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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
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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
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zTSR �EHizLE =!c:DENTS
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Z
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@
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z
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p:RE zQL_S i& DE&TON COUNTY
o
z
EMS FALLS IN DENTON COUNTY
0
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7AL_5E ALARMS IN DENTON COUNTY
2
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&U.,
F : RE DES -ART .YiE% "
THIS
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MONTrriLY REPCRT
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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
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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
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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.
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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.
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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
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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
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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:
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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.
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Every replacement Certificate issued pursuant to this
Section shall be a valid and binding obligation, and shall be
entitled to all the benefits of this Ordinance equally and
ratably with all other Outstanding Certificates;
notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Certificates.
The provisions of this Section are exclusive and shall
preclude (to the extent lawful) all other rights and remedies
with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Certificates.
SECTION 22: Satisfaction of Obligation of City. If the
City shall pay or cause to be paid, or there shall otherwise be
paid to the Holders, the principal of, premium, if any, and
interest on the Certificates, at the times and in the manner
stipulated in this Ordinance, then the pledge of taxes levied
under this Ordinance and the Net Revenues of the System (to the
extent such limited pledge of Net Revenues shall not have been
discharged or terminated by prior payment of principal of or
interest on the Certificates) and all covenants, agreements,
and other obligations of the City to the Holders shall
thereupon cease, terminate, and be discharged and satisfied.
Certificates or any principal amount(s) thereof shall be
deemed to have been paid within the meaning and with the effect
expressed above in this Section when (i) money sufficient to
pay in full such Certificates or the principal amount(s)
thereof at maturity or the redemption date therefor, together
with all interest due thereon, shall have been irrevocably
deposited with and held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, or (ii) Government Securities
shall have been irrevocably deposited in trust with the Paying
Agent/Registrar, or an authorized escrow agent, which
Government Securities have been certified by an independent
accounting firm to mature as to principal and interest in such
amounts and at such times as will insure the availability,
without reinvestment, of sufficient money, together with any
moneys deposited therewith, if any, to pay when due the
principal of and interest on such Certificates, or the
principal amount(s) thereof, on and prior to the Stated
Maturity thereof or (if notice of redemption has been duly
given or waived or if irrevocable arrangements therefor
acceptable to the Paying Agent/ Registrar have been made) the
redemption date thereof. The City covenants that no deposit of
moneys or Government Securities will be made under this Section
and no use made of any such deposit which would cause the
Certificates to be treated as "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, or regulations adopted pursuant thereto.
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Any moneys so deposited with the Paying Agent/ Registrar,
or an authorized escrow agent, and all income from Government
Securities held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, pursuant to this Section which is not
required for the payment of the Certificates, or any principal
amount(s) thereof, or interest thereon with respect to which
such moneys have been so deposited shall be remitted to the
City or deposited as directed by the City. Furthermore, any
money held by the Paying Agent/Registrar for the payment of the
principal of and interest on the Certificates and remaining
unclaimed for a period of four (4) years after the Stated
Maturity, or applicable redemption date, of the Certificates
such moneys were deposited and are held in trust to pay shall
upon the request of the City be remitted to the City against a
written receipt therefor. Notwithstanding the above and
foregoing, any remittance of funds from the Paying
Agent/Registrar to the City shall be subject to any applicable
unclaimed property laws of the State of Texas.
SECTION 23: Ordinance a Contract -Amendments. This
Ordinance shall constitute a contract with the Holders from
time to time, be binding on the City, and shall not be amended
or repealed by the City while any Certificates remain
Outstanding except as permitted in this Section. The City may,
without the consent of or notice to any Holders, from time to
time and at any time, amend this Ordinance in any manner not
detrimental to the interests of the Holders, including the
curing of any ambiguity, inconsistency, or formal defect or
omission herein. In addition, the City may, with the consent
of Holders holding a majority in aggregate principal amount of
the Certificates then Outstanding affected thereby, amend, add
to, or rescind any of the provisions of this Ordinance;
provided that, without the consent of all Holders of
Outstanding Certificates, no such amendment, addition, or
rescission shall (1) extend the time or times of payment of the
principal of, premium, if any, and interest on the
Certificates, reduce the principal amount thereof, the
redemption price or the rate of interest thereon, or in any
other way modify the terms of payment of the principal of,
premium, if any, or interest on the Certificates, (2) give any
preference to any Certificate over any other Certificate, or
(3) reduce the aggregate principal amount of Certificates
required to be held by Holders for consent to any such
amendment, addition, or rescission.
SECTION 24: Covenants to Maintain Tax -Exempt Status.
(a) Definitions. When used in this Section 24, the
following terms have the following meanings:
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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.
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(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.
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(f) Not Federally Guaranteed. Except to the extent
permitted by section 149(b) of the Code and the regulations and
rulings thereunder, the City shall not take or omit to take any
action which would cause the Certificates to be federally
guaranteed within the meaning of Section 149(b) of the Code and
the regulations and rulings thereunder.
(g) Information Report. The City shall timely file with
the Secretary of the Treasury the information required by
section 149(e) of the Code with respect to the Certificates on
such form and in such place as such Secretary may prescribe.
(h) No Rebate Required. The City warrants and represents
that it satisfies the requirements of paragraph (2) and (3) of
section 148(f) of the Code with respect to the Certificates
without making the payments for the United States described in
such section. Specifically, the City warrants and represents
that
(1) the City is a
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.
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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.
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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.
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SECTION 40: Public Meeting. It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given, all as required by Article 6252-17, Vernon's Texas Civil
Statutes, as amended.
SECTION 41: Effective Date. This Ordinance shall take
effect and be in full force immediately from and after its date
of adoption shown below.
PASSED ON FIRST READING, August 21, 1990.
PASSED ON SECOND READING AND ADOPTED, this September 4,
1990.
TE
ity Secretary
(City Seal)
4 6 3 2 s
CITY OF SOUTHLAKE, TEXAS
Mayor
APPROVED AS TO LEGALITY:
City Attorney
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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.
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/&- 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
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/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
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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
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-27
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 2.0
ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY
ABSTRACT NO. 18, TRACT 4A16, AND MORE FULLY AND
COMPLETELY DESCRIBED IN 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
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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
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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
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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.
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CHEATHAM
AND
ASSOCIATES
August 30, 1990
Ms. Karen Gandy
Zoning Administrator
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: ZA 90-42: 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-
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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
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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,
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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
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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:
•
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DESIGNED
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NO. REVISION BY DATE CHECKED
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ROJECT NGINEER
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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... $41,300
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BY GARO$N CLUB
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PROP. BI -CENTENNIAL PARK HARSHEET 8
IMPROVEMENTS ASSOCIATED WITH
1
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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
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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 '
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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.
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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
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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
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. . MISCULANEOUS INFORMATION I � /'
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� . I . TEXAS NATIONAL BANK
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DRAINAGE STUDY I . RECORD OWNER . , I
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I SOUTHLAKE BANK PLACE .� TEXAS NAIIONAL BAW . SOUTHLAKE, TEXAS
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