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1972-07-18 104 A G E N D A 1 REGULAR CITY COUNCIL MEETING SOUTHLAKE, TEXAS JULY 18, 1972 I. Public Hearing - ZA-72-5: Request for L District on N. W. corner of Northwest Parkway (114) and White Chapel. II. Solid Waste Franchise Proposal: Mr. Hall III. Davis Brothers: re Trailer. IV. Fire Department Report - Chief Steele ® V. Police Department Report - Chief Hughes VI. Resolution No. 72--lo: Second payment on Well #2 to Layne-Texas. VII. Resolution No. 72-1 is 701 Funding Approval for City's 1/3 Share. VIII. Resolution No. 72-1: Payment of Note Due Exchange Bank & Trust. IX. CITY MATTERS: A. Approval of Bills 1 B. Res.No. 72-13: I&S Fund at Exchange Bank C. Quarterly Cash Flow 10 105 CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL JULY 18, 1972 The City Council of the City of Southlake met in regular session" in the Council Chamber of City Hall in Southlake, Texas, on Tues- day, July 18, 1972, with the following members present: Wade Booker, Mayor Ralph Polson, Mayor Pro Tem Billy Joe Knox, Councilman W. 0. Nunn, Councilman R. D. Drummond, Councilman Frank Tetrault, Councilman Also present: William D. Campbell, City Attorney. The meeting was called to order by Mayor Booker at 7:30 P.M. The invocation was given by Councilman Knox. The minutes of the last regular meeting were approved as read. ZA~72-_5_ The public hearing on Hward Thrasher's request for L District (Light Commercial) on property located on the northwest corner of SH 114 (Northwest Parkway) and White Chapel Boulevard, described by metes and bounds in said zoning application, was opened for discussion. No one was present to speak either for or against this request. Whereupon, Councilman Knox moved that Ordinance No. 161-42, changing the zoning on two acres of land, more or less, described by metes and bounds therein, from Ag District to L District be passed; seconded by Councilman Drummond. Motion carried unanimously. Solid Waste Franchise was not discussed inasmuch as Mr. Hall was not able to appear. Discussion followed regarding an informal meeting with him at a mutually convenient time. Councilman Polson moved that the matter be tabled; seconded by Councilman Knox. Motion carried unanimously. The Davis Brothers did not appear. Fire Department Report was given by Chief Steele. Councilman Knox moved that a 1st Aid Kit for use in the Fire Department be pur- chased at an approximate cost of $27.50; seconded by Councilman Nunn. Motion carried unanimously. Police Department Report was given by Chief Hughes. The Council authorized him to have the Plymouth repaired. 106 Resolution No. 72-10: calling for payment to Layne-Texas Company Invoice No. or work done on Well No. 2 was passed and approved on motion by Councilman Polson; seconded by Councilman Nunn. Motion carried unanimously. (Attached hereto and made a part hereof.) Resolution No. 72-11: authorizing the Mayor to sign an agreement with Carter & Burgess and the Texas Department of Community Affairs for comprehensive planning on a sewer system and other related work, with the City's share of the cost in the sum of $3,090 to be paid out of the General Fund was passed and approved on motion by Councilman Knox; seconded by Councilman Drummond. Motion carried unanimously. (Attached hereto and made a part hereof.) Resolution No. 72-12: calling for payment of $6,382.64 to be made to Exchange Bank & Trust Company on a note now due and creation of a new note in the amount of $20,000 was passed and approved on motion by Councilman Knox; seconded by Councilman Nunn. Motion carried unanimously. (Attached hereto and made a part hereof.) Resolution No. 72-13: calling for the re-establishment of the Time Deposit wit Exchange Bank & Trust Company for the Interest & Sinking Fund of the Water Department for one year with a beginning principal balance of $30,079.78 was passed and approved on motion by Councilman Knox; seconded by Councilman Polson. Motion carried unanimously. (Attached hereto and made a part hereof.) Councilman Knox moved that the bills presented be approved for payment; seconded by Councilman Polson. Motion carried unanimously. Discussion followed regarding adoption of an ordinance for the control of outdoor advertising signs along the lines suggested by the Texas Highway Department in conformance with the Texas High- way Beautification Act. Council was in agreement that such an ordinance should be adopted after further study is made. There being no further business, the meeting wad adjourned. Mayor ATTEST: ~ City ecretary 30 I Council Mt s. 7418472-Pci, 2 1 107 1 1 ORDINANCE NO. 161-42 AN ORDINANCE AMENDING ORDINANCE NO. 1 161 OF THE CITY OF SOUTHLARE, TEXAS, BY AMENDING THE ZONING CLASSIFICATION OF TWO ACRES OF LAND, MORE OR LESS, OUT OF THE T. M. HOOD SURVEY, ABSTRACT 1 NO. 706, FROM AG DISTRICT TO L (LIGHT COMMERCIAL) DISTRICT. 1 WHEREAS, after receipt of request for change of zoning, notice given to applicable property owners of public hearing, 1 notice of public hearing published, and public hearing having been conducted, all in compliance with ordinance No. 161 of 1 the City of Southlake, Texas, NOW, THEREFORE, 1 Be it ordained by the City Council of the City of E Southlake, Texas: 1 SECTION 1. The certain Ordinance No. 161 passed by the City 1 Council of the City of Southlake, Texas, January 7, 1969, and insofar as the two acres of land, more or less, owned by Howard 1 W. Thrasher, out of the T. M. Hood Survey, Abstract No. 706, ~ 1 Tarrant County, Texas, more particularl described by metes and bounds as follows: f 1 BEGINNING at a point where the North line of State Highway 114 crosses the East line of a tract-of land which was conveyed to 1 H. P. Bentley and wife by R. L. Davis, and in turn conveyed by said H. P. Bentley and i wife to C. B. Cross, by deed of date October 1 21, 1940, and recorded in Book 1563, page 288, Deed Records of Tarrant County, Texas; THENCE running North with Currey's East line 370.5 feet to a stake and thence West 300 t_eC-t:o a-a' THENCE South to the North line of said High- 1 way 114; THENCE in an Easterly direction with the i _ i . I 108 North line of said Highway 114 to the place of beginning, enclosing two acres on the ' North side of Highway No. 114,'being the same property conveyed to Edna Blevins by Mrs. Hattie Cross, a widow, by deed dated ' October 15,_1943 and recotded in Book 1600, page 188, Tarrant County Deed. ;Records,: is changed from its prior zoning classification of AG District to to zoning classification of L (Service Commercial) District. ' SECTION 2. The official Zoning Map created by said ordinance' No. 161 is hereby amended to reflect the change in zoning ' classification made by this ordinance. ' SECTION 3. The said Ordinance No. 161, except as amended by this Ordinance No. 161-42 and prior ordinance amendments, re t mains in effect in all other respects as originally passed. t This Ordinance shall take effect upon its passage. PASSED THIS day of July, A. D. 1972. Mayor ATTEST: C ty ecr®tary APPROVED AS TO FORMS I 1 109 r {F r W141 W~ t 14~~f. 3-Nf'~,A I V CITY' OF--SOUTHLAKE Y "+(1 ~K- ~J,k ti'k•.lYt L.