ! Ieg a N # s Iaaiee is q six Z� ei a P - 1 u Ea rj vfl is • Ef i Iiat�iai s' i�: Ike s�R` R t° ;P if alt l 511, I'll -- .T N0 S 7 3 N N0 YA 9 9>ix zi i ta :a A + 321a 4.44 `sii a !r •s8zi' /� -lneac tt: i St7:! t - EE:r 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 SB-q Jj t i 31 Z r 0 I , 2 O ' 21 p 22 1 23 R2 RI I - TR 1 - ,b 24 1.0 O HOOD - 30 = a 'O CEYE'P Y 29 CO�NTRy � _ 29 0'� . 1oi I IQ a 'a 28 _r M. � ; I _ - "R-PUD ".3 E,MESSI NG R7 r R8 SOUTHLAKE— F '• 1 1 COVENTRY t ,. z 19 $. GOJER27 f �� • 28 � � _T. ORFIELD 1� L. BOLTON I t 8 coU z 25 a M. 22 - �? + SOUTHLAKE—o. M x �p SCHMIDT q 17 COVENTRY IR co g 2 SOUTHLAKE— ' rj QKs 'Qy< COVENTRY�S s 27' �y 26 - 21 �2QQY "SF-1 A" T. MURPHY D. HILL w , '_DUNGAN— SANDERS F. 16 TRONCONE 28 2 10 9 m u G 1 T LONDON 8 3 1 TR.3D 4.0 AC GREEN INC. 1A I . 4 t5 • R. BORKOWSKI - "R—PUD t ,w _ r AIR D. SPICKLER 1A �� IA1R �Q 1.0 ® -c �j R R. BRADLEY v y �� - c, _ a AG �j -- AG = 26 r I Z 3r - ; j 1 W4 . � 3.85 %•C ' J. GLOVER ,EXETEP. �� ARP H DESIGN b A. JANES t AR `SSA i.8o CORP. 22 I TR.3 r r 3.66 Ac Ir7Ac ' t r L+ Q t5 aI 4 Z Wr 3 ` Z r - TR 3 3.66 AC w TR 3E 2.9 2 AC ADJACENT OWNERS AND ZONING D N D 3.7 8 O ^I 12 " I$ 21 2 s , , - = 20 853aG o� _ CoVEI S �9R2 �� 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 8 C'Z IZ, %.10 CL" IE5 PC 110*- ca TRACT MAP �1\-" I31 Z • 2 N r• m I 2 0 O 21 22 I 23 I a s R2 RI _ TR 1 ' 1.0 0 ,rs2o HOOD = 30 4 CE3&-=Y 29 COVENTRY LN � , I 29 rot j rQ 's 23 i. i _ o l _ "R—PUD"13 MESSING R7 Rg I � _ I SOUTHLAKE- H 2 ' d C' COV$ENTRY T. ORFIELD I z 19 GOJERcn a 7 pflr' J L. BOLTON 4 I co z 25 a M 22 - > t + SOUTHLAKE-� I e SCHMIDT q { 17 COVENTRY IR , 100 g 2 SOUTHLAKE- � No ,p lJ I r- COVENTR Y cS s 27 i 26 - 21 ,DUNS N ? 'd "SF-1 A" i T. MURPHY D. HILL ��SA! D ANS F 16 ' 2 10 TR CIO 23 9 ' m sr T, LONDON 8 3�C TR.30 4.0 AC GREEN IN 1.4 C. A E. � 1J � — y R. "R . PUD"2-7 we BORKOWSKI I AIR C iv 1.0 a �Q D. SPICKLER R. BRADLEY G- " - AG - d a v V �1Y H w G�� 1A y 'e I G7 ' TR 3'r, f� , �;• 1 A / ZI 3.25 AC J. GLOVER E:CETEP. � ! .' ' " A' P H DESIGN :p A. JANES AR SSA t.as CORP. I 22 I s.r TR.3 3.66 Ac TR 3 :• I 3.66 AC - - r_ V O 2 71 - 1 TR.33 TR 39 le 2 TR.361 TR 3E - 20 Q 1.47 Ac a 2.92 AC 3 t t 5 • cj g53aG ,an 4 e 13 0; `,'ok ADJACENT OWNERS g, r� AND ZONING WI Co r 2 � 0 R ' 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 �e-Co C�7 W"W/i • _az } uv ar .�amm .nw. ww tl n•.tan•.w. s+r.w.