Min 05/03/1977365
Wichita Falls, Texas
Memorial Auditorium Building
May 3, 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 8:30 o'clock
A.M. , with the following members present:
J. C. Boyd, Jr. Mayor
Hardy McAlister
Fred E. Bassett
Carol Russell X Aldermen
Ray Ashbrook X
W. E. Ryle X
Jerry Mathis X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by W. D. Harting, St. Paul Lutheran Church.
Item 3
The public hearing was opened on hazardous structures.
Ray Barnes, 2422 Brentwood, appeared regarding the property at 308 Austin. He
would like to get this structure removed from the hazardous condition list. He stated
that it is structurally sound, and that they have been keeping it secured by checking
on it once a week. He had pictures to show the Council. He stated that he intends
to fix it up and rent it. It is a question of time and money. The City Manager
asked how long he needed, and he stated 90 days. He stated that he was notified of
the condition of the property somewhere around the first of this year.
Preston McBee appeared as Housing Code Enforcement Officer, stating that Mr.
Barnes appeared before the Council more than a year ago (February 3, 1976) requesting
that it be removed from the ordinance, which was done. The conditions requested have
not been met. Last fall when he was by the property it was not secured. He has also
failed to remove the shed as requested, which was on the back of the lot. Last week he
looked at it, and it is secured from the front, but it can be entered in other ways.
Mr. McBee feels that more than a year is sufficient time to comply. A letter was
again sent to him on January 4 this year. He requested that the City's request be
honored because it was removed last year from the public hearing, and nothing substantial
has been accomplished. He objected to the 90 day delay because it all started in 1975
on this structure.
Leo Gilliland, 1318 38th Street property, stated that his wife is only one owner in
this estate, and the names of the other heirs have been turned over to the City Attorney's
office. He has no objection to it being torn down. Mr. McBee stated that the tax
records do not indicate any other owners. The Council requested that the City Attorney's
office notify these heirs.
ORDINANCE NO. 3183
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO
BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH
SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS
ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3183 be passed.
Motion seconded by Alderman Bassett.
A substitute motion was moved by Alderman Mathis that we give Mr. Barnes 90 days as
requested, and if it is not completed that it be torn down.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis.
Nays: Alderman McAlister
366
Item 4a, cont'd.
The motion for passage of Ordinance No. 3183 was carried by the following vote:
Ayes: Aldermen McAlister, Bassett,Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 5a
Mr. 0. R. Clark appeared requesting a waiver of the Code of Ordinances which x-restricts head-in parking. Mr. Clark's property is located at 33rd and Jacksboro Highway.
It was pointed out that to allow this parking to continue will block the sidewalk to be
constructed. He will be provided with two openings; one at the rear of the property
abutting Jacksboro Highway, and one in the vicinity of his rent house property.
Mr. Clark stated that he has owned this property for more than 30 years. At one
time it was located 50 feet off the highway, and now they are right on it. He requested
that head-in parking be allowed and the back door be left open so he can unload trucks.
He stated that the City gave him permission for the head-in parking at one time, and
requested that it not be taken away.
The City Manager pointed out that when improvements were made to Jacksboro Highway,
no matter what the feet were from the highway, it was existing right-of-way or they had
to purchase it.
Moved by Alderman Ryle that we curb and gutter only the first twenty feet of that
section from Jacksboro Highway to 33rd, and that he be allowed to use head-in parking
on his property; that lay down curb be installed for the remainder, and sidewalks not be
built.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 5b
Mr. James Kellett requested that the Lake Arrowhead Community Association be permitted
to discuss city services at Lake Arrowhead with the Council. The City Manager explained
that the lots are leased to residents for $60.00, $48.00, or $36.00 per year. The lake
was completed in 1967 and annexation affirmed by the Supreme Court in 1976. Taxes average
about $30.00 per year per account. Services provided are street maintenance, parks, traffic
control signs and street signs, lot mowing and right-of-way mowing, health and buildingcoderegulations, a tank truck for firefighting, and law enforcement on an as needed basis
and during the summer in heavy usage.
