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1990-03-06
CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting March 6, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Betty Springer. Members: Rick wilhelm, Sally Hall, Ralph Evans, and, Pamela Muller. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Billy Campbell, Police Chief; Bob Steele, Fire Chief; Eddie Cheatham, City Engineer; Wayne Olson, City Attorney, and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. for the purpose of discussing the items on the agenda for tonight's meeting. The Regular Meeting was called to order by Mayor Gary Fickes at 7:30 p.m. Agenda Item ~2, Approval of the Minutes The Minutes of the February 20, 1990, approved as amended in the work session. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans Nays: None Abstention: Muller Approved: 4-0-1 City Council meeting were A~enda Item #3, Mayor's Report Mayor Fickes suggested that an Advisory Committee be set up to determine the advantages and disadvantages of having a "Court of Record" in the City of Southlake. The Mayor noted that the committee should be comprised of at least five (5) members. Anyone interested in serving on this committee should apply with the City Secretary. The item will possibly be considered during the City Council meeting on March 27, 1990. The Mayor announced that on February 28, he and Mayor Pro Tem Springer attended a Trinity River Authority (TRA) Board meeting where the selling of bonds for the S-6 Sewer Line was considered. TRA also approved the contract with the City of Colleyville, City of Keller, City of North Richland Hills and City of Southlake during the meeting. The TRA approved the contract with City of Colleyville, and, after the execution of the contract, and some other things happening, Southlake will have sewer. City Council Minutes March 6, 1990 page two Agenda Item # 3 Continued Mayor Fickes stated that three (3) Council seats are up for reelection during the May 5, 1990 General Election. The filing deadline is March 21, at 5:00 p.m. in the Office of City Secretary. Agenda item #23 on tonight's agenda will be moved between items #13 and #14. Councilmember Sally Hall reported on the D.A.R.E. Program, stating that the D.A.R.E. Officer has completed his course for the program. He and the Police Chief made a presentation during the P.T.O. Meeting last week, and Mrs. Hall had hoped that it could be given during the City Council meeting tonight, however, Officer Bedrich was not available, as he was at the Open House at the schools. Councilmember Wilhelm stated he has had a lot of terrifically positive feed back on not only the D.A.R.E. Program, but on Mike Bedrich. The kids really enjoy talking with him, not only as a D.A.R.E. Officer, but Bedrich as a person. Chief Campbell stated that the handouts that were given at the schools will be given to the City Manager for the Council in the near future. Councilmember Wilhelm noted that the Southlake Economic Development Council will be meeting at City Hall, on Wednesday, March 7, 1990, beginning at 8:30 a.m. Mayor Fickes noted that the applicant for Agenda Item #14, Ordinance No. 480-15, 1st reading, asked for tabling for tonight's meeting. Councilmember Sally Hall noted that Chief Steele, David Barnes, representatives from Fina, Explorer Pipeline and Conoco, and herself, met in an effort to discuss the needs in regards to safety issues concerning the gasoline terminals. They will be having another meeting next week. The terminals have submitted fire plans and evacuation plans. The Fire Departments which would be involved if a fire should occur in that area, will be having a practice drill in the near future. Mayor Pro Tem Springer thanked Mrs. Hall and other members of staff who have worked on this project. City Council Minutes March 6, 1990 page three Agenda Item #3 Continued Mayor Fickes informed the audience that a work session will be held on March 13, at 7:00 p.m. for the purpose of discussing the Fiscal Year 1988-89 Audit Report, and, an Update of Water and Sewer Projects· The second Regular City Council meeting for March has been changed from March 20, to March 27. Agenda Item #4 City Manager's Report Curtis Hawk, City Manager, reported that he had no comments during this time. Agenda Item ~5 Consent Agenda The consent agenda will include agenda item ~5 as follows: Resolution 90-18, authorizing the Mayor to enter into an agreement with the American Red Cross for emergency activities. Motion was made to approve Resolution 90-18, in the consent agenda. Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote Agenda Item #6 Public Forum Pat McCormick, Manager of Selwyn School. Ms. McCormick stated she has been talking with Karen Gandy for several months in regards to the Special Exception Use permit for portable buildings for the school, which is about to expire. She asked to be placed on the next City Council agenda. Agenda Item #7, 2nd Public Hearing in Regards to Annexation Karen Gandy, Zoning Administrator made a presentation in regards to annexation of certain property into the City of Southlake. She stated she has had considerable conversations with Mr. Bill Massey in regards to his 24.55 acre tract of land described in Tract 1. Massey indicated that at this time, he would like his property brought into the City as "Agricultural", if he chooses to rezone it, it will be at a later date. Gandy noted that Tract 2, a 3.61 acre tract of land on the North side of Hwy 26, East of Brumlow Avenue, is owned by Fina Petroleum Corporation. They acknowledged receiving the letter from the City Secretary, and asked that the property be brought into the City City Council Minutes March 6, 1990 page four Agenda Item %7 Continued with the same zoning and Special Exception Use Permit as the rest of their property. Public Hearing: Bill Massey, 2929 North White Chapel Blvd. Mr. Massey stated he is satisfied, but wants to clarify the fact that if he wants to repair the building he can, and if he has a fire, he will be able to rebuild the way it was. It was established that if less than 50% of the structure is lost, in a fire, Mr. Massey will be able to repair it as is, or if the replacement cost is less than 50%, he can repair to the present status. If the damage is more than 50%, the entire structure will have to be brought up to all city codes and city ordinances. No other comments were received during the public hearing. Agenda Item #8, Resolution 90-17, Proceeding with Annexation. Resolution 90-17, authorizing the City Attorney to draft the appropriate ordinances in regards to annexation of certain tracts of land into the City of Southlake, was discussed. Motion was made to approve Resolution 90-17, authorizing the City Attorney to draft two ordinances for annexation, and for the City Manager and City Attorney to begin the process to zone Tract 2, as Industrial-2, with Special Exception Use Permit for Fuel Terminal. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Hall, Evans, Muller Nays: None Approved: 5-0 vote. Agenda Item #9, Ordinance No. 479, 2nd reading. Airport Zoning The City Manager reviewed facts surrounding the settlement agreement between the City, DFW Airport, the Airlines, and, F.A.A. Part of the agreement is they would provide for the city, the necessary studies and the noise corridors, through which their centerline flights would be conducted and we would adopt a zoning ordinance that would allow for development within the noise corridor that would be compatible to the aircraft over flights. He noted that the ordinance does that. It is his understanding that in regards to the agreement, the ordinance has to be adopted this month. City Council Minutes March 6, 1990 page five Agenda Item 99 Continued things City Council and coordinate the zoning ordinance and Essentially, there 75 Ldn, and we don't Councilmember Wilhelm noted that one of the feels is important is that they should try incompatible land use table with the existing zoning ordinance classifications in our city. is no single family housing authorized in the have any in there, except for the one house, approved some time ago. In the 65 to 75 Ldn corridor, Single Family housing is permitted with some deadly insulation. The builder must certify to the city at the time the building permit is issued, that the deadly insulation will be used. And again at the time the Certificate of Occupancy is issued, he must certify that it is in place. We are not disallowing housing in the 65 Ldn corridor, it is just that we are making it quieter. The public hearing resulted with no comments from the audience. Mayor Pro Tem Springer stated that she will vote against this ordinance for the same reasons she voted against the settlement agreement, for the following reasons: 1) she disagrees with using the 1974 tables; 2) she disagrees with averaging the noise and not addressing single event noise; and, 3) she thinks we are allowing the airport to dictate to the city. She recognizes their is a need to establish zoning in those areas so that our residents don't find themselves in a difficult situation in the future, but feels the airport has done the city wrong in some areas in the past and cannot support an ordinance she feels favors the airport. Motion was made to approve Ordinance No. Compatible Zoning Ordinance. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, Muller, Evans Nays: Springer 479, 2nd reading, Airport Mayor Fickes read the caption of the ordinance. Approved: 4-1 vote Agenda Item %10, Ordinance No. 497, 2nd Management Program The City Secretary noted that the ordinance, Administration of a Records Management Program, is the in compliance to the Texas Local Government Records Act, the 71st Legislature, effective on September 1, 1989. reading. Records Establishment and first step enacted by City Council Minutes March 6, 1990 page six Agenda Item ~10 Continued Ordinance No. 497 provides for the establishment and administration of a records management program and names the City Secretary as the Records Manager for the City. No comments were received as the result of the public hearing. Motion was made to approved the 2nd reading of Ordinance No. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Hall, Wilhelm Nays: None 497. The caption was read by Mayor Gary Fickes. Approved: 5-0 vote. Agenda Item ~11, Ordinance No. 500, 2nd reading. Signalization The City Manager explained that Ordinance No. 500, will allow for signalization at the intersection (service road) of SHll4 with Wall Street and with Park Blvd. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 500, 2nd reading, Signalization at the intersection of SHll4 with Wall Street and Park Blvd. Motion: Second: Ayes: Nays: Muller Springer Muller, Springer, Hall, Wilhelm, None Evans Mayor Fickes read the caption of Ordinance No. 500 Approved: 5-0 vote. Agenda Item 912, Pre Plat of Austin Oaks Addition (ZA 89-02) The preliminary plat of Austin Oaks Addition, a 1.33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458, Tracts 2C and 2D, was discussed. A presentation was made by Karen Gandy, who stated the property in question will access a 39.91 acre tract of land in the City of Grapevine. The current zoning on the property is C-1 Zoning District. On February 8, 1990, the Planning and Zoning Commission forwarded the item to City Council with a 2-2-1 vote. City Council Minutes March 6, 1990 page seven Agenda Item #12 Continued Gandy reported that she and Mike Barnes met with City of Grapevine in an effort to find a solution in regards to the ingress/egress onto State Highway 114. Two possible solution were discussed: 1) moving the access road to develop further east to come out on the existing service road in front of Skaggs Alpha Beta; and, 2) use of barricades for emergency ingress/egress only, used by emergency vehicles. Council suggested that before the final plat is approved, the following issues need to be resolved: 1) barricade information, 2) escrow fund information, and, 3) easements (if needed). Councilmember Wilhelm noted that this is over-all, better for the city, and, a lot of earlier issues are resolved because of this solution. Motion was made to approve the preliminary plat of Austin Oaks Addition, a 1.33 acre tract of land, subject to the road being used for ingress/egress of emergency vehicles only, and subject to the erection of brake away barricades, to insure traffic control; subject to the establishment of an escrow fund for the construction, repair and replacement, design and materials of the barricades; subject to the erection of barriers along the side of the road, if needed; and, subject to the owner granting the required easement to the City of Southlake for sanitary sewer purposes. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer Nays: Hall and Muller Approved: 3-2 vote Councilmember Muller stepped down for agenda item #13. Agenda Item #13, Ordinance No. 480-14, 1st reading. Burger & Eakins Zoning zoning request for a 2.07 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, being legally described as the City Council Minutes March 6, 1990 page eight Agenda Item 913 Continued northern portion of Block 1, Lot 25, woodland Heights Addition. Karen Gandy made a presentation stating that nine letters were sent to property owners within 200' feet and she received two responses, one in favor and one opposed. She received two other replies (not within 200') both opposed to the request. She stated that Richard Eakins was informed that prior to the sale of the lot, the property would have to be replatted. February 22, 1990, the Planning and Zoning Commission recommended that the zoning be changed to Commercial-1 Zoning District, from the requested Commerical-2 Zoning District, as a compromise. Public Hearing Richard Eakins, 216 Westwood, stated that when they subdivided Woodland Heights Addition, they filed deed restrictions stating that Lots 1 and 25 would be zoned as commercial. He added, that they have no problem with the Planning and Zoning recommendation of Commercial-1. They do feel, however, that the requested Commercial-2 Zoning District would allow them more uses. Noland Clemmons, 219 Westwood Mr. Clemmons presented a petition Woodland Heights Addition. (The into the minutes of the meeting). from property owners within the petition is hereby incorporated Public Hearing Closed Councilmember Wilhelm commented that a Commerical-1 Zoning was established to be compatible with residential zoning. Motion was made to approve Ordinance NO. 480-14, 1st the zoning change to Commercial-1 Zoning District Woodland Heights Addition. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Springer Nays: Hall (Muller stepped down for this item) reading for for Lot 25 Mayor Fickes read the caption of the ordinance. Approved: 3-1 vote Councilmember Muller returned to Council table. City Council Minutes March 6, 1990 page nine Agenda Item #23, Street Priority List The City Manager, Curtis E. Hawk, stated that the street priority list attached, showing the concerns of city staff, is the first shot at arriving at a list which will be sent to Tarrant County. It is important that we accomplish this task as soon as possible, as the County schedule is made on a first come first serve basis. Public Comments: Mary Forbes, representing Meadow Oaks Addition. Mrs. Forbes referenced a letter she gave to the City Council at the last meeting. She wants the City Council to know that the pictures she presented, were not out of proportion. She referenced several dangerous curves and hopes that the City Council will recognize the danger of the road as it is now. Aloha Payne, 1213 Whispering Lane Mrs. Payne noted an area in front where the road is washing away. of Johnson Elementary School Sonny James, 305 South Kimball Avenue Mr. James stated he does not think City Council could find a road in the City of Southlake as bad as South Kimball. It is unsafe and a tremendous wear and tear on their vehicles. The property owners in the area have been patient and know budgets are tight. If City Council has any questions, please drive down South Kimball Avenue. Mayor Fickes suggested that the Director of Public Works look at the portion of Highland between Highway 114 and White Chapel Blvd, and also get the traffic counts on South Kimball Avenue, around to Brumlow Avenue. Council went into recess at 9:35 p.m. Council returned to session at 9:50 p.m. Agenda Item 914, Ordinance No. 480-15, 1st reading. Permit for Beer-By-The-Glass Special Use The City Manager reported that the applicant, Ken Golba Pizza Parlor, has requested that this time be tabled, time April 3, 1990, for Ordinance No. 480-15, 1st reading. d/b/a/ certain City Council Minutes March 6, 1990 page ten A~enda Item #14 Continued Motion was made to table Ordinance No. 480-15, certain, April 3, 1990. Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote (to table) 1st reading, time A~enda Item #15, Ordinance No. 501, 1st reading. Freeport Exemption Curtis Hawk, City Manager, explained that this ordinance is a follow up from an ordinance which was approved in December. The Legislature, in 1989 approved as a Constitutional Amendment, exempting goods in transit from local taxing entities. It gave the local taxing authority an option of either taxing the property or acting to exempt the property. Once you exempt the property, it is for ever more. Council asked staff to come up with some comparisons of what other cities are doing in regards to this. A listing of the action taken by other cities has been provided to the Council. If City Council wants to exempt the property, it cannot be changed. Motion was made to approve 1st reading of Ordinance No. Motion: Hall Second: Evans 501. Mayor Fickes read the caption of ordinance No. 501 Ayes: Hall Nays: Wilhelm, Denied: 1-4 vote Springer, Evans, Muller Motion was made ordinance to read, Motion: Springer Second: Evans to approved Ordinance No. 501, "providing for exemption of property". Mayor Fickes read the caption of ordinance No. amended. Ayes: Springer, Evans, Nays: Hall Approved: 4-1 vote Wilhelm, Muller amending the 501, as City Council Minutes March 6, 1990 page eleven Agenda Item #16. Ordinance No. 502, 1st reading. G.O. Refunding Bonds Series 1990 and Resolution 90-22 The City Manager explained that during the City Council meeting of January 16, 1990, a presentation was made outlining the advantage of restructuring our current debt by refinancing our outstanding bonds. The idea was to free up some of the tax rate currently reserved for debt, to be used for new debt obligations. He added, that the financial advisors, First Southwest, reported that today, if council approved, the bonds have been sold at a very favorable rate. He recommended to Council that Ordinance No. 502, be approved, as it will give the City a start into the next year. Boyd London, First Southwest, was present for the meeting, to answer questions for the Council. Motion was made to approve Ordinance No. 502, and Resolution 90-22, authorizing the issuance of the refunding bonds. Motion: Wilhelm Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 4-0 vote Evans, Springer (Councilmember Muller had left the room and was not present for the vote.) Agenda Item #17, Resolution 90-19, General Obligation Bond Resolution 90-19, providing for the redemption of outstanding obligations of the City; and resolving other incident and related to the redemption of such obligations. certain matters Motion was made to approve Resolution 90-19, as written. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Springer, Hall, Evans Nays: None Approved: 5-0 vote. Agenda Item #18, Resolution 90-20 General Obligations Bond Resolution 90-20, approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation of the City of South- lake, Texas, General Obligation Refunding Bonds, Series, 1990. City Council Minutes March 6, 1990 page twelve Agenda Item #18 Continue Motion was made to approve Resolution 90-20, as presented. Motion: Hall Second: Muller Ayes: Hall, Muller, Springer, Evans, Wilhelm Nays: None Approved: 5-0 vote. Agenda Item #19, Conditional Sign Permit for SouthRidge Lake Michael Barnes, Director of Public Works, made a presentation in regards to the request for a conditional sign permit for SouthRidge Lake. Motion was made to table the request, time certain, March pending more information being presented to the Council. Motion: Muller Second: Hall Ayes: Muller, Hall, Springer, Evans, Wilhelm Nays: None Approved: 5-0 vote 27, 1990, Agenda Item#20, Bids for Ballfield Lighting Fixture Michael Barnes, Director of Public Works, reviewed the process that has taken place in reference to bids for the lighting fixtures for ballfield #2 Bicentennial Park. Low bidder was Bruce Collins Electrical Supply from Euless with a bid of $4, 246. Barnes recommended that the low bid be approved. Barnes also noted that TU Electric is going to provide the polls and the Park and Recreation Board is going to volunteer their labor. Motion was made to approve the low bidder, Bruce Collins Electrical Supply for $4,246. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Muller, Evans Nays: None Approved: 5-0 vote. Agenda Item #21 and #22, Report on City Hall, Space Utilization, and Wastewater Rate Stud~ The City Manager reported that the RFP's have been received, and interviews are in the process for City Hall Space Utilization Water, Wastewater Rate Study. Recommendations will be made to Council during the March 27, City Council meeting. and City Council Minutes March 6, 1990 page thirteen Agenda Item # 24, Additional Inspection Personnel The City Manager, Curtis Hawk, asked Council to allow him to employ additional inspection personnel, in the way of a Code Enforcement Officer, and a Construction Inspector. He explained the need for the additional personnel. He also asked Council to allow him to amend the budget for this change. Motion was made to authorize the City Manager to employ the additional inspection personnel, and to amend the budget. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, Muller, Springer, Evans Nays: None Approved: 5-0 vote. two Agenda Item #25, Ordinance No. 503, 1st reading. Street Lighting ordinance No. 503, Street Lighting, was discussed by Council and explained by the Director of Public Works. The item is to be considered during the City Council meeting to be held on March 27, 1990. Agenda Item 926, Executive Session Mayor Fickes announced that the City Council would be going into executive session pursuant to V.T.A.S. Article 6252-17 , Section 2, (e), 2(f), and 2(g). Refer to posted list of litigations. Council went into Executive Session at 11:07 p.m. Council returned to Open Session at 11:25 p.m. Agenda Item 927, Action necessary, Litigation No action was necessary as a result of the executive session. Agenda Item ~28, Action necessary, Resolution 90-21 NO action was necessary as a result of the executive session. Agenda Item #29, Action necessary, Personnel Matters No action was necessary as a result of the executive session. City Council Minutes March 6, 1990 page fourteen Agenda Item #30, Adjournment Motion was made to adjourn the meeting at 11:26 p.m. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Muller, Evans, Springer Nays: None ~yor ~R'ry yi~es ATTE ST: Ulty ~ecretary THE STATE OF TEXAS COUNTY OF �i� ,A 7 I, � i / . / as a member of the make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is /3v,e /,�, f j /3 (name and address) I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A (g/67/49 'ci/&` elativedof mine has a substantial interest in the business ehtity or property that would be affected by a decision of the public body of which I am a member. Zii'/?j 4 e - / /)E ' ©/ 7 S'UAY,0 / //,S/ d"(.∎E /AZ c.7 /u� .z "9722/ /"7 Upon filing of this affidavit with the City Secretary, I affirm ( " 177 /'y 2 that I will abstain from voting on any decision involving this 9 � business entity and from any further participation on this matter Df whatsoever. T,vF X07 Signed this ' day of • Signature o- official Title BEFORE/ME, the u rs or i ned authority, this day personally appeared i��i (i /A i i.l,� and on oath stat d that the facts hereinabove stated are true to the best of j' knowledge or belief. Sworn "and subscribed to before me on this day of fi , 197p i-, SANDRA L. LeGRAND ,9i X46,44 . 0. Notary Public • otary Public in and for `art S OF TEXAS the State of Texas My COtnm. F-»►. (124193 � le � '/ My Commission Expi - i d y'i , n & Type /Print Notary's Name , /2/"//__ Li E Tfr E MAR6 1990 OFFICE OF CITY SECRETARY. / March 6, 1390 City of Southiake 667 Nortn Carroll Ave. Southlake, TX 76092 DLS Joint Venture, INC Ken Golba 4632 Feathercrest Fort Worth, TX 76137 Subj: Table of ZA 90 - -O4 Mr. Mayor, At the 22FEB90 F & Z meeting, I was turned down for a Special Use Permit because of a place called Kids Courts protest. My request is for the sale of beer by the glass in my sit down establishment called the "Pizza Parlor ". I fully understand the reason for being turned down and in cooperation with K ds Courts request, I am getting them out of their lease prematurely. I believe that with the absence of them, I will be approved for my permit. I respectfully request to table ZA 90 -04 at the council meeting and reschedule it a month from now as the situation with Kids Court will be reconciled. Than you for your cooperation in this situation. Thank ou Ken Golba DLS Joint Venture, INC. &elvyn country Day &chool 1060 E. Highland St. Southlake, TX 76092 February 27, 1990 City Council of Southlake 667 North Carroll Ave. Southlake, Texas 76092 To the City Council Members: This letter is a request to the Council that consideration for a change in the zoning ordinance be made to allow portable or modular' buildings to be placed at schools whether they be private or public to provide adequate classroom space for school operation if the space within the present building or buildings is not sufficient. Selwyn Country Day School, a private Montesssori school, located at 1060 Highland Street, Southlake, was granted a Special Use Permit allowing a portable classroom to be placed in the backyard of the school two years ago. This permit will expire in October of 1p90. In order to continue the operation of the school, and accomodate the present enrollment and allow for growth, an extension of this permit or a change in ordinance to allow the building to stay would be appreciated. The time left on the permanent building lease is three years. The school would like to keep the building for this time so that operation may continue. Future plans Fre being made to determine if the school will buy the property we are now occupying, or move to the adjacent four acres that the school owns and build a new building. Realizing there are certain procedures that have to be followed, I would be grateful if a decision could be made as soon as possible so that next year's enrollment can be calculated, allowing returning students to re- enroll and taking students who are presently on the waiting list. The future of the school rest in your decision. It is very apparent that a Montessori School is needed and wanted by the parents in this area. Your consideration will be greatly appreciated. Sincerely, 41 Pat McCormick, Administrator STATEMENT OF UNDERSTANDING BETWEEN THE CITY OF SOUTHLAKE AND THE TARRANT COUNTY CHAPTER OF THE AMERICAN RED CROSS, FORT WORTH, TEXAS The City of Southlake agrees to permit the Red Cross to use certain designated building (s), grounds, and equipment for emergency mass care shelters as required in the conduct of Red Cross disaster relief activities, and will cooperate with the Red Cross in providing such facilities; and furthermore agrees to solicit personnel to undertake training provided by the Red Cross in shelter management, mass care and /or mass feeding, so that the facility may be operated as a designated Red Cross Emergency Shelter in time of need. THE RED CROSS AGREES: To exercise reasonable care in the conduct of its activities in said facilities and further agrees to replace or make reimbursement for any food or supplies that may be used by the Red Cross in the conduct of disaster relief activities. To reimburse provider of facilities for extra janitorial and /or clean -up necessitated by use of the facility as a designated Red Cross shelter. The Red Cross agrees that during these times the physical facilities are being used by the Red Cross as mass shelters it shall be liable for any damage to such physical facilities arising from Red Cross negligence in its use thereof; and that it will indemnify and hold harmless the facility against any claim or claims for damages to persons or property arising out of the negligence of the Red Cross in the use of such facilities. Red Cross agrees to furnish training in shelter management and mass care to volunteers /staff from the facility; to furnish medical and nursing services and trained caseworkers when facilities are used to shelter disaster victims. The City of Southlake will retain control of facilities during its use by the Red Cross, and which will be vacated when emergency phase has ended or at the direction of undersigned or designee. In witness whereof this agreement becomes effective when dated and signed, and is subject to annual review and ratification by both parties. Agreement with Red Cross page two Date: Tarrant County Chapter The American ed Cross Date: Liit,ti'vC 11 ` ») -may Gar Fickes ` . 4 0 j H L 4 � City of Southlake, Texas .e • J`= AT7 ST 4 ,* \ lily Secretary �i�4�q••• � * .. ,`````� City of Southlake, Texas M E M O R A N D U M March 2, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90 -18, Red Cross of Tarrant County Resolution 90 -18 is being presented to you for your consideration. Attached is a copy of the previous agreement we had with the Red Cross for your review. If you have any questions, I will attempt to get an answer for you. 2,%/1 D L . MIR - 6 t LAW OFFICES McCALL, PARKHURST & HORTON ,,? 2850 ONE AMERICAN CENTER 717 NORTH HARWOOD 402 ONE RIVERWALK PLACE AUSTIN, TEXAS 78701 -3234 NINTH FLOOR SAN ANTONIO, TEXAS 78205 -3503 TELEPHONE: 512 478 -3805 DALLAS, TEXAS 75201 -6587 TELEPHONE: 512 225-2800 TELECOPY: 512 472-0871 TELEPHONE: 214 220-2800 TELECOPY: 512 225-2984 TELECOPY: 214 953-0736 March 2, 1990 Mr. Boyd London Mr. Curtis Hawk First Southwest Company City Manager 500 First City Center City of Southlake 1700 Pacific Avenue 667 North Carroll Avenue Dallas, Texas 75201 Southlake, Texas 76092 Ed Esquivel, Esq. Mr. Jack Addams Fulbright & Jaworski Merrill Lynch Capital Markets Suite 2800 2121 San Jacinto Street 2200 Ross Avenue Suite 1100 Dallas, Texas 75201 Dallas, Texas 75201 RE: $3,076,137, City of Southlake, Texas, General Obligation Refunding Bonds, Series 1990 Gentlemen: Enclosed herewith is the intial draft of the Purchase Contract for the above - referenced bonds for your review and comment. Very truly yours, McCall, Parkhurst & Horton br Enclosure DRAFT OF MARCH 2, 1990 $3,076,137 CITY OF SOUTHLAKE, TEXAS General Obligation Refunding Bonds Series 1990 PURCHASE CONTRACT March 6, 1990 The Honorable Mayor and City Council Members City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mayor and City Council Members: 4._ The undersigned, Merrill Lynch, Pierce Fenner & Smith Incorporated (herein called the "Underwriters "), offer to enter into this Purchase Contract with the City of Austin, Texas (the "City "). This offer is made subject to the City's acceptance of this Purchase Contract on or before 10:00 P.M., Central Standard Time on March 6, 1990. 