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Min 01/20/1970 146 Wichita Falls, Texas Memorial Auditorium Building January 20, 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 Harrison E. Taylor X Larry Lambert X Dick Darner X Aldermen Max Kruger X Cletus C. Schenk X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Taylor. Item 3 Moved by Alderman Kruger that minutes of the meeting held January 6, 1970, be approved. Motion seconded by Alderman Schenk, and carried unanimously. Item 4 �7 Mayor Hill opened the public hearing to consider annexation of Lake Arrowhead. No one desired to be heard, and he closed the hearing. Item 5a A proposed ordinance was presented accepting improvements under Kemp Boulevard and supplemental paving contract. d i - ORDINANCE NO. 2561 ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1968 ASSESSMENT PAVING PROGRAM AND SUPPLEMENTAL PAVING FOR WENONAH-ARTHUR-GRANT DRAINAGE PROJECTS IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2458. DECLARING THE CONTRACT WITH ZACK BURKETT CONSTRUCTION COMPANY, GRAHAM, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTI- FICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; 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 OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Taylor that Ordinance No. 2561 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5b proposed A ro ordinance was�- p p presented determining the necessity for curb and gutter, sidewalks, and drive approaches under the 1970 street reconstruction program. 147 Item 5b Cont'd. ORDINANCE NO. 2562 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 1970 RECONSTRUCTION PAVING PROGRAM, DIRECTING THE CITY ENGINEER TO PRE- PARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Schenk that Ordinance No. 2562 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger and Sbhenk Nays: None f At this time, the student council of Rider High School was welcomed, with Mike Aiken, as President. The Mayor also recognized and welcomed Ernest Lillard, the new Director of Public Works. Item 6a A proposed resolution was presented authorizing proposals to property owners on Kell Freeway. RESOLUTION NO. 1027 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 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 project and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property Part of Lot 2, Block 18-A Highland Addition Lot 10, Block 94-A Highland Addition Lot 11, Block 94-A Highland Addition Lot 12, Block 94-A Highland Addition Lot 1 & E. 14' of Lot 2 Block 76, Southland Addition Lots 1, 2, & E. 1/2 of Lot 3 Block 75, Southland Addition E. 3' of Lot 11 & All of Lot 12, Block 72, Southland Addition Part of Lot 2, Block 5 First H. W. Spivey Addition i 148 Item 6a Cont'd. Combined total of values approved in this resolution --------------- $61,385.00 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 Dep- artment, 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. 1027 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None r r Item 6b A proposed resolution was presented authorizing proposals to property owners on Old Seymour Road. RESOLUTION NO. 1028 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction of the listed project 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 Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and properties are as follows: Old Se mour Road - Project 52-076 (Old Seymour Road - Avenue K) Property Part of Lot 3, Block 21, Westside Addition to Floral Heights Addition Part of Lot 4, Block 21, Westside Addition to Floral Heights Addition Combined total of appraisal approved in this resolution ------------- $7,200.00 SECTION NO. 2 The appraised value of such propert*es are hereby approved and the City Manager is ereby 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 Darner that Resolution No. 1028 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None 149 � V Item 6c A proposed resolution was presented authorizing purchase of entire parcels of Lots 8 and 9, Block 5, First H. W. Spivey Addition for Kell Freeway. Partial taking has previously been authorized. RESOLUTION NO. 1029 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction of the Kell Freeway, Project 52-071 under the 1967 Capital Improvements Program, and, WHEREAS, in Resolution No. 1011, passed and approved by the Board of Aldermen of the City of Wichita Falls on December 16, 1969, the appraised values of $9,795.00 was approved for the partial takings of Lots 8 and 9, Block 5 of the First H. W. Spivey Addition and, WHEREAS, the appraised values for the whole takings of Lots 8 and 9, Block 5 of the First H. W. Spivey Addition is $11,600.00 and, WHEREAS, each owner of Lots 8 and 9, Block 5 of the First H. W. Spivey Addition desires to sell each entire parcel at the appraised value. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The appraised value of Lots 8 and 9 of the First H. W. Spivey Addition in the amount of $11,600,00 is hereby approved and the City Manager is hereby authorized to purchase, in the name of the City of Wichita Falls, by Warranty Deed, said Lot 8 and Lot 9, Block 5 of the First H. W. Spivey Addition. The City Manager is further authorized to transfer title to the Texas State Highway Department, by Warranty Deed, those portions of Lots 8 and 9, Block 5 of the First H. W. Spivey Addition required for right-of-way for the Kell Freeway Project. The City Manager is further authorized to sell, through competitive bidding, the remainder of Lots 8 and 9, Block 5 of the First H. W. Spivey Addition. Moved by Alderman Lambert that Resolution No. 1029 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6d A proposed resolution was presented approving an easement for Texas Electric Service Company at the new health unit. RESOLUTION NO. 1030 "BE- IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement dated January 20, 1970, in which the City of Wichita Falls grants to Texas Electric Service Company an easement and right-of-way for the con- struction and maintenance of an underground electric distribution system over a tract of land out of Blocks land 2 of the I.C.M. Blakely Addition, on which is being constructed the new Health Unit, is hereby approved, and the City Manager is author- ized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Kruger that Resolution No. 1030 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6e i A proposed resolution was presented authorizing execution of an agreement between the Wichita Falls Independent School District and the City whereby the School District i 150 Item 6e Cont'd. deeds Coyote Stadium to the City. City Manager Gerald Fox explained that the school district is presently constructing an athletic complex. Since Midwestern University stadium may be torn down, and the Oil Bowl game cannot be played in school-owned fac- ilities, the school district agreed to deed Coyote Stadium to the City, under certain conditions, primarily so the Oil Bowl game could be played in this facility. ` RESOLUTION NO. 1031 WHEREAS, the City of Wichita Falls and the Wichita Falls Independent School District have reached an agreement whereby the School District conveys to the City the Coyote Stadium properties in Wichita Falls, subject to certain covenants and conditions, said properties being described as follows: All of Blocks A, B, C and D, and Lot 19 of Block 13 of the East Sunset heights Addition, an addition to the City of Wichita Falls, Texas, and, Lots 11 through 23 of Block 3, and Lots 1 through 7 and Lots 23 through 25 of Block 4, of the Sunset Heights Addition, an addition to the City of Wichita Falls, Texas NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Deed whereby the Wichita Falls Independent School District conveys such prop- erties to the City of Wichita Falls is hereby accepted; that certain agreement dated January 12, 1970 between the School District and the City concerning the conveyance of such properties is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 1031 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Bill Lee, representing Maskat Temple, thanked the Council for their action on this matter. Item 7a Award of bid for an annual supply of automotive storage batteries was considered. it Moved by Alderman Schenk that the low bid of TWR Sales, Wichita Falls, be accepted in the amount of $2,155.12. Motion seconded by Alderman Darner, and carried unanimously. Item 7b Award of the bid for an estimated annual supply of lube oil and various greases was considered. k / Moved by Alderman Darner that the low bid of American Petrofina Company be accepted in the amount of $5,404.15. r Motion seconded by Alderman Wills, and carried unanimously. Y Item 7c r Award of the bid for an estimated annual supply of diesel fuel was considered. l Moved by Alderman Kruger that the low bid of Wichita Olney Distributing Company be accepted in the amount of $5,850.00. Motion seconded by Alderman Schenk, and carried unanimously. 151 .i Item 7d Ben Shelton, Director of General Services, recommended award of the bid for a ✓ Greens Mower for Parks and Recreation Department to Bobby Noble Sales and Service, Wichita Falls, in the amount of $2,935.10. Colonial Motors of Dallas submitted the low bid in the amount of $2,920.50; however, it was felt that the availability of local service on this equipment is worth the $14.60 difference in the bids. Moved by Alderman Schenk that the bid of Bobby Noble Sales and Service, in the amount of $2,935.10, be accepted. Motion seconded by Alderman Taylor, and carried unanimously. r Item 7e I' Award of the bid for a utility line trencher for Parks and Recreation Department was recommended to Peerless Equipment Corporation, Dallas, in the amount of $2,898,84. Moved by Alderman Schenk that the low bid be awarded as recommended. Motion seconded by Alderman Wills, and carried unanimously. E Jj'Item 7f Award of the bid for a galvanized center columnfor waste water treatment was recommended by Ben Shelton, Director of General Services, to Ralph B. Carter Company, i Hackensack, New Jersey, in the amount of $4,415.40. This item is available only from this company. Moved by Alderman Darner that the bid be awarded as recommended. Motion seconded by Alderman Schenk, and carried unanimously. Item 8a I Moved by Alderman Wills that authority be granted to advertise for bids on the following items: a. Two utility tractors - Parks and Recreation b. Slurry seal for 1970 slurry seal program c. Hot-mix surface course for 1970 reconstruction program Motion seconded by Alderman Darner, and carried unanimously. Item 9 ( Moved by Alderman Kruger that minutes of the meetings of the Electrical.Advisory Board held December 9, 1969, and Plumbing Advisory Board held January 7, 1970, be received. Motion seconded by Alderman Taylor, and carried unanimously. 'Item l0a Moved by Alderman Taylor that water reimbursement contract payments in the amount of $227.96, and sewer reimbursement contract payments in the amount of $177.02, be approved for a total amount of $404.98, as follows. D. C. Powell, Water, Omega Addition, Section Two, Exhibit A, from December 17, 1968, to December 17, 1969; $227.96 Steve Ford, Jr. and the Motel Dev. Inc. , Sewer, Motel Development, Inc. , Loop 165, from December 31, 1968, to December 31, 1969; $88.51 each Motion seconded by Alderman Schenk, and carried unanimously. 152 Item 10b Jerry Dunn, Assistant City Manager, recommended approval of Tax Adjustments Numbers 1 through 13, 205 through 224, 11791 through 11879, and 11884 through 11914, for a total amount of $7,488.59. I' Moved by Alderman Schenk that Tax Adjustments be approved as recommended. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Taylor that the meeting be adjourned. Motion seconded by Alderman Wills, and carried unanimously. The Board of Aldermen adjourned at 3:05 P.M. PASSED AND APPROVED this � ��Fi day of ;; z _ z+ , 1970. ayor ATTEST: City Clerk