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1976-11-16 205 CITY OF SOUTHLAKE, TEXAS 667 N. Carroll Avenue Southlake, Texas REGULAR CITY COUNCIL MEETING November 16, 1976 7:30 P.M. A G E N D A I. Bid letting of Repainting Interior of O/H Tank. II. Resolution No. 76-24: Park Improvements. III. Water Rates. IV. Traffic Ordinance No. 231. V. Approval of Bills. VI. Department Reports: A. Municipal Court - Aliceanne Wallace. B. Police Department - Councilman Nunn. C. Building Inspections - L. S. Senn. D. Fire Department - Councilman Goode. VII. EMERGENCY ITEM: Agreement of Understanding between the City of Southlake and the Messina Brothers. I hereby certify that the above Agenda was posted on the bulletin board in City Hall, 667 North Carroll Avenue on Friday, November 12, 1976, at 3:30 P.M. City Secretary 266 ro C p CITY OF SOUTHLAKE c 0 o o Lt t4 0 0 0 MINUTES OF z Regular Council Meeting dj O O DATE OF MEETING: 16 November 1976 ~G) d y 7d H TIME OF MEETING: 7:30 P.M. z H PLACE OF MEETING:Council Chamber, City Hall NAME H 667 N. Carroll Avenue OF Index No. MEMBER Caption { Page 1 of 2 Pages COUNCIL MEMBERS PRESENT: Mayor Wade Booker, Mayor Pro Tem Pat Hawk, Councilmen Ben Berry, Bob Goode and Colon Sweet. ABSENT: Council- man W. 0. Nunn. STAFF PRESENT: W. D. Campbell, City Attorney, Gerald Lemons, Carter & Burgess Consultant Engineer, W. G. Cline, Water Superintendent, L. S. Senn, Building Inspector,.Police Chief D. R. Hughes, Fire Chief R. P. Steele, Asst. Fire Chief Harry Bradley. INVOCATION: Councilman Sweet. MINUTES of the last regular meeting were approved as presented. Bids received for painting the interior of AWARDING OF the elevated water storage tank are as follow BID TO PAINT Water Tower Paint & Repair,Company, Inc.,- ELEVATED TANK $16,964; American Tank &•Tower Company-$14885; DELAYED TO Dean Jones,Contractor-$12,500. The Council DECEMBER 7th Goode X delayed action on awarding the bid until the Hawk X December 7th meeting in order to acquire ex- perience records of two of the companies for review purposes. Hawk X X The Council authorized the Mayor to apply for RES. NO. 76-24 Sweet X X funds under the Community Development Act FOR PARK FUNDS Berry X through the Tarrant County Mayors Council APPROVED Goode X for continuing park improvements. Citizen Virginia Clow expressed approval of this action. (Resolution No. 76-24 is attached hereto and made a part hereof.) Inasmuch as confusion has arisen over the in tended increased water rates due to clerical error in the hand-outs passed around at the ANOTHER PUBLIC Hawk X last council meeting, the Council set anothe HEARING SET RE Berry X public hearing for December 7th in order to WATER RATES clarify the rates being adopted. 2 4' U, m C p CITY OF SOUTHLAKE ro o °c 0 0 0 d t~ z d MINUTES OF: Regular Council Meeting O ~ 0 DATE OF MEETING: 16 November 1976 d y 74 H TIME OF MEETING: 7:30 P. M. z N PLACE OF MEETING: Council Chamber, City Ha NAME 667 North Carroll Avenue OF Index No. MEMBER Caption Page 2 of 2 Pages Mayor Pro Tem Hawk advised the Council that ACTION ON the Planning & Zoning Commission was not pre- TRAFFIC ORD- pared to make recommendations on the proposed INANCE SET traffice ordinance at this time. Action on FOR 12/7/76 the matter was deferred to the next regular meeting, December 7th. Hawk X X Council approved payment of the bills pres- BILLS Berry X X ented with the exception of the bill of A &B APPROVED Goode X Equipment Company. (See attached list.) Sweet X The November court session was reported to t MUNICIPAL Council. Discussion followed regarding wordin COURT in the format of the report. Chief Hughes reported on the October activi- POLICE ties in the Police Department. The City Attor DEPARTMENT ney was asked to check on possible zoning REPORT ordinance violations by some new residents. Goode X X The Building Inspector turned in the October BUILDING Berry X X report on building activities. He was given INSPECTION Hawk X approval by the Council to take a correspon- REPORT Sweet X dance course at a cost of $75. Fire Chief Steele reported on the Fire Depart Goode X X ment's October activities. He requested and FIRE DEPARTMEr' Sweet X X received Council approval to purchase a set REPORT Hawk x training manuals for $150 and a Vis-a-Bar Berry X (lights and siren) for Unit #3003. He told the Council of pump engine problems in #3003. The Council approved the general context of MESSINA BROTHEL the attached agreement (see Exhibit A) to be AGREEMENT Hawk X X the content of a letter