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1990-07-03 CC PacketA City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING JULY 3, 1990 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's meeting agenda REGULAR SESSION: 7:30 P.M. 1. Call to order. Invocation. 2. Approval of the Minutes of the Regular City Council Meeting held on June 19, 1990. 3. Mayor's Report. 4. City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: Resolution 90-51, authorizing the Staff to advertise for bids for the expansion of City Hall facilities. REGULAR SESSION: 6. Public Forum. 7. Consider: Accepting the bid for Continental Park Estates Sewer System Project, and authorizing award of bid. 8. Consider: Accepting the recommendation of the Committee for Court of Record. 9. Consider: Developer Agreement for Lemke Construction Company. 10. Executive Session Pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. Section 2(e), 2(f), and 2(g). Refer to Posted List. A. Discussion: Pending or contemplated litigations. B. Discussion: Personnel matters, including Boards and Commissions (Refer to posted list) City of Southlake, Texas 0 191 City Council Agenda July 3, 1990 page 2 C. Discussion: Land Acquisition. D. Return to Open Session. 12. Consider: Action necessary in regards to pending or contemplated litigations. (Refer to posted list) 13. Consider: Action necessary in regards to personnel matters. including Boards and Commissions (Refer to posted list) . 14. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin board at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, June 29, 1990, at 5:00 p.m. pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. Sandra L. LeGr City Secretary Vi City of Southlake, Texas EXECUTIVE SESSION PERSONNEL The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney, Municipal Court Judge and City Boards and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary's Office. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. PENDING LITIGATION The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Jerry W. Crowder v. City of Southlake. October, 1988. 2. Billie N. Farrar v. City of Southlake. June, 1988. 3. Ray L. Whitmore, Louis Messina and Marie J. Robinson v. City of Southlake. 1980. 4. Russell Sivey v. City of Southlake. September, 1989. CONTEMPLATED LITIGATION 5. Vibra Whirl v. City of Southlake 6. Margaret Freemen Claim. January, 1990. 7. West Beach Addition Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. SLL 6/15/90 A City of Southlake, Texas i E M 0 R A N D U M June 29, 1990 HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS COUNCILMEMBER SALLY HALL Absence from July 3, 1990 City Council Meeting I will not be able to attend the Regular City Council of July 3, 1990, as my family and I will be out of the area for the 4th of July Holiday. Please excuse my absence. i City of Southlake, Texas [ E M 0 R A N D U M June 29, 1990 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: July 3, City Council Agenda Item and Other Items of Interest 1. Concerning the Agenda, I believe this is one of the shortest we have had in terms of items since I have been here. I wish I could take credit. 2. Agenda Item No. 5. Authorizing staff to advertise for bids for City Hall addition. This item is to allow us to fix the cost for the modular building proposed to be added to the back of the existing facility. The specifications will state that we reserve the right to reject all bids if the cost is too high. Once bids are received, we will bring them to you for consideration (anticipated date of August 7th). We have planned to place the amount in the budget for FY90-91. It will be that long before we can go through the process. 3. Agenda Item No. 7. Bids for Continental Park Sewer. The bids received for the CPE sewer project were very favorable. As you recall, the cost for the sewer was originally estimated to be $285,600 before we reduced the Scenic Drive costs ($55,600) and the Oakwood Trail costs ($88,000) to a pro rata share for CPE. To recapitulate, after the pro rata reductions, we estimated the cost to be as follows: Continental Park Sewer Cost *CPE Pro Rata Cost - Scenic Drive $ 14,000 Remainder of CPE Pro Rata Cost 180,000 CPE Total Cost 194,000 X 75% $145,500 CPE Incentive Cost Based on 75% of Actual Cost = $145,500 = $2,078 70 Honorable Mayor and Agenda Item Comments June 29, 1990 Page 2 Members of City Council and Other Items of Interest CPE Assmnt Cost = $194,000= $2,771/lot X .90% _ 70 $2,494/lot *CPE = Continental Park Estates The estimated cost of $230,000 included engineering. The bids received are for construction only. The estimated cost also only included the repair of the street area where the sewer line is to be placed, i.e., did not include cost of street reconstruction. The bid specs had a base bid option that included street reconstruction, and as an alternate, only the cost of street repair. The low bidder on each option, Wright Construction, had a bid of approximately $249,000 to reconstruct the streets. Staff recommends that we accept the bid to reconstruct the streets. The cost to the benefitted property owners would not change from what we previously estimated ($145,500). The City could pay the additional $19,000 out of the remainder in our Street and Road Improvement Fund, which has approximately $22,000 remaining after paying for Kimball and Shady Oaks this year. This would be an appropriate expenditure of the funds, it is a very favorable bid that we might not otherwise subsequently receive, and we would be completing the work as one project. 