1990-09-04 CC PacketCity of Southlake, Texas -
M E M O R A N D U M
August 31, 1990
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments
Sept. 9, 1990 City Council Meeting
-------------------------------------------------------------
1. Agenda Item No. 5. Resolution 90-67. Reimbursement
to Arvida. The resolution is in keeping with the
Developers Agreement between the City of Southlake and
Arvida for SouthRidge Phase I. We have no alternative
but to reimburse the developer if we want to convey the
message that we live up to our agreements. Although I
feel confident that some delays in the construction of
the S-4 line occurred that may have been attributable
at least in part to the developer, the agreement does
not provide an alternative. Most of the delays were
weather related.
As a matter of course, the City did benefit
substantially in allowing the developer to sell houses
prior to the completion of the sewer. The 50 some -odd
homes sold would not be a reality if we had waited
until the sewer was completed.
(For your information, Jean told me today that we
received 8 new applications for building permits in
Arvida and Timberlake that will be issued Tuesday.)
The reimbursement amount is offset by the approximately
$31,000 Arvida owes the City for engineering fees which
the City has previously paid.
2. Agenda Item No. 6. Resolution 90-64 amending
Cheatham's contract for S-6 Sewer. Last Council
meeting the change order to the S-6 line providing for
construction of a portion of the N-3 line was
approved. Staff now requests you amend the engineer's
contract to reflect the change order.
Note in the cover memo from Mike Barnes, Public Works
Director, that we have included the cost for
engineering and surveying for the portion of the N-3
line extending from Dove Creek at Carroll (the terminus
of our line) to the high school. We have been informed
that CISD will proceed with bids for their portion. We
will assist them in the preparation of the specs.
The school will reimburse the City for its share of the
engineering/surveying costs.
Honorable Mayor and Members of City Council
Agenda Item Comments
August 31, 1990
Page 2
3. Agenda Item No. 7. Resolution 90-65. Participation
in funding of the litigation involving Tarrant County
Mayors' Council and Fort Worth over water impact/access
fees. This action is a formality in that a lawsuit in
district court is the only avenue of appeal (under
Chapter 395 of the Local Government Code) concerning
impact fees.
Although Fort Worth cannot currently assess the City of
Southlake the access fees under the terms of our
existing contract, if Fort Worth is successful in its
attempt to pass on to customer cities its impact fees,
it will have an adverse impact on our future contract.
4. Agenda Item No. 9. Ordinance No. 521. Creating
Administrative Departments. The City Council in 1987
created the Administrative Departments of
Administration (now General Government), Public Works,
Fire, and Police. Ordinance No. 521 will create the
Administrative Departments of General Government,
Public Works, and Public Safety (Consolidating Fire and
Police). This will be in keeping with the proposed
budget.
5. Agenda Item No. 20. Ordinance No. 480-29. Note that
P&Z recommended approval of a MH zoning north of
Lemke's property and west of Cross Timber Hills.
6. Agenda Item No. 24. Continental Park Estates Sewer.
Note from the Mike Barnes memo that the time is drawing
near to where a decision must be made on the CPE Sewer
Improvement Project. To date, we have received $47,874
in cash contributions (22 @ full contribution rate of
$2,078, plus 2 @ $1,079 promissory note). We have
either through letter from banks or other means another
$43,798 in commitments but not paid. These bring the
total committed to approximately $92,000 of the
estimated $100,000 we said we needed. Many of those
who have not yet paid have said they will pay only
after the City commits to the project.
Other Items of Interest
7. We hope to have a Fire Chief selected for your
consideration by Tuesday night. If so, this will be
considered during agenda item No. 29 following
executive session.
8. We have met with school
concerning the new high
se to a decision.
CE /_k
officials this afternoon
school site. They are very
City of Southlake, Texas
Reserve -Infrastructure
Reserve-Uncanpensated Vac Benefit
Transfers -Operating
Transfers - D/S
Undesignated Fund Balance
Est. Fund Balance
Infrastructure Reserve
Revenue:
Water Sales
Tap Fees
Sewer Fees
Garbage Sales
Ad Valorem Tax
Sales Tax
Franchise Tax
Fines
Charges for Services
Permits and Fees
Miscellaneous
Interest
Operating Transfer In
Park Land Dedication
Expenditures:
Water
City Secretary/Mayor &
City Council
City Manager's Office
Support Services
Finance
Municipal Court
Fire
Police
Public Safety Support
Building
Zoning
Street
Parks
Public Works Admin.
FUND BALANCESUMMARY SCHEDULEFiscal Year 1990-91
2,496,883
370,000
226,313
290,662
56,491
305,586
71,240
37,000
159,446
32,000
$ 269,662
370,000
4,045,621
1,875,982
40,800
40,000
14,500
51,380
6,500
271,183
1,424,643
$ 113,512
2,029,162
EXPENDITURES (3,490,197) (1,695,826)
(425,730)
s (39,864)
(527,950)
201,542 201,434
(5,898)
(159,446)
(80,070)
9/04/90
1
FY91 PROPOSED BUDGET REVISION
City Council Meeting 9/04/90
General Fund: Fran
Change in Beginning Fund Balance:
Sales Tax $ 292,197
Revenue:
To Difference
$ 370,000 $ 77,803
Sales Tax
294,737
00
75,263
Operating Transfer -Support Serv.
158,461
159, 46
985
Change in General Fund Revenue
76,248
Expenditures:
Health Insurance 20% increase
(object code 111.00)
100 City Secretary/Council
2,735
3,282
(547)
103 City Manager's Office
5,064
6,077
(1,013)
106 Finance Office
5,472
6,566
(1,094)
107 Municipal Court
5,475
6,570
(1,095)
131 Fire Services
20,378
24,454
(4,076)
132 Police Services
31,938
38,326
(6,388)
133 Public Safety Services
15,513
18,616
(3,103)
142 Building
7,300
8,760
(1,460)
143 Zoning
3,498
4,198
(700)
144 Streets
14,296
17,155
(2,859)
145 Parks
1,825
2,190
(365)
146 Public Works Administration
2,735
3,282
(547)
(23,247)
Change in Reserve - Infrastructure
$ 130,804
2
FY91 PROPOSED BUDGET REVISION
City Council Meeting 9/04/90
Water Fund:
Fran
Th
Difference
Revenue:
Water Sales to Reflect
Rate Increase
1,653,057
1,875,982
222,925
Impact Fees Mowed to Waterworks
Improvement Fund
200,000
-0-
(200,000)
22,925
Expenses:
Health Insurance 20% increase
147 Water
14,625
17,550
(2,925)
148 Wastewater
1,825
2,190
(365)
(3,290)
Transfers Operating
158,461
159,446
(985)
Change in Results of Operations
$ 18,650
3
MHB
8/31/90
INFRASTRUCTURE RESERVE
Balance $ 370,000
Reconstruction of Highland & Kimball $ (138,000)
CPE - City's Contribution $ ( 92,907)
White Chapel Bridge
($20,000 Operations Budget) $ ( 30,000)
Additional Reserve Contributed
in FY 90-91 $ 55,730
Ending Infrastructure Reserve $ 164,823
4
WATER AND SEWER IMPROVEMENT FUND
Balance
Revenues 1990-91:
Impact Fees (Est.) $ 200,000
Arvida (Reimb.) 31,000
Chapel Downs 129,000
CPE Resident Contribution 32,000
$ 392,000
Expenditures 1990-91:
MHB
8/31/90
$ 321,014
$ 392,000
Remaining Water & Sewer
Impact Fee Study $ 5,000
Water Line Oversizing
(Estimated) 25,000
Arvida Pumping Fees 31,500
CPE Resident Contribution 80,000
$ 141,500 $ (141,500)
Reserve to reduce FY 90-91 Capital Projects $ (200,000)
Projected Ending Balance $ 371,514
5
MHs
8/31/90
Continental Park Estates Sewer Project
Funds Disbursement
Project Cost (excluding street reconstruction) $ 223,907
Anticipated Funds from CPE Residents
$ (80,000)
Money on -hand from Chimney Hills $ (51,000)
Remaining Funds from Infrastructure Reserve $ 92,907
MHB
8/31/90
STREET AND ROAD MAINTENANCE FUND
Balance as of 8/15/90 $ 36,028
CPE Road Construction
$ (25,449)
Ginger Court (Estimated) $ ( 9,580)
Total $ 999
7
- City of Southlake, Texas
MEMORANDUM
August 30, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Pumping Costs - Arvida
In the Developer's Agreement with Arvida Company for
Southridge Lake Phase I, the City agreed to pay for the
pumping costs after March 30, 1989. Attached are those
pumping costs totalling $31,500.
Please place this on the Council's next agenda for
consideration to pay these pumping costs. If you need
additional information, please contact me.
MHB/lc
Mayor.
Gary Fickes
Mayor Pro Tem:
Betty Springer
Councilmembers:
Richard W. Wilhelm
Jerry Farrier
Sally Hall
W. Ralph Evans
City Manager.
Curtis E Hawk
City Secretary.
Sandra L LeGrand
City of Southlake
CITY OF SOUTHLAKE, TEXAS
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF SOUTHLAKE
I, the undersigned, Sandra L. LeGrand, City Secre-
tary of the City of Southlake, Texas, a municipal corpo-
ration, in the performance of the functions of my of-
fice, hereby certify that the attached, page 13 from the
Developers Agreement of SouthRidge
Lakes, Phase I, dated 9/28/89 is a full, true, and
correct copy of the document as the same appears of
record in my office.
WITNESS MY HAND AND SEAL OF OFFICE at my office in
Southlake, Texas, this the 31st day of
AuLyust . 19 90.
A4�� &Agt!�'d
andra L. LeGrand
City Secretary
City of Southlake
667 North Carroll Avenue • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 481-0036
15 A
the off -site sanitary sewer approach main to be
constructed by the Developer under the terms and
conditions of this Agreement. The City of Southlake
has previously advised the Developer that it will
use its best efforts to ensure the availability of
sanitary sewer collection and treatment systems to
support the SouthRidge Community Development on or
before any Certificates of Occupancy are to be
issued for structures to be constructed within this
development. The City has agreed that it will use
every effort to ensure that the Big Bear interceptor
is constructed by the Trinity River Authority as
soon as possible. In the event that the Big Bear
interceptor will not be in place prior to the
completion of construction of infrastructure
contemplated by this Agreement within the SouthRidge
Addition the City of Southlake will make good faith
efforts to enter into an interlocal agreement with
the City of Colleyville to discharge sanitary sewer
waste into the existing Colleyville lines or systems
until such time as connection to the TRA Big Bear
interceptor is possible. In the event that either
of the prior alternatives is not available at the
time that initial Certificates of Occupancy are
requested the City will use it's best efforts to
ensure that a package sewer treatment plant is made
available to handle waste from the Southridge
Community Addition. In the event that none of the
preceding three alternatives is available the City
will use its best efforts to ensure that a specific
plan is prepared and implemented whereby sewage will
be pumped from manholes in the addition until such
time as the TRA Big Bear interceptor is completed.
If such pumpage is required then Developer agrees
to erect, at his expense, a sewage holding tank with
enough capacity to accommodate sewage from all the
structures requiring Certificates of Occupancy.
Such erection and pumpage shall be in accordance
with all rules and regulations required by the Texas
Water Commission. Developer agrees to pump and
transport, at his expense, the sewage from the
holding tank through March 30, 1990. The City
actrees to pay for all treatment of the sewage pumped
and transported by the Developer during this period.
The City agrees to pay for all pumping,
transportation and treatment of sewage after March
30, 1990 until a permanent sewage system is in
place. This final alternative is contingent upon
approval of such storage and pumping by the Texas
- 13 -
S= 3
City of Southlake, Texas
RESOLUTION NO.90-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, AUTHORIZING PAYMENT TO
ARVIDA FOR REIMBURSEMENT OF SEWAGE PUMPING
CHARGES IN ACCORDANCE WITH PHASE I SOUTHRIDGE
COMMUNITY DEVELOPERS AGREEMENT.
WHEREAS, the City of Southlake entered into agreement
with the developers of the SouthRidge Community Development,
Arivda Co., to pay for all pumping of sewage until March 30,
1990, until the permanent sewage system was complete; and,
WHEREAS, the pumping charge incurred by Arvida from
April 1, 1990 to August 17, 1990, when the system was completed,
amounts to $31,500; and,
WHEREAS, the invoices have been submitted to and
received by the City and have been estimated to be accurate; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. The above premises are hereby found to be true and
correct and are incorporated into the body of this resolution as
if copied in its entirety.
Section 2. That the City Manager is hereby authorized to submit
payment in the amount of $31,500 to Arvida for reimbursement of
sewage pumping fees.
Section 3. This resolution is hereby approved upon passage by
the City Council.
PASSED AND APPROVED this the day of
ATTEST:
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
:y
-3 -lC IGI
M E M O R A N D U M
August 29, 1990
TO: Curtis E. Hawks, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Amend Engineering Contract with Cheatham &
Associates
Attached is the amendment to Cheatham & Associates contract
for the S-6 sewer project. This amendment is for the
additional N-3 sewer line that the council approved by
change order to the S-6 sewer project on August 21, 1990.
Reference is made to page 3 of the amendment which details
the costs involved. The total cost of the amendment is
$75,735, which includes the engineering and surveying for
the high school 6" force main and 6" gravity line. The
Trinity River Authority, through the Denton Creek Pressure
System bond sale, has already paid $26,322 of the total
cost, bringing the total amount of the amendment to $49,413.
To recap the status of the revenues versus the expenditures
for the S-6 line, the following is given:
Revenues
S-6 Bond Sale
Resale of DCPS Bonds
Expenditures
Construction of S-6
Sewer Line
(include C.O.#1)
S-6 Engineering Cost
N-3 Engineering Cost
Inspection Cost
$ 838,000
287,000
$1,125,000
$ 928,235
35,000
49,413
15,000
$1,027,648
Remaining Funds
$ 1,125,000
(-) $ 1,027,648
$ 97,352
Therefore, please place this item on the next council agenda
for consideration.
/ iioA
t.
MHB/lc
City of Southlake, Texas
RESOLUTION NO.90-64
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING THE CONTRACT
WITH CHEATHAM AND ASSOCIATES FOR THE
S-6 SANITARY SEWER LINE. AUTHORIZING
THE MAYOR TO EXECUTE THE AMENDED CONTRACT.
PROVIDING AN EFFECTIVE DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
Section 1. That the City Council hereby amends the contract
between the City of Southlake and Cheatham and Associates, for
engineering of the S-6 Sanitary Sewer Line, in the form attached
hereto as Exhibit "A" and authorizes the Mayor to have delivered
an executed copy of the agreement to Cheatham and Associates.
Section 2. That this resolution shall become effective on the
date of approval by the City Council.
PASSED AND APPROVED this the day of
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CHEATHAM
AND
ASSOCIATES
L
August 29, 1990
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Proposal/Contract Amendment for providing Professional
Services in connection with the Construction of Sewer Line
S-6 and now to include N-3.
CONSULTANT'S UNDERSTANDING
The City of Southlake intends to construct sanitary sewer lines
to serve the central portion of the city. The lines are
identified as Lines S-6 and N-3. The City has approved a
contract with Cheatham & Associates for services in connection
with the construction of S-6. That agreement is dated March 27,
1990. This is a letter admendment to that original agreement.
This amendment will set out an additional scope of services for
tasks to be performed in connection with N-3 and additional fees
to be charged. General provisions of the original agreement are
applicable to this amendment.
SCOPE OF SERVICES
ADDITIONAL WORK TO BE PERFORMED - FOR N-3:
1. Surveying (40% complete, excepting surveying for easements -
propose to complete remaining 60% and easement surveying)
1.1 Our firm will furnish all necessary surveying field and
office work necessary to perform the engineering design
and to prepare construction plans.
1.2 We will also furnish all construction staking.
1.3 Surveying for easement preparation will also be
furnished. (see item 3.2)
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1170 Corporate Drive West • Suite 207 - Arlington, Texas 76006
817/633-1023 . Metro 640-4329
(-a
2. Engineering (40% complete, propose to complete remaining
60%)
2.1 Our firm will furnish all necessary technical expertise
required to accomplish the engineering design of the
sewer line and appurtenances. The design will be in
accordance with applicable state and federal
regulations.
2.2 Our firm will then prepare construction plans,
specifications and contract documents based on the
engineering design.
2.3 We will assist in the advertising for and taking of
construction bids. We will issue any required
adendums. Our firm will assist in the processing of
contract documents after contract award and will issue
notice -to -proceed.
2.4 Periodic on -site visits by an engineer will take place
during construction. We will issue and process any
required change orders.
2.5 We will provide assistance in conducting the final
inspection and issuance of certificate of completion.
2.6 Our office will prepare "As -Built" plans from the
contractor and inspector's "Mark -Up" plans.
3.0 Easements
3.1 Our firm will conduct the search for deeds and conduct
other research at the Tarrant County Courthouse
necessary for the preparation of the required
easements.
3.2 We will then prepare the legal (metes & bounds)
descriptions of the easements with computer plotting.
This work element also includes the surveying work
necessary to prepare easements and to tie easements to
the base line(s).
This element includes preparation of the final written
easement document and of the accompanying drawing.
3.4 (OPTIONAL ITEM) Our office will assist in the
acquiring Grantor's signatures on the easement forms.
This proposal does not contemplate our firm
participating in any condemnation proceedings.
2
(,,-3
FEES
We will provide all the services and products described in the
scope of services including all services necessary for
engineering surveying, engineering, contract administration,
construction staking and periodic visits during construction, and
Owner's project representation for the project as follows:
ADDITIONAL FEES - FOR N-3:
For Fee Calculation:
Estimated Construction Cost: $ 365,750
Estimate Cost for CISD Force
Main and Lift Station ( 67,500)
---------------
Total City Portion $ 298,250
Amount
Fee
Previously
-------------------------------------------------------------
Paid (40%)
Engineering Fee (9.2%)
9.2% x $298,250
$
27,439
$ 10,976
9.2% x $ 67,500
$
6,210
0
Plats/legals
$
14,400
5,760
Surveying for easements
$
7,500
3,000
Surveying (Plans &
Construction) -
City Portion
$
16,465
6,586
Carroll ISD Part
$
3,721
0
Subtotals
-------------
$ 75,735
Fee remaining for N-3
3
$ 75,735
($ 26,322)
$ 49,413
$ 26,322
AMENDMENT ACCEPTANCE
If this amendment meets with your approval, it can also serve as
our agreement, which you may indicate by signing in the space
provided below. Please do not hesitate to call should you have
any questions or requested modifications of the proposal. The
opportunity to be of service to you and Southlake is greatly
appreciated.
Gary ckes, Mayor
4
G -5,
%.,ny yr avu[rnaKe, 1 eXaS
RESOLUTION NO. 90-65
WHEREAS, the Tarrant County Mayors' Council has recommended
the institution of litigation against the City of Fort Worth in
order to preserve the rights of the wholesale customer cities to
challenge the imposition by the City of Fort Worth of new charges
for water and wastewater service; and,
WHEREAS, the Mayors' Council steering committee appointed to
manage the litigation and negotiations with the City of Fort
Worth has requested that cities desiring to participate in the
litigation formally authorize their inclusion; and,
WHEREAS, the Mayors' Council steering committee has requested
that participating cities authorize the financing of the joint
effort by assessments based on the amount of treated water
supplied and wastewater received by the City of Fort Worth during
the year 1989; and,
WHEREAS, the City of Fort Worth proposal to impose access
fees will have an adverse impact on the City of Southlake's
future water contracts,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. That the above premises are hereby found to be
true and correct and are incorporated into the body of this
resolution as if copied in its entirety.
Section 2. That the City of Southlake supports the
Tarrant County Mayor's Council and its steering committee
appointed to deal with Fort Worth's impact fee charges.
Section 3. That the City of Southlake agrees to pay to
the City of North Richland Hills, as trustee for the Mayors'
Council steering committee, an assessment of $275 based on the
City's water supplied by the City of Fort Worth in 1989 to
support the employment and payment of consultants and to
negotiate with Fort Worth and to take all steps necessary to
ensure that charges made to customer cities are fair and
equitable including the settlement of such litigation or
dismissal thereof.
Section 4. That this resolution is hereby effective upon
passage by the City Council.
PASSED AND APPROVED this the day of
CATTEST:
Sandra L. LeGrand
Gary Fickes, Mayor
ff 1990.
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 355,
ESTABLISHING ADMINISTRATIVE DEPARTMENTS, PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
THAT:
Section 1. That Ordinance No. 355 of the City of Southlake is
hereby repealed, and as provided by Section 4.01 of the Charter of
the City of Southlake, the City Council hereby establishes the
following administrative departments: D2mArtment of General
,Go�rernment, to be headed by the City Mana er; Departm—end o� FB3c
Safety, o e ea a "'Ct r—off PublicSafety; De ar ment
0 or a irec or u is Works.
Section 2. That the Administrative Departments, and the Divisions
thereof shall be reflected in the Annual Operating Budget of the
City of Southlake.
Section 3. That this Ordinance shall be in full force and effect
from and after its passage and approval by the City Council.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF , 1990.
MAYOR
ATTEST:
CITY SECRETARY
Ordinance No. 521
Administrative Departments
(W Page two
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
ORDINANCE NO. 518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR
FISCAL YEAR 1989-90; APPROVING AND ADOPTING THE BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND
TERMINATING SEPTEMBER 30, 1991, AND MAKING APPROPRIATIONS
FOR EACH DEPAR MM, PROTECT AND ACCOUNT; REPEALING
CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Manager has prepared a revision of certain
figures in the 1989-90 budget and submitted same to the City Council;
and,
WHEREAS, the City Manager of the City of Southlake, Texas
(hereinafter referred to as the "City") has caused to be filed with the
City Secretary a budget to cover all proposed expenditures of the
government of the City for the fiscal year beginning October 1, 1990,
and ending September 30, 1991, (hereinafter referred to as the
"Budget"); and
WHEREAS, the Budget, a copy of which is attached hereto as Exhibit
"A" and incorporated herein for all purposes, shows as definitely as
possible each of the various projects for which appropriations are set
up in the Budget, and the estimated amount of money carried in the
Budget for each of such projects; and
WHEREAS, the Budget has been filed with the City Secretary for at
least thirty (30) days and available for inspection by any taxpayer; and
WHEREAS, public notice of public hearings on the proposed annual
budget, stating the dates, times, places and subject matter of said
public hearings, was given as required by the Charter of the City of
Southlake and the laws of the State of Texas; and
WHEREAS, such public hearings were held on August 21, 1990,
September 4, 1990, and September 18, 1990, prior approval of such dates
being hereby ratified and confirmed by the City Council, and all those
wishing to speak on the Budget were heard; and
WHEREAS, the City Council has studied the Budget and listened to
the comments of the taxpayers at the public hearings held therefor and
has determined that the Budget attached hereto is in the best interest
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOU HLAKE, TEXAS:
Section 1. That all of the above premises are found to be true
and correct and are incorporated into the body of this Ordinance as if
copied in their entirety.
Ad -/
Section 2. That the revised figures, prepared and submitted by
the City Manager for the 1989-90 budget, be, and the same are hereby, in
all things, approved and appropriated, and any necessary transfers
between accounts and departments are hereby authorized, approved, and
appropriated.
Section 3. That the Budget attached hereto as Exhibit "A" and
incorporated herein for all purposes is adopted for the Fiscal Year
beginning October 1, 1990, and ending September 30, 1991; and there is
hereby appropriated from the funds indicated such projects, operations,
activities, purchases and other expenditures as proposed in the Budget.
Section 4. That the City Manager shall file or cause to be filed
a true and correct copy of the approved Budget, along with this
Ordinance, with the City Secretary and in the office of the County
Clerks of Denton and Tarrant County, Texas, as required by State law.
Section 5. That any and all ordinances, resolutions, rules,
regulations, policies or provisions in conflict with the provisions of
this Ordinance are hereby repealed and rescinded to the extent of
conflict herewith.
Section 6. If any section, article, paragraph, sentence, clause,
phrase or word in this Ordinance, or application thereto any person or
circumstances is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance; and the City Council hereby
declares it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 7. That the necessity of adopting and approving a
proposed budget for the next fiscal year as required by the laws of the
State of Texas requires that this Ordinance shall take effect
immediately from and after its passage, and it is accordingly so
ordained.
PASSED AND APPROVED on first reading this day of
, 19
Gary Fickes, Mayor
Sandra L. LeGrand, City Secretary
PASSED AND APPROVED on second reading this day of
19
Gary Fickes, Mayor
Sandra L. LeGrand, City Secretary
Ordinance 518 -2 r0
APPROVED AS TO FORM:
City Attorney
Date:
..•. _.
Effective:
Ordinance No. 518 -3-
10-3
ORDINANCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUI'HIAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM �4gr,j
TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND
ENDING SEPTII�ER 30, 1991, AND FOR EACH
UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.4550 ONE
HUNDRED DOLLARS ($100.00) ASSESSED VALUE TAXABLE
PROPERTY WITHIN THE ODRPORATE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS, AS OF JANUARY 1, 1990, TO PROVIDE
REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO
PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING
DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH
PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF
PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS
PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL
OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas
(hereinafter referred to as the "City") hereby finds that the tax for
the fiscal year beginning October 1, 1990, and ending September 30,
1991, hereinafter levied for current expenses of the City and the
general improvements of the City and its property must be levied to
provide the revenue requirements of the budget for the ensuing year; and
WHEREAS, the City Council has approved, by a separate ordinance
adopted on the 18th day of September, 1990, the budget for the fiscal
year beginning October 1, 1990, and ending September 30, 1991; and
WHEREAS, all statutory and constitutional requirements concerning
the levying and assessing of ad valorem taxes have been complied with.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTH I AKE, TEXAS:
Section 1. That all of the above premises are found to be true
and correct and are incorporated into the body of this Ordinance as if
copied in their entirety.
Section 2. That there is hereby levied and ordered to be assessed
and collected for the fiscal year beginning October 1, 1990, and ending
September 30, 1991, and for each fiscal year thereafter until it be
otherwise provided by and ordained on all taxable property, real,
personal and mixed, situated within the corporate limits of the City of
Southlake, Texas, and not exempt from taxation by the Constitution of
the State and valid State laws, an ad valorem tax rate of $0.4550 for
the general operations of the City on each One Hundred Dollars ($100.00)
assessed value of taxable property, and shall be apportioned and
distributed as follows:
a. For the purpose of defraying the current expenses of the
municipal government of the City, a tax of $0.3775 on each One
Hundred Dollars ($100.00) assessed value of all taxable
Property
b. For the purpose of creating a sinking fund to pay the interest
and principal on all outstanding debt of the City, not
otherwise provided for, a tax of $0.0775 on each One Hundred
Dollars ($100.00) assessed value of all taxable property,
within the City which shall be applied to the payment of such
interest and maturities of all outstanding debt.
