Min 08/02/1977416
Wichita Falls, Texas
Memorial Auditorium Building
August 2, 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 X
Fred E. Bassett
Carol Russell X Aldermen
Ray Ashbrook
W. E. Ryle
Jerry Mathis
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 Bill Aaron, Our Lady Queen of Peace Catholic Church.
Item 3
Moved by Alderman Ashbrook that minutes of the meeting held July 5, 1977, be
approved.
Motion seconded by Alderman Ryle, and carried unanimously.
tem 4a
The public hearing was opened on the 1976-1977 Reconstruction Program.
Mrs. Loomis appeared for her parents, Mr. and Mrs. J. J. Dorsey, who are in a
rest home. The property is located at 1233 31st Street. She stated that they are
unable to pay the taxes, let alone the paving. Mayor Boyd and the City Manager
explained that they are given 96 months to pay for it, and that a lien would be placed
on their property if it is not paid off in that period of time. The City has not as
yet foreclosed on any of these properties. It will be collected when the property
is sold. Mayor Boyd stated that the Council has made a commitment to pave all
streets. Mrs. Loomis inquired if paving would help the flooding problem on 30th
and 31st? Mayor Boyd explained that it probably would not alleviate the flooding, but
it would make it easier to get to their homes.
Opal Odom, 1300 31st, stated that the lots would not bring what the paving will
cost. She stated there is no way she can pay for it on $190.00 per month. She is
being assessed $1,015 on Travis (side lot) and $157 on 31st Street. Alderman Ryle
suggested that we not include Travis Street as part of the lien, but the City Manager
explained that the entire portion of Travis is side lots. Ernest Lillard stated that
the City is only assessing fifty percent of the cost of the paving; also, that this
allegation requires some kind of proof, either by a real estate appraiser or an
opinion of the court.
The Public Works Department was requested to furnish information regarding
appraisal of property in this area. Mr. Lillard explained that on the side lots the
street has never been paved, but it has been in front of the houses. Street
construction costs are not charged in front of the house, but costs have been charged
on the side. The City Manager stated that all streets are not assessed the same
because of the difference in grades, etc.
Mrs. Russell mentioned that her property on 31st Street had been reappraised
from $950 to $300. Mrs. Loomis cited an example of a real estate agent trying to
get $4,000 for three lots and a house three years ago, but was unable to do so.
Buddy Nichols mentioned water running down 30th Street. Mr. Lillard explained
that they are planning some drainage work in that area. He realizes that while there
is an economic impact on the property owners by including all these streets, it is the
only way they can take care of it.
Mrs. Chamberlain, 1327 32nd Street, inquired if any of the property would be taken
when they reconstruct the street. The Mayor and City Manager stated that they will
417
not be taking any of her property, but they will use street right-of-way.
Mrs. Studer, a teacher, appeared on behalf of her mother, Mrs. Penniston at34thandTravis. She inquired if these appraisals would be made on an individualorcollectivebasis. It was stated that it would be on an individual basis.
Frank Hayes, 1406 35th, explained that he has a beautiful tree where the sidewalkshouldbelocated. Mr. Lillard explained that due to circumstances in the area, nosidewalkwouldbeinstalled.
The City Manager noted that the adjustments mentioned here will be made in thepavingassessmentordinanceinsteadofthisone.
The public hearing was closed.
ORDINANCE NO. 3200
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING VARIOUS STREETS DESIGNATED AS THE 1976-1977 RECONSTRUCTION PAVINGPROGRAMINTHECITYOFWICHITAFALLS, TEXAS FIXING CHARGES AND LIENS AGAINSTABUTTINGPROPERTYTHEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THECOLLECTIONOFSUCHASSESSMENTSANDTHEISSUANCEOFASSIGNABLECERTIFICATIONSINEVIDENCETHEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THEEXTENTOFANYCREDITGRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THEBOARDOFALDERMENOFWICHITAFALLS, TEXAS, AND BY FILING THE ORDINANCE INTHEORDINANCERECORDSOFSAIDCITY; PROVIDING AN EFFECTIVE DATE, PROVIDINGSUNDRYMATTERSINCIDENTTHERETO, AND DECLARING AS EMERGENCY:
Moved by Alderman Ashbrook that Ordinance No. 3200 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
Item 4b
The public hearing was opened on the 1976 Assessment Paving program.
E. M. Stephens, 1711 Fairfax Street, stated that the paving of this street is
opposed by a majority of the property owners because they are not able to pay for it.He stated that there seems to be a difference of opinion concerning the value of theproperty.
Jean Brown, of Burkburnett, appeared as a property owner on Fairfax. She questionedthereasonforpavingit, and it was explained that they are trying to pave all dirtstreetswithinthecity.
