Min 03/07/1972 527
Wichita Falls , Texas
Memorial Auditorium Building
March 7, 1972
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 X
Harrison E. Taylor
Larry Lambert Aldermen
Dick Darner
J. C. Boyd, Jr.
Bill Drake
Gerald G. Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Darner.
Item 3
Moved by Alderman Lambert that minutes of the meeting held February 15, 1972,
be approved.
Motion seconded by Alderman Drake, and carried unanimously.
Item 4a
' k
A proposed ordinance was presented determining the necessity for the 1972
Assessment Paving Program.
r ORDINANCE NO. 2690
AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN
THE CITY OF WICHITA FALLS , TEXAS, DESIGNATED AS 1972 ASSESSMENT PAVING
PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY
ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS , AND PROVIDING SUNDRY
OTHER MATTERS INCIDENT THERETO.
Moved by Alderman Boyd that Ordinance No. 2690 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
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Items 4b & c
A proposed ordinance was presented determining the necessity for the 1972
street reconstruction program.
1
ORDINANCE NO. 2691
AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF PORTIONS OF AVENUES , STREETS AND PUBLIC PLACES
IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS A PORTION OF THE 1972
RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS
PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND
PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO.
528
Item 4b & c, Cont'd.
Moved by Alderman Taylor that Ordinance No. 2691 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4d
A proposed ordinance was presented determining the necessity for improvements
on Midwestern Parkway.
ORDINANCE NO. 2692
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF MIDWESTERN PARKWAY ADJACENT TO LOT 14
OF ED MANNING ADDITION TO WOODLAND PARK AND BLOCK 18, WOODLAND PARK ADDITION
IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT APPROPRIA-
TIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY
HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER
TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY CLERK TO FILE A NOTICE
OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY,
TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELAT-
ING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE
FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS,
CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B OF VERNON'S
TEXAS CIVIL STATUTES; 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.
Moved by Alderman Boyd that Ordinance No. 2692 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4e
A proposed ordinance was presented determining the necessity for the improve-
ment of Loop 11.
ORDINANCE NO. 2693
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AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF LOOP 11 FROM U. S. HIGHWAY NO. 82-277 TO
U. S. HIGHWAY 287 IN THE CITY OF WICHITA FALLS , TEXAS; ACKNOWLEDGING THE
FACT THAT APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION
COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING
OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS;
DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY
CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK
OF WICHITA COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PUR-
SUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE
OF THE STATE OF TEXAS , CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE
1105B OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY CLERK TO
ENG:;RLOSS 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.
529
Item 4e, Cont'd.
Moved by Alderman Campsey that Ordinance No. 2693 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
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Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
i sir
Item 4f
A proposed ordinance was presented prohibiting parking on a part of Fort Worth
Street.
ORDINANCE NO. 2694
AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-144 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
DECLARING AN EMERGENCY.
Moved by Alderman Darner that Ordinance No. 2694 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4g
i ✓ A proposed ordinance was presented changing the name of a portion of Avenue L
to Basin Street.
ORDINANCE NO. 2695
AN ORDINANCE CTANGING THE NAME OF THAT PORTION OF AVENUE L FROM
KESSLER AVENUE TO SANTA FE STREET TO BASIN STREET.
Moved by Alderman Boyd that Ordinance No. 2695 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
Item 5a
A proposed resolution was presented authorizing the transfer of property in
the City's name to the Texas Highway Department for the right-of-way on U.S. 277
` on the new Fort Worth and Denver railroad relocation project.
RESOLUTION NO. 1273
WHEREAS, the City of Wichita Falls and the Texas Highway Department are
cooperating 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, by contract signed January 31, 1968, the City and the Texas Highway
Department agreed that they would share equally in the cost of the right-of-way
for this project; and,
WHEREAS, the parcels hereinafter described were acquired and paid for by
the City of Wichita Falls by purchase or by condemnation of right-of-way acquisi-
tion in the name of the City of Wichita Falls; and,
WHEREAS, the Texas Highway Department will reimburse the City in an amount
equal to fifty percent (50%) of the total cost of acquiring title to these parcels
as soon as deeds thereto from the City to the State of Texas have been delivered
and recorded.
