1975-08-05 CC Packetf
BILLS FOR APPROVAL AT COUNCIL MEETING OF AUGUST 5, 1975:
Gulf Oil Prod. Gas)0114 284.56
Lone Star Gas Co. City)Svc. to 7/24/75 2.54
Tri-County Elect. Dove Estates,
Southlake Estates,Trail Creek Addn.)July, 1975 71.05
Grapevine Sun (Legal Notice-City)7/31/75 31.45
Watco Air Cond. City Hall)02781 336.18
Tarrant County (Supplies-City)8/1/75 33.35
White's Auto Store(Grease Gun)8/1/75 8.44
Airport News-Advertiser (Legal Notice) 10724 3.90
Amer.Way.Ins.(Emp.Hosp.)July, 1975 217.50
Pitney Bowes (Rental-Postage Machine)847908 30.00
No.Cen.Tx.Police Academy (W.O.School)10.00
Sa-So (Street Signs)F42907 293.25'
Village Groc. Supplies - P.D.)7/29/75 8.80
Natl.Bldg.Ctr.(Lock - P.D.)103038 10.50
Gen.Telephone (P.D.)8/1/75 25.56
Gen.Telephone (F.D.)8/1/75 35.06
Grapevine Auto Supplies - F.D.)43247 7.06
Gibson's (Supplies - F.D.)19011 6.07
Thomas Rubber Stamp Co. Badge - F.D.) 7/18/75 8.55
Univ.Marine (Reline Water Tank-Unit 3002) #830 407.50
Thompson-Hayward (Chlorine-Water Dept.) 016 007412 120.00
Tex.Pwr & Light (City)Svc. to 7/30/75 233.93'
Tex.Pwr & Light (Water)Svc. to 7/30/75 463.11
The Rohan Co.(Water)18642 & #18740 470.42
Colleyville Fence Co.(Fencing of Carroll ROW)1,699.90
r
10
1
rWILLIAMD. CAMPBELL
ATTORNEY AT LAW
RIVERSIDE STATE BANK SLOG.
P. O. SOX 7254
FORT WORTH. TEXAS 76111
834-7422.
August 19, 1975
City Council
City of Southlake
Re: Lone Star Gas Rate Increase,
Gentlemen:
I have reviewed the proposed ordinance of Lone Star Gas Company in connection
with their pending rate increase application as was requested of me by the
Council at the August 5, 1975 Council meeting.
I met with Mr. Henderson at the Grapevine office and he furnished me available
information plus his own explanation of various features of this rate increase
which were very helpful. I will say Mr. Henderson was objective about it and
answered all the questions I asked.
The new proposed ordinance, as to the legal wording, is not basically different
from the ordinance passed by the Council in January, 1973 and therefore I do not
feel I could make any substantial legal objections to the form of the new
ordinance.
I am attaching an extensive memo concerning the results of my reviewing the records
and discussions with Mr. Henderson in hopesit will be of some assistance, at least
in looking at these matters in the future.
The portion of the proposed ordinance that gave me the most concern was the last
paragraph of Section 1. However, I find this same language to be in the prior
ordinance and from the past history of operations under the ordinance as well as
my conference with Mr. Henderson, it appears that this clause simply covers such
things as new appliance hook up charges, repair services on appliances,etc.
rather than the everyday service charges we find in connection with telephone
service for instance and also the clause does use the term "reasonable charges".
I therefore do not feel we can object to the inclusion of it in tte present
ordinance.
Yours very trul
Wi liam D. Campbell
WDC:mm
OWE
After rerriea~rleeg the 1aef 11 it furnished b -Star Gas ~ in 1#..stothe' :Ci~ :faer reps f0~e and -other Isf irM+~ gainedd rgh rta~iwiji~ wf th
tMatrr. . Needa is 611e 8rapMste 0ffifr of Lone Star gas Comp*. I w*o the fallowing
1 1 so o +Pisear the srvciaarrw vmftl sevrice rate premed in the
p wr+ ret as t"d to the hAUrY 169 1973 rate shm tow Imes r+~~es~tngfreeatthefirst1000dotefeetonuptoatthelastsOftheso0000alcfeetincrementonthegrossbillandfmo28% to arse tho cat bile with the Mrageenthe -gees- bill being acrd the arearae~r an the set b111
11+Mwerer.r*~ thot. t ordi0" 1440 rats i.am Iaecraeasedeareltygote .4har+pe by Rallroa l
of her 4 606ra a increase `haa ris$ late ar t pa 4ad1co11r si e+Ja l97S.Mr.lers a =jb* has ante"" resid"tiol "steel w's bill prior tarIbisaroaeadaadacreoseapplieatitionamMeapartsoaeofthAtr+ete with the proposed rateisan, 11.8 S Increase.
In ether Words the I"""~a to, rate Charge is w being planned into the base
rote and ftr~te heft ON ONY &QVSt"U ear te Srtaral bill will be b ra of dw-Ows in
edge gas cost set by the Railroad Co missions whereas seder the 73 rate ordi o to
ser s a bill a 060 comp ow took the base rate plus the adjustments for Increase in
purchases ofe got time to tires.
t
is'
the question of how tbrr gas coMp"Y Will be strolled on &W auljustmwts is covered
the ordinate by ift"Mrstift the future action of the Rallralad commission as
sari Ora . in the opinion and order anode a part of Lose Starr s sawded rate rllcaties.
VW In Sh*"* Loam Ste`r$ r* were oft them oree a 800% amaty wit their data to the
MAIlMd COMOSslon for AD IacrOOSS err the predess known as "frnrd*W Bas CoatAdJuslimestMO. A city or tonne angst that aoe teagr of $a U If they do itwithin10dabsofthedatesuchstatementisfiledwiththecommission1WLameStar
Us. There is acetic awrowal if no preteaU are filed and the COMMISSION takes no6410" of ar# kind by 10 * after the statement is filed with thm This adjustment
4w
1 is on US pass-tbi h deal rather than 1W% pass*threvo as in the aces of Tri•Cou nty.
S 1 find that the present franchise tau rate with Southlaka and Low Stun Bas is 4%at"e" as far " than rote is concerned it is, I believes the largest petttertage rate of
4 aapt of the utilities.
4. The ordisonce mention a publication "Cowpagyls Rules and Ragwlattions". This is awshortiawrtnM$t card I found that it is basically ret~+~dwCed ea the back of an
arpp~f icat es for service who a a r takes the amrr service and it is not. a lowwiadMddetailofservicesassonof 'the other utilities actually file with the cities
and I found nothing particularly naoaasual in this dealt.