4. Agenda Item No. 8. Court of Record Recommendation. On June 19, the City Council received the report and recommendation of the Court of Record Study Committee. The Committee recommended you consider setting up a Court of Record for Southlake. Should you choose to do so, the enabling statute requires the City to hold an election to determine whether the judge will be elected or appointed by Council. Given the time frame, the date to hold an election would be either in November or January. August is too soon. The statute requires that, once the municipal court of record has been initially created, there must be an election on the question of electing or appointing judges ..on the first succeding uniform election date for which sufficient time elapes for the holding of an election." Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 29, 1990 Page 3 Should you vote to create a court of record, by ordinance, on August 7th (1st reading) and August 21st (2nd reading), the Court could be in place by September 1st. This would require a November 6 election. To get to a January 19th election, the Court would have to be created after the November date. (Actually, you could probably create the Court in October for a January election.) If you accept the recommendation of the Committee and elect to proceed with a Court of Record, we would like your direction on the timetable. 5. Agenda Item No. 9. Lemke Developer's Agreement. This agreement is a little different from others in that Lemke is also the contractor, and the improvements are not on public right-of-way. Other Items of Interest 6. Continental Park Sewer Assessments. Staff has been oriented on the process to follow in the collection of money from the benefited property owners in CPE. For those who do not pay their full share of $2,078 up front but who choose to participate with the City in a payout plan, the process will be as follows: 1) The property owner will sign a promissory note with the City, and pay a first installment of $1,079. The note provides that the balance will be paid in payments of $333 each plus interest accrued on or before January 1, 1991, July 1, 1991, and January 1, 1992. 2) The property owner at the same time will sign a mechanic's lien. The amount of the lien is $2,494, the assessment cost, but the liens state that once the $2,078 plus interest has been paid, the lien becomes null and void. 3) The City will complete a notice of assessment on the property, with an amount of assessment of $2,494. 4) The City will file the mechanic's lien and notice of assessment with the Tarrant County Deed Records. Honorable Mayor and Agenda Item Comments June 29, 1990 Page 4 Members of City Council and Other Items of Interest The notice of assessment will also be filed on the property of those who choose not to participate with the City. The City would not receive the amount until it is voluntarily paid by the property owner, or until such time as the property is sold. 7. Impact Fees under Ordinance #330. Last meeting, June 19th, Council voted to resume collecting impact fees under the existing ordinance. Due to a couple of questions that were raised, staff decided not to begin collecting the fees again until July 1. I asked Wayne Olson for a written response. (see attached) The following is an overview. We will charge all new water customers a $500 impact fee at application for a water tap, with the exception of Chapel Downs and Chimney Hill who paid $1500 a lot in lieu of impact fees. We will charge an impact fee of $500 for sewer to all new sewer customers at the building permit time except Chapel Downs, Chimney Hill, Arvida, and existing homes. The existing homes are exempt because Ordinance No. 330 applies only at building permit. Even though the new ordinance will go into effect on August 7, 1990, we will not be able to assess the new impact fee on already platted property for one year after the adoption of the new ordinance. For these properties, we will still be able to assess the fees under the old ordinance. For properties platted after August 7, 1990, we will be able to assess the new rate. 8. New Regional Water District. See the attached letter we received from the Upper Trinity Regional Water District. This is something we may want to consider. 9. Note attached letter from Wayne Hunter concerning the December completion date of the Big Bear Creek Intercepter Sewer Line. 10. Building Inspection Vacancy. We are nearing completion of our search to fill the vacant Building Inspection and Code Enforcement positions. We hope to have a selection by the end of next week. 11. We have been investigating Alan Carlton's assertion that there are 130 some -odd water wells with cross -connections to our water supply. We are/were aware of two and had taken steps to correct them. We Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 29, 1990 Page 5 do not even have an accurate count of existing wells. Research of our records to date indicates there are 15 existing wells. We know this isn't accurate because, for one, the Springer's at 1024 Mission Drive are not on our list. We are continuing our research. The number of wells does not equate to cross -connections. Note the attached excerpt from my February 23, 1990 memo to you in which this was first brought to your attention. The code does allow the cross connection if the proper safety devices are installed. It was my understanding that the