HomeMy WebLinkAboutOrdinances (O-90-800)-03/26/1990
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ORDINANCE 0-90-800
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF ABSTRACT 439 C.C. DOSS SURVEY, ABSTRACT
1034, G.W. MINTER SURVEY (14.387 ACRES) TO THE CITY OF COLLEYVILLE,
TEXAS FROM AG TO PUD-R; PROVIDING A PENALTY AN AUTHORIZING
PUBLICATION.
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WHEREAS, an application for zoning change was filed by LTD
Industries, Inc., on August 6, 1990 under Case No.
Z-90-845, and,
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WHEREAS, notice of a hearing before the Planning and Zoning
commission was sent to real property owners within 200
feet of the property herein described at least 10 days
before such hearing; and,
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WHEREAS, notice of a public hearing before the City Council was
published in a newspaper of general circulation in
Colleyville at least 15 days before such hearing; and,
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WHEREAS, notices were posted on the subject land as provided by
the zoning ordinance; and,
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WHEREAS, public hearings to change the zoning and the Master Plan
on the property herein described were held before both
the Planning and Zoning commission and the City Council,
and the Planning and Zoing Commission has heretofore made
a recommendation; and,
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WHEREAS, the City Council is of the opinion that the zoning change
herein effectuated furthers the purpose of zoning as set
forth in the Zoning Ordinance and is in the best interest
of the citizens of the City of colleyville;
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NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the city of
Colleyville, Texas, and the accompanying Zoning Map (as
indicated in Exhibit A) are hereby amended insofar as
they relate to certain land located in Colleyville,
Texas, and described by metes and bounds (Exhibit B) as
follows:
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Ordinance 0-90-800
Page 2
Exhibit "All
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PLEASA T
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Ordinance 0-90-800
Page 3
Exhibit "B"
FIELD NOTES
BEING a tract of land situated in the C. C. Doss Survey, Abstract
No. 439, and the G. W. Minter Survey, Abstract No. 1034, City of
Colleyville, Tarrant County, Texas, said tract being a combina-
tion of the Grubbs Addition filed in Volume 388-214, Page 41,
Plat Records, Tarrant County, Texas, and the Four D's Addition
filed in Volume 388-150, Page 73, Plat Records, Tarrant County,
Texas, a Combination Final Replat of Lots 1 and 2, Block 1,
Georjan Plantation Estates Addition, filed in Volume 388-218,
Page 35, Plat Records, Tarrant County, Texas, and being more
particularly described as follows:
BEGINNING at an iron rod found at the southwest property corner
of said Grubbs Addition, said iron rod also being the north
right-of-way of Glade Road (a variable ROW), and being in the
east line of a tract of land owned by D. B. Brown filed in Volume
3901, Page 236, Deed Records, Tarrant County, Texas;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
N 00008'15~ W along a common property line of said
Grubbs Addition and D. B. Brown tract a distance of
1,252.16 feet to an iron rod found, said iron rod also
being in the south property line of Country Side
Estates filed in Volume 388-152, Pages 45 and 46, Plat
Records, Tarrant County, Texas;
S 88047'54~ E along a common property line of said
Grubbs Addition and Country Side Estates a distance of
364.18 feet to an iron rod found, said iron rod also
being in the west property line of Fox Meadows Addition
filed in Volume 388-202, Page 37, Plat Records, Tarrant
County, Texas;
S 00008105~ W along a common property line of said
Grubbs Addition and Fox Meadows Addition a distance of
239.82 feet to an iron rod found, said iron rod also
being the northwest property corner of the Four D's
Addition filed in Volume 388-150, Page 73, Plat
Records, Tarrant County, Texas;
N 89056'30~ E along a common property line of said
D's Addition and Fox Meadows Addition a distance
170.97 feet to an iron rod set, said iron rod
being the northeast property corner of said Four
addition and the northwest property corner of Lot
Block 1, Pleasant Acres filed in Volume 388-158,
78, Plat Records, Tarrant County, Texas;
S 00010'05~ E along a common property line of said Four
D's Addition and Pleasant Acres a distance of 1,009.62
feet to an iron rod found in the north right-of-way of
Glade Road;
N 89039'31~ W along the north right-of-way of Glade
Road a distance of 169.86 feet to an iron rod found;
N 89024'50~ W along said north right-of-way a distance
of 364.63 feet to the POINT OF BEGINNING and containing
626,675.753 square feet or 14.387 acres of land.
Four
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Ordinance 0-90-800
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by changing the zoning thereof from AG to PUD-R, together
with all site plans, supporting documents, and other
conditions and restrictions imposed by and approved by
the Council, which are incorporated herein by reference.
Exhibit "C-l" Proposed Deed Restrictions and Convenants;
Exhibit "C-2" Proposed Homeowners Association Bylaws;
Exhibit "D" site Plan; Exhibit "E" PUD-R zoning
Application. Exhibit "F" Development Schedule
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Any person, firm or corporation violating any of the
provisions of this ordinance as read together with the
Zoning Ordinance of the City of Colleyville and
accompanying official Zoning Map thereto shall be guilty
of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars
($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be
punishable as such.
Sec. 2.
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Sec. 3.
The City Secretary is hereby authorized and directed to
cause publication of the descriptive caption and penalty
clause hereof as an alternative method of publication
provided by law.
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The fiFS~ re~ding and public hearing being conducted on the 16
day of~Uj.nJ!/tjrj, 1990. 'I?
The seco~ readi~g and public hearing being conducted on the !?,;
day of ' I/}U.-<4__l-<. , ~ / qy I /-1
The thir eadin and pUblic ~7a,.ing gein9. c9nducted on the dJ. t J./
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ATT 6T ~. .~/ , CIT~ OF COLLEYVILLE
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LaVada Johnson Chris Hawkins
city Secretary Mayor
AND IT IS SO ORDERED.
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AP~d ItW:-"_:~litY:
Ross T. Foster, City Attorney
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DECLARATION OF RESTRICTIONS, COVENANTS~ AND
';Qt'!QJ.UPNlS. Qf tJ.O~.kQWnH.QQ1S
THE STATE OF TEXAS
COUNTY OF' TARRANT
KNOW ALL MEN BY THESE PRESENTS:
THIS DECLARATION made this 1st day of January, 1991~ by LTD
INDUSTRIES, INC., a Texas corporation, hereinafter called
"Developer" .
