1966-03-01
Council Meeting
City of Southlake, 7:30 PM
tow March 1, 1966
~r Mayor Schell called the meeting to order. Answering roll call were councilmen
Carlile, Cate, Clow, Williams and Crumbaker, A number of visitors were presents
They were asked to register their names on a list and they are as follows2
Roy Marris, F. H. A.
J. H. Winfrey
Howard Moffat
H. M. Hunter
Derrell Johnson
John Messina
.r Louis Messina
Mr. and Mrs. R. E. McManus
Mr. and Mrs. J. B. Weathers
William Guckian
Richard O'Malley
J. R. Tate
J. P. Truelove
'0sop" Joe Lae, attorney, Keller Water District
K B. L Nelson
W. N. Ratliff
.slow s Ben McClure
Keller Austin
Most of these were known as interested community members and others known to
have business with the council* Mayor Schell acknowledged their
presence and
Mr. Lae and others from Keller were asked to state their business.
a Messrs. Johnson and Loe reported on the progress of the Keller Water rrograms,
Their request involved service to customers in the City of Southlake, who were
adjacent to their water program installation, and who had asked then to secure
permission or release from the City of Southlake. They named specifically
a Mr. Yant and Rufus Welch. They also stated that Mr. Dutch Cooke was willing
to use r`eller service* It was explained that Mr. Cooke was speaking on behalf
of property known as the Otto Taylor land, which was in the City of Southlake
m and which had a deposit for water. Mr. Rufus Welch was also in Southlake, but
the Yant property was not. The matter was discussed and tabled for further
investigation.
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Mayor Schell next asked Mr. Roy Marris of the PHA to give his opinion of the
water program construction, etc., in the City. Mr. Marris expressed approval
of the program, thus far, and promised his wholehearted cooperation in seeing
low it to completion. Mr. Marris then gave a most informative, brief, resume'
of the government program which he represents. He stated that under proper
w '"1W circumstances, loan funds were available for the development of senior homes
(projects), and for young copules to borrow for their own homes; for golf clubs,
dairy farms, sewage disposals, etc. Also, that fire trucks and buildings therefor
may be financed through his agency.
ar ~
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Page two - council meeting, City of Southlake, March 1, 1966
Mayor Schell thanked Mr. Marris for the promise of cooperation and interesting
report on his office.
Mr. Schell then entered into the business at hand, a
First to be considered was the proposal submitted by Mrs. Lavon Baird for the
billing and collecting of water bills. Her proposal was that the first three
hundred accounts would be handled for $100.00; each additional account would
be charged for at 300; this procedure to include "setting" up the customer's
ledger, recording the payments, balances, sending the statements, also a
"reminder" statement if such is required; making deposit slips and banking a'
the receipts. Earl Williams made the motion to accept this proposal, to be
effective at the time the water was turned on, for a period of at least one years
with an option for renewal; the agreement to be subject to thirty days' written w
notice if Mrs. Baird decided she could not keep the job. This motion was
seconded by J. L. Clow and carried,
Brief discussions were held on the matter of location of a fire hydrant for w
V. L. Graham. Mr. Graham had agrees, verbally, to have the hydrant set across
the road from his property (because of highway 114), and Mr. Carlile was
instructed by Council to see and make agreed arrangement, etc* Also, the
matter of water taps and fire hydrants for W. N. Ratcliff were discussed*
Mr. Ratcliff agreed to further postponement of the solution to this problem,
which again involved crossing the highway intersection (114 and Yeller) and
the engineers estimated the cost of same would be in excess of $3200.000
Mr. Ratcliff was advised to notify Mr. Carlile of his plans as they developed*
Fire Marshal Howard Moffat was aked to give a report of progress. He stated
that Mesco had a building for sale for around $30000 which would be suitable.
for the fire department. Mr. Ratcliff made a quick estimate of the cost of
a foundation for such a building (steel) and stated that about $20000 would 10'
cover a "slob"0 Again the discussion hinged around the lack of funds for such
outlay of cash, but Mr. Moffat was aked to inquire into the purchase, etc. No
official action was taken.