� rQANO LIHd HJ of .t { F t • t i a. r -2 . Al :� f- f SZFttr y s mot' t tat•Zvi fill 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 SC-Z a �' S5 ci- a _ a. I I ESZ PEES � — TRACT MAP 2 0 o n sa 21 22 23 R2 R1 I - TR 1 / - b 2 i 1 i ' 1.0 O 1 HOOD 30 l o I 'O CEMETERY i n r� 29 J � )O = p COVENTRY N % 1 _ 29 'a 23 1 =$� o � B _ "R-PUD".3 MESSING ° R7: r Rs SOUTHLAKE— F v _2 27 j COVENTRY T. ORFIELD I "` z t� GOJER % �"a p�'IA L. BOLTON 28 18 I co z 25 M. 22 - �? + SOUTHLAiCE IR eh �e SCHMIDT q 17 COVENTRY 1 co g 2 SOOT HLAKE— ' N 0 �y< V COVENTRY� �r s 27 26 21 "SF—1 A" T. MURPHY D. ?ate R Y HILL w -DUNCAN— ? 1 OSANDERS F. 16 210 9 , ; � � `s u TRONCONE 23 T. LONDON TR.3o.' 4. AC GREEN INC. R. 4 . At 15 BORKOWSKI 1 ' "R-PUD"'7 A1r7 C� 1.0 0 r �y D. SPICKLER R. BRADLEY G a „AG" - -afTR 3r AG " = 3.?5 rc J. GLOVER ,rXETE? A. "SF-1 A" ^� P H DESIGN JANES i A4 CORP. I " 22 O 5 1 / - - 4- 3 TR.3 1 3.66 Ac TR 3 3.66 AC t TR.33 TR 39 -C- I TR.381 TR 3c Q 1.47 Ac O 2.92 AC Cc. I '1 ADJACENT OWNERS w1 AND ZONING � 3.7 8 A� ,ago 2 85�8C :coVE_ 0 R r i 9R2 -1 14 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 Sae -Co wnln ��•IH4r .r r 7M'SH'JIYMr 7:iliV� i c F I iI .. .. .. ............... .. ._... ..3. 7 7r s• 3O J j S 9L ZS - 0 rp- WEIIES] I Op APT-, m �A- �,1 0 ;h _t f t if _ .......... W' FMMNMMI . 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. A 00 100 O O O N IT CD N O N O co O Ln CD0 O 0 O LO r to O U) CO to 04 ( to cD cD 04 V CO CO Ln Ln O 00 O r- co co 000 � It LO ti 0cCN 0� O co LA w Q ! fA 6Fi Gfi 6H EA �} fA d4 EA if! 0 00 O O O N v to N O N N O N O O O 000 0) LO ti v W) O U) M - N O 000 c0 co N co N M c0 CO Ov0 t ti Ln c0 0069. v O co N �-- CAD LO v C O (p • • v W) LA O r- e- (E O Q EF} Ef} 69 (f} EA EA d°? 69 fA 6H d4 k , 1 O d O O 00 0 0)ti V) rl- co �t � mod, ns O cfl LLB co c0 IT � c0 Lp CO c0 00�0 v LO v> 00 �_ CD i = C ... to I LO Ri sl0. "� 0- a N 0 00 U Ef3 4A. 69. 611.� to En �H w ;o CD O .o a 0 +.+ C LL � V � L I(' •_ C N N O O o .N CL — �' E .Q X N Q O N 0 :3 C -p _ > R5 O N LO 0 X co : d > m C O O d � O E O ip Q Q L 7 to O O N E N S -Op > d N X X O Z- C QN Q LO O c= Lf I O x fa .0 0) C cn O _ L C.)al 0l H O � 7 U 7 mj � m cc — f— O "a > < LL IZ I Q 9 E--z J x LO co W O m 0 tD n O�.O ' O A e to o Nrl� o �o �iM 10 I ICI !^rto � n iM to r N co ! �N N O N O tC) I Of D) m N COIMICO a N O iA ! N !O ^ Ir-I (D' w1N f`' .-_ n tD' CD: 0) n r- tD 00 O O!(O� N n i01 f`� tOjO tt7 t`-�'NIM N O � CD� Lr)', ..- ! clli I co e- t- R LC). 00 U) N LL :. O M M M MiM M M�M I Mi M!MiM M MI 60!69164 M; 44144 to Pp N c1 tC) 1 O n 0 (D o N o! to cn N• O_ N c0 IV to ! O t0 - t� P tC) M O) co I tD f` Of to to 7 I c M M .