Min 02/16/1971 I
343
Wichita Falls, Texas
Memorial Auditorium Building
February 16, 1971
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
Harrison E. Taylor
Larry Lambert Aldermen
Dick Darner X
Bill Drake X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
J. C. Boyd, Jr. Absent
The invocation was given by Alderman Darner.
Item 3
Moved by Alderman Lambert that minutes of the meeting held February 2, 1971,
be approved.
Motion seconded by Alderman Wills, and carried unanimously.
Item 4a
A proposed ordinance was presented accepting improvements on the 1970 Street
Reconstruction Program.
v
_ ORDINANCE NO. 2640
ORDINANCE ACCEPTING IMPROVEMENTS ON MANCHESTER ROAD, LOBAN LANE, POWELL
LANE AND ROSS AVENUE, IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED
IN ORDINANCE NO. 2562, DECLARING THE CONTRACT WITH R. 0. GREEN CONSTRUCT-
ION COMPANY 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 MINUTE 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. 2640 be passed, accepting curb, gutter,
and sidewalks.
Motion seconded by Alderman Taylor, and carried by the following vote :
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 4b
A ordinance was proposed presented awarding the contract and setting the date
for the benefit hearing on curb, gutter, and sidewalk for the 1971 street reconstruct-
ion program.
3�}'+
Item 4b, cont'd.
ORDINANCE NO. 2641
�
_. J
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A
PORTION OF THE 1971 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN
THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION,
FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND
TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH
HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE
BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN
AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS
OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS
INCIDENT THERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Darner that Ordinance No. 2641 be passed, accepting the
low bid of Timmins and Anderson in the amount of $36,155.00, and directing the City
Clerk to give notice of the public hearing to be held on March 16, 1971, at 10:00
A.M.
Motion seconded by Alderman Taylor, and carried by the following vote :
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
The Mayor recognized Ed Seegmiller in the absence of Assistant City Manager
Jerry Dunn.
Item 5a
A proposed resolution was presented authorizing the Health Director to nego-
tiate for air pollution control grant. The City Manager explained that we still
have funds to purchase this equipment for air pollution control. They would like
to request a grant from the federal government for staffing and various items.
The city can also furnish some in-kind contributions. Dr. Parker made a brief
explanation of the proposal.
RESOLUTION NO. 1152
WHEREAS, the City of Wichita Falls, Texas, and Wichita County have created
and are operating a Board of Health under the provisions of Article 4436a-1,
Vernon's Annotated Civil Statutes; and,
WHEREAS, under the provisions of Article 4477-5, Vernon's Annotated Civil
Statutes, entitled The Texas Clean Air Act, local governments are given the right
to conduct air pollution inspections, investigations for the purpose of enforce-
ment, enforcement of the provisions of the Texas Clean Air Act and the general
duties of providing studies and a plan for air quality management; and,
WHEREAS, the United States Government, acting through the Department of
Health, Education and Welfare, is making air pollution control grants under the
provisions of the Air Quality Act, Public Law 90-148, to state and local govern-
ments; and,
WHEREAS, it is the desire of the City of Wichita Falls , acting through the
City of Wichita Falls-Wichita County Health Unit, to participate in such grants
to assure a program to prevent and control air pollution and make use of the prov-
isions of the Texas Clean Air Act,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
Approval is hereby given for the Director of the Wichita Falls-Wichita County
Health Unit to negotiate with the Department of Health, Education and Welfare for
an air pollution control grant and to take such steps as are necessary to obtain
such grant for the City of Wichita Falls and the Wichita Falls-Wichita County
Health Unit.
' 9
345
Item 5a, cont'd.
Moved by Alderman Wills that Resolution No. 1152 be passed, authorizing the
Health Unit Director to apply for a grant.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 5b
A proposed resolution was presented calling the regular city election to be
held April 6, 1971.
RESOLUTION NO. 1153
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS:
That an election be held in the City of Wichita Falls, Texas on April 6, 1971,
for electing the following officials of said City:
Alderman. . . . . .Place One
Alderman. . . . . . . . . .Place Two
Alderman. . . . . . . . . .Place Three
and that the said election shall be held at the following named places with the
following persons as Presiding Judges and Alternate Presiding Judges within the
following Precincts, to-wit:
(The voters residing in the corporate limits of Wichita Falls within the County
Precinct Numbers given herein vote in the City Boxes as shown below.)
