1989-02-07 CITY OF SOUTHLAKE
667 N. Carroll Avenue
Regular City Council Minutes
February 7, 1989, 7:30 p.m.
MINUTES
Present: Mayor Pro Tem, Betty Springer; Councilmembers: Sally
Hall, Ralph Evans, and Pamela Muller.
Absent: Mayor, Johnny H. Westerholm; Councilmember, Jim Wooll.
City Staff Present: City Manager, Curtis E. Hawk; Public Works
Director, William D. LeGrand; City Engineer, Eddie Cheatham; City
Attorney, Allen Taylor.
Invocation - Ralph Evans.
Work Session: A work session was held beginning at 6:30 p.m. for
the purpose of reviewing the items on the agenda.
The meeting was called to order by Mayor Pro Tem, Betty Springer.
She announced that Mayor Westerholm was ill and Councilmember Jim
Wool was out of the state on business.
Agenda Item #2, Minutes
The Minutes of the January 17, regular City Council Meeting were
approved as presented.
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Springer, and Evans
Nays: None
Approved: 4 -0
The Minutes of the Special meeting of January 21, were approved as
presented.
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Springer, and Evans
Nays: None
Approved: 4 -0
The Minutes of the Special Meeting of January 24, were approved as
presented
Motion: Evans
Second: Hall
Ayes: Evans, Hall, and Muller
Abstained: Springer
Nays: None
Approved: 3 -0 -1
City Council Minutes
of February 7, 1989
Page 2
Agenda Item #3, Mayor's Report
Mayor Pro Tem Springer announced that the 5th Annual Chamber of
Commerce Banquet was a success. It was held on January 28, at the
Harvey House Hotel. Recognized for accomplishments include: Bill
Hudson, Fireman of the Year for the second year in a row.
Outstanding Police Officer of the Year went to Richard Hart and
outstanding Dispatcher of the Year went to Theresa Jones.
Outstanding Man of the Year went to Coach Ledbetter. Outstanding
Citizens of the Year went to the Dragons team and Outstanding Woman
of the Year to Sandy LeGrand, City Secretary.
The Southlake Woman's Club will be having their Annual Spaghetti
Dinner on February 17, beginning at 5:00 p.m. with the proceeds
going to the Fire Department for emergency medical service and
ambulance.
Mayor Pro Tem Springer reported on a meeting she attended on
February 3, with cities of Grapevine, Irving, Euless, and Coppell
at Grapevines request to discuss their plans for dealing with the
airport with regards to the new runway that will impact Grapevine.
They are seeking support from surrounding cities. This will be
discussed further at a later date.
Councilmember Hall reported that she has met with Mr. Ed Downing,
school board member in regards to a possible joint session between
school board and the City Council concerning Parks and also another
issue would be the City's support of drug awareness. Downing
suggested that packets be prepared on the city's side and reviewed
during a work session and then passed on to Mr. Lowrey for his
evaluation and presentation to the school board. Then onto a joint
meeting. She stated Mr. Hawk and Mr. Campbell are in the process
of getting information packet together.
Agenda Item #4, City Manager's Report
During the recent spell of bad weather the city street workers
spread sand all across the streets. This budget year a sand
spreader was purchased and was well used. A report of the tons of
sand spread and hours to accomplish this were reported. Also the
water department prepared the city for the bad weather ahead of
them and this resulted with a minimum amount of problems with
meters freezing and lines breaking.
Lone Star Gas, manager, Vernie Henderson presented a letter
stating, in regards to the ordinance increase for charges for
natural gas, the cities of Keller and Grapevine have adopted a
lower rate structure than we did, therefore, Lone Star Gas Company
has come to us and said in order to keep a uniform rate structure
in this system, they would adopt the lower rate in Southlake, a
2.99% instead of a 3.27% increase with a letter from Mr. Hawk.
City Council Minutes
of February 7, 1989
Page 3
Consent Agenda Items # 5 and #6
Item #5 Consider: Ordinance No. 477, 1st reading, Traffic
Control Devises.
Item #6 Consider: Resolution 89 -11, calling the Municipal
Election for May 6, 1989.
Mayor Pro Tem Springer read the caption of Ordinance #477 and also
of Resolution #89 -11, calling the Municipal Election.
Motion was made to approve the Consent Agenda.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Hall, and Springer
Nays: None
Approved: 4 -0
Agenda Item #7, Presentation, Charter Review Committee
A presentation was made by Brad Bradley, Chairperson of the Charter
Review Committee.
Bradley reviewed the actions taken the original Charter Election
held in 1986, when 15 members were elected from a possible 45
candidates. They met for about 5 months on what is now the
Southlake Home Rule Charter.
Nine of the original commissioners met for a Charter Review
• Committee. They met for approximately 2 months during November and
December and have suggested that 3 items be looked into as Charter
Amendments. The items include:
1. Section 2.03, Limitations of successive terms for elected
officials from 2 terms to 3 terms.
2. Section 8.03, Taxes. Changed to allow flexibility in the
selection of a tax collector.
3. Section 4.14, Responsibilities of the City Manager.
Requiring detailed job descriptions be kept by the City
Manager on City Officers and Department Heads.
The committee has urged that the City Council submit these changes
to the voters in the upcoming election.
