{The following city road history/information was compiled from City Council meeting minutes from the years of 1978-2000 by New Fairview Mayor Joe Max Wilson.}
CITY OF NEW FAIRVIEW
ROADS HISTORY
1977
MARCH 14, 1977
A discussion concerning street signs for the Fairview roads culminated in
agreement to investigate the cost of such a project.
MAY 9, 1977
Mrs. Joe Thurmond, Mrs. T. L. Dodson, Jr., and Mrs. Evelyn Vaughn were named by Mayor Dodson to serve on the Street Sign Project Committee and bring their recommendations to the Council in the near future.
JUNE 13, 1977
A discussion of location of street light resulted in deference until all council members could be present.
AUGUST 8, 1977
Councilman John Layfield moved that the designated locations of street lights (at corner of 407 & 2264 and at corner of 407 & South Lane) be approved: seconded by Councilman Jerry Miller. Carried 5 for, 0 against.
OCTOBER 10, 1977 Street Names
- Illinois Lane has been named for nearly (or possibly longer) then 100 years.
- Pioneer Road because many pioneers lived on it such as Troxell, Smitherman, Ford, Van Meter, Yant.
- Thurmond Drive because J. F. Thurmond owned the land with frontage on it and in memory of his giving the land for church, school and cemetery nearly 100 years ago.
- Martindale named in honor of Charlie Martin who is going to install the signs.
- Keystone because the first oil well was drilled at the end of this road…55 or 60 years ago.
- Cross Country because many pioneers traveled cross country on this road.
October 10, 1977 meeting Councilman Layfield moved that the committee’s recommendations for street names be accepted; seconded by Councilman Kelly
Carried 4 for, 0 against, 1 absent.
1978
JUNE12, 1978
Mayor Dodson, introduced Mr. Jim Chism, representative of t meters inside Fairview were being served at present and that Denton Co. Coop would furnish a street light for every fifteen meters served. Fairview is in District 7 with Mike Holly, director. Mr. Chism offered to present an energy conservation program for the community upon request. A question and answer session proved informational to all.
1980
OCTOBER 13, 1980
Councilman Martin reported the repair of street signs damaged by vandals.
1984
OCTOBER 9, 1984
Letter to the County Commissioner concerning the upkeep of the roads inside the Fairview City limits was signed by the Mayor.
1986
APRIL 07, 1986
The motion was made by Councilman Truett Wilson, & seconded by Bill Kelly to dedicate, the to be roads of Chisholm Estates, to the county.
MAY 12, 1986
It was reported that the light on 407 and Cross Country Dr. corner had been repaired.
1987
FEBRUARY 9, 1987
Road maintenance in area was discussed.
MARCH 09, 1987
General discussion covered road maintenance in area.
APRIL 6, 1987
Charlie Martin asked for any possible help with County Commissioners to get Martindale Lane hot topped.
JULY 13, 1987
Cleo Burns presented a complaint to the council pertaining to speeding vehicles on Martindale Lane.
Marshall Carter agreed to visit and encourage, the people using Martindale Lane to slow down.
AUGUST 10, 1987
Marshal Carter reported that the speeding on Martindale Lane had slowed down. This was due to the friendly talks by the Marshall to those guilty of speeding.
1988
MAY 09, 1988
Lane Taylor had previously discussed complaints with Mayor Carter about the Bill Markham sub division on Pioneer Lane. After much discussion the motion was made by Councilman Charlie Martin and seconded by Bonito Olivas for Mayor Carter to correspond with the Wise County Commissioners, Planning & Zoning as follows:
The City of Fairview would like to release all roads to the County Commissioners. The City of Fairview would like to release all sub-division and septic tanks, Water Control to Wise County planning and zoning. This pertains to Bill Markham sub-division on Pioneer Lane in the City of Fairview.
AUGUST 08, 1988
Discussion was made about the sign on Pioneer Road being down. Subject was tabled until further notice.
SEPTEMBER 12, 1988
The discussion about the sign on Pioneer Road that was tabled from Aug. meeting will be taken care of by Marshall Carter, Tony Dickey and Charlie Martin, Sr.
OCTOBER 10, 1988
A report from the volunteers: (Dickey, Carter & Martin) who replaced the post and sign on Pioneer Trail. Job was completed, but the old sign read Pioneer Trail and the new sign reads PIONEER. Mayor Carter will check with the County to see how it is registered and if necessary will replace it correctly.
NOVEMBER 14, 1988
Mayor Carter reported that she had not checked with the County about the correct name of the Pioneer Trail Road.
1989
AUGUST 14, 1989
Paulette Layfield discussed the street signs needing to be painted. The county takes care of these.
SEPTEMBER 11, 1989
Mayor Alvin Carter has talked to the commissioner regarding the street signs and was told they would paint them.
NOVEMBER 13, 1989
There was discussion regarding the street signs. They have not been put up.
DECEMBER 11, 1989
The street signs are still down. The mayor will check on those at a later date.
1990
MARCH 12, 1990
There was discussion regarding the street signs that are still down. It was determined that there will probably have to be changes in some of the names of streets when 911 is complete and put into operation probably sometime next year. Paulette will check further into this.
JUNE 11, 1990
Charlie Martin Sr. discussed the possible ways to slow traffic on Martindale because of speed of cars creating excessive dust and also danger to children at play in the area. Martindale is a designated city road. It was decided that signs might help and that possibility will checked into with a report given next meeting.
SEPTEMBER 10, 1990
There was discussion regarding the road signs. It was agreed they are in a mess and probably wouldn’t be corrected until instillation of 911. The Mayor has contacted both the commissioner and the city engineers regarding the signs and was unable to obtain any information.
OCTOBER 8, 1990
There was discussion regarding out street signs that need reinstalled. Paulette remembered that Charlie Martin, Jr. installed the signs when they were first put up. She said that she and Raul would be glad to put them back up.
Then there was discussion if it would hinder the operation of 911 if the old Illinois street signs were reinstalled on 407. Paulette and Bert Carter will get together to investigate and make whatever arrangements are needed for reinstallation of the sings and report back at a later date.
