2006-03-07
CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 7. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland,
Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Manager of
Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Library
Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Teen Court Coordinator
Amber Cartwright, Director of Human Resources Kevin Hugman, Director of Planning Ken
Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire
Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Public Works Bob
Price, Deputy Director of Public Works Charlie Thomas, Public Works Operations Manager
Chuck Kendrick, Assistant to the Public Works Director Cristina McMurray, City Attorney E.
Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:05 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: to withdraw items 7 A and 7B; to table items 7C and 7D to the
March 21, 2006, City Council meeting; to table item 7E to the April 4, 2006, City Council
meeting; and to withdraw item 7G as a result of the motion from executive session.
The work session ended at 5 :09 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 5:09 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with city attorney; Section 551.072, deliberation regarding real property; and
Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 5:46 p.m. Executive Session began at 5:18 p.m. and ended at
6:30 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006
Page 1 015
Agenda Item No. 28. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:36
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session.
Motion was made to accept the face amount of the assessment as presented on the Notice of
Assessment from Tarrant County and to withdraw Agenda Item No. 7G, Ordinance No. 512-A,
2nd Reading, Amending Ordinance No. 512, which levied assessments for part of the cost of
sanitary sewer improvements in Continental Park Estates.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No.3. Invocation. The invocation was given by Coy Quesenbury, Lonesome Dove
Baptist Church. Mayor Wambsganss led the audience in the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events. Later in the evening as a part of the Mayor's Report, Mayor Wambsganss read a letter
into the record from the Cross Timber Hills Homeowner's Association who thanked the City for
the recent repaving project in their neighborhood.
Agenda Item No. 4Al. Southlake Lions Club presentation. Mayor Wambsganss introduced
members of the Southlake Lions Club: Janice Gaddie, Olen Berry, David Nicastro, Pieter
Andries Hye, and Marilyn Hye, who presented checks totaling $25,000 to the Shield Foundation
and presented a wall plaque honoring retired Police Chief Marlin Price for his vision of the
Foundation.
Agenda Item No. 4A2. Southlake Chamber of Commerce - Youth of the Year. Mayor
Wambsganss recognized the Southlake Chamber of Commerce's Youth of the Year, Alex Clift,
and the Citizen of the Year, SPIN Standing Committee. SPIN Standing Committee
representative, Roger Hutton, thanked City Council for their support.
Agenda Item No. 48. City Manager's Report. There was no report.
Agenda Item No. 4C. Parks and Recreation Board Report. Mary Georgia, 2404 Taylor,
Southlake, Texas, presented information on upcoming and recent events and meetings.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 5A. Approve the minutes for the February 13, 2006, City Council work session
and for the February 2 L 2006, regular City Council meeting. A presentation was not made on
this item.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006
Page 2 of5
Agenda Item No. 58. Authorize the Mayor to execute two lease agreements with Metro PCS
Texas, L.L.C., for the placement of wireless communication antennas on the Bicentennial Park
and Florence Water towers. A presentation was not made on this item.
Agenda Item No. 5C. Authorize the Mayor to execute a Residential Developer's Agreement for
1223 W oodsey Court for the construction of approximately 985 linear feet of public sanitary
sewer along W oodsey Court. A presentation was not made on this item.
Agenda Item No. 5D. Authorize the Mayor to enter into a settlement agreement with Marcus
Cable Associates, L.L.C. d/b/a Charter Communications relating to the Consortium Cities audit
of Charter Communications. A presentation was not made on this item.
Agenda Item No. 5E. Ordinance No. 893, 1st Reading, Establishing an additional penalty on Ad
Valorem personal property taxes which remain delinquent for more than 60 days after February 1
of any year. A presentation was not made on this item.
Agenda Item No. 5F. Authorize the City Manager to enter into professional services contract
with Weaver and Tidwell, L.L.P., for audit services. A presentation was not made on this item.
