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Min 03/17/1970 183 Wichita Falls, Texas Memorial Aduitorium Building March 17, 1970 Items 1 4 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in special session on the above date in the Council Room of the Memorial Auditorium Building at 1:30 o'clock P.M. , with the following members present: Kenneth Hill Mayor Don Wills X Harrison E. 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. The purpose of meeting at 1:30 is to open bids for the sale of $2,000,000 General j Obligation Bonds, Series 1970. Frank Medanich, of the First Southwest Company, the City's financial advisors, opened the bids, as listed below, with the effective interest rate shown. First National Bank in Dallas and Associates 5.84057 Continental Illinois National Bank and Trust Co. of Chicago 5.98056 First Southwest Company, Dallas 5.97464 First National City Bank, New York City 5.9158 Republic National Bank of Dallas and Associates 5.7697 The meeting was recessed until the regular meeting time of 2:30 P.M. The meeting was re-convened at 2:30. Frank Medanich reported that all bids had been checked, and were correct. He recommended award of the bid to Republic National Bank of Dallas, and Associates, at an effective interest rate of 5.7697%. He stated that he thought that the bid was extremely good. Moved by Alderman Wills that the bid of Republic National Bank of Dallas, and Associates, be accepted as recommended. Motion seconded by Alderman Taylor, and carried unanimously. Item 3 Moved by Alderman Schenk that the minutes of the meeting held March 3, 1970, be approved. Motion seconded by Alderman Wills, and carried unanimously. ' Item 4 A _proposed ordinance was presented authorizing issuance of $2,000,000 General Obligation Bonds. H. P. Hodge, Jr. , City Attorney, explained the provisions of the ordinance. ,� ✓ ORDINANCE NO. 2576 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. Moved by Alderman Taylor that Ordinance No. 2526 be passed. 184 Item 4 Cont'd. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 5 i/ Mayor Hill opened the public hearing on the 1970 Street Reconstruction program. Lee Sellers, Attorney, 1300 City National Building, appeared as a representative of Bobby Burns. He stated that Mr. Burns had been assessed for curb and gutter, drive- way, and sidewalk, but that he was only protesting the sidewalk assessment amounting to $2,569.00, and he does not feel it will benefit his property in that amount. He further stated that this sidewalk (1490 feet in length) would be of no utility to his household. lie stated that there are no sidewalks on Lake Park Drive, at Funland, or Weeks Park Golf Course. Mr. Sellers requested that if the City desired to install this sidewalk on Mr. Burns' property, that it do so at its own expense. Mr. Lillard explained that there is not sufficient right-of-way on the east side of the street to construct sidewalks; however, at such time as development takes place then the owner would be required to dedicate enough right of way for construction of side- walks. City Manager Gerald Fox stated that although there are no other sidewalks in that area, they were not required when the subdivision was built. They have been required since 1968. Mr. Sellers presented a report to the City Clerk from Mr. Healy regarding en- hancement of this property. Alderman Lambert secured the report from the City Clerk. Mr. Lillard further explained that no assessment is being made for street paving. Also, that before any building permit could be issued on the east side of the street, that sidewalk would be required, and dedication of enough land to build it. Mr. Sellers stated that considering the pecularities of this property, that sidewalks would not enhance the value of the property at all. Aldermen Wills, Lambert, and Darner questioned the sidewalk requirement at this location. Buford Rice, 4104 Emerson, appeared in regard to paving reconstruction on Beverly Drive at the Beverly Drive-In Restaurant. Mr. Lillard explained that the curb pres- ently in existence would be left, but pavement would be removed and new pavement in- stalled; however, he would not be charged for it. lie will be charged for sidewalks and curb and gutter where there is not now any in existence. Drive approaches will also be assessed. Mr. Rice stated that he could not see any benefits from it, and objected to paying for it. Fred Mitchell, 709 Loban, appeared asking that sidewalks be deleted in order that they may have a wider street. He explained that a 40-foot street did not leave much room for sidewalks, and that he was primarily interested in a wide street. He statdd that he would be willing to give extra right-of-way for sidewalk construction, although a financial situation would be involved. He later explained that several cyclone fences would require moving. Mr. Lillard explained that in this location they are doing the streets