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10-09-69 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_