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Min 04/08/1974 931 Wichita Falls, Texas Memorial Auditorium Building April 8, 1974 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 8:00 o'clock P.M. , with the following members present. J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor X Lonny Morrison X Willard Still Aldermen J. C. Boyd, Jr. X Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Still. Item 3 Moved by Alderwoman McCullough that minutes of the meeting held March 19, 1974, be approved. Motion seconded by Alderman Campsey, and carried unanimously. Item 4 0 A proposed ordinance was presented accepting street improvements in the 1973 Reconstruction Program. ;} ORDINANCE NO. 2861 ORDINANCE ACCEPTING IMPROVEMENTS OF ALLEN ROAD, CIRCLE DRIVE, THIRTY- FIFTH STREET AND WINANN STREET, IN THE CITY OF WICHITA FALLS , TEXAS, AS DESIGNATED IN ORDINANCE NO. 2777 DECLARING THE CONTRACT WITH TIMMINS- ANDERSON CORP. , WICHITA FALLS , TEXAS , FOR THE CONSTRUCTION OF SAID IMPROVE- MENTS 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. Moved by Alderman Still that Ordinance No. 2861 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 5a A proposed resolution was presented approving an easement to Texas Electric �. Service Company at Cypress Avenue water plant. RESOLUTION NO. 1519 RESOLUTION APPROVING EASEMENT FOR ELECTRIC TRANSMISSION LINE TO TEXAS ELECTRIC SERVICE COMPANY AT CYPRESS AVENUE WATER TREATMENT PLANT. 932 Item 5a, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, for a right-of- way for an electric distribution line at the Cypress Avenue Water Treatment Plant, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Taylor that Resolution No. 1519 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. 1 Item 5b 1 !' A proposed resolution was presented accepting Rosemont Cemetery and establish- ing fees. u <� 44 RESOLUTION NO. 1520 RESOLUTION ACCEPTING ROSEMONT CEMETERY, AND ESTABLISHING PRICES, CHARGES AND FEES. WHEREAS, on. September 18th, 1973 the Board of Aldermen of the City of Wichita Falls accepted the report of City Manager, Gerald G. Fox, concerning the City's assuming ownership, control and operation of Rosemont Cemetery under certain conditions ; and, WHEREAS, thereafter, the City and Rosemont Cemetery Restoration Association entered into a contract which set out such conditions, which included the raising of Fifty Thousand Dollars ($50,000.00) by such Association; and, WHEREAS, the Rosemont Cemetery Restoration Association has substantially complied with all of the conditions set out in such contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. The City of Wichita Falls does hereby accept th6 title and owner- ship of Rosemont Cemetery, together with the control, operation and maintenance thereof. The trust or escrow fund which was established for the purpose of facil- itating the collection of such $50,000.00 shall be closed out, and the money there- in shall be transferred to the Rosemont Cemetery Improvement Fund of the City, and the same shall become the property of the City. City shall, at its own ex- pense, redo the streets and water irrigation system in the cemetery, repair or re- build gravesites and stones, and provide fence repair and site clearance, and pay for such improvements out of such fund. Thereafter, City shall operate and main- tain Rosemont Cemetery in a manner similar to the way it maintains other munici- pally owned cemeteries. SECTION 2. The consideration to be paid by the City for this property shall be the cancellation and satisfaction of the paving assessment and the delinquent taxes presently due on this property and not barred by the Statute of Limitations. SECTION 3. The following prices for cemetery lots and spaces , and the follow- ing charges and fees are hereby established for Rosemont Cemetery: Two space lot $300.00 Adult single space 75.00 Infant single space 25.00 Opening & Closing Adult Grave 75.00 Opening & Closing Infant Grave 20.00 Overtime Charge, Saturday 25.00 Overtime Charge, Weekdays after 3:30 P.M. 15.00 Adult Disinterment 50.00 Infant Disinterment 25.00 933 Item 5b, cont'd. Moved by Alderman Boyd that Resolution No. 1520 be passed. Motion seconded by Alderman Morrison. Alderwoman McCullough inquired how these charges compare with private cemeteries. Lloyd Rigby stated that they are somewhat lower. The City Manager stated that as far as space charges are concerned, we are comparable, but we are less on interment charges. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. i ' Item 5c ? A proposed resolution was presented amending the water purchase contract with Wichita Valley Water Supply Corporation. 