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1974-02-05CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1974 "0 AGENDA .n 1. ZA-73-11: Public Hearing on request for change in zoning to H District by Miles Pierce. 3 2. Max Thomas regarding package treatment plant proposal. 3. Claude Jones requesting relief from Junked Car Ordinance. 4. Don Ault requesting sewer tie-in with City of Grapevine. 3 5. R. W. Doan of General Telephone regarding rate increase. 6. Ordinance No. 123-B, amending Ordinance No. 123 approving rate increase requested by Tri-County Electric Co-operative. Recommendations from Planning & Zoning Commission: A. ZA-73~42: Approval of request by Joe Wolf for Alcoholic Use District. B. Resolution finding compatible land use between Delaney- Sanders & Associates proposal and City's proposed Future Land Use Plan. 8. Mrs. Rufus Welch requesting de-annexation of her property. 9. City Administration: A. Resolution No. 74-4: Withdrawal from Anti-Trust Suite filed by Attorney General John Hill. B. Resolution No. 74-5: Disposal of 1972 Ford sedan. C. Resolution No. 74-6: Payment to Payton-Wright Ford for two 1974 patrol cars. D. Resolution No. 74-7: Payment to Colleyville Fence Co. E. Approval of Payment of Bills. F. Announcements of Civic Activities. G. 1st Quarter Cash Flow Statements. I hereby certify that this Agenda was posted on the bulletin board in City Hall at 667 N. Carroll Avenue in Southlake on Friday, February 1, 1974, at 3:50 P.M. o'clock. I liceanne Wallace,City Secretary 12 • CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1974 The City Council of the City of Southlake, Texas, met in regular session in the Council Chamber of City Hall at 667 North Carroll Avenue in Southlake on Tuesday, February 5, 1974, with the follow- ing members present: Wade Booker, Mayor Billy Joe Knox, Mayor Pro Tem R. D. Drummond, Councilman Frank Tetrault, Councilman Sam Davis, Councilman Absent: W. 0. Nunn,Councilman Also present: William D. Campbell, City Attorney. Mayor Booker called the meeting to order at 7:30 P.M. The invo- cation was given by Councilman Knox. The Minutes of the last regular meeting were approved as read. ZA-73-11: The Mayor asked those in the audience who wished to la speak to please address the Council from the podium and to state their name for the record. Mr. Max Thomas, representing the owner of the property, explained the reason for requesting a change in zoning from L District (Light Commerdial) to H District (Heavy Commercial) was accomodate locating a Dairy Queen drive-in. The Mayor then invited anyone in the audience to state their views for or against this request. Discussion on screen type fencing arose. Mary Lou Dunn stated she is the owner of the land adjoining the property on the north and it was her understanding the entrance and exit would be from SH 114 for the public. Mr. Thomas advised there would be an easement for service trucks to Shady Lane. Discussion followed regarding an easement allegedly held by the Dunns. Mr. Gene Ratcliff asked the Council for a clarification of the allowed uses in such zoning. Following more discussion, Councilman Davis moved that Ordinance No. 161-55, changing the zoning on the 3/4 acre of land described therein from L District to H District be passed and approved; seconded by Councilman Knox. Councilman Davis then moved to amend his motion to include the statement that a six foot masonry fence be built. The amend- ment to the motion was seconded by Councilman Knox. Mr. Thomas stated for the record that he would build a solid masonry fence according to the City's building code. The vote was as follows: Councilmen Davis and Knox "For"; Councilmen Tetrault and Drummond 13 7 "Against". Mayor Booker broke the tie, voting "For". Motion carried. (Ordinance No. 161-55 attached hereto and made a part hereof.) Item #6 of the Agenda was next considered. Ordinance No. 123-B, amending Ordinance No. 123 increasing the rates charged by Tri- County Electric Co-operative, Inc., eight per cent (8%) and in- creasing the street use tax paid to the City one per cent UU, was passed and approved on motion by Councilman Knox; seconded by Councilman Davis. Motion passed unanimously. (Said ordinance attached hereto and made a part hereof.) Mr. Bob Willis