HomeMy WebLinkAbout10-09-69 TC MinSPECIAL MEETING
OF
THE BOARD OF ALDERMEN
A Special Meeting of the Board of Aldermen of the Town of
Westlake, Texas, was held at the Guest House, Circle "T" Ranch, on
the 9th day of October, 1969, at 7:30 P. M. pursuant to a written
Waiver of Notice signed by the Mayor and each and every of the Alder-
men.
Present were Ben A. Zwald, Mayor, and Messrs. D. G. Burger,
S. B. Cathey, G. H. Harmon, Jr., A. L. Odom, and H. S. Thrasher,
Aldermen.
The Mayor called the meeting to order and announced that a
quorum existed for the transaction of business.
The Mayor then stated that the first order of business would
be to consider the adoption of an Ordinance submitted by the South-
western Bell Telephone Company which would provide, if enacted, for
an annual payment by said company of two (2%) per cent of its gross
receipts from business conducted within Westlake from the year immedi-
ately preceding in exchange for the company's maintaining facilities
within the Town's limits. Mr. John B. Moore, Manager of the Ft. Worth
Office of Southwestern Bell Telephone Company handed each member of
the Council a copy of the proposed Ordinance and then discussed it
with the Council. Following the discussion, Mr. Cathey's motion that
the Ordinance be adopted was seconded by Mr. Burger and the following
Ordinance No. 43 was adopted:
q- s/-
ORD .NANCE NO. 43
AN ORD MANCE WHEREBY THE: Town of Westlake
TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE
COMPANY AGREE THAT THE `I'ELEPI-iONE COMPANY"
SHALL C.<ONTINUE TO ERECT AND MAINTAIN ITS POLES,
WIRES, ANCHORS, CABLES, 1\4ANHOLES, CONDUITS,
AND OTHER PLANT CONSTRUCTION AND APPURTE--
NANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE
ANDUNDER ALL P(3BLfG S'T'REETS, AVENUES, ALLEYS,
PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER
REGULATIONS AID RESTRICTIONS AND THAT THE CITY"
SHALL RECEiV'E AN ANNUAL PAYMENT Al'1D THE RIGHT
TO USE CER'T.Aa11,1T FACILITIES OF THE TELEPHONE COM-
PANY, ALL AS HEREIN PROVIDED:
WHEREAS, the Southwestern Bell, Telephone Company, hereinafter
referred to as the "Telephone Company",, is now and has been engaged in the
telephone business in the State of Texas and in furtherance thereof, has
erected and maintained certain items of its plant construction in the Town of
Westlake Texas, hereinafter referred to as the "City", for many years pursuant
to such rights as have been granted it by and under the laws of the State of Texas,
and subject to the exercise of such reasonable rights of regulation under the
police power as have been also lawfully granted by and under said laws to said
City; and
WHEREAS, iE: is to the mutual advantage of both the City and the
Telephone Company that an agreement should be entered into between the Tele-
phone Company and the City establishing the conditions under which the Telephone
Company shall operate in. the City.
NOW, THEREFORE, BE IT ORDAINED BY THE Board of
Aldermen OF THE Town of Westlake TEXAS, THAT
SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
The poles, wires, anchors, cables, manholes, conduits and other plant construc-
tion and appurtenances, used in or incident to the giving of telephone service and
to the maintenance of a telephone business and system by the Telephone Company
in the City, shall remain as now constructed, subject to such changes as under
the limitations and conditions herein prescribed may be considered necessary
by the City in the exercise of its lawful powers and by the Telephone Company in
the exercise of its business of furnishing telephone service; and the Telephone
Company shall continue to exercise its right to place, remove, construct and
reconstruct, extend and maintain its said plant and appurtenances as the busi-
ness and purposes for which it is or may be incorporated may from time to
tin-ic, xeq, c alor.p, across, ora, over, through, above, and under all the public
stxeet.s, a.ve^._res, a?le,,s and public €,.r°ound.s a,! d places w4th` -i the present Iirnits
of Il-,-(- CaAy 9-nd within s :yid limits as the sante from time to t.me may be ex:tc_nded,
�sul,jec?, to the rcgel:.tion,;, limitations and ccnditi.on.s h x,eir pxescri_bed.o
SECTION 2 - SiJPFR_V1Sr0N BY C?:TY OF LOCATION OF POLES AND G03',1DUIT
All. poles to be placedsh ll. be of sound material and reasonably straight, and
shall, be so set that: they will. not interfere with the flow of water in any gutter
or drain, and so that the same will interfere as little as practicable with the
ordi_raary travel on tlhe street or. sidewalk, The location and route of all poles,
stubs, guys, anchors, condi-.its and cables to be placed and constructed by the
Telephone Company .in the construction and maintenance of its telephone system
in the City, and the location of all conduits to be laid by the Telephone Company
within the limit; of the C?ty under this ordinance, shall be subject to the r_'eason-
able ar_d proper regul=.tion, control and direct -ion of the Board of Aldermen
or of any City official to whom such duties have been or rnay be delegated.
