1979-08-07 CC PacketRESOLUTION NO. 79-_-3`
WHEREAS, on the 26th day of February, 1979, BESS S. HARRELL
filed a suit for personal injuries and property damages in the 236th
Judicial District Court of Tarrant County, Texas, Cause Number 236-
53965-79, against CARLA JUNE WHITE and the City of Southlake, Tarrant
County, Texas; the said damages having allegedly been sustained in
an automobile collision occuring on August 19, 1978, at the inter-
section of 100 South White Chapel and 300 West Continental, Southlake,
Texas, and having allegedly resulted from combined negligent acts of
CARLA JUNE WHITE and the City of Southlake, Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, Texas,
having been advised of the circumstances surrounding the said collision,
finds that there is a bona fide dispute regarding liability for damages
sustained, if any, as a result of the said collision and that it is in
the best interests of the citizens of the City of Southlake, Tarrant
County, Texas, that the Mayor of the City of Southlake, Texas, be
authorized to compromise and settle the above-referenced civil suit
by payment of the sum of Two Thousand, Five-hundred and no/100
2,500.00) to BESS S. HARRELL and her attorney, R. G. Guthrie;
provided, however, that a release of all liability shall be obtained
from BESS S. HARRELL, CARLA JUNE WHITE and the insurer of CARLA JUNE
WHITE prior to negotiating the said sum to BESS S. HARRELL and her
attorney and provided, further, that nothing contained within this
resolution nor in the settlement papers shall be construed as an
admission of liability by the City of Southlake, Texas, for damages
sustained in the said collision.
RESOLUTION NO. 79-1;4 Page One of Two
1AW
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Southlake, Tarrant County, Texas, that:
I.
The Mayor is hereby directed to compromise and settle
Cause No. 236-53965-79, styled BESS S. HARRELL vs. CARLA JUNE WHITE
and CITY OF SOUTHLAKE, TEXAS, by the payment of Two Thousand, Five-
hundred and no/100 2;500.00) Dollars, jointly, to BESS S. HARRELL
and her attorney, R. G. Guthrie; payment of the said sum to be
conditional upon the execution by all parties concerned of the Mutual
Release attached hereto as Exhibit "A".
II.
The Major is further directed to compromise and settle
any claims for contribution and indemnity which the City of Southlake
might have against the parties to the above-referenced suit by
executing the Mutual Release /attached hereto as Exhibit "A".
PASSED AND APPROVED this day of 1979.
Mayor
ATTEST:
74
City Secretary
RESOLUTION NO. 79-~ Page Two of Two
CA--' SE NO. 2S:-
J _TAR-RA\T CG ?i^Y,
CITY GF SOUTr.~AXE, =X.~,S A 2so'~: -.UDIC_A- D STRICT
U"uTUAL RELEASE
S --!`_'E OF TEXAS
COUNTY 0? TARRAN T X
gnat I, EESS S. CARRELL, for and in co__siderati3
of ,e su.,, of Two Thousand rive unfired i2,500.00j Jc_._GrS
d 'ov o on behalf of C RLA JINE NHI` z.-le recei of
erebv acknowledged, do release, discharge and forever acquit
AR_A '7 -N 17TE and State ?arm insu ance Company and t'-:elf
a ts and employees, successors F-: C assigns G anc-1 frG:.
a._.. all Ca.-:ages, claims, demands and causes of action G w a--
cver ..i_.~ or c-aracter arising out of or in any ..,=er G.C czef
wit., at certain coil Sic- that occurre C. or, or a_-3u-::
9 1; i c :2LWc2 the alltOMO,b~iie _ waS operaz_ ng and gut::: -O-
lie being operated by CARLA u'LTtiE > ITF, such co iis.G.. occur-
ring in SGUthlake, Tarrant Couni_ Texas a~ t.^.e _ntersecti;.._
of 100 South :tihite C.-.a-Del and 3-03 :lest CG._tinenta_.