NOVEMBER 12, 1990
Discussion regarding the street signs was tabled until a later date.
1991
FEBRUARY 11, 1991
Mayor Pro Tem Layfield read a letter from Wise County concerning a meeting to be held to assign names to roads. Marshall Carter will attend the North Texas Council of Governments meeting to be held on February 26, 1991.
JUNE 10, 1991
Mr. Brian Frazier asked the Council for approval of the final plat for development of Highland Meadows. Basically, the roads are not completed. Mayor Layfield will call Mr. Rattan to see how we are obligated if we approve the final plat. Charles Stewart suggested the County Judge might also have an opinion. It was decided to call a special council meeting on Thursday, June 13 to vote on the approval or disapproval of the final plat.
JUNE 13, 1991
Brian Frazier again asked the council to approve the final plat of Highland Meadows sub-division. Mr. Frazier will build roads to county specifications.
Mr. Rattan in a telephone conversation with Mayor Layfield strongly advised the City seek legal counsel.
Mr. Frazier stated “the Veteran’s Land Board will not approve loans for land purchases in sub-divisions where roads are not paved.
If the City Council agrees to approve the final plat, we are saying the roads are completed when they are not. The job could possibly remain unfinished. A law suit against the City is not out of the question.
Mr. Dickey state he did not agree with approval until the roads are completed. Mr. Frazier stated, “His roads were up to county specifications”.
Mr. Stewart said he would rather see legal counsel.
Motion was made by Councilman Tony Dickey that we get legal counsel, seconded by Councilman John Judge. Motion carried unanimously.
Mayor Pro Tem Latham assured Mr. Frazier Council would proceed in an expeditious manner, so as not to hold Mr. Frazier in abeyance too long.
JULY 7, 1991
Mayor Layfield reported she had spoken with Mr. Woodruff. The City of Fairview is responsible for the roads in the Highland Meadows Sub-Division. When the Council signs the plat we are saying we approve a sub-division within the City, which makes the City responsible for the roads. The fact that no taxes are levied does not diminish our responsibility for the upkeep of the roads. This information came from Mr. Woodruff and Mr. Forbes. Mr. Woodruff recommended the Council adopt an ordinance to disannex that property known as Highland Meadows from the City of Fairview. He stated Mr. Frazier’s lawyer should be asked to draw up the papers, thereby, freeing the Council of any responsibility for the roads. Responsibility would be that of Wise county and if they don’t then it will be between the landowners and the developer. Mr. Woodruff reiterated, we should get Mr. Frazier’s attorney to prepare the papers for disannexing, because that way everyone is in agreement.
1993
MARCH 8, 1993
John Ed Judge was appointed to look into the purchase of street signs and
will report at the next meeting.
A draft of the letter to the residents regarding their house numbers for 911 addressing was presented to the council. No changes were recommended and the letter will be mailed to the residents. The letter informs residents of their assigned house number along with instructions on where to place
the house number so that it is visible from the road.
MAY 10, 1993
ITEM #2
Curtiss Aydlotte has offered to check into cost of street signs and report back to council of cost. Signs needed Graben Rd. Cross Country, Judge Lane, Brock Rd. and Pioneer Dr.
SEPTEMBER 13, 1993
ITEM #2 UNFINISHED BUSINESS
Street sings, Curtis Aydlotte reported May Advertising has gone out of business. Mayor, Paulette Layfield will as John Ed Judge to pursue other sources and options.
1994
FEBRUARY 7, 1994
ITEM #4
The city secretary was authorized to get the city street signs make that had been approved in 1993.
MAY 9, 1994
ITEM #4
The new street signs were given to the members present that need them on their streets and agreed to see that they were properly installed.
1994
JUNE 12, 1995
The secretary will compose a letter to be sent out along with the information of street signs as soon as possible.
OCTOBER 3, 1995
2) Mr. Neely was given the floor to present the final platt for the new addition and give information to the council to help in this request. He presented the council with a copy of the insurance bond for road development and improvements through Calvin Jones Insurance Agency.
NOVEMBER 8, 1994
The discussion of still needing the 911 letter sent out to residents telling of their street numbers will be tabled until the secretary is back.
1995
OCTOBER 10, 1995
The meeting was called to order by Mayor Layfield.
The Council was given a copy of Ordinance drafted by Attorney Dan Williams. The understanding of this Council was as follows
A) The original draft was read at this meeting and there would be the need to have the draft read and or changed with two or more writings before it would be formally adopted by the Council.
B) This was accepted by all present Mayor Layfield states she would redraft the changes and send to Mr. Dan Williams for the second draft.
C) One of the main contentions of agreement of all council members was the road conditions at time of acceptance.
D) The need to define what was a paved road according to county specifications and the standard for this to be maintained.
E) What options would be need if this was not passed with a majority vote.
NOVEMBER 13, 1995
The meeting was called to order by Mayor Layfield the meeting was first addressed by Scott Neeley with a prepared statement that was asked to be entered in the minutes as follows:
A) Two months ago he first entered into the discussion with the council concerning five (5) blue lines for plat acceptance by the council as of this date the new Ordinance is not into place and agreement with the developer has not been met to provided legal documents for landowners.
Mr.Neeley stated other developers in this area were not having this problem.
B) The question put to Mr. Neely was acceptable of the road by the existing landowners? They had voiced some dissatisfaction as to their completion. The question arose as Centel Telephone not being able to obtain right of way to lay cable for service because it crossed some property
2) Robert Latham, Pro Tem asked how long it would take to get this drawn up to everyone’s satisfaction.
Mr. Tom Lange resident stated the homeowners association that circulated a petition of intent to all residents which stated as follows:
A) The road must be to Wise County specifications
B) A letter of intent was needed by the developer and a penalty of $1,000.00 per day would be assessed past the agreed timeframe.
C) Each landowner would agree to pay a yearly fee of $500.00 to be collected by the City of Fairview to maintain the roads after completed by County Specification.
D) The list consisted of 21 persons for the agreement and 19 against.
