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CM 1965-03-01STATE OF TEXAS COUNTY OF DALLAS The Town Council of the Town of Coppell, Texas, met in regular meeting on the 1st day of March, 1965, with the Following members present, to-wit: W. T. Cozby, Mayor C. T. Waters, Councilman Cecil Dobecka, Councilman B. J. Harwell, Councilman J. R. McDonald, Councilman W. H. Wilson, Councilman Constituting a quorum where among the other proceedings had was the following: Travis Maynard appeared before the Couuncil and requested that the Council buy a fireman's coat in the amount of $32.12 and that he had an opportunity to buy a secondhand nozzle, that was as good as the one they had bought, for the sum of $35.00. Permission was unanimously granted by the Council. Jim Joplin appeared before the Council for the purpose of bringing them up-to-date on the Civic and Youth Center, a Jaycee project. He stated that the Jaycees were planning to build a 40' x 60' building with concrete floors, tile structure, wood frame with composition roofing For approximately $4,OOO.OOwith the contributions of materials that they had obtained. He stated that a concrete company had agreed to sell them concrete for $6.OO per yard. Mr. Joplin stated that the Youth Club of the Center would be controlled by a Youth Organization composed of high school students in the school. and chaparoned by Jaycees. Mr. Cozby stated that since the Council had discussed the disannexation of certain parts of Coppell at a previous meeting that the time had come For the Council to take action on this because he felt that it was in the interest of the majority of the people. Mr. Cozby stated that for two years the Council had tried everything possible to work with this certain area and that they had not been able to get their cooperation. He stated that he felt that it was time the Council took action on the matter. Two propositions were presented. One leaving Mr. J. R. Mc- Donald and his father within the City of Coppell and one cutting Mr. McDonald and his father out. After a lenghty discussion Mr. McDonald was asked a question as to whether he wanted to stay in Coppell. He stated that he did want to stay..in Coppell, but due to the fact that he had opposed the Council's program, he was asked as to why hle wanted to stay in Coppell. Mr.Mconald stated that he wanted to stay in Coppell to fight the program until every man that wanted out was let out. C. T. Waters made a motion that the Council adopt Ordinance No. 20 (a copy of said Ordinance is herewith attached). W. H. Wilson seconded the motion and the motion carried by the following vote: Ayes: Waters, Dobecka, Wilson Noes: McDonald, Harwell Ordinance No. 21 was presented to the Council. (A copy of said Ordinance is attached herewith) This Ordinance declared the Town's intentions to hereafter operate under said provisions of Title 28, Chapters I to 10, Inclusive, of Vernon's Revised Civil Statutes of 1925. A motion was made by C. T. Waters to adopt said Ordinance and the motion was seconded by Cecil Dobecka. The motion carried by the following vote: Ayes: Haarwell, Waters, Dobecka, Wilson Not Voting: McDonald Mr. McDonald stated at this time his intention of leaving the meeting. The Council invited him to stay, but in spite of their invitation he left. Filed with Dallas Co,Clerk March 2nd.1965 Volume 515,page 1498 Deed Records Ordinance No. 22 was presented to the Council. (A copy of said Ordinance is attached herewith) This Ordinance provides For the annual Municipal elections on staggered two year terms for Mayor and Town Councilmen and providing for one year terms for three Councilmen. Motion made by W. H. Wilson to adopt said Ordinance was seconded by Cecil Dobecka and was carried unanimously. Ordinance No. 23 was presented to the Council. (A copy o~ said Ordinance is attached herewith) This Ordinance deals with the changing of its designation From "town" to "city". Upon a motion made by ~. J. Hatwell and seconded by C.T. 'Waters to adopt said Ordinance the motion carried unanimously. A Resolution and Order for City Bond Election was presented. W. H. Wilson made a motion to adopt said resolution and the motion was seconded by Cecil Dobecka. The motion carried unimously. The following bills were presented for payment: Coppell Superette $ 9.55 Northlake Service Center 20.96 Melton Mobil Service Sta. 18.10 Irving Auto Elec. Ser. 72.09 Keller Telephone 21.30 Janesvi!le Apparel Co. 32.12 Lone Star Gas 18.97 A. P. Vanbebber 7h-72 The Council requested that Mr. E. C. Gentry instruct the Chief of Police to give the Council a speedometer reading on the Police car on the first of each month. There being no further business to come before the Council at this time and upon a motion duly made, seconded and carried, the Council adjourned. PASSED AND APPROVED this1st day of March , 1965. Read and approved this day of , 1965. ORDER OF MAYOR OF THE TOWN OF COPPELL, TEXAS WItEREAS, on this the 1 day of March , 1965, the Town Council has duly passed Ordinance No. 20 which reads as follows: "WHEREAS, there now exists within the corporate limits of the Town of Coppell, Dallas County, Texas, a Town organized under the general laws of the State of Texas, certain territory to the extent of ten (10) acres or more, which territory is contiguous to and adjoins the line of said Town of Coppell; and WHEREAS, such territory has fewer than one occupied residence or business structure for every two acres of such territory and fewer than three occupied residences or business structures on any one acre of such territory, and the said Town of Coppell desires to discontinue said territory as a part of said Town of Coppell; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS: Section 1. That the following described uninhabited territory containing ten (10) acres or more which is contiguous to and adjoining the lines of the Town of Coppell, Texas, to-wit: ALL of that certain territory located in the Town of Coppell, Dallas County, Texas, and being more particu- larly described as follows, to-wit: BEGINNING at a point in Denton Creek at its intersection with the centerline of Heartz Road having a 35 foot right- of-way if extended. The said point being in the north corporate limits line of the Town of Coppell; THENCE in a Easterly direction with the meanders of Denton Creek and the town limits to a point where the creek intersects. the centerline of Allen Road having a 60 foot right-of-way if extended; THENCE S 3° with the centerline at the said Allen Road, a distance of 4005 feet to a point in line with the north line of a one acre tract. The said point being 210 feet north of the north line of Sandy Lake Road; THENCE West a distance of 210 feet; THENCE South a distance of 210 feet to the north line of Sandy Lake Road; THENCE West with the north line of Sandy Lake Road, a distance of 1520 feet to the Southwest corner of A. R. McDonald's 3.5 acre tract; THENCE West with the north line of Sandy Lake Road; at 2131 feet, passing the centerline of DeForest Road; at 4720 feet, passing the centerline of Lodge Road and continuing in all a distance of 6817 feet the southeast corner of a five acre tract; THENCE North with the east line of the 5 acre tract, a distance of 569.13 feet; THENCE West with the north line of said tract, a dis- tance of 368.78 feet to the centerline of Heartz Road if extended. THENCE North a distance of 4052 feet with the centerline, of Heartz Road if extended, to the place of beginning, be and the same is hereby discontinued as a part of said Town of Coppell, and said territory is hereby disannexed from said Town, so that the same shall no longer be a part thereof. Section 2. That upon the passage of this ordinance the Town of Coppetl shall no longer exercise any jurisdiction or control over the above-described territory. Section 3. The fact that said territory is no longer necessary or proper as a part of the territory of said Town and should be, therefore, disannexed, creates an urgency and an emergency, which, in the interest of the public welfare, re- quires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. DULY PASSED by the governing body of the Town of Coppell, Texas, on the 1 day of March , 1965." NOW, THEREFORE, I hereby enter this Order on the Minutes of the Town Council and from and after the date of this entry, the territory above described in Ordinance No. 20 shall cease to be a part of the Town Coppell, Texas. Signed and Entered this 1 day of March 1965. W. T. Cozby, Mayor ATTEST: E. C. Gentry Secretary SANER, JACK, SALLINGER & NICHOLS R. E. L. SANER (1871-1938) ATTORNEYS AND COUNSELORS AT LAW WESTERN UNION CODE JNO. C. SANER (1874-1948) CABLE ADDRESS LL:INGER DALLAS 1, TEXAS H. LOUIS NICHOLS B. ROBERT BAKER LAWRENCE W. JACKSON TIM KIRK TOWN OF COPPELL, TEXAS March 1, 1965 County Clerk Records Building Dallas, Texas Re: Ordinance No. 21 Dear Sir: ~ Enclosed you will find a copy of Ordinance 21 which has been duly passed by the Town Council of the Town of Coppell, Texas. You will note that in accordance with Article 961, Vernon's Revised Civil Statutes, this Ordinance is signed by me, attested by the Town Secretary and under the Corporate Seal of the Town. As required by this Article, please file and record this Ordinance in the records of your office. Very truly yours, W. T. Cozby, Mayor Town of Coppell, Texas 804 enc. Before me, the undersigned authority, a Notary PubLic in and for Denton County, Texas, this day personally appeared Tom LStanford.... who, after being by me duly sworn, deposes and says on oath that he is the Manager of THE LEWISVILLE LEADER, a weekly newspaper pub- lished in Lewisville, Denton County, Texas, and that the attached Notice of Publication was published in its issue of March 4, 1965 and ...... ......and ................ and that his charges therefor at the Rate of three cents per word for the first insertion and two cents per word for each subsequent insertion if $6.64 SWORN and Subscribed to before me, this the 18th day of March A. D. 19 Notary Public, Denton County, Texas ORDINANCE NO. 21 AN ORDINANCE OF TIIE TOWN OF COPPELL, TEXAS, ACCEPTING AND ADOPTING THE PROVISIONS OF TITLE 28, CHAPTERS 1 TO 10, INCLUSIVE, OF VERNON'S REVISED CIVIL STATUTES.OF 1925; DECLARING THE TOWN'S INTENTION TO HEREAFTER OPERATE UNDER SAID PROVISIONS; DIRECTING. THAT. A COPY OF THIS ORDINANCE BE ENTERED UPON THE MINUTES OF THE TOWN COUNCIL; DIRECTING THAT A COPY OF THIS ORDINANCE SIGNED BY THE MAYOR, ATTESTED BY THE CITY SECRETARY AND UNDER THE CORPORATE SEAL OF THE CITY BE FILED AND RECORDED IN THE OFFICE OF THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. WHEREAS, the Town of Coppell, Texas, was incorporated under the provisions of Chapter 11 of Title 28 of the Revised Civil Statutes of the State of Texas; and WHEREAS, the governing body of the Town of Coppell, Texas, desires to accept the provisions of Chapters I to 10, inclusive, of Title 28 of the Revised Civil Statutes of the State of Texas; and WHEREAS, the governing body of the Town of Coppell, Texas, finds that the Town of Coppell contains over six hundred (600) inhabitants, thereby bringing it within the provisions of Article 961, Revised Civil Statutes of the State of Texas; and WHEREAS, this ordinance was submitted to the governing body of the Town of Coppell, Texas, at a regular meeting of the Town Council for its consideration, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS: Section 1. That the Town Council of the Town of Coppell finds that the Town of Coppell, Texas, contains over six (600) hundred inhabitants located within the corporate limits of the Town. Section 2. That the Town of Coppell, Texas, does hereby accept and adopt the provisions of Title. 28, Chapters 1 to 10, inclusive, Vernon's Revised Civil. Statutes of 1925 and it does hereby declare its intention to hereafter operate under the provisions of said statute. Section 3. It is directed that this Ordinance be entered upon and copied into the Minutes of the Town Council and a copy of this ordinance signed by the Mayor, attested by the City Secretary and under the corporate seal be filed and recorded in the office of the County Clerk of Dallas County, Texas. Section 4. If any article, section, sub-division, clause or phrase of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this ordinance as a whole or any part or provision thereof other than the part so declared to be invalid and unconst itut ional. Section 5. The need of the Town of Coppell, Texas, for an ordinance providing for the adoption of the provisions of Title 28, Chapters 1 to 10, inclusive, of Vernon ' s Revised Civil Statutes of 1925 creates an emergency and an urgency for the preservation of the public health, safety and welfare and requires that this ordinance shall take effect immediately from and after its passage as the law in such cases provides, DULY PASSED at a regular meeting of the Town Council of the Town of Coppell, Texas, on the 1st day of March , 1965, by at least a two-thirds vote of said Town Council with C. T. Waters, Cecil Dobecka, J. B. (Bill) Harwell and W. H. Wilson voting in favor of such ordinance and J. R. McDonald not voting on said ordinance. W. T. Cozby, Mayor , ATTEST: E. C. Gentry, Town Secretary ORDINANCE 22 AN ORDINANCE OF THE TOWN OF COPPELL, TEXAS, PROVIDING FOR ANNUAL MUN IC IPAL ELECT IONS ON STAGGERED TWO (2) YEAR TERMS FOR MAYOR AND TOWN COUNCILMEN; PROVIDING FOR.ONE (1) YEAR TERMS FOR THREE (3) COUNCILMEN ELECTED. IN APRIL OF 1965 TO INITIATE. THE STAGGERED.TERMS; PROVIDING FOR THE METHOD OF DETERMINING WHICH TOWN COUNCILMEN ELECTED IN APRIL OF 1965 SHALL HOLD OFFICE FOR THE SHORT TERM; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No.21I , the Town of Coppell, Texas, has, heretofore, accepted and adopted the provisions of Title 28, Chapters 1 to 10, inclusive, Vernon's Revised Civil Statutes of 1925, and therefore must hereinafter provide for annual municipal elections on staggered two (2) year terms for Mayor and Town Councilmen, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS: Section 1. That an amended order shall be issued, amending an order previously made by the Mayor of the Town of Coppell, calling for a municipal election to be held on April 6, 1965, for the election of a Mayor for a two (2) year term and for the election of five (5) Town Councilmen, whose terms of office shall be determined.as set forth in this ordinance. Section 2. That at the first regular meeting following the election held April 6, 1965, the five (5) newly elected Town Councilmen shall determine by lot which three (3) of said Councilmen shall go out of office in one year and which two shall hold office for two years. Section 