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2000-12-05 CC Packet
City of Southlake, Texas MEMORANDUM December 1, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000. Agenda Item No. 2Ala. Evaluation of Council appointed officials. Note the attached separate memo from me tb you concerning my current employment contract. Call me if you have any questions. Agenda Item No. 5A. Approval of minutes of the Regular City Council meeting held Nov. 7, 2000. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. Agenda Item No. 5B. Award of bid to Libra Tech Corporation for library furnishings. The Library Board, City staff, and the architectural firm of Hidell and Associates have worked during the past nine months to develop the scope and specifications for library furnishings to include library shelving, tables, study carrels, computer stations, and circulation desks for the main, reference, and children's areas. Two bids were received on Oct. 31, 2000. The bids were divided into four distinct sections with the low bid to be awarded in each section. The apparent low bidder for Sections 1 and 2 was disqualified due to failure to provide some furnishings that are substantially equal to the specifications in Section 1, failure to supply complete pertinent data for the evaluation of proposed equivalent items in Section 1, and failure to provide a complete bid in Section 2, as required in the bid specifications. As a result, Libra Tech Corporation became low bidder in all four sections with a bid of $168,301.84. Libra Tech has a good reputation in the library industry for providing quality furnishings, timely delivery, and good customer service, and has completed work for the Fort Worth Public Library, Plano Public Library, and Dallas Public Library, to name a few. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 2 of 16 Funding in the amount of $1,139,000 is available in TIF for library-related items, with $161,500 allocated for furnishings. It is recommended that the difference ($6,802) between the proposed budget and the low bid be absorbed within the existing TIF fund library allocation as savings are anticipated through other library item purchases. Staff recommends the award of bid for library furnishings to Libra Tech Corporation in the amount of $168,301.84. If you have any questions regarding this item, contact Steve Polasek. Agenda Item No. 5C. Resolution No. 00-107, Supporting the introduction and passage of legislation which modifies the requirement for authorizing the holding of a citywide local option election to allow a city located in more than one county the ability to hold a local option election. You may recall from prior year discussions, that the City of Southlake and many other cities in the State that are within more than one County do not have the same right to vote on Local Option Elections as a (w city contained wholly within one County. We have lead a state-wide initiative to submit and pass legislation that would change the law, allowing multi-county cities the same voting rights. This resolution reflects our formal support for this initiative. Director Last has been actively involved in this initiative for several years. Feel free to contact him should you have any questions. As well, Councilmember DuPre has also been actively involved and I'm sure would answer any questions you might have. Agenda Item No. 5D. Renew contract with TruGreen for mowing of city parks and facilities. City Council awarded this contract to TruGreen LandCare in May 1999 with an option for two 12-month renewals. The first renewal option for the 2000 mowing season was approved by City Council last year. Staff is satisfied with the mowing services provided by TruGreen LandCare and recommends approval of the second and final renewal option. This service will re-bid in the fall of 2001. Staff recommends the contract renewal in an amount not to exceed $69,353.57. If you have any questions regarding this item, contact Kevin Hugman Agenda Item No. 5E. Renew contract with Avanti Landscape for mowing of city and state rights-of- way. City Council awarded this contract with Avanti Landscape Management in April 2000 with an Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 3 of 16 option for two 12-month renewals. Staff is satisfied with the mowing services provided by Avanti Landscape Management and recommends approval of the first renewal option. Staff recommends the contract renewal in an amount not to exceed $32,493.75. Approval of these items and the previous contract for Town Square are within the budgeted amount. If you have any questions regarding this item, please contact Kevin Hugman. Agenda Item No. 5F. Award of bid for printing services for new Town Hall stationary and office supplies. At the present time the City utilizes various vendors for printing services. The purpose of the formal sealed bid for printing services was based upon the total annual purchases of all individual departments' exceeding the monetary threshold for bidding requirements. Therefore, in order to comply with the purchasing laws of the State of Texas and to ensure the City received the best prices possible for printing services a bid was conducted. Based on the bid results, staff recommends the Council to award semi-annual bid for the purchase of printing services to Alexander Christian Corporation, Sections A, E and F and to Worth Business Forms for Sections B, C and D. For your review the Bid Tabulation Sheet is included with the agenda memo. If you have any questions concerning this item, contact Rusty Steele. Agenda Item No. 5G. This item was left blank intentionally. Agenda Item No. 5H. Award of bid to Harley-Davidson of Dallas for a twelve-month lease on seven Harley-Davidson police motorcycles. The City of Southlake Department of Public Safety uses seven Harley-Davidson motorcycles for traffic enforcement and response to accidents and other calls for service. Previously conducted cost analysis has shown that it is more cost effective to lease these vehicles with maintenance included than to purchase and maintain them internally. Harley-Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Our current lease, also with Harley-Davidson of Dallas, expired on October 1, 2000. The cost of $299.00 per month is a slight increase from $288.75 per month last year and reflects increasing maintenance "''' costs. The total cost of the lease is $25,116.00 for the year, and $24,255.00 was budgeted for this Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 4 of 16 expense, but the $861.00 additional cost will be absorbed in the departmental vehicle maintenance budget. Please contact Chief Marlin Price if you have any questions about this item. Agenda Item No. 5I. Authorize the Mayor to execute a residential developer agreement for Worthing Addition. Worthing Addition is a nine-lot subdivision located on the south side of Rainbow Drive adjacent to Cambridge Place Addition. This is the City's standard developer's agreement for the public infrastructure. You will note that at the time the plat was taken to the Park Board, there were 10 lots in the addition. Prior to final plat being approved, the number of lots was reduced to nine, thus the park fee would be reduced accordingly. If you have any questions regarding this item, contact Charlie Thomas Agenda Item No. 5J. Resolution No. 00-112, Authorizing the acquisition of right-of-way for the (W reconstruction of South Kimball Avenue, from FM 1709 to Crooked Lane. The reconstruction of South Kimball Avenue was included in the 2006-01 CIP. The design has progressed to point of identifying the necessary right-of-way for reconstruction of the roadway. This approval will allow the preparation of the field notes and exhibits for the right-of-way to proceed. A SPIN meeting will be held to discuss the project with adjacent property owners and citizens within the next 30 days. City staff will bring a design to the City Council for approval prior to finalizing the design. If you have any questions regarding this item, contact Charlie Thomas. Agenda Item No. 5K. Ordinance No. 762, 2id Reading, Amending the Code of Ordinance of the City of Southlake, Texas by adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2; repealing Ordinance No. 572. Staff is requesting this item to be tabled to the Jan. 2, 200,1 regular City Council meeting. Agenda Item No. 5L. ZA 00-114, Plat Revision of proposed lots 2R1 & 2R2, Block 5, Cornerstone Business Park, on property described as Lot 2, Block 5, Cornerstone Business Park, being 2.7804 acres. Location: Cornerstone Business Park at the end of the Silicon Court cul-de-sac. This plat proposes subdividing Lot 2, Block 5 of Cornerstone Business Park into two lots for the purpose of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 ( Page 5 of 16 conveying of the proposed north lot. It is intended at a later date to combine the north lot with unplatted property adjoining the north boundary. The plat also proposes abandonment of a portion of drainage easement dedicated by the original plat. There are no issues related to this request. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Plat Review Summary No. 2 dated Nov. 3, 2000. If you have any questions regarding this item, contact Bruce Payne. Agenda Item No. 5M. Resolution No. 00-110, Appointing one member to serve on the Board of Directors for the Tax Increment Reinvestment Zone Number One of the City of Southlake. Per the TIRZ participation agreement with CISD, they are allowed to name one of the City's eight appointments to the TIRZ Board of Directors. In July of this year the City appointed former CISD Board President Susan Logan for a term extending through May 2001. CISD has indicated that it (W would like to name current School Board President Rob Glover to fill the remainder of the term. CISD also indicated that Mr. Glover would be in attendance at the TIRZ meeting on Tuesday, although he would not have been "officially" appointed and thus not able to vote at that time. Staff will provide the meeting agenda and materials to Mr. Glover, along with the other members of the TIRZ Board of Directors. Questions about this item may be directed to John Eaglen or Sharen Elam. Agenda Item No. 7A. Ordinance No. 794, 2" Reading, Abandonment and quitclaim of Tract A, Woodland Heights Addition, being a 35-food wide tract of land. The Woodland Heights subdivision was platted in 1982. At the time, the developer platted a tract of land, shown as Tract A on the plat, and conveyed it to the City. Tract A was located between Lots 9 & 10, Block 1 and was 35 feet wide. The tract of land was planned to be used for access to the land immediately west of the Woodland Heights subdivision owned by Theron Ragan. The City was negotiating with Mr. Ragan at the time to purchase a portion of his property to use for a site to construct an elevated water storage tank. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 6 of 16 Once residents began moving into the Woodland Heights subdivision, they started voicing opposition to the elevated water storage tank. Therefore, plans to construct the tank on the Ragan tract were abandoned. Eventually, the elevated water storage tank was constructed where it currently exists in the Miron Business Park. Tract A is no longer of any use to the City and would be better served if it were abandoned and quitclaimed to the adjoining landowner. Ms. Donna Halley, the owner of Lot 10 that adjoins Tract A, has mowed and maintained Tract A for 12 years. Therefore, staff recommends quitclaiming the tract to her. Ms. Halley has agreed to accept the land if Council quitclaims it to her. Contact Charlie Thomas with questions regarding this item. Agenda Item No. 7B. Ordinance No. 795, 2' Reading, An ordinance authorizing the issuance of Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C. The approved FY 2000- 01 Capital Improvement Project budget consists of street and drainage improvements totaling $4,417,169. Approval of this ordinance will provide the funding for the projects. The certificates are issued by adoption of an ordinance. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from current revenues or other sources of funds. The debt will be repaid through the City's ad valorem tax rate. If you have any questions related to this item, contact Sharen Elam. Agenda Item No. 7C. Ordinance No. 796, 2'd Reading, An ordinance authorizing the issuance of Tax & WW & SS Surplus Revenue Certificates of Obligation, Series 2000-D. The approved FY 2000-01 Capital Improvement Project budget consists of water and sewer capital improvement projects totaling $7,934,586. Approval of this ordinance will provide the funding for the projects. The certificates are issued by adoption of an ordinance. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from current revenues or other sources of funds. The water and sewer neighborhood projects will be repaid through the City's Utility Fund, and projects that are part of the City's Impact Fee Study will Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 7 of 16 be repaid through collected impact fees. If you have any questions related to this item, please call Sharen Elam. Agenda Item No. 7D. Ordinance No. 797, 2nd Reading, An ordinance authorizing the issuance of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E (TIRZ#1). The approved FY 2000-01 Capital Improvement Project budget consists of TIF capital projects totaling $3,500,000. Approval of this ordinance will provide the funding for the projects. The certificates are issued by adoption of an ordinance. The debt will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of the City's property tax. If you have any questions related to this item, please call Sharen Elam. *Note: City staff visited with bond rating agencies about these issues on Tuesday, November 28. You have each been provided a copy of the notes from those conference calls. We fully expect all our ratings to be confirmed and will provide you their reports on Tuesday. Agenda Item No. 7E. ZA 00-109, Site Plan for Burger King, on property described as Lot 3, Block 1, Kimball/1709 Addition, being 1.1135 acres. Location: East side of North Kimball Avenue approximately 180' north of East Southlake Boulevard. This plan proposes a one-story 3,250- square-foot restaurant. The applicant is requesting the following variances: • Bufferyards to be offset along the perimeter driveways rather than along the property line due to existing driveways and to allow a 2' reduction in the bufferyard width (5' to 3') along a 50' portion of the northeast bufferyard. • Stacking depth on the south driveway to allow 79' instead of the required 100'. This would align the driveway of this site with the adjoining driveway of the KFC site to the south. • Pitched roof required for buildings less than 6,000 square feet to allow a pitched roof type construction with an open center to accommodate ventilation and mechanical equipment. This proposal is similar to those approved on Taco Bueno, Chick-fil-A and KFC. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 8 of 16 On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Site Plan Review Summary No. 3, dated Nov. 3, 2000, allowing the requested variances. If you have any questions regarding this item, contact Bruce Payne. Agenda Item No. 7F. Resolution No. 00-106, (ZA 00-116), Specific Use Permit for the operation of a horse-drawn carriage service within Southlake Town Square. Location: Northeast comer of the intersection of East Southlake Boulevard and North Carroll Avenue. This is a request to permit horse-drawn carriage rides through Town Square. The carriage rides will remain entirely within Southlake Town Square and will not be conducted on FM 1709 or North Carroll Avenue. Another concern was street "clean up" from the horses, however, the applicant stated that the horses will be "bagged" in order to keep streets clean. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0). If you have any questions regarding this item, contact Bruce Payne. (W Agenda Item No. 7G. ZA 00-110 Site Plan for Lot 3, Block B North Davis Business Park being 1.0 acre. Location: Northwest corner of the intersection of Greenwood Drive and Greenbriar Drive. North Davis Business Park is a light industrial office park, which began development in the late 1980's. A site plan is required due to this lot being within 400' of Southlake Woods residential development. The plan proposes a 14,500-square-foot office/warehouse building. The applicant is requesting the following variances: • Driveway spacing of 100' from an existing driveway to the north of the site. The applicant proposes 54'. • Permit use of more than 80% synthetic stucco on the exterior of the building. • Vertical and Horizontal articulation on the north and west facades. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Site Plan Review Summary No. 3, dated Nov. 3, 2000, allowing the requested variances. If you have any questions regarding this item, contact Bruce Payne. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 9 of 16 Agenda Item No. 8A. Ordinance No. 480-351, 151 Reading, (ZA 00-084), Rezoning and Concept Plan for Emerald Estates South, on property described as Lot 2, Block 1, Emerald Estates South. Location: North side of East Dove Street approximate) 120' east of North Carroll Avenue. The original zoning request for the property was "SF-20A." After discussion with the Planning and Zoning Commission, the applicant agreed to amend the request to "SF-30." The plan before you reflects this change. The applicant is requesting the following variances: • Right-of-way for East Dove Street in compliance with the City's Master Thoroughfare Plan, Subdivision Ordinance No. 483, Section 5.02D, in lieu of providing a 6' pedestrian access easement. • Variance to lot width measured at the minimum front building setback line. • Building setback reduction along the side street of corner lots. • Relief from staff's recommended use of Common Access Easements. (W On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Concept Plan Review Summary No. 4, dated Nov. 3, 2000, amended as follows: • To allow the change to "SF-30" zoning; • to allow the variance to R.O.W. on East Dove Street providing 6' pedestrian access easement; • to allow the variance to the 100' lot width requirement with the minimum being 75% • and to accept the applicant's commitment to work with the surrounding residents on drainage, to maintain as many trees as possible, and to ensure that the canopy remains on Dove Street. The Commission discussed the applicant's request to allow side yard set back reductions and relief from staff's recommended common access easements and did not appear to have an issue with the applicant's request. However, the Commission took no action on these items. This is believed to be an oversight rather than deliberate. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 10 of 16 Should the City Council desire to allow relief from the recommended common access easements, staff feels at the very minimum that adequate off-street maneuvering area must be provided within each lot to prevent vehicles from backing onto Dove Street. These designs should be subject to approval by the Director of Public Works. If you have any questions regarding this item, contact Bruce Payne. Agenda Item No. 8B. Ordinance No. 480-352, 1" Reading, (ZA 00-111), Rezoning on property described as Tracts 3 & 3F and a portion of Tract 4C, situated in the Rees D. Price Survey, Abstract No. 1207, and being 30.138 acres. Location: East side of North White Chapel Boulevard approximately 700' north of Sweet Street. This property encompasses the Calli fish farm and the southwest portion of Camp Burnett. The requested zoning is "SF-1A" Single Family Residential District. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0). If you have any questions regarding this item, contact Bruce Payne. Agenda Item No. 8C. ZA 00-112, Preliminary Plat for Wingate Hill (advertised as Wyndsor Hill and Whitehall Addition), on property described as Tracts 3, 3F, & 4C, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 44.0 acres. Location: East side of North White Chapel Boulevard approximately 700' north of Sweet Street. This is the plat associated with the previous "SF-1A" zoning request. The plat includes all of the proposed "SF1-A" property and the remainder of Camp Burnett. Since the camp is being subdivided as part of this development, all of the camp property must be included in the plat in order to comply with State law and the City's subdivision ordinance. The plat encompasses 44 acres and proposes 24 residential lots and the remaining camp ground property. The density for the 30-acre portion actually being developed residentially is 0.79 dwelling units per acre. The applicant is requesting relief on the following review items: Subdivision Ordinance 483, Section 5.01C & 5.03I, recommends two points of access to the property. Applicant requests approval as proposed. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 11 of 16 • Variance to allow reduction in building setbacks along the side street of corner lots. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Plat Review Summary No. 2, dated Nov. 3, 2000, allowing the requested variances. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item No. 10A. Authorize the Mayor to enter into an interlocal agreement with the cities of Southlake, Colleyville, Grapevine and CISD for Teen Court. Metroport Teen Court is asking that the City Council approve the 2000-01 Metroport Teen Court interlocal agreement. This agreement is between the City of Colleyville, City of Grapevine, Carroll ISD, and the City of Southlake. These entities have joined together since 1996 to provide the diversionary Teen Court program to juveniles. If you have any questions concerning this item, contact Sharen Elam. (W Agenda Item No. 10B. This item was left blank intentionally. Agenda Item No. 10C. Request for a modification to Conditional Sign Permit for Gateway Plaza Development, pursuant to Sign Ordinance No. 704-A. Mr. Terry Wilkinson of Wyndham Properties has applied for a modification to the Conditional Sign Permit, pursuant to Sign Ordinance No. 704- A, in order to establish special sign criteria for temporary development signs at Gateway Plaza Development. He has requested to erect two 6' by 10' signs, one each on Southlake Boulevard and SH 114, for four months. He also has requested similar signs for a maximum of six months when Phase H of the development opens. Because some of the stores on the outer part of the center are under construction, those that are open are having difficulty bringing in customers. Please contact Paul Ward or Chuck Bloomberg if you have questions on this item. Agenda Item No. 10D. Award of bid for janitorial services . With the opening of Town Hall, the current janitorial services contract can not be used, as the addition of approximately 76,000 square (W feet would change the contract by more than 25%. Staff reviewed other cities' contracts, updated the current contract, and advertised for bids. The new contract covers more than 100,000 square feet of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 12 of 16 City-owned facilities and will last until the end of this fiscal year. After the completion of the initial contract term, the contract allows for two one-year extensions (if agreed upon by both parties). The bids will be received and opened by staff on Monday, Dec. 4, 2000. Contact Valerie Bradley with any questions on this item. Agenda Item No. 11A. Discussion. Public Art Policy. As the City gets ready to open its new Town Hall, more City facilities are planned for construction, and park facilities continue to expand and develop, some policy direction should be established regarding public art, both in terms of policy practice and funding of public art. Staff began looking at this issue last year, and Councilmember Patsy DuPre also has been interested in this issue and requested this item be brought forward. As such, we have included in your packet a discussion of relevant topics and issues regarding public art, a summary of other cities' policies (in Texas and other states), and a draft policy. This policy is provided simply as a starting point for discussion and there are several issues we would like to get your direction and thoughts on before we proceed further. Kevin Hugman and Senior Parks Planner Chris Carpenter will be prepared to discuss this item further at your meeting. OTHER ITEMS OF INTEREST Cross Timber Hills Sewer - Davis Property, FYI. The following is an excerpt from a memo I received from Construction Manager David Fleming: Prior to beginning construction on Mrs. Mollie Davis'property at 1342 Woodbrook Court in Cross Timber Hills, I arranged a meeting with Mrs. Davis, representatives of the contractor and the City to discuss the multiple items that she requested be included in the plans prior to signing the Permanent and Temporary Construction easements. At that meeting all points were agreed upon except one; it was her understanding, from a video-taped meeting with the contractor, her atttorney and Shawn Poe, that the entire sewer line behind her property, on the Cookseys' and the Boullys'property (approximately 300 feet), as well as the portion of the same sewer Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 13 of 16 line on her property (approximately 80 feet), was to be bored. The construction drawings do not indicate this. They show the line to be trenched. I spoke to Shawn on Tuesday, Nov. 28, to see if he had committed to boring the entire line. Shawn said that he had committed to boring the line on her property (80 feet), but not the line on Cooksey or Boully. When 1 communicated this to Mrs. Davis, she was extremely upset, said that this decision was unacceptable and she would have her attorney contact me. To date on this project, the City has added approximately $50,000 worth of bore to appease residents. The City and the Contractor have found some ways to recoup approximately $39,000 of this $50,000 leaving a balance of additions at approximately $11,000. Boring the 80 foot length across Mrs. Davis'property will add another $13,600, which will bring the total addition to date to approximately $24,600. However, if the City commits to boring the entire 380 feet of line, the additional cost will be approximately $64,600, which would bring the total additional cost to $75,600. David has spoken to Mrs. Davis' attorney, and we believe he understands that the agreement to bore was for Mrs. Davis' property only. Mr. Cooksey and Mr. Boully have been contacted, and after a brief meeting, tentatively set for Monday, we will move forward with the construction as per boring Mrs. Davis' property and open cutting the remainder. With questions on this issue, contact me or David Fleming. Coventry Manor Speed Bumps, FYI. Note the attached letter from Laura Hill. Staff is in the process of preparing a construction schedule to send to Ms. Hill so that she will be able to get information out to the residents in Coventry. If you have any questions, contact Charlie Thomas. TXU Workshop. On Thursday, Nov. 30, Shana Yelverton, Charlie Thomas, Greg Last, Sharen Elam, Bruce Payne, and myself attended a TXU-sponsored "Municipality Alliance Workshop." TXU had structured the workshop to address several important factors to them: • Understand TXU's strategic direction, organization, current/future support and services, and work in progress update; Establish a clearer understanding of City priorities and coordination needs; Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 14 of 16 • Understand desired state requirements and any perceived barriers to strengthen current relations; • Develop a Commitment Action Document focusing on specific actions needed to strengthen working relationships. The meeting was a productive starting point for resolving some coordination issues our staff has identified. For example, we discussed utility relocations and committed to a "workshop" to develop a foolproof procedure for communicating our CEP plans with them in a timely manner to ensure a coordinated schedule. We also discussed joint economic development efforts, emergency response and training. Questions about the meeting should be directed to Shana Yelverton. Note that attached to my memo is information TXU provided concerning the 1999 Texas Electric Choice Act. (W City Council First Reading on Jellico Towne Crossing. Due to the level of interest surrounding the Jellico Towne Crossing proposal, staff has discussed the potential of holding a special City Council meeting to consider the first reading of this item. This would provide the public with a maximum opportunity to provide input on this proposal. Depending upon what happens at the Planning and Zoning Commission, this item could come before the City Council in either January or February. Per Section 3.13 of the City Charter, the second reading would have to be considered on a regular meeting agenda. In reviewing the potential dates with the City Secretary for holding the special session, the following dates show no conflict among the City Council members: • Tuesday, January 9 • Thursday, January 18 (W • Tuesday, February 13 • Tuesday, February 27 Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 15 of 16 In order to avoid potential confusion regarding a special meeting, staff has tried to keep the potential dates on off-meeting Tuesdays, however the second off-date in January has presented some conflicts. Another caveat on the Jan. 18 date is that the Planning and Zoning Commission meeting falls on this date, however Director of Planning Bruce Payne has indicated that staff could cover both meetings if the Council determined that this date was a viable option. Please submit any ideas, thoughts, or comments on this item to Assistant to the City Manager John Eaglen. Charter Communications news. We have received a letter from Charter Communications (a copy is attached to my memo) that contains announcements that should be of interest to Council and the public. An equipment change that will take place between now and the end of February will eliminate the need for cable converter boxes for customers receiving basic or expanded basic service; converter boxes still will be required for premium channels, pay-per-view programs or digital cable service. When that change is made, Charter also plans to unveil a revised channel lineup that is described more fully in the attached letter. This change will affect many of the current channel numbers, although the city's channel is expected to remain on Channel 7. Charter will be required to actively notify customers of the changes before they take place. If you have questions, contact James Kunke. Library Policies. Included, as an attachment is a memo from Kevin Hugman regarding proposed library policies, as well as a copy of the policies themselves. It is our intent to bring these forward to Council at your Jan. 2, 2001, meeting. Please review them at your convenience and direct questions, to Kevin Hugman or Library Administrator Terry McLaughlin. Also attached to my memo: • Monthly Code Enforcement Report • Southlake's Public Eye • Employee Newsletter - Inside Scoop 'aw • Calendar of Meetings / Events Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting Dec. 5, 2000 Page 16 of 16 BC Staff Extension Numbers: Black, Rick, Fire Chief, ext. 735 Bloomberg, Chuck, Plans Examiner, ext. 747 Bradley, Valerie, Asst. to the Public Works Director, ext. 773 Campbell, Billy, City Manager, ext. 701 Eaglen, John, Assistant to the City Manager, ext. 806 Elam, Sharen, Finance Director, ext. 716 Farahnak, Pedram, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Chief of Building Services, ext. 726 Last, Greg, Director of Economic Development, ext. 750 (W LeGrand, Sandra, City Secretary, ext. 704 McLaughlin, Terry, Library Administrator, ext.714 Payne, Bruce, Planning Director, ext. 767 Price, Marlin, Police Chief, ext. 732 Thomas, Charlie, City Engineer, ext. 814 Ward, Paul, Building Official, ext. 755 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 City of Southlake, Texas MEMORANDUM 11/30/2000 TO: Honorable Mayor and Members of City Council FROM: City Manager Billy Campbell SUBJECT: Employment Contract The City of Lake Jackson commissioned a Council appointed employee compensation survey that included 15 Texas medium to small cities. The contracts very in age, but the compilation of these various contracts are noteworthy not because of salary or benefits but because of the repetition of certain aspects included in the collective contracts. I bring this to you not necessarily as a request for those benefits but to illustrate what requests or requirements are utilized in retention or recruitment at the city-management level. A copy of the survey in its entirety may be obtained from Kim Bush. The following are bullet points in lieu of reprinting the entire document: • City of Burleson ➢ Initial 2 year contract; ➢ Termination and Severance Pay. A. In the event Manager is terminated by the City Council after the effective date of this agreement and before expiration of the aforesaid term of employment and during such time Manager is willing and able to perform her duties of Manager, then, in that event, Burleson agrees to pay Manager a lump sum payment in an amount equal to six (6) months salary at the then current salary of Manager and to extend Manager's health and life insurance for six months. D. In the event Manager voluntarily resigns her position with the city of Burleson before expiration of the aforesaid term of employment then Manager shall give the City of Burleson two (2) months' notice in advance, unless both parties agree otherwise. ➢ Automobile, Mobile Phone. B. A mobile phone will be provided for Manager's unlimited use. ➢ Residence. Manager shall, within six (6) months of employment, unless extended by Burleson, establish her residence within the city limits of Burleson and to maintain residence within the city limits during the remaining term, including renewals or extensions. Billy Campbell, City Manager November 30,2000 Page 2 of 10 ( ➢ Terms, Renewal and Extension. ...determining extensions thereof for \r„ successive one (1) year periods. • City of Conroe ➢ Initial three year contract ➢ Termination and Severance Pay. A. In the event Employee is terminated by the City Council at a time the Employee is willing and able to perform his duties and obligations under this contract, the Employer shall pay Employee a lump sum severance payment equal to the aggregate salary which Employee would have earned during the remainder of the contract term. C. In the event Employee voluntarily resigns his position, he shall give Employer three months' notice in advance unless the parties otherwise agree. ➢ Retirement. Employer agrees to provide the TMRS retirement plan for Employee and pay both the City's and Employee's contribution. ➢ Dues and Subscriptions. ...and monthly country club dues (the employee is responsible for the initiation fees). ➢ Other terms and conditions of employment. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination. D. The City will annually make a one time payroll adjustment at the end of the year to compensate for any payroll taxes required to be paid by the employee because of these special benefits. ➢ Special Compensation. A. As an additional incentive to secure the long-term services of Employee the City will pay Employee a one time lump some cash payment of Eighteen Thousand Dollars ($18,000). • City of Coppell ➢ Relocation Expense; Termination. A. In the event Employee is involuntarily terminated by the City Council and Employee is willing and able to perform his duties under this Billy Campbell, City Manager November 30, 2000 Page 3 of 10 Agreement, then in that event City agrees to pay Employee a lump sum cash payment equal to six (6) months aggregate salary for the relocation of the Employee as well as the Annual Retention Pay.... B. In the event Employee voluntarily resigns his position with City prior tot he expiration of the five (5) year term, then Employee shall give City one hundred and twenty (120) days prior written notice unless the parties otherwise agree; and Employee shall not be paid any relocation pay and shall forfeit the Annual Longevity Incentive pay provided in Paragraph 4D. C. In the event employee voluntarily resigns, his position with the City prior to the expiration of the five (5) year term of this Agreement, Employee shall pay the City a sum equal to five percent (5%) of Employee's annual base salary as liquidated damages for early termination of this Agreement. The parties acknowledge that the actual damages, in the event of such early termination, would be speculative and difficult to determine. ➢ Salary. A. .... In addition to the aforesaid base salary, the City agrees to provide (W employee annual deferred compensation in an amount equal to.five (5%) percent of Employee's base salary. C. City agrees to provide Employee Annual Retention Pay in the amount of Four thousand and No/100 Dollars ($4,000.00) per year, less applicable taxes and employee withholding, for a period of five (5) years concurrent with the term of this Agreement to be deposited in a special interest bearing account designated by the Employee, beginning December 9, 1997 and continuing on December 9' of each year thereafter for a period of four (4) years. The Employee shall not be entitled to the use or receipt of the Annual Retention Pay and accrued interest provided herein unless and until Employee successfully completes the five (5) year term of this Agreement. Employee shall forfeit all Annual Retention Pay and interest provided and accumulated herein in the event Employee voluntarily resigns his position with the City (except in the case of family or other hardship) prior to the expiration of the five (5) year term of this Agreement. • City of DeSoto ➢ Initial two year term. ➢ Salary. Billy Campbell, City Manager November 30,2000 Page 4 of 10 B. City agrees to provide City Manager annual deferred compensation in the amount of$7,500.00. ➢ Relocation Expense. A. In the event the City Manager is involuntarily terminated by the City Council during the term of this Agreement, and the City Manager is willing and able to perform his duties under this Agreement, the City agrees to pay the City Manager a lump sum cash payment for the relocation of the City Manager as set forth herein. B. In the event the City Manager voluntarily resigns his position with the City during the term of this Agreement, the City Manager shall give the City two months prior written notice unless the parties agree otherwise.... C. In the event the City Manager is involuntarily terminated by the City Council during the first six months of the initial twenty-four month term of this Agreement, and the City Manager is willing and able to perform his duties under this agreement, the City agrees to pay the City Manager a lump sum cash payment equal to six months base salary for the relocation of the City Manager. The City Manager shall receive additional severance pay under this paragraph based on the City Manager's length of service and computed at the rate of one month base salary for every month of service beyond the first six months of employment under this Agreement, up to a maximum of six additional months. The total severance pay for the relocation of the City Manager under this Agreement shall not exceed twelve months of base salary. City Manager shall not be entitled to any severance pay as set forth in this paragraph unless involuntarily terminated.... ➢ Disability Insurance. During the term of this Agreement, to compensate City Manager if he becomes disabled during the employment term because of sickness, injury, or mental disability, so that the employee is unable to perform all the duties as a City Manager under this Agreement, City agrees to purchase term disability insurance for the employee's benefit which will provide a benefit equivalent to seventy-five percent (75%) of base salary for short-term disability, and sixty percent (60%) of his base salary for long-term disability, subject to accrued sick leave; .... • City of Duncanville ➢ Term. Billy Campbell, City Manager November 30, 2000 Page 5 of 10 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to resign at any time from his position with Employer with ninety (90) days notice. ➢ Termination and Severance Pay. In the event the City Manager is terminated by the Governing Body, then in that event the Governing Body agrees to pay William L. Shaw, Jr. a lump sum cash payment equal to three (3) months aggregate compensation. .... In the event the City Manager is terminated by the Governing Body, then in that event all life, health, dental, and disability insurance and all other City provided benefits shall continue in full force and coverage, at City expense, for a period of six (6) months. ➢ Other Benefits. .... Employer shall not prohibit local Country Club(s) from providing a complementary, full service membership for the City Manager and his family at said country club(s) including golf privileges. • City of Edinburg ➢ Termination and Severance Pay. In the event of his involuntary separation as City Manager, he shall be entitled to receive his regular compensation and payment of benefits for a period of six (6) months or - for the remainder of the term of the Employment Agreement, whichever is greater, provided under no circumstances shall the total period exceed twelve (12) months, plus any accrued vacation. • City of Farmers Branch ➢ Initial three year term ➢ Compensation and Benefiting. D. City Manager shall receive the additional sum of$1,928.00 per annum payable at the same time as base salary as deferred compensation..... ➢ Termination and Severance Pay. B. In the event of termination or salary or benefit reduction (except in the case of across the board salary and benefit reductions for all employees) the City Council shall give the City manager six (6) months written notice prior to the effective date of the termination or reduction in salary or benefit or in the alternative solely at the option of the City Council, the City Manager shall be immediately terminated and given six (6) months severance pay plus any amount then due and payable to the City Manager for accumulated sick leave, Billy Campbell, City Manager November 30, 2000 Page 6 of 10 in accordance with City policy but not exceed an additional ninety (90) working days. C. City Manager may terminate this Agreement by giving City sixty (60) days written notice. The City Council may agree to either a longer or shorter notice period. • City of Frisco ➢ ...shall give a minimum of 60-day notice of resignation. ➢ Termination and Severance Pay. In the event Frisco desires to terminate City Manager during the time that City Manager is willing to perform the duties of City Manager, Frisco agrees to pay City Manager a lump sum cash payment equal to six (6) months pay aggregate salary; plus accrued vacation pay; .... In the event City Manager voluntarily resigns his position with Firsco, he shall give Frisco 60 days notice. • City of Haltom City ➢ In the event that City terminates Employee's services hereunder, or requests that Employee resign, City agrees to pay Employee termination pay equal to Employee's salary and benefits for a period of sixty (60) days. ➢ Residence of Employee. Employee shall reside within the City of Haltom City as required by the City Charter during the entire length of his tenure as City Manager. • City of Hurst ➢ Term. C. 60 days written notice is required for voluntary resignation by the Employee. This notice may be waived by mutual consent of the City Council and Employee. D. The Agreement will carry over from year to year, October 1 through September 30, and be amended from time to time, with the renewal based on the Employees annual performance evaluation. ➢ Termination and Severance Pay. In the event the Employee is involuntarily terminated by the Employer, the City will pay the Employee Severance Pay. Severance Pay shall be continued for six (6) months at full salary and benefits from the date of termination as provide by the City Charter, provide however, that in the event the Employee is terminated because of his final conviction of any illegal act.... By mutual Billy Campbell, City Manager November 30, 2000 Page 7 of 10 consent of the City Council and Employee the severance may be taken in a lump sum payment. ➢ Other Benefits. B. The employer will pay for the employees portion of the Texas Municipal System Retirement System (TMRS). D. To supplement the retirement provisions the City will provide the Employee with a net lump sum amount of Deferred Compensation not to exceed the maximum allowed by the Internal Revenue Service, based on the performance evaluation .... • City of LaPorte ➢ Initial three year term. ➢ Termination and Severance Pay. A. ...Employer agrees to pay Employee as severance pay and liquidated damages, twenty-four (24) weeks salary and benefits, payable in installments over Employer's normal pay periods. In the Event (W Employee secures other employment during such twenty-four (24) week period, the amount of such salary payments shall be reduced by the amount of salary payment received by Employee from such new employment. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. ➢ Disability, Health and Life Insurance. C. Employer agrees to purchase and to pay the required premiums on term life insurance policies equal in amount to tow times the annual gross salary of Employee, with the beneficiary named by Employee. ➢ Professional Development. C. City agrees to pay reasonable expenses involved with annual professional financial planning consultation and yearly filing of income tax returns prepared by a Certified Public Accountant. • City of Orange ➢ Initial four year term. Billy Campbell, City Manager November 30, 2000 Page 8 of 10 ➢ Deferred Compensation. City agrees to pay the Manager annual deferred compensation in an amount equal to 10% of base salary. ➢ Termination and Severance Pay. A. Termination. In the event Manager is terminated by the Council during the term of this Agreement and Manager is then willing and able to perform all the duties of the City Manager under this Agreement, then, in that event, the City agrees to pay the Manager a lump sum cash payment equal to twelve (12) months full salary and benefits, plus the value of all vacation leave, holidays, and other benefits accrued by, or credited to, the manager prior to the termination; provided that , if the manager is terminated because of a conviction.... C. Resignation. If the Manager terminates this Agreement by voluntary resignation of the position of Manager, the Manager shall give 60 days notice in advance unless the Council agrees otherwise. • City of Palestine ➢ Termination and Severance Pay. A. In the event Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to give the employee 180 days advance notice of termination. B. In the event Employee voluntarily resigns his position...then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. ➢ Deferred Compensation. Employer agrees to pay employee annual deferred compensation in a lump sum equal to five percent of base salary. ➢ Relocation and Housing Expense. Employer shall pay employee all expenses for moving employee, his family and personal property to Palestine, Texas and employee agrees that he will reside in Palestine within 60 days. • City of Plainview (awl ➢ Termination and Severance Pay. Billy Campbell, City Manager November 30, 2000 Page 9 of 10 A. In the event Employee is terminated by the Council and Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash of payment equal to 12 months' aggregate salary; .... C. In the event Employee voluntarily resigns his position with Employer, Employee shall give Employer 30 days notice in advance, unless the parties otherwise agree. • City of Rosenberg ➢ Deferred Compensation. B. .... City does agree to contribute an amount equal to 5% of City Manager's annual salary to City Manager's ICMA-RC account. ➢ Fringe Benefits. .... The City agrees to pay all required premiums on term life insurance in the amount of$100,000, and said policy shall carry a beneficiary as shall be from time to time appointed and named by City Manager to receive all benefits payable under such policy in the event of loss or calamity. ,,. ➢ Exhibit A (1998). - 13. City Manager agrees that in the event he voluntarily resigns his position as City Manager, he will give the City forty-five (45) days notice of his intent to resign. ➢ Exhibit A (1994). 9. Provide you and your dependents with medical insurance coverage equal to that which is provided all other employees of the City, except that the City agrees to pay all premiums for you and your dependents. 12.In the event that you are removed as City Manager during such time as you are able and desire to perform the duties of City Manager, continue your salary, transportation allowance, health benefits, and insurance coverage for a period of three months from the date of notice f termination. It is noted that you will not receive this benefit if you voluntarily resign your position as City Manager. 13.Provide you with a housing assistance benefit of$500 per month, for the first three months of your employment. Suggested Changes to Current Contract. Note that attached hereto is a copy of my current contract. My suggested revisions to the w„ current agreement include: 1. Section 2B. Extend agreement through December 5, 2001. 2. Section 2C. Extensions to agreement to be for successive one (1) year periods. Billy Campbell, City Manager November 30, 2000 Page 10 of 10 3. Section 3A. In the event of termination, City to pay a lump sum payment in an amount equal to six (6) months salary instead of three (3) months. 4. Section 4. Salary. Minimum executive pay increase as stated in budget document for FY 2000-01. 5. Section 9. Remove $300.00 monthly cap. If you would like to discuss or have any questions, contact me. C CITY OF SOUTHLAKE ' Employment Agreement OFFICIAL cF'nI� City Manager 1— l• L RECORD THIS AGREEMENT, made and entered into this the I nd day of December, 1999, by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called "Southlake" and James W. Campbell III, hereinafter called "City Manager," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ James W. Campbell III as City Manager of the City of Southlake, as provided by the Southlake City Charter; and WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Manager; and WHEREAS, James W. Campbell III desires to accept employment as City Manager of said City on the terms outlined herein; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained,and hereinbefore stated,the parties hereto agree as follows: (1W Section 1. Employment and Duties Southlake hereby agrees to the continued employment of James W. Campbell III as City Manager and employee of the City of Southlake and James W. Campbell III agrees to perform the functions and duties specified in the Southlake City Charter, and to perform such other duties and functions as the City Council shall from time to time assign. Section 2. Term A. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to retire at anytime from his position with Southlake, subject only to the provisions set forth in Section 3, of this Agreement. B. This Agreement, shall become effective upon execution by both parties, and extend through November 2, 2000, and for any and such other extensions as may be provided under the provisions of Subsection C of this Section. C. The City Council shall conduct an annual review of the City Manager's performance on or before November 2 of each year. The City Council may establish the review process prior to the annual review. The City Council shall review the employment of the City Manager and this Agreement generally and specifically for the purposes of determining an extension for successive one (1) or two (2) year periods. Any extension or modification of this Agreement shall be in writing, signed by both parties and attached as an addendum to this Agreement. HALIBRARY\Southlake\Agreements\CityManager.FN4.wpd Page 1 Section 3. Termination and Severance Pay A. In the event the City Council desires to terminate the employment of the City Manager after the effective date of this Agreement and before expiration of the aforesaid term of employment and during such time City Manager is willing and able to perform his duties of City Manager, then, in that event, Southlake agrees to provide the City Manager with the opportunity to retire plus a lump sum payment in an amount equal to three (3) months salary at the then current salary of City Manager. B. In the event City Manager retires before expiration of the aforesaid term of employment, then City Manager shall give the City of Southlake three (3) months notice in advance, unless both parties agree otherwise. Section 4. Salary Southlake agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of $115,000.00 payable in installments at the same time as other employees of Southlake are paid. Such annual salary may be modified from time to time by notice to City Manager, in writing, signed by the then Mayor or Mayor Pro Tern of the City of Southlake, and attached as an addendum to this Agreement. Section 5. Automobile Southlake shall acquire and maintain, as part of the City's fleet, an automobile for the exclusive use of the City Manager during the term of this Agreement. (4W Section 6. Sick Leave City Manager shall be entitled to sick leave and benefits on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 7. Vacation City Manager shall be entitled to vacation leave and benefits on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 8. Health Insurance Southlake agrees to provide medical, life insurance and other such benefits, and to pay the premium thereon, such benefits to be equal to that which is provided for all other city employees. Section 9. Retirement A. Southlake agrees to provide City Manager, to the full extent of his eligibility for same, retirement benefits under the Texas Municipal Retirement System, under the normal city retirement system in force on the date of retirement. Additionally, the City Manager shall be entitled to all retirement benefits on the same basis as for all other H:\LIBRARY\Southlake\Agreements\CityManager.FN4.wpd Page 2 general employees of the City of Southlake. B. Southlake agrees to provide and pay up to $300.00 per month towards the City Manager's health insurance until the City Manager reaches the age and eligibility for federal health insurance assistance in the form of medicare or medicaid, or in the form it is available at the time of the City Manager eligibility for such assistance. Section 10. Indemnification A. Southlake shall indemnify City Manager against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by him in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which he is made a party or with which he is threatened, by reason of being or because of any act as City Manager within the course and scope of his duties and employment hereunder if he acted in good faith and in a manner in which h4 reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. B. Notwithstanding the foregoing, he shall not be entitled to indemnification regarding (i) any matter in which he shall be adjudged to be liable for negligence or misconduct in the performance of his duties, or (ii) any matter in which he fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by his failure to give notice or to cooperate. Section 11. Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. Section 12. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional,invalid or unenforceable,the remainderof this Agreement,or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor and the below-named members of the Southlake City Council, duly attested by its City Secretary, and the City Manager has signed and executed this Agreement, both in duplicate, and day and year first above written. Rick Stacy, Mayor H:\LIBRARY\Southlake\Agreements\CityManager.FN4.wpd Page 3 City Manager: James W. Campbe 1 ATTEST: ``\�\\\�u�iunrni�z �§� So U r�1 ............ .1 :m = Sandra L. LeGrand, City Secretary:, : r1�k APPROVED AS TO FORM: W/c- City Attorney H:\LIBRARY\Southlake\Agreements\CityManager.FN4.wpd Page 4 October 20, 2000 Mr. Charlie Thomas Deputy Director of Public Works City of Southlake Dear Mr. Thomas, Thank you for continuing to work with Coventry Manor on the completion of the three speed bumps built last November. Of course you know we would still like the City to consider giving us one more bump at the top of the hill on Turnberry. As we discussed, the middle bump works the best, other than the sharp angle of the sides. All of our neighbors agree that the bump off of Peytonville is not effective at all and the bump off of Shady Oaks is a little severe. Again, we would be looking to have all three bumps be the same. The color of the center bump is perfect, the sides of course need to be cosmetically fixed. Please keep us posted on a completion time line. We look forward to working with you toward the completion of this project. Sinc ly, oa � Laura Hill, Secretary Coventry Manor Home Owners Board Home Owners Board Douglas Mayer. . . . . . . . 416-1 157 Gavin Phillips . . . . . . . . . 488-2591 Mike Baldwin . . . . . . . . . 329-5600 John Willard . . . . . . . . . . 329-6150 Laura Hill . . . . . . . . . . . . 