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Min 07/07/1970 248 Wichita Falls, Texas Memorial Auditorium Building July 7, 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 Harrison E. Taylor X Larry Lambert X Dick Darner X Aldermen J. C. Boyd, Jr. X Bill Drake X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Don Wills Absent The invocation was given by Alderman Lambert. Visitors were welcomed by the Mayor. Item 3 Moved by Alderman Darner that minutes of the meetings held June 2 and June 22, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4a x Mayor Hill opened the public hearing for the 1970 Assessment Paving Program. d Dub Dennis, 2020 Hiawatha, and owner of Dennis Lumber Company at 4020 Call Field Road, appeared concerning the assessment against his property abutting the McNiel Street extension. He stated that his purpose in coming today was to show that the property would not be enhanced in the amount assessed. fie explained that the street comes to the side of their office, and to the rear of the lumber yard buildings, and no additional frontage would be gained. Also, that more traffic would create a prob- lem of getting their delivery trucks in and out, and the street would be located too near their buildings, which they consider a potential hazard. He also explained that they would be deprived of parking space which the church had permitted them to use for 15 years. The church had also used his parking area during services. fie stated that they were originally told that each abutting property owner would be assessed for the curb and gutter only, but that half the cost of the street paving was added later. fie further stated that the final agreement with the church recognizes damages to their property as well as not charging them for the street installation. fie contends that it is not fair to recognize damages to the church property, and improvement to his property, nor to delete street paving expenses to the church and to assess his prop- erty. Mr. Dennis further contended that it is Skyline Developers and the citizens of Wichita Falls who benefit from this street extension, and not Dennis Lumber Company or Faith Village Church of Christ. Mr. Dennis requested waiver of all assessment charges for the street installation. Alderman Lambert inquired of Mr. Dennis what detriments would be accrued to this property, if any. Mr. Dennis stated that the traffic would be increased. Ile also stated that they are built and committed to operate off Call Field Road, and not the new street. He further stated that the street will be much closer to their building than desirable; that the foundation and floor level of their buildings will be lower than the curb level of the street, causing them to have a drainage problem. He ex- plained that he is concerned in showing that it does not benefit them at all, rather than being a detriment. 249 Item 4a, Cont'd. City Manager Gerald Fox stated that damages were awarded to the church for having to buy an additional 60 feet of property from them. Mr. Dennis felt that the nearness of the street to the property, and the noise factor were taken into consideration in buying the church property. Mr. Dennis stated the street would be an advantage to Skyline Developers and the people in the area, but that it would not benefit him in any way. H. P. Hodge, Jr. , City Attorney, interjected that the best thing for Dennis Lumber Company may not be of primary concern, but what it will do to that piece of property in that location. Mr. Dennis stated that he didn't feel that just by adding a street it would increase the property value because lots of businesses desire less congestion. Alderman Lambert inquired what would be the difference in the market value of this piece of property with or without the street. Mr. Dennis stated it would be of no value at all to the lumber yard. City Manager Gerald Fox asked if he would make a general- ization of whether property located on a corner lot would be of more value than one located in the middle of a block. Mr. Dennis stated that the only business he knew of that would be a higher value on a corner lot would be a service station. Alderman Lambert inquired if the street were already there and unimproved, would the improved street enhance the value more. Fie stated that the way their business is constructed it would not make any difference. N. C. Grantham, 1311 26th Street, stated he has 242 feet and is charged for 268 feet. Mr. Lillard stated that if he could furnish proof that he only owned that much then he would only be charged for that amount, and that they would check his abstract if he could furnish them with volume