That 3ESS S. ARR=- , for and i.. co nsidera::.icn of
a sua of Tor Thousand _1ve u.. C.re 500.00i jo,._ars 7d_d .-v
cae CI_ti" OF SOUTELA?<E, _a«c..z Cocn-v, Texas, t;e _ecei_- w:-i.._.
e-~ecv acknowledged, do release, .._scnarge forever acquit
GF SGCT Lr{E. Tar_=-z: Cou-;-_y, Texas -n' _ts agents anf
ogees, successorS --nd asp' v. u..._ fro:. _=v and a~l
ca:..Ses r u
a__czer wising ou- of or c _ ...azzer r.._-._
certai.. Col_i.~ on. ~:tct „CC v_. or a.:Do-L yl., st _y,
ie twee: L'1e aLw^..GDi!-c v.' o J'~i3rcfl:: C; ana an c..L .v.IlOf -e
ue . , ODer Stec by 1 j~177 s -C'.'. co--1--Sion CCC-rr
w
Sout_ ia'-e, - rangy t.^.c t,__Se Ct_Gn 3 ii
1' .ate Chapel and 303 vilest "oht,nental.
That tOr a':C in Cc._S- iG rati Gr
o~ the release herelnafter set LOrt.• O yself and the State
Farm Insurance Ccmpany by the CITY OF SO-jTH7-A-,<E, Tarrant County,
do h'ereov release, ..;.SCf1a g2 and Ore Ver acquit t:r''Y
SOU_.-.._,.=,i E, Tarrant Co'dnty, Texas,OffG-~_icers; agen-S
N,.
d emplOvees, Of and from any and all Claims, demands and ca -Ses
oi: action of wha`ever :rind or character that _ or State Farm
insurance Company miav have arlsing OUt Of or any way connected
hit.. .-;:at certain collision that occurred On Aiaqust 19, 197b,
lezween a vehicle _ was operating and a vehicle Operated bv
3SSS S. :.-RRELL, such COllislon oCCUrrlnCg in Southlake, Tarrant
Co-,ir.ty, Texas at the lntersecti on o= l00 South White Chapel and
3UJ ?rest CC::t ...entam.
That the CITY OF SCV 3LAXE arras: County, Texas
oes ;.c re --v release, discharge an-. forever acquit CARL _ ju\"
hLam. an" State Far.,, insurance CGr Danv, their agents =n':~ emp,.OVecS,
s:-ccessors and assigns Of and from any and all claims, Cemnands
and causes of action of whatever kind or character that the
TY OF SOU--7rLAKE, Tarrant Coun`v, Texas may have s= o ut of
or any manner connected with that certain collision at
occurred on or about Augist 19, 1978 between a vehicle being
berated ESS S. IRR .LL and c- vet:l'cie being operated 'oy
l7.:iT , 5-Lich. collision OCCL1_~: y:•
Coin--y, _exas at .ne i..tersect or. Of _v SG..t.. ,,hire C': l
a a__ OC 'nest Cent hen ai.
der tcGC 'y
zina.i a^.. One a 1C-
r at any
C_.: ace o w.-,aL .,a..C:.1. .mater O;;Cu=.
l.. l~ .._:dc-r o C an r e e 6 the pl--r _.c_ ezc
S E r1acP_ a.... X2C:IteC for
Z' ~D n e.:is to Com-
position c,f he part"acs -10 the afore saiG la-v,,S::-t and is not
in F-.-,v wise an ad.-alssion o iab li y on part of the De-
fendanis herein and cannot be used as the same l_: any cause,
hearing or matter i- controversy whatsoever.
Each party hereto hereby represents hat they have
made a full and complete investigation and have knowledge o-
all facts involved and that this settlement is made freely and
voluntarily, and that it has not been induced or brought about
in any way whatesoever by any statements or promises or repre-
ser.-,.ations made by the parties or by anyone acting for or on their
behalf.
It is expressly understood and agreed that BESS S.
HARRELL has paid, out of the afore mentioned sums or will pay,
all charges for medical aid, hospital services, doctor services,
chiropractic services, nursing, drugs, medicines, and hospital
lend, past, present and future and will hold CARLA JUNE WHIT.,
State Farm Insurance Company, and t;e CITY OF SOUTHLAKE, Tarrant
County, Texas, and any one in privity with same, harmless of
and from any and all such claims.
EACH PARTY HERETO HAS READ THE ABOVE A= FOREGOING
F:LL, FINAL AND COMPLETE MUTUAL RELEASE, AND FULL' UNDERSTANDS
ITS CONTENTS AND THE EFFECT.
DATED this t::e day of August, 1975.
