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Min 05/06/1969 18 Wichita Falls, Texas Memorial Auditorium Building May 6, 1969 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 2:30 P.M. , with the following members present: Kenneth Hill Mayor Don Wills X Harrison E. Taylor X Larry Lambert X Aldermen Dick Darner X Max Kruger X Cletus C. Schenk j Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas . City Clerk The invocation was given by Alderman Darner. Item 3 Moved by Alderman Kruger that minutes of the meeting held April 15, 1969, be approved. Motion seconded by Alderman Darner, and carried unanimously. Item 4 Elmer Parish, Attorney, appeared for Mrs. Boatwright and Mr. Harris, lessees of Guys and Dolls Danceland, in regard to a waiver of Section 14B of Subdivision Regulations. This section prohibits issuance of permits on unplatted property. For some undetermined reason the property was not platted, and the present owners refuse to do so. The lessees are requesting a waiver of this section of the ordinance for the reason of an undue hardship which would arise from strict compliance. It is the opinion of the Director of Planning that a pecuniary hardship is not justification alone for a waiver. The Planning Board has twice denied the request for waiver. Mr. Parish explained that the property is owned by Mr. and Mrs. D. L. Glenn, and that it would be a hardship on the lessees since they are not in a position to plat the property - only the owner may do that. They desire to construct a temporary 8 x 10 building mounted on wooden skids on the grounds. It is their contention that under Section 4 this situation meets all requirements for a waiver, and they request the City Council to grant a waiver in this case under an undue hardship. tie also explained that the only utility to be connected to the building would be electricity. Moved by Alderman Lambert that the variance be granted, . Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Kruger Nays: None (Alderman Schenk abstained from voting) . Item 5a , � . City Manager Gerald Fox reported that two alternate plans for financing the proposed Civic Center had been presented. It is the staff's recommendation that the Council consider eventual issuance of revenue bonds to be supported by a hotel-motel occupancy tax to purchase land, and that the County be requested to finance the remaining portion of the project which would include the building. The city has been notified by officials in Austin that legislation will validate taxes already voted, and allow funds to be used for amortization of bonds. This bill would set a maximum levy of three percent, with 1/6 of the proposed revenue being used for advertising or promotion of the facilities. It would seemingly allow cities in the future to levy such a tax. Three percent levy would bring in approximately $75,000. With 1/6 pledged for advertising and promotion purposes it would leave a net estimated amount of $62,000 which could be used to amortize bonds. This would decrease our ability to secure bonds to about $600,000. 19 i Item Sa, cont'd. ORDINANCE NO. 2500 AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A HOTEL AND MOTEL OCCUPANCY TAB:; PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION AND REPORTS CONCERNING THE TAX; PROVIDING FOR THE MAKING OF RULES AND REGULATIONS BY THE DIRECTOR OF FINANCE; PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. Moved by Alderman Taylor that Ordinance No. 2500 be passed. Motion seconded by Alderman Wills. Mayor Bill read a resolution of intent to not collect the hotel-motel occupancy tax until such time as a civic center has been approved by the voters. H. W. Fillmore, appearing for the hotel and motel owners in the city, clarified the intent of the Council to not invoke the occupancy tax until it has been approved by the voters. Upon this clarification, there were no objections from them. James P. Kiel., 2421 Fain, offered 25 acres of land at the intersection of F.M. 369 and Amarillo Expressway as a gift to the City and County if they want to consider it for a Civic Center. Mayor }sill thanked him for the offer, stating they would take it under advisement. The motion for passage of Ordinance No. 2500 was carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None RESOLUTION NO. 937 V" BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It is the intention of the Board of Aldermen that the hotel and motel occupancy tax levied by Ordinance No. 2500 shall not be collected until such time as funds have been approved by the voters for construction of a civic center in Wichita Falls. Moved by Alderman Lambert that Resolution No. 937 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5b A proposed ordinance was presented increasing refuse rates on certain properties abutting new alley paving. The property owners involved did not participate in prior payment of 50 percent of the total amount. ti- ORDINANCE NO. 2501 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Schenk that Ordinance No. 2501 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item Sc A proposed ordinance was presented restricting parking on East side of Broad Street from 8th to 9th, East side of Holliday from 14th to 16th, and East side of Jacksboro Highway from median opening south of Rathgeber Road to a point 800 feet north. " ORDINANCE NO. 2502 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. 