1973-02-20
28
{
CITY OF SOUTHLAKE, TEXAS
AGENDA
r
REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1973
1. Trail Creek-Phase I Community Facilities
Agreement and Final Plat.
2. Resolution No. 73-3: Letting Contract for
Overhead Water Storage Tank.
3. Water Main Priorities.
4. Police Schools - Chief D. R. Hughes.
5. Fire Equipment Report -Chief R. P. Steele.
6. Resolution No. 73-4: Dove Estates Community
Facilities Agreement Amendment.
7. Resolution No. 73-5: Election Order and
Notice re Election of City Officers.
8. Ordinance No. 196: To Vote on Question of
City Sales and Use Tax at Regular Election.
9. ZA-73-1: P & Z Recommendation and Date for
Public Hearing.
10. Administrative Matters:
A. Approval of Bills.
B. Xerox Lease Agreement.
C. Riscussion on Revision of Ordinance
creating Planning & Zoning Commission.
6
29
CITY OF SOUTHLAKE, TEXAS
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 20, 1973
The City Council of the City of Southlake met in regular session
in the Council Chamber of City Hall in Southlake, Texas, on Tues-
day, February 20, 1973, with the following members present:
Wade Booker, Mayor
Billy Joe Knox, Mayor Pro Tem
W. O. Nunn, Councilman
R. D. Drummond, Councilman
J. A. Perez, Councilman
Absent: Frank Tetrault, Councilman
Also present: William D. Campbell, City Attorney.
Mayor Booker called the meeting to order at 7:35 P.M. The invo-
cation was given by Councilman Nunn.
The minutes of the last regular meeting were approved as read.
Trail Creek-Phase I Final Plat was presented to the Council and
j the Planning & Zoning Commission recommendation for approval with
reservations noted was read aloud by the Mayor. The Community
Facilities Agreement was then passed and approved on motion by
Councilman Nunn; seconded by Councilman Knox. Motion carried with
three Councilmen voting for it and Councilman Perez voting against
it. (See Resolution No. 73-6 attached hereto and made a part hereof.)
Mr. Gene Worrell of Carter & Burgess, Inc., the City's engineering
firm, then asked permission to make a statement for the record which
Mayor Booker granted. He then stated that it was his opinion as an
engineer that the City was making a mistake in not adopting the Com-
munity Facilities Agreement prepared by Carter & Burgess.
Resolution No. 73-3, awarding the contract for the construction of
an overhead water storage tank to Chicago Bridge & Iron Company as 1
recommended by Carter & Burgess, was presented to the Council. Mr. 1
Dick St. John of Universal Tank & Iron Works told the Council his
company submitted the lowest bid and its proposed foundation for the I
tank was adequate for the job. Mr. Worrell pointed out the specifi-
cations were not followed. Discussion followed. Councilman Knox
moved that Resolution No. 73-3- be passed; seconded by Councilman I
Drummond. Motion carried unanimously. (Resolution No. 73-3 is
attached hereto and made a part hereof.)
® Water Main Priorities were next discussed. Following discussion, I
i
30
the Council was in general agreement to establish the following
priorities;
No. 1. 8" extension to Peytonville and north along
Peytonville to north corner of Metroplex
properties.
No. 2. 6" extension 2600' along Johnson Road and
6" replacement 1900' along Jellico Circle.
No. 3. 6" extension 500' along Shady Lane.
No. 4. 8" extension 1050" along East Dove.
No. 5. 8" replacement 5450' along South Carroll
Avenue and 5000' extension along East Con-
tinental Boulevard to its end.
Mr. Gene Worrell submitted a letter of recommendations regarding
the Vista Trail Addition inside the City's extra-territorial
jurisdiction. He then advised the Council that he has taken a
position with another firm and would no longer be with Carter &
Burgess after the end of this month.
Police training was next discussed and Councilman Nunn moved that
the City become a member of the Regional Police Academy for the
current year at a cost of $250.00 and that two officers be permitted
to attend workshops as recommended by Chief Hughes; seconded by
Councilman Knox. Motion carried unanimously.
Fire E ui ment Report was given by Chief Steele. He informed the
Council that 002 the pumper) needs repair in the approximate
amount of $500 and that it was turned down for its inspection
sticker because of its tires. He further advised that the work
on #3001 (the tanker) is completed and that the new tank is well
built and that all seem pleased with the work.
