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1989-06-20 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING June 20, 1989 7:30 p.m. Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Councilmembers: Sally Hall, Rick Wilhelm, Ralph Evans and Pamela Muller. City Staff Present: Curtis E. Hawk, City Manager; Fire Chief, R.P. Steele; City Engineer, Eddie Cheatham; City Attorney, E. Allen Taylor and Karen Gandy, Zoning Assistant. Invocation: Ralph Evans A work session was held beginning at 6:30 p.m. for the purpose of reviewing agenda items for tonight's meeting. Agenda Item #2. Approval of Minutes The minutes of the June amended. Motion: Springer Second: Evans Ayes: Springer, Evans, Nays: None Approved: 5-0 vote 6, City Council meeting were Hall, wilhelm, Muller approved as The minutes of the June 12, Special approved as presented. Motion: Springer Second: Evans Ayes: Springer, Hall, Wilhelm, Muller Nays: None Abstention: Evans Approved: 4-0-1 City Council meeting were Agenda Item ~3. Mayor's Report Mayor Fickes announced that tonight's meeting will be conducted out of order with the agenda. Also that agenda item ~12, Ordinance No. 480, will be a discussion rather than a consider item. Agenda Item #4. Cit~ Manager's Report Curtis Hawk reported that the department reports were in the packets and if Council had any questions, he would be glad to answer them. City Council Minutes June 20, 1989 page two A~enda Item #4 Continued Mr. Hawk stated we have a list of public property that has been damaged by the recent rains, including; bridges, roads and culverts. We have had the opportunity to apply for disaster relief. The governor declared a number of Texas counties including Tarrant County, a disaster area, eligible for federal relief. We have submitted our name to them and they will be coming out in the very near future to inspect those facilities that have been damaged. Those that are determined damaged are eligible for 75-25% participation in the correction of those. Disaster relief is also available to citizens. There is a Hot-Line number at city hall for those who may have a problem. We have again for the third consecutive month, received more sales tax receipts as for the same period last year. One reason, one of our accounts had been going to Roanoke. Because of several things, we will be close to budget projections this year. A~enda Item #5. Ordinance No. 481. Adopting 1988 UBC Swimming Pool, Spa and Fence Code Ordinance No. 481, 1st reading, amending Ordinance No. 344 by adopting the 1988 UBC Swimming Pool, Spa and Fence Code, was discussed. Mr. Hawk explained the change from Ordinance No. 344 which we are now under. Mayro Pro Tem Springer stated she is uncomfortable with a four (4)' fence around pools. She feels small children can go over a four (4)' fence easier than a six (6)' fence. She is also opposed to the 6" sphere openings in the fence. Councilmember Hall stated she agrees with Springer in that swimming pool deaths in children are the biggest cause of death in children. She wants to stay with the UBC but would like to see council amend it. Motion was made to adopt the UBC with the amendment leaving a four (4) feet fence and having a four (4) inch maximum on the pass through sphere, making the latch 3 1/2 feet from the ground on the gate. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans Nays: Springer, Muller and Hall Denied: 2-3 vote City Council Minutes June 20, 1989 page three Agenda Item 95 Continued Motion was made to approve Ordinance No. 481, 1st reading amending it to read, a five (5) feet fence, and the gate latch being no less than four (4) feet from the ground and the pass through sphere no more than four (4)inches. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm and Evans Nays: None Approved: 5-0 vote CONSENT AGENDA Mayor Fickes read the caption in regards to consent agenda items. Agenda Item 96 & 913 Consent Agenda Items Resolution No. 89-40 In support of Highway 114/121 corridor study. traffic Travel Policies. Motion was made to approve the consent agenda, amending the travel policies as discussed in the work session. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm and Evans Nays: None Approved: 5-0 vote Agenda Item #15. Executive Session An executive session was held pursuant to the Open Meetings Law, Article 6252-17, Section 2(e) and Section 2(g), under the provision dealing with Litigations and Personnel. (Refer to posted list of litigations and personnel). Mayor Fickes stated the reason for the executive session is for Council to discuss pending or contemplated litigations and personnel matters, including Boards and Commissions. Council convened in Executive Session at 8:00 p.m. City Council Minutes June 20, 1989 page four Council reconvened in Open Session at 10:00 p.m. Agenda Item 97. Ordinance No. 334-58, 2nd reading A zoning request for a 2.45 acre tract of land out of the Jesse G. Allen Survey, Abstract No. 18, Tracts 6C2 and 6C1A. Present zoning is Agricultural with a request for the Industrial-1 and Industrial-2 zoning district. Owners: Leslie Hughes and Mark Stanfield, dba H&S Properties, Inc. Mayor Fickes read a letter from H&S Properties, where they requested the zoning request be withdrawn. Motion was made to accept the withdrawl of ZA 88-35 and authorize the city secretary records of the city that Ordinance No. 334-58 was not effective because it was not passed on second reading. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans and Muller Nays: None Approved: 5-0 vote the applicants for to reflect on the made fully Mayor Fickes stated he thinks council may have stubbed their toe on this in some way because of the requirement that was placed on the owners in regards to the road. Now we don't have the control on the property that we might have had. They were willing to accept Industrial-1 zoning, it was the dirt road that was the problem. They might come back at some later date when they need zoning. Councilmember Hall stated she does not think city council stubbed their toe, as it was a reasonable direction by council to get some resemblance of control and organization regarding this industrial zoning. Council backed off of masonry, we didn't require a paved surface, just dust free, all in compliance with council's regards for health, safety and welfare. If the owner doesn't wish to follow, it is his opinion, we are no better off than we were before, he is still a non conforming use. A~enda Item %8. ZA 89-17 Final plat, Chivers Park. The final plat of Chivers Park was discussed. Karen Gandy, zoning assistant, gave a presentation. Jim Burger, partner in the Highland Group Joint Venture, was present and answered questions for the council. City Council Minutes June 20, 1989 page five Agenda Item #8 Continued Councilmember wilhelm stated he wants the 15' utility easement to be identified and labeled on the plat, rather than a dash line. When asked about the perimeter street, Mr. Burger stated he was not told about the ordinance being enforced. Mayor Fickes stated the perimeter street ordinance is one of the projects that the newly formed technical review committee will be looking at. Motion was made to approved ZA 89-17, waiving the requirement to pave perimeter streets, pursuant to the subdivision control ordinance. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Muller, Hall and Springer Nays: None Approved: 5-0 vote Mayor Pro Tem Springer stated she wants the check list for developments revised and made perfectly clear. Davis Bradley, with Highland Group Joint Venture, stated they accept the perimeter street concept on Lot 4 of Chivers Park. Councilmember Sally Hall stepped down for agenda items ~9 and #10, as being a property owner within 200' Agenda Item #9. Ordinance No. 334-59, 1st reading. Ordinance No. 334-59, 1st reading (ZA 89-14) Zoning request for a 17.876 acre tract of land out of the Heirs of Christopher Dart Survey, Abstract NO. 2003 and the W.H. Martin Survey, Abstract No. 1068 was discussed. The present zoning is Agricultural, with a request for the Single-Family 1 Zoning District. Owners: DDFW Triangle Properties, Inc. and Bob Petty. This is a public hearing. Karen Gandy, zoning assistant gave a presentation stating the future land use map shows medium density for the property. During the June 8, Planning and Zoning Commission meeting, they recommended approval as requested. Public Hearing Don Peebles, Council. Peebles Associates, answered questions for the City Council Minutes June 20, 1989 page six Agenda Item #9 Continued No further comments during the public hearing. Motion was made to approved Ordinance No. 334-59, requested. Motion: Muller Second: Springer