1972-12-19 CC Packet190
NO. 161-47
AN ORDINANCE AMENDING ORDINANCE NO. 161
OF THE CITY OF SOUTHLAKE,TEXAS BY CHANGING
ZONING CLASSIFICATION OF 362.21 ACRE TRACT
OF LAND OUT OF THE JOHN CHILDRESS SURVEY,
ABSTRACT NO. 253, THE A.A. FREEMAN SURVEY,
ABSTRACT NO. 522, AND THE BENJAMIN J. FOSTER
SURVEY, ABSTRACT NO. 519, ALL SITUATED IN
TARRANT COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE
A PART HEREOF, FROM "A-G AGRICULTURAL DISTRICT"
TO ZONING CLASSIFICATION "PUD PLANNED UNIT
DEVELOPMENT DISTRICT:', PROVIDING FOR CHANGE IN
OFFICIAL ZONING MAP, AND PROVIDING EFFECTIVE
DATE OF AMENDMENT.
WRkEAS, an application to change zoning has been filed and
a public hearing conducted and all other prerequisites complied
with 'g der applicable law concerning a requested change in zoning
classification in connection with the property described on
Exhibit :'A" attached hereto and made a part hereof;t
NOW THEREFORE, Be it ordained by the City Council of the City,.
of Southlake, Texas:k
SECTION 1: The certain ordinance No. 161 passed by the City Council f'
of.the City of Southlake, Texas January 7, 1969, and being the
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Comprehensive Zoning Ordinance" is hereby amended insofar as the
property described on Exhibit "A" attached hereto and made a part j
hereof is hereby changed from the zoning classification of " A-G
AGRICULTURAL DISTRICT" to zoning classification "PUD PLANNED UNIT
DEVELOPMENT DISTRICT" subject to compliance with all matters provided
for and in the development plan and schedule attached hereto and
made a part,hereof as Exhibit "B" and the site plan attached hereto
and made a part hereof as Exhibit "C", such development plan and
development schedule being contained in a 8-1/2 " x 11 twelve page
booklet entitled "TRAIL CREEK" prepared by I B S Architects for i.
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Love-Henry & Associates, Inc. and presented at the public hearing
before the City Council of Southlake, Texas on December 19, 1972
and the site plan being a one page drawing measuring 2 x 3 If
presented at the same December 19, 1972 public hearing and prepared
by the same architects for the same Love-Henry & Associates,Inc.
SECTION 2: The official zoning map created by said Ordinance
No. 161 is hereby amended to include the zoning change made by
this ordinance in connection with the property described on
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Exhibit "A" attached hereto and made a part hereof.
SECTION 3: The';,said ordinance No. 161, except as officially
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amended by prior1,ordinance amendments and this ordinance No.
161-47, remains in effect in all other respects as originally
passed.j
This ordinance shall take effect upon its passage.
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PASSED this 19th _ day of December, 1972.
I
i.or
ATTEST:
Ci'ty Secretary
APPROVED AS TO FORM:
i
i y orney
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P. 0. BOX 15043
FART WORTH, TEXAS 76119 REGISTERED PUBLIC SURVEYORS.
PHONE 293-5694
FIELD NOTES FOR A 362.21 ACRE TRACT OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT
NO. 253, THE A. A. FREEMAN SURVEY. ABSTRACT NO. 522. AND THE BENJAMIN J. FOSTER
SURVEY, ABSTRACT NO. 519, ALL SITUATED IN TARRANT COUNTY, TEXAS, AND BEING A
PORTION OF THE TRACTS CONVEYED TO EDMUND K. MORGAN ETUX BY A DEED OF RECORD IN
VOLUMB 2156, PAGE 158, AND THAT CERTAIN 20 ACRE.TRACT CONVEYED TO D. R. HRANITSKY i.