4
530
Item 5a, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The City Manager, acting for an in behalf of the City of Wichita Falls, is
hereby authorized and directed to execute deeds conveying unto the State of Texas
the following tracts or parcels of land situated in Wichita County, Texas, to-wit:
Parcels 2-A, 3-A, 4-A, A, A-1, B, C, D, E, F, G, H, J, K, L, M, N, P, Q and R
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 deed shall be the sum of fifty percent (50%) reimbursement
of the total cost of acquiring title to the said property under the terms of the
above mentioned contract. Such deeds shall reserve all of the oil, gas and
sulphur under the lands , 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 deeds shall contain a general
warranty.
Moved by Alderman Darner that Resolution No. 1273 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5b
A proposed resolution was presented, approving an application for federal
funds for development of Lucy Park. We are requesting 50 percent participation
from HUD.
RESOLUTION NO. 1274
WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the
making of grants by the Secretary of Housing and Urban Development to states and
local public bodies to assist them in the acquisition and development of permanent
interests in land for open-space uses where such assistance is needed for carrying
out a unified or officially coordinated program for the provision and development
of open-space land as part of the comprehensively planned development of the urban
area; and,
WHEREAS, the City of Wichita Falls, Texas, herein sometimes referred to as
"Applicant", desires to acquire and develop the fee simple title to certain land
in Wichita Falls, Wichita County, Texas, described in Exhibit A attached hereto,
which land is to be held and used for permanent open-space land for parks and
recreation; and,
WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of
the Department of Housing and Urban Development effectuating that title, provide
that no person shall be discriminated against because of race, color, or national
origin in the use of the land acquired and/or developed; and,
WHEREAS, it is recognized that the contract for federal grant will impose
certain obligations and responsibilities upon the Applicant and will require
among other things (1) assurances that families and individuals displaced as a
result of the open-space land project are offered decent, safe and sanitary housing,
(2) compliance with federal labor standards, and (3) compliance with federal
requirements relating to equal employment opportunities; and,
WHEREAS, it is estimated that the cost of acquiring said interests will be
$18,500.00 and,
WHEREAS, it is estimated that the cost of development of said land will be
$106,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
SECTION 1. That an application be made to the Department of Housing and
Urban Development for a grant in an amount authorized by Title VII of the Housing
Act of 1961, as amended, which amount is presently estimated to be $62,500.00,
531
Item 5b, Cont'd.
and that the Applicant will pay the balance of the costs from other funds available
to it.
SECTION 2. That the City Manager is hereby authorized and directed to execute
and to file such application with the Department of Housing and Urban Development,
to provide additional information and to furnish such documents as may be required
by said Department, to execute such contracts as are required by said Department,
and to act as the authorized correspondent of the Applicant.
SECTION 3. That the proposed acquisition and development is in accordance
with plans for all the allocation of land for open-space uses , and that, should
said grant be made, the Applicant will acquire, develop, and retain said applica-
tion and approved by the Department of Housing and Urban Development.
SECTION 4. That the United States of America and the Secretary of Housing
and Urban Development be, and they hereby are, assured of full compliance by
the Applicant with regulations of the Department of Housing and Urban Development
effectuating Title VI of the Civil Rights Act of 1964.
SECTION 5. That the United States of America and the Secretary of Housing
and Urban Development be, and they hereby are, assured of full compliance by the
Applicant with the Federal labor standards imposed under Title VII of the Housing
Act of 1961, as amended.
Moved by Alderman Taylor that Resolution No. 1274 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5c
A proposed resolution was presented adopting a land acquisition policy. This
policy statement is required as part of the application for funds to develop Lucy
Park.
