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1994-02-01 CC Packet
City of Southlake,Texas M E M O R A N D U M January 20, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Subdivision of Single Tracts of Land Staff is faced with a reoccurring request of property owners to sell off the front or back half of their properties. Typically, these tracts are very narrow and are very deep in length. This issue was part of the discussion we had during the platting of Drs. Meyer' s property on North Peytonville Avenue. Two other examples come to mind as well . Marvin Cook' s property at 1835 North Peytonville Avenue is a 10 . 00 acre tract which is currently zoned 11AG" and has never been platted. According to the TAD maps, the property has 240' of frontage on North Peytonville Avenue and is 1, 820' deep. It is my understanding that he would like to sell off the back half of the property. We have more recently been approached by Joe Gregory at 1100 West Southlake Blvd. with a similar request. He has approximately four (4) acres he would like to subdivide into two lots with only the front lot having direct access to an approved city street (i .e. West Southlake Blvd. ) . He proposes to access his home on the rear lot by a 60' access easement . His tract has approximately 275' of frontage on Southlake Blvd. and is approximately 685' deep. Staff utilizes the following references when dealing with these situations : The Zoning Ordinance No. 480, as amended, provides the following: 4 .2 DEFINITIONS LOT - A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street . A lot may consist of a parcel of land designated as a lot on a plat filed in the County Plat Records . (As amended by Ordinance No. 480-D. ) TRACT - An unplatted parcel of land described by metes and bounds and typically recorded in the County deed records . (As amended by Ordinance No. 480-D. ) 7 . 5 LOTS TO HAVE ACCESS - Every building or structure hereafter erected, reconstructed, altered, enlarged or moved onto a tract or lot shall be on a lot adjacent town approved public or private street and shall be so located so as to provide c safe and convenient access for servicing, fire protection, and required off-street parking. Nothing contained in this section shall prevent a building or structure from being erected, reconstructed, altered, enlarged or moved onto a tract or lot which is zoned residential or agricultural and is not adjacent to an approved public or private street if such construction meets all other requirements of this ordinance and other regulations and is for any of the following purposes : (As amended by Ord. 480-K) 1 . Adding to an existing building or structure; 2 . Altering an existing building or structure; 3 . Adding an accessory building or structure; 4 . Restoring any building or structure previously destroyed by fire, explosion or any other casualty or act of God, where the extent of the destruction is not more than fifty percent (501i) of its reasonable market value; or 5 . Construction of a new residential structure on a platted lot approved by the City. " The Subdivision Ordinance No. 483 , as amended, provides the following: "Section 2 . 01 Division of Property: A. Hereafter every owner of any tract of land within the corporate limits of the City or within the extraterritorial jurisdiction of the City who engages in the act of subdivision as described and defined herein shall cause a plat to be made thereof which shall accurately describe all of said tract by metes and bounds and locate same as required by Section 3 . 03 . No plat may be recorded no lot maybe sold and no transfer of title to any part of such tract of land shall be made until a plat accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the County Plat Records . Section 4 . 01 General Provisions : C. Proper Zoning Required: No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City. Section 8 . 01 Lotting Requirements : (Amended Ord. No. 483-A) A. Every lot shall abut on a public street or a private street . Section 9 . 02 Violations : C. Permit Denial : No building, plumbing , electrical, mechanical, excavation, permits, zoning actions, certificates of occupancy or authorizations for utility service connection shall be made for any construction, activity or occupancy occurring on a lot, tract or parcel in an unrecorded subdivision or development until the subdivision or development is brought into compliance with the terms and conditions of this Ordinance. To be in compliance with the City' s subdivision and zoning ordinances . Mr. Cook, Mr. Gregory or others in a similar situation will have two (2) options : (aw 1. Dedicate a 50' R.O.W. and build a 31, (back-to-back) concrete street with a cul-de-sac to serve the back lot . (This street could also be private, but construction requirement will be the same. ) 2 . Create two lots with each having a minimum street frontage of 1001 . However, this will create "flag lots" within the City. These are our only options as currently provided. It is my understanding in discussions with you that there may be some interest on City Council to amend the ordinances to provide relief in the form of other options by amending the current ordinances. In the absence of amendments, however, our options are limited. bWv KPG DEVELOPER: The owner of land proposed to be subdivided or his representative. DEVELOPMENT: Any activity that requires the submission of a subdivision plat, development plan, or the securing of a building permit . EASEMENT: Authorization by a property owner for the use by another, and for specified purpose, of any designated .part of such property. FEASEMENT. COMMON ACCESS: Common Access Easements are easements are intended to provide shared drives for commercial, trial, and high-density residential developments. These are ate easements owned and maintained by the adjacent lot owners. EASEMENT, UTILITY: (Abbreviate U.E. An ,easement generally used for the installation, maintenance, and operation of water, sewer, electric, telephone, cable, gas, and other similar utilities. No permanent structures other than fences shall be allowed in these easements. EASEMENT, DRAINAGE: (Abbreviated D.E. , typically D.+U.E. when combined with utility easements) A delineated portion of land set aside for the overland or underground transfer of storm water. This area shall not have any permanent structures, fences, or other obstacles hindering the safe transfer of water through the easement . ENGINEER: Any person who has been licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state, and listed in State Records as "Civil" . ESCROW: Money placed in the possession of the City to accomplish the purpose set out in this ordinance, including, but not limited to, the following: purchase of right-of-way, design and construction of drainage and sanitary sewerage facilities, water, curb, gutter, and pavement . FRONTAGE: That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot . LOT: A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development . LOT DOUBLE FRONTAGE: Any lot, not a corner lot, with frontage on ' two streets which are parallel to each other or within forty five degrees of being parallel to each other. 1-4 «.. ,�� dy e Gcoz;e(6 4%7 wc1.4ys 0L,(G and►�G r �`.ti,rG i� OW L _• F. Private Streets: The developer, may, at his own option, choose to provide private streets in the subdivision plans. Construction and maintenance of these private ways will be the responsibility of the developer and/or subsequent owners. All private streets shall conform in design, width and construction, including the R.O.W. thereof, with all require- ments for public streets as controlled by this and other ordinances of the City. Additionally, all areas designated for private streets or other access ways shall also be designated as Public Drainage and Utility Easements. G. Alleys : Alleys shall not be allowed unless specifically approved by the Coun-JI H. Limitations on Driveway Access: 1 . Access Prohibited: To minimize traffic hazards created by numerous intersections along major thoroughfares, where a residential subdivision will abut on or contain an existing or proposed arterial street, the plan shall be designed so that direct vehicular access from any residential lot to such arterial street is prohibited. Where other means of access are not available or permit- ted, alleys or private easements for access shall be Y provided when specifically approved by the Council. The street system should be designed to allow a minimum of individual access drives to collector streets. S; 2 . High Density Residential Access : For the benefit of traffic safety in areas of higher density residential development, high density residential subdivisions shall be designed to provide rear entry access from a private access easement where the characteristics of the particular subdivision render such access appropriate for the benefit of the public health, safety and welfare. 3 . Plat Requirement : The following note may be required on the face of any plat intended to be filed in the County Plat Records. ` "No lot within this addition shall be allowed driveway access onto Street" ISection 5 . 02 Right-Of-Way 5 . 02 Right-Of-Way Retirements : A. Street right-of-way shall be as shown in the Thoroughfare 'I Plan, and where not shown therein, shall be not less than the following: I ! I ' i 5-2 ARTICLE IX MISCELLANEOUS PROVISIONS Section 9 . 01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordi- nary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2 . Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Section 9. 02 Violations: A. Fines: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed. The above penalty shall not apply to a violation in the City's extraterritorial jurisdiction. Two Thousand Dollars and No Cents ($2 , 000. 00) for all violations affecting involving fire safety or public health and sanitation and Five Hundred Dollars and No Cents ($500. 00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. B. Injunctions: The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the vio- lation of any provision of this ordinance within it' s municip- al boundary or within its extraterritorial jurisdiction, and 9-1 to � A I . v 1 t D .A2 I O .[T A-72 A >ArA[Y A-"W P � t x 1 twA rAa I ~ PQ CC w 2c is -y o IN r 7 1 tA1 U 1N 1 A �� 7A75 ' A ! % to to tq tp IN n I u ON 1Q 10 I D 0 K W4 'Pip D ol ZA I j I ` tA T 1 TliIT\ -V - �o /� �� EA ES W I R.J. I A � I W a I 2As , x ' 2AI tA'� ' JA O I 4 El E I D IA DA W a ' a ----0 --i 1 , � 1 ' 1 1 I ua I x 1 A w IA P JAI ' 4flAfl✓]A q _ Inr\erA�n n City of Southlake,Texas M E M O R A N D U M January 27, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: North Randol Mill at Ringswood Attached is a letter just received from Mr. Benson, developer of Brookforest Subdivision. This is the first acknowledgement of my conversation and subsequent letter to him. A Tx-Dot engineer estimated that a cost to install the necessary traffic signals, controllers, detector loops, etc. , at $75 , 000 . Bob Whitehead Attachment : Letter e RECEIVED J A N 2 5 1994 January 7, 1994 DEPT.OF PUBLIC WORKS Dear Mr. Whitehead, I have forwarded your letter of 12-13-93 on to Brookforest Development, Inc. and expect a response soon. Without their instructions, I can not authorize the studies you mentioned. I would like to clarify one point you mentioned in your letter regarding Mr. Godsey's request for a traffic control light. He recommended, not a four way red flashing light, but rather a single flashing red light facing South on Randol Mill Ave. to give North bound drivers an opportunity to see obstacles that may lay just below the North crest of the hill in time to avoid an accident. Currently the most critical danger is to Southlake residents attempting to exit Kingswood Dr. out onto Randol Mill Ave. A North bound car going within the speed limit can not stop in time to avoid striking a child on a bike, a pedestrian or an auto, all attempting to enter Randol Mill from Kingswood. As you mentioned, eventually the State will improve this street and remove the hazard on Randol Mill. Mr. Godsey's suggestion seems to me to at least remove the current danger to Kingswood Dr. and also provide a secondary benefit to Brookforest Drive which lies at a safer distance from the crest of the Randol Mill hill. Sincerely, Dennis Benson CC : Brook Forest Development Inc . George Staples , !attorney City of Southlake,Texas M_E 1vI O R A NU U M -- January 2_i_1994 TO: Bob Whitehead . Director Public Works FROM: Malcolm Jackson . Administrative Coordinator SUBJECT: Accident Statistical Data Requested - Kingswood ------------------------------------------------------------- Pursuant to your request . the accident information for the intersection of Kina_swood and Randol Mill was researched . The results reflect the following information : 10-21-91 Major Accident Contributing Factor=Speeding 11-17-91 Major Accident Contributing Factor=Fail Yield ROW The data that is available via computer begins with January 1991 . If any research prior to 1991 is necessary . a manual review of the records through communication/records will be necessary . It should be noted that there have been other accidents on Randol Mill . but these were the only two in the 900-1000 block of Randol Mill at the intersection of Kinaswooa . I am available for questions or comments . .44� hIWJ/mw i cc : billy Campbell . Director Public Safety c City of Southlake January 17, 1994 Mr. Dennis Benson layor: 1025 Westminster iaryFickes Mansfield, Tx 76063 iayor ProTem: Re : Brookforest Subdivision at North Randol Ave . arty Farrier ouncilmembers: Dear Mr. Benson: arry K.Emerson /.Ralph Evans The City of Southlake has yet to hear f rom you as to tephen W.Apple Sr. which of the four options for the proposed street called :)n Michael Franks ndrew L.Wambsganss Brookforest Drive to be connected to North Randol Mill Ave. These options were discussed with you in a meeting ityManager: in my office on November 11, 1993 . urtis E.Hawk itySecretary: Let me clearly state the City of Southlake' s position: andra L.LeGrand 1 . North Randol Mill Ave . in its entirety is within the jurisdiction of the City of Southlake . 2 . Your subdivision street plans specifically the street known as Brookforest Drive has never been approved by the City of Southlake to be connected to North Randol Mill Ave . 3 . Your subdivision' s drainage, which impacts residents of the City of Southlake, has never been submitted or approved. 4 . The intersection created by your Brookforest Drive does not meet City subdivision standards . 5 . The intersection created by your Brookforest Drive creates a potential traffic hazard. 6 . You have not responded with a chosen option or any alternative to solve your problem. Therefore, your Brookforest Subdivision' s Brookforest Drive is not allowed to connect to City of Southlake' s North Randol Mill Ave . I am available to work with you or your engineer at any time to resolve this traffic safety problem. Sincerely, Robert R. Whitehead, P . E. Director of Public works Wthead\brk.fst XC: City Attorne087 No fth Carroll Avenue• Southlake, Texas 76092 M. Barnes (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER" C • City of Southlake December 13 , 1993 Mr. Dennis Benson 1025 Westminster Mayor:Gary Fickes Mansfield, Texas 76063 Mayor ProTem: Re: Brookforest Subdivision at N. Randol Mill Ave. Jerry Farrier Councilmembers: Dear Mr. Benson: Barry K.Emerson W.Ralph Evans It has been over a month since our meeting on November Stephen W.Apple Sr. 11, 1993, held in my office, to discuss the Brookforest Jon AndrewL.Wchael ranks subdivision in the City of Keller and specifically the Andrew L.Wambsganss proposed street, Brookforest Drive, connection to N. City Manager: Randol Mill Ave. that is located wholly in the City of Curtis E.Hawk Southlake. City Secretary: Sandra L.LeGrand During this time I have not heard from you or received any plans as we discussed. I would appreciate your response as the City has not approved a street connection to N. Randol Mill Ave. As you may recall during our discussion, no one on the City of Southlake staff had reviewed or approved any plans for a street to be connected to N. Randol Mill Ave. In fact, we were not aware of the impending construction until on Nov. 8 , 1993 , a Mr. Randy Godsey, a person connected your subdivision, called City of Southlake Public Works Department, requesting that the blinking traffic light at Kingswood Drive and N. Randol Mill Ave. be changed to a four-way blinking red light . His reasoning was for traffic safety. We were both in agreement that the safety to the citizens traveling on N. Randol Mill Ave . , Kingswood Drive, and your new Brookforest Drive is the issue . As I explained to you, in my opinion there were four options open to you: 1 . Southlake could deny access because of the accident potential (lack of sight distance) non-compliance with City Ordinance 217 for intersecting streets; or 2 . Brookforest Drive may be realigned to cross opposite to Kingswood Drive and install a traffic control signal ; or; QW, 667 North Carroll Avenue• Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 ' f Brookforest Subdivision Page 2 . 3 . North Randol Mill Ave. may be widened to three lanes, providing a center turning lane for left turning vehicles; or 4 . The sight distance may be improved by cutting down the hill on N. Randol Mill Ave . My stated preference was for option four. As per my notes from our discussion, you were to hire an engineer to design street improvements to N. Randol Mill Ave. using both options three and four. You would also get quotes from your contractor on the costs of options three and four. My concern is that your contractor has been observed continuing to construct improvements in the subdivision. I still have not heard from you or an engineer on the street connection plans of Brookforest Drive to N. Randol Mill Ave. Please respond so that the safety needs of our citizens can be addressed. A second area of concern is the storm water runoff from the subdivision. As per the plans you left with me, the increased storm water flow, as there is no detention planned, is to be dumped into the west ditch on N. Randol Mill Ave. The proposed increased storm water is not acceptable unless you can show through an engineering study that there will be no impact to the downstream, ditch, culvert and creek. Said drainage plans will need to conform to the City of Southlake' s Drainage Ordinance No. 482 . Sincerely, t Robert R. Whitehead, P. E . Director of Public Works xc : Wayne Olson, City Attorney Curtis Hawk, City Manager Michael Barnes, P.E . , City of Keller wpfiles\wthead\brook.sub tow Ate. Jr WWI ■�,A� .> ■ENBONER �© ■ 4 lilt ii Wt ■c�, f � r � � rr. ■ � City of Southlake,Texas MEMORANDUM January 26, 1994 To: Curtis E. Hawk, City Manager From: Shana Rice, Assistant City Manager Subject: Park Dedication Fees -- Credit Evaluation In conjunction with the Southlake Parks and Recreation Board, staff developed the attached evaluation procedure to standardize, to the greatest extent possible, the methodology used for awarding credit to developers for park, recreation or open space amenities incorporated into developments. The determination of the level of credit awarded has been inconsistent, and the procedure was developed to address this and other difficulties. Please note that the procedure is a method for introducing consistency into the evaluation process, and is not necessarily intended to be a "scientific" analysis of the proposed project. It will,however, provide the Park Board with a method for reviewing plans and communicating its concerns to the City Council as a part of the Board's formal recommendation on the project. The following are attached for your information: Attachment A . . . . . . . . . . . . . . . . . . . . . . Process Flow Chart Attachment B . . . . . . . . . . . . . . . . . . . . Typical Credit Criteria (Defining credit levels) Attachment C . . . . . . . . . . . . . . . . . . . . Park Credit Evaluation Attachment D . . . . . . . . . . . . Recreation Improvements Summary (Detailing Proposal Amenities) We based our evaluation on weighted criteria, which includes conformance to the Master Plan, access/parking, environmental features, and recreational value. We expect to refine the evaluation mechanism as it is used. I will be happy to discuss the new process with you. Please let me know if you have questions. SR t PARKLAND DEDICATION APPLICATION The City of Southlake, in accordance with its subdivision ordinance, requires parkland dedication for all new development. In lieu of land dedication for parks and recreation use, a developer may instead choose to pay a park dedication fee. City Council periodically establishes the current value of one (1) acre of land in the City as a basis for valuation of fees required for dedication. Under current valuation of$25,000/acre the following parkland fees result: Residential: $500 per lot or $500 per living unit Commercial/Industrial: $500 per acre Up to 50% credit on the fees may be granted if the developer provides parks improvements. Prime factors in granting credit will include: conformance with Park Master Plan, recreational opportunities, environmental features, etc. The Parks and Recreation Board considers all request for park fee credits and makes (AW recommendations to the City Council. If the developer will not be dedicating land, and wishes to request credit for the fees, please complete the attached Exhibit "B" and return it, along with a site plan showing the improvements, to the City Manager's Office for processing. Please note that all requests for park fee credit will be evaluated using Attachments C-1 and C-2. The Parks and Recreation Board welcomes the opportunity to discuss the many options available to meet the parkland dedication requirement in order to best serve the City, the new development and its residents. The Parks and Recreation Board meets at 7:30 p.m. on the 2nd Monday of each month in the City Council Chambers at City Hall. If you have any questions or need further assistance, please feel free to contact the City Manager's Office or Shana Rice, Assistant City Manager at (817) 481-5581 ext. 705. B:PARK LAND.K B/Park Miwi—/kh � 0 2 0 ) j_ \CD CD CD \ \ CD CD 0 � � o %% /5 \ 0q / f C)OQ / \� / � ƒ � \ § n R § CD 2 / } § \ ( \ CD k / = k ° / / / gr � / E; Q § ] t 0 ] ICE mE3E $ § # \ © ° § D rjQ 0 A 0 e R o / n \ R o m ® n 0k � k � k 0 p e g c k CD & § E � c G m $ � m @ / \ SE / $ $ ( x & * ¢ ¢ 3 / / \ / CDk § � � a \ � \ / CDCDE E 7 / n ƒ § � Exhibit B RECREATIiON IMPROVEMENTS SUMMARY PROJECT: Location: ase: Total Acres: Total Lots: Total Parkland Dedication Assessed: $ (Residential = $500/lot; Commercial = $500/acre) Total Parkland/Open Space Proposed: Developer: Contact: Address: Phone: Consultant: Contact: Phone: Possible Number Estimated #Recommended in Improvement Provided Unit Cost Zone Comments Picnic Tables Benches BBQ Grills Tot Lot Playground iil: 4' wide (miles) rail: 6' wide (miles) Fitness Course Ballfield Backstop Soccer Field Tennis Courts Multi-purpose court Parking Spaces Irrigated Turf Acres Restrooms Nature Area Swimming Pools TOTALS Attachment C-1 PARK DEDICATION FEES CREDIT EVALUATION Scoring Summary Project: ' (awl Developer: CRITERION 1. Conformance with Park Master Plan (P.M.P.) - (35 points) Total Points CRITERION 2. Recreational Value - (25 points) Total Points CRITERION 3. Environmental Features - (20 points) Total Points CRITERION 4. Access/Parking (Pedestrian/Vehicular) - (15 points) Total Points CRITERION 5. Site Plan Clarity - (5 points) Total Points CRITERION 6. Amenity Construction Timetable (-20 points) Total Points Project Phasing OVERALL TOTAL (Criteria 1-6) (100 total points) TOTAL POINTS *RECOMMENDED CREDIT *Points Required for CREDIT: 50% = 100-90, 40% = 89-75, 30% = 74-60, 20% = 59-45, 10% = 44-30, 0% = 29-0 ti Attachment C-2 PARK DEDICATION FEES CREDIT EVALUATION Project: Date: CRITERION 1. CONFORMANCE WITH PARK MASTER PLAN (P.M.P.) (35 POINTS) 1.1 Do the amenities offered by the developer: _ a. exceed P.M.P. recommendations for the population . . . . . . . . . . . . . . . . _ 35 points _ b. meets recommendations for the population . . . . . . . . . . . . . . . . . . . . . . _25 points _ c. most improvements meet recommendations . . . . . . . . . . . . . . . . . . . . . . _20 points _ d. fulfills more than one significant element of P.M.P. zone . . . . . . . . . . . . . _ 15 points _ e. fulfills at least one significant element of P.M.P. zone . . . . . . . . . . . . . . _ 10 points d. does not conform to recommendations . . . . . . . . . . . . . . . . . . . . . . . . _ 0 points CRITERION 2. RECREATIONAL VALUE (25 POINTS) 2.1 Site has interesting recreation opportunities for: _ a. all ages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _25 points _ b. all but one age level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _20 points _ c. more than one age level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 15 points _ d. only one age level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 10 points e. conflicting age level participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 0 points CRITERION 3. ENVIRONMENTAL FEATURES (20 POINTS) 3.1 Site has: — a. many unique/significant environmental features . . . . . . . . . . . . . . . . . . . =20 points b. some unique environmental features 15 points _ c. more than one unique environmental feature . . . . . . . . . . . . . . . . . . . . . _ 10 points _ d. one unique environmental feature . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 5 points _ e. limited/no unique environmental features . . . . . . . . . . . . . . . . . . . . . . . _ 0 points f. destruction/removal environmental features . . . . . . . . . . . . . . . . . . . . . . _ -2 points CRITERION 4. ACCESS / PARKING (15 POINTS) 4.1 Pedestrian access to the park/recreation/open space area is available: _ a. excellent pedestrian access is provided . . . . . . . . . . . . . . . . . . . . . . . _ 10 points _ b. pedestrian access is adequate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 8 points _ c. some pedestrian access is provided . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 6 points _ d. limited pedestrian access provided . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 4 points _ e. pedestrian access via streets only . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 0 points f. impediments to pedestrian access . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ -2 points 4.2 Vehicular parking is provided, if necessary: _ a. on site (or No Parking required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 5 points _ b. nearly adequate parking on site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 4 points _ c. some parking on site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 3 points _ d. adequate parking near site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 2 points _ e. minimal parking on/near site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 1 point f. no parking provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 0 points Attachment C-2 PARK DEDICATION FEES CREDIT EVALUATION Cont'd - Page Two CRITERION S. SITE CLAN CLARITY (5 PO INTS) 5.1 Site Plan: _ a. details all improvements clearly . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 5 points _ b. generally shows all improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 4 points _ c. improvements shown but retains options . . . . . . . . . . . . . . . . . . . . . . . _ 3 points _ d. conceptual in nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 2 points _ e. vague about improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 1 point f. not provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 0 points CRITERION 6. AMENITY CONSTRUCTION TEWETABLE (-20 POINTS) 6.1 Construction: _ a. improvements completed 6 mos - 1 year . . . . . . . . . . . . . . . . . . . . . . . _ 0 points _ b. improvements completed 1 year - 18 mos . . . . . . . . . . . . . . . . . . . . . . =10 points _ c. improvements completed 18 mos -2 years . . . . . . . . . . . . . . . . . . . . . . =15 points d. improvements completed greater than 2 year . . . . . . . . . . . . . . . . . . . . =20 points TYPICAL CREDIT CRITERIA Attachment D Credit Point Range 50% All improvements exceed P.M.P. recommendations for population, 90 - 100 Sufficient parking on site, Excellent pedestrian access throughout addition to park, Interesting recreation opportunities for all age levels, Site has many unique/significant environmental features, (i.e., rock outcroppings, topography, water features, plants, wildlife), Site Plan details all improvements clearly. Improvements will be completed immediately. 40% Improvements meet P.M.P. requirements for population, 75 - 89 Nearly adequate parking on site, Pedestrian access to park is adequate, Interesting recreational opportunities for all but one age level, Site has some unique environmental features, Site Plan generally shows all improvements. Improvements will be completed 6 mos - 1 year later. 30% Most improvements meet P.M.P. recommendations for population, 60 - 74 Some parking provided on site, Some pedestrian access provided, Interesting recreational opportunities for more than one age level, Site has more than one unique environmental feature, Site Plan shows improvement, but retains options. Improvements will be completed 1 year to 18 mos later. 20% Fulfills more than one significant element of P.M.P. zone, 45 - 59 Adequate parking near site, Limited pedestrian access, Interesting recreational opportunities for only one age level, Site has at least one unique environmental feature, Site Plan is conceptual in nature. Improvements will be completed 18 mos - 2 years later. 