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Home My WebLink About1990-10-16 Joint Meeting! i i AGENDA CITY OF GRAPEVINE, TEXAS `> SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 1990 AT 6 :30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD CALL TO ORDER EXECUTIVE SESSION �� l . City Council to conduct a closed session regarding contemplated litigation [A] (relative to Dallas/Fort Worth i International Airport Board' s decision relative to proposed j Runway 16/34 West) , and [B] (review with City Attorney the ; status of complaint pending before the Texas Water Commission relative to priority of rights in Grapevine Reservoir) under amendments to Article 6252-17 , V.A.T.C.S. , Subsection 2 (e) . City Council to reconvene in open session and take any necessary action regarding contemplated litigation [A] (relative to Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) , and [B] (review with City Attorney the status of complaint pending before the Texas Water Commission relative to priority of rights in Grapevine Reservoir) under amendments to Article 6252-17 , V.A.T.C.S . , Subsection 2 (e) . ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C. S. , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 12TH DAY OF OCTOBER, 1990 AT 5 :00 P.M. Lin a Huff � City Secretary > � f' �. fi R �, S � STATE OF TEXAS � COUNTY OF TARRANT �' CITY OF GRAPEVINE � � r � The City Council of the City of Grapevine, Texas met in Special � Session on this the 16th day of October, 1990 at 6 :30 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: � � William D. Tate Mayor � Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member �; C. Shane Wilbanks Council Member Gil Traverse Council Member � G Jerry L. Pittman Council Member F Will Wickman Council Member �' P. constituting a quorum, with the following members of the City Staff: Mark S. Watson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary 4� CALL TO ORDER Mayor Tate called the special meeting to order at 6 :45 p.m. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session relative to contemplated litigation [A] (relative to Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) , and [B] (review with City Attorney the status of complaint pending before the Texas Water Commission relative to priority of rights in Grapevine Reservoir) under amendments to Article 6252-17 , V.A.T.C. S. , Subsection 2 (e) . Upon reconvening in open session City Manager Mark S. Watson announced there was no action necessary relative to contemplated litigation [A] (relative to Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) , and [B] (review with City Attorney the status of complaint pending before the Texas Water Commission relative to priority of � rights in Grapevine Reservoir) under amendments to � Article 6252-17 , V.A.T.C. S. , Subsection 2 (e) . lo/i6/90 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Traverse, offered a motion to adjourn the meeting at 7 : 22 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of November , 1990 . APPROVED: � •-- � William D. Tate Mayor ' ATTEST: ; ; _ i Linda Huff s City Secretary � I ; 2 � AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 16 , 1990 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 i 307 WEST DALLAS ROAD i � � � CALL TO ORDER i � INVOCATION: Commission Member Larry Oliver � � i � JOINT PUBLIC HEARINGS s � � 1 . City Council and Planning & Zoning Commission to conduct a ; public hearing relative to Zoninq Application Z90-09 � submitted by Mr. Carroll H. Rowbotham reguesting rezoning of � 1 .08 acres from "CN" Neighborhood Commercial District ' Regulations to "LI" Light Industrial District. The subject jproperty is located at 131 East Hudgins Street (Lot 8 , Block i 15, Original Town of Grapevine) next to the Storage � House/Self Storage. �,�,.� 2 . City Council and Planning & Zoning Commission to conduct a public hearinq relative to the replat of Lots 7 , 8 and portions of Lots 3 and 4 , Block 15 , Original Town of � Grapevine. The 1 .98 acre tract is located on the north side i of East Hudgins Street, east of Main Street. i � � END OF JOINT PUBLIC HEARINGS i i � Planning & Zoning Commission to recess to Conference Room #204 to ! consider other published agenda items. � � � City Council to remain in session in the Council Chambers to � consider business. i 3 � � � 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 JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 12TH DAY OF ; OCTOBER, 1990 AT 5 : 00 P.M. Linda Huff City Secretary , i � E i 0 i AGENDA ' CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 16 , 1990 AT 7 :30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD € PRESENTATIONS � ; 3 . Mr. Rueben Amezaga, President of the DFW Soccer Association, ! to present Plaques of Appreciation to the City Council and ; the Parks & Recreation Board for their support of the youth � activities within the community. i i 4 . Mayor Tate to present a Plaque of Appreciation to Mr. H. J. � Harper, Jr. for his contributions to the Community while � serving on the Building Board of Appeals. � � i � CITIZENS REQUESTS NEW BUSINESS 5 . Consider an ordinance establishing an Economic Development Corporation for the purpose of funding corporate and non-profit activities not utilizing Industrial Development Bond procedures and take any necessary action. 6 . Consider approval of the proposed legislative bill to establish a Court of Record for the City of Grapevine, authorize Staff to submit the proposed bill to the 1991 Texas Legislature for consideration and take any necessary action. 7 . Consider authorization for the City Manager to enter into agreements with delinquent sewer/refuse customers to provide that all delinquent bills be paid within one (1) year and take any necessary action. 8 . Consider approval of the proposed Vehicle and Equipment Use Policy and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City - Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City � ! i Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. i ; 9 . Consider a resolution expressing opposition to Senate Bill � 3094 which establishes a National Noise Policy and limits ; the rights of local governments to establish localized noise � controls and ordinances. City Manager recommends approval. � � � 10. Consider establishing a Grapevine Lake Liaison Committee consisting of the following: liaison to the U.S. Army � Corps of Engineers, liaison to the Golf Course Advisory � Board, liaison to the Parks & Recreation Board, City � Manager, Police Chief, Parks & Recreation Director, Parks & i Recreation Board Chairman, and a City Attorney � representative to work with the U. S. Army Corps of Engineers € to develop usage plans for Corps ' property including usage � and consumption of alcoholic beverages in parks located j along Grapevine Lake. City Manager recommends approval. � 11 . Consider award of Bid 90-210 Janitorial Services to the � � lowest and best bidder meeting specifications, Executive � Janitorial Service, in the amount of $15,493. 00 for ' janitorial services and supplies for the Library, Finance, � and City Hall buildings . Staff recommends approval. 12 . Consider award of Bid 90-214 Fire Department Furniture to the lowest and best bid meeting specifications as follows: � � � VENDOR ITEM AMOUNT � Grapevine Office Supply l , 2 $ 3 ,196 .00 � Business Interiors/ � Miller Business Systems 3-19, 22-28 $11, 073 . 30 � west Equipment 20 , 21 $ 2 ,743 .00 � � Staff recommends approval. � 13 . Consider rejecting all bids submitted for the Main Street � Lighting Project due to insufficient funds. Staff i recommends approval. � � 14 . Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 relative to �" Stop Intersections by adding stop signs in the following subdivisions: � (472) Glade Crossing IV Addition � (473) Glade Crossing IV, Phase II (474) Saybrook Addition (475) Labrador Bay Estates (476) Austin Oaks Addition Director of Public Works recommends approval. i e i i i 15. Consider approval of an ordinance abandoning and vacating utility and drainage easements in Winding Creek Estates, Section II as described in the ordinance. Director of Public Works recommends approval. i 16 . Consider approval of the minutes of the October 2 , 1990 City � Council meetings as published. City Secretary recommends � approval. � a � � PLANNING & ZONING COMMISSION RECOMMENDATIONS � � 17. Consider the recommendation of the Planning & Zoning � Commission relative to Zoning Application Z90-09 (Rowbotham) � and a subsequent ordinance, if applicable. � � � 18 . Consider the recommendation of the Planning & Zoning � Commission relative to the replat of Lots 7 , 8 and portions � of Lots 3 and 4 , Block 15 , Original Town of Grapevine � (Rowbotham) and take any necessary action. � � 19 . Consider the recommendation of the Planning & Zoning � Commission relative to the preliminary plat of the Cluck � Property and take any necessary action. � � 20. Consider the recommendation of the Planning & Zoning � Commission relative to the final plat of the Capili Addition a and take any necessary action. � _ ; 21 . Consider the recommendation of the Planning & Zoning � Commission relative to the final plat of Western Oaks � � Estates, Section II and take any necessary action. � z a 9 � PURSUANT TO THE TEXAS OPEN MEETINGS ACT, VERNON' S TEXAS CIVIL � STATUTES, ARTICLE 6252-17 , ONE OR MORE OF THE ABOVE ITEMS MAY BE s CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY � DECISION HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN � SESSION FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. M � � MISCELLANEOUS REPORTS AND/OR DISCUSSION � ;5p 1 � ADJOURNMENT � � � � ., � � S ; � e g E � ,# � i � .s � a f � s i f i 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 12TH DAY OF OCTOBER, 1990 AT 5 : 00 P.M. ; E � � Lin a Huff ' City Secretary � s � s 3 i i � i ( , � 3 7 � 3 � � � M � � $p 3@ S � � f S s f d � 4 'r € �g 3 i � ! � � 6 • � i � a I � I � i i I i ` AGENDA i CITY OF GRAPEVINE, TEXAS ` REGULAR PLANNING & ZONING COMMISSION MEETING € � TUESDAY, OCTOBER 16 , 1990 AT 7 :30 P.M. ; CONFERENCE ROOM #204 ? 307 WEST DALLAS ROAD � � ; � NEW BUSINESS � � ; 1 . Consider Zoning Application Z90-09 (Rowbotham) and make a recommendation to the City Council. j � 2 . Consider the replat of Lots 7 , 8 and portions of Lots 3 and ` 4 , Original Town of Grapevine (Rowbotham) and make a � recommendation to the City Council. � � , 3 . Consider the preliminary plat of the Cluck Property and � make a recommendation to the City Council. � � 4 . Consider the final plat of the Capili Addition and make a � recommendation to the City Council. � � 5 . Consider the final plat of Western Oaks Estates, Section II : and make a recommendation to the City Council. � x � 6 . Consider proposed amendments to Comprehensive Zoning > Ordinance No. 82-73 , as amended, Section 12 Definitions, z Section 26 "HC" Highway Commercial District Regulations, � Section 29 "HCO" Hotel and Corporate Office District, °� Section 42 Supplementary District Regulations, and � Section 49 Special Use Permits and take any necessary � action. i � � � CONSIDERATION OF THE MINUTES � � ? 7 . Consider approval of the minutes of the September 18 , 1990 Planning & Zoning Commission meeting as published. � � � a MISCELLANEOUS REPORTS AND/OR DISCUSSION � , � s' ADJOURNMENT R � � - � � c r b I: X[' f � Y S STATE OF TEXAS , � COUNTY OF TARRANT CITY OF GRAPEVINE � _ � The City Council and Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 16th ; day of October, 1990 at 7 : 30 p.m. in the Council Chambers, � Municipal Court Room #205 , 307 West Dallas Road, with the � following members of the City Council present to-wit: ` � William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member �; C. Shane Wilbanks Council Member k Gil Traverse Council Member � Jerry L. Pittman Council Member � Will Wickman Council Member € � constituting a quorum, with the following members of the Planning � & Zoning Commission: Ron Cook Chairman Cathy Martin Member Larry Atchley Member Ervin Meyer Member Robert Hinson Member Michael Palpant Member constituting a quorum, with Commission Member Larry Oliver absent, with the following members of the City Staff: Mark S. Watson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER � Mayor Tate called the meeting to order at 7 :40 p.m. INVOCATION Commission Member Hinson delivered the Invocation. � ITEM 1 . PUBLIC HEARING, ZONING APPLICATION Z90-09, � MR. CARROLL H. ROWBOTHAM � � �Mayor Tate declared the public hearing open. Director of Community Development H. T. Hardy advised Zoning � Application Z90-09 had been filed by Mr. Carroll H. Rowbotham € �: � � � i 10/16/90 � x requesting rezoning of approximately 1 .08 acres from "CN" Neighborhood Commercial District Regulations to "LI" Light Industrial District. The subject property is located a 131 East Hudgins Street (Lot 8 , Block 15, Original Town of Grapevine) next to the Storage House/Self Storaqe. Mr. Hardy reported the concept plan depicts four (4) proposed buildings (total of 14, 025 square feet) to be constructed for usage as mini-warehouses. The applicant has submitted an application to the Board of Zoning Adjustment for several variances; therefore, the ordinance granting a zoning change would require two (2) readings. Mr. John Levitt, of John E. Levitt Engineers, Inc. , addressed the � City Council and Planning & Zoning Commission requesting favorable consideration of the zoning application to allow the applicant to expand his existing facilities. Mr. Carroll H. Rowbotham reviewed a slide presentation relative to the before and after of the storage facilities he currently operates on Hudgins. He noted that before the City wide rezoning in 1985, the property was zoned for mini-warehouses and he i requested favorable consideration of the zone change. � There were no questions from the City Council or the Planning & a Zoning Commission. � Mayor Tate invited those guests present to comment regarding the � zone change request. The following citizens spoke in favor of � j the requested rezoning: � l . Mr . J. T. Davis 2 . Mr. Bill Esslinger Regional Store & Lock Downtown Mini-Warehouse 173 S. Scribner 316 Barton City Secretary Linda Huff read the following letters into the record: � � ***************************************************************** October 16 , 1990 ' Grapevine City Council Planning & Zoning Commission Grapevine, Texas Re: Carroll H. Rowbotham Dear Sir: Please accept these comments on behalf of Carroll H. Rowbotham and the proposal he is bringing before you. When Mr. Rowbotham purchased the property in October, 1988 , the property was run down in need of paint with 2 �� 10/16/90 � � � weeds growinq not only on the area in question but � throughout the mini-warehouse. The occupancy rate was � less than 60$ which caused the previous owner' s � inability to service the debt and resulted in � foreclosure. � � � Since Mr. Rowbotham purchased the property it has been � upgraded with numerous improvements consisting of fresh paint, new roof and fence, plus the paving at the � entrance has been improved. The occupancy rate has � been raised to an acceptable level and it has become a � viable business providing a much needed service to the community. The economic development of the remaining 38 ,000 square feet is essential not only to this business but to the continued development of the rest r of the street. � � I feel that if you grant Mr. Rowbotham the variance he is requesting you will be pleased with the quality way he will develop this property and will turn another unattractive area in the city into a nice looking business property. Sincerely, � Robert O. Stewart President American Bank 1205 S. Main ***************************************************************** October 16 , 1990 City Council Planning and Zoning Commission City of Grapevine P. O. Box 729 Grapevine, Texas 76051 Dear Mayor, Councilmen and Zoning Commissioners, As owners of the property north of Lot Seven and north �' of the StorageHouse Self-Storage, we would support the zoning change on Lot 8 . The continued development of this self-storage facility would seem a proper use of Lot 8 . If Light Industrial zoning would allow for this expansion, then we don't �� see any reason why this request shouldn't be granted. We current rent two large storage stalls and feel there is a definite need for more mini-warehouses in Grapevine. 