1982-03-02
CITY OF SOUTHLAKE
667 North Carroll Avenue
Southlake, Texas
REGULAR CITY COUNCIL MEETING
March 2,1982
7:30 p.m.
AGENDA
1. Mayors Report
2. Consider: Acceptance of Resignation of Police Chief.
3. Consider: Texas Power and Light Company Rate Increase
Presentation: Mike McKinney
Approval of Resolution 82-2. Suspending Action
and approving Findings.
4. Consider: ZA 82-5. Replat of Lot 30 Continental Park Estates.
5. Consider: ZA 81-27. Final plat approval for Cross Timber
Hills Estates.
Approval of Developers Agreement.
Owner, developer: Ten Bar Property Company.
6. Consider: Developers Agreement for Twin Creeks Addition.
Burger and Eakins Custom Builders.
7. Consider: Request for amendment to Developers Agreement
for Harbor Oaks Addition. Donald W. Shipp,
Dunaway and Associates.
8. Consider: Request for variance from Ordinance No. 160-A
Ann Russell.
9. Consider: Resolution 82-3. Inclement Weather Policy.
Johnny `'Vesterholm.
10. Consider: Bills for Approval.
I hereby certify that the above agenda was posted on the bulletin board
and on the front door in City Hall, 667 North C rro11 Avenue, Southlake,
Texas, on Friday, February 26,1982 at 4 p.m.
City Secretary
t
DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter
referred to as Southlake or City, and the undersigned N CREEKS Developer,
hereinafter referred to as Developer, of
Addition to the City of Southlake, Tarrant County, Texas, for the
installation of certain community facilities located therein, and
to provide city services thereto.
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. The City of Southlake will withhold all building permits
for said lots or parcels until completion and acceptance of
useable increments of all facilities listed in this agree-
ment. All subgrade of streets must be completed prior to
the issuance of any building permits.
C. All of the facilities listed in Paragraph II of this agree-
ment will be constructed within three (3) years from the
date of the signing of this agreement by the City of
Southlake and the Developer. Before work is commenced,
a Developer's Completion Bond will be furnished to the City
of Southlake in its favor for an amount equal to the value
of the construction of the facilities listed herein and such
bond will be forfeited should the Developer default on any of
the articles of this agreement as they relate to the
facilities to be constructed by Developer.
D. In lieu of a Completion Bond being furnished to the City
under Paragraph C above, Developer may present to City
an irrevocable Letter of Credit from a state or national
banking, or other lending, institution guaranteeing and
agreeing to pay an amount equal to 110% of the value of
the construction cost of all of the facilities to be
constructed by Developer, and providing for payment to City
of such amounts, up to the total of the Letter of Credit,
for any amounts required to complete any portion or the
whole of the facilities to be installed by Developer
in the said Twin Creeks Addition. Such Letter
of Credit must provide for payment or release of such monies
as set forth in the Letter of Credit upon the written reques
of the City, by and through its Mayor, attested to by the
City Secretary. A sample Letter of Credit, which is
acceptable to City is attached to this agreement as
Exhibit "B". Further, in the event that Developer elects
to comply with Paragraph I. C. hereof by furnishing City
with a Letter of Credit in lieu of a Completion Bond, such
Letter of Credit shall be for a term of forty-two (42)
months from and after the date of signing of this agreement,
as evidenced by the date appearing hereon.
E. Prior to any work being commenced in the said subdivision,
Developer shall furnish either a Maintenance Bond in favor
of the City of Sothlake, or place an escrow deposit with
said City, with the Maintenance Bond, or escrow deposit,
to be in an amount equal to thirteen (13%) percent of the
total cost of all facilities installed by Developer and whi h
said Maintenance Bond, or escrow deposit, shall remain in
effect for a period of one year from and after the completion
of all facilities to be constructed under this agreement
or pursuant to City ordinances and construction codes for
new subdivisions and shall cover such facilities against
defects in materials and/or reconstruction thereof. In the
event that Developer elects to place an escrow deposit with
City, such deposit shall be considered complete when funds
in the amount required hereunder are either deposited
directly with City for further deposit by City into an eser A
account for Developer or by delivery to City of a CertificaLe
of Deposit or Money Market Certificate made payable solely
to City in the required amount. All interest paid on
any escrow deposit, Certificate of Deposit, or Money Market
Certificate shall be paid or refunded to Developer
at the expiration of the one year period set forth above, a
the same time that the remaining funds being held or refund
are released to Developer. Further, if City should be
required to expend any funds or obtain work upon the facili+j
installed by Developer, within the said one year period, Ci 5
shall be entitled to charge the said escrow deposit, Certif..-
cate of Deposit, or Money Market Certificate accordingly
and City shall thereafter provide Developer with an
accounting of all funds or amounts deducted therefrom.