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The land to which thase Restrictions apply is described as
follow~: Situated in Tarrant County, Texas, and being ALL LOTS
AND ALL BLOCKS, HOLLOW8ROOK. an Addition to the City of
Collevville, Tarrant County, Texas, according to the plat
thereof recorded in ._...___.
____.__..__ Pla 1. Hecords,
Tarrant County, Texas.
B.n.t~_ Q.Q.~.D.~.Cl.t.!:l
Each of the specifically numbered Lots shown upon the abovB
de~crlbed recorded residential subdivision shall be impressed
with the following restrictions, covenants and conditions for
the purpose of carrYing out a general plan of development and
maint~n~nce of the premises:
1. All dwellings shall be constructed to front on the
~LnH;lt.. on wllich t..he Lot front.s unless any I.ot in qllestion fronts
on two streets in Which case the dwelling constructed on such
Lot shall front, as the Architectural Control Committee may
approve.
2. All dwellings shall be erected and maintained behind
the building line shown on the Lot.
3. No dwelling shall be erected or maintained nearer than
ten (10) feet from the side line of any Lot or as approved
otherwise by the Architectural Control Committee.
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4. The Air Conditioned floor area of any Livi,ng Unit shall
not be less than the following: Living Units of 3,000 square
feet on lots 1 thru 7 Block 2, Living Units of 3,000 square feet
on Lots a thru 15 Block 2, and Living Units of 3,000 square feet
on Lots 1 thru 4 Block I, with a deviation of 10% if approved by
the Architectural Control Committee.
5. All dwellings shall be constructed of stone, masonry.
brick, or of a glass building material of the kind usually used
for outside wall con~tr-uction, to the extent of at least eighty
Pi:lt'L.:~"t (80%) of the araa of the total structure. All
fireplaces and chimney flues shall be covered with stone or
masonry.
6. No dwelling or fence shall be erected or maintained on
any Lot until the building plans and $pecification for same and ~,
a plot plan showing the propo~ed location of same have be~n
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approved by the Architectural Control Committee. This section
s;h/;lll be applicable to initial constructi.on and to alte.--atiotls,
Changes and additions at any tima SUbsequently made. Roofs
ShAll bu t,ilt:t ur' uLhtH. lIIi.tl.erials, other than wood cedar Shingles
as approved by the Architectural Control Committee. In no case
shall the Architectural Control Committee's approval of proposed
improvements be unreasonably withheld.
7. Only concrete or masonry driveways will be approved.
All driveway and walkway installations must exercise proper
drainage techniques.
a. No fence, wall or hedge shall be plAced on any Lot
ntlarer to the fr.ont 5treet than is parmi.tted for the house on
said Lot; no fence wall or hedge shall be placed on any portion
of thl:' silt:tl:S with a greater height than eight feet (s') and no
wire or woven fence is permitted on any part of any Lot, except
as otherwise approved by the Architectural Control Committee.
Special more restrictive fencing requirements may be imposed on
lot sides contiguous with 5treet. FenCes shall be c~nstructed
so that sides containing structural supports are not visible
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from right of way. Should a hedge, shrub, tree, /lower or other
planting be so placed, or afterwards grown, so as to encroach
upon adjoining property. such encroachment shall be removed upon
r.equ~st of the owner of the adjoining property,
9. All Lots shall be used for single-family residential
purposes only. No building shall be erected, altered, placed or
permitted to remain on any Lot other than one (1) detached
single-family ra$idence, pool cabana, or gazebo type structure
of same material as residence structure per Lot, which residence
may not exceed two (2) stories in height, and a private 981'490
as provided below.
10. Each residence may be occupied by only one family
consisting of persons related by blood, adoption or marriage or
no more than two unrelated persons living together as a single
housekeeping unit, together with any household servants.
11. None of the Lots shall be subdivided into smaller Lots.
12. No animals, livestock, or poultry of any kind shall be
raised, bred or kept on any Lot, except that dogs, cats or other
household pets may be kept. provided that t.hey are not bred or
maintained for any commercial purpose,
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No noxious or offensive act or activity shall be
allowed upon any Lots, nor shall anything be done thereon which
may become an annoyance or a nuisance to the neighborhood.
14. No sign shall be erected or maintained on any Lot
except a "for sale" sign which sign shall not exceed fifteen
(15) squara feat in size, Dr . sign owned by the Developer or by
the Homeowners Association of Hollowbrook. The Declarant is
permitted to use larg~r signs and erect perm~nent signs near the
entrances to the subdivision.
15. RadIo or TV antenna shall be installed in attics.
Any satellite dish must be totally enolosed and not visible from
t.he street.
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16. The garage door of any house or residenge within
Hulluwbrook covered by these restrictions must open on the side
or at the rear 01 the houss. Street view into garage must be
limited. Each residence must have a three-car garage minimum.
Garages should relate appropriately to the house and its
environs by ~ttached breezeways or other structures. Specific
site ~nd desi~,n c"lIsiderations will be avaluatecl on their
individu~l merits.
17. A Lot or any portion of any Lot that is exposed to the
Pllblic view mlu.t be maintained by the property owner in a neat
and orderly fashion.
18. No Lot affected hereby shall be used for the dumping or
storage of rubbish, trash. debris, surplus soil or rocks, etc.
19. No oil clrilling, oil development operations, oil
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refining, quarrying or' mining operations of any kind shall be
permit:.teld upon or in any Lot, nor" shall oil wells. tanks,
tunnels, miner~l excavations Or shafts be permitted upon Or in
any Lot. No derrick or other structure shall be erected,
maintained or permitted upon any Lot.
20. No outbuilding, Shop or trailer or residence of a
telmporal'Y ohar'Qcti'r" shall be permitted. No bUilding material of
any kind or character shall be stored upon the Lot until the
owner is ready to commence improvement.
21. No boat, trailer, mobile home, camper, boat trailer or
similar wheeled vehicle shall be stored (except temporarily, not
to 6xceed 24 tlours) nearer to the street than the front or the
Living Uni t s1 tuated tlu;lr"6on. No house trailer, mobile home,
camper, boat trailer or similar Wheeled vehicle shall be stored
or parked on any Lot except in a Closed garage or within the
fenced, walled or enclosed portion of such Lot, Mnd any such
fence, wall or other enclosure shall be subjeot to approval by
the Architectural Contl'ol Committee.