SECTION 3 - STREETS TO BE RESTORED TO GOOD CONDITION
The surf' =ce of any street,, alley, highway, or public place disturbed by the Tele-
phone Cornpar_yr in building, constructing, renewing or maintaining its telephone
plant and system sh:a-11 be restored within a reasonable time after the completion
of the work to as good a condition as before the commencement of work and. main-
tained to the satisfaction of the Board of Aldermen , or of any City official to
whom. such duties have been or may be delegated, for one year from the date the
su.rface of said street, alley, highway, or public place is broken_ for such construc-
tion or maintenance work, after which time responsibility for the maintenance shall
become the duty of the City. No street, alley, highway or public place shall. be
encumbered for a longer period than shall. be necessary to execute the work..
SECTION 4 -- OPERATION AND MAINTENANCE OF TELEPHONE PLANT
The Telephone Com.pan.y shell maintain its system in reasonable operating condi-
tion at all. ne-°ma.l tames during the continuance of this agreement. An exception
to this cor..dition is automatically in effect when service furnished by the Telephone
Company is interrupted, impaired, or prevented by fifes, strikes, riots, or other
occurrences beyond the control of the Telephone Company, or by storms, floods or
other casualties, in any of which events the Telephone Company shall do all things,
reasonably within its power to do, to restore normal service.
SECTION 5 - TEMPORARY REMOVAL OF WIRES
The Telephone Company on the request of any person shall remove or raise or
lower its wires temporarily to permit the moving of houses or other bulky
structures. The expense of such temporary removal, raising or lowering of
- 2 -
- 14-r-y-
wires shall be paid by the benefited party or parties, and the Telephone Company
may require such payment in advance. The Telephone Company shall be given
not less than forty-eight hours advance notice to arrange for such temporary
wire changes.
SECTION 6 -- TREE TRIMMING
The right, license, privilege and permission is hereby granted to the Telephone
Company, its successors and assigns, to trim trees upon and overhanging the
streets, alleys, sidewalks and public places of the City, so as to prevent the
branches of such trees from coming in contact with the wires or cables of the
Telephone Company, and when so ordered by the City, said trimming shall be
done under the supervision and direction of the Board of Aldermen
or of any City official to whose said duties have been or may be delegated.
SECTION 7 -- ANNUAL CASA CONSIDERATION TO BE PAID BY THE TELEPHONE
COMPANY
To indemnify the City for any and all possible damages to its streets, alleys,
and public grounds which may result from the placing and maintenance therein
or thereon of the Telephone Company's poles, conduits, or other telephone"
equipment or apparatus, and to compensate the City for its superintendance of
this agreement, and as the cash consideration for the same, the Telephone Com-
pany agrees to pay to the City annually during the continuance of the agreement
a sum of money equal to two per cent (276) of the annual, gross receipts for the
preceding year received by the Company from the rendition of local exchange
telephone transmission service within the corporate lix-nits of the City. The
first payment hereunder shall be made . , 19 , and shall equal in
amount two per cent (2%) of the gross receipts received from January 1 ,
1969 , to December 31 , 1969 : and thereafter payment shall be made annually
on April 15 as herein provided.