and page. Three other parties on 26th Street, Mr. Anderson, Mrs. Virgin, and Mrs. Baughaman, all stated that they were charged for more than they owned, and it was explained that this would be checked also. Kathryn McLaughlin,1113 Taylor, inquired if it would be asphalt or' paving; that they have been trying to get it paved for several years. Seawillor Lewis, 705 Jalonic, inquired if drive approach is included in the cost. Mr. Lillard explained that it is not included. It was also explained to her that the Dallas Street cost -did not include paving because it was a reconstruct- ion street. Tommy Robinson, 708 Jalonic, asked why some streets include drainage and side- walks and some do not. Mr. Lillard explained it to him. lie asked about drainage on that street, and Mr. Lillard stated that their studies indicated that the street would carry the water off. fie also inquired when the contractor will start, and Mr. Lillard explained that it is the contractor's choice where he begins. Mike Carter, 219 Indiana, appeared in regard to his property on 2nd and Lamar Streets. He stated that he could not see any benefit from paving Lamar Street to the river, and recommended that it be closed at 2nd Street. After fur- ther discussion, the staff was directed to make a study of this situation. Glen Groves, 4504 Dunbarton, appeared regarding his proeprty on Mill Street. He stated that it is called front foot, and that his property fronts on Austin Lather than Mill. Mr. Lillard stated that no distinction is made between front and side footage on commercial property. Mr. droves stated he did not mind paying side footage, but would not want to pay front foot cost on his irregular shaped property. City Manager Gerald Fox stated that they would look into this problem. Mr. Groves stated that he would not be interested in the paving unless it is charged as side lot footage. Wendell Dixon, 2001 Taylor, inquired about the type of paving for Avenue J. He stated that from the volume of water that runs down the street, he wondered if asphalt would hold up, but stated he is glad to have it done. Ruby Crews, 1614 Tilden, appeared regarding the paving of Avenue G, stating that she did not see that it would improve her property that much; that she is a widow and cannot afford it. She also inquired about a drive approach, and it was explained to her that individual owners will have to make their own arrange- ments for drive approaches. Charles Dixon, 1615 Grant, inquired concerning the paving of Avenue G, and asked if a certain water main would be fixed before the paving is completed. Joe Smith explained that they would if it is under the street. lie also inquired if alley and sidewalk easements are included. Ernest Lillard explained that what- ever is shown on his deed is included. 250 Item 4a, Cont'd. Mrs. W. R. Lee, 1615 Hayes, inquired about the drainage between Hayes and Tilden. She stated she is in favor of the paving. Willie Lee Francis, 700 Jalonic, stated that she had received three letters, but has sold one piece of property. John Gonzales, 504 Farris, appeared regarding his property on 5th Street. He stated he is in favor of the paving. Mrs. Billy F. Briscoe, 1400 Taylor, inquired, concerning Avenue D, if they already have curbing would they be charged for it. Mr. Lillard explained that they would not be charged if they already have it. Mrs. Lula B. Turner, 612 Barwise, inquired about the drainage. Ernest Lillard explained that the water will be carried by the street to Loop 165, and carried off. Joe Brown, 606 Barwise, stated that he purchased this property about 60 days ago, and had not received a letter, so he didn't know the amount of the assessment. It was explained that the letter was sent to W. W. Ballard, and the amount is $320.85. He inquired if the street would be raised, and it was explained by Mr. Lillard that it would be. Alderman Lambert requested that Mr. Dennis' property be studied to a further degree before final assessment is made. The public hearing was closed. - ' ORDINANCE NO. 2600 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS A PORTION OF THE 197b ASSESSMENT 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 CERTI- FICATIONS 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 Darner that Ordinance No. 2600 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 5 This item was passed as Mr. Gowan Davis was not present. Item 6a Paul M. Yeager, Director of Public Safety, requested an appropriation in the ' amount of $2,516.00 to cover costs experienced due to a partial failure of the air- conditioning system in the airport terminal. ORDINANCE NO. 2601 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 11-219-5340, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2601 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: "l51 Item 6a Cont'd. Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. J / Item 6b C r ,jf City Manager Gerald Fox requested approval of an appropriation ordinance in the amount of $14,500 to purchase a street sweeper to replace one of the older ones. This budget item was deleted in the 1969-70 budget, and during the past six months they have been operating one street sweeper for the entire city. ORDINANCE NO. 2602 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 345-5411, AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2602 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 7a The annexation of eleven tracts to the City of Wichita Falls was again presented. Mr. Marcum again appeared, stating that there is nothing that the city is offering him. fie stated that it will cost the city $900.00 to annex this area, plus he pays twice the water rate and the city will lose fifty percent of that. lie asked why he was being taken in, and the city manager stated that this was explained at the last meeting. Alderman Lambert stated that based upon examination and study, this area was being retained; that if he could offer anything new it would be taken into con- sideration, otherwise, he would be forced to go along with previous council action. Mayor Hill explained that this action is being taken to gain control of the develop- ment. John Ward, Minister of Northwest Assembly of God Church, stated that he did not know about the public hearing, but that they would rather not be included in the city limits. Joseph E. Hays, 122 South Glencoe, asked how soon they can obtain sewer facilities in this area. City Manager Gerald Fox explained that as soon as it is economically feasible, and funds are available. Mr. Hays inquired how annexation would affect his keeping horses. Dr. Parker explained that he could not be within 100 feet of other property, and 400 square feet is required for two animals. a 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. Moved by Alderman Lambert that Ordinance No. 2598 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 7b A proposed ordinance was presented increasing refuse rates on certain properties abutting new alley paving. ORDINANCE NO. 2603 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. 252 Item 7b, Cont'd. Moved by Alderman Lambert that Ordinance No. 2603 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. I Item 7c A proposed ordinance was presented establishing a no parking zone on the east side of Taft Street from Church to Hampstead. (all hours) . ORDINANCE NO. 2604 AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS. Moved by Alderman Lambert that Ordinance No. 2604 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and- Drake Nays: None i; Item 7d A proposed ordinance was presented creating separate planning and traffic f , f departments. Alderman Boyd made some inquiries regarding possible duplication of r / duties as to the Director of Planning being the City representative to all industries. City Manager Gerald Fox explained that this position is a focal point in coordinating. between the City and Board of Commerce and Industry. i r ORDINANCE NO. 2605 AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO CREATE SEPARATE PLANNING DEPARTMENT AND TRAFFIC DEPARTMENTS. Moved by Alderman Drake that Ordinance No. 2605 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 8a Proposed resolutions were presented authorizing proposals to property owners on Kell Freeway, utility adjustments by Texas Electric Service Company, and utility / adjustments to Southwestern Bell Telephone. v 'l " . ✓ RESOLUTION NO. 1094 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: 253 Item 8a, Cont'd. Kell Freeway - Project 52-071 Block 1, Ed Wilson Addition T. H. Garner Survey V. 835/ Pg. 460, Abs. 84, Deed Records Wichita County A 17.932 acre of land out of an original 189 acre tract in BBB t CRR Co. , Survey Abs. 30, V. 422/ Pg. 431, Deed Records of Wichita County Part of Lot 13, Block 6, West Side Addition to Highland Addition Part of Lot 1, Block 10, Harrison Addition Part of Lot 1, Block 95-A, Highland Addition Part of Lot 14, Block 94-A, Highland Addition Part of Lot 1, Block 94-A, Highland Addition Part of Lot 7, Block 92-A, Highland Addition Part of Lot 5, Block 72, Southland Addition A 6.465 acre of land out of Block 8 and 10, J. Bartosh S/D, William Mayer Survey. Abstract 193 V. 746/ Pg. 107 Deed Records of Wichita County Part of Lot 6, and 7, Block 10, West Side Addition to Highland Addition V. 922/ Pg. 136 Part of Lot 18 and 19, Block 6, West Side Addition to Highland Addition V. 655/ Pg. 563 Lots 6, 7, and 8, Block 21-A, Highland Addition Warehouse (only) no land-1625 McGregor 0.483 acre of land out of Block 11, William Mayer Survey Abstract 193, V. 877/Pg. 199, Deed Records Wichita County U.092 acre of land out of Block 6 and 11, William Mayer Survey,Abstract 193, V. 398/Pg.317, Deed Records of Wichita County 0.237 acre of land out of Block 16 $ 17, DCSL Survey Lg. 1, Abstract 58, V. 390/Pg. 428, Deed Records, Wichita County 0.121 acre of land out of Block 8, of DCSL Sur. Lg. 1, Abstract 58, V. 354/ Pg. 618, Deed Records Wichita County. 