Loading...
Min 05/01/1973 744 Wichita Falls, Texas Memorial Auditorium Building May 1, 1973 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 10:00 o'clock A.M. , with the following members present: J. Winston Wallander Mayor Harry Campsey Lonny D. Morrison X Willard Still Aldermen J. C. Boyd, Jr. Mrs. Peggy McCullough X I Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison E. Taylor Absent The invocation was given by Alderman Still. Item 3 Moved by Alderman Campsey that the minutes of the meeting held April 17, 1973, be approved. Motion seconded by Alderman Boyd, and carried unanimously. j C Item 4 The public hearing was opened on hazardous structures. Mrs. Aurora G. Luera appeared regarding her property at 311, 329, and 331 Lake. She stated that this property was left to her and her six children by her parents. She protested that she cannot afford to make the necessary improvements to the properties. She plans to move the buildings on the property at 329 Lake, and demolish the buildings on the property at 311 and 331 Lake. She explained that she has been ill for some time, and has no one to help her at this time. Preston McBee noted that she recognizes that these structures need to be demolished, and she is cooperating in this respect. He recommended that she be granted a 90-day extension in which to do this work. He pointed out that at least one of the prop- erties will be in the Kell right-of-way. Mayor Wallander explained to Mrs. Luera that the Council is granting the 90-day extension. Mrs. Jackie B. Russell 's daughter appeared, stating that her mother is using this house, located at 801 Loop 165, for storage purposes. Mr. McBee stated that, in his opinion, the house is not repairable and recommended a 90-day extension. She explained that she would repair the structure if granted the extension. The Council granted the extension. H. G. Smith appeared regarding the property at 200 North Burnett. He desires to repair and restore the structure. Mr. McBee noted that with enough time and money, perhaps any structure might be repairable, and recommended a 90-day extension. The Council granted the extension. Betty Wheaton appeared regarding the property at 1102 Flood. Mr. McBee stated that there are six structures on this lot. He believes they should be demolished since they have been setting idle for so long. Mrs. Wheaton explained that her father deeded this property to his children. She has turned it over to a realtor for disposal. They plan to demolish these structures. She requested a 90-day extension to enable the realtor to have more time to dispose of it. 745 Item 4, cont 'd. ORDINANCE NO. 2789 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved b Alderman Campsey that Ordinance No. 2789 be Y P Y passed, with the four exceptions granted. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 5a A proposed revenue sharing appropriation ordinance was presented for Lake Diversion Spillway and Lake Wichita Dam projects. Alderman Boyd credited Alderman Campsey with the hard-work he has exhibited in reducing the original estimated cost from $837,000 to just over $600,000. ORDINANCE NO. 2790 ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2790 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 6a A proposed ordinance was presented approving the contract with Timmins- Anderson Corporation in the amount of $96,465.00 for the 1973 Reconstruction Program, and setting the date of the public hearing on June 5, 1973, at 10:00 A.M. J 'J c, ORDINANCE NO. 2791 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A PORTION OF THE 1973 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION, FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND 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 AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2791 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 6b A proposed ordinance was presented deleting two units from the 1973 Assessment Paving Program. ORDINANCE NO. 2792 AN ORDINANCE ABANDONING THE CONSTRUCTION OF IMPROVEMENTS ON PORTIONS OF 746 Item 6b, cont'd. STREETS AT LOCATIONS OUT OF THE 1973 ASSESSMENT PAVING PROGRAM, DELETING SAME FROM CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS , TEXAS; AND CANCELLING THE ASSESSMENT LIENS LEVIED AGAINST ABUTTING PROPERTIES. Moved by Alderman Boyd that Ordinance No. 2792 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. ! Item 6c A proposed ordinance was presented amending the plumbing code to include a provision inadverently omitted. ORDINANCE NO. 2793 AN ORDINANCE AMENDING SECTION 102-5 OF ORDINANCE 2733, THE PLUMBING CODE, TO PROVIDE FOR A LICENSED JOURNEYMAN PLUMBER ON THE PLUMBING ADVISORY BOARD. Moved by Alderwoman McCullough that Ordinance No. 2793 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 6d A proposed ordinance was presented releasing an easement in Colonial Park Addition to C. B. Christie, Jr. ORDINANCE NO. 2794 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A FIFTEEN FOOT STRIP OF RIGHT-OF-WAY ADJACENT TO LOT 12, BLOCK 11, SECTION B, COLONIAL PARK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2794 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 6e A proposed ordinance was presented extending the City limits on the raw t " water transmission line to Lake Arrowhead. t � ORDINANCE NO. 2780 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 ORD- INANCE. / Moved by Alderman Boyd that Ordinance No. 2780 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. 