~ { 1fJ'IF , lit .1 . FIRE DEPARTMENT , n July 15, 1972 , TO HONORABLE MAYOR AND CITY COUNCIL: jl RECORD OF PURCHASE, MAKE READY, REPAIRS AND EQUIPMENT.OF j RESCUE UNIT 3008 ' I Vehicle---initial purchase $650.00 Cam shaft replace, starter and tune up 130.75 Heavy duty shocks front end 49.90 ~ l Head lam 1 .20 Battery heavy duty) 24-29 ' Set mirrors (West Coast) 1b.50. Y Upholstered front seats 135.00 Replace side panel glass 0.00 Total purchase of vehicle and make ready repair 9 7-44 AND LIST OF EQUIPMENT IN AND ON VEHICLE 8 Extinguishers and brackets (dry chem. & 002) 300.00 2 8 inch audio outside speakers and wire ;1}4.08 1 , Lettering on vehicle 25.00' Hand resuscitator and metal carrying case 50.00 2 additional masks (infant and regular) 22.00 1 Bolt cutters 36" 31.30 Hack saw 5.00 Tow chain 10.00 ' Portable power tool set (Poterpower) 159.00 ' Set pancake lights (2 red & 2 blue) .00 1 1 'Total equipment - 1.3 5-12-72 Council approval $500.00 5-16-72 Council approval 290.00 Total Council approval on equipment purchase 790.00 Amount spent on equipment to date 651.38 j; 1 Equipment purchase balance -V35-62! 1 Total money spent to date for purchase, make ready, repairs and equipment $1,598.82 ; , s.j h. Respectively submitted, R. P. Steele ~j j Fire Chief 1 j.. f 1 t`'Iy ~ F t '1 110 R. P.~Sum ~z~t _H~~•, z~ I FIRM•CHIEF WPM I-S I FIRE DEPAK'rMENT SUZO ARM .TV ~ II SOUTEMAKE FIRS DEPAH'PXM' MONTH OF M,* lg ~.I , 1.:,,TOTAL CALLS -•--r--r-------------r----r 3 O r---r-----------------r----r.~..rw.Ir rrrrr-r--rM I ,,i 3.STRUCTURE FIRSS ---------r------r----..-rr----rrM ' 4., AUTO FIRlaS -----•-•----------rr_-rr-_....-_--.»-..--.----rrr~~ , ~ 'I 5.:AUTO ACCIDENT STAND-BY ~ 0 ~ i 60MITTUAL AID ALARMS. ~ 0 7• FALSIC ALARMS 0 p ~ ~CV t n ~/~{i~i ~~iV~1 , CALLt y ~1gF7?~aVS r--......-rr --r--r-r.~--..--r-rr_ -•_rr ( ~ O I J w. _ RESCUE I 9. WC.CALLS rr--_r-----.-r--r---r. r-rr-r-r-r-r_-~-~- f .Ij 10..TOTAL NUMBER OF MAN HOURS SPFNDED - 10 hrs. 11. TOTAL. NUMBER OF MAN HOURS 1 VkVDED ON CMVICC OT,~_CTS nTUw.p IMArt WIRE DEPARTMOT OPERATIONS .~u~ 150 hra.' 12. AYPXOXIMAT&Y TOTAL MAN HOURS CFIE=iG AND MA7NTINANCP OF FIRS DEPARTKRUT SAVIPMENT--------•-----------15 hre. s NUMBER OF DRILLS DURING MONTH NUMBER., OF MAN HOURS ON DRILLS hrs. NUMBER OF MW ATTENDING MEETINGS FOR MONTHr24 ` *DOES NOT INCLUDE ANYTHING BUT ACTUAL FIRS DWART]WT DRILLS. BPSCIAL REPORT: MEN RESPONDING FOR MONTH B. Oteele 3 J.,Weddle 3 I~ f 6 J. Clifton 3 J. Strait 1 T. 3ohireder 3 R. Polson 3 W.. Booker 2 J. Chelf 2 { 2 ~ I. E. Kinohen 3 J. Joyce FIRE D.2,PARTF i4T PHONE - 2$9-2123 / P. STEEL; IRE CHI ` FIRE DEPARTNM T SUMIARY a0U'1'liLAliE b'111d bk:YAH'1'1,ir:N'1' MONTH OF ' Ju11e19--72- 1. TOTAL CALLS 10 2. ~TJ:r1::,i ?Tl a ~ 2 I 3. STRUCTURE FIRES 0 AUTO FIR.4S 5. AUTO ACCIDLOT STAi1D-BY 6. MUTUAL AID ALARMS h 1 N 7. FALSE ALAP14S I 0 CALLS S Boat Fire 1A. ~ u~UT3.;rut• _ AMBULANCE CALLS rxa a--kftak 100 10. TOTAL i1UYj38R, OF MAN HOURS EXPaDED 30 hrs. 11. TOTAL NUk3&R OF 14M HOURS EXP.&D& ON CIVIC PROJECTS MRW-.T7 TTUNr SPIRE DEPARTAY,0,11T OFERATIONS none 12. a?PROXIMATELY TOTAL MAN HOURS CHECKING AND YAINTINANCE OF FIRS: DEPARTMENT j9QUIPM.MT---------------------- 21 hrs. P1Ur;BER. OF DRILLS DURING MONTH 2 ` NUMBER OF MAN HOURS ON DRILLS 38 hrs. NUMBER OF M0 ATTENDING MEETINGS FOR MONTH---------------- 40 *DOES NOT INCLUDE ANYTHING BUT ACTUAL FIRE DEPARTM0T DRILLS. gPECIAL REPOR Men responding for month D. Cordes - 4 J. Clifton - 2 J. Shelton - 2 { T. Schneider 10 B. Steele - 3 J. Chelf - 1 R. Polson - 7. J. Weddle - 4 D. Hughes - 1 j. . Clifton - 3 T. Schirman - D. Gaddy -,I I S. White - 1 R. Bridgewater - 3 E. Kinchen - 1 E. Seydler - 2 J. Joyce - 3 ~ E 112 CITY of SOUTHLAKE INCORPORATED 1956 PHONE 481- 3567 P. 0. BOX 868 SOUTHLAKE. TEXAS 76051 II July 3, 972 Honorable Mayor and City Council ; t1 Police Department report for the month of June, 1972jl ,J Tickets issued in May 167 Tickets issued in June 107 Fines written in June Fines paid in June $2291.50 2944.00 Fines paid by Highway Patrol 100.00 r Persons in fail in May N 22 ' Persons in jail in June 11 P Traffic accidents in May 5 Traffic accidents in June 4 Burglaries investigated in May 3 Burglaries investigated in June 1 Approx. total value taken in burglaries in June $339.50 f Approx. total value recovered in burglaries in June 00.00 f t Thefts investigated in May Thefts investigated in June 3 I Approx. total value taken in thefts in June $1,930.00 Approx. total value bebovered: in thefts in June 75.00 Number of calls in May 101 Number of calla in June 81 f Miles driven in May G Miles driven in June 9'565 ?,391 Speedometer reading on Unit #2 (71 Ply.) 66,383 I.. Speedometer reading on Unit #3 (72 Ford) 39,641 spec full a bmitted, Douglas Hugh s Chief of Police k a DH/jh • E t: i OWN 113 ' RESOLUTION NO. 72-10 ' WHEREAS, the City of Southlake has contracted with Layne Texas Company to drill a well at Well Site #2, located at White Chapel Avenue, north of Southlake Boulevard; And ' WHEREAS, Layne Texas Company has now submitted Invoice No. 2 (D-4293) for payment in the ' amount of $11,2313':04 for work done thus far; Now ' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. ' The Mayor be authorized and is hereby d' erected to make payment as outlined hereinabove. 2. Such payment be made from funds from the sale of the 1972 General ' Obligation Bonds. PASSED AND APPROVED this 18th day of July, A. D. 1972. ' Mayor 1 1 ATTEST: City Secretary i i i i ' RESOLUTION NO. 72-11 ' WHEREAS, the City Council for the City of Southlake, Texas, finds it necessary for comprehensive planning to be done ' in the area of a future sanitary sewer system; And ' WHEREAS, the City Council for the City of Southlake, Texas, wishes to have its city planners, Carter & Burgess, Inc., ' perform such scope of services as is outlined in the attached agreement, made a part hereof; And ' WHEREAS, the Texas Department of Community Affairs has indicated its willingness to bear two-thirds of the total cost of such ' planning; Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1 ' The Mayor be authorized and is hereby directed to sign all copies of the attached agreement for comprehensive planning as outlined therein. 2. The City's one-third share of the total cost of such ' planning, in the amount of $3,090.00, be paid out of the General Fund. ' PASSED AND APPROVED this 18th day of July, A. D. 1572. Mayor ' ATTEST: r City Secretary 1 COMPREHENSIVE PLANNING CONTRACT CITY OF SOUTHLAKE, TEXAS AND CARTER & BURGESS ' AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS r THIS AGREEMENT, entered into this day of .w L . a 5 r 1 1972, by and between the Texas Department of Community Affairs, hereinafter referred to as the "Local Planning Assistance Agency" or "Agency" and the City of Southlake, Texas, hereinafter referred to as the "Municipality" and Carter & Burgess with the principal office located in Fort Worth, Texas, hereinafter referred to as the "Consultant" witnessth that: WHEREAS, under the provisions of Title VII, Section 701 of the Housing Act of 1954, Public Law 560, approved the 2nd day of August, 1954, as amended, funds are being made available by the Department of Housing and Urban Development for the planning assistance, including among other things the preparation of a general development plan, administrative control measures and other planning work in certain localities of the State of Texas; and, WHEREAS, the 61st Legislature of the State of Texas, House Bill #1219 Regular Session, Chapter 429, Page 1449, has authorized CARTIER RECEIVEL & BURGEEk µ U G 15 1972 EHC ~..