BY A DEED OF RECORD IN VOLUME 4155, PAGE 360,. OF THE DIED RECORDS, TARRANT COUNT!!,G
TEXAS, AM BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the center of County Road No. 3088, said point being
S. '0° - 04' W. 272.1 feet from the Northeast corner of the said
Childreis Survey, same being the point of beginning of the tract
jdescribedasSecondtract (a) in the above referenced deed recorded
in Volume 2156, Page 158, Deed Records, Tarrant County, Texas, and
from which point an iron pin -in the (lest R.O.W. line of said road bears
S. 890 29' W. 22.0 feet;
THENCE S. 0° - 04' W. 1365.7 feet along the center of said road to a point
for corner from which point an iron pin in the West line of said road.
bears S. 89° - 41' W. 22.0 fact;i
A.TEEM S. 89° - 41' W. 1677.8 feet along a fence to a concrete monument at
the Northwest corner of a 10.53 acre tract conveyed as First tract
to E. H.. Morgan, Jr. stux by a deed of record in Volume 3752, . Page 18..j
of the Deed Records, Tarrant County, Texas;I I
TRKNCE S.. O° - 37' W. at 272.1 feet an iron pin for the Southwest' corner of
the above referenced 10.53 acre tract, same being the Northwest corner it
of a 10.56 ecre tract conveyed as "Second tract" in the above referenced
Dead to E. H. Morgan, Jr. etux in all, 544.2 feet to an iron pin at
the Southwest corner of.tba:'above referenced Second tract, same being
a re-entrant eorner.of the herein described tract;
THENCE N. 89° - 42' E. along the South line of the above-referenced tract at
1661.61 feat an iron pia in the Wi'st line of said road, in all. 1683.6:
feet to a point in the center of said road;
THENCE S. 0° - 04' W. 1668.7 feet along the center of said road, passing that it
Northwest corner of the said Freeman Survey to a point for corner in
the said road;
i~7iTHENCES. 89° - 24' W. 1803.7 feet along said road, and leaving said road
along a fence line to an iron pin at fence. corner;
II,THENCE S. OP-- 43' E. 1734.9 feet to an iron pin in the North R.O.W. line
of said County Road No. 3088;
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THENCE S. 64° • 33' W. 971.6 feet along a fence to an iron pia in the North
line of said road;
TH8NC8 N. 0° - 41' W. 706.6 feet along a fence line to an iron pin At fence
corner;
THENCE N. 89° - 49' W. 1302.6 feet along a fence line to an iron pipe at a I
fence corner, came being the toot Westerly Southwest corner of the k
herein described tract;
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THENCE N. 00 - 35' W. 2647.1 feet to an iron pin at fence corner;
I. O. BOX 15043
FgRT WORTH, TEXAS 76119 REGISTERED PUBLIC SURVEYORS
PHONE 293.5684
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THENCE S. 89° - 58' E. 654.0 feet to an iron pin at a fence corner;"
THENCE" N. 0° 58' E. 1550.4 feet to an iron pin in the West line of the
i 1hereindescribedLraet, said pin being the Southwest corner of ;a
50.0 foot wide road easement;i;,•
THENCE N. 89° - 34' E. 50.0 feet to a concrete monument at the Southwest f;•corner of said Hranitsky 20 acre tract, sane being a re-entrant
corner of the tract herein described;4
THENCE N. 0° 59' E.' 544.8 feet along the East line of said road easement
and a Westerly line of the herein described tract, to a concrete r'
monument;
THENCE continuing N. 0° - 59' E.•544.0 feet to a concrete monument, same
being the Northeast corner of said 50.0 foot wide road easement and
the most Northerly Northwest corner of the herein described tract;
THENCE N. 89° - 33' E. 1598.0 feet to a concrete monument for the-most
Northerly Northeast corner of the herein described tract,, samembeing f
11theNorthwestcornerofa10.•33 acre tract conveyed to William M. j
ttuinn etux by a deed of record in Volume 5061, Page 259, Dead Records,
Tarrant County, Texas;
THENCE S. 1° 03' W. 272.9 feet to an iron pin, same being the Southwest
corner of the above referenced tract;
THENCB N. 89° - 29' E. 1654.6 feet to the P1aCE OF BEGIMdIING and containing j
362.21 acres.