- co f` V) n �' t` M c0 I f` in CO N I` : Q (D dp ! 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M M M M M O O O^' N o 0 o cn 0 co N o to M 0 0 0 (D 1 .- 06 co O M ID 0) tC) 00000 Ln CD N M O n O R M N CD O O O to .- N N to 0 tD O O N M O I N 0 M! tD � 0 M O t0 O N M O h N N O to O M W) in O� M (G C R O M N (O %n t0 (D n N O CD W) O OD "" to O 00 ti to to N l CO O co M t0 n C) 0 N cntD U') CO v 0) .- to e- v N � d tD N N d( N C O LL CO " t0 M M M1M ! MI M M M!MIM� 1 e- M M a 0) to O O O f0 D) (D o I o o o (N wN o tC) N O N! Cn . a) 010,0 N tC) 1 M j Cl) x W R O 0 0 O 0 O r- O tD (3 D) M 0T O •- N (O ? cc M N O N co tp to U') N I O tC) ([') �- �! n O O O O O (D D) M O f� ' N M O N O) N D) n CO O n O O t0 (D C ( M (D O I a 0) 0 O (D N 1 7 1 T M Y ._ to n 0) CO M t0 I7 .- O r- M N R (O O N M (D M tD M '- n I C) v N O N to N O v vCO v tD ID t0 O t0 I .- M I O LL: O (n C M M l M M M M M M M M M M,Mi M;M V9. i MiM w O to t� v 0 0 0 in t'n W M o 0 0 � M o N N o O N c0 O co N Ic01 _ O!O'O �t Of N!W co co — CO N tL N to 0 v ccoo O to N N LO ttn O N CO cn r- -. OIN COO M CiI NON I > N t` t0 O '7 tD O O li ui O (O N t>) at M Oil M CO ! M I O! I'- O to O N tp CO I n O I M I co (O O (D (A O) (O O) O O O N v M co M co (N v N 0 0— - tD 1! to r M I N 0 ... M N M; INi (DI Ni } co LL v �I v y _ _ m MMMMMMM1 MI MMMMMI MMMMM MM Q O O O O N q N 0) \ o \ 0 \ o n co O � o an N O N o O NI O tO O 00 O O O�!ti Go � O' I^ O 000 O O tD (O Oi N I N 0 CO O 0 O 0 (A O tD n n (D I- tC) O O N 1- to O to Q) O N to 0) �' tD t0 to n N! M I M QI tD N 1 O :. (D n GO to (D (D to CO N V (D t0 N W) M IT O O Cl) a O N to to LO to O th :O M O t0 t0 (D M to n M I 00 CO tD O) (O (D cv v n to N CD CO N to CO (D .- W N rClJ_. cn 04 LL _ Lq _ M M M M M M M M M M M M M M M M M 61, 1 M M 0 Cj C 7 q T; m o `m 7 O o, U, U' U O O O U, cl �U � m o m L 0 m C m o a 0 Ln to ° II o o ) > t > utooI E EOU OL U U i > m D a 0 C OO N Cc tD m to to O1 Om OO Om Um U0m>O Li N x U U _ mU7 E m�VC> In In p 07 O t U 7=m O O m> > a) 0'a m> > m m E1 -0 a (a > OO p 16 m 0 'O m ? ;o!> mOm>m �O C mC 9 m ?I c m :, •m? t � to O O to -0 t m (Do > V1 E > > 0; ml > 7 > -61 c ` L m m Q w 4) cm En 3 E v Em n, d m e a E 0) CL ca 'a m ca rnU ca i ax • rn rn h;ax a rn Na w 0 a) 0 6 6 0 0 O mE.3m2 IM; TIE 'a maoIOpU > > 2 E ° ° D 0 aa CL azQ w> zzaz zaz z0o¢z¢aaa - aza w>> Q�a 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 Ptopmd (Sty' Chsc Amy is dw M;& 2. IM CRY ad south c City mate Ece — FEB-27-199e 11:12 LAW FIRM 917 332 4740 P.OEi12 