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1990-09-18 CC PacketCity of Southlake, Texas - M E M O R A N D U M September 14, 1990 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting September 18, 1990 AGENDA ITEM 1. Agenda Item No. 5. Establishing Certain Water and Sewer Fees. These are the fees we discussed during the budget work sessions at various times. The increase proposed on the reconnection fee more appropriately reflects the actual cost. The proposed sewer tap fee was arrived at after surveying the rates charged by surrounding cities. The fees ranged from $40 to $100 among the cities we looked at. We settled on an average of $75. We did not change the water tap fees, but we included them at this time since we cannot find a record of previous Council action setting the fees. The reinstallation fee also is currently being changed, but again we can find no record of its approval by the Council. The testing fee, as we discussed in work session, is not often done but we feel we should also set this by Council action. 2. Agenda Items 6-7. These are renewals of existing agreements. 3. Agenda Item No. 8. Appointment to TML Intergovernmental Risk Pool Board of Trustees. This is not something you are required to act upon, but it will be to our advantage. 4. Agenda Item No. 9. Amendments to Personnel Rules. We are planning to disseminate an employee handbook to all employees, including the Personnel Policies, by the end of next week. The needed changes set out in the packet have been identified for many months, but the agenda has consistently been too crowded to add the item. We need to get this behind us. 5. Agenda Item No. 10. Waiver of Park Fee Policy. The Park and Recreation Board really wrestled with this item. Given the circumstances I concur with their recommendation. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 14, 1990 Page 2 6. Agenda Item Nos. 12-13-14. Budget and Tax Ordinances. We included the Fund Balance Summary Schedule and the General Fund Summary in your packet. The only line items we changed in the individual divisions and departments since we had our last work session were to reflect the increases in the insurance costs we discussed with you. Once the final budget is approved, we should have the document printed in final form in a matter of a week or two. Let me know if you need something else before Tuesday night. 7. Agenda Item Nos. 15-16-17-18 are all related in one manner or another to the budget. Patricia Gallaher from First Southwest, our Financial Advisors, will be present to handle items 15-16. Tony Reed of Freese and Nichols will be present to answer any questions concerning the Water Rate Study. 8. Agenda Item No. 22. Site Plan for Texas National Bank. Please note the comments of Cheatham and Associates contained on page 22-11 (September 12, 1990 letter) reference the buffer yard requirements. The adjacent property is zoned, platted, and developed in that the infrastructure is in place and buildings have been constructed in portions of the development. 9. Agenda Item No. 24. Resolution 90-73. Specific Use Permit. This is the SUP for our portable building. NOTE THE CHANGE in how the permit is presented, i.e., resolution rather than ordinance as we have done in the past. This change in format was made at my request to make the job of the City Council somewhat less time consuming (e.g., only one reading, no requirement to read preamble, etc.). It makes sense to me that the requirements of the City Council to approve a Specific Use Permit should be no more stringent than of the BOA to approve a variance or special exception. Orders and actions of the BOA require only minute order, i.e., reflection in the minutes. I asked the attorney to give us an opinion as to whether or not the City Council could appropriately use a resolution, rather than ordinance, for SUPS. A resolution is still more formal than the action taken by the BOA. Honorable Mayor and Agenda Item Comments September 14, 1990 Page 3 Members of City Council and Other Items of Interest The attorney supports this position. His letter is attached. If you do not feel comfortable with this, we will bring it back next meeting in the form of an ordinance. 10. Agenda Item No. 25. Oak Hills Estates Developers Agreement. Note that the developers have met with the Park and Recreation Board. The developers were asked about their intent to change the name of their development due to the similarity to Oak Hills Mobile Home Estates. They told us they are aware but that they rather not change due to loans, etc., taken out under the name of the development. 11. Agenda Item No. 26. Continental Park Estates Sewer. The Mike Barnes memo covers the bid award facts. As of 5:00 p.m. today, we still have received only $56,186 in cash contributions, plus another $22,858 in commitment letters from banks, etc., or a personal letter stating they will write a check only after City Council has agreed to award the bid. We have received commitment cards to another $15,705. Thus our total commitment is for $94,749. We have received calls all week. Perhaps there will be some movement before Tuesday. We previously told the public that we need $104,000 to do the project. Given the $79,044 in actual commitments ($56,186 cash plus letter for $22,858), we have the money budgeted to do the project. 12. Agenda Item No. 27. Court of Record. The ordinance provides for the Court to become effective on October 2, the date of second reading. Note the provision in Section 6 concerning the appointment of the Municipal Court Clerk. The Statute requires Council to appoint the clerk, but is silent upon the supervision. I will discuss the Court Clerk with you in executive session. 13. Agenda Item On. 28. Police Reserve Program. Note the memo form both Chief Campbell and the attorneys. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 14, 1990 Page 4 OTHER ITEMS OF INTEREST 14. Employee Salaries. I will discuss with you in executive session those salaries of employees which will be either less or greater than the average salary adjustment. 15. Note the attached memo from Karen Gandy concerning the request for a construction trailer on the Arvida tract. I concur with her opinion. 16. THE WATER RATE STUDY HAS BEEN RECEIVED IN FINAL FORM. IT IS NOT ENCLOSED IN YOUR PACKET DUE TO BULK. IT WILL BE DELIVERED MONDAY WITH YOUR MINUTES. CEH/ FIELDING, BARRETT TEL: 81'-560-3953 Sep 14,90 8:32 No.001 P.021 CARVAY E. A ms %. R. BAmerr• ELAM V-AVM FI&DI rG JoRMWE CAMFTf DwAYxe D. Hrr-r SusAx E. Huxiasw SUSAN S. J0a7,s CeRALO J. MAYMW WAY -a K. OLSCN 7):1 G. SRA[I.A" E. ALL-v TAYLOR, JR. •BOARD CPRTMED "SONAL NJUXY nUAL LAW 7m(AS BOARD OF LBOAL SPEC.ALMA:70M "DOARD CFJtTU;7..D =1L APPELLA-M LAW reAAS HOARD OF LFAAL SPECIAL AnOY 0! COUMSE. JAM P. W AG TIR Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Southlake, Texas FIELDING, BARRETT & TAYLQR ATMILNEYS 300 WESTERN NATIONAL RUMDL;G $851 HIGHWAY $0 WEST FORT WORTH. TEXAS 76116.1%9 September 14, 1990 Avenue 76092 TvinioNE No. (817) 56U303 FAx (817) 560-3953 Re: Approval of Specific Use Permits by the City Council Dear Curtis: Per your request, I have reviewed and revised the ordinance format which has previously been used by the City for the granting of specific use permits under Chapter 45 of the Comprehensive Zoning Ordinance. The new format utilizes the granting of these permits by resolution, which must be adopted on only one reading of the Council. The use of a resolution in lieu of an ordinance arguably complies with the intent of Section 45 of the zoning ordinance. The granting of a specific use permit by a City Council is typically performed in most cities by adoption of an ordinance. However, that does not mean it necessarily has to be done in that manner. The specific language in our zoning ordinance does not treat the granting of such a permit as an amendment to the zoning ordinance, nor does it specifically require that it be done by ordinance. It is arguably akin to board of adjustment granting of a special exception use permit, which is deemed by the courts to be an administrative decision. Typically, however, all Council action with regard to a zoning ordinance is treated by the courts as being legislative in nature. There are a couple of cases in Texas, however, which intimate that certain zoning decisions by the Council could be deemed to be administrative. Fountain Gate Ministries v. City of Plano, 654 S.W.2d 841 (Tex.App. - Dallas, 1983, writ ref'd n.r.e.) is one such case wherein it appears that the City of Plano granted specific use permits by waiving a prohibition against uses not allowed in particular zoning districts. Although there is no direct discussion in the case on this matter, the court appeared to accept that this was an administrative action by the council. Administrative actions, FIELDING, BARRETT TEL: 817-560-3953 Sep 14,90 8:32 No.001 P.O� Mr. Curtis Hawk September 14, 1990 Page 2 although they may be done by ordinance, typically are not required to be done by ordinance. In summary, although the safer practice would of course be to adopt specific use permits by ordinance, I feel comfortable that under the terms of Southlake's zoning ordinance, this approval can be accomplished by adoption of a resolution. Please review the enclosed Resolution and let me know your comments. I am also enclosing, per your request, the revised pages to the Comprehensive Zoning Ordinance which contain the revisions adopted by Ordinance No. 480-A. I will let your staff coordinate the reprinting and distribution of these pages as an update to the Zoning Ordinance. If you have any questions, please let me know. Very truly yours, Wayne K. Olson WKO/ kt Enclosures slake\ltrAo.27 City of Southlake, Texas M E M O R A N D U M September 12, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Construction Trailer on C-3 Arvida Tract On September 10, 1990, Randall Sullivan of Waterford Properties, requested that his construction trailer/office be placed on Arvida's C-3 tract. He said that the trailer would not be visible from West Southlake Blvd. and that access would be from North Peytonville Avenue only. He added that Bruce Smith approved of this plan. According to the zoning ordinance (Section 34.1 y), "temporary construction and/or sales offices, including manufactured housing," are allowed in all districts as accessory uses "only during actual construction for a period not to exceed two (2) years and located on property being developed." I denied this request because it was my understanding that this use was established for the developer of the property only. I felt that approval of this request would set an unfavorable precedent with every builder who owns multiple lots making the same request. The result would be streets lined with these portable structures. Mr. Sullivan was informed that he could appeal my decision to the Board of Adjustment. ;W KPG City of Southlake, Texas - M E M O R A N D U M September 14, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: SANDRA L. LEGRAND, CITY SECRETARY SUBJECT: COUNCIL PHOTOGRAPH Wanted to remind you that Bob Case with M&C Photography will be taking the Annual Council Photograph on Tuesday, September 18, 1990. Please be available at 6:15 p.m. This year it was suggested that a large photograph be taken that will hang in the lobby at the front door of City Hall so that citizens and other folks will be able to identify you with the name. If you find you cannot be present for this, please give me as early a notice as possible. Thank you, L/sl Building.............................................4-1 Zoning ..... .......................................... 4-4 Police .................................... ..... ...... 4-5 Fire.................................................4-8 Municipal Court......................................4-12 Street...............................................4-15 Utility..............................................4-18 Parks & Recreation...................................4-21 Finance..............................................4-22 a a� � rn NN ��pp V�NC-3 cq +� (� M(� Qil��-INS wC�7 �(pp Nd� e0-4 N M w a >4 ca N� N N to r-IO� m r-I Lf) M r-1 N U2 i oa�w H a cW C+�NNN OO m O N rlI*-OI HA 8nc0M0.vlr1 .p2 WO CH ►a �W a A CC O to N uO CV)O CO O .-I O 00 O N 00 ri .-i �M M H N 14 � rl CV)CO N H § HF a ,� �oof 4c W a � H o aaa H a cl' z 0 w 0 2 m >" a NM W M M ri O cM .-I d� 00 l- O d� O M N O r-i rl O O O a4 a U W 0 a a W , a ao �toMOLn0w LOONO MM 000 O O O 0 I 81 03 as EO OONsrONOOD :MNOg3000 NAM 00000 L ♦i O 0 d� C ).�A M D w C E H OU c a � 0 w ig H O a U a o a q~H H 0~ '~ A U H ►r x co W A W UM a m (� 8 0 z akU a V1 W O U)Uw z a a ' w a °'H� «« 88888 °�tiS3888 88 88 8 8 8 8 FOB r M N d d' co o h M .� .� .- C 94 ON�tl tiNS� .�iMSOSO 88 8 u7 waa GO ui Wt- C�ONN 09TCo r-I-Ico InM� •N •p g « P � rCI-' H C9N� ri ri N Cy a SSSNSS p SNSOS SS SoS S S ti S coO pp88 �hr-I8 1" �M n - . F W cM 'w 07_ N O O�OMM�� l� Cfl N ri O N M N a p Cl OrON tAOSpp�p p u�jgMj6Sp C SS SS SM LollW �?j 00 Q Cn 00 I M • ti • • N 'cM ((gypp M N O M � -0 N CAL fG vO r.,� - CO r { a E" 0 T, cq ) 00 O N 06 t` r l r-1 N N r-1 awe a � w � a O x Ha o 8,08888 88 88 8 8 8 8 OCDD o �8US88888 hNN �ti N c0 nhM O rnt0� ON S N S D+ F N ,i u a w O a a w a FpC cFi.��n8r°gic� NSS$$ 88 88 8 8 8 8 w N r-1 ri M C, «8«8� 008«888 88 88 8 8 �r�1 •° Wa)ti 'p .N ct- ��p O r-1 cr) ri cr) N N afi a U a~ to z 9- rq N w F U 44 O a ��►-s��9� a� � F�� z CO ~ F Frr �►a rI , O CA �•'� �� U �H�^ w� H � E-r w L z F T to N co N « 8 cs; a waa �' O0°8888 tr NL�e1;}IC�+)18p W N ONOCppOppOO�Mpp M �GGOr- 0iNrlN0 8 $�38callo88 N NL�00U; a N N �I upmwC'Q3Fj SO N NBSSSSS 4w W H 'i C) C4�pp C4 tz 88 NC0�000000 NQ NO ri �NNN117,w0 N (NO LO uc 8 888�88 d' W O LO .- " LO w rle�N �ppO O O �Op0�O fpNN000�0O0 oEC CD OD w O a a x H 03 L,a a x o 0 8 888888 O O 8 Non N SS WF 00 Dori 00c M U a oa w o a q �a 8888888 Hx O `) rn $ o ti N 8 a) 06 00 o o N I h N O N 8 8 rn o o N 88 S S o "' M l� S N Cn gS S � O a�0 N � N 8 8 N �MS �I � ��H 8 8 8 8 Cr! M ��BI� oolo MH 8888888 8 8 8 m O Sri 8 8. 4 o ri !n 0 N N 0 tp N Ids co ba W -a z as"8 WSw A ', 6 o a c z N D goQ 11' H a/ 6 U ' U) to ZONING DEPARTMENT FEE REVENUE For the Month Ending 31 August 1990 Zoning No. of Cases Platting No. of Cases Board of Adjustment (Includes Appeal, Special Exception Use, and Variance Requests) No. of Cases Specific Use Permit No. of Cases Site Plans No. of Cases Misc. Income (Includes Maps and Ordinance Copies) No. of Receipts Total Revenue Total No. of Receipts 'f-y $ 0.00 0 2070.00 (1) 150.00 (1) 0.00 0 150.00 (1) 194.15 (16) $2564.15 (21) SOUTHLAKE POLICE DEPARTMENT PATROL DIVISION SUMMARY AUGUST 1990 CALLS FOR SERVICE 669 CITATIONS 747 PATROL 377 ARRESTS 86 FELONY ll MISD 75 ACCIDENTS 24 MINOR l8 INVESTIGATION DIVISION MONTHLY REPORT AUGUST 1990 NEW CASES ASSIGNED CURRENT ACTIVE CASES CASES CLEARED: UNFOUNDED INACTIVATED/SUSPENDED EXCEPTIONALLY CLEARED BY ARREST/CITATION WARRANT ACTIVITY: SEARCH WARRANTS OBTAINED SEARCH WARRANTS SERVED ARREST WARRANTS OBTAINED ARREST WARRANTS SERVED GENERAL ACTIVITY: MEETINGS ATTENDED SURVEILLANCE TIME (approx) _14hr PUBLIC SPEECHES/PRESENTATIONS CRIME SCENES WORKED SEIZURES FILED VALUE $0_____ SCHOOL/TRAINING SESSIONS __0__ SOUTHLAKE POLICE DEPARTMENT WARRANT OFFICE MONTHLY REPORT AUGUST , 1990 CURRENT MONTH PAST MONTH YTD MUNICIPAL WARRANTS WARRANTS ON HAND 455 N/A Beginning Count 491 142 93 725 Received 61 56 571 i 452 Served 0 N/A Purged 572 491 Ending Count FINES COLLECTED f,, 568 60, 022 By Warrant Officer 5,626 21573 2e,1229 By other Agency 660 69286 99141 80, 251 Total ARREST/WARRANTS SERVED 38 409 43 By Warrant Officer 18 18 162 By Other Agency 61 56 571 Total y- 7 CITY OF 3cL25LAKE FIRE DEpARTME&T MCNTHLY REpzRTs 3z: z:s, mA&Gz£R z6a2:s HAQK zcA 2�z MGNTw OF AGCSST 1990 aEs=awsES Twls YEAR MO&T-i Tz DATE 37RGz2&RE z:REF; HOUSE 2 6 MOBILE HOME 2 . OFFICE BUI&DING 0 2 RETAIL - RESTAURANT 2 ! FACTORY - I&GusTRi o z 5RG3z FIRES Q £_ zTSR �EHizLE =!c:DENTS _: ss K=�aaAz 3A5 =EQK s !2 §4P=�:wE = 6 Ec==E¥V:zzE 2 = z32GA= Q=5 RSR KEGLER : 1= M22aQ_ A:E FOR TROPHY CLQ§ z A --RE CA�_Es IN WEST:AKz 10 Ems zGL :N L STLQKE z Iz §ALOE ===§MS :w wESTLQKE 3 b R:RE EQLza IN ?=RRANT COUNTY Z l Ems CAzLS I& TARRn&2 COUNTY @ 2 �QLSE Q=QRM5 !& 2ARRANT COUNTY z 2 p:RE zQL_S i& DE&TON COUNTY o z EMS FALLS IN DENTON COUNTY 0 2 7AL_5E ALARMS IN DENTON COUNTY 2 2 &U., F : RE DES -ART .YiE% " THIS YEAR MONTrriLY REPCRT MONTH TO DATE PAGE li AMBULA., CE CAL-1 S 1' s:-r 34 226 ? nE !41 H55I S- �. AMbuL;.:VCE CALLS i N CITY F HL 5t +-LAkMS 1,14 CITY (FIRE CALLS) 08 5,* M: L:C ANECLS C.i-+LLS i N ... TY (SEE ;:1TTACHMENT) 5 SJ TOTAL AMBULANCE CAL-"S 35 250 TOTAL FIRE CALLS 45 365 T3Tr-;L EMERGENCY CALLS 80 615 -C:T " = i RE LOSS : N CITY s01 1 . 000 $582, 475 CTAL F1=5 _CSs NES-�-PFE $0000 $0300 ON C.r*,-RG=N; . ZAL_S 374 1849 . , '^cET:^.iGS t4 PER averane me;. (12) 144 1126 - SPEC I a- - �A I v : yG zoo: 20.3 TOTAL MAN HOURS EXPENDED 518 3180 .B..:`: wE 1 LAKE_ 3 1B:Y' -CJL t1LP:-.t = 1 �j L:. TO i SM=,,TArtiE = 1 `(`��Jlr i -JLLT t3r1 `Tti. R. P. T:ELE IRE CHIEF DATE: 05-.c-90 FIRE DEPARTMENT MONTHLY REPORT IMAGE 3 MISCELLANEGUS CALLS AUGUST 1.990 :R Lj 900325 DOWN POWER LINE AT 1616 E. CONTINENTAL. 900333 ASSIST PUBLIC WORKS AT 800 RANDOL MILL. 900334 DOWN POWER LINE AT 1755 W. DOVE. 900355 DOWN POWER LINE AT 1000 S. PEYTONVILLE. '700,3b4 i-RCPANE TANK FIRE PT ,.. 4 W30DBROCK. y_io SOUTHLAKE FIRE DEPARTMENT AMBULANCE SERVICE CALLS AUGUST 1990 BAYLOR MEDICAL CENTER GRAPEVINE 10 H.ES BEDFORD 1 NORTH HILLS z N. E. COMMUNITY 1 HARRIS METr-,ODIST Fa WORTH 1 NO TRAZNSPOR7 14 FALSE ALARMS 06 TOTAL AMBULANCE CALLS FOR AUGUST 1990 35 MUNICIPAL COURT ACTIVITY REPORT AUGUST 1990 TO CURTIS HAWK, CITY MANAGER FROM: MUNICIPAL COURT MWICIPAL CDLRT MWIIMY REPORT M NTH OF AUGUST 1990 MOM OF AUGUST 1989 *Cases Set For Trail *Cases Heard 136 78 108 61 Cases Dismissed cowl 15 6 Cases Reset 26 11 Cases Appealed 91 92 Past Due Letters 100 59 Cases Refered to DSC 73 42 Citations Issued 741 432 Citations Paid 392 190 *Fines Collected From Court $ 2,517.00 $ 1,687.00 Total Revenue $23,119.00 $19,345.97 * 2 Plea Courts a Month * 2 Vial Courts a Month * Total Money Collected in Four (4) Courts �j 3 SOUTHLAKE POLICE DEPARTMENT WARRANT OFFICE MONTHLY REPORT AUGUST , 1990 MUNICIPAL WARRANTS CURRENT MONTH PAST MONTH YTD WARRANTS ON HAND Beginning Count 491 455 N/A Received 142 93 725 Served 61 56 571 Purged 0 1 452 Ending Count 572 491 N/A FINES COLLECTED By Warrant Officer 59626 6,j568 60,1022 By Other Agency 660 2,1573 20, 229 Total 69286 9, 141 809 251 ARREST/WARRANTS SERVED By Warrant Officer 43 38 409 By Other Agency 18 18 162 Total 61 56 571 City of Southlake, Texas M E M O R A N D U M September 13, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Street Department Monthly Report - August 1990 ------------------------------------------------------------- The enclosed report details the Street Department activities for the month of August 1990. This report is to be included in the City Council packets /for their September 18, 1990 meeting. / it MHB/ew r C::'#/ of Southlake, Texas MBMORANDUM September 12, 1990 TO: Michael H. Barnes FROM: Ron Morain SUBJECT: Monthly Street Department Report for August 1990. The Street Department continued pothole patching and R.O.W. mowing per schedule during the month. In addition we blade layed 800 tons of cold mix asphalt on Beverly damaged streets to repair pothole and replace shoulders. Road marking reflectors mounted on steel post along Carroll Avenue and at culverts were removed and replaced by flexable markers to improve safety for the public. Street name signs and regulatory signs were replaced as required using 54 sign posts, 15 warning signs, 8 stop signs, 10 speed limit signs and 34 street sign blades. Routine maintenance was performed as required. 1 cbk `f-!6 UTILITY DEPARTMENT REPORT MONTH AUGUST, 1990 GALLONS PUMPED THIS MONTH FROM WELLS 0 PURCHASED FROM FORT WORTH 53,794,000 TOTAL PEED AMID PURCHASED 53,794,000 NEW WATER TAPS INSTALLED 10 FIRE HYDRANTS INSTALLED NONE -METER CHANGE OUTS 3 ADDRESSES: 1347 WOODBROOK, 722 S. KIMBALL, 2054 N. KIMBALL PULLED METERS PER CUSTOMER REQUEST 0 PULLED METERS PER DELINQUENT PAYMENT' 12 LOCKED METERS PER CUSTOMER REQUEST 16 LOCKED ;METERS PER DELINQUENT PAYMENT 9 PROCESSED WORK ORDERS 146 WATER MAIN BREAK REPAIRS HIGHLAND STREET/ RANDOL MILL/ HUNTER'S CREEK SEWER LINE REPAIRS NONE FLUSHED WATER LINES HIGHLAND/ S. KIMBALL/N. KIMBALL N. WHITE CHAPEL/ DIRECTOR OF PUBLIC WORKS City of Southlake, Texas M E M O R A N D U M September 13, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Utility Department Monthly Report - September 1990 Attached is the Utility Department Monthly Report for September 1990. The report submitted is to be included in the City Council's packets for the September 18, 1990 meeting. If �ythere are any questions, please contact me. M<A MHB/ew MEMORANDUM September 12, 1990 TO: Michael H. Barnes FROM: Ron Morain SUBJECT: Monthly Water Department Report for August 1990. -------------------------------------------------------------------- The Water Department continued to assist the Street Department on all projects. In addition we repaired three water breaks, flushed dead end lines, made ten water taps and cleaned all sewer and water sites. David Turnbow spent four days with the Trinity River Authority operating their sewer plant in Roanoke in preparation for our new budget year when he will be operating our City owned plants. He has assisted our contract operator on a daily basis throughout the month to be better prepared to run our plants. Routine maintenance was performed as required on all vehicles and equipment. I MONTHLY REPORT SEND REPORT TO: TEXAS DEPARTMENT OF HEALTH DIVISION OF WATER HYGIENE WATER WORKS OPERATION FOR 1100 WEST 49th STREET GROUND WATER SUPPLIES AUSTIN. TEXAS 78756-3192 lame of System CITY OF SOUTHLAKE County TARRANT (1a) Water System I.D. No. 2200075- Month of ATTfiT4T 19 _gp__ Pumpage to Distribution Disinfection Corrosion 11 Control 1 Other Treatment Fluoride Residuals ire -III � � '©sue : � : � ■�� NOWIT.: more . : now Me, ®sue . • : � . • : � �■ ®sue :•� :•�� MM Me ®sue nFira-M, Nopme ®sue •� •� �� No. of Active Water Services (10) 2,149 Chemical Analysis (11) 11 -R'i Dates and Results of Distribution Bacteriological Analyses (12) 8-20-90 7 SAMPLES -NEGATIVE. Dates and Results of Raw Unchlorinated Well Water Samples (13) NQNF Reservoirs or Tanks Cleaned (14) 8 - 8 7 Dead Ends Flushed (15) N _ WHITE C HAPFT . f HIGHLAND General Remarks (16) N. KIMBALL Submitted By (1 n Certificate No. (18) 4SO-31-2306 FORM NO. H-3 All reports due by the 15th of the following month. 5/88 CXtn OO OOO W� 0 0 O CD CD >- O O J %0 off N CC C) -j J Q U � N Oct �--� 4iLL. O o p00o00 . . � o p M F=-O LLJ O y I- O O O O N ¢ O J I-- Q �¢ o o goo O CD`'' z 0 W Y F- Q J W S O O O Z CC o ?