3 10/16/90 These changes appear to be reasonable and will further enhance the appearance and usefulness of the immediate neighborhood. ' Sincerely, John M. Smith Association Management Corporation 206 East College ***************************************************************** October 15, 1990 City Council Planning & Zoning Commission P. 0. Box 729 Grapevine, Texas 76051 Dear Mayor, Councilmen, and Zoninq Commissioners: I own Mustang Metals, 351 E. Hudgins, Grapevine. Our property adjoins Lot 8 , which is being re-zoned to Light Industrial for the purpose of expanding the StorageHouse Self-Storage at 131 E. Hudgins. j We are in favor of this zoning change and the proposed self-storage expansion. For years this property was a vacant lot and had been allowed to grow-up and was an ', eye sore (a snake pit) , since Mr. Rowbotham purchased this facility the lot has been cleaned up and has greatly improved the looks of things along Hudgins Street. I support this zoning change and think the expansion of the StorageHouse would be a good use of this lot. I encourage the Planning and Zoning Commission to approve this change along with the variance that would allow for the development of this property in the exact manner as the existing warehouse at 131 E. Hudgins. Sincerely, Phillip R. Murphy President Mustang Metals 351 East Hudgins ***************************************************************** i" I 4 10/16/90 � � �: � October 12 , 1990 �; _� � City Council � Planning and Zoning Commission �; R City of Grapevine, Texas `' P. 0. Box 729 Grapevine, Texas 76051 � Gentlepersons: � I encoura e ou to a rove the zoning change for the � g Y PP StorageHouse - Self Storage, located at 131 East Hudgins Street, Grapevine, Texas. My property adjoins The StorageHouse on the east side. As you may be aware for several years this facility was � operated as the "Space Place" under different owners and had been allowed to deteriorate and was in complete disrepair until Mr. C. H. Rowbotham purchased the property in 1988. Since then, he has made 1 ,000 percent improvement with the property (a silk purse from a sow' s ear) . A zoning change and the necessary variances to allow the exact same type development would be in order and would further enhance our neighborhood. I am in favor � of this zoning change. The StorageHouse is an asset to the Hudgins Street � neighborhood. I think there is a need for self-storage in Grapevine, in fact, we are tenants at this facility. Temporary storage can be a boon for a small business. Sincerely yours, �; Donald R. Botik � DRB Management Group, Inc. Aberdeen 113 East Hudgins � ***************************************************************** � � Commission Member Atchley, seconded by Commission Member Martin, � made a motion to close the public hearing. The motion prevailed � by the following vote: � € Ayes . Cook, Martin, Atchley, Meyer, Hinson & Palpant � Nays . None Absent: Oliver � E , 5 � £ � t � � � � � 10/16/90 Mayor Pro Tem Ware, seconded by Council Member Wickman, made a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 2. PUBLIC HEARING, REPLAT, ORIGINAL TOWN OF GRAPEVINE, LOTS 7 , 8 AND PORTIONS OF LOTS 3 AND 4, BLOCK 15 Mayor Tate declared the public hearing open. Assistant Public Works Director Stan Laster advised an application had been filed by Mr. Carroll H. Rowbotham for the replat of Lots 7 , 8 and portions of Lots 3 and 4, Block 15, Original Town of Grapevine into Lot 7R for the purpose of expanding his business located at 131 East Hudgins Street. Mr. Laster advised the applicant had submitted a letter requesting the replat application be withdrawn to the November 20, 1990 Joint City Council and Planning & Zoning Commission meeting due to a required second reading of the zoning ordinance. Commission Member Martin, seconded by Commission Member Palpant, made a motion to table the public hearing to November 20 , 1990 . The motion prevailed by the following vote: Ayes . Cook, Martin, Atchley, Meyer, Hinson & Palpant Nays . None Absent: Oliver Council Member Spencer, seconded by Council Member Wilbanks, made a motion to table the public hearing to November 20 , 1990. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks , Traverse, Pittman & Wickman Nays : None END OF JOINT PUBLIC HEARINGS Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider published business items. The City Council remained in session to consider business. ITEM 3. PRESENTATION, DFW SOCCER ASSOCIATION, PLAQUES OF APPRECIATION TO THE CITY OF GRAPEVINE Mr. Rueben Amezaga, President of the DFW Soccer Association, presented Plaques of Appreciation to the Grapevine City Council and the Parks & Recreation Board and Staff on behalf of the 800+ 6 �, �` 10/16/90 s � � youths that participate in the association' s soccer program. Mr. Amezaga commended the Council, Board and Staff for their support of the youth activities within the community and the excellent soccer facilities that are maintained by the City. r Mayor Tate accepted on behalf of the City Council and Parks & � Recreation Director Mark Mailes accepted on behalf of the Parks & �' Recreation Board and Staff. � x- ITEM 4 . PRESENTATION, PLAQUE OF APPRECIATION, MR. H. J. HARPER w �: Mayor Tate presented a Plaque of Appreciation to Mr. H. J. Harper, Jr. who has had a positive influence in the City by �: serving on numerous boards and committees since the early 1970 ' s. Mr. Harper served on the Building Board of Appeals, the Plumbing Board, the Electrical Board and Abatement of Dangerous Buildings Board. � ITEM 4A. CITIZENS REQUEST, MR. BOB WALL ' f; � Mr. Bob Wall, 216 Sorrell Trail, Keller, advised the City Council ' he had been elected to succeed Ms. Sue Hanley as President of the �; Grapevine Police Association. Mr. Wall expressed the interest of � the Association to work with the City Council and to be a � � professional service organization within the City. Mr. Wall commended the City Council' s action to establish a Court of x Record in the City of Grapevine noting that action would be beneficial to law enforcement within the area. He also expressed his concern that the proposed Vehicle and Equipment Use Policy � (if adopted) will not compromise operational procedures in the � Police Department, especially regarding the "take home car : policy. " He stated concerns regarding insurance coverage when using personal vehicles to conduct City business. � ITEM 5 . ORDINANCE, ESTABLISH GRAPEVINE ECONOMIC DEVELOPMENT CORPORATION, APPROVE ARTICLES OF INCORPORATION AND BYLAWS City Manager Mark S. Watson requested consideration of an ; ordinance creating a Grapevine Economic Development Corporation � (EDC) for profit or non-profit agencies that would not � incorporate use of the Industrial Development Corporation bond F � statutes and processes. The proposed corporation would allow the � � City to provide a financing vehicle under authorization by the �M; State and expedite the procedural review process directly to the � Texas Attorney General ' s Office. The issuance of debt by the EDC � for non-profit entities will not incur any debt upon full faith j •� and credit of the City of Grapevine. Projects such as hospitals, schools, non-profit programs and other commercial ventures would be eligible to participate with the new Economic Development ; 7 � e � €' � � �. 10/16/90 r= � ti: �' � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ` ORDINANCE N0. 