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Min 03/02/1971 1 3`i5 i Wichita Falls, Texas Memorial Auditorium Building March 2, 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 X Aldermen Dick Darner X J. C. Boyd, Jr. Bill Drake Gerald Fox City Manager H. P. Hodge, .Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Boyd. Item 3 Moved by Alderman Taylor that minutes of the meeting held February 16, 1971, be approved. Motion seconded by Alderman Wills, and carried unanimously. � Item 4 k Bids were opened on General Obligation Bonds by Frank Medanich of the First Southwest Company, the City's financial advisor. Seven bids were submitted, with the following effective rates : a. Merrill Lynch, Pierce, Fenner and Smith, Inc. , and Associates 4.56225% b. Northern Trust Company and Associates 4.65187 C. First National Bank in Dallas and Associates 4.58841 d. Continental Illinois National Bank and Trust Company of Chicago and United California Bank 4.77759 e. John Nuveen and Company, Inc. , and Associates 4.58875 f. First Southwest Company, and Associates 4.49960 g. Republic National Bank of Dallas and Associates 4.6214 Mr. Medanich and Joe Watts, Director of Finance, retired to tabulate the bids. f ' Item 5 A proposed appropriation ordinance was presented for a CATV study, in the amount of $16,000. "J ✓ ORDINANCE NO. 2642 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-091-4590, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2642 be passed. Motion seconded by Alderman Drake, and carried by the following vote : Ayes : Aldermen Twills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6a A proposed ordinance was presented establishing Airport rules and regulations. 356 Item ba L cont'd. The City Manager explained what had been done in this study, and recommended that these rules and regulations be adopted. He stated that they have also been approved by the Sheppard Air Force Base commander. ORDINANCE NO. 2643 AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE MUNICIPAL AIRPORT OF THE CITY OF WICHITA FALLS, TEXAS, PROVIDING A PENALTY AND DECLARING AN EMERGENCY. Moved by Alderman Boyd ,_hat Ordinance No. 2643 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen ?dills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None f . Item 5b 1 A proposed ordinance was presented as an addendum to the fire protection code. Paul Yeager, Director of Public Safety, explained that the Aviation Advisory Board has recommended that it be adopted. ORDINANCE NO. 2644 AN ORDINANCE AMENDING SECTION 15-15 OF THE CODE OF ORDINANCES, ADOPTING NFPA NO. 407 KNOWN AS "AIRCRAFT FUEL SERVICING 1970". Moved by Alderman Taylor that Ordinance No. 2644 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 7a A proposed resolution was presented authorizing proposals to property owners on the railroad relocation project. RESOLUTION NO. 1160 WHEREAS, it is necessa--y to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the City of Wichita Falls, and the amount of 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 : F.W.D.R.R. Relocation Pro ect 52--087 Pro pert (Warranty Deed) 0.26 Acre out of Lot 8, Blocks 4 an_1 5 , of the Stehlik and Baber Sub-Div. League 1, Denton County School Lands, Wichita County. 0.06 Acre out of Lot 11, Blocks 4 and 5, of the Stehlik and Baber Sub-Div. League 1, Denton County School Lands, Wichita County. 0.56 Acre out of Lot 11, Blocks 4 and 5, of the Stehlik and Baber Sub-Div. League 1, Denton County School Lands, Wichita County. 1 357 Item 7a cont'd 0.23 Acre out of Lot 12, Blocks 4 and 5, of the Stehlik and Bater Sub-Div. League 1, Denton County School Lands, Wichita County. 0.44 Acre out of Lot 13, Blocks 4 and 5, of the Stehlik and Baber Sub-Div. League 1, Denton County School Lands, Wichita County. 0.05 Acre out of Lot 15, Blocks 4 and 5, of the Stehlik and Baber Sub-Div. League 1, Denton County School Lands, Wichita County. Combined total of values approved in this resolution ------- $ 152015.00 Moved by Alderman Wills that Resolution No. 1160 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 7b _ A proposed resolution was presented authorizing the sale of property to Texas Highway Department for Kell Freeway, and also granting permission to the City Manager to sell the remainder of Parcel 176 by competitive bids. RESOLUTION NO. 1161 WHEREAS, the City of Wichita Falls and the Texas Highway Department are cooperat- ing in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, 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 and utility adjustments for this project; and, WHEREAS, the whole of the parcels hereinafter described were acquired and paid for, at the appraised value of $110,250.00 by the City of Wichita Falls during the hardship phase of right-of-way acquisition. WHEREAS, the Texas Highway Department has approved a value of $109,200.00 for the portions of the parcels that are required for right-of-way for the Kell Freeway Project. WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the approved values of those portions of these parcels required for right-of-way for the Kell Freeway project 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 City Manager, acting for and in behalf of the City of Wichita Falls, is here- by authorized and directed to execute deeds conveying unto the State of Texas these portions required for right-of-way for the Kell Project of the following tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 176, 231, 273 and 591, all of 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 deeds shall be the sum of fifty percent (50%) reimburse- ment of the value of One Hundred Nine Thousand Two Hundred ($109,200.00) Dollars for the said property under the terms of the above mentioned contract. Such deeds 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 purpose of exploring, developing, mining, or drilling for same; 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. The City Manager is further authorized to sell, through competitive bidding of parcel 176. 