1978-05-16
Z I=Country ing Is At Its Best
REGULAR CITY COUNCIL ME-TING
667 N. Carroll Ave.
Southlake, Texas
I y 16, 1978
7:30 P.m.
A G E N D A
I. Consideration of Tri County Rate Ordinance.
II. Consideration of Resolution to further suspend Texas Power & Lights
rate change request.
III. Consideration of Parker Vehicle Storage Matter;
Southlake Boulvard - Bluebonnet Drive.
IV. ZA 78-2 - Tiffany Acres, Subdivision in City's extraterritorial
jurisdiction. Approval of final palt. Request by Eddie rTbrris En-
terprises; Owners, Lloyd and Dora Stepter.
V. Public Hearing - ZA 78-3..... 2.10 @ of land in the A. A. Freeman
Survey located on peytonville Avenue. AG (agricultural) District
to A-3( One Family District). Request by Gaylon Bailey.
VI. Public Hearing - ZA 74-5... Revision of Lots 5 through 15 and lots 23
through 25 and also lots 38 through 40, Block 2 of Continental Park
Estates. Request by B & R. Development Co; James A. Rust.
VII. Discussion of bonds in connection with Quail Creek Development.
Request by PTr. mike Buchanan.
VIII. Deuartmental Reports
a. Police
b. Fire
1. Request for Council Authorization to give Fire Dept the 1977 Pontiac
Lemans and open bids on the Fire Chief's vehicle, 1974 Ford.
c. Water
d. Court
e. Building
1. Southern Building Code, OrdP210
2. National Electrical Code, Ord #211.
3. Plumbing Code, Ord #225
f. ltyor' s Report
1. C. 0. G. Seminar
IX.Bills for Approval
City Secretary
I hereby certify that the foregoing agenda was posted on the bulletin
board and front door of City Hall, 667 North Carroll Avenue, on Friday
12, 1978 at 12.00 p.m.
Karen B ack , City 1_ecretary
; PR
7 711
N ) b "Where Country Living Is At Its Best"
3 t4 O l d CITY OF SOUTHLAKE, TEXAS
-
O O x 51 O
n ~y MINUTES OF
H z Regular City Council
Meeting
DATE a May 16, 1978
TIME 7:30 P.m. INDEX NO.
f Member PACE 1 O OP. C'APIION.
j Council Members Present :Mayor ; Pat Hawk,
Mayor Pro Tem;Sam Sparger, Councilpersons;
Louise Morrison, Brad Popkin, A. C. Urbanosky,
Lloyd Harper.
( j Staff Present : City Attorney; Doug Campbell,
Acting Police Chief; Daymond Gaddy, Fire Chief;
Bob Steele, Building Dept; Sandy Le Grand.
Invocation; Mayor Pat Hawk
SPARGER i X The City Attorney, Doug Campbell informed theICONSIDER-
AURRISON I X council members of the Staff Report for the jATION OF
POPKIN X t X P.U.C., it being, the recommendation that iTRI-COUNTY
URBANOSKY f X X in some manner a rate structure be worked outiRATE INCR.
HARPER X giving Tri-County what they are requesting.
{ i It was noted that the P.U.C. suggested that
there should not be any Tax passed through
4 which is one proposal in the rate package.
It was evident in the article that the staff;
M I does agree that Tri-County should receive
1 their money, yet the disagreement arises
f I between the staff and Tri-County on how it
should be collected. Mayor Hawk asked that
if the rate increase is rejected by the city,:
will the action protect the city until a
final decision is made by the P.U.C, at
which time the city could reconcider if it so
chose. City Attorney. Doug Campbell answered
i by saying that Tri-County could appeal the
action byt while the action is being appealed
I I interim rates could be set. After lengthy
idiscussion the motion to reject the rate in-
crease was'passed'.and approved unanimously.
The Council instructed the City Attorney to
draft a Ordinance to that effect. (copy of
3 Ord 123-D attached hereto and made a part
hereof.)
i ~
SPARGER X i s 0 X After TTayor Hawk read the Findings outloud to I RESOLUTION
MORRISON X the audj ice, Council passed and approved TO SUSPEND
POPKIN 1 X lunar. usly the "Findings" that of which ,TP&L RATES
URBANOSKY X being suspension for 30 days.(Said Findings APPROVAL OF
HARPER I X I X (attached hereto and made a part hereof). ;FINDINGS.
C
N b G o eru Country Living Is At Its Best'
a _
tai p 0 d d CITY OF SOUTHLAKE, TEXAS
rc1 ~ O
d a n ~D ;0
MINUTES OF Regular City Council
d H
Meeting
a a DATE 3,1,y 16, 1978
TIME 7:30 p.m. INDEX NO.
NaTne f_ Member PACE 2 OF OR CAPTION.
SPARGER X Council passed and approved Resolution # 78-16
14ORRISON X also stating a Public. Hearing will partake in
POPKIN X X the month of June regarding TP & L.(Said
URBANOSKY X X Res #78-16 attached hereto and made a part
HARPER X hereof.)
i
SPARGER X X Attorney at Law W. T. Knape bringing forth JIM PARKER
MDRRISON X representation for Mr. Jim Parker was presentVEHICLE
POPKIN X Mr. Knape distributed to the Council "Stipu- STORAGE 3.4ATT
URBANOSKY X I X lations" which he will submit concerning thel,
HARPER -a sta ned4 land use premises.(Stipulations are attached]
hereto and made a part hereof.) Also dis-
i I tributed to the Council was a statement from
fI I property owners showing no objections to the
f ! proposed Land Use. 111r. Knape stated that I
Said Stipulations also contain the agreement)
I that Mr. Parker will comply with Ord# 161-5
i and Ord #210, also Ord # 161 and Ord #205 of
the City Approved Ordinances. After lengthy',
briefing of said Stipulations, Mayor Hawk
i ! requested to see the lease Agreement between
Mr. Parker_ and Mr .R&gsdale . Mx. Roy, Lee was
present in the audience to voice his object-
I l y j ions. Questions did arise at to the parkingi
facilities for the employees. City Attorney
4 ` Doug Campbell stated that in his opinion
M two 10x20 rock base parking lots would be
r adequate. Numerous additions to the Stipu-'
lations were agreed upon between the Council
and Jim Parker. Mr. Knape acknowleged all
r the amended stipulations by adding that upon
j the signature of 'his client to the Stipu-
lations he will draft a corrected version of,
the said Stipulations and that the Lease
r agreement be recorded as Exhibit"A".(Said
i = documents attached hereto and made a part
j ! hereof) Documents then will be signed by
0 ' I the City Attorney,A4ayor and City Secretary
at which time will be filed in the office
I of the City Secretary then Mr. Parker will
be given a Fence Permit. 16otion was made
to approve the stipulations as per discussed
I with Mr. Parker and the City of Southlake
I
j
/07
G G 4,.i Vs. ' l t it w CID 1:w.. O a, cu L "1' '-0 N J, b o "Where Country Living Is At Its Best"
51 O ~ d 6 CITY OF SOUTHLAKE, TEXAS
p MI
d a n MINUTES OF
: Regular City Council
N a DATE Meeting
a : May 16, 1978
TIME 7:,30 p.m" INDEX NO.
