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1973-10-02 15) 9 CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL October 2, 1973 A G E N D A I. Public Hearing on Am o ending Ordinance No. 161 regulating alcoholic beverages. II. Fire Department Report - Chief R. P. Steele. III. Water Department Repott - Supt. W. G. Cline. IV. Police Department Report - Chief D. R. Hughes. V. Resolution No. 73-27, calling for 4th Partial Payment to Chicago Bridge & Iron Company. VI. Planning & Zoning Recommendation re ZA-73-8, for approval of request for F District by James Turner Company. VII. NCTCOG Report on Airport Compatible Development Regulations of Land Use. VIII. Approval of Bills. IX. Ordinance No. 202 rescinding Ordinance No. 194. X. Resolution No. 73-28, calling for approval of Judgnmnt in Cause No. 17-8539-71, City of Southlake, vs. City of Grapevine to be entered in the 17th District Court, Tarrant County, Texas. XI. Resolution No. 73-29, calling for contracting janitorial service. XII. Resolution No. 73-30, calling for contracting 701 Comprehensive Planning. 160 • CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL October 2, 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, October 2, 1973, with the following members present: Wade Booker, Mayor Billy Joe Knox, Mayor Pro Tem W. 0. Nunn, Councilman Frank Tetrault, Councilman Sam Davis, Councilman R. D. Drummond, Councilman (arriving late) Also present: William D. Campbell, City Attorney. Mayor Booker called the meeting to order at 7:30 P.M. The in- vocation was given by Councilman Knox. The minutes of the last regular meeting were approved as read. Ordinance No. 161-53: Mayor Booker announced that this public ® hearing was open and invited anyone in the audience to speak or ask questions. Discussion among the Councilmen followed about the procedure for obtaining a permit. Mr. Corbett Emery in the audience informed the Council as to the fee charged by Grapevine. Councilman Knox moved that Ordinance No. 161-53 be passed and approved amending Ordinance No. 161 regulating alcoholic bever- ages, providing the application fee to be the same as the cur- rent zoning application fee in effech:and $200 for the permit annually; seconded by Councilman Nunn. Motion passed unanimously. (Said Ordinance attached hereto and made a part hereof.) Fire Department report was made by Chief R. P. Steele who ex- plained about the gasoline wash-down shown on said repott. He told the Council that the training classes were accomplishing a lot of good. Discussion then followed on setting priorities on purchases of necessary fire equipment. (Said report attached.) Water Department report was made by Supt. W. G. Cline who ad- vised the Council the dragons were now painted on the tank and all projects are moving along as well as possible. Police Department report was turned in by Chief D. R. Hughes. He pointed out that-auto accidents were on the decline. The Council instructed him to obtain bids on patrol cars and to advertise same. (Report attached.) i a Resolution No. 73-27: calling for payment of Partial Estimate to Chicago Bridge & Iron Company was unanimously passed and approved on motion by Councilman Knox; seconded by Councilman Davis. (Said Resolution being attached hereto and made a part hereof.) Planning & Zoning Commission recommended approval for F District zoning as requested in ZA-73-8 on land owned by James Turner Com- pany. The public hearing was set for November 6th at 7:30 P.M. NCTCOG meeting on developing compatible land uses for communities affected by the Dallas/Fort Worth Airport was given by the City Secretary. The Council advised that NCTCOG be informed of South- lake's interest in participating and having representation on the committee to be set up for the Airport Vicinity Land Use Plan. Mayor Booker asked that a motion be made granting pay raises to the City's employees in accordance with the new Budget and to be effective October 1st. So moved by Councilman Drummond; seconded by Councilman Tetrault. Motion passed unanimously. The City Attorney was directed to prepare an amendment to the ordinance creating the Planning & Zoning Commission changing its members to seven on motion by Councilman Knox; seconded by Councilman Nunn. Motion passed unanimously. The bills presented were approved for payment on motion by Councilman Knox; seconded by Councilman Tetrault. Motion passed unanimously. Ordinance