1. Purchase and Sale of the Bonds. Upon the terms and conditions and upon the basis of the representations set forth herein, the Underwriters hereby agree to purchase from the City, and the City hereby agrees to sell and deliver to the Underwriters an $3,076,137 principal amount of City of Southlake, Texas General Obligation Refunding Bonds, Series 1990 (the "Bonds "). The Bonds shall be dated, shall have the maturities and bear interest at the rate or rates per annum as shown on the cover page of the Official Statement (hereinafter defined), such interest (except for the Bonds, maturing in the years 1999 through 2001 which pay interest only at maturity, the "Capital Appreciation Bonds ") being payable on February 1, 1991, and semiannually thereafter on February 1 and August 1 in each year. The Capital Appreciation Bonds shall compound interest from their date of initial delivery as of August 1, 1990 and each February 1 and August 1 thereafter. The purchase price for the Bonds shall be $3,038,454.32 (representing the par amount of the Bonds other than the Capital Appreciation Bonds, of $2,785,000, less an underwriter's discount of $34,116.25 plus the par amount of the Series 1990A Capital Appreciation Bonds of $291,137.00, less an underwriter's discount on such Capital Appreciation Bonds of $3,566.43). Accrued interest shall also be paid as a portion of the purchase price hereunder with respect to the Bonds other than the Capital Appreciation Bonds from March 1, 1990 to the date of Closing (hereinafter referenced). The Official Statement, a copy of which is attached hereto as Exhibit A, including the cover page, inside cover page and the Appendices thereto, as further amended only in the manner hereinafter provided, is hereinafter called the "Official Statement." 2. Ordinance. The Bonds shall be as described in and shall be issued and secured under the provisions of an ordinance adopted by the City on March 6, 1990 (the "Ordinance "). The Bonds shall be subject to redemption and shall be payable as provided in the Ordinance. 3. Public Offering. It shall be a condition of the obligation of the City to sell and deliver the Bonds to the Underwriters, and of the obligation of the Underwriters to purchase and accept delivery of the Bonds, that the entire principal amount of the Bonds authorized by the Ordinance shall be sold and delivered by the City and accepted and paid for by the Underwriters at the Closing. The Underwriters agree to make a bona fide public offering of all of the Bonds, at not in excess of the initial public offering prices, as set forth on the cover page of the Official Statement, plus interest accrued on the Bonds other than the Capital Appreciation Bonds from March 1, 1990, and confirm in writing to the City at or prior to the Closing (hereinafter referenced), the principal amount (or percentage of principal amount) of each maturity and the corresponding price for each maturity (or the yield from each maturity resulting from such price) at which the Bonds were sold pursuant to such bona fide public offering. 4. Security Deposit. Delivered to the City herewith is a corporate check of Merrill Lynch, Pierce Fenner & Smith Incorporated payable to the order of the City in the amount of three thousand dollars ($3,000). The City agrees to hold such check uncashed until the Closing to ensure the performance by the Underwriters of their obligations to purchase, accept delivery of and pay for the Bonds at the Closing. Concurrently with the payment by the Underwriters of the purchase price of the Bonds, the City shall return such check to Merrill Lynch, Pierce Fenner & Smith Incorporated as provided in Paragraph 7 hereof. Should the City fail to deliver the Bonds at the Closing, or should the City be unable to satisfy the conditions of the obligations of the Underwriters to purchase, accept delivery of and pay for the Bonds, as set forth in this Purchase Contract (unless waived by the Underwriters), or should such obligations of the Underwriters be terminated for any reason permitted by this Purchase Contract, such check shall immediately be returned to Merrill Lynch, Pierce Fenner & Smith Incorporated. In the event the Underwriters fail (other than for a reason permitted hereunder) to purchase, accept delivery of and pay for the Bonds at the Closing as herein provided, such check shall be retained by the City as and for full liquidated damages for such failure of the Underwriters and for any defaults hereunder on the part of the Underwriters. The Underwriters hereby agree not to stop or cause payment on said check to be stopped unless the City has breached any of the terms of this Purchase Contract. 5. Official Statement. The City hereby authorizes the use of the Escrow Agreement, hereinafter defined, the Ordinance and the Official Statement and the information therein contained by the Underwriters in connection with the public offering and sale of the Bonds. The City agrees to cooperate with the Underwriters to provide a supply of final Official Statements within seven business days of the date hereof in sufficient quantities to comply with the Underwriters' obligations under applicable MSRB Rules and Rule 15c2 -12 of the federal Securities Exchange Act of 1934. The Underwriters will use their best efforts to assist the City in the preparation of the final Official Statement in order to insure compliance with the aforementioned rules. The City hereby ratifies the use by the Underwriters in the offering of the Bonds prior to the date hereof of the Preliminary Official Statement for the Bonds dated February 28, 1990 (the "Preliminary Official Statement "). Such Preliminary Official Statement is "deemed final" as of such date by the Authority within the meaning of Rule 15c2- 12(b)(1) of the Securities Exchange Act of 1934, as amended. 6. Representations, Warranties and Agreements of City. On the date hereof, the City represents, warrants and agrees as follows: (a) The City is a duly organized and existing political subdivision of the State of Texas and a body politic and corporate, duly created, existing and acting under the provisions of the Constitution and laws of the State of Texas and its home rule charter and has full legal right, power and authority to enter into this Purchase Contract and the Escrow Agreement between the City and the Escrow Agent named in the Official Statement (the "Escrow Agreement "), to adopt the Ordinance, to sell the Bonds, and to issue and deliver the Bonds to the Underwriters as provided herein and to carry out and consummate all other transactions contemplated by the Ordinance, the Escrow Agreement and this Purchase Contract; 2 (b) By official action of the City prior to or concurrently with the acceptance hereof, the City has duly adopted the Ordinance, has duly authorized and approved the execution and delivery of and the performance by the City of the obligations contained in the Bonds, the Escrow Agreement and this Purchase Contract and has duly authorized and approved the performance by the City of its obligations contained in the Ordinance, the Escrow Agreement and this Purchase Contract; (c) The City is not in breach of or default under any applicable law or administrative regulation of the State of Texas or the United States or any applicable judgment or decree or any loan agreement, note, resolution, agreement or other instrument, except as may be disclosed in the Official Statement, to which the City is a party or is otherwise subject, which would have a material and adverse effect upon the business or financial condition of the City; and the execution and delivery of the Escrow Agreement and this Purchase Contract by the City and the execution and delivery of the Bonds and the adoption of the Ordinance by the City and compliance with the provisions of each thereof will not violate or constitute a breach of or default under any existing law, administrative regulation, judgment, decree or any agreement or other instrument to which the City is a party or is otherwise subject; (d) All approvals, consents and orders of any governmental authority or agency having jurisdiction of any matter which would constitute a condition precedent to the performance by the City of its obligations to sell and deliver the Bonds hereunder will have been obtained prior to the Closing; (e) At the time of the City's acceptance hereof and at the time of the Closing, the Official Statement does not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (f) Between the date of this Purchase Contract and the Closing, the City will not, without the prior written consent of the Underwriters, issue any additional bonds or other obligations for borrowed vow money payable in whole or in part from ad valorem taxes, and the City will not incur any material liabilities, direct or contingent, payable in whole or in part from ad valorem taxes, nor will there be any adverse change of a material nature in the financial position of the City; (g) Except as described in the Official Statement, no litigation is pending or, to the knowledge of the City, threatened in any court affecting the corporate existence of the City, the title of its officers to their respective offices, or seeking to restrain or enjoin the issuance or delivery of the Bonds, the levy or the collection of the taxes pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the issuance, execution, delivery, payment, security or validity of the Bonds, or in any way contesting or affecting the validity or enforceability of the Ordinance, the Escrow Agreement or this Purchase Contract, or contesting the powers of the City, or any authority for the Bonds, the Ordinance, the Escrow Agreement, or this Purchase Contract or contesting in any way the completeness, accuracy or fairness of the Preliminary Official Statement or the Official Statement or materially and adversely affecting the financial condition of the City; (h) The City will cooperate with the Underwriters in arranging for the qualification of the Bonds for sale and the determination of their eligibility for investment under the laws of such jurisdictions as the Underwriters designate, and will use their best efforts to continue such qualifications in effect so long as required for distribution of the Bonds; provided, however, that the City will not be required to execute a general consent to service of process or to qualify to do business in connection with any such qualification in any jurisdiction; (i) The descriptions contained in the Official Statement of the Bonds, the Escrow Agreement and the Ordinance accurately reflect the provisions of such instruments, and the Bonds, when validly 3 executed, authenticated and delivered in accordance with the Ordinance and sold to the Underwriters as provided herein, will be validly issued and outstanding obligations of the City entitled to the benefits of, and subject to the limitations contained in, the Ordinance; and (j) If prior to the Closing an event occurs affecting the City which is materially adverse for the purpose for which the Official Statement is to be used and is not disclosed in the Official Statement, the City shall notify the Underwriters, and if in the opinion of the Underwriters such event requires a supplement or amendment to the Official Statement, the City will supplement or amend the Official Statement in a form and in a manner approved by the Underwriters' Counsel. 