Name of Member PAGE 3 OF5 OR CAPTION.
SPARGER i X X Mr. Eddie Morris was present to present his ZA-77-2
MORRISON X plat that of which being extra territorial APPROVAL
POPKIN X I X jurisidiction. Motion was made to approve OF FINAL
URBANOSKY X the Carter & Burgess recommendations and PLAT.
HARPER I X approve ZA 78-2 with the exception of the TIFFANY AC
I f elevation of Lot #8 which will be added.
SPARGER X ! X Mayor Pro Tem Sparger stated that there were ZA-78-3
NDRRISON X five(5) owners notified out of which 3 were ZONING
POPKIN X ( ! X in favor and there were no negative replies. REQUEST
URBANOSKY I X It was the Planning & Zoning recom- GAYLON
HARPER X mendations to approve the rezoning from (AG) ! BAILEY.
f I District to A-3 (One Family District). Mayorj
f Hawk opened the discussion to the floor. Ther6
f being no comments or response the Council
I at this time passed-, motion to approve the
I rezoning from (AG) to (A-3).
I
I Mr. James Rust was present to present his ZA-74-5
Plat of Revision of Lots 5 through 15 and CONTINENTAL
I Lots 23 through 25 also Lots 38 through 40, PARK ESTATE
Block 2 of Continental Park Addition. Mayor JAr./IES RUST
Pro Tem Sparger stated that there were twelve,
(12) property owners notified with,no replies.
Mr. Rust stated he will leave with the Council.
three (3) Plats. One of which is the original'
( approved plat, two (2) being a revised plat
I and three(3) being a update of just the Lots
I j being revised for approval. lr. Rust stated
f 1
by approving the 3rd plat, Council will be
approving a better development than originally
Napproved. The revision will consist of all
larger Lots excluding Lot 12. Mayor Hawk
1 stated that if the Lots comply with the new
I requirements under 160-A " One acre minium
1I there should not be~ any problem" Dlr. Joe
i Gregory of Ridgewood Circle was present and
I I spoke in favor of the replat. Ply. Bobby Poe
{ , ! was present also spoke in favor of the replat.
D,t. Liezt, residing Oakhurst Drive was pre-
I
sent and spoke in favor of the revision.
I (Mayor Hawk tabled this item T the Planning
and Zoning recommendations.
SPARGER I i j X i MP . Buck Buchanan was present to explain to BOND DISC.
MORRISON X the Council the impossibility of the Devel- B. BUCHANA
POPKIN + I X X open to be bonded. Mr. Buchanan stated that] QUAIL CREE:_
URBANOSKY 1 X unless the person is',doing the work himself
HARPER X 1 X on the Development he cannot get bonded.
Councilman Popkin agreed with MT. Buchanan
G ~,b„~ :..E C... ~y~' ``d1✓ ~rrv~ ~.:.sfl W.9+.u f. i., Fa:~ i... ~....fi...,. ~A
G
N ro b "Where Country Living Is At Its Best"
o p d d CITY OF SOiJTHLAKE, TEXAS
o Last Regular City
d d n 'y A MINUTES OF Council Meeting
d ~ H
a a DATE may 16, 1978
TIME INDEX NO.
"x:30 P.M.
Name of Member PACE _n OP CAPTION.
f and explained to the Council that a letter of
I
Credit or Agreement from hte Bank is excellent
surety for maintenance bonding.
j i Council passed and approved motion to approve
this method of Bonding,in this particular
i case the the "Letter of Credit".
i
SPARGER I I Under the Fire Dept report Councilwoman jDEPARTMENTAL
NDRRISON ! ! Louise Morrison requested that the councilREPORTS.
POPKIN I authorize the Fire Department to use as the
URBANOSKY i Fire Chief's Vehicle the 1977 Pontiac Lemans j
HARPER i i that was the old Police vehicle and gave
authorization to open bids on the 1974 Ford.
Council Approved. Mayor Hawk stated that a j
I i motion need not be necessary.
I
I Councilman A. C. Urbanosky commended the Police
I I Department on the change over of Head Dispatchers
and the smoothness of overall changes.
Wallace Cline stated that there was a Rhin
Break which loss was approximatly 500,000
gallons.
Building Inspector Bob Vass was present to
represent the plea of adopting the Standard
{ Building Codes and up-dating the present ones.
The National s also being recommended
and the council authorized Doug Campbell to 11~-j~
1 i roceed with neccosary action in drafting the Ordinance.
~ C
I ( ~Court report was smooth and no additional
i~ I I 1!comments.
Mayor Hawk announced the Council of Govern- Mayor's
' ments Workshop for May 26, 1978. Those wish- Report
ing to attend were to contact the City Secre-
tary.
SPARGER X X !Bills were approved as presented, (Attached
MORRISON I X and made a part hereof) Bills for
POPKIN I X I X I !Approval
URBANOSKY X
HARPER ! 1 X I
I X Mayor Hawk presented his recommendations for CITIZENS
SPARGER
for the appointment of a Citizens Advisory ADVISORY
1VIORRISON I X Committee. Council palsed and approved Res#
POPKIN X I COr.M9ITTEE
X 175-15.(Attached hereto and made a part hereof)
URBANOSKY X
HARPER X X
N1 b a 3 "Where Country Living Is At Its Best''
t~ O rd 0
d a CITY OF SOUTHLAKE, TEXAS
0 jC T] _
d H N MINUTES OF a 1.1hy 16, 1978
a DATE City Council IL-eeing
TIME ..7:30 p.m. 5 5 INDEX NO.
