Min 06/20/1972 587
Wichita Falls, Texas
Memorial Auditorium Bldg.
June 20, 1972
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 10:00 o'clock A.M. , with the following members present:
J. Winston Wallander Mayor
Harry Campsey
Harrison E. Taylor
Larry Lambert Aldermen
Willard J. Still X
J. C. Boyd, Jr.
Peggy McCullough
Jerry Dunn Asst. City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Still.
Item 3
Moved by Aldermen Lambert that minutes of the meeting held June 6, 1972,
be approved.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 4a
A proposed ordinance was presented regulating excavation, grading and earth-
i
work construction.
,1
ORDINANCE NO. 2714
AN ORDINANCE THAT SETS FORTH RULES AND REGULATIONS TO CONTROL EXCAVATION,
GRADING AND EARTHWORK CONSTRUCTION, INCLUDING FILLS AND EMBANKMENTS;
ESTABLISHES THE ADMINISTRATIVE PROCEDURE FOR ISSUANCE OF PERMITS; AND
PROVIDES FOR APPROVAL OF PLANS AND INSPECTION OF GRADING CONSTRUCTION.
Moved by Alderman Lambert that Ordinance No. 2714 be passed.
Motion seconded by Alderman Taylor.
Alderman Campsey commented that the Planning Board had recommended that this
matter come before them prior to it going before the Council. Assistant City
Manager Jerry Dunn stated it was not the object of the staff to by-pass the
Planning Board, but they felt it was not a planning function. Ernest Lillard
stated that in every instance they had checked into that it was a part of the
building inspection department, and that he felt it should be under his juris-
diction.
Alderman Still stated that the chief concern in the minds of those who had
contacted him was that perhaps we are being hasty in adopting an ordinance which
we have not had much experience with. Alderman Taylor stated that he felt we
need this ordinance for the protection of individuals concerned, and that we can
always improve on it if need be at a later time.
Bob Foley appeared, speaking as an individual citizen, and also as a member
of the Planning Board. He stated that it was not their intent to have exclusive
review of this ordinance, but to have it thoroughly reviewed by some competent
board or agency. He feels if this ordinance is hastily passed that it will pre-
sent a situation in which some citizens might be hampered in some type of develop-
ment that they might be trying to do. He feels that the borrow source on Kell
will not be unsightly, and that it is not unsightly now. He feels that the Public
Works Department and Building Inspection cannot tell the property owner what he
can do with his property. He feels that we are being shortsighted in being caught
up in the hysteria of thinking that the right-of-ways will be left unsightly.
588
Item 4a, cont'd.
Alderman Taylor inquired if he thought we did not need this ordinance. Mr.
Foley stated that most of the provisions in this ordinance are superfluous.
Alderman Taylor asked if he thought the staff did not have any authority to make
these recommendations. Mr. Foley replied that he did not think they were a poli-
cing agent.
Alderman Still commented that Mr. Foley may have made some legitimate com-
ments, and that he would like to make a substitute motion that the Mayor consider
appointing a committee of the Council to study this matter, and make a recommen-
dation to the Council as a whole.
Motion seconded by Alderman Boyd.
Mr. Foley stated that he had called every member of the Council, and the City
Manager, and was not able to contact but three of them.
Ernest Lillard commented that Mr. Foley referred to the stringent engineer-
ing requirements. He stated that this would not apply to any of the construction
going on except where imminent danger to property and owners was present. Any
action of the building inspector would be subject to the Board of Adjustment and
Appeals. Only in the instances of the opinion of the building inspector and city
engineer that the city or property owner might be damaged, would controls be
initiated.
The substitute motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough
Nays : Alderman Lambert
Mayor Wallander appointed a committee consisting of Alderman Still, Chairman,
Aldermen Boyd, McCullough, and Taylor.
Item 4b
A proposed ordinance was presented closing a portion of Shepherd Street.
ORDINANCE NO. 2716
AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF SHEPHERD STREET EXTENDING
EAST FROM THE SOUTHERLY EXTENDED WEST LINE OF BLOCK 96-A HIGHLAND ADDITION
AND EXTENDING SOUTH FROM THE SOUT LINE OF SAID BLOCK 96-A TO THE SOUTH LINE
OF LOT 14, BLOCK 2, W. E. WILSON ADDITION.
Moved by Alderman Boyd that Ordinance No. 2716 be passed.
Motion seconded by Alderman Still, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 5a
A proposed resolution was presented authorizing the mayor to execute a utility
adjustment agreement with Lone Star Gas Company for the Harding Street drainage
project.
r RESOLUTION NO. 1316
WHEREAS, the City of Wichita Falls is constructing the Harding Street Drain-
age Channel, Project 52-085, under the 1967 Capital Improvement Program of the
City of Wichita Falls; and,
WHEREAS, the proposed construction of the Harding Street Drainage Channel,
Project 52-085 , crosses the pipe lines owned by Lone Star Gas Company; and,
WHEREAS, adjustments will have to be made to the pipe lines to allow the
construction of the proposed Harding Street Drainage Channel Project; and,
WHEREAS, the Lone Star Gas Company has a prior easement for the pipe lines ;
and,
589
Item 5a, cont'd.
WHEREAS, the Lone Star Gas Company has proposed an agreement in which the
City of Wichita Falls would construct concrete pipe supports and anchor bands
at the expense of the City of Wichita Falls ; and,
WHEREAS, the construction of the proposed concrete pipe supports and anchor
bands have been included in the construction plans for the Harding Street Drain-
age Channel Project, 52-085.
J NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The certain letter of agreement between the City of Wichita Falls, and the
Lone Star Gas Company for the adjustment of the pipe lines is hereby approved,
and the Mayor is authorized to execute it for the City of Wichita Falls .
Moved by Alderman Still that Resolution No. 1316 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 5b
A proposed resolution was presented authorizing the City Manager to execute
a right-of-way easement to Texas Electric Service Company across city-owned property.
RESOLUTION NO. 1317
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
Those two certain easements, copies of which are attached hereto, from the
City of Wichita Falls to Texas Electric Service Company, one across land in
Arrowhead Industrial District, and the other across lands along River Road, are
hereby approved, and the City Manager is authorized to execute and deliver the
same for the City of Wichita Falls .
Moved by Alderman Still that Resolution No. 1317 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 5c
`. A proposed resolution was presented authorizing update of proposals to pro-
perty owners on Kell Freeway project.
f
J �
RESOLUTION NO. 1318
WHEREAS, by the adoption of Resolution Nos. 907, 1021, 1036, 1053, and 1071,
the Board of Aldermen of the City of Wichita Falls has heretofore found that it
is necessary to acquire the properties hereinafter described for construction of
the Kell Freeway, Project 50-071, and approved the appraised values of such
properties; and,
WHEREAS, the appraisals of such properties have now been updated by the in-
dependent appraisers employed by the Texas State Highway Department to reflect
present market prices, and these updated appraisals have been approved by the
Texas State Highway Department and have been studied by the Board of Aldermen,
and copies of same are now in the possession of the Director of Public Works and/
or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Section No. 1. The projects and properties to be purchased by Warranty Deed
are as follows :
590
Item 5c, cont'd.
Kell Freeway, Project 52-071----Warranty Deed
Lot 8 & 9, Block 63 Southland Addition
1930.6 s.f. of Lot 1, Block 46, Southland Addition
Lot 10, Block 63, Southland Addition
Lot 7, Block 95-A, Highland Addition
3250 s.f. of Lot 7, Block 16-A, Highland Addition
Combined total of values approved in this resolution--------$50,550.00
Section No. 2. The updated values of such properties are hereby approved
and the City Manager is hereby authorized to purchase in the name of the Texas
State Highway Department, or the City of Wichita Falls, by Warranty Deed, such
tracts of land as shown on the project right-of-way map. The authorized price
to be paid for each tract is the state approved value as determined from the
updated appraisals (rather than the original appraisals approved by the reso-
lutions set out above) made by the independent real estate appraisers employed
by the Texas State Highway Department.
Section No. 3. In the event the City Manager is unable to purchase any
such tract or tracts for such approved updated values, he is hereby authorized
and directed to cause to be instituted condemnation proceedings to obtain such
tracts in the name of the Texas State Highway Department or the City of Wichita
Falls.
Moved by Alderman Campsey that Resolution No. 1318 be passed.
Motion seconded by Alderman Still.
Alderman Boyd questioned why the delay in purchasing this property. Ernest
Lillard stated that our right-of-way department is constantly purchasing property,
but they are concentrating their efforts in the areas where the highway department
is working.
The motion was carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 5d
A proposed resolution was presented authorizing approval of an application
for comprehensive planning assistance grant. Jerry Dunn commented that HUD has
obtained funds for comprehensive planning assistance, and the money has been
allocated to cities. Several areas of work will be included in this grant, but
it is aimed at assisting local governments to formulate and implement policies
related to community development and growth.
RESOLUTION NO. 1319
WHEREAS, The City of Wichita Falls does not have an adequate and complete com-
prehensive plan for the development of the city, and such a plan is essential to
the implementation of the Urban Development Goals which were adopted by the Board
of Aldermen by Resolution No. 1269; and,
WHEREAS, Federal funds for such project are available under the provisions
of Title VII, Section 701 of the Housing Act of 1954, Public Law 83-560, as
amended by Public Law 89-117, through the Department of Housing and Urban De-
velopment; and,
WHEREAS, the City Planning Department has prepared an application for a
grant in the amount of $70,000.00 for the purpose of financing the necessary
studies, surveys and publications required for the completion of such a compre-
hensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
591
Item 5d, cont'd.
SECTION 1. Gerald G. Fox, City Manager, is authorized and directed to
complete and file the application for such grant with the Department of Housing
and Urban Development; the City Manager is further authorized to sign any
necessary documents requested to carry out and complete such project on behalf of
the City; further, any and all documents heretofore signed on behalf of the City
of Wichita Falls by Gerald G. Fox, City Manager, are hereby ratified and confirmed.
SECTION 2. The amended work program, dated June 9, 1972, of Nortex Regional
Planning Commission is hereby approved.
SECTION 3. With regard to this grant, the City shall follow Title VIII of
the Civil Rights Act of 1968, which provides that it is the policy of the United
States to provide, within constitutional limitations, fair housing throughout
the United States, and requires the Secretary of Department of Housing and Urban
Development to administer the department's programs and activities in a manner
affirmatively to further the policies of such Title VIII.
SECTION 4. With regard to this grant, the City agrees to follow the Equal
Employment Opportunity Clause contained in Part II, Terms and Conditions , Com-
prehensive Planning Grant Agreement, which provides that the grantee shall not
discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin, and will take affirmative action to in-
sure equal opportunity in its employment practices.
Moved by Alderman Taylor that Resolution No. 1319 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylors Lambert, Still, Boyd, and McCullough
Nays : None
Item 5e
A proposed resolution was presented authorizing Municipal Airport capital
improvements.