- [CLL./�� r o0 000 O 4 2 a W� OO OOO N Z Q Q O Q' Vl .J v ¢ a �Z So 000 J f cop e-� NF=- o0 800 �Z x -i N Z O a-� - Cl Cl O G O O O O O �Nf7F- Z7�7k� O Oct � W W W d ►-+ N J N Q N li U- Li G N Q N W 0-4 C7 C'3 Z S J J J W U Z J O W W C'3QQQr-r Z W¢ FQ- O= JC]moOU- ON C) U - j�4,a' CITY OF SOUTHLAKE GENERAL FUND COMPARATIVE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE AUGUST 31, 1990 Revenues: Taxes: Property Sales Franchise Licenses and Permits Charges for Services Fines Interest Other Total Revenues Expenditures: Current: General Government: City Sec/Mayor/Council City Manager's Off Support Services Finance Court Total Gen. Gov't Public Safety: Fire Police Building Total Pub. Safety Public Works: Streets Parks Public Works Total Public Works Total Expenditures FY90 FY90 ENCUMBRANCE TOTAL ACTUAL YTD ACTUAL ANNUAL BUDGET & ENCUMBERED $2,146,984 $2,020,530 $331,637 $292,197 $220,358 $214,117 $379,284 $152,130 $15,916 $61,410 $221,661 $259,480 $40,259 $28,000 $171,829 $163,562 ------------------------------------------------ $3,527,928 $3,191,426 $0 $0 ------------------------------------------------ $94,969 $125,480 $1,817 $96,786 $76,050 $74,753 $227 $76,277 $273,628 $359,230 $418 $274,046 $162,146 $159,007 $225 $162,371 $102,022 ------------------------------------------------ $105,612 $137 $102,159 $708,815 ------------------------------------------------ $824,082 $2,824 $711,639 $380,996 $406,114 $3,269 $384,265 $799,505 $906,478 $18,579 $818,084 $163,662 ------------------------------------------------ $147,915 $411 $164,073 $1,344,163 ------------------------------------------------ $1,460,507 $22,259 $1,366,422 $329,890 $397,325 $7,075 $336,965 $56,882 $66,864 $0 $56,882 $53,655 ------------------------------------------------ $54,080 $40 $53,695 $440,427 $518,269 $7,115 $447,542 $2,493,405 $2,802,858 $32,198 $2,525,603 Excess Rev. (Expenditures) ------------------------------------------------ $1,034,523 $388,568 Other Financing Sources (Uses): Debt Service Transfers ($138,591) ($157,696) Excess Revenues & Other --------------------------------------=--------- Financing Sources over Expenditures & Other Financing Uses -Actual $895,932 $230,872 Fund Balance 10101189 $169,834 $169,834 Reserve -Personnel Adj # ($116,537) ------------------------------------------------ ($61,686) Fund Balance 08131190 $949,229 $339,020 & Expected Yr End Bat # Estimated personnel adjustment reserve used not considering any overtime, which not only effects earnings, but all the benefits that are tied to those earnings. r r -1 �eeawracQo Z==ZNNNxOxv��==r.rt�e7sSSSafQf�fmmmmOAAmmm» c c a rt s• coo• wawd4so�_� Twwrorr—_wrorrrwwerrt1oa<car11o.-ww,9r � A A77P70 _aane>,r��,,,,�N�rr��w.-o.•o.•c�a.-� 00p'h0*0rtN-4T-r-MIPaaZ-I,P.rtv2rpm 7wwss0-w0'-%-Pp ' O O Ortw flow C +t z 04lr.CT07Iv@..flw_.*N ww'tmoalL aamnows 107 A O Qb O o as c Coo. -sr 0rnn__=p,7 +a< =rtrwl.•7w•Cxo1n ON7Trr s0770TwtLow C r' rtY rt _�O rtwrtw x!� rO. �..�., «'"4a0O.rt 0 w7w AO77S %T cxr O 7 wa KrtS wr O .rw ww r rt- •%; 7 N Sr •t «» V 0 7 T rt �Sr. r~..a -�f+ >< a .� .. <n w A o w r, ..`� o-i r o w .- o rt r" ► z r w r '� 0.4 .tlp P... w Art W. a ♦V a w o 0 N40 • O • ►' w e www.l w 44 MA Ae• •N• wAeN "WWWA r+ • A 'a"a, �2 Sw A IAto AeWW•W► W YIYIVwNNW V•Or+N�+www AreVlwrp�+ _r} wVN"ftwNd wooNa1NNP.OP a d rvl Zl NpP.ONOOW rpolilVPWPr+�Nl�WrY1VNr�rW►+dWr. -00 Pwb+NwOy1 .eolllrorYl y1.OrpONON•VWPNVOINVVW�+r+rrp�+N.ONOiOVPYI w� r.-V•ON VOOIOr.Or r.000PVOr�+PNNPOWPNVW.ON 1 ■ WOOVOWP NOVWYIVOOONNOP.0001O1►OYI�+OY�pdW1nNIVOIOpr VOWdOVN VVPddO0Y�00WWY1NNdr+.ONOPAY1H�y1VNr�+rrrP O � O,A+ A _ A O 't a • • r N A Y1 w A.O • •. we www ANw wwwN rw+ylde ►+ wew M«•r O r ... a �? w N A NNww.rtn YIPVwyIrNP P.ONN{MANA.....reVPP r PNVINP•O WwrrOdPN l�NY1rNYldrrOW�+VlrO O r. 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IM r r Nd�+PWY1W N N;;WNd.O Wr.OdWO V O W WOW NWWr.ON rWob=== O KKJ*Mcac 39*34 K>KKKKKKK><K>KK>It>tt>ttit�fX�tit>It�t>ItititXit�f• w CITY OF SOUTHLAKE CASH ANALYSIS SUMMARY FISCAL YEAR 1989-90 OCT Nov DEC JAN FEB Beginning Cash Balance $104,126 $71,669 92,753 134,499 230,338 Deposits 166,479 313,556 339,510 1,216,484 642,358 Investments (95,000) (550,000) (450,000) Accounts Payable (101,077) (187,811) (121,585) (375,648) (189,458) Payroll Y (97,859) (101,524) (64,203) (108,977) (109,358) Debt Service 0 ---------------------------------------------------- (3,137) (16,976) (86,020) Ending Cash Balance $71,669 ---------------------------------------------------- $92,753 $134,499 $230,338 $123,880 MAR APR MAY JUN JUL Beginning Cash Balance 123,880 113,311 64,874 51,652 60,125 Deposits 148,382 167,458 228,836 163,894 167,259 Investments 200,000 100,000 95,000 630,000 200,000 Accounts Payable (124,014) (195,866) (150,395) (500,000) (176,838) (257,546) Payroll (110,276) (116,086) (174,185 (108,583) (110,791) Debt Service (124,662) ---------------------------------------------------- (3,943) (2,478) (4,653) Ending Cash Balance $123,311 $64,874 $51,652 $60,125 $54,394 AUG SEPT 54,394 Beginning Cash Balance Deposits 187,564 Investments Accounts Payable (115,261) Payroll (211,598) Debt Service Ending Cash Balance $15,099 Footnotes: CITY OF SOUTHLAKE CASH ACTIVITY REPORT- GENERAL FUND FOR THE PERIOD ENDED, AUGUST, 1990 WEEK ENDING DEPOSITS ACCTS PAYROLL DEBT RUNNING ------------------------------------------------------------------------------------ PAYABLE SERVICE BALANCE Beginning Balance 54394 August 10, 1990 13927 13253 55465 0 -397 August 17, 1990 115425 59831 0 0 55197 August 24, 1990 12335 35559 56133 -24160 August 31, 1990 45877 6618 0 15099 Average Weekly Deposit: 46891 (Excluding redeemed CD's) Average Weekly Disbursement: 28815 (Excluding investments) Average Payroll: 55799 Total Certificates of Deposit: 1000000 City of Southlake, Texas M E M O R A N D U M September 14, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water & Sewer Fees There are certain fees that are being charged in the Water Utility Division that need to be ratified and/or increased. Below is a brief description of the fees that need Council approval: 1. Reconnection Fees: These fees are charged to the customer to turn water on during the day or night. Existing Fee Proposed Fee Description $10 $15 Reconnect Fee 8:00 a.m.- 5:00 p.m. $10 $40 Reconnect Fee after 5:00 p.m. 2. Sewer Tap Fee: This fee is charged for tapping the customer's sewer line to the City's main sewer line. Existing Fee Proposed Fee 0 $ 75 3. Water Tap Fees: These fees are charged for making the various water taps to the City's main water line. Water Meter Size 3/4" 1" 1 1/2" 211 411 611 811 Existing Fee $ 250 $ 360 $ 410 $ 600 $ 1,900 $ 2,777 $ 4,054 s-� Proposed Fee same Curtis E. Hawks September 14, 1990 Page 2 4. Reinstallation Fee: This fee is charged to cover the cost of reinstalling a meter after it has been removed. This fee has never been approved by the Council. This fee historically has only been used three or four times a year. $ 50 Deposit 15 Administrative Fee 35 Reinstallation Fee $ 100 Fee 5. Testing Fee: This fee is charged to a customer that believes that their meter is registering incorrectly. The policy is that the customer pays the City $50 prior to testing the meter. If the meter is correct the City reinstalls the meter and keeps the $50. If the meter is incorrect, the City sets a new meter for the customer and refunds the $50 to the customer. $ 50 Testing Fee Please place these fees on the Council's agenda for consideration as proposed. Should the Council agree with the proposed fees, the approval will be reflected in the minutes of the meeting. If you have any questions, please contact me. M11 MHB/lc M E M O R A N D U M September 13, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-70, Collection of Ad Valorum Taxes with Tarrant County Tax Office. The current agreement with Tarrant County for the collection of Ad Valorum Taxes in both Denton and Tarrant Counties, for the City of Southlake, will expire on November 7, 1990. The attached agreement sent to the City offers a renewal agreement at the same rate of forty cents ($.40) per item or account collected by the County Assessor/Collector. If you have any questions, please give me a call. 4141� L/ 1 0- TARRANT COUNTY FORT WORTH, TEXAS 76196-0301 JUNE GARRISON Tax Anenor-Colleetor September 7, 1990 City of Southlake Attn: Mayor Gary Fickes 667 N. Carroll Ave. Southlake, Texas 76092 Dear Mayor Fickes: �t1 SEP 11 1990 OFFICE OF -TY SECRE STAR Please find attached our renewal contract for collection of your ad valorem taxes. It is a pleasure to be able to offer this service. I hope it continues to be beneficial to you, the City of Southlake, and to the tax payers. Please sign and return the document to my office at your convenience. After the document has been approved and signed by County Judge English I will send a copy for your records. Thank you for your splendid spirit of cooperation. This means of central collection has proven to be helpful to tax payers as well as to persons making record inquiries. Please contact me or my Deputy of Finance, Don Sharp, any time we may be of assistance in any way. Sincerely, June Garrison Tax Assessor -Collector Tarrant County JG/oj Attachment: 1 Contract 4;;�-a City of Southlake, Texas RESOLUTION NO.90-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TARRANT COUNTY TAX OFFICE RENEWING THE CONTRACT FOR COLLECTION OF THE AD VALOREM TAXES IN DENTON AND TARRANT COUNTIES. 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 authorizes the Mayor to enter into an agreement between the City of Southlake and Tarrant County Tax Office for collection of Ad Valorum Taxes in Denton and Tarrant Counties, in the form attached hereto as Exhibit A and authorizes the Mayor to have delivered an executed copy of the agreement to Tarrant County. 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 TEXAS X X AGREEMENT COUNTY OF TARRANT X Agreement made this the day of , 1990, by and between June Garrison, Tarrant County Tax Assessor/Collector, hereinafter referred to as ASSESSOR/COLLECTOR, whose address is 100 E. Weatherford Street, Fort Worth, Tarrant County, Texas, 76196-0301, and the CITY OF SOUTHLAKE, hereafter referred to as City of Southlake, whose address is 667 N. Carroll Avenue, Southlake, Texas 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City of Southlake. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the City of Southlake has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASHION AS TARRANT COUNTY CO r ] ITa nw 4 TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to, receiving information from the respective taxpayers, transmittal of tax statements to taxpayers, rapid deposit mail process, collection of taxes due and owing to the City of Southlake, a computer listing of accounts paid, accounts delinquent and the tax roll. All payments of accounts paid will be made the next day to the City of Southlake unless the amount is less the $100.00. When the cumulative total of taxes collected for the City of Southlake equals $100.00, or at the close of the month, the Assessor - Collector will disburse funds. The Assessor -Collector will provide necessary assessment and truth in taxation calculations. II. COMMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered are as follows: 1. A rate of forty cents ( $ . 40 ) per item or account collected by the ASSESSOR/COLLECTOR. TAX RATE REQUIREMENT The City of Southlake will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted effective tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m., September 13, 1990. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the Exemption Schedule will be charged to the City of Southlake. 4. el IV. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove setout, and shall continue in effect for a period of one (1) year unless sooner terminated by providing notice as outlined in paragraph IX. V. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, and Court orders and Board regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of Southlake of that fact and the reasons therefor. A DEPOSIT OF FUNDS All funds collected on full payments or half payments by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City of Southlake shall be mailed to the City of Southlake, at the above address. VII. REFUNDS Refunds will be made by the County. The ASSESSOR/COLLECTOR will advise the City of Southlake of the change in the tax roll which was mandated by the Tarrant Appraisal District. VIII. DELINQUENT COLLECTIONS The Tarrant County Commissioner's Court has contracted with a Law Firm to collect all taxes delinquent after JULY 1 of the taxing year. The ASSESSOR/COLLECTOR will collect the fifteen percent (15%) collection fee from the taxpayer upon receipt of the tax payment and forward the proportional share amount directly thru to the City of Southlake for compensation to a Firm under contract to the City of Southlake. IX. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Nailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. X. MISCELLANEOUS PROVISION 1. This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument 4-s shall be of no force or effect excepting a subsequent modification in writing and signed by the parties. 2. This Agreement shall be construed under and in accordance with the laws of the State of Texas, an all obligations of the parties created hereunder are performable in Tarrant County, Texas. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successor. 4. 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 effect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. 5. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. JUNE GARRISON TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAKE BY: TITLE FOR TARRANT COUNTY: BY: ROY ENGLISH, TARRANT COUNTY JUDGE C0-6 I City of Southlake, Texas M E M O R A N D U M September 13, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-71, Food Inspection and Public Swimming Pool Inspection Services The current agreement that the City of Southlake has with Tarrant County Health Department for Food Inspection Inspection Services will expire on October 1, 1990. I have attached a copy of Resolution 89-49, approving the agreement. New this year, Tarrant County has added the inspection of Public Swimming Pools to this agreement, which at this time does not apply to Southlake, as we do not have public swimming pools. If you have any questions, please do not hesitate to contact me. LL/sl 7-1 City of Southlake, Texas RESOLUTION NO.89-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH TARRANI' COUNTY HEALTH DEPARIVENT FOR FOOD ESTABLISHMENT SURVEILLANCE PROGRAM. PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 3, Section 64 of the Texas Constitution, and Article 4413 (32c) of the Revised Civil Statutes of Texas authorize Counties and Cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the area of public health and welfare; and, WHEREAS, The City of Southlake and Tarrant County, pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract whereby Tarrant County will make available to the City of Southlake Food establishment Surveillance Program Services for the public health protection of its residents; and, Tf,=FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLM AKE, TEXAS, THAT: Section 1. That the above premises are true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That the Tarrant County Health Department through its Food Establishment Surveillance Program will provide its services to all food establishments located within the corporate limits of the City of Southlake during the term of this agreement. The services shall consist of a food establishment surveillance program, certification of establishments for issuance of health permits, collection of fees, notification of violations of health ordinances, documentation of food establishment surveillance program activities within the city in a quarterly report, and where legally required by ordinance, approval of food establishment managers training and certification. Section 3. That the Mayor is hereby authorized to executive the attached agreement and cause to have delivered to the Tarrant County Health Department. Section 4. That said agreement shall be in effect on the date of passage. PASSED AND APPROVED THIS THE 5th DAY OF SEMMER, 1989. ) yor Gar'y Fickes A7 T: i �•t Sandia . LeGrand, City'Secretary .IN September 6, 1990 Gary Fickes, Mayor City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 TARRANT COUNTY HEALTH DEPARTMENT 1800 UNIVERSITY DRIVE FORT WORTH. TEXAS 76107 RE: Food Sanitation and Public Swimming Pool Inspection Services, Tarrant County Health Department Dear Mayor Fickes: The contract for food sanitation inspection services between the Tarrant County Health Department (TCHD) and your city will expire soon. We hope you want to renew the contract for the coming year. I believe that T M has several benefits to offer that make the contract desirable. A good staff with strong technical support, respect from other agencies and efficient services make TCHD a winning team. TCfID has a well trained and experienced staff. All of our inspectors are Registered ,3anitarians. Our food sanitation inspectors are standardized by the Texas Department of Health (TDH). Citizen ccanplaints are investigated promptly and TCHD staff is available to address concerns that city staff members may have. Health regulations are applied in a fair and consistent manner. This is accomplished with standardized procedures for enforcement actions and frequent follow-ups by supervisory personnel. Sane of our staff members participate in the training of food service managers through the Texas Public Health Association's Food Managers Certification Program. TCHD sanitarians have a good track record in achieving compliance with health laws and have demonstrated their ability to work with businesses in a beneficial role. Through many years of working with state and fderal agencies, we have developed an information network that allows us to readily access their technical assistance and support. In providing services to twenty nine cities and the unincorporated areas of Tarrant County, we are able to keep permit fees competitive with other metropolitan areas in Texas. Permit fees are not adjusted for the size of a facility at this time because only 70% of program costs are recovered by TCHD. The Texas Legislature has put a ceiling of $150 on the fee for unincorporated areas, therefore graduated fees would further reduce cost recovery. If the fee ceiling is raised, a graduated fee scale will be proposed by TCHD. TCHD has a good in-house technical support base. We have an epidemiologist and two full time M.D.'s that are shared with the Fort Worth Health Department (FWHD). We work directly with FWHD staff and benefit from their technical expertise, sharing of equipment and training resources. We utilize the City of Fort Worth Laboratory, microbiologist, lab technicians and chemist. The Lab is state certified for food, eater and medical testing. Businesses are aware of health standards and know what to expect fra. the Health Department because of consistent actions by TCHD. Consistency is maintained even though political changes may have occurred in a particular city. 7-3 I This year we are proposing the addition of a public swimming pool/spa pen ut program to the food sanitation contract. Although TCHD has performed public swimming pool and spa inspections in the past, the requirement of permits for these facilities will aid n upgrading substandard facilities. Hazardous conditions exist when repairs to concrete, paint, ladders, filters, safety equipment and installation of auto matic chlorinators are delayed. Permits will allow a more clearly defined, systematic means of gaining compliance with minim n state standards. Injuries, drowning deaths and accidents in public swimming pools and spas are usually related to supervision, maintenance and adherence to rules. The model ordinance has a provision for certifying pool operators. Certified operators will be better equipped to deal with these problems. Certifying operators and permitting facilities should provide the standard of service expected by the public. In order to more clearly define the difference between a public and private pool, the definitions in the model Ordinance have been revised in Section 3, a, b. Also an additional clarification concerning permit requirements has been added to Section 4, f. (Please see the enclosed revision notice.) The $100 permit fee will approximately cover the costs of the program. If more than one swimming pool is connected to a filtration system, only one permit will be required. The public pool/spa permit program will be Operated similarly to the food sanitation program. We will work with owners in plan review, construction and maintenance. Complaints will be promptly investigated. Display of permits and certifications should help the public to identify safe facilities. :lease find enclosed three copies of the contract. In order to make the process as ycfficient as possible, the following sections should be checked for completion and accuracy before mailing: - City name spaces - Duly authorized name space - Commencing and ending dates - Date executed - Signature of executing city official and date - City attorney's signature and date - Attestants signature, notarization and date Please forward the three completed contract originals to Lawrence C. Prine, Environmental Health Manager; Tarrant County Health Department; 1800 University Drive; Fort Worth, Texas 76107. We would like to put them on the October 1 Commissioners' Court agenda. The Tarrant County Health Department will continue to strive for improvements in our efforts to protect the public health and address the public interest. If any additional information or clarification is needed, please contact Mr. Prine at (817) 335-8551. Sincerely, ick U. Curry, M.D., M.P.H. erector of Public Health encl: NUC/js — 1�4 City of Southlake, Texas RESOLUTION NO.90-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TARRANT COUNTY HEALTH DEPARTMENT FOR INSPECTIONS OF FOOD ESTABLISHMENTS AND PUBLIC SWIMMING POOLS WITHIN THE CITY OF SOUTHLAKE. 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 authorizes the Mayor to enter into an agreement between the City of Southlake and Tarrant County Health Department for inspections of Food Establishments and Public Swimming Pool Inspection Program Services, in the form attached hereto as Exhibit A and authorizes the Mayor to have delivered an executed copy of the agreement to Tarrant County. 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 STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the governing bodies of the parties herein finds the following agree- ment in the best interest of the citizens they serve and WHEREAS, Article 3, Section 64 of the Texas Constitution, and Article 4413 (32c) of the Revised Civil Statutes of Texas authorize Counties and Cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the area of public health and welfare; and WHEREAS, Tarrant County and the City of pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract whereby Tarrant County will make available to the City of Food Establishment and Public Swimming Pool Inspection Program Services for the public health protection of its residents; Now, THEREFuRE, KNOW ALL Maq BY THESE PRESENTS: Tarrant County hereinafter called "County," acting herein by and through Roy English, its duly authorized County Judge as directed by the Commissioners' Court of Tarrant County, and the City of a municipal corporation situated in Tarrant County, Texas, hereinafter called "City" acting herein by and ugh , its duly authorized do hereby covenant and agree as follows: , 1. County hereby makes available to City for the protection of its residents Food Establishment and Public Swimming Pool Inspection Program Services through the Tarrant County Health Department . 