from the City Attor- Goode X X ney to the Messina Brothers as Council's gen- Sweet X eral understanding of the mutual agreement Berry X reached at the meeting of October 27,1976, and that the City Attorney rephrase it in such a way that current pertinent ordinances are incorporated. ATTEST: Mayor City Secretary 208 RESOLUTION NO. 76-24 WHEREAS, the City Council of the City of Southlake, Texas, has undertaken the dev- elopment of its Bicentennial Park; And WHEREAS, the development of tennis courts and a ball park has been funded in part by the Community Development Act through the Tarrant County Mayors' Council; And, WHEREAS, additional funds are now needed for further develppment of the Bicentennial Park; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. The Mayor be and he is hereby authorized to make application for funds from the Community Development Act through the Tarrant County Mayors' Council. 2. That the amount sought be in the amount of $15,000, of which $8,863 be used for lighting the west baseball diamond and $6,137 be used for the purchase of playground and picnic area equipment. 3. Any funds awarded not expended on specifically approved projects will revert to the Community Development Contingency Fund. PASSED.AND APPROVED this 16th day of November, 1976. Mayor ATTEST: City Secretary BILLS FOR APPROVAL AT CITY COUNCIL MEETING OF NOVEMBER 16, 1976: Regional Office Supply (City) #2858 $ 6.68 National Building Centers (City) #115242 & 115288 $ 9.74 Rainbow Lighting & Decorating (City) #14743 $ 47.32 Mayors' Council of Tarrant County (City) Dues for 1977 $ 50.00 Xerox (City) #039611805,#039611806 $ 165.65 Texas Power & Light Company (City) 9-29-76 to 10=28-76 $ 148.45 Texas Power & Light Company (Water) 9-29-76 to 10-28-76 $ 680.51 Viking Supply Corporation (Water) #DI-4449 $ 44.98 Aqua Utility, Inc. (Water) #00127 & #00174 $ 529.80 National Building Centers (F.D.) #115245 $ 122.16 McKee Drilling Company (F.D.) #1322 $ 18.00 State Fireman's and Fire Marshals' Assoc.(F.D.)1977 Annual. Dues $ 35.00 Jimmy R. Parker-Exxon (F.D.) #101936 $ 6.00 -A--& B Quipment Co (E_n O -43829 -c 'ter= 1 Bell Communications, Inc. (F.D.) #18091 & #18097 $ 01.10 Bane Shamrock (P.D.) #102876 $ 3.90 Jimmy R. Parker (P.D.) #222349 $ 1.50 Gibson's (P.D.) #06479 $ 11.27 Gulf Oil Products (P.D.) #0687 $ 259.44 Payton-Wright Ford (P.D.) #7164 07208 $ 75.02 Thomas Rubber Stamp Co. (P.D.) #7209 $ 13.74 Ladd Uniform Company (P.D.) #7782, #7652 & #7657 $ 811.75 Southwestern Bell (P.D.) 11-01-76 $ 41.53 White's Auto Stores (P.D.) #179973 & #179978 $ 23.73 Thompson Printing Service (P.D.) 11-16-76 $ 34.00 Bell & Howell (P.D.) #2293647 & #2293646 $1001.40 214 CITY OF SOUTHLAKE MUNICIPAL COURT ACTIVITIES NOVEMBER 1976 HONORABLE MAYOR AND CITY COUNCIL: Municipal Court Report for the Month of November, 1976. Cases Set: 24 Cases Heard: 3 Cases Dismissed: 0 Cases Appealed: 7 Warrants Issued: 22 Citations Written: 145 Citations Paid: 102 Respectfully Submitted: Aliceanne Wallace Municipal Court Clerk 211 CITY OF SOUTHLAKE POLICE DEPARTMENT OCTOBER-1976 Honorable Mayor and City Council: Police Department Report for the month of October, 1976 Tickets issued in September 130 Tickets issued in October 145 Persons in jail in September 19 Persons in jail in October 13 Traffic accidents in September 8 Traffic accidents in October 20 Burglaries investigated in September 4 Burglaries investigated in October 4 Approximate total value taken in burglaries in October $1,960.00 Approximate total value recovered in burglaries in October $115.00 Thefts investigated in September 6 Thefts investigated in October 1 Approximate total value taken in thefts in October $2.00 Approximate total value recovered in thefts in October $3,000.00 Number of calls in September 299 Number of calls in October 278 Speedometer reading on Unit #5 ( 74 Ford ) 65,182 Speedometer reading on Unit #8 ( 75 Ford ) 97.152 Speedometer reading on Unit #9 ( 76 Ford ) 66,452 Miles driven in September 12,645 Miles driven in October 10,525 Respectfully submitted, ~ , L Douglas R. Hughes Chief of Police SOUTHLAKE POLICE DEPARTMENT DRH/mrb 21 t1i 3 Monthly Report To Administrative Manager • Month Of Qct-nhar -1976 ,iepwunent of Building Inspection 'i. Number of Inspections This Last Same Month This Fiscal Last Fiscal Calendar Month Month Last Year Year To Date Year To Date Year To Date Building 12 14 6 Electrical 8 11 2 I Plumbing 11 14 4 Miscellaneous 9 15 Total 4 0 5 4 13 Daily Average 2. Permits Issued Building Number g 5 Value ;$107',814 $28.6,998 $1106,590 Permit Fees $2'13 $672 $252 Electrical Number Permit Fees Plumbing Number Permit Fees ' Sewer i Number Permit Fees Total All Fees $273 $672 252 3. Nature of Building Permits Number Of Plan Check Types 'Units Fees Permit Feas Total Faaa Valuation ' Permits 3 Single Family 3 $255 $104,214 2 Family Multi-Family Commercial Buildings industrial Buildings Relocation and Demolish Swimming Pools i , Signs 2 other 12 2,700 Alterations and Additions 2 To Dwellings 2 6' 900 To Commercial Buildings To Industrial Buildings 7 Total 4. Building Valuation This Fiscal Year To gate This Calendar Y r To to Last Fiscal Year To Date Last C andar Year To ate C.) 4J SOUTHLAKE FIRE DEPARTMENT MONTHLY REPORT OCTOBER 1976 I. RESPONSES: Structure Fires ........................1 Grass Fires ................................................................2 Auto Fires .................................................................2 Auto Accident-Stand-By-(Rescue Unit & Fire Unit) ...........................2 Mutual Aid-Other Cities ....................................................1 False Alarms ...............................................................1 Rescue Unit . .................3 A. Rescue boat and crew (boat in trouble-Twin Coves) B. Rescue boat and crew (boat motor stalled-W. end of lake) C. Rescue boat and crew (mutual aid-rescue search-N. side of lake to help Flower Mound Fire Dept. in drowning operation) Misc. Alarms... ...........................1 A Wash down-gasoline spill- Carroll @ Dove TOTAL EMERGENCY RESPONSES FOR MONTH ............................13 II. MANNOURS EXPENDED: Emergency Calls....... .................................................237hrs Meetings (4) Average: 15 men per meeting .................................120 " Maintenance Average Time ..................................................75 " Training Sessions (2) man hours included in meetings TOTAL MANNOURS FOR MONTH .....................................432hrs III. FIREFIGHTERS RESPONSE AND NUMBER OF TIMES RESPONDING: Chief Steele., o 8 T. Schneider......... 1 Asst. Chief Bradley 5 T. Boyer .........................3 Capt. Polson...................4 W. Morris 3 Capt. Davis ....................3 D. Dupree 4 Lt. Shuping ....................4 D. Johnson 1 Lt. B. Roper ...................6 W. Eddington........ ..3 Fire Marshall Joyce 5 J. Eddington 3 J. Andrews .....................4 M. Feuchter..................., .Z B. Stevens .....................4 R. Wood 3 R. Steele ......................6 J. French 4 J. Polson ......................2 M. LaFavors......... 1 C. Bell 0......... ..5 Respectfully Su R.P. St le, Fire Chief Southlake Fire Department HILLTOP ACRES ADDITION COMMUNITY FACILITIES AGREEMENT An agreement between the city of Southlake (the City) and Messina Bros., (the Developer) for the installation of certain community facilities within and to.service Hilltop Acres Addition, an addition to the City of Southlake, Tarrant County, Texas. Such facilities to include: I. WATER SYSTEM FACILITIES: A. OFF-SITE WATER - Messina Bros., the Developer, hereby agrees to install a 6-inch water main, with all appurtenances, to serve Hilltop Acres Addition before issuance of Building Permit No. 18 (excluding the three (3) lots already sold) in the subject addition and no later than five (5) years from date of the Agreement. This main shall be constructed in accordance with plans and specifications to be prepared by the Developer's Engineer and approved by the City. Said 6-inch water main shall be connected to the existing City water system at the intersection of Ridgecrest Drive and East Dove Street and extend north and west in.Ridgecrest Drive, Woodland Street, and Briar Lane to the east line of Hilltop Acres Addition, a distance of approximately 5300 feet. The Developer further agrees to complete -L~ this installation at his own expense and in accordance with all provisions of Ordinance No. 170. B. ON-SITE WATER - The Developer hereby agrees to install water facilities to service all lots shown on the final plat for Hilltop Acres, an addition to the City of Southlake. These facilities shall be installed in accordance with plans and specifications to be prepared by the Developer's engineers and approved by the City. Further, the Developer agrees to complete these facilities at his own expense and in accordance with all provisions I of Ordinance No. 170, with the exception that 160 PS" PVC Pipe may be used, within five (5) years from the date of execution of this Agreement. 