7. Closing. At 10:00 A.M., Central Daylight Standard Time, on April 10, 1990, the City will deliver the initial bond or bonds (as required by the Ordinance) to the Underwriters and will have available for immediate exchange the Bonds in definitive form, duly executed and authenticated, together with the other documents hereinafter mentioned, and the Underwriters will accept such delivery and pay the respective purchase prices of the Bonds as set forth in Paragraph 1 hereof in immediately available funds. Concurrently with such payment by the Underwriters, the City shall return to Merrill Lynch, Pierce Fenner & Smith Incorporated, the check referred to in Paragraph 4 hereof. Delivery and payment as aforesaid shall be made at the offices of Fulbright & Jaworski, Suite 2800, 2200 Ross Avenue, Dallas, Texas 75201, or such other place, as shall have been mutually agreed upon by the City and the Underwriters. The Bonds shall be printed or lithographed; shall be prepared and delivered as fully registered bonds in the denomination or maturity amount of $5,000 or any multiple thereof; shall be registered in the names as shall be requested by the Underwriters at least five days prior to the Closing; and, if the Underwriters shall so request, shall be made available to the Underwriters at least one business day before the Closing for purpose of inspection in New York, New York. 8. Conditions. The Underwriters have entered into this Purchase Contract in reliance upon the representations and warranties of the City contained herein and to be contained in the documents and instruments to be delivered at the Closing, and upon the performance by the City of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriters' obligations under this Purchase Contract to purchase and pay for the Bonds shall be subject to the performance by the City of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following conditions: (a) The representations and warranties of the City contained herein shall be true, complete and correct in all material respects on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing; (b) At the time of the Closing, the Ordinance and the Escrow Agreement shall be in full force and effect, and the Ordinance and the Escrow Agreement shall not have been amended, or supplemented and the Official Statement shall not have been amended, modified or supplemented, except as may have been agreed to by the Underwriters; (c) At the time of the Closing, all official action of the City related to the Ordinance and the Escrow Agreement shall be in full force and effect and shall not have been amended, modified or supplemented; (d) The City shall not have failed to pay principal or interest when due on any of its outstanding obligations for borrowed money; (e) The City will purchase the government securities necessary to provide the funds needed to refund the City's outstanding obligations as contemplated by the Escrow Agreement (the "Refunded 4 Bonds ") and will have defeased the Refunded Bonds and will apply with both rating agencies for the Triple A rating on the Refunded Bonds; (f) At or prior to the Closing, the Underwriters shall have received two copies of each of the following documents: (1) The Official Statement of the City executed on behalf of the City by the Mayor and City Clerk of the City; (2) The Ordinance certified by the City Clerk of the City under its seal as having been duly adopted by the City and as being in effect, with such changes or amendments as may have been agreed to by the Underwriters; (3) The unqualified opinions, dated the date of Closing, of Fulbright & Jaworski, Bond Counsel to the City, in substantially the form and substance of Appendix C to the Official Statement; (4) An opinion or certificate, dated on or prior to the date of Closing, of the Attorney General of Texas, approving the Bonds as required by law and a certificate of the Comptroller of Public Accounts of the State of Texas regarding the registration of the Bonds as required by law; (5) The supplemental opinions, dated the date of Closing, of Fulbright & Jaworski, Bond Counsel to the City, addressed to the City and the Underwriters, to the effect that (A) in its capacity as Bond Counsel, such firm has reviewed the information in the Official Statement under the captions, "Plan of Financing," "The Bonds," "Ad Valorem Tax Law," "Tax Rate Limitation," "Tax Exemption," "Tax Accounting Treatment of Capital Appreciation Bonds" and "Legal Investments and Eligibility to Secure Public Funds in Texas" and such firms are of the opinion that the information relating to the Bonds and the Ordinance contained under such captions in all respects accurately and fairly reflects the provisions thereof and, insofar as such information relates to matters of law, is true and accurate; (B) the Bonds are exempt from the registration requirements under the Securities Act of 1933, as amended, and the Ordinance is exempt from the qualification requirements as an indenture under the Trust Indenture Act of 1939, as amended; (C) in the performance of their duties as Bond Counsel for the City, without having undertaken to determine independently the accuracy and completeness of the statements contained in the Official Statement, nothing has come to the attention of such counsel which would lead them to believe that the Official Statement (excluding the financial statements and other financial and statistical data included therein, all as to which no view need be expressed) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in Light of the circumstances under which they were made, not misleading; (6) The opinion of McCall, Parkhurst & Horton, as Underwriters' Counsel, dated the date of the Closing addressed to the Underwriters to the effect that the Bonds are exempt from the registration requirements under the Securities Act of 1933, as amended, and the Ordinance is exempt from the qualification requirements as an indenture under the Trust Indenture Act of 1939, as amended. The opinion of such Counsel shall also state that, based upon their participation in the preparation of the Official Statement, such Counsel has no reason to believe that the Official Statement (except for the financial statements and other financial and statistical data contained therein, as to which no view need be expressed), as of the date of the Official Statement, contained any untrue statement of a material fact or omitted to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; 5 (7) A certificate, dated the date of the Closing, signed by the Mayor and the City Manager of the City, to the effect that (i) the representations and warranties of the City contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing; (ii) except to the extent disclosed in the Official Statement, no litigation is pending or, to the knowledge of such persons, threatened in any court to restrain or enjoin the issuance or delivery of the Bonds, or the levy or the collection of the ad valorem taxes pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity of the Bonds, the Ordinance, the Escrow Agreement or this Purchase Contract, or contesting the powers of the City or contesting the authorization of the Bonds or the Ordinance, or contesting in any way the accuracy, completeness or fairness of the Preliminary Official Statement or the Official Statement (but in lieu of or in conjunction with such certificate, the Underwriters may, in their discretion, accept certificates or opinions of the Acting City Attorney that, in her opinion, the issues raised in any such pending or threatened litigation are without substance or that the contentions of all plaintiffs therein are without merit); and (iii) to the best of their knowledge, no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purpose for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any respect; (8) A certificate, dated the date of Closing, of the Finance Directors of the City to the effect that, except as disclosed in the Official Statement, there has not been any material adverse change in the affairs or financial condition of the City since September 30, 1989, the latest date as to which audited financial information is available; (9) A certificate, dated the date of the Closing, of an appropriate official of the City to the effect that, on the basis of the facts, estimates and circumstances in effect on the date of delivery of the Bonds, it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended; (10) A copy of a special report prepared by KPMG Peat Marwick, the independent Certified Public Accountants named in the Official Statement, addressed to the City, Co -Bond Counsel, the Underwriters and Underwriters' Counsel verifying the arithmetical computations of the adequacy of the maturing principal of and interest on the escrowed securities and uninvested cash on hand under the Escrow Agreement to pay, when due, the principal of and interest on the bonds being refunded by the Bonds and the computation of the yield with respect to such securities and the Bonds; (11) A copy of the MBIA policy of municipal insurance insuring the payment of the principal of and interest on the Capital Appreciation Bonds, and evidence of the rating of Moody's Investor's Service and of Standard & Poor's Corporation with and without regard to insurance on the Bonds delivered in a form acceptable to the Underwriters; and (12) Such additional legal opinions, certificates, instruments and other documents as Bond Counsel or the Underwriters may reasonably request to evidence the truth, accuracy and completeness, as of the date hereof and as of the date of the Closing, of the City's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance and satisfaction by the City at or prior to the date of the Closing of all agreements then to be performed and all conditions then to be satisfied by the City. 6 All of the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof if, but only if, they are satisfactory to the Underwriters. • If the City shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Bonds as set forth in this Purchase Contract, or if the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriters nor the City shall be under further obligation hereunder, except that: (1) the check referred to in Paragraph 4 hereof shall be immediately returned to Merrill Lynch, Pierce Fenner & Smith Incorporated by the City, and (ii) the respective obligations of the City and the Underwriters set forth in Paragraphs 10 and 12 hereof shall continue in full force and effect. 