Agenda Item No. 7A. Ordinance No. 480-479, 2nd Reading (ZA05-154), Zoning Change and
Concept Plan for proposed Hawthorne Place on approximately 10 acres located along the east
side of Randol Mill Avenue approximately L200 feet north of Johnson Road, being legally
described as Tracts IE, 1EOL IDOL and a portion of Tract 1D02, Ben J. Foster Survey, Abstract
No. 519. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood # 13. This item was withdrawn by the applicant.
Agenda Item No. 7B. ZA05-155, Preliminary Plat for proposed Hawthorne Place on property
located along the east side of Randol Mill Avenue approximately L200 feet north of Johnson
Road. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #13. This item was withdrawn by the applicant.
Agenda Item No. 7C. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and
Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being
a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899: located at the southwest comer of
East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # ge. This item is
tabled to the March 21, 2006 City Council meeting.
Agenda Item No. 7D. ZA05-173, Preliminary Plat for Tracts 4G, 4DL and 4EL O.W. Knight
Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340
feet west of the southwest comer of South Carroll Avenue and East Southlake Boulevard.
Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #ge. This item is tabled to the March 21, 2006 City Council
meeting.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006
Page 3 015
Agenda Item No. 7E. Ordinance No. 585-C, 2nd Reading, Tree Preservation Ordinance and
Technical Manual. This item is tabled to the first City Council meeting in April.
Agenda Item No. 7G. Ordinance No. 512-A, 2nd Reading, Amending Ordinance No. 512, which
levied assessments for part of the cost of sanitary sewer improvements in Continental Park
Estates in the City of Southlake. This item was withdrawn as a result of the motion from
executive session.
Motion was made to approve the consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; to withdraw
items 7A and 7B; to table items 7C and 7D to the March 21,2006, City Council meeting; to table
item 7E to the April 4, 2006, City Council meeting; and to withdraw item 7G as a result of the
motion from executive session.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7F. Resolution No. 06-014, (ZA06-006), Specific Use Permit for the sale of
alcoholic beverages at Brio Tuscan Grille located 1431 Plaza Place. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to
Council. Applicant Jeff Wood, General Manager of Brio Tuscan Grill, made a presentation to
Council and answered Council's questions. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 1431 PLAZA
PLACE, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5, SITUATED IN
THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-014, (ZA06-006), Specific Use Permit for the
sale of alcoholic beverages at Brio Tuscan Grille located 1431 Plaza Place subject to the
recommendations of the Planning and Zoning Commission and subject to the term of the lease
set to expire on January 31, 2022.
Motion: Jones
Second: Terrell
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006
Page 4 015
Ayes:
Nays:
Approved:
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 8A. Ordinance No. 480-481, 1 st Reading (ZA05-146), Zoning Change and Site
Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local
Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District. An alternate
site plan is also to be considered under the current C-2 Local Retail Commercial District zoning
with no proposed zoning change. SPIN Neighborhood #10. Chief Planner Killough presented
this item to Council. Applicant Tom Stephen, 711 Dominion, Southlake, Texas answered
Council's questions. Council asked questions and discussed this request with the applicant.
Mayor Wambsganss announced City Council would be going into Executive Session pursuant to
the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072,
deliberation regarding real property; and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 7:41 p.m. Executive
Session began at 7:45 p.m. and ended at 8:01 p.m.
Mayor Wambsganss reconvened the regular meeting at 8:03 p.m.
After a brief discussion, the applicant expressed a willingness to table this item until the next
City Council meeting.
Motion was made to table this item to the March 21, 2006, City Council meeting.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:08
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006
Page 50f5
CA4- y L4 ri C,,c* ( Vnl2efI ~
DURABLE POWER OF ATTORNEY FOR FINANCIAL
MANAGEMENT
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE
POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU
SHOULD KNOW THESE IMPORTANT FACTS:
THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS
YOUR ATTORNEY-IN-FACT WITH BROAD LEGAL POWERS, INCLUDING
THE POWERS TO MANAGE, DISPOSE, SELL AND CONVEY YOUR REAL
AND PERSONAL PROPERTY AND TO BORROW MONEY USING YOUR
PROPERTY AS SECURITY FOR THE LOAN.