ORDINANCE NO. 3201
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING VARIOUS STREETS DESIGNATED AS THE 1976 ASSESSMENT PAVING PROGRAMINTHECITYOFWICHITAFALLS, TEXAS, FIXING CHARGES AND LIENS AGAINSTABUTTINGPROPERTYTHEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONSINEVIDENCETHEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THEEXTENTOFANYCREDITGRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL
THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OFALDERMENOFWICHITAFALLS, TEXAS AND BY FILING THE ORDINANCE IN THE ORDINANCERECORDSOFSAIDCITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERSINCIDENTTHERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3201 be passed, and that the staff beinstructedtoprovidetheCouncilwithinformationonre-evaluation of properties onBluff, Fairfax, and Travis Streets, and that the 30-day period be waived until theinformationispresented.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
418
tem 4c
The public hearing was opened on Barnett Road paving program. No one desired
to be heard.
ORDINANCE NO. 3202
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING A PORTION OF BARNETT ROAD FROM F.M. HIGHWAY NO. 369 (SOUTHWEST
PARKWAY) to 2,736 FEET SOUTH IN THE CITY OF WICHITA FALLS, TEXAS, FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS
THEREOF; PROVIDING FOR THE COLLECTION ON SUCH ASSESSMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD
OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO
ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE
MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE
ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE
DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3202 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 4d
James Kellett appeared representing Lake Arrowhead Community Association. He
stated that considerable progress has been made by the City. Chief Harrelson and
Officers Miller and Reid were commended for their efforts in law enforcement. They
desired to maintain the level of law enforcement which has been established this
summer. They desired that the firefighting equipment be purchased from the Forrestry
Service and equip it to fight fires with water out of the lake. Fire call service
from the City is now unsatisfactory. Alderman Ryle mentioned the possibility of a
mutual aid agreement with Henrietta for additional fire protection. Mr. Kellett
requested training for the persons who will be manning the truck. He also requested
weather warning sirens. The City Manager stated that this service level has been
proposed for the Council to consider. Mr. Kellett requested an increased level of
service in the road repairs. He also noted that the rocks are falling from the dam,
and leakage has been noted in the dam. He also mentioned the water system for the lake.
Alderman Ryle inquired if there is any compelling reason why we have our city
limits out there? The City Manager explained that in 1968 the Council decided to
initiate annexation procedures for better control of development and law enforcement.
Alderman Ryle inquired about the procedure to deannex. The City Attorney explained
that the property owners have to request deannexation. Mr. Kellett inquired into the
cost of a water system for Lake Arrowhead. The City Manager stated it would be
approximately $1000 to $2000 per lessee, paying over a five year period. Untreated
water was estimated at $419,000 and treated water at $1,445,000.
Item 5a
A proposed appropriation ordinance was presented for funds to repair damage
s i ',, caused by vandalism at the Health Department building.
ORDINANCE NO. 3203
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT
NUMBER 11-061-4350, AND DECLARING AN EMERGENCY.
Moved by Alderman Bassett that Ordinance No. 3203 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 5b
A proposed appropriation ordinance was presented in the amount of $25,245.00 for
payment of professional fees regarding litigation or utility rate hearings.
419
Item 5b, cont'd.
Alderman Russell questioned the assessment of the Texas Municipal League and the
National Institute of Municipal Law Officers. The City Manager explained that the
TML assessment is based on ten cents per capita, and the latter is based on brackets
of population.
ORDINANCE NO. 3204
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3204 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
J Item 5c
A proposed ordinance was presented appropriating $78.16 to finalize payment to f
Dircon Corporation for the 1976 seal coat program.
ORDINANCE NO. 3205
AN ORDINANCE AMENDING ORDINANCE NO. 2826, TO REDUCE THE APPROPRIATION FOR
STREET SURFACE OVERLAY, AND AMENDING ORDINANCE NO. 2761 TO INCREASE THE
APPROPRIATION FOR SURFACE TREATMENT.
Moved by Alderman Ashbrook that Ordinance No. 3205 be passed.
Motion seconded by Alderman McAlister and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, and Mathis
Nays: None (Alderman Russell was out of the room.)
Item 6a
A proposed ordinance was presented adding a parking meter zone on Grace Street,
at the request of the owner of apartments at 1000 and 1002 Grace Street. It was
believed by Mrs. Langford that this would help to alleviate some existing parking
problems for her tenants. Some members of the Board of Aldermen disagreed that this
would be the solution.
ORDINANCE NO. 3206
AN ORDINANCE AMENDING PARAGRAPH (a) SECTION 29-148 OF THE CODE OF ORDINANCES
OF THE CITY OF WICHITA FALLS, TEXAS, ADDING CERTAIN PARKING METER ZONES.
Moved by Alderman Ryle that Ordinance No. 3206 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, and Ryle
Nays: Aldermen McAlister and Mathis
vltem 6b
A proposed ordinance was presented amending the animal control ordinance.