90-61 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY �< OF GRAPEVINE, TEXAS, AUTHORIZING AND � APPROVING THE CREATION OF THE GRAPEVINE s ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO i THE TEXAS NON—PROFIT CORPORATION ACT; APPROVING THE ARTICLES OF INCORPORATION AND � APPOINTING THE INITIAL DIRECTORS THEREOF; ` APPROVING THE INITIAL BYLAWS THEREOF; � CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING TO THE SUBJECT; `' PROVIDING A SEVERABILITY CLAUSE ; DECLARING ;:` AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE � s, a ITEM 6 . AUTHORIZE LEGISLATIVE BILL TO ESTABLISH A COURT OF RECORD ' k � Municipal Court Administrator Nita Bond presented a proposed � legislative bill for the City Council ' s consideration for � submittal to the 1991 Texas Legislature for the creation of a �;, � Court of Record for the City of Grapevine Municipal Court. The � passage of the special bill by the Legislature would allow the City Council to tailor the statute to fit the specific needs of Grapevine, which flexibility would not be available under the � existing local option election statute. The proposed bill was drafted by Municipal Court Judge David A. Florence after a ' thorough review and analysis of the existing statutes creating � �° other Courts of Record. Contingent upon the bill being passed by � the Legislature and the adoption of a City ordinance, the City could begin operation of a Court of Record by June, 1991. Therefore, a budget amendment would be required to provide for implementation of the Court of Record. Ms . Bond stated that over a two year period, the increased revenue to the City would exceed the increased expenses for the Court. City Manager Watson stated he had spoken with Speaker Gib Lewis regarding the proposed bill and he will be able to present the bill to Speaker Lewis for prefiling for the 1991 Legislature' s consideration. Following brief discussion of the selection process for juries, �_ Council Member Wilbanks made a motion to approve the proposed �: legislative bill to create the Court of Record and authorize � Staff to proceed with submission to the Texas Legislature for ¢; consideration of the bill. Mayor Pro Tem Ware offered a second � to the motion which prevailed by the following vote: � ki. s: f� � 9 ` �' e � s- �: � � E � � 10/16/90 � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman t Nays: None f E ITEM 7 . AUTHORIZE DELINQUENT SEWER/REFUSE CUSTOMERS AGREEMENT � Finance Director Larry Koonce recommended that the City Council authorize the City Manager to enter into an agreement with ! delinquent sewer/garbage customers which would require that all prior and current billings for sewer and refuse service, plus 18� � APR on the unpaid balance of the delinquent service charges only, k be paid within a twelve (12) month period. All penalties owed & would be suspended for that twelve month period, at the end of � which time, if all terms of the agreement have been met, all � prior penalties would be waived. If a customer defaults on any � of the provisions of the agreement, the penalties are reinstated � retroactively and the account is immediately turned over to the � attorneys for the purpose of filing suit. These customers will � be given notification of this action and will have 30 days from � � the time of notification to enter into this agreement, failure to � do so will result in immediate legal action. � Mr. Koonce advised there are eleven (11) customers affected by � this agreement, they all reside in the Lake Grapevine Estates � subdivision and they are all on a private water system but have � sewer and refuse service with the City of Grapevine. Some of � these accounts are over ten (10) years old and histories range � from partial payments to previous agreements for payment which � haven't been honored or no payment since the account was opened. � � Council deliberation ensued during which Staff was requested to � closely monitor the payments and i� three (3) months lapsed ; between payments, Staff was to pursue the collection of the � accounts. Also, Council discussed the installments should be due � on the lOth of the month instead of the 20th. ' Council Member Wilbanks made a motion to adopt the Staff' s r proposal for the collection of delinquent refuse/sewer bills with ; the amendment that the payments be due on the lOth of the month, ; not the 20th. Council Member Pittman offered a second to the 4 motion which prevailed by the following vote: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None E i ITEM 8 . APPROVAL, VEHICLE AND EQUIPMENT USE POLICY i Fleet Manager Mark Sherrill recommended the City Council approve the proposed City of Grapevine Vehicle and Equipment Use Policy as presented to improve the overall operating economy. With the rising cost of vehicle replacements, maintenance, and fuel it has 10 i � i I�I � 10/16/90 � � �. .a become necessary for the City to establish specific guidelines � for the departments to follow when assigning vehicles for response to various City emergencies. Council Member Wilbanks reported the Personnel Committee had reviewed the proposed Vehicle and Equipment Use Policy. The � intent of the policy is not to prevent anyone from taking home a � vehicle that is on call to respond to an emergency, but to i provide perimeters for the vehicle take home policy. The � document provides flexibility and will be continually reviewed to rv meet the qoals of the City and Staff. � City Manager Watson stated adoption of the policy would provide � Staff with direction relative to the costs associated with vehicles. Also, if a personal vehicle is involved there are rv provisions for reimbursement at the IRS rate and Staff is ; encouraged to not utilize personal vehicles for City business. It r is not the Staff' s intent to impact or jeopardize the public ,'; safety in any way, but the proposal will allow prudent management ` and planning. K ; Council Member Spencer, seconded by Mayor Pro Tem Ware, made a ; motion to adopt the Vehicle and Equipment Use Policy. The motion ` prevailed by the following vote: �: �: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None `� s CONSENT AGENDA � The next order of business was for the City Council to consider the consent agenda items, which were deemed to need little or no � discussion and were acted upon as one business item. Mayor Tate �' asked if there was any member of the audience or the Council who wished to remove an item from the consent agenda for full �; discussion. Council Member Spencer removed Item 13 Reject Bids, Main Street Lighting Project. s' , Item 9 . Resolution, Opposing Senate Bill 3094 City Manager recommended approval of a resolution expressing `u opposition to Senate Bill 3094 which establishes a National Noise ' Policy and limits the rights of local governments to establish localized noise controls and ordinances. The caption of the proposed resolution was read into the record. 1 � Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to approve as recommended. The vote prevailed as a follows: ; 11 ` � �' !' (E� G � � I � 10/16/90 � � � � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None g RESOLUTION NO. 90-36 � � } A RESOLUTION OF THE CITY COUNCIL OF THE CITY x OF GRAPEVINE, TEXAS EXPRESSING CONCERN AND OPPOSITION TO THE CURRENT PROVISIONS OF ; SENATE BILL 3094 AS SUBMITTED BY THE � HONORABLE WENDELL H. FORD, CHAIRMAN OF THE i SUBCOMMITTEE ON AVIATION, COMMERCE, SCIENCE, � AND TRANSPORTATION OF THE UNITED STATES � SENATE; AND PROVIDING AN EFFECTIVE DATE � � � a ! � Item 10. Establish Grapevine Lake Liaison Committee � � City Manager recommended approval to establish a Grapevine Lake � Liaison Committee consisting of the following: liaison to the a U.S. Army Corps of Engineers, liaison to the Golf Course ; Advisory Board, liaison to the Parks & Recreation Board, City � Manager, Police Chief, Parks & Recreation Director, Parks & � Recreation Board Chairman, and a City Attorney representative to � work with the U.S. Army Corps of Engineers to develop usage plans � for Corps ' property including usage and consumption of alcoholic � beverages in parks located along Grapevine Lake. � � Mayor Pro Tem Ware, seconded by Council Member Traverse, offered � a motion to approve as recommended. The vote prevailed as ; follows: � s Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None ;a � :; � Item 11 . Award of Bid 90-210 , Janitorial Services � � Staff recommended award of Bid 90-210 Janitorial Services to the � lowest and best bidder meeting specifications, Executive � Janitorial Service, in the amount of $15, 493. 00 for janitorial ' services and supplies for the Library, Finance, and City Hall � buildings. � � Mayor Pro Tem Ware, seconded by Council Member Traverse, offered 2 a motion to approve as recommended. The vote prevailed as � follows: � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman `' Nays: None `s i � � 12 l 6 i � �' 10/16/90 � � � � :� Item 12 . Award of Bid 90-214 , Fire Department Furniture � �: Staff recommended award of Bid 90-214 Fire Department Furniture � to the lowest and best bids meeting specifications as follows: �, �; VENDOR ITEM AMOUNT �� Grapevine Office Supply 1 , 2 $ 3, 196 . 