2. The Tarrant County Health Department will provide its services to all food establishments and public swimming pools located within the corporate limits of said City during the term of this agreement. The said services shall consist of a food establishment and public swimming pool inspection program, certification of establishments for issuance of health permits, collection of fees, notification to City of violations of health ordinances, documentation of program activities within City in a quarterly report, and, where legally required by ordinance, approval of food establishment and pool managers training, and certification. 3. The City agrees to maintain during the period of this agreement, ordinances which: adopt the current Texas Board of Health "Rules on Food Service Sanitation" and Retail Food Store Sanitation"; designate the Director of the Tarrant County Health Department as Health Authority for the purposes of this agreement; to require all food establishments within corporate limits to maintain a valid health permit; adopt health permit fees of $150 annually for each food service and retail food establishment that engages in food preparation, $100 annually for each retail food establishment that does not engage in food preparation and $35 for each temporary food establishment; assign to the Tarrant County Health Department the authority to lu-1 7-6 collect health permit fees directly from permit applicants; and, where not precluded by law► require food establishments to have certified managers. 4. The City agrees to provide the Tarrant County Health Department, within 90 days of the commencement of this agreement, proof of the existence of whatever ordinances may be necessary to: adopt the current Texas minimum Standards of Sanitation and Health Protection Measures, Title 5, Chapter 341, Subchapter D, Section 341.064 of the Texas Health and Safety Code, and Design Standards for Public Swimming Pool Constrvction, 25 TAC, Chapter 337► Sections 337.71 through 337.96; to designate Director of the Tarrant Count Health De hethe Y Department as Health Authority for the Purposes of this agreement; to require all public swimming pools and spas within the corporate limits to maintain a valid public swimming pool permit; to adopt public rimming pool permit fees of $100 annually for each public swimming pool and spa; to assign to the Tarrant County Health Department the authority to collect public swimming Pool permit fees directly from permit applicants; and, where not precluded by law, to require facilities to have certified pool managers: 5. The City shall be responsible for enforcement of the City's health ordinances. 6. The term of this agreement is for a period of one (1) year commencing on October 11 1990, and ending on September 30, 1991, unless either the County or City provides thirty (30) days written notice to the other that an amendment or termination is necessary. 7. County is an independent contractor under the terms of this agreement and is not an officer, agent, servant or employee of•City. EXECUTED this day of , 1990 in Tarrant County, Texas. City of COUNTY OF TARRANT STATE OF TEXAS By: BY: Roy English County Judge Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: City Attorney County Legal Advisor Date: Date: ATTEST: By: M - 2 7-7 M E M O R A N D U M September 14, 1990 TO: Honorable Mayor Fickes and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item No. 8: Consider Vote For Randy Moravec to Place 1 of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees ------------------------------------------------------------- The City of Southlake is a member of the Texas Municipal League Intergovernmental Risk Pool (IRP) for purposes of our Workers' Compensation, property, and liability insurance. The Risk Pool Board of Trustees is appointed by the TML member organizations (cities, hospital districts, and other special districts). An attempt is made to keep a balance between elected and appointed officials on the Board. (See attached list of Board members.) The Board is responsible for policy decisions affecting the IRP. Several cities in our immediate area are also members of the IRP, including Addison, Bedford, Colleyville, Coppell, and Keller. The members of the Board are elected to places at large, rather than by geographic area. It would be to our advantage to have local representatives on the Board. Only one of the two contested places on the ballot has a local candidate: Randy Moravec of Addison. Although I do not know Mr. Moravec personally, he has an excellent reputation among people whose opinion I respect. A copy of a letter from Mr. Moravec concerning his candidacy is attached. I recommend that you cast our ballot for Mr. Moravec. Should you agree, the minutes of the meeting will reflect your vote. 94�- CEH OFFICIAL BALLOT TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES ELECTION Ballots must reach the office of the TML Intergovernmental Risk Pool no later than October 1, 1990. Ballots received after this date cannot be counted. All ballots should be mailed to: Trustee Election, TML Intergovernmental Risk Pool 211 East 7th Street, Suite 500, Austin, Texas 78701 or returned in the enclosed self-addressed envelope. The names of the officials listed on this ballot have been nominated to serve a six -year term on the Intergovernmental Risk Pool (Workers' Compensation, Property and Liability Funds) Board of Trustees. Each member of the TML Intergovernmental Risk Pool is entitled to vote for Board of Trustee members. Please record your choices by placing an "X" in the square beside the candidate's name. YOU SHOULD VOTE FOR ONE CANDIDATE FROM EACH PLACE. Place 1 Q Virgil Gray has been the City Manager of Brownwood since 1978. He has over 28 years of service with the City of Brownwood in various capacities. He served for 20 years on the Board of Trustees of the Texas Municipal Retirement System. Q Randy Moravec has been the Director of Finance for the City of Addison since 1987. He worked for the City of Kingsville as Assistant City Manager from 1981-1987 and as the city's Finance Director/City Secretary from 1980-81. In addition, Mr. Moravec was an Administrative Assistant in the Office of Budget and Evaluation for Corpus Christi. Mr. Moravic is a graduate of the Masters of Public Administration program at Southern Methodist University and hold a B.A. in both Economics and Political Science, also from SMU Place 2 Saul Ramirez has been a city councilmember for Laredo since 1982. He has been in the insurance businesss for over 12 years and is the owner of Saber Insurance Services in Laredo. He received his United States Fidelity and Guaranty Certificate from the Southwest School of Insurance. Mr. Ramirez serves on the International Good Neighbor Council and was a Trustee for the TML Group Benefits Board for over three years. He was appointed to the Pool Board in August, 1989. (Incumbent) Continued on Reverse Side Y-1� Place 3 Q Charles C. Bogan, Jr. is a former mayor and current councilmember for the City of Borger. He is on the Borger Housing Authority Board and has served on the Hospital Board of Directors and the Frank Phillips College Board of Regents. Mr. Bogan, now retired, was the manager of an insurance agency office in Borger. Q David A. Prewitt is the Mayor of Ralls. He has farmed in the Ralls area for 25 years and is part owner of Abell-Prewitt Implement Company and President of DDJ Farms, Inc. Mr. Prewitt holds a degree in Agriculture Economics from Texas Tech University. He was president of the Ralls School Board for 11 years, is past vice- president of the South Plains School Board Association and is currently a director of the Education Service Center, Region XVII. Place 4 Q L. Don Dodson has been the Mayor of Bedford since 1972 and is President of Lubrical Inc., a nationwide oil marketing firm. He has served as president for the Texas Mayors Association, Tarrant County Mayors Council and the Tarrant County Association for the Blind. He has also served on the Board of Directors for the Texas Municipal League, the First National Bank - Bedford and the Harris/H.E.B. Hospital. He is the current Chairman of the TML Intergovernmental Risk Pool Board of Directors, where he as served as a Trustee since 1978. (Incumbent) PLEASE NOTE: BALLOT MUST BE SIGNED TO BE COUNTED CERTIFICATE I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness by hand, this day of , 1988. Signature of Authorized Official Name of Political Subdivision Texas Municipal League -Intergovernmental Risk Pool Board Of Directors -1990 Place 4 Place 7 Place 13 L. Don Dodson (Chairman) Ron E Cox Nora Chavez Mayor City Manager Director of Finance City of Bedford City of Kilgore City of San Antonio 2000 Forest Ridge P.O. Box 990 P.O. Box 839966 Bedford, Texas 76021 Kilgore, Texas 75662 San Antonio, Texas 78283-3966 (817) 281-1800 (214) 984-5081 (512) 299-8620 Place 6 Place 8 Ed Wagoner (Vice -Chairman) Rutha Waters Place 14 General Manager Councilmember Dick Brown Texas Municipal Power Agency City of Waxahachie Councilmember P.O. Box 7000 200 Sagebrush City of Rollingwood Bryan, Texas 77805 Waxahachie, Texas 75165 1108 Lavaca, Suite 400 (409) 873-2013 (214) 376-5451, Ext. 5339 Austin, Texas 78701 (512) 472-1927 Place 1 Place 9 Ben Munson Andres Gana, Jr. Place 15 Mayor City Manager N. Alex Bickley City of Denison City of Pearsall Attorney at Law P.O. Box 1099 213 South Oak St. 3437 Webb Garden mason, Texas 75020 Pearsall, Texas 78061 Dallas, Texas 75229 %pd4) 463-3750 (512) 334-3676 (214) 247-4676 - Office Place 2 Place 10 TML Representative Saul Ramirez Donald Henderson, CLU Norm Tremblay Councilmember 4855 N. Mesa, Suite 102 Mayor City of Laredo El Paso, Texas 79912 City of Live Oak P.O. Box 1279 (915) 532-1442 8001 Shin Oak Laredo, Texas 78040 Live Oak, Texas 78233 (512) 722-1642 (512) 736-4691 - Office Place 11 Greg Ingham Place 3 City Manager TML Representative Rick Rhodes City of Levelland Frank Sturzl Mayor P.O. Box 1010 Executive Director City of Sweetwater Levelland, Texas 79336 Texas Municipal League 15 Club Terrace (806) 894-0113 211 E. 7th Street, Suite 1020 Sweetwater, Texas 79556 Austin, Texas 78701 (915) 236.6611 (512) 478-6601 Place 1 David W. Reagan Place 5 Attorney Lyndon L. Olson, Jr. City of Midland President P.O. Box 1152 c The National Group Midland, Texas 79702 M r' rance Companies QU (915) 685-7254 IM L . Box 2650 Waco, Texas 76702 (817) 75&5531 1%-MRG0%'ER.VME1TGL RISK POOL F-3 Texas Municipal League - Intergovernmental Risk Pool Staff - 1990 Executive Director -Jack Floyd Deputy Director -:Marvin Townsend Administrative Services June Wiseman, Manager Diane Hougland, Graphics Coordinator Alana Foster, Administrative Technician Sandy Caskey, Administrative Technician Irma Saucedo, Receptionist Marketing and Technical Services Carol Loughlin, Director Linda Dunbar, Associate Director Daisy Palmer, Field Services Representative Julia Moore, Field Services Representative (Dallas) Paula Rotthoff, Field Services Technician MIS Ann Cresap, MIS Manager Claims Mike Rains, Assistant Claims Manager (Liability) Jim Sanford, Senior Claims Coordinator (Liability) Bill Trojcak, Senior Claims Coordinator (Liability) Mike Bratcher, Claims Coordinator (WC) Alexander Price, Claims Coordinator (Liability) Lori Brots, Claims Coordinator (Liability) Todd Guest, Claims Coordinator (Liability) Cindy Arce, Claims Assistant (Liability) Yvonne Ojeda, Claims Assistant (WC) Cindy Bellard, Claims Technician (Liability) Leal Dick Evans, Staff' Attorney Finance Rod Bouffard, Director of Finance Sue Carnegie, Controller Vicki Terrell, Accountant Tim Brevard, Accountant Mary Speed, Billing Coordinator Safety Services Peter Potemkin, Director Perry Huckabay, Field Services Coordinator Richard Hurst, Sr. Loss Prevention Field Consultant (Dallas) Marce Vazquez, Sr. Loss Prevention Field Consultant Caroline DeYong, Loss Prevention Field Consultant (Corpus Christi) David Solis, Loss Prevention Field Consultant (Lubbock) TML Risk Pool Offices Austin - Headquarters serving all regions 211 East 7th Street, 5th Floor Austin, Texas 78701 (512) 320-1325 or toll -free; (800) 683-7665 and (800) 684-7475 Dallas Office - Serving Regions 8, 13, 15 Julia Moore, Field Services Representative Richard Hurst, Loss Prevention Field Consultant (214) 980-3723 Corpus Christi Office - Serving Regions 7, 11, 12 Caroline DeYong, Loss Prevention Field Consultant (512) 851-9476 Lubbock Office - Serving Regions 2, 3, 4, 5, 6 David Solis, Loss Prevention Field Consultant (806) 799-5540 4 0 T O Vc ti O F AODISON August 30, 1990 Fr ANCE DEPARTMENT Post Office Box 144 Addison. Texas 75ool Mr. Curtis E. Hawk City Manager City of Southlake 667 Nnr-th Carroll Avenue Southlake, Texas 76092 Dear Mr. Hawk: 12141450-7051 5350 Belt Line Road Within the next few days you will be asked to select new members to the TML Intergovernmental Risk Pool Board of Trustees. My name has been placed in nomination for the Board and I would like to use this opportunity to introduce myself. I have been involved with public administration and finance since graduating from SMU fourteen years ,go. Having served as finance director for two Texas municipalities, I know one of the greatest frustrations for a public official is obtaining insurance coverage at a reasonable cost. In the past the insurance industry has contributed to this frustration by offering incredibly low premiums for coverage in the good years and then dramatically raising rates during the bad times. This fluctuation makes it extremely difficult to budget expenditures from one year to the next. My experience has convinced me that participation in the TML Intergovernmental Risk Pool is the only reasonable option available for cities to insulate themselves from the volatile insurance market. Over the past year the Pool has made great progress in expanding the scope of services offered to cities. If elected to the Board I would work to continue this effort and establish an effective partnership between the TML Pool and Texas communities. I would also encourage members to call me to discuss problems or issues related to the Pool. Your consideration of my election to the Board is greatly appreciated. Sincerely, �k . andolph (Randy) C. Moravec RCM/cm y City of Southlake, Texas - M E M O R A N D U M September 14, 1990 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item No. 9: Consider Amendments To Personnel Policies The City's current Personnel Policies were approved by resolution of the City Council in February, 1989. Section 5 of Chapter 1 sets out the authority and responsibility for personnel administration. The existing policy provides that "...the City Manager may change or amend the provisions of these Policies..." subject to City Council approval. It also provides that the interpretation of the Policies is reserved to the City Manager. As often occurs with printed material, several mistakes occurred between the draft and final printing of the document that give rise to the need for interpretation. The provision of vacation leave is contained in Chapter 6 Section 2. When the rules were first drafted, a 12-month probationary period was provided for all employees since state statute provides a 12-month probation for fire and police, and we contemplated having the same probationary period for all employees. The Policy on vacation provided that employees would receive and be eligible to take vacation following the completion of their probationary period, which would be at the end of twelve months. It is customary in both public and private employment to earn vacation after one year. Prior to the final presentation of the proposed policies to the City Council, the probationary period was reduced to six months (which is customary in municipal employment) for all but fire and police personnel. Section 2(A) of Chapter 6 currently reads "...vacation may not be used until probation is completed." Section 2(C) provides that employees "...shall receive eighty (80) hours annual vacation leave after twelve (12) months of continuous service." The conflict exists due to the length of the probationary period. 9-/ Honorable Mayor and Members of City Council Personnel Rules & Regulations September 141 1990 Page 2 The intent was to provide vacation after the one year period. This interpretation has been made by me. However, I cannot change the text without your approval with the current wording in Chapter 1. There are also other provisions that can be better worded, for clarification, without changing the provisions. The changes underlined in the attached Section 5 would allow the City Manager to make such changes without the requirement to bring the matter back to the City Council. The specific proposed changes pertaining to the eligibility to take vacation is contained in the wording as underlined in Section 2 (A) . In addition to the above an addition to Chapter 5 Section 4 adds wording that specifically requires employees to cooperate with official investigations. This can be required under the existing provision pertaining to "...conduct prejudicial to good order..." or in written rules elsewhere, however, we would like to add the specific requirement. The addition of a new Chapter 7 provides the basis for our safety policy. The more specific safety rules and procedures will be provided separately. Should you agree to the proposed changes, the minutes of the Council meeting will reflect your vote to approve. CEH kb RESOLUTION 89-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUIT1LAKE, TEXAS, APPROV- ING THE ADOPTION OF PERSONNEL POLICIES. PROVIDING AN EFFECTIVE DATE. WTIEREAS, that new Personnel Policies have been prepared by the City Manager pursuant to the City Charter, and presented to the City Council; and, WHEREAS, Personnel Policies are necessary for the proper actministration of the affairs of the City; now, TfiEP.EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUI'I- WE, TEXAS, THAT: Section 1. That all of the above recitals and preambles are found to be true and correct. Section 2. That the City Council hereby specifically repeals and de- clares null and void, henceforth, all resolutions or minute orders dealing with any personnel mule, regulation, or police in conflict with these new Personnel Policies. Section 3. That the Personnel Policies, a true copy of which is attach- ed hereto and incorporated herein, for all purposes shall be adopted as the Personnel Policies for the City of Southlaye, Texas. Section 4. That the City Manager may promulgate codes, rules, regula- tions and policies necessary to implement these Personnel Policies. Section 5. That this resolution shall be in full force and effect from and after its passaqe. PASSED AND APPROVED THIS THE 21ST DA ATtEST : Sandra L. LeGrand =c City Secretary ...... I-,3 CHAPTER 1 PURPOSE OF PERSONNEL POLICIES SECTION 1: Purpose of Personnel Policies The purpose of these Personnel Policies is to provide for the proper administration of the affairs of the City; to provide a reference for employees about what is expected of the employee, and what the employee can expect from the City as an employer. SECTION 2: Role of City Employee The purpose of City government is to serve the community. Employees of the City are public employees, subject to public scrutiny, with a responsibility to the people of Southlake. The quality of service provided by the City to the people of Southlake depends upon the quality of the City's work force. Thus, the strength and future of the community depends in a large part upon employee contributions, that is, employee conduct on the job, and the way employees perform their duties. Indeed, contacts which employees may have with the public are oftentimes the only basis on which the City government is judged. SECTION 3: Applicability These Policies shall apply to all employees. All employees are charged with the responsibility of being thoroughly familiar with all provisions of these Policies. Department heads may initiate rules which apply to their operations as long as they are approved by the City Manager and are not in conflict with these policies, or other established rules, regulations, procedures, and policies. SECTION 4: Employment Policy It is the policy of the City to recruit, select, compensate, provide benefits and conditions of employment, and promote employees solely on the basis of qualifications and merit, and to prohibit unlawful employment discrimination based upon age, race, color, religion, sex, national origin, or political affiliations. It is also the policy of the City to provide productive employment opportunities for the handicapped by placing such individuals in positions where their abilities can be effectively utilized. SECTION 5: Authority and Responsibility With the exception of matters reserved to the City Council, the general and final authority for personnel administration rests with the City Manager. The City Manager may make changes in the format of these Policies as may be necessitated for clarification or proper administration. The City Manager may change or amend the provisions of these Policies as deemed necessary for the proper administration of the affairs of the City, subject to the approval of the City Council. 9- Z/ The interpretation of these Policies is reserved to the City Manager. Each department head is responsible for enforcing the provisions of these Policies. City employees are responsible for ftw complying with and adhering to these Policies, all rules of their department and to the directions provided by departmental management in the fulfillment of these Policies, and all other City rules, policies, ordinances, the City Charter, and the laws of the State of Texas and the United States. `%W. SECTION 6: Date of Adoption These Policies are adopted approval by the City Council. and effective immediately upon 4?