ORDINANCE NO. 3207
AN ORDINANCE AMENDING SEC. 5-74 OF THE CODE OF ORDINANCES OF THE CITY OF
WICHITA FALLS SHALL BE AMENDED TO PROVIDE THAT THE DIRECTOR OF PUBLIC HEALTH
SHALL HAVE THE POWER TO ORDER THE RELEASE OF ANY INFANT OR INJURED WILD
ANIMAL.
Moved by Alderman Mathis that Ordinance No. 3207 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
420
Item 6b, cont'd.
Alderman Ryle noted that offenses for biting dogs is not enough, and he would
like a higher fine to be considered. The City Manager stated that he has asked the
staff to make a recommendation on this matter.
Item 6c
A proposed ordinance was presented closing a portion of Ohio Street.
ORDINANCE NO. 3208
AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF OHIO STREET SOUTH OF
12TH STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF WICHITA FALLS, WICHITA
COUNTY, TEXAS, SAID PORTION BEING HEREINAFTER MORE PARTICULARLY DESCRIBED.
Moved by Alderman Bassett that Ordinance No. 3208 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
tem 6d
A request for waiver of right-of-way width requirements for a proposed street in
jJr{}-'
the proposed North Village Subdivision was presented. This request was approved by
the Planning Board, but it is not recommended by the Planning Division because it
sets a precedent for future development, and the risk factor of having a dangerous
area is too high as a result of a major commercial area having a narrow right-of-way
width, and only fifteen foot building limit lines. Steve Ondrejas and Ed Ilschner
presented a review of this request. Mr. Ilschner stated that his letter to Mr. Hirschi
dealt with the median only.
John Hirschi stated that he bought the property, based on Mr. Ilschner's letter
regarding the plat. He stated they were not aware of any objections to the plat
prior to attending the meeting. Mr. Ilschner stated that his letter dealt only with
geometrics and the median, and not the plat. Mr. Hirschi feels there was improper
study of this matter by the Planning Department. Mr. Ilschner stated that the reason
for aligning the street with Nehl was to not create two intersections and double the
conflict points. Steve Ondrejas pointed out the requirements of street and right-
of-way width in residential and commercial subdivisions. Alderman McAlister suggested
that there is perhaps good reason to modify the ordinance. Mayor Boyd stated that he
feels this is an odd situation, and is an exception rather than a precedent.
ORDINANCE NO. 3209
AN ORDINANCE WAIVING RIGHT-OF-WAY WIDTH REQUIREMENTS FOR A PROPOSED STREET
IN THE PROPOSED NORTH VILLAGE SUBDIVISION TO THE CITY OF WICHITA FALLS, TEXAS.
Moved by Alderman Ashbrook that Ordinance No. 3209 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Mr. Hirschi stated that he did not realize he was supposed to have a pre-plat
conference. Alderman Mathis requested that a resolution be drawn up encouraging pre-
plat conferences. Charles Harper, a member of the Planning Board, desired something
stronger than a recommendation.
Item 6e
A proposed ordinance was presented naming a street after the late author, J.
W. Williams.
ORDINANCE NO. 3210
AN ORDINANCE NAMING THE PERIMETER ROAD IN LUCY PARK, CITY OF WICHITA FALLS,
TEXAS, WILLIAMS MEMORIAL DRIVE.
Moved by Alderman McAlister that Ordinance No. 3210 be passed.
421
Item 6e, cont'd.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
Item 6f
A proposed ordinance was presented closing Robinson Road and Vaughn Road inMidwesternPark, Unit One. Stephen Ondrejas explained that a petition was presented
and signatures verified indicating approval of the street closures by the propertyownersinvolved. The utility companies have also given their approval.
ORDINANCE NO. 3211
AN ORDINANCE CLOSING AND ABANDONING ROBINSON ROAD LYING BETWEEN BLOCKS 8
AND 13 AND VAUGHN ROAD LYING BETWEEN BLOCKS 3 AND 4 OF MIDWESTERN PARK,UNIT ONE, A SUBDIVISION OF WICHITA FALLS, TEXAS.
Moved by Alderman Ryle that Ordinance No. 3211 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
Item 10a
Permission was requested to advertise for bids to construct the EastsideNeighborhoodServiceCenter.
Moved by Alderman McAlister that authority be granted to advertise for bids asrequested.
Motion seconded by Alderman Bassett, and carried unanimously.
Otis Polk thanked the Council for the cooperation given to help the poor, aged,and youth.
Item 7g
A proposed resolution was presented authorizing purchase of property for DepotSquare.
RESOLUTION NO. 1985
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS, AND
AUTHORIZING PURCHASE OR CONDENMATION OF CERTAIN PROPERTIES FOR DEPOT SQUAREPROJECT.
