1990-10-02 CC PacketM E M O R A N D U M
September 28, 1990
TO: Honorable Mayor Fickes and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest
City Council Meeting 10/2/1990
-------------------------------------------------------------
1. Work Session. After this session begins, the Mayor
will announce that the City Council is going into
executive session to discuss possible land
acquisition. The Mayor will announce that those in the
chambers may remain, since the City Council will go
elsewhere to physically look at sites. You will all go
in Sandy's suburban. She will do the certified
agenda. When you return, you will reconvene and
announce that no action will be taken. You will then
either go back into work session or begin the regular
session, depending upon the time.
We've discussed this with the attorneys, and have come
up with this process in order to allow you to review
the sites together and comply with the Open Meetings
Act.
2. Agenda Item No. 5. Interlocal Agreements whereby
Albert Puig at 2240 Kimball Road in Southlake may
acquire sewer service from the City of Grapevine. The
memo in your packet from Mike Barnes, Director of
Public Works, explains the need to place this item on
the agenda. There will probably be similar requests as
time goes by. We feel that this is in keeping with our
plan to connect others to the Grapevine sewer, as we
are able to do so, until such time as Southlake sewer
is available.
3. Agenda Item No. 7. Court of Record Ordinance. The
changes Council directed concerning the requirements
for the municipal judge have been incorporated. Also
note that in Section 8 (page 7-3) the effective date
has been changed to October 15.
This was done after discussion with the Judge and our
attorneys. The plea docket for October 3 was opened
September 7. This way, those who appear on the 3rd
will be informed that they can go to trial on October
10 if they choose, otherwise, the next trial date will
be October 24th which will be a Court of Record.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
September 28, 1990
Page 2
Concerning Court of Record and the salary of the
Judges and the appointment of a municipal court clerk,
there are two things I recommend:
(1) that the salary of the judge and alternate
judge be increased to reflect the added
responsibility and somewhat increased workload.
Although we expect an increase in workload, we
will not be able to ascertain the extent of this
until several months down the road. The increased
responsibility, however, is apparent. The fact
that the proceedings of our Court will now be
subject to review by a higher court places a
greater responsibility for attention to detail,
etc., that was not there before. We are looking
at other Courts of Record for comparisons, and
will have a recommendation to you by October 16,
the next Council meeting.
(2) that you appoint Julie Hinkle to the position
of Municipal Court Clerk at the salary Janie Borum
was making, $9.09 hourly/$18,907 annual
equivalent. This would be an increase of 8.85% in
Julie's current salary. The appointment would be
on a probationary basis. We would not only
monitor her performance but would also work
closely with her to see that things in the Court
receive proper attention. I've spoken with Judge
Bradley, Betsy Elam, our prosecutor, and Chief
Campbell. They all believe that Julie can do the
job. I concur with their assessment.
These two items can be discussed in executive session
under the personnel exemption, and the appointment of
the Court Clerk can be acted upon under the appropriate
action item.
4. Agenda Item No. 8. Police Reserve Ordinance. The
change you requested in the ordinance has been made.
This is reflected in Section VII of the ordinance which
provides that a reserve officer "...must be approved by
the City Council..."
5. Agenda Item No. 9. Ordinance No. 524, Texas Municipal
Retirement System Ordinance. This item was approved
in the 90-91 budget. The ordinance is the standard
ordinance required by the TMRS. The primary benefit to
our employees is the increased municipal contribution,
1-1/2 to 1 (or 1500 of the member deposits) since by
January 1, 1991 we will have had only two retirees,
including Bob Steele.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
September 28, 1990
Page 3
6. Agenda Items Nos 10 and 11. Developers Agreements for
Lonesome Dove and Cedar Oaks. Both of the agreements
are in the standard format we use. Note, however, on
page 10-10 under IV. Other Issues, for Lonesome Dove,
that we have required the developer to pay $500 per lot
and the builder to pay $500/lot water and $500/lot
sewer. Originally the developer had agreed to
$1500/lot, since this was the only way they could get
the 20,000 sq.ft. lot zoning. Also note that there is
no park fee requirement since it was final platted
previous to the ordinance.
Note that under the Cedar Oaks agreement there is no
off -site sewer. Also, they will provide off -site
drainage and pay the park fee.
7. Agenda Item No. 12. City Hall Parking Improvement
Bids. The Mike Barnes memo explains the bids. We
budgeted $30,000 for the improvements. The balance of
the $7,000 +/- will be used for the asphalt and base
material that is not part of the bid.
8. Agenda Item No. 13. Discussion of Firearms
ordinance. We do not expect to spend much time on
this item this meeting. We will have a proposed new
ordinance to you soon. We have the samples from other
cities to give you an idea of what others do.
OTHER ITEMS OF INTEREST
9. Joint Meeting With School Board. Mark Monday,
October 29, on your calendar as the date of a meeting
with the CISD School Board to discuss, among other
things the new school site.
10. TU Electric Rate Case. Attached for your information
is a memo from the Area Cities Steering Committee
concerning the status of the case. Note that the
Public Utilities Commission has tentatively scheduled a
regional public hearing in the case, to be held in Fort
Worth on Tuesday, October 23. We will let you know
when more details are available.
11. Zoning Ordinance Updates. Enclosed are the revised
pages to the Zoning Ordinance reflecting the amendments
pertaining to portable buildings, as provided for by
Ordinance 480-A. Remove the corresponding pages in
your copy of Ordinance #480 and substitute these pages.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
September 28, 1990
Page 4
12. Proposed Zoning Ordinance Amendments. The P&Z
members spent approximately 2-1/2 hours during its last
meeting reviewing proposed changes in the zoning
ordinance based upon problems they have experienced.
They will continue to review the ordinance as time
allows over the next several months. They did come up
with several suggested changes. These are discussed in
the P&Z minutes, a copy of which is included in your
Agenda Packet. Formal recommended changes from P&Z
will be forthcoming.
One amendment the P&Z discussed pertained to Section
45.6b of the Zoning Ordinance which reads as follows:
No alcoholic beverage use shall be located within
one thousand (1,000) feet of a church, public
school or public hospital.
During the discussion on proposed changes in the zoning
ordinance, City Council wanted the 1,000 feet
requirement. The attorneys mentioned during this time
that if challenged it may be difficult to sustain, but
that they might. They referred to the Alcoholic
Beverage Code. The pertinent sections are 109.33(a)
and 109.59(a) and (b). These are attached for your
review.
13. Court Reports to Austin. The State has indicated
that we may be required to file amended reports for the
last five years. It appears at this point that we will
not be required to pay the State additional money,
since we paid the State based upon total revenue
received. In fact, we may have actually overpaid. We
do know the statistical reports were incorrect. It's
difficult to understand how the data could be
incorrectly reported, in that the explanation is so
clear. Attached is a copy of the explanation in the
manual plus the last report filed with Austin which
indicates a large number of parking cases filed in
municipal court when, in fact, we do not average one
(1) per month. We will be auditing these records
shortly.
14. Attached for your review is draft of Zoning Guide we
are preparing for P&Z and BOA. I would appreciate it
if you would review to see if there are questions which
should be addressed that are not included.
15. Next week we will be audited by the Department of Labor
concerning time sheets and payroll records. I suspect
that someone has filed a complaint. Hopefully we will
know more by Tuesday.
P'e-
CEW4kX--1
CiyoFArkxjtonTe)m
0 C I 10Wa
SEP 2 41990
OFFICE ��TY V11
September 21, 1990
Office of the City Attorney
200 West Abram Street
(817) 459-6878
TO: MEMBERS OF THE STEERING COMMITTEE OF TEXAS UTILITIES ELECTRIC SERVICE
AREA CITIES
FROM: Jay Doegey, Chairman of the Steering Committee
SUBJECT: Status of the TU Electric Rate Case
TUEC BONDS IN PROPOSED RATES
The PUC Hearing Examiner refused to block the bonding in of TU Electric's
requested rates, in spite of the opposition of intervenors. The Cities
appealed the Examiner's ruling to the PUC, however, the PUC refused to hear the
appeal. The bonding in of rates by TU Electric allows it to begin collecting
the proposed rates in full, but requires the company to refund over -collections
which may occur as a result of any subsequent disallowance.
THE PRUDENCY PHASE OF THE PUC HEARING CONTINUES
Cross examination of TU Electric's witnesses in the prudency phase of the case
continues. Several individuals and panels have already testified. However,
cross-examination is proceeding very slowly because TUEC witnesses continue to
evade or otherwise give nonresponsive answers. Instead, Company witnesses
offer long-winded programmed responses to every question and continue to assert
TU made no mistakes, and that all the blame lies with the Nuclear Regulatory
Commission. Meanwhile, the Cities' lawyers seriously discredited TU's claims
that it was subjected to an extraordinary burden of proof by the NRC to demon-
strate the safety of the Comanche Peak plant. TU witnesses claimed that the
Nuclear Regulatory Commission should have relied upon the engineering judgment
of those building the Comanche Peak plant, and should not have required TU to
provide more specific, tangible evidence. Contradicting this theory was TU's
own expert who in a previous case had testified that engineering judgment alone
was no longer satisfactory in a licensing board hearing. Other TU witnesses
continue to deny any programmatic breakdowns at Comanche Peak in spite of
overwhelming documentary evidence to the contrary. (See attachments.)
Since the beginning of this case, TUEC has made doom and gloom predictions
concerning its financial integrity and its ability to sell bonds if it does not
receive all of the requested rate relief. However, TU's own evidence shows
that TUEC projects a robust increase in common stock dividends. TUEC's Exhibit
133, Schedule SCH-1, Page 2 of 4, shows common stock dividends increase as
follows:
101 West Abram Street . Box 231 . Arlington, Texas 76004-0231 • (817) 275-3271 • (Metro 817) 265-3311
September 21, 1990
Page 2 1
1990 1991 1992
$597.9 million $634.1 million $659.6 million
1993
$673.0 million
When compared with 1989's common dividend of $542.3 million TUEC plans to give
a 17% increase in dividends by 1991. Furthermore, a PUC Staff's Company -
friendly witness has testified that the 1991 financial ratios, projecting 20%
and 40% base rate cuts, and with no CWIP, are approximately the same as the
1988-89 ratios - a time when TUEC was not anywhere near bankruptcy.
PUC'S PROPOSED RATE CASE REIMBURSEMENT RULE
On September 19, 1990, the Public Utility Commission, after little discussion,
decided to create a committee chaired by Commissioner Marta Greytok, and
composed of various interested parties, including Cities, to discuss and try
and formulate a proposed rate case reimbursement rule. The PUC staff had
previously taken inputs from various parties (including TUEC Steering Committee
comments and TML comments) and was moving close to an acceptable rate case
reimbursement rule. The latest PUC staff version had deleted the requirement
that Cities first pay rate consultants' invoices before the PUC could approve
reimbursement. Also removed from the latest PUC staff draft was language which
would have permitted surcharging of Cities' rate case expenses. Commissioner
Campbell expressed the desire to have a representative of the TUEC Cities on
the committee.
REGIONAL PUC HEARING ON TUEC RATE CASE \
The Public Utility Commission has tentatively scheduled a regional public
hearing on the TUEC rate case in Fort Worth on October 23, 1990. More details
will be forthcoming. It will be important for Steering Committee representa-
tives to get the word out so that the hearing will be well attended.
COMANCHE PEAK PLANT SHUTDOWNS
The Comanche Peak plant has continued to suffer through a series of
malfunctions which have resulted in numerous shutdowns, particularly during
September. (See attached articles.)
JBD/mcb
Attachments
Jay B. Doegey
Chairman of the Steering Committee
9
R11
PARKING SPACE RATIO - The ratio of the parking spaces to one
dwelling unit on the site. The total number of parking
spaces is the minimum number of car spaces per dwelling unit
for the district in which the site is located times the
number of dwelling units.
PERMITTED USE - Any use allowed in a zoning district and
subject to the restrictions applicable to that zoning
district.
PLANNING AND ZONING COMMISSION - The agency appointed by the
City Council as an advisory body to it and which is author-
ized to recommend changes in the zoning of property or the
text of the Zoning Ordinance.