E) The Phase 1 was completed but not up to their expectations of promise by the by the developer said at this time was adequate only it is still not ready for rural mail delivery or school bus. This is essential before final plat will be signed by city.
DECEMBER 18, 1995
4) Mr. Bruce Martin, an engineer from Arlington will look at the roadwork on Phase I of the new addition when this independent engineering has given their final approval the city will then issue a final approval of Phase I of this plat presented to the city by developer Everett Frazier. This will be binding according to city attorney, Dan Williams of Decatur.
5) Phase II is in the later stages of grading. The note should be made into the records that an error on the Phase II printing has been brought to the council’s attention. The layout of the plat is fine just the grammar.
1996
MARCH 11, 1996
3) Mayor Pro Tem Thomas Lange reported the street signs were ready with the exception of one end cap, and the speed limit sign.
5) The second reading of the new road maintenance tax ordinance was read with no further discussion. The third reading scheduled April 8, 1996 as required by law should see this ordinance adopted.
APRIL 8, 1996
4) Phillip Hawkins talked to DAK Investments and has reported to council that once the roads are up to County specifications and has met all the requirements of the city of Fairview they will become the responsibility of the city.
MAY 13, 1996
6) The need for (2) curve signs was brought before the council due to the obstructed view on one of the roads which has a sharp ninety (90 degree) turn. The turn was considered dangerous enough to warrant this addition to the street.
7) The need for names for the new streets in necessary to see to emergency vehicles. None are there at this time. This will be on the agenda for the June meeting. The name Branding Iron was make for the main road in Phase II; this was presented by Mayor Pro Tem Thomas Lange. Second by Phillip Hawkins and approved by all present.
JUNE 10, 1996
Street names on Phase II was the next order of business. They were needed for 911 EMS. The council decided to name them after the council members and secretary as that was just the amount of roads names needed. Phase II is 50% completed and will need names for them also. The Phase III names are as follows: Morgan Place, Hilltop Court, Judge Court, Wilson Court, Aydelotte Court, Lange Way, Hawkins Way, Latham Lane, And Creasser Lane. The motion to accept them was make by Jerry Creasser second by Thomas Lange and approved by all present.
The cost of the street signs were discussed: Mayor Latham stated the cost of all these new signs were out of our budget and the next set of street signs would need to be bought by the developer this would also be added into the city ordinances, and or deducted from the road maintenance fund once it was started.
The entrance culverts will need to changed in the cities requirements. The existing ones are not large enough to accommodate the traffic. The road top needs to have (2) inch course treatment, with a four (4) inch hot melt as required by the County. The council will ask an amendment to the road ordinance that a four (4) inch top be used.
The entrance approach from the state road is four 4 inches the need to amend is located on page five (5). 3 of the general rules of road treatment.
JULY 8, 1996
2) Old business street names in Phase III were decided as follows
A) Morgan Place, Hilltop Court, Judge Court, Wilson Court, Aydelotte Court, Lange Way, Hawkins Way, Latham Lane, Creasser Lane.
The motion to accept these was made by Jerry Creasser and second by Thomas Lange and approved by all present. The streets are 50% graded.
3) The cost of street signs will need to be taken out of the maintenance fund as this quite expensive for all the new streets. This will need to be brought to the attention of any new developer. Each resident will need to be contacted to start the billing year as soon as possible.
NOVEMEBER 18, 1996
4) Mr. Tony Dickey asked to address the council concerning road conditions on Pioneer Drive. He did not understand why the County refused to maintain the road. He requested the City dean his and Mr. Jesse Coker’s land as they both are residents of that road. They explained we could not deannex that section or any other part of the city because we had used that option years ago and it could not be exercised again. He requested we cal Mitchell Energy one of the companies with her most heavy trucks to inform them of the problem. The city secretary stated she would make the call. He also suggested a road limit sign be placed on al streets/roads to prevent the abuse of large heavy trucks in the future.
7) The council discussed approaching the County with idea of contracting the County to maintain the roads due the fact they already have the equipment and man power. This we will need to take under future discussion.
1997
JANUARY 13, 1997
8) Mitchell Energy was contacted and they agreed to fix the road and would do so as soon as possible.
FEBRUARY 10, 1997
5) Terri Olson requested to speak on the letter she had written to DAK Investment concerning the many problems the new residents were having getting the roads finished plus other items that were in their original contracts. She stated the Texas Veteran Land Board would be willing to listen. The more complaints they heard the better the chances of getting heard. She requested more people need to write in as she, had to get results.
6) Tony Dickey spoke on the condition of the road on which he resides. This has been a continuous problem since the County quit grading and doing periodic maintenance. We had requested Mitchell Energy to and do repairs as their large trucks had caused most of the damage. It was agreed there is a problem and the council will take it under consideration on how to solve the problem. In the mean time Mitchell Energy had been contacted and were responding.
March 10, 1997
2.The City received a letter from Scott Neely explaining the roads in Phase II and III would be completed by Mid April 1997 as agreed. This was in response to the certified letter sent to him the previous month. He also sent a new performance bond to extend the time on the road completion.
3.Mayor Robert Latham talked to Jerry Fluche, the County Commissioner of our area concerning the road maintenance in our city.
The City would need to pay a minimum fee of $3,000.00 per year to maintain roads not paved outside the Chisholm Hill area alone.
APRIL 14, 1997
5.Phillip Hawkins questioned the County Road Tax and how it was used in our County. We were told there was a limited amount to be spent on the hundreds of roads in our county. Jerry Fluche the elected Commissioner for our area stated he would do all he could to the keep the roads in as much upkeep as was allowed in his limited budget.
7.A Zoning Ordinance would be on the next month’s agenda to obtain guidelines on Zoning. This would be as follows:
4) Width of Street
MAY 27, 1997
4.The streets in Phase I are still not stable and are deteriorating rather rapidly. The Council will look at other road restrictions with the new Sub-division Ordinances passed by the County. The Council will obtain a copy at a cost of $15.00 to see if they may be of any help to our city.
