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1999-04-06 CC PacketCity of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Gra-Tex Utilities for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park Action Requested: Staff requests the City Council award the bid to Gra-Tex Utilities for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park. Background Information: The CIP budget provides $225,000 for the construction of a sanitary sewer line from the existing sewer line at Crossroads Square to the existing sewer line at the end of Caddo Lake Drive in the Lake Crest Addition. A portion of this line has been constructed, at a cost to the City of $77,875, with the participation of the Shady Oaks Retail Center developers. The existing portion extends from the end of Caddo Lake Drive extending northward across F.M. 1709. The authorization to advertise for bids on this project was approved at the Regular City Council Meeting on April 21, 1998. The reason for the delay in awarding the bid is due to two easements that needed to be acquired prior to construction. These two easements have since been obtained. Upon completion of the sewer line, the lift station located on the First American Savings Bank property will be abandoned. Financial Considerations: Of the $225,000 budgeted, $147,125 remains for the completion of this project ($225,000 - $77,875=$147,125). Out of four bids received, the low bid is $127,719 by Gra-Tex Utilities (see attached bid tabulation). Engineering and design costs were $11,040. This brings the total project cost to $138,759. This is under the estimated cost by $8,366. 5B-1 C Curtis E. Hawk Award of Bid Memo April 1, 1999 Page Two Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: Not applicable Not applicable There are three alternatives for this request: approve the request as submitted, approve with modifications, or deny the request. Bid tabulation Map of proposed improvements Staff r,n-.om:,s f—he City ..,.,i t.�,n -1 to ... ... _.. Utilities in the amount of $127,719 for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park. Please place this on the April 5, 1999 Reb;:lar Ci ;, Cc,.:.,`il A ry ."An fnr Nr;,-vgy and approval. Approved for Submittal to City Council: Q I -- City Manager's Office f L N r Z W W O d 2 moo 1 1-10 ' Q lH�Nm o lHmo oIG;9 cGoz'o= 91oo loolood 0ollI Goo 0o 0o cooOo noo f IHnvoo_ II I I `n � FUII IrmHo� 0C', (OU')oU1 Qu0 C. N o �nN-1-� n Y7 NDH I(Dnrnmo (- !" i Hnoo HcOod m VP,Vo! 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U cr p z z W a 0 W r J U mz mLL t O s�^.cna,ua ti pz z ooa om Qa wwz0 aW m <aWc F- F:rQh¢m O 0 J O F U a ~ a a a co O a a zx*a0, W J) i w uiI F- a aaaa� m aa0 a w w >>WwV X U x z o - I W z g U) U) U) m z z m a 22 g z w O t- pl = i 0 (n(ncn(n0ONmapwwJOwxw w m a U O 0 mI co co cocoUUoom cUaXa0E-Wa a w O N, Q i!1 m f` co I f Z I 5B-3 C*Ityof S ProposedSanitary Sewer Improvements Pv BftSta' 1709/SHADY PN F.M. 1709 R v� D• NP G P G S PG °R C PM COURT EAST PG E v to 0 DISCLAIMER Legend This data has been compiled for The N Nei Existing Sanitary Sewer Line City of Southlake. Various official , and unofficial sources were used to gather this information. Every effort S Pied Sanitary Sewer Line • was made to ensure the accuracy of this data, however, no guarantee is No Scale given or implied as to the accuracy of said data. 5B-4 Public Works - GIS 0 City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Charlie Thomas, Deputy Director of Public Works SUBJECT: Resolution No. 99-13, vacating and abandoning a 100-foot public utility easement east of Carroll Avenue on the Rockenbaugh property Action Requested: Staff requests that the City Council adopt Resolution No. 99-13, vacating and abandoning a 100-foot public utility easement east of Carroll Avenue on the Rockenbaugh property. Background Information: On March 15, 1971 Mr. Robert H. Rockenbaugh dedicated a portion of a 100-foot public utility easement on his property along the east side of North Carroll Avenue. This easement is not being used by, nor is it useful or convenient to the public in general. In fact, there is an error in the field notes that actually describes the easement as being on a different property. This dedicated easement is clouding the title and preventing Mr. Rockenbaugh from selling this property. Financial Considerations: This easement was originally dedicated without compensation. Hence, there is no financial obligation by the City of Southlake. Citizen Input/ Board Review: Not applicable Legal Review: The resolution and quit claim deed were drafted by city attorneys. Alternatives: There are two alternatives for this request: approve the request as submitted and adopt Resolution 99-13, or deny the request. 5C-1 Curtis E. Hawk Res. 99-13 Memo April 1, 1999 Page Two Supporting Documents: 0 Staff Recommendation: Resolution 99-13 Easement Dedication Plat Exhibit Application for R.O.W. Abandonment Correspondence Letters Location Map Staff has reviewed the need for this easement and recommends that the City Council adopt Resolution 99-13, vacating and abandoning a portion of a 100-foot public utility easement east of Carroll Avenue on the Rockenbaugh property. Please place this on the April 6. 1999 Regular City Council Agenda for review and approval. G; Cuts Approved for Submittal to City Council: C 5C-2 RESOLUTION NO.99-13 A RESOLUTION VACATING AND ABANDONING A 100-FOOT PUBLIC UTILITY EASEMENT, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID 100-FOOT PUBLIC UTILITY EASEMENT AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and Whereas, a 100-foot public utility easement has previously been dedicated to the City of Southlake by Robert H. Rockenbaugh and recorded in Book 5010, Page 600 of the deed records of Tarrant County, Texas, and filed March 15, 1971; and Whereas, the City Council of the City of Southlake, after careful study and consideration, has determined that said 100-foot public utility easement dedicated to the City of Southlake by Robert H. Rockenbaugh and recorded in Book 5010, Page 600 of the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Said 100-foot public utility easement is more specifically described on the attached exhibit: Exhibit A: Legal and Graphic Description Whereas, in order to remove any question as to the continued interest or ownership of the public in said 100-foot public utility easement, the City desires to execute a Quit Claim Deed releasing all title, ownership and control in said easement to 5C-3 the owners of the property on which the easement recorded in Book 5010, Page 600 of the deed records of Tarrant County, Texas and their heirs, and assigns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The 100-foot public utility easement, as described herein, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly, the above described 100-foot public utility easement located on property owned by Robert H. Rockenbaugh and recorded in Book 5010, Page 600 of the deed records of Tarrant County, Texas, is hereby vacated and abandoned as (ow public property and such area so abandoned shall revert in simple fee to the owner of the remainder of said property. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a Quit Claim Deed releasing all claims to title, ownership, or control of the 100-foot public utility easement on behalf of the City of Southlake, Texas. A copy of said Quit Claim Deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. IN 1;{om. PASSED AND APPROVED ON THIS day of 91999. L Q., Mayor Attest: City Secretary 5C-5 QUIT CLAIM DEED STATE OF TEXAS : KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT : That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain 100-foot public utility easement located on property owned by Robert H. Rockenbaugh and recorded in Book 5010, Page 600 of the deed records of Tarrant County, Texas, hereinafter specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake does hereby bargain, sell, release, vacate, abandon and forever quit claim unto: the Rockenbaugh property located in the 2000 Block of North Carroll Avenue and any and all of their heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit A: Legal and Graphic Description TO HAVE AND TO HOLD all of its right, title and interest in and to the above described 100-foot public utility easement unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim or demand any right or title to the aforesaid 100-foot public utility easement, premises or appurtenances or any part thereof. Executed this the day of , 1999. CITY OF SOUTHLAKE Rick Stacy, Mayor 5C-6 C STATE OI' TL•'x',:: COUNTY Of TARRANT EXHIBIT 'A' — 2.0 ' I' I KNOW ALL MEN BY TIIESl4 PRESENTS: ' That we. ROUERT if. ROCKENIIAUGiI and wife, DOROTHY I ROCKENIIAUGPI. of Tarrant County, Texas, for and In consideration of the suet of ONE DOLLAR ($1.00), and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County. Texas. receipt of which Is hereby acknowledged, do grant, bargain and convey to said City, its successors and assigns. the use and passage in and along the following parcel or tract of land, i situated In Tarrant County, Texas, to -wit: An casement for the purpose of construction, and maintenance of any and all public utilities. said property being described as i follows: i I� BEGINNING at a point on the East line of the Carroll School Road, said point being.50' North of the Southern Boundary of that property conveyed to grantors herein by L. R. Ragsdale and wife, Parcbee Ragsdale; i TIIENCG Wumtword on thu line parallel to the said South line to a point even with the West line of the Cayce tract out of the original Lender tract; TIIENCE South 100': THENCE Eastward on a line parallel to the above referenced 'i South line continuing to a point on the East Zinc of the Carroll School Road. (lien North to the point of beginning. 11 is Intended Ivy these presence to convey a right-of-way for public utilities to the City of Southlakc with the usual rights of Ingress and egress in and along said premises.! t J �; 1 ROBERT II. ROCKENIIAUGII DOROI'1(Y;IiOCKENIIAUGIl �J , z X R om; 15.7i z 9 it .1 ann� 50.10 gat 600 5C-7 - ... ..... .. 1.. ..>: c r�za�A. ate'�cL�tti +i7• .�,�. �`� Sidi'!'-�a13�WaJ 1 EXHIBIT 'A' j: 1 •1 . XF sTA•rE Or TEXAS X k�kF ►C:�t'}�+�' COUNTY Or TARRANT BEFORE ME, the undersigned, a Notary Nbllc In and for said County and State, on this day personally appeared R011ER'r 1-1. ROCKENRAUCH and DOROTHY i ROCKENRAUCH, his wife, both known to me to be Elie persons whose names are i subscribed to the foregoing instrument, and acknowledged to me that they each executed C §_ the same for the purposes and consideration therein expresscd. and dta said - ' SZ DOROTHY ROCKENIiAUCH, wife of the said ROBERT H. ROCKENOAUCH, having been examined by me privily and apart from her husband, and having Elie same fully .t explained to her, site, the said DOROTHY ROCKENDAUCH acknowledged such instrum- r: 't`•1 ment to be her act and deed, and she declared that she had willingly signed the same ` for the purposes and consideration therein expressed, and that she did -not w(sh to , e„. restract it. CIVEN UNDER MY HAND AND SEAL OF OFFICE this the day �' { of December, 1968. .r, Notary Pu fe, Tarrant County, Texas r:' - i ' rJ' G_8 l r i EXHIBIT 'A' nnne�J� i� „r� 6fj7.. * 4 H 5 4 � w w U E � o H x u4 paaa O W� E O H l' PATE OP, TrOl COUNTY OF TARRAMT 1 here0y certfh thar iM1 imtrlr.,ent MII Tll[0 a tM tlelr eM al the Irene peZo. ArreJa !e ma eM was d1or RFCOROFO in the Yok," ar1A Rise d the OFFO RFCORM of Ta1n14 Cm ry. Tesas, es •i­hereon by me. 1 MAR 15 1971 - of IIS� COUNTY cuRR TARRANT COUNTY, TLXAR :ryLVr4�v.w- --.yl t •i I; If' i ,i N 1Rfr� c i,f tY>,J r ' 1n`t �SYr Yry tYrr��r't 1 r}'J Q10 CO H aQsS �� r� �2f; •} Fri ta(r �iz.c44. � o ,� f �Tb •, x,ar rn °i • ♦.A Fra+ t14K I�.I{ .r ( �s f '^pa �• .. r'I iv 5C-9 A Z M111 I 1p P L .jzi I; I z p L z I J:i a iz 14, IZ Y III, �4P I I I 5C-10 CITY OF SOUTHLAKE 4/6/94 APPLICATION FOR R.O.W. ABANDONMENT STREET NAME: /9e/AL bw-& H Al GENERAL LOCATION: APPLICANT OTHERS IF APPLICABLE NAME: Ji�!'j'L�5 L' .. t MW ADDRESS:/ q4z &G U& 04Z L SJ - vyi ✓t.(.. QiVI" lX %�O 4 9'L �?d clTGf�11Z , ii� �Cg owl Z- PHONE: 'q) - I hereby request that the City of Southlake abandon the R.O.W. referenced herein. I understand and agree to comply with the Standard Procedure for R. O. W . abandonment provided by the City. Signed:PDate: For Cloy US- fl..l I hereby acknowledge receipt of the R.O.W. abandonment fee of $150.00 on this the 1 day of iO�e6 , 19 �5 . Signed: _- Date: o-t The following must accompany this application in order to be accepted for consideration. Not Provided Applicable Application fee of $150.00 LI-1-1_ Completed Application Name, Address and Phone of all Property Owners Adjacent to the Abandonment Request Legal Description of the Area to be Abandoned Graphic Exhibit Showing Area to be Abandoned with Metes and Bounds Shown Legal Description and Graphic Exhibits for any Divisions Proposed for Acquisition by Separate Owners Approval Signatures From All Utility Companies Legal Descriptions and Graphic Exhibits for any Easements to be Retained Approval Signatures of all Property Owners Adjacent to the Area to be Abandoned C AWPF\FORMS\APPS\RO W-ABAN.APP 5C-11 99-Feb-03 04:38pm From-TU ELECTRIC NESC 8178582590 T-432 P.02/02 F-645 Pcbraary 3, 1999 Jim Haltom 1700 N. Sunshine Jane Southlake, Texas 76092 Attn: Mr. Jim Haltom Re: Easement Identified as Book 5010 Page 600 Tarrant County, Texas Dear Jinn: I have reviewed your request to have the above referenced easement abandoned by the city of Southlake. Lane Star Gas Co_ has no objection if the City decides to release this easement. should you have any questions, please contact me at: Texas Utilities bone Star Gas Company 2001 N. Industrial Bedford, Texas 76021 (817)858-2509 Sincerely, Rex Stewart 5C-12 5�0"d 9T:ZI 66, � qaJ b98Z-886-ZZ6:XeJ sjo}oEJ}U0j fillUTJj 02/01/99 10:00 121 4 972 988 286-1 N0.806 P001i001 X Pebniary 1, 1999 Trinity Contractors, Inc Mr. Jim Haltom 2425 Dillard Grand Prairie, Tx. 75051 GTE Network Services 3500 N. Beltline Road Irving, Texas 75062 Re: Release of Utility Basement ----- Conveyed to the City of Soulhlake from Robert and wife, Dorothy Rockenbaugh as O11�1 Recorded in Vol. 5010, Pg. dl iI1G U�ucu Ged t'Ub- 1-11 Tarrant County, Texas Dear Mr. Haltom: This is to advise that GTE Southwest Incorporated has no objection to the proposed plan to release the subject easement by the City of Soulhlake. Sincerely, la, David Allen 9'2-4/3-7az.8 Designer -Access Design 5c-1 3 s TRI=COUNTY Electric Cooperative, Inc. "A Commitment to Service and Savings" Central Headquarters Office / 600 N W Parkway / Azle, Tx 76020 / Ph:(817)444-3201 or (817)523-7231 / Fax # (817)444-3542 Southwest District Office / 1623 Weatherford Hwy. / Granbury, Tx 76048 / Ph:(817)279-7010 / Fax # (817)279-7012 Northeast District Office / 4740 Keller Hicks Rd. / Keller, Tx 76248 / Ph:(817)431-1541 / Fax # (817)431-9680 B-K District Office 1419 N. Main, P O Box Drawer 672 / Seymour, Tx 76380 / Ph: (940)888-3441 / Fax # (940)888-3820 February 16, 1999 Mr. Jim Haltom 1700 N. Sunshine Ln. Southlake, TX 76092 Dear Mr Haltom - This letter is to advise that Tri-County Electric has no objection to the abandonment of a City of Southlake Public Utility Easement as recorded in Book 5010, Page 600 of the deed records of Tarrant County. Texas, Robert H. Rockenbauoh to Citv of Southlake. Texas, filed March 15, 1971. As always, please feel free to contact me at any time at 817-431-1541 should you have any questions or concerns. Sincerely, D, - SA - . �E4:bc--S4 Scott D. BaumBach Northeast District Manager SDB/lor 5C-14 City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Attn: Mr. Charlie J. Thomas RE: Easement to City of Southlake Volume 5010 Page 600 Tarrant County Dear Mr. Thomas, I am formally requesting that the above referenced easement located on property that I own, be abandoned by the City of Southlake. The Surveyor and the Title Company cannot locate the easement on the property because cf an e..c: iv e''Xgall. —description. Discussions regarding this easement occurred over 30 years ago, but my best recall is that the easement was for the purpose of a street to run west to east parallel to the southern boundary of my property. If you assume the word "westward' in the second paragraph of the legal description and the word "eastward' in the fourth paragraph are reversed, the location of this easement would be on the southern boundary. Although the Surveyor cannot identify the exact location of the easement, the Title Company is taking an exception in the title policy and this places an undue burden on the purchaser. I am including documentation regarding this easement for your review. Should you have any questions, please call me at (817)481-3752. Thank you for your help and consideration. Sincerely, Ms. Dorothy Rockd4augh 1901 N. Carroll Avenue Southlake, Texas 76092 SC-15 To: Whom It May Concern RE: Easement to City of Southlake Volume 5010 Page 600 Tarrant County By this letter I authorize Mr. James C. Haltom to represent me in any and all matters relating to the abandonment of the above referenced easement: This includes any transactions with the City of Southlake and any utility companies that may be involved in this process. Mr. Haltom may make requests for information in my name and any information for me may be given to him. Sincerely, Ms. Dorothy Ro kenbaugh 1901 N. Carroll Avenue Southlake, Texas 76092 (817)481-3752 5C— f 6 City of Southlake 100' Public Utility Easement EST AT Rockenbaugh Property No Scale 5C-17 Public Works - G IS City of Southlake, Texas MEMORANDUM April 1, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Professional services contract with Kimley-Horn and Associates to perform roadway impact fees update Action Requested: Authorize the Mayor to enter into a professional services contract with Kimley-Horn and Associates for updating the roadway impact fees. Background Information: Requests for proposals (RFP's) were sent to twelve local consulting engineering firms for providing professional services for updating the roadway impact fee in conjunction with the City staff, advisory committee and other consultants. From those twelve RFP's, only one response was received, that of Kimley- Horn and Associates. Kimley-Horn and Associates was interviewed by City engineering staff and the chairman of the Capital Improvements Advisory Committee (CIAC) and proved their experience, capabilities and enthusiasm for performing in this role of updating the roadway impact fees. A professional services contract with a scope of services has been prepared by Kimley-Horn and Associates and reviewed by the engineering staff. Financial Considerations: A fee of $ 29,950 has been proposed by Kimley-Horn and Associates. Citizen Input/ Board Review: Ann Creighton, Chair of the Capital Improvements Advisory Committee, assisted staff with the consultant interview, as mentioned above. 51H Curtis E. Hawk April 1, 1999 Page Two Legal Review: City attorneys are reviewing the professional services contract. Alternatives: Approve the professional services contract, direct staff to re- negotiate contract, or direct staff to negotiate a contract with a different firm. Supporting Documents: Professional Services Contract (Note particularly Exhibit A, Scope of Basic Services) Staff Recommendation: It is recommended that the City Council authorize the Mayor to enter into a professional services contract with Kimley-Horn and Associates for review of roadway impact fees. Please place this item on the April 6, 1999 Regular City Council Agenda for review and approval. Charlie J. Tho as Deputy Director of Public Works Approved for Submittal to City Council: X STANDARD AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS AND KINILEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this _ day of , 199_, by and between the City of Southlake. Texas ("the Client") and Kimley-Horn and Associates, Inc., of Dallas , Texas ("the Consultant"). WHEREAS, Client desires to update the City of Southlake's Roadway Impact Fees ("the Project"); and WHEREAS, the Client desires to engage the Consultant to perform certain professional services. NOW, THEREFORE, the Client and the Consultant, in consideration of their mutual covenants herein, agree in respect of the performance of professional services by the Consultant and the payment of those services by the Client as set forth below. the services specifically described in Exhibit A, which is attached and made a part of this Agreement ("the Services"). However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services") hereunder. The Consultant is also authorized, but not required, to perform Additional Services for services deemed appropriate by the Consultant in response to emergencies, unanticipated actions by the Client's contractors, revised regulations, or requirements of authorities, if advance authorization cannot be obtained. The Consultant will notify the Client as soon as practical of the inception of such Additional Services. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as the Client's representative with respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Consultant's services for the Project. (b) Provide all criteria and information as to the Client's requirements, objectives and expectations for the Project, including performance requirements, budgetary limitations, and copies of all standards which the Client will require to be used. (c) Assist the Consultant by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to studies, desran, or construction or operation of the Project. (d) Furnish to the Consultant, as required for performance of the Consultant's Services (except to the extent provided otherwise in Exhibit A), data prepared by or services of others, all of which Consultant may use and rely upon in performing services under this Agreement. G:1TPiGIF? `I;RE%S-LAK.`lagreement.dixhev 2-99 5D-3 Q..' (e) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, obtain advice of an attorney, insurance counselor and other consultants as the Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. The Consultant shall have no liability to the Client for delays resulting from Client's failure to review documents promptly. (f) Give prompt written notice to the Consultant whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant's services, or any defect or nonconformance in any aspect of the Project. (g) Bear all costs incident to the responsibilities of the Client. (3) Period of Services. This Agreement has been made in anticipation of conditions permitting orderly and continuous progress of the Project through completion of the Services. The Consultant shall begin work timely after receipt of a fully executed copy of this Agreement and will complete the Services described in Exhibit A within a reasonable length of time. The times for performance shall be extended as necessary for periods of delay or terminate this Agreement unless the Consultant elects to terminate in accordance with other provisions in this Agreement. If such delay or suspension extends for more than six months (cumulatively) for reasons beyond the Consultant's control, the rates of compensation provided for in this Agreement shall be renegotiated. (4) Compensation for Services. (a) For Services described in Exhibit A, the Consultant's compensation shall be computed as stated in Exhibit B. which is attached and made a part of this Agreement (b) The Client shall also be invoiced for and shall pay to the Consultant all taxes, if any, whether state, local, or federal levied with respect to amounts paid hereunder. (5) Compensation for Additional Services. If the Client authorized the Consultant to perform Additional Services, the Client shall pay the Consultant on a labor fee plus expense basis. Labor fees will be computed on the basis of the Billing Rate Schedule which is attached hereto as Exhibit C. An amount equal to six percent (6%) of the labor fee will be added to each invoice to cover certain other expenses such as in-house duplicating and blue printing, local mileage, telephone calls, electronic messaging, postage, and word processing computer time. Technical use of computers for analysis, design graphics, etc., will be billed at $25.00 per hour. Other direct expenses incurred by the Consultant such as express mail, fees, air travel, out-of-town mileage and other direct expenses shall be reimbursed to the Consultant at 1.10 times cdSL G:\TPTO%FLTI RE\S-LAKELcrxrmni.duJrcv 2-99 7 5D-4 (6) Method of Pavment. (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. When the Consultant's compensation is on a lump sum fee basis, the invoices will be based upon the portion of total Services performed at the time of billing. If the Consultant's compensation is on an hourly basis, the invoices shall be based on time expended in providing the Services. Payment of each such invoice will be due within 25 days of receipt. Interest will be added to accounts not paid within 25 days at the rate of 12% per annum, accruing from the 25`s day. If the Client fails to make any payment due the Consultant within 30 days after the Consultant's transmittal of its invoice. the Consultant rrav, after giving seven days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due. (b) If the Client objects to any charge on an invoice submitted by the Consultant, the Client shall so advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or all such objections shall be waived, and the amount stated in the invoice shall be conclusively deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payments for services, it may recover, in addition to all amounts due and payable, its reasonable attorneys' fees, reasonable experts' fees, and other expenses ill Vl.GGLL111�'J, 11lVVJ0 lUUl111- U/c \.�, ULCIl11l11CU al U11- Lk)113U1La11L3 AU1111al IIVULly Iulllill� fates, 01 tile- Lillie LCiaLC� LU L11%; devoted to such proceedings by its employees. (d) The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Consultant pursuant to this Agreement is not subject to any contingency (7) Use of Documents. All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement. They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability or legal exposure to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. (8) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, all opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not G:1iPTOlrliTt.'RFS-L.4riF4ercement.du✓rev 2-99 3 vary from opinions of cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (9) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Consultant will be paid for all services rendered to the effective date of termination, all expenses subject to reimbursement, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is determined on an hourly basis, the amount payable to the Consultant shall be based on the time spent and expenses incurred on the Project to the effective date of termination. If the Consultant's compensation is a lump sum, the amount payable to the Consultant will be a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Consultant, to the total services which were to have been performed, less prior partial payments. (10) Insurance. The Consultant is protected by Workers' Compensation insurance, professional liability insurance, and public liability insurance for bodily injury and property damage and will exchange certificates of insurance upon request. If the Client directs the Consultant to obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional Workers' Compensation or similar coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (11) Liability. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary of the Client. The Consultant agrees that during the period in which an action otherwise could be brought against it, the Consultant will hold the Client harmless from loss, damage, injury, or liability arising directly and solely from the negligent acts or omissions of the Consultant, its employees, agents, subcontractors and their employees and agents but only to the extent set forth as follows. To the fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not Kluited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors. employees, agents, and subconsultants shall not exceed the total compensation received by the Consultant under this Agreement or $25,000, whichever is greater. Under no circumstances shall the G:',TPTOkRTI REtS-LAK.�a;rrment.Juc/rev 2- W 4 Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. (12) Certifications. The Consultant shall not be required to execute any certifications or other documents that in any way might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability or cost of its insurance. (13) Expenses of Litigation. If litigation or arbitration related to the services performed is initiated against the Consultant by the Client, its Contractor, or subcontractors, and such proceeding concludes with the entry of a final judgment or award favorable to the Consultant, the Client shall reimburse the Consultant its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceeding, including the cost, determined at the Consultant's normal hourly billing rates, of the time devoted to such proceeding by the Consultant's employees. -F n submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (15) Construction Phase Services. (a) If the Consultant's scope of services or Additional Services include the preparation of documents to be used for construction, the Consultant's offer to prepare these documents is predicated on being retained and paid for conducting visits to the construction site at appropriate intervals. The Consultant shall not be responsible for any interpretation of the intent of its documents if it is not retained and paid for periodic site visits. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage. sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the, contractor shall indemnify the Client and the 1. Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. CAT?TO\FU URE1S-LA.K2'.z, -ment.dmJmv 3=99 5 �� (16) Hazardous Substances. (a) Unless stated in Exhibit A, it is understood and agreed that the Client does not request the Consultant to perform any services or to make any determinations involving hazardous substances or conditions, as defined by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in Exhibit A of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant will stop affected portions of its services. The parties shall decide if Consultant is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. (c) If the services to be performed by the Consultant cannot be performed because of the actual or suspected existence of a hazardous substance or condition different from that contemplated in Exhibit A, the Client shall be deemed to have substantially failed to perform in accordance with the terms of this Agreement for the ,.c. _a,_ _ _h im (d) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against anv and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. (17) Assignment and Subcontracting. Nothing under this Agreement shall be construed to give anv rights or benefits in this Agreement to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Consultant and not for the benefit of any other party. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing in this paragraph shall prevent the Consultant from employing such independent professional associates, subconsultants, or suppliers as the Consultant may deem appropriate to assist in the performance of services. (18) Confidentiality. The Client consents to the Consultant's use and dissemination of photographs of the Project and to its use of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality, df that material. G:ITPTG\F,.7UREIS•L4Kf,zzm=nt.duc/rev 2.1j9 6 (19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement shall bind, and the benefits thereof shall inure to the parties hereto, their legal representatives, executors, administrators, successors and assigns. This Agreement contains the entire and fully integrated agreement between the parties, and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document executed by both parties. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of the provision in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision or affect the enforceability of that provision or the remainder of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CLIENT: BY: ITS: ATTEST: (IF CORPORATION, AFFIX CORPORATE SEAL) KIMLEY-HORN AND ASSOCIATES, INC. ITS: ATTEST: G;',TPTOkFL-rUREIS-LAK£�gmc=nt.d,.,imv 2- 9 7 5D-9 EXIMIT A SCOPE OF BASIC SERVICES The basic scope of services to be provided by Kimley-Horn and Associates, Inc. (KHA) shall be as set forth herein. PROJECT UNDERSTANDING In 1996 the City of Southlake adopted roadway impact fees. The enabling State Law, Chapter 395 of the Texas Local Government Code, requires that such fees be updated at least every three years. It is assumed that the City's financial consultant will provide coordination for the impact fee update, integrating the analyses and documentation performed by relative to the roadway impact fees into the overall impact fee ordinance. BASIC SERVICES Project Management and Control Ali l:uwu rValia -A,:--A,:-L.iLy -.IuGJ1Si1alCLL tlt ViGl.I representative, the City's financial consultant, and (through these individuals) with any other involved consultants. KHA will provide internal project administration including the set-up and maintenance of a project filing system. KHA will provide internal management to assure that the appropriate personnel and equipment resources are made available to KHA's Project Manager. Meetings As part of its basic services, KHA will prepare for and attend meetings as follows: • One (1) kickoff meeting plus up to three (3) other coordination meetings with the City staff and other consultants • Up to two (2) meetings with the Advisory Committee • One (1) City Council meeting Data Assembly and Review KHA will assemble and review the following data provided by the City: • Land use and demographic projections for a 10-year period • Thoroughfare plan • Existing impact fee ordinance (and relevant files relating to its administration) • Traffic count data (current and historical) EXHIBIT A, SCOPE OF BASIC SERVICES Page 2 of 3 North Central Texas Council of Governments (NCTCOG) Traffic Survey Zone (TSZ) maps and population and employment data KHA will prepare the letter for the City to send to NCTCOG to request the TSZ data but. Der NCTCOG policy, it must be requested by and sent to the City. (It has been assumed that it will not be necessary for NCTCOG to make new model runs.) Roadway Impact Fee Update KHA will review the City's existing impact fee ordinance and the various assumptions and methodologies that were used as the basis for the establishing the City's existing maximum roadway impact fees. This will include a review of the service areas, service units, existing and proposed conditions, and the spreadsheet models. In consultation with the City staff and the City's financial consultant, KHA will determine whether any modifications appear to be needed relative to the service areas for roadway impact fees and whether additional land use categories should be included in the land use vehicle -mile equivalency table. KHA will determine the service units for new development. KHA will revalidate assumptions regarding trip length. Using tile' IIIUJi 1Gl.Glli Guiuiw! uf uiG Zl&6;f6eel J Iiii./ Trip Generation Manual, KHA will develop updated trip generation and passby trip rates. KHA will perform an analysis of currently existing conditions. This will include a determination of roadway capacities, volumes, vehicle -miles of supniv. vehicle miles of demand and currently eyiRtina excess capacity, and currently existing deficiencies. In consultation with the City staff and the other consultants, KHA determine proposed conditions for the year 2009, the target year for the impact fee growth projections. This will include growth and new demand. KHA will also provide input regarding the updating of the Roadway Capital Improvements Plan (CIP). Once consensus has been reached regarding an updated CIP, KHA will determine the capacity available for new growth, the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting maximum roadway impact fees by service area. KHA will also provide input regarding the actual impact fees to be adopted for each service area. Documentation To document its various analyses, KHA will develop a Draft Report and a Final Report. It is anticipated and assumed that the final report will be included in a comprehensive impact fee update report to be coordinated by the City's financial consultant. KHA will provide, in a format appropriate for use as exhibits and attachments to the impact fee ordinance itself, ten (10) copies of the Draft Report and a single master copy of the Final Report. KHA will also prepare the technical documentation of the Roadway Impact Fee. In addition, KHA will deliver to the City copies of spreadsheets, databases, and geographic information system (GIS) files used in the Roadway Impact Fee study. 5D-11 EXIIIBIT A, SCOPE OF BASIC SERVICES Page 3 of 3 For each of the two Advisory Committee meetings and the City Council meeting, KHA will prepare appropriate handouts and a PowerPoint' presentation. Such materials and presentations will be developed in "layman's language." INFORMATION TO BE FURNISHED BY THE CITY It is assumed that the following information will be provided to KHA by the City at no cost to KHA: Copy of most recent impact fee ordinance and supporting data Land use assumptions for the year 2009 Thoroughfare plan Demographic projections for the year 2009 Zoning changes and plats since the most recent Impact Fee ordinance update Base mapping in electronic format Traffic count data (current and historical) format NCTCOG TSZ maps and data (population and employment) 0- 5D-12 "A it EXHIBIT `Ar"- COMPENSATION FOR BASIC SERVICES It is mutually agreed that the ENGINIEER's compensation for the services for the basic services described in Exhibit "A" shall be made on a lump sum basis, with payments to be made on the basis of percent complete by task. The parties have agreed that the ENGNEER's total compensation for this lump sum portion shall be $41,800.00. Task (Lump Sum Portion) Amount Percentage of Lump Sum Portion Task 100 — Project Management and Control ( $2,850.00 6.82% Task 200 — Meetings $4- ;-s8'6d' 32.18% Task 300 — Data Assembly and Review $3,100.00 7.42% Task 400 — Update Roadway Impact Fees $.W;20O.G& 33.97% Task 500 —Documentation $8,200.00 19.62% Total for Lump Sum Portion $41,800.00 I 100.00% 5D-13 I LN P EXHIBIT" Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Principal / Senior Principal $I50 - $180 Senior Professional II $130 - $160 Senior Professional I $110 - $120 Professional II / Registered Professional $ 90 - $105 Professional / Professional I $ 70 - $ 85 Designer $ 95 - $ 110 CAD Operator $ 65 -$ 85 c,�j,rorr crafF $ 45 - $ 65 Technician $ 45 - $ 80 Partv Chief $ 55 - $ 60 Instrument Man $ 50 Rodman S 40 G:' TPTO\FLPI'LRE\S-LAKE\EXHIBT-C. DOC89 5D-14 v City of Southlake, Texas MEMORANDUM March 31, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 738, 1' Reading, Approving rates changes for Lone Star Gas Company Action Requested: Approval of Ordinance No. 738, approving rate changes for Lone Star Gas Company, on first reading. Background Information: On December 2, 1998, Lone Star Gas Company filed its Statement of Intent to increase rate schedules within the City by 7.7 % effective January 7, 1999. Pursuant to Section 104.107(a)(1) of the Gas Utility Regulatory Act, the City Council approved Resolution No. 98-79, suspending the proposed rate schedules of Lone Star Gas Company for 90 days, until April 7, 1999. As negotiations with the Company have ensued, Lone Star Gas agreed to extend the effective date 25 days, which means that the suspension period will not expire until May 2'. As such, Southlake City Council will need to act on the ordinance approving changes on April 6 and April 20 to ensure action prior to the effective date. If no action is taken before the deadline, it is my understanding that the rates, as proposed by Lone Star Gas, will automatically take effect. The City of Arlington has coordinated an effort of the affected cities in the Midcities System to review the rate change proposals. These cities are Arlington, Bedford, Colleyville, Dalworthington Gardens, Euless, Grapevine, Hurst, Keller, Mansfield, Pantego, Southlake, Trophy Club and Westlake. This Steering Committee employed outside legal counsel, Butler, Porter, Gay & Day, and consultants Bill McMorries, Connie Cannady and Dr. Eugene Rasmussen to address engineering, accounting and cost of capital issues, respectively. Since January, the Steering Committee and consultants and Lone Star Gas have worked toward reaching a settlement. While Lone Star Gas had requested a 7.7 % distribution system increase, the cities consultants believe that the proposed increase is too high and advised the cities to negotiate these rates down to a more reasonable level. Note that each city's rate adjustment will vary, depending on how their current rates compare with the proposed uniform rate for the Midcities System. The current rate design includes customer charges (fixed charge) of $5.00 and $12.00 commercial. Lone Star had proposed increasing these rates to City of Southlake, Texas MEMORANDUM March 31, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 738, 1' Reading, Approving rates changes for Lone Star Gas Company Action Requested: Approval of Ordinance No. 738, approving rate changes for Lone Star Gas Company, on first reading. Background Information: On December 2, 1998, Lone Star Gas Company filed its Statement of Intent to increase rate schedules within the City by 7.7 % effective January 7, 1999. Pursuant to Section 104.107(a)(1) of the Gas Utility Regulatory Act, the City Council approved Resolution No. 98-79, suspending the proposed rate schedules of Lone Star Gas Company for 90 days, until April 7, 1999. As negotiations with the Company have ensued, Lone Star Gas agreed to extend the effective date 25 days, which means that the suspension period will not expire until May 2'. As such, Southlake City Council will need to act on the ordinance approving changes on April 6 and April 20 to ensure action prior to the effective date. If no action is taken before the deadline, it is my understanding that the rates, as proposed by Lone Star Gas, will automatically take effect. The City of Arlington has coordinated an effort of the affected cities in the Midcities System to review the rate change proposals. These cities are Arlington, Bedford, Colleyville, Dalworthington Gardens, Euless, Grapevine, Hurst, Keller, Mansfield, Pantego, Southlake, Trophy Club and Westlake. This Steering Committee employed outside legal counsel, Butler, Porter, Gay & Day, and consultants Bill McMorries, Connie Cannady and Dr. Eugene Rasmussen to address engineering, accounting and cost of capital issues, respectively. Since January, the Steering Committee and consultants and Lone Star Gas have worked toward reaching a settlement. While Lone Star Gas had requested a 7.7 % distribution system increase, the cities consultants believe that the proposed increase is too high and advised the cities to negotiate these rates down to a more reasonable level. Note that each city's rate adjustment will vary, depending on how their current rates compare with the proposed uniform rate for the Midcities System. The current rate design includes customer charges (fixed charge) of $5.00 and $12.00 commercial. Lone Star had proposed increasing these rates to Curtis E. Hawk Ordinance No. 738, Lone Star Gas Page 2 of 3 $8.00 and $14.00, respectively. The Steering Committee has held firm that g the existing customer charges remain in place at $5.00 and $12.00, and that the rate adjustment be made in volumetric charges. The settlement proposal on the table will, for Southlake, result in an increase of 5.07 % for residential and a decrease of $0.36% for commercial customers. This settlement agreement will result in Lone Star receiving 40 % of their original request, with customer charges remaining at $5.00 (residential) and $12.00 (commercial). In addition, the settlement rejects adjustment clauses. Lone Star Gas rates were last increased in October 1994, at which time the residential rates were increased an average of $0.67 monthly. The City's current Lone Star Gas franchise agreement was approved in 1992, expires 20 years from that date, and provides for a franchise fee to the City of 4 % of gross revenues. Financial Considerations: The settlement agreement provides for Lone Star Gas charges which will increase the residential rate 5.07 % and decrease the commercial rates 0.36 % The City does have Lone Star Gas service accounts, but the financial impact of the change will be minimal on the Fiscal Year 1998-99 budget. Although increases to residential rates would result in increased franchise fee collections, the impact will be minimal. Citizen Input/ Board Review: No Board input required. Legal Review: The ordinance reflecting the settlement agreement with Lone Star Gas was prepared by the Steering Committee's consulting legal counsel. Alternatives: City Council may approve or deny by ordinance - denying would give Lone Star Gas the right to appeal to the Texas Railroad Commission. Supporting Documents: The Steering Committee's final settlement offer was extended to Lone Star Gas today, Wednesday, March 31. As such, the consultants had not had time to prepare the new ordinance prior to packet deadline. The ordinance will be provided during the meeting on Tuesday. One of the consultants will be present during the April 20 meeting to discuss this case in detail with Council. Staff Recommendation: Council approval of Ordinance No. 738 on first reading. P Curtis E. Hawk Ordinance No. 738, Lone Star Gas Page 3 of 3 Approved for Submittal to City Council: City Managers ice S� 3 City of Southlake, Texas MEMORANDUM April 1, 1999 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Award of bid to Cajun Contractors, Inc. for the construction of a sanitary sewer lift station at Lonesome Dove and a lift station to serve the Raintree/Shady Lane area Action Requested: Staff is requesting the City Council to award the bid to Cajun Contractors, Inc. for the construction of two lift stations, one in the Raintrzz/Shady T _ .__ __.,_: ,- .. .. v .�M iy U. end +ho LaiiC ui �;u, vv l.i..., � .., t,: , other lift station on Lonesome Dove. Background Information: 'r� a T ...... •� e +='i +° t1,a The lift station in uic' %uiii�i�.G vuuu� L..xl,.. City's infrastructure to pump the sewage generated from the N-4 and N-5 drainage basins to the gravity main along Kirkwood Boulevard, which is under construction. The Wal-Mart and Village Center are developments located in the N-4 drainage basin (see attached location map). Currently, the lift station located near the Mesco business pumps the sewage from the N-4 basin into the City's southern drainage region. The City has an agreement with TRA to eliminate the diversion of sewage from the northern drainage region to the southern drainage region. Therefore, the construction of the lift station in the Raintree/Shady Lane area is required to comply with the TRA agreement. Please recall that a portion of the N-5 drainage basin (40 houses in the Raintree area) will be served by the City of Grapevine per the interlocal agreement approved on September 15, 1998. In return, the City of Southlake will serve 40 single-family equivalent units along Lonesome Dove for the City of Grapevine. These 40 services will feed into the proposed lift station on Lonesome Dove. 5F-1 Curtis E. Hawn April 1, 1999 Page Two The lift station on Lonesome Dove will replace the existing undersized lift station and will pump the sewage generated by the N-3 drainage basin to the gravity main along Kirkwood Boulevard. Whispering Dell Estates, Chapel Downs, Lonesome Dove Estates, and Mission Hill Estates are subdivisions located in the N-3 drainage area (see attached location map). Financial Considerations: City Council authorized staff to advertise for bids on the lift station in the Raintree/Shady Lane area on August 18, 1998. Bids were received on November 19, 1998 (see attached bid tabulation). Only two bids were received, possibly due to the high demand now existing on the construction industry for this particular work discipline. The low bid was $626,800 from Earth Builders, Inc., or Decatur, Texas. Only $467,500 was budgeted in the CIP plan to construct the lift station. In order to enhance the economy of scale, the lift station in the Raintree/Shady Lane area and the lift station on Lonesome Dove 1144., were bid together as one project. The low bid was in the amount of $1,003,500 from Cajun Contractors, Inc., of Lewisville, Texas. In the CIP plan, a total of $1,000,000 has been budgeted to construct both lift stations. Citizen Input/ Board Review: Not applicable. Legal Review: Not applicable. Alternatives: Not applicable. Supporting Documents: Bid Tabulation for N-4 lift station in Raintree/Shady Lane area Bid Tabulation for N-4 lift station and Lonesome Dove Lift Station Location Map 5F-2 Curtis E. Hawk April 1, 1999 Page Three Staff Recommendation: Staff recommends that City Council award the bid for the construction of a sanitary sewer lift station to serve the Raintree/Shady Lane and the construction of a lift station at Lonesome Dove to Cajun Contractors, Inc., in the amount of $1,003,500. Please place this item on the April 6, 1999 Regular City Council Agenda for City Council review and approval. ob Whitehead Director of Public Works BW/sp Approved for Submittal to City Council: City �'S'ddic'e/ 5F-3 (�C O O n Z H v W n a Z W W w a.. CG L W U) A w W W U) �N f.L Z Boa � o o I'I 0 e� h u_ U U- m m N yam O Ouj r m m lo z mU F- jC W ©6 a LU Z ( coo o� 1 ~ CD w � N O a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0co 0 00 00 q,, co 4n v `Tc�pcom I o00 0 o 0 moo^ x x~ f- U O o 0 o O Cl ° ZO m I dCD O CN 0 0- F= o 0 00 0 0 0 Q o �Do 0 o a co I?N 0)��m O eA H4 � N 7 Vi r� O W E U to ID W to N N Q O O I Q 0 0 0 O I0 T�J N W LL1 F W U O cm)O O O O O CD O coo a -� a O a o W �Q(LU- � ai O aid z N v) n UJ vi of W F N Z Nui �_ W Z m m Q O ~ U! 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N TN w t_ 7 O 0 wM 0s O M A C L) ViIN N N N Q N N �a)a, II p i O O y Y V Q IZ�I r U.,O O O O O O 09 r�Z m UO Oa oo7`ncNv Cl) MOk�_ 0�^ 0 I 0 0 0 0 0 0 0 0 0 Q 0 J N0000 O 0 W N O O O n 10 a uri rn G V*w o «� » o C N I� p m I?o, O U 7 » J� N O ~ ` ^ N ON Vi I Q _ I N 1 olcoo 0 0 0 0 00 0 ! I I I ! ?C m n �- U I l I O 0 0 0 0 00 ( l Z: IN O N 0 a Oa I7 u7 Ia ~ I o n vi vi vi Z. J J J J J oQ c o Jo I QI I Y LU Z a FW- Q > oI rr 0I I Z Z toj CO U N w OI _O Z W � W z F C7 � V 7 0 P 2 a uw mi Q v)0 LU Q ?� QFw_- I �O �� Z� 0J H toN W U j C OI r a m O O Z j Q i uw �� a� aLU 0 oo L xI 0 Q; r > J 7 wow ml O O Z� O FQQ r y 2 1 f z M m D LL V7 a, Z m LLI } `L O W LL O O 7 U � O-j L) - 0< 0}� � 0 0 Q Q _ r -J a, = cn m n F- r J aid a< nm i I Z F v0<0 W0 >wW C O r O Q j � �i I x C6 U 00LLI r (D Z I iJmU) J J W dC 9 C� U o arnv)rW I no l i O 1 1 1 1 `L 'H N O1 Q Q N l ZI iCQ Q 5F-5 City of Southlake, Texas MEMORANDUM April 1, 1999 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of sanitary sewers for the Neighborhood Sewer Program for Shadow Creek and Trail Creek Additions Action Requested: Authorize the Mayor to enter into a professional services contract with Cheatham and Associates for the design of sanitary sewers for Shadow Creek and Trail Creek Additions. Background Information: The 1998-99 Capital Improvement Projects pian included as 61e next set of Neighborhood Sewer areas: • Cedar Creek Plantation (under construction) • Cedar Oaks Estates • Shadow Creek Addition • Trail Creek Addition, Phase I Because of the relatively small length of these two neighborhood projects and the relative closeness to each other, staff is suggesting they be designed under one contract. Financial Considerations: The CIP budget has $200,100 budgeted for the design, survey and construction of the sewer lines in Trail Creek and Shadow Creek Additions. Citizen Input/ Board Review: In keeping with the City Council's direction to survey the neighborhoods before engineering design begins, a survey was sent to the homeowners. To date there have been 17 surveys returned, with 15 in favor, and 2 against. A matrix of responses by each subdivision is attached. 5G-1 Lq Curtis E. Hawk April 1, 1999 Page Two Legal Review: City attorneys are reviewing the professional services contract. Alternatives: Approve the professional services contract, direct staff to re- negotiate contract, or direct staff to negotiate a contract with a different firm. Supporting Documents: Shadow Creek Survey Matrix Trail Creek Survey Matrix Professional Services Contract Staff Recommendation: It is recommended that the City Council authorize the Mayor to enter into a professional services contract with Cheatham and Associates for the design of sanitary sewers for the Shadow Creek and Trail Creek Additions. Please place this item on the April 6, 1999 Regular City Council Agenda for review and approval. Bob Whitehead Director of Public Works Approved for Submittal to City Council: C'_� City M 's ffce 5,-2 L M A r Z N O E Q L= Q U) w 3 U U) o O O Q O c z � I I I Imo) � O O L L O /! L L � to N c L c O i E E E O C E E c c U -E -E .Q O m M 3 3 0 Q Qi O 0 O c c c a a c c cn o O m m o }, O d O N N O O M N c q E E c U am- a"-U U L ui UJ UJ UJ UJ VJ c w w w w w O U U U U U U Y Y Y Y Y Y M U U U U U U Z 0 0 0 0 0 0 •r m -o -c a -a -a c� ca m co cv co U) U) C/) U) U) cn M CO LO T- CO 0) p 0 0 0 000 Z N N N N N N d d L c (� L cB Z — c � Qi Vi J C W � 2 d Z Q C L 0 O L- 0 c > /CO �O/ 5G-3 v L O f W c O c N cn cn >, U O U E E E E E E 3 co co Cil E L u co aD c c o 3 c c c c E .� CD O U U" c" U U U L U U L Q. O � 0 0 M0 0 0 0 U CL t6 N 00 OC13 0 0 0 0 (B Q O a) Q E E o a E E E o E 1a L Lcl � U U= Q U U U 0 Q U L V) r.WWWWW Vl�%/ W V/ W 0W 11 VIM W Q >- >- Z L L_ U U m co E Z ♦"/ 000 W000 0000 w Q w N 0 rL+ O O O O O O >+ O O O v) �a-JCLU0-a-a.U0-0-0- Toor-oToToTT- 0 ocooaovvt0000oo ZLo N,zi- NU-) N N N LO N N CD L vI Y u) (Q c� Z � L CU E y E a' i O' N N a) cc C N Fu J �J mmCnm R Z a) T O c N .cu .. c c N CII c L -0 c' L c CU co cu u. c� UE���UQ�C73: 5G-4 CHEATHAM AND ASSOCIATES February 1999 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Sewer System Improvements Consisting of a Sanitary Sewer System for Trail Creek and Shadow Creek Additions CONSULTANT'S UNDERSTANDING Trail Creek and Shadow Creek Additions are situated such that sanitary sewer service can be provided to the existing residents fairly easily. Existing sewer outfall lines are currently in place. This will allow the lines which are proposed to be connected to the existing system. .) piopused that a sanitary- sewer line be constructed and connected to the existing outfall line. As a result, both additions will be available for sewer service. The project will include the surveying, design, bidding, and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessay technical expertise required to accomplish the engineering design of the sewer line. Th Aesign will be in accordance with applicable state and local regulations. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 5G-5 Mr. Robert %111itehead P.E. February 5, 1999 City of Southlake Page 2 ?.? Our firms will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendum Our firm will assist in the processing of contract documents after contract award and will issue notice -to -proceed. 2.4 Periodic on -site visits by an engineer will take place during construction. We will issue and process any required cranae orders. ?.� We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (if required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). AiiJV11l�slliLL�J FLzParuti-a of t:e fE.Rall wT'itten easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on -site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as -built plans for a flat fee of $13,920.00 for engineering, $5,400.00 for surveying, including design surveys and construction staking. It is assumed that the sewer line will be constructed within city street right-of-way, and no private easements will be required. If easements are necessary, they will be provided at an additional fee to be agreed to by the city. (See attachment "A" for cost breakdown.) TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. 5G-6: Mr. Robert Whitehead P.E. _ - - February 5, 1999 City of Southlake Page 3 GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below: =Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. F:\WORD\PROPOSAL\SOUTHLAK\Trail & Shadow Cr"kwpd AUTHORIZATION TO PROCEED: Accepted this By: Title: ILI day of , 1999 5G-7 ATTAC MEN7 "A" ENGNEERING!SURVEYNG FEE CALCULATION: PRELI,'vfIN`ARY DESIGN PHASE: Field Crew S 75.00 x 36 hrs...... $ 2,700.00 Staff Engineer $ 75.00 x 16 hrs..... $ 1,200.00 Cad Technician $ 55.00 x 48 hrs..... $ 2,640:00 SUB -TOTAL ....... S 6.540.00 FNAL DESIGN PHASE: Staff Engineer Cad Technician CONSTRUCTION PHASE: Field Crew Staff Engineer S 75.00 x 48 hrs...... S 3,600.00 $ 55.00 x 96 hrs...... $ 5,280.00 SUB -TOTAL $ 8,880.00 $ 75.00 x 36 hrs...... $ 2,700.00 S 75.00 x 16 hrs...... S 1,200.00 SUB -TOTAL ......... $ 3,900.00 TOTAL SURVEYING ......................................... a S,�+v6.66 TOTAL ENGINEERING ...................................... $ 13,920.00 TOTAL FEE ........................................ $ 19,320.00 5G-8 City of Southlake, Texas MEMORANDUM February 12, 1999 j TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 741, 1st Reading, Amending Chapter 2, Administration, Southlake City Code, as amended, establishing a Department of Engineering Services Action Requested: Approval of Ordinance No. 741, 1st Reading, amending Chapter 2, Administration, Southlake City Code, as amended, establishing a Department of Engineering Services. Background Information: City of Southlake infrastructure has been built, almost entirely, within the past ten years. We are getting to a point where our growing infrastructure inventory must receive heightened attention for daily maintenance. (Example: the extensive number of lift stations within our wastewater collection system requires regular and ongoing care and attention.) Our maintenance responsibilities are increasing as our water, wastewater, stormwater and roadway system expands and/or ages, but we are still facing at least a decade of major engineering -related capital projects. We are at the point where we need director -level attention to both aspects of public works, and are recommending that the Public Works Department be split to ensure that we give the appropriate attention to ongoing maintenance and operation of public works facilities, etc., as well as engineering projects. Engineering projects have been the city's focus of the public works concern for the last several years due to the magnitude of improvements either underway or planned. Implementation of the CIP to provide for water, sewer and roadway infrastructure for residential and commercial customers of the City has been a top priority of the department for the last year. As we move forward with continued residential and commercial development (as well as park development), these responsibilities will grow. As examples, the proposed traffic management bond package, stormwater drainage master plan implementation, park construction program, DPS facility development/construction, and continued implementation of the public works CIP will demand a strong engineering presence for at least the next decade. Additionally, there are many associated issues which will require engineering attention, and strong director -level involvement. These items include: ROW acquisition, consultant management, grants administration, contract management, inspections (public works), utility coordination, 5;q-.l DRC participation, plans review, CIP budget management, traffic engineering and city building/facility construction. The attached memo from Ron Harper was prepared in response to this office's question, "How would an Engineering Services Department function?" He has outlined tasks and a traditional organizational chart to illustrate the functions of the proposed department and has described in detail the various responsibilities of the proposed department. In the reconfigured department, the Public Works focus would be on operation and maintenance of existing infrastructure, as well as managing necessary public works programs. The city is facing a variety of federal and state mandates related to the provision of water and sewer services, as well as stormwater runoff, which will require significant attention in the near future and well into the next decade. Separating engineering responsibilities from the Public Works Department will allow staff to successfully manage programs to address these mandates and issues. The organizational change would provide an opportunity to address other issues not currently being addressed (or not being addressed in great detail). For example, facility management, increasingly important as we build city and DPS facilities, to include existing building maintenance and janitorial services, would be placed in Public Works. The new department would also begin a new focus on a "clean streets" program, sidewalk maintenance, environmental issues (sewer overflows, drainage pollution) and Town Square maintenance (street sweeping, etc.). Additionally, sanitation service management would be assigned to Public Works. The attached memo from Bob Whitehead further explains the proposal for the reconfigured Public Works Department. It is anticipated that the split of the Department of Public Works would endure throughout our growth period, i.e., during the next ten years. Once we have completed our "building phase" the two departments would most likely be consolidated again with a focus on maintenance. Financial Considerations: The creation of the new department will require the appointment of a Director to manage its administrative affairs. This is the only new position that would be required for the formation of the new department. Citizen Input/ Board Review: Not subject to Board review. Legal Review: The formation of a department requires City Council action by ordinance. The attached ordinance has been forwarded to the City Attorneys for Qe review. Alternatives: Keep the Department of Public Works as a single department. I q- A Supporting Documents: Ordinance No. 741 Proposed organizational charts and duties for the Department of Engineering Services and the Department of Public Works Memos from Bob Whitehead and Ron Harper dated 3/19/1999 Staff Recommendation: Staff recommends approval of Ordinance No. 741 on first reading Approved for Submittal to City Council: City Ma O ice S/1.3 ORDINANCE NO. 741 AN ORDINANCE AMENDING CHAPTER 29 "ADMINISTRATION," OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; ESTABLISHING THE DEPARTMENT OF ENGINEERING SERVICES; 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 Xl, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, pursuant to Section 4.01 of the Southlake City Charter, the City Council has the power by Ordinance to establish administrative departments and may redesignate existing departments or administrative offices; (W NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. ADMINISTRATIVE DEPARTMENTS That Section 2-106 of Chapter 2 of the Southlake City Code is amended as follows: "As provided by section 4.01 of the city Charter, the city council hereby establishes the following administrative departments: department of general government, to be headed by the city manager; department of public safety, to be headed by the director of public safety; department of public works, to be headed by the director of public works; department of finance, to be headed by the director of finance; department of planning, to be headed by the director of planning; department of community services, to be headed by a director community services; and -department of economic development, to be headed by a director of economic development, and department of engineering services, to be headed by a director of engineering services." SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of (am., 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 (aw", ordinances are hereby repealed. SECTION 3. SEVERALILITY CLAUSE 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake. SECTION 5. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption 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. SECTION 6. EFFECTIVE DATE 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 ,1999. MAYOR ATTEST: A (an.' CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Effective: MAWD-FILES\0RDINANC\741 - Dept of Engineering ServiceS.DOC 13-11- 47 7 o -6 CD U U `CM - y ca a U Ccw f0 C C N U- C C U � 02 cr �0 `3 = U U j Z to oa i0 U.z U. Z O< I.-U, o < CO) �0 OCL z a o p 2 m mco ayoE Z;E E o U. m UHE2,6 U m m c C. a Ha= a ti' o c E m m m� mm E W� c c c c o m o cr J V // F City of Southlake, Texas MEMORANDUM March 4, 1999 TO: Shana K. Yelverton, Assistant City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Department of Engineering Services Organizational Issues I have given thought to the organizational, operational and procedural issues facing the Department of Engineering Services. The issues facing this department are not necessarily solved by the addition of personnel, but also by changing some of our procedures and approaches to issues to better follow the philosophies of this City Council. I have used the discussion material from the 1999 Director's Retreat as a basis ur this analysis and the -se organizational recommendations. j There are multiple functions for this department; some of which need to be done in- house, some out -house and some can be done either. I will also be proposing several "aliernate" methods of accomplishing our tasks, none of which are new except to us. There are four major components of the department: General Policy/Management, Engineering, Capital Projects and Construction Management. In addition there are at least 16 tasks to be addressed and which can be grouped under 1 or more of the 4 components. These tasks include all those items identified at the Director's Retreat and I include: 1. Construction Management 2. Engineering 3. ROW Acquisition 4. Consultant Selection 5. Grant Administration 6. Inspections - Public Works 7. Contract Management 8. Policy Maker Interaction j 9. Utility Coordination 10. DRC Participation 11. Plans Review 12. CIP Budget Management 13. CDBG Management j 14. Traffic Engineering 15. Parks Construction Program 16. City Building/Facility Construction r� The following matrix shows the interrelationships of the tasks to the department components. General Policy/Management Engineering Capital Improvement Projects Construction Management In-house.%Out- house/Both Construction Management X B Engineering X I B ROW Acquisition i X X X O Consultant Selection X X I Grant Administration X I Inspections - PW X B I Contract Management X X X X I Policy Maker Interaction j X I Utility Coordination X X X I DRC Involvement ; X i X I Plans Review - PW i X I X I CiP Budget Management I X I I X ! I CDBG Management X X I Traffic Engineering I i X ( B Parks Construction X X X B City Building/Facility X I X I B i �wuu�uvu � I am not proposing any substantial personnel changes. The following organizational chart shows the proposed organization for the department. I envision 4 new positions; the Director, 2 engineers, and an inspector dedicated to Parks projects. The engineering positions will be assigned to the Deputy Director of Engineering and will focus on drainage issues and the technical management of the Southlake Drainage Utility System. The second engineer will be assigned to the Capital Projects group and will assist in the management of the CIP program. The Parks inspector will focus on Parks projects but will be available for other inspection duties. The only immediate hire would be the new Director position. The other three will be analyzed and requested for the 1999-2000 budget. A.4 Department of Engineering Services Director Admimstrative Secretary 1 Deputy Director j Capital Projects Coordinator I Construction Management Services Engineer U Senior Construction Inspector (2) Engineer (Development) Engineer (Drainage) Construction Inspector Drainage Inspector:Parks Inspector There are several areas that need to be discussed relative to procedures and process. The overall management and direction of the department will be the responsibility of the Director. Existing staff will have day-to-day responsibilities for a variety of activities, as they do now. The Deputy Director will be responsibility for the "pure" engineering functions of the department. These functions include design standards, plan reviews, drainage, Community Development Block Grant management, parks construction review and regional interactions. I anticipate that an additional engineer may be needed for this division, especially if we pursue several large non-residential development projects. The Capital Project Coordinator will be responsible for consultant selection, CIP budget management and city project plan reviews. A second engineer is needed to effectively manage this work load. A Construction Manager will be responsible for assigning and supervising the construction inspectors, provide overall coordination for city building construction projects, act as owner's representative for major development projects. Engirecring .as bee : csl:ed tc Y:c'. do the Parks Department with construction inspection assistance. Based on the Park CIP, a full time inspector can probably be justified. This will also allow Ben Henry to focus on more of the planning and managerial requirements of his position. Construction Management - This is an area that encompasses Inspections, Contract Management, Parks Construction and Building/Facility Construction. This function provides guidance and management to these areas. The position of Construction Manager does not currently exist. Engineering - We need to maintain a solid engineering presence, but we do not need to perform engineering design of our major projects. Our engineering effort needs to focus on development of standards, reviews, long term planning, solution of problems. ROW Acquisition - Many of the projects that have failed to meet time schedules have done so because of difficulty in obtaining timely ROW or easements. Some of the issues are institutional and can only be changed by means of policy changes by Council. We have been reluctant to condemn property, but in some cases this may be the only method. We need to explore several options to our current methods: additional help for our ROW agent, retain an additional ROW firm, internal property manager of all City property, pull the trigger on condemnation quicker. (We definitely need to hold off advertising and awarding construction contracts until we acquire all necessary easements.) Consultant Selection - I propose that we expand our consultant base in order to take advantage of new ideas and opportunities. By retaining several larger firms to manage some of our larger projects we may be able to create some efficiencies. An example is the Traffic Management Bond projects. Perhaps we retain one firm, capablo cf survcy, design, ROW identification, plan preparation, bidding process. and construction inspection. There will be some cost involved; however, we will not be faced with personnel issues at the end of the bond program. Grant Administration - There are a multitude of grants available from a number of sources. We need to focus on identifying these grants and our ability to receive them. Most consulting firms track these funding sources; however, we need to try to do a better job internally of staying on top of this issue. Public Works Inspections - We need to increase our presence on City projects in order to produce a better quality project. By decreasing the number of projects per inspector, we will be better able to provide better oversight on these projects. This can be done by hiring more permanent inspectors, hiring temporary inspectors or retaining outside services for specific projects. The result of a better product is more anecdotal than quantifiable; however, the projects that we have focused on tend to be better quality. on time and on budget. Contract Management - This identifies the administrative requirements to manage our engineering, developer and construction agreements. We need to continue to focus on this area. Policy Maker Interaction - Self explanatory, but we need to continue to involve Council members in our business from an educational st�t:cap,ci :t. Utility Coordination - Public and franchise utilities need to be coordinated and included in the project planning process. Both groups need to be included in the design and review process in order to avoid delays during construction. Participation and attendance in the Tarrant County Utility Coordination Council will be stressed. Development Review Committee Participation - Engineering needs to continue to be involved in this process. Plans Review - The process needs to continue with definitive procedures, guidelines, and schedules, both for development and public projects. CIP Budget Management - The recent submittal to Council shows that our estimates are generally in line with bids. We have begun to develop a cost data base to assist in our estimating efforts. We may want to consider retaining a construction cost consultant to review our cost and budget information. We need to continue to develop our ability to identify trends in materials, costs and methods by means of training, publications, and databases. We also need to insure that we continue to project our budgets to reflect In .___ :_ .� c.-._� L..a_,. iiitlatiuii iii zhC. LU�LA-Tc bud---t ca7J. Community Development Block Grant Management - This program has bounced between Planning and Public Works over the past few years. Its home needs to be Esi:.:: ri..$, it seeds to be treated like a grant program, and it does not necessarily need to be considered a Capital Improvement Project. Traffic Engineering - Our traffic engineering will continue to be contracted out to a consulting firm. From a policy position we need to continue to educate Council to reasons for traffic warrants. Parks Construction Program - The CIP for the parks over the next 5 years is approximately $10 million. The Parks Construction Project Manager has spent an inordinate amount of time on daily inspections of projects. We are suggesting that an additional inspector be hired whose primary focus is parks projects, but who can be used for other infrastructure projects. City Building/Facility Construction - The past 5 years has resulted in a tremendous number of infrastructure projects. The next 5 years indicates that we will be experiencing a boom in city building construction: Town Hall, Public Safety Complex, Fire Stations, etc. It is important that we have an individual who can function as an "Owner's Representative" on projects like this. By locating this person in this department it reduces the need for dedicated personnel from the ultimate user. (Allows the Deputy Director for Police to function in that role and not need to spend excessive time as a construction inspector/manager. User departments will still be involved in project.) j City of Southlake, Texas MEMORANDUM March 19, 1999 To: Shana K. Yelverton, Assistant City Manager From: Bob Whitehead, Director of Public Works Subject: Department of Public Works Organization The Public Works Department would be organized as follows: Director Public Works I Administrative Office Assistant Assistant i Streets and Drainage ; Water and Wastewater Superintendent Superintendent Public Works Streeis Crews Drainage Crew Assistant Water Crew Wastewater Crew. The only additional administrative employee that will be needed in the 99-00 FY budget will be an Administrative Secretary. The operation and maintenance programs of the Public Works Department would include: • Sidewalk maintenance • Pavement maintenance (concrete and asphalt) • Storm water / drainage: Planning, development, maintenance • Sign maintenance • Right -of -Way maintenance • Traffic management • Facility management IN • Equipment maintenance (all non-DPS) • Refuse collection operation • Water utility: Planning, development, operation, maintenance • Wastewater utility: Planning, development, operation, maintenance • Water conservation • Fuel facility • Environmental issues: Sewer overflows Sewer inflow / infiltration Industrial pretreatment Silt / sedimentation in drainageways National Pollution Discharge Elimination Permit (NPDES), municipal stormwater program • Contract management • Policy maker interaction • Utility coordination • DRC participation • Plans review • Project walk-thru before acceptance • Employee safety training • Town Square maintenance The Operation and Maintenance programs which will be added to the existing public works are: • Sidewalk maintenance Due to the Sidewalk Ordinance, Town Center and subdivision sidewalks, a sidewalk maintenance program must be implemented. Any sidewalk in a public right-of-way imparts a responsibility on the City. A sidewalk inventory, condition survey, and maintenance program need to be established. • Stormwater Drainage After the 2000 census. the City will be classified as an urban area and therefore become a USEPA's National Pollution Discharge Elimination System (NPDES) Phase II municipal storm water program city. As the NPDES permit regulations will tentatively become effective in 2002, the City will need to develop management programs to address stormwater impacts through the following six measures: Public involvement / participation Public education and outreach on stormwater impacts illicit discharge detection and elimination Construction site runoff pollution prevention X A Post -construction stormwater or management in new development and redevelopment Pollution prevention / good housekeeping for municipal operations Public Works is also required to maintain all of the drainage easements, improved drainage channels, bar ditches and realistically in the future, the detention basins as the HOA's dissolve. • Right -of -Way maintenance It is anticipated that the City will need to increase the maintenance of right-of-ways as the character of the City changes from rural to urban. Also, medians will need maintenance as the HOA's dissolve. • Facility management Develop program to maintain the public facilities, i.e. Town Hall, Public Works Center, DPS stations, etc., from daily/weekly cleaning to major maintenance. • Equipment maintenance Centralize all non-DPS maintenance of equipment and develop a preventative maintenance program. • Water Conservation This will be an area of state-wide importance as Senate Bill 1 of 1997 continnues its process to completion. Likewise, Tarrant County Water Supply District, which provides the raw water to Fort Worth, is developing conservation efforts for all their cities. Southlake, by contract, must implement at least as stringent measures as Fort Worth. Therefore, this program will be an area of increasing attention. • Environmental issues TNRCC requires the reporting of any sewer system overflow. With the increased miles of sewer and the number of lift stations Southlake will have to maintain because of the design of our north (Denton Creek) basin, a preventative and emergency management program needs to be developed and implemented. The contract with TRA requires the City to monitor industrial pretreatment. This will be an area of continued growth. • Southlake Town Center Downtown Southlake will need daily maintenance care in refuse collection, streets / sidewalk sweeping, etc. This will be a new operational program of the City. �� 146 All the other operation and maintenance programs will continue. As the City builds out and grows older, operation and maintenance becomes the major cost center. By (460e establishing the Public Works Department separate from Engineering Services, the City can be in a better position to meet the growing challenge and responsibility of operation and maintenance of the public infrastructure. A 31 s� i7 wiry Ui wuunana, 1"Aaa MEMORANDUM March 31, 1999 TO: Honorable Mayor and Councilmembers FROM: Curtis E. Hawk, City Manager SUBJECT: Approving the appointment of Deputy Director of Public Works Ron Harper as Director of Engineering Services Chapter IV, Section 4.01, of the City Charter provides for the appointment of departmental directors. It states, "The head of each department shall be a chief, director, or superintendent who shall be appointed by the City Manager subject to the approval of the Council and such chief, director or superintendent shall have supervision and control over his department. Two or more departments may be headed by the same individual and the City Manager may head one or more departments." In accordance with the Charter provision, please approve the appointment of Deputy Director of Public Works Ron Harper as the Director of the newly created Department of Engineering Services. /kb —L — City of Southlake, Texas MEMORANDUM April 1, 1999 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Ordinance No. 717-A — Designating the speed limit within Country Walk subdivision as 25 mph Action Requested: Consider amending ordinance 717 to designate all streets within the Country Walk Addition, specifically Amesbury Court, Village Green Drive, Cresson Drive, and Newport Court, as 25 miles per hour speed limit. Background Information: City staff, Department of Public Safety, and Public Works, have been working with the Homeowners Association. to Ill ► est.gatz and reduce the speeding problem in the Country Walk Addition. DPS has placed the "smart trailer" and conducted additional enforcement to attempt to educate the offending drivers. As Country Walk is a subdivision with an entry/exit, the speed limit is not related to cut -through traffic. March 9, 1999, City offices received a letter of request (see attached) for the City to consider reducing the speed limit to 25 mph. Financial Considerations: The cost of the signs will be in the range of $200 to $300, depending upon the number needed. This amount of funds is available in the current budget. Citizen Input/ Board Review: City staff has been working with the Homeowners Association. Legal Review: Legal staff is reviewing the amended ordinance. Alternatives: None. 5J-1 OR 31 Supporting Documents: Ordinance 717-A Letter from Homeowners Association Map Exhibit Staff Recommendation: Staff recommends that this request for Ordinance 717-A, amending Ordinance 717, establishing the speed limit in Country Walk Addition, including Amesbury Court, Village Green Drive, Cresson Drive, and Newport Court be 25 miles per hour be placed on the April 6, 1999 Regular City Council Agenda for consideration. Should City Council approve the request, City Council will need to state that the speed limit has been lowered to 25 miles per hour due to the special hazard that exists. Bob Whitehead Director of Public Works Approved for Submittal to City Council: 5J-2 A ORDINANCE NO. 717-A AN ORDINANCE AMENDING CHAPTER 18, "TRAFFIC AND VEHICLES", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE XIMBE 7 SOUT-URIDGE LAKES, -Nil GOAZENTDV #R COUNTRY WALK SUBDIVISION DRIALE AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Section 545.352(b) and 545.356, Texas Transportation Code, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, a special hazard exists that required a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances in the neighborhood; and WHEREAS, the prima facie maximum reasonable speed limits adopted herein are not in conflict with any order of the Texas Transportation Commission declaring speed limits along any roadways within the city limits of Southlake; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. SPEED LIMITS ESTABLISHED That section 18-79 of Chapter 18, "Traffic and Vehicles", of the Southlake City Code is amended by adding the following streets and speed limits to the list of designated streets regulated therein: 5J-3 24 Street Speed Limit (mph) All portions of streets located within the Country 25 Walk subdivision, including Amesbury Court, Cresson Drive, Newport Court, Village Green Drive SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SEVERABILITY CLAUSE 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglacts, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 5J-4 SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Southlake a gh y re expressly saved as to any and all violations of to provisions of Chapter 18 of the Code of Ordinances of the City of Southlake, or any other ordinances or statutes adopting prima facie reasonable and prudent speed limits which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. PUBLICATION 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. EFFECTIVE DATE 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 .1999. (40., MAYOR ATTEST: CITY SECRETARY 5J-5 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney A 6M February 22, 1999 tiir. Curtis E. Hawk Southlake City Manager 666 N. Carroll Southlake, Texas 76092 SUBJECT: COUNTRY WALK DEVELOPMENT REQUEST TO REDUCE SPEED LIMIT TO 25 MPH Dear Mr. Hawk: *R- g S% "' I ✓� I The Country Walk Homeowners' Association would like to request that the speed luort in Country Walk be reduced to 25 mph. This involves the following streets: Amesbury Court, Village Green Drive, Cresson Drive and Newport Court. The very design of Country Walk seems to encourage teenagers to take a quick loop through our streets at excessive speeds. Other offenders are delivery personnel and even our own residents. The safety of our residents, especially our children, makes the reduction to 25 mph urgent and the enforcement imperative. We have recently had the police department's speed monitoring trader on Village Green and many of us were. very surprised at exactly how fast 30 mph. Too fast to avoid a child running into the street after a toy or stepping out of a parked car in front of a residence. A vehicle traveling at this speed can be actually out of sight as you begin unloading a child from your car because of the curves of our streets so even the most cautious parent's child is endangered. Our residents are aware of this concern, so we typically unload our children on the side of the curb; visitors are not aware and are in the greatest danger. This is not the atmosphere one moved to Southlake to achieve! Since the changing and posting of the speed limit of 25 mph could have some impact on this situation., we implore you to recommend this change immediately and implement it as soon as possible. Thank you for your consideration. oordinator Drive Rita Haston Country Walk HOA President 5J-7 City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 98-118 PROJECT: Ordinance No. 480-305 / Second Reading / Rezoning and Development Plan - Chesapeake Place STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. A Development Plan for Chesapeake Place will be considered with this request. PURPOSE: Purpose of this development plan is to meet the requirements for rezoning to accommodate residential development. LOCATION: On the northeast corner of the intersection of South Pearson Lane and Union Church Road. OWNERS: Ranchland Leasing Co., Inc.; Seyed M. Mirtaheri; Michael and Laura Musgrove APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District LAND USE CATEGORY: Low Density Residential and Retail Commercial NO. NOTICES SENT: (1st Notification) Seventeen (17) (2nd Notification) Nineteen (19) RESPONSES: (1st Notification) Six (6) responses were received within the 200' notification area: • Joe Pipes, 2828 Cresthaven, Grapevine, TX, in favor. (Received November 2, 1998). City of Southlake, Texas • K. Wayne Lee, 3220 W. Southlake Boulevard, Southlake, TX, in favor, "This letter is to inform you of my total support for this plan as presented to you." See attached letter. (Received November 9, 1998). • Alan Jackson, Property Manager, St. Martin -in -the -Fields Episcopal Church, Southlake, TX, opposed, "We trust that Four Peaks Development, Inc. will have prepared a more acceptable plan which addresses our concerns." See attached letter. (Received November 13, 1998). • Josh Davis, PO Box 14038, Fort Worth, TX, in favor. (Received November 18, 1998). • Larry N. White, President, Eagle Contracting Corporation, 607 South Pearson Lane, Keller, TX, in favor, "I am unopposed to the development Plan, dated December 18, 1998, provided the open space (park area) remains in the location shown and that adequate measures are taken with the surface drainage / storm water such that our property is not adversely affected by water problems." (Received January 20, 1999). • Victor Conrad, 1500 Trinity, Huntsville, AL, undecided about, "If the city rezones my property as commercial, I will favor the request. The city's development of water towers across from my property has already severely restricted the residential value of my property. The only feasible potential form my property is now commercial." (Received January 28, 1999). Five (5) responses were received outside the 200' notification area: • A. W. Haney, 400 Brock Drive, Southlake, TX, in favor. (Received November 2, 1998). • E.I. Wiesman, 2607 W. Southlake Blvd, TX, in favor. (Received November 3, 1998). A second response by Mr. Wiesman was received on January 13, 1999, undecided, "small size lots." • Martha E. Horton, 320 Brock, Southlake, TX, in favor. (Received January 13, 1999). • Frank Cangelosi, 225 Bent Creek Ct, Southlake, TX, in favor. (Received January 13, 1999). • Gary G. Hill, 3119 W. Southlake Blvd, Southlake, TX, in favor. (Received January 15, 1999). (2nd Notification) Four (4) responses were received from within the 200' notification area: • Gwen N. Pipes, President, Ranchland Leasing Co, Inc., 216 Warbler Court, Bedford, TX, in favor. (Received January 27, 1999). City of Southlake, Texas • Bob Templeton, Keller I.S.D., Demographics and Planning, 304 Lorine Street, Keller, TX, in favor, "The Keller Independent School District owns approximately 30 acres on Union Church eagt of Chesapeake Place. The Keller school district has no current plans for the site. The Keller school district has no objection with the development. Thank you for the notification of the development. I will follow the requested action through final approval." (Received January 28, 1999). • Michael L. Musgrove, 2139 Union Church Road, Southlake, TX, in favor. (Received February 4, 1999). • Alan Jackson, Property Manager, St. Martin -In -The -Fields Episcopal Church, 223 S. Pearson Lane, Southlake, TX, in favor, "We have meet with and reviewed Four Peaks Development Inc new revised development and are in favor of it as proposed." See attached letter. (Received February 4, 1999). Eleven (11) responses were received from outside the 200' notification area: • Joyce Hannah, Remington Management, 200 Wes Mill Valley, Colleyville, TX, in favor, "This development is designed well and will be a great asset." (Received February 1, 1999). • David Hannah, 200 West Mill Valley, Colleyville, TX, in favor, "As a representative of Remington Retirement community. Good Neighbor. Like traffic flow on revised plan." (Received February 1, 1999). • Diania L. Hanson, Project Coordinator Remington Retirement, 800 West Southlake Blvd, Southlake, TX, in favor, "This would be an asset to the area, especially where the drainage and residential mix are concerned." (Received February 1, 1999). • Ernest R. Owen, 800 West Southlake Blvd, Southlake, TX, in favor, "Better for the area than what will probably go there if they are not allowed to develop." (Received February 1, 1999). • Randal B. Snow, 407 S. Pearson Lane, Keller, TX, in favor, "I hope this helps to get services (sewer & better drainage) out here - it's long overdue." (Received February 3, 1999). • Mack Williams, 2034 Union Church Road, Southlake, TX, in favor, "If you can solve the draining (water) problems." (Received February 4, 1999). • J. Kevin Northcutt, 2120 Union Church, Keller, TX, in favor, "Improved streets and drainage in this area." (Received February 4, 1999). • Lisa L. Northcutt, 2120 Union Church, Keller, TX, in favor, "better roads." (Received February 4, 1999). IA -3 City of Southlake, Texas Paul Stelly, 2222 S. Pearson Lane, Keller, TX, in favor, "This is the type of development we want to see in our immediate area, and developers have listened to our concerns." (Received February 4, 1999). Jimmie Slough, 212 S. Pearson (Received February 4, 1999). Marshall Slough, 212 S. Pearson (Received February 4, 1999). Lane, Keller, TX, in favor. Lane, Keller, TX, in favor. P&Z ACTION: November 5, 1998; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting. December 3, 1998; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 17, 1998, Planning and Zoning Commission meeting. January 7, 1999; Approved (6-0) at the applicant's request to table and to continue the Public Hearing to the January 21, 1999, Planning and Zoning Commission meeting. January 21, 1999; Approved (6-1) to table and to continue the Public Hearing to the February 4, 1999, Planning and Zoning Commission meeting. February 4, 1999; Motion was made to deny (3-2) the applicant's request to table to the February 18, 1999, Planning and Zoning Commission meeting. Motion to deny (3-3) failed. [According to the City Attorney, this motion is neither a motion to deny nor to approve, but it does fulfill P&Z s responsibility to make a recommendation to the Council. Absent Commission Rules of Procedure to the contrary, this item moves forward to the Council for consideration and does Q require a super -majority vote of the Council.] COUNCIL ACTION: February 16, 1999; Vote to Deny (4-3); followed by a vote to reconsider (6-0) at the continuation of the February 16, 1999, meeting on February 22, 1999; followed by a motion to approve (6-0) First Reading subject to the Development Plan Review Summary No. 3, dated February 12, 1999, requiring that the applicant revise the plans and development regulations to include the variances requested, the commitments made and the conditions agreed to during the hearing. Note: A letter was received from the applicant on February 25, 1999, requesting to table this item until the March 16, 1999, or the March 23, 1999, City Council meeting. A,q t City of Southlake, Texas March 23, 1999; Approved (6-0) on consent at the applicant's request to table and to continue the Public Hearing to the April 6, 1999, City Council meeting. 10 STAFF COMMENTS: The applicant has met all requirements in Development Plan Review Summary No. 1, dated October 30, 1998; Development Plan Review Summary No. 2, dated January 29, 1999; and Development Plan Review Summary No. 3, dated February 12, 1999; with the exception of those listed in the attached Development Plan Review Summary No. 4, dated April 1, 1999. L:\COMDEV\WP-FH,ES\MEMO\98CASES\98-118ZD. WPD -7A-�;7 R W-4 6f 'RESIDENTIAL-ANDCOMMMCI&.R" LESTATE SP DFW AMPORT DECA M" Worm? 3220 7-souTHL&KE ,SOUTH ARE,:'TEXAS .760 PROPERTIES -November 6, 1998 Planning and Zoning Commission City of s, outhlake 667..N.-Carroll. Ave. Southlake,.Texas 76092 V^%d4,0,-e 14wg To whom it may concern: V". A...4 04 My name is,Way'_ne.Iee.'.-I --.own a c6i66*i6iai''bu'ildingAdditted.,-E,-��,,�;�,. av' 'h' MIMI -�`Soiith V h 4e -t is oca .-.at3220 W.' een,at, J,Vwyw�' r -for ieikhte'en'.years w --Z g I understand .that -,Y(?U: are -.considering .t e application app catio,n:_,fAoi, zoning and platting for-Chesapeake!P cewwljadJoi, South.. -,lme to the - This letter is to inform you -of. my., total ".support .for th s td to, you.t plan'as presene" Souhl�4ke 7n this . Odds I 1 1- . . w -, t very s type .,,of,_ development -This.plan.i �r fdevelopments in the. _-C .is near .-City of Keller,which,have' much -:smaller dots , there is no -Aea eve U 6 -density any lower"t1iif ��showA;-�o-n"')t'hii'4,Fiteliidua'r 1 . _yA -gr jeel free are::questions­� ! Ark" Sin r ly, Se P.S. -The* buffer .. shown is more -.than..Renerous,an s,ap d i prec ate if 'the e --'r ly, _74 Nov 0 9 1-900.1. -%)0 _4f Y3M0 so _S OUnRAMTWW:MM-817f5M4MWfi7 STAL4RTIN-IN-THE- S EPISCOPAL CHURCH Malang Address Location Address P.O. Box 524 223 So. Parson La. Keller, Texas 76244-0524 Southlake, Texas 76092 817/ 431-2396 or 431-2689 Fax 817/ 431-5407 November 10, 1998 City of Southlake Planning & Zoning Commission 667 North Carroll Avenue Southlake, Texas 76092 Re: ZA98-118 Rezoning and Development Plans For Chesapeake Place/Four Peaks Development, Inc. Dear Commissioners: On behalf of St. Martin -in -the -Fields Episcopal Church, I would like to commend you for the way your group listened to public comments, formed your own individual concerns and then told developers that what they proposed was not acceptable. We shall have representation at the neat meeting on December 3,1998 at which time we trust that Four Peaks Development, Inc. will have prepared a more acceptable plan which addresses our concerns, which are as follows: 1. That the developer be made responsible to have a comprehensive storm water drainage plan developed to handle their development so that it does not cause drainage and flooding problems on the north and east side of our property. At present the property to the north and northeast slopes toward our site, plus the higher elevation of South Pearson Lane and the non-functional ditches on both sides of the street prevent the water from flowing its natural southwest course to the road culvert under South Pearson at the southwest corner of our site and then into Bear Creek. 2. Our buildings and our neighbors are all on septic or aerobic sanitary water systems, and with sanitary sewers being extended to service this new subdivision which directly adjoins our site on the north, east, and south sides, we would urge that at least one sanitary sewer stub be designed and built so that we could eventually connect into it. As I am sure you are aware, we are planning a 12,000 square foot new sanctuary and relative paved parking which will be built on our vacant property on both Lots 1 & 2 in the next three to five years. We are presently in the process of restudying our overall master site development plan to facilitate this structure. 3. I am sure you are also aware that both South Pearson Lane and Union Church Road are both narrow paved country roads which will be the only public access to .this proposed new 80 lot subdivision and will have to be widened and improved to properly handle the additional traffic requirement& Re"' ran B. Reeres Redor NOV 131998 -7 d -7 . 4. If you recall, several people at the public hearing on November 5, 1998 expressed their (40w, concerns and objections regarding the possible use of wooden stockade -type fencing by the developer at the entries and property perimeters at the adjoining property. As you all know, the standard wood stockade fences deteriorate very quickly and fall into a complete state of disrepair within six to ten years, causing an ongoing maintenance and replacement problem for the homeowners long after the developer has left the site. In closing, we would also like this property to be developed as a low density residential development rather than a medium density because it would provide large lots which would result in a lower impact on the storm drainage and public streets in this areas. As a developing community church, St. Martin -in -the -Fields is committed to good community development of the area of the City Southlake. We are looking forward to your next public meeting regarding this matter. Sincerely, Alan H. Jackson Jr. Warden Qe AHJ:br CC. Ms. Phyllis Bess, Secretary The current zoning is "AG" Agricultural District. The requested zoning is "R-PUD" Residential Planned UnitDevclopmInt District_ A Development Plan for Chesapeake Place will be consideycd with this request. Qe A public hearing w911 be held by the City of Southlake Planning and Zoning Commission on Thursday, November 5, 1998 at 7.00 R` in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this.timc,.you may submit your views on. the matter in person, by writing, or by representative. You are encouraged to follow the requested action through fiaal approval because changes are often made during the review process. If' you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.: ZA 98.118 I am in favor o (opposed to) (undecided about) the request for the following reasons: SIGNATURE: -� (Please Print Name) �l7,4.e-;;-141 �/V /111/—/ L,D9 ADDRESS: zZ3 S. �EA.C/Sa✓ �,�N� �UT//Li4�E' /EX/�S' PHONE: Z3f, 4,r G� TES Q STo/Zrh ,D,�iaiv�&� 1999 -7A 31 TRACT MAP -7A-!O A- 1 „ srcr h171 1 SIt4 Z .'ili3 "?TT"'"' I.6C 1 19 Ac 2 . IDr A �AR6S _ I 6H)R Ill AC 1 1 AC G. HILL /TR.4A 36.166. ST. MARTIN IN -THE -FIELDS EPISCOPAL CHURCH ) 7.044 O Nn/1n ST. 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THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD MCROY AT (817) 481-5581, EXT. 880. 1. The Subdivision Ordinance No. 483, Section 5.03 - K1 requires a street stub into adjacent property at a minimum of 1,000 feet apart. Provide a street stub in the vicinity of Lot 21, Block 3, to extend east through the Keller I.S.D. tract or through the Schaefer tract east of this site. Currently, a street is proposed along the west side of the "The Remington Retirement Development" and is planned to continue through the K.I.S.D. tracts to Union Church. 2. The following changes are needed with regard to Common Area lots. a. Lot 1, Block 1 (Common Area No. 1) was approved by the Park Board for dedication as a public park. If this is the intent label the lot as such. b. It appears that a lot line exists between the large portion of Common Area No. 1 and the area lying between Chesapeake Lane and Lots 1 & 2, Block 1, St. Martin -in -the- Fields Addn. Remove this line or provide an appropriate lot number for the smaller portion. Also, clarify the extent of the 20' D & U.E. shown. It would appear that the easement should extend through the park site. 3. Provide lot lines radial or perpendicular to the adjacent R.O.W. Specifically, Lots 7& 8, Block 2 are not radial to the adjacent cul-de-sac. Lots 7-9, Block 3 and Lots 3 & 4, Block 5 have angle points along the lot lines which do not meet the intent of the requirement. 7A -11 City of Southlake, Texas 4. The following changes are needed with regard to proposed development regulations: a. Specify in the development regulations the proposed maximum permitted accessory building floor area. The "SF-20A" Zoning District permits a maximum of 600 square feet. 1116.. b. The applicant has proposed the following development regulations as compared to the "SF- 20A" Zoning District (See regulations received 3/9/99): Regulation "SF-20A" District Proposed Min. Lot Size 20,000 sq. ft. 14,438 sq. ft. Min. Lot Width 100- @ min. front setback line 90' @ front bldg. line Min. Lot Width (Cul-de-Sac) 100, @ min. front setback line 60' @ front bldg. line, where over 50% of lot is on cul-de-sac Min. Lot Depth 125' 120' Min. Floor Area 1,800 sq. ft. 2,000 sq. ft. Max. Building Height cannot exceed 2.5 Stories or 35' Height cannot exceed 2.5 Stories or 35' Height - Min. Front Yard 35' 25' Min. Rear Yard 40' (35' cul-de-sac Lots) 20' Min. Side Yard 15' 10, Min. Side Yard Adj. to Street 35' 20' Max. Lot Coverage 30% 30% Max. Res. Density 2.18 du/ac. 1.5 du/ac. 4. Include the "Out Parcel' Lot 1, Block 6 adjacent to F.M. 1709 in the Land Use Data. This would appear to affect the following: Out Parcel (Lot 1, Block 6) 0.20 Ac. Prop. Residential Area 34.22 Ac. Residential Portion 62.28% Average Lot Area 18,633 S.F.- 5. Staff recommends that the through street be a single street name through the development. The plan currently proposes three different street names for a single through street. cc: Four Peaks Development; J. E. Levitt; Area Surveying * Denotes Informational Comment L:\COMDEV\WP-FU.ES\REV\98\98118DP4.WPD TRER PRFSFRVATION (COMN[ERCIAL DEVELOPMENT) Case No: ZA 98-118 Daf'&,of Review: 10 - 22 - 98 Number of Pages: I Project Name: Chesapeake Place (Prelimnary Plat) APPLICANT: Four Peaks Development, Inc. P.O. Box 92909 Southlake, TX 75092 Phone:(817) 329-6996 Fax: ENGINEERS/PLANNERS: J. E. Levitt Engineers, Inc. 726 Commerce St., Suite 104 Southlake, TX. 76092 Phone: (817) 458-3313 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMN[ENTS: 1. The applicant has provided good -faith in providing for a majority of the protected trees located on the site. 2. The only protected trees of concern are located along Union Church Road, in the yard of the existing home and in the middle of the pasture behind the house. The applicant has designed the development to preserve a majority of these trees. BUILDING INSPECTIONS Larees/dreW98419 14 6661 T . ; 1 U-31 112, 111;I14;s'i3ii Of tiiiti i ■■■d,l ■■■,■ ,. folio � 9 ;,pl_ � t��: � u r,�#,i#id.#1 !;, ! ijn;! !;Itt•tl�, oh rl Il 0!, !, b;, L !s A !E R !v !I !r Ir( 'p.�# !• # , t! r t �i,I,• nl id � ti yyy� ya^s�"sI rrrrrr ■ ■ ■ t =g......w:� 7a! l �Iq„,!, 9 ill�ji fi.,j i s:a? 7d�;a'aaag33aa rl It ,d! Nrp H rou MOM ILI i h;f t!ua��a > fit p Qy- ' dl\�M �? �; .y \� M i. 1 • 1, �` -��\ �\-+ -!+1_ 1 I ! Qr i - \ 1i 3 It \�.. ._ i tt++_ _ -- ` � i■i � — — — I fi ♦� ' I ,� ` air` ' `•� �� } a! one I d • _ r f 1 a, 1 a, a a,� fit hi R. ='sl r • 1 ! i1 • lea , r eYdi • i11910 MR! Tj 1 Lmd -j� - UVWIMUMM"mmmn r-1 a. aTM Irraol o Y • fle I I _ I ■t� I� II ! (4 19 g Ig�l" 91 I I;? IIIA, 14 A sssl 5 i uvw 03d ~ Ei i Ei , -O•N �YattlOtOt�ttO 9�Y'Id 971r9dVH91i� 33 go 9 #s . I NJ w I y --- --- — --- ----- - -- --�—"- t t t• t� 7 t � 1 ll #EI lie II r -- ------- -` - - ' I it I it � . ■ . ! I I j I 1 i II1 . � • ' • • 1 I � � 1 I r i r rl I Nis : • • . i I • 1 ■ _ w . • I Lew_- ' AAP r r'-�-T-I- L 7A r2I CHESAPEAKE PLACE DEVELOPMENT REGULATIONS OCTOBER 12, 1998 A Planned Unit Development District ("PUD") Residential Community 1=: Southlake, Texas This proposal is made by Four Peaks Development, Inc. on behalf of the current property owners described herein requesting the property be rezoned from "AG" Agricultural to "PUD" a Planned Unit Development to be known as CHESAPEAKE PLACE. The 54.95-acre project will be improved as a single-family residential community with a Neighborhood Park and open space comprising 20.54% of the total project area. The master plan has been designed to create a neighborhood which affords a transition and compatibility with the existing adjacent commercial uses to the north and west, the small lot developments to the south and the undeveloped properties to the east, including property owned by the Keller Independent School District. This presentation to the City of Southlake will document and provide information in three areas. 1. Review of the existing site with its current ownership, uses, natural features, etc., and review of surrounding conditions such as, adjacent zoning, land uses, perimeter streets, etc.; 2. Description of the proposed development concept for the requested PUD including land use and the integration with the surrounding uses, density, development standards and requirements, mandatory homeowners association, sidewalk system and park facilities; 3. Detailed description and evaluation of on -site and off -site development improvements including paving, storm water drainage, water and sewer facilities and the benefits of the integration of each into the surrounding properties and general area. PROJECT LOCATION AND DESCRIPTION CHESAPEAKE PLACE Subdivision will be located at the northeast corner of Union Church Road and Pearson Lane at the extreme southwest boundary of the City of Southlake. The western most perimeter will border and front Pearson Lane with the subdivision's primary entrance. The western boundary borders and surrounds the north and east sides of St. Martins in the Fields Episcopal Church, continuing south along the perimeter of the commercial businesses known as Snows Gym and Aquatic Center, and Flower Ranch. It's perimeter continues east along Union Church Road approximately 1500 feet, and turns north, bordering the recently acquired Keller LSD school property. The project contains two entrances from Union Church Rd. The property is, for the most part, unimproved except for two existing residential structures. The general area surrounding CHESAPEAKE PLACE is primarily unimproved, with the exception of light commercial to the west and north. The Keller Independent School District has purchased 30+.acres directly to the East of the subdivision. Directly to the south in the City of Keller, is Hidden Lakes, a master -planned community of approximately 1000 acres, with lot sizes beginning at 6,000 square feet. Although CHESAPEAKE PLACE will be a new development in this area, it conforms to the current uses, while creating a needed transitional buffer to both present and future development. The different land uses and zoning of the surrounding properties have been taken into consideration in the creation of the development master plan and preliminary plat for CHESAPEAKE PLACE. This planning will create a suitable and appropriate transition between all of the different properties, while creating an attractive and marketable residential community. fM MAR 0.9 e1999 '7A-2Z OWNERSHIP The respective properties are currently owned by the following parties: 15.67 acres located at the southeast corner of the property owned by Seyed M. Mirtaheri 36.17 acres, is owned by Ranchland L.eaAag Company, Inc. 3.11 acres, with a residential house fronting Union Church is owned by Michael and Laura Musgrove PROPOSED SITE ZONING AND LAND USE The proposed zoning of CHESAPEAKE PLACE is from Agriculture CAGI to a Planned Unit Development District ("PUD') according to Section 30 of the City of Southlake's Comprehensive Zoning Ordinance. It further complies with subsection 30.8, item 1, requiring submittal of a Development Plan for the entire Planned Unit Development. Concurrent with this submittal we are applying for approval of the Development Plan for CHESAPEAKE PLACE. The proposed land use for CHESAPEAKE PLACE is for single family, detached residential units with a maximum density of 1.5 units per acre and 80 lots. DEVELOPMENT CONCEPT The goal of the CHESAPEAKE PLACE development is to have a quality, family oriented residential community, offering a peaceful environment, while affording the enjoyment of private park amenities and the convenience of a major thoroughfare to its residents. The open area can accommodate a variety of recreational uses including open play areas, junior size soccer fields and basketball court(s). The open park area offers a buffer to the residents from the existing light commercial development, while transitioning this area to the proposed schools and other surrounding small -lot residential developments. Primary access to the subdivision will be located off Hwy. 1709 on Pearson Lane. Additional access from Union Church Road, leads to James River Drive and the four internal residential cul-de-sacs. OUT PARCEL Lot 1, Block 6 i". ttra�ct %tW J � ere, of depth and 60.32 feet of frontage on S.H. 1709. Thus tract is to remain mamas-' with no speeds use unlit approval of a separate zoning of this specific tract is This wad is not included in the calculation of density or open space. DEVELOPMENT STANDARDS With the exception of the open areas, all of the property within CHESAPEAKE PLACE will be used for a single family detached residential development. The subdivision will adhere to the recently adopted sidewalk ordinance which will then be integrated into the walking trail and open areas. Utility distribution facilities, temporary buildings and associated facilities for construction purposes and temporary real estate sales offices, shall be permitted under the requested PUD. DEVELOPMENT REGULATIONS The following development regulations shall be applicable within CHESAPEAKE PLACE: 1. MINIMUM LOT SIZE: 14,438 square feet. 2. MINIMUM LOT WIDTH - 90 feet at the building line, except 60 feet as measured on the curve of the building line where over fifty percent (50%) of the lot is on the curve of a cul-de-sac. 3. MINIMUM LOT DEPTH — 120 feet 4. MINIMUM FLOOR AREA — Two -thousand (2,000) square feet 5. MAXIMIII - t HEIGHT— 2 1 /2 stones or thirty five feet (351 6. MINIMUM FRONT YARD —Twenty-five feet(251 ra .S . 