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HomeMy WebLinkAbout1979-04-17 Joint Meeting Y 7 f' e CITY OF GRAPEVINE, TEXAS AGENDA CITY COUNCIL WORKSHOP SESSION TUESDAY, APRIL 17, 1979 AT 6:00 P.M. CONFERENCE ROOM - 413 MAIN STREET { I. CALL TO ORDER II. WORKSHOP SESSION t City Council to hold a workshop session to review the Trinity River Authority contract. III. MISCELLANEOUS REPORTS &/OR DISCUSSIONS IV. ADJOURNMENT z `s e t IN ACCORDANCE WITH ARTICLE 6252-17, V.A. T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE CITY COUNCIL WORKSHOP SESSION AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1:30 P.M. Ar ON City ecre ry z s t, s 4 } E gp$ P g� R CITY OF GRAPEVINE, TEXAS k 5 AGENDA JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING d TUESDAY, APRIL 17, 1979 AT 7: 30 P.M. COUNCIL CHAMBERS — 413 MAIN STREET 3 x I. CALL TO ORDER { II. INVOCATION: Rev. Albert Warnken Memorial Baptist Church III. PUBLIC HEARINGS e` t A. City Council and Planning & Zoning Commission to hold a public hearing relative to Zoning '. Application Z79-9 submitted by the Texas Pre- School Corporation. B. City Council and Planning & Zoning Commission to hold a public hearing relative to Zoning C' Application Z79-10 submitted by Willard R. Baker Company. k C. City Council and Planning & Zoning Commission s to hold a public hearing relative to Zoning Application Z79-11 submitted by Gordon M. Nettleton. ' D. City Council and Planning & Zoning Commission to reschedule a public hearing relative to Zoning Application Z79-12 submitted by Keith Cecil & Associates. IV. END OF JOINT PUBLIC HEARING t A. City Council to remain in session to consider further published agenda items. B. Planning & Zoning Commission to recess to the Conference Room to discuss further business. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING ° & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1: 30 P.M. r � 3 t (pK F t j; City c to } f 4' CITY OF GRAPEVINE, TEXAS Y AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 17, 1979 AT 8:00 P. M. COUNCIL CHAMBERS - 413 MAIN STREET t= V. CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS VI. CONSIDERATION OF THE MINUTES (April 3rd & 9th, 1979) #' VII. OLD BUSINESS i A. City Council to consider an amendment ordinance relative to the effective date of revised parking requirements in multi-family districts . B. City Council to consider an amendment ordinance pertaining to sign setback requirements . ` C. City Council to consider a resolution relative { to an Indian housing program. VIII. NEW BUSINESS A. City Council to consider entering into a contract with Trinity River Authority. f' B. City Council to consider a resolution requesting the Texas Highway Department to construct traffic lights on West Northwest Highway at its intersections with Park Boulevard and Dove Road. fi C. City Council to consider a resolution accepting County funds in return for providing fire pro- tection to real and personal property outside the City boundaries. D. City Council to consider authorizing payment for the City' s portion of street construction adjacent to City owned property. E. City Council to consider authorizing payment for the City' s portion of oversized water & sewer mains in Boyd Center. IX. ZONING ORDINANCES & PLATS A. City Council to consider the recommendation of the Planning & Zoning Commission and a subsequent ordinance relative to Zoning Application Z79-9 (Pre-School) . B. City Council to consider the recommendation of the Planning & Zoning Commission and a subsequent ordinance relative to Zoning Application Z79-10 (Willard Baker) . r P E a d; t C. City Council to consider the recommendation of the Planning & Zoning Commission and a subsequent ordinance relative to Zoning Application Z79-11 (Nettleton) . x r D. City Council to consider the recommendation of the Planning & Zoning Commission relative to the final plat of The Woods. f: X. ADJOURNMENT x IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1:30 P. M. s i { City Sec tary k t k 5 t y� S i E s y; S t t Se 5�. 5C5 F k f }Gq 4 Sgg 4 i t E F, k CITY OF GRAPEVINE, TEXAS t AGENDA f PLANNING & ZONING COMMISSION MEETING f TUESDAY, APRIL 17, 1979 AT 8:00 P.M. CONFERENCE ROOM - 413 MAIN STREET V. NEW BUSINESS 3 A. Planning & Zoning Commission to consider Zoning Application Z79-9 (Pre-School) and make a recommendation to the City Council. B. Planning & Zoning Commission to consider Zoning Application Z79-10 (Willard Baker) and make a recommendation to the City s i Council. C. Planning & Zoning Commission to consider Zoning Application Z79-11 (Nettleton) and make a recommendation to the City Council. r D. Planning & Zoning Commission to consider the final plat of The Woods and make a recommendation to the City Council. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSIONS VII. ADJOURNMENT f IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. ,AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1:30 P.M. s City ec t y f: y}: k j } Z E } l: >E 3 f' yd) 4' i STATE OF TEXAS COUNTY OF TARRANT X CITY OF GRAPEVINE X The City Council of the City of Grapevine, Texas , met in Workshop Session on this the 17th day of April , 1979 , at 6 :00 P.M. , with the following persons present , to-wit : William D. Tate Mayor David A. Florence Mayor Pro-Tem C. L. "Larry" Oliver Councilman Ted Ware Councilman Doil Dalton Councilman William Shafer Councilman constituting a quorum with Charles Dunn absent , with the following City Staff members in attendance : James L. Hancock City Manager John F. Boyle, Jr. City Attorney Shirley Armstrong City Secretary CALL TO ORDER The meeting was called to order by Mayor Tate. WORKSHOP - TRINITY RIVER AUTHORITY Mayor Tate advised that the sole purpose of the workshop session was to discuss the Trinity River Authority. Mr. Danny Vance, Trinity River Authority Regional Manager and Mr. Elvin Copeland, representing Freese & Nichols , engineering firm, were in attendance during the review. Mr. Vance gave a history of the TRA System and noted that service would be extended to the five cities of Bedford, Euless , North Richland Kills , Colleyville , and Grapevine. He then briefly re- viewed the contents of the contract. Mr. Vance noted that projec- tions cited June , 1981 as the date the system would be providing service to Grapevine. A large map was then reviewed showing the path of the proposed water lines and the areas of Grapevine to be serviced. It was the general concensus of the Council that they were in agree- ment with the contents of the contract. No formal action was taken during the workshop session. ADJOURNMENT There being no further business to come before the Council, Mayor Tate declared the meeting adjourned. PASSED AND APPROVED on this the day of 221&W41979 . ayor ' ATTEST : City ecr ar i STATE OF TEXAS X 04/17/79 { COUNTY OF TARRANT CITY OF GRAPEVINE X F' i 4 t The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas , met in Joint Session on this the 17th day of April, 1979 , at 7 : 30 P .M. with the following members present to-wit : William D. Tate Mayor David A. Florence Mayor Pro-Tem C. L. "Larry" Oliver Councilman L Doil Dalton Councilman William Shafer Councilman Ted Ware Councilman constituting a quorum with Charles Dunn absent , with the following Planning & Zoning Commission members present to-wit : t Harlen Joyce Acting Chairman Robert Sands Member Bob Stewart Member z Jerry Burgess Member constituting a quorum with Dwayne Rogers absent , with the following City Staff Members in attendance : }' James L. Hancock City Manager Bill Eisen Assistant City Manager John F. Boyle , Jr. City Attorney Shirley Armstrong City Secretary CALL TO ORDER F The meeting was called to order by Mayor Tate. INVOCATION The Invocation was delivered by Reverand Albert Warnken, Memorial r Baptist Church. INTRODUCTIONS E City Manager James L. Hancock then introduced and welcomed the new Assistant City Manager, Mr. Bill Eisen. Mayor Tate introduced members of the Planning & Zoning Commission to the audience and explained the procedures of the Joint Meeting. PUBLIC HEARING - ZONING APPLICATION NO. Z79-12 The first order of business was for the City Council and Planning and Zoning Commission to reschedule a Public Hearing relative to Zoning Application No. Z79-12 submitted by Keith Cecil & Associates . r Mayor Tate declared the Public Hearing open. The City Secretary explained that she was in receipt of a letter from the applicants requesting that the Public Hearing be postponed until r