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1973-03-20 50 lie A G E N D A I CITY OF SOUTHLAKE,TEXAS I REGULAR CITY COUNCIL MEETING MARCH 29, 1973 ' 1. ZA-73-1: Public Hearing on request for change in zoning to A-2 on "Jellico Circle". ' 2. Tri-County Electric Co-op., Inc., request for rate adjustment: Mr. Denver Nance or representative. 3. Adoption of Ordinance No. 197: Budget for Revenue Sharing Funds received to date. ' 4. Messina Brothers: water lines for Hilltop • Acres. 5. Administrative Matters: ' A. Approval of Bills. B. Special meeting to canvass the votes to be held April 9, 1973. C. Disposal of 1971 Plymouth: Resolution No. 73-7. I' D. Painting of Water Tank: Resolution No. 73-8. E. Discussion of Mass Gathering Ordinance as proposed. • 51 CITY OF SOUTHLAKE, TEXAS r ® l REGULAR MEETING OF THE CITY COUNCIL r March 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, March 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 7:30 P.M. The invoca- tion was given by Councilman Nunn. The minutes of the last regular meeting were approved as read. Mayor Booker informed the people present that Citizen David Moak ® was responsible for donating the bumper stickers which state, "Living is great in Southlake - Heart of the Southwest Metroplex". (The City secretary was later asked to send him a letter of thanks.) ZA-73-1: The public hearing on this zoning request was begun by the Mayor :reading aloud the recommendation for approval from the Planning & Zoning Commission. Citizen Ed Seydler stated he was in favor of the zoning but with certain modifications. Citizen Ed Nash spoke in favor of the zoning and informed the Council he was one of the owners seeking the change and that all who were owners when the original request was made were also in favor of the zoning. Mayor Booker read aloud the letters which were received, all of which were in favor of the zoning change. No one spoke against it. Discussion followed regarding the road. Citizen Nelson Miller spoke about the road. Councilman Nunn then moved that Ordinance No. 161-49, chang- ing the zoning from Ag District to A-2 esi en is r on 77 acres of land, more or less, described by metes and bounds therein, be passed and approved; seconded by Councilman Drummond. Motion carried unanimously. (Said Ordinance No. 161-49 being attached heretb- and made a part hereof.) Mr. Nightingale was introduced to the Council. He is here visiting from Anchorage, Alaska. Tri-County Electric Cooperative, Inc., reppesentatives, Denver ® Nance and L. H. Manny, advised the Council that charts setting forth the rate adjustment were available and they would be happy to answer any questions. Mayor Booker informed them that the Council would 52 prefer to table the matter to a future date and would let them know when action would be had. Citizen Miller told the Council that he hoped the Council would favor the rate adjustment since it calls for a lower rate for all electric homes. Citizens Chas. Smith and M. J. O'Brien spoke out against the adjustment. More pro and con views followed from other citizens present. Ordinance No. 197, setting forth a budget for $5,818 of Revenue Sharing Funds, was passed and approved on motion by Councilman Knox; seconded by Councilman Nunn. Motion carried unanimously. (Ordinance No. 197 attached hereto and made a part hereof.) The Messina Brothers, developers of Hilltop Acres, next addressed the Council regarding water line sizes in this s division. Louis Messina asked for the use of 4" lines rather than 6". Discussion followed. Mayor Booker suggested a meeting with them, Carter & Burgess, and two Councilmen at a later date and they would be ad- vised when the meeting is arranged. The bills presented were approved for payment on motion by Council- man Knox; seconded by Councilman Perez. Motion carried unanimously. Mayor Booker announced a special meeting of the Council will be held April 9th here in order to canvass the votes cast in the Municipal election April 7th. ® Resolution No. 73-7; calling for the sale of the 1971 Plymouth used in the Police Department for $366, the highest and only bid received, was passed and approved on motion by Councilman Nunn; seconded by Councilman Knox. Motion carried unanimously. (Said Resolution No. 73-7 attached hereto and made a part hereof.) Resolution No. 73-8: was