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1998-04-07 CC Packet City of Southlake,Texas MEMORANDUM April 3, 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 April 7, 1998 1. Agenda Item No. 4A. Mayor's RepM. Note the memo from Director Campbell attached hereto. The Mayor will present a proclamation to the Building Inspections Division on Tuesday evening in recognition of International Building Safety Week. 2. Agenda Item No. 5A. Award of bid to Casco Industries. Inc., for cylinder refill system. As discussed in the memo from Director Campbell, this compressor system is used for refilling air bottles used in fire fighting. Council authorized the expenditure of $36,000 for the compressor system in the FY97-98 budget. The low bidder, Casco Industries, meets all the required specifications and is within the budgeted amount. Please contact Billy Campbell or Deputy Director Garland Wilson if you have questions regarding this item. 3. Agenda Item No. 5B. Authorize the Mayor to enter into a commercial developer agreement with Four Peaks Development, Inc. This developer agreement has been placed on the consent agenda because there are no variances from the standard agreement. Note that the Park Board is recommending that the developer pay fees ($6,976) in lieu of land dedication. City Engineer Ron Harper will be available to answer any questions you may have about this item. / Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 2 4. Agenda Item No. 5C. Award of bid to Reynolds Asphalt. Inc. for the construction of a deceleration lane at F.M. 1709 and North Peytonville Ave. As part of the developer agreement approved in May 1997, the developer of the TETCO service station agreed to dedicate right-of-way and participate in the cost of a deceleration lane along the north side of F.M. 1709 at the intersection of N. Peytonville. The proposed lane will be approximately 300 linear feet with an additional 100 feet of transition. The lane is designed to consist of asphalt pavement 12 feet wide with a standard curb and gutter. The total cost of the project is $76, 217.60 with the City's contribution being approximately $44,000. All necessary right-of-way has been acquired and the site has been replatted. Please contact Bob Whitehead if you have questions regarding this item. 5. Agenda Item No. 5D. Authorize the Mayor to enter into an agreement for mutual aid in coordination of disaster assistance between the City of Southlake and the City of Fort Worth. This item provides us with a method of strengthening our emergency management program. The primary benefit of this agreement is that it will provide an excellent means for obtaining needed equipment and personnel in the event of a disaster, without requiring our own personnel to spend time trying to locate the needed resources. Questions about this agreement may be directed to Director Campbell or Garland Wilson. 6. Agenda Item No 5E Authorize the Mayor to enter into a contract for services between City of Southlake and Texas Sister Cities International. On January 6, Council authorized the expenditure of $20,000 as an incentive to Texas Sister Cities International to locate their state-wide headquarters in Southlake. TxSCI has begun to epend funds in developing the organization, and they have requested that we release some of the funds approved by City Council. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 3 In order to clarify the responsibilities of both parties and to facilitate the transfer of funds, a contract for services will be executed. The City has this type of agreement with the other nonprofit organizations we sponsor or support, such as Keep Southlake Beautiful Metroport Meals on Wheels, GRACE, NE Tarrant Arts Council, NETS, etc. 7. Agenda Item No. 5G. Ordinance No. 702, lst reading. Abandoning a portion of right-of- way at South White Chanel Boulevard. As described in the memo from Ron Harper, this right-of-way is a result of a miscalculation in 1982. At that time, the surveyor apparently showed the required right-of-way as being measured from the edge of pavement, not the center of pavement. As a result, more right-of-way than required was dedicated. Note that the properties to the north and south have dedicated r.o.w. from the centerline, so this abandonment will "line up" the r.o.w. in this area. All of the franchise utilities have stated that they have no objection to this abandonment. There are no public utilities located within this portion of the right-of-way. Please contact Ron Harper if you have questions regarding this item. 8. Agenda Item No. 5H. Authorize the' Mayor to enter into an Administrative Services Contract with the Southlake Crime Control and Prevention District. Section 363 of the Local Government Code provides that a crime control and prevention district may contract with a municipality for administrative services. This agreement contains the following key provisions: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 4 • The agreement provides that the City of Southlake will provide administrative support to the District at no cost to the District. Section I delineates the administrative services which will be provided. • Section H provides that the District will transfer sales tax to the City to pay the costs of the School Resource Officers, as well as to cover the costs of the capital projects. The transfer of sales tax will be handled within the context of the operating budget which has been approved by the Council as well as the CCD Board of Directors. • The term of the agreement will be eighteen months, and will renew automatically for successive one year terms, unless either party gives 60 days written notice of intent to terminate. • Exhibit A clarifies the operating protocol between the staff, the CCD Board, the Planning and Zoning Commission and the City Council. The Board unanimously approved this agreement at their April 1 meeting. Please let Shana Yelverton know if you have any questions. FYI, the Board also discussed tracts for the district stations. We plan to provide a staff briefing to you regarding the proposed station sites during Executive Session on Tuesday. 9. Agenda Item No. 5I. Authorize the Mayor to execute a lease agreement with Southwestern Bell Wireless, Inc for the placement of an antenna on the Miron water tower. Southwestern Bell has requested to lease space on the proposed Miron Water Tower for the placement of an an Enna. This will include a ground unit on the tank site. The proposed contract is the City's standard lease agreement for antennas and equipment placed on City water tower sites. The agreement calls for Southwestern Bell to pay an annual rent of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 5 $11,040.00 for a term of 5 years which may be extended for four additional five year terms. The agreement has been reviewed by the City Attorney. Please contact Bob Whitehead if you have questions regarding this item. 10.Agenda Item No. 5J. Award of bid to Clemons Tractor CompaUy for the purchase of a 1998 42hp diesel replacement tractor for the Streets/Drainage Division. You will recall recently authorizing staff to seek bids for this item. Note in the memo from Bob Whitehead that the recommendation is to award the bid to Clemons Tractor Company, the low bidder, whose bid is within the amount budgeted for this item. 11. Agenda Item No. 5K. Award of bid to Atlas Utility Supply Company for the purchase of 400 Hydro-Storz Quick Connect Hydrant Systems and 50 Hydro-Storz Quick Connect Blind Caps. As with the tractor, you recently authorized us to seek bids for these items. The memo from Director Whitehead points out that the low bid was within the amount budgeted for this item. 12.Agenda Item No. 7A. Village Center East Circulation Study. The information in your packet is the same information previously forwarded. The Community Development staff has held numerous meetings with property owners and other interested parties and would appear to have general consensus regarding approval of the recommendations from the Planning and Zoning Commission. There are some homeowners who are less interested in a short term road alignment, but are supportive of a comprehensive plan to address the circulation in the area. Feel free to contact Chris Carpenter, Senior Comprehensive Planner, or Director Last should you have any questions. 13. Agenda Item No 7B Ordinance No 480-270 2nd reading ZA 97-157 Rezoning and Concept Plan for Hilltop Country Plaza. This item was approved on first reading by Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 6 Council (7-0) on January 6, 1998 with the understanding that the second reading would not be heard until we had made our decisions regarding the alignments of any roadways in Village Center East Circulation Study. The applicant has submitted two plans for this development (Concept Plan `A' without the street and Concept Plan `B' with the street along the east). The plan review contains two sets of requirements, one set specific to Plan `A' and one set specific to Plan `B'. The only significant technical issues remaining are with regard to driveways (spacing and stacking depth) and are addressed in the Concept Plan Review dated April 3, 1998. Feel free to contact Dennis Killough should you have any questions. 14. Agenda Item No. 7C. Ordinance No. 480-272. 2nd reading. ZA 98-014, Rezoning and Site Plan for Health Partners Medical Group Primary Care Center. This item was approved first reading by Council (7-0) on March 17, 1998. The applicant has submitted new plans correcting many of the "clean up" items. The majority of the items in the Site Plan Review dated April 3, 1998 are items for which the applicant will be requesting variances. One of the key items discussed at the last City Council meeting was the use of the STO/EIFS exterior finish material applied to stud walls and foam board. Councilmember Martin was concerned that the application of the material may not meet the strength and durability of standard stucco or the EIFS applied to concrete tilt wall (as done on Home Depot and Kroger Retail Center). Staff has been involved in meetings with industry representatives, Building Board of Appeals members, and builders in the city to evaluate the merits of the proposed EIFS system. In short, we feel comfortable that the system would equal the strength and durability specifications of the stucco process identified in the corridor study. We will be prepared to answer any questions you might have regarding this type of exterior facade at your meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 7 Feel free to contact Greg Last or Dennis Killough should you have any questions. You may also desire to contact Chief Building Official Paul Ward should you have questions concerning the specifications and analysis of the proposed EIFS exterior facade system. 15. Agenda Item No. 7D. Ordinance No. 701. 2nd reading. Abandoning a portion of right-of- way at Pine Court. You approved this ordinance on first reading at your last meeting. As a reminder, we are bringing this forward at the request of three residents whose property abuts Pine Court. They are requesting this abandonment because they all possess frontage on existing streets and have no need for this right-of-way. Pine Court has never been built as a public street. All of the franchise utilities have stated that they have no objections to this abandonment. There are no public utilities located in this right-of-way and a utility easement will not be required in this area, thus, staff recommends the right-of-way be abandoned. Please contact Ron Harper if you have questions regarding this item. 16.Agenda Item No. 7E. Resolution No. 98-24, ZA 98-015. Specific Use Permit for Outside Storage and Display of Plants and Garden Supplies. This request is being made by the Albertson's Grocery Store located at the southeast intersection of Southlake Boulevard and Davis Boulevard in the Southlake Marketplace development. They are requesting the SUP to allow them to display plants and garden supplies in front of their store entry. The Planning and Zoning Commission approved their request (6-0) on March 19, 1998 subject to the outside storage being restricted solely to plants and garden supplies. Due to the fact that there is no new construction proposed for this site, there are no separate plans attached and there is no Plan Review. The Staff Report contains exhibits of the previously approved concept plan and an exhibit showing the area of the proposed outside storage. Feel free to contact Karen Gandy or Dennis Killough should you have any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 8 17. Agenda Item No. 7F. Resolution No. 98-25 7.A 98-016 pecific Use Permit for the Sal of Alcoholic Beverages for on-premise consumption, at Restaurants of Southlake, This request is being made by the Restaurants of Southlake. Their concept is to have three different food styles (Tuscany, Stars, and American Seafood) in the same restaurant. The restaurant is to be located in Building No. 3 of the Villages at Timarron development, located at the southeast corner of the intersection of Southlake Boulevard and Byron Nelson Parkway. The Planning and Zoning Commission approved their request (6-0) on March 19, 1998. As you may notice there is no Plan Review. This is because there is no new construction proposed from previously approved plans for this site. Feel free to contact Karen Gandy or Dennis Killough should you have any questions. 18. Agenda Item No 7G ZA 98-017Site Plan for Georgetown Park, Phase IV The Planning and Zoning Commission recommended approval (6-0) on March 19, 1998 with amendments to bufferyards and articulation. During the early stages of the Village Center East Circulation Study, a collector street was proposed along the east line of this site. The current recommendation of the study does not show a street in this location, so the applicant has removed the street from this plan. The Planning and Zoning Commission recommended relief from the previously approved right-of-way reservation for the site plan and on the subsequent Final Plat. There was some confusion regarding sidewalk requirements per the Sidewalk Ordinance No. 683 and the Trail System Master Plan. It is not clear on which side of F.M. 1709 the trail is intended. It was the Commission's understanding, as well as Councilmember Muller's, who was present at the meeting, that the trail was intended to be located only on one side of F.M. 1709 and for this section should be on the north side of F.M. 1709. The Commission added to their motion that the 6' sidewalk required for trails would be located only on the north side of F.M. 1709 and that the applicant would only be required to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 9 provide a 4' walk. Staff has since determined that non-residential developments are only required to provide walks where a trail is required per the Master Trail System Plan. Therefore, if it is determined that the trail is required only along the north side of F.M. 1709, no sidewalk will be required for this development. Feel free to contact Dennis Killough should you have any questions. 19.Agenda Item No. 7H. Ordinance No. 699. 2nd reading. pproving a Cross-Connection Control Policy. Council approved this ordinance on first reading with the understanding that staff would revise the ordinance to address Council's concern regarding the cost of annual inspections. The memo from Bob Whitehead outlines the modifications made to the ordinance. The property owner will be responsible for the initial installation or repair of the backflow assembly. The ordinance reflects Council's recommendation that the City be responsible for the cost of the annual testing. It is estimated that $5000 would need to be provided in the FY98-99 budget for such testing. This will be an ongoing contractual arrangement for which we must appropriate funds, because state regulations prohibit city personnel from conducting such testing. Two other points which should be noted are with respect to section 29(f) and Section 31. Section 29(f) provides lien procedures should the City incur costs repairing any cross- connection devices when the customer fails to do so. Section 31 provides an appeal process for any termination on service due to cross connection issues. The customer has the option of making the appeal to the Building Board of Appeals or to City Council. A red line/ strikeout version of the ordinance is included in your packet so you can easily identify the sections which have been modified. `� 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 April 4, 1998 Page 10 21.Agenda Item No. 9A. Resolution No. 98-26, All matters incident and related to approving and authorizing publication of notice of intention to issue certificates of obligation. including the passage and adoption of a resolution pertaining thereto. This resolution will begin the process for selling the Certificates of Obligation for our capital improvement program. As noted in the memo from Director of Finance Lou Ann Heath, we plan to issue $14 million for the various water, sewer, road projects included in the capital projects budget, as well as for equipment approved in the budget. Although this item is relatively simple, we did not place it on the consent agenda because we wanted to give you an opportunity to discuss the projects if you wish. We plan to provide you with a comprehensive review of the projects at your June Retreat, which will give you an opportunity to reprioritize as necessary. Questions about this item should be directed to Director of Finance Lou Ann Heath. 22. Agenda Item No. 10A. Sign Variance appeal for the Bank of Commerce, the Village at Timarron. 1100 East Southlake Boulevard. Mr. Van Miller of the Bank of Commerce has requested a sign variance to allow an additional sign on the west elevation of their bank building currently under construction on Southlake Blvd. The memo from Director Campbell clearly describes the variance Mr. Miller is seeking. It should be noted that if the developer had chosen to plat the center as one lot, this sign would be permitted, however, the lot the bank is on is identified as a separate lot. Please contact Director Campbell if you have questions regarding this item. 23.Agenda Item No 11A Clarification on the approval of Plat Revision at Cedar Oaks Estates. An issue has arisen with regard to Council's approval of the plat revision of Cedar Oaks. David McMahan has proposed construction of a driveway (Exhibit A attached) which is divided in two sections for the purposes of saving trees. It is Director Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 11 Last's opinion (see attached letter dated March 30, 1998) that this does not conform to the driveway alignment approved by the Council (Exhibit B attached). Director Last's opinion was based on the lengthy discussion of the merits of granting the needed variances for this project. It is his recollection that there were commitments that the drive would look significantly like a typical street with the exception that the width would be 26' wide rather than the required 29'. (There was also agreement that there would be no curb and gutter and no bar ditches but these issues are not in question. The minutes from the meeting are also attached although there is limited detailed discussion on the point in question.) Although this would normally not be that significant of an issue, it is Director Last's opinion that conformance with the Council's direction should be absolute given that this is the only plat revision to ever have opposition enough to require the super-majority vote due to the requested variances. It is his opinion that the granting of the variances was (W approved based on the drawings submitted and approved at the meeting. You should also be aware that there is continued opposition to this development and particularly the split-drive issue from the surrounding neighbors. Director Last has had numerous calls from adjacent homeowners Steve Kettering and Larry Foreman. Attached you will find a letter written by Mr. Kettering to his neighbors. Mr. Kettering represented to Director Last that it was clearly the neighbors' wish to have a consistent street pattern (i.e., no split-drives) rather than save the trees in the islands. We do expect a presence at the meeting from the homeowners in the area. The real question before you is whether or not you intended to grant Mr. McMahan the flexibility to construct his drive in order to save trees. (There is not a public safety issue involved in this request, since they have agreed to meet the geometry required for the fire lane access.) Should you find that this flexibility was in fact granted, we would need to evaluate the appropriate method for reconsideration of the plat. As previously mentioned, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 12 there was a requirement for a super-majority vote for approval on this plat due to surrounding opposition. If the Council is unified then the super-majority requirement may not be an issue. Should you have differing opinions, we may need to ask the attorneys for legal advice regarding any reconsideration of this issue in order to be procedurally correct. Feel free to contact me or Director Last should you have any questions regarding this issue. OTHER ITEMS OF INTEREST 24. Project Manager for Town Hall and Town Square. Without question, our Town Hall project and the development of Town Square will be two of the most important projects we have undertaken. Due to the importance of the projects to our community, it is crucial that we pay close attention to all of the details. As such, I have decided that a senior staff member needs to be assigned to the project on a full-time basis. I have asked Ron Harper to accept the responsibilities of Project Director for the Town Hall and Town Square development. Ron will remain the Deputy Director of Public Works/City Engineer; however, he will be removed from his current daily responsibilities in order to focus on these projects. Ron brings extensive experience to this position, having previously served as project manager for construction of a Public Safety complex and providing project management services for financial institution clients on major commercial projects. The City of Southlake is fortunate to have someone currently on staff who is capable of taking on a project of this magnitude. His knowledge of the city development regulations will significantly speed up the process. In order to ensure the continued attention required for the projects for which Ron currently has responsibility, we have begun a search for an experienced civil engineer, to be hired as Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 13 a Senior Engineer. The Senior Engineer's salary will be paid from Ron's budgeted position; the Project Director's salary will be reimbursed through the TIRZ. Note that Ron has been coordinating our work with Cooper and Stebbins up to this point. The programming for our building is well underway, and the numerous issues related to the development of Town Square are being addressed by Ron, with assistance from Darcey Imm. FYI, they anticipate meeting with CISD and the county soon to resolve questions related to Town Hall. 25. Brunson Trial. Trial will begin Monday, April 6, at 10:00 a.m. in County Court of Law No. 2 (Old Tarrant County Courthouse, i.e., Walker Texas Rangers headquarters), Judge Steve Wallace presiding. The trial will last 1-1/2 to 3 days, depending upon several factors. You are welcome to attend. Our list of witnesses include Greg Last, Kim Lenoir, Eddie Cheatham, Ralph Evans, David McMahan, and me, as well as our appraisers. 26. Charter Election Publicity. As I have often stated, it is important to have the citizens well informed about the charter amendments. To that end, Community Services Manager Kevin Hugman and Public Information Officer Tracy Southers have planned an extensive publicity campaign, as set out below. • Information about the election (and specifically the charter amendments) will be put on the cable channel, and the city's web site this week. • Two public meetings will be held in which Ralph Evans and Kevin Hugman will present the amendments and answer citizen questions. These meetings will be held on Monday, April 13 at 7:00 p.m. at Johnson Elementary, and on Wednesday, April 29 at 7:00 p.m. at the Community Center at Bicentennial Park. • Postal patron postcards announcing the public meetings will be mailed April 6. • An election brochure including a Q&A, is being designed and should be mailed by April 16. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 14 • Information will also be included in the April edition of Southlake In Review. 27. Lonesome Dove Park Issue. Some of you are aware of the issues that have arisen regarding the development of Lonesome Dove Park. Essentially, the controversy concerns: 1)the developer's obligation to construct specific improvements per his developer agreement, 2)the Park Department's current efforts to master plan all neighborhood parks, and 3)issues related to the original zoning case. The specifics of this issue follow: Lonesome Dove Park was an idea originally presented to the Park Board by Tom Matthews, who was working to develop the Lonesome Dove subdivision as a PUD in 1994. Mr. Matthews desired to provide a park in his development partially to meet the open space requirements of the development and partially to satisfy his park dedication (tam, fees. He approached the Park Board with his idea of dedicating an 8-acre park to the city and constructing amenities within it. He worked with the Board and then-Chair Janet Murphy to determine what should be included in the park. Mr. Matthews also committed to maintain the park for a period of three years after the acceptance of the subdivision. The process of designing the park was not an easy one for the developer. First of all, the park doubles as a drainage detention area. There were, of course, neighborhood concerns which ultimately provided strong parameters. For example, the Emerald Estates neighborhood was adamantly opposed to backstops or ballfields, contending that it would bring unwanted park users into their neighborhood. Ultimately plans were approved, and the developer moved forward with installing the improvements. Recently the issue was raised as to whether the developer had indeed fulfilled all of his F obligations. Simultaneously, the Park Board began to consider options for the park's ultimate master plan. My office has become involved in the issue for a number of reasons, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 15 including our need to work cooperatively with the developer and the neighborhood which now includes residents in the Lonesome Dove Subdivision as well as Emerald Estates. Kevin Hugman has taken on the responsibility of coordinating a successful resolution to the problem. Tom Matthews is no longer affiliated with this project. As such, Kevin began his work on this issue by meeting with Kosse Maykus. They discussed the zoning requirements, the developer agreement and neighborhood sensitivity. During this initial meeting, on Monday, March 30, Kevin discovered that Mr. Maykus 1) exceeded many of the requirements delineated in the developer agreement, e.g., building a $40,000 pavilion instead of installing a $12,000 pavilion as required in the developer agreement, 2) coordinated with a former park staff member who had (without our knowledge) "waived" some of the requirements, (e.g., water fountain, volleyball poles and netting) because she believed the were not need y needed, would pose a safety problem, or would create maintenance issues, and 3) was willing to work with the staff to fulfill any outstanding obligations. That evening, Kevin and I attended a SPIN meeting at which these issues were discussed, as well as future master planning issues. Mr. Maykus was in attendance at the meeting as well. Kevin and Ben Henry have had a follow up meeting with Mr. Maykus and are working on a plan to finalize the park per the developer's obligations. Once this is accomplished, the developer will relinquish his "control" of the park, as well as his obligation to maintain it. In the meantime, park staff will continue to work with the Park Board and the neighborhood to develop a long-term master plan which will please all involved. If you have any questions about this issue, please feel free to call Kevin Hugman. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 16 28. Race Day Plans. As you know, NASCAR will be hosting the Texas 500 at the Texas Motor Speedway on Sunday. Qualifying runs were held today, and the Busch Grand National (Coca Cola 300) race is scheduled for Saturday. DPS plans are essentially a scaled-back version of the traffic management plan implemented last year. Battalion Commander Ricky Black and Lieutenant Barry Hinkle will assume a unified command for the day. Patrol will include five motorcycles, the full complement of bicycle patrol officers (5), two traffic officers in the Camaros and Public Works employees to help work the intersections. As we did last year, we will have "mules" staffed by Public Works on courtesy patrol, providing assistance to stranded motorists in order to keep the traffic moving. Code Enforcement Officers will patrol to ensure that our city is free of unpermitted signs or roadside "businesses" and other nuisances. This year, unlike last year, the state has determined that it is appropriate to contraflow S.H. 114 through Roanoke. This means that both lanes on S.H. 114 in Roanoke will be open for westbound traffic in the morning, and will then be reversed in the evening to handle the volume of eastbound traffic. This should significantly improve our ability to keep traffic moving. It is expected that traffic will be extremely heavy during these events. Traffic was heavy related to the practice runs held on Thursday, with traffic backed up from the speedway to Kimball. Questions about Race Day may be directed to Director Campbell. 29. Public Safety House, The Department of Public Safety has a number of public education events planned for this spring featuring the public safety house. The house will make an Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 17 appearance at a local birthday party, the Southlake Chamber of Commerce Business Expo, the Lions and Rotary Club meetings in April, and Main Street Days. 30.Public Safety Personnel Commendations. We are always proud to provide you with copies of correspondence relating to the excellent work of our staff. Note the examples from Public Safety included in your packet. 31. Economic Development Activities. Following are some recent activities from the Economic Development staff, with attachments to this memo. Feel free to contact Kate Barlow or Greg Last if you have questions or would like additional information. • Two Southlake developments win awards. The Sabre Group Campus at Solana and 0 Georgetown Park were selected winners in the 1998 Office Building of the Year �✓ Awards competition sponsored by the Building Owners and Managers Association (BOMA) for excellence in office building management. The Sabre Group Campus won in the 250,000 to 500,000 square feet category, and Georgetown Park in the Suburban Office Park category. • Continued coverage from The Business Press. Two Southlake businesses and one Southlake office building under construction were featured in separate articles in The Business .Press the week of March 13. • Tour for the Dallas Business Journal. Staff will conduct a tour of Southlake for the staff of the Dallas Business Journal on April 24. While initially hoping to meet with the real estate reporter, the editor has offered to bring the entire staff. Staff will arrange meetings at select developments. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 4, 1998 Page 18 Director Last and Kate Barlow will staff the city's booth at the first annual Chamber Expo from 10 am to 5 pm this Saturday, April 4. I would be there, but I will be with the attorneys Saturday and Sunday as we prepare for the Brunson trial. C Stga Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Hugman, Kevin, Community Services Manager, ext. 710 Imm, Darcey, Assistant to the City Manager, ext. 759 LeGrand, Sandra, City Secretary, ext. 704 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 Wilson, Garland, Deputy Director Fire Services, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 City of Southlake,Texas MEMORANDUM April 1, 1998 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: International Building Safety Week 1998 In the public safety arena, the benefits of police and fire services have long been recognized, however,the duties and responsibilities of our building inspectors go, for the most part, unheralded. We would like for the city to recognize the International Building Safety Week from April 5th through April 11, 1998 and the contribution of the Building Inspections Division of the Southlake Department of Public Safety. This group of inspectors ensure the construction of safe and sound buildings. When code requirements are adhered to during construction, this assures that they will be well built and maintained through the years. In addition,it allows the community to maintain its grace and dignity through sound electrical, mechanical, structural and plumbing inspections that build longevity into these structures. We would like to request that the Mayor declare International Building Safety Week to recognize these fine individuals and to help promote building safety, create awareness as to the importance of construction and building codes, and to spotlight the role of the dedicated code official in administerin- hose codes. BC/bls 4 1505 Oak Lane 86610 C 8bw d33 Marucbh 8,,1 TX998 76092 Dear Neighbor, The purpose of this letter is to bring to your attention the status on the subdivided 5.27 acre lot on Sleepy Hollow,the so named "Sleepy Hollow Estates." Bac around Those residents whose property hes within 200 feet of the lot were officially notified of the proposed plat revision in November of 1997. (See attch. 1) Larry Foreman, 1735 Sleepy Hollow,responded by presenting a petition to the city expressing concern over multiple access drives from Sleepy Hollow into the property. (See attch. 2) The city approved the plat revision with a single"private drive"to access the property. Those of us who signed the petition received a letter of explanation from the developer, Tom Matthews. (See attch. 3 &4) As work began on clearing the lot for construction of the road, I kept noticing that the pattern being cleared did not match the diagram in my letter or the picture on the developer's promotional sign erected on the property. Specifically there appeared to be trees left in the middle of the planned road. I contacted Tom Matthews with my concern. He confirmed his intentions to divide the road at several points into one way paths around tBe trees. He explained that it was not until they started the clearing process that they found these trees and that they were making these adjustments to the road in order to save all-possible trees. He was shocked that-1 would want him to cut down trees. I stated that while this was a very honorable idea and particularly appearing to me as a tree lover, I felt that a uniform, conforming street layout was a higher priority towards the concept of enhancing the Cedar Oaks Estates subdivision. I then contacted the city with my concern that this project was not being built as planned and approved Greg Last, Community Development Director,has responded accordingly. He met with the developers to comnninicate that the city would in fact be insuring compliance with the plan as approved by City Council with the single 26'wide paved street into the property and that any changes would have to go back to City Council for amended approval. Related es and questions -Why not build a regular city street like Forest Vista Court? With our one acre minimum zoning the 5.27 acre lot would not yield five one acre tots after dedicating the necessary land required for a city street. Therefore by dividing up the lot as shown where part of the one acre contained in each of the three rear lots includes the land under the planned "private" road,the developer could get five lots and a more positive economic return. These lots are being sold for$105,000 and$95,000 each. Is the high priority stated by the developer for saving trees related to the new city tree ordinances? Greg Last said that the tree ordnance does not apply to the construction of streets, private drives, or private residences. There is however a general city priority towards protecting our trees. I have also learned that-Tom Matthews has a positive reputation as a developer in Southlake and has demonstrated a willingness to protect trees in other projects. Since this is officially a "private drive" will mail boxes all be located on Sleepy Hollow? Tom Matthews assured me that he is getting permission from the U.S. Postal Department to have mail delivered into this private drive. How will sewer service be provided? Tom Matthews said that he plans to bring a sewer fine at his expense up from the city main line that runs across the lower end of Sleepy Hollow. This lime will run along Sleepy Hollow and it will be sized and installed deep enough for future use by Cedar Oaks Estates. What about the name "Sleepy Hollow Estates?" Greg Last explained that the developer can name the project anything he chooses for marketing. The city has no jurisdiction over that, however, the property officially remains part of Cedar Oaks Estates as reflected by the plat filed with the city and Tarrant County. Who maintains this "private drive?" Tom Matthews explained that the deed restrictions for purchasing a lot will require a mandatory annual maintenance fee. Is it too late for us in Cedar Oaks Estates to require a normal city street? Greg Last said yes and that we were properly notified. What about emergency vehicle access? Tom Matthews assured me that his road plans and revisions complied with the Southlake Fire Department. Greg Last said that he would follow up on that issue. Other questions -If this is a "private drive," does the City Police Department have jurisdiction or am I trespassing if I enter this road? Who is liable if an accident occurs? Will trash pick up be along Sleepy Hollow for all five residences? Because this is a "private drive" can the developer or future owners decide to install a gated entrance? Is there reason to believe that our neighborhood crime watch efforts will be compromised by a somewhat hidden road in the subdivision? f Since curb and gutter is not planned, will bar ditches be installed to insure proper drainage and aid in conforming to the look of the established subdivision? Conclusions As you can see this is a very complex issue and seriously affects our subdivision. It is possible that we may need to respond in a unified way. I am willing to attend any such meetings representing the concerns and desires of Cedar Oaks Estates. To do so more effectively I might need to circulate a petition similar to the attached example. (See attch. 5) To establish a back up position, the original covenants for Cedar Oaks Estates provides for an Architectural Control Committee that shall approve all buildings"erected, placed, or altered on any lot," Until you hear or choose otherwise your Architectural Control Committee consists of Steve Kettering, Larry Foreman, and Chris Smith. I believe that Tom Matthews and his partner David McMahan are good and reasonable people;they are businessmen pursuing their livelihood to develop this tract of land and I welcome their efforts to finish out our neighborhood. I am confident that we can accommodate this project in a way that protects our interests and is workable for them. If you have any questions or ideas about this please contact me at 488-2571 or e- mail me at skett0aol.com. If you would like to be updated on events relating to this issue and future issue such as sewer and road improvements,it would be helpful if I had your e-mail address. I hope that you feel the same pride and concern for our neighborhood as I do. Respectfully yours, Steven W. Kettering 44ch. / ; i w = �o — k E-+ os fay o 0 R 5 ,N N rn Nrn x w0 �o<m cL)rag-, 0 0 4 ,� p o 111lal +t a -I---------- ! i , RS � of December 2, 1997 City of Southlake Planning and Zoning Commission We, the undersigned residents of the Cedar Oaks Estates Addition to the City of Southlake, do respectfully object to the replat of Lot 4R7, Block 1 (i.e. the plat revision on lots 4R7R1 through 4R7R5, block 1.) This objection is based specifically on lot access to the rear lots (4R7R2 through 4R7R4). The right of way appears to be either triple (or more) adjacent driveways or an unusually large driveway to access these lots. This is inconsistent with all the other lots in the addition and is plainly incompatible, and therefore unacceptable. If this access was a standard road, such as the most recently added Forest Vista Court, there would be less objection. Thank you for your consideration. Signature Printed Name Address i i December 421997 This list of petitioners is not a complete list of residents in the Cedar Oaks Estates. However, the reason is a lack of time and the inability to make contacts with the remaining residents. Everyone contacted (100%) signed the petition. The residents that did not sign were the residents not contacted. I feel certain the list would be near 100% if all the residents could have been notified. Please consider this as you deliberate tonight. Thank you. Larry Foreman 1755 Sleepy Hollow Southlake 481-4657 i4 �i,t , 3 Tom M.Matthews,Jr. 4343 W. Northwest Hwy. Suite 120-225 Dallas,Texas 75220 214/350-7732 fax: 214/904-9930 December 12, 1997 Mr. Steve Kettering 1505 Oak Lane Southlake, Texas 76092 Re: 5.27 acre Plat Revision, Lot 4117,Cedar Oaks Estates Dear Mr. Kettering: Please let this letter introduce myself to you and identify myself as President of Four Peaks Development, Inc., the developer of the property on the north side of Sleepy Hollow near your home at 1505 Oak Lane. I have reviewed the petition you signed which was sent to the City regarding the Plat Revision. I must apologize that we did not do a better job in presenting our submittal to the City which would have addressed the specific issue or concern raised in the petition, namely, access to the back three lots. For your understanding, I am herein including a more specific site plan which shows the shared drive we will be constructing to access the lots within this replat. Instead of numerous drives onto Sleepy Hollow, we will be deed restricting these lots, requiring that all of the lots utilize the shared access drive. By having this restriction we believe we will have less of a visual impact onto Sleepy Hollow and will reduce the number of trees to be removed from the overall site. The access drive will not be concrete with gutters. Moreover, to better maintain the rural atmosphere of the Cedar Oaks Estates subdivision,the drive will be asphalt like the original roads in Cedar Oaks Estates. Please also understand that this drive will be constructed to meet all of the City standards for materials and thickness. Mr. Kettering, I appreciate the issue raised in the petition to the City and hope this letter and the enclosed plat satisfies your concern. Notwithstanding that, if you should have any other questions or would like to discuss this replat with me, please feel free to call me at the number above or on my mobile phone: 214/676-3434. Sincerely, Tom M. Matthews, Jr. -Kc-k. �4 NOTE: ENTIRE SITE IS 100% TREE COVERED w�cmar ow��au:rc sio" I .�'i¢ea I 'wL fuf.-" I w�.rrm.-�n I wL—i+atsn iu 1 it is isa I whin w" ns,r.ra,n D.R.IL•ri o.a.rz_n MTr .m otrvn ow.T..m utirL.a ouo_m —————————— -------_--- ---- ------------ ——————————— I L I 19 I0 • ■ I i \ L=Hi t :r A. t t t Lar sn r La Pf� s w-j 4 f �: v. 1 r emP u�a cures Id m - 1 j t ,, , I or.o„6 �'°g �.a.� i i I 1 1 , Lar _ I t[.� f -—-—-—sr POLLOW rain - - - 9 L • a c • e ,.............u 1or xr ............... mk PRiL_IIL y,M..._........... _. IC....M or 20�w Original Scale 7" = 700' ' / Ate _\ 0 50 100 200 LOT" / / Lars f Q •a Graphic Scale in Feet SLEEPY HOLLow o res13-00Lafc r A4`� ► 5 March 28, 1998 City of Southlake We,the undersigned residents of the Cedar Oaks Estates Addition to the City of Southlake, do request with respect to the development of Lot 4R7 that if a standard conforming city street is not constructed to access this property,then any altemative shared access drive SW conform to the existing streets in the subdkrision meaning a continuous 26'wide road constructed to meet all of the-City standards for materials, thickness, and curvature including either bar ditches or curb and gutter for proper drainage. We also request cladficafion on relatedissues pendid ng to an alternative shared access drive such as police jurisdiction, location ofmaffboxes, and trash pick up. We regrettably recognize that suer construction wr11 resin m a loss oTtrees,but that a roadway consistent with the exist-mg streets in the neighborhood is deemed by us to be a Vie'priory. Thank you for your consideration. Printed name& gigagmire s Cityof Southlake March 30, 1998 Mayor. Rick Stacy Mr. David McMahan Mayor Pro Tom: Four Peaks Development, Inc. W.Ralph Evans P.O. Box 92909 Deputy Mayor Pro Tom: Southlake, Texas 76M David A.Hams Councilmembers: Re: Cedar Oaks Estates, Case No. ZA 97-158, Plat Revision Wayne Moffat Pamela A.Muller Gary Fawks Dear David: Scott F.Martin You have asked that I write a letter in response to your request for approval of an CurbsManager. alternative driveway layout P arc received la out as shown on the plan dated March 5, 1998 b tis E.Hawk y Assistant City Manager the city on March 25, 1998 (Exhibit A attached). K Yelverton I find that this proposed alignment does not conform to the alignment (Exhibit B �SwWdra L.C attached meeting of December 16, 1997 which LeGrand eG � Presented b y you at the Council g was the plan the Council based their approval on. Also find attached a copy of the minutes from the meeting. f It is my opinion that Council granted approval of your project and requested variances based on the plans you presented at the meeting. Should you have a different opinion and desire to bring the issue before Council, let me know and we will evaluate the appropriate procedure for the reconsideration of your project. Sincerely, City of Southlake Greg Last Community Development Director cc: Curtis E. Hawk, City Manager -Billy Campbell, Public Safety Director enc: Exhibit A - Alternative plan dated March 5, 1998 Exhibit B - Plan presented at Council meeting Minutes from City Council meeting of December 16, 1997 667 North Carroll Avenue .Southlake, Texas 76092 r --- - - - - ---- - - ---w'a�ut---- ———-- -—— — —— -- -, — - — -- - -- - - I I i I I I I I I I i I I I I LOT.M LOT r17fK! = LOr AFUM l a YN 1.1t72 boy = YN 1.076 bN Y I.�q bN w 47.SR7 sq—FNt s 4R,R77 sq w*F44t "I v 47.436 Swr•r..t I I I I I I I I LOr 4M +• it 12141' K4 i. r-—— )I,y I I�' CEOMWR9 E�STARS n li S CAS. WSS•4)-E y / \ 12J.37 u ►N iCwE rxxs • d * d S t1R3YU'E +l Fo ,•u .......... 1 I I ��4 is •� I I 41 ,) r IA r•6 ' 61 ru: I I r•A I I ►� � s .r u I I 4FM IV '• W I I I W 7 LOT 4Fr7R1 .li I ArN�1.00 aJ,360 S M 11r .0. W W A,N LOW ACN I 1 ar 4J.tN14 Sousa re+l s ..fi... sF u arS*—.fNt 1 I }- g I 19. I I LOT 4R6 „ r►p. . I I to 4P� I I L- —————'4=4� _r�— — —— uatr `Jat1o• 31.�_-— I I N 66'59'43 W 266.54' SLEEPY HOLLOW TRAIL - — - — -_.-_-_ - (Go.R.O.W. \ o...............1J .14 St' \ Tw..................MS' \ Lc....N!Z OYt UJ7' or w 47 \ 'IT Is II L • 0 Q 1 �® I! CEDAR 4-1 .PG. 7 VOL JR-T.C.. . 7 LOr u / v.R.•r.G..ix. � o� LOT 10 A L • 0 a �x�i� rT NOTE: ENTIRE SITE IS 100% TREE COVERED a aV a, as waa a a a 1a ���+ ;rat ama otDr aKw e a 4 mesas a J a m ` a.ia.�fuQ 6 a mt ®. m I saa a is, ` 4 ir,L raw Y.tY►Z fa:A1 fa.'6.iL Llit.�.Z y<[�iL 3Il,L►.Z -—————————— f- [ ' sic f rr *�,,; .J..-=L Ls St- �. �''�.'��Z- o,�.a. ,ate�`•?}'t� 1 w-..vem- NM&4mmwi 1 �� ��• ,•-- � I tore-n � PLO arloom Mr 4 jr th sa � =_� 4� t. :-r•-� '�` •� wiz, + aT'�`.s1s> � � 1 \ 1____ -_�: __•_._ ��'��;,`�."�. `:• •. L•*i:`.�c�+ :may-,,:�_, 1 l i --� •_L-+i�� T ? � tit STl � �7 tataw t_ .�$�r. x✓ �. t z -�_-—-�—!C�'t�[7Ot T"'1 -.ma's=� sr.� _..ea^ y:.i_•P. h i+_c.;� rx,,. \ \ Original Safe 4°f i6 1 " = 100' 50 100 200 1Of~ f' Lff o • ` i Graphic Scale it Feet HOLLOW SLEEPY 5�--10 FOR EXHIBIT ONLY F,2�0 19°7 NIs. Gandy- noted a change of the 'I-I" Light Industrial District does not require a Concept Plan Review by staff. Mr. John Levitt. Levitt Engineers, 726 Commerce, Ste 104, Southlake, was present on behalf of Cornerstone Business Park, Phase II, who noted the CISD owns 43 acres north of the 67.64 acres. Mr. Levitt asked to have this item tabled until the ownership issue is finalized. Councilmember Harris asked staff to renotify Mr. Lowell Morrison if this case should come back. PUBLIC CO.NB ENTS: Lowell Morrison commented, if this property is that of the CISD, it does not need to come back for zoning. He asked that he be notified if this item should come back to Council. Motion was made to table ZA 97-133 at the request of the applicant, time certain January 6, 1998. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawk, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item #8-F. ZA 97-156 Preliminary Plat for Cornerstone Business Park, Phase II ZA 97-156, Preliminary Plat for Comerstone Business Park, Phase 11, being approximately 67.64 acres out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3. Current zoning is "AG" Agricultural District. Owner: John R.McDearman. Applicant: Southlake Cornerstone Business park, L. P. Motion was made to table ZA 97-156, at the request of the applicant, time certain January 6, 1998. Motion: Martin Second: Harris Ayes: Martin, Harris. Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item #8-G ZA 97-158 Plat Revision for the proposed Lots 4R7R5. Block 1. Cedar Oaks Estates ZA 97-158, Plat Revision for the proposed Lots 4R7R1-4R7R5, Block 1, Cedar Oaks Estates. REGULAR CITY COUNCIL MEETING iNIINUTES OF DEC. 16, 1997 PAGE 16 OF 18 being a revision of Lot 4R7. Block 1, Cedar Oaks Estates. an addition of the City of Southlake, Tarrant County. Texas. according to the plat recorded in Cabinet A. Slide No. 545, Plat Records, Tarrant County. Texas. Current zoning is "SF-IA" Single Familv Residential District. Owner: Tom Benner. applicant: Four Peaks Development. Inc. Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property owners within the 200' notification area and two (2) responses have been received from: Lloyd and Diane Tompkins, 1720 Sleepy Hollow Trail, Southlake, opposed. tiir. Tompkins listed several reasons for his opposition in a letter attached-to the minutes of this meeting. Larry and Cathy Foreman, 1755 Sleepy Hollow Trail, Southlake, opposed, adding, "There is no road access to the rear lots. The triple adjacent driveways for access is inconsistent with the rest of the neighborhood." Lis. Gandy noted a petition was received from Larry Foreman, which states opposition primarily based on lot access to rear lots. There was a total of ten signatures, 5 of which were within the 200' notification area. Because the applicant has requested a variance to the requirements of this plat, due to opposition of adjacent property owners within the 200' notification area in excess of 209, a super-majority vote of the City Council members present wil 1 be required to approve this request. David McNfahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he represents Four Peaks Development, and wanted to keep away from curb and gutters, because he wanted to save more trees. The property has city road frontage with one cut onto Sleepy Hollow. Everybody on the road will access onto a�private drive. This will not be a gated addition, according to Mr. McMahan, and the City ban run the utilities through the private road. He noted, they believe it is a better design than a design with a cul-de-sac. He asked Council to remove items n7 and ,'8- a, from the Revised Plat Review Summary. PUBLIC CUNBIEN TS: Lloyd Tompkins, owner, Lot 3 (next to the proposed property). Mr. Tompkins stated he feels this is wrong. He also noted, if the new street is as wide and strong as a c ity street, he will have no problem with the development. He noted Council should require the street be in place before lots are sold in the addition. Mr. McMahan stated he will build the street to the City standards with a fire hydrant. The lots will be deed restricted, the property will have a fence of brick with stone columns and it is his intention to have sewer to the property. He stated he is not aware of any drainage problems on the property. Motion was rirdde to approve, ZA 97-158, Plat Revision, subject to the Revised Plat Review Summary- No. 1, dated December 12, 1997; deleting items #7, 08a, and #9, further providing that no development take place until a Developer agreement is signed and said agreement is to REGULAR CITY COL�CIL .MEETING NIIN- rES OF DEC. 16, 1997 PAGE 17 OF 18 r provide for the construction of the private driveway to city standards to a width of 26' street providing for a 4" base and 4" asphalt street to be built: including the deed restriction that no access be allowed for off Sleepy Hollow, save and except for the private driveway; and restricting against gating the private driveway; and that no building permits be issued on any lots until the Developer Agreement is signed. Motion: Harris Second: Martin Ayes: , Harris, Martin, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6-0 vote (Councilmember Muller is out of the room and did not vote) Agenda Item #12, Adjournment The meeting was adjourned by Mayor Rick Stacy at 10:25 p.m. Mayor Rick Stacy Att St: ``����,1t�E• T�e�!�i��� Sandra L. LeGrand City• Secretary =`� .*_ D:'.WP-FILES',NII\Z,TES\CC-I2-t5..MIr REGULAR CITY COUNCIL MEETING �NUNT TES OF DEC. 16, 1997 PAGE 18 OF 18 City of Southlake,Texas MEMORANDUM P�I `. 4a' ° �� ' March 5, 1998 ' h3 0 19 . ..�� ----------- TO: Billy Campbell,Director of Public Safety FROM: Gary Gregg,Deputy Director of Police Services SUBJECT: Commendation Received on Rhonda Mason On Monday,March 2, 1998, I received a telephone call from Wincell Walbert. Mr. Walbert was very complimentary of Detective Rhonda Mason. He stated that he was in the Red Lobster last Friday for his wife,s birthday. He said his wife had been ill for quite some time and he was having difficulty getting her to the restroom. He said Detective Mason intervened in his behalf and actually stayed and checked on his wife several times while she was in the restroom. W. Walbert stated that Detective Mason was very,kind and considerate and he just wanted us to know that. I am available if you have any questions or comments. *t GG/bls a. I wuh � 11! -�. t.•it tom. tN .+.� _ '�g, ! !c.+. . � ill s ,� !� �, �► .,d; aVA A 7 I 44A � 1 Woo 2. Cm �s �u Cl �eei(Y� cl� �Um;-� Y�� 0 nt 0 \P\j 63-\fg c�, 9 PU c .. � _. `r�:'r _. 's`,.•,`,!_jam . .. -. Th rn"8n �or e-+ I I • 0.`n I bt7Z� es CD C d rn e, O !J 4r y - Akso Aj W�� � � !� t C`„ f �'", y� I' .•''.�f - � 4l•1'� S`.:' � yl.l� o � +� / ►C�r i�`'! . �e proJr���,. t f C� itr` /far`5 6L6A -- - . Is 1 nk 'tt.a«•.3`._'•< �-.. + wr/r!'��.,r Y!+�+ ,� W`�*-w•-` ...?,.. sa,��.�.s7 . r.. -s'+ifF.►.�nw.v+i�`aa^i"�r7� ua Rill .♦Y _. X .• ',. '' a[> r a:r .f .{ _ _' �..� -Al ,... '. � _♦ ..J.• �� ��T�•Y''M�w' �rye��� L:"1� 'V -._ ✓�'r. I Tt�7ti�i�lV:a ..i. h.�l!.�. ....- T/I,a a. < �.-� •for St.-..��.,, .�.�r. : .L otr,�r-s "� .. .�i:-l:a.'i.� j,OKrAaVr� 1/:'�r/1•Q`•^^ .-�-�. � ArOh/J 3a (*Sol P d �6&p c «..r .�i�'�,��✓. W�i Z :f��� - s+o Iti.�.�d .. �a 6a.s' �....,+= Qi�L��• Ise; I � rt.- r _V l J � ;r V' - � � - i+�'✓Li��� �Jc �ram— '�`Y`-� .�. �_��:/ --'r 7,� ---- ' �y t r - - 9Y , - - - - - - - - f v _ -:�''L , Pit t.'►1� �/�c':r-c��- �c..�5 v _ Y c -e-. v Z likeA fhafi eov Ie,t- soM e 01`?��ec� c�m� a,�d dq �emEnSffa��oo� __ _. -Fo_ shaw rwha� the dlp_ .w{�►��le _o_n_d�,_ _ hope. Z ' ►) �gcf � sew ctl! of-�l�m �g;an n-ex�-�e�-, - - - --------- _ ----__ _ - ----Levi n a� _r ( 1^� l' � t ...... � . � - �- � _ �..,, �u. l� � -. _ �Q �l t � �: � r• L \l� �`�`"� 1.,,- �'� r.� � � � .ram �� � 1�r 1 _ i y� ! �� {r �����a G./" --�,.e,....-- - � -- - — _ �` "�r� r-� _ �,��-- �, TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW rHROCKMORTON STREET TELEPHONE(817)332-25W BANK ONE TOWER TOLL FREE(800)318-3400 FORT WORTH,TEXAS 76102-3821 FAX(817)332-4740 D'ANN NICHOLS DRENNAN (extension 243) March 19, 1998 Officer Greg Porter Southlake Police Department City of Southlake 1725 E. 1709 Southlake, Texas 76092 Re: Police Car Observation Passenger Dear Officer Porter: Not only did I thoroughly enjoy riding with you, I learned a great deal that will help me as a prosecutor. My goal is to have a good working relationship with the police department, and I appreciate your giving me-the opportunity to learn about "life on the beat." r Please pass my appreciation on to others in your department for all the department has done to help me perform my job better. As always, if you have questions or comments, please do not hesitate to call me. Sincerely, </��4_,V D'Ann Nichols Drennan DND:Imh H I.LIBRARY\SouthlakekLETfERS\PorterGreg.LTR.DND.wpd FT OFFICE OF CI Y CT•C. N 1 OL ri air- � � - �o � � �.�� �- • 3�-fig City of Southlake,Texas MEMORANDUM March 17, 1998 TO: Police Lt. Barry Hinkle FROM: Communications Supervisor D. Jackson SUBJECT: Officer Appreciation I received a telephone call at 1549 hours today from a Grace Gaydos of Trophy Club,phone number 430-4467 who wanted to express her appreciation to Officer Shawn Farman for changing her flat tire on Thursday,March 12'a in the 3100 block of Hwy 114. Ms. Graydos stated Officer Farman was very helpful in her time of need and she was very surprised that our officers would stop to help citizens in that manner. DMl/ F , f Cc: Chief Billy Campbell 32cg$ March 3, 1998 Mr. Garland Wilson Fire Chief City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Garland : On behalf of the Boy Scouts of Troop 928 I wish to thank David Anderson, Michael Starr, Tony Payton and Marshall Urbanosky for their participation in our First Aid Merit Badge program. We appreciate the time and effort they took to teach the Scouts some basic fundamentals of First Aid. First Aid is an important component of the Scouting program and it is an"Eagle required"Merit Badge. It is very helpful to have knowledgable medical personnel administer the program. David,Michael,Tony and Marshall participated by explaining required material and by demonstrating exercises and techniques. In doing so, they handled the boys in a patient and professional manner. The Scouts are currently finishing their First Aid Merit Badge requirements and we wish to thank you again for your support. We appreciate your interest and participation in the activities of Boy Scout Troop 928. Sincerely, Lloyd Satterfield Troop 928 Scoutmaster NEWS CLIPPING Source: Tarrant Business DATE: March 23. 1998 C" 3 winners announced association of Fort Worth. in office competition The winners are honored for excellence in building FORT WORTH— management. Continental Plaza in Continental Plaza, owned by downtown Fort Worth. and The Crescent Real Estate Funding Sabre Group Campus and I, L.P., is a l million-square- Georgetown Park,both in foot. 40-story office tower. It Southlake, are winners in the was selected in the more than 1998 Office Building of the 500,000 square feet category. Year awards competition The building is managed by sponsored by the Building Melissa Graham of Crescent Owners and Managers Real Estate Equities Limited Partnership. The Sabre Group Campus, owned by MaguirePartners- Solona Limited Partnership, was selected in the 250.000- to 500,000-square-foot category. The campus is situated on 27 acres and is managed by NIaguirePartners.The asset manager is Ann Withington. Georgetown Park,owned by Georgetown Monticello Partners, was honored in the Suburban Office Park category. The property is made up of three buildings totaling 24,942 square feet but is expected to increase to 102.000 square feet with planned expansions. Georgetown Park is managed by Realty Capital Corp., and the building manager is Anna Tavlor. The properties now compete in the regional competition, which will be held in Tulsa on April 23-26. Regional winners move on to the international competition in Philadelphia in June. -SANDR.k BAKER NEWS CLIPPING Source: The Business Press DATE: Week of March 13. 1998 Settling in SOUddWW Mixon LLC is constructing a 6,000- square-foot office building at 305 Miron Drive near Southlake Boulevard and Texas 114. The speculative project is expected to be complete by May,said Rich Edgington,a partner in Miron LLC.The minimum space available at the facility will be 1,500 square feet,he said. Edgington,who is also vice president of Southlake's Calais Custom Homes,will handle the leasing. This project falls on the heels of another 6,000-square-foot office building on Miron Court which Edgington finished late last summer. 7 NEWS CLIPPI`G Source: The Business Press DATE: Week of March 13, 1998 Entrepreneur sees SBA loan as a good sign THE WUNM PRESS SOUTHLAKE—John Pichler quit his job as a sales manager in the Agfa division of Bayer Corp. after 14 years to try his hand at something new — owning a business. Pichler purchased Identitec of Southlake from Gary Fickes in December with per- sonal savings and a$325,000 Small Busi- ness Administration loan from Citizens Na- tional Bank. Identitec makes,distributes and installs architectural signage and is one of few com- panies to make American Disabilities Act' regulation Braille signs. "I wanted to pursue the American dream of owning my own business,said Pichler, 38. Pichler stopped working for Bayer at the end of August and spent a month"do- ing tasks around the house." In October, he obtained a list of Texas business bro- The company, which is located in a kers and contacted them. He also read 6,000-square-foot office at 2875 Exchange books on buying and owning a business. Blvd. had revenues of$800,000 last year. "I started to search for a company that Pichler is shooting for$1 million in 1998. met my background qualifications and fi- Gary Fickes, a property developer and nancial abilities,"he said. former Southlake mayor,will act as an out- Pichler sold electronic imaging equip- side marketing consultant for Identitec. ment and supplies at Bayer. His new job Dailey Resources in Bedford negotiated relates to the old because "signage is a the sale. Identitec had only been for sale graphic arts application,"he said. for a few months before Pichler expressed Pichler quickly became interested in interest. Identitec because the company has a"man- "It was an extremely good match,"said ageable" staff of 12, was within his price Bob L. Wyatt, a certified broker at Dailey. range and because of its Southlake address, "He had experience in design, computers, where he resides. marketing and management.Those are the Fickes and Pichler negotiated for almost kinds of things that he has to exploit in his three months before the deal was signed new business." Dec. 12. NEWS CLIPPI`G Source: The Business Press DATE: Week of March 13, 1998 square-foot facility owned by Argosy Tech- Huai nology,which occupies half the space. - Argosy Technology, a reseller of eom- firm to try puters and component parts,plans to begin construction on the $1 million office and Y warehouse building in July and lease the entire space to Team HealthCare by the end space, af of the year, said Jeff Wang, president of Argosy Technology. He said Argosy, 2822 Market Loop, By AMANDA BRWAD wanted to build in Southlake's new indus- THE BUSINESS PRESS trial park because of its proximity to major freeways. SOUTHLAKE—Team HealthCare Inc.,a 1 "It's easy to get on and off the high- provider of home health equipment and di- ways,"Wang said."Also,we're already in agnostic services,plans to nearly triple its Commerce Business Park,so this would be size and number of employees when it our neighbor." moves into a 16,000-square-foot facility at Stan McClure of Baker Commercial Cornerstone Business Park. Realty in Las Colinas, who negotiated the The Southlake-based company will be one sale,said Argosy Technology purchased the of the fast tenants to move into the industrial 1-acre site on Exchange Drive last month park, which began development this year, in the new industrial park because the once construction of the space is complete. company's options within Southlake were One-year-old Team HealthCare, 2820 , limited. Market Loop,is moving into the new facil- "Cornerstone is adjacent to where ity because of its rapid growth, said Mike they are now,"he said."Commerce Busi- Crabaugh,president of Team HealthCare. ness Park is substantially leased out and "It's just market opportunity and the developed. There's not a lot of options. see SOUTHLAKE on page 34 Cornerstone is more deed-restricted." Team HealthCare also plans to add 30 SOUTHLAKE from page 1 employees to its staff of 11.Crabaugh said. Some of the employees will work in a re- changing of the marketplace when a new tail outlet to be located in the front of the company comes on the scene providing ser- new building,he said. vices,"Crabaugh said."[The Metroplex]is Argosy Technology will occupy part of very service-oriented." the new building only if Team HealthCare The company's first-year sales were does not need the entire space.The com- $500,000,he said.Expected sales for 1998 pany plans to stay in its current location, are$2 million. but Texas HealthCare's former space will remain vacant. The $4 million company, Team Healthcare s products include --. hospital beds, wheelchairs, commodes, which has six employees,has operated out reclining lift chairs,rehabilitation equip- of the Southlake building for about a year. ment and scooters, Crabaugh said. The Southlake-based Argosy sells to gov- company also provides cardiopulmonary ernment institutions and Fortune 1000 stress testing and pulmonary function test- companies nationwide, Wang said. ing services to physicians for their pa- - tients. The company sells to physicians' offices,home-health agencies and hospi- tals in the Metroplex. Team�IealthCare shares a 12,000- City of Southlake, Texas — Recent submittals for your information. r CASE DESCRIPTION 98-027 SPECIFIC USE PERMIT Explorer Pipeline, 16.48 acres Location: On the south side of East Continental Boulevard approximately 300' east of the intersection of Timberline Court and East Continental Boulevard, south of South Kimball Avenue and north of State Highway 26. Current Zoning: "I-2" Heavy Industrial District Owner and Applicant: Explorer Pipeline 98-028 CONCEPT PLAN Lot 1. Block 1, Florence Elementary Addition Location: On the southeast corner of the intersection of Johnson Road and Harrell Drive Current Zoning: "CS" Community Service District Applicant: Cheatham and Associates Owner: Keller I.S.D. LACOMDE V\W P-FILES-',fE`f0\DRC\98CASES\04-09-98.WPD i i I I i I I 1 City of Southlake,Texas Recent submittals for your information. CASE DESCRIPTION 98-019 SITE PLAN Lot A, Block C, Briarwood Estates, Phase I Location: On the north side of State Highway 114 west corner of the intersection of State Highway 114 and Briarwood Drive Current Zoning: "C-2" Local Retail Commercial Owner and Applicant: Colonial Financial Services, Inc. 98-020 REVISED FINAL PLAT Lot 13, Block 1, Southlake Woods, Phase III Location: On the east side of Davis Boulevard approximately 750' south of the intersection of West Southlake Boulevard(F.M. 1709) and Davis Boulevard Current Zoning: "SF-20A" Single Family Residential District Applicant: Needham Wright Engineers Owner: The Cirrus Group 98-021 PLAT SHOWING/STAFF REVIEW Lot 4, W.R. Eaves No. 500 Addition Location: On the east side of Davis Boulevard approximately 450' south of the intersection of West Southlake Boulevard (F.M. 1709) and Davis Boulevard Current Zoning: "AG" Agricultural District Applicant: Needham Wright Engineers Owner: The Cirrus Group 98-022 CONCEPT PLAN Lot 4, J.G. Allen No. 18 Addition Location: On the north side of West Southlake Boulevard (F.M. 1709), approximately 350' west of Randol Mill Avenue Current Zoning: "C-3" General Commercial District Owner and Applicant: Southlake Crossing Animal Clinic 98-023 PLAT SHOWING Lots 10 & 11, O.W. Knight No. 899 Addition Location: On the east side of Pine Drive approximately 100' south of the intersection of Pine Drive and Pine Acres Court Current Zoning: "SF-IA" Single Family Residential District Owner and Applicant: Carolyn Ponder Y City of Southlake,Texas 98-024 REZONING/CONCEPT PLAN Remington Retirement, J.G. Allen Survey, Abstract 18, Tracts 4F, 4F l, 5A 1 B, 6A 1 and a portion of Tract 6B Location: On the south side of West Southlake Boulevard (F.M. 1709), south of the intersection of West Southlake Boulevard (F.M. 1709) and West Jellico Circle Current Zoning: "AG" Agricultural District and "CS" Community Service District Requested Zoning: "S-P-2" Generalized Site Plan Owner and Applicant: Lifestyles, Inc. 98-025 REZONING/CONCEPT PLAN Walgreens-Eisenhauer Plaza, Lot 2, Block 1 Location: On the southwest corner of East Southlake Boulevard (F.M. 1709) and Byron Nelson Parkway Current Zoning: "R-PUD" Residential Planned Unit Development District Requested Zoning: "C-2" Local Retail Commercial District Applicant: Lincoln Properties, Inc. Owner: Westerra Timarron, L.P. 98-026 AMENDED PLAT/STAFF REVIEW Lot 3R, Block 2, Coventry Manor, Phase I Location: 904 Turnberry Lane Current Zoning: "R-PUD" Residential Planned Unit Development District Owner and Applicant: Kosse Maykus L:\COMDEV\WP-FILES\MEMO\DRC\98CASES\03-26-98.WPD a City of Southlake, Texas MEMORANDUM April 3, 1998 TO: Shana K. Yelverton, Assistant City ylanager FROM: Billy Campbell, Director of Public Safety I SUBJECT: Award of bid to Casco Industries, Inc. for cylinder refill system. i i As you are aware, Fire Services advertised for bids on a compressor system for refilling air bottles used in fire fighting. The compressor system is a budgeted item approved by Council in the 1997/98 budget. Please place the award of this bid on the Consent Agenda for the April 7, 1998 City Council Meeting. For more information, see the attached memo from Deputy Director Wilson. Please contact me if you have an comments or questions. Y Y BC/bls Attachments: Bid Tabulation Sheet Memorandum from Deputy Director Wilson Bid from Casco Industries, Inc. i i i II SA-1 C Bid Tabulation Sheet fo r SCBA Cylinder Refill System Tuesday, March 3, 1998 10:00 a.m. @ City Hall 667 North Carroll Avenue Southlake, Texas Contractors Bid Bond Total Bid UWL CtMPNui,u) Attendees: � J t City of Southlake, Texas MEMORANDUM March 9, 1998 To: Billy Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Service Subject: Award of bid to Casco Industries Inc. for cylinder refill system I Fire Service budgeted and received approval from council to bid for a compressor system, for refilling self contained breathing apparatus bottles used in toxic atmospheres. Request for bids were advertised as required by City policy for two weeks then opened in the council chambers. The following record reflects the bids received. Casco Industries 38,500.00 Meets specifications. Eagle Compressors 41,675.40 Meets specifications. i Hoyt Enterprises 48,888.00 Meets specifications. Based on my review of the bids and specifications submitted, I recommend that Casco Industries Inc. be awarded the bid. i I am available for questions or comments you may have. GW/ ✓ i SA-3 Cylinder Refill System Bid Guidelines Preparation of Bids any explanation desired by a Bidder regarding the meaning or interpretation of the invitation, drawings, standards, provisions or instructions, must be requested in writing to the City of Southlake, attention Deputy Director Wilson, with sufficient time for a reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the bid will not be binding. Any information given to a prospective Bidder concerning an invitation will be furnished to all prospective Bidders as an amendment to the invitation, if such information is necessary to Bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed Bidders. Specifications Bidders are expected to examine the specifications, drawings, standards, provisions and all instructions. Failure to do so will be at the Bidder's risk. Bidders may provide a product exceeding specifications, as an alternate bid. Information Required � Each Bidder shall furnish the information required by the invitation. The Bidder shall sign the bid invitation, bid sheet, and when appropriate, specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of authority. A. The Bidder should quote its lowest price, F.O.B. Destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packing and transportation unless otherwise specified. Pricing shall be entered on the bid sheet in ink or typewritten. Totals shall be entered in the "total price" column of the bid sheet. In case of discrepancy between unit price and total price, the unit price will be presumed correct. B. Bids should be firm. If the Bidder, however, believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods. D. Tares. The City does not have to pay Federal Excise Tares, Texas or 1_ocal retail sales and use taxes. Tax exemption certificates can be provided upon request. E. Time, if stated as a number of days, will include Saturdays, Sundays and Holidays. Time i of delivery is part of the bid and is very important. The delivery date indicated is at the point of destination. F. "Approved equal" products are acceptable. Final "approved equal" determination remains with the City of Southlake. G. Bids submitted on other than City of Southlake forms or with different terms or provisions may not be considered as responsive bids. Submission of Bids A. Bids should be returned in a sealed envelope marked on the outside with the Bidders's name and address and the following information: Address: City of Southlake 1725 East 1709 Southlake, Texas 76092 Cylinder Refill System Bid March 3, 1998 B. Sealed bids may be delivered in person to the City of Southlake, 1725 East 1709 Southlake, Texas 76092 at the administrative secretary's office. C. Bids must be returned and stamped by 9:00 a.m. March 3, 1998. Bids received after the published time and date will not be accepted. Opening of Bids Bids will be opened at 10:00 a.m., March 3, 1998 at City Council Chambers located at 667 North Carroll Avenue, Southlake, Texas. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or telegraphic notice received by the City of Southlake, attention Deputy Director Wilson prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a Bidder or his authorized representative, provided identification is presented and the representative signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date set for the receipt of bids. Evaluation Factors A. tMost Advantageous Bid. The City will award purchase orders and contracts to the lowest �-- responsive and responsible Bidder which represents the most advantageous bid to the City, price and other factors considered. In determining the "most advantageous" bid or J.�'J 4 proposal, price quantifiable factors, and other factors are considered. This includes specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, product warranty, a Bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performance in other contracts with the City. B. Partial Awards. Bidders may furnish pricing for all or any portion of the bid invitation. Unless the Bidder specifies otherwise in the bid, the City may award the contract for any item or group of items shown on the bid invitation. C. Reservations. The City expressly reserves the right to: 1. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ?. Waive any defect, irregularity or informality in any bid or bidding procedure- 3. Reject or cancel any or all bids; 4. Reissue a bid invitation; 5. Extend the bid opening time and date; 6 Procure any item by other means; 7. Increase or decrease the quantity specified in the bid invitation, unless the Bidder specifies otherwise; 8. Consider and accept an alternate bid as provided herein when most advantageous to the City. Acceptance Acceptance of Bidder's offer will be in the form of a purchase order. Acceptance of Bidder's offer for supply agreements will be by acceptance letter. Subsequent purchase orders and release orders may be issued as appropriate. `�- Signature of Acknowledgement DA-6 City of Southlake Bid Sheet Refer to Bid Guidelines and Specifications before completing this form. This form must be completed and signed. Any deviation from the specifications must be noted on the specifications page under the "comments" section. Item Description (Detail) Defivery Date Quantity Unit Price Total Price FOB Destination F1 K V Company Name Phone Address Cite State zip Printed Name of Authorized Official Authorized Signature I ; 1 7 r,, Date Sianed SA-7 SOUTH LAKE DEPART.MENT OF PCBLIC SAFETY CYLNDER REFILL SYSTEM SPECIFICATION'S Unless all items are checked as to `Read and Accepted", the entire bid will be considered incomplete and nonresponsive. The "Comments" section for notations regarding a possible better, or equal, material, methods or service that does not increase the overall bid. I. CONFIGURATION A. The cylinder refill system (CRS) is capable of supplying Grade E breathable air for use with self contained breathing apparatus (SCBA). The CRS includes an air compressor, purification system, necessary safety shutdowns, indicators, storage, air control panel, and fill enclosure. B. The CRS requires only positioning, leveling, and connection of an electrical power source. C. The compressor is belt drive by an electric motor and is located over the motor. A rotary belt tensioner provides the correct belt tension. D. The system is designed to be positioned against a wall and is completely operational from the front side. All operator controls are located on the system at a2oroximate eve level. E. .-k-11 routine maintenance is performed without moving the unit away from the wall. F. T%e purifier is located within its own compartment and is mounted on slide rails that extend beyond the system framework for purifier service. G. Grilled access panels are supplied for inspection and maintenance of the compressor, purifier, and controls. H. A11 electrical controls are arranged in a separate NVE'LlvL-k I enclosure. I. The manufacturer of the compressor is also the manufacturer of the purifier. ACKNOWLEDGENfENT SIGNATURE: COMMENTS: I SA-S II COMPRESSOR A. The compressor block is an air cooled, oil lubricated, double acting (to reduce large and small end bearing loads), reciprocating piston type compressor. It is in a 90 degree configuration with the cylinders arranged to minimize vibration and maximum cooling. The compressor block is a twin vee design rated for 6,000 psig continuous duty with a charge rate of 24 cfrn. The crankshaft is constructed of spheroidal graphite cast iron and is mounted via anti friction ball bearings; the connecting rods are manufactured of high-tensile steel; the cylinders are manufactured of cast iron. B. The compressor is mounted on its own base using isolator pads to minimize vibrations. C. Lubrication is a combination of controlled splash, crankcase to inlet pressure differential. A controlled level of oil carry over lubricates the upper portion of the remaining cylinders. A totally sealed crankcase is provided to ensure that no contaminating vapors are released to the atmosphere. In the event of a low oil level condition, a protection switch signals the control panel which automatically shuts down the compressor. Alight on the control panel indicates the fault. D. To facilitate oil level inspection, top-off and draining, the oil access points are given a prominent position at the operator side of the unit, and is clearly accessible without obstruction. E. Compressor block to have been originally- designed for 6,000 psig ser"ice. Compressors originally designed 5,000 psig ser, ce and modified for 6,000 psig duty is not acceptable. III. 1 TERSTAGE GAUGE PANEL A gauge panel is supplied allowing an operator the ability to monitor pressure within inner and final stages of compression. ACKNOWLEDGEMENT SIGNATURE: CO,%LvLENTS- 3_,_O IN'. ELECTRIC MOTOR A. A NEMA 1, Class B insulated, open drip proof 20 HP electric motor, 230 volt, 3 Phase, 60 HZ is provided as a prime mover. The electric motor is located underneath the compressor and its baseplate. Belt tension from the drive belt is accomplished by means of a rotary belt tensioner thus eliminating the need for slotted baseplates that require periodic adjustments. B. Electrical Service 1. Southlake DPS is responsible for the installation and connection of the electrical power source, to include the following components: 2. Fusible disconnect with properly sized time delay fuses 3. Conductors sized to adequately supply power to the compressor 4. Flexible conduit from the fusible disconnect to the compressor's magnetic starter (contactor relay systems are unacceptable). N`" 5. The electrical service is in accordance with all local, state, and federal electrical codes. 6 The compressor is supplied with an earth ground. The electrical service is 230 jolts, 3 phase, 60 Hz. V. CONTROL SYSTEM A. The control system consists of all devices necessary to monitor the compressor performance and operations. Included as standard is an across-the-line magnetic starter with motor overload protection. It is equipped with a high air pressure switch to automatically start and stop the compressor in order to maintain preset system pressure. The control system is also equipped with a high air temperature and low oil level safety shutdown switches to meet OSHA 29 CFR 1910.134. A low oil level/pressure switch is provided to protect the compressor from a low oil ACKNOWLEDGEMENT SIGNATURE: t_- COINSIENTS: 5A-10 `�— situation. A power selector switch (on/of6'auto) with indicator light and a mushroom type emergency stop button is mounted on the front panel. B. A Carbon Monoxide Monitor and relay are installed as standard. The Carbon Monoxide (CO) Monitor is designed to continuously measure the CO content in the compressed breathing air. The monitor samples the compressed air after the purification system. The monitor is designed to display the CO level in the breathing air system and shut down the compressor when the preset maximum level is the breathing air system and shut down the compressor when the preset maximum level is sensed. The key components of the CO monitor are as follows: 1. CO Sensor 2. Sensor Module 3. Control Module 4. Calibration Panel C. A moisture monitor system and relay are installed as standard. The moisture monitor is designed to continuously measure the moisture content of the compressed breathing air. The monitor samples the compressed air after the purification system. The monitor displays the moisture level in the breathing air stream and shuts down the compressor when the preset maximum level is sensed. The key components of the moisture monitor are as follows: l. Moisture Monitor Probe Liquid Crystal Display (LCD) D. All electronics are rated for NEMA 1 service. E. Status lights are furnished to indicate system functions. F. The compressor contains a fault condition audible alarm. The low oil level or high air temperature fault switches activate an audible alarm to indicate that a fault shutdown has occurred. ACKNOWLEDGEvE ' SIGNATURE: c -�--� COUNTS: 4 DA-11 `Z. PUREFICATIOY SYSTEM A. The purifier is rated to process compressed air at 70 degrees F. inlet with a working pressure of 6,000 psig with a 4 to 1 safety factor. It is designed to purify compressed air by means of a mechanical separator to remove oil and water, chemical absorption of vapors and noxious gases, catalytic conversion of carbon monoxide, and filtration of particles so that the final air discharge meets grade E standards as defined by the Compressed Gas Association G-7-1989 and by NFPA 1500. The purifier utilizes disposable chemical cartridges: each including a 5 micron filter to prevent the discharge of chemical dust. A 1.0 micron, porous metal final filter is also included. Maximum flow is 75 SCFM at 2,000 psig with a nominal temperature range from 60 degrees F. to 120 degrees F. The purifier has a rated flow capacity of 85,000 SCF between cartridge changes and includes one -mechanical separator chamber, one 16" tall chemical chambers, and two »" tall chemical chambers for a total of three chambers. B. The purifier chambers are constructed of 304 stainless steel and has been originally t``"' designed and rated for 6,000 psig service. Purifier chambers are designed to vent tce air if a cartridge is installed incorrectly or is missing. Cartridges are "keyed" to assure they are installed in their proper chamber thus preventing improper ca.-tridge sequence. Purifier cartridge replacement and service of the mechanical separator element is accomplished without disconnecting system piping and hout the need for any special tools. C A color metric moisture monitor is installed in the purification system and continuously monitors moisture levels within the purifier to provide an early warning of pending chemical cartridge expiration. VH. "GENISYS" COMPUTER CONTROL SYSTEM A. i ne compressor/purifier is equipped with the following controls: i Computerized controller with LED's ACKN01;VLEDGEMEv'T SIGNATURE: � - -- �--- COMMENTS: 5 '_. 100-hour maintenance shutdown 3. 5-hour overtime shutdown 4. Master switch, off on 5. Emergency stop button 6. Non-resettable hour meter 7. Power-loss restart control 8. Motor starter with overload protection 9. Compressor purge cycle 10. Control voltage transformer 11. CO monitor interface 12. High Moisture warning interface 13. Cartridges expired shutdown 14. "Sonalert" audible alarm - 15. Low oil level (or pressure) shutdown interface 16. High air temperature shutdown 17. Condensate drain muffler/reservoir 18. Unloaded start & stop 19. Automatic start & stop 20. Automatic condensate drain system ACKNOWLEDGEMENT SIGNATURE: CONVAENTS: 6 SA-13 '`... B. Emergencv or abnormal conditions result in immediate compressor shutdown. The system is restarted by activating the master switch to "stop" (or of) and then to "start". The compressor does nor restart automatically after an abnormal shutdown or electrical power loss. A red, 2 1,14" emergency stop button is panel mounted for accessibility. C. Electronic Panel Display l. A panel-mounted display separately indicates normal and abnormal system functions. The message display provides a written text (0.20" high characters) for: Start-up Compressor Purge High Moisture Run High Air Temperature Service Purifier Stand-By Check Oil Overtime Timer Auto Drain Motor Overload Maintenance Timer Power Loss Emergency Stop Delayed Stop High CO Hour deter D. Shutdown Indicator Lights The low oil level or high air temperature fault switches have an indicator light withing the control panel to indicate that a fault shutdown has occurred. E. Fault Condition Audible Alarm The low oil level or high air temperature fault switches will activate an audible alarm to indicate that a fault shutdown has occurred. VM. AIR STORAGE SYSTEM A. The air storage receivers are located on the system framework behind the fill station in a vertical position and are incorporated as an integral part of the package. The top and side framework is open to permit visual inspection of the ACKNOWLEDGEMENT SIGNATURE: CO_'NfMENTS: 7 3 A-i T vessels and to perform routine maintenance. The system includes four (4) vessels with all necessary fittings, interconnecting lines, etc. to complete the storage ^Unction. B. The storage system consists of four storage vessels of the DOT type and each are rated for 509 SCF of air at 6,000 psig. Each vessel is plumbed in accordance with the appropriate standards for that particular type vessel (ASNtE or DOT) including all necessary gauges, relief valves, drain valves, and isolation valves. Standard fill plumbing is bulk piped. C. A storage control valve is included on the air control panel that allows the operator to divert the air from the compressor to either the filling of SCBAs only or to top off the storage vessels. LY. FILL ENCLOSURE A. The cylinder fill enclosure is capable of providing grade'I" breathable air for use «ith self contained breathing apparatus (SCBA). The system includes both fill controls and fill enclosure. '�- B. The fill enclosure provides safe and efficient filling of cylinders. The fill enclosure .ills three (3) cylinders separately or simultaneously and completely contains a c�under and metal fragments in the unlikely event of cylinder rupture during the r�liing process. Further, the enclosure is designed to vent rapidly expanding air a,.,,-ay from the faces of operators and bystanders. Any design which does rot totally enclose cylinders during the fill process is unacceptable. Any design which oro,,ides shielding rather than containment is unacceptable. C. The fill enclosure is designed with all controls visible and operational from the front so that the fill process can be accomplished from the enclosure's front side. D. A 3/8" thick diamond plate aluminum vertically sliding single piece access door is prodded for loading and unloading cylinders. For additional protection, an automatic, pneumatically operated safety interlock prevents the filling of cylinders unless the access door is fully closed. ACKNOWLEDGEMENT SIGNATURE. �J - CONLMENTS: 8 5_a-1 E. A tilt out rack is provided inside the fill enclosure to hold up to three (3) SCB A/SCUBA cylinders during the fill process. The cylinder rack is furnished with Teflon F. Three (3) fill hoses are located within the enclosure for additional operator protection. Each fill hose is equipped with a CGA 347 fill adapter. Three (3) CGA 347 male adapters are provided inside the enclosure to secure fill hoses when not in use to protect the thread ends and o-rings. G. The entire enclosure is totally pneumatically powered thus not requiring any electricity to operate. This permits the filling of cylinders in the event of power loss to the system. H. A system regulated outlet is provided to accommodate the recharging of mobile cascade systems. This outlet is mounted on the side of the fill enclosure to prevent confusion with routine cylinder filling. The outlet consists of a line valve and an appropriate quick disconnect male fitting. X. AIR CONTROL PAINEL A. The air control panel distributes and controls air flow and pressure within the system. The control panel includes the following functions: i. Filling of storage system directly from the compressor Filling of SCB_3s directly from the storage system 3. By-pass storage system to top off cylinders with compressor 4. Regulate cylinder fill pressure 5. Control cylinder fill rate 6. Bleed fill hoses B. As a minimum, the air control panel includes the following components: ACKNOWLEDGEMENT SIGNATURE: C011LLIENTS: 9 1. Storage control valve Supply pressure gauge 3 Storage check valve 4. Compressor check valve Adjustable pressure regulator 6_ Regulated pressure gauge 7. Cylinder fill valve 8. Cylinder pressure gauge 9. Fill hose bleed valve 10. Fill hose bleed muffler C. The air control panel is equipped with a single, hand adjustable pressure regulator. The regulator is rated for inlet pressures to 6,000 psig and provides a reduced pressure range of 50 to 6,OOOpsig. D. The regulator is a heavy duty type with a solid aluminum body and is self-relieving. The regulator is located on the air control panel. E The storage fill valve is automatically operated. An automatic pressure type directional valve is provided so that no operator action is required for the storage control valve function. This automatic storage fill valve is located behind the air control panel, not accessible by normal operating personnel, and provides the following functions: Position Function Automatic (On) Route air to storage system when air is not required for filling cylinders. ACKNOWLEDGEMENT SIGNATURE: — --� CONDJENTS: 10 -.a-l7 r� Position Function Automatic (Off) Bypass storage to top of cylinders when storage pressure is not sufficient XI. AL:YILLARY OUTLET A. High Pressure Regulated. The auxiliary outlet provides regulated air and is equipped with a single, hand adjustable pressure regulator. The regulator is rated for inlet pressures to 6,000 psig and provides a reduced pressure range of 50 to 6,000 psig on the outlet. The regulator is a heavy duty type with solid aluminum body. The outlet is mounted on a recessed panel on the side of the fill enclosure and also includes a panel mounted regulated pressure gauge, line valve, and CGA qpe male connection with dust cap. B. Low Pressure Regulated The auxiliary outlet provides regulated air and is an adjustable pressure regulator to provide pressures to 200 psig. The regulator is rated for inlet pressures to 6,000. The regulator is a heavy duty type with a solid aluminum body. The outlet is an integral part of the fill enclosure and also includes a regulated pressure gauge, pressure relief valve (set �a. 200 psig) and male/female Q,,.; ck disconnections. ACKNOWLEDGEMENT SIGtiATURE- ,ONMENTS: 11 COMPRESSORS Supersedes: Mach 1994 .�� SCope t ,. refill self- $DeCiti..d:.ia% iGi a Gr2at..ii+y air S+.d�.lvn �.. C vi,t3.n ed I., eathiny apparatus alas SCBr�,� vyl in'�..erg iir- h N'..ir; _ air that meets Or exceeds the req'ire-ments of CGA Pamphlet r:_7 Compressed air For Human Respiration, the requirements of ANSI/CGA G-7 . 1, Commodity Specification For Air, Grade E, and all other recognized standards for respirable air. The breathing air station shall be comprised, in part, of a high pressure compressor and purification system, storage system, cascade fill control panel and a containment fill station. The station shall be designed for a maximum working pressure of 6, 000 psig . All equipment shall be new and of current ' design and manufacture. Used or refurbished equipment is unacceptable. Bauer Model: UNICUS II (UNII) 6000 PSIG The Prodigy Series The breathing air station shall be supplied on a structural steel frame of welded construction. The frame shall be designed for both the static and dynamic loads of the system and of sufficient size to adeq',:ately accommodate all of the station's components. The compressor, purification system, fill station outer enclosure and all tubing shall be enclosed with sound attenuating panels. Each enclosure access panel shall be equipped with a slam-action latch and lift-off hinges. The station shall be designed for against-the-wall installation, operation and maintenance and single-point operator control from the front of the station. The design of the station shall permit ..:restricted cooling air flow to the compressor and motor when installed against a gall. All systen instru`:entation, controls and access to the containment fill station shall be located at the front o= the station. The station shall be designed to fit through a standard 36" doorway. The station shall be designed for operation indoors with room temperatures ranging between 40 0. and 115 OF`' . Installation shall not require a special foundation; however, it is the res�,onsibility of the purchaser to ensure the installation site has a solid and level foundation that can support the weight of the station, the availability of a qualified source of air for the intake of the compressor and adequate ventilation. All piping and tubing shall be properly supported and protected to prevent damage from vibration during shipment, operation, or maintenance. Piping and tubing shall be installed in a neat and orderly arrangement, adapting to the contours of the station. All instrument tubing shall be 300 series stainless steel . The station shall be warranted free from defects in material and workmanship for a period of eighteen months from date of shipment UNIT 6000 1 of 9 FEBRUARY 1995 757 COMPRESSORS.' Supersedes: March 19% or twelve months from date of start-up, whichever expires first. The warranty shall not impose limitations on the station's accumulated operating hours during the warranty period. Performancg Refer to Tables 1 and 2 to select a Bauer Model Unicus II Prodigy 6, 000 PSIG for your breathing air needs. TABLE 1 CHRG AIR PROCESSING UN I1 FADS RAT84 COMP. PURIFICATION CAPABILITY5 MODEL SCFM SCFM HP MDL. SYSTEM (CU. FT. ) UNII 8 7. 0 ( 8. 4 7. 5 K14 . 11 P2 W/SECURUS 67,000 UNII i0 8. 5 10. 2 i 10.0 � K14. 11 P2 W/SECURUS 67, 000 ; NTI 13 11. 0 13. 2 10.0 K18 . 1 P5 WjSECURUS 150,000 UNII 19 1E, 0 19.2 15 . 0� K18. 1 P5 W/SECURUS 150, 000 UNII 25 21. 0 25.2 20.01 K18 . 