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Min 06/02/1970 230 Wichita Falls, Texas Memorial Auditorium Building June 2, 1970 Items 1 4 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 J. C. Boyd, Jr. X Bill Drake X Gerald Fox City Manager 11. P. (lodge, Jr. City Attorney Evelyn M. Lesh Acting City Clerk The invocation was given by Alderman Boyd. i Mayor Hill welcomed the visitors and stated fie was pleased to see this many citizens. Several members were present from the Board of Commerce and Industry. The Mayor gave a special welcome to them. Item 3 Moved by Alderman Boyd that minutes of the meeting, held on May 19, 1970, be approved. Motion seconded by Alderman Wills, and carried unanimously. I t ems 6b 4 c City Manager Gerald Fox presented resolutions approving application for prelim- inary loan for low rent public housing, and authorizing publication of the intent to enter into a cooperation agreement with the Housing Authority of the City of Wichita Falls. Elmer Parish stated they have been informed that we have a good chance of qual- ifying for the low rental units, but they have to get approval from the council for a preliminary loan in the amount of $60,000, which would be advanced by the Govern- ment. The Federal Government finances all of this program. Mr. Parish requested approval of the application for the loan. 01 / RESOLUTION NO. 1085 RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW RENT PUBLIC HOUSING. WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Mousing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Department of Housing and Urban Development. shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such prelim- inary loan; and 231 Items 6b & 6c Cont'd. WHEREAS, the Housing Authority of the City of Wichita Falls, Texas, (herein called the "Local Authority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent hous- ing. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICIIITA FALLS, TEXAS, THAT: SECTION 1. There exists in the City of Wichita Falls, Texas, a need for such low-rent housing at rents within the means of low-income families; SECTION 2. The application of the Local Authority to the Department of Hous- ing and Urban Development for a preliminary loan in an amount not to exceed $60,000.00 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 150 dwelling units is hereby approved. Moved by Alderman I^:ills that Resolution No. 1085 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None RESOLUTION NO. 1086 RESOLUTION AUTHORIZING PUBLICATION OF THE INTENT TO ENTER INTO A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF WICHITA FALLS, TEXAS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHI`I'A FALLS, TEXAS, THAT: : SECTION 1. The City Clerk is hereby authorized and directed to give notice of the intention of the City of Wichita Falls, Texas, to enter into a Cooperation Agreement with the Housing Authority of the City of Wichita Falls, Texas, by pub- lishing a copy of said notice in the Wichita Falls Times and Record News, which is the City's officially designated newspaper. SECTION 2. Said notice shall be published twice within a period of sixty (60) days, and shall state that at the expiration of sixty days from the date of the first publication, the City will consider the question of whether or not it will enter into a Cooperation Agreement with the housing Authority. SECTION 3. The City Clerk shall keep a copy of the Cooperation Agreement pro- posed availa le for inspection by the public at the office of the City Clerk during usual business hours. SECTION 4. This Resolution shall take effect immediately. Moved by Alderman Taylor that Resolution No. 1086 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 4a Mayor Hill opened a public hearing to consider annexation of several tracts of land into the city limits. Jim McDonald, President of Board of Commerce and Industry, stated that he does not feel that this should be taken into the city limits at this time, that the land is undeveloped, that it is raw land. He stated that his organization is a non-profit organization. Ile asked the council to give serious consideration not to incorporate it into the City at this time. He stated the areas are 15 and 16 as shown on the map set up in the council room. Mr. McDonald told the council that the organization has building restrictions that are more strict than the City, that they build according to the City code or better. i 232 Item 4a Cont'd. City Attorney H. P. Hodge stated there is no reason why we couldn't annex or refrain from annexing this property. Mr. Fox explained that it could be deleted from the ordinance, but after it had been advertised it couldn't be deleted. Mr. Hodge recommended that no action be taken today on annexation. Mr. McDonald stated that they have three pages of site restrictions. They have restrictions on where the building will be located, and also regulations