10% Fulfills at least one significant element of P.M.P. zone, 30 - 44 Minimal parking on/near site, Pedestrian access via streets only, Site has limited unique environmental features, Site Plan is vague about improvements, Site has no unique environmental features. Improvements completed greater than 2 years later 0% Improvements do not conform to Master Plan recommendations, 0 - 29 No parking provided, Impediments to pedestrian access, Conflicting age level participation, No Site Plan/Concept Plan provided, Site development has destroyed/removed unique environmental features. City of Southlake,Texas M E M O R A N D U M January 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Water Services in Westlake Southlake currently provides service to three homes in Westlake along Dove Rd. Two of the houses have long services with their meters located at Dove Rd. and Shadow Creek Ct. The three houses, newly constructed, service is off the six inch (611) main on Mockingbird Lane. Currently the City of Southlake has an eight inch. (811 ) water main that "dead end" at the City limits. There would be an advantage to our customers by "looping" this system to eliminate the dead end. Therefore, two options are available: 1 . The three "new" houses each construct a service line to either the existing main on Randol Mill or Dove Rd. at Shadow Creek Ct . This would be comparable to the other three customers in Westlake . 2 . The City of Southlake, with participation from Westlake or the property owners, extend the 12 inch main on Dove Rd. from Petonville Rd. west to Randol Mill Rd. and tie-in the 8" water main on Randol Mill Rd. and the 6" water main on Mockingbird Lane . The cost would be $75, 000 to $90, 000 . Please let me know if more information is necessary. Lgj Bob Whitehead Attachment : map wpfiles\memos\westlake \ -a i GL Ck I g � � w - \ i_. i ..r 705 Truelove Trail Southlake, Texas 76092 January 13, 1994 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Hawk: It appears my extensive strategic planning and marketing development experience qualifies me for the position of Economic Development Coordinator. Diverse responsibilities throughout my professional career include researching and forecasting growth trends based on population, and corporate and marketplace activities, developing marketing plans and programs,planning and coordinating projects and meetings, and enlisting pro bono support. In particular, I worked at American Airlines during a period of tremendous growth and participated in studies identifying new markets and programs and the location of new hubs. I have a strong background in both primary and secondary research and have successfully worked with a diverse range of professionals on various projects. Educationally, I earned a master's degree in Urban Planning and have completed internships within the transportation and housing sectors, two important factors for corporations considering relocation or expansion. I've developed strong communication and organizational skills through numerous leadership positions. Also, my position on the Southlake Planning and Zoning Commission demonstrates my long-term commitment and interest to our community. I look forward to the opportunity to discuss with you how my qualifications will help the City of Southlake achieve our goals. I can be reached at(817) 488-2761, and will be able to meet with you on minimal notice. Sincerely, Kate Barlow Enclosure KATHRYN GINSBACH BARLOW 705 Truelove Trail Southlake, Texas 76092 (817)488-2761 �04BJECTIVE: Obtain a strategic development position requiring strong research, Planning, organizational analytical and communication skills. MAJOR WORK EXPERIENCE: Boy Scouts of America, 1991-1993 Associate Director, Marketing: Create collection of marketing tools and resources addressing recruitment, fundraising and image building. Produce monthly marketing newsletter containing ideas, resources and trends. Develop and review marketing programs and proposals including recruitment and promotional ideas. Associate Director, Research and Strategic Planning: Launch quarterly publication of demographic and social trends impacting the youth marketplace. Manage 15 focus groups concentrating on youth and adult priorities and attitudes. Research demographic and marketing-specific issues. Design mail questionnaire to determine the profile and attitudes of Eagle Scouts. Greyhound Lines, Inc., Spring 1991 Transportation Consultant: Develop recommendation for streamlining and simplifying nationwide pricing structure incorporating full, discount and special fares. American Airlines, 1984-1990 Senior Analyst, Cargo Marketing: Analyze, negotiate and/or implement national and regional pricing programs for general and commodity-specific cargo tariffs. Provide guidance to staff and 60 field personnel for sales and revenue optimization. Develop first comprehensive pricing training program. Administer development of new traffic reports. Analyst, Macro Forecasts: Research special topics such as the growing impact of the senior market, role of women in the marketplace, and national and international economic and demographic trends. Produce and evaluate passenger, revenue and cargo forecasts on monthly, annual and long-term basis. Market Analyst, Domestic Passenger Pricing: Maintain competitive fare levels in 750 passenger markets. Evaluate revenue and sales performance of select pricing actions. Prepare monthly reviews. Instruct new market analysts. Management Specialist, Schedule Planning: Estimate airport service area populations. Forecast passenger loads of new destinations. Gather and analyze demographic and economic data. EDUCATION: Master of Urban Planning, Transportation Concentration, University of Illinois, Urbana, Illinois, May 1984 Awarded Department's Masters Project/Thesis Award; Graduate Assistant; Kappa Kappa Gamma National Graduate Fellowship recipient Bachelor of Science, Pre-Planning, Political Science and Business Concentrations, Magna Cum Laude, Moorhead State University, Moorhead, Minnesota, May 1982 Residence Hall Assistant; Student Orientation Leader; Blue Key National Honor Society ADDITIONAL INFORMATION: Computer Applications: Word, Excel, Lotus, PowerPoint, Paradox Participant of The Burke Institute and American Marketing Association Workshops Planning and Zoning Commission, City of Southlake FERENCES: Available upon request City of Southlake,Texas M E M O R A N D U M January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Peer Mediation Program During the last few months, I have met regularly with school personnel, Judge Brad Bradley, school board representatives, the Mayor and other community leaders to discuss the possibility of implementing a peer mediation program in Southlake. As you know, a peer mediation program gives students an opportunity to resolve their own conflicts . Students are given the responsibility of creating workable solutions to their problems in mediation sessions which are structured to preserve or establish respect for individual feelings and needs . The group has been exploring various options for implementing such a program in Southlake. Carroll ISD personnel have attended training offered by Region XI Educational Service Center, and are enthusiastic about the possibility of implementing a peer mediation program at all levels in CISD. We are currently discussing implementation strategies, such as how to create a partnership between the City and school district, financing options for the program, adult coordinator/student mediator recruitment and training, and others . We are also seeking proposals from consultants who work with school districts to develop successful peer mediation programs so that we can determine the cost of undertaking such a project . There are many details we need to discuss before presenting a proposal to you and the City Council, but we wanted to make you aware of our progress to date . It is important to us to know that we have Council' s full support of the program' s concept prior to proceeding. Judge Bradley and I will be happy to address any concerns or questions . SR A Future with A Past CITY MANAGER ar 9 IL GRAPEVINE ,�W CITY MANAGER'S OFFICE January 21, 1994 C'-1771f— Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Interlocal Agreement Relative to Parra Linda Estate Drainage Facility dated September 17, 1991 - Payment of legal fees under the Indemnity Provision Dear Curtis: As we recently discussed and pursuant to City Council authorization of January 18, 1994, City of Grapevine check No. 55783 in the amount of $10,000 is hereby tendered to the City of Southlake as full and complete settlement of fees for legal services submitted by the City of Southlake relative to the above-described project and Interlocal Agreement. This is a matter that I know is good to get behind us and the City of Grapevine looks forward to addressing and satisfactorily completing a number of projects that require cooperation between the two cities. Sincerely, Trent Petty City Manager TP/sgr Enclosure THE CITY OF GRAPEVINE THE CITY OF GRAPEVINE P.O. Box 95104 • Grapevine, Texas 76099 Phone Metro 817/481-0380 CITY SECRETAR 705 Truelove Trail Southlake, Texas 76092 January 31, 1994 Ms. Sandra L. LeGrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Ms. LeGrand: On the basis of recently accepting the position of City of Southlake Economic Development Coordinator, I tender my resignation as a commissioner on the City of Southlake Planning and Zoning Commission effective immediately. I am truly grateful for the opportunity to have served on the Planning and Zoning Commission and worked with dedicated citizens and staff. I am positive a new commissioner will be appointed and will loyally serve our city and citizens. Sincerely, Kate Barlow cc: Curtis E. Hawk, City Manager �r' City of Southlake,Texas REGULARPLANNING AND ZONING COMMISSION MEETING FEBRUARY 3 1994 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME• 7 :30 P.M. AGENDA: 1. Call to Order. 2 . Approval of Minutes of the January 20, 1994 P & Z Meeting. 3 . Administrative Comments . 4 . Consider: ZA93-117, Rezoning request for a 2 . 978 acre tract situated in the R.D. Price Survey, Abstract No. 1207, being Tracts 7, 7A and a portion of Tract 5 . Current zoning: 11SF-1A" Single-Family Residential District and "AG" Agricultural; Requested zoning: "SF-30" Single- Family Residential District. Location: West of Harbor Oaks Subdivision. Owners: David George and Betty Foreman. Applicant : VLMC, Inc. Continuation of Public Hearing. 5 . Consider: ZA93-118, Rezoning request for a 1.179 acre tract situated in the John Childress Survey, Abstract No. 254, Tract 2F2 . Current zoning: "SF-1A" Single-Family Residential District; Requested zoning: "SF-20A" Single-Family Residential District . Location: approximately 200' south of the Denton/Tarrant County line, west of Burney Lane. Owner: David George. Applicant : VLMC, Inc. Continuation of Public Hearing. 6 . Consider: ZA93-119, Preliminary Plat of Hallwood Addition, Lots 1-8, Block 1; Lots 1-16, Block 2 and Lots 1 and 2, Block 3, being 30 . 868 acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2C, 5, 7 and 7A; and the John Childress Survey, Abstract No. 254, Tract 2F2 . Location: West of the Harbor Oaks Subdivision. Applicant : VLMC, Inc. Continuation of Public Hearing. 7 . Consider: ZA93-128, Final Plat of Lots 1-8, Block 1 and Lots 1-4, Block 2 of the Hallwood Addition being 13 .785 acres situated in the R.D. Price Survey, Abstract No. 1207. Location: West of Harbor Oaks subdivision, west of Burney Lane. Owner/Applicant : Tim Fleet, President of VLMC, Inc . City of Southlake,Texas Planning and Zoning Meeting Agenda February 3, 1994 Page 2 8 . Consider: ZA 94-01, Rezoning and Concept Plan request for 15 .49 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1. Location: West of the Bicentennial Park. Current Zoning: "AG" Agricultural; Requested Zoning: "CS" Community Service District. Owner: W. Ralph Evans. Applicant : City of Southlake, Texas. Public Hearing. 9 . Consider: ZA 94-02, Rezoning request for 6 . 0 acres situated in the M. Mahaffey Survey, Abstract No. 916, Tract 4 . Location: South side of Bob Jones Road approximately 1/2 mile east of North White Chapel. Current Zoning: "AG" Agricultural; Requested Zoning: "SF-lA" Single Family-lA Residential. Owners/Applicants : Peter and Julie Landesberg. Public Hearing. 10 . Consider: ZA 94-04, Revised Concept Plan approval for the First Baptist Church of Southlake being legally described as Lot 2, O.W. Knight No. 899 Addition. Location: 940 South Carroll Avenue. Current Zoning: "CS" Community Service District. Owner/Applicants: First Baptist Church. Public Hearing. 11. Consider: ZA 94-05, Plat Showing for Lot 1 and Lot 2, J. Whitman No. 1593 Addition being 4 .201 acres situated in the J. Whitman Survey, Abstract No. 1593, Tracts 8A1B, 8B1, 8B1B, 8B1C, 8K, 8L, and 8M. Location: North side of Raintree Drive in the 2800 to 2900-blk. Current Zoning: "SF-lA" Single Family-lA Residential District. Owners/Applicants : Frederick C. and Dorothy T. Bauer. Public Hearing. 12 . Consider: ZA 94-06, Rezoning request for 9 . 998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. Location: 2815 W. Southlake Blvd. Current Zoning: "AG" Agricultural; Requested Zoning: "SF-lA" Single Family-lA Residential . Owner: Ruby Slayton. Applicant : Charles Slayton. Public Hearing. 13 . Consider: ZA 94-07, Preliminary Plat of Block 1, Lots 1 and 2, Slayton Addition, being 9 . 998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. Location: 2815 W. Southlake Blvd. Current Zoning: "AG" Agricultural; Requested Zoning: "SF-lA" Single Family- lA Residential. Owner: Ruby Slayton. Applicant : Charles Slayton. Public Hearing. e City of Southlake,Texas Planning and Zoning Meeting Agenda February 3, 1994 Page 3 14 . Consider: ZA 94-08, Preliminary Plat of 17. 648 acres situated in the Christopher Dart Survey, Abstract No. 2003 , being Tracts lA & lAl of which 10 . 0 acres will be developed as Pheasant Lakes Addition. Location: West side of North Peytonville Avenue in the 2000-blk across from Brittany Place Addition. Current Zoning: "AG" Agricultural; Requested Zoning: 11SF-1A" Single Family- lA Residential . Owners: Jimmy W. and Barbara J. Hornick. Applicant : Betty Hagan. Public Hearing. 15 . Consider: ZA 94-09, Final Plat of Country Walk being 43 .2217 acres situated in the S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A. Location: On the South side of Continental Blvd. , West of Carroll Elementary School . Current Zoning: "SF-20A" Single Family-20A Residential District. Owner: Continental Joint Venture. Applicant : The Nelson Corporation. 16 . Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, January 28, 1994, at 5 :00 p.m. , pursuant to the Open Meetings Act, Chapter 551 of Texas Government Code. tttttlll rej,�r i u Bsh .y; A ing City Secretary 'J. �����lJlit Il/lttttttt` If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. COMPARISON OF SOUTHLAKE ANNUAL SALARIES WITH WITH SELECTED CITIES, BY CITY, AS OF JANUARY 6, 1994 PiJBLIC FINANCE C4NL [UNITY P©LICE POLICE FAN WORKS DIICTOR OEi'ELOEMENT CHIEF OFC1;R CITY DIRECTOR DIRECTOR l\IINl1KAX Colleyville $50,525 $58,025 $47,798 $53,917 $26,376 $37,332 Keller $51,000 $45,720 $47,484 $52,932 $25,668 $36,396 Grapevine $66,930 $61,944 $56,406 $68,250 $27,216 $33,084 NRH $68,628 $69,228 $55,416 $69,624 $26,616 $35,880 Hurst $70,404 $63,792 $53,184 $69,300 $31,752 $34,728 Euless $62,496 $66,000 n/a $66,996 $25,080 $32,100 Bedford $69,312 $72,024 $54,888 $68,160 $24,360 $34,380 7 City $62,756 $62,390 $52,529 $64,168 $26,724 Average $34,836 Southlake $60,000 $60,000 $50,000 $60,000 $26,376 $30,540* Note: * Does not include certification pay. r T� WEST BEACH ANALYSIS 1/18/94 Section Area Number of Lots Approx. (in acres) Acquisition Individual Group Total Cost" Ownership Ownership A 5.95 4 31 35 $42,000 B 13.75 45 10 55 $66,000 C 22.96 80 48 128 $153,600 D 18.01 6 58 64 $76,800 E 31.90 30 127 157 $188,400 F 23.70 21 109 130 156,000 Totals 116.27 186 383 569F $682,000 * Assumes $1200 per lot acquisition cost. Q CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE, SOUTHLAKE REGULAR CITY COUNCIL MEETING JANUARY 18, 1994 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem Barry Emerson. Members: Jon Michael Franks, Andy Wambsganss, Stephen Apple, and W. Ralph Evans. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; Billy Campbell, Director of Public Safety; Bob Whitehead, Director of Public Works; LouAnn Heath, Director of Finance; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; E. Allen Taylor Jr. , City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. WORK SESSION: The Work Session began at 6: 30 p.m. , where Councilmembers and Staff present were able to review agenda items for tonight's meeting. Agenda Item #1-B, Executive Session Mayor Gary Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551. 074, 551. 076, of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 7:00 p.m. Council returned to open session at 8: 10 p.m. Agenda Item #1-C, Action Necessary/Executive Session As the result of the executive session, motion was made to proceed with acquiring right-of-way easements on South Peytonville Avenue. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Evans, Wambsganss, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote p2 " � Regular City Council Meeting Minutes , January 18, 1994 page two Agenda Item #2, Approval of the Minutes of January 4, 1994 meeting Motion was made to approve the minutes of the Regular City Council Meeting held on January 4, 1994, subject to the comments made in the work session tonight. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Farrier, Evans, Apple,• Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #3, Mayor's Report Mayor Gary Fickes reference a Proclamation which he will present to the Carroll I.S.D. Dragons Football team on January 20, 1994, during a "Dragon Rally", which proclaims January 20, as "Dragon Spirit Day" in Southlake. The rally is being held to honor the Dragons with their third year State Championship football team. Councilmember Stephen Apple stated on January 27, 1994, at Carroll High School, the "Our School Directions for the Future" emphasising the High School, will begin at 7: 00 p.m. This will promote joint utilization usage that the city and school will be working together on. He encouraged everyone to attend. Agenda Item #4, City Manager's Report City Manager, Curtis Hawk, noted the first meeting of the Southlake Parks Development Corporation (SPDC) was held on January 3 , 1994, where an election of officers was held. Stephen Apple was elected President; Larry Goldstein, Vice-President; and, David Yelton, Secretary. Mr. Hawk also commented on the Department Reports which are in the packets. The Director's are present to answer questions, should Council have them. The Sales Tax receipts for December are up 107% from the same period last year. Our growth is continuing and the tax base still there, according to Hawk. Agenda Item #5, Consent Agenda The Consent Agenda consists of the following items: 5-A. ZA 93-85, Plat Revision of The Glory Place, Tracts 5R1 and 5R2 . 5-B. Award of bids for Heavy Equipment, including: Diesel engine powered, 4 to 6 ton tandem asphalt roller; Telescopic boom excavator; Tractor/Loader/Backhoe; Motor grader; and reject the bids for the flat bed dump truck and, three (3) dump trucks. r Regular City Council Meeting Minutes January 18, 1994 page three 5-C. Award of bids for Water System Improvements, including: 12" water line serving high pressure plane; 8" water line on South Peytonville Avenue, and 12" water line on Continental Blvd; and, installation of pumps on North Beach Street pump station, and installation of pumps at Pearson Road pump station. 5-D. Approving Southlake Parks Development Corporation's ByLaws. 5-E. Resolution No. 94-02, authorizing the Director of Finance to sign on checks issued on behalf of the Southlake Parks Development Corporation. 10-A. Amendment to the Letter Agreement for Dalton Property. Motion was made to approve the consent agenda as presented, including: 15-A, #5-B, #5-C, #5-D, #5-E, and, #10-A. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Farrier, Franks, Wambsganss, Fickes Nays: None Approved: 7-0 vote Additional Information on Consent Agenda Items 5-A. Plat Revision for 13 .75 acres being Tract 5, The Glory Place, and being revised to Tracts 5R1 and 5R2, The Glory Place. 5-B. Award of Bid for Public Works Equipment, including: Telescopic Boom Excavator: $133 , 250. AIS Continental Motor Grader: 98, 649. Mega Equipment Static Roller: 25, 600. Conley Lott Nichols Tractor/Loader/Backhoe 39, 836. Mega Equipment Funds for the purchase of these units are provided for in the FY 1993-94 Budget via issuance of a five (5) year Public Property Contract Obligation. Only one bid was received for the one-ton dump truck and flat bed truck, and the bids were rejected. These items will be purchased through the Houston- Galveston Area Council (HGAC) . 5-C. Award of Bid for Water System Improvements, including: Water System Improvements-12" water line for high pressure plane and connection to elevated storage tank. H&W Utility Contractor, Flower Mound, $458, 178 .70 Regular City Council Meeting Minutes January 18, 1994 page four Agenda Item #5, Continued Water System Improvements- 8" water line on South Peytonville and a 12" water line on W. Continental Blvd. Bil-Mik, Inc. , Keller $225, 114.90 Water System Improvements- facility improvements at Pearson Lane Pump Station (part A) Alta Vista Pump Station (part B) and Metering Facilities at Pearson Lane (part C) . Control Specialist, Roanoke $225,752.00 5-D. Approving the ByLaws for Southlake Parks Development Corporation. The ByLaws were approved by the SPDC at the organizational meeting held on January 3, 1994, to become effective upon approval by the City Council. 5-E. Resolution No. 94-02, the SPDC ByLaws include a section that designates the Finance Director of the City to serve as treasurer. The Treasurer is responsible for the handling, custody, and security of all funds of the corporation, who will also endorse and sign on behalf of the Corporation for collection or insurance, checks, notes, and other obligations in or drawn upon a bank. 10-A. The Dalton letter agreement was approved by Council at the November 16, 1993 meeting. This agreement is for sewer service to property located on the southeast corner of F.M. 1709 and South Carroll Avenue. The amendment is necessary to add article "F" in the letter of agreement providing for the purchase of tangible personal property and of taxable services to be exempt from taxation under Chapter 151, Tax Code. The construction under this agreement is for sewer facilities that will be dedicated to public use and accepted by the City upon completion. Agenda Item #6, Public Forum No comments were received during the public forum. Agenda Item #8-A, Ordinance No. 480-105, 1st reading (ZA 93-113) . Ordinance No. 480-105, 1st reading (ZA 93-113) is a rezoning request for a 0.92 acre tract situated in the William Martin Survey, Abstract No. 1068, Tract No. 2B5. Current zoning is "AG" Agricultural, with a requested zoning of "SF-30" Single-Family Residential District. Owner: D.R. Crawford. D.R. Crawford, 314 Indian Creek Drive, Trophy Club, was present to answer questions for Council. J Regular City Council Meeting Minutes January 18, 1994 page five Agenda Item #8-A, Continued Karen Gandy, Zoning Administrator, commented that staff has received a Plat Showing request for this property. The ZBA must approve a variance to the one-acre minimum lot size requirement for the use of a private sewage disposal system prior to issuance of a building permit. Thirteen (13) notices were sent to property owners within 200' and to date, no responses have been received. Motion was made to approve Ordinance No. 480-105, 1st reading, as presented. Motion: Emerson Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Franks, Evans, Apple, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-B, Ordinance No. 480-106, 1st reading (ZA 93-114) Ordinance No. 480-106, 1st reading (ZA 93-114) , is a rezoning request for Tract 2B, being a 3 .351 acre tract situated in the W.R. Eaves Survey, Abstract No. 500. Current zoning is "AG" Agricultural, with a request for "C-2" Local Retail Commercial District. Owner: JoAnn Sutton. Applicant: Bank of North Texas. Karen Gandy, Zoning Administrator noted that eight (8) notices were sent to property owner within 200' and to date, no responses have been received. The applicant proposes the construction of a financial institution on the site. It was noted by Council that 3 .351 acres of land is a large parcel of property for the intended use. Jackie Fluet, Washington and Associates, 500 North Colleyville Blvd. , was present, representing the applicant. Mr. Fluet indicated that the applicant plans on holding some of the property for expansion. Motion was made to approve Ordinance No. 480-106, 1st reading, as presented. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Evans, Wambsganss, Farrier, Emerson, Fickes Nays: None Approved: 7-0 vote A -Jr- Regular City council Meeting Minutes January 18, 1994 page six Agenda Item #8-C, Ordinance No. 480-107, 1st reading (ZA 93-122) . Ordinance No. 480-107, 1st reading (ZA 93-122) , is a rezoning request for Tract 2-B of the Brumlow Industrial District, being a 2. 615 acre tract situated in the John N. Gibson Survey, Abstract No. 591. Current zoning is "I-1" Light Industrial District, with a requested zoning of 11I-2" Heavy Industrial Zoning District. Applicant: VW Investments, Inc. The Zoning Administrator, Karen Gandy, noted the applicant must rezone this property in order to request a Specific Use Permit for Petroleum Operations. Seven (7) notices were sent to property owners within 200' and to date, two responses, opposing the request have been received. Bill and Wanda Stowe, 1710 S. Brumlow Avenue, and Mr. and Mrs. Joe L. Wright, 1640 S. Brumlow Avenue, Southlake. Mrs. Gandy informed Council that the Planning and Zoning Commission denied the request with a 6-0 vote, during their meeting held on January 6, 1994. The Commission's recommendation of denial will necessitate an affirmative vote of a super majority of the City Council to overturn their recommendation. Mr. Henry Frost, an agent of VW, Incorporation, was present to address Council in regard to this zoning request. Mayor Fickes asked Mr. Frost how many trucks may come in and out of the facility. Mr. Frost replied there will be no increase due to the rezoning. Previously there have been up to fifty (50) trucks per day. If the zoning request is granted, he anticipates fewer trucks. The trucks are tanker fuel trucks, seven (7) to nine (9) thousand gallons each. Frost indicated they would be willing to discuss limiting the number of trucks with the City. Frost stated if the zoning request is granted, they will assure the City, there will be no trucks backed up on Brumlow. Mr. Frost outlined the other 11I-2" uses on Brumlow Blvd. , stating they bought the property in a heavy industrial area, and the uses are still operational. Public Comments: Wanda Stowe, 1710 South Brumlow Avenue, Southlake. Mrs. Stowe stated she lives in close proximity to 1675 S. Brumlow Avenue. Trucks arrive between 7 : 00 a.m. and 8: 00 a.m. When the trucks line up it is a very narrow road. Sometimes there are 6 to 7 trucks lined up to go into the property. Stowe stated the hazard mostly occurs in the morning. Mrs. Stowe commented on the September 5, 1993 , explosion from the operation, stating the firemen on duty were afraid to go in because the tanks are so close to each �,4 Regular City Council Meeting Minutes January 18, 1994 page seven Agenda Item #8-C, Continued other. The operation is unsafe according to neighbor16 in the area, on such a small parcel of property. Bill Stowe, passed. Margaret Milton, had to leave. Allen Taylor, City Attorney, referenced the current Land Use Plan dated 1993, and the Land Use Plan, which is a prior plan, dated August 20, 1988. It was established that the plan Frost referred to was one from Carter and Burgess, dated 1969 which referred to this area as an Industrial District. Mr. Frost reviewed for Council the current zoning on property on Brumlow Avenue, including: Concrete plant, "I-111 ; Fetchel, "AG"; Ebby Construction, "I-1 PUD"; Diamond Shamrock, 11I-2" (thirty acres) . Councilmember Jon Michael Franks questioned the street width in that area. Motion was made to deny ZA 93-122, due to the small tract of land for that type operation, and a concern for traffic on Brumlow Avenue. Motion: Emerson Second: Franks Mayor Fickes commented the other 11I-2" uses in that area are along Highway 26, and they can better handle the traffic. Mayor Fickes read the caption of Ordinance No. 480-107. Ayes: Emerson, Franks, Farrier, Evans, Apple, Wambsganss, Fickes Nays: None Approved: 7-0 vote (to deny) Agenda Item #8-D, Resolution No. 94-03 (ZA 93-123) SUP for Fuel Storage Resolution No. 94-03 , (ZA 93-123) Specific Use Permit and Site Plan approval for fuel storage and distribution per Ordinance No. 480, Section 45. 1, "Petroleum Operations" being legally described as Tract 2-B, Brumlow Industrial District. Current zoning is "I-1" Light Industrial District. Applicant: VW Investments, inc. This item was not acted upon, due to the denial of the zoning request for 11I-2" Zoning District, in Agenda Item #8-C. v d7 Regular City Council Meeting Minutes January 18, 1994 page eight Agenda Item #8-E, Ordinance No. 602, 1st reading, Granting the Mayor, Mayor Pro Tem or City Manager, Authorization to accept easements. Ordinance No. 602, lst reading, granting the Mayor, Mayor Pro Tem, or City Manager, the authorization to accept easements, was discussed. Greg Last, Director of Community Development, stated this ordinance would authorize the Mayor, Mayor Pro Tem, or City Manager to accept dedication of certain easements under specific guidelines as set forth in the ordinance: when the easement is for the installation of public improvements required by the City; the property is needed for a public project approved by City Council; or the dedication is appropriate for the proposed improvements. Any other dedication would first go to the City Council for approval. This ordinance is an attempt to speed up the administrative process and keep routine items off the City Council agenda unless required by City Charter or State statutes. Motion was made to approve the 1st reading of Ordinance No. 602. Motion: Apple Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Apple, Wambsganss, Evans, Farrier, Franks, Emerson, Fickes Nays: None Approved: 7-0 vote Agenda Item #11-A, Discussion: 1994 Community Development Block Grant. Greg Last, Director of Community Development, stated the City of Southlake has been declared eligible for the Community Development Block Grant funding in the one target area identified by Tarrant County (based on the 1990 Census) . If Council wishes to proceed, the required public hearing will be held during the next City Council meeting, February 1, 1994 . Mayor Fiches asked if the property owners in the target area will be notified? It was noted that the citizens in the target area have not been notified, however, the public hearing will be noticed in the Fort Worth Star Telegram as required. Curtis Hawk, City Manager, referenced the private water system which is located in the target area, Oak Hills Mobile Home Park, adding, that even though they are on a private water system, we want to increase the size of our water lines for fire protection, up to the mobile home park. The water lines will be installed in the right-of-way at the edge of the pavement. This item will appear on the next agenda for public hearing. C) '4 Regular City Council Meeting Minutes January 18, 1994 page nine Agenda Item #11-A, Continued A copy of the "Target Area" tract location map with the memorandum from the Directror of Community Development, is hereby attached to the minutes. Agenda Item #12, Adjournment The City Council meeting was adjourned at 9: 10 p.m. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsganss, Emerson, Farrier, Franks, Fiches Nays: None Approved: 7-0 vote. Mayor Gary Fiches ATTEST: Sandra L. LeGrand City Secretary cc\mtgm►i►\01-18-94\si City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING 'v NAME ADDRESS TELEPHONE AGENDA ITEM Ile Pic lcfj-1 t t,- S 6O Cam, �•� bow rtb k,2, d24 �vwy`'oa ir ov,4 Agenda Item #11-A City of Southlake,Texas M E M O R A N D U M January 12 , 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: 1994 Community Development Block Grant (CDBG) The Tarrant County Administration staff has made us aware that we now have a target area which is eligible for participation in the CDBG program. (see attached Exhibit of target area) The engineering staff has recommended the installation of water lines in this area. The installation of these water lines will provide an area wide benefit within a residential low income target area. Benefits to the area include a dual feed for water, increased water pressure, and improved fire protection capabilities within the targeted area. Attached you will find an exhibit and cost estimate for the installation of water lines in the 1100-1800 Blocks of Randol Mill Avenue in the northwest portion of the City. It is anticipated that Southlake' s allocation of the funding will be approximately . $110, 000 . The estimated difference ($125, 000-110 , 000) of $15, 000 (. could be funded from the water utilities fund. Also attached is a copy of the notification for a public hearing to be held at the Council meeting on February 1, 1994 . After the hearing will be a second item for Council to consider which will authorize staff to submit the application for approval of the 1994 CDBG funding. Deadline for submittal of the application is February 15, 1994 . Please feel free to contact me or the Public Works staff should you have any questions. GL/gj encl . Target Area Exhibit Water improvements exhibit and cost estimate Notice of Public Hearing le �I6S ��� -...- -- I I 1 - 18S•.- /AIAI lAIA .AI I - a iIA3 tar s7A*Kv .. l07 � 4 4agl M 11 7A 'I -'— ----- - ._ -- .—_ - ° IIB7A1 — m IT IAZAI I -- 000 I ! Pt F D7 o IAj \ems. 'L F1 V1S� IA IAI ; B ; >v A_IO[l p A-sons p 1 1 Ip , l ............................... ::::::::::: ::: 7.c ... .� ?a c c In 0 1 ..... ....... (�Q { 7. ll` 7sI A D L ZA TY LIMIT g �i aTY UMIT I ,e < i OO FJ G;I I I 5 ,T7 ,Q � IU cDn GD C iG4i 5 607? r ` 1 �n 607N A ;I I 1 Ut U 1 Y 6A7A ' 1 1 i\ I 1 ALKIE� _1 C A-I101 lAl Al ` \ — _ 7 731 � 687A 8 6B,A 681 C�f`u n6 Y _ IAIApp AIA I.IA�IApA�1 rAJ� _ � V 686 GB2 78 I�' i`"161,-.. -r B ; _ , 7a'o "s,. B TRACT LOCATION MAP jw ER UMI T -r 1 oo eIs eA7 9Au - -- --- '-_ - 1 _ xj�_ I \ l --,1• _ 0 0 -� svw�r A_sly — .1 SA 9A1 ■ ■ r�r • � 14 N MirF•� 1 + ' :.� say .,r�•q r ■ • ,�d .�,�A:f �1 �V � LKEF• � -•, off Im"All LIEL Oak r lAlAl EXISTING 121 zmzmzm ■ ■�■. ■o■ Imo._ ■.�.•��;° willow Awl • • , City of Southlake,Texas M E M O RAN D- U "M January 27, 1994 TO Curtis Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Resolution No. 94-04, Calling the General Election for May 7, 1994 . Resolution No. 94-04, is a standard resolution, calling the General Election for the City. The General Election will be held on May 7, 1994 this year. The resolution outlines all the pertinent dates and procedures necessary for holding the election. After reading, if you should have questions, please do not hesitate to contact me. / 1 RESOLUTION NO. 94-04 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 7, 1994; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a "Uniform Election Date"; and WHEREAS, the Charter of the City of Southlake ("City") provides that a General Election of the City may be held on such day; and WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Election Day. A general election shall be held in the City of Southlake, Texas, on Saturday, May 7, 1994, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 Section 2. Term of Office. In accordance with the City's Charter, the candidates for the office of Mayor and Councilmember Place 2 receiving the majority of votes for such office shall be elected for 3 year terms, beginning May 7, 1994, until a successor is duly elected and qualified. Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Mayor or Councilmember unless he or she is a qualified elector of the City, has resided in the City for at least twelve (12) months next preceding the f:\filcs\muni\slakc\res\cicction.004 (01-21-94) �LC election at which he or she is to be elected, and meets the other requirements set forth in Sec. 2.04 of the City Charter. Section 4. Application for a Place on the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 21, 1994, and not later than 5:00 p.m., March 23, 1994. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code, and Sec. 7.20 of the City Charter. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with the Code and the City Charter, in the event that no candidate or measure receives a majority of the votes for an office/measure, there shall be a runoff election held on June 4, 1994. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precinct for all municipal elections from and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Polling Place. The polling place for the General Election precinct of the City for all Municipal Elections from and after the effective date of this Resolution shall be Southlake City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Section 8. Appointment of Election Judge and Alternate Election Judge. The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: f:\filcs\muni\slake\res\election.W4 (01-21-94) 2 Presiding Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Southlake, Texas Alternate Judge: Name: Sue Eubanks Address: 2711 Rolling Lane, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 9. Appointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 10. Compensation of the Election Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 11. Method of Voting. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 12. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 13. Publication and Posting of Notice of Election. Notice of the election shall be Published no earlier than April 7, 1994, and no later than April 26, 1994, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 16, 1994, in the regular place for posting notice of meetings of the City f:\files\muni\slake\res\election.004 (01-21-94) 3 Council of the City, and shall remain posted continuously through election day, May 7, 1994. Section 14. Early Voting. The City Secretary is the early voting clerk. Early voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 18, 1994, and continuing through May 3, 1994. Additional voting hours may be determined at a later date. Early Voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 8, 1994, and not later than the close of business on April 29, 1994. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 15. Submissions to the United States Justice Department. The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval if required by changes in voting practices. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 17. Canvassing of Returns. The City Council shall convene on May 9, 1994, at 6:00 p.m., to canvass the returns of the election held on May 7, 1994. Section 18. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 19. Effective Date. This Resolution shall be effective upon its adoption. Qe f:\filcs\muni\sl:akc\res\cicction.004 (01-21-94) 4 PASSED AND APPROVED this the day of 31994. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas f:\files\muni\slake\res\election.004 (01-21-94) 5 Sa -<p City of Southlake,Texas M E M O R A N D U M January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Advertise for Bids - Tractor for Park Maintenance Use Permission is requested to advertise for bids for the purchase of a tractor for park maintenance use. This item was included in the 1993-94 budget to be financed, along with other equipment, through the issuance of a five year Personal Property Contract Obligation. It is estimated that the cost of the tractor will cost approximately $16, 000 . Staff has contacted the State and the Houston Galveston Area Council of Governments to determine if this equipment would be available through a cooperative purchasing arrangement. Neither of the organizations list the tractor. Please place this item on the Council' s next agenda. If you have any questions, please let me know. SR 5zf CITY OF SOUTHLAKE INVITATION TO BID Tractor Parks and Recreation Department Bid Date and Time: 1. The City of Southlake is accepting bids for one (1) diesel tractor minimum 45 HP, 38 PTO, four wheel drive, with turf tires. The bids are to be delivered to the Office of the City Secretary prior to At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. 2. The City reserves the right to reject any and all bids and to waive any informalities. The City reserves the right to award the contract for the tractor depending on bid cost, warranty period, date of delivery, maintenance\ service capability, and the maintenance\facility location. 3. Base Bid: Bidder shall furnish one (1) tractor as specified (see attached specifications) for a total bid of: bid in numbers bid in written words. 4. Time of Delivery: Bidder agrees to furnish the tractor as specified within calendar days after the award of the bid. The delivery time will be a consideration for the award of bid. 5. Warranty: List Manufacturer's Standard Warranty and description of coverage to be included in the base bid: Provide cost for five year (5) Extended Warranty, if available, and description of coverage: Cost: $ T 6. Bidder will guarantee the bid price for 30 days. Yes No 7. MAINTENANCE:Successful bidder may be called upon to perform maintenance and/or repairs as required by the user. Does the Supplier employ qualified service personnel for this unit? YES NO Number of mechanics Does the Supplier stock replacement parts for this unit? YES NO On hand, local dollar inventory for this unit. $ Location of Maintenance facility 8. Bidder Information: Company Name: Business Address: City: State: Zip Authorized Company Signature: Name of Contact Person: Telephone Number: ( ) Ext. s� -3 CITY OF SOUTHLAKE TRACTOR SPECIFICATION INTENT: It is the intent of the City of Southlake to purchase a Tractor, 4-wheel drive with the minimum requirements of the following specifications. All bid submissions by vendors must meet or exceed these minimum requirements. The City of Southlake will make the final decision if any system other than that set forth in these specifications is, in fact, equal. GENERAL: The system requested in this bid shall be designed specifically for maintenance of park turf common to the specified equipment. The equipment shall be new, unused and of a make for which factory-authorized service and repair parts are available within an acceptable amount of time. The unit shall be equipped, at the production line, with the manufacturer's advertised standard equipment, plus additional options listed in these specifications. WARRANTY/PARTS/SERVICE: Bidder shall furnish warranty statements as part of the bid response. The system bid shall carry the standard warranty normally offered to the general public. Bidder shall maintain an adequate stock of all regular and special parts. Bidder shall list the location of the nearest maintenance facility and the number of field service trucks. Address Number of trucks Bidder shall supply a complete list of filters utilized by the proposed equipment, their price and part number with package. The City of Southlake reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interest of the City. Design: The equipment set forth in these specifications shall be equal to the 4-wheel drive, 45 horsepower diesel tractor. Alternate bids will be considered, though this specification is determined to be the minimum requirement. Alternate bids shall be documented with descriptive literature attached so that a determination can be made of specification adherence. 5--- y The following specifications de'Scribe the minimum requirements for a tractor. The equipment shall be new, of current design and production model. Any additions, deletions or variations from the following specification must be noted or the bid may be rejected. Standard items appearing in the manufacturer's published specifications furnished by the bidder shall be included in the bid unless otherwise noted. One copy of the manufacturer's published specifications shall be included with bid. SPECIFIED REQUIREMENT: PROPOSED IN BID: 45 Horsepower, all purpose Diesel Make: Tractor with turf tires. Must be current production model. Model: GENERAL: The tractor shall be regular production for which published specifications are available. Machine modifications to meet the operational and capacity requirements of this specification shall be limited to the manufacturer's published standard and optional equipment . All operating specifications are based on current SAE standards and shall be the basis for determining compliance with the specified requirements. The tractor shall meet all OSHA and EPA requirements in effect on the date of the bid opening. TRACTOR SPECIFICATIONS: Engine Specifications: HP Rating: 45 Yes No PTO HP: 38 Yes No 4 Cylinder Yes No Cooling System: Pressurized Water Yes No Lubrication System: Forced Yes No Air Cleaner: Dry Type Replaceable Yes No 5� -s TRACTOR SPECIFICATIONS (cont'd) : ' Drive Train Specifications: Shifting Type: Shuttle Forward & Yes No Reverse Speeds: 8 Forward, 8 Reverse Yes No Clutch: Dual Stage Yes No Gears: Bi-bevel Yes No 4 Wheel Drive Yes No Hydraulics: Type: Open Center Yes No Pump Rated Output: 10 gpm Yes No Hitch Category: 3 point Yes No MFWD Dimensions: 72 Inch Wheel Base Yes No Front Tire Dim. : 11L-16F3 Yes No Rear Tire Dim. : 16.9-24F3 Yes No Turf Tires (comp. w/front end loader) Yes No Turning Radius: App. Shipping Weight: Electrical System: 12 Volt Yes No 2 Headlamps Yes No Tail Lamps Yes No Hazard Lights Yes No Instrumentation: Hour Meter Yes No Tachometer Yes No Coolant Temp. Guage Yes No Fuel Guage Yes No Air Restriction Lamp Yes No Amp Meter Yes No Oil Pressure Indicator Yes No Headlamp Switch Yes No Keyed Switch Yes No Safety & Operating Features: Adjustable Suspension Seat Yes No Rops and Seat Belt Yes No Tilt Steering Yes No WARRANTY: y The successful bidder and the tractor manufacturer are required to warrant and guarantee the equipment against any defects in design, workmanship, material, and failures to operate satisfactorily. The warranty shall begin on the date on which the equipment is placed in service. SPECIFICATION SHEETS: Bidders must submit complete manufacturer' s specification information which specifically applies to the equipment offered by the bid. Bids which are not accompanied by this information may be ruled incomplete and unacceptable. DELIVERY: The tractor shall be serviced and checked in accordance with the manufacturer's recommendations prior to delivery. The successful bidder shall provide a minimum of four hours of instruction for maintenance and operation at the time of delivery. SPARE PARTS: The bidder/vendor must furnish with each service manual a list of recommended spare parts. The list shall include part numbers and other information necessary for ordering parts. Parts furnished by other manufacturers shall be identified by the ordering data of the actual manufacturer. (woo, 65 Z� - 7 City of Southlake,Texas M E M O R A N D U M January 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-124 Plat Revision of Lots 3R1 & 3R2, Block 1, Southlake Crossing, Phase I REQUESTED ACTION: Plat Revision for Lots 3R1 & 3R2, Block 1, Southlake Crossing, Phase I, being 1.414 acres situated in the W.R. Eaves Survey, Abstract No. 500. LOCATION: Southeast corner at intersection of F.M. 1709 and F.M. 1938 OWNER: Southlake Joint Venture; John Drews, Managing Partner APPLICANT: Wier & Associates, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Two (2) RESPONSES: None P & Z ACTION: January 20, 1994; Approved (6-0) subject to Plat Review Summary dated January 14, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated January 14, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated January 28, 1994. KPG/gj 5G-i moms ��— ■ate ■� © ■iii ■��� � %lam/It ■ —'.--' rr'-=cam:-r- •• • ..i. �... ,,■•■,, t ♦. r r M • • - � - - EST 01$° 'q TR 2 TR 28 3.346 AC 6 I 1 .475 @ y J� v Ob 7 H cc I q 5 r q 50 w � L,e H.Aghiii ti-IL Y "c-r �� I (Dram) TR 2A3 �j Southlake Joint Venture(D / J.Martin ZP .ca. 15.784 AC ^C3- 3 T0 1'SING 1 TR 2A4 TR 2 4A \ 39 fo- 88 AC 1 .01 0 � �1 I b � I TR I N 2A3 TR TR 5A n 2A 2A 3A 1A TR 2A1 4E 3.63 AC TR 2A5 b @ .46 I.4 12.23 AC @ @ TR 2A5 TR 2A5A TR 2A O' .50 ^I AC TR L Iv I.42A7 TR 2A TR 2A6 4 CiU� A 1 ADJACENT OWNERS & ZONING TR 1 5c -3cj 1, tE I,`i'' �'- 100 200 300 VV 'o TOBER9, 1989 X / 1Q ,rr o LOrJ 3o rr ►�h I � // 3Z / // J"3�// 30 q��'✓ /v E C [/S/ 34 E {VOLUME 7G 75 P.4sE � It Bo.00' ~ /� oTt T— U ,usi• 4/E ��'!2 �,;r'' ��E'(�.{f E �o yr� � SaUTNLa.CE �.ro�'s/.� FtiuUO q, � "/ J //774� �blin2lo34 '� . . C,RES 3� ! �I eo.00' 00 E 3a �o �� LOT 2 �� 1 i h 8 '�•z�°v3 �,���*- 5.552 ACRES0 too �= N ���iGdoTO `L �3Y•2'G'34"W �S ,f/S/•21d34rE z oo' O.,T!T 3 BLOCK LOT 1 N�=� a a oh 3.189 ACRES o 2z l MINF. F 644.00 usY°ZG'34 E •' .�,,I I� � a � � ��, ss�pzG34 v✓ ho ,, 20'O.i4i</o6EL .u38.3321:/V O.Oo q y,��a 41774/TrI's-T8.33 ---------- --/09.08_---- -J/3Q•O!v' h�°V Po%ur OF 589 SJ.CYEY I FOuc/O c i e/E �-OTTiS F.CA.UKL/.[./Lo[t_icl5 SAP--` PAT SI-1 y ET IX 6EO.P6/4 E I Yo�c�ME L/SO, P YOc.uvME507L,/W6E 91.3 p,P r,: 7- o,P re 7- AMENDED PLAT - PHASE I LOT AREAS Vlz1414- F �eurr � Lot 1 . . . . 3.189 Acres (138,907 Square Feet) y Lot 2 . . . . 5.552 Acres (241,833 Square Feet) Jcw S Lot 3 . . . . 0.786 Acres ( 34,222 Square Feet) Totals 9.527 Acres (414,962 Square Feet) S ��+ �n ��LOCAT/OUJ �/C• 7 W� P I i ea= p z a ; Y � • u g�YB a b UZ 1 $[:¢ iO4 z .roc, s4lQQ. 7y 5 �4 I •' i pqM 8e�'yd e��gq4y ¢W 3e8 v il- iiI. QN t.p e� 17 Y g a:O �. `j <W oe i ff¢ B $ "r ¢ t g ! cl P4 �.tv'� \�Srq a rb�� Yg2a�rar¢ ��$ .¢ w w¢ aYb � � � � � � � � • � � $���e � � � � �Z W�o a<1 CC � � > All g a 1 yg�6S: �b �'� L Y ¢ 3 ¢ ¢ ¢ ¢ ¢ ¢ Y ! ! i •.t o W Lj ^' 1 W•I oo.r A p 8 8 g• y - 54 i I E Om M biz ' u i i� o OUI B H 6g�aQ�� � p y R i1fl '1 1,1r.C2 rill F 8 F `4 3EY a W. �y lyWf I � I x. fig R p�nF uj LLJ CL '��� I Via•;',. �; � a �[� � a 8 `[` I I N h f•g• 3 I a gL9p 9 £ b 1 I Q iAi� Q' �S)I Lu / MIY W LL LL Io C) i )�•ss•xs•t ,08 «�yos)s•3;pt•,,s 1 Y/ iu I Z :zzo. � 1 S� �.,� Y1 I '+•f4 MO t$q$q�� I Qy e•)s Ks•t C! i iS:. S.' 1��11� ^dS' .. 5�' 1y �S{ s +�. l i�1�.� � •�11 .r • 8 ..�:IC ►a'pszyy3�yy�� S33 S •�♦ 1 [ •.•°�" M3`8 :Fear o I g \k •\ • \,\ a I ' N oN a• 'w\ �\ �/44S I I I I I I I I � I I I I d I I I II I ♦ I I I II I � I I i I 1 I Li (I I z 1 I > i I o N wrlOW '0 I I 3.9L.[f.9Ct.69't�i ` UX 1-wo 1 I I =Z I ' I III 00 . =Ii � I(I �� ,�• � n 1 I It _ 3.•9i.ff.B[s a g I i i �• _ �W� � ul 71`I i5 � ,\\ W .� •� '. l � yea Z J 1 9, 0 e U / J � ul o 56, W o� \ IrQX ,nO� FOj ♦ - \ ONJ o, o, / �Q #� SC-(� 1 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-124 REVIEW NO: TWO DATE OF REVIEW: 01/28/94 PROJECT NAME: Plat Revision - Lots 3R1 & 3R2 , Block 1, Southlake Crossing, Phase I OWNER/APPLICANT: ENGINEER/SURVEYOR: Southlake Joint Venture Wier & Associates 5440 Harvest Hill 4300 Beltway Place Suite 150 Suite 130 Dallas, Texas 75230-1605 Arlington, Texas 76018 PHONE: (214) 490-3977 PHONE: (817) 467-7700 FAX: (214) 392-1109 FAX: (817) 465-7482 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/24/94 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 TOM ELGIN AT (817) 481-5581, EXT. 753 . ------------------------------------------------------------------------ ------------------------------------------------------------------------ 1. Provide missing plat record cabinet and slide for legal description, title block, and graphic. 2 . Please change the year of the owners' agent signature date and notary date to 1994 . 3 . Provide date line under Planning & Zoning Commission and City Council, prior to signature lines in both approval blocks . * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment CC : Southlake Joint Venture Wier & Associates, Inc . 5c - 7 a fib fill Nib a = € •� 6 a ar iAD ! i 9� lop. s fit 88 1 11 ■ a1its J € Eag bpi Y�b Y all s b ` 4 i itri g ila � ila 1� •.a.v. 1 � C �� r •- �� W .31tj- 10 s$rr a 1°.Z la's y�i1dy a • _ _ Rd \ 1 DIV f a 1.. JJ s �s•�'�"� �, l I �' `ri'�0;°�• �3> ;'may ^�hr • J � I I \ • 3'Be �n 5 c, -9 j-tcodc ,rw 2 a 6W ' OFFICE OF CITY ATTORNEYS &COUNSELORS MANAGER Gregory Building,Suite 100 m 342 South Main Street Heat of Historic Grapevine,Texas 76051 Downtown Grapevine Metro: (817)481-6504 Fax:Metro(817)481-1839 January 24, 1994 Hon. Curtis Hawk I //��� City Manager, City of Southlake ! 667 Carroll Avenue Southlake, Texas 76092 Re: 1100 West Southlake Boulevard Dear Mr. Hawk: In accordance with our conference, I would appreciate your placing on the City Council's agenda as a subject of discussion the problem I am confronting in complying with the subdivision ordinance with regard to the requirement that each lot "abut" a public or private street. I am proposing to subdivide a 4.377 acre tract of land I purchased from Mr. Everett Aslin into two tracts, a 2 acre tract fronting on 1709 (Tract "A") and a 2.377 acre tract (Tract "B") behind Tract A. My intention is to seek a zoning change on Tract A to build a medical professional building of somewhere in the neighborhood of 15,000 square feet. Currently, I own a permanent easement appurtenant that is sixty feet wide and runs the entire length of Tracts A and B along the westernmost boundary. The fee simple title to this sixty feet strip is held by Ubaron Properties. I have built a steel reinforced concrete driveway on this sixty feet easement to my home on Tract B. Therefore, Tract B will always have permanent access to SH 1709 over this easement. The City Staff has been very cooperative in searching out alternatives such as platting the lots where each has at least one hundred feet of frontage on SH 1709. The problem is that subdividing the tract in this fashion creates two very strange and unmanageable tracts. Subdivision Ordinance No. 483, Article IX, Section 9.01, contains a provision that allows the Council, as a consequence of extraordinary difficulty, to modify the requirements of the subdivision ordinance. Of course, it is my position that extraordinary difficulty exists because of unique conditions of access, location, shape, size and drainage characteristics of the tracts in question. I would appreciate the opportunity of visiting with the Council on this issue and, for that purpose, enclose herewith a copy of the survey on these two tracts along with a copy of the particular provision of the Subdivision Ordinance dealing with Modifications and Variations from the requirements of the ordinance. Sincerely, nn ww �v - Joe D. Gregory /tpr For the Firm ° TWO TRA475 of LAND IN THE _ ARTICLE IX MISCELLANEOUS PROVISIONS section 9 . 01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordi- nary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance (*MW with all provisions of the City Code which specifically apply to Planned Unit Development. Section 9 . 02 Violations: A. Fines: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed. The above penalty shall not apply to a violation in the City' s extraterritorial jurisdiction. Two Thousand Dollars and No Cents ($2 , 000.00) for all violations affecting involving fire safety or public health and sanitation and Five Hundred Dollars and No Cents ($500. 00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. B. Injunctions: The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the vio- lation of any provision of this ordinance within it' s municip- al boundary or within its extraterritorial jurisdiction, and 9-1 City of South lake,Texas M E M O R A N D U M r January 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-113 Rezoning of 0.9263 acres REQUESTED ACTION: Rezoning request for 0.9263 acres situated in the William Martin Survey, Abstract No. 1068, Tract 2B5. LOCATION: 1740 Randol Mill Avenue OWNERS: D.R. Crawford, Mavis Ann Stroud, Davena Lee Moyer-Edwards, and Myla Kay Arnold-Jones APPLICANT: D.R. Crawford CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-30" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: None P & Z ACTION: January 6, 1994; Approved (6-1) , opposition because request not in compliance with Land Use Plan. COUNCIL ACTION: January 18, 1994; Approved (7-0) , first reading of Ord. No. 480-105. STAFF COMMENTS: The applicant proposes to build a new single family residence on the site. The staff has received a Plat Showing request for this property. The ZBA approved a variance to the one-acre minimum lot size requirement for the use of a private sewage disposal system (P.S.D.S. ) prior to issuance of a building permit. KPG/gj C:\WPF\MEMO\CCZA93-113.2 �A -1 _1 ��� , , ,tom: �� r�.�i �� �■�■ � , ,.• �; Ifiiii ■r;� ��;��. -1' © � �;• ----gin � --J.■� ■� ■III ■■�■.� ..o� ! ■ i ■■��.� � ■mac �!�.! ■■■, • �-- , , cm A • . /EN �, i 2 1 37 � WESTLAKE CITY LIMITS � 22 ; i SOUTHLAKE CITY LIMITS I 1 � 1 / TR 2 AJA / 10.15 AC 16;AC /� TA TR 1 TR 2C5 TR 2C6 TR 2C TR 2C1 TR 2C12 2C11 TR 2C1 1 .82 AC .84 AC .84 AC .56 A 52 AC 57 ' 93 AC AC --- cr. _ TR 20A W.Oltavvay It Steinbach Ta I IR.16 AC "AG "AG TR 2C2 ]ASA 3ASK 3A/M I y�1P ,A III 29 AC 1 s .8 AC s TR 2C8 TR 2C9 TR 2C10 93 AC �_ _s` m 1 �a - - - TR zC TR 2C3 H.Jordan OAKLANE N 7 i 82 7 .68 AC .56 AC „92 AC •57 AC _ _ G TR IAC TR TR 2A5 3A ABVa ArR 71C2.9 @ 4 TR EL Norton 282A1 Q Spencer A TR 263 1 Fn d0JA s• p _ TR 2B2 27 AC "AC-- + TIR 1 OR82AC 28 AC i .79 A a:pM a+i� siis U . 3. 1.1 AC 64 TR 2-2 ].72 AG - TR 282A AC�. — ------ - AK rA A R22p TR.2B1 TR.2BiA TA. TR'284 TR.. TR. 3AlZ TR. TR. 1 ?AII O 1 AC ` _E Hulfsteteler L Will 3A1 t•1 2 B.Henderson '( 1®R.2 A "AG" 'AG' —AG" ( .32 QS wo w to w2 TR.IA9 a TR. a 2s Q�.7310AC I M.McGovem^ 8 2 R "SF-SA" R.London "SF4A" W.Was S s ? R 0 W y TR..1J TR.1H 9 SF-A""terman ---- ��AV YO .81 AC 1 AC 9 F -- 6 2aa 210 3 TR.IA6 / 1 I 202 JAI1B 3.72 AC ' 10 �. 4 we ^ SLEEPY HOLLOW 1 . 3. RIOtie 2w Iv I -- U a s TR.IF TR.1E 65 AC 1 AC 5 LO� (Oil G 18A a in 19A ru 2A163 11 z - TR.lAI 'I TR.IA7 a 1.76 AC I 2 AC 6 2 0 Ise TR.IB s f 1 TR.1G 1 AC 2 I „'•I 1 AC r— i I nos o i 7 12 186 a 19B r" 00 >o .c ,NOOL MILL — — — — I TR. ADJACENT OWNERS & ZONING 12.5: I 1 I i 6 AC 17B 1 I I , qjj17A1 y d o Z o d P II 27 ' AA NAO LN. Ol N:/V - - s a8 s� o'n. �`—zoo. o nN of A.SPNAL� JPv P i .xem N 1 d✓Cr r 74 -4 fit•✓rr/.i/// CITY OF SOUTHLAKE, ORDINANCE NO. 480-105 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 APPROXIMATELY A 0 . 9263 ACRE TRACT OF LAND OUT OF THE WILLIAM MARTIN SURVEY, ABSTRACT NO. 1068, TRACT 2B5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-30" SINGLE-FAMILY 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 e City acting ado t orate 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 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\ORD\480.105 �A 5 Page 1 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, 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 0 . 9263 acre tract of land out of the William Martin Survey, Abstract No. 1068, Tract 2B5, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-30" Single-Family Residential District . C:\ORD\480.105 n _ Page 2 /r l� Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 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 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final C:\ORD\480.105 4 Page 3 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 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\480.105 / Page 4 EXHIBIT "A" Metes and bounds description follows: BEING a portion of the WM. MARTIN SURVEY, Abstract 41068, in the City of Southlake, Tarrant County, Texas, and being that same tract of land conveyed to Donald C. Crawford by deed recorded in Volume 8973, Page 517, Deed Records, Tarrant County, Texas, which is a part of that certain 10. 