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Min 11/20/1979 347 Wichita Falls, Texas Memorial Auditorium Building November 20, 1979 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock 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 Jack Dial , Evangel Temple Assembly of God Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held November 13, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Item 4a - 8d Items 5a-e were removed from the consent agenda. Moved by Alderman Hampton that Iters 4a - 8d, except Items 5a-e, be approved. Motion seconded by Alderman Thomas. Item 4a ORDINANCE NO. 3566 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF MCGAHA AVENUE BETWEEN LOT 12, BLOCK 68 AND LOT 1 , BLOCK 69 IN FAITH VILLAGE, UNIT II , AND RETAINING A FIFTEEN (15) FOOT UTILITY EASEMENT. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 4b v' ORDINANCE NO. 3567 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Adcock Nays: None Item Ga a RESOLUTION NO. 2428 RESOLUTION APPROVING PAYMENT AND ACCEPTING DEMOLITION OF BUILDINGS AND CLEARING AND 'CLEANING OF LOTS IN BLOCK 240 AND SOUTH 30' OF LOT 3, BLOCK 182 OF THE ORIGINAL TOWNSITE. 348 Item 6a, cont'd. WHEREAS, the City of Wichita Falls, as owner, and Denver Hawkins, Sam Mitchell , Tyler General Contractors, as Contractor, entered into a contract dated September 26, 1979, wherein said Contractor agreed to demolish buildings and clear and clean lots in Block 240 and South 30' of Lot 3, Block 182 of the Original Townsite; and, WHEREAS, said demolition and clearing and cleaning has been completed in accordance with the plans and specification; and, WHEREAS, the contract price for such work was $25,990.30, none of which has been paid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The demolition and clearing and cleaning of lots is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said Contractor the contract price of $25,990.30. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 6b ORDINANCE NO. 3568 ORDINANCE ACCEPTING IMPROVEMENTS OF SEVENTEEN (17) UNITS OF THE 1977 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NOS. 3264 AND 3394 DECLARING THE CONTRACT WITH ZACK BURKETT COMPANY, GRAHAM, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7a Authority was granted to advertise for bids for tennis court reconstruction at Weeks and Hamilton Parks, to include electrical , fencing, concrete sidewalks, and asphaltic color coating, and resurfacing of eight tennis courts at Hamilton Park with color coat. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7b Authority was granted to advertise for bids for construction of restroom and concession facilities at Williams, Loch Lomand, and Scotland Parks. ` Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7c Authority was granted to advertise for bids for construction of a parking lot at Loch Lomand Park. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7d Authority was granted to advertise for bids for Computer Management/Optimization techniques , procedure software programs and training materials. 349 Item 7d, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Zoning Comriission - October 31 , 1979 b. Traffic Safety Council - November 7, 1979 c. Board of Electrical Examiners - October 9, 1979 d. Mayor's Commission on Status of Women - November 1 , 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5a Alderman Thomas again voiced his concern with the fact that we are having so few bids on several of our bid requests. He wonders if we could possibly not accept a bid if we received only one? City Attorney H. P. Hodge stated that if we had a policy of not accepting one bid, it would sure put the one bidder in a untenable position because everyone else would know his price. City Manager Gerald Fox explained that we have some idea of what a good price is by previous bids. Alderman Thomas stated that it would be helpful if the Council had more information when they are called upon to make these decisions. Alderman Traywick voiced his concern over the fence companies. Six bids were requested, but only one responded. Alderman Hampton inquired concerning various pieces of equipment in our fleet. Ernest Lillard explained that there are only certain people who can make this equipment. We have to rely on the specifications for our protection in a bidding situation. Alderman Thomas is concerned with whether we are buying at 100 or 150 percent, not with whether the equipment is acceptable, because it probably is. Moved by Alderman Thomas that the bid for two 55,000 GVW front loading compactor trucks be awarded to Pak-More Manufacturing Company, San Antonio, in the amount of $123,464, and that the bid for three 31 ,000 GVW trucks with packers also be awarded to Pak-Mor Mianufacturing Company in the amount of $101 ,115. Motion seconded by Alderman Russell , and carried unanimously. Item 5b Moved by Alderman Thomas that the bid for a 1000 gallon per minute triple combination fire pumper be awarded to Fire Appliance Company of Texas, Wichita Falls , in the amount of $74,273.77. Motion seconded by Alderman Traywick, and carried unanimously. Item 5c A proposed resolution was presented awarding the bid to Ace Fence Company for fencing at Rosemont Cemetery and Weeks Park golf course. RESOLUTION NO. 2429 RESOLUTION ACCEPTING BID OF ACE FENCE COMPANY FOR CONSTRUCTION OF FENCING AT ROSEMNT CEMETERY AND WEEKS PARK GOLF COURSE. WHEREAS, the City has advertised for bids for the construction of fencing at Rosemont Cemetery and Weeks Park Golf Course; and, 350 Item 5c, cont'd. WHEREAS, one bid was received, it being from Ace Fence Company, in the amount of $15,950; and, the bid of Ace Fence Company was the only bid, and such bid is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The contract of Ace Fence Company for the construction of the above improvements is hereby accepted, and the City Manager is hereby authorized to execute a contract with Ace for the construction of such improvements. Moved by Alderman Adcock that Resolution No. 2429 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5e A proposed resolution was presented awarding the bid for airport roof repair. RESOLUTION NO. 2430 RESOLUTION ACCEPTING BID OF BUCHANAN CONSTRUCTION COMPANY FOR REPAIRS TO ROOF OF HANGAR NO. 1 AT MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls has advertised for bids for repairs to roof of Hangar No. 1 at Municipal Airport; and, WHEREAS, only one bid was received, that being the bid of Buchanan Construction Company in the amount of $28,910.00; WHEREAS, Buchanan Construction Company was the only bidder, and such bid was fair and reasonable. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Buchanan Construction Company for repairs to roof of Hangar No. 1 is hereby accepted, and the City Manager is authorized to execute a contract with Buchanan Construction Company for such improvements. Moved by Alderman Traywick that Resolution No. 2430 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5d A proposed resolution was presented awarding the bid for ball field fencing at Scotland and Hamilton Parks. RESOLUTION NO. 2431 RESOLUTION ACCEPTING BID OF ACE FENCE COMPANY FOR BALLFIELD FENCING AT SCOTLAND AND HAMILTON PARKS. WHEREAS, the City has advertised for bids for the construction of ballfield fencing at Scotland and Hamilton Parks; and, WHEREAS, only one bid was received, that being the bid of Ace Fence Company in the amount of $18,521 ; and, 351 Item 5d, cont'd. WHEREAS, Ace Fence Company was the only bidder, and such bid is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Ace Fence Company for the construction of ballfield fencing at Scotland and Hamilton Parks is hereby accepted, and the City Manager is authorized to execute a contract with Ace Fence Company for the construction of such improvements. Moved by Alderman Thomas that Resolution No. 2431 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item Sa Mayor Hill recognized Robert L. Meyers, Park Department, as Employee of the Month for November. He presented him with a plaque, and two tickets each to a theatre and dinner. Item 9b Arthur Beyer, Chairman of the Citizens Advisory Committee, presented a proposed capital improvements program recommendation, as follows. 1 . Storm Drainage Improvements - $ 3,000,000 2. Street Improvements - 2,000,000 3. Traffic Control Improvements - 350,000 4. Park Improvements - 1 ,550,000 5. Swimming Pool Construction - Kiwanis and Jalonic Parks 350,000 6. Recreation Center- Kiwanis Park - 975,000 7. Fire Substation and Equipment - 320,000 8. Kemp Libra r/ Renovation - 150,000 9. Police Station Renovation - 155,000 10. Central Services Complex - 2,500,000 11 . Municipal Court, Office Annex and Parking - 300,000 12. Sanitary Landfill - Land and Improvements - 550,000 12,200,000 The following water and sewer revenue improvements were also recommended, but would be sold as bonds, and not placed on a ballot. 1 . Water Main Extensions and Storage - $ 550,000 2. Water Plant Renovation - 1 ,350,000 3. Sanitary Sewer Extension - 940,000 4. Waste Water Treatment Plant Improvements - 160,000 000000 Alderman Hampton expressed the Council 's appreciation to all members of the Citizens Advisory Committee for their work on this program. Discussion was held on a date for the election to be held. A motion was made and seconded to hold the election on Saturday, January 26, 1980, but was later withdrawn. Alderman Traywick noted the extra expense of holding the bond election alone, and he also felt we would get a broader view of the people if it were held in April with other issues. Alderman Hampton felt that ;personalities might get 1 352 Item 9b, cont'd. involved if held with a general election. The Citizens Advisory Committee and City Manager Gerald Fox feels it would have a better chance of passing if it stands alone. The Council requested the City Manager to place this matter on the agenda for the next council meeting. Item 9c Russell Detwiler presented a petition from the residents of Bel Air Addition to prohibit drilling of oil wells in that area. He stated that the tanks are in violation of the Environmental Protective Agency. He stated that their organization has filed suit against the City in 78th District Court. He stated that the wells were there when he moved to that area. They made the assumption that it would be taken care of because the wells were in violation of city ordinances. He stated that he lives from one-half to two blocks away from the old wells. He stated that the new well which is about to be drilled cannot be more than 300 feet from his property. City Attorney H. P. Hodge, Jr. explained that the City staff does not have authority to deny a drilling permit. The application has been pending since last July. The oil operator and Mr. Dennis, developer, were negotiating to work out an agreement, but the negotiations have failed. Alderman Traywick inquired if we are in a position to take any legislative action while a suit is pending? The City Attorney stated that the wells were drilled outside the city limits. The area was later annexed, and he believes it would be grandfathered, or a non-conforming use situation. Alderman Hampton wondered who makes the decision on whether something is properly maintained? When it comes to safety, there can be some questions about it. Jack Banner appeared as Attorney for the citizens of Bel Air, stating that they have asked for the public health, safety, and welfare of them. He stated that the Council has full authority under their police power to require reasonable steps to be taken for public health, safety, and welfare. The Bel Air citizens request that the Council enforce the law which is now on the books. The stated that one well is 330 feet from the nearest house, and one is within 35 feet of one owner's bedroom. He stated that he saw children playing 50 to 60 feet away from a well . He presented pictures to the Council of the operation which they are concerned with. In spite of the fact that Mr. Lillard has told the operator that he is not in conformance with the ordinance, he still has not done anything about it. He stated that the Code of Ordinances provides that the Council can revoke any ordinance issued by the staff which they find inappropriate. The suit requests that the law be enforced and the permit cancelled until a determination can be made to see that there are no adverse conditions. Mayor Hill noted that the well was there before the house was built, which has a bedroom 35 feet from an oil well . Alderman Hampton noted that this is done in other places, and there must be some reasonable settlement. Jack Banner stated that it is inadvisable for the permit to be issued without a hearing. He requested the Council to utilize its powers under the Code of Ordinances until we have the kind of determination and hearing that this problem deserves. Rip Smith, President of the North Texas Home Builders, read a resolution from their association requesting enforcement of Ordinance No. 1666 concerning regulation of existing oil and gas wells, and refuse to issue any permits for the drilling of additional oil and gas wells within the city limits. Clyde Fillmore, Attorney for C.W.L. Dennis, stated that Mr. Dennis has market value in lots totaling one-half million dollars. The City has only one way to grow, and that is to the Southwest, and some in the Northwest. They are asking that there be no permits issued, and that the one recently issued be cancelled so they can go into District Court on an even basis. He stated that Courts have held that when an area is annexed, it must abide by the ordinances of the city. The Council has the right under their police protection to prohibit any more drilling. Mayor Hill stated that he would like to see the cases which he has referred to. It was noted that the brief has been furnished to the City Attorney. Mr. Fillmore requested immediate action in revoking the permit. 353 Item 9c, cont'd. Lonnie Morrison appeared as Attorney for the West Company, owners of the oil and gas lease in question. The only word that has been said about dominant rights has been said by Mayor Hill , not the lawyers. A mineral owner has a dominant right to the use of the surface to the extent reasonably necessary to fully explore and secure the minerals. For more than a year Mr. Dennis attempted to negotiate a resolution of controversy, and that negotiations provided for the drilling of two new wells in the Bel Air Addition. Mr. Dennis purchased the property in 1961 . At that time the four wells were oil producing. He has accelerated the development of the area. Yesterday there was a curb cut closer to those wells than any others. Deeds state that rights are subject to the oil and gas lease. If some of the wells are not in compliance with the ordinance, it is unapplicable because they were there before the land was taken into the city limits. He stated that the cases Mr. Fillmore mentioned don't deal with the kinds of problems they have. The West Company fenced Well No. 4. They went to Well No. 2, put posts in ground, cemented the posts, and went to Well No. 1 and put the posts in. Dub Dennis pulled the posts out of the wet concrete. This is the reason for the controversy. The West Company wants to fence the wells, but it is a matter of how much they can fence in order to continue their operations in the fenced area. Mr. Dennis went into Well area No. 4, took down the fence, and relocated it without contacting anyone. Mr. Morrison stated that the City should not interfere with these two parties. In court, the only reason they gave for not allowing -the West Company to drill was because they did not have a permit. They now have a permit. There are dominant rights of oil and gas leases, and rights of the homeowners. Mr. Dennis continues to assault those wells by continuing to build. Mr. Morrison stated that the West Company has enjoined Mr. Dennis from constructing any new homes in the area of their new well . He went out and laid three slabs within a few feet of these wells. If the Council withdraws the permit, it will deprive the West Company of any opportunity for a fair hearing. There is a hearing at 2:00 o'clock today by the West Company and Mr. Dennis. Alderman Thomas inquired if the West Company would be willing not to drill or take other action prior to next Tuesday, and they stated that they would comply with that request. Alderman Adcock noted that Mr. Morrison did not address the pipes on top of the ground, the gas pumps, etc. Ernest Lillard, Director of Public Works, stated that his letter to the West Company included fencing and electrification of the motors. cr. Morrison stated that Wells No. One and No. Three are in a totally isolated area. In 1977, Wells Nos. Two and Four had houses within a few hundred feet. The City has never requested burial of these lines. The cost of electrifying the present wells is substantial . They do not intend to electrify the present wells at this time. The Council should not decide when an ordinance becomes applicable after property has been taken into the city limits. The Court should do that. They are asking the Council to make a decision that is judicial in nature when a Court should be making it. Moved by Alderman Thomas that we pass this matter until next Tuesday, based on the agreement of the West Company not to drill before that time. Motion seconded by Alderman Hampton. Jack Banner stated that the homeowners have not been a party to those proceedings. Where can they come except to the City government for protection of their safety, health, and welfare. The people are without any knowledge of what is going on. The City Manager stated that this body must look to its legal advice, and we have to be within the bounds of the law. City Attorney H. P. Hodge, Jr. stated that it has been his position that any phase of the ordinance which is retroactive cannot be enforced by the City. Dub Dennis stated that one of the reasons this matter has come to a head is that on August 1 , 1978, Mr. Lillard acknowledged the request of the West Company for a permit. A hearing was set, but was later postponed. A hearing should have been held before a permit was issued. He felt the Council should make a decision on what the people of Bel Air have asked them to do. He believes one day this ordinance will have to be enforced. He stated that he put electrical lines to Wells Two and Four, but the work has not been done. This development has gone on since 1961 . It has not been accelerated. This work has been in process for a long time. The original suit filed against him showed the two oil wells in different locations to what they are proposed now. He showed a plat of the area, and stated that all four wells were going to be fenced together, 354 Item 9c, cont'd. which would have cut his development in half. That is when he stepped in and pulled out the posts. The motion was carried unanimously. The Council directed that this matter be placed on the agenda next week. Alderman Adcock suggested a new ordinance which would require better enforcement. The Board of Aldermen recessed from 11 :35 to 11 :45. Item l0a The 1979 annexation program was discussed. ' Lonny Morrison, Attorney, represented property owners in Tract 5. He requested that Tract 5 be deleted from the annexation ordinance. Mr. Morrison stated that the City has a published policy guideline for annexation of property. This annexation would not maintain the City in the form of a square. It does not follow recognizable physical boundaries. It is not being annexed in advance of development. Annexation of this property would not encourage industrial growth in this area. This area has a water supply, individual security, and fire protection which they have developed on their own for these inhabitants. Many of the employees who work in those businesses, and almost all of the owners of the businesses, live within the City of Wichita Falls, and are taxed there. These businesses do not obtain vital city services. They primarily contribute and serve the City of Wichita Falls, as opposed to taking from the City. They contribute to the City of Wichita Falls in payrolls and economic stability. The City Council should follow the advice of the Planning Board in matters of annexation unless there is some compelling reason why they should not. Mr. Morrison stated that the City can limit the use of its water any way they choose. He does not believe they will see the elongated finger all the way to Scotland. Mayor Hill stated that if we don't annex this area we are encouraging all kinds of building outside, rather than inside, the City. How can we control the growth of our city if we don't reach out. Alderman Traywick stated that we need to honor the report of the Planning Board. Alderman Adcock stated that in this particular situation they expect to see some more development in that area before they are taken into the city limits. They will have good reason to request annexation when more development has taken place out there. Alderman Smith stated that he feels annexation is premature on this location. ORDINANCE NO. 3569 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Smith that Ordinance No. 3569 be introduced, eliminating Tract 5 from the annexation program. Motion seconded by Alderman Adcock. Alderman Hampton stated that the Planning Board studies annexation programs each year, and they have recommended that Tract 5 not be annexed this year. He believes that we should follow the sound advice of our commissions. Alderman Thomas stated that if Scotland were not selling water to those people, their attitude toward being annexed would be changed. He feels we should give consideration to modifying the use of this water when water contracts are studied. The motion was carried by the following vote. Ayes: Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: Mayor Hill 355 Item 10b Consideration was given to requiring pre-fabricated or modular homes to meet all requirements of the electrical code of the City, as well as the National electrical code, when constructed on site. City Attorney H. P. Hodge, Jr. stated that a law has been passed, effective January 1 , 1980, which will take this out of the cities ' hands. ORDINANCE NO. 3570 ORDINANCE REPEALING ORDINANCE NO. 3453, WHICH ALLOWED PREFABRICATED OR MODULAR HOMES IN THE CITY OF WICHITA FALLS WHEN THEY MEET OR EXCEED CERTAIN CODES. Moved by Alderman Thomas that Ordinance No. 3570 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item lla A proposed resolution was presented approving appraisal and authorizing purchase of property for Midtown 2000 improvement. RESOLUTION NO. 2432 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN 2000 PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such properties have been appraised by independent appraisers employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls , Texas: MIDTOWN IMPROVEMENT PROJECT Lots 1 and 2 less the 30' X 90' Northwest corner and all of Lots 3, 6, and 7, Block 177, Original Townsite of Wichita Falls, Wichita County, Texas. Lot 5, Block 177, Original Townsite of Wichita Falls, Wichita County, Texas. Lot 4, Block 177, Original Townsite of Wichita Falls, Wichita County, Texas. The total of values approved in this resolution---------------------$32,370.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deeds and/or Quit Claim Deeds such tracts of land in the name of the City of Wichita Falls, Texas. The authorized prices to be paid for such tracts are the values as determined by the appraisals 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 properties 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 356 Item Ila, cont'd. 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 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. 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 properties for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Thomas that Resolution No. 2432 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 12a Bids were considered on mowing equipment for the Golf, Cemetery, and Parks Divisions. It was recommended that bids be awarded as follows. Moved by Alderman Thomas that the following bids be awarded, as recommended. 1 . Goldthwaites of Texas - Fort Worth a. Two 44" rotary mowers - $ 5,400.00 b. Three 72" rotary mowers - 17,550.00 c. One 84" reel mower - 8,195.00 d. One greens mower - 4,875.00 e. Two 7 blade reels - 1 ,472.50 2. Watson Distributing Company - Dallas a. One 60" rotary mower $ 724.00 b. One fertilizer spreader 886.00 3. Colonial Motor Company - Dallas a. One 80" rotary mower $1 ,940.00 Motion seconded by Alderman Smith, and carried unanimously. Item 12b It was recommended that bids be awarded as follows for utility tractors for Parks Division. 1 . Case Equipment Company - Wichita Falls a. Utility tractor with front end loader - $10,022.25 2. John's Tractor and Gas Company - Wichita Falls a. Utility tractor - $7,333.50 Moved by Alderman Thomas that bids be awarded, as recommended. Motion seconded by Alderman Russell , and carried unanimously. Item 12c It was recommended that the low bid meeting specifications be awarded to C and R Construction and Management Company, in the amount of $55,250.00, for reconstruction of monuments at Rosemont Cemetery. 357 Item 12c, cont'd. ✓RESOLUTION NO. 2433 RESOLUTION ACCEPTING BID OF C & R CONSTRUCTION & MANAGEMENT COMPANY FOR RECONSTRUCTION AND RESETTING MONUMENTS AT ROSEMONT CEMETERY. WHEREAS, the City of Wichita Falls advertised for bids for reconstruction and resetting of monuments at Rosemont Cemetery, which was made necessary by the April 10 tornado; and, WHEREAS, three bids were timely received, and two of these bidders failed to furnish the required bid bonds; and, WHEREAS, bid of C & R Construction & Management Company was the only bid meeting the bidding requirements, and its bid in the amount of $55,250 is a fair and reasonable bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The bid of C & R Construction & Management Company for reconstruction and resetting of Monuments at Rosemont Cemetery is hereby accepted, and the City Manager is authorized to execute a contract with C & R Construction & Management Company for such work. Moved by Alderman Smith that Resolution No. 2433 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 12d A proposed resolution was presented awarding the bid for construction of a concrete box culvert and wingwall on Kemp Boulevard at Montgomery Place. 'RESOLUTION NO. 2434 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF A CONCRETE BOX CULVERT AND WING WALL ON KEMP BOULEVARD AT MONTGOMERY PLACE. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a concrete box culvert and wing wall on Kemp Boulevard at Montgomery Place; and WHEREAS, two bids were received and said bid submitted by Timmins and Anderson Corporation in the amount of $30,712.50 was the low bid received, and it is found that said bid is fair and responsible and should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Timmins and Anderson Corporation in the amount of $30,712.50 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins and Anderson Corporation for the construction of such improvements. Moved by Alderman Thomas that Resolution No. 2434 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 358 Item 13a Moved by Alderman Thomas that Gene Probst be appointed to the Plumbing Advisory Board to fill the unexpired term of Dewey Nicholson until May 23, 1980. Motion seconded by Alderman Traywick, and carried unanimously. The Board of Aldermen adjourned at 1 :05 P.M. PASSED AND APPROVED this 41, day of 1979. MAYOR ATTEST: CITY CLERK