1990-01-02 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
January 2, 1990 7:30 P.M.
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty
Springer. Members: Sally Hall, Rick Wilhelm, Pamela Muller.
COUNCILMEMBER ABSENT: Ralph Evans
CITY STAFF PRESENT: Curtis Hawk, City Manager; Michael Barnes,
Director of Public Works; Karen Gandy, Zoning Administrator; R.P.
Steele, Fire Chief; Billy Campbell, Police Chief; Eddie Cheatham
City Engineer; Wayne Olson, City Attorney; and, Sandra L. LeGrand,
City Secretary.
INVOCATION: Mayor Pro Tem Betty Springer.
A work session was held beginning at 6:30 p.m. for the purpose of
discussion of the items on the agenda.
The meeting was called to order at 7:30 p.m. by Mayor Gary Fickes.
A~enda Item #2 Approval of the Minutes
The Minutes of the December 19, 1989, Regular City Council meeting
were approved, subject to the changes discussed in the work session.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Muller, Hall
Nays: None
Approved: 4-0 vote.
Agenda Item #3 Mayor's Report
Mayor Fickes announced that agenda item #19 will be moved between
items #12 and #13.
The Mayor announced that on January 11, beginning at 7:00 p.m.,
Congressman Pete Geren will be hosting a town hall meeting at the
Southlake City Hall. Congressman Geren represents the 12th
District.
Mayor Pro Tem Springer commended the Fire and Police Department in
regards to the letter which appeared in the Grapevine Sun, written
by a Careflight Attendant, as a result of a recent accident.
Councilmember Hall thanked the Public Works Department employees
for their hard work and extended hours during the recent cold
weather.
City Council Minutes
January 2, 1990
page two
A~enda Item #3 Continued
Mayor Fickes informed the audience that Vernie Henderson, Manager
of Lone Star Gas Company, met with City Council members during the
work session, to discuss the problems incurred during the recent
cold weather which interrupted service in Southlake. The letter
distributed by Mr. Henderson is incorporated into the minutes.
A~enda Item 94 City Manager's Report
Curtis Hawk, City Manager, reported on the activities which
occurred in the Water Department as a result of the recent cold
weather. He informed the City Council and Audience that thirteen
meters were reported frozen, and, sixty calls were answered from
citizens with broken water pipes in structures. There were three
minor water main brakes. Southlake experienced minor problems
primarily because the system is fairly new and we have no cast iron
pipes. Slightly over $2,000. was spent on overtime for personnel.
Agenda Item #5 Consent A~enda
The consent agenda, which consisted of item #5:
Resolution 90-01, authorization for the Mayor to
enter into an Interlocal Agreement with Denton
County for Fire Protection.
Motion was made to approve the consent agenda,
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Hall, Wilhelm
Nays: None
Approved: 4-0 vote.
as presented.
A~enda Item #6 Public Forum
No comments were received as a result of the public forum.
Agenda Item #7. Ordinance No. 480-08, 2nd reading. Zoning,' M~ry
Arnold
Zoning request for a 5.23 acre tract of land out of the Thomas M.
Hood Survey, Abstract No. 706, Tract 8H. Current zoning is
Agricultural, request is for the Residential Estates Zoning
District. Owner: Mary Arnold.
City Council Minutes
January 2, 1990
page three
Agenda Item #7 Continued
Karen Gandy, Zoning Administrator, noted that nine letters were
sent to property owners within 200'. On December 7, the Planning
and Zoning Commission recommended approval of the zoning requested.
On December 19, the City Council approved the 1st reading of
Ordinance No. 480-08, with the agreement that the applicant will
remove the existing older home, when the new home is completed.
Ms. Arnold agreed to enter into the agreement with the city.
No comments were received as a result of the public hearing.
Motion was made to approve Ordinance No. 480-08,
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, Springer, Muller
Nays: None
2nd reading.
Mayor Fickes read the caption of the ordinance.
Approved: 4-0 vote.
Mayor Fickes stepped down for Agenda item %8, as he is a
property owner within 200'
Mayor Pro Tem Springer chaired the meeting.
Agenda Ite~ %8.. Ordinance No. 480-09, 2n.d reading. C.C.Hall Jr.
Zoning request for a 3.00 acre tract of land out of the Thomas
Easter Survey, Abstract No. 474, Tract 2A4, and the Samuel Freeman
Survey, Abstract No. 525, Tracts 3Al and 3B1. Current zoning is
Agricultural, request is for the Commercial-3 Zoning District.
Karen Gandy, Zoning Administrator made a presentation, stating that
the Planning and Zoning Commission recommended that when the buffer
yards are planned, SF-1 buffering be used.