1 P10 W/SECURUS 230, 000 TABLE 2 SCBA FILLS PER HOUR FROM 2 ASME FROM 4 ASME UN II 12216 PSI14500 PSI 2216 PSI 4500 PSIi MODEL 45 CF , 45 CF 45 CF 45 CF UNII 8 33 20 58 40 UNII 10 35 22 60 42 t UN17 13 40 26 65 46 UNII 19 48 34 73 54 I UNII 25 57 41 ' 82 61 SCBA fills per hour = ((FAD x 60 miNhr) / ((SCBA vat. a: tilt pressure) (SCBA vvl. at 500 psig))] SCBA fills frm storage UNII 6000 2 of 9 FEBRUARY 1995 �_,-,0 COMPRESSORS Suoersedes: March 1994 COmpress_or The compressor shall be an air-cooled, oil lubricated, four- .o= five stag* four cylinder, single actin , reciprocating compressor . The crankcase shall be cast of a ...g; strength, aluminum alloy. The crankshaft shall be of single piece forged steel -construction and supported in the crankcase by three long- life roller bearings. The connecting ..rods~.;,x4&411_._ be of single piece design and constructed of a high strengt?i-`-al"uminum alloys. Each connecting rod shall incorporate a roller bearing at the crank end and a needle bearing at the pin end. The pistons shall be constructed of an aluminum alloy. Piston rings shall be cast iron. The final stage shall incorporate a ringless, free floating, solid carbon steel piston which is driven by a guide piston and the previous stage's discharge pressure. The cylinders shall be of cast iron construction with deep cooling fins on the external surface for optimum heat dissipation. The cylinders shall be arranged in a dynamically balanced, diametrically opposed "X" configuration with each cylinder located directly in the cooling fan's blast. The cylinders shall be removable from the crankcase. The compressor's flywheel shall be a cast aluminum alloy. A multi-wing, high velocity cooling fan shall be integral to the flywheel. The fan wings shall be replaceable. An intercooler shall be provided after each stage of compression and an aftercooler shall be provided after the final stage of compression. The coolers shall be individually detachable from the compressor, located directly in the cooling fan' s blast and :jade of a corrosion, resistant material. The aftercooler shall be designed to cool the discharge air to within 18 °F of ambient temperature. A cco'_-down cycle shall not be required prior to stopping the compressor. A separator shall be supplied after the second and third stages of compression., and after the fourth stage on five stage compressors, and a coalescing separator shall be supplied at the discharge of the compressor. An automatic condensate drain (A.C. D. ) system shall be supplied for all of the separators. Adjustable drain timers shall be factory preset to drain the separators approximately every fifteen minutes for approximately six seconds. The A.C. D. system shall unload the compressor on shutdown for unloaded restart. An exhaust muffler and condensate reservoir stall be supplied. The condensate reservoir shall have a high liquid level indication system to alert the operator that the condensate reservoir is near capacity. A light to indicate the reservoir is near capacity shall be installed on the instrument panel. Manually operated valves shall be supplied to override the automatic operation of the A. C.D. system for test and maintenance purposes. t` UNII 6000 3 of 9 FEBRUARY 1995 COMPRESSORS' Supersedes: Karon 1994 The compressor shall be lubricated by a combination splash and pressure lubrication system. The final stage of compression shaii be lubricated by a pressurized lubrication circuit. The other stages and the driving gear shall be splash lubricated. The pressure lubrication circuit shall include a positive displacement oil pump, belt driven by the crankshaft, an in-line oil filter and a pressure regulator. A dipstick shall be included to check the oil level . The oil drain for the compressor shall be piped to the outside of the frame. :he compressor shall be equipped with an inlet filter with replaceable particulate element. An inlet filter maintenance indicator shall be installed on the instrument panel . Prime Mover and V-Belt Drive The electric motor shall be of the open drip-proof (ODP) design. The motor voltage, phase and frequency shall be specified by the purchaser. The compressor and motor shall be mounted on a common base that is vibration isolated from the station's main frame. The compressor and motor shall be arranged in a vertical design. Power from the motor shall be transmitted to the compressor by a -belt drive. The v-belt drive shall be designed to tighten the -?rive belts automatically. Potation arrows shall be affixed in a conspicuous place on the compressor. Electrical Control The motor control center (MCC) shall include an across-the-line magnetic motor starter, fused transformer and a printed circuit board. The electrical panel installed in the MCC shall be built J - conpliance to U. L. ' s Industrial Control Panel Custom Builders Program and stall be affixed with a U. L. label . An OFF/ON selector switch shall be mounted in the instrument panel . When the selector switch is in the "ON" position, the compressor/-rotor shall automatically start and stop to maintain the system' s operating pressure Letween the high and low set points of the final pressure switch. A nonresettable hour-meter shall be supplied to record the number of compressor operating hours. The hourmeter shall be installed the _nst=-unent panel . The compressor cif pressure shall be monitored by a pressure switch and pressure gauge installed in the instrument panel. The compressor shall shut down and a fault light illuminate should the compressor' s oil pressure drop below the factory preset value during operation. The oil pressure switch shall be by-passed during start-up to permit the oil pump to achieve the normal operating pressure. UNII 6000 4 of 9 FEBRUARY 1995 a s COMPRESSORS Superseews: March 1994 A temperature switch shall be supplied on the discharge line of the final stage of compression. The compressor shall shut down and a fault light illuminate should the final stage discharge temperature exceed the tamper-proo-f set point during Operation. Fault shut downs shall not affect the ability to fill SCBA cylinders from the storage system as long as there is sufficient pressure in the storage system to fill them. All fault lights shall be mounted in the instrument panel and shall be red in color. Each fault light shall be labeled with an engraved nameplate. Purification system The purification system shall purify high pressure air to a quality that meets or exceeds the requirements of CGA Pamphlet G- 7 , compressed Air For Human Respiration, ANSI/CGA G-7. 1, Commodity Specification For Air, Grade E, and all other recognized standards for breathing air. Purification shall be achieved by mechanical separation of condensed oil and water droplets, adsorption of vaporous water by a desiccant, adsorption of oil vapor and elimination of noxious odors by activated carbor., and conversion of carbon monoxide to respirable levels of carbon dioxide by catalyst. The high pressure purification chambers shall have a working pressure of 6,000 psig. The purification system shall utilize replaceable cartridges. The purification system shall be designed so that the replacement of the cartridges can be accomplished without disconnecting system piping. The design of the chambers shall preclude the possibility of operating the systen without cartridges installed or with improperly installed cartridges. A :,leed valve shall be provided to vent the purification system to facilitate replacing the cartridges. A pressure maintaining valve and a check valve shall be supplied downstream of the purification system to increase the efficiency of the purification system by maintaining a positive back pressure. A check valve shall be supplied between the coalescing separator on the compressor's discharge line and the purification system to maintain the positive pressure in the purification system when the compressor shuts down. :^e purification system shall include Bauer's patented Securus Electronic Moisture monitor System7 . A sensor shall be located in the Securus purifier cartridge for direct monitoring of moisture levels. A display module, to indicate the status of the Securus cartridge, shall be supplied in the instrument panel . Securus system shall warn the operator, in advance, of the impending expiration of the Securus cartridge. The compressor shall shut down automatically should the operator fail to change the Securus cartridge within the warning period. The compressor shall not be capable of restarting until the used cartridge is UNII 6000 5 of 9 FEBRUARY 1995 :\- { COMPRESSORS $aDCrg fig: Ma^C1 1994 replaced with a new ones. The moisture monitoring system shall be of a fail-safe design. Should the electrical contact between the display module and sensor be disconnected, an immediate fault shut down s:.ail be effected. For absolute safety and highest quality breathing air, no manual override shall be supplied for the moisture monitor. Instrument 1!&Ael A stainless steel instrument panel shall be installed on the front of the station. The instrument panel shall include, at a minimum, a pressure gauge for each stage of compression, pressure gauge for compressor oil pressure, OFF/ON selector switch, rourmeter, inlet filter maintenance indicator, power-on light, Securus display module, condensate reservoir capacity indicator and fault lights . The instrument panel shall be located and arranged for visibility and easy access by the operator and for accessibility for inspection and maintenance. All components installed in the instrument panel shall be securely supported to eliminate vibration and undue force on instrument piping and to prevent damage during shipment, storage, operation, and maintenance. All instrument panel mounted pressure gauges shall have a 2 1/Z" diameter face and be liquid filled. Each panel mounted component shall be labeled with a n engraved nameplate. Cascade Fill Control Panel A stainless steel cascade fill control panel shall be installed on the front of the station. The control panel shall be factory ciped for four storage banks and designed to fill three SCBA cylinders either independently or simultaneously. The control Dane! shall include, at a minimum, a manual 3-way valve to route the purified air to either the storage system or directly to the fill station, a manual control valve and pressure gauge for each storage bark, an adjustable regulator for SCBA cylinder fill pressure complete with a pressure gauge for inlet and regulated pressure and a relief valve to protect the SCBA cylinders from overfilling, a manual control valve and pressure gauge for each fill position, provisions for factory or field modification to allow a different fill pressure at each fill position, and a flow diagram for the control panel pinstriped directly on the panel. .Ml control panel mounted pressure gauges shall have a 2 1/2" diameter face and be liquid filled. A fluorescent light shall be factory installed above the panel to provide glare-free illumination of the control panel . A panel mounted on/off switch shall be supplied for the light. All panel mounted components shall be labeled with an engraved nameplate. UNII 6000 6 of 9 FEBRUARY 1995 _DA-_4 COMPRESSORS' Supersedes: March 1994 ..� Air Storage The air storage system shall include two receivers fabricated, tested and stamped in accordance to Section VIII of the ASME Boiler and Pressure Vessel Code. The receivers shall have a 3 : 1 safety factor at 6000 psig (7000 psig MA'riP at 200 oF) 8 Each receiver shall have a capacity of 481 of at 6000 psig9. The receivers shall be mounted in a vertical configuration in a rack that is integral to the station's frame. The rack shall e designed to accommodate four identical receivers. The recei bvers shall be installed in accordance with 29 CFR 1910. 169. The rack shall be designed to support the receivers in a secure manner and permit visual inspection of the receivers' external surface. 7ach receiver shall be supplied with a manual drain valve, installed at the lowest point of each receiver, an isolation valve, and a spring-loaded safety valve. Each receiver, or bank of receivers if additional storage is required, shall be piped to the cascade fill control panel to facilitate cascade filling. Containment Fill Station A front loading, three position, containment fill station shall be located at the front of the breathing air station. The fill station shall totally enclose the SCBA cylinders during the refilling process. The fill station shall contain the cylinder and any fragments of the cylinder and vent the expanding air away from the operator in the unlikely event of a cylinder rupturing while being filled. Tho f=11 station' s outer enclosure shall be constructed of 1/4 inch thick steel . :he fill station door shall be constructed tf 1/4 inch thick steel plate and reinforced by three - 1/4 inch thick steel cylinder holders, providing a 1/2 inch thick steel protective safety barrier between the operator and the refilling process. The cuter enclosure shall be welded into the frane. The fill station shall be ergonomically designed for maximum operator convenience and safety for refilling cylinders. The fill station door and cylinder holder assembly shall tilt out towards the operator, providing unobstructed access to the cylinder holder to load and unload the cylinders at waist height. A slip resistant handle and heavy-duty gas spring shall be incorporated into the design of the fill station to assist the operator in opening and closing the fill station door. Each cylinder holder shall be lines! with UHM'ri polyethylene strips to prevent scuffing the outer surface of the SCBA cylinders. Fcr collaplete operator protection, the fill station shall include a three-point pneumatic safety interlock system that will prevent refilling SCBA cylinders unless the fill station door is closed and secured in the closed position. o,` UNII 6000 7 of 9 FESRUARY 1995 JA 7 J s COMPRESSORS Supersedes: Mar:!, 1994 Three fill hoses shall be located within the fill station. Each fill hose shall be equipped with a bleed valve and SCSA fill adapter of choice. CGA 346 male adapters shall be provided to anchor the fill hoses when not in use. Testing and Preparation for shipment The breathing air station shall Le tested by the µanufacturer prior to shipment. A copy of the manufacturer' s test report shall accompany the station at shipment. A manufacturer's nameplate shall be securely affixed to the frame ;n a conspicuous location. The nameplate shall include, at a minimum, manufacturer's name, model number and serial number, compressor block number, system operating pressure, compressor operating speed, compressor capacity and charging rate, motor horsepower, voltage, frequency, amperage, and date of manufacture. The station shall be suitably prepared for motor freight transport. The station shall be bolted to a wooden pallet, wrapped in sheet plastic, and fully protected by a wooden crate. The compressor intake and similar openings shall be suitably covered. Component parts, loose parts or associated spare parts shall be packaged separately and shipped on the same pallet if feasible. Documentation A documentation package shall be sipplied with the station. The documentation package shall include, at a minimum, an operatic^ manual, recotmended spare parts list, warranty information and a start-up/warranty registration form. T::e Operator ' s instruction and Maintenance manual for the breathing air station shall be as detailed as possible, outlining all operation and maintenance instructions. The manual shall include detailed illustrated drawings for the compressor block and all system components along with a complete parts listing for all illustrated components. Warnings and safety precautions shall be identified clearly in the manual. Available Accessories The following shall be offered by the manufacturer as accessories tc the breathing air station: -- Two additional ASME receivers -- Storage system with DOT 6000 psi cylinders -- Carbon monoxide monitor with calibration kit -- Audible alarm for all safety shutdowns UNII 6000 8 of 9 FEBRUARY 1995 5_� -6 COMPRESSORS Supersedes: Ma"C.1 1994 Available Accessories (con' t. ) -- Remote Cutlet with bulk�,,ead fitting, regulator, pressure gauge and craick connect coupling -- Automatic prioritized storage refill system -- Maintenance timer -- Overtime timer -- Dual pressure cylinder refill system -- Hose reel -- Programmable logic controller (PLC) Reference outline dimension drawing: ASY-0529 1 5, 000 psiy available, see specification Unicus II Prodigy 5, 00C PSIG. 2 Please consult the Bauer factory for applications outside of this temperature range. 3 Based on standard inlet conditions. 4 Based on recharging an 8o of cylinder from 500 to 3 , 000 psig. 5 Based on an inlet temperature of 70 OF. 6 The K14 . 11 is a four stage compressor, the K18. 1 is a five stage compressor. U.S. Patent Number 4 , 828, 589 8 Replace all cartridges at the same time. 9 Capacity referenced to 70 OF. UNII 6000 9 of 9 FEBRUARY 1995 .DA-,- � • . r �� II II 4 � I — Y Co till; i ay r i� its a � �� it - --' -- � ►•� _ i 4 ,� II ISM I 1 IiR Q III i 1 i i D_\-2S SI COMP-TRONIC COMPRESSOR CONTROL SYSTEM FOR BAUER COMPRESSORS The BAUER COMP-T RONIC is a full-featured, mu tf-fu=,k nal microprocessor based logic coned system tt^.at has been designed by BAUER engineers specifically for BAUER compressors. The COMP-TRONIC offers many features which are typk:aJly found only on programmable logic controllers (PLCs). TTte COMP-TRONIC compressor control system consists of a main printed circuit board (PCS), control and moni`toring unit, and monitoring instruments. COMP-TRONIC will adapt, through applications software, to a wide variety of compressor control and monitoring requirements. It Is programed in EPROM memory, by BAUER engineers, to customer specifications. The program is secure from outside interference, but the operating parameters are field-adjustable. This feature makes the COMP-TRRONIC extremely versatile and adaptable to changes in the operating environment. Should the program logic need to be altered, a new-'chip'can be ordered and simply 'plugged'into the main control board. The COMP-TRONIC Incorporates a user-friendly control and monitoring unit which features a two line, 24 character, alpha-numeric, liquid crystal display (LCO) and a key pad which provides Elite operator access to t1'te field adjustable parameters. The two display Ml display operating, maintenance and error messages. Maintenance messages for Intake f2ter exchange, oA and oa r+tter exchange and valve inspection are included in every program. Over 90 operating, maintenance and error messages are available to choose from on a fully expanded COMP-TRONIC system. The COMP•T RONIC system displays messages in two (2) user selectable languages. The user can 'toggle' between the languages at any time. The following languages are available in addition to the (standard) English language: German, French. Italian, Spanish and Swedish. Other languages wi11 be available in the ULM Up to 3 control and monitoring units can be used on one compressor unit when an extension board is added to the main board. The compressor can be controlled from any of the control and monitoring units. An auxiliary beard ^an be added tc expard the features cf the COMP•TAONIC system. The auxiliary ^card otters 8 add licral digital inputs, 1 out purt relay for an unloader solenoid valve and 3 output relays for additional condensate drain vaives. COMP-TRONIC FEATURE$ (standard model) o Custom programming o Adjustable operating parameters o EPROM memory c LCD display for operating conditions/status, maintenance messages, error messages (alarms), configuration data and adjustable parameters o On-board hourrrver o Overtime shutdown C Alarm and warning LEDs 0 Compressor oft/on push buCOrs o Reset kev z)Adjustment keys o User selectable semi or fully automatic operation o Printer interface (RS 232) to print cut operating parameters and error (alas.) history c 8 analog inputs o a digital inputs o Built-in SECURUS electronics (SECURUS purification optional) a 3 relays for motor contactors for across-the-line or reduced voltage starting o 2 relays for Automatic Condensate Drain solenoids o Test buttons for Automatic Condensate Drain system c\.•fists\ssies\HE91 t�tCvS 16 Rev.2/12"ge SA-29 COMPRESSORS Q., SECL`RUS CO`'TINTOUS ELECTRONIC AIR PURIFICATION NIQN-ITORING SYSTEM The Bauer SECL'RUS* is an electronic device developed by our Product Engineering Group in response to the respiratory breathin,& air ind,=17's requirement for a safe, r eliable, dependable means of continuous in-line monitorng of the performance of cartridge type adsorbent bed air purification systems. SECURUS is basically a "go/no go" device with a fail safe feature that alerts when the moisture content of the compressed purified air reaches preset thresholds. The first alert point occurs when the atmospheric pressure dewpoint of the compressed air reaches -750F (11 ppm V moisture). This alert point is indicated by a yellow panel mounted light. When illuminated it indicates that the purifier cartnd e has about four hours of useful life remaining and in that time the purifier cartridges) need to be replaced. The second threshold is reached when the atmospheric pressure dewpoint of the Liurined air reaches -68oF (20 ppm V moisture content). When :his occurs the yellow ght extinguishes, a red lamp illuminates and the compressor is automatically stopped, indicating that the air purifier cartridge has folly expended its useful life. TLe comnoressor can be res:a-ted only a-te; the used purifier cartridges-are replaced •�:tti fres� ones. No over-ride is provided. SFCL-RUS is unique in that its moisture sensor is located directly inside the purification cartridge rather than in a measuring cell installed downstream from the purifier as it is in other type systems. Another very important feature of SECURUS is that, unlike most in-line rioaitors, it does not require a warm-up period for stabilization that, in some cases, car. be as long as ten rri.nutes. SECURUS is activated instantly on compressor start-up. William Wea';Cr July 24, 1996 U.S. Patent Number 4,828,589 1 -)A-30 -F-�_ is COMPRESSORS SAUER COMPRESSORS, INC. 1328 AZALEA GARDE* =,CAS NOR=CLK. V:RGINIA 23502 TE:=—R~aCti=—. a04-855-9.cca Tom_==AX• 804-8�5-022= NMEMORA. DL-1 TO: Distribution SUBJECT: Four Stage versus Five Stage DATE: May 20, 1996 Recently one of our distributors found himself in a competitive bidding situation in which the buyer's purchase specification called for a 6,000 PSI air compressor. Our distributor's competitor quoted a four stage compressor while our distributor had to offer a more expensive five stage compressor. The distributor's question to us was how could he convince the purchaser that he should choose the more expensive Bauer five stage compressor over the cheaper Brand X four stage machine? OUR RESPOVSE: r..► We have found that the most effective approach in this situation is to cite the rule the higher the compression, ratio's the higher the cylinder head temperature"1 Aa- extreme example, if we were to take atmospheric air at 14.7 PSIS► and 60OF ambient temperature and compress it to 6000 PSI in a single stage, we would be taking 409 compression ratio's per stage. The temperature in the single cylinder would be approximately 2,34011F. However, if we were to take the same set of conditions, except compress the air in four stases, or 4,49 ratio's per stage, the temperature in the cylinder heads will be approximately 3320F, and if we proceed further and add a fifth stage,we would see that the number of ratio's becomes only 3.32 per stage. This results in an inner cylinder head temperature of only 2680F. Remember, all of the above is based on an ambient temperature of 600F. What happens at higher ambient temperatures? The answer is illustrated by the tabulated data shown below: Inlet Temperature Number of Compressor Cylinder Head Stages / Ratio's Temperature 70OF 4 / 4.49 34 7 of 70OF 5 J 3.32 281OF 80OF 4 / 4.49 3620F 80OF 5 ,� 3.32 2950F 90OF 4 / 4.49 3770F 90OF 5 / 3.32 309OF 950F 4 / 4.49 3850F 950F 5 / 3.32 316OF 3a-31 Dat::but:o:: tiie:r:o Pa c� 7 .714 a- Mav 20, 1996 What are the benefits of the five stage compressor to the customer? -- Less compression ratio's per stage = less heat = less friction = less wear = LONGER COMPRESSOR LIFE -- Taking fewer compression ratio's per stage means using less horsepower per stage = greater efficiency, SAVES EN-ERGY -- The compressor will run cooler; this means that the lubricating oil well last longer, resulting in fewer oil changes = ECONOMY -- If the compressor is being utilized in conjunction with an adsorbent bed type dryer or air purification system, the lower final stage temperature of the five stage compressor will enhance the life of the adsorbent media = ECONOMY -- Most important, refer to the American Petroleum Institutes (A.P.I.) standard specification for reciprocating compressors. A.P.I. standard I1P, paragraph 2,3, Section 2 states that the discharge temperature must not exceed 350 F at any stage. A.P.I. 618, paragraph 2.3.1. states that the maximum allowable discharge temperature of a reciprocating compressor shall not exceed 3000F. A copy of the relevant page from each of the A.P.I. standard specifications are enclosed. I am also enclo,ing a calcuia:ed adiabatic discharge temperatures curve which further illustrates the advantage of the five stage compressor versus the four stage compressor ir. 6000 PSI service. I %CYe ;rvti f itu till$ ile,pl li i Cali aiS'w'C: 3-,y ytiCviviis, please let Cite Luµ. Regards, BALER COMPRESSORS, INC. William Weaver WWjtbb Enclosed: Sheet from A.P.I. 11P Sheet from A.P.I. 618 Curve Distribution Breathing Air Agents and Distributors BCI Sales Bauer San Francisco 3_a-3'_ COMPRESSORS The advantages of Bauer' s Free-Floating, Ringless Piston As the pressure increases from the 1st through the final stage of compression, the diameter of the pistons is reduced accordingly. Thus, piston rings for the final stage of compression are relatively small. These rings are brittle and are easily broken during removal and reassembly. For high pressures, generally more than 3 piston rings are required. Proper lubrication of the upper rings is difficult to accomplish. The nature of their design causes abrasion of the cylinder wall, causing additional heat and the build up of metal particles. The solid carbon steel, ringless, free-gloating piston design eliminates the problems associated with small ringed pistons. The free-floating piston fits within a sleeve, and the piston and sleeve assembly forms a sturdy unit that fits within the upper part of the final stage cylinder. The oil pressure in the final stage of compression is factory set to attain a pressure equilibrium around the piston to seal and prevent blow-by. A thin film of oil provides the necessary lubrication for the piston to ' float' within the sleeve. As piston rings are not used, cylinder wear is minimal and additional heat is not generated. Maintenance is simplified as the piston and sleeve assembly is replaceable as a single unit, thus reducing the down time for repair. These advantages provide longer life and lower operating and rua.6 %,- n ce costs. The ringless, free-floating piston is used in the final stage of compression on Bauer Models Varius thru K180 (2 . 3 - 22 scfm, 2 - 20 HP) . OTHERS BAUER 777 i r SA-33 � Pl aECIPAOCA7POG C-WpZSSGas ;=-'R GE XAL CtE:--'NE'iY SEWCES 5 �vrnder all confirm I= adequate rid Mva-sal exists for not intended as a merits to i:c:rssG ►e �lawable disch G s;Z each condition. Refer to : •._-. temperature, is coos.,,»ended for additional safety (see 41.18 COmp,�ss:..rs d:,r-n by indueticn motors shall be ^ rued u L,,c acrral ::rotor speed for the raced load condiacn. 2.4 Rod Loadings ncc at Synch-minus Spec-, 2..4.1 The combined rod loading sltail mot exceed the • 2.2 Allowable Speeds manufacturers maximum allowable continuous rod loading for the compressor as any specified ope:uiaZ load step. Compressors shall be conservatively rated at a speed not These combined rod loads shall be calculated on the basis of in excess of that ka-iown by the manufac'Urer tv result in low the setpoint pressutt of the discharge relief valve and the maintenance and rouble•h^ec opemuon under the specified normal suction pressure cor:ospendine to each load step. service conditions. The maxim um aecepubie average piston speed tin fee; per minute or meters per second) and the 2.4.2 For all specified operating load steps. the horizontal maximum acceptable spccd(in rrvoiuuons per minute)may component of combined rod loading shall fully reverse x spe fled by he purchaser where experience indicates between the crosshead pin and bushing during any complete ,�.at t specified limits should net be exceeded for a given turn of the crankshaft. As a general guide, the duration of service. this reversal shall not be less than 15 degrees(0.26 radians) ot;oT restan�� hocilubri of crank angle. and the magnitude of the peak combined w*c.GcnerC:V.the t-turvc acd Anton spec& y cued.er.�ces should be less trait tlwse in)abncated smtco reversed load shall be at least 3 percent Of the aC^.al :Or=' bined load in the opposite direction- (l Most cases. this 2.3 (Allowable Discharge Temperature I reversal is required :o maintain proper !ubnca:ien between t the crosshead pin arid bushing.) • 2.3.1 Th,-_r,-uimum actual discharge temperature shall _net e:cced 30C F (Is9 C). This limit shall hold for all specified operating and !oad conditions, when applicable. 2.5 Critical Speeds he vendor shall provide the_purchamr_with both the P.5' 2.5.1 The comoressor vendor shall assuMc .uil responst- 3icted and adiabatic discharge temperature nse. Special � bility for the performance of necessary lateral and torsional consideration shall be given to services (such as high-pros- studies and the elimination of any lateral or torsional vibra- ire_ i ydroger.. er appiicacions squiring nonlubricated col- ;ions that may hinder the operation of the compete unit ;riders; Where ;c npera:t. a limaauvns should be lower. 1 within the specified operacir.g range. in any spect:icd loading crar?e re.ripen::-s sea:! of exceed _'S F (t 35 C) for step. The vendor shall inferri trio par:chasr, of all criticai hvd:og:n rich services ; no)ecu!ar -CXI( of i_ or less). speeds from dead stop to trip speed or synchronous speed Sx;ia! cases s'all rx rioted try trio par~rinse; On the data ;hat ec:ur durirz atceaeration or deceic:xion (see 5.=.3.1. sncc:s. Item f). •;i,TE: T'x ere^�st n}rbine dtsehi"Se to rtpenturt vr,ll +ary from the ad4iimic tC+�tca deoe+ding on wch.'actors Ls .`.c pow -:np:t to a cylutdtr.the 2.5.2 For geared ini:s invoiv.ng tithe: erector or ratio cty„ ,tin. stir ;tie cylinder.;he uutface uza of the tooting drivers the vender shall perforrn a torsional analysis of tite passages. and Jx velocity of the coolzm With low power sod small cyiindcrs. he scstai;cmpelwwe as t c bciw adiabatic.witjcA rang Wowcortptrssor•gcar�rivtr system. Torsional natural frequen- a csser svmoe:of uagrs J the appikamn is bordetiine.Coaversc)y.large eies of the driver-compressor system (including couplings wiinders ray.null:a a;cnperxtu"-rise higher thus sdiabaric.and teyuire and any gear unit) shall be avoided within 10 percent of any additiorul saga. operating shaft speed and within 5 percent of any other GeneM,iy, ccriprrssion ratios are higher in the first and multiple of operating shaft speed in the rotating system up to second sages for full load. When the unit is unloaded by and including the tent.`. multiple. For motor.driven com- cicarartce pockets in lower sages, the nigher stages have the prssors, torsional natursl frequencies shall be separated higher compression ratios. The discharge temperature from the first and second multiples of the elecrical Po"tr should oe rtv:eWed u all loading pointz frequency by the sa,:.e ranges. 2.3.2 At discW. gc pressures up to 300 pounds per square 2-5.3 For drive -mains that include a turbine and gear. the inch ze(00 -bar effective).a high-discharge-temperature Mquirrmenu of API Standards 611, 61=. 613. 616. 671. ga alarm. shutdown. andlor 1_�crcent unlosder aetuatin and 679. as applicable, shall govern in calculation and Qevice set at 350 F(177 C) is recommended for any hydro- evaluation of critical speeds. For units requiring the use of a carbon-lubrcued compressor handling air or other oxygen- low-speed quill shaft and coupling.a separate latral riaea! bearing gas. if the dixhuge pmssure exceeds 300 pou_n4s speed analysis shall be!performed. The lateral critical speed rer square inch gage(�0.7 bar cffectivc), lower temperaum of a quill sbafc shall be separated Sy at least?0 pe:stir from ��- limits c� nod -tine. ram. Usc of synthetic oils. although any openring zperd of any shaft in the system. -�A--) SW7 ; I IP:Fick3te.l Keeiprorating cam prruars rw'J,I anu li.t f•-.,,lac:,ten Kr,-:rn Y COMPRESSOR : )_rnr••A!. '_.i R-1 Las+Sin,, 2.1 1 Qun:rsi CapsCity. T=r :nail he 2.4.t Maximum AiloNahle Ross Landint The rrax- hr ;w:., . ._pa: .c:,.. the it nus opera;.iit r.: load ;;a,nr co-.o:zail; :of ana!yiis. =uct:nn pre..urea. ,tedium tempera:ate,.di.- t eccerd :he maximum aliow4bie operating rod loadinir Charge prec•ures and sue v ndit:on. ipecired in the for the Compressor 'x an:: rod load limitation +w;- A Pl P3CKuizv i l'•,n�rrwrr DNta meet• — Par* I ! lied ag ate psrcha,rr at an; :pec:fied uperatirtx inn r n'.m=cr ,1,t1:ems of cum pr:s:ivn .;hail a«romrnu• dition. The pacxagar ;half juute das rod load da:r Yr*<_< ra !i....;at:Dr.+ -' z« sr!ai.ior.. or -i... ! ipecif;ed other•..•ise 5y the purchaser If ather than ;;ras•a:; 3, ;e: fu.^:a by the ;,urc.`.:ur.. The psckaYe 1 oprr3:[n;rod load Calcut4ewns are axc:i-lrd. thr pur- lesign matt also a;Iwv for a!! prai:ury drug, throuytn chaser will provide operating parameters to the :he scrubbers. pulsation bottles tit any). coolers and I packager for making these cal ulations piping from the inlet flange to the outlet (tango on 8.3.'2 Piston Rod Load Rerrrsal. For all specified the skid. operating load conditions. the axial component of the • 2.1.2 Performance Calculations. The compressor combined rod loadinx :hall revere enoutrh to ensure ;,acka¢er shall use the Xw analysis.suction pressures. adequate lubrication between the cru:,,head pin irk] ;action temperatur-. discharge pressures and site bushing during each complete turn„f:he cran4:haft. conditions a; specified by the purchaser to calculate molecular weight. ratio of specific heats ICp Cvt. and 3 C°mpre��or Csiindet� tompressib;;a compressor y factor lZ,. The packager 1 w5.1 General. ;ha!l indicate his •:a!ues or, the 'A?[ Packaxed Corn- pressor Dais Sheets — Par: 3'. pros;de them with the -5-1 1 Cylinder Maximum Alluµ•able %orkinc Quotation and use them to calculate performance Pressure. The maximum alloss•abie worklnir pres- data. Sure °f sae cylinder shall exceed the rated dip. charge pressure by at !oust iO percent or 25 p-tR. 2.1-3 Comprruor Size. When specified. the com• < «hichever is xreater. pressor frartes 3ha!! be furnished with cylinder which. wle, operating at :.-ic specified operating j -•5•1.3 Cylinder Orientation. Horizontal cy!irder.• cord'ion.w. 3hal!. as far as practical. toad the gas ! mall nave bottom discharge Connection., except enz:ne to :he ;imit 3peeiried in Parazraph 42.1 or 'Where side ter top diachar¢e Connection:are accrpt- eiectric motor to the limit specified in Parsvaph ! abte by:ae purchaser. l.a'. •z5 1.3 Cylinder Maintenance r,"'i-d•-: :hai' be NOTES, �•,,r.p: ...,._• A,•...n �.� n,r1•n•!•..,. ,h„rnti 3pa,ea and arranged to permit access and rernova'. rr!;,r ,H"rj, „�,-.••)r�„y.;,r.,1. .`or ror-^al maintenance of ail componems iinclud• irq toners pacK:ntr va!%es. or unloaders mounted • 2.1.3 Forces and Couples. When ;pecified by the z;in .`e ! -der: w'thou: rerno p.::haler. .ne compressor R a`:ilt:ure•' shall tur• :^ta;or piping or pulsation �ottic5 n,sh.slues !or ;he in-balance primary and secondary forces sac couples ir the horizontal and vertical I -3.2 Cylinder'Frame.appurtenances. ;a tea for:^e Z.o:ed Co.^presser. 2•3.2.1 Cylinder Supports The cy!inder iupport • 2 2 Maximum Allowable Speeds. The maeimum snail .e designed to a.oid -nisalixn•-tent nr exces. al:oit•abie avrraxe pisort ;peed sin fret per minutes and I ;iv- r•:d rur.-nc: :iur.nR :he Marry up pericd znw at .:^e nasir..ua- a:.ou•able speed I;n ;r. �runi per min- ac:uai operat)np temperature. The cykrider iuppor: ^:SC Ciehe;C:eV:itCa 3v t ;:G.'�na:C'_ .na!: 'uc C,J S::Si.t•.l to T:nr Du::a::,n ^,•i:.e. ,i turn+-ncu na, nut t>c ..eu • -2 3 Maximum Al!o-able Discharge Temperature. t support tze :,)rnpr!s3or c?iir,drr :-iris .p7r•�r:i _r.a or corn• ^.> .... .........,...rer pre'von is?;es Ina :❑;erstaZ9 '-w.:nJc tJ %rni: he .,.j,�.'� Cylinder Body lclinac— may tX r•m- ::i11 discharge :emper,atur a of esk;l i:age za •t•iO deg- `lx;e-_ ,-%U prov:;ton (Ur couiant Jae Xt's) Or COU,e•- F ualC33 Other-'Se ipeciried t�v part:*.suer. This limit u,,ialt :arcs: ,rue! !intiCr cv r sad ;hall hold for a;i specified operating and load cond)- .^.sad:. :,crs. When specified. the co-mpresser packager shall provide the purchaser with both the es-irr.s.ed actual 3.5.1.3 Cylinder Bolting Cylinder heads. stuffing and the c2!c7!ated adiabatic discharge temperature boxes forpressure packinz. clearance pccke,.;. wid rise. �21se co%"ers shall be fastened with either cap- Jr�-JJ Cia. r-iae Tst':peea�s j J Np c�� � u ♦ a c.� j ❑. ► : T t i pkc sl — - cn i ---- -• ------- - -- -+ .-. tD CD = I co N { a o v g y r � � —DA—J6 A ZCPI COMPRESSORS Comments and,/or Exceptions - K1 .1 compressor shall be a 5 stage block in a radial design dynamically balanced X configuration in which the 2nd and 4th stage share one common stepped rylinder.'Tne S stake design provides cooler more efficient running than a similar design 4 stage block due to the lower number of compression ratio's per stage. (See enclosed) We utilize the unique but proven free floating ringless final stage piston design. (See enclosed) -- Compressor block shall be of alumimim alloy construction for ultimate heat dispersion and +r n gt -- Purifier chambers shall be of aluminum alloy construction with a 4 to 1 safety factor at 6000 PSI. - Final separator shall be of chromium steel construction with a 4 to 1 safety factor at 6000 PSI -- P5 Securus shall process an average of 150,000 cu ft of air to Grade E Standards as defined by CGA Commodity Spec G-7.1 -- SCBA fill control panel allows cascade filling from up to 4 banks and is equipped with as automatic air direction valve T 117�--1 O 2 1 SA-37 S { City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager i FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Commercial Developer Agreement with Four Peaks Development, Inc., for Southridge Lakes, Phase C-1 Addition, Lots 411-1, 411-2 and 4113, Block 6, Located on the Northeast Corner of the Intersection of North Peytonville Avenue and West Southlake Blvd. i BACKGROUND The Commercial Developer Agreement for Southridge Lakes, Phase C-1 Addition, Lots 4R-1, 4R-2 and 4R3, Block 6, is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. There are no variances to the standard developer agreement. Council should note the following: IV. OTHER ISSUES A. Park Fees In accordance with Subdivision Ordinance No. 483, Section 7.0, the Developer will need to pay $6,976 (8.72 x 800 acre) Park Dedication Fees in lieu of dedicating park land. Please see the attached memorandum from Kim Lenoir, Director of Parks and Recreation, dated March 31, 1998. RECOMMENDATION Staff s recommendation is to place the Commercial Developer Agreement for Lots 4R-1, 4R-2 and 4R3, Block 6, Southridge Lakes, Phase C-1 Addition on the Regular City Council Agenda Ap '17, 1998, for City Council review and consideration. i Attachments: J. E. Levitt Engineers Letter Developer Agreement Lenoir Memorandum Final Plat Exhibit 5B-1 t J . E . LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 February 24 , 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake , Texas 76092 Re: SouthRidge Lakes, Phase C-1 Lots 4R1 - 4R3 , Blk. 6 Developers Agreement Dear Mr. Whitehead, On behalf of Four Peaks Development, Inc. , we respectfully request perparation of a developer's agreement for the next city council meeting on March a,, 1998. This would be a standard agreement as there is no offsite and/or oversizing of improvements . l-7 n Your assistance in this matter is greatly appreciated. S ' nc el CJ o n Levitt, P.E. cc: Four Peaks Dev. 5B-2 i Y V 5 SOUTHRIDGE LAKES, PHASE C-1 ADDITION LOTS 4R1,4R2 AND 4R3, BLOCK 6 COMMERCIAL DEVELOPER AGREEMENT 04-03-98 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 Southridge Lakes, Phase C-1 Addition, Lots 4R1, 4R2 and 4R3, Block 6, 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 Southridge Lakes, Phase C-1 Addition, Lots 4R1, 4R2 and 4R3, Block 6 (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 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, SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-3 t �.., and 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. SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-4 t t �... 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. 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. I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. 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. SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-5 i Y �... H. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Southridge Lakes, Phase C-1 Addition, Lots 4R1, 4112 and 4113, Block 6 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. 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 Southridge Lakes, Phase C-1 Addition, Lots 4111, 4R2 and 4113, Block 6, 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 SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-6 Y of all regulatory signs recommended by the Manual on Uniform Traffic 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 Southridge Lakes, Phase C-1 Addition, Lots 4R1, 4R2 and 4113, Block 6 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. In the event that certain sewer 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. 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 SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-7 Y notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the 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 Southridge Lakes, Phase C-1 Addition, Lots 4111, 4112 and 4R3, Block 6 may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF 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. SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3,BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-8 Y 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, ti..� 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 SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-9 Y 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 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 judgments 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. SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-10 t IV. OTHER ISSUES: A. PARK FEES: The Developer agrees to pay the Park Fee $800 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 8.72 acres in Southridge Lakes, Phase C-1 Addition, Lots 4R1, 4R2 and 4R3, Block 6 which would bring the total cost of Park Fee to $6,976. B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Print Name: Title: Address: Date: ATTEST: Notary Public Date Type or Print Notary Name My Commission Expires SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-11 L Y CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-12 t 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. SOUTHRIDGE LAKES, PHASE C-1, LOTS 4R1-3, BLK 6 COMMERCIAL DEVELOPER AGREEMENT 5B-13 Y City of Southlake,Texas MEMORANDUM March 31, 1998 TO: Ron Harper, Deputy Director of Public Works FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: SouthRidge Lakes Office Park Recommendation of Park Dedication Fees The Parks and Recreation Board heard the above mentioned case on March 9, 1998. The Board recommends to City Council that the developer pay park dedication fees in lieu of dedicating park land. The fees total $6,976 for the 8.72 acre development. Please let me know if you have any questions. KL enclosed: Park Board Minutes 3/9/98 l:parkrec/boards/cc/pdo.doc 5B-14 t "UNOFFICIAL MINUTES" NOT APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 CITY OF SOUTHLAKE 2 PARKS AND RECREATION BOARD MEETING 3 4 March 9, 1998 5 MINUTES 6 7 Board Members Present: Bobby Rawls, Robin Jones, Chris Miltenberger, Doug Fierce, 8 Carol Lee Hamilton, Richard Anderson, Sherry Berman. 9 Board Members Absent: Cara White, Vicki Johnson. 10 City Staff Present: Kim Lenoir, Director of Parks and Recreation; Teddi R. Zonker, 11 Administrative Secretary; Ben Henry, Park Planning and Construction Superintendent; 12 Kevin Hugman, Community Services Manager. 13 14 The meeting was called to order at 6:45 p.m. by Vice-Chair Doug Fierce. 15 16 Agenda Item No. 8-approved to be moved up within the agenda. 17 18 Agenda Item No. 8, Park Dedication for SouthRidge Lakes Commercial Development — 19 Jones informed the Board that she would not discuss or vote bn this item. 20 21 John Levitt, J.E. Levitt Engineers, Inc., 726 Commerce, Suite 104, Southlake, on behalf 22 of Four Peaks Development approached the Board with the request for approval to pay a 23 fee of$6,976 in lieu of park dedication for this 8.72 acre development. Levitt stated that 24 parks were dedicated by SouthRidge Lakes Residential Developments. 25 26 Motion was made to accept the fee payment of$6,976 in lieu of park dedication. 27 Motion: Miltenberger 28 Second: Rawls 29 Ayes: Rawls, Miltenberger, Fierce, Anderson, Berman 30 Nays: None 31 Abstain: Jones 32 Approved: 5-0-1 33 34 Agenda Item No. 2- Administrative Comments—Miltenberger inquired about the website 35 update. Hugman stated that Zonker has made all changes on paper and that he will be 36 working on updating the site. Zonker stated that she would be glad to learn how to 37 update the site for the department. 38 39 Fierce inquired about receiving a copy of the management study of the Parks Department 40 and Lenoir agreed. Hugman stated that the report may not be ready mid-year, but the 41 Board would receive a copy. 42 43 Fierce inquired about SGSA in regard to recycling and Lenoir stated that Berman agreed 44 to contact the association. Parks and Recreation Board Regular Meeting, March 9, 1998 Page I of 11 5B-15 l:I parkrecl boardsl pkboardl minutes119981030998.doc t .n 9 fl a)i] `-74 C i flip , . ..�.i i t!J x zS 1I)�1 i'. it rj jig• Kati# j�l� � 1 ,7� 1]�, I�i • afi iE� � � � � go d 51 lcC� TI 'j'. ��ril` . .w t I I •� � -------- --ail— t -- + ' _� 9.= ► `� •w•.�,t.� ,� •Sys I d�I L � 1 nw I ea � x .w•r tn•. j 5B-16 l d BLS688VL l8 /\8a V400 2>Ib-1HInOS WOb zl Wb80=6 866 l-Sa�7 City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Reynolds Asphalt, Inc. for the construction of a deceleration lane at F.M. 1709 and North Peytonville Avenue BACKGROUND As part of the developer agreement with the City, the developer of Southridge Lakes, Phase C-1 Addition agreed to dedicate ROW and participate in the cost of a deceleration lane along the North side of S.H. 1709. It will be located specifically at the intersection of North Peytonville Ave. fronting lot 4, block 6 Southridge Lakes property. The City will fund the additional portion of the deceleration lane consisting of 200 feet of frontage adjacent to lot 6, block 6 of Southridge Lakes Phase C-1 i Addition. I The developer of Southridge Lakes agreed to these items during the negotiation of the developer agreement in May 1997. The proposed lane will be approximately 300 linear feet plus a transition of 100 feet. The developer will fund 100 feet plus the transition. The lane is designed to consist of asphalt pavement, 12 feet wide with a standard curb and gutter. The low bidder for this project is Reynolds Asphalt, Inc. with a base bid of $76,217.60. The City's share of this cost totals approximately $44,000. The attached bid tabulation provides additional bids and costs. Necessary ROW has been acquired and the site has been replatted. FUNDING/FISCAL IMPACT The funding for this project is available in the 97-98 CIP budget. RECOMMENDATION Staff recommends Council award the contract for the construction of a deceleration lane at F.M. 1709 and N. Peytonville Ave to Reynolds Asphalt in the amount of $76,217.60, with the City providing $44,253.48. Please place this item on the April 7, 1998 Regular City Council Agenda for City Council review and consideration. B , ,r* � -- i Attachments: Bid Tabulation Exhibit B from Developer Agreement sc-1 rl- o o o o � o o o 0 00 r-- v o 0 0 Ln o 0 0 0 00 o v O cD O co 0 O O 0 O m 0 U) LLJ o m (/) o Ln m m o 0 0 r- o (n rn m " N LC M 'V M N V O Q Lc O m co tf) r— co V cD V m U Z X .- O ~ v3 CD Z O m O m t` O O O O N O fr O Q w 0 o v D m o 0 0 o M o O N M V O 0 0 CD (D O co m = Z m U p .- N 0 O O co N v o � 0 m v (D O m—'Z O Q N m O O O CD Co CD O CD CD CD CD O n CD O O in O CDO IDO O o U?U n CoLn CD N N CDO O 0 m o r-- W N co CD CD N m M O O CD CD r- O N Ln N N M V r,- O (V m Ln rl N Ln 0 O N C O f� m co Ln (D — co (D — Ln N coCD a U) fA Q X O O cn CD CD O O O Ln O .6 X � O L W O � N V O O O O O V O Z O CE m U (0, 2 (V w N CDO O O O o 0 m J W Z N N O N m cn N H -j n 0 ::) �1 I� cD cD N O w Q C O 0 O o o O O O O (D O o 0 (D O O CD O CD CD O O O (D O (D (` o cn O )n O O O O O r- O n CO O (D )n rl- N (n 0 Ln (n 0 (n N P- (D m N W N m Ln O V N QC, X cD O M = mc:l LLQ d ^ _ m U4 n Z) cn r- Q O m 0 cn O O O O O CD m 0 O m O Ln O O CD O O co O Z —j O n r m �_ U CD D n CD (D 00 (D CD O O O z m Cl) N N co N m cn V LLJ W Q Q� d W `° °° m J 0 O O O coLU Q W 00 m {� O j cn Y �- >- LL Q (n (n Q LL. U) C (n (n 0 J W J J W (n J Cl) Z W o W a Q Z m 2 _ Q� O W W F- Q ~w or: F= Q > ~ Q > m O O o D _ or_ z (DU Z a- 0 Z � °° w 2i z O .6 = c) J W � Q U � Z � Q W N H O X Q Z 0 J � Q ~O CW Q Z W o Z p w v� U _ _ LL Q O d -0m o Q0� = w J w Z W W W Z H H H W co O a Q a- U U (n ~ Q U rn < m F t cr E U w 0 v W O Cl) > X d a c~i> > U Q U U Z Z LL W D Z H p X " - Q O O � Q w Q (n w (O V (V U U w Q m m W w O F- = Q Z U' 00 Z m N cn V Ln 1 0 r-- 0o m 5C-2 i Y EXHIBIT B SOUTHRIDGE LAKES, PHASE C-1 ADDITION (LOT 6, BLOCK 6) COM-MERCIAL DEVELOPER AGREEMENT - +�• P EYTCNvt u E AVDrvE � W4 aM A-*. 