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Min 03/02/1967 I 1000 Wichita Falls, Texas Memorial Auditorium Building March 2, 1967 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 7:30 o'clock P.M. , with the following members present: R. C. Rancier Mayor R. Kenneth Hill X D. Clifford Burross X James M. Davis Z Aldermen Leroy Daniel X Max Kruger X Cletus C. Schenk Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Hill. Mayor Rancier welcomed Boy Scout Troop 84 from Park Place Christian Church. The boys are working for their citizenship merit badges. Scoutmaster Roger Arnold and Assistant Scoutmaster R. H. Wagner were recognezed, along with the boys. Clay Underwood, Chairman of the Citizens Advisory Committee, was also welcomed. Item 3 Moved by Alderman Kruger that the minutes of the meeting held February 13, 1967, be approved. Motion seconded by Alderman Schenk, and carried unanimously. ,f✓ Item 4 - - - - - - - - - A proposed appropriation ordinance was presented to cover costs incurred by the Data Processing Department in preparation of voter registration lists for Wichita. County. Reimbursement of this cost will be made to the City by Wichita County. ORDINANCE NO. 2305 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 014-4504, AND DECLARING AN EMERGENCY. Moved by Alderman hill that Ordinance No. 2305 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 5a � J ORDINANCE NO. 2306 AN ORDINANCE: AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE y CITY OF WICHITA FALLS DESIGNATLNG, SPEED 'ZONES ON HATTON ROAD. Moved by Alderman Burross that Ordinance No. 2306 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes : Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : gone A proposed ordinance was presented to make Travis Street a two-way street between Fourth and Fifth Streets. City Manager Jack Davis recommended that the change not be made until the new budget year because a signal change would have to be made, and funds would not be available before that time. l0ui Item 5a cont'd t' ORDINANCE NO. 2307 N ORDINANCE AMENDING SECTION 29-45 OF TILL' CODE OF ORDINANCES OF TIIE, CITY OF WICHITA FALLS TO MAKE TRAVIS STREET A TWO-WAY STREET � BETWEEN FOURTH AND FIFTH STREETS. "loved by Alderman Burross that Ordinance No. 2307 be changed to comply with the request that Travis Street be made bi-directional between Fourth and Fifth, such to take place upon the signal change. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None Item 5b ORDINANCE NO. 2308 AN ORDINANCE AMENDIPvG PARAGRAPH C (1) OF SECTION 9 OF ORDINANCE NO. 2118 ENTITLED THE SUBDIVISION REGULATIONS OF THE CITY OF WICHITA ✓ FALLS, PROVIDING FOR THE WIDTH AND PAVING OF ALLEYS WITH A PAVED SUR- FACE OF NOT :LESS THAN TWELVE (12) FEET IN WIDTH, TO BE AMENDED TO READ ALLEYS TO BE PAVED WITH A PAVED CONCRETE SURFACE OR NOT LESS THAN NINE (9) FEET IN WIDTH, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2308 be passed. ",lotion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Alderman Burross requested that the news media publicize the procedure in which residents may obtain alley paving because there seemed to be a lot of interest in this area. Item 5c f ✓ ORDINANCE NO. 2309 AN ORDINANCE, AMENDING SECTION III OF ORDINANCE NO. 2303, PRESCRIBING THE DATE FOR THE BENEFIT HEARING BE AMENDED FROM THE 27TH DAY OF FEBRUARY, 1967 AT 7:30 P.M. TO READ TIIE 20TH DAY OF MARCH 1967 AT 7:30 I'.M. , AND DECLARING AN EMERGENCY. Moved by Alderman Hill that Ordinance No. 2309 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6a AESOLUTION NO. 687 WHEREAS, the City of Wichita Falls has heretofore borrowed the sum of $400,000.00 from the City National Bank in Wichita Falls, which sum was used by the City to purchase Block 257 of the Original Townsite of the City of Wichita Falls; and, WHEREAS, the promissory note given in evidence of such loan is due on or before March 31st, 1967, and it is deemed advisable to make a new temp- orary loan from said bank in renewal and extension of such loan; such temporary loan shall be due on or before September 30th, 1967, at an interest rate corresponding to the market rate of 91 day U. S. Treasury bills as quoted one week preceding the execution of the loan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF IyICHITA FALLS, TEXAS, THAT: 1002 Item 6a cont'd Public notice is hereby given that, at the meeting of the Board of Aldermen on March 20th, 1967, an ordinance authorizing such loan shall be considered by the Board