connections previously brought to our attention had been corrected. As we develop our inventory of existing wells, we will check for improper cross connections and have these corrected. No one here who should be in idea of where Alan Carlton's '46r F'� CEH k N position to know has any figures came from. CARvAN E. ADLaNs DAmL R. BARRSIT* ELLTABETJL ELAM DAvm Fmwwo E. GLENN GmFL M. CHARRLGER AYNE D. D. Hrrr USAN E. HumUSON SUSAN S. JONES WAYNE K. OLSON Tim G. SRALLA** E. ALLEN TAYLOR, JR. *BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPEaALPI.AnON **BOARD CERTIFIED aVIL APPELLATE LAW TEXAS BOARD OF LEGAL SPECIALIZATJON OF COUNSEL JAMFS P. WAGNER FIELDING, BARR= & TAYLOR ATTORNEYS 300 WESTERN NATIONAL BUn DING 8851 HIGHWAY 80 WEST FORT WORTH, TEXAS 76116-1969 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Southlake, Texas 76092 June 25, 1990 Re: Impact Fees Under Ordinance No. 330 Dear Curtis: FAx (817) 560-3953 You have asked me to render an opinion regarding the assess- ment of impact fees on current development within the City of Southlake. In particular, you asked me the status of the impact fees under Ordinance No. 330 which was adopted on June 21, 1986, and under the new impact fees which are proposed to be adopted on of second reading at the first meeting in August. Pursuant to your request, I have again reviewed Ordinance No. 330 and Chapter 395 of the Local Government Code with regard to the assessment and collection of impact fees. As you are aware, the impact fees charged under Ordinance No. 330 were temporarily suspended by the City Council in 1988. However, they were reinstated earlier this month. It is my opinion that these impact fees are still col- lectible on subdivisions that were platted prior to the adoption of a new impact fee under Chapter 395 of the Local Government Code. Chapter 395 specifically provides a methodology for the calculation of impact fees that are to be charged by cities under any ordinance which is adopted after June 20, 1987. As stated above, Ordinance No. 330 was adopted prior to this date, and therefore, it was, and is, permissible for the city to collect impact fees under this ordinance without compliance with the Chapter 395 methodology, subject to the potential penalties provided in Section 395.074. This section provides if the impact fee charged under Ordinance No. 330 exceeds the maximum permitted impact fee (using Chapter 395 methodology) by more than ten percent, then the city is liable to the developer for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys' fees and court costs. I believe the city has already determined through its new impact fee analysis that the impact fees Mr. Curtis Hawk June 25, 1990 Page 2 being charged under Ordinance No. 330 are well within the maximum permitted under Chapter 395. That being the case, no penalty will be assessed against the city. This section also provides, however, that an impact fee that is in place on June 20, 1987, must be replaced by an impact fee adopted under Chapter 395 on or before June 20, 1990. Although the city has substantially completed adoption of an impact fee using Chapter 395 methodology, final calculations and adoption of this fee will not take place until August 1990. Under the provisions of Section 395.074, Ordinance No. 330 does not automatically become void on June 20, 1990. However, it is my opinion that the city would be subject to a declaratory judgment by a developer that it has a duty to adopt a replacement ordinance within 60 days of being requested to do so by the developer (Section 395.071). In as much as the city is already on course to adopt a new ordinance well within this time period, this issue is moot. The ordinance that is adopted in August will be applicable only to subdivisions which are platted after the adoption date. For any subdivision which is platted prior to that time, an impact fee may not be collected under the ordinance for any building permit issued within one year after the date of adoption (see Section 395.016(c)). As explained above, however, Ordinance No. 330 does not automatically become void on June 20, 1990, or upon the adoption of this new ordinance, and therefore, the fees assessed and collected under that ordinance would be applicable during this one-year grace period. At the expiration of the one- year period, all subdivisions in the City of Southlake would be charged the fees required under the new ordinance. I trust I have adequately answered your inquiry. If you have any specific case scenarios which need to be addressed, please let me know. Very truly yours, W /(,o e*VV--_ Wayne K. Olson WKO/ j a cc: Mr. Mike Barnes Public Works Director Mr. E. Allen Taylor 0 UPPER TRINITY dad S .