The public hearing resulted with no comments.
City Council Minutes
January 2, 1990
page four
Agenda Item #8 Continued
Motion was made to approve the
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, Springer,
Nays: None
Mayor Pro Tem Springer
Approved: 4-0 vote.
2nd reading of Ordinance No. 480-09.
Muller
read the caption of the ordinance.
Agenda Item %9, Ordinance No. 480-10, 2nd reading. Fina Oil
Zoning request for a 17.9977 acre tract of land out of the C.B.
McDonald Survey, Abstract No. 1013, Tract 3B1 and 3B2.
Agricultural to Industrial-2 Zoning District.
The zoning administrator made a presentation.
Shelley Hacker, with Fina Oil and Chemical Company, 8350 N. Central
Expressway, Dallas, was present to answer questions for the Council.
Mayor Fickes returned to the Council table.
The public hearing resulted with no comments.
Motion was made to approve Ordinance No. 480-10, 2nd reading.
Motion: Springer
Second: Wilhelm
Ayes: Springer, Wilhelm, Hall, Muller
Nays: None
Mayor Fickes read the caption of the ordinance.
Approved: 4-0 vote.
Agenda Item #10 Ordinance No. 480-11, !st reading.
Zoning request for a 33.626 acre
Decker Survey, Abstract No. 438,
Current zoning is Industrial-1
Zoning District.
Jim Rau, 2901 Valleyview,
questions for the Council.
Conoco Inc.
tract of land out of the Harrison
Tracts lB1, 1B1C, and 1B1B.
with a request for Industrial-2
Grapevine, was present to answer
City Council Minutes
January 2, 1990
page five
Agenda Item #10, Continued
Director of Public Works, Michael Barnes, noted that he and Eddie
Wilson went out and took readings, 100 foot from the flare. It was
noted that the flare has been operational for one and one-half
years, and it has the City and Environmental Control Permits.
Public Hearing:
Ed Brown, 1231 Timberline Court.
Mr. Brown noted that on January 1, about 1:30 p.m. the noise was
very loud. He knowns we need change, but he does not want any more
noise. The noise is not regular and not twenty-four hours per
day. They have had another fumes problem between December 21 and
tonight. He cannot say for sure it was Conoco but it was one of
them. He asked the City Council to look at this before they issue
Industrial-2 Zoning on the property.
Councilmember Wilhelm noted that having the Industrial-2 Zoning on
the property, will give the City Council more control.
Councilmember Sally Hall asked the purpose of the flare.
Public Hearing closed.
Mayor Fickes remarked that the other two terminals have expressed
an interest in working with the citizens and he hopes Conoco will
too. The staff will continue to stay on this problem and as long
as the problems exist.
Motion was made to approve Ordinance No. 480-11,
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer
Nays: Hall, Muller
Mayor Fickes voted in favor of the motion.
1st reading.
Mayor Fickes read the caption of the Ordinance.
Approved: 3-2 vote.
Councilmember Hall stated her "no" vote, reflects that
we need a solution to these problems.
Mayor Pro Tem Springer stated that her "yes: vote, does
not reflect that she is in favor of the noise.
City Council Minutes
January 2, 1990
page six
Agenda Item #11 ZA 89-70, Final plat of Hershaw Estates
The final plat of Hershaw Estates was presented. The property, a
5.475 acre tract of land is out of the Francis Throop Survey,
Abstract No. 1511, Tracts 3A1E2A, 3ALE2, and 3A1E2A1.
Karen Gandy, Zoning Administrator made a presentation stating the
property is located approximately 400 feet south of Dove Road.
1821 Sunshine Lane.
Melvin Hershaw was present to answer questions for the Council.
Motion was made to approve ZA 89-70, final
subject to the items in the Cheatham review
Motion: Muller
Second: Springer
Ayes: Muller, Springer, Hall, Wilhelm
Nays: None
Approved: 4-0 vote
plat of Hershaw Estates,
letter.
Agenda Item ~12 ZA 89-74, Final plat of SouthView, Phase 1
A presentation was made by Karen Gandy, Zoning Administrator.
John Levitt, Levitt Engineers was present for the meeting to answer
questions on the final plat. His office is located at 726
Commerce, Suite 104, Southlake, Texas.
Levitt stated they have no problems with the Cheatham review letter
dated December 15, 1989. They ask that the appropriate right of
way access to North Carroll Avenue, be dedicated as a requirement.
Motion was made to approve the final plat with the following
proviso:
1) the plat be signed by Mr. McHale.
