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Min 10/21/1969 94 Wichita Falls, Texas Memorial Auditorium Building October 21, 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 o'clock P.M. , with the following members present: Kenneth Hill Mayor Don Wills X (arrived at 4:00 P.M.) Harrison Taylor X Dick Darner X Aldermen Max Kruger X Cletus C. Schenk X Gerald Fox City Manager li. P. Hodge, Jr. City Attorney Evelyn M. Lesh Acting City Clerk Larry Lambert Absent The invocation was given by Alderman Taylor. Mayor Hill welcomed the visitors, including his pastor, Rev. Robert Norsworthy, and Rev. Edgar Jones. Item 3 Moved by Alderman Schenk that minutes of the meeting held October 7, 1969, be approved. Motion seconded by Alderman Kruger, and carried unanimously. Item 4 A proposed ordinance was presented by John J. Roark, Director of Public Works, for improvements on Midwestern Parkway, (Arclier-liamilton-Hampstead) , Phase II, Project 52-074, under the 1967 Capital Improvements Program. Mayor Hill opened the public hearing. ORDINANCE NO. 2542 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE ARCHER-W1ILTON-11MIPSTEAD (N ID- WESTEI�iPARKWAY) , PHASE II, PROJECT IN THE CITY OF WICHITA FALLS, TEXAS, FIX- ING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS. IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS- MENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING TILE 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 EFFL-CTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. I, Thelma Childress, 1226 37th Street, stated the improvements will take the front part of her yard. She asked if she would have to move her house and inquired about the cost of the improvements. Mr. Roark explained that she would not have to move her house, and that the only thing a property owner has to pay for is curb and gutter, drive approach, and sidewalk. Mr. W. L. Sterling, 1327 37th Street, stated he wanted information more than a protest. Iie asked if there would be an access road, and if it would be onto the main highway. Mr. Roark explained that there will be an arterial street, that the curb and gutter has been moved out from 10 to 20 feet so there will be plenty of visibility. Mr. Sterling stated he has three 50 feet lots with two houses on them, but only has two drive approaches. Air. Roark stated the length of drive approaches do vary, that the lot width is checked before and after the drive is completed. Mr. Sterling asked if the sidewalk was already in if the City would leave it. Mr. Roark stated it would remain if it was 4 feet wide, which is standard width, and meets City requirements. i i 95 Item 4 Cont'd. Mr. Glenn, 1329 37th Street, asked if he would get credit where the curb and gutter, and drive approach are already in. Mr. Roark told Mr. Glenn that lie thinks lie will see a decided improvement in the value of his property, and if lie had curb and gutter, and drive approach in, lie would get credit for what he had. Mr. J. L. Rice, 1303 37th Street, asked why there was a difference in the price where the lots are the same. Alderman Darner explained that one didn't have a drive approach. Since no one else wished to be heard, the public hearing was closed. Moved by Alderman Kruger that Ordinance No. 2542 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Darner, Kruger, and Schenk Nays: None Mayor Hill stated that Alderman h'ills' mother is having surgery and wished her the very best. f A proposed ordinance was presented by John J. Roark, Director of Public Works, for improvements on Seymour Road, Project 52-076, under the 1967 Capital Improve- ments Program. Mayor ITill opened the public hearing. r ORDINANCE NO. 2543 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENT'S FOR PART OF THE COST OF IM- PROVING STREETS FOR THE 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, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLEC- TION OF SUCH .ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVI- DENCE TITEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGIIT 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 SUNDRY MATTERS INCIDENT THEREOF, AND DECLARING AN EMERGENCY. Dr. P. K. Smith, 2110 Seymour Road, appeared regarding the loss of trees and hedge involved in the proposed plan. fie stated lie would lose approximately 7 trees and approximately 25 or 30 feet of hedge. He estimated it would do $100000 damage to his property. He stated it would match up better if the center of the road stays where it is. Alderman Darner stated lie thinks that in this part of the country trees should be given considerable consideration. Dr. Smith stated he didn't know Mr. Roark well, but lie is a dedicated engineer, and he liked him very much. Moved by Alderman Kruger that Dr. Smith's request be taken under advisement. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Taylor, Darner, Kruger, and Schenk Nays: None Mr. T. A. Litteken, 2712 Buchanan, stated he has a flooding problem and wanted to know if it would be possible to tap over there and kill the culvert. Mr. Roark explained it was a natural drainage and the City requires that all the developers take those improvements as they occur. Mr. L. T. Teir, 3805 Seymour Road, asked if we need a sidewalk in front of his property. fie stated it means edging on each side of the sidewalk. fie requested that they do not put a sidewalk there. Mrs. Ted buss, 2031 Gloria, stated she does not want a sidewalk, that there is no need for it in her area. 96 Item 4 Cont'd. Mr. James 0. Youngblood, 2111 Wenonah, asked if when the street is narrowed will the pavement then be put in, and would it run parallel. Mr. Roark stated that we are not getting on the property, that the curb and gutter will be moved back. The proper location on the sidewalk would be behind the sycamore trees. He stated the present plan will save his trees and shrubs, and the lot will stay the same. Mrs. James T. Corder, 2032 Gloria, stated she doesn't think it is fair that she and Mrs. Buss are the only ones who are being assessed. Mr. Roark stated that developers charge more for a corner lot, and since the corner lot is more valuable, then it would be logical for the property owner to. pay the cost of the improvements. Mr. Joe H. Hunt, 4110 Seymour Road, asked if they do not have access what are they going to do. Mr. Roark stated the manner in which it will be constructed is a little different from some of the others because we will contract out the curb and gutter, but the City will do the excavation and do it a block at a time, gradually work west until we net down to the location. We will move a portion of it at a time. The contractor will do the paving. Mr. Hunt requested permission to have a circular drive, and Mr. Roark stated he could. Mr. Roark presented a letter to the Council he had received from Dr. James W. Brosch, 2120 Hiawatha, stating he was against the sidewalk being placed on his property. Since no one else wished to be heard, the public hearing was closed. Moved by Alderman Schenk that Ordinance No. 2543 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Darner, Kruger, and Schenk Nays: None I / Item 5 Lt. David Cruz, Sheppard Air Force Base, was to appear, but will not appear at this Council meeting. Item 6a City Manager Gerald Fox presented a proposed ordinance amending Southwestern Bell Telephone Company rates. Joe Cochran, District Manager for Southwestern Bell Telephone Company, stated he appreciated the efforts the Council has spent on the study, and stated he would recommend that his management accept the ordinance. / ORDINANCE NO. 2544 AMENDING ORDINANCE NO. 1674, PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ON DECEMBER 21, 1953, AND ORDINANCE NO. 1805 PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ON JUNE 23, 1958, PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELE- PHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY IN THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Darner that Ordinance No. 2544 be passed. Alderman Wills entered the Council room at this time and it was explained to him what they were voting on. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 6b John J. Roark, Director of Public Works, presented proposed ordinances determining ( the necessity for paving on Avenue Z and Borton Lane. 97 Item 6b Cont'd. �. i ORDINANCE NO. 2545 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, S`I'REE'TS, AND PUBLIC PLACES IN THE CITY OF. WICHITA FALLS, TEXAS, DESIGNATED AS A PORTION OF THE KEMP BOULEVARD SUPPLEMENTAL PAVING PROJECT, DIRECTING TIIE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. . Moved by Alderman Schenk that Ordinance No. 2545 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None / ORDINANCE NO. 2546 1 L AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS A PORTION OF THE 1969 RECONSTRUCT- ION PAVING PROGRAM, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFI- CATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Darner that Ordinance No. 2546 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 6c John J. Roark., Director of Public Works, presented a proposed ordinance. award- ing contract for improvements on Avenue Z between Kemp and Grant to Zack Burkett Company, in the amount of $613,072.60, and setting date of benefit hearing. ORDINANCE NO. 2547 AN ORDINANCL APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF MPROMIL'NTS AND OF APIOUNTS TO BL ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS A PORTION OF THE SUPPLEMENTAL PAVING FOR KLIIP BOULEVARD AT AVENUE Z IN THL- CITY OF WICHITA FALLS, 'TEXAS; FIXING TIRE AND PLACE FOR HEARING OF 'THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THL- CITY CLERK 'TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO LNGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SM4L IN THE MINUTE BOOK OF THL BOARD OF ALDERMEN AND BY FILING TIIE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDI:Y OTHER MATTERS INCIDENT THERETO, AND DECLAR- ING AN EMERGENCY.' Moved by Alderman Schenk that Ordinance No. 2547 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 6d John J. Roark., Director of Public Works, presented a proposed ordinance awarding contract for curb and gutter, sidewalk, and drive approaches on Borton Lane to Timmins and Anderson Contractors, in the amount of $64,217.70, and setting date of benefit hearing. I ORDINANCE NO. 2548 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION 98 Item 6d Cont'd. OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT BORTON STREET DESIGNATED AS A PORTION OF THE 1969 RECONSTRUCTION PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; 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 APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2548 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Rills, Taylor, Darner, Kruger, and Schenk Nays: None Item 6e Paul M. Yeager, Director of Public Safety, presented a proposed ordinance prohibit- ing the sale of pyrotechnics within 5000 feet of the city limits. tie stated that last year we had 9 such stands and 50% of them were in the city limits, which is against the City ordinance. This involves the city engineer as well as the fire marshal, as many people do not have the knowledge of where the city limits is. It is a health hazard as well as a fire hazard. A carelessly thrown pyrotechnic could fall near or actually strike a person causing serious injury. There were 31 fires last July 4th caused from fire works. After a lengthy discussion, it was suggested that this ordinance be deferred. Moved by Alderman Schenk to defer the passage of this ordinance regarding fire works. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 7a John P. Ruhmann, Director of Water Development presented a proposed resolution awarding bid to Bill Hoffman, for grazing lease at Lake Kickapoo. RESOLUTION NO. 993 WHEREAS, the City of Wichita Falls has advertised for bids on a grazing lease on 549.62 acres of land at the south side of Lake Kickapoo; and, WHEREAS, it appears that the best bid is that of Bill Hoffman of three dollars and fifty-one cents ($3.51) per acre per year, with Hoffman building the necessary fence and maintaining all the fences. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Bill Hoffman is hereby accepted, and the City Manager is hereby author- ized to execute such a grazing lease to Bill Hoffman for a period of three (3) years, with an option to renew for an additional two (2) years. Moved by Alderman Schenk that Resolution No. 993 be passed. Motion seconded by Alderman hills, and carried by the following vote: Ayes: Aldermen Wills, 'Taylor, Darner, Kruger, and Schenk Nays: None Item 7b John P. Ruhmann, Director of Water Development, presented a proposed resolution ✓ authorizing agreement between Texas rater Development Board, City of Wichita Falls and Wichita County Water Improvement District No. 2 for the pro rata costs of operating three (3) gauging stations on the south fork of the Wichita River near Benjamin, Texas. 99 Item 7b Cont'd. ✓ / RESOLUTION NO. 994 WHEREAS, the Texas Water Development Board has heretofore submitted a cooperative agreement to be executed by the Texas Water Development Board, the City of Wichita Falls, and Wichita County Water Improvement District #2 providing for the pro rats costs of operating three (3) gauging station on the south fork of the south fork of the Wichita River near Benjamin, Texas. WHEREAS, these gauging stations are used for determining the amount of water flowing into and out of Lake Kickapoo, Lake Arrowhead, and Lake Kemp. WHEREAS, the total costs of operating these guaging stations is seven thousand four hundred twenty dollars ($7420.00) . The pro rata costs for the City of Wichita Falls is two thousand five hundred thirty-nine dollars and twenty-three cents (�2539.23) . NOW, THEREFORE, BE IT RLSOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The pro rata costs of two thousand five hundred thirty-nine dollars and twenty- three cents (�2539.23) is hereby accepted and the City Manager is hereby authorized to execute such cooperative agreement. Moved by Alderman Darner that Resolution No. 994 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 7c John J. Roark, Director of Public Works, presented a proposed resolution author- izing proposals to property owners on Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program. r f` RESOLUTION NO. 995 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 