-;`'�� Regional Water District June 20, 1990 Mr. Gary Fickes, Mayor City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Mayor Fickes: JUN 2 1990 OF CITY SEOPPIC -REZM NOTICE CONCERNING RIGHTS OF YOUR CITY UNDER H.B.3112 ADOPTED BY TEXAS LEGISLATURE JUNE, 1989. You have a one-time opportunity to participate with neighboring communities as a Charter Member of a new regional utility agency. The Upper Trinity Regional Water District was created in 1989 by Act of the Legislature. The District will provide wholesale water, wastewater and solid waste services to member entities, whose incorporated limits are wholly or partially in Denton County. H. B. 3112 established the District and provided for a 2-year period, during which each eligible entity can decide whether to join the District. That 2-year period ends on June 16, 1991. H. B. 3112 includes some favorable provisions that make membership in the District very attractive and effective. * Cost for Contract Membership is limited to 50 cents per capita per year. * Provides membership options. * The District is a subdivision of the State but has no tax powers. * Can create subdistricts for retail service. * Provides wholesale service only; retail service remains a local responsibility. * Enables the District to obtain water supplies, treat and deliver drinking water, treat wastewater, manage cooperative solid waste programs, and assist with drainage control. * Participation in the District is voluntary. P.O. Drawer 305 • Lewisville, Texas 75067 • 214-219-1228 UPPER TRINITY Regional Water District * Members retain the right to obtain service from others. * Each member can appoint its own representative to the Board of Directors. A critically important feature of the legislation is the provision for Contract Membership at nominal cost, securing a 10- year option on services of the District. Six cities have already entered into membership contracts with the District. Several others have contracts under negotiation. By June 1991, when the organizational period ends, the District is expected to have 15 to 20 member cities. Enclosed is an overview of the regional program and its current status. Please review this material carefully. Assuring adequate and reliable utility services for your city is a critical and strategic issue for the future. The decision to join or not to join the District needs to be made soon. To assure that a contract can be approved and executed prior to June 1991, discussions need to start immediately. (W Please contact me if I can provide further information. Sincerely, l �An tin D. Adam President Board of Directors AA/Jw Enclosure: Overview of the Regional Program c: City Manager/City Secretary Council Members W UPPER TRINITY Regional Water District J OVERVIEW UPPER TRINITY REGIONAL WATER DISTRICT A Strategy for Regional Cooperation JUNE 14, 1990 In 1986, twenty five local entities from the Denton County area developed a master plan and a set of strategies to prepare for the future water and wastewater needs of the citizens. The cities, towns and utilities with assistance from County and State government banded together to develop a cooperative plan based on these premises: (1) Regional cooperation can produce efficiencies not available if each community develops an independent strategy for water and wastewater service. (2) To comply with water, wastewater and solid waste regulations being implemented by state and federal regulatory agencies, communities must .loin together to develop systems with economy of scale. (3) A conviction that an abundant water supply and an equally adequate wastewater system are necessary to sustain quality growth and to protect the environment in Denton County communities. Since the 1986 Water and Wastewater Study --Regional Master Plan for the Year 2010 was developed, the number of participating entities has increased to 32. The following entities are participating on a Steering Committee to oversee implementation of the plan: Argyle WSC City of Argyle City of Aubrey Bartonville WSC Town of Bartonville Blackrock WSC City of Carrollton City of Celina Town of Copper Canyon City of Corinth Dallas Water Utilities Denton County City of Denton Denton Co. FWSD Town of Double Oak Town of Flower Mound -1- City of Frisco City of Highland Village City of Justin City of Krugerville City of Krum Lake Cities MUA City of Lewisville Town of Little Elm Mustang WSC Town of Northlake Perare Water Co. City of Pilot Point Town of Ponder Town of Prosper City of Sanger City of The Colony UPPER TRINITY Regional Water District The Steering Committee developed legislation to create a regional utility to provide wholesale service to local utilities on a voluntary basis. The Texas Legislature enacted HB 3112 in June, 1989. and the Upper Trinity Regional Water District was formed. The new District can provide water, wastewater and solid waste services to members whose boundaries lie wholly or partially in Denton County. The legislation provides that entities may elect to join the District as Participating Members, as Contract Members or as Customers. A Participating Member is a governmental entity that contracts with the District for a specific service. A Contract Member is a governmental entity that contracts for an option to receive services in the future. A Customer is a non —governmental entity that contracts for a specific service. The legislation specified a 2—year organizational period ending June 1991 to give each entity an opportunity to join. Current membership activity includes: Participating Members: Executed Contract 1. Town of Little Elm Participating Members: Contracts Being Negotiated 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. City City City City City City Lake City City City of Argyle of Aubrey of Denton of Highland Village of Krum of Krugerville Cities Municipal of Pilot Point of Sanger of Corinth Utility Authority Customer Contracts Being Negotiated 1. Bartonville Water Supply Corporation 2. Mustang Water Supply Corporation 3. Argyle Water Supply Corporation Contract Members: Executed Contracts 1. City of Celina 2. City of Highland Village 3. City of Justin 4. City of Pilot Point 5. Town of Ponder -2- 4 UPPER TRINITY Regional Water District The remaining members of the Steering Committee have