Bess S. Harrell
carla --,ane white
aayor
i E J T .
Texas
S7iTIE, OF TEXAS
i'Y OF
37-FORE ME t.^.e un C2 rS; ti`:= allL.rCrIy, I__ and -for sa:-C
cc-,:-ty and state, on znls may cersonal_V appeared -ESS S. :.ARR
n o-,~n tv `e to J2 the pe.-so n w'-ose name Is s-L:',:scr_oed to the Sore-
go:-ng instrumen z and acknowledged to :ne that she has read the
Ore go full, -'in=-! and comaplete Yuz-aal Release, and understands
TLS contents and the eiLeCt thereof, and executed the sa:-,.e -for
purposes and Considerations therein expressed.
UNDER FIND AND SEAL Or OFFICE, this
day of August, 1979.
Notary Pub1~C In and For
County, Texas
STATE 0--F TEXAS
COUNTY OF
EFORE ME, the undersigned authority, in and for said
co-::..ty and state, on this day personally appeared CARLA DUNE WHITE,
know- to to oe ".he person whose name is subscribed to the fore-
coinc
c -'
nstrument and acknowledged to :ie that s;.e has read the
ivreC01:':y iu_ fInal and comp ete Mutual Release, and understandstands
con tents and file e lect znereof, and executed he same nor
o-rp--seS and cons ,derdtionS era--n expressed.
UNDER N,Y :AND AND SEAT OF OFFICE, this
av o August, 1979.
Nc,tary Public in and For
County, Texas
PHONE 481-5581
C,ity of Southlake
Where Country Livrr~q Is AL Its Bt._W
MARTIN R. HAWK, Mayor
P.O. BOX 868 SOUTHLAKE, TEXAS 76092
SAM SPARGER, Mayor Pro Tern
Sandra L. LeGrand, City SecretaryLOUISEMORRISON, Councilwoman
A. C. URBANOSKY, Counciiman
LLOYD LATTA, Councilman
LLOYD HARPER„ Councilman
Augi-ist 0, 1971)
Dlr. Gerald Lemons
Carter and Iiurgess,lnc.
1100 Macon Street
t=ort Worth, Texas 76102
Dear Gerald,
It is mine and the City Council's desire that you initiate immediate
action as required to obtain the necessary approvals and prepare
the required documentation to drill two Paluxy Wells with each
adjacent to our existing wel1~,.
The following conditions shall apply to this project:
11 The attaclted schedule for contltletion shall be met assume full
city support).
2) City of Southlake will take cure of' the piping installation and
this should not he hart of the contractor task.
3) C~lrter and Burgess support o(- this project will be billed on the
basis of time and materials expended with a not-to-exceed of
8,500.
4 Chat a point of- contact he named in (;aster and Burgess I-or this
I)roject.
Sincerely,
City of Southlake
1`lartin R. liawl<, Mayor
MR111 s 1
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1V ~ u M
RESOLUTION 79-24
WHEREAS a new Councilperson has
a seat on the Southlake City Council;
And,
WHEREAS certain liaison realignments
are appropriate; Now,
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS, THAT:
Resolution 79-10 is amended to make the following
liaison appointments for the remainder of the
one 1) year term.
Louise Morrison NTCOG Representative
Shari Massey Citizen Committee on
Zoning, Assist with
Planning and Zoning
Sam Sparger Facilities, Building
Department, County/Parks
Police Department/AC Urbanosky
State Highway
Lloyd Latta Planning and Zoning
Commission, Special
Assignments. Water
PASSED AND APPROVED THIS THE 7th day of August, 1979.
Mayor
ATTEST:
L
City Secretary
w
ATTACHMENT TO ORDINANCE NO.
CITY OF GRAPEVINE, TEXAS
LONE STAR GAS COMPANY
TARIFFS & SCHEDULES
Item A. The following rates are the maximum applicable to residential and commercial
consumers per meter per month or for any part of a month for which gas service
is available at the same location. Suimrner rates shall be applicable between
the meter reading dates in May and October. Winter rates shall be applicable
at all other times.
Residential:Winter Summer
Customer Charge 3.0000 3.0000
All Consumption @ 2.7448 Per Mcf 2.4948 Per Mcf
If the service period is _less than 28 days, the customer charge is
1071 times the number of days service.