of Tri- County introduced Wayne Bobbit who will be taking his place upon retirement. Mr. Max Thomas again addressed the Council, this time regarding a proposed installation of a package treatment plant for sewage disposal in the area where their property is located, SH 114 and Shady Lane. He stated they would like to work with anyone in the area interested in tying onto the system. Mayor Booker requested Councilman Tetrault to contact people in that area to see if they are interested and report his findings. Citizen Claude Jones asked the Council if he were in violation of the City's Junked Car Ordinance as his vehicle is a non-licensed race car being worked on in his carport. The Mayor advised that MID if the carport were closed in, he would then be in compliance with the ordinance. The Council gave him ninety days from this date to close in the carport. Mr. Don Ault next addressed the Council regarding his property on Dove west of Kimball Avenue which is zoned A-10 District (multi- family). He stated it was impossible to develop this land in accordance with the zoning due to lack of a sewer system and that he had discussed the possibility of tying into a sewer main belong- ing to the City of Grapevine located not too far from his property. Following discussion, the Mayor directed the City Secretary to prepare a letter for his signature to the Mayor and Council of the City of Grapevine expressing Southlake's interest in an agree- ment to use their sewer main provided the details of such an agree- ment can be worked out to mutual satisfaction and that Mr. Ault bear the expense of the attorneys' fee for preparing such an agreement. General Telephone representative, Mr. R. W. Doan, reappeared before the Council regarding the rate increase. He gave a detailed ex- planation of these charges. Discussion followed. The City Attorney established that purely local service is actually no longer avail- able to Southlake citizens. Discussion again arose over the point that this City was not given a proper opportunity to vote on the rate increase. The City Attorney said the hearing on rates should 14 should be continued. Mr. Doan agreed to make March 31st the dead- ling for no charge to change back to a 488 number for Southlake citizens. Mr. Jack Hamrick was introduced by Mr. Doan; he is in charge of service and Mayor Booker said he would give him copies of the complaint letters received by him regarding telephone ser- vice. The Mayor advised Mr. Doan that following a study of the rates by the City Attorney he would let him know if he is to re- appear before the Council at the next regular meeting February 19th. A public hearing was set for March 5th, 1974, at 7:30 P.M. by the Mayor to consider the request of Joe Wolf for analcoholic beverage permit as recommended for approval by the Planning & Zoning Com- mission in ZA-73-12. The Mayor read aloud the Resolution passed by the Planning & Zoning Commission at its last regular meeting wherein it was stated that there is no conflict in the proposed City's Updated Future Land Use Plan and the proposed land use concept presented by Charles Cross of Delaney-Sanders & Associates on land located in the W. W. Hall Survey. (Attached hereto.) Disannexation of the Welch property west of Pearson Lane was put before the Council. The City Attorney stated our agreement with the City of Keller did not require Southlake to disannex property free- ing it from zoning regulations, but that our Council would be honor- bound to disannex this property if a petition is brought before the Council that the City of Keller will annex it. The Mayor stated he wants all delinquent taxes paid before disannexation occurs and directed that this matter be put on the agenda for the February 19th meeting. Resolution No. 74-4: wherein the City of Southlake withdrew from the lawsuit to a iled by the Attorney General of the State of Texas against certain corporations named therein,was passed and approved on motion by Councilman Tetrault; seconded by Councilman Drummond. Motion passed unanimously. (Said Resolution attached hereto and made a part hereof.) Resolution No. 74-5: wherein the 1972 Ford motor vehicle owned by the City be disposed of by public bid in accordance with the law, was passed and approved on