Paul Yeager, Director of Public Safety, explained that four items for improve-
ments had been presented to the Aviation Advisory Board for their consideration.
They recommended that only the terminal expansion program be undertaken at this
time. The cost would be self-sustaining.
I
RESOLUTION NO. 1320
i
WHEREAS, the City staff, with the assistance of Architect .Joe B. Roberts,
has prepared a proposed plan for an expansion of the terminal building at Munici-
pal Airport, which would consist of the construction of an enclosed office and
air freight storage space in the area between the terminal building and the Gen-
eral Aviation Administration Building, and the Cost of such project is estimated
to be $70,000.00, including architectural fees and contingencies, which would be
paid for by the issuance of time warrants ; and,
i
WHEREAS, the Aviation Advisory Board, at its meeting on May 17, 1972, ex-
pressed the consensus that the City should proceed immediately with the proposed
terminal expansion since the project would generate its own revenues.
li
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
SECTION 1. The proposed terminal construction project is hereby approved, and
the City staff is authorized and directed to proceed with plans for the same.
SECTION 2. The City Manager is authorized to execute for the City of Wichita
Falls a contract for architectural services of Joe B. Roberts on said project
which provides for the payment for the architect's basic services in an amount
equal to 6% of the construction cost.
SECTION 3. The City Manager is authorized to execute for the City of Wichita
Falls a contract for the professional services of First Southwest Company with re-
gard to the issuance of the time warrants, for a fee of $4,000.00.
�s.
592
Item 5e, cont'd.
Moved by Alderman Lambert that Resolution No. 1320 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 6
Award of the low bid for a utility tractor for the Street Department was
r, recommended to Trinity Equipment Company in the amount of $3,857.08.
Moved by Alderman Still that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 7
Permission was requested to advertise for bids for sanitary sewer extensions
on Mimosa Drive.
Moved by Alderman Boyd that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Still, and carried unanimously.
Item 8
Moved by Alderman Still that minutes of the meetings of the following boards
and commissions be received.
f a. Traffic Commission--May 9, 1972
b. Planning Board--May 10, 1972
C. Aviation Advisory Board--June 7, 1972
d. Board of Adjustments and Appeals--May 18, 1972
Motion seconded by Alderman Taylor, and carried unanimously.
Item 9a
Mr. Bobby Albert has replaced Mr. David Jones as President of the student
body at Midwestern University. This is one of the positions on the Citizens
Advisory Commission on Drug Education and Abuse.
Moved by Alderwoman McCullough that Bobby Albert be appointed to the Citizens
Advisory Commission on Drug Education and Abuse, for a term to expire May 19, 1973.
Motion seconded by Alderman Boyd, and carried unanimously.
i
r Item 9b
A request was presented from the Downtown Merchants to have a sidewalk sale
on July 27, 1972, and to eliminate parking meter requirements on that date.
Moved by Alderman Boyd that the Downtown Merchants be granted a variance in
the ordinance to allow them to have a sidewalk sale on July 27, 1972, but that
parking meters not be eliminated on that day.
Motion seconded by Alderwoman McCullough, and carried unanimously.
City Attorney H. P. Hodge, Jr. , cautioned that it should be called to the
attention of the businessmen that they should extend their insurance requirements
to include any type of liability which might be incurred.
Item 9c
Mr. Robert Seabury has requested a variance from the subdivision regulations
regarding waiver of building lot line restrictions on rear lot lines in a proposed
mobile home subdivision (Candlewood Estates Addition) .
t
593
Item 9c, cont'd.
After some discussion, it was moved by Alderman Boyd that the waiver be
granted.
Motion seconded by Alderman Campsey.
Alderman Still commented that the Planning Department has been instructed to
proceed with work on a proposed subdivision ordinance.
The motion was carried unanimously.
Item 9d
Legal notices have been prepared on 23 separate hazardous structures in the
City. In each instance, the property owner has been notified, if addresses were
available, that their property was in violation of ordinances pertaining to hazar-
dous structures, but no improvements have been made on them. It is requested that
a public hearing be held on July 18, 1972, at 10:00 A.M. , to give these property
owners an opportunity to be heard.
Moved by Alderman Still that a public hearing be held at 10:00 A.M, July 18,
1972, on hazardous structures.
Motion seconded by Alderman Campsey, and carried unanimously.
Item l0a
Alderman Larry Lambert reported on the recommendation of the Council Com-
mittee regarding the variance requested by Arrowhead Development, Inc. He stated
that it is the conclusion of this committee that the development will be basically
rural rather than urban, and that it would not cause an undue drain on the water
supply. They feel that the waiver will not be detrimental to the City of Wichita
Falls. They recommend that the waiver of lot size for a mobile home subdivision
be granted, subject to the provisions in the staff report dated April 13, 1972.
(Copy attached) .
Moved by Alderman Campsey that the waiver of the minimum two-acre lot size
be granted, to allow tracts of one-fourth and one-half acre size for this pro-
posed mobile home subdivision at Arrowhead Ranch Estates.
Motion seconded by Alderwoman McCullough.
It was pointed out that this waiver deals with only this one particular area
in the subdivision; a designated portion of Section 7 only.
Alderman Boyd mentioned that he had previously opposed this, but that he had
now changed his mind.
The motion was carried unanimously.
Item 10b
The public hearing was opened to the proponents of controlled fluoridation
in the water supply.
Baxter Featherston appeared representing the Wichita Falls Jaycees. He
stated that they had instituted this proposal in 1971. They enlisted the support
of professional medical people, and the Board of Commerce and Industry. He
urged rapid adoption of controlled fluoridation in the water supply, and read
a resolution adopted by the Jaycees to this effect.
