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Min 08/19/1969 60 Wichita Falls, Texas Memorial Auditorium Building August 19, 1969 Items 1 4 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 o'clock P.M. , with the following members present: Kenneth Bill Mayor Don Wills X Larry Lambert X Aldermen Dick Darner X Cletus Schenk X Gerald Fox City Manager if. P. Bodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison Taylor Absent Max Kruger Absent The invocation was given by Alderman Lambert. Item 3 Moved by Alderman Schenk that minutes of the meeting held July 15, 1969, be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 4 Jerry Dunn, Assistant City Manager, recommended approval of an appropriation ordinance for expenditures on Fire Department improvements under 1967 Capital Improve- ments bonds. t� ORDINANCE NO. 2518 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-000-4543, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2518 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None Item 5a A proposed ordinance was presented increasing refuse rates on certain properties abutting new alley paving. ORDINANCE NO. 2519 �r ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Schenk that Ordinance No. 2519 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None f Item 5b A proposed ordinance was presented awarding contracts on Old Seymour Road project, and setting the date of October 14, 1969, for a benefit hearing. Timmins and Anderson t 61 Item 5b Cont'd. submitted the low bid in the amount of $88,096.00 for construction of curb and gutter, sidewalk, and drive approaches, and Asphalt Pavers, Inc. submitted the low bid in the amount of y65,349.00 for hot-mix asphaltic concrete. ORDINANCE NO. 2520 v AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT OLD SEYMOUR ROAD FROM MCNIEL AVENUE TO SANTA FE STREET AND AVENUE K FROM ARTHUR STREET TO KEMP BOULEVARD, IN THE CITY OF WICHIT'A FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF TIIE Oh'NERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THL CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OT11ER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2520 be passed, approving the low bids as incorporated in the ordinance, and setting the date of October 14, 1969, for the benefit hearing. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None Item Sc r A proposed ordinance was presented awarding bids on Archer-Hamilton-11ampstead Project, Phase II, and setting the date of the benefit hearing on October 14, 1969. Stuckey Construction Company submitted the low bid in the amount of $121,955.00 for curb and gutter, sidewalk, and drive approaches, and Heber Brantley submitted the low bid of �18,900.00 for hot-mix asphaltic concrete. ORDINANCE NO. 2521 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT M,IDWESTERN PARKWAY (ARCHER-IiAMILTON-HAI�IPSTEAD) PHASE II (THIRTY-SEVENTH STREET AND THIRTY EIGHTH STREET) FROM U.S. HIGHWAY NO. 281 TO U.S. HIGHWAY NO. 281 EXPRESSWAY, IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF TIIE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING TIIE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING T11E CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2521 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None Item 5d r' A proposed ordinance was presented changing; the subdivision regulations to provide for a maintenance bond on sewer lift stations instead of a lump sum payment by the developer for operating and maintenance cost for a period of five years. d V ORDINANCE NO. 2522 ORDINANCE AMENDING SECTION 10, PARAGRAPH H OF ORDINANCE NO. 21180 THE SUB- DIVISION REGULATIONS TO PROVIDE FOR A MAINTENANCE BOND ON SEWER LIFT STATIONS. Moved by Alderman Lambert that Ordinance No. 2522 be passed. 62 Item 5d Cont'd. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen bills, Lambert, Darner, and Schenk Nays: None Item 5e A proposed ordinance was presented by Weldon C. Franklin, Director of Planning and Traffic, establishing a no parking zone on the west side of Grace Street in Y3 the 1000 Block from the alley south to llth Street. ORDINANCE NO. 2523 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2523 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None i Y Item 5f Weldon C. Franklin, Director of Planning and Traffic, recommended that maximum driveway width for service stations be increased from 35 feet to 40 feet to improve ingress and egress. ` ORDINANCE NO. 2524 AN ORDINANCE AMENDING SUBPARAGRAPH 2 OF PARAGRAPH (c) SECTION 27-24.5 OF TIIE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING THE MAXIMUM DRIVEWAY APPROACH WIDTH. Moved by Alderman Schenk that Ordinance No. 2524 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None Item 5g City Manager Gerald Fox explained that in early July Cowden Cab Company had re- quested a rate increase. A comparison with other cities indicates that the proposed increase would be favorably compared. Ile recommended approval of the ordinance based upon income and expense statements, that the new rates would provide a profit- able operation, and that the new rates favorably compare with cities of our size, and some larger. Ile also recommended that the Council expect that ten new cabs be placed in operation within the next 60 days, and that 7-10 cabs be replaced annually. ` ORDINANCE NO. 2525 AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1631, AS AMENDED, INCREASING THE RATE OF FARE TO BE CHARGED FOR ONE PERSON, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2525 be passed. Motion seconded by Alderman Wills, and after a few comments by Judge Fillmore (attorney for Mr. Cowden) and Robert R. Cowden, it was carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner, and Schenk Nays: None (Alderman Lambert abstained from voting.) 63 ✓ Item 5h City Manager Gerald Fox also recommended approval of certain amendments to the Taxicab Ordinance. ORDINANCE NO. 2526 AN ORDINANCE AhIENDING ARTICLE II OF CHAPTER 31 OF THE CODE OF ORDINANCES, ELIMINATING THE ANNUAL LICENSE FEE FOR EACH TAXICAB, AUTHORIZING THE CHIEF OF POLICE TO APPROVE CIAUFFEUR'S LICENSE, CHANGING THE RESIDENCE REQUIREMENTS FOR CHAUFFEUR'S LICENSE, CHANGING REQUIREb1ENTS OF TAMIETER INSPECTIONS, AND PROVIDING FOR INSPECTION OF TAXICABS. Moved by Alderman Schenk that Ordinance No. 2526 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner, and Schenk Nays: None (Alderman Lambert abstained from voting.) Item 6a John P. Ruhmann, Director of Water Development, recommended passage of a resolution approving a new lease form (copy attached) for lots at Lake Kickapoo. RESOLUTION NO. 969 BE IT RESOLVED BY THE BOARD OF ALDEIUIIsN OI' THE CITY OF WICHTIA FALLS, TEXAS, TI AT: SECTION 1. That upon the expiration of the present leases on lots at Lake Kickapoo, the City Manager is authorized to execute new leases covering said lots, which shall be prepared on lease forms similar to the form attached hereto. SECTION 2. The term of such leases shall be twenty-five years. SECTION 3. The rental on all such leases shall be $36.00 per year; provided, however, whenever a lease is owned by a non-resident of the City of Wichita Falls, the annual rental shall be increased $5.00 per year to cover correspondence and bookkeeping costs„ Moved by Alderman Darner that Resolution No. 969 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen bills, Lambert, Darner, and Schenk Nays: None Item 6b A proposed resolution was presented authorizing proposals to property owners on Kell Freewgy. r RESOLUTION NO. 970 WHEREAS, it :is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WIILREAS, 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. NOI�, THEREFORE, BE IT RESOLVED BY THE BOARD 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: 64 Item 6b Cont'd. Kell Freeway - Project 52-071 Property Lots 7 and 8, Block D Kemp Kell and Joline Addition Part of Lot 23, Block 61 Southland Addition Lot 7, Block 64 Southland Addition Part of Lot 7, Block 104-A Highland Addition Combined total of values approved in this resolution - $65,532.00 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. 970 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Dills, Lambert, Darner, and Schenk Nays: None Item 6c A proposed resolution was presented authorizing proposals to property owners on Archer-Hamilton-Hampstead project, Phase II. y ✓ d RESOLUTION NO. 971 � 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 an independent appraiser employed for this purpose by the City, and the amount of the appraisal has been studied by the Board of Aldermen, and is now in the possession of the Director of Public [-orks and/or Assistant City Manager. NOW, THLREFORE, BE IT RESOLVED BY THE BOARD 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: Midwestern Parkway--Project 52-074 (Archer-Hamilton-Hampstead) Property- Phase II Lot 20, Block 19, Hillcrest Addition Lot 22, Block 19, Hillcrest Addition L. 20' of Lot 18 and all of Lot 19, Block 21 Hillcrest Addition Lot 263, Block 200 Hillcrest Addition Lot 28, Block 20, Hillcrest Addition 65 Item 6c Cont'd. Lot 27, Block 24, Hillcrest Addition Lot 28, Block 24, liillcrest Addition Lot 29, Block 24, liillcrest Addition Lots 30 and 31, Block 24, Hillcrest Addition Lots 32 and 33, Block 24, Hillcrest Addition Combined total of appraisals approved in this resolution - $94,850.00 SECTION NO. 2 The appraised value of such properties are hereby approved and the City Manager is hereby authorized to purchase, 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 appraised value as determined by the independent real estate appraiser employed'; by the City. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such appraised values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts. Moved by Alderman Wills that Resolution No. 971 be passed. Motion seconded by Alderman Darner, and carried by the following vote:, Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None l Item 6dr A proposed resolution was presented authorizing sale of property to Texas highway f Department on Kell Freeway project. RESOLUTION NO. 972 WHEREAS, the City of Wichita Falls and the Texas Highway Department are co- operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, by contract signed January 31st, 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way for this project; and, KhEREAS, the eight parcels hereinafter described were acquired and paid for by the City of Wichita Falls during the hardship phase of right-of-way acquisition, and the Texas Highway Department has approved the full appraised value as determined by appraisers employed by the City, and the parcels were purchased by the City for such appraised values; and, WHEREAS, the 'Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the total appraised values of these parcels as soon as deeds thereto from the City to the State of Texas have been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN 01, THE CITY OF WICHITA FALLS, 'TEXAS, THAT: The Mayor, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute deeds conveying unto the State of Texas ,the follow- ing tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 110, 117, 282, 343, 378, 379, 482, and 573, all of which are specifically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deeds shall be the sum of fifty percent (500) reimbursement of the value of Seventy-Nine Thousand Three hundred Forty-Two (�79,342.00) Dollars of the said property under the terms of the above mentioned contract. Such deeds shall reserve all of the oil, gas and sulphur under the lands conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deeds shall contain a general warranty. Moved by Alderman Lambert that Resolution No. 972 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: 66 Item 6d Cont'd. Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None ✓ i Item 6e A proposed resolution was presented accepting improvements under the 1969 slurry seal program. RESOLUTION NO. 973 WHEREAS, the City of Wichita Falls, as owner, and Jimmie Foster Construction Company, as contractor, entered into a contract dated March 18, 1969, wherein said con- tractor agreed to provide all improvements under the 1969 Slurry Seal Program; and, WHEREAS, this project has been completed in accordance with the plans and speci- fications; and, WHEREAS, a final estimate has been furnished on such project, which shows the total amount of work done as ; 23,240.90. NOWA THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERHEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The improvements under the 1969 Slurry Seal Program by said contractor is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay to said contractor the balance due as shown on such estimate. Moved by Alderman Darner that Resolution No. 973 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None i ✓ — — — — — — — — — Item 6f A proposed resolution was presented ratifying the contract with M. 0. Rife, Jr. , and Strawn Drilling Company on Lake Arrowhead settlement. RESOLUTION NO. 974 WHEREAS, on June 17, 1969, the Board of Aldermen of the City of Wichita Falls, Texas approved a certain contract with M. 0. Rife, Jr. and Strawn Drilling Company concerning the settlement