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1969-08-05 64 !..0 A REGULAR, MKHTING OF THS CITY COUNCIL ' AUGUST S, 1969 a I'!`IN I. Ji*ay J. Walker - Trailer Request IT19X It. Fire Department Report ITRX III. Test A Country Sanitary Service ITIN IV. Petition# for Annexation ' ITEM V. Police Department Report ITEM OF BUSINESS NOT ON AGENDA: COG contract of Carter-Burge ' MINUTES OF THE 135 PUBLIC HEARING JULY 159 1969 ' The meeting was called to order at 7:30 P.M. by Mayor J. L. Clow in the City Hall of Southlake, Texas. Pre- sent for the Council: J. L. Clow, J. D. Cate, Jr., M. J. O'Brien, Wade Booker and Buddy Brown. Present for the Commission: Manuel Gonzales. ' ZA-69-14: A request for F District Light Industrial zoning submitted by Mrs. D. B. Gilbreath. At a public meeting of the Planning & Zoning Commission on June 10, 1969, it was recommended to the City Council that the request be granted on a temporary five year basis after which time to revert to its present status, i.e., Agri- ' culture/ or to revert to its present status if the property_;should be sold within the five year period or a lease to a cabinet shop should expire or be revoked. Following discussion, Mayor Clow pointed out that the zoning ordinance, No. 161, does not make ' provision for temporary zoning. WHEREUPON Councilman O'Brien otion to change ' the zoning from Agriculture to "F" District Light Industrial on the property owned by Mrs. D. B. Gilbreath, being a four acre out of five acres known ' as Lot 1-E of the W. E. Mayfield Subdivision out of the Thomas Easter Survey, the one acre not included in this zoning change being the southeast corner of ' said Lot l-E, approximately 209' X 209' as per attached plat; seconded by Councilman Booker. Carried unanimously. ' Meeting adjourned. J. L. Clow, Mayor ATTEST: City of Southaake, Texas APPROVED 3' _ By City Council Action ' Aliceanne Wallace City Secretary Ordinance No.~-~ City Secretary 7 FV 72 30 ~,yi no o O ' /dpi"/ Off/ zoo T,a," ar ~'rr >'e~+ Sarrcr aj 20~ ' jt o v .o ~t.. M / dre~Q 1 t. /d/ZO~Gie T Y 7ArXVS CITY CP SOLMILANE ' t~ Aate G~ /6 rl ox" Of city sezre•ary 65 REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 1969 r The City Council of the City of Southlake, Texas met in regular session in the Council Chamber of City Hall on Tuesday, August 5, 1969, with the following members present: J. L. Clow, Mayor Thurman Hearn, Mayor Pro Tem J. D. Cate, Jr., Councilman M. J. O'Brien, Councilman t William B. Brown, Councilman Wade Booker, Councilman Mayor Clow called the meeting to order at 7:30 P.M. The minutes of the last meeting were approved as read. Fire Department: Chief Bob Steele • gave the monthly report (a copy is attached hereto). A letter of thanks from Mr. and Mrs. T. J. McHale was read and their donation of $10 accepted. Mayor Clow informed the Council of Mr. Babe Anderson's resignation as Fire Marshall and recommended ' Mr. Allen Roach for the post. The motion was made by Councilman Booker that Allen Roach be appointed Fire Marshall; seconded by Councilman Brown. Motion carried unanimously. Jimmy Walker-Trailer Request: 5803 Posey Lane, Fort Worth, Texas 76117. Mr. Walker asked the Council to allow him to reside in his trailer on his property until such time as his house is built. Mayor Clow informed him there is no ' provision for this under the present ordinance. Because of the absence of the city attorney, Mr. Glenn Goodnight, no action was taken. Town & Country Sanitary Service: Following discussion of an outline of service proposed by Mr. Roberts, Mayor Clow ' advised that the Council would study the pre-proposal and then draw up an agreement to allow this company to begin 10 business at such time as said agreement is worked outnto the satisfaction of the Council. 66 Petitions for Annexations: The petitions for annexation to the City of Southlake from M. A. Millican and L. G. Monroe were presented. Councilman Hearn made the motion to accept said petitions subject to approval pro forma by the City Attorney; seconded by Councilman O'Brien. The motion carried unanimously. (Copies attached hereto and made a part hereof.) Carter & Burgess Scope of Planning Contract: The Council un- animously agreed to consider said contract upon the motion made by Councilman Hearn and seconded by Councilman Booker. Whereupon, Councilman Hearn then moved that the contract be accepted by the City of Southlake, authorizing Mayor Clow, the City Secretary and the City Attorney to sign same; seconded by Councilman Booker. (Copy of contract attached.) For the motion: Councilmen Hearn, Cate, Brown and Booker. Against the motion: None. Abstaining from the vote: Councilman O'Brien. Police Department: The monthly report was submitted by Chief Ince (copy attached hereto). Discussion was had re- garding lowering of speed zones along State Highway 114 from White Chapel Road to the eastern city limits to 50 m.p.h. and FM 1709 from Pearson Lane to its intersection with SH 114 to 45 m.p.h. A letter is to bo written to the Texas Highway Department in Austin requesting such changes , be made. Mr. Fred Joyce requested the Council to let him know whether ' 0. or not a certain piece of property may be served water by a private