James Kellett stated that at Lake Arrowhead there are 273 pieces of property and
approximately 100 residents. He noted that they are only one part of the city. They
vote in city elections, and pay the same tax rate on their improvements. Whether the tax
is a greater or lesser amount, the services provided are not adequate. They desire more
police, fire, and water line service, as well as a weather warning system. The Clay
County Sheriff's department and the highway patrol serves them for six months of the year.
They hardly ever see a city policeman in the area during the winter months. They
recommend a city patrol out there once a day. In spring, summer, and early fall they
recommend that a patrolman stay in the area. From May to Labor Day they need a patrol
on week-ends. He mentioned parking on the dam and east bridge and jumping off the bridge.
He mentioned that no one has ever seen the fire tank truck run which is located on the
west side. He feels there should be an operational tank truck on each side of the lake
with a trained volunteer crew. They hope for water hydrants at a later date. He
stated that a resurfacing and better maintenance of the roads is needed. He stated that
water service has not been provided, and that the cost of insurance would decrease if a
water line were provided. A warning siren is needed to alert the people. He noted that
many lots have not been built on. If city services could be provided then the tax
base out there would be more than doubled. He requested consideration in providing
the services which they do not receive.
Mayor Boyd stated that they are instructing the City Manager to work with their
group in finding ways to provide alternatives for services. They will receive a
report from the staff to consider for the next budget year.
Moved by Alderman Ryle that their group work with the City Manager on this problem.
Motion seconded by Alderman Ashbrook.
Alderman Russell suggested some flexibility in police protection during the spring
and summer months even though we are in the middle of the fiscal year. The City Manager
stated they would take a look at it.
The motion was carried unanimously.
367
Item 5c
Frank Gibson, Attorney for Joe A. Best, Jr. , presented his request for waiver of
alley entrance restrictions. This is a 44 lot subdivision south of Southwest Parkway.
He stated that in Brentwood and Colonial Park it created a much more pleasing sight with
rear alley entrances. Colonial Park has both. Mr. Best would like all garage entrances
to be from the alley and not from the street or side. He feels it would be safer for
children if sidewalks were free, and he is requesting a waiver of the ordinance.
Alderman Russell inquired if paving would be nine feet, and Mr. Gibson stated that
they preferred ten feet of paving. Alderman McAlister noted that sentiment in the
Planning Board seems to be that there is nothing wrong with using alleys for entrances.
He mentioned two test areas with 15 foot paving and nine foot paved alleys in other
areas.
Charles Harper past chairman of the Planning Board, stated that the subcommittee
feels that we should go through with this test before any recommendations are made.
Alderman Ryle feels there are problems with alley entrances which have not been addressed
by the Planning Board, and feels that they should be.
Moved by Alderman Ryle that this waiver be disallowed until the Planning Board
can come up with a recommendation.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, and Ryle
Nays: Aldermen Ashbrook and Mathis
Item 5d
City Attorney H. P. Hodge, Jr. explained that request of Paul Irwin, and the
construction plans for the East Side overpass. The loading dock belonging to Oak
Farms Dairies is located entirely on street right of way, and construction plans require
that it be removed. Oak Farms will not be allowed to drive trucks onto Indiana Street
at the intersection with Thirteenth. Mr. Hodge explained that street right-of-way is
held by the City as trustee of the public, but the City has no right to grant to an
individual permission to make a permanent encroachment on the street for private
purposes. The City Manager pointed out that we are required to purchase and furnish
right-of-way to the state highway department for construction purposes.
Mr. Irwin stated that Kell Freeway is denying them access on two sides. He stated
there is no parking on Indiana. The City Attorney stated that there can be no grandfather
clause on a public street. Mr. Irwin requested that he be allowed to retain his loading
dock. The City Manager explained that the loading ramp could be reconstructed after
drainage is put in, but access could not be utilized on Indiana because of a right turn
ramp on the freeway. Mr. Irwin feels that the highway department will allow him to do
this. The City Manager read a letter from Mr. Lanford of the Highway Department
dated in 1975 regarding denial of access to Mr. Irwin for the loading ramp.
Moved by Alderman Ryle that the Council request the State Highway Department to
review and reconsider this matter, with the view of making some arrangement with Mr.
Irwin so he can stay in business at this location.
Motion seconded by Alderman Bassett, and carried unanimously.
Item 6c
Andy Lee, realtor, represented James Colhouer in requesting closure of a portion
of Kessler Avenue.
