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1966-04-05 . Council Meeting, April 5, 1966 7:30PM City of Southlake Mayor Schell called the group to order. Answering roil call were Councilman J. D. Cate, W. H. Crumbaker, Earl Williams, J. L. Clow, J. J. Carliie. Several visitors were present. Among them: Fran Denton, George Peck, Jr., vice-president, Lone Star Gas Company, Fort Worth, Texas, A. E. Emmett, chief engineer, Lone Star Gas Company, Howard Moffat, G. W. Hargadine, John Quinn, J. R. Tate, Wm. F. Jackson, W. H. McAlister, Jr., Art B. Clifton, Phil Craine, Bill Enchhausen, W. N. Ratcliff, H. N. Davis, B. L. Nelson, J. P. Truelove, Keller Austin, D. C. McKee. Mr. Peck and Mr. Emmett of the Lone Star Gas Company were known to be present for a specific purpose. Mayor Schell gave them the floor to present facts „a in regard to a natural gas system for the city. The gentlemen gave an informative and detailed report and answered a number of questions. However, throughout the discussion, one fact remained. Lone Star plans at the present, did not include service to all the area of the City of Southlake; that the price to the people appeared a little expensive; that if the Lone Star system 40 w•.. was enlarged to serve all of the area, service charges would be even higher. arr There was coh3iderable time devoted to further discussion. No basic change in plan sefted available. Earl Williams closed the discussion with a motion, seconded by J. L. Clow, which carried. The motion is as follows: "Until Lone Star Gas Company presents a plan, whereby it can serve all of the people in the area at a fair and reasonable price, the City of Southlake should not grant a franchise to Lone Star Gas Company to service any portion of the area." Messrs. Peck and Emmett thanked the group for their attention and stated that a further study of the needs of the city would be made and went on their Wi way. Mr. McKee was next invited to state his business. It was known to all present 44 that Mr. McKee was the owner and operator of a well which served water to residents in Oak Knoll Subdivision of the City of Southlake; Mr. McKee made known that this was his first appearance before council and then stated his business. He asked for a franchise to continue to operate the water system in the area to serve the people who had deposited the fee to the city for the water system under consruction and the few other residents who had not made such a deposit. There was very little discussion and members of the council were not inclined favorably toward Mr. McKee's request. There had been no petition or request or discussion about this matter prior to this meeting. Members of the council Ir were of the opinion they had signed papers in connection with the government loan (non-incanbrance certificate) regarding any existing water franchise. To the best knowledge of anyone present (now serving on the city council or administrative staff) there was nothing on record in regard to a previous franchise. r r page two - council meeting April 5, 1966 7:30 PM ~ a No official action was taken on this matter. r Council next heard J. J. Carlile's report of the status of the Joe Bailey easement. On recommendation of B. L. Nelson and J. P. Truelove, council accepted the proposal that a tap be placed without charge on the line which had been run across land owned by him. Said land had been accepted erroneously as belonging to Earl W. Bailey, father of said Joe Bailey. For the record: when the plans were submitted to city secretary Nelson for obtaining easements, the first look indicated that an easement was needed for a the E. W. Bailey property. When Mrs. Nelson and W. M. Guckian surveyd the area, personally, and it was noted that only Earl Bailey would be served from , the line crossing his property, the easement was not obtained and the copy remained in the files kept by Mrs. Nelson. Mr. Bailey had stated the land s` was his and it is assumed he meant "ours" and had no intention of creating a problem. Because of the possible omission of duty on part of the city representatives and engineers, the above concession was granted. It was tr the "cheap" way out of a problem which was causing untold worry and upset to Mr. and Mrs. Earl Bailey. (Nelson) For the record: let it be further stated in connection with easements, a Quite a number were obtained--an inked in figure may be placed hereabouts. ~ with a great expense of time and trouble but little problem as most of the people were very copperative. However, it should be mentioned that Mr. virgil Cash delivered an ultimatum and held to it that the lines could not go across his property to serve his father-in-law, Mr. L. T. Cathcart, a gentleman of venerable age and great respecter of civic duty and progress. The city, at a increased cost to the system, routed the lines for this installation. (Nelson) H. W. Thrasher, owner of land on the corner of Highway 114 and County road b promised to sign the easement which would permit the city to serve Paul Crut31nger who lives on property just west of Thrasher. This was promised to the city secretary on several occasions, then to Messrs. Carlile and B. L. Nelson, in the presence of two or three other witnesses, but Mr. Thrasher refused in the final analysis. s Therefore, Mr. Paul Crutsinger has been informed that the tap for his service cannot be set until after the State has completed the widening process in that area. The engineers and construction men explained that the cost of moving b the lines would be prohibitive and Mr. Crutsinger agrees to the delay in installation. He, of course, will not be subject to the $6.50 per month revenue charge until the meter is set. (Nelson) w Mayor Schell recognized Mr. W. N, Ratcliff. Mr. Ratcliff stated briefly that members of the council were aware of his problem. It had to do with the inaccessibility of .68 acres of land owned by him, which was in the city of MPM Southlake.