7. MINIMUM REAR YARD — Twenty%et (207) 8. MINIMUM SIDE YARD— Ten feet (10 9. MINIMUM SIDE YARD ADJACENT TO STREET — Twenty feet (201 10. MAXIMUM LOT COVERAGE —Thirty percent (30%) 11. MAXIMUM RESIDENTIAL DENSITY — 1.5 units per gross acre Pursuant to the City of Southlake zoning ordinance for a Planned Unit Development, a minimum of ten percent (10%) of the gross area, is to be set aside as open space. CHESAPEAKE PLACE will set aside eleven and 29/100 acres or twenty and 54/100 percent (20.54%) of its gross area as open space. In addition, CHESAPEAKE PLACE will dedicate an additional 1.79 acres (3.26%) of the gross project area for perimeter roads of Pearson Lane and Union Church Road. PERMITTED USES The detached single family residential portion of the Residential Planned Unit Development ("R- P.U.D.") shall permit those uses as set forth in Section 14, "SF-20A" Single Family Residential District of the City's Comprehensive Zoning Ordinance No. 480, as amended. The following uses shall be specifically included: • "Permitted Uses," Section 14.2 • "Accessory Uses," Section 14.3 • "Specific Use Permits," Section 14.4 • "Special Exception Uses," Section 14.7 HOME OWNERS ASSOCIATION A mandatory homeowners association will be established and be in place from the outset of the development whereby all homeowners will be members of the association. The responsibilities of the association will be to maintain all community owned common areas and to enforce the CHESAPEAKE PLACE's deed restrictions in order to maintain the quality, character and values of CHESAPEAKE PLACE. ENGINEERING ANALYSIS Roadways As previously sited, the proposed CHESAPEAKE PLACE is bound by three existing roadways. The roadways include a small portion of Hwy. 1709, Pearson Lane, and Union Church Road. As currently planned, there are three ingress/egress locations into the subdivision; one on Pearson Lane and two on Union Church Road. No direct access to Hwy. 1709 is planned. Drainage CHESAPEAKE PLACE is situated in the Big Bear Creek drainage basin. The majority of the property flows to the south from Union Church into Big Bear Creek. The storm water discharge will be taken to -1A.,;-7y 0 14 the right of way of Union Church Road and Pearson Lane, and will be discharged into unnamed tributaries of Big Bear Creek. Water Distribution and Sewage Collection Systems CHESAPEAKE PLACE will be served by an existing 12 inch water line located in Pearson Road. Sanitary sewer service will be provided by gravity from the S-1 interceptor. All design efforts will be closely coordinated with the City of35outhlake engineering staff, as well as the City's consulting engineers. SUMMARY The proposed community of CHESAPEAKE PLACE is designed and will be developed as a family oriented single family residential community with ample consideration given to the surrounding zoning. CHESAPEAKE PLACE will. be a positive and homogeneous addition to this area of Southlake and its immediate neighbors in Keller. Although it will be a new development, CHESAPEAKE PLACE conforms to the current uses of the area, while creating a needed transitional buffer to both present and future development. The different land uses and zonings of the surrounding properties have been taken into consideration in the creation of a development that will appropriately enhance the transition between all of the different surrounding properties. We respectfully request the City of Southlake Planning and Zoning Commission and City Council consider and approve a change in zoning from "AG" agricultural to "PUD: Planned Unit Development District pursuant to the criteria presented and discussed herein. -7A -ZS N CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-305 AN ORDINANCE --AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 4A, 4A8, 4A9, 4B, AND 4E2, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO.18, AND BEING APPROXIMATELY 54.95 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals L:\CITYDOCS\ORD\CASES\480-305. WPD Page 1 -r A -?.& (40", and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of (60.1 signs to traffic control and adjacentproperty; street size and adequacy f � q y o width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, L:\CnTD0M0RD\CASPS%4W3M. W PD Page 2 '% A -2:7 Coe WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there (W is a necessity and need for the changes in zoning and has also found and determined g g that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and LACITYD0CS\0RD\CASESWW303, WPD Page 3 -7A-Z8 (W amended as shown and described below: Being Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable LAUNDOCS\ORDTASESIAW305. WPD Page 4 7 A .�•7W consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein (aw, shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or L:\CITYDOCS%ORDICASEM80-305. WPD Page 5 77A -30 11 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. (OW, This ordinance shall be in full force and effect from and after its passage and publication A as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY LACITYD0 CS\0 RD\CASFS4W305. W PD Page 6 -7A -3 I (*Mw, PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR L44 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ATTEST: CITY SECRETARY L:%CITYDOCS%ORD\CASFSN80-305. W PD Page 7 -7A -3Z 31 EXHIBIT "A" CHESAPEAKE PLACE PROPERTY DESCRIPTION Description for a tract of land in the J. G. ALLEN SURVEY, ABSTRACT NUMBER 18, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Harold and Medine Pipes, recorded in Volume 1738. Page 86. Deed Records, Tarrant County, Texas, and being that tract of land described in a deed to Ranch Land Leasing Co., Inc. recorded in Volume 11387, Page 1525. Deed Records, Tarrant County, Texas, SAVE AND EXCEPT that portion described in a deed to Joe David Pipes, recorded in Volume 11892, Page 214, Deed Records, Tarrant County Texas, Together With a tract of land described in a deed to Seyed M_ Mirtcheri and wife, Chitsazan Parichehr Mirtaheri recorded in Volume 12442, Page 629, Deed Records, Tarrant County, Texas, and Together With two tracts of land described in deeds to Lois J. Turner recorded in Volume 7469, Page 2115 and Volume 7624, Page 1440, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows: BEGINNING at a 1/2' iron pin set with cap marked, "AREA SURVEYING" for the southwest corner of said Harold and Modine Pipes tract, for the southwest corner of said Ranch Land Leasing tract and for the apparent southwest corner of said Allen Survey; THENCE North 00 degree 13 minutes 14 seconds West a distance of 114.05 feet along Pearson Lane to a P.K. nail found for the southwest corner of said Joe David Pipes tract; THENCE North 89 degrees 58 minutes 11 seconds East a distance of 342.20 feet to a 1/2' iron pin set with cap marked, "AREA SURVEYING" for the southeast corner of said Joe David Pipes tract: THENCE North 00 degree 19 minutes 40 seconds East a distance of 384.91 feet to a 1/2" iron pin found for the northeast corner of said Joe David Pipes tract; THENCE South 89 degrees 58 minutes 11 seconds West a distance of 130.54 feet along the north line of said Joe David Pipes tract to a 1/2" iron pin found for the southeast corner of a tract of land described in a deed to Billy Scroggins and James Barber, recorded in Volume 7440, Page 1514. Deed Records, Tarrant County, Texas; THENCE North 00 degree 13 minutes 14 seconds West a distance of 199.70 feet to a 1/2" iron pin set with cap marked, "AREA SURVEYING" for the northeast corner of said Scroggins and Barber tract; metal fence post for the southeast comer of a tract of land described iTHENCE North 89 degrees 54 minutes 25 seconds East a distance of 13n a deed to 1.21 feet to a Weldon and Jean Snow, recorded in Volume 8031, Page 641County, Texas; , DeedRecords, Tarrant THENCE North 00 degree 00 minute 28 seconds West a distance of 373.99 feet to a 1/2" iron pin found for the northeast corner of 'Tract 1" as described in a deed to Weldon and Jean Snow, recorded in Volume 8031, Page 637, Deed Records, Tarrant County Texas, said pin lying in the south line of Lot 2, Block 1, ST. MARTINS IN —THE — FIELD ADDITION, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas. THENCE North 89 degrees 53 minutes 39 seconds East a distance of 394.17 feet to c 1/2" iron pin found for the southeast corner of said Lot 2, Block 1; THENCE North 00 degree 03 minutes 41 seconds West a distance of 726.08 feet to a 1/2" iron pin found for the northeast corner of Lot 1, Block 1, of said ST. MARTINS IN — THE —FIELD ADDITION; page 1 of 2 RECD JAN 14 7999 L %CITYDOCSIORD\CASES%"0-3W. WPD �� i2 2 Page 8 ✓ J A A EXHIBIT "A" THENCE North 89 degrees 53 minutes 14 seconds West at 717.60 feet passing a 1/2" iron pin found, in all, a total distance of 739.06 feet to a P.K. nail found in the asphclt `pcverrent of Pearson Lane; THENCE North 00 degree 04 minutes 50 seconds West a distance of 642.16 feet along Pearson Lane to a P.K. nail found in asphalt; THENCE South 89 degrees 59 minutes 35 seconds East a distance of 425.71 feet to a 1/2' iron pin set with cap marked. "AREA SURVEYING"; THENCE North 00 degree 08 minutes 52 seconds East a distance of 144.98 feet to a 1/2" iron pin set with cap marked, "AREA SURVEYING" in the south line of West Southlake Boulevard (Farm to Market Highway 1709); THENCE South 89 degrees 21 minutes 05 seconds East a distance of 60.32 feet along the south line of West Southlake Boulevard to a 5/8' iron pin found; THENCE South 00 degree 14 minutes .29 seconds West a distance of 586.47 feet to a fence post; THENCE South 89 degrees 50 minutes 58 seconds East at 316.8 feet passing 0.2 of a foot north of a 1/2' iron pin found, at 473.2 feet passing 0.1 of a foot north of a 1/2" iron pin found, at 681.93 feet passing a 1/2' iron pin found, in all, a total distance of 682.68 feet; THENCE North 00 degree 08 minutes 14 seconds East a distance of 3.40 feet to a 1/2" iron pin found; THENCE South 89 degrees 48 minutes 13 seconds East a distance of 302.77 feet to a 1/2' iron pin found for the northwest corner said Mirtoheri tract; THENCE South 00 degree 09 minutes 16 seconds West a distance of 814.81 feet to a railroad cross tie fence post for a corner of said Mirtahen tract; THENCE South 89 degrees 02 minutes 05 seconds East a distance of 68.54 feet to a 1/2' iron pin found; THENCE South 00 degree 10 minutes 46 seconds West a distance of 1,173.68 feet to a 1/2" iron pin found in the north line of Union Church Road; THENCE North 89 degrees 48 minutes 25 seconds West a distance of 371.30 feet along the north line of Union Church Road to a 5/8" iron pin found; THENCE North 00 degree 11 minutes 30 seconds East a distance of 20.89 feet to a point for comer in the asphalt pavement of Union Church Road; THENCE North 89 degrees 37 minutes 40 seconds West a distance of 183.44 feet to e P.K. nail found in the asphalt pavement of Union Church Road; THENCE North 89 degrees 37 minutes 40 seconds West a distance of 974.49 feet along Union Church Road to the POINT OF BEGINNING, said described tract containing 54.95 acres of land. page 2 of 2 RECD JAN 141999 t~%CrrnXK %0RD1CASFSWW305.WPD • " " '3 Pop A A A RON :110.3 HUM 6661 7 ­­: 6,531 fin 16 il 1. P 1.113 N R I.- p I; Ii I; la nA19 UnOW a PFN :1 1. Ir- PEI 111 gg fill if ililllr�l('� I !r Ali:04:!.�: L:\CrrYDOMORDNCASESWW305.WPD Page 10 -7.4— 2j� EXHIBIT "B" ,-LHESAPEAKE PLACE DEVELOPMENT REGULATIONS OCTOBER 12, 1998 A Planned Unit Development District ("PUD") Residential Community Southlake, Texas This proposal is made by Four Peaks Development, Inc. on behalf of the current property owners described herein requesting the property be rezoned from "AG" Agricultural to "PUD" a Planned Unit Development to be known as CHESAPEAKE PLACE. The 54.95-acre project will be improved as a single-family residential community with a Neighborhood Park and open space comprising 20.54% of the total project area. The master plan has been designed to create a neighborhood which affords a transition and compatibility with the existing adjacent commercial uses to the north and west, the small lot developments to the south and the undeveloped properties to the east, including property owned by the Keller Independent School District. This presentation to the City of Southlake will document and provide information in three areas: 1. Review of the existing site with its current ownership, uses, natural features, etc., and review of surrounding conditions such as, adjacent zoning, land uses, perimeter streets, etc.; 2. Description of the proposed development concept for the requested PUD including land use and the integration with the surrounding uses, density, development standards and requirements, mandatory homeowners association, sidewalk system and park facilities; (40" 3. Detailed description and evaluation of on -site and off -site development improvements including paving, storm water drainage, water and sewer facilities and the benefits of the integration of each into the surrounding properties and general area. A PROJECT LOCATION AND DESCRIPTION CHESAPEAKE PLACE Subdivision will be located at the northeast corner of Union Church Road and Pearson Lane at the extreme southwest boundary of the City of Southlake. The western most perimeter will border and front Pearson Lane with the subdivision's primary entrance. The western boundary borders and surrounds the north and east sides of St. Martins in the Fields Episcopal Church, continuing south along the perimeter of the commercial businesses known as Snows Gym and Aquatic Center, and Flower Ranch. INs perimeter continues east along Union Church Road approximately 15W feet, and turns north, bordering the recently acquired Keller ISD school property. The project contains two entrances from Union Church Rd. The property is, for the most part, unimproved except for two existing residential structures. The general area surrounding CHESAPEAKE PLACE is primarily unimproved, with the exception of light commercial to the west and north. The Keller Independent School District has purchased 30+ acres directly to the East of the subdivision. Directly to the south in the City of Keller, is Hidden Lakes, a master -planned community of approximately 1000 acres, with lot sizes beginning at 6,000 square feet. Although CHESAPEAKE PLACE will be a new development in this area, it conforms to the current uses, while creating a needed transitional buffer to both present and future development. The different land uses and zoning of the surrounding properties have been taken into consideration in the creation of the development master plan and preliminary plat for CHESAPEAKE PLACE. This planning will create a suitable and appropriate transition between all of the different properties, while creating an attractive and marketable residential community. M MAR 0 91999 305.wen A —� Page 11 OWNERSHIP The respective properties are currently owned by the following parties: 15.67 acres located at the southeast corner of the property owned by Seyed M. Mirtaheri 36.17 acres, is owned by Ranchland Leasing Company, Inc. 3.11 acres, with a residential house fronting Union Church is owned by Michael and Laura Musgrove PROPOSED SITE ZONING AND LAND USE The proposed zoning of CHESAPEAKE PLACE is from Agriculture (SAG) to a Planned Unit Development District ("PUD') according to Section 30 of the City of Southlake's Comprehensive Zoning Ordinance. It further complies with subsection 30.8, item 1, requiring submittal of a Development Plan for the entire Planned Unit Development. Concurrent with this submittal we are applying for approval of the Development Plan for CHESAPEAKE PLACE. The proposed land use for CHESAPEAKE PLACE is for single family, detached residential units with a maximum density of 1.5 units per acre and 80 lots. DEVELOPMENT CONCEPT The goal of the CHESAPEAKE PLACE development is to have a quality, family oriented residential community, offering a peaceful environment, while affording the enjoyment of private park amenities and the convenience of a major thoroughfare to its residents. The open area can accommodate a variety of recreational uses including open play areas, junior size:soccer fields and basketball court(s). The open park area offers a buffer to the residents from the existing light commercial development, while transitioning this area to the proposed schools and other surrounding small -lot residential developments. Primary access to the subdivision will be located off Hwy. 1709 on Pearson lane. Additional access from Union Church Road, leads to James River Drive and the four internal residential cul-de-sacs. OUT PARCEL Lot 1, Block 6 �tctf�(�4. f of depth and 60.32 feet of frontage on S.H. 1709. This tract is to remain '1ifa will► npso r ew approval of a separate zoning of this specific tract is app This tract is not included in the calculation of density or open space. DEVELOPMENT STANDARDS With the exception of the open areas, all of the property within CHESAPEAKE PLACE will be used for a single family detached residential development. The subdivision will adhere to the recently adopted sidewalk ordinance which will then be integrated into the walking trail and open areas. Utility distribution facilities, temporary buildings and associated facilities for construction purposes and temporary real estate sales offices, shall be permitted under the requested PUD. DEVELOPMENT REGULATIONS The following development regulations shall be applicable within CHESAPEAKE PLACE: 1. MINIMUM LOT SIZE: 14,438 square feet. C., 2. MINIMUM LOT WIDTH - 90 feet at the building line, except 60 feet as measured on the curve of the building line where over fifty percent (50%) of the lot is on the curve of a cul-de-sac. UCITYDOCSNORDTASFSW20.30S . W PD Pop 12 7A -37 EXHIBIT "B" 3. MINIMUM LOT DEPTH — 120,feet 4. MINDAUIM FLOOR AREA — Two -thousand (2,000) square feet 5. 1'vV%_C11%iL%v1 HEIGHT— 2-1/2 stories or thirty five feet (351 G. MINIMUNI FRONT YARD — Twenty-five feet(25) 7. MINIMUM REAR YARD —Twenty�'feet (20') 8. MINLIMUM SIDE YARD — Ten feet (10 9. MMMUM SIDE YARD ADJACENT TO STREET —Twenty feet (201) 10. MAMMUM LOT COVERAGE —Thirty percent (30%) 11. MAMMUM RESIDENTIAL DENSITY — 1.5 units per gross acre Pursuant to the City of Southlake zoning ordinance for a Planned Unit Development, a minimum of ten percent (10%) of the gross area, is to be set aside as open space. CHESAPEAKE PLACE will set aside eleven and 29/100 acres or twenty and 54/100 percent (20.54%) of its gross area as open space. In addition, CHESAPEAKE PLACE will dedicate an additional 1.79 acres (3.26%) of the gross project area for perimeter roads of Pearson lane and Union Church Road. PERMITTED USES The detached single family residential portion of the Residential Planned Unit Development ("R- P.U.D.') shall permit those uses as set forth in Section 14, "SF-20A" Single Family Residential District of the City's Comprehensive Zoning Ordinance No. 480, as amended. The following uses shall be specifically included: • "Permitted Uses," Section 14.2 • "Accessory Uses," Section 14.3 • "Specific Use Permits," Section 14.4 • "Special Exception Uses," Section 14.7 HOME OWNERS ASSOCIATION A mandatory homeowners association will be established and be in place from the outset of the development whereby all homeowners will be members of the association. The responsibilities of the association will be to maintain all community owned common areas and to enforce the CHESAPEAKE PL.ACE's deed restrictions in order to maintain the quality, character and values of CHESAPEAKE PLACE. ENGINEERING ANALYSIS Roadways As previously sited, the proposed CHESAPEAKE PLACE is bound by three existing roadways. The roadways include a small portion of Hwy. 1709, Pearson Lane, and Union Church Road. As currently planned, there are three ingress/egress locations into the subdivision; one on Pearson Lane and two on Union Church Road. No direct access to Hwy. 1709 is planned. Drainage CHESAPEAKE PLACE is situated in the Big Bear Creek drainage basin. The majority of the property (V.., flows to the south from Union Church into Big Bear Creek. The storm water discharge will be taken to L 3W.WPD IhW 13 7A -38 L EXHIBIT "B" the right of way of Union ChurclkRoad and Pearson Lane, and will be discharged into unnamed tributaries of Big Bear Creek. ' Water Distribution and Sewage Collection Systems CHESAPEAKE PLACE will be served by an existing 12 inch water line located in Pearson Road. Sanitary sewer service will be provided by gravity from the S-1 interceptor. All design efforts will be closely coordinated with the City of, outhlake engineering staff, as well as the City's consulting engineers. SUMMARY The proposed community of CHESAPEAKE PLACE is designed and will be developed as a family oriented single family residential community with ample consideration given to the surrounding zoning. CHESAPEAKE PLACE will be a positive and homogeneous addition to this area of Southlake and its immediate neighbors in Keller. Although it will be a new development, CHESAPEAKE PLACE conforms to the current uses of the area, while creating a needed transitional buffer to both present and future development. The different land uses anctzonings of the surrounding properties have been taken into consideration in the creation of a development that will appropriately enhance the transition between all of the different surrounding properties. We respectfully request the City of Southlake Planning and Zoning Commission and City Council consider and approve a change in zoning from "AG" agricultural to "PUD: Planned Unit Development District pursuant to the criteria presented and discussed herein. LACMDOMORMCASFS11WO. WPD page 14 -7 A --2-Af (W EXHIBIT "C" REGULAR CITY COUNCIL MEETING CONTINUATION MEETING FEBRUARY 22, 1999 FROM FEBRUARY 16, 1999 31 Motion was made to approve 1st reading on ZA 98-118, pursuant to the Development Plan Review Summary #3, dated February 12, 1999; that the zoning plan is contingent upon the plan before the Council tonight. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Edmondson, Stacy Nays: None Approved: 6-0 vote: LACrrYD0CS%0RD%CASESW80-3W. WPD Page IS ? A-Yo Cw EXHIBIT "C" L This page reserved for the approved City Council motions for this case. LACrNDOMORDICASFS\UO-3W.%WD � � Page 16 IN City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 98-119 PROJECT: Preliminary Plat - Chesapeake Place STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Chesapeake Place on property legally described as Tracts 4A, 4A8, 4A9, 413, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. PURPOSE: Purpose of this plat is to create a residential subdivision. LOCATION: On the northeast corner of the intersection of South Pearson Lane and Union Church Road. OWNERS: Ranchland Leasing Co., Inc.; Seyed M. Mirtaheri; Michael and Laura Musgrove. APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential and Retail Commercial NO. NOTICES SENT: (1st Notification) Seventeen (17) (2nd Notification) Nineteen (19) RESPONSES: (1st Notification) One (1) response was received within the 200' notification area: • K Wayne Lee, 3220 W. Southlake Boulevard, Southlake, TX, in favor, "This letter is to inform you of my total support for this plan as presented to you." See attached letter. (Received November 9, 1998). (2nd Notification) Three (3) responses were received from within the 200' notification area: • Gwen N. Pipes, President, Ranchland Leasing Co, Inc., 216 Warbler Court, Bedford, TX, in favor. (Received January 27, 1999). qb' I City of Southlake, Texas ?ob Templeton, Keller I.S.D., Demographics and Planning. 304 .orine Street, Keller. TV in favor, "The Keller Independent school District owns approximately 30 acres on Union Church ast of Chesapeake Place. The Keller school district has no current plans for the site. The Keller school district has no objection with the development. Thank you for the notification of the development. I will follow the requested action through final approval." (Received January 28, 1999). Laura J. lIllusgrove, 2139 Union Church Roaci, Keller, TV, in favor, "solves drainage problem, has park for community." (Received February 4, 1999). P&Z ACTION: November 5, 1998; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting. December 3, 1998; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 17, 1998, Planning and Zoning Commission meeting. January 7, 1999; Approved (6-0) at the applicant's request to table and to continue the Public Hearing to the January 21, 1999, Planning and Zoning Commission meeting. January 21, 1999; Approved (6-1) to table and to continue the Public Hearing to the February 4, 1999, Planning and Zoning Commission meeting. February 4, 1999; Motion was made to deny (3-2) the applicant's request to table to the February 18, 1999, Planning and Zoning Commission meeting. Approved (6-0) the applicant's request to table and to continue the Public Hearing to the February 18, 1999, Planning and Zoning Commission meeting. February 18, 1999; Denied (7-0). Note: A letter was received from the applicant on February 25, 1999, requesting to table this item until the March 16, 1999, or the March 23, 1999, City Council meeting. COUNCIL ACTION: March 23, 1999; Approved (6-0) on consent at the applicant's request to table to the April 6, 1999, City Council meeting. City of Southlake, Texas STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated October 30, 1998; Plat Review Summary No. 2, dated January 29, 1999; and Plat Review Summary No. 3, dated February 12, 1999, with the exception of those listed in Plat Review Summary No. 4, dated April 1, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-119PP.WPD RESIDENTIAL ARID COMMERCIAL REAL ESTATE SPECLAL]ZMG IN -THE DFW AIRPORT • DECATUR • FORT WORTH !o TRIANGLE 3220 W. SOUTHLAKE BLVD. '- SOUTHLAKE, TEXAS 76092 PROPERTIES November 6, 1998 Planning and Zoning Commission City of Southlake 667. N. Carroll Ave.." Southlake, Texas 76092 To whom it may concern: - My name is Wayne Lee. I own a commercial building located: �a at 3220 W. Southlake Blvd. I have been at -this location's rr,, 5c..,.d-45-r for eighteen years < 'r - I understand that -you are considering the application fo.r, " - r" zoning and platting for Chesapeake Place which: will: adjoin - ^�r� me to the South. _ �iKKi�llril[J - •. - i This letter is to inform you of my total support for this plan as presented to you. Southlake needs this type of., development. This plan is very near developments in the - City of Keller which. -have much smaller :lots. In my.opinion r there is no need to -ask the. developer (Four,Peaks'--) for s ' any lower density, than is shown .on the preliminary plat y, h t< oeff yG�' 4 i Feel free t if they are questions: Sin r ly, P.S. The buffer shown is more than generous and is appreciated. sGft .s �'rss WO NOV 091998 TRACT MAP + � � hrr 1 •�'rl, ' SIt4 '� SIU bll! yl/1 1 I ;Ir•, II I I9)1 01.007 O 1.0(1.7 O 1.00.1 O I /.14 1/ J �a ` ^ 1111/ �' ADJACENT OWNERS •r 3.3 O S CITY OF SOUTHLAKE CITY OF OUTHLAKE - - AND ZONING "AG STATE OF TEXAS W SOUTHLAKE 111,111) --I f1.3_4 IIf 1n I.tA -111-A IRI4114-_165O 1411 1119/A"`A ,.. IRl uvn iR 4AJA —iR 4AIA__ ____Ilt 4101---MAI I If, 11 IR •I I,II11 IRS. Q.. - \ 1 IR 1414 "" I1r 4111 "AG" J. DAVIS K. LE� SOUTHLAKE R. T. R r,0 :.i6 to 45 O PSE, INC. A TRAVIS FLEEGER Ur It.l IR 41 1 4.019 AC --'�-�°—� ' � H. CONRAD M. ' G. HILL R. T. SCHAEFER -- ---- t 6Cl TRAVIS FLEEGER 13 A,. IR 4K1 i IR.4L1 I ' Ac 1.26 Ac - -- - - f R.4A I J6. 16 AG" 2 [f,7 IR 412 5. f/ 11? 411, Ilr 41 ST. MARTIN IN -THE -FIELDS i P. 4 Ac 14 A,i t'IJ SCHAEFER j )'� EPISCOPAL CHURCH I I —,--- 7.044 41 PI. fit 1 2 Ac 7 "CS" GINGHAM ------- TF2 IR 4.1 iR 4 11 411 ST. MARTIN IN -THE -FIELDS 57 10 20 A(: 200 AC E EPISCOPAL CHURCH 2 4 1.7J6 iD "AG.. "AG" EAGLE CONTRACTING CORP IUN "Sp-1 I, KELLER ISD r,nnl R. SNOW 4A 03 Ili ac If) AC r J6.166 O '1 10.02 9 R'Lt 40 1 7 ILf9 1/ iR 4 I ) AC -- - -- ,�, I; 'AG' J. PIPES j II IIt 4A19 11 51) 11 6L I C II AAA i � 1.00 AC I'I I i . -_ ... C1tN'I'INICN'IY 1R 3C1 ��,/' I I A I IIf 4.1 I IIt 4A .411'1 AI' I •, nr IR 1 City of Southlake, Texas 'ase No: ZA 98-119 Review No: Four Date of Review: 4/01/99 Project Name: Preliminary Plat - Chesapeake Place. being 51.85 acres out of the J. G. Allen Survey, Abstract APPLICANT: SURVEYOR: Four Peaks Development Area Surveying, Inc. P.O. Box 92909 102 W. Trammell Street Southlake. Texas 76092 Fort Worth. Texas 76140 Phone: (817) 329-6996 Phone: (817) 293-5684 Fax: (817) 481-4074 Attn. David McMahan Fax: (817) 293-5685 Attn. Roger Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/, 15/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD MCROY AT (817) 481-5581, EXT. 880. The following changes are needed regarding easements: a. Note that the 25' X 25' Entry Esmts. are to be dedicated to the homeowners association. b. Clarify the extent of the proposed 20' D. & U.E. along the west line of Chesapeake Lane. It appears the D.E. should extend south through the park. 2. The Subdivision Ordinance No. 483, Section 5.03 - Kl requires a street stub into adjacent property at a minimum of 1,000 feet apart. Provide a street stub in the vicinity of Lot 21, Block 3, to extend east through the Keller I.S.D. tract or through the Schaefer tract east of this site. Currently, a street is proposed along the west side of the "The Remington Retirement Development" and is planned to continue through the K.I.S.D. tracts to Union Church. 3. The following changes are needed regarding the proposed lotting: a. All lots must comply with development regulations as approved. b. Provide a minimum lot width at the front building line of 90' on Lot 8, Block 3 as specified in the proposed development regulations. The extended roadway curve at this location is not a cul-de-sac. With a 45' Building Setback Line the applicant has provided approximately 77' of lot width. Provide lot lines radial or perpendicular to the adjacent R.O.W. Specifically, Lots 7& 8, Block 2 are not radial to the adjacent cul-de-sac. Lots 7-9, Block 3 and Lots 3 & 4, Block 5 have angle points along the lot lines which do not meet the intent of the requirement. L:\COMDEV\WP-PILRS\RSV\98\98119PP4.WPD 9M Page 1 City of Southlake, Texas 4. The following changes are needed with regard to Common Area lots. a. Lot 1, Block 1 (Common Area No. 1) was approved by the Park Board for dedication as a public park. If this is the intent label the lot as such. b. It appears that a lot line exists between the large portion of Common Area No. 1 and the area lying between Chesapeake Lane and Lots 1 & 2, Block 1, St. Martin -in -the- Fields Addn. Remove this line or provide an appropriate lot number for the smaller portion. 5. Correct the Land Use Data discrepancies between this plat and the development plan. Also, include the "Out Parcel" Lot 1, Block 6 adjacent to F.M. 1709 in the Land Use Data. This would appear to affect the following: Out Parcel (Lot 1, Block 6) 0.20 Ac. Prop. Residential Area 34.22 Ac. Residential Portion 62.28% Average Lot Area 18,633 S.F. 6. Staff recommends that the through street be a single street name through the development. The plan currently proposes three different street names for a single through street. * A sign permit is required prior to any sign construction. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication ,f requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. * Denotes Informational Comment cc: Four Peaks Development; J. E. 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I� � L a y � I '3 I It: I City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 99-025 PROJECT: Ordinance No. 480-309 / Second Reading / Rezoning and Site Plan - Southlake Town Square, Phase 2, Block 10 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 3 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 7.576 acres. A Site Plan for Southlake Town Square, Phase 2, Block 10, will be considered with this request that encompasses approximately 7.93 acres. PURPOSE: Zoning/Site Plan approval required for development. LOCATION: On the east side of North Carroll Avenue across from Ownby Lane. OWNERS: The Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James Milton Fechtel. APPLICANT: Cooper & Stebbins, L.P. CURRENT ZONING: "C-3" General Commercial District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Seven (7) RESPONSES: None P&Z ACTION: March 23, 1999; Approved (5-0) subject to Site Plan Review Summary No. 1, dated March 12, 1999, accepting Item #1 with respect to the dumpsters being screened with a gated 8' masonry wall; on Item #2 allowing setbacks as proposed; on Item #3.b, allowing articulation as proposed; on Items #5.a and #5.b, accepting the 'ic.1 City of Southlake, Texas bufferyards and landscaping as proposed; on Items #7.c and #7.d, allowing the parking as proposed; allowing Item # 10 as proposed (variations proposed to the City of Southlake ordinances); eliminating the megndering requirement in Item #15; requiring the chain link fence to be black; reconfigure mail drop off to provide better stacking, service and safety; requiring the same zoning restrictions that are in place on their NR-PUD; adding Item #6.a.4 ("Driveway intersecting North Carroll Avenue from Lot 1 must provide a minimum stacking depth of 50'. The provided depth is 40'."); and recommending that City Council consider Mr. Stebbins' solution for the masonry wall which consists of masonry columns approximately 20' on center with possible wrought iron fence in between each column. COUNCIL ACTION: March 23, 1999; Approved (6-0) First Reading subject to Site Plan Review Summary No. 1, dated March 12, 1999, and per P&Z's motion of March 23, 1999. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated March 12, 1999, with the exception of those listed in the attached Site Plan Review Summary No. 2, dated April 1, 1999. L:\COMDEV\WP-FrLES\MEMO\99CASES\99-025ZS.WPD T-2 N COOPER & STEBBINS CooperStebbins, L.P., 1721 East Southlake Blvd., Suite 100 Southlake, Tens 76092 Telephone (817) 329-8400 Facsimile (817) 251-8717 March 30, 1999 Mr. Dennis Killough City of Southlake 667 North Carroll Southlake, Texas 76092 Re: Site Plan for S-P-1 Zoning - Southlake Town Square, Phase 2 - Case No. ZA 97-025 Dear Dennis: Enclosed in support of the Application for Rezoning and Site Plan Approval for Phase 2 of Southlake Town Square are seventeen (17) copies and one (1) 1 V x 17" reduction of each of the following revised Exhibits and Appendices: 1. Exhibit A - Grading and Utility Plan (Existing and Proposed) 2. Exhibit B - Landscape Plan 3. Exhibit C - Building Elevations 4. Exhibit D - Drainage Plan 5. Exhibit F - Development Regulations Comparative Summary 6. Appendix 1 - Site Plan 7. Appendix 2 - Development Regulations 8. Appendix 4 - Revised Preliminary Plat In addition to the above, we are also submitting a revised copy of the narrative, correcting certain inconsistencies noted by Staff, together with black -lined copies of the narrative, Development Regulations and Development Regulations Comparative Summary, marked to show changes from the prior draft. Exhibits E and G and Appendix 3 are unchanged and remain as originally submitted. This letter and the enclosures herein are delivered in support of the revised Exhibits and Appendices and in response to the City's comments to Cooper & Stebbins, L.P.'s application for approval of a Site Plan for S-P-1 Zoning for Phase 2 of Southlake Town Square, as modified REGD MAR 3 01999 T3 pursuant to actions taken by the City Council and Planning & Zoning Commission on March 23, 1999. Revisions have been made as described below (organized in the order raised in Review No. One dated March 12, 1999): 1. Walls, fences and screening devices have been shown and labeled as requested, noting type of material and height. The screen wall along the west right-of-way of State Street and the south right-of-way of Post Avenue has been revised to show masonry columns twenty (20) feet on center with decorative metal in -fill panels and landscape screening, as requested by Council. In addition, we have specified the chain link fence as being black vinyl coated with evergreen vine cover, as requested. Masonry materials on trash dumpsters are subject to proposed Development Regulation 8.0.c. (i.e., not required to be similar to the primary structure). 2. Building lines are requested to be approved as submitted on the Site Plan, as preliminarily approved by Council and in accordance with proposed Development Regulation 3.0.b., which has been revised to clarify that the fifty (50) foot setback is applied on a building -by -building basis, and including the waiver of the zero lot line requirements of Section 22.5 of the Zoning Ordinance, consistent with Development Regulation 3.0.b., which provides that no bufferyard shall be required between lots. 3. a. We have added schematic dimensions along horizontal and vertical building lines, and have dimensioned building heights per UBC standards. b. Approval of horizontal and vertical articulation is requested in accordance with Council s preliminary approval, in accordance with Development Regulation 3.0.d. and the building elevations submitted herewith. Buildings along North Carroll Avenue have been grouped in a courtyard setting, reminiscent of the old town depot. The central building (Building 1 OB), set back fifty (50) feet, is the old depot building. The buildings on either end (Buildings 1OA and 1 OC) are brought forward to a thirty-two (32) foot setback and feature raised tower elements at the corners, to frame the courtyard. The Post Office is based on the old small town post office building design, with a strong corner element at the intersection of State Street and Prospect Street. The building and the adjacent Building IOD continues the "main street" architecture established in the Phase One downtown area. Along Prospect Street, the goals of facade articulation are accomplished in a number of ways, primarily succeeding by: • Breaking down the "block elevation" into a series of smaller "main street" facades, each of which appears as a separate building elevation. The following additional facade articulation is provided: * Horizontal articulation will be provided in the form of projecting awnings, canopies, and towers. Except for these types of elements, it is important that the overall block elevation not have setbacks from the sidewalk. Such offsets from facade to facade would create an inconsistent street edge that is not in keeping with a "main street" approach. ICA * Vertical articulation will be achieved in three different respects: 1) creating steps in the parapet line between individual "main street" facades. The size of these steps need"sto be determined by the individual design parameters for each facade and its relationship to the adjoining facade. In certain instances, it will be desirable to match the parapet height between two or more buildings. 2) creating offsets in the parapet line within any given "main street" facade. Similar to parapet stepping, the size of these offsets, and their frequency needs to be consistent with and sympathetic to the architectural design parameters of each facade. 3) establishing an enhanced cornice zone at the top of any individual "main street" facade that is a minimum of 18" high and incorporates: a) at least two different colors and/or materials in a repetitive pattern or motif, or; b) projecting and/or inset areas so as to create a repetitive pattern of changes in the wall plane. 4. Development Regulation 3.0.c. has been revised to provide for the calculation of impervious coverage on a block -by -block basis, in lieu of the lot by lot requirements of the Ordinance. Increase of impervious coverage for Block 10 from seventy-five percent (75%) to seventy- nine percent (79%) has been requested in consideration of the Site Plan submitted, with coverage on any individual lot not to exceed eighty-five percent (85%). When we met with Council, overall block coverage was 75.15%. Under the revised Site Plan, coverage is now 78.37%. The major reason for this increase in site coverage is the reduction of open space on Lot 2 caused by relocation and expansion of the mail drop-off area, as requested by Council and P&Z. While the net effect on impervious coverage is negative, the net benefit to the public is positive, as the revised open space areas are now outside the screen wall and so visible to and not hidden from the public. While the Block 10 Site Plan may not technically comply with the zoning ordinance, we believe the intent of the ordinance is clearly satisfied by extending the downtown P.U.D.'s approach of concentrating open space in areas where it is an amenity that can be used by the public. In this case, the result of the "tight" Block 10 design allows for the additional open space made available by Block 11, Lots 1 and 2, which are preliminarily platted as common open space and have been set aside as part of a future approximately five (5) acre park. 5. a. Bufferyards are shown as submitted on the original Site Landscape Plan, as preliminarily approved by Council and in accordance with Development Regulation 10.a. b. Interior landscaping is shown as submitted on the original Site Landscape Plan, as preliminarily approved by Council and in accordance with Development Regulation 10.b., which has been revised to clarify the calculation of interior landscape in accordance with Site Landscape Plan "Summary of Interior Landscape," note (a), which provides that 9C.6 �Oe where a building abuts a street, the interior landscape requirements will be reduced to the extent replaced by streetscape. This is converted into a formula in the Development Regulation, where the "Interior Landscape Area" ("ILA") required under the Development Regulation e4xals the Interior Landscape Area otherwise required under the zoning ordinance ("RILA") multiplied by a fraction, the numerator of which is the linear frontage of a building which abuts a street "SCLF" (in which case the "streetscape" landscape design replaces the typical interior requirements) and the denominator of which is the total linear frontage of the building ("TBLF"). c. Bufferyards and landscaped areas have been differentiated and shaded/cross-hatched accordingly on the Site Plan. 6. a.(1-4) As discussed, we are requesting a variance to the "typical" measurement of stacking distances, using the back of curb as the starting point and not the lot line. This is in keeping with the approved downtown N.R.P.U.D. and is consistent with the intent of the ordinance, which is to use a "fixed" point rather than a point which may vary over time. In this case, the curb line at Prospect Street and Post Avenue is fixed, as these streets are fully built out. While the North Carroll Avenue curb line is "fixed" based on current engineered drawings, we have also looked at a future potential six (6) lane configuration which would move the curb to the east along the east right-of-way. Under this scenario, to preserve a minimum fifty (50) foot stacking depth, we would need to delete one (1) parking space on the south side of both Prospect Street and Post Avenue, as proposed, while the proposed center drive off North Carroll Avenue would still meet the minimum criteria. Accordingly, we request approval of the Site Plan as submitted in accordance with our letter of March 23, 1999 (subject to deletion of the westernmost parking space on the south side of Post Avenue and Prospect Street, shown on the revised Site Plan), including the waiver requested as to the center drive as discussed as item 6.a.4. b. Curb return radiaii have been revised as requested. 7. a. Parking counts have been revised as shown. b. We have deleted one (1) parallel space. The remaining spaces meet the minimum requirements of the ordinance. c. The Site Plan remains in conformance with patterns established around Phase I of Southlake Town Square. We request approval as shown, and as preliminarily approved by Council. d. The information requested has been provided. e. We have deleted the five hundred (500) foot limit from proposed Development Regulation 5.0.b. 8. The future expansion area has been revised to show approximately 12,000 square feet. The possible future addition to the Post Office is highly speculative at this time. As such, information beyond the possible square footage of additional area cannot be provided at this time. 9. The Preliminary Plat has been revised to show the agreed reconfiguration of the intersection of State Street and Reserve Street. 10. (a-0 The Site Plan is submitted as originally proposed, consistent with the regulations for the N.R.P.U.D. and the preliminary approval by Council. 11. The Site Data Summary Chart has been revised as requested. 12. Fire lanes have been clearly labeled. 13. Lot boundaries have been bolded and lot bearing and distance labels have been relocated and/or resized to improve legibility. Lot numbers have been clearly labeled. 14. Land Use Designation for lots within Southview Addition has been labeled as "medium density residential." The "Mixed Use" Land Use Designation has been added to the adjacent Southlake Town Square N.R.P.U.D. (4aw 15. A six (6) foot concrete sidewalk has been added in the North Carroll Avenue right-of-way running in a straight line between Prospect Street and Post Avenue, as preliminarily approved by Council 16. The location, orientation, type and height of proposed lighting and signs has been shown. No exterior auditory devices are proposed. * The City case number "ZA 99-025" has been placed in the lower right corner of the Site Plan and associated Plan documents, fore ease of reference. Please do not hesitate to contact the undersigned or any of the applicable registered professionals should you have any questions regarding any of the above. Sincerely, COOPER & STEBBINS, L.P. r Frank L. Bliss Executive Vice President 10 cc: Brian R. Stebbins Dan Quinto Clay Corbitt Michael Murray "» Walter P. Moore John Logan 2N m q(A Z)UU I rILMLO I z 37 14 J. COLE t15 0— 1 z 125 27 23 29 'H.SPARKS M- BERRY -�MeS,F-20A"- F�OUTHVIEW 4 �ASE 11, JV' 5 CT B.PAULSEN? 249 -.17 MENDEZ LTD. "AG" as TR 3D1 3.0 AC 4W -2-85 - 06 tj f[A 140 .. - k TR 3 72.514 AC THE FECHTEL GROUP "NR—PUD" 210 TR 38 1.0 AC The Department of Planning has been advised that the actual propery owner for Block 5, Lot 1, Southview Addition is Michael J. Wright. He has been notified of this case. 210 ADJACENT OWNERS AND ZONING City of Southlake, Texas Case No.: ZA 99-025 Review No: Two Date of Review: 4/01/99 Project Name: Site Plan for S-P-1 Zones - Southlake Town Square, Phase 2 APPLICANT: Cooper & Stebbins- LP ., .1 - C R. Walter P. Moore & Assoc, MET M.1-1110 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/30/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. General Development Standards Applies Comments Corridor Overlay_ Regulations Y See Comments No. 1 - 2a Residential Adjacency Y Complies Building Articulation Y See Comment No. 3 Masonry Standards Y Complies Impervious Coverage Y See Comment No. 4 Bufferyards Y See Comment No. 5a Interior Landscape Y See Comments No. 5b Driveways - Stacking ' Spacing Y Y See Comments No. 6a See Comments No. 6b 1. The following items are with regard to screening: a. Loading areas intended for tractor/semi-trailers must be screened of view from adjacent rights - of -way and residential properties by a minimum 10' solid wall constructed of a masonry material similar to the front building facade. The applicant proposes screening as described in Appendix 2, Section 8b. Loading area on the west side of the Post Office does not appear to be fully screened from Post Avenue and a portion of Carroll Ave. (P & Z Action & C. C. Action 3123199: Allow as proposed in regs, However, the specific application of this was not addressed in the first review) b. Trash dumpster enclosures must be constructed with masonry material similar to the primary structure. The plan proposes 9' Concrete Block (CMU) wall with an E.I.F.S. finish. The applicant propose trash receptacle screening as described in Appendix 2 Sect. 8c. (P & Z Action & CC Action 3123199: Allow as proposed) Ic- 9 City of Southlake, Texas I C. Appendix 2, Section 8a proposes exempting screening devices comprised of plant materials within bufferyards from the architectural off -set requirements of Ord. 480, Sect. 43.9c 1(f). (P & ZAction & C.C. Action 3123199: Allow as proposed) 2. Required building lines are as fallows: (P & ZAction & C.C. Action 3123199: Allow all as proposed) a. 50' Bldg. Line along Carroll Ave. (per Corridor Overlay Regs.) b. 30' Bldg. Line along other Adjacent R.O.W. C. 15' Bldg. Line along the east line of Lot 1 and the west line of Lot 2. A Zero lot line may be approved by the Planning and Zoning Commission and City Council and requires that the Area and Planting of the 5' Type A bufferyard required within the zero lot line area be placed elsewhere on the site. The applicant proposes a 32' building setback along Carroll Avenue. However, no parking or service drives shall be permitted within the setback in front of a building unless the building is setback 50'. The applicant proposes no setbacks along any other lot line or right-of-way. Please refer to Appendix 2, Section 3.0c. 3. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (P & ZAction & C.C. Action 3123199: Allow as proposed) 4. Lot 1 exceeds the maximum permitted impervious coverage area of 75% (82.46% proposed). In Section 3.Oc of the Appendix 2, the applicant proposes that the entire block not exceed 79% and that no single lot exceed 85%. 5. The following changes are needed with regard to bufferyards and interior landscape area and plantings (Ref. Sheet 3 of 6 Site Landscape Plan and Appendix 2, Sect. 10): (P & ZAction & C.C. Action 3123199: Allow all as proposed) a. Provide the required bufferyards and plantings as indicated on the attached Bufferyard Calculation Chart. The proposed bufferyards are as indicated in the attached chart and in Section I Oa of the Development Regulations (Appendix 2) proposed for this site. b. Provide the required interior landscape area and plantings as indicated in the attached Interior Landscape Calculation Chart. The proposed landscape area and plantings are as indicated in the attached chart and in Section 1 Ob of the Development Regulations (Appendix 2) proposed for this site. JC41 City of Southlake, Texas i 6. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway throat depths for stacking. The following do not comply: 1. The on -street parking near the street intersections does not appear to meet the intent of the stacking depth required by the Driveway Ordinance. However, the Ordinance does not address the calculation of the stacking depth under this circumstance. The applicant proposes that no parking be less than 30' from an intersecting curb line or driveway. a. The exit area of the drop-off drive is approximately 20' from the parking space to the south which does not meet the proposed regulations. All other areas meet or exceed the proposed regulation. * Parking adjacent to the Carroll Ave. on the ingress side of Prospect is approximately 50' from the Carroll Ave R.O.W. and 70' from curb line. The applicant has removed one parking space near the intersection from the previous plan. * Parking adjacent to the Carroll Ave. on the ingress side of Post Ave. is approximately 48' from the Carroll Ave R.O.N. and 67' from curb line. The applicant has removed one parking space near the intersection from the previous plan. 2. Driveway intersecting Post Avenue from Lot 1 (Retail Lot) must be a minimum of 50' measured from the R.O.W. line. The depth provided from the right of way line is approximately 20' and approximately 50' from the street curb. 3. Driveway intersecting Post Avenue from Lot 2 (Post Office Lot) must be a minimum of 75' measured from the R.O.W. line. The depth provided is approximately 47' from the right-of-way and approximately 75' from the street curb. 4. Driveway intersecting Carroll Avenue from Lot 1 (Retail Lot) must be a minimum of 50' measured from the R.O.W. line. The depth provided is approximately 40' from the right-of-way and approximately 60' from the street curb. b. A minimum spacing of 100' is required between the centerline of the mail drop driveway and the west right-of-way line of State Street. The provided spacing is approximately 50' from the right-of-way line and 75' from the curb line. 7. On street parking is not permitted along Prospect Street, Post Avenue and State Street outside of the Southlake Town Square NRPUD zoning district. The applicant proposes on -street parking in these areas under the requested S-P-1 Zoning District at 45° angles. (P & ZAction & C.C. Action 3123199: Allow as proposed) TO City of Southlake, Texas 8. The following additional variations are proposed to the City of Southlake Ordinances. Please refer to Appendices 2 and 3 and the Comparison Charts in Exhibits F and G: (P & ZAction & C.C. Action 3123199: Allow all as proposed) a. Projections into required setbacks and rights -of -way, Appendix 2 Sect. 4.0. b. Off-street loading Appen4ix 2, Sect. 6.0. C. Streets and Site Triangles Appendix 2, Sect. 7.0 d. Accessory Structures Appendix 2, Sect. 9.0 e. Sign Regulations Appendix 3 (See attached Building Department review). 