Loading...
Min 11/27/1979 359 Wichita Falls, Texas Memorial Auditorium Building November 27, 1979 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Jim Thomas Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Curtis Smith Absent Raymond Adcock Absent The 'Invocation was given by Alderman Thomas. Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3571 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3571 be passed. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Hampton, and Thomas Nays: None Item 4b Alderman Traywick inquired if the City could declare a moratorium on building and drilling permits for sufficient time to study the effect of the Bel Air problem? City Attorney H. P. Hodge, Jr. stated that under the circumstances, he felt they could. Alderman Thomas noted that we are involved with the citizens of Bel Air, but not with the West Company and Mr. Dennis. Clyde Filimore, Attorney for Mr. Dennis, stated that at the hearing before Judge Nelson on the 20th, the permit was introduced into evidence. Judge Nelson has not ruled whether he should issue an injunction against the Dennis Company to prevent further construction in Bel Air because he felt this was the burden of the City Council with reference as to what is best for the City and the residents in the Bel Air addition. He stated it is his opinion that the responsibility of determining whether there should be any more oil and gas drilling in Bel Air is not the responsibility of the District Court in Wichita County, but of the City Council in Wichita Falls. He does not think any District or Appellate Court will take away from the City Council what it has accomplished after a hearing. Jack Banner appeared as Attorney for the citizens in Bel Air Estates. These are the people who are caught in the middle, and whose daily lives are being affected by the consequences of this feud. The Court deferred any action last week, and will not return to Wichita Falls until next Monday. An initial hearing cannot be held in court until sometime in the evening after regular court hours until sometime next week. The West Company wants to drill two 5000 -Foot oil wells. It will take a large rig, ponds, pits, and large mechanical equipment, as well as the noise, dust, dirt, and the general turmoil which it creates. He stated that 360 Item 4b, cont'd. this would seem to constitute an attractive nuisance. He mentioned the danger of explosion, and fire hazard. What kind of safety regulations will be in force and effect? It is the Council 's responsibility to be concerned with the safety, health, and welfare of its citizens. There are no fences yet, and there is open storage of chemicals in the area. The Council was elected to be the shield of its citizens. He believes the Council has the right to revoke the drilling permit under Sections 2-4 and 21-12 of the Code of Ordinances as an administrative act which was done without hearing and consideration of the safety, health, or welfare of the citizens. He suggested appointment of a study commission or panel to come back with a model ordinance which sets out the rights of the oil operator, land developer, and its citizens. He wondered if anyone had talked with the fire marshal and fire chief about material dangers? Sometimes for the public good and welfare, any business may be called upon to conduct that business with restraint. He would hope that an ordinance drawn would provide for granting of a permit only after a hearing involving necessity, a better way of obtaining production, and the impact on the established community. Something of this import should not be an administrative act. He asked for prevention of harm against the public. He feels this can only be accomplished by the suspension of drilling permits until such time as they have a reasonable and sound ordinance based on thought that has a qualitative process of granting a permit. Lonnie Morrison, attorney for the West Company, stated that the rights of the West Company, who are also citizens of this town, the rights of the people who live in Bel Air, and the rights of the Dennis Company involve more than a city ordinance. These rights are also set out in state law. Granted rights under a state law cannot be taken away by city ordinance. He stated that this is not the place to resolve this controversy between Mr. Dennis and the West Company. Mr. Morrison further stated that the West Company desires to drill two new wells. If he had not introduced the permit into evidence, the Court would have enjoined the drilling of these wells because it did not have a permit. Mr. Dennis asks that the Council suspend or revoke this permit. If they do this, the Court will say that they can' t drill without a permit. This would enhance their position in the Court House. The Court has enjoined Mr. Dennis from any further construction in Well No. 6 area, or on any lots nearby. At the second hearing Mr. Dennis sought an injunction to prevent the