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Min 04/18/1972 553 Wichita Falls, Texas Memorial Auditorium Building April 18, 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: J. Winston Wallander Mayor Harry Campsey X Harrison E. Taylor X Larry Lambert X Aldermen Willard Still X J. C. Boyd, Jr. X Mrs. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Still. Item 3 Moved by Alderman Boyd that minutes of the meeting held April 10, 1972, be approved. Motion seconded by Alderman Campsey, and carried unanimously. Mayor Wallander welcomed the Camp Fire Girls, and requested that each girl representing the Mayor and Board of Aldermen, City Manager, Assistant City Manager, City Attorney, and City Clerk, come forward and take their places next to their counterpart. The Mayor then presented the key to the city to Jean Loggie, Camp Fire Girl Mayor for the day. Item 4 A proposed ordinance was presented closing an alley in Block 121 of Westmore- land Park and adjacent properties. ORDINANCE NO. 2706 AN ORDINANCE CLOSING AND ABANDONING A ONE (1) BLOCK LONG ALLEY IN BLOCK 121 OF WESTMORELAND PARK AND ADJACENT PROPERTIES, AND DE- CLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2706 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5a if A proposed resolution was presented establishing the fair market value of I' property to be acquired for the Lucy Park project. RESOLUTION NO. 1292 WHEREAS, the City of Wichita Falls has filed with the Department of Housing and Urban Development an application for a grant for acquisition of some additional I 1 554 Item 5a, Cont'd. land for and development of Lucy Park, which application and project has been assigned number OSL-TX-06-16-1020; and, WHEREAS, in order to carry out this project, the Board of Aldermen of the City of Wichita Falls has found and determined that it is necessary to acquire the fee simple title to the two (2) tracts of land described in Exhibit A, which is attached hereto and incorporated herein, for parks and recreation purposes ; and, WHEREAS, such property has been appraised independently by two competent professional appraisers selected by the City, and their appraisals are in the possession of the Director of Parks and Recreation. The appraisals have been reviewed by a competent staff appraiser, who found the appraisal reports accept- able and properly documented, and he determined for each parcel his opinion of the fair market value thereof. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. It is necessary that the City acquire the fee simple title to the property described in Exhibit A for parks and recreation purposes. SECTION 2. The fair market value of each parcel is hereby established, as follows : Tract No. 1 $15,500.00 Tract No. 2 900.00 SECTION 3. The City Manager is hereby authorized to purchase such tracts of land by warranty deed for the City of Wichita Falls ; the authorized price to be paid for each tract is the fair market value established above. SECTION 4. In the event the City Manageris unable to purchase such tracts of land for such values, he is hereby authorized and directed to cause to be insti- tuted condemnation proceedings to obtain the fee simple title to such tracts of land for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1292 be passed. Motion seconded by Alderman Lambert. The City Manager explained that two additional tracts of land were needed in the development of Lucy Park under the HUD grant for which the City has applied. It is also required by HUD that the City establish a fair market value for each tract. Two appraisals were made and reviewed by the staff, and fair market value was established as set out in the resolution. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5b i� A proposed resolution was presented transferring property to the State of Texas for Kell Freeway project. This property is located on Sibley Street, and formerly owned by Lone Star Gas Company prior to the City's purchase of it. By transferring it to the State, the City will receive 50 percent of the purchase price from the State, less the retention value of improvements located on this property, which were also purchased. RESOLUTION NO. 1293 WHEREAS, heretofore on April 12, 1971, the Board of Aldermen of the City of Wichita Falls adopted Resolution No. 1168 whereby they authorized the purchase of the following described property in the name of the Texas Highway Department for the sum of $128,000, to-wit: 555 Item 5b, Cont'd. Kell Freeway Project 52-071 The South 125 ' of Lots 15, 16, 17, 18, 19, 20, 21 and 22 in Taylor S/D. WHEREAS, thereafter it was learned that there are some valuable improvements on this property which are needed by the City and could be acquired by the City at a very reasonable retention value if the property was purchased first in the name of the City; and, j WHEREAS, such property was purchased in the name of the City from the owner, Lone Star Gas Company, for the sum of $127,794 (being the authorized $128,000 less $206.00 for a tool shed, pipe racks and yard lamps which were retained by Lone jStar Gas Company) , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The purchase of such property in the name of the City is hereby approved, and the City Manager, acting for and in behalf of the City of Wichita Falls, is authorized and directed to execute a deed conveying unto the State of Texas the above described tract of