3. That said determination by lot shall be as follows: The names of the five councilmen shall be written upon separate slips of paper and placed in a container. A drawing shall be conducted in a fair and proper manner, and the first three names drawn from the container shall be the Councilmen who will go out of office in one year and the last two names drawn shall be the Councilmen who shall hold office for two years. Section 4. That thereafter in April of 1966, the Town shall hold an election to fill the vacancies of the three Town Councilmen whose office terminates at that time, said election to be for a term of two years. That thereafter in April of 1967, the Town shall hold an election to fill the vacancies of the office of Mayor and of the two Town Councilmen whose terms of office terminate at that time, said election shall be for terms of two years. Section 5. That thereafter, the Town shall hold annual elections as provided by law electing in one year a Mayor and two Town Councilmen and in the alternate year three Town Councilmen, such offices to be for terms of two years. Section 6. The fact that the Town of Coppell, Texas', has heretofore adopted the provisions of Title 28, Chapters 1 to 10, inclusive, of Vernon's Revised Civil Statutes of 1925, requires that provisions be made for elections on staggered terms and creates an emergency and an urgency for the preservation of the public health, safety and welfare and requires that this ordinance shall take effect immediately from and after its passage as the law in such cases pro- vides. DULY PASSED by the Town Council on the 1 day of March , 1965. W. T. Cozby, Mayor ATTEST: E. C. Gentry TOWN Secretary ORDINANCE NO. 23 AN Ordinance of the Town of Coppell, Texas changing its designation from "Town" to "City". Now Therefore, Be It Ordained by the Town Council of the Town of Coppell, Texas: Section One: That from and after the passage of this Ordinance the designation of the Town will be changed from "Town of Coppell" to "City of Coppell". Duly Passed by the governing body of the City of Coppell, Texas on the 1st day of March, 1965 W. T. Cozby, Mayor Attest: E. C. Gentry City Secretary RESOLUTION AND ORDER FOR CITY BOND ELECTION THE STATE OF TEXAS CITY OF COPPELL COUNTY OF DALLAS ON THIS, the 1st day of March, 1965, the City Council of the City of Coppell, Texas, convened in regular session at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: W . T. COZBY .. MAYOR W.H.WILSON ) B. J. HARWELL ) ALDERMEN C. T. WATERS ) CECIL DOBECKA ) and with the following absent: J.R. McDonald , constituting a quorum; and among other proceedings had were the following: Mayor Cozby introduced a resolution and order. Alderman Wilson moved its adoption. The motion was seconded by Alderman Dobecka . The motion carrying with it the adoption of the ,_ resolution and order, prevailed by the following vote: AYES:Aldermen Mcdonald, Wilson, Harwell, Waters and Dobecka NOES: None. The RESOLUTION AND ORDER is as follows: WHEREAS, the City Council of the City of Coppell,Texas, deems it advisable to issue the bonds of said City for the purposes heroinafter mentioned, therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1: That an election be held on the 27th day of March, 1965, which date is not not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of this resolu- tion and order, at which election the following propositions shall be submitted to the resident qualified electors of said City, who own taxable property therein, and who have duly rendered the same for taxation: PROPOSITION NO. 1 "SHALL the City Council of the City of Coppell, Texas, be authorized to issue the bonds of said City in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000), maturing serially in such installments as may be fixed by the City · Council, the maximum maturity being not more than FORTY (40) years from their date, bearing interest at a rate not to exceed FIVE PER CENTUM (5%) per annum, for the purpose of constructing improvements and extensions to the City' s Waterworks System, to be issued in accordance with and secured in the manner provided in Articles 1111-1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, and secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System?" PROPOSITION NO. 2 "SHALL the City Council of the City of Coppell, Texas, be authorized to issue the bonds of said City in the amount of ONE HUNDRED NINETY FIVE THOUSAND DOLLARS ($195,000), ma- turing serially in such installments as. may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, bearing interest at a rate not to exceed FIVE PER CENTUM (5%) per annum, for the purpose of constructing or purchasing, improving and extending a Sanitary Sewer System in and for said City, to be issued in accordance with and secured in the manner provided in Articles 1111-1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, each bond