May 15 , 1979 . There being no discussion, Member Jerry Burgess made a motion to recess the Public Hearing relative to Zoning Application No . Z79-12 3 until May 15 , 1979. The motion was seconded by Member Robert Sands and prevailed by the following vote : r Ayes : Joyce, Sands , Stewart , and Burgess Nays : None Absent : Rogers f Councilman Ware then made a motion to recess the Council ' s portion of the Public Hearing on Zoning Application No . Z79-12 until May 15 , 1979 . The motion was seconded by Councilman Florence and prevailed } k by the following vote : 04/17/79 Ayes : Tate, Florence, Ware , Oliver , Dalton, and Shafer Nays : None Absent : Dunn PUBLIC HEARING - ZONING APPLICATION NO. Z79-9 The next order of business was for the City Council and Planning and Zoning Commission to hold a Public Hearing relative to Zoning Application No. Z79-9 submitted by the Texas Pre-School Corporation. Mayor Tate declared the Public Hearing open and called upon the City Secretary to -explain the request. She noted that the property in question was located at 210 Starnes Street with a current zoning of "R-1" Single Family Dwelling District. The requested zoning was "C-2" Community Business District . Mrs . Elizabeth St. John, applicant, explained that plans were for a pre-school establishment to accommodate approximately fifty (50) children with a retail speciality shop to include the sale of limited school supplies and arts and crafts items . She added that a circular drive was planned for the front of the facility with a fenced back yard. I Mayor Tate asked if there guests present to speak for or against the application. There were none. The City Secretary reported that the following neighboring property owners had telephoned to express their ' opposition to the application primarily because of additional traffic : Mrs . L. B . Rice, 225 North Starnes ; Mrs . L. H. Warre, 226 North Starnes ; and Mrs . Roy Camp , 216 Starnes . Following a short discussion among members of the Planning and Zoning Commission and City Council, Planning & Zoning Member Bob Stewart made a motion to close their portion of the Public Hearing . The mo- tion was seconded by Member Jerry Burgess and prevailed by the fol- lowing vote: Ayes : Joyce, Sands , Stewart , and Burgess Nays : None Absent: Rogers Councilman Oliver then made a motion to close the Council ' s portion of the Public Hearing. The motion was seconded by Councilman Dalton and prevailed by the following vote : Ayes : Tate , Florence , Ware, Oliver, Dalton, and Shafer Nays : None Absent : Dunn PUBLIC HEARING - ZONING APPLICATION NO. Z79-10 The next order of business was for the City Council and the Planning and Zoning Commission to hold a Public Hearing relative to Zoning Application No. Z79-10 submitted by Willard R. Baker Company. Mayor Tate declared the Public Hearing open, and asked the City Secretary to explain the applicant ' s request. She advised that the 8. 34 acre tract in question was located on Highway 157 several hundred feet north of Timberline Drive. She noted that the present zoning was "R-l" Single Family Dwelling with the requested zoning being "C-2" Community Business District. Mr. Willard Baker then made a presentation explaining that the in- tended use of the majority of the property was apartment dwellings , but that the "C-2" zoning was requested to be more in conformity with adjacent property zoning. He added that approximately 225 ' west of the Highway 157 right-of-way take line would be used commercially. He added that the line might vary a little during tightening of di- mensions while attempting to request a building permit for Phase II of the apartments . He noted that a building permit for Phase II would be requested prior to the cut-off date previously discussed re- lative to the new parking requirements . He noted that he had not 04/17/79 attempted to determine a fixed line between the "R-3" and "C-2" uses because he did not want to make any presentation that would make anyone feel he was trying to move any at all over the sub- mission previously made to the City as to Phase I, Phase II . Mr. Baker continued to say that working drawings were being pre- pared on Phase I , and that the building permits for Phase I and Phase II would be taken out at the same time , although Phase I $ might lead Phase II by a few weeks . He added that construction t time on the two phases would be staggered, mainly because of the y ability to borrow very large sums of money at one time. Questions were then in order from the Planning and Zoning Commis- sion. Chairman Joyce then asked if the apartments would be re- quired to have the new number of parking spaces as set out by the recently Multi-Family parking requirement ordinance. Mr. Baker answered no , because these were the apartments discussed under the exception ordinance, and that he had already inventoried and bought the land. There were no questions from the City Council . : Mayor Tate asked if there were guests present to speak for or against the application. There were none . There being no further discussion, Member Bob Stewart made a motion to close their portion of the Public Hearing. The motion was seconded by Member Robert Sands and prevailed by the following vote : Ayes : Joyce, Sands , Stewart , and Burgess Nays : None Absent : Rogers Councilman Shafer then made a motion to close the Council' s portion of the Public Hearing. The motion was seconded by Councilman Florence and prevailed by the following vote : Ayes : Tate, Florence , Oliver , Dalton, Shafer, and Ware Nays : None Absent : Dunn PUBLIC HEARING -ZONING APPLICATION NO. Z79-11 The next order of business was for the City Council and the Planning and Zoning Commission to hold a Public Hearing relative to Zoning Application No. Z79-11 submitted by Gordon M. Nettleton. E Mayor Tate declared the Public Hearing open. { The City Secretary explained that the tract contained approximately 12 . 42 acres and was located on the South side of Highway 121 just to the west of Doss-Knight Road. She noted that the present zoning of the property was "R-l" Single Family Dwelling District and the requested zoning was "I-l" Heavy Industrial District Zoning . 4> t Mr. Nettleton then gave a short presentation explaining that the r intended use of the property was for a wholesale landscaping supply x and fencing material , more basically, storage. He noted that a large portion of the property was in the flood plain area. t There was little discussion from the Planning and Zoning Commission and City Council. r Mayor Tate asked if there were guests present to speak for or against the application. Mr. Bill Lindsey, representing adjacent property owners Gary Kirkland and Walt Beach, stated that they were opposed to the requested zoning , primarily because of appearance and the de- grading of their property. There was no further discussion. i Planning & Zoning Commission Member Jerry Burgess made a motion to F close their portion of the Public Hearing. The motion was seconded s: 5 04/17/79 by member Robert Sands and prevailed by the following vote : Ayes : Joyce, Burgess , Sands , and Stewart Nays : None Absent : Rogers j Councilman Florence then made a motion to close the Council ' s por- tion of the Public Hearing. The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes : Tate, Florence, Oliver, Ware , Dalton, and Shafer Nays : None ,( Absent : Dunn END OF JOINT PUBLIC HEARING s The Planning & Zoning Commission then recessed to the Conference Room to discuss further business . The City Council recessed for five minutes , then reconvened in the Council Chambers to proceed with further published agenda items , with all members present except Councilman Dunn. MINUTES The next order of business was consideration of the minutes of April 3 , and 9 , 1979. There being no corrections or additions to the minutes , Councilman Ware made a motion to waive the reading of the minutes and approve them as published. The motion was seconded by Councilman Shafer and prevailed by the following vote : Ayes : Tate, Florence, Oliver, Ware, Dalton, and Shafer Nays : None Absent : Dunn CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS AND DISCUSSIONS Mr. J. K. Newell appeared before the Council and presented an ad- ditional petition relative to the boundary settlement between the City of Colleyville and the City of Grapevine. Mr. Newell stated that he did not understand why the City of Grapevine wanted to give up some of its citizens to the City