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1975-03-04 _ 29 CITY OF SOUTHLAKE, TEXAS , REGULAR CITY COUNCIL MEETING MARCH 4, 1975 ' 7:30 P.M. A G E N D A 1. Water Tank Repair re Ground Storage Tank and Overhead Tank on Well Site No. 2: Gerald Lemons. 2. Loose Livestock Control Ordinance. ' 3. Fuel Adjustment and Utility Rates: Co-op Members Association. 4. Mayors' Council - Tarrant County Report: Councilman W. 0. Nunn. 5. Approval of Bills. ' March 3, 1975 ' Emergency Item concerning Mobile Home J. L. Clow. 30, CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 1975 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, March 4, 1975, with the following members present: Wade Booker, Mayor W. 0. Nunn, Mayor Pro Tem Billy Joe Knox, Councilman R. D. Drummond, Councilman Sam Davis, Councilman James Winfrey, Councilman Staff members present: William D. Campbell, City Attorney R. P. Steele, Fire Chief D. R. Hughes, Police Chief W. G. Cline, Water Superintendent Gerald Lemons, Engineer, Carter & Burgess, Inc. Mayor Booker called the meeting be order it n80 P.M. The invo- cation was given by Councilman W. 0. Nunn. The Minutes of the last regular meeting were approved as read. CONDITION OF WATER TANKS AT WELL SITE NO. 2 was reported on by Gerald Lemons who handed Brach Councilman a copy of the report on his findings and made certain recommendations. Following discus- sion, the Council postponed a final decision to the next regular a meeting in order to have Mr. A. W. Cline, President of the Water Tank Service Co., Inc., appear before them in re4erence to the plastic lining method. a, LOOSE LIVESTOCK CONTROL proposed ordinance was read aloud by the Mayor to those present. After much discussion, Councilman Drummond moved that Ordinance No. 218, setting forth regulations for the control of loose livestock, be passed and approved upon changing the amount of fees in Article II, Section 4 to $10.00 and $3.00; seconded by Councilman Nunn. Discussion followed where upon Councilman Drummond amended his motion to change the redemption period to 60 days. More discussion followed and Councilman Drummond then withdrew this motion and the amendments 31 ® and Councilman Nunn announced his second thereto was with- drawn. Councilman Drummond then moved to pass Ordinance No. 218, with the fees in Article II, Section 4, changed to $10.00 and $3.00 and Article II, Section 7 deleted in its entirety; seconded by Councilman Nunn. The vote was as fol- lows: Councilman Drummond, Councilman Nunn, and Councilman Winfrey voted "For; Councilman Knox and Councilman Davis boted "Against". The motion carried. CO-OP MEMBERS ASSOCIATION spokesman, Brad Popkin, explained to the Council the purpose in forming the Association and its aims. Discussion followed concerning utility regulation. He advised he will presentea resolution expressing the Council's acknowledgment and support of the Association at the next regular meeting. Ed Nash read a statement to the Council asking that the Mayor join with other area cities to collectively fight the utility problem. , THE TARRANT COUNTY MAYORS' COUNCIL meeting of Monday, February 24th, was reported on by Councilman Nunn. He stated that first year funds from the Community Development Act will be used primarily for solid waste disposal, four sites for senior citizens, and one 10 acre fire training site. Councilman Davis moved to pay the bills presented (as per the attached list); seconded by Councilman Nunn. Motion passed unanimously. Following the finish of regular business, Mayor Booker invited Mrs. J. L. Clow to address the Council regarding the "emer- gency item". She stated she needed to know if the City would permit a trailer to replace one already located on a certain piece of property. The City Attorney explained that on the basis that it is a non-conforming use, this could not be done. The Mayor announced that the Carroll Girls won the 1A.State Basketball Championship. The Mayor recommedded an increase from 25 gallons to 50 gal- lons per month for City use - 30 gallons for the City Secretary, 10 gallons for Kenneth Bell, Building Inspector Trainee, and the remainder for the two clerks. So moved Councilman Davis; seconded by Councilman Nunn. Motion passed unanimously. Regui&r Council Meeting 3/4/75 - Page 2 of 3. 