on bill boards and signs. A copy of the site restrictions was passed out to council members. Herb Appel, 4631 Monterrey, (Executive Vice President of Board of Commerce and Industry) , stated they had never made a concession on taxes to any industry. Ile stated that properties that have been developed have paid into the City, $29,000, in City and School taxes since 1967. They took in $18,000 in County ' and State ti taxes. From water, they are anticipating the City will take in $16,000 this year. fie stated they maintain control over the Velcro property; that a building cannot be built without their approval. Even though the land has been sold, they approve the plans and specifications. There is a Building and Site Committee, and 3 architects on a rotating basis. Mr. Hodge stated that if one building should be built sub- standard, we would move in and annex at that time. j Charles Pfeifer, 1653 Lucile, asked what assurance he could have that he would get utilities. His land is south of the Athletic Complex. Mr. (lodge read the prov- ision of the law regarding the City's installing utilities in an annexed area. (Mun- icipal Annexation Act 10A) . Mr. Pfeifer asked if they would have to tear down the fishing cabins. Alderman Lambert stated that unless they violated the health code, that they probably wouldn't have to be torn down. Mrs. Una Royal, 2109 Hiawatha, stated she has 11 acres on the east edge of town off McKinney Road. She stated she would like not to have it annexed. She stated that she didn't see that it could do the City any good. It has a warehouse, one house, and a mobile home on it; also there is a storage there for gasoline. The area is in Area 14. Mr. Fox stated that property all around is in the city limits. Mr. Lee Sellers, Attorney, appeared with reference to Area 8, stating he owns an interest in property there, and speaks for owners of other acreage. He thinks it is a little early to annex. At present the tracts are completely unimproved. Alderman Wills asked if it didn't give him incentive to develop it sooner. Mr. Sellers stated r he had only had one offer to buy that property since they have owned it. Mr. D. W. Wiley, 2012 Lucile, stated that in Area 8 they have livestock, that one portion is an old gravel pit and it had been bulldozed in until it was filled. Ile stated there was a large hog farm on Gregg Road. There was trash and debris at F.M. 2650. During the past year the Miley Boat Company needed some expansion and they sold acreage to them. Iie stated Hulen Cook owns a 5 acre tract and he lives on it; and fie is the only person that lives between the city limits and Barnett Road. Ile thinks they are farther away from development than they were 10 years ago, and he wishes he could hold it until it is worth taking into the city limits. Bob Diggs, 3110 loth, stated that north of the Athletic Complex he has 85 acres, which is in the upper portion in Area 8. fie stated that if it is annexed into the city limits, it will raise the taxes. The school tax has been increased 15 or 20 times. Mayor Hill stated that the City has nothing to do with school taxes. Mr. Diggs stated the only thing he could do was keep cattle on the land; it is only farm and grazing land. lie tried to auction his land, but was offered only 1/5 of the price that Rider high land sold for. Joe Martini, 4510 Barnett Road, stated he had 44 acres north of the railroad track. fie quit farming on account of the taxes and let the land lay and got a job. lie stated his house was built in the 301s; he tried to sell the place and hasn't been offered the tax valuation. He didn't see how he could pay the taxes if it goes into the city limits. His is the only house between Barnett Road and Seymour Road on the west side. Mr. Lambert asked if this was country property. Mr. Diggs stated it was. Mr. Lambert asked the council what was the reason for annexing this rural area. Mr. Fox stated it was because it is in the area of Kell Freeway, the Athletic Complex, and the new Junior High School. Russell Kolp, 3409 Glenwood Avenue, stated he would like to speak a few minutes regarding Tract 3, regarding utilities. Ile stated it was platted and dedicated in 1952. In 1960 they inquired of the City regarding getting City water. They were informed they could get water if they would come into the city limits. He stated they got Ernest Lee and platted it in sections. The Planning Board said no City water unless 233 Item 4a Cont'd. they put in sewer and streets. If this were taken into the city limits it would be death to them unless they could get city utilities. fie stated they had been look- ing at that picture for 10 years - paying taxes on about 60 or 70 lots because they were told they could get city water. . Mr. Fox explained that the utilities are installed by the subdividers. Ile stated he didn't feel the streets would have to be constructed, but the water and sewer could be