Joe White, Board of Commerce and Industry, read a resolution of the Board
of Directors of BCI, endorsing addition of fluoride to the water supply of the
City of Wichita Falls.
Dr. C. M. Parker, Director of the City and County Board of Health, read a
resolution from that organization recommending the addition of fluoride to the
water supply.
, r
594
Item 10b, cont'd.
George Clevenger, representing Nortex Regional Planning Commission, presented
a resolution to the council members endorsing addition of fluoride to the water
supply.
Margaret Jarratt, District 11 Nurses Association, presented a letter endors-
ing fluoride in the water supply.
Dr. Bob Rugeley, Wichita District Dental Society, commended the City of
Wichita Falls for its interest in the citizens in this area, and recommended
favorable adoption of fluoride for the city's water supply.
Dr. LeBeau, Wichita County Medical Society, recommended endorsement of fluoride
in the water.
Carolyn Hesse, Dental Hygientists Society, endorsed fluoride to the community
water supply.
Mrs. Kay Zizzy, appeared as a military dependent not living in base housing.
She endorsed the addition of fluoride to the water for the protection of children.
Ervin Garnett, Wichita Falls School System, stated that fluoride is sorely
needed for our children. The cost would be one cent per person per month. We
could do away with welfare care for dental needs to the poor. Prescriptions would
be needed to purchase fluoride by the parents if it is not in the water.
Dr. Charles Luzano appeared from the' Texas State Department of Health. He
stated that fluoride is a safe and effective method of reducing dental caries.
It is a matter of nutrition. The body inherits fluoridation, and it stays with
them throughout life. At a level of one part per million, there is a maximum
benefit of no fluorisis or staining of teeth. If fluoride is dangerous, then we
have it now with the natural fluoride already in the water. Allegations are not
made against natural fluoride. Is controlled fluoridation worse than natural
fluoridation? He mentioned several areas that are fluoridated, such as Seattle,
Detroit, the State of Ohio, and other states. Fluoride incorporates itself into
the tooth structure so that it is resistant to decay. Fluoridation originated in
1945 . It is not true that deaths have been attributed to fluoridation. It is not
a protoplasm poison because it is found in various parts of the body. We should
have fluoride in the water to prevent tooth decay disease. The American Cancer
Society and American Medical Association do not endorse the theory that fluoride
causes cancer. Evidence is not suppressed, but is weighed.
Alderwoman McCullough asked if all dentists and all doctors are in agreement
with the use of fluoride. He stated that generally, most of them are. A few
might be in disagreement with the need. The cost is much greater for fluoride
tablets.
Alderman Lambert inquired about the possibility of putting it in the milk.
It was pointed out that all would have to have access to milk, and also that it
is found naturally in water. Calcium might have some effect on it.
Alderman Lambert stated that some people feel that forced medication is an
infringement on their rights religiously. Dr. Lazonna stated that they have
learned that a certain amount of fluoride will prevent disease. Chlorine kills
bacteria. Fluoride strenghtens the teeth. Alderman Lambert read from a dentist's
report that fluoride only delays decay. Dr. Sheft's report stated that some people
are allergic to fluoride. Dr. Lazonna stated that no one is allergic to it.
Fluoride used properly is beneficial. Anything taken out of its context can be
dangerous. Texas has a lot of natural fluoridation, and many communities have
adopted it, so enforced legislation is not necessary in Texas. People reject it
where people have tried to make a political football out of it.
Alderman Taylor inquired about the difference in calcium and sodium fluoride.
Dr. Lazonna stated that sodium fluoride is more soluble than calcium fluoride.
Alderman Lambert inquired if a heavy water drinker would consume too much
fluoride. He stated that could not happen because it would be eliminated by the
body. He stated that the City could fluoride the entire water supply for less
than tablets could be furnished to the children affected. About one-fifth of
the population in Wichita Falls is under the age of 12 years.
Alderman Still asked Dr. Lazonna if he discredited all the information they
have found against fluoride. Dr. Lazonna stated that he did. He stated that
there are no detrimental effects to it. He recommends .08 parts per million in
the water.
k
595
Item 10b, cont'd.
No one else desired to be heard, and the public hearing was closed.
Moved by Alderman Lambert that the meeting be adjourned.
Motion seconded by Alderman Still, and carried unanimously.
The Board of Aldermen adjourned at 12 :46 P.M.
PASSED AND APPROVED this � �' day of 1972.
44 Mayor
ATTEST:
City Clerk
!��•.. �� ; INITIA%
DEPARTMENT OF PLANNING 'c�I*I-R"
R"R l .'LANIi:NG _I
'Yt�ArFIC ENGINEER
C �' PLANNER
CITY OF W I C4I� PLP.rINEr ii I ._
INTER-OFFICE MEMk fe2,'f1 b 1M I —
A15:,TK-.5?PLT.IVE AIDE
i
TO: Mr. Gerald G. Fox, City Manager i DATE: Apr>>�13r.1979�_.-_.
FROM: Joe Smith, Director of Public Utilities
Stephen J. Ondrejas, Director of Planning
SUBJECT:
Arrowhead Ranch Estates - Proposed Mobile Home Subdivision
The following analysis evaluates the request by James C. Hill, Arrowhead
Development Inc. , that the two acre minimum lot size requirement for
Arrowhead Ranch Estates be waived. This analysis consists of:
1) background information
2) progress of Arrowhead Ranch Estates to date
3) nature and effect of proposal, and
4) conclusions.