2) that SouthView Drive, 50' right of way,
extended through to Carroll Avenue is dedicated to
the city.
3) that the plat is in compliance with Cheatham
letter of 12-15-89.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Muller, Hall
Nays: None
Approved: 4-0 vote.
City Council Minutes
January 2, 1990
page seven
Agenda Item 919. Waiving Plating Requirements for C.J. Brewer
The City Manager, Curtis Hawk, explained that in November, 1987,
the City of Southlake purchased a five acre tract of land out of a
larger tract of land for a water tower site. When the city
purchased the land, we got a 30 foot roadway easement and 15 foot
utility easement.
Mr. Brewer lives on the existing property, and also has another
home on the back of the property. It was established that this
property was annexed into the city in December, 1988. Although it
was purchased before it was annexed, the property still should have
been plated under our Subdivision Ordinance and the State
Statute. By dedicating the roadway to the city, the City would
agree to maintain the gravel road in its current condition. The
City would work to have the road paved by the developer in the
event that the property is further devided and developed. Mr.
Brewer needs a letter from the city saying the city will maintain
the road. The City Manager feels that, 1) if he would dedicate the
land as roadways, then it would give the city the right to do some
things, and, 2) all the city needs is a plat.
After discussion, motion was made to require Mr. Brewer to
a plat of the property he owns, with a 50' dedicated right
The city would waive the plating fees. The city would draw
plat of the property we own. Both documents would be filed.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Hall, Muller
Nays: None
Approved: 4-0 vote.
present
of way.
up a
A~enda Item #13. Ordinance No. 483, 2nd readin$.
Control
Subdivision
A discussion was held in regards to the subdivision control
ordinance presented this evening.
Motion was made to approve the 2nd reading of Ordinance No.
Motion: Hall
Second: Muller
Ayes: Hall, Muller, Springer, Wilhelm
Nays: None
483.
Mayor Fickes read the caption of the ordinance.
Approved: 4-0 vote.
City Council Minutes
January 2, 1990
page eight
Agenda Item #14, ordinance NO. 494, 2nd reading.
Perimeter Roads.
Pro Rate Fees,
The City Council discussed the Pro Rata Fees, for Perimeter Roads.
The public hearing resulted with no comments.
Motion was made to approve the 2nd reading
Pro Rata Fees, for Perimeter Roads.
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Springer, Wilhelm
Nays: None
of Ordinance No. 494,
Mayor Fickes read the caption of the ordinance.
Approved: 4-0 vote.
Agenda Item #15, Ordinance No. 493, 2nd reading.
for Off-Site Sewer.
Pro Rata Fees
The 2nd reading of Ordinance No. 493, pro rata fees for
sewer was discussed. The public hearing resulted with no
from the audience.
off-site
comments
Motion was made to approve the 2nd reading of Ordinance No.
modified this evening.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, Springer, Muller
Nays: None
493, as
Mayor Fickes read the caption of the ordinance.
Approved: 4-0 vote.
Agenda Item #16. Accepting Copier Bid/Awarding Contract
City Manager, Curtis Hawk, explained to the City Council that the
city has advertised for bids for the purchase of two copiers for
city hall. He added, that two bids were received; from Southwest
Office System and Lanier World Wide Inc. Lanier was low bidder,
with the best buy back provision. The total cost is less than
budgeted this year. The new contract with Lanier is much more
favorable to the city than is Southwest Office System.
Mr. Hawk recommended to the City Council that the low bid from
Lanier be accepted and he be authorized to enter into an agreement.
City Council Minutes
January 2, 1990
page nine
Agenda Item #16 Continued
Motion was made to accept the low bid from Lanier for two copiers.
Motion: Wilhelm
Second: Muller
Ayes: Wilhelm, Muller, Hall, Springer
Nays: None
Approved: 4-0 vote.
Agenda Item #17. Colleyville/Southlake Sewer Agreement
The City Manager, Curtis Hawk, explained to the City Council that
no new information has been received from the City of Colleyville,
in regards to an agreement between the two cities for sewer.
Therefore, no action was taken on the matter this evening.
Agenda Item #18. Water Rates
Curtis Hawk, reminded the City Council that during the Budget
process, he mentioned that in January, the city would need to take
a look at a water rate increase. The problem is compounded by lots
of things, including operating expenses and the 48% increase in the
price we pay for surface water from City of Fort Worth.
The City Manager asked the Council to take the information provided
in the packets, look at it and he will bring the item back on the
next Council agenda. The informational packet is incorporated into
the minutes.
Motion was made to table any action on the proposed
increase, time certain January 16 City Council meeting.