THESE POWERS WILL CONTINUE TO EXIST EVEN IF YOU BECOME
DISABLED OR INCAPACITATED. THESE POWERS WILL EXIST UNTIL YOU
REVOKE OR TERMINATE THIS POWER OF ATTORNEY. YOU HAVE THE
RIGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY AT ANY
TIME.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL
OR OTHER HEALTH CARE DECISIONS FOR YOU.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
1. Principal and Attorney-in-Fact
PRINCIPAL
chauncy antoine prade Jr
400 south carrol
southlake. Texas 76092
I, chauncy antoine prade Jr, appoint the person named below as my attorney-in-fact to act
for me in any lawful way with respect to the powers delegated in Part 4, below.
Durable Power of Attorney for Financial Management - Page I of I I
ATTORNEY-IN-FACT
marcel bosworth
616 south kimball
southlake, Texas 76092
Day phone: 817-410-7450
Evening phone: 817-929-2746
SUCCESSOR ATTORNEY-IN-FACT
I name the following person to act as my attorney-in-fact if the named attorney-in-fact
dies, resigns, or is otherwise unable to serve.
dwight bosworth
616 SOUTH KIMBALL
southlake, Texas 76092
Day phone: 817-410-7450
Evening phone: 817-929-2736
2. Delegation of Authority
My attorney-in-fact may delegate, in writing, any authority granted under this durable
power of attorney to a person he or she selects. Any such delegation shall state the period
during which it is valid and specify the extent of the delegation.
3. Effective Date
This power of attorney is effective immediately, and shall continue in effect if I become
incapacitated or disabled.
4. Powers of Attorney-in-Fact
I grant my attorney-in-fact power to act on my behalf in the following matters, as
indicated by my initials next to each granted power.
IN
IN
Durable Power of Attorney for Financial Management - Page 2 of I1
INITIALS
X~1) Real estate transactions.
X~2) Tangible personal property transactions.
X (3) Stock and bond, commodity, option and other securities transactions.
X (4) Banking and other financial institution transactions.
X V(9?,I(5) Business operating transactions.
(6) Insurance and annuity transactions.
X (7) Estate, trust, and other beneficiary transactions.
X (8) Living trust transactions.
X (9) Legal actions.
X 0) Personal and family care.
X: (11) Government benefits.
X-~ 12) Retirement plan transactions.
X(13) Tax matters.
X2(14) Gift transactions.
These powers are defined in Part 12, below.
5. Compensation and Reimbursement of Attorney-in-Fact
My attorney-in-fact shall be entitled to reimbursement for reasonable expenses and
reasonable compensation for services. What constitutes reasonable compensation shall be
determined exclusively by my attorney-in-fact. If more than one attorney-in-fact is named
in this document, each shall have the exclusive right to determine what constitutes
reasonable compensation for his or her own duties.
6. Personal Benefit to Attorney-in-Fact
My attorney-in-fact may buy any assets of mine or engage in any transaction he or she
deems in good faith to be in my interest, no matter what the interest or benefit to my
attorney-in-fact.
7. Commingling by Attorney-in-Fact
My attorney-in-fact may not commingle any of my funds with any funds of his or hers.
Durable Power of Attorney for Financial Management - Page 3 of 11
8. Liability of Attorney-in-Fact
My attorney-in-fact shall not incur any liability to me, my estate, my heirs, successors or
assigns for acting or refraining from acting under this document, except for willful
misconduct or gross negligence. My attorney-in-fact is not required to make my assets
produce income, increase the value of my estate, diversify my investments or enter into
transactions authorized by this document, as long as my attorney-in-fact believes his or
her actions are in my best interests or in the interests of my estate and of those interested
in my estate. A successor attorney-in-fact shall not be liable for acts of a prior attorney-in-
fact.