membership contracts under consideration for a final decision prior to June, 1991. The District is a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas. The District is a subdivision of the State but has no taxation powers, operating entirely from revenues for services rendered to members and customers. The District is governed by a Board of Directors. Initial members of the Board were designated in the Act and will serve for the 2—year period. Permanent members of the Board will be appointed by the governing body of each Contract Member and each Participating Member. Each Contract Member and each Participating Member, is entitled to appoint one member to the Board. The County acting through its Commissioners Court, shall appoint one member to the Board. To secure the right to appoint a member to the Board, an entity must become a Member within two years of the effective date of the Act (June 16, 1989). After that date, membership may or may not be opened by the Board, and if authorized, may be on different terms from Charter Members. Current projects of the District include: (1) Development of a regional water supply system with the City of Denton. (2) Explore acquisition of raw water supply for the future. (3) Construct an interim regional Wastewater Treatment Plant serving the Town of Little Elm. (4) Implement wastewater service for City of Argyle in cooperation with City of Denton. (5) Consideration of joint program for solid waste. (6) Development of contracts for District membership. (7) Development of a regional program for water conservation. (8) A joint elevated water tank with the City of Highland Village. In the near future, the District expects to initiate a regional wastewater project. Beyond that, the program of the District will be limited only by the vision and needs of its members. -3- Trhty Mier Autha ity of Texas Northem Region Office 3152.200 June 25, 1990 Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: Subject: Central Regional Wastewater System Big Bear Creek Interceptor Extension Project We have received your letter dated June 19, 1990, a copy of which is attached. Your letter identifies our originally scheduled completion date for the Big Bear Creek Interceptor Extension Project of October 1990 and a revised date of December 1990, and your letter requests that we identify what we intend to do should the December 1990 date be delayed and the City of Colleyville opts to collect a penalty from your City in conjunction with your Agreement with that City. As you are aware, based upon our last meeting with the four Cities funding the Big Bear Creek Interceptor Extension Project, Authority Management has been striving to complete the Big Bear Creek Interceptor Extension Project in as early a time frame as possible, giving particular emphasis to three water quality impacts which would be solved by the project, the City of Keller's Wastewater Treatment Plant and the concentration of problem -plagued septic tanks in Southlake, and the diversion of wastewater flows from the problem - plagued Summerplace Wastewater Treatment Plant, also in Southlake. To this end, we have structured the project to be constructed in four separate construction contracts, sequenced to address the above problems first and the remaining areas subsequently. To date, one construction contract is to be awarded next week in our regularly scheduled Board of Directors meeting, two separate construction contracts are to be advertised through July and subsequently awarded in August 1990 Board action, and the last segment is to be awarded in October 1990 Board action. Both of the two construction contracts scheduled to be awarded in August Board action are required for providing service to the City of Southlake and have been structured with substantial completion dates of December 31, 1990, meaning that these projects will be placed in service on or before that date. kwP.O. Box 240 Arlington, Texas 76010 (817)467-4223 3152.200 June 25, 1990 CURTIS HAWK Page 2 Accordingly, we have taken every measure to ensure that the project will be placed into service by the end of the year. In responding to your question, should a delay be incurred, this would be a delay which we are not anticipating and until that delay occurs and a cause for the delay becomes known, we are unable to address what action we would take. At this time, the only foreseeable potential delay would be one which was related to construction; to the extent a construction delay is to be incurred, the Authority would likely assess liquidated damages, a portion of which could be remitted to the City. However, until the delay is incurred, we cannot address a remedy for a penalty stipulated within your Agreement with the City of Colleyville. We will continue to keep you advised of our progress on this matter. Sincerely, AL)t— �. -'//� WAYNE K. HUNTER, P.E. Manager of Development /mek Attachment Mayor. Gary Fickes Mayor Pro Tem: Betty Springer Councilmembers: Richard W. Wilhelm Jerry Farrier Sally Hall W. Ralph Evans City Manager. Curtly E Hawk City Secretary. Sandra L LeGrand City of Southlake June 19, 1990 Wayne Hunter Manager of Development Trinity River Authority of Texas Northern Region Office P.O. Box 240 Arlington, Texas 76004 Dear Wayne: FIi Jut,] 1990 RECF D. ;"? Trinity River Authority of T, �� Northern ;xas region As we've discussed previously, our agreement with the City of Colleyville for an interim connection to the Colleyville Big Bear Creek Interceptor provides