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Min 10/08/1970 282 Wichita Falls, Texas Memorial Auditorium Building October 8, 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 10:00 o'clock A.M. , with the following members present: Kenneth Hill Mayor Don Wills X Harrison E. 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. Mayor hill welcomed all visitors present, including Rhea Howard, representatives from the Board of Commerce and Industry, and the League of Women Voters, stating he was happy to have all of them here. Otto Pfeiffer was also later recognized and welcomed for his attendance at the budget -hearing each year. Item 3 Moved by Alderman Wills that minutes of the meeting held September 15, 1970, be approved. Motion seconded by Alderman Taylor, and carried unanimously. Item 4a The public hearing was opened on improvements of F.M. 369 (Southwest Parkway) . Lee Sellers, Attorney, appeared on behalf of R. M. Diggs, Harold Diggs, and Ruby Diggs Kurtz, stating that the proposed assessment against their property is listed as 1480 front feet, for a total of $2440.00. lie stated that in his opinion, they are not abutting owners; that the existing right-of-way on Southwest Parkway is 120 feet, and that the improvements will occupy a total of 94 feet. This will leave a gap of thirteen feet of space between the improvements and their property. The second point he raised was that enhancement in value that will arise with the proposed improvement is not commensurate with the assessment. lie presented a letter to the Council from Mr. Healy, an appraiser, opining that it is highly unlikely that the property will be needed in the foreseeable future, and that there will be no benefit to this property from the improvements. City Attorney H. P. Hodge, Jr. stated that the City cannot assess anyone other than an abutting owner, and further discussion was held in this matter. Alderman Lambert inquired if the Council could reasonably assume that they are abutting property owners, and Mr. Hodge stated that they could. City Manager Gerald Fox explained that benefits accruing to the property normally are as much as the cost of the assessment, and that it would be impossible for cities to have to appraise each piece of property. Titus Mitchell, Attorney, appeared representing Mrs. Alice Baker Brown. He stated she had owned this 49-acre farm land tract since 1929, and had been trying to sell it for 20 years, but that there is no market for it. He pointed out that 250 feet of this property was annexed recently; that the Athletic Complex and new junior high does not benefit his client at all. He questioned the number of feet assessed, and the amount of the assessment, stating it is not to her benefit in any where near that kind of money. City Manager Gerald Fox stated that the assessment of $1.65 per front foot is based on 1094 feet of frontage, less 302 feet which is already curbed and guttered. The actual cost of curb and gutter is based upon the 283 Item 4a, Cont'd. City contract price, and is less than the State Highway Department normally charges in construction of this kind (previously $2.50). City Attorney H. P. Hodge, Jr. clarified that it benefits the property involved rather than the owner of the property. No one else desired to be heard, and the public hearing was closed. ORDINANCE NO. 2618 ORDINANCE CLOSING BEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF FM 369 (SOUTHWEST PARKWAY) FROM THE WEST PROPERTY LINE OF BARNETT ROAD TO THE WEST PROPERTY LINE OF GREGG ROAD 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 CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS- MENT 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 EFFECT- IVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2618 be passed. Motion seconded by Alderman Lambert. Alderman Wills stated that in his opinion, any city improvement will eventually improve this property, if it meets the legal criteria. The motion was carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd and Drake Nays: None Item 4b The public hearing was opened on the annual budget for 1970-71. Mayor Hill read a statement regarding the problems encountered and procedures involved in arriving at the budget figures for this year. The City Manager explained a few changes in the budget. Total resources amount to $12,119,108.00, with appropriations in the amount of $12,094,192.00. Of this amount, $8,673,340.00 is for operating costs and $3,420,852.00 is forfixed costs. There is no increase in the tax levy of $1.92 from 1969 to 1970. These changes are due to typographical or addition errors, assessed valuation of property