9. Meander the walk along Carroll Avenue. (P & ZAction & C.C. Action 3123199: eliminate the meandering requirement) 10. Correct the discrepancies between the proposed regulations for this site (Appendix 2) and the Comparative Summary (Exhibit F). The attached chart shows the regulations per Appendix 2 in the left column and the regulation as described in the Comparative Summary in the right column. Please be aware that the proposed regulations for this development are as described in Appendix 2. If any differences shown in the Comparative Chart are intended to be incorporated they must be made a part of the Appendix 2 and approved by the City Council. P&ZACTION.• March 23, 1999, Approved (5-0) subject to Site Plan Review Summary No. 1, dated March 12, 1999, amended as noted above with the following additional amendments: requiring the chain linkfence to be black; reconfigure mail drop off to provide better stacking, service and safety; requiring the same zoning restrictions that are in place on their NR-PUD, adding Item #6.a.4 ("Driveway intersecting North Carroll Avenue from Lot 1 must provide a minimum stacking depth of 50'. The provided depth is 40 :'); and recommending that City Council consider Mr. Stebbins'solution for the masonry wall which consists of masonry columns approximately 20' on center with possible wrought iron fence in between each column. STAFF NOTE.- It appears that the applicant has addressed the above recommendations.. COUNCIL ACTION. • March 23, 1999; Approved (6-0) First Reading subject to Site Plan Review Summary No. 1, dated March 12, 1999, and per P&Z's motion of March 23, 1999. it -A City of Southiake, Texas * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Recgrds, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be subnutted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment att: Bufferyard & Landscape Chart, Articulation Evaluation Chart, Bldg. Dept. Sign Reg. Review, Chart showing differences between Appendix 2 and Exhibit F cc: Cooper & Stebbins, LP; Walter P. Moore & Assoc. - VIA FAX L:5SP2.WPD C016 x CCase No.:ZA 99-025 Review No: Two Date of Review: 4/01/99 A Project Name: Site Plan for S-P-1 Zoning - Southlake Town Square, Phase 2 It, LOT 1-SUMMARY CHART - BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence / Screening Location Length Width - Type Trees Trees Height & Material North 1 Required 235' None Provided* ........................................................................................................................................................................................ ` ' Streetsca . .. 4 Q . . .. Q . South 1 Required 346' None s Proed .................... >>><:>:>::>:>>:`?>$°><<;«»'?>at><<< ::.:::::.:::::.:::::.:...:::::::::::::::::::.::::.: .. ::.::.::::.::.::::::.:::::::.::.::.:::::::::::::::::::::::,:::.::.:::::::::.; East Required 500' 5'- A 5 10 40 None Provided* unc , ..:..:::.. tl t.: 4 West Required 461' 20' - O 18 14 65 None Provided* 22' :: 4f > 134 ..:<; South 2 Required 172' Y- A 2 3 14 None Provided* : 4 4 < 4 North 2 Required . 60' 5' A 1 1 5 None Provided* Nrnte ........::i ....:. *Note any credits used in calculations: a b. C. Other Comments: 1. Where parking is provided between the building setback line and public right-of-way, shrubs obtaining a mature height of three feet (3) or greater must be planted at a maximum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. 2. A minimum of 50 % of all canopy trees planted on the site must be 2" in caliper and 50% must be 4" in caliper. This includes plantings in bufferyards as well as interior to the site. LOT 1 SUMMARY CHART - INTERIOR LANDSCAPE Required or Landscape Area % of area in Canopy Trees Accent Trees Shrubs Ground Cover Provided (Square Feet) front or side (Square Feet) Required* 18,573 75% 31 62 310 1857 Provided See Plan &Chart ... ..:: ' . on Sheet 3 of 6 *Note any credits used in calculations: Other Comments: INU LOT2 -SUMMARY CHART - BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence / Screening Location Length Width - Type Trees Trees Height & Material North i Required 225' None Provided* South 1 Required 143' None Provided* _.._............._.............._......_........................_:._.......................... ...................................................................................................................................................................................... ........._......_........................................................... _.._...._. ........................................................................................................................................................................................ ...:..:.:;..: _............._.................. ;..............: tetsre . __.............................................._........................_................._.... ..................._......-........................._ ......................:.......:...:.. ........ _. ,..........._........ ......................... ..........._..........._._.... East Required 500' 10'- B 10 15 50 None Provided* Streetscap 14 Q 0 West Required. 500' 5'- A 5 10 40 None v Provided* ..::;.>: a:::::<::::::>:::>. :::>:::::Nt�tt............. >:>::«:::»i1:...:::<:::::»>::»::>:lt::;:»:..........:;..Q;:...;::::::: ::::...........::-::-; ....;>:<:>;;>:.»;>::::::>: ­LL South 2 Required 172' 5'- A 2 3 14 None Provided* .............. .:.:.::.>: ........:::.::.:; :.::.:; North 2 Required 60' 5'- A 1 1 5 None Provided* u ti *Note any credits used in calculations: a. b. C. Other Comments: 1. Where parking is provided between the building setback line and public right-of-way, shrubs obtaining a mature height ofthree feet (3') or greater must be planted at a maximum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. 2.. A minimum of 50 % of all canopy trees planted on the site must be 2" in caliper and 50% must be 4" in caliper. This includes plantings in bufferyards as well as interior to the site. L:\COMDEV\WP-F1LES\REV\99\99025B2. WPD T-11 City of Southlake, Texas ARTICULATION EVALUATION REVIEW poll, Case No: ZA 99-025 Review No: Two Date of Review: 4/1/99 Elevations for Building 10A Received: 3/30/99 .Nor[n mevanon IWall ht . =1 17 Horizontal articulation IVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 33 -35t Yes 51 33 -35t Yes Min. artic. offse Min. artic. lengt 8 18 125% Yes 8 18 125ti Yes South Elevation wall ht . =1 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? x.. Max. wall length, o Min. artic. offset Min. artic. lengtI 13 18 38! Yes 13 18 38%,Yes East Elevation wall ht . = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 27 -47% Yes 51 27 -47% Yes Min. artic. offset"-'► Min. artic. lengtI L 7 18 157% Yes 7 18 157% Yes West Elevation Wall ht . =1 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 26 -49% Yes 51 26 -49% Yes Min. artic. .offse Min. artic. lengt 7 18 157� Yes 7 18 157� Yes City of Southlake. Texas ARTICULATION EVALUATION REVIEW 0111 Case No: ZA 99-025 Review No: Two Date of Review: 4/1/99 Elevations for Building 10B Received: 3/30/99 North Elevation IWall ht . =I 11 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 33 21 -3691 Yes Win. artic. offset 2 11 450% Yes Min. artic. length 8 60 650% Yes 8 19 138% Yes South Elevation wall ht . = 11 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 8 - 60 650% Yes 33 19 -42% Yes Min. artic. offse Min. artic. lengt 2 11 450% Yes 8 19 138%- Yes East Elevation Wall ht . = 11 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length Min. artic. offse Min. artic. length 3?3 8 v 194 �� 2325% F-. 4 Yes �F _ � ..�u 8 194 2325% s.J46 o Yes West Elevation IWall ht . = 11 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length Min. artic. offse Min. artic. lengt 7 1 16 2 2 Yes 8 24 Yes Yes fc. lq City of Southlake. Texas ARTICULATION EVALUATION REVIEW Case No: ZA 99-025 Review No: Two Date of Review: 4/1/99 n Elevations for Building 10C Received: 3/30/99 North Elevation IWall ht . = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Max. wall length 51 21 559% Yes 51Min. 4;;4 artic. offse Min. artic. lengt 5 8 60% Yes 11 South Elevation IWall ht . = 17 Horizontal articulation lVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 21 -59% Yes 51 42 -18% Yes Min. artic. offset�. Min. artic. lengt 5 8 60% Yes 11 18 64% Yes East Elevation lWall ht . = I 20 I Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 60 31 -48% Yes 60 31 -48% Yes Min. artic. offset t', 3 3 0% Yes Min. artic. length 8 20 150% Yes 8 20 150% Yes West Elevation lWall ht . = 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 60 31 -48% Yes 60 31 -48% Yes Min. artic. offset Min. artic. lengt 8 20 150%-1 Yes 3 3 0%- Yes 8 20 150% Yes T- 1 ' 1 City of Southlake, Texas ARTICULATION EVALUATION REVIEW Case No: ZA 99-025 Review No: Two Date of Review: 4/1/99 Elevations for Building 10D Received: 3/30/99 North Elevation lWall ht . = 17 Horizontal articulation Vertical articulation Requiredi Providedl Delta Okay? Required Provided Delta Okay? Max. wall length Min. artic. offse Min.'artic. length South Elevation wall ht . 17 Horizontal articulation Vertical articulation Required Providedl Delta Okay? Required Provided Delta Okay? Max. wall length 51 48 -61; Yes 51 48 24 -6%- 10016 Yes Yes Min. artic. offse Min. artic. length 8 20 150* Yes 12 East Elevation wall ht . = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length Min. artic. offset Wall not visible Min. artic. length No articulation necessary West Elevation Wall ht . d 17 Horizontal articulation Vertical articulation Required Providedl Delta Okay? Requiredi Provided Delta Okay? Max. wall length Min. artic. offse0! Min. artic. lengt 51 5 18 16 -6516 220% Yes 51 1 15 -711k Yes Yes x�� City of Southlake, Texas ARTICULATION EVALUATION REVIEW ol Case No: ZA 99-025 Review No: Two Date of Review: 4/1/99 Elevations for Post Office Received: 3/30/99 North Elevation lWall ht. = 20 Horizontal articulation I lVertical articulation Requiredl Providedi Delta Okay?l Required Provided Delta Okay? Max. wall length Min, artic. offse 3 3 04 Yes Min. artic. lengt 15 208 1287% Yes 15 57 280% Yes South Elevation lWall ht. = 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 75 19 -75% Yes 75 49 -351; Yes Min. artic. offsetmm Min. artic. length m 5 y. 10 100%. Yes 6 13 117% Yes East Elevation wall ht. = 25 Horizontal articulation Vertical articulation - Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 75 46 -39% Yes 75 42 -44% Yes Min. artic. offse' Min. artic. length 6 14 133% Yes 4 6 50% Yes West Elevation Wall ht. - 20 Horizontal articulation Vertical articulation Requiredl Providedl Delta Okay? Requiredl Provided Delta Okay? Max, wall length Min. artic. offset; Min. artic. lengt 5 146 2820� Yes 5 146 28204 Yes T-72 City of Southlake, Texas Thursday, March 11, 1999 TO: Dennis Killough, Seniop%'lanner FROM: Charles Bloomberg, C. B. O., Plans Examiner SUBJECT: Southlake Town Square Phase 11 request for Conditional Sign Permit As a part of the zoning request for Phase II of Southlake Town Square the developer has included proposed sign regulations. It is essentially a request for a conditional sign permit as was done for Phase I. Section 6 of the sign ordinance allows the City Council to grant a conditional sign permit as follows: SEC. 6 CONDITIONAL SIGN PERM A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 of this ordinance. Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. The application book provided by Town Square is quite thorough in comparing their proposed regulations to the present sign ordinance. Note the four -page table labeled EXHIBIT G. I would offer the following additional comments under the column, "Current (Sign Ordinance 704)": 1. Table should reflect current sign ordinance 704-A. 2. Awning signs are included in the definition of Attached Signs. 3. Blade signs are undefined and therefore prohibited. 4. A Fascia Sign would correspond to an Attached Sign in our ordinance. 5. Roof Signs are prohibited. 6. A Building Identification Sign is also an Attached Sign. 7. Window signs are limited to 15 % of the glass area. 8. Temporary signs on construction barricades are classified as development signs and are therefore limited to one per site and require a permit. 9. Under Non -Conforming Signs, the City Council may authorize variances per section 14. Development Concepts state that they are eliminating the use of neon as a decorative accent, over section 5.0 of the proposed Sign Regulations permits exposed neon lighting to be reviewed on an individual basis. NO A C Development Regulatiogs Comparative Summary Sec. Page Regulation Sec. Page Regulation 4.0.c 2-4 None 4.0.c F-3 Underground footings may project into a right-of-way up to the curb line Canopies and awnings and/or kiosks 4.0.a 2-4 None 4.0.a F-4 may project from building face and may extend to or be located within 8 inches of the curb The loading requirements for multiple tenants that are each 10,000 sq. ft. or 6.0.b.1 2-5 No such regulation 6.0.b.1 F-5 larger may be combined within a single building and treated as a single tenant Loading docks must be screened Loading docks must be screened from view, utilizing either the methods from view from North Carroll Avenue, 8.0.b 2-6 prescribed in Section 43.9.c.2 (c) or 8.0.a F-7 utilizing either the methods buildings or other structures in lieu prescribed in Section 43.9.c.2 (c) or thereof. buildings or other structures in lieu thereof. No buffer yard is required as to 3.0.b.3 No such regulation 3.0.b.3 F-8 interior Southlake Town Square S-P- 1 lots 7.0.c 2-5 No regulation in this section; however 7 0.c F-10 10 foot (10') minimum radius site plan provides for a 30' radius XZ4 Page 1 City of Southiake, Texas Case No. 99-025 Review No. One Dated: 3 - 11 - 99 Number of Pages: 1 Project Name: Block 10, Southlake Town Square, Phase II (Rezoning/Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 03 - 01 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE CONFUENTS: 1. The tree wells located next to the building are not far enough away from the building to have `Athena' Lace Bark Elms in them. Eight feet (8') is not an sufficient distance from a building for such a large canopy tree. This is even more so for buildings with roof awnings or protruding eaves 2. In a prior discussion about landscaping and street trees in Town Square, the applicant agreed to provide Cedar Elms instead of `Athena' Lace Bark Elm along Prospect Street and around the Post Office. TREE PRESERVATION COMMENTS: * See attached Tree Preservation Analysis. RECD MAR 111999 WELDING INSPECTIONS City of Southlake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-025 Date of Review: 3 -11 - 99 Number of Pages: 1 Project Name: Block 10, Southlake Town Square, Phase II (Rezoning/Site Plan) OWNER: Cooper & Stebbins 1721 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Phone: (817) 329-8400 Fax: PREPARED BY: Urban Architecture 7001 Preston Road, Suite 210, LB 12 Dallas, TX 75205 Phone: (972) 522-8494 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR. SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. When I walked the property I did not identify any protected trees or any marginal trees of great significance. IG INSPECTIONS • i I I I 3 911 ILf' 11 101 1li11 !� i1 !pf / I r4 lr,(j��.�i ` hill!'%�� l,t 1tliS 1f�1 gj6 8 •]• :,I illl rj�l;', • !' ill i � It 91 ' 3 • `I d 9 • U Uk S li�lll j�, e 8 ■ -vio as a a aas 5aa �• L/ 1, '� ' Y (1'�1Hill, d(slit tl lj�i��ili, 1l1,lAill! � ga � ' � — a >± - � ------fat•----- __—� \. 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M ,90,1 L(q N 3nN3AV 1-I088VO H.LNON .90.11.00 N � �S7S W ~ Q ~ !� L 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-309 AN ORDINANCE -AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS THE SOUTHERN PORTION OF TRACT 3 SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO.481, AND BEING APPROXIMATELY 7.576 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES INCLUDING A U.S. POST OFFICE AND ASSOCIATED OUTSIDE STORAGE AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of L:\CITYDOMORD\CASFS\4W309. WPD Page 1 r w 0 buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-3" General Commercial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among L: %CIrYDOCS\ORD\CASESWSO-309. W PD Page 2 IC- 0 other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:%CrrYDOCS%ORD\CASFS%480-309. WPD Page 3 1.36 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the southern portion of Tract 3 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 7.576 acres, and more fully and completely described in Exhibit "A" from "C-3" General Commercial District to "S-P-l" _Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present L: \C ITYDOCS\ORD\CAS ES\480-309. W PD Page rx-3L NL conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in ,. those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a (M.." LACITYMMORDTASFSWO.309. M Page 5 q -31 violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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. L %CITYDOCSIORD%CASES%480.309.WPD Page 6 TA (awl PASSED AND APPROVED on the 1st reading the day of , 1999. --t, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. (4w, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L %CITYDOCS%0RD\CASFSWW309. WPD Page 7 N-fi EXHIBIT "A" M8417,1999 13LOCK 10 — SOUTHLAKE TOWN SQU4 LIMITS OF SP-1 ZONING — Being all of proposed LOTS 1 and 2, BLOCK 10, SQUTHLAKE T WN SQUARE ADDITION, and portions of surrounding streets: Post Avenue, s Strfst and Prosped Streets, babes a portion of that certain 70,844 anus in the Richard Eads Sunray, Abstract 481, Southiatice, TwrwA Courtly, Texas, to The Fechtel Group, ATom General Partnership, by deed recorded in V 9811, Page 1Z41, Deed Record$, Tarrant County, Two (Q.R., MCC., Tx), and t*1 0 Moro PWk4 ely dw m'bed by metes and bounds as follows: BEGINNING at a point within proposed North Carroo Avenue ' -0 ,-%W (RAI11), sold point bears EAST 42.00 feet and South 00 degrees 11 min0s na seconds E@* 16.9 m a point on conWiine of North Carroll Averum at Its i from ;Am ptaivious proposed North fine of Prospect $treat (t38' RAM hiving a poste oaor*We value of NORTH 7,029,181.526 and EAST 2,387,624.042; THENCE with a line 42.W feat East of and parallel to canterUns c f North Cauca Avenue, North 00 degrees 11 minutes 06 seconds West 578.85 f Wk to its inlinaOda with North Una of proposed Post Avenue (auW444; THENCE EAST departing proposed Ngrth Caem l Avenue East R W at 8.00 feet and continuing with North line of Post Avenue, In ail 697.11 het to Its ntersediar with the East Tire of proposed State Street; THENCE departing North tine of Post Avenue (OW&16e0 arc! wit proposed East tine of State Street, SOUTH 28a.39 feet to itt intsrseWon With wdslitt I VO Disfr O b=XWY, THENCE with Una* within proposed RNV line of State and Prosp Spaets and common with existing PUD OislAct boundaries, the fC4o*Mg: South 14'dagress 48 minutes 53 swords West 24.61 feat to a point South 29 depress 48 minutes 53 seconds Wet 120.0o fas t to a point: South 00 degrees t t minutes 07 seaortds East 170.36 to a pointy and South 09 degrees 58 minutes 44 seconds Wast 6".87 fbi C to the place of beginning and containing some 7.576 genes of land Compiled surreys and records shad on March 17, R999. REC'D Mi'I � � 1999 L:\CffYDOCS\ORD\CASESX480-309.WPD Page 8 N k A m I 111.111 1101 H h Ji.h. I ith III,,. Illn'll, I of Al".1 11,11 1 101, I'll I'll 1. 1"... Ull In IiPI IITI - m T -:R ni!llm -ALL. I 1�"WO L: lo] I M Yy I-IVXtVDOCSKWD%CASESWS4309.WPD pop 9 Out Ia.'s I 1p. l I Y..d 4 MN Z LQ' _J0.5 I Inne - I.Mo W,z —j. k A 10:4a1:7f1 APPENDIX 2 DEVELOPMENT REGULATIONS In this S-P-1 Site Plan District, the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C-3 Zoning District, including U.S. Post Office and associated outside storage, except as otherwise provided below. b. Non -Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit"): Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. Non mechanical penthouses intended for human occupancy. Mortuaries, funeral homes and undertakers. PEC� MAR 3 01999 2-1 . x0.WPD Page 10 IC•42 EXHIBIT "B" Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C-3 district. In addition, the following accessory uses shall be permitted: • outdoor dining and seating areas • street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this S-P-1 Site Plan District, the following development regulations shall be applicable: a. Building Height: No building shall exceed one (1) story nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section 43.9.C.l.g(i), unless specifically exempted. b. Front, Side and Rear Yards: With the following exception, no front, side or rear yard is required. Notwithstanding the foregoing, buildings along the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback. No service drives or parking shall be permitted within the setback in front of a building as herein provided unless such building is setback a minimum of fifty (50) feet. In no event shall the bufferyard along North Carroll Avenue be less than twenty (20) feet. No bufferyard shall be required between lots or between a building and any public street except at North Carroll Avenue, as noted above. C. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-nine percent (79%) of the total block area; and provided further, that the maximum impervious coverage of any individual lot may not exceed eighty-five percent (85%) of the total lot area. d. Facade Articulation: Design guidelines for vertical and horizontal articulation are set by elevations of the buildings submitted with the S-P-I Site Plan. Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.I (c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along North Carroll Avenue; ii) such projections do not extend over the 22 L%CffTD0CSWMCASF31M4309. W PD Pace 11 ICAS EXHIBIT "B" traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) Ie property owner shall maintain such projections in a safe and non -injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. b. Roof eaves may project up to eighty-four (84) inches beyond the building face or architectural projection. C. Architectural Projections, including bays, towers, and oriels; show windows; below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. d. No portion of an architectural projection described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. 5.0 Off -Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On -street as well as off-street parking shall be permitted within the S-P-1 Site Plan District. b. Required parking shall be located and maintained within three hundred (300) feet of the building served, and may be located anywhere within the S-P-1 Site Plan District and/or in Blocks 2 and 3 and/or streets in the adjacent Southlake Town Square N.R.P.U.D. On -street parking and shared parking anywhere within such area may be counted toward the off-street parking requirement for the S-P-1 Site Plan District. C. Where on -street parking is permitted, angled, as well as parallel parking shall be permitted. Forty-five (45) degree angled parking shall be permitted. However, no on -street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 6.0 ' Off -Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 2-3 L:\CTrYDOCS%ORD\CASFS\I80.309. WPD Page 12 Jl 49 EXHIBIT "B" 10' x 50' large spa6b►► b. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 1. Number of spaces: Office Uses or portion of building devoted to office uses: 0 - 49.999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size: 0 - 9,999 sf 0 spaces 10,000 - 49,999 sf' 1 regular space 50,000 - 99,999 sf" 1 regular space and 1 large space 100,000 sf and up* 2 laze spaces Restaurant Uses with the following Tenant size: 0 - 9,999 sf 0 spaces 10.000 sf and up 1 regular space Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 7.0 Streets and Sight Triangles: Within the S-P-1 Site Plan District, the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with North Carroll Avenue. These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right-of-way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right-of-way line. 2-4 L 309AIM Tate 13 „� /'` N..- L (W EXHIBIT "B" For plantings withfn.twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first brnch along the tree trunk. C. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except that the following requirements shall be followed in lieu of Section 43.9.c.I (e), Section 43.9.c.2(c), Section 43.9.c.2(d) or in lieu of any other section to the contrary: a. Screens comprised of planting materials and located within bufferyards along the boundary of the S-P-1 Site Plan District shall be exempt from the architectural fencing offset requirements of Section 43.9.c. L(e). Loading docks must be screened from view, utilizing either the methods prescribed in Section 43.9.c.2(c) or buildings or other structures in lieu thereof. C. Trash Receptacles may be screened utilizing a combination of E.I.F.S. screen walls, solid gate of wood or metal and landscaping, which, in combination, provide a suitable visual barrier. 9.0 Accessory Structures — Flagpoles in support of the U.S. Post Office may extend up to but shall not exceed a height of thirty-five (35) feet when located at the northwest comer of Prospect Street and State Street. 10.0 Landscaping — Within the S-P-1 Site Plan District, the following landscape standards shall apply: a. Bufferyards — Canopy trees of not less than four (4) inch caliper shall be planted approximately thirty-five (35) feet on center. No accent trees shall be required. b. Interior Landscaping — Interior landscape shall apply in all interior, non- bufferyard areas, including parking lot areas. In street areas, landscaping shall be limited to street trees of not less than three and one-half (3.5) inch caliper in four (4) by eight (8) foot tree wells with associated ground cover. In addition to this arrangement, the service drive areas will be supplemented with two (2) foot by four (4) foot beds with two (2) inch caliper trees and associated ground cover. These will be placed intermittently, as space allows. Calculation of interior landscape shall be computed as a ratio based on linear footage of building based on the formula "ILA=SCLF/TBLF x RILA," where "ILA" is the interior landscape required hereunder; "SCLF" is the streetscape building linear footage; "TBLF" is the total building lineal footage; and "RILA" is the interior landscape z-s 3M.wrn Pale !4 T.cul (aw EXHIBIT "B" area required pursuant to the zoning ordinance. For example, where a 70' x 122' building (total building lineal footage of 384') has 122' lineal feet fronting a street and 262' facing interior areas, the calculation of interior landscape required under these Development Rggulations is 122/262 or 68% of the interior landscape area otherwise required under the zoning ordinance. 26 t. WnTDOCrmmCAsEswW3o9.wPD Page 15 IMI VI City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 99-026 PROJECT: Revised Preliminary Plat - Blocks 10 and 11, Southlake Town Square STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Preliminary Plat for Blocks 10 and 11, Southlake Town Square, on property legally described as being a portion of Tract 3 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 12.6 acres. PURPOSE: Purpose of this preliminary plat is to create lots in order to get a building permit. LOCATION: On the east side of North Carroll Avenue across from Ownby Lane. OWNERS: The Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James Milton Fechtel. APPLICANT: Cooper & Stebbins, L.P. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: March 23, 1999; Approved (5-0) subject to Plat Review Summary No. 1, dated March 19, 1999, accepting Items #8.b (spacing standards for streets intersecting arterials ) and #8.c (change street name) as proposed. COUNCIL ACTION: March 23, 1999; Approved (6-0) to table at the applicant's request to the April 6, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated March 19, 1999, with the exception of those in the attached Plat Review Summary No. 2, dated April 1, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-026PP.WPD COOPER & STEBBINS Cooper do Stebbins, L.P., 1721 East Southlake Blvd.. Suite 100 Southlake, Tens 76092 Telephone (817) 329-8400 Facsimile (817) 251-8717 March 30, 1999 Mr. Dennis Killough City of Southlake 667 North Carroll Southlake, Texas 76092 Re: Revised Preliminary Plat - Lots 1 and 2, Block 10 and Lots 1 and 2, Block 11, Southlake Town Square, Phase 2 - Case No. ZA 99-026 Dear Dennis: Enclosed in support of the Application for Preliminary Plat Revisions to Southlake Town Square Blocks 10 and 11 are seventeen (17) copies of the revised Preliminary Plat, and one (1) 11" x 17" reduction. Revisions have been made as described below (organized in the order raised in Review No. One, dated March 12, 1999): 1. Revisions have been made as requested. 2. Revisions have been made as requested. 3. Revisions have been made as requested. 4. a. Revisions have been made as requested. b. Revisions have been made as requested. c. Revisions have been made as requested. 5. As discussed, no changes were required. 6. Revisions have been made as requested. 7. Revisions have been made as requested. RECJ) MAR 3 01999 'I D-Z 0 0 Q8. a. Revisions have been made as requested. b. The Plat remains as originally submitted, as preliminarily approved by Council. c. The Plat remains as originally submitted, as preliminarily approved by Council. 9. Revisions have been made as requested. Please do not hesitate to contact the undersigned or any of the applicable registered professionals should you have any questions regarding any of the above. Sincerely, COOPER & STEBBINS, L.P. Frank L. Bliss Executive Vice President cc: Brian R. Stebbins Dan Quinto Clay Corbitt (40., Michael Murray Walter P. Moore John Logan (a." ?D-3 S R UX2 Zt 3WI 5 IC R� A R us 3 Q R 41 Q,�� l 41 Ic R S1 72 W R 311� R 3l� R 5H non AC 12 TR Q\ &43 IC TR C, — Fun 3 TH 02 C 4 ml 210 k R 120 Ic e 6n k TR 3W TR uw TI 3IIll TR TR g TR SAu4 d7 IC q 3w Ti 92 R V tR e R R m I ' 9� 0 sae TR.17R lc y� M77 k 11pO w.0 W e R IpE�� ��11pp66 to Ac 1i4n NR AC 3�AC ic t7 '1c 2w AC {W lr I ❑ 11a k R 3A t 3e2 CAQ` TR I 1 34.189 IC 521 k I AC F;j Q`Q� R3A • �'�. R.EA ES T.W R le A-481 sURVE` i TR nn M3 k TR a �✓ �: �� For— TR MU TR 72 AC R 511 TR 5 E ' — IISO nao4 Ac R a m Ac TR x j TR 2A TR TR 3 I 76� AC r- 7R 301 TR 53497 AC RE 22 rl R� R , l "�—i I EMRW _ TR 3C T ❑�� I R 8 �s 9 R 5[:,R De c TR 3r TR 4C TR 7A R SE '� Jli3 R j.k� TR 0 X :SZb I I 147wIeC I I nS aC R 2 I I 4191A" leis AC 5; i �t T�RG ❑ �� \ 14 k 3C1'� at C6m eCr— I TR 3D TR 342 AC� I I i i " �� I'� Li i, 7C W ' I I Yam}• � i �-� 153 Ac TR W. TR Ic7=.� AC j r--- T MI _ - TR TRACT MAPS _ J 409r, TR 4F `— 1288 AC ��+�- ��r•/ f I�T�TI! I I ir� TT 2 I I�fa AC r I � _ CT SOUTHCREST LN 180 2Y _ _ 1 R w 1 K 1„ 1.002 » 2 » :a o-� �1A% 156 ` FIRST j 1�/ FLATIRON INC 3A a a 4 38 221 37 $ 13 41 14 » J. COLE A 3, 6a� 0 Is* lS 16 15 $ 4 d U z ,a +u I a i 28 = 29 H. SPARKS 1 M. BERR , "SF-20A" +y 8 SOUTHVIEW 0 4 ,PHASE II, JV a 122 - 6 3 3 B. PAU 246 177 136 ao au MENDEZ LTD "AG" 3D3 19 AC TR 3.0 AC AC ,m l430 1B .wu ALL1.05 e69 NU*2.6�y3&0Ns /tR 3 .514 AC THE FECHTEL GROUP "NR-PUD" 210 * The Department of Planning has been advised that the actual TR 38 propery owner for Block 5, Lot 1, Southview Addition is Michael 1.0 AC A J. Wright. He has been notified of this case. ADJACENT OWNERS AND ZONING I 1.175 L661 I T OnV 038 i ! 5 J!, j j tzch Ile I J: ca" -I -. �-' . -� i .z 2 t i Y2 ip g5j3 fills IVA; LJ2 I-FF ----- 91117 j Alt ui1 A. : • , _j U 19, "y z I / }. S:� ac ui cr_ It rs;O: CL LU /* a: CL A� C1.4 1'-Aj ----------- ------ Ja 4 i — ------ ---------- LU ----- ------- lot --- ------- ---------- - - ------- ---- Lk j r mm�. ---------------- . .. . .. ............ ...... ...... ......... ... w At (D Sol I M S I . . - - 10, 1 1 1 '0- 1 (D la!j RA..ik i vh -7 D City of Southlake, Texas No: ZA 99-026 Review No: Two Date of Review: 4/1/99 Project Name: Revised Preliminary Plat - Lots 1 and 2. Block 10 and Lots 1 & 2. Block 11. Southlake Town Square. being a proposed revision to Blocks 10 and 11 of the Approved Preliminary Plat of Southlake Town Square being approximately 12 acres out of the Richard Eads Survey Abst. No. 481 APPLICANT: .1 1721 E. SogalegW.., OR W .1` Phone 11 Fax :(817)251-8717 SURVEYOR: Walter P. Moore & Assoc. 3131 Eastside. Second Floor Houston. Texas 77098-191 Phone: (713) 630-7300 Fax : (713) 630-7396 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/30/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. The boundary should include all of the revised block and any adjacent rights -of -way which are proposed for changed. Also, reconfigure the lotting or right-of-way alignment at the intersection of Reserve and State Streets so that there is no "Split Lot" zoning. Please note that a portion of Reserve Street has been dedicated by final plat and may require processing of a plat revision and right-of-way abandonment ordinance. 2. Correct the lotting references and show easements for Southview Addition within 200' the site boundary. 3. Provide building setback lines along adjacent rights -of -way in compliance with approved development regulations for this site. Block 10 shows the setbacks as proposed by the "S-P-l" development regulations. Lot 3, Block 11 should show a 50' building setback per the Corridor Overlay Regulations for the "C-3" district. 4. The following changes are needed regarding Right -of -Way dedications and interior street geometry: a. Section 5.03E of the subdivision ordinance appears to recommend spacing standards for streets intersecting arterials greater than the proposed spacing shown on this plat. It is believed by staff that this requirement was intended to address multiple residential streets accessing arterial and did not contemplate the spacing of blocks in a commercial downtown setting. (P & Z Action 3123199: allow as proposed) b. Change the street name Post Avenue. A similar name already exists. (P & Z Action 3123199: allow as proposed) L:\COMDZV\WP-PILBS\RSV\99\99026PP2.WPD I O I Page 1 City of Southlake, Texas It appears that a portion of this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which may require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and execution of the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 on subsequent Plats to be filed in the County Plat Records. * After approval of a final plat for this development, a Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider_ streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Denotes Informational Comment cc: Cooper & Stebbins, LP Walter P. Moore & Assoc. L:\COMZV\NP-PILU\RBV\99\99026PP2."D -7 Page 2 I"i h III 11; ,11 a ! rn 06 g City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 99-19, a resolution authorizing the issuance of "Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1999"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing and effective date. Action Requested: City Council consideration of Resolution No. 99-19 that approves SPDC's resolution to issues sales tax revenue bonds Background Information: In order to issue SPDC revenue bonds, the SPDC Board must approve a resolution that sets a public hearing date to discuss the projects to be funded by the bonds. The projects are those approved for Fiscal Year 1998-99 by the Board in the Capital Projects Plan adopted in October 1998. The amount of sales tax revenue bonds that can be issued is dependent on the amount of sales tax collected during twelve of the past eighteen months. First Southwest Company serves as SPDC's financial advisor, and as such will solicit competitive bids from underwriters, and recommend to the SPDC the lowest net interest rate bid. Approval of this resolution is the first step in the process to issue sales tax revenue bonds. The SPDC Board will hold a public hearing on the specific projects at a special meeting Tuesday, April 6, 1999 prior to the regular City Council meeting. Also at that meeting, the SPDC Board will consider a resolution to approve the issuance of the $4.655 million 1999 sales tax revenue bonds. The SPDC President will sign a bond purchase agreement with the low bidder. In order for the sales tax revenue bonds to be issued, the City Council must consider a resolution that approves the SPDC's resolution to issue the bonds. This is required under Section 4B of the Development Corporation Act of 1979. Resolution No, 99-19 also includes a Financing/Use Agreement with the SPDC, in which the Board authorizes the City to construct projects and to invest and disburse funds. 'I E_ 1 Curtis E. Hawk SPDC Resolution No. 99-01 April 1, 1999 page 2 Financial Considerations: The sales tax revenue bonds will be repaid on an annual basis by the SPDC sales tax. The debt service amount is submitted as part of the budget process to the SPDC Board each year. The bonds are issued with a twenty-five year maturity, at a level dollar debt service amount annually. Citizen Input/ Board Review: The SPDC Capital Projects Budget that was approved in October 1998 underwent extensive review by the SPDC Board of Directors and the Park Board. Legal Review: The City bond attorney, Ed Esquivel, with Fulbright and Jaworski, prepared the resolution and the legal documents associated with the bond issuance. Alternatives: One alternative to issuing SPDC sales tax revenue bonds for projects is to have a pay-as-you-go method to fund projects, using annual sales tax revenue collected. Supporting Documents: Resolution No. 99-19 Staff Recommendation: Approval of Resolution No. 99-19 by the City Council. Approved for Submittal to City Council: Av/_ i anager's Office RESOLUTION NO.99-19 A RESOLUTION by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1999"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. WHEREAS, Southlake Parks Development Corporation (the "Issuer') was created by the City of Southlake, Texas (the "City"), pursuant to the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, the Issuer is empowered to issue bonds for the purpose of defraying the cost of any "project" defined as such by the Act; and WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements found by the Board of Directors of the Issuer to be required or suitable for use for sports and entertainment and public park purposes or promote or develop new and expanded business enterprises; and WHEREAS, the Issuer has determined to finance on behalf of the City the costs of purchasing land and making improvements thereto for neighborhood parks and making additional improvements to existing park land, including related road and streets improvements that enhance such park facilities (the "Project"); and WHEREAS, Section 25(f) of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1: The Resolution authorizing the issuance of "Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1999", adopted by the Issuer (the "Issuer Resolution") on April 6, 1999 and submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to (i) refund certain outstanding bonds of the Issuer and (ii) finance the construction of the Project, which will be located within the City of Southlake and the City agrees that upon receipt of the proceeds of sale of the Bonds from the Issuer, the City will construct the Project and thereafter be fully responsible for the upkeep, maintenance and use of the Project. Section 2: The approvals herein given are in accordance with Section 25(f) of the Act and the Issuers bylaws, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section (W 764608.1 ,-A z--- 413 of th&Act) or any other revenues of the Issuer, the City, or the State, except those revenues (W assigned and pledged by the Issuer Resolution. Section 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. Section 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of this resolution for all purposes, with respect to the obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance and the Mayor and the City Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, individually or jointly, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to cant' out the intent and purposes of this Resolution. Section 5: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103(a) of the Code (as defined below) and a portion of the proceeds of sale of such Bonds are to be deposited with the City following their receipt by the Issuer and the City shall have full control and responsibility with respect to the construction of the Project and the investment and disbursement of the proceeds of sale of the Bonds issued to finance the Project. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Issuer. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date' has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. (600, 764608.1 2— (ow, "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to cant' out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary orfinal Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to (400" 764608.1 3- ,-� r--- 5 be financed or refinanced directly or indirectly with such Gross Proceeds, other (W than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of (400, the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder. (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. 764608.1 4— (3) As additional consideration for the purchase of the Bonds by the (*Mwl Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Issuer for payment to the United States the amount described in paragraph (3) above and the amount described in paragraph (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (2), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including the amount remitted to the Issuer for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. Section 6: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. Section 7: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this April 6, 1999. ATTEST: City Secretary (City Seal) CITY OF SOUTHLAKE, TEXAS Mayor (aw 764608.1 5— EXHIBIT A FINANCINGIUSE AGREEMENT This Financing/Use Agreement (this "Agreement) is made to be effective as of the r day of April, 1999, by and between the City of Southlake, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the Southlake Parks Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Civ. St., Section 4B of Article 5190.6, (the "Corporation") RECITALS WHEREAS, the Corporation on behalf of the City is to finance the purchase of land and making improvements thereto for neighborhood parks and making additional improvements to existing park land, including related road and streets improvements that enhance such park facilities (collectively, the "Project"); and WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $4,655,000, and the proceeds of sale are to be used by the City to design and construct the Project; and WHEREAS, the City will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; (W AGREEMENT 1. Financing of Project: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue a series of obligations to be known as "Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1999", hereinafter called the "Bonds", and deposit proceeds of sale of the Bonds (less amounts to pay costs of issuance, municipal bond insurance premium, surety bond insurance premium, and accrued interest) to the credit of a construction fund or account designated by the City, and the City hereby agrees and covenants that the proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 2. Use of Proiect. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 3. Recognition of Tax Exempt Financing. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103(a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this Section, the following terms have the following meanings: Cl 764609.1 "Closing Date" means the date on which the Bonds are first authenticated (410, and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to cant' out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. (awl Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bonde exemption law to the effect that failure to comply with such covenant will not adversely affect th from federal income tax of the interest on any Bond, the City shall comply with each the specific covenants in this Section. 764609.1 XHIBIT A (c) No Private Use or Private Payments. Except as permitted by section 141 of the ce Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For (4w, purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (W 764609.1 -3- EXH181A (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section ce 148(f) of the Code and the Regulations and rulings thereunder. (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all otherfunds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the use of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United States the amount described in paragraph (g)(2) above and the amount described in paragraph (g)(4) below, at the times, in the manner and accompanied by such (W forms or other information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (g)(2), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including the amount remitted to the Corporation for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. 4. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund". 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or (400., 764 609.1 -4- H l in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Agreement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 7. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 8. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 9. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 10. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. SOUTHLAKE PARKS DEVELOPMENT CORPORATION ATTEST: Secretary, Board of Directors (Corporation Seal) ATTEST: City Secretary (City Seal) President, Board of Directors CITY OF SOUTHLAKE, TEXAS Mayor 764609.1 _5_ EXHIti"I A City of Southlake, Texas MEMORANDUM March 31, 1999 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 739; 2nd reading, Authorizing issuance of "City of Southlake, Texas Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999, and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates. Action Requested: Approval of Ordinance No. 739 on 2nd reading to issue certificates of obligation for capital improvement projects. A Public Hearing is required. Background Information: The FY1998-99 budget includes a capital projects component that provides cost estimates and projected timing of water, sewer, roadway, drainage and building improvement/construction projects. Estimated project costs for FY1998-99 are $16,647,593. Attached is a three -page summary of the projects to be funded. Resolution No. 99-04 was approved by the Council on February 16, 1999. This authorized the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, with the 1st and 2nd readings scheduled for March 23 and April 6, respectively. A public hearing on issuing the certificates is scheduled for April 6. The City would receive funding in May. The City is issuing certificates of obligation for these projects because the projects are more than the City can fund in one year from current revenues or other sources of funds. There are a number of large water and sewer infrastructure projects in the budget that will provide and improve service throughout the City. The budget also includes improvements to neighborhood street, drainage, and continuation of the neighborhood sewer program. Financial Considerations: Part of the certificates, $7,599,918, is for street and drainage improvements, and to purchase system -wide computer equipment and software to address year 2000 issues. This will be repaid through the City's ad valorem tax rate. These certificates will not affect the FY1998- 99 $.422 tax rate,: and it is the City's intent to maintain the tax rate at the same level in the future within the planning parameters of the multi -year 7lC Curtis E. Hawk Ordinance No. 739 March 31, 1999 (moo, page 2 financial plan. The portion attributable to the drainage improvements, $959,559, may be repaid with revenues from the proposed Southlake Drainage Utility System rather than property taxes. The proposed System was presented to the Council for consideration at the February 23, 1999 Special City Council Meeting. Approximately $7,009,455 is for projects that are part of the City's Impact Fee Study, and the annual debt service for this portion of the certificates will be repaid through collected impact fees. There is $2,038,220 in water and sewer neighborhood projects, which will be repaid through the City's Utility Fund. The remainder, $382,407, will be used for issuance costs as necessary, including accrued interest, 1 % underwriter's discount, and bond insurance premium, with any excess remaining after all costs have been paid to be allocated to the projects. Citizen Input/ Board Review: A Public Hearing is scheduled for April 6 with the second reading of the ordinance to issue the certificates. (JhW Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Ordinance. Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Fiscal Year 1998-99 Capital Projects listing Ordinance No. 739 Staff Recommendation: Approval of Ordinance No. 739, 2nd reading, authorizing the issuance of $17.03 million Certificates of Obligation, Series 1999. Approved for Submittal to City Council: Q.,J Manager' e 7F,A c p W F- w p (n Z p w (n Z w Q w W J i w C9 Q C9 g Q = g CO z Q a. O Z Y Co Z m F- QmQ WF- p� Qm W Z 2N—a,zpcnOWP W U w F-� J Ow a. w O z0�0 W LL W mw F- a cn W W J a Z Z a Q a Z W U p N W 0 m 0 a w. 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J Z000 J �Z Z Zc<wK_ja0 0 p-jz ��vJ ►a- zaaM �� �a�azwF -L a== wC) Y - U.(n i�c=i� �OC9 ov>v�¢>2 r N M 0 I- h 0 I- 0 0 00 00 N 00 M 00 co �A Ln t0 00 f� CO O OD O 00 O O r O N Q) M O d' O to O f0 O !� O O O O O OO r p 0 0 r 0 r 0 r 0 r Am co 0 N Q 7 ORDINANCE NO. 731 (40.1 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $17,030,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including land and rights -of -way acquisition, incidental drainage and traffic signalization, (iii) drainage improvements, including the purchase of land and rights -of -way, and (iv) improvements and repairs to the City's storage and administrative facilities for the public works department, (b) the purchase of technology equipment and software for city facilities and departments and for the purchase of water and sewer utility lines, and (c) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper C 1 hereby found and determined to be of general circulation in the City of Southlake, Texas, on _ 1999 and , 1999, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and 11, 0301000 WHEREAS, the Council hereby finds and determines $45,855,98e-in principal amount of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAIND BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: I -, 030, 000 SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the C' shall be and are hereby authorized to be issued in the aggregate principal amount of , to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999" (hereinafter referred to as the "Certificates"), for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, (ii) street 761630.1 improvements, including land and rights -of -way acquisition, incidental drainage and traffic signalization, (iii) drainage improvements, including the purchase of land and rights -of -way, and (iv) improvements and repairs to the City's storage and administrative facilities for the public works department, (b) the purchase of technology equipment and software for city facilities and departments and for the purchase of water and sewer utility lines, and (c) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations -Stated Maturities -Date. The Certificates are issuable in fully registered form only; shall be dated April 15, 1999 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2000 $ ,000 % 2001 ,000 % 2002 1000 % 2003 ,000 % 2004 1000 % 2005 ,000 2006 1000 % 2007 1000 % 2008 1000 % 2009 7000 % 2010 ,000 % 2011 1000 % 2012 ,000 % 2013 3000 % 2014 ,000 % 2015 ,000 % 2016 ,000 % 2017 1000 % 2018 ,000 % 2019 , 000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2000. 761630.1 -2- 7F-7 SECTION 3: Terms of Payment -Paving Agent/Registrar. The principal of, premium, if (40.1 any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled (W., 761630.1 -3- 71---8 payment date of the past due interest (which shall be 15 days after the Special Record Date) Ce shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2009 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state thatthe Certificates, orthe portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has (400, 761630.1 -4- 7F-9 been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates -Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term (awl 761630.1 -5- f7f`-(0 "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for (mow, which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book -Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of 'Book -Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement'). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or (owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and W DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book -entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are orwere the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect (W 761630.1 -6- to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $15,355,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized (aw", denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of PublicAccounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. 761630.1 -7- 7F=/Z The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or (40" engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED NO. Certificate Date: April 15, 1999 Registered Owner: REGISTERED UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1999 Interest Rate: Stated Maturity: CUSIP NO: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner (60.1 761630.1 -$- ? f -13 recorded in the Security Register or by such other method, acceptable to the Paying (40.1 Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $15,355,000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including land and rights -of -way acquisition, incidental drainage and traffic signalization, (iii) drainage improvements, including the purchase of land and rights -of -way, and (iv) improvements and repairs to the City's storage and administrative facilities for the public works department, (b) the purchase of technology equipment and software for city facilities and departments and for the purchase of water and sewer utility lines, and (c) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates maturing on and after February 15, 2009, maybe redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and afterthe redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in (W 761630.1 -9- whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such CeCertificate to an assignee of the registered owner within 45 days of the redemption date therefor, provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System"), such pledge being limited to an amount not in excess of $500 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. 