PLAT - A plan of a subdivision of land creating building
lots or tracts and showing all essential dimensions and
other information essential to comply with the subdivision
standards of the City of Southlake and subject to approval
by the Planning and Zoning Commission. The plat must be
prepared by a professional civil engineer registered in the
State of Texas or a Public Surveyor registered in the State
of Texas. Reference to a plat in this ordinance means an
official plat of record which has been approved by the
Planning and Zoning Commission and filed in the plat records
of Tarrant County.
PORTABLE BUILDING - A building which is preassembled off -
site and designed to be moved from site to site. (As
amended by Ordinance No. 480-A.)
PREMISES - Land together with any buildings or structures
occupying it.
PRIVATE CLUB - A group of people associated with or formally
organized for a common purpose, interest or pleasure,
including organizations with facilities for the storage,
sale, possession or serving of any alcoholic beverage
permitted by the laws of the State of Texas, and where none
of such facilities are available except to members or their
guests.
PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space,
other than a street or alley permanently established or
reserved or dedicated in private ownership as the principal
means of vehicular access to property abutting thereon.
OUARRY OR MINING - The storage, display or sale of ore,
clay, stone, gravel, topsoil, or similar materials. The
process of quarrying, mining, dredging, removing, screening,
crushing and/or washing shall be a use included in this
definition. This definition does not include the storage,
display or sale of such materials when the same is
incidental to the operation of a use such as nurseries,
hardware stores, etc., and which uses are already spec-
ifically provided for in specific district regulations
otherwise in this ordinance.
4-14
45.1
45.2
SECTION 45
SPECIFIC USE PERMITS
GENERAL PROVISIONS - The uses listed in this section are
prohibited in the City of Southlake unless and until a
specific use permit is granted for such use by the City
Council in accordance with the requirements and procedures
set forth in this Section. A specific use permit shall -be
required for the following uses:
USE DISTRICT WHERE PERMITTED
1. Sale of alcoholic beverages.
2. Outdoor entertainment centers
(including ball parks,
miniature golf courses,
golf driving ranges, batting
cages, carnivals, archery
ranges and similar uses).
3. Boarding kennels
4. Portable buildings not
otherwise permitted
under this ordinance.
(As amended by Ord. 480-A)
0-2, C-1, C-2, C-3,
C-4
C-31 C-4, B-2, I-1
I-2
C-3, C-4, B-2, I-1
All except RE, SF-lA
SF-1B, SF-30, SF-20A
SF-20B, MF-1, MF-2
and MH
SITE PLAN - An approved site plan shall be a prerequisite
to the approval of a specific use permit. Information
required to be submitted, approval of the site plan and
any administrative action shall be in accordance with
Section 40 of this ordinance to the extent such
requirements are applicable.
45.3 HEARING AND PROCEDURE - A specific use permit may only be
granted following a public hearing before the Planning and
Zoning Commission and the City Council in accordance with
the same notice and hearing requirements as for zoning
changes as set forth in Section 46 of this ordinance.
45.4 GENERAL REQUIREMENTS
a. Any use permitted hereunder shall meet the minimum
requirements provided in the district in which it is
located.
b. A specific use permit shall automatically expire if a
building permit is not issued and construction begun
45-1
within six (6) months of the granting of the specific
use permit or if the use shall cease for a period of
six (6) months.
45.5 FACTORS TO BE CONSIDERED - In granting or denying an
application for a specific use permit, the City Council
shall take into consideration the following factors:
a. Safety of the motoring public and of pedestrians
using the facility and the area immediately
surrounding the site.
b. Safety from fire hazard, and measures for fire
control.
C. Protection of adjacent property from flood or water
damage.
d. Noise producing elements; and glare of vehicular and
stationary lights and effect of such lights on
established character of the neighborhood.
e. Location, lighting and type of signs; and relation of
signs to traffic control and adverse effect on
adjacent properties.
f. Street size and adequacy of pavement width for
traffic and reasonably expected to be generated by
the proposed use around the site and in the immediate
neighborhood.
g. Adequacy of parking, as determined by requirements of
this chapter for off-street parking facilities for
similar uses; location of ingress and egress points
for parking and off-street loading spaces; and
protection of the public health by all weather
surfacing on all parking areas to control dust.
h. Such other measures as will secure and protect the
public health, safety, morals and general welfare.
45.6 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES
a. For any business which derives more than seventy-five
(75) percent of its gross revenues from the on -
premises sale of alcoholic beverages, the City
Council may require more stringent standards as it
deems necessary to adequately protect adjacent
properties.
b. No alcoholic beverage use shall be located within one
thousand (1,000) feet of a church, public school or
45-2
public hospital. Such measurement shall be made as
the crow flies.
45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS
Portable buildings approved as a specific use shall be
subject to the following requirements (as amended by
Ordinance No. 480-A):
a. Approval
temporary
shall be
subject
periods.
of a portable building shall
basis only. Any permit granted
for a maximum period of three
to renewal for additional one
be on a
hereunder
(3) years
(1) year
b. All portable buildings shall be constructed in
accordance with the appropriate state or federal code
which regulates their construction or shall meet all
requirements of the City's building codes.
C. Portable buildings shall be placed upon a permanent
foundation and shall have a masonry facade meeting
the requirements of the City's Masonry Ordinance. In
addition, hard surfaced parking shall be provided for
portable buildings. The City Council may waive these
requirements where it determines that due to the
location of the portable building on the premises or
due to other unique circumstances, said requirements
are not necessary to protect the health, safety and
welfare of the public and that they would impose an
unnecessary hardship on the applicant.
d. Portable buildings shall be maintained in a neat and
presentable condition at all times. Upon expiration
of the specific use permit, the portable building
shall be immediately removed and the premises shall
be restored to their previous condition. The City
Council may, in its discretion, require the applicant
to post a bond in a reasonable amount to assure that
removal, clean-up and restoration are accomplished as
required herein.
e. The site plan for the portable building submitted in
accordance with Section 45.2 above, shall contain a
narrative explanation describing the applicant's
plans to transition the portable building to a
permanent structure.
45-3
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OFFICIAL MUNICIPAL COURT MONTHLY REPORT
00
FMUNICIPAL
F: Southlake
TRAFFIC MISDEMEANORS
NON -TRAFFIC MISDEMEANORS
TH OF: June 19 90
NON-
PARKING
PARKING
STATE
LAW
CITY
ORDINANCE
1. CASES FILED DURING THE MONTH
454
113
21
2
2. DISPOSITIONS PRIOR TO TRIAL:
A. Deposit Forfeitures
23
17
21
B. Payments of Fine
(Before trial only It the defendant goes before the
166
90
10
3
judge. enter in item 3.)
C. Cases Dismissed
(Do not include here those dismissals which are
reported separately in item 4 below.)
16
7
3. DISPOSITIONS AT TRIAL
(It there is no appearance before the judge, enter in item 2
A. Trial by Judge
(1) Finding of Guilty
32
23
16
(2) Finding of Not Guilty
12
9
S. Trial by Jury
(1) Finding of Guilty
(2) Finding of Not Guilty
4. CASES DISMISSED:
49
A. After Defensive Driver's Course
B. After Deferred Disposition (Art. 45.54 C.C.P)
C. After Proof of Financial Responsibility
iusually. liability insurance)
23
5. CASES APPEALED
147
6. JUVENILE ACTIVITY:
11. SAFETY RESPONSIBILITY AND
DRIVERS LICENSE SUSPENSION
A. Warnings Administered
7
HEARINGS HELD
12. SEARCH WARRANTS ISSUED
B. Statements Taken
(Do not include warrants for arrest)
(In accordance with Texas Family Code.
Sec. 51.09(b).)
13. ARREST WARRANTS ISSUED
C. Detention Hearings Held
111
14. STATUTORY WARNINGS GIVEN
(In accordance with Texas Family Code, Sec. 54.01.)
(Warnings given to defendants charged with
County or District Court offense)
7. COUNTY COURT COMPLAINTS
ACCEPTED (Complaints within jurisdiction of
County Court accepted in magistrate capacity)
15. EMERGENCY MENTAL HEALTH
WARRANTS ISSUED
8. FELONY COMPLAINTS ACCEPTED
16. TOTAL REVENUE
(Complaints within jurisdiction of District Court
accepted in magistrate capacity)
(Include all revenues collected during month to be remitted to city or
9. EXAMINING TRIALS CONDUCTED
state.)
(Include only preliminary hearings of felony cases)
$ 21,922.50
10. INQUESTS CONDUCTED
2 10 11 1♦
LICCODING I I I I I I I
KNii
In order to conduct the studies of the judicial system, the Office
of Court Administration provides the courts with a report form. This
report should be sent in no later than the 20th day following the end
of the month being reported. The monthly report form is designed to
record the activity of the court. In order to collect the data necessary
to complete the report form, the court must establish procedures for
organizing and maintaining the required statistics.
Let's look at the report form itself (See Illustration 13-5, located
at the end of this chapter for Official Municipal Court Monthly Report
Form.) The types of cases filed in the municipal court are divided into
two major categories: Traffic Misdemeanors and Non -Traffic
Misdemeanors. The following is a breakdown of those categories:
(Copies of the Official Municipal Court Monthly Report form can be
obtained from the Office of Court of Administration -- See Chapter III
page 19 for telephone number and address.)
Traffic Misdemeanors
This category includes all Class C misdemeanor violations
of the traffic laws of Texas and other violations of laws
relating to the operation or ownership of a motor
vehicle.
- Non -Parking. Includes all those violations (for
example, Speeding, Stop Sign, Red Light, Inspection
Sticker, Drivers License, Registration, Liability
Insurance, etc.) which do not involve offenses for
improper parking.
- Parking. Includes those offenses violating State law
or city ordinance which involve the improper
standing of a vehicle (for example, Parking on
HighRill
i ht-of-Way, Within an Intersection, Over
Parkiway ng, etc �.
Non -Traffic Misdemeanors.
This category includes all other Class C misdemeanor
criminal violations.
,,'aw •
State Law. Includes violations found in the Texas
Penal Code such as Public Intoxication, Disorderly
Conduct, Failure to Appear, Assault, Theft under
$20.00, etc., and associated State laws such as Parks
and Wildlife violations.
City Ordinance. Non -traffic offenses found in the
ordinances of the city (for example, Zoning, Animal
Control, Building Inspection, etc.)
The rest of the report is broken down into specific items under
each category. Each of these different areas are discussed in the
following paragraphs.
Item 1. Cases Filed During the Month.
In each appropriate category, enter the number of cases
filed in the court during the month covered by this
report. Do not include in Item 1 cases that were filed
in previous months.
Item 2. Dispositions Prior to Trial.
Report all dispositions (cases in which the court has
taken final action) which occurred during the month
covered by this report.
a. Deposit Forfeitures. Enter the number of cases
where deposits to ensure appearance (also called
bonds, appearance bonds, etc.) were forfeited during
the month.
b. Payments of Fine. Enter the number of cases that
were disposed of in the month covered by this
report by payment of fine without going before the
judge. Include payments made by mail and those
made to court clerks.
C. Cases Dismissed. Enter the number of cases that
were disposed of in the month covered by this
report by being dismissed. Do not include
dismissals after Defensive Driving course, after
deferred disposition or upon proof of financial
responsibility (usually liability insurance).
Item 3. Dispositions at Trial (includes only appearances
before the judge).
a. Trial by Judge. Enter the number of cases that
were disposed of in the month covered by this
report by going before the judge. Report whether
the verdicts were guilty or not guilty.
ZONING GUIDE
FOR
CITY COUNCIL
PLANNING AND ZONING COMMISSION
AND
ZONING BOARD OF ADJUSTMENT
August 1990
M E M O R A N D U M
September 18, 1990
TO: Honorable Mayor and Members of City Council, Planning
and Zoning Commission, and Zoning Board of Adjustment
FROM: Curtis E. Hawk, City Manager
SUBJECT: Zoning Guide
The enclosed material is designed to help you perform your duties.
If you feel the need for clarification of any matter touched upon
in this material, please feel free to contact me or notify the
Zoning Administrator, Karen Gandy or Public Works Director, Michael
Barnes.
CEH/kb
Some problems seem to reoccur; therefore, in an effort to deal with
these situations, the following questions and answers are going to
be provided to all Planning & Zoning Members.