9. Termination. The Underwriters may terminate their obligation to purchase at any time before the Closing if any of the following should occur: (a) (i) Legislation (including any amendment thereto) shall have been introduced in or adopted by either House of the Congress of the United States, or recommended to the Congress for passage by the President of the United States or favorably reported for passage to either House of the Congress by any Committee of such House, or (ii) a decision shall have been rendered by a court established under Article III of the Constitution of the United States or by the United States Tax Court, or (iii) an order, ruling or regulation shall have been issued or proposed by or on behalf of the Treasury Department of the United States or the Internal Revenue Service or any other agency of the United States, or (iv) a release or official statement shall have been issued by the President of the United States or by the Treasury Department of the United States or by the Internal Revenue Service, the effect of which, in any such case described in clause (i), (ii), (iii), or (iv), would be to impose, directly or indirectly, federal income taxation upon interest received "M.* on obligations of the general character of the Bonds or upon income of the general character to be derived by the City, other than as imposed on the Bonds and income therefrom under the federal tax laws in effect on the date hereof, m such a manner as in the judgment of the Underwriters would materially impair the marketability or materially reduce the market price of obligations of the general character of the Bonds. (b) Any action shall have been taken by the Securities and Exchange Commission or by a court which would require registration of any security under the Securities Act of 1933, as amended, or qualification of any indenture under the Trust Indenture Act of 1939, as amended, in connection with the public offering of the Bonds, or any action shall have been taken by any court or by any governmental authority suspending the use of the Official Statement or any amendment or supplement thereto, or any proceeding for that purpose shall have been initiated or threatened in any such court or by any such authority. (c) (i) The Constitution of the State of Texas shall be amended or an amendment shall be proposed, or (ii) legislation shall be enacted, or (iii) a decision shall have been rendered as to matters of Texas law, or (iv) any order, ruling or regulation shall have been issued or proposed by or on behalf of the State of Texas by an official, agency or department thereof, affecting the tax status of the City, its property or income, its bonds (including the Bonds) or the interest thereon, which in the judgment of the Underwriters would materially affect the market price of the Bonds. (d) (i) A general suspension of trading in securities shall have occurred on the New York Stock Exchange, or (ii) the United States shall have become engaged in hostilities which have resulted in the declaration, on or after the date of this Purchase Contract, of a national emergency or war, the effect of which, in either case described in clause (i) and (ii), is, in the judgment of the Underwriters, so . 7 material and adverse as to make it impracticable or inadvisable to proceed with the public offering or the delivery of the Bonds on the terms and in the manner contemplated in this Purchase Contract and the Official Statement. (e) An event described in Paragraph 6(j) hereof occurs which, in the opinion of the Underwriters, requires a supplement or amendment to the Official Statement. (f) A general banking moratorium shall have been declared by authorities of the United States, the State of New York or the State of Texas. (g) A lowering of the ratings initially assigned to the Bonds, with and without regard to insurance, by Moody's Investors Service, Inc. and Standard & Poor's Corporation, respectively, shall occur prior to the Closing. (h) Any event occurs which prevents the United States Treasury Department from delivering on the day of Closing the State and Local Government Securities subscribed for by the City in connection with the issuance of the Bonds. 10. Expenses. (a) The Underwriters shall be under no obligation to pay, and the City shall pay, any expenses incident to the performance of the City's obligations hereunder, including but not limited to: (i) the cost of the preparation, printing and distribution of the Preliminary Official Statement and the Official Statement; (ii) the cost of the preparation and printing of the Bonds; (iii) the fees and expenses of Co -Bond Counsel to the City, (iv) the fees and disbursements of the City's accountants, advisors, and of any other experts or consultants retained by the City; and (v) fees and premiums for the policy of municipal bond insurance and for bond ratings and any travel or other expenses incurred incident thereto. (b) The Underwriter shall pay: (i) all advertising expenses of the Underwriters in connection with the offering of the Bonds; (ii) the cost of the preparation and printing of all the underwriting documents, ` including this Purchase Contract and (iii) all other expenses incurred by them in connection with their offering and distribution of the Bonds, including the fees of Counsel to the Underwriters. 11. Notices. Any notice or other communication to be given to the City under this Purchase Contract may be given by delivering the same in writing at the address for the City set forth above, and any notice or other communication to be given to the Underwriters under this Purchase Contract may be given by delivering the same in writing to Merrill Lynch, Pierce Fenner & Smith Incorporated, 2121 San Jacinto Street, Suite 1100, Dallas, Texas 75201, Attention: Jack Addams. 12. Parties in Interest. This Purchase Contract is made solely for the benefit of the City and the Underwriters (including the successors or assigns of any of the Underwriters) and no other person shall acquire or have any right hereunder or by virtue hereof. The City's representations, warranties and agreements contained in this Purchase Contract shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriters and (ii) delivery of any payment for the Bonds hereunder; and the City's representations and warranties contained in Paragraph 6 of this Purchase Contract shall remain operative and in full force and effect, regardless of any termination of this Purchase Contract. 8 13. Effective Date. This Purchase Contract shall become effective upon the execution of the acceptance hereof by the Mayor and City Secretary of the City and shall be valid and enforceable as of the time of such acceptance. Very truly yours, Merrill Lynch, Pierce Fenner & Smith Incorporated Director and Regional Manager Accepted This 6th day of March, 1990 By: Mayor By: City Secretary 9 Exhibit A Official Statement IX lt7 /12. FIRST COIPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 73201 W. BOYD LONDON, JR. March 2, 1990 (214) 953 -4000 SENIOR VICE PRESIDENT Honorable Mayor and Councilmembers City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: RESTRUCTURING OF OUTSTANDING GENERAL OBLIGATION DEBT Ms. Springer, Ms. Muller, Ms. Hall and Gentlemen: We have accomplished the restructuring of the Town's outstanding debt, and are pleased to report to the Council concerning the transaction. We negotiated the sale of $3,076,412.50 City of Southlake, Texas General Obligation Refunding Bonds, Series 1990 with the investment banking firm of Merrill Lynch Capital Markets. The Bonds were marketed using a combination of serial bonds, capital appreciation bonds, and term bonds. Expenses and underwriter's discount for the refunding were approximately $6,000 less than estimates previously presented to the Council. The callable portions of bonds outstanding on the previously outstanding Series 1982, 1984, and 1985 General Obligation Bonds were refunded and restructured pursuant to Exhibit A attached, freeing approximately $115,000 annually to be used for additional debt. The City will also realize reduced debt service in the current year of $28,008.75 as a result of the refunding. Additional data relative to the refunding is presented as follows: Exhibit B Sources and Applications of Funds; Exhibit C Federal Securities Required to Defease the Outstanding General Obligation Bonds. The mathematical accuracy of the debt service on the Refunding Bonds, as well as all other schedules involved in the refunding, have been verbally verified by Ernst & Young, Tucson, Arizona. They are in the process of preparing a report concerning their verification to be used in conjunction with the closing of the Refunding Bonds. The Underwriters have done a fine job of marketing the Bonds at the best possible rates utilizing a profit margin that was competitive with similar financings. All savings illustrated are net to the City, with all expenses included in the issuance of the Bonds. The Plan of Finance as contemplated herein is, in our judgment, in the best interests of the City of Southlake and we recommend it for your approval. Very truly yours, FIRST SOUTHWEST COMPANY j� / , By v L / ��r� '. W. Bgcd London, Jr. / WBL:sgm GG Enclosures EXHIBIT A FIRST SOUTHWEST COMPANY 3/02/1990 PAGE: 1 RECORD NAME - SOUTHLAKE 90 REFUNDING REFUNDING ISSUE DATE PRINCIPAL RATE INTEREST DEBT SERVICE OUTSTANDING SAVINGS 9/30/1990 28,008.75 28,008.75 9/30/1991 273,529.99 273,529.99 377,448.75 124,835.76 # 9/30/1992 40,000.00 6.100 191,860.00 231,860.00 349,683.75 117,823.75 9/30/1993 45,000.00 6.200 189,245.00 234,245.00 353,583.75 119,338.75 9/30/1994 45,000.00 6.300 186,432.50 231,432.50 345,818.75 114,386.25 9/30/1995 110,000.00 6.400 181,495.00 291,495.00 403,523.75 112,028.75 9/30/1996 115,000.00 6.500 174,237.50 289,237.50 401,865.00 112,627.50 9/30/1997 175,000.00 6.600 164,725.00 339,725.00 453,580.00 113,855.00 9/30/1998 185,000.00 6.700 152,752.50 337,752.50 453,417.50 115,665.00 9/30/1999 104,532.30 0.000 232,022.70 336,555.00 453,457.50 116,902.50 9/30/2000 96,753.70 0.000 239,801.30 336,555.00 455,352.50 118,797.50 9/30/2001 89,851.00 0.000 246,704.00 336,555.00 453,512.50 116,957.50 9/30/2002 200,000.00 7.000 139,555.00 339,555.00 339,555.00- 9/30/2003 215,000.00 7.000 125,030.00 340,030.00 340,030.00- 9/30/2004 230,000.00 7.100 109,340.00 339,340.00 339,340.00- 9/30/2005 245,000.00 7.100 92,477.50 337,477.50 337,477.50- 9/30/2006 265,000.00 7.100 74,372.50 339,372.50 339,372.50- 9/30/2007 285,000.00 7.100 54,847.50 339,847.50 339,847.50 - 9/3/2008 305,000.00 7.100 33,902.50 338,902.50 338,902.50- 9 2009 325,000.00 7.100 11,537.50 336,537.50 336,537.50 - TOTALS 3,076,137.00 2,873,867.99 5,950,004.99 4,529,252.50 1,399,835.49- # - SAVINGS INCLUDES ACCRUED INTEREST OF 20,917.00 PRESENT VALUE OF PRIOR DEBT SERVICE AT 7.048730412% 3,027,316.75 PRESENT VALUE OF NEW DEBT SERVICE AT 7.048730412% 3,082,553.83 LESS ACCRUED INTEREST 20,917.00 - PLUS CASH CONTRIBUTION 0.00 3,061,636.83 PRESENT VALUE SAVINGS 34,320.08 - P. V. SAVINGS AS A % OF THE REFUNDED BONDS 1.310 -% FIRST 00€1.thateot COMPANY EXHIBIT B SOURCES AND APPLICATIONS OF FUNDS SOURCES AND USES OF FUNDS • SOURCES ✓ PRINCIPAL AMOUNT OF REFUNDING BONDS $3,076,137.00 ACCRUED INTEREST 20,917.00 TOTAL SOURCES $3,097,054.00 } USES DEPOSIT TO THE ESCROW FUND SLGS $2,952,300.00 CASH 0.00 • COSTS OF ISSUANCE 68,000.00 UNDERWRITERS' DISCOUNT 37,682.68 NET INSURANCE EXPENSE 14,500.00 AVAILABLE FOR REFUNDING BONDS DEBT SERVICE: ACCRUED INTEREST 20,917.00 ADDITIONAL CASH 3,654.32 TOTAL USES $3,097,054.00 FIRST Qg COMPANY EXHIBIT C FEDERAL SECURITIES REQUIRED TO DEFEASE THE OUTSTANDING GENERAL OBLIGATION BONDS FIRST SOUTHWEST COMPANY ' 3/02/1990 PAGE: 1 PRESENT VALUE OF ESCROW AT A DISCOUNT RATE OF 7.048370695X 4 START DATE 4/10/90 PRESENT CUMULATIVE DATE AMOUNTS P/V FACTOR VALUE PRESENT VALUE 4 1 8/01/90 28,079.11 .978868177 27,485.75 27,485.75 A 2 10/01/90 103,186.78 .967632105 99,846.84 127,332.59 3 2/01/91 28,079.93 .945545404 26,550.85 153,883.44 4 4/01/91 218,170.94 .934691832 203,922.60 357,806.04 5 8/01/91 28,047.70 .913357010 25,617.56 383,423.60 4 6 10/01/91 96,822.36 .902872917 87,418.29 470,841.89 7 2/01/92 27,965.46 .882264378 24,672.93 495,514.82 ' 8 4/01/92 196,883.96 .872137186 171,709.82 667,224.64 9 8/01/92 27,967.04 .852230206 23,834.36 691,059.00 10 10/01/92 91,330.37 .842447765 76,941.07 768,000.07 11 2/01/93 27,956.43 .823218462 23,014.25 791,014.32 • 12 4/01/93 206,291.70 .813769036 167,873.80 958,888.12 13 8/01/93 28,035.35 .795194339 22,293.55 981,181.67 14 10/01/93 84,918.59 .786066593 66,751.67 1,047,933.34 FYI 15 2/01/94 237,999.35 .768124218 182,813.06 1,230,746.40 "A 16.