15 acre tract described in partition deed recorded in Volume 4325, Page 659, Deed Records, Tarrant County, Texas, described by metes and bounds as follows; BEGINNING at a 112 inch iron pin round at or near the c:eater vi RaGdol ►niil Road, the Sout-hwutit c:ortie:r ul sari Ccawfo d tract, by dieed. call 1616.5 feet North 88 degrees-53 minutes East from the Gouthfi as t corner of said survey, said iron being by description 773.5 fact North 88 degrees-53 minutes East from the SouthwOu t covney of said 10,15 acre tract; THENCE North 00 degrees-21 minutes-12 seconds West, 202.24 feet to a 1/2 inch iron 0.5 feet Test and 0.3 feet North of a steel fence corner; THENCE South 89 degrees-13 minutes-55 seconds East, generally with a wire fence, 200.27 feet to a point 0.2 feet North of a steel fence post; THENCE South 00 degrees-16 minutes-23 seconds East, 201.02 feet to a 1/2 inch iron at or near the center of Randol Mill !toad, in the South line of said 10.15 acre tract; r THENCE South 00 degrees-53 minutes-00 seconds West, with said road, 200.00 aet to the POINT OF BEGINNING and containing 0.9263 acre of land. C:\ORD\480.105 / Page 5 ^" City of Southlake,Texas MEMORANDUM TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-114 Rezoning of 3.351 acres REQUESTED ACTION: Rezoning request for 3.351 acre tract situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2B. LOCATION: North side of F.M. 1709, approximately 425 feet east of the intersection of F.M. 1709 and Randol Mill Avenue. OWNER: JoAnn Sutton APPLICANT: Bank of North Texas CURRENT ZONING: 11AG11 Agricultural REQUESTED ZONING: "C-211 Local Retail Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: None COUNCIL ACTION: January 18, 1994; Approved (7-0) 1st reading of Ord. No. 480-106. STAFF COMMENTS: The applicant proposes the construction of a financial institution on the site. � l X NAM 'son Ivy a•;� ���`� �� --■ CUPS RON NrD Ea Ea pp; La mi r • . �. • =.�i,� I- on ■Cry ►����,P* load WIN IN M■E Ira ME" ME SEEM MEN WIN IN a-r ' Q cw 1 ED 1 1 W Cc 1 I I N Q a 1 N O i cc Q cu cc I _ _ _ o � voO > �I ► � cL � �� 's - V I a z " e N co I ^o In O 1 YU N I per, ■ 1 � I � � _ C I iu < mug a U Os 1 s Z I N toCIE 1 1 d a eo` r 400 Q el LU i a ' Q:3 •.t T R Ac--r To A.G. S-rol E- Vof-.. 4-lS3 Pew.67-r,o.R.T.C.T. \\+ '_ IOOr 4-0 0E 21p A,ow4 t-:•JE �ealG . I NEB~ 11 $0 1 AC RR�L µ•C S,{o O 1 w12E FE.x�- F 3.351 AGREES N -reAa-r -to ?o..NN suZTDI� Z r o � Z O,.7- �L K FEj % J 3 FENcb. � � `L(C/ 0 l o(iIw J wz k< r xQ Sketch sho:rirvi a Are Tra/:t Sl'Ilia l:e:t :1: Y (i EAVi;3 311R VE:Y, .A 1,S r:1^ 01'.. TO: SOUTHWEST LAND TITLE, BANK OF NORTH TEXAS & PAUL ROUNDTREE The Plat hereon is a true, correct and accurate representation of the prOpertlr as determined by survey, the lines and dimensions Of Said property hcinu as indicated bu the Plat, the size, location and type of buildings and improvements dre as shown, :all imnrOvrmonts being within the boundaries of the property, except as shown, set back from the property lines thedistances indicated, and that the distance from the nearest in:..•rxoctinq street or road is as shown on said Plat. There are no encroachments, conflicts, protrusions, Or apparent easerrlents, except as shown. SCALE LEt:END DAVID C. MOAK • • • .FOUND STEEL ROD cc o . . .SET STEEL ROD REGISTERED EroRs,PUBLIC SURVEYOR INC. 4. . .FOUND PIPE Q . . .FOUND DOTS D'ARC STAKE PO-BOX 1034 268-2211 .POWER OR TELEPHONE LINE HURST,TEXAS X .FENCE j.� DATE TYPE 2 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-106 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 APPROXIMATELY A 3 .351 ACRE TRACT OF LAND OUT OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, TRACT 2B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11C-2" LOCAL RETAIL COMMERCIAL 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 T OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DAT . EAS, the City of Southlake, Texas i home rule City acting un er s ar e e ectorate 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 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs-.and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate (W 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 C:\ORD\480.106 Page 1 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, 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, fir►' 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 3 .351 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, Tract 2B, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "C-2" Local Retail Commercial District . C:\ORD\480.106 a U Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 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 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final C:\ORD\480.106 1 Q:' Page 3 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 ist reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\480.105 Page 4 EXHIBIT "A" DESCRIPTION _ ALL of that certain tract or parcel of land situated in the W. R. EAVES SURVEY, Abstract No. 500, Tarrant County, Texas and embracing the Tract described in the Deed to Joann Sutton. recorded' in Volume 7103, Page 606, Deed Records, Tarrant County, Texas and described by metes and bounds as follows: BEGINNING at a 3/4 inch steel rod found for the Northeasterly corner of said Joann Sutton Tract and being in the Northwesterly right of way line of Farm to Market Highway No. 1709; THENCE South 51 degrees 17 minutes 40 seconds West with the Southerly boundary line of said Joann Sutton Tract and said Northwesterly right of way line 835.39 feet to a 1/2 inch capped steel rod stamped "Moak Surv. Inc. " for the Southerly corner of said Joann Sutton Tract; THENCE North 08 degrees 35 minutes 12 seconds West with the Westerly boundary line of said Joann Sutton Tract 403 .98 feet to a 1/2• inch capped steel rod stamped "Moak Surv. Inc. " for the Northwesterly corner of same; THENCE' North 80 degrees 12 minutes 25 -seconds East with the Northerly boundary line of said Joann Sutton Tract 722 . 76 feet to the place of beginning and containing 3 .351 Acres of land, more or less . C:\ORD\480.106 Page 5 / i .. City of Southlake,Texas y M E M O R A N D U M January 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Ordinance No. 602, Authorizing the Mayor, Mayor Pro Tem or City Manager to accept the dedication of certain property to the City. The attached ordinance reflects a continuing effort to streamline our development review processes and reduce the Council agenda load where possible. This ordinance allows for the administrative review and acceptance of certain dedications to the City. Typically these are utility easements necessary to provide off-site utility improvements for development projects already approved by the Council . In unusual cases where acceptance of the easements may require inordinate maintenance obligations such as a drainage channel, staff will bring these before Council for their consideration. Easements to be dedicated are reviewed by the public works engineering staff prior to acceptance . City Council approved (7-0) the first reading of this ordinance on January 18, 1994 . Please place this item on the next Council agenda for their consideration. GL/gj encl . Ordinance No. 602 C\WPF\MEMO\STAFF\ORD602.GL W1-2'(-1'1'J4 110=N3HI I H<Ull 5UU I HLHKE I)t b I U 4i�a�b�f N•b� w ORDINANCE NO. Eft AN ORDINANCE AUTHORIZING WE MAVOR,MAYOR PRO TUM,OR CIW MANAGIM TO ACCEPT THE DEDICAU014 TO THE MY OF CKKTATN MPERT Y; P.ROVMING WAT THIS OFMNANCE 9NALL $1� CUlli{U AMVE OF ALL ORDRUNM lROfT RING A SEVERASIT,I't"Y CI AUSA AND PROVIDING AN EP'p'EC'ME DATE. 1it]LrASy tbe- Qty of Sotuhla tests, a a r city acting andu its ctrarter atk)pte d by the e1ccl irate pursuant to Article XI, Section 5 of ite Ttms ODmititution and Chapter 9 of the Focal Government Code; and WHEREAS, the City Coancil has determined that the nmptxt= of cartain daWcatiams of property interests to the city can be must effiiently acwtnplished by the ntalyor, deputy mayor, or eity manager; and WHERF,A4 because of the limiiutium placed on this delegation of respondffi bty, ttre will be no risk to the City of acquiring unwanted and btadcrosome property. NOW,. TtlM+Fi>llM Big IT ORDAINED W THE CITY C7MNCM OF T)�S CITY C.F SOLt M AKK TMS: SWTION 1. Ateeptanre of Dedicatkmas of Prq?eoy interests. (a) When a person nmkeu as offer of motion of real property Interests to the city, the mayor, mayor pro tom, or city manager Is aethoriacd to mmcute and have rworded in the eomty deed records, an imtrunu m aempting the dedication when remmmendcd by the director of public works, if the Property intere4 offered is: (1) for the installation of public imp Nements required by the city for the use of tand; or ' (2) prop" needed by the city fir a public pmject that has been 3 811pronred by the city council. F1filGvleraailxtaire1arai�:uc'4fedae�tars�d(SQL-37-9MEj 7e-z i 110=�bHf'I rKUI'1 bUU 1 HLHKt Urb 1 u h l (b) Prior to acceptance of any dedkatkn4 the Director of Public Works shall review the propa.4od dedica Pion to determine whether it is of sufficient she and in an apprnpriatc location to aeomnmodate the proposed public improvements. SEC'l?[ON 2. Cumulafive Clause. This ordinance stuolt be cumuEativc of all provisions of ordinances of the City of Soutblake,`l`ws, except where the provisions of 04s o rMnam are in direct conflict with #+he prcwkiow of snob ordinances, to which event the conflicting provisions of such ordinances are hereby repealed. SI'GTION 3. Smmbility Mum It is hereby declared to be the initemkm of the City Council that the phrases, clams, sentence%. pRragr~aphs and sections of tlik Ordinance are severable, and if any -plws se, dalusE, sentence, paragraph or section cif this ordinance shall be declared unconstitutional by tho valid j ulgncnt or decree of aW court of comp teat jurisdiction, such tm mstituticmaHty shall not affect any of the remaining phrases, clauses, sentences, Wagr;<aphs mid smium of this ordinance, since the stone would have been enacted by the City Council without the inecar"flon in this ordinance of any such unconstitutional phrase, clause, swenc e, Paragraph or section. SFCnON 4. Effective Date Clause. This ordinance sW be in full,force and cfftct from and alter its pamge, and It is so ordained, c�r ��> a�,w.raalr� cAt,a� � 2 i I Cl1 G I 1 JJY 1V•.1Vf11 1 1 1\VI 1 JVV 11 ILfIILL LI J I V YIJVJKl11 1 .CJ�f 7 PASSED AND APPROVIM ON FHM Rid DING ON THIS � DAY OF 1994. MAYOR ATTEST: CITY ECkm ARY PA$S" AND APPROVED ON SECOND READ[NG ON THIS � DAY OF . I994L MAY-OR AT MST: CITY SECREMARY APPIROVM AS TO MRM MD I"ALrrY: 0V Attorney I3atc: i �'tfilexlrouwi�Aialccyrd9raAcldedueqt.ao1}(O1-27�¢!) i I I I TOTAL P.04 City of Southlake,Texas M E M O. 17 k N D U M January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: 1994 Community Development Block Grant (CDBG) The Tarrant County Administration staff has made us aware that we now have a target area which is eligible for participation in the CDBG program. (see attached Exhibit of target area) The engineering staff has recommended the installation of water lines in this area. The installation of these water lines will provide an area wide benefit within a residential low income target area. Benefits to the area include a dual feed for water, increased water pressure, and improved fire protection capabilities within the. targeted area. Attached you will find an exhibit and cost estimate for the installation of water lines in the 1100-1800 Blocks of Randol Mill Avenue in the northwest portion of the City. It is anticipated that Southlake' s allocation of the funding will be approximately $110, 000 . The estimated difference ($125, 000-110 , 000) of $15, 000 could be funded from the water utilities fund. A public hearing will be held at the Council meeting on February 1, 1994 at 8 :30 p.m. This will allow all interested parties the opportunity to comment on the proposed CDBG improvements. Staff requests authorization to submit the application for approval of the 1994 CDBG funding. Deadline for submittal of the application is February 15, 1994 . Please feel free to contact me or the Public Works staff should you have any questions . GL/gj encl . Target Area Exhibit Water improvements exhibit and cost estimate Application 7d-/ 1p 1 I I � i IkS a) '-- Ina p M u2A1 ..�.A 1A IA L i - -- I 7A1 o _ I i TAR��TI G lea 1u,A Al, 1 L , to , ................. I , t�"A . ..........:..: 1 saL... !. lr x a n ,e i;r •. O 1 ..... . . .. .. . >^. ,� 1 35 � ATE II ,. 1 1 •1 T lAl • M• .• I c CfTY UM1T �I .. ... . .. ... . LLER CJTY LIMIT Im a 1 W7C Ic Ic I 1A, ini5 I WA IA u / uc w 1 , ' - I :'W L a IC W --- , I I1C7 11C7A; 110 -.(Y A-1.0- LJ LAI ' IAI AI Lel1 68 e L87A a 6BIA LBl — __ ffiu HI C � IAIA A,A AIA AIA AI 1 8 60[ Gm1D I?L 7 a ; 2,v4 -- 04 TRACT LOCATION MAP UM1 T Ur D 70 E C I - J'PC] 17 leL _ cl ®tad �� � � :.....,.►`,, - � .�a ., : fir- • �� - ���� : ��•-. � r ■ i CHEATHAM AND ASSOCIATES b - p�� F7 - February 11, 1994 J.AN r 61994 ULS Ms. Patricia Ward CD Officer Tarrant County Administrator's Office 1501 Merrimac Circle, Suite 200 Ft. Worth, TX 76107-6512 Re: Southlake/1994-95 20th Yr. CDBG Job No. 001-419 Dear Ms. Ward: Enclosed are application package materials submitted on behalf of the City of Southlake. Contained are: 1. Project Information Form 2. Description of Environmental Conditions 3. Environmental Assessment Checklist 4. Detailed Cost Estimate 5. City Map with Project Location Noted. 6. Copy of the minutes of the city council meeting and public hearing. (Will be forwarded as soon as available.) We look forward to working with you in the CD planning process. Please do not hesitate to call should you need additional information. Respectfully, David . Mayes \419 Enclosure cc: Greg Last, Southlake File ENGINEERS - PLANNERS . SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West - Suite 207 - Arlington, Texas 76006 817/633-1023 - Metro 640-4329 7a- '{ COMMUNITY DEVELOPMENT BLOCK GRANT 1994 PROJECT INFORMATION FORM 1. City Name: Southlake, Texas 2. City's 3-year goals and plans for Community Development projects: Continue_ to replace inadequate capacity water lines in _high pressure plain to insure adequate water supply and fire protection throughout the system 3. Project location: City of Southlake, Texas Northwest Quadrant of City Construction in Randol Mill Ave. From Kingswood Dr. to Morgan Rd. ; 1100 Blk. to 1800 Blk. 4. Census Tract Number: 1139 .02 5. Type of Project: Water T.i nv ronstrtict-i on 6. Cost/Engineering Estimates: _ $ 12 4,6 9 6 _ n 7. Funding Sources: Grant fundsand local funds for nroiect requirements in excess of grant availability 8. Engineering Firm: Cheatham & Associates 1170 Corporate Drive West #207 Arlington, TX 76006 Contact Person: David E. Mayes 817/265-8836 9. Date of Submittal: 2/1 1/9 4 Notes: DESCRIPTION OF ENVIRONMENTAL CONDITIONS 1. Detailed Project Description: Constructing 12" water distribution line; connecting existing dead end lines to improve water quality and distribution pressure; adding fire hydrants and reconnecting existing fire h drants. 2. Detailed ProjectPurpose: Provide adequate water distribution, improve distribution pressure, provide adequate water for fire fighting purposes. 3. Environmental Conditions: Facilities will be constructed along the edge of existing roadways - No environmental impact will be caused by the construction of this project. 4. City Enhancement of Target Area: (City funds only) (40", City funds will be used to complete the proposed project as estimated and shown on exhibits. Required Attachments: 1. City Map - 2. Project Map - 3. Detailed Cost Estimate - 4. Completed Environmental Checklist - Prepared by: David E. Mayes Title Project Manager Cheatham & Associates 1170 Corporate Dr. West #207 Arlington, TX 76006 Phone __ Metro 265-8836 Environmental Assessment Statutory Checklist Project Name and Identification -No. southl ake 20th Year 1 994-95 Area of Statutory-Regulatory . Compliance (Citations fora applicable statutes �� ' �y �°- PP g / r �e' s��' Provide compliance and regulations are printed on o� 4 .° -� S gu P documentation the back of this Checklist. Full z discussion of each is provided in ,-� � ,�'' c° r c,$ Additional material Appendix B) = God �� / / /:'e tray be attached Historic Properties i X Floodplain Management X Wetlands Protection X. I Noise I Temporary Due ' I I to Construction Manmade Hazards Thermal/aplosive Hazards , X Airport Clear Zones I. X ' Air Quality ' X i i Water Quality - Aquifers X � Coastal Areas i Coastal X Zone Management Coastal }{ Barrier Resources Endangered Species I X Farmlands Protection i ' X Wild and Scenic Rivers I I X *Much evidence that required actions have been uL n. 22 Statutory Checklist ,Permits, Licences, Forms-of Compliances Under Other Laws (Federal, State and Local Laws) Project Name and Identification No. -Southlake 20th Year 1994-95 OTHER AREAS OF STATUTORY A�VD ��, REGULATORY COMPLIANCE o APPLICABLE TO PROJECT `° ��' °e LF' e�� Provide compliance e l,'. �O. Q �y �? documentation Additional Material may be attached Water Quality X I I Solid Waste Disposal X Fish and Wildlife ! II X I ? ! i State or Local Statutes (to be added by local I community) X I 1 I i I � I I ! Jj Note: See HUD-399-CPD, —Environmental Reviews at the Community Level", as revised for further details regarding the use of assessment formats. Prepared By Title City Engineer Cheatham & Associates 1170 Corporate Dr. West, #207 Arlington, TX 76006 Date 2/1 1 /9 4 23 7d—01P Listing of Applicable Please se-_ Appendix B of this Guide Statutes and Regulations for explanation of procedures to be followed. by Area of Compliance r Historic Properties HUD \,)cite 79-33) Indefinite Notice, September 10, National Historic Preservation Act of 1966, Section 1979. 106 (16 U.S.C. 470Q Preservation of Historic and Archaeological Data Act H '_D Regulation 24 (CFR Part 51 Subpart D) of 1974 (16 U.S.C. 469-469c) Water Quality* Executive Order 11593, Protection and Enhancement of Federal Water Pollution Control Act, as-Amended (33 the Cultural Environment U.S.C. ::51-1376) Floodplain Safe Dr.=<ine Water Act of 1974 (42 U.S.C. Flood Disaster Protection Act of 1973 (42 U.S.C. 300f-300`40) as Amended 4001 et. seq.) and Implementary Regulations U.S. Environmental Protection Agency (EPA) Im- Title 24, Chapter X. Subchapter B. National Flood plement;._g Regulations 40 CFR Parts 100-149 Insurance Program (44 CFR 59-79) Solid Waste Disposal* Executive Order 11988 and HUD Procedure for Solid W 2ste Disposal Act as Amended by the Resource Floodplain Management (24 CFR Part 55) (When ConservaJon and Recovery Act of 1976 (42 U.S.C. Issued) 6901-6951 Wetlands U.S. Em ronmental Protection Agency (EPA) Im- Executive Order 11990, Protection of Wetlands and plementiz. g Regulations 40 CFR Parts 240-265 Applicable State Legislation or Regulations. Also 24 Coastal Areas CFR Part 55 (When Issued) Coastal Zone Management Act of 1972 as Amended (16 U.S.C. 1451-1464) Noise Coastal Barrie: Resources Act of 1982 (16 U.S.C. 3501 HUD Regulations (24 CFR Part 51, Subpart B) et. seq.) Air Quality* Endangered Species Clean Air Act of 1970 as Amended (42 U.S.C. 7401776 Endange--d Species Act of 1973 as Amended (16 42) EPA Regulation 40 CFR Part 50, and Partially 40 U.S.C. -531-1543) QeCFR Part 51, 52, 61. Farmlands Protectioa Man-made Hazards Farmlan.:s Protection Policy Act of 1981 (U.S.C. 4201 HUD Regulation (24 CFR Part 51, Subpart C) et. seq.) implementing Regulations 7 CFR Part 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968 as Amended (16 U.S.C. :='1 c,. seq.) *Environmental laws that have permit, license or other forms of Compliance usually implemented through a State agency are also listed here. �,, 24 Environmental w Assessment Checklist Page I (tow, B-94-UC-48-0001 Project Name.and-Identification No. Southlake 20th Year CDRG 1 994-95 1 2 3 4 5 6 7 v Source or Documentation Dote date of contact or v o� ��� �• r a ��•� �� �,; p` �i S page reference! Additional material may be Impact Categories attached. Land Development Conformance With Comprehensive Plans and Zoning X Compatibility and Urban Impact X Slope X Erosion X Soil Suitability X Hazards and Nuisances.Including Site Safety X Energy Consumption X Noise Effects of Ambient Noise on Project and Contribution to Com- X munity Noise levels 27 7d-1a Environmental Assessment Checklist (continued.page 21 E'-94-UC-48-0001 Project Name and Identification No. Southlake 20th Year CDBG 1 994-95 1 2 3 4 5 6 7 ,off Source or Documentation a oe h (Note date of contact or page reierencel Impact Categories Additional material may be attached. .fir Quality Effects of Ambient Air Quality on Project and Contribution to Com- x munity Pollution Levels TT Environmental Design and Historic Values Visual Quality— Coherence,Diversity. Compatible Use,and X Scale Historic,Cultural. and Archaeological Resources X Socioeconomic Demographic/ Character Changes X Displacement X Employment and Income Patterns X Community Facilities and Services Educational Facilities X Commercial Facilities X Health Care X Social Services X s Environmental Assessment Checklist (continued.page 31 B-94-UC-48-0001 Project Name and Identification No. —Southlake 20th Year CDBG 1994-95". 1 2 3 4 5 6 7 Jam. j f J o ,L J Qr 2'J, • : �t Source or Documentation V (Note date of contact or page reference) Impact Categories , ,�z ,`V O`�� L� Additional material may be Im p d c Q Q Q < attached. Community Facilities and Services(Continuedl Solid Waste X Waste Water X Storm Water X Water Supply X Public Safety Police X Fire X Emergency Medical X Open Open Space Space and Recreation x Recreation X Cultural Facilities X Transportation X Environmental Assessment Checklist (continued.page 41 B-94-UC-48-0001 Project Name and Identification No. Southlake 20th Year CDBG 1994-95 1 2 3 ' 4 5 6 7 6 o� ooc m` i o r o 5 OJ O _ `, ,, `� �, . o Source or Documentation QQ b afi to b�4e �� (Note date of contact or p` .• �. C �a page reference) Impact Categories 0, Qo�L O`4�� o`o to 44� ��� Additional material Inky be attached. Natural Features Water Resources X Surface Water X Floodplains X Wetlands X Coastal Zone X Unique Natural Features and Agricultural Lands x I Vegetation and Wildlife X i L30 Environmental Assessment Checklist (continued page 51 Summary of Findings and Conclusions: The project can only enhance the quality of living in Southlake, i .e. : 1 . Better water Quality 2. Better fire . protection 3. Better conveyance of water to Public 4. Reduces wasteful and excessive repairs to aging water lines Summary of Environmental Conditions: Not Applicable Project Modifications - -and Alternatives Considered: Not Applicable 31 Environmental Assessment Checklist (continued,page 61 Additional o Studies Performed(Attach Study or Summary) Not Applicable Mitigation Measures -Needed: _ -Not Applicable ��32 Environmental Assessment Checklist (continued,page 71 1.Is project in compliance with applicable laws and regulations? ®Yes ❑ No 2.Is an EIS required? ❑Yes ©No 3.A Finding of No Significant Impact(FONSI)can be made.Project will not significantly affect the quality of the human environment. El Yes ❑No Prepared by Title Cheatham & Associates Prniar-t Managar David E. Mayes Date 2/1 1/9 4 33 DETAILED COST ESTIMATE CITY: City of Southlake DATE: Feb. 11 . 19 9 4 PROJECT: 20th Year CDBG Water System Improvements B-94-UC-48-0001 ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT 1 12" And Pire Hydrants_ FUNDING MATCH SUB-TOTAL $ 1 13 , 360 CITY Sou th1 akP ( 1 S, 00o ) DESIGN/ENGINEERING 1 1 '136 OTHER TOTAL PROJECT COST 124, 696 PREPAREDBY: David E. Mayes , Project Manager CITY: Southlake, TX / By Cheatham & Associates 7el- - 17 1 MMMWI%1P.: ■ • - • � ������BI�M►iti��yl;t�>Ifi►:iIY:Y�I!•!�;tP,�►� / / ► i �,� bra;::.�i'ri��rrt�tri;mau�r�c�a� � . LINE c J � ®l-! Ibi =© -Mlow r MR MI i . 1 1 , i CITY OF SOUTHLAKE COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the City Council of the City of Southlake, Texas will hold a Public Hearing on February 1 , 1994 at 8:30 p.m. in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Purpose of the meeting is to provide an open forum to receive citizen views, questions and concerns regarding the 20th program year project funding. All interested parties are invited to attend. Improvements planned for this grant application include water line installations and improvements in the 1 100-1800 blocks of Randol Mill Avenue in the northwest portion of the City. For further information contact the Department of Community Development i at the City of Southlake at 481 -5581 , Ext. 744 City of Southlake,Texas MEMORANDUM January 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-115 Rezoning for 26.711 acres Attached is a letter from Tim Fleet, President of VLMC, Inc. requesting that ZA 93-115 be tabled until the February 15, 1994 City Council meeting. 0014— KPG TEL Jun 19 01 4 :33 No .005 P .04 RECEIVED '[�' �r JA N 2 4 199y T � �Y DEPT.OF PUBLIC WORKS SI?14R9-lbt7 2424 ROGERS 1'.ORT WORTH. TEXAS 76109 January 24 , 1994 Hr. Greg last City Planner City of Southlake 667 North Carrell Avenue Southlake, Texas 76092 M Zoning case for SNT proposed zoning Dear Greg: Please table the above referenced case until the February 15, 1994 City Council mdating so that I may have additional time to work with the adjacent property owners. cordially, Tim H. F3aa President "0 '.� City of Southlake,Texas M E M O R A N D U M January 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-127 Rezoning of 20.0 Acres REQUESTED ACTION: Rezoning request for 20.0 acres situated in the Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, 1A1, & 1A2. LOCATION: West side of North Peytonville Avenue in the 2000-block; across from Brittany Place. OWNERS/APPLICANTS: Jimmy W. Hornick, Barbara J. Hornick, Domenic Carlucci, and Wendi Maura Carlucci CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicants are requesting to rezone the property to develop the western portion (adjacent to Hillwood Estates) as Pheasant Lakes. NO. NOTICES SENT: Twenty-two (22) RESPONSES: Two opposed (within 200' notification area) : * Mike Bell, 1613 Mockingbird Lane, "The development will destroy the view (from his back yard) . " * Carrie A. Wheeler, 1140 Brittany Court, offered concerns regarding the potential development of the eastern half of the Hornick property adjacent to North Peytonville and its impact on Brittany Place and the possible extension of Pheasant Lane to North Peytonville Avenue. One undecided (within 200' notification area) : * Michael Costello, 1862 N. Peytonville Ave, offered concerns regarding the additional water discharge into the creek and potential drainage problems; also concerned about the additional traffic on Peytonville Avenue. Four (4) opposed (outside the 200' notification area) : The following property owners signed a petition offering the same concerns noted above in the Carrie A. Wheeler response. * Anne Healy Lemmel, 1040 Brittany Court * Jerry Brewer, 960 Brittany Court * Marcia L. O'Connor, 1065 Brittany Court * Robert D. Brugger, 1060 Brittany Court P & Z ACTION: January 20, 1994; Approved (6-0) ZA93-127 to rezone to 11SF-1A" Single Family-lA Residential. 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Cutw, O " CL O Q N O ^ .0 Rs s Q o = Vm m = £ m LU - - - = - , 7 a rn W � 6 ♦ / Y CL m / m Q U im J a N to - Ir. ` U 71S NVSIW8Vld n m< g LLin m m u d a In J N w. ►m in Q €:. :f C a SY coU1 N YW,,J2 � ¢in N ' � w U 0 � O n z ^ x � W ;e E� F" a Oa zr w 'ri x $ c w A - u •lsev 'mans mme •t �; _� .i8 Lt4 • • tmos 'Oa 3'nLANa113d �• Icoot •lsev 'mans lava •a I ^ n W _ O b! to tb N ao 0 r ao �[FCU � Y C 9 t O Ow h O y n 90 O •r N O Ot O `ot rc0 N ~Nr o roc .Jz �. 11) O N a o 00 b)00 v c d F °c p u o U o°Et O C O W ao` a . • o of .96ZfS WON ,v o.5 « Io ' o - .,° o � o 00 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480- ' 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 APPROXIMATELY A ACRE TRACT # v' T F LAND OUT OF THE IM i.•.sj,�:.v: :•;{ >:•4,t ':.M1'.:,,. .Sxab:: .,. w,};••:'•::,:::aM1. : .��:••>x''•'.a ;{:F,:v:::}{..,:i'. '?`.• :.:i) Sp 'x`:ti:•i:$? iii,>< ��;,<:,.-.,• . :�....�,1�e;.:...••' '' , Mb � `�FULL�' A`ND C�1�IPLE'�ELY` nES D NXI i$ '1' TO ....���i� 'r'::'' ;7i«'::•'f. yu. Z :: ;n:: ,,.:::v.... Tom."... .E Y22fw1"IE CL At? 4 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home le 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 WHEREAS, the hereinafter described property is currently zoned r': ::::. ,..:..... .........::::: as .:.:.° under the Cit s Comprehensive Zoning Ordinance; :and....::.::.:::::::::.;:.;:.:::.::.;:.; Y P g 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 C:\ORD\480.108 «' Page 1 g$ 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, 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Beingy a proximately a 3 # acre tract of land out of the •.•::Y:. fy,�`?;:: ..r::• .;�� .::•,+:.;:•:LY:t;:a�:.>.;R;4y-f:.>: 'r�'4 y,.y: rf .::y.':xf:::i:%;-•:;,Q;,o;;tir •::f::>:::.•::-;-•: 'f ia, ;:.axb.•::::rbWi:•::::::5.`•.`•.:.f::•':?:iG+o •:•:•�,•.• •::::..y:::,. .::ra4•% f:: ..{;::•r.'t:2:<:r;:..•:r.;.:y;••: , and more fully`"a'rid" compYetely cescried : :F.,f:::.•:::•:i.: ^:•::x<'•i:.iii:.:...r/ in �xli`�it""•75;, " attached hereto and incorporated herein. ''."i:C:•: {'.f{.f:n:<L "Fi:R.::: From `..,.:.. r<.:... : ;:..:::..:,: `. '<u.0., •«t C:\ORD\480.108 Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. ,,. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 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 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final C:\ORD\480.108 /J Page 3 (/R� 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 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE• C:\ORD\480.108 y Page 4 EXHIBIT "A" Being a tract of land situated in the Heirs of Christopher Dart Survey, Abstract No. 2003, Tarrant County, Texas and being that certain tract conveyed to Jimmy W. Hornick, and wife Barbara J. Hornick by deed recorded in Volume 3112, Page 899, Deed Records, Tarrant County, Texas , and being further described as follows : Beginning at a point, by deed 1074.76 feet north of the Southeast corner of said Heirs of Christopher Dart Survey, said point. being in the East line of said Survey; THENCE South 89 degrees 39 minutes West, a distance of 1620 .0 feet to a concrete monument for the Southwest corner of this tract; THENCE North, a distance of 542. 95 feet to a concrete monument for the Northwest corner of this tract; THENCE East, a distance of 854.25 feet to a point for corner; THENCE South 89 degrees 37 minutes East, a distance of : r,5.74 feet to a point on the East line of said Dart Survey fo.- Lhe Northeast corner of this tract; THENCE along the East line of said Survey, South, a distance of 527 . 