WHEREAS, it is necessary to acquire the property hereinafter described for theDepotSquareproject; and,
WHEREAS, such property has been appraised by independent appraisers employed bytheCityforthispurpose, and the amount of these appraisals has been studied bytheBoardofAldermen, and a copy of same is now in the possession of the Director ofPublicWorks.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS THAT:
Section No. 1 It is necessary to acquire the fee simple title to the followingpropertiesinWichitaFalls, Texas for the Depot Square project:
WARRANTY DEED
E. 19' of S. 45' of Lot 8 Block 162,
Original Townsite
W. 51' of E.70' of S.25' & W.46' of E. 65'
of N.25' & E.19' of N.5' of Lot 8, Block 162,
Original Townsite
422
Item 7g, cont'd.
W.80' of S.25' & W.85' of N.25' of
Lot 8, Block 162, Original Townsite
Lot 9 & S. 1/2 of Lot 10, Block 162,
Original Townsite.
Combined total of values approved in this resolution 46,500.00
Section No. 2 The approved value of such properties are hereby approved and
the City Manager is hereby authorized to purchase by Warranty Deed such tracts of
land in the name of the City of Wichita Falls, Texas. The authorized price to be paid
for each tract is the value as determined by the appraisal made by the independent
appraisers referred to above.
Section No. 3 In addition to the purchase price provided for in Section 2, if
the acquisition of such property makes it necessary that any person be displaced, the
City Manager is authorized to pay such person his moving expenses and relocation
payments, rental supplements and compensation for expenses incidental to the transfer
of property to the City, as authorized under the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil
Statutes of Texas.
Section No. 4 In the event the City Manager is unable to purchase any such
tract or tracts for such approved values, he is hereby authorized and directed to
cause to be instituted condemnation proceedings, to obtain such tracts in the name
of the City of Wichita Falls, Texas.
Moved by Alderman Bassett that Resolution No. 1985 be passed.
Motion seconded by Alderman Ashbrook.
A discussion developed on the appraised value of this property. The Council
questioned the amount of the appraisal on Lot 9 and the South one-half of Lot 10,
Block 162, Original Town.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
It was later decided to hold up the offer on that piece of property until they
were able to see the basis for that appraisal.
The Council recessed at 12:20 and resumed the meeting at 12:55.
Item 7a
A proposed resolution was presented authorizing an application to the Federal
Aviation Administration for Phase 3 airport improvements.
RESOLUTION NO. 1986
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A REQUEST FOR FEDERAL AID FOR
PHASE III AIRPORT IMPROVEMENTS.
WHEREAS, the City of Wichita Falls has a need to make certain PHASE III
improvements at Municipal Airport which includes the reconstruction of the T-hangar
access and taxiway, and the reconstruction of access paving to hangars 2 and 3; and
WHEREAS, the approximate cost for such improvements is $201,000.00, of which it
is expected that the Federal Aviation Administration will furnish ninety percent
90%) , being approximately $180,900.00 and the city will furnish ten percent (10%)
being approximately $20,100.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Gerald G. Fox, City Manager, is authorized and directed to complete and file a
request for aid for such grant with the Federal Aviation Administration; the City
Manager is further authorized to sign any necessary documents requested to carry out
and complete such grant on behalf of the City.
423
Item 7a, cont'd.
Moved by Alderman McAlister that Resolution No. 1986 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
l,Item 7b
A proposed resolution was presented authorizing execution of an amended agreement v /
with the Department of Highways and Public Transportation for the purchase of Kell
and Loop 11 right-of-way.
RESOLUTION NO. 1987
A RESOLUTION APPROVING THE MODIFICATION OF AGREEMENTS WITH THE STATE OF
TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION CHANGING THE LIMITATION ON REIMBURSEMENT FROM THE STATE TO
THE CITY FOR RIGHT-OF-WAY ACQUIRED FROM 50 PER CENT TO 90 PER CENT AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS AS SO MODIFIED.
WHEREAS, on January 11, 1968, the Board of Aldermen of the City of Wichita Falls,
passed and approved Resolution Nos. 756, 757, and 758 which approved certain
contractual agreements for procurement of right-of-way for highway improvements on
Loop 11 from the Big Wichita River, north to U. S. Highway 287, on U. S. 82 and 277frompresentU. S. Highway 82 at F. M. Highway 369 to present U. S. Highway 287 atSibleyStreet, and on Spur 447 from U. S. 287 at Sibley Street, northeast to Highway240atEdisonStreet, all located in the City of Wichita Falls, Texas, respectively;and,
WHEREAS, these three agreements between the City of Wichita Falls and the State
of Texas were subsequently executed and dated January 31, 1968; and,
WHEREAS, these agreements provided that the State would reimburse the City for
right-of-way acquired after the date of the contracts in an amount not to exceed 50
per cent of the cost of the right-of-way acquired in accordance with the terms and
provisions of the agreements; and,
WHEREAS, House Bill 971, passed by the 65th Legislature, effective September
1, 1977, requires that the State of Texas participate in at least 90 per cent of the
City's eligible right-of-way costs; and,
WHEREAS, the State Highway and Public Transportation Commission on July 1, 1977,
passed Minute Order No. 72989, which ordered that, effective August 1, 1977, the
State Department of Highways and Public Transportation will reimburse City governments
to the extent of 90 per cent of the value as determined by the State or the net cost
thereof, whichever is the lesser amount, on rights-of-way authorized and requested by
the State Department of Highways and Public Transportation and also authorized the
modification of all Contractual Agreements with City governments presently in effect
to provide for 90 per cent participation by the State Department of Highways and
Public Transportation after August 1, 1977, such participation to be effective on the
date of the acceptance of the modification by the State Department of Highways and
Public Transportation; and,
WHEREAS, the City of Wichita Falls desires to modify the three existing Contractual
Agreements between the City and the State described above to provide for such 90 per
cent participation by the State Department of Highways and Public Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The modification of those certain Contractual Agreements for right-of-way pro-
curement, between the State of Texas, acting by and through the State Department of
Highways and Public Transportation, and the City of Wichita Falls, Texas, for highwayimprovementsonLoop11fromtheBigWichitaRiver, north to U. S. Highway 287, on
U. S. 82 and 277 from present U. S. Highway 82 at F. M. Highway 369 to present U. S.
Highway 287 at Sibley Street, and on Spur 447 in Wichita Falls from U. S. 287 at
Sibley Street, northeast to State Highway 240 at Edison Street, respectively, to
provide for 90 per cent reimbursement by the State, is hereby approved, and the Mayor
is hereby authorized to execute modifications to those Contractual Agreements for the
City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1987 be passed.
424
Item 7b, cont'd.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Alderman Ryle stated that he would like for the City to address drainage projects
on a continuing basis next year and in the future.
Item 7c
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway project.
RESOLUTION NO. 1988
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 by
Quit Claim Deeds are as follows:
Kell Freeway - Project 52-380
Warranty Deed
South 40' of North 115'of Lots 1 & 2, Blk. 19,
I. Jalonick Addition.
0.501 ac. tract of land, J. A. Scott Sur. # 10,
Vol. 392, Pg. 490.
386 ac. out of J. A. Scott Sur. #10, Abs. 302
Lot 1 & 2, Blk. 225, Original Townsite,
Vol. 392, Page 490
3648 sq. ft. of Lots 1 & 2, Blk. 2, Elliott Addition.
1630 sq. ft. of Lots 11 & 12, Blk. 17
I. Jalonick Addition.
West 2.5 feet of Lot 9, Blk. 17,
I. Jalonick Addition.
Lot 8, Blk. '6, I. Jalonick Addition.
Lot 9, Block 6, I. Jalonick Addition
Lot 18, Block 19, I. Jalonick Addition
North 32 ft. of Lot 11, Block 19,
I. Jalonick Addition.
740 sq. ft. of Lot 5, Blk. 225, Original Townsite
S.60' of Lots 19 & 20, Blk. 19, I. Jalonick Addition.
E. 75' of Lot 10, Block 6, I. Jalonick Addition.
W. 75' of Lot 10, Blk. 6, I. Jalonick Addition.
425
Item 7c, cont'd.
QUITCLAIM DEED
North 32 ft. of Lot 11, Block 19, I. Jalonick Addition
2817 sq. ft. of Lots 5 & 6, Block 225, Original Townsite.
Combined total of values approved in this resolution 321,337.00
Section No. 2 The values of such properties are hereby approved and the CityManagerisherebyauthorizedtopurchaseinthenameoftheStateofTexasorthe CityofWichitaFalls, by Warranty Deed 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 valuesasdeterminedfromappraisalsmadebyrealestateappraisersemployedbytheStateDepartmentofHighwaysandPublicTransportation.
Section No. 3 In event the City Manager is unable to purchase any such tract forsuchapprovedvalue, he is hereby authorized and directed to cause to be instituted
condemnation proceedings to obtain such tract in the name of the State of Texas or theCityofWichitaFalls.
Moved by Alderman McAlister that Resolution No. 1988 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
V Item 7d
A proposed resolution was presented declaring surplus a drainage easement on Loop 11.
RESOLUTION NO. 1989
RESOLUTION APPROVING EXCHANGE BY TEXAS DEPARTMENT OF HIGHWAYS AND TRANSPORTATIONWITHBOYS' CLUBS OF WICHITA FALLS OF LAND FOR DRAINAGE CHANNEL PURPOSES.
WHEREAS, the Texas Department of Highways and Public Transportation has receivedarequestfromtheBoys' Clubs of Wichita Falls to declare surplus certain land describedinaninstrumentofrecordinVol. 1086, Page 516 in the Deed Records of WichitaCounty, Texas, near and adjacent to Loop 11 and Maurine Street and North Beverly DriveintheCityofWichitaFalls, Wichita County, Texas, which land was acquired and is
currently being used for the purpose of maintaining proper drainage of the highwayfacilityatthislocation; and,
WHEREAS, the Boys' Clubs of Wichita Falls wishes to replace this drainage
facility along the edge of their property along Belue Street and North Beverly Drive;and,
WHEREAS, the State Department of Highways and Public Transportation would declare
a portion of the current drainage channel surplus to state needs in exchange for the newdrainagefacility, and the exchange agreement has been executed by the Boys' ClubsofWichitaFalls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
SECTION 1. The proposed surplus land is no longer needed for the use of the
citizens as a road, and the City of Wichita Falls foresees no future use of this
surplus land by the citizens of Wichita Falls.
SECTION 2. The City of Wichita Falls agrees to the exchange of land to the Boys'Clubs of Wichita Falls, as described in the field notes which are attached hereto andmadeaparthereof.
Moved by Alderman Bassett that Resolution No. 1989 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
426
Item 7e
f A proposed resolution was presented granting an easement to Santa Rosa Telephone
Cooperative along Lake Kemp dam for cable installation.
RESOLUTION NO. 1990
RESOLUTION AUTHORIZING EXECUTION OF EASEMENT TO SANTA ROSA TELEPHONE
COOPERATIVE, INC. AT LAKE KEMP.
WHEREAS, Santa Rosa Telephone Cooperative, Inc. is planning to construct a
telephone system for the Lake Kemp area, and it has requested an easement to place an
underground telephone cable along the road leading to the dam and across the dam; and,
WHEREAS, by locating the cable along this route, it will be able to serve
our caretaker's house and the Corps of Engineers mobile home, and also provide future
connections at the outlet structure in the event that monitoring may be needed or
desired.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is authorized to join with Wichita County Water Improvement
District No. 2 in executing for the City of Wichita Falls to Santa Rosa Telephone
Cooperative, Inc. an easement for an underground telephone cable across that tract
of land in Baylor County, Texas conveyed on August 8, 1968 to the City and Water
District by the W. T. Waggoner Estate. Such cable shall be laid along a route approved
by the City's Director of Public Utilities and the United States Army Corps of
Engineers; after the cable is laid, this easement shall be restricted and limited to
that location. The cable shall be laid in strict accordance with specifications
determined by the City's Director of Public Utilities and the U. S. Army Corps of
Engineers.
Moved by Alderman McAlister that Resolution No. 1990 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 7f
v A proposed resolution was presented authorizing a joint statistical agreement with
the Bureau of the Census.
RESOLUTION NO. 1991
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT STATISTICAL
AGREEMENT WITH THE BUREAU OF THE CENSUS AND TO ENTER INTO A CONTRACT WITH
F. M. WEAVER ASSOCIATES.
WHEREAS, the City of Wichita Falls desires to enter into a Joint Statistical
Agreement with the Bureau of the Census to correct, update and evaluate (CUE) the
GBF/DIME file and the Metropolitan Map Series; and,
WHEREAS, this agreement requires twenty-five percent (25%) local funding which
will be paid with in-kind services and/or available Community Development funds; and,
WHEREAS, F.M. Weaver Associates has offered to contract with the City for the
work required under this agreement.
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 enter into a Joint Statistical Agreement
with the Bureau of the Census to correct, update and evaluate (CUE) the GBF/DINE file
and the Metropolitan Map Series; and the City Manager is further hereby authorized to
enter into a contract with F. M. Weaver Associates to perform the work required under
this agreement. The twenty-five percent (25%) local funding required under this
agreement will be paid with in-kind services and/or available Community Development
funds.
Moved by Alderman Bassett that Resolution No. 1991 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
427
Item 7h
A proposed resolution was presented authorizing concession contract at WilliamsParktoJamesMcKinneyandtheWashingtonHighSchoolClassof1968.
RESOLUTION NO. 1992
RESOLUTION ACCEPTING BID OF JAMES McKINNEY FOR CONCESSION RIGHTS AT WILLIAMSPARKANDAUTHORIZINGTHECITYMANAGERTOEXECUTEACONTRACTWITHJAMESMcKINNEY.
WHEREAS, on July 28, 1977, James McKinney submitted a bid for the grant ofconcessionrightsatWilliamsParkfoundedontheagreementtopaytenpercent (10%)of gross sales to the City; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls deem it advisable to
grant to James McKinney the concession rights for Williams Park for one year followingtheexecutionoftheconcessioncontract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
The bid of James McKinney in which he agrees to pay ten percent (10%) of gross
sales to the City for the grant of concession rights at Williams Park is hereby acceptedandtheCityManagerisherebyauthorizedtoexecuteacontractwithJamesMcKinneygrantinghimtheconcessionrightsatWilliamsParkforaperiodofoneyear.
Moved by Alderman Ryle that Resolution No. 1992 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
1Item 8
Bids were considered on copier machine for Central Duplicating. It was recommendedthatthelowbidofIBMintheamountof $6,900 be accepted.
Moved by Alderman Ryle that the low bid be awarded as recommended.
Motion seconded by Alderman Mathis and carried unanimously.
Item 9
tAproposedresolutionwaspresentedapprovingChangeOrderNo. One to the contract
with Duke Construction Company for concrete under the fence at Hamilton Park TennisCenter.
RESOLUTION NO. 1993
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH DUKE CONCRETECONSTRUCTIONCO. FOR CONCRETE SLAB FOR HAMILTON PARK TENNIS CENTER COURTS.
WHEREAS, the City of Wichita Falls and Duke Concrete Construction Co. enteredintoacontractdatedMay26, 1977, whereby such contractor was to construct a concreteslabforfourtenniscourtsatHamiltonParkTennisCenter; and,
WHEREAS, it has been determined that such contract should be changed to provide foranadditional538squarefeetofreinforcedconcreteslabat $1.14 per square foot,for a total of $613.32.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
Change Order No. 1, a copy of which is attached hereto, to said contract, is
hereby approved and the City Manager is authorized to execute the same for the City ofWichitaFalls.
Moved by Alderman Ashbrook that Resolution No. 1993 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
428
Item 10b
Permission was requested to advertise for bids for tennis court surfacing, ballfield
lighting, basketball court, tennis courts, concession stand, parking lots, irrigation
system, picnic shelter units and barbecue pits, and playground equipment and basketball
slabs for various parks.
Moved by Alderman Mathis that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 10c
Permission was requested to advertise for bids for one 60-inch rotary mower and
two 80-inch rotary mowers for the Park Department.
Moved by Alderman Ryle that authority be granted to advertise for bids as requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 10d
Permission was requested to advertise for additional computer core storage and
disk drive. City Manager Gerald Fox presented the request, stating that response
time has been slowed down, and it is needed to support the needs and proposed improvements
to the accounting system. Gerald Carlson stated that he is not convinced that it
requires more core storage in the main computer unit. Pat Hamilton, Data Processing
Manager, stated that additional capacity is needed for storage because of the addition
of systems to the machine. He believes this additional core storage will be sufficient
for three to five years.
Moved by Alderman Bassett that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 11
Moved by Alderman Ryle that minutes of the meetings of the following boards and
commissions be received.
a. Traffic Commission - July 12, 1977
b. Planning Board - July 13, 1977
c. Board of Electrical Examiners - July 12, 1977
d. Plumbing Advisory Board - July 14, 1977
e. Citizens Traffic Safety Council - June 16 and July 6, 1977.
Motion seconded by Alderman Ashbrook.
Moved by Alderman McAlister that the Council go on record as strongly supporting
the policies used by the Planning Board in looking into matters that come before it.
Motion seconded by Alderman Ryle, and carried unanimously.
Discussion was held on the different options for Midwestern Park Addition in the
Planning Board minutes. Alderman McAlister stated that he wants to be sure that the
Planning Department does not take on anymore responsibility than what they have.
The motion to receive the minutes was carried unanimously.
Item 12a
Moved by Alderman Mathis that a public hearing on hazardous structures be held on
September 6, 1977.
Motion seconded by Alderman McAlister, and carried unanimously.
7Item 12b
The Tax Assessor-Collector presented tax accounts Nos. 284 through 547 totaling
13,563.34, which need to be adjusted for various reasons.
429
Item 12b, cont'd.
Moved by Alderman Mathis that tax adjustments be approved, as recommended.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 12c
The following appointments were made to various boards.
Moved by Alderman Mathis that J. I. Ginnings be appointed to the City-CountyHospitalBoardforatwo-year term to expire April 1, 1979.
Motion seconded by Alderman Ryle, and carried unanimously.
Moved by Alderman Bassett that the following appointments and reappointment bemadetotheMentalHealthMentalRetardationBoardofTrustees, with terms to expireJuly12, 1979.
a. Joe B. Meissner, Jr. - reappointed
b. Joe Fitts - appointed
c. Dr. Neal Holliman - appointed
d. Jim Hogan - appointed
e. Barry Huggins - appointed
Motion seconded by Alderman Ashbrook, and carried unanimously.
Moved by Alderman Bassett that Corty Sutton be appointed to the Data AccessControlBoardforanunexpiredtermuntilDecember31, 1977. (replacing BarbaraGlickman)
Motion seconded by Alderman Russell, and carried unanimously.
Moved by Alderman McAlister that action be deferred on Planning Board appointmentsuntilthenextmeeting.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 12d
Alderman Russell mentioned correspondence from Wayne Erickson regarding conversationbetweenMr. Lillard and Mr. Scott pertaining to paving a drainage ditch between WeeksandArlington, West of Hollandale. Mr. Lillard pointed out that McGrath Creek istheirnumberonepriority, and it will probably be another two or three months beforeitwillbefinished. He noted that this priority has not been conveyed in writingtoMr. Erickson, but by telephone. Alderman Ryle stated that perhaps we might considerthisproject, along with others, on a contract basis outside of city personnel, orifwecouldgooutforcontractonthisone? The City Manager stated that we would
need an additional appropriation.
Moved by Alderman Ryle that we advertise for bids if we have funds available.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman Ryle stated that he feels the Jaws of Life tool should be included in
our final budget this fiscal year. The City Manager stated that it is already on order,and is costing less than $5,000.
Alderman Ashbrook inquired what control we have over nursing homes in the City?v It was explained that we have none except for the kitchen facility and fire inspection.State and federal regulations took it over three years ago. He felt that perhaps weshouldcheckintoit.
City Attorney B. P. Hodge requested an executive session to discuss a law suit.
The Board of Aldermen adjourned at 3:00 P.j
PASSED AND APPROVED thisV2.746. day of _-.0' /_// y. 1977.
iv
t
MAYOR
ATTEST:
40er/
CITY CLERK
County Wichita eject Limits
Highway Loop 11 Account sue.
Iriac '.r Tract 151-''-E- 1
Being 1 .3361 acres of land, more or less , out of and a part of a 1 .4634 acre tract
in the David Welch Abstract No. 324, in Wichita County, Texas; said 1 .3361 acre
tract being the same land described in a deed from Nettie M. McPherson to The State
of Texas dated September 22, 1970, recorded in Volume 1086, Page 516, Deed Records
of Wichita County, Texas; said 1 .3361 of one acre of land, more or less, being
more particularly described by metes and bounds as follows:
COMMENCING at a point in the West ROW line of North Beverly Drive, said
point being S 0 59' 49" W a distance of 243.84 feet from the intersection of the
West ROW line of North Beverly Drive and the South ROW line of Belue Street, said
point also being the point of BEGINNING:
1 . ) THENCE N 78° 50' W along the South ROW line of an existing channel right
of way a distance of 434.98 feet to a point for corner, said point also
being in the northeasterly ROW line of existing Maurine Street;
2. ) THENCE northwesterly along the said ROW line of existing Maurine Street,
also being along the arc of a curve to the right whose radius is 522.96
feet, a distance of 20.6 feet to a point of tangency;
3. ) THENCE N 33° 31 ' W along the northeasterly ROW line of existing Maurine
Street a distance of 167 feet to a point for corner; said point being in
the east ROW line of Loop 11 ;
4. ) THENCE N 12° 28' E along the existing east ROW line of Loop 11 a distance
of 76.94 feet to a point for corner;
1-2
5. ) THENCE S 78° 50' E along a line 30 feet South of and parallel to the South ,
ROW line of Belue Street a distance of 100.03 feet to a point for corner;
6. ) .THENCE S 12° 28' W a distance of 36.78 feet to a point for corner;
7. ) THENCE S 33° 31 ' E a distance of 103.02 feet to a point for corner;
8. ) THENCE S 78° 50' E a distance of 345.38 feet to a point for corner, said
point also being in a line 30 feet west of and parallel to the west ROW
line of North Beverly Drive;
9. ) THENCE S 00° 59' 49" W along a line 30 feet west of and parallel to the
west ROW line of North Beverly Drive a distance of 88.13 feet to a point
for corner;
10. ) THENCE S 89° 00' 11 " E a distance of 30 feet to a point for corner;
11 . ) THENCE S 00° 59' 49" W a distance of 18.85 feet to the place of BEGINNING;
and containing 1 .3361 acres of land more or less.
2-2
r
S 00° 59149"W NORTH BEVERLY D ci.
I8.8 142.25 T
x ,
4.87
4
S 00°5'
91491
y
rm'*88.13 \N 00°59 49 E
aY
0°.
L-i. \
Y1
s ' ',„
do° \
i \\ — \
0
I-
1-- t0
10 \ \ \ Cf)\\ V
IT
LIJ N N. \
i42 z J w
1 r N Lj-1
J t° N N
co
cf) tqcji \ \ . N gl: 1
N\, 001 z 0
N.co o
r' ' 1Z
i ' Co
i. ;
co
1) C1/41\
81'3£
0
7zzO
0ZO 4,o\
4
DUKE CONCRETE CONSTRUCTION CO.
ZONOLITE CONCRETE AND TECTUM ROOF DECKS
2803 ARMORY ROAD TELEPHONE 767-4396
WICHITA FALLS, TEXAS 76302
July 20, 1977
Mr. Gerald Fox, City Manager
City of Wichita Falls
Re: Change order #1 , extra work at Hamilton Park
Tennis Courts Job.
Additional reinforced concrete slab:
538 sq. ft. :a $1.14 sq. ft. = $613.32 .
Thank you
t
AGREED TO AND ACCEPTED:
Gerald G. Fox,
City Manager