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1961-11-06 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL FARMERS BRANCH,TEXAS November 6, 1961 The City Council met in a regular session on November 6, 1961 at the Community Building at 7:30 p.m. with all members present: Mayor Oley E. Attebery Councilmen Sam Page H. N. Mallon John Wilsey Don Knox Bill Hamilton City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Mayor Attebery called the meeting to order. Mr. O. M. Barger, Pastor of Webb Chapel Baptist Church gave the invocation. Minutes of Special Meetings, October 7 and October 11, were considered and approved. SCREENING FENCE FOR FARMERS BRANCH SHOPPING CENTER Mr. Sanders Campbell appeared before the Council to request that they be allowed to wait until the third section of the shopping center is buildt to construct a screening fence between the shopping center and the houses on Wilmington Street. Councilman Mallon asked, have we had complaints from the property owners? Mayor Attebery said, no, but this is in the ordinance and has not been complied with, it is up to the Council when this fence is to be built. Councilman Knox said, the purpose of the fence was to screen the center from the houses. Councilman Wilsey moved, approve building the screening fence as of the time the third section of the shopping center, or any part thereof, is built; seconded by Councilman Mallon; all voting "ayes". HIGHWAY 35E - ENTRANCES AND EXITS Mr. Robert Langdon appeared before the Council to obtain authorization from the Council for the City's Engineer to make a further study of the egress and ingress to Highway 35E and to ask the City to start negotiations with the Highway Department. Mayor Attebery said, we, as Mayor and Council are not experts on such problems and should have the City Engineer make this study. Page 12 Councilman Knox moved, direct the City Manager to have the Engineering Department to make this a first priority project and for the City Manager to work with the Engineering Department; seconded by Council- man Mallon, all voting "ayes". ORDINANCE NO. 310 - STREET PROJECT NO. 7 The City Manager explained that this paving is opposite the tennis courts behind the City Hall and the estimated cost is $1,500. The developer of the Demetra Apartments is in the process of paving Pepper- wood Street between Rawhide Drive and the south line of Wathenia Park Addition. The City owns certain property on a portion of the street and it is considered advisable for the City to enter into the paving of this street together with the developer of the apartments. Councilman Wilsey moved passage of the ordinance; seconded by Council- man Knox; all voting "ayes". Caption of the ordinance: AN ORDINANCE SETTING FORTH THE ESTIMATED COST OF PAVING PEPPERWOOD STREET OPPOSITE THE GUSSIE FIELD WATERWORTH PARK; APPROPRIATING FUNDS THEREFOR OUT OF THE STREET IMPROVEMENT BOND FUND UNAPPROPRIATED SURPLUS; AND DECLARING AN EMERGENCY. ELECTION FOR BOND ISSUE Mr. Lewis Lyne, Fiscal Agent for the City, had all papers prepared for calling the election, setting the date, setting dates for publi- cation and appointing judges and clerks. Councilman Page moved that a resolution be passed calling the election for November 25, 1961; setting November 9 and November 16 for publica- tion dates; appointing: Alex L. Acheson, Presiding Judge, W. N. Bent- sen, Assistant Judge, Mrs. Elizabeth H. Adams, Clerk and Mrs. Marguer- ite Free, Clerk; and, accepting and approving the recommendations of the Bond Study Committee; seconded by Councilman Hamilton; all voting "ayes". (Copy of resolution attached to City's records.) UPGRADING ZONING City Manager Orman said, the question has been raised concerning upgrading the zoning on the land north of Valley View Lane and west of Webb Chapel Road. It was desired that the Council discuss this before referring it to the Plan Commission. After discussion it was the decision of the Council to refer it to the Plan Commission for study, ask them to look into the possibility of zoning the area R-2 or R-3. Page 13 e4 5P THE STATE OF TEXAS ; COUNTY OF DALLAS : CITY OF FARMERS BRANCH : On this the 6th day of November, 1961, the City Council of the City of Farmers Branch, Texas, convened in Regular Meeting, at the regular meeting place, with the following members thereof, to-wit•: Oley Attebery, Mayor, Sam Page, H. N. Mallon, : Donald J. Knox, : Councilmen, John Wilsey, E. P. Hamilton, Jr., Mrs. Dorthanna Williams, City Secretary, i j being present, with the following absent; , constituting a quorum, at which time the following proceedings were had: Councilman sm No introduced a resolution and moved that it be adopted.