Background Information
The proposed development of the Arrowhead Ranch Estates subdivision was
first brought to the attention of the Planning Department in the early part
of November, 1970. Mr. Don Terry of Arrowhead Development, Inc. , Dallas
was informed by the Department that the City would require that the develop-
ment comply with all existing City ordinances and other regulations for the
reasons that the area was 1) in the City's extraterritorial jurisdiction,
and that 2) connections were to be made to the city water system. Require-
ments for such connections are covered in Resolution 1057 which states:
"SECTION 1. The following policy shall be established to govern
the sale of water and sewer services outside the city limits of Wichita Falls:
1. New development outside incorporated cities. . . . . . . . . . . . . . . . . . . .
. . . . . . .developments should comply with the Subdivision Regulations,
Building Code, Electrical Code, Plumbing Code and any other
ordinance or regulation which applies within the City of Wichita
Falls."
Mr. Terry and Attorney Cletus Schenk addressed the Planning Board at its
November 11, 1970 meeting. It was explained to the Board that when the
right-of-way was obtained for the water transmission line which crosses the
property, the owners of the property gave road and water line right-of-way
for the privilege of having three water taps in the water transmission line.
In addition, Mr. Terry stated that he could not meet all of the existing
subdivision improvement requirements in the development of the property and
still make a profit, since the subdivision was designed primarily for tracts
from 2 to 100 acres in size. He asked that the Planning Board grant a
waiver for street paving, drainage requirements, and curb and guttering or
recommend a waiver to the City Council.
Gerald G. Fox -2- April 13, 1972
City Attorney H. P. Hodge stated that the Planning Board did not have 'the
authority to grant waivers from the Subdivision Ordinance or from the
requirements of Resolution 1057.
City Manager Gerald Fox addressed the Board and stated that city utilities
are primarily to serve the citizens of Wichita Falls, not primarily to serve
property outside the city limits. If a developer desires service outside the
city limits, and it is in the best interest of the city to provide service,
it was the feeling of the City staff, and apparently the feeling of the
City Council that the developer should conform to the same regulations that
competitors meet within the city limits. Concerning the right-of-way given
the City in exchange for three water taps, the City would live up to its
responsibility; however, this does not mean that the City is required to
provide water under circumstances desired by the developer.
The Planning Board referred the matter to the City Council with no
recommendation for action to be taken.
Mr. Terry, Mr. Schenk, and Attorney Lewis Nichols from Dallas appealed the
matter to the City Council on November 17, 1970. It was revealed that the
original agreement for the amount of water to be provided in exchange for
the easement was that amount which would serve 80 houses. After further
discussion, the following motion was made:
"Moved by Alderman Darner that the request to waive subdivision
requirements within extraterritorial jurisdiction be granted to the
extent of sidewalks, curb and gutter, storm sewers, and street
specifications, and that the minimum lot size be set at two acres."
The motion was seconded by Alderman Taylor.
After additional discussion, during which Mr. Terry agreed to comply with
all other regulations, and to delete trailer parks and commercial tracts
from the proposed development plan, the motion passed.
On March 5, 1971, the City entered into a water purchase contract with the
Arrowhead Ranch Estates Corporation. The maximum amount of raw water to be
provided by the City is 1001000 gallons per day. The corporation is to
permit water to be used only for normal residential purposes, and, unless
written permission is obtained from the City, water shall not be used for
extensive agricultural irrigation, or by any processing or manufacturing
concern which uses water in substantial quantities or for other municipalities
and/or residential and/or commercial subdivisions. Also, structures to be
served under the contract shall conform to the Building Code, Electrical
Code, Plumbing Code and any other ordinances or regulations which apply to
such developments in the City of Wichita Falls except for subdivision street,
curb and gutter, and sidewalk requirements.
Gerald G. Fox -3- April 12, 1972
Progress to Date
At present there is a total of 230 platted lots in Arrowhead Ranch Estates
as illustrated in Table 1.
Table 1
PLATTED LOTS IN ARROWHEAD RANCH ESTATES
Section 1 82 platted lots
Section 2 63* potential lots
Section 3 29 platted lots
Section 4 56 preliminary platted lots
Section 5 --
Section 6 --
Section 7 --
Total 230
* Contains 10 eighty acre lots which can be further
subdivided into 20 acre lots for total of 63 lots
Source: Revised Preliminary Plat as approved by City
Planning Board, April 12, 1972
A water treatment facility has been constructed by the developer to serve
this area. This present water treatment facility has a capacity for
producing 72,000 gallons of treated water per day using State Health
Department criteria of 2 gallons per square foot per minute of filtering
capacity. It is possible that the capacity of the plant can be increased
by use of a different type of filtering material and by using larger pumps,
assuming that this procedure would meet with the approval of the Health
Department. If not, housing and piping arrangements have been provided for
adding more filters and pumps on a modular basis.
It is estimated that the average user in this area will consume 250 gallons
of water per day. Thus, the long range potential consumption of the area
platted in Sections 1, 2, 3 and 4 is 57,500 gallons per day. Thus, neither
the water contract nor the private treatment facility will constrain full
development of Sections 1, 2, 3 and 4.
Gerald G. Fox -4- April 13, 1972
Nature and Effect of Proposal
The nature of the request is that the City Council consider waiving the
2 acre minimum lot size requirement so that an area of Section 7 approxi-
mately 60 acres (inclusive of a 15 acre lake) in size can be platted into
k acre to � acre lots. Not more than 100 such lots would be platted. The
entire 60 acres would be restricted to permanently placed mobile homes.