747 t � Item 7a A proposed resolution was presented authorizing the City Manager to transfer property to the Texas Highway Department on Kell right-of-way. RESOLUTION NO. 1413 RESOLUTION APPROVING QUIT CLAIM TO STATE OF TEXAS OF TRACTS OF LAND ACQUIRED FOR KELL FREEWAY. WHEREAS, heretofore, in Cause No. C-59-A, State of Texas, et al v. Richard D. Mason, et ux, District Court of Wichita County, Texas, the City of Wichita Falls acquired title to a tract of land consisting of a part of Lots 19 and 20, in Block 23 of the Jalonic Addition in Wichita Falls, containing 5,230.8 square feet of land, more or less, which tract is more fully described in the judgment in said cause which is recorded in Volume 1134, Page 639, Deed Records of Wichita County, Texas , to which reference is here made for a more complete description; and, WHEREAS, heretofore, in Cause No. 11,305, State of Texas , et al v. 011ie M. Barrick Lancaster, Wichita County Court, the City of Wichita Falls acquired title to a tract of land out of Blocks 2 and 3 of the S. R. Ludolphus Subdivision of part of the William Mayer Survey, Abstract No. 193, in Wichita County, Texas, con- taining 0.883 acre of land, more or less, which tract is more fully described in the judgment in said cause which is recorded in Volume 1134, Page 721, Deed Re- cords of Wichita County, Texas, to which reference is here made for a more com- plete description; and, WHEREAS, these tracts were acquired for part of the right-of-way for Kell Freeway, and the State of Texas will reimburse the City 50% of the cost of acquir- ing such land when the City quit claims such tracts to the State of Texas. 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 execute and deliver for the City of Wichita Falls quit claim deeds covering the tracts of land above described to the State of Texas, for the consideration above recited. Moved by Alderman Still that Resolution No. 1413 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 7b ., A proposed resolution was presented approving a contract with the Texas High- way Department on expressway lighting. RESOLUTION NO. 1414 RESOLUTION APPROVING AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT CONCERNING SAFETY LIGHTING SYSTEMS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain agreement, a copy of which is attached hereto, between the State of Texas, acting through the Texas Highway Department and the City of Wichita Falls, Texas, providing for the construction, maintenance, and operation of safety lighting systems within Wichita Falls , is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Campsey that Resolution No. 1414 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Boyd, and McCullough Nays : None. 748 Item 7c A proposed resolution was requested by Colonel George E. Dexter in a .letter to Mayor Wallander endorsing the ROTC program. i RESOLUTION NO. 1415 ! WHEREAS, It has since the beginning of our existence as a nation been funda- mental that the security of the United States depends on the individual 's accept- ance of the responsibilities of active citizenship, including the contribution of a person's talents, leadership and service in the defense of our nation; and WHEREAS, The Reserve Officers ' Training Corps, or ROTC, has for many years served as the training ground for the military officers who lead our military services in times of conflict and who train and maintain our modern combat-ready reserve forces; and WHEREAS, The Reserve Officers ' Training Corps has throughout its long and glorious history proved to be one of the most successful and critically important programs ever developed and implemented by the United States; and i WHEREAS, The idea of providing military training to college men was first approved by the United States Congress when it passed the Land-Grant Act of 1862 providing for the sale of government lands to establish colleges and universities and requiring these land-grant institutions to teach agriculture, the mechanic arts and other scientific and classic studies including military tactics ; at least 1,345 officers from land-grant schools served on active duty during the Spanish-American War; and WHEREAS, The ROTC program in civilian colleges and universities was officially established by the National Defense Act of 1916; prompted by the fighting of World War I in Europe, the National Defense Act of 1916 established an Officers ' Reserve Corps to be composed of men prepared through a Reserve Officers' Training Corps; most of the 90,000 members of the Officers ' Training Corps who served on active duty in World War I received their military instruction in the ROTC in civilian institutions ; and WHEREAS, The true value of the ROTC program and the high quality of officers it produces were dramatically shown by World War II; during the rapid build up of military forces in 1941, over 50,000 ROTC officers were called to active duty allowing an otherwise impossible expansion of forces to be accomplished during one of the most critical times in United States history; well over 100,000 ROTC graduates served as commissioned officers during World War II, many times more than the number of officers commissioned from the nation's military academies; and WHEREAS, The ROTC program of today continues to provide the armed forces of our country with the well trained and responsible leaders which they need to protect the security of our