corporation. The Council ad"sed an answer would be given by the following Tuesday (August 12th). Mr. Max Hinds asked and received instructions on how to make a request for zoning change. a There being no further business, the meeting adjourned. J. Clow, Mayor ATTEST: Aliceanne Wallace • City Secretary I =L_ T7 67 I` i TO THE CITY OF SOUTM AKBs TEXAS I To the Honorable Mayor and Members of the City Council of the City of Southlake, Texas, GREETINGS: We, the undersigned, M&rk Anil Millican at ux Louise Barclay Millican, of Tarrant County, Texas, hereinafter called Petitioner, represent as follows: ' 1. That they are the owners of a tract of land out of the H. Medlin Surve Abstract No. 1038, which is described as follows: BEGINNING at a Y, point 61 wares West of the Northwest corner of the E. E. Higgins 30 acre tract, said beginning point being the Northeast corner of a 10 acre tract of land, which was given and granted unto Louise Barclay, Mary Elizabeth Barclay and John Robert Barclay, minors, and their mother, Mrs. Sylvia Barclay, in Cause No. 32340-A, styled Rome Dryden vs. Ollin Barclay, ' at al, in the 17th District Court of Tarrant County, Texas, and said beginning point being in the center of a county road; THENCE West along center of county road 56.5 verse; THENCE South 224.8 varies being the South line of said 10 acre tract; THENCE East 56.5 ' varas being the East line of said 10 acre tract; THENCE North 224.8 varas to place of beginning containing 2.1 acres of land SAVE AND EXCEPT that part of said tract being 1.0 acres of land out of the Hail Medlin Survey, Abstract No. 10381, in Tarrant County, Texas, being more particularly described as follows: BEGINNING at a pipe 345.82 feet I South O degrees 14 -'mutes West of the Northeast corner of the 2.2 acre tract as shown in Volume 2924, Page 184, Deed Records, grant County, Taxes; THENCE West 156.4 feet a pipe in the West line of said tract and in the East line of Tract 1, in ' a deed recorded in Volume 4018, Page 602, Deed Records of Tarrant County, Texas; THENCE South 0 degrees 14 minutes West with the East line of said tract and fence line 186.41 feet the Southeast corner of Tract 3 in said deed, in all 278.52 feet a I pipe the Southwest corner of said Millican tract; THENCE West with the South line of said tract 156.4 feet a pipe, the Southeast corner of said tract; THB North 0 degrees 14 minutes West with the East line of said tract 278.52 feet to the place of beginning A plat of said land showing its location with respect to the boundary of the City of Southlake, Texas, is attached hereto marked EXHIBIT "A". I 2. That the land described in EXHIBIT "A" hereto attached is less than one- half mile in width; that less than three qualified voters reside thereon, and is contiguous and adjacent to the City of Southlake, Texas. 3. Your petitioner agrees that if this request for annexation be granted, said land shall become a part of the City of Southlake, Texas, and the said land and any future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of the City of Southlake, and shall be bound by the acts and ordi- nances of said City now in effect and as hereafter enacted. ' WHEREFORE, your petitioner respectfully requests that this Petition for Annexation to the City of Southlake, of the land described in attached Exhibit be granted. • WITNESS the signature of petitioner duly acknowledged as required for deeds. ' Mark Anil Millican __L=11440 Amy am STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE Ms the undersigned authority, on this day personally appeared MWAMIL MILLICAN and IMISE BARCLAY MILLItAN, known to me to be the persons whose names 'are subscribed to a* foregoing instrument, and acknowledged to no that they executed the same for the purpor '*nd consideration therein exprissed. GIFEN ureda:c v,y vind and seal of office on this the day of July, A.D. 1969. ' Notary Public, Tarr County, Texas nwi& 'yha 68 To THE CITY OF SOUTBU0 , M" 11bTo the Honorable Mayor and Members of the City Council of the City of Southlass, Texas. GREETIi1GS : We, the undersigned Louie G. Monroe at ux Jean, of Tarrant County, Texas, herein- after called Petitioner, represent as follows: ' 1. That they are the owners of 1.3 acres of land out of the Leonard Lincoln Survey in Tarrant County, Texas, consisting.of two tracts and being described as follows: ' BEGINNING at an iron stake in the East line of a County Road at the Southwest corner of a tract of land deeded to L. D. Cate in Volume 2255, Page 140, Deed Records, Tarrant County, Texas. Said corner by deed call being 1228.7 feet South and 775.2 feet West of the East Southeast corner of the John Childress Survey; THEM with the East line ' of County Road #3601 North 0 degrees 16 minutes East 350 feet to Southwest corner and beginning corner of a tract deeded to George R. Forston as shown_by dead recorded in Volume'2692,Page 407,Deed Records, Tarrant County, Texas; THENCE South 89 degrees 54 ' minutes East 150 feat to an iron On for corner, and being the Southwest and beginning corner of this tract; THENCE South 89 degrees 54 minutes East 175 feet to an iron pin for corner, the same being the Southwest corner of a tract deeded to Ira C. Ware by Deed recorded