There would be protective covenants to insure the quality of the development.
The effect of a 100 unit mobile home subdivision in Section 7 will be to
increase the potential daily water consumption level to 82,500 gallons/day.
Thus, the proposal is not constrained by the water contract. However, if
development of Sections 1, 2, 3, 4, and 7 nears 100% completion, the
private water treatment facility may need to be expanded.
In final, because of the dwelling unit density of the mobile home subdivision,
septic tanks are not appropriate. A central sewer gathering and treatment
facility is mandatory.
Conclusions
The addition of a 100 unit mobile home subdivision in Section 7 will not be
constrained by the water contract ceiling of 100,000 gallons/day. However,
if additional areas in Sections 5 and 6 are developed, the water contract
would have to be renegotiated. This negotiation would probably be for an
expansion in the water ceiling to 150,000 gallons/day based on the potential
additional 250 lots which could be platted in Sections 5 and 6. If Arrow-
head Ranch Estates reaches 100% development, approximately 580 platted lots
and respective dwelling units having a total daily water consumption of
145,000 gallons/day can be anticipated.
Neither Planning nor Public Utilities have objections to either the proposed
mobile home subdivision or the potential renegotiation of the water contract.
If the request is granted, it is recommended that the following conditions
be met:
1) The 2 acre minimum lot restriction be maintained in Sections 5 and 6.
2) That the proposed mobile home subdivision not be final platted
until approval from appropriate regulatory bodies for a central
sewer gathering and treatment facility has been granted.
Gerald G. Fox -5- April 13, 1972
3) That the proposed mobile home subdivision not be final platted
until the protective covenant has been approved by the City.
v'
Joe Smith
irector of Public Utilities
4
Stephen J. Ond Rojas
Director of Planning
bb
Attachment
f
j
.? TRACT 31
EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS ( /
COUNTY OF KNOW ALL MEN BY THESE PRESENTS
_ tdt�HTmA
That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN
BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
of Wichita County, Texas, for and in consideration of
Ten and No/100 ----------------------------------
Dollars to me (us) in hand paid by Texas Electric Service Company have granted sold and conveyed and by these presents do '
the said Company, grant, sell and convey unto
an easement of right-of-way for an electric trans-
mission and distribution line, consisting of variable numbers of wires,
and all necessary or desirable appurtenances (including towers, H-frames
or poles made of wood, metal or other materials, telephone and telegraph
wire, props and guys) , at or near the location and along the general
course now located and staked out by said Company, along, over, under,
across and upon the following described lands located in
County, Texas, to-wit:
All that .certain lot, tract or parcel of land out of the John A. Scott
Survey No. 14, Abstract 304, Wichita County, Texas, and being a portion
of that certain tract conveyed to the City of t;ichita Falls, Texas, by
doods recorded in Volume 562, Page 408, and Volume 569, Page 45, Deed
Records of Wichita County, Texas, and being more particularly described
by metes and bounds in two (2) tracts as follows :
TRACT "All
BEGINNNING at a point on the East line of said City of Wichita Fails tract
South 00 degrees 03 minutes East 957-8/10 feet from its Northeast corner,
said point also being South 00 degrees 03 minutes East 24-1/10 feet from
the South corner of a tract owned by C. B. Fuller and described in deed
recorded in Volume 1006, Page 331, Deed Records of Wichita County, Texas;
THENCE Scuth 00 degrees 03 minutes East along the East line of said City
of- Wichita Falls tract, 83-8/10 feet to a point for corner;
THENCE North 63 degrees 30 minutes West 895-8/10 feet to a point in the
South right of way line of River Road for corner;
THENCE in a northeasterly direction along the South right of way line of
River Road following a curve to the left with a radius of 1467-7/10 feet
for a distance of 108-4/10 feet to a point for corner;
THENCE South 63 degrees 30 minutes East 784-9/10 feet to the place of
beginning and containing 1-446/1000 acres of land.
TRACT "B"
BEGINNING at a point in the North right of way line of River Road South
00 degrees 03 minutes East 957-8/10 feet and North 63 degrees 30 minutes
West 878-7/10 feet from the Northeast corner of said City of Wichita Falls
tract, said point also being North 63 degrees 30 minutes West 93-8/10 feet
from the North corner of the above described Tract "A" ;
THENCE in a southwesterly direction along the North right of way line of
River Road following a curve, to the right with a radius of 1397-7/10 feet
for a distance of, 113-5/10 feet to a point for corner;
THENCE North 63 degrees 30 minutes West 2513-5/10 feet to a point on the
South bank of the Big Wichita River for corner;
THENCE North 12 degrees 00 minutes West along the South bank of said River
82-4/10 feet to a point for corner;
THENCE South 63 degrees 30 minutes East 2614-9/10 feet to the place of
beginning and containing 4-414/1000 acres of land.
The right to remove or prevent the construction of, for a distance of
37-5/ld feet on each side of the actual center of said line, any or all
buildings , structures or other obstructions which, in the sole judgment of
the Company, may endanger or interfere with the efficienc
convenient operation of said line and its appurtenances ; Y , safety , and/
trim or cut down trees or shrubbery within, butnotlimiteddto�,esaidht to
foot space, to the extent, in the sole judgment of the Company , as mayb
e
necessary to prevent possible interference with the operation of said
or to remove possible hazard thereto. line
The right is reserved by Grantor to use the land within the
space above described for general agricultural - _ foot
, not inconsistent with Grantee 's use of such pro pert71ng or other purposes
, use shall
not include the growing of trees thereon 'or any otherpuse1wdhichuch might, in
the sole judgment of the Company, interfere with the exercise by the Com an
of the rights hereby granted. P Y
In addition to the consideration above recited for the easement and
, right of way hereby granted, the Company will pay
,and if leased, to his tenant, as they may be respectivelyowner entitled, forand,
',actual damages done to fences , terraces and growing crops by reason of the
,construction, maintenance or removal of said line ; provided, however, that
jno such payment will be made for trimming or removal of trees from said
land, nor for removal of trees or other obstructions from such 75 foot
space after said line is constructed, as hereinabove provided.