Howard further stated that the Fire Marshal for the county or region, asked
that the city adopt a resolution or draw up a fire ordinance at once. Mr.
McClure was altked to attend to this.
J. J. Carlile, water camnissioner, asked that a guard light be installed at
the well site. J. L. Clow made a motion that the secretary see that this was m
done, seconded by W. H. Crumbaker. Motion carried.
A few other items of hudiness which were attended to includeds letter to Mr.
V. C. Casparis re violation of J. C. Wood of Ordinance 135•.A; G. M. Hargadine
and his committee had not reviewed the request of zoning for R. L. McPherson;
signal at intersection of 114 and Carroll Road refused; Texas Power and Light
contract (revised) a
pproved again; letter to Dick Lewis re widening of bridge
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page three - minutes of council meeting City of Southlake, March 19 1966
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at west boundary of the city; discussion of easement from Howard Thrasher,
who had promised same to city secretary, W. M. Guckian, J. J. Carlile and
B. L. Nelson. All of the aforesaid, mainlp secretarial duties, were
approved and secretary so instructed.
Routine bills werd approved.
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Then came the report from B. L. Nelson and Associates, via Mr. Dick O'Malley,
in regard to the feasibility of the actual operation by the city of a gas
system. Mr. O'Malley gave a most informative report on why such an operation
would be feasible and practical for the city and its' residents. One of the
features, he stated, would be that all residents could be served, whether
or not they were "Xouthlake'«. if they desired the service and signed the
necessary application and made the deposit, etc.
Council members asked many questions and a lengthy discussion ensued,
Finally, council agreed that it would be practical for the B. L. Nelson
engineering firm to go into this matter firmly. That they should prepare
A ~ a report in detail and submit plans whereby the city could install a
municipal gas system, That they should further prepare the necessary
10 application for a government loan to finance such installation.
4s
The foregoing was included in a motion made by J. D. Cate and seconded by
J. J. Carlile. The motion also included this statements that B. L. Nelson
and Associates are hereby authorized to compile such a report and submit
such application; that no agreement will be entered into between the City
of Southlake and Lone Star Gas Company, until such time as it is learned
that it will not be feasible to operate the municipal system, or that loan
r funds are not available.
The entire motiontwas read and discussed and unanimously approved.
Since the mid-night hour was approaching, meeting was adjourned by mutual
„ agreement.
40
Secretary Mayor
.r
The Texas Highway Department requested a signed copy of a maintenance
Irmo agreement which had been overlooked. By general consent, council indicated
that Mayor Schell and "rs.. Nelson sign this ro ne instrument and retutn
as requested. Done. Copy in minutes. Nels a
sy
Form 1037
MUNICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
? HIGHW ANDR PORTIONS OF STATE HIGHWAY
N THE CITY OF
~•e.1/ COUNTY OF ``'~jj
114
TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND
{ AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN E{MGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
.EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the Public convenience, safety and necessity of the
i City, and the people of-the City require that State Highway routes within the
City be adequately maintained; and
WHEREAS, the City has requested that the State of Texas, enter
` upon and contribute financially to the maintenance of said project; and
I WHEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and expense,
enter upon and maintain said project, conditioned upon the provisions concerning
liabilities and responsibilities for maintenance, control, supervision, and
regulation which are set out-in the form attached hereto, made a part hereof, and
marked "MUNICIPAL MAINTENANCE AGREEMENT"; and
T
-WHEREAS-p said~ pro-ject consists of tffose State-Hi-~s and/or
portions thereof which are described and included in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT.
I I `
NOW, THEREFORE, BE IT ORDAINED by the
SECTION 1. That the public convenience, safety and necessity of the City
and the people of the City require said project be adequately maintained.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project.
J SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement with
the State of Texas, in accordance with and for the purpose of carrying out the
terms and provisions of this order, in the form attached hereto, made a part hereto,
and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed
to attest the agreement and to affix the proper seal of the City thereto.
SECTION
i 4. The Mayor of the City,. having requested in writing that this ordinance
take effect forthwith and there being in fact an emergency and imperative necessity
that the work herein provided for be begun and carried out promptly and with expedition
and that the agreement aforesaid shall be immediately made,+executed and delivered
to the end that"such work herein provided for may be begun and carried out promptly
and with expedition. The reading of the ordinance on three several days is hereby
' dispensed with and the same shall be in full force and effect from and after its
passage.
Form 1038
Rev. 2-1-60
MUNICIPAL MAINTENANCE AGREEMENT
(For Maintenance Only)
' STATE OF TEXAS O
COUNTY OF 43Fi ( )
' THIS AGREEMENT made this lot day of lidgh 19 66, by and be-
s
tween the State of Texas, hereinafter referred to as the "State," party of the
first part, and the City of Scwthiake , Tarrant
' County, Texas, (population eat, 1230 , "7 d. Census) acting by
and through its duly authorized officers, hereinafter called the "City," party of
the second part.
WITNESS E T H
WHEREAS, the City has requested the State to assume maintenance on State
Highway routes within such city; and
W MTR AR, the Legislature of the State of Texas did enact Senate Bill No. 415,
' 46th Legislature, effective May 15, 1939, authorizing and empowering the State High-
way Commission in its discretion to enter into contracts or agreements with the
goverai-ng- bed:ies of - i-aeerporated cities; tower; and villages relative, to the "location,
' relocation, construction, reconstruction, and maintenance, control, supervision, and
regulation of State Highways within or through the corporate limits of such munici-
palities; and
' WHEREAS, the general policy of the State Highway Commission provides that
the State Highway Department may assist in maintenance, control, supervision, and_
regulation of any or all State Highway routes through municipalities with a popula-
tion of•15,000 or less, and any or all State Highway routes except the congested or
downtown sections of-,those municipalities with a population in excess of 15,000 as
shown by the last available Federal Census, conditioned that the City will enter into
agreements with the State for the purpose of determining the responsibilities of the
parties with reference thereto; and
WHEREAS, the State Highway Engineer, acting for, or in behalf-of the State
' Highway Commission, has made it known to the City that the State will assist the City
in the maintenance, control, supervision, and regulation of certain State Highway
routes within such city, conditioned that the City will enter into agreements with the
' State for the purpose of determining the responsibilities of the parties thereto;
and S
i
WHEREAS, all such agreements made with cities, towns, and villages are for the
t purpose of maintenance, control, supervision and regulation of State Highway routes,
and shall in no way be considered to cover any present or past obligations either
real or anticipated concerning stch highway routes through municipalities;
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Form 1038
Rev 9-1-53
3. The City agrees that traffic regulations including speed limits, will be
established and fixed by agreement with the State after traffic and engineer-
ing surveys have been conducted.
4. The City agrees to prohibit angle parking, except upon written approval by
the State after traffic and engineering surveys have been conducted to
determine that the roadway is of sufficient width to permit angle parking
without interfering with the free movement of traffic.
5. The City agrees to prohibit parking where such restrictions are necessary
for satisfactory operation of traffic, by passing ordinances and taking
other appropriate action in addition to full compliance with current laws
on parking.