84 feet to the POINT OF BEGINNING and containing 20 .0 acres of land. C:\ORD\480.108J q Page 5 v " • City of Southlake,Texas M E M O R A N D U N January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Weed Lien Ordinance Attached is the proposed Weed Lien Ordinance for Council consideration. Rather than amend the ordinance, we have rewritten Ordinance No. 536 to include the substantive differences between the existing ordinance ana the proposed ordinance. The majority of these differences are to bring our current ordinance in line with permissible State guidelines . The differences are as follows : Section 5 , No. 3 - clarifies the written notice stating that the City may send only one notice for a similar violation, allowing the City to act upon that violation any time during the 12 month period of the original notice. Thus, further allowing the City to take action as permitted in Section 6 when the City has not been informed of an ownership change. Section 6 - outlines the duties and details of the City to place privilege liens on lot or lots of which City expenses have incurred and adding interest on those expenses . Section 7 - the addition of the sentence stating that one notice per year is sufficient for the City, and describing the complaint filed in Municipal Court . All other sections are as originally stated in the current ordinance . I am available for any questions or comments that you might have. /�C' BC/mr Attachment wp\Memo\WedLien3.Ord Se-/ ORDINANCE NO. I:! AN ORDINANCE PROVIDING FOR REQUIREMENTS FOR THE MOWING OF GRASS, WEEDS AND VEGETATION AND THE REMOVAL OF RUBBISH, BRUSH OR ANY OTHER OBJECTIONAL, UNSIGHTLY OR UNSANITARY MATTER FROM LOTS; PROVIDING NOTICE AND ABATEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERXBILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHER the City of Southlake, Texas is a home rule ci y acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted ordinances and regulations prohibiting the growth of grass, weeds and other vegetation in an uncultivated manner and the accumulation of rubbish, brush or any other objectionable, unsightly and unsanitary matter within the City of Southlake; and WHEREAS, the City of Southlake now deems it necessary to amend the regulations applicable to said conditions and to provide different methods for the giving of notice to person who are found to be in violation of the above ordinances and procedures for the abatement of said violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1. DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, . organization, partnership, trust, company, or corporation, as well as an individual . f:Ifilool—oi,slake,ordia,"c'v .d2"md_rl For purposes of this ordinance, the word "RUBBISH" shall mean (6w, both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, old iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes. SECTION 2 . It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, or allow or permit any rubbish, brush or any other objectionable, unsightly or unsanitary matter to accumulate or be present upon such property. Provided, however, for tracts of land ft\filee\wni\alake\ordieanc\weed2amd_rl �� -3 in excess of five (5) acres upon which livestock graze it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right- of-way adjacent to the rear lot line of a lot zoned and used as single family residential. SECTION 3. It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish, brush or any other objectionable, unsightly or unsanitary matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, as often as may be necessary to comply with the provisions of this Ordinance. SECTION 4 . All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable, unsightly, and unsanitary, and is hereby declared a public nuisance. f:\filee\muui\slake\ordinanc\veed2and.r1 SECTION 5 . In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city fails or refuses to comply with the provisions of this ordinance, it shall be the duty of the city to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice shall be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's post office address; or (3) If personal service cannpte<t� ta3.ned.a, h ......... aner cystf f S, >Z �;l rrowri (a) By publication at least twice within ten (10) consecutive days; (b) By posting notice on or near the front door of each building on the property to which the violation relates; or (c) By posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. If such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance, and may charge the expenses incurred in having same done to the owner of such property as provided hereafter, in compliance with Section 342 . 001 et sea. Texas Health and Safety Code. The remedy provided in this Section is in addition to the remedy ft�filoo,.nl,alakelordleeecl"oed2a-d.rl provided for in Section >7 .of this ordinance. In the notice of....a; violation provided in Paraigraph. A above,;; he city may inform ahe owner by Cert. :fiead X ' 1: ORetgrn Receipt >Requested, that ..the owner commits another viola z.0 of the <same kind or `;natuice that pones a; danger to .. he...pitl c health :and `safety on or 'bsfcjrhg anniversary.... c : YE IxO G '> zr _ :... .:.:;:.;:.; �:.:...:..... pity w�thou no ce, :;may <:abate they c�].at�r�n r at the:<c�wner >s expense and`:;assess; .. . ........ .. ..... _ the; 'expense::.:.:again P g .. properly ... ....If. a .violation cover�� <�l�y >. notice titnder this Paaraph occurs` Wathzn the;: one;; ear y P d the city <has not been informed irrltng by the owner::;::::>of{< n : . e., Ana y . w.:. :hp .chanownersi m ou notic, ta3ee >ey action permitted by ths:: ''5.ect :on and assess the expenses as provided, in section below. SECTION 6. (W The charges provided for in this ordinance shall be levied, assessed and collected by the City of Southlake. A statement of the costs incurred by the city to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty ( 30) days of the date of the mailing thereof. In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done, whereupon the Mayor shall file a statement with the County Clerk of the expenses incurred in the abatement of ;the:::;above described coedit v :and ;the ft\filea\muni\elakc\nrdinanc\v od2amd.rl (W fe— :} ................ :.r.y... ..?•:. �.• ; }1v .... '• ':•. V. � 1 •• :: WZ::-:-.:ti:.:.:w...:.�..vtiK�[-':: -R:L•n i:.;:�.%;i�}i:L:��,G{?i:4TT}:'+rs:::'T:?V":is-Ti}:?{?i?:;:}�}ii"{i;:?v: �I. . ::.:.G�;>.:.:e'�i.��.,�i,�1�,.5�'„�£��e'{.'}.;''.:3'��:• •.`s'ti.:.:�:2d�e�:.}:.,.�o,.:.:.:�.'�iF..'+Tc�x@•�}:.:.n:::�� >i>{ .... .:TT}<., .:T{{•{r., (maw, }.:. -... .......w•::::n..�:::.�}:.:v::::::..::.�::::::::::::.:.........:.::...::::t3:::. .�'.. .�•k.E.�.�..�+,i'::�.::�.�23.�:;•'tJI�:::.t".II:..<c'::�..L•#�1.. •.,nv. :. : , .•..Y'•'O' ,v}}•-.,.ti;,TK•j:M:4:ti%}}}:4}}T}}:i�}Ti:i^}}i:•Y ii}}}:iiXkt::}�:t.....n.....,,...... :.::.... :{•:: .Y..{..,{ •.<}}if:}}Y.::i:}}}}:'}}}}Y'.}:'}TT}}:i'}}}ii}::i}::j4}"ry:'}}'{":::.':ii::iY:i}'i}}i}::'.}i}}:.: ane�>� <��n-��.;: �'�' x��',�:•."�....,'+�'��i �at-.r��re�uen�s'.��<:>:>::::�:• ..., �..: ..vn: . : :: : .;:.�: ..: �:::'.n'<{ .:: .,,. .. ��:':.:-•.:{s^}.::22?.:•,,•n+.ct•-• "• !c,"K„� coyoc�.cx .x+•:: ',•:.}:i?::?•:::t;?•:;�}:i::�;+::•}:<{•}:;;':;::.;:�:;.:,, nxt•:•:'....,-,t":.}:?t?t•:•Y::•}:�>:•}tT}}}}".}}:.r.}�{:::::::.::::r..:..:,...... �»:: na�ne:.:r��-i. ��f» �e� .:�.f. : � ':{'><:>: ....�,:.. }:t....,.#tk Y + .: ' :�.:• ' •'::'': -:{-:.i}+,v*•}+ 3\tv:{O :,' :. - ..v: i7L4. `iSrAFM�-0•:� � }%jF ..:::.vnv...::..:}.-. }F'AC{Jrh$}}.8t>.:. nvv{1:h}n'ulgh:riC•:{ ...:.v:.v:::::::::..:.�:n.:::.: .. ....�. v,•1.+•1:.:•.��:, .,. � .•:�� ':•.•.4Mi�:i:•...:...1•.:�:::...........................1..ox t•}Y:::.T:??.:o w::.h2Lt•%}T}:1-.}}...•}Fn:...:.:.n�,M1M%.1,.,,.r::}:.•at:?,:FrY:T:�.:T:xS.o:::::::.�:?{.}:-T}r>}}:•:?•: {•T%. ,{�.T �py�`�v:��}e�ry pKp+p�ygpp�q{�a� _ }7•w��{� ' ....:� :. .:".vw n'»'bX•G• '�"�+•+.'wn " •�iL'��:�• '�R%l2='•,L".V�':..{�i'.•-'�EL�YT-•�'.%i. `r� l:Q -Yf�:iNF.R�•dif.'� .�Y�� v {nnYF y ::::., .x..a,,,•:{:,.1nri:•:i?•:;::.T:?.:�:::..�>::a::•:.v:::::.:.:1•::::.,•.,.o:G•,.o-}TTT:Kt?c:{:.o-n•;:{?{•:{?,•x.•.6}}•:::{•}: :tT::T�av}:-}��►:'1.r�..hF.•:ax.}:;•:ati?n:•>%:?•}x{•:{ii_-. tr- -,vr.•:r;.nY+oF lMCiccc ,N,•::. ...w}�r�r ',t:c ?.Y.{t a. •w i For any such cs�:,:}tpa•.. ..•-- . •Ana': � ' ::::.:\v:•}}}h..T}:-}}:..}3J:OT%Jih.J6hi .nSW'J:i1ti t.%•:a•OCt•:M1T:•.•::i-??•S:a`•'a:::.}:;::.:v.�:''�.'.•..•'E.••.--•:`�5:.'�:-:-}:-}:o}:�:-:.}}-'•�a•-'.�'..::=}::: .:.eG}::::<. .v.::?:u}::. :1:c.#}}As expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the City of.-Southlake and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement. SECTION 7. Notwithstanding the provisions of Section 5 of this ordinance, the city shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, of a violation of this ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the ordinance has occurred and that if the violation is not abated within ten (10) days of the date of the notice, a complaint W be filed in the City Municipal Court or injunctive or other relief may be sought. .............. ....:.{�:}.'. :•:: .. ••yy�.�.i'•}. •.�•r..�}}::r•�..,�':4{ii:;::..ye::::::::.::: :..... .}}}i:.:...:... ...�.:.......}h•: :}}iir•::}• :Y:.}:..':iww::•A•x::x:}}"}:Y}-.}:it?+..}}}:.}}}:{•}}Y4}'::::••.:vx:••.v...: :...;:i'.' ..i.::.:};'. :.::::..S::i::...•....>..:::':: }i......k .••: n.: 5 c :ordir�a'. .. ... :.. ��e.�::s�aJ 1. f:\filea\�ni\slake\ordinanc\veed2amd.rl fe- 7 be suff: c�erit for the city to e k °3re3< .; u su t:€ o' '<`> <: :..:.;.. .:..; <: ::::. ;. .. .p an thzs..seczcn SECTION 8. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 536 is hereby repealed in its entirety. SECTION 9. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10 . 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 ft\filea\tuni\alake\ordinanc\veed2amd.rl offense. SECTION 11. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 536, as amended, or any other ordinances affecting public health and sanitation, including dumping or refuse, 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 12 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 13. .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. fe\files\nuni\alake\ordinaac\weedyaud.rl PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1993. MAYOR S ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• fi\filss\uuni\slaka\ardinanc\-ned2amd_rl ORDINANCE NO. 536 AN ORDINANCE OF THE CITY OF SOUTHLAKE, 'TEXAS, MAKING IT IINLAWFIIL FOR ANY PERSON TO PERMIT WEEDS, GRASS, OR ANY PLANT THAT IS NOT REGULARLY CULTIVATED TO GROW TO A HEIGHT GREATER THAN TWELVE (12) INCHES OR TO PERMIT THE ACCUMULATION OF RIIBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTER UPON ANY REAL PROPERTY WITHIN THE CITY; DECLARING A PUBLIC NUISANCE; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING FOR REMOVAL AND ABATEMENT BY THE CITY OF WEEDS, GRASS, BRUSH, PLANTS, RIIBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTER AND THE PLACEMENT OF A PRIVILEGED LIEN ON THE PROPERTY INVOLVED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND SPECIFICALLY REPEALING ORDINANCE NO. 361; 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 Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas has determined that the existence of grass, weeds, brush or plants growing in rank profusion and rubbish or other objectionable or unsightly matter on property within the City of Southlake has an adverse effect on the public health, safety, and welfare of the citizens of Southlake and constitutes a public nuisance; and WHEREAS, the City Council deems it necessary to adopt this ordinance regulating and abating such public nuisance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: ORD#536/ORD/kb �- SECTION 1 DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. For purposes of this ordinance, the word "RUBBISH" shall mean both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles generated from within a household, residence, or business, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrub and grass clippings, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, and other similar waste. SECTION 2 It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the ORD#536/ORD/kb -2- street, or allow or permit any rubbish or objectionable or i unsightly matter to accumulate or be present upon such property. Provided, however, for tracts of land in excess of five (5) acres upon which livestock graze, it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right-of-way adjacent to the rear lot line of a lot zoned and used as single family residential. SECTION 3 It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City., to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish and other objectionable or unsightly matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street as may be necessary to comply with this Ordinance. SECTION 4 All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable and unsightly, and is hereby declared a public nuisance. ORD#536/ORD/kb -3- fe-13 1 SECTION 5 In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City fails or refuses to comply with the provisions of this Ordinance, it shall be the duty of the City to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice must be given: (1) personally to the owner in writing; or (2) by letter addressed to the owner at the owner's post office address shown on the last approved tax rolls of the City; or (3) if personal service may not be had as aforesaid, then by publication at least twice within ten (10) consecutive days, or by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. If such person fails or refuses to comply with the provisions of this Ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this Ordinance, and may charge the expenses incurred in doing or in having same done, to the owner of such property as provided hereafter in compliance with Section 342 . 001, et. seq. , Texas Health & Safety Code. The remedy provided in this section is in addition to the remedy provided for in Section 11 of this ordinance. (*4W ORD#536/ORD/kb -4- Fe,-�� SECTION 6 - The charges provided for in this ordinance shall be levied,- assessed, and collected by the City of Southlake, Texas. A statement of the cost incurred by the City to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done whereupon the Mayor shall file with the County Clerk of the county where the premises are located a statement by the Mayor setting out the expenses that the City has incurred pursuant to the provisions of this Ordinance, and the City shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense incurred; together with ten percent (10%) interest per annum from the date the work was performed or payment therefor was made by the City. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of Southlake, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. The remedy provided by this section is in addition to the remedy provided by Section 11 of this ordinance. ORD#536/ORD/kb -5- SECTION 7 Notwithstanding the provisions of Section 5 of this ordinance, the City shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying, or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, of a violation of this Ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the Ordinance has occurred, and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint will be filed in the City Municipal Court or injunctive or other legal relief will be sought. For any property, one notice of violation during any one growing season shall be sufficient for the City to seek relief pursuant to this section. For purposes of this ordinance, the growing period shall be defined as April 1 through October 31 of any given year. SECTION 8 The abatement regulations as herein established have been made for the purpose of promoting the health, safety, morals, and the general welfare of the community. SECTION 9 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting ORD#536/ORD/kb -6- fe-16 provisions of such ordinances are hereby repealed. Ordinance No. 361 is hereby repealed in its entirety. SECTION 10 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11 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 12 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 361 or any other ordinances affecting the regulation of weeds, grass, brush, plants, rubbish or other objectionable or unsightly matter which have accrued at the time of the effective date of this ORD#536/ORD/kb -7- ee-�7 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 13 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 14 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 3RD DAY OF DECEMBER, 1991. 001"nttu{,,,, —z�— —2 —0 �YHL4 '' ATTEST: 14 CITY SECRETARY ORD#536/ORD/kb _8_ re-Ir 1 - PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992 . o ,,�ttwryy�' I Lq,f.F, MA =oS � _� x= IL , ) v' �' ! • ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ` �'f.(,L 1. �c1 c 7� ADOPTED: \.1d'7.LUl1 t 7` EFFECTIVE: 1C1 ,L ORD#536/ORD/kb -9- (re-�� -�+ City of South lake,Texas M E M O R A N D U M January 27, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Resolution No. 94-05, Appointments to the Park and Recreation Board. Resolution No. 94-05, allows for appointments to the Park and Recreation Board. Currently the terms of Mike Jurecka and Francis Dorer have expired. In addition, Mike Thompson resigned his position leaving a one year term. I began advertising for the positions the first of January and have attached the applications I have received to date. Francis Dorer has indicated by his attached letter that he would like to be considered for another three (3) term. If you have questions, please give me a call. h444-1 — lig 1 reAparWappointmenAsl a -/ City of Southlake,Texas JP RESOLUTION NO. 94-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARK AND RECREATION BOARD. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year terms; and, WHEREAS, currently there are two (2) terms that have expired, and one (1) unexpired term that is in need of filling; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2 . The following are hereby appointed to the Park and Recreation Board for three (3) year terms, to replace Mike Jurecka and Francis Dorer, to expire in May, 1997 . 1. 2 . Section 3 . The following has been appointed to fill the unexpired term of Mike Thompson, which will expire in May, 1995. 1. Section 4 . The appointments are to be effective on the day of approval by the City Council of the City of Southlake. PASSED AND APPROVED THIS THE DAY OF FEBRUARY, 1994. CITY OF SOUTHLAKE, TEXAS BY: Gary Fickes Mayor ATTEST: Sandra L. LeGrand City secretary City of Southlake,Texas RECEm o r APPLICATION FOR A.PPOINTNIENT'TO JAN 2 U 189_) ' SOUTHLAKE BOARDS AND CON MISSIO Y SECRETARY�j APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) ' r'd Parks & Recreation Board use a FVparate application for each appointment desired i NAME: ADDRESS: �1 /L) . i HOME PHONE: �''�d'�' YEARS IN CITY: L9 EMPLOYERS-1 , �/Jfll�%� ��✓GG� ( PHONE ��GJ�" 41 Current and/or previous board, commission, or committee experience in the City of Southlak - qn I r Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: -�1.�. i� i Qualifications an/d, experience that would assist you in serving in this position: i I Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one ( 1) year. i signature: G/,7r;r If additional space is needed, attach to this application i CG- •y J A N CIT Y SECRETA,RV FRANCIS M. DORER 1130 Taylor Street Southlake, TX 76092-8256 (817) 488-7905 January 18, 1994 Ms. Sandra L. LeGrand, Secretary City of Southlake 667 North Carroll Avevue Southlake, TX 76092 Dear Ms. LeGrande: My term of office as a member of Southlake's Park Board expires in January, 1994. If the Council wishes to reappoint me, I will be pleased to accept another term as a member of the Park Board. ry tru ly rs,,Francis M. Dorer City of Southlake,Texas J M E M O R A N D U M (/ January 26, 1994 / I� V� TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works 1 11 SUBJECT: Developer Agreement for Southlake Market Place Phase (Albertsons) Attached is the Developer Agreement for the Southlake Market Place Phase I . Usual requirements relating to performance and payment bonds, maintenance bonds, and park fees are included in the Agreement . There are a few conditions to this Development, which resulted in revisions to the standard agreement . • Page 3, Section C, START ON CONSTRUCTION: The City will require the Developer to construct drainage facilities. Water, sewer, and streets will be on private property and not apply to this section. • Page 5, Section IV, deleted Section A, OFF SITE AND/OR SEWER PRO-RATA: There is no off site and/or sewer pro-rata. • Page 5, Section A, OFF-SITE DRAINAGE: The Developer will pay pro-rata for the box culvert in Union Church Road. • Page 6, part B, PARK FEES : The Developer agrees to pay the Park Fee of $5, 291 . 00 . • Page 6, deleted Section E, PERIMETER STREET FEE: This development will abut along Davis Blvd. and F.M. 1709, which are state highways . There is no sewer pro-rata because John Drews, developer of Southlake Market Place, is paying for 1/3 cost of the S-2 Sewer Line that is currently under construction. Please place this item on the Council' s February 1st agenda for their consideration. If you have any questions, please contact me. ,n r, Bob Whitehead Attachment : Developer Agreement wpfiles\memos\south.mkt DRAFT COPY FOR REVIEW PURPOSES ONLY SOUTHLAKE MARKET PLACE PHASE I COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter ......... . referred to as the Developer, of S� iae Market' ael �k.as .� :; , . Csu.f _ . k. .:::::C �ss: : r . : ?>:'. R .:;::;3 .: a commercial :?:, ::::::::::..............:::.:::::::.:.x.:::::::::::.::::::::::::.:::::::::::.: development (hereinafter referred fo as "Development" ) , for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Development and to the off-site improvements necessary to support the Development . I . GENERAL REQUIREMENTS : A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement . B . The Developer will present to the City either a cash escrow, Letter of Credit, or performance bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 1000 of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance bond, letter of credit or cash escrow from the prime contractor (s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer' s obligations specified above . C. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. D. The Developer agrees to mow all grass and weeds and otherwise reasonably maintain the aesthetics of all land \c)p `_ . r and lots in which have not been sold or leased to third parties . After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs . Such amount shall become a lien upon all real property of the Development so maintained by the City, and not previously conveyed or leased to other third parties, 120 days after Developer has notice of costs . E. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc . ) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument . Approval by the City shall not be unreasonably withheld or delayed. F . Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer' s Agreement within the City of Southlake regardless of such company' s authorization to do business in Texas . Approval by the City shall not be unreasonably withheld or delayed. G. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake . H. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process . II . FACILITIES : A. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer' s engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council . The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Compliance with the City' s Storm Drainage Policy Ordinance does not relieve the Developer 2 r of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11 . 086 , Texas Water Code . B . EROSION CONTROL: During construction of the Development and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc . , to prevent soil erosion. It will be the Developer' s responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Development . When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy- two (72) hours to clear the soil from the affected areas . If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Development at the contractor' s expense . All fees owed to the City will be collected prior to acceptance of the Development . C. START OF CONSTRUCTION: Before the construction of the st=ccts e drainage facilities can begin, the following must take place : 1 . Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2 . At least six (6) sets of construction plans stamped "Release for Construction" by the City Engineer. 3 . All fees required by the City to be paid to the City. 4 . The Developer, or Contractor shall furnish to the City a policy of general liability insurance . 5 . A pre-construction meeting between City and contractor or Developer must be conducted. 6 . Developers Agreement executed. III . GENERAL PROVISIONS : A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all 3 \OA-` - claims, suits ur causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities . B . venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas . C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications . Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City' s approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project , indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect , deficiency or negligence of the engineer' s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. 4 1 C)P, D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E . On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature . In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance naming the City as co-insured. F. Work performed under the agreement shall be completed within two (2) years from the date thereof . In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time . IV. OTHER IS-,SUES : 7q SEWER A. /GR A. OFF-SITE DRAINAGE : : ::::::�: .............. ay:�:�::::>:::trot,:�:r....::... ..........................::::::::::::: fl P.:::::.::::::::::.;:.;;:.;;;:.;:.;:::::::::::::::.:::::::::::::::.:::::: :::.:::;:.;:.::.;;:.;::.:::.:.:::..::::::::.::.::::::;.;: 5 C. GFF SITE WATER., B . PARK FEES : The developer agrees to pay the Park Fee of $500 per acre, in accordance with the Subdivision ordinance No. ...................... 483 , Section 7 . 0 . There are approximately acres in the Development which would bring the total cost of Park Fee to E . PERiMETER STREET FEE— The Develeper agi-ees te pay the Pei4ffiet=-ei, Gtree� Fee e-f- $SG , 999,'ffii1e, in aeeei-danee wj4�h Grdinanee Pie. 494 . Tea apprexifRately _ feet ef fi�-entaqe en whieh weidid i-eejidii-e a Pei-iffieter Stz-reet= Fee e-f- SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title : Date : CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST : Sandra LeGrand, City Secretary Date : 6 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit (L of C) must have a duration of at least one year. 2 . The L of C may be substituted for utility security deposits exceeding $10, 000 . 00 . The City reserves the right to specify the face amount of the letter of credit . 3 . The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake . The City reserves the right to approve/disapprove the bank issuing the Letter of Credit . 4 . The L of C must be issued by a bank that has a minimum capital ratio of six (60) percent, and has been profitable for each of the last two consecutive years . 5 . The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met . Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements . 6 . Partial drawings against L of C must be permitted. 7 . The City must be able to draft on sight with proof of amount owed. 8 . The customer pays any and all fees associated with obtaining L of C. 9 . Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:\wpfi1es\devagree\cmercia1 -Cb 7 City of Southlake, Texas M E M O R A N D U M January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Stanhope Addition Developer Agreement Attached is the Developer Agreement for the Stanhope Addition. Usual requirements relating to performance and payment bonds, maintenance bond, inspection fees, and park fees are included in the Agreement . A few conditions are unique to this Addition which resulted in revisions to the standard agreement . Three amendments will be written in the future developer agreements . These items are discussed below. • Page 5 , part 2 (amendment) , states that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. This additional language will be stated in all future developer agreements . • Page 5, section D, ON-SITE SEPTIC FACILITIES : There is no sewer in Stanhope, therefore, the requirements for septic systems will be enforced. • Page 8 , section G (amendment) , is the tax exempt clause that should clarify what construction is exempt from taxation under Chapter 151, Tax Code . This additional language will be stated in all future developer agreements . • Page 9, section A, OFF-SITE DRAINAGE : Developer agrees to pay a portion of the culvert that is adjacent to the Addition in North Kimball and Shady Lane . The "ultimate" culvert under East Highland St . will be constructed by the Developer. • Page 9, section D, PARK FEES : Park Fees in the amount of $7, 000 will be paid in conformance with Ordinance No. 483 . • Page 10, section E, PERIMETER STREET ORDINANCE: Stanhope Addition will abut East Highland Street and will require a perimeter street fee of $5, 203 . 60 . • Page 10 , section F (amendment) , TREE PRESERVATION ORDINANCE : The Developer agrees that all construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585, Section 9 . 1 . This additional language will be written in all future developer agreements . Curtis E. Hawk, City Manager Stanhope Addition Developer' s Agreement January 25 , 1994 Page 2 Please place this item on the council ' s February 1st agenda for their consideration. If you have any questions, please contact me . Bob Whitehead Attachment : Stanhope Developers Agreement wpfiles\memos\Stanhope UAFT COPY FOR REVIEW PURPOSES O#vl.y STANHOPE ADDITION DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the OWN d.ifi z� to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition", for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the :-1]4 lots contained within the Stanhope Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of �C),Z>-3 credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letter of credit or cash escrow required in paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to 2 1*00- 0'd''`- construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for Saturday and/or Sunday inspections;and e. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; C. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the 3 City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld cr delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic 4 N%N.- �C� ��� Control Devices and as directed by the Director of Public Works. `Ji $i (:: i is>::i:1:%::::` iiiiij'i: isisvv ::::i::::3::$}:'::::}::i::iYi:?:ii::�>:::: . ....... .;:;<:: 2cfi{#. .... 1..Ems, .. .............. ::::; :::: z :Icb.::::�OV.... .�:::::::::::::::::::'.'.•:: i:iLLv'?: :::::::::::::::.:::::::::: ti far.: er� t.;:;a l.; fia . a ... 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ........................................................................... T :.>: : ` ! :: dI: xa# '::>hav > :::... :... .. ....... .:.. . ....; .,... .. .:...... ::isi::::i�:'::::t?;:;::;i:;:::::;:'•:::<::::::::;:>::i::>:%;::irr':::%'.:i::i::i:::::::::::::i::isi:;;::2:'�::%'�:i:::i::::::::i::::r::::'::i::i::::::::::ii:::%:::::ii::::::i::i:: ::::i::i::>::::i:::::..; a o :::>test:::: z a p€te .....:�yen d: ::::::::::::.: .::::::::::::::::::::::::: .:::::::::::::::::::::::::::. :::.:.:tY?:::isLi:::....................................................................................................................................................................................... 4i..................................................................................................................................................................................... .................. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, 5 the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours:_the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses shall be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets, water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All required fees to be paid to the City. 6 104W- �b vs-� 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or 7 VOW- negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree (law to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. ��:i>::>::»':>::>::�:..:..::>::>::>:>..:�Y>::::>::»X<:»::>:<:»::»::>::>::>::>::>::»::>:::<':»>:::::>::>::>::>::>::>:>:;:;<::.':'.i:;>:iiiiiiiiiiiii�'.:•;:;;;-��:;:;:;;;�;;;:;>;;;;...;...::.;;:".;��.;��.:;:_;.....;:�>;;;;;....;>;:��>:;:;;;;;>::::::;:.;;��.»>;: :.............>' ...........:...... rh tF ........... :.. T� ::::::::: ::::::..::::. ::::::::.::.1 .::::.::::. ::::. .::...:.:::..:.:::::::::::::::::::::::::::::::.::::::::. .:::.::::: arm. iiii?i:.i'.iiiiii:.i:::::vvCi::f•::::vi:L:ii•:i:ii:}'i::::}::iJ:iiiiiii... .::: �: ..�:.�nF. :: w:::::v:::::._:a::.::::::.�::::::::i}::Pi'4:4:•ii�piii €iris ; -06 s :>:: . xl :::> sl<:::: aa€s ...RP.:::._::.::::::::::::::._:::::.:.:::::::::::::: i :::r::i:::: .................. is::::::::::`'::::>'..::':: :.::.>::.>:.:.:;.::.::.:;.>:.>:.>:.>:.::................................. ..................................................................................................................................................................................... 8 :.. ii....iii:6iiii':8iiiiiii:iiiiy}yi}:��.yy iii iii ii:vi:iiiiii ii•iiiiiiiiii'•ii:::ls iiiii n....;:.:i'iii:':yi:;i:;i::;ii"iii:i:iii::.. .i:.i: .: .yv,: :;::i. ::C:•:. ::•i'l. : .: .:.. :::>:: iiiii. ...........................�................x:::::::.:::::: :::: :::::::.P::::...::::.:::..:;::.; :.;:.;:.;:.;:.;:: .::::::.;'.:.....ice..i:.i:.......:. i:.i:.i:.iiiii:.iii:.i:.i:.;:. .;;:.;:.:.;:.;;;;;::.;; . ........................................................ .. .......... .. x .:::::::::::::::::::::::. .::::::......:::::.::::........iiiii.:...... IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: Me 1 . # t . ... :.:.:.::.:;.i:.i:.i:.iiiii;.i:.i:.i::'::i:::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::.:�::::::::::::.�:::::::::::::::::::::::::::::::.:::::::.:::::::::::::::: :: fi .. ......... a�.. b ;: z . : .:::.....xtt.b : ors.. ............. ii:•i':::ni::.ii;'}i}i;•i":4iiii;•i;•ii::'t'.i?iii:'?ii;'iiii::'4iiiiii^i:•:i4i:4:G;•iii;•iii 4i............iiiii:Li::::Oi:•iii:4::"v:•}}i' ::iii:i::• :::. . :.::::: : a ......ate:....................... ............::.:::::::::::::. : :'iiiii :._.;. .....:....: a# 4 �€> xa <:ac ::::................ :: ::::: . : :.::.; i. .:fi" :::>:: :»> t ....::>> ::.:::::::a : ..: :a.iiiii: .:: .::: :: .._ .......... ............. :: :::::::::::::.::::::::::::::::::::::::.:::.::::.::::::::::::::::::::::::. ......................................................... ......................... ................ .......... ......:.:...{.:.:......:....nY::\iiiii...;..:. ;. :......i: i i :i::. :...:..:...............v........ .ii:.:::�::.:iiiiiiiii....iii;.:.:.::..iii.i;.i:�:;..:..:;::�:.:ii,iiiii:�;:� ;:�iiii; iiiiiii;:.iiiiiiiii;;:..i:�;ii::iiiii:.:iii:;.iii:� :.; :. .iii:.iii:::;.:.::.:.::.::.::::::::::::::::::::::.:::::::::::::::. iii.;:.;:.::.;:....... ......i:....:;.i......................................................................... :.i:.;i.;:.;::.i:.i:.ii:.i:.ii:. :.::...:. <1 "; . ..:.. ' :: .:mod.:.:.....zy :: . :: .:A . x .:�.::. € .... . ::: .:::::::: .:.:::::::::::.:: ::.:::::. i......i : :>:::::.: ::>::> :::::::::::::::::.: WT ::::.:::.::.:::: :::::::::::::::::::::::::::. ...:::::::.:.....:::::.. :><. ..:..:..:.. .:..:iiiii .....: .:::::.:..:....i::.:.:.i:: :....:;:: ...... .:......i:: . i::.. .i:.:.. . ::>:: ::: :... :<:> <:: d a » :>:: ::> :: :>:: ::iii:: dCt J::::::::::.::::::::..:::::.:::::::.::::::: :::::::::::::::.::::::::.::::::::::::::::::. :.i:.i:.. .iiiii:: ::::�i..:.:..,.. •..<: :: ..�::>::>.. ... . .:>::>:.: >::>::>!t. .::.. ...:.��:: '�:[i: :::>::::<:::::<.:::>>:»»>::» C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consist of lots for a total required park fee of 9 E. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately feet of the development abuts on ... which will require a Perimeter Street Fee of $ s F. ............::::::::::::::::::::::::::::::::::::.::::::....:::::::.......................::::::::: ;:::::::::::.;::.;;:.;:::.:::::::::::::::::::::::.:::::::: :::.::.::.: Oe ............... SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fiches, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 10 ` Q p REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Le tter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:l wpfilesWevagreeWanhope 11 City of Southlake, Texas M E M O R A N D U M January 27, 1994 TO: Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Southridge Lakes Phase VII Developer AgreemF Attached is the Developer Agreement for the Southridg7ceand Addition Phase VII . Usual requirements relating to perform payment bonds, maintenance bond, inspection fees, and park fees are included in the Agreement . A few conditions are unique to this Addition which resulted in revisions to the standard agreement . Three amendments will be written in the future developer agreements . These items are addressed below: • Page 5, part 2 (amendment) , states that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. This additional language will be stated in all future developer agreements, • Page 8 , section G (amendment) , is the tax exempt clause that should clarify what constructionion is exempt from taxation under Chapter 151, Tax Code. This additional language will be stated in all future developer agreements~ • Page 9, section A, OFF-SITE DRAINAGE : The Developer agrees to replace the box culvert in North Peytonville Ave . , as per the engineering plans . • Page 9, section C, PARK FEES : The Developer has installed unique amenities that were installed in Phase I and Phase II . All phases, since the ordinance has been in effect, have received park credit without going to the Park Board. Having spoken with Park Board members, staff has determined that it was the intent of the Park Board to give 50 o credit to the entire subdivision. • Page 10, section D, PERIMETER STREET ORDINANCE : January 28, 1992 the Developer contributed $100 , 000 toward the reconstruction of Peytonville . The Developer agrees to reconstruct the intersection of North Peytonville Ave . at Raven Bend Ct . and Southridge Parkway as per approved engineering design. • Page 10, section E, TREE PRESERVATION ORDINANCE : The Developer agrees that all construction activities shall meet the /oc -� Curtis E . Hawk Southridge Lakes Addtion Phase VII Developer Agreement January 27, 1994 Page 2 requirements of the Tree Preservation Ordinance No . 585, Section 9 . 1 . This additional language will be written in all future developers agreements . Please place this on the February 1st Council agenda for their consideration. If you have any questions, please contact me. 9-014VA�'IeL Bob Whitehead Attachment : Developer Agreement lOc-." DRAFT COPY FOR REVIEW PURPOSES ONLY SOUTHRIDGE LAKES ADDITION, PHASE VII DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and .............................................. the undersigned Developer, hereinafter referred to as the "Developer," of the a� r 1: Wai :.::.::.::.::.::.::.;:.:.......................... z '< to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the ( cand to pp .......... :::::::.::::::::::::::::::::::::::::::::::::::::::..::::: li4 . the off-site improvements necessary to support the Addition. 1. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of BOG'- credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards -2- his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for Saturday and/or Sunday inspections;and e. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; C. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, -3- through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, -4- 1DC'=4�; size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. ..::.::.:...::...:.: :...:..:.................. :: .... .:......:; :::::.::.::.::::::::::::::::: :::::::::::::::::.::::::.:::.:::::::::::::::::.;:.;.�:.:.... TOM C .............................................................................. .............. ..P 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's -5- /Def- 7 responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. -6- 2. i-.t least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general -7- design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. ...:::...:. :......:::::::::s::::::::::::::::::: ::::::...:.,.:<::.........:..::..::.::::.:::::::::.::.::::::::::::::::::::::::::::::::::::::::.:::.:::::::::::::::::::::::::::::::.:. i ::.:::::::::::::::::::. : :........................ ts:::: xsfid:<: :::: ::; e #<::: Il:::<b :> c. :::.:b > as :.;:.::.::.::.;:.;;;;;:.;:.:::.:.;:.;:.:;.;;:.::.::.:;.;:.::.;:.::.;:.::::::.::::::::: zi kh :: ge :.;:.;: .: :: ':.::.::.::.;::::::. .::::.:::::::::::::::::::::::. pt :................ : :a . ;:-;;;•:>.:..>:•.>;a;.:.;;:.;.;..c:.:.:.'l.:.:.;.;.s_::z..:.ri:..i;:?::.;i;;X:;.:<i'i:::;Y;::;;i;:::.:':i;i:;:t;:''ii:ii}i:^:i^::.;•::;:.:+::'F:i:;:..:...:-:":::::-:::-: ..:. ac ; .....;; : .....:: :: :::: :: : : : : ::: :::;:::;:;:;:; .?.>.'.ry.i. ...: € � < .:...: .:..:.;. .....: :::::i:i:.. .:.:;':.;.:.:........... ::...... ;}>...::; i:; ;:::::; i::::::::: parts. 1 :SRREEMiZEEF: oft -8- '%W.- amid... ..........................:.:::.:::......................................... Me ..'�......::;::: :::>:<:::»'�> ::.•.*.�-,-�::::::� ::�:::::ie�:l��.•. :�.�rxt�€��: y:�r:::::��:::>�n:>:�the::::> . :�a �€xe.:::<::' <:::::�::` },{::i i'::•}:iii•'-'.-i'•i'r:•'i:ir'rjJ:vijiii}ii'i:4YGi:4"::'4iY{ .....................::::::::<4ii::::ry}i}i:v:.:::.�::::::::::................................................ ....::i'i�•.J: .... :::i ::i..•.... �.:..}L♦;::.~..tiv �ii{i::i::ii�:is(i�}X:i::}i:::::i+:i�'}i:i::.i:v...(�:�::.:yy:1�:L:.::i ii:iiY'{:.:.:'f': �:i::.�i:::i�:i7wi�':/:�.i(:::i:.iii'.i':{wi..: ................................................:�:....::itiM1}:�.•�'.•'.•'.•'.�':'.��;:::::::::.:�:::::::::::.�.� �.:::::i::vhiiii:.iiii:?iii:.i:::4i:i:.t::::::::::::::::v:::::.:�::::::::::: ('Zv i::::i:::'ti:ii:::..:r��.:y.:: :.}ii:::::-:i"iY:Y.}:y::i'i:>j i'.:`...p is{.:i',:i.•::..:Y:(�':tt:{;�' •:::: ................ ...Y�: is i::ip::i' �' ��✓121'J .i.'XY.k� iFp�✓' iV' R'1.iV�✓ �r IV. OTHER ISSUES: .�.•.•�i::i;:ii:..•'::i::iii:i':i ii`i4:;:;iiiiiiiiiiiiiiii::+J:4:9'Fviiii}i:}iii}i:.i' 4:<:?}?isi4?i:""8:i0:•X4Y.}i}i:t?*' ::..::::..::::.::::::::::::::::...:::::::..:::::::::.�:•::•.•: ::..•.:: .. ::# a .;! x:::: e��l enf::: a fink u e;::o :::: <::'raM a:::bas s:::::t ds:» e::...co t .:..::.i'r:::....:i: ..:. ...P.—:: .:.:::::::::::::::::::::: :.:_::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::.::::::::::.:.::::::....:.: :::::: ' m� ; :.> :::c1e :>: nvle: Deveie�pxr + ply e� sla €efi eulez epese cr t e t B. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. C. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 3 lots for a total required park fee of . In consideration of the amenities that have been installed in Phases I and II, the Developer has requested a 50% credit toward the required park fees for a resulting fee of . The Council, hereby, grants a credit for a resulting -9- required park fee of 0 for this phase and is payable to the City prior to the beginning of construction. .....:::.:::.::.::.::.::.:...:.......:...:.:................. :..:....................:;.;....:....:....:....;..;..:.:::..:.......>:.: '��:: ��:�. .. <:>:• yes::::to::::r �rrslr�:k:::::t :::: �� r;�€�r�::<:� :>::..?�'�: :�.'.::. i���:�� ; iii:�:iiii rYS:i::::iiii:::iiiiiiiiiii.:..::::?i:::�i:::iii::•i:�::i :i:i''?:i:::Y::":i::iiiii::xii::i:'::ii::'r::ii:��irs�ii::i::i:::i::isi::i::i::i::i::i::i::i::i::i::iii::ii::l:•:::......... 4"v':•:ii:tvii::•}}i::.iiiiiii}i':'.isiG:4:0i:vii:;i':fiii:f":,r:i::i::ii:vvti�iiii::�::iii::i::i::::::::i'':ii:'�:iiii?iiiiiiiii:Ji:fi::j::i::ii::ii::::i'::i::i::i::i:::��:::'�:::i:!vi.•••{iiiiiiiiiiiiiii}iiii?iiiiii:L iiiiiii:;: ........................................ ........................................ SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:I wpfilesWevagreeWhrdge.vii -10- REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -11- /D(f-15 City of Southlake, Texas M E M O R A N D U M January 27 , 1994 TO: Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Stone Lakes Addition Phase III Developer Agreement The Developer Agreement for Stone Lakes Addition Phase III is attached. The Agreement contains the standard requirements for the provisions of water, sewer, streets and drainage . Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement . A few conditions are distinctive to this Phase, which resulted in revisions to our standard agreement . These items are discussed below. • Page 5 , part 2 (amendment) states that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. This additional language will be stated in all future developer agreements . • Page 8 , Paragraph G is an amendment that will provide for the purchase of tangible personal property and of taxable service to be exempt from taxation under Chapter 151, Tax Code . The construction under this agreement is for water, sewer and street facilities accepted by the City upon completion. This additional language will be stated in all future developer agreements . • Page 9, Section A, SEWER PRO-RATA: The Developer is required to participate in the cost of the S-4 Interceptor. The cost for their pro share is $21. 253„13 and is due before construction begins . • Page 9 , Paragraph C, OFF-SITE DRAINAGE: The Developer is required to pay the share of pro-rata for the box culvert at Continental Boulevard. Because the City has not collected for any of the drainage pro-rata for any of the phases, the total amount of $24 , 215 .4 will be due before Phase III begins . • Page 9 , Paragr D grants 50o credit toward Park Fees . Park and Recreation Board granted the entire subdivision 50o credit at the June 10 , 1991 Park Board Meeting. The minutes of that meeting and the Stone Lakes Phase I paragraph regarding park I credit are attached. Curtis E . Hawk Stone Lakes Addition Phase III Developer Agreement January 27 , 1994 Page 2 • Page 10 , Section E (amendment) , TREE PRESERVATION ORDINANCE : The Developer agrees that all construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585 , Section 9 . 1 . This additional language will be written in all future developer agreements . Please place this item on the Council ' s February 1st agenda for their consideration. If you have any questions, please contact me . Bob Whitehead Attachments : Park Minutes, June 10 , 1991 Park Credit for Stone Lakes Phase I Developer Agreement `,� wpfi1es\memos\stone.1k CITY OF SOUTHLAKE PARK AND RECREATION BOARD MEETING June 10 , 1991 7 : 00 p.m. MINUTES Board Members Present : Chairperson: Janet Murphy; Members : Ann Barnes , Steve Bender, Mike Jurecka, Lynn Haggerty, and Randy Robertson. Members Absent: Terry Mitchell , Rob Johnson, and Rick Roberts . City Staff Present: City Planner, Greg Last, and Kim Bush, Secretary to the City Manager. The Meeting was called to order at 7 : 30 p.m. At the direction of the Chairman, Janet Murphy, the Agenda order was changed to accomodate the guest speakers . Agenda Item #4 , Park Master Plan Update, Discussion Suzanne Sweek and Bo Bass with Schrickel Rollins and Assoc . , Inc . , were present and presented to the Board the first draft of the Planning and Design Criteria and base studies for the Park and Recreation Master Plan. Ms . Sweek and Mr. Bass also explained the summary of the Park and Recreation Survey results . (Both items are included in the minutes . ) Ms . Sweek informed the Board that the next two meetings will be spent discussing planning recommendations and implementations . Agenda Item #5 , Consider Stone Lakes Subdivision Proposed Parks and Open Space Phillip Jobe and Craig Curry, Stone Lakes Subdivision, presented the Park Land Amenities Site Plan for Stone Lakes . Mr. Curry stated that they are planning 17+ acres of open space and are looking for 50% credit . Concern was expressed by the Board Members because of no off street parking or sidewalks provided for safe and fair access to the park amenities by the residents of Stone Lakes . Craig Curry suggested that they could provide a few off street parallel parking spaces near the structured activity area. Motion was made to recommend to City Council that a 50% credit be awarded to the Stone Lakes Subdivision. Motion: Bender Second: Robertson Ayes : Bender, Robertson, Murphy, Barnes , Jurecka, Haggerty Nays : None Approved: 6-0 �C�r� i B. PERIMETER STREET ORDINANCE : The Perimeter Street Ordinance does not apply to Stone Lakes since the property does not abut substandard perimeter roadways , other than State Highway facilities . D. PARK FEES : In consideration of the land and amenities to be provided by the Developer for the recreational benefit of the Stone Lakes residents , the City agrees to credit the Developer fifty percent (50%) of the required park fees in conformance with Ordinance number 483 - City of Southlake Subdivision Ordinance, Article VII - Park and Recreation Dedication Requirements . Said fifty percent (50%) credit shall apply to the entire Stone Lakes Development as approved by the City of Southlake Park Board on June 10, 1991 . The amenities shall be constructed and completed concurrently with the Phase I development. The amenities shall include, but not limited to, 1) one 10-acre lake with fountain; 2 ) jogging path with lighting; 3 ) park benches ; 4 ) recreational areas such as volleyball area, and other amenities as developer deems necessary. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOP By: Title: leye aa rlc� r.c / mAN� 7erZ Date: CITY OF SOUTHL`AK TEXAS,/�\ l By: r ttattnm��ul,//r ry F i e ayor ATTEST: �. Sandra L Grand, xt Secretary Date: -10- DRAFT COPY FOR R`ViEW PURPOSES ONLY STONE LAKES ADDITION PHASE III ' DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and ............................. the undersigned Developer, hereinafter referred to as the "Developer," of the 91 aZ, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as ....................:...........:::............. the "Addition,"for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement ....................... is applicable to the lots contained within the ti~isiiP1 ;I and to the off- Pp ;: . _ site improvements necessary to support the Addition. I. ENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as-rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of /Od-s credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors' performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities ``r... shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: I. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards -2- /Od-� his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost. C. Trench testing (95% Standard); d. The additional charge for Saturday and/or Sunday inspections;and e. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; C. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have ., been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, -3- /O�- 7 through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating -4- the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It:>* undrsto�t theelapra t �n _.sign x��g uqn ::bcxcc .: cl ::i::i::i::i::iY'.:i:::::::'.':::::i:::i::i::i: i::i::i::ii::i:<:::::: ::i:::: '.:i::i:'J.tiii?i?:::::::;:i: ..fb >f r a nt .:> ........... ...................................................... gae: 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, -5- hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition-at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indenuiify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. -6- 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and ,., employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general -7- design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. :.:..�::.�:::::::.....:::::::....::::::::v:::::::::::.::::::::::::::::::::::::.::.;;iiii:.iiA:{:::.i'.>iiiiiiiiiii}iiiii::.::.::i?:''.i?iii::.::i}iii}i}i"i:":'ii!.:':'.iii::"':i:iiiiiY"'•i:ii'iiJii:4}}}iiiY::::":^:; '•iiiii::•::•iii:•::?.":••:ii::�.....i: 'iif v..:.ny.�:..:.:.:..:.:..:•iii.... •:•. .::. py(�:. is '}�'•iii.: '.:1!.:::-.. '':.i}:•.�'�y:ii{?�.' :>�'•:i:.�.(�.}�:i.[f..�}► :<;: Si' ':i:i/ :.': T..:. :.: t.:':::. .; .:::: n: P m " < purhssf tab prcznalrtth maeTr. err e'< ; <:> €1 :: :: the::>:: A::a::.. -8- a hecessai, end es ettti for the a farmance a the gr rnent and :. ... ....... ... 2 -- plbf e f�r...uso.::tn theerf�ar ><a::'>'.;: ,s i 04 >:<:::>:<:>::>::.1u :: A . eexnez :::>:::e :.::>::: >::::< Ze::::<::. b.:: ........;<. ::>: >.::.;.r.::::.; teen. cry b the service' s nfierz tlzerfOmnartfe r IV. OTHER ISSUES: A. SEWER PRO-RATA: The Developer age to pattzpat zn the cost ih S. 4 S.wer IntorcepiQr� The fasti tsddzor� is1, 5 .13.and z payable before eonstxucff pn ...... be tns B. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. C. OFF-SITE DRAINAGE: De�elct r::: ; IIt a d thee< .. :: :::: . ...: ' v r m # .;.. :nas `< :x aga u: ;:;:;;;:;: : : : � TX.: es u.>i� Pe ra 1 �.:.: ......... 5,68. 8...,�:.;:::::.;s.:.: ::::::::::::::;: . as :: n �po .is.. ep ::nd a rf$ n: .:. : .......... h ....:. III lnge-13 D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. .:.:: :::::::. .:: . . .,.: a .:: :: .:: .: .:: ca .:: .::: .Vie.:a fix .:: .:: . ;1::.Y..i}iiiiii' ...�i'•iii: .. ... . '•iiii::ti^i' :tiff^i:^i::i}}}ii:::iiiiiii:.iY ::.iii::!•i dd € :a:Sl �►::cruet€: <:thy: :: ` s::f :<ti es:;:cc� st The Addition consists of: lots for a total required ark fee of ::::`` q p 2�a#..�a, (...... .; .................................................... > 11 « xr <:1:;::;<::<>;;;:::::;.......................................................................................:..........................._.............................,......... : ::.::::::::::.;: :.::.::.::.:.:............................................................................................ ...... .......... SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:1 wpftlesldevagreel ston.lk i -10- REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -11- -- City of Southlake, Texas - M E M O R A N D U M January 28 , 1994 TO : Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Monticello Addition Phase III Developer Agreement The Developer Agreement for Stone Lakes Addition Phase III is attached. The Agreement contains the standard requirements for the provision of water, sewer and the entryway approach to Monticello Phase III . Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement . A few conditions are unique to this Phase, which resulted in revisions to our standard agreement . These items are discussed below. • Page 2 , Section D and F will require maintenance bonds, letters of credit or cash escrow for the entryway approach to Monticello Phase III . There will be private streets in this phase and the streets will be inspected by the City. • Page 4 , Section C, STREETS : Even though the streets are private, the City requires that the streets be installed in accordance with the plans and specifications . • Page 4 , part 2 has revisions because the streets are private and the City will not be responsible for street lights . A meter will be installed at the gate and the Developer or homeowner' s association will be responsible for payment . • Page 8 , Paragraph G (amendment) , is the tax exempt clause that should clarify what construction is exempt from taxation under Chapter 151, Tax Code . This additional language will be stated in all future developer agreements . • Page 9 , Paragraph A, SEWER PRO-RATA requires the payment of sewer pro-rata to be calculated at a later date . • Page 9 , Section C, PARK FEES : The Developer has requested a park credit of 50o for consideration of the amenities to be installed in this Addition. Park Board recommended the 500 credit on their January 10 , 1994 meeting. • Page 10 , Section D, PERIMETER STREET ORDINANCE : The Developer paid the Perimeter Street Fee for the entire Monticello Addition on April 8 , 1991 . • Page 10 , Section E (amendment) , TREE PRESERVATION ORDINANCE : The Developer agrees that all construction activities shall i Curtis E . Hawk, City Manager Monticello Addition Phase III Developer Agreement January 28 , 1994 Page 2 meet the requirements of the Tree Preservation Ordinance No. 585, Section 9 . 1 . This additional language will be written in all future developer agreements . Please place this item on the Council ' s February 1st agenda for their consideration. If you have any questions, please contact me . Ci4� Bob Whitehead Attachment : Developer Agreement wpfiles\memos\monticll.III MONTICELLO ADDITION PHASE III DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the ' fie Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide ✓/ city services thereto. It is understood by and between the parties that this Agreement is / applicable to the lots contained within the Addition Phase and to the off-site j improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained . C. vIt .. ::::as::: a�c:: u€ T >:::: xs::;.xt© < :; .:':::;ace.:.....:. ::::af; :< .::: ::: ..P ::. :::::::::::::: , .:::::.::::.: .:::::::::,::::::::...... ::::::::.: tttl#t ` the Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities d Viaf> ; » £, ;< ,<> : >' ':<"v 1e <:>,>: ;:>;<::;,>:;;<;:"`a :'» 4. r ctrtru I < a > g .:: .. ty .. .. t ...................................................................................................................................................................... ................:.... ernl 1l '11 . These maintenance bonds, letter of credit or cash escrow will .................................... ..................................... ..................................... be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by ' ....... ... < r .�?....City, title to ...... S . :�tl . facilities iridhn �Ppr4a _ d<....;zeta 6,11 se mentioned hereinabove shall be vested in the .................................................... .............................--.................... .................................................... City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; -2- /D...e - Y b. Administrative processing fee equal to two percent (2%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for Saturday and/or Sunday inspections;and e. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of. a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; C. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. ( -3- /D-p- -s J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements ................................................................................................ in Ordinance No. 217 ,�::<.;:<,,;:>:.;: :.<x Streets will e x th 3x g Zey az ::::p va tz�>:; ::;:. ..:..................::.......................................................................... ................................................................................................ be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. epefeAien eest ef street lights, whieh is payable to the City pr-ier- te final -4- /D--q--6 aeoeptanee—of the—dditien3 b) (a) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable City ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control -5- l0._e- 7 development plan that will be implemented for this Addition. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. -6- 2. At least six (6) sets of construction plans stamped 'Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that /D� -9 approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. ................................................................................................................................................................................................................................ 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Aa < z :P:::::::: :::::::::::::::::::: ::::::.1�: ::::::::.P ::::::::::::::::::Axe::::::.3' .::::::::::::::::::::::::::::::::::::::::::: z .::::::::. ..... AM ............;:::>:> .. a t > >:: : : >: a ...........:<:............. so i✓ ffi >A;>:ii✓ n >::> er f :.;::::>e .�E::frarn:> ctr :.:;.......; :..........:.:...................:.......................�................ .::::::::..:::::::._::......:::::..:: :.::::: :. ::.: ....... ..... ....... -8- a e es ry and e s tttal: f ;: r cirrnanc <:......: .... ......................... anti ": c�xiise� .at..Vie>>"c <st caf.. ..ta�elIe..sr ::.fQr :. 'tri:<:the:::: fer <€i.:< . 