It is cagy "isle" that with the probability of i reagrird State and National control,utility ~i6s will be of to get their tnrantraeaauaI ag~h as favorable to
them as soon as thw M acrd rlloaw aerefteats shad be ce ref lly the ed. I also feel
that It Is aRppa~areaat now that the utility companies started protecting theeutslVol with
saw ihr to their ordinates and rote agreatenets beferr the octal Impact of the
fuel cost prag low really con to light. I weYld 21W that this is nothing but gam
s brmslstst *A*w" on the pan of the util ty dies adthat saah things
are not abaoeed or rased artifiraliy to get "Just rape Ina eases.
1AW
4
r ORDINANCE NO. 161=65
AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE
CITY OF SOUTHLAKE, TEXAS BY CHANGING ZONING
CLASSIFICATION OF 0.641 ACRE TRACT OF LAND OUT
OF THE S. FREEMAN SURVEY, ABSTRACT 525', ALL
SITUATED IN TARRANT COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT-.A. ATTACHED
HERETO AND MADE A PART HEREOF, FROM "F-LIGHT
INDUSTRIAL DISTRICT" TO ZONING CLASSIFICATION
H-HEAVY COMMERCIAL DISTRICT", PROVIDING FOR
CHANGE IN OFFICIAL ZONING MAP, AND PROVIDING
EFFECTIVE DATE OF AMENDMENT.
WHEREAS, an application to change zoning has been filed and a
public hearing conducted and all other prerequisites complied with
under 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;
NOW THEREFORE, Be it ordained by the City Council of the City
of Southlake, Texas:
SECTION 1: The certain ordinance no. 161 passed by the City Council
of the City of Southlake, Texas January 7, 1969, and being the
Comprehensive Zoning Ordinance" is hereby amended insofar as the
property described on Exhibit "A" attached hereto and made a part
hereof is hereby changed from the zoning classification of "F-Light
Industrial District" to zoning classification "H-Heavy Commercial
District".
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 Exhibit "A"
attached hereto and made a part hereof.
SECTION'3: The said Ordinance No. 161, except as officially amended
by prior ordinance amendments and this ordinance no. 161-65 remains
in effect in all other respects as originally passed.
This ordinance shall take effect upon request by the owner for a
building permit in connection with the land described on Exhibit "A"
I
S S-
TF41C'r. OF LA..ND IN THE S. FREEMAN SURVEY A-525Containing0.641 Acres
FI';LD NOTES
All that certain tract or parcel of land lying and being situated in TarrantCounty, Texas, and being a tract of land out of the S. FRREMAN SURVEY A-525,Tarrant County, Texas, and being described as follows;
BEGINNING ar an iron pin on the East ROW of County Road # 3119 (Kimball Rd.),said point being the Southwest corner of a tract of land, D.L. Watkins to J.R. Alexander as described in Vol. 2999, Page 609, Deed Records, Tarrant County,Texas;
mot, E N 89' 49' 10" E along, said Alexander tract a distance of 158.8 feet toacorner;
TH NC'a S 0° 14' E a distance 199.8 feet to the North ROW Line of State High-way 114;
T:r-NCE N 86' W 50" W along said ROW a distance of 80.0 feet to a highwaymonumentforacorner;
IF-F,"OF N 4s° 33" W a distance of 109.3 feet to a highway morun,ent for a corner;said highway monument being in the East ROW line of County Road # 3119 (KimballRoad);
Ti iNCE N 0' 14' W along the East ROW line of County Road # 3119 (Kimball Road)a'distance of- 116.5 feet to the PLACE OF BEGINNING, and containing o.641 acresoflandmoreorless.
1
1
Exhibit "A"
i
attached hereto,providing such building permit is requested
prior to March 1, 1976. In the event a building permit has
not been so requested by March 1, 1976, then such zoning
proceWing shall be moot and such land remaining in the zoning
classification of "F-Light Industri&l".
PASSED this day of August, 1975.
May 6r
ATTEST:
i y ecre ary
APPROVED AS TO FORM:
ity torney
ORDI'NANCE 'NO 161-66
AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE
CITY OF SOUTHLAKE, TEXAS BY GRANTING AN ALCOHOLIC
BEVERAGES SPECIFIC USE PERMIT ON 0.641 ACRES OF
LAND OUT OF THE S. FREEMAN SURVEY, ABSTRACT 525
IN TARRANT COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HEREOF, PROVIDING FOR A TEMPORARY CHANGE
IN OFFICIAL ZONING MAP, AND PROVIDING FOR THE TERM
AND CONDITIONS OF SUCH PERMIT, AND PROVIDING FOR
THE CONDITIONS PRECEDENT TO THE EFFECTIVE DATE OF
THE AMENDMENT.
WHEREAS, an application for an Alcoholic Beverages Specific
Use Permit has been filed and a public hearing conducted and all
other prerequisites complied with under applicable law, except
those specifically provided hereafter, concerning an Alcoholic
Beverages Specific Use Permit in connection with the property
described on Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, be it ordiAned by the City Council of the City
of Southlake, Texas:
SECTION 1: That certain Ordinance No. 161 passed by the City
Council of the City of Southlake, Texas January 7, 1969, and being
the "Comprehensive Zoning Ordinance: is hereby amended insofar as
the property described on Exhibit "A" attached hereto and made a
part hereof may be used for purposes described in an Alcoholic
Beverages Specific Use Permit and such use is granted as a temporary
zoning change subject to the following conditions:
A. Such land has an effective zoning classification of "H-Heavy
Commercial District
B. Such permit is issued for a period not to exceed one year as
specified on Exhibit "B" attached hereto and made a part hereof.
C. Such permit authorized the use defined on Exhibit "C" attached
hereto and incorporated herein and such use is the same use
approved by the Texas Alcoholic-Beverage Commission.
D. Such permit shall be issued in acc.o-rd.an.ce with the provisions
of this ordinance at the time applicant receives approval for a
permit or license from the Texas Alcoholic Beverage Commission.
t
i
E. Such permit shall be conditioned on compliance with all
the terms of Section VII.4 of Ordinance 161 of the City of
Southlake, Texas and any other specific conditions, if any, set
forth on Exhibit "D".
SECTION Z: The official zoning map9p created by said Ordinance
No. 161 shall be amended to include this temporary zoning change
when the same becomes effective.