'RESOLUTION NO. 1521 'I RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Valley Water Supply Corpora- tion is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. i Moved by Alderman Campsey that .Resolution No. .1521 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Alderman Morrison abstained from participation for the reasons stated at the last meeting. Item 5d A proposed resolution was presented amending the water purchase contract with j Arrowhead Properties, Inc. r RESOLUTION NO. 1522 RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY ( OF WICHITA FALLS AND ARROWHEAD PROPERTIES , INC. v BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Arrowhead Properties, Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1522 be passed. Motion seconded by Alderman Still. Alderman Boyd requested the City Manager to furnish the background of this request from the beginning. The City Manager explained that a maximum of 100,000 gallons was set, bases on various factors. Later they came back to the Council, 934 Item 5d, cont'd. and the two-acre minimum tract was waived only in the case of the mobile home park. There are now approximately 600 lots to be developed, rather than 400 lots. The Planning Board has already approved in excess of 400 lots. The facility now has less than 20 connections. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. f C Item 5e A proposed resolution was presented authorizing proposals to property owners ✓� ` on Kell Freeway project. RESOLUTION NO. 1523 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by independent appraisers em- ployed for this purpose by the Texas State Highway Department, and the amount of the state approved values, as determined from the appraisals, have been studied by the Board of Aldermen, and copies are 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 Warranty Deed are as follows : Kell Freeway - Project 52-380 Warranty Deed 143.5 s.f. of Lot 7, Block E, Grainger & Ballow's Addition 3,400 s.f. Lot 6, Block H, Grainger & Ballow's Addition Lot 15, Block 2, Boyd 's S/D of Grainger Park Addition Lot 16, Block 2, Boyd 's 5/D Grainger Park Addition Lot 10, Block 1, Boyd's S/D Grainger Park Addition S. 40' of Lots 11, 12 & 13, Block 1, Boyd's S/D Grainger Park Addition Lot 13, Block H, Grainger & Ballow's Addition 2,921 s.f. of Lot 1, Block J, Grainger & Ballow's Addition 3,254 s.f. of Lots 5 & 6, Block B, Kings Addition Lot 9, Block 1 , Boyd 's S/D, Grainger Park Addition 3,664 s.f. of Lots 19 & 20, Block 5, Boyd's S/D Grainger Park Addition Combined total of values approved in this resolution ----------- $35,325.00 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 Texas State Highway Department or the City of Wichita Falls, by Warranty 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 appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 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 Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1523 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays: None. 935 �s Item 6 J i � t Bids were considered on traffic signal equipment. It was recommended by Ed r.✓ Ilschner, Director of Traffic and Transportation, that the second low bid be awarded to Eagle Signal in the amount of $24,412.00. The low bidder (Econolite) did not meet specifications. Moved by Alderman Morrison that the bid be awarded to Eagle Signal in the amount of $24,412.00, as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 7 Joe Smith, Director of Public Utilities, recommended approval of Change Order No. 1 to the contract with Katy Engineering Company for waste water treatment facilities. This change order will reduce the contract amount by $94,752.00. Moved by Alderman Campsey that Change Order No. 1 be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 8 Permission was requested to advertise for bids for airport ramp and security improvements. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Still, and carried unanimously. "Item 9 Moved by Alderwoman McCullough that minutes of the meetings of the following f ' boards be received. a. Board of Adjustments and Appeals - March 14, 1974 b. Park Board - March 26, 1974 Motion seconded by Alderman Campsey, and carried unanimously. Item l0a Returns of the election held on April 2, 1974, were canvassed. RESOLUTION NO. 1524 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS , TEXAS, ON APRIL 2ND, 1974, FOR THE PURPOSE OF ELECTING THE MAYOR AND ALDERMEN FOR POSITIONS NO. 4, NO. 5 AND NO. 6. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held in the Memorial Auditorium Building on the 8th day of April, 1974, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 2nd day of April, 1974, for the purpose of electing the Mayor and Aldermen for Positions No. 4, No. 5 and No. 6; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and there were cast at said election 8,085 votes for the election of the Mayor and three Aldermen; and that FOR MAYOR: Joe E. Shaddock received 3,498 votes Max Kruger received 4,349 votes Mark Gibson received 226 votes Write-in votes 6 votes I I 936 Item 10a, cont'd. FOR ALDERMAN, POSITION 4: Joe N. Prothro received 7,068 votes Write-in votes 93 FOR ALDERMAN POSITION 5: E. T. (Edd) Laine received 1,164 votes Charles Jones received 1,323 votes J. C. Boyd, Jr. received 5,496 votes Write-in votes 6 FOR ALDERMAN, POSITION 6: Mrs. L. H. (Peggy) McCullough received 7,088 votes Write-in votes 77 AND, it appearing that Max Kruger received the greatest number of votes at said election for Mayor; that Joe N. Prothro received the greatest number of votes at said election. for Alderman, Position 4; that J. C. Boyd, Jr. received the greatest number of votes cast at said election for Alderman Position 5; and that Mrs. L. H. (Peggy) McCullough received the greatest number of votes cast at said election for Alderman, Position 6. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Max Kruger was duly and legally elected Mayor, and Joe N. Prothro, J. C. Boyd, Jr. and Mrs. L. H. (Peggy) McCullough were duly and legally elected Aldermen of the City of Wichita Falls, Texas, at said election and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1524 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. r Mayor Wallander thanked his wife for her devotion to him and his job for the past two years, stating, that she has been a wonderful Mayor 's wife. He also thanked each member of the Council for the time and effort they have given in serving this community. He thanked the staff, and lauded City Manager Gerald Fox as one of the greatest city managers he has ever served with. He thanked General Pettit and Sheppard Air Force Base, stating that any time they are called upon, they are most willing to assist. Alderman Still expressed his appreciation to the citizens of Wichita Falls for giving him the opportunity to serve this community, stating that he feels he is a better citizen now for having served. He congratulated those newly elected. Other members of the Council each expressed their feelings and appreciation. Item 10b Mayor Wallander administered the Oath of Office to Max Kruger, Joe Prothro, J. C. Boyd, and Peggy McCullough. Mayor Kruger expressed appreciation for the confidence shown in electing him mayor. He stated that he is overwhelmed by the caliber of intellect on the Council, and that Jerry Fox is one of the finest city managers we have had. General Pettit made an honorary presentation to Winston Wallander on behalf of Sheppard Air Force Base, and stated that he is looking forward to working with Mayor Kruger. ' Clarence Mu.ehlberger presented a Resolution of Commendation to Mr. Wallander r on behalf of the Board of Trustees of the Firemen's Relief and Retirement Fund. 937 Alderman Prothro expressed appreciation to Mr. Wallander and Mr. Still, and other members of this community for giving him this challenge. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 9:30 P.M. PASSED AND APPROVED this ��� day of L��9�/t.tx/ 1974. L May ATTEST: City Clerk 4 ,:HE ST.LTZ OF TE-X-4�S �,-EN BY THESE PRESENTS: coui-=-. OF ...0-CA'A........ Taa'. C'`--T`7 OP VTrKYTA WILS , A nVNTCTPAn On-107-0-M, 7 -Two FrR=- TY ANP TEROUNK YT? DUM PUTFORTZ7 . (hereir, ralrTed to in the singthar, whether one or marv) 7e�%s, ;:or and in consideration t) mo in hard paid by Tex-- , Electric Service Compsmy have gmnte, sold and conveyed and by chwe punns do gram o sl and ronvey imto the said Company, an C-asereent of right-of--ray for an c-llec�r,'c dist.-C.,11,).1ocr. line, co.-isisting of varial),Ie numbers of uints, and all nuessaxy or desirable appurtenances (including poles i:,a(,e of 'v,-ocJ-, n,.ct—1 or othur matedal, telephone and .eiegraph mArq prop, guys and anchoragesb at or near GO location aLd along th� co-'-'rsc -'c"v located and staled out Sn M co�-.1par.7, along, ov., under, across and upo-ni thu following described was wated ...........---........ County, Texas, to wit: 7000 inqwThef as a trwt of MM out of tho vw�pnrnlarj Par? orreage '' out of Block 17 , League 1, of L. Denton County, Mhool Top& , Abstract 52 , "ichita County, TeNaet, ard Mpg rorp rarhicularly 57scrlbel in that Mrt&r MOP as racorOed in Volume My Page 10 , need -000rds of "jemito rn"nty, 7expr . The center line of P&O distrihution lirp hnir" :.or no Inc: epscrjVe� Ps follows ! MOTMINn Pt C. point in the Pout> Me of shnue PFU tract, P&O roint. heing one pnd nre-1011 Mot West of its souoh :asy Cower, SHO ro! M- also being in the North Pight-af-Way line of johnson Toal ? 