RESOLUTION NO. 1275
LAND ACQUISITION POLICY
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
When the Board of Aldermen of the City of Wichita Falls finds that it is
necessary to acquire real property for a public purpose, the following procedures
shall be used:
SECTION 1. The City shall have the property appraised by a competent, qualified
appraiser.
SECTION 2. The Board of Aldermen shall set a price which it is willing to pay
for the land, and the City staff shall make every reasonable effort to negotiate
a purchase of such property for that price.
SECTION 3. If the City is unable to purchase such property by negotiation
with the owners , the City Attorney's office shall institute eminent domain proceed-
ings to acquire the property.
SECTION 4. The City shall not require the owner or any person claiming under
him to surrender possession of the property until the City pays the owner the
negotiated purchase price, or, in case of eminent domain, until the City has deposited
the amount of the Special Commissioners' Award with the Court Clerk.
SECTION 5. When the owner of such land is actually and physically displaced
and permanently moves from his dwelling or place of business, the City shall pay
to the owner the reasonable moving expenses for personal property other than
machinery, equipment or fixtures, not to exceed $500.00, when personal property
532
Item 5c, Cont'd.
is moved from a place of residence, and not to exceed $5,000.00 when personal
property is moved from a place of business, but the maximum distance of movement
to be considered shall be 50 miles. In no event shall such expenses exceed the
market value of such personal property; provided, however, that the provisions
of this section shall not apply in any condemnation proceeding whether before
Special Commissioners or the Court where the owner is entitled to reimbursement
for moving expenses under other existing law than Section 7 of the Article 3265
of the Revised Civil Statutes of Texas.
Moved by Alderman Drake that Resolution No. 1275 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5d
A proposed resolution was presented appointing election officers for certain
city boxes in the municipal election to be held April 4, 1972.
RESOLUTION NO. 1276
WHEREAS, on February 15 , 1972, by Resolution No. 1266, the Board of Aldermen
of the City of Wichita Falls called the regular Municipal Election to be held on
April 4, 1972; and,
WHEREAS, the Judges for City Boxes, Nos. 2 and 15, have not been appointed;
and,
WHEREAS, Mrs. F. E. Boyd, who was appointed Alternate Judge for City Box No.
19, will be unable to serve.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
At said election, the following persons are appointed to serve within the
precincts as shown, to-wit:
COUNTY CITY
PRECINCT BOX
NUMBER VOTING PLACE JUDGE NUMBER
2 Travis School Mrs. Flip Hoskins 2
303 Third Street Mrs. Maggie Satterwhite,
Alternate
41 Huey School Mrs. H. S. Denney 15
1513 North 6th Street Mrs. A. J. Grimes,
Alternate
21 & 53 Harrell School Mrs. George Wyatt 19
3115 Fifth Street Mrs. V. M. Tillerson,
Alternate
Moved by Alderman Boyd that Resolution No. 1276 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5e
A proposed resolution was presented setting the ballot title for the refer-
endum election on CATV.
533
Item 5e, Cont'd.
RESOLUTION NO. 1277
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS,
THAT:
In the referendum election on Ordinance No. 2682, providing for a CATV system,
there shall appear upon the official ballot the following ballot title which has
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been prepared by the committee of the petitioners, to-wit:
"For Ordinance No. 2682 allowing CATV (Community Antenna Television) in
the City of Wichita Falls."
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" Against Ordinance No. 2682 allowing CATV (Community Antenna Television)
in the City of Wichita Falls."
Moved by Alderman Lambert that Resolution No. 1277 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5f
A proposed resolution was presented approving settlement of concrete pipe
antitrust suit. The City Manager explained that this was a price-fixing suit, and
that the City would receive $10,029.00, less attorney's fees.
RESOLUTION NO. 1278
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS :
SECTION 1. That the settlement of the suit filed on behalf of the City in the
District Court of the Northern District of Texas , Dallas Division, agaixE United
Concrete Pipe Corporation, Gifford-Hill-American, Inc. et al, No. CA-3-2359, Civil,
as set forth in the settlement agreement dated February 9, 1972, entered into on
behalf of the said plaintiff by its attorneys, McGinnis , Lochridge & Kilgore,
whereby the City shall receive $10,029, is hereby authorized, approved and ratified.