SECTION '3: The said Ordinance No. 161, except as officially
amended by prior ordinance amendments and this Ordinance No.
161-66 remains in effect in all other respects as originallyi
f'passed.
This ordinance shall be effective upon passage but the Alcoholic
I'Beverages Specific Use Permit must be issued before April 1, 1976
or the right to receive such permit under this ordinance shall
I'cease.
PASSED this'day of August, 1975.
14ayo.r
ATTEST:
city ecretary
1
APPROVED AS TO FORM:
y orn y
own,
EXHIBIT "A"
ZA
TRSCT, OF„ LAND IN THE S. FREEMM SURVEY A-525
Containing 0.641 Acres
FIELD' NOT.'ES
All that certain tract or parcel of land lying and being.situated in Tarrant
County, Texas, and being a tract of land out of the S. FREEMAN SURVEY A-5251
Tarrant County, Texas, and being described as follows;
BEGD LING at an iron pin on the East ROW of County Road 3119 (Kimball Rd.
said point being the Southwest corner of a tract of land, A.L. Watkins to J.
R. Alexander as described in Vol. 2999, Page 609, Deed Records, Tarrant Count;
Texas;
TIENC~E N 89° 49' 10" E along said Alexander tract a distance of 158.8 feet to
a corner;
TiffNC. S '0° 14' E a distance 199.8 feet to the North ROW Line of State High-
way
1 114.;
T1iEi,7CE N 86" 38` 50" W along said ROW a distance of 80.0 feet to a highway
monument for a corner;
THENCE N 430 33" W a distance of 109.3 feet to a highway monument for a corn'
said highway monument being in the East ROW line of County Road 3119 (Kimba~
Road) ;
i
T.M:v` N G° 14' W along the East RMI line of County Road # 3119 (Kimball Roa
a distance of 116.5 feet to the PLACE OF BEGINNING, and containing o.641 acr~
of land more or less.
EX HTBI"T B
Such permit shall be for the following term:
EXHIBIT C
t The permit shall authorize the specific use as defined by the
Liquor Control Act, State of Texas, as Retail Dealers
Off-Premises License" for the sale of beer.
134
ORDINANCE NO. 220
An Ordinance approving certain Rate Schedules filed by Texas
Power & Light Company in the City of Southlake, Texas, and
providing conditions under which such Rate Schedules may be
changed, modified, amended or withdrawn:
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1: That Texas Power & Light Company, having
filed on the 4th day of June, 1975, its Rate Book N-75-35,
containing a set of electric Rate Schedules and the Service
Regulations referred to therein, with the City Secretary, the
same are hereby approved as Schedules of Rates and Service
Regulations under which said Company is authorized to collect
charges from its customers for the sale of electric power and
energy within the corporate limits of the City until such time
as said Rate Schedules and Service Regulations may be changed,
modified, amended or withdrawn, with the approval of the City
Council.
SECTION 2: The filing of the Rate Schedules and Service
Regulations, and the approval of same by the City Council, in
the manner herein provided, shall constitute notice to the con-
sumers of electricity, within the City, of the availability and
application of such Rate Schedules and Service Regulations.
SECTION 3: Such Rate Schedules and Service Regulations,
shall become effective and shall be in full force and effective
October 1, 1975 and shall apply to all bills rendered after
September 30, 1975. If Texas Power & Light Company voluntarily
places in effect lower rates in any other of its Class 2 cities,
said lower rates shall also be applicable in the City of Southlake.
PASSED AND APPROVED at a Regular meeting of the City Coun-
cil of Southlake, Texas, this the 5 day of _jfU6u_1975.
MAYOR
ATTESTc
o
CITY SECRETARY
135
RESOLUTION NO. 75-22
I
t WHEREAS, the City Council of the City of
Southlake, Texas, is seeking Federal as-
sistance in funding the cost of a sanitary
sewer system through the Environmental Pro-i'
tection Agency; And,i
WHEREAS, the Environmental Protection Agency
wants assurance that the City of Southlake
t will agree to meet its various requirements
in connection with said project regarding l
land acquisition, relocation requirements
and user charges; And,
WHEREAS, the Mayor's signature is required
on the application forms and on the revised
Project Time Schedule; Now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
I5
The Mayor be and hereby authorized to sign all resolutions
pertaining to the aforementioned matters.
PASSED AND APPROVED this 5th day of August 1975.
ti
f
i Mayor
i
ATTEST:
City Secretary l
s
I
i
i
136
RESOLUTION NO. 75-23
WHEREAS, the City Council of the City of
Southlake, Texas, has made application to
the Environmental Protection Agency and
Texas Water Quality Board for a sewer grant;
And,
WHEREAS, the City Council of the City of
Southlake has engaged Carter & Burgess, Inc.,
as the engineering firm for the sewer pro-
ject; And,
WHEREAS, this specific project calls for a
contract to,be entered into setting out the
dollar figure for engineering costs; Now,
THEREFORE,. BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
The Mayor be aria.,ishereby authorized to sign a contract with
Carter & Burgess, Inc., for engineering costs in connection
with the sewer project, at an agreed price.
PASSED AND APPROVED this 5th day of August, 1975.
Mayor
ATTEST:
City Secretary
y-J
N
CITY OF SOUTHLAKE
STATE Ol 'I'EXAti
1OUNTY OF TARRANT 7
THIS AGREEMENT entered into the day of
1975, by and between the CITY OF SOUTHLAKEaa municipal corp ation of
Tarrant County, Texas, hereinafter called the "CITY", party of the first:
part, and CARTER G BURGESS, INC., hereinafter called the "ENGINEER",
party of the second part, witnesseth that:
WHEREAS the City desires to retain an Engineering Consultant for
the purpose and intent of providing the City with professional services
for the design and implementation of a mw,,cipal sanitary sewage system
1 with funding assistance through the Environmental Protection Agency
construction grant program. Such improvements are hereinafter called
the "PROJECT."
NOW, THEREFORE, the City and the Engineer in consideration of theImutualcovenantsandagreementshereincontaineddomutuallyagreeas
follows:
I SECTION I - EMPLOYMENT OF THE ENGINEER
The City agrees to employ the Engineer, and the Engineer agrees to
perform professional engineering and land survey services in connection
with Projects as stated in the sections to follow, and, for having
rendered such services, the City agrees to pay the Engineer compensation
1 as stated in the sections to follow.
Each "Project" shall be initiated by a "Project Authorization" form
requesting the Engineer to perform certain specified professional„services
for and on behalf of the City.