„ 4/01/94 204,816.59 .759307199 155,518.71 1,386,265.11 8/01/94 13,958.87 .741975622 10,357.14 1,396,622.25 4 1 10/01/94 78,269.55 .733458753 57,407.49 1,454,029.74 19 2/01/95 13,932.33 .716717180 9,985.54 1,464,015.28 20 4/01/95 213,207.15 .708490244 151,055.19 1,615,070.47 4 21 8/01/95 14,003.02 .692318590 9,694.55 1,624,765.02 • 22 10/01/95 71,712.23 .684371716 49,077.82 1,673,842.84 a y 23 2/01/96 13,967.11 .668750580 9,340.51 1,683,183.35 24 4/01/96 216,779.03 .661074235 143,307.03 1,826,490.38 25 8/01/96 288,927.11 .645984876 186,642.54 2,013,132.92 4 26 10/01/96 65,147.53 .638569850 41,601.25 2,054,734.17 27 4/01/97 1,455,123.05 .616831562 897,565.83 2,952,300.00 4 TOTALS 4,081,578.64 2,952,300.00 A TARGET FIGURE COMPRISED OF: PRINCIPAL AMOUNT OF SLGS 2,952,300.00 PLUS RESTRICTED RESERVE FUND 4 TRANSFERRED PROCEEDS ADJUSTMENT TARGET FIGURE ____ => 2,952,300.00 4 4 4 r,'- Fiscal Outstanding Less: Plus: Year Debt Refunded Refunding New Debt 1991 478,702 377,449 249,931 351,184 1992 453,906 349,684 231,860 336,082 1993 459,081 353,584 234,245 339,742 1994 • 451,266 345,819 231,433 336,880 1995 451,984 403,524 291,495 339,955 1996 451,366 401,865 289,238 338,739 1997 453,580 453,580 339,725 339,725 1998 453,418 453,418 337,753 337,753 1999 453,458 453,458 336,555 336,555 2000 453,353 453,353 336,555 336,555 2001 453,513 453,513 336,555 336,555 . 2002 339,555 339,555 2003 340,030 340,030 2004 339,340 339,340 2005 337,478 337,478 2006 339,373 339,373 2007 339,848 339,848 2008 338,903 338,903 2009 336,538 336,538 F Totals 5,013,627 4,499,247 5,926,406 6,440,786 R k . F y ' k N UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX FREEPORT PROPERTY IN 1990 SUTTON COUNTY TAXING UNITS 218 - 901 -02 Sonora Independent School District 218- 101 -03 City of Sonora 218- 000 -00 Sutton County 4 SWISHER COUNTY TAXING UNITS 2i9 901 - 02X Happy Independent School District 219- 905 -02 Kress Independent School District 219 - 903 -02 Tulia Independent School District 4 219 - 101 -03X City of Happy 219- 102 -03 City of Kress 219 - •103 -03 City of Tulia 219- 000 -00 Swisher County 4 TARRANT COUNTY TAXING UNITS 220 - 901 -02 Arlington Independent School District 4 220- 915 -02X Azle Inde.endent School District 220 - 902 -02 Birdville Inde.endent School District 220 - 919 -02 Carroll Independent School District 220 - 917 -02 Castleberry Independent School District 220- 912 -02X Crowley Independent School District 220 - 918 -02 Eagle Mountain- Saginaw Independent School District 220- 904 -02 Everman Independent School District 220- 905 -02 Fort Worth Independent School District 220- 906 -02X Grapevine- Colleyville Independent School District 220- 916 -02 Hurst - Euless - Bedford Independent School District 220 - 907 -02 Keller Independent School District 220 - 914 -02 Kennedale Independent School District • 220- 910 -02 Lake Worth Inde.endent School District 220- 908 -02X Mansfield Ind School District 220- 920 -02 White Settlement Inde.endent School District 220- 124 -03 City of Arlington 220 - 101 -03X City of Azle 220- 102 -03 City of Bedford 220- 103 -03 City of Benbrook 220 - 104 -03 City of Blue Mound 220- 105 -03 City of Colleyville 220- 106 -03 City of Crowley 220- 107 -03 City of Dalworthington Gardens 220 - 108 -03 City of Edgecliff 220- 125 -03 C'••v of Euless 220- 109 -03 C__y of Everman 4 ♦ / x k UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX .. FREEPORT PROPERTY IN 1990 220- 110 -03 City of Forest Hill 220 - 126 -03X City of Fort Worth 220 - 111 -03X City of Grapevine 220 - 127 -03 City of Haltom City 220- 112 -03 City of Haslet 220 - 128 -03 City of Hurst 220 - 113 -03 City of Keller 220- 114 -03 City of Kennedale 220-115-03 City of Lakeside 220 - 116 -03 City of Lake Worth 220 - 117 -03X City of Mansfield 220 - 118 -03 City of North Richland Hills . 220 - 119 -03 City of Pantego 220- 135 -03 City of Pelican Bay 220 - 120 -03 City of Richland Hills 220 - 129 -03 City of River Oaks 220 - 121 -03 City of Saginaw 220- 132 -03 City of Sansom Park 220- 122 -03X City of Southlake 220 - 131 -03 City of Watauga 220- 123 -03 City of Westover Hills 220-130-03 City of White Settlement 220- 000 -00 Tarrant County TAYLOR COIINTY TAXING UNITS 221- 901 -02X Abilene Independent School District 030- 906 -02X Eula Independent School District 030 - 902 -02X Clyde Consolidated Independent School District 221 - 911 -02X Jim Ned Consolidated Independent School District 221- 904 -02X Merkel Independent School District 221- 905 -02X Trent Independent School District 221 - 912 -02 ' W lie Independent School District 221 - 105 -03X City of Abilene 221- 101 -03 City of Buffalo Gap 221 - 106 -03 City of Impact 221- 102 -03 City of Lawn 221 - 103 -03 City of Merkel 221 - 104 -03 City of Trent 221- 107 -03 City of Tuscola 221- 108 -03 City of Tye . 221- 000 -00 Taylor County 1 -- UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX FREEPORT PROPERTY IN 1990 CULB RSON COUNTY TAXING UNITS 055-901-02 Culberson County Independent School District 055- 101 -03 City of Van Horn 055- 000 -00 Culberson County °ALLAN COUNTY TAXING UNITS 056- 901 -02X Dalhart Cons. Independent School District 056- 902 -02 Texline Independent School District 056- 102 -03X City of Dalhart 056 - 101 -03 City of Texline 056- 000 -00 Dallam County DALLAS COUNTY NIgiste TAXING UNITS 057- 903 -02X Carrollton- Farmers Branch Independent School District 057- 904 -02 Cedar Hill Independent School District 057- 922 -02 Coppell Independent School District 057- 905 -02 Dallas Independent School District 057- 906 -02 DeSoto Independent School District 057 - 907 -02 Duncanville Independent School District 057 - 909 -02 Garland Independent School District 057- 910 -02 Grand Prairie Independent School District 057- 911 -02 Highland Park Ind pendent School District 057- 912 -02 Irving Independent School District 057- 913 -02 Lancaster Independent School District 057- 914 -02 Mesquite Independent School District 057- 916 -02 Richardson Independent School District 057- 919 -02 Sunnyvale Independent School District 057- 920 -02 Wilmer - Hutchins Independent School District 057- 101 -03 City of Addison 057 - 103 -03 City of Balch prings 057 - 126 -03 City of Buckingham 057 - 116 -03X _ City of Carrollton 057 - 104 -03X City of Cedar Hill (Ellis CAD) 057 - 105 -03 City of Cockrell Hill 057 - 106 -03X City of Coppell 057- 117 -03X City of Dallas 057 - 107 -03 City of DeSoto 057- 118 -03 City of Duncanville 057- 119 -03 City of Farmers Branch 057- 120 -03 City of Garland 057 - 102 -03 City of Glenn Heights 057 - 121 -03X City of Grand Prairie UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX FREEPORT PROPERTY IN 1990 057 - 108 -03 Town of Highland Park 057-109-03 City of Hutchins 057 - 122 -03 City of Irving 057 - 123.03 of Lancaster 057 - 124 -03 Cit City of Mesquite 057-- 125 -03X Cit of Richardson Collin CAD 057 - 110 -03 Cit of Rowlett 0 111 57 - -03X Cit of Sachse Collin CAD 057 - 112 -03X City of Seagoville 057 - 113 -03 Town of Sunnyvale 057 - 114 -03 City of University Park 057- 115 -03 City of Wilmer 057- 000 -00 Dallas County 057 - 201 -15 _ Dallas County Community Collev District DAWSON COUNTY TAXING UNITS 058- 902 -02X Dawson Independent School District 058- 905 -02X Klondike Consolidated Inde- endent School District 058- 906 -02 Larpesa Independent School District 058 - 101 -03 City of Lamesa 058- 000 -00 Dawson County DEAF SMITH COUNTY TAXING UNITS 059 - 901 -02X Hereford Inde endent School District 059- 902 -02 Walco Independent School District 059 - 101 -03 City of Hereford 059 - 000 -00 Deaf Smith County DELTA COUNTY TAXING UNITS 060 - 902 -02X Cooper Independent School District 060-914-02X Fannindel Independent School District Fannin CAD 060 - 101 -03 City of Cooper 060- 102 -03 City of Pecan Gap 060- 000 -00 Delta County DENTON COUNTY TAXING UNITS 061 - 910 -02 Argyle Independent School District 061 - 907 -02 Aubrey Independent School District ] - UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX FREEPORT PROPERTY IN 1990 4 061- 901 -02 Denton Independent School District * 061-905-02 Krum Independent School District 061- 912 -02 Lake Dallas Inde•endent School District 4 061- 902 -02 Lewisville Independent School District 061- 914 -02 Little Elm Independent School District 061 - 911 -02X Northwest Independent School District 061- 903 -02X Pilot Point Independent School District 061- 906 -02 Ponder Independent School District 061 - 908 -02 Sanger Independent School District 061 - 123 -03 City of Argyle 4 061 - 101 -03 City of Aubrey 061 - 125 -03 Town of Bartonville 061 - 114 -03 City of Corinth 061-111-03 City of Denton 061- -03 City of Double Oak 061 - 103 -03 Town of Flower Mound 061- 122 -03 City of Hackberry 061 - 121 -03 City of Hickory Creek 061- 104 -03 City of Highland Village 061 - 105 -03 City of Justin 061- 117 -03 City of Krugerville 061-106-03 City of Krum 061- 113 -03 City of Lake Dallas 061 - 124 -03 City of Lakewood Village 061 - 112 -03X City of Lewisville . 