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 PmP°cd m9 metre Amedmeft for dw MV Z. IM COY d Sar J*$ Cln ChUW i WMM FE3-27-1998 11:12 LAW FIRM 217 332 4740 P.09/12 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 Ropoatl Chy OWW Aa aftcM for the MW Z 19" Gtf CfSOUMlko COY Chum VbXd= 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 WWmwd Cay Cbmw Ammd=m fa Ole Mq Z. IM CO Of Soa&WO COY CbMW 17ecfiae 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 PtoPa�od CkY mad A..&. b far dw MV 2. IM CkY oC &a U4- C� ClI�tQ dxtiao - 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 a,xx A nil 3&U Hrapo Waw for the MrI Z, 1"A, cuy of 3VA"ke C=1W FlW= 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 P Y P 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 () Y P g 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. -14- 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 ( ) P Y Y 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; O P g Y (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 O Y Y g 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 U.nl JJY,Na ZIAVU'. UUJUPtAt^ IWIi1UU■ hvuu/rt aif � ? a • f F Q�f ;ip gQQg1 : �a• ■ faar�p� y, 7�C e g ¢ tE' ¢ iF .1��pQ s j �lf•QQ Y `• f.tf� i� ~� �� d ilf ° 4 +1 ;lisp �:Qee � S ��■�i 1 ��R:FZZ'S i �� i k:E q F S GA1iz a .44 r fgTQe ��•{�Bc ��[- fg I" 17:f• t :r .AA ixit r 4 :8f;�:ti a LC'.3rs _.^, ij: Gt S n 1?t c , 3i •' "�e 9°Gfe qx` �1s■■?ts��l1� tGs ��:a � 1 1 1 0 Q ewe Pye 1e a=¢ ■e eQ�`� ijllet �bs i�ar � t Q e 4 i r 11 Q 1p' °fi;Ei ig, e sT EQ7 t es? ■Si =j° F °■°� f1 ■ Q 6 r r ■ ■ •- t jj' 'n �•eEr. ■•[-4= q ttQ'� kp �'•�� Ali 7Q�• o1s��'.� EY Eb 16 Li Lk ...4 •.ppr°. z, �, i=1i •! 3 ;f 'q q ;�=� ;�� g's ;°:1.1 7•e3 es� p1� IQ• k• k• k• Y• °° i 1 Q•Gp lqp t �° '} ;'4ft `■i, �Fy� �;�Qgg 11 tit ;q ieEti �IIllusion 9BAB988BBBBBB, M BBBBBBBB9B oee eeeaeodeeoe OUS8000090600900 INDEED OAGEl10GAA BA9. N oec ao<r>ris, co ogH 4i a �� " •+� a t� ! �^ I iiJl i j fir, N ¢Qa t +fits f t V is 1 ? �� rFs1� •as i r sq�1 r r { f a� ■ .1i � Ti t 5 !( 1 Qy� 1 1 i m 0 . Yt � f eM1 /�..•- � � , ;� w : � � �� a J�nw— !t I if ' ``J•-� _.��..a Mi 1 ', ..t ��r � fir, � � If%=f,f • Q . t •t ��r t - �e -1-� _ ��r: - e'_ . r"#i'�^-� i Ln�c � 9?a._. : '' n E� , �� e Al c: . J I �` '� ��1• ' CC Jill 1 OA-16 O � FV• 7l Sisi5A3�:. .:;�?' 9 tft3�.► '.::,per T h - i r r � 3: ..c � �: _ . '�' - , $: w.,dJ� y•t.