Loading...
Min 01/06/1970 I 137 Wichita Falls, Texas Memorial Auditorium Building January 6, 1970 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 Larry Lambert X Dick Darner Z Aldermen Max Kruger X Cletus C. Schenk X Gerald Fox City Manager H. P. Bodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison Taylor Absent The invocation was given by Alderman Darner. Item 3 Moved by Alderman Wills that the minutes of the meeting held December 16, 19690 be approved. Motion seconded by Alderman Lambert, and carried unanimously. Item 4 A proposed ordinance was presented setting the date of the benefit hearing for Borton Lane improvements. ORDINANCE NO. 2560 AN ORDINANCE APPROVING A14D ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION 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 HEAR- ING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED; DII:ECT- ING 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 ORD- INANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECT- IVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Wills that Ordinance No. 2560 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Item 5b A proposed resolution was presented authorizing the City Manager to enter into ` a contract with Pinnell, Anderson, Wilshire, and Associates regarding Application of Systems Management Techniques to Fire Protection Operations. RESOLUTION NO. 1018 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 138 Item 5b Cont'd. submitted an application to the United States of America, acting by and through the Secretary of housing and Urban Development (herein called the "Government") , for a grant under Section 701 of the Housing Act of 1954 as amended for the purpose of a Planning Project entitled "Application of Systems ]Management Techniques to Fire Protection Operations." WHEREAS, the Government has approved the said application and has submitted to the Nortex Regional Planning Commission a certain Grant Agreement dated as of October 3, 1968, entitled Urban Planning Grant Texas P 228, which has been hereto- fore executed by the City and Nortex Regional Planning Commission. WHEREAS, the City has heretofore entered into a contract with Nortex Regional Planning Commission in order to participate in this Grant. WHEREAS, the City has heretofore entered into a contract with Pinnell and Associates in order to implement the above said planning project. WHEREAS, Pinnell and Associates are assigning their interest as well as their responsibilities, obligations and covenants of the above said Pinnell contract to the firm of Pinnell-Anderson-Wilshire and Associates (hereinafter referred to as "Consultant") . WHEREAS, in the above said Pinnell contract the City and Pinnell and Associates agreed that specific tasks for the period October 4, 1969-October 3, 1970, which was changed to January 2, 1970-January 1, 1971 by amendment which was approved by the Board of Aldermen, would be developed at a later date and made an addendum to the Pinnell contract. WHEREAS, the City agrees that Pinnell and Associates can assign their interest to Pinnell-Anderson-Wilshire and Associates. WHEREAS, in conformance with that provision of the Pinnell contract, the City and Pinnell-Anderson-Wilshire and Associates have agreed on the specific tasks to be performed for the period January 2, 1970-January 1, 1971. NOW, THEREFORE, BE IT RESOLVED BY TILE BOARD OF ALDERMEN OF TILE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, Gerald G. Fox, is hereby authorized and directed to enter into a contract with Pinnell-Anderson-Wilshire and Associates for their services in connection with the conducting of the above said project. The City Manager is authorized to execute said contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 1018 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Item Sc A proposed resolution was presented authorizing the City Manager to enter into a contract with Pinnell, Anderson, Wilshire, and Associates regarding Systems Management Techniques to Police Operations. RESOLUTION NO. 1019 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 submitted an application to the Criminal Justice Council of the State of Texas (herein called the "Government") , for a grant under Project 1-60-19 for the purpose of a planning project entitled "Systems Management Techniques for Police." WHEREAS, the Government has approved the said application; and WHEREAS, it is necessary to obtain the consulting services of Pinnell-Anderson- Wilshire and Associates in order to implement the above said planning project. NOW, TILEREFORE, BE IT RESOLVED BY TILL BOARD OF ALDERMEN OF TILE CITY 01, I ICHITA FALLS, TEXAS, THAT: i 139 Item Sc Cont'd. The City Manager, Gerald G. Fox, is hereby authorized and directed to enter into a contract with Pinnell-Anderson-Wilshire and Associates for their services in connection with the conducting of the above said project. The City Manager is author- ized to exectute said contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 1019 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None V Item 5d ` A proposed resolution was presented authorizing proposals to property owners on McNiel Street extension north of Call Field Road. RESOLUTION NO. 1020 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction of McNiel Street from Call Field Road North to the existing Street, and, WHEREAS, such property has been appraised by an independent real estate appraiser employed for this purpose by the City of Wichita Falls, and the amount of the appraisal 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 property to be purchased by Warranty Deed is as follows: McNiel Street Property Part of Block 14, Denton County School Land, A-58, League 1, Wichita County, Texas. Total value approved in this resolution ------------------------------$12,350.00 SECTION NO. 2 The appraised value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for the tract is the value as determined from appraisal made by the independent real estate appraiser employed by the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 1020 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Item 5e A proposed resolution was presented authorizing proposals to property owners on f Kell Freeway. r J RESOLUTION NO. 1021 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction 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 140 Item Se Cont'd. 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, THEREFORL, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, 'THAT: SECTION NO. 1 The project and properties to be purchased by Warranty Deed are as follows: Dell Freeway - Project 52-071 Property Lot 6, Block 18-A Highland Addition Lot 8, Block 102-A Stephens Addition Lot 1, Block 46 Southland Addition Block 37, I. Jalonick Addition Lot 9, Block 15 I. Jalonick Addition Combined total of values approved in this resolution -------------------$25,025.00 SECTION NO. 2 The values 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 Kruger that Resolution No. 1021 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Item 5f A proposed resolution was presented authorizing proposals to property owners on North Beverly. .< RESOLUTION NO. 1022 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction of the listed projects in the 1967 Capital Improvements Program, and, WHLRLAS, such property has been appraised by independent real estate 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, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: ' 141 Item 5f Cont'd. North Beverly Project 52-072 Property A 0.7676 acre tract of land out of the David Welch Survey, A-324 in Vol. 577, Page 317, Deed Records of Wichita County, Texas A 0.1177 acre tract of land out of the David Welch Survey, A-324, in Vol. 415, Page 368, Deed Records of Wichita County, Texas A 0.9257 acre tract of land out of the David Welch Survey, A-324 in Vol. 393, Page 94, Deed Records of Wichita County, Texas Combined total of values approved in this resolution -------------------$3,625.00 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. 1022 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None ✓ Item 5g A proposed resolution was presented authorizing the City Manager to enter into contracts for reimbursement for moving expenses for personal property with those persons relocated as a result of street improvements. F r RESOLUTION NO. 1023 _. r WHEREAS, the legislature of the State of Texas enacted Section 7 of Article 3265 of Vernon's Annotated Civil Statutes which provides for reimbursement for moving ex- penses for personal property to owners of land who are actually and physically displaced and permanently moved from their dwelling or place of business. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized and directed to enter into contracts for reimbursement for moving expenses for personal property with those owners of land who are actually and physically displaced and permanently moved from their dwelling or place of business. The City Manager is authorized to reimburse those owners of land who are entitled to reimbursement as provided in Section 7 of Article 3265 of Vernon's Annotated Civil Statutes who have perviously been displaced and moved from their dwell- ing or place of business and have not been reimbursed for their moving expenses. Moved by Alderman Schenk that Resolution No. 1023 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None 142 Item 5h A proposed resolution was presented authorizing return of Lot 11, Block 2, Edgemere heights, to the original owner. RESOLUTION NO. 1024 WHEREAS, E. C. Stirman, C. I1. Snyder and Sam Parker conveyed to the City of Wichita Falls by Warranty Deed dated January 20, 1960, all of Lot 11 in Block 2 of Edgemere Heights, an addition to the City of Wichita Falls, Wichita County, Texas, to be used as a street. Said Deed being recorded in Volume 787, Page 170 of the Deed Records of Wichita County, Texas. WHEREAS, the City of Wichita Falls will not construct a street across the above said Lot 11 and because of this there has been a failure of consideration for the above said Deed. The City of Wichita Falls has agreed to reconvey the above said Lot 11 to L. C. Stirman, C. H. Snyder and Sam Parker. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TIiAT: The City Manager, Gerald G. Fox, is hereby authorized and directed to execute a Warranty Deed conveying all of Lot 11 in Block 2 of Edgemere Heights, an addition to the City of Wichita Falls, Wichita County, Texas to L. C. Stirman, C. H. Snyder and Sam Parker. Moved by Alderman Kruger that Resolution No. 1024 be passed. Motion seconded by Alderman Wills, and after the following explanation of City Attorney H. P. Hodge, Jr. , was carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None The question was raised on sale of this property without taking bids. Mr. Hodge stated it was his conclusion that this type of sale did not require open bids. The original owners conveyed this land for street purposes, and if the City does not use it for that purpose, then the original owner could complain. It was pointed out that the owners of Lots 8 through 12 have agreed in writing to replat their lots to apportion Lot 11 among the other. Item 5i It was recommended that the Mayor be authorized to grant an easement to 'Texas Highway Department for construction of the North Beverly project. o RESOLUTION NO. 1025 WHLREAS, the City of Wichita Falls and the Texas highway Department are co- operating in the construction of North Beverly Project No. 52-072 under the 1967 Capital Improvement Program of the City of Wichita Falls; and, WIIEREAS, by contract the City and the Texas Highway Department agreed that they will share equally in the cost of the right-of-way for this project; and, WHLREAS, the parcel hereinafter described is owned by the Wichita County Water Improvement District No. 1 and which Water Improvement District and its assets were acquired and now owned by the City of Wichita Falls; and, I'rIiLRLAS, the granting of an easement for highway purposes across the herein- after described parcel will be in compliance with the contract entered into between the City and the 'Texas Iiighway Department. NOW, THLRLFORI , BL IT RLSOLUD BY TILE BOARD OF ALDLRA1I:N OF THE CITY OF WICHITA FALLS, TLXAS, THAT: The Mayor, Kenneth Bill, is hereby authorized and directed to execute an easement conveying unto the State of Texas the following tract or parcel of land situated in itiichita County, Texas: ' 143 Item 5i Cont'd. A 0.2732 acre tract of land situated in the David Welch Survey, Abstract 324, Wichita County, Texas, also being a part of a 9.06 acre tract described as No. 2 in deed from John Hirschi, et ux to Wichita County Water impro- vement District No. 1 by deed dated August 11, 1923, re- corded in Volume 210, Page 227, Deed Records of Wichita County, 'Texas. Moved by Alderman Darner that Resolution No. 1025 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Item 6 Award of bids for trucks for various departments was recommended as follows in i a memorandum from Ben Shelton, Director of General Services. a. Morgan Motor Company - $24,338.67 4 - 1/2 Ton Pickups 2 - 3/4 Ton Pickups 1 - 8,000 G.V.W. Cab and Chassis 2 - 15,000 G.V.W. Cab and Chassis 1 - 19,500 G.V.W. Cab and Chassis 1 - 23,000 G.V.W. Cab and Chassis b. Moore-Abel Ford Company - $4,428.96 2 - 1 Ton Pickups c. International Harvester - $2,587.83 1 - Carryall Van d. Hobbs Trailers - $975.00 1 - Steel Dump Bed Moved by Alderman Wills that bids be awarded as listed in the memorandum. Motion seconded by Alderman Schenk, and carried unanimously. Item 7 ` Moved by Alderman Lambert that minutes of the meetings of the Traffic Commission held on December 9, 1969, and the Planning Board held on December 10, 1969, be re- ceived. Motion seconded by Alderman Wills, and carried unanimously. Item 8b (Mayor Hill made the following appointments to the Human Relations Commission: a. Col. Morris Greenspun (reappointed) - term to expire December 31, 1972 f b. J. W. Jackson (reappointed) - term to expire December 31, 1972 c. Dr. F. D. Leffall (reappointed) - term to expire December 31, 1972 d. Mrs. Juanita Wallander (appointed) - term to expire December 31, 1972 e. Dr. J. B. Hathorn, Jr. (appointed) - term to expire December 31, 1972 f. John Mark Hirschi (appointed) - term to expire December 31, 1971 g. B. J. Malouf (appointed) - term to expire December 31, 1971 h. Mrs. Ernestine Washington (appointed) - term to expire December 31, 1970 Moved by Alderman Wills that the appointments be approved. Motion seconded by Alderman Kruger, and carried unanimously. 144 Item 8a Mayor Hill made the following appointments to the Park Board. a. Tom Crane (reappointed) - term to expire January 1, 1973 b. Robert Stuart (reappointed) - term to expire January 1, 1973 c. Dr. D. L. Ligon (appointed) - term to expire January 1, 1973 Moved by Alderman Schenk that the appointments and terms of office be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 8c 1doved by Alderman Lambert that the appointment of Mrs. Charles Russell, Dr. William Rector, and Judge Calvin Ashley to the Board of Trustees of the Community Center for Mental health and Mental Retardation Services be confirmed. (Mrs. Russell will replace Mrs. Margaret Gose, and the other two are reappointments) . Motion seconded by Alderman Wills, and carried unanimously. Item 8d Mr. Bob Cotten, Executive Vice-President of Jiffy Food Stores, appeared re- questing a median opening in front of their store in the 4500 block of Seymour High- way, stating they had offered to pay for the cut-out. lie explained that they had not done the volume of business anticipated due to the median. It was brought out that there is an opening on each side of this store within a short distance. Mr. Cotten felt that making a U-turn at this location is dangerous. Alderman Wills inquired if they had made an agreement with the City and Highway Department at one time regarding this median. Mr. Cotten stated he was not sure. An inquiry was made as to when the store was first opened, and how long it had been closed. Mr. Cotten stated it was opened nine years ago, and was closed for one and one-half years, with it just recently being re-opened when they could sell beer at that location. He confirmed that they re-opened it in spite of the fact that the median was there. Alderman Lambert felt that the recommendation of the Traffic Commission should be upheld. A median opening at a non-dedicated street near K-Mart was brought up. Alderman Wills stated that he felt a mistake was made in allowing K-Mart to obtain this opening, and this should not be used as an example for other requests. Moved by Alderman Wills that the request be denied for the sake of safety and consistency. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner, and Kruger Nays: Aldermen Lambert and Schenk Item 9 A proposed resolution was presented calling a public hearing with regard to annexation proceedings of Lake Arrowhead and other lands. RESOLUTION NO. 1026 BE IT RESOLVL•D BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A public hearing shall be held in the City Council Room in Memorial Auditorium in Wichita Falls, Texas at 2:30 o'clock p.m. on the 20th day of January, 1970, at which time all interested persons will be given an opportunity to be heard concern- ing the intention of the Board of Aldermen to institute annexation proceedings, annexing all of Lake Arrowhead owned by the City of Wichita Falls and located in Clay and Archer Counties, Texas, together with all land owned by the City of Wichita Falls adjoining Lake Arrowhead, and annexing the right-of-way which has been ac- quired by the City of Wichita Falls for the water transmission line from Lake Arrow- head to the present City limits of the City of Wichita Falls, Texas. The City Clerk is directed to give public notice of such hearing by publishing a copy of this res- olution one (1) time in a newspaper having general circulation in the City and in the territory proposed to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. Moved by Alderman Lambert that Resolution No. 1026 be passed. i 145 Item 9 Cont'd. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Lambert, Darner, Kruger, and Schenk Nays: None Moved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Wills, and carried unanimously. The board of Aldermen adjourned at 3:28 P.M. PASSLD AND APPROVED this day of �z c;c ct_ L.�: , 1970. Mayor ATTEST: City Clerk