Name of Member PAGE OF OR CAPTION.
There being no further business, Mayor Hawk
adjourned the meeting.
!
' Mayor
I
i
Ci Secretary
i
j
I
! I ~ 9
I I ,i
I
N
t=
OMDM4CE NO. 123-D
AN OBDINANCC R IM ANY C'HANM IN uTnXfY RATES
OF na--Cx'Y E1 ZC I EVE, $c. 's PAT
AYPLIMICU UUED NOV", 2,1977
tREAS, the said City 0oundl, by prior resolution has suspended any
change in the pending application for d=gs of rates by Tri-County Electric
CD-operative,Inc. until final action of the said City Council, or until
May 38, 1978, whdhever event oomrrsd first; and,
, MAS, said City Council has oonclu '1 its public hearings and after
full consideration of the matter finds that it is in the best interest of
the City that such rate application be in total refused;
BE IT C}FDAINM BY THE CI'T'Y O UNCIL OF 'l CI'T'Y OF SOUT HLME, TMW:
1.
~ The Non Aber, 1977 rate application for rate adjustment filed with the
City by Tri ty Electric tb-gx ative, Inc. is hereby totally refused and
rejected.
2.
It is further provided that the ram in effect prior to the filing of
said Novesrber, 1977 application by said utility be continued within the
corporate limits of the City of southlake, T== by said Utility.
This said ordinance being effective upon its approval by the mayor of
said City.
A OPM this 16th day of May, 1978.
.
•
mayor
of I+ yr 197
Signed this g!^P... da:
AM=:
_ f
ty ary
APPR; TE/O~ TO F)M- r
ty AttorMy
BEFORE THE CITY COUNCIL OF THE CITY OF SOUTHLAKE
~ i
i In re: Application of Jim Parker 0 Case No.
for fence construction 0
permit and the use of 0
property zoned "Light 0
Industrial", the same 0 STIPULATIONS
being upon a tract of land 0
Ii out of the Thomas Easter 0
and S. Freeman surveys 0
I~ and being a part of lot 1 0
of the W. E. Mayfield 0
subdivision as recorded 0
~I in Vol 388-C, page 4 Deed 0
Records Tarrant County 0
Texas and containing 3. 92 0
acres more or less. 0
TO THE CHAIRMAN AND MEMBERS OF SAID CITY COUNCIL:
~i The undersigned property owner, in support of the above referred to
i~
application, hereby stipulates the facts concerning the matter in controversy
i.
k' and respectfully requests the acceptance and approval of the same in accord-
ance with the existing "Light Industrial" zoning under and by virtue of ord-
I1 inance number 161- 5 passed and adopted by the city of Southlake Texas on the i
15th day of July 1969, and it is accordingly stipulated as follows: I
i
FIRST: The undersigned property owner, Jim Parker stipulates that he
will continue to comply with and adhere to the zoning provisions of ordinance
J number 161- 5 and ordinance number 210 which adopted an edition of the
I
Southern Standard Building Code and comply with all other provisions of this II
~ i
special request.
i SECOND: That the application for building permit in February of 1978
requested only the construction of a fence in accordance with that certain
i ordinance No. 161 of the city of Southlake Texas, and ordinance No. 205.
I
j~ THIRD: That only vehicles which are towed in by the undersigned,
operating under Governmental authority, will be stored in the storage area
behind the fence and vehicles will not be stacked on top of each other. Such
{ fenced storage area, as shown on the attached plat marked Exhibit "A
i
i! I
'i
i!
1
,II
i
{I
is an area east of the existing building, and the same will be shielded from
i
11public view by a solid wood board fence of two (2) inch material to a height
I of eight (8) feet, including a solid board gate, all of which will be maintained
to the satisfaction of the City of Southlake, Texas. The area marked "No
storage area" on the attached plat will not be used for the storage of any
vehicles or parts thereof.
FOURTH: That any necessary dismantling work will be done within the
steel building situated upon the premises between 7 a. m. and 6 p. m. Monday
through Saturday, and the salvage remaining will be removed from the prem-
ises within seven (7) days.
„
FIFTH: That the front portion of the steel building on the premises in
question will be leased to Leamon Ragsdale for a paint and body shop and
;light mechanical work. A photostatic copy of such lease Agreement is attached
ii
hereto marked Exhibit "B".
WHEREFORE, the undersigned property owner respectfully submits
phis case for a fence construction permit and a certificate of occupancy for the
ij
building and storage area portion of the property shown on the attached plat
of his property zoned "light industrial" in accordance with Zoning Ordinance
a,
No. 161- 5 and Building Code Ordinance No. 210 and Ordinance 205 upon the
1iforegoing stipulations and respectfully requests approval of the same by the
(C{E City Council of the City of Southlake, Texas and agrees that any violations
I,
~by Applicant orhis lessee not cured within 10 days after written notice from
the said City will void the Certificate of Occupancy allowing such towing and
storage of towed vehicles.
Respectfully submitted,
Ii im Parker
1 120 E. Northwest Hwy.
(i Grapevine, Texas 76051
The above and foregoing stipulations of Jim Parker presented to the
l ~
I~
-2-
d+
i
City Council of the City of Southlake, Texas on this the 16th day of May 1978,
II are hereby approved and accepted, to certif y which witness the signature of f
I
II the Mayor of the City of Southlake, Texas,
ATTEST:
! I
` City S retary MARTIN R. HAWK, Mayor
APPROVED:
i
A
40
i y t orne
i
~ I
l
I f
i
i~
ii
i
I1
I
I
I
~I
- 3-
ii
ii I
N
W
W
LLA
C~
W W
O W ~
W NO STORAGE AREA
W 0
O
H
SpU~~L~
kE BLVD
Solid wood board fence:mmmmw
Outside storage area:
Building:
Jim Parker
EXHIBIT "A" /
STATE OF TEXAS 0
0 LEASE AGREEMENT
j~ COUNTY OF TARRANT 0
0
0
KNOW ALL MEN BY THESE PRESENTS: This agreement of lease,
made and entered into this the 6th day of May 1978, by and between
JIM PARKER, hereinafter referred to as LESSOR, and LEAMON RAGSDALE,
hereinafter referred to as LESSEE, WITNESSETH:
That LESSOR does by these presents lease unto LESSEE the following
described property lying and being situated in the County of Tarrant, State
of Texas and being more particularly described as follows: The front portion
{ of that certain steel building owned by LESSOR situated upon land likewise
i
owned by LESSOR, being a tract of land out of the Thomas Easter and S.