761630.1 -1 0- 7F- �s In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. (W IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. COUNTERSIGNED: City Secretary (SEAL) CITY OF SOUTHLAKE, TEXAS Mayor 761630.1 -11- 7F--1h C. *Form of Registration Certificate of Comptroller (we of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within -mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature (W 761630.1 -1 `L- ?F-l7 E. Form of Assignment. C, ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate of and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: YEAR 761630.1 PRINCIPAL INSTALLMENTS INTEREST RATE (Information to be inserted from schedule in Section 2 hereof). -13- 7 F-1 F (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the ceunpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2000. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar'), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register' maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $15,355,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book -entry form. (W 761630.1 -14- 7F-15 (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations payable solely from the revenues of the System and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. 0) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates forwhich payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. 0) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited (W 761630.1 -15- 7r= ao Pledge) Revenue Certificates of Obligation, Series 1990", dated August 1, 1990, (6w, issued in the original principal amount of $1,100,000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated May 1, 1992, issued in the original principal amount of $1,300,000, (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994, originally issued in the principal amount of $4,350,000, (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996", dated February 15, 1996, originally issued in the principal amount of $2,380,000, (5) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997", dated February 15, 1997, originally issued in the principal amount of $9,670,000 and (6) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998", dated May 15, 1998, originally issued in the principal amount of $13,910,000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A", dated October 1, 1992, and originally issued in the aggregate principal amount of $1,300,000, and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water -carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1999 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be 761630.1 -16- transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of "bond proceeds'; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $500 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $500 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment 761630.1 -17- 7F a a of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq., V.A.T.C.S. and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. 761630.1 _ig_ ?F -a3 SECTION 17: Issuance of Prior Lien Obligations/Additional Parity Obligations. The City (W hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and secured in such manner as the City Council may determine. Additionally, the City reserves the right without any limitations or restrictions to issue additional obligations payable (in whole or in part) from and secured by lien on and pledge of the Net Revenues of the System of equal rank and dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued Certificates and the Certificates. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. SECTION 19: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. (awe 761630.1 -19- SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed fora period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys, were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In (we 761630.1 _20- 7$C-9s addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22: Covenants to Maintain Tax -Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to cant' out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. (W 761630.1 -21- 71c- CA( ;0 "Yle/d"of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the. use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or (W 761630.1 -22_ ?r-a7 improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (4hw 761630.1 (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in -23- �� - a8 the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. 0) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sale of Certificates - Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated April 6, 1999, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to 761630.1 -24- 7ir- ay the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated April 6, 1999, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 25: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, togetherwith the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders -Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the (we 761630.1 -25- 7F-3c sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. (awl 761630.1 _26_ ?r- 3 l SECTION 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR' means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City (W 761630.1 _27_ ti otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, andAmendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly (400, 761630.1 -28- 2�c-33 y k r provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULTON ITS PART, OFANYCOVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. 761630.1 -29- SECTION 38: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, March 23, 1999. PASSED ON SECOND READING AND ADOPTED, this April 6, 1999. ATTEST: City Secretary (City Seal) A CITY OF SOUTHLAKE, TEXAS Mayor APPROVED AS TO LEGALITY: City Attorney (awl 761630.1 _30_ 7F- 3s.- Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. 761630.1 7i 3(,o ON City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 740, 2nd Reading, Authorizing the Issuance of "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999 - TO TABLE TO APRIL 20, 1999 Action Requested: Tabling of Ordinance No. 740, to issue certificates of obligation for the first phase of the Town Hall project within the Tax Increment Reinvestment Zone. Background Information: The agreement for architectural services and construction management services for the Town Hall project were recently approved by the City Council. The total for both of these agreements is $2.7 million ($1.2 million for the architectural services, $390,000 for the construction management fee and $1.11 million for the general conditions fee for construction management). An additional $800,000 is included for infrastructure and to provide funding to initiate the phased construction of the project. The par amount of the certificates is proposed at $3.61 million, of which $110,000 is for accrued interest, issuance costs, underwriter's discount and bond insurance premium. The Council approved Resolution No. 99-08 on February 16, 1999 establishing a maximum dollar amount for the certificates at $3.61 million. The certificates are issued and approved by the adoption of an ordinance, with the 1st and 2nd readings scheduled for March 23 and April 6, respectively. The City would receive funding in May. Since approval on first reading, Ed Esquivel, Bond Counsel, has raised an issue which will require clarification by the Texas Attorney General. He is seeking clarification regarding the impact of the inclusion of school projects in the project plan. Essentially, Mr. Esquivel is looking for "pre - approval" from the Attorney General prior to the sale of the certificates of obligation. By tabling this item, we will have the benefit of this "pre - approval" prior to second reading of the ordinance. Necessary adjustments can thus be made before final adoption of this ordinance. Handling the ordinance otherwise would risk our having to start the process all over again. Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup c Curtis E. Hawk Ordinance No. 740 Page 2 of 2 (40., pledge of the City's property tax. The repayment of the certificates will be structured such that interest only would be paid for the first few years, minimizing the initial outlays required. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, and junior college district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. NJ Citizen Input/ Board Review: A Public Hearing will be scheduled with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such, has prepared the Ordinance. As mentioned previously, he is seeking clarification with the Attorney General regarding school projects being included in the project plan. Alternatives: None available other than pay-as-you-go within the Tax Increment Reinvestment Zone. Supporting Documents: 1999 Capital Improvement Program Schedule of Events Ordinance No. 740 Staff Recommendation: Table Ordinance No. 740, 2nd reading, issuing combination Tax, and Tax Increment Certificates of Obligation, Series 1999 to April 20, 1999. Approved for Submittal to City Council: FG-z ORDINANCE NO. M AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $3,610,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on , 1999 and , 1999, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and ,. WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $3,610,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999" (hereinafter referred to as the "Certificates"), for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. (ow, 761632.1 ?Ca 3 SECTION 2: Fully Registered Oblioations - Authorized Denominations -Stated Maturities -Date. The Certificates are issuable in fully registered form only; shall be dated April 15, 1999 (the "Certificate Date') and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate s 2006 $185, 000 % 2007 195,000 % 2008 205,000 % 2009 215,000 % 2010 225,000 % 2011 235,000 % 2012 245,000 % 2013 260,000 % 2014 270,000 % 2015 285,000 % 2016 300,000 % 2017 315,000 % 2018 330,000 % 2019 345,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2000. SECTION 3: Terms of Payment -Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in 761632.1 -2- 76 -4 connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2009 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem (M." 761632.1 -3- 7G -s Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of (6. redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the goveming body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, orthe portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates -Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 761632.1 -Q- r 76 -4 Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION & Book -Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book -Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company ,(DTC), 761632.1 -5- a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book -entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $3,610,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered certificates, being one certificate for each year 761632.1 -6- 764 of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)') and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. (w, 761632.1 -7- 7U-i B. Form of Certificates. REGISTERED NO. UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 1999 Certificate Date: Interest Rate April 15, 1999 Registered Owner: Principal Amount: REGISTERED Stated Maturity: CUSIP NO: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register' maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United 761632.1 -8- States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $3,610,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates maturing on and after February 15, 2009, maybe redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered ownerwithin 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and pledge of certain Tax Increment Revenues (as defined in the 761632.1 -9- Ordinance) of Reinvestment Zone Number One, City of Southlake, Texas (the "Zone'), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Tax Increment Revenues of the Zone securing the payment of Prior Lien Obligations (identified and defined in the Ordinance) hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Tax Increment Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Tax Increment Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. (400, 761632.1 -1 0- It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) 761632.1 -11- 1(4-(3 C. *Form of Reoistration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within -mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: 761632.1 CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar a Authorized Signature -12- U-4 E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number. ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings Interest Rate and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: YEAR 761632.1 PRINCIPAL INSTALLMENTS INTEREST RATE (Information to be inserted from schedule in Section 2 hereof). -13- (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2000. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register' maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Tax Increment Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Additional Obligations" shall mean tax and revenue obligations hereafter issued which by their terms are payable from ad valorem taxes and additionally payable from and secured by a parity lien on and pledge of the Tax Increment Revenues of the Zone of equal rank and dignity with the lien and pledge securing the payment of the Certificates. (b) The term "Certificates" shall mean the $3,610,000 "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999" authorized by this Ordinance. (c) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (d) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (e) The term "Fiscal Year' shall mean the twelve month financial accounting period used by the City which may be any twelve consecutive month period established by the City. 761632.1 -1 Q- WA-1b (f) The term "Government Securities" shall mean direct obligations of Le the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book -entry form. (g) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. (h) The term "Prior Lien Obligations" shall mean all bonds or other similar obligations hereafter issued payable from and secured by a lien on and pledge of the Tax Increment Revenues of the Zone superior to the lien on and pledge of the Tax Increment Revenues of the Zone securing the Certificates. (i) The term "Tax Increment Revenues" shall mean all amounts deposited in the tax increment fund for the Zone created pursuant to Chapter 311 of the Texas Tax Code and by an ordinance adopted by the City Council of the City on September 23, 1997 as amended on December 2, 1997. 0) The term "Zone" shall mean Reinvestment Zone NumberOne, City of Southlake, Texas, heretofore created pursuant to Chapter 311 of the Texas Tax Code and by an ordinance adopted by the City Council of the City on September 23, 1997 as amended on December 2, 1997. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1999 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be 761632.1 -15- transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of "bond proceeds'; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: 761632.1 (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Tax Increment Revenues of the Zone appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Tax Increment Revenues of the Zone, appropriated and to be set aside for the payment of the Debt Service Requirements on the -16- U:1 r19 Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. It is the intent of this Section 12 that the Certificates will be paid first from Tax Increment Revenues and from ad valorem taxes only to the extent Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements. SECTION 13: Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Tax Increment Revenues of the Zone to the payment and security of Prior Lien Obligations, the Tax Increment Revenues of the Zone, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Certificates, and Additional Obligations, if issued, and the pledge of Tax Increment Revenues of the Zone herein made for the payment of the Certificates shall constitute a lien on the Tax Increment Revenues of the Zone in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the pledged Tax Increment Revenues of the Zone, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal payments then due and payable on the Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal monthly installments on or before the last day of each month beginning on or before the last day of the month following the date of delivery of the Certificates to the initial purchaser. The monthly deposits to the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to pay the principal of and interest on the Certificates to maturity. Accrued interest received from the purchasers of the Certificates deposited to the Certificate Fund and ad valorem taxes levied, collected and deposited in the Certificate Fund for and on behalf of the Certificates may be taken into consideration and reduce the amount of the monthly deposits otherwise required to be deposited in the Certificate Fund (W 761632.1 -1 %- from the Tax Increment Revenues of the Zone. In addition, any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract) shall be deposited in the Certificate Fund, which amount shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes and the Tax Increment Revenues of the Zone. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Tax Increment Revenues of the Zone to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Chapter 311, Texas Tax Code, and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Certificates, the Tax Increment Revenues of the Zone have not in any manner been pledged to the payment of any debt or obligation of the City or of the Zone. SECTION 17: Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Tax Increment Revenues upon such terms and conditions as the City Council may determine. Additionally, the City reserves the right to issue obligations payable, in whole or in part, from the Tax Increment Revenues of the Zone and, to the extent provided, secured by a lien on and pledge of the Tax Increment Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the Zone, and the administering and application of revenues derived from the Zone, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. (awl 761632.1 -1 g- I(i-7.0 SECTION 19: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Tax Increment Revenues of the Zone (to the extent such pledge of Tax Increment Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Govemment Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and. interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Govemment Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as 761632.1 -19- %-7.1 "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22: Covenants to Maintain Tax -Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. 761632.1 -20_ 76-ZZ "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: 761632.1 (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, -21- U- -1.$ constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be 'loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. i (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: 761632.1 (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and -22- apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in orderto induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have 761632.1 -23- ►1Ca.- 2S resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. Q) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sale of Certificates - Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated April 6, 1999, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated April 6, 1999, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 25: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including 761632.1 -24- 1C1"?+1O the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders -Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust 761632.1 -25- 761- -2-'1 Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMS/R' means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. 761632.1 -26- (4 7.$ 0 "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; (W 761632.1 -`Z%- q(a •711 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into 761632.1 -28- account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter551, as amended. SECTION 38: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, March 23, 1999. PASSED ON SECOND READING AND ADOPTED, this April 6, 1999. ATTEST: City Secretary (City Seal) 761632.1 CITY OF SOUTHLAKE, TEXAS Mayor APPROVED AS TO LEGALITY: City Attorney -29- Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. (410,- 761632.1 7& -- 3 Z City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution No. 99-21, A resolution declaring expectation to reimburse expenditures with proceeds of future debt. Action Requested: Approval of Resolution No. 99-21, A resolution declaring expectation to reimburse expenditures with proceeds of future debt. Background Information: The City of Southlake plans to issue certificates of obligation with a proposed par amount of $3.61 million for the first phase of the Town Hall project within the Tax Increment Reinvestment Zone. The C.O.s will be used to fund architectural and construction management services for the Town Hall project and, perhaps, infrastructure and/or start up construction funding for the Town Hall. City Council approved the first reading of Ordinance No. 740 on March 23, 1999. While second reading had been scheduled for April 6, Bond Counsel recommended its tabling, pending clarification from the Attorney General regarding the TIF project plan. To ensure that no delays are experienced with the Town Hall, staff was advised to place Resolution 99-21 on Council's agenda. This resolution provides for reimbursement with proceeds of the C.O.s to the city for costs incurred for the Town Hall, prior to receipt of bond funds. Financial Considerations: There will be no additional costs as a result of this action. Citizen Input/ Board Review: Not subject to Board review. Legal Review: The resolution was prepared by Ed Esquivel with Fulbright and Jaworski, bond counsel for the City of Southlake. Alternatives: The only alternative would be to delay expenditures for the Town Hall until the bond sale is completed. Supporting Documents: Resolution 99-21 Staff Recommendation: City Council approval of Resolution 99-21. Curtis E. Hawk Resolution 99-21 Doge 2 of 2 C Approved for Submittal to City Council: City MankgeLstO face A �� a City of Southlake, Texas RESOLUTION NO. 99-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. WHEREAS, the City of Southlake, Texas (the "Issuer") intends to issue debt for the construction of public works in Reinvestment Zone Number One, to wit: designing, acquiring, constructing, and equipping a new city hall, including related site improvements and landscaping (the "Projects") and further intends to make certain capital and related expenditures for the Projects and currently desires and expects to reimburse such capital and related expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: That the Issuer reasonably expects to reimburse capital and related expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $3,610,000. PASSED AND APPROVED ON THIS DAY OF , 1999. Iry61*14 Sandra L. LeGrand City Secretary %1AWD-FlLES\RE50LL'TT.99-21 fu dcbcdwkb Mayor Rick Stacy City of Southlake, Texas STAFF REPORT r April 1, 1999 CASE NO: ZA 98-161 PROJ15CT: Ordinance No. 480-307 / First Reading / Rezoning and Site Plan - Primrose School STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 1.8 acres. A Site Plan for Primrose School will be considered with this request. PURPOSE: Rezoning and Site Plan approval required for new development. LOCATION: On the northwest corner of the intersection of Davis Boulevard (F.M. 1938) and Union Church Road. OWNER: Ronnie M. Woods APPLICANTS: Frank and Nancy Cangelosi CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S-P-l" Detailed Site Plan District with "C-2" Local Retail Commercial District uses to include a private kindergarten LAND USE CATEGORY: Retail Commercial and 100 Year Flood Plain NO. NOTICES SENT: Seven (7) RESPONSES: None P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved (5-0) at the applicant's request to table and to continue the Public Hearing to the January 21, 1999, Planning and Zoning Commission meeting and requesting it to be placed as high on that agenda as possible. City of Southlake, Texas January 21, 1999; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the March 4, 1999, Planning and Zoning Commission meeting. t March 4,1999; Approved (6-0) subject to Site Plan Review Summary No. 2, dated February 26, 1999, accepting Item #2 (play structures) as shown; accepting Item #3 as shown with respect to horizontal articulation only; accepting #Item 4.b (fencing along west property line); accepting Item #4.c and removing two (2) parking spaces in the southeast corner and increasing the interior landscaping to at least 360 s.f. to make up the amount of encroached bufferyard; accepting Item #5 in its entirety, but instructing the applicant and a City representative to make a good faith effort to meet with a church official to see if an agreement can be reached regarding a common access easement, and if that is not possible, then requiring Item #5.b be extended to 12' X 250% and restricting the requested zoning to "S- P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses limited to a private kindergarten, day care, and "0-1" Office District uses. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated January 11, 1999, and Site Plan Review Summary No. 2, dated February 26, 1999, with the exception of those listed in Site Plan Review Summary No. 3, dated April 1, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-161ZS.WPD 8 A -2- .O1Z (/C.I1 5kr% A Y ,IFF 4 5A 0 1 T.2S ? 13 c2 55 58 4 TR 6C4 4.81 AC TR 6F1 do 6F1A 6.071 O 14 15 1u 21 t TR 2A2 .,.•• •••. ifif 5.0 ACT3fiOV AC 3 22 AFA Y 1 ; I TR 1 BY. I .98 AC - 2 DR MICHAEL iiRTR 1 � 1 I .5861AC I RE5 2A AC 1 , 1 I TR 184 TR 6C2 6C2 TR 6C 1 A A 1 A 1.03 AC TR 2.0 O 2,0 AC .45 AC M 1 P To H. WHITE I1� 2 1 � 1 TR 6C 3.87 AC g 11C_311 "AG" M. FARMER LLEN 1 °..°� g MIRAGE s,s i I CARWASH LTD. "AG" TR 6F2 2.0 AC 1 NORTHEAST BAPTIST CHURCH 1 I R. WOODS "AG 1' 1 1 TR 181 TR 1 2.0 AC 2.7( R. WOODS I 1 � "AG" 1 'I s 1p 117 1 �0 oZ ° U JJB t uj U w V 1 I ENTERPISES J 0_ J I w I INC. cn ` g2 ,p 12 a 1.4 $ cr I $ m W 1 z i .. 15w CO TR 1Ab A 1 i ADJACENT OWNERS lG AND ZONING ' 1 TR W TR 5 7R SB 8 �(/ TR 2 I� 1 6 AC 1.39 AC .38 AC 120.109 11 0 NJ Fcbruaty 21, 1999 Jason C'launch The Maketis Company 2300 Airport Frwy. Suite 230 Sedfi,rd, TX 76022 Dear .lason, NORTHEAST BAPTIST CHURCH 1000 DAVIS BLVD. SOUTHLAAE, TX 745002 JERRY SUMMY, PASTOR 8 1 7 43 1 -2P.AG In lcok-ing 4t your• proposal of sharing a d[•ivcway witli Prinvose, we have derc[lliincd that it would not be bCricficial to us in that wc would loosc too many parking spuees. Also, with th;. pon:.ibiliry that we will sell thui property in the near future, wc did not want to create an issu:, that mad; [lot he su[talll. %vidi Elie nc?r landowlier. We do desire to be good neighbors xith Primrose. I'm sorry that we could not uecornmothite your rccd's. Sln:.crcly �'OLl:S. ktt* 1 jWoot SA -S rrl%tw-UT 22110) ;Ve ,a & t:tac%tte;Z 7iaa jA&,rr-a row February 22, 1999 Mr. Frank Cangelosi Primrose School 155 S. Kimball Ave. Southlake, TX 76092 Dear Mr. Cangelosi: You recently contacted me with questions about driveways into a site that you are working on at the northwest corner of Davis Boulevard (FM 1938) and Union Church Road, County Road 3099. The questions concerned the locations and numbers of driveways with respect to this major intersection. In response to those questions, I have prepared a short report for you which I believe will address some of the concerns about the design of the driveways into your new site at this location. It is my understanding that there is a City of Southlake requirement that driveways be located at least 500 feet away from major intersections, and that driveways be a minimum of 300 feet apart. In addition, there must be some internal stacking at each driveway, and also there may be a requirement for a special design for a right turn Wright turn out only driveway. I have responded to each of these concerns in my report. The summary of my report is as follows: • 1. For safety at the school, two points of access are recommended. • 2. If a traffic problem should develop with the driveway on Davis Boulevard, the problem should be addressed at that time with traffic controls placed by Southlake. The possibility of a traffic problem should not be presupposed at this time. 3. The amount of traffic generated by the proposed school site is relatively light when compared to other higher uses that may be allowed at this corner site, and thus will have less of a traffic impact. 1411 WeKe4io. VI" 4d4V404, ?X 76014 8AA- f1 ?-46s-3?91 j�E 817-46.5-1O72 6 HEIM F E B 2 51999 - PeoM � s4 ? tatca�c 5 4. The school has already complied with requirements for a driveway off their property along Union Church Road, but cannot comply with a driveway off their property to the north since the church to the north will not permit access across their property. This restricts access to the school site. • 5. There should be little, if any, conflict between the church driveway and the proposed driveway to Primrose School. • 6. The location of the proposed school driveway on Davis Boulevard, with respect to the Davis Boulevard / Union Church Road intersection to the south, allows drivers continuing south on Davis Boulevard sufficient reaction time from the driveway to provide safe operations along this street segment. Based on the report, the driveway on the north side of your site on Davis Boulevard should present few, if any traffic problems, and will improve the delivery of safety services to your school, and improve overall circulation. I will be pleased to answer and respond to any other questions that may arise concerning the development of this site with respect to traffic. Sincere 731;� Don Penny, P.E. " Penny & Associates 1411 It4*4 4 Vtva A&Ves , ?X 76014 j* mws-smr Ag 817-465.1072 $ A -'1 i Technical Report to Mr. Frank Cangelosi Primrose School Southlake, Texas February 22, 1999 Primrose School Development Site Northwest Corner of Davis Boulevard and Union Church Road Prepared by: Don Penny, P.E. Penny & Associates 1411 Natches Drive Arlington, Texas 76014 Lai ;DOW# dr 4"OdW a %set�epa�tteetlac �nr9l�ars Background: Primrose School of Hidden Lakes, under the direction of Mr. Frank Cangelosi, is planning to develop a new school site at the northwest corner of Davis Boulevard and Union Church Road in the"City of Southlake. The site is 1.64 acres, with a building footprint of 8,583 square feet. The enrollment of the school is limited to and licensed at 176 students. The hours of operation will be from 6:00 AM until 6:30 PM from Monday through Friday. With the presentation of the proposed site plan to the City, several questions have come up with respect to driveway design and driveway location. This report intends to address those questions. Site Trip Generation: A school of the type being proposed at this site will generate approximately 2 trips per day per student, with approximately 45 percent of the trips occurring from 7:00-8:30 AM, and approximately 45 percent occurring during the afternoon from about 4:30-6:30 PM. Most of the other trips will occur during the hours between the AM and PM peak drop-off times. For purposes of this study, a trip is defined as a pass -through for the purpose of dropping off or picking up a child. This is not a trip end, but rather is a pass -by trip. Most of the trips that will use the school are not new trips, but will be trips that now exist along the street system and will pass by to drop off or pick up. This number of trips noted above allows for some parents to drop off two or more children, for deliveries, school trips, visitations, and for other miscellaneous trips made at various times. Based on these assumptions, it can be assumed that a total of approximately 352 vehicle trips per weekday will be generated. It is important to note that almost all the trips will occur on the weekday, and will occur during the morning and evening peak traffic hours. However, it should also be noted that the proposed use is significantly lower than other uses that could be allowed at locations such as this one. Adjacent Site Trip Generation: The use of the major portions of the properties to the west, south, and southeast have yet to be determined. However, at most similar locations of major street intersections, it is reasonable to expect some types of commercial or retail uses, most usually neighborhood services to support residential uses in the area. To the east across Davis Boulevard, retail uses have been approved. P w # &, 4"m(4ta 1 GA-9 The site to the north of the subject property is already in use as a church. It is very important to note that the trip :generation of a church is usually during the later evenings or on the ,veekends, and will not interfere with the trips generated by a school use. Such a use is very compatible to a use such as a school. Driveway Location: Two driveways are being requested for use with the Primrose School. The first is a driveway along Union Church Road approximately 300 feet west of the intersection of Davis Boulevard. This driveway is just west of and off the subject property and will also serve the property to the west as a shared driveway. The driveway has been agreed to by the adjacent land owner and by Primrose School. The 300 feet separation between the driveway and the major intersection provides excellent driver reaction time as a driver leaves the public intersection toward the driveway. Drivers should not still be distracted by the intersection as they approach the Union Church driveway. This driveway is a downstream driveway (going away from the intersection), and as such, is more important with respect to traffic than the Davis Boulevard driveway, since poor downstream driveway design will result in a higher rear end accident rate than an upstream, or approach driveway. A second driveway to serve the property has been requested on Davis Boulevard approximately 250 feet north of the Union Church intersection, centerline to centerline. This driveway has been requested in order to provide a second point of access to the subject property, and in order to provide an orderly circulation of traffic on the property, and onto and off of the property. In addition, the property owner of the subject property has approached the church to the north in order to request a possible joint driveway, and has been told that the church is not in any way interested The operation and location of this requested driveway is in question. Driveway Operations: The shared driveway on Union Church Road has been agreed to by the both adjacent property owners, and seems to fulfill the needs for the subject property. The driveway exceeds a 2.5-3 second driving time for a driver exiting the major public intersection to react to traffic using the Union Church Road driveway. The location of this downstream driveway, in fact allows 5-6 seconds, which is approximately double a recommended amount. As a result, this driveway, barring unanticipated circumstances, should operate very well. wary 4 , 4aaocta 76400 taaw Sry&MM 2 8 A .-10 A There are questions, however. about the operations of the driveway that has been requested on Davis Boulevard. Included in these questions are inquiries about northbound left turns into the driveway or left turns out of the driveway, distance from the church driveway, a right in/right our driveway, and other questions. These questions are addressed below. Southlake is a home rule city under state law. As such, the City has the authority to control traffic with public safety in mind. Because of this, the City has the ability to react to traffic problems as they occur. This may be in traffic control changes, enforcement, design changes, or other measures. Most changes, however, will occur after a problem is revealed. In this instance, the location of the requested driveway is far enough away from the major intersection to preclude any obvious traffic problems. However, if one should develop, the City can install no left turn signs on the street, can install large traffic buttons or even a median, can install no left turn signs in the driveway, or other traffic control measures. In addition, the school can provide traffic operation plans to parents informing them to not perform left turns or other maneuvers in the interest of safety. Many options are available. Another question concerns the separation of driveways, that is the distance of one driveway from another. The defining feature of this issue is the amount of traffic and the possible interference of two or more driveways with each other. Thus, the amount of traffic using adjacent driveways, and the time that this traffic occurs, will determine the traffic operating characteristics along the street. In this case, there will be little, if any interference between the two driveways along Davis Boulevard. This is because almost all trips using the school will occur during "normal" business hours during the weekdays. Very few trips will occur to the school later during the evenings or on weekends. This is in contrast to the church, which will have some activities during the later evenings, particularly on Wednesdays, and on the weekends. Thus, the two driveways will not conflict. Also, in this. case, there will be approximately 160 trips during a peak time on a given weekday morning or afternoon, about 45% of a weekday total. This will occur over a two hour period from about 6:00 AM until 8:00 AM, or over a similar two hour PM period. A peak 10 minute may be as high as 18-20 vehicles. This will be divided between the two driveways, which will provide a much better trip distribution. Based on traffic patterns, more traffic will probably use the Davis Pa" & v4oeoela '7zaKap�rtat�ea � �q�ow 3 Boulevard driveway since this will be the more heavily traveled street. This will result in a possible 60%-40% split. A better distributed split between two driveways is much better than trying to force all trips to use and adjust to one driveway. Greatly restricting the number of driveways will result in more congestion at one point, than will distributing traffic at two or three logical points along a street. The distribution of traffic is, in this instance, more desirable than forcing all traffic to use one driveway. Another issue is the use of a right in/right out driveway in place of a normal two way driveway design. The use of the right inlright out driveway is generally used where a driveway is expected to handle a large amount of traffic, such as a major shopping area, and where there is a very major arterial street with high traffic volumes. It also will depend on the size of the property it is accessing. The right in/right out driveway requires about 50 additional feet frontage, and extends about an additional 50 feet into the given property. The use is a right in/right out driveway on a small property quickly imposes a number restrictions on the property and its design. With a smaller property, there are many time customers that frequently use the services and become acclimated to traffic operations with respect to the driveway. As a result, traffic controls such as signed turn restrictions work well. Again, considering driver reaction times, a driver approaching the Davis Boulevard driveway, an upstream driveway, will normally notice a driver in front of them intending to turn into the school driveway. Their attention has not yet been diverted to the approach to the major intersection. After passing the driveway, the driver still has approximately 4 seconds to react to conditions at the intersection. Again, this should be adequate for almost all drivers to adjust and react to what is happening at the Union Church Road intersection_ Other questions may also arise as a result of the the proposed driveway. These will be addressed at the request of the Southlake city officials or of the property owner. Away &,44&vi4W 7ftWArrf4&" lKaew 4 eA - r2- L A Safety Concerns: One of the major concerns of any school is safety in and adjacent to the school. With respect to traffic, circulation on the property is extremely important. Large emergency vehicles such as fire lrucks, whether operating as fire vehicles or as first responders, may have need to use the drives in front of the school. If there is only one point of access, any blockage or restriction of that one point can have very severe repercussions. In addition, a large emergency vehicle having to back out of a 24' wide aisle is not recommended, despite the skills of the drivers. This is a very slow and somewhat hazardous maneuver. As a result, two driveways to serve the school are very important, and are recommended. Conclusions: ♦ Primrose School has made every effort to comply with the requirements of the City of Southlake's driveway ordinance. ♦ The driveway on Union Church Road has been located off the school property in order to provide as much separation from the Davis Boulevard / Union Church Road intersection as possible. • The location of the requested driveway on Davis Boulevard is the result of the church not wishing to share a driveway. The driveway has been located as far away from the intersection as possible. • Two points of access to the property and to the school are recommended for safety and circulation purposes. • Traffic problems are not anticipated due to the location of the Davis Boulevard. However, if one should occur, a number of measures can be taken to alleviate any problem. ♦ The impact of a school use on the adjacent street system is less than a comparable use of retail or commercial. • There should be little or no problem associated with the adjacent driveways of the school and the church. 5 eA -13 �awr�s & r�oaoelatts %aaw�entatlou �lraars City of Southlake, Texas No.: ZA 98 -161 Review No: Three Date of Review: 41 Project N APPLICANT: CE ENGINEER: Frank & Nancy Cangelosi Roland Foerster 225 Bent Creek Court 1315 F. 19th Street S-IA Southlake. Texas 76092 Pl_ _ano, Texas 75674 Phone: (817) 421-8087 Phone: (972) 881-0725 Fax: (817) 421-0087 Attn. Frank Cangelosi Fax:(972) 509-1448 Attn: Roland Foerster CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/8/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments No. 1 & 2 Residential Adjacency Y Same as above Building Articulation Y See Comment No. 3 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 4 Interior Landscape Y Complies Driveways Y See Comment No. 5 1. Trash dumpster must be located at the side or rear the principal structure. The property to the west is designated as "Retail Commercial" and "100 Year Flood Plain" on the approved City Land Use Plan. However, a zoning change to "SF-W has been proposed in conjunction with this application which would require that the trash dumpster be a minimum of 50' from the west property line. 2. Relocate play structures such that they are not between the primary structure and adjacent rights -of - way. According to the applicant, there is one (10' X 10') "Shade Structure" and some "Playground Equipmenf 'located between the building and the existing right-of-way on the northeast and southwest sides of the building. The playground equipment consists of "Hobby Horses" or spring -type rides. Adjacent to the front shade structure are two "Primrose Patches", low -to -the -ground planter boxes. (P&ZAction 314199: Accept play structures as shown.) 3. Provide horizontal and vertical articulation meeting the requirements of Ordinance. 480, Section 43.9.c. l .c. on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (P&ZAction 314199: Accept horizontal articulation only, as shown) r3 rf City of Southlake, Texas 4. The following changes are needed regarding landscaping: a. The F-1 fence along the west is required to be on the property line. The applicant has proposed offsetting the fence to be on the bufferyard line. (P&ZAction 314199: Accept fencing, as shown, off the property line) b. Relocate the 16 parking spaces along Davis Boulevard outside of the required bufferyard area. This plans shows parking spaces extending into the bufferyard approximately 3'. (P&Z Action 314199: Remove 2 parking spaces in the southeast corner and increase the interior landscaping to at least 360 s.f to make up the amount of encroached bufferyard. STAFFNOTE: The applicant revised the plan by removing 2 parking spaces and adding 341 s.f of interior landscape area.) 5. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings. 1. The proposed driveway intersecting Davis Boulevard must be a minimum of 500' from the intersection of Union Church. Approximately 209' has been provided. (P&Z Action 314199: Accept driveway as shown.) 2. A minimum 500' spacing is required between full access driveways intersecting Davis Boulevard. Approximately 103' has been provided between the proposed driveway for this site and an existing driveway to the north for the Northeast Baptist Church site. (P&Z Action 314199: Accept driveway as shown) b. The driveway intersecting Davis Boulevard cannot intersect the transition area of the required deceleration lane. Proposed driveway would intersect the transition area of a standard deceleration lane (12' width X 150' length with a 150' transition). (P&ZAction 314199: Instruct the applicant and a City representative to make a good faith effort to meet with a church official to see if an agreement can be reached regarding a common access easement, and if that is not possible, then require the deceleration lane be extended to 121X 250'. STAFF NOTE.- Sr. Planner Dennis Killough and the applicant met with the Church Pastor, Jerry Summy on March 10, 1999. The church stated they do not want the connection between the two sites. Their primary concerns being loss of on -site parking spaces and liability. This plan shows the 12'X 250' decel lane) C. Provide a common access easement into the church property to the north. (P&Z Action 314199: Instruct the applicant and a City representative to make a good faith effort to meet with a church official to see if an agreement can be reached regarding a common access easement. (See Staff Note above) i City of Southlake, Texas P&ZAction: March 4, 1999; Approved (6-0) subject to Site Plan Review Summary No. 2, dated February 26, 1999, as noted above and with the following amendments: restricting the requested zoning to "S-P-1 " Detailed Site Plan District with "C-2" Local Retail Commercial District uses limited to a private kindergarten, day care, and "0-1 " Office Dis#ict use. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 4/12/99. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11 " x 17" revised reduction must be provided. * No review of proposed signs is intended with this site plan. A separate permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1938. Denotes Informational Comment att: Articulation Evaluation Chart cc: Roland Foerster Frank Cangelosi L:\COMDEV\WP-FILES\REV\98\98161 SP3. W PD i City of Southlake, Texas W11 ARTICULATION EVALUATION REVIEW Case No: ZA 98-161 Review No: Three Date of Review: 4/1/99 n. Primrose School Received: 3/08/99 Might Elevanon lWall ht . =1 8 Horizontal articulation Iverticalarticulation Required Provided _Delta Okay? Required Provided Delta Okay. Max. wall length - 11 ° 10 24 24 01; Yes Min. artic. offse 1 47 4600% Yes 1 2 100% Yes Min. artic. lengt 6 24 300� Yes 6 8 33% Yes Left Elevation IWall ht . =1 8 Horizontal articulation lVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length i24' Min. artic. offset. 1 6 500Ir Yes 1 1 0t Yes Min. artic. length 6 16 167% Yes 6 16 167% Yes Rear Elevation lWall ht . = 8 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 24' 51 1131 No 4 53211 No Min. artic. offset, 1 47 4600% Yes 1 2 100% Yes Min. artic. length 6 47 683% Yes 6 7 1716 Yes Front Elevation lWall ht. =1 8 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 24 17 -29% Yes 24 18 -25% Yes Min. artic. offset 1 1 0*1 Yesl 1 3 200% Yes Min. artic. lengt 6 11 83%-1 Yesi 4 6 50% Yes: City of Southlake, Texas TREE PRESERVATION ANALYSIS i (Non -Residential Development) Case No: ZA 98-161 Date of Review: 3 - 30 - 99 Number of Pages: 2 >a Project Name: Primrose School - J. G. Allen No. 18 Addition, Lot 10 (Rezoning and Site Plan) APPLICANT: Primrose School Franchising Company 199 South Erwin St. Cartersville, Georgia 30120 Phone: Fax: ENGINEERS/PLANNERS: Roland Foerster Civil Engineers 1315 E. 19th Street, Suite 1 A Plano, TX 75074 Phone: (972) 881-0725 Fax: (972) 509-1448 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The only existing large tree proposed to be removed is the 36" American Elm. It is shown to be located within the building area. The other four (4) large existing trees are considered as `Protected' trees and are shown to be preserved. 2. There are a lot of small existing trees on the lot, but I did not notice any other protected trees other than those shown on the Tree Survey. All protected trees within 20' of any construction occurring shall be fenced off at the outer limits of the dripline of the tree%s. No vehicle traffic and no grade changes shall occur within area of the critical root zone of any protected tree. No construction equipment or debris shall be deposited within the area of the critical root zone of any protected tree. * A protected tree shall be considered to be preserved only if a minimum of 75%of the critical -root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. If any grade changes occur within the area of the critical root zone of the existing trees mitigation will be necessary to replace the trees. Please provide an additional Tree Mitigation Chart on the Site Plan which meets the tree mitigation requirements of the Tree Preservation Ordinance 585-A. * In the event that it is necessary to remove or mitigate a protected tree, a sufficient number of trees shall be planted to equal or exceed, in caliper, the diameter of each tree removed. Replacement trees shall be a minimum of 3" caliper (at 1' above ground) and seven feet (7') in height when planted. BUILDING INSPECTIONS L:trees/dre-98/98-161 r City of Southlake, Texas All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. 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KNIiERGAR"4AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business industrial residential and other purposes, and g , P rP L-\COMDEV\WP-FILES\ZBA\PENDING\480.307. WPD Page 1 SA -30 Cto amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Dxst*4 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the L:\COMDEV\WP-FILES\ZBA\PENDING\480-307.WPD Page 2 S� �31 (W view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:\COMDEV\WP-FlLES\ZBA\PENDING\484307. WPD Page 3 $A -3Z (W SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake Texas to reflect the herein . changes in zoning. g SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present L:\COMDEV\WP-FILES\7BA\PENDING\480.307. WPD Page 4 g A -33 conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of P this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be (Moe fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a L:\COMDEV\WP-FILFS\ZBA\PENDING\4W307. WPD Page 5 8A -3Y 4 violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. L:\COMDEV\WP-FIL FS%ZBA\PENDING\4$D-307.WPD Page 6 M 445- 11 (0, PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR r:vwllM36 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L%COMDMWP-FlLFSZBAIPENDING%484307.WPD Page 7 MAYOR ATTEST: CITY SECRETARY $A -3(o L A EXHIBIT "A" FIELD NOTE DESCRIPTION 1.8000 ACRES FOR S-P-1 ZONING REQUEST BEING a 1.8000 acre tract of land out of the Jessie Allen Survey, Abstract No. 18, City of Southlake , Tarrant County, Texas, and being part of a 3.426 acre tract of land as described in deed recorded in Volume 7615, Page 223, of the Tarrant County Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for the southeast corner of said 3.426 acre tract, same being the intersection of the west right-of-way line of Davis Boulevard ( a 120-foot wide right- of-way) with the north line of Union Church Road ( a 60-foot wide right-of-way, more or less at this point); THENCE, N.89°54-10"W., 294.55 feet along the said north line of Union Church Road to a 1/2" iron rod set for comer; THENCE, N.001748" W., 276.42 feet to 1/2„ iron set in the north line of said 3.426 acre tract; THENCE, S.89°33-13"E., 284.57 feet along the said north line of the 3.426 acre tract to a 1/2" iron rod found for comer in the said west right-of-way line of Davis Boulevard; THENCE, S.00°1T45"E., 274.69 feet along the said west right-of-way line of Davis Boulevard to the Point of Beginning and containing 78,408 square feet or 1.8000 acres of land. L:\COMDEV\WP-FILES\7BA\PENDING\480.307. WPD Page 8 8 A 4-1 0 EF'il. ^� L:\CITYDOCSWRD\CASESWM307. W PD Page 9 oa ft?!� aft i q g ,i Et�:ilE� •• ! t � :! � • U I !lI[. MIND[. !! U lit t 8A - 38 D 0 (w EXHIBIT "C" Thipage Preser�r for. the approved pity Council motions for bus case. ,.. . ..: _. ��,ae .� n Al L%COMDMWP-FILESITBANPENDINGW84307. WPD Page 10 8 A —3tj City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 98-162 PROJECT: Ordinance No. 480-308 / First Reading / Rezoning - A portion of Tract 6F J. G. Allen Survey, Abstract No. 18 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being a portion of Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 1.6264 acres. PURPOSE: Purpose of this request is to rezone the property to accommodate home construction. LOCATION: On the north side of Union Church Road approximately 280' west of Davis Boulevard (F.M. 1938). OWNER/APPLICANT: Ronnie M. Woods CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: 100 Year Flood Plain NO. NOTICES SENT: Seven (7) RESPONSES: None P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved (5-0) at the applicant's request to table and to continue the Public Hearing to the January 21, 1999, Planning and Zoning Commission meeting and requesting for it to be placed as high on that agenda as possible. January 21, 1999; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the March 4, 1999, Planning and Zoning Commission meeting. City of Southlake, Texas March 4, 1999; Approved (6-0). STAFF CONINIENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\98CASES\98-I62Z. WPD . " r : = ' ,�,'� r�� � •trite or NO WIM Rig - � — � ;mot 1■ • -,may`.' - ■�-"� � 19�f7Ti-1� .