of Aldermen. Moved by Aldermen Kruger that Resolution No. 687 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen hill, Burross, Davis, Daniel, Kruger, and Schenk. f Nays: None I � / f RESOLUTION NO. 688 It'}}EREAS, the City of Wichita Falls has heretofore borrowed the sum of $175,000.00 from the City National Bank in Wichita Falls, for the purpose of improving and furnishing the Memorial Auditorium building; and, WHEREAS, the promissory note given in evidence of such loan is due on or before March 31st, 1967, and it is deemed advisable to make a new temporary loan from said bank in the amount of $150,000.00 in renewal and extension of a hart of said loan; said temporary loan shall be payable on or before September 30th, 1967, at an interest rate corresponding to the market rate of 91 day U. S. Treasury bills as quoted one week precediril- the execution of the loan. THEREFORE, BE IT RESOLVED BY TIE BOARD OF AL,DERiML-N OF THE CITY OF 11"ICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the meeting of the Board of Aldermen on March 20th, 1967, an ordinance authorizing such loan shall be considered by the Board of Aldermen. :loved by Alderman Schenk that Resolution No. 688 be passed. 'Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None Item 6b f RESOLUTION NO. 689 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OI= WICHITA FALLS, TEXAS: That an election be held in the City of Wichita Falls, Texas, on April 4, 1967, for electing the following officials of said City: Alderman . . . . . . . Place One Alderman . . . . . . . Place Two Alderman . . . . . . . Place Three and that the said election shall be held at the following named places with the following persons as Presiding Judges and Alternate Presiding Judges within the following Precincts, to-wit : (The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in the City Boxes as shown below.) . . . . . . . . . . . .VOTING PLACES 4 JUDGE'S - MUNICIPAL I:LE'CTION, APRIL 40 1967. . . . . . . . . . . COUNTY CITY PRECINCT BOX NUMBER VOTING PLACE JUDGE NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . .. .. . . .. . . . . . . . . . . . . 1 Wichita County Court house Mrs. Guy Beard I Seventh and Lamar Mrs. J. R. Bell, Alternate 2 Travis School Mrs. Flip Hoskins 2 303 Third Street Mrs. Guerin Shaw, Alternate 3 F, 40 Bowie School Mrs. J. H. Raines 3 1200 Trout Street Mrs. C. L. Pierce, Alternate 1003 Item 6b cont'd COUNTY CITY PREC:INCP BOX, NU'dBER VOTING PLACE JUDGE NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Lamar School Mrs. Bob Wise 4 2206 Lucas Street Mrs. La Nora Taylor, Alternate 5 Bonham School Mrs. Bob Pack 5 3101 Armory Mrs. C. D. Wages, Alternate 6 Lutheran School Mrs. S. H. Rider 6 2222 Brook Mrs. E. G. Brown, Alternate 7 & 54 Eastside Jr. high School Gym Mr. C. E. Jackson 7 700 Flood Street Mr. A. L. Wilson, Alternate 8 Fain School Mrs. A. D. January 8 1404 Norman Mrs. Pat Cohen, Alternate 9 Lamar Street Pharmacy Mr. Dan Rivkin 9 1500 Lamar Mrs. H. L. McCloud, Alternate 10 Naval Reserve Training Center Mrs. Fred 1,lartin 10 1823 Fifth Street Mrs. M. F. Feltman, Alternate 11 Reagan Jr. High School Mr. R. S. England 11 1104 Broad Mr. Elmer Odom. Alternate 13 i, 26 Jefferson St. Fire Station Mrs. Mozelle Laseman 12 507 Jefferson Mrs. R. J. Condon, Alternate 14 t; 45 Crockett School Mrs. Steve Marchand 13 3015 Avenue I Mrs. R. B. Wiseman, Alternate 15 Alamo School Mrs. R. E. Benson 14 1912 Eleventh Street Mrs. J. C. Davidson, Alternate 16 $ 57 S. H. Rider High School Mr. Johnny Adams 15 4611 Cypress Mr. Elton Penrod, Alternate 17 Southside Assembly of God Mrs. R. B. Dodd 16 Church, 2124 Broad Mrs. Lee Callaway, Alternate 19 & 44 Giddings St. Fire Station Mr. P. R. flake 17 Avenue H and Giddings Mrs. P. R. Flake, Alternate 20 22 Zundclowitz Jr. high School firs. J. R. Ogle 18 1706 Polk Mrs. Clyde Tucker, Alternate 21 53 Farrell School Mrs. B. 13. Stevens 19 3115 Fifth Street Mrs. George Wyatt, Alternate 23 Buchanan St. Fire Station Mr. George Smoot 20 1800 Buchanan Mrs. I . T. Box, Alternate 24 Sam Houston School Mrs. George Stracener 21 2500 Grant Mrs. 1'. M. Moore, Alternate 25 Helenic Parish pause Mrs. George Bartosh 22 3804 Seymour load Mrs. A. J. Junk, Alternate 12, 30 Midwestern University Student Mr. Rav Martin 23 48 Center, Taft Boulevard Ctrs. Ralph Bracken, Alternate 41 Wininger Food Store `Irs. H. S. Denney 24 601 N. Broadway Mrs. A. J. Grimes, Alternate 18 4 42 Hirschi High School 'Irs. h. F. Woodrum 25 3106 Borton Lane Mrs. D. A. Shook, Alternate 43 lien Franklin School mrs. R. ,a. Rogers 26 2112 Speedway Mrs. Lois Hendon, Alternate i 1004 Item 6b cont'd COUNTY CITY PRECINCT BOX NUMBER VOTING PLACE JUDGE NUPIBER • • . . • . . . .I way Department Mrs. Wiley T. Pio . • , • • . . • • • • . • . . . . . . . . . . . . . . . . . . . . . . . . . 