Freeman surveys and being a part of lot 1 of the W. E. Mayfield subdivision
it as recorded in Vol 388- C, page 4 Deed Records Tarrant County Texas and
containing 3. 92 acres more or less.
j That the lease of such premises above described shall be and is hereby j
granted for a term of one year beginning on the 6th day of May 1978 and J
ending on the 6th day of May 1979 to be occupied for the purpose of a paint
and body shop and light mechanical work and for no other purposes whatso-
a
ever.
i
And, in consideration of the leasing of the premises aforesaid by
~I.
LESSOR, JIM PARKER, the said LEAMON RAGSDALE as LESSEE hereby
convenants and agrees to pay LESSOR as rent for said leased premises, the
sum of TEN DOLLARS and other good and vauable consideration for the said
term of one year on the following terms, conditions and
# y up convenants:
1st: LESSEE shall pay the rent at the office of LESSOR in Grapevine,
Tarrant County, Texas, in advance as the same shall become due.
e~
I 2nd: LESSEE shall at his own costs and expense throughout the term j
i
of this lease, and so long as he shall remain in possession of the leased
r
EXrIIBIT "B"
' E I
premises, keep and maintain in good repair all portions of the above described
building located on the leased land and premises; furthermore LESSEE shall
keep the water pipes and connections free from ice and all other obstructions
during the term of this lease, and that he will keep said premises continually
in a clean and respectable condition during the term of this lease. However,
it is distinctly understood and agreed that the preceding sentences do not
require maintenance of said building, fixtures and equipment in perfect
condition or a condition equal to new, but LESSEE shall at all times keep and
i
maintain the same in such condition as to minimize, so far as is practicable,
by usual care and repairs, the affects of use, decay, injury and destruction
i
of said property, the LESSOR recognizing that certain depreciation by reason
of increasing age and use is unavoidable. LESSEE, so long as he shall re-
main in possession of the leased premises, shall keep and maintain all por-
tions of the premises, the improvements thereon, the appurtenances, ma-:
chinery, equipment and fixtures therein, in such condition as to prevent any
loss, damage or injury to the person or property of any other persons per-
mitted by the LESSEE to be on or about the leased premises, or to any
owners, occupants, licensees or invitees of adjoining premises. At the
termination of this lease, LESSEE shall deliver up the leased premises in as
good condition as at the beginning of the term, natural deterioration, depre-
ciation and damage by fire and the elements only excepted.
3rd: LESSEE agrees to accept possession of the leased premises in
their present condition, and it is agreed and understood that LESSEE has
!'!actually occupied said premises on the date of executing this lease.
4th: All property of every kind which may be on said leased premises
;during the term hereof shall be at the sole risk of the LESSEE and the LESSORi
i
i.
shall not be liable to LESSEE or to any other person whatsoever for injury,
loss or damage to any person or property in or upon said leased premises.
LESSEE hereby covenants and agrees to assume all liability for or on account
i
i
i
-2-
I
i
?i
of any injury, loss or damage above described and to save LESSOR harmless
therefrom. Furthermore, LESSOR shall not be liable to LESSEE or to LESSEE'
w
I patrons, employees, licensees, or visitors, for any damage to person or
I
property caused by or due to the building on said premises or any appurte-
I ~
' nances thereof being improperly constructed or being or becoming out of
i
repair or for any damages from any defects or want of repair of any part of
Ithe building for which the leased premises form a part, but LESSEE accepts
{I said premises as wholly suitable for the purposes for which the same are
I
leased and accepts the building and each and every appurtenance thereof and
iwaives defects therein and further agrees to hold LESSOR harmless from all
claims for any such damage. It is further especially understood and agreed
that LESSOR shall ,not be liable for any failure of water supply, gas supply or
electric current or for injury or damage which may be sustained to person or
property of LESSEE or any other person, caused by or resulting from steam,
electricity, gas, water, rain, ice or by snow or other liquid which may leak
or flow from or into any part of said building or caused by the breakage, leak-
' age, obstruction or other defect of pipes, wiring, appliances, plumbing or
lighting fixtures of the same or by the condition of said premises or any part
'thereof, whether or not the said damage or injury shall be caused by or be
3 due to the negligence of LESSOR, his agents, servants and employees.
5th: LESSEE shall not assign this agreement, or underlet the whole
1
j or any part of the leased premises, or make any alterations in or to the
Ibuilding thereon without the consent of the LESSOR first obtained in writing,
and shall not occupy or permit or suffer the same to be occupied for any other
business than that of a paint and body shop and light mechanical work, and it
i
shall be lawful for LESSOR at all reasonable times and hours to enter into
i
i and upon said leased premises to examine the condition thereof.
I!
6th: LESSEE shall in case of fire or other casualty give immediate
notice in writing to LESSOR who shall thereupon cause the damage to be
? I
r I
-3-
i
I
I~
I~
Irepaired forthwith, provided materials, supply and labor are reasonably
available; if any portion of the premises are rendered unfit for occupancy,
the rent shall be apportioned for the period of time required to make the
repairs, according to the part of the premises, if any, which remains usable
I
by LESSEE. If the entire building shall be destroyed, then within thirty days
'!after the fire or other casualty, either LESSOR or LESSEE may cancel this
lease by notice in writing to the other, effective as of the date of the mailing
I
(of the written notice, except that the rent shall be apportioned as of the date
of the fire or other casualty,
7th: No assent, express or implied by LESSOR to any breach of any
of LESSEE'S covenants, agreements, conditions or terms hereof shall be
deemed or taken to be a waiver of any succeeding breach of any covenant,
agreement or condition or term hereof,
8th: It is especially understood and agreed that all personal property
~I I
placed on the leased premises by the LESSEE may be removed by the LESSEE
I) at the termination of this lease, provided LESSEE shall not then be in default
! of any of his agreements, conditions, covenants or terms hereof, and provide
s~
14further that the building shall be left by LESSEE substantially in as good con- ~
li dition as at the beginning of the term, and provided further that no such
property shall be removed by LESSEE if such removal should permanently
I I A
injure of dismantel said building and provided further that the removal of any i
of such property shall be effected within five days after the expiration of said
term and all damages caused to said premises by such removal shall be
f
repaired by LESSEE at his own cost and expense.