Commercial:Winter Summer
Customer Charge 6.0000 6.0000
All Consumption @ 2.7448 Per Mcf 2.4948 Per Mcf
If the service period is less than 28 days, the customer charge is
2143 times the number of days service.
Bills are due and payable when rendered and must be paid within ten days
from the monthly billing date.
It B. Gas Cost Adjustment
Each monthly bill at the above rate shall be adjusted for gas cost as follows:
1) The city gate rate increase or decrease applicable to current billing
month residential and commercial sales shall be estimated to the near-
est $0.0001 per Mcf based upon:
a) A volume factor of 1.0452 determined for the distribution
system as the ratio of Mcf purchased divided by the Mcf sold
for the 12 month period ended June 30, 1978
b) The city gate rate estimated to be applicable to volumes pur-
chased during the current calendar month, expressed to the
nearest $0.0001 per Mcf (shown below as "Re").
c) The base city gate rate of 1.9238 per Mcf.
2) Correction of the estimated adjustment determined by Item B (1) above
shall be included as part of the adjustment for the second following
billing month. The correcting factor (shown below as "C") shall be
expressed to the nearest $0.0001 per Mcf based upon:
a) The corrected adjustment amount based upon the actual city gate
rate, less
d) For any reason deemed necessary for Company operations.
2) Appliance, Cas Light, and Air Conditioning Service Charges
Appliance Service Charges
Schedule Hourly Charge
8 a.m. to 5 p.m. Monday through Friday 18.00
5 p.m. to 8 a.m. Monday through Friday 27.00
Saturdays, Sundays and Holidays 27.00
An additional charge of $11 added to the above charges when a second
employee (helper) is required.
Time in excess of one hour prorated in 15 minute increments, as follows:
Standard Non-Standard
Increments Working Hours Working Hours
15 minutes 4.50 6.75
30 minutes 9.00 13.50
45 minutes 13.50 20.25
60 minutes 18.00 27.00
Standard working hours defined as 8 a.m. to 5 p.m. Monday through Friday
except holidays.
All new company sold grills serviced free of charge for 90 days, during
standard working hours.
Gas Light Service
Service Charge
Clean and replace mantles 5.00
Painting (black and white and/or replacing
glass panes 4.00
A11 new company sold gas lights serviced free
of charge for 90 days, during standard working
hours.
Air Conditioning Service
Schedule Hourly Charge
Any hour Sunday through Saturday and Holidays 20.00
Time in excess of one hour prorated in 15 minute increments, as follows:
Increments All Hours
15 minutes 5.00
30 minutes 10.00
45 minutes 15.00
60 minutes 20.00
All new company-sold air conditioning units serviced free of charge
for one year from date of installation.
No additional charge for second employee (helper).
Labor charges in excess of factory allowances for warranty replacement
and repair will be passed on to the customer.
3) Charges for replacing Yard Lines
Item or Service Charge
Basic service charge for all replacement
work 40.00
Prebent Riser with Support Post 20.00
Noncorrodible Prebent Riser 15.00
Stopcock 4.95
Ditch, replace 14 inch (or smaller) pipe,
and obtain city inspection 2.00 per foot
Remove grass, ditch, replace 14 inch
or smaller) pipe, obtain city in-
spection and replace grass 2.30 per foot
Insert 14 (or smaller) Polyethylene
pipe in existing service line 1.90 per foot
Special trip to perform yard line work
at customer's request and work cannot
be scheduled for Company convenience 40.00 additional
Work performed on overtime basis at
customer's request 60.00 per hour 1/
Disconnecting or reconnecting customer
yard line at main when yard line is
replaced by other contractors 40.00
A firm price quotation will be made on the basis of labor, material,
and other costs for replacing yard lines larger than 14 inch in size.
1/ Computed at one-fourth the hourly rate for each 15 minute
period or fraction thereof. The same work performed on a
call-out basis will be charged at the overtime rate with a
two hour minimum charge.
4) Main Line Extension Rate (Residential)
The charge for extending mains beyond the free limit extablished
by Lone Star Gas, or any free limit established by city franchise
is $4.50 per foot except for large commercial and industrial con-
sumers which are handled on an actual cost per foot basis.
5) Returned Check Charges
A returned check handling charge of $5 is made for each check re-
turned to the Company for reasons of non-sufficient funds, account
closed, payment withheld, invalid signature or improper preparation.
