1977-08-02
165
CITY OF SOUTHLAKE, TEXAS
667 N. Carroll Avenue
Southlake, Texas
REGULAR CITY COUNCIL MEETING
August 2, 1977
7:30 P.M.
A G E N D A
I. Tri-County Electric Co-op Hearing: Res. No. 77-27.
II. ZA-77-7-Request for A-3 Zoning by Harry Field.
(Ord. No. 161-74)
III. ZA-77-8-Request for L-Commercial Zoning by R. P.
Steele. (Ord. No. 161-75)
IV. ZA.-77-9-Request for A-3 Zoning by Robert L. Taylor.
(Ord. No. 161-76)
V. Regulation of Peddling: Discussion of Proposed
Ordinance.
VI. Cancellation of Tax Item - Resolution No. 77-29.
VII. Acceptance of the 1977 Tax Roll.
VIII. City Administration:
A. Consideration of Uniform Bid Specifications. (NCTCOG)
B. Approval of Bills.
C. Mayor's Report.
I hereby certify that copies of the foregoing agenda were posted on
the outer door of City Hall and on the bulletin board in City Hall
at 667 N. Carroll Avenue, Southlake, Texas, Friday, 29 July 1977
at 3:20 P.M.
_e 99~
City Secretary
176
o ~ b ro y y
c n 0 N M CITY OF SOUTHLAKE
z d e
d
y MINUTES OF: Regular Council Meeting
t4 6) 0
~ y ~d DATE OF MEETING: 2 August 1977
H H TIME OF MEETING: 7:30 P. M.
z z
NAME PLACE Or MEETING:Council Chamber, City Hall
OF 667 N. Carroll Avenue
MEMBER Index No.
Page 1 of 3 Pages Caption
OUNCIL MEMBERS PRESENT: Mayor Pat Hawk, Mayo
ro Tem. C. A. Sweet, Councilmen Bob Goode, A.C.
rbanosky and Brad Popkin.
OUNCIL MEMBERS ABSENT: Councilman Sam Sparge
STAFF PRESENT: W. D. Campbell, City Attorney,
L. S. Senn, Building Inspector, D. R. Hughes,
Police Chief and R. P. Steele, Fire Chief.
INVOCATION: Mayor Pro Tem. Sweet.
INUTES of the last regular meeting were ap-
proved as amended.
For the record, the City Attorney advised the TRI-COUNTY
Council that the City has a franchise agree-, ELECTRIC CO-
ment with Tri-County, passed in January of OP. HEARING
1959, about two or two and a half years after
one was granted to Texas Power & Light. He
stated that Tri-County should be under the
regulation of the City regarding possible
violations, and that citizens should have the
choice of which service they want and have it
if economically feasible, and-the City should
consider some control of-the fuel adjustment.
The meeting was then closed to the public for
the purpose of discussing possible litigation.
Urbanosk X X Upon re-opening the meeting, Council passed
Goode X X and approved Resolution No. 77-27 requiring 1RES. NO.77-2-
Swee X Tri-County Electric to furnish requested in- (JL,
Popkin X formation and prohibit expansion under certain
conditions. (Said Resolution attached hereto ~ 1
Sweet X X and made a part hereof.) Following this ac- ROLUTION'/
Popkin X X tion, Council passed and approved Resolution NO. 77-28 !lICCCCCC
Goode X No. 77-28, requiring TP&L and Tri-County to
Urbanosky X serve customers in an equitable manner. (Saida
Resolution attached hereto and made a part
hereof.) Council then passed and approved ORDINANCE NO.
Popkin X X Ordinance No. 123-C limiting the "Adjustment 123-C
j Goode X X Charge" of Tri-County Electric Cooperative,Inc.
Sweet X for a limited period by amending Ordinance No.
Urbanosky X 123-A. (A copy of said ordinance is attached.)
177
ro ro o 0
o CITY OF SOUTHLAKE
d z ~
y ~ MINUTES OF: Regular Council Meeting
y DATE OF MEETING: 2 August 1977
TIME OF MEETING: 7:30 P. M.
