Loading...
Min 10/19/1971 462 Wichita Falls, Texas Memorial Auditorium Building October 19, 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 Harry Campsey Harrison E. Taylor X Larry Lambert X Aldermen Dick Darner X J. C. Boyd, Jr. Jerry Dunn Asst. City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Lambert. Jerry Dunn, Assistant City Manager, acted in the place of the City Manager, who was away on business. Item 3 I Minutes of the previous regular and special meetings were not ready for approval. Item 4 The public hearing was opened on the Old Jacksboro Highway. Dale Rice appeared as owner of Rice Auto Parts, located at 3601 Jacksboro Highway. He stated that he rents this property from Mrs. Turbeyville, whom he thought would be present to protest. Since head-in parking has been discontinued, and parallel parking forced, it has devalued his business. He requested the use of a certain 58 feet off the alley for parking. He believes the assessment will not benefit the property owner due to less parking in front of the business. Ernest Lillard stated that the City owns this 58 feet, and that they have no imme- diate use for it. It was suggested that Mr. Rice negotiate with Mr. Lillard for the use of this property for parking. Donald R. Yokely, 1426 Christine, stated that his property is irregularly shaped, and the longest part of this lot is on the Jacksboro Highway. He would like the assessment to be a lesser rate due to the shape of the lot. Ernest Lillard explained that they are only assessing for the curb and gutter, and this is always charged at the front foot rate. Mr. Yokely also objected to the sand- stone on his lot due to it not being suitable for growing grass. Mr. Lillard explained that he would see that he got some top soil for this area. Mr. Yokely stated that he would not mind paying for 85 feet. He also explained that he had a sewer line on that side of his property, for which there is no easement. Moved by Alderman Lambert that Mr. Yokely's property be held in obeyance from final action at this time for further study. Motion seconded by Alderman Taylor, and carried unanimously. Jerry Rodaway appeared representing Spomer Advertising Company. He stated that they were assessed for 120 feet, but only have 74 feet. Ernest Lillard stated that he would check into it, and that he would not be charged for more than he has. Mr. Rodaway did not protest the assessment for what he owns. The public hearing was closed. 463 Item 4, Cont'd. ORDINANCE NO. 2677 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LOOP 473 (OLD JACKSBORO HIGHWAY) FROM THE SOUTH PROP- ERTY LINE OF THIRTIETH STREET TO THE NORTH PROPERTY LINE OF CHRISTINE STREET IN THE CITY OF WICHITA FALLS, TEXAS , FIXING CHARGES AND LIENS AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION ON 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 ASSESSMENT 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 EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLAR- ING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2677 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays : None Item 5a A proposed ordinance was presented closing a portion of 28th Street at its intersection with Travis Street and Old Jacksboro Highway. ORDINANCE NO. 2678 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF TWENTY-EIGHTH STREET AT ITS INTERSECTION WITH TRAVIS STREET AND OLD JACKSBORO HIGHWAY AND DECLAR- ING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2678 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays : None Item 5b A proposed ordinance was presented establishing no parking on Indiana be- tween 13th and East Scott. ORDINANCE NO. 2679 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 291-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS , AND DECLAR- ING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2679 be passed. Motion seconded by Alderman Lambert, and carried by the following vote : Ayes: Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays : NoAe Item 6a A proposed resolution was presented approving appraisals on 23 cabins at Lake Kemp, and authorizing purchases or condemnation. 464 Item 6a, Cont'd. RESOLUTION NO. 1234 WHEREAS, in order to carry out and complete the reconstruction of the dam and spillway at Lake Kemp, it is found to be necessary to remove the structures located on the leased tracts hereinafter set out; in order to accomplish this, the City and Wichita County Water Improvement District No. 2 must either arrange with the owners thereof to move such structures or to raise them to an elevation required by Corps of Engineers criteria, or to purchase such structures; and, WHEREAS, such structures have been appraised by an independent appraiser, and these appraisals and the accompanying schedule prepared by the appraiser have been studied by the Board of Aldermen, and copies of same are now in the possession of the Director of Water Development and/or the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. The structures in question are located in Baylor County, Texas on W. T. Waggoner Estate leases Nos. 10207, 11102, 10044, 10205, 10972, 10980, 10807, 10016, 10185, 10754, 10758, 11126, 10054, 10681, 10015, 10157 10161, 10654, 11154, 10169, 11273, 11041 and 10203. SECTION 2. The appraisals and recommendations contained in the appraiser's schedule are hereby approved, and, if the City Manager is unable to agree with the owners thereof that such structures may be moved or raised at City and Water District expense, then the City Manager is authorized to purchase such structures with the Water District. The authorized price to be paid for the structures on each tract is the figure in the column which totals $38,600.00. The City shall pay 66.11% of the purchase price, and the Water District shall pay 