in Volume 2725, Page 1490 Deed Records, Tarrant County, Texas; THENCE North 0 degrees 16 minutes East 138.1 feet to an iron pin for corner, the same being the Northwest corner of the said Ware tract; THENCE North 89 degrees 54 minutes hest 175 feet to an iron pin for corner; THENCE South O degrees 16 minutes West 138.1 feet ' to the place of beginning. TRACT 2: Tract of land out of the Leonard Lincoln Survey in Tarrant County, Texas, and described as follows: BROMOUG at an iron pin in the East line of County Road at the Southwest corner of tract deeded to George R. Forston ' (Volume 2630, Page 5339 Deed Records, Tarrant County, Texas), said corner by dead call being 1228.7 feet South and 775.2 feet West of Southeast corner of John Childress Survey; THENCE WM VU East line of County R~odd #3061, North 0 degrees 16 minutes East 350 feet to the Southwest corner and beginning corner of tract deeded to George R. Forston (Volums 2692, Page 407, Deed Recorde, Tarrant County, Texas); THENCE South 89 degrees 54 minutes East 150 feet to an iron pin; TRUM North 0 degrees 07 minutes West 138.1 feet to an iron pin; THENCE North 89 degrees 54 minutes West 150 feet to an iron pin; THENCE South 0 degrees 16 minutes West 138.1 feet to beginning. A plat of said land showing its location with respect to the boundary of the City of Southlake, Texas, is attached hereto marked EXHIBIT "A". ' 2. That the land described in EXHIBIT "A" hereto attached is less than one-half mile in width; that less than three qualified voters reside thereon, and is contiguous and adjacent to the City of Southlake, Texas. 3. Your petitioner agrees that if this request for annexation be granted, said land shall become apart of the City of Southlake, Texas, and the said land and any ' future inhabitants thereof shell be entitled to all the rights and privileges of other citizens of the City of Southlake, and shall be bound by the acts and ordinances of said City,,nav in effect and as hereafter enacted. ' WHEREFORE, your petitioner respectfully requests that this Petition for Annexation to the City of Southlake, of the land described in attached Exhibit be granted. WITNESS the signature of petitioner duly ed as r wired for deeds. ' Louie G. Monroe t &Jean Monroe THE STATE OF TEXAS ) ' COUNTY OF T&RRANT ) ' BEFORE MS, the undersigned authority, on this day personally appeared LOUIE G, INDMOE and JEAN IDMOE, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to no that they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this the m?Y2jday of July, A.D. ' 1969. ' Notary Public in and Tarrant County, Texas. PW- -44-00F URBAN PLANNING CONTRACT CITY OF SOUTHLAKE, TEXAS 'AND CARTER AND BURGESS, INC.. ' AND Y NORTH CENTRAL TEXAS REGIONAL PLANNING COMMISSION THIS AGREEMENT, entered into this _20th _.day of' August , 19 69 , ' by and between the North Central Texas Regional Planning Commission, hereinafter referred to as the "Planning Assistance Agency" and the City of Southlake, Texas hereinafter referred to as , the "Municipality" and Carter and Burgess, Incorporated with the principal office located in Fort Worth, Texas hereinafter referred to as the "Consultant" witness th th ® • , , e at. WHEREAS, under the provisions of Title VII, Section 701 of the Housing Act of 1954, Public Law 560, 83rd Congress, Chapter 649, 2nd Session, 68th Statute 590, approved the 2nd dcdy of August, 1954 as amended, funds are being made available by the Department of , g y Housing and Urban ' Development for planning assistance, including among other things the preparation of a general plan, administrative control measures and other planning work in certain communities of the State of Texas, and; ' WHEREAS, the Congress of the Unified States has by statute provided that the North Central Texas Regional Planning Commission may act as a 'Planning Assistance Agency; and WHEREAS, it is the intention of the Planning Assistance Agency to use the funds provided for under Section 701, Title VII, Housing Act of 1954, 83rd Congress, 68th Statute 590i as amended; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agree- ments hereinafter set forth, the parties hereto and legally intending to be bound thereby, do covenant and a Free for themselves and their respective successors and assigns, as follows: ARTICLE CONSULTANT A. The Planning Assistance Agency hereby agrees to engage the Consu-Itant and the Consultant ' hereby agrees to perform the services hereinafter set forth in connection with the project of the Planning Assistance Agency under the urban planning grant contract. B. The Consultant shall perform all the necessary services provided under this contract in connec- tion with and respecting the Municipality, and the area anticipated to be in the process of urbani- zation during the planning period which shall be designated the planning area. C. All of the services required hereunder shall be performed bYthe Planner-in-Charge or under ' his direction.. The Planner-in-Charge shall furnish his personal services and time in the amount ' • necessary to accomplish effectively the planning work proposed in this contract. The Consultant shall secure at his own expense all personnel required to perform the services under