- s I. Since final settlement of monies due an employee separated from the payroll because of death or termination for cause is paid in a lump sum, no holiday occurring after the date of death or termination will be included in the determination of the settlement. SECTION 2: Vacation Leave A. Employees with the exception of those appointed to part time or temporary positions accrue vacation leave during their first year of employment, but vacation leave may not be used until twelve months of continuous service is completed. Vacation leave does not vest until the completion of twelve months continuous service. Vacation leave is forfeited if employment is terminated before completion of twelve months continuous service. B. A person reappointed to a position accrues vacation leave at a rate determined by the number of years of continuous full-time service and may both accrue and use vacation leave during his or her probation after reappointment. C. Employees in regular positions shall receive vacation leave at the following rates: (1) after twelve (12) months of continuous employment, eighty (80) hours of annual vacation leave, accrued at the rate of 3.08 hours per pay period; (2) after five (5) years of continuous employment, one hundred twenty (120) hours of annual vacation leave, accrued at the rate of 4.62 hours per pay period. All vacation leave shall be based upon the employee's anniversary date. The City Manager may implement special rules, consistent with state law, for personnel of the Police and Fire Departments. D. Generally, employees shall not be permitted to carry over more than ten days of vacation leave from year-to-year. However, the City Manager may waive this limitation if the needs of the City preclude the taking of vacation leave which would otherwise be lost because of this limitation. E. Requests for vacation leave are subject to approval by an employee's department head prior to the request being granted. Vacation requests by department heads are subject to the approval of the City Manager. A department head shall schedule an employee's vacation giving consideration to the ability of the remaining staff to perform the work of the department. The employee has the responsibility to assure that the leave request is made within a reasonable length of time prior to the commencement of the leave. i SECTION 4: Possible Reasons for Action Disciplinary action will be undertaken whenever deemed necessary for the proper administration of the City. Employees are subject to disciplinary action including termination for conduct detrimental to the efficiency of City service, including, but not limited to: o Sexual harassment; o Insubordination --including refusal or failure to perform assigned work or refusal or failure to report to work after being notified by the employee's immediate supervisor (or higher management) to so perform or report; o Willful discourtesy to the public while in the line of duty; o Absence from duty without notice to and permission from the immediate supervisor except in circumstances beyond control which prevent giving notice; o Violating safety policies or conduct creating a safety hazard; o Neglect or carelessness resulting in personal injury or damage to the City's property or equipment; o Fighting or horseplay; o Sleeping on duty; o Willful destruction of City property or equipment; o Theft of City property; o Failing to consent to a search request; o Refusal to cooperate in an official investigation of a vio ation of a city, state, or fe era law, rule, regulation, or policy; o The illegal use or possession of any controlled substance, narcotic or drug, or the use of intoxicating liquors, while in City uniform.or on City property; o Reporting to work under the influence of liquor and/or drugs; o Repeated incompetence or inefficiency in the performance of duties; o Accumulating more than two written warnings during a twelve (12) month period, or three in five years; o Violation of the Personnel Policies or other rules and regulations of the City or department; o Falsifying personnel records or any other City records; o Disclosing confidential information; o Repeated abuse of sick leave; o Unacceptable conduct as set out in the Personnel Policies or other City and departmental rules and regulations, or any conduct prejudicial to good order. SECTION 5: Type of Disciplinary Action In making a decision as to what discipline should be recommended, the supervisor should consider such factors as the type and severity of the offense or offenses, the employee's work record, and any mitigating circumstances which may be relative to the situation. Disciplinary action should be taken only after consideration of: o How serious was the offense? o How often has the employee misbehaved in the past? o What is the employee's entire previous record? - CHAPTER 7 SAFETY SECTION 1: Safety Responsibility A. Department directors and division heads have the full authority to, and total responsibility for, maintaining safe and healthful working conditions within their area of jurisdiction, whether in the field or in the office. B. Supervisors of each work unit shall: 1. be responsible for safe and healthful working areas for employees under their direction or control; 2. be accountable for preventable accidents, injuries, and liabilities caused by employees under their direction or control. C. Department directors, division heads, and work unit supervisors of each work unit are responsible for orienting all employees under their control on City safety Procedures. D. All employees are required as a condition of employment to exercise due care in the course of their work. To prevent or minimize injuries to themselves and their co-workers, and to protect and conserve City equipment, each employee shall: a. Obey all safety rules and follow published work instructions; b. Report to the 4mmediate supervisor all unsafe conditions; C. Keep work areas clean and orderly at all times; d. Report all accidents immediately to the immediate supervisor; e. Operate only machines or equipment that he/she has been authorized to operate. E. Department directors, division heads, and work unit supervisors are required to consider an employee's safety record in the basic criteria used to evaluate the emplovee's performance. SECTION 2: On -the -Job Injury and Accident Reports A. Employees are required to immediately report to their immediate supervisor all accidents resulting in personal injury and/or damage to the City_ equipment, City vehicles, or any other property. B. Work unit supervisors must report all on-the-job injuries and accidents to their respective department head. C. Department heads must report all on-the-job accidents to the City Manager's Office as soon as possible so that the necessary reports can be properly processed. D. Specific reporting procedures shall be carried out in the manner developed by the City Manager's Office. SECTION 3: Operation of Motorized Equipment A. All employees who operate or drive a motorized vehicle owned or used by the City shall be responsible for the proper use and operation of the vehicle, and shall obev all City and State traffic laws and regulations. B. All operators of motorized vehicles shall report to their supervisors any defects that exist or may occur in their vehicle. 9-/0 City of Southlake, Texas fir► M E M O R A N D U M September 14, 1990 TO: Honorable Mayor Fickes and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Consider Waiver To Park Use Policy Regarding Lighting Fees and Ballfield Preparation Fees, Pending Development Of New Park Use Policy. The current policy for use of the facilities in Bicentennial Park were adopted by Resolution of the City Council on October 6, 1987. The policy sets out the fees to be charged for the park building and the ballfields, and for the use of the concession stand. (See attached.) Apparently the policy has not been strictly adhered to from the beginning. For example, the Southlake Boys Baseball Association and the Southlake Girls Softball Association are by policy exempt from the lighting fees, but not the field preparation fees. Neither pay the field preparation fees. Other groups have used the fields without paying for lighting, including I believe the PTO. In the meanwhile, a question has arisen concerning whether or not to allow the Gladiators Athletic Association of Texas to use the field without paying the fees. The GAAT is a non-profit corporation incorporated in Texas. There are four Southlake teams with a total of 48 Southlake boys participating in a Gladiators fall baseball league. They are not directly related or associated with the Southlake Bovs Baseball Association., although the 48 players from Southlake in the Gladiators are apparently all members of the SBBA. The four teams began playing on the fields on a business -as -usual basis, i.e., without paving the fees. Several anonymous complaints were received by staff about this, with a demand that the fees be charged. The Park and Recreation Board considered the issue at its meeting Monday night, September 10. The Park and Recreation Board is aware of the gap between policy and practice and has been working toward developing a recommendation to the City Council a new park use policy. However, it will be several months before a recommendation could be forthcoming. The Park and Recreation Board recommended that the applicable fees be waived until the Board could develop a new policy concerning the park facilities. The Board expressed its desire to look at what Honorable Mayor Fickes and Members of City Council Waiver to Park Use Fees September 14, 1990 Page 2 other cities in the area are currently charging and then develop a recommended policy for City Council consideration. Should you concur, the minutes of the City Council meeting will reflect your acceptance of the Park and Recreation Board's recommendation. CEH/kb / C --Oz- RESOLUTION NO. 87-74 WHEREAS, Bicentennial Park offers recretional facilities for all citizens of Southlake and other non-profit organizations, operating within the city; and, WHEREAS, the Public Works Department of the City of Southlake is responsible for scheduling the park facilities; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: A park use policy has been established for the use of the Southake Civic Center, the Lighted Baseball Fields and the Concession Stand. The policy is hereby attached to this resolution and becomes effective upon its passage. PASSED AND APPROVED this th,e-_6th day of October, 1987. Jo nny Westerholm Mayor f Southlake AT'rEST : Sandra L. LeGran City Secretary 10- 3 B I C E N T E N N I A L P A R K Facilities and Fees Bicentennial Park offers recreational facilities for all citizens of Southlake and other non-profit organizations operating within the City. It is located on North White Chapel Road just North of FM 1709. For information and reservations, please call 481-5581: the Public Works Department, City Hall, 667 North Carroll Avenue. FACILITIES AND FEES: I. Southlake Civic Center A. Non-profit organizations operating within City of Southlake 1. Annual registration fee of $15.00 to be paid in Septem- ber each year. List of regular meeting dates must be submitted with the registration. A Clean-up deposit of 550.00 is required also. 2. Special activities will be scheduled on a first come basis at the rate of $50.00 for each six (6) hour block of time requested. 3. No group may reserve the Civic Center on a regular basis from 1:30 p.m. on Friday to midnight Sunday. These hours are reserved on first come basis only. B. Other citizens or groups (i.e. family reunions or birthday parties) 1. May reserve Civic Center at the rate of $50.00 for each six (6) hour block of time requested. 2. Clean-up deposit of $50.00 required. This is refundable if the facility is left clean and in order. [i II. Ballfields There are three ballfields available to the citizens of Southlake and non-profit organizations operating within the City. Groups outside the City will be given consideration on an availability basis at a negotiated rate. A. Lighting fees Field =1 is a tournament -size, lighted field and Field #2 is a smaller, lighted field. Both fields can be reserved for a base rate of $20.00 for the first two hours plus $10.00 for each additional hour. Field #F3 can be reserved at no charge. At present, there are only two groups who are exempt from these fees --the Southlake Boys Baseball Association and the Southlake Girls Softball Association. B. Field Dreuaration fees If the City Park personnel prepare the ballfields for play i.e. drag it, lime it, & place bases), the following fees will be charged: Weekday games: $25.00 Weekend games: $37.50 C. Equipment fees A deposit of $ will be charged if the City provides the bases for the ballfields. This fee is refundable if the bases are returned within hours after the game and are in good condition. III. Concession stand Senior citizens or part-time personnel will staff the City - operated and City -maintained concession stand. Citizens of Southlake and non-profit organizations within the City must request the concession stand and must provide volunteers in two-hour shifts to assist the City personnel. The base rate for concession stand operation is $ per NO ALCOHOLIC BEVERAGES WILL BE SOLD OR CONSUMED IN THE PARK. J 1 PROHIBITED ACTIVITIES AND USES IN CITY PARKS `.. Per Ordinance No. 309, the following activities and uses are Pro- hibited in any City Park: * Alcoholic Beverages Prohibited * Riding or Driving Horses in City Parks Prohibited * Riding or Driving Off -Road Vehicles in City Parks Prohibited * Vehicular and Bicycle Traffic Prohibited in Certain Areas by Posted Signs * Littering Prohibited * Fire Arms Prohibited * Any Use of, Entrance into, or Presence within a Public Park during the Hours of 12:00 p.m. (Midnight) and Sunrise is Prohibited Penalties and Enforcement Any person or persons who violate any provision of this ordinance shall be guilty of a misdemeanor and shall be fined upon convic- tion not less than one dollar ($1.00) or more than two hundred dollars (5200.00) for each offense, and each day any violation continues and each separate violation on any given day shall constitute a separate offense. 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 SEP`I'EMBER 30, 1991, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PRDJEC'T AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND D EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revisit in 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 SOUrHLAKE, 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. J3-1 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. A_)9AS-;S)M AND APPROVED on first reading this day of 19 PASSED '/'/',JJJJJl/11+{II*NAY AND APPROVED on 19 Fick , 'Mayor XL't Z�— andra L. LeGrand, City Secretary second reading this day of Fic e , Mayor Sandra L. LeGrand, City Secretary Ordinance 518 -2- /3-,A • • � •�� JIB • • 'J City Attorney Date: Adopted: Effective: Ordinance No. 518 -3- / 3-3 FUND BALANCE SUMMARY SCHEDULE Fiscal Year 1990-91 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: Sewer 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. 2,447,441 370,000 226,313 290,662 56,491 305,586 71,240 37,000 159,446 32,000 $ 269,662 370,000 3,996,179 115,315 113,330 353,035 161,307 136,359 445,276 810,011 269,530 103,369 95,705 743,433 81,967 61,560 (3,490,197) Reserve -Infrastructure (376,288) Reserve -Uncompensated Vac Benefits (39,864) Transfers -Operating Transfers - D/S (527,950) Undesignated Fund Balance 201,542 1,875,982 40,800 40,000 14,500 51,380 6,500 271,183 1,424,643 $ 113,512 2,029,162 (1,695,826) (51898) (159,446) (80,070) 201,434 GENERAL FUND SUMMARY Expenditures for FY1988 - 1991 DEPARTMENT/DIVISION ACTUAL ACTUAL REVISED PROPOSED FY88 FY89 FY90 FY91 GENERAL GOVERNMENT City Secretary/Mayor & City Council Personnel $ 36,136 $ 53,917 $ 46,545 $ 49,358 Operations 39,444 38,036 64,594 62,695 Capital Outlay -0- 738 3,000 3,262 TOTAL $ 75,580 $ 92,691 $ 114,139 $ 115,315 City Manager's Office Personnel 64,154 96,200 Operations 17,402 15,065 Capital Outlay -0- 2,065 TOTAL $ 81,556 $ 113,330 City Administration (FY90 Support Services) Personnel 134,546 122,977 -0- -0- Operations 353,455 442,401 346,686 336,935 Capital Outlay 25,738 1,493 15,550 16,100 TOTAL $ 513,739 $ 566,871 $ 362,236 $ 353,035 Finance Personnel 96,179 76,701 Operations 70,182 83,331 Capital Outlay 7,180 1,275 TOTAL $ 173,541 $ 161,307 Municipal Court Personnel 57,172 62,769 70,118 74,458 Operations 79,197 80,195 44,105 57,271 Capital Outlay -0- -0- 10,450 4,630 TOTAL $ 136,369 $ 142,964 $ 124,673 $ 136,359 GENERAL GOVERNMEN!r TOTAL $ 725,688 $ 802,526 $ 856,145 $ 879,346 /3-5 GENERAL Expenditures FUND SUMMARY for FY1988 - 1991 DEPARTMENT/DIVISION ACTUAL ACTUAL REVISED PROPOSED FY88 FY89 FY90 FY91 PUBLIC SAFEI7Y Fire Personnel $ 205,354 $ 291,440 $ 311,857 $ 346,149 Operations 51,545 59,105 77,318 78,747 Capital Outlay 11,314 7,676 41,149 20,380 TOTAL $ 268,213 $ 358,221 $ 430,324 $ 445,276 Police Personnel 623,051 627,005 719,912 601,736 Operations 64,942 75,422 117,355 116,975 Capital Outlay 31,612 45,251 101,344 91,300 TOTAL $ 719,605 $ 747,678 $ 938,611 $ 8101011 Public Safety Support Personnel 232,511 Operations 24,719 Capital Outlay 12,300 TOTAL $ 269,530 PUBLIC SAFETY TOTAL $ 987,818 $1,105,899 $1,368,935 $1,524,817 PUBLIC 4AURKS Building Personnel 59,540 67,673 87,461 86,109 Operations 98,769 79,744 85,050 15,530 Capital Outlay -0- 1,352 10,650 1,730 TOTAL $ 158,309 $ 148,769 $ 183,161 $ 103,369 Zoning Personnel Operations Capital Outlay TOTAL 13-(:� 61,550 32,340 1,815 $ 95,705 GENERAL FUND SUMMARY Expenditures for FY1988 - 1991 DEPA-Tni NT/DIVISION ACTUAL ACTUAL REVISED FY88 FY89 FY90 Street & Drainac7e Personnel 111,315 87,576 131,882 Operations 95,039 69,907 206,425 Capital Outlay 2,767 15,273 22,000 TOTAL $ 209,121 $ 172,756 $ 360,307 Parks Personnel $ 20,336 $ 22,761 $ 24,828 Operations 29,395 19,417 40,586 Capital Outlay 2,279 359 950 TOTAL $ 52,010 $ 42,537 $ 66,364 Public Works Personnel 13,127 30,066 47,692 Operations 68,836 6,533 12,050 Capital Outlay -0- 1,498 310 TOTAL $ 81,963 $ 38,097 $ 60,052 PUBLIC WORKS TOTAL $ 501,403 $ 402,159 $ 669,884 GENERAL FUND Personnel 1,260,577 1,366,184 1,600,628 Operations 880,622 870,760 1,083,753 Capital Outlay 73,710 73,640 212,583 GRAND TOTAL $2,214,909 $2,310,584 $2,896,964 13-7 ORDINANCE NO\519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.4450 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE 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 Ci 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 SOUI'i 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 $0.4450 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 $0.3675 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 become due and payable on December 31, 1990, and all ad valorem taxes for the year shall become 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 lst. of the year in which it becomes delinquent. Provided, however, a tax delinquent by July 1st. incurs a total penalty of twelve percent (12o) 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 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. Ordinance No. 519 -2- /IV— a 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. S 111m� D APPROVED L;�011ja_�. PASSED AND APPROVED 19 City Attorney Date: Adopted: Effective: Ordinance No. 519 on first reading this day of , , , I ;: 5- � �Lo� Ficke Mayor andra L. rand, City Secretary on second reading this day of FiciY, Mayor Sandra L. LeGrand, City Secretary -3- /I r 3 ORDINANCE NO. 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, notice of the City Council's intention to issNe 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 11 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 70,000 % 2007 75,000 % 2008 85,000 % 2009 90,000 % 2010 95,000 % 2011 100,000 % -2- 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 next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when -3- banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled Payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 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 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 4W 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- /!7 _ L` 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 -7- be printed in definitive form and provide for the Certificate (W certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals 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 bw 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- 14 REGISTERED NO. Certificate Date: August 1, 1990 Registered Owner: Principal Amount: Form of Certificates. 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- - S_� the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $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- /5- 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 LW done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. COUNTERSIGNED: CITY OF SOUTHLAKE, TEXAS Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. this WITNESS my signature and seal of office (SEAL) Comptroller of Public Accounts of the State of Texas c- c, D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within -mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The principal offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: By AMERITRUST TEXAS NATIONAL ASSOCIATION, as Paying Agent/Registrar 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: NOTICE: The signature on this Signature guaranteed: 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 Certificates) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate of 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- _ 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, TAX 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 (W 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 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (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 (W 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) (W 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 (W satisfying the foregoing payments and priorities, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. 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- lS �� (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 (W payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the Holders of 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- 1 S =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. -25- 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: -26- lS-�� "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 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. §1.148-2T, and (2) the Certificates has the meaning stated in Treas. Reg. § 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. -27- (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the regulations and 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 (W 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. -28- (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 general taxing powers; (2) at least 95% of Certificates will be used activities of the City; governmental unit with 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. -29- SECTION 27: Official Statement. The Official (WV Statement prepared in the initial offering and sale of the Certificates 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 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 - 3 0 - / 5-:-A, 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. -31- SECTION 33: CUSIP Numbers. CUSIP numbers may be (W 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. -32- 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. TE ity Secretary (City Seal) 4 6 3 2 s CITY OF SOUTHLAKE, TEXAS Mayor APPROVED AS TO LEGALITY: City Attorney -33- City of Southlake, Texas RESOLUTTbN NO.90-6$ A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A "PAYING AGENT/REGISTRAR AGREEMENT" IN RELATION TO "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1990" AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. WHEREAS?--on-this date the City Counci ity of Southlake, Texas, authorized the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of $1,100,000 (the "Securities"); such securities to be issued in fully registered form only; and, WHEREAS, in relation to the payment, registration, transfer and exchange of said Securities, the Paying Agent/Registrar selected therefor is Ameritrust Texas National Association; and, 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 Council. PASSED AND APPROVED this the day of , 1990. City of Southlake, Texas Resolution 90-68, Paying Page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas Agent/Registrar Agreement 6 -, CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT fir, THIS AGREEMENT entered into as of September 18, 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 issuance of its "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" (the "Securities") in the aggregate principal amount of $1,100,000, such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about October 16, 1990; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; 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 Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined). IA- 3 The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution". The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. 