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Min 02/18/1975 1095 Wichita Falls, Texas Memorial Auditorium Building February 18, 1975 Item 1 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 9:00 o'clock A.M. , with the following members present. Max .Kruger Mayor Harry Campsey Harrison E. Taylor X Lonny Morrison X Aldermen Joe N. Prothro X J. C. Boyd, Jr. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The meeting was called to order by the Mayor. Item 2 Moved by Alderwoman McCullough that minutes of the meeting held February 4, 1975 , be approved. Motion seconded by Alderman Campsey, and carried unanimously. Item 3 1 Phillips Cunningham appeared as a representative of the Wichita Falls Indepen- dent School District in regard to swimming facilities. He stated that in the past they have not been financially able to take care of these facilities . He stated that they are. not familiar with joint projects of city and school; however, Dr. Lee Williamson, Superintendent of Schools , is familiar with this type of operation. He assured us on behalf of the Board of Education that they would be happy to enter into discussion of details at the Council 's convenience. Dr. Williamson stated that he was familiar with a joint recreation program in Pueblo, Colorado. He feels that just the training of swimming teams would not be justified, but there are other areas in which the pools may be used. He stated that their staff would cooperate with the Council. He explained how various ex- penses were divided in Pueblo. Aluminum pools were utilized. He believes water safety is as important as driver education. In Pueblo it was required as a high school physical education activity. Mayor Kruger stated that it has taken some time to get these activities worked out, but that he feels they will soon appoint a committee to work with the school system on this matter. Alderman Prothro stated that the Council is in general agreement that an indoor swimming pool is one of the priority items for which revenue sharing may be used. ORDINANCE NO. 2946 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO i PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2946 be passed, appropriating $650,000 of revenue sharing funds for a swimming pool. Motion seconded by Alderman Morrison. Alderman Boyd stated that he is in favor of a swimming pool, and has no objec- tion to earmarking this amount of money for this purpose. He feels we should appoint a committee, and ask the City Manager to contact Dr. Williamson to work out certain matters. I 1096 Item 3, cont'd. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Dr. Beyer thanked the Council for taking this action on behalf of the bicenten- nial activities committee. The Mayor appointed Aldermen Prothro and McCullough as a committee to work with the School System. i Item 4a A proposed appropriation ordinance was presented for Lake Wichita Dam and traffic signalization improvements., ORDINANCE NO. 2947 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2947 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. r Item 5a A proposed ordinance was presented establishing variable speed limit zones at specified locations. (� f ORDINANCE NO. 2948 AN ORDINANCE ADDING NEW SECTIONS 29-91.1 AND 29-91.2 TO THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS AT CERTAIN TIMES IN CERTAIN ZONES, PROVIDING FOR REGULATION OF SPEED BY VARIABLE SIGNS , AND DECLARING AN EMERGENCY . Moved by Alderman Campsey that Ordinance No. 2948 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5b A proposed ordinance was presented closing a portion of Lela Lane. / ( /ORDINANCE NO. 2949 C%` ,✓ r AN ORDINANCE CLOSING AND ABANDONING A PORTION OF LELA LANE IN THE J.L. POWELL ESTATE SUBDIVISION AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2949 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5c A proposal was presented to reduce the bus fare for the elderly and handi- capped. Discussion was held, and it was decided to not include the handicapped at this time because of difficulty in defining and identifying this segment. 1097 Item 5c, cont'd. ORDINANCE NO. 2950 ORDINANCE AMENDING SUBSECTION (b) OF SECTION 2-98 OF THE CODE OF ORDINANCES LIMITING FARES CHARGED ELDERLY PERSONS DURING NONPEAK HOURS BY THE PUBLIC TRANSPORTATION DEPARTMENT. Moved by Alderman Boyd that Ordinance No. 2950 be passed, reducing the basic fare for the elderly to 15 cents , and five cents for additional zones. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Alderman Boyd pointed out that we, have not made ourselves available to funds from mass transportation because of a requirement for arbitration and bargaining rights. He requested that the City Attorney and staff draw up some kind of resolu- tion protesting that we are being discriminated against because we do not want the union. Alderman Campsey agreed that we do not need unions in government. Item 5d ILone Star Gas Company requested permission to automatically pass on increases or decreases in rates which are now in effect in Wichita Falls. This applies to the intra-company gate rate affected by the cost of gas purchased by Lone Star from Lo-Vaca Gathering .Company beginning January 28, 1975 and thereafter, as ordered by the Railroad Commission. Buck St. John stated that we are concerned about how this affects us locally. Twenty-two percent of the total gas is purchased from Lo-Vaca.. In Wichita Falls the average residential consumer uses 872 MCF of gas per year. It is vital that we retain the supply source which we have, and it is just as vital that we obtain financial relief from our consumers. He stated that he cannot go any- where else and purchase gas at near the price of $1.27 on new sources. Lo-Vaca gas comes into the southern part of their system -near Houston and Galveston. Alderman Boyd inquired what percentage of retail sales does he now have authority to pass increases on? Mr. St. John stated approximately 80 percent in towns. Industrial customers will pay one hundred percent of the flow through costs. Mayor Kruger asked if in forcing Lone Star Gas Company to pay Lo-Vaca a higher rate, was it because Lone Star had resisted? Mr. St. John stated that it was. Other customers were already paying Lo-Vaca more. Mr. St. John stated that they do not buy according to category. In their own production they separate the non- affiliated purchases and what they buy for their own usage. Any large user who needed more gas would affect the average purchase cost of gas ultimately for every consumer. Mr. St. John stated that the City Attorney of Fort Worth has filed a motion with the Railroad Commission to get the order rescinded. Alderwoman McCullough pointed out that several cities have requested that the matter be heard in a public hearing on March 3. She stated that she would like to wait until after that hearing to take any action. Moved by Alderwoman McCullough that the Council await the results of the March 3 hearing of the Railroad Commission. Motion seconded by Alderman Morrison. A substitute motion was moved by Alderman Campsey that we adopt Ordinance No. 2951 as written. Motion seconded by Alderman Taylor. Alderman Morrison stated that it seems to him that there are two important aspects that the Council has not addressed. The cost of gas represents a substan- tial part of the operating expenses of Lone Star Gas Company, but it is an isolated expense that could be .affected by other factors. It pertains to a significant percentage of the expenses of Lone Star Gas Company, and feels it can be off-set 1098 Item 5d, cont'd. to some extent by other factors. The second thing is that the pros and cons of the discussion held is that the Council is not blind to the problems of Lone Star. The weighted costs to Lone Star is probably a good bargain right now. The action we are being asked to take today is premature because we do not know what will happen on March 3. We can adjust a future rate to help them after looking at their financial figures and rates of return. What happens in this interim period will have to be looked at. Alderman Boyd feels that this ordinance should be devised so that it ties to Docket 500. The City Manager stated that this ordinance refers to Lo-Vaca pur- chases only. Alderman Boyd inquired if Long Star's costs are more because the Railroad Commission ordered them to pay more, than if they made the contract themselves. Mr. St. John stated that they were not. Alderman Boyd stated that because the Railroad Commission ordered it, is no reason why the citizens should pay the additional costs. Mr. St. John stated that he desires immediate relief. Alderman Taylor stated that he feels if we do anything it should be on a six- month basis instead of a one-month basis. Henry Dvorken appeared as president of the North Texas Rental Property Associa- tion, protesting Lone Star's request, stating that it would average $2.00 per month increase. The Council has previously agreed to a 65 percent pass through on a six-month basis. He stated there is not any way they can pass through this in- crease in the gas rate to their tenants of various rentals. He feels that other utility companies will be here asking for increases if this request is granted. W. B. Alsup stated that he had been receiving small royalty payments from East Texas for several years , and that those payments have not been going up. He feels it is time that City Councils and representatives take care of the people first. He does not feel they need it that badly. He mentioned a lame-duck council, and made a reference to the milk fund. He feels more time should be taken to secure figures before