00 f Business Interiors/ � , Miller Business Systems 3-19, 22-28 $11 ,073 . 30 ` West Equipment 20, 21 $ 2 ,743 .00 �' � Mayor Pro Tem Ware, seconded by Council Member Traverse, offered k a motion to approve as recommended. The vote prevailed as � follows: � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � C' �' 5 ITEM 13. REJECT BIDS, MAIN STREET LIGHTING PROJECT s r: r, Council Member Spencer removed this item from the consent agenda G and it was discussed after Item 16 . � � Staff recommended rejecting all bids submitted for the Main E Street Lighting Project due to insufficient funds. Director of e F Public Works Jerry Hodge reported the engineer' s estimate for the ° project was $35 ,000 .00 and the bid received was $109 ,761. 98 due � to the electrical contractors bidding on the trenching and �; backfill and the restrictive time limit placed on the project. Mr. Hodge stated the project would be restructured for bid with � E; the City performing the trenching and backfill for the project, � which would require 3-4 people about three weeks. He also stated � the project would not impact any of the other City projects. �` �; Council Member Traverse, seconded by Council Member Spencer, offered a motion to approve the rejection of all bids submitted. The vote prevailed as follows: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None �� ; Item 14 . Ordinance, Amend Chapter 23 Traffic, Stop Intersections �: Director of Public Works recommended approval of an ordinance ,� amending the Grapevine Code of Ordinances, Chapter 23 Traffic, � Section 23-30 relative to Stop Intersections by adding stop signs ; � in the following subdivisions: � x r t @, 13 �: S' � � 4 10/16/90 t E :� ORDINANCE NO. 90-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING UTILITY AND DRAINAGE EASEMENTS IN WINDING CREEK ESTATES, SECTION II IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER DESCRIBED; ` PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE � � Item 16. Consideration of the Minutes City Secretary recommended approval of the minutes of the October 2 , 1990 City Council meetings as published. Mayor Pro Tem Ware, seconded by Council Member Traverse, offered � a motion to approve as recommended. The vote prevailed as " follows: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 17 . PLANNING & ZONING COMMISSION RECOMMENDATION � ZONING APPLICATION Z90-09 , MR. CARROLL H. ROWBOTHAM � �� Planning & Zoning Commission Chairman reported a vote of 6-0-1 to " approve the request of Mr. Carroll H. Rowbotham to rezone 1 .08 acres from "CN" Neighborhood Commercial District Regulations to "LI" Light Industrial District. The property is located on Lot 8 , Block 15, Original Town of Grapevine next to the Storage �': House/Self Storage (mini warehouses) at 131 East Hudgins Street. � The first reading of the caption of the proposed ordinance was read into the record. { Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve the first reading of the ordinance as recommended. The vote prevailed as follows: ; Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None ORDINANCE NO. 90-64 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, � THE COMPREHENSIVE ZONING ORDINANCE OF THE � CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, 15 � € � I 10/16/90 s � F 1 k { � � TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE WILLIAM DOOLEY SURVEY, ABSTRACT g N0. 422 , IN THE CITY OF GRAPEVINE, TEXAS, r � MORE FULLY AND COMPLETELY DESCRIBED IN THE = BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "LI" LIGHT INDUSTRIAL DISTRICT; CORRECTING � THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING ! THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT ; THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ; ($2 ,000 .00) FOR EACH OFFENSE AND A SEPARATE ; OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE ITEM 18 . PLANNING & ZONING COMMISSION RECOMMENDATION � REPLAT OF THE ORIGINAL TOWN OF GRAPEVINE, LOTS 7 , 8 AND ; PORTIONS OF LOTS 3 AND 4 , BLOCK 15 " Planning & Zoning Commission Chairman reported that the applicant � had requested this item be withdrawn. The Commission voted to ; allow the reoutheast corner of the of Heritage Avenue and Western Oaks Drive intersection. A ; single-family residential development, containing 89 lots, is � planned for the property. � � Council Member Spencer, seconded by Council Member Traverse, made a motion to accept the Commission' s recommendation and approve the final plat. The vote prevailed as follows: � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None 3 @ MISCELLANEOUS REPORTS AND/OR DISCUSSION � � ITEM 22 . WORTH STREET PARKING � � � Council Member Spencer requested Staff review the � concerns expressed by citizens regarding the parking on ; Worth Street and make a recommendation to resolve the situation. i i 16 'r 3 � i 's s � 10/16/90 �' � ;: r` ri,, ADJOURNMENT � Council Member Traverse, seconded by Mayor Pro Tem Ware, made a P motion to adjourn at 9 :25 p.m. The motion prevailed as follows: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman �` Nays: None i PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, g TEXAS on this the 6th day of November , 1990 . � � � APPROVED: f �� William D. Tate � Mayor � � � ATTEST: " f: � i; � ► E *?� � Linda Huff � F City Secretary ' � � � � � � � 4 L { E' sl S s � i f' { i i '. y; [ 6 f 17 � � � k �t . 6 i - 1 � ; _ � MINUTES AND CERTIFICATION � . , i , STATE OF TEXAS § . 1 § . ; CITY OF GRAPEVINE § , i % On this the 16th day of October, 1990, the City Council ' of the City of Grapevine, Texas (the "City Council" ) , convened � in Regular Meeting at the regular meeting place thereof, the { meeting being open to the public and notice of the meeting J giving the date, place and subject thereof having been posted � as prescribed by Article 6252-17, TEX. REV. CIV. STAT. ANN. , as � amended, and the roll was called of the duly constituted � officers and members of the City Council, which are as follows, � to-wit: ' William D. Tate, Mayor Shane Wilbanks ) jTed Ware, Mayor Pro Tem Sharron Spencer ) � Mark Watson, City Manager Gil Traverse ) Council Linda Huff, City Secretary Jerry Pittman ) Members Will Wickman ) � and all of such persons were present, except the following � absentees: None , thus � �� constituting a quorum. Whereupon, among other business, the � following was transacted, to-wit: A written Ordinance bearing I the following captioned was introduced: a � An Ordinance of the City Council of the City � of Grapevine, Texas, Authorizing and � Approving the Creation of the Grapevine � Economic Development Corporation Pursuant to the Texas Non-Profit Corporation Act; Approving the Articles of Incorporation and � Appointing the Initial Directors Thereof; � Approving the Bylaws Thereof; Containing � Other Provisions and Making Certain Findings Relating to the Subject; Providing a ; Severability Clause; Declaring an Emergency; ? and Providing an Effective Date � ; � The Ordinance, a full, true and correct copy of which is jattached hereto, was read and reviewed by the City Council. � � Upon motion duly made and seconded, the Ordinance was � fully passed and adopted by the following vote: AYES: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman �' NOES: None ABSTENTIONS: None � 0776X/1 ; ;� � {� l 1 The Presiding Officer then declared the Ordinance passed :, and approved and signed the same in the presence of the City Council. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the City Council, and the attached and following copy of � said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City of Grapevine, all on this October 16, 1990 . � _ Mayor, { City of Grapevine, Texas � ,; I ATTEST: � , j - { i y Secretary City of Grapevine, Texas � [SEAL] ;i 1 . � � :,. , a � I. � i � � . � -2- 0776X/2 � ! li � - EXHIBIT "A" TO COUNCIL j MINUTES OCTOBER 16 , 1990 { � i ORDINANCE N0. 