tabled to the next regular Council meeting. Ordinance No. 198, entitled "Mass Gatherings" and setting forth cer- tain regulations for same, was discussed by the City Attorney with the Council. Following discussion, Councilman Knox moved to adopt Ordinance No. 198; seconded by Councilman Drummond. Motion carried unanimously. (Said Ordinance No. 198 being attached hereto and made a part hereof.) There being no further business, the meeting adjourned. Mayor ATTEST: City Secretary Council Meeting 3/6/73 - Page 2 53 ORDINANCE NO• 161-49 ' AN ORDINANCE AMENDING: ORDINANCE NO. 161, OF` THE CITY OF souT LLAKE BY AMENDING THE ZONING CLASSIFICATION OF SEVENTY-SEVEN ACRES ' OF LJ , MORE OR LESS, OUT OF THE J. G. ALLEN SURVEY, ABSTRACT NO. 18, FROM AG (AGRICULTURE) DISTRICT TO &-2 . (RESIDEtiTIAL) 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 conducted , 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 Southl a ke, Texas : S CT„ „ TIM 1,. The certain Ordinance No. 161 passed by the City Council of the ' City of Southlake, Texas, January 7, 1969, and being the "Comprehensive Zoning Ordf.nance" is hereby amended insofar as the seventy-seRven acres of land, sabre 'or less, out of the: J. G. Allen Survey, Abstract No. 18, Tarrant County, 'Texas, more particularly described by metes and bounds as follows. BEGINNIN at a point in the North line of the J. G. Allen ' Suacvy, 1980'.0 feet East of-its Northwest corner, said point being the.Nortf est crner of a tract of land as shown in Volume 2263, Page 553, Dead Records of Tarrant County, Texas. THENCE East with the North line of said Survey and the ceriter of County Road No. 4091, a distance of 1652.94 feet' to an 'fron pin for corner; ' THENCE South 6 degrees 12 minutes East 1860.0 feet to an Iron pin for carrier; THWE South 9 degrees 25 minutes East with a fence line ' to an iron pin for corner-in the North line of State Highway F.M. No. 1709; THENCE with said North lines South 79 degrees 15 minutes ' {lest 716.2 feet; South 75 degrees 00 minutes Test 100.0 feet.; South 71de rees 00 minutes West 100.0 feet; South 66 degrees 45 minutes West 100.0 feet; South 67 degrees 00 minutes West 193.0 feet; South 70 degrees 45 minutes ' West 100.0 feet; South 76 degrees 30 minutes West 100.0 feet; South 82 degrees 45 minutes Nest 100.0 feet; South r 54 87 degrees 45 minutes Wiest 63.0 feet; South 89 degrees 45 minutes blest 384.6 feet to an iron pin for corner; THENCE North 0 degrees 15 minutes, West with a fence line ' 2612,5 feet to the point oof beginning and cdatatning 100 acres :SAVE AND EXCEPT 22.44::acres in the. north por- tion of the a~c"'' '"c~d 'pct, designated on an ' unrecorded, plat of Jo11 ido Es tes a s' Lots 21, 22, 23, 24, 26, kt 219 28, 29. 3 * and -1, arA sralkl i n the Northwest corner, :of the above destribed tract. THENCE st with the North lira: of said triad a distame -of 1652.94 ' feet to an iron pin for corner; THENCE South 6 degrees 12 minutes East 583:6 feet aklo" the Eatt IIne of said tract to a point for corner" THENCE W691: 1710.- 4 feet; to a point ' for corner in the West line, of saki tract THME North along the West line of said tract to the place of BEGINNING is changed from Its prior zonings classification of (Agriculture) District ' to a tdni: ng classification of A-2 (Residential) District. ' Si~CT 2; The official Zoning.Nap created by said Ordinance No. 16'1 is ' hereby amended to reflect the change in zoning classification snide by this Ordinance SECTION The said Ordina ce No. 161, except as amended by this Ordinance ' No. 161-49 and prior ordinance amendments, remains In effect in all other resp is as originally passed. This ordinance shall take effect upon its passage. PASSED' this 26th day of Nardi, A. D. 19734 Mayor ATTEST: City secretary APPROVED AS TO FOflM: i L. /e 7 0 00 City Attorney f ORDINANCE NO. 197 AN ORDINANCE APPROVING AND ADOPT- ING A BUDGET FOR THE CITY OF SOUTHLAKE, TEXAS, FOR SPENDING THE REVENUE SHARING FUNDS RECEIVED TO DATE IN THE SUM OF $5,818.