Section 3. That all ad valorem taxes shall became due and
payable on December 31, 1990, and all ad valorem taxes for the year
shall became delinquent after January 31, 1991. There shall be no
discount for payment of taxes prior to said January 31, 1991. A
delinquent tax shall incur all penalty and interest authorized by State
law Section 33.01 of the Property Tax Code, to -wit: a penalty of six
percent (6%) of the amount of the tax for the first calendar month it is
delinquent plus one percent (1%) for each additional month or portion of
a month the tax remains unpaid prior to July 1st. of the year in which
it becomes delinquent.
Provided, however, a tax delinquent by July 1st. incurs a total
penalty of twelve percent (12%) of the amount of the delinquent tax
without regard to the number of months the tax has been delinquent. A
delinquent tax shall also accrue interest at a rate of one percent (1%)
for each month or portion of a month the tax remains unpaid. Taxes that
remain delinquent on July 1, 1991, incur an additional penalty of
fifteen percent (15%) of the amount of taxes, penalty and interest due;
such additional penalty is to defray costs of collection due to contract
with the City's attorney pursuant to Section 6.30 of the Property Tax
Code.
Section 4. Taxes are payable at the office of Tarrant County
Tax Collector. The City shall have available all rights and remedies
provided by law for the enforcement of the collection of taxes levied
under this Ordinance.
Section 5. That the tax rolls, as presented to the City
Council, together with any supplement thereto, be, and the same are
hereby approved.
Section 6. That any and all ordinances, resolutions, rules,
regulations, policies or provisions inconsistent or in conflict with the
provisions of this Ordinance are hereby expressly repealed and rescinded
to the extent of the inconsistency or conflict.
Section 7. If any section, article, paragraph, sentence,
clause, phrase or word in this Ordinance, or application thereto any
person or circumstances is held invalid or unconstitutional by a Court
of campetent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance; and the City Council hereby
declares it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full
force and effect.
Ordinance No. 519 -2-
I
r
Section 8. That the necessity of fixing and levying municipal ad
valorem taxes of the City for the next fiscal year as required by the
laws of the State of Texas, requires that this ordinance shall take
effect immediately from and after its passage, and it is accordingly so
ordained.
PASSED AND APPROVED on first reading this day of
, 19
Gary Fickes, Mayor
Sandra L. LeGrand, City Secretary
PASSED AND APPROVED on second reading this day of
, 19
Gary Fickes, Mayor
Sandra L. LeGrand, City Secretary
City Attorney
Date:
Adopted:
Effective:
Ordinance No. 519 -3-
//- 3
ORDINANCE NO. yrL
AN ORDINANCE authorizing the issuance of "CITY OF
SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER
SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF
OBLIGATION, SERIES 1990"; 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 Sanitary Sewer System;
and resolving other matters incident and
relating to the issuance, payment, security,
sale and delivery of said Certificates,
including the approval and distribution of an
Official Statement pertaining thereto; and
providing an effective date.
WHEREAS, n i e City Council's intention ue
certificates of obligation in the maximum principal amount of
$1,100,000 for the purpose of paying contractual obligations to
be incurred for (i) utility relocations and the acquisition of
land and right-of-way therefor, and (ii) professional services,
has been duly published in on ,
1990 and the date of the first publication of
such notice being not less than fifteen (15) days prior to
August 21, 1990, the tentative date stated therein for the
first reading of this Ordinance; and
WHEREAS, no petition, bearing the valid petition
signatures of 5% or more of the qualified electors of the City,
protesting the issuance of the certificates of obligation
described in the aforesaid notice, has been presented to or
filed with the City Secretary 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 such 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 $1,100,000, to be designated and bear the
title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER
SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION,
SERIES 1990" (hereinafter referred to as the "Certificates"),
for the purpose of paying contractual obligations to be
incurred for (i) utility relocations and the acquisition of
land and right-of-way therefor, and (ii) professional services,
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.
SECTION 2: Fully Registered Obligations - Authorized
Denominations -Stated Maturities -Date. The Certificates are
issuable in fully registered form only; shall be dated
August 1, 1990 (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 1 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
1992
$ 25,000
%
1993
25,000
%
1994
30,000
%
1995
30,000
%
1996
35,000
%
1997
35,000
%
1998
40,000
%
1999
40,000
%
2000
45,000
%
2001
50,000
%
2002
50,000
%
2003
55,000
%
2004
60,000
%
2005
65.000
%
2006
70 01000
%
2007
75,000
%
2008
85, 00.0
%
2009
90,000
%
2010
95,000
%
2011
100,000
%
MA!
The Certificates shall bear interest on the unpaid
principal amounts from the Certificate Date at the rate(s) per
annum shown above in this Section (calculated on the basis of a
360-day year of twelve 30-day months). Interest on the
Certificates shall be payable on February 1 and August 1 of
each year, commencing February 1, 1991.
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 or
redemption shall be payable only to the registered owners or
holders of the Certificates (hereinafter called the "Holders")
appearing on the registration and transfer books (the "Security
Register") 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 AMERITRUST TEXAS NATIONAL
ASSOCIATION to serve as Paying Agent/Registrar for the
Certificates is hereby approved and confirmed. 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 principal
offices in Dallas, Texas (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 15th day of the month
neat 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
-3-
banking institutions in the City where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is
(w 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 1,
2002, 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 1,
2001 or on any date thereafter at the redemption price of par
plus accrued interest to the date of redemption.
(b) Exercise of Redemption Option. At least
forty-five (45) days prior to a date set for the redemption of
Certificates (unless a shorter notification period shall be
satisfactory to the Paying Agent/Registrar), the City shall
notify the Paying Agent/Registrar of its decision to exercise
the right to redeem Certificates, the principal amount of each
Stated Maturity to be redeemed, and the date set for the
redemption thereof. 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.
(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 select by lot, the Certificates to "be
redeemed; provided that if less than the entire principal
amount of a Certificate is to be redeemed, the Paying
Agent/Registrar shall treat such Certificate then subject to
-4-
M-3
redemption as representing the number of Certificates
Outstanding which is obtained by dividing the principal amount
of such Certificate by $5,000.
(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, 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 by the Holder. If a Certificate is subject by its
terms to prior redemption and has been called for redemption
and notice of redemption thereof has been duly given or waived
as herein 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, provided moneys sufficient for the
payment of such Certificates (or of 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.
SECTION 5: Registration - Transfer - Exchange of Certi-
ficates - Predecessor Certificates. A Security Register
relating to the registration, payment, and transfer or exchange
of the Certificates shall at all times be kept and maintained
by the City at the Designated Payment/Transfer Office of the
Paying Agent/Registrar, as provided herein and in accordance
with the provisions of an agreement with the Paying
Agent/Registrar and such rules and regulations as the Paying
Agent/Registrar and the City may prescribe. The Paying
-5-
Agent/Registrar shall obtain, record, and maintain in the
Security Register the name and address of each registered owner
of the Certificates issued under and pursuant to the provisions
of this Ordinance. Any Certificate may, in accordance with its
terms and the terms hereof, 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 at the
Designated Payment/Transfer Office 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 for transfer of any Certificate at the
Designated Payment/Transfer Office of the Paying
Agent/Registrar, one or more new Certificates shall be
registered and issued to the assignee or transferree of the
previous Holder; such Certificates to be in authorized
denominations, of like 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
for like aggregate principal amount, 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 Certificates,
executed on behalf of and furnished by the City, to the Holder
requesting the exchange.
All Certificates issued upon any transfer or exchange of
Certificates shall be delivered at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, or sent
by United States mail, first class postage prepaid, to the
Holder and, upon the delivery thereof, the same shall be 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.
-6-
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
Certificate or Certificates registered and delivered in the
exchange or transfer therefor. Additionally, the term
"Predecessor Certificates" shall include any Certificate
registered and delivered pursuant to Section 21 hereof in lieu
of a mutilated, lost, destroyed, or stolen Certificate which
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 transfer or exchange any Certificate called for
redemption, in whole or in part, within 45 days of the date
fixed for redemption of such Certificate; provided, however,
such limitation on transferability shall not be applicable to
an exchange by the Holder of an 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 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 requirements and
procedures identified in the Letter of Representation, by and
between the City, the Paying Agent/Registrar and DTC (the
"Depository Agreement") relating to the Certificates.
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
Mr
be printed in definitive form and provide for the Certificate
certificates to be issued and delivered to DTC Participants and
(w 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 and 5 hereof.
SECTION T: 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 execuring
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 the Bond
Procedures Act of 1981, as amended.
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 8C, 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 8D, 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 $1,100,000 with principal installments to become due
and payable as provided in Section 2 hereof and numbered T-1,
or (ii) as twenty (20) 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
-8-
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 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 thereof.
-9-
B.
Form of Certificates.
REGISTERED
NO.
Certificate Date:
August 1, 1990
Registered Owner:
Principal Amount:
REGISTERED
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE
CERTIFICATE OF OBLIGATION,
SERIES 1990
Interest Rate: Stated Maturity: CUSIP NO:
DOLLARS
The City of Southlake (hereinafter referred to as the
"City"), a body corporate and municipal corporation in the
County of Tarrant, 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 1
and August 1 in each year, commencing February 1, 1991.
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. 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 15th day of
-10-
1A
the month neat 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 $1,100,000
(herein referred to as the "Certificates") for the purpose of
paying contractual obligations to be incurred for (i) utility
relocations and the acquisition of land and right-of-way
therefor, and (ii) professional services, 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 and after February 1, 2002,
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 1,
2001, or on any date thereafter, at the redemption price of
par, together with accrued interest to the date of redemption
and upon 30 days prior written notice being sent by United
States Mail, first class postage prepaid, to the registered
owners of the Certificates to be redeemed, and subject to the
terms and provisions relating thereto contained in the
Ordinance. If this Certificate (or any portion of the
principal sum hereof) shall have been duly called for
redemption and notice of such redemption duly given, then upon
such redemption date this Certificate (or the portion of the
principal sum hereof to be redeemed) shall become due and
payable, and interest thereon shall cease to accrue from and
after the redemption date therefor, provided moneys for the
payment of the redemption price and the interest 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.
-11-
In the event of a partial redemption of the principal
amount of this Certificate, payment of the redemption price of
such principal amount shall be made to the registered owner
only upon presentation and surrender of this Certificate to the
Designated Payment/Transfer Office of the Paying
Agent/Registrar and there shall be issued, without charge
therefor to the registered owner hereof, a new Certificate or
Certificates of like maturity and interest rate in any
authorized denominations provided in the Ordinance for the then
unredeemed balance of the principal sum hereof. If this
Certificate is selected for redemption, in whole or in part,
the City and the Paying Agent/Registrar shall not be required
to transfer this Certificate to an assignee of the Holder of
this Certificate within 45 days of the redemption date
therefor; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of this
Certificate of the unredeemed balance hereof in the event of
its redemption 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 are payable from a
limited pledge of the Net Revenues (as defined in the
Ordinance) of the City's combined Waterworks and Sanitary Sewer
System (the "System"), such pledge of the Net Revenues for the
payment of the Certificates being limited to an amount not in
excess of $2,500 and being junior and subordinate to the lien
on and pledge of such Net Revenues securing the payment of
"Prior Lien Obligations" (as 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 properties constituting the System; 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,
-12-
/,,;;?- 7
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.
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
-13-
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
(W 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,
caused this Certificate to
seal of the City as of the
COUNTERSIGNED:
City Secretary
(SEAL)
C. *Form of Regis
of Public Accoun
only.
the City Council of the City has
be duly executed under the official
Certificate Date.
CITY OF SOUTHLAKE, TEXAS
Mayor
:ion Certifj
appear on In:
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
e of Comptroller
tial Certificate
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 .
(SEAL)
Comptroller of Public Accounts
of the State of Texas
-14- /4_ 00
D. Form of Certificate of Paying Agent/Re
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 principal offices of the Paying Agent/Registrar
located in Dallas, Texas, is the "Designated Payment/Transfer
Office" for this Certificate.
Registration Date:
AMERITRUST TEXAS NATIONAL
ASSOCIATION,
as Paying Agent/Registrar
By
Authorized Signature
*NOTE TO PRINTER: Do Not Print on Definitive Certificates
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:
Signature guaranteed:
NOTICE: The signature on this
assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Certificate in every
particular.
-15-
F. The Initial Certificate(s) shall be in the form set
forth in paragraph H 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 W 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
County of Tarrant, 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 1 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 1 and August 1 of each year, commencing February 1,
1991. Principal of this Certificate is payable at its Stated
Maturity or on a prepayment date to the registered owner hereof
by Ameritrust Texas National Association (the "Paying
Agent/Registrar"), upon its presentation and surrender, at its
principal offices in Dallas, Texas (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 15th
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
-16-
�'j
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
$1,100,000 "CITY OF SOUTHLAKE, TEXAS, TAR AND
WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1990" 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
direct 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, and the United States Treasury
obligations such as its State and Local Government
Series in book -entry form.
(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
-17-
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 22 hereof by the
irrevocable deposit with the Paying
Agent/Registrar, or an authorized escrow
agent, of money or Government Securities, or
both, in the amount necessary to fully pay
the principal of, premium, if any, and
-18-
interest thereon to maturity or redemption,
as the case may be, provided that, if such
Certificates are to be redeemed, notice of
redemption thereof shall have been duly
given pursuant to this Ordinance or
irrevocably provided to be given to the
satisfaction of the Paying Agent/ Registrar,
or waived; 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 21 hereof.
(j) The term "Prior Lien Obligations" shall mean
(i) the outstanding and unpaid (1) "City of Southlake,
Texas, Waterworks and Sewer System Revenue Bonds,
Series 19840, 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.
(k) 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 purposes of paying
the interest on and to provide a sinking fund for the payment
and retirement of the Certificates, there shall be and is
hereby created a special Fund to be designated "SPECIAL SERIES
1990 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", which
Fund shall be kept and maintained at the City's depository
bank, and moneys deposited in said Fund shall be used for no
other purpose. 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
-19-
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 of 1987" 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 Levy. 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.
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
-20-
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 amount not to exceed $2,500 are hereby irrevocably
pledged to the payment of the principal of and interest on the
Certificates, and the limited pledge of $2,500 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.
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 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 of the limited amounts
pledged to the payment of the Certificates.
-21-
Any Net Revenues remaining in the System Fund after
satisfying the foregoing payments and priorities, or making
adequate and sufficient provision for the payment thereof, may
(W be appropriated and used for any other City purpose now or
hereafter permitted by law.
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 for the
purposes permitted by this Ordinance.
SECTION 16: Maintenance of System - Insurance. The
City covenants and agrees that while the Certificates remain
Outstanding, it will maintain and operate the System with all
possible efficiency and maintain casualty and other insurance
on the properties of the System and its operations of a kind
and in such amounts customarily carried by municipal
corporations in the State of Texas engaged in a similar type
business; that it will faithfully and punctually perform all
duties with reference to the System required by the
Constitution and laws of the State of Texas.
SECTION 17: Remedies in Event of Default. In
addition to all the rights and remedies provided by the laws of
the State of Texas, the City covenants and agrees particularly
that in the event the City (a) defaults in the payments to be
made to the Certificate Fund, or (b) defaults in the observance
or performance of any other of the covenants, conditions or
obligations set forth in this Ordinance, the owner or owners of
any of the Certificates shall be entitled to a writ of mandamus
issued by a court of proper jurisdiction compelling and
requiring the governing body of the City and other officers of
the City to observe and perform any covenant, condition or
obligation prescribed in this Ordinance.
No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power,
or shall be construed to be a waiver of any such default or
acquiescense therein, and every such right and power may be
exercised from time to time and as often as may be deemed
expedient. The specific remedies herein provided shall be
cumulative of all other existing remedies and the specification
of such remedies shall not be deemed to be exclusive.
SECTION 18: Special Covenants. The City hereby further
covenants as follows:
-22-
(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 under
Articles 1111 et seq., V.A.T.C.S. and V.T.C.A., Local
Government Code, Sections 271.041, et seq.
(b) Other than for the payment of the
Certificates and the outstanding Prior Lien
Obligations identified in Section 10(j) hereof, 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.
(c) While any Certificates
the City will not sell the System
part thereof; provided, however,
not be construed to prohibit
machinery, or other properties or
become obsolete or otherwise
efficient operation of the System.
remain Outstanding,
or any substantial
this covenant shall
the sale of such
equipment which has
unsuited to the
(d) To the extent that it legally may, the City
further covenants and agrees that, while any of the
Certificates are Outstanding, no franchise shall be
granted for the installation or operation of any
competing waterworks and sewer systems other than
those owned by the City, and the operation of any
such systems by anyone other than the City is hereby
prohibited.
(e) No free service of the System shall be
allowed, and should the City or any of its agents or
instrumentalities make use. of the services and
facilities of the System, payment of the reasonable
value thereof shall be made by the City out of funds
from sources otherthan the revenues and income of the
System.
SECTION 19: 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 on a parity with the Certificates insofar as the
pledge of the Net Revenues of the System is concerned.
-23-
Additional Prior Lien Obligations, if issued, may be
payable, in whole or in part, from Net Revenues (without
impairment of the obligation of contract with the Holders of
(W the Certificates) upon such terms and conditions as the City
Council may determine.
SECTION 20: 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.
SECTION 21: 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.
-24-
la-13
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 22: 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 "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, or regulations adopted pursuant thereto.
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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 four (4) 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 23: 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 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 24: Covenants to Maintain Tax -Exempt Status.
(a) Definitions. When used in this Section 24, the
following terms have the following meanings:
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"Code" means the Internal Revenue Code of 1986,
as amended by all legislation, if any, enacted on or
before the Issue Date.
"Computation Date" has the meaning stated in
Treas. Reg. S 1.148-8T(b)(1).
"Gross Proceeds" has the meaning stated in
Treas. Reg. S 1.148-8T(d).
"Investment" has the meaning stated in Treas.
Reg. S 1.148-8T(e).
"Issue Date" means the date on which the
Certificates are first authenticated and delivered to
the initial purchasers against payment therefor.
"Nonpurpose Investment" means any Investment in
which .Gross Proceeds of the Certificates are invested
and which is not acquired to carry out the
governmental purpose of the Certificates.
"Yield of"
(1) any Investment shall be computed
in accordance with Treas. Reg. S1.148-2T,
and
(2) the Certificates has the meaning
stated in Treas. Reg. S 1.148-3T.
(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 shall have received
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 exclusion of
interest on any Certificate from gross income for federal
income tax purposes pursuant to Section 103 of the Code, the
City shall comply with each of the specific covenants in this
Section.
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(c) No Private Use or Private Payments. Except as
permitted by section 141 of the Code and the regulations and
(w rulings thereunder, the City, at all times prior to the last
Stated Maturity of Certificates,
(1) shall exclusively own, operate, and possess
all property acquired, constructed or improved
directly or indirectly with Gross Proceeds of the
Certificates and shall not use or permit the use of
such Gross Proceeds or any property acquired,
constructed, or improved with such Gross Proceeds in
any activity carried on by any person or entity other
than a state or local government, unless such use is
solely as a member of the general public, or
(2) shall not directly or indirectly impose or
accept any charge or other payment for use of Gross
Proceeds of the Certificates or for any property
acquired, constructed or improved 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, 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 of the Certificates in any
Investment (or use such Gross Proceeds to replace money so
invested), if as a result of such investment the Yield of all
Investments allocated to such Gross Proceeds whether then held
or previously disposed of, exceeds the Yield of the
Certificates.
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(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 with
the Secretary of the Treasury the information required by
section 149(e) of the Code with respect to the Certificates on
such form and in such place as such Secretary may prescribe.
(h) No Rebate Required. The City warrants and represents
that it satisfies the requirements of paragraph (2) and (3) of
section 148(f) of the Code with respect to the Certificates
without making the payments for the United States described in
such section. Specifically, the City warrants and represents
that
(1) the City is a governmental unit with
general taxing powers;
(2) at least 95% of
Certificates will be used
activities of the City;
the Gross Proceeds of the
for the local governmental
(3) the aggregate face amount of all tax-exempt
obligations issued or expected to be issued by the
City (and all subordinate entities thereof) in the
calendar year in which the Certificates are issued is
not reasonably expected to exceed $5,000,000.
SECTION 25: Sale of the Certificates. The sale of
the Certificates to
(herein referred to as the "Purchasers") at the
price of % of par and accrued interest to the date of
delivery is hereby approved and confirmed. Delivery of the
Certificates to the Purchasers shall occur as soon as possible
upon payment being made therefor in accordance with the terms
of sale.
SECTION 26: Qualified Tax Exempt Obligations. That in
accordance with the provisions of paragraph (3) of subsection
(b) of Section 265 of the Code, the City hereby designates the
Certificates to be "qualified tax exempt obligations" in that
the Certificates are not "private activity bonds" as defined in
the Code and the reasonably anticipated amount of "qualified
tax exempt obligations" to be issued by the City (including all
subordinate entities of the City) for the calendar year 1990
will not exceed $10,000,000.
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SECTION 27: Official Statement. The Official
Statement prepared in the initial offering and sale of the
Certificates by the City, together with all addendas,
(W supplements and amendments thereto issued on behalf of the
City, is hereby approved as to form and content, and the City
Council hereby finds that the information and data contained in
said Official Statement pertaining to the City and its
financial affairs is true and correct in all material respects
and no material facts have been omitted therefrom which are
necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading. The
use of such Official Statement in the reoffering of the
Certificates by the Purchasers is hereby approved and
authorized.
SECTION 28: 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 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.
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 29: 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
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 pending the approval thereof by the Attorney
General, the registration thereof by the Comptroller of Public
Accounts and its delivery to the Purchasers.
Furthermore, the Mayor, City Secretary, City Manager and
Finance Director, 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, registration by the Comptroller of Public
Accounts and delivery of the Certificates to the purchasers
thereof and, together with the City's financial advisor, bond
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counsel and the Paying Agent/ Registrar, make the necessary
arrangements for the delivery of the Initial Certificate(s) to
the purchasers.
SECTION 30: 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 31: 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 32: Printed Opinion. The Purchasers'
obligation to accept delivery of the Certificates is subject to
being furnished a final opinion of Fulbright & Jaworski,
Attorneys, 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.
Printing of a true and correct reproduction of said opinion on
the reverse side of each of the definitive Certificates is
hereby approved and authorized.
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SECTION 33: 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 34: 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, this Ordinance and all its provisions
being intended to be and being for the sole and exclusive
benefit of the City, the Paying Agent/Registrar and the Holders.
SECTION 35: 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 36: 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 37: Effect of Headings. The Section headings
herein are for convenience only and shall not affect the
construction hereof.
SECTION 38: 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 39: 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.
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SECTION 40: 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 Article 6252-17, Vernon's Texas Civil
Statutes, as amended.
SECTION 41: 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, August 21, 1990.
PASSED ON SECOND READING AND ADOPTED, this September 4,
1990.
CITY OF SOUTHLARE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal) APPROVED AS TO LEGALITY:
4632s
City Attorney
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ORDINANCE NO.
AN ORDINANCE approving and authorizing the execution
and delivery of "CITY OF SOUTHLAKE, TEXAS,
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS,
SERIES 1990"; specifying the terms of such
contracts; making provisions for the payment
thereof; and resolving other matters incident
and related to the execution, performance and
payment of such contracts, including the
approval and execution of a Special Escrow
Deposit Agreement for the acquisition of
property and the approval of an Offering
Memorandum; and providing an effective date.
WHEREAS, pursuant to V.T.C.A., Local Government Code,
Subchapter .A of. Chapter 271 (the Public Property Finance Act),
the City Council is authorized and empowered to execute,
perform and make payments under contracts with any person for
the use, acquisition or purchase of personal property; and
WHEREAS, in accordance with the provisions of the Public
Property Finance Act, the City Council hereby finds and
determines that the acquisition, use or purchase of certain
items of personal property identified in Exhibit A attached
hereto, or such other personal property, appliances, equipment,
furnishings, or interests therein, considered by the City
Council to be necessary, useful and/or appropriate for purposes
of the City, should be financed under and pursuant to one or
more contractual obligations to be executed and delivered on
the terms and in the form hereinafter prescribed; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1: Contract Authorization - Contract Amount -
Property Identification. Contracts, aggregating in amount
$200,000 (the "Aggregate Contract Amount") and entitled "City
of Southlake, Texas, Public Property Finance Contractual
Obligations, Series 1990" (the "Contractual Obligations" or the
"Contracts") shall be and are hereby authorized to be executed
and delivered with the Initial Contracting Party (hereinafter
identified in Section 14 hereof), and the assigns thereof, to
finance the use or the purchase or other acquisition of
personal property identified in Exhibit A attached hereto and
incorporated herein by reference as a part of this Ordinance
for all purposes, or such other personal property, appliances,
equipment, furnishings, or interests therein, considered by the
l3'�
City Council to be necessary, useful and/or appropriate for
purposes of the City (the "Property"); all in accordance with
and pursuant to authority conferred by the laws of the State of
Texas, particularly the Public Property Finance Act.
SECTION 2: Fully Registered Form - Contract Date -
Authorized Amounts -Installment Payments -Interest Rates. The
Contracts shall be made, executed and delivered in fully
registered form, bear a date of August 1, 1990 (the "Contract
Date"), and, except for the Initial Contracts authorized in
Section 7 hereof, shall be in authorized amounts of $5,000 or
any integral multiple thereof (not to exceed an Installment
Amount), and the Aggregate Contract Amount shall be payable in
annual installments (the "Installment Amounts") on February 1
in the amounts and interest shall accrue on such Installment
Amounts at per annum rate(s) as follows:
Interest
Payment Date. Installment Amount Rate(s)
1992
$ 35,000 %
1993
35,000 %
1994
40,000 %
1995
45,000 %
1996
45,000 %
Interest on the unpaid Installment Amounts shall accrue
from the Contract Date (calculated on the basis of a 360-day
year of twelve 30-day months) and such interest shall be
payable on February 1 and August 1 in each year, commencing
February 1, 1991.
SECTION 3: Terms of Payment -Paying Agent/Registrar.
The Installment Amounts on each Contract and the interest
thereon shall be payable only to the registered contracting
party or person (hereinafter called the "Contracting Party")
appearing on the registration and transfer books (the "Contract
Register") maintained by the Paying Agent/Registrar and such
Installment Amounts and the interest payable thereon shall be
payable in 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 without exchange or collection
charges to the Contracting Party.