West Company from drilling the well . The Court did not grant an injunction at that time. Until it is granted, there is no injunction against the West Company. The Court has not found that it needs to step in and prevent the drilling of this well . The action the Council is being asked to take now would have the effect of interfering with the just determination in the Court House the rights of these parties. The property rights and the requirements for drilling a well have been complied with. They recognize the applicability of this ordinance to the drilling of a new well . Insurance coverage has been had for many years in connection with this operation. All of the provisions of that ordinance will be complied with. The ordinance has been declared to be superficially considered. When the Council passed it, they must not have thought so. He stated that he is mindful of the difference between the residents of Bel Air and two business entities, but they are not victims. The West Company drilled these wells in 1954-55. They were producing when Mr. Dennis purchased the property. The permits which the West Company must have to drill a well include permits from the City of Wichita Falls and the Texas Railroad Commission. The Railroad Commission permits were granted in June 1978 and extended in June 1979. The West Company has taken other action so that the people who look at this property know that the wells are there. The deeds from the Dennis Company to the homeowners show that it is subject to mineral rights of an oil and gas lease. A Public Notice of Rights concerning the oil and gas lease in Bel Air Addition has been filed in the County Court House. Realtors are required to furnish this to those they talk to about purchase of lots in this area. The kinds of problems are set out in this document which they are complaining about now. The residents who filed the lawsuit live primarily at the far end of Del Rio Street. It appears that the Dennis Company proposes to build more houses closer to the new wells. If the people who bought these lots did not know about it, it is the fault of someone else other than the West Company. They were legally put on notice by the filing of this Notice of Rights. There is no reason for this Council to alter in any way the existing permit. To do so will sidetrack and prevent the full adjudication of these property rights in Court. These homeowners have also filed a suit against the West Company. The rights to be determined are not simply rights under a city ordinance, but rights under state law. There has been no indication by the Court that this is the 361 Item 4b, cont'd. responsibility of the City Council . In fact, the City has done everything it is supposed to do in connection with a matter like this. The ordinance has been written, and has been fully complied with. There is no reason at this time for the City to do anything that would interfere with the prompt and ,judicious matters of the Court. To make any interference would be highly improper. In connection with the existing wells, the West Company intends to fence these wells. The electrical extension has not been made to the wells as yet, but he understands that a deposit has been made by Mr. Dennis with Texas Electric for that purpose. The battery tanks are not applicable under the ordinance. They do want to try to resolve these problems. He distributed a letter to the Council from the 'Jest Company showing when their operations are scheduled to begin. They do intend to fence these wells, and hope the homeowners work with them in this respect if there is any judicial interference. The flow lines will be buried in a location where they will never be interferred with after they have an easement reasonable in total distance requirements, streets, and alleys to be closed, etc. If this is not attainable, they will seek judicial help in this matter. They will electrify Well No. 4 when electrical power and a transformer have been placed in that location. They do these things because they are willing to go part way, and do virtually everything that these people have complained about, and ask that the Council and citizens show the same spirit of cooperation, and not take any action on what is before the Court. Alderman Traywick inquired about the type of fence to be constructed. Mr. Morrison explained that it will be a six foot or more high chain link fence, with steel posts set in concrete, with a locking gate. Each fence will stand alone for each well , and will be of size sufficient to allow the operations to be self- contained within that fence. An oil and gas lease has the right to use as much of the surface as is reasonably required in order to explore and develop the minerals. Alderman Thomas inquired of their intentions of electrifying Well No. 2. Mr. Morrison stated that they plan to do it when electrical power and the transformer have been extended. Alderman Traywick asked if it is their intention