TO HAVE AND TO HOLD the above described easement and rights unto the
said Company, its successors and assigns , until said line shall be abandoned
.
If the construction of the facilities to be erected and located under
he terms of this grant is not begun within 15 years from the date hereof,
his grant shall thereupon terminate and all rights and interests hereunder
hall revert to grantor, his heirs and assigns .
And I (we) do hereby bind myself Y (ourselves) , my (our) heirs and legal
drepresentatives , to warrant and forever defend all and singular the above
escribed easement and rights unto the said Company, its successors and
assigns , against every person whomsoever lawfully claiming or to claim the
dame or any part thereof.
WITNESS our handsthis loth day of July lg 72 .
ATUbT:
SEAL
it r��B
yjox, -City �tiianager for the CITY OF
��Qta WICHITA FALLS, A MINICIPAL CORPORATION
Wilma J. Thomas, City 5:�►�;�.,�. r
CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS w ~
THE STATE OF TEXAS
County of...................
BEFORE ME,the undersigned authority,on this day personally appeared............. ......
. .....................................
................... ..
known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that
...... .........executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this......................day of........................ ....................... A. D. 19_ .. .....
. ...._..........................._..
Notary Public.....................................
County, Texas
io w o o tr I
I � 7 X o 7•'t y i 4
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b X `Y I i J
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a i LTI
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4 ci a fD :H
t7 N n . 5 e ' 0rD
IV �D M cr tp � n �•
CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS
THE STATE OF TEXAS
County of
BEFORE ME, the undersigned authority,on this day personally appeared
.............
.........................
known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that
..----•-.. .......... ..........executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this......................day of........................................
.., A. D. 19...........
.............................................
NotaryPublic....................................................
-.--•_.•._..._County, Texas
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS, ASSOCIATIONS,
CHURCHES, SCHOOL DISTRICTS, ETC.
THE STATE OF TEXAS
County of...........WICHI.TA BEFORE ME,the undersigned authority, on this day
personally appeared
............... ._................................................ .ERALO. FOX...
,...........CITY MANAGER
.. .... .............................
of. ....... ................. ......................................... COUNTY, TEXAS -(Title)
. ...................................... . .
._._........ known to me to he the
peison(a4) whose name(:.$) is 63M subscribed to the foregoing instrument, and acknowledged to me that......................
executed the same as the act and deed of...................THE CITY OF WICHITA FALLS FAUSp. A A',UNICIPAL CORPORATION
CITY trkNAGrf _.. ._.............
an( as.. .............. .......thereof, and for the Purposes and consideration therein expressed.
..................... ..
................
(Title)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..loth day of..............JUly
..._. , A. D. 19.72. .
.........................................._...
Notary Public......................WiChita
................................ County, Texas
NE�4 Jo�y�V A . S Co o
T T S UR., N 0 14 ti
A - 3o4 Q
vVol f
Z)
k � I
` ro Cify of Wichila
20.8 Ac..± Rem.
V' C,s�� J �w V
7.OAc,i /Fk,77.
G
6
m
C/ty OF Wichiy`a Fa//s ti ,��9� �` 00 M o
SG z� 40 8 R p9 R o�1 n o� 0 I
s 6.7 qc. fern. I
C
VQ
F
O AC,
C/ty of Wichita Fa//s GO
m
s'�2/S=os i
JayN A. SCOTT
S UR. /L/o
,, %'`,(�_ A ` .304 6
L. i till. e
��ts e» n. e .I.r rr r•r..t
7/1 CT Alp
i
SUfdVEY PLAT
��•� ,. - SCALE 1"_- SOO FT. !
THE ABOVE DESCRIBED TRACT WAS SURVEYCD_--janUB!•Y IZ`/�72 /S,uOF—.��0/`-/N A . SCoTT S(JR,
AND THE L)"AENSIONS S --��B - �Y
SHOWN ARE HERtBy CERTIFIED TO DE TRUE AND
COit P2 LCT. _�---
- `�•�•-7- ICXAS
-_ - _,(_4 --.___-_ BUI:veY FOR /eXes f_--/_�cT�ric :���-V/C
S.S Or/G/ REGISTER CD 1'UDII YOR 1'_------`— C co
CORLETT. GRAY ,fk F iZO Cl:i T
REGImTC.RfO i•URIIC BURVF.YOHD
WICHITA FALLC, TEX/,9.
