Min 04/04/1977346
Wichita Falls, Texas
Memorial Auditorium Building
April 4, 1977
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 3:00
o'clock P.M. , with the following members present.
J. C. Boyd, Jr.Mayor
Hardy McAlister
Dr. Guillermo Garcia
Bill E. Gowan (tardy) Aldermen
Ray Ashbrook
W. E. Ryle
Jerry Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson City Clerk
Wilma J. Thomas Deputy City Clerk
The invocation was given by Steve Smith, Church of Christ Bible Chair.
Item 3
Moved by Alderman Garcia that minutes of the meetings held March 1, March 4, and
March 15, 1977, be approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
V Item 4a
V
A proposed ordinance was presented granting a temporary waiver of food service sani-
tation ordinance to Borden Milk Company for a display of Elsie the Cow and her calf,
Beauregard, at Sikes Senter on May 6 and 7, 1977.
ORDINANCE NO. 3172
ORDINANCE GRANTING TEMPORARY WAIVER OF PARAGRAPH 5, SECTION F OF THE UNITED
STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE AND CODE FOR
BORDEN MILK COMPANY TO DISPLAY ELSIE THE COW AT SIKES SENTER, MAY 6 AND 7, 1977.
Moved by Alderman Ashbrook that Ordinance No. 3172 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
Item 5a
A proposed appropriation ordinance in the amount of $2,500.00 was presented for
1u "' overtime costs incurred in the Utility Collections Department. Gerald Carlson explained
that this overtime has been necessitated by turnover in the department, as well as re-
duction in number of meter readers.
J ORDINANCE NO. 3173
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER REVENUE FUND
TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3173 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
347
Item 5b
A proposed appropriation ordinance was presented in the amount of $3,745.00 to
fund a data processing contract with Sandra Goff to make several improvements to the
water utility processing system. City Clerk Gerald Carlson explained that it
separate revenue accounts are needed for participation paving and the alley container-
ization program because they are not funded from the same source. Revenue sharing funds
are being used for alley containerization, and assessments collected from these alleys
will be used to reimburse that fund.
ORDINANCE NO. 3174
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS
LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Mathis that Ordinance No. 3174 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
Item 6a
A proposed ordinance was presented correcting certain sections of the traffic
ordinance.
ORDINANCE NO. 3175
AN ORDINANCE AMENDING SECTION 29-91 OF THE CITY CODE OF ORDINANCES OF THE
CITY OF WICHITA FALLS, TEXAS, BY CORRECTING PARAGRAPHS (F) AND (0) ; AND
ADDING PARAGRAPH (AT) TO SECTION 29-91, AND DECLARING AN EMERGENCY.
Moved by Alderman Ashbrook that Ordinance No. 3175 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
y Item 6b
vz
A proposed ordinance was presented adding certain parking meter zones on Ohio
Street.
ORDINANCE NO. 3176
AN ORDINANCE AMENDING PARAGRAPH (2) SECTION 29-148 OF THE CODE OF ORDINANCES
OF THE CITY OF WICHITA FALLS, TEXAS, ADDING CERTAIN PARKING METER ZONES.
Moved by Alderman McAlister that Ordinance No. 3176 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
Item 6c
Discussion was held on restricting access on the south curb line of Kell Boulevard
between Kemp and Holliday Road. Ed Ilschner, Director of Traffic, stated that the
Traffic Commission has voiced concern that existing Kell would be a main arterial street
until the main lanes are constructed, and they felt that access should be restricted.
Research revealed that we previously did not have a restriction of access rights to this
facility. )
Alderman Gowan joined the Council meeting at this point.)
Alderman Ryle :inquired why access was not restricted on the west bound lane? Mr.
Ilschner explained that the City had no control over the west bound lane in the purchase
of the property. The City Manager explained that access rights have been purchased on
the present Kell from Kemp to Fairway. We have not bought access rights from Kemp to
Fairway on the west bound frontage road.
348
Item 6c, cont'd.