9. Nomination of Conservator or Guardian of Estate
If, in a court proceeding, it is ever resolved that I need a conservator, guardian or other
person to supervise my estate, I nominate my attorney-in-fact to serve in that capacity. If
my attorney-in-fact cannot serve, I nominate the successor attorney-in-fact named in Part
1, above, to serve.
10. Reliance on This Power of Attorney
Any third party who receives a copy of this document may rely on and act under it.
Revocation of the power of attorney is not effective as to a third party until the third party
has actual knowledge of the revocation. I agree to indemnify the third party for any claims
that arise against the third party because of reliance on this power of attorney.
11. Severability
If any provision of this document is ruled unenforceable, the remaining provisions shall
stay in effect.
12. Definition of Powers Granted to Attorney-in-Fact
The powers granted in Part 4, above, authorize my attorney-in-fact to do the following:
(1) Real estate transactions
My attorney-in-fact may act for me in any manner to deal with all or any part of any
interest in real property that I own at the time of execution of this document or later
acquire, under such terms, conditions and covenants as my attorney-in-fact deems
proper. My attorney-in-fact's powers include but are not limited to the power to:
(a) Accept as a gift, or as security for a loan, reject, demand, buy, lease, receive or
otherwise acquire ownership or possession of any estate or interest in real
property.
Durable Power of Attorney for Financial Management - Page 4 of I I
(b) Sell, exchange, convey with or without covenants, quitclaim, release, surrender,
mortgage, encumber, partition or consent to the partitioning of, grant options
concerning, lease, sublet or otherwise dispose of any interest in real property.
(c) Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or
assessments on any estate or interest in real property I own or claim to own.
(d) Prosecute, defend, intervene in, submit to arbitration, settle and propose or accept
a compromise with respect to any claim in favor of or against me based on or
involving any real estate transaction.
(2) Tangible personal property transactions
My attorney-in-fact may act for me in any manner to deal with all or any part of any
interest in personal property that I own at the time of execution of this document or
later acquire, under such terms as my attorney-in-fact deems proper. My attorney-in-
fact's powers include but are not limited to the power to lease, buy, exchange, accept
as a gift or as security for a loan, acquire, possess, maintain, repair, improve, insure,
rent, convey, mortgage, pledge, and pay or contest taxes and assessments on any
tangible personal property.
(3) Stock and bond, commodity, option and other securities transactions
My attorney-in-fact may do any act which I can do through an agent, with respect to
any interest in a bond, share, other instrument of similar character or commodity. My
attorney-in-fact's powers.include but are not limited to the power to:
(a) Accept as a gift or as security for a loan, reject, demand, buy, receive or otherwise
acquire ownership or possession of any bond, share, instrument of similar
character, commodity interest or any investment with respect thereto, together
with the interest, dividends, proceeds or other distributions connected with it.
(b) Sell (including short sales), exchange, transfer, release, surrender, pledge, trade in
or otherwise dispose of any bond, share, instrument of similar character or
commodity interest.
(c) Demand, receive and obtain any money or other thing of value to which I am or
may become or may claim to be entitled as the proceeds of any interest in a bond,
share, other instrument of similar character or commodity interest.
(d) Agree and contract, in any manner, and with any broker or other person and on
any terms, for the accomplishment of any purpose listed in this section.
Durable Power of Attorney for Financial Management - Page 5 of 11
(e) Execute, acknowledge, seal and deliver any instrument my attorney-in-fact thinks
useful to accomplish a purpose listed in this section, or any report or certificate
required by law or regulation.
(4) Banking and other financial institution transactions
My attorney-in-fact may do any act that I can do through an agent in connection with
any banking transaction that might affect my financial or other interests. My attorney-
in-fact's powers include but are not limited to the power to:
(a) Continue, modify and terminate any deposit account or other banking
arrangement, or open either in the name of the agent alone or my name alone or in
both our names jointly, a deposit account of any type in any financial institution,
rent a safe deposit box or vault space, have access to a safe deposit box or vault to
which I would have access, and make other contracts with the institution.