this contract. ' Personnel performing'or supervising the performance of engineering, architectural, legal or other ' similar professional services, who by Statute are to meet stated qualifications, shall be registered or licensed when so requ i red. D. None of the work or services covered by this contract shall be subcontracted without prior ' written approval of the Planning Assistance {agency. , E. The scope of the work to be done under this contract shall be subject to modification and sup- p lementation 'upon the written agreement of the duly authorized representatives of the contracting ' parties: However, should the contracting parties be unable to agree unanimously, then the recom- mendations of the Planning Assistance Agency shat.1 prevail, such recommendations to be given in • writing. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Consultant's compensation, are mutually agreed by and between the Planning Assistance Agency, the Consultant and the Municipality and shall be incorporated in written amendments to this contract. F. The activities of the Consultant, his staff and associates shall be fully coordinated with the acti- vities of the Municipality's Planning Commission, the staff of said planning Commission, the Muni- cipality's planning representative, and the Planning Agency. As the work of the Consultant, his . ' staff and associates progresses, the Consultant's advice on matters of immediate concern.to the Municipality's Planning Commission and related to the specific program covered by this contract shall be made available to the Municipality's Planning Commission during the period of this contract., ' but such advice shall not be required to be given if the time consumed in the giving thereof would impede progress on the specific work program covered by this contract: G. The Planning Assistance Agency shall be the final judge of the quality.of the work performed. The work accomp lished by the Consultant. under this contract shall be reviewed by the planning ' • H. representative of the Municipality at such times as are considered necessary by the Planning Assis- tance Agency and the approval, disapproval, or suggestions of the Municipality shall be reported in writing to the Planning Assistance Agency, at such times as the Planning Assistance Agency may ' request, or as deemed necessary by the Municipality. 1. The Consultant shall provide copies of all interim and final reports to the Planning Assistance Agency and the Municipality's planning representative, such reports to include textual material and maps. Interim reports shall be delivered immediately after completion and final reports shall be delivered not later than the date of termination of this contract and in quantities stated in the contract. Progress reports, as required by the Planning Assistance Agency, shall be made from time to time in amounts, and in the forms specified by the Planning Assistance Agency. J. "AlI material developed or acquired by the Consultant for work done under this contract, including, but not necessarily limited to, base maps, study maps, air photographs, statistical tabulations, publications, studies, reports, etc., shall become the property-of the Municipality's Planning Commission and shall be deliverd to the Planning Commission by the Consultant not later than the ® date of the termination of this contract. K. The Consultant shall not assign any interestin this contract and shall not transfer any interest, ' whatsoever, in the same (whether by assignment or novation), without the prior written consent of the Planning Assistance Agency thereto; provided, however, that claimsfor money due to or to become due the Consultant from the Planning Assistance Agency under this contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Assistance Agency. L. The Consultant shall accept full responsibility for payment or unemployment insurance, premiums r for workmen's compensation and social security, as well as all income deductions and other terms or payroll deductions required by law, for his employees engaged in the work authorized by this contract. , M. The Consultant shall save harmless the State and the Municipality from all suits, actions, or • . . t claims brought on account of any injuries or damages sustained by any perosn or property in conse- quence of any neglect or misconduct by the Consultant or anY emPtoYee or on account of any claims ' or amount recovered for any infringement of patent, trademark, or copyright, or from any claim or amounts arising or recovered under the "Workmen's Compensation Laws" or any other laws. The Consultant shall not be released from such responsibility until all claims have been settled and , suitable evidence to the effect furnished the Planning Assistance Agency. ' ARTICLE 11 MUNICIPALITY A. The Municipality agrees to make available to the Consultant all maps, records and data on file that will assist the Consultant in the discharge of the services herein contracted. ' B. The Municipality, its officials and employees and the members of the Planning Commission and the Commission's staff shall cooperate with the Consultant and the Planning Assistance Agency in the discharge of their responsibilities