Resolution No. 73-4: amending the Dove Estates Community Facilities
Agreement pertaini
ng to "Sewers", was passed on motion by Councilman
MIT
Knox; seconded by Councilman Nunn. Motion carried unanimously. (Said
Resolution attached hereto and made a part hereof.)
Resolution No. 73-5: calling for an election to be held April 7, 1973,
was passed by t e Council, and approved by the Mayor as to those
matters recited therein coming under his jurisdiction by law, on
motion by Councilman Knox; seconded by Councilman Nunn. Motion
carried unanimously. (Said Resolution attached hereto and made a
part hereof.)
Ordinance No. 196: calling for the proposition of a 1% city sales
an use tax to be put before the voters at the regular municipal
® election being held April 7th was passed and approved on motion by
Council Mtg. 2/20/73-Page 2
31
Councilman Perez; seconded by Councilman Drummond. Motion carried
with three Councilman voting for and Councilman Nunn voting against.
(Said ordinance attached hereto and made a part hereof.)
ZA-73-1: requesting a change inzzoning from Ag District to A-2
Dist ct was set for public hearing on Marbh 20, 1973. Mayor
Booker read aloud the Planning and Zoning Commission recommence
dation for approval.
The following Administrative Matters were acted upon by motion and
unanimous agreement by the Council that:
1. The current outstanding bills be paid (excluding
the payment
of the new patrol car)
2. The annual lease with Xerox Corporation for a copy machine be
renewed.
3. The Mayor be authorized to write a letter to the Trinity
River Authority regarding acquis t n of surface water for
the City of Southlake as proposed by Carter & Burgess.
4. The City Attorney prepare for Council action at the next
regular metting an amendment to the ordinance creating a
Planning & Zoning Commission regarding the number of members
and their term of office.
® Mr. Gerald Lemons introduced hijself to the Council and advised that
he was with Carter & Burgess and would replace Gene Worrell.
There being no further business, the metting was adjourned.
ATTEST:
City Secretary
Council xtg. 2/20/73-Page 3..
32
RESOLUTION NO. 73-6
' WHEREAS, the Trail Creek-Phase I
is to be developed within the City
' of Southlake, Texas; And,
WHEREAS, it is necessary for the
proper development of Trail Creek-
Phase I to have an agreement with
the City of Southlake regarding
the community facilities; Now,
PHEREFORE, BE !T RESOLVED BY THE CT-m-y C_)F THE CITY OF
SOUTHLAKE, THAT:
' The Mayor is hereby authorized to sign the Trail Creek-Phase I
Community Facilities Agreement between the City of Southlake
' and Metroplex Properties attached hereto and made a part hereof.
PASSED AND APPROVED THIS 20th day of February, 1973.
t APPROVED:
1
Mayor
1
ATTEST:
City Secretary
TRAIL CREEK - PHASE I '
COMMUNITY FACILITIES AGREEMENT
FEBRUARY 20, 1973 '
.n agreement between the City of Southlake (the City) and Metroplex Properties, Inc., '
the Developer) for the installation of certain community facilities within and to service
rail Creek Phase I, an addition to the City of Southlake, Tarrant County, Texas.
uch facilities to include: '
I. WATER SYSTEM FACILITIES :
A. OFF-SITE WATER - Metroplex Properties, Inc. the Developer and the City
'
of Southlake hereby agree to install an 8-inch water line, with all appurte-
nances, to service Trail Creek - Phase I, in accordance with plans and '
specifications to be prepared by the City. Said 8-inch water line shall be
connected to the existing City water system, in a manner approved by the
City, at the intersection of W. Highland Street and Shady Oaks Drive and '
extended to the west parallel to the existing 3-inch water line and within the
existing water easement for said 3-inch water line to N. Peytonville Avenue,
a distance of approximately 2,700 feet. The 8-inch water line will then extend '
north in the right-of-way of N. Peytonville Avenue to the north line of Trail
Creek - Phase I, a distance of approximately 2,160 feet. The City will install
said water line, and the Developer agrees to reimburse the City I of costs ,
to North edge of property, and the City agrees to have lines in within 1 year.