6o > I D -< -,rti , 1 C,� O I = 0 r t v r....ss z m :»aoo' saenrC rat t D m z7 < C -i m O 1 ' Ocn 1 i I m �- u Z o � 1 tl --3 5C-3 V � City of Southlake, Texas MEMORANDUM April 3, 1998 I i I TO: Shana K. Yelverton, Assistant City Manager i FROM: Billy Campbell, Director of Public Safety j I SUBJECT: Authorize the Mayor to enter into an Agreement for Mutual Aid in coordination of Disaster Assistance between the City of Southlake and the City of Fort Worth I have reviewed the agreement with Fort Worth for mutual aid in coordination of disaster assistance and recommend that we enter into this agreement. This agreement will provide a professionally staffed contact point for acquiring needed resources when a disaster occurs, including personnel and equipment. The agreement allows us to use personnel more effectively by not having to assign a group to resource acquisition. A nominal entry fee of$100 is required to be paid to North Central Texas Council of Governments and held in a special account. This fee is pooled with other cities as insurance and used to reimburse Fort Worth for actual costs when any city activates the emergency operations center. If funds in the pool are exhausted, all participating cities will resubmit an additional $100. City Attorney Anna Leslie Muncy has reviewed the agreement and did not recommend any changes. I recommend this agreement be placed on the Consent Agenda for the April 7, 1998 City Council Meeting. i Please contact me if you have any comments or questions. I I BC/bls Attachment: Agreement for Mutual Aid in Coordination of Disaster Assistance )D_1 AGREEMENT FOR MUTUAL AID IN COORDINATION OF DISASTER ASSISTANCE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into this day of by and between the undersigned municipal corporations, political subdivisions, and public entities, and others executing identical counterparts hereto, as parties hereto, each acting through its duly authorized officials. WITNESSETH: WHEREAS, both natural and technological disasters consistently pose equipment and staffing problems beyond the capacity of most individual cities, and WHEREAS, in the past cities and other political subdivisions in the North Central Texas Council of Governments area have provided assistance to others in the form of personnel and equipment both during the initial emergency as well as protracted cleanup periods, and WHEREAS, a formal agreement between the parties would allow for better coordination of this effort, provide that adequate equipment is available, and help ensure that this is accomplished in the minimum time possible, and WHEREAS, the governing officials of the entities who have executed this Agreement or identical counterparts, political subdivisions and public entities of the State of Texas and the United States of America, collectively desire to secure for each such entity the benefits of mutual aid and protection of life and property in the event of a disaster; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon request of the City Manager or the person or officer designated by the entity, each entity which is a party hereto shall furnish mutual aid in coping with a disaster as defined in Section 418.004 of the Texas Government Code and the forces necessary to provide such mutual aid to a requesting entity or entities; during a state of local disaster as declared by the requesting entity, subject to the conditions hereinafter stated. 2. The provisions of this agreement are activated whenever any party declares a local disaster. The governing body of each party, by signing this agreement, authorizes the provisions of assistance upon a declaration of a local disaster. 3. Any furnishing of equipment, supplies, and forces pursuant to this Agreement is subject to the following conditions: a. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel requested. shall specify the location to which the equipment and personnel are to be dispatched, and shall state the time period for which such equipment and personnel are requested. The entity furnishing aid hereunder shall in its sole discretion, determine what equipment and personnel are available to furnish the requested aid. b. The responding entity shall report to the officer in charge of the requesting entity's forces at the location to which the equipment and personnel are dispatched. C. A responding entity shall be released by the requesting entity when the services of the responding entity are no longer required or when the officer in charge of the responding entity's forces determines, in the officers sole discretion, that further assistance should not be provided. 4. Each entity which is a party hereto shall prepare and keep current an emergency management plan for its jurisdiction providing for disaster preparedness, response, recovery, and rehabilitation. The plan may provide for wage, price, and rent controls and other economic stabilization methods in the event of a disaster and shall provide for curfews, blockades, and limitations on utility use in an area affected by a disaster. It shall provide rules governing entrance to and exit from the affected area, and other security measures deemed necessary. 5. The City of Fort Worth will act as coordinating agency for mutual aid responses in the counties of Tarrant, Erath, Hood, Johnson, Palo Pinto, Parker, Somervell and Wise (collectively the Fort Worth area) under this Agreement. The City of Dallas will act as the coordinating agency for mutual aid responses in the counties of Dallas, Collin, Denton, Ellis, Hunt, Kaufman, Navarro, and Rockwall (collectively, the Dallas area) under this Agreement. Such coordination shall be through the Emergency Operations Centers (EOC's) of the two respective cities. As part of their duties as coordinating agencies, the cities' EOC's shall maintain a current listing of all parties to this agreement. Such listing shall include personnel to be contacted in each member entity, appropriate telephone and facsimile numbers, and other information which would be needed in order to contact each member in the case of a response. In the event of a widespread disaster affecting more than one entity which is a party hereto, the EOC shall coordinate the call-up and assignment of personnel and equipment to the affected areas. 6. The participating entities in the Fort Worth area shall contribute $100 each to defray administrative expenses associated with this Agreement. These funds shall be held in an account by the North Central Texas Council of Governments (NCTCOG). Any funds shall be expended solely for the purpose stated above upon receipt of a request for reimbursement by the City of Fort Worth. Additional funds shall be deposited by the member entities upon request by NCTCOG, respectively, when NCTCOG advises the member entities that its fund is expected to be depleted. An accounting of funds expended by NCTCOG shall be provided no less than annually to the member entities. _D 7. Each entity waives all claims against the other entities which are parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. except those caused in whole or in part by the negligence of an officer or employee of another entity. Provided, however, that this waiver shall not apply in those cases in which the claim results from the failure of the requesting entity to accept responsibility for any civil liability for which the requesting entity is responsible as determined by the Interlocal Cooperation Act, Chapter 791 of the Govemment Code of Texas, and as it may be amended in the future, or other applicable law. 8. A responding entity is authorized to request reimbursement from the requesting entity for costs incurred pursuant to. this Agreement in furnishing disaster assistance or aid. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall receive the same wages, salary, pension, and other compensation and rights for the performance of such duties, benefits, as though the service had been rendered within the limits of the entity where those personnel are regularly employed. All wage and disability payments, except for those payments the requesting entity is required to pay under the Interlocal Cooperation Act, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be paid by the entity in which the employee in question is regularly employed. 9. All equipment used by the responding entity in carrying out this Agreement will, during the time response services are being performed, be owned, leased, or rented, by it; and all personnel acting for the responding entity under this Agreement will, during the time response services are required, be paid by the responding entity. At all times while equipment and personnel of any responding entity are traveling to, from, or within the geographical limits of the requesting entity in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding entity. Further, such personnel shall be deemed to be engaged in a governmental function of their entity. 10. in the event that an individual performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuit, arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits that he or she would be entitled to receive had such civil action arisen out of an official act within the scope of his or her duties for the entity where regularly employed or volunteering and occurred within the jurisdiction of the entity where regularly employed or volunteering. The benefits described in this paragraph shall be supplied by the entity where the individual is regularly employed or volunteering. However, in situations where the requesting entity may be liable, in whole or in part for the payment of damages, then the requesting entity may intervene in such cause of action to protect its interests. -3- JD-4 11 . It is agreed by and between the parties hereto that any party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other parties hereto. 12. This Agreement contains all commitments and agreements of the parties hereto as to mutual aid to be rendered during or in connection with the declaration of a local state of disaster. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory entities may have heretofore contracted or hereafter contract with each other for mutual aid in disaster situations, and it is hereby agreed that this Agreement shall be subordinate to any such individual contract. 13. Each entity hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 14. The parties agree that this Agreement is entered into between the entities pursuant to the authority of Chapter 418 and Chapter 791 of the Government Code. The entities which are parties hereto agree that this Agreement is for the performance of governmental functions and services as described in Chapter 791. 15. In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16. To assist each other in the process of mutual aid response planning, each party hereto agrees to inform the other parties of all mutual aid agreements which each party has instituted with other municipalities, entities, counties, or other state or federal agencies. 17. This contract has been officially authorized by the governing body of each party hereto. Each entity which performs services or furnishes equipment pursuant to the terms of this Agreement shall do so with funds available from current revenues of the entity. 18. This Agreement shall be effective immediately upon the execution of a counterpart hereof by the authorized officer of each entity, and shall remain in full force and effect until terminated by one or more of the contracting entities. Notwithstanding the provisions hereof, any local government which is a party hereto may provide emergency assistance to another local government as provided in Section 791 .027 of the Texas Government Code. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. ATTEST: CITY OF FORT WORTH NAME: NAME: TITLE: TITLE: DATED: APPROVED FOR FORM AND LEGALITY: NAME: TITLE: ATTEST: (Name of Governmental Entity) NAME: NAME: TITLE: TITLE: DATED: APPROVED FOR FORM AND LEGALITY: NAME: TITLE: REGIONAL EMERGENCY RESOURCE ASSISTANCE PROCEDURAL IINFORINLkTION Resource Inventories and Data Maintenance: 1) Participating resource jurisdictions will complete and maintain on file a "Resource Inventory List." Copies of the inventories and supporting information (street map and phone directory) will be forwarded to the City of Fort Worth Emergency Manage- ment Office ( EMO ). 2) Participating jurisdictions will designate a "Primary Point of Contact" for requesting or arranging assistance. 3) EMO will maintain materials on file for all participating jurisdictions. 4) EMO will initiate quarterly updates. When Requesting Assistance: 1) Before initiating a request for local assistance, the affected community must declare a local state of disaster. 2) Affected communities considering mutual aid assistance under this agreement should also contact the State of Texas Department of Public Safety through their Regional Liaison Officer to request assistance. The Fort Worth EMO may assist in coordinating this request. 3) If additional local assistance is required, the affected community should use its "Primary Point of Contact" to call the City of Fort Worth EMO, 817-871-6170, during normal working hours. After normal working hours,call the Fire Alarm Office, 817-922-3000 and request a return call by an EMO representative. 4) The affected community should: a) use the "Resource Inventory List" to specify equipment and resources that it requires. b) specify a staging area for the requested resource. c) estimate how long each resource may be required. 5) If the requesting community, for whatever reason, is unable to assess its needs, it should request that an assessment team be sent to assist. 6) EMO will use the "Resource Inventory" lists on file to determine the nearest jurisdiction with the requested resource. EMO will initiate contacts with these jurisdictions to determine availability. 7) EMO will notify the requesting community of the availability of the resource and assist in arranging for delivery. \" Page 1 SD- ' �... When Providing Assistance: 1) Do not send help until requested. The arrival of unnecessary and unrequested equipment and resources generally has a negative impact on coordination efforts. 2) Jurisdictions are not obligated to commit resources even when identified as "potentially available." 3) The Fort Worth EMO will inform you who to report to and also identify a "Point of Contact" at the requesting city. This "point of contact" will be a person with whom you can discuss long-term needs and any other matters that need to be decided on a case by case basis between you and the requesting city. 4) Each jurisdiction providing assistance should track and maintain a record of their expenditures in accordance with standard accounting practices. 5) All equipment provided will be accompanied by operational staff unless other arrangements are agreed to between the providing and receiving jurisdictions. 6) Each jurisdiction providing equipment should specify any limitations on equipment and accompanying staff. Page 2 5D-8 RESOURCE INVENTORY LIST FOR as of City County Date Please type or print clearly AUTHORITY Primary Name/Title Phone FAX Secondary Name/Title Phone FAX After Hours Name/Title Phone FAX Emergency Management Name/Title Phone (Day) FAX (Night) Pager PERSONNEL NO. AVAILABLE FOR MUTUAL AID Building Inspectors Electrical Inspectors Mechanical Inspectors Plumbing Inspectors Traffic Control Specialists Environmental Specialists Water Quality Specialists Construction Engineers Other: RESOURCE INVENTORY LIST Please type or print clearly No. Available for Equipment Description Size Mutual Aid Dra line Track Dozier Track Loader Gradall H d. Excavator/Backhoe Track Lowboy Rotoboom Spider Vac All Wrecker(s) Wheel Loaders Motor Grader(s) Crane Truck Dump Truck(s) Tandem Dump Trucks Flusher =EL Dump Trucks Pickup Truck(s) Bridge Ins. Truck Equipment Service Truck Greasetruck Tower Truck Bucket Truck Tractor with Loader Tractor s /Backhoe Trash Truck Trash Truck/Side Loader Brush Truck/Open To Truck with Backhoe Yard Crane Mobile Fork Lift Hiah Pressure Sewer Cleaner Loader/Packer ;kid Steer Loader Stump Grinder Sweeper Trailers) Sin le Axle RESOURCE INVENTORY LIST Please type or print clearly No. Available for E uioment Description - contd. Size Mutual Aid Trailer s /Flat - bed Trailer/Hi - bed Trash Trailer/Lo - bed Trash Tub Grinder Tug Air Compressor Brush Chipper Generator(s) Lighting Equipment Station Wagon Van(s) Other: Fire Apparatus Engine Truck Quint Attack Brush Tanker Light & Air Command Post Police Equipment edans Other .)D-11 City of Southlake,Texas MEMORANDUM April 2, 1998 i TO: Curtis E. Hawk, City Manager FROM: Darcey Imm, Assistant to the City Manager SUBJECT: Contract for Services with Texas Sister Cities International. On January 6, City Council authorized the expenditure of$20,000 as an incentive for Texas Sister Cities International (TxSCI) to locate their statewide headquarters in Southlake. On January 16, Southlake was selected, and has been working with TxSCI to help establish the organization. In order to clarify the responsibilities of each party and to facilitate the transfer of funds, a contract for services has been drafted. Attached is the contract for services with Texas Sister Cities International (TxSCI). This is the standard agreement that the City enters into with the other nonprofit organizations for which the City j provides support (such as Keep Southlake Beautiful and Metroport Meals on Wheels). Please place this item on the April 7, 1998 City Council Agenda for Council's consideration. I will be happy to answer any questions you may have. DAI Attachments: Contract for Services Agreement 5E-1 CONTRACT FOR SERVICES STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Texas Sister Cities International, Inc. (TxSCI), a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of Texas Sister Cities International, Inc. (herein referred to as "TxSCI") is to strengthen global partnerships in Texas through maximizing communication, resources, education, and coordination; and WHEREAS, TxSCI is a recognized member of Sister Cities International with full membership rights and resources; and WHEREAS, City and TxSCI desire to enter into an Agreement whereby TxSCI will locate their state-wide headquarters in Southlake and will work to foster global, national, and state-wide partnerships; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and TxSCI do hereby covenant and agree as follows: 5E-2 SECTION 1 SCOPE OF SERVICES TxSCI shall provide the following services: 1. Guidance and support for municipal Sister City Organizations throughout the State of Texas. 2. Information and referrals for questions regarding the Sister City International Program. 3. Opportunities for increased cultural awareness and understanding through a variety of forums and activities. 4. Promotion of the Sister Cities International Program. 5. Cooperation with state and local agencies, businesses, and citizens to improve the effectiveness of Sister City programs throughout the state of Texas. 6. Maintain affiliation with Sister Cities International. SECTION 2 TxSCI FUNCTIONS 1. TxSCI Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by TxSCI. 2. TxSCI shall operate in accordance with its own approved by-laws. 3. The City shall have the right to review the books and records kept incident to the funding provided by the City to TxSCI. SECTION 3 CITY FUNCTIONS 1. City shall provide administrative support to TxSCI, where feasible. The nature, extent, and duration of this support shall be solely defined by the City. 5E-3 2. City shall provide free office space for the operation of TxSCI operations. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to TxSCI the sum of Twenty Thousand Dollars ($20,000) in payment for services described in Section 1 hereinabove, such payments to be made in installments as requested by TxSCI. SECTION 5 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning May 1, 1998 and ending April 30, 1999. IN WITNESS WHEREOF the City and TxSCI have executed this agreement as of this day '�.... of , 1998. Approved as to legal form: Attorney at Law Mayor, City of Southlake President, Texas Sister Cities International 5E-4 City of Southlake,Texas This item left intentionally blank. 5-F 1 City of Southlake,Texas MEMORANDUM April 3, 1998 i I TO: Curtis E. Hawk, City Manager I FROM: Ron Harper, City Engineer i SUBJECT: Ordinance No. 702, 1' Reading, Abandoning a Portion of the Right-of-Way on South White Chapel Boulevard BACKGROUND Attached is the referenced ordinance to abandon a portion of the right-of-way on S. White Chapel Blvd. The quitclaim deed for this property is attached. I I When this property was platted in September 21, 1982, as Lot 2, Cash Acres, the surveyor apparently showed the required right-of-way dedication as being measured from the edge of pavement, not the center of pavement. As a result, more right-of-way than required was (414W dedicated. All of the franchise utilities have stated that they have no objection to this abandonment. There are no public utilities located within this portion of the right-of-way. RECOMMENDATION Staffs recommendation is to place Ordinance No. 702, 151 Reading on the Regular City Council eting A enda for April 7, 1998, for City Council review and consideration. RH/Is i Attachments: ROW Abandonment Application Ordinance No. 702 Quitclaim Deed ` ?AAWP-Fa.UZM7M\I%EM0.WPD I I 5G-1 i i CITY OF SOUTHLAKE 4/6/94 APPLICATION FOR R.O.W. ABANDONMENT STREET NAME: S G L hLK� s AID Ems!!p, GENERAL LOCATION: gllsT so aF lg&(TBS cHAPEt- t Piryc IM l MsEcnon APPLICANT OTHERS IF APPLICABLE NAME: BKAA 8AP FjNGTor) ADDRESS: C�l� R LANGo C I RCAL 7(oM— PHONE BIZ I -Ic1 gz— I hereby request that the City of Southlake abandon the R.O.W. referenced herein. I understand and agree to comply with the Standard Procedure for R.O.W- abandonment provided by the City. Signed: Date: For City Use Only: Q-e I hereby acknowledge receipt of the R.O.W. abandonment fee of $150.00 on this the day of , 19 Signed: Date: The following must accompany this application in order to be accepted for consideration. Not Provided Applicable Application fee of $150.00 Completed Application Name, Address and Phone of all Property Owners Adjacent to the Abandonment Request Legal Description of the Area to be Abandoned Graphic Exhibit Showing Area to be Abandoned with Metes and Bounds Shown Legal Description and Graphic Exhibits for any Divisions Proposed for Acquisition by Separate Owners Approval Signatures From All Utility Companies Legal Descriptions and Graphic Exhibits for any Easements to be Retained (taw Approval Signatures of all Property Owners Adjacent to the Area to be Abandoned C:\WPF\FOR.NIS�APPS\ROW-ABAN.APP 5G-2 Y w --------------------------------------- CITY OF SOUTHLAKE (817) 481-5581 REG-RECEIPT:81-69142 C:82-23-1998 CASHIER ID:F 04:22 pe A:82-23-1998 ==------------------------------------- 4238 FEES-ZONING $159.86 REQUEST FOR ROW ABANDONMm ----------------- TOTAL DUE $150.06 RECEIVED FROM: AMY BARRINGTON CHECK $150.68 ----------------- TOTAL TENDERED cf158.88 CHANGE DUE �$0.60 2.-2-3-98 ENTERED FEB 2 6 1998 Lr- D 5G-3 ORDINANCE NO. r 0, AN ORDINANCE VACATING AND ABANDONING F TIOs O 'SO. WLa 'EL O r9 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 QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID DRAINAGE EASEMENT AND PROVIDING FOR 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,after careful study and consideration, has determined that �poqfio Qfg of may&fin Soutli` e el Boul` in the City of Southlake,hereinafter more specifically described, 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 benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deed releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The following right-of-way on South; to,71 hhae , •:.dais hereby vacated and abandoned as public property Sou^ NcC 19101,40 Boni to the City of Southlake said right-of-way being depicted and described as W. The right-of-way is not being used by,nor useful or convenient to the public in general. It constitutes a public charge 5G-4 i without a corresponding benefit,and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. Said ports n of=nght-o is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies, and Exhibit "D" documents the approval of the adjacent property owners. SECTION 2 The Mayor of the City of Southlake,Texas,is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 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. 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 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 phrase, clause, sentence,paragraph or section. SECTION 5 This ordinance shall be in full force and effect from and after its passage, and it is so 5G-5 t ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY 5G-6 C APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: M:1WP•FQ.FSORLT7M- RD.WPD 5G-7 EXHIBIT A David C. Mo , ur4yors, Inc. Registered Professional LOtjd Surveyors �- •Acreage David C.Moak,R.P.L.S. Texas New Mexico Arizona • Nevada •Topography Consultant •Subdivisions • Loan Surveys David W.Myers,R.P.L.S. : Investigative Surveys President Construction Layout DESCRIPTION FOR RIGHT—OF—WAY ABANDONMENT ( SEE EXHIBIT "8" ) ALL that certain tract or parcel of land situated in the H. GRANBERRY SURVEY, ABSTRACT NO. 581 , City of Southlake , Tarrant County, Texas and being a portion of South White Chapel Boulevard right-of-way, Southlake , Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the most westerly northwest corner of Lot 2 , Cash Acres , an addition to the City of Southlake , Tarrant County, Texas as recorded in Volume 388-114, Page 611 of the Plat Records, Tarrant County, Texas and being in the easterly boundary line of Lot 1 , Aubrey-_ Estates, an addition to the City of Southlake , Tarrant County, Texas as recorded in Volume 388-142, Page 41 of the Plat Records, Tarrant County, Texas; THENCE North 11 degrees 24 minutes 00 seconds West with the easterly boundary line of said Lot 1 , 29. 72 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set; THENCE North 50 degrees 34 minutes 00 seconds East departing said boundary line, 69 . 24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the beginning of a curve to the left; THENCE easterly with said curve to the left having a radius of 1230. 24 feet, a central angle of 09 degrees 37 minutes 14 seconds , an arc length of 206. 57 feet and a long chord of North 45 degrees 45 minutes 23 seconds East at 206 . 33 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set in the westerly boundary line of a tract described in the deed to David Machalica as recorded in Volume 7193 , Page 160 of the Deed Records , Tarrant County, Texas; THENCE South 08 degrees 26 minutes 50 seconds East with said westerly boundary line, 12 . 28 feet to the most easterly northeast corner of aforesaid Lot 2; ( Page 1 of 3 ) 105-B Bedford Rd. • Bedford,Texas 76022-6208 • Metro(817)268-2211 • Fax(817)282-0401 Member Tans Society of Professional Surveyors&American Congress on Surveyia`&Mapping 5G-8 EXHIBIT A(CONT.) David C. MoaV-Sui*gyors, Inc. Registered 1 F\fpssimal Land Surveyors •Acreage David C.Moak,R.P.L.S. Texas New Mexico Arizona • Nevada •Topography Consultant •Subdivisions • Loan Surveys David W.Myers,R.P.L.S. • Investigative Surveys President •Construction Layout - THENCE along the northerly boundary line of said Lot 2 as follows : South 37 degrees 23 minutes 36 seconds West departing said westerly boundary line, 17 . 07 feet; South 41 degrees 23 minutes 36 seconds West, 87 .07 feet; South 45 degrees 43 minutes 35 seconds West, 180 . 55 feet to the place of beginning and containing 0. 1042 acres of land, more or less, as surveyed by David C. Moak Surveyors , Inc. during the month of February 1998. ( Page 2 f o 3 ) C 105-B Bedford Rd. Bedford,Texas 76022-6208 Metro(817)268-2211 Fax(817)282-0401 Member Texas Society of Professional Surve &American Congress on Surveying&Mapping �G-9 + y i TYPE 2.. - . L✓X�:.I ti31� � ;. EXHIBIT B VV MOAN- 0- c.. N rC:XWM?1 wow11d(�, Q RAMP-OP A1!5AW WfAE-iJ'r cvOurl l WWIT ?ACHE 3 OF 3 The plat hereon Is an accurate representation of an actual survey made on the ground under Mg supervision and the lines. corners, and dimensions of said property are as indicated::' The size. location, and type of buildings and improvements shown are as indicated: Sold Improvements being within the bounjarles of the property, except as shown, and set back. from "tha boundary lines the distances:.Indicated: The distance from the nearest' f Intersecting street'or rood is as showri:.There are no apparent encroachments, protrusions.. boundary line.eonfllcts. visible easements or easei.ants of record as furnished to us,:• except as shown or noted otherwise. SCALE �� �•�' ' ' ' , LEGEND DA V/D C. OAK t • �t . -to Sur veye�s, /n C. • FOUND STEEL ROD REGISTERED PROFESSIONAL o SET CAPPED STEEL ROD LAND SURVEYORS + CROSS CUT IN CONCRETE P.O. BOX 1034 (817) 26A-2211 FOUND STEEL PIPE _ o FOUND Bo1S D' ARC STAKE HURST, TEXAS 76053 - -- POWER OR TELEPHONE LINE —rt— CENTERL INE FENCE `.:`... .s DATE .i001i of(•�Z • ' ne of tJtia OMt not A► aeat ana ink nabin•a1wWd be a•aiim to eontaM. ems: ttwd6 veid,na tha atabQ e�,t `'� t EXHIBIT C EXHIBIT 'C' UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives of the respective utility caries, hereby express no objection to the abandonment of the portion of Whife5 C rVVW. so noted on the attached exhibits, Tarrant County, Texas. Texas L tili 'es Electric Tri-County Electric Coop., Inc. Sisaed: Signed: S..' !J. P"CA Printed Name: Cd17' iA e I- Printed Name: �e.p J, &WESi4CH Tide:— S'-f-1i.0 e. 'IFL4er Title: AST Icr /1��INa4E2 Date: 3-LI`` 1; Date: 4AQtN 4 /9 9 g GTE Central, Inc. Lone Star Gas Company Signed:—��Z� / Printed Name: Printed Name: Title: -C'x L. oiGt/aG Title: Da:.: Date: 3:S-9F Marcus Cable Signed: Printed Name: Tice: AIWJAl, AS Dace: 5G-11 + . EXHIBIT D ADJACENT OWNERS APPROVAL We the undersigned, as duly authorized representatives of the respective adjacent owners, hereby express no objection to the abandonment of the portion of White Chapel Blvd. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Virgile Cash Signed!''?/ Printed: < <-� (!A S h Dater -;t — `7 Y Roger G. B ird Signed- Printed Date: Signed---)::) 4 .. J , Printed: Date: 3. 16,1 g' Aubrey or Rosa Smith Signed: Printed: -c a Date: Y 5G-12 Y QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARR.ANT That the City Council of the City of Southlake,County of Tarrant, State of Texas,after careful study and consideration,has determined that a p�iri:on ofng . l a�o Sb�th'WluteOha "'lBotev K ,.h=�qM..�. �',1'�4.�'' .xvb' ' fin. .nkcA.;'>� ai located in :r, A Icon=in the City of Southlake, hereinafter specifically described and depicted as V%%on Exhibit A attached hereto and incorporated herein, 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 benefitted 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 ("Grantor")does hereby bargain, sell,release, vacate, abandon and forever quitclaim unto: "T , BARRThTC5rTQI ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to to the following described real property situated in Tarrant County, Texas, to wit: (Moe See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies, and Exhibit "D" documents the approval of the adjacent property owners. TO HAVE AND TO HOLD all of its right,title and interest in and to the above described right-of-way 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 utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By. MAYOR 5G-13 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared ,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: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 M:\WP-FILES\ORD\702\ORD.WPD 5G-14 EXLL-T A David C. Moak purveyors, Inc. Registered Profgssto`na.1 Lard Surveyors •Acreage David C.Moak,R.P.L.S. Texas New Mexico Arizona • Nevada •Topography Consultant •Subdivisions •Loan Surveys David W.Myers,R.P.L.S. - •Investigative Surveys President •Construction Layout DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT ( SEE EXHIBIT "B" ) ALL that certain tract or parcel of land situated in the H. GRANBERRY SURVEY, ABSTRACT NO. 581 , City of Southlake , Tarrant County, Texas and being a portion of South White Chapel Boulevard right-of-way, Southlake, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the most westerly northwest corner of Lot 2 , Cash Acres , an addition to the City of Southlake , Tarrant County, Texas as recorded in Volume 388-114, Page 611 of the Plat Records, Tarrant County, Texas and being in the easterly boundary line of Lot 1 , Aubrey_ Estates , an addition to the City of Southlake , Tarrant County, Texas as recorded in Volume 388-142, Page 41 of the Plat Records, Tarrant County, Texas; THENCE North 11 ' degrees 24 minutes 00 seconds West with the easterly boundary line of said Lot 1 , 29 . 72 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set; THENCE North 50 degrees 34 minutes 00 seconds East departing said boundary line, 69 . 24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the beginning of a curve to the left; THENCE easterly with said curve to the left having a radius of 1230. 24 feet, a central angle of 09 degrees 37 minutes 14 seconds , an arc length of 206. 57 feet and a long chord of North 45 degrees 45 minutes 23 seconds East at 206 . 33 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set in the westerly boundary line of a tract described in the deed to David Machalica as recorded in Volume 7193 , Page 160 of the Deed Records , Tarrant County, Texas; THENCE South 08 degrees 26 minutes 50 seconds East with said westerly boundary line, 12 . 28 feet to the most easterly northeast corner of aforesaid Lot 2; ( Page 1 of 3 ) 105•B Bedford Rd. • Bedford,Texas 76022-6208 • Metro(817)268-2211 • Fax(817)282-0401 Member Texas Society of Professional Surveyors a American Consress on Surveyin`k Mappint 5G-15 1 i EXH171' .) /j 'a �'N David C. oagk.u-rygyors, Inc. Registered Z roof ssional Land Surveyors •Acreage David C.Moak,R.P.L.S. Texas New Mexico Arizona • Nevada •Topography Consultant •Subdivisions •Loan Surveys David W.Myers,R.P.L.S. • Investigative Surveys President •Construction Layout THENCE along the northerly boundary line of said Lot 2 as follows : South 37 degrees 23 minutes 36 seconds West departing said westerly boundary line, 17 . 07 feet; South 41 degrees 23 minutes 36 seconds West, 87 . 07 feet; South 45 degrees 43 minutes 35 seconds West, 180 . 55 feet to the place of beginning and containing 0. 1042 acres of land, more or less, as surveyed by David C. Moak Surveyors , Inc . during the month of February 1998. ( Page 2 fo 3 ) 105-B Bedford Rd. • Bedford,Texas 76022-6208 • Metro(817)268-2211 Fax(817)282-0401 Member Texas Society of Professional Surveyors&American Congress on Surveying&Mapping 5G-16lF TYPE 2. . t f 47, `JG ��• n�� 4/Z�MOAJ�5.�. M 1 �V V . �< eo CO \` 4,dl 1 D � U, . ob 1E�xwr l yi10wtuv� wrau1-oF WAY R1 AW WNIE-i 11- -4 _ twlw" A rc:vZ lotJ t7F- cv0uj-l.1 WWI WAPeL coL wTy i 1t-xA5- (PACle 3 OF- 3 ( SEE D��C.tz•II�10/J � . The plat hereon is an accurate representation of an actual survey made on the ground under. my supervision and the lines, corners, and dimensions of said property are as indicated:.:' The size, location, and type of buildings and improvements shown are as indicated: Said improvements being within the boundaries of the property, except as shown, and set back, from 'the boundgry lines the didtanaes: indicated: The distance from the nearsst ' 11 Intersecting street'or road is as showfi:.Thera are no apparent encroachments, protrusions, boundary line.confliats. visible easements or . easements of record as furnished to us. . ' .'except as shown or noted otherwise. SCALE LEGEND A4Y/D C. iW.4/( Sur veyors, /nc. . t • FOUND STEEL ROD REGISTERED PROFESSIONAL 0 SET CAPPED STEEL ROD LAND SURVEYORS * CROSS CUT IN CONCRETE SG-17 FOUND STEEL PIPE p,O• BOX 1034 (617) 26e-22I1 O FOUND 6013 D'ARC STAKE HURST• TEXAS 76053 -A}— POWER OR TELEPHONE LINE ?- 20-9��. -- - CENTERLINE FENCE .`.: .i DATE JO9M gj•Z7Z �n of tAia veidlnplat not is soahoea Ink nah"•6%ol"be SwArad to osatoM. �* tlwrdaa q IM NatoQ '''� t EXMIT C EXHIBIT 'C' UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives of the respective u���t�iili��,,c anies, hereby express no objection to the abandonment of the portion of wh1fd5 C''r.o W. so noted on the attached exhibits, Tarrant County, Texas. Texas L'tili 'es Electric Tri-County Electric jCCoop., Inc. Signed: Signed: Ste- / . �eK Printed dame: Coll /AP(- Printed Name: Title:"!�- SKIV.0 e T hAtler Title: Aei—,el ,T �,4Aj*&E-2 Dace: 3—y—9'8 Date: 40,ep Z/, /999 GTE Central, Inc. ®® Lone Star Gas Company Signed: awl/ Signed: / Printed Name:5 ;�,o*) Printed Name: /n� zoo Tit!e: /(„t e. Title: Po;p. (�e�errf'ao Dare: 3-l 7.9b Date: 3-s=9F Marcus Cable Signed: ?V"1.1) Prirced Name: Tic!e: Q gJAZ, 4-sal - Date: S 5G-18 v • EXffiBIT D ADJACENT OWNERS APPROVAL We the undersigned, as duly authorized representatives of the respective adjacent owners, hereby express no objection to the abandonment of the portion of White Chapel Blvd. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Virgile Cash Signed. Printed: L Date: — / Roger G. B ird Signed-Ad/XA.A Adoled Printed:,�„�2„s �SoGG!° Date:J15—/— �X Signec�� c. Printed: Date: 3. 16, Aubrey or Rosa Smith Signed: Printed: Asa ,fie Q Date: Y — / — 4 ? 5G-19 + t City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Authorize the Mayor to enter into an Administrative Services Contract with the Southlake Crime Control and Prevention District Section 363 of the Local Government Code provides that a crime control and prevention district may enter into a service agreement with a municipality. A formal agreement will serve the purpose of defining expectations and clarifying operating procedures and ensures the Board that its day-to-day business will be managed appropriately. The attached agreement was approved by the Board of Directors of the District at their April 1 meeting. The following are highlights of the key provisions of the agreement: ► The agreement provides that the City of Southlake will provide administrative support to the District at no cost to the District. Section I delineates the administrative services which will be provided. ► Section H specifies that the Board will transfer funds to the city for the costs of the SROs and the capital projects as provided for in the approved budget. ► The term of the agreement will be eighteen months, and will renew automatically for successive one year terms, unless either party gives 60 days written notice of intent to terminate. ► "Exhibit A" is intended to delineate the operating protocol between staff, the Board, the Planning & Zoning Commission and the City Council. This matrix was designed to delineate the relationships and the responsibilities. Please place this item on the City Council agenda for April 7, 1998. 1 will be happy to answer any questions you may have about this contract or the activities of the Southlake Crime Control and Prevention District. S S �� APR-02-199e 13:46 LAW FIRM 81? 332 4?40 P.02i08 AGREEMENT FOR ADMINISTRATIVE SERVICES THIS AGREEMENT is entered into as of the day of , 1998,by and between Southlake Crime Control and Prevention District(hereinafter referred to as the"District's and the City of Southlake, Texas(hereinafter referred to as the"City"). WITNESSETH WHEREAS, the voters of the City of Southlake favorably elected to create a Southlake Crime Control and Prevention District on November 4, 1997; WHEREAS,pursuant to the Texas Crime Control and Prevention District Act, Chapter 363 of the Texas Local Government Code, (hereinafter referred to as the"Act' ,two-year crime control and budget plans were prepared and properly adopted by both the District and the City. WHEREAS,the aforementioned crime control and budget plans call for funds to be allocated to the City for programs authorized by Section 363.151 of the Act; and WHEREAS, Texas Local Government Code sections 363.106 and 363.158 of the Act grant the District authority,to enter into service contracts with municipal governments such as the City. NOW,THEREFORE,for and in consideration of the mutual covenants contained herein,the parties agree as follows: I. CITY QBLIGATION The City shall: A. Provide the District with administrative services as follows: 1. Day-to-day management of District business affairs 2. Budgetary accounting in accord with generally accepted accounting principles and the District's adopted and/or amended budget 3. Purchasing services 4. Investment of funds, management of depository contract 5. Monthly financial reporting 6. Drafting of annual budgets and budget amendments for District Board consideration 7. Annual audit preparation 8. Agenda preparation 9. Preparation of notices of public meetings 10. Recording of District Board meeting minutes H;\L(DRARY\soumlake\AGREEMFN\ALLOCAT£,002.WPD PAg`t �Na APR-02-19% 13:46 LAW FIRM el? 332 4740 P.03/Oe 11. Coordinate land acquisition as directed by the Board and City Council for facilities 12. Manage design and construction of District projects 13. Manage upkeep,maintenance and operation of facilities 14. Preparation of applications seeking outside or non-District resources 15. Development and dissemination of informational materials 16. Preparation of monthly program performance reports 17. Preparation of an annual evaluation of all District programs 18. Other similar and related tasks and services. B. In connection with programs that are funded by the District,the procedures set forth in Exhibit"A", attached hereto and incorporated herein will apply. C. Render the aforementioned services pursuant to all applicable local,state,and federal laws,rules and regulations including,but not limited to, the Texas Crime Control and Prevention District Act, Chapter 363 of the Texas Local Government Code,the Open Meetings Act, Chapter 551, Texas Government Code, the Texas Local Government Code,and Article 836 and 837,Vernon's Texas Civil Statutes,and the Public Funds Investment Act, Chapter 2256,Texas Government Code). Nothing herein shall authorize the City to execute a contract on behalf of the District, or to expend funds except as specifically authorized herein H. DISTRI OBLIGATIONS The District shall: A. Transfer sales tax fields to the City in an amount: 1. Equal to the pay,benefits(FICA,group insurance,retirement,etc.),uniform and equipment costs of two (2) full-time sworn police officers assigned as school resource officers. [This amount shall be paid each year of this Agreement in equal quarterly installments. The overall payment for these services over a twelve (12) month period shall not exceed the amount provided in the District's approved and/or amended budget,less any grant or other non-District fields which are otherwise designated for the same purpose. The parties agree that they contemplate that the school resource officer program will be for a period of three (3) years, and that the District contemplates funding the program for this period of tine.], and 2. Land acquisition and capital expenditures for programs approved by the Board. B. Pay the first payment due herein upon receipt of the first remittance from the State of Texas, and this payment shall include all payments accrued up to that date. i H:,LI BRA RY1Nouthlake',AGUZMEN\ALLOCAT2.002.WPO Page Z �f�-3 APR-02-199e 13:46 LAW FIRM 817 332 4740 P.04/08 C. Comply with all applicable local, state, and federal laws, rules and regulations including,but not limited to,the Texas Crime Control and Prevention District Act, Chapter 363 of the Texas Local Government Code,the Open Meetings Act,Chapter 551,Texas Government Code,the Texas Local Government Code, and Article 836 and 837, Vernon's Texas Civil Statutes. I.I.I. GENERAL CONDITIONS A. The City and its employees,subcontractors,and agents shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the performance of this Agreement, including, but not limited to, equal employment opportunity, tax laws, social security laws, unemployment compensation laws, and workers' compensation laws. B. The City and the District expressly agree and acknowledge that the persons providing services under Section 1 of this Agreement shall be employees of the City,and in no circumstances shall they be construed as employees of the District for any purpose. The City has been and will be free from any control or direction by the District over the performance of services covered by this Agreement. This shall not apply to the City's Director of Finance,who,pursuant to Tex.Local Gov't Code sec. 363.143(a) shall serve as treasurer for the District, to the extent of the Director's duties as treasurer for the District. C. The City and the District expressly recognize and covenant that any Sales Tax proceeds transferred to the City by the District may only be expended: 1)to construct projects, 2) to reimburse the City for the construction costs relating to any such projects, or 3) to pay or reimburse the City for any costs incurred by the City in accordance with the Act or applicable law, D. The District may,upon reasonable notice to the City, examine and copy the books and records of the City relative to all matters covered in this Agreement. Any claims arising from such examinations shall be submitted by the District to the City for immediate settlement. The City and its contractors, subcontractors, or employees shall maintain all books,documents,papers,accounting records,and other evidence pertaining to costs incurred relative to this Agreement and shall make such materials available at its respective officers at all reasonable times during the contract period and for three years from the date of the final payment under this Agreement. Copies of referenced materials shall be furnished upon request. E. THE CITY SHALL INDEMNIFY AND HOLD HARINILESS THE DISTRICT AGAINST ANY AND ALL CLAIMS,DEMANDS,SUITS,J UDGMENI'S,OR SUMS OF MONEY TO ANY PART ACCRUING AGAINST THE DISTRICT FOR LOSS OF LIFE,LOSS OF BUSINESS, INJURIES,OR ANY TYPE OF Ii:)LI5ft.AxY\SoutWakeAOREEMENW.LACATB,W2.wPD Pate 3 �y APR-02-1998 13:47 LAW FIRM 817 332 4740 P.05i08 DAMAGE TO PERSONS OR PROPERTY GROWING OUT OF OR RESULTING FROM, OR BY REASON OF, ANY NEGLIGENT ACT OR OMISSION OF THE OPERATION OF THE CITY, ITS AGENTS, OR EMPLOYEES WHILE ENGAGED IN OR IN CONNECTION WITII THE DISCHARGE OF THE PERFORMANCE OF THE SERVICES TO BE DONE OR PERFORMED HEREUNDER, WHETHER OR NOT THE ACT OR OMISSION RESULTS FROM THE NEGLIGENCE OF DISTRICT OR ITS OFFICERS AND SHALL ALSO HOLD THE DISTRICT HARMLESS FROM ANY AND ALL CLAIMS OR LIENS FOR LABOR, SERVICES, OR MATERIALS FURNISHED TO THE CITY IN CONNECTION WITH THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. F. The City shall not assign any interest in this Agreement and shall not transfer any interest in the same without the proper written consent of the District. G. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. H. Unless otherwise provided herein, any notice, communication, request, reply or advice (herein severally and collectively, for convenience called "Notice') herein provided or permitted to be given,made or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified,with return receipt requested,or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective,unless otherwise stated herein, from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes ofnotice,the address of the parties hereto shall,until changed as hereinafter provided,be as follows: If to the City, to: City of Southlake Attn: City Manager 1725 E. Southlake Blvd. Southlake, Texas 76092 If to District, to: Southlake Crime Control & Prevention District Attn: President 1725 E. Southlake Blvd. Southlake, Texas 76092 H;1Lf13RAF rZoLLihiakc\AGREF-,dEN%ILLLOCATE.002.WPD Pap 4 V � �� APR-02-19% 13:47 LAW FIRM 317 332 4740 P.06/08 The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least ten(10) days' written notice to the other party hereto. 1. The City and the District covenant that they will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this agreement. The City and the District covenant that they are duly authorized under the laws of the State of Texas to execute and deliver this Agreement,that all actions on their part as provided herein and the execution and delivery of this Agreement have been duly and effectively taken according to the import thereof as provided in this Agreement. 1. In the event that either party shall be entirely prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of such party, then such party shall be excused from any further performance of its obligations and undertakings hereunder. In the event the performance of either party of any obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war,riot,civil commotion,sovereign conduct,or the act or conduct of any person or persons not party or privy hereto,then the party shall be excused from such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. K. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. L. The recitals contained in the preamble hereof are hereby bound to be true,and such recitals are hereby made a part of this agreement for all purposes and are adopted as a part of the judgment and findings of the City Council and the Board of Directors of the District. M. If any provision of this Agreement or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Agreement and the application of such provisions to other persons and circumstances shall nevertheless be valid,and the District and the City hereby declare that this Agreement would have been enacted without such invalid provision. N. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be constructed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. O. /The term of this Agreement shall be eighteen(18)months,beginning April 1, 1998 FI:\L.IBRARrSouthlake\AGREEMEN\ALLOCATE.002.WPD Pap 5 JW-6 APR-02-19% 13:48 LP" FIRM e17 332 4740 P.07i0e and ending September 30,1999. Thereafter,the Agreement will renew automatically for successive one year terms,unless either party gives sixty(60)days written notice of intent to terminate. P. This Agreement maybe amended upon mutual consent of the parties,which must be approved by the governing bodies of both parties. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first written above. ATTEST: THE CITY OF SOUTHLAKE: Sandra L. LeGrand Curtis E.Hawk City Secretary City Manager ATTEST: THE SOUTHLAKE CRIlvIE CONTROL AND PREVENTION DISTRICT Secretary Andy Wambsganss President H:1LIB RA[tYVSouthl alcnV.GREE34tEVW LLOCAT'E.002.WPD Pasc 6 EXHIBIT A Operating Protocol for Crime Control District Projects April 1998 Document Staff DRC CCD Board P&Z City Council CCD Budget Prepare Consider Consider Staff Employment Consider Inform Inform Grant Applications Prepare Consider Inform Equipment Purchases Per Recommend Consider for Consider State Statute funding Site Identification Recommend Consider for Consider funding Contract (Land) Recommend Consider for Consider funding Closing (Land) Inform Mayor Contract (Professional Recommend Consider for Consider Services) funding Program Development Prepare with Consider for Consider Funding Evaluation Consultant funding Zoning Change/Concept Prepare w/ Review Inform Consider w/ Two Rdngs. Plan -- COS Process Consultant P. Hearing 1- Consider 2-P. Hearing Site Plan Approval* Prepare w/ Review Inform Consider w/ Consider Consultant P. Hearing One Rdng. Preliminary Plat** Prepare w/ Review Inform Consider w/ Consider Consultant P. Hearing Final Plat** Prepare w/ Review Inform Consider Consultant Plat Revisions** Prepare w/ Review Inform Consider w/ Consider w/ Consultant P. Hearing P. Hearing Authorization to Bid Prepare Consider for Consider (Construction) funding Construction Budget Recommend Consider for Consider Priorities funding Award of Contract/Bid Prepare Consider for Consider funding Change Orders per State Prepare Consider for Consider Statute Recommend fundin *This process only for corridor impacted sites. Sites not on the corridor would be processed by staff. **Platting requirements will vary by site. c 1 City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to execute a lease agreement with Southwestern Bell Wireless, Inc. for the placement of an antenna on the Miron water tower BACKGROUND Southwestern Bell Wireless, Inc. (SWBW) has requested they be leased space on the proposed Miron water tower for the placement of an antenna. This includes a ground unit on the tank site. S WB W agrees to pay an annual rent of$11,040.00 for a term of 5 years which may be extended for four additional five-year terms. This agreement is the City's standard lease agreement for antennas and equipment placed on City water towers. I City Attorneys have reviewed the agreement and their concerns have been addressed. RECOMMENDATION Staff recommends Council authorize the Mayor to execute a lease agreement with Southwestern Bell Wireless, Inc. for the placement of an antenna on the proposed Miron water tower. Please place this item on the April 7, 1998 Regular City Council Agenda for City Council review and consideration. BW Attachment: Proposed Lease Agreement 1 51-1 GROUND AND TOWER LEASE AGREEMENT SITE ID:3223 THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this 6th day of May, 1997, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and Southwestern Bell Wireless Inc. ("SWBW'), acting in its capacity as general partner of the Dallas SMSA Limited Partnership, and being a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 15660 Dallas Parkway, Suite 1300, Dallas,Texas 75248. In consideration of the premises and of the mutual obligations and agreements in this Lease,the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed 1.5 M.G. Elevated Water Tower, ("Tower") at Miron Drive, City of Southlake, County of Tarrant, State of Texas ("OWNER's Property")which is described on the attached Exhibit"AL" The parties agree that the legal description of OWNER's Property may be attached as Exhibit"A I"after execution of this Lease. B. SWBW hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any SWBW's equipment. SWBW may terminate this Lease without penalty if SWBW does not agree to the Property or landscaping requirements. In addition, SWBW shall have the right to run cables and wires under, over and across OWNER's Property to connect SWBW's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. SWBW may park its vehicles on OWNER's Property when SWBW is constructing,removing,replacing,and/or servicing its communications facility. C. SWBW covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. SWBW accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants SWBW the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that SWBW's use of the Property will be compatible with SWBW's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). SWBW may terminate this Lease without penalty if, in its sole discretion, determines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and SWBW further agree that the Property(including an access right-of-way thereto but excluding the space on the Tower)may be surveyed by a licensed surveyor at the sole cost of SWBW, and such survey shall then replace Exhibit"A2" and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. `�•- GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 1 51-2 t 2. LEASE AND EASEMENT OWNER leases the Property to SWBW and grants to SWBW a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of SWBW, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on 1998 ("Commencement Date")at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty(30)days before any rent payment date. B. SWBW is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then-current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent(15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. SWBW may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required SWBW antenna array(as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. SWBW shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER,which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by SWBW from time to time provided SWBW obtains, pursuant to Paragraph 4.13., all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by SWBW on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by SWBW to OWNER shall be deemed approved if OWNER does not respond to a request from SWBW within fifteen (15) days. Improvement of the Property to meet SWBW's needs shall be at SWBW's sole expense, and SWBW shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that SWBW's ability to use the Property for its intended purposes is contingent upon SWBW's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals")that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by SWBW. OWNER shall cooperate with SWBW in SWBW's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect SWBW's obtaining or maintaining such Governmental Approvals, so long as SWBW is in compliance with applicable provisions of the Southlake City Charter,ordinances, and rules. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 2 51-3 5. TERMINATION A. Provided SWBW is not in default hereunder, if any of the following occurs, SWBW shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. 1. SWBW determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for SWBW intended use of and improvements to the Property desired by SWBW or that it will be too time consuming or expensive to obtain such Governmental Approvals;or 2. SWBW's application for any Governmental Approvals necessary for SWBW's use of the Property and improvements desired by SWBW's is denied;or 3. any Governmental Approvals necessary for SWBW's use of the Property and/or improvements to the Property, whether now or hereafter desired by SWBW, are canceled, expired, lapsed or are otherwise, terminated or denied so that SWBW, in its reasonable judgement, determines that it will no longer be able to use the Property for SWBW's intended use;or 4. the Federal Communications Commission allocates the frequencies at which SWBW may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in SWBW's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or 5. if SWBW determines that the Property has become unsuitable for SWBW's operations due to changes in system or network design or in the types of equipment used in such operations or SWBW's operations at the Property become unprofitable;or 6. If OWNER commits a breach of this Lease and fails to cure such breach within ten (10) days after notice of the breach and requests to cure from SWBW;or B. Provided SWBW is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by SWBW, SWBW shall have the right to terminate this Lease upon one(1)year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to SWBW. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to SWBW should OWNER, in its sole discretion, determine that the Tower upon which SWBW's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach, default or failure by SWBW to perform any of the duties or obligations assumed by SWBW under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to SWBW ten (10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable description of the breach, default or failure. If SWBW shall fail or refuse to cure, adjust or correct the breach, default or failure within said ten(10)days written notice to SWBW,to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of SWBW hereunder shall cease and terminate and SWBW shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event SWBW does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER,enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by SWBW or Owner pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 3 51-4 n 6. ASSIGNMENT AND SUBLETTING A. Except to a"Partner Company,""Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of SWBW(as defined below), SWBW shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to SWBW's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by SWBW shall relieve SWBW of any obligation to be performed by SWBW under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve SWBW from the obligation to obtain OWNER's express written consent to any other assignment or sublease. C. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of SWBW, if SWBW is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital or voting power) or a majority of the persons composing the managers of the partnership, if SWBW is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to SWBW within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or(b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by SWBW, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense),and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate SWBW's equipment or antenna array. In the event that following repairs,the Tower is no longer suitable for SWBW's intended uses, SWBW's sole remedy shall be to terminate this Lease. C. If OWNER(a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45)days after the casualty, or(b)notifies SWBW of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to SWBW the written notice required under Paragraph 7.A. within twenty (20) days, then SWBW may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. SWBW ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF SWBW IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, 14 , 1 GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 4 51-5 MAINTENANCE, USE OR CONDITION OF SWBW'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF SWBW, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF SWBW'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH SWBW HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF THE SWBW AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. SWBW SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY SWBW AND ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF SWBW, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, EXPENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE,TO ANY OTHER PERSON OR ENTITY. E. SWBW shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that SWBW carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. SWBW will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by SWBW under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of SWBW, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. SWBW may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If SWBW elects to self- insure,then SWBW shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of SWBW herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. SWBW agrees to furnish OWNER with certificates of insurance certifying that SWBW has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (I) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) SWBW will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) SWBW's insurance is primary in the event of overlapping coverage which may be carried by OWNER." 9. UTILITIES A. SWBW shall be responsible directly to the serving entities for all utilities required by SWBW's use of the Property;however,OWNER agrees to cooperate with SWBW in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, SWBW will install an electric meter and GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 5 51-6 SWBW's usage shall be read by OWNER or, at OWNER'S option, by SWBW, on an annual basis and the cost of electricity used by SWBW shall be paid by SWBW to OWNER annually as a payment separate from rent and shall be computed at the then-current public utility rate. B. Should a power outage occur so that SWBW is unable to operate using power from the electric utility, SWBW may operate with an electric generator,but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. SWBW's antennas and equipment shall remain personal to and the property of SWBW. At the termination or expiration of this Lease, if notice is received from OWNER, SWBW shall remove its antennas and/or equipment. SWBW shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of SWBW's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by SWBW and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to SWBW therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to SWBW within one hundred eighty(180)days after the removal of antennas and equipment by SWBW or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. SWBW DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by SWBW: (1) The failure by SWBW to make any payment of rent or any other payment required to be made by SWBW hereunder,as and when due,where such failure shall continue for a period of ten(10)days after written notice thereof is received by SWBW from OWNER. IN", observed The failure by SWBW to observe or perform any of the covenants or provisions of this Lease to be observed or performed by SWBW, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by SWBW from OWNER; provided however, that it shall not be deemed an Event of Default by SWBW if SWBW shall commence to cure such failure within said ten (10) days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by SWBW, in addition to any other remedies available to OWNER at law or in equity,OWNER shall have the option to terminate this Lease and all rights of SWBW hereunder. 12. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,postage prepaid,addressed as shown below(or to any other address that the party to be notified may have designated to the sender by like notice): SWBW: Southwestern Bell Wireless Inc. Attn: Real Estate Manager, Site#3223 Address: P.O. Box 797246 Dallas,Texas 75379 Telephone Number: (972)774-4691 (972)774-4704(telecopy) GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 6 51-7 With a copy to: Southwestern Bell Wireless Inc. Attn: Legal Department, Site#3223 \� Address: 15660 Dallas Parkway, Suite 1300 Dallas,Texas 75248 OWNER: City of Southlake,Texas Attn: Curtis E. Hawk,City Manager Address: 667 North Carroll Avenue Southlake,Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than SWBW, then such transfer shall be under and subject to this Lease and all of SWBW's rights hereunder. 14. HAZARDOUS SUBSTANCES A. SWBW represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws(as defined in attached Exhibit"B"). OWNER represents and warrants that it has received no notice of,nor has any knowledge of,any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that,to the best of its knowledge,the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit"B"attached hereto. B. OWNER shall be responsible for and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of all spills or other releases of Hazardous Substances not caused by SWBW,that have occurred or that may occur on the OWNER's Property. C. SWBW agrees to defend, indemnify and hold OWNER harmless from and against any and all claims,causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNEWs Property or the migration of any Hazardous Substance to other properties or released into the environment arising from SW'BW's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold SWBW harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that SWBW may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned,either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking,then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or .. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 7 51-8 condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that SWBW may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for SWBW's purposes,provided such space is available. The exact site to which SWBW may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by OWNER)provided that SWBW reasonably approves the site as equally suitable for SWBW's intended uses. OWNER will designate a site to which SWBW may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of SWBW, then SWBW may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and SWBW hereby expressly assigns to OWNER any and all right, title and interest of SWBW now or hereafter arising in and to any such award. SWBW shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to SWBW on account of the leasehold interest of SWBW now or hereafter arising in and to any such award. SWBW shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to SWBW on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of SWBW. 16. LIENS SWBW shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for SWBW. SWBW shall,within twenty(20)days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits SWBW to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES SWBW shall be liable for and shall pay to the applicable taxing authority if billed directly to SWBW, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any 4 personal property or trade or other fixtures placed by SWBW in or about the Property. SWBW shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, as a result of improvements constructed by SWBW on the Property. SWBW will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that SWBW, upon paying the rent and performing the covenants herein provided,shall peaceably and quietly have and enjoy the Property. B. SWBW covenants and agrees that SWBW's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of SWBW's antennas and/or transmission lines on the Tower. SWBW shall coordinate with OWNER and all other operators of existing radio equipment at the Tower to insure that SWBW's frequencies and antenna locations will be compatible with said existing radio equipment. In the event there is harmful interference to said electronic equipment, SWBW will promptly take all steps to eliminate said harmful interference within ten (10) days after notice from OWNER or such other operator to SWBW advising of the interference. If said interference cannot be eliminated within thirty(30)days of notice thereof, SWBW agrees to suspend operations(transmissions)at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated,then SWBW shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. In addition, in the event GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 8 51-9 Y OWNER desires to install its own additional radio equipment at the water tower site in the future, SWBW agrees to work with OWNER to eliminate any interference with said radio equipment. However, SWBW shall not be required to eliminate interference on equipment installed after SWBW equipment is installed. However, in no event shall SWBW be required to diactivate or move its antennas or equipment on the tower site or the equipment building.. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or operate any equipment which would interfere with SWBW's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with SWBW to ensure that their frequencies and antenna locations will be compatible with SWBW's and to agree to a clause similar to this Paragraph 8.B.(1) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of SWBW herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease,the OWNER assumes no responsibility for the licensing, operations and/or maintenance of SWBW's equipment,antennas,transmission lines or attachments. 19. COORDINATION OF OPERATION A. OWNER agrees(i)to use diligent efforts to minimize inconvenience to SWBW so as not to cause or permit any interruption or interfere with the operations of SWBW's antennas or equipment, and (ii) to give SWBW notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of SWBW's wireless communications facility,antennas or equipment at least sixty(60)days written notice before the repair,alteration,addition, improvement or shut down of the tower. B. Only qualified and adequately insured employees, agents, contractors or persons under SWBW's direct supervision will be permitted to climb the Tower and to install, maintain, or remove SWBW's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with SWBW's use of the Tower, and so long as SWBW complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of SWBW's antennas unless SWBW is notified prior to such activity. OWNER agrees to give SWBW reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give SWBW telephonic notice (at 1-972-774-4691) of repairs, alterations,additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of SWBW causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower,then SWBW shall have thirty(30)days within which to correct such radio interference, pursuant to Paragraph II.A. (2) hereof, unless such interference is with OWNER's emergency communications;then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting,etc. of the Tower without compensation or liability to SWBW, even though such maintenance and painting may cause interference with SWBW's operations. OWNER shall notify SWBW at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of SWBW's equipment and allow SWBW to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify SWBW prior to performing any emergency maintenance on the Tower. F. To the extent that any shut down, repair, alteration, addition or improvement of the Tower might adversely affect GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 9 51-10 Y the operation of SWBW's Wireless Communications facility, antennas or equipment for a period in excess of fourteen (14) days,the rent shall be abated for the relevant time period during which SWBW's operations are adversely affected. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of SWBW's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that SWBW's antennas and/or the Tower be lit and/or marked, SWBW may install and maintain such lighting and markings. In no event, however, shall SWBW be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit SWBW access to all portions of the Tower that SWBW may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and SWBW represent to each other that they have not negotiated with any real estate broker in connection with this Lease. SWBW is represented by Lane Commercial Properties, Inc., a licensed Texas broker, for the purpose of negotiating this lease agreement. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of SWBW, shall provide SWBW with a certificate stating: (1)whether OWNER has any claim against SWBW and if so, stating the nature of such claim; (2) that OWNER recognizes SWBW's right to SWBW's antennas,equipment and other property; (3)that SWBW has the right to remove SWBW's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to SWBW's equipment and other property. B. SWBW, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to SWBW's knowledge, there are then existing any set-offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of SWBW to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on SWBW,but SWBW does not acknowledge that the OWNER has a right to franchise SWBW or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and SWBW, and no verbal agreements or understandings shall be binding upon either OWNER or SWBW, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by SWBW, OWNER, at its sole cost,shall GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 10 51-11 maintain in good condition and repair,the Tower and other improvements upon which the Property is located. SWBW agrees that SWBW's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at SWBW's sole cost and expense. SWBW, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives,successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning,and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to SWBW's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also SWBW's right to remain in occupancy and have access to the property as long as SWBW is not in default of this Lease. SWBW shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER'S Property, OWNER agrees to use its best efforts in cooperating with SWBW to obtain from the holder of such encumbrance an agreement that SWBW shall not be disturbed in its possession,use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and,as so modified,such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof,then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing parry,together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and SWBW shall be entitled to immediate restraint by injunction of any violation of any of the covenants,conditions,or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. END OF ARTICLES INr.- GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 11 51-12 IN WITNESS WHEREOF,OWNER and SWBW have duly executed this Lease as of the day and year first above written. SWBW: Dallas SMSA Limited Partnership By Its General Partner Southwestern Bell Wireless Inc. By: Name: Lowell D. Whitlock Its: Vice President, General Manager Address: 15660 Dallas Parkway, Suite 1300 Dallas, Texas 75248 OWNER: City of Southlake,Texas By: Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 12 51-13 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Lowell D. Whitlock, Vice President and General Manager, Southwestern Bell Wireless Inc., a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Southwestern Bell Wireless Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D. 1998. Notary Public in and for the State of Texas My Commission Expires GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 13 51-14 t t NOTARIES-GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1998, by ,of a corporation,on behalf of the corporation. ❑ by partner(or agent)on behalf of ,a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1998, by of a corporation,on behalf of the corporation. ❑ by partner(or agent)on behalf of ,a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) M:\WP-F[LES\AGREEMNT\SWBW\LEASE.WPD MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 14 51-15 L t EXHIBIT"A1" LEGAL DESCRIPTION SITE ID: 3223 The description of the Property is as follows: Lot 3R-6 of the Miron Addition,situated in the John A. Freeman Survey,Abstract No. 529 as recorded in Cabinet A, Slide 1252 of the Pat Records of Tarrant County,Texas. �. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 15 51-16 Y EXHIBIT"A2" TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: 3223 Antennas will be mounted on the Tower located on OWNER'S Property described in Exhibit"AI". MMM1E=W-fNllfl Wdl 7B1 SouTHLAKE- � _ 3byf,lf Yp Fy}T(/f. aacc� 4 MWJK moo GM OF RVINM ==z r e5. _ Gy lib beKY.G,�t,'7L�fCrN� 7' s T. U DMIt uq 1W m_ GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 51-17 ti EXHIBIT"AY TENANT'S PLAN AT ANTENNA SITE ID: 3223 30 Ti� ! ! I I I aduv.6kuOs�F — � I —rsrta�/�vvG' I • 1 I t9.o— la lc pwyc� A•�+tsJla(1r�Gtf4'wL . Q ' AarrtrKv ivnunw I i / f � -cYrs�y�uT7 Grxfrlru_� I I L —— —— — s s pc -rV*DU-. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 51-18 �.4 EXHIBIT"B" Ground and Tower Lease Agreement dated , 1998 between the City of Southlake, as OWNER and SWBW of Texas, Inc., a Delaware Limited Corporation, d.b.a., SWBW Communications("SWBW"). As used in this Lease,"Environmental Laws"means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to,the Resource Conservation and Recovery Act,42 U.S.C. § §6901,et seq.,the Clean Air Act,42 U.S.C. § § 7401, et seq.,the Federal Water Pollution Control Act,33 U.S.C. § § 1251,et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat,or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT(Revised 3/31/98) 51-19 City of Southlake, Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Clemons Tractor Company for the purchase of a 1998 42hp diesel replacement tractor for the Streets/Drainage Division BACKGROUND During the 1997-98 budgeting 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 with 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 streets/drainage division is responsible for a large portion of ROW within the City, including some state ROW. Low bidder for the Newholland 42hp diesel tractor is Clemons Tractor Company with a bid of $14,011. This is below the $16,000 provided in the 1997-98 budget for the purchase of a mowing tractor. RECOMMENDATION Staff recommends Council authorize award of bid for the purchase of a 1998 42hp diesel tractor to Clemons Tractor Co. in the amount of$14,011. Please place this item on the April 7, 1998 Regular City Council Agenda for City Council review and consideration. BW Attachment: Bid Tabulation 5J-1 L Y Bid Tabulation Sheet for One 1998 42hp Diesel Tractor Wednesday, April 1, 1998 10:00 a.m. @ City Hall in the Council Chambers 667 North Carroll Avenue Southlake,Texas Contractors 1998 42hp Diesel Total Tractor Clemons Tractor Company $16,284.00 $16,284.00 Clemons Tractor Company $14,011.00 $14,011.00 Zimmeren Kubota and $14,800.00 $14,800.00 Equipment Attendees: Sandy LeGrand, City Secretary Ernest Bramlett, Water Utilities Superintendent Kurt Long, Crew Leader 5J-2 i Y City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Atlas Utility Supply Company for the purchase of 400 Hydro-Storz Hydrant Systems and 50 Hydro-Storz Quick Connect Blind Caps BACKGROUND During the preparation of the FY 97-98 water utilities budget, Council authorized the purchase of 400 Hydro-Storz Hydrant Systems and 50 Hydro-Storz Quick Connect Blind Caps. The budget provides $58,000 for the purchase of these items. The purpose of these items is to provide a much faster connection of fire hoses to hydrants as compared to a conventional connection. This will increase the effectiveness of fire services when responding to a call. Low bidder for these items is Atlas Utility Supply Company with a bid of$53,975. Bids were publicly opened and read aloud on April 1, 1998. RECOMMENDATION Staff recommends Council award the bid for the purchase of 400 Hydro-Storz Quick Connect Hydrant Systems and 50 Hydro-Storz Quick Connect Blind Caps to Atlas Utility Supply Co. in the amount of$53,975. Please place this item on the April 7, 1998 Regular City Council Agenda for City Council review and consideration. w • � BW Attachments: Bid Tabulations Equipment Specifications SK-1 t O O O F O O O T O O C h C O U ch ~ y 0 _^ ell fA U [� O O C1 F" U � N a + Z Cl) � T z r O O O O OLO O N Q) y x U p Cl) M r. In ti• co 3 J C r U OD V O - z:;) r '= N 69 O O F OCD CD CD O o O ? In z LO 64), U) O O Q C :S F. �= O CD a Cl C U of co 3 0 z N CO y v u = ^ r ER EA Z E.. z CD O rTl — W Z F m W f � N F- m f N z F z o c z � 0 ^ w ~ O F z U .:. 0 l U Y Ems- U 3 U O O O C x O Z — p O ea U w �- z Q __ E. O U — ¢ < c0 = 00 y z z N V o 5K-2 IF CITY OF SOUTHLAKE SPECIFICATIONS FOR 400 HYDRA-STORZ QUICK CONNECT HYDRANT SYSTEMS The Hydra-Storz hydrant nozzle adaptors shall be constructed of high strength, light weight, corrosion resistant aluminum alloy capable of being securely attached in threaded fire hydrant nozzles. A rugged stainless steel butterfly valve assembly shall be provided, designed to automatically open with water flow. The butterfly valves shall be spring loaded and remain shut when there is no water flow, providing security and protection for the hydrant nozzle opening. A Storz hose connection shall be provided conforming to industry standards. The hose sealing surface shall consist of a machined metal seat to eliminate rubber gaskets. Hydrant thread connections shall be 4 ''/z"National Hose. For hydrant thread other than National Hose, detailed thread specifications and/or a thread sample will be provided. Hose connections shall be 5" Storz. Provide fifty(50) 5"Hydra-Storz blind caps. 5K-3 Y City of Southlake, Texas NIENI0RANDUN1 April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Village Center East Circulation Study: Draft#2 dated 3/9/98 We are forwarding Draft #2 of the Village Center East Circulation Study dated 3/9/98 to your attention. This draft reflects the feedback obtained from three separate property owner meetings and the recommendations of the Planning and Zoning Commission made at their 3/5/98 regular meeting. The detailed analysis of the varying options begins in the third section on page 11, and continues through the end of the report to the summary and conclusions, followed by a graphic illustration of the proposed alignments and copies of written correspondence we have received. Staff has been in continual contact with a large number of property owners in the area and anticipates receiving a fair amount of public comment concerning the study from these and other interested parties at the City Council meeting on Tuesday. Staff will be available to answer any questions you may have prior to and during the Council's consideration of all of these issues. Please place this item on the City Council's agenda for public hearing at the regular meeting of April 7,,11998. CLC i L:\COMDEV\WP-FILES\PROJECTS\CORRIDOR\VC-EAST\CC-MEM2.WPD .. VILLAGE CENTER EAST Circulation Study Prepared by Community Development Department Draft#2 - March 9, 1998 A ' - PKWY EAST kr , -� w , S � 7A�. Table of Contents I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. Problem Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Goal of Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Existing Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Topography/Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Existing Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Regulatory Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . 8 1. Master Thoroughfare Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Driveway Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. TsDOT Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 III. CONCEPTUAL ALTERNATIVES FOR CIRCULATION ROUTES . . 11 A. Western Section of Village Center East . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Eastern Section of Village Center East . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C. Additional Discussion Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 IV. CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . 15 VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 2 of 15 I. INTRODUCTION On November 18, 1997, �F - ---— - - ---— -—----- the Southlake City —� Council asked the staff to look at potential collector-level streets,, and other internal circulation systems that might impact the area called Village Center East, as defined by the Southlake Corridor Study adopted in August of 1995. This area is r j bounded by SH 114 on the north, FM 1709 on Figure 1: Area known as Village Center East the south, and Kimball Avenue on the west. A. Problem Definition There are several developments underway or proposed in this area for which a comprehensive circulation plan is not currently in place. There are also a number of tracts in this area which are very deep and for which more adequate public road frontage might improve their access. B. Goal of Study The intent of the analysis is to try to determine appropriate locations, if any, for collector- level roadways through the area and how they might align with potential roadways south of FM 1709. An evaluation will be performed based on topography, tract locations, land ownership patterns, and potential development scenarios in compliance with the Land Use Plan. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT:i2 (MARCH 9,1998) Page 3 of 15 1,4.- II. ANALYSIS A. Existing Conditions To follow are various existing conditions in and around the Village Center East area which may impact the locations of future vehicular circulation patterns. Topography/Drainage The basis for the topographical portion of IHJ i IH �! IT IA this study is the City of I __ _--- -' 1A 19C Southlake topography i map based on the USGS T _ A topographical C'RA quadrangle sheets, set at 10-foot contours. As -- supplements to the ,E -- - USGS topographical - Q Or in--- rainage A ! U7 Channel"A" I rainage Channel"C' maps, as-built Texas "'eti• T Channel"B" Department of Z" Park A' ZA Transportation(TxDOT) - topographical elevation , ,, '2�� for F.M. 1709 and site- --- I- ------------ - - I - -- X _-- IIA - specific spot elevations from development Figure 2: Topography in Village Center East(10' contours shown) projects were also used. The main topographical issue with the location of any vehicular circulation in the Village Center East area is the minimization of the impact of vertical curves for traffic safety purposes. A secondary issue related to topography is the minimization of the grading cuts and fills necessary to accommodate a future road bed. As noted in Figure 2, the general area centered roughly between Georgetown Park and "Drainage Channel A" near the intersection of Crooked Lane and F.M. 1709 has adequate topography to accommodate a north-south R.O.W. without too compromising of a grade change. It is therefore recommended that any north-south R.O.W. west of the drainage channel be located roughly along that area to minimize sight line hazards for traffic on F.'IVi. 1709 approaching a proposed intersection.The southerly end of Drainage Channel A, as well as the entirety of Drainage Channels B and C,pose moderate,yet not overwhelming, grading and drainage concerns which are preliminarily believed to be adequately traversed with minimal or moderate engineering costs. VILLAGE CENTER EAST-CIRCULATION sTUDY:DRAFT#2 (MARCH 9,1998) Page 4 of 15 qA— Existing Land Use As noted in Figure 3, ---- --- - the property in this area is largely undeveloped , �- characterized by long-time existing P* residences with the Use:RetaiWacant Use:Vacant 1' Zoning:C-] Use:Residences j exceptions o f Zoning:AG Zoning:AG,SF-1A relatively new office I Use:Offices Use:Bank Use:Residences Zoning:0.1 (Georgetown Park) Zoning:C-2 Zoning:AGi and light retail uses P Use:Offices Use:Residences j (Liberty Bank, Zoning:C-2 Zoning:AG,SFAA McDonald's) at varying points. Use:Residences Zoning:AG Zoning in the area is largely Agricultural, g Y � , �with the exception of W ' the retail zoning near and adjacent to Figure 3: Existing Uses and Zoning Kimball Avenue (existing McDonald's and proposed retail center uses on Hanover property adjacent and to the east). The Oak Knolls area to the far east is characterized by long-time residences, several of which are leased, and a small area of professional office buildings. Future Land Use The predominant future land use category in this area is Mixed Use. This area has long been recognized as a future site of some of the more substantial retail development in Southlake, due mainly to its location between two state highways. During the 1997-1998 update of the Land Use Plan, existing retail zoning in the area was recognized as such and given the new designation of Retail Commercial, which prescribes a predominantly planned, retail development. The area of newly designated Retail Commercial which was taken out of the previous Mixed Use area is roughly that area around the "Retail/Vacant" label in Figure 3 above, from F.M. 1709 to S.H. 114. The southern portion of the above-described area is also with the 75 LDN zone of the Airport Overlay District, with a majority of the remainder of the area within the 65 LDN zone. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 5 of 15 y Vegetation It is� from possible { scanned aerial photograph to the right(Figure 4)to get a rough idea of the limits of existing tree cover and how a proposed R.O.W. would affect the area. The only significant change from the time this aerial photograph was taken to the present is the Figure 4:Limits of existing tree cover addition of the Georgetown Park office/retail development,which is situated approximately one-third of the way east between the Kimball Avenue and Crooked Lane intersections on the south side of F.M. 1709. Note that the most dense concentration of trees exists on the north side of Crooked Lane on the opposite side of the entrance to the Cornerstone Business park development, and on the north side of F.M. 1709 adjacent to the drainage channels. Ownership The Tarrant Appraisal District (TAD) records of ownership as of September 1, 1997 (see Figure 5, next page), indicate a varied record of ownership in the area. However, through conversations with varied interests in the area, it is necessary to provide a more recent description of property ownership changes as they may relate development. For example,there has been a recent development submittal received by the city for which an agglomeration of owners (Cavallino Properties, Four Bear Creek, Ltd., Conner Lam, Hanover Properties)has joined to promote a larger-scale development in the Kimball Avenue area. There were also several individuals present at the second property owner meeting (eastern section)who stated that they are currently under contract to sell their property to a person who already owns several other substantial properties in the eastern section. Additionally,many of the current residents of Oak Knolls Lakeview stated that they would be interested in working together as a neighborhood to comprehensively plan the future use of their properties as one unit. Therefore, the prevailing expectation is that a large majority VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 6 of 15 7A l -ST WP EAST f r� Aiwv Figure 5: TAD ownership records of Village Center East will develop, at some undetermined point in the future, as only a handful of mostly larger-scale,master-planned developments, if current patterns are realized. An initial meeting for property owners on the western portion of the area was held on Tuesday, January 27, 1998 to informally discuss this issue. The major result of that meeting was a general consensus among the participants that a future collector-level street would enhance property values and contribute to a more orderly development pattern. Some of the constructive comments from participants at that meeting included the attempt to locate a possible roadway on common lot lines in as many places as possible and the preference for a straighter alignment (and less associated cost). Soon after that meeting, a meeting for property owners in the eastern portion of this area was held on Tuesday, February 17, 1998 to informally discuss possible roadways through the eastern half of the area. Results of this meeting could be said to generally include favorable viewpoints on a comprehensively planned access system; general agreement with the location of a roadway from the new N.W. Hwy overpass to Commerce Street; the need to - pay careful attention to where any east-west common access drive may be located; and the .. possible addition of a north/south road alignment roughly from the existing Crooked Lane VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 7 of 15 7A -8 to Austin Place only if it made sense from a unified ownership front in Oak Knolls Lakeview. A third meeting with all property owners was held on March _, 1998, to solicit any additional feedback and to propose several more alternatives for the western portion of the study area due to the inflexibility of controlled access areas for roadways intersecting S.H. 114 frontage roads, as noted in the "DcDOT Impacts"paragraph below. The results of that meeting, as well as the discussion and recommendation by the Planning and Zoning Commission for this study, are summarized in the "Conceptual Alternatives for Circulation Routes" section beginning on page 11. B. Regulatory Impacts All future roadway and development projects operate under various sets of standards which shape their physical design in many ways. Three of the more critical sets of standards that apply to a new Village Center East collector alignment are those of Master Thoroughfare Plan (MTP) implications, driveway limitations set forth in the City of Southlake Driveway Ordinance No. 634, and the standards TxDOT uses to regulate local thoroughfare interaction in the area of state highways. Master Thoroughfare Plan The MTP sets forth the planned future state of all major roadways in the city, and as such, is a policy instrument used by city officials to plan for adequate circulation of traffic by means of acquiring right-of-way dedications necessary to accomplish a majority of these future expansions. The Village Center East interior area has not been historically included in the roadways plans of past MTPs, due to a long-standing policy of designating only existing thoroughfares as arterials or collectors,with"the locations of(new) facilities (being) a function of the design of the individual developments," as stated in the MTP text. Bearing this in mind, staff was asked to take a proactive approach to planning for the rapidly approaching new development in the Village Center East area, and by gaining as much insight as possible into possible development scenarios, plan new collector routes and facilitate the right-of-way alignments as described in the MTP to accommodate the best patterns possible. Driveway Limitations A major impetus for locating proposed roadways and internal access drives within Village Center East comes from the City of Southlake's detailed requirements in Driveway Ordinance No. 634. These driveway regulations include stacking requirements, possible auxiliary lanes, minimum distances from an intersections, minimum driveway centerline spacings, and other criteria used to limit the proliferation of drive cuts and subsequent roadway hazards along city streets. With well-placed collector access and internal drives, many of the problems addressed by the Driveway Ordinance are eliminated. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#Z (MARCH 9,1998) Page 8 of 15 lq-9 Lots with sufficient frontage to safely meet the design requirements of the Driveway Ordinance may be permitted their own driveways without the necessity of variances being granted. A common access easement maybe required between adjacent lots fronting on a major street facility or collector or local street in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. An existing common access easement on lots fronting on F.M. 1709 connects the Southlake Center at Kimball with Georgetown Park, for example. It is the intent of this Circulation Study to promote the use of common access drives internal to the development to gather and direct traffic to the new collector street location(s). At a minimum, the size of the common access easement must be twenty-six(26) feet wide and forty-two(42') feet deep for commercial and service driveways. When the center of the easement is offset from the common lot line, the easement must extend past the lot line a minimum distance of one (1) foot. As a condition of a Driveway Permit, the Applicant shall provide a deceleration lane for any driveway located on an arterial street (or the state highways, in this case) if the right turn ingress volume exceeds 40 right turn ingress vehicles occur in the design hour(100 vehicles if the design hour occurs on a Sunday). However, no driveway shall be permitted within the transition area of any dedicated right turn or deceleration lane. A continuous deceleration lane may be required as a condition of a driveway permit when two or more deceleration lanes are planned and their proximity necessitates that they be combined for proper traffic flow and safety. The transition taper for a continuous deceleration lane shall not extend into or beyond a public street intersection. The width of the properties in the Village Center East area fronting on F.M. 1709 could create an almost continuous deceleration lane, if drive access was granted for each parcel. The current scenario on F.M. 1709 consists of the following existing commercial driveways between Kimball Avenue and Commerce Street: Southlake Center at Kimball (full-in/right- out and shared full-access drive with Dynamic Travel), Georgetown Park (full-access) and Shur Guard (one full-access and one right-in/right-out) on the south side of F.M. 1709 and Liberty Bank(full-access) on the north. Within the parameters of the Driveway Ordinance, these conditions yield only two possible right-in/right-out drive cuts on the south, and either two right-in/right-out or one full-access drive cut on the north (assuming that Northwest Highway will extend from the planned bridge overpass to intersect F.M. 1709 at Commerce). There are currently no commercial drives on S.H. 114 in the study area other than those of Dr. Tate's office in Oak Knolls Business Park. Several of the tracts of land contained within the Village Center East area are land-locked. In addition, the majority of the parcels are two acres or greater in size, with a single owner on most tracts. Collector-level roads and internal circulation drives in this area would greatly reduce the need for drive access to F.M. 1709 and S.H. 114 frontage roads for individual parcels and encourage traffic patterns to flow through common access drives. RDOT Impacts The main issues concerning proposed Village Center East roadways from the perspective of the Texas Department of Transportation is the manner in which these new roadways would VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 9 of 15 714- t o interface with existing and planned state highway facilities. In reality, the layout and design of these facilities undergoes rigorous study and must meet rather stringent design tolerances; there is little room for flexibility within these standards. The conceptual geometric design for the planned S.H. 114 expansion has been in place for nearly ten years. Based on this plan, TxDOT engineers are finishing the construction design in most parts of Southlake. These plans include the areas of"controlled access"where on- ramps and off-ramps from the freeway main lanes interface with the access roads. Based on recent discussions with TxDOT design engineers, these areas of controlled access are firmly in place and would allow only a few feet of leeway either direction, based mainly on the stringent engineering design standards mentioned above as well as the possibility of adversely affecting access to property resulting.from their adjustment. City staff discussed with TxDOT the merits of allowing for a few hundred feet of westerly "shift"in the location of the eastbound off-ramp past Kimball Avenue to accommodate the Option "C" alignment in Figure 6 attached to this report, mainly because it followed common property lines in the most unconstrained alignment. However, again, due to geometric requirements necessary for safe and adequate "weave" area downstream of this off-ramp, the TxDOT staff has declined to allow this adjustment. Bearing this in mind, the northern connection of the north-south roadway in the western section of Village Center East must fall in a location farther east than the preferred alternative discussed at the first property owner meeting. The TxDOT personnel expressed no concern for any of the other possible interface areas discussed in the property owner meetings. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 10 of 15 9A- II III. CONCEPTUAL ALTERNATIVES FOR CIRCULATION ROUTES The entirety of Village Center East was divided into two parts for study purposes: east and west of the major Drainage Channel "A" as previously discussed. Though divided for study purposes, there are interrelated items from both groups that will be mentioned as such. The first series of conceptual alternatives begins with the options discussed for the western portion (see Exhibit 6 following this report for a graphic depiction of the combined alternatives). A. Western Section of Village Center East Option "A" This alignment was originally proposed by Richard Myers as part of their Georgetown Park development. It was intended to provide a connection to Crooked Lane at the intersection with the proposed Nolan Drive (originally proposed as Graphics Drive) entering into the Cornerstone Business Park. Benefits to this alignment are that we have receptive landowners offering immediate dedication of the ROW and construction of the roadway along their portion of the roadway. Detriments to this alignment include a difficulty in extending the roadway north of F.M. 1709 in a location that would benefit the most property, and the juxtaposition of the existing drive for the Liberty Bank site. Other considerations include difficulty with the southern extension of the roadway through the Williams and White tracts and the possibility that it might create some awkward geometry and lotting in order to complete the connection to Nolan Drive. The Planning and Zoning Commission's recommendation on March 5, 1998, omitted this alignment as a preferred alternative. Option "B" As discussion progressed and continued phases of Georgetown Park were processed, this alternative was proposed by Mr. Myers to try to address some of the issues noted in Option "A" above. Benefits to this alignment include better geometry through the Williams and White tracts north of Crooked Lane. Detriments to this alignment include a lack of receptiveness from Ray Williams,the developer of the proposed Hilltop Country Plaza north of FM 1709 due to the fact that it bisected his property and would require a significant dedication of right-of-way from his property. The Planning and Zoning Commission's recommendation on March 5, 1998,omitted this alignment south of F.M. 1709 as a preferred alternative. Option "C" This option is an alternative offered by staff during our first group meeting of the property owners on the west half of Village Center East. Benefits of this alignment were mainly that it would be aligned along the common lot lines of multiple property owners and appeared to be equitable in its alignment and need for right-of-way dedication. It also has the benefit of the best geometry on the Williams and White tracts just north of Crooked Lane in that it ,. intersects Crooked Lane at a near perpendicular connection and provides for a satisfactory VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 11 of 15 ' 14 - la lotting pattern on both sides of the proposed right-of-way. During the land owner meeting of January 28, 1998, there was general consensus that Option "C" would be the best alignment for all affected parties. An issue has arisen since the landowner meetings regarding the connection point of Option "C"to S.H. 114. Both Options`B"and"C"combined at the north-south midpoint of Village Center East along common property lines and continued north to the future south frontage road along S.H. 114. At the time of generation of this option, information regarding restricted access along S.H. 114 was not available. As a result of a recent meeting with TxDOT representatives, it has become apparent that the point of connection shown for both "B" and"C"is within a restricted access area of the frontage road due to an east-bound off- ramp alignment. Discussions with TxDOT regarding any flexibility in relocating ramps and therefore modifying the location of the restricted access zones concluded that there were too many geometric engineering prohibitions to modifying these alignments. This issue, as well as the additional alternatives noted below, were presented to landowners at the meeting on March 2, 1998, and to the Planning and Zoning Commission on March 5, 1998. The Option "C" alignment was omitted by the Commission as a preferred alternative. Option "H" As a result of the restricted access limitation along S.H. 114, new alternatives "H, I and J" were proposed. Alternative "H" is a minor alignment change shifting the far north end of the`B-C"options east to the point that it is outside of the restricted access area. This option was shifted east rather than west due to the fact that this location would be downstream of ✓ the east-bound off-ramp,thereby allowing better access to the Village Center East properties. Benefits of this option include anticipated support from the other property owners who are not affected by the new alignment and the enhanced access due to the location downstream of the off-ramp. The Vogels, the property owners most impacted by this shift across their property, indicated to staff immediately prior to the public hearing on March 5, 1998, that they were not receptive to any roadway alignments on their property at this time due to ongoing discussions with a prospective purchaser. The remainder of property owners in this area have stated no concern with this option. The Planning and Zoning Commission's recommendation on March 5, 1998, omitted this alignment north of F.M. 1709 as a preferred alternative. Option "I" This is the second of the options resulting from the restricted access limitation. Benefits to this option include a more perpendicular intersection with F.M. 1709 and the fact that a significant portion of the alignment is along common property lines on the northern segment of the alignment. The bisecting of the Harrell property is seen as a negative impact to Mr. Harrell(see letter attached). Mr. Harrell stated in the third property owner meeting, as well as in the public hearing at P&Z on March 5, that he plans no immediate non-residential use of his property, and he also would be concerned about the loss of a significant portion of it to right-of-way in the event Option "I" was implemented in the future. The Planning and VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 12 of 15 74 - 6 Zoning Commission's recommendation on March 5, 1998, omitted this alignment north of F.i'vl. 1709 as a preferred alternative. Option 'J The final option addressing the restricted access limitation accommodates the significant benefit of Option "C" by providing that the majority of the alignment be located along common property lines. Another benefit includes the likelihood that a perpendicular intersection with FM 1709 could be accomplished. A potential detriment to this alignment is the geometry and resulting lotting pattern on the Williams and White tracts just north of Crooked Lane. The geometry may make it more difficult to obtain a perpendicular intersection at Crooked Lane and the lot(s) east of the proposed roadway would need to be evaluated for buildable area. Mrs. Gordon, whose property would share a common right-of way alignment with the Stevenson tract to the west, indicated in the third property owner meeting, as well as in the public hearing at P&Z on March 5, that she plans no immediate non-residential use of his property, and therefore would not be eager to participate in any accelerated right-of-way alignment on her property at this time. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. B. Eastern Section of Village Center East Option "D" This alignment is one of the more easily defined options in the study. The purpose of this alignment is to connect the future Northwest Highway(Business 114) bridge over S.H. 114 from its connection with the south frontage road of S.H. 114 through the Village Center East property and connecting to Commerce Street at F.M. 1709. It is anticipated that there will be a traffic signal at Commerce Street in the near future. This alternative has received favorable review by the affected landowners. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "E" This focus area is designated in order to recognize a need to improve the geometry for the intersection of Crooked Lane at F.M. 1709. During previous draft disseminations to landowners, a proposed roadway extension to the north of FM 1709 was located along the western line of the McCarty tract and provided for a generally perpendicular intersection geometry for Crooked Lane. Feedback received from the McCarty's reflected no desire to have this proposed alignment impact their property in any way so the north line was shifted to the east. The option"E"is remaining in order to recognize the fact that at some point in time, some consideration needs to be given to creating a safer intersection of Crooked Lane with F.M. 1709. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT A2 (MARCH 9,1998) Page 13 of 15 9 H Option "F" This option is the only option that reflects the possibility of an internal circulation drive not intersecting with F.M. 1709 or S.H. 114. This option is shown due to the depth of the properties which front along F.M. 1709. The general consensus is that these properties are so deep that there will likely be uses along FM 1709 as well as uses that access internal to the property. The loop connection between options "G" and "D" is provided conceptually to note that some connectivity would be beneficial here to allow movement to and from the more controlled intersections of Commerce Street and Crooked Lane. Mr. Yates (letter attached) expresses concern with this drive location only if his property were not to develop as part of the planned development for which his property is currently under contract. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "G" This option initially did not connect from F.M. 1709 to the existing Austin Place in the Oak Knoll subdivision. During our first east-side landowner meeting it was discussed that this option might be shown and would most likely be pursued if the entire area, including Oak Knoll,were developed comprehensively rather than having each individual lot in Oak Knoll transition in uses over a long period of time. It is unlikely that this connection would be made should the Oak Knoll area retain its residential character. Benefits of this option include enhanced north-south access and an additional location to access S.H. 114 east- bound. The connection of Austin Place is upstream of the east-bound on-ramp for S.H. 114. rr This connection point could significantly reduce the congestion at the FM 1709 / S.H. 114 intersection, particularly for east-bound traffic. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. C. Additional Discussion Points East-6T est Creek Crossing There has been some discussion regarding the benefits of having an east-west connection between the eastern and western portions of Village Center East. We have been hesitant to draw a line and advocate this connection due to the breadth and depth of the valley/ creek dividing the Village Center East area. Depending on the type of development to occur in this area, it may be possible to accommodate a lesser impact roadway or internal drive which could provide for greater internal access. At this time it seemed prohibitive to advocate such a significant cost of crossing the creek via bridge structure or significant drainage structure. At the March 5, 1998,public hearing,Planning and Zoning Commissioner LeVrier discussed the feasibility of such an east-west connection. Staff indicated that the possibility of further study exists to accommodate some lower-intensity connection through this sensitive area, but it would perhaps be better evaluated at the time of user-specific development requests for that area. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#? (NIARCH 9,1998) Page 1.1 of 15 ►7A -15 _ - �-- �co E m N I 2EI t pma t Z i0 I 3 Wo1Pe,g I CL L ' � I I -- - � '7 aZ I a` r� I Eil E_ �lJ I r — — I c LL ej t io� I • � i I I i N a I 9 L Pooh I Pm / = I cc 0 l V I 9 .i E ^ I t .2 „•, of I t m I i Q c I € -cotm I Q I ��/• / I W '� m l CJ t 1 = m L————� c3l o • I I gci _ v' \ I I c I O SWeN ' I L————i I o I L — ¢_ I , sdwng G G 0 4 \ RurJ'W I t m O I a)LL o p \ o ' y H \ l y p I I m I \ ♦ \ ♦ u0p'°o O � II � m I \\ ♦ \ • Gt:� ILL WSUa�O E _ 10 rL i ♦,♦ _ _ ♦ NOW tC c � , _ ♦ ♦ 'j •` N \ •, � � / , • r • loo 1 � L 0,0 • • c LLI LLJ + I''''' ——— ——— C C 1 1 o c I O I I a� I a) 1I nX a�'�o D C O m r I m E' Ro-� t = o I III Ut i>ZO Q O cv0 c 0 IIl ���jjj►►► I y o V --— — I t ` --- IV. CONCLtiSIONS AND RECOMMENDATIONS The Planning and Zoning Commission, as indicated in the preceding section, recommended approval (5-1, Creighton opposed) of conceptual Option "J" on the western portion of Village Center East and approval for the conceptual alignments as shown for the eastern section. The majority of the Commission indicated that the ability to share common right-of- way in the Option J" configuration to the satisfaction of all property owners except Mrs. Gordon to be a deciding factor. In summary,we believe at this time that there is fairly unified support from all landowners for the alignments "D, F and G" and a desire to accomplish the goals noted in Option "E" on the eastern portion, and varying interest from property owners for the alignments on the western portion driven by the wide variety of expected timing issues as far as a transition of use from residential to non-residential is concerned. Obviously some of the alignments are also subject to a variety of anticipated patterns for development. (Please see Figure 7 for the conceptual roadway alignments recommended by the Planning and Zoning Commission on March 5, 1998.) Overall, this circulation study has been received well by the landowners who have recognized the potential benefits from working together comprehensively to develop these areas for the mutual benefit of the landowners, adjacent affected landowners, and ultimately for the benefit and long term value enhancement,both financially and socially,to the citizens of Southlake. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#? (MARCH 9,1998) Page 15 of 15 W - 17 D co C) E f ~ I m M o f I Am H (D U I c I m I I f0 I j Wo1DeJ8 I IL I - - - f -7 O c < .= c I + a / LL o E 0 uosu� o of I : r_ / a I • , El m i POOM DooM 1 (at Q • I °o CD i � • ti � I I I i svew • ` — ——I I $ 00 I 01 � U � SOWfig C � C $ wow E M f co 5 Elul a I ` I �— -- I y I I uowo C^_-0 X O I S ■� S Q O �' uosuanalg G OrL > CL Cd uj .d vaarJ�eag�roj � i • G �, C • O O 0 0 ' o u• W " • `° °' �CD -6 c • o W � � m • fir.- J ra ■ • ou C ' A • U a ' 0 • _ Prudential w Mfftn,RMTORP Z03 East Northwest Highway,Gracevwne TX 75MI Bus 817481 Z573 Fax 01 7 481-1 113 Mr. Greg Last City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 VIA FAX 488-9370 March 3, 1998 RE: Village Center East Circulation Study Dear Greg. I appreciate your informative and well organized meeting of Monday,March 2nd, informing land owners and interested parties regarding potential roadways in Village Center East. I have been authorized to speak on behalf of the Harrell and Stevenson tracts, which are in the geographic center of Village Center East. Mr. Harrell does not look favorably on alternative'T'which cuts diagonally through his property_ However, both Mr. Harrell and Mr. Sathre (Stevenson tract)would consider cooperating in right-of-way dedication for plan"T'. The obvious benefits of plan "T"are that it is the most direct and cost effective route. It follows existing property lines and creates a definitive right angle road crossing as it intersects Southlake Boulevard. I will appreciate your conveyance of these issues to all relevant parties. Please feel free to contact me if I may be of any assistance Sincere L�ers Prudential Lou Hillman, REALTORS DL/cb CC: ( ) June Stevenson ( )Nfichael Sathre () Gienn Harrell RFCU im, R 0 51998 *4n.'41W dwttlr owtMd r+d oC i4Q T�TOM pf Tly Atdranl Hail bu0e�ttnats.rc 74 - 19 Mar-05-98 09:28A BYK INC y/L z4L 55bs A,- . UG 1410 DUNN OR. CARROLLTON, TEXAS 75006 2141245-5533 .ua.,.ch 5, 199i Citti,d Z. Ca.tpenten,AICP Comph-e eft,&ive P.Cannex City o6 Sowthtake 667 No.tth CalvtvR Avenue South,&.ie, Tex.ae 16092 SubJ e. t.: v.i Zeage Center Ea.6t Gi tc u,2.a.c n Study Dn,ait 01 Feb 27, 1998 Dears S.i.,t: Aa .the owne-,% o A .the Yates ptopetay ahowyi on -the •ta a- ehed exhibit, I wout.d Uke to go on A.ecand aA to my op.ir,"n -tegautjng .the. potendat Imtexnat Common vA,ive 'IV' .,Le6eAAed to vn the Captioned study. My ptopenty i4 ewvtentty undeh conttac-t to MiL. Teuy W .,rkimon who cammi tied to me. an Marcc.h 2, 1998 that he. ha6 6utf. .intenti.orta to cCoae on the patchne. of my pvtopet:ty. Should .the ctca.i.ng oc-c-un, I ebvi.c" y have no pkobtem uu,th Intetnax. Dliva "err In .the event that M. GJ.ctkinb o n do e6 not acquae nay p.l.ope Lt y, I hav e. 3ignij.Zeant conc.e,tns about the ktee.d 'ot lnte.tna,� Vxuve 'IF" and .the. ne :tve .i.mpac.t it cou.Z'd putenticU V have on the va.iue 06 my ptopetty. I wiZ.t. not be abte to attend .the MaLch 5th meeting o6 t;te. PCcumixg and Za n i rtg Ct.mnue6-c.or. a,6 T wi _ft be cut o a town On occ5•Ote56. S.i.rceeace.�y, C ec d M. yate,6 City of Southlake. Texas I STAFF REPORT j April ;. 1998 i CASE NO: ZA 97-157 PROJECT: Second Reading/Ordinance No. 480-270 Rezoning and Concept Plan - Hilltop Country j Plaza I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property being legally described as Tract IA, W. E. Mayfield Subdivision,being a portion of Tract 1, W. E. Mayfield Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and being approximately 3.021 acres. A Concept Plan for Hilltop Country Plaza will be considered with this request. LOCATION: On the north side of East Southlake Boulevard (F.M. 1709) approximately 750' east of Bluebonnet Drive. OWNER/APPLICANT: Benchmark Properties CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District j LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Twelve (12) RESPONSES: Four(4) responses were received within the 200' notification area: • G. ILL Nettleton, 2611 E. Southlake Boulevard, Southlake, Texas, in favor. • Emily Shanklin, 2627 E. Southlake Boulevard, Southlake, Texas, in favor. • Wetzel Family Partnership Ltd., 102 Westlake Drive, Suite 106, Austin, Texas, in favor. "A wonderful project - needed commercial space." • Donald Vogel, 2206 Shadow Creek Court, Southlake, Texas, in favor. i City of Southlake, Texas I I P&Z ACTION: This item appeared on the December 4, 1997, Planning and Zoning Commission meeting agenda but was not heard due to Case Limitation Resolution No. 97-22. It was continued to the December 18. 1997. Planning and Zoning Commission meeting. December 18, 1997; Approved(6-0) subject to Concept Plan Review Summary No. 1, dated December 12, 1997, allowing a 5' bufferyard along the west property line (Item #4) but still requiring Type `B' plantings elsewhere on the site, with the following additional recommendations: • move the center driveway to the far east property line; create more stacking depth, and • provide a tree survey at the time of Site Plan submittal. COUNCIL ACTION: January 6, 1998; Approved (7-0) First Reading subject to Concept Plan Review Summary No. 1, dated December 12, 1997, modifying Item#4 to allow a 5'bufferyard on the west with Type `A' plantings. January 20, 1998;Approved(7-0) applicant's request to table and to continue the Public Hearing to the March 17, 1998, City Council meeting. March 17, 1998; Approved (7-0) on consent applicant's request to table and to continue the Public Hearing to the April 7, 1998, City Council meeting. STAFF COMMENTS: The applicant has met all requirements of Concept Plan Review Summary No. 1,dated December 12, 1997,and Concept Plan Review Summary No. 2,dated January 16, 1998,with the exception of those items listed in the attached Concept Plan Review Summary No. 3. dated April 3, 1998. L:\COivIDEV\WP-FILES\MEMO\97CASES\97-157ZC.WPD i I i I I I I I I 713 "a Dow - -1- ��� 17 mn swtcr A-10414 ��- = x• hoc -e. -µt- ?BR i caa � w s1 PAI I m I o 00 101 A-IM _ i -- S 7C 39<3E — C _ PEvi�E ,�i Mp,N FAR u� _ 1 - - E x3A GIw RA l 32 3;, 36 BE 1 . ,Bt�� 2R3A1 Za- 'OJT < ' 6aiA' I -ter :A :L' :tA 2AiR 86t VVV _ :Are 381 -� 3 Ac 9A,C I ' ,r, WALL r ut ! 1 �IZ- - -- --- _..._.. AGE i �7 .--. A-474 1 1 G HEM - k ----��----r- �� -.- • _._ � tND aaa I ttDt fI{f 6N ce• � i � I � � —'_ � i IDa IIDSAt t GRAPEVINE 07Y um"7, 11 I v ✓ ENE , 1.1 13 UStNE� x CIP ---- ;ti 3 ES' I ?ARK Py! PARK -- 6:I-_i TRACT MAP i if i ! X Hit DOHILD IAGE ..SWK-, A_,OtJ �NERD t 1BM'J :ina tj: :: R -ir 7 IF. 'eE a. tB6;� _ t96. / ,M�. It i Q n m m i U® 8 U ' U F O� N M p U ® �N F— m_ _ cv c� to tn Ln CR .T Z 0 0 c < J z Z m W " ® W Q o w a � Lu a: Q Q f— X . Q cn w = O w C/) o o Q z W d Nam® c~n Y Z ��N U S �� C� = LLJ Z Y z +W ti Q cn Q N �N — �Q Q< x o Z M`� �, cc;) cn W Q �°' O - wm w Q Q LU cc l � H Q U LU Q * z c < 3 O - o w W 3 w Q O C _ w �® ® = 4 _ � Q Q M Q 0... c N O a w w Q ' Q ® / , O J Q � -17 m m U w w s � _ a O a 0 z a: LU O CL CL U CD O ►+ p z ce) ? eo J � r - ? ? O U N a Sri V)c) m oG m cX a mm a Q m *ra p p lD �f f" p + i C City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 97-157 Review No: Three Date of Review: 4/03/98 i i Project Name: Concept Plan for"C-2" Zoning-Hilltop Country Plaza, being a portion of Tract 1 W.E. Mayfield Addition. being 3.021 acres out of the S. Freeman Surveys. Abstract No 525 I APPLICANT: ARCHITECT: Benchmark Properties La=Lacy Architects PO Box 92725. # 170 2605 Brookside Dr. Southlake, Texas 76092 Rowlett. Texas 75088 Phone: (817) 481-5732 'Phone: (972)475-4741 Fax: (817)488 -5732 Attn: Ray Williamson Fax: 972) 475-4741 Attn: Larry Lacy CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/23/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF 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 items are based on review of Concept Plan "A" (without Collector Street): 1. Correctly show the Georgetown Park development which includes what is shown as the Georgetown Monticello Partners,City of Southlake and the Nettleton properties and are all zoned"C-2". Add the zoning designation for the Liberty Bank property("C-2"). Label the lot,block,and subdivision name of the plat for Liberty Bank property and Georgetown Park. Show all easements. I 2. The following changes are needed with regard to driveways: a. The spacing between the west "Right-in/Right-out" driveway and the existing 12' asphalt driveway on the Eaton property to the west does not meet the minimum 250' spacing required for"Limited Access" driveways. The provided spacing is approximately 200'. b. The spacing between the east"Full Access"driveway and the existing driveway on the Harrell property to the west does not meet the minimum 500' spacing required for "Full Access" driveways. The provided spacing is approximately 195'. f C. The proposed driveways do not meet the minimum 75' stacking depth requirement. The applicant has provided approximately 38' of stacking depth. d. Extend the common access easement over the proposed driveways accessing F.M. 1709. 3. A 10' type `B' Bufferyard is required along the east and west property lines. The applicant has proposed.a 5'Type W. 4 Although required parking is not usually evaluated during the concept plan review, based on the proposed floor area and uses shown, the required parking is 168 spaces. The Applicant shows 163 spaces required and 163 spaces provided. Please refer to Ordinance 480, Section 35 for calculation procedures and required ratios by use. City of Southlake,Texas The following items are based on review of Concept Plan "B" (with Collector Street): l. Correctly show the Georgetown Park development which includes what is shown as the Georgetown Monticello Partners, City of Southlake and the Nettleton properties and are all zoned`'C-2". Add the zoning designation for the Liberty Bank property("C-2"). Label the lot, block, and subdivision name of the plat for Liberty Bank property and Georgetown Park. Show all easements. 2. The following changes are needed with regard to driveways: a. The spacing between the west "Right-in/Right-out" driveway and the existing 12' asphalt driveway on the Eaton property to the west does not meet the minimum 250' spacing required for"Limited Access"driveways. The provided spacing is approximately 200'. b. The proposed"Right-in/Right-out"driveway accessing F.M. 1709 does not meet the minimum 500' spacing required from the intersection of the proposed Collector Street to the west. The provided spacing is approximately 355'. j C. The proposed driveways do not meet the minimum 75' stacking depth requirement. The applicant has provided approximately 38' of stacking depth. d. Extend the common access easement over the proposed driveway accessing F.M. 1709. �. A 10 type B Bufferyard is required along the west property line. The applicant has proposed a 5' � Type `A'. 4 Although required parking is not usually evaluated during the concept plan review, based on the proposed floor area and uses shown, the required parking is 163 spaces. The Applicant shows 159 spaces required and 159 spaces provided. Please refer to Ordinance 480, Section 35 for calculation procedures and required ratios by use. 5. Show and label a 30' building setback line adjacent to the proposed collector street. Buildings must not encroach the required setback lines. The proposed office building encroaches the 30'building line by approximately 15'. * Although not required by ordinance,staff would appreciate placing the City case number"ZA97-157' in the lower right corner for ease of reference. * All driveways must comply with the dimensional and geometric requirements The Driveway Ordinance No. 634. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. i * The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed and filed in the County Plat Records, and a 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. 73' (1 City of Southlake,Texas * It appears that this property lies within the 75'LDN D/FW Regional Airport Overlay Zone 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. i i • Vertical and horizontal building articulation (required on the north, east, south, and west building facades)per§43.9C 1 c, Ordinance 480; as amended. I • 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 §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, 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 j 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. i * Denotes Informational Comment I cc: Benchmark Properties Larry Lacy Architects L:\COMDEV\WP-FILES\REV\97\97157CP3.WPD I if j i I i I '16-7 �r t 9661 F z aew � c ` ` `•i f ^— r/ n \mil :1' Y Tr kv g � �22 IA J' All; Sod as �I iI jall ll Ill 7B—s ilk Nh A t a • , / 0 1�'• e�� ��A NCO`[t��1��� r7b - 9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-270 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING APPROXIMATELY 3.021 ACRES, LEGALLY DESCRIBED AS TRACT 1A, W. E. MAYFIELD SUBDIVISION, BEING A PORTION OF TRACT 1, W. E. MAYFIELD SUBDIVISION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using L:\CITYDOCS\ORD'.CASES\480-270.WPD Page 1 (awl 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 aver-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 3.021 acres, legally described as Tract 1A, W.E. Mayfield L:`.CITYDOCS\ORD`CaSES\480-270.WPD �' 1 Paze 2 Subdivision, being a portion of Tract 1. W. E. Mayfield Subdivision, more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "C-2" Local Retail Commercial District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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 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; L:\CITYDOCS\ORD\CASES\480-270.WPD 173 - i; Page 3 and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Chartef 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. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR 7 � - 13 L:\CITYDOCS\ORD\CASES\480-270.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY �8 - 14 L:\CITYDOCS\ORD\CASES\480-270.WPD Page 5 EXHIBIT "A" Description for a portion of Tract One, W. E. MAYFIELD SUBDIVISION of a part of the THOMAS EASTER and S. FREEMAN SURVEYS, City of Southlake, "Tarrant County, Tarrant Texas, according to the Plat Recorded in Volume 388-C, Page 4, Plat Records, County, Texas, and being that portion of Tract One described in a deed to Roy E. LEE AND CAROLE A. LEE recorded in Volume 6127, Page 545, Deed Records, Tarrant County, Texas, Save and Except that portion described in a deed to THE STATE OF TExAs, recorded in Volume 9938, Page 1767, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows: BEGINNING at an iron pipe found in the northerly line of Southlake Boulevard for the southeast comer of said Tract One, and for the southeast corner of said Lee tract; THENCE North 72 degrees 28 minutes 22 seconds West a distance of 85.33 feet along the northerly he of Southlake Boulevard and along the southerly line of said Tract One and the southerly line of said Lee tract to a Texas Highway Department concrete monument found for the most easterly comer of said State of Texas tract; THENCE North 70 degrees 47 minutes 07 seconds West a distance of 333.65 feet along the northerly line of Southlake Boulevard to a 1/2"iron pin set with cap marked, "AREA SURVEYING" in the west line of said Lee tract for the northwest comer of said State of Texas tact; THENCE North 01 degree 32 minutes 38 seconds East a distance of 290.52 feet to an iron pipe found for the northwest corner of said Lee tract; THENCE South 88 degrees 20 minutes 22 seconds East a distance of 352.92 feet to a 112" iron pin set with cap marked, "AREA SURVEYING" in the east line of said Tract One for the northeast corner of said Lee tract, from which a 1/2" iron pin found bears 7.4 feet,North 01 degree 49 minutes East; THENCE South 01 degree 00 minutes 22 seconds East a distance of 4.85 feet to a 1/2" iron pin set with cap marked, "AREA SURVEYING" for an angle point of said Tract One and of said Lee tract: THENCE South 04 degrees 58 munnes 22 seconds East a distance of 412.40 feet along the cast line of said Tract One to the POINT OF BEGR4'. G,said described tract containing 3.021 acres of land. EXHIBIT 'B" ,fir s illy 3� il ?• 4 e ;; 3 3 . a p eu 0 x t e„ � / �=•+ } rot• J_ NP �• , �F 0 ' RECU MAR 2 3 EXHIBIT B . u4 IL t Ilk NK er g P rP s�)l5�gi 0V jJ � 4j ix, jti S 1 ISA ^ _- .. - ' „E a�•� ^' � Lea•�R ��� City of Southlake, Texas i STAFF REPORT April 3, 1998 CASE NO: ZA 98-014 PROJECT: Second Reading/Ordinance No. 480-272 Rezoning and Site Plan -Health Partners Medical Group Primary Care Center STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Tract 2A1 situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 3.737 acres. A Site Plan for Health Partners Medical Group Primary Care Center will be considered with this request. LOCATION: East side of Davis Boulevard (F.M. 1938) approximately 500' south of West Southlake Boulevard(F.M. 1709). OWNER: The Cirrus Company APPLICANT: Page Southerland Page CURRENT ZONING: "AG" Agricultural District i REQUESTED ZONING: "0-1" Office District j AMENDED REQUEST: "S-P-1" Detailed Site Plan District with "0-1" Office District uses LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: Two (2) responses were received within the 200' notification area: • Robert S. Rissing (Albertson, Inc.), 7580 Oak Grove Road Fort Worth, Texas,in favor of. "It is consistent with our project on the adjacent property." (Received 3/2/98) • John Drews (Venus Partners 111), 5440 Harvest Hill Road, Suite 150, Dallas, Texas,undecided. "As adjacent landowners to the north,we are unclear about(1) how extreme slope at the west side of the site will be handled and (2) how the site will drain storm water." (Received 3/3/98) i City of Southlake, Texas P&Z ACTION: March 5, 1998;Approved(6-0)subject to Site Plan Review Summary No. 1,dated February 27, 1998,amending the zoning request to"S-P- 1"with"0-1" uses,accepting the horizontal articulation as submitted. and restricting the number of parking spaces to 189 as proposed. j j COUNCIL ACTION: March 17, 1998; Approved (7-0) First Reading subject to Site Plan Review Summary No. 2, dated March 13, 1998. STAFF COMMENTS: The applicant has met all requirements of Site Plan Review Summary No. 1, dated February 27, 1998, and Site Plan Review Summary No. 2, dated March 13, 1998, with the exception of those items in the attached Site Plan Review Summary No. 3, dated April 3, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-014ZS.WPD i I i I I I I �I I' I I I I I� I I i �C -2 i ,Mar-11 -98 10: 38A The Cirrus Group P .02 T H E C' 1 K It LI S C; R O U P M:rrcit It. LINS L-d►tard S MCRov Plwutcr City nC Suulltlahc 667 N. Carroll Southinkc.TX 7r,1P92 It C'a.w No LA`9-tl 11_ l lcalIb Partucr.Medic tl Group MUM)-Care Ccnl;;r Dear Mr. MclIvy. t rcyucM wit munend our original coning clwuigc requesl from-0-t"zoning to"S-P-1 Riarict with 0-1 Use'. PICCISC cnnr,tct meal 214 951-1722 if you should havc questions or cumnicrlls. $in�tirc:h_ rxe c s cRo .I.r t so mcinbs;r-M:uwgL:r (c. till] I Itticliiscm.The Cirrus Group.LLC Fmc%tu Licbreclit,Page Soutbcrland Page REC'D MAR 111998 1700 PArmc AvvNUC, SwtE 2730 - DAUAs,TFXAs 75201 • 21d.453.1722 - FGA: 2 1 A 953.0278 7C-3 3 90 _ ,�- -�� . ice.: ,��-� -��..� _ - i �,.. � � \ � -_� �/.� ✓�/ E��+v"PAS ASS F- CARRaLL � _ - , �� AiLES ft _ gip„-y, CARRCLL - Pz" E LEIIE(TARY SCHOCL .V TRACT MAP iER 7 � N SO .863 w � a 1p 1 V 7 ' 2.442 LEN , ,,, G L DDI 4 1.056 ® ' � 18 11 5 9.204 4.03 2R / I 3R2 ' S.552 ® �.692 mtj AK ISOUTHLAKE JV Sy t N "C_2�� i 722 �g609 PA K�k SRry„ � >m a R , r n " o 1 R C-3 317 jRykl + 6. �' �'�lpo I 2.560 ® ALBERTSON'S ;3 , VENUS PARTNERS '� O 1 I 'A "AG" 1 130 � tir t ' TR ' 1 1 SOUTHLAKE WOODS 2A1 COLLINS TR 2A5 12.189 AC 1 ® l a m O "SF-20A" m cn 1 D� TR 2A6 A Y ,.4 AC a J.GSR O U m 1.2-< 2A 36 AC m "AG" I $ R 2A4 1.4 AC TR 1 1.797 AC Y i ADJACENT OWNERS 3 I AND ZONING 1 ' TR 10 r . 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O H N y a1 0 O m w w vt� m 9 2.10. o i m� ��?•m -y• y v=m r c, �" C in V LlJ v V- aa.cc• no o..md r Op m h m C C u o� uav saVfEN a wfn fit' °o L o n o co g Q� H O - m u n O OLav1 t, v_i 0 0 m u v pGo q4 ,q ao ae O Vi C y U 4: O O V < z•aS .$Z 2_Wr o, :vn�m Z- Z7 Zo•� cv v � i .- g � E V t c m ; E Z v a o m m o d i c 'A WE La,•, r�N - Q. m 3 E is c7 �'-w�, c� 2e� O m a cE lm �w U cn T O V Sin 4 "n aN m v m c WW o V7 fi c to a) V) Vl o -87 m W C m D a N �w�� `� < W��_ w c?.it W�J < i < < O, G m !0 vi � C A! „c oac 'E CNN ° A� 3 w U E `- 'V N �L tiM •. m �'^ H tqo ina >m bm U J, „Y m._ to �._ r� ♦ s ` o °� a 3 ��' Sm w� �a nm M. am '� 2x V H ,0 U w Q N Im UK �Q $a r< ?rI cnI <¢ ma a 1 C �� z � � •�1 1 1 1 .•' M � 1.r. • .���. 1444 It;i ��1�;�•s �I ram` It P4 VA V . I lidwpt • ��1\,f III �♦.♦. • • MAR-?a-1998 08 a8 71 80 P.L PageSoutherland Page (40.1 Communication Memorandum Post-it'Fax Note 7671 Vaal p o P. To Edward McRoy To From Frown Ernesto Uebrecht Co_/Dept co. Phone• Phone s Re Synthetic Plaster Fax r R DMo March 24, 1998 - --- - Proieet ZA98.014 CoPic+ Bill Hutchison 1 am attaching a copy of a letter I just received from Wall McAver. a synthetic plaster manufacturer's distributor. The letter gives additional assurances regarding the viability of synthetic plaster as a sound and lasting building material and to the fact that it is Is indeed a code aproved material. It also addresses extent of its use, regionally and worldwide, while also providing an historical perspective. I have highlighted key paragraphs on the second page. Another manufacturer's representative has assured me that portions of 5outhlake Town Square are being built with the same system as we are proposing. Anhiteet� @ngiaeers Consultants 3500 Maple Avenue Deltas Texas 75219 tel 214 522 3900 fax 214 52--1 43W Austin Dallas Houston Washington do RD MAR 2 41998 l C--- 1 MAR—?4-194s3 08:-i9 21452?4,PLl P.L-1 awtpe*�9CK r VIC4y, u�:. March 23. ilk no Scutbadmiod Page Attu: >illr. ECDesto L&brecbt. AA S.' D Ipie Aveeu e Danas,7t2m MIS Re: Health Partbem Medical Camp Prom: Cara Oeateer Sauthlaloe/I[eDet.'mesas Deft W Lkbncbt-- Duriag our meat dim"On.we tallad t the role beer W Insulated Finish Systems mm hay p4iged in rocent im. WS has emblisbed ttseltas one of the ezteriar buading in *e world, Design da gaw. tout ram al'cciots,varkw of . rehdve low price, and resistance to the ek=eate use tenons for broad acceptance on all typo of 14 to I WVCW and midenttal coos Dolor Insulated Finish s are and evaluated by the uayor national building cede,bodies, in dhV the Uniform Building Code. Both PH and PK ZWS system - and . are few The Unilbrm Budding Code MC) is red rA the development of better building nmmMft and pier satiety the Vublk by sty in building lags. The Code is founded broad-based periormanee principles that nmko possible tlse use of matevials and eoustrnetion syitli�L1. The Uniform Building Code was &st ted by the International Conterenoe of S Oeicials (I.C.H.O.) the a annual meeting bald in Pbowalk, Asisoaa. October 18-21, 1 Revised editions. aim# with - W_-m�e=. ivaorporAft chaa fs since the lost edition. All tlrpea and classes of bun are: voted is the Undo= Btitidiag code. Each city titnises Ccde new make certain des to reset their local coal noels. 14SIS G1111t Rise • sviet to# • 0.11•,. Tomas 7ftf*i • (972) •wo•4515 . (0721 log-tit + 0 A L l A f M O Y i T 0 NI -7^ —(O MAR-24-1998 08:49 711i���-i PW 8Ositl UI ad Pa AUYCk�3.l, IN* - musae of e used as a ce'for building putts and istio�as. a 7$e taterAa� p at B Us WbW B. improve its relatad Codes and Dubltsbes this fie. a�tra I erode et Th tton nis eat the um to at and . assist in the i.C.9.0 8��auws °tServift `aUrS, ta« ;moo, have earned as Rq am�coerfor Ooattro (000r. i caterer is Eaeh ntzmbess :the varipus goo Systems. p� the ay - . -dependent MW d substrate subadhOd to the I.C.a.o. evaluaU t • are Upon a ti cable review. an :eve► +tad u�d- ?he Sto �' numbers that cower �r !s assi�ed and and ER 3617. prOkeft are ER 3W6 ZU" the 1CWS industry ooembers as �tada�s and im tba, provides quality ZM AW y1,0, been an actly a Men*c, of U �ov`� �to confom� stt+eragth, durabtti y and a 1f'dculw e'ega�eat of the code MQuimments or to Icy OrIf—:W. widesstumdiug to that several gas Ins sss located in and 9ovthlake •�� at 9otrthlwb One major with the cUy is the . which Is under tructlon. The Toucan Co Bank (Chase)is nemby. Hem n,t y lour 100,000 3F of EIF'S) ode � Graprriae Mils and Loire Star (Raduo Park. i�[RIM. aad bot�ls feet g 114. 635, 183 aad M a"aut6lstd �'S. idlliioos of a� up fasiaIIed in the DFW . �dudin�the t.s.l�. BuWWg/Westlal�e - $m 1.4jeM, $to tbrporatlon, to Atlanta, 14 a subsidlair of OWJAG, �►e�u, C OUKUy, We WWBW* buVMt n assta�a:tusrs of rxters� 'ulation and 8nf*b s7+eteU= (ErMl. sto-s dotes as tar back as MAP-)4-1998 08:150 P.04 PO@t eoutherland Pop AWL- stir. ftboto Uebrwzt,AILS► ! Wft 25, INS POO$ 1 1835..hen it bgWo me a amen Ume and tL Soo AO then went on to pioneer and iatrodvoe the first syn ' ased retie g ays�m to Dennasw and Anntsia; Sto EDrS d io the United States in 1070. Suave then. in have seacbed nap s:sted keels. Researti`h and COnttatip. New P R gmts Md spy 31M been UMVduced i did meW soh me sw Ent systems coaddues to geese. 040 Pnbeelt/Yiela y be. dhmrlbate SW ELF$ products sritbfn the'races . We nubtain (ally shed offim in both Houston and Ow campany at,a ou vi tradi of dbtributing quality i<dit ptbdum. Yens of distrlbutn EM products maims us a trader In the hWustcy. a s us with z diverse back round to serve our appkator aetwosk. the architectural eo�auAity, and our ultimo t summer, the building owner. GVl has been crAa aiC " within the EM is iduaw. We wv* clvn* whin arehiteeb and ft"e eafte specialists to wwuse that tbc am P and syste::u:tdeet the actual oeaditiebs. We QMk you for your rvntinued sweptai we and approval of Sto ptodvets and systems. We look krwwzd to with you on this Pr*ct. i t Walt WAvet. C.S.I. C wMe" oc: Mr.W. L. Hutoldsosl.,Jr.. Pcuklent 7be anus Group 1700 PaClbc hm..Safbe 2730 Dec".Tun 75201 I i TOTAL P.04 �^ '1Z {{y, `� N� 1� . � ��.-, ., ��_ l'. , -:�• �r , :.• �{ .JY� ;�, t {`�•~.� � ) �.i I � ,;¢ I � :_, /. _ I y I ''� `kt _Jr . ?� _�T '� � , ✓. r r y� �•�•'� `� .�• � c �. -- � ' L:. ��.��' � i _-'~_1��''_ �� � '� l{may t .��, � ���J-ir'S:* -- .Y _ '^'..tom - _ .sus ��°'� _� ; � .ram � ,`�-' j A �;; �:• a F'� '' 1. � j13 4�' .�� '� ~• �� � .� • .:�I -' - ;c�' ,i' ��' �I rJ, f '�,.,Fr rr i f V u- /' � '� `�' �� �` J � - ) .� -�e '�3 >\ ,)o x n•..I� nLt1 �L71 1t'L•rL' I ,����� r�� �•� �:��.i„ � � ,, .���•� , I '. IS .09 U. 4 83)5 I's 'I, L, 15 Z4 g5.56 99 AkVM RI7 7.0 1 Il Wtv Z/ 90. .0 )tDHsna N ra .60 919 or 4oz Ie,C6 "g q.; I , C;611 Z9 CL 99 122w'38D ao o ui .1, z M,Z L,9Z.00P1 J9 BSI 0 1.06 M., 56 4 6 115.64' 6 ji. b, 28.29 11, go, 61A, L9 091s ad M.,Zl OON 404-08'56"W 243.93' IR OCIL qo t.go '02 'o Lu zt,9z.GoN 0 000qt f 0 M w m.zl.gz.00m 1 S05*21.14 '%-,- '1 'rt fa v, 134JV ai 0) 0 ;ni IZ so 991 a 130A Or+ZP OL L1_L cn mi- 0. c3 m.c;v,*q.DoN z o w M.Z L,QZ.00N t 00 SIT L M j 0 .00S I Z tZ'ILL 0 4 m.zl.9t. N 0, .1q LLJ gi-991 ZIP cr m.ZL.RZ.O()N .0 36S e 0'0 69 .60,V6 i(D ci •C) 4p 99 6Lt NIN st 9()k (n 76gi 0 .01 66 M.zt.RZ.00N 601,6 _c4 9 25 2 -1 AD .5-59r _ CL ao C14 9`1 -JOH 00 z go 6 z LL ILL qz Lct 00 qq .6q,M 82. 7'66'ZOC M.6t,ZZ.00N ON Lu cr Z7, H > S9 9z ILI LLI CL z I CL Ul S6qLL .0666 .6-q Ut L z VL-tt79 M..Z1.9Z.00N (n 0 o It cL Q. 0 z 0 u w In a) co )e 5 2 w DlHO , Lj cc 0 LL)A t� o (o 0()j c),j -10A < J(.)�f . z C� M X W I, JAOHOSOD -13 VH D IVI ij a- C14 Lu (n(n M _T CL c1j In Go z w z In LU 0 0- j 0.1 uj 00 0 u, CL It S I A V T3: �6 rz ro fl- noe :_ C)HVA3 -1 cm 8261 'ON G v 0 8 z ` City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 98-014 Review No: Three Date of Review: 0 /0 /9 Project Name: Site Plan for"S P 1" Zoning with "04" uses - Health Partners Medical Group Primary Care Center.(Davis Blvd) OWNER: ARCHITECT: The Cirrus Company page Southerland Page 1700 Pacific Avenue Ste, 2730 3500 Maple Suite 700 Dallas.Texas Dallas.TX 754380 Phone • ( lid)95 -1,= Phone • (24) 522 3900 Fax • ,2141 953-0278 Attn: Bill Hutchinson— Fax: (214) 522-4380 Attn: Ernesto LieBrecht CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/30/98 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. EDWARD MCROY AT (817) 481-5581, EXT. 880. 1. The following changes are needed with regard to bufferyards and interior landscape: a. Provide the required buMryards, and plantings along the applicable property lines. The west bufferyard is shown adjacent to the west parking lot and is proposed with only three canopy trees(eight required). b. Sloped embankments or areas requiring retaining walls within required bufferyards must be terraced every four feet(4') in height(maximum)with a minimum two foot (2')planting area between vertical planes. C. Provide landscaping and irrigation along the R.O.W. as approved by the landscape administrator sufficient to prevent slope erosion. A credit for reduction of the required interior landscaping cannot be granted without this irrigation. 2. Reposition the sidewalk along Davis Blvd. so that it is no closer than two feet to the curb. 3. Provide driveway spacing meeting the requirements of the Driveway Ordinance No. 634. The minimum driveway spacing permitted along F.M. 1938 is 500'between full access driveways. This distance can be reduced to 250' for right-in/right-out driveways. The spacing provided is 353' from the Southlake Crossing drive. 4. Provide an 8' screening device along the full extent of the south property lines as required by Ord. 480, Section 39. 5. A minimum of 202 parking spaces must be provided. In addition,the Site Summary Chart lists a total of 189 parking spaces while only 188 are shown on the graphic. (P&Z recommendation to allow 189 spaces with S P-1 zoning) C-(S� City of Southlake,Texas 6. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9c.1.c. on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (P&Z recommendation to allow horizontal articulation as shown) i 7. The exterior finish material proposed(STO/EIFS) does not appear to conform with the Corridor Overlay requirements(Ord No. 480-43.9c.La.). Provide an alternate material which complies or specifically request a variance for the use of this material. * Staff is currently researching the exterior material proposed and will provide a report on it prior to the City Council meeting of 04/07/98. 8. In the legal description replace the references to "Southlake Crossing Phase II" with "Phase I". Change the filing information from "Pg. "2425"to Pg"'1613". In the graphic,replace "Cabinet 2425" with"Cabinet A". i 9. Show easements for water, sewer and/or drainage in compliance with approved construction plans. * No review of proposed signs is intended with this site plan. A separate building permit is required before construction of any signs. * The applicant should be aware that before issuance of a building permit a Plat must be processed and filed in the County Plat Records(for both the main site and CAE tract to the south),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. I * All mechanical units must be screened of view from adjacent R.O.W. and residential properties. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1938. * Please be aware that any change of tenant/owners with a request for a new C.O.will require that all parking and fire lane requirements are met. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Page Southerland Page VIA FAX ABOVE Needham Wright Engineers VIA FAX(214) 357-2985 The Cimis Company VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98014S3A.WPD i` I i Articulation Evaluation No.2 Case No. ZA 98-014 Date of Evaluation: 03/13/98 `levations for Health Partners Medical Group Primary Care Center ceived: 03/09/98 Left- facing: North Wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay:' Max.wall length 99 77 -22% Yes 99 74 -25% Yes Min. artic. offset 5 5 0% Yes Min.artic. length 12 30 150% Yes Right-facing South Wall ht.= 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 99 77 -22% Yes 99 74 -25% Yes Min. artic. offset 5 5 0% Yes Min.artic. length 12 30 150% Yes Front-facing: West Wall ht.= 27 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 81 50 -38% Yes 81 49 40% Yes Min. artic. offset 4 5 25% Yes Min.artic. length 12 32 167% Yes Car-facing: East Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 60 0% Yes Min. artic. offset 3 10 233% Yes 3 3 0% Yes Min. artic. length 13 24 85% Yes L � C� �1 s • t sir a • tf ! ' a a i W J vl ( o i, it till id 15 _�� ra R �j•} i �! , j ! l� ti � v r YY► t .�rii.ss.. pass 1 • �. � � li ' i�ilalli 7 �1NOR iiii �Vis ti �j � � � � iit o}JZ � � �� �t� it �',asxs»xsi*i�i,!*��!!4T94�Y �ara e>s�i•fi � t i !!•i .t!_` _ 461 oil of All 01 asst[rrRR `asstf:e s i • w 1 v IR ,��� ,�- ' 'fit'�$ �,� _ �� ¢•�_; � I 4 t ja 11 IL j 'T ;E • it ��' '���� Gy� � �Rx�a �i� 1 I{ 7 �(•w o-r rLLC1•TrvMrw) _....� t '�aA ai ai ti !. $ ' :; 133i y •/�.!'.'l, e S I ^ !d ■.�.. cw 866160 8VW M PH 3 >I `d l H 1 n 0 S / b 3 l 1 3 >1 1 �I31N30 3db3 A c\JVA1l 1dIF — a 1 j dmio IVOIG3W S83Nl8Vd H13b3H i j t a d n 0 a o S n 6 ail 0 3 H 1 R 3 i i 1 i 1 Z Z 1 o ` ` o A f 1 Q\ Q 1 LLJ 1 LLJ J � J f � LLJ LLJ 2 = F- f- i � l 1 O O e b i Z } N Q Q . • u e 1 96616 0 MFrF, 0 3 A V I H i n 0 S / 8 3 1 1 3 A $ ' l �J31N30 3�JVO ,I�JVAI�Jd . 