~..,~BSEi_~.._. JJB------~-W==- WNHL_.,._--JHM.... C l t ti the Governor or his designated representative, upon request of the i governing body of any political subdivision or the authorized agency of any group of political subdivisions; (a) to arrange planning assis- tance (including surveys, com-nunity renewal plans, technical services, and other planning work) and to arrange for the making of a study or report upon any planning problem of any such political subdivision or 1 political subdivisions submitted to the Governor or his representative; (b) to agree with such governing body or the agency of such governing ' bodies as to the amount, if any, to be paid to the Governor's Office for such service; and, (c) to apply,for and accept grants from the Fed- eral government or other sources in connection with any such assistance, study or report, and to contract with respect thereto. The regular func- tions of the Office of the Governor or other state agencies may be uti- lized in this program; and, WHEREAS, the 62nd Legislature of the State of Texas, Senate Bill 480 Acts of the 62nd Legislature, Regular Session, 1971, Chapter 879, ?age 2697, codified in Vernon's Civil Statutes as Article 4413 (201) 1 VCS, created the Texas Department of Community Affairs and authorized the Governor to transfer personnel, equipment, records, obligations, appropriations, functions, and duties of the Division of State-Local Relations and of other appropriate divisions of his office to the Department of Community Affairs; and, WHEREAS, by Delegation of Authority duly executed and becoming -2- effective immediately on July-26, 1971, the Governor has authorized ' the Executive Director, Texas Department of Community Affairs, to ex- ercise the functions, powers and duties vested in the Governor by law relating to the administration of local planning assistance, and, ' WHEREAS, it is the intention of the Local Planning Assistance Agency to use the funds provided for under Section 701, Title VIZ, 1 Housing Act of 1954, 83rd Congress, 68th Statute 590, as amended; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties hereto and legally intending to be bound thereby, do covenant and agree for them- selves and their respective successors and assigns as follows: ARTICLE I ' CONSULTANT A. The Local Planning Assistance Agency hereby agrees to engage the; Consultant and the Consultant hereby agrees to perform the services ' hereinafter set forth in connection with the project of the Agency under the Comprehensive Planning Contract. B. The Consultant shall perform all the necessary services provided under this Contract in connection with and respecting the planning area as delineated in Article XIV of this Contract. C. All of the services required hereunder shall be performed by the Planner-in-Charge or under his direction. The Planner-in-Charge shall ' furnish his personal services and time in the amount necessary to ' .-3- 77 accomplish effectively the planning work proposed in this Contract. ' The Consultant shall secure at his own expense all personnel required to perform his services under this Contract. Personnel performing or ' supervising the performance of engineering, architectural, legal or other similar professional services, who by Statute are to meet stated qualifications, shall be registered or licensed when so required. D. None of the work or services covered by this Contract shall be subcontracted without prior ~ written approval of the Local .P1annin g Assistance Agency. E. The scope of the work to be done under this Contract shall be sub- ject to modification and supplementation upon the written agreement of the duly authorized representative of the contracting parties. How- ever, should the contracting parties be unable to agree unanimously, I~ then the recommendations of the Local Planning Assistance Agency shall prevail, such recommendations to be given in writing. No modification ' of the terns of this Contract shall be made that would change the total ' contract price, unless such changes, including any increase or decrease in the amount of the Consultant's compensation, are mutually agreed by and between the Local Planning Assistance Agency, the Consultant and the Municipality and shall be incorporated in written amendments to ' this Contract. F. The Local Planning Assistance Agency shall be the final judge of ' the quality of the work performed. G. The work accomplished by the Consultant under this Contract shall -4- be reviewed by the Municipality at such times as are considered neces- sary by the Local Planning Assistance Agency and the approval, disap- proval, or suggestions of the Municipality shall be reported in writing to the Agency, at such times as the Agency may request, or as deemed necessary by the Municipality. H. The Consultant shall provide copies of all draft, interim and final reports to the Local Planning Assistance Agency and the Municipality, such reports to include textual material and maps. Draft and interim reports shall be presented upon completion and final reports shall be delivered not later than the date of termination of this Contract and in quantities stated in the Contract. Progress reports, as required by the Agency, shall be made from time to time in amounts and on the forms specified by the Agency. 1. All material developed or acquired by the Consultant for work done under this Contract, including, but not necessarily limited to, base :naps, study :naps, air photographs statistical tabulations publications - , studies, reports, etc., shall become the property of the Municipality's planning commission and shall be delivered to the Municipality by the Consultant not later than the date of the termination of this Contract. J. The Consultant shall not assign any interest in this Contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without prior written consent of the Local Planning Assistance Agency thereto; provided, however, that claims for money due to or to become due the Consultant from the agency under this Contract may be assigned to a bank, trust company or other financial -5- f ® institution without such approval. Notice of any such assignment or ' transfer shall be furnished.promptly to the Agency. K. The Consultant shall accept full responsibility for payment of un- employment insurance, premiums for workmen's compensation and social security, as well as all income deductions and any other terms or pay- roll deductions required by law for his employees engaged in the work ' authorized by this Contract. L. The Consultant shall save harmless the State and the Xunicipality from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any ' neglect or misconduct by the Consultant or any employee, or on account of any claims or amount recovered from any infringement of patent, ® trademark, or copyright, or from any claim or amounts arising or re- covered under the 'Workmen's Compensation Laws" or other 'Laws. The Consultant shall not be released from such responsibility until all a claims have been settled and suitable evidence to the effect furnished the Local Planning Assistance Agency. ARTICLE II MUNICIPALITY A. The Municipality agrees to make available to the Consultant all maps, records, and data on rile that will assist the Consultant in the discharge of the services herein contracted. B. The Municipality, its officials, and employees and the members of the Planning Commission and the Commission's staff shall cooperate with -6- r r the Consultant and the Local Planning Assistance Agency in the discharge of their responsibilities under this Contract and will be available for r consultation with the Consultant and the Agency at such reasonable periods as not to conflict with their own responsibilities. ' C. The