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1969-08-19 s9- . A G E N D A it ' F REGULAR MEETING OF THE CITY COUNCIL August 19, 1969 I. Consideration of contract for garbage service. II. Consideration of Resolution passed by City of j Keller regarding boundary lines with their city. III. Annexation Ordinances: 1. Monroe 2. Millican W-144 l IV. Ordinance regarding extra-territorial juris- diction. V. Recommendation from Planning & Zoning Commission regarding final electrical inspections. VI. Incr6ase of professional fee for Tax Assessor. VII. Report from City Secretary. ~r 70 REGULAR MEETING OF THE CITY COUNCIL AUGUST 19, 1969 The City Council of the City of Southlake, Texas, met in regular session in the Council Chamber of City Hall on Tuesday, August 19, 1969, with the following members present: J. L. Clow, Mayor Thurman Hearn, Mayor Pro Ten J. D. Cate, Jr., Councilman M. J. O'Brien, Councilman Wade Booker, Councilman Absent: W. B. Brown, Councilman Mayor Clow called the meeting to order at 7:40 P.M. The minutes of the last meeting were approved as read. Garbage Service. Mayor Clow read the contract submitted by Town & Country Disposal Service and the Council discussed its various proposals. Some changes were made and Mayor ' Clow then stated a meeting would be set with the company to work out all details to mutual satisfaction. (Copy of said contract as submitted attached hereto.) ' City of Keller. No resolution from the City Council of Keller was forthcoming as anticipated. Discussion followed regarding our boundaries. Ordinances No. 165 and 166. The motion was made by Council- ' • man Hearn to adopt Ordinance No. 165 annexing the property of L. G. Monroe, commonly known as Tract 1B4E and Tract 1B4H in the Leonard Lincoln Survey, Abstract No. 981, and adopt- ing Ordinance No. 166 annexing the property of M. A. Millican, commonly known as Tract 2D, consisting of 1.2 acres of land in the H. Medlin Survey, Abstract No. 1038; seconded by Councilman Booker. The motion carried unanimously. (Copies of said ordinances are hereto attached and made a part hereof.) Ordinance No. 167. The notion was made by Councilman O'Brien ' to adopt Ordinance No. 167, providing for the extraterritorial ® jurisdiction of the City of Southlake; seconded by Councilman Hearn. The motion carried unanimously. (Copy attached here- to and made a part hereof.) 71. ORDINANCE NO.jj.C' AN ORDINANCE RECEIVING AND ANNEXING TERRITORY ADJACENT AND CONTIGUOUS TO THE CITY OF SOUTHIAKE, TEXAS, PROVID- ING THAT SUCH AREA SHALL BECOME A PART OF SAID CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO ALL THE PRIVILEGES OF THE OTHER CITIZENS OF SAID CITY, AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF SAID CITY AS HERETOFORE ADOPTED AS AMENDED, AND PROVIDING ' FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of the Acts of 1953, 53rd legislature, Page 357, chapter 93, codified as Article 974-G, Revised Civil Statutes of Texas, Louie G. Monroe, at ux, Jean Monroe, owners of the real property hereinafter described, having made application as by law provided to the Mayor and City Council of the City of Southlake, Texas, for annexation of two tracts of land situated in Tarrant County, ' Texas, and being 1.33 acres, more or less, out of the Leonard Lincoln Survey, more fully described by metes and bounds as follows: TRACT 1: Part of the Leonard Lincoln Survey in Tarrant County, Texas, 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; THENCE 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 deed recorded in Volume 2692, Page 407, Deed Records, Tarrant County, Texas; ' THENCE South 89 degrees 54 minutes East 150 feet to an iron pin for corner, 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 149, 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 West 175 feet to an iron pin for corner; THENCE South 0 degrees 16 minutes West 138.1 feet to place of beginning. ' TRACT 2: Tract of land out of the Leonard Lincoln Survey in Tarrant County, Texas, and described as follows: BEGINNING 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 533, Deed Records, Tarrant County, ' Texas), said corner by deed call being 1228.7 feet South and 775.2 feet West of Southeast corner of John Childress Survey; THENCE with the East line of County Road #3061, North 0 degrees 16 ' minutes East 350 feet to the Southwest corner and beginning corner of tract deeded to George R. Forston (Volume 2692, Page 407, Deed Records, Tarrant County, Texas); THENCE South 89 degrees 54 minutes East 150 feet to a iron pin; THENCE North 0 degrees 07 minutes West 138.1 feet to,n iron pin; THENCE North 89 degrees 54 minutes West 150 feet to a iron pin;- THENCE South 0 degrees 16 minutes West 138.1 feet to beginning. 