land required for right-of-way for the Kell Freeway Project, retaining title to improvements located on the above described property, The consideration for such deed shall be the sum of 50% reimbursement of the value of $126,689.00 for the said property. Such deed 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 the same; however, the State shall have the right to take and use all of the minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Moved by Alderman Taylor that Resolution No. 1293 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5c A proposed resolution was presented granting a distribution easement and right- of-way to Texas Electric Service Company across city property. This will serve the Allis Chalmers plant. ' RESOLUTION NO. 1294 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain distribution easement and right-of-way, a copy of which is attached hereto, wherein the City of Wichita Falls grants to Texas Electric Service Company an easement for an electric transmission line across a certain .434 acre tract of land out of the Thomas Hardy Survey, Abstract 367, in Wichita County, Texas, is hereby approved, and the City Manager is authorized to execute and de- liver the same for the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1294 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5d Resolutions were presented commending the service of Kenneth Hill, Bill Drake, and Dick Darner. 556 Item 5d, Cont'd. l RESOLUTION NO. 1295 WHEREAS, Kenneth Hill has served the City of Wichita Falls as a member of the Board of Aldermen for a period of four years from April 13, 1964 to April 8, 1968, and has served as Mayor for a period of four years from April 8, 1968 to April 10, 1972; and, WHEREAS during his term of office he has devoted a great deal of time and energy in the serivice of his city and its citizens, and he has served with dis- tinction and great ability, and in a manner that is a credit to himself and to the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: There is hereby expressed to Mr. Kenneth Hill the appreciation of the City of Wichita Falls for his honorable and distinguished services to the citizenship of this city as Mayor and as a member of the Board of Aldermen. BE IT FURTHER RESOLVED that Mr. Kenneth Hill be granted his choice of either a life estate in a lot for a cabin site on the shores of Lake Arrowhead, a life membership at the Municipal Golf Course of Wichita Falls , or a life membership at the Hamilton and Weeks Park Tennis Centers, in appreciation of his services, which choice will be expressed in writing to the Director of Parks and Recreation. BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Hill and that it be recorded in the minutes of this meeting. Moved by Alderwoman McCullough that Resolution No. 1295 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None RESOLUTION NO. 1296 WHEREAS, Bill Drake has served the City of Wichita Falls as a member of the Board of Aldermen for a period of two years from April 13, 1970 to April 10, 1972; and, WHEREAS, during his term of office he has devoted a great deal of time and energy in the service of his city and its citizens, and he has served with dis- tinction and great ability, and in a manner that is a credit to himself and to the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: There is hereby expressed to Mr. Bill Drake the appreciation of the City of Wichita Falls for his honorable and distinguished services to the citizenship of this city as a member of the Board of Aldermen. BE IT FURTHER RESOLVED that Mr. Bill Drake be granted his choice of either a life estate in a lot for a cabin site on the shores of Lake Arrowhead, a life membership at the Municipal Golf Course of Wichita Falls , or a life membership at the Hamilton and Weeks Park Tennis Centers, in appreciation of his services, which choice will be expressed in writing to the Director of Parks and Recreation. BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Drake and that it be recorded in the minutes of this meeting. Moved by Alderwoman McCullough that Resolution No. 1296 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 557 Item 5d, Cont'd. RESOLUTION NO. 1297 WHEREAS, Dick Darner has served the City of Wichita Falls as a member of the Board of Aldermen for a period of four years from April 8, 1968 to April 10, 1972; and, WHEREAS, during his term of office he has devoted a great deal of time and energy in the service of his city and its citizens, and he has served with dis- tinction and great ability, and in a manner that is a credit to himself and to the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: There is hereby expressed to Mr. Dick Darner the appreciation of the City of Wichita Falls for his honorable and distinguished services to the citizenship of this city as a member of the Board of Aldermen. BE IT FURTHER RESOLVED that Mr. Dick Darner be granted his choice of either a life estate in a lot for a cabin site on the shores of Lake Arrowhead, a life membership at the Municipal Golf Course of Wichita Falls, or a life membership at the Hamilton and Weeks Park Tennis Centers, in appreciation of his services , which choice will be expressed in writing to the Director of Parks and Recreation. BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Darner and that it be recorded in the minutes of this meeting. Moved by Alderwoman McCullough that Resolution No. 1297 be passed.. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6 Ben Shelton, Director of General Services, recommended award of the low bid for waterproofing the Memorial Auditorium Building to Cessco Building Restoration, in the amount of $8,840.00. RESOLUTION NO. 1298 WHEREAS, the City of Wichita Falls has advertised for bids for sandblasting and waterproofing the Memorial Auditorium; and, WHEREAS, three bids were received, and it is found that Cessco Building Restoration, Wichita Falls , Texas, who bid $8,840.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Said bid of Cessco Building Restoration, in the amount of $8,840.00, is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Cessco Building Restoration for such project. Moved by Alderman Campsey that Resolution No. 1298 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 7a & b Permission was requested to advertise for the sale of two pieces of surplus h 1 ` I 558 Item 7a & b, Cont'd. city-owned property. Both are in the vicinity of Old Seymour Road, Avenue K and Arthur Street. Lot 16, Block 20 of the Westside Addition to Floral Heights Addi- tion, has been appraised by the right-of-way and tax departments , and it is suggested that a minimum value of $300.00 be placed on this small tract. The other tract is large enough to allow for a building. This property was previously appraised at $4000.00, and is the suggested minimum price. The City Manager ex- plained that the entire tracts were purchased in their entirety, but all of each of them was not needed. Adjacent property owners have requested that the City advertise for the sale of this property. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert. Alderman Still inquired if we could negotiate with anyone for more money. The City Manager explained that the City is required to take sealed bids, and that we cannot negotiate. The motion was carried unanimously. Item 8 Moved by Alderman Lambert that minutes of the meeting of the Board of Electrical Examiners held April 11, 1972, be received. Motion seconded by Alderman Still, and carried unanimously. Item 9a Ronnie Wood , Director of Finance, recommended that the firm of Jarratt, Cocke, and Tillery be appointed as auditors for the fiscal year ending September 30, 1972. Because of increased knowledge of our operations, this firm has made improvements in the amount of time and cost required for this audit. Moved by Alderman Taylor that this firm be appointed auditors , as requested. Motion seconded by Alderman Lambert, Alderwoman McCullough inquired if we have a firm bid for this work. The City Manager explained that we don't; that it is on a time cost basis. Ronnie Wood ex- plained that they would be working from about June 15 to December. The cost has decreased from about $35,000.00 to $25 ,000.00. The motion was carried unanimously. Item 9b Moved by Alderman Lambert that the following water reimbursement contract pay- ment be approved in the amount of $259.81. D. C. Powell, Water, Omega Addition, Section Two, Exhibit A. from December 17, 1970 to December 17, 1971; $259.81 Motion seconded by Alderman Campsey, and carried unanimously. Mayor Wallander announced that future pre-council briefings will be held in the Conference Room at 9:00 A.M. on Council meeting days , and that department heads will be excused. Mayor Wallander made the following Council appointments. a. Mayor pro tem - Larry Lambert - E 559 Item 9b, Contd. b. Data Access Control Board - Larry Lambert C. Planning Board - Harry Campsey d. Park Board - Peggy McCullough e. Traffic Commission - J. C. Boyd, Jr. f. Human Relations Commission - Harrison Taylor g. Airport Board - Willard Still h. Community Relations Commission to Wichita Falls State Hospital - Peggy McCullough i. Nortex Regional Planning Commission, Executive Committee - Winston Wallander and Harry Campsey j . Nortex Regional Planning Commission, General Membership - Willard Still, J. C. Boyd, Jr. and Harrison Taylor Moved by Alderman Still that the appointments be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9c Jim Hill appeared, representing Arrowhead Development, Inc. He stated that Don Terry is no longer associated with the company, and has not been for more than a year. Bill Reeves, with Texcolor Labs, is the controlling stockholder. He explained that they have recorded restrictive protective covenants for Arrowhead Ranch Estates. Three homes are under construction from $31,000 to $45,000. Most homes will range in cost from $18,000 to $25,000. An adequate water system has been installed, with 4 to 6 inch water lines. Paving of streets will begin soon. Street signs and fire plugs have been installed. They have spent over $500,000 on this development. Their sales efforts have been directed toward the military. They have advertised in the Air Force Times. Currently, they have sold 50 lots, and only 15 of these have been non-military. In developing these lots , they have had many requests for mobile homes. Under present regulations mobile homes are not permitted there. Some people desire a smaller lot for cost and covenience. There is presently a two-acre minimum lot size restriction. He requested that the lot size be waived for 60 acres of Section 7, which is about 4 of that section. He proposes to plat this into 4 to 2 acre tracts, with no more than 100 lots for a mobile home subdivision. This plat would be subject to the requirements of the Texas Water Quality Board on their sewer facilities. Mr. Hill explained that Bill Reeves had been associated with this company since May 1970; that he joined the firm one year later, and that J. G. O'Brien has been with them the shortest length of time of the three. He also stated that Mr. Terry never did own any of the company. Alderman Lambert inquired if there had been any change in the proposed use of this land since it was originally presented to them. Mr. Hill stated that basically there had not been, except for these 30 2-acre tracts, which they desire to divide into about four times this many for a mobile home subdivision. He read the list of restrictions they have proposed. He stated that they followed FHA guidelines for home construction, and will do the same for a mobile home development. Alderman Still inquired if Mr. Biggs believes that a satisfactory sewer system can be installed which will satisfy the Texas Water Quality Board. Mr. Hill stated that it could be, with the cost borne totally by the developer. Alderman Boyd explained that Mr. Terry had elicited financial help from various citizens to get this project off the ground. He explained the reasons behind the lengthy discussion which was held previously in regard to this proposed subdivision, in which the requirements for curb, gutter, sidewalks, storm sewers, and street requirements were eliminated, and the minimum lot size set at two acres. He stated that he felt this was an opportunity to put in homes to attract retired military personnel to live around Wichita Falls , but that trailer parks and commercial plans were deleted. He further stated that he believes we should stay with our original deal to protect all our citizens in Wichita Falls. Mr. Hill stated that he was not aware of any of this until a short time ago when he began discussing this with Mr. Biggs. All he knew was concerning the water contract. He feels, that based on the number of other lot purchases, that ya 560 ._ . . Item 9c, Cont'd. it would be necessary to allow them to have mobile homes to attract military personnel in order to have smaller lots to sell at lesser costs. He is not opposed to restrictions, but feels that restrictions will help his development. Mayor Wallander stated that the new council members would want to familiarize themselves with this project and that he would suggest that they pass it for a time. Alderman Boyd insisted that we know at this time Mr. Hill 's concept of this development. Mr. Hill explained that part of the land would not be developable. He stated that he does not feel there is a large market for small tracts-probably no more than 100 lots. He stated that they have no place set aside for potential commercial use. They are reserving some lots from sale. He stated that he feels it might be a good idea to have a 7-11 convenience type store at some time, but '-bey are not planning a commercial development at this time. Moved by Alderman Lambert that further discussion be tabled at this time. Motion seconded by Alderman Boyd, and carried unanimously. Jack Ballard appeared, stating that he is in the process of amending his petition, and there is certain information which he needs from the Tax Department. He requested access to the tax records of the city, especially personal property tax. He stated that Mr. Hodge had given orders to the personal property tax man to not talk with him. He stated that the information he desired to obtain is in connection with his lawsuit. Mayor Wallander stated that they would take this request under advisement, and discuss it with Mr. Hodge. Alderwoman McCullough inquired what the law is on this matter. Mr. Hodge stated that he did not be- lieve that anyone had ever been denied access to the tax records ; however, there are some restrictions on interrogating city employees where litigation is concerned. There are proper legal procedures for this. Mr. Ballard also requested the Council to tax all property that is not exempted under the Texas Constitution or by laws enacted by the state legislature. He desired that a tax be placed on automobiles, household furniture, stocks and bonds, livestock in city limits, on the 360 million dollars on deposit in all banks in the City of Wichita Falls , and on leases and mineral rights. Alderman Lambert stated that it seemed to him that the courts should decide this since it is in litigation. Mayor Wallander stated that they would not discuss this further at this time. Mayor Wallander asked that they Camp Fire Girls take the seats of the Mayor, Councilmen, and staff members. The girls made a motion and it was seconded that the meeting be adjourned, which was carried unanimously. The Board of Aldermen adjourned at 11 :35 A.M. PASSED AND APPROVED this z/._4�&day of �79=tc4 1972. Mayor ATTEST: City Clerk x �q Z 1J a p Q 'a A p44 U p p H d w H a 5 awB b m o N O �' U m H F W W a ia� F o Wi H ►-� H s. ea B CCn Q, H; O Cd o �; F ' ; of u ai i x' i i a H i~ v td W Q: H d .d m Q V) 02 iU m it O i i ld p H (p�, p P.Q d 1pa- 4 W U 0 a d 4i � � F gyp. .' 4 0 i THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas- THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared GERALD FOX, CITY MANAGER , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, A MUNICIPAL x corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County,Texas. i - � � _ � � r t � � +