No. 202, rescinding Ordinance No. 194, was unanimously passed and approved on motion by Councilman Knox; seconded by Councilman Nunn. (Ordinance No. 202 attached hereto and made a part hereof.) Resolution No. 73-28: calling for a judgment to be entered in Cause No. 17--F51 - filed on behalf of the City of Southlake in the 17th District Court of Tarrant County, Texas, entitled "City of Southlake vs. City of Grapevine", was passed and ap- proved on motion by Councilman Nunn; seconded by Councilman Knox. Voting "For" - Councilmen Nunn, Knox, Tetrault and Davis; opposed - Councilman Drummond. Motion carried. (Resolution No. 73-28 attached hereto and made a part hereof.) Resolution No. 73-29: calling for contractual janitor service as provided in the-1973-74 Budget was unanimously passed and approved on motion by Councilman Knpx; seconded by Councilman Davis. (Said Resolution attached hereto and made a part hereof.) The Council authorized Chief of Police D. R. Hughes to close White Chapel Boulevard from Southlake Boulevard to Highland Street to through traffic during the period of time the 12" Council Mt a. 10/2/73-Page 2 77- 162 ® water main is being laid. Resolution No. 73-30: authorized the Mayor to enter into a planning services contract under the 701 Comprehensive' Planning Program was unaeimously passed and approved on motion by Councilman Knox; seconded by Councilman Davis. (Said Resolution being attached hereto and made a part hereoff) The City Attorney advised the Council of the status of the VanLandingham matter. There bung no further business, the meeting adjourned. Mayor ATTTESS~T : City Secretary Council Mtg. 10/2/7 - Page 3. CITY Of SBNTHLAXE IN THE DISTRICT COURT ` yrs. TARRANT COUNTY,, TEXAS CITY Of GRAPEVINE 17TH 4UDICYAL DISTRICT On the, of October, 1973, cacao on to be heard the above styled C&vsat acrd tam# the parties by and through their attorneys of record; so ,err having been dwanded, the matters of fact as w *It as of law were presented to the Courts and the Court, after hearing evidence, including exhibits roflatetinp a division of the overlapping extraterritorial jurisditttoa -_between the City of Soutbloke, Texas and the City of Grapevine, T**as* the Court finds. that there is overlapping extraterritorial or isditt,lan bats the -*w6 said municipal corporations cad that a fair and equitable apportionment of such extraterritorial jurlA diction is found to exist as described further in this Judgment and as presented by the partios through said exhibits; that all prior annexations by either party involving any portion of the property hereinafter made the exclusive extraterritorial jurisdittiou of the opposite party should be void effective the data of this Judgment; It is therefore ONIERED, Ath?h'# OED AND DECREER that the City of hs Southlake, Texas shall have as it's exclusive extraterritorial jarlsdictional area the following area. (l) That area of land in Tarrant County, Texas Nest of the beginning point of the field notes contained in Exhibit *A* attacked hereto and made a part hereof and also being North of the North right-of-way lieu of State Highway 121 and such area North and Nest of said point extending in a Southwesterly direction from the said b"i-ent" tat described in Exhibit *A* along the North right-of-way line of State Highway 121 to a point one mile Southwest in that North right-of-way line of State Highway 121, awrbiab point is one mile Southwest beyond the center line of the intersection of Big Bear Crook with the worth ri Dbt-of-wray lint of State Mi Dhwraiy 121; &Ad, (8) all the am of land Watt of the boundary line dtleriblad by mates and bounds in the field notes attaeb*4 hereto as Exhibit •A". It is forthtr ORDERED, ADJUDGED AND OE ED that the City of Brapovfnae, Texas, shall have aaE It's exclusive extraterritorial " jurisdictional area the following areas (1) That area of laved in Tarrant Coauotyo Taexa Nest of the field g notaa $ eontaintd in Exhibit *A* attached hereto and aaawade s part hereof and also being South of that North ri gbt-of-way line of State Ri ghway IZI and such great South and West of said point extending in a Southwesterly dir#etion froo the said begiaaaaaaaing point described in Exhibit "A* above along that North right•of-woy Ilaaae of 'Mate Highway 121 to a poiaet one silo Southwest in the North right-of-way line of State Highway 1210 which paint is ona silo Southwest beyond