25 I-1982 City of Southlake, Texas MEMORANDUM November 30, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Proposed Library Policies As you are aware, the Library Board and City staff have been working to develop some of the necessary policies and procedures for the operation of the library. The policies (attached) were developed by a sub-committee consisting of Library Administrator, Terry McLaughlin, Board Chair, Maria Cameron, and Board Member, Karen Cienki. They are the result of a review of local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The policies were reviewed, discussed, and approved for recommendation to City Council by the Library Board (7-0) at their November 15, 2000 meeting. The City Attorney's office has also reviewed the policies and their comments have been incorporated. A packet of information for new library patrons is currently being developed and will include a copy of selected policies, as well as a library registration form. This information is being prepared to coincide with the events planned for the Town Hall grand opening celebration. It is our desire to receive feedback regarding the policies from the City Council prior to the placement of this item on the January 2, 2001 agenda. Listed below is a summary of each of the policies, as well as additional pertinent information relating to the specific policy. A full set of the policies is also attached for your review. Any questions regarding this information can be directed to Terry McLaughlin, Library Administrator, at extension 714. You may also contact Maria Cameron, Library Board Chair at 488-4456, or Karen Cienki, Library Board Member at 488- 8204. Hours of Operation: Using the allotted funding for personnel, staff was able to develop a schedule allowing for a total of forty-four(44) hours of public operations. The proposed schedule is as follows: Monday 10:00 a.m. to 8:00 p.m. Tuesday 10:00 a.m. to 6:00 p.m. Wednesday 12:00 p.m. to 6:00 p.m. Thursday 10:00 a.m. to 8:00 p.m. Friday 12:00 p.m. to 6:00 p.m. Saturday 10:00 a.m. to 2:00 p.m. Sunday Closed Billy Campbell, City Manager November 30, 2000 Page 2 Borrower Privileges and Responsibilities: The purpose of this policy is to establish guidelines regarding borrowing privileges and library card requirements for residents, non-resident and City employees. The policy would allow for free library cards for residents, property owners, and City employees. Non-residents would be allowed to use the library and check out materials but would be charged a fee ($25 per year) comparable to the Grapevine Public Library. The policy would also limit the number of items that can be checked out by a patron on their first visit to three (3), limit videocassette checkout to patrons eighteen (18) years or older, and allow for termination of library checkout privileges to patrons with materials more than one circulation overdue or whose fees are $5.00 or greater. Fees and Extended Fees: This policy establishes the list of fee items for overdue materials, lost or damaged materials, and services provided by the library. The fees themselves are established through the City Fee Schedule as presented to the City Council for review annually. The list of fee items includes books, books on cassette, CD's, CD-ROM's, magazines (after three month circulation), videocassettes, copies, computer printouts, replacement library cards, and non-resident library cards. Additionally, the policy establishes replacement fees for lost or damaged materials over one year old, under one year old, using either retail replacement cost or average replacement cost. A copy of the proposed library fee schedule is included in the attachments and will be presented as part of agenda item IOB, Resolution No. 00-105, Amending Fee Schedule. Loan Lengths: This policy establishes loan lengths for various library materials. The proposed loan lengths are comparable to what other area libraries currently provide. Books 14 days New Books 14 days (no renewal) Audiocassettes 7 days Videocassettes 7 days CD's 7 days CD—ROM's 7 days Periodicals 7 days Reference Books Do not circulate Library Code of Conduct: This proposed policy was developed in order to ensure Southlake Library patrons a comfortable and pleasant atmosphere in which to read, study, and participate in programs. The policy prohibits the destruction or mutilation of library property, loud talking or boisterous behavior (running, excessive seat changing), eating, drinking, or the use of tobacco products, and states that personal modes of transportation such as bicycles, rollerblades, skateboards, and scooters are not allowed in the library. Any conduct deemed to be disruptive to the operations of the library, or threatening to patrons, staff, or library property will not be allowed. Failure to abide by this �W policy will result in a warning and/or expulsion from the library. Billy Campbell, City Manager November 30, 2000 Page 3 Unattended Children: This policy was developed to address concerns with unattended children in the library and applies to children under the age of twelve (12) years. While the library staff is committed to assisting children during their visits to the library, staff cannot, nor is it their responsibility, to serve as babysitters, teachers, or disciplinarians. The policy also states that children must be under the direct supervision of a parent, guardian, or caregiver at all times. When the safety of a child is in doubt, or the parent, guardian, or caregiver cannot be located, or if the library is closing, library staff is authorized to contact the police and to stay with the child until they arrive. Scheduled programs designed and suitable for attendance by children without parental supervision are the only exceptions and will be duly noted as such on the program announcement. Parental contact information is required should the parent decide not to attend the program. Donation Policy and Procedures: The Donation Policy serves as a guide for the acceptance, rejection, and use of various items donated to the library. The policy provides details regarding full City ownership of donated items and protects the ability to retain, display, interfile, or discard donated items at the discretion of the library. Furthermore, the policy provides information on the donation process, the ability of the Library Administrator to accept gifts up to $1,000 in value, Board acceptance of gifts over$1,000 in value, the ability to defer final approval of a donation to the City Council. Friends of the Southlake Public Library Policy and Southlake Library Foundation Policy: These policies were established to provide guidelines for the cooperative interaction between the Southlake Public Library and these two organizations. The policies define the general makeup of the Friends and Foundation, recognizes their efforts to contribute to the library as distinct and separate organizations, and sets forth library guidelines relating to City involvement in Friends and Foundation funding, programs, and activities. Essentially, the policy clarifies that both groups are stand alone organizations responsible for their own financial accounting and operations, and requires that advance notification and information be provided regarding any programs or activities planned on behalf of the Southlake Public Library. Internet Policy: The Internet Policy was established to provide guidance for the public use of the Internet. The policy states that services the library will not provide include, but are not limited to, newsgroups, personal e-mail, and chatlines. Patrons will not be permitted to load their own software and the City disclaims any responsibility for viruses that may be transmitted electronically. The policy further indicates that the City does not condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites (as defined by the Texas Penal Code in the Appendix to the Internet Policy). Failure to abide by this policy will result in a one week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Minors (under the age of eighteen) may have unrestricted Internet access only if the site desired is not available on the filtered computers and only if the parent or guardian signs an Internet parental consent form. Billy Campbell, City Manager November 30, 2000 Page 4 The Southlake Library will, through various means, make every attempt to prevent access to illegal sites and will strongly enforce the policy as written. Youth computers will be programmed to allow access only to predetermined sites. Individuals wishing to use the computers in the adult area will be required to sign an Internet user agreement form, as provided by the City Attorney, indicating that they have read and agree to abide by the policies established by the City of Southlake. Patrons will sign in each time and will be assigned a computer to use. Staff will visually monitor the computer workstations for appropriate use. Confidentiality: This policy indicates that records which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosures under the Texas Open Records Act. M AmemosVibrarypolicy.doc 5 Southlake Public Library Board Policies and Procedures Manual Policy: Hours of Operation Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in hours of operation. Policy Statement The Southlake Public Library maintains consistent,posted hours of service during which all services of the Southlake Public Library are available to patrons. Those hours are: MONDAY 10:00 A.M.to 8:00 P.M. TUESDAY 10:00 A.M.to 6:00 P.M. WEDNESDAY 12:00 P.M. to 6:00 P.M. THURSDAY 10:00 A.M.to 8:00 P.M. FRIDAY 12:00 P.M.to 6:00 P.M. SATURDAY 10:00 A.M.to 2:00 P.M. SUNDAY CLOSED Legal and Holiday hours will be posted with a two-week notice and subject to the annual City of Southlake employee vacation calendar.Hours of operation may be subject to change. � tti F clj ,r r' �4 nV` Southlake Public Library Board Policies and Procedures Manual Policy: Borrower Privileges and Responsibilities Source: Library Board Category: Administration EffectveDate: TBD Statement ofPurpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in borrower privileges and responsibilities. Policy Statement The Southlake Public Library issues resident(free), city employee(free) and non-resident(fee) library cards. Requirement to obtain a resident(free)library card: A. Must be a resident of or a property owner in Southlake. B. Must present positive proof of residence address(no P.O.Box)or property ownership, such as real or personal property tax statement. C. Mush complete and sign the application card. This card expires three years from date of issue. D. Any minor,as defined by the State of Texas,must have the signature of a parent or legal guardian on the application signed in the presence of a library staff member. Requirement to obtain a city employee(free)library card: A. Must be an active and current employee of the City of Southlake. B. Must present a current City of Southlake employee ID card. C. Must complete and sign the application card. This card expires one year from date of issue.The card is terminated upon employee resignation,retirement or termination. Requirement to obtain a non-resident(fee)library card: A. Must present positive proof of residence address(no PO Box). B. Must pay user fee as established by current City fee schedule. C. Must complete and sign the application card. This card expires one year from date of issue. D. Any minor, as defined by the State of Texas,must have the signature of a parent or legal guardian on the application signed in the presence of a-library staff member. 3 L WL ,4orrowers must be registered and must have a library card to borrow library materials.In order „r "to renew a library card,patrons must produce identification and must clear all outstanding fees. New borrowers are limited to three items on the first visit. Videocassette checkout will be limited to person's eighteen years and older. Patrons who borrow materials from the Southlake Public Library are responsible for returning them in a timely manner and in the same condition.Any person who holds materials more than one circulation overdue or whose fees have accumulated to$5.00 or more will forfeit library privileges until materials are returned and fees are paid. u tea.. .F Southlake Public Library Board Policies and Procedures Manual Policy: Fees and Extended Fees Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in fees and extended fees. Policy Statement The Southlake Public Library has established the following schedule for overdue materials as well as fees for lost and/or damaged materials and for other services provided by the Southlake Public Library. Materials extended use fees Books fees as established by current City fee schedule. Books on Cassette fees as established by current City fee schedule. CD fees as established by current City fee schedule. CD-ROM fees as established by current City fee schedule. Magazines fees as established.,by current City fee schedule. Videocassettes/DVD fees as established by current City fee schedule. Fees Copies fees as established by current City fee schedule. Computer printout fees as established by current City fee schedule. Lost card fees as established by current City fee schedule. Non-resident fees as established by current City fee schedule. Card S 'I K-4 tok or damaged 40siteriAls Borrowed materials are the responsibility of the library cardholder. In the case of children under the age of 18, it is the parents/guardian's responsibility to pay for the lost or damaged items in accordance with the following schedule of terms: 1. Retail replacement cost of any item which is lost or:damaged beyond repair and for which,a current price can be found.Double replacement costs or replacement cost plus $20 processing fee(whichever is less), will be levied`on any item less than 1:2 months old. 2. Average replacement cost for any item which is lost or damaged beyond repair and for which a current price cannot be found. Double average replacement cost or replacement cost plus$20 processing-fee(whichever is less), will be levied on any item less than 12 months old. 3. Repair costs for damaged items will be conveyed to the patron from the library staff after the damage is evaluated. p`d Fees Schedule for Library Services Materials extended use fee Books $.25 per day,not to exceed cost of the item. Books on Cassette $1.00 per day,not to exceed cost of the item. CD $1:00 per day,not to exceed cost of the item. CD-ROM $1.00 per day,not to exceed cost of the item. Magazines $.25 per day,not to exceed cost of the item. Videocassettes/DVD $1.00 per day,not to exceed cost of the item. Fees Copies $.15 per page Computer printout including Internet downloads,graphics, CD-ROM product information and personal work $.15 per grayscale page $.35 per color page Lost card $2.50 per card Non-resident card $25.00 per card/per year i i R: _r Southlake Public Library Board Policies and Procedures Manual Policy: Loan Lengths Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in loan lengths. Policy Statement Books 14 days New Books 14 days(no renewal) Audiocassettes 7 days Videocassettes/CD-ROM 7 days Periodicals 7 days Reference Books Do not circulate A maximum limit of six items per cardholder will be imposed. Southlake Public Library Board Policies and Procedures Manual Policy: Library Code of Conduct Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library Code of Conduct. Policy-Statement To insure that all patrons may have considerate use of the Southlake Public Library, appropriate behavior is expected. Violation of any of the following rules will result in a warning and/or expulsion from the property. Whenever necessary police will be contacted. The Library Administrator and supervisory staff have the authority to carry out all powers of this policy. 1. No loud talking or boisterous behavior(running, excessive seat changing, etc.) 2. No food or drink may consumed in the library(except with prior approval of the Library Administrator). 3. No smoking or tobacco product use. 4. No destruction or mutilation of library property. 5. No personal modes of transportation(i.e. bicycles, rollerblades, skateboards, scooters, etc.)are allowed in the library. 6. No conduct which is disruptive to the operation of the library, threatening to patrons, staff or library property, or otherwise in violation of any City ordinance or State law. s ski Southlake Public Library Board Policies and Procedures Manual Policy: Unattended Children Source: Library Board Category; Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for unattended children at the Southlake Public Library. Policy Statement Parents are responsible for the behavior of their children while they are in the library. The Southlake Public Library staff is committed to help children with activities related to the library. However,library staff cannot,nor is it their responsibility to serve as babysitters,teachers or disciplinarians.Violation of this policy is grounds for suspension of library privileges. Whenever advisable,the library will notify the parent or guardian of incidents involving an unattended child. Children under the age of 12 must be accompanied and directly supervised at all times by a parent,guardian,or other responsible caregiver. When the safety of an unattended child is in doubt;or the parent,guardian or responsible caregiver cannot be located or if the library is closing,library staff is authorized to call the police and stay with the child until the police arrive. From time to time the Southlake Public Library schedules or provides programs,which are designed and suitable for attendance by children without parental supervision. Such program announcements.will so indicate and if no indication is included then supervision is required. When so indicated,if the parent,guardian or caregiver intends to be absent,they must leave word at the circulation desk as to their whereabouts and,if possible, a phone number where they -or a responsible adult can be contacted. Children over the age of 12 may use the library unattended by an adult, subject to other library rules and policies concerning behavior,conduct and demeanor. t - S 4 Southlake Public Library Board Policies and Procedures Manual Policy: Donation Policy and Procedures Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy and the accompanying list of procedures is to provide consistent guidance for the consideration of donations to the Southlake Public Library. Policy Statement No donation can be accepted unless it is given to the Library without restrictions. In accepting a gift of materials,the Library reserves the privilege of deciding whether item(s)donated should be added to the collection. Generally,the material will be judged by the same standards of selection as those applied to the purchase of new materials. The Southlake Public Library accepts gift books with the understanding that books,which are useful to the library collection,will be retained, and other books disposed of in whatever manner the librarian deems appropriate. The Library reserves the right to interfile gifts with other collections on the same subject, so that all collections are organized and classified according to the library standards for the best public service. The Library welcomes monetary contributions specifically for book purchases in memorial to or in honor of named individuals.For memorial books to the library, the Library may place within the book the name of the individual(s) and donor, if,desired. In order that the Library can properly honor the generosity a special form to record the information is used and should be completed. Individuals,businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form provided by the Library for this purpose. Although donation of art objects and other types of materials are usually welcomed and valued, final decision on their acceptance rests with the Library Administrator and the Library Board: The Library welcomes cash contributions, gifts of real property, stocks and bonds. Although it is unlikely, there may be an occasion in which the restrictions set by the donor make it impossible . . 1., `a for the Library to'accept the contribution. All donations are subject to the approval of the Library r' Administrator,and also the approval of the Library Board for donations valued at over$1,000. All gifts are accepted with the understanding that they may someday be sold or disposed of if necessary or in the best interest of the library. The library cannot commit itself to perpetually house any donation. The,library cannot appraise the value of a donation of materials or arts for income tax implications. i� Procedures 1. Individuals,businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form provided by the Library for this purpose. II: The proposal should include a description of the donation, and if applicable, pictures and/or-drawings of the donations, and list the value of the donation. M. The Library Administrator shall make the determination to approve all proposed donations valued at less than$1,000. IV. The Library Administrator will review and forward comments/recommendations on all donation proposals valued at over$1,000 to the Southlake Public Library Board for their review at the next regular Board meeting. V. The Library Board will consider the proposed donation and make a determination, which may include comments/recommendations At the Board's discretion, donations may be forwarded to the City Council for final approval. VI. The,Southlake Public Library reserves the right to accept or reject any item(s) submitted for approval: VII. The potential donor reserves the right to withdraw the proposed item at any time during the approval process,until final approval by the Library. VIII. All item(s)will be considered for acceptance on an item by item basis. IX. All accepted donations to the Southlake Public Library will become the property of the Southlake Public Library, and will be used at the discretion of the City. f . x z Southlake Public Library Board Policies and Procedures Manual Policy: Friends ofthe Southlake Public Library Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide general guidance for the cooperative interaction between the Souddake Public Library and the Friends of the Southlake Public Library. Policy Statement The Friends of the Southlake Public Library is distinct and separate from the Library, and neither the Friends as an organization nor any member orparticipant thereof may assume any liability or take or authorize any act on behalf ofthe Southlake Public Library. The Friends of the Southlake Public Library provide assistance to the Library staff as needed and may undertake ongoing fundraising projects. Because the Friends of the Southlake Public Library is an organization comprised solely of volunteers distinct and separate from Library personnel,Library personnel shall not take direction, instruction, or supervision from the Friends, nor perform any duty or take any act on behalf of the Friends, except Library staff may act in an advisory capacity for Friends activities. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Friends funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Friends maybe accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Friends funds,those funds shall be kept as separate"funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Friends of the Southlake Public Library activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Programs adopted by the Friends shall not be part of the-budget of or funded by the Southlake Public Library. 4 y i Southlake Public Library Board Policies and Procedures Manual Policy: Southlake Public Library Foundation Source Library Board Category: Administration Effective Date: TBD Statement of Purpose The,purpose of this policy is to provide general guidance for the cooperative interaction between the Southlake Public Library and the Southlake Public Library Foundation. Policy Statement The Southlake Public Library Foundation is distinct and separate from the Library, and neither the Foundation as an organization nor any member or participant thereof may assume any liability or take or authorize any act on behalf of the Southlake Public Library. The Southlake Public Library Foundation shall be responsible for fundraising for long term capital improvements. Because the Southlake Public Library Foundation is an organization comprised solely of volunteers distinct and separate from Library personnel,Library personnel shall not take direction, instruction, or supervision from the Foundation, nor perform any duty or take any act on behalf of the Foundation. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Foundation funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Foundation may be accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Foundation funds,those funds shall be kept as separate"funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Southlake Public Library Foundation activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Activities adopted-by the Foundation shall not be part of the budget of or funded by the Southlake Public Library. ' F Southlake Public Library Board Policies and Procedures Manual Policy; Internet Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the public use of the Internet at the Southlake Public Library. Policy Statement The Library is not a full service Internet provider. Services which will not be available include, but are not limited to,newsgroups, chatlines, and personal electronic mail accounts. Patrons will not be permitted to load their own software. The City of Southlake disclaims any responsibility to monitor for or prevent viruses that may be transmitted electronically. Patrons are advised to take precautions for eliminating virus or other software corruption. The City of Southlake does not promote or condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites. * Further, the City finds there is material on the Internet,while not obscene,that is not appropriate for minors due to explicit sexual descriptions or graphics. The City recognizes that minors may utilize Library resources, including the Internet,outside of their parents' presence. The City of Southlake, through the Library,has a compelling interest to assist parents in protecting the welfare of minors** who are vulnerable and unable to make critical decisions in an informed and mature manner. Failure to abide by the aforementioned policy may result in,a one-week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Anyone wishing to utilize the Internet must possess a Southlake library card. Minors must have a parent or guardian make an election for the use of a filtering program for Internet use by the child.Minors whose parents or guardian allow them to have unrestricted Internet use and adults may access the unfiltered computer if the sites)desired is not available on the filtered computer. Even filters cannot insure that obscene and other illegal materials are not available. Due to the „i' Internet capability to constantly change and establish new sites, user expertise, and other • t,t f • technology, it is still passible to access illegal, obscene or offensive sites. The City of Southlake makes guarantee-that such access will not occur even with the use of filters. The selection of a feltgrg Pr ogram is solely within the discretion and judgement of the City. Users must accept nns•bility for"information displayed or printed during their Internet session. THE CITY OF SO �IC .AKE`EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY RESULTING FROM THE USE OF ITS COMPUTER SYSTEM,.SELECTION OF A FILTERING PROGRAM,ACCESS TO THE INTERNET,DATA,INFORMATION, OR MATERIAL ON THE INTERNET, OR THE USE OR MISUSE OF INFORMATION FROM THE INTERNET. APPENDIX *ILLEGAL MATTERS Illegal materials are those that meet the definition of obscenity and harmful materials to minors as defined by the Texas Penal Code,Sections 43.21 and'43.24 as follows: The Texas Penal Code defines obscenity as: "Material the average person applying contemporary community standards would find that taken as a whole,it appeals to prurient interest in sex; and depicts or describes patently offensive representation or description of: Ultimate sexual acts,normal or perverted, actual or simulated, including sexual intercourse;sodomy,and sexual bestiality; or, Patently offensive representations or description of masturbation,excretory functions,sadism,masochism,lewd exhibition of the genitals,the male or female genitals in,a state of sexual stimulation or arousal,covered male genitals in a discernable turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and, Taken as a whole,lacks serious literary, artistic,political or scientific value." T.P.C.43.21 The Texas Penal Code defines material harmful to minors as material whose dominant theme taken as a whole: Appeals to the prurient interest of a minor in sex,nudity,or excretion: Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and Is utterly without redeeming social value for minors. T.P.C. 43.24 "MINORS Persons who are under 18 years of age. e �s Southlake Public Library Board Policies and Procedures Manual Policy: Confidentiality Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in confidentiality. Policy Statement Records of this library which identify or serve to identify a person who requests,obtains,or uses library materials or services are confidential and are excepted from required disclosure under the Texas Open Records Act. (v,W MONTHLY CODE ENFORCEMENT REPORT NOVEMBER 2000 SIGNSIN R.O.W....................................123 VEHICLES TAGGED.............................. ..................••••••••••• 4 FOOD VENDORS................................... i TRASHCONT....................................... HIGH GRASS/WEED CASES.................... 3 TOTAL CASES FOR MONTH.................. 45 (w TOTAL (excluding high grass/weeds)............174 L SoUthlake's Public Eve A monthly report of the City of Southlake Public Information Office • December 2000 Southlake On-Une Media Relations The City's official Web site During the month of November, So far in calendar year 2000, 1,728 enjoyed yet another 'record the Public Information Office han- media clips have been archived. dled an average of slightly more A complete list of news articles month during November, than three media calls per day, archived, and copies of specific arty 2000, with 28,357 base hits exclusively from local newspaper cles, are available upon request and 7,034 user sessions. reporters. from the Public Information Office. Both of those figures are A total of 114 media clips were An archive and index of past about 7 percent.above prey- archived during November, lower media clips also is being compiled. ous beets fora month: than in previous months but still an Currently, material is available from Total monthly trafFic was average of nearly four clips per day. December 1996 to the present. aproximetely 40,000 hits..: Town Nall Opening Plans For the year; we.are averag ing Z00 :user sessions.and As you can imagine, there is a to admire the building's interior. ► ofe than_BOO. ase. hb.'per. great deal of interest in the com- Assuming we remain on sched- tlay.That is compared to just munity in the new Southlake Town ule for a Jan. 2 opening date, there 3�t0 bSe', hits ',per day �as Hall. The city already has received will be a ribbon-cutting ceremony recently;as November 1999; multiple requests to stage events that morning involving both city visitors continue to show,an,; at the new facility, including a and county officials. blood drive and a middle school A larger Town Hall Dedication interest in receiving a mail class reception. Celebration is being planned for updates for,specific,prajects,�, A media tour was conducted Saturday, March 24, in conjunction and SPIN meetings. We now through Town Hall the week before with Town Square's second birth- have 407; page subscribers'; Thanksgiving, and a limited num- day party. Activities will include and._- 1,68 SPIN--subscribers. ber of other tours have been guided tours, tree plantings, pre- During N m.ber.we�added. arranged for local groups actively sentations by a delegation from a Jellico ' Towne Crossing involved with Town Hall functions Toyoma, a dedication ceremony, (such as the library). Other than and a City Fair with display booths .page to the subscription list. that, the public is being asked to from all departments and major Once we finishing process- wait until Town Hall officially opens divisions. ing the sign in sheets,from two SPIN meeftngs held,last City Cable 7 month on iellico Towne Crossing; our subscription The regular broadcast schedule for to broadcast multiple meetings dur- list should increase by` at City Cable 7 during November again ing a single programming week and least 50=people. included taped meetings of the City also to intersperse public service 80-VirL diflons to tie Council, Planning &Zoning announcements or other special pro- Commission, and Tarrant County gramming. Currently those "special" site are„being planned for.; Commissioners. programs only can run when the city December 2000. The,", City. There is reason to believe that we or county meetings are short enough Council . member prohle will be able to offer expanded pro- to leave one of our three decks pages are being dramatically gramming by early 2001. open. upgraded;and given 'several Currently the city is drafting a Also, the equipment and wiring will „ interactive features.Also, we cable franchise agreement with Wide be available in the new Southlake hope .to 'improve the open Open West. That contract would Town Hall to enable live broadcasts bids list by allowing 'visitors include equipment or money for of City Council and Planning & to download specification equipment that would add as many Zoning Commission meetings. A as three tape decks to our current more specific timeline is under devel- documents. set up. That, in turn, would enable us opment for live broadcasts. Submittals Received on November 27, 2000 Next DRC Meeting is December 7, 2000 RESUBMITTALS CASE DESCRIPTION ZA00-117 SPECIFIC USE PERMIT Voice Stream Wireless Telecommunication Tower Location: Bicentennial Park Current Zoning: "S-P-V Detailed Site Plan District with "CS" Community Service District uses Applicant: Voice Stream Wireless Staff Contact: Ken Baker ZA00-121 REZONING/CONCEPT PLAN Richards Addition(Formally known as Lot 4,Block 1, OW Knight Survey, Abstract No. 899) Location: On the south side of East Southlake Blvd., approximately 350' west of Byron Nelson Parkway Current Zoning: "AG" Agricultural Requested Zoning: "S-P-2" Generalized Site Plan District with Office & Restaurant uses Applicant: J.W. and Constance Richards Staff Contact: Ken Baker PRE-SUBMITTALS CASE DESCRIPTION ZA00-124 REZONING/CONCEPT PLAN Gateway Church Location: On the south side of East Southlake Boulevard(FM 1709), approximately 650' east of Westwood Drive Current Zoning: "AG" Agricultural Requested Zoning: "CS" Community Service District Applicant: George Grubbs Staff Contact: Dennis Killough ZA00-126 ZONING CONCEPT PLAN Gumm Professional Office Location: On the south side of East Southlake Boulevard(FM 1709), approximately 450' east of Westwood Drive Current Zoning: "AG" Agricultural Requested Zoning: "O-l" Office District Applicant: Charles C. Gumm c/o Sun Coast Architects, Inc. Staff Contact: Ken Baker ZA00-127 SITE PLAN Big Bowl Restaurant Location: On the northeast corner of the intersection of East Southlake Boulevard (FM 1709) and North Nolan Drive in Gateway Plaza, Phase 11 Current Zoning: "S-P-2" Generalized Site Plan District Applicant: Brinker International Staff Contact: Dennis Killough ZA00-128 REVISED SITE PLAN Block 2, Phase 1 Southlake Town Square Location: Northeast corner of North Carroll Avenue and Main Street Current Zoning: "NR-PUD"Non-Residential Planned Unit District Applicant: Cooper& Stebbins Staff Contact: Dennis Killough ZA00-129 REVISED SITE PLAN Block 5, Phase 1, Southlake Town Square Location: Northwest corner of East Southlake Boulevard(FM 1709) and Central Avenue Current Zoning: "NR-PUD" Non-Residential Planned Unit District Applicant: Cooper& Stebbins Staff Contact: Dennis Killough ZA00-130 REZONING Clariden Ranch Location: On the west side of North White Chapel Boulevard, approximately 1400' south of Bob Jones Road Current Zoning: "AG" Agricultural Requested Zoning: "SF-IA" Single Family Residential District Applicant: Terra Land & Cattle Co. Staff Contact: Ken Baker ZA00-131 PRELIMINARY PLAT Clariden Ranch Location: On the west side of North White Chapel Boulevard, approximately 1400' south of Bob Jones Road Current Zoning: "AG" Agricultural Requested Zoning: "SF-IA" Single Family Residential District Applicant: Terra Land & Cattle Co. Staff Contact: Ken Baker ZA00-132 REZONING/SITE PLAN Quicktrip Location: On the southwest side of East Southlake Boulevard(FM 1709) and Commerce Street Current Zoning: "I-1" Light Industrial District Requested Zoning: "C-3" General Commercial District ,. Staff Contact: Ken Baker ZA00-133 REZONING/CONCEPT PLAN Lots 5R1-RI & 5R1-R2 Parker's Corner Location: On the west side of Davis Boulevard(FM 1938), approximately 400' south of West Southlake Boulevard Current Zoning: "AG"Agricultural and"C-2" Local Retail Commercial Requested Zoning: "S-P-2" Generalized Site Plan District with "C-2" uses Applicant:: Drews Realty Group Staff Contact: Ken Baker ZA00-134 SITE PLAN Sonic Drive-In Restaurant Location: On the west side of Davis Boulevard(FM 1938), approximately 400' south of West Southlake Boulevard Current Zoning: "AG" Agricultural and"C-2" Local Retail Commercial Requested Zoning: "S-P-2" Generalized Site Plan District with 11C-2" uses Applicant:: Drews Realty Group Staff Contact: Ken Baker ZA00-135 PLAT REVISION Lots 5R1-RI & 5R1-R2 Parker's Corner Location: On the west side of Davis Boulevard (FM 1938), approximately 400' south of West Southlake Boulevard Current Zoning: "AG" Agricultural and"C-2" Local Retail Commercial Requested Zoning: "S-P-2" Generalized Site Plan District with "C-2"uses Applicant:: Drews Realty Group Staff Contact: Ken Baker City of Southlake, Texas MEMORANDUM November 30, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 772) SUBJECT: Award of bid for Southlake Public Library furnishings Action Requested: City Council authorization to award the bid for the Southlake Public Library furnishings to Libra Tech Corporation in the amount of$168,301.84. Background Information: The Library Board and City staff have been working with the architectural firm of Hidell and Associates over the last nine months to determine the scope and specifications for the library furnishings. Items reviewed include library shelving, tables, chairs, study carrels, computer stations, and circulation desks for the main, reference, and children's areas. Based on the information derived from the process, library furnishings specifications were developed, advertised, and opened per State bidding procedures on October 31, 2000. The furnishings bid specifications were divided into four sections, the adult area, children's area, staff work area, and third floor work area. The low bid was to be awarded in each section, however, a partial bid of any one section would not be considered as an acceptable bid for that section (per page SC-1 of the Bid Specifications). Two bids were received, however Library Design Systems of Houston, Texas, was disqualified from bidding on Section Two (2) for failure to submit a complete bid. They were also disqualified from Section One (1) following the review of several substitution items that were determined by the architect to not substantially equal the specifications as detailed in the bid documents. As a result, Libra Tech Corporation, which is low bidder in Sections Three (3) and Four (4), became low bidder in Sections One (1) and Two (2) by default. They submitted a total furnishings bid of$168,301.84. Libra Tech Corporation is a well known firm specializing in the delivery and installation of library furnishings. They have worked with such entities as the Fort Worth Public Library, Plano Public Library, Dallas Public Library, Little Rock Public Library, and the Hurst Public Library. A reference check was performed with the aforementioned entities and Libra Tech Corporation has earned a reputation for providing quality workmanship, timely delivery, and good customer service. J46=01 Billy Campbell, City Manager November 30, 2000 Page 2 Financial Considerations: Funding in the amount of $1,139,000 is currently available in the TIF for library related items with $161,500 earmarked for furnishings, $172,000 for automation, and $805,500 for resource materials. It is recommended that the difference ($6,802) between the proposed budget ($161,500) and the low bid ($168,301.84) be absorbed within the existing library funding allocated in the TIF. Citizen Input/ Board Review: The Library Board voted (5-0) to recommend to City Council the award of bid for Sections 1 through 4 of the Southlake Public Library Furnishings project to Libra Tech Corporation in the amount of$168,301.84. Legal Review: Process followed State bidding procedures. Alternatives: Alternatives include: - Reject all bids and re-bid the project. Supporting Documents: Supporting documents include the following items: - Bid Tabulation - Letter from Hidell and Associates - Letter to Library Design Systems Staff Recommendation: City Council award of bid for Sections 1 through 4 of the Southlake Public Library Furnishings project to Libra Tech Corporation in the amount of $168,301.84. YBMZW City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Southlake Public Library Furnishings PROJECT NO: N/A DATE: October 31, 2000 WORKING DAYS: Ninety (90) days EST.: $ 160,000 .................. ............ ...............- ....... ... ..... ........- ...........- ............ .... ........ .......... ............. .44 Sec 7Sac S 41' ................. ...... ut ......... ...... ... ....... .... ...... ............... .......... ............- .......... .......... ... ..... ............... . ....... ................ .......... .......... ... ........ Libra-Tech Corporation 838 Dove Creek Road Yes $140,529.76 $16,482.20 $6,138.19 $5,151.69 $168,301.84 Argyle, TX 76226 (940) 464-3033 Library Design Systems, Inc. Yes Disqualified Disqualified $8,168.76 $11,216.88 $19,385.64 519 Pecore (Sections 3 Houston, TX 77009 and 4) (713) 869-4168 06-63-0003 �w S"B-3 'w m. November 10,2000 1-111)(0 U. A S 5 0 C I A T E S Mr.Steve Polasek A R C H I T E C r s Deputy Director City of Southlake 400 N.Whitechapel Southlake,TX 76092 Re:Southlake Public Library Furnishings Dear Steve: Hidell and Associates Architects disqualifies the documents submitted by Library Design Systems dated November 7,2000 as they do not "substantially equal'the Southlake Public Library Furnishings Specifications dated October 31,2000. Hidell Architects found the following inconsistencies: Product Specified: Product Submitted: Palmieri-Ambassodar Reading Table ILF-Sovereign Reading Table Reading Tables RT-1 and RT-2 specify The drawing labeled"End Elevation a Post Leg appearance reference Page RT 1 &RT2",as well as,the product SP-2. specifications RT-I and RT-2 do not indicate a post leg appearance. Product Specified: Product Submitted. Palmieri-Linx Ambassodar Circulation Desk No information was submitted to Hidell and Reference Pages SP-6 and SP-7 for the Associates Architects. following specifications: General, Tops,Tops Ambassador Series, Decorative Post Leg,Cabinet Assembly Construction,End Panels,Drawers, Adjustable Shelves All Series, Cupboard Doors,Patron Ledge,and Cabinet Dimensions All Series. If you have any questions regarding this recommendation please do not hesitate and call. Sin rely, 13)k Aaron Babcock Hidell&Associate Architects Cc: David Baucom,Library Design Systems 30 33 K.cllwny Drive Suit. 120 • Carrollton, Texas 75006-2505 • 972 416-4666 • FAX 972 416 0169 • E-MAIL hidello4 idcll corn �B- y ' ity of Southlake I V,kv Community Services November 13, 2000 Mr. David Baucom Mayor: President Rick Stacy Library Design Systems, Inc. Mayor Pro Tem: 519 PeCOre Gary Fawks Houston, Texas 77009 Deputy Mayor Pro Tem: Ronnie Kendall Re: Southlake Public Library Furnishings Councilmembers: Rex Potter Keith Shankland Dear Mr. Baucom: Greg Standerfer Patsy Dupre I regret to inform you that your company's bid on Section 1 — City Manager: Adult Area and Section 2 — Children's Area, have been Billy Campbell disqualified from the bid process. In regards to Section 1, based Assistant City Manager: on the information provided by Library Design Systems to the Shana Yelverton project architect, Hidell and Associates, it was determined that City Secretary: the alternates submitted for the reading tables (RT-1 and RT-2) Sandra LeGrand are not substantially equal to those specified in the bid documents. Furthermore, no information was received regarding circulation desks for the main area, children's area, and reference. As a result they could not be approved as an equal. In regards to Section 2 — Children's Area, items number 31, 32, and 33 were listed as a no bid. Per paragraph two of the Special Conditions of the Bid Specifications, partial bids of any one section shall not be considered. The City of Southlake appreciates your participation in the bid process for the library furnishings and will include your firm in any related future projects. Should you have any questions or need additional information, please contact me at (817) 481-5581, ext. 772. Sincerely, 1*1�A�� Steve Polasek Deputy Director of Community Services cc: Kevin Hugman, Director of Community Services 400 N. W CM, i lake, Texas 76092 (817)h' 1 F 17) 421-2175 "AN EQUAL OPPORTUNITY EMPLOYER" City of Southlake, Texas MEMORANDUM November 29, 2000 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Resolution No. 00-107: A resolution supporting the introduction and passage of legislation which modifies the requirements for authorizing the holding of a citywide local option election to allow a city located in more than one county the ability to hold a local option election. Action Requested: Approve the attached resolution. Background Information: The attached question & answer summary should address any questions related to this issue. Basically the situation is such that Texas Cities that are wholly within a single county have the right to hold a Local Option Election (LOE) and Cities that are within multiple counties cannot hold such an election. This resolution supports an initiative to change the law. We have had continued strong support and initiative from our State Representative Vicki Truitt on this issue. Financial Considerations: Not applicable Citizen Input/ Board Review: Not applicable Legal Review: Our city attorney has previously reviewed this resolution. Alternatives: None. Supporting Documents: LOE 2001 Status Report-Described various support throughout the state. LOE Question &Answer Summary Staff Recommendation: Approve the resolution attached. _4 ��' l LOE . 2001 STATUS REPORT Equal Voting Rights! Equal Voting Rights for Multi-County Cities! November 13,2000 This Status Report is intended to provide a summary of the current support for the legislative initiative as noted below. INITIATIVE SUMMARY: Submit and support legislation in the upcoming 2001 legislative session that will change the Texas Alcohol and Beverage Code (TABC) to allow cities within multiple counties the right to hold a Local Option Election (LOE) on all entitlements regulated by the TABC, a right currently enjoyed by cities contained wholly within a single county. There is considerable support documented for this initiative, growing every day. Currently there are approximately thirty-two (32) cities who have expressed support representing a population of approximately 430,500 people. These cities are represented by approximately fifteen (15) different State Senators and approximately twenty-five (25) different State Representatives whose individual support will be solicited in the coming months. Please continue to be active in your support of this initiative. REQUESTED CITY ACTIONS 1. MUNICIPAL SURVEY: If you have not already done so, please completely fill out and return the "Municipal Survey" so that your opinion / support on this issue can be documented. IT IS VERY IMPORTANT THAT WE COLLECT THIS INFORMATION FOR EVERY CITY IMPACTED. 2. RESOLUTION OF SUPPORT: If you have not already done so and are in support of this initiative, please have your governing body pass a resolution of support. I can E-mail this to you or fax you a copy of the recommended resolution. 3. LEGISLATIVE SUPPORT LETTERS: It is approaching the time when legislators are evaluating their list of initiatives for the upcoming session. If you are in support of this initiative,please contact your elected representatives and remind them of this issue and encourage their support. A potential format for such a letter is availably. I would also recommend attaching the Question and Answer Summary to your letter as a background for them to understand. If you receive confirmation that your legislators will be in support,please forward that information to me for documentation. CONTACT: (Please return any feedback/support for documentation) Greg Last, Director of Economic Development City of Southlake, 667 N. Carroll, Southlake, Texas 76092 PH: (817)481-5581, ext. 750 FX: (817) 251-9051 EM: glast@ci.southlake.tx.us ZC LOE 2001 -Equal Voting Rights for Multi-County Cities-Status Report 11-13-00 Pagel of 3 CITY SUPPORT SUMMARY SUPPORT BY FORMAL RESOLUTION: The following cities have currently documented or are in the process of documenting their support via approval of a formal resolution by their governing body. Aransas Pass Frisco Lueders San Diego Trophy Club Azle Grand Prairie Lytle Seabrook Troup Copperas Cove Haslet Mabank Southlake Venus Flower Mound Leander Reklaw Tatum Westlake Winnsboro SUPPORT W/O RESOLUTION: The following cities have said they were supportive of the initiative but not by resolution. Bullard Nixon Richardson Schertz Waller Friendswood O'Donnell Selma Stamford Windthorst Missouri City YET TO RESPOND: The following cities have been contacted but have not responded. Many are in the process of evaluating their legislative agendas and their level of support for this initiative. If you have a personal contact in one of these cities, please contact them and encourage their formal support. Ackerly Deport Mansfield Pernitas Point Tomball Bartlett East Mountain Mustang Ridge Portland Uhland Blackwell Easton New Berlin Rowlett Valley Mills Bruceville-Eddy Evant Niederwald Sachse Warren City Cedar Hill Garland Normangee San Marcos Wichita Falls Cedar Park Glenn Heights Old River-Winfree Seagoville Wylie Combine Golinda Overton Shoreacres Zibolo Corpus Christi Katy Pearland Stafford Dallas Pecan Gap Streetman There have been some cities who desire to take no position on this initiative at this time. Reasons given are varied but can be represented by the following comments: • Second county is only small area...do not feel like they will ever have another election. • City is 99%residential with no commercial, is also landlocked and anticipates no annexations. • Entire area is wet, dry or some combination and leadership is content with that status. • In support but won't pass a resolution because they don't want to pay an attorney to review it. L LOE 2001-Equal Voting Rights for Multi-County Cities-Status Report 11-13-00 Page 2 of 3 OTHER ORGANIZATIONS TEXAS MUNICIPAL LEAGUE: The delegates of the 1999 TML convention in Dallas passed a resolution in support of this legislative initiative on November 17, 1999. We anticipate continued support from TML on this issue. TEXAS ECONOMIC DEVELOPMENT COUNCIL: The TEDC has passed a resolution of support for this legislative initiative. (Thanks to Jim Gandy of Frisco for presenting this.) LEGISLATIVE ACTIONS STATE SENATORS: The following State Senators represent districts with cities that are in support of this initiative. (IMPORTANT: This does not intend to say that the senators are in support. This will be determined in the future.) Kenneth Armbrister Chris Harris Frank Madla Bill Ratliff Jeff Wentworth David Cain Tom Haywood Jane Nelson David Sibley Judith Zaffirini Robert Duncan Mike Jackson Drew Nixon Carlos Truan Troy Fraser STATE REPRESENTATIVES: The following State Representatives represent districts with cities that are in support of this initiative. (IMPORTANT: This does not intend to say that the Representatives are in support. This will be determined in the future.) Clyde Alexander John Davis Patricia Gray Tracy King Paul Sadler Ray Allen Craig Eiland Rick Green Edmund Kuempel Ignacio Salinas Leo Berman Domingo Garcia Rick Hardcastle David Lengefeld Todd Staples Betty Brown Toby Goodman Judy Hawley Jerry Madden Vicki Truitt David Counts Tony Goolsby Fred Hill Brian McCall Arlene Wohlgemuth U.S. LEGISLATORS: Although they will not vote on this issue, the following U.S. Senators and Congressman represent districts with cities that are in support of this initiative. (IMPORTANT: This does not intend to say that these legislators are in support. This will be determined in the future.) Phil Gramm Dick Armey Kay Bailey Hutchison Tom DeLay Joe Barton Available Support Documents (may be attached in some instances) 1. Municipal Survey Form 2. Standard Support Resolution Form 3. Example legislator support letter 4. LOE 2001 - Question and Answer Summary LOE 2001 -Equal Voting Rights for Multi-County Cities-Status Report 11-13-00 Page 3 of 3 Local Option Election-Equal Voting Rights 2001 Legislative Initiative Question and Answer Summary Following is a summary of questions regarding the local option election (LOE) 2001 legislative initiative. The questions are generally organized by groups of similar topics. It is anticipated that this list will be updated frequently as new questions arise. If you have a question you would like answered, please forward the question to Greg Last via fax at (817) 251-9051 or E-mail: lg ast(i�ci.southlake.tx.us and it will be added to the list. MISCELLANEOUS ACRONYMS/DEFINITIONS: 1. LOE: Local Option Election, this acronym represents a process where a political subdivision (City, Justice of the Peace Precinct, County) can hold an election locally to determine any aspect of the law regulated by the TABC. 2. TABC: Texas Alcohol&Beverage Code 3. JP Precinct:Justice of the Peace Precinct 4. Political Jurisdiction: A political jurisdiction as it is referred to in the TABC can be either a Municipality, County, or Justice of the Peace Precinct. BACKGROUND INFORMATION: 1. Has this topic been presented before the legislature before? Answer: Yes, the topic has been presented in past years in various forms but has never passed. 2. How many cities are affected by the multi-county impediment? Answer: Approximately 105 cities throughout Texas are encumbered by more than one county within their municipal limits. 3. Wasn't there a related bill passed in the 1999 Legislative session? Answer: Yes, H.B. 1814 (Brimer) was passed in the last legislature. This bill allowed for cities contained in more than one county to hold a LOE limited to "...the sale of mixed beverages in an establishment that holds a food and beverage certificate..."or basically mixed drinks in restaurants. PROPOSED HOUSE BILL SUMMARY: 1. What legislator(s) is intending to submit a proposed bill? Answer: The City of Southlake's State Representative (District 98) Vicki Truitt is committed to submitting a bill for the upcoming 2001 legislative session. 2. Can other Representatives or Senators join in support of the bill? Answer: Yes, Representatives can co-author the bill through the House and Senators can co- sponsor the bill through the Senate. � S LOE 2001-Question and Answer Summary August 2, 2000. Page 1 of 3 3. What are the critical aspects of the bill that will change the law? Answer: The critical aspects of the bill are as follows: a) Amends Subchapter A, Chapter 251 of the Alcoholic Beverage Code by adding a new Section 251.18 entitled 'Election in Certain Cities and Towns'which applies only to cities or towns located in more than one county. b) Any election conducted under this chapter would be conducted by the city or town instead of the county. c) The City or Town shall pay the expense of the election. d) Any action to contest the election may be brought in the district court of any county in which the City or Town is located. LEGAL/LAW ISSUES: 1. What is the problem with the laws as they currently exist? Answer: The law currently does not accommodate a process whereby cities that are contained within more than one county may hold a local option election on any entitlement regulated by the TABC other than mixed drinks in restaurants (amendment approved in 1999 legislative session) 2. Upon whose opinion is this based? Answer: The Texas Attorney Generals Office issued opinion JM-468 on April 4, 1986 which makes the following main points. a) Article XVI, Section 20, of the Texas Constitution is not self-enacting. b) Texas statutes authorize only the county commissioners court to order a local option election in an incorporated city on the issue of the sale of mixed alcoholic beverages. c) The county commissioners'court does not have authority or power to order and direct a local option election in a city lying partly in two counties. 3. What are the main procedures currently for a local option election? Answer: The main steps for holding a local option election are as follows: a) A request for a petition is presented to the election administrator in the political jurisdiction. b) You have 30 days from receipt of the petition to obtain all the required signatures. c) You must obtain the signatures of 35%of all registered voters in the political jurisdiction. d) The signatures are only valid if the following are met: • It must be identical to the name as shown on the voter registration card. • All information on the petition must be written in the hand of the signer, i.e. the voter registration number must be written by the signer, it cannot be typed on or added to the form before or after signatures. • You must have the voter registration number for every person signing the petition. e) An election is held and a majority of those voting approve the election. 4. Does this 2001 Legislative Initiative intend to change any of these procedures? Answer: No 5. What alternatives are there legally to having a city hold a LOE? Answer:Although a city within more than one county cannot currently hold a LOE, a LOE can be held by either a County as a whole or a J.P. Precinct as a whole. Note that all the criteria for LOE 2001-Question and Answer Summary f5c ` (0 August 2, 2000. Page 2 of 3 holding a LOE must be met on an entire county-wide or entire J.P. Precinct basis, i.e. 35%of all the registered voters in the county or J.P. Precinct must sign a petition requesting the election. In many instances there are cities that are a very small portion of the larger political jurisdiction, often requiring signatures on the petition in greater number than the entire population of the city. SCHEDULE QUESTIONS: 1. What are the critical time aspects of getting this 2001 LOE initiative approved? Answer:A bill must be submitted by 2. What opportunities are available for public input? Answer: There will be a "Testimony Hearing"before a House Committee shortly after submittal of the bill. At this time all parties are allowed to comment both for and against the bill. MISCELLANEOUS QUESTIONS: 1. Is the LOE 2001 initiative the same as a local option election regarding particular alcoholic uses? Answer: No, The LOE 2001 initiative is intended to allow a city in more than one county the abili to hold a local option election, which is different from the city actually holding the election. The LOE initiative is a statutory amendment presented before the Texas House of Representatives and Senate in order to get the law changed. A true local option election is called by an adequate petition of interested parties and allows an individual political jurisdiction the ability to call an election on any topic regulated by the TABC. LOE 2001-Question and Answer Summary �7August 2, 2000. Page 3 of 3 e RESOLUTION NO. 00-107 A RESOLUTION SUPPORTING THE INTRODUCTION AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A CITY LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL OPTION ELECTION. WHEREAS, approximately 105 cities in the State of Texas are within the jurisdictional boundaries of more than one County; and WHEREAS, the Texas Alcoholic Beverage Code governs the holding of local option elections for citizens to approve or prohibit the sale of alcoholic beverages; and, WHEREAS,the office of the Attorney General of Texas,through opinion No. JM-468 has opined that: • The Texas Constitution,Article XVI,section 20,requires that the Legislature shall enact a law or laws whereby the qualified voters of any ...incorporated town or city may,by a majority vote of those voting, determine from time to time whether the sale of intoxicating liquors for beverage purposes shall be prohibited or legalized within the prescribed limits...; and • The aforementioned section is not self-enacting; and • The County Commissioners court does not have authority or power to order and direct a local option election in a city lying partly in two counties; and WHEREAS,although the Texas Constitution mandates that the legislature shall enact laws authorizing local option elections in all cities, the current provisions of the Texas Alcoholic Beverage Code effectively prohibit the citizens of a city within more than one county from holding a local option election regarding all but one entitlement regulated by the TABC; and WHEREAS, the continuance of the existing statutory provisions create inequities among Texas cities, granting greater voting rights to cities contained wholly within one county; and WHEREAS, it is our desire and belief that municipalities should have the right to govern their local affairs; and NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS, THAT: Section 1. The City of Southlake,Texas,supports the introduction and passage of legislation that would modify the requirements for authorizing a local option election to allow a municipality in more than one county the ability to hold such an election. 11-29-00 S C -- Page 1 of 2 1 PASSED AND APPROVED THIS DAY OF , 2000. CITY OF , TEXAS Rick Stacy Mayor ATTEST: Sandra LeGrand City Secretary APPROVED AS TO FORM: City Attorney 11-29-00 Page 2 of 2 City of Southlake, Texas MEMORANDUM November 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into a renewal with TruGreen LandCare for mowing of City parks and facilities Action Requested: City Council authorization for the Mayor to enter into a renewal with TruGreen LandCare of Fort Worth, Texas for mowing of City parks and facilities for a total contract not to exceed $69,353.57. Background Information: The FY 2000-2001 Parks and Recreation Division Budget contains a line item amount of$130,000 for contract mowing and landscape maintenance of City parks, City facilities, City rights-of-way and medians, State rights-of-ways for FM 1709, FM 1938 and Highway 114, and Town Square public areas. The 2000 contract for City parks and facilities with TruGreen LandCare expired on October 31, 2000. However, the approved contract provides for two (2) twelve-month renewals. These renewals allow for factoring inflation and the inclusion of additional properties, but the total percentage increase must not exceed twenty-five percent (25%) of the original contract amount. The bid opening for this contract was held on April 20, 1999. All renewal options will be exhausted with the approval of this contract. City staff is satisfied with the performance of TruGreen LandCare. Financial Considerations: The FY 2000-2001 Parks and Recreation Budget allocates $130,000 for contract mowing services. Authorization of the renewal of the contract with TruGreen LandCare for $69,353.57 leaves an unencumbered balance of $60,646.43 for other contracts. The 2000 park and right-of-way mowing contract with Avanti Landscape Management is available for renewal for an amount not to exceed $32,493.75. The Southlake Town Square landscape maintenance for public areas was awarded in the amount of $23,500. The remaining FY 2000-2001 unencumbered balance is $4,652.68 Citizen Input/ Board Review: The City Council authorized the Mayor to enter into a contract TruGreen LandCare at the May 4, 1999 meeting on Consent agenda (5-0). Legal Review: None. Item 5D - 1 Billy Campbell, City Manager November 28, 2000 Page 2 Alternatives: Alternatives include the following: ■ Choose to seek new bids for mowing of City parks and facilities. Supporting Documents: Supporting documents include the following items: ■ Copy of the renewal letter with TruGreen LandCare. Staff Recommendation: Authorize the Mayor to extend the contract for annual City owned parks and facility mowing services with TruGreen LandCare in the amount of $69,353.57. KH Item 51) - 2 City of - - -� Southlake + ` Community Services October 9, 2000 Mayor: Rick Stacy TruGreen LandCare Mayor Pro Tem: ATTN: Mr. Ken Hurbough Gary Fawks 2550 Berner Street Deputy Mayor Pro Tem: Fort Worth, Texas 76111 Ronnie Kendall Councilmembers: Dear Mr. Hurbough: Rex Potter Keith Shankland The City of Southlake would like to renew the mowing contract for Park Greg Standerfer Mowing Services currently in effect with TruGreen LandCare through Patsy Dupre October 31, 2000. Per Item Number Ten (10) of the INSTRUCTIONS TO City Manager: BIDDERS section of the Contract, this renewal would be effective November Billy Campbell 1, 2000 for a twelve (12) month period through October 31, 2001. This Assistant city Manager: renewal will represent the final renewal allowed under contract. Beginning Shana Yelverton November 1, 2001, this project will be released for advertisement to bid. City Secretary: andra LeGrand With acceptance of this contract renewal for the 2000-2001 mowing season, the conditions and requirements of the 1999 mowing contract will continue. Change Order items are provided in the AUTHORITY TO QUOTE section of the supplemental contract renewal documents enclosed with this request. Any questions regarding the renewal and transfer of this contract should be addressed to me at (817) 481-5581, extension 824. Sincerely, Ben Henry Parks Planning and Construction Superintendent Acceptance• TruGreen LandCare Date BH 51' -3 400 N. White Chape d Southlake, Texas 76092 (817) 481-5581 � FAX (817) 421-2175 "AN EQUAL OPPORTUNITY EMPLOYER" '�► City of Southlake, Texas MEMORANDUM November 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into a renewal with Avanti Landscape Management for mowing of City and State right-of-way Action Requested: City Council authorization for the Mayor to enter into a renewal with Avanti Landscape Management of Arlington, Texas for mowing of City and State right-of-way for a total contract not to exceed $32,493.75. Background Information: The FY 2000-2001 Parks and Recreation Division Budget contains a line item amount of$130,000 for contract mowing and landscape maintenance of City parks, City facilities, City rights-of-way and medians, State rights-of-ways for FM 1709, FM 1938 and Highway 114, and Town Square public areas. The 2000 contract for City and State right-of-way with Avanti Landscape Management expired on November 30, 2000. However, the approved contract provides for two (2) twelve-month renewals. These renewals allow for factoring inflation and the inclusion of additional properties, but the total percentage increase must not exceed twenty-five percent (25%) of the original contract amount. City staff is satisfied with the performance of Avanti Landscape Management. Financial Considerations: The FY 2000-2001 Parks and Recreation Budget allocates $130,000 for contract mowing services. Authorization of the renewal of the contract with Avanti Landscape Management for $32,493.75 leaves an unencumbered balance of$4,652.68 with other previously approved contracts. The Southlake Town Square landscape maintenance for public areas was awarded in the amount of$23,500. The city parks and facilities contract with TruGreen LandCare is available for renewal for an amount not to exceed $69,353.57. Citizen Input/ Board Review: The City Council authorized the Mayor to enter into a contract with Avanti Landscape Management at the April 4, 2000 meeting on Consent agenda. Legal Review: None. Item 5E - 1 Billy Campbell, City Manager November 28, 2000 Page 2 Alternatives: Alternatives include the following: ■ Choose to seek new bids for mowing of right-of-way. Supporting Documents: Supporting documents include the following items: ■ Copy of the renewal letter with Avanti Landscape Management. Staff Recommendation: Authorize the Mayor to extend the contract for annual City and State right-of- way mowing services with Avanti Landscape Management in the amount of $32,493.75. KH Item 5E - 2 ' ity of Southlake Community Services October 31, 2000 Mayor: Rick Stacy Avanti Landscape Management Mayor Pro Tem: ATTN: Ray French Gary Fawks 701 Portofino Deputy Mayor Pro Tem: Arlington, Texas 76012 Ronnie Kendall Dear Mr. French: Councilmembers: Rex Potter Keith Shankland The City of Southlake would like to renew the mowing contract for Right-of- Greg Standerfer way Mowing Services currently in effect with Avanti Landscape Management Patsy Dupre through November 30, 2000. Per Item Number Ten (10) of the Instructions to City Manager: Bidders section of the Contract, this renewal would be effective December 1, Billy Campbell 2000 for a twelve (12) month period through November 30, 2001. Assistant City Manager: Shana Yelverton With acceptance of this contract renewal for the 2000-2001 mowing season, the City secretary: conditions and requirements of the 1999 mowing contract will continue. Change ll3ndra LeGrand Order items are provided in the AUTHORITY TO QUOTE section of the lilliw supplemental contract renewal documents enclosed with this request. Any questions regarding the renewal and transfer of this contract should be addressed to me at(817) 481-5581, extension 824. Sincerely, Ben Henry Parks Planning and Construction Superintendent Acceptance: G t ' ay french Date Avanti Landscape Management BH CSC I!