Alderman McAlister inquired if we could not restrict access all along the frontage
road. City Attorney H. P. Hodge, Jr. explained several legal problems. Alderman
McAlister desired restricted access from Holliday to Seymour Highway on the south
frontage road, and from Kemp to Fairway on the north frontage road. The City Manager
stated that when the public hearings were held on the north frontage road, it was
noted that access rights would be allowed. We should either buy the access rights
or restrict the access without purchasing it, or limit the access until freeway lanes
are constructed. Ernest Lillard, Director of Public Works, stated that in instances
where they have purchased access rights, the price of the property has almost doubled.
ORDINANCE NO.3177
AN ORDINANCE INVOKING THE POLICE POWER OF THE CITY OF WICHITA FALLS AND
DECLARING THAT NO FURTHER PERMITS SHALL BE ISSUED FOR THE CONSTRUCTION OF ANY
CURB CUTS OR DRIVEWAYS OPENING ONTO THAT PORTION OF THE EASTBOUND SECTION OF
KELL BOULEVARD BETWEEN THE INTERSECTIONS OF KEMP BOULEVARD AND HOLLIDAY ROAD
UNTIL SUCH TIME AS KELL FREEWAY PROPER IS COMPLETED AND OPEN TO THE PUBLIC.
Moved by Alderman McAlister that Ordinance No. 3177 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Alderman McAlister requested an in depth evaluation of access rights on Kell
north frontage road, and any others, before right of way is purchased.
Item 6d
A short discussion was held on a proposed ordinance regulating massage parlors.
Moved by Alderman McAlister that action on this matter be postponed until all
interested parties have had available to them a copy of the ordinance.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 6e
t7
A proposed ordinance was presented establishing a reserve fund for revenues
received from West Texas Utilities water purchase contract.
A motion was made by Alderman Garcia and seconded by Alderman Ashbrook for
passage of the ordinance. Some discussion followed with Alderman Mathis stating that
he preferred that we use this fund for only water replacement purposes, and not for
operation and maintenance already incurred. A substitute motion was moved as follows.
ORDINANCE NO. 3178
ORDINANCE ESTABLISHING A RESERVE FUND FOR REVENUES RECEIVED FROM WEST TEXAS
UTILITIES COMPANY WATER PURCHASE CONTRACT.
Moved by Alderman Mathis that Ordinance No. 3178 be passed, as revised, to state
that the money in the fund shall be used only for major maintenance and capital costs
connected with the Lake Kemp-Lake Diversion water sources and that
the last paragraph in the ordinance be deleted.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7a
A proposed resolution was presented granting a lease agreement and easement
rights to Archer City for pumping site and water transmission line at Lake Kickapoo.
RESOLUTION NO. 1944
RESOLUTION APPROVING LEASE AND EASEMENT TO THE CITY OF ARCHER CITY, TEXAS, FOR
RAW WATER PUMPING PLANT AND TRANSMISSION FACILITIES AT LAKE KICKAPOO.
349
Item 7a, cont'd.
WHEREAS, the City heretofore approved a water purchase contract with the City
of Archer City, Texas for the purchase of raw water from Lake Kickapoo; and,
WHEREAS, Archer City has requested a lease agreement from the City of Wichita Falls
for a pumping plant site, and an easement from the City for transmission facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
SECTION 1. The City Manager is authorized to execute for the City of Wichita
Falls to the City of Archer City a lease for the pumping plant site on the 2,120
square foot tract shown on Exhibit A; such lease shall be for a term of forty years,
shall provide for rental in the sum of twenty-five dollars per year, shall provide that
Archer City hold the City harmless from all damages, and that Archer City shall take
precautions to protect the dam.
SECTION 2. The City Manager is authorized to execute for the City of Wichita
Falls to the City of Archer City an easement for a water transmission line across
the Robert Carson Survey No. 154, A-80.
Moved by Alderman Garcia that Resolution No. 1944 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7b
A proposed resolution was presented designating Community Council as a review
board for expenditures of funds regarding human service agencies.
A motion was made and seconded for passage of the resolution; however, discussion
revealed that the Board of Aldermen desired that applications for funding be first
presented to the Community Council, and then its findings presented to the Board of
Aldermen by the Community Council. A substitute motion was made.