SECTION 8 - PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY
V TiiER PtA1Yivi.i'i 1 S C.�iC .t'�T. ljJiJ'tli VF.1'VLRAL lJI'1 JYfir..l�ii.,,
AD VALOREM TAXES
The City agrees that the consideration set forth in the preceding section hereof
shall be paid and received in lieu of any tax, license, charge, fee, street or
alley rental or other character of charge for use and occupancy of the streets,
alleys and public places of the City; in lieu of any pole tax or inspection fee
tax; in lieu of any easement or franchise tax, whether levied as an ad valorem,
special or other character of tax; and in lieu of any imposition other than the
usual general or special ad valorem taxes now or hereafter levied. Should
the City not have the legal_ power to agree that the payment of the foregoing
cash consideration shall be in lieu of the taxes, licenses, charges, fees,
-3-
re rials, and O OYM rpt or frvnc}
.� (_ , ;;.esaforesaid,
lien. the City alines that
it v!i.-ll alnpi.y �-,O xnc;_ci_. of �0
p?yrne>>t as
may be neces� :.ry to the sat_�_sf ,(Jion
of the Telephone Company's
obl_gat.aons„
if any, to
pay such tare:^, licenses,
charges, fees, rantp.ls, and.
e a!;c3-nF:Pt Oi"
fx'a,nch.'ts ;
tu.x so
SECTf.ON p FA Cl_1..-: ri';.:E.S TO BE YIMNIsj r) CITY AS ADDYTIONAL
CONS''DE, R.A.TI:ON
In addition to the consideration set: forth in Section 7, the Telephone Company
shall hold itself ready to furnish, subject to the use of the- City„ such wire
space as may be required from time to time by the City unpon the poks now
owned or hereafter erected by the Telephone Company in the City for the us(:-,-
of
srof. the City's police and fire ala.rrm system, provided. that the required. wire
space shall not exceed the wire capacity of one cross arm on an-,,, one pole.
The location an the voles of this fire and police wire space shall be determined
on specific aprAlcat:_ons f.or space, at the true the applications are received
from the City, and v ill be allotted. in accordance vAth the considerations for
electrical_ construction of the United States Department of Commerce, Bureau
Df Standard,=:o lin its wizze construction on, the Telephone Company's poles, the
City will fo1.1_o,, % the suggestions and requirements laid down. for wire construc-
tion in. the Rules a.nd Regulations of the Bureau of Standards of the United States
Department of Commerce. Where conduits are laid or are constructed by the
Telephone Compan_.y, ,wird. Comp>any shall hold itself ready to furnish sufficient
duct space not to e:xceed capacity- of one duct for use by the City in carrying its
police and fire alirra wires, All such wires, v,,hether on poles or in conduits,
shall be constructed, mainta.ined. and operated in such nla.nner as not to interfere
with nor cz°ea.te undue hazyrd in the operation of the telephone system of the
Telephone Company. It is further agreed that the Telephone Company shall not
be responsible to any party or parties whatsoever for any claims, demands,
losses, suits, ju.dgwrent.s for damages or injuries to persons or property by
reason cif the con st:r :ct.soY_£ maintenance, ins=pection or use of the police and fire
alarm i= *,-.c=s belonging to the- City, and the City shrill insure, indemnify and hold
the Telephone Comjr-any h�-rmless against all such claims, losses, demands,
suits and ju.drr,.entso
SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE
AFFECTED
Nothing in this ordinance contained shall be construed to require or permit any
electric light or pon er wire attachments by the City or for the City, nor to
require or permit; any electric light or power wires to be placed in any duct
used by the City in the Telephone Company's conduits, If light or power,
attachments are desired by the City or for the City, or if the City desires to
place electric light or power wires in any duct used. by the City, then a further
4 -
- yC r
s(_p, rate° noncor)l,ngentagxeer ent shall be pre requis~.tc- to such at.tachrn.ents, or
such use of Pry duct usr:d by the City. P-lothing herein contained slia,ll obligate
or rest- �cf t)-,r`l'elepho :�e Conlpa.ny in exr rcisirn.g i-ts right voluntarily to enter
into pole ai.ta.chrnenf, pole usage-, joint ownership, and other wire space anad.
f.aciliti.es agreements vr�,th 1<.ght and power companies and with other wire using
companies `vh-ich may be p i.vil.egeed to operate within the City.