90-61 � ,;�- � � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF GRAPEVINE, TEXAS, AUTHORIZING AND � APPROVING THE CREATION OF THE GRAPEVINE � ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO � THE TEXAS NON-PROFIT CORPORATION ACT; I APPROVING THE ARTICLES OF INCORPORATION AND ,� APPOINTING THE INITIAL DIRECTORS THEREOF; APPROVING THE INITIAL BYLAWS THEREOF; CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, this City Council (the "City Council" ) of the City of Grapevine, Texas (the "City" ) , as a home rule city acting pursuant to its duly adopted home rule Charter (the "Charter" ) and the general laws of the State of Texas, has determined, and hereby determines that the public interest of :� its citizens requires that it, from time to time, provide � financing for the promotion of economic development of the � City by issuing tax-exempt obligations which are not secured + by the pledge of the credit of the City; � WHEREAS, the City Council desires to authorize and approve the creation of a nonprofit corporation (the "Corporation" ) to assist the City in the promotion of such � economic development; and � WHEREAS, the City Council is authorized to approve the creation of a nonprofit corporation pursuant to the Texas Non-Profit Corporation Act, Article 1396-1.01, et seQ. , TEX. REV. CIV. STAT. ANN. , as amended (the "Act" ) to act on behalf � of the City as its duly constituted and authorized authority and instrumentality for the purposes of the Act; and � WHEREAS, pursuant to the Act the Corporation will have � all the power granted thereby, including the power to issue notes, bonds and other obligations on behalf .of the City to � accomplish the purposes of the Corporation; and ; WHEREAS, the City Council has found and determined that � all prerequisites of law have been satisfied; and , ;j WHEREAS, the City Council by this Ordinance intends to take all steps necessary and prerequisite to the creation of the Corporation; and Ij ; WHEREAS, this meeting is open to the public as required I by law, and public notice of the time, place and purpose �of � I� 0776X/3 � I i � _� . ' � � this meeting was given as required by Article 6252-17, Vernon' s Annotated Texas Civil Statutes, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: I Section 1. That the findings and declarations � contained in the preambles of this Ordinance are incorporated I herein as part of this Ordinance. Section 2 . That the City Council hereby finds and determines that it is advisable and in the public interest and benefit that the City, acting under the authority of its duly adopted home rule charter and the general laws of the State of Texas, from time to time, provide needed tax-exempt financing for the purposes of promoting economic development in the City. Section 3. That the City Council hereby finds and determines that it is advisable and in the public interest and benefit that the Corporation, to be named the "Grapevine Economic Development Corporation, " be and is hereby authorized and created with the powers granted in the Act to act on behalf of the City as its duly constituted authority and instrumentality. Section 4 . That the City Council hereby approves the Articles of Incorporation (the "Articles" ) for the Corporation in substantially the form and substance attached hereto as Exhibit A and authorizes the incorporator or incorporators thereof to file the Articles with the Secretary of State of Texas in accordance with the Act; provided that, in the event the name chosen for the Corporation is not available, the incorporator or incorporators are authorized to change the name without the further approval of this City Council. Section 5. That the City Council hereby appoints those persons named in the Articles, each of whom on the date of his appointment . is duly qualified in accordance with the Act, to serve as the initial members of the Board of Directors of the . Corporation, such service to be at all times subject to the powers of the City under the Act and the Articles . Section 6 . That any and all bonds, notes . or other obligations issued by the Corporation shall contain a provision, condition or recital substantially to the effect that they shall never be deemed to be or create an indebtedness or liability of, or a special, general or moral obligation payable out of any funds of, the City, and that they shall be payable solely out of funds and properties pledged thereto. Section 7 . That it is intended that the Corporation be a duly constituted authority and instrumentality of the City with the power to act on its behalf within the meaning of -2- o7Tbx�4 >� ;� - � � i `l �- regulations and revenue rulings of the Internal Revenue Service of the United States promulgated under Sections 103 and 115 of the Internal Revenue Code, as amended. � ; j Section 8. That the City Council hereby approves the initial Bylaws for the Corporation in substantially the form and substance attached hereto as Exhibit B. � Section 9 . That if an section artic y , le, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid , or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it � would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain � in full force and effect. Section 10 . That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and � general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of .. � the public business, property, health, safety and general � welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage, and it � is accordingly so ordained. I � � PASSED AND APRPOVED by the City Council of the City of � Grapevine,Texas this the 16th day of October, 1990. � Mayor, City of Grapevine, Texas . i � � � � ATTEST: . . ; � . � i Secretary, � � City of Grapevin , Texas . � [SEAL] � � � APPROVED AS TO FORM: � � �. � City Attorney, � � City of Grapevine, Texas � r � : -3- � 1 0776X/5 � :; � I - EXHIBIT "A" TO ORDINANCE N0. 90-61 ARTTCLES OF INCORPORATION _ _ OF � _ � GRAPEVINE ECONOMIC DEVELOPMENT CORPORATION � I, the undersigned natural person, who is at least 18 years of age and who is a citizen of the • State of Texas, as incorporator of a corporation under the Texas Non-Profit Corporation Act, Article 1396-1. 01 et secx. TEX. REV. CIV. STAT. ANN. , as amended (the "Act" ) , do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I The name of the Corporation is "Grapevine Economic Development Corporation" (the "Corporation" ) . ARTICLE II The Corporation is a nonprofit corporation. ARTICLE III � The duration of the Corporation is perpetual . ARTICLE IV The Corporation is organized for the purposes of assisting the City of Grapevine, Texas (the "City" ) , in promoting economic development for industrial, commercial, trade, scientific, educational and other economic enterprises to promote and encourage employment, education and the public welfare of, for, and on behalf of the City, all to be done as the duly constituted authority of the City. � � In fulfilling its corporate purpose, the Corporation may exercise all powers granted under the Act, including the issuance of bonds, notes or other obligations ( "Obligations" ) , ' which Obligations shall be deemed to have been issued on behalf of the City. Such Obligations shall not constitute obligations of the City, but shall be payable solely out of the revenues - and receipts derived from the projects financed by the Obligations. The City shall never be liable for the payment of principal, premium or interest on any Obligations issued by the Corporation. L1� . � ` . . _..__ ARTICLE V The Corporation shall have no members and is a nonstock corporation. . 0776x/6 , � 1 � - . I � � < V ARTICLE I The street address of the initial registered office of the Corporation is 413 Main Street, Grapevine, � Texas 76051, and � the name of the initial registered agent at such address is 1 Mark Watson. , I .i ARTICLE VII � All powers of the Corporation shall be vested in a Board of Directors, each of whom shall be appointed by the governing body of the City. The number of Directors and the terms of office shall be fixed by the bylaws of the Corporation consistent with the Act. The Directors shall serve without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their official � duties . � All other matters pertaining to the internal affairs of � the Corporation shall be governed by the bylaws of the � Corporation so long as such bylaws are not inconsistent with these Articles of Incorporation or any law. Such bylaws and any amendments thereto shall be approved by the governing body of the City. � ARTICLE VIII � � The number of directors constituting the initial Board of Directors is three. The names and addresses of the initial directors are: NAME: ADDRESS: Larry Oliver . , 100 Crosscreek Drive � � - Grapevine, Texas 76051 � William D. Tate 1200 S. Main Street • Suite 1200 1 _ .;- , Grapevine, Texas 76051 --�.Y..