(FOR THE RECORD: some council members felt that it was possible that the total tract owned by Mr. Ratcliff was in the City. This represented 4.36 acres which would in all probability eventually become valuable industrial m property.) Mr. Ratcliff stated further that at the present, the cost of bringing the water service to his property across the Highway seemed prohibitive and that he had no desire to hold the City to the tacit agreement that water service would be available to any property owner in Southlake upon receipt of proper I page three--minutes of council meeting April 5, 1966, 7:30 FM W deposit, within proper time, etc* etc. This, he had done, having paid for two water meters and four fire byrdrants scootime ago* Mr. Ratcliff explained, further, that he rdalized it would be equally expensive to bring other utilities across the highway to his property. The new higher had brought about this division of his property but this had occurred before the deposits for water and fire hydrants. Mr. Ratcliff suggested that the city de-annex this property. After a lengthy discussion and many suggestions, all of which seemed unworkable, J. L. Clow made the motion that this request for de-annexation of Mr. Ratcliff's property in Southlake be granted. W. H. Crumbaker sec-ondiCthe motion, which carried, but had one dissenting vote--Earl Next came a dissossion of the disposition of the utilities (deposits) Mr. Fateli.ff had made. One fire hydrant was donated to the city (to be used by the well); the remaining three and two water taps to anyone who made a request for same through Mr. Carlile or Mrs. Nelson who had handled all applications. Howard Moffat stated that the County Fire Marshal would like to meet with the council and Mayor Schell extended the invitation for any regular meeting. Mayor Schell next called on G. W. Hargadine for a report from the Zoning I'* and Planning Commission. Mr. Hargadine read the following recommendations "Let the minutes show bhat on March 8, 19660 a meeting was held at Southlake City Hall. This was a meeting of the Southlake Zoning and Planning Coemd.ssion. The members present were Mr. Frank Croy, Mr. Howard Huntj'~W. Henry Ridings, and Mr. Go W. Hargadine. Mr. Robert McPherson presented the attached application for rezoning. After due consideration, the commission voted unanimously to recommend for rezoning as stated on the application."' G. W. Hargadine, Chairman. FOR THE RECORD: THE EXACT COPY OF THE STATEMENT AND PLAT ARE ATTACHED TO THESE MnWTES0 (NELSCK) Mr. Hargadine stated the committee wished to add as an unofficial addendum that they felt Council should ask Mr. McPherson to erect a fence around the corner of his business operations. This would serve as a screen in case the residents of the area considered the clay-tile-products unsightly or an eyesore. After general discussion, W. H. Crumbaker made the motion to approve the recomend- ation of the Zoning and Planning Commission with the addendum; that Mr. McPherson should be advised that the usual restrictions to arq commercial zoning be applied, ie., no extension of operations without City approval, and in the event of cessation of present operation, land shall revert to original residential zoning. After general discussion of the motion, and all facts being understood, J. D. Cate seconded, and motion carried. .r i~ i page four - minutes of council meeting April 5, 1966 7:30 PM Mayor Schell stated to council that Mrs. Baird had expressed willingness to issue building permits. Mr. Frank Denton had expressed an opinion favoring this arrangement. The permits would be issued in routine manner and a fee a of !5f for each transaction paid to Mrs. Baird. A motion was made by J. J. Carlile that this arrangement be made, motion seconded by Earl Williams, carried. Next came a lengthy discussion in regard to water installation in the Art Clifton Subdivision. In the final analysis, the matter was referred to B. L. Nelson and Associates and the E. L. Dalton Company* Members of the council and Mayor Schell made clear the fact that Mr. Clifton was considered to be at fault because he had failed to follow through on the r estimate dated October 5, 1965. The specific meaning was that Mre Clifton had not deposited the money called for in said estimate. Next came a discussion in regard to Town Hall meetings. It was suggested that one be arranged at the earliest possible date for the purpose of presenting to the public, the possibility of a municipally owned and operated gas system. A further suggestion included a second meeting at which time Lone Star Gas a Company officials would be allowed to present plans for service in the area. John R. Tate and Howard M. Hunter, who had been named on the Town Hall Committee, were present and agreed to arrange for the two meeting dates as aeon as the school cafetorium was available. The secretary was instructed to enlist the aid of Mrs. Lavon Baird and Mrs. Mollie Cummins in compiling a mailing list. B. Le Nelson stated his office would prepare the cards which would include announcement in regard to completion of the water system as well as set the date of the first meeting relating to the proposed gas system. 4W After the business of the HOURS had been cleared away, votes in the city gdood election held on this day, were canvassed. Results listed as followss Ito 3V aee (3) W. He Crumbaker, candidate for Place l= 108 votes; H. N. (Bad) Davis, also candidate for Place 3 14 votes; J. D. Cate for Place 4, 105 votes, R. E. Williams, Place 5, 105 votes. Oath of office was administered by Mayor Paul Schell and meeting adjourned by mutual agreement. Secretary or a i i i I Application, for rezoning : Legal description: Begining at the southwest corner of the J.W. Chivers Survey; Thence, east along the south line of said survey 1487,98 feet to a point for corner; Thence, north 1 deg. 27 min.. east 51949 feet to a point for corner; Thence east 211 ft. to a point for corner; Thence, north 1 deg. 21 min. east 6 3.38ft. to a point for corner; Thence, south 88 deg. V min.. west 807.13 ft. to a point for corner; Thence, south 4 deg. 34 min. east 113.5 ft. to a point for corner; Thence, north 84 deg. 16 min. west 230.5 ft. to a point for corner; Thence south 2 deg. 50 min. west666.6 ft. to a point for corner; Thence, north 64 deg. 51 min. west 653 ft. to a point for corner in the west line of said survey; Thence, south 1 deg. 31 min. west 500.21 ft. to place of beginning and containing 32.8 avers of land. 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