a decision is made. Alderman Taylor inquired what he meant by the milk fund - that it had no re- lationship as far as he is concerned. Mr. St. John also took exception, stating that if Mr. Alsup was not inferring, why would he bring it up. He stated that he would have no part of such a thing. Alderman Campsey stated that government is to blame for a lot of the problem in the energy shortage. They are trying to put it on the oil industry, and they have fought, with a short stick. If people don't like gas, why don't they use coal? He objected streneously to the inference that he had taken anything in collusion. He also pointed out that no one asked the owners of the apartments to make a two or three year contract with their tenants. This thing with Lone Star has been forced on them by an arm of the government. If the supply and de- mand factor had been allowed to prevail during the past years, the price of gas would not be jumping so fast now. He does not see that it is wrong for the oil industries to make money. Alderman Campsey's substitute motion for passage of Ordinance No. 2951 was lost by the following vote: Ayes: Aldermen Campsey and Taylor Nays : Aldermen Morrison, Prothro, Boyd, and McCullough Alderwoman McCullough's motion to delay action was carried by the following vote: Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough Nays : Alderman Campsey Alderwoman McCullough stated that any slur on our three out-going council- men is most unfortunate. Item 6a The public hearing was opened on the Duncan and Third Street Project. Albert Pride:, 106 East Third, inquired when he would have to pay for it. Ernest Lillard stated that it would be after the paving is done, and improvements accepted. '� No one else desired to be heard. 1099 i Item 6a, cont'd. h ORDINANCE NO. 2951 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THIRD STREET, EAST THIRD STREET AND DUNCAN STREET PAVING PRO- GRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS , FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVID- ING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2951 be passed. Motion seconded by Alderman Taylor, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. i Item 7a A proposed resolution was presented approving an easement to Texas Electric t Service Company at Cypress Avenue Water Plant. ( f i RESOLUTION NO. 1623 RESOLUTION APPROVING DISTRIBUTION EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY AT CYPRESS AVENUE WATER TREATMENT PLANT. 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 Prothro that Resolution No. 1623 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, . and McCullough Nays : None. �. Item 7b A proposed resolution was presented approving a utility easement to Texas Electric Service Company in Jaycee Park. RESOLUTION NO. 1624 RESOLUTION APPROVING EASEMENT FOR ELECTRIC DISTRIBUTION LINE TO TEXAS ELECTRIC SERVICE COMPANY IN JAYCEE PARK. 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, from the City of Wichita Falls to Texas Electric Service Company for an electric distribution line easement in Jaycee Park out of Block 27 of the Denton County School lands is hereby approved, and the City Manager is hereby authorized to execute and de- liver the same for the City. Moved by Alderwoman McCullough that Resolution No. 1624 be passed. Motion seconded by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. 1100 Item 7c / A proposed resolution was presented approving purchase of land at the Lake ✓- Diversion dam site. RESOLUTION NO. 1625 RESOLUTION APPROVING PURCHASE WITH WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 of 8.7 ACRES OF LAND LOCATED AT THE SPILLWAY AT LAKE DIVERSION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The purchase, with Wichita County Water Improvement District No. 2, of a tract of land containing 8.7 acres, more or less, in Archer County, Texas, at Lake Diversion Dam, from Amel Frey and wife, Billie Frey and Goldie Frey Griffin, for the sum of Three Thousand Dollars ($3,000.00) , is hereby approved. The City Manager is authorized to pay to the Grantors the sum of Two Thousand Dollars ($2,000.00) for a deed which will convey an undivided one third (1/3) :interest to the Water Improvement --strict. :Moved by Alderman Camps..:y that R:,-: -,lution No. 1625 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7d A proposed resolution was presented approving appraisals on Kell Freeway project. RESOLUTION NO. 1626 r 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 not 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 Deeds and by Easement are as follows : Kell Freeway - Project 52-380 Easement 1675 sq. ft. of Lot 5, Block 4, of Boyd 's Subdivision of Grainger Park Addition Warranty Deed North 12.5 ft. of Lot 12, Block H of Grainger & Ballow's Addition South 37.5 ft. of Lot 