22. Specifically exempted from the provisions of this
section are actlvltie~ by the Developers of Hollowbrook, carried
out in the regular pursuit of construction, maintenance and
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sales within the subdivision which exemption ShAll end when all
development activity including sals$ by them are completed.
23. No vehicle of any size which transports inflammatory or
explo~ive c~rgo may be kept 1n the Addition at any time.
24. Mailboxes shall be constructed of brick or similar
material Lo match the residence.
25. Each Lot on which a dwelling unit is constructed shall
have landscaping, inClUding, but not limited to, shrubs,
flowers, tress, ground Cover and grass, of a sufficient quality,
quantity ~nd design to be compatible with land3caping on
adjOining lots and the neighborhood setting intended far
Hollowbrook. Landscaping of a Lot which must include _
sprinkler system for the front and rear yard shall be completed
within one hundred twenty (120) days after the date of whiCh the ~
Living Unit is ninety percent (90*) complete. Lot owners shall
us~ rea$onable efforts to preserve, keep and maintain the
landscaping in a healthy and attractive condition. No crosstie
walls $h~ll be p~rmitted in the front yard or side yards,
26. The grading slope and drainage plan of all lots, as
~hown on the grading plan defined in the next paragraph may not
be altered without the prior written approval of the
Architectural Control Committee, the city and other appropriate
agenoies have authority to grant such approval.
27. Each lot owner shall mow Bnd maintain the landscaping
and vegetatiofl of his Lot 1n such a manner as to control weeds,
grass and/or.uther unsightly growth. If after ten (10) days
prior written notice and Owner shall fail to (1) control weeds,
grass and/or other unsightly growth; (2) remove trash, rUbble,
building and construction debris; or (3) exercise reasonable
care or condu~t to prevent or remedy an unclean. untidy or
unsightly condition, then the Association shall have the
easement, authority and right to go onto said Lot for the
purpose of mOWing and Cleaning said Lot and shall have the
authority and right to assess and collect from the Lot owner a
rea$on~ble fee for mOWing and Cleaning said Lot on each
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respective occu~ion of such mowing or cleaning. The
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assessments, plws 10% inter~st per annum ther~on and costs of
collection thereof, shall be a char~e on the land and shall be a
continuing lien upon each Lot ag.l.inst which each such llssellssment
is made. Each such assessment, together' with such intlilrest
thereon and costs of collection thereof, $lIa11 also be tho
continuing personal Obligation of the pereon who w.. the owner
of such Lot at the time when the asseasment occurred. The lien
securing any such assossment shall be subordinate and inferior
to the liem of any mortgage or any renewals 01' extensions
thereof existing prior to the assessment date. The lien will
accrue from date a -Notice of Lien" is filed in the lien records
of Tarrant County, Texas.
REV: 3-26-91
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HOMEOWNERS ASSOCIATION MEMBERSHIP AND ,VOTING
ARTICLE I
1. Membership. Every person or entity who is a record
owner ot a fee or undivided fee interest in any Lot which is
subject by covenants ot record to assessment by the Association,
shall be a member of the Association (providad that any such
per~on or entity who holds such interest merely as security for
the performance of an Obligation shall not be a member) and any
person or entity who acquired any such fee or undivided fee
interest ~hall be daemed to have accepted membership and assumed
all obligations thereof.
t"lRTICLE II
Common Properties
1. Members' easements of Enjoyment. SUbject to the$e
terms, conditions and provisions hereof, every Member shall have
a right and easement of enjoyment in and to the Common
Properties, inclUding the water surface area, jogging trail,
gazebo, fiShing pier, and such easement Shall be appurtenant to
And shall pa$$ with the title to every Lot or Living Unit. In
addition, any member may delegate in accordance with the Bylaws
of the Association, his right and easement of enjoyment to
members of his family, his guests and tenants.
2. Title to Common Properties. Developer may retain the
legal title or easements to the Common Properties until $uch
time as improvements have been completed thereon and until such
time as, I" t:he opinion of the Developer, the AS$ociaLi.on is
able to maintain the same, but, notwithstanding any provision
herein, the Developer covenants, for himself, his heirs,
successors and assigns, that the Common Properties shall be
conveyed to the Association when seventy-five percent (75%) of
the homes are occupied.
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ARTICLE In
Covenant for Maintenance Assessments
1. Creation of the Lien and Personal Obligation of
Assessments, Developer, for each Lot or Living Unit owned by hiol
within the Properties, hereby covenants, and each Owner of a LoL
or Living Unit by acceptance of a deed therefor, whether or not
it shall be so expressed in any much deed or other conveyance,
shall be deemed to covenant and agree to pay to the Association:
(1) semi-annual assessments of charges, (2) special assessments
for capital improvements, such assessments to be fixud,
established and collected tram time to time as hereinafter
provided. SllCh semi-annual and special al5S65SlIIents, together
with such interest thereon and costs of oollection thereof as
hereinafter provided shall be a charge on the land and shall be
a continuing lien upon the property againat which each ~uch
aS5e~sment is made. Euch such assessment, together with such
interest thereon and cost of collection thereof, and reaaonable
attorneys' fees, shall also be the personal Obligation of the
person who was the Owner of such property at the time when the
Assessment tell du~. Separate semi-annual or special
assessments shall be made upon each Lot or Living Unit whether
or not there is more than one Living Unit per Lot.
2. Purpose of Assessments. The assessments levied by the
Association shall be Used, exclusively for the purpose of
promoting the recreation, health, safety and welfare of the
residents in the Properties, and, in particular, for the
improvoment and maintenance of properties, services and
facilities devoted to this purpose and related to the use and
enjoyment of the Common Pr'operties and of the homes 51 tuated
upon or appurtenant to The Properties, including, but not
limited to, the payment of taxes and insurance thereon, and
repair, replacelllent and additions thereto, and for the cost of
labor, equipment, materials, management and ~upervisi~n thereof.
