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1990-09-04
CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING September 4, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Springer; Members: Rick W. Ralph Evans. Mayor, Gary Fickes; Mayor Pro Tem Betty Wilhelm, Sally Hall, Jerry Farrier, and, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Billy Campbell, Police Chief; Eddie Cheatham, City Engineer; Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. in order for Council to review the items on the agenda. The Regular City Council meeting was called to order at 7:30 p.m., by Mayor Gary Fickes. Agenda Item ~2, Approval of the Minutes The Minutes of the Regular City Council Meeting held on August 21, 1990, were approved as corrected. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier, Evans Nays: None Approved: 5-0 vote. Agenda Item #3, Mayor's Report During the Mayor's Report, Mayor Fickes referenced a letter he had received from Seikoh Sasaki, the representative from Toyoma, Japan, who visited Southlake during July, thanking Southlake for the wonderful experience. Councilmember Rick Wilhelm reported on the Southlake Economic Development Council, stating that the Annual Realtors Rally was a success. The Southlake video was shown, and the folding brochure was presented. The Economic Profile which is being prepared is coming along fine. Mayor Fickes announced that the 1990 Decennial Census has been received. The report shows that Southlake has a total population of 7,052, with 2,445 total housing units, and currently, 128 vacant housing units. City Council Minutes September 4, 1990 page two Agenda Item #3, Continued Mayor Pro Tem Betty Springer announced that the Southlake Chamber of Commerce will be sponsoring "Casino Nite" at the Marriott Solana Village, on September 22, 1990, beginning at 8:00 p.m. Net proceeds will support the Southlake Library Fund. Tickets can be purchased from the Chamber of Commerce. Agenda Item #4, City Man~er's Report The City Manager, Curtis Hawk, reported that he had met with the citizen, Cotton Thompson, who appeared before Council on September 4, in regards to complaints of noise and dust on Brumlow Avenue. Hawk stated that Council should get a written report from the Air Quality Board before long about the problems. Agenda Item #5, #6, #7- Consent Agenda The consent agenda items being considered tonight include: Resolution 90-67, Reimbursement to Arvida for pumping of sewage as provided in the Developers Agreement for SouthRidge Lakes, Phase I. Resolution 90-64, amending Cheatham and Associates contract for the S-6 Sanitary Sewer Line. Resolution 90-65, participation in the funding of a Steering Committee through Tarrant County Mayor's Council in order to preserve the rights of the whole- sale customer cities to challenge the imposition by the City of Fort Worth of new charges for water and wastewater service. Motion was made to approved the consent agenda items as presented. Motion: Hall Second: Springer Ayes: Hall, Springer, Evans, Farrier, Wilhelm Nays: None Approved: 5-0 vote. Agenda Item #8, Public Forum-A A. The public forum resulted with no comments from the audience. City Council Minutes September 4, 1990 page three Agenda Item #8, Public Forum-B, 2nd Public Hearing on Budget The 2nd public hearing on the proposed Fiscal year 1990-91 Budget was conducted in accordance with the City of Southlake Home Rule Charter. City Manager Curtis E. Hawk explained that the two organizational changes included in this proposed budget is the creation of a Department of Public Safety, which'will be headed by Chief of Police Billy Campbell, and, the creation of the Wastewater Utilities Department. He has proposed seven new positions in the budget; six in the general fund and one in the revenue fund. This will include: one planner, two communication personnel, receptionist, wastewater worker, two street maintenance workers. Councilmember Sally Hall expressed that she finds it hard to believe that'we have gone backwards in our amount of valuation on the tax roll, as shown on the certified tax roll. She noted that where some of the properties are not showing up on the tax roll, lots of construction was on the ground and it is hard to recognize that the roll is less. Mayor Pro Tem Springer expressed concern'with raising the projected sales tax revenue in the amount of $70,000. Hawk stated that he feels very comfortable that we will bring in the sales tax to cover the $70,000. increase. Mayor Fickes stated that by adding the $70,000 to sales tax, we can in essence cut the tax rate by 1¢ or $.4450 per $100. valuation. The public hearing resulted with no comments from the public. The 3rd public hearing required by City Charter will be held September 18, 1990, during the Regular City Council meeting. on Agenda Item #9, Ordinance No. 521, 1st reading. Creating Administrative Departments Curtis Hawk stated that Ordinance No. 521 is in keeping with the budget. As discussed earlier, the budget does provide for a change in the Administrative Departments. There is Ordinance No. 355, approved in 1987, which establishes four (4) administrative departments. Ordinance No. 521, repeals that ordinance in accordance with Section 4.01 of the City Charter, which provides for the City Council to provide for a Department of Administration, headed by the City Manager; Department of Public Safety, headed by the Director of Public Safety; and, the Department of Public Works, headed by the Director of Public Works. City Council Minutes September 4, 1990 page four ~enda Item #9, Continued Mayor Pro Tem Springer stated that Mr. Hawk realizes that she has concerns with creating a Department of Public Safety, in view of the fact that other communities which have attempted this and it has not necessarily worked out, but she is putting her faith in Curtis Hawk, Chief Campbell and the new Fire Chief, in hopes that this will work out. Councilmember Rick Wilhelm stated he looks forward to the challenge of a Department of Public Safety, the way we have it scheduled right now, and that it is not a mandatory thing, and potentially the city can save a lot of money and provide a better service for the citizens. He added, we can learn by the mistakes that have been made. He has full faith that it will be an excellent department. Curtis Hawk stated that he thinks what will make it work here, will be the community. With the high density development, type of development and the leadership that we have in our community, this is an area that does afford us to do something different. Mayor Fickes stated that he feels this is the right time to implement a Department of Public Safety. We have a new Fire Chief coming on board, and with the size of our city, this is the time to establish this new program. Motion was made to approve the Motion: Wilhelm Second: Hall Ist reading of Ordinance No. 521. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 5-0 vote Springer, Evans, Farrier A~enda Item #10, Ordinance No. 518, 1st Reading, FY 90-91 Budget The City Manager, Curtis Hawk stated that he has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1, 1990, and ending September 30, 1991. Three public hearings will be held on August 21, 1990, September 4, 1990, and the last on September 18, 1990, and all those that wished to be heard in regards to this budget, will have done so. City Council Minutes September 4, 1990 page five Agenda Item #10, Continued Motion was made to approve the 1st reading of Ordinance NO. Motion: Farrier Second: wilhelm Mayor Fickes read the caption of the ordinance. 518. Mayor Pro Tem Springer asked that the record reflect her vote includes abstention of line item #251, in Department ~100, Division #100, of the City Secretary, City Council Section for Economic Development Funding, due to conflict of interest. Ayes: Farrier, Wilhelm, Nays: None Approved: 5-0 vote Hall, Evans, Springer Agenda Item ~11, Ordinance No. 519, 1st reading. Tax Levy The Tax Levy ordinance, No. 519, was discussed. The City Manager stated that there is a big increase in the portion of the tax rate which is reserved for debt. The increases are as follows: Debt Service .0775 from .0299 M & 0 .3775 from .3583 Total .3882 to .4550 The public hearing on the tax rate resulted with no comments. It was noted that by increasing the amount of sales tax from $294,000 to $370,000 will drop the proposed tax rate from $.4550 to $.4450. The City Manager stated that the budget has a $200,000 undesignated fund balance built into it. Mayor Fickes commented that City Council was first looking at 50¢ tax rate, and then came down. The City has had an extremely high rate of collection on our taxes this year, which is what the budget is based on. Motion was made to approve Ordinance No. 519, 1st reading, amending the tax rate from $.4550 to $.4450 per $100 assessed value. Motion: wilhelm Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Hall, Springer, Farrier City Council Minutes September 4, 1990 page six Agenda Item #12, Ordinance No. 516, 1st reading. Tax and Waterworks and Sewer System Revenue Certificates of Obligation The City Manager, Curtis Hawk, explained that Ordinance NO. 516, is an ordinance authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (limited pledge) Revenue Certificates of Obligation, Series 1990". He further explained that the funds will be used for relocation of water lines on FM 1709. The proposed FY 90-91 Budget has the debt service on this amount included in it. The FM 1709 curb and gutter project and the relocation of water lines is scheduled to bid in March 1992. Mayor Fickes added that he talked with Commissioner Hampton and the project includes 29 condemnations and 16 has gone to panel. It is moving through the system. Motion was made to approve Ordinance No. Motion: Wilhelm Second: Springer 516, 1st reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Springer, Nays: None Approved: 5-0 vote Hall, Evans, Farrier Agenda Item #13, Ordinance No. 517, 2nd reading. Finance Contractual Obligations Public Property The City Manager, Curtis Hawk explained that the Public Property Finance Contractual Obligations will be used to provide funding for the addition to City Hall, and for Fire Department apparatus. Patricia Gallaher, with 1st Southwest Company, was present answer questions for Council. The public hearing resulted with no comments from the audience. Motion was made Motion: Evans Second: Hall to approve the 2nd reading on Ordinance No. 517. Mayor Fickes read the caption of the ordinance. Ayes: Evans, Hall, wilhelm, Nays: None Approved: 5-0 vote Springer, Farrier to City Council Minutes September 4, 1990 page seven Agenda Item #14, Resolution 90-62, Paying Agreement Agent/Registrar Resolution 90-62, approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the City of Southlake, Texas, Public Property Finance Contractual Obligations, Series 1990, and resolving other matters incident and related hereto, was discussed. Motion was made to approve Resolution 90-62, as presented. Motion: Springer Second: Farrier Ayes: Springer, Farrier, Hall, Evans, Wilhelm Nays: None Approved: 5-0 vote Agenda Item #15, Ordinance No. 520, 1st reading. Water Rates Ordinance No. 520, Water Rates, was discussed by the City Manager. Mayor Fickes noted that Council reviewed the water rates in'work session and the consensus of Council was that they would go with Alternate A, with a 13.75% increase in the water rates. Jerry McCrory, 1355 Ten Bar Trail, Southlake. Mr. McCrory expressed that he feels a vote for Alternate A, will be a positive move the city. Motion was made to approve Ordinance No. 520, Motion: Farrier Second: Wilhelm 1st reading. Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Springer, Wilhelm Nays: Hall, Evans Approved: 3-2 vote A~enda Item #16, Ordinance No. 480-26, 2nd reading. (ZA 90-35). The Zoning Administrator, Karen Gandy, presented ZA 90-35, a zoning change request for a 43.222 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A. Current zoning is Agricultural, request is for the SF 20 A Zoning District. Gandy noted that nine letters were sent to property owners within 200' and the responses were received from Bob Goode and Betsy Shatley, both opposing the request. City Council Minutes September 4, 1990 page eight Agenda Item #16, Continued Craig Curry, Nelson Corporation, stated that they agree with the two items expressed during the first reading, including: 1) avigation releases being labeled on the final plat, and, 2) the potential need for additional insulation in the houses due to the sound levels. Mr. Curry shared his findings with Council in regards to noise levels, stating he checked with the F.A.A. and F.H.A., and they were in concurrence that they will need no additional insulation in the residences. Public Hearin~ Betsy Shatley, TexArt Stone Company. She Owns the property to the west of the site being considered. She feels homes next to her property would cause her problems. She feels the noise factor is still there. She feels noise and safety are very legitimate concerns. She invited the City Council to view her operation and feels the future property owners would object to her operation. She questioned why this request was turned down a short time ago and is being considered for approval at this time. Public hearing closed. Councilmember Wilhelm replied to Mrs. Shatley, that if you look at the record, the Council was extremely concerned with health, safety and welfare in that area, in that there was no clear zone and very little land dedicated for open space. The objections which City Council had at the time of the last request, have been met with this new plan, in that it is significantly less dense, a large portion has been dedicated to open space, there is a significant preservation of green trees that are currently in there. Wilhelm indicated that he feels this is perhaps the hardest zoning case that he has had at P & Z level, as there are such diverse uses. He has to look long into the future as to what is best for the future of the city. Both TexArt Stone Company and Goode Airport are nonconforming uses, and at some point and time in the future, there may be another use on the property to the west and the north. He sees this property as single family use. Mayor Pro Tem Betty Springer pointed out that the property owners looking to purchase property in this addition, will see the concrete plant and the airport, and will take this into consideration. City Council Minutes September 4, 1990 page nine Agenda Item 916, Continued Motion was made to approve Ordinance No. 480-26, 2nd reading. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Nays: Evans Approved: 4-1 vote Springer, Hall Council adjourned for recess at 9:45 p.m. Council returned to open session at 9:55 p.m. Agenda Item #20, Ordinance No. 480-29, 1st reading (ZA 90-39) Zoning Gifford Court AG to Manufactured Housing (MH) A zoning change request for a 2.14 acre tract of land out of the B.J. Foster Survey, Abstract NO. 519, Tract 1A1A2E, for Gaylia Reimer, on East Randol Mill Road, east of Gifford Court. The Zoning Administrator, indicated that eight letters were sent to property owners within 200', and she has received four positive responses. T.D. Gifford, Rt 1 Box 229P, Rhome, Texas. Mr. Gifford stated that there was a mobile home on the property at the time the property was annexed. It was removed longer than six months ago, however, there was an existing use of a mobile home at the time of annexation. To the west of the property on tracts 2,3, & 4, there are now mobile homes. There is a mobile home on the Curtis Wood tract, as outlined on the exhibit . Mr. Gifford owned the property when it was brought into the city, also at the time Cross Timber Hills Addition was built. Public Hearing: Ken Clary, 1603 Willow Lane, Euless. Mr. Clary is the potential property Owner, provided the zoning request is approved. He found out about the property and was told by a real estate representative that a mobile home could be put on the property. He talked with Mrs. Gandy and she said there was a problem. Keith Ryan, 1788 Kingswood, Southlake. He is in objection to this request. He feels that placing a mobile home on the property does not do the City any good. He paid a lot of money to live in that area and he does not want to see the area deteriorated. City Council Minutes September 4, 1990 page ten A~enda Item #20, Continued John Girkland, 1386 moved to Southlake type of development. LakeView, Southlake. Mr. Girkland stated they as opposed to Keller. He is opposed to this He does not see changing the area in this way. Jim McCutcheon, 1383 Woodbrook Lane, Southlake. He is very opposed to manufactured housing. They look to this as a very important issue to the area and it will affect their property values. He hopes that City Council will review the request. Steve Kuykendall, 1789 Kingswood, Southlake. He is opposed to this, mainly because of the property values. He is opposed to manufactured housing. Victoria Girkland, 1386 LakeView, Southlake. When they purchased their property, they talked with their banker and he said the property value would go down if it is adjacent to mobile homes. She does not feel it would be in the best interest to zone as requested. Jerry Lawlor, 1217 Morgan, Southlake. He is president of Cross Timber Hills Homeowners Association. They are opposed to manufactured housing next to Cross Timber Hills Addition. Nancy Schnabel, 1383 LakeView Drive, Southlake. They are living with Lemke as a non-conforming use, if City Council changes the zoning to Manufactured Housing, Council would be setting a precedent, that as soon as Lemke moves, the property would revert back to manufactured housing. Wayne Harrison, 1791 Kingwswood, Southlake. When he built his house, he stated, there was manufactured housing there. He built a fair priced house on Kingswood and feels when the mobile homes leave the property, do not replace them with another mobile home. Jim Martin, 768 Bandit Trail, Colleyville. He has known this property for some time, and mobile homes were there before Kingswood and Cross Timber Hills. He believes these people should be able to live in what they can afford to live in. Craig Willan, 1376 LakeView, Southlake. It is not an issue tonight, to throw people off of their property. The citizens have had a lot of time to decide what they want their city to be. The issue is changing in the future, the quality of the city, on this side of town. City Council Minutes September 4, 1990 page eleven Agenda Item #20, Continued Councilmember Wilhelm noted that he feels the best use of this land is single family, not manufactured homes. He stated that Cross Timber Hills has felt economic setbacks because of the economy as well as other reasons. It is a proper single family area and not mobile homes. Motion was made to deny Ordinance No. 480-29. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans Nays: Farrier Denied: 4-1 vote Agenda Item #17, Ordinance No. 480-22, 1st reading. (ZA 90-21) Zoning Administrator, Karen Gandy, presented the zoning change request for a 5.732 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, Tract lC. Current zoning is Agricultural, request is for the Commercial-1 Zoning District. The property Owner/applicant is Trustees, E-Systems, Inc. Pool Trust, represented by A1 Wilkie, Land and Planning Consultant. Mrs. Gandy noted that the Planning recommended denial by a vote of 3-1. and Zoning Commission Mr. A1 Wilkie was present to represent E-Systems. He stated the net buildable area is 4.5 acres. He asked that City Council consider Commercial-1 Zoning for the property, and he intends to leave the property in a holding pattern until the area grows up around it. Mayor Fickes stated that he feels the applicants are wanting to zone the property only to market it better, knowing they will not be developing the property. Councilmembers expressed concern with zoning the "holding" until the area developes. The property is at as a 4.5 acre tract of land zoned Commercial-1. property for being looked Public Hearin~ Larry Cole, 2108 Greelee Court, Colleyville. Mr. Cole stated he is against the zoning request because he feels it is premature. He feels that zoning property without knowing the ultimate use is not good. The City Attorney suggested that the land use plan be amended to allow for commercial in that area. City Council Minutes September 4, 1990 page twelve Agenda Item ~ 17 Continued Mayor Fickes suggested that the Planning and Zoning Commission look at the Land Use Plan in regards to this property. Motion was made to approve Ordinance NO. 480-22. Motion: Farrier Motion died for lack of a second. Motion was made 480-22. Motion: Evans to deny the zoning requested in Ordinance No. Motion died for lack of a second. Motion was made to table Ordinance No. 480-22, time September 18, 1990. Motion: Springer Second: Farrier Ayes: Springer, Farrier, Evans, Hall, wilhelm Nays: None Approved: 5-0 vote (to table) certain, Agenda Item ~18, Ordinance No. 480-27, 1st reading (ZA 90-34) Ordinance No. 480-27, is a zoning change request for two (2) acres of land out of the J.G. Allen Survey, Abstract No. 18, Tract 4A16. The Current zoning is Agricultural, request is for the B-2 Commercial Manufacturing Zoning District. Owner: Jean Snow. Applicant: Tony Chavez . Karen Gandy, Zoning Administrator, noted that three letters were sent to property owners within 200'. She received a reply from Harold Pipes, who is opposed to the request. During the August 9, Planning and Zoning Commission meeting, it was felt that B-1 was more compatible with the area. The applicant stated that B-1 was acceptable to them. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance NO. 480-27, 1st changing the request from B-2 to B-1 Zoning District Service Park District). Motion: Wilhelm Second: Evans reading, (Business Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Springer, Hall, Farrier City Council Minutes September 4, 1990 page thirteen Agenda Item #19, Ordinance No. 480-28, 1st reading (ZA 90-37) A zoning change request for a 16.48 acre tract of land out of the H. Decker Survey, Abstract No. 438, the P.R. Splane Survey, Abstract No. 1453, and the C.B. McDonald Survey, Abstract No. 1013. Current zoning is Industrial-1 with a request for Industrial-2 Zoning District. The owner/applicant is Explorer Pipeline Company. The Zoning Administrator made a presentation stating that the three responses received were all in favor of the request. On August 23, the Planning and Zoning Commission recommended approval of I-2 Zoning. Curtis Craig, Attorney for Explorer Pipeline was present for the meeting to answer questions for the Council. He introduced Ken Bailey, manager of the Southlake Plant. The purpose of the request is to be in compliance , as this is a closed pipeline system, and there are no current plans for additional tankage at this time. Public Hearing: Ed Brown, 1213 Timberline, Southlake. Mr. Brown would like for the city to require a fire lane around the gravel road. He feels the high weeds in that area are a fire hazard. Ken Bailey stated they were to receive a letter from the City stating what the city is requiring, due to the request costing some $70,000. Mayor Fickes suggested that Staff get with David Barnes and review his report, determining what the city should do by the second reading of this ordinance. Motion was made to approve Ordinance No. 480-28, Motion: Wilhelm Second: Springer 1st reading. Mayor Fickes read the caption of the ordinance. Ayes: wilhelm, Springer, Farrier, Nays: Hall Approved: 4-1 vote Evans Mayor Fickes asked that City Staff look at the items discussed and be prepared to report to Council at the next meeting. City Council Minutes September 4, 1990. page fourteen A~enda Item #21, ZA 90-38, Site Plan for Apex Aviation ZA 90-38, a site plan for Apex Aviation for a building addition at 1951 E. Continental Blvd., a 1.285 acre tract of land out of the H. Decker Survey, Abstract No. 438. The Zoning Administrator, Karen Gandy, stated that they are proposing a 25'X 60' building. Eric Dalton, Dalton Incorporated, Landscape Architect for the project stated they are here to comply in order to get a building permit. They are in the process of starting the replating procedures as suggested by the Planning and Zoning Commission. Councilmember wilhelm noted that going from a metal building to one faced in brick, he feels is an improvement. Motion was made to approve the Site Plan for Apex Aviation. Motion: Hall Second: Evans Ayes: Hall, Evans, Farrier, wilhelm Mayor Pro Tem Springer stepped out of the room and did not vote. Approved: 4-0 vote A~enda Item #22, ZA 90-40, Preliminary Plat of Monticello Councilmember Rick Wilhelm stepped down for this item. The preliminary plat of Hills of Monticello was presented to City Council. The 128.486 acre property is located in the Hall Medlin Survey, Abstract No. 1038, and the P. J. Hyde Survey, Abstract No. 667. Current zoning is SF 20 A. The Zoning Administrator, Karen Gandy noted that twenty-one letters were sent to property owners within 200'. On August 23, the Planning and Zoning Commission recommended approval of this preliminary plat subject to the Cheatham review letter. Daryl Perry, Washington and Associates, was present to answer questions for the Council. He stated the the plat being presented shows 102 Lots, where the concept plan presented earlier showed 124 lots. The engineers are working to revise the final four items in the Cheatham review letter dated August 30, 1990. Perry stated that they are an effort to come up with a both subdivisions. working fair and with the Nelson Corporation in equitable street alignment for City Council Minutes September 4, 1990 page fifteen Agenda Item ~22, Continued Motion was made to approve the preliminary plat Monticello, subject to the August 31, Cheatham review Motion: Farrier Second: Springer Ayes: Farrier, Springer, Hall, Evans Nays: none Approved: 4-0-1 of Hills letter. of Councilmember Wilhelm returned to Council table. Agenda Item I 923, Developers A~reement for SouthView Estates, Phase Michael Barnes, Director of Public Works, reviewed the Developers Agreement for SouthView Estates, Phase I, stating, the only items not generic to all agreements is off-site sewer, which will require easements needing to be obtained. The Park and Recreation fees are not required of this subdivision as it was approved prior to the ordinance being in place. Erosion control is an issue for this addition. John Levitt, Levitt Engineers, Southlake, was present and asked that the escrow amount of $5,000 be withdrawn and a $3,000 escrow fee for street cleaning be presented. Councilmember Wilhelm asked if there is some other way that the city can require cleaning the streets without charging the fees. Mayor Fickes asked that Michael Barnes check on this, also, that the $5,000 escrow fee be withdrawn. Motion was made to approve the Developers Agreement Estates, Phase I, as modified. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Hall, Springer Nays: None Approved: 5-0 vote for SouthView Agenda Item 924, Continental Park Estates Sewer Project The City Manger, Curtis Hawk, stated that on September 24, the time will expire for collection of sewer fees for Continental Park Estates sewer project. As of today, we have received $56,000, with commitments for $92,000. He stated that this item will be on the agenda for approval during the September 18, 1990 City Council Meeting. City Council Minutes September 4, 1990 page sixteen Agenda Item #25, Resolution 90-63, Contract for Portable Bldg. Michael Barnes, Director of Public Works, reviewed the bids for the portable building, in regards to the City of Southlake, City Hall Space Utilization Project. Barnes recommended accepting the low bid from Amtex Corporation in the amount of $70,657.40, with alternates 1,2, & 3, Motion was made to approve Resolution 90-63, awarding the contract for the portable building to Amtex Corporation, in the amount of $70,657.40, with the upgrades to the carpet and insulation being determined by the City Manager. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, wilhelm, Farrier Nays: None Approved: 5-0 vote Agenda Item #26, Resolution 90-61, DFW Response to EIS Mayor Fickes noted the written response which has been prepared in regards to the draft Environmental Impact Statement. Resolution 90-61, authorizes the Mayor to execute the formal response of the City of Southlake, to Dallas/Fort Worth International Airport in regards to the E.I.S. Motion was made to approve Resolution 90-61. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Farrier, Evans, Nays: None Approved: 5-0 vote. Hall A~enda Item #27, Executive Session Mayor Fickes announced that at this time, the City Council would go into executive session pursuant to V.T.A.S. Article 6252-17, Section 2(e), 2(f), 2(g). Council went into executive session at 1:35 a.m. Council returned to open session at 1:48 a.m. A~enda Item #28, Action Necessary/Litigations No action was taken on this item as the result of the executive session. City Council Minutes September 4, 1990 page seventeen Agenda Item #29, Action Necessary/Personnel Motion was made to proceed with the hiring of Don Wilson Fire Chief for the City of Southlake. Motion: Evans Second: Farrier Ayes: Evans, Farrier, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote. as the new Agenda Item #30, Action Necessary/Land Acquisitions No action was necessary as the result of the executive session. Agenda Item #31, Resolution 90-66, Appointment of Library Committee Motion was made Committee that the appointments. Motion: Springer Second: Farrier Ayes: Springer, Nays: None Approved: 5-0 vote to table Resolution 90-66, establishment of a for a Southlake Library and appointment of members, so City Secretary can proceed with advertisements for the Farrier, Hall, Evans, (to table) wilhelm Agenda Item #32, Adjournment Mam~'"~kes adjourned the meeting at 1:50 a.m_~ .*%.. . ..'~'9~ "' ' ' ~ .