46 Texas iigh rpan 27 Warehouse, 227 N. Beverly Dr. Mrs. IV. If. Haley, Alternate 47 Carrigan School Mr. C. L. Murph 28 1609 Blonde Mrs. C. L. Murph, Alternate 50 AleGaha School Mrs. Lawson Reed 29 1537 Hampstead Mrs. R. N. Stinson, Alternate 51 Kemp St. Fire Station Mrs. E. L. Wood 30 3400 Kemp Mrs. Hubert Thompson, Alternate 52 Ben Milam School Hr. R. L. Arnold 31 2906 Stearns Alrs. John IV. Jernigan, Alternate 55 Cunningham School Mrs. Charles Box 32 4107 Phillips Mrs. Clyde Lane, Alternate 56 Trinity Presbyterian Church Mrs. Sarah Lewis 33 Hughes and Phillips Mrs. C. W. Brock, Alternate The presiding judge for each precinct shall appoint such clerks, not less than two nor more than four, as he deems necessary for the proper conduct of the election. The Chief of Police shall post a properly executed copy of this resolution, order and notice at the places where the election is to be held, such notice to be posted at least thirty (30) days before the date of said election. Moved by Alderman Schenk that Resolution No. 689 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes : Aldermen hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None i, Item 6c - - - - - - i v li A proposed resolution and lease agreement was presented, requesting authority t for the City Manager to execute the leases for lots on Lake Arrowhead. (copy attached) J % RESOLUTION NO. 690 WHEREAS, the City of Wichita Falls has recently completed the construction of Lake Arrowhead; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls has seen fit to purchase certain lands adjacent to Lake Arrowhead for the purpose of developing Lake Arrowhead in such a manner as to provide the maximum benefits to the citizens of Wichita Falls; and, WHEREAS, the Board of Aldermen has decided to lease certain portions of its property adjacent to Lake Arrowhead for private residence construction; and, WHEREAS, the Parks and Recreation Department has conceived a plan for the orderly development of the residential areas around Lake Arrowhead; and, WHEREAS, all that remains to be done before the initiation of the leasing of such lots, is the adoption by the Board of Aldermen of a formal lease agreement to be used by the City in leasing the residence lots, and the appointment of a representative of the City to enter into said leases. NOW, TIiE'REFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TILE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen of the City of Wichita Falls, Texas, does hereby adopt and approve the lease agreement attached Hereto, for the leasing of all Lake Itcr. 6c cont'd Arrowhead residence lots, and that the City Manager is hereby authorized to execute such leases for the City of Wichita Falls, Texas. ;loved by Alderman Schenk that Resolution No. 690 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes : Aldermen hill, Burross, Davis, Daniel) Kruger, and Schenk. Nays : None Item 6d J John Ruhmann„ Director of Water Development, requested approval of rental l rates and lease agreement on 73 lots at Lake Diversion. (copy attached) � RESOLUTION NO. 691 v V11ILREAS, in 1964 the City of Idichita Falls and Wichita County water Improvement Distract No. 2 acquired a tract containing approximately seventeen (17) acres of land adjacent to the spillway at Lake Diversion, and this tract has been subdivided into seventy three (73) lots. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF I';ICHITA FALLS, TEXAS, THAT: The lease form attached hereto is hereby approved, and the City Manager is hereby authorized to execute such lease forris on said lots, and the rental on each lot shall be the surr,, of $36.00 per year. "loved by Alderman Burross that Resolution No. 691 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Aves : Aldermen Bill, Burross, Davis, Daniel, Kruger, and Scheni:. Nays: N'�one Item 6e J ! :LSOLUTION NO. 692 J i IVIIEREAS, in order to extend the sewer main serving* Sikes Center, the 1',`ichita Falls iluseum and Art Center, and Sikes Lakeside Estates into the City south side intercepting sewer main, it will be necessary to cross a r tract of land containing 9.05 acres out of J. A. Scott Survey No. 7 A-295 and 0. If. P. Davis