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Min 12/04/1973 865 Wichita Falls, Texas Memorial Auditorium Bldg. i December 4, 1973 i i Items 1 & 2 i 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 Build- ing at 10:00 o'clock A.M. , with the following members present: I J. Winston Wallander Mayor Harry Campsey Lonny D. Morrison X Willard Still J. C. Boyd, Jr. Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison E. Taylor Absent Peggy McCullough Absent The invocation was given by Alderman Still. Item 3 Moved by Alderman Campsey that minutes of the meeting held November 20, 1973, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4 The public hearing was opened on hazardous structures. John Garcia appeared regarding the property at 301 Maple, stating that he has started to remove the house and clean the lot. The Council explained that he would be allowed 30 days under the ordinance to complete the work required. Mr. Garcia stated that he thought this would be sufficient time. The City Manager explained that if he needed more time, to contact the Building Inspection Department. ORDINANCE NO. 2843 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 by Alderman Campsey that Ordinance No. 2843 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Items 5a and b pertaining to requests to appear were withdrawn from the agenda. Item 6a A proposed ordinance was presented, annexing the areas of Allis Chalmers, Fan Coach, East Hursh subdivision, and Expressway Village subdivision. �( l� ORDINANCE NO. 2838 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. 866 Item 6a, cont 'd. Moved by Alderman Campsey that Ordinance No. 2838 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 6b A proposed ordinance was presented changing the dates of the regular council meetings in January 1974, due to January 1 being a holiday. > ORDINANCE NO. 2844 ORDINANCE CHANGING DATES OF REGULAR MEETINGS OF BOARD OF ALDERMEN IN JANUARY, 1974 TO THE SECOND AND FOURTH TUESDAYS. Moved by Alderman Boyd that Ordinance No. 2844 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 7a A proposed resolution was presented approving a water line easement with MKT Railroad. t RESOLUTION NO. 1483 RESOLUTION AUTHORIZING PIPE LINE LICENSE BETWEEN MKT RAILROAD COMPANY AND THE CITY OF WICHITA FALLS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, A certain pipe line license, a copy of which is attached hereto, dated November 19, 1973, between Missouri-Kansas-Texas Railroad Company and the City of Wichita Falls, authorizing the City of Wichita Falls to construct, maintain, and operate a twelve inch (12") water service line across the railroad right-of-way, is hereby approved and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1483 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 7b i A proposed resolution was presented accepting assignment of sewer easements from BCI to the City of Wichita Falls. \" ; RESOLUTION NO. 1484 RESOLUTION AUTHORIZING ACCEPTANCE OF ASSIGNMENTS BY BOARD OF COMMERCE AND INDUSTRY OF SANITARY SEWER LICENSES GRANTED BY MISSOURI-KANSAS-TEXAS RAILROAD COMPANY. WHEREAS, Missouri-Kansas-Texas Railroad Company executed a pipeline easement dated May 7, 1973 to Board of Commerce and Industry of Wichita Falls, Texas, for a six inch sanitary sewer line near the PPG Industries ' plant; and, WHEREAS, said railroad company executed a pipeline easement dated August 3, 1973 to Board of Commerce and Industry of Wichita Falls, Texas, for a ten inch sanitary sewer line near the Washex Manufacturing Company plant; and, WHEREAS, the Board of Commerce and Industry desires to assign such pipeline licenses to the City of Wichita Falls. A. 867 l Item 7b, cont'd. THE BOARD OF ALDERMEN OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY WICHITA FALLS, TEXAS, THAT: The assignment of such pipeline licenses is approved, and the City Manager is authorized to execute an acceptance of such assignments, subject to the follow- ing g in change in the provisions in such pipeline licenses : In lieu of the second paragraph contained in Section 5 of such pipeline licenses, the following paragraph shall be substituted: "Licensor and Licensee each agree to be responsible for their respective acts of negligence causing injury to or death of persons whomsoever or damage to property whatsoever which result from or are incident to the construction, maintenance, use, operation or existence of said crossing on Licensor's premises , or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided. It is further agreed that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them equally. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agree- ment shall be for the benefit of the parties hereto." Moved by Alderman Campsey that Resolution No. 1484 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None - - - - - - - - ti Item 7c r i A proposed resolution was presented authorizing employment of a consulting engineer for sanitary sewer improvements for Lake Wichita area. r RESOLUTION NO. 1485 RESOLUTION APPROVING EMPLOYMENT OF CORLETT-GRAY-AND PROBST FOR SANITARY SEWER IMPROVEMENTS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain contract between the City of Wichita Falls and Corlett, Gray, and Probst, Consulting Engineers, whereby the City retains Corlett, Gray, and Probst for all engineering service required in connection with the construction of a new sewer main to serve the Lake Wichita Community, and which provides for compensation for the basic services performed at 9.6% of the cost of construction, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1485 be passed. Motion seconded by Alderman Campsey. Alderman Boyd inquired why we had selected a particular engineering firm. The City Manager explained that this is normal procedure on engineering work. We try to rotate this work between firms since bids are not possible in this field. It was explained that the percentage is based on the rate of the contract price--that it is a state rate. The motion was carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays: None - - - - - - - - Item 7d A proposed resolution was presented approving a maintenance agreement on Maurine Street extension. 1 r RESOLUTION NO. 1486 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: 868 Item 7d, cont'd. 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 of the westward extension of Maurine Street from North Beverly Drive, westward to Loop 11, is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Campsey that Resolution No. 1486 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 7e A proposed resolution was presented approving an amendment to the airport parking lease to APCOA, waiving the provision of requiring a 24-hour attendant, and setting other hours. The purpose of this is to assist in lowering the net loss they are now experiencing. RESOLUTION NO. 1487 RESOLUTION APPROVING AMENDMENT OF APCOA CONTRACT CONCERNING PARKING FACILITIES AT MUNICIPAL AIRPORT. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, There is hereby approved an amendment to that certain lease agreement dated June 3, 1970, between the City of Wichita Falls and APCOA Division, ITT Consumer Services Corporation concerning the parking facilities at Municipal Airport, and the City Manager is authorized to execute any instruments necessary to implement such amendment. Paragraph 3 is amended to read as follows : Uniformed attendants, trained and disciplined in the performance of their duties and courteous to the public, shall be on duty from 5 :30 a.m. until 10:30 P.m. , provided that such attendants shall be on duty a minimum of one hour prior to the departure and one hour after the actual landing of scheduled air carrier aircraft. APCOA shall post a sign at the ticket spitter which will adivse their cus- tomers the hours of operation. APCOA shall promptly report to the City any notification of pilferage or vandalism of vehicles or equipment brought to its attention. Should the City give APCOA written notice to do so, APCOA will immediately furnish such attendants on duty twenty-four hours per day. The advisability of requiring attendants on duty twenty-four hours per day will be reviewed and approved or disapproved by the City Manager on an annual basis. Lessee shall be obligated to control the actions of its employees, to dispense with the services of any employee whose conduct the Lessor feels is detrimental to the best interest of the airport, and to require its employees to be clean and neat in their appearance." Moved by Alderman Campsey that Resolution No. 1487 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 7f A proposed resolution was presented increasing the ratio of assessed values / to actual values for ad valorem tax purposes. Alderman Still commented on this pro- posed resolution, desiring that the Council 's intentions be more firmly established in the content of it. 869 I Item 7f, cont'd. RESOLUTION N0. 