to comply with Ordinance No. 1666. Mr. Morrison stated they would, with one exception. If property is annexed after the wells are there, and if the City should require electrification of these wells, it would be at the City's expense. They do not believe the ordinance to be applicable to past operations. The oil and gas lease which existed on the property prior to purchase by Mr. Dennis or any property owner, contains an easement for the running of pipes, lines, etc. The cost of all but the electrical is not an enormous expense. They have sued Mr. Dennis for determination of rights to drill . This is not an expense the City of Wichita Falls should have to bear. Mr. Dennis purchased the property knowing the oil and gas lease was there. If the City Council gave instructions to the Planning Board as to development of land where there is an oil and gas lease, this might be a creative area to look at. Alderman Hampton asked if the West Company is willing to hold the City of Wichita Falls harmless against electrification of these wells? Mr. Morrison stated that it would be, as long as the City of Wichita Falls does not require electrification until someone provides the power to those well sites. He estimated the cost of electrifying these wells is approximately $25,000. The cost would be less if the lines are straight. Alderman Thomas inquired at whose expense is power brought into a subdivision? City Manager Gerald Fox stated it is generally the expense of the utility company, as long as it is a step by step extension. There is a good possibility that the developer, or someone, would have to pay for a part of this extension because it is an unusual situation. If Mr. Dennis believes this to be such a problem, then he can show faith by extending the electrical service so they can hook on to it. The City Manager inquired as to flow lines. Would the West Company be willing to comply with the plat? Mr. Morrison stated they would be willing to give credence to that. With respect to the fencing, the plats do not allow adequate space. He believes he can fence the Well No. 2 location without interferring with an alley. Mr. Morrison stated they are willing to cooperate as far as is reasonable. He requested the Council not get involved in something which is unnecessarily going to affect the prompt operation in the Court House, but to leave that function to the Court. 9 362 Dub Dennis appeared as developer of the Bel Air Addition. He stated that last week here they asked them to not do anything. The West Company took their permit to the Court and injected it into evidence. He stated that he heard the Judge say that it should be something the City Council of Wichita Falls decides. The Judge has enjoined them against building houses, but it is a temporary injuction. He stated that he would go along with Mr. Traywick's suggestion of no drilling or house building in that area for 30 days. Home building is one of the most controlled businesses in the city. He feels they have the same kind of position to take as far as the oil business is concerned. Ordinance No. 1666 was passed in 1953. There has been no activity under this ordinance. The people in Bel Air thought there was an ordinance that would take care of this situation. He stated that Mr. Hodge and Mr. Lillard felt that the ordinance did not have enough teeth in it, but in 1977 Mr. Lillard thought it had enough teeth to put the West Company on notice to comply with it. Bel Air Addition started in 1961 . They came to the Planning Board with a master plat which lasted until 1975, when some changes were necessary because of the Kell Boulevard project. It is something the West Company can take to show where flow lines will go. He stated that they tried to get the West Company to move the flow line. They would not do it, nor would they permit them to do it. The Public Notice which Mr. Morrison read was an instrument filed in a law suit, which they thought would be to their benefit. It did not keep them from developing his property. He stated that Mr. West testified in Court that he would fence 100 to 150 feet around those wells. That is very expensive land, but there has not been an attempt on their part to fence around alleys, etc. He stated that until someone said don't drill a well out there, Mr. West was not willing to do anything. Mr. Dennis stated that he agreed to extend power to the well site. He contacted Texas Electric about extending that power. When it is in addition to house power they do call for a partial payment of expense. He took his check to them. They did not start any construction. Fie stated that they need an application from Mr. West saying that he would use this electricity when the lines were extended. Mr. West told them he did not want this extension, but his check is still on deposit with Texas Electric. He is not in agreement with Mr. Morrison's statement that he will extend it at his expense unless they are willing to maintain