Ayes: Muller, Springer, Wilhelm, Evans Nays: None Approved:4-0 vote (Hall stepped down for the item) 1st reading as Agenda Item #10 ZA 89-15 Preliminary Plat of Hillwood Estates A preliminary plat of Hillwood Estates, a 17.876 acre tract of land out of the Heirs of Christopher Dart Survey, Abstract No. 2203 and the W.H. Martin Survey, Abstract No. 1068 was discussed. The owners; DDFW Triangle Properties, Inc. and Bob Petty, were present for the meeting to answer questions. After discussion, motion was made to approve the preliminary plat of Hillwood Estates, subject to a change in the street names and correction of the calls on the preliminary plat. Motion: Muller Second: Evans Ayes: Muller, Evans, Wilhelm, Springer Nays: None Approved: 4-0 vote (Hall stepped down for this item) Agenda Item #11. Ordinance No. 334-60, 1st readin~ Ordinance No. 334-60, 1st reading was discussed. The zoning request is for a 73.188 acre tract of land out of the N.E. Thompson Survey, Abstract No. 1563. The concept plan was also presented. The current zoning is Agricultural, with a request for Single Family 20.0B Zoning. The owners, DDFW Properties, Inc. and Bob Petty were present to answer questions for the Council. Mr. Wayne Lee, owner, stated the lots abutting Emerald Estates are over 30,000 square feet in size. He also noted that the entry markers for the subdivision will be maintained by the homeowners association. The staff presentation was made by Karen Gandy, zoning assistant. City Council Minutes June 20, 1989 page seven A~enda # 11 Continued A discussion was held in regards to an easement being provided on the preliminary plat for future ingress/egress off Lonesome Dove Road. Councilmember Hall stated, since there will be no school bus pick-up in that area, she would like to see a sidewalk or walkway for children to use to and from school. Public Hearin~ Michael Totin- 1230 Taylor Street He contacted thirty (30) people in Emerald Estates and they all wanted one acre next to them and not 30,000 square feet lots. He asked City Council to amend the ordinance to allow for one acre next to one acre. The drainage ditches in Emerald Estates are always full. That subdivision needs sewer before anyone else. They also need their culverts checked for size. Public hearing closed. Mayor Fickes read the caption of ordinance No. 334-60 as required by city charter. Motion was made to approve Ordinance No. 334-60, 1st reading provided the five (5) lots south on Court D be 30,000 square feet and zoned 20.0A with the remaining lots being zoned 20.0B. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm and Muller Nays: None Approved: 5-0 vote A~enda Item #12 Ordinance No. 480, 1st reading. A discussion was held in regards to Ordinance No. 480, the city's new proposed zoning ordinance. As stated during the Mayor's Report, this item will not be acted upon as a 1st reading tonight. City Council Minutes June 20, 1989 page eight A~enda Item 912 Continued Public Hearing: Mary Knuff- 1381 Lakeview Drive She expressed concern over "MH" being adjacent to Cross Timber Hills Estates on the new zoning map. During the June 12, work session, it was stated that this zoning was placed there in error, however, it is still on the map. Jim Martin- 768 Bandit Trail, Colleyville The city council is aware of what he needs for as Jellico Corner. his property, known John Levitt- Levitt Engineering He expressed concern over the set-backs in residential areas. He is seeing problems in working up plats, with all the set-backs, it leaves a very small building pad. He is asking City Council to look at this and reduce the front set backs to 30' or 35' Wayne Lee- He is also having problems with to take a closer look at this. set backs. He asked City Council Agenda Item %14. Public Forum There were no comments during the public forum. Agenda Item #16, #17 Action Necessary Mayor Fickes stated that no action is necessary as a result of agenda item #16 and item %17. Agenda Item #18. Resolution 89-41 Resolution 89-41 was approved naming Art Sorenson as chairman the Board of Adjustments and John Scoggan as vice-chairman. Motion: Muller Second: Springer Ayes: Muller, Springer, Hall, Wilhelm, Evans Nays: None Approved: 5-0 vote of Motion was made to appoint Joe Bentley Board of Adjustments, also in Resolution Motion: wilhelm Second: Evans Ayes: wilhelm, Evans, Hall Nays: Springer Abstention: Muller Approved: 3-1-1 as an alternate member to 89-41. City Council Minutes June 20, 1989 page nine Councilmember Springer is not questioning Mr. Bentley's qualifications to serve on the Board of Adjustments, but rather is concerned about the ramifications of appointing the spouse of a current Councilmember to a board which will be hearing and voting upon matters that potentially will have been voted upon by the Councilmember also. Agenda Item #19. Resolution 89-42 Resolution 89-42 was approved, appointing a technical review committee to review certain aspects of the city's development policies. Motion was made to approve Resolution 89-42, naming the following persons to the committee: Barry Emerson, Charles Curry, Jim Wooll, Bruce McCombs, Fred Joyce, Joe Wright and Harold Knight. Motion: Hall Second: Evans Ayes: Hall, Evans, Muller, Springer and Wilhelm Nays: None Approved:5-0 vote Agenda Item #20. Adjqurnment Motion was made to adjourn the meeting. Motion: Muller Second: Hall Ayes: Muller, Hall, Evans, Wilhelm and Springer Nays: None Approved:5-0 vote Mayor AFFIDAVIT OF INTEREST THE STATE OF TEXAS COUNTY OF TARRANT CITY OF SOUTHLAKE BEFORE ME, the undersigned authority, in and for said State of Texas, on this day personally appeared s• _.. /R. H LL + who after being by me duly sworn, did on oath tt,ate that he has an interest, as described below, in Agenda Item No. _9 - /pof the rti,J -- . -. O 1981, City Council Agenda, as described below, and that he is executing this Affidavit of Interest and shall refrain from any vote or decision thereon, all as required by Article 988b, Texas Civil Statutes Annotated Agenda Item:__ Q __ -_ Interest Disclosed:. - - - L a ; - - , q00 U _ - 1� - F... Signature of Elected or Appointed City Official of the City of South- lake, Texas. ���� � GIV UNDER MY HAND AND SEAL OF OFFICE this the - .. -. _p ... .. _ . ... day of _ 4 --- - -- - - 19 / , -7 v,a 4( ,( /' -- -. -- NOTARY PUBLIC STATE OF TEXAS MY COMMISSION EXPIRES: 2 -4 -89 Filed with me, this the .. .. _ _ ),Z. _ _ _ _day of _ l __,/ ... , 19P7 at . .. . . . . . . . . .o ' c l o c k p.m. `4e�`� g9911..1...4 9 litBBl1! /, /0, >" - 4 , 404,_ ,- -j, ,, 1 ��W ;.:. s "ty Secretary, City of Southlake t -_ '- r .-- • :7":v, I 1 I II Z ir C.‘) i."- .,-.. trI 1 ..-1 '0 Cri J I- • Mt il.■ Il k ------- \ 2 5 I v I I P tN))j ,-- p„ G t7 r i . " 4 ---- g' j ~ ....... p L ., , - ,$ C I z .-3 r_ I 0 t tri r c - z i -7 n UI z . :. - n W `J I z rn Z # 4 ) d t C7 ‘ C' v c n \ M -3 . . !' June 14, 1989 ` q � f `� �� d 1 City of Southlake t 667 N. Carroll Avenue Southlake, Texas 76092 Attention: Mayor, City Council Members, City Manager & City Secretary Re: Zoning Application for H & S Properties Gentlemen: Leslie Hughes and Mark Stanfield, co- owners of H & S Properties, respectfully request withdrawal of their application for I -1 and 1 -2 zoning because of changes by the City Council to strictly I -1 zoning. H & S ipperties Leslie Hughes Mark Stanfield LS:ms CITY Y Ur' SUUTHLAKE GENERAL FUND COMPARATIVE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE MAY 31, 1989 FY89 FY89 ENCUMBRANCE TOTAL ACTUAL YTD BUDGET YTD ACTUAL & ENCUMBERED Revenues: Taxes: Property $1,601,824 $1,600,673 Sales $168 600 $167,290 Franchise $159, $167 638 $182,097 Licenses and Permits $85,918 $88,489 Charges for Services $26,912 $18,709 Fines $239,400 $147,564 Interest $3,460 $18,064 Miscellaneous $9,171 $14,864 Total Revenues $2,294,923 $2,237,750 $0 $0 Expenditures: Current: General Government: City Sec /Mayor /Council $55,127 $56,904 $404 $57,308 Administration $283,990 $338,897 $603 $339,500 Court 593,774 $78,508 $0 $78,508 Total Gen. Gov't $432,891 $474,309 $1,007 $475,316 Public Satety: Fire $238,302 $232,873 $823 $233,496 Police $503,514 $469,548 $5,081 $474,629 Building $90,309 $80,971 $0 $80,971 Total Pub. Satety Sti3U,125 $783,192 $5,904 $789,096 Public Works: Streets $295,864 $138,666 $5,606 $144,272 Parks $35,271 $21,444 $1,179 $22,623 Public Works $21,269 $20,208 $0 $20,208 Total Public Works $352,404 $180,318 $6,785 $187,103 Total Expenditures $1,615,420 $1,437,819 $13,696 $1,451,515 Excess Rev. (Expenditures) $679,503 $799,931 Other Financing Sources (Uses): Debt Service Transfers ($108,515) ($58,959) `trans. Out- Police Fund 1/89 ($13,848) Excess Revenues & Other Financing