3. Basis and Maximum of Semi-Annual Assessments. Semi-
annual assessments shall begin on the first day of the month
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following the ini tial conveyance of any Lot by th.e Developel",
and the semi-annual assessment for the Owner of each Lot or
Living Unit shall be determined at an annual rate, prorated
monthly.
The Board of Directors of the Association, may, after
consideration of current maintenance costs and future needs of
the Association, fix the actual a$$es~ment.
4. Special Assessments for Capital Improvements, In
addition to the semi-annual assessments authorized by Section 3
hereof. the Association may levy in any assessment year a
special assiY'"I1El'lL, applicable to that vear only, for the
purpose of defraying, in whole or part, the cost of any
construction or reconstruction, unexpected repair or replacement
of a described capital improvelllent upon the Common Properties,
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inCluding the necessary fixtures and personal property related
thereto, pl'{)vid~d thaI.. any slIch assessment shall have the assent
of 66 2/3 percent of the votes of each class of Members who are
voting in person or by proxy at a meeting dUly called for such
purpo~e, written notice of which shall be sent to all Members
not less than thirty (30) days nor more than sixty (60) days in
advance setting fo,-t.h the purpose of I..he meet.lng.
5. Change in Basis and Maximum of Semi-Annual Assessments.
From and after January I of the year immediately following the
commencement of semi-annual assessments, the maximum semi-annual
a!Sses!,."nant "'ay be irlCI"eased effecti,ve Janua'"y I of each year
wi thout a vot(1 of thE,! fllt'lrnbfH'ship in conformance wi tl'l the r'ise
if any. of tha Consumor Price Indl9x (pUbliShed by the Department
of Labor, Washington, D.C.) for the preceding month of July.
From and after January I of the year immediately
fOllowing the commencement of assessments, the maximum seml-
annual assessment may be increased above that established by tile
COIlSUn'JElI' Pr'ice Index formula by a vote of the Members, provided
tllat any such change shall have the approval of two-thirds (2/3)
of the Members of each class of Membors voting in person or by
pro~y at a meeting duly called for such purpose, written 'lotice
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of ~Ihich shall 11a.ve btilt::lrl sent to all r1embars not less than
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thirty (30) days nor more than sixty (60) days in advance of the
met!lting setting furth the pur'pose of the meet.ing.
The limitations of Paragraph 3 hereof shall not apply
to any change in the maximum and basis of the assessments
undertaken as an incident to a merger or consolidation in which
the As~ociation is authorized to participate undar its Bylaws
~nd under the pr'ovi",iun. of thi,s L)eclar'ation.
6. Quorum for any Action under Paragraph 4 and S. The
Quorum for ~ny action authorized by paragraph 4 and 5 shall be
as follows:
8. At the first meeting called as provided in
Paragraph 4 and 5 hereof. the presence at the
meeting of Memb~rs or of proxies entitled to ca5t
51 percent of all the votes of each class of
membel"5hip ::.ha11 COIIl:;;l.it:.ut.e a qLlOrulII.
b. If tha required quorum is not forthcoming at any
meeting, another meeting may be called SUbject to
the notice requirements Set forth in Paragraphs 4
and 5 and the required quorum at any such
~ub5equent meeting shall be one-half (1/2) of the
required quorum at Lhe preceding meeting, provided
that no such subsequent meeting ehall be held more
than sixty (60) days fOllowing the preceding
l1Ieeting.
7. Du~ Date of As~essments.rhe semi-annual assessments
provided for harein shall become due and payable on the 1st day
of Janu~ry and the l~t day of July after the commencement date
hereinabove set out and the due date of any special asseSsment
under Paragraph 6 hereof shall be fixed in the resolution
authorizing such assessment.
The Board of Director~ may, at its option, change tha
semi-annual assessments to an annual or monthly assessment and
determine the du~ d~te thereof.
JO
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B. Duties of th~ Board of Directors. Th@ ,oard of
Directors of the Association shall, upon the commencement date
hereln provided, prepare a roster of the Propel'l:iels and
assessments applicable thereto which shall be kept in the office
of the Associatiurl, and shall be open to inspection by any
OWner. Writt~n notice of the initial assessment and of any
:;ubseCluent changes therein shall be fOI"thwi th sent to every
Owner subject thereto.
The Association shall. upon demand at any time furnish
to any Uwner liable for said assessment a certificate in writing
signed by an officer of the Association, setting forth whether
OJ
said ~Ssessmant has been paid. A reasonable charge may be made
by the Board for the i$suance of Such certificate and such
certificate shall be conclusively evidence of payment of any
assessment tharein stated to have been paid.
9. Effect ot Non-payment ot Assessment: Personal
Obligations of Owner: Lien: Remedis$ of Association. If the
assessments ar~ not paid on the date when due, then such
assessments ~hall become delinquent and shall, together with
such interest thereon and ~ost of collection thereof as
hereinafter provided, forthwith become a continuing lien on the
property which shall bind such property in the hands of the then
Owner, hi~ heirs, devisees, personal representatives and
assigns. The perHonal Obligation of the then Owner to pay such
assessment, however, shall remain his personal obligation for
the statutory periOd and shall not pass to his Successors in
title unless expressly aSSUmed by them.
If the aSS8$$ment is not paid within thirty (30) days
after the du~ data, the ~sses5mant shall bear interest from the
d~te of delinquency at the rate of ten percent (10%) per annum,
and the Association may bring an action at law against the Owner
personally obligated to pay the same or to foreclose the lien
against. the property, and there Shall be added to the amount of
~uch aSMessment the cost of preparing and filing the petition in
such action, and in the event a Judgment is obtained, such
11
"'.
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jUdgment shall include interest on the aS$essme~t as above
provided, and a reasonable attorneys' fee to be fixed by the
court, together with costs of the action. No Owner may waive or
otherwise e~cape liability for the assessments provided for
herein by non-usage of the Common Properties or abandonment of
his property.
10. SUbordination 0' the lien to mortgages. The lien of
the asses$m~nts provided for herein shall be subordinate to the
lien of any mortgage or mortgages now or hereafter pIacod upon
The Properties SUbject to assessment; provided, however, that
such :subordination shall apply only to the aSSEtssrnents which
have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure or any other
proceeding in lieu of foreclosure. Such sale or transfer shall ~
not relieve such property from liability for any Assessments
thereaf t€.If" becomin~J duo nOr f rom the lien of any SlJch Subsequent
assessment.