SECTION 11 m PERIOD OF TIME OF THIS ORDINANCE - TERMINATION
This agreement shall be in full. force and effect for the period. beginning with the
effective date hereof and ending twenty (20) years after August 1
1969 , provided that at the end of the expiration of the initial. period, such term
shall_ be automatically renewed forthwith for successive periods of twenty (20)
years, conditioned, however, t:ha,t if during the last four months of the initial
per-iod or of any successi.ve twenty (20) year period, not less than ninety days'
prior written notice shall be given either to the Telephone Company by the City
or to the City by the Telephone Company, setting forth the desire of the giver
of such not:*.ce to terminate this agreement, then in such case this agreement
shall terminate at the expiration of the then current period.
SECTION 12 - NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE
Nothing herein contained shall be construed as giving to the Telephone Company
any exclusive pr:uvil.Fegeo
SECTION 13 _SUCCESSORS AND ASSIGNS
The rights, pov,,ers, limitations, duties and restrictions herein provided for
shall inure to and be binding upon the parties hereto and upon their respective
successors and assigns.
SECTION 1.4 - PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any section, sentence, clause or phrase of this ordinance is for any reason_
held to be illegal, ultra vires or unconstitutional, such invalidity shall not
affect the validity of the remaining portions of this ordinance, All ordinances
and agreements and parts of ordinances and agreements in conflict herewith
are hereby repealed,
SECTION 15 - ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after the passage
and approval of this ordinance to file its written acceptance thereof with the
City Secretary, and upon such acceptance being filed, this ordinance shall
-5m
take effect and be in force from and after the dpate of its pasta ge and approval
by the Mayor and shall effectuate and mane binding, the agreeme-n-t provided by
the terms hereof.
PaDeed and approved this
Atte Et:
City Secretary
day of
Mayor
, A.D., 1969.
City Clerk
I, City Secretary of the Town of Westlake
do hereby certify that the foregoing is a true ani- correct copy of
Ordinance , passed @,nd approved by the Board of Aldermen of
at a regular meeting held on the day of , 19
In witness whereof, I hereto set my hand and affix the official seal
of the Town of Westlake thin day of , A.D., 1969.
City Secretary
City Clerk
W-19
The Mayor stated that the next matter of business concerned the
adoption of a proposed Ordinance providing for the establishment of
a planning and zoning commission for the Town of Westlake. Mr. Ben
West, an Attorney for Dallas, presented a draft of the proposed Ordinance
to the council for consideration following a full discussion of the pro-
posed Ordinance and upon motion duly made by Mr. Harmon and seconded by
Mr. Odom, the following Ordinance No. 44 was unanimously adopted by the
Board of Aldermen.
- $tsl-
TEXAS.