9th: LESSEE shall not make alterations, additions or improvements
to the leased premises or building thereon without the prior written consent
F ~
}j of the LESSOR and after such consent has been given, unless otherwise agreed
ii
upon in writing, all alterations, additions and improvements made by the
J LESSEE upon the leased premises although at his own cost and expense, shall
I
-4-
'i
ip
if
i1
11
i
at the option of the LESSOR remain upon the premises at the expiration of
i
this lease and become the property of the LESSOR in fee simple, without
other action or process of law.
i` loth: LESSOR shall have a statutory landlord's lien and in addition
~II thereto, he is hereby given an express landlord's lien as security for the fixed
I
rent herein reserved, upon all of the goods, wares, chattels, implements, fix
tures, furniture, tools, machinery and other personal property which LESSEE
now or at any time hereafter places in or upon the leased premises, all exemp-
I
i
tions of said property or any part of it, being hereby waived.
3
11th; LESSOR hereby covenants and agrees that LESSEE shall and
Y
will upon payment of all of the rents herein provided to be paid by LESSEE, a d
upon fully observing and performing the covenants and agreements herein pro-
vided to be observed and performed by LESSEE, quietly and peaceably posses
and enjoy said above leased premises unless the lease be sooner terminated
under and in accordance with any of the provisions herein elsewhere contained
providing for such termination.
12th: If any of the fixed rent herein reserved to be paid by LESSEE
qq shall not be paid when the same shall become due and payable or if LESSEE
4p
' shall default in the performance of any of the other agreements, conditions,
~ I
covenants or terms herein contained or if LESSEE shall abandon the leased
premises for a period of five days or more, or if LESSEE shall take any benefit
i' under any insolvency or bankruptcy act, or have a receiver or trustee appoint$d
for his property, or if LESSEE'S leasehold interest shall be taken on executio
or other process of law, or if this lease shall be transferred or passed to or
devolve upon any other person, firm or corporation except in the manner pro-
vided hereunder, then and in any of said events, LESSOR may immediately or
at any time thereafter have the right to terminate and end this lease and the term
1hereby granted as well as all of the right and interest of the LESSEE hereunde~,
by giving LESSEE ten days notice in writing, and it is agreed that upon the ex-'
Epiration of the time fixed in such notice, if the said non-payment, default or
i;
ij
j - 5-
ther cause of termination specified in such notice shall not have been made
ood or removed, this lease and the term hereby granted and created as well
s all of the right and interest of LESSEE hereunder shall at the option of
LESSOR wholly cease and expire, in the same manner and with the same force
d effect as if the expiration of time in such notice were the end of the term
herein originally leased; and LESSOR may immediately or at any time there-
ter and without further notice or demand enter into and upon the said premise
r any part thereof in the name of the whole and repossess the same as of his
first and former estate and expel the LESSEE and those claiming under him an
ove his or their effects (forcibly, if necessary) without being taken or being
I ilty of any manner of trespass, and without prejudice to any remedies which
might otherwise be used for arrears of rent or preceding breach of covenant
a d that upon entry as aforesaid said lease shall be determined, and LESSEE
grees that notwithstanding the termination of this lease and possession regain d
y LESSOR he will indemnify LESSOR against all loss of rent which may accru
to him by reason of such termination during the remainder of the term aforesai .
13th:: It is especially understood and agreed by and between LESSOR
d LESSEE that in the event that the leased premises are condemned for publi
use by any governmental agency, municipal, county, state or federal, this leas
hall cease and terminate and be of no further effect, and LESSEE shall have n?
laim or demand of any kind or character in and to any award made to the
ESSOR by reason of such condemnation.
14th.:: At all times during the term of this lease LESSOR shall have
he right by himself, his agents, and employees to enter into and upon the leas d
remises during the reasonable business hours for the purpose of examining an
Inspecting the same in determining whether LESSEE shall have complied with
11 of his obligations hereunder with respect to the care and maintenance of the
remises, the repair and rebuilding of the improvements thereon when neces-
nary and all other terms and conditions hereof.
15th:: LESSEE shall have no power to do any act or to make any con-
tract that may create or be the foundation for any lien upon the present or othe
-6-
,I
estate of the leasehold and leased premises or upon any of the buildings or im-
provements thereon, and should any such lien be created or filed, LESSEE at
his own cost and expense shall liquidate and discharge the same in full within
ten days next after the filing thereof, and should LESSEE fail to discharge the
same, that shall constitute a breach of LESSEE'S covenant herein.
i i
16th: LESSEE agrees that in taking this lease he is governed by his
~wn inspection of the premises and his own judgment of their desireability for
i~s purposes and has not been governed or influenced by any representations of
e LESSOR as to the condition and character of the buildings upon the premises
i
~r as to the earning capacity thereof; that no agreements, stipulations, reserva,
eons, exceptions or conditions whatsoever have been made or entered into in j
I
egard to said premises or this lease which will in any way vary, contradict or
pair the validity of this lease or of any of its terms or conditions and that no ~
odification of this lease shall be binding unless it be in writing and executed
d acknowledged in due form. Furthermore LESSEE takes this lease upon the
i
]'.~ased premises subject to all recorded easements and restrictions affecting
e occupation and use thereof and subject to all statutes, ordinances and regu-
0.tions of competent governmental authority affecting the occupancy and use
~~ereof, the construction and maintenance of the improvements thereon, and
e business and occupation to be engaged in by LESSEE in force now and sub-
I
~ I
equently during the term of this lease.
{ 17th: Any word, group of words, phrase, sentence, paragraph or pro
ision herein prohibited by law, or decision by a Court of final jurisdiction shal
e ineffective to the extent of such prohibition without invalidating the remaining
rovisions hereof.
18th: Whenever any payment is to be made under this lease, at or
ithin a time stated, and whenever any act is to be done under this lease, by
tither party, at or within a stated time, time shall be of the essence of this
i~
greement. I
f
k
19th: Any notice from LESSOR to LESSEE relating to the leased
remises, or to the occupancy thereof, shall be duly served, if addressed to
4~ I
,c t
-7-
LESSEE by United States registered mail, Return Receipt requested. Any
i
notice by the LESSEE to the LESSOR shall be sent by United States Registered
Mail, Return Receipt requested.
i
20th: It is distinctly understood and agreed by and between the LESSOR
l .