Survey , A-65, Wichita County, Texas, said 9.05 acre tract being described in a deed from Louis Sikes and wife to C. B. Christie, Jr. , which is recorded. in Volume 782, Page 179, Vichita County Deed Records. NOW, THEREFORE, bE IT RESOLVED BY THL BOARD OF ALDERMEN OF THE: CITY OF t%ICHITA FALLS, TEXAS: That it is found to be necessary to obtain an easement for the sewer main across the -above described property; in the event such easement cannot be purchased by negotiation, the City Planager is directed to proceed to condemn the necessary easement. Moved by Alderman Burross that Resolution No. 692 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes : Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None J Item 6f RESOLUTION NO. 693 WHEREAS, it has heretofore been the policy of the City of Wichita Falls not to provide water and sewer services outside the City Limits, but it now appears that this policy should be changed to a certain extent. .i 1006 Item 6f NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF MCI ITA FALLS, TEXAS, THAT: The memorandum dated February 27th, 1967 from Jack Davis, City Manager, to Mayor and Board of Aldermen, a copy of which is attached hereto, is hereby approved and adopted as the official policy of the City of Wichita Falls regarding the furnishing of water and sewer services outside the corporate limits of the City of Wichita Falls. Moved by Alderman Burross that Resolution No. 693 be passed, substituting the following for No. 1 listed in the restrictions. 1. That the extension be made contingent upon the recommendation of the City Manager that such extension is in the best interest of the orderly devel- opment of the City and the immediate region. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None Item 7 - - _ _ - - - - _ Moved by Alderman Schenk that the low bid of Goodyear Service Store in the amount of $23,001.43 be accepted for an annual supply of tires and tubes. Motion seconded by Alderman Kruger, and carried unanimously. / Item 8a 't ti John Ruhmann, Director of Water Development, presented a letter from Homer Hunter requesting additional payment in the amount of $8,806.48 for expenses incurred during the long procedure involved in obtaining the permit for Lake Arrowhead. Alderman Burross stated they were happy to obtain such expert testimony at p this hearing, which lasted for 17 days. Normal length of time is one or two V days. IIe stated that lie felt those who were on the council at that time were of the opinion that Homer hunter should be reimbursed further for additional costs incurred. Ile recommended that this amount be paid because of a moral obligation. Discussion was held by various aldermen on whether it was a moral obligation or extension of the contract price agreed upon in the beginning. ,Moved by Alderman Schenk that this matter be tabled until further information can be obtained to determine whether Mr. Hunter was promised additional money. Motion seconded by Alderman Kruger, and carried unanimously. Alderman Burross requested that the Mayor obtain information from previous mayors and councilmen regarding this matter. + Item 8b Mr. John Ruhmann, Director of ldater Development, presented a request from Sinclair Pipe Line Company for reimbursement in the amount of $23,928.95 for protecting and adjusting their 12-inch pipeline to accomodate Lake Arrowhead. The agreement stipulated that they would perform the work, and be reimbursed for the cost. !0oved by Alderman Daniel that final payment be made to Sinclair Pipeline Company in tiie amount of $23,928.95. Motion seconded by Alderman Schenk, and carried unanimously. f Item 9a, b, c Permission was requested to advertise for bids as follows: a. Paint machine for striping streets b. 'Traffic sizrial equipment for Windthorst - East Scott and Lawrence Road� Callfi eld - Rhea Road inte rsections 10071 [tcr.; 4Ia, b, c cont'd c. Park ranger patrol boat and trailer for Lake Wichita loved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman hill, and carried unanimously. f Item 10a David G. Alford, Director of Public Safety, recommended that approval be given to trade with Remington Rand Corporation for a more reliable Cardex machine in the Police Department. Mechanical difficulties have plagued the present one from the beginning. Remington Rand has agreed to an even trade if 1 the City will pay for freight and crating. Moved by Alderman Schenk that approval be given to trade for a new Cardex machine as requested. Motion