RESOLUTION NO. 1945
RESOLUTION DESIGNATING COMMUNITY COUNCIL AS A REVIEW BOARD FOR EXPENDITURES OF
FUNDS REGARDING HUMAN SERVICE AGENCIES.
WHEREAS, the Community Council is a body of persons representing all of the
service providers and a cross-section of the consumers within the community;and,
WHEREAS, the primary purpose of the Community Council is to insure that the
community has a planned, coordinated and effective program of health, welfare and
recreational services dealing with the problems and needs of its people; and,
WHEREAS, the Community Council has prepared profiles on all area human service
programs, which will be expanded and kept current; and,
WHEREAS, the Community Council has offered to make their specialized knowledge
available to the Board of Aldermen when it is called upon to make decisions about
funding by service deliverers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The Community Council is hereby designated as a review board concerning
expenditures of funds regarding human service agencies; all such matters shall be
reviewed by the Community Council and returned with comments and/or recommendations
to the Board of Aldermen.
Moved by Alderman McAlister that Resolution No. 1945 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays: None
350
bItem 7c
A proposed resolution was presented authorizing the City Manager to execute a
pipeline agreement with Lone Star Gas Company.
RESOLUTION NO. 1946
WHEREAS, Enserch Corporation (of which Lone Star Gas Company is a division)
proposes to construct two gas pipelines for the purpose of increasing the volume of
natural gas to its distribution system to the City of Wichita Falls; and,
WHEREAS, the pipelines have been surveyed and staked to cross property owned by
the City of Wichita Falls in the vicinity of the River Road Sewage Treatment Plant; and,
WHEREAS, one of the two pipelines is to be constructed adjacent to and generally
parallel to an existing eighteen inch (18") pipeline for which Lone Star Gas Company
has an easement from the City of Wichita Falls, recorded in Volume 264, Page 564,
Deed Records of Wichita County, Texas, which provides for the construction of
additional sum of money, the route of which is depicted in the attached Exhibit "A"; and,
WHEREAS, the second gas pipeline will cross City Property in the vicinity of the
River Road Sewage Treatment Plant for a distance of seven hundred fifty-nine (759)
lineal feet or forty-six (46) rods, and will run adjacent to and generally parallel
to Lone Star Gas Company's existing ten inch (10") pipeline which is on an easement
conveyed to Lone Star Gas Company by J. A. Kemp, et al recorded in Volume 197, Page
238 of the Deed Records of Wichita County, Texas; and,
WHEREAS, the Lone Star Gas Company easement from J. A. Kemp does not provide
for an additional pipeline, Enserch Corporation has therefore requested from the City
of Wichita Falls an easement for the laying of the proposed eight inch (8") gas
pipeline along the route depicted in the attached Exhibit "B"; and,
WHEREAS, the routes of the two gas pipelines described above do not interfere
or conflict with the present of planned future use of the subject City property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute to Enserch Corporation a Receipt
of Payment for Additional Pipeline Right-of-Way, a copy of which is attached hereto,
for the purpose of laying approximately three thousand nine hundred seven (3,907)
lineal feet of gas pipeline on City property in the vicinity of the River Road Sewage
Treatment Plant, along the route depicted in the attached Exhibit "A", and further the
City Manager is hereby authorized to execute to Enserch Corporation an easement for
the purpose of laying approximately seven hundred fifty-nine (759) lineal feet of
gas pipeline on City property in the vicinity of the River Road Sewage Treatment Plant
along the route depicted in the attached Exhibit "B".
Moved by Alderman Ashbrook that Resolution No. 1946 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7d
A proposed resolution was presented approving appraisals for property on Kell
Freeway frontage.
Moved by Alderman McAlister that this matter be postponed until we get the
results of Mr. Fox's report on access rights.
Director of Public Works Ernest Lillard pointed out that we are obligated by
contract to purchase right-of-way for this project. This is in an area where the
original projects had restricted access.
Motion seconded by Alderman Gowan, and failed by the following vote:
Ayes: Aldermen McAlister and Gowan
Nays: Aldermen Garcia, Ashbrook, Ryle, and Mathis
RESOLUTION NO. 1947
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND
AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
351
Item 7d, cont'd.
