Min 09/01/1970 269
Wichita Falls, Texas
Memorial Auditorium Building
September 1, 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 10:00
o'clock A.M. , with the following members present:
Kenneth Hill Mayor
Don Wills X
Harrison E. Taylor Z
Larry Lambert Z Aldermen
Dick Darner X
J. C. Boyd, Jr. X
Bill Drake X
Gerald Fox City Manager
II. P. Ilodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Boyd.
Mayor Bill welcomed Jim McDonald, President of the Board of Commerce and Industry.
Item 3
Moved by Alderman Darner that minutes of the meeting held August 4, 1970,. be
approved.
Motion seconded by Alderman Wills, and carried unanimously.
e
e
Item 4a
A proposed ordinance was presented accepting improvements on certain miscellaneous
r street improvements.
ORDINANCE NO. 2607
ORDINANCE ACCEPTING IMPROVEMENTS OF FOUR (4) UNITS OF THE 1968 ASSESSMENT
PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE
NO. 2408, NO. 2417, NO. 2423, AND NO. 2458; DECLARING THE CONTRACT WITH R. 0.
GREEN CONSTRUCTION COMPANY, TIMMINS AND ANDERSON, WICHITA FALLS, TEXAS, FOR
THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING
THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL
ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED
AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO
ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MIN-
UTE 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. 2607 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 4b
A proposed ordinance was presented accepting improvements on two units of the
1970 Street Reconstruction Program.
A
t
ORDINANCE NO. 2608
ORDINANCE ACCEPTING IMPROVEMENTS ON TWO (2) UNITS OF THE 1970 RECONSTRUCTION
PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE
270
Item 4b, Cont'd.
NO. 2562; DECLARING TIIE CONTRACT WITH R. 0. GREEN CONSTRUCTION COMPANY,
WICIIITA FALLS, TEXAS, F'OR. TIIE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COM-
PLETED 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 ALDER-
MEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDIN-
ANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFIC-
TIVE DATE.
Moved by Alderman Darner that Ordinance No. 2608 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
r
k Item 4c
i, A proposed ordinance was presented establishing no parking on the south side
. .. of llth Street between Alma and a point 391 feet east of Alma. This is in the
area of construction at Bethania Hospital.
ORDINANCE NO. 2609
AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC
ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICIIITA FALLS, TEXAS,
ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS.
Moved by Alderman Boyd that Ordinance No. 2609 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes: Aldermen Wills, 'Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
l
Item 4d
r
7 A proposed ordinance was presented adopting the 1970 Edition of the Fire
Prevention Code.
ORDINANCE NO. 2610
AN ORDINANCE AMENDING SECTION 15-15 OF THE CODE OF ORDINANCES OF THE CITY OF
WICIIITA FALLS, ADOPTING THE 1970 EDITION OF THE FIRE PREVENTION CODE.
(Moved by Alderman Taylor that Ordinance No. 2610 be passed.
Motion seconded by Alderman Drake, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
i
Item 5a
` { A proposed resolution was presented , authorizing proposals to property owners
on Kell Freeway.
RESOLUTION NO. 1108
WHEREAS, it is necessary to acquire the property herinafter 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.
i
271
Item 5a, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TILE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION NO. 1 The project and properties to be purchased by Warranty Deed and/or
Quit Claim Deed are as follows:
Kell Freeway - Project 52-071
Property
N. 1/2 of Lot 15, Block H, Grainger & Ballow Addition
Lot 14, Block II, Grainger & Ballow Addition
Lot 12, Block 50 Boyd' S/D, Grainger Park Addition
Lot 17 6 18, Block 11, Boyd's S/D, Grainger Park Addition
Lot 19, Block 1, Boyd's S/D, Grainger Park Addition
S. 55' of Lots 25 & 26, Block 1, Bateson Second Addition
Lot 4, Block 8, Bateson Second Addition
2262.5 S. F. of Lot 5, Block H, Grainger & Ballow t Addition
2764.5 S. F. of Lot 14, Block 6, Boyd's S/D, Grainger Park Addition
Lot 6, Block J, Grainger $ Ballow Addition
3645 S. F. of Lot 13, Block 6, Boyd's S/D, Grainger Park Addition
Lot 7, Block 1, Boyd's S/D, Grainger Park Addition
1805.5 S. F. of Lot 17, Block 5, Boyd's S/D, Grainger Park Addition
1728 S.F. of Lot 11, Block 6, Boyd's S/D, Grainger Park Addition
3185 S.F. of Lots 5 & 6, Block B, King's Addition
Combined total of values approved in this resolution - $12,175.00.