B . ON-SITE WATER - Metroplek Properties, Inc., the Developer, hereby agrees '
to install water facilities to service all lots shown on the final plat for Trail
Creek - Phase I, 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 of Ordinance No. 170, within five (5) years from the date of ,
execution of this agreement with the exception that the City hereby approves
use of class 160 PVC pipe.
C. Prior to commencing work, the Contractor to whom the Developer awards the '
contract for on-.site water 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 the 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 con-
structed by him in the City against defects in materials and/or workmanship ,
for a period of one (1) year after acceptance by the City. The Contractor
shall also 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 ,
' accordance with the standards established by the City of Southlake.
' 5. Street pavement facilities shall consist of a concrete curb and gutter
or mountable curb, six (6) inches of compacted gravel and two (2)
inches of hot-mix asphaltic concrete with an 18" curb and gutter or
' mountable curb. The minium right-of-way for streets in Trail Creek -
Phase I shall be 50 feet and the minum paved width shall be as follows:
I
' a. Silk Stocking Circle - 30 feet.
b. Post Oak Trail - from N. Peytonville Ave. to the proposed street
providing access to the west - 30 feet.
c. Post Oak Trail - from the proposed street providing access to the
' west to the cul-de-sac on Post Oak Trail -30 feet.
d. Cut-de-sac's - 80 feet diameter.
t 6. No work shall begin on any street facility included herein prior to the
Contractor's execution and delivery of a one (1) year Maintenacne Bond
' to the City Secretary in favor of the City of Southlake for the repair and/
or reconstruction in whole or in part for all defects 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 complany 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 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 accordance with the City's standard requirements of con-
tractors doing work for the City.
7. All street and drainage facilities shall be subject to inspection and
' approval by the City of Southlake.
III. 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 improvements mentioned hereinabove
shall be vested at all times in the City of Southlake, and the Developer here-
by relinquishes any right, title or interest in and to said facilities or any
part thereof.
' -3-
' upon the faithful performance 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.
D. The City of Southlake hereby agrees to:
1. Assist in the acquisition of any additionally required right-of-way.
2. Permit Metroplex Properties, Inc., one connection to the existing water
system without charge.
t 3. Provide inspection of the materials and workmanship performed in the
construction of said water facilities and, in particular, the testing of
' the completed water facilities prior to acceptance.
E. Upon completion and acceptance of the aforementioned water facilities, the
t City shall own, operate, and maintain the said water facilities, subject to the
applicable maintenace agreement and bonds in connection therewith.
STREET AND DRAINAGE FACILITIES
A. Metroplex Properties, Inc., the Developer, hereby agrees to construct Post
' Oak Trail and Silk Stocking Circle in accordance with the geometric layout
as indicated on the final plat for Trail Creek - Phase I, 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 con-
structed 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 specifi-
cations to be prepared by the Developer's engineers and approved by the
' City. Further, Metroplex Properties, Inc. , agrees to complete this construction,
at its own expense within five (5) years from the date of execution of this
agreement and in accordance with the following:
' 1. Street lights shall be installed by the Developer with the Developer
responsible for electricity cost until accepted by the City. The size,
' type, and location of these street lights shall be approved by the City
prior to installation.
' 2. No construction shall begin on the permanent street facilities within the
limits of any of the streets included herein prior to the installation of all
underground utilities including service lines.
3. All utility lines shall be placed underground.
' 4. Street identification signs shall be installed at all street intersections
within this addition at the expense of the Developer and shall be in
i
-2-
' 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, Payment, Performance
and Maintenance Bonds in the name of the City for one hundred percent
' (100%) or of the amount specified previously, of the contract price of the
facility, said bonds to be furnished rior to the commencement of work.
3. To secure approval by the City of any and all partial and final payments
to the Contractor. Said approval is made in accordance with the require-
ment of this agreement and is not to constitute approval of the quantities
' on which payment is based.
4. To delay connection of building 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 per-
mits for permanent dwelling structures within Trail Creek - Phase I shall
not be issued until a minium of seventy-five percent (75%) of the permanent
' street facilities outlined in this agreement have been constructed in accord-
ance with the provisions of this agreement (75% to mean curbs and compacted
sub-base).
