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Min 11/17/1970 � 1 299 Wichita Falls, Texas Memorial Auditorium Building November 17, 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 Larry Lambert X Aldermen Dick Darner X J. C. Boyd, Jr. X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Bill Drake Absent The invocation was given by Alderman Wills. Visitors were welcomed by the Mayor. Item 3 Moved by Alderman Wills that minutes of the meeting held November 3, 1970, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Mayor Hill recognized Captain and Mrs. David Cruz. Captain Cruz has been Commander of Headquarters Squadron at Sheppard Air Force Base, which is the City 's adopted squadron. He stated that David and his wife are leaving the City today, and requested that they come forward for presentation of an award as Honorary Citizen of the City of Wichita Falls. Following the presentation, Captain Cruz introduced Captain Lawrence Jones as new commander of the squadron. He also ex- pressed his pleasure of having been here in Wichita Falls, and wished the best of luck to the Council. Mayor Hill read a proposed resolution declaring Coyote Day in Wichita Falls. ✓ RESOLUTION NO. 1126 WHEREAS, on November 21, 1970, the Wichita Falls Senior High School Coyotes once again begin the climb toward the State championship by tackling the highly rated team from Odessa Permian High School; and, WHEREAS, if the Coyotes are successful in defending their championship and retaining their crown, it will be the first time in history that a high school has won the AAAA football championship seven times; and, WHEREAS, the citizens of Wichita Falls are solidly supporting the Coyotes in this bi-district game against Odessa Permian High School and in later games in the play-offs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Saturday, November 21, 1970 is hereby declared to be Coyote Day in Wichita Falls, and the encouragement and support of the citizens of the city is extended to the Coyotes in their battle against Odessa Permian High School and all other teams in the state football play-offs. 300 Moved by Alderman Wills that Resolution No. 1126 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays : None Item 4a Mayor Hill called on the City Manager to explain some proposed street name / changes. He stated that property owners had previously been notified of the intent- ion of the Board of Aldermen to change certain street names at such time as improve- ments were completed. Thirty-seventh and Thirty-eighth street name changes will be recommended at the time of their completion. Mr. Fox stated that some objections have been made with regard to Call Field Road and its historical value. No improve- ments have been made on Call Field Road in connection with the present improvements, therefore, he recommended that Hampstead, Hamilton, and Archer streets be re-named Midwestern Parkway, and hold in obeyance the re-naming of Call Field Road until such time as it is constructed to parkway standards. y j ORDINANCE NO. 2626 AN ORDINANCE CHANGING THE NAME OF ARCHER STREET AND PORTIONS OF OTHER STREETS TO MIDWESTERN PARKWAY. Moved by Alderman Wills that Ordinance No. 2626 be passed, with the deletion of Call Field Road. Motion seconded by Alderman Lambert. Mrs. Owen Berg appeared in opposition to the re-naming of Call Field Road for its sentimental and historical reasons. She felt the name should be maintained in memory of the men who died. She suggested that instead of Midwestern Parkway, that they name the whole thing Call Field Memorial Road. John Carroll, 4805 Trinidad, appeared as president of the Jaycees, stating he realizes this parkway is vital to transportation, but favors retaining some designat- ion of Call Field Road. He requested that the Council seriously consider the heri- tage of those who gave so much for us, and consider re-naming the entire parkway Call Field Road. In a substitute motion, it was moved by Alderman Taylor that the entire street be named Call Field Parkway. Motion seconded by Alderman Boyd. Alderman Lambert spoke against the substitute motion. He stated that historically, Midwestern University offers and adds a great deal to the City of Wichita Falls; that its location has some significance in the naming of the street. When the street connects with the expressway system, it will be descriptive in locating Midwestern University. He further stated that the university has contributed historically in the past and future to the City of Wichita Falls; that he believes that Midwestern Parkway, on the finally completed structure, is more appropriate both historically and for other reasons. Alderman Taylor stated that he felt the main purpose of the re-naming was to ob- tain a parkway designation, and not to promote Midwestern University. Alderman Wills, stated he would vote against Mr. Taylor's motion for the reasons Mr. Lambert mentioned, stating that he feels compromise from the original recommen- dation. Mrs. Berg stated that she did not mean that there would be a deliberate swallowing up of Call Field Road, but feels it would happen in the years to come. She felt that Taft Street would be more appropriately named Midwestern Parkway. Mr. Taylor's motion to name the entire street Call Field Parkway was lost by the following vote: 301 Item 4a, Cont'd. Ayes : Aldermen Taylor and Boyd Nays : Mayor Hill, Aldermen Wills, Lambert, and Darner Mr. Wills ' motion to name the entire section Midwestern Parkway, with the deletion of Call Field Road, was carried by the following