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Min 06/24/1980 75 Wichita Falls, Texas Memorial Auditorium Building June 24, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in called 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. Kenneth Hill Mayor John Hampton, Jr. Carol Russell Curtis Smith Aldermen James B. Thomas Horace 0. Boston H. P. Hodge, Jr. City Attorney and Acting City Manager Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Marvin Traywick Absent The invocation was given by Alderman Smith. Item 3 Moved by Alderman Russell that minutes of the meeting held June 17, 1980, be approved. Motion seconded by Alderman Boston, and carried unanimously. Al Myers appeared as Mayor of Olney, stating that two years ago they came V' before the Council because they had no water. Today they have water. They told the City at that time that they would do everything in their power to find a permanent water supply for the City of Olney. They formed a Young County Water Supply Corporation. Several sites were considered. They have narrowed it down to two sites, with the most likely spot near Breckenridge. They are talking about 40 million dollars and fifteen years to build a lake. He stated that they presently have a two or three year water supply at Olney. He officially requested a permanent water contract with the City of Wichita Falls. They will have to bear the cost of a permanent water line from Lake Cooper to either Lake Kickapoo, or as another alternative, to Graham. He understands that their contract with the City is a 7-year temporary contract. If their lakes become 80 percent full they cannot pump water from Wichita Falls, and the level has to be less than 50 percent before they can pump any water. They are willing to live with these temporary percentage provisions. He would like to extend that contract for whatever period of time they feel would be reasonable. They would like to install a permanent pipe line. Alderman Smith stated that he wonders if it is not time to look at the Ringgold site more seriously. Mr. Myers stated that they would not rule out the possibility that they would consider participation with Wichita Falls at the Ringgold site. Mayor Hill agreed with Alderman Smith. He stated that he feels they should perhaps go on a year to year basis with this water contract. Mr. Myers stated that they have been trying to take care of themselves, but they have a 10-12 year span. He does not feel that they will have the attitude that they will not need a water supply, other than with Wichita Falls. Alderman Hampton stated that he questions the engineering reports that we will have an adequate water supply into the next century, but the fact remains that our lakes are going down, and the boat docks are closing. He feels they should perhaps look at Graham for a water supply if they have sufficient water. We need to start planning ahead ourselves because our lakes are down. Alderman Hampton feels like he may have to put up with the temporary contract which he has with Wichita Falls. 76 Mr. Myers stated there are about thirty people in Wichita Falls raising hell about water. The average citizen and businessman does not care for them receiving water. Alderman Thomas endorsed what Alderman Smith said. It is a very important question for all the surrounding cities. He feels these thirty people might be satisfied if they all participated in a site at Ringgold by investment of munici- palities ' monies in a joint venture. Mayor Hill stated that he feels the Council should move the Ringgold site along. Olney's decision would be whether to go along with this, or go with a three-county area, or Young County. The Council requested a briefing from the City Manager on the next step in the Ringgold process. v Item 4a A proposed ordinance was presented extending the state of emergency. "ORDINANCE NO. 3686 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Thomas that Ordinance No. 3686 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays: None (Alderman Smith left the meeting. ) y% Item 4b The public hearing was opened on the 1980 Community Development Assessment Paving Program. Nathan Brown appeared regarding two pieces of property. He asked if the assess- ment was weighed on economics? Ernest Lillard, Director of Public Works, stated that it is weighed only on enhancement--not economics. Mr. Brown stated that he had been contacted by someone from the City of Wichita Falls to purchase a 90 X 4' strip of this land at 900 Mill Street for a penny a foot. Mr. Lillard stated they are only taking a narrow strip of land, and asked what the rest of the property is worth? They are talking about paving a whole block. Mr. Lillard stated that several property owners requested that Mill Street be paved. Mayor Hill stated that he has no doubt in his mind that paving would enhance the property in the amount of the assessment. Nathan Brown conferred with the City Attorney on property at 201 Maple. He asked Mr. Hodge for assistance in this presentation. City Attorney H. P. Hodge stated that according to Mr. Brown, the husband and father will not be in a position to help with this paving. This is an economic hardship on the family. Mayor Hill stated that he would not be in favor of skipping any portion