33 ORDINANCE NO. 218 AN ORDINANCE PROHIBITING LIVESTOCK RUNNING AT LARGE WITHIN THE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE IMPOUND- ING AND SELLING OF LIVESTOCK RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE; AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: ARTICLE I - DEFINITIONS SECTION 1. "RUNNING AT LARGE" - shall, for the purpose of this ordinance mean any animal described in the ordinance when such animal is off the property of it's owner, keeper or person in charge thereof, not under the immediate con- trol of a competent person. SECTION 2. "PERSON" - The term "person" as used herein shall be construed to include both singular and plural and shall mean and embrace any individual, corporation, association, partnership, or society, and their agents, servants and em- ployees. SECTION 3. "LIVESTOCK" - The term "livestock" as used here- in shall be construed to mean any horse, mule, jack, jenny, cow, cattle, hog, sheep or goat, or similar animal. ARTICLE II - LIVESTOCK SECTION 1. RUNNING AT LARGE: That it shall be unlawful for the owner, keeper, or person in charge Q.f any herse, mule, jack, jenny, cow, cattle, hog, sheep or goat, or similar ani- mal to allow or permit the same to run at large within the limits of the City of Southlake, Texas. SECTION 2. IMPOUNDING: That the Chief of Police shall take up or cause to be taken up any such animals found running at large within the limits of the City of Southlake, Texas and shall impound any such animals in a suitable place provided for that purpose. SECTION 3. NOTICE AND SALE: That the Chief of Police shall, ® within three (3) days after such animal has been impounded, post two (2) written notices, one at the City Hall and one at the location where the sale is to be conducted, giving therein & full description of such animal so taken up and impounded and stating a day and place of sa&e of such ani- mals, which date of s&Ae shall be not less than five (5) days from the date of posting notices, and said animals shall be sold at public auction to the highest bidder for cash. That the Chief of Police shall conduct such auction or cause the same to be conducted by other police officers or a designated livestock auction company. SECTION 4. FEES: That the Chief of Police shall collect a fee of ten dollars ($10.00) per head for taking up and impounding each animal and three dollars ($3.00) per head per day for feeding and taking care of each animal and five dollars ($5.00) per head for selling each animal, which fees so collected out of the sales price shall be paid over to the C'fjy Tax Assessor and Collector. it Ubf owner fails to call for the balance of the sales price (after the above fees have been deducted) within fifteen (15) days from the date of sale, then the Chief of Police shall pay the same ® over to the City Tax Assessor and Collector. At any time within six (6) months after the sale the owner may apply to the Chief of Police and after satisfactory proof of owner- ship, he shall be entitled to receive the balance on deposit on account of such sale after the above fees are deducted. SECTION 5. RECLAIMING BEFORE SALE: That the owner of any animal impounded may reclaim the same from the Chief of Police at any time before sale by paying all fees and expenses of taking up and keeping such animal. SECTION 6. RECORDS: That the Chief of Police shall keep a book in which he shall record a description of all animals impounded, the date of sale, the amount realized fmm the sale, the fees and expenses dub for impounding and keeping the animal, the same of the owner, if known, and the name of the purchaser, and the addresses of both parties. SECTION S. STAKING AND GRAZING: That it shall be unlawful for any person to stake any livestock for the purpose of graz- ing upon or *ithin reach of any public street, alley, side- walk, park, or rights-of-way within the limits of the City of Southlake, Texas. ® ARTICLE III - GENERAL PROVISIONS SECTION 1. PENALTY: That any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not ex- ceeding $100.00, and each and every day of such violation shall be deemed a separate and complete offense. SECTION 2. SAVINGS CLAUSE: That if any section, part, or pro- vision of this ordinance is declared uncmnstitutional or in- valid, then, in that event, it is expressly provided and it is the intention of the City Council in passing this ordinance, that all other parts of this ordinance shall not be affected thereby and shall remain in full force and effect. SECTION 3. EFFECTIVE DATE: This ordinance shall be effective from and after the date of its passage and publication. PASSED AND APPROVED this 4th day of March, 1975. Mayor ATTEST City Secretary APPROVED AS TO FORM: City Att ney 34 BILLS FOR APPROVAL AT COUNCIL MEETING OF MARCH 4, 1975: Gulf Oil Products (Gas) #007272 $243.16 Continental Oil Co. (Oil) #N09652 74.25 Tri-County Elect.(Southlake Estates & Trail Creek) 3/1/75 36.29 Lone Star Gas (City Hall) 2/24/75 57.53 TML (League Services) 2/28/75 145.00 DO-ALL Elect.(City Hall) #0365 10.00 National B1dg.Centers (Tubes-City) #55343 8.70 Tarrant County (Supplies-City) 3/2/75 30.79 Thompson Printing (P.D.) 2/22/75 16.95 Colleyville Auto Clinic (Repair-P.D.) #001175 6.00 General Telephone (P.D.) 3/1/75 35.66 General Telephone (F.D.) 3/1/75 25.11 R. P. Steele-Fire Chief 1/2 yr.for services rendered 300.00 J. J. Joyce -Asst.Fire Chief 1/2 yr. 11 100.00 Jack Weddle -Fire Marshall 1/2 yr. of it 50.00 Whites Auto Store (Supplies-F.D.) #129304 6.04 Crabtree & Powers (Batteries-F.D.) #0836 95.00 Tex.Fire & Safety (Repair-F.D.) #25033 34.00 Burroughs (Supplies-Water) #706935 28.96 Share Corp.(Vegetation Control-Water) #132193 49.85 Texas Police Chiefs Assn. (P.D.-Dues) 10.00 White's Auto Stores (Supplies-City) #129243 4.03 i