NAME y PLACE OF MEETING:Council Chamber, City Hall
OF y 667 North Carroll Avenue
MEMBER Index No.
Page 2 of 3 Pages Caption
Mayor Hawk introduced Mr. Fenton of the Trophy TROPHY CLUB
Club who presented the City with a check for DONATION
$3,000 as a contribution for firefighting ser-
vices rendered the Trophy Club by the Voluntee
Fire Department. Mayor Hawk thanked him on be-
half of the Council and citizens.
Popki X X Council passed and approved Ordinance No. 161- ORDINANCE
Urbanosk X X 74, amending the zoning classification of Lots NO. 161-74
Sweet X 1-R, 2-R, 3-R and 4-R of Block 3, Revised, of A-3 DISTRICT
Good X Southlake Park Addition, an addition to the ZONING
City of Southlake, from Ag District to A-3
District.
j Popki X X Council passed and approved Ordinance No. 161 ORDINANCE
Sweet X X 75, amending the zoning classification of Lot NO. 161-75
Goode X 2, Oaks Addition, an addition to the City of L DISTRICT
Urbanosky X Southlake, from Ag District to L District. ZONING
Popkin X X Council passed and approved Ordinance No. 161 ORDINANCE
Goode X X 76, amending the zoning classification of 56. NO. 161-76
Sweet X acres of land out of the N. E. Thompson Sur- A-3 DISTRICT
Urbanosky X vey, Abstract 1563, described by metes and ` ZONING
bounds therein, from Ag District to A-3 Dis-
trict.
Urbanosky X X Council passed and approved Ordinance No. 236, ORDINANCE
Sweet X X regulation "itinerant merchants", "itinerant NO. 236
Goode X vendors", and "peddlers"; defining terms; pro REGULATION
Popkin X viding for licenses; establishing license fee ,OF PEDDLERS
providing for a penalty for violation; provid,
ing a savings clause; and providing for pub-
lication and effective date.
Goode X X Council passed and approved Resolution No. 77 RESOLUTION
Sweet X X 29, cancelling an error on the 1976 Tax Roll. NO. 77-29
Popkin X (Said Resolution attached hereto and made a CANCELLING
Urbanosky X part hereof.) TAX ERRORS
Popkin X X Council accepted the 1977 Tax Roll presented ACCEPTANCE
1 Goode X X by the Tax Assessor and approved by the Tax OF 1977 TAX
Sweet X Equalization Board in the total amount of ROLL
Urbanosky X $18,188,721 taxable value in the City.
173
c
to ro b 0 oa CITY OF SOUTHLAKE
G d d
d MINUTES OF: Regular Council Meeting
' DATE OF MEETING: 2 August 1977
TIME OF MEETING: 7:30 P. M.
z n PLACE OF MEETING: Council Chamber, City Hal
667 N. Carroll Avenue
NAME
OF Index No.
MEMBER Page 3 of 3 Pages Caption
Popkin X Me Council was informed of NCTCOG's efforts CITY ADMIN.:
to standardize construction bid specifications A. Bid Specs
overing installation of streets, storm drain-
ge, waterworks and sewerage facilities for
Popkin X X use by the cities in the NCTCOG area. Council
Goode X X pproved contributing $25 toward this project
Sweet X ith a request for the finished project when
Urbanosky X vailable.
Goode X X
Urbanosky X X Council approved payment of the bills pre- B. Bills
Sweet X ented per the attached list.
Popkin X
Junior Hall addressed the Council to lodge a
omplaint on behalf of the customers of the
atfish Hut, owned by him and his brother, as
well as themselves, concerning the lowering of
e speed limit on to 30 MPH on Lonesome Dove.
e asked Council to return the speed limit to
0 MPH.
Me Council's attention was directed to the
Developer's Agreement for Summerplace Addition
herein an interest charge was included in the
igures for the mini-treatment plant not pre-
iously discussed. The City Attorney was
irected to contact Mr. Leon Levitt concerning
he matter.