1. Prior to commencing work, the Contractor to whom the Developer awards the contract for vfater system facilities shall furnish to the City Secretary a Maintenance Bond in favor of the City of Southlake covering the facilities to be constructed against defects in materials and/or workmanship for a period of one (1) year after completion of the facilities and their acceptance by the City. The Contractor may, at his option, post a "Blanket Maintenance Bond" in the amount of Ten Thousand Dollars ($10,000.00) with the City Secretary in favor of the City of Southlake covering all water facilities constructed by him in -3- the City against defects in materials and/or work- manship for a period of one (1) year after acceptance by the City. The Contractor shall furnish to the City a Performance Bond and a Payment Bond in an amount equal to one hundred percent (100%) of the contract price conditioned upon the faithful perfor- mance of the contract and upon payment of all persons supplying labor or materials to the project. The Contractor shall also furnish to the City satisfactory carriage of insurance in accordance with the City's standard requirements of contractors doing work for the City. 2. The City of Southlake hereby agrees to provide inspec- tion of the materials and workmanship performed in the construction of said water facilities and, in particular, f' - the testing of the completed water facilities prior to acceptance. 3. It is further agreed and understood that the Developer shall be responsible for all construction costs, materials, and engineering, and that upon completion and acceptance of the aforementioned water facilities the City shall own, operate and maintain said water facilities, subject to the applicable maintenance agreement and bonds in connection therewith. .4. It is further agreed and understood that the City of South land will rebate to the Developer One Hundred Twenty-five ($125.00) Dollars out of each Two Hundred Fifty ($250.00) -4- Dollars water tap in the Hilltop Acres Subdivision over a five (5) year period from the date of this Agreement. II. STREET AND DRAINAGE FACILITIES: ° The Developer hereby agrees to construct Briar Lane and Hilltop Drive in accordance with the geometric layout as indicated on the final plat for Hilltop Acres, an addition to the City of Southlake, and for the total limits of the layout of these streets within said addition. The necessary drainage facilities shall be provided in these streets and as necessary within the addition. No drainage facilities shall be constructed which would, in the City's opinion, have an adverse effect upon the property adjacent to this development. The construction of these street and drainage facilities shall be in strict accordance with the plans and i. specifications to be prepared by the Developer's engineers and approved by the City. Further, the Developer, agrees to complete this construction at his own expense within five (5) years from the date of execution of this agreement and in accordance with the following: A. Street lights shall be installed by the Developer with the Developer responsible for electricity cost until the subdivision is accepted by the City. The size, type, and location of these street lights shall be approved by the City prior to installation. B. No construction shall begin on the permanent street facili- ties within the limits of any of the streets included here- in prior to the installation of underground utilities, including service lines. ' C. Street identification signs shall be installed at all street intersections within this addition at the expense of the Developer and shall be in accordance with the standards established by the City of Southlake. D. Street pavement facilities shall consist of a highway type section (without curb and gutter), the subbase crowned to a width of thirty (30) feet with flexible base of good quality road gravel compacted to a minimum of eight (8) inches and twenty-four (24) feet in width. The minimum requirement for pavement surface shall be a "Double Asphalt Surface Treatment" or.one (1) inch of "Plant Mix" or "Hot Mix" Asphaltic Concrete. E. The minimum right-of-way for streets in Hilltop Acres shall be 60 feet and the minimum paved width shall be as follows: a. Briar Lane 30 feet b. Hilltop Drive - 30 feet c. Cul-de-sac's - 80 feet diameter F. No work shall begin on any street facility included herein prior to the Contractor's execution and delivery of a one (1) year Maintenance Bond to the