vote: Ayes : Aldermen Wills, Lambert, Darner, and Boyd Nays : Alderman Taylor- j . Item 4b i A proposed ordinance was presented revising speed limits on Midwestern Parkway. i ORDINANCE NO. 2627 i AN ORDINANCE AMENDING SECTION 29-91 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING MAXIMUM SPEED LIMITS IN CERTAIN ZONES, AND DECLARING AN EMERGENCY. Moved by Alderman Lambert that Ordinance No. 2627 be passed. Motion seconded by Alderman Darner, and carried by the following vote : Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays : None Item 5a A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1127 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 : Kell Freeway - Project 52-071 Property (Warranty Deed) Lot 2, Block 2, First H. W. Spivey Addition 17,800 S. F. of Lot 1, Block 5, Boyd S/D, Grainger Park Addition, Vol. 685, Page 387, Deed Records of Wichita County, Texas 636 S. F. of Lot 18, Block 6, Boyd 's S/D of Grainger Park Addition, Vol. 679, Page 367, Deed Records of Wichita County, Texas Lot 2, Block 94-A, Highland Addition 7,974.5 S. F. of Lots 8 & 9, Featherston Addition, Vol. 1003, Page 348, Deed Records of Wichita County, Texas 1,765 S. F. of Lot 20, Block 22, Jalonick Addition 302 Item 5a, Contd. 4,159 /S. F. of Lots 5, 6, & 7, Block 4, Boyd's S/D of Grainger Park 9,938 S. F. of Lots 3, 4, & 5, Block B, Kings Addition Combined total of values approved in this resolution - $43,080.00 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, 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 Darner that Resolution No. 1127 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays : None Item 5b �- A proposed resolution was presented authorizing proposals to property owners on North Beverly project. RESOLUTION NO. 1128 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 projects and properties to be purchased by Warranty Deed or by Easement are as follows : North Beverly - Project 52-072 Property (Warranty Deed) 0.0006 acre tract of land in the David Welch Survey Abstract 324, Bol 387, Page 26, Deed Records, Wichita County, Texas West 158.00 feet of Lot 9, Block 3, Beverly Industrial District Lot 8, Block 3, Beverly Industrial District East 142.00 feet of Lot 7, Block 3, Beverly Industrial District 0.492 acre tract of land out of a 46.00 ft. strip of land, Block 3, Beverly Industrial District 1.0038 acre tract of land out of Lot 4, Block 3, Beverly Industrial District Lot 3, Block 3, Beverly Industrial District 303 I; Item 5b, Cont'd. 1.1269 acre tract of land out of Lot 2, Block 3, Beverly Industrial District 0.0061 in the N.W. corner of Lot 1, Block 3, Beverly Industrial District EASEMENT 0.0211 acre of land in Lot 7, Block 3, Beverly Industrial District 0.1598 acre tract of land in Lot 6, Block 3, Beverly Indistrial District Combined total of values approved in this resolution - $18,240.00 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 cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department. Moved by Alderman Wills that Resolution No. 1128 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays : None Item 6 Bids were considered on ready-mix concrete and bulk cement. City Concrete and Gifford Hill submitted identical low bids on the ready-mix concrete in the amount of $15.90 per cubic yard. The law provides that when identical bids are received, the successful bidder must be determined by the casting of lots. The Mayor flipped a coin and Alderman Boyd called, with City Concrete being the winner. Moved by Alderman Darner that City Concrete be awarded the bid in the amount of $15.90 per cubic yard. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Darner that H.C.C. , Inc. , be awarded the low bid for bulk cement in the amount of $5.30 per barrel. Motion seconded by Alderman Boyd, and carried unanimously. Item 7a Permission was requested to advertise for bids for 16 two-way mobile radios for the Sanitation and Police Departments. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item 7b Permission was requested to advertise for bids for a center column, and 304 Item 7b, Cont'd. replacement arms and nozzles for a 175 feet diameter trickling filter for the sewage disposal department. Moved by Alderman Lambert that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. Item 7c Permission was requested to advertise for bids on two scooters for the Parking Meter and Golf Departments. Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Darner, and carried unanimously. Item 7d Permission was requested to advertise for bids on 17 sedans and 18 trucks for various city departments. Moved by Alderman Boyd that authority be granted to advertise fcr bids as re- quested. Motion seconded by Alderman Lambert, and carried unanimously. Item 8 Moved by Alderman Lambert that minutes of the meetings of the Electrical Advisory Board held October 13 and November 10, 1970, and the Traffic Commission held October 13, 1970, be received. Motion seconded by Alderman Darner, and carried unanimously. Item 9a Moved by Alderman Darner that the following sewer reimbursement contract pay- ment be approved in the amount of $513.70. Sunnyside Development Company, Sewer, Section 2-A and Section 2-B of the Sunnyside Heights Addition from October 29, 1969 to October 29, 1970; $513.70 Motion seconded by Alderman Lambert, and carried unanimously. Item 9b Mayor Hill made the following appointments to the Aviation Advisory Board, with terms of expiration as shown. a. Perry Wesbrooks - December 31, 1973 b. Paul Teague - December 31, 1973 C. Charles Johnson - December 31, 1973 d. W. E. Ryle - December 31, 1972 e. Lt. Col. Vilas Bie]efeldt - December 31, 1972 f. Mike Geroulo - December 31, 1972 g. Ed McDonald - December 31, 1971 h. Tom Danaher - December 31, 1971 i. David Kimbell - December 31, 1971 j . J. C. Boyd - Council Representative Moved by Alderman Lambert that the appointments be approved as stated. Motion seconded by Alderman Darner, and carried unanimously. 