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V4IfrNCE W. 04,%RT i
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RESOLUTION NO. 72-23
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, that:
1.
The terms and provisions of Exhibit "A", attached
hereto, incorporated herein and made a part hereof,be and are hereby approved and adopted as the Per-
sonnel Rules and Regulations for the employees oftheCityofSouthlake.
2.
The provisions of Exhibit "A" shall be binding uponallemployeesoftheCityofSouthlake. This ExhibitA" supersedes all previous Rules and Regulations.
3.
These Rules and Regulations shall be effective im-
mediately upon passage of this Resolution.
PASSED AND APPROVED this --,L- day of
A. D. ID972.
APPROVED:
Mor
ATTEST:
City Secretary
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Reference should be made to the City Organizational Chart.
SECTION 1. AUTHORITY AND ADMINISTRATION
1.1 EFFECTIVE DATE:
1.2 SCOPE. These rules shall apply to and govern all employees of the CityofSouthlake, Texas.
1.3 ADMINISTRATIVE AUTHORITY. With the exception of matters and appointmentsreservedbytheCityCouncilbystatutoryprovisions, general authorityandresponsibilityfortheconductandadministrationofmunicipalaffairsisvestedintheCitySecretary. Final authority, in the form of reviewandapproval, is reserved by the City Council where not specificallydelegatedtotheCitySecretaryintheabsenceofaCityManager.
1.4 DEPARTMENTAL ADMINISTRATION OF THESE RULES. Department Heads will beresponsiblefortheproperandeffectiveadministrationoftheserules andpolicieswithintheirrespectivedepartments. Routi&,,,matters and dutiesinconnectiontherewithmaybeassignedtoasubordinateemployee, suchasproperpreparationandhandlingofallrequiredrecords, reports, etc.,within that department.
1.5 AMENDMENTS. The Cith Council may change or amend these rules withinstatutorylimitationswhendeemednecessaryinordertomoreeffectivelyandefficientlypromotetheinterestoftheCityofSouthlake.
SECTION 2. INITIAL EMPLOYMENT INFORMATION AND REQUIREMENTS.
2.1 BASIS OF EMPLOYMENT. All initial employment with the City of Southlakeshallbebasedonmerit, ability, and physical and moral fitness asevidencedby:
2.1-1 Training and experience as reflected by"the application form plusdocumentaryevidenceastocertification, registration, etc., ifrequired.
2.1-2 Mental examination or performance test, if required.
2.1-3 Physical examination, if required.
2.1-4 Character investigation by head of the department.
2.2 RESIDENCE. Other qualifications being equal, applicants who live insidethecorporatelimitsoftheCityofSouthlakeshallbegivenpreferenceforCitypositions.
2.3 NEPOTISM. No person related within the second degree by affinity orwithinthethirddegreeofconsanguinitytotheMayorortoanymemberoftheCityCouncilshallbeappointedtoanyoffice, position, clerkshiporservicetotheCity.
2.3-1 Persons, who are relatives and members of an immediate family shallnotbeappointedtoserviceinpermanentpositionsinthesame
department without specific approval from the City Council.
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2.4 APPLICATIONS: All persons seeking initial employment or reemploymentafteranabsenceofmorethansixmonthswillberequiredtocomplete,sign and submit a standard application form provided by the City ofSouthlake.
2.5 OUTSIDE EMPLOYMENT. Upon the approval of the department head, an employeemayacceptoutsideemploymentprovidedthatsuchactivitydoesnotinterferewithhisefficiencyinregularCityemployment. In no event shall anemployeeholdanoutsidejobthathasanyconflictofinterestwithCityemployment.
STANDARDS OF CONDUCT. The attitude and deportment of a City employee,whether in public or private, should at all times be such as to promotethegoodwillandfavorableattitudeofthepublictowardtheCityAdmini-stration and its programs and policies.