8A Zoning Ordinance was touched on and would be discussed at the next meeting.
4) Width of Street
JUNE 9, 1997
OLD BUSINESS
2.A letter will need to be sent to Scott Neely asking for a copy of the road specification he is using in the Sub-Division Chisholm Hills. The City Secretary will get such a letter to the Mayor to sign.
NEW BUSINESS
2.The Ordinance concerning the roads was discussed again and all agreed the need to have them put in for the duration of not less than twenty (20) years. with minimal maintenance.
The only type of road to meet those qualifications would be concrete.
JULY 14, 1997
7.Henry Taylor spoke on the condition in Phase I of the road problem.
We reminded him the city does not have equipment to maintain the roads and the road fee which would be imposed has not gone in effect because of not getting an accurate list of residents from the tax office.
JULY 31, 1997
3.The issue of concrete roads was put on the table at this meeting for discussion. This is a vital part of keeping any new developer from putting in the least expensive roads he can, not giving the residents what was stated in the sales pitch.
AUGUST 11, 1997
OLD BUSINESS
2.Mayor Robert Latham stated he had talked to the engineer from the Developer’s office and had requested drawings on the erosion control along with other information. To date the developer has not responded to any of our certified letters. Phase I and II are still not up to the specifications originally stated. We will discuss this with the Lawyer to see if and/or what kind of legal status we have.
NEW BUSINESS
1.The Mayor will contact Commissioner Jerry Fluche to obtain a copy of the old County specifications before they were revised. This will help to see if any of the old rules may have been overlooked in the process of the roads being constructed.
SEPTEMBER 8, 1997
OLD BUSINESS
3.The street paving issue was brought to the table.
L & W Contractors of Granbury we were told would start Phase II & III around the first of September possibly the middle of the month.
To date this has not happened.
Work can not be done after Mid-October due to the temperature issue.
The work will need to be delayed again until in the spring.
OCTOBER 13, 1997
OLD BUSINESS
2.Mayor Robert Latham has talked to Scott Neely concerning the road conditions in Chisholm Hills.
Mr. Neely has stated the dead line of Sept. 30, 1997 could not be met for several reasons. One being the contractor not being able to get the proper size of road base because of a shortage that has been felt in our area.
The new Contractor I.D.J. owned by Cary Allison, spoke with the Mayor and he agreed he could not put asphalt on the roads when the temperature dropped below 50 degrees, dirt work would start as soon as possible.
The City approved the time frame change because of the rock issue and a letter was sent to Mr. Scott Neely.
Mr. Neely stated when the final paving was finished a bond that will equal one year maintenance will be given to the city. According to the engineers drawings there are several flaws in the drawings we will need to address to Mr. Neely.
The Mayor will make scaled maps for the City Inspector.
DECEMBER 8, 1997
NEW BUSINESS
4.We have asked that Mr. Telford, our Attorney, draft a letter to the developer concerning the roads in Chisholm Hills. To date every letter written or phone call has met with silence. They are past the deadline for doing the work promised to the city in contract. The roads have never been deeded to the city. This is required by law for the city to takeover and maintain. It has not happened.
_________________________________________________________
1998
JANUARY 12, 1998
NEW BUSINESS
5.The letter to Mr. Frazier and Mr. Neely was ready and approved to be sent to the developer.
FEBRUARY 8, 1998
OLD BUSINESS
3.The letter addressed to the developer, in Chisholm Hills, was read and approved to be sent.
MARCH 9, 1998
F.Letter to developer of Chisholm Hills Edition was not accepted
Motion made by Phillip Hawkins 2nd by John Ed Judge accepted by all present.
APRIL 13, 1998
E.Mark Schulter, Texas Dept of Transportation spoke on asphalt versus concrete streets.
A map of Fairview will be drawn by this department.
State has been notified to put up city limit signs.
MAY 11, 1998
C.Motion was made to give City Attorney Randy Telford the authority to proceed with legal action again developer Everett Frazier, Scott Neely, DAK Investments and all interested parties.
Motion made by Phil Hawkins 2nd by Martha Crutchfield Motion carried.
JULY 13, 1998
I.The Mayor, Robert Latham, read a letter from the Attorney concerning the Chisholm Hills Developer, Scott Neely. The road issue is very immediate in all the minds of the citizens.
AUGUST 10, 1998
B.The Attorney discussed the breach of contract with the developer in the Chisholm Hill Sub-Division.
He explained the roads were never accepted by the City because they were never brought to County or City Specification; therefore the roads remain private roads owned solely by the developer.
SEPTEMBER 12, 1998
C.Ordinance 1998-0015-0024, abolishing the old road tax was presented and passed.
Motion by Phil Hawkins. 2nd by Ranee Noll.
Approved by Council present.
1999
MAY 17, 1999
II.ACTION ITEMS
(C)Discuss, Consider, and Act on Amending Ordinance #1996-01-005 Section 6.06 – Roads
Councilwoman Wilson made a motion to amend Section 6.06 Roads to read 2″H.M.A.C. over 8″ lime stabilized sub grade compacted. The motion was seconded by Councilwoman Matthews.
Votes: Ayes:All Noes:None
V.EXECUTIVE SESSION
A. Section 551.071- Contemplated or Pending Litigation or Settlement
Discussion of Law Suits for Chisholm Hills.
VII.ACTION FROM EXECUTIVE SESSION
A.Discuss, Consider and Act on Law Suits for Chisholm Hills.
No Action Taken.
MAY 28, 1999
IIICONSENT ITEMS
A.MAYOR’S REPORT
6.The City has the option of extending road requirements to the extra territorial jurisdiction. However, the county can control it as much as the city. If the City tries to control the ETJ then it would become liable and could not recover any cost for the engineering or attorneys.
JULY 12, 1999
I. PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA
John Osborne of 614 Hilltop Trail spoke regarding the conditions of the roads in the Chisholm Hills development, suggesting a weight limit be put on the roads, and people speeding on the roads.