provided to that area. Mr. Kolp stated that FHA would require the streets be installed according to City specificat- ions. Mrs. George Davis, 4401 Allendale Road, near Barnett Road, stated she has 240 acres dry farming with 2 houses on the property. She stated they have tried to sell the property and have the price down to tax valuation. She asked that they get some development in that area, and stated she speaks for Mrs. Carr, who is unable to be here. Mayor Mill stated the City wants to get in a position so they can con- trol the development in that area. Airs. J. F. Shores, 4017 Bartosh Lane, stated they have 5 acres in the proposed annexation area which start at the city limits, and would like to be in the city limits later, but didn't see how they could furnish them with sewer service, that it is just their home and they do not want to sell it. They are not getting the trash picked up and it is against the law to burn it. They are willing to do with inconveniences if they can save on taxes. Mayor Hill stated the City is obligated to give them the services within 3 years. Mrs. Shores stated they do have water, but do not have sewer. W. B. Ifursh, 1506 fiursh, stated he is owner of Block 9, (Study Area 13) . fie stated they are in the process of selling 15 acres to the Wichita Clinic, but it will be possibly 2 years before they get under way, and until then, he does not think they will have an opportunity to sell any of the land. Ile stated he would like to put it off until they get some development over there. fie requested the council give it consideration. He stated he bought it on the strength of trying to develop it. Grady Hancock, City View Lane, stated he has property off City View Lane, north of the expressway. Fie asked why they would annex 200 feet. Mr. Fox explained it was the same as for any other property. Air. Hancock stated fie was confused as to the advantage other than paying taxes. As of now it is used as a non-taxable piece of property because there is a church on the property. Mr. Fox stated it is highly susceptible to urban development at this time. Mr. Hancock stated they are trying to tax him on the basis that it is commercial property, that the property is being used for his home. The expressway took 35 feet on the west side. fie asked if he would be entitled to a fire plug. fie stated they are on a two-inch water line, serving 10 or 12 homes. Mr. Fox stated that if his house was in the specified district to receive credit for his on fire insurance that at that time he would receive this service. fie stated the development hadn't progressed as such to pro- vide a water main to the area. Bill Krizan, 2409 8th Street, stated he is speaking for his sister who owns property, in which a portion had been taken into the city limits in the last year. Thirteen acres at the half-section are in the city limits. The only property that isn't in the city limits has a water line on it. fie requested postponement of the annexation. Buford Rice, 4104 Emerson, stated he had been an industry and commercial dev- eloper for about 15 years. fie stated he wanted to ask one question - if any property had ever been dis-annexed. Mr. Hodge stated he thoughtthere had been in a couple of instances, one in Fort Worth and in another city. Mr. Rice stated he had put in utilities out of his own pocket and had never received anything. Ile has property on both sides of Lake Wichita that will be annexed in the the proposed annexation program. Since no else wished to be heard, the public hearing was closed. Item 5a J Ernest Lillard, Director of Public Works, presented a proposed ordinance accept- ing improvements under the 1969 Street Reconstruction Program, and authorizinp final payment to Timmins and Anderson, contractors for the project. ORDINANCE NO. 2594 ORDINANCE ACCEPTING IMPROVEMENTS ON DUNCAN STREET FROM REILLY AVENUE TO ROSL OOU AVENUE:, RIDGEWAY DRIVE FROM U.S. 287 '1'O BORTON STREET AND EORTOINT STREET FROM .RIDCEIIAY DRIVE TO HARLAN AVENUE, IN TI1L CITY OF I'ICf'ITA PALLS, TEXAS AS DE.S- IGNATLD IN ORDINANCE NOSti 2460 AND 2546; DECLARING THE 'CONTRACT I1JT11 TI 21IN'S i 234 i Item 5a Cont'd. AND ANDERSON CONTRACTORS, 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 Wills that Ordinance No. 2594 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 5b f. Ernest Lillard, Director of Public Works, presented a proposed ordinance accept- ing 20 units under the 1968 Assessment Paving Program. / � r ORDINANCE NO. 2595 ORDINANCE ACCEPTING IMPROVEMENTS OF TWENTY (20) UNITS OF THE 1968 ASSESS- MENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 24080 NO. 2417, NO. 2423, AND NO. 2458; DECLARING THE CONTRACT WITH R.O. GREEN CONSTRUCTION COMPANY, TIMMINS AND ANDERSON, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PER- FORMED; 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 Darner that Ordinance No. 2595 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item