seconded by Alderman Kruger, and carried unanimously. Item 10b Moved by Alderman Burross that reimbursement contract payments be approved as follows: Water - $1,065.80; Sewer - $551.72; Total - $1,617.52 Meadow Lake Company, Water, Meadow Lake Addition, Section B, from January 30, 1966 to January 30, 1967; $1,065.80 Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from January 30, 1966 to January 30, 1967; $315.12 Frank Herbert Hursh, Carl Adrich Hursh, William Brewster Hursh and Christine Smith, Sewer, Hursh Addition from February 1, 1966 to February 1, 1967; $236.60 Motion seconded by Alderman Kruger, and carried unanimously. Item 10c Consideration was given to the employment of a landscape architect for preparing a master plan of Lake Arrowhead recreational facilities. City Manager Jack Davis stated they desired to employ an architect in the state because he would be familiar with the state agencies that he would be dealing with. Ed Daniel, Director of Parks and Recreation, stated that the master plan should contain location and type of facilities, and how it should be developed. No detail construction plans would be included, as they would be prepared by the City, and then only as each phase is to be accomplished. Planning detail, construction, and design standards for each facility will be included in the report. Funds for this study will be available through bond funds left over due to the federal government providing a one and one-quarter million dollar grant to complete the pipeline. Guaranteed maximum fee for this master plan would be $25,600.00. Moved by Alderman Hill that authorization be given to employ a landscape architect, and the City Manager be authorized to execute a contract. ~lotion seconded by Alderman Davis, and carried unanimously. r Item lod Y Authorization was requested for the City Manager to execute a contract with Operation Analyst Associates in an amount not to exceed $5,000.00, for a preliminary data processing management information systems study. This study would include methods of financial support, departmental study, various municipal applications, T)roiect design, and proposal preparation. ,. Moved by Alderman Schenk that the City Manager be authorized to execute a contract with Operation Analyst associates in an amount not to exceed $5,000.00. i '� n 1GG8 Item 10d cont'd Notion seconded by Alderman Hill, and carried unanimousl-". 1 i Item 11 iJoved by Alderman Davis that the minutes of the following boards and commissions be received, a. Planning Board - February 15, 1967 b. Lake Advisory Committee - February 22, 1967 C. Electrical Advisory Board - February 10 u 14, 1967 d. Traffic Commission - February 14 123, 1967 Motion seconded by klderman Schenk, and carried unanimously. Item 11 dl — — r' Several months ago the businesses on Fort North Street (numbers 2000202, and 206) requested removal of curbs and that laid-down putter be allowed instead. Their request was denied; however, on September 9, 1966 a solution was agreed upon by members of the City staff and the businessmen affected which was never carried out on the part of the businessmen. At the Traffic Commission meeting on February 14, 1967, Leon Flake presented the dissatisfaction of the businessmen sub- mitted their request to remove all curbs. The Traffic Commission, votedatolpermit the curbs to be removed; however, t}le City staff recoriimends that the request not be granted. After much discussion it was moved by Alderman Davis that the City Manager, or someone he may designate, contact these businessmen and find out why they did not comply with the proposal agreed upon, and that they be invited to the next council meeting to present their views. Motion seconded by Alderman Schenk, and carried unanimously. Item 11 d2 David G. Alford, Director of Public Safety, commented on the Traffic Commission Committee report on the operation of two-wheeled motor vehicles. He recommended that an ordinance not be passed until we see whether it will become state law, as it is expected to come before the legislature soon. (report attached) Walter Saxon, employed by Circle Motorcycle Company, was recognized. He stated he had just returned from Austin where he had appeared before the legislature, and requested that the Council not pass an ordinance until it is determined what measures the state will take, in order that our laws will be uniform with the state. Moved by Alderman Burross that a letter be sent to the governor, to the