what they have already done. Mr. Dennis stated that in 1961 the prevailing rate was $1 ,500 per acre. He paid $2,500 per acre for the land, so he did not get any discount. The laws on the other side are just as voluminous as those Mr. Morrison quoted. The boondock area is not developed, but it was a farm with areas where wheat was growing not over eight years ago. It has trees on it, so the kids in Bel Air take advantage of playing on it. The wells are in that area, and it is a hazard to their play. He stated that he is 100 percent for anything which would benefit the citizens of Bel Air. The drilling permit which was issued is a new problem. This is the only thing that they are asking the Council to address. Because the City department was trapped in not being able to not issue it, they are asking the Council to revoke it. He stated that the Judge has asked the City Council to act. During the years since 1953, there has been a complete reworking and updating of the code under which we develop land, and build houses. A fee was set in 1953. All other fees have gone up. Insurance requirements are completely outdated. This ordinance is outdated, and should be brought up to date. He suggested revocation of building permits and drilling permits for 30 days. It might solve their problem. He suggested that the Council could write into an ordinance the conditions under which the staff could issue a permit, and the Council 's authority as well . Russell Detwilar, a resident of Bel Air, asked who is going to protect the citizens of Bel Air and Wichita Falls? He stated that state legislators appointed the Council to protect the people. Police powers take care of certain things. What about this? Everyone in Bel Air is not unreasonable. Planning must be made for land use. He requested that the Council revoke new drilling of oil wells in residential areas. He would like the Council to set up a commission to look into this matter. It is an issue that is very important to the City of Wichita Falls. Alderman Traywick stated that he appreciates the dilema of the people of Bel Air, but he does not care for Mr. Detwilar's cynicism, nor his presumption that they are derelict in their duty if they do not do what he requests. Moved by Alderman Traywick that a moratorium be declared by revoking the drilling permit of the West Company, and all building permits in Bel Air for 90 days , until an appropriate commission can study the problem. 363 Item 4b, cont'd. Mayor Hill stated that he feels this matter should be handled in Court. Alderman Hampton agreed, stating that all action taken by the City has been in its legal rights. If we are going to do something, change the ordinance. Mayor Hill stated that the City Attorney has indicated there is very little we can do. He has learned something about surface rights from serving on this Council previously. The motion was seconded by Alderman Russell . Sam Bowker, 5000 Pawnee Pathway, feels that oil wells and a residential area are compatible. All we need is some common sense exercised between the builder, oil company, and the City Council . He stated that he is willing to participate in making the whole area more attractive, as well as his own home. He urged a cooling off period. He feels that drilling should be stopped for the moment; that there is a danger to his home and family if another well is drilled there. Ralph Bussey stated he is a resident of Bel Air, and also in the oil business. He stated that a 5000 foot well is not a large well , and mud pits do not need to be dug. A small drilling rig can handle this well . The dangers of drilling an oil well in Bel Air are non-existent unless we have gas problems. Oil will not come out of the well unless it is pumped out, so there is no danger of fire. It takes a larger area to drill a well than to work one over. There is plenty of room to drill a well . The land that is needed after the well is drilled is substantially less than drilling. The minimum area required to work over a well can be resolved by Mr. Dennis and the oil company. He stated that it will take less than two weeks to drill this well . He feels that minimum fencing can be accomplished, and that the wells can be drilled without destroying the slabs. Irene Cheatham related her personal experience of being injured on an oil well , and that something can happen in a short time. Alderman Thomas stated that if we could move out all the extraneous things, the thinking we need to rely on is the code as it exists today. The West Company has said it will comply with Ordinance No. 1666. He does not feel we have the right at this time to change the ground rules. Our responsibility is as provided in the code book until it is changed. The motion failed by the following vote. Ayes: Aldermen Traywick and Russell Nays : Mayor Hill , Aldermen Hampton, and Thomas Alderman Hampton stated he is not opposed to a cooling off period, but he does not think the City