WHEREAS, it is necessary to acquire the properties hereinafter described for
construction of the listed project in the 1967 Capital Improvements Program, and,
WHEREAS, such properties have been appraised by appraisers employed by the Texas
State Highway Department and the amount of the values as determined from the
appraisals have been studied by the Board of Aldermen, and copies 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 project and properties to be purchased by Easement and by
Warranty Deed are as follows:
Kell Freeway - Project 52-380
Warranty Deed
5.857 ac out of 78.832 ac D.C.S.L.
League 1, Abs. No. 58
1.411 ac out of Day Land & Cattle Co.
Sur. Abs. 610 & Pt. of Blk. 3,
Burlington Call Field Ind. Addn.
165 s.f. of Lot 7, Blk. 4,
J. W. Thomas S/D
Lot 16, Nobles Resurvey Blk. 11, I. Jalonick Addn.
E. 75 Ft. of Lot 10, Blk. 5, I. Jalonick Addn.
6,122 s.f. of Lots 9 & 10, Blk. 7
I. Jalonick Addn.
Lot 5, Blk. 5, I. Jalonick Addn.
EASEMENT
1.965 ac. out of Day Land & Cattle Co.
Sur. Abs. 610 & Pt. of Blk. 3, Burlington
Call Field Ind. Addn.
Combined total of values approved in this resolution 310,350.00
Section No. 2 The 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 or by Easement such tracts
of land as shown on the project right-of-way map. The authorized price to be paid
for such tracts is State approved values as determined from appraisals made by 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 for such approved value, he is hereby authorized and directed to cause to be
instituted condemnation proceedings to obtain such tract in the name of the Texas
State Highway Department or the City of Wichita Falls.
Moved by Alderman Ryle that Resolution No. 1947 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Garcia, Ashbrook, Ryle, and Mathis
Nays: Aldermen McAlister and Gowan
Item 8a
A proposed resolution was presented awarding a concession contract at Spudder Park. r
RESOLUTION NO. 1948
RESOLUTION ACCEPTING BID OF LOUIS ESQUIBEL FOR CONCESSION RIGHTS AT SPUDDER PARK
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. ESQUIBEL.
WHEREAS, on March 14, 1977, Mr. Louis Esquibel submitted a bid for the grant of
concession rights at Spudder Park for the payment of fifteen percent (15%) of gross
352
Item 8a, cont'd.
sales; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls deem it advisable
to grant to Mr. Esquibel the concession rights for Spudder Park for the 1977 season.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The bid of Mr. Louis Esquibel for the grant of concession rights at Spudder Park
in the amount of fifteen percent (15%) of gross sales is hereby accepted and the City
Manager is hereby authorized to execute a contract with Mr. Louis Esquibel granting
him the concession rights at Spudder Park.
Moved by Alderman Mathis that Resolution No. 1948 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None (Alderman McAlister was out of the room.)
tem 8b
J
Moved by Alderman Gowan that bids as follows be awarded for playground equipment
for Parks and Recreation.
a. Miracle Recreation and Equipment Company - $6,286.00 (one twin
slide, two 6' wave slide and canopy, three 10' whirls, five swan
swings, and one horse swing) .
b. Game Time, Incorporated - $2,810.00 for five 10' slide and canopy.
c. J. E. Burke - $1,992.00 (three 8' belt swings, two 10' belt swings,
and two rainbow climbers) .
d. Vaughan and Associates, Inc. - $674.00 for two four-way climbers.
Motion seconded by Alderman Mathis, and carried unanimously.
JItem 8c
Moved by Alderman McAlister that bids be awarded as follows on mowing equipment
for Parks and Golf Course.
a. Colonial Motors - $3,789.00 for one 3-reel grass mower.
b. Goldthwaites of Texas - $7,900.00 for two 72" power mowers.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 8d
Moved by Alderman Gowan that the bid submitted by IBM on maintenance for typewriters
and dictation equipment be rejected, and authority granted to negotiate with them for
a better price. (IBM was the only firm who submitted a bid.)