STAPLES & FOSTER
Attorneys At Law
1615 PRECINCT LINE ROAD
GEORGE STAPLES HURST, TEXAS 76053 817 281.2222
ROSS FOSTER
UFSO
I/C-J 79
August 3, 1979 Ce cf Ci~Y~ecr _ t
e •:
ry
Mr. Joe Gregory
City Attorney
City of Southlake
Post Office Box 868
Southlake, Texas 76092
Re: City of Keller-Keller Rural
Merger Application
Dear Mr. Gregory:
This letter will acknowledge our telephone conversation and the
willingness of the City of Keller to sell to Southlake that portion of
the Keller Rural system which lies within the corporate limits of the
City of Southlake for its proportionate part of the indebtedness on
the system. I am sure that the City of Keller and Keller Rural's
board would agree to making this a part of the order for merger;
therefore, if you can let us know exactly what part of the system you
wish to acquire, we will attempt to calculate the indebtedness on it.
I appreciate your assistance in this matter.
Yo truly
V
e~ rge A Stap es Jr.
Ke er City Attorney
GAS :ja
cc Public Utility Commission
City Secretary, City of Keller
William D. Campbell, Attorney
QFS0UTNGregory & Gregory LAf(E
Attorneys and Counselors 1r
r•
One Main Place Tenth Floor
Dallas. Texas 75250
214) 748-0793 Lice---._y ,
i~~ e:4r
August 1, 1979 y
Mr. George A. Staples, Jr.
Attorney At Law
1615 Precinct Line Road
Hurst, Texas 76053
Dear Mr. Staples:
In accordance with our conversation of this date, please be
advised that the City of Southlake is interested in purchasing those
facilities formerly belonging to Keller Rural Water Corporation that
lie within the city limits and extra-territorial jurisdiction of
Southlake - - the price to be agreed upon at a later date. Additional-
ly, I understand that the application before the Public Utility Com-
mission will be restricted so as not to include the area in question.
I have enclosed a copy of that portion of the system in question.
It is rough, but will direct you to the area in question.
With kindest personal regards, I remain
Sincerely,
oe D. G regory, Ci t r ey
thlake, Texas
Enclosure
JDG/gag
cc: Honorable Pat Hawk, Mayor
Ms. Sandy LeGrand, City Secretary
Mr. William D. Campbell
All Councilpersons
BILLS FOR APPROVAL CITY COUNCIL MEETING AUGUST 7,1979
INSURANCE...
M.M. Administrators,Inc.1,077.18
FACILITIES...
The Wickes Corp.1.94
Four Gs Plumbing 45.00
Watco Air Conditioning 25.70
UTILITIES...
Tri County Electric 132.00
Lone Star Gas Company 5.32
General Telephone Company 65.00
CITY ADMINISTRATION...
Fort Worth Star Telegram classified)25.50
Grapevine Publishing Company legals)29.15
Pease Engraving Co.14.90
Revenue Sharing Advisory Service 55.00
General Office Supply 25.70
Tarrant County Purchasing Dept.99.23
Dian Bell deed filings through July)25.00
West Publishing Company 16.95
Regional Office Supply 80.76
General Office Supply 25.70
Voertman's 37.65
POLICE DEPARTMENT...
Incoterm 209.00
Bell Communication 235.50
Village Grocery Store 27.89
Regional Printing Service 30.79
Crabtree and Powers Tire and Appliance 185.00
Texas Peace Officers Manual 6.50
Technology Development Inc.43.13
Payton Wright Ford Sales,Inc.579.82
City of Grapevine, Ambulance 135.00
FIRE DEPARTMENT...
Ace Sheet Metal 7.50
Lawkon Eauiptment Services 112.89
Arnold Welding Service 303.25
Metro-Lex Supply 18.59
Alstate Fire Eauiptment Co.53.00
Rex-Tex Equipment Corp.72.50
Stewart Oxygen Service 5.00
A.B Eauiptment Company 31.35
Bills for approval continued,..,
WATER DEPARTMENT...
North Star Laboratories,Inc.32.00
Whites Auto Store 258.12
Thompson Printing Service 80.00
The Rohan Company 825.33
Dixie Chemical Company 12.58
Central Freight Company 26.16
GRAND TOTAL....5,078.58