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 Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank 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- /&- Y "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager or Finance Director, 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. "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 Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "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 -3- /6_y- 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. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. 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 Payinq 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 principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security 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 Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fidicuary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. -4- Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Security 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 "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders 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 Securities shall be noted in the Security Register. Every Security 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 Holder thereof 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 Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. -5- /6 - 7 Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities 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 Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities 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 Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security 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 Security Holders. 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 Security Register. The Issuer may also inspect the information contained in the Security 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 Security 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 Security 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 Security Register. -6- AV Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, 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 Security shall be borne by the Holder of the Security 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 Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities 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- /& — / 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 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 Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. 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 Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness. WE /6-/0 The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities 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 Securities, and money deposited to the credit of such account until paid to the Holders of the Securities 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 trust account shall be made by check drawn on such trust account unless the owner of such Securities 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 the principal, premium (if any), or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. 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. ME 146 -11 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 Securities 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. 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 mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12. -10- 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 Bond 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 Bond Resolution, the Bond 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 principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written 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 Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the -11- /� -/ 3 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 Securities. ,r Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, 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 4 78 3 s AMERITRUST TEXAS NATIONAL ASSOCIATION BY Title: Mailing Address: Debt Administration Division P. O. Box 2320 Dallas, Texas 75221-2320 Delivery Address: Debt Administration Division 1201 Elm Street, 30th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor Address: 667 N. Carroll Avenue Southlake, Texas 76092 -12- /6 -/41 City of Southlake, Texas - M E M O R A N D U M September 14, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water and Sewer Rate Study ------------------------------------------------------------- Attached is the final Water and Sewer Rate Study as prepared by Freese & Nichols Consulting Engineers in association with Lewis McClain. The study recommends that the existing water rate fees be increased by 13.75% and the sewer rate fee to be set at $25 per month per tap. The Council, at its last meeting, approved the rate increase and therefore, it is being presented for the second reading. Also included in the Ordinance is a 10% late charge on unpaid balances over 20 days after the billing date. The purpose of this charge is to cover the excess billing, accounting, collection and other administrative costs. Please contact me if you have any questions. LIA MHB/lc 1 7- //i 7 V 1 L L LI 1 i'1 U • D rl I" L. I I I — • _ a i _ _ _ - _ i _ _ C 1- 1 -+ _1 . _ — , � 1 i . V 1 1 I .-I— ORDINANCE NO. 520 ,AN ORDINANCE OF THE CITY OF SOUTHLAK$, Tz AS, REVISING THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; ESTABLISHING A LATE CHARGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCESI A PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DING wnExE City of Southlake, Texas is a ome rule c ty acting under its charter adopted by the electorate pursuan to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted rates for water service and sanitary sewer service within and outside the city limits of Southlake; and WHEREAS, the cost of providing such services in the City of Southlake has increased since the adoption of these rates. NOW, THEREFOR]!, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, 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: RES DENTIA AUBSC�: 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 3.14 thereof in excess of 2,000 gallons used up to 100,000 gallons Usage in excess of 100,000 gallons 3.92 slake\ord.29(91490) .I. / B. Elderly/Hardship Rate: 1st 21000 gallons used 11.38 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons 2.73 used up to 100,000 gallons 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: 1st 2,000 gallons used 34.01 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons 3.14 used up to 100,000 gallons Usage in excess of 100,000 gallons 3.92 CDMMERCIAL ; I. Standard Rate for all Commercial Subscribers: A. Minimum Rate regardless of usage based upon meter size. 1" 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,Q5 4" for 1st 121000 gallons used 162.87 6" for 1st 15400 � 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 1,000 gallons, or any portion thereof, used. SECTION 2 That a monthly flat rate of $25 for sanitary Sewer Services is established and shall be collected for each sewer customer. (,lake\ord.29(91490) .2- ?—A SECTION 3 A ten percent (io%) late charge will be applied to all accounts that remain unpaid twenty (20) days after the billing date. The purpose of this charge is to cover the excess billing, accounting, collection and other administrative costs of the City which result from the failure of customers to make timely payments. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 495 is hereby repealed effective October 1, 1990. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. LV slake\ord.29(91490) .3- / 2- 3 I 1 L. L L) 114 U s LJ 111t l'. iL 1 I I L L 7 SECTION 6 This ordinance shall be in full force and effect on October 1, 1990, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS i_ DAY OF 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: October 1, 1990 s t akewd.29014") .4 _ n c,( ORDINANCE NO. 521 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 SOU , 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: Department of General Government, to be headed by the City Manager; Department of Public Safety, to be headed by the Director of Public Safety; Department of Public Works, to be headed by the Director of Public 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. �w ASS D ND APPROVED ON FIRST READING ON THIS DAY OF 1990. Ir 16. .A �)� : �xg AT ST: Q4P T=Y SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. C:� YOR ATTEST: CITY SECRETARY Ordinance No. 521 Administrative Departments Page two 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 September 5, 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 of the C-1 zoning request (3-2). The majority felt that the tract was too large for 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 (3-2) of the C-1 request. 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. City of Southlake, Texas Curtis E. Hawk, City Manager September 5, 1990 Page Two This item will require a 4/5's vote of the City Council to overturn the P&Z's recommendation. - On September 4, 1990, the City Council approved (5-0) the applicant's request to table until September 18, 1990. MY - KPG 17-z CITY OF SCU rHLAKE APPLICATION FOR AMENDMENT TO ZONING NAP Application No. ZA Id' 1 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: ADDRESS: Trustees, E-Systems, Inc. Pool Trust P. 0. Box 660248 Dallas TX 75266-0248 DESCRIPTION (METES AND BOUNDS) OF PROPERTY REQUESTED TO BE REZONED: See attached field notes (EXHIBIT "A") ZONLNG REQUEST: FR011: "AG" TO; 18C-1" :his application :Host be accompanied by a list of the narr_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 E-SYSTEMS, INC. POOL TRUST April 6, 1990 B amen 6ro:wfleZ rus - DATE - I ATURE OF PERSON FILING 1lU BE RT OF THE PROPEY 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 81venSundersmyl iandPand sea tof office this 6th day of APRIL 19 90 EVALLIAM 8. STRANGE III NOWV W STATE Of TENAS ,NOTARY PUBLI IN AND FO S My W6. Atp ti. "01 Nay Commission expires the day of 19 !!'3 EXHIBIT "A" wing 5.732 Acres of land, more or less, in the H. Granbury urvey, 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 also being the West boundary line of said Highway No. 114 Tract to 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 (,e centerline of aforesaid Continental Boulevard; THENCE 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. r — —1 Arts,rALK tLOr LAKE a fAr ii i GRAPEVI` TROPHY CLUB �.� 'f MOLE ■ W 1 :2.5,I it us JONES A0. 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O O _ « p Q a N � -a t C r` LL- m O F'- ¢ N 0 E o0O V) 4) 7 O 7 . � J d I U •S- I m Q - Q U 9 a cr ewe m m a i =3°. r. � � V tp �ZJ - J p h z=% F► to O a :J • Y gig W V X d x Q J O v N 3 to 2 " h O X Z �O F- W 40 X y Q W N Ic N Q _ Wda J RI Z z I� �73- e N � o � ,9V, 03NOZ ao eoe �^ 3 71708 s oo ..e .os � Q '3d by0 �1jyM W 2 N U O • W e 2 p a _ co ♦A a N LLJ _ - 2 - W - - O N W O - ,w sn m,e..ae• W 2 } J a eOV. 03NOZ O ~ 0 i i o / 9— T Y 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 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 (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 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- / 9,41) Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon (W 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- l 9_ 11 City of Southlake, Texas - M E M O R A N D U M September 5, 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). C ITY OF SCLTfU.An APPLICATION FOR AM2MNM liT TO ZONPiG MAP Application No. ZA TO - J` - 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 mist accompany this application. NAME OF APPLICANT: JX,Q,r/ sAro b-1/ DESCRIPTION (lIE.TES AND BOUNDS) OF PROPERTY REQUESTED TO BE REZOUM: _576 € 131Tr c€ ZONLNG REQUEST: FROM: /9 G 9 ( TO: U This application must 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. 7% 3 - % DATE SIGNATURE OF PMRSaN FILLNG I= BE OWNE9 OF THE PROPERTY Before me, a votary Public, on this day personally appeared 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 consideration therein expressed. Given under my hand and seal of office this _' day of .QUA , 11 sty uammission expires tine 20- Z day of /VL- �/ 19-. 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. 20 -3 TROPHY CLUB WESTLAKE DENTON COUNTY TARR OlINTY 1�m—vw mm DISTRICT BO i SA LAKE ` Kim a GRAPEVINE « 93 ail+ 4 101 JONES I0. N1 —im ' ! 3 t. 1 1 ►ossu/ settOw Z COItt w 11EC[ M ' a e - : NcaNa LN I .. S MaxEI Lc•OS ..Iturom to 4. 1 W ; LASS oI J r TIAU/IOUT'1 to t1Ytw ` •CWK TRAP. LAIE THOUSAND OAKS 2 — aM SOUTw tAKEa_ e I � Pw r!iA- = m SWTNEAKE �NAIIOI I I ? rK E = „ . /. LAKESIDE � ,N000OR OI - t Ot' MY 11 A' V s s %Alan tNliEE - 3 ,` t GMFs M i� NAAoai vI R HEAL Ci t •--A KUE TEAL CT 3 SWIRARE rIL/ :3 G - I/UAINT . W I U A INLLTIF M -� s. u \ - I IA f IINA�IE n `,��'E' � � � MIAT%Q p N NIT "i I _•_ e i- M -3OENI CT ITAno . aST a M. ? p 4$�104 IOYEfT.E!I e �j EMEIIALOG" WIN e - OOYEST_M •- { CARROLL -� --- - $ - ,V to: ! { NIGH SCHOOL .; 1 ;-7 L- — �IINITA CT ( s s �;•� w ' al rAIMAOSE U_ p,- �t'1• r, s �, aim ?_ i oAIIAAE. t .. /` u J' CIE G -� >: -'~•{ OIIRIA LS RANIAiNIN ON•� a PO\}�!' a� i VING _ ! ' t •�rT� ` e ; I a `�,CT ,• i CAP Er-, i.3 & ti �! -tilAAr t TOMQEIIEEOC_ -- I= ,� C.CYPIESt f+�Ut oI { WAIt�rElUM�tI - 7 IIOUNOUr TI CREEK A LINGKOAN to fs ibli€si Li t - �• ALICE f J oea JACK D. JONN30 e" f 1 TNOMASCT CT „.2 NNIOEN e• i ELEMENTARY +,� : T ►ANNANOLE CT • +e: N ;, ? , xlcwN/ sT, Ml -_ NIib"XI ST. E ��: I« / IDS W TOw C��.'.; ow GLE — : -- -- — i•-. FAWKES Alt GSWOOO.- ' ` N.".. I•ESTFAAR LOOT $ KIN o0O1,T1p+• i; I Fs� #Vjs ft4br LONE CIE J ' TIMIEt0 W o w�► 41 '� eflOCt I ! s, ._PL_ ILOIENCE_,._ No GLEN GLEN = NK�, µAMI an LAKENI I//EIIAAI TA �_ NILLSISF COVE.'.. LOVE MERIT CT �..•� . a F� Cf a LODGE ISAisna'�=�• � � 1{pj�c s/iA ,i •�` A •I `�,y IIAroM KYO •� DICE►ARKNIAL� fl+.� - 11Y0 .ANNSON NO i : �l SOUTRAIE KNO_ NI 1 ' � •�EL A t-"--- y K, * in, Im et€t; GOOOE A SPORT plot 1rwCT. I CT LAAC w Z AA � • RROLL MIDDLE SCHOOL e ` - C1TT HALL ILA q 1 SOUTHLAKE ILVL E IROLLa i . CONTINENTAL ILm or .+ IT+ Tom'"'e. s At a ST ENTART .�►s►o w�..�L 04 ex ,�kp " A_ _ I �•, 20-4 COLLEYVILLE { a'•o 3uz _.DLO MN.L SUN •• Y p , Ea�EY A98 A 5 550 AC 7 TR 6A TA 4.257 AC TR 6G 1.818 AC 2 T 4A7A TR 4A78 TR 4A7 ' 8.51 Q ISt. Martins in the Field P.O.Box 66, Keller 76248 TR 6 3.66 AC ( / 4A16 2.00 A TR 68 .992 AC TR 6B2 W 1.27 AC a � TR TR 6BSA1 TR 6818 x I R.B.Snow 6F1 494 S-►1ge so' .36 .863 AC .80 AC AC 1.0 AC AG 1s >1 cn 6OP 0� �C � OAR � w S UB S TR 6E 1 3 AC AG OF Harold Pipes Rt. 1, Box 48 Keller, TX. 76248 AG TR 4A 42.99 AC C I T Y O F KELLER i TR 4A TR 4E TR Q 1.52 AC 1.1040 •995@ TR 4B 2.41 AC 11,4 TR 4 -k 101.501 AC TR 38 1 AC r_ 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 EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO imn 0-1 eomismitiNL BusiviE6$ 5 eZv►CE ft IN ACCORDANCE WITH THE PICK D15 PlCT 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 4W 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- 4ve- 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 2.0 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 4W 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 vabl.ue 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 �w 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 C2o-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. MAYOR 4W ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY SECRETARY -4- -2O- / 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 EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO B-2 COMMERCIAL MANUFACTURING 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 producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the (W 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- e26-- 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 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- C2 0 - O 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- .020_ / City of Southlake, Texas - M E M O R A N D U M September 5, 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. On September 4, 1990, the City Council approved (4-1) the I-2 request during the First Reading of Ordinance No. 480-28. The Council requested the Fire Marshall's comments on the access to the North, fire lines to the West, and the need for additional fire hydrants. Attached please find a memo from Lt. Roger Stewart addressing the Council's concerns about fire access and adequate water availability. W_ KPG j1-I City of Southlake, Texas Curtis E. Hawk, City Manager August 24, 1990 f" Page Two On August 23, 1990, the Planning and Zoning Commission recommended approval (4-1) of a B-1 request. They felt that the B-1 request was more compatible with the master planned residential use in this area. On September 4, 1990, the City Council approved (5-0) a B-1 request during the First Reading of Ordinance No. 480-27. /U 00e1 21-Z City of Southlake, Texas i i TO: KAREN GANDY PLANNING & ZONING ADMINISTRATOR FROM: LT. ROGER STEWART R� FIRE PREVENTION OFFICER SUBJECT: INSPECTION AT EXPLORER PIPELINE COMPLEX ON 09/12/90 I (LT. STEWART) MADE AND INSPECTION OF THE EXPLORER PIPELINE COMPLEX LOCATED ON HWY. 26 IN SOUTHLAKE TEXAS. DURING THE INSPECTION I WAS LOOKING AT THE ACCESSIBILITY, WATER SUPPLY, TANK IDENTIFICATION, FIRE LANES, GATE LOCKING DEVICES, AND POSSIBLE EXPOSURES. THE FOLLOWING IS WHAT WAS FOUND, AND WHAT I SPOKE WITH THE MANAGEMENT OF EXPLORER PIPELINE ABOUT: 1. ACCESSIBILITY - WE HAVE ACCESSIBILITY FROM BOTH THE SOUTH & NORTH ENDS OF THE COMPLEX. THIS SHOULD BE ADEQUATE IF NO FURTHER EXPANSION IS DONE. 2. WATER SUPPLY - THE WATER SUPPLY FOR FIRE FIGHTING PURPOSES IN THIS COMPLEX IS NOT ADEQUATE. THE LINE THAT THE FIRE HYDRAN S ARE LOCATED ON IS TO SMALL AND IS DEAD ENDED. A LOOPED SYSTEM AND LARGER MAINS WOULD HAVE TO BE INSTALLED TO TAKE CARE OF THE PROBLEM. 3. TANK - THE TWO LARGE STORAGE TANKS LOCATED AT IDENTIFICATION THE NORTH END OF THE COMPLEX, DID NOT - HAVE ANY TYPE OF IDENTIFING LABELS OR PLACARDS ON THEM. THESE SHALL BE LABELED AND PLACARDED RIGHT AWAY. 4. FIRE LANES - THE FIRE LANES ON THE COMPLEX ARE ADEQUATE, UNTIL FURTHER EXPANSION IS DONE. 5. GATE - THE GATES ON THE COMPLEX WERE LOCKED LOCKING WITH CASE HARDENED PAD LOCKS. THE DEVICES ADDITION OF CHAINS SHALL BE ADDED TO THE GATES, SO FIRE CREWS CAN CUT THROUGH THE CHAINS AND NOT THE PAD LOCKS. 6. EXPOSURES - NO CLOSE EXPOSURES NOTED, ALL VEGETATION HAS BEEN CLEARED TO SAFE DISTANCES. 21-3 CITY OF SOMBLAKE APPLICATION FOR AMENIDMM TO ZONING NAP Application No. zA 40 -3 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. MME OF APPLICANT: ADDRESS: Explorer Pipeline Company Explorer Pipeline Company 3050 West Highway 26 Southlake, TX 76051 DESCRIPTION (11EI'ES ACID BOLMS) OF PROPERTY RDQUF,= TO BE REZONED: See Exhibit "A" for description See Exhibit "B" for drawing reference ZCXvLNG REQUEST: FROM: Industrial 1 TO: Industrial 2 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. I ' I SM 7- 020 - 90 41%,R0, -DATE MING -MUST OWNEa OF TM pRopERIJ Approved as ft Curtis L Craig Before me, a Notary Public, on this day personally appeared A �� known to me to be the person whose name is subscribed to the forego' g 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 �� da.y of ell. 19 Asa► �Y'� „yam;:'"�•� htctary ?uNic Oklahoma w•'' ; OFFICIAL SEAL :. _.. ;. J0"rE E. STEM +; �%� • :f TULSA COUNTY Comm. Exp. 10 3t-92 N _Q0 PUBLIC IN AND FOR TEVEASOK � HomA My Carmission expires the c�, day of 04, zi-�f 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 10131 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. 2 (-5 TROPHY CLUB WEST"KE OE TONRAN COUNry JWT TARRY p!/NTY -- I��s•�es�ea ■ DISTRICT SOW1 L � 'LER I ` � IWESTFAAK LOW L LAKE ius, 110"ODE " = GRAPEVINE 1 MN JONES Na I Possum NOLIOW EIEOOMLN � � aNSE 3' NEa M s• _. _ x S OEANfl A SWAN I JS s T S CNANE .` .S: j �T ^ ASf01NOlN �: = 1ASS M - '•+� D . •P IN 1MTN CNOE'flE TOA0. 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TF1 187C • 4 AC $As 1.996 0 .43 4L Tq 1B7 ss" AC TR 4 .38 M 2.41 AC B ,v Lr the use nof n E �� FM jY ^mm�^ nn rr�nsihility 40o EXHIBIT "B" S 8W45' E — 1019.34' CONTAINING: 16.45 ACRES N945'W-959.35' AT FXIFLi�RFT FI'F'E11nE ��GfiTiIiPA(lY CANTON6846 SOUTH N C . m CY ! t O Z W O r- O N 1 W M N b cn N 8737' E 331.0' 3 POINT OF 9ECUININC 31W IRO04 N P1N �', M / S N. 090" 31APRT A-436 C. 0. IN DONALD $00119T A—NN3 COMPANY ... 3f01A1AR..CRRT) bDMTYKIRAL OIL COMPANY �, T„- . v � t i PLUT N sT MA TANK ARIEA • W= 3Xn M ' ff 61-oww ra stwn ua�w� 1 / I i f � ► R 3RAR 3U11RT A—Nf3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-28 46V N 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 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. WHERE e 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 a/- /D 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 t_he 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- C:;2 /r// 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 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 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 sha11 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- al—/cP r 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 (W 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 11 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: -4- a1- /3 City of Southlake, Texas - M E M O R A N D U M September 7, 1990 TO: Curtis E. Hawk, City -Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-41 Site Plan for Texas National Bank ZA 90-41 is a request for site plan approval of Texas National Bank, 1.88-acres out of the Thomas Easter Survey, Abstract No. 474 being legally described as Block A, Lot 5, Southlake Bank Place. The property is located at the East Southlake Blvd. and Highway No. 114 frontage -road. The owner of the property is Texas National Bank. The zoning is Commercial-3. They propose building a one-story, 9,528 sq. ft. office building. There were three (3) letters sent to property owners within 200 feet. To date, no responses have been received. On September 6, 1990, the Planning and Zoning Commission recommended approval of the Site Plan (5-0) subject to compliance to the Engineer's review letter dated August 31, 1990, omitting item #1 and the second sentence of item #5. KPG zz.- 1 CITY OF SOUTHLAKE SITE PLAN APPLICATION ITLE OF SITE PLAN: C3 - DEVELOPMENT SITE PLAN SUBDIVISION SITE PLAN IS IN: ZA. ?0, ; APPLICANT SOUTHLAKE BANK PLACE NAME: RADY AND ASSOCIATES, INC. ADDRESS: 910 COLLIER STREET _ FORT WORTH, TX 76102 2/06/90 LOT: 5 BLOCK: A OWNER (if different) TEXAS NATIONAL BANK P. 0. BOX 92840, SOUTHLAKE BLVD. « HWY. 114 SOUTHLAKE, TX 76092 PfCNE: 817/335-6511 817/488-5544 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 applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: ,-DPhillip D. Dye, AIA Date: 08-13-90 For City Use Only: I hereby acknowledge receipt of the site plan application and the application fee in the amount of $ 150.00 on this the 13th day of August 19 90. Lqned: 1 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" = 20', 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 loc lti-family only) Any necessary drainage Z 2- Z details 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 dumpsters shown, label screening enclosure Building elevations provided, note on plan whether or not the facade meets the masonry ordinance requirements ZZ-3 IT A■■ LW TROPHY CLUB .M ■ 1 raw NLL/r -�''- SEWN to i��H" •.r� '' O MAMA- �� A nu IWM Asp' .EJ zi ON COUNTY � TVA LAM ITARRANT COUNTY CIL L ' i,. 