Zoning Questions
1. Can the area of land subject to a zone change be increased?
No. The reason a zone change area cannot be increased is
that there would not be a proper notice for the increased
area. For a zoning change to occur, all the land subject
to the zone change must have been set out in the notice,
which is mailed to adjacent property owners. This notice
is required by State statute and the City's zoning
ordinance.
2. Can the area of land subject to a zone change be reduced?
Yes. In this case the people who would be affected by a
zone change have been notified. The fact that a change
has been made only on a portion of the area is in no way
injurious to the neighbors. The neighbors have been
notified of the most amount of land subject to a zone
change.
3. Can the area of land subject to a zone change be zoned to a
more intense (less restrictive) use than it was advertised?
No, the neighbors would not have a proper notice that a
more intense use of the property was proposed. The
notice would be inadequate.
4. Can the area of land subject to a zone change be zoned to a
less intense (more restrictive) use than it was advertised?
Yes. The neighbors have no basis to complain if a more
restrictive district is recommended. A more restrictive
use is one contained in a lower cumulative zoning
district.
THE DECISIONS ON THE ABOVE SITUATIONS ARE BASED ON NOTICE. PROPER
NOTICE SHOWING THE MOST DRASTIC CHANGE TO BE CONSIDERED IS A
PREREQUISITE TO A VALID ZONE CHANGE.
5. Can the Planning and Zoning Commission, on its own motion,
reduce the area of land or reduce the intensity of zone change
even if the proponent doesn't want either or both changes?
Yes. The Planning and Zoning Commission has the power to
recommend more restrictive zone changes and the power to
reduce the area to be changed even if the proponent is
opposed to the changes.
6. Does the City Council have the power to reduce the area of
land subject to zone change?
Yes. The City Council may reduce the land subject to a
zone change upon a recommendation by the Planning and
Zoning Commission or upon its own motion.
7. Does the City Council have the power to zone property to a
less intense (more restrictive) use than was considered by the
Planning and Zoning Commission?
Yes. The City Council zones property in the best
interest of the public. All zoning in the city must
respect the City's Comprehensive Plan, must substantially
promote the public health, safety, morals and welfare,
and must be reasonable. The City Council is charged with
making these determinations regardless of whether the
property owner has applied for the change in zoning.
When the Council down zones property on its own motion,
however, courts will tend to review the down zoning under
a stricter scrutiny to determine if the adopted zoning
denies the property owner reasonable use of his land. A
related issue is whether the City Council should first
send a proposed down zoning back to the Planning and
Zoning Commission for a recommendation before taking
final action. Although Texas law is unclear, there
exists case authority that any kind of report from the
Planning and Zoning Commission is adequate for the City
Council to take action.
The principles applicable are as follows:
` 1. The uncertainty that exists in Texas Law.
2. A belief that it is desirable for Planning and
Zoning to consider all proposed districts before
Council acts.
3. The confidence the City Council has in the Planning
and Zoning Commission's decisions.
Therefore, before the City Council votes on whether to
down zone property, it may wish to send the case back to
the Planning and Zoning Commission for a reconsideration
and recommendation.
8. If a zone change is denied by the City Council can the
proponent request the same zone change at its next meeting?
No. When a zone change request is denied, the same
request cannot be reconsidered for six (6) months from
the date of denial unless the application was denied
without prejudice.
9. If the same zone request can't be made for six (6) months,
does that mean no zone changes can be considered on the
property?
No. It just means that the same change cannot be
requested. The zoning ordinance prohibits a property
owner from filing a zoning application for the same
action on the same property. Whether the zone request is
similar enough to the original application so as to
constitute the same action is a question of fact to be
determined by the Planning and Zoning Commission.The
original request might be for C-2 and be denied. A
later request for C-1 might be found by the Planning
and Zoning Commission to not be a similar request. The
proponent might also add to or delete land that is
subject to his rezoning request. These factors would
also be considered. Therefore, zone changes on the
property can be made.
10. What is spot zoning and is spot zoning legal?
No. Spot zoning is not legal. The zoning laws require
that zoning be "in accordance with a comprehensive
plan." In order to amend its ordinance to rezone an
area, "a change of conditions" must be shown. The term
"spot zoning" is used in Texas to note an unacceptable
amendatory ordinance that singles out a small tract of
land for treatment that differs from that accorded
similar surrounding land and violates the comprehensive
plan without proof of changes of conditions. Spot zoning
is regarded as a preferential treatment which defeats the
objectives of a pre -established comprehensive plan. In
determining whether a rezoning constitutes spot zoning, a
court will look at four factors:
1. Whether the rezoning respects the comprehensive
plan;
2. The nature and degree of adverse impact upon
neighboring lands;
3. The suitability or unsuitability of the tract
for use as presently zoned; and
4. Whether the rezoning bears a substantial
relationship to the public health, safety,
morals or general welfare.
The power to amend cannot be arbitrarily exercised. It
cannot be exercised merely because someone wants it
done. Amendments can be made when the public good
demands and requires it be done. When the adjoining
landowners buy their land, they have a right to rely upon
the classification which existed at the time the purchase
was made.
Some possible factors for the Council to consider in
determining if spot zoning exists are the following:
(a) Have the structures in the area declined or
changed?
(b) Has the neighborhood or area changed from one
use to another?
(c) Has there been a traffic flow change?
(d) Will this change conform to the Comprehensive
Plan?
(e) Are there any other pieces of property
available for this use?
(f) Will the
change
be
compatible with existing
property
uses in
the
area?
(g) Will the change increase traffic in the area?
(h) The size, shape, and characteristics of the
tract.
(i) In relation to the surrounding area, will the
zone change be a zone change not conforming to
adjacent uses or would it fit in with the
comprehensive plan?
(j) Can the public works infrastructure support the
proposed change.
11. Can the Planning and Zoning Commission or City Council
restrict the proponent's zone change to a particular kind of
activity?
No. If you mean - can I restrict a zone change request
say for C-3 General Commercial District for a commercial
art gallery, to just a commercial art gallery? Once the
property is zoned for a particular use, all uses that are
allowed in that district may be placed on the property.
This should be considered when property is rezoned.
Sometimes a proponent is unable to complete a sale, due
to no fault of the proponent. The property would be
rezoned and could be bought by a new owner and used for
anything allowed in the C-3 district.
The City Council may of course restrict the use of
property to limited, specified uses under an S-P-1,
S-P-2, or PUD zoning district. These districts allow the
City Council to tailor -fit the zoning ordinance to the
property and its surroundings.
12. Can structural restrictions be placed on the zone change?
No. Special physical conditions such as fences, hedges,
lighting, etc. cannot be required as a condition of a zone
change unless specifically authorized in the zoning
ordinance. Many of these conditions, however, are
specifically authorized in conjunction with site plan approval
for S-P-1, S-P-2, PUD and other uses.
13. Can we bargain with or enter into an agreement with the
proponent to get safeguards we desire before zoning the
property?
No. Contract zoning is not allowed in Texas. Contract
zoning occurs where the Planning and Zoning Commission or
City Council bargains with the landowners to allow
favorable zoning if the landowners will do certain
things. The reason this approach is illegal is that
zoning is a governmental function that cannot be
contracted away. The more conditions appear to be part
of a contract, the more likely it is the zone change can
be challenged.
Conditional Zoning, unlike contract zoning, has become
accepted in Texas, and would allow the Planning and
Zoning Commission or City Council to place conditions on
uses of property, as in the S-P-1, S-P-2, and PUD
districts.
14. Can the Planning and Zoning Commission initiate a zone change?
Yes. The City's Comprehensive Zoning ordinance
authorizes either the Planning and Zoning Commission or
the City Council to initiate a study to see if land
should be rezoned. This study and rezoning may take
place even if the proponent is opposed to the change.
15. What is the relationship of planning to zoning?
The zoning regulations must be made in accordance with
the City's comprehensive plan. Changed conditions such
as noted in the discussion of a spot zone must be shown
to justify a zone change. The logical way to show that
the public health and welfare necessitates a change is
through a plan or study. Planning and Zoning must
therefore go together.
16. What is a Comprehensive Plan?
The State Zoning Enabling Act requires that zoning
regulations be adopted in accordance with a comprehensive
plan. A Comprehensive Plan analysis the community's
growth and development trends and potential, determining
the most desirable direction for growth, and takes into
consideration the availability and necessity of
transportation, utilities, schools, parks, capital
improvements and other community services necessary to
accommodate and facilitate the desired land uses. The
Comprehensive Plan might be likened to a planning
process, whereas the zoning ordinance and zoning map
operate to implement that planning process. The
Comprehensive Plan formulates the goals of the city
regarding land use and services to guide the planning and
Zoning Commission and City Council in how to zone
property within the city. It should be remembered that
the Comprehensive Plan should always be reviewed and
respected by the Planning and Zoning Commission and City
Council in making a rezoning decision. However, the
Comprehensive Plan is not etched in stone and does not
bind the City in making zoning decisions. In Southlake,
the City's Comprehensive Plan consists of a land use
plan, a water system plan, a sanitary sewer system
plan,and a major Thoroughfare Plan. Typically, a
Comprehensive Plan will also contain transportation and
other public improvement elements.
Platting Questions
1. Can a plat be tabled?
No. Under State law a plat is automatically approved if
it is not disapproved within 30 days after it is filed.
Therefore, unless consideration of a plat is continued
upon the request of the applicant, the Planning and
Zoning Commission must disapprove the plat within that
time period. otherwise, it will be approved by operation
of law.
2. Can a plat that is disapproved be considered at the next
meeting?
Yes. There is no time period that you must wait before
asking for reconsideration of a plat.
3. Can a plat be approved subject to the staff working out
certain problems?
No. The plat must be approved or disapproved with
specific conditions set out. If, for example, the only
defect is that the proponent failed to sign the plat, it
may be approved subject to this specific blank being
filled in. If a road is, by oversight, not put in from a
specific point to a specific point, the plat may be
approved subject to it being put in as set out in the
motion. If a mere ministerial act has not been
completed, the plat may be approved. Plats not filled in
and not completed may not be approved subject to working
out the details. The Planning and Zoning Commission
cannot delegate to the staff its responsibility to ensure
that the plats conform to the general plans, rules and
regulations of the city governing streets, alleys,
parks, and other community facilities.
4. If a plat conforms to all the laws, must the Planning and
Zoning Commission approve the plat?
Yes. If the plat conforms to the general plan of the
city, its streets, alleys, parks, playgrounds, public
utility facilities, sewer, water, and all general rules
and regulations governing plats, then it shall be the
duty of the City Planning and Zoning Commission to
approve the plat submitted.
5. If a plat is denied by the Planning and Zoning Commission, can
it be approved by the City Council?
Yes. The Planning and Zoning Commission makes a
recommendation to the City Council on each preliminary
and final plat submitted tot he City. The City Council
has final authority on the approval or disapproval of any
plat.
Some problems seem to reoccur; therefore, in an effort to deal with
these situations, the following questions and answers are going to
be provided to all Zoning Board of Adjustment members.
1. Can the area of land subject to variance or special exception
be increased?
No. The reason a variance or special exception cannot be
increased is that there would not be a proper notice for
the increased area. For a request to be granted, all the
land subject to the request must have been set out in the
notice, which is mailed to adjacent property owners.
This notice is required by City Ordinance.
2. Can the area of land subject to a variance or special
exception be reduced?
Yes. In this case the people who would be affected by a
variance or special exception have been notified. The
fact that a change has been made only on a portion of the
area is in no way injurious to the neighbors. The
neighbors have been notified of the most amount of land
subject to the variance or special exception.
THE DECISIONS ON THE ABOVE SITUATIONS ARE BASED ON NOTICE. PROPER
NOTICE SHOWING THE MOST DRASTIC CHANGE TO BE CONSIDERED IS A
PREREQUISITE TO A VALID VARIANCE OR SPECIAL EXCEPTION.
3. Can the Zoning Board of Adjustment, on its own motion, reduce
the area of land even if the proponent doesn't want the change?
Yes. The Zoning Board of Adjustment has the power to
approve a variance or special exception up to the
original request and the power to reduce the change even
if the proponent is opposed to the change.
4. If a variance or special exception is denied by the Zoning
Board of Adjustment, can the proponent request the same change
at the next meeting?
Yes. Unlike zone changes, there is no limitation on
reapplication for a variance or special exception.
5. Can structural restrictions be placed on the variance or
special exception?