(b) Make, sign and deliver checks or drafts, and withdraw my funds or property from
any financial institution by check, order or otherwise.
(c) Prepare financial statements concerning my assets and liabilities or income and
expenses and deliver them to any financial institution, and receive statements,
notices or other documents from any financial institution.
(d) Borrow money from a financial institution on terms my attorney-in-fact deems
acceptable, give security out of my assets, and pay, renew or extend the time of
payment of any note given by or on my behalf.
(S) Business operating transactions
My attorney-in-fact may do any act that I can do through an agent in connection with
any business operated by me that my attorney-in-fact deems desirable. My attorney-in-
fact's powers include but are not limited to the power to:
(a) Perform any duty and exercise any right, privilege or option which I have or claim
to have under any contract of partnership, enforce the terms of any partnership
agreement, and defend, submit to arbitration or settle any legal proceeding to
which I am a party because of membership in a partnership.
(b) Exercise in person or by proxy and enforce any right, privilege or option which I
have as the holder of any bond, share or instrument of similar character and
defend, submit to arbitration or settle a legal proceeding to which I am a party
because of any such bond, share or instrument of similar character.
Durable Power of Attorney for Financial Management - Page 6 of 11
(c) With respect to a business owned solely by me, continue, modify, extend or
terminate any contract on my behalf, demand and receive all money that is due or
claimed by me and use such funds in the operation of the business, engage in
banking transactions my attorney-in-fact deems desirable, determine the location
of the operation, the nature of the business it undertakes, its name, methods of
manufacturing, selling, marketing, financing, accounting, form of organization
and insurance, and hiring and paying employees and independent contractors.
(d) Execute, acknowledge, seal and deliver any instrument of any kind that my
attorney-in-fact thinks useful to accomplish any purpose listed in this section.
(e) Pay, compromise or contest business taxes or assessments.
(f) Demand and receive money or other things of value to which I am or claim to be
entitled as the proceeds of any business operation, and conserve, invest, disburse
or use anything so received for purposes listed in this section.
(6) Insurance and annuity transactions
My attorney-in-fact may do any act that I can do through an agent, in connection with
any insurance or annuity policy, that my attorney-in-fact deems desirable. My attorney-
in-fact's powers include but are not limited to the power to:
(a) Continue, pay the premium on, modify, rescind or terminate any annuity or policy
of life, accident, health, disability or liability insurance procured by me or on my
behalf before the execution of this power of attorney. My attorney-in-fact cannot
name himself or herself as beneficiary of a renewal, extension or substitute for
such a policy unless he or she was already the beneficiary before I signed the
power of attorney.
(b) Procure new, different or additional contracts of health, disability, accident or
liability insurance on my life, modify, rescind or terminate any such contract and
designate the beneficiary of any such contract.
(c) Sell, assign, borrow on, pledge, or surrender and receive the cash surrender value
of any policy.
(7) Estate, trust and other beneficiary transactions
My attorney-in-fact may act for me in all matters that affect a trust, probate estate,
guardianship, conservatorship, escrow, custodianship or other fund from which I am,
may become or claim to be entitled, as a beneficiary, to a share or payment. My
Durable Power of Attorney for Financial Management - Page 7 of 11
attorney-in-fact's authority includes the power to disclaim any assets which I am, may
become or claim to be entitled, as a beneficiary, to a share or payment.
(8) Living trust transactions
My attorney-in-fact may transfer ownership of any property over which he or she has
authority under this document to the trustee of a revocable trust I have created as
settlor. Such property may include real property, stocks, bonds, accounts with
financial institutions, insurance policies or other property.
(9) Legal actions
My attorney-in-fact may act for me in all matters that affect claims in favor of or
against me and proceedings in any court or administrative body. My attorney-in-fact's
powers include but are not limited to the power to:
(a) Hire an attorney to assert any claim or defense before any court, administrative
board or other tribunal.
(b) Submit to arbitration or mediation or settle any claim in favor of or against me or
any litigation to which I am a party, pay any judgment or settlement and receive
any money or other things of value paid in settlement.