0.333 acre acre out of same for easement S. 48' of Lots 5 & 6, Block 7, Sibley Taylor Addition Part of Lot 1, Block 21-A, Highland Addition Combined total of values approved in this resolution ------ $186,991.00 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 and or Quit Claim Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for each tract is the State approved value as determined from appraisals made by the independent real estate appraisers employed by the Texas State highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas Highway� Department. Moved by Alderman Lambert that Resolution No. 1094 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. l 254 I� Item 8a, Cont'd. !' RESOLUTION NO. 1095 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, the City of Wichita Falls, Texas and the Texas State Highway Department entered into a contractual Agreement dated January 31, 1968, wherein the State and the City will participate equally in the right of way and utility adjustments required for the Kell Freeway Project; and WHEREAS, the said proposed Kell Freeway, Project 52-071 crosses the Graham- Wichita Falls 138 KV Transmission Line owned by Texas Electric Service; and WHEREAS, adjustments will have to be made to the transmission line to allow the construction of the proposed Kell Freeway Project; and WHEREAS, the Texas Electric Service Company has a prior easement for the trans- mission line; and, WHEREAS, the Texas Electric Service Company has proposed an agreement in which the City of Wichita Falls would reimburse Texas Electric Service Company for the actual cost of the adjustments to the transmission line; and, WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the actual cost of this utility adjustment as soon as the State approves the final billing as prepared by Texas Electric Service Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The certain letter of agreement between the City of Wichita Falls, and the Texas Electric Service Company for the adjustment of the transmission line is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 1095 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. RESOLUTION NO. 1096 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, the City of Wichita Falls, Texas and the Texas Highway Department entered into a contractual agreement dated January 31, 1968, wherein the State and the City will participate equally in the right of way and utility adjustments required for the Kell Freeway Project; and, WHEREAS, the said proposed Kell Freeway, Project 52-071 will encompass the Wichita Falls-Holliday EAS Cable owned by Southwestern Bell Telephone Company; and, WHEREAS, adjustments will have to be made to the telephone cable and facilities to allow the construction of the proposed Kell Freeway Project; and,,, WHEREAS, the Southwestern Bell Telephone Company has a prior easement for the telephone facilities; and, WHEREAS, the Southwestern Bell Telephone Company has proposed an estimate of a utility adjustment in which the City of Wichita Falls and the Texas Highway Depart- ment are to reimburse the Southwestern Bell Telephone Company for the cost of the adjustments to the telephone cable and facilities; and, 255 Item 8a, Cont'd. WHEREAS, the Texas Highway Department and the City will share equally the cost of the approved firm commitment value of the adjustment as appears in the formal agreement as approved by the State. NOW, THERLFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute for the City of Wichita Falls the three party agreement between the City of Wichita Falls, the Texas Highway Depart- ment and Southwestern Bell Telephone Company for the adjustment of the telephone cable and facilities. Moved by Alderman Lambert that Resolution No. 1096 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. �r Item 8b A proposed resolution was presented approving offers and appraisals for purchase of right of way on Midwestern Parkway, Phase I, from Jacksboro Highway to Grace Street. ^- RESOLUTION NO. 1097 