The selection and appointment of Ameritrust Texas National
Association to serve as Paying Agent/Registrar for the
Contracts is hereby approved and confirmed. The City covenants
to maintain and provide a Paying Agent/Registrar at all times
until the Contracts are paid and discharged, and any successor
Paying Agent/Registrar shall be a bank, trust company,
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financial institution or other entity qualified to perform the
duties and services of Paying Agent/Registrar. Upon any
change in the Paying Agent/Registrar for the Contracts, the
City agrees to promptly cause a written notice thereof to be
sent to each Contracting Party by United States Mail, first
class postage prepaid, which notice shall also give the address
of the new Paying Agent/Registrar.
The Installment Amounts shall be payable when due only
upon the presentation and surrender of the Contracts to the
Paying Agent/Registrar at its principal offices in Dallas,
Texas (the "Designated Payment/Transfer Office"). Interest on
the Installment Amounts shall be paid to the Contracting
Parties which appear in the Contract Register at the close of
business on the Record Date (the 15th 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 Contracting
Party recorded in the Contract Register or (ii) by such other
method, acceptable to the Paying Agent/Registrar, requested by,
and at the risk and expense of, the Contracting Party. If the
date for the payment of an Installment Amount or interest
thereon shall be a Saturday, Sunday, a legal holiday, or a day
when banking institutions in the city where the office of the
Paying Agent/Registrar designated for the payment and
assignment of the Contracts 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.
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 Contracting
Party appearing on the Contract Register at the close of
business on the last business day next preceding the date of
mailing of such notice.
SECTION 4: Non -Optional. The Contracts shall not be
subject to prepayment prior to their Payment Dates at the
option of the City.
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SECTION 5: Assignment - Registration -Transfer -Exchange
of Contracts. A Contract Register relating to the
registration, payment, and assignment and transfer or exchange
of the Contracts 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 provisions of an agreement
with the Paying Agent/Registrar and such rules and regulations
as the Paying Agent/Registrar and the City may prescribe. The
Paying Agent/Registrar shall obtain, record, and maintain in
the Contract Register the name and address of each and every
Contracting Party to a Contract executed and delivered under
and pursuant to the provisions of this Ordinance, or if
appropriate, the nominee thereof. Any Contract may be
assigned, transferred or exchanged for Contracts of other
authorized amounts by the Contracting Party, in person or by
his duly authorized agent, upon surrender of such Contract to
the Paying Agent/Registrar for cancellation, accompanied by a
written instrument of assignment and transfer or request for
exchange duly executed by the Contracting Party or by his duly
authorized agent, in form satisfactory to the Paying
Agent/Registrar.
Any Contract to be assigned and transferred shall be
surrendered to the Paying Agent/Registrar and, upon its receipt
and cancellation, the Paying Agent/Registrar shall register and
deliver, in the name of the designated assignee or transferee,
one or more new Contracts of authorized amounts and, except for
the assignment and transfer of the Initial Contract by the
Initial Contracting Party, having the same Payment Date and of
a like Installment Amount as the Contract or Contracts
surrendered for assignment and transfer.
Contracts may be exchanged for Contracts of other
authorized amounts and having the same Payment Date, bearing
the same rate of interest and of like aggregate Installment
Amount as the Contracts surrendered for exchange, upon
surrender of the Contracts to be exchanged to the Paying
Agent/Registrar. Whenever any Contracts are surrendered for
exchange, the Paying Agent/Registrar shall register and deliver
new Contracts to the Contracting Party requesting the exchange.
When a Contract has been duly assigned and transferred or
exchanged, the new Contract or Contracts registered in such
assignment and transfer or exchange shall be delivered to the
Contracting Party at the Designated Payment/Transfer Office of
the Paying Agent/Registrar or sent by United States Mail, first
class, postage prepaid to the Contracting Party, and, upon the
registration and delivery thereof, such Contracts 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 Contracts surrendered in such assignment and transfer or
exchange.
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All transfers or exchanges of Contracts pursuant to this
Section shall be made without expense or service charge to the
Contracting Party, except as otherwise herein provided, and
except that the Paying Agent/Registrar shall require payment by
the Contracting Party requesting such transfer or exchange of
any tax or other governmental charges required to be paid with
respect to such transfer or exchange.
Contracts cancelled by reason of an exchange or transfer
pursuant to the provisions hereof are hereby defined to be
"Predecessor Contracts," evidencing all or a portion, as the
case may be, of the same obligation to pay evidenced by the new
Contract or Contracts registered and delivered in the exchange
or transfer therefor. Additionally, the term "Predecessor
Contracts" shall include any mutilated, lost, destroyed, or
stolen Contract for which a replacement Contract has been
registered and delivered in lieu thereof pursuant to the
provisions of Section 10 hereof and such new replacement
Contract shall be deemed to evidence the same obligation as the
mutilated, lost, destroyed, or stolen Contract.
SECTION 6: Execution - Registration. The Contracts
shall be executed on behalf of the City by the Mayor or Mayor
Pro Tem, with the seal of the City reproduced or impressed
thereon and countersigned by the City Secretary. The signature
of such officers on the Contracts may be manual or facsimile.
Contracts bearing the manual or facsimile signatures of the
persons holding such offices on the Contract Date shall be
deemed to be duly executed on behalf of the City,
notwithstanding a change in persons holding such offices at the
time of delivery of the Contracts to the Initial Contracting
Party and with respect to Contracts delivered in subsequent
assignments and transfers or exchanges.
No Contract shall be entitled to any right or benefit
under this Ordinance, or be valid or obligatory for any
purpose, unless the registration certificate appearing on the
Contracts to be signed by the Comptroller of Public Accounts of
the State of Texas (substantially in the form provided in
Section 8C) and/or the Paying Agent/Registrar (substantially in
the form provided in Section -8D), either or both such
certificates, as the case may be, are manually executed by an
authorized officer, employee or representative of the
Comptroller of Public Accounts and/or the Paying
Agent/Registrar, and such registration certificate, either or
both, upon any Contract when duly executed by the Comptroller
of Public Accounts and/or the Paying Agent/Registrar, as the
case may be, shall be conclusive evidence, and the only
evidence, that such Contract has been duly certified,' -"-
registered and delivered.
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SECTION 7: Initial Contracts. The Contracts herein
authorized may be initially executed and delivered as a single
fully registered Contract in the Aggregate Contract Amount with
Installment Amounts to become due and payable as provided in
Section 2 hereof and numbered T-1 and registered in the name of
the Initial Contracting Party or the designee thereof. Such
single fully registered Contract shall be 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 Contracting Party. Any time after the
delivery of such single fully registered Contract, the Paying
Agent/Registrar, pursuant to written instructions from the
Initial Contracting Party, shall cancel such obligation and
exchange therefor Contracts of authorized amounts and in
Installment Amounts with Payment Dates and bearing applicable
interest rates for transfer and delivery to the Contracting
Parties named at the addresses identified therefor;_ all
pursuant to and in accordance with such written instructions
from the initial Contracting Party and such other information
and documentation as the Paying Agent/Registrar may reasonably
require.
SECTION 8: Forms. A. Forms Generally. The
Contracts, 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 the Contracts, 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 and such legends and endorsements (including
insurance legends in the event the Contracts, or any
installment amounts thereof, are purchased with insurance and
any reproduction of an opinion of counsel) thereon as may,
consistently herewith, be determined by the officers executing
and delivering such Contracts as evidenced by their execution.
The Contracts shall be printed, lithographed, or engraved
or produced in any other similar manner, all as determined by
the officers executing such Contracts as evidenced by their
execution, but the single fully registered obligation
authorized in Section 7 hereof may be typewritten or
photocopied or otherwise reproduced.
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!3-V
B. General Contract Form.
REGISTERED
NO.
REGISTERED
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION
SERIES 1990
Contract Date: Interest Rate: Payment Date: CUSIP NO:
August 1, 1990
Contracting Party:
Installment Amount:
DOLLARS
The City of Southlake (hereinafter referred to as the
"City"), a body corporate and municipal corporation in the
County of Tarrant, State of Texas, hereby agrees and promises
to pay to the order of the Contracting Party named above, or
the registered assigns thereof, the Installment Amount
hereinabove stated on the Payment Date specified above (without
right of prepayment) and to pay interest on such unpaid
Installment Amount from the Contract 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 1 and August 1 in each year, commencing February 1,
1991. The Installment Amount is payable on the Payment Date
noted above to the Contracting`•. Party upon presentation and
surrender of this Contract to. the Designated Payment/Transfer
Office of the Paying Agent/Registrar executing the registration
certificate appearing hereon, or its successor. Interest is
payable to the Contracting Party of this obligation (or one or
more Predecessor Contracts, as defined in the Ordinance
hereinafter referenced) who appears on the "Contract Register"
maintained by the Paying Agent/Registrar -at the close of
business on the "Record Date", which is the 15th day of the
month next preceding each interest payment date, and interest
shall be paid by the Paying Agent/Registrar by check sent
EWM
United States Mail, first class postage prepaid, to the address
of such Contracting Party recorded in the Contract Register or
by such other method, acceptable to the Paying Agent/Registrar,
requested by, and at the risk and expense of, the Contracting
Party. The Installment Amount of this Contract and interest
thereon shall be paid without exchange or collection charges to
the Contracting Party 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 Contract is one of a number of contracts aggregating
in amount $200,000 (herein referred to as. the "Contracts"),
executed and delivered to finance the acquisition, use or
purchase of personal property, under and in strict conformity
with the Constitution and laws of the State of Texas,
particularly the Public Property Finance Act (V.T.C.A., Local
Government Code, Subchapter A of Chapter 271) and pursuant to
an Ordinance adopted by the City Council of the City (herein
referred to as the "Ordinance").
This Contract is an obligation of the City payable from
the pledged proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the
City and, until disbursed for the acquisition of Property,
amounts held in a special escrow account created and to be
maintained under and pursuant to a Special Escrow Deposit
Agreement, dated August 1, 1990 (the "Special Escrow Deposit
Agreement") by and between the City and Ameritrust Texas
National Association. 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 of the provisions of which the Contracting Party by the
acceptance hereof hereby agrees, for definitions of terms; the
description of and the nature and extent of the taxes pledged
for the payment of the Contracts; -the provisions of the Special
Escrow Deposit Agreement relating to the receipt, safekeeping
and disbursement of funds for the acquisition of the Property;
the terms and conditions relating to the assignment and
transfer of this Contract; the conditions upon which the
Ordinance may be amended or supplemented with or without the
consent of the Contracting Parties; the rights, duties, and
obligations of the City and the Paying Agent/Registrar; the
terms and provisions upon which this Contract may be discharged
at or prior to its Payment Date, and the obligation evidenced
by the Contracts cease to exist as an obligation of the City;
and for other terms and provisions contained therein.
Capitalized terms used herein have the meanings assigned in the
Ordinance.
This Contract, subject to certain limitations contained in
the Ordinance, may be assigned and transferred on the Contract
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 party hereof, or his duly authorized agent. When
a transfer on the Contract Register occurs, one or more new
fully registered Contracts with the same Payment Date, in
authorized amounts, bearing the same rate of interest, and of
the same Installment Amount will be delivered by the Paying
Agent/Registrar to the designated assignee or assignees.
The City and the Paying Agent/Registrar, and any agent of
either, shall treat the registered party whose name appears on
the Contract Register (i) on the Record Date as the Contracting
Party__entitled to payment of interest hereon, (ii) on the date
of surrender of this Contract as the Contracting Party entitled
to payment of the Installment Amounts on the Payment Date, and
(iii) on any other date as the Contracting Party to notify 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. 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 Contracting Party appearing on the
Contract 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 corpokate and political subdivision
duly organized and legally exirst'ing under and by virtue of the
Constitution and laws of the State -of Texas; that the execution
and delivery of the Contracts is duly authorized by law; that
all acts, conditions and things required to exist and be done
precedent to and in the execution and delivery of the Contracts
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;
and that due provision has been made for the payment of the
Contracts and interest thereon as aforestated. In case any
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provision in this Contract 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 Contract
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 Contract to be duly executed under the official
seal of the City as of the Contract Date.
ATTEST:
City Secretary
(SEAL)
CITY OF SOUTHLARE, TEXAS
Mayor
C. *Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Contract
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 Contract has been examined,
certified as to validity and japproved 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)
1
*NOTE TO PRINTER: Omit on definitive Contracts
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/3, 6
D. Form
aaae
ate
S.
istrar
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Contract has been duly delivered and registered under
the provisions of the within -mentioned Ordinance; the contract
or contracts initially executed and delivered by the City
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 principal offices of the Paying Agent/Registrar
located in Dallas, Texas, is the "Designated Payment/Transfer
Office" for this Contract.
Registration Date:
AMERITRUST TEXAS NATIONAL
ASSOCIATION,
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 Contract and all rights
thereunder, and hereby the
constitutes and appoints
....................\...........................
attorn.....e.y....to.transfer the within Contract on the books kept
for registration thereof, with ftrll power of substitution in
the premises.
DATED:
NOTICE: The signature on this
Signature guaranteed: assignment must..c.orrespond with
the name of the registered party
as it appears on the face of the
within Contract in every
particular.
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F. The Initial Contract shall be in the form set forth
paragraph a of this Section, except that the form of t
single fully registered Initial Contract shall be modifi
as follows•
(i) immediately under the headings "Interest Rate
and "Payment Date " shall both be omitted;
(ii) Paragraph one shall read as follows:
Contracting Party:
Contract Amount:
Dollars
The City of Southlake (hereinafter referred to as the
"City"), a body corporate and municipal corporation- in the
County of Tarrant, State .of Texas, hereby agrees and promises
to pay to the order of the Contracting Party named above, or
the registered assigns thereof, the Contract Amount hereinabve
stated on the Payment Dates and in Installment Amounts in
accordance with the following schedule:
PAYMENT DATES
INSTALLMENT AMOUNTS
(Information to be inserted from
schedule in Section 2 hereof).
INTEREST
RATE
(without right of prepayment) and to pay interest on such
unpaid Annual Installment Amounts from the Contract Date at the
per annum rates of interest specified above computed on the
basis of a 360-day year of twelve 30-day months; such
interest being payable on February 1 and August 1 in each
year, commencing February 1, 1991. The Installment Amounts are
payable on the Payment Dates noted above to the Contracting
Party named above or the assigns thereof by Ameritrust Texas
National Association (the "Paying Agent/Registrar"), upon the
presentation and surrender of ,this obligation, at its principal
offices in Dallas, Texas (the -"Designated Payment/Transfer
Office"). Interest is payable to the Contracting Party whose
name appears on the "Contract Register" maintained by the
Paying Agent/Registrar at the close of business on the "Record
Date", which is the 15th 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 Contracting Party
recorded in the Contract Register or by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at
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/3 -- i
the risk and expense of, the Contracting Party. The
Installment Amounts of this Contract and interest thereon shall
be paid without exchange or collection charges to the
Contracting Party 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 9: Levy of Taxes. To provide for the payment
of the Installment Amounts to become due and payable and the
payment of the interest thereon, there is hereby levied, and
there shall be annually assessed and collected in due time,
form, and manner, a tax on all taxable property in the City,
within the limitations prescribed by law, and such tax hereby
levied on each one hundred dollars' valuation of taxable
property in the City shall be at a rate from year to year as
will be ample and sufficient to provide funds each year to pay
(i) the Installment Amounts to become due and payable or an
amount equal to 2% of the Aggregate Contract Amount (whichever
is the greater) and (ii) the accrued interest on the
Installment Amounts to become due and payable; full allowance
being made for delinquencies and costs of collection. Full,
complete and accurate books and records relating to the receipt
and disbursement of taxes levied, assessed and collected for
and on account of the Contracts shall be kept and maintained by
the City at all times while the Contracts are Outstanding, and
the taxes collected annually for the payment of the Contracts
shall be deposited to the credit of a "Special 1990 Contracts
Fund" (the "Sinking Fund") maintained on the records of the
City and at an official depository of the City's funds; and
such tax hereby levied, and to be assessed and collected
annually, is hereby pledged to the payment of the Contracts.
Proper officers of the City are hereby authorized and
directed to cause to be transferred to the Paying Agent/
Registrar, from funds on deposit ,in the Sinking Fund, amounts
sufficient to fully pay and discharge promptly each Installment
Amount and interest on the Contracts as the same accrues or
becomes due and payable; such transfer of funds to be made in
such manner as will cause collected funds to be deposited with
the Paying Agent/Registrar on .or before each Payment Date and
each interest payment date for the"Contracts.
SECTION 10: Mutilated - Destroyed - Lost and Stolen
Contracts. In case a Contract shall be mutilated, or
destroyed, lost or stolen, the Paying Agent/Registrar may
execute and deliver a replacement Contract of like form and_
tenor, and in the same authorized amount and bearing a number
not contemporaneously outstanding, in exchange and substitution
for such mutilated Contract, or in lieu of and in substitution
for such destroyed, lost or stolen Contract, only upon the
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approval of the City and after (i) the filing by the
Contracting Party with the Paying Agent/Registrar of evidence
satisfactory to the Paying Agent/Registrar of the destruction,
loss or theft of such Contract, 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
Contract shall be borne by the Contracting Party of the
Contract mutilated, or destroyed, lost or stolen.
Every replacement Contract 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 Contracts; notwithstanding the
enforceability of payment by anyone of the destroyed, lost, or
stolen Contracts.
SECTION 11: Satisfaction of Obligation of City. If the
City shall pay or cause to be paid, or there shall otherwise be
paid to the Contracting Parties, the Installment Amounts,
together with the accrued interest thereon, at the times and in
the manner stipulated in this Ordinance, then the pledge of
taxes levied under this Ordinance and all covenants,
agreements, and other obligations of the City to the
Contracting Parties shall thereupon cease, terminate, and be
discharged and satisfied.
The Contracts 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 the Installment
Amounts as the same shall become due and payable on the Payment
Dates, 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 Installment Amounts and accrued
interest on and prior to each Payment Date. 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 Contracts to be treated as "arbitrage
obligations" within the meaning of Section 148 of the Internal'i-
Revenue Code of 1986, as amended, or regulations adopted r�
pursuant thereto.
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/3-Y
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 in
excess of the amounts required for the payment of the Contracts
in accordance with the defeasance provisions shall be remitted
to the City or deposited as directed by the City.
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.
The term "Government Securities", as used herein, means
direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United
States of America, which are non -callable prior to the
respective Payment Dates, as the case may be, for the Contracts
and may be United States Treasury Obligations such as the State
and Local Government Series and may be in book -entry form.
SECTION 12: Ordinance a Contract -Amendments - Outstanding
Contracts. This Ordinance shall constitute an agreement with
the Contracting Parties from time to time, be binding on the
City, and shall not be amended or repealed by the City so long
as any of the Contracts remain Outstanding except as permitted
in this Section. The City may, without the consent of or
notice to any Contracting Parties, from time to time and at any
time, amend this Ordinance in any manner not detrimental to the
interests of the Contracting Parties, including the curing of
any ambiguity, inconsistency, or formal defect or omission
herein. In addition, the City may, with the consent of
Contracting Parties to Contracts which are Outstanding and
represent 51% or more of the aggregate Installment Amounts
affected thereby, amend, add to, or rescind any of the
provisions of this Ordinance; provided that, without the
consent of Contracting Parties of all Contracts which are
Outstanding, no such amendment, addition, or rescission shall
(1) extend the time or times of payment of the Installment
Amounts and interest on the Contracts, reduce the Installment
Amounts, or the rate of interest thereon, or in any other way
modify the terms of payment of -the Contracts, (2) give any
preference to any Contract over any other Contract, or
(3) reduce the aggregate Installment Amount of Contracts
required to be held for consent to any such amendment,
addition, or rescission.
The term "Outstanding" when used in this Ordinance with
respect to Contracts means, as of the date of determination,
all Contracts theretofore delivered and registered under this
Ordinance, except:
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(1) those Contracts cancelled or delivered to
the Paying Agent/Registrar for cancellation;
(2) those Contracts for which the
Installment Amounts and all interest payable
thereon has been paid or is deemed to be fully
paid in accordance with the provisions of
Section 11 hereof; and
(3) those mutilated, destroyed, lost, or
stolen Contracts for which replacement obligations
have been registered and delivered in lieu thereof
as provided in Section 10 hereof.
SECTION 13: Covenants to Maintain Tax -Exempt Status.
(a) Definitions. When used in this Section 13, the
following terms have the following meanings:
"Code" means the Internal Revenue Code of 1986,
as amended by all legislation, if any, enacted on or
before the Issue Date.
"Computation Date" has the meaning stated in
Treas. Reg. § 1.148-8T(b)(1).
"Gross Proceeds" has the meaning stated in
Treas. Reg. § 1.148-8T(d).
"Investment" has the meaning stated in Treas.
Reg. § 1.148-8T(e).
"Issue Date" means the date the Contracts are
first authenticated and delivered to the Initial
Contracting Party.
"Nonpurpose Investment" means any Investment in
which Gross Proceeds of the Contracts are invested
and which is .not acgxAred to carry out the
governmental purpose of the Contracts.
"Yield of"
(1) any Investment shall be computed in
accordance with Treas. Reg. §1.148-2T, and
(2) the Contracts has the meaning
in Treas. Reg. § 1.148-3T.
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/3-- 9
stated
(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 Contract 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 shall have received
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 exclusion of
interest on any Contract from gross income for federal income
tax purposes pursuant to Section 103(a) of the Code, 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 Contracts,
(1) exclusively own, operate, and possess all
property the acquisition, construction, or
improvement of which is to be financed directly or
indirectly with Gross Proceeds of the Contracts and
not use or permit the use of such Gross Proceeds or
any property acquired, constructed, or improved with
such Gross Proceeds in any activity carried on by any
person or entity other than a state or local
government, unless such use is solely as a member of
the general public, or
(2) not directly or indirectly impose or accept
any charge or other payment for use of Gross Proceeds
of the Contracts or any property the acquisition,
construction, or improvement of which is to be
financed 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
Contracts 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
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"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, 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 Contracts, directly or
indirectly invest Gross Proceeds of the Contracts in any
Investment (or use such Gross Proceeds to replace money so
invested), if as a result of such investment the Yield of all
Investments allocated to such Gross Proceeds whether then held
or previously disposed of, exceeds the Yield of the Contracts.
(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 Contracts 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 with
the Secretary of the Treasury the information required by
section 149(e) of the Code with respect to the Contracts on
such form and in such place as such Secretary may prescribe.
(h) No Rebate Required. The City warrants and represents
that it satisfies the requirements of paragraph (2) and (3) of
section 148(f) of the Code with respect to the Contracts
without making the payments for the United States described in
such section. Specifically, thd. City warrants and represents
that
(1) the City is a governmental
general taxing powers;
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/3- / D
unit with
(2) at least 95% of the Gross Proceeds of the
Contracts will be used for the local governmental
activities of the City;
(3) the aggregate face amount of all tax-exempt
obligations issued or expected to be issued by the
City (and all subordinate entities thereof) in the
calendar year in which the Contracts are issued is
not reasonably expected to exceed $5,000,000.
SECTION 14: Contracting Party - Special Escrow Deposit
Agreement. The Contracts herein authorized shall be initially
executed and delivered to
(herein referred to as the "Initial
Contracting Party") against payment of the Aggregate Contract
Amount plus accrued interest thereon from the Contract Date to
the date of payment of such Aggregate Contract Amount.
Immediately following the.delivery of the Contracts to the
Initial Contracting Party and in consideration of the
advancement of the Aggregate Contract Amount for the
acquisition or purchase of the Property by the Initial
Contracting Party, the Aggregate Contract Amount shall be
deposited in an escrow fund for safekeeping and disbursement in
accordance with the provisions of the "Special Escrow Deposit
Agreement" (the "Agreement") by and between the City and
Ameritrust Texas National Association (the "Escrow Agent"),
attached hereto as Exhibit B and incorporated herein by
reference as a part of this Ordinance for all purposes, and
such Agreement in substantially the form and substance attached
hereto, together with such changes or revisions as may be
necessary to provide for the safekeeping of such funds and the
disposition thereof for the purchase or acquisition of the
Property identified in Exhibit A, is hereby approved and
authorized to be executed by the Mayor and City Secretary for
and on behalf of the City and as the act and deed of this City
Council; and such Agreement as executed by said officials shall
be deemed approved by the City Council and constitute the
Agreement herein approved. The 'accrued interest received from
the Initial Contracting Party shall be deposited to the credit
of the Sinking Fund and expended to pay the initial interest
payment on the Contracts.
SECTION 15: Offering Memorandum. The Offering
Memorandum prepared in the initial offering of the Contracts by
the City, together with all addendas, supplements and
amendments thereto issued on behalf of the City, is hereby
approved as to form and content, and the City Council hereby
-19-
finds that the information and data contained in said Offering
Memorandum pertaining to the City and its financial affairs is
true and correct in all material respects and no material facts
have been omitted therefrom which are necessary to make the
statements therein, in light of the circumstances under which
they were made, not misleading. The use of such Offering
Memorandum in the reoffering of the Contracts by the Initial
Contracting Party is hereby approved and authorized.
SECTION 16: Control and Custody of Records and Contract
Documents. The Mayor of the City shall be and is hereby
authorized to take and have charge and control of all necessary
orders, records, proceedings, including the Contracts, pending
the investigation and approval of such documents by the
Attorney General of the State of Texas, the registration of the
Contracts by the Comptroller of Public Accounts and their
delivery to the Initial Contracting Party.
Furthermore., the Mayor, City Secretary, City Manager and
Finance Director, 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 execution and
delivery of the Contracts, including certifications as to
facts, estimates, circumstances and reasonable expectations
pertaining to the use, expenditure and investment of the
proceeds thereof, as may be necessary for the approval of the
Attorney General, the registration by the Comptroller of Public
Accounts and the delivery of the Contracts to the Initial
Contracting Party, and, together with the City's financial
advisor, bond counsel and the Paying Agent/Registrar, make the
necessary arrangements for the delivery of such obligations to
the Initial Contracting Party.
SECTION 17: Qualified Tax Exempt Obligations. That in
accordance with the provisions of paragraph (3) of subsection
(b) of Section 265 of the Code, the City hereby designates the
Contracts to be "qualified tax exempt obligations" in that the
Contracts are not "private activity bonds" as defined in the
Code and the reasonably anticipated amount of "qualified tax
exempt obligations" to be issued by the City (including all
subordinate entities of the City) *for the calendar year 1990
will not exceed $10,000,000.
SECTION 18: Notices to Contracting Parties -Waiver.
Wherever this Ordinance provides for notice to Contracting
Parties 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
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13r1 /
address of each Contracting Party appearing in the Contract
Register at the close of business on the business day neat
preceding the mailing of such notice.
