Loading...
Min 03/20/1973 722 Wichita Falls, Texas Memorial Auditorium Building March 20, 1973 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 Harrison E. Taylor Larry Lambert X Aldermen Willard Still J. C. Boyd, Jr. Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Lambert. Item 3 Moved by Alderman Still that minutes of the meetings held March 6 and March 12, 1973, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4 The public hearing was opened on Phase II of annexation of Lake Arrowhead. No one desired to be heard. Moved by Alderman Taylor that the public hearing be closed. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 5 Mayor Wallander presented an honorary citizen award to Virgil DeBerry as Airman of the Month. Item 6 Appropriations were considered from Federal Revenue Sharing Funds. The City Manager explained that the $125,000 appropriation for the East Side Sanitary sewer project was authorized at the last council meeting to be utilized with existing 1968 sewer bond funds. The $10,800 appropriation for The Help Center is for the remainder of their fiscal year. This is being done in lieu of deeding the property to The Help Center. ORDINANCE NO. 2775 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2775 be passed. Motion seconded by Alderman Lambert. Alderman Still commented that they have worked on The Help Center for several weeks, and wonders if the City should postpone action on this matter in 723 Item 6, cont'd. view of the fact that they have received an additional $33,000 grant. The City Manager explained that this grant was taken into consideration several weeks ago when they presented figures to the Council. They were anticipating it. Alderman Still stated that he is strongly opposed to increasing this $7,500 contribution to $10,800.00. Alderman Still moved a substitute motion that the Help Center's contribution be reduced to $7,500 revenue sharing funds, for a total appropriation in the amount of $132,500, and that the Help Center continue their $550.00 per month lease payments. Motion seconded by Alderman Boyd. Alderman Still clarified his position by stating that the Help Center has not met its part of the agreement of additional requirements in securing a letter of commitment from some lender that they will loan them money. When they do this , and at the loan closing, we would deed the property to them, and take a second lien. The substitute motion was carried by the following vote : Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : Alderman Lambert Moved by Alderman Still that Ordinance No. 2775 be approved as amended, for a total amount of $132,500. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 7a A proposed ordinance was presented determining the necessity for the 1973 Assessment Paving program. ORDINANCE NO. 2776 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 1973 ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENG- INEER, AND DIRECTING THE ADVERTISING FOR BIDS , AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderwoman McCullough that Ordinance No. 2776 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. r . Item 7b A proposed ordinance was presented determining the necessity for the 1973 Street Reconstruction Program. ORDINANCE NO. 2777 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 1973 RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECI- FICATIONS PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. 724 Item 7b, cont'd. Moved by Alderman Still that Ordinance No. 2777 be passed. i Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Alderman Still inquired when the 1972 program can be completed. Ernest Lillard stated that he felt it could be completed in three or four months if we have good weather. Mayor Wallander recognized a group of women from the Junior League, who are studying government. Item 7c The City received a request from Mack McCray for modification of Section 4-25, i Code of Ordinances to allow on-premise sale and consumption of alcoholic beverages outside the basic liquor zone on certain designated state and federal highways within the city limits, where a current valid public dance hall license exists. Titus Mitchell appeared as his attorney, requesting an amendment to this section. He mentioned that Guys and Dolls, J-Bar Korral, and M-B Corral are all in these areas. The sale of alcoholic beverages is allowed in restaurants along state high- ways, and they are now requesting that it be extended to dance halls in these areas. It was his opinion that this would be no extension of the zone. Some members of the Council felt they had already acted on this. The City Manager and City Attorney explained the terms of the ordinance as it now exists. Mayor Wallander suggested that this matter be postponed until the next Council meeting for further clarifica- tion, due to the Council 's misunderstanding of the present requirements. ORDINANCE NO. 2778 ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES , TO ALLOW SALE FOR CONSUMPTION ON THE PREMISES WHERE SOLD OF VINOUS AND MALT LIQUORS AND BEER IN CERTAIN LICENSED DANCE HALLS. Moved by Alderman Lambert that Ordinance No. 2778 be passed. City Attorney H. P. Hodge, Jr. , explained that if this changes, then any loca- tion along the state highways can get a license. Motion seconded by Alderwoman McCullough. Alderman Boyd stated that he did not think they had considered changing the zone before, and this would change it. Alderman Lambert remarked that if they thought they were doing then what they may be doing now, he does not see that any delay will be necessary. City Attorney H. P. Hodge, Jr. , stated that if no citizens appeared to protest it before, as Mr. Mitchell mentioned, he believed that the citizens did not feel that the liquor zone was being changed. A substitute motion was moved by Alderman Boyd that any action on this Ordin- ance be postponed until the next council meeting. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 8a A proposed resolution was presented approving a second contract for soundings on Lake Kemp. This contract in the amount of $19,834.00 with Decca Survey Systems, Inc. , is for engineering services to provide data for developing a contour map of the Lake Kemp bottom. 725 Item 8a, cont'd. RESOLUTION NO. 1401 RESOLUTION APPROVING CONTRACT NUMBER DACW56-73-C-0130, BETWEEN THE UNITED STATES OF AMERICA AND DECCA SURVEY SYSTEMS , INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain Contract Number DACW56-73-C-0130, Hydrographic Sedimentation Study, Lake Kemp, Wichita River, Texas, between the United States of America and Decca Survey Systems, Inc. , which work is part of the reconstruction for Lake Kemp, is hereby approved. Moved by Alderman Campsey that Resolution No. 1401 be passed. Motion seconded by Alderwoman McCullough. Alderman Still inquired what good a map of the bottom of the lake would be. It was explained that sedimentation and degradation of the bottom of the lake would be checked periodically, and also the change in the volume of water capacity. This is a flood control device, as well as affecting operating procedures. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 8b k A proposed resolution was presented authorizing execution of an open space contract for federal grant in the amount of $84,861.00. RESOLUTION NO. 1402 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES. WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United States of America (herein called the "Government") has tendered to the City of Wichita Falls (herein called the "Public Body") a proposed Contract for Grant to Acquire and/or Develop Land for Open-Space Purposes under which the Government agrees to make a Grant to the Public Body to aid in financing a project, designated Project No. OSL-TX-06-16-1053; and, WHEREAS, the Public Body has given due consideration to said proposed Contract; and, WHEREAS, the Public Body is duly authorized, under and pursuant to the Consti- tution and laws of the State of Texas, to undertake and carry out said Project and to execute such proposed Contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. The proposed Contract, designated "Contract For Grant to Acquire and/or Develop Land for Open-Space Purposes, Contract No. OSL-TX-06-16-1053(G) , consisting of Parts I and II, under and subject to the provisions, terms and conditions of which the Government will make an Open-Space Land Acquisition and/or Development Grant under Title VII of the Housing Act of 1961, as amended, to the Public Body to aid in financing the cost of a project, designated Project No. OSL-TX-06-16-1053, situated in Wichita Falls, Texas, is hereby in all respects approved. SECTION 2. The City Manager is hereby authorized and directed to execute said proposed Contract in two counterparts on behalf of the Public Body, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Public Body on each such counterpart and to forward such counter- parts to the Department of Housing and Urban Development, together with such 726 Item 8b, cont'd. other documents relative to the approval and execution thereof as may be required by the Government. SECTION 3. The Director of Finance of this Public Body is hereby authorized to file requisitions , together with necessary supporting documents, with the Government, from time to time as Grant funds are required, requesting payments to be made to it on account of the Grant provided for in the Contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. j SECTION 4. The Public Body agrees to abide by all of the provisions, terms and conditions of said Contract. SECTION 5. The Resolution shall take effect this 20th day of March, 1973. i Moved by Alderman Campsey that Resolution No. 1402 be passed. Motion seconded by Alderman Still, and carried by the following vote : I Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 9a It was recommended that the low bid of General Industrial Supply Company, Fort Worth, be accepted in the net amount of $8,227.08 for mercury vapor light fixtures for Parks and Recreation. Moved by Alderman Lambert that the low bid be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9b Bids were considered on 53 refuse containers for the Sanitation Department. The low bid was submitted by LeBus International, Inc. , Longview, Texas, in the net amount of $9,632.54. The 3CY containers are $145.33 each, and the 8CY con- tainers are $274.00 each. The City Manager recommended that these quantities be accepted at these unit prices, and that the staff be authorized to order additional units at these unit prices, up to the budgeted amount. Moved by Alderman Boyd that the low bid be accepted in the amount of $9,632.54 as recommended, and that the City Manager be authorized to purchase additional con- tainers up to the amount of this year's budgeted figure, at these prices. Motion seconded by Alderman Campsey, and carried unanimously. Item 9c It was recommended that the low bid for sewer improvements to Lucy Park be { awarded to B & G Utility Construction, Inc. , Burkburnett, Texas, in the amount of $12,617.50. RESOLUTION NO. 1403 RESOLUTION AWARDING CONTRACT TO B & G UTILITY CONSTRUCTION, INC. FOR SANITARY SEWER IMPROVEMENTS FOR LUCY PARK. WHEREAS, heretofore the City of Wichita Falls advertised for competitive bids for sanitary sewer improvements for Lucy Park; and, WHEREAS, the City received two bids, and the bid of B & G Utility Construction, Inc. in the amount of $12,617.50 is the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The bid of B & G Utility Construction, Inc in the amount of $12,617.50 is 727 Item 9c, cont'd. hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls, a contract with said bidder for such sanitary sewer improvements in Lucy Park. Moved by Alderman Taylor that Resolution No. 1403 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. to i Item 10a Permission was requested to advertise for bids for hot mix surface course for the 1973 Reconstruction Program. � I V Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. Item 10b Permission was requested to advertise for bids for a tractor and boom- mounted slope mower for the Street Department. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough. Alderman Boyd inquired what the cost of this equipment will be. Ernest Lillard, Director of Public Works, stated that they have allocated $13,000 for it. Alderman Boyd wondered if someone might desire to do contract mowing for the City. The City Manager explained that we are not doing a good job in cleaning the ditches now because we do not have adequate equipment, and it has to be done with men. If this equipment is purchased then they will be better equipped to allocate these men to other jobs. The motion was carried unanimously. f Item 11 / Moved by Alderman Still that minutes of the meetings of the Board of Adjust- ments and Appeals held March 12, 1973, and Board of Electrical Examiners held March 13, 1973, be received. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 12a Moved by Alderman Lambert .that the following sewer reimbursement contract payment be approved. T. C. Foley, Sewer, Brentwood Estates, Exhibit A, from January 9, 1972 to January 9, 1973, $201.77. Motion seconded by Alderman Taylor, and carried unanimously. s Item 12b i~ Moved by Alderman Still that April 17, 1973, be set as the date for a public hearing on demolition of hazardous structures. Motion seconded by Alderman Campsey. Alderman Still inquired into the E. A. Wood property, explaining that it is tied up in litigation. Alderman Taylor stated that he knew of at least six pieces of property that have not been torn down. The City Manager stated that they are 728 Item 12b, cont'd. trying to draw up a contract with several pieces of property. Ernest Lillard, Director of Public Works , stated that they are looking at some short cuts to get this taken care of sooner. i The motion carried unanimously. Item 12c A request for waiver of sidewalk construction standards at 2000 Granada in Colonial Park, was made by Grant Adkins. He desires to construct a 4-foot sidewalk adjacent to the curb, rather than a 6-foot sidewalk as required by the ordinance. In studying this request, the staff and Planning Board are recommending that a waiver not be granted, but that the ordinance be changed to allow a four-foot side- walk next to the curb on residential streets. r� r ORDINANCE NO. 2779 ORDINANCE AMENDING SECTION 27-30 OF THE CODE OF ORDINANCES (ORDINANCE NUMBER 2440) TO CHANGE CERTAIN SIDEWALK REQUIREMENTS. Moved by Alderman Still that Ordinance No. 2779 be passed. Motion seconded by Alderman Lambert. Alderman Taylor questioned the validity of a four-foot sidewalk next to the curb in preventing accidents. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 12d / J /" / ✓ In 1964 Richard Darner of the Hammon Properties donated an oil drilling rig to the City. It was planned to erect it at a park as a part of an oil display, but this has not materialized for various reasons. An interest has been expressed by several parties in purchasing all or part of the rig. The donors have indicated that they would have no objection to the disposal of this property. Moved by Alderman Still that authority be granted to advertise for sealed bids on this property to be considered by the Council on May 1, 1973. Motion seconded by Alderman Campsey, and carried unanimously. i Item 12e Moved by Alderman Lambert that G. A. Benesh be appointed as substitute or alternate judge of the Municipal Court. Motion seconded by Alderwoman McCullough, and carried unanimously. Buford Rice appeared concerning a sewer problem he has at his retail liquor store at the end of Beverly Drive on the expressway to Iowa Park. He explained that a leaking water tank belonging to the City has saturated the soil so that his septic tank is not working. The lateral lines are seeping. The health officer has talked to him, and he has until April 9 to fix it. The City Manager explained that a property owner is required to pay a pro rata charge for water and sewer extensions. He explained that Mr. Rice is being provided the same services as any other citizen. Joe Smith, Director of Public Utilities, explained why the water tank has overflowed, and what they have done to correct it. They could possibly lay 300 to 400 feet of discharge lines to the north of it. He explained that Mr. Rice could tie on to the sewer line on the south side of the expressway if he desired. The Mayor ex- plained that sewer is not a tax supported service, but a revenue service, and that 729 Item 12e, cont'd. he has been furnished other services available to other citizens. Mr. Rice asked for a solution to his problem. Mayor Wallander stated that he could tie on to the sewer lines of the City. Alderman Still inquired what we could do. Joe Smith explained that he felt we could discharge this water in another direction. They have re-modified the line, and feel that the tank will not overflow much more. They might run a drain line back to a sewer line. The City Manager stated that they would work with Mr. Rice toward a solution of this problem. It was felt that the City could help him get an extension of time if he needs it. Mrs. Rosa Donnell appeared, asking how the Council stands on tax exemption of senior citizens. Mayor Wallander stated that they have not approved it as yet. Alderman Taylor explained that the legislation was passed after the budget was adopted, and they cannot do anything as yet. It would decrease our revenue about $200,000, which would place a tax rate increase of eight cents on the other people. Alderman Lambert stated that if any tax relief was going to be granted to any group, then they would have to raise taxes on everybody else, or a substantial amount of services provided by the City would have to be reduced accordingly. These are things which must be considered in order to come to a decision. He suggested that a referendum election could be called if the Council does not act on it. The meeting adjourned at 11 :52 A.M. PASSED AND APPROVED this day of , 1973. Mayor ATTEST: City Clerk