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Min 06/22/1970 i 242 Wichita Falls, Texas Memorial Auditorium Building June 22, 1970 Items 1 $ 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called 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 I . Taylor X Larry Lambert X Aldermen Dick Darner X J. C. Boyd, Jr. X Bill Drake X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas, City Clerk The invocation was given by Alderman Taylor. Visitors were welcomed by the Mayor. Item 3a A proposed annexation ordinance was presented following the public hearing prev- iously held. Mayor Hill gave those persons an opportunity to be heard, who desired. Titus Mitchell appeared for his client, Mr. Noel Markham, in Study Area No. 2. Mr. Markham is in the mobile home business. lie explained that he had installed water and sewer lines to his business at a cost of $22,000. Mr. Markham, of N-M Mobile Home Sales, also stated that he had incurred expenses recently in platting land and building his mobile home park, and feels it is unfair, and unjust for the City to immediately want him to start paying high city taxes on the property he has; that he would like some breathing room. lie also explained that he has a truck equipped for hauling garbage, and hires people to do this; that it will cost him and the City as well to annex this area. Alderman Boyd inquired that he meant by breathing room. Mr. Markham stated that he meant until the first of the year at least, or three years, or until another mobile home park is built. Alderman Taylor inquired how he would lose money, and Mr. Markham stated that he would lose it on the garbage pickoup equip- ment he now has. Mrs. J. F. Shores, Bartosh Lane, stated that they have five acres on a dead end lane. She inquired -what procedures are required for de-annexation. She stated that Mr. Bartosh has been in the City limits five years, and she feels they have no hopes of facilities being furnished in three years. She understands that they can be de- annexed if facilities are not furnished within three years. City Manager Gerald Fox explained that Mr. Bartosh was annexed under different rules and regulations. The new law went into effect in 1964, and he was annexed prior to that. lie also ex- plained that they may petition the governing body to be de-annexed, or file with the district court a procedure for de-annexation. He explained that governmental and propierty services are provided in like manner as they are provided to other areas within the City. She stated that they have city water now. Mr. Fox explained to her some of the benefits she would have which she does not now have. This is Study Area No. 8. Mr. W. B. liursh appeared in regard to Study Area No. 13. He presented several cost figures on what they had spent on their property, and what they anticipated in the future. He explained that it would be two years before the Clinicoliospital can be built. lie stated that he did not object to paying city taxes after more develop- ment has been made in that area. Mrs. George Davis, 4401 Allendale Road, appeared for herself and Mrs. Karr, a widow. She stated that she was not objecting to being taken into the city limits, but desires for the City to wait until some development takes place, or they are able to sell their property. 243 Item 3a, cont'd. Bob Diggs appeared, stating he is not objecting to being taken into the city limits when they can get some benefits. Moved by Alderman Lambert that Tracts 11 and 12 be deleted from the ordinance as presented in the agenda folder prior to introduction. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None City Attorney If. P. Hodge, Jr. , stated that introduction of this ordinance would not preclude deletion of any of these tracts prior to final passage of the ordinance. A motion was made by Alderman Wills and seconded by Alderman Darner for intro- duction of Ordinance No. 2598; however, after much discussion the motion and second were withdrawn. Alderman Boyd pointed out that due to a population decline of five percent he seriously doubted the wisdom of making any extension to our city limits at this time, but wait 90 days or six months, and take another look at it. The Council desired Jim Bertram to make a further explanation of each tract, and vote on each separately for inclusion or exclusion in the introduction ordinance. After an explanation of the Tract I area, it was moved by Alderman Wills to include it in the introduction. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Alderman Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Tract II was explained by Mr. Bertram. Moved by Alderman Boyd that Tract II be deleted from the introduction. Motion seconded by Alderman Drake, and lost by the following vote: Ayes: Aldermen Boyd and Drake' Nays: Aldermen Wills, Taylor, Lambert, and Darner Mayor Hill announced that it would be included. Tract III was explained by Mr. Bertram. Moved by Alderman Lambert that it be included in the introduction. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, and Darner Nays: Aldermen Boyd and Drake Tract IV was presented by Mr. Bertram. Moved by Alderman Drake to include it in the introduction. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Drake Nays: Alderman Boyd Tract V was explained by Mr. Bertram, and since Kell Freeway and the new school athletic complex are contained herein, there was much discussion regarding this area. Moved by Alderman Lambert that within Tract V, to include that part designated as the Athletic Complex and 200 feet north of F.M. 369. Also extend to the east the south boundary line of the Athletic Complex and include that area. Motion seconded by Alderman Wills, and carried by the following vote: 244 Item 3a, cont'd. I Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None A further motion was made by Alderman Wills, and seconded by Alderman Lambert to include within Tract V everything north and 200 feet south of Kell. This motion and second were withdrawn after discussion for the reason that it is premature; mainly farm land with no immediate development. It was agreed to take another look at this area in five or six months. Tract VI was explained by Mr. Bertram. Moved by Alderman Wills that this tract be included in the introduction. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Tract VII was explained by Mr. Bertram. Moved by Alderman Wills that Tract VII be included in the introduction. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Tract VIII was presented by Mr. Bertram. Moved by Alderman Wills to include this area. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Tract IX was presented by Mr. Bertram. This includes the Hursh property. Moved by Alderman Boyd to delete all of this area except for 200 feet on the east side of the freeway. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Tract X was explained by Mr. Bertram. This area is almost completely surrounded by city limits. Moved by Alderman Wills that this tract be retained as is. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays: Alderman Drake Tract XIII was explained by Mr. Bertram. There is a freeway facility under construction in this area. Moved by Alderman Wills that this area be retained for introduction. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None ORDINANCE NO. 2598 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. 245 Item 3a, cont'd. Moved by Alderman Wills that Ordinance No. 2598 be introduced, with the proposed changes. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 3b A proposed ordinance was presented changing the time of meetings of the Board of Aldermen. ✓ ORDINANCE NO. 2599 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY REVISING SECTION 2-1 OF SAID CODE, PRESCRIBING THE TIME AND PLACE OF THE REGULAR MEETINGS OF THE BOARD OF ALDERMEN. Moved by Alderman Wills that Ordinance No. 2599 be passed, effective September 1, 1970. Motion seconded by Alderman Drake. Alderman Wills explained that this meeting time will be more convenient to all news media to better communicate with the public. Alderman Lambert stated that he preferred afternoon meetings to morning due to the nature of his work; that he probably would not be able to attend all the morning meetings. Alderman Taylor also expressed some possible difficulties in his work with morning meetings, but stated he would try to work it out. The motion was carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, Boyd, and Drake Nays: Alderman Lambert Alderman Wills suggested consideration of the idea of taking their meetings on a periodic basis at night to some other location in the community. Item 4a John P. Ruhmann, Director of Water Development, presented a proposal resolution approving an addendum to the water sales contract between the City and M. 0. Rife, Jr. r ' RESOLUTION NO. 1092 WHEREAS, by Resolution No. , 087, adopted on June 2, 1970, the Board of Aldermen of the City of Wichita Falls approved a contract dated June 2, 1970, whereby the City of Wichita Falls will sell to M. 0. Rife, Jr. and Strawn Drilling Company up to 225,000 gallons per day of Lake Arrowhead raw water for water flooding their Furd Halsell lease; and, WHEREAS, the parties desire to amend this contract to provide that Rife and Strawn must secure a valid permit for the use of the water before delivery will be made of any water called for under the terms of such contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That an addendum to such contract dated June 2, 197Q, which provides that M. 0. Rife, Jr. and Strawn Drilling Company must secure such a permit from the Texas Water Rights Commission, is hereby approved, and the City Manager is authorized to execute such addendum for the City of Wichita Falls. Moved by Alderman Taylor that Resolution No. 1092 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None 246 Item 4b A proposed resolution was presented authorizing the City Manager to execute an agreement with Tex-Ad Company for bus stop bench advertising. ,_ RESOLUTION 1093 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 Tex-Ad Company, Whereby the City grants to said Company permission for a period of five years to erect and maintain benches at seventy-five locations for users of buses and the general pub- lic, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Wills that Resolution No. 1093 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays: None Item 5 1h t Dr. Charles M. Parker, Director of the Health Unit, recommended award of the low bid for laboratory equipment for the new health center to Curtin Scientific of Dallas, Texas, in the amount of $16,539.13. Moved by Alderman Wills that the low bid be awarded as recommended. Motion seconded by Alderman Boyd, and carried unanimously. Item 6a Appointments to various boards and commissions were made. Moved by Alderman Boyd that Malcolm Vordenbaum and Don Brown be reappointed to the Board of Adjustments and Appeals for four year terms to expire May 23, 1974. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Darner that Glen Groves and Jack Pierce be reappointed to the Board of Electrical Examiners for two year terms to expire May 23, 1972; that Randy ;l� Kimbell be appointed for a two-year term to expire May 23, 1972, to replace H. M. Garrett; that C. F. Southerland be appointed to replace Jack Foley, who resigned, term to expire May 23, 1971. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Darner that William S. Spears be appointed to the Planning Board for a three-year term to expire May 23, 1973 (to replace Pat O'Neil), and that Mrs. Kay Yeager be reappointed for a three-year term to expire May 23, 1973. Motion seconded by Alderman Taylor, and carried unanimously. Moved by Alderman Boyd that M. L. Naylor and Ed Biggs be reappointed to the Plumbing Advisory Board for two-year terms to expire May 23, 1972. Motion seconded by Alderman Darner, and carried unanimously. Moved by Alderman Lambert that James Williams be appointed to the Traffic Commis- sion to replace William S. Spears, who resigned, term to expire December 31, 1970. Motion seconded by Alderman Taylor, and carried unanimously. Moved by Alderman Lambert to appoint Jim Garrison to the Hospital Board. Motion seconded by Alderman Drake. 247 Item 6a cont'd. After some discussion the motion and second were withdrawn, and it was moved by Alderman Lambert that this item be passed. Motion seconded by Alderman Boyd, and carried unanimously. Moved by Alderman Darner that Mrs. Elizabeth Hill and Jacque Keith (Rider Student Council Officer) be appointed to the Advisory Commission on Drug Abuse for one-year terms to expire May 19, 1971. Motion seconded by Alderman Wills, and carried unanimously. Item 6b City Manager Gerald Fox explained that after looking at the cost of remodeling the old health unit and office space in this structure, that he recommends that we proceed with remodeling the space in this building for the MIS Project, which office space can be used upon completion of this project. Moved by Alderman Lambert that authority be granted to proceed with remodeling plans for this building. Motion seconded by Alderman Taylor, and carried unanimously. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Lambert, and carried unanimously. The Board of Aldermen adjourned at 4:50 P.M. PASSED AND APPROVED this i!�& day of , 1970. ayor ATTEST: City Cler