\ G 400 N. White Chapel - Southlake, Texas 76092 (817) 481-5581 FAX (817) 421-2175 "AN EQUAL OPPORTUNITY EMPLOYER" City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager Sharen Elam, Director of Finance Ext. 716 FROM: Rusty Steele, Senior Accounting Assistant Ext. 850 SUBJECT: Authorize award of bid by sections to Alexander Christian Corporation and Worth Business Forms for semi-annual purchase of printing services. Action Requested: Council to award semi-annual bid for the purchase of printing services to Alexander Christian Corporation, Section A, Section E and Section F and to Worth Business Forms for Section B, Section C and Section D. Background Information: At the present time the City utilizes various vendors for printing services. Worth Business Forms has provided printing services for the municipal court. The Alexander Christian Corporation will be a new vendor to the city. The purpose of the formal sealed bid for printing services was based upon the total annual purchases of all individual departments' exceeding the monetary threshold for bidding requirements. Therefore, in order to comply with the purchasing laws of the State of Texas, a bid was conducted so that the City of Southlake and it's departments to receive the best prices possible for printing services. Financial Considerations: The FY 2000-2001 budget for printing services has already been approved. The monetary amounts for these purchases were allocated during the budget process. There is no additional funding in excess of the budgeted amounts allocated in the FY 2000-2001 budget to be approved. Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed and approved this contract. Alternatives: None Supporting Documents: Bid Tabulation Sheet Copy of Bid Staff Recommendation: Staff recommends that the bid be awarded as described to The Alexander Christian Corporation for Section A, Section E and Section F and to Worth Business Forms for Section B, Section C and Section D. �F- I CA -q N) z 0 0 Er(D(D '0 Z =r =r 0 > 0 6. z U3 C 10 1 cn ca 0 cp co I Ln =r al cp lu + G TI- 0 1 '0 + I CD + co JL =r I(n M J) U) 4! 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I u M. 10 :3 2) 0 0 X CD CD 0= I X CD CL Q- CL CD 0 1 x 0 0 :3 :3 0- m (D CD CD fA --9 69 f9 409 .69 -109 1 .69 fift .69 .69 N) --4 tJ N) N) Co 0) 0) 4 co 4 IQ 0) -4 -4 CY) N) CA w 0 CA C) cn 0) -4 to 0 0 C) 0 0 NJ C) 0) C 0 0 CD EA I -P fA fA fA .69 fA -Ge fA 'a 0) IQ --4 co CP -h n CD CA OD Un c (n CD C) CA) 0 cn C) 0 C) 0 C) fAfAfA .69 69 �69 69 .69 TI-9 fA lu CA N co b6 (3) rlj K3 CO OD CA) cp OD co Ln -4 0) CA C:, C) CA) CA -4 0 > x 0) CL rt o co CD C)0 fA .9 .69 -69 .69 69 .69 .69 '.9 'A c CA) o (P. co C" W w 0) CD co w 00 w CO N co 0 CAIon wI m 4jo w CD cn cn cn --L I i cn 0 Cn C) j C) � nN O m ' v 00 j - I I rt �c O I I I CD 01 CCD H! � N N tD I ic � N o �C �D �D D � o0 o 3 7 CD M UUi 7 �C <D I w K fV N CL to rt 3 7 CD I I I I C ° �', o yCD N N B1D NO. 2000-02RS Vendor Name: zor CITY OF SOUTHLAKE FINANCE DEPARTMENT SHARENELAM,CPA LYNNALMINSON,CPA FINANCE'DIRECTOR ASSISTANT FINANCE DIIIEC'TOR SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BIDS DUE - NOVEMBER 27 , 2000 2:00 P . M . TABLE OF CONTENTS SPECIFICATIONS........................................................................................1 - 10 OPENING DATE, TIME, PROCEDURES, CONTACTS.................................................. i GENERAL CONDITIONS................... - DELIVERYREQUIREMENTS......................................................................................... 6 SPECIAL TERMS AND CONDITIONS ........................................................................7-8 BIDSHEET ..................................................................................................................... 9 DISADVANTAGED BUSINESS ENTERPRISES...............................................10 VENDORREFERENCES...................................................................................:11 AFFIDAVIT & AUTHORIZED SIGNATURE FORMS................................12-13 PROPOSALFORMS...................................................................................JA - 16 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS The City of Southlake (the "City") is soliciting bids for furnishing the merchandise, supplies, services, and/or equipment set forth in this Bid Proposal. ORIGINAL AND ONE (1) COPY OF COMPLETED BID PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE AT 1725 EAST SOUTHLAKE BLVD. SOUTHLAKE, TEXAS 76092 ON OR BEFORE TUESDAY, NOVEMBER 27, 2000 AT 2:00 P.M. All bids, including a "NO BID", are due in the Finance Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number and the date and time of opening on the outside of the envelope/box. The original bid must be clearly marked "ORIGINAL" and contain all original signatures. Any bid received after the date and/or hour set for bid opening will be returned unopened. If bids/proposals are sent by mail to the City Secretary's Office, the bidder shall be responsible for actual delivery of the bid to the City Secretary's Office on or before the advertised date and hour for opening of bids. If a mailed bid is delayed, either in the postal service or in the internal mail system of the City of Southlake beyond the date and hour set for the bid opening, the bid will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by the bidder to guarantee authenticity. After the official opening, bids become the property of the City of Southlake and may not be amended, altered or withdrawn without the recommendations of the Finance Director and the approval of the City Council. The City of Southlake is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. All questions should be directed to: Rusty E. Steele (817) 481-5581 ext. 850 PAGE 1 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS GENERAL CONDITIONS The City of Southlake is requesting bids for the SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all sections but must bid on all items in any one section. The City of Southlake will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. All insurance requirements, including Workers' Compensation as outlined in the Texas State Statutes, shall be met prior to any delivery and shall remain in effect during the life of this contract. All bids shall specify terms and conditions of payment which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Finance Director, the review, inspection, and processing procedures can be completed in the specified period. Invoices shall be sent directly to the department processing the order. It is the intention of the City of Southlake to make payment on completed orders within thirty days (30) after receipt of invoice or items, whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the City of Southlake Purchase Order Number to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies, which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. The contract may be terminated by either party upon thirty (30) days written notice. The City reserves the right to award multiple contracts. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, The City of Southlake reserves the right to waive any irregularities and to an make award in the best interest of the City. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids received after the time limit for receiving bids. 2. Bids containing any irregularities. 3. Unbalanced value of any items. PAGE 2 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS Bidders may be disqualified and their bids not considered, among other reasons, for any of the following specific reasons: 1. Reason for believing collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder is a party in any litigation against the City. 4. The Bidder is in arrears on any existing or previous contract or has defaulted on a previous contract. 5. Incomplete work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. Bidders will use due care and diligence in preparing Bid Proposals. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein, shall rest solely with the bidder. The City of Southlake and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the bidder to determine the full extent of the exposures. Assignment - The successful bidder may not assign its rights and duties under an award without the written consent of the Finance Director. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Venue — This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tarrant County, Texas. HOLD HARMLESS —THE SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, LIABILITY, ACTIONS OR OTHER CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS OR PROPERTY ON ACCOUNT OF ANY LIABILITY, NEGLIGENT ACT, OMISSION, OR FAULT OF THE SUCCESSFUL BIDDER, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT.WHICH MAY RESULT FROM A BID AWARD. The successful bidder(s) warrants that the materials it supplies pursuant to this bid will not infringe claims of any patent covering such materials, and the successful bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur in connection with such claim. PAGE 3 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS It is the intent of these specifications to describe the minimum requirements for Printing Services in sufficient detail to secure comparable bids. All parts/sections not specifically mention which are necessary to provide complete printing units shall be included in the bid and conform in quality of material and workmanship to what is usually provided to the trade in general. Any printing not conforming to these specifications will be rejected and it will be the responsibility of the bidder to conform to the requirements unless deviations have been specifically cited by the bidder and acceptance made on the exception. All artwork and/or negatives shall become the property of the City of Southlake. Due to the changing laws and the increasing demand for recycled paper, the City of Southlake requests the use of recycled paper whenever possible in lieu of virgin paper. Minimum standards will be 50% recycled, 10% post consumer material. If possible, 50% post consumer, totally recovered material or better would be recommended. Only paper that is re-bleached with non-chlorine bleach and vegetable-based ink will be accepted on recycled printing. Vendor shall notify the Finance Department if recycled paper will not be used for an individual printing order; otherwise, recycled paper will be the standard for Sections A thru D. When requested by purchase order, printing will include recycled logo acknowledging "printed on recycled paper." Each bidder shall confirm it fully understands these specifications and both the City's and the bidders needs are satisfactorily met. Bidders shall be cognizant of all factors relating to requirements contained in these specifications. The City of Southlake reserves the right to consider deviations from these specifications. Award of contract and any subsequent renewals will be contingent on availability of the City of Southlake funds. References shall be included on this bid form. Three current customers with a comparable purchase shall be listed with complete name, address, telephone number, and contact person. Bids must be submitted on this form and the bidder shall return the entire bid/specification package, which will constitute a contract equally binding between the bidder and the City of Southlake if accepted by the City Council. The successful bidder must comply with U.S. Department of Labor Occupational Safety and Health Hazard Communication 190\10.1200 in using chemicals, provide necessary material date sheet(s) for chemical(s) used, and meet all requirements of the labor laws. It shall be the responsibility of the supplier to see that all printing delivered meets these requirements. Printing which is found not to meet all the standards as set forth herein shall be removed by supplier and replaced with acceptable products, even though the deficient material has been delivered and accepted by the City of Southlake. The awarded vendor shall maintain one (1) sample of each job to be returned to the Finance Department for analysis and inspection for the next contract term. PAGE 4 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS Items supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If the item is not picked up within one (1) week after notification, the item will become a donation to the City for disposition. It is expressly understood and agreed that in case the City of Southlake requests any item(s) not available within the time frame specified by the City, the City of Southlake reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said Contract. Further the City of Southlake reserves the right to seek another vendor if, at any time, vendor's prices do not conform to public pricing. Funds for payment have been provided through the City of Southlake's budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Southlake fiscal year shall be subject to budget approval. GOVERNMENTAL ENTITIES utilizing inter-governmental contracts with the City of Southlake will be eligible, but not obligated, to purchase necessary materials and supplies under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Southlake will be billed directly to that governmental entity and paid by that governmental entity. The City of Southlake will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials as needed. The quantities furnished in this bid document are for the City of Southlake only. It does not include quantities for any other governmental jurisdiction. J PAGE 5 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS DELIVERY REQUIREMENTS Delivery date is important to the City and may be required to be a part of each bid. Delivery will be F.O.B. various City of Southlake departments. Delivery shall be included in bid prices to any City of Southlake office as directed by the Finance Department at the time of order. Delivery of Sections A thru D items shall be made within 5 working days from when the order is received by the printing vendor during normal business hours only, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. Delivery for Sections E thru F items will be 15 working days. The successful bidder must notify the Finance Department in writing at the time of order if the order cannot be delivered within the specified time frame. The City of Southlake considers delivery time to be that period elapsing from the time the individual order is placed until the time the order is received by the City at the specified delivery location. Prior to printing any orders for the City of Southlake, a purchase order number shall be obtained from the City department. Otherwise, the vendor will not be paid for services performed. The delivery date indicates a guaranteed delivery to the requesting department at the City of Southlake, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand a bond or penalty to guarantee delivery by the date indicated. If an order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without.liability on its part. A packing list shall accompany each shipment and shall show: 1. City of Southlake Purchase Order Number 2. Name and address of Vendor 3. Name and address of receiving department 4. Description of material shipped, including item numbers and quantity. J TITLE/RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession and accepts the goods at the point of delivery. PAGE 6 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS SPECIAL TERMS AND CONDITIONS Contract Terms: Successful vendor(s) will be awarded a six (6) month contract, effective from date of award or notice to proceed as determined by the City of Southlake Finance Department. At the City of Southlake's option and approval by the vendor, the contract may be renewed for three (3) additional six (6) month periods, as further explained in Renewal Options. Prices will remain firm during the contract period. Both the vendor and the City of Southlake must agree upon any change in price. Renewal Options: The City of Southlake reserves the right to exercise an option to renew the contract of the vendor for three (3) additional six (6) month periods, provided such option is agreed upon by both parties. If the City exercises this right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation but, by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, may include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. If the City of Southlake chooses to exercise its option of renewal, the prices quoted will remain in effect including any necessary price changes due to documented increases/decreases in manufacturer's list price at the time of renewal for paper products Evaluation criteria shall include, but is not limited to the following factors: a. Unit Price b. Delivery Time C. Vendor's past performance record with the City of Southlake d. The City of Southlake's evaluation of vendor's ability to perform e. The City of Southlake's experience with products bid f. Special needs and requirements of the City of Southlake g. Results of testing samples (if needed) h. Vendor's agreement to extend pricing under this contract to other governmental entities. i. Compliance with bid specifications. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. PAGE 7 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS Any catalog, brand name or manufacturer's reference used is considered to be descriptive -- not restrictive -- and is indicative of the type and minimum quality of goods the City desires to purchase. Any substituted items must be of equivalent quality or superior to those specified. If notation of substitution is not made, it is assumed vendor is bidding the item specified. The successful vendor will not be allowed to make unauthorized substitutions after award. The list herein depicts the City of Southlake's estimated general requirements. It is understood that the list is not absolute and that there will be deletions, additions, and variations to the list. Additional requirements shall be priced by the awarded vendor on an individual basis using comparable standards to those used to set prices for this bid. The City of Southlake reserves the right to seek another vendor if, at any time, awarded vendor's prices do not conform to this requirement. Price quotes for these additional requirements are expected in writing in the Finance Department within 3 working days after receipt by the vendor with the expected time, as well as pricing. The apparent silence of the specifications as to any detail or the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. Printing will be packaged or boxed for non-continuous forms as follows: 1-part: 500 (or total amount of order, if less) 2-part: 250 (or total amount of order, if less) 3-part: 250 (or total amount of order, if less) 4-part: 250 (or total amount of order, if less). Envelopes will be boxed in quantities of 500 per box. All packages/boxes will be marked with form numbers and the Purchase Order Number on the outside. All delivery tickets must be marked with the City of Southlake Purchase Order number and the department to which the order is charged as directed by that department. Each delivery ticket shall be consistent with the Purchase Order and all show all items placed on order and delivered. Invoices must be legible. Orders will be placed in either 500, 1000, or 5000 lots when possible. Evaluation of award of bid will be determined by 1,000 quantity, if applicable, for the items listed. Typesetting charges should be included in the price for business cards, letterhead, and envelopes only. The contract also requires a typesetting charge for other items to be consistent throughout the term of the contract. Changes requiring typesetting will be added as an additional cost at the time the order is placed. All items described are presumed to be camera ready with black ink. General samples of each item will be located in the City Secretary's Office, 1725 E. Southlake Blvd., Tarrant County, Texas for inspection. Samples may not be removed, but may be inspected on the premises any time during normal business hours prior to bid opening. PAGE 8 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS BID SHEET *Any substitutions are to be approved by the City of Southlake Finance Department. Total Section A $ Total Section B $ Total Section C $ Total Section D $ Total Section E $ Total Section F $ Typesetting charge per hour for all sections. Excluding business cards, letterhead, and Envelopes. $ /HOUR 01 thorized ign6t6r Company Name Name (Printed or typed) Company Address Cope"flz i_ zk, X �IlODS� Title Company City, State, Zip ZliA25'17-s9O -2?:Z7 Date Company Telephone Number �) -7- 5S9- 9191 Company Fax Number /wo 4r� cry, Contact -mail Address PAGE 9 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Southlake bid process. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program North Central Texas General Services Commission Regional Certification Agency PO Box 13047 OR 616 Six Flags Drive, #416-LB 24 Austin, TX 78711-3047 Arlington, TX 76011 (512) 463-5872 (817) 640-0606 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. FAX NO. J Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 10 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS VENDOR REFERENCES Bidder shall list three (3) current customers, other than City of Southlake, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. REFERENCE ONE GOVERNMENT/COMPANY NAME: V-N/lC Flc-4-&-P, LOCATION: ',"U L'U'C exlel 'd6vL'y- �1i'.�^S�. 7x 76�nt�1 CONTACT PERSON AND TITLE: �lcJ/l•' i'- TELEPHONE NUMBER: �3l7- SCOPE OF WORK: N [LTl�7'S��uS�Lc�S C;lrzo,� E��' tss rz�.y,S,,cci�lc'c.� CE7��,titi ,,� tvv CONTRACT PERIOD: g/l iq& REFERENCE TWO GOVERNMENT/COMPANY NAME: .Pj�/Ti72S ,1P.N//,CJG LOCATION: Of3 Ai.Q 114011',cZ- 176✓i&7 CONTACT PERSON AND TITLE: ('exx"r L!n�ne� �r"SeawJyT TELEPHONE NUMBER: SCOPE OF WORK: APOWLY CONTRACT PERIOD: REFERENCE THREE GOVERNMENT/COMPANY NAME: �u�f At< LOCATION: _&S CONTACT PERSON AND TITLE: TELEPHONE NUMBER: ��3' �5/(=7�7�' SCOPE OF WORK: N1hA-1-rreTT�, tgi/ i, �� lg s CtTl��2.y�7�!► C�%b' �nt.� .t/�c�_Eiu L�.ti�.�rut s �vr..*:� CONTRACT PERIOD: Z//l Z22 �30/2G'U/ �T PAGE 11 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS AFFIDAVIT The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final and if bid is accepted (within 60 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF TEXAS CITY OF SOUTHLAKE BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared IAnHEw L I h",,Ff/,y who, after having first been duly sworn, upon oath did depose and say; That the foregoing proposal submitted by (%Hl'15-7641-1 hereinafter called "Bidder" is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: QCL--xANoE2 6V,-1Sr,41u 6-"IeP, 9?3/ &Xatii&-s PX 76,053 Telephone number V7-,5_lo -a7�Z_7 ( V Fax number gl 7- <0- 9/9/ i nature Name: A�/)Vzltl Title: SWORN TO AND SUBSCRIBED BEFORE ME THIS day of 20 UNDAEYOUNQ Pof in a d or the s. t } Naary Dubuc sim.a Texas My CwvnWabn Exp4ea SEPf.18.2WI PAGE 12 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS The undersigned agrees this bid becomes the property of the City of Southlake after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and a storage of equipment and all other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of The City of Southlake, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Southlake prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED R PRESENTATIVE: ewllnl Signature 4eW)91 l- �i s_ AV Date 3 Name 1 Z/1 Title (e;�4"'4& '�ro 4� />' J Tel. No. 7,,-z7 Fax No. S'/7 579- /9/ PAGE 13 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID PROPOSAL LOTS ITEM EST. NO. DESCRIPTION CITY. 500 1000 SECTION A - Business Cards 1. Ivory business cards, linen finish, thermographed, with logo, PMS 347, 2 sided 11,000 (Sample Not Available) r ` ' 2 Baronial Ivory business cards, linen finish, thermographed, with logo, PMS 347 60,000 3 Baronial Ivory business cards, linen finish, thermographed, with logo, red ink 12,000 4 Baronial Ivory business cards, linen finish, thermographed, with logo, reflex blue ink 25,000 SUBTOTAL: 108,000 $ $ SECTION B - Envelopes 1 #10 Baronial Ivory envelopes, 20# bond, logo, address, PMS 347 50,000 2 #10 White envelopes, 20# bond, logo, address, PMS 347 50,000 X3 #10 White envelopes, 20# bond, logo address, black ink 20,000 X4 #10 white single window envelope, 20# bond with logo 40,000 (Sample Not Available) SUBTOTAL: 160,000 $ $ PAGE 14 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID PROPOSAL LOTS ITEM EST. NO. DESCRIPTION QTY. 500 1000 SECTION C - Stationary 1 Letterhead: Baronial Ivory, 8 1/2 X 11, logo, PMS 347 and black ink 50,000 2 Letterhead: Baronial Ivory, 8 1/2 X 11, without logo 50,000 SUBTOTAL: 100,000 $ $ SECTION D - Labels 1 Address Labels: 3 X 5, Crack N Peel, PMS 347 10,000 Q�Dr a7� SUBTOTAL: 10,000 $ 4a250' 0 $ 106z, o SECTION E - Forms 1 8 1/2 X 11, 20#bond, printed one side 60,000 ,s6 V ,, t (Sample Not Available) 2 8 1/2 X 11, 20# bond, printed front & back 60,000 ��L9� - '�-r 0 (Sample Not Available) 3 8 1/2 X 14, 20# bond, printed one side 30,000 3Q� `X� (Sample Not Available) 4 8 1/2 X 14, 20# bond, printed front and back 30,000 d� (Sample Not Available) 5 8 112 X 11, 2 part NCR, printed one side not numbered 15,000 O�A 6 8 1/2 X 11, 3 part NCR, printed one side not numbered 20,000 PAGE 15 c SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID PROPOSAL LOTS ITEM EST. NO. DESCRIPTION QTY. 500 1000 SECTION E - Forms (Continued) 7 8 1/2 X 11, 4 part NCR, printed one side not numbered 15,000 8 8 1/2 X 11, 2 part NCR, printed one side numbered 15,000 (Sample Not Available) 9 8 1/2 X 11, 3 part NCR, printed one side numbered 20,000 10 4 X 6 post cards, printed on one side, Colored stock 110# 10,000 11 4 X 6 post cards, printed front and back, Colored stock 110# 10,000 SUBTOTAL: 285,000 $ $ SECTION F - Other Purchases 1. SPOT OR OTHER PURCHASES Bidder agrees to provide a discount on items, not specifically listed herein. J percent PAGE 16 • Nov 17 00 11 : 38a FINANCE ( 817) 488-6796 p. 1 CITY OF SOUTHLAKE 1725 E. Southlake B► A. Dep Southlake, Texas 76092 cert�nent of Finance Phone (817) 481-5581 ext.. 850 Fax (817) 488-6796 FAX TRANSMITTAL SHEET The infortation in this facsimile message is confidential and is intended only for the rise of the individual or entihl which it is addressed. It may contain in that is privileged, confidential and exempt front disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify my office by telephone immediately so that we can arrange for the return of the original documents. DATE: November 17, 2000 DELIVER TO: Matt Kniffin FAX NUMBER: (817) 589-9191 FROM: RUSTY STEELE NUMBER OF PAGES (INCLUDING COVER PAGE): 6 Special Notes: If you have any questions please call me. ADDENDUAI #1 TO BID NO. 2000-02RS c t' Nov 17 00 11 : 39a FINANCE ( 817) 488-6796 P. 2 31D NO. 2000-02RS _ Vendor Name: l � � f CITY OF SOUTHLAKE FINANCE DEPARTMENT L I'NN h 1A107AWON.CPA NH.4JUALLAW,CTA f,5:SL1TAN7'FINANCE!)1RI&YOR F I .. 1 ADDENDUM ##1 FOR PRINTING SERVICES Nov 17 00 11 : 39a - ' FINANCE (817) 488 6796 p. 3 (1. ADDENDUM #1 TO SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES ; BID NO. 2000-02RS i. j.. t: An Addendum to Bid No. 2000-02RS is necessary for clarification of proposal and specification ; requirements. != Under Delivery Requirements: Delivery of Sections A thru D items shall be made within 5 working days from when the proof is returned back to the printing vendor.....Section E and F items will be 15 working days from when the proof is returned back to the vendor. i Items removed are as follows: Out of Section B: Envelopes: Quantity for Items 3 and 4. Out of Section D: Labels: Quantity Removed; Price by pack of 500/1000. Out of Section E: Forms: Quantities for Items 1 through 7; Price by lots of 1000/5000. Out of Section E: Forms: Items 1-4 items changed: Out of Section A — Business Cards: (Replace Original Pg. 14 with Revised Pg. 14) f' 1. Quantity for business cards estimated in sets, not by one time production run. ', Out of Section B — Envelopes: (Replace Original Pg. 15 with Revised Pg. 15) r 1. Quantity for envelopes estimated in lots of 2500/5000 each, not by one time production run. For example, prices are to reflect quantity requested for 1 to 3 departments ordered at the same time. 2. Items 3 and 4 are to be priced in 2500/5000 each, quantity as if ordering a carton or cartons at one time. Out of Section C — Stationary: (Replaced by Revised Pg. 15) °s 1. 24# bond wording added to Items 1 and 2. F: j: Out of Section E — Forms: (Replace Original Pg. 16 with Revised Pg. 16) 1. For Items 4 and 5 wording added, "number in red ink". I. a: C r �t i' n i Nov 17 00 11 : 39a FINRNCE (817 ) 488-G79G p. 4 ADDENDUM #1 TO SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES i•, BID PROPOSAL ITEM NO. DESCRIPTION ESTIMATED SETS 500 1000 SECTION A - Business Cards 1. Ivory business cards, linen finish, 1-4 SETS OF thermographed front/flat back, 5-8 SETS OF $ 3.31 a5 $ with logo PMS 347 9-14 SETS OF $ 90 $ q_ " 5� (Sample Not Available) 15+ SETS OF $ $ 45 00 2 Baronial Ivory business cards, 1-4 SETS OF $ $ linen finish, thermographed, 5-8 SETS OF $ .sr $ SS s•` with logo, PMS 347 9-14 SETS OF $ a7,3, go $ 15+ SETS OF $ 70 $ -Z9, a1-20 .a 3 Baronial Ivory business cards, 1-4 SETS OF $ OZ71 170 $ $_$ linen finish, thermographed, 5-8 SETS OF _ � � �.� I ; with logo, red ink 9-14 SETS OF $ (� $ 15+ SETS OF $ �Zo?,7d .�o I: 4 Baronial Ivory business cards, 1-4 SETS OF $ 27,d20 $ _ 0 linen finish, thermographed, 5-8 SETS OF $ „1 y,95 _$ 13/,SS $ with logo, reflex blue ink 9-14 SETS OF $ A�3, O 029 -3J 15+ SETS OF $o7a, -7Q $ 070 ►'. t' I t: 'l Nov 17 00 11 : 39a FINRNCE ( 817) 488-6796 p. 5 , ITEM NUMBER OF N0, DESCRIPTION DEPARTMENTS 2500 each 5000 each �. SECTION B - Envelopes � 1-3 Departments $ 7� i' 1 #10 Baronial ivory envelopes, 20# bond, logo, department, 4-7 Departments $ � �.Ot? $ 291-a . address, PMS 347 8-11 Departments $ /zy, Dl $ ° 'aU 2 #10 White envelopes, 20# bond, 1-3 Departments ��- $ logo, department,address, 4-7 Departments $ $ PMS 347 8-11 Departments $ r7/, 90 $ IJZ S� i 3 #10 White envelopes, 20# bond, logo, address, black ink $ '` ` i 1 4 #10 white single window envelope, $ $ 20# bond, with logo, black ink 7 ll (Sample Not Available) i l ITEM No. DESCRIPTION 500 sheets 5000 sheets SECTION C - Stationary 1 Letterhead: Baronial Ivory, 24# $ z7o bond,8 1/2 X 11, with logo, PMS 347 and black ink 2 Letterhead: Baronial Ivory, 24# bond 8 112 X 11, without logo(2nd sheet) $ Pack of Pack of ITEM 1000 N0, DESCRIPTION 500 SECTION D - Labels 1 Address Labels: 3 X 5, $ / $ O 2� Crack N Peel, PMS 347 Nov 17 00 11 : 40a FINANCE (817) 488-6796 p. 6 LOTS ITEM NO. DESCRIPTION 1000 5000 SECTION E - Forms 1 8 1/2 X 11, 2 part NCR, printed one side, not numbered, black ink $ ��� $ 2 8 1/2) X 11, 3 part NCR, printed one // aide, not numbered, block ink � 6s -s 75 3 8 1/2 X 11, 4 part NCR, printed one side, not numbered, black ink $ A ZD $ &j V 4 8 1/2 X 11, 2 part NCR, printed one side, numbered, print in black ink, $ B� 56 $30, 5-C) number in red ink (Sample Not Available) 5 8 1/2 X 11, 3 part NCR, printed one side, numbered, print in black Ink, $ 1 $ 6b, 90 number in red ' 6 4 X 6 post cards, printed on one side, Colored stock 110# $ J/ ,�j $ b 7 4 X 6 post cards, printed front and back, Colored stock 110# $lam SECTION F -Other Purchases 1. SPOT OR OTHER PURCHASES Bidder agrees to provide a discount on items, not specifically listed herein. Q percent BID NO. 2000-02RS Vendor Name: s �o t� i3��s M$ NA CITY OF SOUTHLAIE FINANCE DEPARTMENT SHAKEN ELAM,CPA LYNNAIARTINSON,CPA FINANCE DIRECTOR ASSISTANT FINANCE DIRECTOR SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES SIDS DUE - NOVEMBER 27, 2000 2:00 P. M . TABLE OF CONTENTS SPECIFICATIONS........................................................................................1 - 10 OPENING DATE, TIME, PROCEDURES, CONTACTS.................................................. 1 GENERALCONDITIONS...........................................................................................2 - 5 DELIVERYREQUIREMENTS......................................................................................... 6 SPECIAL TERMS AND CONDITIONS ........................................................................7-8 BIDSHEET..................................................................................................................... 9 DISADVANTAGED BUSINESS ENTERPRISES...............................................10 VENDORREFERENCES...................................................................................11 AFFIDAVIT & AUTHORIZED SIGNATURE FORMS................................12-13 PROPOSALFORMS...................................................................................1A - 16 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS The City of Southlake (the "City") is soliciting bids for furnishing the merchandise, supplies, services, and/or equipment set forth in this Bid Proposal. ORIGINAL AND ONE (1) COPY OF COMPLETED BID PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE AT 1725 EAST SOUTHLAKE BLVD. SOUTHLAKE, TEXAS 76092 ON OR BEFORE TUESDAY, NOVEMBER 27, 2000 AT 2:00 P.M. All bids, including a "NO BID", are due in the Finance Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number and the date and time of opening on the outside of the envelope/box. The original bid must be clearly marked "ORIGINAL" and contain all original signatures. Any bid received after the date and/or hour set for bid opening will be returned unopened. If bids/proposals are sent by mail to the City Secretary's Office, the bidder shall be responsible for actual delivery of the bid to the City Secretary's Office on or before the advertised date and hour for opening of bids. If a mailed bid is delayed, either in the postal service or in the internal mail system of the City of Southlake beyond the date and hour set for the bid opening, the bid will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by the bidder to guarantee authenticity. After the official opening, bids become the property of the City of Southlake and may not be amended, altered or withdrawn without the recommendations of the Finance Director and the approval of the City Council. The City of Southlake is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. All questions should be directed to: Rusty E. Steele (817) 481-5581 ext. 850 PAGE 1 SEM&ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS GENERAL CONDITIONS The City of Southlake is requesting bids for the SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all sections but must bid on all items in any one section. The City of Southlake will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. All insurance requirements, including Workers' Compensation as outlined in the Texas State Statutes, shall be met prior to any delivery and shall remain in effect during the life of this contract. All bids shall specify terms and conditions of payment which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Finance Director, the review, inspection, and processing procedures can be completed in the specified period. Invoices shall be sent directly to the department processing the order. It is the intention of the City of Southlake to make payment on completed orders within thirty days (30) after receipt of invoice or items, whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the City of Southlake Purchase Order Number to be processed. No payments shall be made on invoices not listing a Purchase Order Number.. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies, which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. The contract may be terminated by either party upon thirty (30) days written notice. The City reserves the right to award multiple contracts. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, The City of Southlake reserves the right to waive any irregularities and to an make award in the best interest of the City. The City of Southlake reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids received after the time limit for receiving bids. 2. Bids containing any irregularities. 3. Unbalanced value of any items. PAGE 2 SEMI-ANNUAL CONTRACT FOR PRINTING ' VICES BID NO. 2000-02RS Bidders may be disqualified and their bids not considered, among other reasons, for any of the following specific reasons: 1. Reason for believing collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder is a party in any litigation against the City. 4. The Bidder is in arrears on any existing or previous contract or has defaulted on a previous contract. 5. Incomplete work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. Bidders will use due care and diligence in preparing Bid Proposals. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein, shall rest solely with the bidder. The City of Southlake and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the bidder to determine the full extent of the exposures. Assignment -The successful bidder may not assign its rights and duties under an award without the written consent of the Finance Director. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Venue — This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tarrant County, Texas. HOLD HARMLESS —THE SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, LIABILITY, ACTIONS OR OTHER CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS OR PROPERTY ON ACCOUNT OF ANY LIABILITY, NEGLIGENT ACT, OMISSION, OR FAULT OF THE SUCCESSFUL BIDDER, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT FROM A EED AWARD. The successful bidder(s) warrants that the materials it supplies pursuant to this bid will not infringe claims of any patent covering such materials, and the successful bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur in connection with such claim. PAGE 3 `r SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS It is the intent of these specifications to describe the minimum requirements for Printing Services in sufficient detail to secure comparable bids. All parts/sections not specifically mention which are necessary to provide complete printing units shall be included in the bid and conform in quality of material and workmanship to what is usually provided to the trade in general. Any printing not conforming to these specifications will be rejected and it will be the responsibility of the bidder to conform to the requirements unless deviations have been specifically cited by the bidder and acceptance made on the exception. All artwork and/or negatives shall become the property of the City of Southlake. Due to the changing laws and the increasing demand for recycled paper, the City of Southlake requests the use of recycled paper whenever possible in lieu of virgin paper. Minimum standards will be 50% recycled, 10% post consumer material. If possible, 50% post consumer, totally recovered material or better would be recommended. Only paper that is re-bleached with non-chlorine bleach and vegetable-based ink will be accepted on recycled printing. Vendor shall notify the Finance Department if recycled paper will not be used for an individual printing order; otherwise, recycled paper will be the standard for Sections A thru D. When requested by purchase order, printing will include recycled logo acknowledging "printed on recycled paper." Each bidder shall confirm it fully understands these specifications and both the City's and the bidders needs are satisfactorily met. Bidders shall be cognizant of all factors relating to requirements contained in these specifications. The City of Southlake reserves the right to consider deviations from these specifications. Award of contract and any subsequent renewals will be contingent on availability of the City of Southlake funds. References shall be included on this bid form. Three current customers with a comparable purchase shall be listed with complete name, address, telephone number, and contact person. Bids must be submitted on this form and the bidder shall return the entire bid/specification package, which will constitute a contract equally binding between the bidder and the City of Southlake if accepted by the City Council. The successful bidder must comply with U.S. Department of Labor Occupational Safety and Health Hazard Communication 190\10.1200 in using chemicals, provide necessary material date sheet(s) for chemical(s) used, and meet all requirements of the labor laws. It shall be the responsibility of the supplier to see that all printing delivered meets these requirements. Printing which is found not to meet all the standards as set forth herein shall be removed by supplier and replaced with acceptable products, even though the deficient material has been delivered and accepted by the City of Southlake. The awarded vendor shall maintain one (1) sample of each job to be returned to the Finance Department for analysis and inspection for the next contract term. PAGE 4 r SEMI-ANNUAL COIJTRACT FOR PRINTING SERVICES BID NO. 2000-02RS Items supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If the item is not picked up within one (1) week after notification, the item will become a donation to the City for disposition. It is expressly understood and agreed that in case the City of Southlake requests any item(s) not available within the time frame specified by the City, the City of Southlake reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said Contract. Further the City of Southlake reserves the right to seek another vendor if, at any time, vendor's prices do not conform to public pricing. Funds for payment have been provided through the City of Southlake's budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Southlake fiscal year shall be subject to budget approval. GOVERNMENTAL ENTITIES utilizing inter-governmental contracts with the City of Southlake will be eligible, but not obligated, to purchase necessary materials and supplies under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Southlake will be billed directly to that governmental entity and paid by that governmental entity. The City of Southlake will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials as needed. The quantities furnished in this bid document are for the City of Southlake only. It does not include quantities for any other governmental jurisdiction. PAGE 5 SENb11-ANINUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS DELIVERY REQUIREMENTS Delivery date is important to the City and may be required to be a part of each bid. Delivery will be F.O.B. various City of Southlake departments. Delivery shall be included in bid prices to any City of Southlake office as directed by the Finance Department at the time of order. Delivery of Sections A thru D items shall be made within 5 working days from when the order is received by the printing vendor during normal business hours only, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. Delivery for Sections E thru F items will be 15 working days. The successful bidder must notify the Finance Department in writing at the time of order if the order cannot be delivered within the specified time frame. The City of Southlake considers delivery time to be that period elapsing from the time the individual order is placed until the time the order is received by the City at the specified delivery location. Prior to printing any orders for the City of Southlake, a purchase order number shall be obtained from the City department. Otherwise, the vendor will not be paid for services performed. The delivery date indicates a guaranteed delivery to the requesting department at the City of Southlake, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand a bond or penalty to guarantee delivery by the date indicated. If an order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. A packing list shall accompany each shipment and shall show: 1. City of Southlake Purchase Order Number 2. Name and address of Vendor 3. Name and address of receiving department 4. Description of material shipped, including item numbers and quantity. TITLE/RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession and accepts the goods at the point of delivery. PAGE 6 '�— SEhril-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS SPECIAL TERMS AND CONDITIONS Contract Terms: Successful vendor(s) will be awarded a six (6) month contract, effective from date of award or notice to proceed as determined by the City of Southlake Finance Department. At the City of Southlake's option and approval by the vendor, the contract may be renewed for three (3) additional six (6) month periods, as further explained in Renewal Options. Prices will remain firm during the contract period. Both the vendor and the City of Southlake must agree upon any change in price. Renewal Options: The City of Southlake reserves the right to exercise an option to renew the contract of the vendor for three (3) additional six (6) month periods, provided such option is agreed upon by both parties. If the City exercises this right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation but, by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, may include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. If the City of Southlake chooses to exercise its option of renewal, the prices quoted will remain in effect including any necessary price changes due to documented increases/decreases in manufacturer's list price at the time of renewal for paper products Evaluation criteria shall include, but is not limited to the following factors: a. Unit Price b. Delivery Time C. Vendor's past performance record with the City of Southlake d. The City of Southlake's evaluation of vendor's ability to perform e. The City of Southlake's experience with products bid f. Special needs and requirements of the City of Southlake - g. Results of testing samples (if needed) h. Vendor's agreement to extend pricing under this contract to other governmental entities. i. Compliance with bid specifications. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. PAGE 7 'r(-- SEEM-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS not restrictive -- and is indicative of the type and minimum quality of goods the City desires to purchase. Any substituted items must be of equivalent quality or superior to those specified. If notation of substitution is not made, it is assumed vendor is bidding the item specified. The successful vendor will not be allowed to make unauthorized substitutions after award. The list herein depicts the City of Southlake's estimated general requirements. It is understood that the list is not absolute and that there will be deletions, additions, and variations to the list. Additional requirements shall be priced by the awarded vendor on an individual basis using comparable standards to those used to set prices for this bid. The City of Southlake reserves the right to seek another vendor if, at any time, awarded vendor's prices do not conform to this requirement. Price quotes for these additional requirements are expected in writing in the Finance Department within 3 working days after receipt by the vendor with the expected time, as well as pricing. The apparent silence of the specifications as to any detail or the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. Printing will be packaged or boxed for non-continuous forms as follows: 1-part: 500 (or total amount of order, if less) 2-part: 250 (or total amount of order, if.less) 3-part: 250 (or total amount of order, if less) 4-part: 250 (or total amount of order, if less). Envelopes will be boxed in quantities of 500 per box. All packages/boxes will be marked with form numbers and the Purchase Order Number on the outside. All delivery tickets must be marked with the City of Southlake Purchase Order number and the department to which the order is charged as directed by that department. Each delivery ticket shall be consistent with the Purchase Order and all show all items placed on order and delivered. Invoices must be legible. Orders will be placed in either 500, 1000, or 5,000 lots when possible. Evaluation of award of bid will be determined by 1,000 quantity, if applicable, for the items listed. Typesetting charges should be included in the price for business cards, letterhead, and envelopes only. The contract also requires a typesetting charge for other items to be consistent throughout the term of the contract. Changes requiring typesetting will be added as an additional cost at the time the order is placed. All items described are presumed to be camera ready with black ink. General samples of each item will be located in the City Secretary's Office, 1725 E. Southlake Blvd., Tarrant County, Texas for inspection. Samples may not be removed, but may be inspected on the premises any time during normal business hours prior to bid opening. PAGE 8 SENtil-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS BID SHEET *Any substitutions are to be approved by the City of Southlake Finance Department. Total Section A $ 5 3 ,co Gj (D �, be) Total Section B $ Total Section C $ alp a , 1 r j Total Section D $ �p I. 01 ,q Q Total Section E $ Total Section F $ Q DID Typesetting charge per hour for all sections. Excluding business cards, letterhead, and Envelopes. $ /HOUR VV 0 RT1-t ��US t Nj=SS Fc)P-A5S N Authorized Signature Company Name ���7> how S 1101to �, Sv Ilia Al'a Name (Printed or typed) Company Address .T�Ka6t LENT F4 Wop_rN I X 7o 11 1 Title Company City, State, Zip i � l ;. ldo � ►'1 - g31- 2135 Date Company Telephone Number Company Fax Number Contact E-mail Address PAGE 9 I SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Southlake bid process. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program North Central Texas General Services Commission Regional Certification Agency PO Box 13047 OR 616 Six Flags Drive, #416-LB 24 Austin, TX 78711-3047 Arlington, TX 76011 (512) 463-5872 (817) 640-0606 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: r) R T k E«S Foams I N C . REPRESENTATIVE: ADDRESS: I I �y 1 V,CL AV Q_ CITY, STATE, ZIP: V-{ WQ "7 to 1 I TELEPHONE NO. 2 �� — - oL��j Cj FAX NO. g I-T - �'' �)I-- 2 2� y`7 Indicate all that apply: Minority-Owned Business Enterprise ✓' Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 10 .l�� 44 11111�����''\ - i �• �• CD �jl i -i rt rD .�� o �cy5 M Z a v _ _ U = a� oao 3., CD ° f'D a �r O on O7� T \ q N K " FD O ry - W a a' a oaa Z O O V O C < O -i OG a o r•, c- r r n O rt o 0 0 cnm 0 � °iw CD C CD a ' y O 77 O ^ ' N n T CD \ <N Z En CO)!f O p O U -n O O Z a_ ! po FOOD . D a N w •y-1 cn J c- m O CD CD prD rD 2' v ro CD CD CD rD C L AD 02 90 O .� (( O C. 4 3r Y Historically.Underutilized Business Certification and Compliance Program E 0 N 'f The General Services Commission (GSC) hereby certifies that E. WORTH BUSINESS FORMS INC. 1 , has successfully met the established requirements of the State of Texas' Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 1 i/13/99,supersedes any registration and certificate previously issued by the'GSC's HUB Certification and Compliance Program. if there are any changes,regarding the i inforMition (i.e..,business structure,:ownership, day-to-day management; operational control, :'addresses, phone and fax numbers or authorized signatures) provided in the submission of the y ' business' application for HUB certification with the GSC, you must immediately (within 30 days :r of such changes)`notify theGSC's HUB Certification and Compliance Program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibi[ity. HUB certification may be suspended or revoked upon findings of ineligibility. . qy 2 Certif`d6td1V1D-,Number:. `1751707132400. g,ft FileNendor- Number: 95061 Robert-L. Hall, Program Directo Date of Approval• il/09/99 General Services Commssa~on. Exp�rat�onµDate• 11/09/01 (512) 463 5872 5�.1K��a� . � " ?w.. Btu`.; {�. irrordisT State agencies and Instftut ns of higher education (univen;it�es}to be`credited K liziri t6iis business as a HUB„,they mus award paymerrt under'the CertificateNlD Numbers"" d uni encoura edrtarvalidi[W•HU ort 'or. F ` SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS VENDOR REFERENCES Bidder shall list three (3) current customers, other than City of Southlake, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. REFERENCE ONE GOVERNMENT/COMPANY NAME: 17"1 O� I Q KT1A F\1C-1A LlP% lb 1t_t. 1j LOCATION: _ 150 I N -E �-o(DP % Ckg N- �1c t- LA*,)(s i"-s 7lp1<3 U CONTACT PERSON AND TITLE: 0 P%N Z`I N\l - TELEPHONE NUMBER: g I�1 - Li ; 'Z - CG 4 SCOPE OF WORK: � S=o��S ENV. „ LTrZt� p, 1�uS.�ARD.51(2,% �� CONTRACT PERIOD: REFERENCE TWO GOVERNMENT/COMPANY NAME: p<V 1 N G S LOCATION: (] W . FKW CONTACT PERSON AND TITLE: S S rr--R►-, TELEPHONE NUMBER: SCOPE OF WORK: R1NT1NG EOt�Pkc,+ ENV L,TR \� ® ,�US �f'tfAl�S � CFit1�P� S CONTRACT PERIOD: ._ REFERENCE THREE GOVERNMENT/COMPANY NAME: LOCATION: 10� N - M rt I yj E+ tQT kA TY -7(o t C) CONTACT PERSON AND TITLE: M N F LDO M Ft EL[� TELEPHONE NUMBER: SO - �--��� • IV,1010 A SCOPE OFWORK: R1N-Tt1'j E, EoLKLS NV} 'l-.Tt tlb t3t� Q.!°t � l�2ycl-tc.�2�s CONTRACT PERIOD: +tN PAGE 11 SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS AFFIDAVIT The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final and if bid is accepted (within 60 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF TEXAS CITY OF SOUTHLAKE BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared --!) K , c�ON�S who, after having first been duly sworn, upon oath did depose and say; That the foregoing proposal submitted by \rjo 13LkG ING=-6S F6P-Me. C, hereinafter called "Bidder" is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: I616 �var\i&- NNE, Ft\Qo(LT\iTX-1bH� Telephone number 9II- S31-a0,15 Fax number - -�g0`7 - jt�;47t-z� Signature 17 Name: N o N E5 Title: PP-M51 DENT SWORN TO AND SUBSCRIBED BEFORE ME THIS day of UU4M A, , 20W, Notary Public and4cr the AUDREY P401 E State of Texas. NOTARY PUI KX Stets of Texas °� W°"'EV• 10.16-23 PAGE 12 SEfTiil-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS The undersigned agrees this bid becomes the property of the City of Southlake after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and a storage of equipment and all other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of The City of Southlake, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Southlake prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the. State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE: 0 RTW UU S - FQ R-N,-e, tJL Signature ,?2� Z / W.)6 W . S U V as 1 a. 'Ave-- Date I i,24,LO d 14 )A3 n Pa V4�X `l Io I I Name 71)E N A Title P RE S 1 I)aq 1 Tel. No. l'7 -�3�- c -k3 5 Fax No. PAGE 13 No,) 17 00 11 : 21a FINRNCE (817) 488-6796 p. 2 BID NO. 2000-02RS Vendor Name: CITY OF SQUTHLAKE FINANCE DEPARTMENT S14.4W'A+G1-0f,,CPA LYNA'A4AH'17NSON,CPA FWANCEWHI:Y'7T it ASSISMNT'FIA'ANC UIREC701( ADDENDUM #1 FOR PRINTINGSERVICES Nov 17 00 11 : 22a FINANCE (817) 488-6786 p. 3 ADDENDUM 91 TO SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID NO. 2000-02RS An Addendum to Bid No. 2000-02RS is necessary for clarification of proposal and specification requirements. Under Delivery Requirements: Delivery of Sections A thru D items shall be made within 5 working days from when the proof is returned back to the printing vendor.....Section E and F items will be 15 working days from when the proof is returned back to the vendor. Items removed are as follows: Out of Section B: Envelopes: Quantity for Items 3 and 4. Out of Section D: Labels: Quantity Removed; Price by pack of 500/1000. Out of Section E: Forms: Quantities for Items 1 through 7; Price by lots of 1000/5000. Out of Section E: Forms: Items 1-4 Items changed: Out of Section A— Business Cards: (Replace Original Pg. 14 with Revised Pg. 14) 1. Quantity for business cards estimated in sets, not by one time production run. Out of Section B — Envelopes: (Replace Original Pg. 15 with Revised Pg. 15) 1. Quantity for envelopes estimated in lots of 2500/5000 each, not by one time production run. For example, prices are to reflect quantity requested for 1 to 3 departments ordered at the same time. 2. Items 3 and 4 are to be priced in 2500/5000 each, quantity as if ordering a carton or cartons at one time. Out of Section C -- Stationary: (Replaced by Revised Pg. 15) 1. 24# bond wording added to Items 1 and 2. Out of Section E — Forms: (Replace Original Pg. 16 with Revised Pg. 16) 1. For Items 4 and 5 wording added, "number in red ink". PAGE 2 ,Nov 17 00 11 : 22a FINANCE (817) 488-6796 P, 5 ITEM NUMBER OF _ per-. I ) O o D NO. DESCRIPTION DEPARTMENTS 2500 each 5000 each SECTION B - Envelopes 1 #10 Baronial Ivory envelopes, 1-3 Departments $ a 20# bond, logo, department, 4-7 Departments $ •0 !/-A address, PMS 347 8-11 Departments $ .! , �} $ �,13 /4 2 #10 White envelopes,2#bond, J-3 Departments $ logo, department,address, 4-7 Departments $ ' 0' ` $ d�0, 5q."I PMS 347 8-11 Departments $ 110 $ 5 i 3 #10 White envelopes 20# bond, logo, address, black ink $ 4 #10 white single window envelope, 20#bond, with logo, black ink $ 3 (Sample Not Available) ITEM NO. DESCRIPTION 500 sheets 5000 sheets SECTION C -Stationary 1 Letterhead: Baronial Ivory, 24# r7 bond,8 112 X 11, with logo, PMS 347 and black ink 2 Letterhead: Baronial Ivory, 24# bond 8 1/2 X 11, without logo(2nd sheet) ITEM Pack of Pack of NO. DESCRIPTION 500 1000 SECTION D - Labels 1 Address Labels: 3 X 5, , 0 Crack N Peel, PMS 347 $ W $ �{ � PAGE 15 NoL, 17 00 11 : 22a FINANCE (817) 488-6796 p. 6 LOTS ITEM `L�, �_ ?_}c. I 0 0 NO. DESCRIPTION 1000 6000 SECTION E - Forms 1 8 1/2 X 11, 2 part NCR, printed one J side, not numbered, black ink $ $ 2 8 1/2 X 11, 3 part NCR, printed one side, not numbered, black ink 3 8 112 X 11, 4 part NCR, printed one '� side, not numbered black ink i C7\ t 4 8 1/2 X 11, 2 part NCR, printed one 1 ; side, numbered, print in black ink, number in red ink (Sample Not Available) 5 8 112 X 11, 3 part NCR, printed one t' side, numbered, print in black Ink, $ $ 1 ffll number in red ink 6� 4 X 6 post cards, printed on one side, Qi . Colored stock 110# �j►^�C{� I ti l� $ �,� $ % O 7-�4 X 6 post cards, printed front and 10 back, Colored stock 110# I $ 0 T $ J /-I rD I- SECTION F -Other Purchases 1. SPOT OR OTHER PURCHASES Bidder agrees to provide a discount on items, not specifically listed herein. 2©(() percent PAGE 16 ho 17 00 11 : 22a FINANCE (817) 488-6796 p. 4 ADDENDUM #1 TO SEMI-ANNUAL CONTRACT FOR PRINTING SERVICES BID PROPOSAL ITEM NO. DESCRIPTION ESTIMATED SETS 500 1000 SECTION A - Business Cards 1. Ivory business cards, linen finish, 1-4 SETS OF $ , ., b;.,c` $ '% t thermographed front/flat back, 5-8 SETS OF $ $ Yjwith logo PMS 347 9-14 SETS OF $ A(' 90 $ (Sample Not Available) 15+ SETS OF $> j - ,1— $ 1�3, DODO 2 Baronial Ivory business cards, 1-4 SETS OF $ 0L) linen finish, thermographed, 5-8 SETS OF $ -,(D p(, cz t- $ ,'�v�u Gt- with logo, PMS 347 9-14 SETS OF $ pr, r $ <-t- __ 15+ SETS OF 3 Baronial Ivory business cards, 1-4 SETS OF $ � ,1 ,r.,r�,t, linen finish, thermographed, 5-8 SETS OF $ `�� , �,r $ with logo, red ink 9-14 SETS OF $ a oU + $ `'_?a �f-- 15+ SETS OF $ $ 4 Baronial Ivory business cards, 1-4 SETS OF $ �- �;�� $ ( linen finish, thermographed, 5-8 SETS OF $ with logo, reflex blue ink 9-14 SETS OF $ $ 15+ SETS OF $ .