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: THAT, a budget for Revenue Sharing Funds in the sum of $5,818.00 was duly and timely filed; that due and timely public notice of a public hearing on such budget was given and made in accordance with the law and within the time limits set forth by law; that such public hearing was held in accordance with the law on March 6, 1973; and that it is the opinion and judgement of the City Council of the City of 3outhlake that such budget be: $1,800 for street signs and installation ® $ 600 for repair of the Fire Department rescue wagon $ 656 for repair of the Fire Department pumper $ 218 for miscellaneous maintenance items for city-owned vehicles Balance to be applied to cost of 1973 patrol car and same is hereby in all things approved and that same is proper and correct. WHEREFORE, said budget as set forth herein is here and now and hereby in all things approved and adopted and it shall be effective as of this date. PASSED, APPROVED AND ADOPTED by the affirmative vote of all mem- bers of said Council present this 20th day of March, A.D. 1973. 6Q - '&4'_ - 1, Mayor ATTEST: C t Y Secretary 1 56 ' RESOLUTION NO. 73-7 ' WHEREAS, the City Council of the City of Southlake, Texas, did approve and adopt a budget for the current year calling for ' the purchase of a 1973 model patrol car; And, WHEREAS, such patrol car has been pur- chased and the presently owned 1971 model patrol car is no longer needed in the City's Poliee Department; And, ' WHEREAS, the City of Southlake did duly publish notice that the 1971 model patrol car would be sold to the highest bidder; ' And, WHEREAS, the highest bid, and only bid, ' received was in,the sum of $366.00; Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ' OF SOUTHLARE, TEXAS: THAT the bid of $366.00 for the 1971 model patrol car is hereby and the same is accepted by the City Council; that ' no guarantee or warranties of any kind are made to the bidder; that no other bids were received; and that the sale of sdid 1971 patrol car for the bid of $366.00 is hereby in all things ' approved. PASSED, APPROVED AND ADOPTED by the affirmative vote of all ' members of said Council present this 20th day of March, A.D. 1973. ' Mayor ATTEST: City Secretary` , III N t i i I 5.7 AST ORDINAL E REQUIRE A PERMIT FOR MASS GATHERINGS AND flWTU 0111 32C F T,*ALS I Ott IN G THE P9OC=VRES FOR APPLYING FOR SUCH A PR IT 3 ''PRO'V TD1N(; FOR 6 C 11"R1XQ ON SAI-Q:; A#KIeATI i PROVIDING PROCEDURE FOR GRANTING OR DENYING SUC# A1#PLICAT20N;- PROVIDE FOR A PENALTY ,FOR V°IOLATZON A SWPARABrLITY .CLAt1SX; AND PRO- VIDING FOR PUBLICATION OF AN MECTI"V'E MATE. N REAS, the City Council deems it nee s4 and proper and in the lest inter* it of the heealth, ,*"*f+ety, morals~~ d general welfare of the commit y of Southlake, Texas, that an ordinances be' enacted in connection with sass gatherings a z4 butdoor music fesstivalof NOW THEREFORE, be it ordained and enacted by the City Council of the City of Southlakes, Texas : SECTION I,- DEFINITIONS t 1..01-"Mama Gatherings" means any meeting or gates lei ' ides the city. UmL of wAthia tk* a xts erritox-Ul t i`llise city of South3.akes, Texas, which attrac is eat c bee, expected to attract more. than 500 persons ~vho ►i.l].:r 3 at ifie location of the gathering for a period of more OVA 0,1dontinuous hours. 1.02-"Outdoor Musics Festival" and "event" me:a, I nns any form of musical entertainment .provided by live performances occurring on two or more consecutive days or on two days in any three, day, period,' if (a) more than SOO persons area in attandande at any one performance; (b) any of the performers or any of the audience are not within a per- manent structuiFo; and (c) the , performance occurs inside the city, limits of, or within the extraterritorial. juris4iction.cif, they' City of South- lake, Texas. 1.0 3-"Framotesr" means an person, rou of rssons firm corporation, partnership or association that organizes, pr9motesa or solicits funds for the, organisation o:r promotion' of ae mass gather- ing or an outdoor music festival. 1.04-"Issuing Officer" means the City Secretary of the City of Southl.ake, Texas. SLCZI 2, PRORIBITION: .9A - 2.01•-No person may act as a promoter of a %ase gathering or outdoor music: festival unless he obtains a permit fare the issuing officer under the provisions of this Ordinance. 1. ® SHCTION 3- BLIQTION FOR F IT 3.01-A promoter desiring to hold a masses gathering or an out- door music festival shall fi.le as permit application with the City Secretary of the .Cite of Southlake, Texas, at least sixty (60) days before the day the mass gathering or event is to be 'held. 3.02-The permit" appli cat .on, musxt include: a.