of Colleyville. Mayor Tate responded that the City of Grapevine was recently in- volved in a very costly lawsuit during which a large portion of the Grapevine area could have been lost to other neighboring cities . He added that a boundary settlement must be reached in order to prevent such litigation in the future. Mr. James E. Anthony, a property owner in the area under boundary dispute asked if the aforementioned lawsuit involved only the City of Grapevine and Colleyville. Mayor Tate answered that Mr. Anthony was involved in the litigation through the District Attorney as a party plantiff against the City of Grapevine. The Mayor added that the City received no support from anyone in that area to try to end the litigation. He continued to say that the City of Grapevine must have a boundary that is defendable in court. Mr. Anthony then asked if his present zoning of "C-2" would be hon- ored if he was annexed into the City of Colleyville. The City Attor- ney answered that any use would be a non-conforming use, but that zoning on newly annexed territory in almost all cities fell under that city' s lowest zoning category. Mr. Anthony asked that in any future negotiations , relative to a boundary settlement , a request be made to allow present zoning categories to remain the same. Mayor Tate stated the Boundary Committee of the two cities would meet again and make known the position of the residents of the area in question. t 04/17/79 ORDINANCE - REVISED PARKING REQUIREMENTS - EFFECTIVE DATE The next order of business was for the City Council to consider an E amendment ordinance relative to the effective date of the revised parking requirements in Multi-Family Districts . E i i The City Secretary then read the caption of the proposed ordinance . ' Councilman Ware asked if the ordinance as prepared would apply to Mr. Baker' s Phase II , pertaining to land that is actually zoned "R-1" f at the present time. The City Attorney answered that the ordinance as drafted made no reference to zoning categories . He added that the criteria that must be satisfied in order to come within the changed effective date are that prior to February 20 , 1979 , permanent financing must have been obtained on the proposed project based upon the previous parking requirements . The second criteria was that the developer =. must have obtained written approval of the proposed plan from the City prior to that time based upon the then existing parking re- quirements . The third requirement was that a building permit be obtained prior to June 30 , 1979 . He added that he understood the revised ordinance applied only to the projects of Mr. Ticknor and Mr . Baker. He added that he was not aware of the scope of the written approval of the City, nor with the details of the finance received prior to February 20th. The City Attorney further stated that it would seem difficult to obtain financing three or four months prior to construction on property that was not adequately zoned for the proposed project. G Councilman Oliver stated that he had reservations from the beginn- ing about allowing the exceptions , and could not help being con- cerned about the three-hundred and eighty-nine (389) families who would be living in apartments where the necessary fire lanes were questionable. He added that because of that reason, he would vote against the proposed ordinance. There being little discussion, Councilman Dalton made a motion to adopt the amendment ordinance. The motion was seconded by Council- man Shafer and prevailed by the following vote : k Ayes : Tate, Florence, Shafer , and Dalton t Nays : Oliver and Ware Absent : Dunn ORDINANCE NO. 79-19 AN ORDINANCE AMENDING CITY OF GRAPEVINE ORDINANCE NO. 79-4 PASSED ON THE 20TH DAY OF FEBRUARY, 1979 RELATING TO THE PARKING REQUIREMENTS FOR MULTI- FAMILY DISTRICTS IN THE ZONING ORDINANCE BY AMEND- ING THE EFFECTIVE DATE OF THE ORDINANCE FOR THOSE PROJECTS THAT HAD OBTAINED APPROVAL OF PERMANENT FINANCING AND THAT HAD RECEIVED WRITTEN PRELIMINARY APPROVAL FROM THE CITY PRIOR TO THE EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY € i SIGN SETBACK ORDINANCE p w: The next order of business was for the City Council to consider r an amendment ordinance pertaining to sign setback requirements . The City Secretary read the caption of the proposed ordinance`, and the City Attorney explained its contents . Councilman Florence made a motion to adopt the proposed ordinance. s The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware Nays : None Absent : Dunn : 04/17/79 ORDINANCE NO. 79-22 AN ORDINANCE AMENDING THE BASIC ZONING ORDINANCE OF THE CITY OF GRAPEVINE BY AMENDING SECTION 9 OF THE GRAPEVINE CITY CODE RELATING TO SIGNS BY AMEND- ING THE SET BACK REQUIREMENTS FOR GENERAL BUSINESS SIGNS IN "C-l" AND C-2" ZONING DISTRICTS ; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DE- CLARING AN EMERGENCY INDIAN HOUSING PROJECT - RESOLUTION The next order of business was for the City Council to consider a 17 resolution relative to an Indian Housing Program. Assistant City Manager Bill Eisen explained that the resolution j would authorize the City Secretary to publish notice of the City's intent to enter into a cooperative agreement with the Housing Authority of the Texas Intertribal Indian Housing Agency of Texas . The notice would state that at the expiration of sixty (60) days from the date of the first publication, the City would hold a Public Hearing to determine whether or not to enter into the co- operative agreement . Mr. Eisen then briefly explained the contents 1 of the agreement . Following a short discussion, it was the general concensus of the. Council, that they would prefer not to make a decision until they had more information relative to the results of the program in other cities . Councilman Dalton made a motion to table the item pending further study. The motion was seconded by Councilman Ware and prevailed by the following vote : } Ayes : Tate , Florence , Ware , Oliver, Dalton, and Shafer Nays : None Absent : Dunn CONTRACT - TRINITY RIVER AUTHORITY The next order of business was for the. City Council to consider entering into a contract with. Trinity River Authority. City Manager Jim Hancock gave a brief history and explained the contents of the contract. (See Exhibit "A" attached hereto and made a part hereof) Following a short discussion, Councilman Florence made a motion to approve the contract and authorize the Mayor to execute same on behalf of the City of Grapevine. The motin was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Tate, Florence , Ware, Oliver, Dalton, and Shafer Nays : None Absent : Dunn RESOLUTION - TRAFFIC SIGNALS - PARK BLVD. , DOVE ROAD The next order of business was for the City Council to consider a resolution requesting the Texas Highway Department to construct { traffic lights on West Northwest Highway at its intersections with Park Boulevard and Dove Road. The City Secretary explained the contents of the proposed resolution. Police Chief Bill McLain advised the Council of the reasons relating to the requested traffic signals . There being little discussion, Councilman Oliver made a motion to adopt the resolution. The motion was seconded by Councilman Shafer and prevailed by the following vote : 04/17/79 f s, : z Ayes : Tate, Florence , Oliver , Ware , Dalton and Shafer Nays : None Absent : Dunn F i= RESOLUTION NO. 79-10 F A RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS 4 AND PUBLIC TRANSPORTATION OF TEXAS TO EXPEDITE HIGHWAY SIGNALIZATION AT CERTAIN DESIGNATED LO- CATIONS WITHIN THE CITY LIMITS OF GRAPEVINE , TEXAS RESOLUTION - FIRE FUNDS FROM COUNTY r r� The next order of business was for the City Council to consider a resolution accepting County funds in return for providing fire protection to real and personal property outside the City of Grapevine boundaries . . The City Secretary explained the contents of the resolution. City Manager Jim Hancock advised that the County would provide $3 , 000 . 00 to our City for providing fire protection to real and personal property outside the boundaries of Grapevine. He added that the resolution was one that was brought before the Council on an annual basis . Councilman Ware made a motion to adopt the resolution accepting the $3 , 000. 