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
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* I.*~^ f r ss 'P11Q ~a3 rorra.F 8S iL1v4a3 #1' t~t9 gcwrrt~ 3t}~ liar ~c4 K3 s
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ft 1~ ~ 9' }-c- ~ t ~ i ~ fit ~ / y ~ r • y 2 e t• o r
' SI, 4n• + ~i + t''^ $ rJ~.t 't t ~tZ Y{ r .i' r tv
15
Resolution No. 74-7: wherein the workmanship in construction of a
fence at Well Site No. 2 is accepted by the Council and payment for
such fence is authorized to be made to the Colleyville Fence Company,
was passed and approved on motion by Councilman Davis; seconded by
Councilman Knox. 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