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1973-02-20 CC Packet32 RESOLUTION NO. 73-6 WHEREAS, the Trail Creek-Phase I is to be developed within the City of Southlake, Texas; And, WHEREAS, it is necessary for the proper development of Trail Creek- Phase I to have an agreement with the City of Southlake regarding the community facilities; Now, PHEREFORE, BE !T RESOLVED BY THE CT-m-y C_)F THE CITY OF SOUTHLAKE, THAT: The Mayor is hereby authorized to sign the Trail Creek-Phase I Community Facilities Agreement between the City of Southlake and Metroplex Properties attached hereto and made a part hereof. PASSED AND APPROVED THIS 20th day of February, 1973. t APPROVED: 1 Mayor 1 ATTEST: City Secretary TRAIL CREEK - PHASE I COMMUNITY FACILITIES AGREEMENT FEBRUARY 20, 1973 n agreement between the City of Southlake (the City) and Metroplex Properties, Inc., the Developer) for the installation of certain community facilities within and to service rail Creek Phase I, an addition to the City of Southlake, Tarrant County, Texas. uch facilities to include: I. WATER SYSTEM FACILITIES : A. OFF-SITE WATER - Metroplex Properties, Inc. the Developer and the City of Southlake hereby agree to install an 8-inch water line, with all appurte- nances, to service Trail Creek - Phase I, in accordance with plans and specifications to be prepared by the City. Said 8-inch water line shall be connected to the existing City water system, in a manner approved by the City, at the intersection of W. Highland Street and Shady Oaks Drive and extended to the west parallel to the existing 3-inch water line and within the existing water easement for said 3-inch water line to N. Peytonville Avenue, a distance of approximately 2,700 feet. The 8-inch water line will then extend north in the right-of-way of N. Peytonville Avenue to the north line of Trail Creek - Phase I, a distance of approximately 2,160 feet. The City will install said water line, and the Developer agrees to reimburse the City I of costs to North edge of property, and the City agrees to have lines in within 1 year. B . ON-SITE WATER - Metroplek Properties, Inc., the Developer, hereby agrees to install water facilities to service all lots shown on the final plat for Trail Creek - Phase I, an addition to the City of Southlake. These facilities shall be installed in accordance with plans and specifications to be prepared by the Developer's engineers and approved by the City. Further, the Developer agrees to complete these facilities at his own expense and in accordance with all provisions of Ordinance No. 170, within five (5) years from the date of execution of this agreement with the exception that the City hereby approves use of class 160 PVC pipe. C. Prior to commencing work, the Contractor to whom the Developer awards the contract for on-.site water system facilities shall furnish to the City Secretary a Maintenance Bond in favor of the City of Southlake covering the facilities to be constructed against defects in materials and/or workmanship for a period of one (1) year after the completion of the facilities and their acceptance by the City. The Contractor may, at his option, post a "Blanket Maintenance Bond" in the amount of Ten Thousand Dollars ($10,000.00) with the City Secretary in favor of the-City of Southlake covering all water facilities con- structed by him in the City against defects in materials and/or workmanship for a period of one (1) year after acceptance by the City. The Contractor shall also furnish to the City a Performance Bond and a Payment Bond in an amount equal to one hundred percent (100%) of the contract price conditioned accordance with the standards established by the City of Southlake. 5. Street pavement facilities shall consist of a concrete curb and gutter or mountable curb, six (6) inches of compacted gravel and two (2) inches of hot-mix asphaltic concrete with an 18" curb and gutter or mountable curb. The minium right-of-way for streets in Trail Creek - Phase I shall be 50 feet and the minum paved width shall be as follows: I a. Silk Stocking Circle - 30 feet.b. Post Oak Trail - from N. Peytonville Ave. to the proposed street providing access to the west - 30 feet.c. Post Oak Trail - from the proposed street providing access to the west to thecul-de-sac on Post Oak Trail -30 feet.d. Cut-de-sac's - 80 feet diameter.t 6. No work shall begin on any street facility included herein prior to the Contractor's execution