13, Block H of Grainger & Ballow's Addition 4,159 sq. ft. of Lots 5, 6, & 7, Block 4, of Boyd's Subdivision of Grainger Park Addition. Combined total of values approved in this resolution -------------------- $22115 .00 1101 Item 7d, cont 'd. SECTION NO. 2 The value 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 or by Easement 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 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 Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1626 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. ` Item 7e A proposed resolution was presented appointing the municipal judge for a two- year term. RESOLUTION NO. 1627 RESOLUTION APPOINTING ALBERT T. NICE MUNICIPAL JUDGE FOR A TWO YEAR TERM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Albert T. Nice is hereby appointed Municipal Judge of the City of Wichita Falls for a term of two (2) years beginning March 7, 1975, with an annual salary of $15,000. Moved by Alderman Morrison that Resolution No. 1627 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes-: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7f A proposed resolution was presented calling the regular municipal election and naming polling places and judges. / RESOLUTION NO. 1628 RESOLUTION CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 1, 1975. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : That an election be held in the City of Wichita Falls, Texas on April 1, 1975 , for electing the following officials of said City: Alderman . . . . . . . . . Place One Alderman . . . . . . . . . Place Two Alderman . . . . . . . . . Place Three and that the said election shall be held at the following named places with the following persons as Presiding Judges and Alternate Presiding .Judges within the following Precincts, to-wit: (The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in the City Boxes as shown below.) 1102 Item 7f, cont'd. . . . VOTING PLACES & JUDGES - MUNICIPAL ELECTION, APRIL 1, 1975 . COUNTY JUDGE CITY PRECINCT AND BOX NUMBER POLLING PLACE ALTERNATE NUMBER 1 & 2 Wichita County Courthouse Mr. Manuel Navarrete 1 7th and Lamar Mrs. Edith Langley,Alternate 3 & 4 Lamar School Mrs. Bob Wise 2 2206 Lucas Mrs. La Nora Taylor, Alternate 5 & 50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. Pete Graham, Alternate 6 & 43 Ben Franklin School Mrs. G. Donald Larson 4 2112 Speedway Mrs. J. Morris Robinson,Alternate 7,40 & 54 Washington Kindergarten Mr. C. E. Jackson 5 600 Flood Mr. A. B. Foremen, Alternate 8 Fain School Mrs. A. D. January 6 1404 Norman Mrs. A1,Flack, Jr. , Alternate 9 & 11 Reagan Jr. High School Mrs. A. H. Hulsey 7 1104 Broad Mrs. Willie McCloud, Alternate 10 & 15 Alamo School Mrs. Patti Faye Gentry 8 1912 llth Mrs. Fred Martin, Alternate 12,31,48, Texas Highway Department Hq. Mr. Horace Downing 9 58 & Boxes 1601 Southwest Parkway Mr. A. C. Comstock, Alternate 9 & 15 - Lake Arrowhead 13,26327 & Fannin School Mrs. Mozelle Laseman 10 61 710 Burk Rd. Mrs. Urbane Black, Alternate 14 & 45 Crockett School Mrs. Steve Marchand 11 3015 Avenue I Mrs. Hurshel Johnson, Alternate 16, 57 & Rider High School Mr. Elton Penrod 12 59 4611 Cypress Mrs. Venita Enloe, Alternate 17 & 47 Technical Training Center Mrs. R. B. Dodd 13 1609 Blonde Mrs. Cecil Pitt, Alternate 41 Huey School Mrs. D. L. Chancellor 14 1513 North 6th Mrs. Gladys Moore, Alternate 18, 42 & Hirschi High School Mrs. D. A. Shook 15 46 3106 Borton Lane Mrs. W. W. Hoffineyer, Alternate 19 & 44 Wichita Falls High School Mr. P. R. Flake 16 2149 Avenue H Mrs. C. A. Wainscott, Alternate 20 & 22 Zundelowitz Jr. High School Mrs. I. C. Presson 17 1706 Polk Mrs. Mary Brown, Alternate 21 & 53 Harrell School Mrs. Claude Harris 18 3115 5th Street Mrs. Charles Rippetoe, Alternate 23,24 & Sam Houston School Mrs. George Stracener 19 25 2500 Grant Mrs. Otis Hickey, Alternate 30 & 51 Barwise Jr. High School Mrs. E. E. Wood 20 3807 Grant Mrs. Arthur Beyer, Alternate 52 Ben Milam School Mrs. John Penn 21 2906 Stearns Mrs. Bernice Knightstep,Alternate 55 & 56 Cunningham School Mrs. Charles Box 22 4107 Phillips Mrs. Titus Mitchell, Alternate The presiding judge for each precinct shall appoint such clerks, not less than two (2) nor more than four (4) , as he deems necessary for the proper conduct of the election. The Chief of Police shall post a properly executed copy of this resolu- tion, order and notice at the places where the election is to be held, such notice to be posted at least thirty (30) days before the date of said election. Moved by Alderman Prothro that Resolution No. 1628 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7g A proposed resolution was presented amending the urban transportation plan. 1103 Item 7g, cont'd. I if RESOLUTION NO. 1629 RESOLUTION AMENDING PRIORITY NO. 3 IN TABLE 59, ENTITLED RECOMMENDED SHORT RANGE ARTERIAL STREET IMPROVEMENTS, OF THE WICHITA FALLS URBAN TRANSPORTATION PLAN 1970-1990. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT i Priority No. 3, which is Spur 473 (Jacksboro Highway) in Table 59, entitled Recommended Short Range Arterial Street Improvements is hereby amended by extending the limits thereof so that same shall read, "From 30th Street to Loop 370 (East Scott Street)". i Moved by Alderman Boyd that Resolution No. 1629 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: I j Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. - - - - - - - - - - Item 8a Bids were considered on an estimated annual linen supply service. It was recommended that the low bid be awarded to National Linen Service, Wichita Falls, in the amount of $7,110.24. rt Moved by Alderwoman McCullough that the bid be awarded as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 8b Bids were considered. on fixed refuse containers for the .Sanitation Department. It was recommended that the low bid be awarded to Industrial Disposal Supply Company, Plano, Texas, in the amount of $7,782. This includes one additional 8 cubic yard container. Moved by Alderman Prothro that the bid be awarded as recommended. Motion seconded by Alderman Boyd, and carried unanimously. Item 8c Y, Bids were considered on 75 picnic tables for Parks and Recreation. It was recommended that the low bid be awarded to Sturdisteel Company, Waco, Texas , in the amount of $56.95 each totaling Moved by Alderman Campsey that the bid be awarded as recommended. Motion seconded by Alderman Prothro, and carried unanimously. ✓ Item 8d k r Bids were considered on an estimated annual supply of vector control chemicals for the Health Department. It was recommended that bids be awarded as follows : a. Malathion Concentrate 95% - American Cyanamid Company, Princeton, N. J. - ` ' $10.80 per gallon, totaling $16,200.00. b. Malathion 57% Emulsifiable Liquid - Estes Chemicals, Inc. , Wichita Falls - $11.85 per gallon, totaling $3,555.00. c. Malathion 5 Dust - Van Waters and Rogers, Dallas Texas - $17,44 CWT, totaling $8,720.00. d. Emulsifiable Insecticide - Public Health Equipment and Supply, San Antonio, Texas - $45.28 per gallon, totaling $3,396.00 1104 Item 8d, cont'd. Moved by Alderman Prothro that the bids be awarded as recommended„ Motion seconded by Alderman Boyd, and carried unanimously. �+ Item 8e •P Bids were considered on park concessions. It was recommended that bids be awarded as set out in the proposed resolution. f RESOLUTION NO. 1630 RESOLUTION ACCEPTING BIDS FOR CONCESSION OPERATIONS AT VARIOUS PARKS AND AUTHORIZING CONTRACTS. WHEREAS , sealed bids were taken for concession operations at Scotland, Brid- well and Hamilton Parks, and at Coyote Stadium; and, WHEREAS, Dean Westmoreland bid 16% of the gross receipts for concession rights at Scotland Park and 15% of gross receipts at Hamilton Park, and LaRue Daffern bid 18% of gross receipts for concession rights at Bridwell Park, and no bids were received for concession rights at Coyote Stadium. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Such bids of Dean Westmoreland and LaRue Daffern are hereby accepted, and the City Manager is authorized to execute with them contracts for concession rights at such parks during the 1975 season. The Director of Parks and Recreation is authorized to negotiate for a conces- sion operator for Coyote Stadium, and the City Manager is authorized to execute with any such operator a contract which the City Manager considers in the best interest of the City. Moved by Alderman Campsey that Resolution No. 1630 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. r ` Item 9a ;l( Permission was requested to advertise for bids on irrigation materials for Rosemont Cemetery, and also for the City Manager to be authorized to accept the low bid in order to effect a 25 percent savings before the discount deadline of ` February 28 , 1975. Council confirmation of the bid will be handled on March 4. Moved by Alderman Campsey that bid advertising be approved, authorizing the City Manager to save 25 percent. Motion seconded by Alderman Taylor, and carried unanimously. i Item 10 Moved by Alderman Prothro that minutes of the meetings of the following boards and commissions be received. a. Traffic Commission - February 11, 1975 b. Board of Electrical Examiners - February 11, 1975 c. Aviation Advisory Board - January 29, 1975 Motion seconded by Alderman Taylor, and carried unanimously. Alderwoman McCullough stated that she would like to see the matter' of school speed zones researched. ' 1105 r Item lla i Appointments were made to the following boards and commissions. ;i 1. Data Access Control Board (two-year terms) Glynn Purtle - term to expire December. 