Springer asked the City Attorney for procedures in accomplishing
this. Mr. Taylor stated that if Council is agreeable they should
instruct the City Attorney to prepare the proper ordinance adding
these changes in the charter to the ballot for the May 7 election.
Taylor stated they need a 60 day lead time.
City Council Minutes
of February 7, 1989
Page 4
Springer stated she wished the attorney to proceed in preparing the
document. there was no opposition from the City Council at this
time.
Agenda Item #8, Ord. 334 -49, Zoning, Chapel Downs
Ordinance #334 -49 (ZA88 -40) Zoning request for a 65 acre tract of
land out of the W.W. Hall Survey, Abst. 687 was discussed for a
zoning change from SF -1 and Agricultural to SF20.0A, SF20.0B and
SF30.OA.
Springer announced that as a new procedure , the staff is
implementing a new method of presenting presentations for zoning
cases tonight. Karen Gandy, Zoning Clerk, will make the
presentation using overhead transparencies as a means of better
informing the City Council and members of the audience.
Public Hearing:
Nina Dunn - 950 N. White Chapel. She can live with Alternate A but
prefers Alternate B in the road alignment of Chapel Downs Addition.
Barbara Paty - 1000 White Chapel. She is concerned that there will
be so many roads coming out onto White Chapel in that area. She
was hoping the lots on White Chapel would be one acre.
Mayor Pro Tem Springer stated that the developer has plans for
landscaping, berms, and fencing against White Chapel.
Councilmember Muller suggested that interested persons stop by the
developers office and look at the entire plan.
Motion was made to continue the public hearing and second reading
of the ordinance until time certain March 21, as request by the
applicant.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, and Hall
Nays: None
Approved: 4 -0
Agenda Item #9, Pre Plat, Chapel Downs
The preliminary plat of Chapel Downs was discussed. The
presentation was given by Karen Gandy of city staff.
The Public Hearing resulted with no comments.
Curtis Hawk suggested that the fire chief look at the possibility
of an emergency lane on the plat.
City Council Minutes
of February 7, 1989
Page 5
Springer addressed her concerns on drainage. Director of Public
Works, Bill LeGrand and developer, John Moore assured her that the
drainage would be taken care of with culverts and drainage pipes.
4 Motion was made to approve the preliminary plat of Chapel Downs.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Hall, and Springer
Nays: None
Approved: 4 -0
Agenda Item #10, Ord. 334 -48, Zoning, Chimney Hill
The zoning request for Chimney Hill Addition was presented by Karen
Gandy, city staff. Ms. Gandy noted that the P &Z Commission
recommended approval of this zoning request by a 4 -2 vote.
Allen Taylor asked, if staff had calculated the percentage of
property owners withIA200 feet. He stated that the provisions in
Chapter 211 of Local Government Code and our zoning ordinance state
that if owners of 20% or more of the land within 200 feet of
property to be rezoned sign a written protest or give written
notice of their opposition to proposed rezoning, it requires a 3/4
affirmative vote of Council to approve the rezoning. Mr. Taylor
stressed that its 20% of the owners. He stated that the count will
not be established tonight, however, before the 2nd reading of the
ordinance comes up, the staff will be in a position to have
correctly calculated the totals. John Levitt of Levitt Engineering
addressed the Council, representing the developers.
Mr. Taylor stated the city is not going to be in a position tonight
to properly calculate.
Levitt explained the concept plan and what all has happened to
date. They feel they have met all city ordinances and wish
approval of their zoning requested.
Public Hearing:
Casimir Muzyka - 823 S. Peytonville Ave. He is concerned about
kids climbing the fence and looking for an open space to play.
Also, what about fence upkeep. He does not feel the developers
have tried to work with the property owners. He is very much
opposed.
Vaughn Kankey - 825 S. Peytonville Ave. He moved to Southlake and
he could have moved anywhere. With this proposal, there is 8
houses adjoining him and with a 6 foot fence, there is a lot of
roof tops for him to look at. He is asking the City Council to
reconsider the lot sizes in this area.
r
City Council Minutes
of February 7, 1989
Page 6
Billy Jon Curb - 1640 Continental Blvd. He asked about the
petition they presented a couple of weeks ago - they are adding 3
more names to it. He stated he enjoyed the presentation, it helps
the audience. He feels if the zoning action is approved, the City.
Council is saying we are ready for high density. This is not just
a single zoning issue.
Verney Sallee - 920 S. Peytonville Ave. He was not present
however, Bill Curb read a letter from him. The letter was placed
in the record.
Developer, Phillip Bressinck, indicated he did meet with Chris
Kelly and went over his concerns. He added, they moved a street
over and put in curvilinear streets. Levitt stated that 15 lots
are over 30,000 square feet, out of 82 lots. Average lot size is
25,720 square feet.
Councilmember Hall stated she feels Ordinance #420 speaks to this
issue. It states that SF40 should be used as a transitional
zoning. She feels we should provide a transitional lot size zoning
for property owners that are already there. She does not object to
mixing of the different lot sizes but this zoning doesn't include
size which she feels is necessary to incorporate into this plat to
provide a compatible transition from a larger residential estates
or one acre into the 20,000 square foot size. She feels the City
Council and Planning and Zoning are suppose to review the citizens
comments and she feels the citizens are presenting valid concerns
on the Northridge side and surrounding the Curb property.