6. The City agrees that traffic control devices, such as stop and slow signs,
traffic signal lights, parking meters, and other types of devices for traffic
control, in respect to type of device, points of installation,.and necessity
will be fixed by agreement with the State after traffic and engineering
surveys have been made. The City agrees that it will not install or maintain
or permit the installation or maintenance of any type of traffic control
device which will affect or influence the utility of the State Highway routes
without having obtained in writing the prior approval of the State.. Traffic
control devices installed prior to the date of this agreement are hereby
made subject to the terms of this agreement, and the City agrees to the removal
of such devices which affect or influence the utility of the State Highway
routes unless their continued use is approved in writing by the State. It is
understood that future traffic signal lights installed as a joint project by
the City and State will be the subject of a separate agreement outlining the
responsibilities for installation and maintenance.
7. It is mutually agreed that the City.may install and maintain any street
lighting system desired by the City provided such installation shall not
constitute a hazard to traffic on the State Highways, and provided the
City shall pay all costs in its installation, maintenance, and electrical'
energy required for its operation, unless other conditions are covered in
a separate agreement between the City and the State.
State's Duties
1. The State agrees to maintain normal route markers and directional and desti-
nation signs for direction of highway traffic.
2. The State agrees to maintain center line, lane line, and no-passing barrier
line stripes. Any other traffic striping desired by the City may be placed
and maintained by the City subject to the approval of the State.
3. The State agrees to maintain the pavement, base, and its support, and to
maintain the normal shoulders on those sections where there is no curb and
gutter.
3
Form 1038
Rev 9-1-53
r
NOW THEREFORE, in consideration of the premises and of the mutual convenants
and agreements of the parties hereto to be by them respectively kept and performed,
it is agreed that maintenance will be assumed by the State over the specified State
Highway routes within said cit as set out in the following provisions.
Coverage
1. State assumption of maintenance under this agreement covers the State
Highway routes and portions thereof which are listed and described as
follows:
UL #WON* to
'i
am *a ev Abe 0
2. It is mutually agree& that on the portions of City Streets listed
below, along which marked highway routes have been located as
authorized by the City, the City shall retain full responsibility
and control for maintenance, improvement, and regulation; and the
State shall not be required or obligated to participate therein,
except that the State is hereby authorized and hereby agrees to
erect and maintain normal route,markers and directional and des-
tination signs for direction of highway traffic thereon.
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3. In the event the present system of State Highway routes within the City
is changed by cancellation, modified routing, new routes, or change in
the City's corporate limits, the State shall terminate maintenance and
this agreement shall become null and void on that portion of the routes
' which are no longer routes of a State Highway; and the full effect and
all conditions of this agreement shall apply to the changed routes of
the State Highways within the City, unless the execution of a new agree-
ment on the changed portion of the routes is requested by either the
city or the State.
' General Conditions
1. The City hereby agrees and does hereby: authorize the State to maintain the
State Highway routes covered by this agreement in the manner set out herein.
' 2. It is mutually agreed that this agreement shall supplement any existing agree-
ments between the State and the City for the maintenance or construction and
' maintenance of the highways covered herein and that this agreement shall
supersede such existing agreements only in respect to points of conflict.
2
Form 1038 -
Rev. 2-1-60
Termination
1. It is understood and agreed between the parties hereto that all obligation
of the State created herein to maintain the State Highway routes covered by
this agreement shall terminate if and when they are no longer routes of
State Highways; and further, that should either party fail to properly ful-
fill.its obligations as herein outlined, the other party may terminate this
agreement upon thirty days written notice.
Said State assumption of maintenance to be effective the date of execution of
this agreement by the Highway Department.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
City of SftthlA%kO
on the t*t day of # 19 , and the Highway Department
on the day of 19
ATTEST: CITY OF
By -&,Cj lr-~L
Tit of Signing Official
STATE, OF TEXAS
I
APPROVAL RECOMMENDED: Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
District Engineer, District- policies, or work programs heretofore
appro. d and authorized by the State
Hi iss'on:
i
Maintenance Eng veer By.
.
,
Note: To be executed in triplicate C f Engineer of Maintenance
and supported by Municipal Operations
Maintenance Ordinance and
Certificate of City Secretary
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5
' Form 1038
Rev 9-1-.53
-City's.Duties
' 1. The City agrees to prohibit the movement ofloads over State maintained
streets which exceed the legal limits for designated State highways for
either weight, length, height or width except those having proper permits
' from the State for such movements.