1 .:::::::..;:.;:.::::::::::::::::::.::::: ::::::.::::::.:::::::::::::::::::::::::::::::.. ::::.::::::::::::::: :::::::::::...:..:...:....................... .;::::::.:::.::::::.::.:::.;::::::::::::::.... ..;:.;:. .....;:................:.::.::.:..... .........:;: :.;:.: r>:Vid >> > . : ...... . Qx. "e€:servzee<:�s rote al:::t�:>#��::,'::rft� ax�c�..�s .. "rx IV. OTHER ISSUES: A. SEWER PRO-RATA: The eve1 'er:a gees. to a for their rQ-rata char e` 4 e r I 1t P 1z y 1 re du d b .the ew;r Pro Rata rchnanc #A 9 ThC'>* ev `>>... a rafia r�v�ll be .....:...l :: payable prtcr to start of construct on B. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. C. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. .................. The Addition consists of 7 lots for a total required park fee of $1 00- However, in consideration of the amenities to be installed in this Addition Phase III, the Developer has requested a 50% credit toward the required park fees for a resulting fee of S0t . The Park Board considered the Addition's request for credit at their Januar3 . 4, 994 meeting and recommend to City Council that the credit be given. (or- denied) The Council, hereby, grants a 0-M. credit for a resulting required park fee of � 00 for this phase and is payable to the City prior to the beginning of construction. D. PERIMETER STREET ORDINANCE: ...:.......,..,......... a acid Q=ii:—N >.�� � S ... y...............::.'..:::::::: ...........::::::: ::::. :::::::::::::.:::::::._:::::::::::::::::::.:::::::::::::::::......... ............................................................................................................... _......._._.... _........__.. _._....._.. ....._......_..._........ . ................. :�� ..... ........ ... ........................................................................................ ........................................ ........................................ ........................................ ........................................ SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -10- REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. �` ,.. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:4pfilesWevagreelMonticello.3 -11- l0� -13 City of Southlake, Texas M E M O R A N D U M January 27, 1994 TO: Curtis E . Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Sanitation Contract-Amendment and Assignment In April 1992 , the City of Southlake entered into a renewal contract for five years with Lakeside Sanitation, Inc . effective May 1, 1992 through April 1997 . On August 1, 1993 , Lakeside Sanitation, Inc . merged with Laidlaw Waste Systems . The merger requires assignment of the existing contract to Laidlaw. In addition, there are specific sections of the existing contract that need to be amended. Section 11 . 2 of the contract is amended to consent to the assignment of the sanitation contract from Lakeside Sanitation, Inc . to Laidlaw Waste Systems, Inc . Section 3 . 10 is amended to change the method of recycling recovery. The prior contract stated that 1000-. of the proceeds from the sale of recyclable materials are to be paid to the City monthly. The revision calls for a flat payment of $500 monthly, which is an average of the past payments for actual recycling sales . Section 5 . 3 is amended to add two additional holidays, Memorial Day and Labor Day, which is consistent with other Laidlaw contracts . Section 11. 6 is changed to allow for Notices to be sent to Laidlaw instead of Lakeside Sanitation. LAH laidamd /O 6 W4ffA 9ffffffA 9A 4 7 .L.. LAIDLAW WASTE SYSTEMS INC. _ JanuarY 4 1994 Mr. Curtis Hawk City of Southlake 667 N..Carroll Avenue - Southlake, Texas 76092 RE: Contract Assignment Dear Curtis: Per our discussions last week, enclosed please find the letter. from Lakeside Sanitation Inc. asking the City to assign their contract. to Laidlaw Waste Systems, Inc. Mr.. McCaffity also executed .the enclosed assignment to Laidlaw Waste Systems. The. blank assignment is the one necessary for the City to execute after.council action February 1, 1994. If you have questions please call. Sincerely, LAIDLAW WASTE SYSTEMS, INC. Richard Davis General Manager Sales & Marketing RD:jdh/0104A . 6100 ELLIOTT REEDER ROAD, FORT WORTH,TEXAS 76117. (817)332-7301 ion.� 3355 RAIDER DRIVE HURST,TEXAS 76053 (817)267-2803 • 1-800-633-7871 January 3, 1994 Mr. Curtis Hawk City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Assignment of Contract Dear Mr. Hawk: As evidenced by the attached assignment, I am requesting that the City of Southlake accept and assign the contract between Lakeside Sanitation Inc. and the City of Southlake to Laidlaw Waste Systems, Inc. Sincerely, LAKESIDE SANITATION,INC. Curtis McCaffity President CM:jdh/0103 1 iLLI./11YV } L111\1\L11 ILL Vll ._/VL 'T1 `yV ..JQII L1 1 .2'+ 1J -.J'J IIU .UIQ f .UL ASSIGNMENT AND AMENDMENT OF CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION AND RECYCLABLE MATERIALS Q [. .Cl'ION STAT L O v -TEXAS COUNTY OF TARRANT§ THIS ASSIGNMENT AND AMENDMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager, Curtis Hawk (hereinafter referred to as "City") and Laidlaw Waste Systems, Inc., a Delaware Corporation, acting by and through its duly authorized executive vice president, Mike Bragagnolo. WIA EI:REAS, on April 27, 1992 the City and Lakeside Sanitation, Inc. entered into a Contract for Residential and Commercial Refuse Collection and Recyclable Materials Collection (hereinafter referred to as the "Refuse Contract") whereby the City gave to Lakeside Sanitation, 111c. a nonexclusive license for the purpose of collection and disposal of re-iidential and corrlmcrcial garbage and trash, including solid waste recycling; and WHEREAS', on January 4, 1994 Lakeside Sanitation, Inc. assigned all its rights, privileges and duties under the Defuse Contract to Laidlaw Waste System, Inc.; and WIIi REAS, under the terms of the Refuse Contract, no assi6rlment is effective without the consent of the City which consent has been requested by Lakeside Sanitation, Inc:. and Laidlaw 'Wilste Systems, Inc.; and WHEREAS, Laidlaw Waste Systems, Inc. has agreed to assume all duties and legal responsibilities to conduct business and perform the collection and disposal of refuse and f.K i 1 Ci%In u n t,N I a k C%l a id lnwxo I) /D/- y rILI—ViNU . DHKKLI I ILL .- 01 (-3JL-4(4U Jan L( .�04 1� =JJ NO .U16 Y .UJ the collection of recyclable materials in accordance with the terms of the Refuse Contract, as amended hereby; and WHEREAS, Laidlaw Waste Systems, Inc. has requested that certain amendments to the Refuse Contract be made and City has agreed to said amendments. NOW, THEREFORE, KNOW AIL MEN BY THESE PRESENTS: SECTION 1. Pursuant to the terms of Section 11.2 of the Refuse Contract, City does hereby consent to the assignment of the Refuse Contract from Lakeside Sanitation, Inc. to Laidlaw Waste Systems, Inc. Laidlaw Waste Systems, Inc. hereby agrees to abide by all terms and conditions and shell assume all duties and responsibilities of Lakeside Sanitation, Inc, as ,., set forth in the Refuse Contact. SEC1 ON 2. The Rel'u.w Contract is hereby amended by revising Section 3.10 thereof to read as follows: "3.10 Recycling proceeds - No later than the twenty-fifth (2.5th) of each month, the Contractor sliall pay to the City $500.00 for use in the promotion and education of recycling in the City as determined by the City Council. Such payment shall be accompanied by H detailed statement indicating the weights of recycled materials collected in the city." SECTION 3. The Reft:se Contact is hereby arnended by revising Section 5.3 thereof to read as Follows: fAfiles+muni,-JA6Iaidhm.c«n 2 /D1-s fIELU1Nb , HHKKE11 ItL = 81f-661-4f4U Jan 1( ,94 15 :6b No .U13 P .04 "5.3 Holidays - The following %hail be holidays for purposes of this contract: New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner releases the Contractor of its obligation to provide refuse and recyclable materials collection services at residential units at least once per week." SECTION 4. The Refuse Contact is hereby amended by revising Section 11.6 thereof to read as 1,01lows_ "11.6Notice,,. All notices required to be sent pursuant to this contract shall be by U.S. Mail, Certified Return Receipt Requested, to the fallowing individuals at the address noted: If to City: City of Soutbkike 667 N. Carroll Avenue Southlakc, Texas 76(Y)2 Attention: City Manager If to Contractor: Uildlaw Waste Systems, Inc. 6100 Elliott Reeder Road Fort Worth, Texas 76117 Attention: Richard Davis SECTION S. All of the terms and conditions of the Refuse Contract which are not amended hereby shall remain in full force and effect. e f:%fi lcs�mun iWak0la idlaw.coo 3 r 1tLU1110 r UHKKL I I ILL . 61 (—JJL-4(4U Jc1f1 L( g J4 1� =J5 NO .U 1tS F' .U5 SECTION 6. This assignment and amendment shall be effective January 4, 1994. EXECUTED this day of February, 1994 in Tarrant County, Texas. CITY OF SOUTHLAKE: By. _ Curtis Hawk, City Manager ATTEST: By; City Secretary LAIDLAW WASTE SYSTEMS, INC. By: Mike Bragagnolo, Executive Vice President ATTEST: By: Notary Public in and for the State of Texas Typed/Printe,d Name of Notary Public: My Commission Expires: f;%fik tmunikxlakcUaidfaw.con 4 ion � ASSIGNMENT This assignment clearly documents the acceptance and assigning of the exclusively mandatory refuse garbage service contract presently in effect between Lakeside Sanitation, Inc. and the City of Southlake, County of Tarrant; State of Texas. Such assignment shall be to Laidlaw Waste Systems, Inc. Regional location 9001 Airport Freeway, Suite 500, North Richland Hills, Texas 76180. Laidlaw Waste Systems, Inc. assumes the active and legal responsibilities to conduct business and perform the collections and disposal of all waste and garbage in accordance with the existing contract, its ordinances and or requirements for the term of such. WITNESSED this day of 1994 Lakeside Sanitation, Inc. Curtis McCaffity, Presi Attest southlak.94 /off � ASSIGNMENT This assignment clearly documents the acceptance and assigning of the exclusively mandatory refuse garbage service contract presently in effect between Lakeside Sanitation, Inc. and the City of Southlake, County of Tarrant; State of Texas. Such assignment shall be to Laidlaw Waste Systems, Inc. Regional location 9001 Airport Freeway, Suite 500, North Richland Hills, Texas 76180. Laidlaw Waste Systems, Inc. assumes the active and legal responsibilities to conduct business and perform the collections and disposal of all waste and garbage in accordance with the existing contract, its ordinances and or requirements for the term of such. , WITNESSED this day of 1994 City Secretary City Mayor ion � OFFICIAL RECORD CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION AND RECYCLABLE MATERIALS COLLECTION STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT AND AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager, Curtis Hawk (hereinafter referred to as "City") , and Lakeside Sanitation, Inc. , a Texas Corporation, acting by and through its duly authorized President, Curtis McCaffity (hereinafter referred to as "Contractor") . WHEREAS, City and Contractor have heretofore entered into a Franchise and Agreement whereby Contractor agreed to provide residential and commercial garbage and trash services to the City and its inhabitants for a five (5) year period beginning May 1, 1987 and ending April 30, 1992 ; and WHEREAS, City and Contractor now desire to renew said contract by giving Contractor a non-exclusive license to use the public streets, easements, and thoroughfares within the limits of the City for the purpose of collection and disposal of residential and commercial garbage and trash, including solid waste recycling, subject to the terms and cond-tions set forth in this Agreement. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That City and Contractcr do hereby covenant and agree as follows : SECTION 1 DEFINITIONS Wherever used herein, the hereinafter listed terms shall have the following meanings : slake\refuse1.con(42292) 1 1 . 1 Brush. Tree and shrub trimmings and limbs, etc. , in bulk which exceed four (4) feet in length and cannot be loaded readily into regular refuse compaction equipment. 1 . 2 Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Hazardous Waste or Stable Matter. 1. 3 Bundle or Boxed Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) lbs. in weight. 1 . 4 City.. City of Southlake. 1. 5 Commercial Unit. Any commercial or industrial enterprises operating within the corporate limits of the City, including any residential dwellings occupied by persons or group of persons comprising more than four families. 1. 6 Commodity. Material that can be sold in a spot or future market for processing and use or reuse. Each commodity shall retain its own identity and be kept separate. 1. 7 Commodity Buyer. A buyer or processor, selected by Contractor pursuant to the Contract Documents, of recyclable materials delivered by Contractor. 1. 8 Contract Documents. This Contract and the most current Request for Proposals, Instructions to Bidders, and Contractor's Proposal, plus any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1. 9 Contractor. The person, or partnership performing refuse and recyclable materials collection under this contract. 1. 10 Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 1. 11 Disposal Sipe. A refuse depository, physically located in the City or in close proximity thereto, including but not limited to the Landfill and other sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved to receive for processing or final disposal of refuse by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals. 1 . 12 Garbage Containers. Portable cans or similar containers constructed of galvanized iron, tin or other substantial material, or plastic bags or cardboard boxes, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty-three (33) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds. slake\refusel.con(42292) -2- Al/W 1 . 13 Hazardous Waste. Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Texas to be "hazardous" as that term is defined by or pursuant to Federal or State Law. 1 . 14 Landfill . The real property site for disposal as described in paragraph 1 . 11 above. 1 . 15 Producer. An occupant of a residential or commercial unit who generates refuse. 1 . 16 Recyclable Materials. Those commodities which are collected by Contractor pursuant to this Contract. 1 . 17 Refuse. Every accumulation of waste (vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter including, but not by way of limitation, used tin cans and other food containers; and all easily decomposable animal waste or vegetable matter which is likely to attract flies or rodents; and all rubbish and waste material generated at a residential, commercial, industrial, institutional location, or construction site which must be disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse shall not include any waste materials included in the definition of hazardous waste. 1. 18 Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential unit shall be defined when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of a single or, multi-level construction, consisting of four or less continuous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be counted separately as a residential unit. 1 . 19 Rubbish. All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof , chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, pulp and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, or Hazardous Waste. slakeV efusel.coo(42292) -3- /1"I/_iz SECTION 2 SCOPE OF REFUSE COLLECTION WORK 2 . 1 Disposal of Refuse. The Contractor agrees to dispose of, outside the corporate limits of the City, all brush, bulky waste, and other refuse collected. All vehicles used by the Contractor for the collection and transportation of such brush, bulky waste, and other refuse shall be protected at all times while in transit to prevent leakage or the blowing or scattering of same onto the public streets of City or property adjacent thereto. 2 . 2 Frequency of Residential Collection. The Contractor shall collect all residential refuse in bundles, boxed bundles or garbage containers not less than two (2) times per week, with collections at least three (3) days apart. No collections shall be made on Sunday. Any missed pick-ups will be picked up by the Contractor on the same day if they are called in before 2 : 00 p.m. All refuse shall be placed at curbside for collection by 7:00 a.m. on the designated collection day. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container not so placed. 2 . 3 Quantity. The Contractor shall be required to pick up all refuse and bulky wastes generated from a residential unit, provided that same is properly prepared, bagged, and stored for collection. Rubbish or bulky wastes not containerized (which can be lifted and loaded by two (2) employees in no more than five minutes) , and large items such as furniture, hot water heaters , refrigerators and other appliances, shall be collected by the Contractor within forty-eight (48) hours of receipt of a call from a residence. 2 . 4 Residential Refuse - Where. Collections of refuse shall be made from the curb provided the containers are freely accessible, with the bottom at ground level or on a platform not more than three (3) feet above ground. Containers stored below ground surface will not be picked up. 2 . 5 Residential Refuse - How. The Contractor shall make collections with a minimum of noise and disturbance to the householder. This work shall be done in a sanitary manner. Any refuse or trash spilled by the Contractor shall be picked up immediately by the Contractor' s employees. 2 . 6 Commercial Refuse. Every owner, agent, employee, or person otherwise in charge of any commercial, institutional , or industrial premises within the City (commercial customer) shall have a commercial container or containers of a size and frequency to insure the premises against flies , rodents, scavengers , unnecessary odor and to prohibit unsightly accumulation of refuse or fire hazards . Contractor agrees to make commercial containers of slake\refusel.con(42292) 4 121)/ ,� adequate size available upon request of any commercial premises within the corporate limits of City. The commercial containers provided by Contractor shall be equipped with suitable operable covers to prevent blowing or scattering of refuse, shall be maintained in good order, appearance, and in a sanitary condition, shall be of a uniform color or color scheme, and shall be clearly marked with the Contractor' s name and telephone number. 2 . 7 Dead Animals . The Contractor shall be required to remove all dead animals in the City within twenty-four (24) hours of notice by the City. 2 . 8 Special Brush Collection. The Contractor shall provide a site (convenience center) at 3355 Raider Drive in Hurst, Texas, which will be open Monday through Friday from 1: 00 p.m. to 6: 00 p.m. and Saturday from 8 : 00 a.m. to 12 : 00 noon for the deposit of brush by residential customers. A reasonable cost may be charged to customers for this service. The Contractor shall be responsible for the transportation and disposal of these materials in a proper landfill . 2 .9 Tires , Batteries , Etc. The Contractor shall provide a site (convenience center) at 3355 Raider Drive in Hurst, Texas, which will be open Monday through Friday from 1: 00 p.m. to 6: 00 p.m. and Saturday from 8 : 00 a.m. to 12 : 00 noon for the deposit of oil, tires, batteries, and similar refuse customarily generated by residential customers. The Contractor shall be responsible for complying with all federal, state and local laws and regulations for the proper collection, transportation and disposal of these materials. A reasonable cost may be charged to customers for this service. 2 . 10 Christmas Trees. During the Christmas season each year, the City shall provide a specific site within the City for the deposit of Christmas trees by residential customers. The Contractor shall provide a chipper at such location at no cost for the purpose of chipping the Christmas trees. The Contractor shall be allowed one week to chip the trees . The chips shall be left on the site if so desired by the City. SECTION 3 SCOPE OF RECYCLING WORK 3 . 1 Residential Recycling. The Contractor agrees to furnish all personnel , labor, equipment, trucks, containers, and all other items necessary to provide recyclable materials collection and delivery services for all residences and public schools in the City as provided herein. These services shall be provided at least once per week. 3 . 2 Collection Equipment. The Contractor shall provide an adequate number of specially designed vehicles for recycling collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times . After notice from the City, the Contractor shall have slake\refusel.con(42292) -5- .o/,./ t`A rty (30) days to correct any deficiencies in its collection vehicles. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor and a slogan depicting the recycling theme. 3 . 3 Recycling Containers. Contractor shall provide at its sole expense one (1) recycling container for each residential unit within the City. The recycling container shall remain the property of the Contractor for a period of five (5) years from the initiation of the recycling service. At the end of the five (5) year period, the recycling containers will become the property of the residents. If Contractor's services in the recycling program are discontinued prior to five (5) years from the initiation of the recycling service, the recycling containers shall be returned to the Contractor. The Contractor will be responsible for the collection of these bins and identifying which homes do not return recycling bins upon request. For recycling containers which are not returned to the Contractor, a charge per bin will be calculated on a depreciated book value basis. The book value for each unreturned container shall be calculated by utilizing a $6.00 initial cost value and the straight line depreciation method over a sixty (60) month life with a twenty-five percent (25%) remaining salvage value. During the initial term of this contract, if a recycling container is lost, stolen or destroyed, residents may purchase additional replacement containers from Contractor for six dollars ($6. 00) per container. However, there will be no charge for replacement of containers due to normal wear and tear. Recycling containers will be constructed, at least in part, of recycled plastic and will be sixteen (16) to twenty (20) gallons in volume. Containers shall clearly state the name of the Contractor and a slogan depicting the recycling theme. 3 . 4 Recyclable Commodities. The Contractor shall collect and recycle the following commodities: 1 . Newspapers. No magazines, mail , paper bags or other paper will be collected. 2 . Glass bottles, jars and containers . No mirrors, windows, or ceramics will be collected. 3 . Cans for food, beverages, soft drinks, beer, etc. No scrap metal will be collected. 4 . Plastic H. D. P. E . and P.E.T. bottles . In the event that the market prices for any one or all of the above commodities drops to the point that such materials can no longer be sold or processed, the City and the Contractor may agree to remove that commodity from the list of items to be recycled and the Contractor will notify residents of same. The City reserves the right to include additional materials, such as magazines , cardboard, automobile batteries, and other materials as such markets become available. In addition, the slake\refusel.con(42292) -6- /0/.I-, Contractor agrees to add yard waste recycling and office paper recycling as markets become available. 3 . 5 Location of Containers for Collection. Each container shall be placed at curbside for collection by 7 : 00 a.m. on the designated collection day. 3 . 6 Separated Commodities. It is the intent under this Contract for the Contractor to collect certain source separated commodities to be recycled by a sub-contractor who has experience in the business of processing and sale of commodities. The Contractor will not be required to collect commodities which are mixed with garbage, trash and refuse normally collected by sanitation crews. The Contractor may notify the City of any such addresses where the residents are so commingling commodities and will notify the individual customer that such commodities are unacceptable for collection. 3 . 7 Hauling. All commodities hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 3 . 8 Delivery. All commodities collected for delivery and sale by the Contractor shall be delivered to a commodity buyer selected from time to time at the sole discretion of the Contractor. The charge for delivery to the commodity buyer shall be included in the rate for each residential unit serviced by the Contractor. 3 . 9 Notification. The Contractor shall notify all new residences about complaint procedures, sorting, preparing for collection, regulations, and day(s) for scheduled recyclable materials collection. The contractor shall also inform the public of any condition and form required of materials to be collected. 3 . 10 Recycling Proceeds. No later than the 25th of each month, the Contractor shall pay to the City one hundred percent (100%) of all funds or proceeds obtained from the sale of recyclable materials collected by the Contractor in the City. Such payment shall be accompanied by a detailed statement indicating the weights and values of the recycled materials sold. 3 . 11 Reports. In addition to the monthly reports required above, the Contractor shall be required to file quarterly and annual reports with the City. Monthly and quarterly reports shall include the following information: Tonnage marketed, by materials Participation rates by neighborhood Discussion of problems and successful experiences in program operations Annual reports shall include the following information: - Summary of participation rates and recovered material amounts slake\refusel_con(42292) -7- Summary of public awareness activities and their impact on participation and recovered tons Summary of successes and problems and measures taken to resolve problems SECTION 4 SPECIAL PROVISIONS 4 . 1 Nonexclusive Rights. The Contractor shall be free to engage in work as a private scavenger or hauler and to charge the public for services other than as provided in this contract. Such scavenging or hauling by individuals on a non fee basis shall be permitted. 4 . 2 Spillage. The Contractor shall not be responsible for scattered refuse unless the same has been caused by his acts or those of any of its employees, in which case all scattered refuse shall be picked up immediately by the Contractor. A fork, push broom and a scoop type shovel shall be maintained on each truck for clean up activity. Contractor will not be required to clean up or collect loose refuse or spillage not caused by the acts of its employees, but may report the location of such conditions to the City Manager so that proper notice can be given to the customer at the premises to properly contain such refuse. Commercial refuse spillage or excess refuse shall be picked up by Contractor after the customer reloads the containers. In the case of commercial customers, Contractor shall then be entitled to an extra collection charge for each reloading of a commercial container requiring an extra collection. Should such commercial spillage continue to occur, City shall require the commercial customer and Contractor to increase the frequency of collection of the commercial customer' s refuse or require the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services . 4 . 3 Vicious Animals. Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse or recyclable materials collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of his inability to make collection. 4 . 4 City Facilities . The Contractor shall make no extra charge for collection and disposal of waste at city owned, operated or other city designated sites, including city parks , so long as the same can be collected on a regular collection route of the Contractor. 4 . 5 Hazardous Waste. It is specifically understood and agreed that the collection and disposal of hazardous waste by the Contractor is not authorized or governed by this contract and that the disposal of hazardous waste by the Contractor shall be in compliance with all federal , state and local laws and regulations. slake\refusel.con(42292) -8- /o4.11 /T SECTION 5 CONTRACTOR' S OPERATIONS 5 . 1 Hours of Operation. Collection of residential refuse or recyclable materials shall not start before 7 : 00 a.m. or continue after 6 : 00 p.m. on the same day. Exceptions to collection hours shall be effected only with the approval, in writing, of the City Manager. 5. 2 Routes of Collection. Residential collection routes shall be established according to current City Routes. The Contractor shall submit a map designating the collection routes and proposed days of collection to the City for its approval. Contractor shall submit any change in the residential collection routes to the City Manager for approval. The Contractor may propose to the City changes in routes or days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the affected residential units. 5. 3 Holidays. The following shall be holidays for purposes of this contract: Thanksgiving Day Christmas Day New Years Day Independence Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relieves the Contractor of its obligation to provide refuse and recyclable materials collection service at residential units at least once per week. 5. 4 Complaints and Non-Performance. Service complaints shall be handled in the following order: 5. 4 . 1 Service Complaints - Contractor. All service complaints shall initially be directed to the Contractor and shall be resolved by the end of the next business day. The Contractor shall supply copies of all complaints on a form approved by the City indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. 5 . 4 . 2 Service Complaints - City. The City shall notify the Contractor of each complaint reported to the City. It shall be the duty of the Contractor to take whatever steps necessary to remedy the cause of the complaint and notify the City of its disposition by the end of the next business day. The City shall provide a list of complaints to the Contractor by phone not later than 4 : 30 p.m. each day. 5 . 