00 from the County. The motion was seconded by Council- man Dalton and prevailed by the following vote : Ayes : Tate, Florence , Oliver, Dalton, Shafer , and Ware Nays : None Absent : Dunn RESOLUTION NO. 79-11 A RESOLUTION AUTHORIZING ACCEPTANCE FROM THE COUNTY f FUNDS IN RETURN FOR CITY OF GRAPEVINE PROVIDING FIRE PROTECTION TO REAL AND PERSONAL PROPERTY OUTSIDE THE CITY' S BOUNDARIES i PAYMENT AUTHORIZATION STREET CONSTRUCTION The next order of business was for the City Council to consider a authorizing payment for the City' s portion of street construction adjacent to City owned property. ' The City Manager explained that payment was for the City' s portion ' of the construction of a street north into Hood Ridge Estates and La Paloma Estates from Dove Road. Mr. Hancock further explained that the City' s portion amounted to $21 ,300 . 76 , payable to the developer, Tate Custom Builders , Inc . Mayor Tate stated that although he had no financial interest in the project , he was a cousin of the developer , therefore disqualified himself from the discussion and asked Mayor Pro-Tem Florence to proceed. There being little discussion, Councilman Ware made a motion to authorize the City Staff to make the necessary payment in the amount of $21 , 300. 76 . The motion was seconded by Councilman Dalton and prevailed by the following vote : r z Ayes : Florence , Ware, Dalton, Shafer, and Oliver Nays : None Abstain: Mayor Tate Absent : Dunn PAYMENT AUTHORIZATION - OVERSIZED WATER AND SEWER MAINS x The next order of business was for the City Council to consider authorizing payment for the City' s portion of oversized water and sewer mains in Boyd Center. E' s r 04/17/79 The City Manager explained that the developer, Mr. Page had agreed to pay for the six inch water line and six inch sewer line as needed for his project. The City, however, felt that for future development to the north, an eight inch water line and a twelve inch sewer line were needed. The City' s portion of the oversizing would amount to $8 , 748. 00 . Councilman Dalton made a motion to authorize the payment of the $8 , 748. 00 relative to the over sizing of water and sewer lines j in Boyd Center. The motion was seconded by Councilman Florence and prevailed by the following vote : 9 Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware Nays : None Absent: Dunn ZONING ORDINANCE - APPLICATION NO. Z79-9 The next order of business was for the City Council to consider the recommendation of the Planning and Zoning Commission and a subsequent ordinance relative to Zoning Application No . Z79-9 . City Engineer Jim Baddaker reported that the Planning & Zoning Commission unanimously recommended approval. The City Secretary read the caption of the proposed ordinance. Following a lenghty discussion, Councilman Florence made the following motion: To change the zoning to "SP" Specific Use Permit District Zoning incidental to the operation of a day 1 care center, as defined in "R-3" Multi-Family Dwelling District and other uses as permitted under "C-1" Neighborhood Business District Zoning. The motion was seconded by Councilman Ware and prevailed by the following vote : i 1 Ayes : Tate , Florence, Oliver , Dalton, Shafer, and Ware Nays : None Absent : Dunn ORDINANCE NO. 79-21 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT OR PARCEL OF LAND DESCRIBED AS BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE J. H. HALL ADDITION, GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE , ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT ZONING INCIDENTAL TO THE OPERA- TION OF A DAY CARE CENTER, AS DEFINED IN "R-3" MULTI-FAMILY DWELLING DISTRICT ZONING, AND OTHER USES AS PERMITTED UNDER "C-1" NEIGHBORHOOD BUSINESS DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY ZONING ORDINANCE - APPLICATION NO. Z79-10 The next order of business was for the City Council to consider the recommendation of the Planning and Zoning Commission and a subsequent ordinance relative to Zoning Application No. Z79-10 . City Engineer Jim Baddaker stated that the Planning and Zoning Commission recommended that the eastern section of the property 04/17/79 225 ' from the highway right-of-way take line be zoned "C-2" Community Business District Zoning and the remainder of the s site be zoned "R-3" Multi-Family Dwelling District. r Mayor Tate stated that some of the Councilmen were concerned that the property to be rezoned would be included in the amend- ment ordinance as an exception relative to the new parking re- quirements in Multi-Family Dwelling Districts . Mayor Tate asked Mr. Baker what his basis was for feeling that Phase II should come within the parking requirements prior to February 20th. Mr. Baker answered that all of the economic determinations { were made and property had been bought. Mayor Tate asked if Mr. Baker had bought and closed on the tract being considered for rezoning. Mr. Baker answered yes , that the property had �© been bought subsequent to filing the zoning application. { Mayor Tate stated that he felt the question was whether or not Mr. Baker was entitled to the benefit of the old parking require- { ments on property that was not properly zoned at the time the L ordinance was entered into. He added that the exception to the new parking requirement ordinance was passed on Mr. Ticknor and Mr. Baker' s behalf to prevent undue hardships . Mayor Tate then asked Mr. Baker if he had his finance committment on Phase II. Mr. Baker answered that he had his finance committ- E ment on Phase I that would be expanded to Phase II . Mayor Tate asked if the plot plan had been filed on both phases . Jim Baddaker answered that the plans were at Freese & Nichols Engineering Firm at the present time where the sewer design lay- outs were being pursued. Councilman Oliver asked Mr. Baker if he had stated that he did not ` have his financing on Phase II as of yet . Mr. Baker answered no , that it was intended from the beginning that Phase I financing would be expanded into Phase II. Mr. Oliver asked again if Mr. Baker had his financing for Phase II. Mr. Baker^answered .no. Councilman Oliver then stated that it was his understanding that Phase II would not receive the benefit of the exception ordinance pertaining to required parking spaces . Mr. Baker stated that he had very diligently sought out all of the requirements of the City, and at no time was he led to believe that Phase II would not be included in the exception. 4 Councilman Ware stated that he found it hard to believe that per- = manent financing had been obtained on property that Mr. Baker neither owned nor had proper zoning upon. Councilman Florence added that he would not argue the fact that "R-3" was a suitable zoning category for the property in question, but that he felt it needed to be pointed out that under the terms of parking ordinance , apparently Mr. Baker would have to go with the new parking requirements for Phase II. Mayor Tate asked Mr. Baker when he planned to start construction of Phase II. Mr. Baker answered that the intent was to start approximately six months after the start of Phase I. Mayor Tate r stated that it seemed, in every respect , that Phase I and Phase II were being handled as seperate projects . He added that he had serious doubt as to whether or not Mr. Baker would be en- - titled to the provisions of the exception ordinance on Phase II. The City Secretary read the caption of the proposed ordinance as related to the recommendation of the Planning and Zoning Commission. r Councilman Florence then made a motion that the ordinance be adopted. The motion was seconded by Councilman Ware and prevailed by the following vote : r Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware Nays : None Absent : Dunn 3 04/17/79 ORDINANCE NO. 79-18 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DE- SCRIBED AS BEING A LOT , TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE W. D. SHEPHARD SURVEY, ABSTRACT NO. 1393 , IN THE CITY OF GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE, OR- DERING A CHANGE IN THE EAST TWO-HUNDRED TWENTY- FIVE FEET (225 ' ) OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT ZONING, AND THE REMAINDER OF SAID PROPERTY FROM "R-l" SINGLE FAMILY DWELLING DISTRICT TO "R-3" MULTI- FAMILY DWELLING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PRO- VIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE, PROVIDING A PENALTY; AND DECLARING AN EMERGENCY ZONING ORDINANCE - APPLICATION NO. Z79-11 The next order of business was for the City Council to consider the i recommendation of the Planning & Zoning Commission and a subsequent ordinance relative to Zoning Application No. Z79-11. City Engineer Jim Baddaker reported that the Planning & Zoning