' E. It is further agreed and understood by the parties hereto that no certifi-
cates of occupancy will be issued for any permanent dwelling in Trail
' Creek - Phase I until all provisions of this agreement have been complied with.
METROPLEX PROPERTIES, INC.
By ~4~ 4t
' CI OF SOUTHLAKE
TEST:
to By 0
City Secretary Mayor
- 4-
33
CITY OF SOUTHLAKE, TEXAS
PLANNING AND ZONING COMMISSION
February 19, 1973
RE: ZA-72-12 - Trail Creek
Phase I
TO THE HON. MAYOR & COUNCIL:
Gentlemen:
At the regular meeting of the Planning & Zoning Commission
held Tuesday, February 13, 1973, Charles Pennington moved
that the Final Plat of Trail Creek-Phase I be accepted
with reservations noted in Bart Bradford's letter attached
hereto,(with Item 5 excepted); seconded by James Harrell.
Motion carried unanimously.
Present for the Commission: R. W. Mussina, Chairman
Lloyd Wolf, Acting Secretary
James Hrrell,
Manuel Gonzalez
Charles Pennington
Nate Hight
C. M. Gordon
1
1
I
s~:
CARTER & BURGESS, INC.
ENGINEERS O PLANNERS 1100 MACON STREET/FORT WORTH, TEXAS 761021AREA CODE 817 335.2611
February 13, 1973
Mrs. Aliceanne Wallace, City Secretary
City of Southlake
P. 0. Box 868
Southlake, Texas 76051
Reference: Review of Final Plat - Trail Creek
Dear Mrs. Wallace:
We have reviewed the final plat on the Trail Creek Addition and
find that everything is in order and would recommend to the
Planning Commission and City Council its adoption contingent on
the following points:
1. A 32-foot side and/or rear building line be established
on Lots 1, 2, 4, 5, 7 and 8, Block 2.
® 2. Flood easement based on 100 year flood elevation be
established on Lots 4, 5 and 6, Block 1 and 13, 14,
15 and 16, Block 2.
Respectfully sub ted,
TE B S , INC.
Bart S. Bradf rd, A.S.L.A.
BSB/pc
34
RESOLUTION NO. 73-3
' WHEREAS, the City Council of the City of
Southlake did cause to have published
notice of acceptance of bids for the con-
struction of a 500,000 gallon overhead
water storage tank; And
' WHEREAS, the construction of said overhead
water storage tank was called for in the
1972 Bond Election for Expansion and Im-
provement of the Water System; And
WHEREAS, the opening of bids submitted
was duly held at City Hall in Southake
' February 8, 1973, at 2 P.M.; And
WHEREAS, three bids were submitted as
' follows:
Universal Tank& Iron Works: $112,600
' Chicago Bridge & Iron: $116,185
Pittsburgh-DesMoines: $122, 190;
And
' WHEREAS, the engineers of Carter & Burgess
Inc., engineering firm employed by the City
' of Southlake, have analyzed these bids, and
recommend that the bid of Chicago Bridge &
Iron be accepted on the basis of completing
construction in the least namber of days and
' on the basis that the bid complied in all ways
to the specifications called for; Now
' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WHE CITY OF
SOUTHLAKE, TEXAS, THAT
' 1.
Chicago Bridge & Iron Company be awarded the contract for the
,construction
of the 500,000 gallon overhead water storage tank
to be located at Well Site #2 in the City of Southlake, Texas,
at a cost of $116,185.00 to be completed in 190 consecutive
calendar days commencing ten days from the date of the letter
' from Carter & Burgess, Inc., advising them of the award of this
contract.
PASSED AND APPROVED this 20th day of February, 1973.
1
'Z~
11TTEST: Mayor
City Secretary
35
RESOLUTION.NO. 73-4
1
WHEREAS, the City of Southlake and Real-Tex
Enterprises, Inc., entered into a Community
' Facilities Agreement for the proper develop-
ment of Dove Estates, an addition to the
City of Southlake, Texas; And
' WHEREAS, Paragraph V of said Agreement en-
titled "Sewers" sets forth certain minimum
requirements; Now
' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT
' Paragraph V entitled "Sewers" bf the Revised community' Faci-
lities Agreement y an agreement between the City o Sout ake
' and Real-Tex Enterprises, Inc., be and the same is hereby
amended to read as follows:
"It is understood and agreed that sewer facilities
' shall be constructed in such a manner as to comply
with all and any applicable City ordinances con-
cerning sewer facilities."