a penalty to be assessed us after December 31, 1990, if we are still connected to the Colleyville line rather than the TRA Big Bear Creek Interceptor. For the better part of a year, we were told that we would have the TRA Interceptor available by October, 1990. For the last 3-5 months, the date for our connection to the TRA Interceptor has been said, by you, to be December, 1990. I feel confident that you have given us the December, 1990 date only after careful consideration of the factors which entered into the project timetable. However, our comfort level requires something in writing that spells out what you intend to do concerning the penalty should the TRA line not be available by December, 1990. We entered the agreement (copy attached) with reliance upon your assurances that the TIM Interceptor Project would be completed by December, 1990. A written response to this letter would be appreciated. Sincerely, Curtis E. Hawk City Manager CEH/kb Attached: Colleyville-Southlake Agreement 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 481-0036 Honorable Mayor and Members of City Council Update and Other Items of Interest Crew February 23, 1990 Page 4 10. Private and Public Water Cross Connection. It has come to our attention that some property owners have tied their well water system to the City's public water system. The minimum standards set by the State Health Department provides that "...the distribution system of a public drinking water supply and that of any other water supply may not be physically connected unless the other water is of a safe and sanitary quality and the department approves the connection." The plumbing code specifies that "...there shall be no direct connection between any private water supply system and a public potable water supply system, except as approved in conformity with existing regulations by the health authority having jurisdiction." Private and public water supply cannot be connected unless both water supplies meet the Health Department Standards. This would mean that the private system, like the public system, would have to be tested each month to insure that the water is potable. Most of these situations appear to be with people connecting their well to their line for sprinkler systems. However, this can present problems when the pressure in the well is greater than our system, which is sometime the situation. Should our customers wish to continue these connections they will have to submit to a monthly test result. (This doesn't address whether or not you want this to be allowed.) Without the tests, there is a danger of contamination of our water supply. We will keep you posted. 11. Note the memo from Alan Carlton, Building Official, concerning Bob Jones Road just west of White's Chapel. We will follow-up. a- �_A � CEH kb City of Southlake, Texas — M E M O R A N D U M June 29, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: P & Z Meeting, July 5, 1990 This is to inform you that there will be no Planning and Zoning Commission Meeting on July 5, 1990 due to no new agenda items. ZA 90-19, ZA 90-24, and ZA 90-25 will be continued to the next meeting. The next regularly scheduled meeting will be on July 19, 1990. 0 City of Southlake, Texas I E M 0 R A N D U M June 29, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Advertise For Bids For City Hall Addition ------------------------------------------------------------- The Space Utilization consultants have studied the space needs of the staff and have made a preliminary report to the Council at the June 15, 1990 Council retreat. Included in the report was a recommendation of adding a modular building (36' x 601) to the back of the existing city hall building. At the retreat, the Council suggested that the consultants prepare bid specifications for the modular building for bidding purposes. The consultants are in the process of preparing these specifications and are ready to advertise for bids for the City Hall Addition. Please place on the City Council next agenda by resolution permission to advertise for bids for the City Hall Addition to be received by the City Secretary on Thursday, August 2, 1990 at 10:00. If there are any questions, please contact me. Re MHB/ew City of Southlake, Texas RESOLUTION NO.90-51 A RESOLUTION OF THE CITY COUNCIL OF THE \ CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY STAFF TO PROCEED WITH SEEKING BIDS FOR EXPANSION OF CITY HALL FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE THIS RESOLUTION: PROVIDING AN EFFECTIVE DATE. WHEREAS, On April , , -24, was approved, naming the firm of Allen/Buie Architects to prepare a Space Utilization Study for the City of Southlake; and, WHEREAS, a preliminary report was presented to the City Council on June 15, 1990, during the Council Retreat; and, WHEREAS, the consultants are in the process of preparing specifications and are ready to advertise for bids for the City Hall Addition; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That this Resolution hereby authorizes the City Staff, to proceed with advertising for bids under the Local Government Code, Chapter 252, Subchapters B & C, Competitive Bidding Requirements, for the expansion of City Hall facilities. Section 2. That this Resolution is hereby effective upon its passage. PASSED AND APPROVED this the day of , ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor S o<- City of Southlake, Texas • M E M O R A N D U M 'v ,. June 29, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Award