20 Item 5c, cont'd. Moved by Alderman Darner that Ordinance No. 2502 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5d A proposed ordinance was presented establishing "no parking" on West side of Lamar Street from 8th to 9th between 4:30 P.M. and 6:00 P.M. / ORDINANCE NO. 2503 AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2503 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6a J Lloyd Rigby, Director of Parks and Recreation recommended a contract change in - ' Funland Concession lease to 10 percent of all annual income instead of a graduated j scale of payment. RESOLUTION NO. 938 i WHEREAS, heretofore the City of Wichita Falls entered into a contract with Wichita Falls Funland, Inc. dated July 12th, 1965 authorizing the operation of an amusement park in Week's Park; and, WHEREAS, both parties to said contract desire to amend paragraph three (3) of said contract so that it shall provide that Wichita Falls Funland, Inc. shall pay to the City as compensation under said contract an amount equal to ten per cent of all annual gross income received by Wichita Falls Funland, Inc. from the operation of said amusement park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such amendment to said contract dated July 12th, 1965, reducing the payments to an amount equal to ten per cent of the annual gross income, is hereby approved, and the City Manager is hereby authorized to execute such amendment to said contract. Said amendment shall be effective as of June 3rd, 1968. Moved by Alderman Kruger that Resolution No. 938 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6b A proposed resolution was presented authorizing a lease agreement with the Wichita Falls Boat Club at Lake Wichita. RESOLUTION NO. 939 ol BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT': That certain lease dated May 6th, 1969 from the City of Wichita Falls to the 21 Item 6b, cont'd. Wichita Falls Boating Club covering 1.75 acres of land adjacent to Lake Wichita for a term of 5 years is hereby approved and the City Manager is authorized to execute and deliver the same for the City. Moved by Alderman Lambert that Resolution No. 939 be passed for a 3-year lease. Don James, 5211 Allegheny, requested a 5-year lease instead of 3 in order that they might maintain and improve the area more. Moved by Alderman Schenk that the 5-year lease be approved. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6c Renewal of a lease agreement with Charles King for Fixed Base Operator and Fuel Service Agreement was considered. RESOLUTION NO. 940 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: : That certain Fixed Base Operator's Agreement and Aircraft Fuel Servicing Contract, between the City of Wichita Falls and Charles E. King, commencing March 1st, 1969, for a term of five years, with certain options to renew, concerning the operations at Wichita Falls Municipal Airport, is hereby approved, and the City Manager is hereby authorized to execute such contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 940 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk / Nays: None Item 6d A proposed resolution was presented authorizing proposals to property owners on Kell Freeway. i j RESOLUTION NO. 941 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved value, as determined from the appraisals, has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/ or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BUARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property Lot 9, Block 17-A, Highland Addition Lot 16, Block 67, Southland Addition Lot 18, Block 66, Southland Addition Lot 11, Block 66, Southland Addition 22 Item 6d, cont'd. Lot 10, Block 66, Southland Addition Lot 8, Block 66, Southland Addition Part of Lot 22, Block 61, Southland Addition i Part of East 50' of. Lot 7, Block 1, Brook Avenue Addition Part of Lot 11, Block B, Wyatt's Southside Addition Part of Lots 1 4 2, Block B, Wyatt's Southside Addition Part of Lot 8, Block A, Wyatt's Southside Addition Combined total of values approved in this resolution - $82,105.00. SECTION NO. 2 The approved 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, by Warranty Deed, such tracts of land as shown on the project right-of- way map. The authorized price to be paid for each tract is the state approved value 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 or 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. Moved by Alderman Schenk that Resolution No. 941 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 7 N, r4 Ben Shelton, Director of General Services, recommended award of the bid for Arms and Center Column for Trickling Filter Plant to Ralph B. Carter Company, Hackensack, New Jersey, in the amount of $9,650.52. Moved by Alderman Kruger that the bid be awarded as recommended. Motion seconded by Alderman Lambert, and carried unanimously. Item 8a Joe Smith, Director of Public Utilities, requested permission to advertise for ` bids on Phase I of the East Side Sanitary Sewer extension. Estimated cost of the first phase is $155,000. Moved by Alderman Wills that authority be granted to advertise for bids on Phase I. Motion seconded by Alderman Darner, and carried unanimously. r Item 8b Bob Hughey, Assistant City Manager, requested authority to offer for sale the city �.. property located at 1603 llth Street. U J Moved by Alderman Darner that a prior offer be rejected, and the property be offered for sale either on a sealed bid or by public auction. Motion seconded by Alderman Wills, and carried unanimously. 23 /Item 8c i r / Permission was requested to advertise for bids for concession contract at public parks. Moved by Alderman Schenk that authority be granted to advertise for concession rights at various parks. Motion seconded by Alderman Taylor, and carried unanimously. r Item 9 ' . Moved by Alderman Taylor that minutes of meetings of the following boards and commissions be received. 