and delivery of a one (1) year Maintenacne Bond to the City Secretary in favor of the City of Southlake for the repair and/or reconstruction in whole or in part for all defects in materialand/ or workmanship for the streets included herein. Said Maintenance Bond shall be in effect for a period of one (1) year after acceptance of the work by the City. The Surety will be a surety complany duly authorized to do business in the State of Texas and acceptable to the City Council. The Contractor shall also furnish to the City a Performance Bond and Payment Bond in an amount equal to one hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials to the project. The Contractor shall furnish to the City satisfactory carriage of insurance in accordance with theCity's standard requirements of con-tractors doing work for the City.7. All street and drainage facilities shall be subject to inspection and approval by the City of Southlake.III. 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 . It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Southlake, and the Developer here-by relinquishes any right, title or interest in and to said facilities or any part thereof. upon the faithful performance of the contract and upon payment of all persons supplying labor or materials to the project. The Contractor shall also furnish to the City satisfactory carriage of insurance in accordance with the City's standard requirements of contractors doing work for the City. D. The City of Southlake hereby agrees to: 1. Assist in the acquisition of any additionally required right-of-way. 2. Permit Metroplex Properties, Inc., one connection to the existing water system without charge. t 3. Provide inspection of the materials and workmanship performed in the construction of said water facilities and, in particular, the testing of the completed water facilities prior to acceptance. E. Upon completion and acceptance of the aforementioned water facilities, the t City shall own, operate, and maintain the said water facilities, subject to the applicable maintenace agreement and bonds in connection therewith. STREET AND DRAINAGE FACILITIES A. Metroplex Properties, Inc., the Developer, hereby agrees to construct Post Oak Trail and Silk Stocking Circle in accordance with the geometric layout as indicated on the final plat for Trail Creek - Phase I, an addition to the City of Southlake, and for the total limits of the layout of these streets within said addition. The necessary drainage facilities shall be provided in these streets and as necessary within the addition. No drainage facilities shall be con- structed which would, in the City's opinion, have an adverse effect upon the property adjacent to this development. The construction of these street and drainage facilities shall be in strict accordance with the plans and specifi- cations to be prepared by the Developer's engineers and approved by the City. Further, Metroplex Properties, Inc. , agrees to complete this construction, at its own expense within five (5) years from the date of execution of this agreement and in accordance with the following: 1. Street lights shall be installed by the Developer with the Developer responsible for electricity cost until accepted by the City. The size, type, and location of these street lights shall be approved by the City prior to installation. 2. No construction shall begin on the permanent street facilities within the limits of any of the streets included herein prior to the installation of all underground utilities including service lines. 3. All utility lines shall be placed underground. 4. Street identification signs shall be installed at all street intersections within this addition at the expense of the Developer and shall be in i 2- C. On all facilities included in this agreement for which the 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 a similar nature. 2. To require the contractor to furnish to the City, Payment, Performance and Maintenance Bonds in the name of the City for one hundred percent 100%) or of the amount specified previously, of the contract price of the facility, said bonds to be furnished rior to the commencement of work. 3. To secure approval by the City of any and all partial and final payments to the Contractor. Said approval is made in accordance with the require- ment of this agreement and is not to constitute approval of the quantities on which payment is based. 