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Hall, Wilhelm
Nays: None
Approved: 4-0 vote.
water rate
Agenda Item #20. Executive Session
Mayor Fickes announced that the City Council would be
executive session pursuant to V.T.A.S. Article 6252-17,
(e), 2(f), 2(g). Refer to posted list of litigations.
going into
Section 2
Council adjourned to executive session at 11:05 p.m.
Council returned to open session at 12 midnight.
City Council Minutes
January 2, 1990
page ten
Agenda Item #21 Action Necessary
No action was taken as a result of the executive session.
Agenda Item 922 Action Necessary
No action was taken as a result of the executive session.
Agenda Item 9 23, Resolution 89-68. Appt to Capital Improvements
'Committee
Resolution 89-68, appointment to
Committee was approved, with the
to the committee:
a Capital Improvements Advisory
following persons being appointed
Barry Emerson
Kurt Miller
Paul McCallum
Stephen Apple
Joe Wright
Ernest Johnson
Bob Hopkins
Bruce McCombs (alternate)
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Wilhelm, Springer
Nays: None
Approved: 4-0 vote
City Council deems that they have met the 40%
requirement with the appointment of the committee.
Agenda Item ~24, Adjournment
Motion was made
meeting.
Motion: Wilhelm
Second: Muller
Ayes: Wilhelm, Muller,
Nays: None
Approved: 4-0 vote.
and approval given to the adjournment of the
Hall,
Springer
Mayor of Southlake
THE STATE OF TEXAS
C COUNTY OF . 7 - 191-2Ax- 7 *
I, 6:74 F7��� as a member of the (/•'6 /
make this ffidavit and hereby on oath state the following: I,
and /or a person or persons related to me, have a substantial
interest in a business entity that would be peculiarly affected by
a vote or decision of the as
those terms are defined in Chapter 171, Texas Local Government Code.
The -bu-si entity is /5 lj , / K " ni A /
(name and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
Ownership of 10% or more of the voting stock or
shares of the business entity.
,) Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
Funds received from the business entity exceed 10%
, . of gross income for the previous year.
Real property is involved and
V have an equitable or legal ownership with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with the City Secretary, I affirm
that I will abstain from voting on any decision involving this
business entity and from any further participation on this matter 6
whatsoever.
Signed this _ day of ,AI „x,1 , 199 6
ignature of official
/ 4-7 ia---
Title
BEFORE , the u dersig d authority, this day personally appeared
AA �( ,' and on oath stated that the
facts a eina ove state are true to the best of
7
knowledge or elief. ;k
Sworn t and subscribed to before me on this day of
/f'l�tf /LLB , 19 70 .
�•ac►a ..alp
IVatarY o ary Public in and for
S taTE OF TEXA the State of Texas
4 ,,r, t1
My . E* vv"- C / My Commission Expi
, �6 rld t Ad , Le
Type /Print Notary's Name
4 ;,/ 4/ 9.
4
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/1 A /79 d
Lone Star Gas Company
V. R. HENDERSON
Manager 173 Highwoy 114 West • Gropevine, Texas 76051
January 2, 1990
Mayor Gary Fickes
City of Southlake
667 N. Carroll Ave
Southlake, Tx 76092
Dear Mayor Fickes,
The recent gas outages in Southlake on December 22nd and 23rd was most
unfortunate for our customers and caused undue hardship on them. Lone Star
Gas Company sincerely regrets the outages and will strive to improve our gas
supply to Southlake.
Some of our fortification work is already in progress and some has al-
aW 0 ready been completed. Listed below is our plan of action.
Work in Progress - Replace major feed line from Grapevine measuring
station west in Dallas Rd to Hwy 114 with 8" IP Poly - This line when
completed will provide additional gas supply feeding north to Roanoke
Dove Rd and west to Continental Blvd.
Install - 3400 ft 8" poly northeast in Hwy 121 - Northwest in Grape-
vine Parkway and west in Mustang to present 6" dead end. This add -
"'.,' itional line will provide gas into Southlake through 114 connection
and Continental Blvd connection at South Kimball.
Completed - 2500' of 4" to tie in two dead end on Hwy 1709. This
connection allows for additional gas to feed either direction on
Carroll Rd and Kimball Rd north to the low pressure areas.
Action plan - 1. Install charts on Burney Lane to monitor pressure
to determine fortification requirement for the area.
Action plan - 2. As Hwy 1709 is widen the existing mains will be re-
placed with 8" HP from Keller Station to Hwy 114 in Grapevine. (est-
imated 1991 -1992) This line in combination with transmission forti-
fication of C -10 -4 should supply the necessary major feed for the
further growth of Southlake.