Each Project Authorization shall be numbered consecutively; shall
state the name or type of project; a general description of the work to
be performed; the anticipated total compensation to be paid the Engineer;
the anticipated total project construction cost; the expected completion
date of such work performed; the date of execution of the Project Authori-
zation; and the signatures of the Mayor and City Secretary of the City,
and the authorized representatives of the Engineer.
Each "Project Authorization" form shall be attached to and made a
part of this agreement. No work shall be performed by the Engineer
except by a Project Authorization. Separate Projects shall be initiated
by separate Project Authorizations.
SECTION II - SERVICLS
A. Construction Impru-i.:ments - The Engineer shall render all
engineering and survey services necessary in the development of designs
for construction projects. The Engineer agrees to perform services as
outlined below for all projects as applicable.
Phase 1. Preliminary Design.Phase - In connection with the
preliminary design phase" the Engineer shall:
1
rv
a) Attend preliminary conferences with the City regarding
the project.
b) Represent the City in cunferu ces and coordinate
ith the Regional COG Office and Texas Water Quality Board regarding the
ro j ect .
c) Make such field surveys as may be necessary to
repare preliminary plans.
d) Prepare any preliminary plans and reports as may be
needed to supplement existing General and Comprehensive Plans, these to
include:
1) Preliminary plans, sketches, layouts, and
outline specifications.
2) Preliminary cost estimates of proposed construction
ncluding estimated quantities and estimated unit prices.
3) Results of necessary tt::,t borings and soil
explorations. The Engineer shall make or have made and supervise these
tests and shall be reimbursed for the costs of the tests in accordance
ith Section III - "Compensation."
4) A discussion of the various solutions considered
ith related estimates and conclusions.
5) Design criteria, including a statement as to
the correctness of all basic design assumption and estimates. The
MEngineer shall furnish the City with three (3) copies of all preliminary
lans, reports and-estimates,
e) Prepare applications for Environmental Protection
gency
construction grant funding if requested.
Phase 2. Final Design Phase - When directed by the City to
proceed with the "final design phase" for working drawings and specifi-
cations the Engineer shall:
a) Prepare detailed contract drawings and specificationsforconstructionauthorizedbytheCity.
b) Make such field surveys as may be necessary to
repare final contract drawings.
c) Maker or have made and supervise test borings and
soil explorations required for preparation of final plans.
d) Make or have made and supervise property surveys
squired for preparation of right-of-way maps, easements, and propertydescriptions.
e) Represent the City in conferences and coordinatetiththeRegionalCOGOfficeandtheTexasWaterQualityBoard.
f) Prepare applications for Environmental Protection
e ncy construction grant funding if requested.ig
Phase 3. kidding and Construction Phase
a) With respect to the "bidding" the Engineer shall:
1) Furnish copies of the completed plans and
specifications for each project for bidding purposes as required.
2) Render assistance in obtaining bids.
2
3) Attend bid openings.
4) Make an analysis of bids received and make
ecommendation on award of contracts.
5) Render assistance in award of contracts and
assembly of contract documents.
b) With respect to the "construction" the Engineer
1) Assist with the general administration of the
roject and the construction thereof in accordance with professionul
tandards; review the work of Project Engineers, Planners and/or Repre-
entatives and such inspection agents and testing laboratories as may be
employed by the City for such work. Review samples, catalog data,
schedules,
shop drawings, laboratory, shop and mill tests of material
and equipment and other data which the contractor is required to submit,
only for conformance with the design concept of the Project and com-
pliance with the information given by the Contract Documents; and assemble
written guarantees which are required by the Contract Documents.
2) Provide general consultation and advice during
construction; issue all instructions to the contractor requested by the
City; and prepare routine change orders as required.
3) Review, monthly and final estimates for paymentsItocontractors, and furnish to the City any necessary certifications as
to payments to contractors and suppliers.
4) Conduct, in company with the City, a finalIinspectionoftheProjectforconformancewiththedesignconceptof the
Project and compliance with the Contract Documents, and approve in
writing final payment to the contractors.
5) Revise contract drawings, with the assistance
of the resident Project Representative, to show the work as actually
constructed. Furnish a set of prints of these revised "as built"
I
drawings to the City.
c) The Engineer will, if requested by the City, furnish
the services of a resident Project Representative, and other field
personnel for continuous on-the-site observation of construction. The
authority and duties of such resident Project Representatives are limited
to examining the material furnished and observing the work done, and to
reporting their findings to the Engineer. The Engineer will use the
usual degree of care and prudent judgment in the selection of competent
Project Representatives, and the Engineer will use diligence to see that
the Project Representatives are on the job to perform their required
duties. It is agreed, however, that the Engineer does not underwrite,
arantee or insure the work done b the contractors, and, since it is
e contractor's responsibity to per orm the work in accordance with
the Contract Documents, the Engineer is not responsible or liable for
the contractors' failure to do so, and, so long as the Engineer bias.
exercised t e.usual degree oecare and prudent judgment in selecting
Project Representatives and has used diligence to see that they are on
the job to perform the work, failure by any Project Representative or
other personnel engaged in on-the-site observation to:discoaer defects
or deficiencies in the work of the contractors shall never relieve the
contractor(s) for liability therefor nor subject the Engineer to any
liability for any such defects or deficiencies. Project Representatives
furnished will be acceptable to boththeCity and the Engineer and shall
be engaged at a salary satisfactory to the City. The Engineer shall be
reimbursed for the costs of Representatives in accordance with Section
III - "Compensation."
3
SECTION IV - CHANGES
All work done in connection with the preliminary phases of the
engineering agreement, including any changes as required by the City,
shall be considered a part of the basic contract and the specified fee
shall include all such preliminary work provided that the work is within
the defined scope of work in Section II - "Services." If the City
expresses in writing a request for substantial revisions of plans and
specifications after the preliminary drawings have been approved and the
Engineer has been authorized to proceed with the preparation of detailed
drawings and has performed work on the drawings pursuant to these in-
structions, the Engineer agrees to make such revisions required by the
City and the City will pay the Engineer just and equitable compensation.
Such compensation will be on a per diem basis as set forth in Section
III - "Compensation."
1 SECTION V - COORDINATION WITH THE CITY
The Engineer shall hold periodic conferences with the City, or its
representatives, to the end that the Project, as perfected, shall have
full benefit of the City's experience and knowledge of existing needs
and facilities, and to be consistent with his current policies and
construction standards. To implement this coordination, the City shall
make available to the Engineer for use in planning the Project, all
existing plans, maps, field notes, statistics, computations and other
data in his possession relative to existing facilities and to the
Project.