EASEMENT AND
RIGHT-OF-WAY `' '� � RACT 43
THE STATE OF TEXAS
COUNTY OF 67ICFITTA ) KNOW ALL
( MEN BY THESE PRESENTS
That THE CITY OF WICHITA FALLS A
BY AND TfiiOUGH ITS DULY AUTHORIZEDIOFFICERS0 TI0N, ACTIiC HEREIN
ofta
County, Texas, for and in consideration
Ten a o o f
to me (us) in hand- - --__-__
paid by Texas Electric-Service Dompany haveollars ($ granted,
)
sold and conveyed and by these
the said Company, an easement of right -of rant, sell and convey unto
mission and distribution line, consisting of var y unto
and all necessary or desirable appurtenance y for an electric trans-
and numbers of wires,
or poles made of wood s (including towers, H-
wire, props and metal °r other materials , telephone and telegraph
guys) , at or near the location and alongthe p
course now located and staked out by said Company, alon general
across and upon the followingg� over, under,
County, Texas, to-wit:
described lands located in
A11 that certain tot, tract or
'izr`7eY, Abstract 44, k'richita CountCeZ of land cut o.f the it. Carbajal
Portion of
that certain tract c°nveyed to theyCiteXas" sand being a
Falls, Texas, b Texas, and being more 1047, Page 733, Deed Records Y
follows .-
BEGINNING
described b Wichita County,
Y metes and bounds as
at the Northeast corner of Block 1, Un
trial District, according to the plat of same it x'ecorde
Pages 16 and 17, Plat Records of y7ichi 1, Arrowhead Indus-
d in Volume 13,
to County, Texas;
I' THENCE South 23 degrees 38 minutes East along
Block 1, a distance of 165-23/100 feet to la the East line of said
minute
59 reps
TiiI:NCL North 53 de point for corner;
g s West 255-52/100 feet to a
point on
the North line of said Bloc]; 1
TIENCF, North 89 degrees 34 minutes East aloe
IDlock 1, a distance of 140-52/100 fe g the North line of said
containing 0-245/1000 acre of Sand. et t o the place of beginning and
The right to remove or
5 _0 Prevent
the construction of
enter of said line, fan or a distance of
feet on each side Of the
y or a l l
buildings, structures or
the Company, may endangerother obstructions which
convenient °L interfere with the h, in
the sole judgment of
operation of said line and its appurtenances ;
trim or cut downa safety, andtor
trees or shr.ubber tnot and the right
foot space, t° the Y within, but not limited ght t°footextent, in the sole judgment of to, said 75
necessary to prevent possible interference with the operation
as may ,,
or to remove Y '�e
Possible hazard thereto. on of said
line
The right is reserved b
space above described for y Grantor to use the land Within the
not inconsistent with for general agricultural 75 foot
. not include the Grantee 's use of such propegt�zing or other purposes
the sole growing of trees thereon or y provided such use shall
judgment Company, any other use which might,� g of the P, y, interfere with the
Of the rights herebyght► in
granted. exercise by the Company
In addition to the consideration above r
right of way hereby granted, recited for
and if. leased the company the easement and
. to his tenant pant will Pay to the oti��ner
actual damages done to fences as they may be res of the land,
construction , terraces and growing Crops entitled, for
maintenance or removal of said line; Crops o no such payment will be made for trimming P Y reason of the
land Provided, however, that
nor for .removal of trees or other obstructions fromrees from said
such _ 75. foot
space after said line is constructed, as hereinabove
Provided.
TO HAVE AND TO HOLD tide abov
said Company, its successors and e described easement and rights
assigns, to the
until said line shall benabandoned.
If the construction of
the facilities to be erected and located under
the terms of this
this grant shall thereupon terminate andnot begun hin 15
all Years from the date hereof,
shall revert to grantor, his heirs and assignst9hts and interests hereunder
And I (we) do hereby Y bind myself (ourselves)
to warrant and forever defend all and (ou ) heirs and legal
described easement and rights unto the said Company,
assigns , against ever singular the above
same or an Y Person whomsoever lawfullany' its successors and
Y part thereof. Y claiming or to claim the
WITNESS -our handsthiS
._,Z�th day of Jut
;rrLsr:
SEAL
P-4
By$ leer
ilma J. aId Fox, City ;tanager for the CITY OF
Thomas, City 6ec WICNITA FALLS, A MUNICIPAL CCRpCRAIION
CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS
THE STATE OF TEXAS
County of.......
BEFORE ME,the undersigned authority,on this day personally appeared..................... . .
...................
known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that
.....--.. ............................executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this............... ......day of-----:...........
..............
_., A. D. 19_ . . ...
............................ ............... .....__....-_.... . .........
Notary Public.............. ................................... ..............County, Texas
C '< O
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'CJ ID M O'• to eD
O y O
CERTIFICATE. OF ACKNOWLEDGMENT FOR INDIVIDUALS
THE STATE OF TEXAS
County of........................ ....----
BEFORE ME,the undersigned authority,on this day personally appeared ...........
.............................
known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that
........... ......................executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this......................day of..........-.-
.................. ..•. ....., A. D. 19...........
...........................................................
Notary Public.... .......County, Texas
CERTIFICATE. OF ACKNOWLEDGMENT FOR CORPORATIONS, ASSOCIATIONS,
CHURCHES, SCHOOL DISTRICTS, ETC.
THE STATE OF TEXAS
County of. WICHITA. BEFORE ME,the undersigned authority,on this day personally appeared
CITY MANAGER
.... ---- .GERALD...FOX
f......... .......... . WICHITA COUNTY, TEXAS (Title)
_. known to me to he the
ersonM whose name(X) is MX) subscribed to the foregoing instrument, and acknowledged to me that.............. ... ...
xecuted the same as the act and deed of...................THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION
.........................................................................................................
nd as. . CITY MANAGER
Title
-- -..... ...._.thereof, and for the purposes and consideration therein expressed.
( )
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ........ day of...................Jul
Y. ......_.................I.., A. D. 19.72...
................................................................................................ ................
Wichita
Notary Public...................... . . ....................................County, Texas
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