(n tQCo T p C'O u C Pvx �er" 1 Y1 L PAGE 14 City of Southlake, Texas MEMORANDUM December 1, 2000 TO: Billy Campbell, City Manager FROM: Rick Black, Acting Director of Public Safety(Ext. 730) SUBJECT: Award of bid to Harley-Davidson of Dallas for a twelve-month lease on seven Harley-Davidson police motorcycles. Action Requested: City Council approval of a lease agreement for seven Police Traffic Motorcycles and related maintenance between Harley-Davidson of Dallas and the City of Southlake. Background Information: The City of Southlake Department of Public Safety utilizes seven Harley- Davidson motorcycles for traffic enforcement and response to accidents and other calls for service. Detailed cost analysis has shown that it is more cost effective to lease these vehicles with maintenance included than to purchase and maintain them internally. Harley-Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Financial Considerations: This lease agreement provides a fee of$299.00 per month per motorcycle for a total of$25,116.00 for the year. Funds were budgeted for this expense. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This has been reviewed and approved by City Attorney Debra Drayovitch. Alternatives: Purchase price for these motorcycles is $16,500 each with standard equipment. Most police agencies replace motorcycles after three years or 45,000 miles, prior to large expenditures for overhauls. After the first year warranty, maintenance averages $2,200 annually for a three-year cost of ownership of $146,300 or$580 per month per motorcycle. Supporting Documents: Lease Agreement with Harley-Davidson of Dallas. Staff Recommendation: Place the Lease Agreement for leasing seven motorcycles from Harley- Davidson of Dallas on the December 5, 2000 City Council meeting agenda for approval. RB/mrp S/�- I DALLAS HARLEY-DAVIDSON SHOP / 3914 S. Shiloh Road #200 Garland,Texas 75041 4e ouell (972) 864-4647 (HOGS) FAX (972) 271-5128 ' u� uu,�oroecrc�es Made this 15th day of December A.D. BY AND BETWEEN Harley-Davidson of Dallas, Inc. herein called lessor and the City of Southlake Police Department herein called the lessee, WITNESSETH, that in consideration of the covenants herein contained, on the part of said lessee to be kept and performed, the said lessor does hereby lease to the said lessee the following described property: 1HD1FHW151Y610155 FLHPI 2001 1HD1FHW121Y614924 FLHPI 2001 1HD1FHW111Y615286 FLHPI 2001 1HD1FHW111Y615840 FLHPI 2001 1HD1FHW131Y615631 FLHPI 2001 1HD1FHW141Y616707 FLHPI 2001 1HD1FHW151Y616439 FLHPI 2001 TO HAVE AND TO HOLD the same for the term of 12 months from the 15th day of December A.D. 2000, the said lessee herefor the Monthly rent of$ 299.00 per motorcycle, for a total of$25,116.00 . And the said lessee covenant with the said lessor to pay the said rent in 12 payments of $2,093.00 each on the 15th day of each and every Month for the said berm. The first payment to be made in ]anuary 2001. 1. PURPOSE The lessee wishes to enter into a contract to lease motorcycles for use by the Police Department for 12 months. The City of Southlake Police Dept reserves the right to extend the contract for one year period (not to exceed two extensions). Providing: both parties agree to the extension, that all the specifications, terms, and conditions remain the same, and such • extension(s) is approved by both parties. 2. EXPENSES The lessee will be responsible for all gasoline costs. All other expenses, fees, and costs_ such as state inspection and licenses will be the responsibility of the lessor as the contractor. 5I-2 I / DALLAS Y-D VA IDSON SHOP / 3914 S. Shiloh Road #200 Garland,Texas 75041 4e BUell (972) 864-4647 (HOGS) FAX (972) 271-5128 ' icy Moroecrces 3. MAINTENANCE All maintenance and repairs will be the responsibility of the lessor. EXCEPTION: Repairs as a result of an accident or negligence on the part of the Police Department will be the responsibility of the lessee (the City). The Police Department will make the cycle dvailable under any scheduled maintenance program. 4. USE The Police Department reserves the right to,use the cycle as required in order to perform their required duties. S. INSURANCE/INDEMNIFICATION a. Control of Vehicles The lessee shall be presumed to have control of leased cycles when the keys to such cycle are entrusted to the City and until such time as the keys are returned to the contractor for maintenance or their care, custody, or control. b. Cycle Physical Damage Insurance The lessee shall be responsible for all losses to leased cycles while under the care of the lessee. Should the contractor as the lessor or his designee repair a damaged leased cycle, the City's liability for payment of such expense shall be based on the same reasonable standards and practices as employed by insurance companies in the area. The City will not be responsible for any damages to the leased cycle while it is under the care, custody or control of the contractor(lessor). The City, however, will also not be responsible of reasonable wear and tear to said teased cycle. In the event of a total loss, the City's maximum exposure to the lessor shall be the wholesale value of the cycle at the time of loss (less salvage) as indicated by the 'RED BOOK" or it necessary as determined by an independent appraisal by a party mutually agreeable to the lessor and the City of Southlake Police Dept. c. Notwithstanding the provisions of subsections a. and b. above, Lessee shall not be responsible for losses to leased cycles while under the care of the Lessee if the loss or damage is caused by a negligent act or omission of Lessor, its agents, officers, or employees. WITNESS our hands and seals this 15th day of December 2000. Signed, Sealed,and Delivered in Presence of: �� A h'om— gene 1 Man or Print Name Signature Signature 5I-3 City of Southlake, Texas MEMORANDUM November 29, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer Subject: Approve Resolution No. 00-112, authorizing the purchase of certain right of way for Kimball Avenue from FM 1709 to Crooked Lane. Action Requested: Approve Resolution No. 00-112, authorizing the purchase of certain right of way for the reconstruction of South Kimball Avenue from FM 1709 to Crooked Lane. Background Information: The engineering design cost for the reconstruction of South Kimball Avenue from FM 1709 to Crooked Lane was included in the 99-00 Capital Improvements Program (CIP). The construction cost was included in the 00-01 CIP. The engineering design has progressed to the point of identifying the necessary right of way acquisitions along South Kimball Avenue. Council authorization is necessary to initiate the acquisition of this right of way. Financial Considerations: The total cost of the acquisition of right of way for South Kimball Avenue from FM 1709 to Crooked Lane is estimated to be $650,000. Citizen Input/ Legal Review: None. Alternatives: Approve it or deny it. 51-1 Supporting Documents: RCSOIULi011 f:xhihit Staff Recommendation: Please place on City COLIIICll Agenda fur Uccemhci consideration and approval. Charlie J. onus City Engineer 51-2 RESOLUTION NO. 00-112 A RESOLUTION OF THE CITY COUNCIL OF THF. CITY OI, SOUTHLAKE, TEXAS, AUTHORIZING THE PURCHASE O1' RIGHTS-OF-WAY FOR THE RECONSTRUCTION OF SOUTsi KIMBALL AVENUE; PROVIDING AN EFFECTIVE DATA_. WHEREAS, the City Council of the City ot'Southlake, Texas, established 111c Reconstruction of South Kimball Avenue that includes intersection improvci,tcnt; to reduce traffic congestion and inconveniences to the motoring public; and, WHEREAS, funds for engineering designs were included in the 99,`10 Cunds for construction were included in the 00/01 CIP; and, WHEREAS, the City Council has engaged the services of a profes,i.rnal consultant to design the project and is committed to completing the improvC!w2nt,,: a.; quickly as possible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI NCI I. OI,' THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City Manager or his designee shall be authorized to the acquisition of certain rights-of-way. Such authorization shall include idoiallicatiou of needed parcels or portions of parcels in conformance with Exhibit A, negotiations \� 1111 the property owners, coordination with the title company to ensure steps tire taken to acquire the property free of any encumbrances, and execution of appropi-W!.• -IoCUnl-nfs to purchase needed properties at fair market value. Section 2. The City Manager and/or his designee shall be authorized !') 'I-'terminr lair market value of the subject properties by establishing value ranges on comparable sales. In no case shall the City Manager authorize the purcha:,c property that exceeds the value range established for the subject property v,,+thout prier Cite Council approval. In no case shall funds be expended in excess of the album! allocated in the Traffic Management Bond program for acquisition of 1-ig1Its-01-\vZu_ Section 3. The City Manager shall provide reports to the City Council :-.;5-,ardMg expenditure of funds for TMB land acquisition, providing a detailed accoun6111 of property acquired, value ranges established, and purchase price. 51-3 Section 4. This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of , 2000. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary 51-4 I �` ICI I i is �I a � I��i Y � i I•I-' i - 4 rg f ! i1 j I i I j I I :I 1 1 f;. •4 1 I I Uly of Southlzukle, -1 i i I Billy ('aniphell, City Nlanager I�voill: Charlie A honuis. ('ity 1 .1w,Ineer, extension 814 i� tiuhject: Authorize the Mayer to execute a residential Developer N�Irccll -1,, ;or the Worthing Addition I Action Requested: !\nthorizc the Mayor to execute it residential Devci,•lwIIs AILI •'Jl C111 or the Worthing Addition i B.Ickground lidorniation: Ilic Final plat for the Worthing addition located ,,I- adjacent Cambridge Place Addition was approv,,o �n 10-tq-oo Jh,� addition consists of nine residential lots on a cut �1� sttt oil •'.11:shtmv Drive. I'Ahi, Developer's Agreement is the aL'reenient :Ind covers the construction of public vvi:ter aril sanitary sewer. The Park Board reconunenuk -; p, rk !c< 1,500 per lot in accordance with the ordinance. S Iwc ;tic Karl. 'tu Ord recommendation, the addition has peen changed lw,;l tU IN to Financial Considerations: None Citizen Liput/ Board Review: The Park Board recommends a Park I'ee of 1 C; 161 fog 16.1, 1-)is or $1 ),S00. l,e-;al Review: is the City's standard residential Developer'., :�.; r���:u�, ni .,� �_.inally \vritten by the city Attorney. Alternatives: Approve it, deny it or modil_v it Supporting I)ucuiututs: :\greentent 5J- 1 s Plat Exhibit Staff Recommendation: Please place on the City Council agenda for December 5, 2000 for Council consideration and approval. Charlie 4J. Tho as City Engineer 5J-2 c .y�# (Name of Addition) RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referral to -3s the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of_Wo #tg.3 _�+_ , hereinafter referred to as the ".4luition" :o the City of Southlake, Tarrant County, Texas, for the installation of cer�ein community facilities located therein, and to provide city services thereta. !t is understood by and between the parties that this Agreement is applicable to ;he —9 = lots contained within the Addition and to the off-site impro\/ement,_; necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civi! engineer licensed io practice in the State of Texas for the design and preparation of irte plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots, one , after installation of the water and sewer mains. Framing shall not commence ul!til water quality is approved by the City and all appropriate Fire Corse requirements are satisfied, and street signs with stra::t .riarlles are in place. Temporary all-weather metal signs secur.ly fastened in the ground are acceptable until permanent street signs aro installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings wili not be issued until the supporting public works infrastrt.IctUie including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. F itis will serve as an incentive to the Developer to see that all remaining items are completed. 5J-3 1Zesi(lential I)eveloper Agreement I C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to t`ie City guaranteeing and agreeing to pay an amount equal ,o 1001i) of the value of the construction cost of all of the facilities to he constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreernrunt between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All Letters of Credit musT meet she Requirements for Irrevocable Letter of Credit attached Iiereto sand incorporated herein. The value of the performanc6 bond, Letters of Credit or trash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow tunds must be accompanied by lien release(s) executed by all !�ulx:ontractor: and/or suppliers prior to the release of escrow funds of reduction in value of the account. Performance and payment band, Letters. of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City mairitei lance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the. construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued pr :r to the final City acceptance of the Addition. Th_ mzintenanc.e bonds, letters of credit or cash escrow will be suppGek1 to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any rec;c;iwd maintenance. If the Developer chooses to construct bar ditches in lieu Of curb ai,d gutter, and the City approved the design and grade of bar ditclae- . Developer understands and agrees to provide mainteri arice on tiie bar ditches for a period of two years from the date of �4cceptarice of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. 5J-4 Residential Developer Agreement E. Until the performance and payment bonds, Letters of c-;redit or c-ash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be cdi ;en by City and no work shall be initiated on or in said Addition by Dc-ieiopar, sa\/e and except as provided above. F. It is further agreed and understood by the parties hei-eto that upon acceptance by the City, title to all facilities and iir provameolLs mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agroed that until the City accepts such improvements, the City shall havr no liability or responsibility in connection with any such facilities. Acceptancle of the facilities shall occur at such time that the City, thi-cagh its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities Lace complete, have been inspected and approved and are being accented by the City. G. On all public facilities included in this Agreement fo, which Developer awards his own construction contract, Dc\;eloper agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (;j%) of the cost of the water, street, drainage ands nitary seviar facilities, on all facilities included in this Agraerneni for which Developer awards his or her owr. construction contract, to be paid prior to constructioo 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, atarnage and sanitary sewer facilities, on all facilities included in this Agreement for ,which Developer awards his or her own construction contract, to be pair Driol to construction of each phase and based on actual hint construction cosi; C. Trench testing (95% Standard); d. The additional charge for inspections during Satufd,-), Sunday, holidays, and after normal wowing hours: e. Any charges for re-testing as a result of failed tests; 5J-5 Residential 1)eveloper Agreement f. All gradation tests required to insure prop^r cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the road\.,%,: y subgrade (95% Standard)-, b. Technicians time for preparing concrete cylinder; and C. Concrete cylinder tests and concrete co:ing samples_ The City can delay connection of buildings to servi�:e iines or water mains constructed under this Agreement until said water mains and service lines have been compieted to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as r.iil be responsible for mowing all grass and weeds arld otherwise: reasonably maintaining the aesthetics of all land and Icts in said Addition which have not been sold to third parties. After ; fteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such c.,osf remain unpaid for 120 days after notice, the City can iile. a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by th City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such �;ity Attomey has approved the instrument. Approval by the Cit;' hall not be. unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in tree State c.f Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any wDix under this or any other Developer's Agreement wilhin the City regardless of such company's authorization to dc; husiness ;n Texas. Approval by the City shall not be unreasonably withheld or delayed. 5J-6 KCsidkntial Developer A-reement -1 II. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water faciliiie:s to service lots as shown on the final plat of the Addition. Water facilities be installed in accordance with plans and specilicati�)ns to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation ;n accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials %nd engineering. In the avent that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the overs!Ze cost greater than the cost of an 8" line. Additionally, the _:jfiy agrees to provide temporary water service at Developer's requetit and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of home, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necescery drainage facilities within the Addition. These facilities shall be in accordanc with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made Evart of the final plat as approved by the Planning at,d Zoning Commission. The Developer hereby agrees to fully comply with -all EPA requirements relating to the planning, pa rmitting and management of storm water which may be in force at the tit,te that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with ail previsions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, s,�-ite, and loci�i laws that are applicable to development of this Addition -- 5J-7 Residential Developer Agreement D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and rrieased by the Director of Public Works. Streets will be. installed in accordance with the plans and specifications to by prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is {payable to the City prier to final acceptance of the Addition; or an agreement P/Ith utility provider stating that no charge wili be made for street lights for the two-year duration. b. Installation of all street signs designating the naives of the streets inside the Addition, said signs to be of a type, size, color and design standard generaliy employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs rc;comrrterid-_,d based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by thr Director of Public Works. It is understood that Oaveioper may put in signage having unique architectural features, however, should the signs be moved or diestroyeO by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin o!� any street included herein prior to complying with the requiremews 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 a;e programmed. It is understood by and hetween the. Developer and the Cite that this requirement is aimed at 5J`8 Resicicntial Developer Agreement 0 substantial compliance with the majority of the Dre-planned _ facilities. It is understood that in every construction proj :;t a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Pu'c:ic Works as quickly as possible when such a need has been identifieci and to work cooperatively with the City to make: such utility change in a manner that will be least disrUptiVC- tc str&-t construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitaiv sexverage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's, engineer and released by the City. Further, the Deve!(,I.->er aq et-s to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be reEponsible for all construction costs, materials and engineering. in ili<; event that certain sewer lines are to be oversized becatise of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of ar. 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets fre-, from soil build-up. The Developer agrees to use soil control mo lsures 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 ply, that will be implemented for this Addition. When in the opinion of the f)irect�r of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to dear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City iTiay cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense ^.II expenses must by paid to the City prior to acceptance of the Addition. 5J-9 1\,es1(JkA1tial I)eveloper Agreement G. AMENITIES It is understood by and between the City and Deveioper that t;-ie Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic !akes, unique: landscaping, walls and ma;1 incorporate specialty signage and accessory facilities. The Developer agrees to accept responsilmity for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and iake improvements until such responsibility is turned over to a homeowners associak0n. H. USE OF PUBLIC RIGHT-OF-\/VAY It is understood by and between the City and Deveioper that the Developer may provide unique amenities within public right-of-way. such as landscaping, irrigation, lighting, etc., for the enhancem nt of the Addition. The Developer agrees to maintain these: amenities until such responsibility is turned over to a r�omeown(-rs association. The Developer and his successors and assigns understand that the City shall not be respons;b!e 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 `a► of injury to property or third person occasioned by its use of the public right-of-way with regard to these improver Tents and the Developer shall, at his own cost and expense, defend and protect the City against all such clairns and demands. I. START OF CONSTRUCTION Before the construction of the streets, and the `Hater, sewer, at drainage facilities can begin, the following must take place: 1. Approved payment and performance b-Dnds must be submitted to the City in the name of the Cit; prior to the commencement of any work. 2. At least six (6) sets of construction plans ie be stamped "Released for Construction" by the Director of Public k/Vorks must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5J-10 Re�idential Developer noreemcnt 5 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre-construction meeting between Develop and City i-s required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will b(, providing greater than a $1,000 value to the Alidition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEr,.11NIFY 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 IPEPSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT L1101TATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANT S), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONISTRUCTION, MAINTENANCE. OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL 'FUR, HER BE LIABLE FOR INJURY OR DAMAGE TO CITY 'PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CON TRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITER, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL. THE C13Y ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, R-S 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 EMPI_CYEES. B. Venue of any action brought hereunder shall be i.o Fort W.-th, Tarrant County, Texas. 5J-11 I:csidential Developer Agreement r C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by th:: Developer pursuant to this Agreement shall not constitute or be U`eemed t�) he a release of the responsibility and liability of the Developer, engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval chilli not be deemed to be an assur-iiption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, serv;lnls or employees, it being the intent of the parties that ap pioval by the Director of Public Works sign'If;es the City's approval on only the general design concept of the improvements to be co,,structed. in this connection, the Developer shall for a period of twc, (2) years after the acceptance by the City of the completed construe;tion project, indemnify and hold harmless the City, its offices, agents, servants and employees, from any loss, damage, iiability of- expense on account of damage to property and injuries, incluui►ig death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs ;wd specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his over► expense any suits or other proceedings brought again-: the City, ifs officers, agents, servants or employees, or any of them, on acco►mt thereof, to pay all expenses and satisfy all judgement %an:ch rr,ay he incurred by or rendered against them or any of their. in corin--cti,-)n herewith. D. This Agreement or any part herein, or any interest herein, shall riot be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably s✓ithhe!d er 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 cr ,.:e!ayecl, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to nA qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature 5J-12 Resi(iential [)eveloper Agreement IU F. Work performed under the Agreement shall be completed wi!h,'I two (2) years from the date thareof. In the event tiv work is volt completed within the two (2) year period, the Uv !r:ay, ;;t ;is election, draw on the performance bond, Letter of Credit, or ot;;� ► security provided by Developer and complete such Ntork ,t Developer's expense, provided however, that if t,►c: :-*nstrrrctl()n under this Agreement shall have started within the two (") yc:m period, the City may agree to renew the Agreeincrit with sl;;.l; renewed Agreement to be in compliance with the Otv policies in effect at that time. G. The City is an exempt organization under Section 61.309, k Code, and the facilities constructed under this Acgre:,,nw;nt wil; he dedicated to public use and accepted by th<< i:ity uu()rt acknowledgement by the City of completion under Palagrapl► I.I 1 . The purchase of tangible personal properly, c:th(.r tt.;in machinery or equipment and its accessories, iopair, titid replacement parts, for use in the performc►nce of this Agreement is, therefore, exempt from Tciihation ►rrli; .,► Chapter 151, Tax Code. if the tangible property i a. necessary and essential for the performance of tl)e Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the perforrnaw-P of this Agreement is exempt if the service is p(2i'Orrned at 11 job site and if: a. this Agreement expressly requires the spo6fic to be provided or purchased by the person R)er1omi1:1(_1 the Agreement; of 1.). the service is integral to the perfer►wince of ',I,e Agreement. H. Prior to final acceptance of the Addition, the D-voloper st►<•1Il provide to the City three (3) copies of Record Di a,.vi+cgs of Addition, showing the facilities as actually constructer; 5J-- 13 I:r,iclrntial Developer Agreement II I. Such drawings will be stamped and signed Ly retti:at: < 1 professional civil engineer. in addition, the Develop::: -;hall l..>,ov i(!r; electronic files showing the plan and profile of the s:A:.it.1ry sew.:r, storm drain, roadway and waterline-, all lot lines, and ti_: ill to t►:e state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,' �) pee lo! accordance with the Subdivision Ordinance No. 43 r Sec1iGtt There are approximately __9 _ lots in the Addition, mnich wuti':. bring the total cost of Park Fee to $13,500_. FleoGe note 0,e original plat shown to the Park District showed 10 lots D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requireme;tt Preservation Ordinance No. 585-A. ;_K."NED AND EFFECTIVE on the date last set torth below. UL VLLOPER: Talisman Homes_ ky l itlf _Agent - Address: 1609 Oak Knoll Drive_ _Colleyville, TX 76034_ ., 5J- 1 4 K: Ilintial Ih' rlt�t 'r .' �icrntrnl I_' STATE OF COUNTY OF On before me, ------------- ----Notary Public,Public, personally appeared _ personally known to me (or proved to me on the basis of satisfactory -vid'. twf ) be the person whose name is subscribed to the within t acknowledged to me that he executed the same in his authorized c ipacity, ai,-? that by his signature on the instrument, the person, or the entity ut;or, beha;i ,) which the person acted, executed the instrument. WITNESS my hand and official seal. _ _ --- --------------------- EAl_) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS BY Rick Stacy, Mayor A I LEST: Sandra LeGrand, City Secretary Date: -- -- -- - 1 5J 5 I<�,iLIclitial Do cluher ng.rceruent I REQUIREMENTS FOR IRREVOCABLE LETTER OF CRED!T 1 The Letter of Credit must have a duration of at least one ye::u 2. The Letter of Credit may be substituted for utility sect m;; depo .W-' exceeding $10,000.00. The City reserves the right to spe-iry Hie f.t, amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured r::..,:,!: in a t 1mi acceptable to the City of Southlake. The City reserves tfte right IO approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a mi.tii nurn cal ;L d ratio of six percent (6%), and has been profitable for each of `he last M,; consecutive years. :> The customer must provide the City with supporting financ :A ir:tollllrJl(jil on the bank to allow the City to ascertain requirements are financial information would be the previous two (2) years C��cen�i� l 1 Call Reports submitted to the FDIC and audited financial state!i't-nts. G Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtan, w,,, I ::tier )t C red it. 9. Expiring Letter of Credit must be replaced by substitute Letters I Credit , t least 30 days prior to the expiration date on the Letter of Cretil, held b\/ if,e City. .. 5J-1 6 kt,,tii(lcntial Dcve10 a A reement II City of Southlake, Texas MEMORANDUM July 11, 2000 TO: Charlie Thomas, City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Recommended Park Dedication Requirements — J.W. Hale Survey, Abstract No. 803, Lots 1 through 10 (Worthing Addition) At their June 10, 2000 meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for the J.W. Hale Survey, Abstract No. 803 (Worthing Addition), a ten (10) dwelling unit residential development. The required land dedication for this development is 0.25 acres or$15,000 in fees in lieu of land dedication. Section 7.05 (A)(1)of the City of Southlake Subdivision Ordinance states the following: "The City Council shall,upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." • The Parks and Recreation Board approved a recommendation to the City Council to approve that the park dedication requirements for this development be met through. payment of fees in the amount of$15,000 in lieu of parkland dedication. The Parks and Recreation Board voted 6-0 to approve a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. i Please note that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the i above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affects the fee criteria, if any. t- KH CC: Malcolm Jackson, Chief of Building Services Bruce Payne, Director of Planning i 5J-17 City of Southlake • • Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-114 PROJECT: Proposed Lots 2R1 & 2R2, Block 5, Cornerstone Business Park REQUEST: On behalf of Southlake Cornerstone Business Park, LP, Par-3 Properties, LLC, is requesting approval of the plat revision for Lots 2R1 & 2R2, Block 5, Cornerstone Business Park. ACTION NEEDED: Conduct public hearing. Consider plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Developer Comments fir+ (F) Surrounding Property Owner Map (G) Surrounding Property Owner Responses (H) Blue Line Copies of Plans (for Council and Commission Members Only) STAFF CONTACT: Dennis Killough(Ext. 787) Case No. Agenda Item ZA00-114 5L BACKGROUND INFORMATION OWNER: Southlake Cornerstone Business Park, LP APPLICANT: Par-3 Properties, LLC PROPERTY SITUATION: Located in Cornerstone Business Park at the end of the Silicon Court cul-de- sac. The primary purpose for this request is to divide the lot for conveyance of the proposed north lot. HISTORY: This property was zoned from "AG" to "0-1" and preliminary platted in May of 1997. The final plat was approved in September of 1997. LEGAL DESCRIPTION: Lot 2, Block 5, Cornerstone Business Park, being 2.7804 acres. LAND USE CATEGORY: Office Commercial CURRENT ZONING: "0-1" Office District P&Z ACTION: November 9, 2000; Approved(4-0) subject to Plat Review Summary No. 2, dated November 3, 2000. P&Z SPEAKERS: None STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated November 3, 2000. NACommunity Development\wP-FILES\MEMO\2000cases\00-114PR.doc Case No. Agenda Item Attachment A ZA00-114 5L Page 1 Vicinity Map Lots 2R1 & 2R2 Southlake Cornerstone Business Park W f ••�@My I I 'Pq a�._PpON �S aE F ciTr iuu 6 St ESP f 9RE S S rt o a w TNWESTPke FAST 11 7 E�a FPaaPa ��a' I K SM i� aOf ❑ �G � W Eyce .MP IGpFs I Pp K .1t10PIA .N S µNE NE c �! Eta SINESS GRSEN E 1 } 7 A BUSINE EN I 7 `l PPaK ti V y ' S� n a W- a �F � 3000 0 3000 6000 Feet N W E w S Case No. Agenda Item Attachment B ZA00-114 51, Page 1 lit a se Y1 €5al3 $ 5 �. a igBE 6ji` €� iBB€ g 8 I-- V -R H I O m W 58`o � N y € rfia S gQ = fi$R`• i dio€pp E u ,ggg} I e, 6 ca4 8 al 5yW. iE Q +✓' ��` g� •1 6i 6€y s ��� fi N' O�Kr� �••- S yd3! YG6J€R : ,fic �g5 v a - E epp SeE R; - m< c a [■ D �Sn6.d(a : i y f€ a ulp a M`° a e} n aZ gZi .F@ldi d a gag32e $ ya$ gl: a3g � M a r€ O S j / i Jaj9tt€aRI PS�ig g �.. aYgg;s i € a=- P x ? €€ $� ;x� F- °ci C565�lpy!p 8 MIX �((`q 12 "! Sg Y9i p? v N(Q a N< o 2'yI <� as ?<n aw en raj NZ�< �m� SxgN; €� o _ :^ $1 j la O� a< $i= atlas N J O aNar �sfi gi aM4a-_ 6 .. a-g{ gai sg €- 5 gg o N 2E a si} a D$gfiEaBia "+ yy &g� Rut ; Y co Al 8 pia $€v `�i i1ai�g€ �e jjj��! 'a- €fiidbii. j43sE g�e°$ a:j > < �� Rs;;g} Ra,}8a €a H. x }R F g€ -i.".s I.a fii€p � s �_r � In 9a t z } gg a Yy cc n of €jp3 iDe ' Y` Mp nFcp a y�.1` cg a•_.° ! iDiy � R-ip HIN it�as6- °q� 's fka 9LZ_3..09,OL.CO 5 — —— ! -- - ---/4-°r spa / y �,y � ti�•� a�,x '� 1 a�,/§ ��= it 1! vbC /.rl ar °,� pp t S. o�. P pp N YC g JJJJJJ VV"y _a vsaAm. Ai $ 47 Case nt C ZA00-114 5 L Page 1 q V q Y ']UT 'S2uP2Tnsuv N si a a u r 6u:i HrnP nnn7 Oh'07:cr n;, i i n r.0 nun'.1-117 n 7 r a a r unnI\ u Page 1 of 1 PLAT REVIEW SUMMARY Case No.: ZA00-114 Review No.: Two Date of Review: 11/03/00 Project Name: Plat Revision-Lot 2R1& 2R2, Block 5, Cornerstone Business Park being a revision of Lot 2, Block 5, Owner: Surveyor: Southlake Cornerstone Business Park, LP JDJR Engineers & Consultants, Inc. 13154 Coit Road, Ste 102 2505 Texas Drive, Ste. 109 Dallas, Texas 75240 Irving, Texas 75062 Phone: (972) 671-9120 Phone: (972) 252-5357 Fax: (972) 671-9115 Fax: (972) 273-8860 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/20/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT. 787. Informational Comments * The purpose of this Plat Revision is to convey ownership of the proposed north lot and to abandon a portion of previously dedicated drainage easement. The applicant has has met all requirements of previous reviews. * It appears this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 must be executed on subsequent Plats to be filed in the County Plat Records. * A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth(across from the old red courthouse). There is a service charge of$10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I I" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. Case No. Agenda Item Attachment D ZA00-114 5L Pagel PAR - 3 PROPERTIES, L.L.C. 2810 Market Loop, Suite 100 Southlake,Texas 76092 Tel: 817-999-5336 817-251-0557 Fax: 817-416-0024 26 September, 2000 Planning and Zoning Commission CITY OF SOUTHLAKE c/o: Planning Department Attn: Dennis Killough 1721 E. Southlake Boulevard, Suite 100 Southlake, Texas 76a92 Subj: Plat Revision, Block 5, Lot 2, Southlake Cornerstone Business Park Dear Sirs: The attached Plat Revision is presented for your consideration. The purpose for this revision is conveyance of Lot 2R2 for eventual consolidation. with the property-adjacent to this Lot to the North, as part of a forthcoming Concept Plan submittal. Thank you very much for your assistance with this project. Respectfully, Max Krugler Par-3 Properties, LLC MK:tb cc: Jeff Wang Case No. Agenda Item Attachment E ZA00-114 5L Page 1 Surrounding Property Owners Lots 2R1 & 2R2, Southlake Cornerstone Business Park FFI 1 2 3 C o x 0 p G7o61 G ML Property Owner Zonine Land Use Description Acreaee 1. Southlake Cornerstone Bs 1. 11 I-1" 1. Industrial 1. 1.58 acres 2. Southlake Cornerstone Bs 2. "I-1" 2. Industrial 2. 1.68 acres 3. Southlake Cornerstone Bs 3. 110-1" 3. Office Commercial 3. 1.55 acres Case No. Agenda Item Attachment F ZA00-114 51, Page 1 Surrounding Property Owner Responses Lots 2R1 & 2R2 Southlake Cornerstone Business Park NO. OF NOTICES SENT: One (1) RESPONSES RECEIVED: None Case No. Agenda Item Attachment G ZA00-114 51, Page 1 City of Southlake, Texas MEMORANDUM December 1, 2000 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (ext. 806) SUBJECT: Resolution No. 00-110, appointing one member to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake Action Requested: City Council approval of Resolution No. 00-110, appointing one (1) member to serve on the Board of Directors of the Tax Increment Reinvestment Zone (TIRZ) Number One of the City of Southlake. Background Information: This resolution appoints one (1) representative to the TIRZ Board of Directors to fill the vacant, unexpired term of former Carroll Independent School District (CISD) Board of Trustees President Susan Logan. On July 18, 2000 the City Council appointed Dr. Logan to the TIRZ Board of Directors through May of 2001. As defined in Ordinance No. 682 and clarified in Ordinance No. 761, which established the TIRZ and created the Board of Directors, the City is responsible for appointing eight (8) members to the board. In addition, the governing bodies of each of the other taxing entities (CISD, Tarrant County, Tarrant County College, Tarrant County Hospital District) appoints one (1) member to the board. Section 2(l) of the participation agreement with CISD requires that the City allow CISD to name one of the City's appointees to the TIRZ Board of Directors. "To the extent permitted by law, the City shall allow the School District to name one of the City's appointees to the Board of Directors of the Reinvestment Zone at all times during the term of this Agreement." CISD indicated that they would like to appoint current School Board President Rob Glover to fill the remainder of the unexpired term. The CISD has indicated that Mr. Glover would be in attendance at the December 5, 2000 TIRZ Board of Directors Meeting, and the meeting agenda and materials will be sent to Mr. Glover along with the other Directors. Financial Considerations: Not Applicable. Billy Campbell, City Manager December 1, 2000 Page 2 Citizen Input/ Board Review: Not Applicable. Legal Review: The City Attorneys have been involved in the TIRZ process and can respond to any legal questions or issues which may arise during the meeting. Alternatives: Not Applicable. Supporting Documents: Supporting documents include the following: ■ Copy of Resolution 00-110, appointing Carroll Independent School Board of Trustees President Rob Glover to serve on the TIRZ Board of Directors for the remainder of the term (through May of 2001) vacated by former CISD Board President Susan Logan. Staff Recommendation: Place as an item on the December 5, 2000 City Council agenda to approve Resolution No. 00-110, appointing Mr. Rob Glover to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. E I RESOLUTION 00-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE. WHEREAS, the City Council of the City of Southlake, Texas, after public hearing created Tax Increment Reinvestment Zone Number One, City of Southlake, on September 23, 1997; and WHEREAS, a Board of Directors was established by the City of Southlake Ordinance No. 682, adopted September 23, 1997, to administer the Zone and was amended by Ordinance No. 761, adopted December 7, 1999; and WHEREAS, the City Council of the City of Southlake appointed eight members to the Board of Directors of Tax Increment Reinvestment Zone Number One on July 18, 2000; and WHEREAS, there currently exists one vacant position on this board held by former CISD Board of Trustees President Susan Logan, the City of Southlake is to appoint one (1) member to fill the remainder of the term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: (W Section 1. That all matters in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City of Southlake hereby appoints the following member to fill the vacant position on the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, to fill the remainder of the term of office through May of 2001: 1. Carroll Independent School District Board of Trustees President Rob Glover Section 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent records. Section 4. That this resolution shall be effective immediately upon passage by the City Council. t Resolution No. 00-110 December 5,2000 Page 2 of 2 PASSED AND APPROVED THIS THE DAY OF , 2000. CITY OF SOUTHLAKE, TEXAS APPROVED: MAYOR RICK STACY ATTEST: SANDRA L. LeGRAND CITY SECRETARY C,',%/ o* Scuthlake, T a,;as i CIF -NIORAND M i !— November 29, 2000 "h,,- Campbell, Gtv .'4anager I � From: Charlie,Thomas, City. Engineer ,lydinarc: \c. '�}Y, "a P.ewdin .fib 1ndr.T�;Tle It -2r:d oi:+claim of 1 r<ic: A ;f the Woodlaods Heights subdivision. i i i ! action t:eClaes:0.: Staff Iequests Councl! cu approve O.dinarce No. 7». 1`1 Read.n;_, which is for the abandonment and quitclaim of Tract A in the Woodland Heights subdivision. y I Background Information: The Woodland Heights subdivision platted in 1982. At the time, the developer platted a tract of land, shown as Tract A on the plat, and conveyed the land to the City. Tract A was located between Lots 9 & 10. Block i and v✓a. 35 ie,,t wide (see attache', Exhibit A). The tract of Ia,A I was planned to be used for access to the land immediately west of the Woodland Heights subdivision owned by Theron Ragan. The City was negotiating with Mr. Ragan to purchase a portion of his property to use for a site to construct an elevated water storage tank. Once houses began to be built and residents began to live in the Woodland Heights subdivision, an opposition to the elevated water storage tank ensued. Thereafter, plans to construct the elevated water storage tank on the Ragan tract were abandoned. Eventually, the elevated water storage tank was constructed where it currently exists in the Miron Business Park. Tract A is no longer of any use to the City and would be better served if it is abandoned and quitclaimed to the adjoining landowner. Ms. Donna Halley, the owner of Lot 10 that adjoins Tract A has mowed and maintained Tract A for twelve years. Therefore. Staff recommends quitclaiming Tract A to her. Ms. Halley_ has agreed to accept the land if the City quitclaims it to her. I I Financial I Consider ations: None to quitclaim the property to %(_s. Hallett. At this time. The City is not receiving property taxr:s from Tract A. Once Tract A is quitclaimed to Nk H lley, she w1?1 be required to nay property taxes on the lend. I 7 ` A— 1 Citizen Input; Board Revietiv: Ms. Haliev has agreed to accept Tract A. serves no purpose to the City. Alternatives: Council can either retain ownership of Tract A or abandon the property. �7uaPo!tin2 Documents: Lxhibit .A Ordinance No . ;y-4 Quitclaim Deed Staff Recommendation: Staff recommends Council approve Ordinance No. 794, 1" Reading,, which is for the abandonment and quitclaim of Tract A in the Woodland Heights subdivision. Please place this item on the November 7, 2000 Regular City Council Agenda for approval. SEP/s.p 7A-2 ORDMANtIM 1,410. 794 A ORDINANCE VAC-A`rI,'qG .1,ND ABANDONING TRACF .4 OF THE ',4JC�:CLAND HE:IG�i S SU:3 VIC-ION :N TEE Ci i Y Cr "30JITHLAKc- TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A' -OUtTCLAIM .DEED RELEASING PUBLIC OWNERSHIP INTEREST 4NND CONTROL. OF SAM PiGHT-OF WAY: PROVIDi4G A SEVERA36-17,' CLAUSE, AND PRCVID;NG AN FFE;.TIVE DATE. V'i;ERL:r.S t��e Cit,y of Scuthi;,ka, Texas i, h--,nie i-uJF, city accir,g crr;ier 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, a tract of land has been previously dedicated by plat to the City of Southlake by the developer of the Woodland Heights Subdivision in the City of Southlake, Tarrant County, Texas: and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that Tract A of the Woodland Heights Subdivision is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment; WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Tract A, the City desires to execute a quitclaim deed releasing all title, ownership and control of said Tract A to the owner of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 7 f SECTION 1. Co:-,nty, Texas, nmore specifically shown, in Exhibit "A" attached hereto and incorporated herein for all purposes, is not being used by. nor useful or convenient to the public it a L,)'res.;Jr_jing rje-ellt, r rl,e pu�)';v %vo!!Id be Letter serl,'ed ar-; ben=;fted Dy i`s vacatior an:-! aban.donrnent. According;;, the ab ve described r:47-L-of-wav is hereb,/ v , t-d and abando, ed �s puloiiir or,:;pe,ty nd shall r veil in iee simple to 1vls. Donna Halley & Mr. Hay Grupp, tide c;%vner o Lc� 1C of the Woodland Heights Subdivision. SECTION 2. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of Tract A of the Woodland Heights Subdivision, 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 Judgment or decree of any court of competent Jurisdiction. such unconstitutionality shall not affect any of the remaining phrases, clauses, sent,. e S. =`?I r"?Z hs = s C Io ns of this ordirance. since the sa;ie 'v1/OU ': ,'la`Je 7A-~4 fir• enacted by the City without the incorporation in this ordinance of any such SECTION 5. s,iU c li i 'O arc -, ,zcci r c i� a .=r i; Nuss,-i e Is so ordained i7;ASSFK) AND ",P.PROVED OV FIRST READING ON rH!S _ , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 1 A—5, QUITOL_Al tit DEED § KNOW ALL MEN BY THESE PRESENT: COUNII Y OF TARRANT § C t; Cr ,,ut: ake, Cou it o Tarrart. Sta`a of exas of e, re I I `+ ',1Gr d i r r ���..f,:, �.�_,y and cen",.,,,aen, has determined that Traci � ��� the Woodland Heights �ubd;visiorr,, in the City o; Sc,uth;ake, nere;nafter more specifically shown on Exhibit "A" at:aohe1 hereto an fncc; rpuratedj herein, is not being used oy -or -,:se ul an ConveriE' r it iliUte: a �iUDIIC %i'afg? n'IihOut ? i.err�: UGr;Ci n�7 pub�:c benefit, and the puLi;c would be better served and benefited o; its vacGtion 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 Donna Halley & Ray Grupp ("Grantee"), any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to Tract A of the Woodland Heights Subdivision shown on Exhibit "A," SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining the utility easement in the entirety of Tract A. TO HAVE AND TO HOLD all of Grantor's 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 or assigns shall have, claim or demand any right or title to the aforesaid right of way, premises or appurtenances or any part thereof. EXECUTED this day of 2000. CITY OF SOUTHLAKE By: Mayor 7A --6 EXH I BIT A rf! 7d a ro117 a�-, �I CV- N T ` - AO'-- - ICI > Y0z O J a SUBJECT PROPERTY - F U ouz Me- cc r7 W m uw¢ N ¢� H ^ =im PIN ,Y o -az 7A-7 City of Southlake, Texas _ T MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 795, 2" Reading, An Ordinance authorizing the Issuance of Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C Action Requested: Approval of Ordinance No. 795 on 2nd reading to issue certificates of obligation for capital improvement projects. Background Information: On November 7, 2000, the Council approved Resolution No. 00-100. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, the V reading was on November 7th and 2°d reading and public hearing is scheduled for December 5th. Approval of Ordinance No. 795 will set in motion the legal requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding early January. A copy of the proposed schedule of events is included. On October 7, 2000, the Council approved the FY 2000-01 Capital Improvement Project Budget consisting of street and drainage projects totaling $4,417,169. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds. The proceeds from the bonds will be used for street and drainage improvements. Financial Considerations: The debt will be repaid through the City's ad valorem tax rate. These certificates will not affect the FY 2000-01 $.422 tax rate, and it is the City's intent to maintain the tax rate within the planning parameters of the multi- year financial plan. Citizen Input/ Board Review: The Public Hearing is scheduled for December 5t`' Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. Billy Campbell, City Manager November 30, 2000 Page 2 Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Ordinance No. 795 5-year CEP Budget Tax-Supported Capital Improvement Program Staff Recommendation: Approval of Ordinance No. 795, 2' reading, authorizing the issuance of $4,570,000 of Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C. U �l t ORDINANCE NO. '�q5 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-C"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$4,570,000 for the purposes of paying contractual obligations to be incurred for(a)the construction of public works,to wit:(i)street improvements,including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (b) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on November. , 2000 and November_, 2000, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and (W bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation Principal Amount Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$4,570,000,to be designated and bearthe title"CITY OF SOUTHLAKE,TEXAS,TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-C" (hereinafter referred to as the "Certificates"),for the purposes of paying contractual obligations to be incurred for(a)the construction of public works,to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (b) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. 871480.1 �l g-3 SECTION 2: Fully Registered Obligations. - Authorized Denominations-Stated (W Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated December 1, 2000 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2003 $ 100,000 % 2004 100,000 % 2005 105,000 % 2006 115,000 % 2007 120,000 % 2008 125,000 % 2009 130,000 % 2010 140,000 % 2011 145,000 % 2012 155,000 % 2013 160,000 % 2014 170,000 % 2015 180,000 % 2016 190,000 % 2017 200,000 % 2018 215,000 % (W 2019 225,000 % 2020 240,000 % 2021 250,000 % 2022 265,000 % 2023 285,000 % 2024 300,000 % 2025 320,000 % 2026 335,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2002. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates,due and payable by reason of maturity, redemption,or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders")appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the 8714W.1 -2- ►. T r United States of America,which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of U. S. Trust Company of Texas, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment,transfer and exchange of the Certificates(the "Security Register")shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement",substantially in the form attached hereto as Exhibit A,and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in New York, New York (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date(the last business day of the month next preceding each interest payment date) and shall be paid by the Paying (W Agent/Registrar(i)by check sent United States Mail,first class postage prepaid,to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close,then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a "Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. 8714N.1 -3- s 1 SECTION 4: Redemption. (a) Optional Redemption. The Certificates maturing on and after February 15,2011 shall be subject to redemption prior to maturity,at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2010, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five(45)days prior to a redemption date for the Certificates(unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Certificates having Stated Maturities of February 15, 20 and February 15, 20 ("Term Certificates")shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount (W Approximately forty-five(45)days prior to each mandatory redemption date for the Term Certificates,the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Certificates for a given Stated Maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption date,(1)shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or(2)shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a)of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is 871480.1 -4- obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty(30)days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv)state that the Certificates,or the portion of the principal amount thereof to be redeemed,shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed,shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate(or the principal amount thereof to be redeemed)atthe then applicable redemption price are held forthe purpose of such payment by the Paying Agent/Registrar and (v)specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has • been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,the Paying Agent/Registrar shall register and deliver,in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of 871480.1 -5 T � interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise hergin provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost,destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue ortransferto an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of'Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants(the DTC Participants").- While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the 'Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter,the Certificates in definitive form shall be assigned,transferred and exchanged on the Security Register maintained by the Paying Agent/Registrarand payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution-Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are orwere the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s)and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Certificate shall be entitled to any right or benefit under this Ordinance,or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas,or his duly authorized agent,or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence,and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either(i)as a single fully registered certificate in the total principal amount of$4,570,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or(ii)as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s)shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval,certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial 871480.1 -7- l Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized (W denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates,the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association)and such legends and endorsements(including insurance legends in the event the Certificates,or any maturities thereof,are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof,with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved,typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000-C Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: December 1, 2000 Registered Owner: Principal Amount: DOLLARS 871480.1 -g- The City of Southlake (hereinafter referred to as the "City"), a body corporate and fir► municipal corporation in the Counties of Tarrant and Denton,State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months;such interest being payable on February 15 and August 15 in each year, commencing February 15, 2002. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede&Co.,the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the 'Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $4,570,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for(a) the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization,and(b)professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code,Subchapter C of Chapter 271,as amended,-and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates maturing on dates hereinafter identified (the "Term Certificates") are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: 8714W.1 -9- � 1 Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount The particular Term Certificates of a given maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Certificates for a given maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of like maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Certificates maturing on and after February 15,2011 may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2010, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date,the City shall cause a written notice of such redemption to be sent by United States Mail,first class postage prepaid,to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed)shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar,and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part,the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered ownerwithin 45 days of the redemption date therefor; 871480.1 -10- f provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues(as defined in the Ordinance)of the City's combined Waterworks and Sewer System (the "System"), such pledge being limited to an amount not in excess of $1,000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates;the terms and conditions relating to the transfer or exchange of this Certificate;the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders;the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the (W meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity,of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption,in whole or in part,and(iii)on any other date as the owner for all other purposes,and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be 871480.1 -11- established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time,form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance;that the Certificates do not exceed any Constitutional or statutory limitation;and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal,or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) 8714W.1 -12- (W C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) off. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance;the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in New York, New York, is the "Designated Payment/Transfer Office"for this Certificate. Registration Date: U. S. TRUST COMPANY OF TEXAS, N.A., Dallas, Texas, as Paying Agent/Registrar By Authorized Signature 871480.1 -13- (W E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: the within Certificate and all rights thereunder,and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of,the certificate the headings"Interest Rate isand "Stated Maturity "shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton,State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Ownernamed above,orthe registered assigns thereof,the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). 871480.1 -14- (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months;such interest being payable on February 15 and August 15 of each year, commencing February 15, 2002. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by U. S. Trust Company of Texas, N.A., Dallas, Texas (the "Paying Agent/Registrar'), upon presentation and surrender, at its designated offices in New York, New York(the"Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date",which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized,and the levy of taxes and appropriation of Net Revenues therefor,the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $4,570,000 "City of Southlake, Texas, Tax and Limited Pledge Revenue Certificates of Obligation, Series 2000-C"authorized by this Ordinance. (b) The term "Certificate Fund"shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term"Government Securities"shall mean(i)direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii)noncallable obligations of an agency or instrumentality of the United States,including obligations unconditionally guaranteed or insured bythe agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm 871480.1 -15- not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations payable solely from the revenues of the System and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues"shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term"Outstanding"when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates forwhich payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and 871480.1 -16- (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. 