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 tractor 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 Boyd that Resolution No. 1108 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
Item 5b
v � A proposed resolution was presented authorizing proposals to property owners
on North Beverly Project. City Manager Gerald Fox stated that the appraised cost of
right-of-way is substantially less than originally estimated by the City and Highway
Department.
RESOLUTION NO. 1109
WHEREAS, it is necessary to acquire the property hereinafter described for con-
struction of the listed projects in the 1967 Capital Improvements Program, and,
272
Item 5b, Cont'd.
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 projects and properties to be purchased by Warranty Deed
are as follows:
North Beverly - Project 52-072
Property
0.0034 acre tract of land in the David Welch Survey Abstract 324, Vol. 972,
Page 32, Deed Records of Wichita County
0,0034 acre tract of land in the David Welch Survey Abstract 324, Vol. 789,
Page 451, Deed Records of Wichita County
0.5166 acre tract of land in the David Welch Survey Abstract 324, Vol. 776,
Page 211, Deed Records of Wichita County
0.0552 acre tract of land in the David Welch Survey Abstract 324, Vol. 710,
Page 233, Deed Records of Wichita County
0.2250 acre tract of land in the Thomas Hardy Survey Abstract 367, Vol. 910,
Page 449, Deed Records of Wichita County
2.2021 acre tract of land in the David Welch Survey, Abstract 324, Vol. 340,
Page 640, Deed Records of Wichita County
0.8236 acre tract of land in the David Welch Survey Abstract 324, Vol. 340,
Page 640, Deed Records of Wichita County
1.4634 acre tract of land in the David Welch Survey Abstract 324, Vol. 393,
Page 94, Deed Records of Wichita County
Combined total of values approved in this resolution - $23,850.00.
SECTION NO. 2 The approved value of such properties are hereby approved and the
City Manager is hereby authorized to purchase in the name of the Texas State Highway
Department, by Warranty Deed, such tracts of 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 State Highway Department.
Moved by Alderman Taylor that Resolution No. 1109 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 5c
`s A proposed resolution was presented authorizing sale of property to Texas Highway
Department on Kell Freeway Project.
RESOLUTION NO. 1110
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 Cap-
ital Improvepents Program of the City of Wichita Falls; and,
i
273
Item 5c, Cont'd.
i
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 parcels they have hereinafter described are owned by the City of
Wichita Falls and they have been appraised by appraisers employed by the Texas highway
Department; the Texas Highway Department has approved the appraised values of such
parcels which are 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 values of these parcels 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 follow-
ing tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 931,
935, 1001, 1036, 1043, 1044 and 1045 which are specifically described in the records
of this project on file in the offices of the Department of Public Works in the City
of Wichita Falls. The consideration for such deed shall be the sum of fifty percent
(50%) reimbursement of the value of Eight Hundred ,($800.00) Dollars for the said
properties 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 prupose of exploring, developing,
mining, or drilling for shame; 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 Lambert that Resolution No. 1110 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 5d
A proposed resolution was presented approving an assignment of M. 0. Rife, Jr. ,
contract to North Central Oil Corporation of Houston for Halsell oil and gas lease
at Lake Arrowhead.
RESOLUTION NO. 1111
WHEREAS, on July 7, 1969, a certain contract was entered into between the City of
Wichita Falls, M. 0. Rife, Jr. and Strawn Drilling Company concerning the operation
of the Halsell oil and gas lease in the Lake Arrowhead Basin, which contract is re-
corded in Volume 256, Page 280, of the Deed Records of Clay County, Texas; and
WHEREAS, the City of Wichita Falls has entered into two (2) contracts dated
January 10, 1968, and June 2, 1970, concerning the sale by City to M. 0. Rife, Jr. and
Strawn Drilling Company of raw water from Lake Arrowhead to be used for water flooding
the oil production on the Halsell Lease and the Furd Halsell Lease; and
WHEREAS, North Central oil Corporation has informed the City that it has pur-
chased Rife's 75% interest in the Halsell Lease and the Furd Halsell Lease; in addition,
North Central Oil Corporation has furnished the City a copy of the assignment of such
oil and gas lease, which assignment purports to cover these contracts also, and the
assignment recites that the assignee assumes and agrees to perform all obligations
imposed upon Rife by the contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City of Wichita Falls does herbby agree to the assignment by Rife to North
Central Oil Corporation of all Rife's interest in the above described contracts; North
274
Item 5d, Cont'd.
Central Oil Corporation shall enjoy the same rights and privileges that Rife had
under such contracts, and shall assume and be bound to form all obligations imposed
upon Rife by such contracts.
Moved by Alderman Wills that Resolution No. 1111 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
Y
Item 5e
A proposed resolution was presented authorizing a change in the raw water
contract for North Central Oil Corporation.
A motion was made by Alderman Taylor to adopt this resolution. After some
discussion his motion was withdrawn.
Moved by Alderman Boyd that this matter be tabled.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 5f
�r
A proposed resolution was presented authorizing the City Manager to execute a
contract of sale with Texas Parks and Wildlife Department for 524 acres of land at
Lake Arrowhead for a State Park.
RESOLUTION NO. 1112
WHEREAS, pursuant to Resolution No. 1081 adopted by the Board of Aldermen on
May 19, 1970, the City Manager has negotiated the sale of five hundred twenty-four
(524) acres of land, more or less, at Lake Arrowhead to the Parks and Wildlife
Department of the State of Texas for development of a State Park; the purchase
price for said land is the sum of Fifty Thousand ($50,000) Dollars; and,
WHEREAS, a sales agreement has been prepared setting out the terms of said
sale.
NOW, THEREFORE, BE IT RESOLVED B1' THE BOARD OF ALDERMEN OF THE CITY OF P;'ICIIITA
FALLS, TEXAS, THAT:
Such sales agreement between the City of Wichita Falls and the Parks and Wild-
life Department of the State of Texas is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls and to execute a purt,
chase voucher to the State for the sum of Fifty Thousand ($50,000) Dollars; when all
the conditions of the contract have been met, the City Manager is authorized to
execute and deliver a general warranty deed conveying said land to the Parks and
Wildlife Department of the State of Texas upon receipt of the consideration from such
Department.
Moved by Alderman Lambert that Resolution No. 1112 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
Item 6
Moved by Alderman Wills that minutes of the meetings of the following boards
J and commissions be received.
( a. Planning Board - August 12, 1970
b. Traffic Commission - August 11, 1970
c. Electrical Advisory Board - August 11, 1970
d. Plumbing Advisory Board - August 19, 1970
275
Item 6, Cont'd.
Motion seconded by Alderman Boyd, and carried unanimously.
� Item 7 _ — _ — _ —
Moved by Alderman Lambert that water reimbursement contract payments in the
amount of $963.52, and sewer reimbursement contract payments in the amount of
$1,164.52, be approved in a total amount of $20128.04, as follows.
Wichita Building Corporation, Water,Sikes Estate Addition, Section I?,
from July 8, 1969 to July 8, 1970; $963.52
Wichita Building Corporation, Sewer, Sikes Estate Addition, Section D.
from July 8, 1969 to July 8, 1970; $169.28
R. D. Montgomery, Sewer, LeFall heights Addition, Section 2, from
July 15, 1969 to July 15, 1970; �94.31
Larry Moore, 'I. E. Hill, Jr. and A. R. Dillard, Jr. , Meadow Lake Company,
Sewer, Section A, Meadow Lake Addition, from July 25, 1969 to July 25, 1970;
$429.64.
Motion seconded by Alderman Wills, and carried unanimously.
City Manager Gerald Fox remarked that this is the last council meeting for our
Director of Planning, Jim Bertram. He lauded his efforts, stating that the planning
function has come a long way in the two years he has been here. Ile stated that he
is going to Lubbock as Director of Planning. Alderman Wills stated that he had
worked with him as the Council representative on the Planning Board, and feels that
the City of Lubbock is fortunate to get him. Mayor Ifill also expressed his apprec-
iation to Jim.
Moved by Alderman Lambert that the meeting be adjourned.
Motion seconded by Alderman Boyd, and carried unanimously.
The Board of Aldermen adjourned at 10:25 A.M.
PASSED AND APPROVED this �� / day of 1970.
, 1970.
•
Mayor
" n
City Clerk