has been increased, there is an increase from the original expenditures in the amount of $3,750.00 to purchase equipment for office envelope insertions. There has been a redistribution in the tax rate. This is a balanced budget with an ending balance at the end of the year. Bonded indebtedness cost will increase. The staff and council have spent many hours on this budget, and feels it is a good work program. Dr. Clifford Burross appeared, stating that a big issue had been made about keeping the tax rate at the same level as 1969. Ile stated that he basically detests the property tax, but recognizes that it is the main source of revenue for cities, and that most people want the dollar value received for the tax money spent. He attacked the premise that the. tax rate last year should necessarily be the same this year or any year in the future. He stated that the premise of going on last year's budget is a fallacy. We should evaluate what the citizens want, and what it will cost to provide. fie further stated that M believes the people now will tell us that tax dollars are now being better spent than they were several years ago. Basis for the request that the tax rate be kept the same is due to economic conditions and rising costs in other levels of government. This is not confined to city government, and feels that the state and federal agencies have taken over some programs because local governments have not taken care of it themselves. He stated that we should hold the level of the cost of government, but not at the detriment of what needs to be done. He feels the loss of population has been suffered as a result of econo- mic changes, and that some of the steps we have taken have prevented it from being a greater loss. The theory that businesses locate where taxes are lower is not necessarily true, and Dallas is a good example. He urged that we not try to keep a sacred cow, but provide needed services at the lowest cost that those services can be provided. 284 Item 4b, Cont'd. No one else desired to be heard, and the budget hearing was closed. i ORDINANCE NO. 2619 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1970, AND ENDING SEPTEMBER 30, 1971, BOTH DATES INCLUSIVE, ADOPT- ING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, AND DE- CLARING AN EMERGENCY. Moved by Alderman Wills that Ordinance No. 2619 be passed. Motion seconded by Alderman Taylor. Alderman Wills stated that he felt economic conditions this year played a large part in our budget. He affirmed that employee salary increases were necessary, and complimented the City Manager and department heads for underspending the current budget by $72,000. He stated that better services of all kinds will continually have to be provided, and that the best tax dollar spent is spent on the local level. Mayor Hill stated that none of us like taxes, but we like the services the taxes provide. City services and personnel have been upgraded in the past 8-10 years, and we cannot go downhill now. In order to keep progressing, the tax dollar has to come from us. Ile further stated that he does not want to reduce services in any way. The motion for passage of Ordinance No. 2619 was carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd and Drake Nays: None Alderman Lambert expressed his appreciation to the citizens and news media for the interest generated in the budget, stating that he appreciated their attendance. Item Sb A proposed ordinance was presented levying taxes and setting the tax rate for 1970. ORDINANCE NO. 2620 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA.'FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1970- 1971 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ALL ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2620 be passed. Motion seconded by Alderman Darner. Alderman Boyd thanked the press and various media for creating this crowd. He stated that it is easy to get the idea that no one cares; that the best thing citizens can do is to continue to be interested, and participate. He complimented the City Manager and his staff on preparation of the budget. The motion was carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd and Drake Nays: None Item Sc A proposed ordinance was presented abandoning an easement on Lot 6, Block 1, Southwinds Estates, Section 1. i 285 Item 5c, Cont'd. ORDINANCE NO. 2621 AN ORDINANCE CLOSING AND ABANDONING A UTILITY EASEMENT ADJACENT TO THE SOUTH PROPERTY LINE OF LOT 6, BLOCK 1, SOUTHWINDS ESTATES, SECTION 1. Moved by Alderman Lambert that Ordinance No. 2621 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 authorizing proposals to property owners on North Beverly Project. RESOLUTION NO. 1118 WHEREAS, it is necessary to acquire the property herinafter 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 projects and properties to be purchased by Warranty Deed or by Easement are as follows: North Beverly - Project 52-072 Property 0.0695 acre tract of land in the David Welch Survey Abstract 324, Vol. 618, Page 5, Wichita County Deed Records. 