Motion seconded by Alderman Mathis.
Alderman Ryle stated that a firm does not make a profit on the maintenance, but
on the sale. He is opposed to purchasing only IBM equipment. Assistant City Manager
Voin Campbell stated that some of the local firms had indicated a desire to bid on
the maintenance, but none did. It was noted that the City has standardized on
dictation equipment and typewriters for transferability from one department to another.
The motion was carried unanimously.
353
v Item 9a
Permission was requested to advertise for bids on an estimated annual supply of
water treatment chemicals, as follows.
a. 100,000 pounds sodium hexametaphosphate
b. 580 tons ferrous sulphate
c. 400,000 pounds silicate of soda
d. 1,800 tons quicklime
Moved by Alderman McAlister that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 9b V
Moved by Alderman Mathis that authority be granted to advertise for bids for a
backhoe and front-end loader for Water Distribution Department.
1
Motion seconded by Alderman Ryle, and carried unanimously.
v Item 9c fir .
Moved by Alderman Mathis that authority be granted to advertise for bids for
purchase of fixed containers for the Sanitation Department.
Motion seconded by Alderman McAlister, and carried unanimously.
1 Item 9d
Permission was requested to advertise for bids on Beverly Street drainage project.
These drainage improvements are necessary in order to reconstruct North Beverly from
Old Iowa Park Road to the new Loop 11 under the 1977 Reconstruction Program.
Moved by Alderman Mathis that authority be granted to advertise for bids, as
requested.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 9e
Authority was requested by Gerald Carlson, City Clerk-Director of Finance, to
advertise for bids on city depository contract for a two-year period from October
1, 1977 through September 30, 1979. The Board of Aldermen requested that he review
the bid form before taking bids in order that problems can be avoided which were
experienced in 1975.
Moved by Alderman McAlister that authority be granted to advertise for bids,
subject to review of the bid form.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 10
Moved by Alderman Mathis that minutes of the meetings of the following boards
and commissions be received.
a. Traffic Commission - March 16, 1977
b. Board of Electrical Examiners - March 8, 1977
c. Park Board - March 22, 1977
d. Mayor's Commission on Status of Women - March 3, 1977
Motion seconded by Alderman Ryle, and carried unanimously.
Item lla
Acceptance of the annual financial report for the year ended September 30, 1976
was requested. Gerald Carlson reported that grants have been included in the
individual budgets this year.
354
Item 11a, cont'd.
Jerry Tillery, with the accounting firm of Jarratt, Cocke, and Tillery, noted
that significant improvements have been made in the City's accounting procedures
during this fiscal year. He complimented Gerald Carlson for the improvements made in
the accounting system. Alderman Mathis stated that this report indicates a cooperative
effort on the part of all departments.
Moved by Alderman Mathis that the financial report be received.
Motion seconded by Alderman Garcia, and carried unanimously.
Item llb
U r
Moved by Alderman Garcia that a public hearing on demolition of hazardous
structures be held on May 3, 1977.
Motion seconded by Alderman McAlister, and carried unanimously.
Item llc
Richard Collett appeared representing an organization on morality and media,
stating that he is opposed to pornographic material. He suggested placing this
material behind the counter. He was opposed to zoning for one particular location.
Alderman McAlister suggested that he talk with Chief Harrelson regarding existing
laws which we have.
J
Alderman McAlister mentioned several items, including difference in speed limits
on the north and south frontage roads of Kell, the hole in Bellevue Park for the
j`
time capsule, a duck crossing on Midwestern Parkway near the museum lake, a possible
bid from the Shopper on official election advertising, a cable type fence for the
golf course, the bank depository contract bid discussion by any alderman who owns
stock in a bank, and the possibility of a straw vote by the citizens in the utility
billing process.
Alderman Mathis mentioned trouble in the traffic controllers at Travis and Austin.
He also noted the lack of a facility in Wichita Falls to accommodate its citizens
for certain civic gatherings. He stressed that he was not talking about a civic
center. He mentioned the city employees awards banquet, various civic clubs and groups,
shows, county fair, etc. He feels the City should provide some type of facility to be
used by the citizens.