rep- resentatives, and the senators, commending the safety program which has been proposed. Motion seconded by Alderman Schenk, and carried unanimously. Alderman Schenk commended the motorcycle dealers in the City for their interest in this safety program. vItem 11 e1 — — — The downtown merchants requested to the Traffic Commission that Indiana Street { be closed from Seventh to Eleventh Street on Apr il 13, 14, and 15 for an auto show. Moved by Alderman Burross that the temporaryclosin of authorized, as requested. g Indiana Street be Motion seconded by Alderman Daniel, and carried unanimously. Discussion was held on a Services. proposed supplemental agreement with King Flight Bob Hughey, Assistant City Manager, explained that the rate for the admini building lobby space would be reduced from $2.00 per square foot per year to stration per square foot. Reduction of this space was not included in the ordinance rece70 passed. Payment would be made at the end of each month instead of a month in ntly ' r 1009 ow. Ding would be required to brim his payments'up to date. The su plemental agreement would have an effective date of October 1, 1966, the term to be concurrent with the respective agreements affected. ".loved by Alderman Schenk that the supplemental agreement with Charles King be approved, and the City Manager be authorized to sign same. "lotion seconded by Alderman Hill, and carried unanimously. A proposed conditional assignment was also presented. Moved by Alderman Burross that Charles King be authorized to conditionally assign his lease to Humble Oil Company. Motion seconded by Alderman Daniel, and carried unanimously. Moved by Alderman Daniel that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 10: 10 P.M. 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'..- - .._ .... _ - _ _ _ Una Jlimlzw ._u 'G._ 'r . 27 , 507 TO: Board of Aldermen DATE: February 27, 1967 City of Wichita Falls SUBJECT: Committee Report on the Operation of Two-Wheeled Motor Vehicles FROM: Traffic Commission The attached committee reporL is your a-,proval. The committee put forth cons i erabi;L� e�fOrt to explore all aspects of motorcycle-type vehicle operation and the recommen- dations contained in the report are considered by the Traffic Commission to be sound and practical. Although the adoption of these recommendations will not completely solve the safety problem , we believe they will curtail accidents and injuries to a considerable degree. The committee also recommended, and tl.e Traffic Commission concurs, that the Board of Aldermen endorse the governor' s proposed Safety Program and so advise the. State Representatives and Senators from this district either by letter or resolution. Respectfully, i M. H. Bice Chairman by ti3 �,a�y b'� �e February 13, 1967 Chairman M. H. Dice Traffic Commission Memorlal Auditorium Wichita Falls, Texas Re: Committee Report Dear Mr. Dice: At the request of the Traffic Commission you appointed Mr. Bill Drake, Mr. Jerry Lindsey, and the undersigned to serve as a committee to inquire into the increase in the number of accidents and injuries involving two- wheel motor vehicles in Wichita Falls and to determine if the City of Wichita Falls could require safety equipment. The committee met twice and held a public hearing on November 18, 1966. The committee has completed its study and would make the following recommendations: 1. The committee recommends to the Traffic Commission and City Council that a letter or resolution offering the City's official support of Governor Connally' s proposed safety program be sent to our Represen- tatives and to the State Legislature. 2. It is recommended that the City Council pass an ordinance requiring all two-wheel motor vehicles and any operator or passenger on such vehicles to have the following safety equipment: a. Any operator or passenger on a two-wheel motor vehicle shall wear a protective helmet which shall meet the specifications listed in the Z-90 standards issued by the American Standards Association. b. All two-wheel motor vehicles shall be equipped with a windshield unless the operator wears goggles or a face shield of sufficient quality and size to protect the operator from foreign objects. This recommendation does not include eyeglasses. c . All two-wheel motor vehicles shall be required to have fenders, two brakes -- front and back, a speedometer, and a solid light burning at all times. Chairman M. H. Dice -2- February 13, 1967 d. All operators of two-wheel motor vehicles shall abide by posted speed limits. e. The number of passengers shall be limited to one only if passenger equipment is provided, such as a permanent seat, rider' s pegs, and a protective helmet. If the above equipment is not provided, a passenger may not ride the vehicle. 