0.1083 acre tract of land in the David Welch Survey Abstract 324, Vol. 859, Page 338, Wichita County Deed Records. 0.3705 acre tract of land in the David Welch Survey Abstract 324, Vol. 678, Page 473, Wichita County Deed Records. 2.9385 acre tract of land in the J. R. Cook Survey Abstract No. 40, Vol. 361, Page 268, Wichita County Deed Records. 6.9689 acre tract of land and a 0.0554 acre tract of land in the David Welch Survey Abstract 324, Vol. 850, Page 237, Wichita County Deed Records. 3.1671 acre tract of land in the David Welch Survey Abstract 324, Vol. 850, Page 237, Wichita County Deed Records. Combined total of values approved in this resolution ---------- $28,480.00 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 or by Easement, 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 i 286 Item 6a, Cont'd. cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department. Moved by Alderman Darner that Resolution No. 1118 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 6b, Lloyd Rigby, Director of Parks and Recreation, recommended approval of a contract with Tennis International, Inc., for operation of Hamilton and Weeks Park Tennis Centers. The City Manager explained that the City will receive ten percent of the gross revenue obtained from various operations of the tennis centers. RESOLUTION NO. 1119 BE IT RESOLVED BY THE- BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement between the City of Wichita Falls and Tennis International, Inc. , whereby the City grants to Tennis International, Inc. the concession rights and privileges to operate a tennis concession at Hamilton Park Tennis Center and Weeks Park Tennis Center in the City of Wichita Falls, for a period of three (3) years, is hereby approved, and the City Manager is hereby authorized to execute the. same for the City of Wichita Falls. Moved by Alderman Wills that Resolution No. 1119 be passed. Motion seconded by Alderman Darner, remarking that control of this operation is still with the City. Alderman Wills stated that the City will receive increased services from the operation. The motion was carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd and Drake Nays: None Bob Briner, President of Tennis International, appeared stating that he is grati- fied with the opportunity to come into the City, and that they are ready to move in. Item 6c A proposed resolution was presented approving a contract with Bridwell Oil Company for operation of wells in Lake Arrowhead, and settling a claim therefor. City Attorney H. P. Hodge, Jr., briefed the Council on the terms of the contract, stating it is similar to the Rife Contract. i j RESOLUTION NO. 1120 WHEREAS, when the City of Wichita Falls constructed Lake Arrowhead, it inundated parts of certain oil and gas leases owned by Bridwell Oil Company, and several produc- ing wells and injection wells on such leases were located in areas which would be flooded by said reservoir; and, WHEREAS, the City constructed certain derricks and earthen production pads in the lake to accommodate these wells, and, with Bridwell Oil Company's consent, raised the wells up to such derricks and pads; and WHEREAS, Bridwell Oil Company has claims against the City for reimbursement of certain expenses of Bridwell which were caused by the lake, and the City and Bridwell desire to settle these claims and to enter into a formal contract governing the operation of such wells in the lake in the future. 287 Item 6c, Cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The settlement of Bridwell Oil Company's claims for compensation for additional expenses for all periods down to and including August 31, 1970, for the sum of Eight Thousand Eight Hundred Nine and 04/100 ($8,809.04) Dollars is here- by approved, and the City Manager is authorized to pay such amount to Bridwell Oil Company and effect such settlement. SECTION 2, That certain contract between the City of Wichita Falls and Bridwell Oil Company governing the operation of Bridwell's wells in Lake Arrowhead is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1120 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 7 Permission was requested to advertise for bids for the following: a. 1 - Crawler-Loader (Sanitation Department) b. 2 - 51,000 GVW Trucks - Tandem Rear Axle (Sanitation Department) c. 2 - 31 cu. yd. Front-Loading Packer Bodies (Sanitation Department) d. 1 - 4 cu. yd. 4-wheel sweeper (Sanitation Department) e. 1 - 35-Ton Equipment Hauling Folding Gooseneck Front-Loading Trailer (Street Department) f. 1 - 1 1/2 cu. yd. 4-wheel rubber-tired loader (Street Department) g. Sale of City property between Kenesaw $ Kessler west of Santa Fe obtained from Catholic Church as payment of paving assessments adj- acent to the cemetery and the vacant land. One double solution pump motor of absorption machine for Building Maintenance. i. One inserting machine for Auditorium Services Department. Moved by Alderman Wills that permission to advertise for bids as outlined be approved. Motion seconded by Alderman Drake, and carried unanimously. Item 8 Moved by Alderman Wills that minutes of the meetings of the Planning Board held September 9, 1970, and the Park Board held September 22, 1970, be received. Motion seconded by Alderman Boyd, and carried unanimously. Item 9 Moved by Alderman Lambert that water reimbursement contract payments in the amount of $3,182.64, and sewer reimbursement contract payments in the amount of $3,233.74 be approved in a total amount of $6,416.38, as follows.. Tanglewood Development Company, Water, Tanglewood Addition, Section 1-A, from August 31, 1969 to August 31, 1970; $1,189.27 John Mark Hirschi, Water, Willow Brook Addition, Section 1, from August 31, 1969 to August 31, 1970; $355.64 Skyline Development Company, Water, Fountain Park, Section 1-B, Exhibit A, from August 2, 1969 to August 2, 1970; $1,637.73 1 288 Item 9a, Cont'd. Hamilton Investment Company, Sewer, Second Section of the 7th Supplemental Addition to the Country Club Estates, from August 24, 1969 to August 24, 1970; $143.56 John Mark Hirschi, Sewer, Willow Brook Addition, Section 1, from August 31, j 1969 to August 31, 1970; $38.39 Skyline Development Company, Sewer, Fountain Park, Section 1-B, Exhibit A, from August 2, 1969 to August 2, 1970; $297.17 Skyline Development Company, Sewer, Fountain Park, Section 1-A, from August 24, 1969 to August 24, 1970; $434.66 Tanglewood Development Company, Sewer, Tanglewood Addition, Section 1-A, from August 31, 1969 to August 31, 1970; $199.21 Hughes Development Company, Inc. , Sewer, Faith Village Unit No. 4, from August 30, 1969 to August 30, 1970; $1,909.41 Hawkeye Development Company, Sewer, Hillcrest Addition, Off Site Sewer Line, Blocks 23 and 24, from September 14, 1969 to September 14, 1970; $155.66 W. B. Hursh, Sewer, Hursh Estates Addition, Section Two, from September 27, 1969 to September 27, 1970; $55.68 Motion seconded by Alderman Wills, and carried unanimously. Item 10 City Manager Gerald Fox presented a request for relocation of utilities to a ' new easement by N1. C. Winters, Inc., with the City relinquishing all existing rights of a prior easement dated April 1, 1965, by C. H. Parker and others. This is located in Block 16, Kemp and Newby Subdivision, Cherokee County School Land, Abstract 33. i RESOLUTION NO. 1121 WHEREAS, M. C. Winters, Inc. has tendered to the City of Wichita Falls an ease- ment, dated October 2,1970, for a water line on a tract of land out of Block 16 of Kemp and Newby Subdivision of Cherokee County School Land Survey, Abstract No. 33, which tract of land was acquired by M. C. Winters, Inc. by deed recorded in Volume 1083, Page 256 of the Deed Records of Wichita County, Texas; and WHEREAS, such easement provides that it is accepted by the City subject to the agreement and condition that as soon as the proposed water line is installed on said easement and is in operation, City will relinquish all its existing rights under an easement granted by C. 11. Parker and others to the City of Wichita Falls by instrument dated April 1, 1965, recorded in Volume 965, Page 204 of the Deed Records of Wichita County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the acceptance of such easement dated October 2, 1970, subject to the terms thereof; when the proposed water line is in- stalled on such easement and is in operation, the City Manager is authorized to exec- ute an instrument relinquishing all of the City's rights under the easement granted by C. H. Parker and others, dated April 1, 1965, recorded in Volume 965, Page 204 of the Deed Records of Wichita County, Texas. Moved by Alderman Darner that Resolution No. 1121 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Boyd and Drake Nays: None 289 Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 11:35 A.M. PASSED AND APPROVED this,& day of �.c�p , 1970. layor ATTEST: 'AA, City Cler