0) The term "Previously Issued Certificates"shall mean the outstanding (1) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge)Revenue Certificates of Obligation, Series 1990",dated August 1, 1990, issued in the original principal amount of $1,100,000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation,Series 1992", dated May 1, 1992, issued in the original principal amount of $1,300,000, (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994, originally issued in the principal amount of $4,350,000, (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996", dated February 15, 1996, originally issued in the principal amount of $2,380,000, (5) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997", dated February 15, 1997, originally issued in the principal amount of $9,670,000, (6) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998", dated May 15, 1998, originally issued in the principal amount of$13,910,000, (7)"City of Southlake,Texas,Tax and Waterworks and Sewer System(Limited Pledge)Revenue Certificates of Obligation,Series 1999", dated April 1, 1999, and originally issued in the principal amount of$17,030,000 and (8)"City of Southlake, Texas, Tax and Limited Pledge Revenue Certificates of Obligation, Series 2000", dated March 1, 2000, and originally issued in the principal amount of$3,895,000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987",dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000,(3)"City of Southlake,Texas,Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A", dated October 1, 1992, and originally issued in the aggregate principal amount of$1,300,000, (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2000-A", dated March 1, 2000, and originally issued in the aggregate principal amount of$9,245,000, and (5) "City of Southlake, Texas,Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation,Series 200013",dated December 1,2000,and originally issued in the aggregate principal amount of $8,165,000, and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made 8714M.1 -17- payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates,there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000-C TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND",and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance (W with the provisions of the"Public Funds Investment Act"(V.T.C.A., Government Code, Chapter 2256)relating to the investment of"bond proceeds'; provided that all such investments shall be made in such a mannerthat the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessaryto prevent any default in connection with the Certificates. SECTION 12: Tax Lew. To provide for the payment of the"Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding,a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements,full allowance being made for delinquencies and costs of collection;said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements,and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the 8714W.1 -18- City for such purpose is adequate to permit a legally sufficient tax in consideration of all other (W outstanding indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition,any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund,and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations,the Net Revenues of the System in an aggregate amount not to exceed $1,000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of$1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations)shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the"City of Southlake Waterworks and Sanitary Sewer System Fund"(hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. 871480.1 -19- (W SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision(except any portion thereof as may be at anytime properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing underV.T.C.A,Government Code,Sections 1502.056 and 1502.058 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. SECTION 17: Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part,from the Net Revenues(without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and secured in such manner as the City Council may determine. Additionally, the City reserves the right without any limitations or restrictions to issue additional obligations payable(in whole or in part)from and secured by lien on and pledge of the Net Revenues of the System of equal rank and dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued Certificates and the Certificates. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any,conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. 871480.1 -20- SECTION 19: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate,or in lieu of and in substitution for such destroyed,lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude(to the extent lawful)all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders,the principal of, premium, if any,and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Certificates or any principal amount(s)thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor,together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as 871480.1 -21- "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s)thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing,any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that,without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of,premium,if any,and interest on the Certificates,reduce the principal amount thereof,the redemption price, or the rate of interest thereon,or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2)give any preference to any Certificate over any other Certificate,or(3)reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b)of the Regulations. 8714W.1 -22- "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. 'Rebate Amount'has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1)any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. „r (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively,would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own,operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, 871480.1 -23- constructed or improved with such Gross Proceeds in any activity carried on by (W any person or entity(including the United States or any agency, department and instrumentality thereof)other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition,construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder,the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2)capacity in or service from such property is committed to such person or entity under a take-or-pay,output orsimilar contract or arrangement;or(3)indirect benefits,or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e)of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and 871480.1 -24- apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law,the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes,the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2)of the Regulations, one hundred percent(100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made (W at the times, in the installments, to the.place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h)of this Section because such transaction results in a smaller profit or a larger loss than would have 871480.1 -25- resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. Q) Elections. The City hereby directs and authorizes the Mayor,City Secretary, City Manager and Director of Finance, individually or jointly,to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sale of Certificates - Official Statement Approval. The sale of the Certificates authorized by this Ordinance to (herein referred to as the "Purchasers") in accordance with the Purchase Contract,dated December 5,2000,attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified,confirmed and approved,and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations,warranties and agreements of the City(contained therein)are true and correct in all material respects and shall be honored and performed by the City. Furthermore,the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor,City Manager,Director of Finance or City Secretary,individually or collectively), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated December 5, 2000, in the reoffering, sale and delivery of the Certificates-to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates,excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, including specifically guaranteed investment contracts permitted in V.T.C.A., Section 2256.015, et seq, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings,remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. 871480.1 -26- SECTION 25: Control and Custody of Certificates. The Mayor of the City shall be and (W is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates,the investigation by the Attorney General of the State of Texas,including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s)to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly provided)if in writing and sent by United States Mail,first class postage prepaid,to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice,either before or after the event with respect to which such notice is given,and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and 871480.1 -27- delivered as of the date of delivery and payment for the Certificates. An executed counterpart (W of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however,that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governinq Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. ► SECTION 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. 871480.1 -28- "NRMSIR' means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2000) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit B hereto. Financial statements to be provided shall be(1) prepared in accordance with the accounting principles described in Exhibit B hereto and (2)audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report,when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 871480.1 -29- 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,of anyfailure bythe City to provide financial information oroperating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations,Disclaimers,andAmendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule,except that the City in any event will give the notice required by subsection(c)hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are forthe sole benefit of the Holders and beneficial owners of the Certificates,and nothing in this Section,express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results,condition,or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY,WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART,OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended orshall act to disclaim,waive,or otherwise limit the duties of the City under federal and state securities laws. 871480.1 -30- The provisions of this Section may be amended by the City from time to time to (W adapt to changed circumstances resulting from a change in legal requirements,a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1)the provisions of this Section,as so amended,would have permitted underwriters to purchase orsell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount(or any greater amount required by any other provision of this Ordinance that authorizes such an amendment)of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place,and subject matter of the public business to be considered at such meeting,including this Ordinance,was given,all as required by V.T.C.A.,Government Code,Chapter 551,as amended. (W 871480.1 -31- F ! SECTION 38: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, November 7, 2000. PASSED ON SECOND READING AND ADOPTED, this December 5, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 871480.1 -32- J (W Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. 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E-+ F+ E* . z� • OW r �J PIC •p •C •p Uj u Aen U '4 '0 O O P •O Cd bA •p D p •p 11 C �A 4 bA PC ��,, bA •bA +� C) O "Q •p O 4-4 .� O O 4-( O o w ° O �' w ° Vi � . In O ° i y •N p (W Op" a� y U v, Q V qw o U .�, ed 0 0 O y � G� y O V O a o MOO y o pz PC PC o a0 v� HNF� ri1 FE* E* U O O � 0.+ �p two O o� Coll ova o� � w ^y � w • o w w h �w to In t`1 � d' N d• [� M tn M let io4 6f} 5f} {f} 1 #Owl c i `tcoo A' b O POO CA's City of Southlake, Texas 4 MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 796, 2nd Reading, An Ordinance authorizing the Issuance of Tax & WW & SS Surplus Revenue Certificates of Obligation, Series 2000-D Action Requested: Approval of Ordinance No. 796 on 2nd reading to issue certificates of obligation for capital improvement projects. Background Information: On November 7, 2000, the Council approved Resolution No. 00-101. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, the I' reading was on November 7`h and 2nd reading and public hearing is scheduled for December 5`h. Approval of Ordinance No. 796 will set in motion the legal requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding early January. A copy of the proposed schedule of events is included. On October 17, 2000, the Council approved the FY 2000-01 Capital Improvement Project Budget consisting of water and sewer capital improvement projects totaling $7,934,586. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds. The proceeds from the bonds will be used for water and sewer capital improvement projects. Financial Considerations: The water and sewer neighborhood projects will be repaid through the City's utility Fund and the projects that are part of the City's Impact Fee Study will be repaid through collected impact fees. Citizen Input/ Board Review: A Public Hearing is scheduled for December 51h (W Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. 1 Y Billy Campbell, City Manager November 30, 2000 Page 2 Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Ordinance No. 796 Waterworks & Sewer System Capital Improvement Program Staff Recommendation: Approval of Ordinance No. 796, 2nd reading, authorizing the issuance of $8,165,000 of Tax & WW and ' SS Surplus Revenue Certificates of Obligation, Series 2000-D. (W �c-a 1 T • ti IL ORDINANCE NO. AN ORDINANCE authorizing the issuance of"CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-D"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance,payment,security,sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$8,165,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and(b)professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram on November_, 2000 and November _, 2000, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor,City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines the certificates of obligation described in the aforesaid notice should be issued and sold at this time in the principal amount and manner identified below; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$8,165,000,to be designated and bearthe title"CITY OF SOUTHLAKE,TEXAS,TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-D" (hereinafter referred to as the"Certificates"), for the purposes of paying contractual obligations to be incurred for(a)the construction of public works, to wit: improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations,and (b)professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the 871544.1 Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, (W Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated December 1, 2000 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2002 $240,000 % 2003 250,000 % 2004 265,000 % 2005 275,000 % 2006 290,000 % 2007 305,000 % 2008 320,000 % 2009 340,000 % 2010 355,000 % 2011 370,000 % 2012 395,000 % 2013 420,000 % 2014 440,000 % (W 2015 465,000 % 2016 495,000 % 2017 520,000 % 2018 550,000 % 2019 590,000 % 2020 620,000 % 2021 660,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2002. SECTION 3: Terms of Payment-Paying_Agent/Registrar. The principal of, premium, if any,and the interest on the Certificates,due and payable by reason of maturity, redemption,or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America,which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. 871544.1 -2- t y The selection and appointment of U.S. Trust Company of Texas N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment,transfer and exchange of the Certificates(the "Security Register")shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement",substantially in the form attached hereto as Exhibit A,and such reasonable rules and regulations as the Paying Agent/Registrarand the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Regis6ar at its designated offices in New York, New York (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date(the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar(i)by check sent United States Mail,first class postage prepaid, to the address of the Holder recorded in the Security Register or(ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close,then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15,2011 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple 871544.1 -3- S 11 thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, (W 2010, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five(45)days prior to a redemption date for the Certificates(unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Certificates having Stated Maturities of February 15, 20 and February 15, 20 ("Term Certificates") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount Approximately forty-five (45)days prior to each mandatory redemption date for the Term Certificates,the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Certificates for a given Stated Maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which,at least 50 days prior to the mandatory redemption date, (1)shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or(2)shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a)of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. 871544.1 -4- V (d) Notice of Redemption. Not less than thirty(30)days prior to a redemption date for (W the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense,to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv)state that the Certificates,or the portion of the principal amount thereof to be redeemed,shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed,shall cease to accrue from and after the redemption date,provided moneys sufficient for the payment of such Certificate(or the principal amount thereof to be redeemed)at the then applicable redemption price are held forthe purpose of such payment by the Paying Agent/Registrar and (v)specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor (W Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,the Paying Agent/Registrar shall register and deliver,in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the 871544.1 -5 1 1 Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates"shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 20 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part,within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of"Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company(DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants(the"DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the 'Beneficial Owners") being recorded in the records of DTC and DTC Participants. 871544.1 -6- In the event DTC determines to discontinue serving as securities depository for the (W Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case maybe. Thereafter,the Certificates in definitive form shall be assigned,transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution-Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s)and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas,or his duly authorized agent,or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence,and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either(i)as a single fully registered certificate in the total principal amount of$8,165,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or(ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s)shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval,certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee 871544.1 -7- i r thereof, and such other information and documentation as the Paying Agent/Registrar may (W reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates,the Registration Certificate of the Comptrollerof Public Accounts of the State of Texas,the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions,and othervariations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association)and such legends and endorsements(including insurance legends in the event the Certificates,or any maturities thereof,are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof,with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved,typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000-D Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: December 1, 2000 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid 871544.1 -8- t upon prior redemption) and to pay interest on the unpaid principal amount hereof from the (W Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2002. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede&Co.,the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the 'Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $8,165,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended,and pursuant to an Ordinance adopted by the City Council of the City(herein referred to as the "Ordinance"). The Certificates maturing on dates hereinafter identified (the "Term Certificates") are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount 871544.1 -9- The particular Term Certificates of a given maturity to be redeemed on each redemption date (W shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Certificates for a given maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of like maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Certificates maturing on and after February 15,2011,may be redeemed priorto their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2010, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date,the City shall cause a written notice of such redemption to be sent by United States Mail,first class postage prepaid,to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede& Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/TransferOffice of the Paying Agent/Registrar,and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part,the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and, together with the outstanding Previously Issued Certificates (identified and defined in the Ordinance), are additionally payable from and secured by a lien on and pledge of the Net Revenues(as defined in the Ordinance)of the City's combined Waterworks and Sewer System (the "System"), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Net 871544.1 -10- S Revenues of the System securing the payment of 'Prior Lien Obligations" (as defined in the (W Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise as well as the right to issue additional obligations payable from the same sources as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate;the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity,of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption,in whole or in part, and (iii)on any other date as the owner for all other purposes,and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 871544.1 t i It is hereby certified, recited, represented and declared that the City is a body corporate (W and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time,form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance;that the Certificates do not exceed any Constitutional or statutory limitation;and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal,or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) 871544.1 C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate off. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas,and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE�OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance;the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in New York, New York, is the "Designated Payment/Transfer Office"for this Certificate. Registration Date: U.S. TRUST COMPANY OF TEXAS, N A, as Paying Agent/Registrar By Authorized Signature 871544.1 (W E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: the within Certificate and all rights thereunder,and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section except that the form of a single fully registered Initial Certificate shall be modified as follows: (W (i) immediately under the name of the certificate the headings 'Interest Rate it and "Stated Maturity "shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton,State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above,orthe registered assigns thereof,the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). 871544.1 -14- (or so much thereof as shall not have been prepaid prior to maturity)and to pay interest on the (W unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months;such interest being payable on February 15 and August 15 of each year, commencing February 15, 2002. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by U.S. TRUST COMPANY OF TEXAS, N A, Dallas,Texas (the"Paying Agent/Registrar"),upon presentation and surrender,at its designated offices in New York,New York(the"Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date",which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized,and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $8,165,000 "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-D" authorized by this Ordinance. (b) The term "Certificate Fund"shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term"Government Securities"shall mean (i)direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii)noncallable obligations of an agency or instrumentality of the United States,including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm 871544.1 -15- not less than AAA or its equivalent and (iii) noncallable obligations of a state or (W an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System,including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues"shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term"Outstanding"when used in this Ordinance with respect to Certificates means,as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 21 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 20 hereof. 871544.1 -16- (j) The term "Previously Issued Certificates" shall mean the (W outstanding and unpaid (i) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation,Series 1992A",dated October 1, 1992,originally issued in the principal amount of$1,300,000 and"City of Southlake,Texas,Tax And Waterworks And Sewer System Surplus Revenue Certificates of Obligation, Series 2000-A", dated March 1,2000,originally issued in the principal amount of$9,215,000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds,Series 1987",dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply,treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. (1) The term "Additional Certificates" shall mean tax and revenue obligations hereafter issued under and pursuant to the provisions of V.T.C.A., Local Government Code,Subchapter C of Chapter 271,or other law and payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Net Revenues of the System on a parity with and of equal rank and dignity with the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates. SECTION 11: Certificate Fund. Forthe purpose of paying the interest on and to provide a sinking fund for the payment,redemption and retirement of the Certificates,there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000-D TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND",and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. 871544.1 -17- C Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the"Public Funds Investment Act"(V.T.C.A., Government Code, Chapter 2256)relating to the investment of"bond proceeds'; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levv. To provide for the payment of the"Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements,full allowance being made for delinquencies and costs of collection;said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements,and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after(a)deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements priorto the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be 871544.1 -18- levied and the Collection Date for the taxes to be levied during the next (W succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13: Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, all the Net Revenues of the System, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Previously Issued Certificates, the Certificates, and Additional Certificates, if issued, and the pledge of Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City hereby covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the"City of Southlake Waterworks and Sanitary Sewer System Fund"(hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of Operating and Maintenance Expenses of the System as defined in herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment,security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: Equally and ratably,to the payment of the amounts required to be deposited in the special funds and accounts created and established for the payment of the Previously Issued Certificates, the Certificates (the Certificate Fund), and Additional Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. 871544.1 -19- SECTION 15: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the pledged Net Revenues of the System in the System Fund, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal payments then due and payable on the Certificates. Such deposits to pay accrued interest and maturing principal on the Certificates from the Net Revenues of the System shall be made in substantially equal monthly installments on or before the 10th day of each month; provided, however,should the annual tax levy pursuant to Section 12 hereof be sufficient to pay in full the principal and interest on the Certificates, no such monthly deposits to the Certificate Fund from the Net Revenues of the System shall be required. Furthermore,accrued interest received by the City from the purchasers of the Certificates and any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract)shall be deposited in the Certificate Fund and such amounts deposited to the Certificate Fund shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes and the Net Revenues of the System. SECTION 16: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision(except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 17: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas,including said powerexisting underV.T.C.A,Government Code,Sections 1502.056 and 1502.058 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the outstanding Prior Lien Obligations, Previously Issued Certificates,the Certificates and the outstanding "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge)Revenue Certificates of Obligation, Series 1990",dated August 1, 1990 and "City of Southlake,Texas,Tax and Waterworks and Sewer System(Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated May 1, 1992, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994,"City of Southlake,Texas,Tax and Waterworks and Sewer System(Limited Pledge) Revenue Certificates of Obligation, Series 1996", dated February 15, 1996,"City of Southlake,Texas,Tax and Waterworks and Sewer System(Limited Pledge) Revenue Certificates of Obligation, Series 1997", dated February 15, 871544.1 -2 0- 1997,"City of Southlake,Texas,Tax and Waterworks and Sewer System(Limited Pledge) Revenue Certificates of Obligation, Series 1998", dated May 15, 1998, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999", dated April 1, 1999, the "City of Southlake, Texas, Tax and Limited Pledge Revenue Certificates of Obligation,Series 2000",dated March 1,2000 and the"City of Southlake,Texas, Tax and Limited Pledge Revenue Certificates of Obligation, Series 2000-C", dated December 1, 2000, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. SECTION 18: Issuance of Prior Lien Obligations and Additional Certificates. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and, also reserves the right to issue Additional Certificates which, together with the Certificates,shall be equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. SECTION 19: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the pledge of revenues herein made for the payment and security of the Certificates. SECTION 20: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate,or in lieu of and in substitution for such destroyed,lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. 871544.1 -2 1 Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated,destroyed, lost or stolen Certificates. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders,the principal of, premium, if any,and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates)and all covenants,agreements,and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s)thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent,which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys (W deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s)thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing,any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. 871544.1 -22 SECTION 22: Ordinance a Contract-Amendments. This Ordinance shall constitute a (W contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time,amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance;provided that,without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any,and interest on the Certificates,reduce the principal amount thereof,the redemption price or the rate of interest thereon,or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2)give any preference to any Certificate over any other Certificate,or(3)reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 23: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b)of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c)of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. 871544.1 -23 "Regulations" means any proposed, temporary, or final Income Tax (W Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1)any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2)the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively,would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing,unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own,operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition,construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder,the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For 871544.1 -2 4- purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned"to a (W person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2)capacity in or service from such property is committed to such person or entity under a take-or-pay,output or similarcontract orarrangement;or(3)indirect benefits,or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the City shall not at anytime prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b)of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e)of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law,the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest 871544.1 -25- thereon from the gross income of the owners thereof for federal income tax (W purposes,the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2)of the Regulations, one hundred percent(100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder,and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that (W reduces the amount required to be paid to the United States pursuant to Subsection (h)of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. 0) Elections. The City hereby directs and authorizes the Mayor,City Secretary,City Manager and Director of Finance, individually or jointly,to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 24: Sale of Certificates-Official Statement Approval. Sale of Certificates - Official Statement Approval. The sale of the Certificates authorized by this Ordinance to (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated December 5, 2000, attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract,the Council hereby finds, determines and declares that the representations, warranties and agreements of the City 671544.1 -2 6- (contained therein) are true and correct in all material respects and shall be honored and (W performed by the City. Furthermore,the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor,City Manager,Directorof Finance or City Secretary,individually or collectively), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated December 5, 2000, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 25: Proceeds of Sale. The proceeds of sale of the Certificates,excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, including specifically guaranteed investment contracts permitted in V.T.C.A., Section 2256.015, et seq, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes (W shall be deposited to the credit of the Certificate Fund. SECTION 26: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates,the investigation by the Attorney General of the State of Texas,including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s)to the Purchasers and the initial exchange thereof for definitive Certificates. 871544.1 -2 7- SECTION 27: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly provided)if in writing and sent by United States Mail,first class postage prepaid,to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice,either before or after the event with respect to which such notice is given,and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 28: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 29: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery LV of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 30: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however,that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 31: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. 871544.1 -28- SECTION 32: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict,and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 33: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 34: Effect of Headings. The Section headings herein are forconvenience only and shall not affect the construction hereof. SECTION 35: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 36: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 37: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. WRMSIR' means each person-whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMS►R and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2000) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 24 of this Ordinance, being the information described in Exhibit B hereto. Financial statements to be provided shall be(1)prepared in accordance with the accounting principles described in Exhibit B hereto and (2)audited,if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall 871544.1 -2 9- provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any (W SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the (W Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,of anyfailure by the Cityto provide financial information oroperating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations,Disclaimers,andAmendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule,except that the City in any event will give the notice required by subsection(c)hereof of any Certificate calls and defeasance that cause the City to be no longer such an 'obligated person." The provisions of this Section are forthe sole benefit of the Holders and beneficial owners of the Certificates,and nothing in this Section,express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City 871544.1 -3 0- undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results,condition,or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY,WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART,OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended orshall act to disclaim,waive,or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements,a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section,as so amended,would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment,as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount(or any greater amount required by any other provision of this Ordinance that authorizes such an amendment)of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid,but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 38: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, 871544.1 -31- place,and subject matter of the public business to be considered at such meeting, including this (W Ordinance,was given,all as required by V.T.C.A.,Government Code,Chapter 551,as amended. SECTION 39: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, November 7, 2000. PASSED ON SECOND READING AND ADOPTED, this December 5, 2000. CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 871544.1 -32- 1 � Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 37 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. 1171544.1 1 1 y � _ w CCU, o� O QQ PL ° 0.' o ° ►., �p Con .y Faso w o� � ^� � ■ ■ ■ ■ ■ ■ ■ (aw to �-1 ct N H O O O to O \p O �C �--� O to r-1 CN d' OA O et N tn fi v� ., Po EA PC ►� °�' A � o City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 797, 2"d Reading, An Ordinance authorizing the Issuance of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E Action Requested: Approval of Ordinance No. 797 on 2"d reading to issue certificates of obligation for capital improvement projects. Background Information: On November 7, 2000, the Council approved Resolution No. 00-102. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, the 1" reading was on November 7"' and 2nd reading and public hearing is scheduled for December 5 h. Approval of Ordinance No. 797 will set in motion the legal requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding early January. A copy of the proposed schedule of events is included. Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of the City's property tax. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, community college and Carroll school district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. Citizen Input/ Board Review: A Public Hearing is scheduled for December 5 h. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. V- Billy Campbell, City Manager November 30, 2000 Page 2 (W Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Ordinance No. 797 Tax Increment Reinvestment Zone Capital Improvement Program Staff Recommendation: Approval of Ordinance No. 797, 2nd reading, authorizing the issuance of $3,630,000 of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E. (W (W rib-opL., i T 1 (W ORDINANCE NO. rI q 9 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAXAND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-E(REINVESTMENT ZONE NUMBER ONE)';specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues;and resolving other matters incident and relating to the issuance,payment,security,sale and delivery of said Certificates,including the approval and execution of a Paying Agent/RegistrarAgreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in a maximum principal amount of$3,630,000 for the purpose of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof,has been duly published in The Fort Worth StarTelegram,a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on November_, 2000 and November , 2000, the date the first publication of such notice being not less than fifteen(15)days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS,no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$3,630,000, to be designated and bear the title"CITY OF SOUTHLAKE, TEXAS,TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-E (REINVESTMENT ZONE NUMBER ONE)" (hereinafter referred to as the "Certificates"), for the purposes of paying contractual obligations to be incurred for(a)the construction of public works in Reinvestment Zone Number One,to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. Y SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated (W Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated December 1,2000(the"Certificate Date")and shall be in denominations of$5,000 or any integral multiple thereof(within a Stated Maturity)and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2002 $ 155,000 % 2003 5,000 % 2004 140,000 % 2005 200,000 % 2006 260,000 % 2007 325,000 % 2008 395,000 % 2009 475,000 % 2010 550,000 % 2011 640,000 % 2012 60,000 % 2013 60,000 % 2014 65,000 % 2015 70,000 % 2016 75,000 % 2017 75,000 % (W 2018 80,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2002. SECTION 1 Terms of Payment-Paying Agent/Registrar. The principal of,premium,if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise,shall be payable onlyto the registered owners or holders of the Certificates(hereinafter called the"Holders")appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America,which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of U. S. Trust Company of Texas, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register")shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar,as provided herein and.in accordance with the terms and provisions of a"Paying 871631.1 -2- � r Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank,trust company,financial institution orother entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium,if any,on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in New York, New York (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar(i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of,the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday,Sunday,a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date)shall be sent at least five(5)business days prior to the Special Record Date by United States Mail,first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a)Optional Redemption.The Certificates maturing on and after February 15, 2011 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2010, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five (45) days prior to a redemption date for the Certificates(unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates,the principal amount of each Stated 871531.1 '3' Maturityto be redeemed,and the date of redemption therefor. The decision of the Cityto exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Certificates having Stated Maturities of February 15, 20 and February 15, 20 ("Term Certificates") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount Approximately forty-five (45) days prior to each mandatory redemption date for the Term Certificates, the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Certificates for a given Stated Maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City,by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption date, (1)shall have been acquired by the City at a price not exceeding the principal amount-of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or(2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a) of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date,the Paying Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by$5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty(30)days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice,and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. 871531.1 4- t � All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed,the principal amount thereof to be redeemed, (iii)state the redemption price, (iv)state that the Certificates,or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed,shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed)at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v)specify that payment of the redemption price for the Certificates,or the principal amount thereof to be redeemed,shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed)shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration -Transfer-Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof,the same shall be the valid obligations of the City,evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. 871531.1 -5- c , All transfers or exchanges of Certificates pursuant to this Section shall be made without (W expense or service charge to the Holder,except as otherwise herein provided,and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be"Predecessor Certificates,"evidencing all or a portion,as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of 'Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company(DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced-in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate(the"Beneficial Owners")being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates,the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter,the Certificates in definitive form shall be assigned,transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3,4 and 5 hereof. 871531.1 -6- SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C,manually executed bythe Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer,employee or representative of the Paying Agent/Registrar,and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either(i) as a single fully registered certificate in the total principal amount of$4,570,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or(ii)as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the 'Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. (W The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s),orthe designee thereof,shall cancel the Initial Certificate(s)delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities,principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates,the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association)and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an 871531.1 -7- opinion of counsel) thereon as may, consistently herewith, be established by the City or (W determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof,with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000-E (REINVESTMENT ZONE NUMBER ONE) Certificate Date: Stated Yield: Stated Maturity: CUSIP NO: December 1, 2000 Registered Owner: Maturity Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2002. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon,or its successor; provided, however,while this Certificate is registered to Cede &Co.,the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the 'Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid srisai.i -8- by the Paying Agent/Registrar by check sent United States Mail,first class postage prepaid,to the (W address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $3,630,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for(a)the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b)professional services rendered in relation to such project and the financing thereof,underand in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City(herein referred to as the "Ordinance"). The Certificates maturing on dates hereinafter identified (the "Term Certificates") are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount (W The particular Term Certificates of a given maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however,that the principal amount of Term Certificates for a given maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of like maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or(2)shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Certificates maturing on and after February 15, 2011 may be redeemed prior to their Stated Maturities,at the option of the City,in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on 871531.1 -9- (W February 15,2010,or on any date thereafter,at the redemption price of par,together with accrued interest to the date of redemption. At least thirty days prior to a redemption date,the City shall cause a written notice of such redemption to be sent by United States Mail,first class postage prepaid,to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed)shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner,without charge. If a Certificate is selected for redemption,in whole or in part,the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however,such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law,upon all taxable property in the City and,together with the Previously Issued Certificates (identified and defined in the Ordinance), are additionally payable from and secured by a lien on and pledge of Pledged Tax Increment Revenues (as defined in the Ordinance). In the Ordinance, the City reserves and retains the right to issue Additional Obligations payable, in whole or in part, from the Pledged Tax Increment Revenues and equally and ratably secured by a parity lien on and pledge of such Pledged Tax Increment Revenues without having to satisfy or comply with any terms or conditions precedent for their issuance other than as may be required by the laws of the State. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates;the nature and extent of the pledge of the Pledged Tax Increment Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate;the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders;the rights,duties,and obligations of the City and the Paying Agent/Registrar;the terms and provisions upon which the tax levy and the pledge of the Pledged 871531.1 -10- Tax Increment Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding (W thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by,or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrardulyexecuted by,the registered owner hereof,orhis duly authorized agent.When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity,of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar,and any agent of either,shall treat the registered owner whose name appears on the Security Register(i)on the Record Date as the owner entitled to payment of interest hereon, (ii)on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty(30)days thereafter, a new record date for such interest payment(a "Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail,first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the (W last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing underand by virtue of the Constitution and laws of the State of Texas;that the issuance of the Certificates is duly authorized by law;that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal,or unenforceable,the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF,the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS 871531.1 -11- COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (W Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates 871531.1 -1`�- D. Form of Certificate of Paying Agent/Registrar to (W appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in New York, New York, is the"Designated Payment/Transfer Office"for this Certificate. Registration Date: U. S. TRUST COMPANY OF TEXAS, N.A., Dallas, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: )the within Certificate and all rights thereunder,and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof,with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; 871531.1 -13- (ii) paragraph one shall read as follows: (W Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2002. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by U.S.Trust Company of Texas, N.A., Dallas,Texas(the"Paying Agent/Registrar'), upon presentation and surrender, at its designated offices in New York, New York(the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Pledged Tax Increment Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Creation Ordinance" shall mean Ordinance No. 682, adopted by the City Council of the City on September 23, 1997, as amended by Ordinance No.682-A adopted by the City Council of the City on December 2, 1997, providing for the creation and establishment of the Zone. (b) The term "Additional Obligations" shall mean obligations hereafter issued which by their terms are payable, in whole or in part, from and secured by 871531.1 -14- a parity lien on and pledge of the Pledged Tax Increment Revenues of the Zone of equal rank and dignity with the lien and pledge securing the payment of the (W Previously Issued Certificates and the Certificates. (c) The term"Certificates"shall mean the"City of Southlake,Texas,Tax and Tax Increment Revenue Certificates of Obligation, Series 2000-E (Reinvestment Zone Number One)" authorized by this Ordinance. (d) The term"Certificate Fund"shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (e) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes,the date the annual ad valorem taxes levied each year by the City become delinquent. (f) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City which may be any twelve consecutive month period established by the City. (g) The term"Government Securities"shall mean shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America,(ii)noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality,.or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (h) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 19 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 18 hereof. 871531.1 -1 rJ- (i) The term "Participating Taxing Units" shall mean the City and the following taxing units levying property taxes on real property in the Zone that have determined to deposit tax increment to the credit of the Tax Increment Fund pursuant to V.T.C.A., Tax Code, Section 311.013, to wit: Tarrant County, Texas, Tarrant County Hospital District and Tarrant County Junior College District. 0) The term "Pledged Tax Increment Revenues" shall mean all amounts deposited by all Participating Taxing Units to the credit of the Tax Increment Fund as provided by V.T.C.A., Tax Code, Section 311.013. (k) The term "Previously Issued Certificates" shall mean the outstanding and unpaid certificates of obligation, payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Pledged Tax Increment Revenues,more particularly described as follows:(1) "City of Southlake, Texas, Tax and Tax Increment Revenue Certificates of Obligation, Series 1999 (Reinvestment Zone Number One)", dated June 1, 1999, and originally issued in the principal amount of$3,610,000 and(2) "City of Southlake,Texas,Tax and Tax Increment Revenue Certificates of Obligation, Series 2000 (Reinvestment Zone Number One)", dated March 1, 2000, and originally issued in the principal amount of$11,925,036.45. (1) The term"Tax Increment Fund"shall mean the Tax Increment Fund created and established pursuant to the Creation Ordinance. (k) The term"Zone"shall mean"Reinvestment Zone Number One,City of Southlake,Texas",heretofore created pursuant to V.T.C.A.,Tax Code,Chapter (W 311 and the Creation Ordinance SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates,there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000-E TAX AND TAX INCREMENT REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates,such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar,money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said 871531.1 -16- Certificate Fund shall be credited to,and any losses debited to,the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the (W Certificates. SECTION 12: Tax Levy. To provide forthe payment of the"Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2%(whichever amount shall be the greater),there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding,a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements,full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements,it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Notwithstanding the requirements of this Section 12 for the levy of a sufficient ad valorem tax forthe Debt Service Requirements of the Certificates,the amount of ad valorem taxes required to be levied for the payment of Debt Service of the Certificates may be reduced by the sum of(i) the amount of Pledged Tax Increment Revenues then on deposit to the credit of the Tax Increment Fund at the time the City's annual tax rate is levied by the City Council and (ii) the amount of Pledged Tax Increment Revenues budgeted and appropriated for the payment of the Certificates from the tax levy then being made by the Participating Taxing Units. It is the intent of this Section 12 that the Certificates will be paid first from the Pledged Tax Increment Revenues and from ad valorem taxes only to the extent such Pledged Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements. SECTION 13: Pledge of Tax Increment Revenues. The City hereby covenants and agrees that the Pledged Tax Increment Revenues, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby pledged, equally and ratably, to the payment of the principal of and interest on the Previously Issued Certificates,the Certificates,and Additional Obligations,if issued, and the pledge of Pledged Tax Increment Revenues for the payment of the Certificates shall constitute a lien on such Pledged Tax Increment Revenues in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. In accordance with the provisions of the Creation Ordinance, the City represents and warrants to the holders of the Certificates that it has established a Tax Increment Fund for the Zone, which Fund is maintained at a depository bank of the City, and while the Certificates are Outstanding, the City agrees to deposit to the credit of the Tax Increment Fund all Pledged Tax Increment Revenues from the Participating Taxing Units when and as such Revenues are received in accordance with V.A.T.C., Tax Code, Section 311.013. SECTION 14: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest 871631.1 -17- payment date for the Certificates from the Pledged Tax Increment Revenues an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal (W payments then due and payable on the Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal semiannual installments on or before the tenth day of each February and August of each year, beginning with the February or August first to follow the delivery of the Certificates to the initial purchaser. The semiannual deposits to the Certificate Fund,as hereinabove provided,shall be made until such time as such Fund contains an amount equal to the amount to pay in full the principal of and interest on all the Certificates until their maturity or their scheduled redemption date. In addition,the accrued interest received from the sale of the Certificates and any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract) shall be deposited in the Certificate Fund,which amounts shall reduce the sums otherwise required to be deposited in said Fund from the Pledged Tax Increment Revenues. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds,and moneys on deposit in such Funds shall be used only forthe purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) The Zone has been established and created pursuant to Ordinance Number 682,as amended,and the provisions of the Act,and while the Certificates are Outstanding, tax increment revenues collected by the City and by the Participating Tax Units shall be deposited to the credit of the Tax Increment Fund as required by the provisions of the Act and this Ordinance (b) It has the lawful power to pledge the Pledged Tax Increment Revenues to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Chapter 311, Texas Tax Code, and V.T.C.A., Local Government Code, Sections 271.041, et seq. (c)Other than for the payment of the Previously Issued Certificates and the Certificates,the Pledged Tax Increment Revenues have not in any manner been pledged or encumbered to the payment of any debt or obligation of the City or of the Zone. SECTION 17: Issuance of Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue additional obligations payable, in whole or in part, from the Pledged Tax Increment Revenues and, to the extent provided, secured by a lien on and pledge of the Pledged Tax Increment Revenues of equal rank and dignity with the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates. SECTION 18: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated,or destroyed,lost or stolen,the Paying Agent/Registrar may execute 871531.1 -18- •1 and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such (W mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii)the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful)all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Pledged Tax Increment Revenues of the Zone (to the extent such pledge of Pledged Tax Increment Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements,and other obligations of the City to the Holders shall thereupon cease,terminate,and be discharged and satisfied. Certificates or any principal amounts)thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any,to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made)the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as"arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar,or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such 871531.1 -I9- moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of (W and interest on the Certificates and remaining unclaimed for a period of three (3)years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrarto the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 20: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate,or(3)reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 21: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b)of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b)of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to cant'out the governmental purposes of the Certificates. -20- "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the (W Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate,any proposed,temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1)any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts(or any property the acquisition,construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate,the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public)or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local govemment, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to 871531.1 -21- make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a (W person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2)capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement;or(3)indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) (W of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all otherfunds(and receipts,expenditures and investments thereof)and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However,to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date,the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f)of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its 971531.1 -22- general fund,as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas,the amount that when added to the future (W value of previous rebate payments made for the Certificates equals(i)in the case of a Final Computation Date as defined in Section 1.148-3(e)(2)of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent(90%)of the Rebate Amount on such date. In all cases,the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f)of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty(180)days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the City shall not,at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (W (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations,as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 22: Sale of Certificates - Official Statement Approval. The sale of the Certificates authorized by this Ordinance to (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated December 5, 2000, approved and authorized to be executed pursuant to Ordinance No. is hereby ratified, confirmed and approved. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated December 5, 2000, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such 871531.1 -23- final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 23: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, including specifically guaranteed investment contracts permitted in V.T.C.A.,Section 2256.015,et seq,and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 24: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s)pending the approval thereof by the Attorney General,the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, Director of Finance, and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of PublicAccounts. In addition,such officials,together with the City'sfinancial advisor,bond counsel and the Paying Agent/Registrar,are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s)to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 25: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner,such notice may be waived in writing by the Holder entitled to receive such notice,either before or after the event with respect to which such notice is given,and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 871531.1 -24- SECTION 26: Cancellation. All Certificates surrendered for payment,redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly (W cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and,if not already cancelled,shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 27: Bond Counsel's Opinion. The Purchasers'obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright&Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 28: CUSIP Numbers. CUSIP numbers may be printed ortyped on the definitive Certificates. It is expressly provided, however,that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 29: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is (W intended to be and shall be for the sole .and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 30: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 31: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular,and words of the masculine,feminine or neuter gender shall be considered to include the other genders. SECTION 34: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid,the remainder of this Ordinance and the application 87IM1.1 -25- t thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares (W that this Ordinance would have been enacted without such invalid provision. SECTION 35: Continuing Disclosure Undertaking_. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR'means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "S/D" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b)Annual Reports. The City shall provide annually to each NRMSIR and any SID,within six months after the end of each fiscal year(beginning with the fiscal year ending September 30, 1999)financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 22 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and(2)audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report,when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 871531.1 -26- 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d)Limitations, Disclaimers,and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c)hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it (W has expressly agreed to provide pursuant to:this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT,FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. 871531.1 -27- The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature,status, or type of operations of the City,but only if(1)the provisions of this Section,as so amended,would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances,and(2)either(a)the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or(b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection(b)an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 36: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place,and subject matter of the public business to be considered at such meeting, including this Ordinance,was given, all as required by V.T.C.A.,Government Code,Chapter 551,as amended. 871531.1 -28- SECTION 37: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, November 7, 2000. PASSED ON SECOND READING AND ADOPTED, this December 5, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: (City Seal) City Attorney 871531.1 -29- Y Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 35 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified(and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. 871531.1 �! M, tD i� , n �{ f w G CZ, C P4 h N � N i•�R ►v ro� ro� 0� 4� v �' •� ON C rot 4 't 'moo � °' � �+ c ti w O IV O O tn tn 'd' O [- O O C1 O t- C1 �z M O O M O O \O r^ 00 r-^ N O ON C\ O C1 �C tn 00 ON O �z ~ tnM l� � rr-I N M M en M Ui • os- iolD. b14. 109- 649- o � v _ cj •� Q G CIO LAO J ri W �✓ aI O l� O O O t� 'o • b 0 O � v a o • a14� � x r a PW •�y ,� � � � � 'yQ y O o U U U A r � x cot • � 4�•i �i �"i �" � c o o � vUVU O rl rw S: to HHH � City of Southlake • o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-109 PROJECT: Burger King REQUEST: On behalf of Burger King Corporation,Wainscott&Associates is requesting site plan approval for a restaurant. ACTION NEEDED: 1. Conduct public hearing 2. Consider Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Neighboring Property Owner Letters �W (H) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker(Ext. 753) Case No. Agenda Item ZA00-109 7E v BACKGROUND INFORMATION OWNER: Burger King Corporation APPLICANT: Wainscott & Associates PROPERTY SITUATION: This lot is 1.114 acres, located on the east side of North Kimball Avenue between F.M. 1709 and S.H. 114. It is directly in front of Lowe's development, currently under construction. There are some trees located on this site, but it appears that none will be preserved due to their location within the building's footprint, driveways, and parking areas. KFC / Taco Bell/Pizza Hut are located south of the site and McDonald's is to the North. HISTORY: Activity on this lot includes: • Rezoning(ZA83-026) from AG to HC in August, 1983 • Rezoning from HC to C3 in September, 1989 • Plat (ZA97-142) filed in October, 1998 • Site Plan (ZA98-087) for Lowe's and surrounding property improvements approved in September, 1998 LEGAL DESCRIPTION: Lot 3, Block 1, Kimball/1709 Addition, being 1.114 acres LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C-3" General Commercial District TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan recommends the following: 1) a 124' right-of-way, 6-lane divided arterial for North Kimball Avenue. Existing Area Road Network State Highway 114-is currently an east-west four(4)-lane divided roadway that runs to the north of the development. Current Texas Department of Transportation (TxDOT) plans are to improve State Highway 114 from its current configuration to a six (6) lane freeway with full frontage roads in the next two (2) years. No direct access to S.H. 114 is planned from this site. The intersection of S.H. 114 and Kimball Avenue is signalized. Kimball Avenue- is a two (2)-lane undivided north-south roadway located west of this development. The site does have access to Kimball Avenue via two common access drives proposed on the east and south property lines. If funded in the Capital Improvements Program,the ultimate roadway(6-lanes) is expected to be constructed by the end of 2002. Case No. Agenda Item Attachment A ZA00-109 7E Page 1 FM 1709 - is an east-west 5-lane undivided roadway with paved shoulders located south of the site. The intersection of F.M. 1709 and Kimball Avenue is signalized. Current plans of TxDOT are to re-stripe F.M. 1709 as a 7-lane undivided roadway. The site plan proposes no direct access onto F.M. 1709 (E. Southlake Blvd.) Traffic Impact The proposed development under build-out is projected to generate 1,806 vehicle trips per day. F.M. 1709 and Kimball Avenue are estimated to be currently operating(peak hours) at a Level of Service (L.O.S.) "E" and State Highway 114 is estimated to be operating (peak hours) at a L.O.S. "F". However, the L.O.S. for these roadways will improve once planned construction is complete. According to the Traffic Impact Analysis conducted by Kimley-Horn and Associates, the intersection of Southlake Boulevard and Kimball Avenue is expected to operate at a L.O.S. "B" and the intersection of Kimball and State Highway 114 is expected to operate at a LOS "C" once ultimate roadway construction is completed. The future intersection of Nolen Drive and F.M. 1709 is projected to operate at a L.O.S. "F" once build-out of this site has occurred. Kimley-Horn and Associates has recommended that the future intersection of F.M. 1709 and Nolen Drive be studied for signalization as the tracts of land between 1709 and State Highway 114 develop. The current traffic counts on Southlake Boulevard: 24hr West Bound(WB) (22,288 East Bound EB 21,042 WB Peak A.M. (1,313) l l a.m- Peak P.M. (2,280) 5 p.m.-6 p.m Noon EB Peak A.M. 1,930) 7a.m-8a.m. Peak P.M. (1,315) 5 .m.-6 .m. The current traffic counts on State Hi h ay 114: 24hr West Bound (WB) (30,062 East Bound EB 29,397 WB Peak A.M. 1,729 8a.m-9 a.m. Peak P.M. 3,011 5 .m.-6 .m. EB Peak A.M. 2,651 7a.m-8a.m Peak P.M. 1,956 5 .m.-6 .m The current traffic counts on Kimball Avenue are as follows: 24hr North Bound B 4,824 South Bound(SB) (3,902 NB Peak A.M. 664 7a.m.-8 a.m. Peak P.M. 341 5 .m.-6 .m. SB Peak A.M. 227 11 a.m-Noon Peak P.M. 361 5 .m.-6 .m. Trail System Master Plan The Trail System Master Plan recommends an Off-Road(Pedestrian/Bicycle) Trail along the western side of North Kimball Avenue and an On-Road Bike Route(Wide Outside Lane)along the eastern side of North Kimball Avenue. Case No. Agenda Item Attachment A ZA00-109 7E Page 2 WATER AND SEWER: An existing twelve(12) inch water line is located along the east side of North Kimball Avenue between S.H. 114 and F.M. 1709. An existing eight (8) inch sewer line is also located on the east side of North Kimball Avenue. Both systems have the capacity to serve the proposed development. ESTIMATED IMPACT FEES*: Water $6,090 Assumes - 2" meter, 1" irrigation meter Wastewater $3,780 Assumes - 2" meter; 1" irrigation meter Roadway $2,283.63 (Roadway Service Area 5 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: November 9,2000;Approved(4-0) subject to Site Plan Review Summary No. 3, dated November 3, 2000, and subject to the following: • To allow the variance to Item #1 to allow a portion of the northeast bufferyard to be 3' instead of 5'; • To allow the variances to Items#2 (100' stacking depth) and#3 (pitched roof). P&Z SPEAKERS: None STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 3, 2000. The applicant is requesting the following variances: • Bufferyards shall be located within and along the outer perimeter of a lot or a boundary line (RE: Section 42.3) and shall be a minimum 5-foot width. A variance may be granted to this requirement as set forth in Section 42.15.a. The Applicant has submitted a letter of justif cation addressing the off-setting of the bufferyards and the 3' reduced width within the northern bufferyard. • Provide a minimum 100' stacking depth on the south driveway which currently provides 79'. (RE: Driveway Ordinance Section 5.2.d). The Council may grant variances to the Driveway Ordinance as set forth in Section 8.2. The Applicant has submitted a letter of justification addressing this variance request. Note that the Applicant eliminated the northern driveway and relocated the drive to the East so as to ensure compliance with the stacking requirement on the North and to minimize the number of requested variances. • Buildings having less than 6,000 s.f. are required to have a pitched roof. (RE: Section 43.9.c.l.b). The Council may grant variances to the Corridor Overlay provision as set forth in Section 43.9.b. The Applicant Case No. Agenda Item Attachment A ZA00-109 7E Page 3 has submitted a letter of justification addressing the alternative flat roof and parapet roof design. N:\ConimunityDevelopmcnt\WP-FILES\MEMO\2000cases\00-109SP.doe Case No. Agenda Item Attachment A ZA00-109 7E Page 4 Vicinity Map Burger King E N T s� = O � i gM POON N f CITY H&L ESP RE CITY 6R W NS OF spa s GRAPEVINE NORTHWEST P1(yyy EAST J E G NjOL FPR gW :❑ E EOM S�N 7r aOV 7� GOB U K pEF ' GP< P n�srq M`RON US'P G U hj o � 00 RNER NE O M 1 E1 AR SINESS 2000 0 2000 4000 Feet MW W E S Case No. Attachment B ZA00-109 Agenda Item 7E Page 1 '�— • nns xrm.3wraw Tr r vas'a°Oia m`w°Nu nr p m�rx°d1�aamm�'� on:.n a^n�� . E J, B14M 9I/1tl 9�l3MYl.MI�DI[MMIAQIA19i[N'Wg1'ITYPW LqW�W.L tldp a �Yt I ' umm.nrnrauxixunm.xmoms.7mmem�xW wx� °1Nw so�"°'m.i-9 I I i i �Gj I.L �AII LJhII2I3ffl�iIJAI�[;ZLNffH HOL O O(Do s :uozi iNYHny"n d I !N I i pp y N � sx�ww�aww LaWramw o• ar �Irio 6L 5 1 pp� 12 1 g ® s i i m-Z--- v C ise o. a :; ge.,da It In Attachment C Z 0 -409 3 7E Pagi 1 Name Z I I svx31 '3Nv,1-ltnos SNouVA313 :ao.41NVMnvlsaw H01831x3 Jot Q 1 T ! 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" �j� ""'",w:w .�`.,s'q 7- SNOUV,313 �� M �NJ �� tlO�1NVHi1YlS3tl ° • 601631X3 jp) JNIN n3ounie o C � �IiIII ICI 7 � I IIII'ij� III I '� i 111 l I I II I I I ill'Il I �j I Ij I � - ,r � Ijjlll li i � ilji I Ij II I j I I ; � I i � Ilylll � �;:IIIII of III'' I I III �I i � '� II I ' III i� r1�'� I'Ilj Ilill jl �✓} I < I Ili is e, I f,lil Illj ryI I I i II I I Ilj�l If Iillll �I I Iai j a iai Ili Wlq I LL �I I � Iv ?n jj Ili of< :I o z r6i I .I m m� I \y\/ �V�L � �QI xFrvfE� I I I I ILL - m ase No. Agenda Item Attachm eAt C A00-109 7E Page 3 SVX31 `3XVIH1fi0S� rl N i l 'L ��N����O�n8 � a� � •tlOdlNVtlf1V1S3!! � aoii+3lxej�o'e �� O O O N CrJ h— C3 O oC_ i I I i I I I I I pj q. SI 4 � I I i I � i I I I I i I i ' I I j p I W 1i' it +" .� ; luIJ;. yn L I Case No. Agenda Item Attach ant C ZA00-109 7E Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA00-109 Review No: Three Date of Review: 11/03/00 Project Name: Site Plan—Lot 3, Block 1, Kimball/ 1709 Addition (Burger King) APPLICANT: ARCHITECT: Burger King_Corporation Wainscott& Associates 5356 Lansdowne Ave. 4815 Keller Springs Fort worth, TX. 76135 Addison, TX. 75001 Phone: (817) 238-9492; (817) 858-0740 Phone: (972) 447-9119 Fax: (817) 238-9492 Attn: Robert Drury/ Fax: (972) 447-9110 Attn: James Bratton Mike Ortego CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/23/2000 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 KEN BAKER AT(817)481-5581,EXT. 753. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comment No. 3 Residential Adjacency N Does not apply. Building Articulation Y Complies (See attached chart.) Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 1 Interior Landscape Y Complies Driveways Y See Comment No. 2 1. Bufferyards shall be located within and along the outer perimeter of a lot or boundary line per Section 42.3 of the zoning ordinance. The minimum bufferyard width is 5 feet; there appears to be a portion of the bufferyard northeast of the building that is only 3' wide. (Variance requested per Section 4ZI5.a of Ordinance No. 480.) 2. The south driveway does not meet the required 100' stacking depth required by the Council when approving the site plan for Lowe's.Note that the stacking depth is measured from the R.O.W. line to the westernmost edge of the south drive,resulting in stacking depths of approximately 79'. (Variance requested per Section8.2, Driveway Ordinance No. 634.) Case No. Agenda Item Attachment D ZA00-109 7E Page 1 3. In accordance with Ord. 480, Section 43.9.c.Lb, a pitched roof is required for buildings having a footprint of less than 6,000 square feet. This plan indicates a 3,640 square foot building footprint with a flat roof/parapet design. (Variance requested per Section 43.9.b, Zoning Ordinance No. 480, Corridor Overlay Zone.) Informational Comments: * Exterior lighting shall comply with Lighting Ordinance No. 693-B standards. * Mechanical/ventilation equipment shall be screened so as not to be visible from SH 114, FM 1709 and any adjacent public ROW per Section 43.9.c.l.c. * No review of proposed signs is intended with this site plan. A separate building permit meeting the requirements of Ordinance No. 704-A is required prior to construction of any signs. Contact Charles Bloomberg in Building Services, (817) 481-5581, ext. 747. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. cc: Burger King Corporation, Attn: Robert Drury/Mike Ortego, (817) 238-9492 att: Articulation Evaluation Chart No. 3 NACOMMUNITY DEVELOPMENT\WP-FILES\REV\2000\00-I09SP3.DOC\2000\00-I09SP3.DOC Case No. Agenda Item Attachment D ZA00-109 7E Page 2 ............ Articulation Evaluation No 3 Case No. ZA 00-109 Date of Evaluation. 11/03/00 Elevations for Burger King Received 10/23/00 . ...._. ... .._ Left-facing: North wall ht 9 .. .. :Horizontal articulation _Vertical articulation ....... Required: Provided. Delta Okay' Required: Provided Delta, Okay? Req .Max. wall length 27 27: 0o Yes: 27 27: 0 Yes. ........................ :Min. artic. offset 1 4< 300o Yes 1 2 100 Yes' .. Min. artic. length 7 17 143 Yes 7 17 143o Yes ............. (Right- facing South wall ht 9 Horizontal articulation :Vertical articulation .. Required Provided; Delta Okays Required Provided Delta Okay?', :Max. wall length 27 26 4.: Yes 27 27 0 Yes' Min. artic. offset 1 11 0 Yes' 1 2: 100 Yes' ...... ......... .. . Min. artic. length 7 7' 0 Yes 7 11 57 Yes; Front-facing West wall ht. 9' ........ ...... Horizontal articulation ;Vertical articulation Required Provided, Delta Okay? Required Provided' Delta Okay?. ......... .._..... . Max wall length p 27 27: 01-. Yes 27 .....24 -11 Yes. .............., i 'Min. artic. offset 1 21. 100o Yes 1 2 100 Yes +iin. artic. length 7 11 57o Yes 7 7 0 Yes .......... .......... ...- .. 'Rear- facing- East wall ht. 9 Horizontal articulation Vertical articulation Required Provided', Delta Okay?, Required Provided Delta Okay: .Max. wall length 27 241; 11% Yes 27 17 -37 Yes Min. artic. offset 1 10. 900o Yes 1 2 100 Yes: .... Min. artic. length 6 22, 267% Yes 4 17 3250, Yes,. .... Case No. Agenda Item Attachment D ZA00-109 7E Page 3 Ox000 COZ O O Architectural Services RECD OCT 2 7 2000 This letter is to formally request a variance for the proposed Burger King on Kimball Avenue between F.M. 1709 and Highway 114. The Corridor overlay zone that this project falls under, Section 43.9.b, requires that all structures smaller than 6,000 square feet have a pitched roof. This requirement is extremely impractical for a business that requires ventilation for the cooking unit hoods. There are already several other drive-thru type restaurants in the area which were allowed a variance from this requirement and have accomplished hiding all roof top equipment without the use of a pitched roof. Even though we are asking to not be required to have a pitched roof, we have raised our typical mansard and extended it around the entire building, to give the appearance that our building has a pitched roof. This will also insure that all of our rooftop mechanical and venting equipment will be fully screened from the public right-of-ways adjacent to our property. The height of our extended mansard roof is a minimum of 5' above the top of the built up roof deck. This should supply more than enough coverage to screen the units. Also, we would like to request a variance for the required driveway stacking along the South side of our property per Section 8.2 of the current Zoning Ordinance. We are asking to be allowed 79' instead of the required 100'. This would allow our drive to align with the Tricon development to the South along the private drive into the Lowe's parking lot. We feel that aligning these drives would help relieve confusion and potential traffic congestion into and out of both properties. In addition, we would request a variance for the bufferyards as required in Section 42.15. This section states that the required bufferyard be adjacent to the property line, however, our property lines on three side occur in the center of a driveway. We would still provide the required bufferyard, it would have to be at the edge of the existing driveways and not the property line. The only place where this is not possible is the northeast corner of the site by the drive-thru lane. At this location, we only have approximately a 3' area. However, this is a small section of the required bufferyard and it is on the rear of the property that abuts an existing commercial development. We appreciate your consideration of these requested variances. Thank y71 James ra rchit t Case No. Agenda Item Attachment E ZA00-109 7E Page 1 4815 Keller Springs Road 41 Addison, Texas 75001 + www.wainscoM4nc.com Office: (972)447-9119 * Fax: (972)447-9110 Surrounding Property Owners Burger King g O C C C NO�TF15nf�ST PKWY BAST 1 6 2 3 5 4 5457 SOOT WAKE SEND Property Owner Zoning Land Use Description Acrea e 1. McDonald's Corporation 1. "C-3" 1. Retail Commercial 1. 1.03 acres 2. Bluebonnet Road Partners 2. "C-3" 2. Retail Commercial 2. 0.66 acres 3. Lowe's HomeCenters Inc. 3. "C-3" 3. Retail Commercial 3. 14.72 acres 4. Bluebonnet Road Partners 4. "C-3" 4. Retail Commercial 4. 0.89 acres 5. V. Stagliano 5. "C-3" 5. Retail Commercial 5. 0.12 acres 6. Walmart Real Est Bs Tract 6. "C-3" 6. Retail Commercial 6. 23.00 acres Case No. Agenda Item Attachment F ZA00-109 7E Pagel Surrounding Property Owner Responses Burger King NO. OF NOTICES SENT: Five (5) RESPONSES RECEIVED: One (1) response was received from outside the 200' notification area: • Sandra J. Lancaster, Noise Compatibility Office, DFW Airport, P.O. Drawer 619428, in favor, "compatible land use." (Received November 9, 2000.) Case No. Agenda Item Attachment G ZA00-109 7E Page 1 City of Southlake o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-116 PROJECT: Specific Use Permit for the operation of a horse-drawn carriage service within Southlake Town Square REQUEST: On behalf of Southlake Town Square, Classic Carriages is requesting a Specific Use Permit for the operation of a horse-drawn carriage service within Southlake Town Square for November 24, 25, and 26, and December 3, 9, 10, 16, 17, 20, 21,22,23, 26, 27, 28, 29, and 30 and mutually agreed weekends for a one year period. ACTION NEEDED: 1. Conduct Public Hearing. 2. Consider Specific Use Permit. ATTACHMENTS: (A) Background Information (B) Vicinity Map ,,. (C) Plans and Support Information (D) Applicant letter (E) Surrounding Property Owner Map (F) Surrounding Property Owner Responses (G) Resolution No. 00-106 STAFF CONTACT: Karen Gandy (Ext. 743) Art Wright(Ext. 828) Case No. Agenda Item ZA00-116 7F BACKGROUND INFORMATION OWNER: Southlake Town Square APPLICANT: Classic Carriages PROPERTY SITUATION: Located at the northeast corner of the intersection of East Southlake Boulevard and North Carroll Avenue. The carriage rides will remain entirely within Southlake Town Square and will not be conducted on F.M. 1709 or North Carroll Avenue. HISTORY: Activity on this property includes: ■ Rezoning(ZA69-006) from"AG"to"HC"Heavy Commercial approved April 1969. ■ Rezoning from "HC" Heavy Commercial to "C-3" approved with the adoption of Ordinance No. 480 in September 1989. ■ Rezoning and Concept Plan (ZA96-145) from "C-3" to "NR-PUD" approved January 1997. ■ Development Plan (ZA97-099) approved August 1997. ■ Site Plan(ZA97-100) approved August 1997. ■ Preliminary Plat(ZA97-101) approved August 1997. ■ Plat(ZA97-162) filed March 1999. ■ Rezoning and Site Plan (ZA99-025) from "C-3" to "S-P-l" with "C-3" and Post Office uses approved April 1999. ■ Revised Preliminary Plat (ZA99-026) for Blocks 10 and 11 approved April 1999. ■ Final Plat(ZA99-052) for Lots 1 and 2, Block 10 approved July 1999. ■ Revised Site Plan (ZA99-137) for Block 10 approved February 2000. ■ Site Plan (ZA00-028) approved for Block 23 approved April 2000. ■ Revised Preliminary Plat (ZA00-029) for Blocks 22 and 23 approved May 2000. ■ Revised Site Plan(ZA00-030) for Lot 1, Block 10 approved April 2000. ■ Revised Site Plan (ZA00-042) for Block 2 approved June 2000. ■ Revised Preliminary Plat (ZA00-072) for Lots 1 and 2, Block 23 approved August 2000. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses and "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage. P&Z ACTION: November 9, 2000; Approved(4-0). P&Z SPEAKERS: None Case No. Agenda Item Attachment A ZA00-116 7F Page 1 STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes are to be made to the previously approved site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. An exhibit showing the proposed route for the holiday carriage rides is attached. The applicant would also like to seek an amendment to the city's taxicab ordinance to allow her to provide horse drawn vehicle service throughout the city. This request, however, is processed through the Department of Public Safety and will not require a recommendation from the Planning and Zoning Commission. Case No. Agenda Item Attachment A ZA00-116 7F Page 2 Vicinity Map Southlake Town Square INTER EDI E j �Y GOO »q b CARR SCH ' N n N IrLj1f p1T10N � I I w A RE j I w j NKE T YJ cIHAL` I B ST llG S P SE2 ETpE W ESA N B S S 1 E� NORTHWEST PKWY EAST O I D GE 1 ApD\Z10N 1T09 E i4L OF��G �•� IW MP v Tsource i I H.G� �1 G°RB I I pE I IP 1 WOW � K/ ROEMENB pRY i .� S G E1G I I 2000 0 2000 4000 Feet N W E S Case No. Agenda Item Attachment B ZA00-116 7F Page 1 Southlake Town Square � K r PROSPECT IPA p �V�, = Route horse-dra carriages n � i ♦ IP 1 1 1 1 1 1 1 0 1 1 MAIN 1 1 1 � 1 1 -Zi � i �F�AIJ►�LT91N.1 r SOUTHLAKE N W E S No Scale Case No. Agenda Item Attachment C ZA00-116 7F Pagel IJ�GT�SGI' CJ 1710-Tox 77 Decalar, ✓exac 76234 RECD 0 C T 0 2 2000 ,7arm Off ce o6x #940-626-4470 October 2, 2000 City of Southlake Planning and Zoning Commission 667 N. Carroll Ave Southlake, Texas 76092 Attn: Karen Gandy, Senior Planner Karen, Please accept this letter as a formal request for permission to operate horse-drawn carriage service in the City of Southlake. 0 This November marks Classic Carriage's eleventh year to serve the City of Fort Worth with safe and reliable horse-drawn carriage tours and private service. We continue to operate with the highest standards of safety and service in mind. The Public Utility Supervisor's Office has never received a complaint in our name. We are also proud of the fact that we have never been involved in a traffic accident in ten years of operation. We are the only '-orse-drawn vehicle company in Fort Worth to comply with the City's public utility regulations and street � ,dinances. We currently operate up to six vehicles within the City limits providing both public, first come/first served, and private, pre-arranged, service. We have always met the insurance requirements as stated in our Contract. We are very excited about the possibility of providing year around service and working with the Owners and Merchants of Southlake Town Square. We operated horse-drawn carriage rides on property for last year's Christmas Season and were met with open arms by the community. We have also been contacted by residents of Southlake to provide service for weddings and special occasions throughout the year. It has been brought to my attention that a Special User Permit will be required by the City for this year's Holiday Season at Town.Square. Although we have no problem complying with the City's wishes, it does seem like we will be repeating this process on a regular basis. In order to save precious time on everyone's part, I would like to pursue amending Southlake's Taxi Service Ordinance#359 to allow for Horse-Drawn Vehicle Service rather than going before the City Council each time we are hired. As you know, transportation service is usually arranged within less than the 4-6 week process required by the City of Southlake for a Special User Permit. I would appreciate any help you can give us regarding this process, as of today, the earliest engagement is booked for November 24, 2000. SincLely, J/F uck Agenda Item Attachment D Own&,ANAOCarriages 7F Page 1 Surrounding Property Owners Southlake Town Square R 1 15 14 Q C K `12 O ° 2 11 � vwosarsrs.n¢ 10 GNIG R �4 "N K v R 0 O FAYMXN E-E- 5 4 3 5 0 F Property Owner Zoning Land Use Description Acreaee 1. The Fechtal Group 1. "NR-PUD 1. Mixed Use 1. 30.88 acres 2. C.Peterka 2. "NR-PUD 2. Mixed Use 2. 43.06 acres 3. Texas Health Resource 3. "S-P-2" 3. Office Commercial 3. 12.62 acres 4. South Carroll/1709 Ltd. 4. "S-P-2" 4. Office Commercial 4. 29.52 acres 5. A.Prade 5. "AG" 5. Medium Density Residential 5. 18.06 acres 6. Greenway/Rowlett 66 Ltd. 6. "S-P-2" 6. Medium Density Residential 6. 0.17 acres 7. Southlake Venture 7. "S-P-2" 7. Mixed Use 7. 1.17 acres 8. J. Strunk 8. "AG" 8. Medium Density Residential 8. 3.00 acres 9. Southlake Venture 9. "S-P-2" 9. Mixed Use 9. 0.17 acres 10. Mendez Ltd. 10. "AG" 10. Medium Density Residential 10. 3.00 acres 11. B.Paulsen 11. "SF-20A" 11. Medium Density Residential 11. 0.60 acres 12. M.Wright 12. "SF-20A" 12. Medium Density Residential 12. 0.50 acres 13. R.Reese 13. "SF-20A" 13. Medium Density Residential 13. 0.46 acres 14. Mystere Ent.Inc. 14. 110-1" 14. Office Commercial 14. 0.89 acres 15. Panorama Properties JV 15. "O-1" 15. Office Commercial 15. 1.67 acres Case No. Agenda Item Attachment E ZA00-116 7F Page 1 Surrounding Property Owner Responses Classic Carriages NO. OF NOTICES SENT: Sixteen(16) RESPONSES RECEIVED: Two (2) responses were received from within the 200' notification area: • Anita H. Prade, 400 South Carroll, Southlake, TX, opposed, "Bad idea —just doesn't fit the image of the square — more like the `Grand Ole Opry' mode." (Received November 3, 2000.) • Juergen Strunck, 200 N. Carroll Ave, in favor, "It adds to the atmosphere of the town square — and it does not add to noise and traffic." (Received November 9, 2000.) Case No. Agenda Item Attachment F ZA00-116 7F Page 1 Resolution No.00-106 Page 1 RESOLUTION NO. 00-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE OPERATION OF A HORSE-DRAWN CARRIAGE SERVICE WITHIN SOUTHLAKE TOWN SQUARE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I,AND LOTS 1 AND 2, BLOCK 10, SOUTHLAKE TOWN SQUARE, PHASE II, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the operation of a horse-drawn carriage service within Southlake Town Square has been requested by a person or corporation having a proprietary interest in the property zoned as "NR-PUD"Non-residential Planned Unit Development to include "C-3" General Commercial District uses and"S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage; and, WHEREAS, in accordance with the requirements for the approval of all special events held in outdoor spaces established in the development regulations for Town Square, 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: Case No. Agenda Item Attachment G ZA00-116 7F Page 1 Resolution No.00-106 Page 2 SECTION 1. A Specific Use Permit is hereby granted for the operation of a horse-drawn carriage service within Southlake Town Square on the property being legally described as Southlake Town Square, Phase I, and Lots 1 and 2, Block 10, Southlake Town Square, Phase II,more fully and completely described in Exhibit"A", and as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2000. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L.LeGrand City Secretary Case No. Agenda Item Attachment G ZA00-116 7F Page 2 Resolution No.00-106 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas Case No. Agenda Item Attachment G ZA00-116 7F Page 3 Resolution No.00-106 Page 4 EXHIBIT "A" The site is legally described as Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893,Plat Records, Tarrant County, Texas; and as Lots 1 and 2,Block 10, Southlake Town Square, Phase II,an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5261, Plat Records, Tarrant County, Texas. Case No. Agenda Item Attachment G ZA00-116 7F Page 4 Resolution No.00-106 Page 5 EXHIBIT"B" ir i I � PROSPECT U'� /Q Route ---- -I I horse-dra carriages * \ MAIN i 1 1 w �, � �F.AIJNJAI►1L t I rD- � I I — I - SOUTHLAKE _ � I Case No. Agenda Item Attachment G ZA00-116 7F Page 5 Resolution No.00-106 Page 6 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment G ZA00-116 7F Page 6 City of Southlake • • o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-110 PROJECT: Lot 3, Block B, North Davis Business Park REQUEST: SLJ Exchange is requesting site plan approval for Lot 3, Block B, North Davis Business Park. ACTION NEEDED: 1. Conduct public hearing. 2. Consider Site Plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Neighboring Property Owner Letters (H) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker(Ext. 753) Case No. Agenda Item ZA00-110 7G BACKGROUND INFORMATION OWNER/APPLICANT: SLJ Exchange g PROPERTY SITUATION: Located on the northwest corner of the intersection of Greenwood Drive and Greenbriar Drive. HISTORY: August 1985-Final Plat Approved for North Davis Business Park-19.92 Acres-Property in Tarrant County. March 1986-Property annexed into the City of Southlake with zoning. LEGAL DESCRIPTION: Lot 3, Block B,North Davis Business Park, being 1.0 acre. LAND USE CATEGORY: Industrial CURRENT ZONING: "I-1" Light Industrial District TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan does not make a recommendation for Greenbriar or Greenwood Drives. Existing Area Road Network The property is located in the North Davis Business Park at the intersection of Greenwood Drive and Greenbriar Drive. These two(2) roads function as a local loop street and provide circulation within the Business Park as well as direct access from F.M. 1938 (Davis Boulevard). There is no other access into or out of the Business Park. Davis Boulevard is currently a four(4) lane undivided highway. There are no traffic counts available for Greenbriar or Greenwood Drives. The traffic Counts for Davis Boulevard are shown below: The current traffic counts on Davis Boulevard: 24hr North Bound B 11,900 South Bound(SB) (10,781 NB Peak A.M. 1,125 7a.m-8a.m. Peak P.M. 851 5 .m.-6 .m. SB Peak A.M. (728) 7a.m-8a.m Peak P.M. 361 4 .m.-5 .m Traffic Impact It is projected that the proposed use on this site will generate 52 vehicle trips per day. Case No. Agenda Item Attachment A ZA00-110 7G Page 1 WATER AND SEWER: An 8" waterline exists on Greenbriar Drive. A 6" sanitary sewer exists along Greenwood Drive. ESTIMATED IMPACT FEES*: Water $7,625.00 Assumes 2 -1" meters Wastewater $5,600 Assumes 2-1" meters Roadway $11,672.00 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: November 9,2000; Approved(4-0)subject to Site Plan Review Summary No. 3, dated November 3, 2000, and subject to the following: • To allow the variance to Item#1 (driveway spacing); • To allow the variance to Item#2.a(synthetic product); • To allow the variance to Item#2.b (articulation). P&Z SPEAKERS: None STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 3,2000. The following variances are being requested with the application: A variance is requested from Driveway Ordinance 634 Section 5.1 which addresses stacking and spacing requirements. The applicant has provided a letter of justification for a variance request as allowed by Section 8.2 of the Driveway Ordinance 634. A variance is requested from Ord. 480, Section 43.13.a which requires synthetic material to be limited to 80% on all facades on those buildings lying within 400' of single family residential property. The elevation plans indicate that a synthetic material is being use for 100% of the building. The applicant has provided a letter of justification addressing a variance as set forth in Ordinance 480, Section 43.9b 1(c). A variance is requested from Ord. 480, Section 43.13.d which requires articulation on all facades on those buildings lying within 400' of single family residential property. The north and west sides of the building do not meet the horizontal articulation requirements. The applicant has provided a letter of justification addressing a variance as set forth in Ordinance 480, Section 43.9b 1(c). NACommunity Development\WP-FILES\MEMO\2000cases\00-110SP.doc Case No. Agenda Item Attachment A ZA00-109 7G Page 2 Vicinity Map (awl Lot 3, Block B North Davis Business Park \ H R )oE ES 0'1 t i n \N T\E PTES EST usual � scNooi H GE g� E G R 6 O�ERS E S OV�I GOER R RUN \T\�N z _o N\N E THE $ i KN kw P S ESTPT P \ 5 Esr Ca,TMenri+ �V)' t'uwou E1E III:Hr,AV \ N P K TP S I � 2000 0 2000 4000 Feet N W E S Case No. Agenda Item Attachment B ZA00-110 7G Page 1 rcQ C o Y x o a o o w z; �J QyO 8 �j N 0 Yui 0404 mi a Z2�c � Q0. m UJ (noU)0 >O C] c O Z CY U)I , "' 0 ~a 1 ems' I / z {— -il � I i (,M_as,m) S MAYd 3L3d"DPW) { I N 3 a 4OOMN33?l9 �•\ $ _ ary .. -1 wZ11 3yq YL.OD S G � r \ 19 (iw s I I I Y CJ fill" All CiR C o= LUcz Nm I ! e ob `� J� !�• � a 0 0 I I 7 FW ' I 8■■ � � ar$� g 3 tltlk � ,09'L9 M 10�YL.qO N F e_v / A A i I 00 Jm/ � J � Q IL Z Case No. Agenda Item Atta h nV it C A00-110 7G e 1 • � gg 1 N �1A Y ^^ 4'w X 0 ,a J (n W N N Z O Z W 08-8 (n�U <0 LO, •i 0 QQZ w v m HE] �� M: Q j �UQLi� 8 z ~a B m8 •I 8 8 m e 8 8 3 8 gq �i 8 m 3 8 . B W 3 r 8 8 00 S� mz y W 8 �O K �{ 2 O 8 Wa� a oa�c°1i W ;i 3d ZO00 IWZZ .-. i M W,x Jff Wh=-j� Q W O Case No. Agenda Item Attachme t C ZA00-110 7G Pa e 2 SITE PLAN REVIEW SUMMARY Case No.: ZA00-110 Review No.: Three Date of Review: 11/3/00 Project Name: Site Plan—North Davis Business Park, SLJ Exchange APPLICANT: SLJ Exchange ARCHITECT: B.C.I. Contact: John Dorety 2875 Exchange 4700 S. Edgewood Terrace Southlake, TX 76092 Fort Worth, Texas 76119 Phone: (817)481-3223 Phone: (817) 536-6050 Fax: (817)481-4070 Fax: (817) 536-8750 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/23/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT KEN BAKER AT(817)481-5581,EXT. 753. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y See Comments No.2 a&b Building Articulation Y See Comment 2b Masonry Standards Y See Comment 2a Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comments No. 1 Lighting Y See Comments No.3 1. The following change is needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634 Section 5.1: The minimum centerline driveway spacing is 100'. The centerline of the driveway located along Greenwood Drive is 53'-4" from an existing drive located north of this property on Lot 2,Block B. This drive may move only 35' south and still remain in compliance. Staff recommends that the applicant explore the possibility of a common access easement with the property to the north to allow the existing driveway on Greenwood Drive to also serve this site (Variance Requested as permitted by Driveway Ordinance Section 8.2-See attached letter). Case No. Agenda Item Attachment D ZA00-110 7G Pagel 2. The site is subject to Residential Adjacency standards and subject to the following (Ordinance 480, Section 43.10): a. The use of synthetic products e. EIFS, Hard lank or other materials approved b the Chief Y P ( g � Y plank, PP Y Building Official) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. All building facades exceed the 80%of this.limit. The applicant is proposing to use synthetic texture finish for 100%of the building fagade. (Variance Requested as permitted by Ordinance 480 Section 43.9.b.l.c-see attached letter). b. Due to residential adjacency, the proposed building is required to be articulated both horizontally and vertically on all four elevations (See attached articulation chart). The south and east elevations meet the articulation requirements (Variance Requested as permitted by Ordinance 480 Section 43.9.b.l.c-see attached letter). 3. All lighting outdoor lighting must meet the requirements of the Lighting Ordinance 693-B. If you have any questions concerning outdoor lighting, please contact Chuck Bloomberg at 481-5581 Ext. 747. Please provide a note on the site plan that all lighting will meet the requirements of the Lighting Ordinance. 4. Although not required by ordinance,please consider redesigning the parking lot along Greenbriar Drive to allow a car parked in the handicapped space to back out and pull forward in a easy manner. Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. att: Bufferyard Calculation Chart, Interior Landscape Summary Chart, Articulation Evaluation Chart L:\COMDEV\WP-FILES\REV\#SPLAN-1.WPD Case No. Agenda Item Attachment D ZA00-110 7G Page 2 Articulation Evaluation No.1 Case No.ZA i 110 EFlevations for eived- 10/02/00 Front-facing: South Wall ht. - 17' Horizontal articulation Vertical articulation Required Provided Delta: Okay? Required Provided De Okay? Max.w lta_.._ _ _ .._. _._ _ all length 51 50 -2% Yes 51 46 .10%, Yes' Min.artic.offset 3 3 0%, Yes 3 3 0% Yes Min.artic.length 14 14 0% Yes 13 14 8% Yes: ,Rear- facing North Wall ht.. js Horizontal articulation Vertical articulation Required Provided Delta Okay? Required, Provided; Delta Okay? Max.wall length 48 210 338% No 48 108 125% No artic.offset 2 0 100% No 2 4 100% Yes Min.artic.length 30 0 -100% No 27 3 .89% No •Right--facing: West Wall ht. _ 17 Horizontal articulation Vertical articulation Required; Provided' Delta' Okay?; Required Provided, Delta Okay? Max.wall length 51 73 43% No 51 46 -10% Yes 'in.artic.offset 3 O -100% . No 3 3 0% Yes in.artic.length 12 0 -100% No 12 12' 0% Yes Left-facing: East Wall ht. = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 51 47 8%: Yes 51 42! -18% Yes Min.artic.offset 3; 3 0% Yes 3 4 33% Yes Min.artic.length 12 12 0%' Yes 25 33 32% Yes (iilw Case No. Agenda Item Attachment D ZA00-110 7G Page 3 FROMi: FAX NO. : 8174814070 Oct. 12 2000 07:36PM P2 SLJ Exchange 2875 Exchange Blvd. Southlake, TX 76092 817-481-3223 Fax 817-488-4484 October 12,2000 To: Planning and Zoning Commission Honorable Mayor and City Council RE: Variance Requests Case No.ZA00-110 We,SLJ Exchange,wish to request variances on the following items for Case No.ZA00-110 according to the DCR review dated September 09/26/00 and 10/11/00 ITEM 1: The city staff comments recommend moving the northeast drive to the south 35 feet to meet the city requirements or exploring the possibility of a common access easement to the north.We request to build the drive where shown on the plan.To move the drive to the north would require a severe change in elevation across our site and require a severe turning movement for any delivery type vehicle. Greenwood Dr. is not a through r street, nor are any of the streets in the North Davis Business Park. All Traffic is local and this drive location should not cause any adverse problem in its proposed location. ITEM 7a: The use of synthetic products shall he limited to 80% of the buildings exterior finish.We are requesting a variance to the 80% rule. We propose to apply a stucco finish to all exposed surfaces (except doors, windows). This will be as per SI.J Exchange's other two buildings in this business park(2050,2100 Greenwood Dr.). All other buildings in this business park are metal buildings with brick fronts. Our existing two building and this proposed building are the only buildings which are 100% stucco/masonry.This variance would assure compatibility with our other buildings. ITEM 7b: We arc requesting a variance to the articulation provision only on the north and west sides of the building.This building is NOT adjacent to any property that is zoned or master planned for residential use.All adjacent properties are zoned 1-1. The north and west sides of this building are adjacent to other buildings and are not visible to any residential property.This variance would assure compatibility with the adjacent properties. Thank you for your consideration concerning these items. Sincerely, FED 0 C T 13 2000 Gary es SLJ Exchange Case No. Agenda Item Attachment E ZA00-110 7G Page 1 Surrounding Property Owners ,,.. Lot 3, Block B North Davis Business Park > 1 2 3 a 8 4 7 6 5 Property Owner ZonW2 Land Use Description Acreage 1. C. Kidwill 1. Its-P-1" 1. Industrial 1. 0.79 acres 2. W. Davis 2. 1-1" 2. Industrial 2. 1.09 acres 3. J.Giffin 3. "I-1" 3. Industrial 3. 1.21 acres 4. J.Giffin 4. 11I-1" 4. Industrial 4. 1.23 acres 5. Administrator-US Small Bus 5. 1-1" 5. Industrial 5. 2.84 acres 6. R.Van Horne 6. 11I-1" 6. Industrial 6. 0.88 acres 7. R. Stoltz 7. "I-1" 7. Industrial 7. 0.60 acres 8. Davis Industrial Partners Inc. 8. "S-P-1" 8. Industrial 8. 0.79 acres Case No. Agenda Item Attachment F ZA00-110 7G Page 1 Surrounding Property Owner Responses Lot 3, Block B North Davis Business Park NO. OF NOTICES SENT: Seven(7) RESPONSES RECEIVED: None Case No. Agenda Item Attachment G ZA00-110 7G Page 1 City of Southlake o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-084 PROJECT: Emerald Estates South REQUEST: On behalf of Frank S. Shelby, Allegheny Land Company is requesting approval of a rezoning to "SF-20A" and a concept plan for Emerald Estates South. The applicant amended their zoning change request before the Planning and Zoning Commission to "SF-30". ACTION NEEDED: 1. Consider First Reading of Concept Plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner Letters (H) Ordinance No. 480-351 (1) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-084 8A BACKGROUND INFORMATION OWNER: Frank S. Shelby APPLICANT: Allegheny Land Company PROPERTY SITUATION: Located on the north side of East Dove Street approximately 120' east of North Carroll Avenue. HISTORY: The Final Plat of Emerald Estates South was approved in April of 1984. LEGAL DESCRIPTION: Lot 2, Block 1, Emerald Estates South LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District AMENDED ZONING REQUEST: "SF-30" Single Family Residential District TRANSPORTATION �w ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan recommends that East Dove Street be a five(5) lane undivided arterial with 94'of R.O.W. The applicant is proposing to dedicate 5' feet of R.O.W. which will result in 47' from centerline. Existing Area Road Network East Dove Street- the properties will access directly onto East Dove Street. East Dove Street is currently a two (2) lane undivided east-west roadway with 50' of R.O.W. The current traffic counts on East Dove Street: 24hr West Bound (WB) (2,314 East Bound (EB) (2,290 WB Peak A.M. 176 7a.m-8a.m. Peak P.M. 307 5 .m.-6 .m. EB Peak A.M. 290 7a.m-8a.m Peak P.M. 215 5 .m.-6 .m Traffic Impact Approval of this project will generate 130 vehicle trips per day directly onto East Dove Street. East Dove Street is currently operating at a level of service (L.O.S) C during peak traffic times. Case No. Agenda Item Attachment A ZA00-084 8A Page 1 WATER AND SEWER: The applicant is proposing to install an 8" sanitary sewer line to existing service along Lonesome Dove Road. An 8" water line exists along E. Dove Street. ESTIMATED IMPACT FEES*: Water $23,458.50 Assumes 13-1" meters Wastewater $14,618.50 Assumes 13-1" meters Roadway $19,443.71 (Roadway Service Area 2 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance.The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: November 9,2000; Approved(4-0)subject to Concept Plan Review Summary No. 4, dated November 3, 2000, and subject to the following: • To allow the change to "SF-30" zoning; • To allow the variance to R.O.W. on East Dove Street providing 6' pedestrian access easement; • To allow the variance to the 100' lot width requirement with the minimum being 75% • To accept the applicant's commitment to work with the surrounding residents on drainage and to maintain as many trees as possible and to insure that the canopy remains on Dove Street. P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other 5 STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated December 1, 2000. The following variances are being requested by the applicant: • Variance to right-of-way for E. Dove Street in compliance with the City's Master Thoroughfare Plan, Subdivision Ordinance No. 483, Section 5.02D, in lieu of providing a 6' pedestrian access easement. (See applicant letter). • Variance to lot width measured at the minimum front building setback line. • Building setback reduction along the side street of corner lots as permitted by Ordinance No. 480, Section 4, page 4-22, drawing no. 4 which permits approval of a reduction down to the district side yard requirement of 20' Staff has recommended that common access easements be provided between the lots along Dove Street. This is not an ordinance requirement. The applicant is requesting that common access easements along Dove Street not be required. N:\Community Development\WP-FILES\MEMO\2000cases\00-084ZC.doc Case No. Agenda Item Attachment A ZA00-084 8A Page 2 Vicinity Map Emerald Estates South LQ K, E�OtT � EgZP Q? 8 �V £Opt£ dti SS��Oa £g1P�E � O R 6 ST�FOaO ` O� t1 I � i a+r� G £ x a I 5tA S JAGN D.J01N150M K EIEMEMTMV ��y a£as scHoa 2000 0 2000 4000 Feet N W E S Case No. Agenda Item Attachment B ZA00 N84 8A Page I (NE M—N ei'�.0 ANrss�# i S � s N�Id LdH�NO� i' • a 1 6 Y i e y j uacsv.N�.aaa►sa�� •' (�j ! tl Y g A{ ma au[�•a�ssw•a.00t.w't�•ww•aerw • •1 A dE '"'•m;„, B iv wounre IIAD svpi,axv�Hipos j if-ill i ``.'° LYIBMDJ BrwOd ANVdWOO QNV I ANaijJ3 I IV Aa a AA ° A A 5 o o Y g oc fill N t Z W W O3i F� � ��' U >¢ �yzSw a <Z t0 Z �3 Hit;. ri v-LJ � d uj e e - $ Ia Ibs;y Ta Rik a ,3 g y $ I qc6� @a $a & Hoff P , 3 $ $ Qg' b 1 '7sr'a' 1 .Ea Ilk o - G @ O 4 @� ��y � I � � ' li 1 e� 8p allblll pp r y y x bpi m I gg� 8/ ypy CC'�p8p t1t# aF � li= �gg a s &4 ig d wmamaw ' % MIX �wa�amv�a'�o • ' grol taut/ 1!7 0', I tow.w TAoumb HAM Ca 1 11 ; _._ ____._Agenda item__- Attachmeni C ZA 8A Pap 1 �w� CONCEPT PLAN REVIEW SUMMARY Case No.: ZA00-084 Review No.: Five Date of Review: 12/01/00 Project Name: Concept Plan—Emerald Estates South APPLICANT: ENGINEER: Allegheny Land Co. Adams Consulting Engineers, Inc. 17480 Dallas Parkway Ste. 110 2445 E. Southlake Blvd., Suite 100 Dallas,TX 75287 Southlake, TX 76092 Phone: 972-248-8155 Phone: 817-329-6990 Fax: 972-248-8171 Fax: 817-329-7671 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/20/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,787. 1. Provide dedication of right-of-way for E. Dove Street in compliance with the City's Master Thoroughfare Plan. (Variance requested to required R.O.W. dedication (Subdivision Ordinance No. 483, Section 5.02D) under the provisions of Ord. 483, Section 9.01A, in lieu of providing a 6' pedestrian access easement. See applicant letter). (P& ZAction: allow variance) 2. Provide 100' of lot width measured at the minimum front building setback line. Lots 4 and 6 are deficient. (Variance requested) The City Council has permitted this in the past by allowing increased front building setback lines such that the lot width measured along the larger setback is 100'or more. If the Council desires to grant the variance the setbacks for these lots must be increased. (P& ZAction: allow variance) 3. A 35' building setback is required along all street frontages. The applicant is requesting the following building line reductions along the side streets of corner lots: Lot 3 & 7,Block 1 — a 10' reduction(25' building line) Staff recommends that Lots 3 & 7, Block 1 be limited to only 5' reductions (30' Building Lines) since these are "Reverse Frontage Lots" meaning the side yards abut the front yard of the adjacent lots. (Variance requested under provisions of Ordinance No. 480, Section 4,page 4-22, drawing no. 4 which permits approval of a reduction down to the district side yard requirement of 20'.) Case No. Agenda Item Attachment D ZA00-084 8A Page 1 4. Staff recommends common access easements be provided between Lots 9 through 13, in order to reduce the number of driveways along Dove. (Applicant requests that no common access easement be required for these lots) 5. Driveways on lots which will be directly accessing Dove Street must designed and constructed in a manner that permits adequate off-street maneuvering areas and be approved by the Director of Public Works to ensure that vehicles will not back into the public street . 6. Change the street name to a name dissimilar to any other streets or subdivisions in Southlake. Informational Comments * According to the Driveway Ordinance No. 634, minimum residential driveway spacing along an arterial is 150' from center line of driveway to an intersecting R.O.W. and 100' from centerline of driveway to centerline of driveway. It appears that the spacing can be met on the lots proposed if proper planning is made in home and driveway placement on the lots. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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. * Denotes Informational Comment cc: Doug Tatum, Allegheny Land Co. VIA FAX: ABOVE Art Clayton (phone: 817-329-1092) NACommunity Development\WP-FILES\REV\2000\00-084CP5.doc Case No. Agenda Item Attachment D ZA00-084 8A Page 2 Case No. 00-084 Review No. Three Dated: 10— 12 - 00 Number of Pages: 3 Project Name: Dove Road Estates (Zoning/Concept Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 10 - 02 - 00 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. -------------------------------------------------------------------------- ------------------------------------------------------------------------- LANDSCAPE COMMENTS: 1. Please complete the "Provided"portion of the Bufferyard Summary Chart. * See attached Bufferyard Summary Chart. TREE PRESERVATION COMMENTS: It * See attached Tree Preservation Analysis. Case No. Agenda Item Attachment D ZA00-084 8A Page 3 TREE PRESERVATION ANALYSIS (Non-Residential Development) Case: 00-084 Date of Review: 10— 12 - 00 Number of Pages: 1 Project Name: Dove Road Estates (Zoning/Concept Plan) Review #3 OWNER\DEVELOPER PREPARED BY: Allegheny Land Company Adams Consulting Engineerinrs, Inc. 17480 Dallas Parkway, Suite 110 2445 E. Southlake Blvd., Suite 100 Dallas, TX 75287 Southlake, TX 76092 Phone: ((72)248-8155 _Phone: (817) 329-6990 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: tw 1. The majority of trees on the property are made u of American Elm, Hackbe , Ash and J h' p P Y p n'Y Mesquite. The larger and most dominant trees are located in the south portion of the property along the R.O.W. of East Dove Road. The applicant originally proposed the sewer line to be placed in the utility easement on the North side of Lots 9, 10, 11, 12 and 13. Since East Dove Road will be widened in the future, City Staff suggested that the sewer line be placed along the North R.O.W. of East Dove Road. The trees along the North R.O.W. will need to be removed for the installation of the sewer line as well as the widening of Dove Road. 2. All Construction Plans submitted for the development of the subdivision shall include the requirements listed in Appendix `C', of the Tree Preservation Ordinance 585-B. This will be required especially where utility installation is adjacent to adjoining properties with existing trees. * Residential Subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Ordinance. Case No. Agenda Item Attachment D ZA00-084 8A Page 4 * All requirements and regulations of the Tree Preservation Ordinance 585-B, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-B. SUMMARY CHART—BUFFERYARDS DOVE ROAD ESTATES Location/ Fence/Screening Required/ Bufferyard Canopy Accent Length of Length Shrubs Height & Base Line Provided Width/Type Trees Trees Material South- Required 1,388' 10' -B 28a 42 139 Provided 1,388' 10' -B Note any credits in calculations: 1. Other Comments: a. A minimum of 50% of all canopy trees planted in the South 10'-B bufferyard must be 2" in caliper 1' from ground level when planted, and 50% must be 4" in caliper F from ground level when planted. 