Yes. A fence, hedge, or other physical conditions can be
included on a variance or special exception. The zoning
ordinance allows the Board to prescribe appropriate
conditions and safeguards on any granted variance or
special exception. These conditions must be reasonable.
6. Can we bargain with or enter into an agreement with the
proponent to get safeguards we desire before granting a
variance or special exception?
No. Just as with contract zoning, bargaining for
variance or special exception is not allowed. Contract
zoning occurs when the Board bargains with the landowner
to allow a favorable decision if the landowner will do
certain things. The reason this approach is illegal is
that the consideration of a variance or special exception
is a governmental function that cannot be contracted
away. The more conditions appear to be part of a
contract, the more likely it is that the variance or
special exception can be challenged. This does not
affect the Board's right to require reasonable conditions
as it deems necessary to protect surrounding properties
wherever it grants a variance or special exception.
7. What is the relationship of the Zoning Board of Adjustment to
the Planning and Zoning Commission?
The ZBA is the escape valve for the Zoning Ordinance.
When the land doesn't fit the ordinance mold, the Board
is authorized to act as prescribed by State law and City
ordinance.
8. What are the powers of the Board as prescribed by State law
and City ordinance?
The powers of the Board fall into three (3) areas.
(1) Administrative Review: The Zoning Board of
Adjustment is charged with hearing appeals from
orders, requirements, decisions, or interpretations
of the Zoning Administrator. The role of the ZBA is
to merely interpret the zoning ordinance to
determine what is or is not allowed. The Board's
function is not to rewrite the ordinance, but to
fill the gaps. The Planning and Zoning Commission
• and City Council legislate or write or rewrite the
ordinance.
(2) Special Exceptions: A Special Exception Permit
may be granted for individuals when the granting of
the permit will not adversely affect the public
interest. A Special Exception Permit is an unusual
use that is expressly permitted by the ordinance
itself. The only special exceptions that may be
granted by the ZBA are those specifically listed in
Section 44.12 of the Zoning Ordinance. A site plan
is required to be submitted with all applications
for a special exception. In granting a special
exception, the Board should find that the special
exception is wholly compatible with the use and
permitted development of adjacent properties.
Special exceptions are designed to control those
uses which, by their nature, should not be allowed
to exist in certain areas until after a public
hearing has been held to determine whether or not
that special use will adversely affect the
surrounding area (the public interest) and the City
of Southlake.
(3) Variances: Unlike special exceptions, the ZBA may
grant variances to the terms of the zoning ordinance
where it deems appropriate, as long as they meet the
requirements of the ordinance and State law. The
requirements for a variance are as follows:
a) Special conditions and circumstances exist
which are peculiar to the land or improvements
involved and which are not applicable to other
lands or improvements thereto in the same
district.
b) That literal interpretation of the provisions
of the zoning ordinance would result in
unnecessary hardship to the owner of the
property.
c) That the granting of the variance will not
confer on the applicant any special privilege
that is denied to other properties in the same
district.
d) That the special conditions and circumstances
do not result from the action of the
applicant. Possible questions to address to
the applicant would be the following:
1) Are there any peculiar topographical
features of your lot? Does it have
peculiar shape? Is there any creek or
hill or other peculiar conditions that
exist on your property?
2) Can the building or structure be relocated
on the lot in a manner which would conform
with the ordinance?
ALL OF THE ABOVE 4 CRITERIA MUST BE SATISFIED.
Financial hardship alone will not support a
variance.
Variances are proper only in exceptional cases. If
it is clear that everyone should be allowed to build
closer than what is presently allowed, a request
that setbacks be examined is in order. If the
ordinance is too restrictive, the City Council
should amend it.
10. Is there
any
limitation on
the power of the Board to grant
variances,
if
the criteria is
satisfied?
Yes. The ZBA's power to grant variances is typically
limited to varying the zoning ordinance's development
regulations in appropriate cases. Under the stated
guidelines, the Board can grant a variance to the height,
setback, number of stories, lot coverage, or similar
development of a structure. The Board cannot grant use
variances. The Board could not, for example, allow a
proponent to operate a restaurant in a residential
district. The power to legislate or rezone is
specifically reserved to the Planning and Zoning
Commission and the City Council. Except for this
restriction on use variance, the Board may, when the
criteria for variance is satisfied, grant a variance on
most provisions of the Zoning Ordinance. The Board
should also be careful not to usurp the intent of the
zoning ordinance when it grants a variance. For example,
the SF-lA and SF-lB Single Family Residential Districts
contain identical use and development regulations except
that the minimum floor area of the dwelling must be 2000
square feet in an SF-lA district and 1500 square feet in
an SF-lB district. If an applicant in an SF-lA district
desires to build a 1950 square foot dwelling, this might
be appropriate for the Board to rule on. However, if he
desires to build a 1550 square foot structure, this
should more appropriately be referred to the Planning and
Zoning Commission for a rezoning to SF-lB.
11. How many affirmative votes does it take to overturn a staff
decision or approve a variance or special exception?
Four (4) affirmative votes are required for the Board to
overturn a staff decision or approve a variance or
special exception.
12. If a variance or special exception is denied by the Board, can
it be appealed to the City Council.
No. All decisions of the ZBA are final. An appeal of
the Board's decision is by writ of certiorari to the
District Court. The only issue before the court is the
legality of the Board's decision. The District Court can
overrule your decision only if it finds no reasonable
person could have made the same decision as the Board
did, which is quite a heavy burden of proof.
City of Southlake, Texas -
M E M O R A N D U M
September 28, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Minutes of City Council Meeting/September 18.
The Minutes of the City Council meeting held on September
18, 1990, will be forwarded to you at the end of the day on
Monday, October 1.
I am sorry, but with the extra activities, I have not been
able to finish them. Hopefully, after the Sunday event, I
will be able to get back on schedule.
Thank you for being patient.
L/sl
Q
i City of Southlake, Texas —
M E M O R A N D U M
September 28, 1990
To: Curtis E. Hawk, City Manager
From: Michael H. Barnes, P.E., Director of Public Works
Subject: INTERLOCAL SEWER AGREEMENT WITH GRAPEVINE
Mr. Albert Puig, who lives in Southlake, has requested sewer
service from the City of Grapevine. Mr. Puig lives at 2240 Kimball
Road (see attached map). It is my understanding that the City of
Grapevine, by Council action, has given Mr. Puig their permission
to tie into their system, provided that the City of Grapevine and
Southlake enter into an interlocal agreement for sanitary sewer
services similar to the agreement with Park Place.
Attached is a proposed interlocal agreement between Southlake and
Grapevine allowing Mr. Puig to tie into the Grapevine sanitary
sewer system. According to the agreement, Grapevine would charge
the City of Southlake 1.25 times the rate charged to water
customers in Grapevine ($1.95 per thousand gallons) or $2.43 per
thousand gallons.
Also attached is a proposed agreement between Southlake and Mr.
Puig allowing Mr. Puig to tie into the Grapevine sewer system. The
agreement is the same format that was agreed to with Park Place.
Mr. Puig agrees to pay the City of Southlake 1.35 times the rate
charged to Grapevine customers or $2.63 per thousand gallons. The
difference in charges will allow the City to recoup its
administrative costs.
The proposed agreements were prepared by the attorneys for City of
Grapevine. The agreements are similar to the Park Place sewer
agreements.
Should the City Council choose to act favorably on the request,
their vote to this end will be reflected in the Council minutes to
authorize the Mayor to enter into the Agreements as presented.
MW-b
MHB/lc
attachment: Interlocal agreement with Grapevine
Proposed agreement with Mr. Puig
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STATE OF TEXAS
* INITERLOCAL AGREEMENT FOR
COUNTY OF TARRANT * SANITARY SEWER SERVICES
This Interlocal Agreement for Sanitary Sewer Services (the
"Agreement") is made and entered into by and between the Citv of
Grapevine, Texas, a municipal corporation located in Tarrant
County, Texas, ("Grapevine") and the Cit, of Southlake, Texas, a
municipal corporation located in Tarrant County, Texas
("Southlake").
WHEREAS, Grapevine and Southlake desire to enter into an
interlocal agreement at the request of Southlake to provide
sanitary sewer service to 2240 Kimball Road ("the Property")
located in Southlake, Texas, and
WHEREAS, Article 4413(32c), Vernon's Texas Civil Statutes, as
amended (the "Act") provides authorization for municipalities to
contract with one another for the performance of governmental
functions and services under the terms of the Act; and
WHEREAS, Grapevine has suf=icient capacity in its treatment
facility to accommodate Southlake's request; and
WHEREAS, both Grapevine and Southlake have current revenues
available and allocated to cover their respective performance
requirements under this Agreement; and
WHEREAS, the need for Grapevine to provide sanitary sewer
service is due to the unavailability of treatment facilities in
Southlake; and
WHEREAS, Southlake intends to have adequate treatment
facilities constructed and operating to accommodate the Property in
the future; and
WHEREAS, it would be to the benefit of both parties for
Grapevine to provide sanitary sewer service as provided by the
terms of this Agreement; and
WHEREAS, it is mutually advantageous to both parties to enter
into this Agreement.
.-5-- 3
W I T N E S S E T H:
NOW, THEREFORE, for and in consideration of the mutual
covenants, terms and conditions set forth herein, and the mutual
benefits to each party, the receipt and sufficiency of which are
hereby acknowledged, Grapevine and Southlake hereby contract,
covenant, warrant and agree as follows:
I.
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement
are true and correct and are hereby incorporated into the body of
this Agreement as though fully set forth in their entirety herein.
II.
CONNECTIONS
1. Grapevine agrees to provide sanitary sewer service to the
Property only for existing facilities as shown on the site plan of
the Property, a copy of which is attached as Exhibit A.
2. Southlake agrees that no additional facilities shall be
corrected without the prior approval of the Grapevine City Council
and a written amendment to this Agreement.
CHARGES FOR SANITARY SEWER SERVICE
1. Southlake shall be charged for the sanitary sewer service
and shall pay to Grapevine all those charges applicable to
customers within the Grapevine corporate limits at a rate of 125%
times the rate charged to customers within the Grapevine corporate
limits. The 125% rate shall apply to tap charges, pro rata charges
(if any), services charges, consumption charges, deposits and all
other charges which Southlake is required to pay.
2. All charges shall be subject to the Grapevine City
Council's right and authority to charge and adjust the charges and
Southlake shall pay 125% of the charge as changed or adjusted by
the Grapevine City Council.
-2-
.s- V
IV.
METER READING
1. Southlake has previously installed and agrees to maintain
a meter to measure the amount of water used by the resident on the
Property as shown on Exhibit A.
2. Southlake shall read the master meter on the first
working day of each month and shall deliver the reading to the
Grapevine Utility Billing technician by 5:00 p.m. on the fifth
(5th) dale of each mor_th, or by 5:00 p.m. cn the next working day if
the fifth (5th) day is a holiday or weekend. Southlake shall be
charges a fifty dollar ($50.00) late fee for each reading that is
not timely received.
3. Grapevine shall be entitled, upon prior written notice to
Southlake, to read Southlake's meter at any time during normal
business hours. A Southlake representative may accompany the
Grapevine representative when the meter is read.
V.
BILLING
1. Grapevine shall bill Southlake directly for the sanitary
sewer service provided pursuant to this Agreement.
2. Southlake shall be responsible, at it sown cost and
expense, for billing individual users of Grapevine's sanitary sewer
system.
VI.
COMPLIANCE WITH LOCAL AND FEDERAL LAWS
1. Southlake agrees to and shall comply with all applicable
ordinances, resolutions and other rules and regulations of
Grapevine, except as specifically provided by this Agreement, and
with all applicable state and federal laws.
2. Specifically, Southlake shall comply with all provisions,
terms and conditions of Article II, Division 1, Chapter 25 of the
Grapevine Code of Ordinances , as now existing or as may hereafter
be amended, relating to water and sewers generally, and Article II,
Division 3, Chapter 25 of the Grapevine Cede of Ordinances, as now
existing or as may hereafter be amended, and all state and federal
laws relating to industrial wastes. A copy of Article II,
Divisions 1 and 3, Chapter 25 of the Grapevine Code of Ordinances,
as now existing, is attached as Exhibit "B."
-3-
5.-,T
VI I.