' PASSED AND APPROVED this oZO day of February, 1973.
' Mayor
ATTEST,:
' City Secretary
f,
€t
RESOLUTION NO. 73-5
i WHEREAS, pursuant to the provisions of Title 28,
Chapter 2, of the Revised Civil Statutes of Texas,
' it is provided that there shall be held in each
municipality of the State of Texas on the first
Saturday of April of each year a general election
' for the purpose of electing officers of said muni-
cipality; 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, Texas, at a regular
' meeting held this date does hereby order an election of officers
of the City of Southlake to be held on Saturday, April 7, 1973, for
the purpose of electing a Mayor for the term of two years, and three
t Councilmen, two for the term of two years and one to-fill the unex-
pired term, from April 7, 1973 or until their successors are duly
elected and qualified. Candidates for Mayor and Councilmen for
' Place d and Place 2 receiving the highest number of votes for such
office and such places shall be elected for a term.of two years,
and Councilman for Place 3 receiving the highest number of votes
shall be elected for the unexpired term.
2. For the purpose of said election, the entire City of
Southlake
is hereby constituted'one voting precinct and said election shall
' be held at one polling place, to-wit: City Hall, 667 North Carroll
Avenue, between the hours of 7:00 A.M. and 7:00 P.M. on the afore-
mentioned date, and the following persons are hereby appointed as
election officers.
Elsie McAlister, Presiding Judge
;dames Winfrey, Alternate Presiding Judge
' and the Presiding Judge at such election shall appoint no more than
three clerks,,with the rate of pay for the Presiding Judge at $2.00
an hour and a like amount for the Alternate Presiding Judge; and
the rate of pay for the clerks fixed at $1.50 per hour.
3. No person shall be eligible for the office of Mayor unless he
' is a qualified elector of the City of Southlake and has resided in
the City for one year next preceding the election at which he is
elected, and No person.shall be eligible for the office of Council-
man unless he is a qualified elector of the City of Southlake and
has resided in the City for six months next preceding the election
at which he is elected.
4. Any eligible and qualified person may have his name printed
upon the official ballot as an independent for the offices,herein--'_
provided for by filing his sworn application with the Mayor not
' later than midnight March 7, 1973. The application shall state
the specific office being sought by the applicant and that the
applicant is eligible and qualified under the Laws of the State
' of Texas, to become a candidate for and hold the office being sought,
if elected.
ICI
37
5. Any other candidate for either of the offices herein provided
' for may have his name printed upon the said ballot on application
to the Mayor, such application to be furnished by the City Secre-
tary and the same contain the signatures 66 five per cent (5%) of
the qualified voters of the City of the entire votes cast in the
' City at the last general election.
6. The names of all those who have filed their sworn application
' to have their names printed on the official ballot as candidates
shall be posted by the City Secretary in a conspicuous place at her
office for the inspection of the public for at least ten days be-
fore she orders the ballots to be printed. All objections shall
' be made within five days after such posting, all written notices
filed with the City Secretary setting forth the grounds of objec-
tions. In case no such objection is filed within the time pres-
cribed the regularity or validity of the application of no person
whose name is so posted, shall not thereafter be contested. The
City Secretary shall preserve in her office for a period of two
' years all applications, notices of objections and other related
matters.
7. Any person eligible to the offices herein provided for who
' has filed his sworn application in accordance with the provisions
of this resolution shall have his name printed on the. official
ballots. Any such person may cause his name to be withdrawn at
' any time before the official ballots are printed, by filing in
writing with the City Secretary a request to that effect over his
signature, duly attested to by a Notary Public. No name so with-
drawn shall be printed on the ballots. Not later than ten days
before the City General Election, the City Secretary shall have
the official ballots printed.
' 8. The ballots to be used in said election shall be prepared in
the manner and form in the election code of the State of Texas.
9. Voting by absentee ballot in said election shall commence on
March 19, 1973, at the office of the City Secretary, 667 North
Carroll Avenue; voting by absentee ballot shall close at five
o'clock P.M., April 3, 1973.