~nd the LESSEE that any holding over by LESSEE to the herein leased premise
I
fter the expiration of this lease shall operate and be construed only as a
enancy from month to month, terminable at the will of the LESSOR, at a
monthly rental calculated on the basis of the consideration in the orginal lease.
I
`I 21st: Provided LESSEE has not defaulted in any of the terms, conditions
and provisions hereof, LESSEE shall have the priviledge of renewing
~nd extending the term hereof for a period of one year, beginning on the 6th
,~ay May 1979 and terminating on the 6th day of May 1980, upon the same terms
I
~bonditions anu provisions hereof except that such renewal and extension shall
ontain no further option or renewal privilege and shall be granted only in the
event that LESSOR intends at such time to continue leasing such hereinabove
:as ed premises for another period of one year, provided however, that in
der to exercise his option, LESSEE shall and must give LESSOR written
a
?tiotice by United States registered mail, return receipt requested, of his in-
i".
t
ention to exercise said option no later than the 6th day of April 1979, and
hereafter for such renewal and extension of the term hereof to be effective the,
dame must be acknowledged and agreed to in writing by the LESSOR to LESSEE
~nd directed to LESSEE by United States registered mail return receipt
equested,
22nd: The words "LESSOR" and "LESSEE" and all personal pronouns
I
4nd relative words used herein with reference to such party or parties shall
apply regardless of number or gender.
t
I
IN TESTIMONY WHEREOF, the parties to this agreement have here-
nto set their hands to duplicate originals this the 19th day of May, A. D. 1978
RIM PARKER, LESSOR
LEAMON RAGS LE, LESSEE
~I -8-
i
~1 i
i
STATE OF TEXAS Q
Q
COUNTY OF TARRANT Q
Before me the undersigned, a Notary Public in and for said County
and State, on this day personally appeared JIM PARKER known to me to
be the person whose name is subscribed to the foregoing instrument and who
being by me duly sworn upon oath, acknowledged to me that he, JIM PARKER
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 18th day
of May, A. D. 1978.
Notary ublic in an for Tarrant County,
Texas.
STATE OF TEXAS 0
Q
COUNTY OF TARRANT Q
Before me the undersigned, a Notary Public in and for said County
and State , on this day personally appeared LEAMON RAGSDALE known to
me to be the person whose name is subscribed to the foregoing instrument
and who being by me duly sworn upon oath, acknowledged to me that he,
i
LEAMON RAGSDALE executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 18th day
of May, A. D. 1978.
Notary Public in and for Tarrant County,
Texas.
-9-
F~
I
BEFORE THE CITY COUNCIL OF THE CITY OF SOUTHLAKE
i
IlIn re: Application of Jim Parker Q Case No,
for fence construction Q
permit and the use of Q
property zoned "Light Q
Industrial". Q
TO THE CHAIRMAN AND MEMBERS OF THE CITY COUNCIL OF
1
SOUTHLAKE, TEXAS:
We,the undersigned property owners, in the city of Southlake Texas
i~
11have examined and considered the application of Jim Parker for a fence
construction permit and a certificate of occupancy for the building and storage
i
11area portion of his property which is situated adjacent to our properties,
iand the purpose of this signed statement is to advise the City Council that we
1have no objection whatsoever to the construction of a solid wood board fence
of two (2) inch material to a height of eight (8) feet at the location shown
i
on the plat attached to Mr. Parker's application,
~f We further state that we have no objection to the granting of a certifi-
h
~cate of occupancy to Mr. Parker for the use of his building and storage area
i
in the manner outlined in the third, fourth, and fifth paragraphs of his
+
application,
~I
j' Respectfully submitted,
11
Don Stuck
2438 Southlake Blvd.
Southlake, Texas 76051
EE Co L. Chambers
I Southlake, Texas 76051
{I
f
I
RESOLUTION NO. 75-15
WHEREAS, the City Council of the City of
Southlake deems it to be in the best in-
terest of its citizens to have orderly
zoning and development consistent with the
desires and the welfare of the majority;
AND,
WHEREAS, the City Council of the City of
Southlake desires to permit the receipt
of input and advice from its citizens;
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE THAT:
1.
A Citizens Advisory Committe be and is hereby recreated for
the purpose, and with the role, indicated in the attached
charter marked "Exhibit A".
2.
The following citizens are hereby appointed for a term of
one (1) year from June 1, 1978:
Mary Ann Copp, Chairperson
Louise Burrows
Martin ?tale
Jerry Black
Weldon Banks
Frank Mikulencak
Sheri Hussey
Jim Armstrong
Herb White
Roy Lee
Carolyn Poe
Dennis Crosby
PASSED AND APPROVED THIS 16th day of ?.Tay, 19
Mayor
ATTEST.
City Secretary
CITIZENS ADVISORY COMMITTEE
GENERAL
This Committee was initially established by the City of Southlake on
20 April 1976. Due to the useful purpose of the Committee, it is deemed in
the best interest of Southlake to revitalize the Committee and continue its
activities.
FUNCTION
The Committee's functions are to work with the members of the Planning
and Zoning Commission to:
(a) Rewrite existing Zoning Ordinance 161 to make required changes
and satisfy deficiencies,;: and
(b) Evaluate the proposed zoning ordinance now completed.
LIAISON
All direct guidance and support of the Committee will be Provided by the
Mayor.
ORGANIZATION
The Committee will consist of twelve men and women appointed by the
Mayor and approved by the Council, one of which will be ddsignated by the
Mayor as chairperson.
MEETINGS
The Committee will meet in work sessions on the first and third Mondays
of each month.
TERM
The life of this Committee shall be one year unless extended or shortened
by the City Council.
ATTENDANCE
It is expected that each member of the Committee will attempt to attend
every meeting, but it is understood that emergencies will occur. Should a
member of the Committee miss three consecutive meetings, it will be assumed that
the member no longer desires to serve on the committee and that member will be
removed. Should a member submit a written justifi-cation to the Chairnerson
prior to the third absence, this will be taken into consideration.