In any case where notice to Contracting Parties is given
by mail, neither the failure to mail such notice to any
particular Contracting Party, nor any defect in any notice so
mailed, shall affect the sufficiency of such notice with
respect to all other Contracts. Where this Ordinance provides
for notice in any manner, such notice may be waived in writing
by the Contracting Party 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 a Contracting Party 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 19: -Cancellation. All Contracts surrendered
for payment, prepayment, 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 Contracts
previously certified or registered and delivered which the City
may have acquired in any manner whatsoever, and all Contracts
so delivered shall be promptly cancelled by the Paying
Agent/Registrar. All cancelled Contracts held by the Paying
Agent/Registrar shall be returned to the City.
SECTION 20: Printed Opinion. The Initial Contracting
Party's obligation to accept delivery of the Contracts is
subject to being furnished a final opinion of Fulbright &
Jaworski, Attorneys, Dallas, Texas, approving the Contracts as
to their validity, said opinion to be dated and delivered as of
the date of delivery and payment for the Contracts. Printing
of a true and correct reproduction of said opinion on the
reverse side of each of the :definitive Contracts is hereby
approved and authorized.
SECTION 21: CUSIP Numbers. CUSIP numbers may be
printed or typed on the definitive Contracts. It is expressly
provided, however, that the presence or absence of CUSIP
numbers on the definitive Contracts shall be of no significance
or effect as regards the legality thereof and neither the City
nor attorneys approving the Contracts as to legality are to be
held responsible for CUSIP numbers incorrectly printed or typed
on the definitive Contracts.
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SECTION 22: 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 Contracting Parties, any right,
remedy, or claim, legal or equitable, under or by reason of
this Ordinance or any provision hereof, this Ordinance and all
its provisions being intended to be and being for the sole and
exclusive benefit of the City, the Paying Agent/Registrar and
the Contracting Parties.
SECTION 23: 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 24: Governing Law. This Ordinance and the
Contracts authorized to be executed and delivered hereunder
shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
SECTION 25: Effect of Headings. The Section headings
herein are for convenience only and shall not affect the
construction hereof.
SECTION 26: 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 27: 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 28: 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 Article 6252-17, Vernon's Texas Civil
Statutes, as amended.
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/3--1?i
SECTION 29: 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, August 21, 1990.
PASSED ON SECOND READING AND ADOPTED, this September 4,
1990.
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal) APPROVED AS TO LEGALITY:
4 6 3 ] s
City Attorney
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Number of Items to be
Purchased or Acquired
4i35s
EXHIBIT "A"
LIST OF PROPERTY
Description of Estimated Acquisition
Property Cost Date
EXHIBIT "B"
Payment Request Form No.
To: AMERITRUST TEXAS NATIONAL ASSOCIATION
As Escrow Agent, you are hereby requested to pay from
the Escrow Fund established by the Special Escrow Deposit
Agreement, dated as of August 1, 1990 between the City of
Southlake, Texas (the "City") and the Escrow Agent (the "Escrow
Agent") to the person, corporation or other entity designated
below as Payee, being someone other than an employee or officer
of the City, the sum set forth below such designation. The
City, acting by and through its Authorized Representative,
hereby certifies that [check one or more as appropriate]:
such amount represents [full] (partial] payment
for an item of "Property" (as defined in the
Escrow Agreement) being
and such item of Property [has not
been] [has been] the subject of prior Payment
Request Forms [Nos. ]. Attached
hereto, unless supplied with a previous Payment
Request, is a copy of the invoice, winning bid
form or contract relating to the purchase or
acquisition of such Property.
such amount represents a cost incurred in
connection with the execution and delivery of the
Contracts (as defined in the Special Escrow
Deposit Agreement).
such amounts represents the unexpended balance of
the funds held in the Escrow Fund not needed for
the payment of the costs of acquiring or
purchasing Property and should be transferred to
the Sinking Fund established by the Ordinance.
Payee: _
Address:
Amount:
Dated
CITY OF SOUTHLAKE, TEXAS
Authorized Representative
♦ 6 3 5 9
EXHIBIT B
SPECIAL ESCROW DEPOSIT AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
THIS SPECIAL ESCROW DEPOSIT AGREEMENT, dated as of
August 1, 1990, made by and between the City of Southlake,
Texas, a body corporate and political subdivision of the State
of Texas in Tarrant County, Texas, (the "City") acting by and
through the Mayor and City Secretary and Ameritrust Texas
National Association (the "Escrow Agent"), a banking
association organized and existing under the laws of the United
States of America,
W I T N E S S E T H:
WHEREAS, pursuant to V.T.C.A., Local Government Code,
Subchapter A of Chapter 271 (the Public Property Finance Act),
the City Council is authorized and empowered to execute,
perform and make payments under contracts with any person for
the use, acquisition or purchase of personal property; and
WHEREAS, the City Council of the City has finally
adopted an ordinance (the "Ordinance") on the 4th day of
September, 1990, providing for the execution and delivery of
"City of Southlake, Texas, Public Property Finance Contractual
Obligations, Series 1990" (the "Contracts"), aggregating in
amount $200,000 (the "Aggregate Contract Amount"), and in
return for the execution and delivery of such Contracts, the
Aggregate Contract Amount will be advanced for the purchase or
acquisition of personal property identified in Exhibit A
attached hereto, or such other personal property, appliances,
equipment, furnishings or interests therein, considered by the
City Council to be necessary, useful and/or appropriate for
purposes of the City (the "Property"); and
WHEREAS, the Ordinance further approved and authorized
the execution of this Agreement to provide for the deposit,
safekeeping and disbursement of the Aggregate Contract Amount
advanced by the parties contracting with the City for the
purpose of the acquisition or purchase of the Property; and
WHEREAS, the Escrow Agent is a banking association
organized and existing under the laws of the United States of
America, possessing trust powers and is fully qualified and
empowered to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual
undertakings, promises and agreements herein contained and in
consideration of an escrow fee of $ to be paid by the
City to the Escrow Agent, the City and the Escrow Agent
mutually agree as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
SECTION 1.01. Definitions. Unless the context clearly
indicates otherwise, the following terms shall have the
meanings assigned to them below when they are used in this
Agreement:
"Authorized Representative" shall mean with respect to
the City, the Mayor, City Secretary or City Manager or such
other official or employee of the City as may be designated in
a resolution adopted by the City Council of the City and filed
with the Escrow Agent.
"Authorized Investments" shall mean those securities or
obligations identified and specified in the "Public Funds
Investment Act of 1987", including all amendments thereto.
"Escrow Fund" means the special fund or account
established with the Escrow Agent pursuant to the provisions of
this Agreement for the deposit and safekeeping of the
"Aggregate Contract Amount".
SECTION 1.02. Other Definitions. The terms
"Agreement", "City", "Escrow Agent", "Aggregate Contract
Amount", "Contracts", "Ordinance", and "Property", when they
are used in this Agreement, shall have the meanings assigned to
them in the preamble of this Agreement. Furthermore,
capitalized terms not otherwised defined herein shall have the
same meanings assigned thereto in the Ordinance.
SECTION 1.03. Interpretations. The titles and headings
of the articles and sections of this Agreement have been
inserted for convenience and reference only and are not to be
considered a part thereof and shall not in any way modify or
restrict the terms hereof. Words of the singular number shall
be considered to include the plural, words of the plural number
shall be construed to include the singular and words of the
masculine, feminine and neuter genders shall be construed to
include the other genders. This Agreement and all of the terms
and provisions hereof shall be liberally construed to
effectuate the purposes set forth herein and to achieve the
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intended purpose of providing for (i) the receipt and
safekeeping of the Aggregate Contract Amount advanced by the
Contracting Parties to the City and (ii) the disbursement of
(ar such Aggregate Contract Amount in accordance with the terms of
this Agreement.
ARTICLE II
ESCROW FUND
SECTION 2.01. Escrow Fund Creation. A special
segregated and irrevocable trust fund to be known as the
"Special Public Property Contractual Obligation Escrow
Fund/City of Southlake, Texas/Series 1990" (hereinafter called
the "Escrow Fund") shall be and is hereby established and shall
be maintained by the Escrow Agent for the receipt, deposit,
administration and safekeeping of the Aggregate Contract Amount
pending its use, disbursement and withdrawal; all in accordance
with and in strict conformity with the provisions of this
Agreement.
SECTION 2.02. Escrow Fund Deposit. Immediately
following the receipt of the Aggregate Contract Amount, the
City agrees and covenants to deposit to the credit of the
Escrow Fund all of the Aggregate Contract Amount and the Escrow
Agent agrees to receive and deposit such Aggregate Contract
Amount to the credit of the Escrow Fund and hold such funds for
application and disbursement for the purposes and in the manner
prescribed in this Agreement.
SECTION 2.03. Escrow Fund Characterization. (a) The
Escrow Agent shall hold such Aggregate Contract Amount,
together with income, profits and interest realized from
investing such funds, at all times as a special and separate
trust fund wholly segregated from other moneys and securities
on deposit with the Escrow Agent; shall never commingle the
funds held in the Escrow Fund with other moneys or securities
of the Escrow Agent; and shall hold and dispose of the assets
therein only as set forth herein. Nothing herein contained
shall be construed as requiring the Escrow Agent to keep the
identical moneys, or any part thereof, in said Escrow Fund, if
it is impractical, but moneys of an equal amount, except to the
extent such are represented by the Authorized Investments,
shall always be maintained on deposit in the Escrow Fund by the
Escrow Agent, as trustee; and a special account evidencing such
facts shall at all times be maintained on the books of the
Escrow Agent.
-3-
(b) Legal ownership of or title to all funds or the
Authorized Investments deposited or held for the account of the
Escrow Fund shall be in the Contracting Parties to the
Contracts with equitable or beneficial ownership or title
vested in the vendors or sellers of the Property, and such
legal and beneficial owners as their respective interests may
be determined shall be entitled to a preferred claim and shall
have a first lien upon such funds and Authorized Investments in
the Escrow Fund until paid out, used and applied in accordance
with this Agreement. The funds and Authorized Investments
received by the Escrow Agent under this Agreement shall not be
considered as a banking deposit and the Escrow Agent and the
City shall have no right or title with respect thereto, except
as otherwise provided herein.
SECTION 2.04. Escrow Fund Security. The Escrow Agent
shall continuously secure the monies in the Escrow Fund not
invested in Authorized Investments by a pledge of direct
obligations of the United States of America, in the par or face
amount at least equal to the amount of such uninvested monies
and to the extent such money is not insured by the Federal
Deposit Insurance Corporation. Such securities shall be
deposited with the Escrow Agent or, with the approval of the
City, may be held in safekeeping and custody by a third party
banking institution or trust company.
SECTION 2.05. Escrow Fund Withdrawal. (a) The
Aggregate Contract Amount, together with the income, earnings
and receipts thereon from Authorized Investments, held in the
Escrow Fund shall be disbursed or withdrawn only for one of the
following purposes: (i) the payment of the acquisition or
purchase price of Property, (ii) the payment of fees and costs
incurred in connection with the execution and delivery of the
Contracts or (iii) deposited to the credit of the Sinking Fund
for the payment of the Contracts, and only upon receipt of a
written requisition from an Authorized Representative in
substantially the form and substance of Exhibit B attached
hereto, duly executed and completed in all respects. The
Escrow Agent shall retain on file copies of such written
requisitions for which a disbursement or withdrawal of funds is
made. The Aggregate Contract Amount, together with the income,
earnings and interest received from Authorized Investments,
shall not be subject to checks, drafts or warrants drawn by the
City.
(b) The City shall have the right to make additions or
changes to the items of Property identified in Exhibit A
attached hereto whenever the City Council of the City deems
such additions or changes are necessary and appropriate and
that the costs of acquiring or purchasing such additional or
substituted Property will not cause a shortage of funds in the
-4-
Escrow Fund for any items of Property in process of being
acquired or purchased and the payment of which is dependent
upon having sufficient funds in the Escrow Fund. Prior to a
disbursement or withdrawal of funds from the Escrow Fund to pay
for an item of Property not listed or identified in Exhibit A,
a certified copy of a resolution or order by the City Council
of the City making the findings and determinations noted above
and approving the purchase or acquisition of such additional or
substituted Property shall be filed with the Escrow Agent,
together with the written requisition from an Authorized
Representative required in subparagraph (a) above of this
section. Any substituted Property or additional Property shall
be "Personal Property" within the meaning of, and as defined
in, the Public Property Finance Act.
SECTION 2.06. Escrow Fund Authorized Investments. All
money held by the Escrow Agent pursuant to this Agreement shall
be deposited or invested only in Authorized Investments and
only at the direction of the Authorized Representative of the
City. The City intends that such funds shall be invested in
Authorized Investments so as to obtain the highest yield
practicable, having due regard for the maintenance of the
tax-exempt status of interest on the Contracts from federal
income taxes, the safety of such funds and the date when such
funds will be required for uses and purposes specified in this
Agreement. The City shall direct any investments made by the
Escrow Agent by letter from an Authorized Representative.
All interest and other income received from the
investment of moneys held in the Escrow Fund shall be retained
in the Escrow Fund until disbursed or withdrawn in accordance
with Section 2.05 hereof.
The Escrow Agent shall not be liable for any loss
resulting from the making or disposition of any investment
pursuant to this section, and any such losses shall be charged
to the Escrow Fund.
ARTICLE III
RECORDS AND REPORTS
SECTION 3.01. Records. The Escrow Agent will keep
books of record and account in which complete and correct
entries shall be made of all transactions relating to the
receipts, disbursements, allocations and application of the
money and Authorized Investments deposited to the Escrow Fund
and all proceeds thereof, and such books shall be available for
inspection at reasonable hours and under reasonable conditions
by the City and the Contracting Parties to the Contracts.
-5-
SECTION 3.02. Reports. While this Agreement remains in
effect, the Escrow Agent annually shall prepare and send to the
City a written report summarizing all transactions relating to
the Escrow Fund during the preceding year, together with a
detailed statement of all Authorized Investments and the cash
balance on deposit in the Escrow Fund as of the end of such
period.
ARTICLE IV
CONCERNING THE ESCROW AGENT
SECTION 4.01. Representations. The Escrow Agent hereby
represents that it has all necessary power and authority to
enter into this Agreement and undertake the obligations and
responsibilities imposed upon it herein, and that it will carry
out all of its obligations hereunder.
SECTION 4.02. Limitation on Liability. The Escrow
Agent makes no representations as to the value, conditions or
sufficiency of the Escrow Fund, or any part thereof, or as to
the title of the City thereto, or as to the security afforded
thereby or hereby, and the Escrow Agent shall not incur
liability or responsibility in respect to any of such matters.
It is the intention of the parties hereto that the
Escrow Agent shall never be required to use or advance its own
funds or otherwise incur personal financial liability in the
performance of any of its duties or the exercise of any of its
rights and powers hereunder.
The Escrow Agent shall not be liable for any action
taken or neglected to be taken by it in good faith in any
exercise of reasonable care and believed by it to be within the
discretion or power conferred upon it by this Agreement, nor
shall the Escrow Agent be responsible for the consequences of
any error of judgment; and the Escrow Agent shall not be
answerable except for its own action, neglect or default, nor
for any loss unless the same shall have been through its
negligence or want of good faith.
Unless it is specifically otherwise provided herein, the
Escrow Agent has no duty to determine or inquire into the
happening or occurrence of any event or contingency or the
performance or failure of performance of the City with respect
to arrangements or contracts with others, with the Escrow
Agent's sole duty hereunder being to safeguard the Escrow Fund,
to dispose of and deliver the same in accordance with this
Agreement. If, however, the Escrow Agent is called upon by the
terms of this Agreement to determine the occurrence of any
IM
event_ or contingency, the Escrow Agent shall be obligated, in
making such determination, only to exercise reasonable care and
diligence, and in event of error in making such determination
the Escrow Agent shall be liable only for its own misconduct or
its negligence. In determining the occurrence of any such
event or contingency the Escrow Agent may request from the City
or any other person such reasonable additional evidence as the
Escrow Agent in its discretion may deem necessary to determine
any fact relating to the occurrence of such event or
contingency, and in this connection may make inquiries of, and
consult with, among others, the City at any time.
SECTION 4.03. Rights of Interpleader. In the event of
any disagreement or controversy hereunder or if conflicting
demands or notices are made upon the Escrow Agent growing out
of or relating to this Agreement or in the event that the
Escrow Agent in good faith is in doubt as to what action should
be taken hereunder, the City expressly agrees and consents that
the Escrow Agent shall have the absolute right at its election
to:
(a) Withhold and stop all further
proceedings in, and performance of, this Agreement
with respect to the issue in question and of all
instructions received hereunder in regard to such
issue; and
(b) File a suit in interpleader and obtain
an order from a court of appropriate jurisdiction
requiring all persons involved to interplead and
litigate in such court their several claims and
rights among themselves.
SECTION 4.04. Successor Escrow Agent. If at any time
the Escrow Agent or its legal successor or successors should be
unable, through operation of law or otherwise, to act as escrow
agent hereunder, or if its property or affairs shall be taken
under the control of any state or federal court or
administrative body because of insolvency or bankruptcy or for
any other reason, a vacancy shall forthwith exist in the office
of the Escrow Agent hereunder. In such event the City, by
appropriate action, promptly shall appoint an Escrow Agent to
fill such vacancy. If no successor escrow agent shall have
been appointed by the City within 60 days, a successor may be
appointed by the Contracting Parties to Contracts representing
at least 51% of unpaid Aggregate Contract Amount by an
instrument or instruments in writing filed with the City,
signed by such Contracting Parties or by their duly authorized
attorneys -in -fact. If, in a proper case, no appointment of a
successor escrow agent shall be made pursuant to the foregoing
provisions of this section within three months after a vacancy
-7-
shall have occurred, the Contracting Party to any Contract may
apply to any court of competent jurisdiction to appoint a
successor escrow agent. Such court may thereupon, after such
notice, if any, as it may deem proper, prescribe and appoint a
successor escrow agent.
Any successor escrow agent shall be a corporation
organized and doing business under the laws of the United
States or the State of Texas, authorized under such laws to
exercise corporate trust powers, having its principal office
and place of business in the State of Texas, having a combined
capital and surplus of at least $5,000,000 and subject to the
supervision or examination by Federal or State authority.
Any successor escrow agent shall execute, acknowledge
and deliver to the City and the Escrow Agent an instrument
accepting such appointment hereunder, and the Escrow Agent
shall execute and deliver an instrument transferring to such
successor escrow agent, subject to the terms of this Agreement,
all the rights, powers and trusts of the Escrow Agent
hereunder. Upon the request of any such successor escrow
agent, the City shall execute any and all instruments in
writing for more fully and certainly vesting in and confirming
to such successor escrow agent all such rights, powers and
duties.
ARTICLE V
MISCELLANEOUS
SECTION 5.01. Notice. Any notice, authorization,
request, or demand required or permitted to be given hereunder
shall be in writing and shall be deemed to have been duly given
when mailed by registered or certified mail, postage prepaid
addressed to the City or the Escrow Agent as follows:
CITY:
City of Southlake, Texas
667 N. Carroll Avenue
Southlake, Texas 76092
Attention: City Manager
ESCROW AGENT:
Ameritrust Texas National Association
P. O. Box 2320
Dallas, Texas 75221-2320
Attention: Debt Administration
Iff:10
The United States Post Office registered or certified mail
receipt showing delivery of the aforesaid shall be conclusive
evidence of the date and fact of delivery. Any party hereto
may change the address to which notices are to be delivered by
giving to the other parties not less than ten (10) days prior
notice thereof.
SECTION 5.02. Termination of Responsibilities. Upon
the taking of all the actions as described herein by the Escrow
Agent, the Escrow Agent shall have no further obligation or
responsibilities hereunder to the City, the Contracting Parties
to the Contracts or to any other person or persons in
connection with this Agreement.
SECTION 5.03. Binding Agreement. This Agreement shall
be binding upon the City and the Escrow Agent and their
respective successors and legal representatives, and shall
inure solely to the benefit of the Contracting Parties to the
Contracts, the City, the Escrow .Agent and their respective
successors, assigns and legal representatives.
SECTION 5.04. Severability. In case any one or more of
the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provisions of this Agreement, but this
Agreement shall be construed as if such invalid or illegal or
unenforceable provision had never been contained herein.
SECTION 5.05. Texas Law Governs. This Agreement shall
be governed exclusively by the provisions hereof and by the
applicable laws of the State of Texas.
SECTION 5.06. Time of the Essence. Time shall be of
the essence in the performance of obligations from time to time
imposed upon the Escrow Agent by this Agreement.
SECTION 5.07. Amendments. This Agreement shall not be
amended except to cure any ambiguity or formal defect or
omission in this Agreement. No amendment shall be effective
unless the same shall be in writing and signed by the parties
thereto. No such amendment shall adversely affect the rights
of the Contracting Parties to the Contracts.
SECTION 5.08. Counterparts. This Agreement may be
executed in several counterparts, all or any of which shall be
regarded for all purposes as one original and shall constitute
and be but one and the same instrument.
ME
IN WITNESS WHEREOF, the parties hereto have each caused
this Agreement to be executed by their duly authorized officers
and their corporate seals to be hereunto affixed and attested
as of the date first above written.
EXECUTED as of the date first written above.
ATTEST:
City Secretary
(SEAL)
ATTEST:
Title:
(BANK SEAL)
4 6 3 S 3
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CITY OF SOUTHLAKE, TEXAS
By
Mayor
AMERITRUST TEXAS NATIONAL
ASSOCIATION
By
Title:
-- t-,ny ut JUU(MdKe, I eXdb
RESOLUTION NO.90-62
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A "PAYING AGENT/REGISTRAR
AGREEMENT" IN RELATION TO THE CITY OF SOUTH -
LAKE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACT
OBLIGATIONS, SERIES 1990 AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED THERETO.
WHEREAS, on this date the City Council of the City of
Southlake, Texas provided for the execution and delivery of
"City of Southlake, Texas, Public Property Finance Contractual
Obligations, Series 1990", dated August 1, 1990 (the
"Securities"); such securities to be issued in fully registered
form only; and
WHEREAS, in relation to the payment,
transfer and exchange of said Securities,
Agent/Registrar selected therefor is Ameritrust
Association; and
registration,
the Paying
Texas National
WHEREAS, a "Paying Agent/Registrar Agreement" by and
between the City and said Bank has been prepared and submitted to
the City Council for approval and execution, such Agreement,
setting forth the duties and responsibilities of the Paying
Agent/Registrar for such Securities, being attached hereto as
Exhibit A and incorporated herein by reference as a part of this
Resolution for all purposes; and
WHEREAS, the City Council hereby finds and determines
that such "Paying Agent/Registrar Agreement" should be approved
and execution of the same for and on behalf of the City
authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, that the "Paying Agent/Registrar Agreement" by
and between the City and Ameritrust Texas National Association
relating to the above described Securities, attached hereto as
Exhibit A, is hereby approved as to form and content, and the
Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same form
and content herein approved for and on behalf of the City and as
the act and deed of this City Council.
PASSED AND APPROVED this the day of
Vity ut buulmake, T exas---
Resolution 90-62, "Paying Agent/Registrar"
page two
CITY OF SOUTHLARE, TEXAS
By:
Gary Fic es, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of September 4, 1990 (this
"Agreement"), by and between the City of Southlake, Texas (the
"Issuer"), and Ameritrust Texas National Association, a banking
association duly organized and existing under the laws of the
United States of America, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for
the execution and delivery of its "City of Southlake, Texas,
Public Property Finance Contractual Obligations, Series 1990"
(the "Contracts") in the aggregate amount of $200,000, such
Contracts to be issued in fully registered form only as to the
payment of the Installment Amounts and interest thereon; and
WHEREAS, the Contracts are scheduled to be delivered -to
the initial contracting party on or about September 25, 1990;
and
WHEREAS, the Issuer has selected the Bank to serve as
paying agent, registrar and transfer agent with respect to such
Contracts; and
WHEREAS, the Bank has agreed to serve in such capacities
for and on behalf of the Issuer and is duly qualified and
otherwise capable of performing the duties and responsibilities
contemplated by this Agreement with respect to the Contracts;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment.
The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Contracts, and, as Paying Agent for
the Contracts, the Bank shall be responsible for paying on
behalf of the Issuer the Installment Amounts and accrued
interest thereon as the same shall become due and payable to
the Contracting Parties; all in accordance with this Agreement
and the "Contract Resolution" (hereinafter defined). The
Issuer hereby appoints the Bank as Registrar with respect to
i4/-3
the Contracts and, as Registrar for the Contracts, the Bank
shall keep and maintain for and on behalf of the Issuer books
and records as to the parties to said Contracts entitled to
payment and with respect to the transfer and exchange thereof
(W as provided herein and in the "Contract Resolution".
The Bank hereby accepts its appointment, and agrees to
serve as the Paying Agent and Registrar for the Contracts.
Section 1.02. Compensation.
As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the
fees and amounts set forth in Annex A attached hereto for the
first year of this Agreement and thereafter the fees and
amounts set forth in the Bank's current fee schedule then in
effect for services as Paying Agent/Registrar for
municipalities, which shall be supplied to the Issuer on or
before 90 days prior to the close of the Fiscal Year of the
Issuer, and shall be effective upon the first day of the
following Fiscal Year.
In addition, the issuer agrees to reimburse the Bank upon
its request for all reasonable expenses, disbursements and
advances incurred or made by the Bank in accordance with any of
the provisions hereof (including the reasonable compensation
and the expenses and disbursements of its agents and counsel).
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions.
For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Contract means the date on
and after which the Installment Amounts or any or all
accrued interest- thereon, or both, are due and payable on
any Contract which has become accelerated pursuant to the
terms of the Contract.
"Bank Office" means the principal offices of the Bank
located in Dallas, Texas, as indicated on page 12 hereof.
The Bank will notify the Issuer in writing of any change
in location of the Bank Office.
-2-
/9(-Z/
"Contract Register" means a register maintained by
the Bank on behalf of the Issuer providing for the
registration and transfers of Contracts.
"Contract Resolution" means the resolution, order, or
ordinance of the governing body of the Issuer pursuant to
which the Contracts are authorized to be executed and
delivered, certified by the Secretary or any other officer
of the Issuer and delivered to the Bank.
"Contracting Party" means the Person in whose name a
Contract is registered in the Contract Register.
"Fiscal Year" means the fiscal year of the Issuer,
ending September 30th.
"Issuer Request" and "Issuer Order" means a written
request or order signed in the name of the Issuer by the
Mayor, City Secretary, Finance Director or City Manager,
any one or more of said officials, and delivered to the
Bank.
"Legal Holiday" means a day on which the Bank is
required or authorized to be closed.
