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Min 04/25/1966 870 Wichita Falls, Texas Memorial Auditorium Building April 25, 1966 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 Build- ing at 7:30 o'clock P. il. , with the following members present: R. C. Rancier Mayor R. Kenneth Hill X Dr. D. C. Burross X James H. Davis X Aldermen Leroy Daniel X Max Kruger X Cletus C. Schenk X Jack Davis City Manager Ii. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Daniel. Item 3 Moved by Alderman Schenk that the minutes of the meeting held April 11, 1966, be approved. Motion seconded by Alderman Hill, and carried unanimously. Item 4 Mayor Rancier expressed appreciation to Alderman Claytor for the service rendered to the City of Wichita Falls, then administered the oath of office to Max Kruger. Mr. Claytor retired to a seat in the audience. Alderman Daniel offered a word of thanks to Pete Claytor for an outstanding job done, stating he had been a leader to him, and wished him Godspeed in future years. Alderman Burross made several complimentary remarks, stating Pete Claytor had been outstanding in his contacts within the city, and had rendered outstand- ing and dedicated service both to the city and his church. Item 5 Mayor Rancier stated that at the request of Raymond Seidel, of the National Electrical Contractors Association, the Council would defer consideration of modifications to the electrical ordinance until the next meeting. He then appoint- ed Aldermen Burross, Hill, and Kruger to meet with the Electrical Advisory Board and representatives of the National Electrical Contractors Association regarding this matter. Items 6 $ 7 II. P. Bodge, Jr. , City Attorney briefed the council on the facts surrounding an accident by Norris Lee Richardson, along with a passenger, near Fed Mart on November 221, 1963. Mr. Mock has now agreed to settle this case as to all parties for the sum of $1,250.00. It was the recommentation that this offer be accepted. Moved by Alderman Schenk that the City accept this offer of settlement in the amount of $1,250.00. Motion seconded by Alderman Burross, and carried unanimously. An ordinance was necessary to appropriate the money for settlement of this claim. ORDINANCE NO. 2225 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 044-G-9, AND DECLARING AN EMERGENCY. i 871 Items 6 & 7 cont'd Moved by Alderman Schenk that Ordinance No. 2225 be passed. Motion seconded by Alderman Burross, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None Item 8 v Consideration of a request for a special permit for building to be constructed by American 'Trust Insurance Company at 8th and Scott was had. Mayor Rancier surrendered the chair to Mayor pro tem Daniel on this item due to his personal interest in this matter. A letter was read from James I2. Killibrew, architect for American Trust, re- questing permission to construct a basement extending under the sidewalk to within six inches of the curb line. A memo was also read from If. I'. Ilodge, Jr. , City Attorney, wherein he quoted from Section 2203. 1 of the city building code which states that where space under the sidewalk is used for any purpose, a special permit shall be required from City governing authorities. Ile also stated that any special permit issued in this case should take into consideration the following requirements: 1. The use which the owner plans to make of the underground portion must not interfere with any existing public use. 2. The City has the superior right to reduce the premises in question to pos- session as and when necessary for such to be done for public purposes and even prior thereto to regulate and control the same as essential for the protection of the public safety and convenience. 3. In the event the City, or any public utility company, should find it necessary to re-route underground lines in the street adjacent to this property, or to re-design the manner of their installation, with an attend- ant increase of expense, as a direct result of the owners use of the area under the sidewalk, the increase of expense occasioned thereby shall be paid by and assessed against the owner. 