Me Mayor reported complaints concerning stray C. Mayor's
i dogs. Following discussion, the City Attorney Report
as directed to draft an appropriate ordinance
with Councilman Goode developing costs invoke
Me Mayor next reported on the polling of
otential sewer users, stating the survey was
out 90% complete with 65 wanting service and
8 not wanting it, the Carroll School wanting
it and Mesco and Turner companies not wanting
it. Following a discussion on whether or not
o complete the poll, the Council decided it
{ hould be completed as soon as possible.
There being no f usi ss he m ing
adjourned.
7
I ATTEST:
' Mayor
City Secretary
RESOLUTION NO. 77-27 -
A RESOLUTION REQUIRING TRI-COUNTY ELECTRIC COOPERATIVE,INC.
TO FURNISH INFORMATION TO THE CITY OF SOUTHLAKE, TEXAS AND
PROHIBITING EXPANSION UNDER CERTAIN CONDITIONS
WHEREAS, Tri-County Electric Cooperative,Inc. has been requested by the
City of Southlake, Texas by letter of July 7, 1977 for location of its existing
lines in the City of Southlake, Texas approximately January 9, 1959; and,
WHEREAS,four maps called Detail Maps 35,37,38 and 39 furnished by Tri-County
Electric Cooperative,Inc. to the City covering location of lines between the
periods of February 9, 1948 and January 24, 1966 failed to disclose any
distinguishing locations as of the date of approximately January 9, 1959; and,
WHEREAS, the franchise agreement between the City of Southlake, Texas and
Tri-County Electric Cooperative,Inc., being Ordinance 123 of the City of
Southlake, Texas provides in part that "Nothing herein contained shall ever be held
or construed to confer upon the Cooperative exclusive rights or privileges of
any nature whatsoever. In accepting this ordinance and the rights granted
hereunder Tri-County Electric Cooperative,Inc. agrees that its lines shall extend
no further toward the lines of Texas Power and Light Company than an imaginary
boundary line equal distance between the existing lines and facilities of Tri-
County Electric Cooperative and the existing lines of Texas Power and Light
Company. The Cooperative further agrees not to cross the existing facilities
of Texas Power and Light Company."; and,
WHEREAS, The City Council finds that on the evidence reviewed to date,
Tri-County Electric Cooperative, Inc. appears to have violated said franchise
agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1: That Tri-County Electric Cooperative,Inc. by no later than
October 1, 1977 furnish the City of Southlake, Texas the names and addresses
or map locations of customers within the City of Southlake, Texas on January 9,
1959 or the nearest billing date after January 9, 1959.
SECTION 2: That Tri-County Electric Cooperative, Inc. furnish the City of
Southlake, Texas by no later than September 1, 1977 the names and addresses
of its customer billings within the City of Southlake, Texas as of the first
billing prior to September 1, 1977.
SECTION 3: That Tri-County Electric Cooperative,Inc. make no further service
connections without the prior approval of the City of Southlake, Texas in any
area within the City's corporate boundaries which would violate the territory
defined in Section 6 of Ordinance 123 of the City of Southlake, Texas, such
Section 6 being fully stated heretofore in this resolution.
SECTION 4: That the City Secretary is hereby directed to send a copy of this
resolution to the General Manager of Tri-County Electric Cooperative,Inc.,
I
Azle, Texas as notice hereof, and it is so resolved.
PASSED AND ADOPTED by the City Council, City of Southlake, Texas, on this
,day of August, 1977.
CITY OF SOUTHLAKE, TEXAS
r
Mayor !