. . . . . VOTING PLACES & JUDGES - MUNICIPAL ELECTION, APRIL 6, 1971 . . . . .
COUNTY CITY
PRECINCT BOX
NUMBER VOTING PLACE JUDGE NUMBER
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . < . .
1 Wichita County Courthouse Mrs. Guy Beard 1
Seventh and Lamar Mrs. J. R. Bell, Alternate
2 Travis School Mrs. Flip Hoskins 2
303 Third Street Mrs. Maggie Satterwhite, Alternate
3 & 40 Bowie School Mrs. J. H. Raines 3
1200 Trout Mrs. C. L. Pierce, Alternate
4 Lamar School Mrs. Bob Wise 4
2206 Lucas Street Mrs. La Nora Taylor, Alternate
5 Bonham School Mrs. Bob Pack 5
3101 Armory Mrs. C. D. Wages, Alternate
6 Lutheran School Mrs. E. G. Brown 6
2222 Brook Mrs. Joe Catter, Alternate
7 & 54 Washington Elementary Mr. C. E. Jackson 7
School, 700 Flood Street Mr. C. C. Durkee, Alternate
8 Fain School Mrs. A. D. January 8
1404 Norman Mrs. Al Flack, Jr. , Alternate
9 Lamar Street Pharmacy Mr. Dan Rivkin 9
1500 Lamar Mrs. H. L. McCloud, Alternate
10 Naval Reserve Training Mrs. Fred Martin 10
Center, 1823 Fifth Street Mrs. M. F. Feltman, Alternate
346
Item 5b, cont'd.
COUNTY CITY
PRECINCT BOX
NUMBER VOTING PLACE JUDGE NUMBER
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Reagan Jr. High School Mr. R. S. England 11
1104 Broad Mrs. Barney Williams, Alternate
13 & 27 Fannin School Mrs. Mozelle Laseman 12
710 Burkburnett Road Mrs. R. J. Condon, Alternate
14 & 45 Crockett School Mrs. Steve Marchand 13
3015 Avenue I Mrs, J. W. England, Alternate
15 Alamo School Mrs. R. E. Benson 14
1912 Eleventh Street Mrs. J. C. Davidson, Alternate
16 & 57 S. H. Rider High School Mrs. W. J. Johnston 15
4611 Cypress Mrs. Pat Boudreaux, Alternate
17 Southside Assembly of God Mrs. R. B. Dodd 16
Church, 2124 Broad Mrs. Lee Callaway, Alternate
19 & 44 Wichita Falls High School Mr. P. R. Flake 17
2149 Avenue H Mrs, P. R. Flake, Alternate
20 & 22 Zundelowitz Jr. High School Mr. John J. Kemp 18
1706 Polk Mrs. I. C. Presson, Alternate
21 & 53 Harrell School Mrs. George Wyatt 19 .
3115 Fifth Street Mrs. C. R. Cowles, Alternate
23 & 24 Sam Houston School Mrs. George Stracener 21
2500 Grant Mrs. T. M. Moore, Alternate
25 Our Lady Queen of Peace Mrs. George Bartosh 22
School, 4060 York Mrs, Bill Graham, Alternate
12, 30
& 48 Texas Highway Dept. Hdqrs. Mr. Ray Martin 23
1601 Southwest Parkway Mrs. Norma Crane, Alternate
41 Huey School Mr. Rex Tucker 24
1513 North Sixth Mrs, A. J. Grimes, Alternate
18 & 42 Hirschi High School Mrs. Dale Schook 25
3106 Borton Lane Mrs. R. D. Trammell, Alternate
43 Ben Franklin School Mrs. Bailey Meissner 26
2112 Speedway Mrs. W. E. Wright, Alternate
46 Texas Highway Dept. Whse. Mrs. Wiley T. Morgan 27
227 North Beverly Drive Mrs. W. H. Haley, Alternate
47 Carrigan School Mr. C. L. Murph 28
1609 Blonde Mrs. C. L. Murph, Alternate
50 McGaha School Mrs. Lawson Reed 29
1537 Hampstead Mrs. R. N. Stinson, Alternate
51 Barwise Jr. High School Mrs. E. E. Wood 30
3807 Grant Mrs. Loreta Thompson, Alternate
52 BB M'lam School Nrs. ances f 31
hkl tearns Mrs. Mon 3e 3ki, Alternate
55 Cunningham School Mrs. Charles Box 32
4107 Phillips Mrs. Clyde Lane, Alternate
56 Trinity Presbyterian Church Mrs. Sarah Lewis 33
Hughes and Phillips Mrs. Titus Mitchell, Alternate
347
Item 5b, cont'd.