= .��t 1. _ - n • , :�52 k • �i •'21 22 AC t�R MA 222 DISCLAIMER ]at -a has been >/111�► compiled The A Various official Es sourc TRACT MAP informal • 1 t .fln C/ c.11 sx� A Y TIFF 4 MI( 5A 58 � 4 I "SF-1 A" TR 6C4 4.81 AC W. LIPPENCOTT "SF-1 A" TR 6F1 do 6F1A 6.071 O J. MCCLENDON �o a TS T2 z 13 TR 2A2-- 5.0 AC T3o1� _R ACRES i � >m =" • 3 2 2•- F� I 1 Q TR i B3 .98 AC DR MICHIEL LR 1 I I' TR 18 3 I I - .586 AC 21 1 A C2AR � TR 6C2 2.0 O >` I p CR IpTR 1 B4 2 TR 6C1A ±2.0 A IAC I 1.03 AC .45 AC c I C : 44 H. WHITE W IaI TR 6C 1 3.87 AC "AG" I ' a M. FARMER I 313 1 1,2 No 5� S „AG" ,1 I wl T? 6F2 2.0 AC NORTHEAST BAPTIST CHURCH I I 1 I \ I 77F "AG" ' 1 'I TR 181 2.0 AC ' 1 { R. WOODS 1 1 1 3= 1.0 117 I .o -� o z O z I 1 U) ^�0= W Q W I I WQ Wcl- Q 21,A „ \ 120 i I ' f la A TR lgt,l I 1 f I I G„ ADJACENT OWNERS �• 1 AND ZONING I 1 TR tAI TR 5 7R 5E TR 2 I� I 6 A�.399 .38 AC 20.109 O 1' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-308 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS THE WESTERN PORTION OF TRACT 6F SITUATED IN THE J. G. ALLEN SURVEY, ABSTRACT NO.18, AND BEING APPROXIMATELY 1.6264 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMII,Y RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD Page 1 06.3 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, (4., L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD (j y�6J. Page 2 W WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD e 1 Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being the western portion of Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 1.6264 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable L:\COMDEV\WP-FILES\ZBA\PENDING\480.308.WPD 9 �•� Page 4 consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD.a Page 5 6 accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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 the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY L:\COMDEV\WP-FILES\ZBA\PENDING\480.308.WPD ^ 68.10 Page 6 V (W PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD ��, �� Page 7 (W EXHIBIT "A" FIELD NOTE DESCRIPTION 1.626.1 ACRE FO R SFAA ZONING REO("EST BELNG a 1.6264 acre tract of land out of the Jessie Allen Survey, Abstract No. 18, City of Southlake , Tarrant County. Texas, and being part of a 3.426 acre tract of land as described in deed recorded in Volume 7615, Pao-e 223, of the Tarrant County Deed Records, and being more particularly described as follows: COMN ENCING at a 1/2" iron rod found for the southeast corner of said 3.426 acre tract, same being the intersection of the west right-of-way line of Davis Boulevard ( a 120-foot wide right- of-way) with the north line of Union Church Road ( a 60-foot wide right-of-way, more or less at this point); thence, N.89°54'10"W., 284.55 feet along the said north line of Union Church Road to a 1/2" iron rod set for Point of Beginning; THENCE, N.89054'10"W., 257.62 feet along the said north line of Union Church Road to a 1/2" iron rod found for the southwest corner of said 3.426 acre tract; Le THENCE, N.0003218"E., 277.97 feet to 1/2" iron found for the northwest corner of said 3.426 acre tract; A THENCE, S.89033'13"E., 253.56 feet along the said north line of the 3.426 acre tract to a 1/2" iron rod set for comer; THENCE, S.0001748"E., 276.42 feet along the said north right-of-way line of Union Church Road to the Point of Beginning and containing 70,847 square feet or 1.6264 acres of land. L:\COMDEV\WP-FILES\ZBA\PENDING\480-308.WPD S z ' Page 8 City of Southlake, Texas STAFF REPORT April 1, 1999 CASE NO: ZA 98-163 PROJECT: Plat Showing / Lots 10 and 11.1 G. Allen No 18 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing for proposed Lots 10 and 11, J. G. Allen No. 18 Addition on property legally described as Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 3.426 acres. PURPOSE: Platting in order to get building permits. LOCATION: On the northwest corner of the intersection of Davis Boulevard (F.M. 1938) and Union Church Road. OWNER: Ronnie M. Woods APPLICANTS: Frank and Nancy Cangelosi CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Retail Commercial and 100 Year Flood Plain NO. NOTICES SENT: Nine (9) RESPONSES: One (1) response was received within the 200' notification area: • Morris W. Farmer, 68,E Davis Boulevard, Southlake, TX, in favor. (Received January 7, 1999). P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved (5-0) at the applicant's request to table and to continue the Public Hearing to the January 21, 1999, Planning and Zoning Commission meeting and requesting for it to be placed as high on that agenda as possible. January 21, 1999; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the March 4, 1999, Planning and Zoning Commission meeting. City of Southlake, Texas - March 4, 1999; Approved (6-0) subject to Plat Review Summary No. 2, dated February 26, 1999, accepting Item # 1 but instructing the applicant and a City representative to make a good faith effort to meet with a church official to see if an agreement can be reached regarding a common access easement, and if that is not possible, then waiving Item # 1. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated January 11, 1999, and Plat Review Summary No. 2, dated February 26, 1999, with the exception of those in the attached Plat Review Summary No. 3, dated April 1, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-163PS. WPD Pow Cil1 54% TR 2A2 ., •• 5.0 AC I .248 AC .23 AC 1 T 361 ABC' ES 4 3 2 2 S% A" 1, 1 A 1 1 1 TR 1B3 rFF 1 .98 AC 2 MICHAEL DR MICHAEL JJR 1 1 bc21 � ITR 18 5A 5B 4 3 RES .94 .586 AC 5 ' A C a�2 0 1 'A TR 184 _ 1 TR 6C2 TR 6C2 TR 6C1A A I= 1.03 AC 2.0 O cn 2,0 AC .45 AC Cn Too Ci 1 ao a.lal alal TR 6C4 "SF-1 A" H. WHITE'U� 2 4.81 AC 1 1 373 TR 6C 3.87 AC i co' s "C-3" W. LIPPINCOTT „AG„ m 125 M. FARMER °', S MIRAGE s,s >m 11 CARWASH LTD. „AG„ S� m "SF-1 A„ 2. 6 C A z 1 f 2.0 AC NORTHEAST BAPTIST CHURCH I TR 6F1 do 6F1A I R. WOODS 6.071 © I 1 TR 181 TR 1 B' 1 2.0 AC 2.70 r J. MCCLENDON 1 "AG" 1 1 . '31 ,go 117 Z U? 13 Oz � ? Z i JJB °• 14 Q U Q U 1 — I ENTERPISES ;)� Q � Q 1 w INC. .r • IL � 1 12 15 �2 „ ,�,p 1� a- I. Ia a: ( $ w ,,. >z 1 s • ca 1 ,m ' 1 z 13 = R 17 .. 'cn S co LL,12 I TR 1AY ' 1 74 to R 9 ADJACENT OWNERS •JG" =12-W s 20� AND ZONING TR 1 7R 5 TR 5B 13 ,,• �% 20 109 O �s I 6 AC .39 AC .38 AC 21 s 80 1 u4 W ' .. -- 1. -. City of Southlake, Texas Case No: ZA 98-163 PLAT REVIEW SUMMARY Review No: Three Date of Review: 4/1/99 Project Name: Plat Showing - Lot 10 & 11 J. G. Allen No 18 Addition being 3 426 acres out of the J. G. Allen Survey, Abstract No. 18 APPLICANT: Fra _&-Nancv Cangelosi 225 Bent Creek Court Southlake. Texas 760092 Phone: 17) 421-8087 Fax: (817) 421-0087 Attn. Frank Cangelosi SURVEYOR: Roland Foerster 1315 E. 19th Street S-IA Plano. Texas 75074 Phone: (972) 881-0725 Fax: (972) 509-1448 Attn: Roland Foerster CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/8/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. Provide Common Access Easements as may be required with the associated site plan, as approved. (P & Z Action 314199: Accepting Item #1 but instructing the applicant and a City representative to make a good faith effort to meet with a church official to see if an agreement can be reached regarding a common access easement, and if that is not possible, then waiving Item #1. STAFF NOTE. Sr. Planner Dennis Killough and the applicant met with the Church Pastor, Jerry Summy on March 10, 1999. The church stated they do not want the connection between the two sites. Their primary concerns being loss of on -site parking spaces and liability. This plat shows the 12'X 250' dedication for a decel lane) 2. Provide the recording information (volume and page) for the existing easement west of Lot 11. 3. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing this plat in the County records. 4. Correct the labeling on floodplain and floodway. Label the floodplain as "100 Year Floodplain" and . floodway as "100 Year Floodway". Also designate the 100 Year Floodway as "Drainage Easement". 5. Revise the front building setback line along Union Church to 40' for both lots. 6. Correct the name references in the ownership certificate, dedication and notary acknowledgment to be consistent with the references in the current ownership deed for this property. All ownership names references on the plat must be the same. Include Verona S. Woods in the notary statement. NOTE: Although required by Ordinance, staff recommends the surveyor contact the franchise utility companies to verify needed easements. Also, where possible, avoid placing easements in the vicinity of existing trees. L:\COI•DEV\NP-PILES\REV\98\98163PS3.NPD yy .5 Page 1 City of Southlake, Texas P & Z Action : March 4,.1999, Approved (6-0) subject to Plat Review Summary No. 2, dated February 26. 1999, amended as noted above. Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. A Developer's Agreement is required prior to any construction of and public infrastructure. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 4/12/99. If not received by that time, no review will be prepared until the following submittal schedule. All revised submittals must be folded 6" x 9" and an 11 "x 17" revised reduction must be provided. (27 copies are required for resubmittals to Planning and Zoning or 17 copies for Council). Denotes Informational Comment cc: Roland Foerster Frank Cangelosi L:\COMEV\WP-PILES\ASV\98\96163PS3.WPD 0 Page 2 [�J �4 rn 00 ; lov Ih �'d � 1;� hE tag �r 1' Ip I�i I !�'` :. • o �� �_ J5<-9 I' 6 iop nn, 1011 9 I '�Jfhfi •'il 111� jN dl dil$ i�i I dl'I it i3 I I g_ a olt ie� e DAVIS DOULC.N+D �4eI Y; 99 _g f g D s I � I rllul 8���t I - 1 5i�a al x �IEo 867 City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 709-A, 1' Reading, Amending Ordinance No. 709, amending FY 98-99 Annual Budget. Action Requested: City Council consideration of Ordinance No. 709-A that amends the FY 1998-99 Annual Budget. Background Information: Ordinance No. 709-A is presented to the Council to reflect the proposed mid year changes to the Adopted FY1998-99 Budget. These items have been discussed with the Council at previous meetings, and most address personnel issues to meet increasing service demands. "Exhibit A" is an attachment to the ordinance, and includes a summary of the proposed expenditure revisions titled "Proposed Mid Year Budget Revisions FY1998-99". Also included is an "All Funds Summary" as well as a summary of each fund budgeted. These summaries reflect the changes by fund. It should be noted that the only fund with proposed mid year budget revisions is the General Fund. All other funds remain the same as approved at October 1, 1998. In the General Fund, Division 146, Public Works Administration reflects a proposed increase of $41,010 for the addition of a Director of Engineering Services. The expenditures include all personnel costs, including benefits, an auto allowance, pager and mobile phone, as well as a computer and office furnishings for the remainder of the year. The separation of Engineering Services from Public Works in the budget document will occur October 1, 1999. Likewise, Economic Development will be shown as a separate department from Planning with the adoption of the FY1999-00 budget. Also in the General Fund is a proposed increase of $43,547 in Division 151, Economic Development, for the addition of a Director of Economic Development. The budgeted expenditures are similar to those detailed for Division 146. Lastly, a proposed increase of $13,213 is budgeted for Division 105, Support Services, for additional office space. With an increase in the number of personnel last year and this year and the completion of the new Town Hall not expected to until the end of the year 2000, the temporary additional space is needed. The space is adjacent to existing leased space and is available under the same provisions as our current lease. M-1 Curtis E. Hawk Ordinance No. 709-A April 1, 1999 page 2 Financial Considerations: The proposed amendment increases budgeted expenditures but shows no budget amendment to revenues. It is expected, as stated in the Mid -Year Review documents, that revenues will continue to come in at or slightly above budget estimates. It is anticipated that fund integrity will be maintained, even if revenues do not exceed our projections, as the expenditure adjustments reflect the general fund balance at 18.50 % . This is within the adopted Fund Balance Policy, which states a minimum balance of 15 % and an optimum balance of 25 % . Citizen Input/ Board Review: Information relating to the proposed changes was presented to City Council at the Mid Year Review on March 23, 1999. Legal Review: N/A Alternatives: The alternative is not to amend the budget and forgo the proposed revisions. (aw, Supporting Documents: Ordinance No. 709-A and Exhibit A. Staff Recommendation: Approval of Ordinance No. 709-A by the City Council. Approved for Submittal to City Council: k (W ORDINANCE NO.709-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 1998-99 BEGINNING OCTOBER 1, 1998, AND TERMINATING SEPTEMBER 30, 1999, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revision of certain figures in the 1998-99 budget which was approved by City Council with Ordinance No. 709 on September 10, 1998, and submitted same to the City Council; and, WHEREAS, a copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the City Council has studied the Budget Amendment and has determined that the Budget Amendment attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the revised figures, prepared and submitted by the City Manager for the 1998-99 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget Amendment attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1998, and ending September 30, 1999; and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager has determined that there are revenues available for appropriation in excess of those estimated in the 1998-99 approved budget. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Sv-3 Ordinance No. 709-A page 2 A Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of , 1999. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this 1999. ATTEST: Sandra L. LeGrand City Secretary day of , Rick Stacy, Mayor 8b-I/ Ordinance No. 709-A page 3 APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: A S6-5 "EXHIBIT A" CITY OF SOUTHLAKE PROPOSED MID YEAR BUDGET REVISIONS FY1998-99 April 1, 1999 Items for consideration: Fund/Division: 100/146 Director of Engineering Services Personnel $ 36,880 Operations $ 780 Capital Outlay $ 3,350 $ 41,010 Fund/Division: 100/151 Director of Economic Development Personnel $ 39,517 Operations $ 680 Capital Outlay $ 3,350 CFund $ 43, 547 Division: 100/105 Office Space Operations $ 13,213 $2,114 sq. ft. x $15 = $31,710 / 12 = $2,642.50 per month Budget for 5 months in 98-99 $ 97,770 '1 - "EXHIBIT A" 14 REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services PermWFees Miscellaneous Water Sales -residential Water Sales -commercial Wastewater Sales Sanitation Sales Other Utility Charges Interest Income Total Revenues EXPENDITURES City Secretary City Manager Support Services General Gov Total Human Resources Human Resources Total Finance Municipal Court Teen Court Finance Total Fire Police Public Safety Support Building Inspections Public Safety Total Streets/Drainage Public Works Admin Utility Billing Water Wastewater Sanitation Public Works Total Community Development Economic Development Community Dv. Total Community Services Parks and Recreation Library Services Community Svcs. Total ALL FUNDS SUMMARY 1998-99 Adopted Budget with proposed revisions a:sa wr omm 1996-97 Actual 1997-98 Adopted 1997-98 Revised $ Increase/ (Decrease) Adopted % Increase/ -Decrease 1998-99 Revised $ Increase/ (Decrease) Adopted % Increase/ -Decrease $5,769,120 $6,809.765 $6,769,765 ($40,000) -0.6% $8,864,749 $2,054,984 30.2% $2,899,042 $4,756.198 $4,562,197 (194.001) -4.1% 5,975,100 1.218,902 25.6% 899,600 801,030 877,254 76,224 9.5% 984,112 183.082 22.9% 526,967 515,300 647.590 132.290 25.7% 875,798 360,498 70.0% 336,916 551,550 574.559 23,009 4.2% 685,006 133,456 24.2% 2,669,676 2,314,710 3,229,379 914,669 39.5% 2,842.788 528,078 22.8% 253,439 205.575 234,490 28,915 14.1% 229,059 23,484 11.4% 4,425,797 4,887,500 5,800,000 912,500 18.7% 5,220,000 332,500 6.8% 657,807 701,500 895,000 193,500 27.6% 805,500 104,000 14.8% 811,624 920,000 1,000,000 80,000 8.7% 975,000 55,000 6.0% 508,224 534,000 568,182 34,182 6.4% 636,000 102,000 19.1% 409,949 359,000 471,025 112,025 31.2% 443,315 84,315 23.5% 387,132 331,490 347.989 16,499 5.0% 424,832 93,342 28.2% $20,555,293 $23,687,618 $25,977,430 $2,289,812 9.7% $28,961,259 b 273 "1 22.3% $242,574 $237,412 $216.556 ($20,856) -8.8% $301,173 $63,761 26.9% $499,939 $350,120 $336.989 ($13,131) -3.8% $351.003 883 0.3% $1,497,945 $1,210,601 $1,506,901 296,300 24.5% $2,539,747 1,329,146 109.8% $2,240,457 $1,798,133 $2,060,446 $262,313 14.6% $3,191,923 $1,393,790 77.5% 144 948 $168,488 20$ 8,859 40,371 24.0% $209,600 41,112 24.4% 144 948 $168,488 $208,859 $40.371 24.0% $209,600 $41,112 24.4% 418,018 410,436 402,011 (8,425) -2.1% 454,165 43,729 10.7% 253,235 276,930 286,087 9,157 3.3% 304,770 27,840 10.1% 48,145 54,609 60,291 5 682 10.4% 92,633 38,024 69.6% 719,399 741,976 748,389 6i14 0.9% 861,669 109,594 14.8% 1,460,111 1,527,724 1,730,528 202,804 13.3% 1,857,825 330,101 21.6% 2,242,915 2,600,413 2,733,747 133,334 5.1% 3,418,246 817,833 31.5% 975,419 982,880 974,918 (7,962) -0.8% 1,056,436 73,556 7.5% 474,511 587,485 596,720 9 235 1.6% 692,896 105,411 17.9% $5,152,956 $6,698,602 $6,035,913 $337,411 6.9% $7,025,403 $1,326,901 23.3% 903.989 911,629 918.328 6,699 0.7% 939.167 27,538 3.0% 690,190 856,528 771,554 (84,974) -9.9% 844,739 (11,789) -1.4% 0 0 0 0 0.0% 303,421 303,421 100.0% 4,012,284 4,413,701 4,852,335 438,634 9.9% 4,504,340 90,639 2.1% 962,943 792,206 643,705 (148,501) -18.7% 747,246 (44,960) -5.7% 445,205 500,000 500,000 0 0.0% 560,000 60,000 12.0% $7,014,612 $7,474,064 $7,685,922 $211,868 2.8% $7,898.91 $424,860 5.7% 463,551 555.593 508,250 (47,343) -8.5% 531,480 (24,113) -4.3% 90,319 114,285 122,179 7 894 6.9% 188,379 74,094 64.8% 553 869 $669,878 $630,429 39 449 -5.9% $719,859 $49,981 7.5% 0 360,113 327,047 (33,066) -9.2% 416,831 56,718 15.8% 1,083.635 1,348.052 1,415,400 67,348 5.0% 1,505,505 157,453 11.7% 0 0 0 0 0.0%1 162.480 162,480 100.0% 1.0 33.635 1.7 88,166 1,742.447 34,282 2.0% 2.0 44.816 376,651 22.1% "EXHIBIT A" EXPENDITURES. cont TIF District Crime Control District Pay Plan Implementation Debt Service Total Expenditures Net Revenues Proceeds from C.O. SOWOdrer Transfers In Transfers Out Total Other sources (uses) Beginning Fund Balance Reserved Fund Balance Ending Fund Balance ALL FUNDS SUMMARY 1998-99 Adopted Budget with proposed revisions 04M w amm 1996-97 Actual 1997-98 Adopted 1997-98 Revised S Increase/ (Decrease) Adopted % Increase/ -Decrease 1998-99 Revised $ Increase/ (Decrease) Adopted % Increase/ -Decrease 0 0 37,975 37,975 100.0% 143,125 143,125 100.0% 0 208,833 208,833 0 0.0% 281,420 72,587 34.8% 0 301,814 301.814 0 0.0% 0 (301,814) -100.0% 4,456,864 5,166,285 5,083,008 (83,277) -1.6% 6,836,933 1,670,648 32.3% $21,366,740 $23,936,137 $24,744,035 $807,898 3.4% $29,243,562 $5,307,426 22.2% 811 "7 248 519 1 395 $1,481.914 282 303 $990,381 $715.547 $715,647 s0 $694,300 ($21,247) $1,329.645 $2,666,413 $2,704,413 $38,000 $3,161,339 $494,926 ($2.504.418) ($2,124.639) ($2.712.639) ($588.000) ($3.337.7351 ($1,213.096) 1($84.392) $1,257,321 70$7,321 55(a 0.000) 1$5 7,904 739 417 $5,974,918 $4,979,079 $4,979,079 $6,919,795 NO LO 1i0 $0 979 079 JL2L7 881 956. 19. 995 7 15 • 55.396 "EXHIBIT A" REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services Pennrts/Fees Miscellaneous Interest Income Total Revenues EXPENDITURES City Secretary City Manager Support Services General Gov. Total Human Resources Human Resources Total Finance Municipal Court Teen Court Finance Total Fire Police Public Safety Support Building Inspections Public Safety Total Streets/Drainage Public Works Admin Public Works Total Community Development Economic Development Community Dev. Total Community Services Parks and Recreation Library Services Community Svcs. Total Pay Plan Implementation Total Expenditures Proceeds from C.O. SaWOlher Lease Proceeds Transient Out Transfers In Total Other Source (Uses( Beymning Fund Balance R---d Fund Balance Ending Fund Balance Fund Wlance pocentaes-CA' GENERAL FUND 1998-99 Adopted Budget with proposed revisions area PM S I cresse/ S in rsass/ 1996-97 1997-98 1997-98 (Decrease) % Increase/ 1998-99 (Decrease) % Increase/ Actual Adopted Revised Adopted -Decrease Revised adopted -Decrease S3,464,260 $4,036,234 $3,996,234 ($40,000) -1.0% $6,463,540 $2,427,306 60.1% 1,933,534 2,717,500 2,629,500 (88,000) -3.2% 3,026.050 308,550 11.4% 899,600 801,030 877,254 76,224 9.5% 984.112 183,082 22.9% 526,967 515,300 647,590 132,290 25.7% 875,798 360,498 70.0% 336,916 551,550 574,559 23,009 4.2% 685.006 133,456 24.2% 2,525,799 2,264,710 2.979.379 714,669 31.6% 2,742,788 478,078 21.1% 162,646 113,975 166,190 52,215 45.8% 145,659 31,684 27.0% 189,667 155,000 160,389 5289 3.5% 190.000 35000 22.6% $10,039,389 $11,155,299 $1$031,095 $87S,796 7.9% $15,11$953 S3,957,654 35.5% $242,574 $237,412 216,556 ($20,856) -8.8% $301,173 $63,761 26.9% 499,939 350,120 336,969 (13,131) -3.8% 351,003 883 0.3% 1,497,945 1,210,601 1,506,901 296.300 24.5% 2.539,747 1,329,146 109.8% $2,240,457 $1,798.133 $2.060.446 $262,313 14.6% $3,191,923 $1,393,790 77.5% 144,948 168.488 208,859 40371 24.0% 209,600 41112 24.4% 144 948 $168.488 208 95 $40,371 24.0% S209.600 $41,112 24.4% 418,018 410,436 402.011 (8,425) -2.1 % 454,165 43,729 10.7% 253,235 276,930 286,087 9,157 3.3% 304,770 27,840 10.1% 48 145 54609 150,291 5 682 10.4% 92 633633 38 024 69.6% 719 399 $741,975 S74IL389 8 414 0.9% S8511,569 $109.594 14.8% 1,460,111 1,527,724 1,730,528 202,804 13.3% 1,857,825 330.101 21.6% 2,242,915 2,600,413 2,733,747 133,334 5.1% 3.418,246 817,833 31.5% 975,419 982,880 974,918 (7,962) -0.8% 1,056,436 73,556 7.5% 474,511 587,485 596,720 9235 1.6% 692.896 105,411 17.9% $5,162,956 $5,698,502 K035.913 S337,411 5.9% $7,025.403 $1,326,901 23.3% 903,989 911,629 918,328 6,699 0.7% 939,167 27,538 3.0% 690,190 856,528 771.554 (84,974) -9.9% 844.739 (11,789) -1.4% $1,594,180 $1,768.157 $1.689,882 78 275 -4.4% S1.783.906 $15.748 0.9% 463,551 555,593 508,250 (47,343) -8.5% 531,480 (24,113) 4.3% 90 319 114,285 122,179 7 894 6.9% 188.379 74 094 64.8% 553 969 S669,878 S630.429 39 449 -5.9% $719.859 9901 7.5% 0 360,113 327,047 (33,066) -9.2% 416,831 56,718 15.8% 1,013,012 1,301,738 1,163,689 (138,049) -10.6% 1,454,991 153,253 11.8% 0 0 0 0 0.0% 162,480 162,480 100.0% 1 013 012 $1,661,851 SIAN.736 171 115 -10.3% $2,034J02 S37Z461 22.4% 12 $285.409 295 409 So 0.0% 12 281 5,409) -100.0% $11,418,821 $12,792,393 $13,150,063 $357,670 2.8% $15,816,562 $3,024,169 23.6% ($1.379.4321 ($1,637,0941 31.118,968) $518,126 703 609 933 485 $828,485 $715,547 $715,547 SO $0 161,896 0 0 0 694,300 0 0 (38.000) (1,155,942) 33000 $700,000 7E 00.000 L0 $1,235,527 1 623 381 $1,415,547 1 3S 77,547 3($ 8.000) 77$ 3.885 $2,353,653 $2,597.602 $2,597,602 $2,856,181 $0 $0 $0 $0 2 597 602 2 35 . 76,055 856181 2$ ,926,457 22.75%1 18.57%1 21.72%1 18.50% W , / "EXHIBIT A" REVENUES Sales Tax Interest Total Revenues EXPENDITURES Personnel Operations Capital Pay Plan Implementation Total Expenditures Net R...nw. T amfan In Proeeeda tom C.O. Salle Total Odra Soureas (Uses) Beginning Fund Balance Endng fund Baknca :4 CRIME CONTROL DISTRICT FUND 1998-99 Adopted Budget with proposed revisions sua PM 1998-97 Actual 1997-98 Adopted 1997-98 Revised $ increase/ (Decrease) Adopted % Increase/ -Decrease 1998-99 Revised i Increase/ (Decrease) Adopted % Increase/ -Decrease $0 $881,198 $816.197 ($62,001) -9.1% $1,438= $757,327 1112% 0 18.750 18.750 0 0.0% 35,962 17,232 91.9% $0 $699,948 $937,947 ($62,001) -8.9% $IA74,507 $757,327 108.2% $0 $70,529 $70,529 $0 0.0% $103,050 $32,521 48.1% $0 $3.672 $3.872 0 0.0% $1,580 (2,112) -57.5% s0 $134,632 $134.832 0 0.0% $176,810 42,178 31.3% 10 19 10 0 0.0% N0 0 0.0% $0 $208,833 $208,833 $0 0.0% $281A20 $72,587 34.8% $0 $491,115 $429,114 ($62,001) $1,193,087 $701.972 0 0 0 0 0 0 0 0 so $0 $0 $429,114 20 $491,115 $429,114 $1,622,201 0 O 16 V City of Southlake, Texas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99-07, Amending Fee Schedule for park dedication fees Action Requested: City Council consideration of Resolution No. 99-07, amending the fee schedule for park dedication fees. Background Information: Per Ordinance No. 483-F, the City may amend the Subdivision Ordinance concerning park and recreation dedication requirements. Section 7.05 of this Ordinance sets the standard of fees in lieu of park land dedication based upon the fair market value, or raw acreage cost. Currently this value is set at $40,000 per acre. Section 7.05 further states that the City Council shall annually establish an acreage land value cost based upon an average fair market value. This value cost is the fee standard for the fiscal year. An appraisal was recently conducted to determine a fair market value for land in the City. According to the appraisal, the raw acreage cost currently in place is undervalued. Increasing the raw acreage cost to $60,000 per acre yields a fifty percent (50 %) increase in park dedication fees per lot for a residential dwelling and a fifty percent (50%) increase per gross acre for commercial developments. This would bring park dedication fees to $1, 500 per residential dwelling unit, and $1, 200 per gross acre for non-residential developments. The Park and Recreation Board considered this issue at the February 8, 1999 meeting and recommended that the fee standard be raised to reflect a fair market value. Financial Considerations: The current park dedication raw acreage cost standard yields a $1,000/per lot fee for residential dwellings, and a $800/per gross acre fee for commercial properties. Implementing the proposed raw acreage cost yields a $1,500/per lot fee for residential dwellings and a $1,200/per gross acre fee for commercial developments. C:\TEMP\FEECHNGE.doc qk r 1 Curtis E. Hawk, City Manager March 26, 1999 Page 2 Citizen Input/ Board Review: The Park and Recreation Board recommended that the park dedication fee standard of raw acreage cost be raised from $40,000 per acre to $60,000 per acre on February 8, 1999 (6-1-1). City Council tabled this item from its March 2 meeting to the April 6, 1999 meeting and requested staff to gather more information. A summary of survey results of area cities is attached. Legal Review: Section 7.05.A.2, Ordinance 483-F states that the land value cost shall be based on a reasonable study and investigation, and may be performed by an independent and registered land appraisal firm. The appraisal was performed by Misty Goodrich, MAI, of Goodrich, Schecter & Associates, a firm that meets the stipulations as specified in the Ordinance. Alternatives: (1) Changes to the Subdivision Ordinance regarding the methodology of assessing park dedication requirements. (2) Changes to the Fee Schedule regarding the fee structure for raw acreage. Supporting Documents: Supporting documents include the following items: • Resolution No. 99-07, Amending Fee Schedule for park dedication fees. • City of Southlake Fee Schedule with the current structure and the proposed changes. • City of Southlake Ordinance No. 483-F. • Appraisal report of Goodrich, Schecter, & Associates, LLC, dated December 7, 1998. • Survey of area cities regarding park dedication requirements and fees. Staff Recommendation: Staff recommends City Council consideration of Resolution No. 99-07, or the alternatives provided, and provide staff direction. KH/je Approv or u 't 1 to City Council: wvCity M ag 9A , 2 C:',.TEMPTEECHNGEA City of Southlake, Texas RESOLUTION NO. 99-07 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 98-70; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97-59; 94-46, NO. 94-61, NO. 95-05, NO. 95-34, NO. 95- 50, NO. 96-57, NO. 97-50, NO. 97-59; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 98-70, set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the Fee Schedule and has determined that certain fees shouid be amended in the fee scneduie. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Section II, Community Development Activities-##28 Park Land Dedication - Raw Acreage cost be amended per the attached City of Southlake Fee Schedule. Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 98- 70 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3. That the fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the ATTEST: Sandra L. LeGrand City Secretary day of CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy L:\ParkRec\DEVEL\PKCREDITIRES99-07.doc at 3 1999. CITY OF SOUTHLAKE FEE SCHEDULE IR ACTIVITY SECTION I. Administrative Activities FEE 1. NSF Check Return Charge (amended Res. #97-59) $20.00 Credit Card Return Charge $20.00 2. Cost of Copies of Public Information (amended Res. #98-7o) according to the approved General Services Commission Charge Schedule (Attachment "A") 3. Water Customer Mailing Labels (Amended Res. #97-59) $45.00 4. Offense/Accident Report : (Amended Res. #95-5o) Basic Certified Written Certification that no report exists 5. Burning Permits 6. Ambulance Fees (amended Res. #98-70): Local Transport 7. House Moving Permit 8. Solicitation/Vendor Permit 9. Seasonal Permits 10. Vital Statistics: Certificate of Death Certificate of Birth (Amended Res. #95-34) $ 4.00 $ 6.00 $ 4.00 $0.00 $300.00 $10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move $35.00 (Co. license) +$10.00/Agent + $1,000 Surety Bond $25.00 $9.00 / 1st copy 3.00 each add' 1 copy at time of initial request $13.00 / copy 11. Wrecker Permit Fee: (Amended xes.#94-61) Permit fee per wrecker vehicle $24.00 per year (waived for contract agency) Permit Fee per authorized driver $12.00 per year (waived for contract agency) L:\FINANCETUDGET\98-99\FEE1198.DOC PAGE 1-FEE SCHEDULE ! 4 _ Y" CITY OF SOUTHLAKE FEE SCHEDULE A ACTIVITY_ 12. Credit Card Use Fees (added Res. #97-59) (Municipal Court Fines and Fees Only): up to and including $200 $201 to $300 $301 to $400 $401 to $500 $501 to $600 $601 to $700 $701 to $800 $801 to $900 $901 to $1,000 $1, 001 and up SECTION II. Community Development Activities 1. Board of adjustment requests 2. Amendment to Zoning Ordinance 3. Zoning Only 4. Concept Plan Only 5. Zoning and Concept Plan (amended Res. #98-70) 6. Zoning and Site Plan (amended Res. #98-70) 7. Specific Use Permit 8. Site Plans 9. Amended Plat -�- 4 lots 10. Amended Plat > 4 lots 11. Plat Showing (1 lot) 12. Plat Showing (multiple lots) FEE $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 $18.00 $20.00 $200.00/request $200.00/request $200.00 + $10/Acre $200.00 + $10/Acre $400.00 + $20/Acre $400.00 + $20/Acre $200.00 + $10/Acre $300.00 + $10/Acre $200.00 + $20/Lot/Res $200.00 + $20/Ac-Comm $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm $200.00 + $20/Lot-Res $200.00 + $20/Ac-Comm $300.00 + $20/Lot-Res $300.00 + $20/Ac/Comm LARNAxcEWDCE'r\98-99TEE1198.Doc PAGE 2-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE (aw 13. Preliminary Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 14. Preliminary Plat (P.U.D.) $300.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 15. Final Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 16. Final Plat (P.U.D.) (amended Res. #98-70) $400.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 17. Plat Revision $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 18. Plat Vacation $200.00 Flat Fee 19. Rush Plat Filing $300.00 Flat Fee 20. Two -County Filing (amended Res. #98-70) $60.00 Flat Fee (4W 21. Extra Plat Page Filing $20.00 Flat Fee 22. Color Mapping (1:1000) (amended Res. #98-70) $20.00 per map 23. Color Mapping (1:2000) (amended Res. #98-70) $10.00 per map 24. Aerial Photo Print (added Res. #98-70) $15.00 per photo print 25. Mapping 11 "x 17" plat reduction copies $2.00 per map 26. Mapping (digital tape format) (added Res. #95-34) $140.00 per tape 27. Street Name Change $100.00 per street 28. Park Land Dedication -Raw acreage cost $49r999TA9 $60, 000 per acre (amended Res. #97-50) Fee Calculation in lieu of Park Land Dedication - (added Res. #98-70) Residential - 1 acre/40 dwelling units (40 lots) $1, 9AA,9A $1, 500 per lot Non -Residential - 1 acre/50 gross acres $8-99r99 $1,200 per gross acre LARNANCE\BUDGED98-99TEEi 198.DOC JA- to PAGE 3-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE IR OR ACTIVITY 29. Zoning Verification Letter (amended Res. #98-70) FEE First letter within two months of zoning approval $0.00 All subsequent letters 30. Zoning Administrator Opinion/Interpretation Letter SECTION III. Public Works Activities 1. Administrative Processing Fee 2. Computer Drainage Study: HEC I: HEC 11: 3. Construction Inspection 4. Street Cut Permit 5. Easement Abandonments 6. R.O.W. Abandonments 7. Easement/R.O.W. Dedications 8. Street Light Costs $25.00 each $100.00 2 % Actual Construction Cost $400.00 + $10/Linear Foot $an() nn + $10/1,inPa,r Fnnt 3 % Actual Construction Cost �1 S nn ner .Ctrept $150.00 Flat Fee $150.00 Flat Fee $100.00 per Easement Developer pays installation + 2- year operation cost SECTION IV. Water and Wastewater Utilities Activities (added Res. a9s-�o 1. Water Meter Fee (Including Transponder) (amended Res. #98-70) 1 " Meter $460.00 2" Meter (Turbo)-Sprinkler/Irrigation Only $850.00 2" Meter (Compound)-(Residential/Commercial) $2,000.00 4" Meter $2,500.00 6" Meter $3,700.00 8 " Meter $4, 500.00 L:\FINANCE\BUDGETN98-99\FEE1198.DOC PAGE 4-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE (aw 2. Sewer Tap Inspection Fee $75.00 3. Sewer Participation Fee (Added Res. #95-34) $1,300/lot 4. Water Administrative Service Charge $15.00 5. Water Deposits: Residential Accounts $50.00 Commercial Accounts Established by Utility Billing Supervisor 6. Fire Hydrant Meter Deposit (City Meter) (mended Res. #98-70) $900.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $975.00 Fire Hydrant Meter Deposit (Privately Supplied Meter) $200.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $275.00 7. Water Reconnect Fees for Non -Payment, Business Days Only: (46W 8 a.m.-5 p.m.: lst/2nd/3rd & subsequent $20/$40/$60 After 5 p.m.: 1st/2nd/3rd & subsequent $40/$60/$80 ON Weekends, anytime $40/$60/$80 8. Water Meter Re -installation Fee $50.00 9. Water Meter Reread Fee $5.00 10. Service Charge - Damaged or Broken Lock, (amended Res. #98-70) Meter and/or Transponder $25.00 11. Damaged meter and transponder replacement (added Res. #98-70): 1" Meter $86.00 1" Transponder $150.00 Meter Box $32.50 12. Late Utility Payment Fee 5 % of Outstanding Balance L:\FINANCE\BUDGET\98-99\FEE1198.DOC QA PAGE 5-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 13. Additional or Replacement Recycling Bins $6.00 Additional or Replacement Recycling Lids $4.00 (added Res. #97-59) SECTION V . Building Inspection Activities 1. Building Permit Fees Per the currently adopted U.B.C. (Administrative Code) 2. Water Well Permit $42.00 3. Tent Permit $15.00 4. Sign Permit, Permanent Type (1 - 50 sq ft) $50.00 minimum Sign Permit, Permanent Type (> 50 sq ft) $1.00 / sq ft Sign Permit, Temporary Type $25.00 Annually, per calendar year (amended Res. #98-70) illuminated Sign, Electrical Permit $35.00 (in addition to above) 5. Sign Recovery Fee (1-50 sq ft) (added Res. #98-70) $25.00 (> 50 sq ft) $50.00 6. Request for Variance to Sign Ordinance $100.00/request 7. Culvert and/or Approach Permit $42.00 8. Building Contractor's Registration Fee $75.00 9. Tree Removal Permit $.00 per Permit 10. Temporary Batch Plant Permit $.00 per Permit 11. Smoking Area - Re -Inspection Fee (added Res. #98-70) $100.00 LAFINANCE\13UDGET\98-99\FEE1198.DOC �� n PAGE 6-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE SECTION VI. Community Services Activities (Amended Res. #95-34, Res. #97-59, Res. #98-70) 1. Building Reservations for Residents - Bicentennial Park and Senior Center (amended Res. #97-59, Res. #98-70): Regular Meeting Fee per year 1 meeting $10.00 Quarterly to Monthly Scheduled Meetings $25.00 More than Monthly Meetings Scheduled $75.00 Security and Clean-up Deposit $100.00 (refundable) Week day meeting $10.00/hr 2. Building Reservations for Special Activities (amended Res. #97-59, #98-70): Security and Clean-up Deposit Bicentennial Park - The Lodge (with Kitchen) Bicentennial Park - Community Center/room_ Senior Center Large meeting room Senior Center Large meeting room & Kitchen Senior Center Kitchen use fee 3. Organized Athletic Programs Meeting Fees (added Res. #98-70) 4. TV/VCR Rental Fee 5. Equipment Rental: (Driver's license held) Tennis Racket & Balls (Courts on Hill) Volleyballs Basketballs $50.00 (refundable) $15.00/hr $15.00/rm/hr $15.00/hr $35.00/hr $25.00/hr $1,000,000 General Liability Insurance Policy $100 per year No charge with reservation No charge No charge No charge 6. Reservations of Park Facilities (Bicentennial Park) (amended Res. #97-59, Res. #98-70): Security and Clean-up Deposit (group of 100 or more require) Hilltop Picnic Area Pine Tree Picnic Area Bicentennial Pavilion Adventure Alley Pavilions (added Res. #98-70) L:\FINANCE\BUDGET\98-99\FEE1198.DOC 9A 'io $50.00 (refundable) $5.00/4 hrs $5.00/4 hrs $8.00/4 hrs $8.00/4 hrs/pavilion PAGE 7-FEE SCHEDULE CITY OF SOLMMAKE FEE SCHEDULE A ACTIVITY 7. Reservations for Fields and Courts: FEE Ballfields (No Lights) $7.50/1.5 hr/field Ballfields (With Lights) $15.0011.5 hr/field Soccer Fields $2.50/ 1.5 hr/field CIS Multi -use Court (Hockey/Basketball) (amended Res. #98-70) $7.50/1.5 hr CIS Multi -use Court (With Lights) (amended Res. #98-70) $15.0011.5 hr Sand Volleyball Courts $5.00/hr/court Tennis Courts (Courts on Hill -Bicentennial Park) $5.0011.5 hr/court In -Line Hockey Court (added Res. #98-70) (Bicentennial Park -No Lights) $10.00/hr In -Line Hockey Court (added Res. #98-70) (Bicentennial Park -With Lights) $20.00/hr Basketball courts (added Res. #98-7o) $5.00/hr Field Preparation Fees: Weekday Games Weekend Games L: \ENANCE\BUDGET\98-99\FEE 1198. DOC aA IrT $25.00/field $37.50/field PAGE 8-FEE SCHEDULE Title 1. ADMINISTRATION Part V. GENERAL SERVICES COMMISSION Chapter 111. EXECUTIVE ADMINISTRATION DIVISION Subchapter C. COST OF COPIES OF PUBLIC INFORMATION 111.63 Charges for Providing Copies of Public Information (a) The charges in this section to recover costs associated with providing copies of public information are based on estimated average costs to governmental bodies across the state. When actual costs are 25% higher than those used in these rules, governmental bodies other than agencies of the state, may request an exemption in accordance with &# 167 111.64 of this title (relating to Requesting an Exemption). (b) Copy charge. (1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side u at has a printed image is considered a page. (2) Nonstandard copy. The charges for nonstandard copies are: (A) diskette--$1.00; (B) magnetic tape-411.00413.50 (depending on width --see 111.70 of this title (relating to the General Services Commission Charge Schedule)); (C) data cartridge-417.50435 (depending on series --see 111.70); (D) tape cartridge--$38445 (depending on memory --see 111.70); (E) VHS video cassette--$2.50; (F) audio cassette--$1.00; (G) oversize paper copy (i.e.: 11 inches by 17 inches, greenbar, bluebar)--$.50; (H) Mylar-4.8541.35/linear foot (depending on thickness --see &#167 111.70); (I) Blueprint/Blueline paper--$.20/linear foot (all widths). (3) The charges in this subsection are to cover the cost of materials onto which information is copied and do not reflect any additional charges that may be associated with a particular request. A — % ATTACHMENT A (c) Programming personnel. If a particular request requires the services of a programmer kw in order to execute an existing program or to create a new program so that requested information may be accessed and copied, the governmental body may charge for the programmer's time. (1) The hourly charge for a programmer is $26 an hour, including fringe benefits. Only programming services shall be charged at this hourly rate. (2) Governmental bodies that do not have in-house programming capabilities shall comply with requests in accordance with 552.231 of the Public Information Act. (3) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of Government Code, Chapter 552, 552.261(b). (d) Other Personnel charge. (.) T ;,.".:ugc for ot-L perso z' costs, mcurred in processing a request for public information is $15 an hour, including fringe benefits. Where applicable, the other personnel charge may include the actual time to locate, compile, and reproduce the requested information. (6w (2) An other personnel charge shall not be billed in connection with complying with requests that are for 50 or fewer pages of paper records, unless the documents to be copied are located in: (A) more than one building; or (B) a remote storage facility. (3) Other personnel time shall not be recovered for any time spent by an attorney, legal assistant, or any other person who reviews the requested information: (A) to determine whether the governmental body will raise any exceptions to disclosure of the requested information under Subchapter C of the Public Information Act; or (B) to research or prepare a request for a ruling by the attorney general's office pursuant to 552.301 of the Public Information Act. (4) When confidential information is mixed with public information in the same page, personnel time may be recovered for time spent to obliterate, blackout, or otherwise obscure confidential information in order to release the public information. ATTACHMENT A (5) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of Government Code, Chapter 552, 552.261(b). (e) Overhead charge. (1) Whenever any personnel charge is applicable to a request, a governmental body may include in the charges direct and indirect costs, in addition to the specific personnel charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. If a governmental body chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges made statewide. (2) An overhead charge shall not be made for requests for copies of 50 pages or fewer of standard paper records. (3) The overhead charge shall be computed at 20% of the charge made to cover any personnel costs associated with a particular request. Example: if one hour of personnel (programming, other personnel or a combination of both) is used for a particular request, the formula would be asfollows: $15.00 .20 = $3.00; or $26.00 x .20 = $5.20; or $41.00 x .20 = $8.20. (f) Microfiche and microfilm charge. (1) If a governmental body already has information that exists on microfiche or microfilm and has copies available for sale or distribution, the charge for a copy must not exceed the cost of its reproduction. If no copies of the requested microfiche or microfilm are available and the information on the microfiche or microfilm can be released in its entirety, the governmental body should make a copy of the microfiche or microfilm. The charge for a copy shall not exceed the cost of its reproduction. The Texas State Library and Archives Commission has the capacity to reproduce microfiche and microfilm for state agencies. Governmental bodies that do not have in-house capability to reproduce microfiche or microfilm may charge the actual costs of having the reproduction made commercially. (2) If only a master copy of information in microform is maintained, the charge is $.10 per page for standard size paper copies, plus any applicable personnel and overhead charge for more than 50 copies. (g) Remote document retrieval charge. (low (1) Due to limited on -site capacity of storage of documents, it is frequently necessary to store information that is not in current use in remote storage locations. Every effort ` M -14 ATTACHMENT A should be made by governmental bodies to store current records on -site. State agencies are encouraged to store inactive or non -current records with the Texas State Library and Archives Commission. To the extent that the retrieval of documents results in a charge to comply with a request, it is permissible to recover costs of such services. (2) If a governmental body has a contract with a commercial records storage company, whereby the private company charges a fee to locate, retrieve, deliver, and return to storage the needed record(s), no additional personnel charge shall be factored in for time spent locating documents at the storage location by the private company's personnel. If after delivery to the governmental body, the boxes must still be searched for records that are responsive to the request, a personnel charge is allowed according to subsection (d)(1) of this section. (h) Computer resource charge. (1) The computer resource charge is a utilization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources, which might include, but is not limited to, some or all of = t:al Y------ b units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities. (2) These computer resource charges are not intended to substitute for ccst reco :::; methodologies or charges made for purposes other than responding to public information requests. (3) The charges in this subsection are averages based on a survey of governmental bodies with a broad range of computer capabilities. Each governmental body using this cost recovery charge shall determine which category(ies) of computer system(s) used to fulfill the public information request most closely fits its existing system(s), and set its charge accordingly. Type of System --Rate: Mainframe-410 per minute; Midsize--$1.50 per minute; Client/Server--$2.20 per hour; PC or LAN--$1.00 per hour. (4) The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not meant to apply to programming or printing time; rather, it is solely to recover costs associated with the actual time required by the computer to execute a program. This time, called CPU time, can be read directly from the CPU clock, and most frequently will be a matter of seconds. If programming is required to comply with a particular request, the appropriate charge that may be recovered for programming time is set forth in subsection (d) of this section. No charge should be made for computer print-out time. Example: If a mainframe computer is used, and the processing time is 20 seconds, the charges would be as follows: $10 / 3 = $3.33; or $10 / 60 x 20 = $3.33. q14 - / ATTACHMENT A (4kjW (5) A governmental body that does not have in-house computer capabilities shall comply with requests in accordance with the Public Information Act, Government Code, Chapter 552, 552.231. (i) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information. 0) Postal and shipping charges. Governmental bodies may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party. (k) Sales tax. Sales tax shall not be added on charges for public information. (1) The commission shall reevaluate and update these charges as necessary. Source: The provisions of this 111.63 adopted to be effective September 18, 1996, 21 Ir -g 8587; amended to be effective February 20, 1997, 22 TexReg 1625; amended to be effective December 3, 1997, 22 TexReg 11651. Cross Reference: This Section cited in 1 TAC 161.1, (relating to Charges for Copies of Public Records); 1 TAC 181.11, (relating to Charges for Public Records). ` A —t& ATTACHMENT A ORDINANCE NO. 483-F AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO.483, THE SUBDI`TSION ORDINANCE; REVISING THE ENTIRETY OF ARTICLE VII, PARK AND RECREATION DEDICATION REQUIREMENTS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERaBILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. `WHEREAS. the City- of South -lake. Texas is a home rule ci^r actin, 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, the City has adopted Ordinance No. 483, as the Subdivision Ordinance for the CI'-,."": and WHEREAS, the City Council has determined that in order to provide for adequate land for parks, recreation and open space, it is appropriate and in the best interest of the City to amend Ordinance No. 483. to authorize the appropriate park land dedication requirements, or facilities, or improvements. or tees in lieu of said dedication requirements; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Subdivision Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLTi iCIL OF THE CITY OF SOUTHLAKE: SECTION 1. .=article VII of Ordinance No. 483 of the Cite of Southlake, the Subdivision Ordinance. as amended. is amended in its entirety and replaced by the following text: (4W ARTICLE VII PARK AND RECREATION- DEDICATION- REQUIRE-NIENTS 7.01 PURPOSE AND INTENT: The requirements for open space. park and recreational areas contained in this section are intended to ensure that there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents for open space and carks. In determining the size, shape and quality of open space and parks areas that should be set aside and reserved in the manner set out in this section. the City has considered the projected growth in population and development within the municipality and the amount of open space and park and recreational facilities needed to accommodate such growth as stated in the Parks, Recreation, and Open Space Master Plan. 7.02 APPLICABILITY: A. Unplatted Property-: This section, as amended, applies to all property for which a QW final plat has not been formally submitted to the City for approval, unless otherwise noted herein. B. Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this ordinance shall be exempt from the dedication requirements of this section herein if the residential dwelling remains on the lot. This exemption pertains only to the tract or lot with the existing residential dwelling. Any additional lots created by further subdivision of the property shall be subject to the requirements herein. C. Date of Assessment: All requirements contained in this section shall be assessed at the time of approval of the final plat of any applicable property. 7.03 LAND DEDICATION REQUIRE`IENTS: A. General: Land dedication requirements herein are based on the City's adopted Land Use Plan and the Parks Recreation & Open Space Master Plan. It is within the sole discretion of the City- to require a developer to show the anticipated land dedication L.ICTYDOCS'OPD,F[v.aL',SCBD['�"433F F[N.\ q�-rg (*Mwrequirements herein with the development plan. concept plan. preliminary plat or other appropriate development submittal. 1. Residential Developments: Based on the population projected to reside in the City of Southlake and the stated desire in the Parks, Recreation, and Open Space Master Plan adopted by the City Council to provide 21 acres of park lard for every 1.000 residents in an ultimate condition. park land meeting the requirements contained within this section shall be dedicated to the Cite at a ratio of one (1) acre of park land for even. forty (.40) residential dwelling units or prorated portion thereof. 2. Non -Residential Developments: Although non-residential development does not generate residential occupancies per se, it does create environmental impacts which may negatively aff_ct the lki;nv .?nv;rnnmant of flip. community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion. and provide separation of lighting. waste disposal, and noise by- products of non-residential operations and activities from adjacent residential areas. The City has therefore determined that non-residential developments must provide dedicated parks and/or reserved open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development or prorated portion thereof. 3. Off -site Dedications: A developer may dedicate the required park land for a development at another location owned by the same developer. Within the Citv with the consent of the City, provided that the off -site land dedication is in accordance with this section. B. Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the amount of land dedication required of a proposed development. the City may. at its discretion, apply former dedications which were in excess of the requirement at that L',M-DOCSORDTENALSLBDIV.433F FrN.WPD qA- Iq time to current or future dedication requirements of the same owner/applicant. A dedication or cash payment in lieu of dedication made prior to the passage of this Ordinance shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final plat has been submitted to the City for approval prior to the passage of this Ordinance. At the discretion of the Cite, any former oitt of land to the municipality may be credited under the terms of the current Ordinance to,.%ard eventual land dedication requirements imposed on the donor of such lands. 7.04 CHARACTERISTICS OF PARKLAND: A. General: The Park Board shall annually recommend to the City Council a summary . `L-C :.1- cter c°dedicated park land most desirable in meeting the objectives of the Parks. Recreation, and Open Space Master Plan. These characteristics shall be provided in an abbreviated written report to all elected and appointed officials, cite staff, and the development community, and shall be placed in Appendix 11 of this ordinance. In determining whether to accept or refuse the dedication of park lands, fees, facilities or a combination thereof as outlined in section 7.05 below, the Park Board and City Council shall consider this written report as a Guideline for such decisions. 7.05 ALTERNATIVES TO LAND DEDICATION: in anv case %where a dedication is required, the City shall have the right to accept the dedication as submitted for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula contained in this Section or to allow the developer to construct recreation or park improvements. The City may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. A. Fee Payment Alternative: 1. Approval of Fee Payment Alternative: The City Council shall, upon L:%CTYDOCS'.ORD'F[\'AL'.SUBDtV.433F FIv.W'PD In _ _ (41W, recommendation of the Park Board. determine the acceptability of a developers payment of fees in lieu of the land dedication requirement of this section. 2. Calculation of Fees: The City Council shall annually establish an acreage land value cost figure to be used in calculating park fees. This determination shall be based on a reasonable study and investigation performed annually. and may be performed b.: an independent registered land appraisal firm as to the average fair market value. as opposed to tax value, of acreage in the City. This figure shall be the acreage cost under which all park fees are calculated for the fiscal year. a. Residential Dwelling Unit Fees: Fees paid in lieu of dedication shall k- klcarl nn tlha Al,tATm;nPj ,-ncr of nnP (1) nrrp of land divided by fom- (40). for a resulting fee per residential dwelling unit. b. Non -Residential Development Fees: The fee payment alternative for QW non-residential development shall be calculated by dividing the determined cost of one (1) acre of land by fifty (50), for a resulting fee per non-residential acre cost. or prorated portion thereof. In the event the non-residential development is less than fifty (50) acres, the total acreage. net of perimeter right-of-way dedications, shall be divided by 50 to determine the prorated fee payment. 