3. The committee recommends that advantage be taken of all opportunities to educate the public regarding the safe operation of a two-wheel motor vehicle and to be observant of all two-wheel motor vehicles on the streets or highways to help reduce the high accident and injury rates. All detailed information concerning reports received, minutes of the meetings and public hearing, and supporting documents are on file in the City Department of Public Safety. It has been a pleasure to assist this Commission by conducting interviews and hearings held by this committee and we hope that our recommendations will be of some assistance to the Commission. We request that this report be accepted as the report of the Committee and acted on by the Traffic Commission as they may see fit. Thanking you, we a Bill Drake rry L' dsey I � � Leon Flake, Chairman THE STATE OF TEXAS § COUNTY OF WICHITA § THIS AGREEMENT made and entered into on the day of , 19 by and between the City of Wichita Falls , a municipal corporation, acting through its City Manager, hereinafter called Lessor, and hereinafter called Lessee, Witnesseth: For and in consideration of the sum of Dollars per year, payable on or before the day of each year during the life of this Contract, Lessor leases to Lessee for a period of twenty five (25) years the following described real property, to-wit: upon the terms and conditions hereinafter set out: 1. Lessee agrees to construct a dwelling building on the above described lot in accordance with plans and specifications supplied by Lessee to the Lessor at Lessee' s own expense and approved by the Lessor; such building shall be completed within 2 years from the date of initiation by Lessor of water service to said Lessee ' s lot. In the event that Lessee does not complete his building within the specified 2 year period, the Lessor has the option of cancelling this lease. 2 . Lessee agrees he will construct no piers, wharves, float- ing boathouses, docks and/or barges or other facilities on the Lake, without a written permit granted by the City of Wichita Falls for such construction. All such construction must be done in accordance 2 - with City specifications . 3. Lessee agrees to place no fences or other structures upon the leased premises without the express written consent of the Lessor. 4. Lessee agrees that he will keep the leased premises clean of trash, rubbish, garbage and waste matter and will provide such facilities for the disposal of this matter as the Lessor shall require; it being recognized by both Lessor and Lessee, that the primary purpose of Lake Arrowhead is to supply the City of Wichita Falls with water for human consumption. Lessee is under the abso- lute obligation to so use the leased premises and conduct himself so that there shall be no pollution of the waters of Lake Arrowhead. 5 , Lessee shall provide sewage disposal facilities in ac- cordance with State Health. Department and City of Wichita Falls standards. Septic tanks shall be the only sewage disposal facility used on the leased premises . The septic tanks shall be at least 500 gallon capacity with tile drain field of 100 feet or more if pressure water system is used. 6. Lessee is a resident of the City of Wichita Falls, Texas, and agrees to maintain a residence in said City. If Lessee for any reason ceases to be a resident of said City, the Lessor has the option of cancelling this lease. 7 . Lessee agrees that he will not use the leased premises nor any part thereof for commercial purposes, but only for resi- dential purposes . 8. In order to prevent real estate speculation and ensure orderly development of the residential lot areas, Lessee covenants that he will not assign this lease, nor sublet the whole or any part of the said premises, without the written consent of the Lessor. If Lessor does agree in writing to approve the proposed conveyance of the whole or any part of the leased premises, the Lessor agrees 3 - to execute to the Lessee' s purchaser or grantee, a new lease and agrees to void Lessee ' s lease. Such new lease between Lessor and Lessee ' s purchaser or grantee shall be of the same terms and conditions as the lease executed between Lessor and Lessee and shall be for the balance of the term of years originally granted Lessee. 9. Lessee agrees that all buildings or other improvements placed on said site are charged with, a lien in favor of the Lessor for payment of all rentals that may be owed by Lessee to Lessor for such site. Said lien shall be subject to any deeds of trust or mechanic ' s liens outstanding against any buildings or other improve- ments placed on said site. 10. Lessee agrees to obey the rules and regulations estab- lished by the City of Wichita Falls governing the use of Lake Arrow- head. The original list of these rules and regulations is on file in the City Clerk' s office, and a copy has been given to Lessee. Lessee further agrees to abide by any additional rules and regulations promulgated by Lessor. Said additional rules and regulations are to be published one time in a newspaper of general circulation within the City of Wichita Falls . These rules and regulations governing the use of Lake Arrowhead are hereby expressly incorporated into this contract and made a part thereof. 11. If Lessee breaches any expressed or implied covenants of this contract, Lessor shall have the right to cancel this lease and shall proceed to dispose of Lessee ' s interest therein in the following manner: Lessee shall have 60 days from the date of the cancellation of this lease agreement by Lessor in which to dispose of his property to some person, or persons satisfactory to Lessor, or Lessee may, during the same 60 days if he prefers, remove any improvements he has placed on the premises, but if Lessee chooses to remove his improvements he shall not in so doing damage to any extent any property belonging to 4 - Lessor or to any other person If at the expiration of such 60 day period, Lessee has not, disposed of his interests in the leased pre- mises and has not removed his improvements therefrom, Lessor shall have the right to enter upon tine premises and sell to the highest bidder at either a public or private sale all of Lessee ' s interests in this lease and the improvements placed thereon. The receipts from the sale shall be applied first to the expense of holding the sale, second to any deeds of 'trust or mechanic ' s liens outstanding against any buildings or improvements placed on the premises, third to any indebtedness owed by Lessee to Lessor and the remainder shall be paid to Lessee and shall be received by him as full payment of and for all his rights, title and interest in and to the leased pre- mises and all improvements thereon. Provided, however, that said 60 day waiting period shall not prevent Lessor ' s right to immediate action to abate any nuisance. 12 . In the event of the failure by Lessee to pay the pre- scribed rental for a period of thirty days after its due date, this lease shall automatically terminate. 13. In addition to the above described leased premises , Lessor agrees to execute a written permit, to Lessee, permitting Lessee to occupy and use the property between the 930 foot elevation and the 926 foot elevation. (spillway elevation) . In exchange for the right of Lessee to occupy and use these premises, Lessee promises to release the Lessor from any possible liability from damage to these premises or to any buildings or structures located thereon caused by overflow and flooding. No other rights are granted herein or are to be permitted or allowed hereunder except to the lands described in this instrument. 14. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises . Lessor makes no representations - 5 - as to the matter of whether or not the leased premises are subject to or may be overflowed, as this is a hazard assumed wholly by Lessee. Lessee shall be solely responsible for any injuries incurred by his guests, business invitees, or members of Lessee ' s family. 15. Lessee is granted an option to extend the time of this lease twenty five (25) years under the same terms and conditions as herein set out. If Lessee elects to exercise this option he shall notify Lessor in writing of such election before the expiration date hereof. 16. In no event shall the City of Wichita Falls (Lessor) , its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. The opinion of the majority of the Board of Aldermen as to the necessity of cancellation of such lease shall be conclusive upon the parties hereto. CITY OF WICHITA FALLS, TEXAS City Manager Lessor ATTEST: City Clerk Lessee Address Approved as to Form City Attorney SWORN TO AND SUBSCRIBED before me, this day of A.D. 196