ORDINANCE NO. 3184
AN ORDINANCE CLOSING AND ABANDONING A TRIANGULAR PORTION OF KESSLER AVENUE
ADJACENT TO LOTS 7 AND 8, BLOCK A OF THE FLORAL HEIGHTS SECOND ADDITION TO
THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3184 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
368
Item 6a
A proposed ordinance was presented regulating massage parlors.
ORDINANCE NO. 3185
AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS
Moved by Alderman McAlister that Ordinance No. 3185 be passed.
Motion seconded by Alderman Ashbrook.
Ann Turner of Kate Haynes PTA, requested that an ordinance be passed which would
restrict adult entertainment in the areas of schools, churches, and homes. She requested
that the Council, City Manager, and City Attorney meet with them at Kate Haynes School
on May 19, at 7:00 P.M. She also thanked Chief Harrelson and the Police Department
who talked to their group.
The motion was carried by the following vote:
Ayes: Alderman McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 6b
A proposed ordinance was presented correcting the spelling of a street name.
ORDINANCE NO. 3186
AN ORDINANCE CHANGING THE NAME OF MILISSA LEA LANE, LOCATED IN SECTION 3,
MIDWESTERN FARM SUBDIVISION, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS,
TO MELISSA LEA LANE.
Moved by Alderman Ashbrook that Ordinance No. 3186 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item lle
A lengthy discussion was held on cable TV. Warren Silver of Channel 3, and Bill
Hobbs, Manager of Channel 6, read statements in opposition to CATV. Don Hicks appeared
as past member of the Board of Directors of KIDZ, stating that cable TV would result in
financial erosion of this system. He is opposed to taking a free service and charging
for it. Mrs. Tuck Harvey, 2017 Avondale, also voiced her concern that KIDZ would no
longer be available to the public free of charge. She stated that it would solve her
personal concern if the cable people were forced to leave Channel 24 on a free TV market.
She pointed out the services it provides to the community. Gene Shearman was concerned
that cable TV people should not engage in the pursuit of TV repair or sales, and it
should be placed in the franchise if one is issued. Don Whan, 1806 Ridgemont, was not
opposed to CATV if that is what the people of Wichita Falls desire. He noted that if
the City owns the franchise it could control what is shown.
The Board of Aldermen recessed at 12:45, and the meeting resumed at 1:20.
Jack Britton, Sales Manager and Sports Director of Channel 6, spoke against pay
TV, stating that we have a lot of citizens who could not afford to watch it.
Jerry Vandiver, 4207 Seabury, also associated with Wire, Inc. , introduced Keith
Burcham and John Cole, Jr. , who spoke on behalf of cable TV. Mr. Burcham stated that
the concern of the previous speakers is grossly overestimated. He stated that cable
TV would make better broadcasters of the networks here. Cable TV provides free service
to every school in Waco who have requested it. In his opinion, Channel 24 would continue
after the cable comes in. In cases where a local station opts not to carry a network
program, the cable can carry it. He mentioned one educational channel and one independent
channel. Religious and foreign language stations are available.
Alderman Ryle left to attend a funeral.)
Waco has 50 cable employees. Service is available for $7.95. They have pay TV
in Waco. The Council does not regulate their rates. They do not show, nor do they intend
to show "X" rated movies in Waco. They do show "R" rated movies. He stated that cable
TV is equally viable without pay TV.
369
Item lle, cont'd.
Jack Cole, Attorney for Daniels Properties in Washington, D.C. , discussed how
Tyler reacted when they got Dallas signals. Wichita Falls is famous in Washington
because it does not have a cable system. It provides a great opportunity to provide a
full service cable and offer the subscriber a choice. People should have access to a
diversity of interest. Non-duplication is here to stay.
Hazel Sproll and Patricia Garrett both stated they would like the freedom to
choose what they want to watch. Mrs. Sproll stated she does not like what Channels
3 and 6 offer.
Gene Cargill, 204 Dirks, stated that he has worked in both cable and commercial
TV, and has not seen any evidence that a cable system has put another station out
of business. There is a difference in cable and pay TV. He urged the Council to give
the people of Wichita Falls an opportunity to choose for themselves.