Notwithstanding any provisions herein, no land or
improvements devoted to dWelling Use shall be exempt from said
~S5e55ment$. char~ws or lians.
12
0- f{)-jJrJ-o
17
CU:Q.hLt;~Ql;.\JJ:S!J_ QQntJ::.Qt kQ1ntni.U~g .
No bUilding sha.ll be erecteu, placlOlu, or altered on- any
bUilding plot in t.his sUbdivisicI" untn. a complete Set of
building plans (which shall clearly indicate all exterior
materials) and a plot plan of the location of such building
shall have been utllivered to the f4rchi tectural Control Commi ttae
designed as hereinaftor provided, and until such building plan
and plot shall have been approved in WI'fting by the
Architectural Control Committee as baing in conformity and
harmony with tlla external design and location of the eXisting
structures of the SUbdivision and in compliance with the
restrictions herein contained, The plot plan and plan shall be
returned to the owner of the Lot after approval of the
Architectural Control committee has been appropriat$ly endorsed
thal"eon. Tht:l Declarant and Homeowners Assocation. until such
time the development is cOnveyed to the Homeowners ASSOCiation
after seventy-five percent (75%) of the homes are occupied,
shall hllve the author! ty t.o aPPoint the Archi. tectural Contl'ol
Committee /lnd to remove without cause any perSOn serVing on the
Architectural Control Committee. The Architeotural Control
Committee shall consist of
not less than
two nOr mOre than three members, and the Declarant $hal1 also
have the ~uthor1ty to fill any vaoancies in the Architectural
Control committee.
The Architectural Control Committee is authorized to
delegate to one or more representatives authority to perform the
duties of the Architectural Control Committee as set forth
herein. III the event that the ArChitectural Control Committee
~hould at any time fail or refUse to appoint Il successor
Committee, the owners of a majority of the Lots included within
the subdivision, as determined on a per lot basis, shall have
the right to elect or appoint, from time to time, a successor
Architectural Control Committee. In the event the Architectural
Control Committee, or its designated representative, fails to
13
~
D-9[)-f()Q
It
approve or di,$SLPPI'OVt:l allY builcHrl9 plans, speci.ficAcions and
plot plans within five (5) working days after the same are
submitted to it, and if all terms contained in these
restrictions have been complied with, the Architectural Control
Committee shall be deemed to have appr'oved such plans,
spec! ficatioll$ and plot plan. The AI'chi tectut-al Control
CO/illllilteel shal.l in no event be liable in damaQ8s for any action
or failure or refusal to act pursuant to the provisions hereor.
The Architectural Control Committee shall roceive ~o fees
or compensation for its services. The initial Architectural
Contr'ol CClfI'lIui lte:le shall consist of two or more persons to bo
bppointed by the Declbrant,
14
~.
0-9()-ttJD
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GJ}.n~cfJ.L f::l r:.Qv.ij}Jp.n~_
The re~trjction6, cOVGnants and conditions of this
Declaration $hall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Association or tho
Owner of any land subject to the Declaration, their respflc:tiv~
legal representative, heirs, successors ~nd assigns for a term
of twenty-five (25) years from the date this Deolar~tion is
recorded, unless seventy percent (70%) of the homeowners sign an
instrument to make changes to said restrictions af ter wldeh time
said covenants shall be automatically
extended for successive periods of ten (10) years unless an
instrument signed by the then Owners of fifty-one percent (51%)
of tho Lots or Living Units haa been recorded, agreeing to
change said restrictions, covenants and conditions In whol~ or
in part; provided, however, that no such agreement to change
ahall be effective unless made and recorded one (1) year in,
advance of the effective dat~ of such change and unless written
notice of the proposed agreelllElnt is sent to every Owner at least
thirty (30) days in advance of any ~ction taken.
EXECUTED
LTD INDUSTRlf~, INC.
BY;
REV: 3-26-91
1&
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Ordinanc~ 0-90-800
Page 20
EXHIBIT "C-Z"
BYLAWS OF
HOLLOWBROOK HOMEOWNI.;ns ASSOCIATION, INC.
c::
ARTICLE I
OFFICES, DEFINITIONS
1,
Registered Office and Agent
The Registered Office of the Corporation shall be at
651 South Great Southwest Parkway, Grand Prairie, Texas and the
name of the Registered Agent of the Corporation at such address
is Fred J, Quatro,
2, Other Offices
.............
The Corporation may also have offices at such other places
within or without the State of Texas as the Board of Directors
may from time to time determine or the business of the
Corporation may require,
3. Detini t,ions
The following words, when used in these Bylaws (unless
otherwise indicated), shall have the following meanings:
(a) "The Declaration" shall mean and refer to the
Declaration of Restrictions, Covenants and Conditions of
Hollowbrook, as recorded in Volume
, Pages
of the Deed
Records of Tarrant County, Texas, or any Supplemental
Declaration under the provisions of Article VI of said
Declaration.
(b) "The Properties" shall mean and refer to all existing
properties, and additions thereto, as are subject to the
Declaration.
(c) "CoJlUJlon Properties" shall mean and refer to those areas
.-/
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of land shown on any recorded subdivision plat of The Properties
~nd easements intended to be devoted to the common UBe and
enjoyment of the members of the Corporation,
(d) "Lot" shall mean and refer to any plot of land shown
upon any recorded subdivision plat of The Properties, with the
exception of Common Properties as herein defined.
'.'