CITIZENS ADVISORY COMMITTEE
page 2
END PRODUCT
A written report will be prepared documenting the Committee's recommendations
for the Zoning Ordinance. The report will be specific on these points:
(a) Modifications to the existing Ordinance 161. This will be complete
with suggested language.
(b) Changes to future land use map.
Incremental reports on specific subjects or aspects of the ordinance can be
requested by either the Council, the Planning and Zoning Commission, or the
Mayor.
FINDINGS OF CITY COUNCIL OF CITY OF SOUl'19AKE,
TEXAS CONCERNING REASONS FOR FURIU M SUSPENSION
OF ANY RATE CHANGE IN RATE SCHEDULE OF TEXAS
POWER AND LTGHT COMPANY
The reasons of the City Council of the City of Southlake, Texas for the
consideration of and the passing of Resolution No. 78-1( , which reasons were
adopted by the said City Council prior to the actual passage of such resolution,
are as follows :
I. Since the last public hearing held in connection with this matter there has
been a 40% change in the Council make-up because of the fact that two new
Council persons were elected in the recent election to replace two Council persons
who had previously heard the public hearing and reviewed the basic volumnious
information concerning the subject rate change and additional time will be needed
for such new members of the City Council to review the information and be ready
to take action tYreon.
II. The said Council further believes that in view of such new Council make-up
one more public hearing during the month of June, 1978 would also give such
Council members a more adequate opportunity to receive the thoughts of the public
at large and also the Utility Company representatives if they desire to so attend.
III. Although the Texas Public Utility Commission has taken substantial action
in connection with Texas Pacer and Light Company's systemwide rate request pending
before it, such action is not complete and a further study of the action to date
and any future contemplated action would be of great assistance to the Council
in making a fair rate determination and additional time for such study and receipt
of future report is needed.
IV. Based on a review of the present information and the status of the change in
the Council, the present City Council is of the present opinion that it is not
presently sufficiently informed to properly act on a rate change and at least
30 days from May 23, 1978 would be necessary and reasonable to review such
information and take such action.
The above findings made by the City Council of the City of Southlake,
Texas, this 16 day of May, 1978.
ATTEST:
` Mayor
Cit retary
RESOLUTION NO. 78=16
CITY OF SOUTHLAKE, TEXAS
I
WHEREAS, approximately December: 21, 1977, Texas Power and Light
Company filed with the.City of Southlake, Texas, a request for rate change;
and,
WHEREAS, the City Attorney and City Council have made preliminary
reviews of said application and held one public hearing; and,
WHEREAS, by Resolution No. 78-3 passed by the said City Council on
January 3, 1978, the said City Council did suspend any change in such rate
until final action of the said City Council on the said rate change request
or May 23, 1978, whichever event occurs first; and,
WHEREAS, the present City Council has reviewed the said matter including
the said date of May 23, 1978 and prior to passing this said resolution, the
said City. Council has made written findings concerning reasons for a further
suspension of any said rate change; and,
WHEREAS, pending further hearings and proceedings on said application
and the future decision of the said City Council thereon and while such matter
is pending, the said City, through its City Council, deems it in the best
interest of the city and its citizen customers of said utility and the utility
i
itself, that the operation of any proposed rate change, in whole or in part, of
j said utility, be suspended until final action of the said City Council on said
rate change request or until 30 days after May 23, 1978, such date being June
I
22, 1978, whichever event occurs first, being either final action of the said City
Council, or June 22, 1978;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SOUEU AM, TEXAS:
That the effective date of any change in the rate schedule of Texas
Power and Light Company within the.City of Southlake, Texas existing prior to
January 25, 1978, be and the same is hereby suspended until final action of said
City Council on the said rate change request, or 30 days after may 23, 1978,
whichever event occurs first, such latest date of effective suspension being
June 22, 1978.
That such suspension shall be effective upon delivery of a copy of
this resolution to said Texas Power and Light Company after delivery of the
written reasons for such suspension which are attached hereto for reference
purposes;
That during the period of suspension as above provided the rates in
force prior to the filing of the present rate increase application by Texas
Power and Light Company shall continue in force; and,
BE IT FURTHER RESOLVED:
That the City Secretary is hereby authorized and directed to deliver
a copy of this resolution to said utility many after delivery of the written
reasons therefor, such delivery to be by certified mail, return receipt requested,
or by personal delivery.
ADOPTED AND APPRDVED this Ah day of May, 1978.
Mayor
ATTEST:.
City Secretary
SOUTHLAKE FIRE DEPARTMENT
MONTHLY REPORT
I. RESPONSES:
Structure Fires 0
Grass Fires d................ 3
Auto Fires 1 .
Auto Accident-Stand-by-(Rescue UnitK Fire Unit) 1
Mutual Aid-Other cities .............1................................... 0
False Alarms..... 0 0 .............1
Rescue Urilt.....•.••......•.........'....... 2
A. Missing Person-----Midway Camp Area
B. Possible Overdose-----Park area East of Midway Camp
.,Misc. Alarm$ 2
B`. Trash Fire-----Old tires Meadowmere Park Area
B. Auto stranded in mud near lake edge (4 persons in vehicle; Jones
slugh Grapevine Lake)
TOTAL EMERGENCY RESPONSES FOR MONTH.1 .................................•••10
M
MAN/HOURS EXPENDED:
46 Hrs
Emergency Calls.... (I
Meetings (4) Average: 160 Hrs
Maintenance Average Time............. t •120 Hrs
Training Sessions (2) man hours,inc1j4ded,,'.in meetings
TOTAL MAN/HOURS FOR MONTH........ ...............................326 Hrs
III. FIREFIGHTERS RESPONSES AND NUMBER OF TIMES RESPONDING:
Chief Steele----------8 R. Rooter-------------3
Asst Chief 5% T. $ryant -----------=---2
FireMarshall.Joyce---- 2 J: ,Andrews------------3
Capt. Polson---------- 3 J. Brown--------------4
Capt. Roper--- 73 R. DeVaul------------- -5.