(10) Personal and family care
My attorney-in-fact may do all acts necessary to maintain my customary standard of
living, and that of my spouse and children and other persons customarily supported by
or legally entitled to be supported by me. My attorney-in-fact's powers include but are
not limited to the power to:
(a) Pay for medical, dental and surgical care, living quarters, usual vacations and
travel expenses, shelter, clothing, food, appropriate education and other living
costs.
(b) Continue arrangements with respect to automobiles or other means of
transportation, charge accounts, discharge of any services or duties assumed by
me to any parent, relative or friend, contributions or payments incidental to
membership or affiliation in any church, club, society or other organization.
(11) Government benefits
My attorney-in-fact may act for me in all matters that affect my right to government
benefits, including Social Security, Medicare, Medicaid, or other governmental
programs, or civil or military service. My attorney-in-fact's powers include but are not
Durable Power of Attorney for Financial Management - Page 8 of 11
limited to the power to:
(a) Prepare, execute, file, prosecute, defend, submit to arbitration or settle a claim on
my behalf to benefits or assistance, financial or otherwise.
(b) Receive the proceeds of such a claim and conserve, invest, disburse or use them
on my behalf.
(12) Retirement plan transactions
My attorney-in-fact may act for me in all matters that affect my retirement plans. My
attorney-in-fact's powers include but are not limited to the power to select payment
options under any retirement plan in which I participate, make contributions to those
plans, exercise investment options, receive payment from a plan, roll over plan
benefits into other retirement plans, designate beneficiaries under those plans and
change existing beneficiary designations.
(13) Tax matters
My attorney-in-fact may act for me in all matters that affect my local, state and federal
taxes. My attorney-in-fact's powers include but are not limited to the power to:
(a) Prepare, sign and file federal, state, local and foreign income, gift, payroll, Federal
Insurance Contributions Act returns and other tax returns, claims for refunds,
requests for extension of time, petitions, any power of attorney required by the
Internal Revenue Service or other taxing authority, and other documents.
(b) Pay taxes due, collect refunds, post bonds, receive confidential information,
exercise any election available to me and contest deficiencies determined by a
taxing authority.
(14) Gift transactions
My attorney-in-fact may make gifts and other transfers of my property without
consideration or with less than full consideration, including forgiveness of debts owed
to me and completion of charitable pledges that I have made. However, my attorney-
in-fact shall not (i) appoint, assign or designate any of my assets, interests or rights
directly or indirectly to himself or herself, or his or her estate or creditors, or the
creditors of his or her estate, (ii) disclaim assets to which I would otherwise be
entitled if the effect of the disclaimer is to cause such assets to pass directly or
indirectly to my attorney-in-fact or his or her estate, or (iii) use my assets to discharge
any of his or her legal obligations, including any obligation of support owed to others,
excluding me and those I am legally obligated to support.
Durable Power of Attorney for Financial Management - Page 9 of 11
I understand the importance of the powers I delegate to my attorney-in-fact in this -
document. I recognize that the document gives my attorney-in-fact broad powers over my
assets, and that these powers will become effective as soon as I sign this document and
continue indefinitely unless I revoke this durable power of attorney.
Signed this day of n,~y ✓ ¢ rfi b~ f
State of Texas, County o ✓ f f~ Y~+
Signature:
WITNESSES
On the date written above, the principal declared to me that this instrument is his durable
power of attorney, and that he willingly executed it as a free and voluntary act. The
principal signed this instrument in my presence.
Signature:
Print Name:
Address: 11r~"4 ~t
Signature:
Print Name: r/,or "a /7 jt"2
Address: 20 o *0 (o o,44
~cl//a wu v
llll L`~U r3 ~ ~ ~ 6 O ,S
~urrN° SAMANTHA C. WINSTANLEY
Notary Public, State of Texas
llll cew1 V = MY Commission Expires
September J0, 2009
llll ~6~~fi~ ~(~DSZ
Durable Power of Attorney for Financial Management - Page 10 of 11
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of Texas )
ss.