Mayor Pro Tem Springer stated she would welcome the new subdivision
into the City, however, regrets that the design of it is
incompatible with adjoining land owners desires. She would feel
that in an interest of getting along with neighbors and
establishing a reputation within the city of being a developer who
tries to get along with neighbors as opposed to trying to force
something down their throats would be in the best interest. She
would like for adjoining property owners to be considerate of
developers needs to try and maximize the use of their property.
She would like for developers to try and work with property owners.
Councilmember Muller stated there are those who want sewer and the
way to get sewer is by residential developments coming into the
city. This development will directly effect Continental Park
property owners. She is disappointed that the developer and
adjoining property owners have not been able to work things out.
She thanked the developer for making an effort.
Mr. Levitt asked for a continuation of the public hearing.
Hall stated there are still a few more areas that need to be worked
out on the plat, that 90% of the project is well done.
City Council Minutes
of February 7, 1989
Page 7
Motion was made to continue the action on Ordinance 334 -48 until
time certain February 21, City Council meeting.
Motion: Evans
Second: Muller
Ayes: Evans, Muller, and Springer
Nays: Hall
Approved: 3 -1
Hall feels the request should be denied to be presented as
SF40, SF30 and SF20.
Agenda Item #11, ZA88 -39, Pre -Plat, Chimney Hill
Motion was made to table the item time certain February 21, at the
request of the developer.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, and Springer
Nays: Hall
Approved: 3 -1
Agenda Item #12, Ord 472 -Land not covered by Zoning Classification
Ordinance #472, an ordinance amending Ordinance #334, as amended,
the Comprehensive Zoning Ordinance. Providing that all land which
is not otherwise covered by a zoning classification under Ordinance
#334 be zoned as Agricultural.
Springer read the caption of Ordinance #472.
Allen Taylor explained that this ordinance is to clean up activity
from prior zoning ordinance and map problems. In 1986 the city
embarked in a renovation of the zoning ordinance, in effect it left
some property with no zoning on certain pieces of property.
Public Comments:
Rick Stacy - 1000 W. Southlake Blvd. He feels we should notify
each property owner that we are zoning there property to
Agricultural.
Mr. Hawk stated our concern is to provide the City Council with
tools. The City Council instructed the staff that if anyone wishes
to rezone, we would waive the fees.
Taylor stated we do not have a "notice" problem because the
properties are now un- zoned.
Jim Martin - Jellico Circle. He asked the City Council to notify
the property owners before this ordinance is approved.
City Council Minutes
of February 7, 1989
Page 8
Eleanor Kasper - 750 N. White Chapel. Questioned Barbara Paty's
reclassification.
Virginia Clow - 820 N. Shady Oaks. If the City Attorney recommends
Ordinance 472, why doesn't City Council approve it. He is the one
who will have to defend it.
Mr. Hawk stated if City Council chooses not to do this, the City
Council can extend the "administrative freeze" if necessary.
No Action was taken on Ordinance #472.
Agenda Item #15, Variance to Administrative Freeze, Don Light
Don Light of 200 Westwood Drive requested a variance to the
Administrative Freeze for a building permit to add a carport to a
single family residence.
Motion was made and approval given to the variance to the
administrative freeze for a building permit.
Motion: Evans
Second: Hall
Ayes: Evans, Hall, Springer, and Muller
Nays: None
Approved: 4 -0
Agenda Item #13, Lease - Purchase of Back -hoe
City Manager, Curtis Hawk, explained the need for a replacement for
the city's Case back -hoe, for the water department and requested
authorization to advertise for bids. This is essential to the
operations of the water department, he stated repairs will be from
$2,500 to $5,000. This would be paid by Water Department funds.
Motion was made to authorize the City Manager and Director of
Public Works to pursue bids on a lease - purchase agreement for a
back -hoe for the water department.
Motion: Hall
Second: Muller
Ayes: Hall, Muller, Springer, and Evans
Nays: None
Approved: 4 -0
City Council Minutes
of February 7, 1989
Page 9
Agenda Item #14. Engineering Services Agreement for TRA
This item deals with our attempted arrangement to allow the Trinity
River Authority to assume the management and operation of the water
line that we are now involved with between Keller and TRA. Before
they assume that, they need an engineering study. They agree that
an outside engineering firm to perform the study is needed.
Motion was made to authorize the expenditure of funds for
engineering services agreement with Trinity River Authority at a
cost of approximately $5,000.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, and Hall
Nays: None
Approved: 4 -0
Agenda Item #16, Public Forum
Bob Couch - Rt. 1, Box 56, Keller. He stated that even though
Cheatham would do the TRA study it would still cost the city.
Billy Jon Curb - 1640 W. Continental Blvd. Asked if the Chimney
Hill addition does anything for Continental Park in regards to
sewer.
There were no further comments for Public Forum
A recess was held before the Executive Session, at 10:55 p.m.
Agenda Item #17, Executive Session
A. Discussion on any pending or contemplated litigation.
B. Discussion on any appointments to Planning and Zoning,
Park and Recreation Board and the Southlake Economic
Development Council.
C. Return to Public Session.
Council reconvened in open session at 12:10 a.m.
Agenda Item #18, Consider - Pending or Contemplated Litigations
No action was taken on this agenda item.
City Council Minutes
of February 7, 1989
Page 10
Agenda Item #19, Res. 89 -09, Appointment to Planning & Zoning
Resolution 89 -09 was approved naming Buddy Luce to the Planning and
Zoning Commission.