33.89% thereof. SECTION 3. In the event the City Manager is unable to move, raise or purchase the structure on any such tract or tracts for the approved amount, he is hereby authorized and directed to join with the Water District in causing to be instituted condemnation proceedings to obtain such structures in the name of the City and the Water District. I Moved by Alderman Boyd that Resolution No. 1234 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays : None Item 6b P A proposed resolution was presented authorizing appointment of appraisers and negotiators, and approving the mechanics of purchasing cabins at Lake Kemp. RESOLUTION NO. 1235 WHEREAS, in order to carry out and complete the reconstruction of the dam and spillway at Lake Kemp, it is necessary for the City of Wichita Falls and Wichita County Water Improvement District No. 2 to cause every structure located below elevation 1159 feet either to be removed or to be raised to that elevation; and, WHEREAS, in the event the City and Water District are unable to agree with the owner thereof to move or raise any such structure, it will be necessary to purchase such structure, either by negotiation or condemnation; and, WHEREAS, in order to purchase or condemn such structures it is necessary that they first be appraised, and L. D. (Jack) Jones, Jr. , a qualified appraiser in Seymour, Texas, has made a proposal to appraise the properties, and to appear be- fore special commissioners and at trials as an expert witness. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The proposal of L. D. (Jack) Jones, Jr. as set out in his letter dated September 4, 1971, a copy of which is attached hereto and incorporated herein, 465 Item 6b, Cont'd. is hereby approved, and the City Manager is authorized to employ Mr. Jones for this work on the basis of such proposal. SECTION 2. In order to expedite the purchase of such properties, the follow- ing procedures shall be used. A special bank account shall be opened by the City and the Water District, and money to be used for the purchase of such properties shall be deposited in such account, in the ratio of 66.11% by the City, and 33.89% by the Water District. Checks for the purchase of such properties may be drawn on this account by L. D. Jones, Jr. when countersigned by John Ruhmann for the City and Fred Parkey for the Water District. Moved by Alderman Campsey that Resolution No. 1235 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd. Nays : None J Item 6c A proposed resolution was presented authorizing the City Manager to execute a utility adjustment agreement with Continental Pipe Line Company on the rail- road relocation project. RESOLUTION NO. 1236 WHEREAS, the City of Wichita Falls and the Texas State Highway Department are co-operating in the construction of the F.W.D.R.R. Relocation Project 52-087 under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart- ment entered into a contractual agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the F.W.D.R.R. Relocation Project; and, WHEREAS, the said proposed F.W.D.R.R. Relocation, Project 52-087 crosses the pipe lines owned by Continental Pipe Line Company; and, WHEREAS, adjustments will have to be made to the pipe lines to allow the construction of the proposed F.W.D.R.R. Relocation Project; and, WHEREAS, the Continental Pipe Line Company has a prior easement for the pipe lines; and, WHEREAS, the Continental Pipe Line Company has proposed an agreement in which the City of Wichita Falls would reimburse Continental Pipe Line Company the sum of Five Thousand Three Hundred Seventeen and 72/100 ($5,317.72) Dollars for the cost of the adjustments to the pipe lines; and, WHEREAS, the Texas State Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the actual cost of this utility adjust- ment as soon as the State approves the final billing as prepared by Continental Line Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The certain letter of agreement between the City of Wichita Falls, and the Continental Pipe Line Company for the adjustment of the pipe lines is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 1236 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays: None 466 r Item 6d A proposed resolution was presented authorizing the City Manager to execute a utility adjustment agreement with Texas Pipe Line Company on the railroad reloca- tion project. r RESOLUTION NO. 1237 WHEREAS, the City of Wichita Falls and the Texas State Highway Department are co-operating in the construction of F.W.D.R.R. Relocation, Project 52-087, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart- ment entered into a contractual agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the F.W.D.R.R. Relocation Project; and, WHEREAS, the said proposed F.W.D.R.R. Relocation, Pruject 52-087 crosses the Pipe Lines owned by the Texas Pipe Lines owned by the Texas Pipe Line Company; and, WHEREAS, adjustments will have to be made to the transmission line to allow the construction of the proposed F.W.D.R.R. Relocation Project; and, WHEREAS, the Texas Pipe Line Company has a prior easement for the transmission line; and, WHEREAS, the Texas Pipe Line- Company has proposed an agreement in which the City of Wichita Falls would reimburse Texas Pipe Line Company for the actual cost of the adjustments to the Pipe lines; and, WHEREAS, the Texas State Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the actual cost of this utility adjustment as soon as the State approves the final billing as prepared by Texas Pipe Line Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: i The certain letter of agreement between the City of Wichita Falls , and the Texas Pipe Line Company for the adjustment of the trarrimission line is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1237 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd Nays : None Item 7a Permission was requested to advertise for bids for sewer extensions to Allis Chalmers property on Central Freeway. Water facilities can be extended by city crews at an estimated cost of $4,500.00. This would include our own preparation of plans. The estimated cost of extending the sewer would be approximately $34,000.00, which would include a lift station large enough to take care of other development. It was recommended by Joe Smith, Director of Public Utilities, that Biggs and Mathews prepare the plans and specifications for the sewer extension at a fee of eight per- cent of the total sewer cost. They have already done considerable ground work with BCI on this project. Moved by Alderman Lambert that the request for bid advertisement be approved. Motion seconded by Alderman Taylor, and carried unanimously. Item 8 JMoved by Alderman Lambert that minutes of the meetings of the following boards l be received. i 467 Item 8c, Cont'd. ' a. Planning Board - September 8, 1971 b. Plumbing Advisory Board - October 6, 1971 C. Board of Electrical Examiners - October 12, 1971 Motion seconded by Alderman Campsey, and carried unanimously. . f i Alderman Boyd read a letter to the editor from Charles King regarding signs pertaining to safety of children in Morningside Addition. He invited Mr. King to tell the Council what the circumstances were that caused him to write this letter. r Charles King, 3324 Valley View Road, stated that this is an enclosed area and park area where there is an excessive number of children for this area. He stated that he had talked to Colonel Yeager, and that he had promised to look into it. Mr. King later called the Traffic Department upon Colonel Yeager's suggestion. He stated that he was told that they did not have any signs like that. He asked if the citizens could put up a sign, and was told that they could talk to the Traffic Commission about it. Mr. King stated that he felt he had received promises and a brush off, and that was the reason for his letter. Assistant City Manager Jerry Dunn explained that he did not know if we had any such signs, but they could probably be acquired if the Council desired to do so. Expense is the problem and this type of signs are needed all over town. Mayor Hill stated that he had talked with Mr. Lillard, and up to this time it has not been the policy of the Traffic Department to do this. He stated that he knew of no one who did not want to save the life of a child. Alderman Lambert stated that if we have a particular problem or hazard that needs to be resolved, then it should be taken care of. He suggested that this request should be made first to the Traffic Commission for their approval. Colonel Yeager explained that Mr. King approached him, and that he talked with the Director of Traffic, and later suggested that Mr. King call the Traffic Depart- ment since traffic signs were not within his jurisdiction. He did perform selective law enforcement during the time he felt that speeders would be in the area. Moved by Alderman Lambert that the request of Mr. King be referred to the Traffic Commission for action. Motion seconded by Alderman Taylor, and carried unanimously. / r - Mr. Rice stated that Mrs. Turbeyville is here now, and although the public hearing has been closed, she would like to appear if possible. The Mayor stated that they would hear her. Mrs. Turbeyville appeared as the owner of property at 3601 Jacksboro Highway. She stated that by taking away the head-in parking, she feels it has taken away the value of her property more than it has increased it. Unless they can make some arrangement for parking, then it will hurt her business. Mayor Hill explained that they had discussed with Mr. Rice a possible solution to this problem. She also wondered if her assessment could be reduced because she does not have the money now. Mr. Lillard explained that there would be an 8-foot parking lane adja- cent to a driving lane. This would allow room to get out of their cars. He also pointed out that this money will not be due until after the project is completed. She will be billed at that time. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 11 :20 A.M. PASSED AND APPROVED this aX day of �7,ce�.,`� _, 1971. ATTEST: Mayor City Clerk Tk. 888=3115 OFFICE '• REAL ESTATE APPRAISER TEL. 898.2584 HOME AND COUNSELOR � n W y ' APPrI G.I iIR' L. D. (JACK) JONES, JR., A. S. A. SENIOR MEMBER AMERICAN SOCIETY OF APPRAISERS DRAWER 391 SEYMOUR, TEXAS 76380 Sept. 4, 1971 City of Wichita Falls , Texas Wichita. County Water Improvement Dist. #2 c/o Mr. H . P . Hodge and Mr. Fred Parkey Municipal Auditorium Wichita Falls , Texas Re : Appraisal and negotiation of Lake Kemp Leasehold properties Gentlemen : Confirming my verbal proposals at our meeting on Sept. 2 , I agree to work on the above matter on the following terms . 1 . I will appraise all properties involved in the. engagement for a fee of $100 . 00 per leasehold . This includes preparation , delivery and approval of a written appraisal report on each case . 2. After deliver of the report and approval of the market value set forth therein , I agree to negotiate in good faith for the .aquisition of the property for you at or below the value agreed upon . Tree proposed fee for this negotiation service is $100. 00 per leasehold . 3. In case negotiations fail and it is necessary to acquire certain of the leaseholds by condemnation , I further propose to review, refine and update the appraisals in those cases , appear at commissioner ' s hearings and at trials as appraiser and expert witness for a fee of $50 . 00 per leasehold . It has been a pleasure to work with you gentlemen thus far on this matter and I trust that my work has been satisfactory. Yours very )trul , L . D. Janes , J��