Sc Ernest Lillard, Director of Public Works, presented a proposed ordinance approv- ing and adopting estimates of a portion of the 1970 Assessment Paving Program. ORDINANCE NO. 2596 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF TIIE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS A PORTION OF THE 1970 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION, FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEAR- ING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN TIIE APPROPRIATE ORDINANCE RECORDS OF THE. CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2596 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None 235 Item 5d / Ernest Lillard, Director of Public Works, presented a proposed ordinance abandoning certain improvements in the 1970 Assessment Paving Program. ORDINANCE NO. 2597 AN ORDINANCE ABANDONING THE CONSTRUCTION OF IMPROVEMENTS ON PORTIONS OF STREETS AT LOCATIONS OUT OF THE 1970 ASSESSMENT PAVING PROGRAM, DELETING SAME FROM CONTRACT WITII R.O. GREEN CONSTRUCTION COMPANY, IVICHITA FALLS, TEXAS; AND CANCELLING THE ASSESSMENT LIENS LEVIED AGAINST ABUTTING PROP- ERTIES. Moved by Alderman Taylor that Ordinance No. 2597 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 6a A proposed resolution was presented by John P. Ruhmann, Director of Water Development, approving an additional Lake Arrowhead Eater Purchase Contract for M.O. Rife and Strawn Drilling Company,. RESOLUTION NO. 1087 WHEREAS, a contract has been negotiated between the City of Wichita Falls and M.O. Rife, Jr. and Strawn Drilling Company, whereby the City will sell to Rife and Strawn up to 225,000 gallons per day of Lake Arrowhead raw water for water flooding their Furd lfalsell lease north of Lake Arrowhead in Clay County, Texas, at a rate of 15 cents per thousand gallons. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TIIAT: Such contract dated June 2, 1970, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls, subject to the issuance of a satisfactory permit from the Texas Water Rights Commission. Moved by Alderman Boyd that Resolution No. 1087 be passed. Alderman Wills inquired how we are going to determine whether the perme- ability barrier was working, and recommended it be determined by the City. After further discussion Alderman Boyd amended his motion to include that it be deter- mined by the City. Motion seconded by Alderman Wills, and carried by the following vote: \ Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 6d n A proposed resolution was presented authorizing a tentative compromise and settlement between the City and James A. Murphy, former employee with the City of Wichita Falls. RESOLUTION NO. 1088 WMEREAS, in Cause No. 86,976-C in the 89th District Court of Wichita County, � entitled James A. Murphy vs. City of Wichita Falls, a tentative compromise and settlement has been reached, whereby the City will pay Murphy the sum of $12,500 cash, and in addition, with reference to future medical expenses, if any shall become necessary, same shall be left open for two years, shall be limited to a total amount of $1,500, and shall be limited to treatment for correction of the injury to the area of the second lumbar vertebra in his back and the fracture of his right ankle, as complained of in said case, by a competent physician selected by Murphy and approved by the City before such treatment is performed. NOW, THEREFORE, BE IT RESOLVLD BY TIIE BOARD OF ALDERMEN OF THE CITY OF wICItITA FALLS, TEXAS, THAT: i 236 i Item 6d Cont'd. Such compromise and settlement is hereby approved, and the City Manager is authorized to effect such settlement. City Attorney H. P. Dodge stated Mr. Murphy was injured while employed at the garage as he was airing up a tractor tire. A deposition was taken, an investigation of the case was made by both sides and the case was set for trial. Conferences were made with the doctor and finally a proposed settlement was worked out whereby the City would pay Mr. Murphy $12,500 cash and such medical services would be limited. Mr. Murphy had a screw in his ankle when it was set. The doctor said he may have to have an operation on his back. Mr. Hodge -stated he thought it was a fair settlement and recommended passage of the resolution. Moved by Alderman Lambert that Resolution No. 1088 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen hills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 6e A proposed resolution authorizing proposals to property owner on Old Seymour Road was presented by Ernest Lillard, Director of Public Works. / RESOLUTION NO. 1089 WHEREAS, it is necessary to acquire the property hereinafter described for construction 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 W'ICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and property are as follows: Old Seymour Road, Project 52-076 (Old Seymour Road - Avenue K Property Part of Lot 1, Block 43-A, Highland Addition, as described in Volume 518, Page 235 of Deed Records of Wichita County, Texas The total of appraisal approved in this resolution --------- $60500.00 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 such tract for such appraised value, he is hereby authorized and directed to cause to be in- stituted condemnation proceedings to obtain such tract. Moved by Alderman Darner that Resolution No. 1089 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 6f t A proposed resolution was presented authorizing issuance of Permit. to Southwestern Bell Telephone Company to install oil fuel under the Lamar Street sidewalk adjoining ` their property at Ninth and Lamar Streets. 