Bids For Continental Park Estates (CPE) Sewer Project On June 26, 1990 at 10:00 A.M., bids for the CPE Sewer Project were opened and read aloud at City Hall. Attached is the bid tabulation from the bids received and a recommendation from Cheatham & Associates to award the bid to Wright Construction who was the low bid on both the Base Bid and Alternative Bid. The Base Bid included providing sanitary sewer service to the remainder of lots in CPE plus the reconstruction of the streets in CPE. The Alternate Bid included providing sanitary sewer service to the remainder of lots in CPE plus the repair of streets in CPE. The City Council has determined that this project cannot be awarded until such time that property owners in CPE has paid their share of the total project which was determined to be $145,500. The bid specs were prepared with that caveat in mind and the contractors submitted their bids with a 90 day bid bond. Based on the above, the staff recommends that the contract be awarded to Wright Construction based on the low Base Bid of $249,356.62 contingent upon the City receiving enough moneys from the property owners (amount to be determined by the City Council) to fund the project. Of the $249,356.62, $230,000 would be the amount to be funded by the City and CPE (see attached exhibit "A") and the remaining $19,356.62 would be funded from the Street Road and Maintenance Fund for the reconstruction of the streets in CPE. Please place this item on the City Council's next agenda for consideration. MHB/ew O A M al W 3 W O X a a 0 Q E z W z M H z 0 U cr) cM BM o C 0 ono � F+ w ti w O w N w CO CO N w CM w O w r-1 N m .ca N M b0 Q Cd 03 cz r-� k 14 rr-1 0 r � to to to O to O d� O Q w w w w w w p. C CU N m w vq N qw ri N C+7 r-1 N CM rl Cd t"t LO to O to to O N O r-1 +3 W N v 0) t` N O t` CD 0 -ri O r-i N to c+) 00 +3 +3 O O O 1` N qw -H co w •�"+ r-4 w N C17 r-1 00 O C) -H O 00 N O O 00 Q+) O ri N rl N 0 0 0 0 0 0 w ti 0 ti ti 0 1` .td tr; C� 4 Co r-4 C) w w w w w -H C 00 C7 00 1` t0 M ao 0o t` 0 00 ti 0 ri N ri N 0 U Ci O Vr O Vr to 14 CO 00 r-1 O C: N r-i CV)to N C0 f� 0 w w w w w w w Co 0o to IV t- tr N ri N r-I N N 1-i 'Cy H M 1--I Fi v-1 +3 +; +; a) -H m CD -ri 0) m Cd 0 ca m Go a) r- a +J 0) ty C, ad m to +3 a Cd 0 r-4 r-, 0 M Ca E+ Q Q E4 7—�� City of Southlake, Texas Exhibit Continental Park Sewer Cost *CPE Pro Rata Cost - Scenic Drive $ 14,000 Remainder of CPE Pro Rata Cost 180,000 CPE Total Cost 194,000 X.75% Page 1 of 2 $145,500 CPE Incentive Cost Based on 75% of Actual Cost = $145,500 = $2,078 �n _ 70 CPE Assessment Cost = $194,000 = $2,771/lot X .90% = $2,494/lot 70 *CPE = Continental Park Estates City of Southlake, Texas Construction Cost for Remainder of CPE Total Sewer Construction Cost Funding City of Southlake $ 33,500 Sewer Fund 51,000 CPE 145,500 $230,000 *CPE = Continental Park Estates 7 $230,000 Page 2 of 2 CHEATHAM AND ASSOCIATES June 28, 1990 Mr. Mike Barnes, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Res Recommendation of Contract for Sanitary Sewer for Continental Park Estates Enclosed herewith for your use is a copy of the Bid Tabulation for the subject project. We recur-mrid that the contract be awarded for Sections I and II to the law bidder, Wright Construction of Grapevine. The city can decide, based upon the availability of funds, whether to award the contract for the Base Bid or the Alternate Bid. The Base Bid is based upon a full pavement overlay rather than a strip repair, which was the alternate. Considering the existing condition of the streets, after the sewer line is constructed the streets will be in very bad shape. We recommend that the contract be awarded for the Base Bid, if funds are available. We will schedule a pre -construction conference as soon as everyone is available. If you have any questions or comments please give us a call. Respectfully, Eddie Cheatham, P.E. enc. 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W I'ZI k Y Y 07 N N X E .- s u L U u sj C u L u u N L L OJ L> 0CJ L L 4J L L. 41 ♦J 01 4LJ O/ 4J 4J 4J 4J O L. 41 _ C-4 "7 t _ N •-� et .ti L 0J N O 0J L 4- t0 CO 1 t0 O A 1 1 1 M 1 1 1 M 6 N O t0 co .Ni O t0 00 r-I 3 4! L (� C 0J 4+ u 4) 4s 4J 0! O/ 0/ OJ 0J N N N vr_ 0CJ r r r r r n r r L L L N 41 O t0 r L L L. L L L L L •O d C u Oxi t101 00 3 0J 3 4/ 3 OJ 3 0J 3 OJ 3 0J 01 3 0J 3 s L 4J 0J d r 1• L O O 0J CA 01 N O/ N 0) N OJ tN 01 Ln NJ 0J tN a! NN 1 0J 0J ' N U 4J $7 ? > > > > S (i A - 7 N 0J } } CL CL CL A. CL CL d CL CL d t0 4J O � %D %0 W t0 t0 t0 tO 00 CO 00 O N S 1-3 IL M V' IA tO 1: CO 01 M .Ni M .ai .N-1 L O w aj 4-1 u _N v4Ji E a0 44 O -4 4J a u 1 7 0J �••1 0J N r Ad 4J E r- Y u u > VI FQ V 4J L u��I £� it C City of Southlake, Texas E M O R A N D U M June 27, 1990 Curtis E. Hawk, City Manager Billy Campbell, Chief of Police Court of Record Attached is a copy of my memorandum dated June 12, 1990, and information on the Municipal Court of Record Study. As of this date I have not heard any feedback, either positive or negative, from the citizenry and recommend the Committee's recommendations be accepted. Attachments City of Southlake, Texas [ E M 0 R A N D U M June 27, 1990 Curtis E. Hawk, City Manage/ Michael H. Barnes, Director of Public Works Lemke Developers Agreement Attached is the Lemke Developers Agreement. Please place this item on the July 3, 1990 agenda for consideration. If there are any questions, please contact me. 010 MHB/ew City of Southlake, Texas LEMKE SUBDIVISION EVELOPERS AGREEMENT This agreement is entered into