Municipality agrees that the services of the Municipality's Attorney shall be used at no cost to the Consultant or Agency in pre- paring zoning, subdivision or other regulatory controls, if included ' r 5 within the scope of services of the Contract, in the form of ordinances and/or regulations in accordance with applicable State Statutes and local legal requirements and in a form suitable for adoption by the Municipality's governing body. i ARTICLE III FINANCIAL OBLIGATION OF THE LOCAL PLANTATING ASSISTANCE AGENCY A. It is the understanding of all the parties to this Contract that the Local Planning Assistance Agency, by joining in this Contract, does not pledge or promise to pledge the assets of the State of Texas or any State Agency, nor does it promise to pay any part of the contract , sum provided for in this agreement from any monies of the State of Texas except such monies as shall have been granted and paid to the State of Texas for this project by the Department of Housing and Urban Development of the United States Government, and such monies as shall have been contributed to the State of Texas by the Municipality ® r 1 r under the provisions of Article XVII of this Contract. B. It is further understood and agreed by the parties that in the event a Contract is not concluded between the Local Planning Assistance Agency and the Department of Housing and Urban Development covering the project in which the Municipality is included, or should the De- partment of Housing and Urban Development for any reason disapprove this Contract or refuse to make grant funds available to the Agency for the purpose of carrying out the intent of the Contract then this Contract shall be void and shall not be binding on any of the parties hereto. ARTICLE IV DIRECTION OF WORK ' A. The work done by,the Consultant's staff and associates shall be under the personal supervision of the Planner-in-Charge. B. In the aforesaid supervision, the Planner-In-Charge shall act in harmony and coordination with the Municipality and its Planning Commission and with the Local Planning Assistance Agency. C. In order that the Local Planning Assistance Agency may meet its obligations to the Federal Government with respect to supervision or program content and technical quality of the work to be performed by the Consultant under this Contract, the work to be done by the Consultant under this Contract shall be,in conformance with the highest standards of comprehensive planning. -8 D. In the event of any disagreement between the Consultant and the Municipality or the Local Planning Assistance Agency, the recommendation of-the Agency shall prevail. ' ARTICLE V EQUAL EMPLOYMENT OPPORTUNITY ' CONSULTA'T t r (a) The Consultant will not discriminate against any employee or 4 applicant for employment because of race, color, religion, sex or national origin. The Consultant shall take affirmative action to , ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and edu- cational activities. The Consultant agrees to post in conspicuous ' places available to employees and applicants for employment notices to be provided setting forth the provisions of this non-discrimination clause. The Consultant will in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment ' without regard to race, color, religion, sex or national origin. The Consultant will cause the foregoing provisions to be inserted ' in all subcontracts for any work covered by this Contract so that r 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. (b) The Consultant ' shall keep such records and submit such reports ooncerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. (c) The Consultant agrees to comply with such rules, regula- tions or guidelines as the Secretary may issue to implement these require- ments. " MUNICIPALITY (a) The Municipality"will not discriminate against any employee or applicant for employment because or race, color, religion, sex or national origin. The Municipality shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Municipality agrees to post in con- spicuous places available to employees and applicants for employ- ment notices to be provided setting forth the provisions of this non-discrimination clause. The Municipality will in all solicitations or advertisements for employees placed by or on behalf of the Munici- pality, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national ® origin. The Municipality will cause the foregoing provisions to be -10- RPM r inserted in all subcontracts for any work covered by this Contract so ® that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcon- tracts for standard commercial supplies or raw materials. (b) The Municipality shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. (e) The Municipality agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. ` ARTICLE VI INTEREST OF MEMBERS OF LOCAL PLANNING ASSISTANCE AGENCY AND OTHERS No officer, member, or employee of the Local Planning Assistance Agency, and no public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal or pecuniary interest, direct or indirect, in this Con- tract or the proceeds thereof. ARTICLE VII INTEREST OF CONTRACTOR The Consultant covenants that he presently has no interest and shall not acquire any interest direct or indirect, which would conflict ' in any manner or degree with the performance of services required to ' be performed under this Contract. The Consultant further covenants that in performance of this Contract no person having any such interest shall ' -11- i be employed. ARTICLE VIII FINDINGS CONFIDENTIAL ' Any reports, information, data, etc., given to or prepared or assembled by the Consultant under this Contract which the Municipality or the ' Local Planning Assistance Agency requests to be kept as confidential S shall not be made available to any individual or organization by the 1 Consultant without the prior written approval of the Agency. ARTICLE IX OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America ' shall be admitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE X IDENTIFICATION OF DOCUMENTS All reports, maps and other documents completed as a part of this Con- tract, other than documents prepared exclusively for internal use within the Local Planning Assistance Agency, shall carry the following notation on the front cover or a title page and on the face of maps: -12- ® PREPARED THROUGH THE COOPERATION OF THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF TEXAS The preparation of this report was financed in part through a comprehensive planning grant from the Department of housing and Urban Development. ARTICLE XI COPYRIGHT No reports, maps or other documents produced in whole or in part under ® this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. ARTICLE XII TERMINATION OF CONTRACT A The Consultant shall have completed all work covered by this Con- tract and this Contract shall terminate as specified herein unless ex- tended by mutual consent of the Local Planning Assistance Agency, the Municipality, and the Consultant. In the event that work is not com- pleted by that date and mutual consent of the three parties for ex- tension of the Contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Consultant, -13 - paragraph C of this section shall apply; (2) if refusal to extend is ' by the Local Planning Assistance Agency, termination shall occur on the date specified in the Contract or in any subsequent extension and, (3) if refusal to extend is by the Municipality, paragraph D of this section shall apply. j ' B. This Contract may be terminated prior to the expiration of the con- tract period mentioned by unanimous written agreement by the three parties to this Contract.