L SECTION VI - OWNERSHIP OF DOCUMENTS
All reports, estimates, data, drawings, and specificat=ons prepared
or executed under the provisions of this Agreement shall be the property
of and delivered to the City, unless the City and Engineer mutually
agree upon other methods for temporary storage or retention of such
documents.
SECTION VII - TERMS AND CONDITIONS
A. Termination of Agreement for Cause. If, through any cause,
the Engineer shall ail to fulfill in a timely and proper manner his
obligations under this Agreement, or if the Engineer shall violate any
of the covenants, agreements, or stipulations of this Agreement, by
giving written notice to the Engineer of such termination. In such
event, all finished or unfinished documents, data, studies, and reports
prepared by the Engineer under this Agreement shall become the property
of the City and`the Engineer shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents,
Notwithstanding the above, the Engineer shall not be relieved
of liability to the City for damages sustained by the City by virtue of
any breach of the Agreement by the Engineer, and the City may withhold
any payments to the Engineer for the purpose of setoff until such time
as the exact amount of damages due the City, from the Engineer, is
determined.
5
d) The lingimier will., if ro(lucsted -by the City, furnish
cunstructiun surveys. The lingineua• %hul i bu raimbux•:.old by . the City h
accordance with Section III - "Compensation."
e), Where interim or limited inspection is required of
the Engineer, by the City, during construction in lieu of or in addition
to the services provided by a resident Project Representative, the
Engineer shall provide a qualified member of his staff and shall be
compensated in accordance with Section III - "Compensation."
B. Whore Prujuct Authorizations are issued for the design of
public buildings requiring the ser,i.ces of an Architect, the Engineer
shall retain the services of a registered Architect for such architec-
tural work. The Architect selected by the Engineer as his architectural
associate shall be subject to the approval of the City.
C. Where Project Authorizations are issued for the design of
public buildings, structures and appurtenances within the purvey of
registered landscape architects as allowed by state statutes, the
Engineer shall provide such design services.
SECTION III - COMPENSATION
A. For Phase 1 and/or Phase 2 work as defined in Section II -
Services," the Engineer's fee shall be based on a negotiated Lump Sum
basis which shall be specified in the Project Authorization. The fee
shall be payable in installments to be specified in the Project,Authori-
zation, each installment of which shall be deemed to have been earned
and shall be due and payable upon the satisfactory performance of the
respective items of service.
B. Where Phase 3 work as defined in Section II - "Services" is
involved, the Engineers fee shall be computed on an agreed upon per
diem basis to be included in the Project Authorization. Payment to the
Engineer will be made monthly on submission of the Engineer's statement.
C. For subcontract services, such as making soil borings and
performing laboratory tests on soil samples, retaining special con-
sultants, and all subcontracted work not specifically authorized in a
Project Authorization the City may, at its option, contract directly
with a third party for such services or through'the Engineer. If such
contracts are made through the Engineer a service charge of ten percent
will be added to the net amount of such contracts.
D. For Resident Project Representatives, who are furnished upon
the request of the City, the City agrees to pay the Engineer in accordance
with an agreed upon per diem schedule upon receipt of the Engineer's
monthly statement. Unless otherwise established in the Project Authori-
zation, the City will also reimburse the Engineer for auto mileage for
the Representative's vehicle at a rate of $0.15 per mile.
E. For property surveys, topographic surveys, route alignment
surveys and construction surveys, not required for engineering design
projects, the City will reimburse the Engineer in accordance with a
mutually agreed upon per diem rate specified in the Project Authori-
zation.,
F. For printing and reproduction work the charge shall be at
standard commercial rates.
G. For all direct von-labor expense, including telegraph and
telephone toll charges, bid advertising, filing fees, etc., all as
required for the proper execution of the work are charged at actual
invoice cost.
4
a
B. Termination for Convenience of the City. The City may terminatethisAgreementanytimeya ",,)tice in writing from the City to theEngineer. If the Agreement is terminated by the City, as providedherein, the Engineer will be paid an amount which bears the same ratiotothetotalcompensationastheservicesactuallyperformedbeartothetotalservicesoftheEngineercoveredbythisAgreement, less paymentsofcompensationpreviouslymade. Provided, however, that if less thansixpercentoftheservicescovereTIy- tUM Agreement have been performedupontheeffectivedateofsuchtermination, the Engineer shall bereimbursed (in addition to the above payment) for that portion of theactualout-of-pocket expenses (not otherwise reimbursed under thisAgreement) incurred by the Engineer during the Agreement period whicharedirectlyattributabletotheuncompletedportionoftheservicescoveredbythisAgreement. If this Agreement is terminated due to thefaultoftheEngineer, paragraph A. hereof, relative to termination,shall apply.
C. Chanes_. The City may, from time to time, request changes inthescopeoftheservicesoftheEngineertobeperformedhereunder.Such changes, including any increase or decrease in the amount of theEngineer's compensation, which are mutually agreed upon by and betweentheCityandtheEngineer, shall be incorporated in the form of written
1
amendments to this Agreement.
A. Personnel.
1. The Engineer represents that he has, or will secure at1hisownexpense, all personnel required in performing the services underthisAgreement. Such personnel shall not be employees of or have anycontractualrelationshipwiththeCity.
2. All the services required hereunder will be performed bytheEngineerorunderhissupervisionandallpersonnelengagedintheworkshallbefullyqualifiedandshallbeauthorizedorpermittedunderStateandlocallawtoperformsuchservices.
3. No person who is serving sentence in a penal or correctionalinstitutionshallbeemployedonworkunderthisAgreement.
E. Anti-Kickback Rules. Salaries of landscape architects, planners,architects, technical engineers, draftsmen, technicians and support per-sonnel performing work under this Agreement shall be paid unconditionallyandnotlessoftenthanonceamonthwithoutdeductionorrebateonanyaccountexceptonlysuchpayrolldeductionsasaremandatorybylaworpermittedbytheapplicableregulationsissuedbytheSecretaryofLaborpursuanttothe "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40U.S.C., section 276c). The Engineer shall comply with all applicable
1
Anti-Kickback" regulations and shall insert appropriate provisions inallsubcontractsandagreementscoveringworkunder.this Agreement toinsurecompliancebysubcontractorswithsuchregulations, and shall beresponsibleforthesubmissionofaffidavitsrequiredofsubcontractorsthereunderexceptastheSecretaryofLabormayspecificallyprovideforvariationsoforexemptionsfromtherequirementsthereof.