the only way possible. The area is so flat, and in order to drain it they have to create a high point in the curb and gutter, and then stop. (Only a portion of this area is being reconstructed this year, with the remaining planned hopefully for next year). E. D. Potter, representing Latter Day Saints Church (Manchester Street), stated they were in favor of the paving. L. E. Reeves, 703 Loban Lane, stated they were looking forward to the street im- provement, but would like to maintain the 40-foot street width. Mr. Lillard stated they would have to have a five foot easement on each side of the street in order to obtain additional right-of-way for sidewalks. Ernest Lillard, Director of Public Works, read a letter from Mr. and Mrs. Charles B. Blair, 701 Loban, stating they were grateful for the proposed street improvement, but requested that sidewalks be deleted; that they would serve no useful purpose at this time. G. J. Wachsman, 710 Powell, stated he is in favor of sidewalks. Edwin H. Farris, 3116 Manchester, inquired whether a petition would serve any purpose, either for or against sidewalks. Alderman Lambert stated it would not unless i 185 Item 5 Cont'd. there were some special circumstance that would warrant deletion of sidewalks. City Manager Gerald Fox explained that this project was .requested by the property owners in this area, and the lack of drainage gave this project a higher priority. Mr. Farris stated that the only part he objects to is sidewalks. John Coppage, 1557 Hanover, who owns property at 750 Loban and also on Ross Avenue, stated he is in favor of this reconstruction program. Bill Black, 3119 Manchester, inquired where water would be drained. It was ex- plained that a storm drain would be installed in the center of the street that would drain it to the river. He also questioned the driveway approach assessment. Mrs. William P. Staton, 2004 Huff, .stated that she and J. M. Green owned property on Beverly Drive, and are pleased about the project. She inquired how soon payment would be required because she would be out of town for a few weeks, and didn't want to miss it. It was explained to her that it would be several months before payment would be required. John Bingham, 2610 Chase, appeared as owner of the property at 704 .Loban. He objected to sidewalks. fie also stated he didn't know where the drainage would go. No one else desired to be heard. ` ORDINANCE NO. 2577 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING BEVERLY DRIVE, LAKE PARK DRIVE, LOBAN LANE, MANCHESTER ROAD, POWELL LANE AND ROSS AVENUE DESIGNATED AS THE 1970 RECONSTRUCTION PAVING PROGRAM, IN THE CITY OF WICHITA FALLS, TEXAS, FIXING 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 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 AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Wills that Ordinance No. 2577 be passed, but that the staff be directed to look into the property on Lake Park Drive, and the whole design of that particular area. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 6a M. E. McCullough appeared concerning sidewalks in the 3300 block of Harrison. He explained that those in the 3300 block would like to install a four-foot sidewalk T' against the curb instead of a six-foot sidewalk. (The ordinance provides for either Ja four-foot sidewalk one foot on the street side of the property line or a six-foot sidewalk adjacent to the curb) . Mr. McCullough had previously explained in a letter to the City Manager that the property line in this block is nineteen feet inside the curb. It was his opinion that six feet is wider than necessary; also, that a narrower sidewalk looks better. J. R. Bradley, 3304 Harrison, inquired if their sidewalks would be disturbed by other street construction in the area. It was explained that there would be no constr- uction on Harrison in the Archer-Hamilton-Hampstead project. Bill Martin, 3300 Harrison, stated that they had had some trouble with persons using Martin Plaza, and expressed a desire that sidewalks not be installed. Alderman Darner stated that in his opinion they were not serving any purpose of sidewalks in this area. Paul Herold, 3310 Harrison, stated that he does not like the looks of a six-foot sidewalk, and requested consideration of a four-foot sidewalk at the curb, if they are required to have one. 186 Item 6a Cont'd. Moved by Alderman Schenk that four-foot sidewalks at the curb be authorized in the 3300 block of Harrison Street. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Alderman Wills, Taylor, Darner, and Schenk Nays: Alderman Lambert 4' Item 6b Dr. P. K. Smith. 