1
Ordinance 0-90-800
Page 21
(e) "Living Unit" shall mean and refer to any portion of a
building situated upon The Properties designed and intended for
use and occupancy as a residence by a single family,
(f) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any Lot or Living Unit which is a part of The Properties,
including purchasers under contract from Developer, but
notwithstanding any applicable theory of the mortgage, shall not
mean or refer to the mortgagee unless and until such mortgagee
has acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure,
(g) "Member" shall mean and refer to every person or entity
who holds membership in the Corporation,
(h) "The Developer" shall mean and refer to Hollowbrook,
Inc" a Texas corporation,
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS
1, Membership
Every person or entity who is a record owner of any Lot
which is subject by covenants or record to assessment by the
Corporation, including purchasers under contract from Developer,
shall be a member of the Corporation (provided that any such
person or entity who holds such interest merely as security for
the performance of an obligation shall not be a member), and any
person or entity who acquired any such fee or undivided fee
interest shall be deemed to have accepted membership and assumed
all obligations thereof,
2. Voting Rights
The corporation shall initially have one class of voting
membership,
Members shall be all those Owners entitled to one vote for
each Lot in which they hold the interest required for membership
by Paragraph 1. When more than one person holds such interest
in any Lot, all such persons shall be members and the vote for
2
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Ordinance 0-90-800
Page 22
such Lot shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to
any Lot,
3. Methods of Voting
At any meeting of the Members, every Member having the right
to vote shall be entitled to vote in person, or by a proxy
appointment in writing, or his duly authorized attorney-in-fact
and dated not more than two (2) months prior to said meeting,
Any proxy shall be filed with the Secretary of the Corporation
prior to or at the time of the meeting. In the absence of any
action by the Board of Directors, the date upon which the Notice
-----
of the Meeting is mailed shall be the record date,
ARTICLE III
MEETING OF MEMBERS
, I
1, General Meetings
All meetings of the Members for the election of directors
shall be held at the office of the Corporation in Texas, or at
such other place, within or without the State of Texas as may be
specified in the Notice of the Meeting or in a duly executed
Waiver of Notice thereof, Meetings of Members for any other
purpose may be held at such time and place, within or without
the State of Texas as shall be stated in the Notice of the
Meeting or in a duly executed Waiver of Notice thereof.
2. Annual Meeting
An Annual Meeting of the Members shall be held on the second
Monday of April, at the hour of 7:30 p,m, provided, however,
C:'~
--.
that should said day fall upon a legal holiday, then at the same
time on the next business day thereafter, At such meeting,
Directors shall be elected, reports of the affairs of the
Corporation shall be considered, and any other business may be
transacted which is within the powers of the members,
3, Member List
At least ten (10) days before each meeting of Members, a
complete list of the Members entitled to vote at each meeting
3
'......'-.
Ordinanee 0-90-800
Page 23
arranged in alphabetical order, with the residence of each and
the number of votes held by each shall be prepared by the
Secretary, Such list shall be kept on file at the Registered
Office of the Corporation for a period of ten (10) days prior
to such meeting and shall be subject to inspection by any member
at any time during usual business hours. Such list shall be
produced and kept open at the time and place of the meeting
during the whole time thereof, and shall be subject to the
inspection of any Member who may be present,
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4, Call for Special Meetings
Special meetings of the Members for any purpose of purposes,
unless otherwise prescribed by statute, the Articles of
Incorporation, or these Bylaws, may be called by the President,
the majority of the Board of Directors or the holders of not
less than one-fifth (1/5) of all the Members entitled to vote at
the meetings~ Business transacted at any special meeting shall
be confined to the objects stated in the Notice of the Meeting,
5, Notice
(a) Written or printed notice stating the place, date and
time of the meeting and, in case of a special meeting, the
purpose of purposes for which the meeting is called, shall be
delivered not less than ten (10) or more than fifty (50) days
before the date of the meeting, either personally or by mail, by
or at the direction of the President, the Secretary, or the
officer or person calling the meeting, to each Member of record
entitled to vote at the meeting,
(b) Notice of any meeting of Members shall specify the
place, date and hour of the meeting, The notice shall also
specify the purpose of the meeting if it is a special meeting,
or if its purpose or one of its purposes will be to consider a
proposed dissolution or the revocation of a voluntary
dissolution by act of the Corporation, or to consider a proposed
disposition of all, or substantially all of the assets of the
Corporation outside the ordinary course of business,
4
Ordinance 0-90-800
//'Page 24
-.
6. Quorum: Adjournments
(a) Except as otherwise provided in Article V, Paragraph 6
of the Declaration, by statute, by the Articles of
Incorporation or these Bylaws, the Members holding one-tenth
(1/10) of the votes issued and outstanding and entitled to vote
thereat, present in person or represented by proxy, shall be
requisite and shall constitute a quorum at all meetings of the
Members for the trunsuction of business,
If, however, u quorum
shall not be present or represented at any meeting of the
Members, the Members entitled to vote thereat, present in person
or represented by proxy, shall have power to adjourn the meeting
from time to time, without notice other than announcement at the
meeting, until a quorum shall be present or represented, any
business may be transacted which might have been transacted at
the meeting as originally notified.
7. Transaction of Business
When a quorum is present at any meeting, the vote of the
Members holding a majority of the votes having voting power
')
(
present in person or represented by proxy shall decide any
question before such meeting, unless the question is one upon
which by express provisions of the statutes, the Articles of
Incorporation, or these Bylaws, a different vote is required, in
which case such express provision shall govern. The Members
present at a duly organized meeting may continue to transact
business until adjournment, notwithstanding the withdrawal of
any Members to leave less than a quorum.
ARTICLE IV
DIRECTORS
1, Powers
The business and affairs of the Corporation shall be managed
by its Board of Directors who may exercise all the powers of the
Corporation and may do all lawful acts and things which are not
statute, The Declaration, the Article of Incorporation or these
Bylaws directed or required to be exercised or done by the
'-
5
Ordinance 0-90-800
Page 25
Members, Specifically, the Board of Directors shall be
empowered to take such actions as authorized by the Director,
2, Number and Election:
The Board of Directors shall consist of five (5) directors,
The Directors shall be elected at the annual meeting of the
Members, except as hereinafter provided, and each Director
elected shall hold office until his successor has been elected
and qualified,
c:/
--
3, Term of Office
Directors shall be elected for a term of two (2)' years. At
the initial meeting of the Board, the Developer shall appoint
three (3) resident Members for a two (2) year term and two (2)
resident Members for a one (1) year term, In subsequent years
these Directors shall be replaced by those serving two (2) year
terms,
4, Removal:' Filing Vacancies
Any Director may be removed, with or without cause, at any
'......
---..
special meeting of the Members by the affirmative vote of a
majority of the Members present in person or by proxy at such
meeting and entitled to vote for the election of such Director,
if notice of Intention to act upon such matter shall have been
given in the notice calling such meeting, If any vacancies
occur in the Board of Directors, for any reason, a majority of
the Directors then in office, though less than a quorum, may
choose a successor or successors. Each successor Director so
chosen shall be elected for the unexpired term of the
predecessor in office.