The presiding judge for each precinct shall appoint such clerks, not less than
two (2) nor more than four (4) , as he deems necessary for the proper conduct of the
election.
The Chief of Police shall post a properly executed copy of this resolution,
order and notice at the places where the election is to be held, such notice to be
posted at least thirty (30) days before the date of said election.
Moved by Alderman Lambert that Resolution No. 1153 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 5c
A proposed resolution was presented approving an agreement with the Wichita
Falls School District for a park in Lincoln Heights Addition, and authorizing the
City Manager to execute such agreement.
RESOLUTION NO. 1154
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 the Wichita Falls
Independent School District, providing for the use by the City as a park area a
certain\tract of land comprising approximately three (3) acres adjoining Kate Haynes
Elementary School, is hereby approved, and the City Manager is authorized to execute
such agreement, a copy of which is hereto attached, for the City of Wichita Falls.
Moved by Alderman Drake that Resolution No. 1154 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 5d
l A proposed resolution was presented adopting a thoroughfare plan for the City
of Wichita Falls.
RESOLUTION NO. 1155
WHEREAS, the City of Wichita Falls has no approved Thoroughfare Plan, and,
WHEREAS, such an approved plan is needed for the guidance of the city staff,
the Planning Board, and prospective subdividers in the preparation of plats and the
development of land in the city and in the extraterritorial jurisdiction of the city;
and,
WHEREAS, the city staff, in cooperation with the NORTEX Regional Planning Comm-
ission, has prepared a Thoroughfare Plan which has been approved jointly by the
Planning Board and by the Traffic Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Thoroughfare Plan which has been submitted by the city staff be, and is,
hereby approved and is adopted as the official Thoroughfare Plan of the City of
Wichita Falls.
Moved by Alderman Lambert that Resolution No. 1155 be passed.
348
Item 5d, cont'd.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 5e
A proposed resolution was presented giving assurance of the City's willingness
to participate in the Lake Wichita-Holliday Creek project. City Manager Gerald Fox
a explained that this has been studied for many years, and that the city's responsibility
in this project would be to provide easements and right-of-way along the line. The
local share is $2.8 million. This resolution would provide for the Corps of Engineers
to follow their policies for eventual approval of this project. The time table indi-
cates that it might be ten years before this project is completed.
RESOLUTION NO. 1156
WHEREAS, under authority of a resolution adopted February 25, 1938 by the
Committee on Rivers and Harbors, House of Representatives, the Corps of Engineers,
United States Army, has made an investigation of Holliday Creek to determine the
feasibility of providing improvements for flood protection at Wichita Falls, Texas;
and,
WHEREAS, the plan proposed by the Corps of Engineers for flood protection at
Wichita Falls provides for a diversion channel and appurtenant works to divert flood
flows .from Holliday Creek to the Little Wichita River Basin; and,
WHEREAS, it is proposed by the Corps of Engineers that, after construction, local
interests perform all operation and maintenance in accordance with regulations pre-
scribed by the Secretary of the Army; and,
WHEREAS, the Corps of Engineers has requested assurances of local participation;
and ,
WHEREAS, it is understood that such assurances do not commit the Federal Govern-
ment to construction of the proposed improvements ; and,
WHEREAS, the City of Wichita Falls, Texas, is interested in the plan of improve-
ment proposed by the Corps of Engineers, and is fully cognizant of the requirements
of local, cooperation:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS :
THAT the Corps of Engineers is hereby advised that the City of Wichita Falls
concurs in general with the plan for providing flood protection at Wichita Falls by
diversion of flood flows from Holliday Creek to the Little Wichita River Basin, and
is willing and able to:
a. Provide without cost to the United States all lands, easements, and right-of-
way for construction and operation of the project;
b. Hold and save the United States free from damages due to construction and
operation of the project;
c. Maintain and operate all works after completion in accordance with flood
control regulations prescribed by the Secretary of the Army;
d. Perform, without cost to the United States, all relocations and/or alterations
of existing buildings , highways, highway bridges, oil well production equipment, sewers ,
related and special facilities and local betterments, except railroads, occasioned
by construction of the project;
e. Obtain from the State of Texas any rights required to permit diversion of
flood water from Holliday Creek to the Little Wichita River Basin;
f. Prohibit encroachment on improved channels in the city limits ;
P
349
Item 5e, cont'd.