4. To delay connection of building to service lines of water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of the City. D. It is further agreed and understood by the parties hereto that building per- mits for permanent dwelling structures within Trail Creek - Phase I shall not be issued until a minium of seventy-five percent (75%) of the permanent street facilities outlined in this agreement have been constructed in accord- ance with the provisions of this agreement (75% to mean curbs and compacted sub-base). E. It is further agreed and understood by the parties hereto that no certifi- cates of occupancy will be issued for any permanent dwelling in Trail Creek - Phase I until all provisions of this agreement have been complied with. METROPLEX PROPERTIES, INC. By 4~ 4t CI OF SOUTHLAKE TEST:to By 0 City Secretary Mayor 4- 33 CITY OF SOUTHLAKE, TEXAS PLANNING AND ZONING COMMISSION February 19, 1973 RE: ZA-72-12 - Trail Creek Phase I TO THE HON. MAYOR & COUNCIL: Gentlemen: At the regular meeting of the Planning & Zoning Commission held Tuesday, February 13, 1973, Charles Pennington moved that the Final Plat of Trail Creek-Phase I be accepted with reservations noted in Bart Bradford's letter attached hereto,(with Item 5 excepted); seconded by James Harrell. Motion carried unanimously. Present for the Commission: R. W. Mussina, Chairman Lloyd Wolf, Acting Secretary James Hrrell, Manuel Gonzalez Charles Pennington Nate Hight C. M. Gordon 1 1 I s~: CARTER & BURGESS, INC. ENGINEERS O PLANNERS 1100 MACON STREET/FORT WORTH, TEXAS 761021AREA CODE 817 335.2611 February 13, 1973 Mrs. Aliceanne Wallace, City Secretary City of Southlake P. 0. Box 868 Southlake, Texas 76051 Reference: Review of Final Plat - Trail Creek Dear Mrs. Wallace: We have reviewed the final plat on the Trail Creek Addition and find that everything is in order and would recommend to the Planning Commission and City Council its adoption contingent on the following points: 1. A 32-foot side and/or rear building line be established on Lots 1, 2, 4, 5, 7 and 8, Block 2. 2. Flood easement based on 100 year flood elevation be established on Lots 4, 5 and 6, Block 1 and 13, 14, 15 and 16, Block 2. Respectfully sub ted, TE B S INC. Bart S. Bradf rd, A.S.L.A. BSB/pc 34 RESOLUTION NO. 73-3 WHEREAS, the City Council of the City of Southlake did cause to have published notice of acceptance of bids for the con- struction of a 500,000 gallon overhead water storage tank; And WHEREAS, the construction of said overhead water storage tank was called for in the 1972 Bond Election for Expansion and Im- provement of the Water System; And WHEREAS, the opening of bids submitted was duly held at City Hall in Southake February 8, 1973, at 2 P.M.; And WHEREAS, three bids were submitted as follows: Universal Tank& Iron Works: 112,600 Chicago Bridge & Iron: 116,185 Pittsburgh-DesMoines: 122, 190; And WHEREAS, the engineers of Carter & Burgess Inc., engineering firm employed by the CityofSouthlake, have analyzed these bids, and recommend that the bid of Chicago Bridge & Iron be accepted on the basis of completingconstructionintheleastnamberofdaysand on the basis that the bid complied in all waystothespecificationscalledfor; Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WHE CITY OF SOUTHLAKE, TEXAS, THAT 1. Chicago Bridge & Iron Company be awarded the contract for the construction of the 500,000 gallon overhead water storage tanktobelocatedatWellSite #2 in the City of Southlake, Texas,at a cost of $116,185.00 to be completed in 190 consecutive calendar days commencing ten days from the date of the letter from Carter & Burgess, Inc., advising them of the award of this contract. PASSED AND APPROVED this 20th day of February, 1973.1 Z~11TTEST:Mayor City Secretary 35 RESOLUTION.NO. 73-4 1 WHEREAS, the City of Southlake and Real-Tex Enterprises, Inc., entered into a Community Facilities Agreement for the proper develop- ment of Dove Estates, an addition to the City of Southlake, Texas; And WHEREAS, Paragraph V of said Agreement en- titled "Sewers" sets forth certain minimum requirements; Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT Paragraph V entitled "Sewers" bf the Revised community' Faci- lities Agreement y an agreement between the City o Sout ake and Real-Tex Enterprises, Inc., be and the same is hereby amended to read as follows: It is understood and agreed that sewer facilities shall be constructed in such a manner as to comply with all and any applicable City