�R7"l''-r��itC q 1 Al'' i• ww�r -: i 1 . �j,�1 ` I -r t 3 ? ,• \ 3 U ,cam ♦ `- / .:� \1 - �� IL r ,44 Oj LP ` 11 � ' � r C• i r t , ♦� I \ t�� / � t � I 1 ' x1 I Ile bp y I — — •c 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 i l 9 —3 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 L.:ICITYDOCs\ORD\DRAFL-ZONrNG\480-CC3C WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 1 I10-y 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.- L.tCITYDOCS�ORD\DRAFTZONING\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 2 L 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A, 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 04J 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) I 3 -4 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. L.\CITYDOCS\ORD\DRAFnZONING\480-CC3C.WPD Draft No. 3 Dated: February 27, 1998 (4:14pm) Page 4 l 1 Ij - ri 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. L.,CITYDOCS\ORD\DRAFrZONING\480-CC3C.WPD Draft No. 3 Dated February 27, 1998 (4:14pm) Page 5 I 1 kj - 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 1 k R - `7 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 1i-B- << 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 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ,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 4 5 6 7 8 9 10 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 ��`3`I:�, CONTINUOUS LEFT-j TURNING LANE ; I I ; I ----------------- o 4 o w I w z ; W (\ N O J r- U 1- U ao W I 0000 o L_ , z o m ° 1 o> P 0 0_! J I I ; I I I I 1 i 1 ---------------- I I z o W p w w� 0w o_ O � J L� z w W Qo W M Ujw L,.1 U') Q� phi p J Z_o d 0 N EXISTING TRAFFIC LIGHT T DILG PLACE ADDITION LOT 2A BLOCK 1 Va. 388-174,PAGE 30 ZONED SF-1A L.U.D.-MEDIUA RESIDENTIAL D.R.D.C.T. JOE NEAL BAKER VOL. 6768,PAGE 264 ZONED SF-1A L.U.D.-MEDIUM RESIDENTIAL D.R.D.C.T. location ma 20' SANITARY SEWER EASEMENT p VOL. 9955. PAG. 303 SCALE N.T.S. D.R.T.C.T. EXISTING 8' MASONRY SCREEN - 24' ACCESS NOT BUILT EASEMENT IN PHASE I 10' UTILITY S 01° ESASEMENT 01'22" W 494.58' 10'-0" LANDSCAPE t0'-0" LANDSCAPE - TYPE 'F-1' REQUIRED - TYPE 'B' PROVIDED WALL ALONG PROPERTY LINE S 010 01'22" W 300.14' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - --———--------------———— ———— ———— —— ——— ————— ———— — ———— —— _ _ ' ® F.H ; I I 40' BUILDING SETBACK I ' E(STING — ----- -------------------- - ' A ROACH DRIVE j I I I F. I 1 I ' I 1 �I I NI Q I - J 1 I I ° O I CL I O i u� •� ' W W � U WO Uj i O ,o� PHASE III I w; r J � rn O.D.( YD.�LJ I' a w o3 � CO)O O Q GO ' U 1>- U p _j VENUS (DREWS) PARTNERS V,L.P. WS CZ -6 1 I 1 — 0 O N I W VOL. 12705,PAGE 1442 � L.