~Mayor of Spthlake ~-1 ... ... $ Sandra L. LeGrand City Secretary City Council Meeting September 4, 1990 page eighteen Agenda Item #15, Continued Councilmembers Ralph Evans and Sally Hall, expressed concern in regards to the water rates increasing by 13%. Councilmember Evans expressed that he uses 10,000 gallons or less per month, and he feels the Alternate "A" plan is designed to help the big water user, as opposed to the low water user. Councilmember Hall stated that Alternate "A" has a 13% increase in water rates and the rate study was based on 1,800 residential accounts and the city now has 2,100 water customers. Based on the change in the number of customers since the study has started, does the council still feel it should raise the rates by 13%. She suggested cutting the increase rate from 13% to 7% at this time, based on data. Mrs. Hall stated, to raise the rates up to $26.00 for the 1st 2,000 gallons, when $23.00 was already high, is really high. If the City is trying to encourage growth, this won't do it. 4 THE STATE OF TEXAS COUNTY OF - 7 - 201%0 - Rtditardtorlhdig as a member of the make this affidavit and hereby on oath state th following: I, _ .. . _ • - • . • • e r .. - - - • • 4 • - - - - • - - • _ • - : would be peculiarly affected by a vote or decision of the go - - &s. a th teLm nre c l e nca ChdD = 71 T- - • - 44 - • ,==. The business entity is m 41115 Df /V LL nn - r (name and address) 4 - - - - - - e-sn this business entity for ,the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting s ck or shares of the business entity. Ownership of 10% or more or $5, 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 4 have an equi ble or legal ownership with a fair market valu of at least $2,500. A relati e of mine has a substantial interest in the ' busine entity or property that would be affected by decision of the public body of which I am a me er. 4 U•. - • - vit_ h the amity S cxetary.,_ T affirm - • - - • - • •„ • ' • • . • - • dec'i Si nn involving this bu - = = - • - - • -cum -this matter whatzo ,r. CC Signed this IL day of , 19 /p . , / / Signature of official 52/ Title BEFO 0T d, the undersigned authority, this day personally appeared ,f J It? `it.),/./. d- t p and on oath stated that the "" facts hereinabove stated are true to the best of j, knowledge or belief. J Swor to and subscribed to before me on this 7 day of �� • 19f . SANDRA L. LeGRAND : #1 f A.,/ L., . y Notary Public .1 -1' h STATE OF TEXAS otary Pu • lic in and or ` MY Comm. Exp. 02/04/93 the State of Texas • i r � My Commission Expires: 6 l �'� /L )4e, � Q Type /Print Notary's Name A2 to. V P I F No.1 August 31, 1990 Dear Mr. Hawk: It was an unforgettable pleasure and honor to visit Southlake and meet you rr and the citizens of your city. First of all, let me say thank you very very much for your nice hospitality and warm welcome for me. I really enjoyed staying in Southlake and at the same time I learned a lot from you. It's been more than a month since I left Southlake. After Southlake I visited Houston, Salt Lake City, San Francisco, Portland. I came back to Japan 4 on August 5. I visited the town office and met our mayor on August 9. I gave him a report of my impression of Southlake. Seven town office staffs attended at the meeting. All of the attendants were pleased to know that Southlake was a good city and the people were so nice. m Mr. Nakazawa, the mayor of Toyoma, the town office staffs and I agreed to keep friendly relationships forever. 4 As the first step, we have decided to exchange letters or pictures among the citizens to know each other. I'll send some of the names or addresses of our 4 citizens to Southlake Chamber of Commerce. I hope the chamber will find pen pals for our citizens. A In Toyoma, a cultural festival will be held at the beginning of November. We'd like to introduce Southlake at that time. Mr. Nakazawa and the town office staffs told me that they would welcome the visitig of Southlake people to Toyoma in September next year. I was asked to help them to make plans. At the same time I and the members of Toyoma International Relation Association were asked to take a lead in the program. 4 Let me say again, I really enjoyed staying in Southlake. People were so kind and I was impressed with beautiful scenery and plenty of green. I like your city very much. If I had a chance, I'd like to visit Southlake again. I think 4 my family as well as the citizens of Toyoma would be happy if they could live 4 No.2 in such a beautiful environment. Lastly, let me say again thank you very very much for your nice hospitality and warm welcome for me. Please take care of yourself and please say hellov to all the people I met in Southlake. I do hope Toyoma will be able to continue friendly relationship with Southlake. I'll sometimes write to you to introduce Toyoma more. Sincerely yours, .28:0( Seikoh Sasaki h EXHIBIT A PAYING AGENT /REGISTRAR AGREEMENT THIS AGREEMENT entered into as of September 4, 1990 (this "Agreement "), by and between the City of Southlake, Texas (the r "Issuer "), and Ameritrust Texas National Association, a banking association duly organized and existing under the laws of the A United States of America, (the "Bank "). 4 RECITALS WHEREAS, the Issuer has duly authorized and provided for 4 the execution and delivery of its "City of Southlake, Texas, Public Property Finance Contractual Obligations, Series 1990" (the "Contracts ") in the aggregate amount of $200,000, such 4 Contracts to be issued in fully registered form only as to the payment of the Installment Amounts and interest thereon; and 4 WHEREAS, the Contracts are scheduled to be delivered to the initial contracting party on or about September 25, 1990; and i WHEREAS, the Issuer has selected the Bank to serve as paying agent, registrar and transfer agent with respect to such Contracts; and 4 rte, WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and is duly qualified and 4 otherwise capable of performing the duties and responsibilities contemplated by this Agreement with respect to the Contracts; NOW, THEREFORE, it is mutually agreed as follows: 4 ARTICLE ONE 4 APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying 0 Agent with respect to the Contracts, and, as Paying Agent for the Contracts, the Bank shall be responsible for paying on behalf of the Issuer the Installment Amounts and accrued 4 interest thereon as the same shall become due and payable to the Contracting Parties; all in accordance with this Agreement and the "Contract Resolution" (hereinafter defined). The 4 Issuer hereby appoints the Bank as Registrar with respect to 4 4 A the Contracts and, as Registrar for the Contracts, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the parties to said Contracts entitled to payment and with respect to the transfer and exchange thereof as provided herein and in the "Contract Resolution ". 1 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Contracts. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent /Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent /Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). r ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Contract means the date on and after which the Installment Amounts or any or all accrued interest thereon, or both, are due and payable on any Contract which has become accelerated pursuant to the terms of the Contract. "Bank Office" means the principal offices of the Bank located in Dallas, Texas, as indicated on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. k -2- "Contract Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Contracts. "Contract Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Contracts are authorized to be executed and delivered, certified by the Secretary or any other officer 4 of the Issuer and delivered to the Bank. "Contracting Party" means the Person in whose name a Contract is registered in the Contract Register. 4 "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. 4 "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, Finance Director or City Manager, any one or more of said officials, and delivered to the Bank. 4 "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Payment Date" means the date specified in the Contract Resolution the Installment Amounts are scheduled to be due and payable. '' "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government ,r or any agency or political subdivision of a government. "Predecessor Contracts" of any particular Contract means every previous Contract evidencing all or a portion 4 of the same obligation as that evidenced by such 4 particular Contract (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen 4 Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Contract Resolution). A "Prepayment Date" when used with respect to any Contract to be prepaid means the date fixed for such prepayment pursuant to the terms of the Contract Resolution. 4 4 -3- "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice - Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Contracts (Contract)" have the meanings assigned to them in the recital paragraphs of this Agreement. Unless otherwise defined herein, capitalized terms used herein shall have the same meanings ascribed thereto in the Contract Resolution. The term "Paying Agent /Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the Installment Amount of each Contract on its Payment Date, Prepayment Date, or Acceleration Date, to the Contracting Party upon surrender of the Contract to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Contract when due, by computing the amount of interest to be paid each Contracting Party and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of Installment Amounts and /or interest on the Contracts to the Contracting Party shall be accomplished (1) by the issuance of checks, payable to the Contracting Party, drawn on the fidicuary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Contract Register or (2) by such other method, acceptable to the Bank, requested in writing by the Contracting Party at the Contracting Party's risk and expense. -4- Section 3.02. Payment Dates. x40 The Issuer hereby instructs the Bank to pay the Installment Amounts of the Contracts and the interest thereon at the dates specified in the Contract Resolution. 4 ARTICLE FOUR REGISTRAR 4 Section 4.01. Contract Register - Transfers and Exchanges. 4 The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Contract Register ") for recording 4 the names and addresses of the Contracting Parties to the Contracts, the transfer, exchange and replacement of the A Contracts and the payment of the Installment Amounts and interest on the Contracts to the Contracting Parties and 4 containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and 4 replacement of Contracts shall be noted in the Contract Register. 4 Every Contract surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National 4 Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Contracting Party or his agent duly authorized in writing. 4 The Bank may request any supporting documentation it feels A necessary to effect a re- registration, transfer or exchange of r the Contracts. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Contracts, the exchange or transfer by the Contracting Parties will be completed and new Contracts delivered to the Contracting Party or the assignee of the Contracting Party in 4 not more than three (3) business days after the receipt of the Contracts to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly 4 executed by the Contracting Party, or his duly authorized agent, in form and manner satisfactory to the Paying Agent /Registrar. 