ordinances con- cerning sewer facilities." PASSED AND APPROVED this oZO day of February, 1973. Mayor ATTEST,: City Secretary f, t RESOLUTION NO. 73-5 i WHEREAS, pursuant to the provisions of Title 28, Chapter 2, of the Revised Civil Statutes of Texas, it is provided that there shall be held in each municipality of the State of Texas on the first Saturday of April of each year a general election for the purpose of electing officers of said muni- cipality; Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. The City Council of the City of Southlake, Texas, at a regularmeetingheldthisdatedoesherebyorderanelectionofofficers of the City of Southlake to be held on Saturday, April 7, 1973, for the purpose of electing a Mayor for the term of two years, and three t Councilmen, two for the term of two years and one to-fill the unex- pired term, from April 7, 1973 or until their successors are dulyelectedandqualified. Candidates for Mayor and Councilmen for Place d and Place 2 receiving the highest number of votes for such office and such places shall be elected for a term.of two years,and Councilman for Place 3 receiving the highest number of votes shall be elected for the unexpired term. 2. For the purpose of said election, the entire City of Southlake is hereby constituted'one voting precinct and said election shall be held at one polling place, to-wit: City Hall, 667 North Carroll Avenue, between the hours of 7:00 A.M. and 7:00 P.M. on the afore- mentioned date, and the following persons are hereby appointed as election officers. Elsie McAlister, Presiding Judge dames Winfrey, Alternate Presiding Judge and the Presiding Judge at such election shall appoint no more than three clerks,,with the rate of pay for the Presiding Judge at $2.00 an hour and a like amount for the Alternate Presiding Judge; and the rate of pay for the clerks fixed at $1.50 per hour. 3. No person shall be eligible for the office of Mayor unless he is a qualified elector of the City of Southlake and has resided in the City for one year next preceding the election at which he is elected, and No person.shall be eligible for the office of Council- man unless he is a qualified elector of the City of Southlake and has resided in the City for six months next preceding the election at which he is elected. 4. Any eligible and qualified person may have his name printed upon the official ballot as an independent for the offices,herein--'_ provided for by filing his sworn application with the Mayor not later than midnight March 7, 1973. The application shall state the specific office being sought by the applicant and that the applicant is eligible and qualified under the Laws of the State of Texas, to become a candidate for and hold the office being sought, if elected. 37 5. Any other candidate for either of the offices herein providedformayhavehisnameprinteduponthesaidballotonapplicationtotheMayor, such application to be furnished by the City Secre-tary and the same contain the signatures 66 five per cent 5%) ofthequalifiedvotersoftheCityoftheentirevotescastintheCityatthelastgeneralelection. 6. The names of all those who have filed their sworn applicationtohavetheirnamesprintedontheofficialballotascandidatesshallbepostedbytheCitySecretaryinaconspicuousplaceatherofficefortheinspectionofthepublicforatleasttendaysbe-fore she orders the ballots to be printed. All objections shallbemadewithinfivedaysaftersuchposting, all written noticesfiledwiththeCitySecretarysettingforththegroundsofobjec-tions. In case no such objection is filed within the time pres-cribed the regularity or validity of the application of no personwhosenameissoposted, shall not thereafter be contested. TheCitySecretaryshallpreserveinherofficeforaperiodoftwo years all applications, notices of objections and other related matters. 7. Any person eligible to the offices herein provided for whohasfiledhisswornapplicationinaccordancewiththeprovisionsofthisresolutionshallhavehisnameprintedonthe. official ballots. Any such person may cause his name to be withdrawn at any time before the official ballots are printed, by filing in writing with the City Secretary a request to that effect over hissignature, duly attested to by a Notary Public. No name so with- drawn shall be printed on the ballots. Not later than ten daysbeforetheCityGeneralElection, the City Secretary shall have the official ballots printed. 8. The ballots to be used in said election shall be prepared inthemannerandformintheelectioncodeoftheStateofTexas. 