Council should be the one to try to appoint an arbitrator between these people. The Court will decide this matter. It appears that there is beginning to be a little bending of the ways. Clyde Fillmore stated this may be possible, but he feels the permit should be revoked so both sides will have an equal footing with an application pending. Dub Dennis stated he would like reconsideration of this matter because two members of the Council are not present. Item 4c Proposed ordinances were presented closing easements in University Park Shopping Center and Southwest Parkway Center, Unit One. ORDINANCE NO. 3572 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO CERTAIN UTILITY EASEMENTS SITUATED IN LOTS 2A AND 2B, UNIVERSITY PARK SHOPPING CENTER. Moved by Alderman Thomas that Ordinance No. 3572 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , and Thomas Nays : None (Alderman Traywick was out of the room) . 364 Item 4c, cont'd. ORDINANCE NO. 3573 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A CERTAIN UTILITY EASEMENT SITUATED IN SOUTHWEST PARKWAY CENTER, UNIT 1 . Moved by Alderman Thomas that Ordinance No. 3573 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , and Thomas Nays: None (Alderman Traywick was out of the room) . Item 5a A proposed resolution was presented authorizing the City Manager to execute a zoning consultant contract. The City Manager explained that the funds would come from the unappropriated fund balance, and that an appropriation ordinance will be presented at the next meeting. RESOLUTION NO. 2435, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARTHUR D. LITTLE, INC. FOR TECHNICAL ASSISTANCE IN DEVELOPMENT OF A LAND USE CONTROL ORDINANCE FOR THE CITY OF WICHITA FALLS. WHEREAS, a Zoning Commission has been appointed to hold public hearings and make recommendations for the establishment of boundaries of original zoning districts and appropriate regulations to be enforced therein; and WHEREAS, the Zoning Commission shall submit a final report containing the Commission's recommendations not later than February 5, 1980; and WHEREAS, the services of a consultant are necessary in order to complete such report by February 5, 1980; and WHEREAS, the consultant firm of Arthur D. Little, Inc. is willing to enter into a contract with the City to provide technical assistance in development of a land use control ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is hereby authorized to execute a professional services contract in the amount not to exceed $16,500 with Arthur D. Little, Inc. for the rendering of professional services in connection with the development of a land use control ordinance. SECTION 2. The City Manager is authorized to request any additional information and material that may be required in connection with the development of a land use control ordinance. Moved by Alderman Hampton that Resolution No. 2435 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , and Thomas Nays: None (Alderman Traywick was out of the room) . Item 6a A proposed resolution was presented approving change order and payment to Thomas Heating and Air Conditioning at First Step, Inc. RESOLUTION NO. 2436 RESOLUTION APPROVING PAYMENT AND ACCEPTING THE INSTALLATION OF A CENTRAL HEATING AND COOLING SYSTEM AT THE FIRST STEP, INC. EMERGENCY SHELTER AT 1307 FOURTH STREET. 365 Item 6a, cont'd. WHEREAS, the City of Wichita Falls, as Owner, and Thomas Heating & Air Conditioning Co. , as Contractor, entered into a contract in accordance with Resolution No. 2423, wherein, said Contractor agreed to install a central heating and cooling system at 1307 Fourth Street; and WHEREAS, said construction has been completed in accordance with the specifica- tions; and WHEREAS, the contract price for the work was $2,829.00, none of which has been paid. THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of said work is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the Contractor the total price of $2,829.00. Moved by Alderman Thomas that Resolution No. 2436 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Hampton, and Thomas Nays: None Item 7a Jimmy Horany, representing Holliday Creek petitioners, inquired if the Committee of the Whole would reconvene before making a report. City Attorney H. P. Hodge stated that he does not understand the law to say that they would have to meet in a committee again before they make a report. Alderman Russell mentioned the wood shingle problem. Some discussion was held on whether it was needed in residences or just multi-family dwellings based on density. The City Attorney will prepare an ordinance for their consideration. Alderman Thomas mentioned a letter from Lynn Rhodes, of Texhoma Christian Care Center, indicating that they need lights. The City Manager indicated that they are looking into this with Texas Electric. The Board of Aldermen adjourned at 11 :45 A.M. PASSED AND APPROVED this ' day of 1979. ACT!s�s�t� MAYOR ATTEST: CITY CLERK .�P