2?7 Item 6f Cont'd. ` RESOLUTION NO. 1090 WHEREAS, Southwestern Bell Telephone Company has requested permission to install an oil fuel tank for their proposed emergency electric generator under the Lamar Street sidewalk adjoining their property at Ninth and Lamar, as shown on the plan submitted with such request, in accordance with Section 2203.1 of the Building Code of the City. NOW, THEREFORE, BE IT RESOLVLD BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby issued to Southwestern Bell Telephone Company, hereinafter called owner, a special permit allowing the installation of such oil fuel tank under the sidewalk as shown on such plan on file with the Inspection Department, subject to the following requirements: 1. The use which the owner plans to make of the underground portion must not interfere with any existing public use. 2. The City has the superior right to reduce the premises in question to possession as and when necessary for such to be done for public purposes and even prior thereto to regulate and control the same as essential for the protection of the public safety and convenience. 3. In the event the City, or any public utility company, should find it necessary to reroute underground lines in the street adjacent to this property, or to redesign the manner of their installation, with an attendant increase of expense, as a direct result of the owner's use of the area under the sidewalk, the increase of expense occasioned thereby shall be paid by and assessed against the owner. 4. City reserves the right to terminate this permit whenever in the City's judgment same might become inconsistent with the public use thereof, or when it might become a nuisance. Moved by Alderman Boyd that Resolution No. 1090 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 7a I Paul M. Yeager, Director of Public Safety, recommended that bid on Airport Parking Concession be awarded to the Airport Parking Company of America (APCOA), which was the only bid received on May 25th. They complied with all specifications in the special instructions to bidders. City Manager Gerald Fox briefed the council on the airport parking program. He stated the City would provide employee parking, plus rent-a-car parking space. Moved by Alderman Wills to accept the bid and restrict the funds to be directed to the Airport Revenue Fund. Motion seconded by Alderman Darner. Alderman Lambert stated this had been discussed twice before, that we know basically what the difference has been. Ile stated it is his opinion that we do not need this additional parking now. Ile has contacted the owner of the restaurant at the airport, and they are opposed to the parking concession. It would increase the meals by a dime. He stated there was an article in the Wichita Falls Record News on May 24th, and would like to read it. It is as follows: Regardless of how the bidding comes out Monday morning when the city opens proposed contracts for a parking concession at the Wichita Falls Municipal Airport, the terms will be unsuitable to the Times and citizens who oppose this further commercialization of airport facilities. There are any number of reasons against the city's plan to expand parking space by letting a private contracting firm put in the improvements and institute fee parking for a profit at the airport. i 238 Item 7a Cont'd. First and foremost is the effect it will have on passenger traffic. Wichita Falls as a civic project is trying to get additional airline services and promote patronage to justify adequate flight scheduling here and anything that has an adverse effect is contrary to this objective. More citizens, here and in the area, will be inclined to drive to the airports at Dallas, or Fort Worth or Oklahoma City, since boardings here are largely commuter passengers. Cities the size of Wichita Falls generally make provision for some free parking. Waco does not have airport parking fees. Parking space as a public accommodation can be provided. The land on which the airport is situated belongs to the taxpayers. It was given to the federal government for $1 by the late J. S. Bridwell for the establishment of Sheppard Air Force Base, which allows the City of Wichita' Falls to share flying field services