3. Collection of Fees: No building permit shaii be issued nor shaii any construction be allowed to begin until payment of any fees required by this section has been made. B. Physical or Equipment Improvements to Parks 1. Compatibility with Park .Master Plan: A developer may have the option of improving existing facilities within municipal parks or improving dedicated park land in lieu of park land dedication or payment of cash, based on recommendations made in the Parks. Recreation. and Open Space Master Plan. Should any of these options be exercised. the municipality and the L.'CnDOCSIORD\Fr�iAL.`.SUB DIV1433F FrNA PD qa -zi developer shall. prior to initiation of work on such improvements. enter into an agreement for credit of expenses for authorized park improvements. In no case shall the municipality be required to reimburse the developer if he chooses to improve parklands at an amount greater than required. Such a proposed agreement to provide facility improvements in lieu of dedication shalt be submitted in writing with the application for an,: required Concept Plan or Site Plan. In the event that no Concept Plan or Site Plan is required, the agreement shall be submitted with the application for the preliminary plat. 7.06 PRIVATE PARKS: If a developer desires to incorporate private park, recreation or open space areas or amenities within his development, he may request limited credit for these facilities against his public open space dedication reoi_[irements. A developer may request credit for any private park. recreation or open space area. but such private park. recreation or open space amenities may never satisfy more than 50% of the total park and open space dedication requirement of this ordinance. 7.07 APPROVAL PROCESS: A. Land Dedications i. Park Board Recommendation: The Director of Parks and Recreation or their designee shall report to the Park Board regarding any park land dedication issues arising from development appiications submitted to the City for approval. The Park Board may then make a formal recommendation to the Planning and Zoning Commission to accept or refuse any proposed dedicated park land prior to the Commission's action on the development. . 2. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission shall consider the recommendation of the Park Board in determining the acceptability of any land dedications proposed on any development. The Commission recommendation shall then be forwarded to Q, the City Council for final approval where applicable. L: CTYDOCS',%ORD`FI`AL. SUBD[V.433F FrN.W'PD 3. Final Plat Dedications: Where review- of development applications has resulted in the Citv's desire for land dedication. such land dedication shall be shown on a final plat and shall contain a clear fee simple dedication of that land to the City. B. Fee Payments in Lieu of Dedication and/or Facilities Improvements: 1. Park Board Recommendation: The Park Board shall make a formal recommendation to the City Council as to the acceptability of any proposed alternatives to park land dedication. 2. City Council Consideration: Upon receiving a formal recommendation from the Park Board, the City Council shall enter into an agreement with the developer for the provision of dedicated park land, fees in lieu of dedication, facilities construction or improvement, or a combination thereof as outli-ed below. a. Developer's Agreements: Developer's Agreements between the City and the developer shall include the following requirements as applicable: (1) Boundary Corners Established: Each comer of the park land to be dedicated shall be permanently monumented with 3i4" iron pins set in concrete. These shall be located and identified on a recordable plat or land survey completed by a land surveyor registered in the State of Texas and provided to the City by the Owner and/or Developer. (2) Utility Extensions to Park: A minimum size of 6" water main and sanitary sewer, where available, shall be extended to the park, in location(s) specified by the Director of Public Works. (3) Short-term Maintenance: The Owner and/or Developer agree that no construction materials shall be disposed of or deposited within the park by its contractor, subcontractors, L:'Crlc•D0CS!0RD1FENAL.'SC:BDIV.483F FIN.WPD JA4S employees or agents at any time while the subdivision is being built. If materials are deposited or disposed of within the park, the Owner and/or Developer shall be required to remove these materials within 72 hours of written notice by the City. Before the City accepts this land. the Developer shall remove all trash and dead trees. 7.08 USE OF FUNDS: A. Fund Established: Funds received by the City pursuant to this Section will be deposited in a special fund dedicated to the accumulation of monies required by this section. B. Permitted Expenditures: Nfonies placed in this fund may be expended only for the purchase, lease, or other acquisition of park and open space areas by the City of Southlake, the improvement and site preparation of such areas and sites, the extension of utilities to or within such sites, the installation of landscaping, play equipment or recreation improvements on such sites, and/or attendant engineering and planning costs associated with such park development. C. Inappropriate Expenditures: Monies placed in this find may not be utilized for any other general business activity of the City or for maintenance of park facilities. D. Authorization for Use of Funds: All expenditures from this fund shall be made in accordance with the City's Parks, Recreation, and Open Space Master Plan and shaii be approved by the City Council after a formal recommendation of the Park Board. L. CT`c"DOCS'ORD'Fr\AL'SUBDIb'.433F FrN.WPD JA -Z Q These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the City Staff. .APPENDIX 11 Guidelines for Park Land Dedication (approved by Park Board 5/12/97) A. Land dedication or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions. topography and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g., open space, linear space, trails, active recreation for team or individual sports, playground. etc. B. Natural areas or tloed plains «hich provide unique opportunities may be included in areas dedicated or otherv, ise set aside or reserved for open space or linear greenbelts. In considering any area for dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: Preserve area of unique natural beauty, area possessing unique natural features, or other ecologically valuable areas. 2. Facilities may be developed in partial fulfillment of required parkland dedication. Whether the area is proposed to be contiguous to an existing or proposed school site. -r. wtitvutu�wtt vi tuttu uGuwuuvu uuu Lc�1- -.3 putu ut ii..0 vi u wt'ivn -�i u.- (., iand dedication. 5. Where developments are contiguous, two or more required dedications may be combined to form a single, viable park area. -acreage dedication «hich would expand existing parks or recreation facilities. An applicant may transfer the required parkland in a subdivision to another location owned by the same applicant within the City of Southlake with the consent of the City Council. L.`.CTYDOCS'.ORD'FiN.0 SUBDIV4S3F FrN.W'PD qA -Zs (*Mw SECTION ? Any person, firm or corporation w v . t. rp on who iolates, disobeys, omits, nevlects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be tined not more than Five Hundred Dollars (S-500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlakke, Texas. except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances. in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is 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 S The Cit`• Secretary of the City of Southlake is 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 .aading of tii.i ;,ruir.azCC' and if us ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6 The City Secretary of the City of Southlake is authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 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. C' L:'CTYDGCS'GRD�FI\AL SLBD1V.43:F FiV.wPD qA.,2 & (woo" P ED AND APPROVED ON FIRST READING ON THIS 2L DAN' OF 1997. INLAYOR ON 412J ��% ATTEST: 0(0- A/MJA4 i. i VA l CITY SECRETARY Aj PASSED AND APPRO'VED ON SECOND READING ON THIS I DAY OF 1997. MAYOR ATT ST: ITY SECRETARY' APPROVED AS TO FORM AiV'D LEGALITY: 0& City Attorney O Date: i; ADOPTED: % EFFECTIVE: ? J_ - � Iff 7 L.,CIYDOCSORD`F NAL�S[BDIV433F FIN.WPD A GOODRICH, SCHECHTER & ASSOCIATES, LLC REAL ESTATE APPRAISAL AND CONSULTATION December 7, 1998 Mr. Curtis Hawk The City of Southlake, Texas 1725 E. Southlake Boulevard Southlake, Texas 76092 Dear Mr. Hawk: In response to your request, I have researched and investigated the residential land market in Southlake, Tarrant County, Texas. This letter summarizes my findings with regard to price/value of vacant residential land. Scope of Analysis and Research The scope of this analysis included research of land sales which were purchased for residential development. The search parameters were narrowed to only those sales which occurred in 1998 and were located within the city limits of Southlake. Tracts purchased by the Carroll Independent School District were not included. Sources used for information included the Roddy Report, Multiple Listing Service, the Tarrant County Court House, and conversations with active market participants (ie. buyers, sellers, brokers, Realtors), etc. Following this letter is information summarizing 16 land sales which occurred in Southlake this year. These sales were all purchased for residential development, either for a single house for a multi -lot residential subdivision. These sales have been separated by size, which influences use. Conclusions General Conclusions: There is strong demand for residentially zoned -land in Southlake. Values have increased significantly over the past several years. All sizes of land are in demand. There does not appear to be a difference in demand between tracts zoned Agricultural and those zoned with the single family categories. Most properties which have sold had municipal water, but not municipal sewer. This was not a hindrance for the small acreage tracts. The large acreage tracts which were purchased for subdivision development had sewer extended by the developer. The prices developers are willing to pay is very dependent on the accessability of utilities and the proposed infrastructure costs. The buyers of the sales identified as Sales No. 12 and No. 16 both stated that they were willing to pay a premium because the utility and street costs were less than typical. It was found in the market that tracts of all sizes with trees sell for more than tracts without trees. ne Acre Lots: Definite price breaks occurred after one acre, between about two and three acres, and again after five to nine acres. The lots containing one acre were located within platted subdivisions and 910 Collier Street, Suite 227 Fort Worth, Texas 76102 (817) 335-9415 Fax (817) 335-9421 • Mr. Curtis Hawk Page 2 sold for prices between $68,000 and $105,600 per acre. They were purchased by individuals. Lots with dense tree cover (Sale No. 5) sell for more than lots without trees (Sales No. 3 and No. 4). One to Three Acre Tracts: The tracts with one to three acres were generally un-platted. They were usually "carved" out of larger acreage tracts purchased several years ago (Sales No. 7 and No. 10). There is no market resistance to locations outside of subdivisions; however, the unit prices of the tracts outside of subdivisions were lower than those within subdivisions. These tracts were purchased by individuals. These sales contained 1.049 to 1.300 acres and sold for prices between $52,431 and $61,075 per acre. Three to Ten Acre Tracts: No clear pattern for size was shown by this set of data; a more precise pattern is shown by the types of buyers (individuals versus developers) and trees. The sale identified in italics was purchased by a developer for a residential subdivision. When compared with the sales purchased by individuals, it appears that developers are willing to pay a premium. Within this size range, the higher price is due to infrastructure costs. Due to the cost of sewer extension and economies of scale, it is not r:oritable for a ueve;o r to exuerd sewer to a sanaii acreage tract. This data set ranged in size from 3.005 to 9.998 acres and in unit price from $30,909 to $48,319 per acre. Ten Acres and Up: The fourth set of data detailed two assemblages which were purchased for development with residential subdivisions. These sales ranged in size from 26.892 to 32.183 acres and n unit price from $40,000 to $65,000 per acre. Thank you for the opportunity to assist you in this analysis of the Southlake land market. I have more specific details of all the data used in this analysis, as well as other data not included herein, to which you are welcome. I am available to discuss this study at any time. If you have any questions, please do not hesitate to call. Sincerely, GOODRICH, SCHECHTER & ASSOCIATES, LLC 5 0 Misty Goodri h, I .............. aaaaa a<g as e em CC v1 N O C, O 0 0 Zi V C %C pO t0 M O O O� O O O 'S! . �• K 4AA 4A ib4 O GA ir�9 GA 9 M M M i i iMA GA 00 O N O v1 O O O O op O �O t� t� C C% t- 1 b wl ,,yySJ v+ ? O O O p Op $ O O vOi O O O O O O O 0 0 0 0 0 0 O O a VOt C p aO0 Q b .b C O v� \O en 1+ oo q n V^9 6�9 Vq t- t- iA V► iA = N b N 49 iA fA M iA GA O O M M 60 a. 00 U U F N U N N N N N N N N ,� ^ rV u u u u u m Is m u u m Q w Y m m � Sm s m m 5 S O 7 7 7 O Gn 7 3 7 O 7 7 7 7 VJ cn On C7 CA to t� V e 3 O > 'C op rA ep 0 0 a ma cn H Q N N y Iti N y N V7 V1 cn W O M C — fn V7Z L1 V] Cn V] Z ? N V 10 f- 00 Ot 1 a 0 3 7 0 Qualifications Misty Ray Goodrich, MAI Address 910 Collier Street, Suite 227 Fort Worth, Texas 76102 (817) 335-9415 FAX (817) 335-9421 Present Work Misty Ray Goodrich is President of Goodrich, Schechter & Associates, LLC and is engaged in the counseling and appraisal of all types of real estate for governmental, corporate, finance and private clients. Her experience includes the valuation of various types of retail, commercial, multi -family and industrial properties, as well as urban land, special purpose properties, mixed -use subdivisions and single-family dwellings. Goodrich, Schechter & Associates, LLC is a real estate appraisal and consulting firm created to fit the needs of professionals and individuals needing real estate analysis and counseling services. The company offers appraisals, feasibility studies, highest and best use studies, counseling, testimony, etc. Education University of Oklahoma - Bachelor of Business Administration (Finance) Professional Affiliations The Appraisal Institute - Designated MAI (Certificate No. 8087) Young Advisory Council 1991 and 1993 Young Advisory Council Discussion Leader 1994 Appraisal Institute, Region VIII Chairman Regional Conference Committee, 1995 Region VIII Committee Member, 1991, 1994, 1997, 1998 Appraisal Institute, Central Texas Chapter Director 1999 President 1995 Vice President 1994 Treasurer 1993 Chairman Governmental Affairs Committee 1992 Chairman Education Committee 1991 — Chairman Admissions Committee 1989-1990 Chairman External Affairs Committee 1989 State Certified General Real Estate Appraiser Certificate Number: TX-1320505-G, Expires April 30, 1999 A Licensed Real Estate Broker, State of Texas, No. 0333774 Member - International Right -of -Way Association Former Member of Tarrant Appraisal District Appraisal Review Board Teaching Experience Ms. Goodrich has served as an instructor of Real Estate Appraisal for the Continuing Department of the University of Texas at Arlington and the Real Estate Training Institu Worth. Representative Clients Include Nations Bank of Texas, NA First National Bank of Grapevine Texas Commerce Bancshares, N.A. Tarrant County, Texas Tarrant County MHMR Sunbelt Savings Association AMRESCO Capital Corporation B irifet Resources Corporation Federal Asset Management Company The City of Euless, Texas Resolution Trust Corporation Comerica Bank - Texas Bank One, N.A. Citibank - Arizona Citizens National Bank Fort Worth Transportation Authority American Manufacturing Company Overton Park National Bank Texas Department of Transportation The City of Fort Worth, Texas Various Law Firms FDIC PARK DEDICATION REQUIREMENTS 31 24 24 citv Soul -cc Park Dedication Park Dedication Southlake Ordiance 483-F; Dedication requirements are one Development requirements are Section 7.05 (1) acre per forty (40) dwelling one (1) acre per fifty (50) gross units. Based upon fair market acres. Based upon fair market value or raw acreage costs value or raw acreage costs ($40,000/per acre). Fees are ($40,000/per acre). Fees are $1,000.00 per dwelling unit. $800.00 per gross acre. Allen Chapter 11, Article Fees are $130.00 per single- N/A IV, Parkland family unit and $110.00 per Dedication multi -family unit. Coppell Ordinance 185-A- Sum of $1,285.00 per residential N/A 2; Updated and lot. Each townhouse or multi - verified current family unit shall pay $1,285.00 fees with Staff. per unit. McKinney Chapter 40, One of three (3) factors N/A Subdivision determine the average per -acre Regulations; value of the total land included: Article IV • The most recent appraisal of Conveyance of all or part of property by land for CAD. Recreational Areas . Confirmed sale prices of all and Facilities. or part of property to be City Staff developed, or comparable in close proximity within two (2) years. • An independent appraisal of the whole property obtained by the city and paid for by developer. Fees are tied directly to the land value; consistency is achieved through land dedication requirements outlined in Master Plan: • 220 sq. ft. of park land per person: • Single Family Multiplier- 3.0 people per unit • Multi Family Multiplier- 2.4 people per unit. Arlington Ordinance 89-48 Fees dependent upon land N/A provides authority; values, differs by physical Staff provided location in the city. Range of actual fees fees include: • Neighborhood Park- $336.00-$471.00. • Linear Park Fee-$176.00. • Community Park Fee- $150.004214.00. • Total park fee assessed ranges from $726.00 to $797.00 per new permit issued. L:IParkRecIBOARDSICCIparkdedication.doc gQ • 33 PARK DEDICATION REQUIREMENTS Cit� North Source Proposed Park Dedic.ition 11equirelliellis Fees are $250.00 per dwelling Park Dedication Req tj i I -ell) ell ts-CoIll Illerciall N/A Richland Ordinanceunit. Hills Denton Park Donation The minimal fee is equal to '%4 of N/A Policy one percent of the construction value of the dwelling, as identified on the building permit. Flower Chapter 12: Land Fees are $500.00 per residential N/A Mound Development lot. Code -Section 4.07, Park Land Dedication Grapevine Grapevine Code; Fee amounts are determined by N/A Section 51, the fair market value of the land Appendix D- in each of the designated zones. Zoning. City Staff. The fees are as follows: • R20-$807.00 per lot. • R12.5-$1,071.00 per lot. • R7.5-$1,146.00 per lot. • R5-$1,416 per lot. Highland Ordinance 97-748; Fees are as follows: N/A Village Section III Community Park • $684 per dwelling unit for all service areas. Linear Park • $287 per dwelling unit for all service areas. Neighborhood Park • Area 1-$1,447.00 per dwelling unit. • Area 1I41,097.00 per dwelling unit. • Area III-$0 per dwelling unit. • Area IV-$1,025.00 per dwelling unit. Fees are cumulative per dwelling unit, dependent upon zone. Keller City Staff Fees are $500.00 per residential N/A dwelling L:lParkRecLSOARDSICCIparkdedication.doc / A, 54 Lity of boutniaKe, i exas MEMORANDUM April 1, 1999 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Policy for Neighborhood Traffic Calming Action Requested: Discussion of a policy for neighborhood traffic calming. Background Information: This item was originally discussed as a policy for speed humps and other traffic calming devices with the City Council at the October 13, 1998 Special City Council Meeting. Revisions to the policy were then distributed to the City Council on October 30. The City Council directed staff to address the traffic concerns in the Coventry Manor Subdivision and the Shady Lane area 4- zneed h„rnn policy as test cases. Meetings were held on November 5, 1998 with the Coventry Manor residents, and on November 9, 1998 with the Shady Lane residents. As ir_d;cated in the draft policy, the goal of the first meeting is to obtain input (low from the residents regarding their traffic concerns and educate them about traffic calming options. Residents in both areas indicated there is a high level of cut -through traffic and speeding throughout their neighborhood. Speed humps were presented as the most viable option to resolve the traffic volumes and speeding. The reaction from residents at both meetings was against installing speed humps. An immediate solution offered to the residents of Coventry was for the patrol officers to monitor the traffic on Turnberry Lane and Coventry Lane to enforce the 25 mph speed limits. A suggestion for the Shady Lane residents was for the Department of Public Safety to obtained additional statistics regarding the traffic volumes and speed along the Shady Lane. Despite their request for speed humps, the negative reactions from the residents regarding speed humps indicates the policy should pursue a more general approach for traffic calming devices. This policy has been revised from the original policy on "speed hump and other traffic calming devices" to address a more general approach to traffic calming. Financial Considerations: Implementing a policy will not have any financial implications. As addressed in the policy, the decision to install traffic calming devices will likely have financial implications, which will be brought forward to the City Council as they arise. /0,04- 1 A 24 Citizen Input/ Board Review: Since the initial meetings, staff has held follow-up meetings with Shady Lane to report the results of the traffic studies. This meeting was held on March 9' as a SPIN 6 meeting, and there were only four people in attendance. . The residents in Coventry Manor submitted a petition at the end of January requesting traffic calming devices in the form of islands and raised cobblestone strips. Staff designed plans for these traffic calming devices and presented them to the residents of Coventry Manor on Wednesday, March 31. Legal Review: Not applicable. Alternatives: This is a policy recommendation to allow the City Council and staff to address traffic calming requests in a consistent and uniform manner. The draft policy can be revised according to the results of the discussion with the City Council. Su--crt;n-s YY" 1"a Documents: Draft Policy for Neighborhood Traffic Calming. Staff RecoTr-nPndatior; please place this discussion item on the April 6, 1999 City Council Agenda. Approved for Submittal to City Council: /"-a City of Southlake Policy for Neighborhood 'Traffic Calming The City of Southlake's Neighborhood Calming Traffic Program is designed to help provide relief to neighborhoods from the impacts of speeding and through traffic. Public Works staff meets with neighborhoods and helps to identify the problems well as suggest possible remedies. I. Purpose Speeding and unsafe driving practices on residential streets have become an increasing concern to the City of Southlake residents. Excessive speeds jeopardize both the safety and livability in the neighborhoods. Proposed traffic calming programs will be designed to meet the needs of a particular situation, and the actual features, spacing, layout, and other elements of the overall design will be determined by the particular circumstances of the case under consideration. This policy focuses on the installation of various traffic calming devices, and provides a description of the devices that can used t0 cahil itai lc along neighborhood streets. This policy is designed to provide reasonable opportunities for the installation of traffic calming devices for specified types of residential streets based upor. tech- ical criteri :, tl:- ,, degree of support from the residents along the proposed street, and the street conditions. The City will analyze the traffic problem reported by a neighborhood to find the appropriate device to meet the specific needs of the community while placing emphasis on traffic calming devices which are self -enforcing, comparatively inexpensive, and effective in reducing speeds and cut through traffic. II. Eligibility Requirements for the Installation of Traffic Calming Devices For a street to be considered for installation of a traffic calming device in the City of Southlake, the proposed street must meet the following technical guidelines: A. The proposed street must be classified other than an arterial or collector street as specified in the current City of Southlake Thoroughfare Plan. B. The proposed street should have no more than two traveling lanes, one in each direction. C. Traffic volumes on the proposed street must be more than 500 vehicles per day, but less than 4,000 vehicles per day (vpd). /O4- 5 Traffic Calming Policy 3/25/99 Page 2 D. The proposed street shall have a posted or prima facie speed limit of 30 mph or (W less as determined in accordance with state law. E. The 85`h percentile speed of the traveling traffic on the proposed street must be greater than 35 mph. F. The street must not be an identified primary route for emergency response vehicles. City Council may waive any or all eligibility requirements based on special hazards or needs. Additionally, Consideration will be given to partial payment by neighborhoods for the installation of traffic calming devices on streets not meeting all the eligibility requirements. III. Application Procedure A. Application for Traffic Calming Devices Individual residents or Neighborhood Associations (hereinafter referred to as applicant) can initiate requests for the installation of traffic calming devices along their street (Attachment 1). The request must be submitted in writing, including at least five (5) additional signatures (one per residence) of residents along tl:e Qe proposed street. To receive an application, please contact the following: City of Southlake Director of Engineering 1725 E. Southlake Blvd. Southlake, TX 76092 481-5581 x. 741 B. Traffic Calming Evaluation Plan After an application for traffic calming has been received, the City will initiate the adopted traffic calming evaluation plan. (Attachment 2). After the first neighborhood meeting, the city staff will conduct an investigation to determine whether the operational and geometric characteristics of the proposed street meet the eligibility requirements for traffic calming device installation. If these guidelines are not met, the street will not be considered for installation of a traffic calming device, and the applicant will be notified. There will be an evaluation to determine whether alternative traffic calming devices may be more effective on the proposed street. Consideration will also be Q., /D/9- Z/ Traffic Calming Policy 3/25/99 Page 3 given to whether or not the situation warrants the installation of traffic control (40., devices (i.e.: stop signs, speed limit signs, etc) instead of traffic calming devices. C. Petition Process A standardized petition form will be prepared by the City to identify all the property owners within the impact area. The petition will determine the level of agreement among property owners within the impact area. One petition will identify those property owners within the primary impact area and a second petition will identify those property owners within the secondary impact area. The applicant will be responsible for circulating the petition and information describing the traffic problem and petition procedures to be followed for property owners in the impact area. Support from two-thirds majority of property owners within the primary impact area, and one-half (50%) of the property owners in the secondary impact area is required iu histaii tra ffic-cahmng devices. Once the City has received the signed petition, a public hearing will be scheduled for a decision by the City Council. r� r...... + n 40" The impact area is defined as those residents which are negatively impacted by excessive through traffic volumes and/or speeding within their neighborhood. The primary and secondary impact areas are defined below: Primary Impact Area: The primary impact area is defined as those property owners along the proposed street. 2. Secondary Impact Area: The secondary impact area is defined as those property owners along the other neighborhood streets that connect to the proposed street. Each household, business, school, etc. within the primary and secondary impact areas is entitled to one signature on the petition per address. Non-resident property owners are included in the petition process. Residents who are not property owners are not included in the petition process, but will be invited to all public meetings. In the case of one property owner with multiple properties within specifically affected area, that property owner will be provided 1 vote for each parcel they own. IV. Traffic Calming Location Procedures A. Positioning Traffic Calming Devices /DAB Traffic Calming Policy 3/25/99 Page 4 (40" The City of Southlake will determine the location of all traffic calming devices in accordance with these guidelines and safe traffic engineering principles. Consideration should be considered to the following general placement standards: 1. Traffic calming devices should be placed an adequate distance from intersections, stop signs or tight turns. 2. Traffic calming devices should be spaced adequately apart to manage speeds along the street. 3. The final positioning of the device should take into consideration the distance from driveways, property line locations, man -hole and fire hydrant placement. 4. Location of traffic calming devices should not impede proper drainage. 5. Traffic calming devices should be located near street lights to illuminate them at night. Installation of devices should take advantage of existing or planned R icci iigiliiiig. 6. The City of Southlake may restrict parking for within a defined distance for some traffic calming devices, if deemed necessary. 7. Placement of traffic calming devices should not limit visibility of device or roadway. 8. Traffic calming devices shall be placed within an adequate distance of a traffic signal, stop sign or yield sign or an uncontrolled intersection. B. Warning Signs Proper warning signs should be installed to notify motorists of the traffic - calming device. 2. A temporary (two weeks) warning flag should be placed on the approach side of each sign to add an animated impact to the signs. Speed advisory signs stating the recommended speed limit (20 mph) may be installed for some of the traffic calming devices to warn motorists of traffic calming. C. Pavement Markings 1. Pavement markings may be needed to increase the visual impact of the traffic calming device by increasing motorist awareness. Traffic Calming Policy 3/25/99 Page 5 Q,,, V. Project Prioritization After the project evaluation plan has been completed and it has been determined that a particular traffic calming device will be installed on a proposed street, the street will be placed on a priority list for construction of traffic calming devices. A priority ranking based on a point system will be assigned to the proposed street depending on existing speeds and traffic volume; average number of speed -related accidents recorded by the Southlake Public Safety Department; and the presence of schools and other pedestrian - generating facilities such as parks, schools, etc. along the proposed street. The number of points assigned to each criterion for purposes of Project Prioritization are summarized in Attachment 3. The proposed streets with the greatest number of points will be given top priority. Among those with the same rank, higher priority will be given to proposed streets with the earliest application date. Prioritization does not apply for those streets in which the City Council deems it necessary to waive the eligibility requirements. In these cases, a higher priority will be given to proposed streets in which residents are willing to share costs associated with 'tile installation of traffic calming devices for those streets not meeting all the eligibility requirements. VI. Cost Responsibility The City of Southlake will bear the responsibility of the cost for traffic calming device installation, but it will be a City Council decision to consider the funding implications for the recommended traffic calming device. The City Council may give consideration to sharing costs with neighborhoods for the installation of traffic calming devices on streets not meeting all the eligibility requirements. VII. Traffic Calming Device Removal Criteria Traffic Calming Devices will be removed only when all of the following criteria have been met: A. The residents must apply for the removal of traffic calming devices. B. The traffic calming device must have been in place for an adequate review period (typically twelve months) before considered for removal. /D"4- 7 Lq A A Traffic Calming Policy 3/25/99 Page 6 C. The same criteria for installing traffic calming devices will be followed for the removal of traffic calming devices. A two-thirds majority petition of the residents of the impact area stating that the traffic calming devices no longer meet their needs and that they want them removed must be presented to the City. D. Staff will estimate the cost of removing the device and restoring the roadway to its original condition, after which the property owners of the impact area must demonstrate their willingness to pay, or E. City Council may direct staff to remove the device due to public safety concern. VIII. Types of Traffic Calming Devices The recommendations for traffic calming will be based upon the circumstances of the case at hand and the best design practices. Some of the traffic calming measures that may be recommended for use in the City of Southlake are described in this section. All traffic calming plans will be fully explained to areas considering and/'or requesting traffic calming. A. Speed Humps Speed humps are raised sections of the roadway constructed to reduce vehicular speeds. The hump has a width of approximately 22 feet and is 3-4 inches high at its center. 1. Purpose The primary purpose of a speed hump is to reduce speeding and cut through traffic. 2. Eligibility Criteria Speed humps are only applicable on streets classified other than arterial or collector streets, with only two traveling lanes. 3. Advantages a. Self -enforcing. b. Comparatively inexpensive to other traffic calming devices. c. Effective in reducing speeds and cut through traffic. I• i Traffic Calming Policy 3/25/99 Page 7 4. Disadvantages a. Requires appropriate signage to properly warn motorists. b. May have impact on emergency vehicle response times. c. May have a physical impact on vehicle crossing over hump at higher speeds. B. Traffic Circles Traffic circles are circular raised islands placed in the center of an intersection. The size and shape of circles are typically 20 to 25 feet in diameter, but they can vary as determined by the physical construction of the intersection. 1. Purpose The primary purpose of a traffic circle is to divert traffic back onto collectors tA114 Ul l\.L1K1J. lily} Za — nl:;V �v aAJCu w Another important purpose of a traffic circle is to reduce speeding. 2. Eligibility Criteria (41W Traffic circles are only applicable at intersections within residential streets. Recommended for uncontrolled intersections where vehicle right-of-way may be uncertain. 3. Advantages a. Reduces vehicle speeds at the device location. b. Reduces collision points and severity when accidents occur. 5. Disadvantages a. High installation costs. b. Precludes bicycle accommodation. c. Causes deviation from straight line path. d. Affects fire response time and school bus turning radius. C. Chokers, Curb Extensions or Chicanes /494- 9 Traffic Calming Policy 3/25/99 Page 8 Chokers, curb extensions or chicanes are various methods of narrowing the roadway by extending raised curbs into the street. Chokers and curb extensions are typically at intersections. They can be used to reduce speeds at the location of the device or redirect traffic by prohibiting two way traffic flow. 1. Purpose The primary purpose of curb extensions, chokers and chicanes is to provide a visual cue to motorists that they are on a residential street. Curb extensions also enhance the pedestrian crossing points. 2. Eligibility Criteria These must be placed on neighborhood streets. Curb extensions can be installed at intersections or mid -block. They may be used in conjunction with other traffic calming devices. '1 A -I _ -. ruvL Ld6es a. Reduces pedestrian crossing distance. (41W h. Fa�ilitatPc trancit lna�linj gnu ttnl�a�linj c. Prevents g assin of turning vehicles. P d. Requires no deviation from a straight line path. 4. Disadvantages a. High installation costs. b. Precludes bicycle accommodation. c. Eliminates parking along street. d. Maintenance cost can be high if landscaped e. May negatively effect drainage along the street. Other chokers or intersection redesign measures can take the form of semi- diverters or diagonal diverters. Semi-diverters limit access to a street from one direction by blocking half the street, especially if one direction of travel predominates on a street. Diagonal diverters place a barrier diagonally across an (44., /Ds4-/D Traffic Calming Policy 3/25/99 Page 9 intersection, disconnecting the legs of the intersection. These devices are (am" effective in reducing volume. D. Mid -Block Medians or Islands These devices may be effective in reducing speeding and cut -through traffic and provide good landscape opportunities. They are similar to traffic circles, but they are elongated and are constructed in the middle of blocks. 1. Purpose The primary purpose of a mid -block median is to slow speeding and reduce the number and severity of vehicular accidents. 2. Eligibility Criteria The design of the median should be constructed to allow traffic to pass in both directions. They may be used in conjunction with other traffic calming devices. 3. Advantages a. Prevents passing. b. Separates opposing vehicle travel lanes. c. Provides visual enhancement of roadway. 4. Disadvantages a. Expensive if landscaped. b. Limits parking along streets. E. Rumble Strips Rumble strips are raised bands of material (typically reflectorized pavement marking tape) placed across the roadway to create a sound or vibration to alert motorists of upcoming situation requiring them to slow down or stop. Rumble strips are spaced approximately 2.5 to 4 feet apart. 1. Purpose Lai Traffic Calming Policy 3/25/99 Page 10 The primary purpose of rumble strips is to slow speeding motorists. This traffic calming device typically acts as a warning signal to motorists. 2. Eligibility Criteria The design of the rumble strips should take into consideration the location they are place in relationship to residents. They are generally applicable only where there is no close residential frontage. They may be used in conjunction with other traffic calming devices. I Advantages a. Slows speeding traffic. b. Notifies motorists of upcoming traffic calming devices. 4. Disadvantages a. Noisy to residents in close proximity to rumble strips. b. Reduces speed temporarily. /0,4- /a. Attachment 1 CITY OF SOUTHLAKE Application for Traffic Calming An individual may request for the City of Southlake to install traffic calming devices along their neighborhood street. The request must be submitted in writing, including at least five (5) additional signatures (one per residence) of residents along the proposed street. Name of proposed street Description of Problem: Name of Applicant: Address: Phone Number(s): (Home) (Work) Please provide at least five (5) additional signatures from residents along the proposed street. These signatures must be from a household, business, school, etc. located along the proposed street. Name Address Phone Number(s) Signature 1 2 3 4 5 Please forward this completed application to: City of Southlake Director of Engineering 1725 E. Southlake Blvd. Southlake, TX 76092 481-5581 x. 741 Please review the policy for neighborhood traffic calming. Contact the Public Works Department to obtain a copy of the policy. 1o,4ri3 ATTACHMENT 2 ON SUGGESTED TRAFFIC CALMING EVALUATION PLAN Identify the problems through various sources such as citizen and/or Council input, traffic issues, etc. 2. Contact the neighborhood with formal notice and provide them with education and awareness programs concerning traffic calming devices, and provide them with enough information, including the city's POLICY FOR NEIGHBORHOOD TRAFFIC CALMING for their consideration. It will be emphasized that a majority of neighborhood residents written support will be required for continuing this process. 3. Initiate the POLICY FOR NEIGHBORHOOD TRAFFIC CALMING. Provide for traffic and engineering analysis for designation of affected areas aiong with establishing a recommended type of device with estimated cost of installation. 4. Staff will meet again with the neighborhood and provide them with the findings of the traffic and engineering s.u'dy. i`rr'ii-.Lcn suppoi fOr the (60" program from the neighborhood should have been received by the appropriate Staff and/or City Council member. OR 5. Public hearing that will allow Staff to inform Council of the appropriate plan with the cost estimates. This hearing will also allow citizens to voice their continued support, ask questions, and provide opposing views. Prior to the hearing date, formal notice will be sent to all residents in the affected neighborhood. Notice will inform the residents of the public hearing to discuss the proposed traffic calming plan. Council will provide direction and approval of specific plan and expenditures. /,!94-114 ATTACHMENT 3 Project Prioritization Criteria CRITERIA QUANTITY POINTS ASSIGNED Accident Criteria < 3 1 (Total Number of Reported Accidents Over a Period of 3 Years) 3 or more 2 Speed Criteria < 2 0 (Speed difference Between 2-4 2 85th Percentile Speed and 5-7 4 Posted Speed Limit mph) 8-10 6 >10 8 < 500 1 Traffic Volume Criteria 500-1000 2 (Vehicles Per Day) 1000-2000 3 2000-4000 4 Schools (Located Along the 1 1 Proposed Street) Pedestrian Generator 1 1 Facility Criteria (Located Along the Proposed Street) 2 or more 2 Sidewalks on Project Street 0 1 L City of Southlake, Texas MEMORANDUM April 1, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Traffic calming strategies for Coventry Manor and Shady Lane Action Requested: Consider the request by Coventry Manor homeowners that the City construct landscaped islands (medians) and raised cobblestone areas along Coventry Lane and Turnberry Lane to hopefully slow down traffic and discourage traffic from driving through the neighborhood. Background Information: In the fall of 1998, the City received requests from residents in Coventry Manor to install speed bumps along Turnberry Lane and Coventry Lane and a request from homeowners in the Shady Lane area to install speed bumps along Shady Lane. After receiving these requests, the City staff developed a policy for processing requests for speed bumps because it was anticipated that the City would receive other requests for speed bumps from other neighborhoods. This policy was presented to the City Council on October 30, 1998. In accordance with the policy, the city staff met with the two neighborhoods separately and discussed with the homeowners the potential use of speed bumps by the City in their neighborhood. After the City staff s meeting with the two neighborhoods, both Coventry Manor homeowners and Shady Lane homeowners informed the City staff that they did not want speed bumps. They did however desire some other type of traffic calming technique to be used to slow down the traffic and discourage traffic from driving through their neighborhood. In January, the City staff received a petition from homeowners in Coventry Manor requesting that the City construct landscaped islands (medians) and raised cobblestone areas along Coventry 10B-1 Lane and Turnberry Lane in Coventry Manor in. hopes of slowing down and/or discouraging cut -through traffic between Peytonville Road and Shady Oaks Drive. The City staff has designed a series of raised medians, approximately 50-feet long and five feet wide that could be constructed along the centerline of Coventry Lane and Turnberry Lane. The design calls for concrete pavers or stamped concrete to be placed in the raised medians. The design of the raised cobblestone areas is still being pursued. The City staff met with the Coventry Manor homeowners on Wednesday night, March 31, 1999 and discussed the proposed landscaped islands (medians). The concensus of the property owners was they did not want the medians. The property owners are going to submit a letter as to their preferences regarding traffic calming in their neighborhood. The Coventry Lane and Turnberry Lane route is the only east - west street between North Peytonville Avenue and Shady Oaks Drive between fM 1709 and dove Street. -f his route serves as a collector street even though it was not designed as a collector. The construction of medians and raised cobblestone areas may help to reduce speeds, but they are not expected to significantly reduce cut -through traffic. If he reai solution is a properly designed collector street, constructed south of Coventry Manor, extending from North Peytonville Avenue to Shady Oaks Drive to Whites Chapel Boulevard. This will provide access to and from the schools and residential areas. Funding engineering planning and design this year would help expedite the construction of this much needed east -west collector street. It is also recommended that this collector street be added to the master thoroughfare plan at the first opportunity. Financial Considerations: The estimated probable cost of the islands/medians as designed is $40,000. The estimated probable cost of the raised cobblestone strips (approximately four) is $2,500 each, or $10,000 total. Citizen Input/ Board Review: The citizens of Coventry Manor subdivision have submitted a petition for the City to construct these traffic calming devices. Legal Review: None. Alternatives: There are three alternatives in this matter: approve it, deny it, or (a., modify it. 10B-2 Supporting Documents: Design sketches Summary of Shady Lane Traffic Survey Memorandum Staff Recommendation: It is recommended that this request be placed upon the Council agenda for April 6, 1999 for Council consideration. Charlie J. T omas Deputy Director of Public Works Approved for Submittal to City Council: ity anager's Office A 10B-3 TRAFFIC CALMING MEDIAN 9.5' 2.0 0 CONCRETE CURB/ ASPHALT 50' 31' 5' 119.5' 2.0' TYPICAL CROSS-SECTION CONCRETE CURB 1 (low, 2.0' ASPHALT ROAD " 24 2.0' PLAN 10B-4 DIAGRAM OF TYPICAL RUMBLE STRIPS Area to be reinstated I Seml-cry grade C25P Concrete nano details Sec;:an A -A 10B-5 a Ezistlnq Kerm Ezlstlno chennef blocks to be repfacee as necessary bT type C5 p=c channel blocks Mitred and returned etas City of Southlake, Texas MEMORANDUM March 26, 1999 TO: Bob Whitehead, Director, Public Works FROM: Gary Gregg, Deputy Director, Police Services SUBJECT: Summary of Shady Lane Traffic Survey As you are aware, we conducted a briefing of the Shady Lane traffic study for the SPIN 6 rep, Steve Csonka, and several other interested members of SPIN 6. I have attached Sgt. Daniels' memo synopsizing the results of the study, along with the raw data. If you have any questions, please do not hesitate to contact me. MEMORANDUM January 20, 1999 TO: Barry Hinkle, Lieutenant Police Services FROM: Rusty Daniels, Sergeant Police Services SUBJECT: SITADY LAI E TRAFFIC ASSESSMENT Based on the concerns of area residents a traffic assessment program was conducted on Shady Lane. Shady Lane connects State Highway 114 with N. Kimball Ave. Since being recently resurfaced, it was reported that Shady Lane was being used more frequently to bypass the traffic signal at Kimball and 114. Consequently, the agency has received numerous complaints regarding speeding vehicles. This assessment program consisted of three phases: 1. Evaluation of traffic flow utilizing speed-mnonitorinj e lninment placed it strnteaic locations. 2. Intense enforcement of the posted speed limit. 3. Re-evaluation of traffic flow utilizing speed monitoring equipment. Upon completion of this program we would add this area to our random enforcement program NIondav November 16-21, 1998 Evaluation phase 1000 block Shady Lane southbound vehicles. • 4295 vehicles had been logged Average speed of 21.95 mph • 85`' percentile at 28mph Mondav November 23-28, 1998 Evaluation phase 500 block of Shady Lane north bound vehicles. • 4133 vehicles had been logged • Average speed of 28.79 mph • 85 h percentile at 35 mph r 10B-7 Barry Hinkle, Lieutenant Police Services Shady Lane Traffic Assessment January 20, 1999 Page 2 of 2 Mondav November 30, 1998 — December 18,1998 Enforcement phase began. • 21 speeding citations • 7 citations for non-moving violations • 49 warning citations (no citations were issued for speeds less than ten miles per -hour over the posted speed limit per departmental policy). • 80% of those citation issued were issued during the first week Mondav December 28, 1998- January 02, 1999 ire-evaivadon pease 500 block of Shady Lane south bound vehicles. • 2620 vehicles were logged • Average speed of 28.25 mph • 855' percentile was at 34 mph ,, Tuesday January 05-12, 1999 400 Shady Lane north and south bound vehicles. A "Traffic Counter" was strategically placed in order to further address the concerns of area residents. This equipment is bio directional, counting the number of vehicles passing, and conducts speed calculations as well. • A total of 4421 vehicles were logged • Average speed was 31.87 mph • 85" percentile at 41.25 mph Upon completion of this program, Shady Lane was placed on our rotated enforcement program If you have any questions you can contact me at extension 838. Rd/rd cc: Billy Campbell, Director of Public Safety Gary Gregg, Director of Police Services c. T d 0 I� m m m C o m m m CD a CD > O Ca CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 O N O fO L O L O O Lf) tt M Cl) N N r r to O W O O T fSol y C M CD T N T Cn ca W T N O C cc m N U N co O O T C N 0 N O Z CID O O T N m O Z 0 0 0 0 0 0 0 0 0 0 W) o uri o o ui o 41 o qq st Cl) C) N CV r r April 1, 1999 Dear Mr. Whitehead, On behalf of the Coventry Manor Homeowners, we cannot thank you and your staff enough for the time and attention you have given the serious traffic problem in our neighborhood. We appreciated the opportunity to meet with you in a forum that allowed us to voice our concerns and review options with you. The overwhelming attendance at both meetings, more than demonstrates our concern and interest in coming to a quick and effective resolution with the City's help. Our immediate concern is the desperate need for visible Traffic Control Officers in our neighborhood. While we understand that the city is in the process of hiring Traffic Officers to bring them up to staff, the only short-term solution is Officer presence. In light of the fact that Coventry Manor is being used as a traffic calming test area, we request that we be given immediate priority to Traffic Officers in the short term. (W During our meeting with you on March 31 st, your staff presented many long-term options to us. As you are aware, an overwhelming number of Coventry residents felt that the medians were not a workable solution. The option of additional stop signs placed at side streets was also discussed at length, but as we all agreed, stop signs are traffic control devices, not calming devices. The area that both your staff and our neighbors had the most positive discussion on was the possibility of raised cobblestone areas that would slow traffic but would not rise to the level of a true speed bump. We would like your office to proceed with a more detailed look at these raised areas as a solution. Ultimately these raised areas would require limited signage, but would in no way impede Public Safety Vehicles and would conform to all visual requirements. As we quickly move together toward solving this very serious issue, we want to assure your office and City Council of our support and appreciation. Please feel free to contact any of our board members if we can be of any assistance at any time. Thank you again for your efforts in trying to make Coventry Manor a safe neighborhood for our residents and most importantly, for our children. Sincerely, Board Members, Coventry Manor (4., BM/rmt Home Owners Board Douglas Mayer ........ 416-1 157 Mike Baldwin ......... 329-5600 John Willard ..........329-6150 Gavin Phillips ......... 488-2591 Laura Hill ............ 251-1982 -Wye s i tD i in L' ) Lei �- Ld - y `=� Lil X I :ram 0 i� (- - I 0n � 0 I 0 _ _ 1 tom"' I 0 fm on < L � a <��CI Lj I Imo--- LLJ 0 � D z i �1 0 Im ' < 1 j I f I Y :_AND 1 I� 6 t_0 LIJ ! S _1 " ) _Ld_i L-ij a: 0 ,.._ i o t I LAC) L�1 C j t� L Q I _ j/ j < 0- Uf _S a _ a Ljj 0 `\i LL (2:1 - - C L_Lj L, < a ( {I '� ! _ L�s�� � #fa €1 7 iQi t1°t 1 ( } i 7 i I i t !y S STk 0+ 0 P F RE N t s PVI ST 0+40 PVI STA 0+ PVI ZLEV 655.00 PVI ELEV 6' € 1 50' 4% _ 1 +00 135' TP52.57C-1 $ P52.76 , 0 F OVA NVAAND j13P52.59 t I TF 50.85 cv P50 49 .1tt t F Lo a 1 } TP5 .27 P51.09 ca 1 [ 1 I � o � CD 7 V Z \ j ; J t TP49. k I ➢ { 00 URd R _toI `.''I- (E F E C.IH T E L 0R PROP. �.V.- 1.81 TP50.( _ I.. 18" CL III RC ® .40% LINE B" J P47 A. 1E+30 !) �B I _ cv iVA _ f PROFI. 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CURB INLET EXISTING CONTOURS 650 PROPOSED CONTOURS TP PROPOSED SPOT ELEVATIONS FLOW DIRECTION W`m SCALE:-0 POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRE ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 ----- FAX: (214)954-0855 DEVELOPER: COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER B BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER 6 WALTER P. MOORE & ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX:.(972)248-3855 M/E/P ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BLBP ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-5186 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214) 965-1363 3 29.99 NO. DATE SUBMISSION 03.01.94 S-P-I SUBMITTAL 03.29.9q REVISIONS SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEXAS GRADING UTILITY PLAN ZA-99-025 SCALE: 1 " = 40' NORTH 2 PHASE 120 BLOCK 10 BLOCK 97074.08 2 of 6- JOB NO. SHEET i � I 100' 9 t R. . 1 d CD _ �_#- '•-i f t i._1..1 %f) £ ,._.J � ✓ < L.L i : C ' 12' 2 ' 16 1 27' ° ��O' £ LL ..._J { 5/ I.P( r 1 f i r C13 - M1XED UE BLOCK 11 HE FE'--'HTL.L GROUP 260.02' 6 14y -9y 255' PROP. ASPHALT) _ POST AVENUE PVM'T. (TYP) �62.5' ROW) 10' MASONRY COLUMN 00 WITH DECORATIVE METAL Q\ 13N ° INFILL FENCE WITH 5 NDSCAPE SCREENING �<% A 17' o, ,f 3 ~~ `._ ! i 225.51' `." _". .'_" . . W _LJ } - j �) ' A ', CURB & G _"_ " W"_ .. .". » _ .".'