2. The City agrees to prohibit the servicing of vehicles within the normal
width of streets and to prohibit signs, except official traffic signs,
extending into the streets beyond the curb line, except on any streets
and/or portions of streets for which an existing agreement between the
' State and.,the City specifies the control of sign location, in which in-
stances those provisions of such agreement covering control of sign location
shall remain in full force and effect.
3. The City agrees to prevent future encroachments within the right-of-way of
the highway routes and assist in removal of any present encroachments if and
when requested by the State.
4. The City agrees to require installations, repairs, removals.or adjustments
of publicly or.privately owned utilities or services to be performed in
' accord with State Highway Department specifications and subject to approval
of the State; and further agrees to pay to the State promptly the cost of
making repairs to the.subgrade or surfacing made necessary by such work
on utilities or services.
' 5. The City agrees to retain and continue the responsibility for a
11
drainage, except where participation by the State is specifically
' covered in an agreement between the City and the State, and to retain
and continue its duties of sweeping, flushing,.and otherwise keeping
the State Highway routes covered herein in a clean and sanitary condition.
' 6. It is mutually agreed and acknowledged that the City, shall retain all functions
and responsibilities for maintenance, control, supervision, and regulation
which are not specifically described as the responsibility of the State.
7. The City agrees to prohibit the planting of trees-or shrubbery or the creation
or construction of any other obstruction within the right-of-way without
' prior agreement. with the State.
8. The City agrees to continue its responsibility for proper construction,
maintenance, and control of private entrance facilities.
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Form 1037
STATE OF TEXAS
COUNTY OF Tarrant
1
I, IreneNeison
, the duly appointed,
qualified and acting city secretary of the City of Southlake
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
March i , A.D., 19 66 , at 7:30 o'clock 1"* M.
i
To certify which, witness my hand and seal of the City of Southlake
TEXAS, this due lot day of Y March , 19_j&, at
Southlake Texas.
i
1
City Secretary of the City of l
Southlake Texas
I
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ORDINANCE NO. 140
AN ORDINANCE CREATING A FIRE DEPARTMENT IN TIE CITY OF
SOUTHLAKE, TARRANT,COUNTY, TEXAS1 PROVIDING FOR OFFICERS AND
' MEMBERS THEREOF AND HOURS OF EMPLOYMENT OF FULL AND PART
TIME EMPLOYMENT AND COMPENSATION TO BE PAID= PROVIDING FOR
APPOINTMENT OF CEL13F AND OTMZR OFFICERS: PROVIDING FOR
" AUTM RtITY FOR DESTRUCTION OF BUILDINGS AND STRUCTURES IN
EMERGENCY AND IAZARDOUS CASESi PROVIDING FOR RIGAT OF WAY
AND UNOBSTRUCTED USE OF STREETS FOR FIRE APPARATUS
WMILE ENROUTE.TO FIRZi PROVIDING FOR ARREST OF SUSPECTED
PERSON OR PERSONS AND TIOSE WAO CONDUCT TIEMSELVES IN
A NOISY OR DISORDERLY MANNER, OR MINDER, RESIST OR
REFUSE TO OBEY ANY OFFICERS ON DUTY IN TIME OF FIREi
MAKING IT UNLAWFUL FOR ANY PERSON OR PERSONS NOT A MEMBER
OF THE DEPARTMENT TO INTERFERE WITM OR MINDER ANY MEMBER OR
SMPLOYYEEE OF SAID. DEPARTMENT TO NANDLE OR IN ANY WAY INTERFERE
WITH APPARATUS BELONGING TO THE FIRE DEPARTMENTS PROVIDING
THAT ANY PERSON FIRM OR CORPORATION VIOLATING ANY OF THE
.