the coaaterline of the intersection of Big Bear Creak with that North right-of-way line of State Highway 121; and (2) all the area of land East of tho boundary line described by mates and bounds in the field notes attaebod be** vat Exhibit *A* It is further QRAE.RED,, AD-JU04C 1 AND DECREED that any prior annexations of area by the City of Southl4k#o Texas, covering any of the area granted in this judgment to the City of Qropaeviaee as *xel us i ve extraterritorial jurisdiction is hereby dtcl,or*d void effective as of the date of this judgmen ; it is further ORDERED, ADJUDGED AND DECREED that any prior annexations of or*& by the City of Draperin*, Tax" -govering any of the area granted in this jaadgo*nt to the City of SereWato as exclusive a extrht+erOltortb1 jurisdiction is hereby daeelored void 1 effective as of the date of this judsmont; I r` i It is fartoer ORDERED that costs of court ar* taxad against tta city of Soatblak k# Texas, with any saraaylag *XP0*ses in coaaettion with tho pragarstioa of Exhibit "A" portion of this jvd u*at Weg taaod sgaiast tha City of Bra *vino, Taxas, for III of which lot ox0eutioe is$$*. SIGNED this - AaP of Odtobar 1973, T+ mot Co, Ttxos APP ROVE a i V11 i 1,410 V* G Att+ary fa»i t1► of toothl ake II AttOraey~for City of 4r##exiao E, STATE Of TUAS, by aad t4ro gh district Attorney of Tsrraot toaaty Teaos. . l ,4 r n a • to ~._..a.. ;.8 3- 3 F Field notes describing all~llr line between the Cities of Grapevine and Southlake, Tarrant County, Texas, said line f representing a line between the two said cities; Described as follows 1 r Beginning at a point in the North R.O.W.,line of State Highway i No. 121, the same being the Northeast comer of a tract of land conveyed by Robert Fugene Tibbits and wife, Helen Elizabeth Tibbits to William R. McKee by deed dated 8-31-53, fried far record 9-12-53 in Volume 2612, Page 307, Deed Records of Tarrant County, Texas, the same point also being the most southerly southeast corner-of a tract of land conveyed by William R. McKee to Matalee S. Webster by deed dated 12-16-60, filed for record E in Volume 3738, Page 157, Ueed Records of Tarrant County, Texas; THENCE, Westerly along the common property line of the said „ McKee and Webster tracts a distance of 1,506 feet more or less- to the Northwest corner of the said McKee tract, the same point being the Southwest corner of the said Webster tract, said point being in the East line of the C. B. McDonald Survey, A Abstract 1013 ONCE, Northerly along the said''east line of the said McDonald ~r - Survey line, the same being the west line of the said Webster ,e tract, a distance of 1,550 feet more or less to the northeast corner of the said McDonald Survey, the same being the North- west corner of the said Webster tract; THENCE', Easterly along, the north !proerty line 'of the said Webster tract, the same being along a portion of the south line of a 33 acre tract as recorded ire' Volume` 3934, Page '184, Deed 1 Records of T&rrant County 'and dated 12-16-60, at 645, feet more si or less the southeast corner of, the said 33 acre tract, the same being the southwest corner of x:54.88 acre tract as re- corded in Volume 4737, Page 654, deed records of Tarrant Exhibit "A" Cause No. 17-8539-7 ' 17th' District Court Tarrant County, Texas a County, continuing along the south line of said 54.88 acre 14 r tract, at 1827 feet more or less, the southeast corner of } said 54.88 acre tract, the same being the southwest corner of a 46.867 acre tract of land as recorded in Volume 4400, Page i 80, deed records of Tarrant County, Texas, in all 2,421 feet more or less to the southeast corner of the said 46.867 acre tract; THENCE, Northerly along the east line of said 46.867 acre tract, the same being the:most easterly west line of a tract p• . of land conveyed to Grapevine Properties Venture by-deed re- corded in Volume 4890, Page 866, deed records of Tarrant County, Texas, a distance of 1650 feet more or less to the most northerly AW, t northwest corner of said Grapevine Properties Venture tract; r THENCE, easterly along the north line of said Grapevine Properties Venture tract at 933 feet more or less, the ntheast ~ corner of said Grapevine Properties tract, crossing the R.O.W. of State Highway 114, as it stands this date, in all 1350 feet ; more or less to a point in the east R.O.W. line oi°said State Highway No. 114, as it stands this date; THENCE,.in a