9. Voting by absentee ballot in said election shall commence on March 19, 1973, at the office of the City Secretary, 667 NorthCarrollAvenue; voting by absentee ballot shall close at five o'clock P.M., April 3, 1973. 10. The election officers above named shall make and deliver the returns of said election in triplicate, one being retained by the Presiding Judge, one delivered to the Mayor of the City and one copy with ballot boxes and all election supplies shall be delivered to the City Secretary of the City, the ballot box containing the signature stubs from ballots used in said election shall be de- livered to the District Court of Tarrant County, Texas, and other ballot boxes and election records and supplies shall be preservedbytheCitySecretaryintheproperofficeasbylawprovided. The The City Council will meet at 7:30 P.M. on April 9, 1973, for the purpose of canvassing said ballots. The Mayor is hereby dir~ted to.give notice of said election which shall be signed by the_ Mayor and City Secretary and shall state 38 the purpose of the election,.and the Police Chief shall post a properly executed copy of the election proclamation at the poll-ing place herein provided and two copies at two other public placeswithintheCity. Such notices shall have attached thereto a.certi-fied copy of this resolution. 11. Said election shall be held and conducted in accordance withthelawsoftheStateofTexasfortheholdingofgeneralelectionsforstateandcountyofficesexceptasotherwiseprovidedbyChap-ter 2, Title 28, of the Revised Civil Statutes of Texas. By approving and signing this Resolution, I, Wade Booker, Mayor oftheCityofSouthlake, Texas, officially confirm as my action allmattersrecitedinthisResolutionwhichbylawcomewithinmyjurisdiction. ADOPTED this 20th day of February, A. D. 1973. APPROVED: Mayor ATTEST: M, ool City Secretary t r i 39 I ORDINANCE NO. 196 AN ORDINANCE ORDERING THAT THE QUESTION OF THE ADOPTION OF A ONE PER CENT 11) LOCAL SALES AND USE TAX WITHIN THE CITY OF SOUTH- LMM, TEXAS, BE INCLUDED IN THE REGULAR MUNICIPAL ELECTION TO BE HELD IN THE CITY; DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFORE; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHER PRO- VISIONS RELATING TO SAID ELECTION; AND PROVIDING FOR SEVERABILITY. WHEREAS, Article 1066c, Vernon's Texas Civil Statutes Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62) author-ises the governing body of any city, town or village in Texas to call an election for the purpose of adopting a local sales and use tax within such city, town or village; Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX&S: SECTION 1. That a regular municipal election shall be held in and throug~iout the City of Southlake on the 7th day of April, 1973, at which election thane shall be submitted to the resident qualified voters of said City for their action thereupon, in addition to the election of certain officers for said City, the following propositions: FOR adoption of a one percent 1%) local sales and use tax within the city." AGAINST adoption of a one percent (1%) local sales and use taps within the city." SECTION 2. That said election shall be held at one polling place forallqua. fled voters of said City of Southlake, and the polling place1andpresidingofficersforsaidelectionshallbe, to-wit: POLLING PLACE: City Hall, 667 North Carroll Avenue. PRESIDING OFFICERS: Elsie McAlister, Presiding Judge. James Winfrey, Alternate Presiding Judge. The Presiding Judge at such election shall appoint th~reer clerks. SECTION 3. That said election shall be held in accordance with the CCa rtution and laws of the State of Texas, and all duly qualifiedresidentelectorsoftheCityofSouthlakeshallbequalifiedtovote. 40 SECTION 4. That the ballots of said election shall conform to the requirem®nts of Section 2, Subsection G, of Article 1066c, Vernon's Texas Civil Statutes Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62), and to the requirements of Chapter 6 of the Election Code of the State of Texas, as amended, and the language,to be printed thereon at the bottom of the ballots for the regular municipal election shall include the followings INSTRUCTIONS: Place an IXI in the square beside the statement indicating the way you wish to vote. FOR adoption of a one percent 1%) local sales and use tax within the City. r.r... AGAINST adoption of a one percent 18) local sales and use tax within the City." SECTION S. That