4 4 A -5- Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Contracts to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Contracts will be kept in safekeeping pending their use and reasonable care will 6 be exercised by the Bank in maintaining such Contracts in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Contract Register. 6 The Bank, as Registrar, will maintain the Contract Register relating to the registration, payment, transfer and 6 exchange of the Contracts in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Contract Register in 6 any form other than those which the Bank has currently available and currently utilizes at the time. The Contract Register may be maintained in written form or 6 in any other form capable of being converted into written form within a reasonable time. E, Section 4.04. List of Contracting Parties. N The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Contract Register. The Issuer may also inspect the information contained in the Contract Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up -to -date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Contract Register to any person other than to, or at the 6 written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Contract Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Contract Register. 6 6 -6- 4 Section 4.05. Return of Cancelled Certificates. 4 The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Contracts in lieu of which or in exchange for which other Contracts have been issued, or which have been paid. A Section 4.06. Mutilated, Destroyed, Lost or Stolen Con- tracts. 4 The Issuer hereby instructs the Bank, subject to the provisions of Section 10 of the Contract Resolution, to deliver and issue Contracts in exchange for or in lieu of mutilated, destroyed, lost, or stolen Contracts as long as the same does A not result in an overissuance. 4 In case any Contract shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Contract of like form and tenor, and in 4 the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for 4 such destroyed lost or stolen Contract upon approval by the Issuer and after (i) the filing by the Contracting Party with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Contract, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and 4 charges associated with such indemnity and with the preparation, execution and delivery of a replacement Contract '" shall be borne by the Contracting Party to the Contract 4 mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. 4 The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Contracts it has paid pursuant to Section 3.01, 4 Contracts it has delivered upon the transfer or exchange of any Contracts pursuant to Section 4.01, and Contracts it has delivered in exchange for or in lieu of mutilated, destroyed, 4 lost, or stolen Contracts pursuant to Section 4.06. ARTICLE FIVE 4 THE BANK Section 5.01. Duties of Bank. 4 The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. 4 - 7 - Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, y y, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Contracts, but is protected in acting upon receipt of Contracts containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Contracting Party or an agent of the Contracting Party. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any k action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. -8- 1 Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Contracts shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their 4 correctness. The Bank shall in no event be liable to the Issuer, any Contracting Party to any Contract, or any other Person for any amount due on any Contract from its own funds. Section 5.04. May Hold Contracts. 4 The Bank, in its individual or any other capacity, may become the owner or pledgee of Contracts and may otherwise deal 4 with the Issuer with the same rights it would have if it were not the Paying Agent /Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and ' maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Contracts, and money deposited to the credit 4 of such account until paid to the Contracting Parties to the Contracts shall be continuously collaterialized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of 4 America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such 4 fiduciary account shall be made by check drawn on such fiduciary account unless the Contracting Party shall, at its own expense and risk, request such other medium of payment. 4 The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of any Contract, including interest thereon, and 4 remaining unclaimed for four years after final maturity of the Contract has become due and payable will be paid by the Bank to the Issuer, and the Contracting Party to such Contract shall 4 thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall A thereupon cease. 4 4 -9- Section 5.06. Indemnification. No "' To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its k powers or duties under this Agreement. Section 5.07. Interpleader. r The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that . service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Contracts are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements ", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. -10- Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12. Section 6.04. Effect of Headings. 4 The Article and Section headings herein are for convenience only and shall not affect the construction hereof. 4 Section 6.05. Successors and Assigns. i All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. 4 In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of 4 the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors 4 hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Contract Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent /Registrar and if any conflict exists between this Agreement and the Contract Resolution, the Contract Resolution shall govern. 4 Section 6.09. Counterparts. A This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the Installment Amounts and interest on the Contracts to the Contracting Parties thereof or (ii) may be earlier terminated by either party upon sixty (60) days written 4 -11- notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent /Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Contracting Parties to the Contracts of the appointment of a successor Paying Agent /Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Contracts. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Contract Register (or a copy thereof), together with other pertinent books and records relating to the Contracts, to the successor Paying Agent /Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Ameritrust Texas National Association BY Title: [SEAL] Attest: Address: P. O. Box 2320 Dallas, Texas 75221 -2320 Title: CITY OF SO " LAKE, S BY gum, 0.yor (CITY SEAL) rt Address: 667 N. Carroll Avenue At est. 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Ca 00 CA 0 .• 0.. 0 0 0 a) ^ • 0 0 0 0 IA .w The Allen /Buie Partnership EgErn AUG 2 0 192r PUBLIC WORXS DE August 17, 1990 1 Mr. Mike Barnes, P.E. 111!11 w, Director of Public Works City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Re: Portable Prefabricated Structure Dear Mike, At your request, we contacted Jerry Andrews of Amtex Corporation, the low E_ bidder, on August 6, 1990 and reviewed by telephone specifications for the portable building. At that time, we requested a copy of Amtex general specifications and photographs of buildings similar to the project for Southlake City Hall. This submittal was received on August 13, 1990. `o Based on our conversation with Mr. Andrews and review of the submittal the following comments are made. Generally, the proposed Amtex building meets the specifications with the following exceptions and /or questions: 1. Details and description of roof seam flashing as proposed by Amtex will be submitted for approval (varies from specifications). 2. Fire -rated gypsum board at ceiling construction is not proposed. This is acceptable unless required by City of Southlake building code. 3. The new wall adjacent to the existing building has one hour fire rating. One hour rating of openings in this wall was not included by Amtex. b 4. Exterior siding is a substitution and should be reviewed for approval. 5. Amtex advised that overhead electrical service to the building was considered in the bid and that EMT conduit is not required in accord with codes for portable building construction. Bid Documents call for conduit and for underground service entering the building under the floor. op We also requested that Mr. Andrews submit a proposed contract and lease agreement to your office. After your review, please advise if you have .. any questions. Sincerely, rt . Allen, FAIA REA/ja Enclosure "" cc: Mr. Jerry Andrews, Amtex Corp. Architects Planners ncorperated '000 Pegues Place Longview, Texas 75601 214 753 -5502 vi ovu nar.c, I nAcc 0.w A M E M O R A N D U M August 23, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Portable Building Schedule - F.Y.I. �r +w 4 For your information there are several processes that the Staff will have to go through to complete the portable building installation. Below is an outline of those r processes: I. City Council (CC), Planning & Zoning Commission (P &Z), and Zoning Board of Adjustments (ZBA) Request Function Date Request - P &Z Sept. 6, 1990 Specific use request for portable buildings. 4 ZBA Sept. 10, 1990 Buffer yard variance. CC Sept. 18, 1990 Specific use request for portable buildings and variance for masonary construction. 4 II. Portable Building Acquisition A. Award (received bids on 8/2/90) contract for A building on September 4, 1990. B. Foundation construction will start first two weeks in October. 4 C. Building set and complete after parking lot complete approximately the week of November 5. III. Site Work Construction (Parking Lot) Advertise for bids September 2 & 9, 1990 Receive bids September 27, 1990 4 Award Contract October 2, 1990 Start Site Work Const. October 15, 1990 Complete Site Work Const. October 26- November 2, 1990 Install Portable Building November 5 -9, 1990 4 A 4 City of Southlake, Texas Page 2 6 These dates are my estimates based on my construction experience. I think they are close but will be able to give definite dates after the site work has been bid. If you have any questions, please contact me. mm MHB /lc cc: Renee Wheeler, Finance Dept. r City of Southlake, Texas • /_ M E M O R A N D U M August 29, 1990 TO: Curtis E. Hawk, City Manager s FROM: Michael H. Barnes, Director of Public Works 4 SUBJECT: City Hall Expansion Bids A 4 On August 2, 1990 bids for the purchase and installation of a portable building for expansion to City Hall were opened and read aloud. Attached is the bid tabulation comparing the actual purchase cost versus a 24 month lease and three additional alternatives. 