Motion: Hall
Second: Evans
Ayes: Hall, Evans, and Springer
Nays: None
Abstained: Muller
Approved: 3 -0 -1
Agenda Item #20, Res. 89 -10, Appointment to SEDC
Resolution #89 -10 was approved naming Patricia Broecker to the
Southlake Economic Development Commission.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, and Hall
Nays: None
Approved: 4 -0
Agenda Item #21, Res. 89 -12, Appointment to Parks
Resolution #89 -12 was approved naming Steve Bender to the Parks and
Recreation Board.
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Springer, and Evans
Nays: None
Approved: 4 -0
Agenda Item #22, Adjournment
Motion was made to adjourn the meeting.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, and Hall
Nays: None
Approved: 4 -0
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ee �e�o�eevae, y'
S ayor
` ,b o o . m L A '$ tty pr ger, P o Tem
ATTEST: o`Sn e '�.,
)4 ' P.A. ..'
/ j_ / i: k N, A,s, ci , 1 ' . . : :- . =
'Sandra L. LeGrand, City •Sectary,•
BRADLEY & LEWIS
ATTORNEYS and COUNSELORS AT LAW
1725 E. SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092
BRAD KEVIN BRADLEY TELEPHON 481-5230 -8048
CABLE: GOODLAW 4 ,
TELEX: 908248
January 23, 1989
The Honorable Johnny H. Westerholm, Mayor
and the City Council of the City of Southlake, Texas
City Hall
667 N. Carroll Avenue
Southlake, Texas 76092
Re: Southlake Charter Review Committee
0
Ladies & Gentlemen:
The Southlake Charter Review Committee, at the behest of
the City Council, met on several occassions in the months of
November and December 1988. All meeting were posted and we
emk solicited imput from the City Staff, City Council and public
at— large.
Several porpositions were considered by the committee and,
after much discussion and debate, we have concluded that three (3)
sections of our City Charter warrant modification; they are as
follows:
0
1. Section 2.03 should be revised to permit the Mayor
and Council members to serve three (3) successive
terms of office.
2. Section 8.03 should be revised to permit the City
Council unrestricted flexibility in designating
a tax collector for the City.
3.Section 4.14, 12 should be added directing the City
Manager to prepare and maintain detailed job descrip— 0
tions for all appointed city officers and department
heads.
K
We, as a committee, urge submission of the aforesaid rec—
omendations to the voters of Southlake in the upcoming election.
It is our belief that the above stated changes will permit our
City Government to operate in a more effective and efficient
manner to the best interest of all citizens.
a•
The Honorable Johnriy H. Westerholm, Mayor
and the City Council of the City of Southlake, Texas
January 23, 989
Page 2
•
Re:pectfull su mitted
outh akeE har er Rev ew Committee
s h
Y '
Brad Brad e . irman
BB /cc
cc: Mr. Curtis Hawk
Ms. Sandra LeGrand
Mr. John H. Moore
r Mr. Bruce McCombs
Nimpe Mr. Joe Bentley
Ms. Carmen Blankenship
Mr. Marion Bone
Mr. Billy Jon Crub
Mr. Martin R. "Pat" Hawk
Mr. A.C. Urbanosky
Mr. James Wooll
Mr. Marvin Cook
City of Southlake, Texas
M E M O R A N D U M
February 2, 1989
TO: Sandra L. LeGrand, City Secretary
FROM: William D. LeGrand, Director of Public Works
4 SUBJECT: Area of Administrative Freeze Building Request
Attached is a letter from Don Light, owner of the property at 200 Westwood,
requesting the City Council to review his building request. He plans to
add a carport to the existing Single Family residence. The existing
zoning is "A6" (T F '1y).
WDL /kg
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City of Southlake, Texas
M E M O R A N D U M
February 3, 1989
TO: Curtis E. Hawk, City Manager
FROM: William D. LeGrand, Director of Public Works
SUBJECT: Study on Regional Water System
During the joint meeting that was held on December 7, 1988, TRA presented
a request on the need for an independent consultant 1) to define the
Regional Water System Master Plan and 2) to determine if any improvements
are needed to existing pipeline system in order to be operated as a
Regional System to supply water to Southlake, Keller, and Lake Turner MUD.
As you recall, each respective party agreed that the study was needed
and each would share in the expense equally.
I have attached a copy of the proposed agreement by Black and Veatch,
Engineers — Architects, along with the invoice for our share of the
negotiated lump sum fee for the service. This invoice needs to be paid
by February 10, 1989 to '.- e the February TRA Board of Directors meeting.
WDL /kg
Attachments:
Invoice
Agreement
TRINITY RIVER AUTHORITY OF TEXAS
4 5300 SOUTH COLLINS AVENUE N 6 5 6 7
P.O. BOX 60 ARLINGTON, TEXAS 76010
TELEPHONE (817) 467 -4343
FUND: Keller-Southlake-Lake Turner M.U.D. DATE: January 17, 1989
Water Service
0971250
•
e t/ • Mr. Curtis Hawk oFF/
l
City of Manager C 8� ..
City of Southlake�gyAG�R p 1!
667 North Carroll Avenue
Southlake, Texas 76092 Es
L
STATEMENT
PLEASE DIRECT INQUIRIES CONCERNING THIS STATEMENT TO SENIOR MANAGER OF FINANCE DIVISION.