4. City shall reserve the right to terminate the granting of this permit when- ever in the City's judgment same might become inconsistant with the public use thereof, or when it might become a nuisance. City Manager Jack Davis recommended that the permit be granted with the restrict- ions as stated. Lloyd Thomas, of the American Trust Company, appeared stating they had no object- ions to the restrictions, and that they wanted to use this area for parking. He also commended retiring Councilman, Pete Claytor, and congratulated Max Kruger. Moved by Alderman Burross that a special permit be issued to American Trust Company for construction of their new building-, subject to the restrictions already stated. Motion seconded by Alderman Kruger, and carried unanimously. Mayor Rancier welcomed Captain McCannon head of foreign training at Sheppard Air Force Base, and two guests from Saudi Arabia. Their names are Hassan Al Shareef and Hazae Al Shareef, both lJarrant Officers, training in aircraft maintenance. Ile also welcomed Rabbi Goodman. Item 9 i 1 City Manager Jack Davis recommended authority for Homer Hunter to prepare plans and specifications for earthen mounds with earthen dike access to the shore line for oil well protection in Lake Arrowhead. This is restricted to the Bridwell- Halsell lease. Two derricks have already been constructed. Eight locations are relatively close to the shore line, and can be protected by construction of earthen mounds at a cost equal to or less than cost of the derricks. Bids will be taken on an individual basis so that those exceeding the cost of derricks can be deleted. 872 Item 9 cont'd Mloved by Alderman Daniel that Homer hunter be authorized to prepare plans and specifications for earthen mounds, and authorize bids to be taken. Motion seconded by Alderman Davis, and carried unanimously. Moved by Alderman Burross that a letter be sent to Mr. Bridwell from the Mayor and Council thanking him for the Rift of 210 acres of park land at Lake i Arrowhead. ;'lotion seconded by Alderman Schenk, and carried unanimously. Alderman Schenk excused himself from: the Council meeting at this time. Item 10 v' It was recommended by Jim Thornton, Director of Plannin-, that an ordinance be passed closing an alley in Block 257, Original Townsite (Catholic School) . O; DI �11kNCE NO. 2226 r AN O}:DIN'jV,'Cl: CLOSING AND AGA11JDONING A ONE (1) BLOCK LONG ALLEY IN BLOCK 257 OF TILL; CAUGINAL TOWN SITE OF TILE CITY OF l%`ICHITA FALLS, TEXAS, RESERVING A UTILITY EASUIENT. ;Moved by Alderman Hill that Ordinance No. 2226 be gassed. "lotion seconded by Alderman Kruger, and carried by the following vote: Aves: Aldermen }fill, 13urross, Davis, Daniel, and }:ru}er. Nays : None Iter, 11 Permission was requested by K. G. bilks, Purchasing Agent, for permission to advertise -for bids on an estimated c11jantity of water treatr:ient chemicals, as s follows: � ,. a. I75,000 pounds silicate of soda b. 100,000 pounds Sodium Iiexametaphosphate c. 580 tons Ferrous Sulphate (copperas) d. 16,600 tons Quick Lime P-Ioved by Alderman Burross that authority be s;ranted to advertise for bids for water chemicals as requested. Notion seconded by Alderman hill, and carried unanimously. v Item 12 v Lids were opened on April 13, 1966 for a park ranger boat to be used on Lake j Vichita. City Manager Jack Davis recommended that the bids be rejected, as all came in too ;loved by Alderman Burross that bids on a park ranger boat be rejected, and that new specifications be drawn, and advertisement made again. F-:otion seconded by Alderman Daniel, and carried unanimously. Items 13 4 14 David G. Alford, Director of Public Safety, requested authority to award a contract for the demolition of the old Police, Corporation Court, Fire and lelfare Building located at 9th and Ohio Streets. It was requested that the low bid of Gossett Demolishing Company, Inc. , of Houston, be accepted in the amount of �12,900. ,ldi appropriation was also requested for part of the cost on the old Fire Station. f 873 Items 13 U 14 cont'd ORDINANCE NO. 2227 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 033-F-4, AND DECLARING AN D'�IERGE:ICY. Moved by Alderman Kruger that the low bid of Gossett Demolishing Company, Inc. , be accepted in the amount of $12,900, and that Ordinance No. 2227 be