- ..--- �.. � Ted Ware 1322 Bellaire Drive .�---• : .. -�-. Grapevine, Texas 76051 _ . __ ARTICLE IX � ._ . ' The name and street address of the incorporator is: � NAME: ADDRESS: William D. Tate 1200 S. Main Street Suite 1200 Grapevine, Texas 76051 � -2- � 0776x/7 � ARTICLE X On October 16, 1990, the governing body of the City (the � "City Council" ) duly adopted an ordinance approving the form and substance of these Articles of Incorporation, approving the creation of the Corporation, and authorizing the Corporation to act on its behalf to further the public purposes stated in the ordinance and these Articles of Incorporation. � ARTICLE XI These Articles of Incorporation may at any time and from time to time be amended in the manner provided in the Act with the approval of the City Council. ARTICLE XII No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement the public purposes of the City for which the Corporation has been created) shall be distributed to or inure. to the benefit of its directors or officers or any private person, firm, corporation or association except in reasonable amounts for services rendered. In the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance all or part of the cost of a project, then any net earnings of the Corporation thereafter accruing with respect to any project shall be paid to the City. No substantial part of the Corporation' s activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements) , any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE XIII , If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights _ � thereto shall not be transferred to private ownership but shall � be transferred and delivered to, and shall vest in, the City after satisfaction or provision for satisfaction of debts and iclaims have been made, as authorized by Article 1396-6 . 02A. (3) � of the Act. i - I � I I . i . 'I -3- 0776X/8 . � � _. ;� I � � IN WITNESS WHEREOF, I have hereunto set my hand �� this 16th day of October , 1990. _. -� . .. :-- . _ � _. .- . - �_ .._ _ . -. _ : . . �_ 1 . � . . 1 Incorporator `i '� STATE OF TEXAS § � § ' COUNTY OF TARRANT § � - j I, the undersigned, a Notary Public of the State of ' Texas, do hereby certify that on this 1F'�' day of October, j 1990, personally appeared before me William D. Tate, who, being � by me first duly sworn, declared that he is the person who signed the foregoing document as an ineorporator and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal { the date and year above written. 1 , _ d.�ci Notary Public, S of Texas My Commission Expires: ' �� ' ��i ' ��`J Xxxxxxxxxxxxxxxx:.;.xxxxxxxxxxxxxxxxxX ; [5EAL] z ;°�Pp�wB�,� LINOA HUFF X x � Notary Pubfic-Stale ot fexas X x � X ��qTF�.�..�E±P; My Catranission Expires 12/16/90 z . . x ,,..u,��.,�- { xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx � . _ .._�.- . � -4- o7tax�v - EXHIBIT "B" TO ORDINANCE N0. 90-61 BYLAWS > f OF GRAPEVINE ECONOMIC DEVELOPMENT CORPORATION ARTICLE I POWERS AND PURPOSES Section 1. 1 . Issuance of Obligations; Financing of Projects . In order to implement the purposes for which the Grapevine Economic Development Corporation (the "Corporation" ) was formed, as set forth in its Articles of Incorporation, the Corporation may issue obligations to finance all or part of the cost of one or more projects pursuant to the Texas Non-Profit Corporation Act, Article 1396-1. 01 et sea. TEX. REV. CIV. STAT. ANN. , as amended (the "Act" ) , upon compliance with all provisions thereof. Section 1.2 . Books and Records : Ap�roval of Programs and FinanciaT Statements . The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committee� having any of the authority of the Board of Directors . All books and records of the Corporation may be inspected by any director or his or her agent or attorney for � any proper purpose at any reasonable time; and at all times the City Council (the "Governing Body" ) of the City of Grapevine, Texas (the "City" ) , will have access to the books and records of the Corporation. The City shall be entitled to approve all programs and expenditures of the Corporation and annually review any financial statements of the Corporation. Section 1. 3 . Local Regulations . The Corporation, by action of the Board of Directors, with the approval of the � Governing Body, shall be authorized to promulgate, implement � and amend local regulations governing the receipt, processing and approval of applications for financial participation in development projects and prescribing the fees to .be paid by applicants in amounts reasonably estimated � to pay the ministerial and staff costs and expenses of the Corporation, plus reasonable reserves therefor. Section 1.4 . Staff Func�ions . Staff functions for the Corporation may be �performed by the City, as directed by the Governing Body, and the Corporation, from fees collected by it, shall pay the amount of costs for such services as from time to time .shall be billed to the Corporation by the City. Section 1 .5 . Powers in General . The Corporation may . exercise all powers granted under the Act, consistent with its Articles of Incorporation. 0776X/10 � � � � . � � ARTICLE II � SOARD OF DIRECTORS � � 1 � Section 2 . 1. Anpointment, Powers, Number and Term of � Office. The Board of Directors shall exercise all of the � powers of the Corporation, subject to the restrictions imposed by law, the Articles of Incorporation and these Bylaws . 1 The Board of Directors shall consist of three directors, each of whom shall be appointed by the Governing Body. The term of each directorship (including the initial directors) is six years . No director shall be appointed to serve for a term of more than six years . � The directors constituting the first Board of Directors � shall be those directors named in the Articles of Incorporation, each of whom, as well as any subsequent directors, shall serve for the term to which he or she is appointed or until his or her successor is appointed by the � Governing Body. � Any director may be removed from office at any time by the Governing Body, for cause or at will. Any vacancies occurring in the Board of Directors shall be filled by appointment by the Governing Body. Section 2 .2 . Meetings of Directors . The Board of Directors may hold its meetings at any place authorized by the Act, as the Board of Directors may from time to time determine; provided that, in the absence of any such determination by the � Board of Directors, the meetings shall be held at the principal office of the Corporation. The Board of Directors shall conduct its meetings in accordance with the requirements of the Act. � i Section 2 . 3 . Regular Meetinas . Regular meetings of the Board of Directors shall be held at such times and places as shall be designated, from time to time, by resolution of the Board of Directors . Notice of regular meetings need not be � given to Directors, but if notice is required by law to be � given to anyone else, such notice will be given in the manner � prescribed by law. . Section 2 .4 . Special Meetincrs . Special meetings of the Board of Directors shall be held whenever called by the president, by the secretary or by a majority of the directors then in office or upon advice of or request by the Governing Body.- {� The secretary shall give notice to each director of each ! special meeting in person, or by mail, telephone or telegraph, � at least two hours before the meeting. Notice required by law � -2- � � 0776X/11 � � - to be given to anyone else shall be given in the manner prescribed by law. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted� upon at a special meeting. At any meeting at which every director is present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon. Section 2 .5 . uorum. A majority of the directors fixed by these Bylaws shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. Section 2 . 6 . Conduct of Business . At the meetings of the Board of Directors, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board of Directors may determine. Section 2 . 7 . Compensation of Directors . Directors shall not receive any compensation for their services as directors except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties . ARTICLE III OFFICERS Section 3. 1. Titles and Term of Office. The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Each officer shall be appointed by a majority vote of the directors then in office and shall hold office for a term of three years or until his or her successor is elected or appointed. All officers shall be subject to removal �from office with or without cause at any time by a majority vote of the directors then in office. A vacancy in any office shall be filled by appointment by a majority vote of the directors then in office. Section 3 .2 . President. The president shall be the chief executive officer of the Corporation, and, subject to the Board of Directors, the president shall be in general charge of the properties and affairs of the Corporation; the president shall preside at all meetings of the Board of Directors; . in -3- � 0776X/12 � i furtherance of the purposes of this Corporation, the president may sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. l ' Section 3. 3 . Vice President. The vice president shall have such powers and duties as may be assigned by the Board of Directors and shall exercise the powers of the president during i the president' s absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be eonclusive evidence' of the absence or inability of the president to act at the time such action was taken. ;j Section 3 .4 . Treasurer. The treasurer shall have .� custody of all the funds and securities of the Corporation that � come into his or her hands . When necessary or proper, the treasurer may sign or endorse, on behalf of the Corporation, for collection or payment, checks, notes and other obligations and shall deposit any funds received to the credit of the Corporation in such bank or banks or depositories as shall be � designated by the Board of Directors; whenever required by the Board of Directors, the treasurer shall render a statement of the treasurer' s cash account; the treasurer shall enter or cause to be entered regularly in the books of the Corporation to be kept by the treasurer for that purpose full and accurate amounts of all monies received and paid out on account of the Corporation; the treasurer shall perform all acts incident to the position of treasurer subject to the control of the Board of Directors; the _ treasurer, if required by the Board of Directors, shall give such bond for the faithful discharge of his or her duties in such form as the Board of Directors may require. Section 3 .5 . Secretarv. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose; the secretary shall attend to the giving and serving of all notices; in furtherance of the purposes of this Corporation, the secretary may sign with the . president in the name of the Corporation, or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other _ instruments of the Corporation; the secretary shall have charge of the corporate books, records and securities of which the treasurer shall have custody and charge, and such other books and papers as the Board of Directors may direct, all of which shall at all reasonable times be open to inspection upon application at the office of the Corporation during business hours; and the secretary shall in general perform all duties , incident to the office of secretary subject to the control of the Board of Directors . -4- , 0776X/13 � � _ In the absence of the secretary, the president may appoint any person other than the president, to act as secretary during_ such-absence. Section 3. 6 . Compensation. Officers . as such shall not receive any compensation for their services as officers except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties . ARTICLE IV PROVISIONS "REGARDING BYLAWS Section 4 . 1. Effective Date. These Bylaws shall become effective only upon the occurrence of the following events: ( 1) the approval of these Bylaws by the Governing � Body; and � i (2) the adoption of these Bylaws by the Board of Directors . Section 4 .2 . Amendments to Bylaws . These Bylaws may be amended at any time and from time to time by a majority vote of the directors then in office with approval of the City by resolution of the Governing Body, or at the sole discretion of the Governing Body. Section 4 . 3. Interpretation of Bylaws . These Bylaws shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance. shall not be affected thereby. ARTICLE V GENERAL PROVISIONS . Section 5 . 1. Principal Office. The principal office of the Corporation shall be located at City Hall, 413 Main Street, Grapevine, Texas 76051. --- - -- - - Section 5 . 2 . Fiscal Year. The - fiscal year of the Corporation shall be as determined by the Board of Directors . Section 5 . 3 . Seal . The seal of the Corporation shall be as determined by the Board of Directors . . -5- 0776X/14 ,� 1 � j Section 5 .4 . Notice and Waiver of Notice. Whenever any r- notice whatsoever is required _ to . be- _ given to the Board of � Directors under the Act, the Articles of Incorporation or these y Bylaws, such notice shall be deemed to be sufficient if given 3 by depositing it in a post office box in a sealed postpaid f wrapper addressed to the person entitled thereto at his or her � post office address, as it appears- on the books of the j Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a �iir�ct9r at a meeting shall constitute a � waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the � transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in ; writing, signed by the person or persons entitled to notice, � whether before or after the time stated therein, shall be { deemed equivalent to the giving of such notice. � � ; Neither the business to be transacted at nor the purpose ' of any regular or special meeting of the Board of Directors � need be specified in the notice of such meeting, unless , required by the Board of Directors. � � ; If any notice whatsoever is required to be given to the j public by law, such notice shall be given in the manner " prescribed by law. � - � Section 5.5 . Resignations. Any director or officer may � i resign at any time. Such resignations shall be made in writing � and shall take effect at the time specified therein, or, if no � time be specified, at the time of its receipt by the president � or the secretary. The acceptance of a resignation shall not be i necessary to make it effective, unless expressly so provided in � j the resignation. ; Section 5 . 6 . Ap�roval of the Governing Body. To the ; extent these Bylaws refer to any approval or other action to be � taken by the City, such approval or action shall be evidenced ; by a certified copy of a resolution, order or motion duly ; adopted by the Governing Body. . � Section 5.7 . Action Without a-Meeting of Directors . Any � ' action that may be taken at a meeting of the Board of Directors may be taken without a meeting�.if a consent in-w�iting, setting � forth the action to be taken, i�_ signed,. l�y all of the directors � then in office. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any ? articles or document filed with the Secretary of State or any 'i other person. � � � . ,' i � - i -6- I i 0776X/15 i , I � i Section 5 . 8. Organizational Control. The City, at its sole discretion, and at any time, may alter or change the structure, organization, programs or activities of the Corporation (including the termination of the Corporation) , subject to any limitation on the impairment of contracts entered into by such Corporation. Section 5 . 9 . Dissolution of the Corporation. Upon dissolution of the Corporation, title to or other interests in any real or personal property owned by the Corporation at such time shall vest in the City. -7- 0776X/16