ORDINANCE NO. 44
AN ORDINANCE ESTABLISHING A PLANNING AND ZONING COMMIS-
SION FOR THE TOWN OF WESTLAKE, TEXAS: PROVIDING FOR THE
APPOINTMENT OF THREE MEMBERS TO SAID PLANNING AND ZON-
ING COMMISSION BY A MAJORITY OF THE BOARD OF ALDERMEN;
PROVIDING FOR THE NECESSARY QUALIFICATIONS AND TERMS OF
EACH OF SAID MEMBERS OF THE PLANNING AND ZONING COMMIS-
SION; FURTHER PROVIDING FOR THE DUTIES AND POWERS OF
SAID PLANNING AND ZONING COMMISSION; PROVIDING FOR PUBLIC
MEETINGS OF SAID PLANNING AND ZONING COMMISSION AND THE
PROCEDURE TO MAKE APPLICATION FOR ZONING CHANGES BEFORE
SUCH PLANNING AND ZONING COMMISSION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
WHEREAS, it is the belief of the Board of Aldermen of the
Town of Westlake, Texas, that by reason of its close proximity to the
Cities of Dallas and Ft. Worth, Texas and the proposed regional airport
the Town of Westlake shall be subject to substantial urban growth and
development -in the near future and that it is necessary to establish a
master and comprehensive plan for zoning the Town of Westlake in accor-
dance with the laws of this state and that no such plan now exists; and
WHEREAS, pursuant to the laws of this state, it is the desire
of the Board of Aldermen (i) to establish a Planning and Zoning Commis-
sion for the Town of Westlake so that said commission can make recommenda-
tions to the Board of Aldermen for the adoption of a master and compre-
hensive zoning ordinance for the Town of Westlake, and the boundaries
of various districts and appropriate regulations to be enforced under
said master and comprehensive zoning ordinance; and (ii) to provide for
a procedure whereby the owners of property located in the Town of West-
lake may apply for zoning changes when and if such zoning ordinance is
adopted:
NOW THEREFORE, be it ordained by the Board of Aldermen
r
of the Town of Westlake, Texas:
SECTION 1. PLANNING AND ZONING COMMISSION.
A. There is hereby created and established a Planning
and Zoning Commission for the Town of Westlake consisting of three
-(3) members each to be appointed by a majority of the Board of Alder-
men.
B. Each member of the Planning and Zoning Commission
shall be appointed by the Board of Aldermen and occupy a place on the
Planning and Zoning Commission, such places being numbered 1, 2, and
3 respectively.
C. Each member of the Planning and Zoning Commission
shall be an elector resident of the Town of Westlake at the time of
his appointment. A member of the Planning and Zoning Commission
ceasing to be an elector resident of the town during his term of office
shall immediately forfeit his office.
D. Each member of the Planning and Zoning Commission
shall be appointed for and serve for a term of two (2) years, and
until their successors are appointed and qualified.
E. Any member of the Planning and Zoning Commission
may be removed from office for good cause shown to exist after
- 2 -
a public hearing before the Board of Aldermen. If a vacancy should
exist in the Planning and Zoning Commission membership due to
removal from office, resignation, death, refusal or inability to
serve, the Board of Aldermen shall appoint a new member to fill the
vacancy for the unexpired term.
F. The Planning and Zoning Commission shall have the
following powers:
1. To recommend the boundaries of the various
districts and appropriate regulations to be enforced therein
under this Ordinance, the Charter of the Town of Westlake,
or the laws of the State of Texas to the Board of Aldermen of
the Town of Westlake and to recommend approval or denial of
zoning changes and regulations under this Ordinance, the Charter
of the Town of Westlake, or the laws of the State of Texas.
2. To hear, recommend, or determine any matter
relating to zoning, planning, or subdivision control as may be
specified or required under this Ordinance, the Charter of the
Town of Westlake, or the laws of the State of Texas.
3. To exercise such duties and powers as may be
now or hereafter conferred by this Ordinance, the Charter of
the Town of Westlake, or applicable laws of the State of Texas.
4. When acting and exercising powers under this
ordinance the Planning and Zoning Commission may be referred to
as the "Zoning Commission". When approving subdivision plats as
-3-
required by other ordinances of the Town of Westlake, the Charter
of the Town of Westlake, or applicable state law, the Planning and
Zoning; Commission may be referred to as the "Planning Commission".
G. The Planning and Zoning Commission shall select
one of its members to be the Chairman, and acting Chairman to
act in the absence of the Chairman, and a Secretary.
H. All meetings of the Planning and Zoning Commission
shall be open to the public. The Board shall keep minutes of
its proceedings showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions,
all of which shall be filed in the office of theBoar.d and shall
be a public record. The Secretary of the Planning and Zoning
Commission shall be the custodian and possessor of the records and
minutes of the Planning and Zoning Commission.