10. The election officers above named shall make and deliver the
returns of said election in triplicate, one being retained by the
' Presiding Judge, one delivered to the Mayor of the City and one
copy with ballot boxes and all election supplies shall be delivered
to the City Secretary of the City, the ballot box containing the
' signature stubs from ballots used in said election shall be de-
livered to the District Court of Tarrant County, Texas, and other
ballot boxes and election records and supplies shall be preserved
' by the City Secretary in the proper office as by law provided. The
The City Council will meet at 7:30 P.M. on April 9, 1973, for the
purpose of canvassing said ballots.
' The Mayor is hereby dir~ted to.give notice of said election which
shall be signed by the_ Mayor and City Secretary and shall state
38
the purpose of the election,.and the Police Chief shall post a
' properly executed copy of the election proclamation at the poll-
ing place herein provided and two copies at two other public places
within the City. Such notices shall have attached thereto a.certi-
' fied copy of this resolution.
11. Said election shall be held and conducted in accordance with
the laws of the State of Texas for the holding of general elections
' for state and county offices except as otherwise provided by Chap-
ter 2, Title 28, of the Revised Civil Statutes of Texas.
By approving and signing this Resolution, I, Wade Booker, Mayor of
the City of Southlake, Texas, officially confirm as my action all
matters recited in this Resolution which by law come within my
' jurisdiction.
ADOPTED this 20th day of February, A. D. 1973.
' APPROVED:
Mayor
ATTEST: M,
ool
City Secretary
t
r
i
39
I ORDINANCE NO. 196
AN ORDINANCE ORDERING THAT THE QUESTION OF
THE ADOPTION OF A ONE PER CENT (11) LOCAL
' SALES AND USE TAX WITHIN THE CITY OF SOUTH-
LMM, TEXAS, BE INCLUDED IN THE REGULAR
MUNICIPAL ELECTION TO BE HELD IN THE CITY;
' DESIGNATING THE DAY OF THE ELECTION AND THE
POLLING PLACE; APPOINTING ELECTION OFFICIALS
THEREFORE; PROVIDING THAT ALL DULY QUALIFIED
RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE;
PRESCRIBING FORM OF BALLOT; PROVIDING FOR
NOTICE OF ELECTION; CONTAINING OTHER PRO-
VISIONS RELATING TO SAID ELECTION; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, Article 1066c, Vernon's Texas Civil Statutes (Acts
1967, 60th Legislature, Regular Session, Chapter 36, Page 62) author-
ises the governing body of any city, town or village in Texas to call
an election for the purpose of adopting a local sales and use tax
within such city, town or village; Now, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX&S:
SECTION 1. That a regular municipal election shall be held in and
throug~iout the City of Southlake on the 7th day of April, 1973, at
which election thane shall be submitted to the resident qualified
voters of said City for their action thereupon, in addition to the
election of certain officers for said City, the following propositions:
"FOR adoption of a one percent (1%) local sales and use
tax within the city."
"AGAINST adoption of a one percent (1%) local sales and
use taps within the city."
SECTION 2. That said election shall be held at one polling place for
all qua. fled voters of said City of Southlake, and the polling place
1 and presiding officers for said election shall be, to-wit:
POLLING PLACE: City Hall, 667 North Carroll Avenue.
PRESIDING OFFICERS: Elsie McAlister, Presiding Judge.
James Winfrey, Alternate Presiding Judge.
The Presiding Judge at such election shall appoint th~reer clerks.
SECTION 3. That said election shall be held in accordance with the
CC a rtution and laws of the State of Texas, and all duly qualified
resident electors of the City of Southlake shall be qualified to vote.
40
SECTION 4. That the ballots of said election shall conform to the
requirem®nts of Section 2, Subsection G, of Article 1066c, Vernon's
Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session,
Chapter 36, Page 62), and to the requirements of Chapter 6 of the
Election Code of the State of Texas, as amended, and the language,
to be printed thereon at the bottom of the ballots for the regular
municipal election shall include the followings
"INSTRUCTIONS: Place an IXI in the square beside
the statement indicating the way you wish to vote.
FOR adoption of a one percent (1%) local sales
and use tax within the City.
r.r... AGAINST adoption of a one percent (18) local
sales and use tax within the City."