1488 i RESOLUTION INCREASING THE RATIO OF ASSESSED VALUES TO ACTUAL VALUES FOR AD VALOREM TAX PURPOSES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Effective January 1, 1973, the Assessor and Collector of taxes for the City of Wichita Falls shall assess all real and personal property for taxation at per cent of the actual cash market value of such property. Moved by Alderman Still that Resolution No. 1488 be passed, with the following changes: Fill in the blank with the figure "70" per cent, and add the following paragraph: "It is not the intention yf thisuncil changeoinincrease individual of assessed valorem taxes, directly or indirectl by by values to actual values." Motion seconded by Alderman Campsey. The City Manager explained that even though the percentage is increased, the tax rate could be lowered, and taxes would be adjusted accordingly. Individual taxes would be determined by the tax rate set in 1974-75. The motion was carried by the following vote: Aye s : Aldermen Campsey, Morrison, Still, and Boyd Nays : None Item 7 A proposed resolution was presented approving an updated appraisal on Kell Freeway property. The original offer of $79,650 was refused by the property owner. RESOLUTION NO. 1489 WHEREAS, by the adoption of Resolutions No. 1036 and 1101, the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the properties hereinafter described for construction of the Kell Freeway, Project 52-380, and approved the appraised values of such properties ; and, WHEREAS, the appraisals of such properties has now -been updated by the inde- pendent appraiser employed by the Texas State Highway Department to reflect present market prices, and these updated appraisals have been approved by the Texas State Highway Department and have been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Section No. 1 The project and properties to be purchased by Quit Claim Deed are as follows : Kell Freewa , Project 52-380, Quit Claim Deed Lots 9, 10, 11, Block 18-A, Highland Addition Block 60, Highland Addition Part of Lots 3 & 4, Block 2, Elliott Addition Lot 10, and Part of Lot 9, Block 2, Elliott Addition Combined total of values approved in this resolution ------- $ 103,318.00. Section No. 2 The updated values of such properties is hereby approved, and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department, or the City of Wichita Falls, by Quit Claim Deed, such tracts of land as shown on. the project right-of-way map. The authorized price to be paid for such tracts are the state approved values as determined from the updated appraisals (rather than the original appraisals approved by the resolutions set out above) made by the independent real estate appraiser employed by the Texas State Highway Department. 870 Item 7g, cont 'd Section No. 3 In the event the City Manager is unable to purchase such tracts for such approved updated values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1489 be passed. Motion seconded by Alderman Campsey. Alderman Still commented that this is a 30 percent increase over the original appraisal. Ernest Lillard explained that the current appraisal was figured on a different basis. It includes the value of advertising signs on the property. Prior to this, signs were purchased as personal property. Since pass- age of the Highway Beautification Act they now have to be purchased as real pro- perty, which creates an additional cost for us. The motion was carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd. Nays : None r Item 8a A proposed resolution was presented approving Change Order No. 1 and the final estimate, and accepting sewer facilities on the contract with O.G.S. , Inc. RESOLUTION NO. 1490 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING SANITARY SEWER FACILITIES WHEREAS, the City of Wichita Falls and O.G.S. , Inc. entered into a contract dated August 7, 1973, wherein said contractor agreed to construct Sanitary Sewer facilities, Project 89-169-08, and, WHEREAS, said improvements have been completed in accordance with plans and specifications; and, WHEREAS, Change Order No. 1, and a final estimate have been submitted on this project, which final estimate shows a total amount of work done as $22,433.47 of which $15,389.33 has been paid to the contractor, leaving a balance of $7,044.14; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The construction of such sanitary sewer extensions is accepted by the City of Wichita Falls, the Change Order and the Final Estimate are approved, and the City Manager is directed to pay the said Contractor the amount due as shown on such estimate. Moved by Alderman Still that Resolution No. 1490 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, and Boyd Nays: None . Items 9a-e Moved by Alderman Boyd that authority be granted to advertise for bids as follows : a. Two rotating type civil defense sirens b. Two raw sludge pumps for waste water treatment C. Estimated annual supply of automotive storage batteries for all City departments. d. Estimated annual supply of oil and grease for all City departments e. Estimated annual supply of diesel fuel for all City departments Motion seconded by Alderman Morrison, and carried unanimously. 