Moved by Alderman Mathis that the City Manager be instructed to gather factual
information on existing structures which might be used, with primary emphasis on
the downtown area, but not limited to that, and also information relating to a motel
tax which could be used to support such a facility, and report back to the Council in
45 days.
Motion seconded by Alderman McAlister, and carried unanimously.
Alderman Gowan stated that he had already had complaints about the length of time
it takes to play 18 holes of golf.
Alderman Ryle mentioned a letter from John Tower regarding the Holliday Creek-
j Lake Wichita project for flood control. He suggested that we contact the necessary
agencies and our senator and representatives in support of this project.
City Attorney H. P. Hodge stated that he would like to meet in executive session
with the Board of Aldermen to discuss litigation.
Alderman Gowan mentioned one member of the Planning,, Board resigning under pressure.
He feels the Council should investigate this matter and determine if it is really the
case, and what can be done about it.
Moved by Alderman Mathis that the City Attorney's office investigate this
matter and report back to the Council.
Motion seconded by Alderman Ryle, and carried unanimously.
355
The Board of Aldermen went into executive session at 6:00 P.M. , and returned at
6:20 P.M. Upon the request of Mayor Boyd, the City Attorney explained that the purpose
of the meeting was to give he and Don Butler (attorney from Austin) some direction
from the Council concerning the Railroad Commission hearing, but stated that he is
not in a position to disclose this direction.
The meeting recessed at 6:21 P.M. , and reconvened at 8:00 P.M.
l Item 12
The results of the votes cast at the election held April 2, 1977 were canvassed
by the Board of Aldermen, with assistance from the City Attorney and Deputy City Clerk.
RESOLUTION NO. 1949
RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF
WICHITA FALLS, TEXAS, ON APRIL 2, 1977.
WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita
Falls, Texas, held in the Memorial Auditorium Building on the 4th day of April, 1977,
at which time a quorum was present, came on to be considered the returns of the
municipal election held on the 2nd day of April, 1977.
WHEREAS, after canvassing the returns of said election, it was found to be duly
and legally held in all respects, and that 5344 voters voted in said election; and
that
FOR ALDERMEN, POSITION NO. 1:
Hardy McAlister received 3332 votes
Roy Parish received 1945 votes
Write-in votes 14
FOR ALDERMEN, POSITION NO. 2:
Marie Lankford received 1438 votes
E. D. (Rusty) Eggleston received 945 votes
David E. Brock received 317 votes
Fred E. Bassett received 2156 votes
Stewart Temelcoff received 431 votes
Write-in votes 1
FOR ALDERMEN, POSITION NO. 3:
Reginald 0. Blow received 1537 votes
Carol Russell received 3705 votes
Write-in votes 4
PROPOSITION NO. 1:
Yes 3572
No 1489
PROPOSITION NO. 2:
Yes 3311
No 1753
PROPOSITION NO. 3:
Yes 3568
No 1542
PROPOSITION NO. 4:
Yes 4459
No 609
PROPOSITION NO. 5:
Yes 2289
No 2871
356
Item 12, cont'd.
CLOSING AND/OR ABANDONING PARK ON BLOCK 31, FAITH VILLAGE, UNIT I:
For 2924
Against 1894
CLOSING AND/OR ABANDONING PARK ON BLOCK 33, FAITH VILLAGE, UNIT I:
For 2907
Against 1860
CLOSING AND/OR ABANDONING PARK IN HILLTOP ESTATES ADDITION:
For 2982
Against 1818
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said election was in all respects legally held in accordance with the laws of
the State of Texas and the charter and ordinances of the City of Wichita Falls; that
Hardy McAlister was duly and legally elected Alderman, Position No. 1; Fred E. Bassett
was duly and legally elected Alderman, Position No. 2; Carol Russell was duly and
legally elected Alderman, Position No. 3; that Proposition No. 1 was adopted; that
Proposition No. 2 was adopted; that Proposition No. 3 was adopted; that Proposition
No. 4 was adopted; that Proposition No. 5 was disapproved; that closing and/or
abandoning park on Block 31, Faith Village, Unit I was approved; that closing and/or
abandoning park on Block 33, Faith Village, Unit I was approved; that closing and/or
abandoning park located in Hilltop Estates Addition was approved.