Lt. Dodson------------3, C.'.Bel1.--------------- 2
Lt. Sullivan----------4 D. Drennan------------4
T. Boyer----- -----5 J. Jones-•------------1
C. Higgins--t--------- 6 K. Cosgrove------------ 4
W. Winchester---------2 R. Bradley------------3
E. Reed---------------4 D. Du ree--- 4
S. Ferittita---------- 3 R.,Martin ------------2
Respectfully Submitted,
R. P. Steele ire Chief
Southlake Fire Department
WATER DEPARTMENT REPORT
Month of APRIL
Gallons Pumped previous month 6,291,200 state and County
uling water.
Six inch main break
Gallons sold previous month 5,260,000 on Dove.
New Taps installed for month 4
Meters changed out 3
Line repairs: Materials 2 service lines pulled; dresser cuplings, bushings.
Machine Rental $130.00
Other repairs None
Water Superintendent
CITY OF SOUTHLAKE
MONTHLY REPORT TO CITY COUNCIL
EU11ZING DEPARTMENT MONTH OF APRIL 1978
1. NUMBER OF INSPECTIONS
Current Last Mouth
Electric 20 17
P l ,xb ing 13 20
Fourdat4 on 10 8
Heating & A/C 5 5
septic System 4 5
Driveway Approach framing 5
& sidewalks
Total Inspections 56 58
p.
2. PERMITS
This Month Fee Last Month Fee
* Building , 500.00 10 ' 742.00
Electrical 7 78.00 10 104.50
P lumb ing 128.00 6 76.00
Heat A/C 1. 13.00 2 26.00
Other septic .3 25.00 1 5.00
Certificate of Occ. 1 25.00
Total Permits 27 769.00. 29 953.50
3. BUILDING VALUATION
This Month Last Montt. To Date This Year
$158,000.00 311,174.00 $738,003.00
4. PLANNING & ZONING FEES
This Month Last Month To Date This Year
$ 100.00 -0- $ 438.00
5. TOTAL DEPOSITS IN BUILDING FUND
This Month To Date This Year
$ 869.00 $ 3,010.50
* Building Permits:
RESPECTFULLY SUBMITTED, Residences: 4
Additions: 2
Fence:- 1
7z-~ /l
uilding apartment
CITY OF SOUTHLAKE
MUNICIPAL COURT ACTIVITIES REPORT
APRIL 1978
HONORABLE MAYOR AND CITY COUNCIL:
Cases Set for Trial: 59
Cases Heard: 28
Cases Dismissed: 12
Cases Appealed: 6
Citations Paid: 138
Warrants Issued: 0
Cases Reset: 8
Cases Assigned to Defensive Driving: 1
Cases Reduced to Lesser Charge: 18
Cases Released to other authority, 0
immigration, juvenile, etc.)
Respectfully,
ourt Clerk
CITY OF SOUTHLARE
POLICE DEPARTMENT
APRIL 1978
Honorable Mayor and City Council
Police Department Report for the month of April '978
Tickets issued in March
Tickets issued in April X82
Persons in jail in March 16
Persons in jail in April 15
Traffic accidents in March !2
Traffic accidents in April 14
Burglaries investigated in March 2
Burglaries investigated in April 0
Approximate total value taken in burglaries in April 0
Approximate total value recovered in burglaries in April 0
Thefts investigated in March 4
Thefts investigated in April
Approximate total value taken in thefts in April $2550.00
Approximate total value recovered in thefts in April 0
Number of calls in March 74'
Number of calls in April 665
Speedometer reading on Unit #5 ( 74 Ford ) 79 663
Speedometer reading on Unit #8 ( 75 'c'ord ) 0
Speedometer reading on Unit #9 ( 76 Ford ) 137,435
Speedometer reading on Unit CO ( 77 Pontiac ) 85 576
Speedometer reading on Unit 711 ( 78 Ford ) 26,103
Speedometer reading on Unit #12 ( 78 Ford ) 9,145
Miles driven in March 8,613
Miles driven in April 9,834
Respec ally submitted,
c.
C. Daymond Gaddy
Chief of Police
SOUTHLAKE POLICE DEPARTMENT
CDG/cdw
Total fines paid for March $3,069.00
Total fines paid for April $3,157.50
Total fines paid -~,PS for April 518.50
~C C7 H
cy ~ z ro
z - z
TICKETS 0 42 15 34 60 31 t82
AMOUNT
it
4 OF CALLS 140 97 60 144 17-3 665
Or A&RES S 0 3 I 3 6 2 15
,jCCIDENTS 0 5 2 2 4 1 t4
3URCLARIES 0 0 0 0 0 0 0
f
CHEFTS 0 0 0 1 0 0 1
r
.ILES DRIVEN 1000 1517 1252 1785 1650 2630 9,834
{
30L'RS WORKED 143 176 168 184 152 168 991
6
r~
~i
STEP SUMMARY
APRIL '.978
Total hours worked 0
Total tickets written 0
Total written warnings issued 0
Total fines paid $260.00
Total fines to be paid 0
BILL TO BE APPROVED May 16,1978
Police Dept
Rogers Office Supply #6754 24.50
Bell Communications. Apri•1 181.50
National Building Centers 93140 10.86
Lancaster Pittard Prof 4/25/78 25.00
General Telephone 5/1/78 65.00
Incoterm Corporation 11390 209.00
Northeast Campus Boodstore 693 12.40
Texas Department of Public
5/5/78 10.00
Safety.
Payton Wright 5/10/78 69.00
Prime Supply 5/4/78 71.61
Prime Supply 5/3/78 14.00
North Texas State Univ. 5/24/25 28.50
721.19
City Adm.
Regional Office Supplies 5/15/78 9.80
Planning and Zoning Workshop 5/19/20 (Bruce McCombs) 15.00
Grapevine Publishing Co 5/9/78 77.00
Xerox 5/5/78 101.67
11ays Flowers,Grady,Burruss 5/1/78 90.00
Tri County 5/1/78 104.55
398.02
Fire Dept
Bell Communications April 157.77
A-Ok Locksmith 5/5/78 6.39
Motor Supply Co. 4/26/78 39.67
Tarrant County
Firefighters Association 4/17/78 24.00
White's Auto Store 5/1/78 5.32
233.15
Water Dept
Bell Communication April 28.00
National Building Centers 4/27/78 n 22.59
Whites Auto Store 5/1/78 13.27
The Bohan Corporation 4/30/78 306.54
370.40
Texas Power & Lights 3/29/78 1;169.12
Gulf Oil 4/30/78 1,269.68
CTPANT) TOTAL 4,161.56