i
ATTEST:
1
City Secretary
APPROV
City Attorney
ISO
RESOLUTION NO. 77-28
A RESOLUTION REQUIRING SUPPLIERS OF ELECTRICAL POWER TO
SERVE CUSTOMERS IN THE CITY OF SOUTHLAKE, TEXAS IN AN
EQUITABLE MANNER
WHEREAS, both Texas Power and Light Company and Tri-County Electric
Cooperative,Inc. are the holders of franchises from the City of Southlake,
Texas under which the conditions of services are established; and,
WHEREAS, both utility companies have been certified by the Public
Utility Commission to generally serve the customers within the City of
Southlake, Texas; and,
WHEREAS, Tri-County Electric Cooperative,Inc., by Section 6 of Ordinance
123 of the City of Southlake, Texas, also being the franchise agreement between
the parties, designates an area in which the said Tri-County Electric Cooperative,
Inc. has not been granted a franchise in which to operate; and,
WHEREAS, the City of Southlake, Texas has received numerous complaints
concerning a customer not having the right to choose its electric power
supplier; and,
WHEREAS, the City Council of the City of Southlake, Texas desires to
require its franchisees to perform their obligations as set forth in such
franchise agreements;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1: That both Texas Power and Light Company and Tri-County Electric
Cooperative,Inc. are hereby instructed to provide electrical service to all
residents of the City of Southlake, Texas who request in writing such service
from a particular utility company, such utility company selected by such
customer shall furnish such service subject to the requirements of the franchise
agreement between the city and such power company and subject to the cost to
furnish the facilities for serving such dustomer by the particular utility being
feasible under reasonable business practices.
SECTION 2: That this resolution is applicable to both present customers
of either of said utilities as well as future customers.
SECTION 3: That any new service to a customer which would be in an area
where Tri-County Electric Cooperative,Inc. would, by serving said customer,
violate Section 6 of Ordinance 123 of the City of Southlake, Texas, shall not
be commenced without prior approval of the City of Southlake, Texas.
SECTION 4: That the City Secretary is hereby directed to send a copy of this
resolution to the General Manager of Tri-County Electric Cooperative, Inc.,
Azle, Texas, and to the General Manager of Texas Power and Light Company,
Grapevine, Texas, as notice hereof, and it is so resolved.
PASSED AND ADOPTED by the City Council, City of Southlake, Texas, on
this _day of August, 1977.
CITY OF SOUTHLAKE, TEXAS
by:
Mayo r
ATTEST:
Clty Secretary
APPROVED:
City Attorney*-
18 IL
ORDINANCE No. 123-C
AN ORDINANCE LIMITING THE "ADJUSTMENT CHARGE"
OF TRI-COUNTY ELECTRIC COOPERATIVE,INC. FOR A
LIMITED PERIOD BY AMENDING ORDINANCE 123-A.
WHEREAS, written notice was given to Tri-County Electric Cooperative,Inc.
by Resolution 77-10 of the City of Southlake, Texas adopted March 15, 1977
to the effect that the City intended to commence a rate hearing at its regular
City Council meeting June 21, 1977; and,
WHEREAS, public hearings have been conducted since such date and the
City Council of the City of Southlake, Texas has reviewed all information
received from the public as well as representatives of Tri-County Electric
Cooperative,Inc.; and,
WHEREAS, the City Council of the City of Southlake, Texas finds that over
a period of time the "Adjustment Charge" has been in effect in the City of
Southlake, Texas, the overall average rate charged by Tri-County Electric
Cooperative,Inc. has abnormally increased due to the "Adjustment Charge"; and,
WHEREAS, the City Council further finds that a reasonable method of regulating
a "Adjustment Charge" does not presently exist, and such fact has and presently
results in excessive rate charges by Tri-County Electric Cooperative,Inc.; and,
WHEREAS, the City Council finds that an interim control on said "adjustment
charge" is in the best interest of the citizens of Southlake, Texas and would
not result in an unfair rate of return to Tri-County Electric Cooperative,Inc.;
NOW THEREFORE, BE IT ORDAINED 3`; TAE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
SECTION 1: That effective with the next billing by Tri-County Electric
Cooperative,Inc. after the date of this ordinance, any "Adjustment Charge"
or as sometimes referred to as "Fuel Adjustment Charge" shall only be allowed
as set forth in Exhibit "A" attached hereto and incorporated in this ordinance
as a part hereof, for a period of 12 months from the date of this ordinance.
SECTION 2: That further public hearings be conducted commencing with
the first City Council meeting after the expiration of' 12 months
from the date of this ordinance to further consider the overall rate charge
and structure of Tri-County Electric Cooperative,Inc.
SECTION 3: That the existing rate ordinance of the City of Southlake, Texas
and Tri-County Electric Cooperative,Inc. shall remain in effect except as
modified by this Ordinance 123-0.