— C. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Con- sultant shall violate any of the covenants, abreemments or.stipulations of this Contract, the Local Planning Assistance Agency shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of .such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, ' surveys, drawings, maps, models, reports, photographs, etc., prepared by the Consultant under this Contract shall, at the option of the Local Planning Assistance Agency, become the Agency's property and the Con- sulta.t shall be entitled to receive just and equitable compensation for any satisfactory work con<<pleted on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Agency or the Municipality of damages sustained by the Agency or the Munici- pality by virtue of any breach of the Contract by the Consultant, and the Agency may withhold any payments to the Consultant for the purpose of -14- set-off until such times as the exact amount of damages due the Agency and the Municipality from the Consultant is determined. ' D. The Local Planning Assistance Agency may terminate this Contract at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least 15 days before the ' effective date of such termination. In that event, all unfinished doc- uments and other materials as described in paragraph C ghall, at the option of the Local Planning Assistance Agency as provided herein, become ' its.property. If the Contract is terminated by the Agency as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments of compensation previously made. E. Upon request in writing from the Municipality, the Contract may be terminated by the Local Planning Assistance Agency prior to the expira- tion date of the Contract. If such termination is agreed to, then can- cellation shall be in conformance with the terms set forth in paragraph D of this section. ARTICLE XIII OFFICE SPACE The Municipality agrees to make available to the Consultant, without charge to the Consultant or Local Planning Assistance Agency, the space needed for compiling data from City records and the Consultant hereby agrees not to include any charge for such space in his fee. The space shall be furnished only with available furniture and shall not include special equipment. -15 ARTICLE XIV SCOPE OF SERVICES ' The Consultant shall prepare elements of a comprehensive plan to guide the development of the Municipality for the forthcoming twenty years. The Planning Area shall be the corporate area of the Municipality plus an area around the corporate area which includes the Municipality's present area of ' extraterritorial jurisdiction. The planning work shall be undertaken and I ~ ' accomplished with due consideration of and in coordination with plans for future growth of all adjacent urban areas. The plans and protrams prepared as a part of this project shall be coordinated with those of the North Cen- tral Texas Council of Governments. The Consultant shall review maps, materials and.reports, if available, in the office of the North Central Texas Council of Governments pertaining to this scope of services to ascertain the feasibi- lity of using such data or information in the preparation of these planning 1 elements. Wherever appropriate, the Consultant shall use regional information provided by, or pertaining to, North Central Texas State Planning Region,(4), represented by the North Central Texas Council of Government. A. Base Mapping 1. Aerial Mosaic An aerial mosaic shall be prepared of the planning area using the la- test available aerial photographs of a scale of 1" = 800'. The mosaic shall be base mounted and become a part of the Municipality's permanent ' mapping. B. Population Projection - Housing - Goals and Objectives ' 1. Population a. A study and analysis shall be prepared of the Municipality's past ID -16- u- population growth in sufficient detail to make twenty year popu- lation projections, by five year increments for the plannnng period and planning area. The study and analysis shall as a minimum in- clude the following: (1) Projection based on relationships of population growth to , growth of the County and region; (2) Projections derived at from estimates of future employment.; ' (3) An identification of population projections by other govern- mental agencies. b. Identify growth trends and patterns since publication of the 1970 U.S. Census of Population. t c. Identify subdivision development since publication of the 1970 U. S. Census of Population. d.. In consonance with the Dallas/Fort Worth Regional Airport develop- ment, prepare a future population distribution plan on a planning area map scaled at 1" - 800'. Such plan prepared, shall as a minimum illustrate the following: (1) The existing and future population distribution by symbols; (2) Noise exposure contours developed and/or presented through the North Central Texas Council of Governments. 2. Housing Work Program a. General Policy In accordance with the Housing and Urban Development Act of 1968, .all assisted planning shall include "a housing element as a part of the preparation of comprehensive land use plans and this consid- eration of the housing needs and land use requirements for housing ' in each comprehensive plan shall take into account all available -17- evidence of the assumptions and statistical bases upon which the projection of zoning, community facilities, and population growth is based; so that the housing needs of both the region and the lo- cal communities studies in the planning will be adequately covered ' in terms of existing and prospective in-migrant population growth". The rational for the Housing Element in local plans is the urgent necessity to understand the nature and dimensions of housing needs and set these needs in an appropriate action framework through which they can be met. b. Housing Goals The housing goals of the Local Planning Assistance Program are: (1) Assure that housing concerns and needs become an integral part of the community planning and management process; ® (2) Eliminate effects of past discrimination in housing based on race, color, religion, or national origin and provide safe- guards for the future; ' (3) Develop housing growth policies which would insure the pro- vision of an adequate supply of housing, a variety of housing types, and proximity of housing to jobs and daily activities; and, (4) Provide a decent residential environment throughout the planning area by ensuring that all housing receives a proper and equitable delivery of public facilities and services. c. Preparation of the Housing Work Program (1) The Municipality's housing work program must be included as a part of its Comprehensive Plan. The housing work program must be coordinated with the other planning and management -18- ~f NNONNOW 0- activities identified in the Scope of Services. 