SECTION S. That election judges and clerks are directed to comply
ME Xrt~cle 6.06, Election Code of the State of Texas, as amended
(Section 2 of House Bill 181, Acts 1967, 60th Legislature, Regular
Session, Chapter 452, Pages 1026, 1028), which provides that a square
shall be placed beside each proposition in which the voter is instructed
to place an "X" or other clear mark to indicate the way he wishes to
vote; but which also provides that failure of a voter to mark his
ballot in strict conformity with the directions on the ballot shall
not invalidate the ballot, and the ballot shall be counted if the in-
tention of the voter is clearly ascertainable, except where the law
expressly prohibits the counting of the ballot. It is specifically
provided that the election officers shall not refuse to count a bal-
lot because of the voter's having makked his ballot by scratching out
the statement of proposition for which he does not wish to vote.
SECTION 6. That notice of the election hereby ordered and called
MIT fie given: (a) by publication on the say day of two successive
weeks in a newspaper having general circulation within said City of
Southlake, the date of the first publication to be at least twenty-
one (21) days prior to the date set herein for such election; and
(b) by posting of such notice at the polling place for such election
in the City of Southlake not less than twenty (20) days prior to the
date set herein for such. election. It is hereby found and determined
that there is no newspaper of general circulation which is published
within said City of Southlake; and it is hereby found and determined
that the Grapevine Sun, published in Grapevine, Texas, is a newspaper
having genera c rcu ation within the City of Southlake, Texas.
SECTION 7. If any section, subsection or provision of this ordinance
shall be held invalid or unconstitutional by a Court of competent
jurisdiction, the portion so hold to be invalid or unconstitutional
shall not affect the validity of any other part of this ordinance,
which shall remain in full force and effect.
PASSED this 20th day of February, 1973.
ayor
ATTESTS
''City Secretary
APPROVED AS TO FORM:
C ty Attorne
i~
42 ~
ORDER AND NOTICE OF ELECTION
STATE OF TEXAS ]
COUNTY OF TARRANT )
CITY OF SOUTHLAKE ]
I, Wade Booker, Mayor of the City of Southlake, Texas, by
virtu,s of the power vested in me by law, do hereby order
that an election be held in the City of Southlake, on April
7, 1973, being the first Saturday thereof, for the purpose
of electiong the following officers of said City:
Mayor - for a term of two years
Place 1 Councilman - for a term of two years
Place 2 Councilman - for a term of two years
Place 3 Councilman - for the unexpired term of one year.
And that said election shall submit the question of a 1% city
sales and use tax to the qualified voters in addition to the
above offices, which proposition will be printed at the bottom
of the same ballot.
And that said election shall be held at the City Hall, 667
North Carroll Avenue, in said City, and the following named
persons are hereby appointed election officers thereof, to-wit:
Elsie McAlister, Presiding Judge
James Winfrey,— Alternate Judge
and that the Presiding Judge shall appoint not more than 3 clerks.
And that the Chief of Police is hereby directed and instructed
to post a properly executed copy of this order and notice of
election at the Southlake City Hall, the place where this
election shall be held, and at two other public places within
the City. Said notice shall be posted no later than fifteen
days before the date of said election.
Signed and executed this the 20th day of F bruary, 1973.
Wade Boo er, ayor
ATTEST: City of Southlake, Texas
A iceanne Wallace, City Secretary
CITY OF SOUTHLAKE, TEXAS
PLANNING AND ZONING COMMISSION
February 19► 1973
RE: ZA-73-1
Jellico Estates
TO THE HON. MAYOR AND CITY COUNCIL:
At a regular meeting of the Planning & Zoning Commission
held Tuesday, February 13, 1973, C. M. Gordon moved that
ZA-73-1, Jellico Estates, be recommended to the City Council
for approval in the request for change in zoning from Ag
District to A-2 District (single family residences with no
less than 2,000 square feet of living area); seconded by
James Harrell. Motion carried. (All commissioners present
voting for except Commissioner Hight who -voted against.)
Present for the Commission: R. W. Mussina, Chairman
Lloyd Wolf, Acting Secretary
James Harrell
Manuel Gonzalez
Charles Pennington
Nate Hight
C. M. Gordon