358 Item 7b, cont'd. Moved by Alderman Wills that Resolution No. 1161 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 7c A proposed resolution was presented authorizing proposals to property owners on Kell Freeway. RESOLUTION NO. 1162 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 - Pr, ' ct 52-071 Property (Warranty Deed) 548.5 sq. ft. of Lot 5, Block 9, John W. Thomas Sub. Division 4268 sq. ft. of Lot 10, Block 16, I. Jalonick Addition All of Lots 10, 11, 12, 13, 14, 15, 16, 17, & 18, Block 10, West Side Addition to Highland Addition 0.0473 of one acre of land out of Abstract 281, Vol. 955, Page 560, Wichita County Deed Records. Combined total of values approved in this resolution ------------- $38,250.00 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 Darner that Resolution No. 1162 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None i 359 (Item 3a Permission was requested to advertise for bids on an estimated annual supply of `f the following chemicals for the Health Department. a. 500 - 1,500 gallons Malathion Concentrate 95% b. 100 - 250 gallons Malathion 57% Emulsifiable Liquid c. 50,000 - 100,000 pounds Malathion 5 Dust d. 24 - 40 gallons Abate 4E e. 500 - 1,000 pounds Sevin 5 Dust Moved by Alderman Boyd that authority be granted to advertise for bids as re- quested. Motion seconded by Alderman Wills, and carried unanimously. - -- - - - - - - - 9- Item 8b Permission was requested to advertise for bids for one low center of gravity tractor for the golf course. b ; Moved by Alderman Wills that authority be granted to advertise for bids as re- quested. Motion seconded by Alderman Taylor, and carried unanimously. Item 8c Permission was requested to advertise for bids on two 76" Triplex Mowers for the Parks Department. Moved by Alderman Darner that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. r Item 8d Permission was requested to sell two pieces of excess property at Avenue K and Arthur Street. This property was purchased for the Old Seymour Road project, and due to the location of the houses on these lots, it was necessary to purchase the entire lots, although they were not all needed for the right-of-way. As a result, several small pieces of the lots are excess property. They have been replatted into two usable lots. It was recommended by the City Manager that they be sold, setting a minimum bid of $5000.00 on the repl.at of Lots 2 and 3, Block 21, Westside Addition to Floral Heights, and a $4000.00 minimum bid on the replat of Lots 1 , 2 and 3, Block 21, Westside Addition to Floral Heights. Moved by Alderman Wills that authority be granted to advertise for bids , as re- commended. Motion seconded by Alderman Taylor, and carried una-iimously. Item 9 Moved by Alderman Taylor that minutes of the meetings of the following boards be received. y ( a. Planning Board - February 10, 1971 b. Park Board - February 23, 1971 C. Aviation Board - Janta ry 29 and February 24, 1971. Motion seconded by Alderman Boyd, and carried unanimously. Item 10b Permission was requested by the Wichita Falls Boat Club to install a ski slalom course on Lake Wichita. r 360 Item10b, cont'd. Moved by Alderman Darner that permission be granted to the Wichita Falls Boat Club to construct a :ski slalom. Motion seconded by Alderman Wills, and carried unanimously. Item 10c Moved by Alderman Lambert that water reimbursement contract payments be approved in the amount of $5,766.46, and sewer reimbursement contract payments in the amount of $754.91, as follows. Eden Hills Development Company, Water, East Eden Hills , Sections A and A-1, Exhibit A from January 13, 1970 to January 13, 1971; $1,757.28 Skyline Developers, Inc. , Water, Fountain Park, Section 1-A from January 1970 to January 1971; $1,992.01 Skyline Developers, Water, Fountain Park, Section 1-D from January 1, 1970 to January 1, 1971; $2,017.17 Skyline Developers, Sewer, Fountain Park, Section 1-D from January 3, 1970 to January 3, 1971; $382.22 Eden Hills Development Company, Sewer, Fast Eden Hills, Sections A and A-1, Exhibit A from January 13, 1970 to January 13, 1971; $372.69 Motion seconded by Alderman Drake, and carried unanimously. 1 Alderman Wills stated that he felt the Council should o on record in con- gratulating all those law enforcement officers on their fine job in the recent drug raid. Alderman Boyd also complimented the Midwestern choir on their recent invi- tation to go to Europe. 4\� l Item 10a The Mayor called on Mr. Medanich for a report on the bids for the sale of bonds. He reported that all bids were correct as submitted; that the best proposal was submitted by the First Southwest Company, and the second best by Merrill Lynch. He stated that Mr. Paul Horton, Attorney, had prepared a proposed ordinance in the event the Council desires to award the bid. He further stated that he feels that this is the best bid obtainable in the market at this time. Mr. Horton recommended adoption of the ordinance accepting the low bid. 11 ORDINANCE NO. 2645 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. Moved by Alderman Wills that Ordinance No. 2645 be passed, accepting the bid of the First Southwest Company with an effective interest ra_e of 4.49960. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen 'dills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Drake, and carried unanimously. The Board of Aldermen adjourned at 10:55 A.M. PASSED AND APPROVED this /V W�day of /�'<c �_G�z/ 1971. ATTEST: Mayor City C� '