2 The Consultant shall prepare a housing work program which analyze the existing housing market in terms of supply and demand by user group. The work program shall further identify: (1) Needs met by the private market; (2) Needs met with public assistance; and, (3) Needs not being met. (3) The housing work program shall: (a) Identify-and analyze the need, problems'and opportunities for the construction, conservation and rehabilitation of f all housing in the planning area; (b) Define strategies and specific steps by which housing needs, and related public services and facilities, can be met through responsive governmental programs and pri- vate actions; (c) Recommend a system for providnng housing planning, pro- gramming and technical services; and, (d) Be coordinated with and build upon the housing efforts of other public and private agencies having housing programs and coordinated with all units of government within the planning area. (4) The housing work program, including any zoning and subdivision regulations prepared or revised, must promote equal housing opportunity. -19-- 3. Goals and Objectives " ' a. Preliminary goals and objectives and planning standards and/or prin- ciples used in the preparation of comprehensive planning elements shall be submitted to the Municipality. The Consultant shall conduct at least one public meeting for the purpose of assisting the Municipal 1 Agencies (Planning Commission, Citizens Advisory Committee, elected 1 officials and City employees) in formulating specific goals for the purpose of providing overall guides to the planning process. t b. The Consultant shall make an analysis of physical, economic and social development of the area in the preparation of preliminary goals and objectives to include, but not necessarily limited to the following: (1) Physical development 1 (a) Community facilities and services; (b) Housing development and redevelopment; 1 (2) Social development I (a) Education and population; (b) Governmental; (c) Health and welfare. c. Planning standards and/or principles to be submitted by the Con- sultant for review by the Municipal Agencies; in formulating goals and objectives shall include, but not be necessarily limited to the following: (1) Population Distribution and Densities; (2) Utilities. 4. Draft Report Prepare and present draft copies of work accomplished under item "B" above. i -20- i C. Utilities Environmental Assessment Administrative Controls 1. Sanitary Sewerage System a. A study and analysis shall be made to determine the Municipality's ' need for a sanitary sewerage collection and treatment facilities. The study and analysis shall as a minimum include the following: ' (1) An identification of the number of septic tanks or other ' disposal methods in use within the corporate and planning areas of the Municipality; (2) Using published data, identify soil composition and charac- teristics as related to the operations of septic tanks and ' other sewerage disposal methods; (3) Identify existing and potential health problems created as a result of existing methods used in sanitary sewerage dis- posal. b. In consonance with the future population distribution plan pre- pare a future sanitary sewerage collection and treatment plan for the planning area on a map scale at 1" = 800'. Such plan pre- pared shall be in consonance with criteria of the Texas Water Quality Controls Board, the Texas State 'Department of Health and the Trinity River Authority. The plan shall also include approxi- mate cost, phasing of priorities and r.,=~ible sources of funding ~I for inclusion into a capital improvements program. 2. Environmental Considerations a. General Policy Planning activities funded under the Local Planning Assistance A- gency must be conducted in full accord with the policies and pro- visions of the National Enviornmental Policy Act of 1969.(P.L.91-190) (1) "Environment'! included the social, physical and natural 0 -21- environments, including geographical features and animal and plant life. ' (2) The "environment" may be dealt with directly through govern- mental policies and coordination. Examples of environmental ' considerations are: air and water pollution, erosion con- trol, natural hazard, land use planning and management, site selection and design, subdivision development, con- servation of flora and fauna, urban congestion, population density,'displacement and relocation resulting from public or private actions or natural disaster, ngise pollution ' urban blight, code violations and building abandonment, prevention of suburban sprawl and other. b. Environmental Goals The environmental goals of the Local Planning Assistance Agency are: (1) To improve and conserve the quality of the air, water and earth resources for the benefit of present and future generations in the planning and shaping of man-made environ- ments; (2) To assure that environmental concern and awareness become an integral part of the comprehensive planning process, since comprehensive planning is a major means for accomplishing community development on a sound environmental basis; (3) To achieve those goals set forth in the Technical Environ- mental Policy Act of 1969 (Section 101), some of which are: (a) assure for all Americans safe, healthful, pro- ductive and aesthetically.and culturally pleasing sur- 10 -22- (b) . . attain the widest range of beneficial uses of ' the environment wthhout degradation,.risk to health or safety, or other undesirable and unintended consequences; (c) . .achieve a balance between po?ulation and resource ' use which permit high standards of living and a wide sharing of life's amenities." C. Inclusion of Environmental Planning in the Comprehensive Planning Process The Consultant, in the developmental planning aspects of the ' Comprehensive planning work, shall: (1) Identify salient elements of the natural and the man-made ' environments, their interrelationships, and major problems and/or opportunities they present for community development; (2) Assess those environmental factors which will: (a) Minimize or prevent undue damage, unwise use, or un- warranted pre-empting of natural resources and oppor- tunities; (b) Recognize and make prudent allowance for major latent environmental dangers or risks (e.g. floods, mud slides. earthquakes, and air and water pollution); (c) Foster the human benefits obtainable from use of the natural environment by wise use of the opportunities available (e.g. use of natural drainage systems for park and recreational areas); (3) Seek, under the above policies and goals, to: (a) Avoid adverse environmental impacts on neighborhood or community areas through the planning and careful location dnd development of community facilities; (b) Provide environmental amenities to all area being planned -23- for, and access to such amenities; ' (c) Equalize the impact and burden of community change and ® development on.living areas where "sites are cheap" , ' (d) Incorporate applicable State environmental policies and standards, particularly those developed in response to Federal law regarding protection of air and water quality and control and abatement of noise. d. Environmental Assessment The Consultant shall prepare an environmental assessment on the l planning program aspects which result in developmental plans or policies for land use, major community facilities, major utility systems, major transportation systems or the protection of natural areas (estuaries, coastal zones, etc.). The assessment,which. shall ' not be written as a justification for any proposed project, program, task or policy, shall: 1 (1) Include the follwoing: (a) A summary or abstract of the proposed plan or policies; (b) The environmental impact (beneficial as well as adverse) of the proposed plan or policies, if they are carried out; (c) Any adverse environmental effects wiich cannot be avoided should the proposed plan or policies be implemented; (d) Alternative to the proposed plan or policies and an analysis of those alternatives; (e) The relationship, under the proposed plan or policies, between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; (f) Any irreversible and irretrievable commitments of • resources which would be involved of the proposed plan or policies should be implemented; -24- (g) A statement setting forth applicable Federal, State and local environmental controls. (2) Be appended to the plan and accompany the plan through all deliberations leading to approval.