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1969-04-07 CC MinutesCITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL April 7, 1969 7:30 P.M. All members of the City Council were present: Mayor Mayor Pro-Tem Councilwoman Councilmen City Manager City Attorney City Secretary Robert H. Langdon W. C. Roberts, Jr. Alma Broadhurst George G. Grimmer John D. Helms Ed Schedler, Jr. Dennis Spellmann H. Louis Nichols Ruth Ann Parish Mayor Langdon called the meeting to order. Councilwoman Broadhurst gave the invocation. Mayor Langdon turned the meeting over to the Mayor Pro-Tem and stepped to the microphone facing the Council and read the following letter: "To the City Council - Please accept my immediate resignation as mayor of this city. As most of you know my physical condition has been deteriorating for the past six months. My physician has advised me to give up some of my activities and get some rest. Since this is the only one I have except making a living, I feel it is in the best interest of my family that I resign. Sincerely, Robert H. Langdon, Mayor". A motion by Councilwoman Broadhurst, a second by Councilman Schedler, all voting "ayes", accepted the resignation of Mayor Langdon. After advice from the City Attorney on statements of the City Charter Pro-Tem Roberts became the Mayor of Farmers Branch. CANVASS ELECTION RETURNS - CITY COUNCIL - APRIL 5, 1969 Upon a motion by Councilwoman Broadhurst, a second by Councilman Schedler, all voting "ayes", a resolution was passed canvassing returns Page 78 and declaring results of an election held on April 5, 1969 for the purpose of electing Councilmen for Places 1, 3, and 5 to serve two-year terms. Results: COUNCILMAN PLACE 1 George Grimmer 1093 Ron Johnson 572 COUNCILMAN Alfred J. Korioth 1048 PLACE 3 Alma Broadhurst 613 COUNCILMAN William R. Linn 1053 PLACE 5 Roddy Johnson 608 George Grimmer having received a majority of the votes for Place 1 was declared to be elected to a two-year term. Alfred J. Korioth having received a majority of the votes for Place 3 was declared to be elected to a two-year term. William R. Linn having received a majority of the votes for Place 5 was declared to be elected to a two-year term. Mayor Roberts administered the Oath of Office to Mr. Grimmer, Mr. Korioth, and Mr. Linn. A motion by Councilman Helms, a second by Councilman Korioth, all voting "aye", elected George Grimmer as Mayor Pro-Tem. PUBLIC HEARING - ASSESSMENT OF PROPERTY IN STREET PROJECT 62 Mayor Roberts opened the public hearing. City Manager Dennis Spellmann explained to the Council the reason for assessment in Street Project No. 62 on the west end of Valley View Lane. Mr. Adair Dyer representing property owner Mrs. Tompie Dyer requested to the Council extension of time due to the hospitalization of Mrs. Dyer. Mr. Lenox Legon, an appraiser retained by the city for an experts opinion, stated that in his opinion the paving of Valley View Lane would enhance the property envolved, except in his opinion a strip of property owned by Mrs. Dyer west of the railroad tract on the north side. Mr. Ligon recommended in his opinion that some adjustment be made on this strip maybe some 25% of the assessed value . After some discussion a motion by Councilman Helms, a second by Councilman Korioth, all voting "ayes", continued the public hearing till May 19, 1969 at 7:30 P. M. Page 79 STREET LIGHTING- CHAPEL VIEW NO. 2 City Manager Dennis Spellmann explained the recommendation of the Planning and Zoning Board that the City pay for installation of street lights on metal standards with underground service located in Chapel View No. 2. Mr. Spellmann stated the estimated costs of this installation to the City furnished by Texas Power and Light are (1) For Turn Key Job-$2, 060. 00, and (2) If City Furnishes Ditch- $1,022.00. After some discussion, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", accepted the second proposal of $1, 022. 00. ORDINANCE NO. 787 - Subdivision Ordinance Amendment-Street Lighting After Council discussion on the amendment to the Subdivision Ordinance concerning the street lighting, the Council felt that 175 watt mercury vapor liminaires would not be sufficient in Commercial and other non residential areas, but 450 liminaires would be. A motion by Councilman Grimmer, a second by Councilman Korioth, all voting "ayes", tabled Ordinance No. 787 for correction to be made. PRESENTATION BY CORPS OF ENGINEERS ON FLOOD PLAIN INFOR- MATION ON HUTTON BRANCH AND COOKS BRANCH Mr. Elmer F. Cirkal presented a report from the Corps of Engineers on flood control information and offered their services on research preventing flood areas. A copy of this report is on file in the City Secretary's office. TABULATION OF BIDS - SIDEWALK PAVING IN STREET PROJECT NO. 68 Upon a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", accepted the bid of Hess Construction Company, Irving, Texas, in the amount of $17, 880. 