Commission had recommended that "I-l" Light Industrial Zoning be granted rather than the requested "I-2" Heavy Industrial Zoning. The City Secretary read the caption of the ordinance in accordance with the recommendation of the Planning & Zoning Commission. Councilman Ware then made a motion to accept the recommendation of the Planning & Zoning Commission and adopt the ordinance. The motion was seconded by Councilman Shafer and prevailed by the following vote : Ayes : Tate , Florence, Oliver , Dalton, Shafer, and Ware Nays : None Absent : Dunn ORDINANCE NO. 79-20 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE J . N. GIBSON SURVEY, ABSTRACT NO. 591 IN THE CITY OF GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE , ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELL- ING DISTRICT TO "I-l" LIGHT INDUSTRIAL DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP ; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY, DE- TERMINING THAT THE PUBLIC INTERESTS , MORALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMEND- MENT THEREIN MADE ; PROVIDING A PENALTY; AND DE- CLARING AN EMERGENCY : 04/17/79 4 FINAL PLAT - THE WOODS The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to the Final Plat of The Woods . Mr. Baddaker reported that the Planning & Zoning Commission had k recommended approval as submitted. Councilman Florence made a motion to accept the recommendation of the Planning & Zoning Commission and approve the Final Plat of The Woods. The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes : Tate, Florence , Oliver, Dalton, Shafer, and Ware Nays: None Absent : Dunn MISCELLANEOUS COMMENTS Mayor Tate stated he wanted to commend the Chief of Police for excellent enforcement of the boat noise ordinance. t f ADJOURNMENT There being no further business to come before the Council , Council- man Dalton made a motion to adjourn. The motion was seconded by Councilman Shafer and all in attendance voted aye. PASSED AND APPROVED on this the �s' day o , 1979 . Mayor ATTEST : l4 City Secr r r r c a i S t' t EXHIBIT "A" THE STATE OF TEXAS . COUNTY OF TARRANT i THIS CONTRACT (hereinafter called "Contract" ) dated and 1 entered into as of the 25th day of APRIL, 1979 , by and be- ' tween Trinity River Authority of Texas , a governmental agency and a body politic and corporate, created and functioning under Chaoter 518 , Acts of the Regular Session of the 54th Legislature , as amended (the "Authority Act" ) pursuant to Article XVi, . Section 59 of the . Constitution of .�Texas (herein called "Authority" ) , and the CITY OF GRAPEVINE , Texas, a city duly incorporated under the laws of the State of Texas (the "City" ) . WI ..T _N..ESSETH WHEREAS , the Authority has constructed facilities in Tarrant County for the purpose or supply treated water to cities and others; and WHEREAS , City owns and operates its water distribution sys- tem and is in need of an additional source of water supply; and l WHEREAS , the Authority has heretofore entered into water supply contracts , each dated January 22 , 1972 , and amended as of January 22 , 1973 , with the Cities of Bedford and Euless, which are defined as Contracting Parties in said contracts , which permit the Authority to contract with Additional Contract- ing Parties , as defined in said contracts ; and WHEREAS , the City of Grapevine is such an Additional Con- tracting Party under said contracts and will become a Contract- ing Party under this contract; and p WHEREAS , contracts similar to this Contract are being ex- ecuted with other cities which are Additional Contracting Par- ties under said contracts and will become Contracting Parties as defined in this Contract; and 'j WHEREAS , City and authority are authorized to enter into this Contract pursuant to the Authority act, Vernon ' s Ann. Tex. Civ . St. Article 4413 (32c) , and other applicable laws ; and WHEREAS , Authority proposes to issue its Bonds for the pur- cose of constructing facilities to enable it to supply treated water to Citv and to others , in accordance with a report of K1-iowlton-Ratliff-English-Co11irs , Consulting Engineers , entitled Report on Proposed 3edford-Euless Water Svstem to Trinity_ River Authority of Texas , dated July, 1971 , as supplemented by a docu- ment dated August, 1978 , entitled "Supplement to the Engineering ' Report on Proposed Bedford-Euless 'rater Svstem which was Dated July 1 , 1971" , prepared by Knowlton-English-Flowers , Inc. , Con- suiting Engineers , and as further supplemented by a document dated April, 1979 , entitled "'Trinity River Authority of Texas Tarrant Cour_ty Water Project Transmission Facilities For Serving Colleyvilla_ , Grapevine , and North Rzchland Hills " , by Knowlton- English-Flowers , Inc. , Consulting Engineers , and as the forego- ing report and supplements may be amended or supplemented prior to the execution of construction contracts and as changed by change orders entered after construction contracts have been executed, or as such report anal supplements may be amended cr supplemented to provide expan3Fd service in the future (herein collectively called "Erg ineerina Report" ) ; and WHEREAS , it is desirable and necessary to City that Author- ity supply water to City; -1- d { NCW, THEREFORE , in consideration of she mutual covenants and agreements herein contained, Authority agrees to expand the Project in accordance with the Engineering Report and to supply water to City,. and City agrees to pay Authority for water supplied upQn terms and conditions hereinafter set forth, Section 1. DEFINITION OF TERMS . Terms and expressions as used in this Contract , unless the context clearly shows otherwise , shall have . the following. meanings.: A.. "Additional Contracting Party" . means any party not de- 4 k' fined *as" a Contracting- Party with whom Authorty makes a con- tract for supplying treated water through the Project. B'. "Adjusted Annual Payment" ;Weans the Annual Payment, as adjusted due to service. to Additional Contracting Parties and/or as required during or after each Fiscal Year . ` C. "Annual Payment" means the amount of money to be paid to Authority by City as its proportionate share of the Annual Requirement. 4 e D. "Annual Requirement" means the total amount of money required for Authority to pay all Operation and Maintenance Ex- pense of the Project, to pay the debt service on its Bonds , and t to pay any amounts required to be deposited in any special or reserve funds required to be established and/or maintained by the provisions o.L the Bond Resolution. E. "Bond Resolutions" means the resolutions of Authority which authorize the Bonds . F. "Bonds" means the revenue bonds heretofore and hereaft issued by Authority, whether one or more issues , and the interest coupons appertaining thereto , in connection with the acquisitio construction, improvement, betterment, and extension of the Pro- ject, and any bonds issued to refund any Bonds . The outstanding Bonds heretofore issued are the Authority ' s Tarrant County Pro— ject Revenue Bonds , Series 1975 and Series 1979 . G. "Contracting Parties" ;Weans the Cities or Bedford, Euless , Collevville , Grapevine, and North Richland Hills . s ' H. "Fiscal Year" means the fiscal year of Authority, which is December 1 through November 30 . I. "Operation and Maintenance Expense" means all costs r of operation and maintenance of the Project including (for greater certainty but without limiting the generality of the } foregoing) repairs and replacements for which no special fund is created in the Bond Resolutions, the cost of , raw water, utilities , supervision, engineering, accounting , auditing, legal services , and any other supplies , services , administra- tive costs, and equipment necessary for proper operation and maintenance of the Project, and payments made by Authority in satisfaction of judgments resulting from claims not covered by Authority ' s insurance or not paid by a Contracting Party or k Parties arising in connection with the operation and mainten- ance of the Project. The term also includes the charges of the bank or banks where the Bonds are payable. t' J. "Project" means all water supply facilities described i n the Engineering Report. Section 2 . QUANTITY, QUALITY , POINTS OF DELIVERY, MEASUR- ING EQUIPM—ENT, UNIT OF M.EASUREMIENT AND DELIVERY PRESSURE . µ k J R x 4 -2- a i A. QUANTITY . Authority agrees to sell and to deliver to i City at the Delivery Point or Points hereinafter provided , and City agrees to purchase and take at such Delivery Point or j Points treated water required by City during the period of ' this agreement for its own use and for distribution to the customers served by City ' s distribution system, to the extent and in the amount prescribed in Section 5 (g) of this Contract. Authority will use its best efforts to remain in position to . furnish. water_ sufficient for the: reasonable demands of City, .. but its obligations shall be limited to the amount of water available to it under . its raw water , supply contract with. Tarrant . County' Water Control and Improvement District Number One, effect- ive April 25 , . 