"Payment Date" means the date specified in the
Contract Resolution the Installment Amounts are scheduled
to be due and payable.
"Person" means any individual, corporation,
partnership, joint venture, association, joint stock
company, trust, unincorporated organization or government
or any agency or political subdivision of a government.
"Predecessor Contracts" of any particular Contract
means every previous Contract evidencing all or a portion
of the same obligation as that evidenced by such
particular Contract (and, for the purposes of this
definition, any mutilated, lost, destroyed, or stolen
Contract for which a replacement Contract has been
registered and delivered in lieu thereof pursuant to
Section 4.06 hereof and the Contract Resolution).
"Prepayment Date" when used with respect to any
Contract to be prepaid means the date fixed for such
prepayment pursuant to the terms of the Contract
Resolution.
-3-
"Responsible Officer" when used with respect to the
Bank means the Chairman or Vice -Chairman of the Board of
Directors, the Chairman or Vice -Chairman of the Executive
Committee of the Board of Directors, the President, any
Vice President, the Secretary, any Assistant Secretary,
the Treasurer, any Assistant Treasurer, the Cashier, any
Assistant Cashier, any Trust Officer or Assistant Trust
Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of
the above designated officers and also means, with respect
to a particular corporate trust matter, any other officer
to whom such matter is referred because of his knowledge
of and familiarity with the particular subject.
Section 2.02. Other Definitions.
The terms "Bank," "Issuer," and "Contracts (Contract)"
have the meanings assigned to them in the recital paragraphs of
this Agreement. Unless otherwise defined herein, capitalized
terms used herein shall have the same meanings ascribed thereto
in the Contract Resolution.
The term "Paying Agent/Registrar" refers to the Bank in
the performance of the duties and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent.
As Paying Agent, the Bank shall, provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
Installment Amount of each Contract on its Payment Date,
Prepayment Date, or Acceleration Date, to the Contracting Party
upon surrender of the Contract to the Bank at the Bank Office.
As Paying Agent, the Bank shall, provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
interest on each Contract when due, by computing the amount of
interest to be paid each Contracting Party and making payment
thereof to the Holders of the Securities (or their Predecessor
Securities) on the Record Date. All payments of Installment
Amounts and/or interest on the Contracts to the Contracting
Party shall be accomplished (1) by the issuance of checks,
payable to the Contracting Party, drawn on the fidicuary
account provided in Section 5.05 hereof, sent by United States
mail, first class, postage prepaid, to the address appeari64'Sn
the Contract Register or (2) by such other method, acceptable
to the Bank, requested in writing by the Contracting Party at
the Contracting Party's risk and expense.
Section 3.02. Payment Dates.
The Issuer hereby instructs the Bank to pay the
Installment Amounts of the Contracts and the interest thereon
at the dates specified in the Contract Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Contract Register - Transfers and Exchanges.
The Bank agrees to keep and maintain for and on behalf of
the Issuer at the Bank Office books and records (herein
sometimes referred to as the "Contract Register") for recording
the names and addresses of the Contracting Parties to the
Contracts, the transfer, exchange and replacement of the
Contracts and the payment of the Installment Amounts and
interest on the Contracts to the Contracting Parties and
containing such other information as may be reasonably required
by the Issuer and subject to such reasonable regulations as the
Issuer and Bank may prescribe. All transfers, exchanges and
replacement of Contracts shall be noted in the Contract
Register.
Every Contract surrendered for transfer or exchange shall
be duly endorsed or be accompanied by a written instrument of
transfer, the signature on which has been guaranteed by an
officer of a federal or state bank or a member of the National
Association of Securities Dealers, in form satisfactory to the
Bank, duly executed by the Contracting Party or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels
necessary to effect a re -registration, transfer or exchange of
the Contracts.
To the extent possible and under reasonable circumstances,
the Bank agrees that, in relation to an exchange or transfer of
Contracts, the exchange or transfer by the Contracting Parties
will be completed and new Contracts delivered to the
Contracting Party or the assignee of the Contracting Party in
not more than three (3) business days after the receipt of the
Contracts to be cancelled in an exchange or transfer and the
written instrument of transfer or request for exchange duly
executed by the Contracting Party, or his duly authorized
agent, in form and manner satisfactory to the Paying
Agent/Registrar.
-5-
/V- 7
Section 4.02. Certificates.
The Issuer shall provide an adequate inventory of printed
Contracts to facilitate transfers or exchanges thereof. The
(W Bank covenants that the inventory of printed Contracts will be
kept in safekeeping pending their use and reasonable care will
be exercised by the Bank in maintaining such Contracts in
safekeeping, which shall be not less than the care maintained
by the Bank for debt securities of other governments or
corporations for which it serves as registrar, or that is
maintained for its own securities.
Section 4.03. Form of Contract Register.
The Bank, as Registrar, will maintain the Contract
Register relating to the registration, payment, transfer and
exchange of the Contracts in accordance with the Bank's general
practices and procedures in effect from time to time. The Bank
shall not be obligated to maintain such Contract Register in
any form other than those which the Bank has currently
available and currently utilizes at the time.
The Contract Register may be maintained in written form or
in any other form capable of being converted into written form
within a reasonable time.
Section 4.04. List of Contracting Parties.
The Bank will provide the Issuer at any time requested by
the Issuer, upon payment of the required fee, a copy of the
information contained in the Contract Register. The Issuer may
also inspect the information contained in the Contract Register
at any time the Bank is customarily open for business, provided
that reasonable time is allowed the Bank to provide an
up-to-date listing or to convert the information into written
form.
The Bank will not release or disclose the contents of the
Contract Register to any person other than to, or at the
written request of, an authorized officer or employee of the
Issuer, except upon receipt of a court order or as otherwise
required by law. Upon receipt of a court order and prior to
the release or disclosure of the contents of the Contract
Register, the Bank will notify the Issuer so that the Issuer
may contest the court order or such release or disclosure of
the contents of the Contract Register.
-6-
/T—g
Section 4.05. Return of Cancelled Certificates.
The Bank will, at such reasonable intervals as it
determines, surrender to the Issuer, Contracts in lieu of which
or in exchange for which other Contracts have been issued, or
which have been paid.
Section 4.06. Mutilated, Destroyed, Lost or Stolen Con-
tracts.
The Issuer hereby instructs the Bank, subject to the
provisions of Section 10 of the Contract Resolution, to deliver
and issue Contracts in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Contracts as long as the same does
not result in an overissuance.
In case any Contract shall be mutilated, or destroyed,
lost or stolen, the Bank, in its discretion, may execute and
deliver a replacement Contract of like form and tenor, and in
the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for
such mutilated Contract, or in lieu of and in substitution for
such destroyed lost or stolen Contract upon approval by the
Issuer and after (i) the filing by the Contracting Party with
the Bank of evidence satisfactory to the Bank of the
destruction, loss or theft of such Contract, and of the
authenticity of the ownership thereof and (ii) the furnishing
to the Bank of indemnification in an amount satisfactory to
hold the Issuer and the Bank harmless. All expenses and
charges associated with such indemnity and with the
preparation, execution and delivery of a replacement Contract
shall be borne by the Contracting Party to the Contract
mutilated, or destroyed, lost or stolen.
Section 4.07. Transaction Information to Issuer.
The Bank will, within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information
as to the Contracts it has paid pursuant to Section 3.01,
Contracts it has delivered upon the transfer or exchange of any
Contracts pursuant to Section 4.01, and Contracts it has
delivered in exchange for or in lieu of mutilated, destroyed,
lost, or stolen Contracts pursuant to Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank.
The Bank undertakes to perform the duties set forth herein
and agrees to use reasonable care in the performance thereof.
-7-
1y-9
Section 5.02. Reliance on Documents, Etc.
(a) The Bank may conclusively rely, as to the truth of
the statements and correctness of the opinions expressed
(W therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of
judgment made in good faith by a Responsible Officer, unless it
shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the
Bank to expend or risk its own funds or otherwise incur any
financial liability for performance of any of its duties
hereunder, or in the exercise of any of its rights or powers,
if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it.
(d) The Bank may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
direction, consent, order, bond, note, security, or other paper
or document believed by it to be genuine and to have been
signed or presented by the proper party or parties. Without
limiting the generality of the foregoing statement, the Bank
need not examine the ownership of any Contracts, but is
protected in acting upon receipt of Contracts containing an
endorsement or instruction of transfer or power of transfer
which appears on its face to be signed by the Contracting Party
or an agent of the Contracting Party. The Bank shall not be
bound to make any investigation into the facts or matters
stated in a resolution, certificate, statement, instrument,
opinion, report, notice, request, direction, consent, order,
bond, note, security, or other paper or document supplied by
Issuer.
(e) The Bank may consult with counsel, and the written
advice of such counsel or any opinion of counsel shall be full
and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good
faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and
perform any duties hereunder either directly or by or through
agents or attorneys of the Bank.
Section 5.03. Recitals of Issuer.
The recitals contained herein with respect to the Issuer
and in the Contracts shall be taken as the statements of the
Issuer, and the Bank assumes no responsiblity for their
correctness.
The Bank shall in no event be liable to the Issuer, any
Contracting Party to any Contract, or any other Person for any
amount due on any Contract from its own funds.
Section 5.04. May Hold Contracts.
The Bank, in its individual or any other capacity, may
become the owner or pledgee of Contracts and may otherwise deal
with the Issuer with the same rights it would have if it were
not the Paying Agent/Registrar, or any other agent.
Section 5.05. Moneys Held by Bank - Fiduciary Account/
Collateralization.
A fiduciary account shall at all times be kept and
maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for
the payment of the Contracts, and money deposited to the credit
of such account until paid to the Contracting Parties to the
Contracts shall be continuously collaterialized by securities
or obligations which qualify and are eligible under both the
laws of the State of Texas and the laws of the United States of
America to secure and be pledged as collateral for fiduciary
accounts to the extent such money is not insured by the Federal
Deposit Insurance Corporation. Payments made from such
fiduciary account shall be made by check drawn on such
fiduciary account unless the Contracting Party shall, at its
own expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any
money received by it hereunder.
Subject to the applicable unclaimed property laws of the
State of Texas, any money deposited with the Bank for the
payment of any Contract, including interest thereon, and
remaining unclaimed for four years after final maturity of the
Contract has become due and payable will be paid by the Bank to
the Issuer, and the Contracting Party to such Contract shall
thereafter look only to the Issuer for payment thereof, and all
liability of the Bank with respect to such moneys shall
thereupon cease.
-9-
Section 5.06. Indemnification.
To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss,
liability, or expense incurred without negligence or bad faith
on its part, arising out of or in connection with its
acceptance or administration of its duties hereunder, including
the cost and expense against any claim or liability in
connection with the exercise or performance of any of its
powers or duties under this Agreement.
Section 5.07. Interpleader.
The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over
its person as well as funds on deposit, in either a Federal or
State District Court located in the State and County where
either the Bank Office or the administrative offices of the
Issuer is located, and agree that. service of process by
certified or registered mail, return receipt requested, to the
address referred to in Section 6.03 of this Agreement shall
constitute adequate service. The Issuer and the Bank further
agree that the Bank has the right to file a Bill of
Interpleader in any court of competent jurisdiction to
determine the rights of any Person claiming any interest
herein.
Section 5.08. DT Services.
It is hereby represented and warranted that, in the event
the Contracts are otherwise qualified and accepted for
"Depository Trust Company" services or equivalent depository
trust services by other organizations, the Bank has the
capability and, to the extent within its control, will comply
with the "Operational Arrangements", effective August 1, 1987,
which establishes requirements for securities to be eligible
for such type depository trust services, including, but not
limited to, requirements for the timeliness of payments and
funds availability, transfer turnaround time, and notification
of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment.
This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6.02. Assignment.
This Agreement may not be assigned by either party without
the prior written consent of the other.
-10-
1 &/_ / Z
Section 6.03. Notices.
Any request, demand, authorization, direction, notice,
consent, waiver, or other document provided or permitted hereby
to be given or furnished to the Issuer or the Bank shall be
(W mailed or delivered to the Issuer or the Bank, respectively, at
the addresses shown on page 12.
Section 6.04. Effect of Headings.
The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.05. Successors and Assigns.
All covenants and agreements herein by the Issuer shall
bind its successors and assigns, whether so expressed or not.
Section 6.06. Severability.
In case any provision herein 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.
Section 6.07. Benefits of Agreement.
Nothing herein, express or implied, shall give to any
Person, other than the parties hereto and their successors
hereunder, any benefit or any legal or equitable right, remedy,
or claim hereunder.
Section 6.08. Entire Agreement.
This Agreement and the Contract Resolution constitute the
entire agreement between the parties hereto relative to the
Bank acting as Paying Agent/Registrar and if any conflict
exists between this Agreement and the Contract Resolution, the
Contract Resolution shall govern.
Section 6.09. Counterparts.
This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all
of which shall constitute one and the same Agreement.
Section 6.10. Termination.
This Agreement will terminate (i) on the date of final
payment of the Installment Amounts and interest on the..
Contracts to the Contracting Parties thereof or (ii) may be
earlier terminated by either party upon sixty (60) days written
-11-
/ x1-/3
notice; provided, however, an early termination of this
Agreement by either party shall not be effective until (a) a
successor Paying Agent/Registrar has been appointed by the
Issuer and such appointment accepted and (b) notice given to
the Contracting Parties to the Contracts of the appointment of
a successor Paying Agent/Registrar. Furthermore, the Bank and
.Issuer mutually agree that the effective date of an early
termination of this Agreement shall not occur at any time which
would disrupt, delay or otherwise adversely affect the payment
of the Contracts.
Upon an early termination of this Agreement, the Bank
agrees to promptly transfer and deliver the Contract Register
(or a copy thereof), together with other pertinent books and
records relating to the Contracts, to the successor Paying
Agent/Registrar designated and appointed by the Issuer.
The provisions of Section 1.02 and of Article Five shall
survive and remain in full force and effect following the -
termination of this Agreement.
Section 6.11. Governing Law.
This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
[SEAL]
Attest:
Title:
(CITY SEAL)
Attest:
City Secretary
4690s
Ameritrust Texas National
Association
BY
Title:
Address: P. O. Box 2320
Dallas, Texas 75221-2320
CITY OF SOUTHLAKE, TEXAS
BY
Mayor
Address: 667 N. Carroll Avenue
Southlake, Texas 76092 ..
-12-
City of Southlake, Texas
'C0=
MEMO RAND UM -,v- CIO
August 31, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Water and Sewer Rate Study
On August 21, 1990 the water and sewer rate
consultants presented to the Council a final draft report
for the Water and Sewer Rate Study. The consultants gave an
overview of the report which recommended that a 13.75%
increase be added to the City's existing water rates to
produce adequate revenue to cover expenses and debt for the
coming budget year 90-91.
Four alternatives were included in the report
suggesting different ways that the increase could be
distributed. The Council held a meeting on Thursday, August
30, 1990, to decide what alternative would be the best for
Southlake. It was agreed at the meeting that the existing
rate structure was the best alternative for the City and
that the 13.75% increase would be added to the existing rate
structure.
Therefore, please place the water and sewer rate
increase on the Council's agenda for consideration.
MHB/lc
City of Southlake, Texas
M E M O R A N D U M
August 31, 1990
TO: Honorable Mayor Fickes and City Council Members
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Ordinance No. 520, Water Rates
A note to let you know that Ordinance No. 520, Water Rates,
will be ready for you on Tuesday.
Thank you-----------
CITY OF SOUTHLAK-E-,--P
ORDINANCE NO. 520
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING ORDINANCE NO. 495, SECTION 1,
ESTABLISHING A RATE FOR WATER SERVICE AND
SANITARY SEWER SERVICE; ESTABLISHING AN
EFFECTIVE DATE.
BE IT-NED BY THE CIJ-Y-�UNCIL OF S AS:
SECTION 1
That the following rate schedule is hereby adopted for water
rates for residential and commercial subscribers to the Southlake
Municipal Water System.
RESIDENTIAL SUBSCRIBERS:
I. Subscribers living within the corporate limits of the
City of Southlake:
A. Standard Rate:
1st 2,000 gallons used
26.16
Each 1,000 gallons or any portion thereof
in excess of 2,000 gallons used up to
100,000 gallons 3.14
Usage in excess of 100,000 gallons 3.92
B. Elderly/Hardship Rate:
1st 2,000 gallons used
11.38
Each 1,000 gallons or any portion thereof
in excess of 2,000 gallons used up to
100,000 gallons 2.73
Usage in excess of 100,000 gallons 3.41
II. Subscribers living outside of the corporate city limits
of the City of Southlake, Texas, but within the service
area of the Southlake Municipal Water System:
A. Standard Rate:
(W 1st 2,000 gallons 34.01
Each 1,000 gallons or any portion thereof
in excess of 2,000 gallons used to
100,000 gallons 3.14
Usage in excess of 100,000 gallons 3.92
COMMERCIAL RATE
I. Standard Rate for
all Commercial
Subscribers:
A. Minimum Rate
regardless of
usage based upon
meter size.
i"
for 1st 3,000
gallons used
41.20
1-1/2"
for 1st 5,000
gallons used
68.02
2"
for 1st 7,000
gallons used
94.84
3"
for 1st 10,000
gallons used
136.05
4"
for 1st 12,000
gallons used
162.87
6"
for 1st 15,000
gallons used
204.07
8"
for 1st 18,000
gallons used
245.28
B. All usage in
excess of amount
set forth for
minimum
rate shall be charged at the rate of 3.14
per. -1:4000
gallons, or
any portion thereof,
used.
SECTION 2
That a monthly flat rate of $25.00 for sanitary Sewer Services
is established and shall be
collected for
each sewer customer.
SECTION 3
That this ordinance shall become effective October 1, 1990.
PASSED AND APPROVED on the 1st reading the day of
1990.
MAYOR
ATTEST:
CITY SECRETARY
-2-
El
PASSED AND APPROVED on the 2nd reading the day of
1990.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
MAYOR
ATTEST:
CITY SECRETARY
-3-
0
ORDINANCE NO. 495
AN ORDINANCE OF THE CITY OF SODTHLAXZr TEXAS, INCREASING
WATER RATES FOR RESIDENTIAL AND COMMERCIAL USERS;
PROVIDING ELDERLY/HARDSHIP RATES FOR RESIDENTIAL
SUBSCRIBERS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES= PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas is
committed to the principal of establishing water rates adequate to
pay the costs of water service provided to subscribers of the
Southlake Municipal Water System, including both operating and debt
service costs; and
WHEREAS, operating costs have increased due to increased costs
for power, personnel, materials and treated water from the City of
Fort Worth; and
WHEREAS, the City Council is of the opinion that the rates for
water service should be increased as hereinafter set out in order
to pay for the costs of such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLM(Z, TEXAS:
SECTION 1
That the following rate schedule is hereby adopted for water
rates for residential and commercial subscribers to the Southlake
Municipal Water System, effective with the bills that are mailed
in February 1990 and continuing in effect until otherwise amended:
-1-
I. Subscribers living within the corporate limits of the
City of Southlake:
A. Standard Rate: 1st 2,000 gallons used 23.00
Each 1,000 gallons or
any portion thereof in
excess of 2,000 gallons
used up to 100,000 gallons 2.76
Usage in excess of 100,000
gallons 3.45
B. Elderly/Hardship Rate:
1st 2,000 gallons used 10.00
Each 1,000 gallons or any
portion thereof in excess
of 2,000 gallons used up
to 100,000 gallons 2.40
Usage in excess of 100,000
gallons 3.00
II. Subscribers living outside of the corporate city limits
of the City of Southlake, Texas, but within the service
area of the Southlake Municipal Water System:
A. Standard Rate: 1st 2,000 gallons 29.90
Each 1,000 gallons or
any portion thereof in
excess of 2,000 gallons
used up to 100,000 gallons 2.76
Usage in excess of 100,000
gallons 3.45
-2-
CO MRCIAL RATE
I. Standard Rate for all Commercial Subscribers:
A. Minimum
Rate
regardless of usage
based
upon meter
size.
1"
for
1st 3,000 gallons used
36.22
1 1/2"
for
1st 5,000 gallons used
59.80
2"
for
1st 7,000 gallons used
83.38
3"
for
1st 10,000 gallons
used
119.60
4"
for
1st 12,000 gallons
used
143.18
6"
for
1st 15,000 gallons
used
179.40 ,
8"
for
1st 18,000 gallons
used
215.63
B. All usage in excess of amount set
forth
for minimum
rate shall
be
charged at the rate
of 2.76 per 1,000
gallons,
or any portion thereof,
used.
SECTION 2
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 3
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
-3-
sections of this ordinance, since the same would have been enacted
(W by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
Al 1.0,&A ly
1990.
y
=Zv ? 7ST:
1z
"CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
ram. Sp . ,..... �• s
r; :s
* _♦ 41
ATT T:
ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: l — 17 - 70
ADOPTED : ' d
EFFECTIVE: OS _ / '" / U
c:\slake\ord.17
M.
DAY OF
City of Southlake, Texas
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-35, Zoning Change Request
ZA 90-35 is a zoning change request for 43.222 acres out of
the S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A.
The property is located West of the Carroll Elementary
School on the south side of West Continental Blvd.
The owner of the property is Continental Joint Venture.
The current zoning is Agricultural; the requested zoning is
SF 20 A.
The City Council denied (5-0) a SF-20B request on September
19, 1989 for this property. Ordinance No. 480, Section 46.4
states that "a zoning application for the same action and
for the same property which has been previously denied by
the City Council may not be re -initiated for a period of at
least six (6) months from date of denial unless the
application was denied without prejudice."
The owner requested a variance from the Board of Adjustment
to the minimum 50-acre requirement for a residential Planned
Unit Development. This request was denied by the Board of
Adjustment on November 14, 1989.
There were nine (9) letters sent to property owners within
200 feet. To date, there have been two (2) inquiries: Mr.
Robert Goode, 1080 S. Peytonville Avenue, was opposed due to
safety concerns (anticipated overflights at 70' to 170', FAA
will not allow Goode Airport flights to be routed further
East due to DFW airspace.) Betsy Shatley, Tex Art Stone Co,
8900 Davis Blvd., was opposed due to her growing industrial
business and the potential problem this would cause the
prospective homebuyers, herself and the City.
On August 9, 1990, the Planning and Zoning Commission
recommended approval (4-1) of the SF-20A request.
On August 21, 1990, the City Council approved (4-1) the
First Reading of Ordinance No. 480-26. They suggested that
an avigation release and noise reduction details be worked
out prior to the Second Reading.
16-!
City of Southlake, Texas
Curtis E. Hawk, City
August 24, 1990
Page Two
Manager
Please see attached memo from Cheatham and Associates
regarding the minimum lot width of 100 feet. Item No. 4 did
not appear on the second review letter dated August 15,
1990. Should the City Council wish to maintain the 100-foot
lot width requirement, this issue could be addressed during
the September 4, 1990 meeting.
KPG
i6-z
CHEATHAM AND ASSOCIATES
MEMO
To: Mayor Date:
City Council Members
From: Greg Last
August 23, 1990
Re: Country Walk Add.
Preliminary Plat &
Concept Plan
The following item was inadvertently omitted from our second
review letter dated August 15, 1990 for the above referenced
addition.
Item No.4
The following lots appear not to meet the minimum lot width
of 100 feet at the building line: Block 1, Lots 6, 7, 8,
11, 17, 23, 24, 30, 31 and 32; Block 2, Lots 15 and 16.
This item was not required as part of the approval by the
Planning and Zoning Commission when referencing our Preliminary
Plat first review letter dated July 27, 1990. It was our
intention, however, to leave this item on the second letter for
consideration by the City Council.
We would appreciate the Council's review of this item and offer
the following options for action in regards to this item.
A. Disregard item No. 4 and approve plat as submitted.
B. Require reworking of lots to obtain 100' lot width at
the 35' building lines.
C. Require moving the setbacks back to the point where
there is 100' width at the setback line.
We regret any inconveniences caused by this omission. This item
may impact the preparation of the Final Plat for this addition
and we would like to make the applicant aware of the Council's
recommendation prior to our review of the final plat.
\southlak\cwa.mem
cc: Nelson Corporation
CITY OF SOUTHLAKE
APPLICATION FOR AMENDMENT TO ZONING MAP
Application No. 7-1 q0 -3
To be filed with the Zoning Department at City Hall, 667 North Carroll Avenu
e,
Southlake, Texas, At the time of filing, you will be informed of the public
hearing dates for both the Planning and Zoning and City Council meetings.
You must be represented at all of the public hearings. There is a $100.00
fee for zoning; it must accompany this application.
NAME OF APPLIQLNT: ADDRESS:
THE NELSON CORPORATION 5999 Summerside Drive
Craig Curry Suite 202
Vice President and
Director of Planning Dallas, Texas 75252
DESCRIPTION (1= ?ZD BOU-NDS) OF PROPERTY REQUESTED TO BE REZONED:
See attached legal description.
Single -Family
ZONING REQUEST: FMM: "AG" Agricultural District TO: "SF-20A" Residential District
This application moist be accompanied by a list of the names and addresses of the
owners of all properties within 200 feet of any part of the property to be
rezoned. A plat map of the property showing the area requested for rezoning
is. --to be attached to this application.
i
D/4Ti SIGNATURE OF PROPMZ7i OMM
Before me, a Not Continental Joint Venture A4 �1 L
n �g1ry Public, on this day personally appeared
15P AKES known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to be that he or she executed the same
for the purposes and consideration therein expressed.
C
Given under my hand and seal of office thi day of % 19�L.
NOTORY PUBLIC IN A:M FOR TES.IS
?"
My Commission expires the j S� _ day o"�"''�g` `- �s
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*A
CHEATHAM
AND
ASSOCIATES
July 30, 1990
Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-35: First Review of the Concept Plan for Country Walk
Addition
Dear Karen:
Our staff has reviewed the above mentioned concept plan received
by our office on July 18, 1990 and we offer the following comments:
1. Present use of the property should be included in the summary.
A street address (or common description) is also required.
2. The legal description does not match the boundary in two
places.
The following comments are not required in Ordinance No. 420
relating to Concept Plans, however, we have provided the following
suggestions for the City to consider in their review of the concept
plan.
*1. We recommend the adjacent properties be labeled with existing
zoning, proposed land use designation, and possibly the
owner's names.
*2. We suggest a street stub to the south in the vicinity of Lot
13, Block 1. The area between this tract and Bear Creek will
be inaccessible from the south without crossing Bear Creek.
*3. We suggest a street stub to the west depending on the City's
expectation for Land Uses in this area. If a continuation of
residential is desired, the stub should be provided. If non-
residential uses are desired on all acreage west of this tract
to F.M. 1938, a stub street should not be provided.