City of Southlake for the repair and/or reconstruction in whole or in part for all de- fects in material and/or workmanship for the streets included herein. Said Maintenance Bond shall be in effect for a period of one (1) year after acceptance of the work by the City. The Surety will be a surety company duly authorized to do business in the State of Texas and acceptable to the City` Council. The Contractor shall also furnish to the City a Performance Bond and Payment Bond in an amount equal to one -6- hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials to the project. The Contractor shall furnish to the City satisfactory carriage of insurance in accor- dance with.:the City's standard requirements of contractors doing work for the City. G. All street and drainage facilities shall be subject to inspection and approval by the City.of Southlake. III. SANITARY SEWER FACILITIES: The Developer hereby agrees to install or notify all pro- spective home builders purchasing lots in Hilltop Acres Addition to install 'sanitary facilities which shall conform with all the following minimum requirements: Health Depart- ment requirements, Tarrant County, Texas; State Department of f Health, State of Texas requirements; Texas Water Quality Board regulations, State of Texas, and any applicable City ordinances concerning sewer facilities. IV. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and im- provements mentioned hereinabove shall be vested at all times in the City of Southlake, and the Developer hereby relinquishes anyright, title or interest in land and to said facilities or any part thereof. C. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To employ a construction contractor who is approved by the City and is qualified in all respects to bid on public projects of a similar nature. 2. To require the contractor to furnish to the City, Pay- ment, Performance and Maintenance Bonds in the name of the City for one hundred percent (100%) or of the amount speci- fied previously, of the contract price of the facility, said bonds to be furnished.prior to the commencement of work. 3. To secure approval by the City of any and all partial and ti final payments to the Contractor. Said approval is made in accordance with the requirement of this agreement and is not to constitute approval of the,quantities on which payment is based. 4. To delay connection of buildings to service lines of water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of the City. D. It is further agreed and understood by the parties hereto that, building permits for permanent dwelling structures within Hilltop Acres Addition shall not be issued until a minimum of seventy-five percent (75%) of!the permanent street facilities outlined in this agreement have been constructed in accordance with the provisions of this agreement. E. It is further agreed and understood by the parties hereto that no certificates of occupancy will be issued for any permanent dwelling in Hilltop Acres Addition until all provisions of this agreement have been complied with. F. It is further agreed and understood that. this agreement is applicable only to the Developer, and a new agreement will be required should the property change ownership. 1973. WITNESS OUR HANDS at Southlake, Texas, this day of___, HILLTOP ACRES BY: Louis Messina BY : u niuM B Messina CITY OF SOUTHLAKE ATTEST: - BY: City Secretary mayor E EXHIBIT A 214 On 27 October '76 the council met in closed session w/Louis and. Jirnie Messina to discuss their suit against the City of Southlake. The mutual agreement arrived at in this meeting was that: (1) Upon proper submittal of zoning requests, appropriate plats etc. to P&Z Commission and the hearings associated therewith; and (2) Signing of Developers Agreement with the City; and (3) Installation of 4" intra subdivision water mains, streets, and any other facilities as required by the Developers Agreement; (4) The City will issue a maximum of seventeen building permits without further Developer water main financial liability than,the 4`t intra subdivision main. It was also agreed that if the Subdivider electsto assist the city in enlarging the main to the perimeter of the Subdivision, with resulting additional available water, additional building permits could be obtained. A package sanitary treatment plant was mentioned as a possinility by the Messina's and the City indicated a favorable attitude. This subject however was no part of the mutual agreement and is recorded for historical accuracy only.