PROVISIONS OF THIS ORDINANCE, SMALL BE DEEMED GUILTY OF A
MISDEMEANOR, AND UPON CONVICTION TMEREOF, SMALL BE FINED
IN A SUN NOT LESS THAN FIVE DOLLARS AND NOT MORE THAN
ONE HUNDRED DOLLARSf EACH DAY THAT SUCI VIOLATION CONTINUES
SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE= FURTIER
PROVIDING IN CASE OF WILLFUL VIOLATION IEREOPs THE VIOLATION
OF TIM PROVISIONS OF TRIO ORDINANCE AS A MISDEMEANOR SHALL
NOT PRECLUDE TIE CITY OF SOUTILAKE FROM INVOKING TIM
CIVIL REMEDIES GIVEN IT BY THE LAWS OF TIE STATE OF TEXAS,
BUT SAME SMALL BE CUMULATIVE AND SUBJECT TO PROSECUTION
AS IEREINABOVB PRESCRIBED FOR SUCI VIOLATION; PROVIDING
FOR ORGANIZATION OF PERSONNEL OF FIRE DEPARTMENT1 PROVIDING
FOR RELIEF AND PENSION SYSTEM AT TIE WILL OF THE CITY COUNCILi
PROVIDING FOR REPEAL OF ALL ORDINANCES.OR PARTS Or ORDINANCES
IN CONFLICT HZREWITI: CONTAINING A SAVING CLAUSE, AND
FURTHER PROVIDING THAT TIIS.ORDINANCE SMALL BECOM EFFECTIVE
AND.BE IN FULL FORCE AND EFFECT-FROM AND AFTER THE DATE OF
ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED.
WHEREAS, it is provided in Article 1069, of the 1925 Revised
Civil Statutes of Texas, being a general law relating to the operation
of municipal governments, to the effect that the City shall have
the power by ordinance to establish and maintain a fire department
within the said Cityr
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
I 1
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THAT there is hereby created and established a Fire Department
in the City of Southlake, Tarrant County, Texas.
II.
THE members of said Department shall be a Chief and
Assistant Chief of the Fire Department, who shall be appointed by
the administrative officer of the City, with the advice and consent
of the City Council, and such other officers, firemen and employees
as the City Council may from time to time determine. All officers
of the Department, ether than the Chief and Assistant Chief, shall
be elected by the'Volunteer Fire organization of the City, and such
appointments shall be approved by the City Council. The said
Chief, or in his absence the Assistant Chief, shall have immediate
direction and control of the Fire Department. subject to such
rules, regulations and ordinances as the City Council may direct
from time to time. Included in the personnel of the said Fire
Department as hereinu,provided, said Department shall contain such „
full and part time paid employees as the City Council may direct,
who shall also provide for the hours of employment of said members
and the compensation to be paid for such services rendered.
III.
t
IT shall be the duty of the Chief of the Department, or in
his absence& the assistant chief, and that of his assistants in the
order named, to see that the laws of the State of Texas, ordinances,
orders, rules and regulations as promulgated by the city council
concerning said Department and the operation thereof, are carried
into full force and effect. It will be the duty of such members
to enforce the rules and regulations made from time to time to
secure discipline in said Department. The Chief of the Department
shall have power to suspend any subordinate officers, members or
employees of the Department for a violation of such rules and
regulations, and shall upon executing any such suspension, forthwith
in writing, advise the City Council of some and his reasons therefor.
He shall diligently observe the condition of fire apparatus and
workings of said'Department at all times, and shall report in writing
at any time to the City Council and make in connection with said
equipment such recommendations as he may desire for'the efficiency
of said equipment and Department. in the absence of the Chief, the
Assistant Chief shall assume the duties of the said office of
Chief of the Department.
. IV.