871 Items lOa-c minutes of the meetings of the following Moved by Alderman Morrison that j boards be received. 1 a. Airport Advisory Board--November 21, 1973 I b. Planning Board--November 14, 1973 C. Park Board--November 27, 1973 Motion seconded by Alderman Campsey, and carried unanimously. There was no action taken on Item lla, pertaining to appointments to the Museum and Art Center Board of Trustees. Item llb Moved by Alderman Still that a public hearing be set on hazardous structures for 10:00 A.M. , January 8, 1974. r Motion seconded by Alderman—Campsey, and carried unanimously. Larry Lambert appeared for Joe Mayo, Jr. , doing business as Budget Rent-A- Car. He desires to have access to a location at the airport terminal. Mr. Mayo had previously made a written request to Mr. Fitzgerald requesting space. Mr. Fitzgerald wrote back, stating that there was not sufficient space. Sometime later he made another request that space be allocated to his agency at the air- port. Mr. Fitzgerald stated that because there was an absence of facilities and the airport was already being served by the big three, it might be damaging to the other agencies. On September 28 Mr. Lambert talked with Mr. Yeager, stating that they desired this location, and would like for it to be considered. Mr. Yeager stated that he would consult with the Airport Manager, and would be back in touch with him. Mr. Couser advised that there are no spaces available for cars. All available spaces were committed. If adequate space became available in the future or if one of the present licensees desired to discontinue operation, then his request would be considered. On October 18, he, Joe Mayo, Jr. , and Joe Mayo, Sr. , made an inspection of the terminal area. Next to the Hertz booth is an empty space formerly occupied by Rio. National and Avis Car Rentals have their spaces at the other end of the building. The empty space might be used by Budget Rent-A-Car. They were advised that this space was committed to BCI for a display. They discussed this with Mr. Appel, who at first did not recall, but later recalled that they had been offered the space, and had accepted it. Mr. Lambert stated that Mr. Appel stated that he had been asked by the City not to re- lease the space, even if they did not need it. They would really need only wall space anyway. Mr. Appel stated that this is not a significant feature of the BCI program, and he had no present requirements for this particular space. Mr. Appel wrote a letter to Mr. Lambert, with a copy to the City, stating that they would release the space at the airport, realizing that it might be difficult to obtain later if they decided they needed it. Mr. Lambert requested that Joe Mayo be allocated the space at the airport. He believes it would serve the public interest to have this agency at the airport terminal. Mr. Lambert explained that it is a national agency. Mr. Lambert stated that contracts with the other agencies have committed all 33 spaces, and all of these have not been utilized at any time that he has been out there. He explained that Mr. Mayo had stated that if they could have the terminal space, then they would make other arrangements for their cars until such time as the contracts with the other agencies expire next year. Mr. Lambert stated that he did not know how many automobile spaces Mr. Mayo would need at the airport. He is asking that the Council recognize that he has made the request, and that it be put on the agenda in the reasonably near future. Mr. Lambert stated that he had unofficially asked the chairman of the Airport Advisory Board if this matter should be presented to the Board, and he stated that it should not be. Alderman Still stated that he feels this request is reasonable, and that the Council should give him a reply. The City Manager stated that he felt the request should be made to the Airport Advisory Board for recommendation to the City Council. Mr. Lambert desired to know their meeting time in order that they may be present. Paul Yeager stated that their next meeting would be the third Wednesday in January, at 3:00 P.M. They have cancelled their December meeting. The City Manager stated that the staff would make a recommendation to the Airport Advisory Board. Alderman Still strongly recommended that we ask for a December 872 session to hear this particular case alone, and that the Aviation Advisory Board make a recommendation to the Council at their next meeting following the meeting of the Aviation Advisory Board. Mr. Lambert stated that he had made no request of the Aviation Advisory Board. The meeting adjourned at 11 :20 A.M. PASSED AND APPROVED this day of 1974. ATTEST: Mayor ity Clerk