of the paving because of an economic hardship. A lien will be placed against the property if payment is not made. Mr. Brown stated that the livelihood of the minors involved in this situation comes from social security and welfare. He wondered if there is some way that this family could be assisted in the event payment cannot be made. He stated that he holds the mortgage on the property. ' Maurice McGinty appeared regarding the paving of North loth Street. He stated that he would not object if he thought it would enchance the value of the property. This is at the back of his storage garages . Ernest Lillard stated that this is another of the streets that were petitioned to be paved. There are properties which front on loth Street, although some properties do not. Ten houses face that street. 77 Item 4b, cont'd. Hearline Wingfield, 1315 Mill Street, appeared regarding her property on East Second Street. She stated that she has a corner lot, and asked if the paving is for the front and side, too? Ernest Lillard stated that the paving is on East Second Street only by her property. Wayne Johnson, 113 Maple, stated that he is on the corner of Second and Maple, and the mud hole is in front of his house on Maple. The front of his property is what he is interested in. Ernest Lillard stated that they ran out of money, and had to eliminate part of the streets. There are four houses which face on Maple Street in the 100 block. All the other streets serve a greater number of people. Those which are taken off this year will be the number one priority next year. Mr. and Mrs. Recy Wright appeared on their property at 203 Liveoak. Mrs. Wright asked if all four of their lots would be paved? Mr. Lillard stated that they would be. Leon Hadnot, 202 Maple, asked if all three of his lots would be paved? Mr. Lillard stated that that portion of Maple Street is still in the paving program. Rebecca Williams, 112 Patterson stated that Patterson Street was paved last year by their church, and asked if they had to pay for East Second Street this year? It was confirmed that they have to pay for both sides. She also mentioned a building permit problem, but was referred to Mr. Lillard for a later conference. The public hearing was closed. ORDINANCE NO. 3687 ORDINANCE CLOSING HEARING AND LEVING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1980 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF 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 Hampton that Ordinance No. 3687 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Nays: None v Item 5a A request was made for a work boat for the Public Utilities Department. Alderman Thomas inquired why this boat is needed, and why we could not obtain more than one bid? He noted that $7,000 seemed excessive. He felt something was wrong. Joe Smith, Director of Public Utilities, stated that the boat is used on both Lakes Arrowhead and Kickapoo. It is used two or three times a month for carrying workers to the oil wells, and for drownings. Moved by Alderman Hampton that the resolution be approved, awarding the bid to Wichita Marine Company in the amount of $7,000 for the boat. Motion seconded by Alderman Boston, and failed by the following vote. 78 Item 5a, cont'd. Ayes: Mayor Hill and Alderman Hampton Nays : Aldermen Russell , Thomas , and Boston Item 5b Bids were considered on an estimated annual supply of 400 tons of liquid chlorine. Moved by Alderman Hampton that the low bid be awarded to AmerGas , Inc. , Fort Worth, in the amount of $218.90 per ton. Motion seconded by Alderman Russell , and carried unanimously. ✓Item 5c Bids were considered on two air compressors for the Street Department. Moved by Alderman Thomas that the low bid of Joy Manufacturing Company, Dallas, for the diesel powered unit, be accepted in the amount of $19,168.00. Motion seconded by Alderman Russell , and carried unanimously. Item 5d A proposed resolution was presented awarding the contract on the 1980 Street Reconstruction program. RESOLUTION NO. 2558 RESOLUTION AWARDING CONTRACT FOR 1980 STREET RECONSTRUCTION PROGRAM TO ZACK BURKETT COMPANY. WHEREAS, the City of Wichita Falls had advertised for bids for the construction of the 1980 Street Reconstruction Program; and, WHEREAS, two bids were received, and it is found that the bid of Zack Burkett Company in the amount of $631 ,291 .30 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Zack Burkett Company in the amount of $631 ,291 .30 is hereby accepted and the City Manager is authorized to execute a contract with Zack Burkett Company for the construction of such improvement. Moved by Alderman Thomas that Resolution No. 2558 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Nays: None Item 5e A proposed resolution was presented awarding the contract for the 1980 Seal Coat program. RESOLUTION NO. 2559 RESOLUTION AWARDING CONTRACT FOR 1980 SEAL COAT PROGRAM TO ZACK BURKETT COMPANY. WHEREAS, the City of Wichita Falls had advertised for bids for the construction of the 1980 Seal Coat Program; and, 79 Item 5e, cont'd. WHEREAS, two base bids were received, and one alternate bid, as called for in the specifications, was received, and it is found that the alternate bid of Zack Burkett Company in the amount of $99,000.00 was the best bid received, and should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said alternate bid of Zack Burkett Company in the amount of $99,000.00 is hereby accepted and the City Manager is authorized to execute a contract with Zack Burkett Company for the construction of such improvements . Moved by Alderman Thomas that Resolution No. 2559 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Nays : None Item 6a Moved by Alderman Thomas that authority be granted to advertise for playground equipment and shelters for various parks. Motion seconded by Alderman Boston, and carried unanimously. ✓'Item 6b Moved by Alderman Hampton that authority be granted to advertise for bids for construction of cabinets in the library. Motion seconded by Alderman Boston, and carried unanimously. Item 7 City Attorney H. P. Hodge stated that the Council had accepted the site on Parker Ranch Road to proceed with complete evaluation of that site for a landfill . They have also approved soil evaluation study. In order to do this, you have to go on the land to make a determination of the soil . It appears that we will not be able to get permission to go on the land to drill core holes, and it will be necessary to condemn this land in order to drill the core holes. We need to expedite the soil investigation, and the right-of-entry to drill the core holes. We have been given an appraisal by Jim Henderson, independent appraiser, of $50.00 for the soil investigation and necessary surveying. In the event this is refused, it is requested that the City Manager be directed, through the City Attorney's office, to file a condemnation suit. ✓ RESOLUTION NO. 2560 RESOLUTION FINDING AND DETERMINING NECESSITY FOR AND ORDERING THE ACQUISITION OF A RIGHT OF ENTRY LICENSE FOR CORE DRILLING AND SURVEYING FOR SITE INVESTIGATION OF PROPERTY FOR A SANITARY LANDFILL. WHEREAS, as the present sanitary landfill site utilized by the City of Wichita Falls will soon be exhausted, it is necessary that a new sanitary landfill site be acquired; and, WHEREAS, the site hereinafter described has been determined to be a proper site for such a landfill , subject to a site investigation to determine if the site will meet the technical requirements for a sanitary landfill as determined by the Texas Department of Health; and, WHEREAS, such technical investigation will require soil testing, and for such soil testing it will be necessary to drill nine holes, three and one-half inches in diameter, on the property hereinafter described; an independent appraiser has appraised the damages caused by such core holes to be $50. 80 Item 7 , cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The Board of Aldermen hereby finds and determines the necessity for the City to acquire a right of entry license for drilling nine core holes and surveying the following described tract of land lying in Wichita County, Texas, to wit: Being a tract of land out of Blocks 21 , 22, & 26 Southside Farms Subdivision, Abstract 241 Wichita County Texas being more particularly described as follows : Beginning at the Southeast corner of Block 26, Southside Farms Subdivision, the beginning point of this tract. Thence North 1000 feet along the East line of said Block 26. Thence West 4200 feet parallel to the South lines of Blocks 21 and 26 Southside Farms Subdivision. Thence South 2200 feet parallel to the East lines of Blocks 21 and 22 Southside Farms Subdivision. Thence East 1561 .2 feet parallel to the South line of Block 21 Southside Farms Subdivision. Thence North 1200 feet along the East line of Block 22 Southside Farms Subdivision to the Southwest corner of Block 26 and the Southeast corner of Block 21 Southside Farms Subdivision. Thence East 2638.8 feet along the south line of Block 26 Southside Farms Subdivision to the place of beginning and containing 139.4 acres of land more or less. SECTION 2. The value of $50 is hereby approved for this right of entry license, and the City Manager is authorized to purchase such right of entry license for this amount. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such right of entry license for more than this value in order to save the estimated cost of condemnation. SECTION 3. In the event the City Manager is unable to purchase such right of entry license for such value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such right of entry license in the name of the City of Wichita Falls. SECTION 4. Such right of entry license shall be for a period of 60 calendar days from the date of the award of Special Commissioners, in the event of condemnation. Moved by Alderman Hampton that Resolution No. 2560 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Nays: None Mayor Hill asked what sign is going up on Kemp and Hampstead? Alderman Russell also asked if the sign size does not exceed our regulations? Ernest Lillard stated that after the 25-foot setback, there are no restrictions on the size of the sign if it is structurally sound. City Attorney H. P. Hodge stated that his office is working on an ordinance to prohibit head gear sales in Wichita Falls. He hopes to have it at the next meeting. Several cities in the United States have adopted them. 81 The Board of Aldermen adjourned at 10:15 A.M. PASSED AND APPROVED this day of 1980. MAYOR ATTEST: CITY CLERK