31, 1976 �Y Barry Powers - term to expire December 31, 1976 C� � James Prothro - term to expire December 31, 1976(i'_,,f Moved by Alderman Morrison that the appointments be approved. I Motion seconded by Alderwoman McCullough, and carried unanimously. (Alderman Prothro abstained) . ✓' 2. Civil Service Commission (three- year terms) Ervin Garnett - term to expire February 25, 1978 Moved by Alderman Taylor that the .appointment be approved. Motion seconded by Alderman Boyd, and carried unanimously. +l 3. Board of Trustees, Mental Health and Mental Retardation (two-year terms) Dr. J. L. Jackson - unexpired term of Dr. Slaughter to expire July 10, 1976. Moved by Alderman Campsey that the appointment be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. 4. Traffic Commission - (new position) Tim Wilson, general appointment, term to expire December 31, 1977 Moved by Alderman Morrison that the appointment be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Sheppard Air Force Base will be contacted for a recommendation on the other appointment. Item llb Discussion was held on a radio maintenance contract. The City Manager stated that the most economical way is to continue with a service contract. He is very satisfied with the service of Bob's Communication Service. Two alternatives were presented: (1) to authorize notice of intent to enter into a personal services con- tract with Bob 's Communication Service for five years, and act upon such contract after a two-weeks notice period, and (2) authorize the taking of competitive bids for this contract. He believes bids are difficult to obtain and services difficult analyze. Moved by Alderman Boyd that we take competitive bids for the radio maintenance contract. Motion seconded by Alderman Prothro, and carried unanimously. Item 12a A proposed resolution was presented accepting park donation from Texas Electric Service Company. Lloyd Rigby stated that as of January 9, Texas Electric has deeded us this land for park purposes. This part of the City has no other park adjacent to it for use by this area. We are also particularly in need of additional softball facilities. Last year they had 97 teams playing on four fields. Two lighted fields are proposed in this park. RESOLUTION NO. 1631 RESOLUTION ACCEPTING PROPERTY ON ARTHUR STREET DONATED TO THE CITY BY TEXAS ELECTRIC SERVICE COMPANY FOR PARK PURPOSES. WHEREAS, Texas Electric Service Company had donated to the City of Wichita. Falls, by deed dated January 9, 1975, a tract of land containing 11.42 acres, more 1106 w Item 12a, cont'd. or less located on Arthur Street between Avenue Y and Arizona Street, to be used for parks and recreation purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such donation and conveyance of said land is hereby accepted by the City of Wichita Falls, and the appreciation of the citizens of Wichita Falls is hereby expressed to Texas Electric Service Company for its generous contribution to the City. Moved by Alderman Campsey that Resolution No. 1631 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. v Alderman Boyd mentioned a letter he had received from an elderly man concern- ing alley closure and garbage pickup. It seems there are about 32 alleys in which maintenance is difficult and they are so narrow that even a pick up door cannot be opened in the alley, as stated by Ernest Lillard. The man who wrote the letter explained that he had received alley service for 17 years. Alderman Boyd felt that perhaps this should be our problem rather than that of the property owner. Perhaps we should modify some of our equipment or improve the alleys in order to continue this service. The City Manager stated that they would prefer picking up solid waste in the alleys, but both equipment and efficiency is being jeopardized. There are fences and utility poles in these alleys. Alderman Prothro was in agreement with the staff. The City Manager stated that he would be happy to contact these people to see what can be done. If nothing can be worked out they would like to close these alleys. The Council agreed on a 90-day time limit to receive an ans- wer from these people. Alderman Taylor stated that it seemed that 90 percent of these alleys are in his part of town. He is opposed to picking up this garbage anywhere except in the alleys. He believes there is a piece of equipment somewhere that will per- mit them to grade these alleys. The people who pick up the trash contribute as much to the problem as do the property owners. He feels the council should vote to assess them. Alderman Prothro requested that the subject of the fire training officer be placed on the agenda at the next meeting. ✓" Alderman Prothro stated that Dod Wiley, County Commissioner, wanted an exten- sion of the fire protection services contract. Moved by Alderman Prothro that the contract be extended to May 1, 1975, provid- ing that they