4 The three additional alternatives are defined below: Alternate #1: Furnish and install vinyl- covered 1/2" thick gypsum board at all interior partitions, including interior face of exterior walls, in lieu of 1/4" vinyl covered paneling. 4 This alternate was added for better sound - proofing and aesthetics. Alternate #2: Furnish and install a 57 oz. carpet in lieu of 24 oz. carpet. This alternate was added to give a longer life to the flooring and a more pleasant atmosphere. Alternate #3: Furnish and install 3/4" thick 4 sturd -i -floor decking in lieu of 5/8" thick decking. A This alternate was added to give better stability to the floor and a longer floor life. 4 A Council member Hall, Mayor Protem Springer and myself visited the plant site of the apparent low bidder, Amtex 4 Corp., on Friday, August 17, 1990. We were given a tour of the plant and witnessed the actual formation of how the portable buildings are put together. The Architect, Alien & Buie Partnership, has talked with Amtex and myself and have determined that Amtex generally conforms to the bid specifications (see attached letter from Allen /Buie). The five items listed in Mr. Allen's letter have been discussed with Amtex and all items have been resolved. ,� I Page 2 Amtex has informed the City that if the City awards the contract on September 4, 1990, they will be able to deliver the building sometime in mid - October. Staff is currently drawing up bid specifications for the site work and anticipates having construction complete in late October and having the portable building completed and installed by the first week in November (see attached Portable Building Schedule). Funds for the project are anticipated to be available on September 25, 1990, according to the City's financial advisor, First Southwest Company. The proposed budget for the building, set -up, and air conditioning is $75,000 and the site work is $30,000. Therefore, it is the Staff's recommendation that the contract for the purchase and installation of a portable building for City Hall be awarded to Amtex Corporation and that the three alternates be included in the award for a total contract price of $70,657.48. a fr.".^ Please place this on the Council's next agenda for 'fir consideration. If you have any questions or if I can be of further assistance, please contact me. ,. 0 MHB /lc attachments City of Southlake Duthia Mayor. Gary Fickes Mayor Pro Tem: CITY OF SOUTHLAKE, TEXAS Betty Springer CERTIFICATE OF CITY SECRETARY Y Councilmembers: Richard W. Wilhelm ▪ Jerry Farrier STATE OF TEXAS Sally Hall COUNTY OF TARRANT W. Ralph Evans CITY OF SOUTHLAKE • City Manager. Curtis E. Hawk I, the undersigned, Sandra L. LeGrand, City Secre- City Secretary: tary of the City of Southlake, Texas, a municipal corpo- • Sandra L LeGrand ration, in the performance of the functions of my of- fice, hereby certify that the attached, page 13 from the Developers Agreement of SouthRidge Lakes, Phase I, dated 9/28/89 is a full, true, and correct copy of the document as the same appears of record in my office. WITNESS MY HAND AND SEAL OF OFFICE at my office in Southlake, Texas, this the 31st day of August , 19 90. 9 Atilt I /_44V 'andra L. LeGrand � ��.0 1% N LA F., City Secretary ` S O City of Southlake � ty f • • • ' /, n an * ►*a ``�� 4 " 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481 -5581 • FAX (817) 481 -0036 the off -site sanitary sewer approach main to be constructed by the Developer under the terms and conditions of this Agreement. The City of Southlake b . has previously advised the Developer that it will use its best efforts to ensure the availability of sanitary sewer collection and treatment systems to support the SouthRidge Community Development on or before any Certificates of Occupancy are to be issued for structures to be constructed within this development. The City has agreed that it will use every effort to ensure that the Big Bear interceptor is constructed by the Trinity River Authority as soon as possible. In the event that the Big Bear interceptor will not be in place prior to the completion of construction of infrastructure contemplated by this Agreement within the SouthRidge Addition the City of Southlake will make good faith efforts to enter into an interlocal agreement with the City of Colleyville to discharge sanitary sewer waste into the existing Colleyville lines or systems until such time as connection to the TRA Big Bear interceptor is possible. In the event that either of the prior alternatives is not available at the time that initial Certificates of Occupancy are requested the City will use it's best efforts to ensure that a package sewer treatment plant is made available to handle waste from the Southridge Community Addition. In the event that none of the preceding three alternatives is available the City will use its best efforts to ensure that a specific plan is prepared and implemented whereby sewage will be pumped from manholes in the addition until such time as the TRA Big Bear interceptor is completed. If such pumpage is required then Developer agrees to erect, at his expense, a sewage holding tank with enough capacity to accommodate sewage from all the structures requiring Certificates of Occupancy. Such erection and pumpage shall be in accordance with all rules and regulations required by the Texas Water Commission. Developer agrees to pump and transport, at his expense, the sewage from the holding tank through March 30, 1990. The City agrees to pay for all treatment of the sewage pumped and transported by the Developer during this period. The City agrees to pay for all pumping, transportation and treatment of sewage after March 30, 1990 until a permanent sewage system is in place. This final alternative is contingent upon approval of such storage and pumping by the Texas - 13 - r MONTHLY DEPARTMENT REPORTS AUGUST 1990 Building 4 -1 Zoning 4 -4 Police 4-5 Fire 4 -8 Municipal Court 4-12 Street 4 -15 Utility 4 -18 Parks & Recreation 4 -21 Finance 4 -22 x •+ � �p � p M p . E4 r4 �NN�N O �N� �� CO N .O-I rl N M rA w • M `l0 " Fl83 , p NN88 83 888c rii$ 0 g M N cM N 1•,•i Fi q N N rl r-1 D4 w E . I a .4 w pp NN �� 77 p 41 E 44 E A c9NN t g NM O . ;- ir4 88 E3 0 M O-1 0 N ri ti sM C E a • .. • ° 1 w i• " 0 A g'(DOeM4N110 OOOOr10 d:00 O 0 N 0 r1 'i co rl N rl �M M N r rl e)t M CD N r - r . H 0 E 6 .Yi 2 a o H z P E W 41 ft M 1AriO�r1cr VD00L�Od 1qN CD r4 rl O O O N k co E4 r4 U a a via . W O " a L�, a Y E4 12 . 10 88 VD M01A0VD 4gV1 ON0 Ill 01 000 O O O O • ;., r/2 14 M E OONd 00 , 8 8 8 .8 88 000 01 'TM OOi M .-1 O O g • • .21 r-i A fl 64 CO ro i I E ' E"1 U 1 Q V) iz4 E P4 02 0 ' , 40 0 0 low/ Ii 0. 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Gd CI Et O�N M00 0 N�h N N N >r p M O x Ha if u 44 Z 8888888 88 3888 8p N 8 88 8 8 8 8 a O C24 0 X O :B D+ U )t NNCNp 8282 A N 5 8 '� O ,+ E ka M `"� Ei F4 N p • w o .. a w C4 ii E, p= 8 aic°�8F -988 288888 88 88 8 8 8 8 g cn .Al N CD ri 4-I M C7 LC; A M ■ .e r p ° wa 28 `8'8 r4 ?-32 3888 88 88 SI c8Q 8 8 8 M wmt 0000M CO Ntr ri fl V C r1 M ri CY) N N N Pl • ri"� 6 MM i 0 p b+ U 6 z E Iii-1 �j M O E Czi co w +' E W M I x IRO Pi p E 441, H LL W zW a E' O rVi ~ 9 V] CA VI V M d' F1 rn CO a • <1� 2088888 N 8 7 " Q NU w a iu i � • �� A p V I �iM a Oti 00 8 p N 1 w N o 4 0) No ,-1 IS M N M t- t0 n 0 0 M N ti r ,s44 M N rl N VI W O tri ri N It, 414.1 8 • 828888 8 8 8 .9 "` � N� ( V �7 � �I ( L p 7 d N 00 O O �7 lb ~g~ rl ii510c 0 N � E k+ V, CID M rii O N 1-1 N 88 b §§ pppppppp pp 8 8 0,-1 f .1gg N 088888 8 8 8 w • 41 E M N�ppNti 8 16 Q co N tO I 1 11 Op C0 0 Ifs 5 N O N VI � I<7 r [ i VI O 4 p h d' R' N t0 N. - IV�N t` b W 8 828288 8 8 N li, .4 W O ,40 O 8 mo d' rriO 6 O 00 cv . . p FnA O tDNN0�0�00 + N N U DI 1-1 N O N N O N a ri - . 14 0 as 1 W r Ox0 H a IIIP z c g o 8 088888 8 8 8 r< t) o M a N 0 ILI stn 0 4 0" 88 N m om ° t Mr WCO N ►i .4< O O M O S N I w I'+ = N • to .a t0 U a a a >w a . 8 c 888 Q 888 8 8 8 64 0 ;1'; 2'S 0 ti ° V' �1 N 0 01 r d' `" r - iw 2H 8888888 8 8 8 H0 Q • N HS • rn Ul " 2g "glA 0 P A N 0 $ P . rl c.i MX die w o 0 �,0 A � : 6u) t-i U3 06 i 8 E'c i 6 N..90d0d la v .„ N + . P . ' ir--4' ...0, co g 14 _. .4 11 R Q.R vr2 65 ,., 0 PA i Z 8 .>4' rn a N NW 4 ZONING DEPARTMENT FEE REVENUE For the Month Ending 31 August 1990 Zoning $ 0.00 No. of Cases 0 Platting 2070.00 No. of Cases (1) Board of Adjustment 150.00 (Includes Appeal, Special Exception 4 Use, and Variance Requests) No. of Cases (1) Specific Use Permit 0.00 ' No. of Cases 0 Site Plans 150.00 4 No. of Cases (1) Misc. Income 194.15 4 (Includes Maps and Ordinance Copies) No. of Receipts (16) 4 4 Total Revenue $2564.15 Total No. of Receipts (21) • 4 - 4 4 qq SOUTHLAKE POLICE DEPARTMENT ^�� w PATROL DIVISION SUMMARY AUGUST 1990 ° CALLS FOR SERVICE 669 CITATIONS 747 PATROL 377 S.T.E.P. 370 ARRESTS 86 FELONY ll MISD 75 ACCIDENTS 24 1/41,0e MINOR 18 MAJOR 6 ° ^ �� = , ~ INVESTIGATION DIVISION MONTHLY REPORT �� = AUGUST 1990 0 NEW CASES ASSIGNED 53_ CURRENT ACTIVE CASES 60 wx -- CASES CLEARED: O UNFOUNDED 4 __ INACTIVATED/SUSPENDED 26 __ 0 EXCEPTIONALLY CLEARED _ BY ARREST/CITATION 2l 4 WARRANT ACTIVITY: 4 SEARCH WARRANTS OBTAINED 0 4 SEARCH WARRANTS SERVED ARREST WARRANTS OBTAINED ARREST WARRANTS SERVED 4 GENERAL ACTIVITY: MEETINGS ATTENDED 4 SURVEILLANCE TIME (approx) _14hr PUBLIC SPEECHES/PRESENTATIONS __ m CRIME SCENES WORKED 6 4 SEIZURES FILED __ VALUE $ 0 SCHOOL/TRAINING SESSIONS 0 __ 4/4 ° SOUTHLAKE POLICE DEPARTMENT WARRANT OFFICE MONTHLY REPORT AUGUST , 1990 t, MUNICIPAL WARRANTS CURRENT MONTH PAST MONTH YID. WARRANTS ON HAND ' 455 � N/A 491 725 /A Beginning Count 93 142 .;71 Received 61 56 1 452 Purged 0 Served 491 N/A Purged 572 u Ending Count ' FINES COLLECTED E,, 568 60,022 u .,, 626 229 By Warrant Officer 660 2,573 20, Agency 9, 141 80, 25 Total Other A9 6, 286 Total r ARREST /WARRANTS SERVED 43 u 38 409 18 By Warrant Officer 18 162 By Other Agency 56 571 61 Total F k 1/- 7 4 4 4 4 ,,p044, CITY OP SCUTHLAKE 4 *MOO FIRE DEPARTMENT MONTHLY REPORTS MANACER OuRTIS HAWK FOR THE MONTH OF AUGUST 1990 RESPONSES THIS 'T'EAR 4 MONTH TC DATE STRLOTRE FIRES: HOBE 0 6 , 1OBILE HOME 0 1 OFFICE BUILDING 0 0 4 RETAIL - REBTAuRANT 0 1 . FACTORY - INDUSTY 0 .