-,the name and address of, the promoter and the names and addressees of all associates and employees of the promoter assist- ing in the promotion of the mass gathering or -events b. a financial atatement. of thee. promoter and a statement specifying from whom capital.for the mass gathering,or event is being supplied and in what amounts,; c. a description of the place where the mass gathering or event is to be held. d. the name and address of the owner of the place where the mass gathering or, event is to be held and a statem ent describing the tome and conditions of the agreement whereby the promoter is authorized to use the land; e. the dates and times that the mass gathering is to be held; f. the maximum number of persons that the promoter will allow to attend the mesa gathering or event and a . statement showing how the promoter plates to control; the number of persons in. attendance r at the mass gathering or events ® g. a description of the promoter's ;agreements with per- formers who are scheduled to appear at the mass gathering or event and the :tames and addresses of the performers who have agreed to appear and their ageentsa x and h. a full and complete statement describing the promoter's preparations fear the mass gathering or event to comply with the mini- standards of sanitation and health as prescribed by Chapter 178 , Acts .of the 49th Legislature,, Regular Session, 1945, as amended {Articles 4477-1, V*rnon'se Texas Civil. Statuteesl i i. a ,description of all preparations bung made to provide traffic control and to assure that the mats' gathering will be protected-, J. a description of the preparations mane to provide adequate medical and nursing cameo; and k. a description of the preparations made to supervise minor persons who may attend the massy gatherings 1. the a►ppl caation. for the permit must be verified by the promoter and be based on his best information and belief; M. a filing fee of $50.00 must be submitted with the III appItation for a permit. if SECTION 4 INVESTIGATION 3 4.01-After an application for permit ,is filed, the City Secretary shall ssond copies to thee County Health Officer, and the Southl.ake Chief of Police. ® 4.02-The County Health Officer may inquire into preparations 2. for the masesa gathering or outdoor music festival and at least five days before the hearing submit a report to the City Council of the City of Southloke starting whether or not he b*A*veesa t;,hat the mini- mum standards of health and sanitation provided by state and local laws, rules, regulations, and orders' will be maintained.- 4.03-The Chien- of Police of the City of 9outhlatces, Texasse,.sshall investigate preparations for the mass' gathering and at least five days before the. hearing shall submit a report 'to the City' Council of the city of Southlaker whether or not he believes the minimum standards provided ,by state an8 local laws, rules, regulations, and orders for assuring public safety and order will be maintained. ' 4.04-The issuing officer may conduct any additional investigation which he considers!s' necessary. 4.05-The County stealth '4ffi e:r and the Chief of Police or the agent of each shall be available to gives testimony relating to their reports at the hearing before the City Council. SECTION 5 ~,HEAJING 5.01-The f sssuing officer shall sat a date and time for a hear- ing before the City Council of Souihlake,. Texas,, on the applicati,ori for a permit. The hearing may be held not later than 30 days before the day set for the maws gathering to begin or the first performance of the event,, and not earlier than 15 days after the day the appli- cation is filed. 5.02-Ten (10) days notice. of the tune mind place of the hearing shall be given to the promoter by 'Certifi+sed Mail, at the address shown on the application, and reasonable notice shall be, given any persons who have an interest in the granting or denial of the permit. 5.03-At the hearing before the City Council of the City of Sotlthlake, Texas any person may appear and testify for or against the granting of the permit. SECLI N 6 g IAL, C?F MIT ~ GR US s €.01-After the hearing is completed, this City Council shall enter its findings in the record and shall grantor deny the permit. 