F. Withholding of Salaries. If, in the performance of thisAgreement, thereis any underpayment of salaries by the Engineer or byanysubcontractorthereunder, the City shall withhold from- the.Eng nepT,__out of payments due to him, an amount sufficient do pay to the underpaidemployeesthedifferencebetweenthesalariesrequiredherebytobepaidandthesalariesactuallypaidsuchemployeesforthetotalnumberofhoursworked. The amounts withheld shall be disbursed by the City forandonaccountoftheEngineerorsubcontractortotherespectiveem-ployees to whom they are due.
6
i
G. Claims and Disputes Pertaining to Sulury Rata:,. Claims and
disputes pertaining to salary rates or to classifications of architects,
landscape architects, planners, draftsmen, technical. engineers, technicians
and support porsunnol porforodug work under this Agreement shall be
promptly reported in writing by the Hnginuur to the City for the latter's
decision, which shall be final with respect thereto.
H. Equal Employment Opportunity. During the performance of this
1
Agreement, the Engineer agrees as follows:
1. The Engineer will not discriminate against any employee,
or applicant for employment because of race, creed, color, sex, or
national origin. The Engineer will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, sex, or national
origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Engineer agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City
setting forth the provisions of this nondiscrimination clause.
2. The Engineer will, in all solicitations or advertisements
for employees placed by or on behalf of the Engineer, state that all
qualified applicants will receive consideration for employment without
1 regard to race, creed, color, sex, or national origin.
3. The Engineer will cause the foregoing provisions to be
inserted in all subcontracts for any work covered by this Agreement so
that such provisions will be binding upon each subcontractor, provided
that the foregoing provisions shall not apply to contracts or subcontracts
for standard commercial supplies or raw materials.
I. Discrimination Because of Certain. Labor Matters. No person
employed on the work covers y this Agreement shall be discharged or in
any way discriminated against because he has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or
is about to testify in any proceeding under or relating to the labor
standards applicable hereunder to his employer.
J. Compliance with Local Laws. The Engineer shall comply with
all applicable laws, ordinances, and codes of the State and local
governments, and shall commit no trespass on any public or private
property in performing any of the work embraced by this Agreement.
K. Subcontracting. None of the services covered by this Agreement
shall be subcontracted without the prior written consent of the City.
The Engineer shall be as fully responsible to the City for the acts and
omissions of his subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of
persons directly employed by him. The Engineer shall insert in each
subcontract or agreement appropriate provisions requiring compliance
with the labor standards provisions of this Agreement.
L. Assignability. The Engineer shall not assign any interest in
this Agreement, and shall not transfer any interest in the same (whether
by assignment or novation) without the prior written approval of the
City. Provided, however, that claims for money due, or to become due,
the Engineer from the City, under this Agreement, may be assigned to a
bank, trust company, or other financial institution, or to a Trustee in
Bankruptcy, without such approval. Notice of,any such assignment or
transfer shall be furnished promptly to the City.
I
7
M. Interest of Members of the City. No member of the governingbodyoftheCity, and no other officer, employee, or agent of the CitywhoexercisesanyfunctionsorresponsibilitiesinconnectionwiththecurryingoutoftheProjecttowhichthisAgreementpertains, shall haveanypersonalinterest, direct or indirect, in this Agreement.
N. Interest of Other Local Public Officials. No member of thegoverningbodyofthelocalityinwhichtheProjectAreaissituated,and no other public official of such locality, who exercises any func-tions or responsibilities in the review or approval of the carrying outoftheProjecttowhichthisAgreementpertains, shall have any personalinterest, director indirect, in this Agreement.
0. Interest of Certain Federal Officials. No member of orDelegatetotheCongressoftheUnitedStates, and no Resident Com-missioner, shall be admitted to any share or part of this Agreement ortoanybenefittoariseherefrom.
P. Interest of Engineer.
has no interest an
The Engineer covenants that he presentlydshallnotacquireanyinterest, direct or indirect,in the above-described'Project Area or any parcels therein, or any otherinterestwhichwouldconflictinanymannerordegreewiththeperformanceofhisserviceshereunder. The Engineer further covenants that in the1performanceofthisAgreementnopersonhavinganysuchinterestshallbeengagedonanyworkauthorizedorcoveredbythisAgreement.
Q. Findings Confidential. All of the reports, information, data,1 etc., prepared or assembled by the Engineer under this Agreement areconfidentialandtheEngineeragreesthattheyshallnotbemadeavailabletoanyindividualororganizationwithoutthepriorwrittenapprovaloftheCity. All records, books, and cost information maintained by theEngineerwillbemadeavailableimmediatelyupontherequestoftheCityforpurposesofinspectionoraudit.
1) The Engineer shall maintain books, records, documents andotherevidencedirectlypertinenttoperformanceonEPAgrantworkunderthisagreementinaccordancewithacceptedprofessionalpractice, appro-priate accounting procedures and practices and 40 CFR paragraphs 30.605,30.805 and 35.935-7. The United States Environmental Protection Agency,the Comptroller General of the United States, the United States Depart-ment of Labor, the City of Southlake, Texas, and the Texas Water QualityBoardoranyoftheirdulyauthorizedrepresentativesshallhaveaccesstosuchbooks, records, documents and other evidence for the purpose ofinspection, audit and copying. The Engineer will provide proper facilitiesforsuchaccessandinspection.
2) The Engineer agrees to include in all his contracts andallothersubcontractsdirectlyrelatedtoprojectperformancewhichareinexcessof $10,000 the five items of this clause.
3) Audits conducted pursuant to this provision shall be inaccordancewithgenerallyacceptedauditingstandardsandformallyestablishedauditregulations, procedures and guidelines of the reviewingorauditagency(ies).
4) The Engineer agrees to the disclosure of all information1udrep(, is resulting from access to records pursuant to paragraphs (1)
1
at,u uvc, to ary of the agencies reierrec to in par graph (11above. In those cases where the audit concerns the Engineer, theauditingagencywillaffordtheEngineeranopportunityforanauditexitconference, and an opportunity to comment on the pertinent portionsofthedraftauditreport. The Engineer will be provided copies of theformaldraftauditreportatthetimeofitstransmission. Such trans-mission will include the written comments, if any, of the audited firm.