of a lawsuit and operation of an oil and gas lease which was partially inundated by Lake Arrowhead; and, WHEREAS, such contract was thereafter executed and filed for record, and the City of Wichita Falls has been requested to ratify and confirm said contract by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDEMEN OF THE CITY OF WICHITA FALLS, TEXAS, "I'IIA"I': That certain contract between the City of Wichita Falls and M. 0. Rife, Jr. and Strawn Drilling Company, dated July 7, 1969, and recorded in Volume 256, Page 280, Clay County Deed Records is hereby approved, and the execution of said contract for the City of Wichita Falls by Kenneth Hill, Mayor, is hereby ratified and confirmed. Moved by Alderman Wills that Resolution No. 974 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None 67 1 ✓ V � Item 6g A proposed resolution was presented appointing the Purchasing Agent as Commissioner to sell properties bought in tax sales. RESOLUTION NO. 975 Ef WHEREAS, heretofore the City of Wichita Falls has purchased properties at tax sales directed by the judgment of a court in which a tax lien was foreclosed, and it is anticipated that such properties will be purchased by the City in future tax sales; and, WU RLAS, Article 7345b, Revised Civil Statutes of Texas, provides for sale of such properties by a Commissioner appointed by resolution of the governing body. NOW, THLREFOIE, BE IT RESOLVED BY THE BOARD OF ALDERMEN Of,' THE CITY OF WICHITA FALLS, TEXAS, THAT: The Purchasing Agent for the City of Wichita Falls is hereby appointed Commissioner to make sales of properties purchased by the City at tax sales. Moved by Alderman Schenk that Resolution No. 975 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None 1 Item 6h A proposed resolution was presented authorizing the City ?Manager to execute the contract for the new Health Center. RESOLUTION NO. 976 WHEREAS, on June 20, 1969 the City of Wichita Falls opened bids for the construct- ion of the Wichita Falls Public Health Center; and, WHLRLAS, the firm of H. A. Vordenbaum E; Sons was the low bidder on this project. NOW, THERLFORii , BE IT RESOLVED BY THE BOARD OF ALDERHEN OF THI: CITY OF WICHITA FALLS, TEXAS, THAT: The bid of 1,.I. A. Vordenbaum 4 Sons with negotiated and alternate bid deductions is accepted, and the contract for the construction of the Wichita Falls Public Health Center is awarded to the said M. A. Vordenbaum & Solis. The Aiayor or the City A;anager is hereby authorized to execute said contract for the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 976 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None `' Item 7a - - - - - - - - - It was recommended by Ben Shelton, Director of General Services, that the low bid for 180 tons of chlorine for Water Purification Department be awarded to S.E.C. Corporation of Fort: Worth, in the amount of $15,840.00. Moved by Alderman Schenk that the bid for chlorine be awarded as recommended. Notion seconded by Alderman Darner, and carried unanimously. Item 7b JBids were considered on the sale of four fire stations. It was the City Manager's recommendation that all bids be rejected on Kemp Street Fire Station (3400 Kemp) and Buchanan Street Fire Station (1800 Buchanan) . Ile also recommended acceptance of 68 Item 7b Cont'd. the high bid of Harold Blow in the amount of $3,025.06 for the Flood Street Fire Station (715 Flood) , and the high bid of Leon Flake in the amount of $2,610.00 for the Jefferson Street Fire Station (505 Jefferson) . Moved by Alderman Schenk that the City Manager's recommendations be accepted; that bids be awarded on Jefferson and Flood Street Fire Stations, and that bids on Buchanan and Kemp Street Fire Stations be rejected, and negotiate between now and September 1, 1969, or readvertise for bids. Motion seconded by Alderman Darner, and carried unanimously. Item 8a - - - - - - - - - t. Weldon C. Franklin, Director of Planning and Traffic, requested permission to sell r the following surplus city-owned property. a. Lots 1-7, Block 33, Original Township, 800 Washington b. Lots 6 and 7, Block 134, Original Township, 100 6th c. 70' x 150' of Lot 19, Petrolia Gardens, Pecan Grove Moved by Alderman Schenk that authority be granted to advertise for bids on these three surplus city-owned properties. Motion seconded by Alderman Wills, and carried unanimously. Item 8b Weldon C. Franklin, Director of Planning and Traffic, requested permission to advertise for bids on traffic signal equipment at the following locations: t a. Hampstead (Midwestern Parkway) and Jacksboro Highway b. Archer (Midwestern Parkway) and Taft c. Kemp Boulevard and Avenue K Moved by Alderman Schenk that authority be granted to advertise for bids for traffic signal equipment, as requested. Motion seconded by Alderman Lambert, and carried unanimously. ' Item 8c f John J. Roark, Director of Public Works, requested permission to advertise for bids for an irrigation system to be installed in the median on Archer-Hamilton-Hampstead project (Midwestern Parkway) . Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. Item 9 Moved by Alderman Lambert that minutes of the meeting of the Traffic Commission held July 8, 1969, be received. Motion seconded by Alderman Wills, and carried unanimously. ✓ Item-10a Moved by Alderman Schenk that water reimbursement contract payments in the amount of $1,734.72, and sewer reimbursement contract payments in the amount of $1,619.34, be approved for a total amount of $3,354.06, as follows: Robert G. Seabury, Water, Somerset Park Exhibit A. from July 26, 1968, to July 26, 1969; $97.66 69 Item 10a Cont'd. IV. B. Hursh, Estates, Water, Hursh Estates Subdivisiop,Section Two, from July 1, 1968, to July 1, 1969; S426.77 Wichita Building Corporation, Water, Sikes Estate Addition, Section D, from July 8,, 1968 to July 8, 1969; $871.10 R. D. Montgomery, Water, LeFall Heights Addition, Section Two, from July 15, 1968, to July 15, 1969; $339.19 R. D. Montgomery, Sewer, LeFall Heights Addition, Section Two, from July 15, 1968, to July 15, 1969; �97.63 Wichita Building Corporation, Sewer, Sikes Estate Addition, Section D, from July 8, 1968, to July 8, 1969; $163.14 C.W.L. Dennis and Elmer L. Dennis, Dennis Construction Company, Sewer, Sections A-5 of university Park Subdivision, from July 27, 1968, to July 27, 1969; $230.81 Mr. E. E. Cloer, Sewer, Ditto heights Addition, from July 31, 1968, to July 31, 1969; $650.17 Robert G. Seabury, Sewer, Somerset Park Exhibit A, from July 26, 1968, to July 26, 1909; $25.70 Ilughes Development Company, Sewer, Southern hills Section of Ditto Heights Addition, from July 25, 1968, to July 25, 1969; $451.89 Motion seconded by Alderman Wills, and carried unanimously. Item lob The paving assessment of J. B. Cheek on Lot 8, Block 5, J. W. Thomas Addition (Revere Street) was considered. John J. Roark, Director of Public Works, recommended that in order to be fair to all property owners in the assessment paving program, that his assessment in the amount of $525.00 stand as was originally notified. [Moved by Alderman Darner that the recommendation of fir. Roark be accepted; that the assessment stand as fixed at $525.00. Motion seconded by Alderman Schenk, and carried unanimously. Item 11 A proposed resolution was presented approving an Agreement of Extension of Time between the Waggoner Estate, the City of Wichita Falls, and Wichita County Water Improvement District No. 2, from May 15 to October 15, 1969. This extension of time is in regard to acquiring additional flowage easement rights for the Lake Kemp project. RESOLUTION NO. 977 WHEREAS, the IV. T. Waggoner Estate, the City of Wichita Falls and Wichita County Water Improvement District No. 2 heretofore entered into a contract of sale dated June 29, 1968, recorded in Volume 177, Page 823 of the Deed Records of Baylor County, Texas, which provided among other things, that the City and the Water Imp- rovement District would commence proper and appropriate eminent domain proceedings on or before May 15, 1969 to acquire certain additional flowage easement rights provided a settlement as to such interests has not been obtained before such date; and, WHEREAS, it was anticipated that the Army Corps of Engineers would award a contract for the reconstruction of the dam and spillway at Lake Kemp prior to May 15, 1969; and, WHEREAS, the Corps of Engineers did advertise for and open bids on such construct- ion project; however, thereafter the Corps of Engineers rejected all of the bids; and, 70 Item 11 Cont'd. WHEREAS, it was deemed advisable to postpone the date by which eminent domain proceedings should be commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain "Agrement of Extension of Time" between the W. T. 1%aggoner Estate, the City of Wichita Falls and Wichita County Water. Improvement No. 2, extending