*4. We recommend showing street names and lot numbers to aid in
discussion of the concept.
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of ' ' 'Planning and Design, Inc.
1170 Corporate Drive W4 207 • Arlington, Texas 76006
817/633 etro 640-4329
Karen Gandy
City of Southlake
July 30, 1990
Page 2
* Subdivision ordinance No. 483, in Section 5.03-I recommends
a maximum of 20 units on a cul-de-sac street having only one
point of entry.
* The applicant should be aware that any revisions made prior
to City Council must be received at the City by Aug. 13, 1990.
If you have any questions, please call our office.
Respectfully, 0
Eddie Cheatham, P. .
\za9035\cpl
* Denotes informational comment
cc: Nelson Corporation
l6 -9
a
3
6-0
CHEATHAM
AND
ASSOCIATES
August 15, 1990
Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-35: Second Review of the Concept Plan for Country Walk
Addition
Dear Karen:
Our staff has reviewed the above mentioned concept plan received
by our office on August 8, 1990 and we offer the following
comments:
1. The legal description does not match the boundary in two
places on the zoning exhibit.
The following comments are not required in Ordinance No. 480
relating to Concept Plans, however, we have provided the following
suggestions for the City to consider in their review of the concept
plan.
*1. We suggest a street stub to the west depending on the City's
expectation for Land Uses in this area. If a continuation of
residential is desired, the stub should be provided. If non-
residential uses are desired on all acreage west of this tract
to F.M. 1938, a stub street should not be provided.
* Subdivision Ordinance No. 483, in Section 5.03-I recommends
a maximum of 20 units on a cul-de-sac street having only one
point of entry.
If you have any questions, please call our office.
Respectfully, p&A L
Eddie Cheatham, P. .
\za9035\cp2
* Denotes informational comment
cc: Nelson Corporation
ENGINEERS - PLANNERS - SURVEYORS
A Subsidiary Firm of South "' ring and Design, Inc.
1170 Corporate Drive West - I _ (I - Arlington, Texas 76006
817/633-1023 40-4329
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-26
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A
43.222 ACRE TRACT OF LAND OUT OF THE S.H.
THOMPSON SURVEY, ABSTRACT NO. 1504, TRACTS 3
AND 4A, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO
SINGLE FAMILY 20A DISTRICT IN ACCORDANCE WITH
THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2000.00) FOR VIOLATIONS OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule City
(W 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 11 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 Agricultural under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
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
lG-1 3
Z
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
(W 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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
- 2 - /&/-/ �
Z
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 uses in the hereinafter described
permitted
areas be altered,
changed and amended
as shown and described below:
Being approximately a 43.222 acre tract of land out of the
S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A, as
more fully and completely described in Exhibit "A," attached
hereto and incorporated herein.
From Agricultural District to Single Family 20A.
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
(W comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view. of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00). A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND
APPROVED on the 1st reading the day of
1990
c>
.y
J�
PASSED AND APPROVED on
1990.
M �Mw — W--/A
AT ST:
ITY SECRETARY
the 2nd reading the day
OR / , ;
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
ATTEST:
CITY SECRETARY
-4- Ii" A�
of
City of Southlake, Texas
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-21 Zoning Change Request
-------------------------------------------------------------
ZA 90-21 is a zoning change request for 5.732 acres out of
the Hiram Granberry Survey, Abstract No. 581, Tract 1C.
The property is located North of Continental Blvd. at South
White Chapel Boulevard. South White Chapel Blvd. cuts
through the Southeast corner of the tract.
The owner/applicant is Trustees, E-Systems, Inc. Pool Trust,
represented by Al Wilkie, Land and Planning Consultant.
The current zoning is Agricultural; the requested zoning is
Commercial-1.
There were seven (7) letters sent to property owners within
200 feet. To date, there have been two (2) written
responses: Mr. Calkin, 1251 S. White Chapel Blvd., was in
favor. In response to the second notification, Mr. Larry
Cole of The Hills of Monticello, Inc., was opposed to the
request because "there (is) not a current need for that size
of commercial zoning in an otherwise planned low density
residential community."
On May 17, 1990, the Planning and Zoning Commission
recommended denial � the�C-lzoning request (3�. The
majority felt that the t arge or commercial
zoning and that the request was premature.
On June 5, 1990, the City Council requested that the item be
returned to the Planning and Zoning Commission for review of
a revised plan.
On July 19, 1990, the Planning and Zoning Commission
recommended approval -2 0 - e uest. Concern was
expressed that the vote could be challenged because the case
was not renoticed. The case has been readvertised and
renoticed and will be continued on the Planning and Zoning
Commission meeting of August 23, 1990.
On August 23, 1990, the Planning and Zoning Commission
recommended denial (3-1) of the C-1 request. -,
ka
KPG rr��
CITY OF SCL'IIiLAKE
APPLICATION FOR AhEN30fr TO ZONING NAP
Application No. ZA 9a- Z I
To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a $100.00
fee for zoning; it must accompany this application.
NAME OF APPLICANT:
Trustees, E-Systems, Inc. Pool Trust,
N
ADDRESS:
P. 0. Box 660248
Dallas TX 75266-0248
DESCRIPTION (METES A:ND BOLAS) OF PROPERTY RBQUE!=3 TO BE REZONED:
See attached field notes (EXHIBIT "A")
- ZCN LNG R.JQL`ESI' :
FROM: "AG" TO: 11 C _ 1 11
:his application must be accompanied by a list of the nar.:es and addresses of the
owners of all properties within 200' of any part of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
TRUSTEE-S, E-SYSTEMS, INC. POOL TRUST
April 6, 1990 B : amem.
DATE ISIZATEIRE OF PE
OF THE PROPERTY
Before me, a Notary Public, on this day personally appeared JAMES W. CROWLEY
known to me to be the person whose nacre is subscribed to the
foregoing instrument and acknowledged to be that he or she executed the same for
the purposes and consi1deration therein expressed, and in his capacity as Trustee
G venSundersmyI�iandPoand sealtof office this 6th day of APRIL
19 90
a—�
?VrARY PUBLICJ LN ADD FO S
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EXHIBIT "A"
Cing 5.732 Acres of land, more or less, in the H. Granbury
rvey, Abstract No. 581, Tarrant County, Texas and being the
same tract of land as conveyed to Highway 114/Carroll Road,
Joint Venture, by the deed recorded in Volume 8032, Page 237,
Deed Records of Tarrant County, Texas, being more particularly
described by metes and bounds as follows:
BEGINNING at a 60D nail in the centerline of Continental
Boulevard at the Southwest corner of said Highway 114 Tract,
also being the Southeast corner of a tract of land conveyed
to Lannie Joe Roach, by the deed recorded in Volume 6783, Page
2148, Deed Records of Tarrant County, Texas;
THENCE North 00° 42' 00" East, 416.99_.feet along the East
boundary line of said Roach Tract irri o''being the West boundary
line of said Highway No. 114 Tract't,o a 5/8" iron rod in the
South boundary line of a tract of land conveyed to Vernis Fulmer,
by the deed recorded in Volume 4638, Page 607, Deed Records
of Tarrant County, Texas;
THENCE South 89° 08' 03" East, 602.74 feet along the North
boundary line of said Highway No. 114 Tract to a P K nail in
the centerline of White Chapel Boulevard;
THENCE South 00° 01' 00" East, 408.00 feet along the East
boundary line of said Highway 114 Tract to a 1/2" iron rod in
LCEcenterline_of aforesaid Continental Boulevard; North 89° 59' 08" West, 607.88 feet along said centerline
to the PLACE OF BEGINNING, containing 5.732 acres of land, more
or less.
A
--- .... - - - .. -.x t :T ---- - -- --- 17 G
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-22
(W AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 5.732
ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY
SURVEY, ABSTRACT NO. 581, TRACT 1C, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM AGRICULTURAL DISTRICT TO COMMERCIAL-1
DISTRICT IN ACCORDANCE WITH THE EXHIBIT
ATTACHED HERETO AND SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2000.00) FOR VIOLATIONS OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule City
acting under its Charter adopted by the electorate pursuant to
(W Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 11 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 Agricultural under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
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
/7- 1
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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning
Ordinance of the City of Southlake, Texas, passed on the 19th day
of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
(W areas be altered, changed and amended as shown and described below:
Being approximately a 5.732 acre tract of land out of the
Hiram Granberry Survey, Abstract No. 581, Tract 1C, as more
fully and completely described in Exhibit "A," attached hereto
and incorporated herein.
From Agricultural District to Commercial-1 District.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
-3- / 7-,?
S.
Section 7. That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00). A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND APPROVED on the 1st reading the day of
1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
1990.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Date:
ADOPTED:
EFFECTIVE:
MAYOR
ATTEST:
CITY SECRETARY
-4- / "/ —/o
City of Southlake, Texas -
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM:
Karen P.
Gandy,
Zoning Administrator
SUBJECT:
ZA 90-34
Zoning
Change Request
ZA 90-34 is a zoning change request for two (2) acres out of
the J.G. Allen Survey, Abstract No. 18, Tract 4A16.
The property is located on the east side of S. Pearson Lane
in the 600-block.
The owner of the property is Jean Snow. The applicant is
Tony Chavez. Mr. Chavez indicated that he plans a
commercial plant nursery at the location in the future.
During the public hearing, The owner's representative, Mr.
Bob couch, indicated that his understanding was that Mr.
Chavez's use was to be a landscaping company.
After further discussions with Mr. Chavez by telephone, it
was learned that he owns a lawn care business which would
entail growing plants in several greenhouses and containers
and utilizing trucks, a garden tractor, 16' utility trailers
and a forklift. The forklift and tractor will be stored
inside.
The current zoning is Agricultural; the requested zoning is
B-2 Commercial Manufacturing District and amended to B-1
Business Service Park District.
There were three (3) letters sent to property owners within
200 feet. To date, there has been one (1) written
response: Mrs. Harold Pipes was opposed to the request due
to the additional competition for her grandson's plant farm
operation. Joe Pipes, 910 Mission, operator of the plant
farm on a three acre tract south of the Snow property,
indicated that he was in favor of the proposed use due to
the commercial activities already in the area.
On August 9, 1990, the Planning and Zoning Commission
questioned the proposed use of the land and asked the
owners' representative to table until August 23, 1990 when
Mr. Chavez could clarify his intended use. The Commission
asked the Staff to locate the appropriate zoning district
for a landscaping business. (5-0 To Table).
n:6. -S Q-..*L.1-1.- T-..--
CITY OF SCUMAKE
APPLICATION FOR Ah M TO ZONINZG MAP
Application No. ZA qo '.JV-
To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a S100.00
fee for zoning; it must accompany this application.
MME OF APPLICANT:
J,4_ 4 41 S Al,,r/
DESCRIPTION (IIE= AND BOL-NDS) OF PROPERTY REQUESTED TO Bc RQONID:
SZ,_T C�✓�
ZONING REQUEST: FROM: 176 R TO:
This application crust be accompanied by a list of the names and addresses of the
owners of all properties within 200' of any part of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
3 — i1>
DATE
��' 1_� SA-4s-e J
SI GAIURE OF PEEEWN FILING MUST BE
OWNE9 OF THE PROPERTY
Before me, a Votary Public, on this day personally appeared ",Ei¢ IL
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to be that he or she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this day of J 0A ,
19 9
PUBLIC IN AND FOR
expires the 3 1 day of 19012.
T-
19.3
BEING A TRACT OF LAND OUT OF THE J.G. ALLEN, ABSTRACT NO. 18, TARRANT
COUNTY, TEXAS, ACCORDING TO DEED RECORDED IN VOLUME 8031, PAGE 634, AND
VOLUME 8031, PAGE 637, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING at a point in the centerline of Pearson Lane and the West
line of the J.G. Allen Survey, 696.19 feet North 00 degrees 18
minutes 00 seconds West from the Southwest corner of said J.G. Allen
Survey;
THENCE North 00 degrees 18 minutes 00 seconds West along said
centerline 250.00 feet to a point for corner;
THENCE North 89 degrees 43 minutes 00 seconds East 348.48 feet to an
iron pin for corner;
THENCE South 00 degrees 18 minutes 00 seconds East 250.00 feet to an
iron pin for corner;
THENCE South 89 degrees 43 minutes 00 seconds West 348.48 feet to the
PLACE OF BEGINNING and containing 2.0 acres of land more or less.
19-�
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-27
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 2.0
ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY
ABSTRACT NO. 18, TRACT 4A16, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EX T "A" FROM
AGRICULTURAL DISTRICT TO B-2 111
MANUFACTURING DISTRICT IN ACC CE WITH THE
EXHIBIT ATTACHED HERETO AND SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2000.00) FOR VIOLATIONS OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule 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 11 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 Agricultural under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
-2- / i�(_F
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
(W amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 2.0 acre tract of land out of the J.G.
Allen Survey, Abstract No. 18, Tract 4A16, as more fully and
completely described in Exhibit "A," attached hereto and
incorporated herein.
From Agricultural District to B-2 Commercial Manufacturing
District.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the vcblue 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.
-3- / I?"-
I
In
Section 7. That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00). A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND APPROVED on the 1st reading the day of
1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
1990.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
MAYOR
ATTEST:
CITY SECRETARY
-4- / ?—/Z)
City of Southlake, Texas
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-37 Zoning Change Request
-------------------------------------------------------------
ZA 90-37 is a zoning change request for 16.48 acres out of
the H. Decker Survey, Abstract No. 438, the P.R. Splane
Survey, Abstract No. 1453, and the C.B. McDonald Survey,
Abstract No. 1013.
The property is located North of State Highway 26, South of
E. Continental Blvd., East of Timberline Ct., and West of
Crooked Lane.
The owner/applicant of the property is the Explorer Pipeline
Company.
The current zoning is Industrial-1; the requested zoning is
Industrial-2.
There were twenty-four (24) letters sent to property owners
within 200 feet. To date, there have been three (3)
responses: Memo Equipment Corp., 1950 E. Continental Blvd.,
Fina Oil and Chemical Co., 2401 Hwy. No. 26 West, and
Conoco, Inc., 2101 Hwy. No. 26 West, were in favor of the
zoning request.
On August 23, 1990, the Planning and Zoning Commission
recommended approval (3-2) of the proposed zoning request.
The two dissenting Commissioners recommended having a site
plan to view before they felt comfortable approving the I-2
request.
V_�_
KPG
Informational Note: The triangular tract located adjacent
to Highway No. 26 was previously annexed into the City in
April of this year. This portion of Explorer's tract was
zoned I-2 during that time.
Jq — 1
C ITY OF SCUMAKE
APPLICATION FOR AMENDMT TO ZONING NAP
Application No. ZA qQ "3 7
To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a $100.00
fee for zoning; it mist accompany this application.
NAME OF APPLICANT: ADDRESS:
Explorer Pipeline Company Explorer Pipeline Company
3050 West Highway 26
Southlake, TX 76051
DESCRIPTION (MELTS AM BOL-NDS) OF PROPERTY REQUESTED TO BE REZONED:
See Exhibit "A" for description
See Exhibit "B" for drawing reference
ZONLNG RDQLTST: FF 11: Industrial 1 TO: Industrial 2
This application rn:st be accompanied by a list of the nacres and addresses of the
owners of all properties within 200' of any part of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
7- ao - 90
DATE
jklk'wl-
SMVHX OF PERSON MLNG MUST BE
OF THE pRopERqApproved as to form
Curtis L Craig aC
Before me, a Notary Public, on this day personally appeared )e QC
known to me to be the person whose name is subscribed to the
foregoiiqg instrument and acknowledged to be that he or she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this Q day of
19_ :'•+�, N:rt3ry Public Oklahoma
OFFICIAL SEAL
w " JOYCE E. STEWAAT
iULSACOUNTY
` Comm. Exp. 10-31-92
PUBLIC IN AND FOR �wr% NoMA �"►���cs�Yt���►
My Commission expires the cN day of
EXHIBIT "A"
PROPERTY DESCRIPTION:
A TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
H. DECKER SURVEY, P.R. SPLAIN SURVEY, AND THE C.B. MCDONALD
SURVEY ABSTRACT NO. 438, 1453 AND 1013, COUNTY OF TARRANT, STATE
OF TEXAS, AND BEING MORE PARTICULARLY DESCRIBED:
BEGINNING AT A POINT: SAID POINT BEING THE INTERSECTION -OF
THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE ST. LOUIS AND
SOUTHWESTERN RAILROAD AND THE WEST LINE OF THE P.R. SPLAIN
SURVEY. THENCE S 54 DEGREES 35 MINUTES WEST A DISTANCE OF 73.27'
(26.38 VARAS) THENCE NORTH 0 DEGREES 23 MINUTES WEST 514.45'
(185.22 VARAS) THENCE NORTH 670.21' (241.30 VARAS); THENCE NORTH
89 DEGREES 45 MINUTES WEST 959.35' (345.4 VARAS); THENCE DUE
NORTH 598.16' (215.36 VARAS); THENCE SOUTH 89 DEGREES 45 MINUTES
EAST 1019.34' (367 VARAS) TO A POINT, SAID POINT LYING SOUTH
23.61' (8.5 VARAS) FROM THE NORTHEAST CORNER OF THE H. DECKER
SURVEY; THENCE DUE SOUTH ALONG THE EAST LINE OF H. DECKER SURVEY
1267.93' (456.5 VARAS); THENCE SOUTH 0 DEGREES 23 MINUTES EAST
240.17 THENCE NORTH 89 DEGREES 37 MINUTES EAST 331.0' TO THE
NORTH RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SOUTHWESTERN
RAILWAY; THENCE SOUTH 54 DEGREES 35 MINUTES WEST ALONG SAID NORTH
RIGHT-OF-WAY LINE 403.9' TO THE POINT OF BEGINNING. CONTAINING
717861.80 SQ. FT. OR 16.48 ACRES MORE OR LESS.
The above description was taken from Deeds of record filed
in the official land records of the County of Tarrant and can be
located at Volume 5140 Page 424, Volume 5569 Page 987, Volume
5168 Page 731 for further reference.
193
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Curtis L. Craig
A'TORNEYAND CORPORATE SECRETARY
Federal Express
Mail
August 30, 1990
City of Southlake
Attn: Ms. Karen P. Gandy
Zoning Administrator
667 North Carroll Avenue
Southlake, TX 76092
Re: Request for I-2 Heavy Industrial
Use Zoning; Safety Factors; EPL
File No. 587.1
Dear City Council:
Explorer Pipeline Company owns and operates a refined petroleum
products terminal in the City of Southlake located at 3050 West
Highway #26. A copy of the Southlake Meter Station plot plan is
attached for your review. This facility delivers refined
petroleum product (gasoline, diesel fuel) from Explorer's 12"
pipeline from Caddo Mills, Texas, to receiving terminals owned by
Conoco, Fina, and Diamond Shamrock at Southlake and pumps
aviation jet fuel via an 8" pipeline to the Dallas/Ft. Worth
Airport refueling terminal. An information brochure describing
the company's ownership and over all operation is attached.
Explorer's Southlake facility includes valves, piping, pumping,
metering equipment and two 37,000 bbl. jet fuel tanks required to
safely and efficiently provide a common carrier transportation
service for its shippers. The facility is designed, operated and
maintained in accordance with Department of Transportation Safety
Regulations as found in DOT Part 195 in the Code of Federal
Regulations Title 49 - Transportation. All material used in the
facility meets American National Standards Institute, Inc.
standards and construction is in accordance with ANSI B-31.4
standards for Liquid Petroleum Transportation Piping Systems.
The facility has been non-destructively tested with hydrostatic
testing and 100% x-ray to achieve maximum safety factors. In
addition, the facility operates in compliance with federal and
state environmental regulations.
P O BOX 2650 • TULSA. OKLAHOMA 74101 • 1918) 493-5107
19-6-1
City of Southlake
August 30, 1990
Page 2.
The facility is monitored and operated 24 hours per day from
Explorer's Tulsa, Oklahoma, Control Center and is also periodi-
cally operated and maintained by local Explorer personnel. The
facility incorporates a high degree of safety instrumentation and
automation as listed below:
o
1. Emergency local pump shut down switch;
2. High level tankage alarms;
3. High level sump alarms;
4. Product vapor detectors and alarms;
5. High line pressure alarms and automatic shut down;
6. High manifold pressure alarms and automatic protective
valve closure;
7. Low AC/DC voltage alarms;
8. Flow rate, pressure and product density rate of change
alarms; and
9. Valve and pump unit status change monitoring and remote
controls.
In addition, the aviation fuel jet tankage is designed and
maintained in accordance with DOT, NFPA 30 (National Fire
Protection Association) and API recommended practices which
includes tank dike design.
Explorer provides emergency response spill training and fire
fighting training for its employees and has prepared emergency
response procedures. These emergency response procedures are
practiced during mock emergency events. The Company maintains a
high level of environmental/safety emphasis in its operations and
is currently meeting with local and state emergency response
agencies and EPA representatives in all states in which it
operates. A meeting is scheduled in Austin this year. In
addition, our local management meets annually with police and
fire department representatives including the City of Southlake.
In the City of Southlake, Explorer contributed to the cost of
construction of the water main extension to our facility and
recently cooperated with the City of Southlake and with other
petroleum facilities to purchase fire fighting foam, and foam
nozzles.
17- 4)3
City of Southlake
August 30, 1990
Page 3.
Do not hesitate to contact me if we may provide additional
information.
Sincerely,
�L4�� dA��-
Curtis L. Craig
jes
Att.
cc: Ken Bailey, EPL Dist. Super.
l9 GC
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-28
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 16.48
ACRE TRACT OF LAND OUT OF THE H. DECKER SURVEY,
ABSTRACT NO. 438, AND THE P.R. SPLANE SURVEY,
ABSTRACT NO. 1453, AND THE C.B. MCDONALD
SURVEY, ABSTRACT NO. 1013, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
INDUSTRIAL-1 DISTRICT TO INDUSTRIAL-2 DISTRICT
IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO
AND SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMEN$MENTS HEREIN
MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2000.00) FOR
VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule City
(W 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 11 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 Industrial-1 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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning
Ordinance of the City of Southlake, Texas, passed on the 19th day
of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 16.48 acre tract of land out of the H.
Decker Survey, Abstract No. 483, and the P.R. Splane Survey,
Abstract No. 1453, and the C.B. McDonald Survey, Abstract No.
1013, as more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein.
From Industrial-1 District to Industrial-2 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
(W comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
(W not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
-3-
/ry- /D
I
Section 7. That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
' conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00). A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND APPROVED on the 1st reading the day of
1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
, 1990.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
1�"Xtelzl
ATTEST:
CITY SECRETARY
-4- /e/�- //
City of Southlake, Texas
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-39 Zoning Change Request
ZA 90-39 is a zoning change request for 2.14 acres out of
the B.J. Foster Survey, Abstract No. 519, Tract lAlA2E.
The property is located East of Randol Mill and North of
Gifford Ct..
The owner/applicant is Gaylia Reimer.
The current zoning is Agricultural; the requested zoning is
Manufactured Housing (MH).
There were eight (8) letters sent to property owners within
200 feet. To date, there have been four (4) responses:
Route 1 Box 229-P, Rhome,TX. Mrs. Jerry
Gifford, Rt. 1, Box 15U, Roanoke, TX., Roy Gifford, Route 2,
Box 154, Bowie, TX., and Curtis and Jean Woods,
Throckmorton, TX., were in favor of the requested zoning.
On August 23, 1990, the Planning and Zoning Commission
recommended approval (5-0) of the "MH" request.
1l
KPG
2-0-1
CITY OF SOLD
APPLICATION FOR AUMM NT TO ZONING MAP
Application No. ZA 90 -31
To be filed with the City Secretary at City Fall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a $100.00
fee for zoning; it must accompany this application.
NAME OF APPLICANT:
I
DESCRIPTION ( MUM ACID BOLIMS) OF PROPERTY REQUESTED TO BE REZONED:
,, ZONING REQUEST: FROM: An r'. en, A 4KL re TO:
This application must be accompanied by a list of the names and addresses of the
owners oP all properties within 200' of any part of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
Dr�it� SIgNAZIRE OF FILING 3053T BE
0 OF TFE PRO
ZPE�TT
Before me, a Notary Public, on this day personally appeared
'4de,-m e r known to me to be the person whose name is subscribe to the
foregoing instrument and acknowledged to be that he or she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this -`'e day of /
........................9.........0...........
19 T r `'�r '`•
DEBRA SHADDIX
• Notary Public, State of Texas
:
,< < My Commission Expires 7-12-91
Aj'�'40o?or
NOTARYPUBLIC IN AND FOR TEXAS..........................................................�
My Commission expires the day of Tf, /,, , 19_2z—.
20 - Z
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BEING 2.14 acres of land out of the B. J. FOSTER SURVEY Abstract # 519
Tarrant County, Texas and described by metes and bounds as follows=
- BEGINNING at an iron pin 3195.16 feet North and 689.0 feet East from the
Southwest corner of the B. J. Foster Survey;
THENCE North 00 degrees-00 minutes-05 seconds East, 561.46 feet to_ iron
pin for corner; -
THENCE North 119 degrees-30 minutes East, 166.0 fact to iron pia f9r
corner;
THENCE South 00 degrees-00 sinutes-05 seconds West 561.46 feet to iron
pin for corned
THENCE South 99 degrees-30 minutes West 166:0 feet to the poirifiof'••
beginning and containing 2.14 acres of and. -
SCOW
WE&(D�j..�. HANCOCK
f regil6fail• public swoilror no. ISM
094-0243
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-29
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 2.14
ACRE TRACT OF LAND OUT OF THE B.J. FOSTER
SURVEY, ABSTRACT NO. 519, TRACT lAlA2E, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM AGRICULTURAL DISTRICT TO MANUFACTURED
HOUSING DISTRICT IN ACCORDANCE WITH THE EXHIBIT
ATTACHED HERETO AND SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING.A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2000.00) FOR VIOLATIONS OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule 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 11 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 Agricultural under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said
property 'was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
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
ao�rG
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 and the
general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
-2- a o —
7
Section 1. That Ordinance No. 480, the Comprehensive Zoning
Ordinance of the City of Southlake, Texas, passed on the 19th day
of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 2.14 acre tract of land out of the B.J.
Foster Survey, Abstract No. 519, Tract lAlA2E, as more fully
and completely described in Exhibit "A," attached hereto and
incorporated herein.
From Agricultural District to Manufactured Housing District.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances *where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
-3- a -8
Section 7. That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00). A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND APPROVED on the 1st reading the day of
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
City of Southlake, Texas
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-38 Site Plan for Apex Aviation
-------------------------------------------------------------
ZA 90-38 is a request for site plan approval for Apex
Aviation, 1.285 acres out of the Harrison Decker Survey,
Abstract No. 438 being more commonly known as 1951 E.