SECTION 3. ATTENDANCE AND ABSENCE
3.1 ACCOUNTING RESPONSIBILITIES.
3.1-1 Department heads are responsible for maintaining complete andaccuraterecordsrelativetoallformsofleave, attendance andabsencefortheiremployeesduetoanycauseandwhetherwithorwithoutpay; proper indications will be made on departmentalpayrollsthecauseofabsence. Department heads must certify bysigningsuchpayroll/attendance records to insure that salary and
wage expenditures stay within budgetary limits.
3.1-2 The City Secretary is responsible to the City Council for certifyingastothecomplianceofdepartmentswiththerequirementsandpoliciesaswellasrulesgoverningvacation, sick leave, etc.
3.2 WAGES AND HOURS.
3.2-1 Wages, salaries and working schedules for various classes andpositionsshallbeingeneralaccordancewiththeprovisions oftheofficialpayplancurrentlyineffectincludingamendmentstheretoandwithinthelimitationsofthefinancialprovisionsofeachdepartmentasapprovedbytheCityCouncilforeachfiscalyear.
3.2-1-1 Annual wages and salaries shall be paid thru 24 pay periods,beginning October 1, 1972.
3.2-2 Overtime work will be performed only on authorization of the depart-ment head with regard to certain positions and departments and totheextentnecessarytomeetessentialoperatingrequirements.Compensations for authorized overtimme~work will be provided in thebudgetorasotherwiseapprovedbytheCityCouncil.
3.2-2-1 Department heads and key personnel. Employees who are
regarded as being on department, assistant or division
head levels shall not be eligible for overtime pay.Employees in this class are expected to work for whateverhoursmaybenecessarytoproperlyperformtheduties
assigned. The salaries for such personnel are determinedandestablishedinaccordancewiththisassumption.
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3.2-2-2 Office Staff. Employees in the office staff (City,Water, etc.) shall not be eligible for overtime paybutshallbegivencompensatorytimeoff.
3.2-2-3 Police Departments. Fire Dept. is voluntary at thistime.) Members of this department shall be paid the
same pay as shift pay as set forth in the budget for
each fiscal year.
3.3 AUTHORITY FOR ABSENCE. No City employee shall be absent from his/herregularlyscheduleddutiesexceptbyauthorityofhisdepartmenthead orotherresponsiblesupervisor. Absences with the reason, therefore, mustbereportedtothedepartmentheadassoonaspossible. All absences forperiodsinexcessoftwoweeksmustbeapprovedbytheCityCouncil.
3.4 SICK LEAVE WITH PAY. Employees in permanent positions will be eliglble forsickleavewithfullpayonthebasisoftenworkingdayswithinafiscal
year subject to the following conditions
3.4-1 Sick leave may not be taken until three months of service has beencompleted.
3.4-2 Sick leave may not accumulate from year to year.
3.4-3 No pay will be authorized for unused sick leave.
3.4-4 Department heads are hereby authorized to make any investigation ofbenefitsclaimedunderthisrulewhichtheydeemnecessaryandtodisapproveanyclaimnotproperlysubstantiated. Any sick periodinexcessofthreeconsecutivedayswillrequireauthorizationby aphysician.
3.4-5 Sick leave of 112 and less of a regular work shift need not be
reported as sick leave nor be reported on payrolls.
3.4-6 Frequent claiming of benefits under this rule will constitutegroundsfortheassumptionbythedepartmentheadthatthephysicalconditionoftheemployeeisbelowthestandardnecessaryforthe
proper performance of his/her duties. Malingering or abuse of thisbenefitwillconstitutegroundsforpromptdismissalordisciplinaryactionbyeitherthedepartmentheadortheCityCouncil.
3.5 VACATION. An employee in a permanent position will be eligible for vacationbenefitseitherastimeoffwithpayorasterminalpayincaseofseparationfromCityemploymentingoodstanding.