1979-, {the "Raw Water Contract") ., . and by its commitments to other' Contracting Parties and Additional Contract= ing Parties , and further by the provisions of the Authority ' s other water supply contract, effective July 27 , 1971 , with the aforesaid District. B . QUALITY. The water to be delivered by Authority and received by City shall be potable treated water meeting appli- cable purity standards of the Texas Department of Health Re- sources . City has satisfied itself that such water will be suitable for its needs . C. POINTS OF DELIVERY. The Point or Points of Delivery into City' s distribution system shall be as designated in the Engineering Report. 1 D. MEASURING EQUIPMENT. (a) Authority shall furnish, install, operate, and maintain at its own expense the neces- sary metering equipment of standard type for measuring properly the quantity of water delivered under this agreement . Such metering equipment shall be located on Authority ' s supply main '' at a location to be designated by Authority. Such meter or meters and other equipment so installed shall remain the property of Authority. City shall have access to such main metering equipment at all reasonable times , but the reading, calibration and adjustment thereof shall be done only by the employees or agents of Authority. For the purpose of this agreement, theI It €' original record or reading of the main meter shall be the journal or other record book of Authority in its office in which the records of the employees or agents of Authority who take the reading are or may be transcribed. Upon written re- quest of City, Authority will give City a copy of such journal or record book, or permit City to have access to the same in the office of Authority during reasonable business hours . (b) Not more than once in each calendar year, on a date as near the end of such calendar year as practical, Authority shall calibrate its main meter or meters, if requested in writ- ing by City to do so, in the presence of a representative of City, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated by City in i the presence of a representative of Authority and the parties shall jointly observe any adjustment in case any adjustment is necessary. If City shall in writing request Authority to cali- brate its meters and authority shall give City written notice of the time when any such calibration is to be made and a repre- sentative of City is not present at the time set, Authority may proceed with calibration and adjustment in the absence of any representative of City. (c) If either party at any -.Lme observes a variation be- tween a main delivery meter and the check meter, if any such { -3- check meter sha=1 be installed , such party will Dromptly notify the other _party , and the parties hereto shall hen cooperate to G procure an immediate calibration test and ]olnt observation of any adjustment and the main meter shall then be adjusted to accuracy . Each party shall give the other party forty-eight ' (48) hours ' notice of the time of any test of meter so that the other party may conveniently have a recresentative present . z (d) If, upon any test, the percentage of. inacc uracv of metering equipment is found to be in excess of two. percent z (2%) , registration thereof shall be corrected for a period ` extending back to tl:e time when such inaccuracy began, if such time is ascertainable;` and' if sucY t_ ie i s ' not `ascertainanle f then. for a period, extending back one-nalf (1/2). of. she tae elapsed .since the. last date of ealibratior_, but in. no evert farther back than a period of six ( 6) months . If, for any t reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof , the water delivered, through the period such meter is out of service or out of repair, shall be estimated and agreed upon by the parties thereto upon the basis of the best data available. For such purpose , the best x data available shall be deemed to be the registration of anv check meter if the same has been installed and is accurately registering. Otherwise, the best data available shall be deem- ed any other meters in the transmission lire or treatment. plant which can be related to the main delivery meter. If no other ` meters in the system are operational which will allow deter- mination of delivered quantity , then the amount of water de- livered during such period may be estimated (i) by correcting the error if the percentage of error is ascertainable by cal- ibration tests or mathematical calculation, or (ii) by esti- mating the quantity of delivery by deliveries during the pre- ceding periods under similar conditions when the meter was registering accurately. (e) City may, at its option and its own expense, install and operate a check meter to check the meter installed by Au- thority, but the measurement of water for the purpose of this agreement shall be solely by the Authority ' s meter, except in the cases hereir_above specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading , calibra- tion and adjustment thereof shall be made only by the City, except during any period when a check meter may be used under the provi s ions hereo f for measuring the amount of water deliver- t ed, in which case the reading, calibration, and adjustment thereof shall be made by Authority with like effect as if such check meter had been furnished or installed by Authority. E. UNIT OF MS.EASURE2,1ENT. The unit of measurement for water delivered hereunder shall be 1 , 000 gallons of water, U.S . Standard Liquid Measure. � s F. DELIVERY PRESSURE. The water shall be delivered by Authority at the point of delivery at a pressure sufficient to transmit the water into the City ' s distribution system. Section 4 . FISCAL PROVISIONS . A. FINANCING. Author- ity will pay for the cost of expanding the Project and will a issue its Bonds in amounts necessary to pay for such expansion E n accordance with the Engineering Report. 4 t B . ANNUAL P.EQUIREi^EEINT . it is acknowledged and agreed that OaymentS t0 be made Under this con tract and S1Ti113r COn- t_raczs with other Contracting Parties and Additional Contract - i ng Parties will be the only source available to Authority to t 3 I C i s provide the Annual Requirement; and that t..e Authority has a statutory duty to establish and. from --time to time - to- revise the charges for services- to be rendered and made available to Citv hereunder so that the Annual Requirement shall at all times j be not less than an amount sufficient to pay or provide for the payment of : (a) All Operation and Maintenance Expense; (b) the principal of and the interest on the Bonds , as such principal and interest become du.e, less-. interest .to be paid out or Bond. proceeds as* permitted by the Bond Resolutions ; (c) during each Fiscal Year, the proportionate part - of, any- special or reserve funks r ecru i r= ed to be established and/or maintained by the provisions of the Bond Resolutions ; and E` (d) an amount in addition thereto sufficient to restore any deficiency in any of such funds 1 or accounts required to be accumulated and maintained by the provisions of the Bond Reso- lutions. i C. PAYMENTS BY CITY. (a) For services to be rendered to City by Authority hereunder, City agrees to pay, at the time and in the manner herein provided, its proportionate share of the Annual Requirement, which shall be determined as follows and shall constitute City' s Annual Payment: (i) For the Fiscal Year 198 (the first year of opera- tion or fraction thereof) , the City' s proportionate share of the Annual Requirement shall be a percent- age obtained by dividing City ' s estimated annual treated water requirement by the total estimated volume to be treated and used by all Contracting Parties . The -following tabulation shall apply for the Fiscal Year 198T :. Estimated Percentage 1981 of Contracting Party Usage Total Euless 4 . 