7077CY! North ,pa e lie! to the Past lire of We tract , 1220 feet to a tarrinatins point for overhead construction- �7MMTNC ASAIN at D 7oint in above Mscrihed Alst-EhrWan line , saM noint hQn7 one and nno-half fept West and 100 Coat 70rth of thn S0urhw7t corner of above said tract for the hwinninq of an un6eruraund eistrQuVon line; T ill:MCE Mutb n5 Acyroes Test, 290 feet to a poinj An an cristing ur6er7rcuM distrihution easement. Grantor that the general course; of M line, a above c"oscn*bed, is Msed upon prelirn nnry surveys only, end il'-rehy agrees that the easement hereby gTantzd shall apply to the: .kct,ial location :�f 6a:cl line v,`ae-n co-�str-�Cu�d. To::(,ther w:th the Aght of in7wss and eS-ress ovcer my ad':cent !=As to or Trom said --C)7 *he T��'rT)Ose o f trn,� ---1 spTtmg, ma�tandno " w nstiwc6ng and removing sAd Me and appurtomes; w Koh to n(,, sa gel e MnTuon of saM An"; the riceto reiocat-e -aid Me Q tho wMorl in the Mum; So A= to Owe polo opuce ;Go Ohn purym of pamdong pm,rs i, w cmw Mr2 �r OLAr Cn:nKe ly2n-- n n=04 on SWU A"; Qe h§U to PMvMt 60 constm An;, CA for z 0 q�wo of 0 --t' c'l ".D I'.": u- .21" or :ii of o5or obs 'udicw VAN, L' ; 4 '4 Qmonno yay)!QMX�or hor- s-fety, and/or o- --sid, il"t, a;IQ -S col at to =m or U:t Qwn tn s or Yhu,')i;,,ry within, but not Hmhcd to, sAd :0400t splice, to the- e:.ton"- so,' the Compan'.'' as MUY !'c necessary to prevent possible inter-ere-.,ce Qth the operation of said Ike or to remove possible hazard Mao. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, unti", said line shall be abandoned. i And I do hereby bind myself, my heirs and legal representatives, to -"--arrant anti :orever (-O-fer(l all an(l singular the above ,,.cscribe,i easement and rights unto the said Company, its successors and assig-tis, aainst every per-son whomsoever lawfu,:iy c:airninL or to cla im the s--me or any part t.-.ereoi. WITNESS ......hand Llds....... ................ Gay of ......... ............... ...................... .......... (7—m any Agent or ATTFST: Ernpioyoe Securing Easement: .................................................. ----.............. ..................... ......................................................... AMENDMENT TO WATER PURCHASE CONTRACT This Amendment to Water Purchase Contract is made and entered into this the 8th day of April, 1974, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Wichita Valley Water Supply Corporation, hereinafter called "Corporation" , WITNESSETH: WHEREAS, by Resolution No. 1517 , adopted on March 19th, 1974 , the Board of Aldermen of the City of Wichita Falls approved a certain Water Purchase Contract with Wichita Valley Water Supply Corporation; and, WHEREAS, the parties hereto do hereby desire to amend such Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: Section 8 . 0 of the Water Purchase Contract above re- ferred to is hereby amended to read as follows: "Section 8 . 0 : This Contract shall not be assignable without the approval of the City, except Corporation may assign and/or mortgage this Contract to the United States of America, acting through the Farmers Home Administration. However, in the event of any occurrence rendering Corpora- tion incapable of performing under this Contract, any successor of Corporation, whether the result of legal pro- cess, assignment, or otherwise, shall succeed to the rights of Corporation hereunder. " Except insofar as such Water Purchase Contract is amended herein, the same shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above set out. CITY OF WICHITA FALLS, TEXAS BY: CITY MANAGER ATTEST: CITY CLERK WICHITA VALLEY WATER SUPPLY CORPORATION BY: PRESIDENT ATTEST: Secretary _ 2 - AMENDMENT TO WATER PURCHASE CONTRACT This Agreement made and entered into this the 8th day of April, 1974 , by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Arrowhead Properties, Inc. , hereinafter called "Corporation" , WITNESSETH: WHEREAS , heretofore City and Corporation entered into a Contract dated March 5th, 1971, for the sale and purchase of water; and, WHEREAS , the parties desire to amend such Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: Section 1. 3 of said Contract dated March 5th, 1971 is hereby amended by adding the following sentences to the end of such section: "Corporation shall provide City with an auxiliary pump, the size to be determined by City, to be installed in the Lake Arrowhead Pumping Station. Such auxiliary pump shall become the property of City. " Section 1. 8 of said Contract is hereby amended to read as follows: "Section 1. 8 : Under this Contract, City shall furn- ish to Corporation raw water in the maximum amount of 200, 000 gallons per day. " Except insofar as said Contract dated March 5th, 1971 is amended herein, such Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by its duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox City Manager ATTEST: City Clerk ARROWHEAD PROPERTIES, INC. BY: President ATTEST: Secretary -2-