4z= 72 A plat of said land showing its location with respect to the City of Southlake, • Texas, is attached hereto marked EXHIBIT "A"; and i WHEREAS, it appearing to the City Council of the City of Southlake.. Texas, that all statutory requirements in connection with said proposed annexation have been ' fulfilled and that the above described area is not more than h mile in width, that not more than three qualified voters reside thereon, and that the same is adjacent to the present city limits of the City of Southlake, Texas. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHIAKE, TEXAS: 1. THAT, the property hereinabove described being adjacent, and contiguous to the City limits of Southlake, Texas, be and is hereby annexed and brought within the Corporate Limits of said City and is hereby made an integral part thereof. , 2. THAT, the owners and inhabitants of the area herein annexed be entitled to all of the , rights and privileges of other citizens and property owners of said city and be bound by all of the acts and ordinances mdde in conformity thereto, now in full force and effect and that which may be hereafter adopted. ' 3. THAT, the official map and boundaries of the City of Southlake, Texas, as heretobefoce adopted and amended, be and is hereby amended so as to include the aforementioned ' territory as part of the City of Southlake, Texas. 4 THAT, this ordinance shall become effective and be in full force and effect from and ' after its passage and approval by the Mayor and duly attested by the City Secretary. ADOPTED this day of August, A. D. 1969. ' APPROVED : i Mayor ' ATTEST: City Secretary 4 i - 7 3 :a W o EXHIBIT "Ali y -7 r7 r~z• ~ ti 1' asc~ /oo q I JNaF t N ZY,- y j O O b C] 7 r W 113SIN LA W 4 /BD _ PBgf m ~ ; IAA ~ C1 w_ lia A O f,. ~'ca cn O I H ~ ' ua W s i~ I I O '.d m f, Iyi 74 ORDINANCE NO.~ , AN ORDINANCE RECEIVING AND ANNEXING TERRIORY ADJACENT AND CONTIGUOUS TO THE CITY OF SOUTHIARE, TEXAS, PROVIDING THAT ' SUCH AREA SHALL BECOME A PART OF SAID CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO ALL THE PRIVILEGES OF THE OTHER CITIZENS OF SAID CITY, AND BE ' BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED: FURTHER PROVIDING FOR AMNDING AND CORRECTING THE OFFICIAL BOUNDARIES OF SAID CITY AS HERE- TOBEFORE ADOPTED AS ANENDED, AND PROVIDING FOR AN ' EFFECTIVE DATE. WHEREAS, pursuant to the provisions of the Acts of 1953, 53rd Legislature, Page ' 357, Chapter 93, codified as Article 974-G, Revised Civil Statutes of Texas, Louise Barclay Millican et vir, Mark Amil Millican, owners of the real property hereinafter T described, having made application as by law provided to the Mayor and City Council of the City of Southlake, Texas, for annexation of a tract of land situated in Tarrant County, Texas, and being out of the H. Medlin Survey, Abstract No. 1038, more fully described by metes and bounds as follows: BEGINNING at a point 61 varas 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 Emma Dryden vs. Ollin Barclay, et 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 varas; THENCE South 224.8 varas, 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 2.2 acres; SAVE AND EXCEPT that part of above tract being 1.0 acres of land out ' of the H. Medlin Survey, Abstract No. 1038, in Tarrant County, Texas, being more particularly described as follows: BEGINNING at a pipe 345.82 feet South 0 degrees 14 minutes West of the Northeast corner of the 2.2 acre tract as shown in Volume 2924, Page , 184, Deed Records, Tarrant County, Texas; 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, Tarrant County, Texas; { THENCE South 0 degrees 14 minutes West with the East line of said 5 tract and fence line 186.41 feet the Southeast corner of Tract 3 in. ' said deed, in all 278.52 feet a 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; , THENCE 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 City of Southlake, Texas, is attached hereto marked EXHIBIT "A"; and 7 5 10 WHEREAS, it appearing to the City Council of the City of Southlake, Texas, that all statutory requirements in connection with said proposed annexation have been ful- filled and that the above described area is not more than k mile*in width, that not ' more than three qualified voters reside thereon, and that the same is adjacent to the present city limits of the City of Southlake, Texas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHIAKE, TEXAS ' 1. THAT, the property hereinabove described being adjacent, and contiguous to the City ' limits of Southlake, Texas, be and is hereby annexed and brought within the Corporate Limits of said City and is hereby made an integral part thereof. 2. THAT, the owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said city and be bound by all of the acts and ordinances made in conformity thereto, now in full force and effect and that which may be hereafter adopted. 3. ' THAT, the official map and boundaries of the City of Southlake, Texas, as heretobefore adopted and amended, be and is hereby amended so as to include the aforementioned territory as part of the City of Southlake, Texas. 4. • THAT, this ordinance shall become effective and be in full force and effect from and after its passage and approval by the Mayor and duly attested by the City Secretary. ADOPTED this day of August, A. D. 1969. APPROVED: ATTEST: Mayor City Secretary G yt s 76 :a r:. i i r a c w r Y 1 i ` 4{ P I # V .Q:.:4 l ; .Ci' . . 12'IiLL - A8. IY75 i (l Sk rh~f i i 1 ORDINANCE NO. 16 7 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE ORDINANCES OF THE CITY OF SOUTHLAKE, IN ESTABLISHING RULES AND REGULATIONS GOVERNING PLATS AND A SUBDIVISION OF LAND INTO THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF SOUTH- . LAKE. E S WHEREAS, the City Council of the City of Southlake is interested in the protection of the citizens of Southlake and the citizens of the area surrounding Southlake and within the extra territorial jurisdiction of the City of Southlake, and, r i WHEREAS, Article 970a, Section 4, of Vernon's Annotated Texas Statutes provides that a city may extend its ordinances establishing rules and regulation governing plats and a subdivision of land into its extra territorial jurisdiction. BE IT THEREFORE ORDAINED THAT HEREAFTER: 1 (a) All of the requirements, the rules and regulations governing plats ' and subdivision of land in the City of Southlake, Tarrant County, Texas. to-wit, for an area one-half mile outside the city limits of the City of Southlake, prGv:ded that such half mile is not in another city and not within another city's extra territorial jurisdictior}. 'e I THIS ORDINANCE SHALL TAKE EFFECT AFTER THE PASSAGE AND PUBLICATION AS REQUIRED BY LAW. H~ PASSED this day of August, 1961-j. ATTEST: MAYOR _ tI P ELF 1 E GLENN GO , IGHT, d CITY ATTOEY AREA-WIDE SERVICE CO., INC. ~7' formerZy. -J own countr obis osal service 2405 Grandview Dr. Ph. GL 1-6000 FORT WORTH, TEXAS 76112 M. C. ROBERTS, JR. President 18 August 1969 f The Mayor, Members of the City Council, The City Manager, and The City Secretary ji: City of Southlake, Texas Re: Garbage Collection Contract Gentlemen: Attached hereto is the Garbage Collection Contract which has been drafted for Area-Wide Service Co., Inc. by its attorney, Charles D. Yarborough, which provides for the collection and disposal of garbage within your city. Yours truly, Ale '0M. C. Roberts, Jr. President MCR: jm Enclosure µr PHONE 817/834-7311 CHARLES 0. YARBOROUGH ATTORNEY AT LAW HALTOM PLAZA SHOPPING CENTER 3123-B DENTON HIGHWAY FORT WORTH. TEXAS 76117 18 August 1969 To Whom It May Concern: This is to certify that on behalf of Area Wide Service Co., Inc., which I represent, I have personally prepared, and have approved of the at- tached garbage collection contract between Area-Wide Service Co., Inc., and the City of Southlake, Texas. Sincerely, 2) Charles Yarborough OA& CDY:jm Enclosure GARBAGE COLLECTION CONTRACT THE STATE OF TEXAS ) COUNTY OF TARRANT ) I~ KNOW ALL MEN BY THESE PRESENTS: That this proposal for garbage collection service is made and entered into by and between the City of Southlake, Texas, a municipal corporation, hereinafter called Southlake, and Area-Wide Service Co., Inc., 2405 Grandview Street, Fort Worth, Texas, a Texas corporation, hereinafter called Area- J i1 Wide; :i 1. That Southlake hereby grants to Area-Wide a per- mit to use the public streets, alleys, easements and thorough- fares within the corporate city limits of Southlake for the purpose of collection and disposal of garbage, trash and re- fuse, for a period of one year, beginning 19 , and ending , 19 , subject to the limitations and conditions hereinafter specified and contained in this contract; 2. That Area-Wide is given rights by City Ordinance or City Council Resolution by Southlake, to pick-up and collect all residential and commercial garbage, trash, 41 0 and refuse within the corporate city limits of the City of Southlake, Tarrant County, Texas; 3. That Area-Wide agrees to establish collection routes for the collection of garbage, trash and refuse in order that equipment used for this service will create no hazards to traffic nor be a nuisance to Southlake and its residents or to others using said streets, alleys, easements and thorough- ' ® fares of Southlake, and that the designated collection routes -1 shall be well defined, consistently adherred to, and their precise location shall be communicated to the City Secretary in writing so that Southlake shall at all times have full 11 ~ knowledge of the designated routes to be followed by Area- Wide; ; 4. That Area-Wide agrees to furnish trucks, equipment, machinery, tools and labor, at its own expense to adequately, X11 ' efficiently, and properly render the collection and disposal l of all garbage, trash and refuse in Southlake in a systematic, r' clean, healthful, and sanitary manner; that all collection of garbage and other trash shall be made by Area-Wide using sealed packers; and that such equipment shall not be allowed to leak or scatter any garbage, trash and refuse within the corporate city limits of Southlake, nor while enroute to the site or sites where such accumulation shall be dumped; 5. That Area-Wide agrees to dispose of all garbage, trash and refuse collected in Southlake at a site specified and approved by Southlake; that Area-Wide also agrees to ' comply with all rules and regulations of such site of disposal; That Area-Wide shall communicate to Southlake the ' schedule of garbage pick-up on each and every collection route, Irk" designating the days of the week that such pick-ups shall be made; and the collection routes that will be followed on each such occasion; 7. That Area-Wide agrees to investigate with representa- tives of Southlake any and all complaints of any substantial ' nature by any individual, firm, or corporation regarding the collection services as stipulated by City Ordinance or this contract, so that settlement of each such complaint can be made in an equitable manner to the satisfaction of all concerned; a~ -2- . qq i 8. That Area-Wide agrees to furnish to Southlake evi- dence of its liability and workmen's compensation insurance coverage as follows: 1. Workmen's Compensation Insurance on all employees of Area-Wide working in Southlake. ~4 2. Automobile Liability Insurance: A. Public Liability--$50,000 for any Ir one person and $100,000 for any one accident. B. Property Damage--$10,000; 9. That upon the request of an authorized representa- tive of Southlake, Area-Wide agrees to remove any dead small animals or other undesirable or deterious matter that is 1 - within the capability of Area-Wide to remove, from with.in Southlake, for a reasonable fee between $2.00 and $5.00, to be agreed upon at the time of such request; 10. Area-Wide agrees to bill all Southlake garbage col- lection customers, and will retain one hundred per cent (100%) of the gross receipts therefrom; ® 11. ■ That Area-Wide agrees to furnish Southlake with a list of names and addresses of all Area-Wide employees who work for and on behalf of Area-Wide in Southlake, and to keep this list up to date. I~ 12.. i That Southlake agrees to furnish Area-Wide with a list of names and addresses of all residents of Southlake, and to keep this list up-to-date, reporting all.deletions and additions to Area-Wide as they occur; that Southlake agrees to have books and records of all operations of the garbage collecting service available for inspection by Area fl Wide at all times; that Area-Wide agrees to keep such list private and not to sell, lease, loan, rent, give, or assign i -3- a such list of any person or persons or corporation, without first obtaining consent by City Council Resolution. 13. That Area-Wide set by City Ordinance or City Council Resolution a monthly garbage collection fee of $2.50 per single-family residential dwelling for curb garbage collection service twice each week, providing, if valet service is re- quired, a $.25 to $.50 additional fee per dwelling, to be determined by.Area-Wide. 14. That Area-Wide be given authority by City Ordinance or City Council Resolution to set all fees and rates for commercial garbage collection and multi-family residential dwellings garbage collection. 15. That the duration of this contract will be from the date of acceptance until the termination date hereof as indi- cated in paragraph 1, above, provided further, that either party may terminate this contract with or without good cause, upon 30 days written notice by certified, return receipt re- i quested U.S. Mail, to the other party. WITNESS OUR HANDS this day of 1969. City of Southlake Tarrant County, Texas By: I -4- i I . Area-Wide Service Co., Inc. By: M. C. Roberts, Jr., President STATE OF TEXAS ) COUNTY OF TARRANT ) a SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, by the said as authorized representative(s) and/or agent(s) of the City of Southlake, Texas, on this day of 1969. Notary Public in and for Tarrant County, Texas My commission expires June 1st, 1971. STATE OF TEXAS } COUNTY OF TARRANT ) SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, by the said M. C. Roberts, Jr., President of Area-Wide Service Co., Inc., on this day of , 1969. i Notary Public in and for Tarrant County, Texas ~ My commission expires June 1st, 1971. J! r -5- 78 Planning & Zoning Recommendation. The motion was made by Councilman Cate that notices are to be attached to building permits when issued stating that said permit provides only for temporary electrical service and that the City of Southlake is to be contacted for a final inspection before permanent service is hooked up; , seconded by Councilman Booker. Motion carried unanimously. Salary Increase for the Tax Assesor. Following discussion of this matter, the Council concluded that the proper time for consideration of salary increases would be when the budget is submitted January 1, 1969. The City Secretarq reported that all instructions given at the last meeting have been carried out. The Council was informed of the imminent necessity of securing addi- tional help in the city office. There being no further business, the meeting adjourned. Q ® J. L. C ow , 'Mayor ATTEST Aliceanne Wallace City Secretary i Page 2 8/19/69