RRMF.nTRS
1. Grapevine m.ay discontinue the sanitary sewer service to
Southlake for any violation or breach by Southlake of the terms of
this Agreement until the violation or breach has been cured to the
satisfaction of Grapevine.
2. Grapevine ,^.-gay discontinue the sanitary sewer service to
Southlake for any violation by Southlake of the provisions of
Chapter 25 of the Grapevine Code of Ordinances until the violation
has been cured to the satisfaction. of Grapevine.
3. Except for the failure to pay charges when due and
payable, and except for any violation. b,; Southlake of any of the
provisions, terms or conditions of Article II, Division 3, Chapter
25 of the Grapevine Code of Ordinances or any state or federal law
relating to industrial wastes, prior to discontinuing the sanitary
sewer service, Grapevine agrees to provide Southlake an opportunity
to remedy the violation to Grapevine's satisfaction within. thirty
(30) days of the date written notice of the violation is mailed to
Southlake. If the violation is the failure to pay charges when due
and payable, Grapevine may discontinue sanitary sewer service
immediately upon the occurrence of the violation until payment is
made. if the violation is a violation of provision, term or
condition of Article II, Division 3, Chapter 25 of the Grapevine
Code of Ordinances or any state or federal law relating to
industrial wastes, prior to discontinuing sanitary service,
Grapevine agrees to provide Southlake an opportunity to remedy the
violation to Grapevine's satisfaction within such period of time as
Grapevine determines is reasonable considering the nature and
extent of the violation, which time period shall be spelled out in
a written notice of the violation: and which time period shall
commerce to run upon the mailing_ of the notice of violation to
Southlake.
4. In addition to discontinuance of the sanitary sewer
service, Grapevine may pursue all legal and equitable remedies,
including but not limited to, injunctive relief and the recovery of
damages and civil or criminal penalties. The right of Grapevine to
pursue all legal and equitable remedies shall survive the
termination of this Agreement.
-d-
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VIII.
TERM
This Agreement shall be for a term of five (5) years
commencing on the day of , 1990.
IX.
NOTICES
Any notice required to be given under this Agreement shall be
deemed to have been adequately given if deposited in the United
States mail in an envelope with sufficient postage and properly
addressed to the other party as follows:
TO GRAPEVINE:
City of Grapevine
413 Main Street
Grapevine, Texas 76051
Attention: City Manager
TO SOUTHLAKE:
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Attention: City Manager
A change of address may be made by either party upon the
giving of ter. (10) days prior written notice.
X.
TERMINATION
1. Grapevine may terminate this Agreement prior to the end
of the term upon either of the following conditions:
a. Grapevine has discontinued sanitary sewer service to
Southlake on two (2) or more occasions; or
b. Southlake has violated any of the provisions, terms or
conditions of Article II, Division. 3, Chapter 25 of the
Grapevine Code of Ordinances or any state or federal law
relating to industrial wastes which violation has not
been cured to the satisfaction of Grapevine within such
period of time as Grapevine determines is reasonable
considering the nature and extent of the violation, which
time period shall be spelled out in a written notice of
violation_ and which time period shall commence to run
upon_ the mailing of the notice of violation to Southlake.
-5-
2. The parties may terminate this Agreement at any time by
mutual written consent.
3. Upon the termination of this agreement, Grapevine shall
have the absolute right to terminate and discontinue the sanitary
sewer service to Southlake and shall be entitled to take any and
all action necessary to effectuate the termination and
discontinuation of sanitary sewer service.
XI.
MISCELLANEOUS PROVISIONS
1. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, and
assigns.
2. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written cr oral agreements between the parties respecting_ the
subject matter hereof.
3. No amendment, modification or alteration of the terms
hereof shall be binding unless the same be in writing, dated
subsequent to the date hereof and duly executed by the parties.
4. This Agreement may be executed concurrently in one or
more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
5. In case any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and
this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
6. The obligations and undertakings of each of the parties
to this Agreement are and shall be performable in Tarrant County,
Texas.
Q:�
i
7. Each party hereto warrants that it has received authority
from its governing body to enter into this Agreement.
EXECUTED this the
ATTEST:
City Secretary
(SEAL)
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Secretary
(SEAL)
APPROVED AS TO FORM:
City Attorney
day of
. 1990.
CITY OF GRAPEVINE, TEXAS
By:
Mayor
CITY OF SOUTHLAKE, TEXAS
By:
Mavor
-7-
6-- /
ALBERT PUIG SANITARY SEWER AGREEMENT
STATE, OF TEXAS
*
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between the
City of Southlake, Texas, a homerule municipal corporation, acting
by and through its duly authorized City Manager, Curtis Hawk
hereinafter referred tc as "City," and Albert Puig of 2240 N.
Kimball Road, hereinafter referred to as "Owner."
WHEREAS, Mr. Puig is the owner of a residence at 2240 N.
Kimball Road located in the City of Southlake, Texas, hereinafter
referred to as "the Premises"; and
WHEREAS, the Premises are currently served by an on -site
sanitary sewer septic system which continues to malfunction; and
WHEREAS, the City of Southlake has negotiated with the City of
Grapevine for the right to obtain sanitary sewer services through
the use of Grapevine's sanitary sewer system; and
-1-
5'V `251
WHEREAS, Owner desires to connect to the Grapevine sanitary
sewer system in order to provide for the more costly, efficient and
sanitary disposal of waste from the premises; and
WHEREAS, City has agreed to allow Owner to utilize the
Grapevine system subject to the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, for and consideration of the mutual covenants,
terms and conditions set forth herein, the receipt and sufficiency
of which are hereby acknowledged, City and Owner hereby contract,
covenant and agree as follows:
I.
Southlake shall allow Owner to connect to the Grapevine
sanitary sewer system and shall provide sanitary sewer services to
Owner as permitted under the terms of that certain Interlocal
Agreement for sanitary sewer services of even date between the City
of Southlake and the City of Grapevine, hereinafter referred to as
the "Interlocal Agreement." A true and correct copy of said
Interlocal Agreement is attached hereto as Exhibit "A" and
incorporated herein for all purposes of this Agreement. Owner
understands and agrees that in addition to the terms and conditions
provided herein, that Owner's right to access and use the Grapevine
sanitary sewer system is subject to all terms and condition set
forth in the Interlocal Agreement.
II.
Owner covenants and agrees to pay to Southlake all charges
applicable to customers within the City of Grapevine corporate
limits at a rate of 135% times the rate charges to customers within
the Grapevine corporate limits as provided in the interlocal
Agreement. In addition, Owner covenants and agrees to pay to
Southlake any and all other fees incurred by Southlake in
association with providing the sanitary sewer services provided for
herein. All fees and charges provided for in this Agreement shall
be due anal payable by Owner within ten (10) days of receipt of an
invoice for same from City.
Owner covenants and agrees to comply with all laws of City,
the City of Grapevine, and any other local, state or federal laws,
plus all terms and conditions set forth in the Interlocal
Agreement. In the event Owner fails to comply with such laws,
terms and conditions, City may terminate the service provided
hereunder upon ten (10) days written notice.
-3-
s-��a
IV.
This Agreement shall be for a term of five (5) years
commencing on the date of execution of this Agreement, unless
sooner terminated as provided herein. It is specifically
understood and agreed that this Agreement may be terminated by City
at such time as sanitary sewer service is made available to the
premises by City.
V.
Owner hereby covenants and agrees to indemnify and hold City
harmless from any and all bodily injury, including death, or
damages or injuries to any personal or real property, belonging to
Owner, arising out of the performance or non-performance of this
Agreement by either party, whether or not caused in whole or in
part by the alleged negligence of City, its officers, agents,
servants or employees. It is specifically understood and agreed
that City shall not be liable or responsible for any damages
incurred by Owner arising from the discontinuance of service by the
City of Grapevine or from any other cause.
-4-
,= /3
u
VI.
Notices given pursuant to this Agreement shall be sufficient
if deposited in the United States Mail in a properly addressed
envelope to the other party as follows:
To Owner:
To City:
Albert Puig
2240 N. Kimball Road
Southlake, Texas 76092
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Attn: City Manager
The above addresses may be changed by giving ten (10) days
written notice.
VII.
This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
--5-
5'- /y
K
VIII.
This Agreement constitutes the sole and only agreement between
the parties hereto and supersedes any prior understanding or
written or oral agreements between the parties respecting the
subject matter hereof.
EXECUTED this day of
. 1990.
CITY OF SOUTHLAKE:
CURTIS HAWK, CITY MANAGER
ATTEST:
CITY SECRETARY
MR. ALBERT PUIG
SUBSCRIBED AND SWORN TO BEFORE ME by
on this the day of
My Commission Expires:
11to
1990.
Notary Public in and for the
State of Texas
Type or Print Notary's Name
,-- /5
ORDINANCE NO..!f�
AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT IN
SOUTHLARE 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; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the 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 determine the method of
selection of the judge of the municipal court of record.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, 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 (92690)
-1-
7—/
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 and must reside within the
City of Southlake or a contiguous city. A person may not serve as
slake\ord.19 (92690) _2_
r
a municipal judge while that person holds other office or
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. The City Council may appoint persons as
relief municipal judges and set their compensation as set forth in
Section 30.487 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
Court Clerk. The Municipal Court 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
LW
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
1z5 -4+,
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
slake\ord.19 (92690) .3-
'7 -�3
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 10
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
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.
slake\ord.19 (92690) _q_
F,
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.
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
r 1990.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE•
stake\ord.19 (92690)
-5-
7 ,5
I
City of Southlake, Texas
TO:
FROM:
i
SUBJECT:
M E M O R A N D U M
September 28, 1990
Curtis E. Hawk, City Manager
Billy Campbell, Chief of Police
Police Reserve Ordinance
1
Please find attached the ordinance pertaining to Reserve Police Force
with the requested changes.
BC /mr
Attachment
ORDINANCE NO. 6-.23
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 for the conduct and control of the members
thereof. The Police Reserve Force shall be composed of not
more than fifteen (15) members.
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
Force shall be an actual resident of the City or reside
within a city whose city limits meet with or cross 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. An appointment to the Police Reserve Force must
be approved by the City Council before the person appointed
may carry a weapon or otherwise act as a peace officer.
VIII.
UNIFORMS AND BADGES FOR MEMBERS
The Chief of Police shall prescribe the uniforms and
g -3
badges of 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
�r 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
No person appointed to the Police Reserve Force may
carry a weapon or otherwise act as a peace officer contrary
to state law.
8'- y
Any qualifications established for the position of
Police Reserve Force Officer for the City of Southlake
shall meet the minimum physical, mental, education and
moral standards established by the State of Texas
Commisison 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, paragraphas 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
F-15-*
d
I
any Ui OuuunaKe, i exa5
Im
uq
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:
City of Southlake, Texas
M E M O R A N D U M
September 26, 1990
TO: Curtis E. Hawk, City Manager
FROM: Kim Bush
SUBJECT: TMRS Updated Services
Ordinance No. 524 when adopted will provide for the
following:
1. 100% Updated Service Credit - this benefit improves
retirement benefits by using an employee's average
monthly salary over a recent three year period, and
recalculating their retirement credit as if they had
always earned that salary, and made deposits to the
System matched by the city, on the basis of that
salary. Updated Service Credit is an excellent way for
cities to keep their employee's retirement benefits up
with the effects of inflation.
2. 70% Increase to Annuitants - this provision allows for
increases to those persons who are retired and are
receiving a monthly annuity from the System. These
increases are based on the change in the Consumer Price
Index, and the maximum increase that can be granted is
70% of the change in the Consumer Price Index.
3. 1-1/2 to 1 City Matching Ratio - this benefit was
discussed during the budget process. The City has been
contributing at a matching rate of 1 to 1. Benefits
earned under a 1-1/2 to 1 matching ratio are 25%
greater than benefits under a 1 to 1 ratio.
The effective date of this ordinance will be January 1, 1991.