Developer may request that the escrow funds be deposited
into a particular type of account or placed in a particular
type of certificate so as to enable Developer to earn inter
on such amount at as high a rate as possible. However, City
shall in no way be liable to Developer for any failure
to invest such escrow deposit in any such account or certif
cate and shall not be liable to Developer for any losses
as a result of such funds being placed in an account or
certificate at a lower rate of interest that might otherwis
be obtainable.
F. Until the Completion Bond or Letter or Credit required in C
and D, hereof, and the Maintenance Bond, or escrow deposit
required in E, hereof, have been furnished as required, no
approval of work on or in the subdivision shall be given by
City and no work shall be initiated on or in said subdivisi
by the Developer.
G. 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 hereof. It is further understood and agreed that unti_
the City accepts such improvements, City shall have no
liability or responsibility in connection with any such
facilities. Ac,:•eptance of the facilities for this provision
and for the entire agreement shall occur at such time that
City, through its Mayor or Building Official, provides
Developer with a written acknowledgement that all facilities
are complete, have been inspected and approved and are being
accepted by the City.
H. On all facilities included in this agreement for which
Developer awards his own construction contract, the Developer
agrees to the following procedure:
1. To employ a construction contractor who is approved by
the City and is qualified in all respects to bid on public
projects of similar nature.
2. To secure approval by the City of any and all final
payments to the contractor. Said approval is made in accor-
dance withthe requirements of this agreement and is not to
constitute approval of the qualities on which payment is
based.
3. 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 satisfact:
of and accepted by the City.
1. The Developer will mow all grass and weeds and otherwise
maintain the aesthetics of all land and lots in said
subdivision which have not been sold to third parties.
Should the Developer fail in this responsibility, the City
may contract for this service and bill the Developer for
the costs, which amount shall become a lien upon all real
property of the subdivision not previously conveyed to
third parties.
J. Any Letter of Credit submitted by Developer on a form other
than one which has previously been approved by the City as
"acceptable" shall bs submitted to the City Attorney for
City and this Agreement shall not be considered in effect
until such City Attorney has approved the said Letter of
Credit.
K. 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 Mayor 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.
II. FACILITIES:
A. ON-SITE WATER:
1. The Developer hereby agrees to install water facilities
to service lots as shown on the final plat of the
Twin Creeks Addition to the City of Southlake. Water
facilities shall include 6" water lines able to support
fire hydrants and fire hydrant installation. These are to
be installed within a 500' radius. These 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 at its own cost and in accordance with Ordinance
No. 170.
2. It is further agreed and understood that Developer
shall be responsible for all construction costs, materials,
and engineering and all costs incurred by Developer in
Paragraph I. C and D, hereof.
3. Developer hereby agrees to construct the necessary draina t
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 Council of
City, and made part of the final plat as approved by the
City Council.. The Developer further agrees:
a. No work will begin on any street included herein prier
to complying with all bonding requirements as set, forth
in this agreement. The paving constrictor shall furnish
to City proof of satisfactory coverage of insurance in
accordance with City's standard requirements for a Contrac'(
or Developer doing work in or for the City.
B. "Standard Subdivision, Paved Street, Estate Type", means a
two-lane street with drainage ditches on each side. The
street shall have a crown height or depth of six to eight inch-
(6" to 8") and a crown width of thirty-six feet (36') which
shall include a twenty-six foot (261) wide and eight inches
(8") deep compacted gravel base with a twenty-four foot (24')
wide surface treatment in the center of the said gravel.
base. The surface treatment in the center of the said gravel
base. The surface treatment shall be a double course of hot
asphalt penetration or one and one-half inch (lg") of hot pld.nL
mix asphalt. Core samples must be made by the developer
at his expense. Exhibit "A" attached hereto and for all
purposes made part hereof sets forth the requirements for a
"Standard Subdivision, Paved Street, Estate Type".