IT shall be the duty of the Chief of the Department and/or
his assistants, in the order named, whenever a fire shall occur in
the City to immediately report to the place of such fire and take
proper measures for placing apparatus in the most advantageous
position. The Assistant Chief and other officers appointed
pursuant to the provisions of this ordinance, upon arrival at a
A fire shall immediately report to the Chiefj provided that in the
absence of the chief or Assistant Chief, the first officer to
arrive at the lire shall be the person in command. when superior
officers arrive at a fire, the officer.of the highest rant shall
A, beau" sole command of all other officers or members of the Department,
and all other persons who may be present at the fire. Such officer in
charge shall take proper measures for extinguishing the fire and
protection of the property, and for preservation of the laws of the
State of Texas and ordinances and other rules and regulations of
the City respecting fires.
V.
.
wpSVER any building in the city is on fire,:it shall be
lawful for the Chief, or his assistant or acting Chief, with the
concurrence of the mayor, to direct such building, or other
building, or building erection, fence or fences, which they may
deem hazardous or likely to catch fire and communicate to the
buildings, to be torn down or blown up or otherwise destroyed for
the purpose of checking or otherwise extinguishing such fire, and
that neither the City Council or any individual member thereof,
none the Chief of the Department, Assistant chief, or any member
of the Department, shall in any wise be held responsible for
the damaging of property or the destruction thereof, that may
occur by season of the attempt of the Department to extinguish
such fire.
Vl.
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ALL moving apparatus under the Fire Department shall have
the paramount right of way through all.streets, thoroughfares,-lanes,
alleys, places and courts of the City when enroute to a fire 'and
such apparatus, together with all other vehicles continuous
thereto shall take and keep to the right hand side of the street
unless the same shall be obstructed, in order to give the apparatus
Opp" of the Fire Department the unobstructed use of the streets for the
time being.
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VII.
TSE Fire Department shall have the right, in time of fire,
to place ropes or guards across all streets, thoroughfares, lanes
or alleys on which shall be situated any building on fire and at
such other points as it may deem expedient and necessary and
the members of said Department who have been assigned by the
Chief for policing,purposes shall prevent any and all persons,
except officers and members of the Fire Department and owners and
occupants of such buildings, endangered by the existing fires, from
entering the lines designated by ropes or guards.
VIII.
DL1KIpG the progress of a fire within the limits of the City
of Southlake and for twenty-four (24) hours after Its extinguishment,
it shall be lawful for the mayor, Chief of police or any,Councilman
or any policeman of the city, or the chief or any other officer
designated by the Chief in command of any fire company, to arrest
and keep in custody all suspected persons and persons who conduct
themselves in a noisy or disorderly manner, or hinder, resist or
refuse to obey any such officers while acting in the discharge of
his duty.
IX.
THE Chief of the Fire Department, or his immediate assistants,
shall be vested with full power and authority to command all persons
present at any fire in the City to assist In the discharge of any
duty under the supervision of such fire chief in the extinguishment
of same, or the removal and preservation of property, provided that
the persons shall not be bound to obey such officers unless the
officers shall wear their badge of office, or unless his official
title be known, or be made known to such persons.
X.
IT shall be unlawful for-.any person or persons not a member
of said Fire Department to interfere with, or in any manner hinder
any member, or employee of said Fire Department in the discharge
of his duties as such.
XI.
IT shall be unlawful for any person or persons not a member
of said Fire Department to handle, or in any way interfere, with
any of the apparatus belonging to or used by said Fire Department,
either at a fire or while traveling to or returning from a fire,
or w-".bile standing in the Fire Department quarters, or at any time,
unless such person or persons is requested to do so by the chief
or other duly authorized officer of said Department.
XII.
(a) Any person, firm or corporation violating any of the
provisions of this ordinance, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in a sum not less than
^ Five Dollars ($5.00), nor more than one Hundred Dollars ($100.00)=
each day that such violation continues shall constitute a separate
and distinct offense.