� ; TIMARRON LAND CORP. U I J o m °0 ' W W � o US I ' p yY J Q LL. LOT 3R, BLOCK 60 REVISED PRELIMINARY PLAT �; N �1 I LOT 2, BLOCK 60 p I = > r �, N O z O U ac O O 3 N r I CAB. A, SLIDE 3674 I a J �I O 1 W N I TIMARRON ADDITION PHASE 5 170, 954 SQ. FT. OR 3,925 ACRES PHASE I i REVISED PRELIMINARY PLAT J; I z O Y ' O W I L.U.D. RETAIL COMMERCIAL C I TIMARRON ADDITION PHASE 5 117,045.72 SQ.FT. OF 2.687 ACRES O ' I 0 o N U_ D.R.T.C.T. ( D L.U.D. - RETAIL COMMERCIAL I I , 1 I I 11 O O 0 0-. O �J 24' FIRE LANE --------------- N-9Q°_IQ'A3' -E---2.]D'------------ 000ORATrrt UWr ran rvr. 12 Y IQ m r 7P 0_ �z PHASE � r -------------------1 .aa 10140 rn. t6 �A/A rarlew BLDG. 5 RETAL ISTORY MASONRY BLDG. 113' rAx HEXIHHT 35'-0" 4 TIMMMON LAND CORD � LOT 4,8LOCK 60 VOLLAX 9627 PAGE 917 PRELANARY PLAT ® nREVISED TIAARRON ADDITION PHASE 5 U 44,247.70 SO. FT- ill oR LOTS ACRES K o o . O L.U.D. - RETAL COMMERcka 3_0 BUILDING —S E-T 39.69' LANDSCAPED AREA S 890 49'51" _LANDSCAPED BUFFER TYPE 'A' - w a w ry l.� It N r777 102'-9" " 0 EXISTING APPROACH DRIVE E---24' FIRE LANE Q OMTW 1171R tic� IN rn, b1 raa rn. � I D�%%i 11 1. -1, 00 o BLDG. 4 RETAL —'�— 31-311 io I STORY MASONRY BLDG 6 YAx HEIGHT: 351-0' 0 OF H LANDSCAPED AREA I I , CO) ' I NV I , F H v ' 1 56.91 , 1 L---S 00 ° 13 I , I 8 1 CA 9 ^1 ^I �I ; I 0. 18' 3" A S o --- rn AJ a N o �r, d I 57 TE— SID WALK 30' BUILDING I SE TBgC o ^, , 1 site plan 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 I PHASE 1 & 2 SUMMARY CHART OF BUFFER YARDS , C2 `L - 18. O0 I 278.94' EW RIGHT- RIGHT 18„ S. APPROACH wHl7E \ \ ; DR/VE ! i R _ P k DRIVE TOP ' , BYRON NELSON BLVD. _ ACCESS OPOSEC �- S 89.39'42" E 300.01' — --- -- -------------------------------- --------------------------------------------- r ---- --- - R- 1045.01' I L - 417.69' 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 0 a Z Z ° o a C 4 `D W Z Q V Z 5 O O X [--� ��)r.W�y r � —V l r Q W � W O � � M�1 W x V W o a DRAWN JT CHECKED JOB NO. 7827 0 0 TITLE SITE PLAN 0 0 SHEET 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 O O 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 O O Z 0 0 �O w V Z Ice W W�~Q� ~ W W a � O V W p o DRAWN JT CHECKED JOB NO. 7827.3 0 0 TITLE ELEVATIONS BUILDING *4 0 0 SHEET DD�l O 0 126'-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 � O f2 O Z 0 � U � �.z1hQ� �xx W a � o C) v w O O DRAWN JT CHECKED JOB NO. 7827.3 O O TITLE ELEVATIONS BUILDING *5 O O SHEET DD-2 O O 0 O __6 0 1 FLOOR PLAN - BUILDING *4 1/8" - 1`0„ C 0 Q „8-,9 -,v 110-.tll „d-.9 1.U-. i 2 FLOOR PLAN - BUILDING *5 ;, . , ,0 �9gg 