nation; and WHEREAS, The Reserve Officers ' Training Corps is not only an indispensable Iand major source of military officers but it is recognized as much more; it pro- vides the nation with citizen-soldiers who serve their nation in the finest tradition of service to one's country by contributing time and energy to the reserve forces of the nation; and WHEREAS, The ROTC program and the qualities which it teaches and instills in its cadets and midshipmen have proved beyond any doubt to be of inestimable value to the cadets and midshipmen themselves in their civilian careers ; approximately four percent of all college male graduates today have had the benefit of ROTC, but this relatively small group has produced 23 percent of the men who earn over $100,000 annually, 16 percent of our state governors, 24 percent of our senators and 16 percent of our congressmen; and WHEREAS , American business and industry recognize the greater potential of ROTC graduates, and many companies have established preferences for ROTC graduates; a substantial percentage of doctors, lawyers and other professional persons have also had the benefit of ROTC training; and WHEREAS, The ROTC program also enables numerous students , who would otherwise be unable to attend college or who would be forced to discontinue their education due to financial difficulties , to obtain a college degree through the ROTC Scholar- I 749 Item 7c, cont'd. ship program; at the present time, 19,000 scholarships are given to deserving cadets and midshipmen across the nation annually; these scholarships pay for all academic expenses, except room and board, and pay an additional $100 tax-free stipend for up to ten months of each scholastic year; and WHEREAS, The Reserve Officers ' Training Corps offers to the young men and , woman of the United States a unique opportunity to serve their country and to acquire skills, discipline, responsibility and leadership ability which will qualify them for outstanding job opportunities in civilian life; and WHEREAS, It is greatly important that the Reserve Officers ' Training Corps be given the fullest support possible by the citizenry of the United States as one of the most effective programs available which benefits the nation and strength- ens the youth of America today; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT; By this Resolution the City of Wichita Falls staunchly supports the Reserve Officers ' Training Corps as the strongest link in the traditional role of the citizen-soldier in this country and as one of the most outstanding programs for producing military officers and future leaders for our nation; and, BE IT FURTHER RESOLVED, That the City of Wichita Falls strongly recommends to all college and university students that they take advantage of the tremendous opportunity for training and achievement which the Reserve Officers ' Training Corps presents. Moved by Alderman Boyd that Resolution No. 1415 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 7d A proposed resolution was presented conveying the Rose Street property to the Mental Health/Retardation Center. It was pointed out that this would be a 48-month loan. RESOLUTION NO. 1416 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DEED, WITH WICHITA COUNTY, CONVEYING ROSE STREET PROPERTY TO COMMUNITY MENTAL HEALTH/RETARDATION CENTER OF WICHITA FALLS (ALSO KNOWN AS THE HELP CENTER) . WHEREAS, The City of Wichita Falls and the County of Wichita executed a lease-purchase agreement dated July 12, 1971 to the Wichita Falls Community Center for Mental Health and Mental Retardation Services covering that certain tract of land at the corner of Rose and Baylor Streets in Wichita Falls, described as follows : Lots 1, 2, 3, 4, 21, 22, 23 and 24, Block 2, Grant's Subdivision of Bellevue Addition to the City of Wichita Falls, Wichita County, Texas WHEREAS, the parties to such agreement now deem it advisable that such agreement be superseded by a deed from the City and County to the Community Center. 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 execute, for the City of Wichita Falls, acting with the County of Wichita, a deed, a copy of which is attached hereto, ` conveying the above described land to the Community Mental Health/Retardation Center of Wichita Falls. When such deed has been executed and delivered, the agreement dated July 12, 1971 and Resolution No. 1207 authorizing it shall be superseded. 750 Item 7d, cont'd. Moved by Alderman Still that Resolution No. 1416 be passed. He also stated that there has been substantial improvement in the management of the Help Center. It would seem that the contribution that the City makes would make this resolution in order. Alderman Morrison pointed out that this sale is not a gift, but a subordinated lien, and he seconded the motion. Alderman Boyd stated that for several years this program was supported by the City, County, and School Board. Recently, the school board removed their support. The City is contributing an additional $7,500, and the County an additional $7,500 for an additional six months. We find it hard to evaluate a criteria for this support. The school set up a criteria on a cost basis per student utilizing these facilities. Originally we committed ourselves for a five-year program, and he jstated that he still favors the original proposal, and is not in favor of this one. The motion was carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd and McCullough Nays : None Item 8a j It was recommended that the. low bid for an estimated annual supply of 100,000 pounds of Sodium Hexametaphosphate for the Water Purification Department be awarded to Chemical Supply Company, Wichita Falls, in the amount of $13,711.50. Moved by Alderman Still that the bid be awarded as recommended. i Motion seconded by Alderman Campsey,—and—carried unanimously. Item 8b It was recommended that the low bid for an estimated annual supply of Ferrous Sulphate (Copperas) for Water Purification be awarded to Chemical Supply Company in the amount of $26,605.00. Moved by Alderman Campsey that the bid be awarded as recommended. Motion seconded by Alderman Boyd, and carried unanimously. J' Item 8c Bids were considered on an estimated annual supply of 464,000 pounds. of Silicate of Soda for water purification. It was recommended that the low bid be awarded to Chemical Supply Company, Wichita Falls, in the amount of $11,566.60. Moved by Alderman Campsey that the low bid be awarded as recommended. Motion seconded by Alderman Boyd. Alderman Still questioned the lack of bulk storage at the Cypress Street Plant. John Ruhmann explained that if the plant were remodled, then they would probably include the bulk storage for minor chemicals, but it would not be feasible to do it alone. The motion was carried unanimously. //// Item 8d 7 J Bids were considered on an estimated annual supply of 1,680 tons of Quicklime for water purification. Even though the sample of this chemical did not arrive 1 r in the mail until after the bids were opened, it was recommended by Ben Shelton that the low bid be awarded to Chemical Lime, Inc. , Fort Worth, in the amount of $34,171,20. - 751 Item 8d, cont'd. Bob Plemons, of Texas Lime Company, Cleburne, Texas, protested the recommenda- tion, stating that the same thing happened to them twice. Their bid was not con- sidered because the sample did not get in at the same time the bid did. Since that time, they quit mailing it, but brought the sample in with the bid. He stated that Mr. Wilks was Purchasing Agent at that time. Alderman Still inquired if our specifications required the sample T p q p�e to be submitted with the bid, and it was noted that they did. w , Moved by Alderman Still that the bid for Quicklime be awarded to Texas Lime Company in the amount of $34,692.00. Motion seconded by Alderman Boyd. Alderman Still stated that his motion had nothing to do with what has gone on in the past, but feels we are being unfair to the bidders if we do not comply with our specifications. The motion was carried unanimously. i Item 8e Bids were considered on a police van for the Crime Prevention Unit. Only one bid was received; however, several were invited to bid. It was recommended by Ben Shelton, Director of General Services, that the bid be awarded to Morgan Motor Company in the amount of $3,931.24. Alderman Boyd stated that he is disappointed that no one else chose to bid. He does not feel that one bid is enough for purchase of this equipment, and stated that he is opposed to acceptance of this bid on this basis. He stated that he be- lieves the Purchasing Department should be able to provide us with more bids. Mayor Wallander stated that he had encountered the same difficulty in purchas- ing a van for the Senior Citizens Center, and feels it is not the fault of the Purchasing Department that no more bids were received. Alderman Morrison inquired into our procedure for bids. It was explained that advertisement was made in the paper, and personal contact was made with var- iour agencies. The City Manager stated that it is not the Purchasing Department's job to see that more than one bid is received, but to prepare specifications in order that no one will be excluded. Alderman Boyd stated that he did not believe the Purchasing Department did as good a job as they could have. Bill Schnautz, Purchasing Agent, stated that the Purchasing Department spent considerable time in drawing up these specifications. There were four eligible bidders - Kidwell GMC, Longhorn Chevrolet, Moore Ford, and Morgan Motor Company (Dodge) . They also complied with the statutes in regard to advertising. These four agencies could have bid according to the specifications. He noted that he did not know what else the Purchasing Department could have done to attract more bidders. Alderman Boyd stated that one of the prospective bidders stated that he did not receive an invitation to bid, and another stated that he was "specked" out. Mr. Schnautz pointed out that they cannot be responsible for the postal system. Moved by Alderman Boyd that the bid on the police van be declined, and that new bids be requested. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Still, and Boyd Nays : Aldermen Morrison and McCullough. � Item 8f . j Bids were considered for sale of a City-owned drilling rig. Moved by Alderman Campsey that the high bid be awarded to Junior Haney Drilling Company, Bowie, Texas, in the amount of $4,596.00. 752 Item 8f, cont'd. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9a Permission was requested to advertise for bids for Lucy Park swimming pool construction. Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough. Alderman Morrison pointed out the remoteness of the possibility of this pool being completed this year for swimming. He stated that while he has only briefly j examined the plans , it looks like a beautiful job, but since time is not pressing j on this matter, it would be well for the Council to schedule a public hearing re- garding competitive use by the public, and withhold this request to advertise until later. Alderwoman McCullough stated that she feels this was adequately aired prev- iously by the Park Board. They had a public hearing. f j Alderman Still commented that he believes we should pursue all possibilities to be sure that we are giving the public what they want; however, do we want a competitive pool or do we want a pool for recreational purposes? He believes the pool will be good in Lucy Park for recreational purposes, but is not sure that it would be good for competitive purposes. i The motion was carried by the following vote: Ayes : Aldermen Campsey, Still, Boyd, and McCullough . Nays : Alderman Morrison. Alderman Morrison explained that he opposed the advertising of bids at this time to see that this facility meets the needs of our community. Item 9b Permission was requested to advertise for computer cable to link the police department terminals to our central computer system. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9c -' Permission was requested to advertise for bids for the waste water treatment plant expansion. Moved by Alderman Still that authority be granted to advertise for bids as requested, and that the date of opening bids be set for June 21, 1973, at 10:00 A.M. Motion seconded by Alderman Campsey, and carried unanimously. Item 9d Permission was requested to advertise for bids for Lake Wichita dam improve- ments. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. 753 Item 10a Moved by Alderman Campsey that minutes of the meeting of the Planning Board held April 11, 1973, be received. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10b, c, d Moved by Alderman Still that minutes of the meetings of the following boards be received. a. Board of Adjustments and Appeals - April 16, 1973 b. Park Board - April 24, 1973 C. Wichita Falls-Wichita County Airport Zoning Board - April 24, 1973 Motion seconded by Alderman Boyd, and carried unanimously. Item 11 The request of the Victory Baptist Church to lease or purchase excess right- of-way on Midwestern Parkway was again presented. Mayor Wallander read a memo from the Director of Planning outlining his reasons for not recommending this request. Fred Bryant inquired why the City had leased to Rice Auto Parts and sold some right of way to other owners. The City Manager stated that we had done neither. We have no contract with Rice. Carl Betts stated that they were not asking for access to Midwestern Parkway, and they are not asking for exclusive use of the alley. They are not advocating parking next to the curb. Ernest Lillard stated that he would only have approxi- mately 40 feet back of the sidewalk, and it would not be sufficient for parking. Mr. Betts stated that they appreciated the concern for the citizens of Wichita Falls, but if you look at other parking lots they feel the concern was not shown before. He feels they have no more pedestrians and bike riders in that area than in other areas. The City Manager stated that the City owns this property, and the use of it should be placed to the best public interest. The City Attorney explained that it is unlawful to sell City property without taking bids. He knows of no legal impediment to leasing the property. Moved by Alderman Boyd that the City Manager, City Attorney, and the necess- ary staff work with the Victory Baptist Church to work out something toward a possible lease of this property, to be re-submitted to the Council. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Boyd, and McCullough Nays : Alderman Still. The City Manager requested the Council's direction on the remainder of this property. Ernest Lillard stated they had already had a request to lease other property, and it was denied. Suit has been threatened if it is leased. The Council gave no particular direction on this except to consider all these factors in relation to a possible lease with Victory Baptist Church. Mayor Wallander stated that he did not know of anything that causes more friction on the Council than bids. He directed that Aldermen Boyd and Still work with the City Manager to try to prevent this in the future. He referred to the Crime Prevention Van for the Police Department. Item 12 Moved by Alderman Still that the date of June 5, 1973, be set as the date of the public hearing on hazardous structures. 754 Item 12, cont'd. Motion seconded by Alderman Campsey, and carried unanimously. Item 13 1 Mayor Wallander made the following Council appointments. a. Mayor Pro-tem - J. C. Boyd, Jr. % b. Data Access Control Board - Lonny Morrison c. Planning Board - Peggy McCullough v d. Parks Board - Harrison Taylor ,e. Traffic Commission - Willard Still f. Human Relations Commission - Peggy McCullough g. Airport Board - Harry Campsey h. Nortex Regional Planning Commission, Executive Committee - Winston Wallander and J. C. Boyd, Jr. r i. Nortex Regional Planning Commission, General Membership - fPeggy McCullough, Lonny Morrison, Harrison Taylor Moved by Alderman Campsey that the Mayor's appointments be approved. Motion seconded by Alderman Still, and carried unanimously. The meeting adjourned at 11 :51 A.M. PASSED AND APPROVED this � day of , 1973. i I Mayor ATTEST: - City Clerk i \ / ♦ E � � l� AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEM(S) WITHIN MUNICIPALITIES STATE OF TEXAS COUNTY