Lee Grace, 2313 D Lou Lane, mentioned that none of the stations in Austin went
out of business because of the cable. Mrs. Snider, 3217 York, stated that in order to
be successful, cable TV would have to offer more than the other stations offer.
Item 6d
A proposed ordinance was presented to include equal housing opportunity within
the jurisdiction of the Human Relations Commission.
ORDINANCE NO. 3187
AN ORDINANCE AMENDING SECTION 2-157 OF THE CODE OF ORDINANCES TO INCLUDE
EQUAL HOUSING OPPORTUNITY IN THE JURISDICTION OF THE HUMAN RELATIONS COMMISSION
Moved by Alderman Ashbrook that Ordinance No. 3187 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
item 6e
A proposed ordinance was presented closing and abandoning certain parks.
ORDINANCE NO. 3188
ORDINANCE CLOSING AND ABANDONING PARKS ON BLOCKS 31 AND 33, FAITH VILLAGE,
UNIT I AND IN HILLTOP ESTATES ADDITION, EFFECTIVE UPON RECEIPT BY THE CITY OF
THE EXPENSES THEREFOR.
Moved by Alderman Bassett that Ordinance No. 3188 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
The City Attorney recommended that the fee owner of the land on which each park
was located be required to pay the additional expenses incurred in submitting such
issues to the voters in conjunction with the regular Municipal election. This
expense was determined to be $210.00 by the City Clerk and City Attorney.
Moved by Alderman Bassett that the above expense be established.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 7a
A proposed resolution was presented authorizing approval of federal grant application
for police statistical analyst.
RESOLUTION NO. 1953
RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL GRANT FOR POLICE DEPARTMENT
STATISTICAL ANALYST.
370
Item 7a, cont'd.
WHEREAS, the Wichita Falls Police Department wishes to make application for a
Federal grant funded through the Texas Criminal Justice Division to commence in October,
1977, for Fiscal Year '77-78; and,
WHEREAS, the application for said Federal grant must be submitted to the regional
clearing house by the end of May, 1977; and,
WHEREAS, the amount to be requested in the application is $17,745.00 to establish
a police statistical analysis office for one year; and
WHEREAS, the request for funding in the amount of $17,745.00 for a police statistical
analysis office was submitted to the Nortex Regional Planning Commission for its
consideration; and,
WHEREAS, this project was approved by the Nortex Law Enforcement Advisory Board
and will be included in their 1978 plan which commences in October, 1977; and,
WHEREAS, the project as approved by the Nortex Law Enforcement advisory Board will
be funded on a matching basis for five years on a sliding scale from 100% funding the
first year to 20% the fifth year; and,
WHEREAS, the Board of Aldermen deems that a statistical analysis office in the
Wichita Falls Police Department is necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The project for establishing and developing a Police Department statistical
analysis office is hereby approved and the City Manager is hereby authorized to make
such applications for Federal grants funded through the Texas Criminal Justice Division
as may be necessary and appropriate for the funding of said project.
Moved by Alderman Mathis that Resolution No. 1953 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
Item 7b
A proposed resolution was presented approving an easement to Texas Electric
Company in Weeks Park. 4 ,, .
RESOLUTION NO. 1954
RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC
DISTRIBUTION LINE IN WEEKS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT:
That certain easement, a copy of which is attached hereto, from the City of
Wichita Falls to Texas Electric Service Company for an electric distribution line in
Weeks Park is hereby approved, and the City Manager is authorized to execute and deliver
the same for the City of Wichita Falls.
Moved by Alderman Ashbrook that Resolution No. 1954 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
Item 7c
A proposed resolution was presented appointing a substitute judge for the Municipal
Court of Record.
RESOLUTION NO. 1955
RESOLUTION CONFIRMING AND CONSENTING TO APPOINTMENT OF MR. WILLIAM L. OTTEN,
JR. , AS A SUBSTITUTE JUDGE FOR THE WICHITA FALLS MUNICIPAL COURT OF RECORD.
371
Item 7c, cont'd.