under this contract and will be available for consultation with the I' Consultant and the Planning Assistance Agency at such reasonable periods as not to conflict with their own responsibilities. C. The Municipality agrees that the services of the Municipality's Attorney shall be used in preparing ' development' controls in the form of ordinances and/or regulations in accordance with applicable State Statutes.and local legal requirements and in a form suitable for adoption by the Municipality's Governing body at no additional cost to the Consutlant. ARTICLE II FINANCIAL OBLIGATION OF THE PLANNING ASSISTANCE AGENCY A. It is the understanding of all parties to this contract that the Planning Assistance Agency, by joining in this contract, does not pledge or promise to pledge the assets of the North Central Texas ' Regional Planning Commission, nor does it promise to pay any part of the contract sum provided for in this agreement from any monies of the North Central Texas Regional Planning Commission, except such monies as shall have been granted and paid to and actuallY received by the North Central Texas . Regional Planning Commission for this project by the Department of Housing and Urban Development of the United States Government, and such monies as shall have been contributed to the North Central Texas Regional Pla_ nning Commission by the Municipality under the provisions of Article XVI of this contract. B. It is further understood and agreed by the parties that in the event a contract is not concluded between the Planning Assistance Agency and the Department of Housing and Urban Development covering the project of which the Municipality is included, or should the Department of Housing and Urban Development covering the project of which the Municipality is included, or should the Depart- ment of Housing and Urban Development for any reason disapprove this contract or refuse to make grant funds available to the State for the purpose of carrying out the intent of the contract, then this• contract shall be void and shall not be binding on any of the parties hereto. ARTICLE IV DIRECTION OF WORK A. The work done by the Consultant's staff and associates shall be under the personal supervision of the Consultant or such other qualified person as shall be designated by the Consultant and approved by the Planning Assistance Agency with concurrence of the Municipality. _ B. In the aforesaid supervision, the Consultant or his representatives shall act in complete harmony and coordination with the planning representative designated by the Municipality or its Planning I Commission and the Planning Assistance Agency. C. In order that the Planning Assistance Agency may meet its obligations to the Federal Government with respect to supervision or program content and techical quality of the work to be performed by the Consultant under this contract, the. work to be done by the Consultant under this contract shall , be in conformance with the highest standards of comprehensive planning. D. In the event of any disagreement between the Consultant and the planning representative of either the Municipality or the Planning Assistance Agency, the.recommendation of the Planning Assistance Agency shall Preva i I. ARTICLE V EQUAL EMPLOYMENT OPPORTUNITY In carrying out the• project work, the Municipality and Consultant hereby agree to comply with Title Vi of the Civil Rights Act of 1964, to the end that, in accordance with Title VI of that Act, no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Municipality and Consultant receive Federal financial assis- Jance from the Department; and hereby give assurance that it will immediately take any measures necessary to effectuate this agreement. Such action shall include, but not be limited to the following: ' employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selection'for training, including apprentice- ship in accordance with the Civil Service rules and regulations of such municipalities. The Munici- pality and Consultant agree to post in conspicuous places, available to employees and applicants for employment notices to be provided by the Planning Assistance Agency setting forth the provisions of this non-discrimination clause. The Municipality and Consultant shall include similar provisions in all subcontracts for services covered by this contract ARTICLE VI INTEREST OF MEMBERS. OF-PLANNING ASSISTANCE AGENCY.AND OTHERS No officer or employee of the Planning Assistance Agency or 'member of its governing body who exer- cises any function or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or ' indirect' in any contract or proposed co ntract in connection with the project. If any such member, • ' offficer, or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately disclose such interest to the Planning Assistance Agency. Upon such disclosure such member, officer or employee shall not participate in any action by the Planning Assistance Agency .affecting the carrying out of the project. The Planning Assistance agency shall promptly advise the Government of the facts and circumstances concerning any disclosure of interest made to it pursuant to this paragraph. _ No official of the Planning Assistance