-, 4_, 4 3RAEL FIRES 0 El 4EHIO_E FIRES -; - 44, 4 mO7OF 4EHILLE ACCIDENTS I1 E5 . _, NATL,RAL 3AS 'LEAK -) :0 f 4 • *** A 4140i, ::::._ i • LL -, 4, 4 - L -- .-_,AL AID FOR aRAP'LvINE , 6 . , FOR COLLEYvI*LLE 0 . 4 n.., AID FOR KELLER 1 11 MLTJA_ AID FOR TROPHY CLUB 4 4 F:RE CALLS IN wESTLAKE 0 10 4 EmS CALLS :N WESTLAKE .„ 12 L sE .. I; .4ESTLAKE - _) 6 F:RE CALLS IN TARRANT COUNTY 0 EMS CALLS IN TARRANT COUNTY 0 0 FALSE ALARMS :N TARRANT COUNTY 0 4, 0 , A FIRE CAL.__S iN DENTON COUNTY 0 0 EMS CALLS IN DENTON COUNTY 0 0 4 : NAgiktor FALSE ALARMS IN DENTON COUNTY 0 0 9c-ir FIRE DEPAR T r'1ENT THIS YEAR MONTHLY REPORT MONTH TO DATE PAGE AMBULANCE CALLS IN C i T r' 34 226 FIRE uN 1 T ASSIST ON AMBULANCE CALLS I N CITY 11 81 FALSE i LAkMS I N CITY (FIRE CALLS) 08 54 MI 5L:E_LANECLE CALLS I N C I T Y (SEE ATTACHMENT) 5 55 TOTAL AMBULANCE CALLS 35 250 TOTAL FIRE CALLS 45 365 TOTAL EMERGENCY CALLS 80 615 TOTAL FIRE LOSS iN CITY $011,000 $582,475 TOTAL FIE _OSs $0000 $0300 MAN r4OURE EXPE:NDE. ON EMERGENCY CADS 374 1849 MEETINGS (4 PER MONTH) averac_e men (12) 144 1128 T RA I N I NL 000 20.E Stool TOTAL MAN HOURS EXPENDED 518 3180 =� NAR .S: EME L_` TO IBM wESTLAAE = 0 __ Ci;,LLa • O I BP: wES 1 LAKE = 3 F:IRE :CALLS T. i B:' SOLTriLi E = 1 nE TO IBM 53uTHLAr:E = 1 RESPE_ ' -:JLLY 1�! ) • R.P. S T EELE , F I R E CHIEF DATE: 09 -1E -9 (:: letwl a FIRE DEPARTMENT 4 ;'MONTHLY REPORT PAGE 3 4 mISCELLANECUS CALL AUGUST :990 4 RUN R 4 900325 DOWN POWER LINE AT 1616 E. CONTINENTAL. 900333 ASSIST PUBLIC WORKS AT 800 RANDOL MILL. 4 900334 DOWN POWER LINE AT 1755 W. DOVE. 900355 DOWN POWER LINE AT 1000 S. PEYTONVILLE. 4 7 JO036 PROPANE TANK F I R E AT 1334 wOCDBROCK. 4 i 4 4 A 4 4 . A y -/0 SOUTHLAKE FIRE DEPARTMENT AMBULANCE SERVICE CALLS AUGUST 1990 BAYLOR MEDICAL CENTER GRAPEVINE 10 NEB BEDFORD 1 NORTH HILLS 2 N.E. COMMUNITY 1 HARRIS METHODIST FT WORTH 1 NG TRANSPORT 14 FALSE ALARMS 06 TOTAL AmBULANCE CALLS FOR AUGUST 1990 35 • • • • Now 0 " 4 -4 tale a a 4 4 MUNICIPAL COURT ACTIVITY REPORT a AUGUST 1990 4 TO : CURT I S HAWK, CITY MANAGER FROM: MUNICIPAL L COURT 4 • 4 it I 4 4 ■ 4 940 Ago MUNICIPAL COURT MTHLY REPORT CF AUGUST 1990 MONTH OF AUGUST 1989 *Cases Set For Trail 136 108 C *Cases Heard 78 61 Cases Dismissed 15 6 Cases Reset 26 • 11 Cases Appealed 91 92 rrr Past Due Letters 100 59 Cases Refered to DSC 73 42 Citations Issued 741 432 Citations Paid 392 190 *Fines Collected From Court $ 2,517.00 $ 1,687.00 Total Revenue $23,119.00 $19,345.97 * 2 Plea Courts a Month * 2 Trial Courts a Month * Total Money Collected in Four (4) Courts �j 3 n SOUTHLAKE POLICE DEPARTMENT • e WARRANT OFFICE MONTHLY REPORT AUGUST , 1990 4 A 4 MUNICIPAL WARRANTS CURRENT MONTH PAST MONTH YTD 4 WARRANTS ON HAND Beginning Count 491 455 N/A Received 142 93 725 4 Served 61 56 571 ' Purged 0 1 452 Ending Count 572 491 N/A 4 FINES COLLECTED By Warrant Officer 5,626 6 60 By Other Agency 660 2,573 20,229 *' Total 6,286 9,141 80,251 4 ARREST /WARRANTS SERVED • 4 By Warrant Officer 43 38 409 By Other Agency 18 18 162 Total 61 56 571 4 • 4 % 4 4 ftftiw 4 4+141.1 City of Southlake, Texas M E M O R A N D U M September 13, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works 1 SUBJECT: Street Department Monthly Report - August 1990 The enclosed report details the Street Department activities for the month of August 1990. This report is to be included in the City Council packets for their September 18, 1990 meeting. r M/415 1 MHB /ew i k rt 9 y-/( C:z■ of Southlake, Texas 4 M E M O R A N D U M September 12, 1990 4 TO: Michael H. Barnes 4 FROM: Ron Morain SUBJECT: Monthly Street Department Report for August 1990. 4 ,, The Street Department continued pothole patching and R.O.W. mowing per schedule during the month. In addition we blade layed 800 tons of cold mix asphalt on severly damaged streets to repair pothole and replace 4 shoulders. Road marking reflectors mounted on steel post along Carroll Avenue and at culverts were removed and replaced by flexable markers to improve safety for the public. A Street name signs and regulatory signs were replaced as required using 4 54 sign posts, 15 warning signs, 8 stop signs, 10 speed limit signs and 34 street sign blades. Routine maintenance was performed as required. 4 .. A 1 cbk 4 4 en 4 4 y i A i A f V `-l6 UTILITY DEPARTMENT REPORT MONTH AUGUST, 1990 GALLONS PUMPED THIS MONTH FROM WELLS 0 PURCHASED FROM FORT WORTH 53,794,000 TOTAL PUMPED AND PURCHASED 53,794,000 NEW WATER TAPS INSTALLED 10 FIRE HYDRANTS INSTALLED NONE METER CHANGE OUTS 3 ADDRESSES: 1347 WOODBROOK, 722 S. KIMBALL, 2054 N. KIMBALL PULLED METERS PER CUSTOMER REQUEST 0 PULLED METERS PER DELINQUENT PAYMENT 12 LOCKED METERS PER CUSTOMER REQUEST 16 LOCKED METERS PER DELINQUENT PAYMENT 9 PROCESSED WORK ORDERS 146 LEAKS: WATER MAIN BREAK REPAIRS HIGHLAND STREET / RANDOL MILL/ HUNTER'S CREEK SEWER LINE REPAIRS NONE e E FLUSHED WATER LINES HIGHLAND/ S. KIMBALL /N. KIMBALL N. WHITE CHAPEL/ 1 DIRECTOR OF PUBLIC WORKS 44? City of Southlake, Texas Ain r M E M O R A N D U M September 13, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Utility Department Monthly Report - September 1990 d a Attached is the Utility Department Monthly Report for September 1990. The report submitted is to be included in the City Council's packets for the September 18, 1990 meeting. a If there are any questions, please contact me. M 4 MHB /ew A A 4 4 4 4 r 4 4 g C:ty of Southlake, Texas MEMORANDUM September 12, 1990 4 1110, , m1/4 TO: Michael H. Barnes �. FROM: Ron Morain SUBJECT: Monthly Water Department Report for August 1990. a The Water Department continued to assist the Street Department on all projects. In addition we repaired three water breaks, flushed dead end lines, made ten water taps and cleaned all sewer and water sites. David Turnbow spent four days with the Trinity River Authority operating their sewer plant in Roanoke in preparation for our new budget year when he will be operating our City owned plants. He has assisted our contract operator on a daily basis throughout the month to be better prepared to run our plants. Routine maintenance was performed as required on all vehicles and equipment. 49)...)\-/ RM /cbk sp, MONTHLY REPORT SEND REPORT TO: TEXAS DEPARTMENT OF HEALTH IN DIVISION OF WATER HYGIENE WATER WORKS OPERATION FOR 1100 WEST 49th STREET GROUND WATER SUPPLIES AUSTIN. TEXAS 78756 -3192 Tame of System CITY OF SOUTHLAKE County TARR ANT 4 - (1a) Water System I.D. No. 2200075 Month of . AT1C;IT.ST 19 Qfl Day Pumpage to Distribution System in Thousand Gals. (6) (7) (8) (9) 4 of (2) Direct (3) From Gnd. (4) Purchased (5) Total Disinfection Corrosion Other Fluoride - Month from Wells Storage from Others Pumpage Control Treatment Residuals " 1 0 1,143.0, 1,143.0 s 2 0 1,254.0 1,254.0, 3 0 872.0, R77_0 . 4 0 511.0 511.0 a 5 0 - 68.0 , 683 n • 6 0 789.0 784.0 7 0 743.0 743.0 8 0 1.014.0 1,014_ n, - 9 0 1,465.0 1.465.0 10 0 - 1.607.0 1.602.0 . 11 0 - 2.147.0 2.147.0 - 12 0 1,531.0 1,531.0 . 13 0 _J.743.0 1.743 n 14 0 ,030.0 2.030.0 15 0 1.730.0 1.730.0 " 16 0 2,342.0 2.342.0 17 0 2,127.0 2.127.0 4 q 18 0 2,127.0 2,127.0 19 _ 0 2,128.0 7, 178.0 . — -- — 20 0 7 , Sn 3 n SAMPLE` NEGATIVE 4 21 0 2.498.0 22 0 _ 2.33.0 2,383.0 . ' 23 0 1.829.0 1.829.0 e 24 0 _ 1,1Sq_0 i 25 0 1.758.0 "' 26 0 7, 33 4 n 4 27 0 2.391.0 2.391.0 . 28 0 1,931.0 1,931.0 29 n 2,525.0 2,525.0 30 0 2.173 n 2.123.0 31 0 2.379.0 2,379.0 s Total 0 53,794.0 53.794.0 Avg. 0 , 1 , 735 7 • Mex. 0 2,525.0 IMin. 0 _ 511.0 511.0 _ - 4 No. of Active Water Services (10) 2,149 Chemical Analysis (11) 11 8 3 Dates and Results of Distribution Bacteriological Analyses (12) 8-20 -90 7 SAMPTFS - NF(;ATTVF II 4 Dates and Results of Raw Unchlorinated Well Water Samples (13) NfNF Reservoirs or Tanks Cleaned (14) 8-87 Dead Ends Flushed (15), N. WHTTF C'HAPFT ./ HIGHLAND General Remarks (16) S . KIMBALL • N. KIMBALL Submitted By (17) / % i" Certificate No. (18) 450-31-2306 FORM NO. H -3 All reports due b the 15th of the following month. 5/88 . Q1W) J 4 V C1' V) 00 000 00 O wu_ 00 000 00 O Y O O O J tC) LC) .-r F 4 rr w " 4 0 —J F— J 4 . C.) G' N LLJ } Li 0 O 000 �� 0 J 0 . • In 2 0 • L 1- F- r-i w CI: >- F- 00 000 00 O F- 0 N 4 O Of LAJ } 0 0 00 O CD 0 1..4 C C 7 c, ) C9 Z F=-FO- d O W t-4 214 1- 4 4 J.-- ...J W C_' 1- V e` Cr) S O W W Ca 1 - CY t. N Q_' CI: 1-1 2: ` Q 0 } hi g} 0 00 00 O O 42 J C/2 CD 00 000 00 O b 1- C f N - Y 0 •2 N J 1 0-4 E U 4 Cl- o NZ 0O 000 O0 CD CD CD CD O J c0: CD f C� �O �z 00 800 00 0 • 1- 1�-1 0 CO • CO s Z O ►..4 . - iN C F 4 Z Of O 4 —4 CI. 1 CI O C W Z cc W W W G. CD N 4 N W ti t■ CZ N 4 CO W ► - 1 J J J W F W J CD C'3 Z S J J J W C.) 2: J 4 O LUJ W CD 4 4 4 t Z W 4 1--- CD Of Of ► m CO en Lt. 0 O J J C.) 1- µ Report Date: 09/05/90 Page 1 Report Nmbr: OFF0300 +r OFFENSES BY OFFENSE DESCRIPTION FROM 08/01/90 TO 08/31/90 l Offense Officer Property • Date Number Detective Stolen POE MOE Status 9w Offenses for ABANDONED VEHICLE 08/24/90 900775 143 / 0 0 A o 08/02/90 900713 141 / 140 0 0 C 08/18/90 900781 146 / 140 0 0 A .Offenses for ARSON 08/12/90 900749 146 / FD 0 0 A Offenses for ASSAULT BY THREAT 08/29/90 900820 141 / 0 0 A ' "Offenses for ASSIST OTHER AGENCY m g 08/24/90 900805 114 / 0 0 S 08/21/90 900790 140 / 140 0 0 A „ Offenses for ATTEMPTED BURGLARY 08/11/90 900741 132 / 133 1 51 CA Offenses for BURGLARY (R) 4 08/22/90 900794 132 / D 15 90 S 08/27/90 900815 143 / 140 3 65 A • 08/13/90 900751 127 / 133 6K8 2 55 A X 08/31/90 900829 114 / 140 FKA 2 67 A „Offenses for CHILD ABUSE 08/02/90 900771 140 / 140 0 0 A 4 Offenses for CINS 08/26/90 900812 119 / 0 0 CJ " Offenses for CRIMINAL MISCHIEF 08/01/90 900702 134 / 140 0 0 A • 08/01/90 900705 108 / 140 0 0 A 08/02/90 900706 141 / 0 0 A 08/02/90 900711 127 / 140 0 0 A 08/15/90 900762 108 / 133 0 0 A • 08/03/90 900714 134 / 140 0 0 A 08/04/90 900719 137 / 140 0 0 A ' 08/06/90 900725 137 / 140 0 0 A • 08/07/90 900729 108 / 133 0 0 A 08/16/90 900764 114 / 133 0 0 A • 08/17/90 900773 139 / 133 0 0 CA 08/18/90 900780 108 / 133 0 0 A • 08/19/90 900783 141 / 133 0 0 A 08/20/90 900784 141 / 140 0 0 A 4 4 Report Date: 09/05/90 Page 2 Report Nmbr: OFF0300 OFFENSES BY OFFENSE DESCRIPTION FROM 08/01/90 TO 08/31/90 Offense Offense Officer Property Date Number Detective Stolen POE MOE Status Offenses for CRIMINAL MISCHIEF 08/20/90 