` e. Municipal Obligation The Municipality shall conveniently locate copies of the plan and the environmental assessment in City offices and shall make them available to the public on a timely basis, including availability before public hearings regarding the plan. 3. Administrative Controls 1. Subdivision Ordinance a. Engineering, Construction Standards and City Participation Policy. (1) The Consultant shall review the Municipality's existing subdivision ordinance with the intent of preparing amend- ments that will specifically spell-out engineering and construction standards, and policy regarding city parti- cipation is cost sharing of over-sized utility systems. The amendment to be prepared shall as a minimum consist of the following: (a) A statement of subdivision approval procedures, in- cluding those applicable to the submission of -25- preapplication plans, preliminary plats, and final plats; CO (b) Requirements as to drafting standards and form presentation, and as to the kind of data to be shown on all documents required to be submitted; (c) Standards and design requirements for blocks .(length, width, cross-walks, easements etc.) lots (size, shape, and minimum dimensions) streets and alleys (location, width, etc.) names of the subdivision and its streets, public spaces and related uses; (d) Requirements applicable to grading plans and pro- files, where applicable; (e) Required improvements, including monuments, street grading, paving, curbs; water and sewer lines, and 3 other required facilities; 3 (f) A statement regarding the financing of utilities and facilities (i.e., those paid for by the sub- divider verses those which the municipality will pay for). 2. Prepare and present draft copies of work accomplished under item "B" above. D. Interim Report 1. An interim report shall be prepared of the draft reports as approved in this through the checkpoint review process as specified elsewhere contract. The interim report shall be designed and assembled so as 140 to present the overall aspects of these planning elements to the -26- 1 general public and shall clearly define the interrelationship among the various elements. The interim report shall represent the culmination and ultimate aims of the planning process, and shall contain recommendations for element implementation. E. Citizens' Participation and Planning Administrator 1. Citizens' Participation a. A "mechanizm"• (citizens committee) designed for citizens ' participation shall be established by the Municipality to provide a means for area residents participation in the planning process. 4 'Citizens (other than the governing body) shall formally be in- volved in the development of community Goals and Objectives, review of planning proposals, the establishment of priorities, and the development of programs for area needs. I b. The views of low-income families and minority groups shall be solicited and recognized through the established Citizens' Committee. 2. Planning Administrator The Municipality shall assign a permanent staff member as Planning Administrator to administer the planning program. The Planning Ad- ministrator shall have at least a part-time responsibility for the planning program of the community. F. Planner-in-Charge 1. During the period of the Contract, the Planner-in-Charge shall be Bart Bradford, The Planner-in-Charge shall attend a minimum of one ' meeting per month during the period of the contract for the purpose of obtaining substantial understanding the ' participation. in the total planning process for the Municipality. Should the Planner-in-Charge -27- become unable to continue with the discharge of his duties under this contract, the firm of Carter & Burgess, Inc. shall immediately notify the Planning Assistance Agency and all work under this Contract shall be suspended until the services of a person meeting the Agency's f qualifications for a Planner-in-Charge have been obtained and until this Contract has been amended to replace Bart Bradford as Planner- in-Charge with the person meeting the Agency's qualifications for Planner-in-Charge. 2. The Planner-in-Charge.shall present published reports to the munici- pality's planning commission at scheduled meetings. 3. The Planner-in-Charge shall advise the Municipality's Planning Com- missica in the administration and procedures to carry out current planning duties and those concerning zoning and subdivision plats during the contract period and within contractural limitations. 4. The Planner-in-Charge shall assist the Municipality's Attorney in the preparation of the administrative ordinance in a form suitable for adoption by the City Commission. 5. During the period of the contract, the Planner-in-Charge shall attend the hearings prescribed by State Statues and local codes as prerequisite to the adoption of the administrative control ordinances by the City Commission. 6. Prior to the preparation of the Interim report, the Planner-in-Charge shall furnish the Planning Assistance Agency in quntuplicate, a re- y~ port summarizing his activities in coordinating the proposals contained in the interim or preliminary reports with interested checkpoint re- view agencies or officials and summarizing the comments by each agency or official on the preliminary plans reviewed. Checkpoint reveiw -28- . agencies or officials shall include the Municipality's Governing Body, Planning Administrator, the Planning Commission; the North Cen- tral Texas Council of Governments, and other local, State, or Federal agencies that have an official interest in one or more phases of the Municipality's planning program. G. Reports and Publications 1,. The following individual publications.shall be prepared and the stated number of copies shall be delivered to the appropriate Agency as in- dicated: s a. Draft Reports Item Title Municipality DCP Date Due B Population-Housing-Goals and Objectives 15 4 Sept. 1972 C Community Utilities ' Environmental Assess- ment and Administrative Controls 15 4 October, 1972 b. Interim Report Item Title Municipality DCP Date Due D Interim Report 35 15 November 30,1972 2. The final report (Interim Report) produced as a work item under this Contract shall contain an abstract of the report on the page after the cover. The abstract shall be short and unambiguous and shall comply with the National Technical Information Services Form NTIS-35 (10-70). 3. Deliver the following mapping to the Municipality as indicated below: Description Scale Reproducible Print a. Aerial Mosaic 1"=800' - 1 b. Existing & Future Population Distribution 1"=800' 1 1 ® c. Existing & Future Water Distribution System 1"=800' 1 1 Description Scale Reproducible Print d. Soils Map 1"=800' 1 1 e. Proposed Sanitary System 1"=800' 1 1 4. Reduced size prints*.in usable form of all maps, except color-coded maps, shall be prepared and included in the appropriate report. 