northwesterly direction along, the said east R.O.W. line of State Highway 114 at approximately 600 ft. Crossing A the east line of.the'Thomas Easter Survey, Abstract 474, and continuing northwesterly along the said Highway R.b.W,: and f curving to the right to the intersection of the said State' Highway R.O.W. with the East line of the Thomas Easter Survey, ~A Abstract 458; w THENCE,. North along; the said east line of the 1hompts Easter r Survey 560, feet:mare''or less-to its intersection with the City Limits line ;of the -Cities of Southlake and Grapevine, Texas, said City limits line being parallel with and approximately 300 feet north of said State Highway 114 as it stood September ZS, 1956. i Page 2 Cause No. 17-8539-71 17th District Court Exhibit *A.".. Tarrant County,Texas T A N / THENCE, Northwesterly along the said City Limits line to its i intersection with Jones Branch. THENCE,Northerly along with the meanderings of the said Jones Branch to its intersection with the south property line of a tract of land referred to as second tract in a deed to Feeney.D. Fry and wife Frances Fry as recorded in Volume 2283, Page 5920 Tarrant County Deed Records; THENCE, westerly along the south line of the, said tract 2 to its southwest corner, said corner being in the eas line of the a Samuel'Freeman Survey, Abstract 525; A THENCE, North along the west line of said tract 2 approximately ' 1320 feet to its northwest corner; a. + THENCE, east along the north line of said tract 2 to its inter- section with the centerline of Jones Branch; THENCE, Northerly along and with the meanderings of the said ' centerline of Jones Branch to its intersection with a line pro- jected due east from the northeast corner of the Samuel Freeman Survey, Abstract 525; . THENCE, west along the said projected line to the northeast corner of the Samuel Freeman Survey, Abstract 525; THENCE, continuing west along the north line of.the said Freeman Survey to its northwest corner, the same being the Southwest corner of the F. Wood Survey, Abstract 688; and same being in the center line of Kimball Road. THENCE, North along the west line of the said F. Woad Survey, to the Southwest corner of a tract of land owned' by .jimmy M. Messina as recorded.in Volume 38309 Page 381, Tarrant County deed records; r THENCE, east.along and with the south line of the said Jimmy Messina tract to its intersection with the West line of a U.S. Government r road,the same being the southeast corner of said Jimmy Messina prop*& I . Exhibit "A Cause No. 17-8539-71 17th District Court. Page Tarrant County,Texas . ...w:q ..rggpcpy,.!i.'gpJn9 +we•aaTTk'^~P^+.wwNlwowFSwMk .neslinn, `^tro+ .._~.~.►w,s~+a5+.• 1.:.' THEM=$ west 169 feet to the southeast corner of said Cate .37 % cre tract; a TM UKZg north 95 feet to the northeast corner-of said Cate tract; THENCE, west 169 feet to the northwest corner of said Cate tract; t the same being in the east line of the N. E. Thompson Survey; E ,r THENCE, north along the said east line of the N. E. Thompson Survey, ' passing the Northeast corner of said N. E. Thompson Survey and continuing due north and along the centerline of County Road 3061 ' to intersect with a line projected west from the southwest corner of a tract of land deeded to Carl Winfred Rickett and wife Mary Elizabeth Rickett as recorded in Volume 4177 P age 181, Tarrant County Deed Records; THENCE, east along said projected line to the said southwest corner ~f said Rickett tract;, » THENCE, east along the south line of the said Rickett tract 367 feet more or less to the southeast corner of said tract, the same being the southwest corner of a tract of land deeded to Frank L. Kennel and wife Freda Kennel and Joe Kennel as recorded in Volume 4251, r Page 1650 Tarrant County Deed Records; THENCE, east along the south line of said Kennel tract 415 feet more or less to the southeast corner of said Kennel tract; THENCE, north 265 feet more or less to the northeast corner of-said Kennel tract, said point being.in the east line of the John Childress Survey, Abstxuct 2$41 ENCE, continuing riorth along the said l east ;line of the John Childress Survey tQ its intersection with the Tarrant, Denton County . . line; THENCE, continuing due north to the'north`shore of Grapevine Lak*p . a , i Exhibit "A" Cause''No.i1-8539-71 17th DisteictGourt Page 5 Tarrant County,Texts # rte' ilA. 16 i; a THENCE, northwesterly along the west