II. ACTION ITEMS
A. Discuss, Consider, and Act on an Ordinance Limiting the Weight of Vehicles on Residential Streets
Doug Mitchell of Mitchell Energy spoke on the needs of his company concerning the use of trucks in the City, and on the speed limit of trucks working for his company.
Councilwoman Scales made a motion to table the ordinance until more research could be done. Councilwoman Crutchfield seconded the motion.
Votes:Ayes:Councilman Wilson, Councilwoman Scales, Councilwoman Matthews, and Councilwoman Crutchfield
Noes:Councilwoman Noll
AUGUST 9, 1999
III.PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA
Jim Gray of 442 Latham, New Fairview spoke about proposed weight limits on the City’s residential streets. He presented the Council with a certified weight ticket of his truck when empty. He expressed concerns for the cost of the equipment that would be needed to enforce the ordinance, as well as the inconvenience and expense of those who live in the City that own trucks.
V.OLD BUSINESS
C.Discuss, Consider and Act on the Ordinance Limiting the Weight of Vehicles on Residential Street
Councilwoman Noll did research at several other cities. She presented copies of their ordinances for the City Council to review.
The City of Watauga presently has a weight limit of 20,000 pounds.
They had originally started with a limit of 7,000 pounds, but found that too hard to enforce.
The City of Rhome also has a limit of 20,000 pounds.
The City of Justin currently has a 24,000 pound weight limit.
Ray Cunningham who owns property on Martindale expressed his concerns about a 50 x 60 truck shop that he has on his property. He plans to move to the location in the future and was going to us the shop to work on his truck and store it during inclement weather. He is wondering how this ordinance will affect him.
Doug Mitchell discussed the Over Weight Permit that truck drivers can purchase from the Department of Transportation. This allows the truck driver to drive on roads that are over the weight limit without paying fines.
Mr. Gardner suggested that the ordinance be for per axle limits, because the weight can be distributed over the entire truck. He also expressed concern about how ordinance would affect his company that constructs steel-frame houses.
Councilwoman Scales made a motion to table the Ordinance. Councilwoman Matthews seconded the motion.
Votes Ayes All Noes None.
VI.ACTION ITEMS
D.Discuss, consider and Act on Request to the Texas Department of Transportation to make U.S. Highway 287 Access Roads in the City Two Way.
Councilman Wilson presented a handout with information he had concerning the item. He read the handout to the audience.
Councilwoman Scales expressed her desire to help Councilman Wilson with this endeavor.
Councilwoman Scales made a motion to allow Councilman Wilson to represent the City in working on the project. Councilwoman Noll seconded the motion.
Votes: Ayes All Noes None.
AUGUST 16, 1999
Final Plat for Sky View Ranch about roads
Mr. Landes discussed the difference between the stabilized limestone streets on the plat and the lime stabilized ground required by the subdivision ordinance. Councilwoman Scales agreed with Mr. Landes that the limestone street would be a better street. She has talked to five other engineers and three of them had said that it would be a superior street to what the current ordinance mandates.
The Final Plat will be presented in its entirety at the August 30, 1999, Special Council Meeting.
Councilwoman Scales made a motion to allow the 8” crushed limestone roadbed. Councilwoman Matthews seconded the motion.
Votes:Aye:AllNoes:None
Councilwoman Scales made a motion to set a 30mph posted speed limits on all streets in the Sky View Ranch Subdivision. Councilman Wilson seconded the motion.
Votes:Ayes:AllNoes:None
Councilwoman Matthews made a motion to discuss the road width of 26 foot. Councilwoman Crutchfield seconded the motion.
Councilman Wilson said that he did not have a problem with the reduction of the road width if the speed limit would be enforced.
Councilwoman Matthews made a motion for the road width to stay at 26 foot. Councilwoman Crutchfield seconded the motion.
Votes: Ayes:Councilwoman Matthews, Councilwoman Crutchfield
Noes:Councilman Wilson, Councilwoman Scales
To break the tie votes the Mayor Voted:Aye
Thus, the motion for the road width to stay at 26 foot passed 3 for – 2 against.
AUGUST 30, 1999
II.PUBLIC HEARING
A.Public Hearing: Consideration of Annexation of Farm to Market Road 407 as described in the attached exhibit.
Rich Rowan of 5406 E Lancaster, Fort Worth, spoke regarding what was being annexed and why.
The Mayor answered his questions regarding the annexation.
III.ACTION ITEMS
F.Discuss, Consider and Act on Settlement of Johnson Country Oaks/Chisholm Hill addition Lawsuit.
(This pertains to the roads)
Councilwoman Noll made a motion to accept the proposed settlement with the July 31, 2000 deadline. Councilwoman Scales seconded the motion.
Votes: Ayes AllNoes None
IV.OLD BUSINESS
A. Discuss, Consider, and Act on Final Plat for Sky View Ranch
Councilwoman Noll made a motion to remove the item from the table. Councilwoman Matthews seconded the motion.
Councilwoman Scales made a motion to accept the final plat as submitted with the TXDOT letter signed. Councilwoman Matthews seconded the motion.Votes:Ayes:AllNoes:None
***Added because roads were under this at previous meeting.
AUGUST 31, 1999
II.PUBLIC HEARING
A. Public Hearing:
Consideration of Annexation of Farm to Market Road 407 as described in attached exhibit.
Carroll Webb of 145 Graben LN and Dick Chase of 321 Graben LN represented the Homeowners Association of the Airport Community located in the City’s ETJ. They wanted to verify where the borders of New Fairview were. They also questioned zoning and airport considerations for a possible future annexation request, and to see what protection they had from other cities.
SEPTEMBER 13, 1999
A. Discuss, Consider, and Act on Name Changes for Certain Streets in Chisholm Hills Subdivision
Councilwoman Scales made a motion to accept the name of
Layfield Lane for the street presently names Latham Lane and the name of Stewart Street for the unnamed street at the north end Layfield Lane. Councilwoman Noll seconded the motion.