5. The Planning Assistance Agency shall be furnished five copies of each chart, graph, map or similar material that is prepared as a part of this planning project but not included in published form. Five 8" x 10" photographs or reduced prints may be submitted 5 in lieu of full eevi-e scale prints. ARTICLE XV SCHEDULE OF PLANNING SERVICES A. No work shall be commenced under this Contract and no obligations for any payment under this Contract shall be incurred until the planning representative of the Municipality and the Consultant have been advised in writing by the Planning Assistance Agency that both Federal funds and funds of the Municipality have been made available to the Agency for the purpose of this Contract and that, accordingly, work should commence. B. Following notification to commence the Consultant shall proceed with his services in such sequence as to insure their expeditious completion in the light of the purposes of this Contract. But in any event all the services required hereunder shall be completed and submitted to the Munici- pality and the Planning Assistance Agency on or before November 30, 1972 ARTICLE XVI COMPENSATION TO CONSULTANT A. For and in consideration of the services to be furnished by the Consultant, the total amount payable by the Planning Assistance Agency under'this -30- Contract shall be the sum of $9,000 which shall constitute full and complete compensation for the Consultant's services hereunder. B. The Planning Assistance Agency shall, upon requisition, compensate the Consultant in the amount provided herein after the specified work has been delivered and accepted, except that ten percent of each payment shall be retained until the Consultant has complied with all the require- ments of this Contract and until the Planning Assistance Agency has received all Municipal and Federal funds payable under this project: Contract Item Title Cost or Fee A Base Mapping $700 B Population-Housing-Goals and Objectives 3,650 C Community Utilities-Environ- mental Assessment-Administra- tive Controls 3,650 D Interim Report 1,000 Should provision of,Article XII be effected, the sub-items shall be used to determine the value of services rendered. C. It is expressly understood and agreed that under no event will the total compensation and reimbursement to be paid herein exceed the maximum sum of $9,000 for all services required. CONTRIBUTION BY MUNICIPALITY ARTICLE XVII I A. It is agreed between the parties that the Municipality shall cause to be paid to the Local Planning Assistance Agency the sum of $3,090 which monies represent contribution by the Municipality for its portion of pro- ject costs. I B. The contribution provided for in "A" above shall be paid by the Municipality -31- I to the Local Planning Assistance Agency as follows: $1,545 at the time the Contract is signed; $1,545 on or before completion of 50 per cent of the specified work IN WITNESS WHEREOF, the parties hereto have executed this agreement 1 the day and year first above written. ' LOCAL PLANNING ASSISTANCE PROGRAM CONSULTANT D~ BY -7c-P BY ul~ Paul G. Reyes, AIP, D~frector Eugene Carter, President Division of Comprehensive Planning Carter YBurgess, Inc. ' MUNICIPALITY APPROVED AS TO FORM ATTORNEY GENERAL OF TEXAS BY 6tloXt~' BY V & ~ ' Wade Booker, Mayor Assistant City of Southlake 1 lip -32- ' i 1 , • ` s u V e E: v o ° > r W • 0 Y ° %0 w lrlb °i 1 Etg.2 ro W I p°° o • •-I F N O e, 1 8 00 o'Oa, u t a ca z 1 e 1' BLEB 'e W q O i o w• o L. rfi O "0 1 itlE o o c o.-« I n• • W o 1 • c o ~ ~ Z+ p 1 e±.o •o -r4 - WN I e~ o° c 41 0 ° ; $ W o c- $ ' W Z 0 LL z 1 Zo0 o N 1 ~`i« W V} e-I a I • r • Q ~ ~1 T °p~o 4 e h C 1 g G V c Vl c G Z J ua_wc g I J W t a( • ~ooet" p O rc OC I« _ s c f F ~ 1 IL e IL 0 LL u b F 68`YpO r > c E a. • - w IL c < a `O c 't CO -o S. a J 0% a / ~u~ ° n i t I II!' W yEs Ol r I o ` m t .i o o° $e d x . I It Qa tbl S ~E3~a°a • 5. 1 ~7t e 43 OJ Z •ri ` - o h o ~ o (d c t-c a b : E u~ gow a c Z ~ ro ' c- Z c LL { d' x {IW/I i i, o A, w 1 O `«O bO w . f I O V/ s o o.oz : q 13 ro W 'u oo••• c r•1 p t E•> a• t x a- D IC > gay o 2 • G F e.•. O r r' c o w M b l 1 F r1 «5x°«-o~S ,'`/•"°''/'1 I ~ l Q. ~ 1 1"~ tl O _r ~ ~Q r 3 Y Y p I ' cc c .2 w a. a a ox 116 I I RESOLUTION NO. 72-12 WHEREAS, the City of Southlake created a promisory note payable to Exchange Bank ' & Trust Company to pgy for land and also for the purchase of the 1971 patrol car; And WHEREAS, Exchange Bank & Trust Company has submitted Note No. 98601 for payment ' in the amount of $26,382.64 for principal and interest due thereon; Now ' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: i. 1. The Mayor be authorized and is hereby directed to make payment ' on said note described. above. 2. ' Such payment be made from funds in the Tax Account to be transferred to the General Fund and a new note created in the principal amount of $20,000.00, payable one year from ' July 13 1972. PASSED AND APPROVED this 18th day of July, A. D. 1972. Mayor ' ATTEST: e-Ii City Secretary i I' 1 1 RESOLUTION NO. 72-13 1 WHEREAS, the City of Southlake, Texas, is obligated to make payments annually to 1 Farmers Home Administration in order to retire outstanding Revenue Bonds; And 1 WHEREAS, a Time Deposit-Open Account is established annually in order to make the necessary deposits from the Water System checking account to provide for 1 such payment on the above-mentioned Bonds; Now 1 THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1 1. The Mayor is hereby authorized and directed to execute a contract with the Exchange Bank & Trust Company of Dallas, 1 Texas, for the purpose of depositing funds collected by the Water System from the sale of water with which to meet its obligations. 1 2. Said contract sets out interest to be paid on the initial 1 amount of $34,079.78', subject to the terms contained in said contract, attached hereto and made a part hereof, and to mature July 15, 1973. ' PASSED AND APPROVED this 18th day of July, A. D. 1972. 1 Mayor 1 ATTEST: City Secretary 1 1 11 July 15,1972 lid ; CITY OF SOUTHLAKE, WATER SYSTEM, P.O. Box 868, Southlake, Texas, (hereinafter 1 called Depositor) hereby establishesa Time Deposit - Open Account in the amount of Thirt thousand'sevent•=nine*dollars'and'78 100 with EXCHANGE BANK & TRUST COMPANY in Dallas, hereinafter called Bank y, which account 1s de- signated by the name of the.depositor. It is agreed that such account shall be subject to the following terms and conditions: 1. The maturity date of such account shall be July 15, 1973:1, however, withdrawals in part or full may be ma on 30 1 r days notice subject to paragraph 2 below, except no 1 notice is required at maturity. 2.- The bank agrees to allow interest on funds in such account ` at the following rate: ! (a) 5% per annum for amounts left on deposit at least 90 days before withdrawal or maturity. (b 4% per annum for amounts left on deposit from 30 to 90 days before withdrawal or maturity. (c) No interest on amounts left on deposit under 30 days before withdrawal or maturity. 3. This agreement is not negotiable and at the maturity of said AD account the funds therein, together with interest due shall be paid to the depositor by Cashier's Check and payment shall lit fully discharge the liability of the Bank in respect to the funds in such account regardless of the fact that this agree- ` ment is not surrendered to the Bank for Cancellation. 4. This account bears no interest after maturity and is subject to applicable present and future Federal Laws and Regulations. C EXECUTED THIS 15th DAY OF July, 1972. 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