>".F. „"..", X: < y_. MU WITH E.I.F.S. FINIS 14 4. . j °° r O € 100 H WITH PAI Ex GALVANIZED STEEL GATE~ -' ` r E j 1 10 14 14 j cif LU P. ® 6' 6' ..i� � i,�._ / v CITY A ROV D j 13_ ~ ". BM #S I-55 ( ; i 1 P OP. ASPHALT ^ P _ . - 13' 13' 7' 19% N:7 029£ 571. 95 I 1 `' P M'T. (TYP) - - 108.50' Q E:2,387�604. 34 I { �, 1.33 59.57' 73:4` . " ! ELEV.=656.8 O !�^� , �°' 5 .5 . a . _ r , % F l 6 Rer�cK V�N1GL . J / y ."GHAIN«LIAII�»FEtgGE_„ UJ UL i I ? u? ❑` . " _ _ (EVERGREEN. V114E " . ' 2 I i � { i ! 11 7.5' " _ OVFRED) " " c, %r�/ , ' ' ( 25 117.5 � � I � I � ", 50' ET BACK L ; L ! - FOR BLDG. 108 1 in- LLi BUILDING Lei c$ 7� _ ST __.1 LiJ `�•.y �y,,. I ' t_ LJ < U LM ; I I ' Cil 1. ;.LO ^ o Lq 10 o6 C/? < i I 0 ® f # I i , �ryp i 13 6' CONCRI'i i I , I i I SIDEWALI�tr(B 00 FINISH) I 1 - ROP. 6- CO RB & GUTTER l b- CJJ A , ipp AEJ 0 1 10Ln PROP. ASPHALT-' t 1 s ti PVM'T. (TYP) `� L.LJ �`- F 20 - ( 1 ` i L s 1 X 3�2' B _ ! i; SET } K 10 CV rn r?i10 11 ffltp !B1F E YARD-` ° Li SINGLESTORY '(7i ball ) ^. l i I ;.40 cc 5 8 -I.P.S. 1 ' i 22' PL/GR gip, l� £ - 1 32.07' 122' � ,r t Cn LS.J Y_ < Lam! L i.I 0 C cn �>°= -- L, LJ L_'J < ? 1 L ro L 3 I S t i i s y � I t i E � ; a 225't -TREE WELL PL(TYe•) SITE DATA SUMMARY LOT 1 LOT 2 TOTAL Existing Zoning C-3 C-3 C-3 Proposed Zoning S-P-1 S-P-1 S-P-1 I L.U.D. Mixed Use Mixed Use Mixed Use Gross Acreage 345,430.80 S.F./7.930 Ac. Net Acreage (Less Streets) 116,644 S.F./2.678 Ac. 128,872 S.F./2.958 Ac. 245516 S.F./5.636 Ac. Area of Open Space (1) 20,460 S.F./O.469 Ac. 32,420 S.F./0.744 Ac. 52,880 S.F./1.214 Ac. % of Open Space (2) 17.54% 25.15% 21.54% Area of Outside Storage 0% 6,966 S.F. 6,966 S.F. % Outside Storage 0% 5.4% 2.84% Area of Impervious Coverage 96,184 S.F. 96,452 S.F. 192,636 S.F. % of Impervious Coverage 82.46% 74.85% 78.46% I Total Building Area 37,146 S.F. 21,677 S.F. 58,823 S.F. 1 S.F. Broken Down by Use (3) - Retail 27,126 S.F. 0 S.F. 27,126 S.F. - Restaurant 1,480 S.F. 0 S.F. 1,480 S.F. - Office 8,540 S.F. 0 S.F. 8,540 S.F. - Post Office: Public (4) 0 S.F. 4,480 S.F. 4,480 S.F. - Post Office: Office (5) 0 S.F. 1,200 S.F. 1,200 S.F. ( - Post Office: Mail Processing (5) 0 S.F. 15,997 S.F. 15,997 S.F. Total Floor Area 37,146 S.F. 21,677 S.F. 58,823 S.F. Parking Spaces Required (6) 180 43 223 Parking Spaces Provided (6) 180 127 307 _ i Loading Spaces Required (6) 3 3 3 Loading Space Provided (6) 3 3 3 0 Schedule of Exist. Development Not Applicable Not Applicable Not Applicable I Schedule of Proposed Development 06/99 Of}/00 06/99 06/00 06/99 06/00 LOT 1 .... ;._.." .._,.". _ 4" WIDE . . PAINTED II 1 _ N STRIPESco MON _ 12 a Cl- -�--ePW""` '-`„ „`"' '» �� `""_ .+," 6 S 9' 54' 6 ." I o S�� z - P - 1 POSTAL SITE 9' S4' 9_ Q I UTURE BUILDING F__ 1", n ~ M LOCK M 10' MASONRY - a_ > 5.96 LINE SCREEN WALL CD ' I j C7 Vr /� I 24' �» 7 y�r -. LOT 2 - 25' E LAN �? c" • FUTURE EXPANSION 12,000 S.F. / t ' . _ 9 ( P) LOADING 4 ' 0 CMU WITH E.I.F.S. FINISH `® - 9' HIGH WITH PAINTED " GALVANIZED STEEL GATE 5.83 » 3.95 PL 77.25 18.26 25.41 f 142.75 PIL - - 172.25 If 40' PROPOSM POSOFfCE TTOI 4 :1425 21,677 8 n- v r LOT LINE °�`` fq°�2. 641,00- I I ` I ' 74' ROW1644.55 { a� l 25' .5 o NqV I C /-,, PL/GR A( P.) 4)' 0 00° s I EAST 1 1NG T "7,316, 8F ':'1r .. £ 176.58' F (85' ROW) 545,44 1� i121 3j `rF FI IL 1..% f )i; 12 B1" ('_ ). .� 2- LO _�- SOUTHLAKE VE-N-11 JRE 142.75 - - 1151 D .:�CSdi3 ?uUi tia A iT l i 5 t ? i i 3 1 i•f s�..�. j 20' Utility -i R LOCK NOTES: THE FECt-1TEL GROUP (1) Includes area for future parking lot expansion inside Post Office compound. Such expansion is considered unlikely at present. ✓ (2) Percentage is calculated on Net Acreage, excluding area ' of streets and sidewalks. (3) Square Footage areas are approximate and assume a % representative tenant mix consistent with current parking conditions. •r r ,� (4) Includes Post Office Retail Store and Mail Boxes area. (5) Includes areas not accessible to the public. (6) See Adjacent Parking Table. GENERAL NOTES: (1) All uses shall conform to underlying C 3 Zoning as rrtodified by S-P-1 Site Plan District Regulations. r (2) Building entrances will be defined upon application of proper permit. (3) All pavement shall be Asphalt with Conc. Curb and Gutter. (4) All sidewalks shall be concrete. f l i� m. I EO E C3 -- Ni PUS BLOC I' '� .� SOUTF ILAKE VENTURE 1 F A 01 r PARKING TABLE S.F. (1) Required(1) Provided(2) Regular -Retail (1:200 S.F.) 27,126 136 136 -Office (1:300 S.F.) 8,540 29 29 -Restaurant (1:100 S.F.) 1,480 15 15 -Post Office (Public)(3) 4,480 23 23 -Post Office (Office)(3) 1200 4 4 -Post Office (Processing)(3) 15,997 16 57 -Post Office (Carrier Vehicle)(3) - - 43 TOTAL 58,823 223 307 Handicapped Spaces 12 12 Loading Spaces (4) 2 3 PARKING SPACE LOCATIONS On Site 220 On Street 63 Overflow To Block 4 24 TOTAL 307 NOTES: (1) Square footage areas by use are approximate assuming a representative tenant mix consistent with current market conditions. Actual requirements and provisions for parking will be determined by final tenant mix. (2) Total Parking provided includes additional parking as required in Southlake Town Square Phase 1 (within 300') (up to 50 additional spaces in support of Buildings 10C and 10D) Cumulative parking Tabulations identifying such shared parking shall be submitted with each Southlake Town square N.R.P.U.D. Site Plan and/or Development Plan. (3) Parking is shown per U.S. Postal Service requirements. Non-public parking (including employee and delivery vehicle parking(is provided entirely within the screened compound in Lot 2. Public (customer) parking is provided in adjacent street parking to the east along State Street and to the south along Prospect Street. A total of 5 spaces assigned to public are delegated to employee support of the public space and therefore are parked in the rear. (4) One (1) loading space is provided in Lot 1. The Post Office provides additional loading spaces as required pursuant to U.S. Postal Service requirements. (5) Overflow parking provided in Phase I Plans. OWNER THE FECHTEL GROUP C/O COOPER & STEBBINS, L.P. 1721 EAST SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE TEXAS 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 DEVELOPER COOPER & STEBBINS, L. P. 1721 EAST SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE TEXAS 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 FIRM IMPLEMENTING PLANS WALTER P. MOORE AND ASSOC. 3131 EASTSIDE SECOND FLOOR HOUSTON, TEXAS 77098-1919 PHONE: (713) 630-7300 FAX: (713) 630-7396 LEGEND ,-r ! . ,',- f. PROPOSED BUILDING PROPOSED CURB - PROPOSED FENCE PROPOSED LIGHT(40OW-MH) (22' HT ® LOT 1, 25' @ PO) FIRE LANE o ANTIQUE ST. LIGHT (150W-HPS) (16.5' HT) 40 0 40 SCALE: 1 "= 40 80 120 SOUTHLAKE TOWN SQUARE A 7.930 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO. 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX: (214) 954-0855 DEVELOPER: COOPER 6 STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER Ft BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CML ENGINEER: CIVIL ENGINEER: CHARLES GOJER 8 WALTER P. MOORE 8 ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972) 248-3855 M/E/t, ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BL&P ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-5186 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214) 965-1363 NO. DATE SUBMISSION 03.0I.14W 5-P-150MITTAL 03.2q.gq fZEV1510N5 SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEXAS Erpir .Y✓ 64: SITE PLAN ZA-99-025 NORTH 2 PHASE BLOCK 10 _ BLOCK 97074.08 1 OF 6__--- JOB NO. SHEET 14CKASL OR. anEtalOW S FN0. 1/2- IP - we FM, 1/2' IP LOT 2 T.J. THOMPSON ABSTRACT NO. 1502 CAB. B, SLD. 1185 P,R.T.C.T. 1/r IP 74 C. c� N PROPOSED _ LOT 5 i VICINITY MAP C D D 1 FWD. 1/2- I.P. _ S89'33' 13'E 538.13 FNa 1/2* I.P. ao a 251156 �.. N OWNER/DEVELOPER: RON WOODS Q 737 C.R. 2585 ALVORD, TEXAS 76225 0 NE BAPTIST CHURCH VOL. 8542, PG. 1857 D.R.T.C.T. _1 1/2 I�' 272.57 10' UTILITY EASEMENT r S89'33'13"E '• I su IA- I.P. I 12.00 ro D 0 0 100 YR. �� < I► I FLOOD LIt .�. W a W ` 1 r° a I ( O r1i r 3M A b LOT 1 1 D W 1.491 ACRES � LOT 10 Z 00 N � MIN. F.F.= 624.30 v/ � �, 1$ 1.572 ACRES v t WILLIAM H. X MAE N OTT � ? I MIN. F.F. = 624.30ETUI o g n VOL. 5959, PG. 622 C4 � D.R.T.C.T. I M ( oo �E N A o 406 r Z 53' X 25' CDMMO N I$ I FLOODWAY EASEMENT Z ACCESS EASEMENT - Fri 100 `!R. I/ FLOOD LINE \ 30' BUILDING LINE I , I U _ + 10, UTILITY EASEMENT 12.0' 10' UTILITY EASEMENT _• I SET 1/2' LP. 257.29 SET' I•P• 272.54' SET 1/2' I.P. SET v 60. N 38.0'-^40. N8W2.3 N SET 1 /Y I.P. FIND. 1/2 I,P. DEDICATED FOR R.O.W. 60.0 J.G. ALIEN SURVEY A-18 cep � N�� 54Z 1% LEWIS A CLAY SURVEY A-346 cn -- - - - _- - - - - - - O UNION CHURCH ROAD CENTERLINE -� POINT OF BEGINNING N (COUNTY ROAD #4099) o (mot O FND. 5/8- I.P. FNO. 5/8- I.P. w v ENGINEER: ROLAND FOERSTER :Q CML ENGINEERS 1315 E. 19TH STREET S-1 A � PLANO, TEXAS 75074 cn .1 972.881.0725 co FAX:972.509.1448 0 SURVEYOR: LOYD BRANSOM SURVEYORS, INC. CHARLES B. HOOKS, JR. RPLS 1028 N. SYLVANIA AVE FORT WORTH, TEXAS 76111 817.837.3477 FAX:817.831.9818 p a i' w, NIELS T. SORENSEN PEARSON PLACE, INC. VOL. 7132, PG, 2235 VOL. 13026, PG. 241 RR•T.C.T• D.R,T.C.T. NUMBER DIRECTION DISTANCE L1 N 40'00'00" W 40,00' L2 N 21'08'07" W 27.06' L3 N 00' 17'48" W 20.00' L4 N 53'40'06" W 88.23' L5 N 04'00'00" E 40.00' L6 N 33'45'00" E 48.00' L7 N 11 *00'00" W 50.00' L8 N 44'09'60" E 32.00' L9 N 04' 19'60" W 29.00' RON WOODS VEIL, 6589, PG. 327 D.R,T.C.T. T.J. THOMPSON ADDITION NO, 1502 PROPOSED LOT 4 PROPOSED LOT 3 • W, CDNTINENTAL BDULEVARD T.J. THOMPSON SURVEY A-1 (COUNTY ROAD #3099) S.R. THOMPSON SURVEY A-1 r to Vf • D O o N i MENDEZ, LTD c cn VOL. 12923, PG. 148 D.R.T.C.T. D D I I A 1. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVARABL.E AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN, MAY ALSO BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. 2. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. 3. SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE, AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMIT'S. APPROVED BY THE PLANNING & ZONING COMMISSION DATE: ---__- CHAIRMAN;__ ..r..�. APPROVED BY THE CITY COUNCIL DATE: -..----- --- _- MAYOR: Sot 504 817 "q STATE OF TEXAS COUNTY OF TARRANT L W K)WAS WE, RONNIE M. WOODS AND VDIONA S. WOODS, BENIiGG THE SOLE OWkVtS OF A 11AT OF 100- e: SITUATED IN THE J.G. NAM SURVEY. ABSTRACT NO. 14L TARRANT COUNTY, TEXAS Ate 'tit am RECORDED IN VOLUME 7615. PAGE 223. 0® RECORDS, T/IRRAINT COUNTY, TEXAS 111t1RE P#VITIq,M;Al1� DESCRIBED AS FOLLOWS; t BEGINNING AT A 1/2- IRON PIN SET IN THE WEST RAW. LINE OF DAIS 80ULCOM��({F,M. HIGHMAAY NO. ISM 'tpo TW NR'[N OLW t81F` UNION CHCH ROAD (COUNTY ROAD NO. 4009) FOR THE SOUt TNW COW* OF TRAM BEft OES 1IPOW a D. BY BEING LOCATED IN THE SOUTH LINE OF SAID J.G. ALLEN SURVEY AND SM 60.0 FEET WE51' FROM flySdWt#il'M 40; SAID SURVEY: THENCE NORTM as OEiGREFS 54 MNUTES 10 SECONDS WEST 542.17 YM ALONG THE NORTH UK (W SAIDl�� TO A 1/2' IRON PIN SET FOR THE SOU?HWEST CORNER OF TRACT BEING DCSCRoW. SAID PRO I AL90 REIN*.17IE w CORNER OF A TRACT OF LAND AS DESCRIBED IN OM IN VOLUTE 4340. PAGE "I. DEED RECCR9S. TARRANT COUNTY. TEXAS; THENCE NORTH 00 DEGREES 32 MINUTES 38 SECONDS EAST 2".97 FEET "M THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED N DEED FAMORM IN VOLUME 4349, PAGE 867. TO A 1/2 IRON PIN FOUND M THE SOUTH LINE OF A TRACT OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 8542. PAM 111147. DEED RECOVA& UIRRANT COUNTY, 7004, FOR THE NOKrWMMT CORNER OF TRACT BEING DESCRIBED. SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAD TRACT 4F LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4349. PAGE "?I - THENCE SOUTH 89 DEGREES 33 MINUTES 13 SECONDS EAST 538.13 FEET ALONG THE SOUTH LINE OF SAID TR+' r Of LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 8542. PAGE 1657. TO A 1/Y IRON PIN FOUND IN THE WEST R.O.W. UNE•OF DOWS BOULEVARD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED: THENCE SOUTH 00 DEGREES 17 MINUTES 45 SECONDS EAST 274.89 FEET ALONG THE WEST R.O.W. UNE OF OAKS BOULEVARD' Ak TO THE POINT OF BEGINNING AND CONTAINING 3.426 ACRES OF LAND. MORE OR LESS NOW THEREFORE. KNOW ALL MEN 8Y THESE PRESENTS: THAT WE. RONNIE Lt WOODS AND VERONA SUE WOODS, BEING THE SOLE OWNERS,' DO HEREBY ADOPT THIS DISIG NATING THE MEREINABOVE DESCRIBED PROPERTY AS LOTS 10 & 11. J.G. MIEN 140. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE. TARRANT COUNTY. TEXAS AND WE DO HEREBY DEAICAYE TO THE PUBLIC'S USE THE RIGHTS -OF -WAY AND EASEMENT'S SHOWN THEREON. THERE ARE NO LIEN HOLDERS ON THIS PROPERTY. WITNESS MY HAND AT _ TARRANT COUNTY, TEXAS. THIS THE ----.DAY OF-_-, RONNIE M. WOODS a VERONA SUE WOODS +�--- STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONAL APPEARED RON WOODS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRDED TO THE ABOVE AND FOREGOING kN'S1'RUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS _ DAY OF . 1999. : .NOTARY PUBLIC - ----� PLAT SHOWING LOTS 10E11 J. G. ALLEN NO. 18 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, - -- - TARRANT COUNTY, TEXAS BEING A TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY. ABSTRACT NO. 16, TARRANT COUNTY, TEXAS. AND BEING, A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7615. PAGE 223. DEED RECORDS. TARRANT COUNTY. TEXAS. AND 2 LOTS 12-12-98 THIS PLAT FILED IN CABINET SLIDE DATED --------- ------------- THIS IS TO CERTIFY THAT L CHARtES B. HOOKS, JR., A All, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS HAVING PLATTED THE- A80VE SUBDMSON FROM AN ACi4k SURVEY ON THE GROUND. AND THAT ALL LOT CORNERS, ANGLE P17M AND POINTS OF CURVE SHALL BE PROPERLY MARKED DIM THE MR(> , AND 'THAT THIS PLAT CORRECTLY REPRESENTS THAT SURYILY. A0EE BY ME OR UNDER MY DkXCT10N AND SUPERVISIO . CHIAN,ES 8. HOOKS, JR. CITY CASE .. r i ': .> "-1. .'t "`i.-. ;•s '... l .3. .-„ M .. -• a� ' a .i,Y^Jcy 1. •4 ,.?E k'^ agLb'. • .- � ri .JIB >s. :..t �.... • ,y,.. ,... 1; �r, qq• k ra 16'-8" 4a'-8" t 5 m .� 6 LL i?m� o O 0 s � N K Q w D6 z a- v CO 00 CL m �o Q �' Q d w�w W QQry� CL z Ll <W�m-: mm Q < z� � N 51te: DAV15 BOULEVARD 3 UNION GHURGH 5OUTHLAKE, TEXAS Building Type: TX-51DE-176 Drawing Title: FLOOR PLAN ARTIGULATION Date: Drn: MDP 3/8/qq Gkd: MDP Drawing umber: A—lo Revisions: ff-Go M1AR 0 81999 Column 15'-0" d 15' X 15' PYRAMID STRUCTURE n N 00 00 e O M O t: Column 4x4 TREATED POST PAINTED SW-P2 MAILBOX DETAIL SCALE: 3/4" = 1'-0" OWNER ORDERED — BILLED TO G.C. TAKE ONE PARENT q (MMATi0N SIt V EW FRONT VIEW PARENT INFO BOX SCALE: 3/4" = V-0" A-`J OWNER ORDERED - BILLED TO G.C. 18" X 24" 12" X 18" - ® We Care This is o bout Yo Non Please... Smoking Facility Buckle U MDO PLYWOOD SIGN �� SANDBLASTED SIGN SINGLE SIDED SINGLE SIDED SUPPLIED W/8' SUPPLIED W/8' ALUMINUM POST- PAINTED POST - PAINT DARK GREEN DARK GREEN DARK GREEN LETTERS, CREAM LETTERS, CREAM BACKGROUND, BACKGROUND, MOULIN RED BORDER MOULIN RED BORDER SITE SIGN DTLS SCALE. 3/4" = 1'-0" STOP WATCH FOR CHILDREN, SANDBLASED STOP SIGN TEXT AND BORDER BURGUNDY BACKGROUND - CREAM. MOUNT ON BRICK PILLAR STOP SIGN DETAIL SCALE: 3/4" = 1'-0" • allomelawIlLe 2'-0"H X 8' READER BOARD (BOTH SIDES) W/3 ROWS OF 6" PLATES FOR LETTERS 8" CMU W/#5 REINF CONCRETE FILL 4x4 PT POST FINISH GRADE 8"CMU FILLED FOOTING W/(3)#5 REBAR CONTINUOUS 16" DIAMETER LOGO SIGN READER BOARD m O .Q► Y U 59 W Q © 0- �c wOf �,c �- C� J Q N � V n Site: DAVIS BOULEVARD do UNION CHURCH SOUTHLAKE, TEXAS Building Type: TX--SIDE-170 0C SIGN DETAIL SCALE: 3/4" = 1'-0" It N PRIMROSEGLi9Ai✓' NYWHERE, USA OPENING SOON • Enrollment Information 000--000-000 • mow. woe • For Frwchiae Inform0tiW 800— 745— 06 lmomlEmmi I loom OEM NNE MEN Ion Ismal! I 11 INN RON: I_ INN �■�"'—�'�"IiIIIa111Ufa11lalilllllllllil�""�—s—� �� :— INN 0 -- I AN N-1 INN ■■ ■■■ --I INN me 11■■■ ■■■ -on, INNIII INN ■■■ ■■■ ____ ■■so ■ ■■■ Ulu pn Ir I 'I. .. I I • Ii I r.. I I - I � I • .�r+ram••►sl��..� .�.� �.rlrrrYri�r� ■■■ ■■■ ■■■ _ _top -NJ ■■■ _Ono ■■■� ■■■■■� _■-�_ ■■■ ■■■ ■� .� i■iii► �� Iflllallllllli ��' — --_._. _______ _ _ ____._ __._-- __—__ _ __---_—.___ � llllllllaliili!~ ■ i ■�■ ■■■ i = _ ■■■ ■■_i mom�� ■—! ��■■■ ■■■i iii (= ■■■M NONE IMP i IMP �■■■) iii , eiititiiflltlii� laflillaaltlti M ME INN ..........mom ..-. IIIfItIlU1N! 1f1111a111Hfi i lI■■mson I ■■■ 11111111lf1i--illa is C is C 11 MAPSCO 24 R I VICINI TY MAP N. T. S. w 0 20 40 W F Scale 1 " = 20' RON WOODS AGRICULTURE ZONING LUD - RETAIL (PROPOSED - SF-11A) FUTURE DRIVE PROPOSED 25' X 53' COMMON ACCESS EASEMENT --% PROPOSED FLOODWAY EASEMENT LINE T I 10' UTILITY EASEMEI I — T Z O 0 W N Ln N 00 071 —24' F-F— DRIVE APPROACH CONSTRUCT 6' HIGH WOOD FENCE T .. It RI • -. -: .. .. R.. ..• ". ... ." -. ... .:. .. ... ... .. .- a- - 1. _ 5...• - y My Y.i- v e. ." . } I{':. R'.t NORIHEAST BAPTIST CHURCH I EXISTNG CONCRETE AGRICULTURE CURB & GUTTER LUD - MIXED USE S 8 9 *33' 13" E 272.5 /' 0 CONCRETE DRIVE cz AND PAVEMENT N 252 S.F. a 30' BUILDING LINEJ= I SILO' I TYPI I 10 PARKING SPACES O 9.0, EXISTING ASPHALT o PA11DrIENT EXISTING ASPHALT PAVEMENT Pj 11VAJ 11040 mami j / to Ole _; PAVEMENT—,. -E)ft-MG ASPHALT - ,,� 0 6 1 1 LIGATION`' CA"OP .. EAST REQUiR�pi6.7 .0 -. 7 �' _ • M } SIOUTH RECUIiD 273 tp'-£ 3 2t ' V. WEST REQUW4 D 200'0 10 ='F1' d 12 a �' g *VOTE ANY CREDITS USED IN CALCULATIONS; . (a) BUFFERYARD LENGTH REDUCED BY WVIH Of DRVY MAY PER. CTIOEf, 4Z4rt. OTHER COMMENTS I. WMEIE PARKING IS PROVIDED BETWEEN THE BUILDING SETNACK LINE AND PUMLIC R.O.W., SHRUBS OBTAMINO A MATURE HEWT OF THREE (3') OR GREATER MUST BE PLANTED AT A MAXIMUM SPACING OF 'R*M PICHE'S (30') ON CENTIR CONINUOUS ALONG ALL PAVED EDGES OF THE PARKNG OR DRIVE AREA. 2. A MINIMUM OF'WX OF ALL CANOPY TREES PLA M ON TIC 911E SHALL BE 2' in CALIPER AND WX MUST 4' IN CALIPER. 11IS INCLUDES BUFFERYARDS AS WELL AS INTERIOR. 01i 4w 0 , C Z �.. 06" CONCRETE DRIVE MULCH PITS AND PAVEMENT SkiADE / W/ PLAYGROUND ....... ; £QUIPMFMT 51RUCTURE 6' HIGH VINYL CLAD 4' STOCKADE .. ...... ... -... ..�.. AIN LINK FENCE SITE DATA SUMMARY CHART i' ...a_ FENCE AROUND I MECHANICAL E'QW. PLA SAWCUT dt REMOVE EXISTING XIST PROPOSED ZONING................................................... AG (TYP) YGRO!". 136 S.F. CONCRETE CURB ZONING .............................................S-P-1, 0 r ......'. do GUTTER (WAITED TO DAY CARE/SCHOOL do OFFICE DISTRICT USES) . O 1'A LAND USE DESIGNATION......RETAIL COMMERCIAL ... OPEN SPACE .................................... M..............2.096 sq. R. PERCENTAGE OPEN SPACE................................54X CONTRACTOR SHALL MEANDER 6' IMPERVIOUS COVERAGE AREA. sq. R. OO SIDEWALK WITHIN THE PUBLIC R.O.W! . _ PERCENTAGE OF IMPERVIOUS COVERAGE .......... 54.2x PRIOR TO PLACEMENT OF FORMS, THE 4 HVAC FINISH CONSTRUCTION ..................... OOCTOBER. m UNITS 1-STORY MASONRY CONTRACTOR SHALL STAKE OUT THE NUMBER OF STORtES.. ...........:::.....:::::::::::1 GENERAL LOCATION OF THE CENTERLINE STORY BUILDING--8,584 SQ. FT. 7' FOR INSPECTION & APPROVAL BY THE MAXIMUM 22-FT. MAX HEIGHT ENGINEER do THE CITY PUBLIC WORKS 9lMLDING HEIGHT.....21 FEET "— NUMBER OF PUPN.S............................................. 176 r.• DEPARTMENT. REQUIRED LOADING SPACES...............................0 uj PROVIDED LOADING SPACES ..............................0 '`. GROSS ACREAGE..................................................78.408 Sq. Ft OR 1.8000 Acres 24' RRELANE NET ACREAGE:.......................................................M498 Sq. Ft n OR 1.5725 Acres V) u,,} 240 18 5' I SAWCUT do REMOVE SITE COVERAGE....................................................12.SSX � W EXISTING DRIVE OUTSIDE STORAGE...............................................O.OR ► �"' I I AREA .................................................. rt '� BUILDING . 8.584 eq. �' of APPROACH- ...................... Q ' SHADE O t REPLACE OOI�ICRETE CLASSROOM: 5.800 S.F. 00 REQUIRED. ..36 SPACES . •STAR! aa' CURB do GUTTER PROVIDED...............................................39 SPACES LL.. OFFICE/RECEPTION: 220 S.F. STORAGE/LAUNDRY/EXTMOR CAPPED SPACES PROVIDEDHANDICAPPED SPACES REWIRE.D.........2 SPACES ��**��►► KITCHEN/MECHANICAL/TOILETS/ / HANDICAPPED J; / LOTS ......................... SPADE$ / WALL/HALLWAY: Z564 S.F. Z ..%wo %wo ' EXISTING FIRE .. / HYDRANT gyp. �..✓ SO S.F. 3D' HIGH e*► 1-. 170 S.F. — — I / Cr_ O PROPOSED ALK 1 Of- DAVIS BLVD. SHOPPING CENTER ' QQ I SP-1 D/ C-22 USES � �C CMD) '�' I 11 NICK Ito EXISTING / O ui PROPOSED LOT 4 CURB INLET� •• .N.•N..MN�N�H•N.� N � ROLAND FOERSTER •�. •...a.•.•..��+.+.iws �. b " 4 0 ARJU O ; 1 4 50 S.F. `� ' oL _ N I 9GHT TRIANGLE�t PREUMINENVW _AR51 ;► . / ( ONLY NOT FOR CONSTRUCTION USE �O• -- —+ EXISTING ASPHALT \t` w b 182 S.F. PAVEMENT /�� A" CPvwk4 so thle, SILO' 6.0' 1.141 S.F. / , Roland FooWer, P;C 373" on, 378 S.F. I 0 a *go" t, 19ft doom Mlhout eof proper 6' HIGH VINYL CLAD CHAIN LINK FENCE CONCRETE DRIVE v AND PAVEMENT notiflmtim to Ow rogxwibte ... CONSTRUCT 6' WIDE � eTngineer Is an Attune* under . the 119 S.F. CONCRETE SIDEWALK q exw E.n fnaoe", Practice Act / ..." . • I I I 9.0 �( I ...... ' PROPOS ED T�YP LOT 3 , . . CS ZONING °D I I O 11 PARKII SPACES O j 8T RCADWAY - INTERIOR LAIC S8 9'48' 2 3" W 2 7 2.5 4' r MONUMENT PED AREA R.O.W. �. SIGHT TRIANGLE SIGN W/ LANDSCAPE !� CONNECT 6' SIDEWALK TO EX. RAMP - BUFFER LAN�CAPED AREA ' d E DEDICATION v .T i XtSl1NG p. ASPHALT PAVEMENT VARIES UNION CHURCH ROAD (,a T024•) .' f XIS?INf: • `• Q RAMP W. CONTINENTAL BOULEVARD 10 - - - - - - - __ r - (84' R.O.W.) a44— •" (COUNTY RD. NO. 3099.) 4 • • a �[ W` a CITY CASE NO* -- A98-� 181 1 . LTD. AGRICULTURE R AGRICULTURE ZdWNG SITE , PIAN "r a . - , LUD - RETAIL GRAVEL, 01RIves :: i RON WOODS 737 C.R. - '. _ '. •" ' PROAROSE SCROM ", ALVORD TEXAS �.v�4Lv • ,. J.G.. ALLN 18 AID •u'.qt } `''e �,;, a 1 1 I � i 3 O 01 OFFICE COMMERCIAL 25' SOUTH CREST o I LOOT 9 RICHARD EADS NO. e 81 ADDITION CAB. A, SLIDE 58 P.R.T.C.T. 0 42' 0 S 8 3 E _ 630.30.23' F I \ \ I \ S '�s� 0- NR-PUD DRNG. EASEMENT) ,SO QOO� c T , I Fy y� NR-PUD sF BLOCK 1@ QUANTITATIVE LAND USE SCHEDULE Existing Proposed Number of Gross Net Open Space Phase LUD Zoning Zoning Lots/Blocks Acreage Acreage Area/% 2 Mixed Use C-3 S-P-1 2/1 7.93 5.636 21.54 BLK. 10 2 Mixed Use C-3 (LOTS 2&3) C-3 (LOTS 2&3) 3/1 4.67 4.27 PER C-3 (LOT 3) (BILK. 1 1) NRPUD NRPUD 100 (LOT 1) (LOT 1) (LOT 1&2) (60' R.O.W.) _. S 89'41'56" E LIMIT OF PUD EAST ( LOT I 375.02' 224.28' \\ I �!� / O � _._ 01 I ^� S OFFICE `35�00'' COMMERCIAL I I / ?88 o / I I I / BLOCK 94 L04 Z S0 \ \ \ j \ \ BLOCK �12 o DO � BLOCK 14 W 0 z COMMON LOSE 9 Z I I C3 OPEN SPACE •00%9C, \ I I = p / o 01 L MIXED USE oo A,,��, OFFICE 32' BLDG. SETBACK I LO�� �4 00 COMMERCIAL 3.663 A RES / o0 I � O5 WEST o� / , NR-PUD I I 19.95' / o / I I EAST °� BLOCK 17 - - WEST 618.02 - - 3.07' / \ LOT 9 STREET "1" (63' R.O.W.) ti 4-0-0 EAST 639,87'\ / - -� �- BLOCK K 9� BLOCK 19 LOB 2 3r 0 9 LOT O� p 8,029.216 S.F Q EaSF� � c) / DO N SOUTHLAKE TOWN SQUARE o 0 G N M 132,641.686 S.F. FUTURE PHASE 14j 0.643 Acres BLOCK 9 0 003.045 Acres Prd minory Plot Approoed N O LOT Oyu luil ~ 25,13s81.41169 S.F. � / zs OIN{ £' -`i�Locv -sxet? L 0.583 Acres \ ,ME GROUP t J O Z e2 for R.O.W. ted . FETCHEL GROUP CO ON .C�j� �"� N 6 • \ / 639 ,14EA PEN SPACE PST AVENUE (61V RQW) ,,� � oa � A6 00o ,,x W)1 .36 ACRES ,y0 �� �A� 7 y G' / s 60. S /� LOT 9 % V EAST 514.95' • 5�. ,D.s acr, �� Q' A6 DO00'' \ w, a �i 259.95 255.00" 74' Dedicated { • for R.O.W. _g � =) / g Y 25' PUBLIC UTILITY -.� �.-- \ C'1 l Q EASEMENT • F {n G v \ T / / \ m BLOCK 90 ^� �'� � � N ;I I 9 BLOCK C K 10\/ a5 I I LOT m LOT 9 Cn• La M Area = 2.678 II Ac es M or 116,644 S u'are� Feet Area = 2.958 Acres / °�x''"`� I or 128,87� Square Feet � 6,n r. Q EAST �\ � X � 1 T. L. EASEMENT �. o � u, 3 5i � �o Y 60.00 \/ N 414 _A - - oo 11 O a • ^ / VOL. 3503, PG. 671 LL_ I m 13.ss' C-/I2 ` D.R.T.C.T. �N Wm / _ o bco I n 0� B (� �100 (TO BE ABANDONE[� / �/ T� 60• W � aa, M o`n I J� N) // /r / o ^ `" / / FFT �7 69 SS ,� o Z Area 3 Acres ?0'00'00'/11= 17.64' / �/ / --- cn '- LOT 80, 9BLIX I z I m9 or 345,4 9. Square Feet _ ,,, 1 m S 30*00 0 W 397/3 o 00 60. o �? p `V cQ (6\, \ / OWNBY LANE NR-PUD �`� �� .00 �690°00�, `3 `� / -oo w _ n (50' R.O.W.)BLOCK � Q 50' Dedicated N / 0 S 60. / / O � � ' ' ✓ ) O = for R.O.W. / \ r; 13 I /�2 Q 7 42 U X 1 11' Dedicated t 13.89' for R.O.W. � 0) 000 �\ LOT 9, BLK EAST ? 22 Dedicated 172.25 0 for R.O.W. $ (/} 25' PUBLIC UTILITY EASEMENT 63' ROW �� �/ Q 370.65' c° N 142.75' P.O.B. WEST 513.40 •000„�o / \ / (n N 7,029,161.525 WEST E 2.387,624.042 -'� . � - / ' �0) x'a SI � co PROSPECT STREET (85' ROW) �� / R.8 I NR-PUD\ oo �� , EAST 545.44 oP" ^o cb°j / 8 k; 4 0' POINT OF - t°�"'BLOCK � / 0 o BEGINNING �P C`?K / Q O Casa 8`,40 . 4 a_ ✓ G` yy,, I i.s4ltk 1'ENSURf 1 H A S E Ll 1� � I_ moo. /C 3 / �,�' N U - P C� LOT 4 9 I I I V � sG• � � 1 1 o EST UTILITY �Pe - _ AG I �t EASEMENT U. 4 NR-PUD / �- U o cD ( I CIVIC PLACE (88 R.O.W.) / o% o cn w o BLOCK 2 / o ryh LOT I_ / ry O EAST CO 00.00 C-, 00 = EXIST. \ 50' R.O.W. i Rio NR-PUD Flo o io TREE ololn B �� ( Cf10 ) / I I \ LINE z `- � - I 73,66'585.18' - �-L I - EST - IWEST AG WEST 658.84' 00.00' 476.71 ' MAIN STREET (85' R.O.W. I - J I { EAST i 658.56I 0 EST O EAST I 96.16r -460.00 � 562.40' 00.00Nz W 27.82 LJ 10 W w IS C MMON 00 o 64.43 N 15'00'00" W = I0 OPEN SPACE I -CD ' N Lo -- (I (I II I(l I -~- o_LLJ66.44' 1 LLo IB �[� z 0.82ACRES =�(II UTILITY _ III I I � I ;o=n "' EUTILITY EASEMENT oq a, S PEASEMENT � 1 c w 0NR-PUD rm 000 °i BLOCK Q CD BLOCK 5 SP2 LOT 9 � 'n STREET "5' (83' R.O.W.) w - TREE ASTF c•; LINE I-z-o I I 1 - v I 1 a r F= 1 1 I I 2 0.00' ® x I I 1- `n20' { JI _11COMON � -t I F w O OPEN SPACE i oza o N ~ o ... I =o BLOCK 8 l1I I 1I W0 �n DEDICATION 8' PEDESTRIAN 1 0.93 ACRESo 00 8'PEDESTRIANACCESS EASEMENT c30' DRNG. & ci "32' BLDG. SETBACK ACCESS EASEMENT EASEMENT UTIL. EASEMENT 25' UTIL. TB CK32' BLDGS 32' Uz II BLDG. SETBACK 00 j N 88'54' 16" W 1261.13' N ss'S5'18 w - - o m 30' DRNG. &®�5.52 CC)SURVEY LINE UTIL. EASEMENT EAST SOUTHLAKE BLVD. (F.M. 1709) ®Ip�JTT pp®ITT VOL. �IIn=9�C, PCB. 9� L 00 APPROVED CONCEPT PLAN (30R.O.W. 1' SOUTHILAKE COMMONS MIXED USE ) P.R.T.C�.T. 14 I 0 AG 12 MIXED O USE 137� i W ES_T - - 476.897- - - MAIN STREET (85' R.O. EAST 51 00 0 T.P.& L. EASEMENT VOL. 2581, PG. 100 D.R.T.C.T. (TO BE ABANDONED) CO MON OPEN SPACE 0 L 0 C K 221 5.649 ACRES J 91 T24"41 " R=5839.58' T=894.17' L=1774.56' LC=1767.74' S 5639'56' E Proposed Block 10 & Block Southlake Town Square All that certain tract of parcel of land located Ir the Richard Eads Survey, Abstract 481, Southlake, Tarrant County, Texas, being a portion of that certain 70.844 acre tract conveyed to the Fechtel Group by deed recorded in Volume 9811, Page 1241, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a called 5/8 inch iron rod in concrete found in the common East line of said Richard Eads Survey and center of North Carroll Avenue, for the Northwest corner of Southlake Town Square - Phase I, as recorded in Cabinet---_- Slide ____, Plat Records, Tarrant County, Texas; and also being the POINT OF BEGINNING of herein described tract; THENCE with said common line, North 00 degrees 11 minutes 06 seconds West 747.00 feet to a point for corner, being the northwest corner of BLOCK 11; THENCE along the north boundary of BLOCK 11, EAST 639.87 feet to a point for corner; THENCE, continuing along said north boundary of BLOCK 11, SOUTH 60' EAST to the northwest corner of BLOCK 11; THENCE, along the EAST boundary of BLOCK 11, SOUTH 30' WEST, 301 feet to a point being a common corner with Southlake Town Square - Phase 1; THENCE, continuing along said common boundary with Southlake Town Square - Phase 1 the following: SOUTH 30' WEST, 397.43 feet to a point; SOUTH 113.72 feet to a point; WEST 513.40 feet to the place of beginning and containing some 12.60 acres or 548,935.862 square feet. LOT 2 /NR-PUD / BLOCK 1@ 40, / " oFMON oho. I W w - QOrn o z o �I 1 I NR-PUD BLOCK 2�2 I � z w I z w I 6E cn o w 40' ACCESS 1 EASEMENT O I I I-- N \ TIa 014 Q I to 00 = I I W I LiJ ry BLOCK 20 1 8' PEDESTRIAN 8' PEDESTRIAN 12' R.O.W. I I ACCESS EASEMENT ACCESS EASEMENT DEDICATION 32' BLDG. SETBACK I 1 25' UTIL. 32' BLDG. SETBACK 30' DRNG- & I EASEMEN UTIL. EASEMENT N 89'39'S5 W 820.00' GORBUT4 ADDITION SP2 C2 SURVEY LINE MIXED USE 15 P.R.T.C.T. 16 17 MIXED USEA 11 1 g OT 2A, BLK1 1 1 LO 6, BLK 1 LOT d, B K 1 NO. OWNER VOL. PG. 1 CITY OF SOUTHLAKE - - 2 G R EENWAY- CARROLL ROAD PARTNERS L.P. 11445 1627 3 JOHN L. COLE 12023 1326 4 ALTON RAPE 11110 906 5 JOHN L. COLE 12023 1325 6 HANSEL L. & EDITH L. SPARKS 11893 70 7 SOUTHVIEW PHASE II JOINT VENTURE 11167 2335 8 BRIAN A. PAULSEN & BOBBI E. SPREHN 11736 722 9 MENDEZ 12349 1818 10 JUERGEN F. STRUNCK - - 11 CFNVESTS SOUTHLAKE JOINT VENTURE 2828 950 12 ANITA H. PRADE - - 13 M.L. & W-E. DALTON - - 14 SMOCK & HUSSEINI JOINT VENTURE 9474 1084 15 EARNEST E. TAYLOR 10986 2185 16 BARRY K. EMERSON 12376 1565 17 MARTIN W. SCHELLING - - 18 PAUL R. & DOREEN BRUTON 12263 Z227 19 GARY A. & JANICE L. MYRON - - 20 JAMES P. FARRAR - - 21 T&M SOUTHLAKE DEVELOPMENT CO. 11528 825 22 HOME DEPOT USA - - 23 DIAMOND SHAMROCK CORP. 6812 2108 24 CAROL J. PETERKA, ET. AL. 8516 595 25 BEAR CREEK COMMUNITIES, INC. 10136 916 ZONING LEGEND CS COMMUNITY SERVICE AG AGRICULTURAL RE RESIDENTIAL ESTATE SF1A SINGLE FAMILY RESIDENTIAL SF18 SINGLE FAMILY RESIDENTIAL SF30 SINGLE FAMILY RESIDENTIAL SF20A SINGLE FAMILY RESIDENTIAL SF20B SINGLE FAMILY RESIDENTIAL MF1 TWO FAMILY RESIDENTIAL MF2 MULTIPLE FAMILY RESIDENTIAL 01 OFFICE DISTRICT 02 OFFICE DISTRICT C1 NEIGHBORHOOD COMMERCIAL C2 LOCAL RETAIL COMMERCIAL C3 GENERAL COMMERCIAL C4 ARTERIAL MALL COMMERCIAL B1 BUSINESS SERVICE PARK 82 COMMERCIAL MANUFACTURING 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL HC HOTEL MH MANUFACTRUED HOUSING PUD PLANNED UNIT DEVELOPMENT SP1 DETAILED SITE PLAN SP2 IGENERALIZED SITE PLAN FUTURE R.O.W. TO BE ACQUIRED IF NECESSARY FOR STREET "A" TO CONNECT TO S.H. 114. C3 MIXED USE 24 20' UTILITY R.O.W. CURVE DATA C-1 C-5 0=46'22'46" n,=14*45'09" R=85.00' R=1053.00' T=36.52' T=136.32' L=68.98' L=271.13' C-2 C-6 ,n, =46'29'46" A=14'48'54" R=85.00' R=953.00' T=36.52' T=123,90' L=68.98' L=246.42' C-3 C-7 =46'29'46" A=15*00'00" R=85.00' R=1050.00' T=36.52' T=138.24' L=68.98' L=274.89' C-4 C-8 A=46'29'46" 0=15'00'00" R=85.00' R=950.00' T=36.52' T=125.07' L=68.98' L=248.71 ' C-9 C-10 =07' 12'30" L=31'39'32" R=268.50' R=268.50' T=16.91' T=76.1' L=33.78' L=148.36' C-11 C-12 L=40'00'00" a=04'05'29" R=300.00' R=331.50' T=109.19' T=1 1.84' L=209.44' L=23.67' C-13 C-14 =15'04'49" L=21'08'03" R=331.50' R=331.50' T=43.88' T=61.84' L=87.25' L=122.28" LOT 4, BLK 2 100' 0 100' 200' 300' C3 MIXED USE SCALE: 1 "= 100' 22 PRELIMINARY PLAT 21 (LOOT 8, BILK 2 50' COMMON ACCESS ESM T. C3 MIXED USE 20 LOT 1, BLK 2 MIhCN ADDITION kB. A SLIDE 1252 P.R.T.C.T SOUTHLAKE TOWN SQUARE A 12.60 ACRE TRACT OF LAND IN THE RICHARD FADS SURVEY, ABST. NO. 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: MARCH 1, 1999 SHEET 1 OF 1 DEVELOPER COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE TEXAS 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 ENGINEER WALTER P. MOORE AND ASSOC. 3131 EASTSIDE SECOND FLOOR HOUSTON, TEXAS 77098-1919 PHONE: (713) 630-7300 FAX: (713) 630-7396 POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX: (214) 954-0855 DEVELOPER: COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER 8 BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER 8 WALTER P. MOORE 8 ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972) 248-3855 M/E/P ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BL&P ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-5186 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214) 965-1363 �E 3-z 9. 99 NO. DATE I SUBMISSION 03.01A14 5-P-I5UBMITTAL 05.2gAq REYI51ON5 SOUTHLAKE TOWN SQUARE PHASE Y - BLOCK 10 SOUTHLAKE, TEKAAS e= ": � `PRELIMINARY PLAT ZA-99-026 NORTH 2 PHASE BLOCK 10& 11 BLOCK 97074.08 1 OF 1- JOB NO. SHEET 1 JSE 25' I L04 I RICHARD FADS N0. 81 ADDITION CAB. A, SLIDE 58 P.R.T.C.T. O 42' i S ( I 1 I I 1 5 S s S 89�53'32_, 630.23 I \ ♦ S I s, N R -PUD DRNG. EASEMENT s •A I �`O \� ♦ ck- I c \ REST o �- / ` X W) S 89'41'56" E LIMIT OF PUD EAST -� I / / ♦♦ 375.02 - - 153.68' I V. / I POINT OF BEGINNING JSE / 8� LOT / ems• sp, o 00 l>=[i� TVz / LOT 9 SF�6\ �♦ COMMON •?��. OO T 2Z I ( C3 OPEN SPAC� � ,�j%rye' T 01 1 1 MIXED USE 2 \ o LOC 12N 32' BLDG. SETBACK 3.663 ACRES / D USE WEST / NR-PUD 19.95 / / BLOCK �� LOT I 11 -T - - -- WEST 618.02r STREET T (63' R.O.w) EAST 600.93' so, LOT 2 c EAST 8 `��'� �F or�<��y�O 3.07' 3 LOT P / LOT I oW CON MON \ \ 1 SWTHMTU TOWN SQUARE ` \ � [7 FUNRE PHASE � ` =o�FETCHIEL y Plot Approved OPEN SPACENR-PUDZ� ACRES 3►/ � � �� \ � / � � BLOCK i1C� 1.36� 4' o �/ 4s9SS • / \ LOOT 9 ' • EAST 515.02'�# / •��' G1 q� / 4�• \ 1 I 0•q2' 255r00 a Ao A 1 1 ,o' oea wted • Ajp for R.O.W. 7Y pldfwt / / Ab 25 pEUARSEUElU1TUTY-; • L(7 = _ / / �� n / / N \ ` 1 1 I I Proposed Lot 2, Block 10 Southlake Town Square All that certain lot, tract of parcel of land located in the Richard Eads Survey, Abstract 481, Southlake, Tarrant County, Texas, being a portion of that certain 70.844 acre tract conveyed to the Fechtel Group by deed recorded in Volume 9811, Page 1241, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a called 5/8 inch iron rod in concrete found in the common East line of said Richard Eads Survey and center of North Carroll Avenue, for the Northwest corner of Southlake Town Square - Phase I, as recorded in Cabinet-____ Slide __, Plat Records, Tarrant County, Texas; THENCE with sold common line, North 00 degrees 11 minutes 06 seconds West 522.00 feet and EAST 310.02 feet to a point in the South line of Post Avenue (a proposed 40 foot wide street) for the common Northwest corner of Lot 1, Block 10 and POINT OF BEGINNING of herein described tract; THENCE continuing with said south line of Post Avenue and North line of Lot 2, EAST 255.00 feet to a point for common Northeast corner of Lot 2 and intersection of West line of State Street (a proposed 74 foot wide street) with said South line of _Post Avenue; THENCE departing said Post Avenue and with a line common to Lot 2, State Street, SOUTH 500.00 feet to a point for the Southeast corner of Lot 2 and Block 10, located in the proposed North line of Prospect Street (a proposed 85 foot wide street) at its intersection with proposed West line of said State Street; y17-24'41 ' THENCE departing Prospect Street with lines common to Lots 1 and R=5839.58' 2, the following: T=894.17' NORTH 60.00 feet to a point; L=1774.56' LC=1767.74' WEST 172.25 feet to a point; S 56.39'56" E NORTH 230.75 feet to a point; EAST 60.00 feet to a point; and NORTH 2O9.25 feet to the place of beginning and containing \ some 3.090 acres or 134,609 square feet. / LOB' 2 S0, S��e�ck • rn z I • 0° $5 �' 3S oo 0)/ NUl N/ M i I LOT 9 • • LOT 2 Area = 2.812 Ac es 3 or 122,493 Squ re Feet Area = 1090 Acres / > ♦` / / �F 6 I or 134,60 Square Fee "�►�j / T.P.& L. EASEMENT1 I EAST 42.s' 1.s' / VOL. 3503, PG. 671 LOT 1. BLOCK 5 �0 60.00` • = o ♦ D.R.T.C.T_ W VIEW PHASE 2 I I- o BINET T.SUOE1350 00 $ o I I _ o O TO BE ABANDONE / ♦� � g (�'0�(•//��/�) OF. r-N ( 66 -0 / / %� T -Ss w 80, OLK 9 oo`n ° 0 p M 9 O to co`V �� ♦ 14f 1 o L O W R/ � ,P //%r� ♦ / NR-PUD ti 9ss I o o S / �/ /► / i N E - `\� J / Y LAN cn BLOCK K 9 �. / usa' 11' 1for0 R'O.W. d � / � ♦ \ N R -PUD / I S«,w z I oedlwt.d EAST / \ / BLOCK far R.O.W. N �r�� / o L O C K 7 / ABIO.R. i.Co.OE-13W ^ I z �\ `V ", 20' ,t np ry/ (� 1 I 172.25' o = O M o J / / \ LOT 9 U, tBIIS W 6 z 2 V edi-ted ~ 23' PUBLIC U UTY O N 63' ROW' � I 411. O• � / 1 10, 142.75 = WEST 513.40 f •o ' o P.O.B. / / o0 of ♦ / ♦ FqS �C / h`O ' l cv N 7,029,161.525 ; WEST , ^j / / Fj� CFS�o O• E 2.387,624.oa2 574.33 - _ O / NR PUD / a'o� c4. 'TM A52 1 I 1 PROSPECT STREET (85' ROW) / 'o / oR A. SLIDE 1350 I EAST 545.44 "� /� oAN / o LOCI& C�3 a�/ `�'�� O4 o I y� �sP I�✓ PHASE CA V EST � ( UTILITY AG � EASEMENT "^� NR-PUD STREET "3' (88' R.O.W.) / o h o ➢, BLOCK C K LOT9 : 00 00' _ L100 - I 00 cn IN I / EXIST. I = 0 NR-PUD = o 0 I0 I \/ Flo Flo N L a II oold zTREE o�C LINE I I FT ST 6, WEST 585.18' - 658.84' �_ _ _ _ ES00 476.71 73.6-� 00 1 - AG STREET "4" (85' R.O.W.) _EST EAST - - EAST - - 658.56_ - - 00.00' C5 460.00-T 1 ( I 96.16'- I 562.4C O O 1 7.82' N 10 � C MMO O 64.43' 00 = o OPEN SPACE N 15'00'00" W I I00 I I II 0-- 1Ic6 00 o I,- BLOCK 2goz� 1 I I t00 o66.44' 0.82 ACRES 0 EASEMENT 1UTILITY 00 1 -1 - UTILITY I I EASEMENT - I __ I^ 00R.O.1CA ti?7 U 7 I w ST Li NR-PUD NRPo.00' oLOCK3II� ry BLOCK 00 � "5' r I I� ,P2 N LOOT 9 � STREET 5 (83 R.O.W.) �_ TREE 1 .� � ST = m I LINE^� Iz I I N I i I - 1= N m 1 I I 1 0.0(' Do �J 0 1 ® ll ® I CO MON z-t I I o r- W 20 -A I I 11 OPEN SPACE LLJ o cv l� I = 00 o �L, C� `2� C� =1 � I I (n 12' R.O.W. I 0.93 ACRES ILO I 1 I 1 _ "4- oo = DEDICATION 8' PEDESTRIAN 1 0l0 00 8 PEDESTRIAN 1 z `�' U' `� ACCESS EASEMENT 25' UTIL. 1 � o a'. I- 30' DRNG. & ACCESS EASEM NT EASEMENT o L' o UTIL. EASEMENT z z 32' BLDG. S TB CK 32' BLDG. SETBACK 32' BLDG. SETBACK l - - - - - N 88'54' 16" W 1261.13' - - - - - - - - N 88'55 18-T` W - - 5 5 ------------ m 30' DRNG. & OORI3UTT ADDITION 0° SURVEY LINE UTIL. EASEMENT EAST SOUTHLAKE BLVD. (F.M. 1709) VOL. 880-168, PQ• 12 APPROVED CONCEPT PLAN (130' R.O.W.) 00 SOUTHLAKE COMMONS MIXED USE 14 AG MIXED 13 _ 12 USE WEST 476.89�- - - STREET "4! (83 PLOW) EAST ----- 51000T--- T.P.& L. EASEMENT VOL. 2581, PG. 10C D.R.T.C.T. (TO BE ABANDONED) ON OPEN SPACE LOCK 8 5.649 ACRES I / Q io M w o / 0 z o� o NI 1 NR-PUD BLOCK K 0 I Av � 1 z W 40' ACCESS EASEMENT N I of I (n LOCK 28 I 8' PEDESTRIAN 8' PEDESTRIAN 12' R.O.W. I ACCESS EASEMENT ACCESS EASEMENT IE ICAMON 32' BLDG. SETBACK 32 BLDG. SETBACK 5' �� 30' DRNG. do 1 2 UTIL EASEMENT EASEMEN GORBUTT ADDITION SP2 C2 SURVEY LINE VOL. 800-209, PCi° 90 MIXED USE 15 P°�°T°�'T° 16 17 MIXED USE 18 OT 2A, BLK 1 LO 6, BLK 1 LOT B K 1 NO. OWNER VOL. PG. j 1 CITY OF SOUTHLAKE 2 GREENWAY-CARROLL ROAD PARTNERS L.P. 11445 1627 3 JOHN L. COLE 12023 1326 4 - ALTON RAPE 11110 906 5 JOHN L. COLE 12023 1325 6 HANSEL L. & EDITH L. SPARKS 11893 70 7 SOUTHVIEW PHASE II JOINT VENTURE 11167 2338 8 BRIAN A. PAULSEN & BOBBI E. SPREHN 11736 722 9 MENDEZ 12349 1818 10 JUERGEN F. STRUNCK 11 CFNVESTS SOUTHLAKE JOINT VENTURE 2828 950 12 ANITA H. PRADE 13 M_L. & W.E. DALTON 14 SMOCK & HUSSEINI JOINT VENTURE 9474 1084 15 EARNEST E. TAYLOR 10986 2185 16 BARRY K. EMERSON 12376 1565 17 MARTIN W. SCHELLING 18 PAUL R. & DOREEN BRUTON 12263 227 19 GARY A. & JANICE L. MYRON - 20 JAMES P. FARRAR 21 T&M SOUTHLAKE DEVELOPMENT CO. 11528 825 22 HOME DEPOT USA 23 DIAMOND SHAMROCK CORP. 6812 2108 24 CAROL J. PETERKA, ET. AL. 8516 595 25 BEAR CREEK COMMUNITIES, INC. 10136 916 7nnliMr I FrFNn R n w_ CIJRVE DATA CS COMMUNITY SERVICE C-1 =46.2246 R=85.00' T=36.52' L=68.98' C-5 =14*45'09" R=1053.00' T=136.32' L=271.13' AG AGRICULTURAL RE RESIDENTIAL ESTATE SF1A SINGLE FAMILY RESIDENTIAL SF1 B SINGLE FAMILY RESIDENTIAL SF30 SINGLE FAMILY RESIDENTIAL _ SF20A SINGLE FAMILY RESIDENTIAL SF208 SINGLE FAMILY RESIDENTIAL C-2 0=46.29'46" R=85.00' T=36.52' L=68.98' G-6 =14.48'54" R=953.00' T=123.90' L=246.42' MF1 TWO FAMILY RESIDENTIAL MF2 MULTIPLE FAMILY RESIDENTIAL 01 OFFICE DISTRICT 02 OFFICE DISTRICT C1 NEIGHBORHOOD COMMERCIAL C2 LOCAL RETAIL COMMERCIAL C-3 A=46.29'46" R=85.00' T=36.52' L=68.98' C-7 0=15'00'00" R=1050.00' T=138.24' L=274.89' C3 GENERAL COMMERCIAL C4 ARTERIAL MALL COMMERCIAL B1 BUSINESS SERVICE PARK B2 COMMERCIAL MANUFACTURING 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL HC HOTEL C-4 0=46.29'46" R=85.00' T=36.52' L=68.98' G_8 A=15*00'00" R=950.00' T=125.07' L=248.71' MH MANUFACTRUED HOUSING PUD PLANNED UNIT DEVELOPMENT SP1 DETAILED SITE PLAN SP2 GENERALIZED SITE PLAN FUTURE R.O.W. TC ACQUIRED IF NECE FOR STREET "A" T CONNECT TO S.H. C3 MIXED USE 24 20' UTILITY EASEMENT LOT 4, BLK 2 C3 MIXED USE e 21 LOT 8, BILK 2 50' COMMON ACCESS ESM T. C3 MIXED USE a LOT 1, BLK 2 HIRON ADDITION AB. A, SLIDE IaGM P.R.T.C.T. � 19 = o� 100 0 100 200 300 SCALE: 1 "= 1,00' PRELIMINARY PLAT SOUTHLAKE TOWN SQUARE A 7.932 ACRE TRACT OF LAND IN THE RICHARD FADS SURVEY, ABST. NO. 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: MARCH 1, 1999 SHEET 1 OF 1 DEVELOPER COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE TEXAS 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 ENGINEER WALTER P. MOORE AND ASSOC. 3131 EASTSIDE SECOND FLOOR HOUSTON, TEXAS 77098-1919 PHONE: (713) 630-7300 FAX: (713) 630-7396 POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX: (214),954-0855 DEVELOPER: COOPER Ft STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER & BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER S WALTER P. MOORE & ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972) 248-3855 M/E/P ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BL&P ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-5186 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-12?6 FAX: (214) 965-1363 Wor ��,� of rF�,�s1 or •.KARAM•F. ABU ..........................HAMDAN • 83198� $•` Illo'. </ O �°�®1aNAL LNG N0. DATE SUBMISSION 03.01.gl 15-P-1 5UBMITTAL SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEKAS PRELIMINARY PLAT R�C'p VAR 10 1999 2 NORTH PHASE BLOCK 10 BLOCK 97074.08 1 OF_ JOB N0. SHEET rn n N O 3 g M_ 00 (N 0 U r` 00 0 Q .p a V I O 0 I € ( € N -ln L(-) LL.! r - —I 00 Q Y U Q -r LtJ n X F.. € Z 0 0 O I Q CI0 U LLJ .7 0 D t 0 m V)< U I 0 0 �n LLB �-- t1 U = C] LLJ -r- t� Q 0 I`"" L <W-'om x V)< OVJNBY LANE (so' R.o:W.) 0i (N >n In Ljj r- YQw QU 1 UI m t� LJ Q �-- c�0E-�o �0M to � U } 0 } ! z Z Li j n W Y Q ` Uj i } ANTE < J(YU© } � J Q � CO Q LLJ - Lij <C ! € i M T 0 i t Lj it I Q M D 10 I I I M M U0U } } � 1 I ! € } t � � I I C3 -- MIXED USE BLOCK 11 THE FECHTEL GROUP F — ,-n I I I I t I I 1 , i } )�d15 Fx4tt', j1 } — 4' Dio. MH w/ C3 - MIXED USE BLOCK 11 THE FECHTEL GROUP r C3 - NR UD BLOCK SOUTHLAKE VENTURE WEST, L.P. SITE DATA SUMMARY Existing Zoning C-3 Proposed Zoning S-P-1 L.U.O. ' M'nced Use Gross Acreage 317.378 S.F./7.286 Ac. Net Acreage (Less Streets) 257,D91 S.F./5.902 Ac. Area of Open Space (1) 63,910 S.F.11.467 Ac. Area of Open Space (2) 24.851 X Outside Storage OX Total Building Area 58.823 S.F. S.F. Broken Down by Use (3) - Retail 27.126 S.F. - Restaurant 1.480 S.F. - Office 8.540 S.F. - Post Office: Public (4) 4.436 S.F. - Post Office Mal Processing (5) 17.241 S.F. 3atotFbor..Area .58.823 S.F. Parking Spaces Required (6) 334 Parking Spaces Provided (6) 334 Loading Spaces Required (6) 3 Loading Space Provided (6) 3 Schedule of Exist. Development Not Applicable Schedule of Proposed Development 06/99 - 06/00 NOTES: (1) Includes area for future parking lot expansion inside Post Office compound. Such expansion is considered unlikely at present. (2) Percentage is calculated on Net Acreage, excluding area of streets and sidewalks. (3) Square Footage areas are approximate and assume a representative tenant mix consistent with current conditions." 4() €ncWdes Post Office Retail Store and Mail Boxes area. (5) Includes all yeas not accessible to the public. (6) See Adjacent Parking Table. GENERAL NOTES (1) ANuses slyconform to underlying C 3 Zoning as modified by S-P-1 Site Plan District Regulations. (2) Building entrances wBbe defined upon application of proper permit. (3) AN pavement sholibe Asphalt with Conc. Curb and Gutter. (4) AD sidewalks shall be concrete. PARKING TABLE S.F. (1) Required(1) Provided(2) Regular -Retail0200 S.F.) 27,126 136 136 -Office (1:300 S.F.) 8,540 29 29 -Restaurant (1Y100 S.FJ ` 1,480 15 15 -Post Office (Public)(3) 4.436 20 20 -Post Office (Non-Public)(3) 17,241 109 109 TOTAL 58.823 309 309 Handicapped Spaces 12 12 Loading Spaces (4) 2 3 NOTES: (1) Square -footage -areas' -by -use are -approximate assuming -a - representative tenant rnix consistent with current market conditions. Actual requirements and provisions for parking will be determined by final tenant mix. (2) Total Parking provided includes additional parking as required in Southlake Town Square N.RP.U.D. Block 2 (up to 50 additional spaces in support of Build€ngs 10C and 10D) Cumulative parking tabulations identifying such shared parking shop be submitted with each Southlake Town square N.R.P.U.D. Site Plan and/or Development PknL (3) Parking is shown per U.S. Postal Service requirements. Non-public parking (including employee and delivery vehicle parking(is provided entirely within the screened compound in Lot 2. Public (customer) parking is provided in adjacent street parking to the east along State Street and to the south along Prospect Street. (4) One (1) loading space is provided in Lot 1. The Post Office provides additional loading spaces as required pursuant to U.S. PostolService requirements. Future lease -up will determine octual looding requirements. (5) Overflow parking -provided in Phase I Plans. OWNER THE FECHTEL GROUP C/O COOPER & STEBBINS, L.P. 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817)329-8400 FAX: (817)251-8717 DEVELOPER COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE TEXAS 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 FIRM IMPLEMENTING PLANS WALTER P. MDDRE AND ASSOC. 3131 EASTSIDE SECOND FLOOR HOUSTON, TEXAS 77098-1919 PHONE: (713) 630-7300 FAX: (713) 630-7396 LEGEND 'i.77�TITTITl: PROPOSED BUILDING PROPOSED CURB PROPOSED FENCE PROPOSED LIGHT 40 0 40 SCALE: 1"= 40 80 120 0 POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSONIWELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522.8537 FAX (214)954.0855 DEVELOPER: COOPER It STEBBINS 1721 EAST SOUTHLAKE BLVD;. SUITE 100 SOUTHLAKE, TX 76092 PHONE:-(817).329-M . FAX (817)251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER,. CHARLES GOJER 6 BROCKETTE DAVIS DRAKE. ASSOCIATES, INC. INC. PHONE: (214) 301199 PHONE: (214) 824-3647 FAX 1214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CML ENGINEER: CHARLES GOJER 6 WALTER P. MOORE 6 ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX (214) 3484053 FAX (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972) 248-3855 M/FJP ENGINEER: WE/P ENGINEER: BASHARKHAH ENGINEERING, 8L6P ENGINEERS, INC. INC. PHONE: (214) 824-%69 PHONE: (214) 692-5186 FAX (214) 824-5848 FAX (214)692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214)966.1363 KARAM F. ABU-HAMDAN .............................. :oc : 83198 SOUTIRM TOWN SQUARE F 2 ' BLOCK 1 O SITE PLAN SOUTHLAKE TOWN SQUARE NORTH 2 A 7.932 ACRE TRACT OF LAND IN THE PHASE RICHARD EADS SURVEY, ABST. NO. 481 BLOCK 10 CITY OF SOUTHLAKE BLOCK TARRANT COUNTY, TEXAS �� � g9 97074.08 1 OF fa JOB NO. SHEET F j y i } t I s LOT 1, BLOCK 5 SOUTHVIEW PHASE 2 CABINET A, SLIDE 1350 0.R.,T.Co.,Tx. OWNBY LANE 111'.) LOT 1, BLOCK 5 +' SOUTHVIEW PHASE 2 CABINET A, SLIDE 1350 O.R.,T.Co.,Tx. LOT 2, BLOCK 5 SOUTHVIEW PHASE 2 CABINET A, SLIDE 1350 O.R.,T.Co.,Tx. 42' 25' W W 'S QO O 0 � o = N 0 0 O O Ili O O < L7 z � U z 0 77 42' 3 MK,11/-1MU CHUJ INU. `+01 hiUUI IIUIN CABINET A, SLIDE 585 P.R.,T.Co.,Tx. 639.14' EAST CD POST AVENUE .f� G EAST 515.02' 40' Dedicated \ for R.O.W. 7 b I I 25' PUBLIC U-ILIT Y� „w EASEMENT Es L _ O O 7 Q � M co L 0 T 1 C.) ." o ( Area = 2.812 Acres m or 122,493 Square Feet N I �\ I �t I EAST I WE 13.89' B L 0 C K 0 IILO 0 0 N (n I I I --� 13.89' 50' Dedicated I for R.O.W. EAST 172.25' 22' Dedicated 25' PUBLIC UTILITY forF.O.W. EASEMENT 1 370.65' WEST 513.40' WEST Ln 574.33' o mLn' N — 0 Ln 0 N PROSPECT STREET N (� 0 00 N z w 25' BOCK 2 25'. r� LOT 2 Area = 3.090 Acres or 134,609uare Feet ® r ':....,,r- Grp 0= 0 ~ 00 11' Dedicated for R.O.W. - 142.75' O 0) Cl) N N 4 2.5' 31.5' 6`3 �0 00 0 v O 0 cn Ln T /� I O O O �^ OO O " J /A� :D4 O Ln 0 31.5' 63' ROW SOUTHLAKE TOWN SQUARE PHASE ONE CAB.____, SLIDE ---- P.R,T.Co.,Tx. 40 0 40 SCALE: 1 "= 40 80 120 — LEGEND — IPF IRON PIN FOUND IPS IRON PIN SET @ SANITARY SEWER M.H. 0 S.S. CLEANOUT O WATER METER ® WATER VALVE FEil ELECTRIC TRANSFORMER EQ ELECTRIC RISER �T TELEPHONE RISER ® GAS METER 0• SIGN POST b FIRE HYDRANT bi POWER POLE ® LIGHT POLE —�) GUY WIRE — E E — OVERHEAD ELECTRIC — T T — OVERHEAD COMM. —W—W— WATER LINE —SS —SS— SANITARY SEWER LINE —� I-- I I— PIPELINE — X X — FENCE TREE SYMBOL TREE TYPE (gCTRUNK DIAMETER IN INCHES P=PYRACANTHA H=HACKBERRY E=ELM O=OAK B=BOIS D'ARC M=MESQUITE C=CATCLAW TREE SURVEY SOUTHLAKE TOWN SQUARE LOTS 1 AND 2 BLOCK 10, PHASE II AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS IN THE RICHARD FADS SURVEY, A-481 7.932 ACRES DECEMBER 30, 1998 ( 2 - LOTS ) THIS PLAT FILED CABINET . SLIDE DATE Copyright 1999 Sempco Surveying Inc. 3208 S. MAIN ST. FORT WORTH, TX 76110-4278 TEL: (817)926-7876 FAX: (817)926-7878 -9JRVE'nNG-MAPPING-PLANNING-CONSULTANTS Project No. 6960—FP GD MAR 10 1999 POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX: (214) 954-0855 DEVELOPER: COOPER 8 STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER 8 BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER'& WALTER P. MOORE 8 ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972)248-3855 M/E/P ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BLBP ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-51 B6 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214)965-1363 a;6E°�i" KARAM F. ABU-HAMDAN .......................... s NO. I DATE I SUBMISSION SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEKAS TREE SURVEY NORTH 2 PHASE BLOCK 10 BLOCK 97074.08 6 OF 6 JOB NO SHEET I USE 03 „ I 1 I �■ - 1, (1 ` ' T 1 , '1 RICHAF;O EARS N0. 1 D1TlQN 01 ; 1 CAS. n. s ' E sus MIXED USE P.R.z.c.r. f � 0 1 1 ' C=0.7 I�Nr- , i 1 42' C=0.40 S 89'53'32" E DRNG. EASEMENT 18.06oc SOUTH CREST J I (64' R.O.W.) S W41'56" £ I a✓"' _' �-• - 35S.Ot' ; i.1Mrt OF AUD EAST I ' 1 } POINT OF 01 I I1 ? BEGINNING MiXED USE _j C I ' .� i LOT 2 i; I 1 BLOCK 12 ' o 1 I� C=0.60 j C3 z COMMON TEMPORAR16r 1 OPEN SPACE DETENTION MIXED USE I POND 32' $LOG. SETBACK j BLOCK 14 MIXED USE 11 t j i 3.663 ACRES WEST goo 1 ; OWESr 6T8.02 - � /. I}{ 1 I STREET "t �0(03' R.O.W.) ��'\41 sn.- I ! ■ � rwcr cnn nx' o 1 log ` e Nh YY.�Iy •M- r , 1 � W LOT M. 8LK I .83 I! t I=na V I o 1 I ' , ' a G OWNBY LANE,>3 I g o a (50- R.O.w.) _ 1 bW^ T �) u- ! U)O'-W� 1a� I I I r LOT 1, 3LK 5 11 Ny 1 I I ' 1 Z z'o4,^ Z /-\ I W d 1 , 1 ' I , 1 AG I ( d ZI- L�I Z L� g <n 9 Lil 1 jI1 sx: , i �100 400, / Z /tea• y j � NR-PUD / BLOCK 17 LOT 1 Its, s°• r C= 0.30 ��ry o� �( .85oc / TREE NR-PUD LO3(0 t 6 -.-.� ��� �i •�� •���■����a��a���a •r ��1 VOL, 388-156, PC. 12 ` SOUTHLAKE COMMONS ~� �■ a _ MIXED USE ~� (130' R.O.W.) P.R.T.C.T. 14 LOT DRAINAGE AREA COMPUTATION DRAINAGE AREA NO. AREA ACRES I IN 9100 CFS) REMARKS Al 0.16 8.88 1.42 ROOF DRAIN A2 0.41 8.88 3.64 CURB INLET A3 0.31 8.88 2.75 GRATE INLET A4 0.27 8.88 2.40 ROOF DRAIN A5 0.15 8.88 1.33 CURB INLET A6 0.23 8.88 2.04 GRATE INLET A7 0.25 8.88 2.22 CURB INLET A8 0.19 8.88 1.68 ROOF DRAIN A9 0.25 8.88 2.22 ROOF DRAIN A10 0.28 8.88 2.52 ROOF DRAIN DP 3.12 8.88 24.71 BY OTHERS NOTE: DRAINAGE CALCULATIONS ARE BASED ON CITY OF DALLAS DRAINAGE DESIGN CRITERIA. DESIGN STORM=100 YR., TC = 10 MIN.. LOT 2 \ LEGEND Al DRAINAGE AREA NUMBER DRAINAGE DIVIDE PHASE I DRAINAGE DIVIDE PROPOSED INLETS PROPOSED DRAINAGE SYSTEM EXISTING INLETS EXISTING DRAINAGE SYSTEM FUTURE R.O.W. To 8E ACQUIRED IF NECESSARY FOR STREET A` TO CONNECT TO S.N. 114. 21 ' LOT 3. SLK 2 50' COMMON Access ESM-T. POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT- DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX- (214) 954-0855 DEVELOPER: COOPER & STEBBINS 1721EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE:1817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES 60JER 6 BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340.1199 PHONE: (214) 824-3647 FAX (214)348-8053 FAX'. (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER 6 WALTER P. MOORE 6 ASSOCIATES, INC. ASSOCIATES PHONE:1214) 340-1199 PHONE: (713) 630.7300 FAX: (214) 348.8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972) 248-3865 MIVP ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BLBP ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-6186 FAX (214) 824-5848 FAX (214)692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214) 965-1363 2 - Z't - 91 iaw F,aa au-(ia"oai' 9: 83198• •••••.:Q SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEXAS MASTER SITE DRAINAGE PLAN . �`--�-��-_._ __._._._.-_.-__--+r- -------------u-`as 33s's w ---�-_----_"szo.00•--------------------�--------MAR 1999 1 Ci 0.87oc VORBUTT ADDITION SP2 C2 JL. 388-205. PC. 1O MIXED USE ``� P.R.r.c.r. MIRON ADDITION � SURVEY LINE CAB. A, SLIDE 1252 NORTH ry 2 PHASE �15 \r l MIXED USE BLOCK 10 100 0 100 200 300 BLOCK 5 OF 6JOB 9 7074.08 SCALE: 1 "=100' NO. SHEET I El milli IIIIWI►[to Wso � umun i �� u i ununn n nui 3 "1■11 ■ I `... ME■O�■■■ 11lI■■■Illf=■�Io■■l!ls RC','� SIC ■1�2'�, �Tr1iV-----X%AJR7----YTC ! 1! ts-l! 11 IYA1:211111 all 0 loin !l/1— ■�■A: ■■■■ ■■MEMO■■ ■■■■ - ■■�� c In■I� .• T vN �.wft �a�m� es,cmanm u:. vr -,... 9�.''' ax, s��;�saF►rrorc���Xw, ��. �� rWu *.atr aatr��a�+e �0 __ __ _ �.,,�.rv.��y•IAC�/w(!!:.i.t']C1C)��R'1.J.',I:Yf\�.v.Yt-=•.:Vr.J�iY•T�f_h.•11r1feMr�•..-.a�r�-✓tea.-.. .�� ♦.. IIL� �III�f .;III ai I � aa�l iaa I wirnu KE TOWN SquAf PHASE 2 - BLOCK 10 WHIM AKF_ TFWAS BLUCK 10 BUILDING ELEVATIC 05 I BUILDING 10A—ELEVATIONS 1/20e 011 BUILDING 1C [1 llo BLOCK 10 _OCK I OF 6- __- ,_, _ _ _ - _ _ _ __ ___ - __ i � � � I LEGEND Ln L _u �- Luf L ' s:. 0 x 0. z 0 I_L-) r } < CD ! ) ;1 } U-) ICJ U • < J L f 1 z L.L < : J ma's < �-- : y` .J r' .i �) �~J un L� x < y I- CL 9f < C'4 1 r Z t {.✓ a r00 �I d in 1 i.��.j ,.mot..- •J } Vr 00 o L E ? i o i � t E o , , GRADE TO DRAIN Tp, TEMP. DETENTION Mhd- , TAP( /V H1 9541111- STA. 502+00 LINE "A" CONST. STD. 6 CURB II TOP=637.00 FL=634.00 f ✓ f f PP f, PROPOSED STORM DRAIN I EXIST. STORM DRAIN — — PROPOSED SAN. SEWER PROPOSED WATER LINE EXIST. WATER LINE -- ---- --- b> PROPOSED WATER METER PROPOSED CURB INLET Q PROPOSED Y INLET • PROPOSED STORM MANHOLE O PROPOSED SANITARY MANHOLE - PROPOSED FIRE HYDRANT EXISTING F.H. EXIST. CURB INLET EXISTING CONTOURS 650 PROPOSED CONTOURS TP PROPOSED SPOT ELEVATIONS FLOW DIRECTION POST OFFICE SOUTHLAKE TOWN SQUARE ARCHITECT: ARCHITECT: DICKSON/WELLS PARTNERS, URBAN ARCHITECTURE INC. 7001 PRESTON ROAD 703 MCKINNEY AVENUE SUITE 210, LB 12 SUITE 401 DALLAS, TX 75205 DALLAS, TX 75202 PHONE: (214) 522-8494 PHONE: (214) 871-0616 FAX: (214) 522-8537 FAX: (214) 954-0855 DEVELOPER: COOPER & STEBBINS 1721 EAST SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 STRUCTURAL ENGINEER: STRUCTURAL ENGINEER: CHARLES GOJER 8 BROCKETTE DAVIS DRAKE, ASSOCIATES, INC. INC. PHONE: (214) 340-1199 PHONE: (214) 824-3647 FAX: (214) 348-8053 FAX: (214) 824-2586 CIVIL ENGINEER: CIVIL ENGINEER: CHARLES GOJER 6 WALTER P. MOORE & ASSOCIATES, INC. ASSOCIATES PHONE: (214) 340-1199 PHONE: (713) 630-7300 FAX: (214) 348-8053 FAX: (713) 630-7394 TRAFFIC ENGINEERING: LEE ENGINEERING, INC. PHONE: (972) 248-3006 FAX: (972)248-3855 M/E/P ENGINEER: M/E/P ENGINEER: BASHARKHAH ENGINEERING, BLaP ENGINEERS, INC. INC. PHONE: (214) 824-5559 PHONE: (214) 692-5186 FAX: (214) 824-5848 FAX: (214) 692-5189 GENERAL CONTRACTOR: HCB CONTRACTORS PHONE: (214) 965-1226 FAX: (214) 965-1363 s ........... OF fi �"i Z. 2- q c or �. J.......................>.<...� KARAM F. ABU-HAMDAN ................................of 83198 cI IRKAvQ zinm SOUTHLAKE TOWN SQUARE PHASE 2 - BLOCK 10 SOUTHLAKE, TEXAS GRADING - UTILITY PLAN SCALE: 1 " = 40' NORTH 2 PHASE 40 0 40 80 120 BLOCK 10 BLOCK m m m (E SCALE: 1 "- 40' 97074.08 2 of E JOB NO. SHEET I