passed. Motion seconded by Alderman Bill, and carried by the following; vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Kruger. Nays: None Item 15 Roy Wilshire, Traffic Engineer, requested permission to advertise for bids / on signal equipment for three intersections: Kemp-Piedmont, Kemp-Archer-Call Field, and Flood-Rosewood. Moved by Alderman Davis that authority be granted to advertise for signal equipment as requested. Motion seconded by Alderman Bill, and carried unanimously. Item 16 x Appointments to fill vacancies on the Plumbing Advisory Board, Planning Board, and Electrical Advisory Board were passed until the next meeting. Item 17 v Permission was requested by John J. Roark, Director of Public Works, to advertise for bids for construction on Flood Street. This street will require ( , widening between [lark and Loop 165 and joiningg, the existing paving to curb and gutter. Anticipated date for bids to be received is May 20, 1966. Moved by Alderman Daniel that authority be granted to advertise for bids for Flood Street construction. Motion seconded by Alderman Davis, and carried unanimously. Item 18 John J. Roark, Director of Public IVorks, recommended that the engineering contract with Carter and Burgess of Fort I'Vorth be modified on Kell 1,lest extension. ` Plans were originally prepared for an urban section with curb and gutter and a divided roadway. Subsequent information received from the Urban Transportation f Studv indicates that the ultimate facility required in this area will be an expressway tyre. It is recommended that the facility under the current bond pro- grain be re-designed without curb and gutter, and as an undivided roadway, which will provide a design as a compatible as ,possible with the ultirate section. "Modification of the plans as stated u-ill require a final lum-, sun exi)enditure of $4,400. ;Moved by Alderman Bill that modification of the engineering; contract witii Carter and Burgess be approved for an additional cost in a total amount of $4,400. Motion seconded by Alderman Davis, and carried unanimously. Alderman Davis made a few comments on this item, stating that although the construction of :"loll 1rest would be different than what was origirally planned, that ultimately a better facility ;could be the result. Item 19 John J. Roark, Director of Public Ik=orks, requested permission to advertise I for bids for construction of Kell boulevard ';est. Anticipated date for bids to be received is May 20, 1966. f >74 Item 19 cont'd Moved by Alderman Daniel that permission be granted to advertise for bids as requested. "lotion seconded by Alderman Burross, and carried unanimously. aJ - - - - - - - - - ✓ Item 20 f ORDINANCE NO. 2228 J � AN ORDINANCE APPROVING AND ADOPTING ESTIIATL'S OF THE COST OF CONSTRUCTION OF ImPROVLi`E*N"PS AND OF iV- ,10UNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT LAKE ROAD FR0M SOUTHiL ST PARKWAY TO ARCHER STREET IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF TIIE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCK HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SA111i: IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN TIIE-' APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDIiNG SUNDRY OTHER HATTERS INCIDENT THERE'I'0, AND DECLARING AN EMERGENCY; Moved by Alderman Burross that Ordinance No. 2223 be passed, setting the date of the benefit hearing for curb and gutter on Lake Road for May 9, 1966. "Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Mill, Burross, Davis, Daniel, and Kruger. Nays: None / Item 21 City lHanager Jack Davis presented a request from Mr. Robert Seabury for side- walk waiver on Cypress Avenue behind the Spanish Trace apartments. It was the City Manager's recommendation that sidewalks were desirable in that particular location due to the Rider High School proximity, and that the City participate with Mr. Seabury on a 50-50 basis in construction of these sidewalks. Moved by Alderman Kruger that the City participate with Air. Seabury in this construction as recommended. Motion seconded by Alderman Burross and carried unanimously. J J Item 22 RESOLUTION NO. 636 WHEREAS, Mayor J. Winston Wallander has heretofore served the City of Wichita Falls as Mayor for a period of two years and has also served as a "Member Oil the Board of Aldermen of this City for a period of three years ; and ['e'IIF.REAS, he has served with distinction and great ability in such capacity and in a manner that is a credit to himself and to the City of [;'icliita. Falls; and WHEREAS, lie has recently completed such term of office; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE. CITY OF WICHITA FALLS, TEXAS: THAT by this Resolution there is hereby expressed the appreciation of the people of the City of Wichita Falls, to Mayor J. Winston Wallander for his un- selfish efforts and 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 n.layor J. [Winston lallander be granted either a life-mernbership in the Municipal Golf Club of Wichita Falls, Texas, or a life- estate in a lot for a camp site on the shores of Lake Arrowhead, in appreciation of his services. BE IT FURTHER RESOLVED that an exemplified copy of this Resolution be pre- sented to Mayor. [ allander and the original hereof be recorded on the ?Minutes of this �IeetinU. (loved by Alderman Daniel that Resolution No. 636 be passed. %lotion seconded by 'Alderman Burross, and carried by the following vote: 875 Item 22 cont'd Ayes: Aldermen Ilill, Burross, Davis, Daniel, and Kruger. Nays: None RESOLUTION NO. 637 VliEREAS, Hr. Roy V. (fete) Claytor, has heretofore served as ', 'Jember of the Hoard of Aldermen of this City for a period of four and one-Half years ; and 1�1'IIEREAS, he has served with distinction and great ability in such capacity and in a manner that is a credit to himself and to the City of 1'dichita Falls; and i'v'HLREAS, he has recently completed such term of office; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALL)ER;IEN OF 'I'IIL CITY OF hICiiITA FALLS, 'TEXAS: THAT by this Resolution there is hereby expressed the appreciation of the people of the City of Wichita Falls, to Roy V. (Pete) Claytor, for his unselfish efforts and honorable and distinguished services to the citizenship of this City as a Member of the Board of Aldermen. BE IT FURTHER RESOLVED that Mr. Roy V. (Pete) Claytor, be granted either a life- membership in the Municipal Golf Club of 1'dichita Falls, 'Texas, or a life-estate in a lot for a camp site on the shores of Lake Arrowhead, in appreciation of his services. BE IT RURTHER RESOLVED that an exemplified copy of this Resolution be presented to Nr. Claytor and the original hereof be recorded on the Minutes of this Meeting. Moved by Alderman Burross that Resolution No. 637 be passed, and that a copy be sent to Mr. Claytor's firm, U. S. Steel Corporation. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Bill, Burross, Davis, Daniel, and Kruger. Nays: None J Item 23 r Moved by Alderman Kruger that the minutes of the following boards and commiss- ions be received. a. Planning Board - April 13, 1966 b. Traffic Commission - April 12, 1966 c. Electrical Board - December. 6, 1965, February 16, 1966, and April 12, 1966 Motion seconded by Alderman Mill, and carried unanimously. Item 24 Moved by Alderman Hill that the following reimbursements contract payments be approved: I:'. II. Spiser, Sewer, Spiser Addition, First and Second Addition, from March 1, 1965 to Harch 1, 1966; $249.23 Robert M. Puckett, Sewer, East Eden hills Section A-2 and A-3 of Exhibit "A" from March 9, 1965 to March 9, 1966; $76.80 University Park Corporation, Sewer, University Park Subdivision Section A-4 from March 1, 1965 to March 1, 1966; $106.04 C. IV. L. Dennis, Sewer, North Indian Heights Addition from March 1, 1965 to March 1, 1966; $77.82 Robert Seabury heal Estate, Sewer, Sections 1 and 2 of ldest Rivercrest Addition from March 1, 1965 to March 1, 1966; "'214.34 Robert Seabury Real Estate, Sewer, Sections 1 and 2 of the Sun Valley Addition from March 1, 1965 to March 1, 1966; $777.25 Meadow Lake Compnay, Sewer, i4eadow Lake Addition, Section C, from February 28, 1965 to February 28, 1966; $34.95 876 Item 24 cont'd Titus Mitchell, Sewer, Mitchell Subdivision from March 1, 1965 to March 1, 1966; $39.51 Mary Lillian Singleton, Acting Independent Executrix of the Estate of George Singleton, Water, Singleton Addition, from April 1, 1965 to April 1, 1966; $1,937.62 Robert M. Pickett, Water, East Eden hills Section A-2 and A-3 of Exhibit "A" from kh rch 9, 1965 to March 9, 1966; $293.03 University Park Corporation, Water, University Park Subdivision Section A-4 from March 1, 1965 to March 1, 1966; $404.49 Robert Seabury Leal Lstate, Dater, Sections 1 and 2 of the Sun Valley Addition, from March 1, 1965 to March 1, 1966; $2$ 77.51 Meadow Lake Company, Water, Meadow Lake Addition, Section C, from February 28, 1965 to February 28, 1966; $270.17 Titus Mitchell, Water, Mitchell Subdivision from March 1, 1965 to March 1, 1966; $161.68 ,`lotion seconded by Alderman Daniel, and carried unanimously. "Item 25 V In order to correct a legal technicality it was necessary to pass another 4 ordinance fixing time and place for a benefit hearing on assessment Laving at 65 locations. It will not be necessary for those persons who appeared on i April 11 to re-appear, but only those persons desiring to appear who were unable to attend on April 11. j ✓ ORDINANCE NO. 2229 AN ORDINANCE FIXING TI,IE AND PLACE FOR A HEARING OF THE 0 NI:RS OF ABUTTING PROPERTY, AND THE ESTIMATED COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT SIXTY-FIVE L,OCAT- IONS IN THE CITY OF t'ICHITA FALLS, TEXAS (loved by Alderman Burross that Ordinance No. 2229 be passed, setting the benefit hearing on May 9, 1966. Motion seconded by Alderman Davis, and carried by the following vote: Ayes : Aldermen Hill, Burross, Davis, Daniel, and Kruger Nays: Done Item 26 Ed Daniel, Director of Parks and Recreation, presented a request from the Girl Scouts for use of city-owned property north of Williams Park for day camp purposes. This would be on a temporary basis for three weeks each summer for the next three years. (loved by Alderman Davis that permission be granted for the Girl Scouts to use this location as requested, and that the City Attorney be directed to take whatever action is necessary to protect the City. Motion seconded by Alderman Daniel, and carried unanimously. i Wayland D. Keith appeared with an inquiry concerning the petitions which he presented to the City Clerk's office for charter revision, stating he had not received any nofitifation as to the number of signatures required. He stated that when he asked the City Clerk to tell him how many names were required (prior to persenting petitions) she told him to check with his attorney. City Attorney H. P. (lodge, Jr. , stated he had always advised the City Clerk that she could not give a legal opinion on matters, and that this particular item in question did involve a legal opinion and state law. It. ]lodge stated he had not come to a final opinion as to the number of 877 Item 26 cont 'd signatures necessary because state law is involved. By charter the legal opinions of the city attorney are limited to the City Council and department heads. An initiative petition provides that Council action be taken; however, the wording of the petition makes it hard to determine whether the committee has submitted a proper petition. Alderman Burross recommended that the City Attorney brief the Council on this matter, and as soon as possible give Mr. Keith an answer. This recommendat- ion was seconded by Alderman Davis, and carried unanimously. Alderman Burross also recommended that the Council inform City Manager Jack Davis that from now on the information which Mr. Keith desires must be submitted in writing to the department concerned. This was done because of the confusion and harrassment which he had caused the past several months. Pair. Keith also made some complaints on the ordinance concerning transient shows, and also the fee charged by the City Clerk's office for obtaining copies of ordinances. fie stated that he had always paid ten cents per copy until recently when he was told the price was $1.00 per page. Ile was informed by the City Manager that it had been the policy of the City Clerk's office as far back as 1960 to charge $1.00 per page. Due to the time involved of the employees this was not an unfair amount. :Moved by Alderman Hill that the meeting be adjourned. Motion seconded by a unanimous vote. The Board of Aldermen adjourned at 9:30 P. M. PASSED NO APPROVED this day of � 1966. -57 Mayor ATTEST: City Clerk