line of said Gove rnment road same being the east line of said Jimmy Messina tract to the north. east corner of said Jimmy Messina tract; * THENCE best, passing the northeast corner of the Francis Troop. Survey Abstract 1511 and continuing west along the north line of said Troop Survey, passing the most northerly southwest corner of the G. B. Chancellor Survey, Abstract 390 to the Southwest corner AN of the L. Lincoln Survey, Abstract 981, the same being the center. line of County Road 3061, which is sometimes called Dove Loop; T1:1ENCEt North along the said West line of the,L. Lincoln Survey to the southwest corner of 'a one acre tract of land,deeded to Robert Lee.Norman and wife, Shirley D. Norman as recorded in Volume 42589 R Page 165, Tarrant County Deed Records; THENCE, east along the south line of the said oneacre Norman tract E 460 feet to its southeast corner; THENCE, North 95 feet to the northeast corner of said one acre Norman Tract; ~r THENCE, West 460 feet to the northwest corner of the said Norman tract, the same being in the said west line of the L. Lincoln.Survey; THENCE, North along the said west line of the L. Lincoln Survey, to the southwest corner of tract 1 as in a► deed to Louie G. Monroe, et ux Jean Monroe as recorded in Volume 3975 Page 93, Tarrant County I Deed Records; w THENCE, east 325' feet to the southeast corner 'of tract '2 :as in said . ~E deed to Louie G. Monroe and et ux Jean Monroe. M THENCE, north 138,.1 feet to the northeast'corner of said, tract, 2;' THENCE, west 3;5 feet to the northwest corner of: said tract 29 the same being in the nest Line of the said L. Lincoln; Suxjvey and ih* east It =6 of the N. E.° Th oiVson . Survey, Abstract 156,3. F~ THENCE, north-along .the .said west line'pf the L. Lincoln! Survey to the southwest corner'of a .37 acre tract of'land deeded.to Freddie Lee Cate and wife Glenda Cate as recorded in. Volume 41730 Page 9 Tarrant County Deed Records. Exhibit .A Cause,No. 17-8539=71 ` 17th District Court Tarrant County, Texas +I~i Page 4 r ORDINANCE NO. 202 AN ORDINANCE RESCINDING ORDINANCE NO. 194 OF THE CITY OF SOUTHLAKE, TEXAS; AND VACATING THE NUMBER "194" IN THE ORDINANCE BOOK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE, TEXAS, THAT: Section 1: Ordinance No. 194, passed and approved by the City il of the City of Southlake, Texas, at a regular meeting held on the 16th day of January, 1973, for the pur- pose of reaching an agreement with the City of Grapevine regarding future annexations of land lying between the said City of Grapevine and the City of Southlake, is hereby rescinded and the number "194" vacated in the Book of Ordinances of the City of Southlake. Section 2: Said Ordinance was never filed for record. Section 3: This Ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 2nd day of ctober A.D. 1973. Mayor ATTEST: Clty Secretary LV ORDINANCE NO. 161- AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE CITY OF SOUTHLAKE, TEXAS, BY ADDING PARAGRAPH 4 TO'SECTION VII-SUPPLEMENTARY DISTRICT REGULATIONS "ALCOHOLIC BEVERAGES SPECIFIC USE PERMIT"; AN ORDINANCE REGULATING THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR SUCH USES TO BE PERMITTED ONLY ON PROPERTY DESCRIBED IN A "SP" SPECIFIC USE PERMIT; EXEMPTING SUCH USES WHEN ON RESIDENTIAL PROPERTY UNDER CERTAIN SPECIFIC CONDITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 161 of the City of Southlake, Texas is hereby amended by including the following as paragraph 4. of Section VII. "Supplementary District Regulations": "4. Alcoholic Beverages- "SP" Specific Use Permit (a)Not withstanding any provisions of any ordinance currently in effect in the City of Southlake, Texas, the storage, sale, possession or serving of any alcoholic beverages when permitted by the laws of the State of Texas, shall be regulated as provided herein inside the corporate limits of the City of Southlake, Texas. (b). The storage, possession, sale or serving of alcoholic beverages by anyone within the corporate limits of Southlake,Texas shall be illegal unless such storage, possession, sale or serving is on property for which a specific use permit has been issued under this ordinance. (c). This ordinance shall not apply to the premises being used only as "residential" when the storage or serving of alcoholic beverages is strictly for the consumption of the occupants of the premises and his or her guests at no charge to said