00 out of four (4) bids for the concrete paving in Street Project No. 68. BANK DEPOSITORY BID Mr. Steve Jordan of Central Bank and Trust Company presented his bid to the Council for the bank depository for the City. After some discussion, a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", accepted the bid attached from Central Bank and Trust Company with an agreement from Mr. Jordan that the rates will be negotiated at the time of the issuance of each Certificate of Deposit. Page 80 e t,,~~AL 6 N 113 STEPHEN T. JORDAN PRESIDENT CENTRAL BANK and Trust Company Farmers Branch. Texas CH 7-1781 March 17, 1969 Farmers Branch, Texas City Council Ruth Ann Parrish City Secretary Re: Bid for Municipal Depository, City of Farmers Branch Dear Mrs. Parrish: P. O. Box 34466 Dallas 34, Toxas In accordance with your advertisement, we submit our bid as depository for the City of Farmers Branch, which shall be for the period of eighteen (18) months from the date of designation. 1. During the terms of this contract, the City will deposit all its funds and monies in the Bank except those funds and monies cov- ered under outstanding bond agreements. 2. We will accept all deposits of funds of the City without service charge. 3. We will collect any out of town collection items without charge. 4. We will furnish all necessary checks, vouchers, deposit tickets and safety deposit boxes without charge to the City. 5. We will extend to all employees of the City of Farmers Branch a "no service charge" account for their personal use. 6. The following will prevail on monies received from the City for purchase of Certificates of Deposit: Amount Term Rate $100,000 - over 90 days - over 5 11410 per annum Renewals shall be treated in the same manner. However, all maturi- ties shall not exceed the term of this contract. B Page 2 7. We will pay 4 3/4% per annum on all monies placed into an open time account. (To obtain maximum earnings, we suggest-placing all applicable funds into this account and transferring the anticipated expenditures to an operating account monthly.) 8. We will pledge securities in an amount equal to the amount of City funds on deposit with the bank for the purpose of securing the funds as provided for in Article 2560 of the Revised Civil Statutes of Texas, subject to approval by the City Council. 9. We will lend money to the City at a rate of 1% per annum above the bid rate on open time deposits. Thank you for your consideration. Yours very truly, Stephen T. Jordan President STJ/sw SALE OF BONDS Mr. Scan Hilger, of Dallas Rupe & Son, City's fiscal agent in the sale of bonds, recommended to the Council to sell only enough bonds to take the City through the next 12 months. On study of the financial reports with Mr. Hilger, the City manager reported that $1, 250, 000 would carry the City through the next 12 months. Upon a motion by Councilman Schedler, a second by Councilman Korioth, all voting "ayes", to sell $1, 250, 000 worth of bonds with recommendation from the Citizens Executive Bond Committee of evaluating the allocation of monies. The Council agreed that the City Manager should meet with the Bond Committee for discussion and their recommendation and call a Special Council meeting Monday, April 14, 1969 at 7:30 P.M.. ORDINANCE NO. 780 - SANITATION REGULATIONS After Council discussion, a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS CREATING A SANITATION DEPARTMENT; PROVIDING FOR THE COLLECTION OF GARBAGE, TRASH AND OTHER WASTE MATTER; PROVIDING FOR METHODS OF DISPOSAL OF GARBAGE, TRASH AND OTHER WASTE MATERIALS; REQUIRING REFUSE BAGS AND CONTAINERS AND REGULATING THE SAME; PROHIBITING THE DEPOSITING OF GARBAGE OR TRASH ON ANY PROPERTY WITHIN THE CITY; FIXING CHARGES TO BE MADE FOR GARBAGE COLLECTION; PROVIDING FOR DEAD ANIMAL DISPOSAL; RE- GULATING THE DUMP GROUND; PROVIDING A REPEALING CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 781 - NATIONAL ELECTRICAL CODE AND FEES After some discussion from Council and suggestion of Paul Hare, 13612 Dennis Lane, a motion by Councilman Schedler, a second by Councilman Linn, passed the following captioned ordinance; with Councilmen Schedler, Linn, Helms voting "ayes" and Councilmen Korioth, Grimmer voting "nay": AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ADOPTING THE 1969 EDITION OF THE NATIONAL ELECTRICAL CODE EFFECTIVE AS OF JULY 1, 1969; PROVIDING FOR PERMITS AND REINSPECTION FEES; PROVIDING FOR PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Page 81 ORDINANCE NO. 782 - BICYCLE REGULATIONS After some discussion from the Council, Mr. Roddy Johnson and Mr. Ken Wallace, a motion by Councilman Grimmer, a second by Councilman Helms, all voting "ayes", passed the following ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REQUIRING LIGHTS AND REFLECTORS ON BICYCLES; PROVIDING THAT RIDERS