1
I
1
5) Records under paragraphs (1) and (2) above shall be
maintained and made available during performance on EPA grant work under
this agreement and until three years from date of final EPA grant payment
for the project. In addition, those records which relvte to any "dispute"
appeal ui,der an EPA grant agreement, or litigation, or the settlement of
claims arising out of such performance, or costs or items to which an'
audit exception has been taken, shall be maintained and made available
until three years after the date of resolution of such appeal, litigation,
claim or exception.
SECTION VIII - ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
A. Any controversy hereafter arising between City and the Engineer
in connection with this Agreement and any liability or claimed liability
created hereunder or incident hereto or pertaining to the enforcement of
any provision, condition or covenant contained herein shall be submitted
I to arbitration under the terms of the 'texas General Arbitration Act.
Either party may invoke this provision for arbitration by giving the
other party notice in writing demanding that such controversy be submitted
to arbitration, which notice shall also contain the appointment of an
arbitrator by the demanding party. The party receiving such notice of
arbitration must, within five (5) days after receiving same, mail to the
demanding party a notice of appointment of a second arbitrator. Such
two arbitrators shall meet forthwith and agree in writing upon a third
arbitrator, and shall immediately give the parties written notice of the
third arbitrator's appointment.
B. If the party upon whom the demand for arbitration is served
fails to give the demanding party'the required notice of appointment of
the second arbitrator within the required five days, the demanding party
may apply to the court under Article 226, Revised Statutes of 1925, to
appoint the second arbitrator. If the first two arbitrators fail to
agree upon a third arbitrator within ten days from the date the second
arbitrator was appointed, either party may apply to the court, under
such Article 226, for the appointment of the third arbitrator.
C. The proceedings of the arbitrators, the award made by the
arbitrators and the endorsement of such award shall be governed by the
Texas General Arbitration Act, Articles 224 through 238-6, inclusive,
Revised Statutes of 1925, as amended.
D. This entire Section VIII, providing for arbitration, shall
survive the termination of this Agreement under any of its provisions,
and any controversy between City and the Engineer existing when the
Agreement terminates shall continue to be subject to arbitration here-
under.
SECTION IX - ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this Agreement to be mailed or
delivered to Engineer shall be to the following address:
1100 Macon Street
Fort Worth, Texas 76102.
SECTION X - SECTION CAPTIONS
Each Section under the Agreement undertakings has been supplied
with a caption to serve only as a guide to the contents. The caption
does not control the meaning of any Section or in any wa.y determine its
interpretation or application.
1
9
1
F.HCV11s11 in 5._. cowltorpa l-ts (each of which i.: an c,rigi.nal) on
behalf of the Gngineer by its Chairman. of the Board, or President, shown
below, and on behalf of the City by its Mayor (thereunto duly authorized)
this ~ day of n,bCv 19 7-r .
CITY OF SOUTHLAKE, TEXAS
Attest:
CITY SECRETARY MAYOR
CARTER $ BURGESS, INC.:
Attest:
ECRETARY- EASURER PRESI NT
1
1
1
I
10
CERTIFICATE.OF COUNSEL
1 Pursuant to the terms of Article 224 Revised Statutes of weherebycertifythattheprovisionintheforegoingcontractforlarbitrationofcontroversieswasconcludedupontheadviceofcounseltobothparties.
ounsel for Crt
Counsel or Engineer/Planner
1
1
1
1
11
PROJECT AUTHORI`LATIUN
NO.1
SUPPLEMENT TO CITY OF SOUTHLAKE-CARTER & BURGESS, INC., CONTRACTUAL
AGREEMENT, DATED 19 SEPTEMBER 1975.
a
t A. The City of Southlake hereby authorizes Carter l', Burgess, Inc.,
Engineers/Planners, to initiate work on the following described
project:
LPA Step IT _ Project for RIM).aration of construction drawings
and specifications
B. The general description of work thus to be performed shall include:
1) PrePare.final plans and specifications for those sanitary
sewage facilities recommended in the Step II application (dated
8/15/75) for federal funding through the Environmental Protection
Agency. The scope of services is as detailed in Section II, Phase
2, of Xhe contractual agreement. Other specific items to be performed
1
under this scope of services are:
a) Preparation of Sewage Discharge Permit
b) Preparation of Operations-Maintenance Manual for
sewage treatment plant ,
c) Preparation of User Charge System
d) Preparation of Industrial Waste Ordinance
C. The Lump Sum total compensation to be paid to Carter & Burgess, Inc.,
for work performed under this project authorization is estimated to
not exceed $ 63,930.00 The schedule for reimbursement shall
be in accordance with the schedule established in the EPA Step II
application for federal funding dated 8/15/75.
D. The anticipated total construction cost of this project (if applicable)
is estimated at $ 902,030.00
E, The expected completion date of such work to be performed is estimated
as 1st day of August 19 76 .
EXECUTED this 9 da of S L,19 7s
CITY OF SO LAKE E CARTER & BURGESS, INC.
By:..L-~By:
M
Attest.:
i
City Secretary
1
RESOLUTION NO. 75-24
WHEREAS, on the 14th day of Septmeber, 1971,
the City Council of the City of Southlake,
Texas, did approve-and cause to be filed a
plat of Dove Estates Subdivision in the City
of Southlake; And,
WHEREAS, the developers of said Subdivision
had suffered financial problems which caused
its development to be suspended whereby the
City of Southlake did not accept it; And,
WHEREAS, Dove Estates is now able to continue
its development and has been completed to the
City's satisfaction; Now,
THEREFORE,_ BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
1 Dove'.Estates be and is hereby accepted by the City of South-
lake, Texas.
PASSED AND APPROVED this 5th day of August, 1975.
Mayor
ATTEST
City Secretary
i
138
RESOLUTION NO. 75-25ing,
WHEREAS, on the 22nd day of April, 1975,
the City Council of the City of Southlake,
Texas, did approve and cause to be filed
a plat of Continental Park Estates, an
addition to the City of South lake, Texas,
being developed by B & R Development Cor-
poration; And,
WHEREAS, for the purpose of good develop-
ment the City Council of the City of South-
lake has requested said B & R Development
Corporation to agree to fulfill certain re-
quirements in accordance with the City's
policies, and said B & R Development Corpor-
ation wishes to abide by the City's develop-
ment policies; Now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXA$ THAT:
The Mayor be and is hereby authorized to enter into the Developers'
Agreement agreed to and signed by James R. Rust, president of
said B & R Development Corporation which is attached hereto and
made a part hereof.