Votes:Ayes:All PresentNoes:None
SEPTEMBER 20, 1999
III. ACTION ITEMS
A. Discuss, Consider, and Act on an Ordinance Annexing a Portion of
Farm to Market Road 407
Councilwoman Scales made a motion to approve the Ordinance as presented. The motion was seconded by Councilwoman Noll.
Votes:Ayes:All PresentNoes:None
CITY OF NEW FAIRVIEW, TEXAS
ORDINANCE 1999-26-053
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF THE TRACT OF LAND HEREINAFTER MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS TO THE CITY OF NEW FAIRVIEW, TEXAS, FOR ALL MUNICIPAL PURPOSES; SAID LAND BEING WITHIN ONE-HALF (1/2) MILE OF THE CORPORATE LIMITS OF THE CITY OF NEW FAIRVIEW, TEXAS AND LYING AND BEING ADJACENT TO AND CONTIGUOUS TO THE JURISDICTION OF THE CITY OF NEW FAIRVIEW, TEXAS; PROVIDING FOR SPECIFIC FINDINGS, A SERVICE PLAN AND THE EXTENSION OF THE CORPORATE LIMITS OF THE CITY OF NEW FAIRVIEW, TEXAS TO INCLUDE THE ANNEXED TRACT; PROVIDING FOR PARTIAL INVALIDITY; PROVIDING FOR THE AMENDMENT OF ORDINANCE 1999-20-047, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NEW FAIRVIEW, AS HERETOFORE AMENDED, BY DESIGNATING THE ZONING CLASSIFICATION OF OFFICIAL ZONING MAP TO REFLECT SUCH DESIGNATION; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE SUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE.
SECTION 2
That the hereinafter described land which lies in Wise County, Texas, and is within the extraterritorial limits of, is adjacent to and is contiguous to the present corporate limits of the City of New Fairview, Texas, the same is hereby annexed to the City of New Fairview, Texas for all municipal purposes and the corporate lines and limits of the City of New Fairview, Texas, are hereby extended to embrace the said tract of land, which is more particularly described by metes and bounds as attached hereto as Exhibit “A” and incorporated herein for all purposes.
SECTION 7
That Ordinance1999-20-047, as amended, be and is hereby amended so as to provide for the zoning designation of “A”- Agricultural to said tract of land, which is more particularly described by metes and bounds as attached hereto as Exhibit “A” and incorporated herein for all purposes.
This ordinance shall be in full force and effect from and after its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of New Fairview, Texas, be a vote of 5 to 0 on this the 20th day of September, 1999.
Exhibit “A”
To Ordinance 1999-26-053
Beginning at the Northeast corner of Block 23 of the Smith County School Survey thence North 90 feet to the Southwest corner of Block 13 of the Smith County School Survey.
THENCE, West along the North right-of-way line of Farm to Market Road 407 to the Southwest corner of Block 25 of the Smith County School Survey.
THENCE, South 90 feet to a point in South Right-of-way of Farm to Market Road 407 in the Northeast corner of Block 24 of the Smith County School Survey.
THENCE, east along the South right-of-way line of Farm to Market Road 407 to the Northeast corner of Block 23 of the Smith County School Survey to the Beginning Point this is a continuous parallel direction with Block 13 of the Smith County School Survey
NOVEMBER 8, 1999
IV. CONSENT ITEMS
The City will discuss the load limits on City roads during the December meeting.
NOVEMBER 29, 1999
II.OLD BUSINESS
B.Discuss, Consider and Act on Construction and Excavation Ordinance.
The following suggestions were made to alter the ordinance.
5.Any roads intended for public or commercial use must meet
criteria of City of New Fairview ordinances.
Councilwoman Matthews made a motion to accept the ordinances with the changes that were made. Councilwoman Crutchfield seconded the motion. Votes Ayes Councilwomen Crutchfield and Matthews. Noes Councilman Wilson, Councilwomen Noll and Scales.
DECEMBER 13, 1999
V. CONSENT ITEMS
A. Mayor’s Report
He reported that the Texas Department of Transportation has recommended that Decatur receive $300,000 grant for major improvements to sidewalks and crosswalks on the Courthouse Square. Bill Nelson explained that this project went back to ICETEA a six-year program (1992) divided federal money into funds for different work. One category was enhancement projects, was to use transportation money to make improvement on transportation facilities such as bus depots or train depots. This will help meet the American with Disabilities Act.
The Mayor stated that this was unwise of the Federal Government to spend this money in such a manner, instead of fixing roads where people were getting killed.
Mr. Nelson suggested that comments be sent to Federal Representatives.
Councilman Wilson asked several questions.
In March Mr. Nelson came out and talked about the access road being one-way.
In September, the feeling was that it would not be made two-way.
TX Dot is waiting for Texas A&M to complete a study of the access roads on Interstate 20. He is waiting for a meeting with Mr. Simmons. He asked for what information the City needs to make the road two ways. The state has been concerned about the road being too dangerous. However, there are many roads in the area that are two ways:
Rhome, Arlington by Texas Stadium, and Haltom City by Loop 820.
The Church next to City Hall is growing and does not have an official driveway. A nursery being built will also not have a good driveway.
The City would like to make a better presentation to the State for two-way access roads.
Mr. Nelson said that the City needed to contact Mr. Simmons to meet
Councilman Wilson added that Farm to Market Road 407 and 2264 are also of concern.
One thousand families live on Farm to Market Road 2264.
Farm to Market Road 407 has an extremely dangerous corner at the county line.
Mailboxes on both roads are placed on the road are extremely dangerous. Can the City or TXDoT do something about moving these?
Mr. Nelson said the FM 2264 accidents are not being reported and investigated by DPS.
All of these accidents need to be reported so that the road can demonstrate a higher than average amount of accidents.
State Highway 114 from the Wise County Line to Rhome has not been funded. The right-of-way has been purchased. As soon as the engineering plans are completed and turned in the money should be made available.
State Highway 114 from Interstate 35 to Farm to Market Road 156 has been moved up. It will be done in two sections. The second section from Farm to Market Road 156 to the Denton County Line is still low of the list of projects.