1 a M dno8o 1V91C13W S83Ni8Vd H1ld3H d n I o b 9 Sn8810 3H1 s' • u e r r u L4 R 1 3 R i P ! e w r 1�� O O Q Q t w T w J J w w H H w Q 3 � w ' Q Q IC-ZO CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-272 AN ORDNANCE AMENDING ORDNANCE 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 3.737 ACRES,LEGALLY DESCRIBED AS TRACT 2A1 OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, AND MORE FULLY AND COMPLETELY DESCRIBED 19EXHIBIT"A"FROM"AG" AGRICULTURAL DISTRICT TO"S-P-1"DETAILED SITE PLAN DISTRICT WITH"0-1" OFFICE DISTRICT USES, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED N 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 N 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 -7C-2,r 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, 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 GAORMZONING\480.145 Page 2 7C-22-- and amended as shown and described below: Being a 3.737 acre tract, legally described as Tract 2A1 situated in the W.R. Eaves Survey, Abstract No. 500, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with "04" Office District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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. G:\ORD\ZONING\480.l45 Page 3 -7C,-2� Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY G:\ORD\ZONING\480.145 Page 4 ����q APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\ORD\ZONiNG\480.145 Page 5 �c- ZS EXHIBIT "A" WHEREAS THE CIRRUS GROUP is the owner of a tract of land situated in the W. R. Eaves Survey,Abstract No. 500,Tarrant County,Texas according to the deed recorded in Volume 5072, Page 963,Deed Records,Tarrant County,Texas and being more particularly described as follows: BEGINNING at a concrete monument found in the east right-of-way line of Davis Boulevard(F.M. 1938), a variable width right-of-way, said point also being the southwest corner of Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Texas according to the plat thereof as recorded in Cabinet A,Slide 2425,Plat Records,Tarrant County,Texas; THENCE North 89 deg. 54 min. 56 sec. East continuing along the south line of said Southlake Crossing,Phase H a distance of 539.60 feet to a 1/2 inch iron rod set for the northeast corner hereof; THENCE South 00 deg.05 min.08 sec.West a distance of 302.46 feet to a 3/4 inch iron rod found for the southeast corner hereof; THENCE South 89 deg.57 min. 15 sec.West a distance of 537.50 feet to a 1/2 inch iron rod set for the southwest comer hereof and being on the east line of Davis Boulevard(F.M. 1938); THENCE North 00 deg. 18 min.47 sec. West along the east line of Davis Boulevard(F.M. 1938) a distance of 302.10 feet to the POINT OF BEGINNING NNG and containing 162,789 square feet or 3.7371 acres of land. G:\0RD\Z0N1NG\480.145 Page 6 EXHIBIT "B" ;-55 t{ t�Y � • �>}st it x G Hilo; Lgaa ;u 7- J c Pit t Fri` 4f! si-� �ii�� s • a a Y Y a • ; y Lj Q V II33 yy;{� yy crr �a� L ce moll � �� ��! �L Il���j_� � lid+�i U lei i�j�!��«a�I��q `�w I Q 4e � •e• c 1 E i i ai�1 x�msa,v!?-*i� f1 }Iao1s;YYt!!ffc cuf� w f 4 9 i g id q 9a 'flip61�9km511 �f � � �I1� r � fI �� w � I� . � - • ij If 41,1 114 t �i1= - I? • 1 Ir :4 !S G �a as A���� 12 fill I �! it C�or w.ou 3ievwvn> —3 Y �'A11 a: a�ai a: 5 f ewri.ri�e # �'" ! A! I= 866L 6 o M Qom! 3 A V I H i n o s / 6 3 1 1 3 N F i 631N33 3dd3 /1�JVWI�Jd i � , ; ♦' !� ! , 6 dnoilo IVOIa3W S63NidJVd Hi-lV3H f ` p¢ • f , Q d n o d o S n 2i b 1 0 3 H i � • Y e � Y R t i 7 i R �! R f i{ i f z z t � o o f I � a a > > w w J � J f � W W fit JLL ULL- 2 = f t ! t _ ! D f 0 ; O o Q Q 1C- 20 • V O Y FFI; P!! i!j' 3 N d l H 1 a nos / 3 l 1 3 A { ; ' { PH l�� �J31N33 3�Jd3 /l�JdMjc� CM t i ri dn0210 TdO1(13W S2j3Ni6Vd HiW3H i • t ! Q d n 0 d J S n d d l z) 3 H 1 R i - 0 R I � e if o 3 c U � o s � IL s E {SaRffl. i z i z t! O O { Q Q 1 - i W W J J W W W Q o � i Q Q '1C-261 City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Ordinance No. 701, 2°d Reading, Abandoning Right-of-Way on Pine Court BACKGROUND Attached is the above referenced Ordinance to abandon the right-of-way on Pine Court. The three quitclaim deeds are also attached. The three residents involved in this request for abandonment are doing so because they all possess frontage on existing streets and have no need for this right-of-way. Pine Court has never been built as a public street. All of the franchise utilities have stated that they have no objection to this abandonment. There are no public utilities located in this right-of-way and no utility easement will be required in this area. RECOMMENDATION Staffs recommendation is to place Ordinance No. 701, 2nd Reading on the Regular City Council Meeting A enda for April 7, 1998, for City Council review and consideration. l RH/ls Attachments: Ordinance No. 701 Quitclaim Deeds M:\W P-FR.FSORD%701WEMO.WPD 7D-1 ORDINANCE NO. 701 AN ORDINANCE VACATING AND ABANDONING RIGHT-OF-WAY ON PINE COURT, IN THE CITY OF SOUTHLAKE, TARR.ANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID DRAINAGE EASEMENT AND PROVIDING FOR 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,after careful study and consideration, has determined that right-of-way on Pine Court in the City of Southlake, hereinafter more specifically described, 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 benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deeds releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The following right-of-way on Pine Court is hereby vacated and abandoned as public property: Pine Court located in the Southlake Park Addition to the City of Southlake said right-of- way being depicted and described as TRACTS I, 1I, and III on Exhibit A and Exhibit B attached hereto. The right-of-way is not being used by, nor useful or convenient to the public in general. It 7D-2 constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2 The Mayor of the City of Southlake,Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas,by the office of the City Secretary. 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 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 phrase, clause, sentence,paragraph or section. SECTION 5 This ordinance shall be in full force and effect from and after its passage, and it is so ordained. 7D-3 Le PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: Nl lWP_F"��M701°'D WF° 7D-4 03/13/98 FRI 16:03 FA.T 12146385832 CARTER & BURGESS 0002 EXHIBIT A(PAGE 1 OF 4) PROPERTY DESCRIPTION TRACT 1 BEING A 0.448 ACRE TRACT OF LAND SITUATED IN THE O.W.KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE,TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.448 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE NORTH R.O.W.LINE OF SAID PINE COURT FOR THE SOUTHWEST CORNER OF LOT 2-R,GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS (P.R.T.C.T.); THENCE S 00°20'50"W, OVER AND ACROSS SAID PINT COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 51W IRON ROD CAPPED"CARTER& BURGESS" SET FOR CORNER; THENCE S 89039'10" E, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE NORTH R.O.W.LINE OF SAID PINE COURT,A DISTANCE OF 650.48 FEET TO A 5/8"IRON ROD CAPPED"CARTER& BURGESS" SET FOR CORNER; THENCE N 00-2950" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID LOT 2-11 AND THE SOUTHWEST CORNER OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3444, P.R.T.C.T.; THENCE N 89°39'09"W,ALONG THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF SAID LOT 2-R,A DISTANCE OF 650.48 FEET THE POINT OF BEGINNING, AND CONTAINING 0.448 ACRES OF LAND, MORE OR LESS. 4�i�Q• RFp,•� . GAHY 5.VEDRO k'1 `�•p 034 �v Oau 3j PAGE 1 OF 1 H:\JOB\TIMARRON\9723i7Ol\SDATA\317EX004.FNS y 7D-5 t 03/13/98 FRI 16:04 FAX 1214638 VkhlBIT A(f"2 I�SS �003 PROPERTY DESCRIPTION TRACT 2 BEING A 0.186 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6838, PAGE 1521 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.186 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF SAID PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T., AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T AND ELIZABETH J. COTTLE-WEST, RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE N 00020'50" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED"CARTER&BURGESS"SET FOR CORNER; THENCE N 89°39'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 270.10 FEET TO A 5/8" IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE S 00020'5V W, OVER AND ACROSS SAID PINE COURT, A DISTANCE OF 30.00 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID WEST TRACT, SAID POINT BEING S 8963910"E,A DISTANCE OF 15.06 FEET FROM THE COMMON SOUTHWEST CORNER OF SAID PINE COURT AND THE NORTHWEST CORNER OF SAID WEST TRACT; THENCE S 89°39'10" E, ALONG SAID COMMON LINE, A DISTANCE OF 270.10 FEET THE POINT OF BEGINNING,AND CONTAINING 0.186 ACRES OF LAND, MORE OR LESS. O .�� ` f�+Yffr- ♦........ ,ARY S.VEDR.D 1LL1..[N..1..............4934 .'.� �•tea �} '= su t� PAGE 1 OF 1 H:UOBITI MARRON1972317011SDATA1317D0003.F NS L 7D-6 03/13/98 FRI 16:04 FAX 12146385632 CARTER & URGESS 9004 EXHIBIT A(PAGE 3 OF 4) PROPERTY DESCRIPTION TRACT 3 BEING A 0.317 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.317 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T. AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST, RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T. AND ELEZIBETH J. COTTLE-WEST RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE S 8903910"E,ALONG THE COMMON SOUTH LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID PONDER TRACT, PASSING AT A DISTANCE OF 380.78 FEET, THE COMMON NORTHEAST CORNER OF SAID PONDER TRACT AND A TRACT OF LAND GIVEN TO KEITH FREZZA AS STATED IN VACATION OF PLAT, RECORDED IN VOLUME 12736, PAGE 206, D.R.T.C.T., CONTINUING ALONG THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID FREZZA TRACT, A TOTAL DISTANCE OF 420.78 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID 0.97 ACRE TRACT AND AN ELL CORNER OF SAID FREZZA TRACT; THENCE N 00"00'55"W, ALONG THE COMMON EAST R.O.W. LINE OF SAID PINE COURT AND THE WEST LINE OF SAID FREZZA TRACT, A DISTANCE OF 60.00 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE,AN ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 3444, OF THE PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE N 8903910"W,ALONG SAID COMMON LINE,A DISTANCE OF 40.02 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHWEST CORNER OF SAID TIMARRON ADDITION AND THE SOUTHEAST CORNER OF GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, P.R.T.C.T.; THENCE S 00°20'50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET A 5/8" IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE N 89039'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 380.38 FEET PAGE 1 OF 2 H:UOB\T IMARRON\97231701\SDATA\317EX002.FNS L 7D-7 Y 03/13/98 FRI 16:05 FAX 12146385632 CARTER & BURGESS 11005 EXHIBIT A(PAGE 4 OF 4) TO A 518" IRON ROD CAPPED "CARTER S BURGESS"SET FOR CORNER; THENCE S 00020'50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET THE POINT OF BEGINNING, AND CONTAINING 0.317 ACRES OF LAND, MORE OR LESS. OF: c!)'tQ-'. �g. A PAGE 2 OF 2 H:UOBITIMARROW72317011SDATA1317EX002.FNS 7D-8 03G3/98 nlea■ FAX aasasz cARTE■ ■ BURGESS a#■ . \ � EXHIBIT 8 � �i o A ) \ k�P k$ co < c"'�olo£�O\sg, §:-4w e�>;a $ :-I :e � 4 >§Q in �G Q ( mo> � ]z (m ® ) �) )i 2 . « ^l < /� < \ k}R �P o4-Am z ri GM M. �R§0 �j 0-; 0 ` v/ oa 02 §-m0R � `k �0z M 10 q �§� -4 m� mom - �§ M �z w 2' M �. t � § ox 7®x �Z \§oov. k �wi�§' 2 qo � z � % CA M >_, EXHIBIT �.� E _ �» m_ cmwftift��.�%A� AWRACt_,_ R_,_� TEXAS f1E1 7D 9 . < . . \ 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 right-of-way on Pine Court located in Southlake Park Addition in the City of Southlake, hereinafter specifically described and depicted as Tract I on Exhibit A and Exhibit B attached hereto and incorporated herein, 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 benefitted 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 ("Grantor")does hereby bargain, sell,release,vacate, abandon and forever quitclaim unto: PHILIP J. GOETZ AND KAREN O. WALKER, HUSBAND AND WIFE ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right,title, and interest in and to the right- of-way described in proportion to its abutting ownership situated in Tarrant County,Texas, to wit: See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Depiction TO HAVE AND TO HOLD all of its right,title and interest in and to the above described utility easement 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 utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 7D-10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared , 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 91998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 7D-11 03/13/98 FRI 16:03 FA.t 12146385632 CARTER & BURGESS 002 EXHIBIT A PROPERTY DESCRIPTION TRACT 1 BEING A 0.448 ACRE TRACT OF LAND SITUATED IN THE O.W.KNIGHT SURVEY,ABSTRACT NO.899, IN THE CITY OF SOUTHLAKE,TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6W6, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS(D.R.T.C.T.), THE SAME BEING COMIMONLY KNOWN AS PINE COURT(6V R.O.W.). SAID 0.448 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE NORTH R.O.W.LINE OF SAID PINE COURT FOR THE SOUTHWEST CORNER OF LOT 2-R,GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE S 0002950"W, OVER AND ACROSS SAID PINT COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 51W IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE S 89039'10" E, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE NORTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 850.48 FEET TO A 5/8"IRON ROD CAPPED"CARTER& BURGESS" SET FOR CORNER; THENCE N 00-2950" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID LOT 2-R AND THE SOUTHWEST CORNER OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3444, P.R.T.C.T., THENCE N 8903909"W,ALONG THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF SAID LOT 2-R,A DISTANCE OF 650.48 FEET THE POINT OF BEGINNING, AND CONTAINING 0.448 ACRES OF LAND, MORE OR LESS. OF �:� E F STR >r . �swlw rw............... C,ARY S.V$DRO kJ E4. 4534 9.*r sirs .. f3 jig 3j PAGE 1 OF 1 H:VOB%TI MARRO N1972317011.SDATA\317EX004.FNS y 7D-12 03/13/98 FRI 16:05 F.A.L 12148385832 CARTER & BGRGESS la008 I O EXHIBIT B < o ;.. CMo X m m z G(VA'OIO I0L\(M0\S3 13-cL*A\:W N n O1< C7 00 -4 .Y M m rq s { moD m� NJZ O A t,wl O s +. 7C �' M m s'; z P. < 00 O D r D. 3;£ 0^ ..0, m m< c� p �1�' v-� ` A,z m�0 rn 1p C L,CA aNrm 'T n�CO n N< A V D s &. 1 V)� �W�= n yDN D0 n <m OZs 0 --I�nm A m0Z my snN NDC7 NA rrn0D Eno O Nz W O � O � In !f W.9o� rq o nO0C3D a Z C W rn N �O A Z n q<{ 7 n n N BAIE 10-:6 s7 EXHIBIT "A,• cwtwy nurgeu SHEET sari I.tOO OUT. UT Or SOUT�lA Or THE OW MIGHT KNIGHT SURVE7. ABSTRACT H0.B99 O..--ft.ireq��.-t�ae% ~m.�. - `.r Jp1AVl--�uoH7ER CURIJt BU0.CESS.MC. nn a,smr st+.a/a Cf m 00 T1' 1CC,TARRAMT COUM'f, TC1fA5 I a K��'„�y K J CHECKED 6 a An" 7D-13 r QUITCLAIM DEED (awl 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 right-of-way on Pine Court located in Southlake Park Addition in the City of Southlake, hereinafter specifically described and depicted as Tract II on Exhibit A and Exhibit B attached hereto and incorporated herein, 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 benefitted 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 ("Grantor")does hereby bargain, sell,release,vacate, abandon and forever quitclaim unto: PERRY D. WEST("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right,title, and interest in and to the right-of-way described in proportion to its abutting ownership situated in Tarrant County,Texas, to wit: See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement 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 utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By. MAYOR 7D-14 STATE OF TEXAS COUNTY OF TARR.ANT BEFORE ME, the undersigned authority, on this day personally appeared , 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 91998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 (We 7D-15 03/13/98 FRI 16:04 FA.T 12146385632 CARTER & BURGESS C�003 EXHIBIT A PROPERTY DESCRIPTION TRACT 2 BEING A 0.186 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6838, PAGE 1521 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.188 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF SAID PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T., AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T AND ELIZABETH J. COTTLE-WEST, RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE N 00020'50" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED"CARTER&BURGESS"SET FOR CORNER; THENCE N 89039'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 270.10 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS"SET FOR CORNER; THENCE S 00020'50" W, OVER AND ACROSS SAID PINE COURT, A DISTANCE OF 30.00 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID WEST TRACT, SAID POINT BEING S 8903910"E,A DISTANCE OF 15.06 FEET FROM THE COMMON SOUTHWEST CORNER OF SAID PINE COURT AND THE NORTHWEST CORNER OF SAID WEST TRACT; THENCE S 89039'10" E, ALONG SAID COMMON LINE, A DISTANCE OF 270.10 FEET THE POINT OF BEGINNING, AND CONTAINING 0.186 ACRES OF LAND, MORE OR LESS. .�E 0 ..�.:.............. GAR'Y S.VE.DRO... 4934 suR s is s PAGE 1 OF 1 H:\JOB\TIMARROM97231701\SDATA\317EX003.FNS 7D-16 IL 1 03/13/98 FRI 18:05 F.0 12148385632 CARTER S BC,RGESS ®008 I I EXHIBIT B a .. M A Lollm M ao QdM'Q'IO IOL\CrdO\S3 13-dM\:W O0�A a•.r '< D O On C� m •D n w DDN � DN mpD m� ggP N ffir N.Zi oe y 5,' M t1 D z 00 O D n�= C = M. f C� <O ..A Mlrr m-< C-4 O { vyA _z rnco) W t O A p -i00 p�-um J n0o=0 f7N< Av D V,M 'a14 n T DWN y 0 n�<•^ oZD OZ -0Am A a "'0z �Iq DDN n . NDE7 NJ LnnM TO'iOD !� No Le 01 Nz W O � O � M AO�An>0 � 0Z n O o o 25 ADO W N JC A z i i n N � 9ArE To-a-n ' EXHIBIT "A' FHEET SOALQ 1--100' OUT OF ces.wmsi.�rrs�tn'�wAra._.._._ THE O.W. KNIGHT SUffM. ABSTRACT N0. 999 fnn�n,em+1lswgr/rnt as sssus-rues pieW 91" a p(LIIUOMTfIf IN THE CYTTOI&BUROESL IIC. ae �auras am..a :S CF / CITY OF SOUTHCC, TARRA14T COU TEAS '"��•�' lsrt ai W MY, i 04E0CED 9/.. C KORC aw ss-s�e 7D-17 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 the right-of-way on Pine Court located in Southlake Park Addition in the City of Southlake, hereinafter specifically described and depicted as Tract III on Exhibit A and Exhibit B attached hereto and incorporated herein, 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 benefitted 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 ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: CAROLYN JO V. PONDER ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right-of-way described in proportion to its abutting ownership situated in Tarrant County, Texas,to wit: See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement 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 utility easement premises or appurtenances or any part thereof. Executed this the day of 91998. CITY OF SOUTHLAKE By: MAYOR 7D-18 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared ,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 51998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake,Texas 76092 7D-19 03/13/98 FRI 16:04 Fkl 12146385632 CARTER & BLRGESS %004 EXHIBIT A PROPERTY DESCRIPTION TRACT 3 BEING A 0.317 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE,TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.317 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T. AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST, RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T. AND ELEZIBETH J. COTTLE-WEST RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE S 8903910"E,ALONG THE COMMON SOUTH LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID PONDER TRACT, PASSING AT A DISTANCE OF 380.78 FEET, THE COMMON NORTHEAST CORNER OF SAID PONDER TRACT AND A TRACT OF LAND GIVEN TO KEITH FREZZA AS STATED IN VACATION OF PLAT, RECORDED IN VOLUME 12736, PAGE 206, D.R.T.C.T., CONTINUING ALONG THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID FREZZA TRACT, A TOTAL DISTANCE OF 420.78 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID 0.97 ACRE TRACT AND AN ELL CORNER OF SAID FREZZA TRACT; THENCE N 00000'55"W, ALONG THE COMMON EAST R.O.W. LINE OF SAID PINE COURT AND THE WEST LINE OF SAID FREZZA TRACT, A DISTANCE OF 60.00 FEET TO A 5/8"IRON- ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 3444, OF THE PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE N 8903910"W,ALONG SAID COMMON LINE,A DISTANCE OF 40.02 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHWEST CORNER OF SAID TIMARRON ADDITION AND THE SOUTHEAST CORNER OF GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE. RECORDED IN VOLUME 388-201, PAGE 82, P.R.T.C.T.; THENCE S 00°20'50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET A 5/8" IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE N 89039'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 380.38 FEET PAGE I OF 2 H:UOB\T IMARRON1972317011SDATA\317EX002.FNS 7D-20 �r t 03/13/98 FRI 16:05 FAX 12146385632 CARTER & BURGESS 11005 EXHIBIT A(CONT.) TO A 5/8" IRON ROD CAPPED"CARTER& BURGESS'SET FOR CORNER; THENCE S 0002a50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET THE POINT OF BEGINNING, AND CONTAINING 0.317 ACRES OF LAND, MORE OR LESS. OF 00 r �M f PAGE 2OF2 H:V O BITIMARRO W 72317011SDATA%317EX002.F NS 7D-21 r o■ 1� # n! L8 a■ FG 12146385832 CARTER aBURGESS e w■ Q , EXHIBIT 8 §� j \ cr c iq@ 77 � . . 0Crd0locCrHag ��4M\:w oo_q > o HIp • �>2Q Q �� Q . �§n 0--1 ¥ \,! §� � �( §� tm! ate! p 1\ « <n o0� \t < ~a r-> i P ;R rn < E� @ � _ o-A o�z egg e n ¥ a @00 o_�� 'w @ ` jRx® MLq X: . >m na< o»0z§��m �0 2 M 0 �§� o .� q»o LA now � «§ a§ z w . n �( ��7o� &�2 S §eo0G \ . zaq q) ) t ATE ,"7 • m @T 'A . �E _ EX _OF .�� _ _. A � «_ �O_W- \ __ gym_ _,_ TA RUNT_. _ § 1 IN THE OF � __� � n-Y Of m� ,_ ._ 7D 2 . \ $ City of Southlake,Texas STAFF REPORT April 3, 1998 CA SE NO: ZA 9 -015 PROJECT: Resolution No 98-24/Specific Use Permit-Albertsons - outside storage and display of plants and garden supplies I STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for outside storage and display of plants and garden supplies per Zoning Ordinance No. 480, Section 45.1 (29) on property legally described as being Lot 2R,Block 1, Southlake Crossing, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A,Slide 1613,Plat Records,Tarrant County,Texas. LOCATION: 2201 W. Southlake Boulevard, on the southeast corner of the intersection of West Southlake Boulevard(F.M. 1709) and Davis Boulevard. OWNER: Albertsons, Inc. APPLICANT: Albertsons Store#4288 CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Thirteen(13) RESPONSES: Two (2) responses were received within the 200' notification area: • Otis Collins, 224 Randol Mill Avenue, Southlake, Texas, in favor of. (Received 3/12/98) • Clark Elms (McDonald's Corp.), 2155 West Southlake Boulevard, Southlake, Texas,in favor of "Increase of business in the center with no negative impact to aethetics." (Received 3/18/98) P&Z ACTION: March 19, 1998; Approved(6-0)specifically permitting the outside storage of and the display of plants and garden supplies only. 7E - 1 STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes have been made to the previously approved concept/site plan, no new review letter was generated. Attached is a concept plan indicating area of the proposed outdoor storage and display. In granting a specific use permit for this activity,the City Council is authorized to set out specialized buffering, screening, design and signage requirements to ensure that the outdoor storage, display and sale is totally compatible with the specific site and all surrounding land uses. L:\COMDEV\WP-FELES\MEMO\98CASES\98-015SU.WPD i 4 i � r N Ll ..� I�i I. jj �I `� �� Ill � � �,• III �' ►. CA§ML i �• p'(E-S 'ESQ P I ► .,�ctp ►IGH c:E.CIO --�, i I i � ► oP' � 1 E�P=_II� r—�—� ate---� I ► I �� it � �,� / l�1CN �#.f ► I I I`v" QY CALL II --If cr I aseffARY swots / I 1 �?I 1 ;,v�,'\�. \ j --• cam' TRACT MAP 'I -3 `7 - ' "AG" „C2,.� A � 2 2 ► ' TR 2 .918 O � 8 1.475 O �3 1.020 O CD DDD A �' '► A BROWN 3 WOODBRI . R MGMT � A �� 6 $ s � 1 .863 O ,. a 0 7 i TR 2 a M 39a � 2.442 O FOOD MART 9, ` "C3" I ,Q I 4 i- I MCDONALD'S MARTIN I 5 ' I� 9.204 ® SOUTHLAKE JV I � • � 'TACO - BEY 3R2 5.552 O 5 Q , -.692 ® � It BELL ► � I GENERALS 0g TX 3R1 ' .722 O ELECTRIC 1 R "' VENUS PARTNERS 2.560 O „C31' TR O. COLLINS 2A3 SOUTHLAKE WOODS TR 2A1 .46 3.63 AC TR 2A5 - ' O � ( . „AG„ 12.189 AC 1 ® L _ I � • � i i I � i TR 2A6 R "SF-20A" TR 2A\ 1.4 AC ' 1.236 AC ' ADJACENT OWNERS - 221 - -- AND ZONING --- -- - '° I TR 1 1.797 AC 1 o • LS � • � CARTS 4 ---- - 153.33' w 248 74 .6 7' 3.5' i H C / �0�p YER E fIC;'C EXITS(awl Q 10'3JL J/ 86.67 1 ENTRY/EXIT _ ( 252,) � w y ALBERTSONS 589632 S.F . 1 f----- EMERGENCY EXITS --�.. -- ELECTRICAL PANELS ENCLOSURE m _ • - 1126 841 - -- - _ - ( RUCK N 1 I _ s a00 o �i1 .,li� ■7!� I N < ItW Z � sai�s I � k uj m ;. 7 ; 0 ow aJ g o6 °ee �' w 4oitt >s4 j!v 1. . ._.._............ - ....... .............................. ._..-. \ . .. _...._....._.... 1 ------- Ax tl r , `••�� b a I i� D I •� .4- 4 t''�,\ r. OaVi137/XJB SIMO H.IWN v n a' _.._....._...... ter. ? :e `` •- r Resolution No.98-24 Page 1 RESOLUTION N0. 9824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE O IL�F. S'TQRAGE ADD:DISPLAY OF PLANTS T MNA MWIMMIAL LC3 R, 3 OCI SOLI§"1' "F. 3 :GI O T PHASE . , MORE FULLY V AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS,a Specific Use Permit for the autside'storage and dis ?�€�I,aaricl ""den suppiies'has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Eommercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (29) of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such I Specific Use Permit is in the best interest of the public health, safety,morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on-premise consumption on the property being legally described as Lot 2R,Block I,Sc�uthlake C sgP 1,more fi>1Iy and completely described in Exlabrt°` '�,and as depicted on therovv� plan"attachedhereto andaincciilitrated`hereuiaas-Exhibit;` 3"anid pmvidingarf"efette iia , subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 7E -7 L:\COMDEV\WP-FILES\RES-ORD\98-24OUT.WPD Resolution No.98-24 Page 2 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: r City Attorney City of Southlake, Texas L:\COMDEV\WP-FILES\RES-ORD\98-24OUT.VirPD 7E-s Resolution No.98-24 Page 3 EXHIBIT "A" Lot 2R, Block 1, Southlake Crossing, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1613, Plat Records, Tarrant County, Texas. The property is located at 2201 W. Southlake Boulevard on the southeast corner of the intersection of West Southlake Boulevard(F.M. 1709) and Davis Boulevard. L:\COMDEV\WP-FILES\RES-ORD\98-24OUT.WPD 7F -9 Resolution No.98-24 Page 4 EXHIBIT`B" u .,..v.o \✓�1 \m+• QN30 3 91, t• •) r / �• „v a6nJ L:\COMDEV\WP-FILES\RES-ORD\98-24OUT.WPD City of Southlake, Texas STAFF REPORT April ). 1998 CASE NO: ZA 98-016 PROJECT: Resolution No. 98-25 / Specific Use Permit - Restaurants of Southlake - sale of alcoholic beverages for on-premise consumption STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for the sale of alcoholic beverages for on-premise consumption at Restaurants of Southlake on property legally described as being Lot 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, Plat Records, Tarrant County, Texas. i LOCATION: 621 E. Southlake Boulevard, on the southeast corner of the intersection of Byron Nelson Parkway and East Southlake Boulevard (F.M. 1709). OWNER: Venus (Drews) Partners V, L.P. APPLICANTS: Djuna and James Case 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: Five (5) RESPONSES: None P&Z ACTION: March 19, 1998; Approved (6-0). STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes hay e been made to the previously approved concept/site plan, no new revie"v letter was generated. This site is subject to all conditions of the previously approved plan. The proposed request is to be located within Building No. as shown on the attached Concept Plan. i L:`COMDEV\WP-FILES\MEMO\98CASES\98-016SU.WPD qF- l CAIRaL AA N 9NEDLATE -- A OSCHOOL­ F - Cp '-L Ell WOOD 41 , MY i HALL �^ IJ ow I P� I l it ��l I I I � I ��i { I `•�� I 1�— C 1"' �` �R�mIR�FAST `� ,•�-.✓ / I � , I . i;�—�� ���', ,,.��n---- tea; ;x cr 1 / i ' -- TRACT MAP i 9 ! C ' 3 i 2a 12 DIAMOND I� M - � � T i i LTD DIAMOND I LTD! FOXBOROUGH i OFFICE BLDG „ — -- - - - - - O-1 - - - - C-2 - a STATE OF TEXAS STATE OF TEXAS`_;= - - -SOliTHI-AXE BLly - - - - - - I ,T I 3 J.W. RICHARDS I -� 5� . � WESTERRA 'R '`''` TIMARRON� i.593 .4C 21--' I 1 .56 AC u n ` 2� R-PUD 2.132 AC 1` ! ' I n o - D JOE BAKER 11AG11 `3 I I R .i 3 I -'1 11 11 2 -3 � � SF-1 A CITY OF , SOUTHLAKE i ' '23 AC 3 2a � 2.C35 AC - 1C2 !�i a r . � f ,_43 �.1 C9 �... I /.Vc5 AC i WESTERRA TIMARRON 11 JAMES BAKER R-PUD .70 � I I 1C3 1.71 C 10D DR C1CARROLL ISD y ADJACENT OWNERS _ _ AND ZONING t-, /� -lk\ .91 7.937 19 nF-3 CARROLL ISD al",unos Z NOS-M NOXAR v UA'M Hxv1uiux)s fill 09:j=q'c.LO-n gpfm NOSTMU ly 90VIM mu lot ; 79. 5o 49 IMP Irn 95 ar r 5st I nEZ I��' � 'r qo� Val V* Lm ea T t n, CO 4L cn cn LLJ � �a !I I I � SM���c� �d /1 c, a L � 1 ifie— tA.Z1 JA2h 4, 0 c z 789 —W t --- - -------------- -———————— ——— (60LI wd) GAIR EDri'DLUIOS ' F- Resolution No.98-2 5 Pace 1 RESOLUTION NO. 98-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,TEXAS, BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 60, TIMARRON ADDITION, PHASE V, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as"R-PUD"Residential Planned Unit Development District with"C-2"Local Retail Commercial District uses; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1)and_45.6 of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof, and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on-premise consumption on the property being legally described as Lot 3, Block 60,Timarron Addition,Phase V, more fully and completely described in Exhibit "A", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit"B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. - r7F-s Resolution No.98-25 Pa(ye 2 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas L:\CObtDEV\WP-FILES\RES-ORD\93-25ALC.WPD r7F- 6 Resolution No.98-25 Page 3 EXHIBIT A Lot 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, Plat Records, Tarrant County, Texas. The property is located at 621 E. Southlake Boulevard on the southeast corner of the intersection of Byron Nelson Parkway and East Southlake Boulevard(F.M. 1709). L:\COMDEV\WP-FILES\RES-ORD\98-25ALC.\�"P D IF- Resolution No.98-25 Paae 4 ` EXHIBIT "B" SO[TfHLARB BLVD. (FM 1709) M•]•• I 71 i _ f � I _ Ll 1 go cl M JI � ,� a � e li ❑ "7 � e � s3 � P I �� �� {.� C•Iir1'_➢]•i[ Ei••m.y8 lbyr mil. �vY'M� i Il 99 ! 1 1 �� II 1 , -Al 1 •n �.rIM, L:`,CONIDEV\WP-FILES\RES-ORD\98-25ALC.WPD 4 City of Southlake. Texas STAFF REPORT April 3, 1998 CASE NO: ZA 98-017 PROJECT: Site Plan / Georgetown Park, Phase IVV STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Georgetown Park, Phase IV, on property legally described as Tract 2A2 and portions of Tracts 2A3A and 2A3C, situated in the Thomas'Easter Survey, Abstract No. 474, and being approximately 3.455 acres. i LOCATION: 2600-block of East Southlake Boulevard (F.M 1709), being approximately 600' east of Bluebonnet Drive on the south side of East Southlake Boulevard (F.M. 1709). OWNER/APPLICANT: Realty Capital Corporation CURRENT ZONING: "C-2" Local Retail Commercial District i LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Eight (8) RESPONSES: One (1) response was received within the 200' notification area: • Gary Price (Liberty Bank), 2438 East Southlake Boulevard, Southlake, Texas, in favor of. (Received 3/16/98) P&Z ACTION: March 19, 1998; Approved (6-0) subject to Site Plan Review Summary No. 1, dated March 13, 1998, accepting the bufferyards as shown, but requiring the applicant to place the plantings elsewhere on the site; deleting Item #6 (40' R.O.W. reservation) and allowing elimination on Final Plat if not needed; requiring a 4' sidewalk and recommending the trail to be on north side of F. M. 1709, and accepting articulation as shown on south facade of Building 9. STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated March 13, 1998, with the exception of those listed in the attached Site Plan Review Summary No. 2, dated April 3, 1998. i L:\COMDEV\WP-FILES\MEMO\98CASES\98-0 17SP.WPD i i I i I -- � 1 esr i - i PKW ID I � , rl IP O I i r TRACT MAP I', r �. TRACT 3 Z TRACT 3A 3.9R AC TRACT 1E 3.725 C2" ' „ 1 "AG" "AG I a 181 I TRACT l A I R I i 2.993 AC LIBERTY ti > CARROLL ISD 919 _ r; BANK GRAPEVINE— OLLEYVILLE ISD 906 r tk c R. LEE y STATE Oe S+01J7, TRACT 38 _ 4.86 AC 1 2 2 l7 4 R Zc.3A 1 / .03, ® STq TF rR 2 ,7685� �� TEJrq � T c c L" TR TRZa rq l s "AG" �� 2.53 Ss ® TR 2A1 1 "AG .865" iQw I 0 TR ll 0� i G) TR 1 TR 2k i TR 2AtA 1.5- r 5.73 AC 0 . 3.225 z ' E. SHANKLIN � TR 2A2A 0 � H. CARR � r Z 6.79 AC m "C210 _ r r r I O i TR 11 I1 5.93 AC 2 r I ADJACENT OWNERS 3 AND ZONING City of Southlake, Texas i SITE PLAN REVIEW SUMMARY Case No.: ZA 98-017 Review No: Two Date of Review: 4/3/987 i Project Name: Site Plan - Georgetown Park, Phase IV, Proposed Lots 3 and 4 Block 1 Georgetown Park I APPLICANT: ARCHITECT: Realty Capital Corp CNK Associates 920 S. Main St. # 170 2045 N. Highway 360. Suite 160 Southlake. Texas'76051 Grand Prairie Texas 75050 Phone: (817) 488-4200 Phone: (817) 640-0100 Fax: (817)488 - 5257 Attn.: Richard Myers Fax: (.817) 633-3309 Attn: Khiet Nguyen i i CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/23/98 AND WE j OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. i * The current Village Center East Circulation Study recommendations do not require any right-of-way reservation or dedication on this plan or on any plats for this site. If the Study is approved with revisions relocating the collector to this site,this plan and any subsequent plans and/or plats must provide for the appropriate dedication of right-of-way. I 1. The applicant proposes relocation and reduction in length for the required bufferyards within Lot 3: (P & ZAction 3119198:Accept the bufferyards as shown, but require the applicant to place the plantings elsewhere on the site.) a. The west bufferyard to be relocated along the east line of the drive lane and the length to be reduced by 20'. i b. The south bufferyard to be relocated along the north line of the drive lane and parking spaces and the length to be reduced by 36'. 2. Provide a common access easement along the eastern most drive and along the east property line of Lot 4. I 3. Show, label, and dimension easements on or adjacent to the site. 4. Show the location of any proposed hydrants for this phase on the Utility Plans. i 5. Fire lanes require minimum 30 ft. Inside turn radius and minimum 54 ft. outside turn radius. (Per 91 U.F.C. Sec. 10 Division II as amended and policy dates 05-27-93 and updated 07-18-97). Turns at the southwest comer of Lot 2, Block 1 (Future building#6) should be corrected. 6. Provide horizontal and vertical articulation meeting the requirements of Ordinance 480, Section 43.9.c.1.c.on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. The south wall roof, Building No. 9, does not comply with i i City of Southlake, Texas the vertical articulation. (P& ZAction 3119198:Accept the articulation as shown on south facade of Building 9) 8. The land use map designation( L.U.D. ) is Retail/Commercial on the adjacent west lot labeled as Howard E. Carr, Jr. This should be reflected on the graphic. 9. Provide sidewalks in accordance with the Sidewalk Ordinance No. 683 and Master Trail Plan. (P& ZAction 3119198: Require a 4'sidewalk and recommend the trail be located on the north side of F. M. 1709) 10. Remove the notation"Future Street Extension in the southwest corner of Lot 4. 11. Correct the number of required parking spaces(12)for medical office (provide 8 spaces for the I first 1,000 square feet then 1:150). P&ZACTION.- March 19, 1998;Approved(6-0) subject to Site Plan Review Summary No. 1, dated March 13, 1998, amended as noted above and with the following additional recommendation: 1) Delete Item #6(40'R.O.W. reservation) and eliminate the right-of-way on Final Plat, if not needed. * Although not required by ordinance, staff would appreciate placing the City case number"ZA98- 017" in the lower right comer for ease of reference. The previous comments stated"ZA97-017" in error. * All driveways must comply with the geometric and dimensional requirement of the Driveway Ordinance No 634. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical units must be screened of view from rights-of-way and residential properties. i * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone requiring construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit the Plat must be filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, tree survey, 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. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Lighting must comply with the requirements of Ordinance. 480, Sect. 43.12a M i City of Southlake, Texas * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking requirements in the zoning ordinance are met and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment Attachments: Articulation Evaluation Chart cc: Realty Capital Corp, Richard Myers @ 488-5257 CNK Associates, Khiet Nguyen, 633-3309 L:\COMDEV\WP-FILES\REV\98\98017SPI.WPD I I I I . i f C � i Articulation Evaluation No.2 Case No. ZA 98-017 Date of Evaluation: 04/3 198 Elevations for Georgetown Park. Phase IV deceived: 03/23 /98 wilding No. 5 - ------- -- Front-facing: North Wall ht. = 25 Horizontal articulation Vertical articulation Required. Provided Delta Okay? Required Provided Delta OkaN?_ Max. wall length 75 35 -53% Yes 75 34 -55% Yes Min. artic. offset 4 4 0% Yes 4 5 25% Yes Min. artic. length 9 14 56% Yes 9 12 33% Yes Rear-facing South Wall ht. = 10 :Horizontal articulation 'Vertical articulation Required i Provided Delta 1 Okay?' Required red Provided Delta Okay? Max. wall length 30 ! 30 0%' Yes 30 21 -30%I Yes Min. artic. offset 2 i 4 100%1 Yes! 2 ! 6 200% Yes Min. artic. length 81 25 213% Yes! 5 13 '. 160%' Yes Left-facing: East Wall ht..= 21 Horizontal articulation i Vertical articulation Required Provided Delta Okay? Required', Provided ' Delta Okay? Max.wall length 63 , 43 -32%, Yes! 63 ' 38 -40% Yes 'Min. artic. offset 3 3 0%! Yes; 3 9 ' 200% Yes .Min. artic. length 11 16 45%, Yes': 10 ! 13 ; 30%'; Yes (__,Ot-ieht-facing: West Wall ht. = 21 Horizontal articulation Vertical articulation Required Provided Delta Okay?' Required Provided Delta! Okay? Max. wall length 63 _ 20 -68% Yes' 63 29 -54% Yes Min. artic. offset 3 3 0% Yes 3 3 0% Yes Min. artic. length 5 6 20% Yes 7 12 71% Yes l Building t o S — ---- — o ---- - -- —-- - -- -- -- -- - _ .. - ront- facing: Nrth— Wall ht. =--- 21 Horizontal articulation Vertical articulation Required Provided Delta_ Okay? _Required _Provided Delta Okay.? Max. wall length 63 50 -21% _ Yes 63 34 -46% Yes Min. artic. offset 3 3 0% Yes 3 4 33% Yes Min. artic. length 13 14 8% Yes 9 24 167% Yes Rear-facing South Wall ht. = 21 'Horizontal articulation Vertical articulation Required' Provided Delta' Okay? Required Provided Delta Okay? Max. wall length 63 63 0% Yes 631 34 -46% Yes !Min. artic. offset 31 3 0% Yes 31 4 33%' Yes !Min. artic. length I 17! 371 118%I Yes' 9 24 167%' Yes I Left-facing: West ;Wall ht. = 21 Horizontal afficulation j 'Vertical arti' lation Required; Provided Delta T Okay?! Required' Provided Delta Okay? Max. wall length 63 31 -51%! Yes 631 28 ! -56%' Yes Min. artic. offset 3 3 0% Yes 31 6 100% Yes !Min. artic. length 8 i 9 13% Yes; 7! 14 100%' Yes !Right-facing: iEast Wall ht. = 21 Horizontal adiculation !Vertical artiqulation Re uired j Provided Delta' Oka T Required Provided Delta Okay? Max. wall length 63 ! 31 j -51%' Yes 63 28 -56% Yes Min. artic. offset 3 3 0% Yes' 3 6 100%^ Yes 'Min. artic. length 8 9 13% Yes 7 14 100% Yes 2 `7 G - Building No 9 --- — eft-facing _ North Wall ht. = 15 Horizontal articulation Vertical articulation __ Required Provided Delta Okay? Required Provided Delta _Okay? Max. wall length 45 22 -51% Yes 45 22 -51% Yes Min. artic. offset 2 3 50% Yes 2 2 0% Yes Min. artic. length 6 18 200% Yes 6 18 200% Yes 'Right-facing ;South Wall ht.= 15 'Horizontal articulation Vertical articulation Required i Provided, Delta Okay? Required 7 Provided Delta Okay? Max.wall length 45 ' 25 -44%j Yes i 45 102 127% No. Min. artic. offset 2 ! 2' 0%' Yes! 21 6 200% Yes 'Min.artic. length 6 I 22 267% Yes; 11 18 64%' Yes ! I Front-facing !West Wall ht.= 21 Horizontal 40culation I !Vertical artiqulation Required; Provided Delta Okay?! Required Provided Delta Okay? 'Max.wall length 63 ' 431 -32% Yes! 63 53 -16%' Yes Min. artic. offset 3 3 0%i Yes: 3 6 100% Yes :Min. artic. length 11 20 i 82%i Yes' 13 13 0%' Yes Lea�r- cin East Wall ht.= 21 (Horizontal a>iculation ! 'Vertical articulation Required; Provided Delta: Okay? Required Provided Delta Okay? Max. wall length 63 39 ' -38%! 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Yt i 9i°-iiisi iiiE;<si1151fiiiiP 1 1 t-1 `_` , I I ;1 rr�Yltlljtl:Illllltlllrjj;`YirrrYYrPYrrrjlYYrreYY� i.ii iii i i 110M ii iiilii i lia illit i .I ( YYPPYrYYPyYi4rry�iiriirYPYPYfri:YPYYPYPYYYP;Pirt9PYi , ,��+ I I� � '�; :I l;j I I Ice ,i I I 7 I`1 F�ZiORGETOWN PARK PHASE N i w A P I !III I SOUTH[AKF TFAAS - 1 CNK ASSOCIATTS,INC. ff. r City of Southlake, Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 699, 2"d reading, adopting a cross-connection control policy BACKGROUND During the March 3, 1998 Regular City Council Meeting, the City Council approved the first reading of Ordinance No. 699, adopting a cross-connection control policy. This policy is required by the Texas Natural Resources Conservation Commission to protect public water systems from contamination. The greatest concern is cross- connection in an industrial or commercial building; hospitals or medical facilities; and schools. 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 proposed ordinance requires a Utility Operator from the Water Utilities Division to inspect facilities that pose a potential health hazard. These inspections are currently done as part of the Water Utility Division's customer service inspections. The ordinance also requires an annual test of backflow preventers. Council expressed concern over the potential cost imposed on businesses annually for such a test. The cost of testing the assemblies is approximately $150 per test. Upon installation or repair of a backflow assembly, the property owner will be required to conduct a test of a backflow preventer at his/her own cost. Section 5 of exhibit "A" states, "The City shall be responsible for the cost of all testing of backflow prevention assemblies required pursuant to this Ordinance, except the property owner or lessee shall be responsible for the cost of testing the backflow prevention assembly immediately after its installation." If the City is to conduct annual testing, it is recommended Council consider potential funding implications prior to the adoption of the ordinance. To provide this testing, approximately $5,000 will need to be provided in the FY 98-99 budget to hire a contractor. This estimate is based on $150 per test and approximately 33 tests in the first year. Also, the City is not able to have its own personnel conduct the annual testing 7H-1 of fire sprinkler systems. State regulations require that a certified inspector be employed by a backflow assembly installation company to test fire sprinkler systems. Section 29(f) provides lien procedures should the City incur costs repairing any cross- connection devices when the customer fails to do so. This is only in cases that it is determined the device presents an imminent and substantial danger to the environment; health or welfare of persons; or to the City's public water supply. It provides for an appeal of any liens to the City Manager. Section 31 provides an appeal process for any termination of service due to cross- connection issues. The ordinance allows customers to make appeals to the Building Board of Appeals (BBOA) if service is terminated by the Director or his representative. The other option would be for the customer to appeal to the City Council. The City Attorneys have provided a red-line/strikeout copy of the ordinance with the revisions. RECOMMENDATION Staff recommends Council approve Ordinance No. 699, 2"d reading, adopting a cross- connection control policy. Please place this item on the April 7, 1998 Regular City Council Agenda for review and consideration. B W/cre Attachment: Ordinance No. 699 7H-2 (boo,, ORDINANCE NO. 699 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 RESOURCE CONSERVATION COMMISSION AND THE PLUMBING CODE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; 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 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 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. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 1 H:\LIBRARY\Smthlake\ORDINANC\BackflowDnd2.REDLINE.wp 7H-3 r Coe SECTION 2. This ordinance shall be cumulative of all provisions of ordinance of the City of Southlake, Texas, except when 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. 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 Two Thousand Dollars ($2,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, and not more than Five Hundred Dollars ($500.00) for all other offenses. 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 (Moe CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 2 H:\LIBPARY\Southiake\OP.DINANC\BwkflowDnd2.PEDLINE.wp 7H-4 4 violations of the provisions of Ordinance No. 699 or any other ordinances affecting the prevention of backflow into the City's water system that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 3 H:U.IBRARY�Smthlake\ORDINANC1BwkflowDnd2.REDLINE.wp 7H-5 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 Cl CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 4 H:\LIBRARY\Southiake\ORDINANCOackflowDnd2.REDLM.wp 7H-6 Exhibit A 1. Definitions. a. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings given below: Approved backflow prevention assembly (or Backflow assembly or assembly). An assembly to counteract back pressure 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: The flow in the direction opposite to the normal flow; or the introduction of any foreign liquids, gases, or substances into the public water system. Backflow assembly: (See "Approved backflow prevention assembly"). Boresight. 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 that may be deleterious to the public health and/or the quality of the water. Cross connection: Any physical arrangement in which 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 that may be capable of imparting contamination to the public water system as a result of backflow. Cross connections include 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. DDC. Double detector check valve assembly. Degree o hazard. The low or high hazard classification that shall be attached to g f g CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 5 H:V.IBRARY'Southtake\.ORDfNANC1BwkflowDnd2.REDLINE.wp 7H-7 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 valve assembly or DC): An assembly that consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve 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 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, 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 who is a certified cross connection inspector employed by or under contract with the City. 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 that 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 CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 6 H:\LIBRARY\Southlake\ORDINANC\BackflowDnd2.REDLIKE.wp 7H-8 exists. 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. "Pollutant" 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, 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 that 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 that is potable. Premise isolation: The appropriate backflow prevention at the service connection between the public water system and the water user. Public water system: Public or privately owned system that 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 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 CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 7 H:\LIBRARY\Sooddake\ORDINANC,BxkHowDnd2.REDLINE.wp 7H-9 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. System: (See "Public water system") 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. Water supplied by a public water system to a water user's system after it has passed through the service connection. Wholesale customer: A utility customer of the City that 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. b. If a word or term used in this Ordinance is not defined, 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. 2. Drinking Water Facility Standards. The physical condition of any plant furnishing water to the public for human consumption in the City shall meet all drinking water standard requirements set by the United States Public Health Service, the Environmental Protection Agency, and the Commission. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 8 H:\LIBRARY%Southlake\ORDL4ANC1BackflowDnd2.REDLINE.wp 7H-10 3. Connection of Private Water Supply. a. A person eonunits an offense if the person eonneets a" well, tank, eistern or any other pri�v� water supply with the Gity's water supply systent withow written. of the Direeter. a. 