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01.27.1972 CC Minutes547 REGULAR A'IEETING OF THE KENNIDALE CITY CO[tNCIL Jan. 27, 1972 Mayor Martin assembled the meeting at 7:35 P.M. Council members present wer John J. Biondi, Jr., Marshall Tyson, Bill Bishop and B. J. Watson; =nee Keithley being the only absentee. The minutes from the previous meetings were read and approved. Irene McDavid came before the Council in the behalf of Roy King, who is ill, re- questing a street sign on Harrison Drive and Shady Oaks Drive. Mayor Martin asked her to wiat until after the election, saying if we did merge with the City of Arlington, they would put street signs on every street. Leota Flake appeared before the Council asking the zoning on his property at 124 W. 5th St. be re2oned from A residential to E commercial for his wife's antique shop. Mr. Marshall the city attorney advised him he would have to meet with the Zoning Board and they would give their recommendation to the council and they would take action. The secretary was instructed to contact the Zoning Board and set a meeting for Monday night, Jan. 3lst. Sob Samuel was present and presented a petition with 126 signatures requesting call an election of the City of Y.ennedale consolidating with the City of Arlington. The City Attorney advised them if they had 159b of the qualified voters that voted in the last municipal election, it was mandatory to call an election. Mr. Tyson made motion to call the election as soon as possible, 2nd by Mr. Watson, 3 for one against, motion carried. Mr. Marshall advised-the Council to have the election on Feb. 26; notices would have to be posted tonight before midnight. These notices were posted in the City Dail, Buddies Super Market and Post Office at this time. Mr. Marshall read Ordinance 72-1, an election on the proposition of consolidation x~if the City of Kennedale with the City of Arlington. Ida Flake, Presiding Judge and Nettie Vick, Alternate Judge; the presiding judge shall appoint not less than two clerks. Mr. Watson made motion to adopt Ordinance 72-1, 2nd by Mr. Tyson, Mr. Bishop voted against, 3 for one against; motion carried. Mr. Marshall read Resolution 72-2, setting a public hearing on Feb. 24th proposing annexation of Joe B. Anderson property in the D4 F Scott Survey. Mr. Watson made motion to adopt Resolution 72-2, 2nd by Mr. Biondi; motion carried unanimously. Mr. Marshall asked the Council what they wanted to do of calling a General Municipal Election on April Ist. Mr. Watson made motion to call this election, 2nd by Mr. Bishop, motion carried unanimously. Mr. Marshall .informed the Council he had written the man on insurance carrier to defend Jerry Upchurch and had just received a letter saying it was the first notice they had received of the accident; since it was so long ago, refused the defense of the City. Mayor Martin said Mr. Webb told him he had notified the insurance co. Mr. Marshall said he would write them again. Ray L eMay came before the Council stating he had purchased the Bob Acton Meat Pro- cessing Co. and was opening a wholesale food store; asked permission to tear down the cow pens in the back and move a mobile home in back of bldg. to use for office space only. After some discussion, Mr. Watson made motion to grant this request temporarily for 90 days, Mr. Tyson 2nd motion. h1r. Bishop voted against, 3 for 1 against; motion carried. Mayor Martin brought before the Council a request by Mrs. Mae Pennington for adjust- ment of taxes paid for prior years on property in Estes Survey, She indicated if adjustment is not granted, suit would be filed against the City of Kennedale seeking adjustments and damages. Adjustment is claimed due to valuation for prior years. I l L 548 Munutes cont. 1-27-72 Page 2 Figures were shown to the Council by Paul Mathis, showing amount of taxes paid on property from the date property was annexed to the City to the present date. Mr. Marshall the City Attorney advised protest of taxes on basis of valuation were beyond the State of Limitations, 2 years, except for current tax year. Mr. Watson made motion no action be taken on this request, 2nd by Mr. Bishop; after further discussion Mr. Watson withdrew his motion. Council agreed to study th e request further and take up at next meeting. The Council instructed Mr. Mathis to contact Mrs. Pennington's lawyer and advise him that action would be taken on her request at the next Council meeting Feb. 10, 1972. Mr. Bgondi said we had too many delinquent water bills and something should be done about it. Mayor Martin stated Norman Burris had made a deal with some of them to make partial pay. Mr. Tyson stated he thinks this is the solution, if they are able to pay and promise to make partial pay and don't, then cut the water off. Mr Tyson made motion to adjourn, 2nd by M r. Watson; meeting adjourned at 9:20 P.M. 1 ~. (-`~, Attest ~ ~[.t~~ `~ ~" wel D. Boyd, City ecretary Approved _ . Martin, Mayor