PASSED AND APPROVEDthis 5th day of August, 1975.
Mayor
ATTEST:
I.
J,7 _e
City Secretary
1
DEVELOPER'S AGREEMENT
An agreement between the City of Southlake (the City) and B and R Development
Corporation the Developer) for the installation of certain community facilitieg
within and to service Continental Park Estates an addition to the City of South
lake, Tarrant County, Texas. Such facilities to include:
I. ON-SITE WATER:
A. B and R Development Corporation, the Developer,hereby agrees to
v
install water facilities to service lots as shown on the final plat
for the Continental Park Estates to the City of Southlake. These
facilities will be installed in accordance with plans and specifica-
tions to be prepared by the'Developer's engineer and approved by the
City., Further, B and R Development Corporation, agrees to complete
this installation at its own cost and in accordance with Ordinance
No. 170 within five (5) years from the date of the signing by both
parties of this agreement.
Prior to commencing work, the Contractor to whom the Developer awards
the contract for such work shall furnish 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
year after completion of the facilities and its acceptance by the Cit
The Contractor may, at his option, post a "Blanket Maintenance Bond"
in the amount of Fifty-Four YIundred Dollars ($5,400.00) in favor of
City covering all water facilities constructed 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 Payment Bond in an amount
1
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 materials to the project.
B. The City of Southlake hereby agrees to withhold all building permits
for said lots until completion and acceptance of useable increments
of said water facilities, exclusive of existing residences.
C. It.is further agreed and understood that the Developer shall be
responsible for all construction costs, materials and engineering,
and that upon completion and acceptance the City shall own, operate
and maintain the said water facility, subject to the applicable
maintenance agreement and bonds in connection therewith.
II. STREETS AND DRAINAGE:
A. B and R Development Corporation 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 the Developer's engineers and approved by the City. Further, B and
R Development Corporation agrees to complete this construction at its
own cost within five (5) years from the date of the signing by both
parties of this agreement,. B and R Development Corporation further
agrees:
1. Street lights will be installed by the Developer with the
Developer responsible for electricity cost until accepted by the
City.. The size and location of these street lights shall be
approved by the City prior to installation.
2. No construction will begin on the subgrade treatment, pavement,
or curb and gutter within the limits of any of the streets
included herein prior to the installation of all underground1
2.
utilities including service lines.
3. Utility lines will be on poles above ground plus these and
gas lines will be at the back of the lots.
4. No work will-begin on any street included herein prior to the
Paving Contractor's execution and delivery of a one-year
Maintenance Bond to the City of Southlake for the repairing
and/or reconstruction in whole or in part of said streets. The
Surety will be a surety company 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 performance1
of the contract and upon payment of all persons supplying labor
of furnishing materials to the project. The Contractor shall
furnish to the City satisfactory carriage of insurance in
accordance with the City's standard requirements of contractor
doing work for the City.
5. An approved pavement section shall be eight (8) inches of iron-I
ore gravel subgrade and two (2.) inches of hot-mix asphaltic concrete.
6. The Developer will be responsible for the installation of street
signs designating the names of the streets inside Continental Park
Estates.
7. All street.m provements will be subject to inspection and approval.i
by the City of Southlake.
III. GENERAL REQUIREMENTS:I
I
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
3.
i
1 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 herein above shall be vested at all times in the City of
Southlake, and the Developer hereby relinquishes any right, title
or interest in and to said facilities or any part thereof.
i
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 Maintenance, Per-
formance and Payment Bonds in the name of the City for one
hundred percent (100%) of the contract price of the facilities.
Said bonds to be furnished before work is commenced.
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 requirements of this agreemtn and is not to constitute
approval of the quantities on which payment is based.
4. To delay connection of buildings to service lines of water mains
constructed under this contractuntil said water mains and service
lines have been completed to the satisfaction of the City.
IV. SANITARY SEWERS: itis understood and. agreed that sanitary facilities
shall be constructed in such a manner as to comply with all of the
following minimum requirements: Health Department requirements,
4.
Tarrant County, Texas; State Department of Health, State of Texas
requirements, Texas Water Quality Board regulations, State of Texas,
and any applicable City ordinance concerning sewer facilities.
B AND
ZVELOPMENT
ON
B Y
President
ATTEST:CITY OF SOUTHLAKE
t/BY
City Secretary Mayor F
i
t
Reference August 5, 1975, Regular City Council Meeting Minutes.
I
f
i
i
1
1
1
5.
1
139
RESOLUTION NO. 75-26
WHEREAS, the City Council of the
City of Southlake, Texas, deems it
to be to the best interest of the
City to continue its membership in
the Southern Building Code Congress
for the regulation of all construc-
tion within the corporate limits of
the City; Now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
1.
The City's membership in the Southern Building Code
Congress be renewed for the year August 16, 1975, to
August 16, 1976.
t 2.
The dues for same in the amount of $40 be paid for out of
the General Fund.
PASSED AND APPROVED, this 5th day of August, 1975.
Mayor
ATTEST:
City Secretary
140
RESOLUTION NO. 75-27
WHEREAS, the City Council of the City of
Southlake, Texas, through its duly ap-
pointed Tax Assessor, M. E. Whitesidej
has been informed of errors on the Tax
Rolls for the years of 1970, 1971, 1973,
and 1974; And,
WHEREAS, such errors have occu=# through
inaccurate information and/or clerical
errors; Now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:i
1. Cancellation Items No. 33, 34, and 35, issued July 31, 1975,
cancelling tax items totaling $23.80 for the reasons indi-
cated thereon, are hereby accepted, removing said items from
the 1970 Tax Roll.I
2. Cancellation Item No. 14, issued July 31 1975, cancelling
a tax item in the amount of $2.50, for the reason indicated
thereon, is hereby accepted, removing said item from tixe
1971 Tax Roll.
3. Cancellation Item No. 4, issued July 31, 1975, cancellingYlng a
tax item in the amount of $2.50, for the reason indicated
Ithereon, is hereby accepted, removing said item from the
1973 Tax Roll.
4. Cancellation Items No. l through 5, issued from October 4,
1974, through July 31, 1975, totaling $74.10, for the reasons
indicated thereon, are hereby accepted, removing said items
from the 1974 Tax Roll.
PASSED AND APPROVED this 5th day of August, l
Mayor
ATTEST:
t
City Secretary
I.
I