3.5-1 Permanent salaried employees shall be granted ten days paid vacationeachyearusingacalculationdateofJanuary1ofeachyear.Employees shall be granted vacation leave equal to one half day for
each month worked prior to January 1. Employees who have served theCityof'Southlake for ten consecutive years shall be granted 15
work days paid vacation each year.
3.5-2 Vacations shall be taken at a time approved by the department head.
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3.5-3 No vacation benefits will be earned by temporary or part-timepersonnel.
3.6 EMERGENCY LEAVE WITH PAY. Department heads may grant emergency leave withpaynottoexceedthreeworkingdaystoemployeeswhohavecompletedatleastthreemonthsofcontinuousserviceincaseofdeathofamemberoftheemployee's family or person related to such employee not more distantlythanauntoruncle.
3.7 MILITARY LEAVE WITH PAY. A permanent employee who is a member of theNationalGuardoranyreservecomponentoftheArmedForcesoftheUnitedStates, when so ordered by the proper authority, shall be entitled to aleaveofabsencewithpayduringanyperiodwhenheshallbeengagedinfieldtrainingorencampment, or when ordered to duty with troops for fieldexercisesorinstructions, and not to exceed ten days during any onecalendart:year.
3.8 HOLIDAYS. The following holidays are officially declared and designatedtobeobservedwithpaybyallCityemployeesoccupyingpermanentpositions,and subject to the revisions and limitations hereinafter set forth: NewYear's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving DayandChristmasDay.
3.8-1 When any designated holiday shall fall on Saturday or Sunday, theprecedingorfollowing"business day will be observed.
3.8-2 Department heads shall specifically authorize the observance of
any holiday above named and may revoke or restrict the observanceofsameinordertoprovidenecessaryfunctionsandservicesbytheirdepartments.
3.8-3 No overtime pay or extra pay will be authorized for employees who
may be required to work on a designated holiday, but such employeesmaybeallowedcorrespondingtimeoffwithpayaddedtovacationtimeallowed. Credit for unused holidays may not carry over intothefollowingcalendaryearexceptwheretheholidayshavecomeaftertheemployee's regular vacation.
3.9 OTHER FORMS OF LEAVE.
3.9-1 Attendance of seminars, schools, etc., will be with pay togetherwithnecessarytravelandexpenseallowanceonapprovalofthe
City Council where such attendance improves the employee'sefficiencyandisconsideredbeneficialtothe-interest of the City.
3.9-2 Jury and Court Service may be permitted absence with pay.
SECTION 4. ADMINISTRATIVE POLICIES
4.1 DEPARTMENT HEADS TO ENFORCE DISCIPLINE. Department Heads will be chargedwiththeresponsibilityofenforcingandmaintainingproperstandardsof
discipline in personal conduct among their employees, and are vested with
discretionary authority to practice the following suggested forms and
sequence or remedial measures incident to the enforcement and observanceoftheserules, or of any of the operating rules of their departments:
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4.1-1 Seriously calling the attention of an employee to any unsatisfactoryconductinperformanceofduty.
4.1-2 Personal reprimand of the employee.
4.1-3 Suspension of the employee without pay for an appropriate periodsubjecttoreviewandapprovalbytheCityCouncil, if requested,and as provided for under Sub-Section 4.3.
4.1-4 Demotion of an employee to a position of lower classification, asprovidedunderSub-Section 4.4.
4.1-5 Dismissal of an employee, including disapproval of terminal pay orunusedvacation, as provided under Section 3.5 of these rules.
4.2 SPECIFIC GROUNDS FOR DISMISSAL. Any of the acts of conduct on the part ofanemployeewillconstitutespecialgroundsforpromptdismissalbytheCityCouncilwhenrecommendedbytheDepartmentHead.
4.2-1 Conviction under a felony charge.
4.2-2 Repeated convictions during service on misdemeanor and/or trafficcharges.
4.2-3 Use of intoxicants or drugs while on duty, or repeated off-dutyintoxicationoruseofdrugs, whether or not legally convicted of
same.
4.2-4 Flagrant or persistent insubordination.
4.2-5 Conduct subversive to the proper order, discipline and morale oftheminicipalservice.