Continental Blvd.
The property is located North of State Highway 26 and East
of Timberline Ct. on E. Continental Blvd.
The current zoning is Industrial-1.
The owner of the property is Apex Aviation Group. They
propose building a 25' x 60' office addition onto the
existing building.
There were twelve (12) letters sent to property owners
within 200 feet. To date, there has been one response: Memo
Equipment Corp., 1950 E. Continental Blvd., -was in favor of
the request.
On August 23, 1990, the Planning and Zoning Commission
recommended approval (4-0) subject to compliance to the
Engineer's letter dated August 9, 1990 and to the terms of
the Industrial-1 district (i.e. Special Exception Use from
the Board of Adjustment for outside storage). They further
recommended that the property be platted prior to the
issuance of a building permit.
KPG
71TLE OF SITE PLAN:
SUBDIVISICN
CITY OF SOUTHLAKE 2/06/90
SITE PLAN APPLICATICN
SITE PLAN for APEX AVIATION
SITE PLAN IS IN: Harrison Decker Survey LOT: BLACK:
ZR 76 - 3 V APPLICANT
NAME: Eric N. Dalton
AMPESS:512 Prairie Street
Arlington, Texas 76011
PHONE: 1 (817) 265-6036
OWNER (if different)
Apex Aviation
1951 E. Continental Blvd.
Southlake, Texas
(817) 488-4588
I hereby certify that this site plan is in conformance with the requirements of
the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake
that pertain to this submittal. I further understand that it is necessary to be present at
the applicabl lanning and Zoning Commission and City Council meetings to represent the
enclosed r e and es unresolved issues.
Signed: Date:
For City Use Only:
I hereby acknowledge receipt of the site plan application and the application fee in
the amount
q/ of $ 15a_-- on this the 31 it day of ��, 19 90 .
y ned: kmry I AL_J Title:
The following checklist is a partial summary of site plan requirements required by the
City of Southlake. The applicant should further refer to the Zoning Ordinance No. 480 and
other ordinances, maps and codes available at the City Hall that may pertain to this site
plan submittal.
Shown Not RESIDENTIAL DEVELOPMENT SITE PLAN
On Plan Applic.
Acceptable scale: 1" = 201, 1"= 40', or as approved
North arrow, graphic & written scale in close proximity
Location Map
Appropriate title, i.e. "Site Plan" to include name of
development, City, gross acreage and date of preparation
Name and address of record owner
Name, address. -and phone of person preparing the site plan
Metes and bawds labeled on property boundary
Existing zoning of this site and all adjacent property
Any proposed zoning shown
All R.O.W. and easements on or adjacent to the site labeled
(type, width)
Width and type of bufferyards labeled
Pedestrian walks, malls, and open areas shown
Location, type and height of all walls, fences, and screening
devices shown
_ Anticipated schedule of development
Location and size of points of ingress/egress to the site
Location, size, height, type and orientation of signs,
lighting, luminaries and exterior auditory speakers
All trash dumpsters located (Multi -family only)
Any necessary drainage st /� Z atails
l I-
Site Plan Checklist
Sheet 2 of 2
Shown Not - MIXED USE DEVELOPMENT SITE PLAN
On Plan Applic.
Acceptable scale: 1" = 20', 1"= 401, or as approved
North arrow, graphic & written scale in close proximity
Location Map
Appropriate title, i.e. "Site Plan" to include name of
development, City, gross acreage and date of preparation
Name and address of record owner
Name, address and phone of person preparing the site plan
Metes and bounds labeled on property boundary
Existing zoning of this site and all adjacent property
Any proposed zoning shown
All R.O.W. and easements on or adjacent to the site labeled
(type, width)
Proposed finish grades shown, i.e. contours, critical spot
elevations at edges of pavement, curb returns, building
corners, finish floor elevation
Directional flow arrows in all flow lines
Existing or proposed drainage structures labeled with size,
type and flow line
Location, dimensions and square footage of existing/proposed
buildings, uses contained therein, number of stories,
maximum height, entrances and exists
_ Percentage of site coverage labeled
All building setback lines shown (Front, rear, side)
Location of any on -site temporary sanitary waste storage
facility
Fire lane designated -show radii adjacent to fire lane
Label width and type of all bufferyards
Show any proposed septic fields
Location and width of all curb cuts and driving lanes
including radii of all curb returns
Show all pedestrian walks, malls, open areas
Location, type and height of all walls, fences and screening
devices
Types of surfacing labeled (i.e. asphalt, concrete, grass,
gravel, etc)
Closest fire hydrant dimensioned to property corner
Show any proposed fire hydrants
Drainage study or plans
Anticipated schedule of development of the site
All off-street parking stalls and loading areas shown
Label parking required (Per ratio) and parking provided
Location, size, height, type and orientation of signs,
lighting, luminaries and exterior auditory speakers
All trash dwnpsters shown, label screening enclosure
Building elevations provided, note on plan whether or not the
facade meets the masonry ordinance requirements
zl-3
WESTLAKE
DENTON COUNTY
TARRAANT COUNTY
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CHEATHAM
AND
ASSOCIATES
August 9, 1990
Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-38: First Review of the Site Plan for Apex Aviation
Group
Dear Karen:
Our staff has reviewed the above mentioned site plan received by
our office on Aug. 2, 1990 and we offer the following comments:
1. Show the width of the entry drives.
2. Show all building setback lines, i.e. front, rear and side.
3. Please label the approximate area in office use and the area
in industrial repair or storage. Parking required is 1/300
office and 1/1000 industrial.
4. A buffer yard of level 'K' is required on the south property
line. A buffer yard of level 'E' is required along
Continental.
5. Provide a dimension from the nearest fire hydrant to a
property corner.
6. Show location of any trash dumpsters.
7. Please differentiate between proposed and existing spot
elevations. Show culverts with flow line elevations, bar
ditch elevations, parking lot corners, etc.
* A written agreement meeting the requirements of Section 35.2-
b concerning adjacent lot parking is required with the
issuance of a building permit.
* Culvert permits will be required for both drives.
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of SouthwPct punning and Design, Inc.
1170 Corporate Drive West • _ 4 • Arlington, Texas 76006
817/63 3-102: 540-4329
Karen Gandy August 9, 1990
City of Southlake Page 2
* We recommend the City require platting of these tracts.
* The applicant should be aware that any revisions made prior
to City Council must be received at the City by Aug. 17, 1990.
If you have any questions, please call our office.
Respectfully,
A
O/Os
-
Eddie Cheatham, P.E.
\za9038\spl
* Denotes informational comment
cc: Dalton Incorporated
1*01!4*JV admospuel
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CHEATHAM
AND
ASSOCIATES
August 30, 1990
Ms. Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-38: Second Review of the Site Plan for Apex Aviation
Group
Dear Karen:
Our staff has reviewed the above mentioned site plan received by
our office on August 28, 1990 and we offer the following comments:
1. A rear setback of 25' is required along the south (Appendix
'A', Page 2).
2. A buffer yard of level 'K' is required on the south property
line. Overlooked in the first review is a requirement for a
buffer yard of level 'F' along Timberline Court. Buffer yard
'E' as shown on Continental should be outside of the future
R.O.W. dedication.
* A written agreement meeting the requirements of Section
35.2-b concerning adjacent lot parking is required with the
issuance of a building permit. (Not required if platted into
one lot.)
* Platting of this tract is required prior to issuance of a
building permit.
* Fire chief should confirm adequacy of fire hydrant
approximately 381 ft. from the building.
If you have any questions, please call our office.
Respectfully,
f+2
Eddie Cheatham, P.E.
\za9038\sp2
* Denotes informational comment
cc: Dalton Incorporated
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1170 Corporate Drive West • - Arlington, Texas 76006
817/633-1023 ), J- J 40-4329
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City of Southlake, Texas -
M E M O R A N D U M
August 24, 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 90-40 Preliminary Plat, Monticello
ZA 90-40 is the Preliminary Plat of Monticello, 128.486
acres out of the Hall Medlin Survey, Abstract No. 1038 and
the W.E. Crooks Survey, Abstract No. 295.
The property is located Southwest of the intersection of
South White Chapel Blvd. and West Continental Blvd.
The owners of the property are Charles H. Young and The
Hills of Monticello, Inc.
The current zoning is SF 20A.
There were twenty-one (21) letters sent to property owners
within 200 feet. To date, there have been no responses.
On August 23, 1990, the Planning and Zoning Commission
recommended approval (4-0) subject to the Engineer's letter
dated August 15, 1990 (deleting item #15) and working out
the alignment of Potomac Place with the developers of
Timber Lake as referenced in item #1 of that letter.
V/4 -
KPG
A
CITY OF SOUTHLAKE 1-18-89
PRELIMINARY PLAT APPLICATION
TITLE OF PLAT: Monticello Addition
SU&MITTAL DEADLINE:
Zh-%-40
07-30-90
TOTAL LOTS: 106 TOTAL ACRES: 128,486
OkNER[ APP ICX CtVER (if n of acplicant)
hats
,�. fin, Inc. CharlesYoung
ADDRESS: 807 Forest Ridge, Suite 104 849 W. Continental Blvd.
Bedford, TX 76022 Southlake, TX 76092
PHA: 817/267-4421 817/481-1188
I hereby certify that this plat is in conformance with the requirements of Subdivision
Ordinances No. 160-A and No. 217, the Zoning Ordinance No. 334 and other ordinances, maps
and codes of the City of Southlake that pertain to this submittal. I further understand
that it is necessary to be present at the applicable Planning and Zoning Commission and
City Counci tings to reoregentthq enclosed request and a dd3.ress any unresolved issues.
Signed: Date: 7- 3o - 70
For City Use Only:
I hereby aclmcwle ge eceipt of the preliminary plat application and the application
fee in the amount of $ �.�� _''� on this the ,3/ day of ,
19
Signed: • P,A,u4v Ut 1 Title: 1 Ciou' 1'L�&c&V
The follcwing checklist is a partial surmary of platting requi re-m-e-nts rernlired by the
City of Southlake. T;e applicant should further refer to Subdivision Ordinance No. 160-A
and No. 217, the Zcni;g C-dLrance No. 334 and other ordinances, maps and codes available at
the City Hall that may pertain to this plat submittal.
Shy:
on Not GENERAL INFORlATICN
Plan Applic.
X Acceptable scale: 1" = 50', 1" = 1001, 1" = 200'
North arrow, graphic & written scale in close proximity
_ X Vicinity map
—X Apprcpriate title, i.e. "A Preliminary Plat of..."
X Title includes City, County, State and survey name
—X Title includes total gross acreage and date of preparation
—_ Name & address of record owner & subdivider (if different)
-_ Name, address and phone of Engineer/Surveyor/Planner
—X Standard approval block provided
ADJACENT PROPERTY (within 200')
X Unplatted property: Name of record owner with vol. & page deed record
— Platted property: Show as dashed the lot lines, lot & block numbers,
street nar,)es, subdivision name & plat record vol. & page.
X Ex: sting zoning label on this tract and adjacent property
_ X Existing easements adjacent to this property (dashed)
—_ Previously approved concept plans or preliminary plats
—X Adjacent street intersections shown
22 z
Sheet 1 of 2
Checklist cant.
V
Shown
Preliminary Plat
on
Checklist Cont.
Not sheet 2 of 2 G&NERAL SITE INFORMATICN 1-18-89
Plan
Applic.
X
Legal description of the lard to include: Name of survey, abstract,
county, state, POB tied to survey corner, previously filed
s,,:,bdivision corner or USGS monument, total acreage.
_ X
Point of Be;inning labeled on plat
X
Subdivision boundary in heavy lines, with distances and bearings shown
the_ -eon t1at match legal description
X
Existing R.O.W. shown, labeled and dimensioned, i.e. public streets,
1-i91r4ays, alleys, private street/drives, railroads,'etc.
X_
Show existing traveled roadway widths
, X
General outline of area embraced by tree cover
_X
All existing easements shown
_
Existing structures shown (Note whether to remain or not)
PROPOSED INFORMATION
X
Utility easements: Where adjacent property is unplatted or platted
showing a 7.5' U.E., provide a 7.5' U.E. along the property line; if
adjacent property is platted and shows no easement, provide a 15'
U.E. along the interior of the property line
-_
Street aligrap-nt, in accordance with ordinance no. 217
-X_
Cu"vilizear ordinance No. 443 criteria met
X
Street R.O.W. dimensioned
X
Sufficie-nt street stubs into adjacent property
_
Street names provided not similar to any existing street names
R.O.W. dedication in accordance with the thoroughfare plan shown and
dimensioned
X
Lots and blocks labeled with numbers in consecutive order
X
Drainage and utility easements labeled and dimensioned
X
Front building setback lines labeled or noted
X 50' setback line
shown on S.H. 114, F.M. 1709, F.M. 1938
X
Lots to be dedicated for public use, labeled as such i.e. schools,
parks, floods plains, open spaces, etc., shewi_ng acreage and general
pe=imete= dimensions
X
Parcels resz-ved for private use shown as described above
X
Pny Proposed zoning labeled as such
Sc::edule ad.:essirg phasing of development with estimated beginning and
c:,;pletion, data for each phase
X
Qua_nt'-tat've land use schedule provided
Scaled dimensions of all lots, street R.O.W., easements, etc.
._,
Approximate flood plain and floodway limits shown.
Not
Included
Included PRELIMINARY ENGINEEIING PLANS
X
Prelimira--v water layout showing all existing lines (with sizes)
adjacent+to the property and all proposed lines
X
PrelLminary sewer layout
Conceptual drainage study by Professional Civil Engineer provided with
contours in conformance with criteria in Ordinances 217 and 160-A to
include the following:
-;Eater i.'rpoundments shown (lakes, ponds, stock tanks, etc.)
-Drainage structures shown, i.e., dams, spillways, flumes, culverts,
etc., and noted as to size and type thereof, i.e. earth, concrete,
riprao, metal, RCP, VCP, etc.
-Flow lines
of all drainage and water courses, i.e., stream creeks,
s•«ales, etc.
-Location, type and size of critical downstream drainage structures
ir-pacted by this development
-Delineation of on and continguous off -site drainage areas including
acreages and 'Q' calculations thereof
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^�MENTARY '�'►Sr e�� �
i
CHEATHAM
AND
ASSOCIATES
August 15, 1990
Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-40: First Review of the Preliminary Plat of Monticello
Addition
Dear Karen:
Our staff has reviewed the above mentioned Preliminary Plat
received by our office on August 2, 1990 and we offer the
following comments:
1. Show the preliminary plat of Timberlake along the north side
of Continental. Potomac Place should align with the
proposed street from Timberlake.
2. Our records show the existing zoning of this tract to be
SF-20A. Please change the Site Data.
3. The legal description has the following discrepancies.
Should exclude the Wilkinson tract.
Call with distance of 130.56 is repeated twice.
Last bearing has small discrepancy.
4. Show and label the existing apparent R.O.W. for Continental
and White Chapel.
5. We would prefer to see a smooth arc dedication for the west
R.O.W. of White Chapel. Prior to preparation of a Final
Plat, we would like to see an exhibit of the intersection of
Continental and White Chapel.
6. Show any area embraced by tree cover.
ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1170 Corporate Drive West • • Arlington, Texas 76006
817/633-102: 1)-75 640-4329
Ms. Karen Gandy August 15, 1990
City of Southlake Page 2
7. The preliminary water, sewer and drainage plan shows the
need for the following changes:
- In general, only easements which are intended to carry
drainage should be labeled as drainage easements.
15' U.E. for W.L. in Lot 52, Block 2.
15' U.E. for sanitary sewer near Lots 16 and 17,
Block 2, between Lots 25 and 26, Block 2, from Lot 9,
Block 3 to TRA Line.
- 15' D + U.E. between Lots 42 and 43, Block 2, and
between Lots 48 and 49, Block 2.
- All flood plain/floodway area should be labeled as a
drainage easement.
- A 15' D + U.E. crossing Lot 9, Block 3 along the
flowline.
- A 15' U.E. from Wilkinson tract to 'S-4' Line.
8. Show the Final Plat of Wilkinson Addition in the southeast
corner. Also show all adjacent easements.
9. Provide a 35' building line for Lots 16 and 17, Block 2, and
a 30' building line for Lot 1, Block 1.
10. Lot 1, Block 1 should be combined with the lots in Block 2
as one block.
11. Lots 12, 13, 14 and 40 of Block 2 need to have radial lot
lines.
12. The following lots do not appear to have the minimum 100'
`lot width at the building line: Block 2, Lots 7, 14, 15,
40.
13. There is an existing access easement and road crossing this
tract to access the sanitary sewer metering station in Bear
Creek. Please show this easement and road and the intended
relocation of the easement (alignment subject to TRA
approval).
14. Section 5.03-I recommends a maximum of 20 lots on a cul-de-
sac. Kingsbury Way has 27 lots. The city may wish to
consider tieing Westminister Lane into Continental.
224
Ms. Karen Gandy August 15, 1990
City of Southlake Page 3
* The City may be interested in the phasing of the
development.
* This plat varies considerably from the Concept Plan approved
for this addition due to the street alignments and larger
lots. It is our opinion that this plat generally meets the
character and intentions of the previously approved Concept
Plan.
* The existing Peytonville R.O.W. west of this tract may never
by improved as a public road. The City may wish to process
some type of abandonment of this R.O.W. in order to
eliminate future maintenance and liability issues.
* The applicant should be aware that any revisions made prior
to City Council must be received at the City by August 27,
1990.
If you have any questions, please call our office.
Respectfully,
FORL
Eddie Cheatham, P.E.
\za9040.ppl
* Denotes informational comment
enc.: Print of access easement to sanitary sewer metering
station.
cc: Washington & Associates
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CHEATHAM
AND
ASSOCIATES
August 30, 1990
Ms. Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-40: Second Review of the Preliminary Plat of
Monticello Addition
Dear Karen:
Our staff has reviewed the above mentioned Preliminary Plat
received by our office on August 28, 1990 and we offer the
following comments:
1. Potomac Place should align with the proposed street from
Timberlake.
2. The site data reflects a proposed change in zoning. If no
zoning change is proposed, please change the Site Data.
3. It appears that Lot 15, Block 4 and Lot 39, Block 2 do not
meet the minimum depth of 125 ft.
4. The preliminary water, sewer and drainage plan shows the
need for the following changes:
15' U.E. for W.L. in Lot 52, Block 2.
5. Section 5.03-I recommends a maximum of 20 lots on a cul-de-
sac. Kingsbury Way has 27 lots. The city may wish to
;consider tieing Westminister Lane into Continental.
* Prior to preparation of a Final Plat, we would like to see
an exhibit of the intersection of Continental and White
Chapel in order to determine the acceptability of the
proposed dedication for White Chapel.
* The City may be interested in the phasing of the
development.
L
ENGINEERS - PLANNERS - SURVEYORS
A Subsidiary Firm of Sou fining and Design, Inc.
1170 Corporate Drive West - �, 9 - Arlington, Texas 76006
817/633-102'- _. 640-4329
Ms. Karen Gandy
City of Southlake
August 30, 1990
Page 2
* This plat varies considerably from the Concept Plan approved
for this addition due to the street alignments and larger
lots. It is our opinion that this plat generally meets the
character and intentions of the previously approved Concept
Plan.
* The existing Peytonville R.O.W. west of this tract may never
by improved as a public road. The City may wish to process
some type of abandonment of this R.O.W. in order to
eliminate future maintenance and liability issues.
If you have any questions,
Respectfully,
b140
Eddie Cheatham, P.E.
\za9040.pp2
please call our office.
* Denotes informational comment
cc: Washington & Associates
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%ZA-r
- City of Southlake, Texas
G
M E M O R A N D U M
August 31, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Southview Developer's Agreement
Attached is the Southview Developer's Agreement. This
agreement contains the standard language in all developer's
agreements with the only unresolved question as to the
reimbursement of the easement acquisition for the off site
sewer line. The developer has agreed to furnish and install
the off site sewer line and pay all costs in acquiring the
easements, but they wish to be reimbursed for the easement
acquisition through the Sewer Impact Fees. Their solution
to this area of concern is attached as Exhibit "A" at the
end of the Developer's Agreement. The developers have been
informed that the resolution of this matter will be decided
at the council meeting.
Please place this on the next Council's agenda for
consideration. If you have any questions, please contact me.
*16
MHB!,/ l c
Attachment
City of Southlake, Texas
SOUTHVIEW SUBDIVISION
DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter
referred to as the City, and the undersigned Developer, hereinafter
referred to as the Developer, of the SouthView Subdivision to the
City of Southlake, Tarrant County, Texas, for the installation of
certain community facilities located therein, and to provide city
services thereto. It is understood by and between the parties that
this Agreement is applicable to the 76 lots contained within the
SouthView Subdivision (Phase I) and to the off -site improvements
necessary to support the subdivision.
I. GENERAL REQUIREMENTS: wt:_
A. It is agreed and -understood by the parties hereto
that the Developer shall employ a civil engineer
licensed to practice in the State of Texas for the
design and preparation of the plans and
specifications for the construction of all
facilities covered by this agreement.
B. Since the Developer is prepared to develop the South
View subdivision as rapidly as possible and is
desirous of selling lots to builders and having
residential building activity begin as quickly as
possible and the City is desirous of having the
subdivision completed as rapidly as possible, the
City agrees to release 10% of the lots after
installation of the water and sewer mains. Framing
shall not commence until water quality is approved
by the City. The remaining building permits shall
be released as soon as the subgrade for the streets
is completed. The Developer recognizes that
Certificates of Occupancy for residential dwellings
will not be issued until the supporting public works
infrastructure within South View has been accepted
by the City, and this will serve as an incentive to
the Developer to see that all remaining items are
completed so that final acceptance can be obtained.
C. The Developer will present to the City a performance
bond and payment bond or Letter of Credit or cash
escrow guaranteeing and agreeing to pay an amount
equal to 100% of the value of the construction cost
of all of the facilities to be constructed by the
Developer, and providing for payment to the City of
such amounts, up to the total remaining amounts
-1-
t/1\r VI V%PU 11 crawl 1 GAaJ
required for the completion of the subdivision if
the Developer fails to complete the work within two
(2) years of the signing of this agreement between
the City and Developer. The value of the
performance bond, letter of credit or cash escrow
will reduce at a rate consistent with the amount of
work that has been completed by the Developer and
accepted by the City. Performance and payment bond,
letter of credit or cash escrow from the prime
contractor(s) or other entity reasonably acceptable
to City, hereinafter referred to as Contractor, will
be acceptable in lieu of Developer's obligations
specified above.
D. The Developer agrees to furnish to the City
maintenance bonds, letter of credit or cash escrow
amounting to 20% of the cost of construction of
underground utilities`and 50% for the paving. These
maintenance bonds, letter of credit or cash escrow
will be for a period of Two (2) years and will be
issued prior to' the final City acceptance of the
subdivision. The maintenance bonds, letter of
credit or cash escrow will be supplied to the City
by the contractors performing the work, and the City
will be named as the beneficiary if the contractors
fail to perform any required maintenance.
E. Until the performance and payment bonds, letter of
credit or cash escrow required in C has been
furnished as required, no approval of work on or in
the subdivision shall be given by City and no work
shall be initiated on or in said subdivision by the
Developer, save and except as provided above.
F. It is further agreed and understood by the parties
hereto that upon acceptance by City, title to all
facilities and improvements mentioned hereinabove
shall be vested in the City of Southlake and
Developer hereby relinquishes any right, title, or
interest in and to said facilities or any part
thereof. It is further understood and agreed that
until the City accepts such improvements, City shall
have no liability or responsibility in connection
with any such facilities. Acceptance of the
facilities for this provision and for the entire
agreement shall occur at such time that City,
through its City Manager or his duly appointed
representative, provides Developer with a written
acknowledgement that all facilities are complete,
have been inspected and approved and are being
accepted by the City.
-2-
� 3�- 3
VllY VI JVUII IIQRG, I VACRO
G. on all facilities included in this agreement for
which Developer awards his own construction
contract, the Developer agrees to the following
procedure:
1. To pay to the City three (3%) percent of the
construction cost for inspection fees of the
water, streets, drainage facilities, and
sanitary sewer. It is agreed by both the City
and the Developer that the City will pay the
following testing fees and the Developer will
be responsible to pay for all other testing
fees required by the City not listed below:
a) All nuclear density tests on the
roadway subgrade (95% Standard).
Trench testing (95% Standard) shall
be paid by the Developer
b) Alr"gradation tests required to
insure proper cement and/or lime
stabilization
c) Technicians time for preparing
concrete cylinders
d) Concrete cylinder tests and concrete
coring samples
Charges for retesting as a result of failed
tests will be paid by the Developer. Fees are
payable prior to construction of each phase,
based on actual bid construction costs.
The Developer will be responsible to pay for
all inspection fees when inspection is required
on Saturday or Sunday. These fees are
considered over and above the 3% inspection fee
as stated above. Acceptance of the project
will not be given until all inspection fees are
paid.
2. To delay connection of buildings to service
lines or water mains constructed under this
contract until said water mains and service
lines have been completed to the satisfaction
of and accepted by the City.
H. The Developer and any third party, independent
entity engaged in the construction of houses,
hereinafter referred to as Builder will be
responsible for mowing all grass and weeds and
otherwise reasonably maintain the aesthetics of all
land and lots in said subdivision which have not
been sold to third parties. After fifteen (15) days
written notice should the Developer or Builder fail
in this responsibility, the City may contract for
-3-
City of Southlake, Texas
this service and bill the Developer or Builder for
reasonable costs. Such amount shall become a ,lien
upon all real property of the subdivision so
maintained by the City, and not previously conveyed
to other third parties, 120 days after Developer or
Builder has notice of costs.
I. Any guarantee of payment instrument (Performance
Bond, Letter of Credit, etc.) submitted by the
Developer or Contractor on a form other than the one
which has been previously approved by the City as
"acceptable" shall be submitted to the City Attorney
for the City and this Agreement shall not be
considered in effect until such City Attorney has
approved the instrument. Approval by the City shall
not be unreasonably withheld or delayed.
J. Any surety compaff'-through which a bond is written
shall be a surety company duly authorized to do
business in the State of Texas, provided that the
City, through the City Manager, shall retain the
right to reject any surety company as a surety for
any work under this or any other Developer's
Agreement within the City of Southlake regardless of
such company's authorization to do business in
Texas. Approval by the City shall not be
unreasonably withheld or delayed.
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water
facilities to service lots as shown on the final
plat of the Southview Subdivision to the City of
Southlake. Water facilities will be installed in
accordance with plans and specifications to be
prepared by the Developer's engineer and approved by
the City. Further, the Developer agrees to complete
this installation in accordance with Ordinance No.