4► ; I ,�i3 r' 1 DISTRICT BOUND — q Y 1 1 c'w-?•I¢T 9 InO i» .tt flOLANA' N A:,, ._ ~ Tq `�n �'� �"•�1; 'fWK N '7 N E z s. - ti• ~ L1C ' i y��f �� \ 2 OEIa■r M W as -J> Ip r 1 ''IFL •'i ce__ .` f• �;' Nr -yi. IIA MATW Nr t WA y A. TAnN f2 r 1� ,jam ` .1 r� 1 •t>'.. t tW TRA C: i IIM t.• CANNNu , tx •J NINN ScNNNI - G �y •• 3 ' CY # 1 > e rrr■Ilt u .. , ^ � . - - •:'; . its i 1 TA CAI - . j "r • 0.f[rt ■ l T■ 1 cArNc110101U.— • f ; �?. r � 'art A lNar■ n 1 - _ o p AONNNN ■ sC j tM■A I■0.E[T J MMAN IT 1 EIENTAN/ 1 NS WTM C UK con J CASNOLL �i yKr NICOLE of _ _p 4 tlAcr 'M.NIN SCHOOL 4 �• d� N 0.f N Atl, tun M — I MI AM n cot LOPE MM1 Ci 4i - CITY 11A ' MlN - - L006E d J NALL .. _ . a n ■ I11/EIWE - i 2 tlrltli � N ' NICErANNN1Al 3 >� - ITti IM10./ 0.N. WT0.1M 0.rLf ��n WE MAI oaoor rIM V. t j �•`� _ ] ? L _ `ilNrorr 1 r Mrl/r e 1 �/ • ScJtlT�Etl • L eNTHE■TAL 0.r1. r 3 F.... Il0■. E � •• I CAN" T •mi COLLEYVILLE tl I r f 3 E%`S1YA t•S�AVA58 R 1'J w 6 j 1 11 Ar CHEATHAM AND ASSOCIATES August 31, 1990 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: ZA 90-41: First review of the Site Plan for Texas National Bank Dear Karen: Our staff has reviewed the above mentioned site plan received by our office on August 15, 1990 and we offer the following comments: -1. Our interpretation of buffer yard Tables 1 and 2 is that "undeveloped" property means "vacant" property rather than "unplatted" property. Since property adjacent to this tract is "undeveloped", Table 2 applies and a buffer yard of level 'D' is required on the three sides adjacent to 'C-3' zoning. 2. Label type of screening wall for the mechanical yard and trash dumpster. 3. _Label the type, height and size of all signs. 4. There is approximately 2' of fill on the adjacent property to the southwest. We suggest the city require a letter of permission from the adjacent lot owner allowing this fill. 5. Please provide an on -site drainage analysis of the accumulated run-off entering Southlake Boulevard. We would like some documentation from the Highway Department allowing this accumulated run-off and/or showing their intentions for collecting this run-off when F.M. 1709 is improved. * The Fire Chief should confirm the adequacy of the fire lane and location of the fire hydrant. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of South— DI-zning and Design, Inc. 1170 Corporate Drive West • � z, G • Arlington, Texas 76006 817/633-102: 540-4329 Ms. Karen Gandy City of Southlake August 31, 1990 Page 2 * A culvert and driveway permit will be required prior to installation of culverts and drives (State Highway Department approval). * The applicant should be aware that any revisions made prior to City Council must be received at the City by September 10, 1990. If you have any questions, please call our office. Respectfully, Foe Eddie Cheatham,P.E. \za904l.spl * Denotes informational comment cc: Rady & Associates In wi v CHEATHAM AND ASSOCIATES September 13, 1990 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: ZA 90-41: Second review of the Site Plan for Texas National Bank Dear Karen: Our staff has reviewed the above mentioned site plan received by our office on September 10, 1990 and we offer the following comments: 1. There is approximately 2' of fill on the adjacent property to the southwest. We suggest the city require a letter of permission from the adjacent lot owner allowing this fill. * The Fire Chief should confirm the adequacy of the fire lane and location of the fire hydrant. * A culvert and driveway permit will -be required prior to installation of culverts and drives (State Highway Department approval). If you have any questions, please call our office. Respectfully, Eddie Cheatham,P.E. \za904l.sp2 * Denotes informational comment cc: Rady & Associates ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West � F - Arlington, Texas 76006 817/633-10: 1 Z - l0 1640-4329 CHEATHAM AND ASSOCIATES September 12, 1990 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: ZA 90-41: Bufferyard Requirements for Texas National Bank Dear Karen: As you are aware, there seems to be a discrepancy in the zoning ordinance regarding bufferyards. In the case of Texas National Bank, we do not feel that bufferyards are required for the following reason. Since the adjacent property is zoned and platted, and there are streets and utilities in the project, the property should be considered developed. If the adjacent property is developed, there is no requirement for bufferyards since the subject property and all adjacent property are all zoned C-3. There are no structures upon the adjacent property, therefore in our first review of the project we considered it vacant. For vacant adjacent land, the ordinance refers you to Table 2 for bufferyards, whereas for developed adjacent land, it refers to Table 1. The Council may wish to clarify this issue, but it is our conclusion that for this situation, no bufferyards should bg required. If you have any questions, please call our office. Respectfully, t A -A- I • Eddie Cheatham,P.E. \za904l.bfr CC: Rady & Associates ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • — Arlington, Texas 76006 817/633-1022 'Z z' %� ;40-4329 I 04 �.�. d4l', I!i!�i;liii�iit�iu�;�w!i�ii;�! ,•� ■■I if I1 . r (. ,• 1 !•y u..1L�tuykllVMIV• OVO W WWC�r WW WiWm J 1 41 Al • fill i / � I • I , �/ � !� , � 1 /i � r 1 i i1 �ll f .f • = � 1 f- l i lilli.i lug g Bldg d; � � � � , • , Aw i N a City of Southlake, Texas - M E M O R A N D U M September 7, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-42 Final Plat Revision of Cedar Oaks Estates ------------------------------------------------------------- ZA 90-42 is the Final Plat Revision of Lots 4, 5, and 6, Block 1, Cedar Oaks Estates, being 11.815 acres out of the John Childress Survey, Abstract No.253. The property is located East of Morgan Road and South of Oak Hills Mobile Estates. The owners of the property are R.D. "Skip" Turns, Jr. and Thomas Benner. - The property is zoned SF-lA. The replat proposes one (1) five acre lot and six (6) one -acre lots. No additional notices were required to be sent. During the preliminary replat, a protest petition was presented to the City. It is still valid and therefore would require at least a three -fourths vote of all members of the planning and zoning commission or govern ni g body, or both, for approval. On September 6, 1990, the Planning and Zoning Commission recommended approval of the Final Plat Revision (6-0) subject to the Engineer's letter dated August 30,- 1990. 04- KPG 23-I FINAL PLAT APPLICATIGN TITLE OF PLAT: Replat Lots 4R1-4R7 Block 1 Cedar Oaks Estates SUBMITTAL DEADLINE: 8113190 TOTAL LOTS: 7 TOTAL ACRES: 11.815 9d �� APPLICANT OWNER (if different) NAME: R.D. Turns Jr. ADDRESS: 2406 Forest Meadow Lewisville, Texas 75067 PAGE: 214-315-5186 Thomas H. Benner and Lynnaia Benner I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and 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 applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: ..� �0 Date: 8113190 For City Use Only: I hereby acknowledge receipt of the preliminary plat application and the application fee in the amount of $ 1 o 70 _ on this the day of � , 19 V. Signed:,;rJ +iCv Title: A ,r 6u»1.r.•u:Ltt-� T e following checklist is a partial summary of platting requirements required by the of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. _X Acceptable scale: 1" = 50', 1" = 100' x North arrow, graphic & written scale in close proximity x - Vicinity Map x Appropriate title, i.e. "A Final Plat of... x Title includes City, County, State and survey name and abstract x Title includes total gross acreage and date of preparation x Name & address of record owner & subdivider (if different) x Name, address and phone -of Surveyor x Standard approval block provided x Proper format for owner's dedication and notary (Appendix) x Proper surveying certification statement (Appendix) x Courthouse filing record note provided ADJACENT PROPERTY (within 2001) x Unplatted property: Name of record owner with vol. & page deed record x Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. x Locate City Limit or E.T.J. ernes All survey lines shown and labeled Existing zoning label on this tract and adjacent property Existing easements adjacent to this property (Type & Size) X Previously approved concept plans or preliminary plats _X_ Adjacent street inters -.4 shown with street names 13-.� Final Plat Pg. 2 of 3 Shown Not GENERAL SITE INFORMATION C Plan Applic. . 2/07/c „r _ Legal description of the land to include: Owners deed reference, Name of survey, abstract, county, state, POB tied to survey corner, previously filed subdivision corner or USGS monument, total acreage. X Property corners labeled as to pins/rods, found or set with sizes shown X Point of Beginning labeled on plat X _ Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description X Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private street/drives, railroads, etc. X All property corners dimensioned to centerline of adjacent streets X All existing easements shown (Type & Size) X Existing structures shown (Note whether to remain or not) (Replats Only) PROPOSED INFORMATION X Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. albng the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line x 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 Street alignment in accordance with ordinance requirements Curvilinear street requirements met (No. 483-5.03A) x Street R.O.W. dimensioned and centerline dimensioned with bearings -All curve data labeled (delta, radius, length, tangent) x Sufficient street stubs into adjacent property (No. 483-5.03-K-1) Street -names provided not similar to any existing street names X R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned Lots and blocks labeled with numbers in consecutive order Square feet of each lot shown (Chart format O.K.) Drainage and utility easements labeled and dimensioned 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, flood plains, open spaces, etc., showing acreage and general perimeter dimensions (No. 483-Article VII) X Parcels reserved for private use shown as described above Calculated dimensions for all lots, street R.O.W. and centerline, easements, etc. x Flood plain limit shown. Floodway shown and labeled with dimensional ties x Avigation easement shown if applicable (Appendix) x Minimum finish floor elevations (No. 483-3.03-D-30) Note also provided (Appendix) X Deed Restriction Statement (No. 483-3.05-C)(Amended Plat Only) K Flowage easement note (Appendix 5) -X Sight triangle note (No. 483-8.02) x Driveway access limitation note (No. 483-5.01-H) Any easements to be abandoned (No. 483-3.07-C) X Minimum lot width of 125' on certain lots (No. 483-8.01-F) x 30,000 sq. ft. min. lot area on certain lots (No. 483-8.01-F-3) z 3 -3 Final Plat Pg. 3 of 3 Not Included Included OTHER REQUIRED SUBMITTALS 2/07/90 Complete and corrected water and sewer layout Complete and corrected Preliminary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.03-D-35) and No. 482 x Perc tests for each lot not served by City sewer Certificate of taxes paid from City Tax Collector Certificate of taxes paid from County Tax Collector Certificate of taxed paid from School Tax Collector Any proposed or existing deed covenants/restrictions X Any proposed Homeowners Agreements and/or documents _X Developers Agreement (Prior to Construction) 1 1,1301Au ur. TROPHY CLUB WESTLAKE ' DENTIN COUNTY TARR0 COUNTY 1 ors ra/C r eot �`�+r«t. ` LAKE _ GRAPEVIN' tOt JM[2 m � � • � I 1 I "am Mutt t of"=tx f 3111111111 s� =jw s 'UM am M I' SCWE =��t ROEptt Lt �`• BASS N e fuel a ` ` to twit • •CUT" utt a �• TrODUX0 OARS 1 e �• SOUTILAII O I C ��.��..�� :• .. t A SDUTRLARE :%"as gels of ! t e 3 US LAIM30 N r,E I so \ to I NELM M E CUSM, M i `/� ItrEfLL TCi a IER ` • I ttfMN ,Yt S Itttfor It C - I IIIarET i t! �z 21 '- it.nM:r MIECtN • � Ip ': in IQ 10rE ST- ■ ! 11rE ST- E•-l-- CAAIIOLL 9< lMEtAl1 Cr11 _i M1tf - 1 f — : � MI6M iCM00l: 8 ■OC[Ilf�ltt U s CRFEt, ��: ie�E4f li e e w EIKN 1t is CL Ew .3 !ICiR11tt ST. t - 1 ' e�DA11�4 y e: �, tOrE CRfEf 1 s: �I► V I4p- t is: s CRFEt, ��: ie�E4f li e e w EIKN 1t is CL Ew .3 !ICiR11tt ST. t - 1 ' e�DA11�4 y e: �, tOrE CRfEf 1 s: �I► V I4p- t is: Aa1 To 1 _( L I atct ICU"LI in1 f i -_ _ ..tean to 1 rNot r I uilj -nm--mwn -�. EMI �LIfEtEMTCf ",W�r b w L006Eyv�� tICENTENNt• ` �1~E w PARK I}, SIUTILAIt art. of Flat i 14 CT- E aa LAMj _F TC =will } �� -'ram ...i. -. .-COaftIEaTAIRrt.r1 44 �= s I CA1 E IN w[EO t i1�lEAlt S tlUrrpFit ] I to to JACK 0ELE. JOHN30� X z . 1 tAilots T I RT �- t104Ah STIf AE RT IN�': � T ►LWOLE Ci T do CAITOR c�t CAAl10ll MIDDLE WILDI'M1 L SCHOOL r� LAAf=Ot= WtTy a � Y s HALL — ANT I _ COLLEYVILLE �JONI ,KJA M LAX! BLTr- E I ] • ] a ] gU Z003 TR L TR ,c A 3.298 ! I 6.714 ! E STATES I LAMP 23A�`' TR i TR 1 S • 1s AC i i c I I F Iz w au. +A+A fA I it +i w TR • +ct 11t+ar .+. ... +e+Y +t., it! Conatser I _ CAKLANE NORM Tt I _ TA is, — i��i'a N ! 30 11 T�, `yam— t� 'TR Tt *R ,t — — _Tif TR PEA A nl:ra: placc =ARW t41v ?M•I , �x :. :�. 1.1v 1 1/V1Y SF-1 K C w s • Tt]A1 TR J. M L I£�i Is s.s7 AC F a.» m JA1Aa J.'y .2 +Czvwe --- — AG 7 1 a 1/1 e�l0U K T11. TII. TR TII. TII. TR. TR / 7R Um y►,r �► ws aAu aA10 y► a., ,/, 1/16 Ibr ,1/u ,s' ',sir Tn // ® 7 � • s C'EO AEE' Jh� .1lN M 5 •si Via`•.. — %— Ronnal London .R.Tomp _ FA7G Rex Moore s 3;=SF-1a . AG ! . D. SF-1 SF-1 • SF-1 7A Kenneth Saunier i 1A 1• SF 1 =1 K.Wie I 7 ' SLEEPY HOLLOW 1 I � S B. E. Smith E. Johnso A 1 MA CE SF- SF-1 6se5 SF=1 1 - SF-1 ,sA SF ssA 14A C.F. A I " SF-1 D.McAlist L.G.For 10 • SF-1 Q = SF-1 .W.De J.F.Holb k o SF-1 .Dunbar tter 1N 1N 0 1s• ,v �} 1s ! G. Pennington � SF 1 B.D.Wood R.L.Corn 11 SF-1 ° g, 1 • o H.A.JoneslI J.C.Kell T.Jacobs G•R•Stewart SF-1 g 17A2 Johnson 1m i SF-1 nson SF-1 , - Yr- P.B.Moore, f70 1• 13 Stewart do Murphree, Inc. . A. Salomon 12-61 17A, SF-1 SF-1 SF-1 ,2A SF-1 ,.11 4 TR.3 N •J 82 •1 •0 845 AC ,aM 7! 7• 77 ACM1% -3 TR� � - 7 FIEST LAME CN10SESS 1C. WU $ >. j' SUS +• 70 71 72 „ 74 63 7! To on illk -s Iql 41 0 its , ti113 iilk Nth ;#�_;-'•'jiff I 3. , )a9 , Tiff :i s st tl (r • f 1 t---------------- .a of r1 4' / 2: A � I � -r CHEATHAM AND ASSOCIATES August 30, 1990 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: ZA 90-42: First review of the Plat Revision, Lots 4R1-4R7, Block 1, Cedar Oaks Estates Dear Karen: Our staff has reviewed the above mentioned Plat received by our office on August 15, 1990 and we offer the following comments: 1. In the title area, replace "Replat of" with "Plat Revision". 2. In the first paragraph of the dedication, add references to the warranty deeds of the current owners. 3. In the owner's dedication paragraph, remove "Replat of" from the plat designation and correct the errors in "Estates". 4. Label the survey line along -the north property line. 5. If drainage swales are not intended in the proposed easements, we recommend removing the word drainage from these easements. 6. The graphic depiction -of the sight triangle is incorrect. We would recommend not showing a graphic. 7. Perc tests are required for each lot prior to issuance of a building permit. * We recommend this plat not be filed until the construction plans have been substantially approved. * The Developer's Agreement for this addition should consider perimeter street and drainage and open space requirements. ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West - S Arlington, Texas 76006 817/633-1023 �3 " i0-4329 Ms. Karen Gandy City of Southlake August 30, 1990 Page 2 * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be received at the City by September 10, 1990. If you have any questions, please call our office. Respectfully, 104V A�'Flvk Eddie Cheatham,P.E. \za9042.prl * Denotes informational comment cc: Washington & Associates 23-9 Kenneth and Maudine Saunier 1800 Sleepy Holiov, Sonthlake, Texas 76092 Telephone 817:481-3966 AUGUST 30, 1990 To: C1ry of So-i- aiaLe, Plan,_:r�g a iu 7C-4^? C ouu-.II5sion From: Kenneth and Maudine Sa�.:;ier, rma s ;.f lot 7, Cedar Oaks Estates, Southlake, Texas Re: Case No. ZA 90 - 19 Rep,lat of Block1, Los 4, 5, & 6, Cedar Oaks Erstates owned by R. D. "Skip" Turns & Thomas Benner On May 2, 1990, we wrote you a le-:er s*, acing our views on the above proposed development next to our lot and then spoke to you at the Planning and Zoning meeting where the above matter was discussed. I very much regret being out of town when the above proposed development was again considered and the preliminary plat apparently approved. This letteris being sent to you in order fcr you to understAnd our very strong opposition to aspects of the aboved evelopment. 1. WE STILL FEEL. T:LET THE PROPOSED USE OF THE LAND IS NOT COMPATIBLE WITH THE ORIGINAL IINTEI t AND PRESENT CHARACTER OF THE SUBDIVISION AND TIiAT THIS IS A PRIMARY REASON FOR I TOT Au PROVING THE PLAT AS IT IS PRESENTED. . ltho11912 the exis-dL.- coveua=z a::d r e.-stric:iv::s r=e that only one dwelling may be erected orpiaceu on any one lot, a number of lots were subdivided in the early days of the development, BUT NO NEW RC_ iDS WERE BUILT. lvly ecords indicate that .,he last r-plat was lot 12 in 1983, over sevea years ago. Fortunately these earl? replats did not change the original character of tl3e development. We are not elojectirg to Lots 4, 5, & 6 being developed but do object to the change in character (Too many homes for t1e sVice, curb and gutter and the road in the wrong place. Los 4, 5, 6 and Lot 11 ARE THE ONZY LO t S in the subdivision that do not have a dwelling. THE OTHER PRINCIPAL QUESTIONS ARE THE WIDTH OF SLEEPY HOLLOW ROAD, DRAINAGE AND SEPTIC SYSTEM PROBLEMS. (See our May2, 1990 letter) 2. DRAINAGE. Lots 7 and 8 are at the bottom of Sleepy Hollow and get most of the drainage from the subdivision. We have at-readyreachedthe sanarationpoint because of the rain during the last two years. The new homes in Cress Timbers and Cedar Oaks have resulted in the flooding of Higgins Creek on a number of occasions. The runoff from three or four additional homes can be tolerated. It is our feeling that the runoff from 7 and possibly 11 homes would seriously overload the present Drainage Easement and act7uallyy cause damage to lots 7 & 8. MR. TURNS PROPOSES TO DES EN AND LEVEL T HE DRALMkGE DITCH IN FRONT OF OUR HOME. WE DO NOT WANT THE DRAINAGE DITCH DEEPENED AND LEVELED. What about the culvert under our driveway? It was built to county azd city specifications. Willit take care of runoff from six additional homes (and maybe 10) with curb and gutter? 23-10 Mr. Turns also proposes a 100 foot concrete fi.uae east of the cul-de-sac. THE NET EFFECT OF CONTSTRUCTING THIS FLUME WILL BE TO DUMP ALL T HE DRAINAGE FROM CEDAR OAKS ONTO OUR SEPTIC SYSTEM DRAINAGE FIELD. THIS IS UNACCEPTABLE TO U S. A BETTER WAY TO SOLVE THE DRAINAGE PROBLEM IS FOR MR. TURNS TO INSTALL A STORM DRAIN FROM THE EAST END OF SLEEPY HOLLOW TO HIGGINS CREEK WHICH IS APPROXIIMATELY 375 FEET. 3. THERE IS STILL THE VERY SERIOUS PROBLEM OF SEPTIC SYSTEM AFFLUENT SEEPAGE FROM SIX NEW SEPTIC SYSTEMS THAT WILL BE INSTALLED IMMEDIATELY WEST OF OUR LOT. NL . Turns has written me a letter stating that a properly instilled septic system wiii not cause us any problems. I am ass•umiag that ail of the septic systems in Cross Timbers Subdivision and Cedar Oacs Subdivision have been properly installed and have been inspected by the Southla.ke Inspectors.. But we all kno.v thaz there are problems. IT IS OUR VERY STRONG AND FIRIr: FEE LING THAT THERE WILL BE A DRAI�i TAGE PROBLEM DURL�,'G THE VERY WET -RAINY SEASON IN THE SPRING AND BECAUSE OF THE ELE �Y'ATION OF OUR PROPERTY RELATED T THE PROPOSED NEW HOME THAT SEPTIC SYSTEM AFF T UENT WILL SEA OLTT OF —1 HE GROUNTD INTO OUR FRONT YARD. The Tarrant County Health Department has said that when WET RAINY conditions exist ve-y long that septic systems do not work WELL and the septic drainage CAN AND WILL seep to the surface. THE INS TALLA TON OF A FRENCH DRALN ALONG THE 17ENTI2E EAST PROPERTY LINE OF LOT 6 WOULD ALLEVIATE OUR CONCERN AS WELL AS REDUCING THE N uMBER OF HOMES PLANNED IN THE REPLAT. It is my view that although the proposed replacing of lots 4, 5 & 6 meets the minimum one acre lot requirement that there are at lean, four important. and basic concerns that should be taken intoconsideration: .. THE PROPOSED �REPL AT IS . O T COIF:' ' '1 T i�,'; T P� THE ORIGINAL INTENT AND PRESS C1-LAR ACT_172 OF THE SU BDIVISIONT. ORDINANCE.NO 483 (SUBDIVISION CONTROL 0RD1- ONCE) 14' , A S DE,STGNIED TO AIL > v'_17 THE COMMUNITY TO NIATIN TALK I T ' S TRAD ITIGitiAL CHARA 'ER ANTI) P=El- �N CF DEVELOPMENT. 2. SLEEPY HOT LOW ROAD A,NND PROPOSED NE »' ROAD. IN OUR VIEW, SLEEPY HOLLOW ROAD IS TOO NARROW FOR THE ADDITIONALAUTOMOBILES THAT SIX TO TEN NEW LOTS (FOUR TO SEVEN ADDITIONAL LOTS IF THE PROPOSED NEW PLAT IS APPROVED) AND THE PROPOSED NEW ROAD DOES NOT COMPLY WITH SOL71 HLAKE STREET ,40 D RIGHT-OF-WAY REQUIREMENTS. A CURB AND GUTTER STREET AND CUL-DE-SAC WOULD BE RADICALLY DIFFERENT THAN THE EXISTING STREETS AND IN OUR VIEW IS ALSO IN THE WRONG PLACE. 3. THE ADDITIONAL DRAINAGE CAUSED BY THE REP LAT WILT CAUSE DAMAGE TO LOTS 7, 8, 9 AMID 10. THE PROPOSED SOLUTIONS TO THE DRAINAGE PROBLEM ARE NOTADEQUATE. THE CITY REGULATES ANYAND ALL DRAINAGE IMPROVEMENTS. THE SEVERE DRAINAGE QUESTION HAS NOT BEEN FULLY ADDRESSED BYTHEDEVELOPER. z3-11 4. SEPTIC SYSTEM AFFLUENT 5Er"I.'AGE ON LOT 8 AND THE REX MOORE PROPERTY NORTH OF LOT 8. THE OFFICIALS THAT I HAVE DISCUSSED THIS WITH TAKE AN OPPOSING VIEW TO THAT OF THE DEVELOPER. WE LIVE WITH THE PROBLEM. NOTWITHST.9.ti'D-tG THE 0_-NE ACpcE MINIMUM LOT REQUIREMENT SIX NEW SYSTEMS EACH ACCOMMODATING THE WATER AND SEWER DRAINAGE FROM A 3000 SQUARE FOOT HOME WOULD MEAN SERIOUS SEEPAGE DURING THE RAINY SEASON LN70 OUR FRONT YARDS. Thank you for allowing us to present our feelings again about tl' a proposed changes in Lots 4, 5 & 6 and for taking the time to read this letter. We r espectively request-, that the City of Southlake Planning and Zoning Commission deny -ems parti=ular application for a Tina: ?latia Case No. ZA 90-19. KennethSaunier ' MaudineSaunier Copies to: Mr. Turns Neighbors in Cedar Oaks Mr. Cheatham 2-3-12 Kenneth and Maudine Saunier 1800 Sleepy Hollow, Souihlake, Texas 76092 Telephone 817:481-3966 May 2, 1990 To: City of SouC:lake, Planning and Zoning Commussion From: Kenneth and Maudhie Saunier, Owners of Lot 7, Cedar Oaks i=.stares, Southlase, Texas Re: Case No. ZA 90 - 19 Replat of Blockl, Lots 4, 5, & 6, Cedar Oaks Estates owned by R. D. "Skip" Turns &. Thomas Benner We are the owners of Lot 7, Block 1 in Cedar Oaks Estates :id :L takiig this means of expressing our strong opposition to the application for a Fin —a' of Lots 4, 5, & 6 that is presently be considered by the Planning and Zoning Coir mission. Lot 7 is approximately 7.5 acres and lies ^ mediately Eas, of Lot E which is one of the lots involved in the repladng. Lot 7 is approximately 7.5 acres, has a house and guest house totaling over4500 square feet and approximately 6500 square feet under roof. i arll the builder cf the �sidence and we moved into our home in the fall of 1984. We beli-Tve that the -proposed change in ots4,5,&6wi11adversely effect our property both economica y,aesC.e�,",Czlilyforthefollowing reasons. 