1 a. Park Board - April 22, 1969 b. Traffic Commission - April 8, 1969 c. Planning Board - April 9, 1969 d. Electrical Advisory Board - April 10, 1969 Motion seconded by Alderman Kruger, and carried unanimously. Item 10a L" Moved by Alderman Schenk that water reimbursement contract payments in the amount of $4,950.24, and sewer reimbursement contract payments in the amount of $1,335.26, be approved for a total amount of $6,285.50, as follows. Mary Lillian Singleton, Acting Independent Executrix of the Estate of George Singleton, Water, Singleton Addition, from April 1, 1968, to April 1, 1970; $1,526.57 Diary Lillian Singleton, Water, Singleton Addition, Section 3, from April 24, 1968, to April 24, 1969; $275.29 Lots, Inc. , Water, Colonial Park Addition, Section A, from April 10, 1968, to April 10, 1969; $38.31 International Paper Company, Water, Southwinds Estate Addition, Section 1, from March 1, 1968, to March 1, 1969; $2,724.05 Robert M. Puckett, Water, East Eden Hills, Section A-2 and A-3 of Exhibit A, from March 9, 1968, to March 9, 1969; $386.02 E. L. Cloer, Inc. , Sewer, Dittoe Heights Addition #2 from April 9, 1968, to April 9, 1969; $314.48 International Paper Company, Sewer, Southwinds Estate Addition, Section 1, from March 1, 1967, to March 1, 1968; $923.68 Robert b1. Puckett, Sewer, East Eden hills, Section A-2 and A-3 of Exhibit A, from March 9, 1968, to March 9, 1969; $93.48 W. B. Featherston, Sewer, Beverly Drive between 9th and Seymour highway, from April 10, 1968, to April 10, 1969; $3.62 Motion seconded by Alderman Taylor, and carried unanimously. Item 10b Consideration was given to cost estimates in the application from Community Center for Mental Health and Mental retardation Services for their request for federal and state funds. Total cash and in-kind contributions for the City amount to $25,610.43. Moved by Alderman Lambert that the application be accepted insofar as cost estimates are listed. Motion seconded by Alderman Schenk, and carried unanimously. 24 1 Item 10c 4 d YF , Fi Mayor Hill recommended the following Council appointments: i ✓a. Mayor Pro tem - Max Kruger ,,b. Park Board - Dick Darner ✓c. Planning Board - Don Wills ,/d. Traffic Commission - Larry Lambert e. Nortex Regional Planning commission - Cletus Schenk, Harrison Taylor, Larry Lambert ✓f. Human Relations Commission - Harrison Taylor /g. Community Relations Commission of Wichita Falls State Hospital - Cletus Schenk Moved by Alderman Wills that the recommended appointments be approved. Motion seconded by Alderman Taylor, and carried unanimously. 1 Item l0e w Approval of an addendum to contract with Pinnell and Associates under the ( % Sanitation study was recommended by John J. Roark, Director of Public Works. This addendum sets out the specific task to be completed during the second fiscal year, and will not change the total contract price. Moved by Alderman Kruger that approval of the addendum be granted. Motion seconded by Alderman Darner, and carried unanimously. u Item 10f Appointment of the auditing firm of Jarratt, Cocke, and Tillery for the fiscal year 1968-69 was recommended by Jerry Dunn, Director of Finance. Moved by Alderman Lambert that Jarratt, Cocke, and Tillery be appointed as ll independent auditors for 1968-69. Motion seconded by.Alderman Wills, and carried unanimously. Item 11 ✓, Paul Yeager, Director of Public Safety, requested that the Council approve purchase of a lot at 1009 Bluff Street. This lot is adjacent to Central Fire Station, and will ultimately be used for building expansion to the existing fire station. Amount of the purchase is $5,000. Moved by Alderman Schenk that approval of the purchase be granted. Motion seconded by Alderman Taylor, and carried unanimously. , Item 12 r A resolution in memoriam to Professor A. L. Holland was read. ,/ RESOLUTION NO. 942 WHEREAS, on Thursday, April 24, 1969, Mr. A. E. "Professor" Holland, died at the age of 93 years old, in the City of Wichita Falls, which had been his home for 47 years; and, WHEREAS, Mr. Holland was one of the most distinguished citizens of the City of Wichita Falls and of the teaching profession; and, WHEREAS, the City of Wichita Falls is fortunate to have been blessed with the capabilities of such a man; and, WHEREAS, Mr. Holland is considered one of this States and Nation's greatest Negro Leaders; and, WHEREAS, many of the children and citizens of our City have benefited greatly from such an outstanding individual as Mr. A. E. Rolland. 25 Item 12, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the sorrow of the entire community of Wichita Falls be expressed at the death of Mr. A. E. Holland, that the appreciation of the City and its citizens be expressed for the many services performed by him during his lifetime, and that the sympathy of the people of Wichita Falls be extended to the members of his family and to all of those who knew him best. Moved by Alderman Taylor that Resolution No. 942 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 13 Mayor Hill recommended appointment of Aldermen Schenk, Wills, and Taylor to negotiate an extension of Gold Cross Ambulance contract. Moved by Alderman Lambert that the recommended appointments be approved. Motion seconded by Alderman Kruger, and carried unanimously. f Y Mr. Fred Mitchell, 709 Loban Street, appeared in regard to a drainage problem j in his area. After some discussion between the Council, Mr. Mitchell, and Air. Roark, it was Mr. Roark's recommendation that Mr. Mitchell try to find out if the people in this area would favor a reconstruction program, and if they would be willing to be assessed for curb and gutter and drive approaches; that he would recommend re- construction in two phases if they so desired. }}e further explained that the ter- rain is so flat that there could not be a temporary solution; only curb and gutter. The Council suggested that Mr. Mitchell submit a petition from the area residents, stating their desires, and what they would be willing to do. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Kruger, and carried unanimously. The Board of Aldermen adjourneed� at 4:25 P Ji. PASSED AND APPROVED this � d/`day of 1969. Mayor ATTEST: City Clerk'