such period of time from May 15, 1969 to October 15, 1969 is hereby approved, and the mayor is authorized to execute said agreement for the City of Wichita Falls. Moved by Alderman Wills that Resolution No. 977 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None . / Item 12 A proposed ordinance was presented abandoning a certain reserved easement in Ordinance No. 2505. This easement is not now needed since another plat has been filed by the Wichita County 4-11 Livestock Association showing sufficient easement. / / ✓ / ORDINANCE NO. 2527 AN ORDINANCE ABANDONING A CERTAIN EASEMENT RESERVED IN ORDINANCE NO. 2505, WHICH CLOSL•I) A SECTION OF BRIDWELL STREET. Moved by Alderman Lambert that Ordinance No. 2527 be passed. ;Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, and Schenk Nays: None Lester Taylor, 4512 Pasadena, appeared requesting a temporary residence for his daughter on a lot next to his home, where he has begun construction of a house. She has a mobile home, and desires to locate it on that lot while her husband is in military service, for a period not to exceed two years. lie stated that he already had electrical and sewer facilities connected to the lot. Cliff Franklin, Director of Planning and Traffic, explained that they could approve a pre-fabricated type structure only if it meets the standards set out in .the building code. Since they cannot properly inspect a mobile home they do not know if it would meet the required standards, and he would recommend that the request be denied. Mr. Taylor requested an exception to the plumbing code on the grounds that the mobile home has plastic pipe instead of cast iron pipe. lie explained that at the end of last week there was no mobile home park in Wichita Falls which has space for a 10 x 60 foot trailer. After much discussion, it was recommended by Alderman Schenk that this matter Co be studied until the next uncil meeting on September 2, and they requested that Mr. Taylor be present at that time. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 4:20 P.M. PASSED AND APPROVED this day of 1969. ATTEST: 01 A/Z Diayor City Clerk i , u THE STATE OF TEXAS ) COUNTY OF WICHITA ) This agreement made and entered into on the day of , 19 , by and between the City of Wichita Falls , a municipal corporation, acting through its City Manager, hereinafter called Lessor, and hereinafter called Lessee, Witnesseth: For and in consideration of the sum of Dollars per year, payable on or before the 1st day of October each year during the life of this Contract, Lessor leases to Lessee for a period of twenty-five (25) years the following described real property, to-wit: Lot No. , Block , Lake Kickapoo, Archer County, Texas , according to the plat on file in the office of the Director of Parks and Recreation, upon the terms and conditions herein- after set out: 1 . Lessee agrees to construct a building on the premises in accordance with plans and specifications approved by Lessor at a location on said premises approved by Lessor; such plans and specifications to be furnished by Lessee at his own expense and such building to be completed within two years from the date of this contract. No building, fence, landing dock, or other structure of any kind shall be placed on the premises without the approval of Lessor. If the Lessee does not complete such building within two years , Lessor has the option of cancelling this lease. 2. Lessee agrees that he will not use the leased premises nor any part thereof for commercial purposes , but only for residential purposes. 3. Lessee agrees that he will keep the- premises clean and will provide such facilities for the disposal of trash , garbage, and waste matter as Lessor shall require, it being recognized by both Lessor and Lessee that the primary purpose of Lake Kickapoo is to sup.p.ly the City of Wichita Falls with water for human consumption. 4. Lessee shall provide sewage disposal facilities in accordance with State Health Department and City of Wichita Falls standards. Septic tanks shall be the only sewage disposal facility used- on the leased premises. The septic tanks shall be at least 500 gallon capac_ity,with tile drain field of 100 feet or more if pressure water system is used. ' -2- 5. Lessee agrees to obey the following rules and regulations: a. No farm stock shall be kept on said premises , except as may be sanctioned in writing by the health officer of said City of Wichita Falls. b. Said premises shall be kept clean and free of all papers, cans , garbage, and other offensive objects. All garbage shall be placed in containers with tight fitting lids provided for this purpose. It will be permissible to burn all combustible garbage, but all non-combustible garbage shall be hauled to an approved burial place and buried. C. No dock or boat houses shall be constructed on said premises unless authorized by the Lessor. d. No fences shall be built except around the property set out in this lease. e. Fishing and hunting rights shall be subject to state laws and regulations and control of the Lessor. Hunting shall be limited to hunting waterfowl on the water with shotguns. f. Lessee shall be responsible for and accountable to the Lessor for the conduct and acts of all members of his family and guests while on the Lake Kickapoo grounds. g. Said premises shall not at any time be used in any manner or for any purpose in conflict with or contrary to the penal statutes of the State of Texas or ordinances of the City of Wichita Falls. h. Lessee further agrees to abide by any additional rules and regulations promulgated by the Lessor. 6. Lessee agrees that he will not assign this lease nor sublet the whole or any part of the leased premises to any person, firm, or corporation with- out the consent of Lessor in writing. 7. It is agreed by and between the parties hereto that if Lessee be- comes an unsatisfactory tenant for any reason, or if Lessee breaches any of the covenants contained herein, Lessor shall have the right at any time to cancel this lease and shall proceed to dispose of Lessee' s interest therein in the following manner: Lessee shall have 60 days from the date of the cancellation of this lease -3- agreement by Lessor in which to dispose of his property to some person or persons satisfactory to Lessor, or Lessee may, during the same 60 days if he prefers , move any improvements he has placed on the premises , but if Lessee chooses to move his improvements he shall not damage to any extent any property belonging to Lessor or to any other person in so doing. If at the expiration of such 60 day period, Lessee has not disposed of his interests in the leased premises and has not removed his improvements therefrom, Lessor shall have the right to enter upon premises and sell to the highest bidder at either a public or private sale all of Lessee's interests in this lease and the improvements placed on the premises. The receipts from said sale shall be applied first to the expense of holding the sale, second to any indebtedness owed- by Lessee or Lessor and the remainder shall be paid to Lessee and shall be received by him as full payment of and for all his rights , title and interest in and to the leased premises and all improvements thereon. Provided, however, that said 60 day waiting period shall not prevent Lessor' s right to immediate action to abate any nuisance. 8. It is further agreed and understood by and between the Lessee and Lessor that in the event the Lessor desires to use the within described property for the purpose of raising the water level in Lake Kickapoo by raising the dam thereof, then Lessor may give the Lessee- notice in writing of such desire and upon receipt of the same, the Lessee shall forthwith remove any property that he has on said lands so that the same will not conflict with the use of the same as desired by the City. The letter directed to the last known address of the Lessee, as shown by the records of the Director of Parks and Recreation , shall be construed to be adequate notice under this provision. In the event Lessee fails to remove his said property from the lands within one hundred twenty (120) days after such notice, then in that event Lessor may remove the same and Lessee agrees to pay Lessor the cost thereof, including the reasonable cost of supervision. Rent shall be pro-rated for the time actually used by Lessee. In no event shall the City of Wichita Falls (Lessor) , its agents, ser- vants or employees, be liable for any damages , breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. 3 , -4- The opinion of the majority of the Board of Aldermen as to the necessity of cancellation of such lease shall be conclusive upon the parties hereto. CITY OF WICHITA FALLS, TEXAS City Manager LESSOR ATTEST: City Clerk LESSEE Address Approved as to Form City Attorney