motion by Councilman Knox; seconded by Councilman Tetrault. Motionlassed unanimously. (Said Resolution attached hereto and made a part hereof.) Resolution No. 74-6: wherein provision for payment to Payton-Wright Ford for the two 1974 Ford cars is set forth, such purchase having been previously authorized and provided for in the current Budget, was passed and approved on motion by Councilman Knox; seconded by Councilman Davis. Motion passed unanimously. (Said Resolution attached hereto and made a part hereof.) x ~f_ E/, H ~a►r A T• PAd+ 14. THE STATE OF TEXAS X X PETITION AND AFFIDAVIT FOR DISANNEXATION COUNTY OF TARRANT X I, the undersigned, being the sole qualified elector and owner of the territory petitioned herein for disannexation, hereby indicate my desire for said territory to be disannexed from the corporate limits of the City of Southlake. I certify that no governmental or proprietary services comparable to those furnished the rest of the City of Southlake have been extended to said territory. The territory hereby petitioned for disannexa.tion is described in Exhibit "A" attached hereto, incorporated herein and made a part hereof. WITNESS MY HAND this JW-/~ay o , 1974. Mrs. Ruf elch The above and foregoing petition and affidavit was this day sworn to before me by the said Mrs. Rufus Welch, to certify which witness my hand and seal of office this day of 1974. i N Y PUBLIC in an for Tarrant County, Texas P ,t . mix E;r acro YAK .rarrc v FIMD NOTES, ' N is ortain tract or parcel of land s tuated'imTa:i~-aut County, ex, d .andbetag p- y ~x c- ( r r i:.E ' e John Uartin Survey, Abstract 1153, and mor6 partac~~lari~ desc~r~oed bit tYie.~~ and Fi bs~:a' as follo*s: 'BP.Cz MG at an iron pin 27.4.13 f6.et. East r td M t}'fe+et North of the Southwest corner of ' N a -bract of land conveyed. to W. H.< kard by t~,; . Ha4es .and recorded :in Volume .2153, Page, % 4 ?E2;': deed Itecords, `'Terrantt C. ouaty, Texas, said iron ,pity<iaem~ in, the North r• s o f tryy 4Ya0 of.F..,-M.,,,Road No. 1700; r a : ' ~NCE ,,worth 08.0. feet to an it. j.pm for .corner; rt L 1 Xast,..304: tl feet to an iron laip for earner; r z k 'TI N E 'South 8+0$'.. feet to ari iroa in £or :corner In "the North ri6ht'76f vlaY :line o£ sand - THt CL,W,est.300 0 feet aloA -a fence. ilae ;Mang the. forth-tioit'-O'f :way.lir3e of _satd; .1 Roid N : >~7¢9. to fhe OLAcru OE+' BEGIN IINr' and co. afnfx 5, 5fi acres` of 3,ald; morn' t. J' Y t ' r 4: v t z ~b 4~ tY rr t ~ F t - r y ~ _ y Y Qr.y :4 to kt r':t tt t4 4 tr rr i IF + r ,r :n ~~.„~is.~ w~,oa.r.~ll~rau:.,.+.ryi•>l+~•.1•sscfn.. ~ ~t'z ~ ~ _ ti t,,~ ` r,. tij' ~ a - Sn'~ !nom i T~1 9P~}~•8k:-.try, ~ ,.'A.~'.~..r~''7 y @ 4,41 i;. S ..xs 4rtF~i~ ha, ! k 7 WI f~~ r7~ ' file".. i e t y 1 ' F? F 1~ ` su~V atX `:_r t r s _ t f ire- , 4: f r i. c ~Q, < I r >'R ! 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Motion passed unanimously. (Said Resolution being attached hereto and made a part hereof.) Councilman Knox moved that the bills presented be approved for pay- ment, including Layne-Texas Invoice No. D-4641 for $2,919.15 for repair pf Well No. 1, R. W. Mussina, C.P.A., for $1000 for the 1973 Audit, Fire Protection Service Company Invoice No. 1132 for $610 for Air-Paks, various invoices for repair to City owned vehicles by Colleyville Auto Clinic for $351; seconded by Councilman Davis. Motion passed unanimously. The Mayor made several announcements concerning upcoming civic 3 activities. He also requested the Council to take action, whether positive or negative, on septic tank regulations. 3 The City Attorney announced a short closed meeting with the Council regarding possible litigation against General Telephone. 