tha 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, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property Part of Lot 10, Block 46, Southland Addition Part of Lot 9, Block 19-A, Highland Addition Lot 6, Block 104-A, Highland Addition Lot 5, Block 104-A, highland Addition Part of Lot 19, Block 61, Southland Addition Part of Lot 20, Block 61, Southland Addition Part of Lot 21, Block 61, Southland Addition 100 Item 7c Cont'd. Lot 13, Block 49, Southland Addition Lot 1 & E. 40' of Lot 2, Block 64, Southland Addition Part of Lot 8, Block 1, First H. W. Spivey Addition Part of Lot 1, Block 6, First H. W. Spivey Addition A 841 sq. ft. Tr. out of the T. 11. Garner Sur. Abs. 84 and being the land described in Vol 456, Pg. 487 Deed Records of Wichita County, Texas Combined total of values approved in this resolution - $79,545.00 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 teed, 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 Departments. Moved by Alderman Kruger that Resolution No. 995 be passed. Notion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 7d John J. Roark, Director of Public Works, presented a proposed resolution authoriz- ing proposals to property owners on North Beverly, Project 52-072, under the 1967 Capital Improvements Program. RESOLUTION NO. 996 WHEREAS, it is necessary to acquire the property hereinafter described for construct- ion 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 City of Wichita Falls, and the amount of the appraisals has been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: North Beverly - Project 52-072 Property An 0.8561 acre tract being a part of the David Welch Survey, Abstract 324 and out of the tracts as recorded in Volume 439, Page 308 and Volume 347, Page 92, Deed Records of Wichita County, Texas 101 Item 7d Cont'd. An 0.4572 acre tract being a part of the David Welch Survey, Abstract 324 and out of the 2.5 acre tract as recorded in Vol. 413, Page 368, Deed Records of Wichita County, Texas Combined total of values approved in this resolution - $14,390.00 SECTION NO. 2 The appraised values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for each tract is the value as determined from appraisals made by the independent real estate appraisers employed by the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such appraised values, the is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 996 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 7e This item, modifying lease of Naval facilities, was withdrawn from the agenda. Item 7f ` f Weldon C. Franklin, Director of Planning and Traffic, presented a proposed resolution giving the City's consent to the incorporation of Windthorst, but would not relinquish any of the extraterritorial jurisdiction of the City of Wichita Falls located outside of the proposed boundaries of Windthorst. / RESOLUTION NO. 997 WHEREAS, a petition is being circulated in the proposed town of Windthorst for the purpose of instituting incorporation proceedings; the boundaries of the proposed town of Windthorst, Archer County, Texas, are as follows: BEING situated in Archer County, Texas, and being described by metes and bounds as follows, to-wit: BEGINNING at a point in the South boundary line of Lot 29, Block 4, Clark and Plumb Subdivision 400 feet East of the centerline of U. S. Highway 281. THENCE in a Northerly direction, parallel with said centerline of said U. S. Highway 281, a distance of 2500 feet, more or less, to intersection with the North boundary line of said Lot 29, Block 4, Clark and Plumb Subdivision; TIILNCE in an :Easterly direction, along the North boundary line of said Lot 29, Block 4, Clark and Plumb Subdivision, a distance of 4700 feet, more or less, to the Northeast corner of said Lot 29, Block 4, Clark and Plumb Subdivision; THLNCL in a Northerly direction, along the Last boundary line of Lot 28, Block 4, Clark and Plumb Subdivision (Crossing F. M. Road 174 at 1000 feet, more or less) , a distance of 2400 feet, more or less to a point in said Last boundary line of said Lot 28, Block 4, Clark and Plumb Subdivision, 400 feet South of the centerline of County Road; THENCE in an Lasterly direction, parallel with the said centerline of said County Road, a distance of 2000 feet, more or less, to a point in the Archer County-Clay County boundaryline; TIiLNCE in a Northerly direction, along said Archer County-Clay County boundary line, a distance of 800 feet, more or less, to a point 400 feet North of the said centerline of the said centerline of said County Road; 102 Item 7f Cont'd. THENCE in a westerly direction, parallel with said centerline of said County Road, a distance of 3900 feet, more or less, to a point in Lot 13, Block 4, Clark and Plumb Subdivision, 400 feet East of the centerline of old U. S. Highway 