WHEREAS, there is now a vacancy in the position of substitute judge for the Municipal
Court of Record of Wichita Falls, Texas, who serves in the event of temporary disability
of the regular municipal judge; and,
WHEREAS, it is deemed advisable to have two substitute municipal judges to serve in
the event of temporary disability of the regular municipal judge and presently there is
only one substitute municipal judge; and,
WHEREAS, the Mayor of Wichita Falls, Texas, has appointed Mr. William L. Otten, Jr. ,
to the position of substitute judge of the Municipal Court of Record of Wichita Falls,
Texas; and,
WHEREAS, the Board of Aldermen finds upon examination that Mr. Otten is duly
qualified to serve in said position; and,
WHEREAS, the Board of Aldermen deems it advisable and proper to confirm the
appointment of Mr. William L. Otten, Jr. , as a substitute municipal judge of the
Municipal Court of Record of Wichita Falls, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The appointment by the Mayor of Mr. William L. Otten, Jr. , to the position of
substitute municipal judge of the Municipal Court of Record is hereby confirmed and Mr.
Otten is hereby authorized to enter into the duties and responsibilities prescribed
for said position.
Moved by Alderman Mathis that Resolution No. 1955 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
Item 7d
V
i
A proposed resolution was presented authorizing the employment of a resident
engineer for waste water treatment plant construction.
RESOLUTION NO. 1956
RESOLUTION RATIFYING AND CONFIRMING THE EMPLOYMENT OF BLACK & VEATCH,
CONSULTING ENGINEERS, TO PROVIDE CERTAIN ENGINEERING SERVICES CONCERNING
WASTE WATER TREATMENT PLANT.
WHEREAS, the City and Black & Veatch, consulting engineers, entered into a contract
dated September 9th, 1969, whereby such engineers were to perform certain services for
increasing the capacity of waste water treatment by the City of Wichita Falls; such
engineers were to perform the services described in Items 1 through 5 of Section I
of said contract, and the City had the option to have such engineers perform further
services; and,
WHEREAS, thereafter by Resolution No. 1137 the Board of Aldermen authorized such
engineers to proceed with the services set out in Items 7, 8, and 9 of Section I
of said contract; and,
WHEREAS, thereafter by Resolution No. 1193, the Board of Aldermen authorized the
City Manager to make application for a Federal grant under Public Law 660, and to sign
the acceptance of the offer and any other necessary documents required to complete the
project; and,
WHEREAS, it was the intention of the Board of Aldermen to authorize the City Manager
to direct said engineers to proceed with the services contained in Items 10 through
14 of Section I of such contract, and such engineers did in fact furnish such services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The action of the City Manager in authorizing and directing Black & Veatch to
perform for the City of Wichita Falls the engineering services set out in Items 10
through 14 of the contract dated September 9th, 1969, which services have been
performed by such engineers, is hereby ratified and confirmed.
372
Item 7d, cont'd.
Moved by Alderman Mathis that Resolution No. 1956 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Alderman McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None
Item 7e
A proposed resolution was presented approving joint certification of the urban V - ,
transportation planning process. r
Alderman Ryle returned to the meeting.)
RESOLUTION NO. 1957
A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION
PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACT,
AGREEMENTS, AND CERTIFICATIONS.
WHEREAS, in the Wichita Falls area federal assistance may be requested for 1) street
and highway construction, 2) capital assistance for public mass transportation, 3) operating
assistance for public mass transportations, and 4) transportation planning; and,
WHEREAS, Joint Certification of the Urban Transportation Planning Process by the
Federal Highway Administration and Urban Mass Transit Administration is prerequisite
for federal capital, operating, and planning assistance; and,
WHEREAS, the Joint Certification process requires endorsement by the Metropolitan
Planning Organization of the Prospectus, Transportation Plan, Transportation Systems
Management Element, Transportation Improvement Program with Annual Element, and the
Unified Work Program; and
WHEREAS, the City of Wichita Falls, Texas has been redesignated on
June 25, 1975 as the Metropolitan Planning Organization for the Wichita Falls urbanized
area through August, 1977; and,
WHEREAS, the City of Wichita Falls, Texas has accepted the designation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The following documents of the Urban Transportation Planning Process
are hereby endorsed as being valid and consistent with the City of Wichita Falls'
General Plan, community development objectives, and overall social, economic, environmental,
system performance, and energy conservation goals and objectives:
Continuing Phase Agreement" dated March 28, 1973
Prospectus
Wichita Falls Urban Transportation Plan, 1970-1990 and the 1976 Annual Report
Transportation Systems Management Element
Unified Work Program September 1, 1977 - August 31, 1978
Statement addressing Air Quality determination
Statement addressing Title VI requirement
Agreement between NORTEX Regional Planning Commission and the MPO
SECTION 2. The City Manager is authorized to execute required contracts,
agreements, and certifications for continued transportation planning activities
and for the City of Wichita Falls continuing to perform as the Metropolitan Planning
Organization.