7 There being no further business, the meeting adjourned. t Mayor ATTEST: City Secretary it 1 n fl ORDINANCE NO. 161-55 AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE CITY OF SOUTHLAKE BY AMENDING THE ZONING CLASSIFICATION OF ONE-THIRD OF AN ACRE OF LAND, MORE OR LESS, OUT OF THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, FROM L (LIGHT COMMERCIAL) DISTRICT TO H (HEAVY COMMERCIAL) DISTRICT. WHEREAS, after receipt of request for change of zoning, notice given to applicable property owners of public hearing, notice of public hearing published, and public hearing having been con- ducted, all in compliance with ordinance No. 161, of the City of Southlake, Texas, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Southlake, Texas: SECTION 1. The certain Ordinance No. 161 passed by the City Council of the City of Southlake, Texas, January 1969, and being the "Comprehensive Zoning Ordinance" is hereby amended in- sofar as the one-third acre of land, more or less, out of the Samuel Freeman Survey, Abstract No. 525, Tarrant County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a point in the Southwest corner of a tract of land designated as "Tract 2 in the City of_Southlake's Ordinance No. 161- 24; THENCE North 02016110" East a distance of 226.79 feet to a point; THENCE North 870 18'°10" East 110 feet to a point; THENCE South 02011144" West 277.265 feet to a point; THENCE Northwesterly along a curve to the left of rad_ius_ 583958_ Pe __a_-d4-st-amee-o f_- 6-.07_._-f ee-e-t to the point of tangency of said curve; THENCE North 86058142" West a distance of 33.93 feet to the point of beginning, containing 0.3569 acres of land, more or less, f6 is changed from its prior zoning classification of L (Light ' Commercial) District to a zoning classification of H (Heavy Commercial) District. SECTION 2. The Official Zoning Map created by said Ordinance No. 161 is hereby amended'to reflect the change in zoning classification made by this Ordinance. ' SECTION 3. The said Ordinance No. 161, except as amended by this Ordinance No. 161-55 and prior ordinance amendments, re- mains in effect in all other respects as originally passed. This ordinance shall take effect upon its passage. PASSED this 5th day of February, A. D. 1974. 1 Mayor ATTEST: ' City Secretary ' APPROVED AS TO FORM: t City A t ey s 7 ORDINANCE NO. 123-B AN ORDINANCE AMENDING ORDINANCE NO. 123 WHEREIN THE TRI-COUNTY ELECTRIC COOPERA- TIVE IS SUBJECT TO REGULATION BY THE CITY OF SOUTHLAKE AND ITS SCHEDULE OF RATES IS INCREASED BY EIGHT PER CENT ACROSS THE BOARD; AND FURTHER THAT ITS PAYMENT TO THE CITY OF SOUTHLAKE IN THE FORM OF A TAX BASED ON ITS GROSS REVENUE IS INCREASED BY ONE PER CENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS SECTION 1. That the Tri-County Electric Cooperative Rate Schedules shall be increased by eight per cent (8%) across the board as per the attached Exhibit A and the approval of same by the City Council shall constitute notice to the consumers of electricity within the City of the availability and appli- cation of such increase of Rates. SECTION 2. Section 5 of Ordinance No. 123 is hereby amended wherein semi-annual payments are made to the City of Southlake in an amount equivalent to two (2%) per cent of gross receipts received by the Cooperative is now raised to three (3%) of its gross receipts. SECTION 3. Such-increases set forth in Section 1 and Section 2 shall become effective and shall be in full force and effec- tive March 1, 1974, and shall apply to all bills rendered after February 28, 1974. PASSED AND APPROVED this 5th day of February, 1974. Mayor ATTEST: City Secretary 1 ~ t EFFECT OF PROPOSED INCREASE Single Family Dwelling Residential Rate A-1 8% Monthly KWH - 250 Present Rate Proposed Increase Monthly Cost $8.48 $9.16 $0.68 Daily Cost (30 days) 0.022 Monthly KWH - 500 Monthly Cost 13.23 14.28 1.05 Daily Cost (30 days) 0.035 Monthly KWH - 833 Monthly Cost 18.86 20.35 1.49 Daily Cost (30 days) 0.049 Monthly KWH - 1000 Monthly Cost 21.57 23.27 1.70 Daily Cost (30 days) 0.056 Monthly KWH - 1166 Monthly Cost 24.27 26.17 1. 90 Daily Cost (30 days) 0.063 Monthly KWH - 1333 Monthly Cost 26.99 29.10 2.11 Daily Cost (30 days) 0.070 Monthly KWH - 1500 Monthly Cost 29.52 31.82 2.30 Daily Cost (30 days) 0.076 All other rate schedules have been increased by 8%. The 8% is added to each step of the schedules. EXHIBIT A CITY OF SOUTHLAKE PLANNING & ZONING COMMISSION RESOLUTION BE IT HEREBY RESOLVED BY THE CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION THAT: 1. THE LAND USE PROPOSED BY MR. CHARLES CROSS. OF DELANEY- SANDERS & ASSOCIATES FOR PROPERTY LOCATED IN THE CITY OF SOUTHLAKE CONTROLLED BY THEM IS COMPATIBLE WITH THE RECOMMENDED LAND USE CONTAINED IN THE CITY'S PROPOSED FUTURE LAND USE PLAN AS IS BEING PREPARED BY CARTER & BURGESS, INC. 2. NO CONFLICT IS FOUND BETWEEN THE TWO LAND USE