- The motion was seconded by Councilman * P* NNN&UM . The motion carrying with it the adoption of the resolution prevailed by the following vote; AYES; Councilmen Page, Mallon, Knox, Wilsey and Hamilton. NOES: None. The resolution as adopted, is as follows; A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF WATERWORKS SYSTEM IMPROVEMENT AND EXTENSION REVENUE BONDS; SEWER SYSTEM IMPROVEMENT AND EXTEN- SION REVENUE BONDS; STREET AND DRAINAGE BONDS; FIRE STATION BONDS; PARK BONDS; AND PUBLIC BUILDING BONDS, WHEREAS, the City Council of the City of Farmers Branch, Texas, deems it advisable to issue the bonds of said City for the purposes hereinafter mentioned; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS; 1. That an election be held in said City of Farmers Branch Texas, on the 25th day of November, 1961, at which election the following propositions shall be submitted; PROPOSITION NO. 1 "Shall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the ONA& AAA, Aft amount of $ , maturing serially in such in- stallments as may be fixed by the City Council, the maximum maturity being not more than Forty (40) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, for the purpose of improving and extending the Cityts Waterworks System; to be issued in accordance with and secured in the manner provided in Articles 1111-11.18, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, and Chapter 250, Acts of the 51st Legislature, as amended by Chapter 23, Acts of the 52nd Legislature, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, secured by a pledge of the net revenues from the operation of the City's Waterworks and Sewer System." PROPOSITION NO, 2 "Shall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the amount of $ , maturing serially in such in- stallments as may be fixed by the City Council, the maximum maturity being not more than Forty (40) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, for the purpose of improving and extending the City's Sewer System; to be issued in accordance with and secured in the manner provided in Articles 1111-1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, and Chapter 250, Acts of the 51st Legislature, as amended by Chapter 23, Acts of the 52nd Legislature, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, secured by a pledge of the net revenues from the operation of the City's Waterworks and Sewer System." z PROPOSITION NO.3 "Shall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the sum of $ , maturing serially in such install- ments as may be fixed by the City Council, the maximum maturity date being; not mole than Forty (40) years from their date, and bearing interest at a rate not to exceed Five (5%) per cent per annum, and to levy a tax sufficient to pay the interest as it accrues and principal as it matures on said issue of bonds, for the purpose o$ constructing improvements to the Streets and providing drainage in connection therewith, as authorized by the Constitution and laws of the State of Texas." PROPOSITION No. 4 "Shall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the sum of _ , maturing serially in such install- ments as may be fixed by the City Council, the maximum maturity date being not more than Forty (40) years from their date, and bearing interest at a rate not to exceed Five (5%) per cent per annum, and to levy a tax sufficient to pay the interest as it accrues and principal as it matures on said issue of bonds, for the purpose of constructing and permanent- ly equipping a Fire Station and other structures in connection therewith, as authorized by the Constitution and laws of the State of Texas," PROPOSITION NO. 5 "hall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the sum of $ ' - . maturing serially in such install- ments as may be fixed by the City Council, the maximum maturity date being not more than Forty (40) years from their date, and bearing interest at a rate not to exceed Five (5%) per cent per annum, and to levy a tax sufficient to pay the interest as it accrues and principal as it matures on said issue of bonds, for the purpose of purchasing and improving land for Park purposes, as authorized by the Constitution and laws of the State of Texas PROPOSITION NO. 6 "Shall the City Council of the City of Farmers Branch, Texas, be authorized to issue the bonds of said City in the sum of $ , maturing serially in such install- ments as may be fixed by the City Council, the maximum maturity date being not more than Forty (40) years from their date, and bearing interest at a rate not to exceed Five (5%) per cent per annum, and to levy a tax sufficient to pay the interest as it accrues and principal as it matures on said issue of bonds, for the purpose of constructing a building to be used for servicing and storing City-owned vehicles and equipment and as an anDAal shelter, as authorized by the Constitution and laws of the State of Texas." 