OF BICYCLES SHALL BE SUBJECT TO TRAFFIC ORDINANCES; PROHIBITING PARENT OR GUARDIAN FROM AUTHORIZING VIOLATION OF ORDINANCE; PROVIDING A FINE OR PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. LETTER FROM STATE HIGHWAY DEPARTMENT Mayor Roberts read a letter from Mr. J. C. Dingwall, State Highway Engineer, expressing appreciation to the group from Farmers Branch on the presentation of requesting access ramps to Josey Lane on I. H. 635. He stated this was going into study and this study would require some thirty days. Mr. Dinwall will keep the Council informed. ORDINANCE NO. 783 - ORDINANCE WITH STATE HIGHWAY DEPARTMENT After some discussion on an ordinance and agreement from the State Highway Department concerning the maintenance of highway routes within the City based on current policy of the State Highway Commission, a motion by Councilman Linn, a second by Councilman Helms, all voting "ayes", tabled this ordinance for further study. ORDINANCE NO. 784 - GRASS AND WEED ORDINANCE After some discussion from the Council and questions from Mr. Fred Fahland, 2846 Bay Meadows, a motion by Councilman Helms, a second by Councilman Grimmer, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PERMIT WEEDS, BRUSH OR ANY OBJECTIONABLE OR UNSIGHTLY MATTER TO GROW TO A HEIGHT GREATER THAN TWELVE (12") INCHES; PRO- HIBITING THE GROWTH OF CULTIVATED CROPS WITHIN THE RIGHT OF WAY OF ANY PUBLIC STREET OR EASEMENT; MAKING IT THE DUTY OF ANY PERSON TO CUT AND REMOVE ALL THE WEEDS, ET CETERA; PROVIDING THAT THE CUTTING AND REMOVING OF THE WEEDS, ET CETERA EVERY THIRTY (30) DAYS CONSTITUTES COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR NOTICES TO OWNERS OR OTHER PERSONS VIOLATING THE TERMS Page 82 OF THIS ORDINANCE; AUTHORIZING THE CITY TO CUT SUCH WEEDS, ET CETERA, AND CHARGE THE COSTS TO THE OWNERS OF THE PROPERTY; MAKING THE CHARGES FOR THE CUTTING OF THE WEEDS, ET CETERA, A LIEN AGAINST THE PROPERTY UPON FILING A STATEMENT WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; REPEALING ORDINANCE NO. 275; PROVIDING A SAVINGS CLAUSE; MAKING AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 785 - FIRE PREVENTION CODE After some discussion, a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE PROVISIONS OF THE FIRE PREVENTION CODE, 1965 EDITION, A.S RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION, AS AMENDED IN 1966, INCLUDING APPENDIX A AND APPENDIX B, AS THE FIRE CODE OF THE CITY OF FARMERS BRANCH; MAKING CERTAIN AMENDMENTS TO SAID CODE; REPEALING CERTAIN ORDINANCES; PROVIDING A. PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. CITY MANAGER REPORTS Mr. Spellmann presented to the Council a statement from Dallas County in the amount of $3, 506. 25 for the services of a dragline with operator on work at Rawhide and Valley View in Street Project No. 71. A motion by Councilman Korioth, a second by Councilman Helms, all voting "ayesauthorized to pay this statement out of the unappropriated Street Bond Fund. Mr. Spellmann presented the Council the recommendation of the Recreation and Activities Board of the swimming pool rates. The Board recommended that one rate of 50 per person and $6. 50 for season pass (good anytime pool is open) be authorized. After some discussion on the rates, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", authorized to sell swimming pool passes at $6. 00 and the rate of 50 general admission, regardless of age, and keep the provision of using last year's ticket books for the first 30 days of season. Page 83 ORDINANCE NO. 786 - AMENDMENT TO BUILDING CODE After some discussion on the amendment to the building code concerning hot water heaters, a motion by Councilman Helms, a second by Council- man Korioth, all voting "ayes", tabled Ordinance No. 786 for further study. J. E. BUSH PROPERTY Upon a motion by Councilman Grimmer, a second by Councilman Korioth, all voting "ayes", authorized City Attorney Louis Nichols to dismiss the condemnation suit against J. E. Bush which was a site for a future fire station. MAYOR LANGDON RESOLUTION Mr. Fred Fahland asked the Council to prepare a resolution praising Mr. Langdon on the fine and hard work he had done for the City as Mayor. Upon a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", passed a resolution thanking Mayor Langdon for the work and time spent for the City during the past year. PARK LAND - FIELD PROPERTY After some discussion on the Field property located on Rawhide Creek off Valley View Lane to Tom Field Road, a motion by Councilman Helms, a second by Councilman Korioth, all voting "ayes", authorized the City Manager to make an offer on the total track and proceed with condemnation suit if offer is unsuccessful. ADJOURNMENT Upon a motion Caja cilman Grimmer, a second by Councilman Helms, all voti ayes' , adj urned the,&eeting of April 7, 1969. Bill'' 116b-d s, Jr. ZZ~61 /W_,~ r ity Secretary 1 Page 84