900786 119 / 140 0 0 A 08/20/90 900787 119 / 140 0 0 A 08/24/90 900801 144 / 140 0 0 A 08/25/90 900808 141 / 140 0 0 A Offenses for CRIMINAL TRESPASS 08/08/90 900733 108 / 133 0 0 A 08/09/90 900736 127 / 140 0 0 CA 08/08/90 900734 108 / 133 0 0 A Offenses for CRUELTY TO ANIMALS 08/18/90 900778 141 / 133 0 0 A Offenses for DISORDERLY CONDUCT 08/16/90 900767 145 / 0 0 CA ► Offenses for DOG BITE 08/14/90 900753 134 / 133 0 0 A Of uses for DOMESTIC DISTURBANCE 8/27/90 900817 114 / 140 0 0 A 08/29/90 900821 108 / 0 0 C Offenses for DWI 08/04/90 900722 146 / 0 0 CA k 08/12/90 900748 111 / 0 0 CA 08/23/90 900799 134 / 133 0 0 CA 08/25/90 900807 146 / 133 0 0 CA 08/26/90 900810 146 / 133 0 0 CA 08/31/90 900828 111 / 133 0 0 CA Offenses for DWLS 08/25/90 900806 119 / 0 0 CA Offenses for FAILURE TO ID TO POLICE 08/08/90 900731 141 / 0 0 CA Offenses for FOUND PROPERTY 08/12/90 900747 111 / 140 0 0 A 08/18/90 900777 141 / 140 0 0 A 08/24/90 900803 114 / 140 0 0 A Offenses for HARASSMENT 08/05/90 900724 146 / 0 0 A Report Date: 09/05/90 Page 3 Report Nebr: OFF0300 `r OFFENSES BY OFFENSE DESCRIPTION FROM 08/01/90 TO 08/31/90 "✓Offense Offense Officer Property " Date Number Detective Stolen POE MOE Status 4 ,""Offenses for HARASSMENT 08/15/90 900759 114 / 140 0 0 A As Offenses for IMPOUNDED LOOSE LIVESTOCK OR 08/06/90 900727 114 / 0 0 C 4 Offenses for LEAVING SCENE OF ACCIDENT 08/24/90 900800 141 / 140 0 0 A ' Offenses for MISSING PERSON 08/21/90 900789 108 / 0 0 C s Offenses for PI 08/16/90 900765 114 / 0 0 CA " 08/21/90 900792 119 / 0 0 CA 4 0 08/22/90 900793 143 / 0 0 CA 08/24/90 900802 111 / 0 0 CA Offenses for POSS AMPHETAMINE 08/31/90 900830 111 / 140 0 0 CA 1 ises for POSS DRUG PARAPHERNALIA 4 08/20/90 900785 146 / 0 0 CA ""Offenses for POSS MARIJUANA • 08/17/90 900769 144 / 0 0 CA „Offenses for SIMPLE ASSAULT 08/03/90 900716 146 / 140 0 0 CA ✓ 08/11/90 900743 500 / 140 0 0 CA "Offenses for THEFT 20/200 4 08/01/90 900703 134 / 140 K 0 0 A 08/02/90 900709 134 / 140 K 0 0 CA 08/03/90 900718 505 / 133 K 0 0 CA 08/09/90 900735 141 / 133 I 0 0 A • 08/15/90 900763 108 / 140 K 0 0 A 08/18/90 900779 139 / 140 K 0 0 CA 08/31/90 900832 500 / 140 I 0 0 A Offenses for THEFT 200/750 "" 08/02/90 900708 134 / 140 K 0 0 CA 41 08/03/90 900715 146 / 140 K 0 0 A 08/09/90 900737 108 / 133 K 0 0 A 08/12/90 900746 141 / 140 C 0 0 A 4 • Report Date: 09/05/90 Page 4 Report Nmbr: OFF0300 OFFENSES BY OFFENSE DESCRIPTION FROM 08/01/90 TO 08/31/90 k ffense Offense Officer Property Date Number Detective Stolen POE MOE Status i ' Offenses for THEFT 750/20,000 ,, 08/27/90 900816 143 / 140 K 0 0 A Offenses for THEFT U /20 08/06/90 900726 137 / K 0 0 A 08/15/90 900758 134 / 133 I 0 0 A m► 08/15/90 900760 134 / 140 I 0 0 U 08/17/90 900776 132 / I 0 0 A • 08/30/90 900826 141 / I 0 0 CA at 08/31/90 900831 141 / 140 K 0 0 A Offenses for TRF VIOLATION 08/02/90 900710 134 / 0 0 CA 111 08/03/90 900717 139 / 0 0 CA 08/04/90 900720 139 / 0 0 CA 08/10/90 900739 108 / 0 0 CA ma 08/14/90 900755 108 / 0 0 CA 08/15/90 900757 143 / 0 0 CA 08/21/90 900791 139 / 0 0 CA 08/22/90 900795 139 / 0 0 CA ,, 08/26/90 900811 108 / 0 0 CA ,.?8/23/90 900798 134 / 0 0 CA 08/29/90 900819 139 / 0 0 CA 08/30/90 900824 139 / 0 0 CA 08/30/90 900825 111 / 0 0 CA . Offenses for TRF WRNT ARREST 08/01/90 900704 139 / 0 0 CA 08/02/90 900707 111 / 0 0 CA 08/04/90 900721 139 / 0 0 CA l 08/04/90 900723 500 / 0 0 CA 08/06/90 900728 127 / 0 0 CA 08/07/90 900730 127 / 0 0 CA r 08/11/90 900742 134 / 0 0 CA 08/11/90 900744 143 / 0 0 CA 08/12/90 900745 132 / 0 0 CA la 08/13/90 900752 119 / 0 0 CA 08/14/90 900754 108 / 0 0 CA 08/15/90 900756 132 / 0 0 CA 08/15/90 900761 145 / 0 0 CA 08/16/90 900766 145 / 0 0 CA 08/17/90 900770 145 / 0 0 CA 08/17/90 900772 139 / 0 0 CA w 08/23/90 900797 145 / 0 0 CA 08/24/90 900804 114 / 0 0 CA .. a, .a .,,.Report Date: 09/05/90 Page 5 Report Nmbr: OFF0300 mm OFFENSES BY OFFENSE DESCRIPTION FROM 08/01/90 TO 08/31/90 'i 'offense Offense Officer Property • Date Number Detective Stolen POE MOE Status ,n. Offenses for TRF WRNT ARREST 08/26/90 900809 146 / 0 0 CA a 08/08/90 900732 145 / 0 0 CA 08/26/90 900813 108 / 0 0 CA " 08/28/90 900818 145 / 0 0 CA 08/30/90 900822 119 / 0 0 CA 08/30/90 900823 132 / 0 0 CA • 08/30/90 900827 108 / 0 0 CA 'r Offenses for UUMV 08/02/90 900712 114 / 133 0 0 CA mi Offenses for WARRANT ARREST 08/09/90 900738 146 / 0 0 CA *� 08/10/90 900740 146 / 0 0 CA 08/13/90 900750 143 / 0 0 CA 08/16/90 900768 127 / 0 0 CA • 08/17/90 900774 108 / 0 0 CA 08/19/90 900782 143 / 0 0 CA 41 08/21/90 900788 134 / 0 0 CA „08/23/90 900796 139 / 0 0 CA )8/27/90 900814 108 / 0 0 CA mm Total Offenses Printed: 131 4 Arrests 88 Accidents 23 • Citations 731 :.r di di � SOUTHLAKE POLICE DEPARTMENT �~ ft INTER -OFFICE MEMO ��. _ DATE: September 17, 1990 ft TO: Chief Campbell FROM: Daisy Mae Neathery * REF: Addition to City Council Report The following is the additional statistics to be added to the monthly Council report: °*Ne Alarm calls for August, 1990 - 78 a �~~ a ' � +�~ SOUTHLAKE POLICE DEPARTMENT _ 4 CITATION SUMMARY 4 September 10, 1990 THROUGH September 16, 1990 u NUMBER OF CITATIONS ISSUED 69 ~ VIOLATIONS W/CITY ADDRESS 8 4 VIOLATIONS W/ADDRESS OF OTHER 61 , 4 CITATIONS ISSUED TO MALES 69 ~ CITATIONS ISSUED TO FEMALES 0 4 RACE OF VIOLATORS ~ WHITE 66 BLACK 0 4 HISPANIC 2 OTHER 1 .� AGE OF VIOLATORS ° w 16-18 4 36-40 6 A 19-25 25 41-45 6 4 26-30 14 46-50 5 ° 31-35 7 51 & + 2 4 ° A TIMES OF VIOLATIONS 0500-0600 1 1500-1600 1 4 0600-0700 3 1600-1700 2 0700-0800 1 1700-1800 5 0800-0900 6 1800-1900 1 4 0900-1000 7 1900-2000 3 1000-1100 2 2000-2100 3 1100-1200 4 2100-2200 0 `' 1200-1300 6 2200-2300 2 1300-1400 0 2300-2400 4 � 1400-1500 0 2400-0500 18 4 = - ^~ * ^�~ SOUTHLAKE POLICE DEPARTMENT MILEAGE AND GASOLINE REPORT FOR AUGUST, 1990 ~ 08/01 08/31 TOTAL MILES TOTAL GALLONS UNIT # MILEAGE MILEAGE DRIVEN 8ASOLINE USED 226 100,530 101,672 1,142 100.2 227 114,421 116,545 2 108.8 229 136,272 137,226 954 60.5 230 81,069 83,531 2,462 152.1 � 231 83,734 87 3 334.3 232 85,259 88 3,714 347.7 233 85,533 85,533 *REMOVED FROM SERVICE 0.0 » ,�= ~ �m� 234 42, 185 46,923 4, 738 427.0 235 39,358 45,543 6,185 529.5 236 1 1,941 179 17.0 237 1,362 1,783 421 30.8 238 725 1,516 791 18.6 239 339 339 0 0.0 250 (VAN) 85,043 85,043 0 0.0 TOTAL MILES DRIVEN 26,108 ° TOTAL GALLONS GASOLINE USED 2,126.5 ~ CITY OF SOUTHLAKE GENERAL FUND a COMPARATIVE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE AUGUST 31, 1990 FY90 FY90 ENCUMBRANCE TOTAL ACTUAL a YTD ACTUAL ANNUAL BUDGET & ENCUMBERED Revenues: Taxes: Property $2,146,984 $2,020,530 4 Sales $331,637 $292,197 Franchise $220,358 $214,117 Licenses and Permits $379,284 $152,130 Charges for Services $15,916 $61,410 Fines $221,661 $259,480 4 Interest $40,259 $28,000 Other $171,829 $163,562 Total Revenues $3,527,928 $3,191,426 $0 $0 4 Expenditures: Current: General Government: City Sec /Mayor /Council $94,969 $125,480 $1,817 $96,786 4 City Manager's Off $76,050 $74,753 $227 $76,277 Support Services $273,628 $359,230 $418 $274,046 Finance $162,146 $159,007 $225 $162,371 Court $102,022 $105,612 $137 $102,159 4 Total Gen. Gov't $708,815 $824,082 $2,824 $711,639 Public Safety: Fire $380,996 $406,114 $3,269 $384,265 4 Police $799,505 $906,478 $18,579 $818,084 Building $163,662 $147,915 $411 $164,073 Total Pub. Safety $1,344,163 $1,460,507 $22,259 $1,366,422 a Public Works: Streets $329,890 $397,325 $7,075 $336,965 Parks $56,882 $66,864 $0 $56,882 Public Works $53,655 $54,080 $40 $53,695 4 Total Public Works $440,427 $518,269 $7,115 $447,542 Total Expenditures $2,493,405 $2,802,858 $32,198 $2,525,603 4 Excess Rev. (Expenditures) $1,034,523 $388,568 Other Financing Sources (Uses): Debt Service Transfers ($138,591) ($157,696) 4 Excess Revenues & Other Financing Sources over Expenditures & Other Financing Uses - Actual $895,932 $230,872 Fund Balance 10/01/89 $169,834 $169,834 Reserve - Personnel Adj # ($116,537) ($61,686) Fund Balance 08/31/90 $949,229 $339,020 & Expected Yr End Bal # Estimated personnel adjustment reserve used not considering 4 any overtime, which not only effects earnings, but all the benefits that are tied to those earnings. 4 A 11 1 • • 1 - 4 -l- 12rr022..r ==== NNIWWWMM22e -rww2 =200,1 •CC,000CWO S 000000 r•-- OOOYOOO0000 „00<CO.O,Or00,0 , -11r -, -0I .C70 <flr7 9wwor,0r rOrC7ar7 O n fl77P70.1/r verve erm 0 - 0 =- ..m.0N007r0r0.97.4.0,003lrOO'-1.-rt A 010 O Ort0 flan 00Z - CS07 --UN m0rt0000. 03I fl0r0 ,07 0 0, C r r rtr7 C 000x1 0 OOOflr.r. =O., r►O< =rtONr,OK1010 C era 7 0 00 7411,x!00 10770S00.00 r• .a0 9 - .4.xx000..4. 3 00 r? rt0rt0 wm 00. rr0,r A7,,= N.9 row O e* `. 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WN NIIwr1N1 r 0 NWOwVAO N NVANON4 0VV ✓wa0w4'N0rwNWOr4114'0VW0 9 co 0 r rrNWWOO 0 0 +VNVAV0WrWw0mON.O0.0Vu00r0V012Vr 7 1- NOrAwV1W N NA 41x.04114' .414'000 0 • xxxxxxx x* x x KKK x x x x x x xx x x x x x x x xx x x x xxxx x x• 1 a a CITY OF SOUTHLAKE CASH ACTIVITY REPORT- GENERAL FUND FOR THE PERIOD ENDED, AUGUST, 1990 r WEEK ENDING DEPOSITS ACCTS PAYROLL DEBT RUNNING PAYABLE SERVICE BALANCE 41 Beginning Balance 54394 August 10, 1990 13927 13253 55465 0 -397 dw August 17, 1990 115425 59831 0 0 55197 August 24, 1990 12335 35559 56133 -24160 r August 31, 1990 45877 6618 0 15099 Average Weekly-Deposit: 46891 (Excluding redeemed CD's) Average Weekly Disbursement: 28815 (Excluding investments) Average Payroll: 55799 Total Certificates of Deposit: 1000000 4 4 r 4 4 A 4 4 CITY OF SOUTHLAKE CASH ANALYSIS SUMMARY FISCAL YEAR 1989 -90 OCT NOV DEC JAN FEB Beginning Cash Balance $104,126 $71,669 92,753 134,499 230,338 Deposits 166,479 313,556 339,510 1,216,484 642,358 Investments (95,000) (550,000) (450,000) Accounts Payable (101,077) (187,811) (121,585) (375,648) (189,458) Payroll (97,859) (101,524) (64,203) (108,977) (109,358) Debt Service 0 (3,137) (16,976) (86,020) Ending Cash Balance $71,669 $92,753 $134,499 $230,338 $123,880 MAR APR MAY JUN JUL Beginning Cash Balance 123,880 113,311 64,874 51,652 60,125 Deposits 148,382 167,458 218,836 163,894 167,259 Investments 200,000 100,000 95,000 630,000 200,000 Payable (500,000) Accounts Pa y (124,014) (195,866) (150,395) (176,838) (257,546) Payroll (110,276) (116,086) (174,185) (108,583) (110,791) Debt Service (124,661) (3,943) (2,478) (4,653) Ending Cash Balance $113,311 $64,874 $51,652 $60,125 $54,394 AUG SEPT 54,394 Beginning Cash Balance Deposits 187,564 Investments Accounts Payable (115,261) Payroll (111,598) Debt Service Ending Cash Balance $15,099 Footnotes: