1969-10-07
92
RW R TING Of TRt CITY COUNCIL
October 7, 1969
1. Roconmsndations from Planning b Zoning
Comissioni ZA-69-19, W. D. farrar
ZA-89.20, W. R. Berk, lei. D.
Now appo ntuents.
III. Request for publishing legal notices by
Mr. Leon Wounack.
IV. dater Distribution System (fir. Bart
Bradford of Carter & Burgess).
V. first Department Report.
Vt. Police Department Report.
VII. City BusinesssljTaz Search and Transfers.
211equisition for purchse
of two typewriters.
3)Requsst of Mr. Ratcliff
re 1966 disannesation
action of Council, (Oak
Knolls area).
City of !'-1f,-7,t akn, TAxas 137
By City C3Znxfl Action
IWO" MINUTES OF THE OrdAir.ance No. n/-
PUBLIC HEARING OCTOBER 19 1969
City Secretary
The meeting was called to order at 7:40 PM by Mayor J. L.
Clow in the City Hall of Southlake, Texas. Present for
the Council: J. L. Clow, J. D. Cate, Jr., M. J. O'Brien,
Wade Booker and W. B. Brown.
ZA-69-17: A request for a change in zoning from Agriculture
to Heavy Commercial on the property owned by Cecil Max Hinds,
as per the attached plat, more fully described by metes and
bounds as follows: Being a tract or parcel of land out of
the S. Freeman Survey in Tarrant County, Texas, BEGINNING at
a point 302.2 ft. East and 274.2 ft. North of the Southeast
corner of the T. Mahan Survey, and being 124.5 ft. North of
the West Northwest corner of a 1.754 acre tract described in
deed from J. M Mitchell et ux, Angie Mitchell, to Wylie
Allumbaugh, et ux, Helen, recorded in Vol. 3266, page 285,
Deed Records of Tarrant County, Texas, said point being the
North ROW line of County Road #1709; THENCE with the ROW line
of County Road 1709 as follows: NORTH 48 deg. and 22 min.
East, 100 ft; North 41 deg. and 46 min. East, 100 ft.; NORTH
35 deg. and 37 min. East, 100 ft.; NORTH 29 deg. and 20 min.
East, 100 ft.; NORTH 23 deg. and 01 min. East, 100.ft.; NORTH
16 deg. and 58 min. East, 100 ft.; NORTH 9 deg. and 37 min.
East, 100 ft.; and North 3 deg. and 38 min. East, 149.3 ft.
to a point in the South line of State Hwy. 114; THENCE North
85 deg. and 37 min. West with the South line of State Hwy.114,
a distance of 344 ft.; THENCE South 733 ft. to the point of
beginning and containing 4.18 acres of land, more or less.
After some discussion, Councilman W.Brawn made a motion
that the request for H District zoning on the above-described
property be granted; seconded by Councilman O'Brien. Carried
unanimously.
ZA-69-16: The request of W. H. Crumbaker to change the zoning
from Agriculture to A-10 (Multi-family) on a two acre site out
of Tract 4 of the Thomas M. Hood Survey, Abstract No. 706,
located at the southwest corner with a set back of 132 feet
from the east side of Jimison-Fowler Roa
Adjacent property owners did not favo this c an e, e
main objection being that such zoning wou ~~tBaSDii~ll atei Tie
dential property nearby. Several other c tJt zevWPJWWin
favor of it, citing the need for rental A1QWYf;*u6dhAb&*e.
The Planning & Zoning Commission, at the ears on A8 -us
roAtnance o.
26th, voted to deny this request.
I
City Secretary
138
Following much discussion pro and con, Councilman'
Booker made a motion that this request, to change the
zoning on the two acres in the southwest corner of
.Tract 4 of the Thomas M. Hood Survey, Abstract No. 706,
from Agriculture to A-10 (Multi-Family) be granted;
seconded by Councilman Cate. The Mayor then called upon
each Councilman to vote individually. The vote was as
follows: Councilman Brown, For.
Councilman Booker, For
Councilman O'Brien, Against"
Councilman Cate, For.
The motion carried by a majority of three to one, over-
riding the Commission's recommendation.
(Mr. Crumbaker's immediate plans call for the con-
struction of two four-plex units, one on each acre.)
ZA-69-18: The request of James Harrell for a change in
zoning from Agriculture to H District (Heavy Commercial)
on the property owned by him, Raymond C. Davis and Joel
M. Hedge, consisting of 4.9 acres known as Tract 3 of
the John Childress Survey, Abstract No. 254, located ad-
jacent to U.S.A.Tract #C228 on its north side and on the
northwest corner of County Road No. 3061. Councilman
Brown made a motion that this request be granted; seconded
by Councilman Booker. The motion carried unanimously."
(T Commission had recommended this
change 644#46eitbiake, Texas
APPROVED
There j0pCJV&ffliAai0%u iness, the meeting adjourned.
Ordinance No. /
TL. ow, Mayor
City eecretcry
ATTEST
Aliceanne Wallace
City Secretary
C
op
6
Public Hearing 10/1/69.Pg.
93
r
REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 7, 1969
r
' The City Council of the City of Southlake, Texas, met
in regular session in the Council Chamber of City Hall
on Tuesday, October 7, 1969, with the following members
present:
I J. L. Clow, Mayor
Thurman Hearn, Mayor Pro Tem
14 J. D. Cate, Jr., Councilman
Michael J. O'Brien, Councilman
114 W. B. Brown, Councilman
A Wade Booker, Councilman
IM4
Mayor Clow called the meeting to order at 7:40 P.M.
4
A The minutes of the last meeting were approved as read.
Recommendations from the Planning & Zoning Commission
were read by Mayor Clow pertaining to ZA 69 19, W. D.
Farrar, and ZA-69-20, Dr. W. R. Berk. The Council was
reminded that the public hearing on these matters is
Wednesday, November 5th.
Mayor Clow then read the letter received by the City
from John R. Tate (attached hereto) wherein he tendered
Id his resignation from the Planning & Zoning Commission
as chairman and member. His resignation was regretfully
accepted by the Council. Inasmuch as the resignation
became the second vacancy on the Commission, the Mayor
called for appointments to be made. Councilman Hearn
made a motion to appoint Mrs. William Stickley and John
Shelton to the Planning & Zoning Commission; seconded
by Councilman Booker. The motion carried unanimously.
The Grapevine Herald representative, Marie Clark, re-
quested the Council to consider the Herald as the City's
„s official newspaper publication and carry its legal
notices. No action was taken by the Council at this time.
Fire Department Report was made by Chief Bob Steele (copy
attached). The Council was asked to examine literature
on a resuscitator and also to be thinking about a new (or
newer) fire truck.
94
CITY OF SOUTHLAKE, TEXAS
!p
PLANNING AND ZONING COMMISSION j,
~r
TO: The City Council
Southlake, Texas'
Gentlemen: F
At a regular public meeting of the Planning and Zoning
Commission on Tuesday, September 23, 1969, at the
Southlake City Hall, the Commission by unanimous vote,
agreed to recommend to the City Council that the appli-
cation for a change in zoning from Agriculture to H
District (Heavy Commercial) by Dr. W. R. Berk, ZA-69-
20, on approximately 32 acres of land known as Tract
2 of the Richard Eads Survey, Abstract No. 481, and
Tracts 5 and 5C of the Thomas Mahan Survey, Abstract
No. 1049, be denied.
1W
The Commission points out that this request is not in
keeping with the Master Plan. No adjacent property
owners appeared in person either for or against this
request.
Present for the Commission: Tate, Chairman
Hargadine
Williams
Gonzalez
Quinn
Gordon
P
ih
P
6
95
CITY OF SOUTHLAKE, TEXAS
PLANNING AND ZONING COMMISSION
RR
k
TO: The City Council
Southlake, Texas
Gentlemen:
At a regular public meeting of the Planning and
Zoning Commission on Tuesday, September 23, 1969,
at the Southlake City Hall, the Commission, by
unanimous vote, agreed to recommend to the City
Council that the application of W. D. Farrar,
ZA-69-19, requesting a change in zoning from
Agriculture to H District (Heavy Commercial) be
approved on the 69.14 acres of land known as
Tract 6 of the Thomas Mahan Survey, Abstract No.
1049, with provision for fifty feet of right-of-
way along the south line of SH 114 and also fifty
feet of right-of-way on the east boundary of said
tract, according to the proposed traffic loop in
the City's Master Plan. The Commission points out
that this request is in keeping with the Master Plan.
No adjacent property owners appeared in person either
for or against this request.
Present for the Commission: Tate, Chairman
Hargadine
Williams
Gonzalez
Quinn
Gordon
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96
• CITY OF SOUTH LAKE
INCORPORATED1956
~11rr PHONE 289-2200
40
P. 0. BOX 868
Iq SOUTHLAKE. TEXAS 76051
4i October 7, 1969
aW Honorable Mayor and City Council
14 Fire Department report for the month of September
House fires 1 (one)
40 Grass Fires 2 (two)
Ad ~
Trash Fires 1 (one)
Stand by Car Accident 1 (one)
The average men responding to fires were 5 (five) men per call.
Total men answering calls in September 24(twenty four)
Total man hours 58 hours and 20 minutes
C Meetings held in September 4 (four)
Business meeting 1 (one)
Drill meeting 1 (one)
Work meetings 2 (two)
Respectfully submitted,
d R. P. Steele, Fire Chief
RPS : nb
arl
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all
ar low
- 97
Police Department Report was next given by Chief Doyle
Ince (copy attached). Chief Ince then reported on the
recent police convention he attended. He informed the `
Council the various seminars were highly informative
and he felt much good was gained by attending.
Title Search and Transfers was next on the agenda. This ,
monthly information keeps the tax roll current and it
costs $10 monthly. Councilman O'Brien made a motion
' that this service be acquired; seconded by Councilman
Cate. The motion carried unanimously.
Typewriters were next discussed and Councilman Brown
recalled that Council action had approved the purchase
of a typewriter not too long ago but one was never ob-
tained. However, two typewriters are now needed and
the Council instructed the City Secretary to get them.
W. N. Ratcliff has requested that the proper papers be°
prepared disannexing his property as per Council action;
at a meeting April 5, 1966, which never had been done.
The City Attorney, Mr. W. D. Campbell, was instructed by
the Council to prepare such an ordinance.
Carter & Burxess, Inc. representatives, Mssrs. Bart
Bradford and Jim Alewine, presented the engineering study
made on the water distribution system designed to serve a
population of 15,000. U's`ing a minimum size line of 6", a'
well, pump station and 500,000 gallon overhead storage f
tank was roughly estimated to cost the City $350,000.00.
W
City Attorney W. D. Campbell reported to the Council that
on September 23rd an injunction suit for the City was filed
in the 67th District Court against Robert L. McPherson. A"
copy of the letter to Mr. McPherson's attorney, Al Clyde, to
is attached hereto. Mr. Campbell stated the final hearing
will be held in thirty to ninety days. W,
rr
There being no further business, the meeting adjourned.
ATTEST:
J. L. Clow, Mayor
Aiiceanne Wallace, City Secy. 4P
r
Page 2 - 10/7/69
- 98
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WILLIAM D. CAMPBELL
ATTORNEY AT LAW
RIVERSIDE STATE BANK BLDG.
P. O. BOX 7254
FORT WORTH, TEXAS 76111
634-7422
7, 19609
Honorable Harris Brewster
Judge, 67th District Court
Civil Courts bldg.
Port r!orth, Texas, 76102
No. 56393-C
Re: City of Southlake
vs. Robert Lee McPherson, et ux
Dear Judge Brewster:
This letter is to evidence the agreement of the parties to
the subject cause, by and through their attorneys of record,
to proceed in the subject case without the scheduled hearing
on the temporary injunction requested by tho Plaintiff, City
of 3outhlake.
It is agreed that the Defendants -gill maintain the status quo
in connection with the use of their property as conditions
existed October 1, 1969. A final date will be requested
convenient to both parties and such hearing will be considered
as a final hearing on the Plaintiff's request for a permanent
injunction.
It is further agreed that this agreement is without prejudice to
the rights of either party and is not intended to be an admission
of liability on the part of the Defendants and the Plaintiff
reserves the right to request a hearing on a temporary injunction
on reasonable notice in the event the Plaintiff fads that the
status quo is not being maintained by the Defendants as agreed
hereunder.
Rsspe tfully yours,
William D. Campbell, Attorney for
City of Southlake, Plaintiff
Al Clyde, Attorney or De endants,
Robert Lee McPherson and wife
Dorothy McPherson