OF This agreement made this day of 19 , by and between the State of Texas, hereinafter referred to as the State", party of the first part, and the City of , County, Texas, acting by and through its duly authorized officers under an ff�sn passed the day of 19 hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to finance the construction, maintenance, and operation of the safety lighting system(s) at the location(s) shown on EXHIBIT 1 , attached hereto and made apart hereof, and hereinafter referred to as the "safety lighting system", and WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will construct, maintain, and operate the safety lighting system(s) , or construct the safety lighting system(s) and reimburse the City for the City's cost of maintenance and operation of said system(s) , subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 61624. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A. Project Authorization The City has requested and consented to the construction, maintenance, and operation of the safety lighting system(s) , and the State in financing the con- struction, operation, and maintenance work does so at the special instance and request of the City. B. Definitions The term "safety lighting system" as used herein shall constitute: (1 ) the illumination assemblies, (2) the luminaires, lamps, and luminaire mast arms (and attachments) attached to traffic signal poles and (3) the conduit, multi-conductor cable, single conductor wire, and miscellaneous items of materials and parts installed for the operation of the safety lighting. i THE STATE OF TEXAS X COUNTY OF WICHITA X KNOW ALL MEN BY THESE PRESENTS : That the City of Wichita Falls, Texas , and the County of Wichita, Texas , hereinafter called grantors , for and in consideration of the sum of $33 ,000 , of which $8 , 800 is cash in hand paid by the Community Mental Health/Retardation Center of Wichita Falls (also known as The Help Center) hereinafter called grantee, the receipt of which is hereby acknowledged, and the balance of $24, 200 is secured to be paid and evidenced by grantee' s promissory vendor ' s lien note, of even date here- with, which note is further described below, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said grantee, the Community Mental Health/ Retardation Center of Wichita Falls (also known as The Help Center) , subject to the conditions and other provisions herein contained, all that certain parcel of land situated in Wichita County, Texas, described as follows : Lots 1, 2 , 3, 4 , 21, 22, 23 and 24 , Block 2 , Grant' s Subdivision of Bellevue Addition to the City of Wichita Falls , Wichita County, Texas . To have and to hold the above described property and prem- ises , together with all and singular the rights and appurtenan- ces thereto in anywise belonging, unto the said grantee, its successors and assigns forever, subject to the hereinafter set out conditions and provisions; and the grantors do hereby bind themselves and their successors to warrant and forever defend all and singular said premises to the said grantee, its succes- sors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under them. It is understood and agreed that grantee intends to borrow $50, 000 from City National Bank in Wichita Falls , which loan will bear interest at 8 1/2 per cent and will be payable in monthly installments of $1, 578 . 38 , the first installment to be due on October 1, 1973 . Such loan will also be secured by a first lien deed of trust on the property herein conveyed. The above described vendor ' s lien note of even date herewith in the principal amount of $24 , 200 , executed by grantee and pay- able to grantors , shall be payable in equal monthly installments of $1, 100 , which shall be divided equally between City and County. The first installment on said note shall be due and payable on or before the first day of the month following the month in which the above described note for $50, 000 is scheduled to be paid in full. It is expressly agreed and stipulated that the vendor ' s lien is retained against the above described property, premises and improvements until such note in the sum of $24 , 200 is fully paid according to its face and tenor, affect and reading, when this deed shall become absolute. It is hereby expressly agreed and understood that the above described note for $24 , 200 , and all the liens securing the pay- ment of same, are second, subordinate and inferior to the above described loan, and the note which will evidence same, for the principal sum of $50 , 000 , and all the liens securing the payment of same. This conveyance is made subject to the condition that the grantors herein shall have the right to reenter the property and obtain the title back in the event the grantee herein should ever abandon or dispose of the above described property, or any part thereof , or in the event that the grantee herein should cease to STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas , on this day personally appeared Calvin Ashley, County Judge of Wichita County, Texas , known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that the same was the act of the said County of Wichita, Texas, and that he executed the same as the act of said County of Wichita, Texas , for the purposes and consideration therein expressed, and in the capacity there- in stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973 . Notary Public , Wichita County, Texas - 3 -