SECTION 2. That City Manager Gerald G. Fox be and he is hereby authorized
to execute and deliver Full and Final Release approved by special counsel,
McGinnis, Lochridge & Kilgore and to cause the suit to be dismissed with prejudice,
each party to bear its own costs and attorneys fees. Any such release previously
signed by him is hereby ratified.
1 Moved by Alderman Darner that Resolution No. 1278 be passed.
I.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5g
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A proposed resolution was presented approving extension of the Naval Reserve
Training Center lease.
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RESOLUTION NO. 1279
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the United
States of America and the City of Wichita Falls, and being the Fifth Modification
of Lease NOy(R)-40902, which gives the United States the option to renew the
lease, of the property on which the Naval Reserve Training Center is situated,from
year to year until June 30 , 1993, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
it
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534
Item 5g, Cont'd.
Moved by Alderman Drake that Resolution No. 1279 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5h
J
A proposed resolution was presented calling for a water and sewer revenue
bond election. The City Manager gave the history of the waste water treatment
plant expansion. He also explained the needs for these improvements. He ex-
plained that the City is eligible for a 55 percent federal grant, with 45 percent
local funds being needed to carry out the %.8 million project.
RESOLUTION NO. 1280
RESOLUTION CALLING A BOND ELECTION
THE STATE OF TEXAS
COUNTY OF WICHITA
CITY OF WICHITA FALLS
WHEREAS, it is deemed necessary and advisable to call the election hereinafter
ordered.
THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS :
1. That an election shall be held on April 4, 1972, in said City in the
several regular election precincts of said City, at the several regular polling
places , and with the Presiding Judges and Alternate Presiding Judges, as set forth
in "Exhibit A", which is attached hereto and made a part of this Resolution for
all purposes.
2. That each Presiding Judge shall appoint not less than two nor more than
four qualified election clerks to serve and assist in conducting said election;
provided that in each instance where the Presiding Judge actually serves as ex-
pected, the Alternate Presiding Judge shall be one of such clerks.
3. That by approving and signing this Resolution the Mayor of said City
officially confirms his appointment of said election officers to serve at said
election; and by adopting this Resolution the governing body of said City approves
and concurs in the appointment of said election officers.
4. That all resident, qualified electors of said City shall be entitled
to vote at said election.
5. That notice of said election shall be given by posting a substantial copy
of this Resolution in each of the Election Precincts of said City and also at the
City Hall, not less than 15 days prior to the date set for said election; and, a sub-
stantial copy of this Resolution also shall be published on the same day in each
of two successive weeks in a newspaper of general circulation published in said
City, the date of the first publication to be not less than 14 days prior to the
date set for said election.
6. That at said election the following PROPOSITION shall be submitted in
accordance with law:
PROPOSITION
Shall the Board of Aldermen of the City of Wichita Falls , Texas , be
authorized to issue the bonds of said City, in one or more series or issues,
in the aggregate principal amount of $2,160,000, with the bonds of each such
series or issue, respectively, to mature serially within not to exceed
forty years from their date, and to be sold at such prices and bear inter-
est at such rates as shall be determined within the discretion of the Board
of Aldermen, for the prupose of improving and extending said City's Sewer
535
Item 5h, Cont'd.
System, with said bonds to be secured by and payable from a lien on
and pledge of the Net Revenues of said City's Waterworks and Sewer System?
7. That the official ballots for said election shall be prepared in accord-
ance with the Texas Election Code so as to permit the electors to vote "FOR" or
"AGAINST" the aforesaid PROPOSITION, which shall be set forth in substantially
the following form:
PROPOSITION
FOR )
THE ISSUANCE OF $2,160,000 OF SEWER
SYSTEM REVENUE BONDS
AGAINST )
Moved by Alderman Taylor that Resolution No. 1280 be passed.