4.2-6 Inciting or engaging in strikes or riots.
4.2-7 Misappropriation or unauthorized use of City tools, equipment,machines, funds', etc.
4.2-8 Incompetence or repeated neglect of duty.
4.2=9 Repeated failure or neglect to meet credit obligations particularlyopenaccounts.
4.2-10 Unauthorized absence from duty without explanation.
4.3 DISCIPLINARY SUSPENSIONS. Under justifiable circumstances, the CitySecretaryorDepartmentHead, subject to review by the City Council, if
requested, may suspend an employee without pay for a period not to exceedthirtydays. Such circumstances causing the need for disciplinarysuspensionoccurringwithinthreeyearswillconstitutegroundsfor dis-missal. A law violation may be grounds for suspension without pay untilthechargeisdismissedoradecisionsettlingthecaseisrendered. Averdictof "not guilty" will make the suspended employee.eligible forreinstatementuponapprovalbytheCityCouncil.
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SECTION 6. DEFINITIONS:
1.1 An employee is one who is employed on a full-time basis at the rate offortyhoursperweek, receiving remuneration from the City for such work,except independent contractors.
1.2 A part-time employee is one who is employed by the City for less than theaboveprescribedfortyhoursperweek.
1.3 A temporary employee is one who is employed for a specific job whoseemploymentterminatesuponcompletionofsuchspecificjob.
1.4 The City Secretary is eligible for the same benefits as an "employee."
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4.4 DEMOTIONS. Subject to review and approval by the City Council, DepartmentHeadsarevestedwithdiscretionaryauthoritytodemoteemployeesto_Aowerjobclassificationsfordisciplinarypurposesor, further, abolishment ofthejobduetolackofworkorfunds. This latter reason shall be withoutprejudiceandsuchemployeewillbeeligibleforpreferentialconsiderationuponreinstatementofthejob.)
4.5 TERMINATION RULES AND REQUIREMENTS. To resign in good standing, employeesinpermanentpositionssbouldgiveatleasttwoweeksnoticeoftheirintentions. Failure to do so will jeopardize receiving terminal pay in theformofanyunusedvacationpayduesuchemployee. All terminating employeeswillberequiredtosurrenderandreturntotheirdepartmentallrecordsand/or property of the City of Southlake which may be in their possession orcustody. Supplemental payrolls to issue paychecks for terminating employeeswillnotbepermittedexceptinthecaseofextenuatingcircumstancesrecommendedbytheDepartmentHeadtotheCitySecretary.
4.6 PROMOTIONS. Promotions will be filled by qualified employees in lower jobclassificationsasmaybeconsistentwiththebestinterestoftheCity.
4.7, COMPLAINTS AND GRIEVANCES. It shall be the general policy of the City ofSouthlaketoanticipateandavoidoccurrenceofvalidcomplaintsorgriev-ances and to deal promptly with any which may arise. Except where thereisanacceptablereasonfornotdoingso, all matters of this nature willbehandledandtransmittedthrusuperiorsasfollows:
Immediate superior (Sgt., Clief Dispatcher, etc.)Department Head
City Secretary
Each of the above will attempt to adjust the matter on a basis satisfactorytotheDepartmentHead. If necessary, the Department Head may submit theproblemtothenextinauthority. Still failing a satisfactory adjustment,the Department Head must submit a report setting out all information to theCityCounciltogetherwithhisrecommendationsandrecommendationsoftheCitySecretary, if any. Upon a final decision made by the City Council, suchwillbebindingonallconcerned.
iSECTION5.FRINGE BENEFITS
5.1 Group Hospitalization Insurance for employees paid in full by the City ofSouthlake.
5.1-1 Members of employees families may have coverage if paid for by theemployee.
5.1-2 A new employee is eligible for coverage after thirty days employment.
5.1-3 Employees not wanting coverage must sign a standard waiver form.
5.2 Social Security (later)
5.3 Retirement Plan of the Texas Municipal Retirement System (later)