1 ?' 7T~ 1'�VFn _'-, T'S- -,.� THE H T \TD T`` ," � .� t TQT T;*�+�t T---- 1. 1 lit, t V5.�1J v r. V 1 :i`....Ar'V:J 1J V. \.'v �f . C t i:1i_ i^� i 1 i. i r7 - ORIGINAL L 7ENT,A�NI D 3R SIc. F CZ_i-L.,yCTER GF THL SU3DIVISI ,N. I ; existing covenants and restrictions sLae C:at only one dwelling Lay be eC%c ii orplacei: on any one lot. Although in the early days of the Subdivision a rLimbe: cf iots were subdivided, in every case the divided lots did 1110t requir e Cie building of.new roads and fortunately did nct ci.anl-e the original characterof the develo tnent..�,ithough tl:e dwe '� ig restr7ctic:;is 2:ii1v scL::re fee:, 9046 of the exis*dag homes are in excess of 3000 square feet and ;;zany are over 3500 square feet. This size of home represents a sizable investment . Furt„er, Lots 4, 5, 6 and Lot 11 are the only Lots in the subdivision that do not have a dwelling. The majority of :,he ;resent owners made a sizable invesLmmentin their lot and home because of the character of C:e subdivision and sincerely believe that building atleast 7 homes (and possibly snore) where three would be acceptable arid welcomed would have a serious negative economic impact on the value of ou. property. 2. PROPERTY VALUES. BuildLmg 7 ormore dwellings irntnedirueiy West of our property would remove one of the primary reasons that we purchased our lot and presently helps to retain its value. Large lots from 7 acres to 5 acres to 3 acres are really not compatible with alarge number of lots of 1 acre. What guarantee do we have that the homes built on the proposed lots will be in excess of 3000 square feet? What guarantee do we have that the new lot 7-R will not be again subdivided in the future to allow for the building of five additional dwellings? I have had experience as a developer and putting a 5.2 acre tract next to 6 1 acre tracts usually means that the larger lot has problems, will probably never sell or will be subdivided at some fuz. re date. We ryncerely believe that the potential prospects for the purchase of our home and land will be greatly shed by the proposed changes suggested for lots 4, 5, & 6. 23- 0 3. 8596 OF THE LOTS 24 CEDAR OAKS HAVE HOMES, TIME NLA.;ORITY OF '"rIICi= HAVE OVER 3000 SQU i'URL FEET, Al 'D v'iRY T.GT iS GREATER T:14.AN ONE ACRE. . he character of the suu division nay been Cast, it is 17Latur e and Life proposed changes have an adverse eff ect on the already existing cha: acter ui i .e C:eve.opmant and we believe the proposed changes would have an: gative impact on the commur:it-y and c-ur lot i� particular. 4. ROADS. The existing road named Sleepy Hollow was not designed to bare the traffic the proposed changes would bring about. Children are free to r de their bicycles in the neighborhood. An additional 7 - 11 lots would lean 15 - 30 acditicaal vehicles on the road and change the character ofits use. The use of Sleepy ti :._ow is quite dif:erca than tbat of Morgan Road and the other Roads in Cross Timbers. 5. DRAINAGE. Lets 7 and 8 are at the bouoL-: of Sleepy:To"ow and get all of the drainage fromtl�e subdivision. We have aureadyreached t,",e satura:ionpoint because of the rain during the last two years. The new homes in Cross Timbers and Cedar Caks have resulted in the flooding of Higgins Creed on a number of occasions. The rur_off from three orfour additional homes can be tolerated. The runoff from 7 -11 homes would seriously overload the Drainage Easement and actually cause damage to lots 7 & 8. 6. THE VERY S Z:) PRO yfL OF SEPTIC SYS: \15 A�1D LEA(I SEEPAGE. There are a num`aer of pi aces ia, Southlake v ::pre tLe excessive rains have created severe gro,"ad water seepage. Fa _-lies h ave Lad to go to corL.i erab:e ex ,er::e to F.e:�cl1 1 drains on theirproperry tloutcortl u : yhave a water liow..�urprcpem,*i. ground waterflo a.6 to tl:e su.lace as we are the lowest point i:: Buiidiag seven ormore l-.—.e septic tang fields witii.a 300 feet of Lot 7 ti:could ineai, effluent seepage to the surface ourfrontyard. The negative impact of this predictable inevitabiLty is very obvious to most esideru cf Soutl:lake. This is the pt�ary reason why we sue: gly : eel *:� :absolutely _31. c:;a:.ges Le wade to lots 4, 5, and 6. !� ��-�}�rl7\. y�Arr-.`` ,�r•n'1 n`i, nry.-�FEE—. •y� } E N �!'i-? �F T 7. ONE ._.:`l.'\\iL \ N EX!CEESS 31 '3030 v,'_` l: _R_E 1 :. E. ) i1�J-Y�:L V1V a..:'i`�i i. � J & 5 & = 4,5 OTI1 i�' TT T CO lPirV RY SUCC SSA, - DEVE LOP&IIEI\71 Or CEDAR OAKS ESTATES. TLe f L ties presently residing il. Ced ar Oaks wi 1 contil.ue to feel that we are fortunate Lo be "e ble Lv live in one of uhe prime SuodivisdouS Ll Southlake, a S,;,.-diV-slii:l u:«t would bed iminished if the repl::ting of Lots 4, 5 & 6 were approved. - Thank you for alto ruing us to present our feeiLlgs about the proposed cLa:ages in Lots 4, 5 & 6 and we respectively request t1hat the City of Sout.: lase Planning a._d Zorlilaa Commission deny the application for a final Plat in Case -tiro. ZA 90-19. 41 1AIV- Keiiaetb S a-uni a / NlaudineSauruer 2 3-14 City of Southlake, Texas - M E M O R A N D U M September 11, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Resolution No. 90-73 ZA 90-43 Specific Use Permit for Portable Building ------------------------------------------------------------- ZA 90-43 is a request for a Specific Use Permit for a Portable Building per Ordinance No. 480-A. The property is described as 3.00 acres out of the Richard Eads Survey, Abstract No. 481, Tract 3C being more commonly known as 667 North Carroll Avenue. The tract is zoned Community Service. The owner of the property is the City of Southlake, Texas. The City plans using the 57' x 36' (2,052 sq. ft.) building for additional office space. There were four (4) letters sent to property owners within 200 feet. To date, there has been one response: Mr. Charles Fechtel offered no opposition when he learned of the location of the portable building. On September 6, 1990, the Planning and Zoning Commission recommended approval (5-1) of the request for a portable building. On September 10, 1990, the applicant appeared before the Board of Adjustments and requested a variance to the strict application of the bufferyard requirements setforth in Section 42 of the zoning ordinance. The Board of Adjustments found no requirement under Ordinance No. 480 that existing nonconformities in the bufferyard section be brought into conformance in order to receive site plan approval. These requirements apply only to the expansion of the conforming use and structure. Since the additional parking on the North would encroach into the required ten -foot (101) bufferyard set out in the ordinance, it was determined that a variance would be required in this instance. They agreed that since space was at a premium onsite that the City could reduce the required distance to a five-foot (5') strip along the northern property line. City of Southlake, Texas Curtis E. Hawk, City Manager September 11, 1990 Page Two They further agreed that Table Two, Bufferyard "B" would be applicable since the property to the North was not developed in full compliance of the C-3 zoning district. It was determined that due to the "natural barrier" of existing trees to the North that the City and the property owner to the North would work jointly when the northern tract was further developed. They voted to approve (5-0) the request for a variance per their discussion and further stated that the applicant had met the conditions for a variance as setforth in Section 45 of the ordinance. IY -b- KPG ay / #4 City of Southlake, Texas RESOLUTION NO. 90-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A SPECIFIC USE PERMIT FOR THE LOCATION OF A PORTABLE BUILDING ON A TRACT OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS A 3.00 ACRE TRACT OF LAND OUT OF THE RICHARD EADS SURVEY, ABSTRACT NO. 481, TRACT C, BEING MORE COMMONLY KNOWN AS 667 NORTH CARROLL AVENUE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a specific use permit for the location of a portable building has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and WHEREAS, in accordance with the requirements of Section 45 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such specific use permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That a specific use permit is hereby granted for the location of a portable building on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this specific use permit: oil- t SECTION 2 That this resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED this the day of , ATTEST: Sandra L. LeGran City Secretary APPROVED AS TO FORM AND LEGALITY: (W City Attorney Date: Adopted: Effective: CITY OF SOUTHLAKE, TEXAS By: Gary Fic es, Mayor 40l16-0 CITY OF SOUTHIAKE APPLICATION FOR SPECIFIC USE PERMIT Application No.: ZA 90-43 Th be filed with the Zoning Administrator at City Hall, Southlake, Texas in time for proper notice of public hearing to be made and notices to be sent to property owners within 200 feet, fifteen (15) days prior to the public hearing. A fee of $100.00 and a site plan must a.cccmpany this application. NAME OF APPLICANT: City of Southlake, Texas 667 North Carroll Avenue Southlake, TX. 76092 ESCRIPTION (metes and bounds) OF PROPERTY RDQUFSTED TO BE CCNSIDERED: See Attached PRESET ZONING DISTRICT OF PROPERTY IN QUESTION: Community Service (CS) REQUEST FOR SPECIFIC USE PERMIT IS AS FOLLOWS: Placement of Portable Building onsite for additional office space per Ordinance No. 480-A The above information is true and accurate to the best of my knowledge. SIGNATURE OF PERSON FILING REQUEST (must be owner of the property): f //� DATE: August 13, 1990 �/��-4 W�1 24-Z FLOWER MOUND F,� 1 -A, • UK LOW TROPHY CLUB &AS 22 NISH AN ■ me JONES Ad lo■am z lZuLl — 43 INAVE$ swo 5 CIA 2 -- I. OCR a TLA K ON COUNTY I"k, 19RANT COij, v TIAN. -.1 COAL 11 LANE Tin nu �NAAOWAAARARAAAAA, Ols7fiIc7.8 UND RWAW— AWWR WWWRRW --z4w— — — SOLANA TIM AN A I OLLM Ill I cxmm N NuAll IlIS 3 mulwAu M. Al — W WINGLANS NO 4 114 11.1.11pla 9 LE TARN 31 t .1 K ICY @M WKST I IT. IP 1 All NISH SCHOOL -2 NITTA. CY PONNU IN BE I al Yowl- A To -- 5 AUCE CT a rwru CT waku" Ir 1 six CANYON C VA WWI CARROLL MIDDLE t. Oft, WILIWM SCHOOL 0 -lot KI ME 1,118 COVI LOVE KNOT CT 3 CITY LODGE 114 iy HALL U TO INVIRS1411 2 UNIVS_ �m RICEATINX L PARIS 113. MASON Re 9 111011 MARKS SLYL 1 114 Re GOODE ry fNE CT. I Ainponr v Al 5. RAW r. ST "lose"" tooTAL BLIAL ON"I • • L31 A. A. laid A. p r COLLEYVILLE AMJW—ALIL— Cl� Z 24-3 i 14 OOUTHVIEW JOINT 1ENTURE SF-20A TR 5A 9.8 AC T.J. MCHALE 0-1 91 I TR 1A 9.83 AC (8.83 AC) (1.0 AC) ROGER BAIRD C-3 I I I 0 .14Lf 17 IV w FECHI'EL CHILDREN TRUST C-3 City of Southlake, Texas M E M O R A N D U M September 14, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Oak Hills Estates Developer's Agreement Attached�,is the Developer's Agreement for the Oak Hills Estates subdivision. The developers of the subdivision have met with the ks & Recreation Board twice to discuss how the park fees should be allocated. Attached is a letter from Park Board Chairman, Randy Robertson, giving an overview of the park board's recommendation and the Park Plan referenced in the Developer's Agreement. A more detailed description of the board's recommendation is described in the developer's agreement. Please place this on the Council agenda for consideration. mo MHB/lc L / OAK HILL ESTATES 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 Oak Hill Estates 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 41 lots contained within the Oak Hill Subdivision (Phase I) and to the off -site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Oak Hill Estates 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 Oak Hill Estates 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- as-dX 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- a s- 3 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) All 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- ems- tv 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 company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Oak Hill Estates 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- 5-- 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 the City, and made part of the final plat as approved by the City Council. C. STREETS: 1. The street construction in the Oak Hill Estates 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 by 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 MV lip S- 3 with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Oak Hill Estates Subdivision to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. 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; 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, 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 injuries or damages to persons or property, including death, resulting from any failure to properly 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, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. M: C 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 :VA: a3W;- c 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 Developer of Chapel Downs immediately east of this subdivision, and on the east side of North White Chapel Blvd., has provided an 8" sewer line to the west boundary of their tract. This line has been properly sized to handle flow of sewer from Oak Hill Estates. The Developer agrees it will be his responsibility to provide sanitary sewer from the subdivision to this sewer line by means of an open cut of North White Chapel Blvd. There will be no need for acquisition of easements for the construction of this line. The Developer agrees to pay all costs associated with the construction of the sewer line including, but not limited to, construction, engineering, and surveying. It is agreed that the Developer is not eligible for any reimbursement of the cost of the installation of this off site sewer line. B. PARK FEES: In accordance with two meetings held between the Developer and the Park Board for the City of Southlake, the attached Park Improvement plan has been agreed upon by the Park Board. a 6--- Z In lieu of a $500 per lot =park improvement fee, the Park Board has agreed to allow the Developer to construct the improvements so noted on the Park plan. due to the fact that this subdivision is being phased (41 Lots in the first phase and 34 in the second phase), the Park Board has further agreed that the Developer shall spend no less than $20,500 for Park improvements in Bicentennial Park as a part of his first phase development. As the second phase of construction commences on the subdivision, the Developer will then be required to complete the other improvements noted on the included Park plan. The park plan improvements include: Phase I (41 Lots) 1. 3/4 mile jogging trail (4' wide - 3" thick) 2. Plant hardwood oak and/or ash trees to cause the cost of the improvements to equal or exceed $20,500 for both item 1 and 2, herein described. The location and details of the jogging trail and the tree location shall be shown in the construction drawings. The Developer shall warranty the jogging trail for two (2) years at 50% of the total cost of construction. The Developer will guarantee the trees for a period of one (1) year. If anv tree dies within the one year period, the tree or trees will be replaced at the Developer's expense. Other items to be constructed within the Park when Phase II commences includes the remaining number of trees as indicated in the plans, a new basketball court with goals, and the resurfacing and painting of the existing tennis courts as shown on the plan. C. PERIMETER STREET ORDINANCE: The Developer agrees to perform in accordance with Section IV, Paragraph B, Subparagraph 2 of Ordinance No. 494. D. EROSION CONTROL: During the construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. QM It will be the Developer's responsibility to present the Director of Public Works a soil control development plan that will be implemented for this subdivision. The subdivision will not be approved or accepted until the soil control development plan has been implemented. 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 streets within 72 hours, the Developer agrees that the City may cause the soil to be removed either by contractor or City forces at the expense of the developer. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: OAK HILL DEVELOPMENT CORP. By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -10- as y 7LL 7RAN ONN OFF. FROU TEL No.214-94�-2522b i Sr1.te nt1wI ] 1 , 1 g9(j 1'u: Sc,ttt}',1 firr (:i t_}• Cc.unt- i 1 azP.13.90 9:12 P.02 XF : 0AK N 1 1.1 FSTAl F S 1,AN'1) D) 1)1 CAT1 OV PFQU-I PEMEN'r5 The SoutI,1Akc• 1'„r•1. ttl,d Recreation Roard mnkcs the fa]lowiJig rrromm;-ndat iovs; i•cgarding the met.Ttod by which the devulopez- of Oak }i:i 11 vs1.641 a rhocise S t.o cornet] y %.:. Ch t}-,c: Park Land De d ic•rit.ior, I'c'•Cltt i r eme•r,: �. A) Iow t}:� de.-c- ]ev of Oak hill Vstatr-'S• to rrtec•i. thc' F.atrtd T)C•C1l c'at i c?L, 1'C-qu i I'ewe, riby mak ing Capi tA1 1 titjjr•ovrIIu.c-nt s to }: i CC-rt t-011te i h l 1',y r'1.. 1 mprovement s to the pH rk w i 1 1 i ncl udli : ] , the exi st 1 rig t erin i s court . 2. l'.ons.t rite• 1. H 70' a 40' conc.l'ete basketball 1•,1 f;} Ijad . 3. C.or,-truct a 3/4 mile x 4'►.i0o esj41,11t jc,k9iJig t1'StiI - 4. 1'lAW. t J:�) 3" hal'dwood (Cia'K & Ash) t: 2e's thr a„ ;hau: T}t_i a4t'+'C'mCI1t 1 contingent. uj)Ur, rr-icC•., be-ing conflt'Irted 11a st.n! 1' of the Pu},] is ric,l•1..% 1>t�p��r t.mcnt. F'lc•psc i-efc•1• to the at.Inch dt'awings for details. n,tnr}� nt�rrl l�i�n Scut hI nke-' Park and T c-cr•e at J or, 1'.0►tr d ('}•)rt i I metr, a s-- f M E M O R A N D U M September 14, 1990 TO: F ROM : SUBJECT: Curtis E. Hawk, City Manager Michael E. Barnes, Director of Public Works CPE Sewer Project On June 26, 1990 bids were opened for the construction of sewer facilities for the Continental Park Estates subdivision. The bids were guaranteed by a bid bond for a 90-day period which will end September 24, 1990. Since September 18, 1991 is the last regularly scheduled meeting of the council prior to the bid bond expiring, the contract needs to be awarded to Wright Construction Company for $249,356.62 (see attached bid tabulation) or the project will have to be re -bid at a later date. Please place this item on the Council's September 18, 1990 agenda for consideration. MHB/lc O A M U1 a d E z w z H H z O U m -1 .0 A O O « cM B G ti 00 CO N 00 O -ri H 00 O 0 Fi N to N CC tD N �• w w w w w w w • N N tC) Ch O • O N dw N ri N cr) �l U r-1 N M r-t N ch b0 C -rt O O O O O O J er O O er O d� Cd ch to CIO 4 C7 4 O +J LO LO O LO 0 dW (� �y w w w Cd O ri O e-1 cM 00 N 11, U N th CO ri N 10 r-i N M ri N t!0 r♦ v $♦ H O LO to O t1) : w tt) O7 r-I N C) ri 4J O N C) N t` O N 00 qw +3 +) O O O t- t` .� -H cri w w .0 r♦ N N r-I 00 O V -H O w N C) 00 00 k +3 C) .-1 N r-i N Q a w C7 N E— O N x rl to C) d+ O q; CM 00 V co t` r-q m H c Co C) 00 t- C C7 CD H 0o t` CO oo t` O r-1 N .-I N O U Ci O N LO ri CO 00 r-i 0) 4" .0 +; 0; C* C O ti CO -rt C N rq ch w N O w w w 3 U ch co C; O C co 00 w qw N 10 N ri N ri N H M H H -ri m O U v v C) C) +3 -H O N -H tv td Cd +1 CQ C4Q t1� ca ca C rl I I O 1 1 O k ra +-) ad -C) -O r-i VJ ri -ri CO -rl rt Q W CQ C>a CA A r-4 r♦ O (D a Cd �A m +) +; +; +3 a a O r-4 r-+ O m w F a a F ae na i ORDINANCE NO. 5a?1Z AN ORDINANCE ESTABLISHING THE MUNICIPAL CJURT 'IN SOUTHLAKE AS A MUNICIPAL COURT OF RECORD AND ORDERING AN ELECTION TO DETERMINE THE METHOD OF SELECTION OF A MUNICIPAL COURT JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; ANE PROVIDING AN EFFECTIVE DATE. , the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 30 of the Texas Government Code authorizes a municipality to establish its municipal court as a municipal court of record; and WHEREAS, the City Council of the City of Southlake deems it necessary to establish a municipal court of record to provide a more efficient disposition of appeals from municipal court; and WHEREAS, the City Council wishes to provide for a more effective means to enforce the ordinances and laws of the City of Southlake; and WHEREAS, Section 30.482(b) of the Texas Government Code provides that an election must be held to de'ermine the met1od of selection of the judge of the municipal court of record. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council hereby establishes its municipal court as a municipal court of record in order to provide a more efficient slake\ord.19 (82990) -1- I disposition of appeals from municipal court, and in order to more effectively enforce its ordinances. SECTION 2 This municipal court of record is established pursuant to the authority granted in Subchapter (P) of Chapter 30 of the Government Code of the State of Texas, and the terms set forth therein are hereby adopted governing the operation of said court. SECTION 3 The governing body of the City hereby calls an election to determine the method of selection of the judges of the municipal court of record. The qualified voters of the City shall vote on the question of electing or appointing the judges of the municipal court of record. This election shall be held on January 19, 1991, which is the first succeeding uniform election date for which sufficient time elapses for the holding of an election after the passage of this ordinance. SECTION 4 The method of selection approved by the qualified voters shall be the method of selection of any judge of a court of record which may be created in the future as an additional court, if the governing body of the City, in the future, finds that additional courts of record are necessary to dispose properly of the cases arising in the City. SECTION 5 A municipal judge in the Southlake court of record must be a licensed attorney in good standing. A person may not serve as a municipal judge while that person holds other office or slake\ordJ 9 (82990) -2- 027-07, employment with the City government. The City Council shall set the salary of the municipal judge as set forth in Section 30.486(h) of the Government Code. SECTION 6 The governing body of the City shall appoint a clerk of the municipal court of record, who shall be known as the Municipal COJ Clerk. The Municipal-, Clerk shall serve at the pleasure of the governing body, and under the supervision of the City Manager. SECTION 7 The governing body of the City shall provide an official court reporter to preserve a record in cases tried before the Southlake Municipal Court of Record. The court reporter may use written notes, transcription equipment, recording equipment, or a combination of those methods to record the proceedings of the Court. The court reporter is not required to record testimony in a trial unless the judge or one of the parties requests a record. SECTION 8 The municipal court of the City of Southlake shall become a court of record from and after the 2nd day of October, 1990. SECTION 9 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. slake\ord.19 (82990) .3- 4 7._ 3 W SECTION 10 �W It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11 (W The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 12 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. slake\ord.19 (82990) .4_ ( ? _ 0 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 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slake\ord.19 (82990) -5-� City of Southlake, Texas - M E M O R A N D U M September 10, 1990 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Chief of Police SUBJECT: Police Reserve Force Ordinance ---------------------------------------------------------------------- Please find attached a copy of the proposed ordinance on creating a Police Reserve Force for the City of Southlake. I have also attached a copy of a letter from City Attorney, Wayne Olson concerning this same subject. As you can see from Mr. Olson's letter, he points out two areas that he was not comfortable with. The first area, section VI, concerned the residence of a Reserve Officer and I have changed that part of the ordinance. The second area was in section XIII, and addresses the matter of a Reserve carrying a weapon. I felt this paragraph was worded correctly and did not change it. If the proposed ordinance meets with your approval, I would like it placed on the next City Council agenda. rBC /mr Attachments (2) CARVAN E. ADtoNS DANmL R. BARRErr* EuzABm ELAM T)Avm FmLDm �Im� GARREw tFarct Gmm Wm. CRAIo HARRIGER DWAYNE D. Hm SUSAN E. Hu7+cmoN SUSAN S. JONES GERALD J. MAYHEW WAYNE K. OLSON Tim G.SRALLA** E. ALLEN TAYLOR. JR. *BOARD CERURED PERSONAL RMMY 7RIAL LAW MAS BOARD OF LEGAL SPEQALIZAnON **BOARD CER7UMD CIVIL APPELLATE LAW TEXAS BOARD OF LEGAL SPECIAL17A77ON OF COUNSEL JAWS P. WAGNER FIELDING, BARB= & TAYLOR ATTORNEYS 300 WESTERN NATIONAL BUILDING 8851 HIGHWAY 80 WEST FORT WORTH. TEXAS 76116-1969 Chief Billy Campbell Police Department City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 August 31, 1990 T ELmoNE No. (817) 560-0303 FAx (817) 560-3953 Re: Proposed Ordinance Creating a Reserve Police Force Dear Chief Campbell: Per your request, I have reviewed the proposed ordinance (W creating a police reserve force. I am returning to you a redlined copy with my comments. I would also like to make the following additional comments. Paragraph VI provides that police reserves shall be residents of the City or reside in the surrounding area. There is no definition of surrounding area and this may cause some confusion at some point in the future. Paragraph XIII is also somewhat ambiguous as to whether or not a police reserve officer may carry a weapon. It might be advisable to reword this sentence to clarify this requirement. As a matter of information, it is my reading of Section 341.012 of the Local Government Code that all appointments to the reserve force must be approved by the City Council before the person appointed may carry a weapon or otherwise act as a police officer. If you have a different understanding of this section, please let me know. WKO/kt Enclosures slake\Ltrwko.26 cc: Mr. Curtis Hawk Very truly yours, 1"')k lo.� Wayne K. Olson � 1 � ORDINANCE NO. sue( 3 AN ORDINANCE CREATING A RESERVE POLICE FORCE FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF; PRESCRIBING THE POWERS AND DUTIES OF THE MEMBERS OF SUCH FORCE; PROVIDING FOR SUSPENSION OF THE MEMBERS THEREOF OR REDUCTION IN RANK OR DISMISSAL THEREFROM BY THE CHIEF OF POLICE; REQUIRING AN OATH OF OFFICE; REQUIRING RESERVE OFFICERS TO MEET THE REQUIREMENTS OF SECTION 341.012 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: I. ESTABLISHED AS SEPARATE AND DISTINCT FROM THE POLICE DEPARTMENT An auxiliary police force to be known as the Police Reserve is hereby established, such a force to be separate and distinct from the Police Department. II. GENERAL POWERS OF THE CHIEF OF POLICE RELATIVE TO THE RESERVE The Chief of Police shall be the head of the Police Reserve, and the members of the Reserve shall be under the authority, control and command of the Chief of Police, subject to all ordinances of the City and of this article. The Chief of Police may, by order, establish rules and regulations to govern the Police Reserve Force, to fix specific duties of its members, and to provide for the maintenance of discipline. He may change such orders from time -to -time, and he may command members of the Police Reserve Force to obey the instructions of a regular police officer in carrying out their orders. COMPOSITION The Police Reserve Force shall be composed of personnel who have volunteered to join the organization and whose applications for membership have been accepted and who have complied with all rules, regulations and orders provided a? 9-3 for the conduct and control of the members thereof. The serve Force shall be composed of not more than fifteen (15 ) me IV. DIMINISHING OR EXPANDING MEMBERSHIP The Chief of Police may by order diminish or expand the membership of the Police Reserve Force as may be required within the limit established in the preceding paragraph. V. APPLICATION FOR MEMBERSHIP Application for membership in the Police Reserve Force shall be filed with the Police Department. Such application shall be on a form utilized for employing full-time police employees. VI. APPLICANT'S QUALIFICATIONS AND REFERENCES Each applicant for membership in the Police Reserve 41 Force shall be an actual resident of the City or reside 4W within a city whose s meet with or cgoss the city limits of Southlake. The applicant's background will be checked in the same manner as a full-time officer candidate. The applicant must be of good character and have the physical ability to perform the duties of the position for which he seeks appointment. VII. LIST OF ELIGIBLES; APPOINTMENT OF MEMBERS A list of eligibles compiled by the Chief of Police and accompanied by a complete set of fingerprints or supplemented immediately by fingerprinting by the Police Department; which fingerprints shall be checked by the Identification Bureau to ascertain any criminal record of such person, and shall be maintained by the Police Department. Members of the Police Reserve Force shall be appointed by the Chief of Police from such lists of eligibles. VIII. UNIFORMS AND BADGES FOR MEMBERS The Chief of Police shall prescribe the uniforms and badges for the members of the Police Reserve Force and direct the manner in which the same shall be worn. Each individual Reserve Officer shall bear the cost of the uniform, but shall be reimbursed for such expenses after twelve (12) months consecutive service. IX. DUTIES The duties of the Police Reserve Force, subject at all times to the direction, supervision, and control of the Chief of Police, shall be to assist the regular members of the Police Department in the enforcement of law and the maintenance of peace and order during periods of emergency designated by the Chief of Police. The Chief of Police may prescribe other duties than those mentioned herein to be performed by the Police Reserve Force not inconsistent with the provisions of this ordinance or State law. X. POWER OF ARREST A member of the Police Reserve Force shall have the powers of arrest as set forth in State law. XI. ENTRY UPON PRIVATE PROPERTY No member of the Police Reserve Force shall break into or otherwise forcefully enter upon private property or enter the dwelling or habitation of another person without the consent of a member of the Police Department who then and there requests his aid in the enforcement of the law and is properly authorized to enter. XII. TERMINATION OF MEMBERSHIP GENERALLY Membership of any person in the Police Reserve Force may be terminated by the Chief of Police at any time for any cause deemed sufficient by the Chief of Police. Any member may resign from the Police Reserve Force at any time, but it shall be his duty to notify the Chief of Police of his resignation. XIII. GENERAL An Person appointed to the Police Reserve Force may, carry a weapon or otherwise act as a peace officer contrary to state law. Any qualifications established for the position of Police Reserve Force Officer for the City of Southlake 4,0-6-- shall meet the minimum physical, mental, educational and moral standards established by the State of Texas Commission on Law Enforcement Officer Standards and Education, but may be stricter than the standards of the Commission. XIV. 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. XV. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. XVI. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF _ , 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: (W ADOPTED: EFFECTIVE: • It ADG DESIGNED Z LCC [DRAWN S z JRP NO. REVISION BY DATE CHECKED 0/-\K ROJECT NGINEER L L D_ TEAGUE iULL & PERKINS, INC. DATE ESTATES GREEN OAKS LANE 4' SIDEWALK CONCRETE SWALE WATER TOWER rRESURFACE TENNIS COURTS i SCALE FILE NO. TEAGUE NALL ANDVERT PERKINS ,N�. C O N S U L T I N G E N G I N E E R S 9 15 Florence Street, Fort Worth, Texas 76 102 (8 1 7 ) 3 3 6 - 5 7 7 3 IHO50' N/A PROJECT NO. LEGEND 4' OAK TREES is (25 EA. aD # 400/TREE).,.. $10,000 3/4 mi,4`wide ASPHALT JOGGING/WALKING TRAIL (3960 L.F 0 $ 5.00/ L.F) .... 19,800 CONC. BASKETBALL COURT (40 x 70,) ................. 6,500 RESURFACE EXIST. TENNIS COURT 010'x 120').................. 5,000 TOTAL PROP. PARK IMPROVEMENTS... $41,300 w 4 O v i FOCAL MNT PLANTINGS BY GARO$N CLUB t .ss TNP PROD PROP. BI -CENTENNIAL PARK HARSHEET 8 IMPROVEMENTS ASSOCIATED WITH 1 OAK HILL ESTATES OF 1 ZONED - C-3 ROGER BAIRD BOX 881 SOUTHLAKE, TX 76092 ZONED '0-1' T.J. MCHALE 10403 HIGH HOLLOW DR. t203 DALLAS, TX 75230 VOL. 4689, PAGE 279 SaJTH VIEW DR E - — ZONED - C-3 FECHTEL CHILDREN TRUST 6506 N. RI DALLAS, TX `�52.14 VOL. 9011, PAGE 1241, D.R.T.C.T. VOL. 5852, PAGE 82-102, D.R.T.C.T. ZONED '0-1' T.J. MCHALE 10403 HIGH HOLLOW DR. f203 DALLAS, TX 75230 VOL. 4689, PAGE 279, ` LEGAL DESCRIPTION Being a tract of land out of the Richard gads survey, Abstrae No. 481, Tarrant County, Texas, and also out of the Western Hatcheries, Inc. tract as described in a deed from Cecil S. Yanaura to Western Hatcheries, Inc., and recorded in the deed records of Tarrant County, Texas, in Volume 2317, Page 299, further described as follows: BEGINNING at an iron pin, said point being the Northwest corn : of the above described Western Hatcheries tract, an being in the center line of North Carroll Avenue; THENCE East, along the North line of the said Western: Hatcheries tract 400.0 feet to an iron pin for corn THENCE South, 326.7 feet to an iron pin for corner; THENCE West, 400.0 feet to an iron pin, in the center line North Carroll Avenue; THENCE. North, along the center line of North Carroll Avenu 326.7 feet to the point of BEGINNING and containing 3.00 acres, of which 0.19 is in use as a public roa.- 400.0 ' 7s66PCONCR PP 5 B. L 1 )SUMP POST 14 12' \ A 12' In N p' fi HIGH SCREENE l % DUMPSTER ENC SURE �Q) N w/2-8'GATES Q 'V/ Ih w�OE 70 ORAM� A/�i ilk — NATURAL / GROUND �c � a PP ; I 1 PP w/LIGHT \ N E �I q 0 CL2 BUILDING 9� /1, PUMP ' S TAT/ON I IGROUND STORAGE / MATER TANK 3 6' CLF / 91 GRAVEL / ASPHALT 4 00. 0' 6'CLF k W J h 1 V 1 D APPROVED; PLANNING COMMISSION CHA /RMAN: SECRETARY DATE APPROVED: CITY COUNCIL MAYOR.' ZONED - C-3 FECHTEL CHILDREN TRUST 6506 N. RIDGE DALLAS, TX 75214 VOL. 9811, PAGE 1241, D.R.T.C.T. VOL. 5852, PAGE 82-102, D.R.T.C.T. Owner City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 (817) 481-5581 S -3\ - `C.) CITY SECRETARY: DATE.' NOTES M 0 10, 40, 520 SCALE: i" = 20' REQUESTED APPROVAL: TIE CITY REQUESTS APPROVAL OI ;'HIS SITE PLAN PER ThE REQUIREMENTS Or' 3Ji.`:ANC 480-A, SECTION 45 PERTAINING TO A SPECIFIC USE PERMIT FOR A PORT,LELL BUILDING. PROPOSED IMPROVEMENTS: THE CITY IS PROPOSING TO EXPAND THE OFFICE SPACE AS SHOWN. 'PHIS WILL INCLUDE. THE REMOVAL OF INADEQUATE ASPHALT AND/OR GRAVEL PAVING AND TitE INSTALLATION OF NEW CONCRETE AND/OR ASPHALT PAVING. �. PLATTING: THIS TRACT IS CURRENTLY UNPLATTED. HOWEVER, A PLAT SHOWING OF THIS PROPERTi IS CURRENTLY BEING PREPARED. ,. BUILDING SETBACKS REQUIRL D: FRONT = 30' ---------- - SIDE = 1 5 ' REAR = 10' PARKING SPACES REQUIRED: I SPACE/3 MEETING ROOM SEATS (66 SEATS) = 22 SPACES AND S SPACES + 1/300 SQ. FT. OFFICE (9,770 SQ. FT.) = 33 SPACES TOTAL REQUIRED = 55 SPACES PARKING SPACES PROVIDED: 3 HANDICAP 91 STANDARD 1. BUFFER YARDS REQUIRED: A HEARING WAS HELD SEPTEMBER 10, 1990 AT THE ZONING BOARD OF ADJUSTMENT CONCERNING BUFFER YARD REQUIREMENTS. BUFFER YARDS ARE REQUIRED AS FOLLOWS: FRONT - NONE NORTH = LEVEL 'B' PLANTING i:EQUIREMENTS IN AN APPROXIMATE AREA 5' IN WIDTH EAST = NONE SOUTH = NONE E. FIRE LANE STRIPING SHALL BE REQUIRED PER CITY ORDINANCE NO. 304 AND THE REQUIREMENTS OF THE FIRE CHIEF. 9. BUILDING HEIGHT: ...E PROPOSED }EXPANSION WILL NOT EXCEED TWO AND ONE-HALF STORIES (35') !'1 HEIGHT. 10. MASONRY REQUIREMENTS: THE PROPOSED EXPANSION DOES NOT MEET THE MASONRY ORDINANCE REQUIREMENTS. A VARIANCE WILL BE REQUESTED FROM THE CITY COUNCIL. 11. LIGHTING: CURRENTLY THE GAS ISLAND CANOPY IS LIGHTED. ADDITIONAL POLE LIGHTING WILL BE PROVIDED FOR THE NEW PARKING AS REQUIRED. 12. PERCENT COVERAGE: BUILDINGS SHOWN COVER. 10.39 PERCENT OF THE 3.0 ACRE SITE. 13. DEVELOPMENT SCHEDULE: IT IS ANTICIPATED THESE IMPROVEMENTS WILL BEGIN IN OCTOBER, 1990. 14. SANITARY SEWER: CURRENTLY THE CITY USES SEPTIC TANKS IN THE LOCATION SHOWN ON THE PLAN. A SANITARY SEWER SERVICE FOR FUTURE CONNECTION WILL BE INSTALLED BY OTHERS UNDER SEPARATE. CONTRACT. A 6" GRAVITY LINE WILL BE INSTALLED FROM THE REAR OF THE BUILDING, DUE SOUTH TO THE PROPERTY LINE AND DUE WEST TO CONNECT WITH A STUB FROM SOUTH VIEW ADDITION. In. BOUNDARY PROVIDED BY THE CITY FROM SURVEY PERFORMED BY CLARENCE W. HART, DATED 6-18-82. l rLL \ Ot3r_ -AAAD EhDy f CITY I - 1�OD { -•+ .I_-ic HALL r4. `1--* I ,• I -� i Ir .�1 y ... 6 _ _,��' ... �. ..,. IJ. SITE PLAN SOUTHLAKE CITY HALL EXPANSION CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 3.0 ACRES AUGUST 31, 1990 CHEATHAM & ASSOCIATES ENGINEERS SURVEYORS PLANNERS 1170 CORPORATE DRIVE W. SUITE 207 ARLINGTON, TEXAS 76006 (617) 633—t023 METRO (617) 640-4329 CASE ZA-90-43 z O Z a a X W .J .j Q H V W Q J M O W SHEET 1 OF 2 a �Qp 1 0 e CJ .,�'� `G \ CONC.�plb o'� ^ °e. MONUMENT JO 0 1 /2' I.R. S 89.33'00°W io oac. • un� — — — — _41 — —I T — — — 715.16 I II I II I I( 1 I II I II I II I II �I BLOCK 1 -Nil 4R7 229,540 S.F. LOT 3, BLOCK 1, CEDAR OAKS ESTATES VOL 388-127. PG. 9, P.R.T.C.T. ZONED SF -IA 25B/L it LR. QLCX.r1 nvLLVA 11WJML t OW MUM. ) LOT 15 BLK. 1 ZONED SF -IA R=630.55 L=207.98 D=1953'53' CEDAR OAKS ESTATES VOL 388-127. PG. 9, P.R.T.C.T. ZONED SF -IA LOT 14 TYPICAL SIGHT EASEMENT ALL STREET INTERSECTIONS P. 0. B. E- • 0 ° GOh�^e� I Q 0r0� ° �OQe �0e e61 =RTY e8 \ I s 82 \ •�� f 65 CEDAR OAKS ESTATES VOL 388-127. PG. 9, P.R.T.C.T. LOT 10 BLK. 1 ZONED SF -IA "The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision ordinance." EASEMENT ABANDONMENT We, the undersigned, as duly authorized representatives of the following utility companies, hereby express no objection to the abandonment of the easement so noted on this plat, said easement being previously recorded in Vol. 388-127, Page 9, of the Plat Records of Tarrant County, Texas. ��-----------Date: --------------- Date:-1- - I - Texas Utilities Tri-County Electric Coop. (_;L4A4A0r,&A,1 - ------Date:_:_-I3_.9D _ _v------------Daterl'�',� General Telephone Co. Lone Star Gas 4R1 43,560 S.F. LOT 9 BLK. 1 ZONED SF-1A N J+. rye• ro M 0 lips In Ir') d� LOT 7, BLOCK 1, CEDAR OAKS ESTATES VOL 388-127, PG. 9, • 13 P.R.T.C.T. • _ ZONED SF -IA I I ,d. 0 In �I N I II I I ,/r I.R. \ Qc RDq�kq�'NC k LOT 8 \ BLK. 1 ZONED SF -IA SITE DATA ZONING - SF-1A MINIMUM LOT AREA - 43,560 S.F. MINIMUM LOT WIDTH - 100 FT. FRONT YARD - 40 FT. SIDE YARD - 20 FT. REAR YARD - 40 FT. MINIMUM FLOOR AREA - 3,000 S.F. MAXIMUM LOT COVERAGE - 20% TOTAL AREA IN ADDITION - 11.8150 AC. TOTAL AREA IN STREET - 0.5386 AC. TOTAL AREA IN LOTS - 11.2764 AC. TOTAL NUMBER OF LOTS - 7 RESIDENTIAL DENSITY - 1.00 LOT/ACRE STATE OF TEXAS ^- COUNTY OF TARRANT N WHEREAS, Raymond D. Turns, Jr.; Thomas H. Benner and Lynnaia Benner, husband and wife, are the owners of an 11.815 Acre Tract out of the J. Childress Survey, Abstract Number 253, Tarrant County, Texas being more particularly described as follows; Being Lots 4, 5 and 6, Block 1, CEDAR OAKS ESTATES, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-127, Page 9 of the Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a concrete monument found for the northeast corner of Said Lot 6, Block 1; Tr1E_NCE S 01'03'03"W, 272.18 feet along the east side of said Lot 6 to a 1 j 2" iron rod found for the northwest corner Lot 7, Block 1, CEDAR OAKS ESTATES; THENCE S 01'14'11"W, 443.53 feet along the common line of said Lots 6 and 7 to a 1 /2" iron rod found in the northeast right-of-way of Sleepy Hollow Trail; THENCE N 69'57'46"W, 410.97 feet along said northeast right- of-way to a 1 /2" iron rod found for the beginning of a curve to the left having a central angle of 18'53'53", and a radius of 630.55 feet; THENCE northwesterly along said right-of-way and said curve to the left on arc length of 207.98 feet to a 1 /2" iron rod found; THENCE N 88`51'39"W, 288.53 feet along the north right -of way of the aforesaid Sleepy Hollow Trail to a 1 /2' iron rod set for the south common corner of Lots 3 and 4, of the aforesaid Block 1; THENCE N 01'C5'12"E, 524.13 feet along the common line of said Lots 3 and 4, to an 112" iron rod set in the north line of the aforesaid CEDAR OAKS ESTATES, from which a concrete monument for the northwest corner of said CEDAR OAKS ESTATES bears S 89'33'00"W, 715.16 feet; THENCE N 89'33'00" E, 882.72 feet along said north line to the Point of Beginning and containing 11.815 acres (514,673 square feet) of land more or less, as surveyed by Horizon Survey Company in March, 1990. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 0 25 50 100 200 300 0�� I - SCALE IN FEET 1" = 100, THAT, Raymond D. Turns, Jr.; Thomas H. Benner and Lynnaia Benner, husband and wife, do hereby adopt this Plat designating the herein described property as REPLAT OF LOTS 4R1 - 4R7, BLOCK 1, CEDAR OAKS ESTATOAKS ES, an addition to the City of Southlake, Tarrant County, Texas; and does hereby dedicate to the public's use forever the streets and easements shown thereon. The easements shown thereon are hereby reserved for the purposes as indicated. The utility easements shall be open to the public, fire units, garbage and rubbish collection agencies and all public and private utilities for each particular use. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and occomodation of all public utilities using or desiring to use some. All and any public utility shall have the right to remove and keep removed all or parts of any buildings, trees, shrubs or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on the easements and all public utilities shall at all times have the full right of ingress or egress to or from and upon said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective system without the necessity at any time of procuring the permission of anyone. Any public utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance and service required or ordinarily performed by that utility. Water and sanitary sewer easements shall also include additional area or working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleonouts, fire hydrants, services, operations of the systems. THIS Plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Southlake, Texas. EXECUTED this -__---- day of -------------------------, 1990. STATE OF TEXAS By- - --- -� -- MOND D. TURNS, JR. COUNTY OF TARRANT N /f r BEFORE me, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared Raymond D. Turns, Jr.; Thomas H. Benner and Lynnaia Benner, husband and wife, known to me to be the persons whose name Is subscribed to the above and foregoing instrument and acknowledged to me that they executed the some for the purposes and consideration therein expressed and in the capacity therein stated. a`.•o�PRY PUB'•'rl: Notary Public, State of Texas i Notary's Printed CIeoe E. s� N� : = Name:----------------------------- 'sg OF s9rE �``+ ' • s O�-A*- �� :.,�� ••. F�..•��.s Commission Expires:__ vt► 1 n-9�.aP'� By- T OMAS H. BEN.NE By_ 671L*LN _ � AIA BENN 4 THIS PLAT FILED IN CABINET DATE . SLIDE NO. LOCATION MAP SURVEYOR'S CERTIFICATION THIS is to certify that I, John L. Melton, Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from on actual survey on the ground: and that all lot corners, angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. or Jobn L. Melton, Registered Professional Land Surveyor J: � N L. Texas Registration No. 4268 STATE OF TEXAS N COUNTY OF TARRANT BEFORE me, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared John L. Melton, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed ithe some for the purposes and consideration therein expressed and in the capacity therein stated. ^1 Yi �- ��,E•• Notary Public, State of Texas .•••""� •: nor PV6 ti WS ? �-�, i Notary's Printed _ _-,C-eC E• -Name:- - �.Z �O- 9' Commission Expires:_______________ C ,...,a- APPROVED Y THE Cmr COU L CITY SECREINRY APPROVED AY THE PLANNING 8t ZONING COMMISSION DATE: CHAIRMAN P&Z COMMISSION II CRY SECR ARY REPLA T OF LOTS 4R> - 4R7, BLOCK > CEDAR OAKS ESTATES AN ADDITION TO THE CITY OF S 0 UTHLAKE TARRANT COUNTY, TEXAS AND BEING A REVISION OF LOTS 4,5&6, BLK. 1 OF CEDAR OAKS ESTATES AS RECORDED IN VOL. 388 -127, PG. 9, P.R.T.C.T. BEING A 11.815 ACRE TRACT OUT OF THE J. CHILDRESS SURVEY ABSTRACT NUMBER 253 OWNERS: SKIP TURNS THOMAS BENNER 2406 FOREST MEADOW 3131 OAK HILL ROAD LEWISVILLE, TEXAS 75067 CARROLLTON, TEXAS 75007 (214) 462-8788 (214) 492-2000 ENGINEER: WASHINGTON & ASSOCIATES, INC. ENGINEERS - PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 SURVEYOR: HORIZON SURVEY COMPANY REGISTERED PUBLIC SURVEYORS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 JOB NUMBER 001-143 AUGUST 1990 I � � I I -1 �� 11 � � I * I 1. . � " - . , �,� � ,. . . I ... .1 . . I � . . . . . . I I 1. �;,; I . "I , �, . ;'k� , . I , "I. ,III I., - . I I . . � , � �,,� , " '� , , , _ -- �'�g;�A�-9,-�114 7 " � ,� � �, I �,,,T- , �� ;, , , � ..". _,; I I . . . " . . � . :,-. 7, _ . . I � _i _f,�� ,."�_, ": i"T, "'li - ,*�-,A.' �-, %- * - 1, , 11 -_ ` .i I , , - - 1. I "I . . . I . . I w , . 1�. . �','Ii_ v, ,"O. * �1144 411 I'- - t, a., ,:,.� A, ."'.- V,'� ,,, �, , . %. .1, � . % I " - � - - , . I , 1�� , . 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USE 22.5(g) SALES/SERVICE I , BAW qD FRONTYARD 33.9 (f) � � FRONT YARD 22.5 (b) - 30' - I � 0 SIDE YARD 22.5 (c) I . 33.9 (0 I W (STATE HWY FRONTAGE'RD) . 50- 0 REAR YARD 1 22.5 (d) I � COVERAGE 60% . 12.53X � I & DRIVE THRU TELLER CANOPY . (6 LANES) I BUFFER YARDS 42 (TABLE 1) C3/C3 N07 REQUIRED NO BUFFER YM H.C. RAMP . � I . 8 1 I TYPICAL PARKING SPACE 35.3 42 (TABLE 3) C3/WKSSWAY 0 (9'W x 18*D) <C3/EXMSSVAY> NOT REQUI1RED I . I OFFSTREET PARKING ' 35.3,35.15(b(SI(a))) 8 FOR IST 1OOOSF 40 SPACES I . 0 CONCRETE PAMNG . . . PLUS1/3OOSF ADD. . � CONCRETE CURB (TYPICAL) I TOTAL REQU111RED 38 - 9 FIRE LANE LOADING ZONE 36.3.36.6 1/10.000SF - 49.00OSF I SPACE 9 (20' WIDE TYPICAL) I . , I I I . �B RETAINING WALL . . - I . . . MISCULANEOUS INFORMATION I � /' I . - - � . I . TEXAS NATIONAL BANK � I � . . . DRAINAGE STUDY I . RECORD OWNER . , I . . . I SOUTHLAKE BANK PLACE .� TEXAS NAIIONAL BAW . SOUTHLAKE, TEXAS . , I P.O. BOX 92M - " . . JOB NO. 8376 . 1 (917) 40-5544 . - I . SITE , PLAN . 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