As we go about evaluating our total system, let me assure you again
son
that we are concerned and will strive to meet what Southlake expects of
our Company. However, most of the problems we experienced on December
a
r
22nd and 23rd occurred because of weather conditions below the norms that
caused all the gas fired heating equipment throughout Texas to be on at
the same time without cycling off. Had the wind chill factor been less
severe, our outages would have been much less.
We again apologize to our consumers and to the City of Southlake for
the undo hardship caused.
:;11t,22:2:)
V. R. Henderson
xc: Councilmembers
City Manager
1
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6
- - _ City of SuuthIake, 1 exas ,/ ‘,. / !
um i
Ili e .1°-Cl i i . I
aeo M E M () 1; A h 1, Il M .'
1)ecem}u•r 12, 198`)
ill
ii TO: Curti E. Hawk, City Manager
FROM: Michael H. Barnes, Public Works Director
SUBJECT: Water Pates
The City of Fort Worth has once again: raised their water
Il
ill rates effective October 1, 1989.
Table 1, attached, compares Fort Worth rates to Southlake's
"4 rate from Fiscal Year 85 -8E to present. This comparison
iti points out that while Fort Worth has raised their rates
approximately 48% from FY85 -86 to FY89 -90 the City of
Southlake has not raised their rates at all for the same
ail time period.
Table 2, attached, compares the City's net income for the
same time period and shows a stead: decline ir net revenues
with a net loss in FY87 -88 of $20,119 and a projected net
loss of approximately $247,779 for FY88 -89 (Revenues and
Expenses for FY88 -89 are estimated).
ii
The reasons fcr the :esses accelerating are
Ii
iii 1.
The water. sales for F'Y85 -89 were less t.?, .,
projected.
'I 2. The City of Fort Worth has raised their rates
ii twice since FY86 -87 while the City of Southlake
has not raised their rates at all.
Il
3. The City has greatly increased their bond
indebtedness through additional infrastructure
(20" water line and two 1.5 million gallon
1 elevated storage tanks).
di
4. Development has not occurred as fast as debt has
m, occurred.
it
Consequently, it is necessary to increase water rates as
I expeditiously as possible until a water" rate study, can be
performed.
4
The methodology used to estimate low much the water rates
needed to }�c raised to maintain positive cash flow is as 0 s follows:
.ii
.14 A/ (..--
Pr
lik
Curtis F. Hdwl'.
Deccmher 13, 1989 r"
Page 2 b
r
1. AF Sun that i he C i t y \•J 1 1 raise 1 h( i r water rates
enough to produce a zc21 riet i nc<mic until a water
rate study can be performed.
2. Project as practical as possible the water 6
revc,ucr for FYR9 -90. This figure was calculated
Ly averaging the projected budgeted revenue amount r
($1,763,130) tor FY89 -90 and the estimated revenue b
amount ($1,441,332) for FY88 -89 which equals
$1,602,231. r
3. To figure the percentage needed to raise, existing it
rates to produce a zero net income divide the
projected net income loss of $267,79 by the fr
projected water revenues of $1,602,231 or 15% r
increase in rates.
p
4. The last column under Southlake Water Rates on
Table 1 lists the proposed rates. Belo;-: is a
comparison of the proposed rates versus the r
existing rates for different volume users-
Usage Existing Proposed
(gals.) Pate Pte A^
i I b
10,000 j $ 39.20 ! $ 45.08
20,000 $ 63.20 ; $ 72.68 P
50,000 $135.20 1 $155.48
100,000 $255.20 $293.48
Attention is drawn to the fact that the rates are being_
raised as an interim measure until a rate study can be ito
performed and to insure that the City is not continually
loosing money in selling water.
Al74e 111
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City of Southlake, Texas
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M E M O R A N D U M ill
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December 28, 1989
TO: Curtis E. Hawk, City Manager
j FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Interlocal Agreement for Fire Service
mg Denton County
ad
On December 14, 1989, Mayor Fickes received the attached
information from Denton County Judge Vic Burgess. The
Interlocal Agreement for Fire Service is to be effective for
the year 1989 -1990.
This is a standard agreement, renewing an existing
agreement. I have forwarded a copy to the Fire Chief and he
has no problem with this document. The amounts have changed
however, with the 1988-89 agreement showing payment to the
City of Southlake as $5,000. with $85.00 per call as opposed
to the Fiscal Year 1989 -90 agreement showing payment to the
dr City of Southlake as $4,750. with $80.75 per fire call.
i If you have any questions, I will assist in answering your
questions.
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