ACCOUNT NUMBER DESCRIPTION /DETAIL ( AMOUNT
One -third share of Engineering Services
Agreement between Trinity River Authority
of Texas and Black & Veatch- Architects-
, Engineers. $ 5,500000
Invoice amount due no later than
February 10, 1989.
TOTAL AMOUNT DUE THIS STATEMENT $ 5,500.00
BM 104 1/83
Trinity Muer Authority of Texas
Northern Region Office
7008 �' jrZ CF/ j r
January 17, 1989 If , �
Mr. Curtis Hawk C Th , ''C1 0
City Manager t`
lit:
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092 --�
Dear Curtis:
Subject: Keller, Southlake, Lake Turner MUD Water Service
Proposed Engineering Services Agreement
During the meeting held on December 7, 1988, the Authority discussed the
need for contracting with an independent consultant to more precisely
define the regional system master plan and, more importantly, to determine
any needed improvements required for the existing pipeline system to be
operated as a regional system. The Authority has negotiated the terms of
an Engineering Services Agreement with Black & Veatch, Engineers-Architects
for this purpose. Transmitted herewith is a copy of the proposed Agreement
for your review.
The negotiated lump sum fee for performing the Basic Services as described
in the Agreement is $15,000. You will note that we have included
compensation for Special Services, if authorized, not to exceed $1,500.
Any portion of the Special Services that is unspent will be refunded to the
respective parties based on the same proration as collected.
The Authority requests that each respective party submit an equal one -third
of the total negotiated contract amount of $16,500. Your prorated share of
this cost is $5,500. Enclosed you will find an invoice for this amount.
Please reference this invoice when you submit your share of the cost. In
order to submit this Agreement to the Authority's Board of Directors for
approval at their February meeting, we will need to receive the total funds
by no later than February 10, 1989.
t1
If you have any questions or comments concerning the proposed Agreement,
please contact me.
Sincerely,
BILL R. SMITH, Manager
Water Resources Planning
/pns
Attachment
F c c : 2 - ha K. Hunter, Manager of Development
Arlington, Texas 76010
(817) 467-4223
1/10/89
ENGINEERING SERVICES AGREEMENT
FOR THE
TRINITY RIVER AUTHORITY OF TEXAS
STATE OF TEXAS
411 COUNTY OF TARRANT
THIS AGREEMENT is made and entered into as of the day of
• , 1989, by and between the TRINITY RIVER AUTHORITY OF TEXAS,
with its principal office at 5300 South Collins, Arlington, Tarrant County,
Texas, 76010 ( "AUTHORITY ") and BLACK & VEATCH, Engineers - Architects, with
its principal office at 5728 LBJ Freeway, Suite 300, Dallas, Texas, 75240
( "ENGINEER ").
WITNESSETH:
WHEREAS, the AUTHORITY plans to assume operation and maintenance of
certain existing facilities and the associated distribution and metering
4
system serving Keller, Southlake, and Lake Turner MUD; and
WHEREAS, the AUTHORITY desires to investigate modifications to the
facilities necessary to allow the AUTHORITY to assume operation and
maintenance of the system; and
WHEREAS, the AUTHORITY intends to purchase water from Fort Worth and
sell it to Keller, Southlake, and Lake Turner MUD; and
WHEREAS, the AUTHORITY desires to obtain Consulting Engineering
Services in connection with the work hereinafter called the PROJECT; and
WHEREAS, the ENGINEER represents that it is qualified and capable of
performing the consulting services proposed herein, is acceptable to the
AUTHORITY, and is willing to enter into an AGREEMENT with the AUTHORITY to
perform such services.
NOW, in consideration of the premises and mutual covenants contained
herein, the AUTHORITY and the ENGINEER agree as follows:
ARTICLE I
RETAINER
The AUTHORITY agrees to retain the ENGINEER and the ENGINEER agrees to
perform engineering services in connection with the PROJECT. The AUTHORITY
agrees to pay and the ENGINEER agrees to accept fees as specified herein-
, after as full and final compensation for the work authorized and accom-
plished.
•
ARTICLE II
PROFESSIONAL QUALITY •
The ENGINEER shall be responsible for the professional quality, tech-
nical accuracy, timely completion, and coordination of all designs, drawings,
specifications, reports, and other services furnished by the ENGINEER under
this AGREEMENT.
ARTICLE III
PROFESSIONAL LIABILITY
The AUTHORITY's review, approval, or acceptance of, or payment for any
of the services, shall not be construed to operate as a waiver of any
rights under this AGREEMENT or of any cause of action arising out of the
performance of this AGREEMENT, and the ENGINEER shall be and remain liable
1
1/10/89
in accordance with applicable law for all damages to the AUTHORITY caused by
ENGINEER's negligent performance of any of the services furnished under this
AGREEMENT.
,0 ARTICLE IV
BASIC SERVICES
The ENGINEER agrees to perform BASIC SERVICES in connection with the
PROJECT hereinafter stated, in accordance with the stipulations within the
AGREEMENT.
1. Conduct a visual assessment to determine the physical condition of the
facilities.
4 2. Recommend water metering arrangement to facilitate billings and system
monitoring.
3. Suggest revisions to the chlorination system to provide chlorination
to all flow through the system, whether pumped or by gravity.