1 MGD 45% Bedford 2 . 5 MGD 27% Colleyville 1 . 0 MGD 11% Grapevine . 8 MGD 9% North Richland Hills . 75 MGD 8% Total 9 . 15 MGD 100% City ' s Annual Payment for the Fiscal Year 1981 shall be calculated by multiplying City ' s percentage from the above tabulation times the Annual Requirement. City ' s Annual Payment shall be made to Authority in twelve equal monthly installments . In the event Authority is unable to offer service under this contract to City for the complete Fiscal Year of 1981 , the por- tion of City ' s Annual Payment attr4butable to operation and Maintenance Expense shall be reduced to the prorata portion of the Fiscal Year for which service is provided. Such payments shall be made in accordance with and at the times set forth in a Schedule of Payments for 1981 which will be supplied to City. At the close of the 1981 Fiscal Year, Authority shall determine City ' s percentage by dividing City' s actual :petered usage by the total actual :metered usage of the System by all Contracting Parties. City ' s Adjusted Annual Payment shall be calculated by multiplying Citv ' s redetermined percentage times the Annual } # Reauiremenr ^ ^e dif f-er' -e between the Adjusted Annual ?ay- ment and '___'.ymen'" , if- 'ny, when det2r:P ned, shall be applied as a credit or a debit to City ' s account with Au- thority and shall be credited or debited to Citv ' s next sub- sequent monthly statement. f (ii) For the Fiscal Year 1982 and each succeeding Fiscal Year therea=ter, C1tv ' s proportionate share of the Annual Requirement shall be a per- centage obtained by dividing City' s estimated: treated water ream rement for such year by the .total. es-timated treated water requirement of all "x Contracting Parties for such year . Calculation of . Annual Payment and Adjuster Annual. Payment fore1982 and each succeeding Fiscal Year there- after shall be determined in the manner describ- ed in (i) above. f (b) If, during any Fiscal Year, Authority begins provid- ing services to an Additional Contracting Party or Parties , City ' s Annual Payment for -such Fiscal Year shall be determined § in the following manner : (i) Such Additional Contracting Party or Parties estimated treated water requirement for such year, or portion thereof , shall be dete.-mmined by Authority; g (ii) City' s proportionate share of the Annual Require- ment shall be a percentage, redetermined by di- viding City ' s estimated treated water requirement by the total annual estimated treated water re- quirement by all Contracting Parties , including that estimated for the Additional Contracting Party or Parties for the remaining portion of _ such Fiscal Year; (iii) Authority shall redetermine the Annual Require- ment, taking into consideration any costs incurred ; on account of the Additional Contracting Party or p Parties; (iv) City ' s Annual Payment shall be redetermined by multiplying City ' s redetermined percentace times the redetermined Annual Requirement; ( (v) Following the first Fiscal Year or part thereof of service to an Additional Contracting Party, City ' s Annual Payment shall be determined annually in the manner set forth above , incorporating the Additional Contracting Party in the calculations on the same basis as all parties being served by the System. (c) City ' s annual Payment shall also be redetermined, in the manner. set out above , at any time during any Fiscal Year _if: : a (i) Additions , enlarger-rents, or improvements to the z s Project are constructed by Authority to provide continuing service which in turn requires a re- determination of the Annual Requirement; or (ii) unusual or extraordinary expenditures for main- tenance and operation are required which are ; not provided for in the Annual Budget or in the Bond Resolution. 4- k -6- 4rr. 5 (d) No twiths tand-ing the foregoing provisions of this Section 2C , it is agreed that, in addition to City ' s Annual Payment, and as cons i der a-:ion -- or the service 1-o be supplied I-e-reunder , , City shall pay to Authority a surcharge of : .34-7 cents per i,.40-0 gallons of aster*deliv' erect 'to City until City has paid to Authority .$340 , 916 either J under this clause ( i) or in cash, with such payments being necessary to equalize the capital costs already involved in the Project, plus (ii) seven cents (7<,') per 1 , 000 gallons of water delivered to City during the term of this Contract , with such payments being necessary because of the greater cost of raw water to be furnished to the City under the Raw Water Con- tract; provided that if the water rates are increased or de- creased under the Raw Water Contract in 1980 or following any five year per-i od thereafter, - as: provided and: permitted in: the. Raw Water Contract, the surcharge under this clause ( ii)- , shall ..... ..... .be adjusted- :up ..or. down. in. proportion- �tct arny.- such: increase -or cte- crease . It is further agreed -L-hat, if, in the -future, . the Author- ity- should execute: a. contract with-any . Addit-ional Contracting Party, 'such contract . wi-11 contain provisions similar to the pro-' visioris of this subsection (d) except that the surcharge and total amount- set forth under clause (i) , above, shall be fixed in a fair and equitable manner, as determined by the Authority, to reflect such. party ' s participation in the Project, with the result that the amounts payable by the other cities to which a surcharge applies will be proportionately readjusted. All pay- ments due from the City under this subsection (d) shall be billed separately from each Annual Payment, but shall be paid each month at the same time the. other monthly payments are due . All payments under this subsection (d) shall be applied to the payment of that part of each Annual Requirement which otherwise would be paid by the Cities of Bedford and Euless , and shall -reduce, to such ex- tent, the annual aggregate amount of each Annual Payment to be made by the Cities of Bedford and Euless . (e) On or before November 1 of each year, Authority shall furnish City with a schedule of the monthly payments to be made by such City to the Authority for the ensuing Fiscal Year. City hereby agrees that it will make such payments to the Authority on or before the 10th day of each month of such Fiscal Year. If the City at any time disputes the amount to be paid by it to Authority, City shall nevertheless promptly make the payment or payments determined by Authority, and, if it is subsequently determined by agreement, arbitration or court decision that such disputed payments made by City should have been less, or more, Authority shall promptly revise and reallocate the charges among all parties then being served by Authority in such manner that City will recover its overpayment or-- Authority will recover the amount due it. (f) If City ' s Annual Payment is redetermined as is herein provided, Authority will promptly furnish Citv with an updated schedule of monthly payments reflecting such redetermination. Section 5 . SPECIAL PROVISIONS . (a) Authority will oro- ceed to finance and expand the Project to the end that it will be able to deliver treated water to City beginning on June 1, 1981 . (b) Title to all water supplied hereunder shall -remain in Authority through the Point (s) of Delivery, and upon passing through the Point (s) of Deli-very, such title to the water shall pass to City . Each of the parties hereto agrees to save and 7 hold the other party harmless from all claims , demands, and causes of action which may be asserted by anyone on account of the transportation and delivery of said water while title re- mains in such party. (c) It is expressly understood and agreed that any obl-i - cations on the part. of Authority to complete the ex-oansion of the Project and to provide water to City shall be conditioned upon the Authority' s ability to obtain all necessary material, labor, and equipment and upon the ability of Authority to fi- nance the cost of such expansion through the actual sale of Authority ' s Bonds. -7- i E 1- (d) Authority shall never have the right to demand pay- ment by City of any obligations assumed by it or imposed on it under and by virtue of this Contract from funds raised or to be raised by taxes levied by City. City ' s obligations under , this Contract shall never be construed to be a debt of the City of such kind as to require it under the law of t ?iS State to levy and collect a tax to discharge such obligation, it be- ing expressly understood by the parties hereto