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 0 O ZUn Z O o O �oz"' w r w O Q wo � w W � � � o U W tr; 0 0 DRAWN JT CHECKED JOB NO. 78273 O 0 TITLE FLOOR PLAN BUILDING *4 & 5 0 0 SHEET DD-3 e o 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 Z 0 n� ty Q 3 Y 0 CL �,o z 0 U —� Z Z 00 X 06 Pn W 06 M 1 ` ! Q LJ >Q CJJ -� P _ 1 L LJ D H Y 0 J Li F=- � 0 Q 0 _ C4 n U W C6 ❑ ❑ DRAWN JT CHECKED JOB NO, 7827 TITLE Landscape Planting Plan ❑ -- ❑ SHEET LP 2 a111111110111NO o if Hgq!5tn u0n 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. 0CK 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. Imo• Untn ffR. 1MMa--� <,WCT� 4NcttT MT� I F' UNL •F3MT. fI i N ' , ifNIMANA<C • , I 9'43'51'E 247. 13 I '+ i I I 48 � .A.;q, . en-j I r ,q I •'� I_N I .s �o I I^ I^ ^i I I I I I I I I I I LOCATION MAY (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 Bui U SITE 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 ................................................................ V OQ V �O a 50 3.1 M p' o � M M O • ,: •"' i..................... ............................................................ ............ O ? t In •ice i.. '.. ... ............ POINT OF Q� BEGINNING i I - 22. 10' S 9°49' 39"E 1" FIR 12.90' 5/8" FIR W/ RED "SEMCO" CAP - - - - - - - - - - - - - - - - - - - - O S89 49 39 t - - - - - - - - - - - - - - - - - - - I -----— I i5/8" FIR "' W/ RED CAP - - - - - — — — — — — — — — — — — — -- — — :: :::•'.t: ' "' "' " — ------- 5/8" FIR i , 5/8" FIR W/ RED CAP 857. 20 W/ RiD CAP 5' UT I L. ESMT. 1/2" - FIR ............ " ^ •.:, i F : M� C Q1 Z - �- m v SET 5y 8" I R W/ PLIAST I C CAP STAMPED I I ... ... ._ r.: .. •''�: i•'.::: ...,:-.......... I 21 8. 53' CA & BURGESS R ER lrI • ................ 0 dWIRN89° IRIS) n 49' 39 W.. _ ............ . .. •. ' �: ~ NED — — — — — — " 20. OO' _ — — �0 LANDSCAPE ESMT 2O I I O =S00°35' 01"W I Ln c� I�! t.., z� oN89 220. 00' 99' 39"wo46. ,\`(jI 0 13'v) r+� a 3 p 0° 42' 00" W ^ I O � �\ o L O T 12 �I W I " w JW o CD I w cl (J \vo (2.942 ACRES) •. •^ :': m N OACRE) C,'� ( 128, 149 SO. FT. j� ............. . w w (1 in c P" I Q > m o ( 43, 560 SO. FT.) a_ I ^ M -I ° � � �I ^ C. N V1 w J C. _ M w = U z 7I v j� ti o U o 0 a u- �_ o I N. O lf) M I NI I N: Z o o � ID o I O o z 20' I 14.60' Q SET 5/�e" I I , z w/ PL STIC CAP STAMPED 5' UTIL ESMT. 5/8" 2 0. 4' ---------------- 78 ----- — — — — — — — — — — — — — — — — — — "CART R & BURGESS" ----------------- 562. 24'-------------=--------------------------------------------f FIR i ,i.2::....>.Ez ... 5/.e,,... R................................ ....... ....... ................... ....................... .................... 855. 37'................ .............. ................... ..i.3/4"............................................................................. FIR -• ........... N890 58' 37" W EIR W/ PLA511- CAS SIAMPEd "CARTER & BURGESS" 5/8" FIR .................................................................................................... W/ RED CAP'• • r 1'• .. r.' .� ..... .. .. � ,.... .. , . ''� •1� ..... 50' is .. . 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 _ pp h o_ SHEET 1 OF 1 My Commission expires li z N Z O LU Q 0 O co O Q� t1_ O Y \ S L� 00 m O co m Z m p w C Z LU W ,3}( w OG d Q in 6 y to V V i m0 s� u L i Qm I i cCe _ SC 0) — c c � C "-I cn Ln INNrnECN m i .c 0) d 0 co o o m � r\ c� N o 0 i° ZP- -!2 � �C I °t Lu�0,n �?F—=3M V (Dr\ Iq N C C UU U C206- cD SHEET OF SHEETS CODYrTaht 01997 by Carter & Burgess, Inc. C & B JOB NUMBER 981017-010 � I Lij W CO J — -J O N ,Kt II , II O 3� INTERIOP LANDSCAPING Q ry iCN z zI t- 3 N I w C) i Z - � - ►- I w -{ _ Z U i i w MARTIN SCHELLING, TR C-2 ZONING i-.U.D. DESIGNJOM = MIXED USE LOT 5. 1.03 AC. 28'-6" ___� � 3 O 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" N 4Q 1 STORY RETAIL FURNITURE STORE TOTAL BULDIPJG AREA = 27,527 SO. FT. LOT 1. BLOCK 2 2.2 70 ACRE-S I ITT— �-' fT— 15 ICARj I I I I I HIC I I H/C 3 0 0 I 0 GAPY A. AND JANICE L. 1MIRON C-2 ZONING LUD= MIXED USF- _ANESCAPE BLFFEF'. 5-0"W. TYPE "A I I' I H L! H{ 1 1 1 ASPHALT PAVED DRIVE=WAY AND PARKING 3 I 20 I CART I 371.08' N 89 55' 08' W LANDSCAPE: B{k=FER 20`0" W.. 'r-YPE "0" PETSMAPT, RETAIL STORE C--3 ZONING I� IC) 0 42'-0 I z , Uo i a Ie I v) Q. QCr I ? iZZ Q: w 1OD w N �} LLij LJ a: Q a 4. v • (�) L) o � C w i�3 4 w THE , i�) ' s 1— QJ I �/ LU 'i z x ,,>1 < ICO .,z, I TREE SOU THL AKE B L V D. (F. M. 1709 ) ( VgPPIBLE- RIGHT -OF -WA $l STA TE: OF TEXA.) TEi-EStUPPORT INC. 0-1 ZONING' - L. UD= MIXED USE_ CONCEPT PLAN SCALE= 1"= 30'--0" 0 , TEL SUPPCRT INC. C] CU C-2 ZCNIN(; L.U.D. DESIGNA TION MIXED USE L� BUf= FE-R ZONES 'NT ERI GR I-ANDSCAPIN 3 L 0 7 - 1 Et0C:K 2 VILLAGE CENTER PHIA SE 2 CAR A SLIDES 3095, 3096 D. T R.C. T. e N VILLAGE PHASE 2 WAL-PART SI Tt- — SOO VHLAKE a- VG. < o 0 O � 3 U vINcIrr MAP E� J J Y C6 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 ail u eq Y) Ir) z �' ~ A v.� d PLI O r h 00 Z E+ b a � al a C) E-y C1 v� X cr)~ o CL � Q LLl a ~ w LU o �� z o � � ' QD a�� Lu DA TB DEC. 15, 199 RBVISBD FE13 6. 1998 FE3.23, 1998 SHBET NUMBBR OF 1 SHBBT