4. Suggest alternatives concerning allocation of power costs to the
4 customers: Keller, Southlake, and Lake Turner MUD.
5. Evaluate whether the discharge from the two pump stations can be tied
together.
6. Review existing instrumentation and SCADA systems. Recommend changes
to the system to facilitate operation and maintenance by the
AUTHORITY. Recommend facilities to implement system monitoring from
the AUTHORITY's Tarrant County Water Treatment Plant.
7. Review past O &M, chlorine, and power costs to operate the system and
provide an estimate of future O &M costs based on this information.
8. Prepare a report to the AUTHORITY describing the existing system
facilities and the necessary steps to be taken for the AUTHORITY to
take over operation and maintenance of the pump stations and
associated distribution system. The report shall include a system map
showing the existing facilities. Thirty (30) copies of the final
report shall be furnished to the AUTHORITY.
ARTICLE V
SPECIAL SERVICES
Various SPECIAL SERVICES incidental to the PROJECT, but not within the
scope of the BASIC SERVICES covered by ARTICLE IV preceding, which may be
performed or arranged for separately by the AUTHORITY, or may be added to
the ENGINEER's responsibilities by mutual agreement and written authoriza-
tion, include but are not necessarily limited to, the following:
r� "` 1. Prepare to serve or serve as an expert witness on behalf of the
AUTHORITY in connection with any public hearings, arbitration
proceedings, or legal proceedings.
2. Provide any other services not otherwise included in this
AGREEMENT or not customarily furnished in accordance with
generally accepted engineering practice.
3. Attend additional conferences with regulatory agencies or the
AUTHORITY.
4. Other services as needed for the PROJECT and authorized by the
AUTHORITY.
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ARTICLE VI
SERVICES BY THE AUTHORITY
4 In general, the AUTHORITY and its representatives will render services
as follows:
4'
1. Provide available criteria and full information as to the
a AUTHORITY's requirements for the PROJECT.
•
2. Assist the ENGINEER by placing at his disposal all available and
existing drawings of existing facilities required for the
design and /or construction of the PROJECT.
3. Provide access to the site of construction and existing
facilities for inspection purposes.
4. Respond promptly in writing to requests by the ENGINEER for
"" authorization to proceed with specific special services.
5. Examine documents submitted by the ENGINEER and render a decision
pertaining thereto promptly, to avoid unreasonable delay in the
progress of the ENGINEER's services.
6. Furnish information required a expeditiously as possible for the
orderly progress of the work.
7. The AUTHORITY shall appoint, in writing a representative that the
ENGINEER shall be entitled to rely upon regarding decisions made
by the AUTHORITY. All communication to the AUTHORITY shall be
deemed made when conveyed in writing to the representative at the
4 location specified in ARTICLE XVIII, NOTICES.
ARTICLE VII
COMPENSATION
A. BASIC SERVICES
For and in consideration of the BASIC SERVICES to be rendered by the
ENGINEER, the AUTHORITY shall pay, and the ENGINEER shall receive
compensation as hereinafter set forth below. All remittances by the
4 AUTHORITY or such compensation shall either be mailed or delivered to the
ENGINEER's home office as identified in the work authorization.•
Compensation shall be based on a lump sum fee of $15,000.00 for all
BASIC SERVICES outlined in ARTICLE IV of this AGREEMENT.
This compensation amount is based on the assumption that authorization
to perform all work will occur within twelve (12) months from the date of
execution of this AGREEMENT. The compensation amount for services
authorized after this date will be subject to negotiation.
Partial payments for BASIC SERVICES shall be made monthly, in
proportion to that part of services which has been accomplished, as
evidenced by monthly statements submitted by the ENGINEER to the AUTHORITY.
Final payment for BASIC SERVICES shall be due upon the completion of these
services.
Should the AUTHORITY fail to make payment to the ENGINEER, the sum
named in any partial or final statement, when payment is past due for more
than thirty (30) days, then the AUTHORITY shall pay to the ENGINEER, in
addition to the sum shown as due by such statement, interest thereon at the
rate of 10 percent (10%) per annum from the date due, as provided herein
until fully paid, which shall fully liquidate any injury to the ENGINEER
arising from such delay in payment.
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However, in the event that the sum shown as due to the ENGINEER by
such statement shall be disputed, questioned, or objected to by the
AUTHORITY, then said rate of ten percent (10Z) per annum from the date due
shall only apply to that portion or amount of payment which is finally and
e mutually agreed upon by the AUTHORITY and the ENGINEER to be rightfully due
and owing to the ENGINEER.
B. SPECIAL SERVICES
For and in consideration of the SPECIAL SERVICES set forth in ARTICLE
V herein, the AUTHORITY shall pay and the ENGINEER shall receive
compensation based on "salary cost" times a multiplier of 2.1 plus direct
non -labor expense times a multiplier of 1.1 plus outside subconsultant cost
times a multiplier of 1.05, but without further authorization not to exceed
One Thousand Five Hundred and No Hundredths Dollars ($1,500.00).
Payments to the ENGINEER for authorized SPECIAL SERVICES will be due
monthly, upon presentation of monthly statements by the ENGINEER for such
4 services.
"Salary Cost" used herein is defined as the cost of salaries of
. 9 engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for
time directly chargeable to the PROJECT plus social security contributions,
unemployment, excise and payroll taxes, employment compensation insurance,
retirement benefits, medical and insurance benefits, sick leave, vacation,
and holiday pay applicable thereto.