5. Prohibition of Cumulative Voting
Directors shall be elected by plurality vote, Cumulative
voting shall not be permitted.
6. Location of Meetings
The Directors of the Corporation may hold their meetings,
both regular and special, either within or without the State of
Texas,
//""
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6
Ordinance 0-90-800
Page 26
7, Annual Meetings
The first meeting of each newly elected Board shall be held
without further notice immediately following the annual meeting
of Members, and at the same place, unless by unanimous consent
of the Directors then elected and serving such time or place
shall be changed,
8, Regular Meetings
Regular meetings of the Board of Directors shall be held
bi-monthly or more frequently if called by the President or by a
majority of Board Members at such time and place as shall from
time to time be determined by the Board,
9, Special Meetings
Special meetings of the Board of Directors may be called by
the President or Secretary on two (2) days' notice to each
Director, either personally or by mail or by telegram; special
meetings shall be called by the president or Secretary in like
manner and on like notice on the written request of a majority
of Directors, Except as may be otherwise expressly provided by
statute, the Articles of Incorporation or these Bylaws neither
the business to be transacted at, nor the purpose of any special
meeting need be specified in a notice or waiver of notice,
10. Quorum
At all meetings of the Board of Directors, the presence of a
majority of the Directors shall be necessary and sufficient to
constitute a quorum for the transaction of business and the act
of a majority of the Directors present at any meeting at which
there is a quorum shall be the act of the Board of Directors,
except as may be otherwise specifically provided by statute, the
Declaration, the Articles of Incorporation or these Bylaws, If
a quorum shall not be present at any meeting of Directors, the
Directors present thereat may adjourn the meeting from time to
time without notice other than announcement at the meeting,
until a quorum shall be present.
7
Ordinance. 0-90-800
Z Page 27
ARTICLE V
NOTICES
1, Formalities of Notices
Whenever under the provisions of the statutes, the Articles
of Incorporation or these Bylaws, notice is required to be given
to any Director or Member. and no provision is made as to how
such notice shall be given, It shall be construed to mean
either personal notice or notice in writing, by mail (regular or
otherwise). postage prepaid addressed to such Director or Member
at such address as appears on the books of the Corporation. Any
notice required or permitted to be given by mail shall be deemed
to be given at the time when the same shall be thus deposited in
the United States Mail as aforesaid,
2, Waiver of Notices
Whenever any notice is required to be given to any Member or
'I
Director of the Corporation under the provisions of the
.~
statutes, the Articles of Incorporation or these Bylaws, a
waiver thereof in writing signed by the person or persons
entitled to such notice. whether before or after the time stated
in such notice, shall be deemed equivalent to the giving of such
notice. Signing the minutes of any meeting shall be deemed a
waiver of all formalities with respect to such meeting,
ARTICLE VI
OFFICERS
1, Miscellaneous Provisions
The officers of the Corporation shall be elected by the
Directors and shall be a President, Vice-President, a
Secretary and a Treasurer, Any two or more offices may be held
by the same person, except that the offices of President and
Secretary and President and Treasurer shall not be held by the
same persons, Any such office shall have the powers and duties
c::
usually associated with such office, subject to limitations or
extension by the Board of Directors,
8
'Ord'inan'ce 0-90-800
Page 28
2, Other Agents
The Board of Directors may appoint such other officers and
agents as it shall deem necessary, who shall be appointed for
such terms and shall exercise such powers and perform such
duties as shall be determined from time to time by the Board,
3, Duties
The duties of the officers are as follows:
(a) President, The president shall preside at all meetings
of the Board of Directors; shall see that orders and resolutions
of the Board are carried out; shall sign all contracts,
mortgages, tax returns, and other written instruments; shall
co-sign all checks (except those on a monthly recurring nature
previously approved by the Board), and promissory notes; shall
appoint committee chairmen and members of committees with the
concurrence of the Board; and shall carry out such other duties
/
{
as may be assigned by the Board or the Policy Manual as adopted
by the Board,
(b) Vice-President. The Vice-President shall act in the
place and stead of the President when he is absent, unable, or
unwilling to act; and shall discharge such other duties as may
be required of him by the Board,
(c) Secretary, The Secretary shall perform or cause to be
performed the following secretarial activities:
record the
votes and keep the minutes of all meetings and proceedings of
the Board and of the Members; keep the corporate seal and affix
it on all papers requiring said seal; serve notice of meetings
of the Board and members; keep the appropriate current records
showing the ownership of Lots and membership of the Association,
together with their addresses; and shall perform such other
duties as required by the Board or the Policy Manual as adopted
by the Board,
(d) Treasurer, The Treasurer shall perform or cause to be
performed the following financial activities:
receive and
deposit in appropriate bank accounts all monies of the
Association and disburse such funds as directed by a Resolution
9
Ordlnan~e 0-90-800
Page 29
of the Board; sign all checks and promissory notes; cause an
annual audit of the Association Books to be made at the
completion of each fiscal year; prepare an annual budget and a
statement of income and expenditures to be presented to the
/0-
membership at its regular annual meeting and deliver a copy of
the budget and assessments adopted by the Board to each member,
The Treasurer shall perform such other duties as required by the
Board or the Policy Manual as adopted by the Board,
4, Salaries
All officers and directors of the Corporation shall serve
without compensation. However, expenses may be reimbursed for
unusual activities carried out on behalf of the Corporation.
Any office may receive compensation for services rendered to the
Corporation in other than his official capacity,
5, TENURE; REMOVAL; VACANCIES
Each office of the Corporation shall hold office for a term
of one (1) year or until his successor is chosen and qualified
in his stead or until death, resignation or removed from office.