Moved by Alderman Garcia that Resolution No. 1949 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Alderman McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Newly elected members of the Board of Aldermen were sworn in by Mrs. Wilma Thomas,
Deputy City Clerk.
Aldermen Garcia and Gowan expressed their appreciation for having been able to
serve on the Council. Various other members of the Council also expressed their
satisfaction in working with them.
Mayor Boyd recognized Mrs. H. P. Ledford and Peggy McCullough as former
council members. He also recognized Dr. Leo Sabota, Chairman of the Charter
Commission, Jane Ponder, President of the League of Women Voters, Willard Still, a
former Alderman, and also Mrs. Boyd.
The Board of Aldermen adjourned at 9:05 P.M.
PASSED AND APPROVED this /f ('day of (r 4,,ej 1977.
MAYOR
ATTEST:
yl 1Q-/ = :fi l t GL
CITY CLERK
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R/W No.
THE STATE OF TEXAS
A
COUNTY OF T on.ITi KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of TWO hundred h's Thirty Ho/100- - - - - - - - -
Dollars(S''23C.00
to the undersigned,(herein styled Grantor,whether one or more)paid, the receipt of
which is hereby acknowledged, the said Grantor does hereby GRANT,SELL and CONVEY unto i. a;C:I tw:?_)G
a Te,;as corm oration
a corporation (herein styled Grantee), its successors and assigns, a right of way and easement fifty feet (50') in width to
construct, inspect, maintain, repair, operate, replace, relocate, change the size of, all within the easement herein described,
and remove at will, in whole or in part, pipelines and appurtenances thereto, cathodic protection equipment and aerialmarkersoverandthroughthefollowingdescribedlandsituatedintIichztaCounty,State of Texas,to-wit:
45.7 acres, more or less, out of. the J. A. Scott Survey ro. 12, Abstract Ho. 296,being
more fully described in deed from Z. II, i:el'.peer
to
City oL vdichi-ta L.'3113, TC:;n s recorded in Volume 55 Page 559
Deed Records of said county,to which reference is made for further description.
The right of way and easement herein conveyed shall be twenty-five feet (25') on each side of the (GL'zllytlinGSja;S :ad:;;
route shown) on the Exhibit "A" attached hereto and made a part hereof.Grantee shall also be entitled to use an additionaltwentyfeet ( ?0 ')
of Grantor's adjacent land for construction purposes and this right is to terminate
upon completion of the initial construction.
Grantor represents that the above described land(is not)rented to
address
on a(cash or crop) basis.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns so long as such lines, appurtenances and related
facilities thereto shall be maintained, with ingress to and egress from the premises across the adjacent lands of Grantor,for
the purpose of this grant. Grantor may continue to fully use and enjoy the surface of the easement strip herein conveyed,
provided that Grantor shall not construct or permit to be constructed any permanent structure upon the easement striphereinconveyedwhichwouldinterferewiththeexerciseofGrantee's rights and Grantor further agrees not to change the
grade, remove dirt from the surface of the easement or impound water over the easement without prior approval of Grantee.
Grantee hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay anydamageswhichmayarisetogrowingcropsandfencesfromtheconstruction, maintenance and operation of pipelines and
related facilities constructed under the terms of this grant.The consideration received for this easement includes payment for
the normal damages caused by the initial construction of the pipeline and its appurtenances. Should more than one pipeline
be constructed under this grant at any time, the sum of two dollars per lineal rod for each additional line shall be paid,besides the damages provided above.
For the same consideration, Grantee is further granted the right herein to install aboveground (valves, metering facilities,pressure relief facilities and related facilities)on the above described premises.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted,all
covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives,
successors and assigns of the parties hereto and is further assignable in whole or in part.
It is hereby understood that the party securing this grant in behalf of Grantee is without authority to make any covenant oragreementnothereinexpressed.
Witness the execution hereof on this the - day of A.D., 19 77
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