061- 107 -03 Town of Little Elm 061 - 118 -03 City of Marshall Creek 061 - 119 -03 City of Oak Point 061- 108 -03 City of Pilot Point 061- 116 -03 Town of Ponder ., 061 - 109 -03 City of Roanoke 061- 110 -03 City of Sanger , 061- 102 -03 City of The Colony 061- 120 -03X City of Trophy Club 061 - 000 -00 Denton County ' DEW ITT COUNTY TAXING UNITS 062- 901 -02X Cuero Independent School District 062- 906 -02X Meyersville Independent School District 062 - 902 -02X Nordheim independent School District 062 - 905 -02 Westhoff Independent School District 062 - 903 -02X Yoakum Independent School District 062- 904 -02 Yorktown Independent School District v,° 062 - 103 -03 City of Cuero , 062- 101 -03 City of Nordheim 062- 104 -03X City of Yoakum 062- 102 -03 City of Yorktown 062 - 000 -00 DeWitt County q r UNDERSCORED TAXING UNITS HAVE ELECTED TO TAX FREEPORT PROPERTY IN 1990 246 - 000 -00 Williamson County 246 - 201 -15X Austin Community College District (Travis CAD) 246- 109 -03 City of Leander 246 - 106 -03 City of Round Rock 246- 108 -03 City of Taylor 246 - 107 -03 City of Thrall 246 - 110 -03 City of Weir WILSON COUNTY TAXING UNITS 247 - 901 -02 Floresville Independent School District 247 - 903 -02X La Vernia Independent School District 247 - 904 -02 Poth Independent School District 247 - 906 -02 Stockdale Independent School District 247 - 101 -03 City of Floresville 247- 102 -03 City of La Vernia 247 - 103 -03 City of Poth 247 - 104 -03 City of Stockdale 247 - 000 -00 Wilson County • WINKGER COUNTY TAXING UNITS 248 - 901 -02 Kermit Independent School District 248 - 902 -02X Wink- Loving Independent School District 248- 101 -03 City of Kermit 248 - 102 -03 City of Wink 248- 000 -00 Winkler County WISE COUNTY TAXING UNITS 249 - 901 -02X Alvord Independent School District 249 - 902 -02 Boyd Independent School District 249 - 903 -02 Bridgeport Independent School District 249- 904 -02 Chico Independent School District 249 - 905 -02 Decatur Independent School District 249- 906 -02 Paradise Independent School District 249- 908 -02X Slidell Independent School District 249- 101 -03 City of Alvord 249 - 102 -03 City of Boyd 249 - 103 -03 City of Bridgeport 249- 104 -03 City of Chico 249- 105 -03 City of Decatur 249 - 106 -03 City of Newark 249- 107 -03 City of Rhome - 249 - 108 -03 City of Runaway Bay 249 - 000 -00 Wise County aFi .,„ FREEPORT EXEMPTION RESULTS Independent School Districts aal Argyle ISD- 817 - 464 -7241 Voted to Exempt Goods 4 Denton ISD- 817 - 387 -6151 Voted to Exempt Goods 4 Fort Worth ISD- 817 - 336 -8311 Took no action, would consider exempting Northwest ISD- 817 - 430 -0036 Voted to tax 1990, would consider exempting • Counties 4 Denton County- 817 - 383 -8399 Voted to exempt goods Tarrant County- 817 - 334 -1234 4 Voted to exempt goods Community College(s) 4 TCJC- 817 - 336 -7851 Took no action, will decide at March Board meeting 4 Cities Denton- 817 - 566 -8200 4 Voted to tax 1990, will exempt in subsequent years Haslet- 817 - 439 -5931 4 Voted to exempt goods A Fort Worth- 817 - 870 -6000 Took no action, Master Agreement with American Airlines made provisions necessary to preclude council action Roanoke- 817 - 491 -2411 Voted to tax 1990, would consider exempting 4 City of Southlake, Texas M E M O R A N D U M March 6, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Bid Award for Metal Halide Sports Lighting Fixtures for Ballfield #2 w . Attached is a copy of the bids submitted for the Sports Lighting Fixtures for Ballfield #2 and a bid tabulation of those bids. The low bidder meeting specifications was Bruce Collins Electrical Supply from Euless with a bid of $4,246. This is approximately $2,000 less than quotes received about a month ago. The bids received were from reputable companies in the area and the result was a low bid for Southlake when you consider that the first five bidders were within $242 of each other. It is therefore recommended that Bruce Collins Electrical Supply Co. be awarded the bid for 22 Metal Halide Sports Lighting Fixtures for $4,246. If there are any questions, please contact me. MHB /ew attachment 5 ' m r te - ° C ..1 fiN rt m ....c. ? :-.-.1 C ' rn '° ' rn to, 23 PO . n eN L --C / Z sr• -{ 40 1 3 Z. ..< m m rn rn rn 'V '1l .. O CA UN M liftwiii 4. r ' td i 70 a ? ? a A ig . 411 . O l >> W * o4 ..1.‘ 1_ 0 C*. MIIII g i O Q $a b o w 1::, C 21 Gs CN PO M AI t lAi IQ O O O a N o /=. A CA O} Zit =.. i _4 3 rs c> t -0 t> i .1:, C c c . t- -.. p 3 a z 0 _ ¢ R 1 OD "1 r 4. A Z.. TN . - - at. '414sgese 4 0 i on 7 - II E CA City of Southlake, Texas SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide Sports Fixtures 22 193.00 ea. 4246.00 C, TOTAL BID AMOUNT: 4246.00 WARRANTY PERIOD: One year from date of shipment by Hubbell. DELIVERY DATE: 3/23/90 (Based on receiving order 3/7/90) NAME OF FIRM: Bruce - Collins Electrical Supply 17- 571 -3686 BY : 1��/uC k Billy ruce TITLE: Vice- President NOTE: Quoting Specified Fixtures Only W/ Lamp BRUCE - COLLINS ELECTRICAL SUPPLY CORP. A Parrish - Hare Affiliate ` .. 1131 S. Airport Circle, Suite 150 Euless, Texae 76040 (87) 571 -3686 City of Southlake, Texas SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST 4 Metal Halide Sports Fixtures 22 X77 r 4 4345, d o 4941 P INCL. TOTAL BID AMOUNT: -1345 °'° WARRANTY PERIOD: 1 , , .0. teeL 4IZQ NT •, 4 AMERICAN Ec,- z�- 2283 - oz) 1 rid /g 57 1P IN gV DELIVERY DATE: "Acre S OG - _1O_ WORKING D�`'S) F E 'S' 4 NAME OF FIRM: _ umm iT EZEGTic /c 5'uPPLY BY: a TITLE: v� X) 0 4 1 • • City of Southlake, Texas SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide / ? 8 / 4 g ."2 Sports Fixtures 22 0 TOTAL BID AMOUNT: ✓ ' 2'' WARRANTY PERIOD: // t/✓ - " i DELIVERY DATE: 4rell! 14 C *Ityr1"- Vs"-6 s -6 s / ° ° r'44 NAME OF FIRM: / / 1 2■1kAA 4 0) e etrit.- 4 BY: TITLE: ZA? c4. ,45,:c -----p-e- .1.,24 a bit • a• - P. O. BOX 2453 3201 HARL EV AVENUE 6/ FORT WORTH TX 76113 (817) 335.4523 Ly O1 *Ulm nano, ► vwao - - - • SPORTS LIGBTING BID 7ESCRUPTION: NO. UNIT COST TOTAL CAST Metal Halide 47.1: or Sports Fixtures 22 $204.34 TOTAL BID AMOUNT: WARRANTY PERIOD: Ballest 1 year Lamp 1 year Fixture 1 year DELIVERY DATE: 8 to 10 working days after receipt of order All freight included - one release NAME OF FIRM: Empire Electrical Supply Co. 1 BY: Eddie Hickman 2.ir TITLE: Vice President I r NOTE: A cash discount of 1.5% will be allowed 1 if paid within Empire Electrical Supply Co. payment terms. ge EDDIE HICKMAN Phone # 831.4494 FAX #838 -9439 e EMPIRE ELECTRICAL _ "" SUPPLY `-"- IPA 1671 Hickory Drive Ft. Worth. Tx 76117 . .rr City of Southlake, Texas SPORTS LIGHTING BID • DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide Sports Fixtures 22 $204.00 $4488.00 TOTAL BID AMOUNT: $4488.00 WARRANTY PERIOD: One year from date of factory shipment, per paragraph ,. (7) of attached page showing Terms and Conditions. DELIVERY DATE: Shipment from factory stock in Memphis, Tn. within 5 working days or less after release of order. NAME OF FIRM: Dealers Electrical Supply Co. Fort Worth. Tx. BY : �1. TITLE: Branch Manager NOTE: We are bidding on American Electric #283- 0D186/9901H fixture with #M1500 metal halide lamp. * TERMS: Net 30 days after date of invoice. ft Normal truck freight allowed from factory to Southlake, Tx. HMV City of Southlake, Texas SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide Sports Fixtures 22 $257.00 $5,654.00 TOTAL BID AMOUNT: $5,654.00 WARRANTY PERIOD: 1 year (see attached) DELIVERY DATE: 2 weeks - A.R.O. NAME OF FIRI.1: Amtech Lighting Sery f rpc BY: Paul Moore TITLE: Oparatinns Manager ,, I a G1ty OT bODUi*ana, i CAMS SPORTS LIGHTING BID • DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide 16 Sports Fixtures -2-2 $392.00 $6.272.00 *Qualite Sports Ligting Pro - Series TOTAL BID AMOUNT: $6,272.00 WARRANTY PERIOD: 5 -Year Warranty on aiming. (See attached brochure) DELIVERY DATE: 30 - 45 days aro. NAME OF FIRM: HUNTER- IEPSHIELD OF TEXAS, INC. BY : 'r�.r.' g�� Ed Kn.. hield TITLE: President *200 -foot field - 16 fixtures, 4 -pole system. 4 60' poles, 52' mounting height, supplied by owner. Pre - aimed, pre -wired system. Above price includes freight and hardware. I � 0 City of Southlake, Texas 4 BID PROPOSAL FOR METAL HALIDE SPORTS LIGHTING FIXTURES ' I. DESCRIPTION OF BID ITEM: Contractor shall furnish twenty -two (22) Metal Halide Sports 4 Lighting fixtures with lamp, ballast, and crossarm bracket as manufactured by Hubbell SLH -1500 Halide- 1x8, 240 volt single phase or approved equal. Contractor shall deliver fixtures to a point within the city limits of Southlake. However, exact delivery point will be verified with the Director of Public Works prior to delivery. Contractor shall obtain prior approval of fixtures not specified, herein, from the Director of Public Works at least forty -eight (48) hours prior to bid opening. 4 II. WARRANTY PERIOD: Contractor shall give details of warranty period and length of warranty period. III. TIME OF DELIVERY: It should be noted that time is of the essence and delivery time will be a factor in selecting the successful bidder. IV. BID OPENING DATE: Contractors shall submit their bids by 10:00 a.m., Tuesday, March 6, 1990 to the City Secretary's Office located at 667 4 N. Carroll Avenue, Southlake, Texas, 76092. Bids not received by this time shall not be opened or considered. Bids will be opened and read aloud by the City staff. 4 V. BID AWARD: The City staff will review the bids and make a recommendation to the City Council based on bid price, length of warranty period, and delivery time. It is anticipated that the City Council will make an award at the March 6, 1990 City Council 0 meeting. The City Council has the right to accept or reject the bids submitted by City staff not meeting specifications. 4 1 4 City of Southlake, Texas SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide Sports Fixtures 22 TOTAL BID AMOUNT: I , WARRANTY PERIOD: DELIVERY DATE: 4 NAME OF FIRM: BY: TITLE: • City of Southlake, Texas • ADDENDUM # 1 for BID PROPOSAL FOR METAL HALIDE SPORTS LIGHTING FIXTURES BID DATE: 10:00 AM, Tuesday, March 6, 1990 @ the City Secretary's Office located at 667 N. Carroll Ave., Southlake, TX 76092 The following companies have been approved to submit bids for the Metal Halide Sports Lighting Fixtures: * General Electric * Lithonia Hitech * American Electric * Cross Hinds The above companies have been approved to submit bids, providing that the fixtures submitted are equal or greater in all respects to Hubbell SLH - 1500 Halide - 1 x 8 fixture. All contractors shall submit with their bid specification brochures of their fixture they are bidding and the attached addendum. For further infori.tion, please contact: P ra Michael H. Barnes, P.E. Director of Public Works Phone # (817)- 481 -5581 A n INSUL ATION • ZTANCHION FLARE TOP VIEW sT A Fr ont . T E � ro h1y � r � � 2 Oe qO�d C 2S Cj 3 I� 1552 1, "4 tr '1\ SS Fro" vo q °!d N Not to Scale • tpm .A1L ,�� cx: 5 -0o • • • iL STRUCTURE FLAME r , r 1 _ I 11 N 1 1 STANCH ION • FLARE \</ /0 S Ca\ A L LJ SIDE VIEW INTERVIEWS WATER AND WASTEWATER RATE STUDY Thursday, March 15 8:00 a.m. Freese and Nichols Friday, March 16 8:00 a.m. Reed Stowe 9:00 a.m. Joe Nall 4