between the City of Southlake, Texas, hereinafter referred to as the City, and Robert H. Lemke, hereinafter referred to as the Developer, of the Lemke 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 one (1) lot contained within the Lemke Subdivision and to the offsite improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer had started the construction of buildings prior to the property being annexed by the City of Southlake. After the property was annexed, the Developer agreed to platting his property in accordance with the City of Southlake Subdivision Ordinance. Even though the Developer had already started construction of five (5) buildings prior to annexation, building permits were required for the five subject buildings and all building codes and subdivision regulations must be adhered to prior to the issuance of Certificates of Occupancy (C.O.'s). All public improvements required under this agreement shall be constructed within two (2) years from the date of this agreement. The Developer has estimated that the cost of the improvements will be under $25,000 and therefore he is not required by state law to provide the City with a performance bond. It is understood and agreed however that the final plat of the Lemke Subdivision will not be released for filing until all improvements are constructed according to city standards and are accepted by the City and the Developer has furnished the City with a letter that all materials for the proposed improvements have been paid. -1- ---1Z City of Southlake, Texas C. The Developer agrees to furnish to the City a maintenance bond amounting to 20% of the cost of water and drainage facilities w ere app Ica le. These maintenance bonds will be for a period of two (2) years and will be issued prior to the final City the subdivision. The maintenence bonds 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. D. 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, and 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. 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. -2- City of Southlake, Texas II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service the lot as shown on the final plat of Lemke Subdivision. 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 requirements, the City will reimburse the Developer for the oversize cost. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer of the City, and made part of the final plat as approved by the City Council. The drainage facilities shall be in conformance to the City's Drainage Ordinance No. 482. C. STREETS: 1. There are no dedicated streets included in this subdivision. Access to this subdivision is via a privage drive. The Developer will be responsible for constructing the private drive that will meet the Fire Code requirements. 2. The Developer will be responsible for: a) Installation and one year operation of all 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- City of Southlake, Texas D. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage septic tank facilities to service lots as shown on the final plat of the Lemke Subdivision to the City of Southlake. Sanitary sewer septic tanks will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City and/or the Texas Department of Health. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. 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 on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of any injuries or damages to persons or property, including death, resulting from any failure to peoperly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, 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 -4- -3 City of Southlake, Texas 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 five (5) years after the acceptance by the City 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 contract or any part hereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager. 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, 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 shall furnish to the City, prior to the commencement of any work, a policy of public 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 -5- City of Southlake, Texas this agreement year period, agreement with compliance with time. IV. OTHER ISSUES: shall have started within the two (2) the City may agree to renew the such renewed agreement to be in the City policies in effect at that A. OFFSITE DRAINAGE FACILITIES: It will be the Developer's responsibility to construct all off -site drainage facilities as required in the construction plans. B. PRIVATE ROAD ACCESS AND UTILITY EASEMENT: It will be the Developer's responsibility to construct an all-weather private access road with a minimum width of twenty (20) feet as required by the Fire Code. The Developer will also provide a mimimum twenty-five (25) foot private access road easement and a five (5) foot utility easement located within, adjacent, and North of the 25' access easement for the construction of the private access road and water line as required in the construction plans. The Developer agrees that the 25' private access road easement will serve as a temporary construction easement for the construction of the water line and future repair of the water line. Any unnecessary damage to the private road caused by the City in the repair of the water line will be repaired at City expense. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: ROBERT LEMKE By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: