Loading...
Min 03/11/1980 451 Wichita Falls , Texas Memorial Auditorium Building March 11 , 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 Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Robert Haley Assistant City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Alderman Adcock. Item 3 Moved by Alderman Adcock that minutes of the meeting held March 4, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3627 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3627 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 4b A proposed ordinance was presented determining the necessity and requesting advertisement of bids for the 1980 Community Development Block Grant Assessment Paving Program. ORDINANCE NO. 3628 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1980 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICA- TIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Hampton that Ordinance No. 3628 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. 452 , Item 4b, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5a A proposed resolution was presented authorizing lease of property in Depot Square to Wichita County Heritage Society. RESOLUTION NO. 2473 RESOLUTION APPROVING LEASE OF LAND IN DEPOT SQUARE TO WICHITA COUNTY HERITAGE SOCIETY FOR BURKBURNETT RAILROAD DEPOT BUILDING. 44, THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain lease, a copy of which is attached hereto, to the Wichita County Heritage Society of part of Lots 1 and 2, Block 177, Original Townsite for location of the Burkburnett railroad depot building is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Russell that Resolution No. 2473 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 5b A proposed resolution was presented authorizing consultant contract for Historical District General Development Plan. RESOLUTION NO. 2474 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH RICHARD MYCUE & ASSOCIATES FOR TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF A GENERAL DEVELOPMENT PLAN FOR THE DEPOT SQUARE HISTORIC DISTRICT. WHEREAS, the City of Wichita Falls, through its Design Review Commission, encourages the redevelopment and revitalization of the City through the restoration of historical landmarks and districts within the City; and, WHEREAS, the Consultant Selection Committee has recommended that a professional services contract be executed with Richard Mycue & Associates for technical assistance in the development of a General Development Plan for the Depot Square Historic District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is hereby authorized to execute a professional contract in an amount not to exceed fifty-five thousand dollars ($55,000) with Richard Mycue & Associates for the rendering of professional services in connection with the development of a General Development Plan for the Depot Square Historic District contingent upon: (a) Final approval of a grant award from the Texas Historical Commission in the amount of fifteen thousand dollars ($15,000) ; and, (b) The proposed contract being approved by the Texas Historical Commission. SECTION 2. The City Manager is authorized to request any additional information and material that may be required in connection with the development of the General Development Plan. \453 Item 5b, cont'd. Moved by Alderman Adcock that Resolution No. 2474 be passed. Motion seconded by Alderman Hampton. Director of Planning Roger McKinney explained the procedure used for selection of a consultant. They chose the one they felt best to do the basic job. He assumes they can reduce the scope of work in some of the area to come within the $55,000. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 5c A proposed resolution was presented approving purchase of right-of-way for a portion of the 1980 Community Development Block Grant Assessment Paving Program. RESOLUTION NO. 2475 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR THE 1980 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the 1980 Community Development Assessment Paving Program, and, WHEREAS, such properties have been appraised by an appraiser employed by the City of Wichita Falls and the amounts of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in 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 are as follows: 1980 Community Development Assessment Paving Program E. 4' of Lot 5 and 6, Block 159, Original Townsite, Wichita Falls, Texas E. 4' of Lot 6 and 7, Block 159 Original Townsite, Wichita Falls, Texas . Block 180, Tract of land out of J. A. Scott Survey No. 15, Abstract 307, Vol . 1151 , Pg. 539. Tract of land out of J. A. Scott Survey No. 15, Abstract 307, Vol . 670, Page 435 Total Values approved in this resolution---------------------------$446.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls , by Warranty Deed such tracts of land as are shown on the project right- of-way map. The authorized price to be paid for such tracts are the values as determined from the appraisals made by the real estate appraiser employed by the City of Wichita Falls . Section No. 3 In the event the City Manager is unable to purchase and such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2475 be passed. 454 Item 5c, cont'd. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Alderman Thomas explained that $45,000 had been anticipated for the Activities Center for the first quarter. Now it looks like it will be closer to $125,000. The first quarter showed a deficit of $2,423.00, which they felt was reasonable under the circumstances. Mayor Hill stated that he is very concerned with the Holliday Creek project. He does not believe that people understand the amount of money we are talking about. He does not believe they understand that all work has to be done according to the rules and regulations of the State. He does not believe they have been given this information. He would like the staff to gather this information to see how ex- pensive it would be, and how it would break our backs if we had to pay the entire amount. Alderman Hampton was in complete agreement. He feels the people have been mis- lead by a misrepresentation of the facts. Alderman Traywick stated this is probably the poorest and most ill-conceived timing petition which has been presented to the City of Wichita Falls. It is imperative that we tell the story. A group of peti- tioners have already been to Washington lobbying against the Corps of Engineers' project. Under the plan of the Corps, they would pay 80 percent, the State 5 percent, and the City 15 percent. Alderman Smith stated that not only are they lobbying against the project, the facts and figures which they are quoting have no basis of fact. He feels they are doing a great disservice to our citizens. Alderman Traywick encouraged the local media to cover the engineers ' meeting tonight with the Corps. Mayor Hill stated that the petitioners would have us believe that the Holliday Creek is encroaching on their houses, but the people bought property there with full knowledge that the Creek was there in their back door. Ten percent of the people want ninety percent of the people to bail them out the way they want them to instead of the way we want to. Surely they would want us to do it so that it will cost less. Alderman Thomas stated that the Corps of Engineers will never do this the way they are asking. Now they are lobbying against their project. Alderman Hampton stated that some of the people involved in that committee are out for personal gain. They are using the citizens in that area to play on the sympathy of the citizens of Wichita Falls. Some of these people are not residents of the City of Wichita Falls. He feels it is time for the facts to come out. The Council is concerned with this , and they will do whatever they can to solve this situation. Certain people are behind this petition that do not want the spillway lowered four feet, and they feel it will affect the value of their property on Lake Wichita. It is time for the citizens of Wichita Falls to know this. They are using the people along Holliday Creek. It boils down to what the citizens of Wichita Falls will be willing to give up if they vote for this proposal . Alderman Russell stated that what seems to be leading the way at this point is the emotional matter of sympathy. This will have to be extended to every citizen of Wichita Falls. The Council would like to see it completed in the best way, and the best way seems to be the project of the Corps of Engineers. Alderman Adcock warned that if the petitioners ' proposal passes , it will create the biggest tax increase for the citizens of Wichita Falls that they have ever seen, in order to do it. 455 Alderman Smith stated that Interfaith Disaster Committee has brought to attention the acute housing situation in the lower income people. There is not enough money to go around. There are 200 or so residents who have no place to go, and no place to turn to. They are investigating the possibility of forming a separate housing authority to investigate other federal programs. If this indeed does become a reality, he would like the Council to furnish some seed money to get this program started. Mayor Hill stated that he believes the Council would be willing to do everything they can which is legal and feasible to help these people. The Board of Aldermen adjourned at 9:05 A.M. PASSED AND APPROVED this -�day of 1980. t MAYOR ATTEST: CITY CLERK STATE OF TEXAS COUNTY OF WICHITA This lease made and entered into this the day of March, 1980, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and the Wichita County Heritage Society hereinafter called "Society" , WITNESSETH: For and in consideration of the covenants and agreements hereinafter contained, City hereby leases to Society that certain tract of land in Wichita Falls, Wichita County, Texas, described as follows: All of Lots 1 and 2, Block 177, Original Townsite, save and accept the following tract of land: Beginning at the northwest corner of Lot 1, Block 177; thence east with the north line of Lot 1, a distance of 30 feet; thence south parallel with the west line of Lots 1 and 2 a distance of 90 feet to a point 10 feet from the south line of Lot 2; thence west parallel with the south line of Lot 2 and 10 feet there- from, a distance of 30 feet to a point in the west line of Lot 2; thence north with the west line of Lots 2 and 1 a distance of 90 feet to the place of beg- inning. 1. Society shall locate on the leased premises the Burkburnett railroad depot building. It is understood that Society may use part of the building for their offices, and may rent out other space in the building for shops, offices, and other related purposes. 2. The term of this lease shall be for a period of 30 years, commencing March , 1980. 3. Society shall pay to City as rental for this lease the sum of $1. 00 per year which shall be payable annually in advance. 4. Society shall have the right to terminate this lease at any time by giving City 90 days written notice of their intention to do so. 5. In the event that such railroad depot building should cease to have historical significance, and the title to such building become vested in someone other than Society, then this lease shall terminate, and Society shall remove the building from the leased premises. 6. It shall be the responsibility of Society to maintain the leased premises in accordance with applicable codes. Society shall maintain such leased premises and the depot building in an attractive condition, and shall keep such premises clean and free from trash and other offensive objects. 7. City shall never be liable for any claim for damages to person or property which may occur on the leased premises during the term of this lease, and Society shall hold City harmless from any such claims for damages . 8. Society shall not assign this lease nor sublease the leased premises without the prior written consent of City; however, Society may rent out space in the building without consent of City. Society shall keep City informed of the identity of all such tenants in the building. 9. In the event of the breach of any of the covenants herein by Society, which breach is not cured by Society within 60 days after notification in writing by City of such breach, City shall have the right to terminate the lease. IN WITNESS WHEREOF, City and Society have caused these presents to be executed the day and year set out above. CITY OF WICHITA FALLS BY: Gerald G. Fox City Manager ATTEST: City Clerk WICHITA COUNTY HERITAGE SOCIETY BY: President ATTEST: Secretary