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 City's Plumbing Code, as designated in this Ordinance. b. The Director shall not be required to supply water through a meter to a private supply that does not meet the standards of this Ordinance. 4. Nuisance. The discharge of a pollutant, polluted water, or a harmful quantity of any substance is hereby declared to be a health nuisance. Backflow entering or threatening to enter the public water supply from any premise is hereby declared to be a health nuisance. A backflow prevention assembly installed or maintained in City right-of-way in violation of this Ordinance or an order issued pursuant to this Ordinance is hereby declared to be a nuisance. 5. Cost of Compliance. The east of eomplying with these regelations shall be the responsibility of the property owners and their lessees. The City shall be responsible.for the'cost of all testing of backflow prevention assemblies required pursuant.to-this Ordinance, except4h- property owner or.lessee"shall be responsible for the"cost of testing the backflow preventton assembly:immediately after its installation or repair. The property owners-or their lessees'shall be responsible for all"other costs, including',but not limited.ao."4tese eosts inel de but are notot lirMfed to purchasing, 4atallafiou installing, testing, and repair o repairing the assembly,-4hese eosts shall also inelude including point-of-use and premise isolation assemblies. Any east ine by the Gity to entoree this Division is the responsibility of the property owners and their lessees-.- 6. Responsibilities of Owners and Lessees. a. Property owners and their lessees are responsible for abiding by the conditions of this Ordinance. If changes are made to a premise's plumbing system, the property owner shall notify the Director. b. The owner of leased premises is responsible for the installation, testingcompiying with this Ordinance, unless the owner and repair of all baekffow assemblies onlessee agree in writing that the lessee is,responsible, in which case, the owner must immediately forward a copy of such agreement to the prenrisesCity. When the lessee changes, the owner shall immediately notify the City. c. In addition to other reponsibilities listed in this ordinance, property owner I,;or lessee is specifically responsible for testing immediately,after installation and/or repairs. (Mve CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 9 H:IUBRARY\Southlake\ORDINANC\BazkflowDnd2.REDLINE.wp 7H-11 7. Backflow Prevention Assembly Requirements. a. An 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 water service area. b. At a minimum, the City shall require a backflow prevention assembly in each of the following circumstances: (1) When the nature and extent of any activity at a premise, the materials used in connection with any activity at a premise, or materials stored at a premise could contaminate or pollute the potable water supply. (2) When a premise has one or more cross connections. (3) When internal cross connections are present that are not correctable. (4) When intricate plumbing arrangements are present that make it impractical to ascertain whether cross connections exist. (5) When a premise has a repeated history of cross connections being established or reestablished. (6) When entry to a premise is unduly restricted so that the Inspector cannot make inspections for cross connections with sufficient frequency to assure that cross connections do not exist. (7) When materials are being used such that, if backflow should occur, a health hazard could result. (8) When an Inspector deems installation of an approved backflow prevention assembly necessary to accomplish the purpose of this Ordinance. (9) When an appropriate cross connection survey report form has not been filed with the Director. (10) When a fire sprinkler system using non-potable piping material is connected to the City's water system. (11) In all new nonresidential construction at the service connection, for which the Inspector shall determine the type of the assembly commensurate with the degree of hazard. (12) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 10 H:\LBRARY\So lake\ORDINANCglackflowDnd2.REDLINE.wp 7H-12 connection to provide protection of the public water supply in the event of the most hazardous use of the building. (13) 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 the City can perform testing, repair, and maintenance. (14) Any used water return system that has received approval from the Director. (15) If a point-of-use assembly has not been tested or repaired as required by this Division, a premise isolation assembly shall be required. (16) 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. (17) All multistory buildings or any building with a booster pump or elevated storage tank. (18) Retrofitting shall be required on all high hazard connections and wherever else the Director deems retrofitting necessary. C. Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall have a backflow assembly at 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. 8. 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. 9. 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 this Ordinance and the Plumbing Code, the more restrictive provision shall apply. 10. Installation Requirements. Backflow prevention assemblies shall be installed in accordance with the Plumbing Code and this Ordinance and shall meet the following requirements, to ensure their proper operation and accessibility: CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE I I H:\LIBRARY\Southlake\ORDINANC\BackflowDnd2.REDLINE.wp 7H-13 Y a. The assembly installer shall obtain the required plumbing permits prior to installation as required by the Plumbing Code and shall have the assembly inspected by a certified cross connection inspector. 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 point of delivery 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 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 inches and smaller shall have at least a six inch clearance on all sides of the assembly. 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, except legal holidays. i. If an assembly is installed pursuant to this section 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. An approved air gap shall be located at the relief valve orifice of reduced pressure principle backflow prevention 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. k. Upon completion of installation, the property owner shall notify the Director that the assembly has been inspected and shall submit a copy 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 initial test report. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 12 H:V.IBRARY�Sowhlakc%ORDINANC%BackflowDnd2.REDLINE.wp 7H-14 1. RP assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a boresight 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. 11. Testing of Assemblies. a: The property owner or his/her lessee shall have the backflow.preyenhonyassembly tested by a certified°and approved Tesler Ymmediately'after hstaIlahon or repair and shall submit the written results tothe City withiiu'10 days:' b. The Director shall inspeet-and—test; or cause to be inspeedQ tested; all assemblies in each of the following circumstances: (1) 4mediately after imtallatiett-, (1) immediately after the assembly is moved; (2) a minimum of once a year for all double check valve assemblies and pressure vacuum breakers; (3) every six months for any premise that has a reduced pressure principle backflow prevention assembly as point-of-use protection without high hazard premise isolation protection; (4) every six months for any premise that has a reduced pressure principle backflow prevention assembly as premise isolation without high-hazard point-of-use protection; and (5) ftmediately after repair. C. The Director may deem it necessary to impeet test assemblies more frequently than proscribed in subsection (ab) above. d. A Tester shall perform all assembly testing in accordance with City-approved test procedures. 4. The property owner or the onfrol of dte premises is respensibie having all assemblies tpQtlad e. The City shall not be liable for damage to an assembly that occurs during testing when damage results from metal fatigue or deteriorated metal or when damage occurs under standard testing procedures. 12. Maintenance of Assemblies. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 13 H:UdBRARY1Southlake\ORDINANCU3=kflowDnd2.REDLINE.wp 7H-15 a. A person who awns, operates, or nmmges prentises The= Lbj er ov n2 �f premises in which required backflow prevention assemblies are installed;ora�thir �� r. _v if the property owner enters "and,files an agreement as described by Section 6, shall �.w r maintain the assemblies in proper working order at all times, including repair as required. If a°"Tester finds a needed repair, the property owner(or third„party) shallm ke thereair at"his/her solo cost'and expense within a reasonable amount of time as deti—iermu ed�', Director :and ,in amanner "approved by the Director. All maintenance and repair of assemblies shall be done in accordance with all applicable regulations, including this Ordinance. b. 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. 13. Thermal Expansion. The property owner is responsible for eliminating the possibility of thermal expansion, if a closed system has been created by the installation of a backflow assembly. 14. Pressure Loss. The City shall not be responsible for any water pressure drop caused by the installation of a backflow assembly. 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. 15. Mobile Units. a. 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. b. The failure of the owner or operator of the vehicle to comply with this Ordinance shall be grounds for the City to revoke any permit or license required under the Southlake Code to operate the vehicle or the business for which such vehicle is used. C. The Director may deny a use permit to any person who is not in compliance with this Ordinance or who has a history of violating the requirements of this Ordinance. 16. 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 backflow prevention assembly or air gap at the interconnect. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 14 H:\LIBRARYISouthlake\ORDINANC\BxkHowDnd2.REDLINE.wp 7H-16 17. Right-of-Way Encroachment. a. No person shall install or maintain a backflow prevention assembly upon or within any City right-of-way except as provided by this Ordinance. b. No encroachment agreement will be necessary, but all other permits required by the Southlake Code to perform work in the right-of-way shall be obtained. C. A backflow prevention assembly required by this Ordinance may be installed upeaon or within any City right-of-way only if the owner proves to the City that no other feasible location exists 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. d. 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. e. 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. 18. Backflow Prevention Assembly Testers. a. All Testers operating within the City shall be certified in accordance with all applicable regulations of this State and this Ordinance. No person shall operate as a Tester within the City without being certified. b. At the time of certification or recertification, and at any time the Director requests, each person certified as a Tester shall furnish evidence to show that he/she is insured and bonded to perform services on private property, has all current licenses required by the State of Texas and the City to perform the contemplated services, and is registered with the City. C. Persom e-mire-' as Tester Each Tester who applies for,registration shall meet the following requirements: (1) Has a high school diploma, or equivalent; (2) Has attended a backflow assembly tester certification training course and/or holds a current certification accepted by the Commission, has attended a refresher course, and meets all other requirements of the.State and this CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 15 H:ALIBRARY\Southlake\ORDINANC\BxkflowDnd2.REDLM.wp 7H-17 Ordinance; - f (3) Has successfully passed a written and a hands-on proficiency cienc y examination that meets state requirements; (4) 1; registerekHas successfully completed "Permit Confined,Space Entry Training" as'specified by the EifyFederal Occupational Safety and,Health Agency at 29"C.F.R. 1910.146; at all tffnes; (5) Maintains general commercial liability insurance and automobile liability insurance with the following minimum limits: $250,000.00 per person, $500,000.00 per accident for bodily injury and $100,000.00 per accident for property damage, or $500,000.00 per accident if combined; (6) Provides evidence "to the.Director Ito establish that the applicant has available the-necessary Itools and equipment to properly test backflow prevention assemblies;and (7) Identifies alL test gauges the applicant will use in testing backflow prevention assemblies.: 19. Certified Backflow Prevention Assembly Tester Responsibilities. r a. No certified backflow assembly tester shall operate within the City without first registering with the Director. b. A registration shall remain in effect provided: (1) The Tester maintains eligibility for registration and certification; and (2) Registration is not revoked by the Director. C. 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. d. A Tester shall: (1) File the serial number of each of his/her test kits and certification with the Director; (2) Annually have each recorded test kit tested for accuracy and calibrated to maintain a 2% accuracy factor; (3) Perform competent and accurate certifications of each backflow prevention CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 16 H:\LIBRARY\Southlake\ORDQJANC\BackflowDnd2.REDLINE.wp 7H-18 assembly he or she tests and submit complete reports to the Director; (4) List registered serial numbers of test gauges on tests and maintenance reports prior to submitting them to the Director and; (5) Not change the design or operation characteristics of a backflow prevention assembly. e. The Director may revoke a Tester's certification if the Director determines that the Tester: (1) has made false, incomplete, or inaccurate assembly testing reports; (2) has used inaccurate gauges; (3) has used improper testing procedures; (4) has expired insurance; (5) is not in compliance with safety regulations; (6) has failed to register the serial numbers of his/her test kits or failed to calibrate gauges annually; or (7) has violated any other provision of this Ordinance. 20. Reduced Pressure Principle Backflow Prevention Assembly ("RP"). a. RPs 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. b. RPs shall be sized to provide an adequate supply of water and pressure for the premises being served. Since flow characteristics are not standard, installers shall consult manufacturer's specifications for specific performance data. C. 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. d. Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 17 H:UdBRARYSmthlake\ORDC4ANCIBackflowDnd2.REDLINE.wp 7H-19 e. RPs shall be installed as follows: (1) 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 shall not control flow in a continuous relief situation. Drain lines to accommodate full relief valve discharge flow should be considered. (2) RPs are typically installed above grade in well drained areas, but may be installed below grade if an adequate drain to daylight is provided. (3) 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 assembly. (4) All assemblies larger than two (2) inches shall have a minimum of twelve (12) inches on the backside, 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 ,r required on all vault lids. See Standard Detail Sheets 3 and 4. (5) Assemblies installed more than five (5) feet above floor level must have a suitable platform for use by testing or maintenance personnel. f. The assembly must be protected from freezing and other severe weather conditions. g. Vertical installation is prohibited. h. Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. i. The property owner assumes all responsibility for leaks and damage. The owner shall ensure that the vault is kept reasonably free of silt and debris. j. All RPs shall be tested in accordance with this Ordinance. Any premise that has RPs that are point-of-use protection without high hazard premise isolation protection shall be tested every six months. Any premise that has RPs as premise isolation without high hazard point-of-use protection assembly shall be tested every six months. The owner is responsible for testing the initial test upon installation or repair and the City is responsible for:all subsequent tests. The owner shall notify the Director upon installation of any backflow prevention assembly. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 18 H:\LBRARY\Southlake\ORDINANC\BackflowDnd2.REDLINE.wp 7H-20 k. Variances from these specifications will be evaluated on a case-by-case basis. Any deviations shall be prohibited without the Director's prior written approval. 21. Double Check Valve Backflow Prevention Assembly ("DC"). a. DCs 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. b. DCs shall be sized to provide an adequate supply of water and pressure for the premises being served. Since flow characteristics are not standard, installers shall consult manufacturer's specifications for specific performance data. C. 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. d. Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. e. DCs shall be installed as follows: (1) The assembly shall be readily accessible with adequate room for testing maintenance. DCs may be installed below grade, as long as 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. (2) 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 assembly shall be not more than twenty-four (24) inches below grade. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the 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 and 2. (3) Assemblies installed more than five (5) feet above floor level shall have a suitable platform for use by testing or maintenance personnel. f. Vertical installations are allowed on sizes up to and including four (4) inches that meet the following requirements: CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 19 H:\LIBRARYkSouthiakc\ORDINANC\BackflowDnd2.P.EDLfNE.wp 7H-21 i t (1) Internally spring-loaded check valves; (2) Flow is upward through assembly; (3) Manufacturer states that the assembly can be used in a vertical position; and (4) The Director gives written approval. g. The assembly shall be protected from freezing and other severe weather conditions. h. Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. i. The property owner assumes all responsibility for foundation or basement wall penetration, leaks, and damage. The owner shall ensure that the vault is kept reasonably free of silt and debris. j. All DCs shall be tested in accordance with this Ordinance. The Rsseffiblrowner is responsible for the initial test upon installation or repair and the,City is responsible for all subsequent tests. The owner shall notify the Director of installation of any backflow prevention assembly. k. Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without the Director's prior written approval. 22. Double Detector Check Valve Assembly ("DDC"). DDCs 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 Sheet 5. 23. Pressure Vacuum Breaker ("PVB"). a. PVBs may be utilized only at point-of-use protection where substance 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 potential exists for backpressure. b. 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. C. PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 20 H:\LIBRARY\Southlake\ORDINANC\Backflow Dnd2.REDLINE.wp 7H-22 d. The assembly shall be protected from freezing. e. The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. f. PVBs shall be located between twelve (12) inches and sixty (60) inches above ground level. g. A strainer with blowout tapping may be required ahead of the assembly. h. All PVBs shall be tested in compliance with this Ordinance. The assei `owner is responsible for the initial test upon installation or repair and the City is responsible for all subsequent tests. The owner shall notify the Director of installation of any backflow prevention assembly. i. Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without the Director's prior written approval. 24. Atmospheric Vacuum Breaker("AVB"). a. AVBs provide minimal protection and are approved for very low hazard application only. AVBs protect against backsiphonage, only, and are prohibited where there is potential for backpressure. b. The assembly shall be installed a minimum of six (6) inches above the highest use outlet or overflow level downstream from the assembly. See Standard Detail Sheet 7. C. Shutoff valves downstream from the assembly are prohibited. d. AVBs shall be allowed only for those applications where there is less than twelve (12) hours per day of continuous use. e. AVBs shall not be installed in an area subject to flooding or where damage may occur from water discharge. f. AVBs shall be allowed for point-of-use protection only in accordance with the Plumbing Code. The Director does not recognize AVBs as adequate protection and may require additional protection. 25. Air Gap Separation. a. 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. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 21 H:\LIBRARY'Smthlakt\ORDINANMackflowDmU.REDLINE.wp 7H-23 t t b. An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the rob rim of the receiving vessel - in no case less than (1) inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45° angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed. See Standard Detail Sheet 8. C. 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. d. 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 wall, or a distance greater than four times the effective opening for two intersecting walls. e. 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 subOrdinance (y)(4), above, the air gap shall be measured from the top of the wall. f. The effective opening shall be the minimum cross-sectional area at the seat of the control valve, the supply pipe, or the tubing that 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 single outlet, whichever is smaller. 26. 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 flowthrough during each twenty-four (24) hour period, unless the Director has issued a variance in writing. An RP shall be installed if any solution other than the potable water can be introduced into the sprinkler system. 27. Offense. A person commits an offense if the person: a. knowingly installs or maintains backflow prevention assemblies or air gaps in violation of this subdivision; b. owns or is in control of any premises and knowingly fails to install and maintain backflow prevention assemblies on said premises as required by this Ordinance; C. owns or is in control of any premises and knowingly.;fails or refuses to cause or allow backflow prevention assemblies to be tested as>equired by thus Ordinance; d. owns, operates, or manages any premises and backflow from the premises enters the public water supply system; CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 22 H:\LIBRARY\Southiakc\ORDINANC\BwkflowDrid2.REDLINE.wp 7H-24 e. installs a backflow prevention assembly in violation of this Ordinance f. fails to notify the Director to inspect a backflow prevention assembly after its installation as required by this Ordinance; g, fails to register a backflow prevention assembly as required by this Ordinance—;: h. knowingly tails to maintain backflow prevention assemblies in compliance with this Ordinance; i. knowingly fails to comply with a repair order issued by the Director; j. operates or causes to be operated a vehicle in violation of this Section; (15); k knowingly fails to ustall"a RP:in accordanceywith Section.(28 after receiving notice from;the Director; 1. fails to relocate a backflow prevention assembly located in or on any City right-of- way after receiving a written order from the City to do so; M. knowingly operates as a Tester within the City without a valid State certification issued from the Biree or without being registered:111'1with,the City; or n. reinstates water service to premises suspended pursuant to this Ordinance without the prior approval of the Director. 28. Access to Premises. a. Every person to whom the City directly or indirectly provides water service shall, during the hours of 8:00 a.m. through 4:30 p.m., permit the Director to enter their premises and buildings for the purpose of inspecting pipes, fixtures, and the manner in which they are using water to determine whether they are in compliance with this Ordinance. b. If any water user refuses to allow an Inspector access to inspect a premise during the times listed above, the water user shall install an RP at the service connection to that premise. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 23 H:\LIBRARY\Southiake\ORDINANC\BackflowDnd2.REDLINE.wp 7H-25 C. The water user shall promptly remove and�e,,.,r emoved any temporary or permanent obstruction to an Inspector's safe and easy access to the premise upon the Director's written or verbal request. The water user shall pay all costs of clearing such obstruction. 29. Emergency Termination of Water Supply. a. 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: (1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or (2) presents or may present imminent and substantial danger to the City's public water supply. b. As soon as practicable after the suspension of service, the Director shall notify the owner or 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 should notify the owner or person in charge prior to suspending water service. c. If the persons fails to comply with an order issued under subsection(29)(b), above, the Director may take such steps as the Director deems necessary to prevent or minimize damage e to the public water supply or to persons. g d. ee— mg to the serviee. e. A person whose service has been suspended may appeal such enforcement action pursuant toSection 31 of this Ordinance. f. The City may obtain a lien against the property to recover its response, abatement, and remediation costs through the following procedure:: (1) The City -shall mail to the owner:of-the premises a notice that,shall; include identification of the property, description=of the violatilom, a statement that the city abated the violation;,a statement of the city's PAGE 24 CROSS CONNECTION CONTROL POLICY ORDINANCE H:\LIBRARY�Southlake\ORDINANC\BxkFlowDnd2.REDLINE.wp 7H-26 charges and expenses in abating the violation, an explanation to the roe owner's-right to r0 est=a g hearin within IE da s of e P �p rtY:. .g, � y date of the notice,_,,and a statement that"if'"the owner fails of rem to pay the expense,within 30 days after receiving the notice, the Nta or his designee shall",obtain a lien against theproperty by filing with county clerk- h the county in which the property is located a()iot c lien and statement of expenses inured. (2) The City Manger shall conduct,a hearing if the property.owner submits a written request within 10 days after"th property'owner receives the notice. The City Manager may'-find, based on.a preponderance of the evidence presented that the charges are.erroneous; (3) If the property owner does nto requiest a;hearing or if the City Man"- holds a hearing and finds the charge tb be valid, and the owner fail.; refuses to pay the;expense within 30 days after receiving�fhe ofi Mayor or his:designee shall obtain a lien against the propertybylin y h the county-clerk a notice of lien and statement of expensesguicurred: (4) The lien is security for the expenditures made and interest accidW0 at the rate of 10% per annum from the date of payment by_.the City (5) When the statement is filed, the City shall have a privileged lien on°that; property, second only to tax liens and liens for street improvements (6) The City may institute suit to recover the expenditures with interes'tand: may foreclose on the property. The,original or a certified op*,-, statement fo expenses is prima facie proof of the expenses incurred; by the City in doing the work. g. The remedies provided by this Ordinance are in addition to any other remedies set out in this Ordinance. Exercise of any remedy in this Ordinance shall not be a bar against nor a prerequisite for taking other action against a violator. 30. Non-Emergency Termination of Water Supply. a. The Director may terminate the City-provided water supply of any water user who violates any of the following conditions: (1) refusing the Director or Inspector reasonable access to the water user's premises for the purpose of inspection; CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 25 H:U.IBRARY'Southlake\ORDINANC�BackflowDnd2.REDLINE.wp 7H-27 (2) hindering or denying the Director or I Inspector access to backflow prevention assemblies; (3) failing to install and maintain backflow prevention assemblies in accordance with this Ordinance; or (4) failing to install, maintain, and operate piping and plumbing systems in accordance with the Plumbing Code. b. The Director shall 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 31 of this Ordinance. C. Exercise of this enforcement option by the Director shall not be a bar against nor a prerequisite for taking any other action against the water user. proof, r and ..te 31 Appeal of Termination of Water Supply (a) A person whose water service has been suspended pursuant to this O rdmance may appeal such enfocement action to the Building Board ofAPpeals by filing a wntten request for an appeal with the Board with__# (lf)ydays aft ei 4he terminat on of the water supply. The written request,shahgsgecfically state the waterguse>cs grounds for appealing. The Board shall hold"a formal hearing within a reasonable time after receiving the request fr an 'appeal,and will consider testimony and/or written evidence. The Board's decision is final. A majority vote fo the Board required to make a decision. (b) If the Director terminated a user's watei service",pursuant to .Sections ,29 or 30 of this Ordinance;the water service shall remain terminated"dutwg the pendency of the appeal unless the user makes a written requestFto:the Director;specfically' stating the reasons that the water servvice should be reinstated;' The Director may; in his sole discretion, order that the water service be reinstated if the Director`finds- (1) good cause for reinstatement; (2) that reinstating the water supply will ,not present an'.imminent and substantial danger to, the environment, 'the-health;:or welfare of persons, or the City's public water supply; and (3) that reinstating the water supply .will not delay compliance with the Director's order. CROSS CONNECTION CONTROL POLICY ORDINANCE PAGE 26 H:LIBRARY\Southlake,ORDINANC\BxkFlowDnd2.REDL ME.wp 7H-28 • ,si (aloe O O o 4-.1n. ?OP VIE'r+ crow 10 --TShutoff ^ Test cocks Valves Unions ( ooI•o.i. C. 4` min. I Gravel Ilz- .in. 6Jo 00 2 � 0 0 O DOUBLE CHECK VALVE SMALL ASSEMBLY Standard Detail No. 1 NOTES: 1) ADEQUATE SPACE MUST BE ALLOWED FOR TESTING AND MAINTENANCE. 2) AREA AROUND ASSEMBLY MUST DRAIN WELL 3) TEST COCKS MUST BE EQUIPPED WITH BRASS PIPE FITTINGS. 4) "Y"PATTERN ASSEMBLIES MUST BE INSTALLED SO THAT THE TEST COCKS ARE POINTED UP(SEE DRAWING ABOVE). 5) THOROUGHLY FLUSH THE LINES PRIOR TO INSTALLATION OF THE ASSEMBLY. 6) STRAINERS MAY BE REQUIRED. 7H-29 l Y XXX ---------- t' •!A. T.at al.) t•alA, 12'alA, icc... peer C re./N Lv.l 1' ■l w. .A.A valve 14 tally ay.a T f .. 1 V4 ,0et._ Ira • s�roert tl' In DOUBLE CHECK VALVE LARGE ASSEMBLY Standard Detail No. 2 NOTES: 1) LARGE ASSEMBLIES ARE THOSE THAT ARE 2 1/2"AND LARGER. 2) INSTALLATIONS REQUIRE THE USE OF BRASS PLUGS IN ALL TEST POINTS. 3) THE INSTALLATION ON THE SUPPLY LINE(AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. 7H-30 Y . yam.=+�'is�•"�f (also, 1'MIN. ENcLosum warm REMOVAet.E COVER 3"w CL ORAIN TO 12 MIN. OA LIC 4T OPO.' O Q( O OQ n �•QQ II REDUCED PRESSURE PRINCIPAL SMALL ASSEMBLY Standard Detail No. 3 NOTES: 1) ASSEMBLY MUST BE PROTECTED FROM FREEZING. 2) REMOVABLE INSULATED COVERS CAN BE USED. 3) ENCLOSURES SHALL BE IN AN AREA NOT SUBJECT TO FLOODING. 4) THE INSTALLATION ON THE SUPPLY LINE(AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. rr 7H-31 t Coe C T••t Caet• (4 ca-1.l ll•alw. �11a11•f ♦•1.• 1ta+U• 11••t of 1w 414tlaw • 20P VIT..wlcx • Aca•. I• S1a. vA•e valve to /ally pan Shuts(( _ v•l�•• (1 r.•Q.l !1•.In. Or•ln�. Sup�•e r t Sj jDE VIDE VIA REDUCED PRESSURE PRINCIPLE LARGE ASSEMBLY Standard Detail No. 4 NOTES: 1) LARGE ASSEMBLIES ARE THOSE THAT ARE 2 1/2"AND LARGER. 2) ASSEMBLY SHALL NOT BE SUBJECT TO FLOODING. 3) DRAIN LINES SHALL BE SIZED TO ACCOMOOATE FULL RELIEF VALVE DISCHARGE FLOW. 4) REDUCED PRESSURE BACKFLOW ASSEMBLIES ARE TYPICALLY INSTALLED ABOVE GRADE IN WELL DRAINING AREAS, BUT MAY BE INSTALLED BELOW GRADE IF AN ADEQUATE DRAIN TO DAYLIGHT IS PROVIDED. 5) THE INSTALLATION ON THE SUPPLY LINE(AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. 7H-32 OOUSLECHECX VALVE ASSEM SLY(APPROVEO) !2 MIN. I 124" FRO1,! TEST I Rom SUP ' I -� -- GALL VALVE I I FIRE SERVICE I I 0 O O e FLOW _I ( i 1 RESETTER SUPPLIED 8Y CON TRACTOR 3 MIN, 3 FLANGED 3' MIN,MIN 0:S;81P, PIPELINE TYP.) GATE VALVES J� SUPPLY r r.......�C FLOW 12 MIN FLANGEO COUPLING ADAPTER (TYP,) DOUBLE DETECTOR CHECK Standard Detail No. 5 NOTES: 1) BRASS PLUGS TO BE INSTALLED IN ALL TEST COCKS. 2) IF DOMESTIC SERVICE IS INSTALLED OFF THE FIRE SERVICE,A SECOND GATE VALVE MUST BE INSTALLED OUTSIDE THE VAULT. JOINT RESTRAINT MUST BE PROVIDED BETWEEN THIS VALVE AND THE MAIN. 3) STRAINER MAY BE REQUIRED. 7H-33 i t r - L a TIET SEE NOTE 3 o • r O FLOW PRESSURE VACUUM BREAKER NOTES: Standard Detail No. 6 , 1) DOWNSTREAM CONTROL VALVES OR SHUTOFFS ARE ALLOWED. 2) INSTALL ASSEMBLY AT NO MORE THAN 60"ABOVE GROUND LEVEL. 3) INSTALL ASSEMBLY AT LEAST 12"ABOVE HIGHEST USE OUTLET. 4) NO PUMPS OR BACKPRESSURE SOURCE ALLOWED. 5) NO CHEMICAL ADDITION INTO SYSTEM ALLOWED. 6) PRESSURE VACUUM BREAKERS MUST BE TESTED BY A CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER UPON INSTALLATION AND ANNUALLY THEREAFTER;ALSO WHEN MOVED OR REPAIRED. 7H-34 M. SEE ROTE Z SEE NOTE 3 (IIIJ . I11111 , o a FLOW ---- _ o 0 o -y' • � O ATMOSPHERIC VACUUM BREAKER Standard Detail No. 7 NOTES: 1) NO CONTROL VALVES OR SHUTOFFS ALLOWED DOWNSTREAM. 2) INSTALL ASSEMBLY AT NO MORE THAN 60"ABOVE GROUND LEVEL. 3) INSTALL ASSEMBLY AT LEAST 6"ABOVE HIGHEST DOWNSTREAM USE PIPING. 4) NO PUMPS OR BACKPRESSURE SOURCE ALLOWED. 5) NO CHEMICAL ADDITION INTO SYSTEM ALLOWED. •-r 7H-35 Y 0. Potable Water Supply Overflow Rim Air Cap To Non-Potable Overflow 2XD - 1" Minimum Water System Pipe --------- ==- Ptiu'p AIR GAP SEPARATION Standard Detail No. 8 NOTES: 1) PROVIDES MAXIMUM PROTECTION. 2) THE VERTICAL,PHYSICAL SEPARATIONS MUST BE AT LEAST TWICE THE DIAMETER OF THE INLET PIPE BUT NEVER LESS THAN ONE INCH. 7H-36 City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 98-26, Approving and Authorizing Publication of Notice of Intent to Issue Certificates of Obligation, Series 1998 The 1997-98 adopted budget approved a capital projects component that details water, sewer, street and drainage projects. The capital projects approved for the 1997-98 year totals $12,991,822 and the adopted General Fund budget provides for $715,547 in certificates of obligation for equipment, for a grand total of$13,707,369. The City's financial advisor, First Southwest Company, has recommended that the maximum amount in this Resolution be set at $14,000,000 to cover the projects and issuance costs. Once this process is set in motion for issuing the certificates, the City may issue less than this amount, but cannot exceed it. The City must issue certificates of obligations for these projects because they are more than the City can fund in one year from current operations or other sources of funds. There are a number of large water and sewer infrastructure projects in the budget that will provide and improve service throughout the City. The budget also includes improvements to neighborhood streets, drainage, and continuation of the neighborhood sewer program. Part of the certificates, $4.26 million, is for street and drainage projects and for purchase of equipment. This $4.26 million will be repaid through the City's ad valorem tax rate. Issuance of these certificates of obligation will not affect the current FY1997-98 tax rate nor will it affect the City Council's ability to maintain the tax rate at its current level in preparing the FY1998-99 budget. Approximately $6.04 million is for projects that are part of the City's Impact Fee Study, and the annual debt service for this portion of the certificates will be repaid through collected impact fees. There is $3.41 million in water and sewer neighborhood projects, which will be repaid through the City's Utility Fund. The remainder, $291,000, will be used for issuance costs as necessary, with any excess remaining after all costs have been paid to be allocated to the projects. g po (QSW Curtis E. Hawk April 3, 1998 Resolution No. 98-26 page 2 Attached is a copy of the Proposed Schedule of Events prepared by First Southwest Company. Ratings presentations will be held here in May to discuss the City's current fiscal condition and prospective commercial and residential development with Moody's Investors Service and Standard and Poor's. It is not anticipated that the City will receive a ratings upgrade, since the City was upgraded in February 1997 by both rating agencies. The ratings presentations are more to update the agencies on where the City is financially and the projected developments anticipated in the near future. The first reading of the ordinance to approve issuance of the certificates is scheduled for April 21, and the second reading is set for May 19. The City will receive proceeds around June 23. Please place Resolution 98-26 on the April 7, 1998 agenda for consideration. Approval of the Resolution will authorize the City Secretary to publish the City's notice of intent to issue certificates of obligation on April 9 and 16. LAH —1 - r. RESOLUTION NO. 98 - 26 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A. , Local Government Code, Subchapter C of Chapter 271 (the "Act" ) , for the purposes of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including the acquisition of land and rights- of-way therefor and drainage incidental thereto and for traffic signalization, (iii) storm sewer drainage improvements, (b) the purchase of materials, supplies, equipment and machinery (furniture, computer hardware and software, vehicles, communication equipment, mowers, etc . ) for city facilities and departments, including the city hall, the public works department, the parks and recreation department and the public safety department, and (c) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : SECTION 1 : The City Secretary is hereby authorized and directed to cause notice to be published of the Council' s intention to issue certificates of obligation during a meeting scheduled to begin at 7 : 00 P.M. on the 19th day of May, 1998, which certificates of obligation shall be issued in a principal amount not to exceed $14, 000, 000 for the purposes of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including the acquisition of land and rights-of-way therefor and drainage incidental thereto and for traffic signalization, (iii) storm sewer drainage improvements, (b) the purchase of materials, supplies, equipment and machinery (furniture, computer hardware and software, vehicles, communication equipment, mowers, etc. ) for city facilities and departments, including the city hall, the public works department, the parks and recreation department and the public safety department, and (c) professional services rendered in relation to such projects and the financing thereof . Such certificates of obligation shall payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City, s combined Waterworks and Sewer System. The notice hereby 050=e _t A "'t approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2 : The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the second reading and final adoption of the ordinance authorizing the issuance of the certificates- of obligation. PASSED AND ADOPTED, this April 7, 1998 . ATTEST: Mayor, City of Southlake, Texas City Secretary, City of Southlake, Texas (City Seal) 0509306 -2- qa -� EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SOUTHI TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Southlake, Texas, shall convene at 7 : 00 o' clock P.M. on the 19th day of May, 1998, at its regular meeting place in the City Hall, 667 N. Carroll Avenue, Southlake, Texas, and, during such meeting, the City Council will consider the second reading and final adoption of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $14, 000, 000 for the purposes of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including the acquisition of land and rights-of-way therefor and drainage incidental thereto and for traffic signalization, (iii) storm sewer drainage improvements, (b) the purchase of materials, supplies, equipment and machinery (furniture, computer hardware and software, vehicles, communication equipment, mowers, etc. ) for city facilities and departments, including the city hall, the public works department, the parks and recreation department and the public safety department, and (c) professional services rendered in relation to such projects and the financing thereof. Such certificates shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City' s combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A. , Local Government Code, Subchapter C of Chapter 271 . Sandra LeGrand City Secretary, City of Southlake, Texas 9 -5 . T 'MNT BY: 3- 2-90 : 5:14PV $17 488 6M:i 2/ 2 CW of Soathlelce,Tgxw 1997n998 Capital hnprov Program Cer fflcates of Obligation, Series 1998 Pcnensed Schedule of Events 8 M T W T F 9 3 M T W T F a S M T W T F y 1 2 S 4 1 2 1 2 S 4 i 0 5 6 7 t 9 10 11 3 4 5 0 7 0 9 7 9 70 11 12 13 12 18 14 15 16 17 10 10 11 12 13 14 15 16 14;15 10 11 10 19 20 19 31 24 M 29124 26 17 lA 19 20 21 22 2S 21 21 13 24 25 2a 2T ZO 27 U 30 1t4 Zi Zs 2T Zd ZO SO Za 29 lD 31 Cospletim lair 7-A pr-98 Tuesday R 3c udw to Antbm c Nudec of intent to imx:CatiQcato of()hmgWoL 9-Apr-98' Tb►asday 1st Puhlicatirm of Notice of Int=to law Catifcatm of Obligation 16-Apr-98 Thursday lad Publication Native of Incest to Isme Cerdt3eates of ObUgadon 21-Apr-98 Tuesday council passel I st Iuading of Ordiaaaa;anthodaing Luna=of Certificate of ObHpdan 1 S-May-98 E3iday Recel"Bond ratings,and inSR &=qualit3c2t10ns and bids 19-May-98 Tuway 2nd reading of Ordinance authc riring issnancs of C tficatet of Ohtigation GSty CouadL price Ordinance and Bond Purchm Agtetaleat.gncd (S weeb) Attortuy General reviews and alppmm traoeacdon 23-Jun-96 'V;vday Closing-Dever Cnthicases of Oftation to Putchasa and City receives fumda City of Southlake, Texas ME 'IORANDU �1 April 3, 1998 TO: Shana K. Yelverton. Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Sign variance appeal for the Bank of Commerce, the Village at Timarron, j 1100 East Southlake Boulevard. I i Mr. Van Miller, on behalf of the Bank of Commerce, has applied for a variance to allow an additional sign on the west elevation of their bank building under construction at the referenced site. The sign ordinance permits one attached sign facing E. Southlake Blvd. The ordinance allows a sign on the building up to 112 square feet. The proposal is to place a 36 `/2 sq. ft. sign on each of two sides of the building. It should be noted that if the developer had chosen to plat this center as one lot this sign would be permitted, however, the corner identified as building 5 is a separate lot. Permits have already been issued for the front sign and a small 18 sq. ft. monument sign to be placed along E. Southlake Blvd. (WWI The applicant has requested this item be placed on the April 7, 1998 City Council Agenda. Mr. Van Miller of Bank of Commerce and Mr. Ron Owens of Lone Star Sign Company will be present to address any questions Council might have. BC.bls Attachments: Sign Variance Application Sign Drawings Site Plan i i i 10A-1 Iznted Channel Letters SIGN COMPANY •Painted Signs Li;hted Box Sins • Real Estate Sinn' The One Stop Sign Shop" • Lighted Pole Sins •Development Si Neon Serving The Entire �ietroplex • Banners • N(agnetic Vehicle Sins # 108 HILL STREET •Lettering -n FELLER,TEXAS 76248 (817)431-0150• FAX (817)379-6587 March 23, 1998 City of Southlake 667 North Carroll Ave. Southlake, Tx. 76092 To The Honorable Members of the City Council On behalf of the Bank of Commerce, we respectfully request your consideration on the attached variance for an additional sign on the west elevation of their new building at 641 E. Southlake Blvd. Please see the attached Demonstration of Conditions as they apply to our request along with the drawings of the existing and the proposed additional sign elevations and site plan plan of the property. In addition we would like to make you aware that if the variance is approved the additional sign combined with the current sign would not exceed the total square footage allowed for either elevation. North Elevation is allowed 112.5 Square Feet West Elevation is allowed 90.0 Square Feet Each Sign is 36.5 Square Feet Total of Both Signs is 73 Square Feet, if additional sign is approved Thank you in advance for your consideration of this variance request. Yours truly, - 0 1 MAR f 3 ,998 (�� ��� MAR � 3 (raw Ron Owens, V.P. Operations BUILDING DEFT. lOa-2 c Drews Realty Group Real Estate Investment and Development March 31, 1999 City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Council Re: Bank of Commerce The Village at Timarron Dear Sirs/Madame: Please be advised that we support Bank of Commerce's request for a variance of the sigh ordinance that will allow them to install an additional sign on the west side of their building at The Village at Timarron. Please call if you have any questions. Sincerely, VENUS (DREWS)PARTNERS V, L.P. By: Vvelo snt Man AMC CC! Charles Powell, Bank of Commerce Ron Owens, Lone Star Sign Company Commerce Street,Suite 400•Southlake.Texas 76092-9113•Telephone:(817)251-2258•Metro:(817)329-1664•Fax:(817)416-8418 10A-3 SIGN VARIANCE APPLICATION 'AP -CA.` OWNER l i f d:- " o PHONE: 1 / 2- L— -3 1 - CA,+,t/tl" /i.,�ll FAX: Y17- -Z - yy�.�, The following inf.:mation pertains to the location for which the variance is being requested: NAME OF BUSINESS OR OPERATION: PHYSICAL ADDRESS: zF LEGAL DESCRIPTIO:+ : Lot 3 Block C Subdivision �,y I hereby certify t::at this application is complete as per the requirements of Sign ^ dinance No. 506 as summarized below. I further understand that it is necessary to have a presentative at the City Council meeting who is authorized to discuss this request, LVdress any unresc'_ved issues, and approve changes, if any. C 7� �4 �1c7 Applicant' s Signa_ure: _.�.•r z Date: Z3 _ For City Use Only: I hereby ac::^owledse receipt of the sig-.. variance application and the applict--on fee in the amount of _ /0/) on this the day of y99— Signed: Title: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. -� Computed sign variance request application. Comp1=_::ed demonstration of conditions applicable to the requested variance / (see attached. ) Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. V Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. LOA-4 Demonstration Lease demonstrate that the following conditions are applicable to the requested sign variance: 1 . That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant . c N *4t 13:[.s: AeC7S G�ic1,315-S 1ACE � �C /+.1✓c �S /� HC� Cx�'CStj ` �i$/ b�t TL TiSE � y •:Sii ,SS /ham C .YP-/LE/- 6. n. n./Y/ /Evsf•c�� n •7v d/4/f ts A6/ TG Pi=r. L� r 74A !'/6cES� r=.G' y c <r/'- J L'. ,n�E i= f� :t/I) d Co 4:9 ci /�' C-(.5 �.Es s /z c r s c l3n�/J Acri- Nc/sue /�• B�✓A 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. �/7 c 1,1,6 ST F_ /F T/c .v O T lhC Al'I4, f/C eS �IRv4 .Si �/c C./i�+n , l/ fs, ram' �S: ,v Li/.'7 // b � =1 ! Ta1TA E C,,cT A 47 rA e �-t. lcl/ vy clCcs y''i / S S / tu /} f. GN O•� C TU 7LAC � O/'4� vif.•-GE f'F1T2/G7`. c:v . 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties . .���-�i � - A 9 S C :,� /'i / i✓ /✓L �,. ,� y , .y J k /I 'v h w . A Th c v c✓ /c� m ,v 7- U _r fh.-S ,<'�.' ;/' 'y n e /l ,a_c:lv T er 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance . S l Si ri ✓A2 d 4 G:\WPF\FORMS\APPS\SIGN-VA.R.WPD 10A-J LLI LU I �! zl � CI �� �I���I�I - �� `I� X 4f Ly < .a 3 tr CO W C13 H ui co E z Jill LLJ fto _j 000 ui III U Nil. 1OA-6 X I LLl Lu 114 zz I � 0 W n .. ca LIJ W � z ' z X Lu i U J �0 .e l s� _1OA- ' ----_— SOUTHLAKE BLVD. Frtit. 1'•49` --- ------ s -- •- - -- - --- -- - ---- ------------ --- :tr See-fi• m.to E.snaa --v90rogE2 10 rT .�Q9C+rCc.Mp •e<e a . n 1 _ r i I I I t� ( 1 .� i_j ii ') I I I ( I y �.�C•11 �;� !. ,, �}jt I _ __ — fi I�I TS �` � I poi' I .•' s � w ! jj x ! i f' a-aa i t • >, 3 a s �� I 11 s lift Zia $� �3 'j 1 � Z 3 I ! Z � � 1•�� � I 6 1 i 1 � � I I •oa �ti-�=� i i f _ � • ( Iel�� � � ! i 1 r �• �j p cz •O I I t l4}a^ t I �'' i/�j� zn • i � 7 i � i �� G e--�-:.•net:ri f l 1 • f � �!I �� x • �! ie..l i'� �� N I III � F3 . •I I)J � y � �� r ;? z l it 'e �• �' � III ! � -.. r �J4s�zp � Sf;4 Lu1G7CM'C__ f��t��..�-_.—_•�__I 1�� � _. 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