Motion seconded by Alderman Campsey.
Alderman Boyd made certain inquiries. The City Manager explained that we
have three permits from the Texas Water Quality Board, and that we have to make
monthly reports to the board regarding the standards required of the permit. It
was eventually found that we could not meet the criteria which they were going to
require. For that reason, some updating in our system was required, and Black
and Veatch were engaged to make a study of otr system. Mr. John Ruhmann, Director
of Water Development, explained that for the most part we are meeting the present
permit criteria. The newest plant meets the criteria better than the old ones.
The new plant will accommodate the flow of all three present plants.
The motion for passage of Ordinance No. 1280 was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6
Bids were considered on 75 tons of organic base fertilizer. The lowest
bidder did not meet specifications, and it was recommended that the lowest accept-
able bid be awarded to T & C Equipment and Supply, Hurst, Texas, in the amount
of $4,700.33.
Moved by Alderman Boyd that the low acceptable bid be accepted.
Motion seconded by Alderman Campsey, and carried unanimously.
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Item 7a
Permission was requested to advertise for bids on traffic control equipment
for the intersection of Old Jacksboro Highway and Midwestern Parkway.
Moved by Alderman Darner that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 7b
Permission was requested to advertise for bids on hot mix surface course
for 1972 Reconstruction and Brook Street TOPICS programs.
Moved by Alderman Darner that authority be ;ranted to advertise for bids as
requested.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 8
Moved by Alderman Lambert that minutes of the meetings of the following boards
i
536
Item 8, Cont'd.
and commissions be received.
a. Traffic Commission - February 8, 1972
b. Park Board - February 22, 1972
C. Planning Board - February 9, 1972
d. Plumbing Advisory Board - March 1, 1972.
Motion seconded by Alderman Drake, and carried unanimously.
j Item 9a
Moved by Alderman Lambert that water reimbursement contract payments in
the amount of $1,187.96, be approved for a total amount of $4,652.00, as follows.
T. C. Foley, Water, Brentwood Estates, Exhibit A, from January 9,
1970 to January 9, 1971; $115.11
Skyline Developers, Water, Fountain Park, Section 1-D, from January 1,
1971 to January 1, 1972; $3,348.93
T. C. Foley, Sewer, Brentwood Estates, Exhibit A, from January 9, 1970
to January 9, 1971; $398.66
Skyline Developers, Sewer, Fountain Park, Section 1-D, from January 9,
1971 to January 9, 1972; $789.30
Motion seconded by Alderman Darner, and carried unanimously.
Item 9b
Mayor Hill made the following appointments to the newly created Data Access
Control Board, with expiration terms as indicated. Terms will be two years, with
the exception of the initial appointments.
a. Joe B. McNiel, Chairman - December 31, 1972
b. Mike Fisher - December 31, 1973
C. Barry Powers - December 31, 1972
d. James Prothro - December 31, 1973
e. Mrs. Joan Gowan - December 31, 1973
Larry Lambert will be city council representative.
Moved by Alderman Taylor that the appointments be approved.
Motion seconded by Alderman Boyd, and carried unanimously.
Mayor Hill also appointed John Dibble to the Human Relations Commission, term
to expire December 31, 1972. Mr. Dibble is replacing Dr. Douglas Leffall, who
has resigned.
Moved by Alderman Lambert that the appointment be approved.
Motion seconded by Alderman Drake, and carried unanimously.
Item 9c
Moved by Alderman Taylor that the annual financial report for the fiscal
year 1970-1971 be received.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 10
Consideration was again given to an ordinance increasing electrical utility
rates. This rate increase was recommended by the city manager, based upon the
,. . 5,3 7
Item 10, Cont'd.
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the analysis and review as made. Alderman Darner commended the city staff for the
fine job they have done, stating that he does not believe further delay is warranted,
and that Texas Electric is due an answer. Numerous experts have been conferred
with, and the facts as examined by us indicates that this rate increase is reasonable.