2. That said election shall be held at the City Hall, within said City, and the following named persons are hereby appointed (directors of said election: Presiding Judge, Assistant Judge, Aao4s,, Clerk, Oft gueri:te-< Free, Clerk. 3. The said election shall be held under the provisions of Chapter 1, Title 22 of the Revised Civil Statutes of 1925, as amended, including the provisions of Article 704, as amended by Chapter 382, passed at the First Called Session of the Forty Fourth Legislature, and only legally qualified electors who own taxable property in the City and who have duly rendered the same for taxation shall be qualified to vote. 4. The ballots for said election shall have written or printed thereon the following: PROPOSITION NO, 1 "FOR THE ISSUANCE OF WATERWORKS SYSTEM IMPROVEMENT AND EXTENSION REVENUE BONDS" "AGAINST THE ISSUANCE OF WATERWORKS SYSTEM IMPROVEMENT AND EXTENSION REVENUE BONDS" PROPOSITION NO. 2 "FOR THE ISSUANCE OF SEWER SYSTEM IMPROVEMENT AND EXTENSION REVENUE BONDS" "AGAINST THE ISSUANCE OF SEWER SYSTEM IMPROVEMENT AND EXTENSION REVENUE BONDS" PROPOSITION NO. 3 "FOR THE ISSUANCE OF STREET AND DRAINAGE BONDS" "AGAINST THE ISSUANCE OF STREET AND DRAINAGE BONDS" PROPOSITION NO, 4 "FOR THE ISSUANCE OF FIRE STATION BONDS" "AGAINST THE ISSUANCE OF FIRE STATION BONDS" PROPOSITION NO. 5 "FOR THE ISSUANCE OF PARK BONDS" "AGAINST THE ISSUANCE OF PARK BONDS" PROPOSITION No. 6 "FOR THE ISSUANCE OF PUBLIC BUILDING BONDS" "AGAINST THE ISSUANCE OF PUBLIC BUILDING BONDS" 5. A substantial copy of this resolution signed by the F I Mayor of said City and attested by the City Secretary shall serve as proper notice of said election. Notice shall be given in accordance with Article 704, Revised Civil Statutes of 1925, as amended by Chapter 382, passed at the First Called Session of the Forty Fourth Legislature, supra. The Mayor is authorized and directed to have a copy of said notice posted at the City Hall and at two other public places within said City not less than fifteen days prior to the date fixed for holding said election. There being no newspaper published within this City, the Mayor shall cause said notice to be published on the "2 P7 F X .S lValvew same day in each of two successive weeks in the a newspaper published within Dallas County, and having a general circulation in the City of Farmers Branch. The date of the first publication shall be not less than fourteen days prior to the date set for said election. Except as otherwise provided in said Article 704, as amended, the manner of holding said election shall be governed I 'by the laws governing general elections. ADOPTED AND APPROVED this the 6th day of November, 1961. Mayor ty of F ers Branch; Texas. ATTEST: ity Secretary, City of Farmers Branch, Texas. USE OF COUNTY FUNDS After a discussion of ways to best use the remaining $42,900 of County road funds, Councilman Mallon moved, instruct County Com- missioner Crowley to select Denton Road to be the first project to be completed in Farmers Branch with County funds, after 1961 allotment is exhausted continue with 1962 funds until the road is completed; seconded by Councilman Knox, all voting "ayes". RESOLUTION - CONTRACT WITH TEXAS POWER AND LIGHT COMPANY Upon a motion by Councilman Wilsey, seconded by Councilman Page, all voting "ayes", the Mayor was authorized to sign a contract between the City and Texas Power and Light Company providing for a supply of electric power and energy to be used by the City for Expressway Lighting. DELINQUENT TAX ROLL Upon a motion by Councilman Knox, seconded by Councilman Hamilton, all voting "ayes", the Total Delinquent Tax Roll in the amount of $3,158.90 for all years up to ardincluding the year 1960 as of September 30, 1961, as presented and signed by James R. Marsh, Assessor and Collector of Taxes for the City of Farmers Branch, was accepted and approved. Adjournment. Dorthanna Williams, City Secretary Page 14