Should the AUTHORITY fail to make payment to the ENGINEER, the sum
4 named in any partial or final statement, when payment is past due for more
than thirty (30) days, then the AUTHORITY shall pay to the ENGINEER, in
addition to the sum shown as due by such statement, interest thereon at the
rate of ten percent (10%) per annum from the date due, as provided herein
until fully paid, which shall fully liquidate any injury to the ENGINEER
arising from such delay in payment.
However, in the event that the sum shown as due to the ENGINEER by
such statement shall be disputed, questioned, or objected to by the
AUTHORITY, then said rate of ten percent (10X) per annum from the date due
r shall only apply to that portion or amount of payment which is finally and
mutually agreed upon by the AUTHORITY and the ENGINEER to be rightfully due
and owing to the ENGINEER.
ARTICLE VIII
TIME OF PERFORMANCE
The ENGINEER agrees to complete the BASIC SERVICES within the
following schedule provided other circumstances over which the ENGINEER has
no control do not interfere with completion of these services as scheduled.
The time of performance may be extended by mutual agreement between the
AUTHORITY and the ENGINEER.
461.0
1. Draft Report in six (6) weeks.
2. Final Report in two (2) weeks, after receipt of comments.
ARTICLE IX
TERM OF CONTRACT
This AGREEMENT shall be effective upon date hereof and shall continue
in full force and effect until June 30, 1989; but may be extended by mutual
agreement between the AUTHORITY and the ENGINEER. All payments and
liabilities accrued prior to termination shall survive the termination.
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ARTICLE X
0 REVISIONS
a The revision and rework of drawings and specifications during the
r formulative stages, as an orderly process to meet the needs of the
AUTHORITY, shall be considered as a part of the BASIC SERVICES; however,
a after a definite plan has been approved by the AUTHORITY, if a decision is
subsequently made by the AUTHORITY which for its proper execution involves
extra services and expenses for changes in the work, or if the ENGINEER is
put to labor or expense by delays imposed on him from causes not within his
control, the ENGINEER shall be compensated for such extra expense by mutual
4 agreement.
If revisions to the work are required by reason of the ENGINEER's
errors or omissions, then the revisions will be made by the ENGINEER
without additional compensation.
ARTICLE XI
WRITTEN AUTHORIZATION
It is. understood and agreed that no work shall be done under this
AGREEMENT until the ENGINEER is instructed in writing by the AUTHORITY's
General Manager or his designated representative, to commence with the
work.
ARTICLE XII
INSURANCE
;: The ENGINEER agrees to furnish, if requested by the AUTHORITY, a
certificate reflecting its coverage by worker's compensation insurance, and
public liability insurance for bodily injury and property damage in amounts
and with carriers satisfactory to the AUTHORITY, and agrees that such
coverage shall be maintained during the term of this AGREEMENT. The
ENGINEER shall be responsible for determining that its subcontractors,
where permitted, likewise carry and maintain insurance coverage. The
ENGINEER further agrees to indemnify and hold the AUTHORITY harmless from
and against any and all claims, demands, or causes or action of whatever
nature resulting from or arising out of any negligent act or omission that
is the responsibility of the ENGINEER, his agents, servants, or employees
in connection with these services.
Nothing in this ARTICLE shall be construed as requiring ENGINEER to
defend the AUTHORITY when the AUTHORITY is alleged to have been
independently negligent or ENGINEER and AUTHORITY negligence is alleged.
ARTICLE XIII
ASSIGNMENT
• This AGREEMENT shall not be assignable in whole or in_part without the
written consent of the AUTHORITY.
ARTICLE XIV
TERMINATION
In connection with all the work outlined or contemplated above, it is
agreed that the AUTHORITY or the ENGINEER may cancel or terminate this
AGREEMENT upon thirty (30) days written notice to the other, with the
provision and understanding that immediately upon receipt of notice of such
cancellation from either party to the other, all work and labor being
performed under this AGREEMENT shall immediately cease, pending final
cancellation at the end of such thirty (30) day period, and further
provided that the ENGINEER shall be compensated in accordance with the
terms of this AGREEMENT for all work accomplished prior to the receipt of
5
•
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notice of such termination. All completed or partially . completed studies,
reports, drawings, documents, and material prepared under this AGREEMENT
.�, shall then be delivered to the AUTHORITY which it may use without
restraint. All rights, duties, liabilities, and obligations accrued prior
4 to such termination shall survive termination. ENGINEER shall be liable
for any damages suffered by the AUTHORITY as a result of ENGINEER's
termination of this AGREEMENT.
r
ARTICLE XV
DOCUMENTS
All documents, including the original drawings, estimates, studies,
reports and materials, are and shall become the property of the AUTHORITY
which it may use without restraint. The ENGINEER may retain a set of re-
producible record copies of drawings and other documents; however, ENGINEER
shall not provide to or use this work product on behalf of any person or
entity without the express written consent of the AUTHORITY.
r
ARTICLE XVI
PRIVATE LAND ENTRY
• No entry onto any property of others by the ENGINEER on behalf of the
AUTHORITY to survey, to perform soil tests, or for other reasons related to
the performance of services within this AGREEMENT shall be made until the
ENGINEER has secured the landowner's permission to so enter and perform
such activities, and the ENGINEER shall hold the AUTHORITY harmless from
any and all damages arising from activities on land owned by others.