/)/kb
ORDINANCE NO.r 5
TMRS-C/T-F
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"
IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY
OF SOUTHLAKE; PROVIDING FOR INCREASED PRIOR
AND CURRENT SERVICE ANNUITIES FOR RETIREES
AND BENEFICIARIES OF DECEASED RETIREES OF THE
CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR
SUCH ACTIONS; AND PROVIDING FOR INCREASED
MUNICIPAL CONTRIBUTIONS TO THE CURRENT
SERVICE ANNUITY RESERVE AT RETIREMENT OF THE
EMPLOYEES OF THE CITY OF SOUTHLAKE, TEXAS. /
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
Section 1. Authorization of Updated Service Credits
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle
G of Title 8, V.T.C.A., Government Code, as amended, each member of the Texas Municipal
Retirement System who has current service credit or prior service credit in said System in
force and effect on the lst day of January, 1990, by reason of service in the employment of
the City of Southlake, and on such date has at least 36 months of credited service with said
system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated
Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of
said title). The Updated Service Credit hereby allowed shall replace any Updated Service
Credit, prior service credit, special prior service credit, or antecedent service credit
previously authorized for part of the same service.
(b) On the terms and conditions set out in Section 853.601 of said title, any member of
the Texas Municipal Retirement System who is eligible for Updated Service Credits on the
basis of service with this City, and who has unforfeited credit for prior service and/or current
service with another participating municipality or municipalities by reason of previous
service, and was a contributing member on January 1, 1990, shall be credited with Updated
Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set
forth in said 853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title,
the deposits required to be made to the Texas Municipal Retirement System by employees of
the several participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an employee of
the City.
Section 2. Increase in Retirement Annuities.
9- /
Page 2.
(a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A.,
Government Code, as amended, the City of Southlake hereby elects to allow and to provide
for payment of the increases below stated in monthly benefits payable by the Texas Municipal
Retirement System to retired employees and to beneficiaries of deceased employees of this
City under current service annuities and prior service annuities arising from service by such
employees to this City. An annuity increased under this Section replaces any annuity or
increased annuity previously granted to the same person.
(b) The amount of annuity increase under this Section is computed as the sum of the
prior and current service annuities on the effective date of retirement of the person on whose
service the annuities are based, multiplied by 70% of the percentage change in Consumer
Price Index for All Urban Consumers, from December of the year immediately preceding the
effective date of the person's retirement to the December that is 13 months before the
effective date of this ordinance.
(c) An increase in an annuity that was reduced because of an option selection is
reducible in the same proportion and in the same manner that the original annuity was
reduced.
(d) If a computation hereunder does not result in an increase in the amount of an
annuity, the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the Texas Municipal Retirement System.
Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas
Municipal Retirement System, the updated service credits and increases in retirement
annuities granted hereby shall be and become effective on the 1st day of January, 1991.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS:
That effective January 1, 1991, for each month of current service thereafter rendered
by each of its employees who are members of the Texas Municipal Retirement System, the
City will contribute to the current service annuity reserve of each such member at the time
of his or her retirement, a sum that is 150% of such member's accumulated deposits for such
month of employment; and said sum shall be contributed from the City's account in the
municipality accumulation fund.
Passed and approved this the day of , 19
ATTEST:
City Secretary or Clerk
APPROVED:
Mayor
��a
City of Southlake, Texas
M E M O R A N D U M
September 28, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Lonesome Dove Developers Agreement
-------------------------------------------------------------
Attached is the Lonesome Dove Developers Agreement to be
placed on the agenda for the October 2, 1990 City Council
meeting.
If there are any questions, please contact me.
MHB/lc
Attachment
LONESOME DOVE 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 Lonesome Dove 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 _W lots contained within
the Lonesome Dove Subdivision (Phase 1)5(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
Lonsome Dove 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 Lonesome Dove Subdivision 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
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.
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10- a
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.
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/D -3
G. on all facilities included in this agreement for
which Developer awards his own construction
contract, the Developer aa_rees 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.
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/O-- y
After fifteen (15) days written notice should the
Developer or Builder fail in this responsibility,
the City may contract for this service and bill the
Developer or Builder for reasonable costs. 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 Lonesome Dove 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.
QC
10'5
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 Lonesome Dove
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
with the majority of the pre -planned facilities.
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/t,�) , 6
It is understood that in every construction
project a decision later may be made to realign
a line or service which may occur after
kaw 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 the Lonesome Dove
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.
E. EROSION CONTROL:
During construction of the subdivision and after the
streets have been installed, the Developer agrees to
keep the streets free from soil build-up. The
Developer agrees t \use soil control measures such
as hay bales, sil]'screening, hydromulch, etc. to
prevent soil erosion. It will be the Developer's
responsibility to present to the Director of Public
Works a soil control development plan that will be
implemented for this subdivision. When in the
opinion of the Director of Public Works there is
sufficient soil build-up on the streets and
notification has been given to the Developer, the
Developer will have seventy-two (72) hours to clear
the soil from the streets. If the Developer does
not remove the soil from the street within 72 hours,
the City may cause the soil to be removed either by
contract or City forces and placed the soil within
the subdivision at the contractor's expense. All
fees owed to the City will be collected prior to
acceptance of the subdivision.
/0 - 7
Kq
F. AMENITIES:
It is understood by and between the City and
Developer that the Lonesome Dove Subdivision may
incorporate a number of unique amenities and
aesthetic improvements such as ponds, aesthetic
lakes, unique landscaping, walls, and may
incorporate specialty signage and accessory
facilities. The Developer agrees to accept
responsibility for the construction and maintenance
of all such aesthetic or specialty items such as
walls, vegetation, signage, landscaping, street
furniture, pond and lake improvements until such
responsibility is turned over to a Home Owners
Association. The City shall be responsible only for
the maintenance of those items within the public
right-of-way and then only to the extent provided in
other subdivisions within the city.
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.
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/ e"A) ^ 3'
0
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.
Um
/D - 1
In addition, the Developer or Contractor shall
furnish 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 AND/OR SEWER PRO RATA:
The Developer agrees that gravity sewer facilities
does not exist for the proposed subdivision. It has
been agreed to by the Developer and the City to pump
the sewer to the Dove Estates Package Treatment
Plant. The cost of all pumping facilities, force
main, necessary easements and acquisition of
easements will be the responsibility of the
Developer.
The Developer agrees to pay the City $500 per lot
for the priviledge of tieing to the City's sewer
system. It is agreed that if the developer pays
$500/lot for sewer service that the sewer impact fee
and the water impact fee will be $500 each and will
remain that amount for the life of the project.
It is agreed that the lift station proposed by the
developer will become the property of the City upon
acceptance of the subdivision by the City.
Acceptance of the subdivision will not void the two
(2) years maintenance agreement required for the
lift station.
D. PARK FEES:
The City and Developer agree that there are no park
fees due for Phase 1 of Lonesome Dove.
E. PERIMETER STREET ORDINANCE:
The Developer agrees to perform in accordance with
Section IV, Paragraph B, sub paragraph 2 of
Ordinance No. 494.
F. START of CONSTRUCTION:
Before construction of the water, sewer, streets or
drainage facilities can begin, the following must
take place:
1. Approved payment and performance bonds
submitted to the City.
2. At least five (5) sets of construction plans
stamped "Approved for Construction" by the City
Engineer.
3. All fees required by the City to be paid to the
City.
4. Developer's Agreement executed.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
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44
City of Southlake, Texas
M E M O R A N D U M
September 28, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Replat of the Cedar Oaks Developers Agreement
-------------------------------------------------------------
Attached is the replat of the Cedar Oaks Developers
Agreement to be placed on the agenda for the October 2, 1990
City Council meeting.
If there are any questions, please contact me.
M0
MHB/lc
Attachment
REPLAT OF CEDAR OAKS 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 Replat of Cedar Oaks
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 6 lots
contained within the replat of Cedar Oaks Subdivision 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
replat of Cedar Oaks 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 replat
of Cedar Oaks 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
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.
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N.
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-
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.
-3-
After fifteen (15) days written notice should the
Developer or Builder fail in this responsibility,
the City may contract for this service and bill the
Developer or Builder for reasonable costs. 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 replat of Cedar Oaks 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.
QC
B. DRAINAGE:
Developer hereby agrees to construct the necessary
�r 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 Cedar Oaks
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
with the majority of the pre -planned facilities.
-5-
!/
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 the replat of Cedar Oaks
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.
E. EROSION CONTROL:
During construction of the subdivision and after the
streets have been installed, the Developer agrees to
keep the streets free from soil build-up. The
Developer agrees to use soil control measures such
as hay bales, silk screening, hydromulch, etc. to
prevent soil erosion. It will be the Developer's
responsibility to present to the Director of Public
Works a soil control development plan that will be
implemented for this subdivision. When in the
opinion of the Director of Public Works there is
sufficient soil build-up on the streets and
notification has been given to the Developer, the
Developer will have seventy-two (72) hours to clear
the soil from the streets. If the Developer does
not remove the soil from the street within 72 hours,
the City may cause the soil to be removed either by
contract or City forces and placed the soil within
the subdivision at the contractor's expense. All
fees owed to the City will be collected prior to
acceptance of the subdivision.
s-M
/1 /
F. AMENITIES:
It is understood by and between the City and
Developer that the replat of the Cedar Oaks
Subdivision may incorporate a number of unique
amenities and aesthetic improvements such as ponds,
aesthetic lakes, unique landscaping, walls, and may
incorporate specialty signage and accessory
facilities. The Developer agrees to accept
responsibility for the construction and maintenance
of all such aesthetic or specialty items such as
walls, vegetation, signage, landscaping, street
furniture, pond and lake improvements until such
responsibility is turned over to a Home Owners
Association. The City shall be responsible only for
the maintenance of those items within the public
right-of-way and then only to the extent provided in
other subdivisions within the city.
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.
-7-
// —O
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 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 AND/OR SEWER PRO RATA:
No off -site sewer is required in this subdivision.
The subdivision will be serviced by individual
septic systems.
B. OFF - SITE DRAINAGE:
The developer has agreed to construct off -site
drainage facilities to improve the drainage
condition for downstream residences. The
improvements consist of increasing the pipe size
under 1800 Sleepy Hollow and installing a concrete
flume between Lots 7 and 8, Block 1, of Cedar Oaks
Estates as detailed in the construction plans. The
City will not accept the subdivision until all
off -site i
accepted. mprovements have been completed and
C. PARK FEES:
The Developer agrees that Park Fees in the amount of
$500 per lot is required according to the Park
Ordinance and that this fee is due and payable prior
to the Developer's Agreement being approved and
executed. It is also understood that construction
can not start until the Developer's Agreement is
executed.
D. PERIMETER STREET ORDINANCE:
The Developer agrees to perform in accordance with
Section IV, Paragraph B, sub paragraph 2 of
Ordinance No. 494.
-9-
E. START of CONSTRUCTION:
Before construction of the water, sewer, streets or
drainage facilities can begin, the following must
take place:
1. Approved payment and performance bonds
submitted to the City.
2. At least five (5) sets of construction plans
stamped "Approved for Construction" by the City
Engineer.
3. All fees required by the City to be paid to the
City.
4. Developer's Agreement executed.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By: _
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
IR
-10-
M E M O R A N D U M '� D
September 28, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, P.E., Director of Public Works
SUBJECT: Bids - Parking Improvement for City of Southlake
Bids for the parking improvement for the City of Southlake
were opened and read aloud at 10:00 a.m. on Thursday,
September 27, 1990. Attached is the bid tabulation for that
project.
As can be seen from the bid tabulation, Lemke Construction
is the low bidder at $23,147.35. The project will take
approximately 10-15 working days to complete which should be
the latter part of October.
Lemke Construction is a reputable construction company
located in Southlake and local sources contacted confirms
that their quality of work is very good. Therefore, staff
recommends that the Lemke Construction Company be awarded
the contract for the parking improvements for $23,147.35.
Please place this on the Council's agenda for
you have any questions, please contact me.
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City of Southlake, Texas
M E M O R A N D U M
October 2, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Attendance at P&Z Meeting
-------------------------------------------------------------
I ran a tally of the Planning and Zoning Meetings and
members present during the meetings. Out of 16 P&Z meetings
during 1989, I found the following:
Joe Wright
16
Lanny Tate
16
Larry Samartin
8
Buddy Luce
11
Aloha Payne
10
Jim Devine
11
Planning and Zoning Meetings in 1990 to date, I found the
following out of 14 meetings:
Joe Wright
13
Lanny Tate
14
Larry Samartin
8
Buddy Luce
10
Aloha Payne
13
Jim Devine
6
If you have any questions, please give me a call.