Sources over Expenditures & Other Financing Uses - Actual $570,988 $727,124 Fund Balance 10/01/88 ($90,531) ($90,531) Prior Period Add. ($4,015) ($4,015) Fund Balance 5/31/89 $476,442 $632,578 City of Southlake, Texas M E M O R A N D U M June 12, 1989 TO: Mr. Hawk FROM: Renee McCarty SUBJECT: Reasons for large May sales tax disbursement I called the State Comptroller's office today after receiving our May sales tax disbursement. I was concerned that an error occurred since it had increased by 75% over last year for the same period. The Mr. Faner from their office assured me that the disbursement was correct. He gave me the following reasons for the large amount the City received this month. 1. We had some accounts that filed late. 2. One account had been reporting to Roanoke in error. Also, that account's sales increased significantly over last year. 3. Generally, Southlake's sales increased slightly. 4. Approximately $8,000 of the disbursement was associated with IBM functions. If IBM brings anything in from out of state for the portion of their buildings that are on the Southlake side, we still receive sales tax on those items. The example he gave was communications equipment. City of Southlake, Texas M E M O R A N D U M June 12, 1989 TO: Mr. Hawk FROM: Renee McCarty SUBJECT: Sales Tax Summary through 6/12/89 SALES TAX SUMMARY October, 1988 - May, 1989 MONTH RECEIPT AMOUNT SAME MONTH LAST YEAR %CHANGE OCT $ 27,970 $ 35,715 -21.69 NOV 15,428 22,647 -31.88 DEC 17,830 16,323 9.23 JAN 26,756 32,703 -18.19 FEB 15,894 13,163 20.75 MAR 14,788 9,325 58.47 APR 48,635* -6.58 (13,281) 35,353 37,845 MAY 27,825 15,510 75.40 TOTAL $ 181,844 $ 183,231 -.76 Based on the percent decrease calculated on the total year re to date receipts compared to the same period last year, sales tax collections will be $297,720 for fiscal year 1989, a difference of $2,280. * The April receipt includes $13,281 in back taxes collected as a result of the tax consultant's investigations. Our regular monthly receipt amounts to $35,353. The year to date total of is calculated based upon the regular receipts, in order to facilitate comparison. 1 1 1 -4 -4 ID 0 1 - 1 K On .....;r..c›.. 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NW411,1(71rJ CM W J:•NrU1N r•O VNrO WPWJw .4'00Q WOONWJr Or w�Jr41U1U1 01K r u IOr Nr WIV r41 4))'0 N_0'410 N ON r PO 0.0"0"0.00 V-IO P V OU1 r r r rt3 0 .0- •.-'J OW0•I.11 ONOJ0"041Jrr NNOPWctsww0 W`aV NOWOrrP ID ID or 1.-.02WP.0W41O747 W0"0,O1, 0,. 003wCZ, wW•Or rt. - N (. 74J1JNr NINV•00 Nr41U1P W NrrVW U b 10 X I 1 I 1 1 !NI rIN IrrNN N 1 r l U'- r 1rr W Nrrrr r A W J;•N WrW JN Nr0.0"0303 1•Ulr_N4NOV S V 01 r .0 . . . . 0NP0 Nw..WW.W OWW•OW.PWVPO.VU10.OPJ.••.0c..W 7 0' OrJWVV.O rONCNr NrrP.O0J00003V O.OWWWPN b X X1. \ A' \ X XX XIXXXXX XXX* XXX>- X:eXXXX \' X.\'- \'X 10 CITY Ur' suUTHLAKE CASH ANALYSIS SUMMARY FISCAL YEAR 1988 -89 OCT NOV DEC JAN FEB Beginning Cash Balance 8,324 79,343 7,877 141,224 107,529 Deposits 399,159 164,041 355,553 963,986 350,601 Investments (785,000)(160,000) Accounts Payable (232,437i (64, 788)(110,552)(118,685)(132,930) Payroll (84,284)(139,661) (94,741) (93,996) (92,108) Debt Service (11,419) (31,058) (16,913) Ending Cash Balance 79,343 7,877 141,224 107,529 73,092 MAR APR MAY JUN JUL Beginning Cash Balance 73,092 52,012 14,325 Deposits 425,635 178,028 244,413 investments dd Accounts Payable (343,88511(123,805) (95,767) Payroll (89,413) (91,910)(139,752) Debt Service U Ending Cash Balance 65,429 14,325 23,219 0 0 Footnotes: 1. 225000 Tax Anticipation Notes 2. 175972 Pay ott commercial loan 3. Redemption of Certificates of Deposit 4. Pay off of lax Anticipation Notes 5. Redemption of Certificate of Deposit 6. Redemption of Certificate of Deposit CITY OF SOUTHLAKE CASH ACTIVITY REPORT - GENERAL FUND FOR THE PERIOD ENDED, MAY, 1989 WEEK ENDING DEPOSITS - ACCOUNTS PAY. - PAYROLL - DEBT = RUNNING SERVICE BALANCE Beginning Balance: $ 14,325 05/05/89 $ 19,851 49,868& $ 16,739 $ 45,219 $ $ 22,086 05/12/89 24,600 27,715 18,971 05/19/89 66,045 6,911 45,714 32,391 05/26/89 16,392 6,178 42,605 06/02/89 67,657 38,224 48,819 23,219 & Redemption of Certificates of Deposit Average Weekly Deposit: $ 38,909 (excluding footnoted items) Average Weekly Disbursement (excluding footnoted items): 19,153 Average Payroll: 46,584 Total Certificates of Deposit to Date: 520,000