County of f Irk )
On before me, J V• ;'t a
no ry public in and for said state, personally appeared
C-11-OA/Vt personally known to me (or proved on the
basis of satis tory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized capacity
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
SAMANTHA C. WINSTANLEY
Notary Public, State of Texas WITNESS my hand and official seal.
My Commission Expires
September 30, 2009
Notary Public for the ~te Texas
[NOTARIAL SEAL] My commission expires:
Durable Power of Attorney for Financial Management - Page I I of I I
Affidavit
State of Texas
County of: -I~i (-r4
Before me, the undersigned authority, on this day personally appeared
ut"Or, i ~rojr and
known t me to be the testator and the witnesses,
respectively, whose names are subscribed to the annexed or foregoing instrument in their
respective capacities, and, all of said persons being by me duly sworn, the said
1L4we,r-u A_ 'ckl~e r,, testator, declared to me and to the said witnesses in my
presence t t said instrument is his/her last will and testament, and that he/she had
willingly made and executed it as his/her free act and deed; and the said witnesses, each
on his/her oath stated to me, in the presence and hearing of the said testator, that the said
testator had declared to them that said instrument is his/her last will and testament, and
that he/she executed same as such and wanted each of them to sign it as a witness; and
upon their oaths each witness stated further that they did sign the same as witnesses in the
presence of the said testator and at his/her request; that he/she was at that time eighteen
years of age or over (or being under such age, was or had been lawfully married, or was
then a member of the armed forces of the United States or of an auxiliary thereof or of the
Maritime Service) and was of sound mind; and that each of said witnesses was then at
least fourteen years of age.
Testator: C
~Vj'-g
Witness:
Witness:
Subscri ed and sworn before me b the said
testator, and by t e said GV K nd
r
U'ti qk\k witnesses, this day of ~rP11~i. ,
A.D.. Ok -S.
c SNM AN P bloc, state SoA Texas
i My Commission Expires
September 30, 2009
Signature:
Official capacity of officer:
Affidavit - Page 1 of 1
i
CROSS TIMBER HILLS HOMEOWNERS ASSOCIATION
Southlake, Texas 76092
February 22, 2006
City of Southlake
1400 Main Street
Southlake, TX 76092
Dear Mayor and Council Members,
On behalf of the residents of Cross Timber Hills, we would like to express our sincere
appreciation to the City of Southlake for the recent street repaving project in our
neighborhood. The decision to repave rather than just resurface was particularly
appreciated in light of the damage our streets sustained during the sewer project.
We would also like to commend the city on their choice of the contractor. Reynolds
Asphalt and Construction was very professional in the way they communicated with the
residents. Gary Reynolds, Chris Turner and Nate Rangel were always available to
answer any homeowner questions. They were able to complete the project in record time
and with a minimum of issues. Ed Helton and Clayton Redinger with the City were also
helpful in seeing the entire process run as smoothly as possible.
Again, thanks to all for a job well done.
Sincerely,
Cross Timber Hills Home Owners' Association
B P.ei , Pre dent Steve Perry, Vice President
, " al, . ogy d Baltimore, Treasurer. Fran Halbouty, Secre
RECEIVED
cc: Gary Reynolds, Reynolds Asphalt and Construction FU 28
OFFICE OF CITY SECRETARY
gece,i-vd eA,~
b*~
KINS
COMMERCIAL
March 7, 2006
City of Southlake
Department of Planning
Kenneth Baker
1400 Main Street Suite 310
Southlake, TX 76092
Dear Mr. Baker:
Please let this letter serve as our request to Table the Public Hearing for the Carroll
Crossroads set for March 7, 2006 until the next available City Council Meeting.
Sincerely,
Steve Gre ry
President
7995 LBJ Freeway, Suite 250 ♦ Dallas, Texas 75251 ♦ (214) 956-7881 ♦ Fax (214) 956-7899