I. A majority of the Planning and Zoning Commission
shall constitute a quorum to do business, and the affirmative
vote of a majority of those attending any meeting at which
there is a quorum present shall be necessary to pass any motion,
recommendation or resolution of the Planning and Zoning Commission.
J. The Board of Aldermen of the Town of Westlake may hold
any public hearing under this ordinance or applicable state law
required to be held by the Boar;l of Aldermen jointly with any public
hearing required to be held by the Zoning.Commission, but the
I ��arr1 ,Jiall riot take any action until it has received the
ri-nal rr.,port o.f' the Zoning Commission.
K. Meetings of the Planning and Zoning Commission
maybe held as often as necessary to conduct the business
coming before the Commission at the call of the Chairman and at
such other times as the Commission may determine.
SECTION 2. APPLICATION FOR ZONING CHANGES.
A. Any person, firm, or corporation requesting a
change in zoning of any property from one district classification
to another district classification under this Crdinance shall
make an application in writing to the Planning and Zoning Commission
of the Town of Westlake requesting a change in zoning, which
application shall contain the following information:
1. Legal description of the land on which a
zoning change is requested together with the local street
address.
2. Name and address of the.owner of the property.
3. Name and address of the person making the
application, if made by anyone other than the owner, together
with a statement that the person making the application is
authorized to act for the owner in making the application.
4. District use under which the property is
regulated at the time of making the application and the District
use requested by the applicant.
5. Any other information concerning the
property as may be requested by the Planning and Zoning
Commission.
-5-
B. Upon the filing of an application for a change
in zoning with the Planning and Zoning Commission of the Town of
Westlake, the applicant shall pay to the Planning and Zoning
Commission the sum of Sixty Dollars ($60.00) to help defray the
cost of publication and mailing of notices required by this ordinance
and applicable state laws.
1. In all cases the sum of Twenty Dollars
($20.00) shall be permanently retained by the Town and shall be
used to pay the necessary administrative costs of processing the
zoning change request through the Zoning Commission.
2. Should the Zoning Commission not recommend
the zoning change and the applicant does not request in writing
that his application be forwarded to the Board of Aldermen for a
public hearing before the Board of Aldermen, then the sum of Forty
Dollars ($40.00) shall be refunded to the applicant.
3. If the zoning change is recommended by the
Zoning Commission and the case is forwarded to the Board of Aldermen
for public hearing or if the applicant requests in writing
that his application be forwarded to the Board of Aldermen where
the Zoning Commission has recommended against a change in
zoning, no refund shall be made to the applicant.
C. In the event that the Zoning Commission recommends
that a zoning change request not be granted, the case will not
be processed further and shall not be forwarded to the Board of Aldermen
for public hearing, unless the applicant shall within ten (10)
days after the date the Zoning Commission votes to recommend that
the zoning change not be granted, file with the Zoning Commission
-6-
- (469-
a request in writing requesting that the application be forwarded
to the Board of Aldermen for a public hearing and determination
of the zoning change request.
D. All applications for zoning changes where the
Zoning Commission has recommended the change in zoning requested
or has recommended a different change in zoning shall be automati-
cally processed and forwarded to the Board of Aldermen for a public
hearing and determination of the zoning change request.
E. No zoning change request on any property which
has been denied by the Board of Aldermen shall be again considered
either by the Zoning Commission or the Board of Aldermen before
the expiration of six (6) months from the date of the final
action of the Board of Aldermen.
-7-
SECTION 3. VALIDITY OF ORDINANCE.
In any section , paragraph, subdivision, clause, phrase or
provision of this ordinance shall be adjudged invalid or held unconsti-
tutional, the same shall not affect the validity of this ordinance as a
whole or any part or provisions thereof other than the part so decided to be
invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This ordinance shall ;take effect and be in full force and effect,
from and after the date of its adoption and publication as provided by law.
ADOPTED this day of A. D. 1969.
ATTEST:
City Secretary
APPROVED:
- �4 4 -
Mayor
There being no further business, the meeting was adjourned
by Mayor Zwald.
/ i e 9 e- za� � �
A. L. ODOM, Secretary
APPROVED:
- �L 6 2_