guests. (d). Except as specifically described in subparagraph (c). above, the storage, possession, sale or serving of alcoholic beverages on"prohibited zoned property"hereinafter described shall be illegal and a specific use permit shall not be granted therefor whether the storage, possession, sale or serving thereof is for consumption by anyone either on or off the premises. Such "prohibited zoned property"heretofore mentioned in this subparagraph (d) is property zoned "AG" Agricultural District, "A-1" One-Family District, "A-2" One-Family District, "A-3" One Family District, "A-6" Two Family District, and "A-10" Multi-Family District, as set forth in said Ordinance 161. (e). Anyone desiring a specific use permit in connection with alcoholic beverages on land zoned other than prohibited zoning as set forth in subparagraph (d) above shall make written application for a specific use permit and file the same with the City Secretary. Such application shall give the name of the owner of the property and shall be signed by such owner and give the name, address of the owner and the legal description of the property. Such application shall further state the type of permit or permits, as- defined by the Texas Liquor Control Act of the State of Texas which the applicant is requesting from the Texas Liquor Control Board and under which the applicant proposes to use such property in connection with alcoholic beverages. Such application shall contain such further information as the City Council may require from time to time by resolution. If,actual operat Q/Q of alcoholic beverage use is a different person than the owner of ,the property involved, both the owner and the agent or Lessee of the owner who will be actually operating the alcoholic beverage use shall sign said application. (f). Public hearings, notices, recommendations by the Planning and Zoning Commission and final action by the City Council shall be conducted under procedures heretofore provided otherwise in connection with other applications to change zoning in this said Ordinance 161 except that the filing fee for each application shall be the sum of $ 15 .paid at the time 0 of filing and if such permit is.granted a permit fee of $ ri- per annum shall be due at the time of issuance of said permit. If said permit is renewed by the date of its expiration without a new application and public hearings then only the annual permit fee shall be due at the time of each renewal. The City Council shall have the right to require new applications and hearings on any renewal of such specific use permit solely at the discretion of the City Council upon written notice mailed to the address of the premises named in such permit not later than 20 days prior to the expiration date of the permit. Said old permit shall continue in effect during the normal time period for public hearings and action by the City Council on the renewal application providing applicant files the application prior to the expiration date of the old permit. (g). A specific use permit, if granted by the City Council, shall be for such period of time as set forth in said permit, not to exceed one year, and under the terms and conditions designated in said specific use permit and it is further provided that such specific use permit is not a permanent zoning of said land but is merely a specific use permit on such property subject to revocation as reasonably provided for in said permit. The following acts shall be grounds for revocation of a permit whether specifically stated. in the permit or not: (1) Violation of any Alcoholic Beverage Law of the State of Texas, (2) Violation of any health law of the City of Southlake, Texas, Tarrant County, or the State of Texas, or, (3) the maintenance of any public nuisance as defined in the judicial opinions of the courts of the State of Texas. (k~). Any such specific use permit issued shall be issued personally in. the name of the operators of the alcoholic beverage use and shall not be assignable, transferrable or negotiable in any manner and shall automatically be void and of no effect if such alcoholic beverage use is operated by anyone other than the person named in said permit. (i). Any person violating or failing to comply with any provision of this ordinance shall be fined upon conviction, not less than $1.00 nor more than $200.00 and each day any violation of non-compliance conditions continues shall