g. Agree to publicize annually flood plain information in the area concerned
and to provide this information to zoning and other regulatory agencies and public
information media for their guidance and appropriate action, including adoption
of such regulations as may be necessary to insure against incompatibility between
future developments and protection levels provided by the project.
h. Provide an ea:^ly warning operation system to prevent delays in releasing
impounded water from the reservoir when a reservoir rise exceeding conservation
pool level appears imminent.
Moved by Alderman Darner that Resolution No. 1156 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
f Item 5f
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway.
RESOLUTION NO. 1157
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
are as follows :
Kell Freeway - Project 52-071
Property
(Warranty Deed)
77 sq. .ft. out of Lot 6, Block 67, Southland Addition
72.5 sq. ft. out of Lot 4, Block 23, Jalonick Addition
745 sq. ft. out of Lot 11, Block 28, Country Club Estates Addition
Combined total of values approved in this resolution --------- $825.00
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
Highway Department.
Moved by Alderman Taylor that Resolution No. 1157 be passed.
350
Item 5f, cont'd.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 6a
Bids were considered on an estimated annual supply of tires and tubes. Firestone
": - Stores of Wichita Falls submitted the low bid; however, theirs was not acceptable in
that they bid nylon tires as an alternate, and specifications called for steel cord
/ tires. It was recommended by Ben Shelton that the low acceptable bid be awarded to
TWR Sales , Inc. , in the amount of $31,830.73.
Moved by Alderman Darner that the bid be awarded to TWR Sales, Inc. , as recommended..
Motion seconded by Alderman Wills, and carried unanimously.
Item 6b
r
Bids were considered on an estimated annual supply of 500,000 gallons of gasoline.
Ben Shelton recommended award of the low bid to Humble Oil and Refining Company in
+ the amount of $.176 per gallon for a total of $88,000.00. There was some discussion
on acceptance or re-bidding this item.
Moved by Alderman Wills that the low bid of Humble be accepted, in the amount
of $88,000.00 and/or Big Plus at .1811 per gallon for a total amount of $90,550.00.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 6c
Ben Shelton recommended award of the low bid for an estimated annual supply of
7, linen service to National Linen Service, Wichita Falls, in the amount of $5,332.68.
Moved by Alderman Taylor that the low bid for linen service be awarded as re-
commended.
Motion seconded by Alderman Lambert, and carried unanimously.
r
Item 6d
,t
l Bids were considered on the sale of city owned property at 311 Clift Street. It
was recommended by W. J. Schnautz, Jr. , that the high bid of Evelyn M. and Dan B.
Lesh be accepted in the amount of $1,206.47.
RESOLUTION NO. 1158
WHEREAS, the following property was acquired by the City at a tax sale, to-wit:
Lot 31, Block 1 of the Clift Addition to the City of Wichita Falls, Wichita
County, Texas, also known as 311 Clift Street.
WHEREAS, the City advertised the sale of such property on sealed bids, and the
highest bid of $1,206.47 was submitted by Evelyn M. and Dan B. Lesh.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
The bid of Evelyn M. Lesh and Dan B. Lesh in the amount of $1,206.47 for the
purchase of the above rpoperty is accepted, and the Mayor is authorized to execute
and deliver to them a deed conveying the above described property for the City of
Wichita Falls.
Moved by Alderman Wills that Resolution No. 1158 be passed.
Motion seconded by Alderman Drake, and carried by the following vote:
351
i
Item 6d, cont'd.