provide proper liability services. /f f. Motion seconded by Alderman Campsey, and carried unanimously. Alderman Prothro suggested formation of a citizens committee to study and recommend to the City and County regarding expenses of the Wichita General Hospital. The City Manager stated that the County's reception toward this is fairly lukewarm. J. B. Jarratt has also requested to appear before the Council at the next meeting. No decision will be made until then. The meeting adjourned at 12:23 P.M. PASSED AND APPROVED this 4 �X_ day of 41,E c , 1975. ATTEST: City Clerlf DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: WICHITA COUNTYOF -------- ----------------------------- That CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS_ DULY AUTHORIZED OFFICERS Wichita (herein referred to in the si-igular, whether one or more) of..................._............__.........._..County, Texas, for and in consideration of..ONE...AND._N0/100-----------------------------...... _....Dollars ($J.2t�-D-----..._....... .-.') to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in.......... ..ichita _........... County, Texas, to wit: _ - Being described as a tract of land out of the Westmoreland Park acreage, out of Block 17 , League 1, of the Denton County School Lands , Abstract 58, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 788 , Page 40 , Deed Records of Wichita County, Texas . The center line of said distribution line being located and described as follows: BEGINNING at a point in the East line of above said tract, said point being one and one-half feet South of its Northeast corner: THENCE South 57 degrees West, parallel to the North line of said tract, 120 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances or. said line; the right to prevent the construction of,for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns,until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS ......................hand this......._..-................ day of ..................................._............................................ 19......... Company Agent or CITY _-CF,- WICHITA...FALLS.t...A--.MUNICIPAL . . .... ................. Employee Securing Easement: ATTEST CORPORATION .......-----•--....-. SEAL ......----•---............--__............................_....--............_.........................._. .••..• By• Gerald Fox, City Manager DATE 2-6 - 75 1 I J CONTROL NO. 3/0T 7-4-0- � f LOCATION NO. IA NEG. NO. 0-9 'a; MAP NO. 370 756 370 T54 �-M� SCALE /": /00 FDR NO. 1.511 L. S. N. W ZC H I TA FA i-j-s� T J±�!/: 5 T 158G/$ R� M 3 160607 3160 PL 1 4359(o �'P 1.59592 t ' I r.59577 CYPRESJ VTR E k N A 7 LP PLA, 1' i DISTRIBUTION EASEMENT .ANDRIGHT-C -WAY - THE STATE OF TEXAS ]KNOW ALL'MEN BY THESE PRESENTS: COUNTY OF l' ' -------------__J That T JF CI�'Y C):c nrTC I"'A r],.LZ S —r". r` l�•;•� P,y�`yy /, ,y�-(� `,'.L-�v'i01 COP'PO;.4a_..LI.J , \.i.LNM, BY AND THROUGH ITS M.TLY AUTh0RIZ'_F.D 0TFIC:.PS (herein referred to in the singular, whether one or more) of.................'. .-aL.................County, Texas, for and in consideration ----- :.-. Dollars ($..�. 1.................- :.:.) to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way fo. wi electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out b said Company, �� pang, along, over, under, across and upon the following described lands located in.._......`:''.�:�-•�=---. -:5::....._.._........... Runty, Texas, to wit: Being descriheJ, as a 23 . -16 ac_e tract of ' �_ 7 �_�r Out- o-. ;,loci. 3, o;= t` e Denton County Sc;.00l La1.O.s, Lea��uc 1 , :4iC"a1�c r 0ur U T y _'8:o :S , an(:-,' k`Gi ^g more part-'-, Cularly elesCribo_J In t lat certain deec", _ ,^_'ccrCied in T?o ll�":P 3C , Da je 132 and, t7orume 431o , P10,,e 77, D(ae_ < 'Rcc `rds of C'?:chimac: Co ntv, Texas . The center line of said distribution line being* located and described as follows : BEGI!*,! INN at a tioi nt in tree :Vast -i'-,Pv ].i_n<� of r, i rway Boulevard, said point being, 780 feet North of the Southwest corner of move said Block 27; THENCE South. 60 degrees East 630 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right.-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances on said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or ail buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, until said line shall be abandoned. And I do hereby bind myself,,my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS �_ �? l ' ......r� t,..t._::•:. . y...................................... ........................hand this._...:�..:.....`_ . day of - ..� Company Agent or ATTEST CITY OF a^TICHIT.A FV1il,S , A RRU\ICTPA.4 Employee Securing Easement: ......... j ..._......_C� 'u�s0'.?�n'SC)�'........................ ....................... 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