IV:ACTION ITEMS
C.Discuss, Consider, and Act on Weight Limits on Streets
Councilwoman Noll said that she had driven the streets and made notes. She had done research and presented the Council with copies of ordinances from other cities. She felt that the damage was caused by other sources: school bus and garbage trucks.
The Mayor stated that not every street is the same. The ordinance needs to be in place prior to new streets being in place. This will let prospective buyers know that they will not be able to drive large trucks onto the street before they buy property.
Councilwoman Scales made a motion to table the ordinance until the ordinance can be broken down into street types. Councilwoman Matthews seconded the motion.
Votes:Ayes: Councilman Wilson, Councilwoman Scales, Councilwoman Crutchfield, And Councilwoman Matthews
Noes:Councilwoman Noll
2000
JANUARY 10, 2000
VI. PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA
Councilman Wilson spoke as a citizen regarding an article from the Fort Worth Star Telegram. The article was regarding street repairs in Haltom City. The city did not have the funds to repair the streets; therefore each citizen who lived along a street that was to be repaired had to pay for a portion of the repairs. Mr. Wilson also addressed the Council about starting a petition for repairing Farm to Market Road 407. The petition could be left at City Hall.
MARCH 6, 2000
A. Discuss, Consider, and Act on Chisholm Hills Phase III
The Mayor expressed the need for replatting of a section of Phase III that involved water well being placed at the end of Creasser, which is currently shown as a road right-of-way. The gas pipeline on Layfield and Stewart is drawn incorrectly. A gas well was dug in the middle of Stewart, and it needs a barricade. Latham and Lange both have high culverts that need guardrails to keep people from driving off the road. He would also like other streets to be cored so that the City can accept them.
Councilwoman Noll expressed her concern that we were looking at Phase III, when streets in Phases I and II were not finished.
Rob Crabtree representing Johnson County Oaks that in January 1996 the City signed an agreement with the developer concerning the roads in Chisholm Hills. The City at that time agreed to assume the maintenance requirements and agreed to take over those roads and take over Phase II and III, as they were finished.
A road tax was accessed at that time. Phase I was finished in 1994.
The roads were approved by the Wise County Commissioner.
Mr. Crabtree will give the City $50,000 to improve the roads and accept them. The roads are made to Wise County Specifications, and he is concerned about the guardrails and barricades causing a wreck. Any deviation from the specifications can hold the developer liable. If the City puts up the barricades at the developer’s expense, then we do not have to sign the letter.
Councilwoman Noll replied that the roads were not completed by the dates shown in the agreement. Mr. Crabtree agreed that they were not, and that they were six inches of base with a double penetration not two inches of asphalt.
The Mayor asked the Council if they would accept the money, drop the lawsuit, and accept the roads. Councilwoman Noll responded that she thought that the people on those streets should have a say on whether to accept them.
Councilwoman Scales said that it was her understanding that the Council had already accepted the agreement, and that we were waiting for the lawyers to complete the paperwork.
Councilman Wilson asked that the item be looked up and given to the council at the next meeting.
Councilwoman Noll was concerned with the City’s liability since the Mayor has not contacted TML and the legal issue with the funneling of money from the developer to the City for the building of the barricades
Councilwoman Matthews made a motion to table the item to the next meeting so that the Mayor may check with TML. Councilman Wilson seconded the motion.
Votes:Ayes:AllNoes:None
MARCH 13, 2000
V.ACTION ITEMS
A.Discuss, Consider and Act on Proposal Ending Lawsuit with Johnson Country Oaks.
The Mayor suggested that Section 2 B be changed to 45 days. He also suggested to change to the second page third paragraph to allow a fire department and that the developer must immediately agree to the location.
Councilman Scales made a motion to allow the Mayor to negotiate the best he can, and if he can get anymore, but accept if we must.
Councilman Wilson seconded the motion.
Votes: Ayes All present Noes None.
F. Discuss, Consider, and Act on Road Clean-up
Councilwoman Matthews made a motion to table the item to receive more information. Councilwoman Scales seconded the motion.
MARCH 20, 2000
D.Discuss, Consider and Act on Chisholm Hills Phase III.
No action was taken on this item
APRIL 17, 2000
I. ACTION ITEMS
B. Discuss, Consider, and Act on Weight Limits for City Streets
Councilwoman Noll made a motion to discuss. Councilwoman Scales seconded the motion.
Councilwoman Noll made a motion to table the item until the City Attorney can look at it and advise. The motion died for lack of second.
Councilwoman Noll made a motion for the attorney to look at the ordinance that is purposed and make adjustments. Councilwoman Matthews seconded the motion.
Votes:Ayes: All PresentNoes:None
III.OLD BUSINESS
A. Discuss, Consider, and Act on Road Clean-up
Councilwoman Scales made a motion to discuss. She then informed the Council that she had contacted the proper authorities and had received a contract for the City to sign so that people serving community service could do things for the City. She asked that the Council give her permission to sign the contract as the contact person for the City.
Councilman Wilson made a motion to approve the contract. Councilwoman Noll seconded the motion.
Votes:Ayes:All PresentNoes:None
MAY 8, 2000
II. OLD BUSINESS
C. Discuss, Consider, and Act on Weight Limits for City Streets
The Mayor advised the Council that Mitchell Energy is looking for a water source on Pioneer Road. It will be creating a lot of traffic on the road.
Councilwoman Scales stated that people want to bring trucks home.
They should purchase a permit that allows only a tractor and empty trailer or no trailer at all.
Councilwoman Scales made a motion to table the item. Councilwoman Matthews seconded the motion.
Votes:Ayes:All presentNoes:None
MAY 15, 2000
III. OLD BUSINESS
D. Discuss, Consider, and Act on Weight Limits for City Streets
Several changes were made to the proposed ordinance that was presented to the Council.
Councilwoman Scales made a motion to accept the ordinance with the changes that were presented. Councilwoman Matthews seconded the motion. Votes:Ayes:AllNoes:None
IV. ADJOURN
The Mayor told the Council that Mr. Snell would like the City to change the road requirements in his development. The Mayor has not put the item on the agenda, because he feels that it would be a waste of the Council’s time.