C. The Developer will be responsible for the installation of
street signs designating the names of the streets inside the
subdivision, said signs to be of a type, size, color and
design approved by the City.
D. All street improvements will be subject to inspection and
approval by the City of Southlake.
III. SANITARY SEWERS: (Septic System)
A. It is understood and agreed that Septic Disposal facilities
shall be constructed on each lot by the lot purchaser or
builder in such a manner as to comply with all minimum
requirements of the following: Health Department of any
Federal Agency of Tarrant County, Texas; State Departemnt of
Health; Texas Water Quality Board of the State of Texas, and
the City of Southlake, Texas, including any applicable City
Ordinance concerning Septic Disposal facilities.
B. Each lot within a subdivision must have an individual percolation
test, performed by a Registered Sanitarian and presented to
the City before building permits can be issued.
SIGNED AND EFFECTIVE on the date last set forth below.
By : o / -L
i. -70
Date:
CITY OF SOUTHLAKE, TEXAS
By: Mayor Pro Tem
ATTEST-
City Secretary
Date
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EXHIBIT "B"
Date:
IRREVOCABLE LETTER OF CREDIT
NUMBER
TO: City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
RE: (Development or Subdivision Title)
City of Southlake
County, Texas
Gentlemen:
We hereby authorize you to draw on us for account of
, up to the aggregate amount of
available by your drafts at three (3) days after sight. Drafts drawn
hereunder must either (a) be signed in the manner set out in (1) below or
(b) be signed on behalf of the City of Southlake and be accompanied by
the certificate set out in (2) below.
(1) The form of signature for drafts drawn under method (a)
is as follows:
"City of Southlake"
By
Mayor
and "Developer"
By
Title
(2) Drafts signed only on behalf of the City of Southlake shall
be accompanied by the following certificate:
Mayor of the City of Southlake, and
, City Secretary of the City of
Southlake, Texas.
" Resolved that performance by
under its Developer's Agreement has been unsatisfactory and
that the City of Southlake, Texas is entitled under its
agreement with to draw on Letter of
Credit No. issued by the
in the sum of $ and a draft in such sum shall
be drawn and presented to for payment,
with a certificate of this resolution attached."
EXHIBIT "B" CONTINUED
Date:
Secretary of the City of Mayor of the City of
Southlake Southlake
Drafts drawn under this Letter of Credit must recite that they are drawn
under Letter of Credit No. , and must be presented to drawee
not later than Amounts drawn hereunder must be
noted on the reverse side of this letter.
This Letter of Credit applies only to the Developer of the above referencE
subdivision.
Very truly yours,
By:
Title
CITY OF SOUTHLAKE BILLS FOR APPROVAL CITY COUNCIL
MARCH 2,1982
TO WHOM FOR AMOUNT PAID
Lone Star Gas Company 145.16
Dian Bell deed filings 25.00
Circle Communications police and fire radios 194.88
City of Grapevine ambulance 465.00
Pitney Bowes copier 129.95
Barbers Book Store copy of criminal code 11.63
TML worker's compensation 426.00
Smith, Smith and Rake 3 months billing 1,215.00
Carter and Burgess,Inc. 184.67
Revenue Sharing Advisory subscription 55.00
General Telephone 497.35
X-Press Printing traffic tickets/printi 1,150.65
Group Life and Health insurance 65.20
General Office Supply miscellaneous 190.68
Blue Cross/Blue Shield 1,000.84
Grapevine Auto Supply 23.66
Tarrant County Firefighter Assoc. banquet 253.50
Don's Auto Repair mis. fire and police 423.31
Donovan Uniform police 16.25
Inter. Assoc of Chiefs police dues 35.00
Gibson's Products film 15.71
Dallas County laboratory analyses 95.00
The Rohan Company misc. pipe 324.80
Aqua Utility Company misc. pipe 317.20
Metro-Quip,Inc. valves 87.24
Mid-Cities Mix Inc. 66.00
X-Press Printing water bills 271.45
Universal Grapevine pipe 5,942.66
TOTAL............ $ 13,028.79