Agency and no member or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking of carrying project shall, prior to the completion of the projecfi, voluntarily acquire any personal ' out of the interest, direct or indirect, in any contract or proposed contract in connection with the project. ARTICLE VII ' INTEREST OF CONTRACTOR The Consultant covenants that he presently has no interest and shall not. acquire any interest, directo er'or degree with the performance of his services ' - confli ct in any mann irect, which would r ind hereunder. The Consultant further covenants that in the performance of this contract no person ' having such interest shall be employed. ARTICLE VIII ' OFFICIALS NOT TO BENEFIT ' No member, or or delegate to the- Congress of the United States of America shat l be admitted to any share or part hereof or to any benefit to arise herefrom: ARTICLE IX ' IDENTIFICATION OF DOCUMENTS All reports, maps and other documents completed as part of this contract, other than documents prepared exclusively for internal use within the Planning. Assistance Agency, shall carry the following , notation on the cover or title page and on face of maps, charts, or graphs: PREPARED THROUGH THE COOPERATION ' OF THE. NORTH.CENTRAL TEXAS REGIONAL PLANNING.-COMMISSION.. The preparation of this material was financially aided throughwa Federal Grant. from the Department of Housing and Urban Development, under the Urban Planning Assistance Program authorized by Section 701 of the Housing Act of 1954, as amended. 'ARTICLE X COPYRIGHT I No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by' or on behalf of the Consultant. i ARTICLE' XI TERMINATION OF CONTRACT A. The Consultant shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the Planning Agency- and the Municipality and the Consultant, In the event that work is not completed by that date and mutual consent. of the three parties for extension of the contract is not obtainable, the following 1 procedures shall be followed: (1) if refusal to extend is by the Consultant, paragraph C of this ' section shall. apply, (2) if refusal to extend is by the Planning Assistance Agency or the Municipality, paragraph D of this section shall apply. _ ' B. This contract may be terminated prior tot y he expiration of the contract, period mentioned unani- 1 mous written agreement by the three parties to this contract, or: r C. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obli- 1 ations under this contract or if the Consultant shall violate any of the covenants, agreements or . stipulations of this contract, the Planning Assistance Agency shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such ' event, all finished. or unfinished documents, data studies, surveys, drawings, maPs, models reports photographs, etc., prepared by the Consultant under this contract shall, at the option of the Planning Assistance Agency, become its property and the Consultant shall be`entitled to'receive just and equitable compensation for any satisfactory work actually completed on such documents. Notwith- standing the above, the Consultant shall not be relieved of liability to the Planning Assistance Agency or the Municipality by virtue of any breach of the contract by the Consultant, and the Planning Assistance Agency may withhold any payments to the Consultant for the purpose of set-off until such . 1 imes as the exact amount of damages due the Planning Assistance Agency and the Municipality t from the Consultant is determined. D. The Planning Assistance Agency may terminate this contract any time by a five-day notice in writing from Planning Assistance Agency to the Consultant. -If the contract is terminated by the ' Planning Assistance Agency as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to.the total services of the Consultant covered by this contract, less payments of compensation previously made, E. The Municipality may request termination of this contract prior to its expiration in wrjting from the Planning Assistance Agency. If such termination is agreed to, then cancellation shall be in conformance with the terms set forth in paragraph D of this Section. ' ARTICLE XI OFFICE SPACE The Municipality hereby agrees to make available to the Consultant, without charge to the Consultant or Planning Assistance Agency, the space needed for-compiling dafia from City records t and the Consultant hereby agrees not to include any charge for such space in his fee. The space shall be furnished only with afailable furniture and shall not include special equipment. ARTICLE XI11 SCOPE OF SERVICES I. WATER SUPPLY AND DISTRIBUTION Using the existing Comprehensive Plan as a guide prepare a long-range plan for the supply and distribution of water in the City of Southlake. Such a Plan will analyze and make recommendations on the existing systems.' It will investigate alternate methods of ' supplying the City's long-range water distribution needs. Also the Plan will recommend general location of master mains and.sizes of 8" in diameter and larger. As an integral part of the Plan design standards and policies regarding subdivision regulations will be recommended.-. A. 