City of Southlake, Texas -
M E M O R A N D U M
October 2, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Attendance at P&Z Meeting
I ran a tally of the Planning and Zoning Meetings and
members present during the meetings. Out of 16 P&Z meetings
during 1989, I found the following:
Joe Wright
16
Lanny Tate
16
Larry Samartin
8
Buddy Luce
11
Aloha Payne
10
Jim Devine
11
Planning and Zoning Meetings in 1990 to date, I found the
following out of 14 meetings:
Joe Wright
13
Lanny Tate
14
Larry Samartin
8
Buddy Luce
10
Aloha Payne
13
Jim Devine
6
If you have any questions, please give me a call.
W!
City of South lake, Texas -
M E M O R A N D U M
October 2, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Attendance at P&Z Meeting
I ran a tally of the Planning and Zoning Meetings and
members present during the meetings. Out of 16 P&Z meetings
during 1989, I found the following:
Joe Wright
16
Lanny Tate
16
Larry Samartin
8
Buddy Luce
11
Aloha Payne
10
Jim Devine
11
Planning and Zoning Meetings in 1990 to date, I found the
following out of 14 meetings:
Joe Wright
13
Lanny Tate
14
Larry Samartin
8
Buddy Luce
10
Aloha Payne
13
Jim Devine
6
If you have any questions, please give me a call.
s
City of Southlake, Texas
M E M O R A N D U M
October 2, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Attendance at P&Z Meeting
I ran a tally of the Planning and Zoning Meetings and
members present during the meetings. Out of 16 P&Z meetings
during 1989, I found the following:
Joe Wright
16
Lanny Tate
16
Larry Samartin
8
Buddy Luce
11
Aloha Payne
10
Jim Devine
11
Planning and Zoning Meetings in 1990 to date, I found the
following out of 14 meetings:
Joe Wright
13
Lanny Tate
14
Larry Samartin
8
Buddy Luce
10
Aloha Payne
13
Jim Devine
6
If you have any questions, please give me a call.
L/s
City of Southlake, Texas -
M E M O R A N D U M
September 28, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Review of Firearms Ordinances
Mayor Pro Tem Betty Springer and Councilmember Sally Hall
had asked me to get copies of ordinances from area
cities in regards to Discharge of Firearms, so that Council
can review them and possibly amend or completely change our
current Ordinance No. 109, which is in your packet for your
review.
In addition to receiving ordinances from City of Keller and
City of Grapevine, I received sample ordinances from The
Colony, Temple , Everman and Bandera, by calling the
Municipal Code Corporation Subscriber Service.
If you have any questions, or if I can be of further service
on this matter, please give me a call.
L / s 1
.3--1
ORDINANCE NO, 109
AN ORDINANCE PROHIBITING THE SHOOTING OF
FIREARMS, AIR GUNS OR CANYON CRACKERS IN
CERTAIN PLACES IN THE TOWN, OF SOUTHLAKE ,TEXAS ,
AND PROVIDING FOR A PENALTY FOR VIOLATIONS, AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL, OF THE TOWN OF SOUTHLAKE,
TEXAS:
1.
IT shall be unlawful for any person, persons, firm or corpora-
tions to discharge any gun, pistol or firearm of any kind, or who
discharges an air rifle or air pistol of any description, or what-
ever name known that operates by means of compressed air, compressed
gas, springs, or any other means which is capable of discharging
shots, pellets, or any solid object at a velocity in excess of
three hundred (300) feet per second, or discharges any cannon cracker,
or torpedo on, across or within five hundred (500) feet of any
public square, street or alley or within three hundred (300) feet
of any business establishment, in the Town of Southlake, Texas.
A "cannon cracker" is any combustible package more than two (2)
inches long and more than one (1) inch through.
2.
ANY person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not exceeding ,$ 100.00 dollars,
each day such violation is committed or permitted to continue,
shall constitute a separate and distinct offense and shall be
punishable as such hereunder.
THIS ordinance
and effect from and
as by law provided.
ADOPTED this
3.
shall become effective and to be in full force
after the date of adoption hereof and publication.
�e "_..c, .►L
d day of Karch31 A. D. 1958.
ATTE 3T :
TOWN ARV
13 ,a
APPROVED:
rl rlAY OR
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ors or
Post -it ' brand lax transmittal memo 7671 1 r or paws ► ,(
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!7
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Fax R
ORDINANCE NO. 75-17
AN ORDINANCE AMENDING THE CITY CODE OF THE
i
CITY OF GRAPEVINE, TEXAS, TITLE 6; CHAPTER 2,
! SECTION 6-2-6, BY REPEALING THE SAME AND SUB—
STITUTING THEREOF THE FOLLOWING: PROHIBITING
THE DISCHARGE OR FIRING OF ANY FIREARM WITHIN
THE CITY LIMITS OF THE CITY OF GRAPEVINE; PROVIDING
SPECIFIED EXCEPTIONS; PROHIBITING THE DISCHARGE OF
ANY FIREARMS OF ANY KIND IN CERTAIN AREAS; PRO—
VIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EMERGENCY.
19-3
CIT'1` OF !�F'HF`E'�!IhJE TEL PIn .81 -J:1-i q:_:q _.ep �6.`aU 11 :16 hdD .uU' F .u2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
SECTION 1. That the City Code of the City of Grapevine, Texas, Title
6, Chapter 2, Section 6-2-6, be, and the some is hereby amended by repealing some
as it now exists and substituting in its place the following sections of this ordinance:
"Section 6-2-6.
"Subsection 1. Definitions:
A. Firearm means any device designed, made or adapted to expel
a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily con-
vertible to that use,including but not limited to a rifle, pistol,
shotgun, air rifle, pellet gun, B-B gun, air gun.
"Subsection 2. It shall be unlawful for any person to discharge or fire off
any firearm within the City Limits of the City of Grapevine except as follows:
A. Firing or discharging of a firearm in a shooting gallery
that is operating in accordance with all applicable state
and federal laws and city ordinances.
B. Firing or discharging of an air gun on property owned by the
party firing the air ,gun and his immediate family, provided that
the discharge is no closer then 150 feet from any structure, except
the owners, used for human habitation. Nothing contained in this
exception shall permit the discharging of onair gun whereby the
projectile falls on the land of another.
C. Firing or discharging of a shotgun during legally authorized
hunting season with a license or permit duly issued pursuant to
the laws of the State of Texas and Federal Law provided the
/3—s �'
City of Grapevine, creates an emergency for the immediate preservation of the
public business, property, health, safety and general welfare of the public which
requires that this ordinance shall became effective from and after the date of its
passage as provided by the Charter of the City of Grapevine and it is accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, this the 20TH day of MAY 1975.
ATTEST:
o;.Q
City ISecrefory
APPROVED AS TO FORM:
City Attorney -
/ 3's
%r hunter has permission from the property owner on which
any projectile would fall on or over their property,and
provided further that the size of shot that can be used
is restricted to size 06 and smaller.
D. Firing or discharging of firearms in defense of self,
family or property.
E. Firing or discharging of a firearm by a duly authorized
peace officer in carrying out his lawful duties.
F. Firing or discharging of firearms when permitted or
authorized by the laws of the State of Texas or United States.
"Subsection 3. It shall be unlawful for any person to discharge any
firearms of any kind on or across any public square, street or alley in the City
or within fifty (50) yards of any business house."
SECTION 2. Any person violating or failing to comply with any provisions
of this ordinance shall be fined upon conviction, not less than ONE DOLLAR ($1.00)
I
nor more than TWO HUNDRED DOLLARS ($200.00) and each day any violation of
non-compliance continues shall constitute a separate offense.
SECTION 3. It is hereby declared to be the intention of the City Council
IN
of the City of Grapevine, Texas, that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and any phrase, clause, sentence, para-
graph or section hereof should be declared unconstitutional, such unconstitutionality
or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or sections of this ordinance, since the some would have been enacted by
the City Council without the incorporation in this ordinance of any sucn unconstitutional
r I or invalid phrase, clause, sentence, paragraph or section.
11 SECTION 4. The fact that the present ordinances and regulations of the City
of Grapevine ore inadequate to protect its citizens within the corporate limits of the
/3r4
I A
-I'Vey
KE LE
Date:
To:
THE CITY OF KELLER
FACSIMILE TRANSMISSION
V
SE it '=.
September 26, 1990
Sandra LeGrand, City Secretary
roM* Sheila Stephens, City Secretary
OFFICE OF
L=.. SECRETAR.
Regarding: Article I, Section 10-100 of the Keller Code of Ordinance
Special Instructions:
Total number of pages
including cover sheet: 2
If there are problems with your receipt of this
transmission, please contact us immediately,
Our FAX number is (817) 431-4388. Thank you
/3 -%
158 MAIN STREET 0 P.O. BOX 770 • KELLER, TEXAS 76248 a (817) 431-1517
Chapter 10
MISCELLANEOUS PROVISIONS
Art. I. In General, 01 10-100-10.130
Art. II, Fence Regulations, If 10.200, 10-210
Art, III. Alarm Systems, it 104W-10430
Art. IV. Wreckers, if 10,500_10-890
ARTICLE 1. IN GENERAL
Sec. I0-100, Unlawful to dafirherge firearm or
gun within city —Generally.
It shall hereinafter be unlawful for any person
to fire off or discharge any gun, pistol, rifle or
other firearm of any description within the corpo-
ration limits of the city- It shall likewise herein-
after be unlawful for any person to discharge any
air gun or air rifle of any description within the
corporate limits of the City of Keller. Texas..
Sec. 10.110. Same —Protection of person,
premises or property; exception.
The preceding section shall not apply when such
firing is done in the necessary and lawful protec-
tion of one's person, premises or property, unless
such firing be recklessly or negligently done.
Sec. 10-120. Police officer and reserve officers
exempted.
Section 10.100 shall not apply to any official police
officer of the City of Keller or reserve officer of
the city practicing in a designated shooting range
within the city limits.
Sec. 10.130. Library materials.
(a) Any person, firm or corporation, who will-
fully retains any book, magazine, newspaper, pam-
phlet, manuscript, audiovisual material, video -
recording, microcomputer software or any other
property belonging to the Keller Public Library
for a period of thirty (30) days following written
notice being sent to the borrower at the address
on file in the public library to return the same,
such notice being sent after the expiration of the
time by which the rules of the public library allow
such property to be retained, shall be subject to
a fine not to exceed that listed in Section 1-500,
Supp. No. 5
557
(b) Any person, firm or corporation who will.
fully injures or defaces any book, magazine., news•
paper, pamphlet, manuscript, audiovisual material,
video recording, microcomputer software or any
other property belonging to the Keller Public
Library by writing, marking, tearing, breaking or
otherwise mutilating such property loaned by the
public library shall be subject to a fine not to
exceed. the fine set out in section 1-500 of this
Code.
(Ord. No. 445, § § 1, 2, 1-7-86)
Editor's note --Ord. No. 445, 11 1, 2, adopted Jan. ], 1986.
did not expressly amend the Code- hence, codification herein
as 1 10.130 was at the editor's discretion.
ARTICLE 11. FENCE REGULATIONS`
Sec. 10-200. Fences.
(a) Fence defined. "Fence" as used in this arti-
cle shall include any fence. wall or enclosure.
(b) Construction limitations. No fence in a resi-
dential district shall excced eight (8) feet in height
above ground level at the fence line. No solid
fence shall be constructed in front of the building
line or any lot including corner lots except as
defined in section 10-210(a?. No barbed wire fence
shall be allowed except as used for farm or pas-
ture land.
(c) Permits. No parson, corporation or business
entity shall erect a fence or obstruction in the city
limits of the City of Keller, Texas, without first
obtaining a permit. Permit fees to be paid are
those set forth by ordinance and shall be promul-
gated, reviewed and amended by the city staff
through the city manager's of:ice on a yearly basis.
Said fees are incorporated as a part hereof as if
fully set forth herein.
!Ord. No. 486, �4 1, 2, 12.2.86)
*Cross references -.Swimming pool fences, 1 4.200 et seq;
junkyards to be fenced. 1 9.1.90.