ARTICLE XVII
NONDISCRIMINATION
4 The ENGINEER agrees that he will not discriminate against any employee
or applicants for employment because of race, religion, color, sex, age, or
national origin.
ARTICLE XVIII
NOTICES
All notices and communications under this AGREEMENT to be mailed to
the AUTHORITY shall be sent to the address of the AUTHORITY as follows,
unless and until the ENGINEER is otherwise notified:
TRINITY RIVER AUTHORITY OF TEXAS
5300 South Collins
Post Office Box 240
Arlington, Texas 76010
Attention: Mr. Warren N. Brewer
Regional Manager, Northern Region
All notices and communications under this AGREEMENT to be delivered to
the ENGINEER shall be sent to the address of the ENGINEER as follows,
unless and until the AUTHORITY is otherwise notified:
BLACK & VEATCH ENGINEERS - ARCHITECTS
5728 LBJ Freeway, Suite 300
• Dallas, Texas 75240
Attention: Mr. J.C. Hesby, P.E.
Project Manager
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ARTICLE XIX
INDEPENDENT CONTRACTOR
The services performed hereunder by the ENGINEER shall be subject to
• the AUTHORITY'S inspection and approval, but the detailed manner and method
. of doing same shall be under the control of the ENGINEER. In the perform-
ance of work or services hereunder, the ENGINEER shall be deemed an inde-
4 pendent contractor, and any of its employees performing work required
hereunder shall be deemed solely employees of the ENGINEER or its subcon-
tractor, and not employees of the AUTHORITY.
ARTICLE XX
SUBCONTRACTORS
In fulfilling its duties pursuant to this AGREEMENT, it is anticipated
that the ENGINEER may subcontract to individuals, corporations, organiz
tions, governments, or governmental subdivisions or agencies, partnerships,
4 associations, or other legal entities. Such subcontracts may be entered
into only with written approval from the AUTHORITY.
ARTICLE XXI
PRIOR AGREEMENTS SUPERSEDED
This AGREEMENT constitutes the sole and only AGREEMENT of the parties
hereto and supersedes any prior understanding or oral or written AGREEMENTS
between the parties respecting the within subject matter. •
ARTICLE XXII
AMENDMENTS
This AGREEMENT may be amended only by the mutual agreement of the
parties hereto in writing to be attached hereto and incorporated into this
AGREEMENT. •
ARTICLE XXIII
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this AGREEMENT
shall be for any reason held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this AGREEMENT shall be construed as
if such invalid, illegal, or unenforceable provision had never been
contained herein.
•
ARTICLE XXIV
REPRESENTATION •
The ENGINEER represents that no AUTHORITY officer or employee has been
compensated in any way with respect to this AGREEMENT and its consideration
by the AUTHORITY. In no event will the ENGINEER pay a fee to, or in any
other manner compensate, any AUTHORITY officer or employee in •connection
with the approval of this AGREEMENT. A breach under this ARTICLE shall
result in automatic termination of this AGREEMENT. Upon such termination,
the AUTHORITY may use all materials prepared under this AGREEMENT as
provided in ARTICLE XIV, TERMINATION, and ENGINEER shall be liable for all
damage to the AUTHORITY occasioned by a termination under this ARTICLE.
ARTICLE XXV
• GOVERNING LAW
The validity of this AGREEMENT and of any of its terms or provisions,
as well as the rights and duties hereunder, shall be governed by the laws
of the State of Texas.
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ARTICLE XXVI
4
PLACE OF PERFORMANCE
All amounts due under this AGREEMENT, including damages for its
ro breach, shall be paid in Tarrant County, Texas, said Tarrant County, Texas,
4 being the place of performance as agreed to by the parties to this
AGREEMENT. In the event that any legal proceeding is brought to enforce
this AGREEMENT or any provisions hereof, the same shall be brought in
Tarrant County, Texas.
EXECUTED in several counterparts, each of which is deemed to be an
original and as of the date first written above.
4
. TRINITY RIVER AUTHORITY OF TEXAS
BY:
4 DANNY F. VANCE
GENERAL MANAGER
ATTEST:
JACK C. WORSHAM, SECRETARY
BLACK & VEATCH, Engineers- Architects
•
BY:
CHARLES W. DUNCAN, P.E.
RESIDENT PARTNER
ATTEST:
JAMES C. HESBY, P.E.
PROJECT MANAGER
SEAL
•
8
•
LaBaron
Properties, Inc.
soc1os/ 'U '* -' -4 crocs•===4
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ive
D
F eb . 2, 1989 �ry'�FiCF p'49
'�OA' 1:9199 �
Mayor Johnny Westerholm �; �►
City Council of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Re: Zoning ordiance #334 -49 Chapel Downs
Dear Mayor Westerholm,
Due to the necessity of obtaining sewer easements from Chapel Downs
to the source of treatment and the time estimated to obtain same,
it is hereby requested that the second reading for ordiance #334 -49,
for rezoning of land for Chapel Downs be tabled until March 21,1989.
Thank you in advance for your consideration.
7) 7) /
S i neX)? y)/
V /22
John H. Moore
President -La Baron Properties Inc.
i
1 =41=1 754 N. CARROLL• SUITE 4 •SOUTHLAKE,TX.• 76092 • metro (817) 481 -1847