2110 Wenonah, appeared in regard to sidewalks on the Old Seymour Road project, .and to save his trees. In an effort to assist Dr. Smith as much as possible, the engineering department has proposed a three-foot offset in alignment at Wenonah. Dr. Smith stated that he desired the center of the street to be in the middle of the right-of-way line. He also requested that sidewalks not be required on his side of the street in order to save his trees. Ile also asked that the project be abandoned, or that widening be omitted between Santa Fe and Colquitt. Alderman Wills inquired if there were any way to save these trees. Mr. Lillard explained that they had studied it in every way. Even if sidewalk were omitted, they would damage the root structure of the trees in installing curb and gutter. Moved by Alderman Lambert that the Seymour Road project be completed with the requirement of four-foot sidewalks on both sides for the length of the project as planned, with the changes made on the plat as shown. Motion seconded by Alderman Schenk. Alderman Darner stated that in reconstruction programs, sidewalks are necessary for continuity of the whole street, and in his opinion this is an entirely different situation from the sidewalks previously discussed, and that he is not against the sidewalk ordinance. The motion was carried by the following vote: Ayes: Mayor Hill, Aldermen Taylor, Lambert, and Schenk. Nays: Aldermen Wills and Darner Item 7a r ' Mr. H. W. Fillmore appeared as Attorney for Southwestern Bell Telephone Company, stating that the ordinance closing an alley in Block 92, Original Townsite, is acceptable, and that deeds have been signed for purchase of land on either side of the alley. ORDINANCE NO. 2575 AN ORDINANCE PERMANENTLY ABANDONING THE ALLEY BETWEEN LOTS 1-8 AND LOTS 22-29 OF BLOCK 92 OF THE ORIGINAL TOWNSITE TO THE CITY OF WICHITA FALLS, TEXAS, AND RETAINING EASEMENT RIGHTS. Moved by Alderman Schenk that Ordinance No. 2575 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None J ( Item 7b - - - - - - - - - i A proposed ordinance was presented establishing parking meter zones on the east side of the 1000 block of Travis Street. / / ORDINANCE NO. 2578 AN ORDINANCE AMENDING SECTION 29-148 OF THE TRAFFIC ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PARKING METER ZONES. Moved by Alderman Schenk that Ordinance No. 2578 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: i 187 Item 7b Cont'd. Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None JItem 7c 9 A proposed ordinance was presented accepting improvements on certain streets in the 1968 assessment paving program. 1 ORDINANCE NO. 2579 ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1968 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORD- INANCES NO. 2408, NO. 2417, NO. 2423, AND NO. 2458; DECLARING THE CONTRACT WITH R. 0. GREEN CONSTRUCTION COMPANY, TIMMINS AND ANDERSON, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; 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 Schenk that Ordinance No. 2579 be passed. I Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 8a A proposed resolution was presented accepting improvements on Wenonah-Arthur- Grant and Old Seymour Road drainage projects, and authorizing final payment to the (J contractor. RESOLUTION NO. 1052 a WHEREAS, the City of Wichtia Falls, as owner, and Zack Burkett Company as Contractor, entered into a contract dated September 3', 1968, wherein said Contractor agreed to construct Project Nos. 52-076A and 52-081, Old Seymour Road Drainage and Wenonah-Arthur-Grant Drainage, of the 1967 Capital Improvements Program; and WHEREAS, these Projects have been completed in accordance with the plans and specifications; and, WHEREAS, a final estimate has been furnished on such Projects, which shows the total amount of work done as $310,119.46, all of which has been paid to said Contrac- tor except the sum of $31,662.64, which is the balance now due on said contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such Project by said Contractor is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay to said Contractor the balance due as shown on such estimate. Moved by Alderman Lambert that Resolution No. 1052 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 8b ( A proposed resolution was presented authorizing proposals to property owners on ,� Kell Freeway. 188 Item 8b Cont'd. i ✓ RESOLUTION NO. 1053 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, THAT: SECTION NO. 1 The project and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property 0.542 acre 6f land out of Block 4 4 5 S. R. Lodolphus S/D, William Mayer Survey Abstract No. 193 Lot 7, Block 95-A Highland Addition Lot 3, Block 1 W. E. Wilson Addition W. 100' of Lot 13, Block 93-A Highland Addition Lot 7, Block 72 Southland Addition Lot 4, and W. 1/2 of Lot 3, Block 75 Southland Addition Lot 7, 8, 9, 10, 11 and 12, Block 73 Southland Addition Lot 3, Block 73 Southland Addition Lot 24, Block 61 Southland Addition Part of Lot 8, Block 6 First H. W. Spivey Addition Part of Lot 2, Block 67 Southland Addition Part of Lots 1 and 2, Block C Wyatt Southside Addition All of Block 36 I. Jalonick Addition Lot 1 and 2, Part of Lot 3, Block 1, Elliott Addition Part of Lots 4 and 5, Block 1 Elliott Addition 3.292 acre of land out of Block 4 D.E.S.L Survey Lg. 2, Abstract No. 57 Part of Lots 1 and 2, Block 105-A Highland Addition i 189 Item 8b Cont'd. Part of Lot 1, Block 2 W. E. Wilson Addition I Lot 2, Block 2, W. E. Wilson Addition Lot 4, Block 2, W. E. Wilson Addition Lot 4, Block 1, W. E. Wilson Addition 0.205 acre of land out of William Mayer Survey Abs. 193 0.063 acre of land out of Block 12, Bartosh S/D, William Mayer Survey A-193 Part of Lots 12 and 13, Block 93-A, Highland Addition Part of Lot 8, Block 92-A, Highland Addition Lots 5 and 6, Block 93-A, Highland Addition Lot 5, Block D, Kemp, Kell and Joline Addition N. 75' of .Lot 19, Block 17, I. Jalonick Addition N. 75' of Lot 20, Block 17, I. Jalonick Addition Part of Lot 1, Block 17, I. Jalonick Addition, Vol. 1017, P. 14 1.855 acre of land out of part of Block 13, J. Bartosh S.Div. Abs. 193 1.824 acre of land out of Block 14, J. Bartosh S/D Abs. 193 1.554 acre of land out of Block 2, J. Bartosh S/D Abs. 193 1.285 acre of land out of part of Block 3, J. Bartosh S/D Abs. 193 0.982 acre of land out of Block 4, J. Bartosh Subdivision Abs. 193 Combined total of values approved in. this resolution ---------------$325,060.00 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 iand 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 or 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. 1053 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: 190 Item 8b Cont'd. Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None ,l t Item 8c A proposed resolution was presented authorizing purchase of the entire parcel i of Lot 10, Block 5, H. W. Spivey Addition. Partial taking had previuosly been authorized. RESOLUTION NO. 1054 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-071 under the 1967 Capital Improvements Program, and, WHEREAS, in Resolution No. 1036, passed and approved by the Board of Aldermen of the City of Wichita Falls on February 17, 1970, the appraised value of $5,760.00 was approved for the partial taking of Lot 10, Block 5, of H. W. Spivey Addition, and, WHEREAS, the appraised value for the whole taking of Lot 10, Block 5 of H. W. Spivey Addition is $6,850.00 and, WHEREAS, the owner of Lot 10, Block 5 of H. W. Spivey Addition desires to sell the 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 Lot 10, Block 5, H. W. Spivey Addition in the amount of $6,850.00 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 10, Block 5 of H. W. Spivey Addition. The Mayor is authorized to transfer title to the Texas State Highway Department, by Warranty Deed, that portion of Lot 10, Block 5 of H. W. Spivey Addition required for right-of-way for the Kell Freeway Project. The Mayor is further authorized to sell, through competitive bidding, the remainder of Lot 10, Block 5, of H. W. Spivey Additiou. Moved by Alderman Schenk that Resolution No. 1054 -be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 8d & e Jerry Dunn, Assistant City Manager requested authority for the City Manager to enter into contracts frith BASYS, Inc. , in the amount of $1,018,967, and with the University of Kansas in the amount of $721,388, for development of an integrated municipal information system. i/ RESOLUTION NO. 1055 WHEREAS, by Resolution No. 1051, the Board of Aldermen of the City of Wichita Falls approved a certain contract between the City of Wichita Falls and the United States, providing for the development of an integrated municipal information system; and, WHEREAS, such contract provides that the City will enter into a subcontract with BASYS, Inc. to secure its participation in such project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between the City of Wichita Falls and BASYS, Inc. , pro- viding for the latter's participation in the development of the integrated municipal information system is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. i 191 Item 8d $ e Cont'd. Moved by Alderman Darner that Resolution No. 1055 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None ✓ J RESOLUTION NO. 1056 WHEREAS, by Resolution No. 1051, the Board of Aldermen of the City of Wichita Falls approved a certain contract between the City of Wichita Falls and the United States, providing for the development of an integrated municipal information system; and, WHEREAS, such contract provides that the City will enter into a subcontract with the University of Kansas to secure its participation in such project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between the City of Wichita Falls and the University of Kansas, providing for the latter's participation in the development of the integrated muncipal information system is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 1056 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Schenk Nays: None Item 9 Only one bid was received for concession rights at Spudder and Scotland Parks and Coyote Stadium. Mr. C. Leonard Walton submitted a lump sum bid of $600.00 for Spudder and Scotland Parks, and a bid of 15% of gross sales for Coyote Stadium. Lloyd Rigby, Director of Parks and Recreation, recommended award of the bids to Mr. Walton. Moved by Alderman Wills that the bids be awarded as recommended. Motion seconded by Alderman Lambert, and carried unanimously. u Item l0a Ernest Lillard, Director of Public Works, requested permission to advertise for bids for Hampstead-Taft and Kell Freeway outfall drainage projects. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. 'f Item 10b Permission was requested by Ben Shelton, Director of General Services, to advertise for bids for an estimated annual supply of chemicals for the vector control program conducted by the Health Department. Moved by Alderman Darner that authority be granted to advertise for chemicals / for vector control. Motion seconded by Alderman Wills, and carried unanimously. Item 10c Jerry Dunn, Assistant City Manager, requested permission to advertise for bids on furniture and equipment for the Information Systems. Project. He explained that all 191 Item 10c Cont'd. this furniture and equipment will be funded by the USAC Project; however, it will be purchased through our purchasing office, and thus permission is requested to advertise for bids on these items. Moved by Alderman Taylor that authority be granted to advertise for bids as re- quested. ,1 Motion seconded by Alderman Lambert, and carried unanimously. ✓ - - — — — — — — — �� Item 10d i Dr. Charles M. Parker, Director of Health Unit, requested permission to advertise j � for bids on furniture and equipment for the new health unit which is not already - involved in the construction contract. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item Ila l +� Mr. V. L. Proffer, 3501 Cumberland, appeared in regard to assessment paving costs. He stated that he did not think it fair to bill them for front foot cost when it was on side footage. Mr. Lillard recommended that the entire lot be assessed as side footage. Normal assessment policy would be to allow the side lot rate for a maximum of 200 feet, and front rate for any distance in excess of 200 feet. Since a deed restriction prohibits these property owners from re-subdivision of their property, it is recommended that their entire lot be considered as side lot. Other property owners affected are Wilma S. Davy, 3500 Cumberland, Theresa Pardo, 3314 Cumberland, and Jerry W. Brumbalow, 2190 Avenue 0. Each property owner's original assessment was 41,095.23, and Mr. Lillard recommended an adjusted assessment in the amount of $907.05. Moved by Alderman Darner that the recommended adjustment be made. Motion seconded by Alderman Taylor, and carried unanimously. Item llb & c Jimmy Horany, Attorney for the Bowman Community, appeared in regard to a rural e water system. He explained that the type and size of pipe requested by the City is what they are primarily in disagreement with. lie stated that some city parks had used PVC type of pipe, with two-inch lines. Alderman Wills clarified that this was used for sprinkler systems. Ile stated they would like to use 4 and 2 inch pipe. There was considerable discussion on the amount of money which they could obtain from HUD for this project. Mr. Horany stated they were not objecting to another type of pipe if HUD would approve another rate structure, or come across with some more money. fie suggested that perhaps they could apply to HUD for additional funds. Paul Sorenson, Chairman of the Bowman Community, stated that by changing the rate structure, it would make it almost financially impossible to construct. Ernest Lee, Engineer for this project, stated that he believed they could satisfy the water department staff regarding the pipe. RESOLUTION NO. 1057 WHEREAS, the present policy of providing water and sewer services outside the city limits of Wichita Falls tends to encourage non-standard development in our extra- territorial jurisdiction; and, WHEREAS, any policies, or lack of policies, which foster improper development on the periphery of the city stand as clear threat to proper growth and maintenance of land values; and, WHEREAS, the Legislature of the State of Texas established extraterritorial jurisdiction in the 1963 Municipal Annexation Act to insure that a city would have certain controls on the development of areas adjacent to the city which would eventually become a part of the city; and, WHEREAS, it is now deemed advisable to require development outside the city limits i 192 Item llb & c Cont'd. to be compatible with current development policies in Wichita Falls before water and sewer services are provided; and, WHEREAS, Resolutions No. 617 and 693 are no longer applicable and, therefore, should be superseded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I SECTION 1. The following policy shall be established to govern the sale of water and sewer services outside the city limits of Wichita Falls: 1. New develo meet outside incorporated cities but .within the 5-mile extra- territorial jurisdiction of Wichita Falls. These rules shall apply to su - divisions within the 5-mile extraterritorial jurisdiction of the City of Wichita Falls. The developments should comply with the Subdivision Regulations, Building Code, Electrical Code, Plumbing Code and any other ordinance or reg- ulation which applies within the City of Wichita Falls. As indicated by the Subdivision Regulations, the size of the extended mains would be determined by the ultimate development of the area, not just the initial development. The minimum monthly price for such water, taps and deposits shall be twice the amount for the established minimum and other quantities of water for a similar service in the city limits. Cost of water main construction shall be borne by the developer and all mains shall become the property of the City of Wichita Falls. If reasonably available, sewer service shall also be provided. 2. Incorporated Cities. The following guidelines shall apply to the sale of water to incorporated cities: a. Water shall be sold to incorporated cities or towns only when it is advantageous both to Wichita Falls and to the other city or town. b. Any city or town buying water from the City of Wichita Falls shall not resell any of such water to users outside their city limits unless specifically authorized to do so by the City of Wichita Falls. c. Such city or town shall furnish adequate facilities at the proper place and in the proper, size to receive, store and distribute the water. d. The minimum monthly price for such water shall be based on a minimum quantity of water per month, and will be the monthly demand charge based on the maximum day's use in the current month and the preceding eleven (11) months. The usual monthly charge will be the commodity charge plus demand charge or a one or two step flat rate based on the cost of water plus an additional percentage with a monthly minimum based on the number of water meters. e. Each contract providing for the sale of water to a city or town shall contain a provision governing situations when water is in short supply, and other such provisions as are deemed advisable by the. Board of Aldermen. f. The water so sold may be either treated water or untreated water. g. The incorporated city shall either provide an air-gap at the point of connection to the Wichita Falls system or make a minimum payment of cost plus a percentage for any effort required from the City of Wichita Falls to help the incorporated city comply with the standards of Texas Department of Health, Article 4477-1 Vernon's Annotated Civil Statute and provisions of Article VIII of Chapter 23 of the Code of Ordinances of the City of Wichita Falls entitled, "Water Supply and Distribution". h. In addition to water service, sewer service shall be provided if reasonably available. 3. Rural Water Systems in Uninco orated Areas. Within the Wichita Falls extra- territorial jurisdiction these facilities should conform to City specifications. New developments using these facilities should comply with Paragraph 1 above. Existing development shall conform to Paragraph 3g stated below. a. Water shall be sold to rural water systems only when it is advantageous both to Wichita Falls and the rural water system. b. Any rural water system buying water from the City of Wichita Falls shall not resell any of such water to users outside of their original system, un- less specifically authorized to do so by the City of Wichita Falls. 193 Item llb 4 c Cont'd. c. Such rural water system shall furnish adequate facilities at the proper place and in the proper size to receive, store and distribute the water. d. The price for such water will be the established rates to single consumers in Wichita Falls plus an additional percentage or a one or two step flat rate based on the cost of water plus an additional per- centage with a monthly minimum based on the number of water meters. e. Each contract providing for the sale of water to a rural water system shall contain a provision governing situations when water is in short supply, and other such provisions as are deemed advisable by the Board of Aldermen. f. The water so sold may be either treated water or untreated water. g. Rural water systems shall either provide an air-gap at the point of connection to the Wichita Falls system or make a minimum payment of cost plus a percentage for any effort required from the City of Wichita Falls to help the rural water system comply with the standards of Texas Depart- ment of Health, Article 4477-1 Vernon's Annotated Civil Statute and pro- visions of Article VIII of Chapter 23 of the Code of Ordinances of the City of Wichita Falls entitled, "Water Supply and Distribution". h. All plans and specifications for the system or further extensions shall be approved by the Director of Public Utilities. i. In addition to water service, sewer service shall be provided if reasonably available. 4. Individual Owners. For single tracts contiguous to the city limits or contiguous to a water main which the City of Wichita Falls has extended out- side the city limits for its benefit, the extensions shall be made to city specifications at the owner's cost and all mains shall become property of the City. The minimum monthly price for such water, taps and deposits shall be twice the amount charged for the established minimum and other quantities of water for a similar service connection in the city limits. If reasonably available, sewer service shall also be provided. SECTION 2. Resolutions No. 617 and No. 693 and any other resolutions, or portions thereof, in conflict herewith, are hereby repealed. Moved by Alderman Wills that Resolution No. 1057 be passed. Motion seconded by Alderman Taylor. Alderman Lambert stated that he is in disagreement with that part of the resolution having to do with rural water systems of unincorporated cities insofar of plastic pipe grades - Section 10 Parts 1 and 3. Alderman Wills stated that this policy is a good one in the long run. The motion was carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Taylor, and Darner Nays: Aldermen Lambert and Schenk Alderman Wills requested that a study be made of the Plumbing Code regarding pipe. Item lld Moved by Alderman Wills that water reimbursement contract payments in the amount of $3,587.81, and sewer reimbursement contract payments in the amount of $932.14, be approved in a total amount of $4,519.95, as follows: Skyline Dev. Inc. , Water, Fountain Park, Section 1-A from January 1969, to January 1970; $1,905.22 Eden Hills Development Company, Water, East Eden Hills, Sections A and Al, Exhibit A, from January 13, 1969, to January 13, 1970; $1,682.59 Eden Hills Development Company, Sewer, East Eden Hills, Sections A and Al, Exhibit A. from January 13, 1969, to January 13, 1970; $369.47 i 194 Item lld Cont'd. Douglas Leffall and L. R. Bloodworth, Sewer, Leffall Heights Addition from February 8, 1969, to February 8, 1970; $108.57 Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from January 30, 1969, to January 30, 1970; $454.10 Motion seconded by Alderman Schenk, and carried unanimously. Item Ile r i N Ernest Lillard, Director of Public Works, presented a request from Conoco Oil f i Company for access to Kell Boulevard at McNiel. After a study of this request by Public Works and Planning, it is recommended that access be permitted subject to the following conditions. 1. Construction of a 12 foot deceleration lane at least 400 feet in length and connecting from the west most entrance on to McNiel Avenue. Plans and specifications to be approved by the City Engineer. 2. Reconstruct the drainage structure under Kell Boulevard to provide at least 10 feet from the edge of the new paving to the structure. 3. Provide access easements where necessary to widen existing right-of-way for the improvements required herein. Moved by Alderman Schenk that the request be granted as set out in the recommendations. Motion seconded by Alderman Wills, and carried unanimously. Item 12 C ; Weldon C. Franklin, Director of Planning and Traffic, requested permission to sell surplus city-owned property known as the south half of Lot 17, Block 62, Original Townsite. This land is located east of the Lincoln Street railroad overpass. Moved by Alderman Darner that authority be granted to advertise for bids on surplus city property off Lincoln Street. i j Motion seconded by Alderman Wills, and carried unanimously. I J Item 13 r Moved by Alderman Schenk that the contract be directed to construct four-foot side- walks next to the curb near the property of Charlye 0. Farris on Duncan Street, and that other facilities be placed in the same condition that it was before. Alderman Taylor stated that apparently she feels that if sidewalks were installed then she would not have the same access to her property as before - also, that the appearance might not be the same. lie further stated that he did not think they would install the sidewalk and not put her property back in proper condition. City Attorney H. P. Hodge, Jr. stated that she had restrained the City from con- structing the sidewalk; that two lawsuits had been tried, and two judgments rendered in our favor. She asked the Court for suspension of the judgment in order for her to appeal it. tie further stated that he believed her time for appeal had about run out, and as soon as it does the City can proceed with the building of the sidewalk. The motion died for lack of a second. ✓ Mayor Hill announced that this is the last official meeting for Aldermen Kruger Y g g and Schenk, and expressed his pleasure of having served with both of them. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 6:05 P.M. I PASSED AND APPROVED this SZ`1,1 day of 1970. ATTEST: j ayor -Lity Clerk