PROPOSALS AT THIS TIME. PASSED AND APPROVED BY THE PLANNING & ZONING COMMISSION THIS 22ND DAY OF JANUARY, A.D. 1974. R. W. Mussina, Chairman c: L RESOLUTION NO. 74-4 ' WHEREAS, the Attorney General of the State of Texas advised the City of Southlake of his intention to file a lawsuit against seventeen corporations for alleged price fixing in the sale of reinforced steel bar materials; And, ' WHEREAS, the Attorney General of the State of Texas requested the City Council of the Cit y of Southlake to withdraw from this suit, if it so sees fit, by formal resolution; And, ' WHEREAS th Cit , e y of Southlake did not purchase and/or use re-bar materials from Armoo Steel Corporation, Austin Steel Company, Inc., Beth- ' lehem Steel Corporation, Border Steel Rolling Mills, Inc., Confederate Steel Corporation, Continental Steel Company, Huffhines Steel ' Company, Laclede Steel Company, Penden Indus- tries, Inc., Schindler Brothers Steel, Structural Metals, Inc., Texas Steel Company, ' Texsteel Manufacturing Company, Inc., The Ceco Steel Company, The Lofland Company, United States Steel Corporation, and Whitlow ' Steel Company, Inc., during the period of May 1 1969 throu h Decemb 31 1972 , , g er , ; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ' SOUTHLAKE, TEXAS, THAT: 1. The City Council of the City of Southlake does hereby with- draw itself from the representation of the Attorney General of the State of Texas in a lawsuit to be filed against the ' herein named corporations for alleged price fixing in the sale of re-bar materials. ' PASSED AND APPROVED this 5th day of February, A. D. 1974. t Mayor ' ATTEST : City Secretary RESOLUTION NO. 74-5 2U' WHEREAS, the City of Southlake Police Depart- ment no longer has use for its 1972 patrol ' ear; And, WHEREAS, it is to the best interest of the , City of Southlake to dispose of said vehicle through public sale; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: 1. The Mayor is hereby authorized to publish notice of the sale of the 1972 Ford car to be by bids received in the office of the City Secretary and to be opened at 10 A.M. on the 22nd day,;--of February, 1974. 2. The Mayor is further authorized to reject any or all bids and waive any irregularities. PASSED AND APPROVED this 5th day of February, A. D. 1974. 1 Mayor ATTEST: City Secretary ~i is h ?i RESOLUTION NO. 74-6 ' WHEREAS, the City Council of the City of Southlake made provision in its current ' Budget for the purchase of two 1974 patrol cars for the Police Department; And, ' WHEREAS, notice of receipt of bids for such purchase was duly published in accordance with the law; And, t WHEREAS, Payton-Wright Ford Company of Grapevine, Texas, was low bidder and an order for said purchase was given by pre- i v ous Council action; And, WHEREAS, delivery of said vehicles has been t made and payment requested by Payton-Wright Ford, Now; I THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS; THAT: 1. The Mayor is hereby authorized to issue payment to Payton- Wright Ford in the sum of $7,244 out of the General Fund. 2. The General Fund is to be reimbursed from the Revenue Sharing Fund as such funds are received during the 1974 entitlement periods. PASSED AND APPROVED this 5th day of February, A.D. 1974. Mayor ATTEST: CiC .f~/! s s / ~ O~ i City Secretary 21 22 ' RESOLUTION NO. 74-7 WHEREAS, in accordance with an action taken by the City Council of the City of Southlake, Texas, wherein the Colleyville Fence Company , was directed to erect a chain link fence in accordance with the City's instructions at Well Site No. 2 on White Chapel Boulevard; And, ' WHEREAS, such fence construction has now been completed too-the satisfaction of the Water , Superintendent W. G. Cline; And, WHEREAS, said company has tendered its request for payment in the sum of $2,700.00; Now, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. The City Council finds the fence construction to be acceptable and the gob performed in a workmanlike manner. 2. The Mayor is hereby authorized to make payment to the Colleyville Fence Company in the sum of $2,700.00. 3. The payment of $2,700.00 is to be made from the working account of the Southlake Water System. PASSED AND APPROVED this 5th day of February, A. D. 1974. Mayor ATTEST: City Secretary i i