election judges and clerks are directed to complyMEXrt~cle 6.06, Election Code of the State of Texas, as amended Section 2 of House Bill 181, Acts 1967, 60th Legislature, Regular Session, Chapter 452, Pages 1026, 1028), which provides that a square shall be placed beside each proposition in which the voter is instructed to place an "X" or other clear mark to indicate the way he wishes to vote; but which also provides that failure of a voter to mark his ballot in strict conformity with the directions on the ballot shall not invalidate the ballot, and the ballot shall be counted if the in- tention of the voter is clearly ascertainable, except where the law expressly prohibits the counting of the ballot. It is specifically provided that the election officers shall not refuse to count a bal- lot because of the voter's having makked his ballot by scratching out the statement of proposition for which he does not wish to vote. SECTION 6. That notice of the election hereby ordered and called MIT fiegiven: a) by publication on the say day of two successive weeks in a newspaper having general circulation within said City of Southlake, the date of the first publication to be at least twenty- one 21) days prior to the date set herein for such election; and b) by posting of such notice at the polling place for such election in the City of Southlake not less than twenty 20) days prior to the date set herein for such. election. It is hereby found and determined that there is no newspaper of general circulation which is published within said City of Southlake; and it is hereby found and determined that the Grapevine Sun, published in Grapevine, Texas, is a newspaper having genera c rcu ation within the City of Southlake, Texas. SECTION 7. If any section, subsection or provision of this ordinance shall be held invalid or unconstitutional by a Court of competent jurisdiction, the portion so hold to be invalid or unconstitutional shall not affect the validity of any other part of this ordinance, which shall remain in full force and effect. PASSED this 20th day of February, 1973. ayor ATTESTS City Secretary APPROVED AS TO FORM: C ty Attorne i~ 42 ORDER AND NOTICE OF ELECTION STATE OF TEXAS COUNTY OF TARRANT ) CITY OF SOUTHLAKE ] I, Wade Booker, Mayor of the City of Southlake, Texas, by virtu,s of the power vested in me by law, do hereby order that an election be held in the City of Southlake, on April 7, 1973, being the first Saturday thereof, for the purpose of electiong the following officers of said City: Mayor - for a term of two years Place 1 Councilman - for a term of two years Place 2 Councilman - for a term of two years Place 3 Councilman - for the unexpired term of one year. And that said election shall submit the question of a 1% city sales and use tax to the qualified voters in addition to the above offices, which proposition will be printed at the bottom of the same ballot. And that said election shall be held at the City Hall, 667 North Carroll Avenue, in said City, and the following named persons are hereby appointed election officers thereof, to-wit: Elsie McAlister, Presiding Judge James Winfrey,— Alternate Judge and that the Presiding Judge shall appoint not more than 3 clerks. And that the Chief of Police is hereby directed and instructed to post a properly executed copy of this order and notice of election at the Southlake City Hall, the place where this election shall be held, and at two other public places within the City. Said notice shall be posted no later than fifteen days before the date of said election. Signed and executed this the 20th day of F bruary, 1973. Wade Boo er, ayor ATTEST:City of Southlake, Texas A iceanne Wallace, City Secretary CITY OF SOUTHLAKE, TEXAS PLANNING AND ZONING COMMISSION February 19 1973 RE: ZA-73-1 Jellico Estates TO THE HON. MAYOR AND CITY COUNCIL: At a regular meeting of the Planning & Zoning Commission held Tuesday, February 13, 1973, C. M. Gordon moved that ZA-73-1, Jellico Estates, be recommended to the City Council for approval in the request for change in zoning from Ag District to A-2 District single family residences with no less than 2,000 square feet of living area); seconded by James Harrell. Motion carried. All commissioners present voting for except Commissioner Hight who voted against.) Present for the Commission: R. W. Mussina, Chairman Lloyd Wolf, Acting Secretary James Harrell Manuel Gonzalez Charles Pennington Nate Hight C. M. Gordon