1 ly 305 Item 9c Cletus Schenk, Attorney, appeared for Mr. Terry, a developer from Dallas, requesting a waiver of subdivison site improvements for proposed development within the City's extraterritorial jurisdiction, and who is also requesting raw water service from the City. In 1966 the City obtained right-of-way for con- struction of the road and transmission line to Lake Arrowhead from the owners of the old Ross Ranch property. This right-of-way was furnished at no cost to the City subject to the owners being furnished three water taps (they would pay for the raw water) at points of their choosing. The amount of water needed would not exceed domestic and minor livestock usage for households of not to exceed one per 40 acres of land owned at that date, and this provision will be in effect for any of their assigns or successors. Mr. Schenk clarified with Mr. Hodge that the property owned at that time was 3200 acres, which would have authorized water from these three taps of not to exceed 80 houses. Mr. Schenk explained that the present owners desire to subdivide the land into 22 acre tracts, and $15,000 homes. He stated that it is impossible for him to develop this property without some waiver of the subdivision ordinance. City Attorney H. P. Hodge, Jr. , ex- plained that the five-mile extraterritorial area bisected this land prior to adoption of the Lake Arrowhead annexation ordinance. The Court has ruled in the City's favor on this annexation. An appeal has been filed in a higher court; however, the prior court's decision has not been overuled up to this time, and the annexation ordinance is valid. After the annexation of Lake Arrowhead, the extraterritorial jurisdiction was extended further to include the entire property. Mr. Schenk explained that Mr. Terry is asking for waiver of sidewalks, curb and gutter, storm drainage, and street specifications , and that unless these are waived then he nor anyone else can build houses economically in this area. He also stated that it is an asset to the City to sell raw water for building these houses; that the trade hub for this area will be in Wichita Falls. He spoke of the possibility of this type of development for military retirement. Mr. Donald A. Terry of Dallas, stated he came here three months ago to con- template developing this property. He stated that he was told by telephone by the Planning Department that he was in Clay County, and not applicable to the City's requirements. He explained that he desired to develop this property into two, five, ten, and eighty-acre tracts; that the maximum loan which can be ob- tained on these houses is $15,000. He proposes to furnish his own pumping facilities and build a storage area for the water. A filtering system will be furnished for each home. He stated that the development will be of good taste, probably with deed restrictions. He stated that he would appreciate latitude in this development of 3200 acres. He estimated that he would build between 200 and 250 homes. He stated that such operations have been very successful in San Antonio and Dallas, and that those cities did not have the subdivision re- quirements in their extraterritorial jurisdiction that Wichita Falls does; how- ever, he stated that he did not purchase water from those cities--that he had his own water system. He did not build in those cities ' limits, but was in their extraterritorial jurisdiction. He stated that at the time Planning Department advised him that he would not be subject to our subdivision requirements, that the purchase of water was not discussed at that time. City Manager Gerald Fox informed him of these provisions when he inquired concerning purchase of water from the City. Alderman Lambert inquired if this type of development is not more urban than rural as previously requested .by Mr. Casey. Mr. Terry stated that it is. City Manager Gerald Fox asked Mr. Terry how many of the 3200 acres would be included in these 200-250 homes. Mr. Terry stated 1300 acres. Alderman Wills stated that he had expressed his reservation of the precedent this would set. He asked Mr. Terry how far he would go out before requiring these facilities. Mr. Terry stated that in other places he goes with County requirement; that cities do not attempt to enforce any requirements other than platting within extra- territorial jurisdiction. A question arose on the distance to Wichita Falls, and Howard Morgan, 1644 Southwest Parkway, stated it is 9 miles from the red school house to Wichita Falls. Mr. Terry thought it was 8 miles. Lewis Nichols, Attorney from Dallas, stated that their firm is City Attorney for 15 cities around Dallas. He stated that with regard to extraterritorial jurisdiction, he disagreed with what the City is trying to do. He stated that in his opinion they could not impose any of the ordinances in this area except in platting requirements. He referred to Article 970-A regarding subdivision rules and regulations, stating that it has to do with platting of lots, street widths, alleys, and easements. Alderman Lambert inquired if we could not set standards when sale of water is requested. He stated if they were not imposing unreasonable regulations then they could, but they could not impose unreasonable regulations. He stated that in his opinion cities are not required to sell water 306 Item 9c, cont'd. outside the city, but when they begin that procedure he did not feel they could discriminate against anyone else. He stated that he felt this would be an unreason- able requirement. He stated that if they were not coming to us for water, then the City would have no jurisdiction. Since they are, then it is a question of how far the City can go. Alderman Darner commented that what the Council does is a precedent setter; that they have the power to decide, based on this resolution. He questioned, per- sonally, making this kind of requirement on developers like this where it is located. City Manager Gerald Fox stated that the staff has been on record with regard to Resolution 1057, which was approved by the Council. The main reason for this policy establishment was because we have had many requests for serving water out- side the City. He stated that they feel that if developments desire to purchase water from the City that they be required to meet uniform, and without discrimin- ation, the same requirements of the city residents. If the requirements are waived, the he feels the policy statement should be changed to conform to their present thinking. City Attorney H. P. Hodge, Jr. , commented on power and rights. The City has passed an ordinance annexing this strip. It has been challenged in court, but so far has not been successful, and at this point the ordinance is valid. Extra- territorial jurisdiction requirements have not been answered in any litigation. We do not know for sure regarding the range of the Municipal Annexation Act. The City is not required to extend mains to any particular area, but is left to the discretion of the City of Wichita Falls. If mains are already in existence, then we are required to treat people similarly situated the same. He stated that he believes this resolution is reasonably related to public health and safety; that this would be his advice until some court said different. Mr. Nichols stated that he felt that the waiver portion of the ordinance can be applied, and is justified in this instance. He stated that he believes they meet the criteria set out in this ordinance. Don Wade appeared as Chairman of the Planning Board. He stated that the City staff has to comply with the ordinances. He feels that the country concept of living is a coming thing. If they agree to building inspections, etc. , then per- haps the variance should be granted. He stated that the Planning Board did not make a decision because they had been informed by the legal department that they were not authorized to act in certain areas. David Casey from Lubbock expressed appreciation to the Council for their de- votion to the City. He stated he was the one who deeded the 42 acres to the City for right-of-way, and water was the only concession they asked for. Mr. Hodge stated that in the conversations with Mr. Casey and others that it never occurred to him that the City was waiving all our rules, regulations, policies, and re- quirements by agreeing to sell them water. Moved by Alderman Darner that the request to waive subdivision requirements within extraterritorial jurisdiction be granted to the extent of sidewalks, curb and gutter, storm sewers, and street specifications, and that the minimum lot size be set at two acres. Motion seconded by Alderman Taylor. Alderman Boyd stated that he had seen this plat, and that there is a trailer park, a commercial establishment, and also some 100-125 feet lots, which has not been mentioned prior to this time. He stated that with the commercial establish- ment the residents would not have to go anywhere else to do their shopping. Mr. Terry stated that if these are objectional, then he would be willing to waive the commercial and trailer parks. He stated he would also agree to a minimum of two-acre tracts. (This was when Alderman Darner's motion was amended to include the minimum lot size) . It was pointed out by Alderman Wills that the City has other requirements which Mr. Terry would have to abide by, such as the liquor ordinance and trailer park ordinance, and asked Mr. Terry if he understood that there are other ordin- ances which would be applicable to him, and Mr. Terry stated that he did. 1 307 Item 9c, cont'd. The motion to waive certain requirements was carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Boyd Nays : Mayor Hill It was agreed that a study of the policy statement in Resolution 1057 should be undertaken. City Manager Gerald Fox stated that the problem of furnishing water to this subdivision is still of major concern to the City, and yet to be resolved. The Council re-affirmed that their action on waiving certain requirements did not contain any action on the sale of water. Don Wills stated that he felt some provision should be made within the scope of the Planning Board regarding giving advice to the Council on certain matters, and that any matter which they can act on should not come before the Council. City Attorney H. P. Hodge, Jr. , explained that authority for on-site improve- ments that do not set out specific regulations has been delegated to the City Engineer. Discussion was held on the Planning Board's authority in acting or granting variances, or in an advisory capacity. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 1 :05 P.M. PASSED AND APPROVED this .a2�� day of, yQp���, ��/, 1970. Mayor ATTEST: Ci y Clerk