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Min 09/02/1969 71 Wichita Falls, Texas Memorial Auditorium 'Building September 2, 1969 I 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 o'clock P.M., with the following members present: Kenneth Hill Mayor Don Wills X Harrison Taylor X Larry Lambert X Aldermen Dick Darner X Cletus C. Schenk X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The invocation was given by Alderman Wills. Item 3 Moved by Alderman Schenk that minutes of the meeting held August 19, 1969, be approved. Motion seconded by Alderman Darner, and carried unanimously. - Item 4 Mr. Lester Taylor, 4512 Pasadena, appeared in regard to placing a mobile home on a lot behind his house for his daughter and grandson to occupy while his son-in-law is in military service. He explained that even if there were room in a trailer park for this 12 x 60 foot trailer, that the cost of trailer space would be prohibitive for her. Alderman Schenk and various other members of the Council explained that they could not grant a variance to the ordinance to one party without opening the door to other requests; that no variances should be granted as long as the mobile home situat- ion is under study. Moved by Alderman Wills that the request be denied in order to maintain the consistency of the code. Motion seconded by Alderman Darner, and carried unanimously. Item 5 John J. Roark, Director of Public Works, recommended that the date for benefit hearings on old Seymour Road, and Archer-Hamilton-Hampstead, Phase II, be rescheduled for October 21, 1969, to coincide with the regularly scheduled council meeting date, instead of October 14, 1969. / ORDINANCE NO. 2528 AN ORDINANCE AMENDING ORDINANCE NO. 2520; 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 WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; AMENDING PARAGRAPH IV OF ORDINANCE NO. 2520, DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2528 be passed. 72 Item 5 cont'd. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None J ORDINANCE NO, 2529 f f AN ORDINANCE AMENDING ORDINANCE NO. 2521; APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT MIDWESTERN PARKWAY (ARCHER-HAMILTON-HAMPSTEAD) PHASE II (THIRTY-SEVENTH STREET AND THIRTY-EIGHTH STREET) FROM U.S. HIGH- WAY 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 THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED; AMENDING PARAGRAPH IV OF ORDINANCE NO. 2521; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROP- RIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Wills that Ordinance No. 2529 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None I Item 6a A proposed resolution was presented calling a public hearing on a temporary loan. RESOLUTION NO. 978 WHEREAS, the City of Wichita Falls has heretofore executed a promissory note payable to the order of the City National Bank in Wichita Falls in the principal amount of three hundred fifty thousand dollars ($350,000); and, WHEREAS, this promissory note is due on September 30, 1969, and it is deemed advisable to make a new temporary loan from said bank in order to renew and extend part of the unpaid, balance on said note. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the regular meeting of the Board of Aldermen on September 16, 1969 at 2:30 o'clock p.m. in the Council Room in Memorial Auditorium, an ordinance authorizing such a loan shall be considered by the Board of Aldermen. Moved by Alderman Schenk that Resolution No. 978 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, and Schenk Nays: None (Alderman Wills abstained from voting) . r Item 6b A proposed resolution was presented approving an agreement with Holliday re- garding extraterritorial jurisdiction. ✓ ✓ RESOLUTION NO. 979 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, / THAT: That certain agreement between the City of Wichita Falls, Texas and the Town of Holliday, Texas, in which they agree to apportion between them the area of overlap of the extraterritorial jurisdiction of the two municipalities, is hereby approved, and the mayor is authorized to execute the same for the City of Wichita Falls. 73 Item 6b cont'd. Moved by Alderman Schenk that Resolution No. 979 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Mr. Karl Wilks, City Secretary of Iowa Park, appeared in regard to their extra- territorial jurisdiction boundary. He requested that their boundary lines come out to Rifle Range Road. This was not agreeable to the City of Wichita Falls. The boundary proposed by the City would be along an established survey line. RESOLUTION NO. 980 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement between the City of Wichita Falls, Texas and the City of Iowa Park, Texas, in which they agree to apportion the area where the extraterritorial jurisdiction of the two municipalities overlap, is hereby approved, and the mayor is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 980 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 6c A proposed resolution was presented authorizing sale of property to Texas Highway Department on Kell Freeway project. 1 ✓ RESOLUTION NO. 981 I WHEREAS, the City of Wichita Falls and the Texas Highway Department are co- operating in the construction of Kell Freeway, Project S2-071, 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, WHEREAS, 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 OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor, acting for an 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 204, 217, 230, 369, 410, 411, 438, and 670, 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 (50%) reimbursement of the value of Seventy-Five Thousand Six Hundred Forty-Two ($75,642.00) 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. 74 Item 6c cont'd. Moved by Alderman Wills that Resolution No. 981 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 6d A proposed resolution was presented authorizing proposals to property owners on North Beverly project. RESOLUTION NO. 982 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 BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, EMT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: North Beverly-Project 52-072 Property A 0.0478 acre tract of land out of the J. Wheeler Survey, Abstract 377 and M. C. Napier Survey Abstract 778, being a part of the land described in Vol. 500, Page 477, Deed Records of Wichita County. A 0.1884 acre tract of land out of the David Welch Survey, Abstract 324, being a part of the land described in Volume 654, Page 237 and Vol. 776, Page 211, Deed Records of Wichita County. A 0.0170 acre tract of land out of Homestead No. 13, Wichita Gardens Homesteads, being a part of the land described in Vol. 798, Page 608, Deed Records of Wichita County. A 9.9268 acre tract of land out of the David Welch Survey, Abstract 324, as recorded in Vol. 921, Page 56, Deed Records of Wichita County. A 4.9261 acre tract of land out of the David Welch Survey, Abstract 324, as recorded in Vol. 908, Page 250, Deed Records of Wichita County. A 4.9630 acre tract of land out of the David Welch Survey, Abstract 324, as recorded in Vol. 874, Page 503, Deed Records of Wichita County. Combined total of values approved in this resolution - $46,775.00. SECTIONAO. 2 The approved value. df 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. 75 Item 6d cont'd. Moved by Alderman Schenk that Resolution No. 982 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None V Item 6e John P. Ruhmann, Director of Water Development, requested authorization for the City Manager to execute a contract for a preliminary engineering report with Black and Veatch on expansion of the waste water treatment plant. r" RESOLUTION NO. 983 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract between the City of Wichita Falls, Texas and Black and Beatch, consulting engineers, providing for engineering services for increasing the capacity of waste water treatment by the City of Wichita Falls for the 1985 population, is hereby approved, and the city manager is authorized to execute said contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 983 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 7 John J. Roark, Director of Public Works, requested permission to advertise for , . bids on a combined project of Hampstead-Taft drainage and Kell Freeway outfall drain- a ge, Moved by Alderman Darner that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. � Item 8 - - - - - - - - _ ,rF , Moved by Alderman Schenk that minutes of the meeting of the Planning Board held August 13, 1969, be received. Motion seconded by Alderman Taylor, and carried unanimously. Item 9 City Manager Gerald Fox explained that no action was required on this item; that they were beginning to re-advertise on Kemp and Buchanan Streets fire station prop- erties as previously authorized. fie explained that they would establish minimums of $20,000 on Kemp and $9,000 on Buchanan. f James C. Smith, 2708 Pennsylvania, appeared regarding a house on Shaw Street which he would like to purchase, and wondered why it was taking so long to come up " for bids. Mr. Roark explained that sales were made for the City's convenience in getting appraisals from the Highway Department. Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Wills, and carried unanimously. 76 The Board of Aldermen adjourned at 3:40 P.M* PASSED AND APPROVED this day of 1969. ayor ATTEST: Acting City C1 k