constitute a separate offense. (j). The word "person" as used in this ordinance shall include individual persons who have been a citizen of Texas for a period of at least one year immediately preceding the filing of the permit application as well as partnerships, corporations, and other business firms so long as the partnership or other business firm is composed wholly of persons who have been citizens of Texas for over one year immediately preceding the filing of said application an V ik.the ease of corporations, corporations whose stock is owned at least to the. extent of 51% by persons possessing at least one year citizenry qualification. W. It is hereby declared to be the intention of the City Council of the City of Southlake, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. (1). The said Ordinance 161, except as amended by prior amendments and this Ordinance No. 161-J"-3 remains in effect in all--other respects as originally passed. (m). In view of the recent alcoholic beverage election and the decision of the City Council of the City of Southlake, Texas that its present zoning ordinances and regulations are inadequate to properly safeguard the health, morals, peace and general welfare of the citizens of the City of Southlake, Texas in connection with alcoholic beverage uses creates an emergency for the immediate preservation of public business, property, health, r;afety-and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and publication and it is accordingly so ordained, PASSED this ( day of CC f", 1973. or ATTEST: CRy Secretary APPROVED AS TO FORM: r 4Y i®rney - 16 Oct. 2, 1973 0o: Honorable Mayor and City Councilmen subject: Fire Department Report for September, 1973 Emergency Responses Aircraft Crash I Automobile Accidents----------------------------------------------3 Automobile Fire I emergency run to a hospital----(Football injury)------------------I ,;rass Fires------ I Wash Down (Gasolene Spill)------------------------I Total , Responses 8 Tot,alttime spent on emergency responses-------------------------- 98man/hours Civic Work F►rst-Aid standby at football games-------------------------------5 Count of time spent on the above 63man/houre RPProx. amount of time spent working .{dame parking lots 50man/hours Total time spent on Civic Work Tl3man/hours Department Work a,.zcar of special training classes------------------------------- 3 rota]. time spent attending classes--(average 17 men per class) --I 14man/hours Nu.xber of men attend ng Dept. meetings--(average per meeting)----I7 ;'o tal time spent on kain'r, work by the kaint. officer and men----73.5man/hour6 Total time spent on Department Work this month 217.Sman/ilours Approximate number of man/hours spent by this Dept. in Sept.---428.5 Total Additional Notes (I) The hose bed on the pumper Lao been modified and an expandable foam unit I is being added to give us a better 'ange of capabilities at emergencies. (2) The special training classes are being taught by the Tarrent County I 0 Pire itghters Association training officer, Jay Heard. It consists of a fifteen hour course of classes and field training. I Y I .Men responding to emergency calla for the month, Senior Fire Fighters: Chief Steele----------7 Armstrong D.'----3 Asst. Chief Joyce-----2 Chilf J--,-------I Fire Marshall Weddle--5 Garrett W- -2 Captain Clifton-------5 Hughes D 2 Captain Dodson--------0 Kinchen E------- I i Lieut. Chelf---------- I Polson R--------3 kaint. Off'. Schirman--7 Record E--------2 Rescue Off.,Schneider-7 Shelton J.------5 Swinney J-------6 Junior Fire Fighters; l , Lieut. Clifton--------2 AndreTs J---------- 6 Polson J-------------- I Steele R.=------------3 Stevens Be------------I Respectfully submitted, He F. Steele, Fire Chief 166 October 1, 1973 Honorable Mayor and City Council: Police Department report for the month of September, 1973 Tickets issued in August 191 Tickets issued in September 157 Fines written in September $39658.50 Fines paid in September 3,501.50 Fines Paid by Highway Patrol 32.50 Persons in jail in August 37 Persons in jail in September 23 Traffic Accidents in August 10 Traffic accidents in September 12 ' Burglaries investigated in August 0 Burglaries investigated in September 2 Approx. total value taken in burglaries in September $137.00 t Approx. total value recovered in burglaries in Sept. 137.00 Thefts investigated in August 2 ' Thefts investigated in September 3 