as a tenant. The parking fee would be inconsistent with the gift and traditional use of the property. Who knows what the schedule of fees will be? What happens when flights are delayed or cancelled, as they frequently are? Parking space at the airport frequently becomes a problem, but the proper solution does not lie in the city's setting up a private business to profit at the expense of airport patronage. Alderman Lambert stated that since our previous council discussion of this situation, he had been contacted, not only by residents of the City of Wichita Falls, but a few people outside the City. As stated before these facilities would be financially within the capabilities of the City. lie suggested the motion not be passed and .that the bid be rejected and we undertake to provide this project from our general revenue. The users should be the ones that help to support this expansion. Alderman Wills stated he had been approached several times about this the last few weeks and inevitably people do not want to pay for the parking, but when it is explained they understand it. The more we provide in various places of the City, the more ways we are going to have to raise money to pay for it. lie doubts if anyone will drive to Dallas or any other city to board a plane, since they would have to pay for parking there. Alderman Taylor stated he would be for free parking if there was another alter- native here. On the other hand, he cannot see raising the taxes, that he has observed the situation; it seems that people are taking advantage of the parking that we do have. Mayor Hill asked if Sheppard had complained. Air. Fox stated they had to contact them regarding this and that we had to have their approval before we could go through with the project. Alderman Darner stated he is for the proposed program and lie is in favor of the motion. The motion carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, and Boyd Nays: Aldermen Lambert and Drake Item 8 Ben Shelton, Director of General Services requested permission to advertise for 180 tons of Liquid Chlorine for Water Purification Department. Moved by Alderman Wills that authority be granted to advertise for bids as ' requested. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None 239 Item 9a � b Moved by Alderman Lambert to receive minutes of the Planning Board meeting held May 13, 1970, and Park Board meeting held May 26, 1970. Motion seconded by Alderman Darner, and carried unanimously. ,r Item 10a J /l City Manager Gerald Fox recommended appointments to the Board of Adjustments and Appeals, Board of Electrical Examiners, Planning Board, and Plumbing Advisory Board. Moved by Alderman Lambert to table this item. Motion seconded by Alderman Darner, and carried unanimously. Item 10b Moved by Alderman Darner that water reimbursement contract payment in the amount of $11,872.31, and sewer reimbursement contract payment in the amount of $2,737.88, be approved in a total amount of $14,610.19, as follows: D.F.M. Building Company, Water, Sunset Terrace Addition, Sections 1, 2, and 3, Exhibit A, B, C, and D, from April 1, 1969 to April 1, 1970; $11,872.31 D.F.M. Building Company, Sewer, Sunset Terrace Addition, Sections 1, 2, and 3, Exhibit A, B, C, and D, from April 1, 1969 to April 1, 1970; $2,737.88 Motion seconded by Alderman Boyd, and carried unanimously. Paul M. Yeager, Director of Public Safety, presented a proposed resolution regarding Application of Systems Management Techniques to Fire Protection Operations. RESOLUTION NO. 1091 WHEREAS, by Resolution No. 858, passed by the Board of Aldermen on the 15th day of October, 1968 authorizing the City Manager to enter into a contract with Nortex Regional Planning Commission in order to participate in a grant with the United States of America, acting by and through the Secretary of Housing and Urban Development 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"; and, WHEREAS, the above said contract with Nortex Regional Planning Commission was for the grant agreement dated October 3, 1968, entitled, "Urban Planning Grant Texas P-22811; and, WHEREAS, the government of the United States of America has approved a second year planning grant entitled, "Project Tex P-279(R) Application of Systems Management Techniques to Fire Protection Operations" and has submitted this grant for approval and execution by the City of Wichita Falls, Texas and Nortex Regional Planning Commission; and, WHEREAS, the effective date of this contract is January 2, 1970, and is to continue until December 31, 1970, and it is contemplated that a third year will be required to complete the above project and an additional contract will be executed for the term January 2, 1971 to December 31, 1971. NOW, THEREFORE, BE IT RESOLVED 13Y THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to enter into a contract with Nortex Regional Planning Commission in order to participate in the above