281; THENCE in a Northwesterly direction, parallel with said centerline of said old U. S. Highway 281, and parallel with the centerline of present U. S. highway 281 after said centerline of said old U. S. highway 281 merges with said center- line of present U. S. Highway 281, a distance of 7200 feet, more or less, to a point in Lot 7, Block 4, Clark and Plumb Subdivision, 400 feet East of intersection of said centerline of said U. S. Highway 281 with centerline of old Wichita Falls- Windthorst Road; THENCE in a Westerly direction, parallel with the North boundary lines of said Lot 79 Block 4, Clark and Plumb Subdivision and Lot 6, Block 4, Clark and Plumb Subdivision, a distance of 800. feet, more or less, to a point in said Lot 6, Block 4, j Clark and Plumb Subdivision, 400 feet West of said intersection of said centerline of said U. S. Highway 281 with centerline of old Wichita Falls-Windthorst Road; THENCE in a Southerly direction, parallel with said centerline of old Wichita Falls- Windthorst Road, a distance of 7400 feet, more or less, to a point in Lot 14, Block 4, j Clark and Plumb Subdivision, 400 feet West of said centerline of said old Wichita Falls-Windthorst Road, and 400 feet North of centerline of State Highway 25; I THENCE in a Westerly direction, parallel with said centerline of said State Highway 25, a distance of 5000 feet, more or less, to a point in the West boundary line of Lot 15, Block 4, Clark and Plumb Subdivision, 400 feet North of said centerline of said State highway 25; THENCE in a Southerly direction, along said West boundary line of Lot 15, Block 4, Clark and Plumb Subdivision, and along the West boundary line of Lot 26, Block 4, Clark and Plumb Subdivision, a distance of 800 feet, to a point in the West boundary line of said Lot 26, Block 4, Clark and Plumb Subdivision, 400 feet South of the said centerline of said State Highway 25; THENCE in an Easterly direction, parallel with said centerline of said State highway 25, a distance of 4200 feet, more or less, to a point in Lot 27, Block 4, Clark and Plumb Subdivision, 400 feet West of centerline of County Road running between F. J. Schroeder 100.8 acre tract and Berend Bros. 43.2 acre tract in said Lot 27, Block 4, Clark and Plumb Subdivision, and 400 feet South of centerline of said State highway 25; THENCE in a Southerly direction, parallel with the centerline of said last mentioned County Road, a distance of 4600 feet, more or less, to a point in the South boundary line of Lot 30, Block 41, Clark and Plumb Subdivision, 400 feet West of said center- line of said County Road; THENCE in an Easterly direction, along the South boundary lines of said Lot 30 and said Lot 29, Block 4, Clark and Plumb Subdivision, a distance of 2350 feet, more or less, to the place of beginning. WHEREAS, there is presently a question as to whether or not such area is within the extraterritorial jurisdiction of the City of Wichita Falls, and the incorporators have requested that the governing body of the City of Wichita Falls give its written consent to such incorporation of the town of Windthorst, as provided for in Section 8 A of Article 970a of Vernon's Annotated Civil Statutes; and, WHERLAS, the Board of Aldermen of the City of Wichita Falls has no objection to the incorporation of the town of Windthorst within the boundaries set out above; how- ever, such Board does not agree to relinquish any of the extraterritorial jurisdiction of the City of Wichita Falls located outside of the said boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDLIZ4LN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Consent of the governing body of the City of Wichita Falls is hereby given to the incorporation of the proposed town of Windthorst, Archer County, Texas, within the proposed boundaries as set out above; however, none of the extraterritorial jurisdiction of the City of Wichita Falls outside of the proposed boundaries shall be relinquished. The City Manager is authorized to furnish a copy of this resolution to such incorporators, which shall constitute the written consent of the governing body of the City of Wichita Falls as provided for in Section 8 A of said Article 970a. Moved by Alderman Schenk that Resolution No. 997 be passed. 103 Item 7f Cont'd. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 7g f Lloyd Rigby, Director of Parks and Recreation, presented a proposed resolution approving an easement for Texas Electric Service Company for their transmission line across a portion of Lake Arrowhead property. ✓ RESOLUTION NO. 998 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement from the City of Wichita Falls to Texas Electric Service Company, wherein the City conveys to the Company an easement and right-of-way for an electric transmission and distribution line over a portion of Lots 43, 46, 47, and 19, Block 3 of the Clark and Plumb Subdivision Survey, Archer County, Texas, in the vicinity of Lake Arrowhead, is hereby approved, and the City Manager is authorized to execute and deliver said easement for the City of Wichita. Falls, Texas. Moved by Alderman Kruger that Resolution No. 998 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 8a Joe C. Smith, Director of Public Utilities, recommended that the low bid of G. A. Stubblefield Construction Company, Burkburnett, Texas, in the amount of $7,004.50, be accepted and that contract be awarded for sanitary sewer improvements on Windthorst Road, Fairfax Avenue, and Old Lake Road. Moved by Alderman Schenk that the low bid be accepted and that contract be awarded. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Item 8b Ben Shelton, Director of General Services, recommended that the high bid in the amount of $27,500.00, submitted by Dean I. Dauley of Grand Prairie, be accepted for Lots 1 through 4, and 13 through 16, Kemp Fair Park Addition (Fire Station No. 8, 3400 Kemp Blvd.) , and that the Mayor be authorized to execute a deed. Moved by Alderman Darner that the bid in the amount of ; 27,500.00, submitted by Dean I. Dauley of Grand Prairie, be accepted, and that the Mayor be authorized to execute the deed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Prays: None j Item 9 Ben Shelton, Director of General Services, requested permission to advertise for bids for annual supply of ready mix concrete and bulk cement for use of all City Departments. v Moved by Alderman Kruger that this request be granted to advertise for bids. 104 Item 9 Cont'd. Notion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None V Items 10a & b Moved by Alderman Taylor that minutes of the Plumbing Advisory Board, held j October 6, 1969, and minutes of the Electrical Advisory Board, held October 14, 1969, be received. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None } Item Ila John J. Roark, Director of Public Works, requested that the Council consider naming Plum Creek Drainage Improvements as it is anticipated the project will be completed within the next 30 days. Mr. Roark suggested that it be named in honor of some deceased person. Moved by Alderman Wills that this request be taken under advisement. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Darner, Kruger, and Schenk (Alderman Taylor was out of the room) Nays: None i, Item llb Jerry Dunn, Assistant City Manager, presented a proposed resolution authorizing a contract between the City of Wichita Falls and Booz-Allen & Hamilton for funds for a municipal information system. The contract is being made available through an organ- ization known as Urban Systems Advisory Council whose membership is made up of seven departments of the Federal Government with the sponsoring organization being Housing and Urban Development. " RESOLUTION NO. 999 WHEREAS, the City of Wichita Falls, Texas organized and existing under and by virtue of the laws of the State of Texas, (herein called the "CITY"), has heretofore been involved in an attempt to secure federal funds for the design and implementation of a municipal information system. WHEREAS, a contract is being made available through an organization known as the Urban Systems Interagency Advisory Committee whose membership is made up of several departments of the federal government with the sponsoring organization being the Depart- ment of Housing and Urban Development. WHEREAS, the amount of the funds to be awarded for the contract is three million dollars ($3,000,000.00) and will be funded by the member departments of the Urban System Interagency Advisory Committee. WHEREAS, the City's share of the cost of the project will be largely through contri- buted services of personnel and equipment. WHEREAS$ it is deemed necessary and proper to apply for the federal contract of three million dollars ($3,000,000.00) for the design and implementation of a municipal inform- ation system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, 'TEXAS, THAT: The City Manager of the City of Wichita Falls is hereby authorized and directed to execute a contract proposal in the name of the City of Wichita Falls, Texas for such 105 Item llb Cont'd. federal funds to be applied to the cost for the design and implementation of a municipal information system. The City Manager is authorized to sign any necessary documents required in connection with such contract proposal on behalf of said City. Moved by Alderman Schenk that Resolution No. 999 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk I Nays: None Item llc H. P. Hodge, Jr. , City Attorney, gave a report on X-rated movies. lie stated the first thing we need to consider is the constitutional limitations. We must consider the lst and 14th amendment to the United States Supreme Court and the Texas Constit- ution. Dallas has an ordinance that requires a board to screen the movies to deter- mine which are obscene movies and unsuitable for young people under 16 years of age. lie also explained three statutes on the subject which were passed by the recent legislature. After a lengthy discussion, Alderman Schenk moved that .the Council be provided with a copy of the Dallas ordinance and any other city ordinance regarding; porno- graphic literature and obscene movies for further study. Sam Wilson, 1905 Taylor, stated he couldn't see why the Council sees so much wrong with movies regarding sex when there are movies with John hayne always killing people. Mr. Kruger informed Mr. Wilson that we are not trying to compare movies. Mr. Wilson stated he cannot see what is so offensive about sex. If a parent wants to take his children to see these movies, the parent should be able to decide that. lie stated that he doesn't have any children, but if he did, he would take them to see the movies. Rev. Edgar Jones, 4647 Summit Drive, stated lie represents a group that has great concern, not only for the present, but for the future. The group now serves under the name of COMBAT, which stands for Committee on Movies, Books, Audio-TV. This group has launched out in public attempt to arouse the City of Wichita Falls in opposition to the X-rated type of movies. lie stated we could have easily produced demonstration against the movies, but we didn't feel the proper approach was heated emotionalism. We want to do what we can now to help the moral climate of our community and to cooperate with the law officials and the government, both today and in the future„ We want to do everything we can to help in any way possible, not only in this situation, but in other situations which will arise in days to come. We are ready to stand for what is good and also to be of assistance to the City and other organizations. Harold Lerew, 1628 Pearl, stated that some of these movies which have been considered as unfit for children contain some very sordid facts of life, but you cannot run away from it. You are not going to gain anything by not letting the teen agers see those movies. Alderman Wills asked Mr. Wilson if he thinks minors should be allowed to view an immoral movie. Mr. Lerew stated he thinks it is still the child's decision, that when they are 15 they can make their own decisions. Also, by the time they are 10 years of age, they should be able to make the decision. lie stated that the definition of immorality is presenting evil as good. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None i Item lld Moved by Alderman Kruger that water reimbursements in the amount of $2,781.72, and sewer reimbursements in the amount of $1,547.74, for a total of $4,329.46, be approved. Lynwood IIome's,Inc., Water, Lynwood West, Section No. 1, from September 1, 1968 to September 1, 1969; $2,132.61 hawkeye Development Company, Water, Section L 3, Exhibit A of University Park, from September 6, 1968 to September 6, 1969; �649.11 106 '. Item lld Cont'd. Lynwood Home's Inc. , Sewer, Lynwood West, Section No. 1, from September 1, 1968 to September 1, 1969; $466.70 Hawkeye Development Company, Sewer, Section E 3, Exhibit A of University Park, from September 6, 1968 to September 6, 1969; $190.35 Hawkeye Development Company, Sewer, Section B of Loch Lomond Addition, from September 1, 1968 to September 1, 1969; $377.16 Skyline Developers, Inc., Sewer, Section 2 A in Fountain Park, from September 17, 1968 to September 17, 1969; $513.53 Moved by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Kruger, and Schenk Nays: None Moved by Alderman Schenk that the neeting be adjourned. Motion seconded by Alderman Wills, and carried unanimously. The Board of Aldermen adjourned at 6:00 P.M. PASSED AND APPROVED this day of ,�j�y�c��,c�C� % , 1969. Mayor- ATTEST: \`.__%i' LC.�'/!tom✓ -j �,il//f .%t.i"'�«�"'� City Clerk DEPARTMENT OF PUBLIC WORKS CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: Mrs. Wilma Thomas, City Clerk DATE: November 14, 1969 FROM: John J. Roark, Director of Public Works SUBJECT: Minutes of the Meeting of Board of Aldermen of October 21, 1969, in Regard to Ordinances No. 2547 and No. 2548 Reference is made to our conversation of Wednesday, November 12, 1969, in regard to minutes on the above ordinances on Avenue Z and Borton Lane. While the ordinance does state that a contract was awarded to the appropriate contractors and that the total amount of the contract was as stated in the Minutes, the intent was to add both of the projects to existing contracts, as explained in the memoranda attached to the ordinances. I will trust your judgement as to whether you think the Minutes need revising to reflect this fact. I r_z Joh , JJR:nlm