4 . 3 Damage - Private Property. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer' s claim of damage to private property slake\refusel.con(42292) -9- resulting from actions of Contractor' s employees, agents, or sub- contractors . 5 . 4 . 4 Complaint Procedures . The Contractor shall provide the City with information regarding complaint procedures, rules and regulations, and day(s) of collection, etc. Information is to be in the form of printed material distributed by the Contractor. 5 . 5 Equipment. The Contractor shall provide equipment which meets or exceeds the following: 5 . 5. 1 Type. The Contractor shall use .only vehicles with bodies which are water tight to a depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires. All equipment utilized by the Contractor shall be kept in good repair, appearance, and in a sanitary condition at all times. 5. 5. 2 Amount. The Contractor shall provide sufficient equipment in a proper operating condition so regular schedules and routes of collection can be maintained. 5. 5. 3 Condition. Equipment is to be maintained in a clean and safe working condition and shall be painted uniformly. No advertising shall be permitted on vehicles. Vehicles must have contractors name and phone numbers in letters and numbers legible from 150 feet. The City shall have the right to inspect all equipment and may require the Contractor not to use a piece of equipment for good and reasonable cause. 5 . 5. 4 Protection from Scattering. Each vehicle shall be equipped with a cover, which may be net with mesh not greater than one and one-half (1 1/2) inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of refuse onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the landfill , and during loading operations or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is scattered from Contractor' s vehicle for any reason, it shall be picked up immediately. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5 . 5 . 5 Miscellaneous. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant once a month. Also, they shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. The Contractor ' s vehicles are not to interfere unduly with vehicular or pedestrian traffic, and vehicles are not to be left standing on streets unattended except as made necessary by loading operations. 5 . 6 Office. Contractor agrees , at its oan expense, to keep an office open in the mid-cities area and provide a telephone answering service from 8 : 00 a.m. to 5 : 00 p. m. , Monday through Friday, excluding legal holidays, for the purpose of handling slake\refusel.con(42292) 10 /D� iy complaints and other calls regarding refuse collection service. The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public and the office personnel shall have authority to represent the Contractor in its relations with the City and the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after hours emergencies. The Contractor shall keep and maintain in the office a daily log of all the service calls which shall show the nature of the call, complaint or communication. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this Contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate in writing to the City Manager the name, telephone number, and address of such agent to whom all notices may be served by the City or complaints received from citizens of the City. Service upon the Contractor' s agent shall always constitute service upon the Contractor. Contractor agrees to secure an annual listing in the Fort Worth telephone directory under the name by which it conducts business in the community. 5.7 Disposal of Refuse. It shall be the responsibility of the Contractor to dispose of the refuse he collects according to City, County, State, and Federal regulations at his own expense. 5 . 8 Hazardous Weather. The City may cancel a portion of or all of a scheduled service day due to hazardous weather condition[ . 5 . 9 Records. The City shall have the right to review the books and records kept incident to the operation of Contractor's business within the City. All information so obtained shall be confidential and shall not be released by the City unless expressly authorized in writing by the Contractor. SECTION 6 CONTRACTOR' S RELATION TO CITY 6 . 1 Contractor as Independent Contractor. It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work, licenses, or privileges granted herein, notwithstanding the Contractor is bound to follow the direction of designated City officials, and that the Contractor is in no respect an officer, agent, servant or employee of the City. This contract specifies the work to be done by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in this contract. It is further expressly understood and agreed that the City has no control over or right to control the collection, transportation or disposal of solid waste by the Contractor or where or how such solid waste is disposed of. It is further understood and agreed that Contractor shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees ; that the doctrine of respondeat superior shall not apply as between City and Contractor; and that nothing herein shall be slake\refusei.con(42292) 11 construed as creating a partnership or joint enterprise between City and Contractor. 6 . 2 Subletting Contract. This contract, or any portion thereof, shall not be sublet or assigned except with the prior written consent of the City Council , which consent will not be unreasonably withheld. No such consent will be construed as making the City a party of or to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subletting or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such subletting, the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of the Contractor. 6. 3 City Manager to be Referee. To prevent misunderstanding and litigation, the City Manager shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the contract provisions, and the acceptable fulfillment of the contract on the part of the Contractor; and the City Manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory. The City Manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of this contract and the findings and conclusions shall be final and binding on both parties. If at any time during the life of this Contract, performance of the Contractor does not meet the standards of the Contract, the Contractor, upon notification by the City, shall increase the forces, tools, or equipment as needed to properly perform the Contract. The failure of the City to give such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by this Contract. Contractor and City agree that the City Manager will be the final authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute regarding performance between the City, Contractor, and any customer. 6 . 4 Inspection of Work. The Contractor shall furnish the City Manager or his authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of this contract. The City Manager may appoint qualified persons to inspect the Contractor' s operation and equipment at any reasonable time, and the Contractor shall allow authorized representatives of the City to make such inspections . 6 . 5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. slake\refusel.con(42292) 12 6 . 6 Taxes. The Contractor shall pay all Federal, State and local taxes including sales tax, social security, worker' s compensation, unemployment insurance, ad valorem, and other required taxes which may be chargeable against labor, material, equipment, real estate and other items necessary to and in performance of this contract. 6 . 7 City Not Liable for Delays. It is expressly understood and agreed that in no event shall the City be liable or responsible to the Contractor or to any other person for any stoppage or delay in the work herein provided for, by injunction or other legal or equitable proceedings brought against the Contractor, or from or on account of any delay from any cause over which the City has no control . 6 . 8 Licenses Permits, and Fees. Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections, and other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at his own expense, all disposal fees associated with the collection, removal, and disposal of refuse. 6 . 9 Term of Contract. The term of this contract shall be for a period of five (5) years beginning May 1, 1992 and ending April 30, 1997 . 6 . 10 Renewal. This contract may be renewed under the same terms and conditions for an additional five (5) year period as provided herein. No later than one hundred and twenty (120) days prior to the termination date, Contractor shall notify City of its election to terminate this Agreement or conversely, its election to renew this Agreement for another five (5) year period. Should Contractor elect to terminate, then this Agreement shall terminate and end on the termination date. In the event that Contractor fails to provide the City with any notice of renewal or termination no later than one hundred and twenty (120) days from the end of the term, then in such instance, such failure of notice shall be construed and understood as an election by the Contractor to renew the contract for an additional five (5) year period. Should the Contractor either elect or be deemed to have elected to renew this contract, the City shall then notify the Contractor no less than ninety (90) days from the end of the contract term of the City' s election to terminate this contract. Should the City elect to terminate, then this contract shall terminate and end on the termination date. Should the City elect to renew the contract, then this contract shall be renewed for a period of five (5) years beginning on May 1, 1997 . Should the City fail to so notify Contractor of its intentions no less than said ninety (90) days from the end of the contract term, then this contract shall continue on a month to month basis under the same terms and conditions until renewed or terminated by formal action of the Council . All notices shall be in writing and sent by certified mail , return receipt requested, to the parties at the addresses provided in Section 11. 6 hereof. slake\r=fusel.con(42292) -13- /D/ ,�z 6 . 11 Breach of Contract. It shall be the duty of the City Manager and any officials of the City which he may designate to observe closely the refuse collection, disposal , recycling and salvage operations and if, in the opinion of the City Manager there has been a breach of contract, the City shall notify the Contractor, in writing, specifying the manner in which there has been a breach of contract. If within a period of seven (7) days, the Contractor has not eliminated the conditions considered to be a breach of contract, the City Manager shall so notify the City Council and a hearing shall be set for a date within twenty (20) days of such notice. At that time, the City Council shall hear the Contractor and the city representatives and make a determination as to whether or not there has been a breach of contract, and direct what further action shall be taken by the City, or the Contractor, as hereinafter provided. 6 . 12 Cancellation or Annulment of Contract. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workers and sufficient and adequate equipment to insure the proper and substantial performance of said refuse and recyclable materials collection work, or performs unsuitable work, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only Acts of God, does not carry on the work as aforesaid or otherwise defaults under any other terms, conditions or obligations of this contract, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgment for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor fails to rectify such default within seven (7) days after the giving of such notice by the City, then the City may thereupon by action of the City Council declare the contract cancelled. Such cancellation of the contract shall not relieve the Contractor of liability for failure to faithfully perform this contract, and in case the expense incurred by services provided for in said contract shall exceed the sum which would have been payable under the contract, then Contractor shall be liable to the City in the amount of any such expense in excess of the per unit contract price. If the City should cancel or annul this contract under the foregoing provisions, then the City may, at its option, purchase all trucks, machinery, equipment and tools used regularly by the Contractor in the performance of this contract and shall pay the Contractor the appraised value thereof as of the time of such revocation and cancellation. Such appraised value shall be determined by a board of three (3) appraisers as follows: one appraiser shall be named by the Contractor, one appraiser shall be named by the City, and the two appraisers so named together shall name a disinterested person as the third appraiser. Such Board of Appraisers shall within thirty (30) days after their appointment, appraise such property and make a sworn statement showing their findings as to its value, furnishing a copy of such statement to the City and another copy to the Contractor. slake\refusel.con(42292) -14- /D/=,�3 6 . 13 Nondiscrimination Clause. The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. SECTION 7 QUALITY OF SERVICE 7 . 1 Character of Workers and Equipment. The direction and supervision of refuse collection and disposal, recyclable materials collection and disposal and salvage operations shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workers employed by the Contractor shall be careful and competent. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be scheduled for a joint hearing upon receipt by the Contractor of a written request from the City Manager. The City shall specify reasons for the request. If warranted by the City Manager, such employee shall not be assigned by the Contractor to the City. 7 .2 Cooperation of Contractor Reauired. The Contractor shall cooperate with authorized personnel and representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this contract. Contractor shall have at all times a competent and reliable representative available authorized to receive orders and act on behalf of Contractor. 7 . 2 . 1 Contractors Employees. The Contractor shall assure that Contractor' s employees serve the public in a courteous, helpful and impartial manner. 7 . 2 . 2 Handling of Private Property - Contractor' s Employees. Contractor ' s employees collecting refuse or recyclable materials will be required to follow the regular walk for pedestrians while on private property. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. SECTION 8 WORKING CONDITIONS 8 . 1 Employee Protection. The Contractor shall comply with all applicable State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, or hereafter in effect. 8 . 2 Employees Salary - Contractor. The Contractor is required and hereby agrees by acceptance of this contract to pay all employees not less than Federal minimum wage and to abide by other requirements as established by the Fair Labor Standards Act, if applicable. slake\refusel.con(42292) 15 /� 8 . 3 Compliance with Laws and Regulations. The Contractor hereby agrees to abide with all applicable Federal, State, County and City laws and regulations applicable to the collection, transportation or disposal of solid waste or the operations of Contractor under this contract. Any operations or activities of Contractor which are not in strict compliance with EPA guidelines are outside the terms of this contract and shall be considered to be a breach of this contract. The Contractor shall indemnify and save harmless the City, all of its officers, representatives, agents and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by Contractor, its officers, agents, servants, employees, licensees, invitees, or subcontractors. SECTION 9 INSURANCE AND INDEMNIFICATION 9 . 1 Minimum Insurance Coveracte. The Contractor at its own expense shall purchase, maintain and keep in force insurance as will protect him from claims, whether these claims arise as a result of the operations of Contractor, any subcontractor or by anyone for whose acts the Contractor may be liable. Minimum coverage shall be established as of commencement date for this contract in the following amounts: Coverages Limits of Liability Worker' s Compensation Statutory Employer' s Liability $1000, 000 Bodily Injury Liability $500, 000 each occurrence Except Automobile $1, 000, 000 aggregate Automobile Bodily Injury $500 , 000 each person Liability Automobile Property Damage $500, 000 each occurrence Liability Property Damage Liability $500 , 000 each occurrence Except Automobile $500 , 000 aggregate Excess Umbrella Liability $2 , 000 , 000 each occurrence Further, any insurance coverages which are required by statute which are not expressly stated herein shall be maintained in accordance with statutory requirements. 9 . 2 Certificate of Insurance. Before commencing any of the work under this contract, Contractor shall file with the City valid Certificates of Insurance acceptable to the City. Such certificates shall contain a provision that states coverages slake\refusel.con(42292) -16- /Z/-4fi— afforded under the policies will not be cancelled until at least thirty (30) days prior written notice Las been given to the City. The Contractor shall also file with the City valid Certificates of Insurance covering all subcontractors. In the event the Contractor is self-insured under the Texas Workers ' Compensation Act, the Contractor shall file with the City a valid Certificate of Authority to Self Insure issued by the Texas Workers ' Compensation Commission and proof of compliance with all security requirements provided by the Act. The failure by Contractor to keep in full force and effect any insurance required by this contract shall be deemed a breach of this contract. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of this Contract. Contractor shall procure and maintain, at its sole cost and expense, any additional kinds and amounts of insurance that in its own judgment may be necessary for proper protection in the prosecution of its work. 9 . 3 Indemnification. Contractor assumes all liability and responsibility for and hereby covenants and agrees to fully indemnify, hold harmless, and defend City, its officers, agents, servants, and employees, from and against any and all claims, demands, suits, judgments, assessments, costs , and expenses (including attorneys ' fees) for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance, attempted performance, or non-performance of the work and services described hereunder or in any way resulting from or arising out of the collection, transportation, and disposal of solid waste or refuse under this contract, including the work, services, operations, and legal duties of Contractor, its officers, agents, servants, employees, subcontractors, licensees, or invitees, if any. Contractor shall likewise assume all responsibility and liability for and shall indemnify and hold harmless the City for any and all injury or damage to City property arising out of or in connection with any and all acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, licensees , or invitees , including attorneys ' fees expended by City in any suit or claim against Contractor for same. SECTION 10 FEES 10 . 1 Charges. The Contractor is authorized to collect the various kinds of refuse and commodities as defined herein and charge for such service a Monthly Customer Service Charge and such other rates set forth on Exhibit A attached hereto and incorporated herein for all purposes. The rates will be binding and considered a part of this contract. 10 . 2 Percentage Fee. The Contractor shall pay to City ten percent ( 10%) of the gross collections from all residential refuse and slake\refuset.con(42292) -»- A/ a6 recycling collections and two percent (2%) of the gross collections from all commercial refuse collection performed within the City, including regular collections and collections from extra hauls. 10 . 3 Billing & Collection. The City will serve as billing and collection agent for residential billings. Commercial billings will be done by the Contractor. 10 . 4 Payment to the City. The Contractor will pay the commercial percentage fee to the City on or about the 15th of each month. 10 . 5 Payment to Contractor. The City will pay the Contractor his portion of the monies billed for residential collection, less the retainage on or about the 15th of each month. 10 . 6 Reports of Operations . The City shall submit to the Contractor a written report showing the number of complaints received during the preceding calendar month, a list of parties billed for collection, and the amounts billed by i:he 15th of each month. 10 . 7 Modification of Rates. At any time after the first year of this contract, the Contractor may, at its option, submit a request in writing for an adjustment in the established consideration for refuse or recyclable materials collection and disposal service. The Contractor shall furnish evidence as to the need for such adjustment, and the City Council, upon investigation and consideration of the circumstances surrounding the request, may approve or disapprove such request, having due rega:;.-d for such other factors as the City may deem relevant. The ContY•actor shall, upon request of the City timely made, furnish all data to it bearing on the requested adjustment in consideration.. Nothing contained herein shall restrict in any way the City' s full exercise of discretion in setting charges for refuse collection and disposal services to any premises in the corporate limits of the City of Southlake. SECTION 11 WORKING POLICIES 11 . 1 Commencement of Work. The Contractor must commence operations on the date and year agreed by the City. 11 . 2 Assignment of Contract and Disposal of Pronerty. The Contractor shall not assign this contract without the consent of the City, nor dispose of equipment used in the refuse and recycling collection and disposal operations without immediately substituting additional property . 11 . 3 Operations During Dispute. In the event the City Council shall find that the Contractor has failed, or is failing to perform obligations under this contract, it shall be the duty of the City Council to enter into a formal finding of that fact upon the minutes and send a certified copy of such finding by registered or certified mail to the Contractor, or have same delivered to the slake\refusel.con(42292) �8 �� a�7 Contractor personally. In such event, the Contractor agrees that the City shall thereupon be entitled to take over all operations under this contract, and the Contractor shall cooperate to the extent necessary to enable the City to do so. The Contractor expressly recognizes the paramount right and duty of the City to provide adequate refuse and trash collections as necessary governmental functions, and further agrees, in consideration for the execution of this contract, that in the event the City shall invoke the provisions of this section the Contractor will not seek injunctive relief in any court but will either negotiate with the City for an adjustment on the matters in dispute, or present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by the Contractor or by the City. 11. 4 City Ordinances. Nothing contained in any ordinance of the City now in effect or hereafter adopted pertaining to the collection of refuse may in any way be construed to affect, change, modify, or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this contract. It is the intention hereof that the Contractor be required to perform strictly the terms of this contract regardless of the effect or interpretation of any municipal ordinances which in any way relate to refuse. 11 . 5 Amendments. Amendments which are consistent with the purposes of this contract may be made with the mutual consent of the parties and in accordance with the City Charter and other applicable laws and ordinances. 11. 6 Notices. All notices required to be sent pursuant to this contract shall be by U.S . Mail , Certified Return Receipt Requested, to the following individuals at the address noted: If to City: City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Manager If to Contractor: Lakeside Sanitation, Inc . 3355 Raider Drive Hurst, Texas 76053 Attention: J . R. Hubbard 11 . 7 Venue. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. slake\retusel.con(42292) .19- A/- 11.8 Governmental Powers. It is understood and agreed that by execution of this Contract, City does not waive or surrender any of its governmental powers.EXECUTED this day of , 19 /p� 2 J, in Tarra ,Gq nty, Texas: L S CITY OF SOUTHLAKE :n %�• ti r� fj awk, City Mana er .......... ' ATTENY 41111 w0`IX411;1 A U City Secretary LAKESIDE SANITATION, INC. By: &:X—� zl�E Mff ' q- Curtis ident ATTEST: C� Corporate Secretary slake\refusel.con(42292) -20- /"X,zs City of Southlake,Texas MEM • RANOUM January 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Southlake Program for the Involvement of Neighborhoods I have been thinking about implementation strategies for SPIN, an recommend the following: 1) Develop informational materials for ; January 31-February 7, 1994 distribution to the City Council and citizens. 2) Develop mailing list which identifies No later than February 16, 199 citizens by neighborhood. 3) Identify SPIN leaders, including January 31-February 11, 1994 Standing Committee members and potential members on Neighborhood Councils. 4) Distribute information items. No later than February 18, 1994 5) Appoint SPIN Standing Committee February 15, 1994 members. 6) Hold organizational meeting for March 2, 1994 SPIN Standing Committee. 7) Hold a "town hall" meeting to March 22, 1994 discuss SPIN with citizenry. There are many other issues to address for the implementation of this program, however, this will get us started. Please give me feedback at your earliest convenience. SR RECEIVED ,BAN 1 8 1994 DEPT.OF PUBLIC WORKS BROOK FOREST DEVELOPMENT, INC. January 27 , 1994 Mr. Robert R. Whitehead, P. E. Director of Public Works 667 North Carroll Avenue Southlake, Texas 76092 Re: Letter 1/17/94 to Mr. Dennis Benson, Brook Forest Development, Inc. Dear Mr. Whitehead: I wish to clarify an apparent misunderstanding regarding City of Southlake approval and express my desire to work with you to accomplish our mutual desire for traffic safety on North Randol Mill Ave. My concern arises from three points of interest. First, as a resident of Southlake I have many friends who live in Cross Timbers Hill and Southridge Lakes who report great fear of using Kingswood Dr. to enter Randol Mill Ave. because of the North bound traffic that suddenly appears at the crest of that hill. The yellow flashing light that you currently employ fails to slow the oncoming traffic enough, to create a safe intersection. These citizens state that only in an emergency would they drive through that intersection! Second, as a developer in the City of Keller, I want the most desirable-safe environment as possible to enhance the desirability of my project. Although it is small by comparison; only five, one acre lots, it is all I have. Lastly, Brook Forest Drive was, until two months ago, my parents driveway; 1150 Randol Mill Ave. Their house sat where the new culdesac is currently located. Their house was moved backwards (on land they retained, not part of Brook Forest) , to make room for the new street that they must use to enter their house; Brook Forest Drive. Thus my concern is threefold; as a citizen of Southlake, as a Keller businessman, and as a protective adult son of my elderly parents. Page 2 A deadly traffic hazard has, and continues to exist, at the Kingswood Drive and North Randol Mill intersection. Both streets are entirely within the jurisdiction of the City of Southlake. A single flashing red light on Randol Mill (which is currently a yellow flashing light) , facing South to stop the North bound traffic at the crest of the hill will terminate this very old problem for the City of Southlake. This alternative solution will simultaneously neutralize any possible hazard to Brook Forest Drive which already lies at a safer distance away from the dangerous Kingswood intersection. There is no need for a traffic control light like the one that you now use at the Carroll Avenue and 1709 intersection (a similar offset intersection) , that controls traffic in all directions. Rather a simple lense cover change from yellow to red will protect our Southlake community and that of Keller as well, with minimal disruption to traffic. If the City of Southlake desires to widen Randol Mill or eliminate the hill crest, Brook Forest will gladly donate easement space for your project, or share costs to change the color of the existing flashing light and erect new street warning signs. Lastly, regarding approval by the City of Southlake, I was shocked when I read that you were unaware of the approval granted to Brook Forest subdivision by the City of Southlake to connect Brook Forest Drive onto North Randol Mill Avenue. Following preliminary platting of Brook Forest subdivision by the City of Keller, the City of Southlake Director of Public Works, Mr. Mike Barnes, and the engineer in charge of Brook Forest, John Levitt, negotiated this subdivision project resulting in complete approval by the Southlake Director with no contingencies or restrictions of any kind to be imposed on Brook Forest by the City of Southlake. Therefore, the Brook Forest subdivision project has proceeded in good faith through final platting and construction. Mr. John Levitt of Levitt Engineering asked me to relay his desire to discuss this matter with you if further clarification is needed. I regret this misunderstanding and desire for a mutually beneficial resolution so that Brook Forest of Keller can continue to be a good neighbor with the City of Southlake. Page 3 We share the same desire, to protect our community. Please contact Dennis Benson, the project manager for Brook Forest subdivision if we may be of any assistance in resolving this matter. Sincerely, W. Randal Godsey, Brook Forest Development, Inc. cc: George Staples, Attorney John Levitt, Engineer Dennis Benson Page is too large to OCR.