6.02-The City Council may deny the permit if it finds that: a. the application contains false or misleading informa- tion, or required information is omitted; b. the financial backing or stability of the promoter is insufficient to assure that than masse gathering `wild.. be conducted in the manner 'stated ire. thee application; c. the location selected for the mass gathering or event is inadequate for the purpose for which it is to be used; 3. _a r. , Z~ 84 d. the promoter has not made adequate preparations to limit than number of persons attending the mass .gathering or. eveent or to provide adequate supervision for minor persons attending the mass gathesring. or event 0. the promoter does not have assurance that performers who are scheduled to appear will appear; f f. tho preparations for the mass gathering or event do not asrsuree thatt sasinix ' sstandardss,of sanitation and health will ; be maintained or that the ssatfeety; or persons in attendance will be pro- or that adequate-,supervision of minor persons will not be providead g* adequate arrangements for traffic control have not been provided; h. adequate medical and nursing care will not he avaUjk4le. i. the time and place for the mass gathering or even. .create a substantial dangear of, c onleat on and , disruption.of other lawful activities in the ismsyedisate, vicinity of the mass gathering or event; J. the promoter does not have adequate agreements with performers to insure with reasonable certainty that persons adver- tised to perform ,will in fact appear. 6,03-A finding under Subsswection 6.02 of this section requires a majority vote of the City Council. SECTION 7 - PERMIT: 7.Ot-A perMit, if issssuead # shall authorize the promoter to hold a mass gathering or outdoor music festival at a specified place and at specified times. SECTION 8 - RE-4CATIQN.tp PERMITS 8. pl-A.t any time prior to five days before the ,day of the masse gathering or first performance of the event, the City Council may, after reasonable notice to the promoter and a.hearing, revolve the permit on a finding by at majority of the City Council that the pre- parations for the mass gathering or event will not be completed, in time for the first performance and that the failure to carry out the preparations vtll result in a serious threat to the health or safety of the community or the persss'n s attneding the event. SECTION. 9 r SA H 061T 9.01--As a condition precedent to the issuance of a permit here- under, the City Council may require the promote to make a cash deposit with the City of 8outhlakee, to provide an adequate fund for the csm - pens+a,tion of such security personnel in connection with the physical safety of persons and property of the community directly affected by ® the mass gathering or event. 4. 61 SECTION 10 -FINAL SITE CLUN-OUP r 10.01-At the conclusion of a mass gathering, or an outdoor music festival, the site shall be: inspected by the County Health officer for health and sanitation consi.de3aration. The promoter* land owner, rand/or Lessee of leaatsed _ preemises, upon notAcaaation by the County Heealth. Officer of the existence of any unsanitary conditions, shall immediately causes such conditions to be corrected. 38CTION 11. w PHNAI.T ES r 11.01-Any person, firm or c©rporat on# or any employee, agent, servant or representative of any person, firm or corporation who shall vi olaate,, aany of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction be punished by' a fine of not more than $200#00. Each day, shall, constitute a► separate basis for an offense and etch particular violation of the terms and conditions ©f this ordinance shall constitut* a separate and distinct offense. SECTION 12, - SAVINGS C7 USR z 12.01-If any section, parag raaph, . subdivision, clause, phrase or provision of this ordinaaance. ashal.l be Adjudged invalid or held un- constitutional, the souse shall not affect the validity of this *rdinancsee as as whole ` or any part or provision thereof,, other than the part so decided to be invalid or unconstitutional. This Ordinances shall take effect and be in full force and effect from and rafter one publication of a descriptive caption hereof in the official newspaper of the City # and the City Secretary is hereby directed to so publish the same. PASSED AND ADOPTED this 20th day of March, 1973. yor ATTEST: City egrets APPROVRD AS TO PnRMz lip City Atfboitney- 5.