PASSED AND APPROVED at a regular meeting of the City Council of the
City of Southlake, Texas, this day of August, 1977.
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney -
IB I ; " A
to
ORDINANCE" 1.'3_xC
The "Adjustment Charge" shaii be computed by takiiiq a sum
equal to avvragu jxon -~:)iii :purl usel by Tri-County over
the billing period of August 1973 through Jul; 1-977.
[the "appi:cabi-- surd" rr=eens flhmorvtM.v c±.,st adjustment sera
as specif-lic--~ in Vie adjuttrrrrtr charre ciar:se o` IWfiiance
lr"~-A Jf' 1"tie.. Ciof Soa41,,1aK(!, Texas, an (I as us et bi/ Tri
County, to be divided by the total KWH sold as a cart of
computing the adjustment charge to the custor.-er.
RESOLUTION NO. 77-29
WHEREAS, the City Council of
the City of Southlake, Texas,
through its duly appointed Tax
Assessor, Will H. Zxchiesche,
has been informed of an error
on the Tax Roll for 1976; And,
WHEREAS, such error has occurred
through incorrect information;
Now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SOUTHLAKE, TEXAS, THAT:
1. 'Cancellation Item No. 77-1, issued November
9, 1976, cancelling Tax Item No. 1015 in the
sum of $261.95 for the reason indicated there-
on, is hereby accepted, removing said item from
the 1976 Tax Roll.
PASSED AND APPROVED this d~ day of , 1977.
/c,
Mayor
ATTEST:
City Secretary
183
1977 EQUALIZATION BOARD
I, Will H. Zschiesche, Assessor for the City of Southlake,
Texas, do solemnly swear that the correct and full list of the
real and personal property subject to taxation in the City of
Southlake, so far as I have been able to ascertain, totals
$18,188,721.00 valuation on the 1977 Tax Roll.
Will H. Zs ' esche, 'Tax Asses-tor
SWORN TO before me this ZZ- day of 1977.
Aliceanne Z. W lace
Notary Public, Tarrant County,
Texas.
The Board of Equalization having been called in session to
approve the final tax roll as presented by the assessor, the
following summary was presented to them:
Real Property: $16,884,728.00
Personal Property: 1,303,993.00
TOTAL: $18,188,721.00
The above and foregoing having been found correct, the final
roll as certified by the assessor was approved, along with the
Minutes of the Board of Equalization for the City of Southlake
Texas, for the year 1977. ,
Dated this day of , 1977.
4J' R:I~
BILLS FOR APPROVAL AT CITY COUNCIL MEETING - AUGUST 2, 1977:
Circle R Electric Company (W.D.) #17812 $ 600.00
Gifford-Hill & Company (W.D.) #183297 $ 50.10
Aqua Utility, Inc. (W.D.) #4016 $ 159.00
The Rohan Company (W.D.) #19944 & #20090 $ 212.73
Tarrant County (City, P.D.) 7/20/77 $ 31.83
Tri-County Electric Co-op (City) #8140800 $ 98.80
Lone Star Gas Company (City) #21745422 $ 6.79
Stafford-Lowdon Company (City) #70599 $ 181.57
National Building Centers (City) #132593 $ 18.00
The Southwestern Legal Foundation(City) Annual Dues 7/1/77-6/30/78 $ 50.00
General Telephone (City) 7/19/77 thru 8/19/77 $ 299.65
Texas Department of Corrections (City) #C3490 $ 771.00
Carter & Burgess, Inc. (City) April and June $ 389.74
John Myers Pump Service (P.D.) #006581 $ 53.49
Texaco (P.D.) 7/22/77,8/1/77 $ 9.00
Crabtree & Powers (P.D.) #03974 $ 4.00
Gulf Oil Products ( P.D.) #1535, #1532 $ 777.63
Ladd Uniform Company (P.D.) #11371 $ 14.90
Incoterm Corporation (P.D.) #29062 $ 209.35
Alstate Fire Equipment (F.D.) #007050 $ 21.60
White's Auto Store (F.D.) #017843, #017823 $ 25.53
Industrial Tool & Supply #1111 $ 22.50
TOTAL: $4,007.21
185
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