that all pay- ments due by City hereunder are to be made from water and sewer revenues received by City . (e) City represents and covenants that all payments to be made hereunder b.y ' it shall constitute "Operating 'Epenses " of its waterworks and sewer system as defined in Article 1113 of. the: Revised- Civil` Statutes of Texas as amended ; and that all such payments will constitute operating expenses of City ' s waterworks and sewer .system.. (f) City agrees to fix and collect such rates and charges for water and sewer services to be supplied by its waterworks and sewer system as will produce revenues in an amount suffi- cient to make all payments due under this Contract and to com- ply with provisions of all ordinances authorizing its revenue bonds now or hereafter outstanding . (g) It is agreed and understood that the Authority will s supply , and City is oblicated to take and shall take , annually under this -Contract, an amount of water equal to the amount of all water actually required to serve all of the City ' s water { customers in the area of the City described as follows : All area within the city limits of the City of Grapevine (1) south of the St. Louis-Southwestern Railroad (except c that area within the Dallas/Fort Worth Regional Airport) and (2) west of a north-south extension of Park Boulevard between Grapevine Reservoir and State Highway 121. However, it is understood that in order for the City to supply water to all of its water customers throughout the City, and in certain instances to meet the limiting ratio of maximum s day ' s use to average annual use stipulated in the heretofore g described Raw Water Contract between Authority and Tarrant County Water Control and Improvement District Number One (the "District" ) , the City will utilize other sources of water supply available to it for such purposes . Also, at such times as peak _ demands on the City ' s water may exceed the capabilities of the Authority ' s facilities to deliver treated water, or at such times as the Authority ' s facilities may be totally or partially out of service , the City shall utilize such other sources of water supply . (h) Authority shall not be liable to City for any damages occasioned by the inability of Authority to supply all water ' required by City if such inability is caused by the inability of District to deliver all water required by Authority to meet its contractual obligations . (i) In the event Authority is sued or is placed on notice of demand for payment of a claim or claims not covered by Au- insurance or claims not paid by a Contracting Party or Parties arising in connection with the operation and main- t.nanca or the Dro4: o_ +-, t_hen in any of said events , Autho rity shall forthwith notify City in writing as to the nature of the claim or litigation which could result in an increase in opera- tion and maintenance expense . Ci tv shall have ten (10) days -from rece.iot of such written notification in which to advise and comment to Authority concerning any claim, suit or deri'.and for payment and Authority shall duly consider City ' s advice and comments in any final disposition or said Claim or demand _or payment. Section 6 . F ORCE nAJEliRE . (d) if by reason of force ma-'eure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract, other than the obligation or City to *rake the payments required under (b) of this section., then if such party shall give notice and { full particulars of such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure , shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reason- able dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes , lockouts , or other industrial AV disturbances , acts. of public enemy,, grders ..of any kind of t,e Government of the United States or the State Of Texas , Or any C1V11 Or iitllitarV authOrltyy, . -nsurrection, riots , eoide-mics ,_ landslides, iicihtning, earthcuake , fires , hurricanes , storms , floods , washouts , drouths ;. arrests , restraint of government and people, c.ivih disturbances , explosions , breakage or acci dents -to machinery, pipelines or canals , partial or entire failure of water supply, and inability on part of Authority to deliver water hereunder for anv reason, or the City to receive water hereunder for any reason, or on account of any other causes not reasonably within the control of the party claim-ing such inability. (b) Recognizing that the Authority will use payments received by City and others to pay, secure , and finance the issuance of the Bonds , it is hereby agreed that upon the issu- ance and sale of any Bonds by the Authority to provide funds for the Project, City shall be unconditionally obligated to pay its proportionate share of the debt service on such Bonds, regardless of whether or not the Authority is actually deliver- ing water to City hereunder, or whether or not City actually takes water hereunder, whether due to Force Majeure or other- wise. Under such circumstances , the amount due to Authority from City shall be a percentage of the debt service on the Bonds for the period of any such failure of service hereunder. Such percentage shall be the last percentage used by Authority in determining City ' s annual Payment prior to any such failure of service, and, in the event service is not begun hereunder, such percentage shall be that specified in the table in Section 4C (a) (i) hereof . This covenant by City shall be for the benefit of the holders of the Bonds . Section 7 . LIMITATION OF AUTHORITY OBLIGATION . This con- tract is in all things subject to the Raw Water Con Tract and the other water supply contract, effective July 27 , 1971, be- tween Authority and Tarrant County "dater Ccnt_cl and Improve- ment District Number One . By the execution of this Contract, City acknowledges that it has received and reviewed true copies of such contracts . City agrees that it will take no action which would cause a violation of Authority ' s contract with said District. In the event that the amount of water avail- able to Authority under its contracts with said District is in- sufficient to Bubbly all requirements of City, City may utilize water from other sources to fulfill its needs in amounts which Authority is unable to supply . ey Section 8 . TERM OF CONTRACT; MODIFICATION; NOTICES . A. TERM OF CONTRACT. This Contract shall be e=fective upon execution hereof and shall continue in force and effect for a period of thirty-five (35) years from the date of this Contract and thereafter shall continue in effect until all Bonds and refurdirg bonds issued in lieu of the Bonds have been paid. B. MODIFIICATION. No change or modification of this Con- tract shall be made which will aff"ect adversely the prompt pay- went when due of all moneys recuired to be paid by City under -9- ( k 4 the terms of this Contract and no such chance siiall be efT3Ct_Ve e which would cause a violation of anv provisions of any resolu- tion of Authority authorizir_g the issuance of Bonds or anv bonds issued to refund any of the Bonds . C. NOTICES . All notices or communications provided for herein shall be in writing and shall be either delivered to. C1uv Or Authority , or, if :railed, Shall be sent by registered mail ,' pOSt3ge prepald.> addreSseC1 t0 City Or AlthOrlty at their i respective addresses . D. SEVERABILITY . The parties hereto agree that any t of the provisions of . this Contract. should. be or b.e, held . to bet . invalid or to contravene the laws of this State, or the United States , such fact shall not invalidate the whole agreement, but it shall be construed as though not containing that particular provision, and the rights and obligations of the parties shall k be construed and remain in force accordingly. ' E . CONTINUED SERVICE•. The parties hereto agree that upon the expiration of this Contract that Citv shall have the right to continued service for an additional period of fifty (30) years , or for such other time as may be agreed, upon ex- ecution of an aporopriate agreement between City and Authority. IN WITNESS WHEREOF , the parties hereto acting under au- thority of their respective governing bodies have caused this Contract to be dulv executed in several counterparts , each Of which shall constitute an original , all as of the day and year f first above written. TRINITY RIVER AUTHORITY OF TEXAS i i BY General Manager 4 ATTEST: 4 ( Secretary t (AUTHORITY SEAL) CITY OF GRAPEVINE, TEXAS BY Mavor ATTEST: x 3 3 Citv Secretary (CITY SEAL) S r 6 } -10-