Ayes : Aldermen Wills, Taylor, Lambert, Darner, and Drake
Nays : None
Item 6e
r It was recommended by Ernest Lillard that the low bid for hot-mix asphaltic
concretesurface course for the 1971 reconstruction program be awarded to R. 0. Green
Construction Company in the amount of $30,800.00.
Moved by Alderman Darner that the contract be awarded as recommended.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 6f
Ernest Lillard recommended award of the low bid for surface overlay for 1971 to
R. 0. Green Construction Company in the amount of $24,592.00.
Moved by Alderman Taylor that the contract for the 1971 surface overlay program
be awarded to R. 0. Green Construction Company, as recommended.
Motion seconded by Alderman Darner, and carried unanimously.
Item 7
Ben Shelton requested permission to advertise for bids for an estimated annual
supply of 50 tons of organic base fertilizer.
Moved by Alderman Darner that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Drake, and carried unanimously.
Item 8
i .
Moved by Alderman Taylor that minutes of the meetings of the Airport Advisory
j. Board held January 20, 1971, and the Electrical Advisory Board held February 9, 1971,
be received.
Motion seconded by Alderman Lambert, and carried unanimously.
Alderman Lambert recommended that a study be made of the desirability of annexing
the airport.
j Item 9a
Moved by Alderman Darner that water reimbursement contract payments in the amount
of $1,446.63, and sewer reimbursement contract payments in the amount of $667.21,
be approved for a total amount of $2,113.84, as follows.
T. C. Foley, Water, Brentwood Estates, Exhibit A, from January 9, 1970
to January 9, 1971; $1,446.63
T. C. Foley, Sewer, Brentwood Estates, Exhibit A, from January 9, 1970
to January 9, 1971; $197.32
Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from
January 30, 1970 to January 30, 1971; $469.89
Motion seconded by Alderman Lambert, and carried unanimously.
352
Item 9b
Mayor Hill appointed Jack Hall to the Plumbing Advisory Board to fill an un-
expired term to end in May, 1972.
Moved by Alderman Wills that the appointment of Jack Hall be approved.
Motion seconded by Alderman Drake, and carried unanimously.
Item 9c
Kenneth Johnson appeared as a representative of Gene Stephens regarding four
r
pieces of business properties which he has within the Kell right-of-way. These prop-
erties are located at 2810, 2900, and 2906 Grant and 3100 Wenonah. He stated that
$150,000 is the lowest they should get for those 'properties. The City had offered
Mr. Stephens $71,050. He further explained that Mr. Stephens has been denied a
building permit because these properties will be condemned, and he does not have
enough income from these properties to meet his mortgage payments. He requested that
the Council instruct that the property be condemned, and condemnation proceedings
started.
City Manager Gerald Fox. explained that properties taken have been in conjunction
with the Texas Highway Department; that properties are appraised by an appraiser em-
ployed by the Texas Highway Department. Their work is submitted through their district
and state offices for approval, and then to the city for our approval. He further
explained that the position which the city has been taking is that they will nego-
tiate with the property owner, and leave the property open until such time as it is
needed for construction. If at that time the offer has not been accepted it will
be placed before a condemnation board. It was pointed out that Mr. Stephens' prop-
erties are located in an area in which they anticipated a contract should be awarded
in 1972.
The question came up again on a building permit. Mr. Stephens stated he was
verbally denied a building permit. It was pointed out that only if a written applicat-
ion is submitted would there be a record of denial. Mr. Fox stated that the City
does not feel that it can deny a building permit without going ahead and taking the
property. Mr. Stephens stated he did obtain a permit to repair a roof, which had
previously been denied. He stated he does not now desire a building permit, but that
in 1968 he was denied a permit on various properties. At that time he wanted to
enlarge a building at 2810 Grant to accommodate the tenant. He did not file an ap-
plication after it was verbally denied. Mr. Stephens explained that he has some
income on all of these properties. Bestway Van Lines is located at 3100 Wenonah, but
they are trying to relocate. A small building behind 2810 Grant is not occupied, but
there is a Midwestern fraternity in the front of this building. Mr. Johnson requested
that the property be condemned. Alderman Lambert stated that this request seemed a
reasonable one to him.
Moved by Alderman Lambert that the city staff be directed to proceed with con-
demnation procedures on these specific properties.
Motion seconded by Alderman Darner.
Alderman Wills offered an amended motion to ask for two new appraisals since it
has been two years since the appraisals were made.
Mayor Hill stated that he felt they were establishing a precedent for all other
property owners to follow and ask for condemnation or final settlement. Alderman
Lambert stated that he felt if there was a hardship on the persons, then they should
go ahead with the settlement. City Attorney H. P. Hodge, Jr. , stated that he thought
it was a policy of the Highway Department that if time passes between the. time of
appraisal and settlement that they would have the appraisal brought up to date.
Item 9d
Cletus Schenk addressed the Council regarding a proposed Arrowhead Ranch Estates
water purchase contract. He stated that Mr. Terry had gone to the state health
department, and was told that they would have to comply with the state health
department's standards for a water treatment plant.
� p
353
Item 9d, cont'd.
Mr. Schenk requested the following changes to the contract: In Section 1.8,
increase the maximum amount of 35,000 gallons per day to 100,000 gallons for 400
families, rather than 80 families. The City Manager suggested that if the Council
determines that 100,000 gallons per day be allowed, then eliminate the 80 families -
that the number of_ga.11ons_would be the qualifying factor. In Section 2.0, he re-
quested a minimum rate of $20.00 per month instead of $80.00. In Section 3.0,
change the (1) year for taking water to (2) years due to the fact that a water treat-
ment plant will have to be constructed. In Section 5.0, note the exceptions already
granted by the Council.
Mr. Terry explained that FHA is made trustee of a private water corporation, and
will take over the treatment plant if the corporation fails to perform for some
reason.
Alderman Wills observed that it is not in the interest of the citizens of
Wichita Falls to increase the amount paid for that easement originally obtained. He
stated that he feels that had the original request been made for 400 families rather
than 80, we may have condemned. Every time a building is constructed outside the
corporate limits, it is competitive with the City of Wichita Falls. If we provide
water outside the city then we are encouraging development outside the city. He felt
we should live up to the terms of the original agreement, but we should not go beyond
that. The Council previously did not grant enything except a waiver of subdivision
requirements. He stated that he is opposed to our citizens subsidizing the people
outside the city.
Moved by Alderman Lambert that the following changes be made to the proposed
water contract:
a. Section 1.8 - Change the 35,000 gallons to 100,000 gallons per day. Place
a period after "day" and leave out the remainder of the section.
b. Section 2.0 - Change the minimum rate to $20.00 per month for the first
20 units, and after that, $1.00 per house.
c. Section 3.0 - In the third line, change the wording from one (1) year
to two (2) years.
Motion seconded by Alderman Drake, and carried by the following vote:
Ayes : Aldermen Taylor, Lambert, Darner, and Drake
Nays : Mayor Hill and Alderman Wills
Moved by Alderman Wills that Section 5.1 be amended in the seventh line to read
"reduced at the discretion of the City of Wichita Falls."
Motion seconded by Alderman Darner, and carried unanimously.
i
RESOLUTION NO. 1159
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
The City Manager is hereby authorized to execute, for the City of Wichita Falls,
that certain water purchase contract, as now modified, with Arrowhead Ranch Estates
Corporation.
Moved by Alderman Lambert that Resolution No. 1159 be passed, authorizing the
City Manager to execute a water purchase contract with Arrowhead Ranch Estates Corp-
oration as now modified.
Motion seconded by Alderman Drake, and carried by the following vote :
Ayes : Aldermen Taylor, Lambert, Darner, and Drake
Nays : Alderman Wills
Alderman Darner mentioned a petition concerning the area around Crockett School.
v
354
City Manager Gerald Fox read the petition which had been previously presented request-
ing the City to shorten the median in construction near the school, and also regarding
cross walks and guards. It was requested that Mr. Lillard and Mr. Whitnell bring
some information to the Council at the next meeting.
Mr. 0. R. Clark presented a petition opposing the project on the Jacksboro
Highway. 10
Moved by Alderman Lambert that the meeting be adjourned.
Motion seconded by Alderman Wills, and carried unanimously.
The Board of Aldermen adjourned at 12:20 P.M. /
PASSED AND APPROVED this day ofJ ,e2/ , 1971.
Mayor
ATTEST:
City Clerk