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 an independent real estate appraiser employed for this purpose by the City of Wichita Falls or the values determined in Conference with the property owners and the amount of the appraisal has been studied by the Board of Aldermen, and copies are 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: Midwestern Parkway, Project 52-074 (Archer-Hamilton-Hampstead-Phase I) Property A 675 sq. ft. parcel out of an 18,625 sq. ft. tract as recorded in Vol. 1058, P. 590 of the Wichita County Deed Records A 350 sq. ft. parcel out of the J. A. Scott Survey No. 9, A-305 and also being out of the tract as recorded in Vol. 766, P. 359 of the Wichita County Deed Records A 639 sq. ft. parcel out of Block 7, Southmoor Addition and also being out of the tract as recorded in Vol. 326, P. 158 of the Wichita County Deed Records Combined total of values approved in this resolution -------- $7,026.00 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 City of Wichita Falls, by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for the tracts is the value as determined from the appraisal made by the independent real estate appraiser employed by the City of Wichita Falls or the values that have been determined in conference with the prop- erty owners. 256 Item 8b, Cont'd. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 1097 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 8c r A proposed resolution was presented approving offers for purchase of right of way on Harding Street drainage project. RESOLUTION NO. 1098 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 values have been determined by the Public Works Depart- ment of the City of Wichita Falls and the amount of the values have been studied by the Board of Aldermen, and copies of the values are 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 projects and properties to be purchased by Warranty Deed or by Easement are as ollows: Harding Street Drainage - Project 52-085 Property Lot 13, J. G. Lane Sub-Div. as recorded in Vol. 9820 P. 583, Wichita County Deed Records Part of Lot 49, J. G. Lane Sub-Div. Part of Lot 48, J. G. Lane Sub-Div. Part of Lot 47, J. G. Lane Sub-Div. Part of Lot 45 and 46, J. G. Lane Sub-Div. Part of Lot 44, J. G. Lane Sub-Div. All of Lot 35, J. G. Lane Sub-Div. Part of Lot 27, J. G. Lane Sub-Div. Part of Lot 26, J. G. Lane Sub-Div. Part of Lot 24 and 25, J. G. Lane Sub-Div. Part of Lot 23, J. G. Lane Sub-Div. Part of Lot 7, Kemp and Harrel Sub-Div. Part of the tract of land as recorded in Vol. 1051, P. 837 of the Wichita County Deed Records Part of the tract of land as recorded in Vol. 949, P. 438 and Vol. 746, P. 75 of the Deed Records of Wichita County. Total of values approved in this resolution ----------------- $3,000.00 257 Item 8c, Cont'd. SECTION NO. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase, by Warranty Deed or by easement, such tracts of land as shown on the project right-of-way determined by the Public Works Department of the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any tract for such value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Moved by Alderman Taylor that Re,%lution No. 1098 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays: None. Item 8d i A proposed resolution was presented approving final settlement with James Murphy in regard to future medical expenses. II. P. Hodge, Jr. , City Attorney, explained that heretofore the city had settled an injury claim with James Murphy, and since that time Mr. Murphy desires to make a final and full settlement of all claims, including future medical expenses, in the amount of $500.00. s RESOLUTION NO. 1099 WHEREAS, by Resolution No. 1088 dated June 2, 1970, the Board of Aldermen approved a settlement of Cause No. 86,976-C, James A. Murphy vs. City of Wichita, Falls, whereby the City was to pay Murphy the sum of Twelve Thousand Five Hundred and 00/100 Dollars ($12,500.00) cash, and future medical expenses up to a limit of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) were left open for a period of two (2) years, and this settlement was thereafter consummated; and, WHEREAS, James A. Murphy has offered to accept the sum of Five Hundred and 001100 Dollars ($500.00) cash in full and final settlement for all such future medical expenses which were left open in said settlement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such full and final settlement for all future medical expenses left open in the above suit is hereby approved, and the City Manager is authorized to pay the sum of Five Hundred and 00/100 Dollars ($500.00) cash to effect such settle- ment. Moved by Alderman Boyd that Resolution No. 1099 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Lambert, Darner, Boyd, and Drake - Nays: None. Item 8e Award of the bids for removal of 32 hazardous structures was considered. It was recommended that the four units submitted by Carroll Davis be awarded to him in the amount of $682.50, and that the remaining units be awarded to Boyd Curtis in the amount of $9,775.00. Moved by Alderman Lambert that bids be awarded as recommended. Motion seconded by Alderman Darner, and carried unanimously. Item 9a J '� H. E. Whitnell recommended that bids be rejected for traffic signal cable 258 Item 9a, Cont'd. because they exceeded budgeted funds, and that authority be granted to readvertise for cable necessary to build a trunk line. Moved by Alderman Lambert that bids be rejected, and authority be granted to J readvertise. Motion seconded by Alderman Boyd, and carried unanimously. Item 10 Permission was requested to advertise for bids for a street sweeper. Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Taylor, and carried unanimously. Item 11 Moved by Alderman Lambert that minutes of the meetings of the following boards / and commissions be received. a. Park Board - June 23, 1970 b. Traffic Commission - June 9, 1970 j ` c. Planning Board - June 10, 1970 d. Electrical Advisory Board - June 9, 1970 Motion seconded by Alderman Darner, and carried unanimously. Item 12 Moved by Alderman Darner that water reimbursement contract payments in the amount of $10,325.44, and sewer reimbursement contract payments in the amount of $2,517.65, be approved for a total amount of $12,843.09, as follows. Hawkeye Development Company, Water, Loch Lomond Addition, Section A and B from May 31, 1969 to May 31, 1970; $3,581.41 Hawkeye Development Company, Water Section D2, Exhibit A, of University Park, from May 3, 1969 to May 3, 1970; $796.53 Best Building Company, Water, Sections A and B Aqueduct and Maple Street south of Farm Highway 369 of the Sikes Addition from June 20, 1969 to June 20, 1970; $3,800.19 Skyline Devleopment Inc. , Water, Fountain Park, Section 2A, from May 3, 1969 to May 3, 1970; $2,147.31 Hawkeye Development Company, Sewer, Section D2, Exhibit A, of University Park, from May 3, 1969 to May 3, 1970; $167.19 Best Building Corporation, Sewer, Sections A and B of the Sikes Estate Addition, from June 20, 1969 to June 20, 1970; $592.74 University Park Corporation, Sewer, Sections A2, A3 and C1 of University Park Subdivision from May 1, 1969 to May 1, 1970; $10757.72 Motion seconded by Alderman Taylor, and carried unanimously. Item 13a Mayor Hill appointed Leroy Daniel to the Hospital Board to fill the unexpired term of Jack Davis, who resigned and moved from the City. This term will expire April 1, 1971. Moved by Alderman Boyd that the appointment of Leroy Daniel be confirmed. Motion seconded by Alderman Darner, and carried unanimously. 259 Item 13a, Cont'd. Mayor Hill Also reappointed William L. Donnell and Billy R. Delaney to the Housing Authority Board for two-year terms to expire June 12, 1972. Moved by Alderman Darner that the appointments of William L. Donnell and Billy R. Delaney be confirmed. Motion seconded by Alderman Taylor, and carried unanimously. Item 13b City Manager Gerald Fox explained that a survey had been made on the use of plastic pipe in water systems. Of the 15 Texas cities surveyed, its use was found to be very limited; primarily, only in service lines from either the main to the meter, or from the meter to the house, or both. He strongly recommended that the use of plastic pipe in our water distribution system not be authorized beyond that presently authorized. lie suggested authority to use PVC pipe under certain standard conditions on short runs within the city on an experimental basis, but that it not be allowed generally in our system. This would be to test not only the pipe itself, but also the action of various soil conditions on such pipe. Moved by Alderman Darner that the report be received, and authorization be given for limited use of plastic pipe, as recommended. Motion seconded by Alderman Taylor, and carried unanimously. r Item 14 d� e i ( Authority was requested to advertise for the sale of excess city owned property. This is the remainder of Lots 11 and 12, Block 49, Southland Addition, after the required Kell Freeway right of way was acquired. Moved by Alderman Lambert that authority be granted to advertise for the sale of excess city property as requested. Motion seconded by Alderman Boyd, and carried unanimously. Moved,by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 5:20 P.M. PASSED AND APPROVED this day off , 1970. ayor ATTEST City Clerl