170 and shall be responsible for all construction
costs, materials and engineering. In the event that
certain water lines are to be oversized because of
City of Southlake requirements, the City will
reimburse the Developer for the oversize cost.
Additionally, the City agrees to provide temporary
water service at Developer's request, for
construction, testing and irrigation purposes only,
to individual lots during the construction of homes,
even though sanitary sewer service may not be
available to the homes.
-4-
Ury or 5outhlake, Texas
B. DRAINAGE:
Developer hereby agrees to construct the necessary
drainage facilities within the addition.
facilities shall be in accordance with the planshese W and
specifications to be prepared by Developer's
engineers, approved by the City Engineer the City,
and made part of the final plat as approved by the
City Council.
C. STREETS:
1• The street construction in the Southview
residential development of the City of
Southlake shall conform to the requirements in
Ordinance No. 217. Streets will be installed
in accordance with plans and specifications to
be prepared"o's-Y `the Developer's engineer and
approved by the City Engineer.
2. The Developer will be responsible for: a)
Installation and one year operation of street
lights; b) Installation of all street signs
designating the names of the streets inside the
subdivision, said signs to be of a type, size,
color and design standard generally employed by
the Developer and approved by the City in
accordance with City ordinances; c)
Installation of all regulatory signs
recommended by the Manual on Uniform Traffic
Control Devices and as directed by an
engineering study performed by the Director of
Public Works.
3. All street improvements will be subject to
inspection and approval by the City of
Southlake. No work will begin on any street
included herein prior to complying with the
requirements contained elsewhere in this
agreement. All water, sanitary sewer, and
storm drainage utilities which are anticipated
to be installed within the street or within the
street right-of-way will be completed prior to
the commencement of street construction on the
specific section of street in which the utility
improvements have been placed or for which they
are programmed. It is understood by and
between the Developer and the City that this
requirement is aimed at substantial compliance
-5-
a
City of Southlake, Texas
the majority of the
ities. It is understood that r in lanned
construction project a decision later may ebe
made to realign a line or service which may
occur after construction has commenced. The
Developer has agreed to
Director of Public Works asadvise the City
quickly
when such a need has been identified Possible
and to
work cooperatively with the City utility change in a manner that to make be such
disruptive to street construction or stabilityst
ON -SITE SANITARY SEWER FACILITIES:
The Developer hereby agrees to install sanitary
sewerage collection facilities to servi
shown on the final ce lots as
plat of Southview Subdivision to
the City of Sout_ i' ke,
Will be installed in accordance Sanitarwith the sewer facilities
specifications to be prepared b Plans and
engineer and approved b Y the Developer's
Y the Ci Developer ty,
P agreeFurther, the
s to complete this installation in
compliance with all applicable city or,
regulations and codes and shall be r sp nsiinanble cfor
all construction costs, materials and engineering,
III. GENERAL PROVISIONS:
A. Developer covenants and agrees to and does hereby
fully indemnify, hold harmless and defend the City,
its officers, agents, servants and employees, from
all claims, suits or causes of action of any nature
whatsoever, whether real or asserted, brought for or
Property, account of any injuries or damages to persons or
including death, resulting from or in any
way connected with the agreement or the construction
Of the improvements or facilities described herein;
which indemnity, shall terminate upon acceptance by
the City of such improvements or facilities; and in
addition, the Developer covenants to indemnify, hold
harmless and defend the City,
servants and employees, from andta ainsteanI agents,
claims, suits or causes of action of anyand all
whatsoever, brought for or on account of injuriesordamages to persons or property, includin
resulting from any failure to g death,
properl
work, or on account of an y safeguard the
intentional o
otherwise, neglect or misconductc oaf, the Developer,
its contractors, subcontractors, agents, servants or
employees, which indemnity, shall terminate upon
acceptance by the facilities. City of such improvements or
B. Venue of any action brought hereunder shall be in
Fort Worth, Tarrant County, Texas.
-6-
,2 3- i
City of Southlake, Texas
C. Approval by the City Engineer of any plans, designs
or specifications submitted by the Developer
pursuant to this agreement shall not constitute or
be deemed to be a release of the responsibility and
liability of the Developer, his engineer, employees,
officers or agents for the accuracy and competency
of their design and specifications. Such approval
shall not be deemed to be an assumption of such
responsibility and liability by the City for any
defect in the design and specifications prepared by
the consulting engineer, his officers,
agents,servants or employees, it being the intent of
the parties that approval by the City Engineer
signifies the City's approval on only the general
design concept of the improvements to be
constructed. In .this connection, the Developer
shall for a period' of two (2) years after the
acceptance by the City of Southlake of the completed
construction project, indemnify and hold harmless
the City, its officers, agents, servants and
employees, from any loss, damage, liability or
expense on account of damage to property and
injuries, including death, to any and all persons
which may arise out of any defect, deficiency or
negligence of the engineer's designs and
specifications incorporated into any improvements
constructed in accordance therewith, and the
Developer shall defend at his own expense any suits
or other proceedings brought against the City, its
officers, agents, servants or employees, or any of
them, on account thereof, to pay all expenses and
satisfy all judgements which may be incurred by or
rendered against them or any of them in connection
with herewith.
D. This agreement or any part thereof or any interest
herein, shall not be assigned by the Developer
without the express written consent of the City
Manager, which shall not be unreasonably withheld or
delayed
E. On all facilities included in this agreement for
which the Developer awards his own construction
contract, the Developer agrees to employ a
construction contractor who is approved by the City,
and whose approval shall not be unreasonably
withheld or delayed, said contractor to meet City
and statutory requirements for being insured,
licensed and bonded to do work in public streets and
to be qualified in all respects to bid on public
streets and to be qualified in all respects to bid
on public projects of a similar nature. In
addition, the Developer or Contractor shall furnish
IWAM
City of Southiake, Texas
the payment and performance bonds in the name of the
City prior to the commencement of any work hereunder
and shall also furnish to the City a policy of
general liability insurance.
F. Work performed under the agreement shall be
completed within two (2) years from the date
thereof. In the event the work is not completed
within the two (2) year period, the City may, at its
election, draw down on the performance bond, letter
of credit or other security provided by Developer
and complete such work at Developer's expense;
provided, however, that if the construction under
this agreement shall have started within the two
(2)year period, the City may agree to renew the
agreement with such renewed agreement to be in
compliance with the City policies in effect at that
time. •_
IV. OTHER ISSUES:
A. OFF - SITE SEWER:
The City of Southlake has awarded a contract for
construction of the S-6 gravity sewer line. The S-6
line will provide sanitary sewer service at F.M.
1709 (just east of Diamond Circle Estates). The
Proposed S-6 sewer line is scheduled to be completed
in late 1990. The Developer agrees that the City
will not accept the subdivision
nor will
Certificates of Occupancy will be issued by the City
until the S-6 sewer line and the off -site sewer line
of this subdivision is completed and accepted by the
City.
The Developer agrees that it will be his/her
responsibility to provide sanitary sewer from the
subdivision to the S-6 sewer line. It is agreed
that it will be the Developer's responsibility to
acquire all easements necessary for the construction
of the sewer line. The City agrees that it will
assist the Developer in obtaining any and all
easements required. The Developer agrees to pay all
costs associated with the construction of the sewer
line including but not limited to construction,
engineering, surveying, easement acquisition and
preparation costs and all costs associated with
condemnation if required.
It is agreed that if the Developer is eligible for
reimbursement of the cost of the installation of the
0 -; �: sewer line that such reimbursement will be as per
the Sewer Pro Rata Ordinance.
-8-
City of Southlake, Texas
B. PARR FEES:
The City and Developer agree that there are no park
fees due for Phase I of SouthView.
C. PERIMETER STREET ORDINANCE:
The Developer agrees to
Section IV, Paragraph
Ordinance No. 494.
D. EROSION CONTROL:
perform in accordance with
B, sub paragraph 2 of
During construction of the subdivision and after the
streets have been installed, the Developer agrees to
keep the streets free from soil build-up. The
Developer agree tj�1use soil control measures such
as hay bales, i� 'dcreening, hydromulch, etc. to
prevent soil erosion. It will be the Developer's
responsibility to 'present to the Director of Public
Works a soil control development plan that will be
implemented for this subdivision. When in the
opinion of the Director of Public Works there is
sufficient soil build-up on the streets and
notification has been given to the Developer, the
Developer will have seventy-two (72) hours to clear
the soil from the streets. If the Developer does
not remove the soil from the street within 72 hours,
the City may cause the soil to be removed either by
contract or City forces and placed the soil within
the subdivision.
The Developer agrees to place in escrow to the City,
prior to start of construction, the sum of $5,000 to
be paid to the City or to a contractor for the
purpose of removing the soil if the Developer does
not remove the soil within 72 hours. This
requirement will be enforced until the project has
been completed and accepted by the City at which
time the remaining unspent funds will be returned to
the Developer.
IM
.Or?3
City of Southlake, Texas
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: SOUTUVIEW JOINT VENTURE
By:
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
BY:
Gary Fic es
Mayor
ATTEST:
Sandra LeGrand, City Secretary'
Date:
-10- - --v
City of Southlake, Texas -
M E M O R A N D U M
August 31, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: CPE Sewer Project
On June 26, 1990, bids were received for the CPE Sewer
Project. The bid specification required the contractor to
hold their bid prices for ninety days. The 90 day time
period will expire on September 24, 1990. In order to
retain the contractor's bid for the project, the Council
will need to take action on awarding the contract at either
the September 4th or September 18th council meeting.
The staff is respectfully requesting direction from the
Council on this issue. Please place this item on the
Council's next agenda for consideration. If you have any
questions, please contact me.
Al 1�
MHB/lc
City of Southlake, Texas
TO:
FROM:
SUBJECT:
M E M O R A N D U M
August 29, 1990
Curtis E. Hawk, City Manager
Michael H. Barnes, Director of Public Works
City Hall Expansion Bids
On August 2, 1990 bids for the purchase and installation of
a portable building for expansion to City Hall were opened
and read aloud. Attached is the bid tabulation comparing
the actual purchase cost versus a 24 month lease and three
additional alternatives.
The three additional alternatives are defined below:
Alternate #1: Furnish and install vinyl -covered 1/2"
thick gypsum board at all interior partitions, including
interior face of exterior walls, in lieu of 1/4" vinyl
covered paneling.
This alternate was added for better sound -proofing and
aesthetics.
Alternate #2: Furnish and install a 57 oz. carpet in
lieu of 24 oz. carpet.
This alternate was added to give a longer life to the
flooring and a more pleasant atmosphere.
Alternate #3: Furnish and install 3/4" thick
sturd-i-floor decking in lieu of 5/8" thick decking.
This alternate was added to give better stability to the
floor and a longer floor life.
Council member Hall, Mayor Protem Springer and myself
visited the plant site of the apparent low bidder, Amtex
Corp., on Friday, August 17, 1990. We were given a tour of
the plant and witnessed the actual formation of how the
portable buildings are put together.
The Architect, Allen & Buie Partnership, has talked with
Amtex and myself and have determined that Amtex generally
conforms to the bid specifications (see attached letter from
Allen/Buie). The five items listed in Mr. Allen's letter
have been discussed with Amtex and all items have been
resolved.
Page 2
Amtex has informed the City that if the City awards the
contract on September 4, 1990, they will be able to deliver
the building sometime in mid -October. Staff is currently
drawing up bid specifications for the site work and
anticipates having construction complete in late October and
having the portable building completed and installed by the
first week in November (see attached Portable Building
Schedule).
Funds for the project are anticipated to be available on
September 25, 1990, according to the City's financial
advisor, First Southwest Company.
The proposed budget for the building, set-up, and air
conditioning is $75,000 and the site work is $30,000.
Therefore, it is the Staff's recommendation that the
contract for the purchase and installation of a portable
building for City Hall be awarded to Amtex Corporation and
that the three alternat in ed in the award for a
total contract price of $70..657.48.
Please place this on the Council's next agenda for
consideration. If you have any questions or if I can be of
further assistance, please contact me.
MHB/lc
attachments
as --a
City of Southlake, Texas
RESOLUTION
(EFFF=4*E-ZATE.
OLUTION OF THE CITY COUNCIL OF THE CITY
UTHLAKE, TEXAS, AWARDING A CONTRACT TO
IDDER, FOR THE PORTABLE BUILDING FOR THE
HALL EXPANSION PROJECT. PROVIDING AN
WHEREAS, on August 2, , bids were opened fr the
portable building for the City Hall Expansion Project; and,/
WHEREAS, low bid was received by Amtex Corporation,
Garland, Texas, as outlined in the bid tabulations in Exhibit
"A", attached hereto; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the bid for the portable building in the City
Hall Expansion Project, be awarded to low bidder, Amtex
Corporation.
Section 2. That this Resolution shall become effective of the
date of approval by the City Council.
PASSED AND APPROVED this the day of ,
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
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a S- 3
The Allen/Buie Partnership
August 17, 1990
Mr. Mike Barnes, P.E.
Director of Public Works
City of Southlake
667 North Carroll Ave.
Southlake, TX 76092
Re: Portable Prefabricated Structure
Dear Mike,
_s
AUG 2 0 109
PUBLIC WORKS DES;
C��
At your request, we contacted Jerry Andrews of Amtex Corporation, the low
bidder, on August 6, 1990 and reviewed by telephone specifications for the
portable building. At that time, we requested a copy of Amtex general
specifications and photographs of buildings similar to the project for
Southlake City Hall. This submittal was received on August 13, 1990.
Based on our conversation with Mr. Andrews and review of the submittal
the following comments are made. Generally, the proposed Amtex building
meets the specifications with the following exceptions and/or questions:
1. Details and description of roof seam flashing as proposed by Amtex
will be submitted for approval (varies from specifications).
2. Fire -rated gypsum board at ceiling construction is not proposed. This
is acceptable unless required by City of Southlake building code.
3. The new wall adjacent to the existing building has one hour fire rating.
One hour rating of openings in this wall was not included by Amtex.
4. Exterior siding is a substitution and should be reviewed for approval.
5. Amtex advised that overhead electrical service to the building was
considered in the bid and that EMT conduit is not required in accord with
codes for portable building construction. Bid Documents call for conduit
and for underground service entering the building under the floor.
We also requested that Mr. Andrews submit a proposed contract and lease
agreement to your office. After your review, please advise if you have
any questions.
Sincerely,
r *.Allen, FAIA
REA/ja
Enclosure
CC: Mr. Jerry Andrews, Amtex Corp.
Architects Ranre•s corco a eo _OG Peg -es mace '_o^5i,ew -eKas 756C' 21- 753-5502
as- y
H
M E M O R A N D U M
August 23, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Portable Building Schedule - F.Y.I.
-----------------------------------------------------------r-
For your information there are several processes that the
Staff will have to go through to complete the portable
building installation. Below is an outline of those
processes:
I. City Council (CC), Planning & Zoning Commission (P&Z),
and Zoning Board of Adjustments (ZBA) Request
Function Date Request
P&Z Sept. 6, 1990 Specific use request
for portable buildings.
ZBA Sept. 10, 1990 Buffer yard variance.
CC Sept. 18, 1990 Specific use request
for portable buildings
and variance for
masonary construction.
II. Portable Building Acquisition
A. Award (received bids on 8/2/90) contract for
building on September 4, 1990.
B. Foundation construction will start first two
weeks in October.
C. Building set and complete after parking lot
complete approximately the week of November 5.
III. Site Work Construction (Parking Lot)
Advertise for bids
Receive bids
Award Contract
Start Site Work Const.
Complete Site Work Const.
Install Portable Building
September 2 & 9, 1990
September 27, 1990
October 2, 1990
October 15, 1990
October 26-November 2, 1990
November 5-9, 1990
'Is-- s'
City of Southlake, Texas
' I _ Page 2
These dates are my estimates based on my construction experience.
I think they are close but 'will be able to give definite dates
after the site work has been bid. If you have any questions,
please contact me.
v
MHB/lc
cc: Renee Wheeler, Finance Dept.
City of Southlake, Texas
M E M O R A N D U M
August 31, 1990
TO: Honorable Mayor Fickes and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Response to Draft Environmental Impact Statement
(DEIS)
-------------------------------------------------------------
Enclosed for your consideration is a proposed resolution in
response to the DEIS. Also enclosed is a copy of the
Mayor's Cover letter to the Chairman of the D/FW Board and
the Executive Director of D/FW.
CEH/kb
City of Southlake, Texas
RESOLUTION NO.90-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, REQUESTING THE DELETION OF
ALTERNATIVE 4 OF THE DRAFT ENVIRONMENTAL IMPACT
STATEMENT (DEIS) FROM THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT'S RUNWAY 16/34 EAST AND
RUNWAY 16/34 WEST.
WHEREAS, the City of Southlake has received the Draft
Environmental Impact Statement (DEIS) for the Dallas/Fort Worth
International Airport's Runway 16/34 East and Runway 16/34 West;
and,
WHEREAS, the DEIS Alternative 4 includes a new
designated Runway 12/30 which will produce adverse environmental
impacts on the residents of Southlake; and,
WHEREAS, the City of Southlake in March, 1988, entered
an agreement with the Federal Aviation Administration, the
Dallas/Fort Worth International Airport Board, American Airlines,
Inc,. and Delta Airline, Inc., concerning noise protrusion over
the noise sensitive area within the City of Southlake and future
land use within the noise sensitive areas, and,
WHEREAS, the Alternative 4 of the DEIS creates a new
noise protrusion over noise sensitive areas of the City of
Southlake, now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. The above premises are found to be true and correct
and are incorporated into the body of this resolution as if
copied in its entirety.
Section 2. The City of Southlake requests the Alternative 4 of
the DEIS be deleted from the list of viable alternatives for
Runway 16/34 west.
Section 3. This resolution is hereby in effect upon passage by
the City Council.
PASSED AND APPROVED this the day of
11
City of Southlake, Texas
Resolution 90-61 Formal response to DEIS
page two
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fic es, Mayor
ATTEST:
Sandra L. LeGran
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
Mayor.
Gary Fckes
Mayor Pro Tem:
Betty Springer
Councilmembers:
Richard W. Wilhelm
Jerry Farrier
Sally Hall
W. Ralph Evans
City Manager.
Curtis E. Hawk
City Secretary -
Sandra L LeGrand
City of Southlake
September 4, 1990
Louis J. Zapata
Chairman, DFW Airport Board and
Oris W. Dunham, Jr.
Executive Director
DFW International Airport Board
P.O. Drawer DFW
DFW Airport, Texas 75261
Dear Messrs. Zapata and Dunham:
We have reviewed the Draft Environmental Impact
Statement (DEIS) for Runways 16/34 East and 16/34 West.
There are numerous comments that could be made
concerning the document's text. (For example, are the
assumptions concerning acceptable levels of delay
overstatements? Are the statements concerning existing
noise -sensitive land uses, noise impacted dwellings,
future noise impacts, and other negative impacts
understatements?) However, given the spirit of our
agreement with the FAA, the D/FW Airport Board, and
American and Delta Airlines, we will restrict our
comments to Alternative 4 of what the report refers to
as viable alternatives for Runway 16/34 West, and the
resultant new diagonal Runway 12/30.
The report narrative on 16/34 West stresses that each
of the eleven alternatives provide the benefits of a
reduction in delay time and an increase in airport
capacity, among other things. In reviewing the
description and advantages of Alternative 4, several
salient facts become evident vis-a-vis the other
alternatives:
alternative 4 includes two runways --the Runway
16/34 West, and a second Runway 12/30 which
would be located 3,000 feet south of, and
parallel to, existing Runway 13R/31L;
existing Runway 13R/31L is planned to remain
open, and, staggered parallel approaches would
be possible when needed on Runways 13R/31L and
12/30, but most of the operations on 13R/31L
would shift to the new parallel diagonal Runway
12/30;
667 North Carroll Avenue - Southlake, Texas 76092
(817) 481-5581 - FAX (817) 481-0036
Louis J. Zapata
Oris W. Dunham, Jr.
September 4, 1990
Page 2
the construction of the 16/34 West and Runway
12/30 together would "...give the airport the
highest operational capacity of the alternatives
considered."
The comment concerning the "highest operational
capacity" is particularly troublesome to the City of
Southlake. We have been told by several people with
D/FW ties, unofficially, that Alternative 4 is not
practical, and thus will not be given operational
consideration. Although it is not listed as the
preferred alternative, the fact that Alternative 4 is
considered "viable" coupled with the "highest
operational capacity" comment leads us to believe that
it is an alternative that D/FW would give serious
consideration to. The described disadvantages of
Alternative 4 do not give us comfort (highest impacts
to wetlands, uplands, water quality, floodplains, and
air quality, plus a more perceptible change in noise
levels due to shift of aircraft operations over
additional areas of Southlake).
It is also troublesome to find that data concerning the
impact of the proposed Alternative 4 does not appear to
differentiate between 16/34 West and 12/30 (for
example, the future noise contour projections listed on
page 3-67). It is clear, however, that under
Alternative 4 the noise contour extension generated by
aircraft operations on Runway 13R/31L would be shifted
approximately 3,000 feet south, representing increased
noise impacts over the portion of Southlake that is
most rapidly developing. The DEIS gives scant
attention to this fact.
It appears that the inclusion of Alternative 4 for
Runway 16/34 West is a signal that the existing
Agreement over Runway 13R/31L has little meaning to the
airport signatories to the Agreement. The City of
Southlake, on the other hand, has taken steps to make
sure there would be no future incompatible land uses in
the 13R/31L corridor as set out in the Agreement. The
construction of a new diagonal 12/30 would effectively
nullify our efforts.
It is our firm belief that any action inconsistent with
the terms of the Agreement would be totally
unacceptable on our part and evidence of bad faith on
the part of the airport signatories. The issue of bad
faith by D/FW has been bantered about in the media by
many. One way of establishing good faith on the part
of D/FW and the other airport signatories would be to
eliminate Alternative 4 from further study concerning
Louis J. Zapata
Oris W. Dunham, Jr.
September 4, 1990
Page 3
16/34 West. The attached Resolution of the City
Council of the City of Southlake respectfully requests
such action. We would also like to receive a copy of
the D/FW Airport's 1967 master plan and the draft of
the new document which will replace the 1967 plan.
Please consider this a request under the Open Records
Act.
The City of Southlake recognizes the need for D/FW to
plan for its future. We hope that the Airport
recognizes our need to do likewise. We feel it
imperative that more attention be given to the impact
of the new diagonal on the developing portion of
Southlake, and that the airport signatories let us know
in writing whether or not our 1988 Agreement is still
viable.
Sincerely,
Gary Fickes
Mayor
City of Southlake
GF/kb
City of Southlake, Texas
M E M O R A N D U M
August 31, 1990
TO: HONORABLE MAYOR FICKES AND MEMBERS OF CITY COUNCIL
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-66, Establishment of Committee for
Southlake Library
-------------------------------------------------------------
During the last City Council meeting, Mrs. Karen Apple asked
the City Council to consider a resolution establishing a
committee to provide the City of Southlake with a public
library. Council asked that a Resolution be on the agenda
for September 4, 1990.
If you have any questions, please do not hesitate to contact
me.
SLL/sl
City of Southlake, Texas
RESOLUTION NO.90-66
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR
THE ESTABLISHMENT OF A COMMITTEE TO PROVIDE
THE CITY OF SOUTHLAKE WITH A PUBLIC LIBRARY;
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO
SERVE ON THE COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, for the betterment of the quality of life in
Southlake, the City Council of the City of Southlake deems it to
be in the best interest of the citizens to establish a committee
for the purpose of establishing a Southlake Public Library; and,
WHEREAS, a Southlake Public Library will provide an
incentive for economic growth by showing that Southlake cares
about the quality of life; and,
WHEREAS, Southlake citizens currently have free access
to the Grapevine Public Library, however, an Interlocal Agreement
between the City of Grapevine and City of Southlake for use of
their library would be desirable; and,
WHEREAS, the committee will be charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, looking into a site for a Southlake Library and
looking into a possible building for a library; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the above premises are hereby found to be true
and correct and are incorporated into the body of this resolution
as if copied in its entirety.
Section 2. The committee is hereby charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, for the use of the ..Grapevine Public Library; looking
into a site for a Southlake Public Library; and, looking into a
building for the Southlake Public Library.
Section 3. That the following persons are hereby appointed to
serve on the committee to provide the City of Southlake with a
public library:
1.
2.
3.
4.
5.
C9r-
City of Southlake, Texas
Resolution 90-66, Southlake Library Committee
page two
Section 4. That this resolution is hereby effective upon
passage by the City Council.
PASSED AND APPROVED this the day of
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
31-- 3
City of Southlake, Texas
M E M O R A N D U M
August 31, 1990
TO: HONORABLE MAYOR FICKES AND MEMBERS OF CITY COUNCIL
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-66, Establishment of Committee for
Southlake Library
During the last City Council meeting, Mrs. Karen Apple asked
the City Council to consider a resolution establishing a
committee to provide the City of Southlake with a public
library. Council asked that a Resolution be on the agenda
for September 4, 1990.
If you have any questions, please do not hesitate to contact
me.
he
SLL/sl
City of Southlake, Texas
RESOLUTION NO.90-66
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR
THE ESTABLISHMENT OF A COMMITTEE TO PROVIDE
THE CITY OF SOUTHLAKE WITH A PUBLIC LIBRARY;
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO
SERVE ON THE COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, for the betterment of the quality of life in
Southlake, the City Council of the City of Southlake deems it to
be in the best interest of the citizens to establish a committee
for the purpose of establishing a Southlake Public Library; and,
WHEREAS, a Southlake Public Library will provide an
incentive for economic growth by showing that Southlake cares
about the quality of life; and,
WHEREAS, Southlake citizens currently have free access
to the Grapevine Public Library, however, an Interlocal Agreement
between the City of Grapevine and City of Southlake for use of
their library would be desirable; and,
WHEREAS, the committee will be charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, looking into a site for a Southlake Library and
looking into a possible building for a library; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the above premises are hereby found to be true
and correct and are incorporated into the body of this resolution
as if copied in its entirety.
Section 2. The committee is hereby charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, for the use of the :Grapevine Public Library; looking
into a site for a Southlake Public Library; and, looking into a
building for the Southlake Public Library.
Section 3. That the following persons are hereby appointed to
serve on the committee to provide the City of Southlake with a
public library:
1.
2.
3.
4.
5.
L9/ z
I
City of Southlake, Texas
Resolution 90-66, Southlake Library Committee
page two
Section 4. That this resolution is hereby effective upon
passage by the City Council.
PASSED AND APPROVED this the day of
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
L
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
31-- 3