Moved by Alderman Mathis that Resolution No. 1957 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None (Alderman McAlister was out of the room.)
373
Item 7f
A proposed resolution was presented designating the month of May as "clean-up,
fix-up" month.
RESOLUTION NO. 1958
RESOLUTION DECLARING MAY TO BE "CLEAN-UP, FIX-UP" MONTH AND URGING
RESIDENTS OF THE CITY TO TAKE AN INTEREST IN BEAUTIFYING THEIR HOMES,
BUSINESSES, PARKS, STREETS AND SCHOOLS.
WHEREAS, a group of involved citizens and merchants have volunteered their efforts
to have a city-wide "Clean-Up, Fix-Up Campaign;" and,
WHEREAS, the purpose of this campaign is to encourage residents of the City to
take an interest in beautifying their homes, businesses, parks, streets and schools,
thereby reflecting their civic pride and making the total community a greener, cleaner
place in which to live; and,
WHEREAS, the leaders of this "Clean-Up, Fix-Up Campaign" have requested that the
Board of Aldermen recognize and urge citizen participation in this project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN, THAT:
The month of May is hereby declared to be "Clean-Up, Fix-Up" month in Wichita
Falls and all citizens are hereby urged and encouraged to participate in the "Clean-
Up, Fix-Up Campaign."
Moved by Alderman Ryle that Resolution No. 1958 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle
Nays: None (Alderman Mathis was out of the room.)
tem 7g
A proposed resolution was presented approving appraisals on Kell Freeway project.
RESOLUTION NO. 1959
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND
AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
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 State
Department of Highways and Public Transportation, 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 Warranty Deed and
Easement are as follows:
Kell Freeway - Project 52-380
Warranty Deed
Lot 4, Block 18, I. Jalonick Addition
Lot 3, Block 15, I. Jalonick Addition
Lot 19, Nobles Resurvey of Block 11, I. Jalonick Addition
Lot 6, Block 6, I. Jalonick Addition
Easement
0.009 acre out of 52.484 acre tract in Cyrus Eakman Survey,
Section 2, SPRR Co. Script No. 16/57, Abstract 450
Combined total of values approved in this resolution 55,142.00
374
Item 7g, cont'd.
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 State Department of Highways
and Public Transportation or the City of Wichita Falls, by Warranty Deed or by Easement
such tracts of land as shown on the project fight-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 State Department of Highways and Public Trans-
portation.
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 State Department of
Highways and Public Transportation or the City of Wichita Falls.
Moved by Alderman Ashbrook that Resolution No. 1959 be passed.
Motion seconded by Alderman Russell.
Alderman McAlister mentioned the memo from the City Manager regarding access
rights on Kell. He stated that he is in general agreement with policy guidelines as
stated in the memo, but desired to add one thing; that access is denied only until the
main lanes are built, and then and only then do the frontage roads take on the character
of true frontage roads. The City Manager stated that this will be placed in the form
of a resolution for their adoption.
The motion was carried by the following vote:
Ayes: Alderman McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
r Item 5e
Ben Shelton, Director of General Services, presented the briefing for his division.
Item 8a
Bids were considered on fixed refuse containers for the Sanitation Department. It
was recommended that the low bid be awarded to Industrial Disposal Supply Company, Plano,
Texas, in the amount of $12,523.50. r
Moved by Alderman McAlister that the bid be awarded as recommended. u'
Motion seconded by Alderman Mathis, and carried unanimously.
y Item 8b
Bids were considered on 100,000 pounds sodium hexametaphosphate for water
purification. It was recommended that the low bid be awarded to Chemical Supply Company,
Wichita Falls, in the amount of $29,500.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Mathis, and carried unanimously.