Any officer or agent elected or appointed by the Board of
Directors may be removed at any time by the affirmative vote of
a majority of the whole Board of Directors, but such removal
shall be without prejudice to the contract rights, if any, of
the person so removed. If the office of any officer becomes
I
(
vacant, for any reason, the vacancy may be filled by the Board
of Directors,
ARTICLE VII
COMMITTEES
1, Number
There shall be six '(6) standing committees. Except as
specified by Article VI and Article IX, Section 7 of the
Declaration, all of the Chairmen and members of the standing
committees shall be appointed by the President with the
concurrence of the Board. Additional ad hoc committees may be
appointed by the President as the need may arise,
10
OrdinaRce 0-90-800
Page 30
2, Architectural Control Committee
A committee composed of up to six (6) persons shall be
responsible for approving or disapproving the design, location,
details, color, texture, materials and specifications of all new
construction, landscaping and tree removal and for any additions
or modifications to buildings or lots. All decisions by the
committee shall be based on an adopted set of architectural and
landscape guidelines. The committee shall render consistent
judgments based this committee may be appealed to the Board by
filing a notice thereof with the Secretary of the Board at least
thirty (30) days in advance of a regularly scheduled meeting of
the Board. Except that decisions made with respect to new
construction on a vacant lot may not be appealed to the Board.
This committee may appoint a subcommittee composed of
~~
members outside the committee to be responsible for approving or
disapproving the design, location, details, color, texture,
materials and specifications of all construction, landscaping
and tree removal as they relate to additions or modifications of
buildings or lots.
3. Finance Committee
Board of Directors shall appoint committees for grounds
maintenance, finance, and social functions,
'~
ARTICLE VIII
GENERAL PROVISIONS
1, Fiscal Year
The fiscal year of the Corporation shall be fixed by
resolution of the Board of Directors.
2, Seal
There shall be no necessity for a corporation seal, but if
there should be one, such seal shall have inscribed thereon the
name of the Corporation and the word "TEXAS". Such seal may be
used by causing it or a facsimile thereof to be impressed or
affixed or reproduced or otherwise,
11
Ordinance 0-90-800
Page 31
3, Indemnification
The Association shall indemnify any director, office or
employee or former director, office or employee of the
Corporation, against expenses actually and necessarily incurred
by him and any amount paid in satisfaction of judgements in
connection with any action, suit or proceeding, whether civil or
criminal in nature, in which he is made a party by reason or
being or having been such a director, officer or employee
(whether or not a director, officer or employee at the time such
costs or expenses are incurred by or imposed upon him) except in
relation to matters as to which he shall be adjudged in such
action, suit or proceeding to be liable for gross negligence or
willful misconduct in the performance of duty, The Corporation
shall payor cause to be paid to any director, office or
employee the reasonable costs of settlement of any such action,
suit or proceeding.
Such right of indemnification shall not be
deemed exclusive of any other rights to which such director,
officer or employee may be entitled by law or under any bylaw,
agreement, vote of members or otherwise,
ARTICLE IX
AMENDMENTS
1. These Bylaws may be altered or amended by a two-thirds vote
of members voting in person or by proxy at at duty called
regular or special membership meeting at which a quorum is
present.
12
Ordinance 0-90-800
Page 32
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Ordinance 0-90-800
Page 83
Exhibit "E"
PUD-R ZONING APPLICATION
14.378 ACRES
LOT 1R AND 2R BLOCK 1 GEORJAN PLANTATION
ESTATES SUBDIVISION
CITY OF COLLEYVILLE
TARRANT COUNTY, TEXAS
PLANNING OBJECTIVE: The objective of the Hollowbrook
Springs development is to provide a quality, single-family
development. The plan provides for approximately 20 percent
open space with a lake environment along with large native
trees. The highly restricted subdivision will encompass a
jogging path along with a private fishing pier. Each
residential lot will benefit from the water amenities. A
Hollowbrook Springs Homeowners Association will be formed to
maintain the water environment and surrounding open space.
The minimum lot size will be 15,000 sq. ft
LEGAL DESCRIPTION: Lot 1R & Lot 2R Block 1 Georjan
Plantation Estates Addition.
DEVELOPMENT SCHEDULE: Construction of the Development is
proposed to commence within two months of approval of the
zoning, platting, and construction plans by the City of
Colleyville.
OWNERSHIP: The present and proposed ownership of
Hollowbrook Springs is defined as follows:
LTD Industries, Inc.
651 S. Great Southwest Parkway
Grand Prairie, Texas 75051
(214) 988-0676
WATER AND SEWER: Water and sewer services will be provided
to Hollowbrook Springs as required by the City of
Colleyville.
APPLICANT: I certify that the information presented herein
represents a reasonably accurate portrayal of the general
nature, character, and feasibility of the proposed
Hollowbrook Springs Subdivision.
Miles Fairris, Project Manager
LTD Industri~S' I~ "
Singed: ~ ~ a.-........ .""'\
Date:
8-(-~
Ordinance 0-90-800
Page 34
'7I~
EXHIBIT "F"
WASHINGTON & AsSOCIATES, INC.
ENGINEERS · PLANNERS
January 17, 1991
Mr. Michael A. Jones, P.E,
City Engineer
City of Co11eyvi11e
P. 0, Box 185
Colleyville, Texas 76034
elf{ ENGINEER'S OFFICE
~ r~ r"4 (i.~ t:''\\I;'~ ~
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r :;"l J J A N 1 7 1991 r
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BY C, / n)rrl~,
--.J
Reference: Hollowbrook Development Schedule
WAI No, 137-001
Dear Mike:
Final reading on the rezoning action should be approved by the City Council on
January 22, 1991. We anticipate submitting the preliminary plat on January 23,
1991 for consideration by the Planning and Zoning Commission on February 11,
1991. Upon receiving preliminary plat approval, we will prepare the
construction plans and submit the final plat for approval at the earliest
possible date.
From the time the construction plans and final plat are approved, we would
anticipate the following construction schedule:
1.
2.
3.
Complete rough street and site grading.
Complete installation of utilities.
Complete installation of the box culvert on
Glade Road, spillway widening and lake walls.
Complete installation of street paving and
pavement widening on Glade Road,
Complete installation of jogging path,
masonry fencing, landscaping, etc.
one month
two months
four months
4,
six months
5,
eight months
We would hope that some of the construction items can be proceeding
concurrently with others and thus shorten the completion schedule,
Please contact us if you have any questions,
Sincerely,
WASHINGTON & ASSOCIATES, INC.
4t~ (6b/~c~
Warren E. Hagan, P.E,
:cc/l
500 GRAPEVINE HWY,
SUITE 375
HURST, TEXAS 76054
817/485-0707
METRO 498,3077
FAX 817/485-4106