JUNE 12, 2000
V. CONSENT ITEMS
A. Mayor’s Report
Rain has caused much damage on Pioneer Road. The City will have to spend money on the road. Some people who use the road will help with labor and materials.
The City Attorney has looked over the agreement with Chisholm Hills and feels that it is a good settlement. He should have the agreement ready for Council approval by the July meeting.
JULY 10, 2000
VI. ACTION ITEMS
C.Discuss, Consider, and Act on Lawsuit Agreement for Chisholm Hills
The Mayor wants to make the following changes to the agreement that was presented:
- On page Two – the west 300 feet of Latham Lane
- On page Two – the west one half of Lange Lane
- On page Two – remove Hawkins Lane from the agreement
The council discussed what should be done with the money the City would receive from the agreement.
Councilman Miller and Councilwoman Scales would like to see the money stay in a fund for road repair for the City.
The Mayor said that the money could help the city purchase a vehicle for the Police and other infrastructure uses. Councilman Wilson added that the money could be used in several years to build the City a New City Hall.
Councilman Wilson made a motion to accept the agreement and that the money be put into an interest bearing account and a decision about the money will be made after the budget hearing. Councilman Miller seconded the motion. Votes: Ayes: All Present Noes: None
JULY 24, 2000
VII. ACTION ITEMS
D. Discuss, Consider, and Act on Amending Subdivision Ordinance Section 6.06 Roads
This item was taken out of order by mistake.
Councilwoman Scales made a motion to pass the amendment to the ordinance as written. Councilwoman Matthews seconded the motion.
Votes:Ayes:All PresentNoes:None
B.Discuss, Consider, and Act on Manufactured Housing Development Ordinance
Councilwoman Scales made a suggestion that the City require that all roads be finished and accepted before lots are sold. She also wanted to see a performance bond for one year. The developer would be responsible for correcting any road problems for one year after acceptance or the City could keep the bond money.
The Mayor turned the meeting over to Mayor Pro Tem Wilson at 8:03 p.m.
Mayor Pro Tem Wilson suggested that the road requirements be for concrete streets.
Mayor Pro Tem Wilson stated that the revisions could be written and that they be sent to the lawyer and reviewed at the next meeting if there is a problem.
Councilwoman Scales made a motion to require a performance bond with the city as a beneficiary for the complete cost of the road that can be taken out per phase, pier and beam set up of no more than twenty-four inches in height for the entire home, ground must be leveled, storage building provided with a minimum of 144 square foot per residence, and concrete road per drawing.
Mayor Pro Tem Wilson seconded the motion.
Votes:Ayes:All PresentNoes:None
AUGUST 14, 2000
IV.OLD BUSINESS
E. Discuss, Consider, and Act on Amending the Subdivision Ordinance Amendments made on July 24, 2000, Changing Street Requirements and Required Subdivision Requirements
The council reviewed the letter from the lawyer in regards to the subdivision amendments made on July 24, 2000.
Councilman Wilson made a motion to write a draft ordinance with the following changes: add that the subdivision ordinance will carry over into the extra territorial jurisdiction, amend 4.05(k) to read that any housing built or moved-in should have either pier and beam foundation as described in the previous amendment or a slab foundation, remove 4.05(m), and change 4.05(l) to read that both manufactured housing and site built houses should have the storage building; the draft ordinance should then be sent to the lawyer, and the council will review his opinion regarding the draft at the next regular council meeting.
Councilwoman Matthews seconded the motion.
Votes:Ayes:All Present Noes:None
SEPTEMBER 28, 2000
Mayors report Sometime cities do things that they feel one way about and they pass things that divides cities. It has even divided the city council. You have flyers about masonry and underpinning.
There are good aspects to the type of streets and concrete runners under the homes if a subdivision has sewer and water.
III OLD BUSINESS
A. Discuss, Consider & Act on Amendment to the Subdivision Ordinance:
Amendment read to council and public
Joe Max Wilson talked about the information from the Attorney.
Pier & Beam, separate building concrete streets
SUBDVISION ORDINANCE READ PERTAINING TO SUBDIVISIONS AND ETJ
Trying to incorporate subdivision ordinance into our ETJ
Pier & Beam foundations or concrete slab,
Joe Max said that per attorney should be changed.
This does not affect any of the present developments. This only applies to new developments in New Fairview.
Attorney for the City of New Fairview, Matthew Boyle explained the entire ordinance. The public said they do not want the ordinance. Ernest Hancock spoke about that he has two (2) lots and what would happen if he decided to put a mobile home on the lot he owns that is vacant and is beside the lot with his home on it.
The question was asked: “Is there anyway this would apply to the subdivisions that are already in place?”
No this would only be on new developments all of the others are grand fathered.
Councilman Joe Max Wilson spoke with great concern and empathy to all the citizens present.
The Council and developers are trying to provide the best service for the citizens.
All of the citizens are talking at once. We don’t want that anymore. They don’t care. These are statements made above all of the noise.
Isn’t Chisholm Hills the majority?
Mayor John Christian spoke that at the last meeting he had ask “Do you want uniform building codes?” Everyone said “No” there was no one that said, “Yes”
Councilman Joe Max Wilson speaks again to the public that he knows that the people there are very upset. If everyone would really sit back and think about this.
Councilman Raul Vargas makes a motion (crowd becomes loud so he can not finish)
Mayor John Christian asks public to hold it down. Mayor speaks about the city before he became Mayor and afterwards. He gets applause
Councilman Joe Max Wilson Motion that we 1. Table the whole ordinance.
- Put together a committee like 10 people to work on ordinances (like 5 from old Chisholm and 5 from other area)
- Voids the ordinances that pertained to the concrete streets etc.
- Put together the committee with one council member (someone like Councilman Raul Vargas)
Motion seconded by Councilwoman Trudy Scales.
Mayor John Christian said need to go all the way back to July 2000. Mayor asks the attorney about it.
Attorney Matthew Boyle spoke: void the ordinance about the streets.