(b) But in case of any willful violation of any of the terms
and provisions of this ordinance, the City of Southlake, Texas, in
addition to imposing the penalties above provided, may institute any
appropriate action or proceedings in any court having proper jurisdiction
to restrain, correct or abate such violations and the definition of
any violation of the terms of this ordinance as a misdemeanor, shall
not preclude the City of Southlake from invoking the civil remedies
given it by the laws of the State of Texas, but same shall be
' cumulative and subject to prosecution as heieinabove presecribed for
such violations.
ZIII.
FOR the purpose of continuing the Volunteer Fire Department
now in existence in the City of Southlake, the members of said
• Department, for the purpose of the good order and well-being of said
Department, the maintenance of harmony therein and the full.
" promotion of said organization, shall elect such officers as may be
provided in its constitution and By-laws, for the purpose of the
administration of the said Volunteer Fire Department, and to establish
discipline and maintain perfect unity among its members, as well as full
promote the object for which the said Department was orga*izeds the
said Volunteer Fire Department shall adopt a Constitution and By-laws
which will be consistent with the laws of the State of Texas, and
ordinances of the City, which Constitution and By-laws, and amendmeents
thereto, shall be subject to the approval of the City Council, and
any member.of the said Volunteer Fire Department failing or refusing
to comply with such Constitution, laws, rules and regulations adopted
by the said Department and duly approved by the City council, after
conviction thereof in accordance with the provisions of said Constitu-
tion, laws, rules and regulations, shall forfeit all rights to
wpm participate in said Department, and activities pursuant theretos
.
a
provided that such discharged member shall have the right to appeal
from the decision of the Department, by filing such appeal in writing_,
with the City Council within ten (10) days following the rendering
of such decision, giving hi's reasons therefor, and if such reasons
are found sufficient, the City Council shall hold a hearing thereon,
and render its judgment accordingly, which judgment shall be final.°
XIV.
THE City Council shall provide each member of said Fire
Department a badge descriptive of the office in which said fireman
is serving.
XV.
THE City council, may, at its discretion, provide for the
relief of members of the Fire Department temporarily or permanently
disabled in the discharge of their duties= and shall have the right
to provide for the organization and administration of a pension fund
to provide for old, disabled and infirm members of said Department under
such system, rules and regulations as may be deemed advisable whenever
the finances of the City will justify the undertaking of this
service and subject to the laws of the State of Texas.
XVI.
TRIS ordianance shall be and is hereby declared to be cumulative
of all other ordinances of the City of Southlake affecting the subject
matter herein and shall not operate to repeal or affect any such
ordinance or ordinances except insofar as the provisions of such
ordinance or ordinances are inconsistent or in conflict with the
provisions of this ordinance, in which instance, or instances, those
provisions shall be and they are hereby repealed.
XVII.
SHOULD any section, article, provision or part of this
ordinance be declared to be unconstitutional and vbfd by a court of
competent jurisdiction, such decision shall in no way affect the
validity of any of the remaining carts of this ordinance unless the
part held unconstitutional and vOi-d is inseparable from and indispensab4a
to the operation of the remaining parts. The City Council hereby
declared that it would have passed those parts of this ordinance
which are valid and ommitted any parts which may be unconstitutional "
if it had known that such parts were unconstitutional at the time of
passage of this ordinance.
di
XVIII.
TRI8 ordinance shall become effective, and be in full
force and.effect from and after the date of its adoption and publication
as by law provided.
ZIZ.
TUN City Council specifically finds and declares that there
is no newspaper of any character published in the City of Southlako,
Texas, and the mayor is further authorised and.directed to cause a
* True and correct copy of the caption of this Ordinance, duly
certified by the City secretary, to be posted in three public places
within the City, one of which shall be at the City Rall, for
a period of ten (10) days following the adoption hereof.
r~
ADO OM this Z, J . day of March, A. D. 1966.
40 own AppROVED 8
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