4 Case No. Agenda Item Attachment D ZA00-084 8A Page 5 W Worthington Builders 3129 Lake Drive-Southlake,Texas 76092-USA Phone 817-329-1092-Fax 817-424-0884 October 23,2000 Mr.Dennis Killough Planning Department City of Southlake 1725 E. Southlake Blvd. Southlake,Texas 76092 Re: Emerald Estates South Subdivision N.E.Q.Dove Road&N.Carroll Rd. Dear Mr.Killough:, Please fmd below our request and position on concerns regarding our development. These variances requests will greatly enhance the City of Southlake and our development. Item A: 2 S'side building setback on Lot 3& 7 along Emerald Court The reduction in building line set back will allow a larger area for the building foot print. This will allow a 68.32'wide foot print on Lot#3 and a 60'wide building foot print on Lot#7. The greater the width of of building foot print the more dramatic the front presentation along Dove Street. This same variance was approved in Evergreen Estates with no adverse effects. The ultimate property owner will appreciate this variance. Item B: Allowing Lots 9 10 11 12 and 13 Drbve access to Dove Street. We feel the real issue is not the number of driveway opening onto Dove Street(3 vs. 5). Additionally the number of car movements does not change or the number of cars. The real issue is safety;both to the citizens driving along Dove Street and the future residences,their guests and invitees. Lots 2,3, 7, and 8 only will have rear driveway access off Emerald Court. We will restrict Lots 9, 10, 11, 12,and 13 to have either Porte-cochere entries with oversized motor courts or oversized motor courts. This will allow for more car stacking and turning flexibility so that all cars can enter Dove Street head-on vs. backing onto Dove Street. Beyond the safety concern;shared driveways would not allow for the Porte-cochere design. Which is presently our most popular design within our Olde World Design. Shared driveways do not allow large storage or turning areas with a site that has limited property area. Shared driveways would project a very unattractive presentation to Dove Street. Shared driveways will adversely effect drainage as presented by the present plan. Shared driveways have the potential for neighbor disagreements with limited property area. Shared driveways at this location will foster a duplex look which is not the desired look for this site or any site in Southlake. Item C: RRgq a ting a Six Footpedestrian easement vs a Five Foot RO.W. dedication. This request Helps the neighborhood, the future property owners,and all Citizens that drive along Dove Street. F&y6r9 people have enjoyed this scenic drive from Lonesome Dove to Carroll. Our proposal and design Oilt help preserve the Tree Canopy. PLEASE SEE ATTACHED PHOTO'S AND DESIGN. Case No. Agenda Item Attachment E ZA00-084 SA WM OCT 2 3 20Me 1 Item C: Continued The City proposal and conversations would put this canopy in Harm's Way. As a developer and citizen of Southlake,I want to save this Tree Canopy. I have a plan. I request the City to not destroy this natural Tree Canopy. We can work together with effective planning and forward thinking to not destroy this �w Natural Beauty. Item D: Add no utilities to the RO W. and do not allow=further expansion of utilities along RO W. There exists an easement to the north property that can accommodate all utilities and will have little or no no effect on the Tree Canopy. This proposal will benefit more Citizens,maintain the Rural atmosphere, save the Tree Canopy. Thank you for this opportunity to express our concerns. Sincerely, Arthur H.Clayton ' Enc: 2 cc:Douglas A.Tatum Case No. Agepda Item Attachment E ZA00-084 A Page 2 Surrounding Property Owners .. Emerald Estates South 7 -4t 2 5 3 6 7 ove 1 A 8 9 10 11 12 13 14 15 16 27 26 5 24 232221 01 18 17 Case No. Agenda Item Attachment F ZA00-084 8A Page 1 Surrounding Property Owners Emerald Estates South Property Owner Zonine Land Use Description Acreaee 1. Carroll ISD 1. "CS" 1. Public/Semi-Public 1. 14.02 acres 2. M.Milo 2. "SF-IA" 2. Low Density Residential 2. 1.08 acres 3. B.Cotton 3. "SF-IA" 3. Low Density Residential 3. 1.28 acres 4. G.Gist 4. 110-1" 4. Medium Density Residential 4. 1.14 acres 5. B.Burford 5. "SF-IA" 5. Low Density Residential 5. 1.13 acres 6. J.Radaford 6. "SF-IA" 6. Low Density Residential 6. 1.34 acres 7. C.Wells 7. "SF-IA" 7. Low Density Residential 7. 1.16 acres 8. R.Roger 8. "SF-IA" 8. Low Density Residential 8. 1.35 acres 9. F.Budzowski 9. "SF-IA" 9. Low Density Residential 9. 1.14 acres 10. D.Browning 10. "SF-IA" 10. Low Density Residential 10. 1.02 acres 11. R.Butler 11. "SF-IA" 11. Low Density Residential 11. 1.16 acres 12. C. McKean 12. "SF-IA" 12. Low Density Residential 12. 1.07 acres 13. K.Mason 13. "SF-IA" 13. Low Density Residential 13. 1.09 acres 14. G. Smith 14. "SF-IA" 14. Low Density Residential 14. 1.04 acres 15. R. Schneider 15. "SF-IA" 15. Low Density Residential 15. 1.05 acres 16. M.Molina 16. "AG" 16. Low Density Residential/ 16. 2.26 acres Medium Density Residential 17. E.Higgins 17. "SF-IA" 17. Low Density Residential 17. 2.26 acres 18. J.Gentry 18. "SF-IA" 18. Low Density Residential 18. 1.00 acres 19. B. Stiborek 19. "AG" 19. Low Density Residential 19. 0.93 acres 20. T.Johnson 20. "AG" 20. Low Density Residential 20. 1.00 acres 21. J.Davis 21. "AG" 21. Low Density Residential 21. 1.00 acres 22. D. Stapleton 22. "AG" 22. Low Density Residential 22. 1.50 acres 23. M.White 23. "AG" 22. Low Density Residential 23. 1.00 acres 24. F. Shelby 24. "AG" 24. Low Density Residential 24. 3.95 acres 25. J.Johnson 25. "AG" 25. Low Density Residential 25. 1.08 acres 26. N.Bhogavalli 26. "AG" 26. Low Density Residential 26. 4.77 acres 27. M.Wilson 27. "C-2" 27. Medium Density Residential 27. 4.18 acres Case No. Agenda Item Attachment F ZA00-084 8A Page 2 Surrounding Property Owner Responses Emerald Estates South NO. OF NOTICES SENT: Twenty-nine (29) RESPONSES RECEIVED: Three (3) responses were received from within the 200' notification area: • Kenneth and Pamela Mason, 1351 Emerald Circle, Southlake, TX, undecided, "There has been no assurances from the developer that the planned drainage would have minimal impact to our property." See attached letter. (Received November 6, 2000.) • Ben J. Stiborek, 1407 East Dove Road, Southlake, TX, undecided, "If Dove Rd. is widened in the future to possibly 4 lanes, what side of Dove Rd. will the expansion be from? Those of us on the south side of Dove Rd. would have our frontage reduced and a loss of property valuation. I think this should be considered before this property is approved for development." (Received November 9, 2000.) • Elizabeth Higgins, 1496 East Dove Road, Southlake, TX, opposed, "In the past, 1+ acre lots were required and I am opposed for the size to be changed." (Received November 9, 2000.) Case No. Agenda Item Attachment G ZA00-084 8A Page 1 06 November 2000 Kenneth Mason 1351 Emerald Circle Southlake, Texas 76092 SUBJECT: CONCEPT PLAN FOR EMERALD ESTATES SOUTH REFERENCE: ZA00-084 TO: Planning and Zoning Commission Although I am not opposed to the concept plan of the proposed residential development, I am opposed to the drainage plan under consideration by the developer. Our property on Lot 6, Block 4 presently has a large pond, footbridge, and mature trees precisely where the 50' drainage easement is located. Without some very careful planning, the proposal could have a devastating effect on our present landscaping. The pond covers approximately one quarter of our property, and approximately 15 feet deep (photos attached). We enjoy the migratory waterfowl that visit the pond, as well as the rural atmosphere it provides. We are scheduled to drill a well after the first of the year that will maintain the water level in the summer, as well as provide irrigation to the property. We respectfully ask the Commission to consider our concerns, and work with us and the developer to develop a drainage plan, which would keep the impact on our property to a minimum. We do understand that our deed allows for a 50' drainage and utility easement, and if the plan proceeds, we request only that the Southlake engineering staff review options within the easement allowance to keep the pond intact, as well as saving as many trees as possible._; Sincerely, Kenneth and Pamela Mason e f ON Case No. Agenda Item Attachment G ZA00-084 8A Page 2 ., hk s x: 0 41 kil WillAll r i I 4 it }t # st 3 fir. - Fo i b RFC V� 34 a- �,s.`"t' 1-9 R-PA`.Re" CPO -✓ �'A '�a£4k 'x*_ bfb tLJyax F: d �'- 5 ✓' exp rs, 47 Zo,n p. • ii '' s r�$ ' ;+ate' .y"{ .``4+ a` 4"a r . 1 •- 7`r.M=.4`Yi $ �'�:h III �# � - a , x L _ � .' �� , r, CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. 480-351 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, EMERALD ESTATES SOUTH,BEING 9.062 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; 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 Case No. Agenda Item Attachment H ZA00-084 8A Page 1 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation, water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among 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 Case No. Agenda Item Attachment H ZA00-084 8A Page 2 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 Lot 2,Block 1,Emerald Estates South,being 9.062 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" Case No. Agenda Item Attachment H ZA00-084 8A Page 3 Single Family Residential 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. Case No. Agenda Item Attachment H ZA00-084 8A Page 4 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. LW Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Agenda Item Attachment H ZA00-084 8A Page 5 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 92000. MAYOR ATTEST: CITY SECRETARY Case No. Agenda Item Attachment H ZA00-084 8A Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment H ZA00-084 8A Page 7 EXHIBIT "A" Lot 2,Block 1, Emerald Estates South, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-171, Page 99, Plat Records, Tarrant County, Texas, and being 9.062 acres Case No. Agenda Item Attachment H ZA00-084 8A Page 8 EXHIBIT "B" xb"Id.Ld3Jx()J y° qvx: aaa.aw�w."•ml�M'w�w■�1M ■1 g 6# 187YlaBYAWO!/MG•lNp �� UNOO,W'1 Ai aH9 '�M'�3�Y�■J•auwV .�xvac�oJ axv2 ax��srry Arf d l➢a F = 0 8 ! ! o n o g va�g6 gggggg 3 �fQpr I 59 1 9 1 8 r o A a ~o\ Y 6 ` g!!Ail It 0 Q Z o- I�I - � o gyp oi y It $ till till s' 1 , ;% % e#e 1',F' a 11F' a ill At l ! a $9 E ' a`I I I I A a a•af aa�l rj ; 6 i g K Z a °l ° ° °■Y ° ° 9a° 0= }a I..._ .fr aI 711 l� Iii �l ; �llf fgf ff f�f f fF 1 �1 II I I I Ie= s � li ! �$_� `f1° 1111116 li li liM li 169 lip - y pp .o..„ —am •p I � 9 +lir ,Nord ED~romra xa�or Z --- -- ---- — -- Case No. Agenda Item Attachmentf ZA00-084 8A Page 9 City of Southlake • • o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-111 PROJECT: Wingate Hill REQUEST: Four Peaks Development is requesting approval of a rezoning to "SF-IA". ACTION NEEDED: 1. Consider First Reading of rezoning. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner Letters (E) Ordinance No. 480-352 �W STAFF CONTACT: Dennis Killough(Ext. 787) Case No. Agenda Item ZA00-111 8B BACKGROUND INFORMATION OWNERS: Four Peaks Development; Lions Club of Dallas Park Cities p ( ) APPLICANT: Four Peaks Development PROPERTY SITUATION: Located on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. HISTORY: Approximately 19 acres of this site was zoned from "AG" to "S-P-2" Generalized Site Plan District to permit a fish distribution facility in August of 1993. Approximately 5 acres tract of this property has an existing residence on the site and the remaining portion of this property is what has been known as Camp Burnett owned by the Lion's Club Organization. A request for SF1-A Zoning was submitted before the Planning and Zoning Commission in April of 2000 and was tabled at the request of the Commission so that a Preliminary Plat could be brought forward. The applicant withdrew the application in August of 2000. LEGAL DESCRIPTION: Tracts 3 & 3F and a portion of Tract 4C, Rees D. Price Survey,Abstract No. 1207, and being 30.138 acres. ,,, LAND USE CATEGORY: Low Density Residential; 65 LDN Overlay Corridor CURRENT ZONING: "AG" Agricultural District; "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses REQUESTED ZONING: "SF-IA" Single Family Residential District P&Z ACTION: November 9, 2000; Approved (4-0). P&Z SPEAKERS: None STAFF COMMENTS: No plan approval is required with a request for "SF-IA" Single Family Residential Zoning District. NACommunity Development\WP-FILES\MEMO\2000cases\00-i 11Z.doc Case No. Agenda Item Attachment A ZA00-111 8B Page 1 Vicinity Map Wingate Hill 5� dE" G T S MRAOM G r STON OR pT£ NF O top pIN — T OPT Its T1 TC�+` Noon. ESA i Y ES y �ANN 2000 0 2000 4000 Feet N W E S Case No. Agenda Item Attachment B ZA00-111 gB Page 1 Surrounding Property Owners Wingate Hill 1 2 3 19 4 5 1$ 6 17 16 15 14 13 12 7 11 1 9 9 Property Owner Zoning Land Use Description Acreage 1. USA 1. 27 acres 2. Park Cities Lions Club 2. "AG" 2. Low Density Residential 2. 6 acres 3. J.Arnold 3. "SF-IA" 3. Low Density Residential 3. 1.08 acres 4. J.Pollard 4. "SF-IA" 4. Low Density Residential 4. 1.00 acres 5. C.Ricord 5. "SF-IA" 5. Low Density Residential 5. 1.00 acres 6. J.Christian 6. "SF-IA" 6. Low Density Residential 6. 4.55 acres 7. J Gilbert 7. "AG" 7. Low Density Residential 7. 24.80 acres 8. K. Sorg 8. "AG" 8. Low Density Residential 8. 6.95 acres 9. 300 Convent Street Corp 9. "R-PUD" 9. Medium Density Residential 9. 0.54 acres 10. 300 Convent Street Corp 10. "R-PUD" 10. Medium Density Residential 10. 0.50 acres 11. Chateaumar Homes Inc. 11. "R-PUD" 11. Medium Density Residential 11. 0.49 acres 12. 300 Convent Street Corp 12. "R-PUD" 12. Medium Density Residential 12. 0.71 acres 13. R. Stark 13. "R-PUD" 13. Medium Density Residential 13. 0.66 acres 14. 300 Convent Street Corp 14. "R-PUD" 14. Medium Density Residential 14. 1.51 acres 15. 300 Convent Street Corp 15. "R-PUD" 15. Medium Density Residential 15. 0.92 acres 16. 300 Convent Street Corp 16. "R-PUD" 16. Medium Density Residential 16. 0.65 acres 17. 300 Convent Street Corp 17. "R-PUD" 17. Medium Density Residential 17. 0.56 acres 18. 300 Convent Street Corp 18. "R-PUD" 18. Medium Density Residential 18. 0.69 acres 19. IBM Corp 19. "R-PUD" 19. Medium Density Residential 19. 4.92 acres Case No. Agenda Item Attachment C ZA00-111 8B Page 1 Surrounding Property Owner Responses Wingate Hill NO. OF NOTICES SENT: Twelve (12) RESPONSES RECEIVED: One (1) response was received from within the 200' notification area: • Jann Christian, 3105 Briar Lane, Southlake, TX, opposed, "Too high density as developers over build - some areas of Southlake should be lower density. The street system cannot handle the traffic and some areas should be left for lower density. Our property is adjacent to this property and high density housing will not enhance our property. It will only reduce its value." (Received November 9, 2000.) One (1) response was received from outside the 200' notification area: • Sandra J. Lancaster, Noise Compatibility Office, DFW Airport, P.O. Drawer 619428, opposed. See attached letter. (Received November 9, 2000.) (Mw Case No. Agenda Item Attachment D ZA00-111 811 Page 1 C�* �eg:� Dallas / Fort Worth International Airport vDec April 6, 2000 Ms.Ann Creighton, Chairman Planning&Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake,Texas 76092 RE: Planning&Zoning Commission Agenda Item Reference No. ZA-00-024 Dear Ms. Creighton: Please allow me to address an agenda item slated for the April 6, 2000 meeting of Southlake's Planning & Zoning Commission. The agenda is to consider a zone change from"AG" and"S-P-2"to "SF-IA", Single Family Residential District for property located at 2929 North White Chapel Boulevard, being on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street, Case No. ZA-00-024. For reasons stated below, the Dallas/Fort Worth International Airport Board("DFW") is opposed to the proposed zone change. The majority of the subject property is located within DFW's 65 DNL noise contour according to the Airport's Official Noise Contour and is located on the extended runway centerline for Runway 13U31R, approximately 6.25 statute miles from the north end of this runway. The property is subject to routine.and regular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 bove Ground Level over the subject property. The Airport Board is opposed to the proposed residential development at this site. According to the City of Southl e's own Ordinance 479, "Airport Compatible Land Use'', residential properties within the 65 DNL contour are considered incompatible. However, in the event the City determines the project and its location are in the City's best interest, the Airport Board strongly recommends the following conditions of approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction be incorporated into thebuilding design, noted on the final building plans,and verified during the building inspection process. 3. The City require a minimum building shell design of 25 NLR (Noise Level Reduction). Greater values would afford additional sound attenuating properties to the school. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. Sincerely, Karen L. Robertson, Manager Noise Compatibility Office 9 l of 5 Case No. Agenda Item Attachment D ZA00-111 811 Page 2 �Ojre� Fegan Executicutiveve Director Dallas / Fort Worth International Airport November 9, 2000 Mr. Dennis King, Chairman Planning &Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda Item Reference No. ZA00-111 & 112, Wyndsor Hill Dear Mr. King: Recently, we received two "Notice to Interested Property Owners" for action items related to a property located on the east side of North White Chapel Boulevard, approximately 700' north of Sweet Street. The first notice addresses rezoning from "AG" Agricultural to "SF-1A" Single Family Residential (ZA00-111). The second notice, for the same property, addresses a Preliminary Plat for Wyndsor Hill (ZA00-112). Both items are scheduled for the November 9, 2000 meeting of the City of Southlake's Planning & Zoning Commission. For reasons stated below, the Dallas/Fort Worth International Airport Board ("DFW") is opposed to the proposed zone change and preliminary plat. The Airport Board similarly opposed an April 2000 proposal for residential development on this same property (see attached letter). �ferencing the Airport's Official Noise Contour, the majority of the subject property is located within the 65 DNL rase level (refer to attached contour excerpt) and is located on the extended runway centerline for Runway 13U31 R, approximately 6 statute miles from the north end of this runway. The property is subject to routine and regular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 feet Above Ground Level over the subject property. According to Federal Aviation Administration guidelines and the City of Southlake's own Ordinance 479, "Airport Compatible Land Use", residential properties within the 65 DNL contour are considered incompatible. Given the factors noted above, the DFW Airport Board urges the City of Southlake to assist the airport in reducing future noise problems by not approving the proposed zoning change. However, acknowledging that the Airport does not have any jurisdiction in the City of Southlake, should the City consider the approval of the proposed project, we would recommend the following be applied as conditions of the approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction of 25 dB Noise Level Reduction be incorporated into the building design, noted on the final building plans, and verified during the building inspection process in accordance with Ordinance 479. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. 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R Au C F iyla QT w IZI rti. �. 4;rs \ la EEG vF♦ae, �•>o a4S ,.1-�.Rtt11IRaP GIWf�LLwF ♦• +' h♦• ♦ _ •-�i ( \ t. `` y P s y3E°RJ!Dllu�'. vVT RVEEEurE� A Y '"i aFf IN00 S ....KEE z C.." �♦ \ t•♦f .n, ..RfE NORM rVAr i 1 DMVF RR(GIOICL KM0. ' �.r O ' 3 RA dEa �' V •. .: `DAIR�UIA6\G C !4. ,.� 1` ••• Z TNUKIt �KIG.�11� rt a >! t,LRSMS � •• RI'JGC aMp,Y• �f a RYEEG � Y p OEIIr�{✓, aGi c jF E�. p� QJ'..E)a ■ y IHAIs IK VO Y EVE C12 t - � � �'fr 5 ^ 4 a'S .r rEJ�� : •.*�V .� \.. ♦- .9 TINKlR i� - - E WS tt t' ♦♦•♦r ItE' ..... F, SMREA3 e = _ HIAI Id' - t. f� V!OA6 Case No. Agenda Item Attachme �C)f j ZA00-111 8B Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-352 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS,BEING LEGALLY DESCRIBED AS TRACTS 3 & 3F AND A PORTION OF TRACT 4C,IN THE REES D. PRICE SURVEY, ABSTRACT NO. 1207, AND BEING 30.138 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT FOR TROPICAL FISH DISTRIBUTION AND RELATED ANCILLARY USES TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Agenda Item Attachment E ZA00-111 8B Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and"S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among 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 (6w throughout this City; and, Case No. Agenda Item Attachment E ZA00-111 8B Page 2 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 Case No. Agenda Item Attachment E ZA00-111 8B Page 3 amended as shown and described below: Being Tracts 3 &3F and a portion of Tract 4C, in the Rees D.Price Survey,Abstract No. 1207, and being 30.138 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses to "SF-1 A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety,morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses Case No. Agenda Item Attachment E ZA00-111 8B Page 4 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; 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 Case No. Agenda Item Attachment E ZA00-111 8B Page 5 disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY Case No. Agenda Item Attachment E ZA00-111 8B Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment E ZA00-111 8B Page 7 EXHIBIT "A" Bemy oc,", of tans wmated in the FF.D !-opf k nuntv, Tows. bong the tract 74 land ,des.. i;- Fwn0w� Wr rew�drd in Volume 7415, Page 19 74, Deed Records, are unt`, 3;j 53 arms of land being nmove pattkilardy 'As"Tod as Wows: BEi,NN= W an 112- roe.: rod found W he Snukheast corner of sawl, has tract beino, ihie tir,,,rtheast corner of a kroof of land described me jenj W Keineth Dean Sr-g and vice Qan Margariet recc-rded pi Wume 431Y Palo 359, Wed Re,.rr*, Tarrant County, Texas, said 1,12" !,,ra Na0h j,J fee' from We Nort.1-twest cc:wpr W the AW T,—rant (ounlv, Tt—as of p3ij k4asse, aryj _mq t,octs to an 1/2" Amn rod founa ct the common cnd %q trwts. jA3 heeT K Q 1/2 vcn ind Bompea BEASLET 045 405C set tn the SnuK line W a tract of kind descf,lond in We deed nQ Wrlde C 1 umnwos r-ecorded in Volume 1 191K Ng . F09, Deed Wcords, Varraqh Countv. Trion at the outh.west corner ol' said Lions Club ma�, from x4ch a ppe found at tne Soolkiwest vorner of said Curnmings tract bears !Vest 77410 ON cind frons, which an 112 imn —,dl toun—I the Nvkhwed come- of a tract of !and des--ribc-d in tMe -men to "--hL;ei v c'. ci-,rded :i-. volurne 117-90,. 4 1 iDeel ReCords, Tarrant _runt,, linns hews S BY 1 E 10.27 feet a Aj) -J 3�5 20 fo,-t olom) the 0pnt r on r,G,d F-n F,vi.-I �py 0 vad Lons C untmW, LA :,, kinrj 1 3C. judges,ort ig no tract Nct_ C - 221 ri r:aver -T ,,r!fed Arnnn�Lcj, record-'.a in the Yon cz r..ourt Rer w ds N 1N, t-I nits-It D'striLt C C!urt for ihc r, F)jsvNt T�<as, i,t th Division, usf: t:,-D 2 18 n iz qWd Fobwal 1 052, THEWC E 4 tm*54 W a Ismint" a 575 64 Met Nona On cornmv-- 0p: of Eaid kjor _ Ono ,rid the UnAeo Skilnes of Amw u try.--ls in n >j 0 a nq e d B EA S L r- RP[.7, 4 0 5 0- _,et, 11 r j r n� Mitch cr n-innumen•' nt- tive corn, or comer of sMl r ij jrv! of ln , K,:a t-irl bons N 5S5617- E 05 A 66 my FHEN( F I 3W4 �0 E, a json-- of 548,67 W 0 an set 1/2" ror-i mi! c,t,srr-,pecj RE,�SUFT Rp. L S 4 CI 5 0 7HENCE 7 720213- E, a distance of 166,83 feel to an 1,'2" iron nd stamped EBFASI-F' PPLS 4050 se` in the South kne 0 said tract from which a 4/8" iron rod at the WuNeast rorner of sad L&nv Chib Wwt tows AST 392 49 feel: THEE E_. clong the devicrIed North We .0 said Massey troct EAST 3920 feet to a stone founnI -ir the Norlthemit ---orner of -,o,ic, THWE n 00' 54 2C a a d5torwe Df 956 47 feet along ,he Lust !inn v sca Massey rraot lo the rnAnt of begininmy, c-,onitainir;g, �io ,7,8 acres ot land. The bearings re. to hereon are oriented 0 the South iine of the tract of ian,j dezcrih,--d if) Voifinne 3218, Page 551 Deed Records, Tarrant Cni-inty, Texas. Case No. Agenda Item Attachment E ZA00411 8B Page 8 r w City of Southlake • . o Department of Planning STAFF REPORT December 1, 2000 CASE NO: ZA00-112 PROJECT: Wingate Hill REQUEST: Four Peaks Development is requesting approval of a preliminary plat. ACTION NEEDED: Consider preliminary plat request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner Letters (H) Blue Line Copies of Plan(for P&Z and Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-112 8C BACKGROUND INFORMATION OWNERS: Four Peaks Development; Lions Club of Dallas Park Cities p ( ) APPLICANT: Four Peaks Development PROPERTY SITUATION: Located on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. HISTORY: Approximately 19 acres of this site was zoned from "AG" to "S-P-2" Generalized Site Plan District to permit a fish distribution facility in August of 1993. Approximately 5 acres of this property has an existing residence on the site and the remaining portion of this property is what has been known as Camp Burnett owned by the Lion's Club Organization. LEGAL DESCRIPTION: Tracts 3, 3F, & 4C, Rees D. Price Survey, Abstract No. 1207, and being approximately 44.0 acres. LAND USE CATEGORY: Low Density Residential; 65 LDN Overlay Corridor CURRENT ZONING: "AG" Agricultural District; "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan recommends a White Chapel Boulevard as a (2) lane undivided arterial collector with 70' of right-of-way. Currently 60' of R.O.W. exists on White Chapel Boulevard. The applicant is providing an additional 10' of R.O.W. Existing Area Road Network White Chapel Boulevard-is currently a two(2)-lane undivided north-south roadway. The applicant proposes (1) access onto to White Chapel Boulevard. White Chapel Boulevard at this location currently operates at a level of service (L.O.S.) of B. The current traffic counts on North Kimball Avenue: 24hr North Bound 1,192 South Bound(SB) (1,120 NB Peak A.M. 82 6a.m-7a.m. Peak P.M. 136 5 .m.-6 .m. SB Peak A.M. 85 7a.m-8a.m Peak P.M. 116 6 .m.-7 .m Traffic Impact It is projected that this site will generate 170 trips per day onto White Chapel Boulevard. Case No. Agenda Item Attachment A ZA00-112 8C Page 1 r WATER AND SEWER: An 8" waterline exists along White Chapel Boulevard. An 8" sanitary sewer line will connect into the Kirkwood Hollow system. ESTIMATED IMPACT FEES*: Water $30,668 Assumes 17-1" meters Wastewater $19,116.50 Assumes 17-l" meters Roadway $25,426.39 (Roadway Service Area 2 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance.The fees shown above represent estimates prepared by the Planning Department P&Z ACTION: November 9, 2000; Approved(4-0) subject to Plat Review Summary No. 2, dated November 3, 2000, and subject to the following: • To allow the variance to Item#1 (another point of access); • To allow the variance to Item#2 (building setback lines); • And noting that the plat does not show the 25' building setback lines on Lot 4, Block 3, and Lot 17, Block 1. P&Z SPEAKERS: None STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated December 1, 2000. The applicant is requesting the following variances: • Subdivision Ordinance 483, Section 5.01 C & 5.03I, recommends two points of access to the property. Applicant requests approval as proposed. • Variance to allow reduction in building setbacks along the side street of corner lots under provisions of Ordinance No. 480, Section 4,page 4-22, drawing no. 4 which permits approval of a reduction down to the district side yard requirement of 20'. NACommunity Development\WP-FILES\MEMO\2000cases\00-112PP.doc Case No. Agenda Item Attachment A ZA00-112 8C Page 2 Vicinity Map Saw Wingate Hill I I:j dE" G T S pp9�'0, pG IEEppD,T r 5Td'iE�pµ 6 N�pTE W P MN? El �P pFt1N _ 5FpNFORJ ` �� TPTE T� z J o. e ESTES T sq�wa I 1 ES1A I , Y W E PTE y v�N 2000 0 2000 4000 Feet N W E S Case No. Agenda Item Attachment B ZA00-112 gC Page 1 LY]dA-dYjaM-j9Xj a t 2806L�1 •(O1 Ali'4«1994Pe89 WYa� i �& n•.wun o SU33NISM T IMMOULAN3•Iwo S4dX9.L"�IV'II-I.I.f10S °p,nm •° ° ° 9N�'MMNISN3�JIN 1nSNO�SNNO�® t10IS]AIQHIIS I IIH 3 L dOtdM a � x CV ' RI FIR z _- �p� OYn w 3 5@6Eel'E2d§Y C t'``Fi -..- .'.!� E I �fia6 O fC 088880 :R 8 m _y,,, •.i "� -.( i '� - N§a qtds.c s 1 €I 77m-- _ ,,---- 7N0zk ' ' a"a --s---� ^aac,��•' �"" r t �y I i r.•- J` I ele w8�'^Ctea � ;i `ila ��- III• � � "r^ -IL-� NL ok \\ � I � _. j.ry��d' I �.,� IR6 I??' I 9�\,('6N�/i/� i� �n� .w• a ���. t.'NrY \ $ fl I ,../ 6 a SI5 ➢ _ .) 1 �\/,y,y;��,y .�._/� _ bia T IE �c�\ /,',y., b 4\ gyp. ! / s .`€•_ � - �C ,�` \ IL Laze I \ •;,,� dv�` �`.. ate. 3 � ��,-,. a i I� r\ _ € r S :tee cIa q \• —. eYo Sae-: cc C C t#i( 6Y 5s §gg£ g' � i &� ?� _- _'-saFs1;=" a�$ "1 a � "� a•E € W g] "Lg fee _L ss s€ ^§ sl z;ss�%.E �} i �^ � s / I =�g°��€ox ;h }, Y�-s �� ^F 'Sgr z•a SS 7 1 Ea' 1 _ 1":I /• x' `a' }� � � g � _ _I ,C d�g3 d v $ °a P1. of lF'i lX 9.$s= J�.: ! N 6 t i. 1 6 i§ : €$,q ib a Fa 3,��a'_E_« tggg s € } ae£s 6 1a it $$a a 8F $ Mt a._ I$tF'.x ➢��a_F9eI € e .S :1 aIR'sa s '}E s; •am$ •'k E £ s as 9 Q _1 tyC _ !a • g' ff a€.a €� _ t- bra a.$•�:z Raa - F a = L x , • ^s e_ : b o OC LLI G7 e o L Pn at s "R y$ = sey a a as$ B-xja a`Sffp. � agg pp o a If a -" — Q H < N 4-�y. ra- $ IF_k § F,$ a8 ( $Y.5 n, 3 Fa��— g Y: d - § % !°. s.:a$» I [a 5$ c3 s _• �. Q nci Lev° s a al" $" �g � $ gk t R $.€$� E{Fla°= ai :�x a •�. CiJ Z C 55 a .�s -=pag=� x �� a Item ttachmen C R.sF a s z- s _.- a gsa A aT g.�g 5 €F ot'4 C s 0- Z s S s ae} ga -. = gag $ yF3 ; $i E s Pa I #E.Sa w=:a.$e }a3 FroiasalEag�:a$aadt3 �f �g $$$ rao.e.,�'.l uvwar Informational Comments * Plat approval is subject to approval of appropriate change of zoning. All lots must conform to Zoning h .r District Regulations. A request for zoning change to "SF 1-A" Single Family Zoning District is being processed concurrently. * All City easements proposed for abandonment must be abandoned by processing of an Abandonment Resolution through the City Council. Contact Public Works regarding processing at(817)481-5581 ext. 741. All private easements must be addressed through the grantee(s) of the easement. * It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 must be executed on subsequent Plats to be filed in the County Plat Records. * A final plat must be approved and filed of record and all required fees paid prior to issuance of a building permit. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. cc: Four Peaks Development, David McMahan Adams Engineering Case No. Agenda Item Attachment D ZA00-112 8C Page 2 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 00-112 Date of Review: 10—26- 00 Number of Pages: 1 Project Name: Whitehall Addition(Preliminary Plat) OWNER\DEVELOPER PREPARED BY: Four Peaks Development Adams Consulting Engineers, Inc. 726 Commerce St., Suite 109 2445 E. Southlake Blvd, Suite 100 Southlake, TX 76092 Southlake, TX 76092 Phone: Phone: (817) 329-6990 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant is proposing to construct a detention pond on Lot 12, Block 1. Although the pond area is proposed in a semi-clear area, there are trees along the perimeter of the pond that will be effected by the grading. The existing ponds on Lot 11, Block 1; are proposed to be filled in during the construction of the development. The only grade work and construction that should occur outside of the R.O.W. and Utility Easements is on lots 11 and 12. * Residential Subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Ordinance. * All requirements and regulations of the Tree Preservation Ordinance 585-13, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-B. Case No. Agenda Item Attachment D ZA00-112 8C Page 3 11,t0312000 12:04 8174814074 FOUR PEAKS DEVELOP PAGE 02 Four Peaks Development,Inc. November 3,20W W.Dennis ulough Platming dt Zoning City of Sonthhake Southlalm,Texas RE; CASE NO:ZAM112 PLAT REVIEW SUMMARY DATED 11/03/00 Dear Dennis; please accept this letter as our official request for variances for items I dt 2 of the a*Oat plat review gununary. As it relates to item I we feel that we do not have any street or cul-de-sac kngths which exceed the requirements as sat forth in Ordivance 483,Section 5.01C"or 5.034. Moreover,these are many examples within the commouty of more homes than proposed situation wherein there is only one entrance. In addition please let mne explain that we have the first right of rdAlml for the balance of CAMP Burnett and should the Lions Club ever decide to sell it for development we feel that no more than five or six ids can be developed due to the extraordinary topographical features of the properly. As you can see we have designed the entrance to extra width to insure ingress and egress at all times. Item 2 relates to building line requirements on what we believe are side yards and not front yards,therdore we feel that we area not realty asking for a variance but rather an interpretation that in fact these are side yards. Under section 1.04 of Ord 483 fromuage is defined as"That side of a lot,parcel,or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. Keeping that in mind please refer to Ord.483 section 8.01 H which states that"all corner lots within the morkipal city limits shall have setback lines on both stroets as required by the Zoning Ordbumce". The zoning ordinance only calls for a 40'setback on the host as defined above. We are not asking for any variance to Item 3 and will be happy to work with staff in Coming UP with suitable names for botb the development as well as the streets. Thank you for your Cooperation in these matters. Sincerely, David McMahan Principal Four Panics Dev+slopnent ftNov V /y 728 Convnett;s 81..Ste.108 Southlake.TX 76M • (817)329-OM Fax(817)481-4074 Case No. Agenda Item Attachment E ZA00-112 8C Page 1 Surrounding Property Owners Winiate Hill 1 2 3 A 5 = 21 6 7 20 1 $ 18 17 16 9 15 1d 13 1 1 10 1 Property Owner Zonine Land Use Description Acreage 1. USA 1. 27 acres 2. J.Orfield 2. "SF-IA" 2. Low Density Residential 2. 1.11 acres 3. C.Fettinger 3. "SF-IA" 3. Low Density Residential 3. 1.93 acres 4. W.Gloyeske 4. "SF-IA" 4. Low Density Residential 4. 1.13 acres 5. J.Arnold 5. "SF-IA" 5. Low Density Residential 5. 1.08 acres 6. J.Pollard 6. "SF-IA" 6. Low Density Residential 6. 1.00 acres 7. C.Ricord 7. "SF-IA" 7. Low Density Residential 7. 1.00 acres 8. J.Christian 8. "SF-IA" 8. Low Density Residential 8. 4.55 acres 9. J Gilbert 9. "AG" 9. Low Density Residential 9. 24.80 acres 10. K. Sorg 10. "AG" 10. Low Density Residential 10. 6.95 acres 11. 300 Convent Street Corp 11. "R-PUD" 11. Medium Density Residential 11. 0.54 acres 12. 300 Convent Street Corp 12. "R-PUD" 12. Medium Density Residential 12. 0.50 acres 13. Chateaumar Homes Inc. 13. "R-PUD" 13. Medium Density Residential 13. 0.49 acres 14. 300 Convent Street Corp 14. "R-PUD" 14. Medium Density Residential 14. 0.71 acres 15. R. Stark 15. "R-PUD" 15. Medium Density Residential 15. 0.66 acres 16. 300 Convent Street Corp 16. "R-PUD" 16. Medium Density Residential 16. 1.51 acres 17. 300 Convent Street Corp 17. "R-PUD" 17. Medium Density Residential 17. 0.92 acres 18. 300 Convent Street Corp 18. "R-PUD" 18. Medium Density Residential 18. 0.65 acres 19. 300 Convent Street Corp 19. "R-PUD" 19. Medium Density Residential 19. 0.56 acres 20. 300 Convent Street Corp 20. "R-PUD" 20. Medium Density Residential 20. 0.69 acres 21. IBM Corp 21. "R-PUD" 21. Medium Density Residential 21. 4.92 acres Case No. Agenda Item Attachment F ZA00-112 8C Page 1 Surrounding Property Owner Responses Wingate Hill NO. OF NOTICES SENT: Fifteen (15) RESPONSES RECEIVED: One (1) response was received from outside the 200' notification area: • Sandra J. Lancaster, Noise Compatibility Office, DFW Airport, P.O. Drawer 619428, opposed. See attached letter. (Received November 9, 2000.) �r Case No. Agenda Item Attachment G ZA00-112 8C Page 1 r ,J"V11 a'ffreyRFegan Dallas / Fort Worth International Airport cutive Director 16r✓ November 9, 2000 Mr. Dennis King, Chairman Planning & Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda Item Reference No. ZA00-111 & 112, Wyndsor Hill Dear Mr. King: Recently, we received two "Notice to Interested Property Owners" for action items related to a property located on the east side of North White Chapel Boulevard, approximately 700' north of Sweet Street. The first notice addresses rezoning from "AG" Agricultural to "SF-1A" Single Family Residential (ZA00-111). The second notice, for the same property, addresses a Preliminary Plat for Wyndsor Hill (ZA00-112). Both items are scheduled for the November 9, 2000 meeting of the City of Southlake's Planning & Zoning Commission. For reasons stated below, the Dallas/Fort Worth International Airport Board ("DFW") is opposed to the proposed zone change and preliminary plat. The Airport Board similarly opposed an April 2000 proposal for residential development on this same property (see attached letter). Referencing the Airport's Official Noise Contour, the majority of the subject property is located within the 65 DNL -,)ise level (refer to attached contour excerpt) and is located on the extended runway centerline for Runway J31 R, approximately 6 statute miles from the north end of this runway. The property is subject to routine and ular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 feet Above Ground Level over the subject property. According to Federal Aviation Administration guidelines and the City of Southlake's own Ordinance 479, "Airport Compatible Land Use", residential properties within the 65 DNL contour are considered incompatible. Given the factors noted above, the DFW Airport Board urges the City of Southlake to assist the airport in reducing future noise problems by not approving the proposed zoning change. However, acknowledging that the Airport does not have any jurisdiction in the City of Southlake, should the City consider the approval of the proposed project, we would recommend the following be applied as conditions of the approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction of 25 dB Noise Level Reduction be incorporated into the building design, noted on the final building plans, and verified during the building inspection process in accordance with Ordinance 479. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. Sincerely, 0 V 1 'Sandra J. Lancaster Sr. Noise Compatibility Planner Case No. Agenda Item Attachment G ZA00-112 8c Page 2 1E)FNX/� Pr J-'-- yP. Fegan Dallas / Fort Worth International Airport ive Diroctor ,,,. April 6, 2000 Ms.Ann Creighton,Chairman Planning&Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake,Texas 76092 RE: Planning&Zoning Commission Agenda Item Reference No. ZA-00-024 Dear Ms. Creighton: Please allow me to address an agenda item slated for the April 6, 2000 meeting of Southlake's Planning & Zoning Commission. The agenda is to consider a zone change from"AG" and"S-P-2"to"SF-IA", Single Family Residential District for property located at 2929 North White Chapel Boulevard, being on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street, Case No. ZA-00-024. For reasons stated below, the Dallas/Fort Worth International Airport Board("DFW") is opposed to the proposed zone change. The majority of the subject property is located within DFW's 65 DNL noise contour according to the Airport's Official Noise Contour and is located on the extended runway centerline for Runway 13L/31R, approximately 6.25 statute miles from the north end of this runway. The property is subject to routine.and regular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 lbove Ground Level over the subject property. (�he Airport Board is opposed to the proposed residential development at this site. According to the City of Southl e� own Ordinance 479, "Airport Compatible Land Use", residential properties within the 65 DNL contour are considered incompatible. However, in the event the City determines the project and its location are in the City's best interest, the Airport Board strongly recommends the following conditions of approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction be incorporated into the building design, noted on the final building plans,and verified during the building inspection process. 3. The City require a minimum building shell design of 25 NLR (Noise Level Reduction). Greater values would afford additional sound attenuating properties to the school. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. Sincerely, Karen L.Robertson, Manager { � ` C r Noise Compatibility Office Case No. Agenda Item Attachment G ZA00-112 8c Page 3 y �v�Y3a. '•°°3` 1c ., :. ,_ ,�r'Yr. .,,�}: yG=_ wx{ .,�,,�;._ _ � ,..,x_.. . Yp w4,-._�� + ,m uREs _ _. 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Case No. Agenda Item AttachmLr! r ZA00-112 8c Page 4 City of Southlake, Texas MEMORANDUM October 27,2000 TO: Billy Campbell, City Manager FROM: Monica Broadhurst, Metroport Teen Court Coordinator SUBJECT: Interlocal Agreement for funding of the Teen Court Program Action Requested: Approval of Metroport Teen Court Interlocal Agreement Background Information: On October 1, 1996, the Cities of Southlake, Colleyville, and Grapevine; Town of Trophy Club; the Carroll Independent School District; and the Grapevine/Colleyville Independent School District entered into an agreement to create the METROPORT Teen Court program. This joint venture creates the process through which juvenile misdemeanor offenders are offered an alternative to the criminal justice system. This alternative allows the teen defendants the opportunity to assume responsibility for their actions by involvement in the judicial process and community service in order that their offenses will not be recorded. In fiscal year 2000-2001 the Town of Trophy Club and Grapevine/ Colleyville ISD made the decision to not renew the interlocal for participation in the program. The withdraw of Trophy Club was announced in advance and did not create funding issues. However, the announcement from the Grapevine/Colleyville ISD was not received until September 27, 2000. The 1999-00 Interlocal Agreement, (attachment) outlines the METROPORT Teen Court Program. This agreement also outlines the development of the METROPORT Teen Court Advisory Board, the METROPORT Teen Court Budget Advisory Committee, and the roles and responsibilities of each of their members. The accord also authorizes the City of Southlake to employ a full- time Teen Court Coordinator, provide office space for him/her and collect revenues from the other participating Cities and School District in order to maintain the program. Financial Considerations: The City's participation in the cost of the Teen Court would be $28,958. (Each entity paid $14,479- Southlake is being asked to fund the portion that GCISD did not fund in addition to their $14,479) Citizen Input/ Board Review: Not Applicable Legal Review: The City Attorney D'Ann Drennan has reviewed the Interlocal Agreement as to form and legality of the document. Alternatives: Approve agreement, deny agreement or modify agreement j0_ q_ I Billy Campbell October 27, 2000 Page 2 Supporting Documents: 2000-2001 Metroport Teen Court Interlocal Agreement Staff Recommendation: Place Metroport Teen Court Interlocal Agreement on the December 5, 2000 City Council meeting agenda for Council to review and approve. Approved for Submittal to City Council: City Manager's Office f0-A-2 INTERLOCAL AGREEMENT CITY OF COLLEYVILLE, CITY OF GRAPEVINE, CITY OF SOUTHLAKE, CARROLL INDEPENDENT SCHOOL DISTRICT, AND GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT. This Contract and Agreement, entered into the 1st day of October, 2000, by and between the City of Colleyville, the City of Grapevine, and the City of Southlake, municipal corporations herein called "Cities" or "each participating City," and the Carroll Independent School District and the Grapevine/Colleyville Independent School District, herein called "School Districts" or "each participating School District," the parties acting herein under the authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Government Code, WITNESSETH THAT: WHEREAS, the City Councils of the Cities of Colleyville, Grapevine, and Southlake, and the Boards of Trustees of the Carroll Independent School District and the Grapevine/Colleyville Independent School District jointly find that it will be in the public interest to enter into this agreement for the purposes set out herein below, NOW, THEREFORE, it is mutually agreed between each participating City and each participating School District that: 1. Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them also to assume responsibility for their own actions by involvement in the judicial process and community services in order that their offenses will not be recorded; bringing juvenile offenders to a jury of their peers and to the community for constructive punishment will provide the youths with an understanding of the judicial system and a realization of their roles in the community. Page 1 to- A-3 2. The community will benefit from this interaction in that, through Teen Court, the community is afforded a unique opportunity to become involved in the education of juvenile offenders, as well as juvenile volunteers. Teens, through their active involvement, are afforded a way to learn how our system of justice works and to realize their roles in the community. 3. A Teen Court Advisory Board shall be appointed by the respective governing bodies comprised of two (2) from each participating city and two (2) from each participating school district, as each so chooses. The role and duties of the Teen Court Advisory Board shall be established by the Municipal Court Judges in the participating cities. 4. A Teen Court Budget Advisory Committee shall be established, comprised of the city managers of each of the three (3) participating cities, and the superintendents of each of the two (2) participating school districts, or their designees. The Budget Advisory Committee shall set the budget for the METROPORT Teen Court and shall be responsible for budget oversight of the Court's operations. 5. The City of Southlake shall employ an administrator to administer and coordinate the activities of the METROPORT Teen Court program. 6. This Agreement shall be executed in separate counterparts for each participating city and school district, which counterparts shall be valid and binding as if the original. Each participating city and school district, as its contribution for participating in the METROPORT Teen Court Program, shall pay to the City of Southlake $14,479 upon commencement of this • Agreement. The City of Southlake will pay $28,958 for their participation upon commencement of this Agreement. It is expressly agreed that the payment of each counterpart fairly compensates Southlake for the performance of services contemplated under this Agreement. Each participating city and school district shall make this payment from current revenues available to the city or school district. ti... Page 2 IU',4`I 7. The Teen Court Coordinator shall be an exempt employee for purposes of Fair Labor Standards Act (FLSA) coverage. 8. The scope of responsibilities of the Teen Court Coordinator shall be established by the City of Southlake. 9. This contract shall be for the period of one (1) year beginning October 1, 2000. 10. Any party hereto may terminate its participation in this agreement without recourse or liability upon thirty (30) days written notice to the other party. ATTEST: Carroll Independent School District Grapevine/Colleyville Independent School District City Secretary, City of Colleyville Mayor, City of Colleyville City Secretary, City of Grapevine Mayor, City of Grapevine City Secretary, City of Southlake Mayor, City of Southlake Page 3 /j -A -5 Approved as to form and legality: City Attorney, City of Colleyville City Attorney, City of Grapevine City Attorney, City of Southlake Attorney, Grapevine/Colleyville Independent School District Attorney, Carroll Independent School `.. District Page 4 /0- .4-� City of Southlake, Texas MEMORANDUM December 1, 2000 TO: Billy Campbell, City Manager FROM: Rick Black, Acting Director of Public Safety(Ext. 730) SUBJECT: Request for modification to Conditional Sign Permit for Gateway Plaza Development,pursuant to Sign Ordinance No. 704-A. Action Requested: City Council consideration of request for modification of Conditional Sign Permit. Background Information: Mr. Terry Wilkinson of Wyndham Properties has applied for a modification to the Conditional Sign Permit in order to establish special sign criteria for temporary development signs at Gateway Plaza Development. A conditional sign permit was granted for Phase 1 on February 2, 1999 and similar standards were approved for Phase II on June 6, 2000. No special provisions were made for development signs. The developer has requested to erect two 6' by 10' signs, one each on Southlake Blvd. and Highway 114 for four months. He has also requested similar signs for a maximum of six months when they open Phase II of the development. For comparison purposes, Town Square was allowed two oversized development signs for a year and the time has been extended twice for an additional year. Financial Considerations: Not applicable. Citizen Input/ Board Review: No citizen input has been received. Not subject to board review. Legal Review: Ordinance 704-A, Sign Ordinance, Section 6 permits Council to grant Conditional Sign Permits. Alternatives: The council may approve the conditional sign permit as requested, grant the request subject to whatever changes or conditions they deem appropriate, or they may deny the request. 10C-1 Billy Campbell December 1, 2000 Page 2 Supporting Documents: Sign Variance Application Letter Sign Drawing Section 6-A of the Sign Ordinance Staff Recommendations: Place the request for modification to conditional sign permit for Gateway Plaza on the December 5, 2000 City Council meeting agenda for approval RB/cb (W 1OC-2 Wyndham Properties, Ltd. 751 E. Southlake Blvd. rite 130 uthlake,TX 76092 17)329-4599 (817)488-2420 Fax November 20, 2000 Chuck Bloomberg City of Southlake 667 N. Carroll Ave. Southlake TX 76092 Re: Temporary Sign Permit for Gateway Shopping Center Phase I and Phase II. We would like to request a temporary sign permit for the erection of two signs, one to be located on Southlake Blvd. and the other to be located on Highway 114. As you know parts of the Shopping Center are still under construction, and we have found that many of the shoppers are not aware of the stores that have opened for business. We are requesting this permit to assist the retailers, and let potential shoppers know which tenants are open and which tenants will soon be open. This request is to allow the temporary signs to be installed for a period of four months for Phase I. We further request that a similar sign be allowed for Phase II for a period of six months after occupancy begins in that Phase. If you have any questions or need any additional information, please feel to call me. Sinc ely, erry L. Wilkinson 'fir► 1OC-3 Gateway Plaza — Phase I NOW OPEN BED BATH & BEYOND KOHLS MATTRESS FIRM OFFICE MAX T,J, % CHURCHILLS RACK ROOM SHOES DRESS BARN CARPET MILLS KRAUSE'S CLOTHESTIME OLD NAVY ULTA3 COSMETICS W W OPENING SOON THOMASVILLE FURNITURE BOGART GOLF HOME THEATER STORE FITNESS CALICO CORNER ANAMIAS BAKER BROS DELI CMPOTLEV61 It BANK OF AMERICA CENTER CLEANERS LEATHER DIRECT FOR INFORMATION CALL: David Lewis or Shawn Fullam 214-740-3300 b �FEr 1OC-4 From Sign Ordinance 704-A: SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. 10C-S City of Southlake, Texas MEMORANDUM November 30, 2000 I � TO: Billy Campbell, City Manager FROM: Valerie Bradley, Assistant to the Director, Public Works SUBJECT: Award of bid for Janitorial Services Contract Action Requested: Award of bid for Janitorial Services Contract Background Information: With the opening of Town Hall, the current janitorial services contract can not be used, as the addition of approximately 76,000 ft' would change the contract by more than 25%. Staff reviewed other cities' contracts, updated the current contract, and advertised for bids. The new contract covers over 100,000 ft2 of City owned facilities and will last until the end of this fiscal year. After the completion of the initial contract term, the contract allows for two additional one-year extensions (if agreed upon by both parties.) The bids will be received and opened by staff on Monday, December 4, 2000. Financial Considerations: The 2000-01 budget allocates $105,704 for this contract ($94,804 for janitorial services and $10,900 for quarterly window cleaning.) Also, Tarrant County will be signing an operational interlocal agreement with the City, which will require Tarrant County to participate in these I services provided at Town Hall. It is anticipated that Tarrant County will participate in the operational interlocal at a rate of approximately 25%. The lowest qualified bidder will be presented to the Council for consideration on Tuesday, December 5, 2000. Citizen Input/ Board Review: None. I Legal Review: The attorneys have reviewed and approved the bid specifications. Alternatives: Award the lowest qualified bid presented, reject all bids and re-bid the contract, or reject all bids and hire janitors to serve on City staff. i 10D-1 Bill Campbell November 30, 2000 Page 2 Supporting Documents: None at this time. A bid tabulation will be provided on Tuesday. December 5, 2000. An estimated list of costs required for City staff janitors will also be provided. Staff Recommendation: Place the item December 5, 2000 Council Meeting Agenda for approval. (W I OD-2 City of Southlake, Texas MEMORANDUM August 11, 2000 TO: Billy Campbell, City Manager FROM: Chris Carpenter, Senior Parks Planner (ext. 866) SUBJECT: Discussion of possible development of a Public Art Policy Action Requested: City Council initial thoughts on having a Public Art Policy in place to guide any future decisions related to this issue. Background Information: Historically, the City of Southlake has had only relatively informal dealings with the issue of art and the public. As the city matures, there will certainly be instances where the city will be called upon to officially review, commission, accept, erect, maintain, etc., items of public art. The city may one day even wish to structure a funding mechanism for public art. As well as artwork itself, the city may also seek to develop widespread artistic elements through the construction of infrastructure and public places. Through research, it is has been found that a structured public art policy best administers what is a very subjective process. Financial Considerations: Will be discussed as part of presentation. Briefly, no dedicated funding exists for public art. The examples of funding for public art mentioned in the three- page report and detailed in the sample policy are simply methods that have been used in other cities. Citizen Input/ Board Review: Some of the basic principles of a public art policy have been discussed with various members of the Entry Portal Work Group and others, though no group has reviewed this draft. Legal Review: A copy of this draft policy has been forwarded to the City Attorneys in their Council packet. Alternatives: Alternatives include the following: ■ Status quo — no formal public art policy; address any future issues when they arise ■ Advise staff to proceed with public art policy research, hold meetings with interested parties, and return to Council with that input Supporting Documents: Supporting documents include the following items: ■ Report entitled "Public Art Policy — A Study on Policy, Practice and Funding" Billy Campbell, City Manager December 1, 2000 Page 2 (W ■ Appendix A—Text of draft Public Art Policy ■ Appendix B — Section 372, Local Government Code — Improvement Districts ■ Appendix C —Public Art Policies of Other Cities Staff Recommendation: Staff would appreciate Council's opinions on this topic and will proceed accordingly. We would like to note that there is no immediate issue pressing this discussion and staff has ample opportunity to edit any proposed policy and gather citizen input in the process. It is also key to note that, though funding measures are included as examples, no funding mechanism is expressly proposed, and any funding issues would be developed over the course of more detailed discussions. Please place this on the Regular City Council Meeting agenda for December 5, 2000, as a discussion item. I may be reached at Ext. 866 or by e-mail at ccailienter(u-ci.soutlilal e.tx.us with any questions. CLC 1 ! T ('1129 : ,0t�) ' F emIR f;- OSCES ONLY (4W Public Art A Study on Policy, Practice and Funding Prepared by Department of Community Services Parks and Recreation Division Introduction and Purpose Public art exists in many levels throughout many municipalities across the country. To what level it exists is a policy decision usually made through local initiatives, though in some states such as Massachusetts and Ohio it has its origins in statewide planning and funding. The following is a summary of the issues surrounding the creation of a municipal public art presence in Southlake as represented by experiences of other communities. It is the purpose of this report to promote the benefits of public art, outline all or most of the issues related to administration, review, and financing such endeavors, and to form an outline for drafting local public art master planning policies. The Potential Role of Public Art in Southlake Few would argue the significance of beautiful, unique and inspiring works of art adorning public y places. At a minimum, other cities have found that public art has served to: (a) advance the understanding of visual art in the community (b) enhance the aesthetic quality of public places and thereby enhance their use (c) provide wayfinding and directional bearings for the community and visitors (d) provide a level of prestige and accomplishment to public projects and the city as a whole (e) provide a sense of community and ownership of public projects (f) provide special commemoration of persons, places or events in local history, and (g) offer a common, aesthetically based objective to guide the developer, architect, engineer, artist, and local citizen Essential Elements of Public Art Policy In establishing a policy on public art, several administrative areas must be considered: (a) the involvement of the community in an overall public art master plan which addresses local needs, concerns, objectives and goals; (b) the development of an enabling legislation, ordinance, or specific policy which provides local authority to carry out the policies of the public art master plan; (c) the creation of a public art advisory committee (or similarly titled body) to administer the ordinance and interpret the policies; this body may also be supplemented by ad hoc groups or neighborhood committees to assist with certain issues; (d) the development of systematic, yet flexible, art review and selection procedures to guide the decision-making of the public art board; I �J DRAFT (1211VOO) — FOR ?=j'LIRPOSES ONLY (e) a policy, or ordinance inclusion, that addresses the issue of donated or loaned artwork and the city's rights and obligations concerning these types of works; (f) provision of a systematic means of funding public art and establishing funding budgets and priorities; (g) provision of a maintenance and replacement policy for public art; and (h) the inclusion of a timely review of the public art master plan, as with all other master plans in this community. The elements described above will be addressed in the individual sections to follow. The recommended language in these sections is a combination of various examples from other cities and staff s inclusions. A. Public Art Master Plan — This plan would be proposed as a master planning element of the city similar in purpose and intent to the currently adopted master plan elements such as the Land Use Plan and the Trail System Master Plan, etc. It would be developed by a citywide planning effort focusing on the assessment, need, and objectives of placing public art in Southlake. The plan would have a planning horizon of at least four years, preferably ten, and contain long-range plans for providing enhancement to public areas, including those noted in the 1995 Corridor Study as potential sites for entry portals. During the planning process, other areas for display, specific types of artwork, genres or themes of artwork, and a host of other guiding principles could be uncovered and used to develop the plan. B. Public Art Policy(or Ordinance) — Equally as important as developing a long-range plan is the adoption of a policy (or ordinance) which enables the City Council to have a set of rules for dealing with public art issues. In many jurisdictions, such as Albuquerque and Hillsborough County, Florida, an ordinance itself more or less serves as the policy or master plan (though master plans are very useful long-range planning tools). These policies and/or ordinances vary in format and content, but most, at a minimum, establish or recognize the authority of a review board, establish permanent funding sources, set up minimum acceptable criteria for review, develop minimum acceptable implementation measures, and provide specific rights and remedies by the city, if any. A sample policy/ordinance developed by staff is located in Appendix A and includes all of these measures. C. Public Art Advisory Committee (PAAC)-- Within most, if not all, public art ordinances is a provision for a committee charged with making recommendations, at a minimum, for the requisitioning of any public art in the jurisdiction. In the attached draft policy, staff provides a suggestion for the composition and duties of this board. In summary, the board should consist of at least two City Council members if the funding authority finally rests with Council, and the PAAC should have the authority to delegate any of it's advisory capacity to local ad hoc groups which may be sensitive to a local issue. D. Review and Selection Procedures — The main purpose of the policy and/or ordinance is to provide potential artists and interested parties a fairly concise set of guidelines for the requisition of artwork from start to finish. Artwork, though a very subjective item, should be more or less provided with minimum standard criteria in a policy or ordinance to prevent arbitrary rulings of the PAAC to the greatest extent possible. L ) A--' E. Donated or Loaned Artwork — An element of any policy should be for the orderly and consistent acceptance and rejection procedures for artwork the City did not commission. The City of Austin has had good recent experience with this issue, and staff has consolidated their ideas in the donations section of the draft policy of Appendix A. F. Funding Mechanisms—The most critical issue concerning moving forward with public art is the method by which it fits in the city's overall funding plans. Many cities do this many different ways, including simply adding it as another capital expenditure category, but most cities have gone to what is commonly known as a "Percent for Art" funding plan. In these examples, cities provide for public art by adding a percentage (usually 1% of all project budgets $200,000 or greater) to all public capital improvement projects (new construction, utilities, renovations, etc.) Using this method, rather than a regularly appropriated amount, allows artwork to "piggyback" with otherwise approved projects. Another method of financing artwork, along with other improvements such as landscaping, amenities, etc., is to create "improvement districts" as authorized by state law. These districts assess a predetermined additional property tax on specifically identified properties within the "district." This additional assessment is used to provide amenities and enhancements above and beyond regular city services within the district. The text of Section 372 of the Local Government Code is attached as Appendix B and is mentioned in the financing section, but, generally: (a) a majority of property owners (or tenants) within the district must agree to enact it; (b) the funds are managed by a board; (c) the district must only exist for a specified length of time and must be voted be re-approved. A final source of funds is state grant money provided through the Texas Commission for the Arts through the locally administered Northeast Tarrant Arts Council. These funds typically range on the mid to lower levels and are fairly competitive. All of the funding strategies mentioned above are simply included for reference purposes. G. Maintenance— Most public art policies also pre-determine what course of action to take with proper maintenance of the artwork and procedures for decommissioning, or deaccessioning, the artwork from public use should the need arise. H. Public Art Master Plan Review—If a master plan for public art is adopted, the plan should be periodically scheduled for review to reflect any changes in the preferences of the public for artwork in the city. This ensures a proper representation of the city's ongoing plans for artwork and provides opportunities for input. DRAFT ,"I`ill;110) FOR 0111ILY Appendix A Public Art Policy I. Purpose and Goals. A. The purpose of the Public Art Program is to support a public process for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning of art of the highest standards which shall enrich the quality of life for all residents and visitors of Southlake. B. The goals of the Public Art Program are to create a better visual environment for the residents and visitors of Southlake and to integrate the design of work of artists into the development of eligible City projects, as expressed in the Public Art Plan. The Public Art Program specifically seeks to: 1. encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines; 2. foster quality design and the creation of an array of artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves; 3. select experienced artists who can represent the cultural landscape of Southlake; 4. encourage the selection of artworks that are accessible to the public and respect the historical resources and mobility of the citizenry; 5. encourage artists, artworks and programs for open spaces, parks, and facilities that enhance the quality and pride of neighborhoods in the city; 6. encourage the participation by citizens in the process of acquiring and commissioning of public art; 7. encourage the role of public art in enhancing economic development and cultural tourism; 8. encourage the role of artists and public art in the functional design of eligible projects; and DRAFT 12'1;��0 FOR 9. exhibit art in designated facilities for the enjoyment of the public and to heighten awareness and appreciation for art. II. Applicability A. This policy applies to all artworks commissioned or acquired by the City, designed by a professional visual artist, or team of artists. Such artworks may include, but are not limited to: 1. The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that included an artist co-designer. 2. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional artist. 3. Earthworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres. 4. Murals or portable paintings in any material or variety of materials. 5. Sculpture — freestanding, wall-supported or suspended; kinetic and electronic in any material or combination of materials. 6. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. B. This policy and the review process defined herein, do not apply to: 1. Ineligible Artworks a) Art objects that are mass-produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist, or reproductions, by mechanical or other means, of original artwork, except in the case of film, video, photography, printmaking or other media arts. b) Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by artists commissioned for that purpose. c) Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist. III. Definitions A. Artist—A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks. B. Artist Services — Professional services by artists to develop designs for artworks or other architectural, landscape, or urban design elements, either individually or as a member of a project design team. C. Artists Registry — A regional local, national, and international slide and digital collection of artists and artworks used as a resource for art, art activities, and for the public art selection process. D. Artworks — Works in a variety of media produced by professional visual artists. Works may be permanent or temporary, functional or non-functional. E. Deaccessioning — The removal, relocation, selling or trading of artworks owned by the City. err F. Donations (and Gifts) — Art donated to the City from a private individual or institution and/or other outside sources. G. Loan — Artworks given to the City for its use for a period of time and to be returned to the owner after the loan period expires. H. Public Art Advisory Committee (PAAC) — An ad-hoc committee that makes recommendations to the City Council on public art and art activities. IV. Funding A. Percent for Art (example) — The City Council shall determine, after all estimates of necessary expenditures and all requests for authorizations and appropriations for City construction projects, an amount for art equal to at least one percent (1%) of the original estimated construction cost of any eligible project. For CIP construction projects, the original estimated construction cost shall be that estimated in the CIP for the year in which such funding is approved by the City Council. For non-CIP construction projects subject to the provisions of the Policy, the original estimated construction cost shall be that amount initially authorized in the departmental budget by the City Council. 1. For those projects which are only partially funded by the city, the one percent (1%) assessment shall be based on the city's portion of the original [ l/-8 ` DRAFT tinFT (1211/04j) _. F R RE VIE'v'' Pi..iR LvE-: N �f estimated construction cost. All city grant applications for federal, state, or county support of eligible construction projects shall include a request for funds for the purpose of the Public Art Program. Additionally, the city shall actively seek to encourage its partners in all joint public/private ventures to participate in the Program. 2. As provided in the Policy, the Public Art Advisory Committee PAAC shall make periodic reviews, at least annually, of all CIP projects and other city construction projects. This review shall occur during the CIP planning process and annual operating budget process, for the purposes of making recommendations to the City Council regarding appropriations for works of art and art projects. 3. A Public Art Fund shall be established by the city for the purposes of administering the Program. The funds contained in said account shall be used for the selection, acquisition, installation, and substantive structural repair and maintenance of art and art projects commissioned and/or purchased through the Program. These Public Art Funds shall be maintained in accord with accepted governmental accounting procedures. All appropriations to and allocations from the Public Art Fund shall occur in accord with any legal restrictions associated with the source of funds. 4. The City Council shall authorize all disbursements from the Public Art Fund. B. Improvement Districts — The city, at its discretion or by representation from others, may petition to create improvement districts as authorized under Section 372 of the Local Government Code for purposes which may include the provision of public art. The hearings, assessments, service plans, and disbursements of any improvement district shall comply with the provisions of Section 372. C. Grants — The city shall actively pursue any state grant monies for public art for which it may be eligible and shall deposit said monies into the Public Art Fund for disbursement. D. Donations or Gifts — The city shall accept donations and gifts of money for deposit in the Public Art Fund. V. Public Art Advisory Committee (PAAC) A. Creation and Composition — The City Council shall have the authority to create a Public Art Advisory Committee that is composed of seven (7) individuals. B. Purpose- The purpose of the Public Art Advisory Committee is to act as an advisory committee to provide input and advice to the city concerning all matters pertaining to public art including the incorporation of art into the design of O A— 1 selected City projects and the commissioning of art pieces for public spaces and facilities. C. Terms—M embers shall be appointed, by the City Council, for two (2) year terms, provided three (3) members shall be appointed each odd-numbered year, and four (4) members shall be appointed each even-numbered year. Members shall serve until their successors are appointed, without compensation. D. Members — Membership shall consist of two (2) members serving on the City Council, two (2) members representing the artistic community of Southlake or an arts-related field, two (2) members being general citizens, and one (1) member of the Northaast Tarrant Arts Council. E. Ex-Officio Members — Non-voting advisors to the Public Art Advisory Committee may include, but is not limited to the design architect and/or engineer, or the city's project manager. VI. Responsibilities A. The Public Art Advisory Committee shall: 1. Develop, promote, and preserve aesthetic excellence in public spaces. 2. Make recommendations to the City on design, execution, placement, and maintenance of art and/or art projects 3. Make recommendations to the Department of Community Services on appropriate method(s) of artist selection, commissioning, placement, an execution of artworks related to the design of each appropriate project. 4. Make recommendations to the City Council on policy and procedures for the Public Art Program. 5. Review the Artists Registry, artists' applications and make final recommendations to the Department of Community Services on the artist(s) applying for the specific projects. 6. Review and select artists, taking into consideration the goals of the Public Art Program and the established general criteria. B. Department of Community Services Responsibilities 1. Maintain an inventory of publicly accessible spaces which are potential sites for placing artworks and/or incorporating art into the design of the projects. lA-- 10 DRAFT '121"1/00) --- FOR REVIEW PURPOSES ate'. 2. Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services. 3. Develop and implement artwork projects at the specific sites, as designated by City Council. 4. Inform the Public Art Advisory Committee and/or City Council of any departmental activity related to the development and implementation of artwork and artist services. 5. Inform the Public Art Advisory Committee and/or City Council of planning for targeted improvement areas, which could potentially incorporate an art project. 6. Maintain all public works and art places as the responsibility and property of the City. 7. Act as a liaison between the Public Art Advisory Committee, City Departments, artists and the public. E. The Artist(s) shall: 1. Submit credentials, visuals, proposals and/or project materials as directed for consideration by the Public Art Advisory Committee. 2. Guarantee that the artwork or art concept is the result of the artist's personal creative efforts except in the case of design collaboration. 2. Insure that the art is unique and original and does not infringe upon any copyright. The artist must agree to hold the city harmless against any claims of copyright infringement. 4. Guarantee that the art or a duplicate has not been accepted for sale elsewhere and that the art is free and clear of any liens. 5. Conduct necessary research, including attending project orientations and touring project sites, when possible. 6. Design, execute, complete and transfer title of the artwork in a timely and professional manner. 7. Work closely with the project manager and/or other design professionals associated with the project. L A-- l l DRAFT (121'VOO)l -- H"R RE VILEIvIV PURPOSE-S ONLY 8. Submit to the Department of Community Services and the Public Art Advisory Committee any significant changes in the scope of the project, color, material, or design of the approved artwork. 9. Make public presentations, conduct community education workshops or a residency, as required by the contract with the City of Southlake. 10. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing processes used in fabricating the artwork, and the descriptions and drawings of installations, specifications and details of connecting methods. VII. General Criteria for Public Art Project Development A. Aesthetic Excellence — The art projects shall strive to be of the highest aesthetic and enduring value. B. Site Specific — The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. C. Durability of Design and Materials — Art projects shall be designed with consideration of minimum maintenance requirements and maximum resistance to vandalism. VIII. Selection of Artists A. General—Whenever possible, the selection process should begin at the conceptual stage of the project so the artist(s) will be able to integrate art concepts and artworks with the design of the specific projects and or sites. Early participation also allows for dialogue between the artist(s) and architect or designer to discuss the design processes and the inclusion of specifications for the artworks site preparation that are subject to zoning, design, and construction codes. The selection of artists or artworks must meet the following criteria: 1. The design capabilities of the artist(s) and the inherent quality of the artworks. 2. All media forms of visual arts may be considered, subject to any requirements set by the City Council, Public Art Advisory Committee or the Department of Community Services. 3. Artworks of all schools, styles, and tastes should be considered for the Public Art Program. DRAFT 41'421 1100 — F0 R, r EV1E':If] PURP0SES 0N!_�, 4. Artworks should be appropriate in scale, materials, form and content for the immediate, general, social and physical environments which they are related. 5. Consideration should be given to the artist's previously demonstrated ability to create works of structural and surface integrity, permanence and protection against theft, vandalism, weathering, excessive maintenance and repair costs. 7. Consideration should be given to the fact that public art is a genre that is created in a public context and that must be judged by standards that embrace factors other than the aesthetic, including public participation, social and political attitudes, and functional considerations. Public art may also serve to establish focal points, terminate areas, modify, enhance or define specific spaces, establish identity, or address specific issues of urban design. 8. The artist selection process shall ensure that the interests of all concerned parties are represented, including the public, art community and the City Departments. B. Methods of Selecting Artists. The City Council, with the recommendation of the Public Art Advisory Committee, shall determine the appropriate method of artist selection. 1. Design Team Selection—The design team for a project may directly select an artist following the criteria set forth by the Public Art Advisory Committee and the Department of Community Services. Final approval of the selected artist(s) must be given by the Public Art Advisory Committee. This method of selection is appropriate for those City projects which have been selected to have an art-enhanced design component. 2. Limited Competition — The Public Art Advisory Committee may invite a limited number of artists to submit credentials or proposals. 3. Open Competition — Any artist may submit credentials or proposals, subject to any requirements established by the Public Art Advisory Committee or the Department of Community Services. Calls for entries for open competitions shall be sufficiently detailed to permit artist to determine whether their work is appropriate to the project under consideration. 4. Direct Selection—The Public Art Advisory Committee may directly select an artist or artists. Generally, direct selection will not be employed except on those projects where an open or limited competition would be ! 1 �_- 13 DRAFT (12;'3;100i) -- FOR PURPOSEES ONLY inappropriate or impractical, such as a very urgent project timeline or very specific project requirements. C. Limited Competition Selection Process. 1. The City Manager or his/her designee shall recommend the scope of work, project criteria, budget, and develop a community profile, for review and approval of the Public Art Advisory Committee and City Council. 2. The Public Art Advisory Committee shall review the Artist Registry or other appropriate sources and select a predetermined number of finalists to be interviewed. Depending on the scope of work and timeline of the project, the selected finalists may be requested to submit their qualifications or a project proposal to the Panel. If the finalists are to submit a project proposal, finalists shall be presented with information pertaining to the selection process and the project, including a site and community profile. The project architect may set a meeting with the finalists to discuss the site and/or project. 3. The Public Art Advisory Committee shall interview the finalists and review the artists' qualifications or proposals. Qualifications may include a resume and samples of artist's past work. Proposals may include models, drawings, and a written statement. The Public Art Advisory Committee shall make its final recommendation to City Council. 4. Prior to consideration by City Council, but upon selection of finalist, the city shall request a formal proposal from the final artist(s) selected, specifying the time frame for proposal development, payment schedule, ownership and copyrights. All materials related to the proposal including model, drawings, etc will be property of the artist, but the city shall have the right to exhibit and use them for educational and promotional purposes. C. Open Competition Process — A project announcement shall be prepared and distributed to all artists in the Artist Registry as well as other venues. The Public Art Advisory Committee shall review all the applications and select a predetermined number of finalists. The limited competition process would then follow. E. Direct Commission Process — In special circumstances, the Public Art Advisory Committee may decide, by unanimous decision, on commissioning one artist to work on a project. F. Final Recommendations — The Public Art Advisory Committee has the responsibility of recommending an artist's proposal or artwork for a project to the City Council for final approval. [)RAFT (12/1/City) -- FOR REZ- jIEV PURPOSES ONL.'-` IX. Donations and Loans of Artwork Decisions of acceptance concerning donations or loans of artwork will be made by the City Council upon a recommendation of the Public Art Advisory Committee. Each instance will be reviewed separately with the City Council making the final decision. Exceptions to this review process are: A. Exhibitions or Loans of Sixty (60) Days or Less — Any artwork or exhibition of artworks to be displayed on city property for sixty (60) days or less will not be subject to the above outlined review process. Review and approval will be the responsibility of the department or agency with jurisdiction over the space involved. (See Temporary Exhibitions in City-Managed Buildings). B. Gifts of State — Gifts of State presented to the city by foreign governments (municipal, state, or national) may be accepted by the Mayor or the City Manager on behalf of the city. Appropriate placement shall be determined by the City Council upon a recommendation of the Public Art Advisory Committee. Appropriate recognition and publicity shall be the responsibility of the Public Information Officer. Provision for maintenance must be resolved when the gift is accepted. C. The City shall control the content and arrangement of all temporary exhibitions, and reserves the right to reject any part of an exhibition or to change the manner of display if the items to be exhibited are contrary to the city's standards of value and aesthetic quality. D. Book lists, posters, signs, brochures, publicity, and all materials relative to any exhibit shall be subject to review and approval by the city. E. An Exhibit Agreement shall be executed outlining the responsibilities of the exhibitor and the city. The city assumes no liability for the exhibition or loan other than specifically outlined in this agreement. G. Sale of works exhibited—The city shall in no way act as agent in connection with the sale of exhibited works not owned by the city. 1. Purchase prices shall not be posted, nor shall they be listed in exhibit brochures. 2. Inquires regarding purchase prices shall be referred to the exhibitor or his/her agent. 3. Transactions for the purchases of exhibited items shall be directly between the purchaser and the exhibitor or his/her agent. Such transactions shall �„ not be conducted on or in the exhibit site. DRAFT 0/2 M-l.., — F � ', IE- "! rJLJRP:s.}SES ONL Y ,,, 4. The city shall receive no fees, commissions or other regard from purchase of items from exhibits. 5. The city employees shall be treated as any other citizens with regard to purchase of exhibited items. 6. No exhibited item sold during the period of the exhibition may be removed before the end of the exhibition unless such removal and any necessary rearrangement is approved by the city. 7. The city may from time to time make exceptions to these policies in areas especially designated for the sale of artworks, or in the context of special events. 8. Termination of Exhibit—If the city does not receive notification regarding where an exhibit should be shipped (if a traveling exhibition), or if the exhibit is not claimed and removed within fifteen (15) days after the closing date, there shall be a charge to the exhibitor or owner of the item(s) exhibited, of a reasonable daily storage fee. This fee shall begin on the sixteenth (161h) day following the close of the exhibit. If the items are not claimed within three (3) months following the closing date of the exhibit, the city may dispose of the items as it sees fit. Reasonable requests for extensions of exhibit time will be considered. 9. Responsibility of City— The city shall exercise the same care with respect to the loaned work as it does in the safekeeping of comparable property of its own. X. Deaccessioning of Artwork The City Council may consider, with the recommendation of the Public Art Advisory Committee, any of the following courses of action to deaccesion city-owned artworks: A. Relocate artwork. B. Sell or trade artwork (secure professional appraisal and advertise sale; seek competitive bids; dispose of work via surplus property procedures). C. Remove work from display and store. D. If no other alternative is evident, remove and permanently dispose of artwork.. Disposal could include return to the artist, or donation to charity or other local government entity. E. Artists whose work is under consideration for deaccessioning shall be notified by reasonable means, to include written notification by registered mail, and shall have the right of first refusal to purchase the artwork(s). F. Proceeds from sale of artworks: 1. The city shall retain all proceeds from the sale of artworks except when the city is obligated by contract to share such proceeds with the artist. No such agreement shall provide for payment to the artist in excess of 15% of the appreciated value. 2. All other proceeds shall be deposited to the Public Art Fund for acquisition of other artworks for the city. XI. Contracts, Fabrication, Installation, Maintenance of Artworks, and Artists Registry A. Contracts will be negotiated between the Department of Community Services, the City Attorney, the artists, and with other consultants, if necessary. The artist must prepare a budget that includes costs for fabrications, materials, labor, transportation, site preparation and installation, insurance, artist fee and a contingency fund. Contracts will require the artist to develop a Maintenance Plan for the artwork, which must be submitted to the Department of Community Services before final acceptance of the artwork is issued by the city. Contracts will be executed by the City Manager, or designee, and administered by the Department of Community Services. B. Fabrication of the artwork will be by the artist or under the artist's direct supervision. C. Installations shall be coordinated between the Department of Community Services through the Public Art Program and the appropriate representatives of each Department having jurisdiction over the site and/or construction. Whenever possible, the installation of artworks will become part of the final project's construction contract, and will be executed by the contractor under the artist's supervision. D. All routine maintenance and repairs of permanent artworks, including cleaning shall be the responsibility of the City Department housing the artwork. When applicable, artwork that requires any maintenance shall follow the specific instructions and specifications listed under artist's Maintenance Plan. E. The Department of Community Services shall document the selection process and critical stages of specific projects such as fabrication and installation. All records relating to all projects such as contracts, correspondence, memoranda, proposals, models, and billings will be kept by the Department of Community Services. 11 A-- I"? DRAFT (12MOO) -- FOR RED;IEVvI PURPOSES ONLY F. The Department of Community Services will administer an Artists Registry accessible to all local, regional, national and international artists interested in applying. This will ensure that the largest number of artists will be accessible to all public art projects. The Artists Registry will be used as a resource by the Public Art Advisory Committee and City Council for commissioning artists and art works. The Department of Community Services will periodically post notice of registry application and will use other art organizations' mailing lists to maximize artist participation. DRAFT e 0f- R Ris r V 1 PURPOSES t ! Y Appendix B Excerpt from Section 372, Local Government Code CHAPTER 372. IMPROVEMENT DISTRICTS IN MUNICIPALITIES SUBCHAPTER A.PUBLIC IMPROVEMENT DISTRICTS §372.001.Short Title This subchapter may be cited as the Public Improvement District Assessment Act. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.0015. Definition In this subchapter, "extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. Added by Acts 1989,71st Leg.,ch. 1, §76(b),eff. Aug. 28, 1989. §372.002. Exercise of Powers Powers granted under this subchapter may be exercised by a municipality in which the governing body of the municipality initiates or receives a petition requesting the establishment of a public improvement district. A petition must comply with the requirements of Section 372.005. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.003.Authorized Improvements (a) If the governing body of a municipality finds that it promotes the interests of the municipality, the governing body may undertake an improvement project that confers a special benefit on a definable part of the municipality or the municipality's extraterritorial jurisdiction. A project may be undertaken in the municipality or the municipality's extraterritorial jurisdiction. (b)A public improvement project may include: (1)landscaping; (2)erection of fountains,distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways,or their rights-of-way; (4)construction or improvement of pedestrian malls; (5)acquisition and installation of pieces of art, (6)acquisition,construction,or improvement of libraries; (7)acquisition, construction,or improvement of off-street parking facilities; (8)acquisition,construction, improvement, or rerouting of mass transportation facilities; (9)acquisition,construction,or improvement of water, wastewater,or drainage facilities or improvements; (10)the establishment or improvement of parks; (11)projects similar to those listed in Subdivisions(1)-(10); (12)acquisition,by purchase or otherwise, of real property in connection with an authorized improvement; (13) special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment,development,recreation,and cultural enhancement;and (14)payment of expenses incurred in the establishment,administration, and operation of the district. (c)A public improvement project may be limited to the provision of the services described by Subsection(b)(13). Acts 1987, 70th Leg.,ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(c), eff. Aug. 28, 1989. §372.004. Combined Improvements An improvement project may consist of an improvement on more than one street or of more than one type of improvement. A project described by this section may be included in one proceeding and financed as one improvement project. Acts 1987,70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(d), eff. Aug. 28, 1989. §372.005.Petition (a)A petition for the establishment of a public improvement district must state: (1)the general nature of the proposed improvement; (2)the estimated cost of the improvement; (3)the boundaries of the proposed assessment district; (4) the proposed method of assessment, which may specify included or excluded classes of assessable property; (5) the proposed apportionment of cost between the public improvement district and the municipality as a whole; (6)whether the management of the district is to be by the municipality, the private sector, or a partnership between the municipality and the private sector; (7)that the persons signing the petition request or concur with the establishment of the district;and (8) that an advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality. (b)The petition is sufficient if signed by: (1)owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located;and (2)record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. (c)The petition may be filed with the municipal secretary or other officer performing the functions of the municipal secretary. Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(e), eff. Aug. 28, 1989. kbW §372.006. Findings If a petition that complies with this subchapter is filed, the governing body of the municipality may make findings by resolution as to the advisability of the proposed improvement, its estimated cost, the method of assessment, and the apportionment of cost between the proposed improvement district and the municipality as a whole. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.007. Feasibility Report (a) Before holding the hearing required by Section 372.009, the governing body of the municipality may use the services of municipal employees or may employ consultants to prepare a report to determine whether an improvement should be made as proposed by petition or otherwise or whether the improvement should be made in combination with other improvements authorized under this subchapter. The governing body may also require that a preliminary estimate of the cost of the improvement or combination of improvements be made. (b) For the purpose of determining the feasibility and desirability of an improvement district, the governing body may take other preliminary steps before the hearing required by Section 372.009, before establishing a public improvement district,or before entering into a contract. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.008.Advisory Body (a) After receiving a petition that complies with Section 372.005, the governing body of the municipality may appoint an advisory body with the responsibility of developing and recommending an improvement plan to the governing body. (b)The composition of the advisory body must include: (1)owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2)record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or 0A--;)LZ DRAFT ("12,1i00) -- FOR REVIEW PURPOSES ONLY (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. §372.009.Hearing (a) A public improvement district may be established and improvements provided by the district may be financed under this subchapter only after the governing body of the municipality holds a public hearing on the advisability of the improvement. (b)The hearing may be adjourned from time to time until the governing body makes findings by resolution as to: (1)the advisability of the improvement; (2)the nature of the improvement; (3)the estimated cost of the improvement; (4)the boundaries of the public improvement district; (5)the method of assessment;and (6)the apportionment of costs between the district and the municipality as a whole. (c)Notice of the hearing must be given in a newspaper of general circulation in the municipality. If any part of the improvement district is to be located in the municipality's extraterritorial jurisdiction or if any part of the improvements is to be undertaken in the municipality's extraterritorial jurisdiction,the notice must also be given in a newspaper of general circulation in the part of the extraterritorial jurisdiction in which the district is to be located or in which the improvements are to be undertaken. The final publication of notice must be made before the 15th day before the date of the hearing. The notice must state: (1)the time and place of the hearing; (2)the general nature of the proposed improvement; (3)the estimated cost of the improvement; (4)the boundaries of the proposed assessment district; (5)the proposed method of assessment;and (6)the proposed apportionment of cost between the improvement district and the municipality as a whole. (d) Written notice containing the information required by Subsection (c) must be mailed before the 15th day before the date of the hearing. The notice must be addressed to "Property Owner" and mailed to the current address of the owner,as reflected on tax rolls, of property subject to assessment under the proposed public improvement district. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(f), eff. Aug. 28, 1989. §372.010.Improvement Order (a) During the six-month period after the date of the final adjournment of the hearing under Section 372.009, the governing body of the municipality may authorize an improvement district if,by majority vote of all members of the governing body, the members adopt a resolution authorizing the district in accordance with its finding as to the advisability of the improvement. (b) An authorization takes effect when it has been published one time in a newspaper of general circulation in the municipality. If any part of the improvement district is located in the municipality's extraterritorial jurisdiction or if any part of the improvements is to be undertaken in the municipality's extraterritorial jurisdiction, the authorization does not take effect until the notice is also given one time in a newspaper of general circulation in the part of the extraterritorial jurisdiction in which the district is located or in which the improvements are to be undertaken. (c) Actual construction of an improvement may not begin until after the 20th day after the date the authorization takes effect and may not begin if during that 20—day period written protests signed by at least two-thirds of the owners of record of property within the improvement district or by the owners of record of property comprising at least two-thirds of the total area of the district are filed with the municipal secretary or other officer performing the duties of the municipal secretary. A person whose name appears on a protest may withdraw the name from the protest at any time before the governing body of the municipality convenes to determine the sufficiency of the protest. Acts 1987, 70th Leg.,ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(g), eff.Aug. 28, 1989. §372.011. Dissolution A public hearing may be called and held in the same manner as a hearing under Section 372.009 for the purpose of dissolving a district if a petition requesting dissolution is filed and the petition contains the signatures of at least 11A-- �1 DRAFT (12/1/00) - FOR RE',/iBAJ PURPOSES ONLY enough property owners in the district to make a petition sufficient under Section 372.005(b). If the district is dissolved, the district nonetheless shall remain in effect for the purpose of meeting obligations of indebtedness for improvements. Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. §372.012.Area of District The area of a public improvement district to be assessed according to the findings of the governing body of the municipality may be less than the area described in the proposed boundaries stated by the notice under Section 372.009. The area to be assessed may not include property not described by the notice as being within the proposed boundaries of the district unless a hearing is held to include the property and notice for the hearing is given in the same manner as notice under Section 372.009. Acts 1987, 70th Leg.,ch. 149, § 1, eff. Sept. 1, 1987. §372.013.Service Plan (a) The advisory body shall prepare an ongoing service plan and present the plan to the governing body of the municipality for review and approval. The governing body may assign responsibility for the plan to another entity in the absence of an advisory body. (b) The plan must cover a period of at least five years and must also define the annual indebtedness and the projected costs for improvements. The plan shall be reviewed and updated annually for the purpose of determining the annual budget for improvements. Acts 1987,70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.014.Assessment Plan; Payment by Exempt Jurisdictions (a) An assessment plan must provide that at least 10 percent of the cost of an improvement be paid by special assessments against property in the improvement district. The assessment plan must be included in the annual service plan. (b) The municipality is responsible for payment of assessments against exempt municipal property in the district. (W Payment of assessments by other exempt jurisdictions must be established by contract. An assessment paid by the municipality under this subsection is considered to have been paid by special assessment for the purposes of Subsection(a). Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(h), eff. Aug. 28, 1989. §372.015.Determination of Assessment (a) The governing body of the municipality shall apportion the cost of an improvement to be assessed against property in an improvement district. The apportionment shall be made on the basis of special benefits accruing to the property because of the improvement. (b)Cost of an improvement may be assessed: (1)equally per front foot or square foot; (2) according to the value of the property as determined by the governing body, with or without regard to improvements on the property;or (3)in any other manner that results in imposing equal shares of the cost on property similarly benefitted. (c)The governing body may establish by ordinance: (1)reasonable classifications and formulas for the apportionment of the cost between the municipality and the area to be assessed;and (2)the methods of assessing the special benefits for various classes of improvements. (d)The amount of assessment for each property owner may be adjusted following the annual review of the service plan. Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. §372.016. Assessment Roll (a) After the total cost of an improvement is determined, the governing body of the municipality shall prepare a proposed assessment roll.The roll must state the assessment against each parcel of land in the district, as determined by the method of assessment chosen by the municipality under this subchapter. (b) The governing body shall file the proposed assessment roll with the municipal secretary or other officer performing the functions of the municipal secretary. The proposed assessment roll is subject to public inspection. The governing body shall require the municipal secretary or other officer to publish notice of the governing body's intention to consider the proposed assessments at a public hearing. The notice must be published in a newspaper of general circulation in the municipality before the loth day before the date of the hearing. If any part of the improvement district is located in the municipality's extraterritorial jurisdiction or if any part of the improvements is to be undertaken in the municipality's extraterritorial jurisdiction,the notice must also be published, before the IOth day before the date of the hearing, in a newspaper of general circulation in the part of the extraterritorial jurisdiction in which the district is located or in which the improvements are to be undertaken. The notice must state: (1)the date,time,and place of the hearing; (2)the general nature of the improvement; (3)the cost of the improvement; (4)the boundaries of the assessment district;and (5)that written or oral objections will be considered at the hearing. (c) When the assessment roll is filed under Subsection (b), the municipal secretary or other officer shall mail to the owners of property liable for assessment a notice of the hearing. The notice must contain the information required by Subsection (b) and the secretary or other officer shall mail the notice to the last known address of the property owner. The failure of a property owner to receive notice does not invalidate the proceeding. Acts 1987, 70th Leg.,ch. 149, § 1, eff. Septa 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(i), eff. Aug. 28, 1989. §372.017.Levy of Assessment (a)At or on the adjournment of the hearing referred to by Section 372.016 on proposed assessments, the governing body of the municipality must hear and pass on any objection to a proposed assessment. The governing body may amend a proposed assessment on any parcel. (b)After all objections have been heard and the governing body has passed on the objections,the governing body by ordinance shall levy the assessment as a special assessment on the property. The governing body by ordinance shall specify the method of payment of the assessment. The governing body may provide that assessments be paid in periodic installments. The installments must be in amounts necessary to meet annual costs for improvements and must continue for a period necessary to retire the indebtedness on the improvements. Acts 1987, 70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. §372.018. Interest on Assessment; Lien (a)An assessment bears interest at the rate specified by the governing body of the municipality, but may not exceed a rate that is one-half of one percent higher than the actual interest rate paid on the public debt used to finance the improvement. Interest on the assessment between the effective date of the ordinance levying the assessment and the date the first installment is payable shall be added to the first installment. The interest on any delinquent installment shall be added to each subsequent installment until all delinquent installments are paid. (b) An assessment or reassessment, with interest, the expense of collection, and reasonable attorney's fees, if incurred, is a first and prior lien against the property assessed, superior to all other liens and claims except liens or claims for state, county, school district, or municipality ad valorem taxes, and is a personal liability of and charge against the owners of the property regardless of whether the owners are named. The lien is effective from the date of the ordinance levying the assessment until the assessment is paid and may be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body. The owner of assessed property may pay at any time the entire assessment, with interest that has accrued on the assessment, on any lot or parcel. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.Amended by Acts 1989, 71st Leg., ch. 1, § 760), eff. Aug. 28, 1989. §372.019.Supplemental Assessments After notice and a hearing, the governing body of the municipality may make supplemental assessments to correct omissions or mistakes in the assessment relating to the total cost of the improvement. Notice must be given and the hearing held under this section in the same manner as required by Sections 372.016 and 372.017. Acts 1987,70th Leg., ch. 149, § 1,eff. Sept. 1, 1987. §372.020.Reassessment The governing body of the municipality may make a reassessment or new assessment of a parcel of land if: (1)a court of competent jurisdiction sets aside an assessment against the parcel; r 1A-- 2--3 DRAFT (12/1/00) - FOR REV Ii-Vv PURPOSES OINI '-�' (2)the governing body determines that the original assessment is excessive;or (3)on the written advice of counsel,the governing body determines that the original assessment is invalid. Acts 1987,70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. §372.021. Special Improvement District Fund (a) A municipality that intends to create a public improvement district may by ordinance establish a special improvement district fund in the municipal treasury. (b)The municipality annually may levy a tax to support the fund. (c)The fund may be used to: (1)pay the costs of planning,administration,and an improvement authorized by this subchapter; (2) prepare preliminary plans, studies, and engineering reports to determine the feasibility of an improvement; and (3) if ordered by the governing body of the municipality, pay the initial cost of the improvement until temporary notes,time warrants, or improvement bonds have been issued and sold. (d) The fund is not required to be budgeted for expenditure during any year, but the amount of the fund must be stated in the municipality's annual budget. The amount of the fund must be based on an annual service plan that describes the public improvements for the fiscal year. (e) A grant-in-aid or contribution made to the municipality for the planning and preparation of plans for an improvement authorized under this subchapter may be credited to the special improvement district fund. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.022. Separate Funds A separate public improvement district fund shall be created in the municipal treasury for each district. Proceeds from the sale of bonds, temporary notes, and time warrants, and other sums appropriated to the fund by the governing body of the municipality shall be credited to the fund. The fund may be used solely to pay costs incurred in making an improvement. When an improvement is completed,the balance of the part of the assessment that is for improvements shall be transferred to the fund established for the retirement of bonds. (W Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.023.Payment of Costs (a)The cost of an improvement made under this subchapter must be paid in accordance with this section. (b)A cost payable by the municipality as a whole may be paid from general funds available for the purpose or other available general funds. (c)A cost payable from a special assessment that has been paid in full shall be paid from that assessment. (d)A cost payable from a special assessment that is to be paid in installments and a cost payable by the municipality as a whole but not payable from available general funds or other available general improvement funds shall be paid by the issuance and sale of revenue or general obligation bonds. (e) While an improvement is in progress,the governing body of the municipality may issue temporary notes or time warrants to pay for the costs of the improvement and, on completion of the improvement, issue revenue or general obligation bonds. (f) The cost of more than one improvement may be paid from a single issue and sale of bonds without other consolidation proceedings before the bond issue. (g) The costs of any improvement include all costs incurred in connection with the issuance of bonds under Section 372.024 and may be included in the assessments against the property in the improvement district as provided by this subchapter. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 76(k), eff. Aug. 28, 1989. §372.024. General Obligation and Revenue Bonds General obligation bonds issued to pay costs under Section 372.023(d) must be issued under the provisions of Chapter 1, Title 22, Revised Statutes. Revenue bonds issued to pay costs under that subsection may be issued from time to time in one or more series and are to be payable from and secured by liens on all or part of the revenue derived from improvements authorized under this subchapter, including revenue derived from installment payments of special assessments. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. DRAFT 21 0) -- FOR PREVIEW PURPOSL S ONLY §372.025.Terms and Conditions of Bonds (a)Revenue bonds may be issued to mature serially or in any other manner but must mature not later than 40 years after their date. A provision may be made for the subsequent issuance of additional parity bonds or subordinate lien bonds under terms and conditions specified in the ordinance authorizing the issuance of the bonds. (b)The bonds shall be executed and the bonds and interest coupons appertaining to them are negotiable instruments within the meaning and for all purposes of the Uniform Commercial Code (Section 1.101 et seq., Business & Commerce Code). The ordinance authorizing the issuance of the bonds must specify: (1)whether the bonds are issued registrable as to principal alone or as to both principal and interest; (2)whether the bonds are redeemable before maturity; (3)the form,denomination,and manner of issuance; (4) the terms, conditions, and other details applying to the bonds including the price, terms, and interest rates on the bonds;and (5)the manner of sale of the bonds. (c)The ordinance authorizing the issuance of the bonds may specify that the proceeds from the sale of the bonds: (1) be used to pay interest on the bonds during and after the period of acquisition or construction of an improvement financed through the sale of the bonds; (2) be used for creating a reserve fund for payment of the principal of and interest on the bonds and for creating other funds;and (3)may be placed in time deposit or invested,until needed. Acts 1987,70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.026.Pledges (a) For the payment of bonds issued under this subchapter and the payment of principal, interest, and any other amounts required or permitted in connection with the bonds, the governing body of the municipality may pledge all or part of the income from improvements financed under this subchapter, including income received in installment payments under Section 372.023. (b) Pledged income must be fixed and collected in amounts sufficient, with other pledged resources, to pay principal, interest, and other expenses related to the bonds, and to the extent required by the ordinance authorizing the bonds, to pay for the operation, maintenance, and other expenses related to improvements authorized by this subchapter. (c) The bonds may also be secured by mortgages or deeds of trust on any real property related to the facilities authorized under this subchapter that are owned or are to be acquired by the municipality and by chattel mortgages, liens, or security interests on any personal property appurtenant to that real property. The governing body may authorize the execution of trust indentures, mortgages, deeds of trust, or other forms of encumbrances as evidence of the indebtedness. (d) The governing body may pledge to the payment of bonds all or part of a grant, donation, revenue, or income received or to be received from the government of the United States or any other public or private source,whether or not it is received pursuant to an agreement or otherwise. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.027.Refunding Bonds (a)Revenue bonds issued under this subchapter may be refunded or refinanced by the issuance of refunding bonds, under terms or conditions set forth in ordinances of the municipality issuing the bonds. The provisions of this subchapter applying generally to revenue bonds, including provisions related to the issuance of those bonds, apply to refunding bonds authorized by this section. The refunding bonds may be sold and delivered in amounts necessary for the principal, interest, and any redemption premium of the bonds to be refunded, on the date of the maturity of the bond or any redemption date of the bond. (b) Refunding bonds may be issued for exchange with the bonds they are refunding. The comptroller of public accounts shall register refunding bonds described by this subsection and deliver the bonds to holders of bonds being refunded in accordance with the ordinance authorizing the issuance of refunding bonds. The exchange may be made in one delivery or several installment deliveries. (c)General obligation bonds issued under this subchapter may be refunded in the manner provided by law. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. SA-- Z� s §372.028.Approval and Registration (a) Revenue bonds issued under this subchapter and a record of the proceedings authorizing their issuance must be submitted to the attorney general for examination. If bonds state that they are secured by a pledge of revenue or rentals from a contract or lease, a copy of the contract or lease and a description of the proceedings authorizing the contract or lease must also be submitted to the attorney general. (b)If the attorney general determines that the bonds were authorized and the contracts or leases related to the bonds were made in accordance with the law,the attorney general shall approve the bonds and the contract or lease. On the approval of the attorney general,the comptroller of public accounts shall register the bonds. (c)Bonds and contracts or leases approved and registered under this section are valid and binding obligations for all purposes in accordance with their terms and are incontestable in any court or other forum. (d)General obligation bonds issued under this subchapter shall be approved and registered as provided by law. Acts 1987,70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.029.Authorized Investments; Security (a)Bonds issued under this subchapter are legal and authorized investments for: (1)banks,trust companies, and savings and loan associations; (2)all insurance companies; (3)fiduciaries,trustees,and guardians;and (4) interest funds, sinking funds, and other public funds of the state or of an agency, subdivision, or instrumentality of the state, including a county, municipality, school district, or other district, public agency, or body politic. (b) Bonds issued under this subchapter may be security for deposits of public funds of the state or of an agency, subdivision, or instrumentality of the state, including a county, municipality, school district, or other district, public agency, or body politic, to the extent of the market value of the bonds, if accompanied by any appurtenant unmatured interest coupons. Acts 1987, 70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. §372.030.Subchapter Not Exclusive This subchapter is an alternative to other methods by which a municipality may finance public improvements by assessing property owners. Acts 1987,70th Leg.,ch. 149, § 1, eff. Sept. 1, 1987. SUBCHAPTER B. IMPROVEMENT DISTRICTS IN HOME—RULE MUNICIPALITIES §372.041.Authority of Home-Rule Municipality (a)A home-rule municipality may create improvement districts for the purposes of: (1) levying, straightening, widening, enclosing, or otherwise improving a river, creek, bayou, stream, other body of water, street,or alley; (2) draining, grading, filling, and otherwise protecting and improving the territory within the municipality's limits;and (3)issuing bonds to finance improvements listed in this subsection. (b) If a home-rule municipality creates an improvement district in order to make improvements authorized by this subsection, the municipality must comply with the general law of the state relating to the creation of improvement districts. Bonds issued for improvements under this section must be issued in a manner that complies with the general authority of a home-rule municipality to issue bonds. (c) A home-rule municipality may require the owners of property in the territory specially benefitted in enhanced value by improvements made under this section to pay the costs of the improvement. If a municipality finances an improvement under this subsection,the municipality shall make a personal charge against those property owners and fix a lien against that property by special assessment. The municipality may issue assignable or negotiable certificates to pay for the costs of improvements and require the property owners to make deferred payments to retire the certificates. Interest on deferred payments may not exceed eight percent. The municipality may appoint special commissioners or provide otherwise for the making and levying of special assessments under this subsection, or may provide that the making and levying of the assessment be performed by the governing body of the municipality, in compliance with requirements for hearings and other procedures as may be adopted under or required by the municipal charter. Acts 1987,70th Leg.,ch. 149, § 1,eff. Sept. 1, 1987. DRAFT (12;i/00) -- FOR REVIEVI PURPOSES ONLY Appendix C Public Art Policies Of Other Cities/Agencies Cit of f Grapevine 1. Grapevine has no known written policies/procedures governing the process only customary precedence. 2. Public art is either directly commissioned through the city council or by a council appointed appropriate committee (i.e. a committee of veterans to commission a war memorial). The city council makes all final decisions on the commissioning of the work. 3. The Grapevine Public Art Fund underwrites the commissions. This trust is funded by proceeds from the Annual Grapevine Wine Festival, Wine Festival merchandise, and prints/replications of City artwork. Each year the Wine Festival brings in around $10,000 which is deposited into the fund. 4. Grapevine has used money from the general fund in order to purchase art whenever the Public Art Fund has not had enough money in the fund to cover the purchase. City of Bedford 1. Bedford has no known written policies/procedures on the commissioning of public art. The City has acquired only one major piece, a library statue. 2. The statue was presented to the city as a gift from the Friends of the Library (independent auxiliary). The group worked with city staff to ensure the appropriateness of their gift. 3. The project was independently funded through the Friends of the Library. City of Euless 1. Euless has no known, formal written policies/procedures on the commissioning of public art. 2. The process that the City has used in the past is a cooperative effort between staff (usually Parks) and the City Council. 3. Public artwork is funded by a percentage of the 1/2 cent sales tax, with the exception of the library which is funded through the Library Foundation. 4. Over the past two years $40,000 has been allocated for the purchasing art. These funds have been less than 2% of the 1/2 cent economic development sales tax. Euless has used this money to purchase outdoor bronze statuary. City of San Antonio 1. San Antonio has a formal policy on public art. The City has moved from a more specific policy to one that is more flexible. 2. The policy focuses on provided design enhancements to capital projects. 3. Projects are selected by the City Council as part of the Capital Improvement Plan. 4. The selected projects are then overseen by Community Projects Involving Design enhancement teams which are established by the Council Member who is the representative for the district in which the project is located. 5. The design enhancements are funded through an allocation from the total project � k ft';C? DRAFT (12l1100) -- FOR REVIE V PURPOSES ONLY' budget. City of Addison 1. Addison has no formal, written policy for public art. The City has commissioned one major artwork which is an approximately $2.5 million outdoor sculpture. 2. The City Staff worked with a group of consultants to select the artist with final approval by the City Council. 3. Funding for the project was determined by the City Council as part of the Addison Circle development project. City of Dallas 1. Dallas has a formal policy on public art. The policy's main components are a standing Public Art Committee which is overseen by the City's Cultural Affairs Commission. This committee oversees quality control for the Public Art Program and projects, recommends the nature and scope of projects and artworks, as well as artists for the program, and makes recommendations regarding any issues that arise from a specific artwork or art project. Final approval of all recommendations is made by the City Council. 2. The policy establishes procedures for artist selection, public involvement, deaccessioning, and donations or loans of artwork to the City. 3. Funding for this program is through the Public Art Fund and the Public Art Administration Fund. Appropriations to the funds are made through the capital improvement budgets. Dallas Area Rapid Transit 1. DART has a formal policy on public art. This policy is focused on incorporating public art into the rapid transit stations. 2. The policy uses a standing art advisory committee which advises the DART Art and Design Program staff on issues concerning the establishment and implementation of the program. The policy also establishes site specific committees in order to ensure maximum community participation. 3. Funding for this program comes from a $50,000.00 allocation per station. City of Colleyville 1. Colleyville has no formal policy regarding public art. 2. Currently, the city has one statue, which was funded and donated by a citizen's group and a private business. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.