V Item 8c
Bids were considered on 580 tons ferrous sulphate for water purification. It was
recommended that the lowest acceptable bid be awarded to Chemical Supply Company,
Wichita Falls, in the net amount of $45,100 for both bulk and bag quantities.
Moved by Alderman Bassett that the bid be awarded as recommended.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 8d
Bids were considered on 401,600 pounds silicate of soda for water purification.
It was recommended that the low bid be awarded to Chemical Supply Company for tank
truck quantity in the amount of $17,007.52, and to Van Waters and Rogers, Dallas, for
drum quantities in the amount of $17,208.
375
Item 8d, cont'd.
Moved by Alderman McAlister that bids be awarded as recommended.
Motion seconded by Alderman Russell, and carried unanimously.
L
Item 8e
Bids were considered on 1800 tons of quicklime for water purification. It was
recommended that the low bid be awarded to Texas Lime Company, Cleburne, Texas, in the
amount of $80,550.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 8f
Bids were opened on April 25 on a backhoe and front end loader for Water Distribution
Department. Three or four days before bids were to be opened it came to the attention
of the Director of Public Utilities that perhaps a different machine should be traded
in. Because of this change of plans, it was recommended that all bids be rejected,
and authority be granted to readvertise for bids.
Moved by Alderman Bassett that all bids be rejected, and authority be granted
to readvertise, as requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 8g
Bids were considered for traffic signal control equipment. It was recommended that
the following low bids be awarded.
a. Signal Engineering Company - 4 controllers - $27,648.00
b. Traffic Signal Equipment, Inc. - 3 controllers - $16,362.00
c. Automatic Signal Co. - 42 Signals - $7,774.10
d. Signal Engineering Co. - 55 Detectors - $3,357.75
e. Signal Engineering Co. - 11 Signal Poles - $7,423.25
f. Eagle Signal Co. - 5 Pedestal Poles - $505.00
g. Traffic Signal Equipment, Inc. - 13,550 Signal Cable - $2,862.32
h. Traffic Signal Equipment, Inc. - 16,000 Interconnect Cable - $25,792.00
Total - $91,724.42
Moved by Alderman McAlister that bids be awarded as recommended.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 9a
Permission was requested to advertise for bids on traffic control equipment at
Barnett Road and FM 369 (Southwest Parkway) to be known as the 1975-76 Urban Systems
Program.
Moved by Alderman McAlister that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Russell, and carried unanimously.
Item 10
Moved by Alderman McAlister that minutes of the meetings of the following boards
and commissions be received.
r
a. Planning Board - April 13, 1977
b. Park Board - April 26, 1977
c. Mayor's Commission on Status of Women - April 7, 1977
d. Traffic Safety Council - April 6, 1977
Motion seconded by Alderman Ryle, and carried unanimously.
376
Item lla
The Council went into executive session to discuss personnel, after which time the
following appointments were made.
a. Planning Board -Michael Lam reappointed for a 3-year term to expire 5-23-80;
Robert Castle reappointed for a 2-year term to expire 5-23-79; Buddy Isles
appointed for a 3-year term to expire 5-23-80; H. M. Garrett appointed for a
3-year term to expire 5-23-80; Walter Berry appointed for a 2-year term to
expire 5-23-79; Louise Hunter appointed for a one-year term to expire 5-23-78.
Moved by Alderman Mathis that the above appointments be approved.
Motion seconded by Alderman Ryle, and carried unanimously.
Moved by Alderman Ryle that Jacque Allen be appointed as Chairman for a one year
term to expire May 23, 1978.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Moved by Alderman Ashbrook that Andy Carron be appointed as Alternate.
Motion seconded by Alderman Mathis, and carried unanimously.
b. Mayor's Commission on Status of Women - Owanah Anderson, Laura Doing, Clarissa
Summons, Arthur B. Williams, Dr. Jennie Louise Hindman, Corty Sutton, Barbara
Glickman, and Dr. Mary Ross for two-year terms to expire April 22, 1979; Linda
Lowder, Sally Reid, and Beth Tayntor for one-year terms to expire April 22, 1978.
Moved by Alderman Mathis that the above appointments be approved.
Motion seconded by Alderman Bassett, and carried unanimously.
c. Park Board - Carol Nutt appointed for a term to expire January 1, 1980.
Moved by Alderman Mathis that Carol Nutt be appointed to the Park Board.
Motion seconded by Alderman Bassett, and carried unanimously.
Moved by Alderman Russell that Norma Crane be appointed as Alternate.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman McAlister noted that the Council also discussed the possibility of having
the staff and Planning Board look at the possibility of redefining the duties of this
board.
Item lld
Moved by Alderman Ashbrook that Jarratt, Cocke, and Tillery be appointed as
auditors for the City's financial records for the 1976-77 fiscal year.
Motion seconded by Alderman Mathis, and carried unanimously.
Item llf
Alderman Russell commented that an alley in her neighborhood had been in a
of disrepair since the last week of December, and the property owners do not know
why. She requested that some type of notification be given them.
Alderman Ryle stated that he desires to pursue the matter of pressure on members
of various city boards. The City Attorney is working on this.
v.
Mayor Boyd requested that the staff reply to a letter he had received requesting
t/ that a street be named after J. W. Williams.
Mayor Boyd read a statement from the City Attorney regarding the ordinance on
dance hall licenses for dancing schools. The staff was requested to make a study of
this ordinance.
Moved by Alderman Ryle that no action be taken regarding compliance with the
ordinance until this study is completed.
377
Item llf, cont'd.
Motion seconded by Alderman Ashbrook, and carried unanimously.
j Alderman Russell mentioned a letter from Mrs. Carlisle on Garfield street
pertaining to a softball installation in TESCO Park. She inquired if we make an
environmental impact study before installing a facility of this nature? Steve Ondrejas,
Director of Planning, stated that proper steps were taken to follow the federal guidelines.
There were two public hearings on this particular project in 1975, and additional
hearings were held on environmental assessment record. The public hearing processes
were advertised. It was suggested that the curfew problem be examined in this park.
The Board of Aldermen adjourned at 6:00 P.M.
PASSED AND APPROVED this / (.44:-- day of 1977.
41;;
1'.
MAYOR
d#'4:;/‘
ATTEST:
CITY CLERK
DISTRIBUTION EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING
That HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
herein referred to in the singular, whether one or more) of
Wichita
County, Texas, for and in consideration
of ONE AND NO/l00
Dollars ($ 1. 00
to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and
convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers ofwires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone andtelegraphwire, props, guys and anchorages), at or near the location and along the general course now located and staked out
by said Company, along, over, under, across and upon the following described lands located in Wichita
County, Texas, to wit:
Being described as Weeks Park of the City of Wichita Falls , Wichita County,Texas .
The centerline of the ten-foot wide easement herein granted is described as
follows :
BEGINNING at a oint in existing distribution line, said point being 20 feetEastoftheEasterlycurblineofMidwesternParkwayand1218feetNorth2856 ' East of the North Right-of-Way line of Weeks Park Lane;
THENCE South 28°56 ' West, parallel to said Midwestern Parkway curb line,1502 feet to a point.
BEGINNING again at said beginning point;
THENCE North 28°56 ' East 30 feet to a point.
BEGINNING again at a point in the South Right-of-Way line of Weeks ParkLane , said point being South 65°09 ' East of the point of intersection of
said South Right-of-Way line and the Easterly curb line of MidwesternParkway;
THENCE South 170 West 16 feet to a point.
Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, andherebyagreesthattheeasementherebygrantedshallapplytotheactuallocationofsaidlinewhenconstructed.
Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose ofinspecting, maintaining, constructing and removing said fine and appurtenances; the right to relocate along the same generaldirectionofsaidlines; the right to relocate said line in the same relative position to any adjacent road if and as such road iswidenedinthefuture; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur-tenances or, said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of saidline, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter-fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cutdowntreesorshubberywithin, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, asmaybenecessarytopreventpossibleinterferencewiththeoperationofsaidlineortoremovepossiblehazardthereto.
TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, untilsaidlineshallbeabandoned.
And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above •described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfullyclaimingortoclaimthesameoranypartthereof.
WITNESS hand this....... .. ......... ... day of 19
THE CITY OF WICHITA FALLS , ACompanyAgentor
MUN C.ZPAL..._ QRP.QRA .Z.QNEmployeeSecuringEasement:
ATTEST :
BY: raid -F-ox, ,C-it .Manager