V t9
Chapter 13
OFFENSES AND MISCELLANEOUS PROVISIONS*
Art. I. In General, §§ 13-1-13-19
Art. II. Parades, §§ 13-20-13-30
Art. III. Curfew Hours for Minors, §§ 13-31-13-40
Art. IV. Possession of Dangerous Weapons by Minors, §§ 13-41-13-46
ARTICLE I. IN GENERAL
, CE
'10's 6, M
S EP 2 81990 �--�'
OFFICE Or^
CITY SECRETARY
Sec. 13-1. Discharging weapon.
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or firearm, BB
gun, air gun or other such instrument of any description within the city. This section shall not
apply in the following instances:
(1) When the filing is done in the necessary and lawful protection of the person, premises
or property, unless such firing is recklessly or carelessly done.
(2) When the firing is done in a shooting gallery or gunsmith's establishment and when
such shooting gallery or gunsmith's establishment is properly fitted and arranged for
the purpose so that no danger arises therefrom; provided, however, no shotgun of any
r character, nor any pistol or rifle larger than twenty-two (22) calibre shall be used in
a shooting gallery, and than no shooting gallery shall be lawful in a gunsmith's
establishment except in connection with the necessary repair of the firearm used. A
"shooting gallery" must be indoors.
(Ord. No. 17, § 2, 8-1-77)
State law reference —Unlawful carrying of weapon, V.T.P.C. § 46.02.
Sec. 13-2. Gate crashing.
It shall be unlawful for any person to enter, or attempt to enter any theater, athletic field,
or other place of public amusement when any game, exhibition, performance or entertainment
is being given, or prior thereto, without paying the admission fee and without having the
consent of the lessee, agent or manager of such place of public amusement.
(Ord. No. 17, § 3, 8-1-77)
Sec. 13-3. Sleeping or lounging in public places.
It shall be unlawful for any person to sleep or lounge in or upon any public street, alley,
highway, sidewalk, or other public place or building, without a proper permit. (Ord. No. 17, §
12, 8-1-77
*Cross reference —Illegal acts in parks, § 14-6.
Supra. No. 14
817
/ 3 -- 7
.4�
S EP ? 81990
(W Chapter 11
MISCELLANEOUS OFFENSES* OFFICE OF
-My SECRETARY
} Sec. 11-1. Discharge of firearms prohibited.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them herein except where the context clearly indicates a
different meaning:
Firearm. A firearm is any device designed, made or adapted to expel a projectile through
a barrel by using the energy generated by an explosion or burning substance or any device
readily convertible to that use.
Intentionally. A person acts intentionally, or with intent, with respect to the nature of his
conduct or to a result of his conduct when it is his conscious objective or desire to engage in the
conduct or cause the result.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his
conduct or to circumstances surrounding his conduct when he is aware of the nature of his
conduct when he is aware that his conduct is reasonably certain to cause the result.
(b) Prohibition. It shall be unlawful for any person to intentionally or knowingly shoot or
discharge any gun, pistol or firearm within the corporate limits of the city except as provided
below:
(1) It is a defense to prosecution under this section that the actor was in the actual
discharge of his official duties as peace officer.
(2) It is a defense to prosecution under this section that the actor was acting in defense of
himself, his property, or acting in the defense of another.
(3) It is a defense to prosecution under this section that the actor was, pursuant to a
permit issued by the city secretary approved by the chief of police under circum-
stances that will not endanger the health, safety and general welfare of the citizens
of the city, engaged in a public or private show or display or engaged in a public or
private contest.
(Ord. No. 75, § III, 11-11-85)
Cross reference —Definitions and rules of construction generally, § 1-2.
Sec. 11-2. Fireworks prohibited.
(a) Definitions. As used in this section, the term fireworks shall be given its usual and
ordinary meaning and shall include, but not be limited to, firecrackers, Roman candles,
sparklers, torpedoes, buzz bombs, skyrockets, atomic wings, aerial flash salutes and trail
blazers.
(b) Prohibitions. It shall be unlawful for any person to in any manner sell, use, shoot,
discharge, explode, ignite, or display any fireworks within the corporate limits of the city.
(Ord. No. 74, § II, 10-14-85)
Cross references —Definitions and rules of construction, § 1-2; fire prevention and
protection, Ch. 6.
*Cross references —General penalty for violations of Code, § 1-15; negative complaint
not required for violations, § 1-16; judgments and sentences to run consecutively, § 1-17;
traffic and motor vehicles, Ch. 16.
Supp. No. 1
591
/ .3 -/0
Chapter 13
OFFENSES*
Sec. 13-1. Discharging of firearms.
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind, or
to discharge an air rifle or air pistol of any description, by whatever name known, that by
ny other means is capable of
means of compressed air, compressed gas, springs or solid object foraa distance of greater than fifty 50)feeg,
ing and propelling shots, pellets or any J
within the city limits.
(Code 1977, § 11-31)
*Cross references —General penalty for Code violations, § 1-7; emergency management,
Ch. 6; municipal court, Ch. 12; police, Ch. 16; traffic, Ch. 19. [The next page is 8391
789 -//
/3
WHSCELLANEOUS PROVISIONS AND OFFENSES 2-10
S E P 2 819�0
Sec. 22-8. Throwing or shooting stones, arrows, missiles, etc.
OFFICE OF
Any person who shall throw or cast any stone or other missile upon, at or tMCRETARY
house in this city, or throw or shoot any bullet, stone or other missile from any slingshot,
rubber shooter or other contrivance of like kind, in, from or into any street, alley, lane, public
place, or enclosed grounds in this city, shall be deemed guilty of a misdemeanor.
Any person who shall shoot any arrow from a bow or other contrivance, such arrow
equipped with a steel point or tip or similar material composing such point or tip, capable of
inflicting injury or death to birds, animals, or persons in the manner in which the same was
under the control of the person shooting such arrow from such bow or other contrivance, shall
be deemed guilty of a misdemeanor.
(Ord. No. 1988, § 2, 6-15-89)
� Sec. 22-9. Discharge of firearms.
(a) Any person who shall fire or discharge any cannon, gun, pistol, or firearm of any
description in the city, except as set out below in subsection (b), and except target guns in
shooting galleries and weapons in authorized ranges approved by the chief of police in
compliance with pertinent regulations, under the supervision of qualified personnel in com-
petitive shooting clubs and unless in case of urgent necessity, shall be guilty of a misdemeanor.
(b) Under the direction and under regulations to be established by the chief of police of
_ the City of Temple, dog pound personnel and police officers may fire or discharge guns, pistols,
or firearms which fire projectiles designed to render unconscious dogs and other small animals.
(Ord. No. 1988, § 2, 6-15-89)
Sec. 22-10. Hypodermic needles and syringes; sale, etc. restricted.
(a) Except as otherwise provided herein, no person shall sell, offer for sale, deliver or give
to any individual under the age of eighteen (18) years any hypodermic needles or syringes,
without the written consent of the parent or guardian of such purchaser or recipient.
(b) Each person, firm or corporation selling or offering for sale or otherwise handling the
hypodermic needles and syringes shall keep and maintain a written register reflecting the
date of acquisition, the name and address of purchaser or recipient, item and quantity. Said
record shall be in duplicate, one copy to be maintained by preparer, and the other copy to be
delivered to the City of Temple Police Department not later than thirty (30) days following the
transaction.
(c) All persons purchasing or otherwise receiving the aforementioned products shall give
the written register and shall produce a valid Texas Driver's License or other applicable
identification at the request of the person, firm, or corporation selling or offering for sale said
products.
(d) The terms sell, offer for sale, "delivery," or give, as used herein, shall exclu-
sively be limited, in definition, to apply to retail sales or distribution by persons, firms, or
corporations engaged either directly or indirectly in the sale, distribution, or supply of hypo-
dermic needles and syringes.
Supp. No. 4
1337
,3-1a
City of Southlake, Texas
i
c !
M E M O R A N D U M
August 31, 1990
TO: HONORABLE MAYOR FICKES AND MEMBERS OF CITY COUNCIL
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-66, Establishment of Committee for
Southlake Library
-------------------------------------------------------------
During the last City Council meeting, Mrs. Karen Apple asked
the City Council to consider a resolution establishing a
committee to provide the City of Southlake with a public
library. Council asked that a Resolution be on the agenda
for September 4, 1990.
If you have any questions, please do not hesitate to contact
me.
SLL/sl
/Z-/
City of Southlake, Texas
RESOLUTION NO.90-66
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR
THE ESTABLISHMENT OF A COMMITTEE TO PROVIDE
THE CITY OF SOUTHLAKE WITH A PUBLIC LIBRARY;
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO
SERVE ON THE COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, for the betterment of the quality of life in
Southlake, the City Council of the City of Southlake deems it to
be in the best interest of the citizens to establish a committee
for the purpose of establishing a Southlake Public Library; and,
WHEREAS, a Southlake Public Library will provide an
incentive for economic growth by showing that Southlake cares
about the quality of life; and,
WHEREAS, Southlake citizens currently have free access
to the Grapevine Public Library, however, an Interlocal Agreement
between the City of Grapevine and City of Southlake for use of
their library would be desirable; and,
WHEREAS, the committee will be charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, looking into a site for a Southlake Library and
looking into a possible building for a library; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the above premises are hereby found to be true
and correct and are incorporated into the body of this resolution
as if copied in its entirety.
Section 2. The committee is hereby charged with gathering
information in regards to an Interlocal Agreement with City of
Grapevine, for the use of the Grapevine Public Library; looking
into a site for a Southlake Public Library; and, looking into a
building for the Southlake Public Library.
Section 3. That the following persons are hereby appointed to
serve on the committee to provide the City of Southlake with a
public library:
1.
2.
3.
4.
5.
/9'
City of Southlake, Texas
Resolution 90-66, Southlake Library Committee
page two
Section 4. That this resolution is hereby effective upon
passage by the City Council.
PASSED AND APPROVED this the day of
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
Irliz�a 9 o�����s
CITY OF SOUTHLAK E �'.A "C£ 0r
^RETAR3
APPLICATION FOR APPOINTMIENT TO: (name of board, commission, or
committee) :
Library Committee
(use a separate application for each appointment desired)
Name: Stephen W. Apple
Address:
Home Phone: 481-5490 Years in City: 1+
Employer: IBM Corporation Phone: 214-620-6794
Current and/or previous board, commission, or committee experience
in the City of Southlake: Capital Improvements Committee,
Zoning Board of Adjustments
Reasons for desiring to serve on this board, commission, or
committee, and your opinion as to the purpose, goals, and duties of
same: I am committed to ensuring library services are provided
for Southlake citizens now and in the future I see the purpose
of the committee to evaluate the interlocal agreement proposed
by the Grapevine and make recommendations to the City Council
Qualifications and experience that would assist you in serving in
this position: Management experience, committee experience.
negotiation skills.
Do you understand and agree that your regular attendance and active
support are required as an appointee and that noncompliance could
result in removal from the board? YES
Additional information or comments: Founding member, Friends of the
Southlake Library.
Please return this completed form to the City Secretary's office.
Each application will be kept on file for one (1) year. After that
time it will be necessary to reapply and update the information
herein if you wish to continue to be considered for appointment.
Signature _ .=/ = i Date
/gr/
Epl s i�9G
CITY OF SOUTHLAKE C : CE OP
£T'f S£CRET�i,?
APPLICATION FOR APPOINTMENT TO: (name of board, commission, or
committee) :
Library Committee
(use a separate application for each appointment desired)
Name: Karen Apple
Address: 2819 Rainfor
Home Phone: 481-5490 Years in City: 1+
Employer: IBM Corporation Phone: 214-620-5822
Current and/or previous board, commission, or committee experience
in the City of Southlake- Park Board, Court of Record Committee
Reasons for desiring to serve on this board, commission, or
committee, and your opinion as to the purpose, goals, and duties of
same: I am committed to providing library services to Southlake
citizens The purpose of the committee is to evaluate the
opportunity for cooperation with the Grapevine Library and make
recommendations to the City Council._ -
Qualifications and experience that would assist you in serving in
this position: Previous committee experience
Do you understand and agree that your regular attendance and active
support are required as an appointee and that noncompliance could
result in removal from the board? YES
Additional information or comments: Founding member, Friends of the
Southlake Library
Please return this completed
Each application, will be kept
time it will be necessary to
herein if you wish to continue
form to the Citv Secretary's Office.
on file for one (1) year. After that
reapply and update the information
to be considered for appointment.
Signature: ����'���" `-� Date: