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Min 04/13/1970 i 195 Wichita Falls, Texas Memorial Auditorium Building April 13, 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 8:00 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 Max Kruger X Cletus C. Schenk X Gerald Fox City Manager H. P. bodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Lambert. Visitors were welcomed by Mayor Hill, including Mrs. Schenk and family, and Mrs. Darner. Item 3 Moved by Alderman Lambert that minutes of the meeting held March 17, 19700 be approved. Motion seconded by Alderman Wills, and carried unanimously. ftem 4a j A proposed ordinance was presented closing and abandoning a portion of Normandy Drive. ORDINANCE NO. 2580 AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF NORMANDY DRIVE EX- TENDING EAST FROM BRISTOL LANE TO THE EAST BOUNDARY OF THE HIGHLAND PARK ESTATES ADDITION, AND DECLARING AN EMERGENCY. Moved by Alderman Wills that Ordinance No. 2580 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 4b A proposed ordinance was presented changing the name of a portion of Eastside Drive to Eastside Drive North, and Burkburnett Road. e ORDINANCE NO. 2581 AN ORDINANCE CHANGING THE NAME OF EASTSIDE DRIVE (SH-240) FROM THE WICHITA RIVER TO THE NORTH CITY LIMITS Moved by Alderman Kruger that Ordinance No. 2581 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None f Item 4c A proposed ordinance was presented changing certain classifications in the t Fire Department. f 196 Item 4c, cont'd. ORDINANCE NO. 2582 AN ORDINANCE A,1ENDING SECTION 15-127 OF THE CODE OF ORDINANCES, ABOLISHING THE CLASSIFICATION OF ASSISTANT FIRE CHIEF, INCREASING THE NUMBER OF FIRE- MEN TO FORTY-NINE, AND DECREASING THE NUMBER OF FIRE CAPTAINS TO SEVEN. Moved by Alderman Darner that Ordinance No. 2582 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None y Item 4d A proposed ordinance was presented authorizing the Ft. Worth and Denver Railroad to close the Fourth Street underpass. r � r ORDINANCE NO. 2583 ORDINANCE PERMITTING THE FORT WORTH AND DENVER RAILWAY COMPANY TO CLOSE AND ABANDON THE EXISTING FOURTH STREET GRADE SEPARATION AT THE RAILROAD AMARILLO MAIN LINE WITHIN THE CITY OF WICHITA FALLS. Moved by Alderman Schenk that Ordinance No. 2583 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None d Item Sa A proposed resolution was presented approving appraisals on Kell Freeway project. RESOLUTION NO. 1058 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 Lot 4, Block D, Kemp, Kell $ Joline Addition Part of Lot 4 $ 5, Block C, Kemp, Kell $ Joline Addition Lot D, Mathis Subdivision Block C, Lot 6, Kemp, Kell, Joline Addition Part of Lot 3, Block B, Kemp, Kell, Joline Addition Part of Lot 2, Block B, Kemp, Kell, Joline Addition Part of Lots 10 & 11, Block 68, Southland Addition Lot 8, Block 22-A, Highland Addition Lots 9, 10, 11, Block 22-A, Highland Addition Part of Lot 1, Block 18-A, Highland Addition Lot 4, Block 67, Southland Addition 197 Item 5a, cont'd. I Part of Lot 4, Block 62, Southland Addition Part of Lot 9, Block 2, Ed Wilson Addition Lots 3 & 4 Block 2, Spivey Addition Lots 6 $ 7, Block 2, I. Jalonick Addition 23.739 acres of land, Block 11, Kemp Subdivision, William Mayer Survey Abstract 193 2.837 acre of land, Block 11, Kemp Subdivision, William Mayer Survey Abstract 193 27.682 acre of land, Block 16 & 17, DCSL Survey Lg. 1, Abstract #58 3.069 acre of land, Block 9, DCSL Survey, Lg. 1, Abstract #58 Part of Lot 14, Block 6, West Side Addn. to highland Addition Part of Lot 15, Block 6, West Side Addn. to Highland Addition Part of Lot 17, Block 6, West Side Addn. to Highland Addition Lot 3 $ 4, Block 22-A, Highland Addition Lot 7, Block 18-A, ►iighland Addition Lot 10, Block 17-A, Highland Addition Lot 11, Block 17-A, Highland Addition Lot 12, Block 19, I. Jalonick Addition S. 50' of Lots 7 & 8, Block B, Kemp, Kell, Joline Addition Part of Lot 1, Block B, Kemp, Kell, Joline Addition Part of Lots 25 & 26, Block B, Wyatt Southside Addition Part of Lot 10, Block 2, Ed Wilson Addition S. 90' of Lots 19 & 20, Block 17, I. Jalonick Addition Combined total of values approved in this resolution-----$394,525.00. Section No. 2. The values of such properties are hereby approved and the City Manager is ereby 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-Tor 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. 1058 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5b A proposed resolution was presented approving proposals to a property owner on Old Seymour Road project. 1 198 Item 5b, cont'd. RESOLUTION NO. 1059 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 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 copies of the appraisal are now in the possession df 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: Old Seymour Road--Project 52-076--Property An 86.803 Sq. Ft.tract of land out of Lot 1, Block 20, Westside Addition to Floral Heights Addition. Total of appraisal approved in this resolution----$550.00. Section No. 2. The appraised value of such property is hereby approved and the City Manager is hereby authorized to purchase, by warranty Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such 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 this tract for such appraised value, he is hereby authorized and directed to cause to be institu- ted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 1059 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5c A proposed resolution was presented approving a revised final estimate on Wenonah-Arthur-Grant drainage and Old Seymour Road drainage projects. RESOLUTION NO. 1060 WHEREAS, the City of Wichita Falls, as owner, and Zack Burkett Company as Contractor, entered into a contract dated September 3, 1968, wherein said Contractor agreed to construct Projects No. 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, the Board of Aldermen passed and approved Resolution No. 1052 on March 17, 1970, which accepted these Projects at a total cost of $310,119.46, and authorized a final payment to the Contractor of $31,662.46; and, WHEREAS, an error was made in the calculation of the final estimate of the total cost of these projects; and, WHEREAS, a corrected final estimate has been furnished on such Projects, which shows the total amount of work done as $319,116.61, all of which has been paid to said Contractor except the sum of $8,997.15, which is the balance due on the said contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such Projects 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. i 199 Item Sc, cont'd. Moved by Alderman Darner that Resolution No. 1060 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 Sd Guss Buder, Mayor of Lakeside City, appeared in regard to an extraterritorial �. jurisdiction boundary agreement between the City of Wichita Falls and Lakeside City. fie stated that he is familiar with the official staff position, but is not in agree- ment with it. He stated that every city should have a buffer zone; that they are happy with the status quo. He also stated that he feels that the law gives them 264 feet, and they do not want to give it up. City Manager Gerald Fox explained that it is our intention to resolve conflicts where they now exist. He stated that it had not legally been established as to which part is Lakeside City and City of Wichita Falls extraterritorial jurisdiction. ✓ RESOLUTION NO. 1061 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1. That certain agreement between the City of Wichita Falls, Texas and the town of Lakes i e City, Texas, in which they agree to apportion the area where the extra- territorial jurisdiction of the two municipalities overlap, is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. SECTION 2. In the event that the governing body of the town of Lakeside City refuses to agree to this apportionment of the overlapped area, or if they fail to take any action on the agreement within a period of 60 days after this date, the City Attorney is directed to file a Plaintiff's Petition in a District Court of Wichita County, Texas, naming the town of Lakeside City as Defendant, and praying that such overlapped area be apportioned between Wichita Falls and Lakeside City, in accordance with the provisions of Section 3-B of Article 970a, Vernon's Annotated Civil Statutes. Moved by Alderman Lambert that Resolution No. 1061 be passed, with the words "60 days" being inserted in the blank. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, ,Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 5e A proposed resolution was presented approving a water purchase contract with .' Lakeside City. City Manager Gerald Fox briefed the Council on the contract. f RESOLUTION NO. 1062 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract between the City of Wichita Falls and the town of Lakeside City, wherein the City of Wichita Falls agrees to sell treated water to the town of Lakeside City, is hereby approved, and the Mayor is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 1062 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 Sf ' An addendum to the contract with Pinnell, Anderson, Wilshire, and Associates, was 200 Item 5f, cont'd. presented for approval on the solid waste study. RESOLUTION NO. 1063 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 Pinnell and Associates dated March 1, 1970, for professional consulting services in connection with the conduct of the "Systems Analysis Study of the Container-Train Method of Solid-Waste Collection and Disposal" is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 1063 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item m 5g A proposed resolution was presented authorizing sale of property on Kell r Freeway to Texas Highway Department. RESOLUTION NO. 1064 WHEREAS, the City of Wichita Falls and the Texas Highway Department are co- operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, by contract signed January 31st, 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way for this project; and, WHEREAS, the parcel hereinafter described is owned by the City of Wichita Falls and it has been appraised by appraisers employed by the Texas Highway Department; the Texas Highway Department has approved the appraised value of such parcel which is required for right-of-way for this project; and, WHEREAS, the Texas Highway Department will pay the City an amount equal to fifty percent (50%) of the total appraised value of this parcel required for right- of-way as soon as a deed thereto from the City to the State of Texas has been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute a deed conveying unto the State of Texas the following tract or parcel of land situtated in Wichita County, Texas, to-wit: Parcel 642 which is specifically described in the records of this project o1i file in the offices of the Department of Public Works in the City of Wichita Falls, The considerat- ion for such deed shall be the sum of fifty percent (50%) reimbursement of the value of Eighteen Hundred Fifty Eight ($1,858.00) Dollars for the said property under the terms of the above mentioned contract. Such deed shall reserve all of the oil, gas, and sulphur under the land conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Moved by Alderman Schenk that Resolution No. 1064 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6a Award of bid for a motor grader for the Street Department was considered. i 201 Item 6a cont'd. Browning Ferris Machinery Company, Dallas, Texas, submitted the low bid in the amount of $19,950.00; however, it did not meet specifications. Darr Equipment Company, Wichita Falls, Texas, submitted the lowest bid meeting specifications in the amount of $23,865.00. Moved by Alderman Lambert that the bid of Darr Equipment Company be accepted. Motion seconded by Alderman Schenk, and carried unanimously. Item 6b It was recommended by Ben Shelton, Director of General Services, that the low bid for 70 tons of organic base fertilizer be awarded to U.S.S. Agri-Chemicals, Dallas, Texas, in the amount of $3,755.85. Moved by Alderman Wills that the bid for fertilizer be awarded as recommended. Motion seconded by Alderman Lambert, and carried unanimously. Item 6c j ` Bids were considered on office furniture for Information System (IMIS) Project. It was recommended by Jerry Dunn, Assistant City Manager, that the bid be awarded to L. 0. Nelson on their low bid of $17,497.00. He further recommended deletion of 2 double pedestal desks ($446.00) and 2 credenzas ($484.00) from this bid since their specifications called for wooden furniture, and Steelcase does not make wooden furn- iture. These items would be purchased separately. Funds for all this furniture will be provided by the USAC Contract. Moved by Alderman Schenk that the bid be awarded to L. 0. Nelson, excluding the first two items. Motion seconded by Alderman Wills, and carried unanimously. Item 6d Ben Shelton, Director of General Services, recommended award of lowest acceptable tt bids as follows on chemicals for Health Unit. Lower bids were not acceptable. # f a. Malathion 5 Dust - Thompson-Hayward Company, Dallas, Texas - $4,590.00 b. 1,500 gallons Malathion Concentrate 950 - Public Health Equipment and Supply, San Antonio Texas , / , - $12 735.OU Moved by Alderman Darner that the lowest acceptable bids be awarded as recommended. Motion seconded by Alderman Schenk, and carried unanimously. Item 6e A tract of land on Lincoln Street was recently offered for bids by the City. This j property was appraised at $100.00 by the Tax Department. A bid of $150.00 was received from Atlas Power, Inc. , Wichita Falls. Authority was requested by Bill Schnautz, Purchasing Agent, for the Mayor to execute a deed. / RESOLUTION NO. 1065 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The bid of Atlas Power, Inc. of One Hundr@d Fifty Dollars ($150.00) for the purchase of the south one-half of Lot 17, Block 62, of the Original Town of Wichita Falls, Texas, is hereby accepted, and the Mayor is authorized to execute and deliver a deed for the City of Wichita Falls conveying said property to Atlas Power, Inc. Moved by Alderman Wills that Resolution No. 1065 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Lambert, Kruger, and Schenk Nays: None 202 s Item 6f I Two bids were received on airport parking. One bid did not meet specifications, j and there was also a wide difference in the two proposals. Moved by Alderman Wills that the two bids be rejected, and that the staff be requested to furnish the Council with new information. Motion seconded by Alderman Kruger, and carried unanimously. C Item 6g Bids were received on the 1970 seal coat program. Ernest Lillard, Director of Public Works, recommended award of the low bid to East Texas Paving Company, in the amount of $16,080.00 for slurry seal. Moved by Alderman Kruger that the bid be awarded as recommended. Motion seconded by Alderman Schenk, and carried unanimously. Item 7 Ben Shelton, Director of General Services, requested permission to advertise for f bids on the following chemicals for Water Purification Department. a. 100,000 lbs. Sodium Hexametaphosphate b. 580 tons Ferrous Sulphate c. 464,000 lbs. Silicate of Soda d. 1,680 tons Lime Moved by Alderman Schenk that authority be granted to advertise for bids as recommended. Motion seconded by Alderman Wills, and carried unanimously. Item 8 Moved by Alderman Lambert that minutes of the meetings of the following boards and commissions be received. a. Traffic Commission - March 10, 1970 b. Planning Board - March 11, 1970 c. Special Planning Board - March 27, 1970 Motion seconded by Alderman Wills, and carried unanimously. ,,ta Item 9a The Mayor announced that no official action is required on a civic center site analysis presented by Cliff Franklin, Director of Planning and Traffic, and thanked Mr. Franklin for his work on this site analysis. Item 9b Votes were canvassed for the Municipal Election held April 7, 1970. RESOLUTION NO. 1066 A RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, APRIL 7, 1970, FOR THE PURPOSE OF ELECTING MAYOR AND ALDERMEN FOR POSITIONS NO. 4, NO. 5 AND NO. 6. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held in the Memorial Auditorium Building on the 13th day of April, A.D. 1970, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 7th day of April, A.D. 1970, for the purpose of electing Mayor and Aldermen for Positions No. 4, No . 5 and No. 6; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and there were cast at said election 2720 votes for the election of Mayor and three Aldermen; and that; I �03 Item 9b, cont'd. FOR MAYOR Kenneth Hill received 2374 votes Write-in votes 91 FOR ALDERMAN, POSITION 4: Dick Darner received 2427 votes Write-in votes 24 FOR ALDERMAN, POSITION 5: J. C. Boyd, Jr. received 2402 votes Write-in votes 34 FOR ALDERMAN, POSITION 6: Ben Walker received 407 votes Peter E. Wilson received 197 votes Bill Drake received 2086 votes Write-in votes 2 AND, it appearing that Kenneth Hill received the greatest number of votes cast at said election for Mayor; that Dick Darner received the greatest number of votes cast at said election for Alderman, Position 4; that J. C. Boyd, Jr. received the greatest number of votes cast at said election for Alderman, Position 5; and that Bill Drake received the greatest number of votes cast at said election for Alderman, Position 6. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Kenneth Hill was duly and legally elected Mayor of the City of Wichita Falls, Texas, and that Dick Darner, J. C. Boyd, Jr. , and Bill Drake were duly and legally elected Aldermen of the City of Wichita Falls, Texas, at said election, and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. Moved by Alderman Wills that Resolution No. 1066 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Lambert, Kruger, and Schenk Nays: None 1 Alderman Kruger remarked that it has been his privilege to serve on the Council for the past four years, and thanked the citizens for this privilege. He lauded other members of the Council, staff members, and City Managers Jack Davis and Gerald Fox, with whom he had been associated with. Alderman Schenk also expressed his privilege of serving the citizens for the past six years, stating it had been an honor; that he wished more people would avail themselves of the opportunity to serve on the Council. He also lauded other council members, two fine city managers, and city employees in general. Mayor Hill thanked Aldermen Kruger and Schenk for their service, and expressed best wishes and God's blessing on each. r Mrs. Wilma Thomas, City Clerk, administered the oath of office to the newly elected mayor and aldermen. Alderman Boyd and Drake expressed their pleasure at having been elected to serve the City. Mayor Hill pledged to represent the City honestly,and to be a good council. Moved by Alderman Darner that the meeting be adjourned. Motion seconded by Alderman Lambert, and carried unanimously. The Board of Aldermen adjourned at 9:40 P.M. PASSED AND APPROVED this �/, day of _ y.���% , 1970. ATTEST: City Ter Mayor