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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 $5,000. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, and Hall Nays: None Approved: 4 -0 Agenda Item #16, Public Forum Bob Couch - Rt. 1, Box 56, Keller. He stated that even though Cheatham would do the TRA study it would still cost the city. Billy Jon Curb - 1640 W. Continental Blvd. Asked if the Chimney Hill addition does anything for Continental Park in regards to sewer. There were no further comments for Public Forum A recess was held before the Executive Session, at 10:55 p.m. Agenda Item #17, Executive Session A. Discussion on any pending or contemplated litigation. B. Discussion on any appointments to Planning and Zoning, Park and Recreation Board and the Southlake Economic Development Council. C. Return to Public Session. Council reconvened in open session at 12:10 a.m. Agenda Item #18, Consider - Pending or Contemplated Litigations No action was taken on this agenda item. City Council Minutes of February 7, 1989 Page 10 Agenda Item #19, Res. 89 -09, Appointment to Planning & Zoning Resolution 89 -09 was approved naming Buddy Luce to the Planning and Zoning Commission. Motion: Hall Second: Evans Ayes: Hall, Evans, and Springer Nays: None Abstained: Muller Approved: 3 -0 -1 Agenda Item #20, Res. 89 -10, Appointment to SEDC Resolution #89 -10 was approved naming Patricia Broecker to the Southlake Economic Development Commission. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, and Hall Nays: None Approved: 4 -0 Agenda Item #21, Res. 89 -12, Appointment to Parks Resolution #89 -12 was approved naming Steve Bender to the Parks and Recreation Board. Motion: Muller Second: Hall Ayes: Muller, Hall, Springer, and Evans Nays: None Approved: 4 -0 Agenda Item #22, Adjournment Motion was made to adjourn the meeting. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, and Hall Nays: None Approved: 4 -0 / or 4 l.c -1,t , ee �e�o�eevae, y' S ayor ` ,b o o . m L A '$ 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 Attachment } /'-- •,,t,,,',,.., 2/71f/7 J 4 PUBL IC ; • EIS DEP.'S • ma" ,X,,:-- . ` 4 / /----ee v eeJ / �r 1/ 9e, , ...--, ,* 74- 7 4,-- 4 X)--,,-- 7 zo —Z) - Z.4"'f-'e d (Z, t - J? kJ .- j a Lf, ,rte yg i--4 e 0 Jte'c ,-,-, .c° g 4:, 0 --i,y , . l - - f 4.-X Z_4 i,„7/arce p /"--/ 1- g G`-a-,, --r 4`5 'Is S L C" 902 F� r GS V cad Z5 ¢L' e J r 2 A'i 7 4e0G11- A ) Z....__ A-...-, ,`� "LP C 41111111111°"11111Z-A.- At° 41111111111111111111111h i i - -1- ; '...; .7 ''. • .' 1 : ' * . . .■ , . q D 0 . A, .±,evo,_ 9',/ :: /.". - . - , ,..__.. .es____ _.e_a_e., ..... i H - - -- io.r : 1,4 / . ' . . "<".. / a 4 / 1:a : " • /. ; V 1 - ai(f e /' ‘ ..- ° . . . . ii41.4 ,n ! - - ,�► 0- ' l o '�_ _ __ ___ . _ __ _ i E I' . .. ti N 14 J • e i _ .-.,,, IA . ii . a — – 1 . ___. _ __ ____ ________ it . a 1 �, C-- • d , ii . - ' . v iie,_c/ Sel_____.c.Z.___:// . • 7.4L_''../ 4.-.7.._ .74-Jeo - in 112 . ...... 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. 2 1/10/89 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. 3 1/10/89 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. 4 1/10/89 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 • 1/10/89 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 6 1/10/89 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. 7 1/10/89 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 0 ms ` r 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