said grant and the proposed grant for 1971. The City Manager is authorized to execute the above said contract for the City of Wichita Falls and any future contract pertaining to the "Application of Systems Management Techniques to Fire Protection Operations" for the year 1971. Mr. Fox explained that it is a second year contract that has to he executed annually. v 240 Moved by Alderman Boyd that Resolution No. 1091 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None i City Manager Gerald Fox presented a request regarding highway improvement on F.tl. 369 (Southwest Parkway) from Barnett Road to Gregg Road. lie stated that in August of 1969 the City was notified through a news release that the Texas Highway Department had approved the construction of F.M. 369 from Gregg Road to Barnett Road to urban standards similar to that east of Barnett Road. This is adjacent to property being developed by the School District for an Athletic Complex and Junior High School. This entire stretch is presently outside the city limits but is proposed to be annexed in 1970. Apparently the request for these highway improvements was initiated by the School District and/or County. By letter of October 9, 1969, the Highway Department informed the City that construction items in which the local government would participate would total $100,000. This would be for drainage, curb and gutter, and would have to be deposited with the Highway Department prior to the beginning of the construction work. Such funds were not budgeted out of operating funds nor are they available out of bond funds. Total Ifighway construction for this six-lane facility will, of course, be many times the $100,000 figure. In early 1970, we organized a meeting to discuss possible alternatives which could be pursued which could reduce the local participation cost for this project; otherwise it was my position that we could not afford the project. Representatives of the Highway Department, City, School System and County met in March. At that time it was decided to seek modifications in the drainage requirements which accounted for $80,000 of the $100,000 local cost. I After several additional meetings on this matter, it was determined that the School System could make modifications in the drainage system to be required with the Athletic Complex construction and with such meet Highway Department requirements for the road drainage. For an added cost to the Athletic Complex contract of $14,370, a drainage system could be provided which would eliminate a $75,000 drainage item in the $100,000 local participation on the highway contract. This would then mean that the local participation would be reduced from $100,000, as originally estimated, to $25,327.60 for outside curb and gutter and drainage items. Of this amount, about $10,000 would be recoverable through assessments on adjoining property owners for curb and gutter. The School• System indicated that they would be willing to adjust their Athletic Complex contract for the additional drainage work amounting to $14,370 if the City would pay them back this amount. As this entire project is of prime benefit to the School System at this time, I believe that some of the added drainage cost should be borne by the School System instead of completely by the City. After meeting with the School System representatives last week, we reached an understanding that: (1) School System would authorize a change order for added drainage work at an estimated cost of $14,370. (2) Upon satisfactory completion of this project to insure that it meets highway department requirements, the City would pay the School System $10,000 out of 1969-70 operation funds toward the cost of this added work. (3) City would pay $25,327.60 to the Highway Department after October 1, 1970, for local participation. About $15,327 would come from the 1970-71 Budget and $10,000 from Assessment Paving Funds. (4) School System would pay assessment for curb and gutter. If the project is not handled in above manner at this time, we would lose advantage of the Athletic Complex drainage taking place of drainage originally planned. In the future, project would cost the City $100,000 + for local participation. If above is approved, local participation is reduced to $40,000 with the School System paying $5,000 and the City $35,000 of which some $10,000 would be recoverable through assessments for a net cost of $25,000. In addition, the City will be spendin; about $12,000 for signalizing the Barnett Road-F.M. 369 intersection either out of operating or TOPICS funds. Mr. Fox stated he thinks this is a bargain to the local taxpayers and should be approved. t 241 Moved by Alderman Wills that the request be approved as stated. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Taylor, and carried unanimously. The Board of Aldermen adjourned at 5:20 P.M. PASSLD AND APPROVED this day of , 1970. layor ATTEST City Clert