'Basic Data and Research: 1. Base Map - Prepare a 1 "=1000' scale base map from existing 1 "=400' and 1"-2000' scale city maps. 2. Evaluate the plans by other cities and agencies, i.e., -Fort Worth, Tarrant County Water Improvement District 11, Grapevine, Denton, etc., relative to water system improvement and investigate the of extending possibility any of these projects to serve the water.needs of the city of Southlake. ' 3. Analyze and evaluate.NCTCOG's data f population or the city of Southlake • for use in this study. ' B.- Comprehensive Plan for Water Systems: ' 1. Analyze existing water distribution system to determine problems and develop plans for long-range needs. Determine water requirements of the city and location of sources to'meet the needs to the year 1990. Recommend appropriate ' measures to correct existing problems and determine costs to update the water distribution system. 2. Investigate and recommend alternate sources of water to meet short-range needs. This may include, but not necessarily be limited to, Tarrant County Water Improvement District 11 and cooperation with other cities (see A.2.) and agencies. Such water supply alternatives will require designation of routes, pipe size; and storage requirements. 3. Present findings and recommendations as art of the final report (see ora part p . E below). C. Water Distribution Plan: Prepare a plan for a water distribution system using the Comprehensive Plan as a guide. Such a plan will designate general route and'pipe sizes for transmission mains of 8" in diameter and larger. 2. The size of the water mains in the distribution system will be determined by the Hardy-Cross Computer method. 3. Present findinggs and recommendations as part of the final report (see para. E below). • D. Subdivision Standards and Policies: .1. Establish basic standards and criteria for the design of distribution lines in -subdivisions. 2. Recommend policies, for adoption, governing types of water systems, materials; responsibilityIor the design; inspection; testing and construction . , of water utilities. E. . Report and Presentation: 1. Meet with the Planning Commission or City Council at least five (5) times to report on development of the Plan findings and recommendations. ' 2. Publish twenty-five (25) copies of the report including maps findings and re- commendations which come from items B, C, and :D above. t t Al. Planner-in-charge During the period of the contract, the' Planner-in-Charge shall be Bart S. Bradford. The Planner-in-Charge shall attend a minimum of 5 meetings per year during the period of the contract for the purpose of obtaining substantial understanding and participation in the total "planning process for the Municipality. Should the Planner-in-Charge become unable to continue ' with the . discharge of his duties under this ^ contract, the firm Carter and Burgess, Incorporated shall immediately notify the Planning Assistance Agency and all work under this con- tract shall be suspended until the services of a person meeting the Planning Assistance Agency's " qualifications for a Planner-in-Charge have been obtained and until this contract has been amen- den to replace Mr.. Bradford- as Planner-in-Charge with the person meeting the Planning Assis- tance Agency's qualifications for -Planner-in-Charge. The.Planner-in -Charge shall present published reports to the Municipality's Planning'Com- mission at scheduled meetings. ~ . The Planner-in-Charge shall advise the Munici.pality s Planning Commission in the Admini- stration and procedures to carry out current planning duties and•those concerning zoning and sub- division plats during the contract'period and within contractual limitations.. ...The Planner-in-Charge shall assist the Municipality's Attorney in the preparation of the ad- ministrative ordinance in a form suitable for adoption by the Municipality's governing body. During the period of the contract, the Planner-in-Charge shall.attend the hearings prescribed ' by State Statutes and local codes as prerequisite to the adoption of the administrative control ordi- nances by the Municipality's governing body. " ARTICLE XIV - SCHEDULE OF PLANNING SERVICES A. No work shall be commenced under this contract and no obligations for any payment "under .''this contract shall be incurred until the planning representative of the Municipality and the Con- . _ .01 sultant have been advised in writing by the Planning Assistance Agency that'both Federal funds and funds of the Municipality have been made available to and actually received by the Planning *Assistance Agency for the purpose of this contract and that accordingly, work should commence B. Following notification to commence the Consultant shall proceed with his services in such se- quence as to insure their expeditious completion in the light of the purposes of this contract. But in any event all the services required hereunder shall be completed and submitted to the Municipality and the Planning Assistance Agency on or before May 3, 1970. ARTICLE XV COMPENSATION TO CONSULTANT AND MUNICIPALITY A. For and in consideration of the services to be furnished by the Consultant the total amount , payable by the Planning Assistance Agency under this contract shall be the sum of one thousand three hundred and fifty dollars - which shall constitute full and complete compensation for the Consultant's services hereunder. • B. The Planning Assistance shall, upon on requisition, compensate 9 Agency . P the Consultant in the amount provided herein after the specified work' has been delivered and accepted, except* that ten percent of each amount due shall be retained until the Consultant has complied with Section J, Article I and'Section I-F, Article XI II of the contract, and the Planning Assistance Agency has received all Federal and Municipal project funds: C. It is express I y. understood and agreed that under no event will the total compensation and reim- bursement to be paid hereunder to the Consultant exceed the maximum sum of $1,350.00 for all the services required. ' ARTICLE XVI CONTRIBUTION BY MUNICIPALITY A. It is agreed between the parties that the Municipality. shall cause to be paid to the North ' Central Texas Regional Planning Commission the sum of $500.00 which-monies represent the con ' tribution by the Municipality for its portion of the project costs, provided however that the Muni- cipality shall contribute certain services in lieu of cash in accordance with the provisions, and subject to the limitations , as set forth in Articles 111-B and XIII and XV of this contract. ' B. The cash contribution provided herein in A above shall be paid by the Municipality to the North Central Texas Regional Planning Commission as follows: $500, 00 at the time the contract is\signed. - IN: WITNESS WHEREOF, the • Parties hereto have executed this agreement the day and year first above *written* Approved cis to Legal Form and Legal Adequacy PLANNING-ASSISTANCE AGENCY By By Forth c aster', e' unsel a' an, North fira Texas Central Texas Council of 'Governments/ Council of-Governments/North Central Central Texas Regional Planning Commission Texas Regional Planning Commission ATTEST: City of Southlake MUNICIPALITY City Secretary By Les, Cow, Mayor Approved as to Form: City of Southlake ity ttorney_ Carter and Burgess, Inc. _ATTE ST: CONSULTANT Becretary n J. Burges William C. Bell Presiderif . r SOUTHLAKE VOLUNTEER FIRE DEPARTMENT FIRE CALLS FOR JULY 1969 Calls answered: 12 grass fires ' 2 barn fires 1 lost child Average of 7 men per fire i Approximately 91 man hours Installed new fire hose on #3001 and #3002;had some work done on #3002 pump engine. Three new members joined (one is a diver). Held one business meeting, one drill and two work nights. ' Approximately SO men attended the July meetings. Submitted by: R. P. Steele ' Fire Chief s 'x~ 77 . . e 7. 1 CM of SOUrRIAKE Police Department, MDWMT UX&T Fa JULY h lit 3, 19b9 + Xonorable 10>or and Ceraatt l t Tickets issued in Juna t (33) Forty-five Tickets issued in .fly: (102) Ono Hundred and Two rimes Paid In June 41,221.30 Pik prod in July $2,861.00 Traffic sac,ideates in June 15) Five i Traff'ic, sac,idents in July (7) Sew4m Number of wails in .Tuns (221) TV* 8twdred and Twant yoom - Xumber of sells in July (193) One Numbed and Nifty-three a Miles driven in June 3,913 Hikes driven in July 5,172 ft"er Of persons in jail in Jam (11) 8leven dumber of persone in jail is July (26) T1t uty-six Respectfully submitted,. Chiatf p. ineoe y(~j Ti82t bah S ffinyC+ .nnmrrnwrn+Mt tl'wMn!`bAbMF.F utlNlwttq?7!. City of South"alie, Texa3 136 F7) AP OVED j , Dy City Council Action 10 MINUTES OF THE Crd*Anance No. /G PUBLIC HEARING AUGUST 6 1969 -L~. City Secretary The meeting was called to order at 7:30 P. . L. Clow in the Council Chamber of City Hall at Southlake, Texas. Present for the Council: J. L. Clow, Thurman Hearn, M. J. O'Brien, Wade Booker and Buddy Brown. ZA-69-3: A request for Heavy Commercial with variance for the operation of a public airport submitted by R. G. Goode. At a public hearing held by the Planning & Zoning Commission, ' June 24, 1969, it was recommended to the City Council that the request be granted. The motion was made by Councilman Brown that the zoning be changed from Ag District to Heavy Commercial with variance to operate a public airport on the following described property; seconded by Councilman O'Brien. The motion carried unanimously. BEING 20.77 acres of land out of the W. R. Eaves Survey, Abstract No. 500, Tarrant. County, Texas, and described by notes and bounds as follows: ® BEGINNING at an iron pin at fence corner, said point being 350.0 varas west of the Southeast corner of the Eaves Survey and the Northeast corner of the T. J. Thompson Survey: THENCE North along the fence line, 2229.4 feet to an iron pin for corner at fence corner, said point being in the South line of-old Blue Mound Road; THENCE South 79 degrees 44 minutes West, along fence line and South line of said Road, 488.5 feet to an iron pin for corner in the South Right of Way line of Farm & Market Hwy. 1709; THENCE South 51 degrees 20 minutes West along the South Right of Way line of Hwy. 7.0 feet to an iron pin for corner; ' THENCE South 03 degrees 31 minutes East 2147.5 feet to the iron pin for corner; THENCE North 89 degrees 48 minuteq East 349.0 ' feet to the Point of BEGINNING and containing 20.77 acres of land. Meeting adjourned. J. 0t, Clow, Mayor ATTEST: Aliceanne Wallace City Secretary, E 'F c. NNE= I