to be conditioned that th~ holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, and secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System?" PROPOSITION NO. 3 "SHALL the City Council of the City of Coppell, Texas, be authorized to issue FIFTY THOUSAND DOLLARS ($50,000) general obligation bonds of said City for the purpose of constructing improvements and extensions to the City's Waterworks System, maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, bearing interest at a rate not to exceed FIVE PER CENTUM (5%) per annum; and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NO. 4 "SHALL the City Council of the City of Coppell, Texas, be authorized to issue FIFTY THOUSAND DOLLARS ($50,000) general obligation bonds of said City for the purpose of constructing or purchasing, improving and extending a Sanitary Sewer System in and for said City, maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, b. earing interest at a rate not to exceed FIVE PER CENTUM (5%) per annum; and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" SECTION 2: That said election shall be held at the CITY HALL, in the CITY OF COPPELL, TEXAS, and the entire City shall constitute one election precinct. SECTION 3: That the following named persons are hereby appointed officers of the election, to-wit: W.L.Rush , Presiding Judge J.R. Dobecka , Alternate Presiding Judge If the regularly appointed Presiding Judge is unable to serve at the election, the Alternate Presiding Judge therefor shall serve as Presiding Judge. The Presiding Judge shall appoint at least two (2) Clerks (one of whom shall be the Alternate Presiding Judge if the election is conducted by the regularly appointed Presiding Judge) and not more than Two ( 2 ) additional Clerks, as he deems necessary for the proper conduct of the election. ABSENTEE VOTING shall be conducted at the City Secretary's Office in the City Hall, in accordance with the provisions of Chapter 424, Acts of the 58th Legislature, Regular Session, 1963. 'Paper ballots shall be used for absentee voting. SECTION 4. That said election shall be held under the provisions of and in accordance with the laws governing the issuance of municipal bonds in cities, as provided in the General Laws of the State of Texas, and only resident qualified electors, who own taxable property in the City and who have duly rendered the same for taxa- tion shall be qualified to vote. SECTION 5: IT IS FURTHER ORDERED that voting machines shall be employed for the bond election herein ordered in compliance with the provisions of Chapter 7, V.A.T.C.S. Election Code. The voting machines shall be so arranged that the voters may cast their ballots either "FOR" or "AGAINST" the following ballot propositions: PROPOSITION NO. 1 "THE ISSUANCE OF $150,000 WATERWORKS SYSTEM REVENUE BONDS" PROPOSITION NO. 2 "THE ISSUANCE OF $195,000 SANITARY SEWER SYSTEM REVENUE BONDS" PROPOSITION NO. 3 "THE ISSUANCE OF $50,000 GENERAL OBLIGATION WATERWORKS SYSTEM BONDS" PROPOSITION NO. 4 "THE ISSUANCE OF $50,000 GENERAL OBLIGATION SANITARY SEWER SYSTEM BONDS" SECTION 6: That a copy of this resolution and order signed by the Mayor of the City and attested by the City Secretary, at the top of which shall appear the words "NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS", shall serve as proper notice of~said elec- tion. Said notice shall be posted at the City Hall and at two other public places in said City, not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in the City of Coppell, Texas, published in the City of Carrollton, Dallas County,Texas, there being no newspaper of general circulation in the City of Coppell, published in said City, the first of said publications to be made not less than fourteen (14) fulldays prior to the date set for said election. PASSED AND APPROVED, this the is t day of March, 1965. Mayor, City of Coppell, Texas ATTEST: W. C. Gentry City Secretary, City of Coppell, Texas (City Seal) - AFFIDAVIT OF POSTING THE STATE OF TEXAS CITY OF COPPELL COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day per- sonally appeared E. C. GENTRY, City Secretary of the City of Coppell, Texas, who, after being by me duly sworn, upon oath says: 1. That he posted a true and correct copy of the "NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS", hereto attached, at each of the following places: ONE COPY at the City Hall, Coppell, Texas ONE COPY at Lucky Corner Cafe ONE COPY at Melton Mobil Service Station 2. That said notices were posted by him on the 4th _ day of March, 1965, which was not less than fourteen (14) full days prior to the date of the election. 3. That all of said places are public places within the City of Coppell, Texas. E. C. Gentry City Secretary, City of Coppell,Texas (City Seal) SWORN TO AND SUBSCRIBED before me by E. C. GENTRY, this the 4th day of March, 1965. Notary Public, Dallas County, Texas (Notary Seal)