ORDINANCE NO. 2696
AN ORDINANCE APPROVING CERTAIN RATE SCHEDULES FILED BY TEXAS ELECTRIC
SERVICE COMPANY IN THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING CONDITIONS
UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR
WITHDRAWN.
Moved by Alderman Darner the Ordinance No. 2696 be passed.
Motion seconded by Alderman Taylor.
Alderman Boyd inquired if the price commission guidelines might have an effect
on our decision today. The City Manager stated that he did not believe so. Texas
Electric 's request would meet a fair rate of return.
Robert Stuart appeared again, opposing the passage of this ordinance, stating
that he does not feel all the questions have been answered and should be studied
in depth further.
The motion to adopt Ordinance No. 2696 was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Mr. Hotchkiss thanked the Council.
Alderman Boyd commented that he felt they had carried this out as well as they
could, but feels we do not have the time, money, or personnel to cover it as
well as we should. He lauded Mr. Hotchkiss, stating that he knows of no one in
the city who has been more valuable to the city than he, and anything he may have
said in these discussions was not construed against him personally.
Item 11
An appropriation ordinance was presented for sidewalks and improvements to the
area in front of the Memorial Auditorium Building, in the amount of $1,800.00.
ORDINANCE NO. 2697
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT
NUMBER 11-616-5120, AND DECLARING AN EMERGENCY.
Moved by Alderman Boyd that Ordinance No. 2697 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Moved by Alderman Campsey that the meeting be adjourned.
Motion seconded by Alderman Lambert, and carried unanimously.
The Board of Aldermen adjourned at 11 :26 A.M.
PASSED AND APPROVED this day of %/jl u—Cei 1972.
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FIFTH MODIFICATION OF LEASE NOy(R)-40902
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF WICHITA FALLS, TEXAS
THIS FIFTH MODIFICATION of a lease by and between the United
States of America, represented by the Commander, Naval Facilities Engineering
Command, acting under the direction of the Secretary of the Navy, hereinafter
called the Government, and The City of Wichita Falls, Texas, hereinafter
called the Lessor.
WITNESSETH:
WHEREAS, on the 9th day of December 1946, the parties hereto
en-tered into an agreement whereby the Lessor did rent, lease and demise
to the Government certain property; and
WHEREAS, the Government and the Lessor have caused said lease to
be amended by a First, Section, Third and Fourth Modifications thereto; and
WHEREAS, the Government and the Lessor desire to further modify
the said lease for the purpose of extending the term of the lease.
NOW, THEREFORE, in consideration of the foregoing and of the
benefits to the parties hereto, it is mutually agreed that said Lease
NOy(R)-40902, as heretofore modified, be and is hereby amended and ,
further modified in the following particulars, and only in the following
particulars, to wit:
1. That paragraph 5 be and is hereby amended by deleting the
entire paragraph 5 and substituting in lieu thereof the following:
"5. This lease may, at the option of the Government, be
renewed from year to year at a rental of $1.00 per annum and otherwise
upon the terms and conditions herein specified, provided notice be given
in writing to the Lessor at least 30 days before this lease or any renewal
thereof would otherwise expire; provided that no renewal thereof shall
extend the period of occupancy of the premises beyond the 30th day of
June 1993."
Except as modified herein, all terms and conditions of the
aforesaid Lease NOy(R)-40902 shall remain in full force and effect.
L
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed
their names, this the day of 19
ATTEST: THE CITY OF WICHITA FALLS, TEXAS
BY:
Name
Title
ATTEST: THE UNITED STATES OF AMERICA
BY
Contracting Officer
CERTIFICATE
I, , certify that I am the
of the municipal corporation named as
Lessor in the above Fifth Modification of the Lease; that
who signed said Fifth Modification of the lease
on behalf of the Lessor, was then Mayor of Said municipal corporation;
that said Fifth Modification to the Lease was duly signed for and in behalf
of said municipal corporation by authority of its governing body, and is
within the scope of its corporate powers.
NAME
TITLE
(CORPORATE SEAL)
2