Approx. total value taken in thefts in Sept. $1030.00 ® Approx. total value recovered in thefts in Sept. 445.00 ' Number of calls in August 153 Number of Calls in September 179 Miles driven in August 11,205 ' Miles driven in September 10,310 Speedometer reading on Unit #3 (73 Ford) 519205 , Speedometer reading on Unit #4 (72 Ford) 118,790 Respectfully submitted ' Dou as Hughes, Chief Southlake Police Department t DH/jd 167 i i RESOLUTION NO. 73-27 WHEREAS, the City Council of the City of Southlake, Texas, contracted for the con- struction of an overhead water storage tank j with Chicago Bridge & Iron Company on the 20th day of Febr.ry, 1973; And, WHEREAS, Partial Estimate #4 has been presented for payment at this time; And, i WHEREAS, Gerald Lemons, engineer with the City's consultant firm of Carter & Burgess, Inc., has recommended that such payment in j the amount of $7,250.00 be made; Now, I I THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1. The Mayor is hereby authorized to make payment to Chicago Bridge & Iron Company on Partial Estimate #4 in the amount of $7,250.00. 2. The funds for such payment are to be taken from the Bond Funds set aside for this purpose. PASSED AND APPROVED this 2nd day of October, 1973. Mayor ATTEST: City Secretary OP w CITY OF SOUTHLAKE, TEXAS PLANNING & ZONING COMMISSION October 2, 1973 TO THE HON. MAYOR AND CITY COUNCIL: At a regular meeting of the Planning & Zoning Commission held September 25, 1973, it was unanimously approved to recommend a change in zoning from Ag District to F District as requested by James Turner Company, Inc., on two acres of land, more or less, owned by said company and described by metes and bounds in ZA-73-8. Present for the Commission: R. W. Mussina, Chairman Lloyd Wolf, Secretary Manuel Gonzalez Gayl Hargadine C.M.Gordon (arriving late) i I 1 RESOLUTION NO. 73-28 WHEREAS, the City of Southlake filed a lawsuit against the City of Grapevine in the 17th District Court of Tarrant County, Texas, entitled Cause No. 17- 8539-71; And, WHEREAS, the petition filed on behalf of the City of Southlake alleged im- proper annexation attempts by the City of Grapevine; And, WHEREAS, the City of Southlake and the City of Grapevine have reached an agree- ment prior to a trial of said Cause; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. A judgment be entered on behalf of the City of Southlake, Texas, in Cause No. 17-8539-71, in the 17th District Court of Tarrant County, Texas, a copy of which is attached hereto as "Exhibit A". PASSED AND APPROVED this 2nd day of October, A. D. 1973. 6al~c xeez;~_~ Mayor ATTEST: City Secretary 170 i RESOLUTION NO. 73-29 AREAS, the City Council of the City of Southlake, Texas, deems it necessary to j have the city offices maintained in a clean and healthful condition; And, WHEREAS, provision for janitorial services have been made in the 1973-74 Budget; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUT$LAKE, TEXAS: 1. The Mayor is hereby authorized to,contract for janitorial i services with the Washington Janitor Service. 2. Such service is to be performed once a week and payment for same is $25.00 per week. J 3. The costs for such services are to be paid out of the General Fund as provided in the 1973-74 Budget. PASSED AND APPROVED this 2nd day of October, A. D. 1973. Mayor ATTEST: City Secretary a~~~4%"'e'llG Al MUM. JUMS-16M Mrs. *Rll&Ce Datasz J"q 1, 1 qT~ P.0 BM "t Siu ato Tomas 76051 deb: Soati1aim City Ball I hereby u4bait speelt cat eft and ostimato o for janitorial sorv so of bailf Ls fed abo e , : . , _ Sorvico is to be pat orid" an f 1) day per waft e. Once por wook *le" algid m fI~* std restates Ali 3abo1+, cleaning supplies and equip ast naeesdar" is party abowo work', sill be f steed bf WAS11110TON JANITOR SUVTCTs. WE PROPOSE id! furnish labor and material = complete in'adcoidance 44& abo4'ispecincations, and subject to condltid it'Ydund on both sides' of this agreement, for the sum of: hti~nty--f J re and MVMS lker~ weak dollars AS+as 1 ,aymennt made as follows: I ACCEPTED. The above prkes specifications and. conditions are satisfac• RespectfuNy submitted, tory - and are hereby accepted. You are authorized to do Me work as specified. Payment wiH,be made as outlined above. {Read reverse side). - WASHMIMMOMS"M I Date of Acceptance -3 By r, ' B I 66 , y I By-Mayo '-T-F.'ity--of geut-ha ke ►rob:7nb wopeeal M" 6 aMWre"ft ua it. not accepW winwt_ darn. A