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Min 03/20/1967 1012 Wichita Falls, Texas Memorial Auditorium Building March 20, 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 X Aldermen Leroy Daniel X Max Kruger X Cletus C. Schenk j Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Burross. Item 3 Moved by Alderman Schenk that the minutes of the meetings held March 2 and March 7, 1967, be approved. Motion seconded by Alderman Kruger, and carried unanimously. ✓ Mayor Rancier welcomed the new members of the Junior Service League to the Council meeting. A resolution was read by Mayor Rancier from the Wichita County Bar Association commending the City Council for providing the citizens of Wichita Falls with a modern corporation court room, and a full time city judge. I J Item 4 The public hearing on curb and gutter assessment on the 1967 street reconstruc- tion program was opened. Mr. Morris Hairell of 1933 Windthorst Road, stated he had no objection to the curb and gutter, but was interested in obtaining sewer service for that area. Joe Smith, Director of Public Utilities, stated that sewer service could possibly be obtained; however, cost was the biggest problem. City Manager Jack Davis stated that some studies can be made in this area. Alderman Burross suggested that a meeting be set between those families involved and Joe Smith to discuss the matter. Mrs. Bandy inquired whether the ditches would be closed on each side of Windthorst road, and how wide the street will be. Also, how far the improvement will go. John Roark, Director of Public Works, stated that the street will have four eleven-foot lanes for a total width of 44 feet, and that the ditches will be filled. He also stated that the street will be improved half-way between Scott Street and the new highway, and that they hope next year to complete it all the way to the new highway. Insufficient funds prohibited full completion this year. ✓ ,J ORDINANCE NO. 2311 ORDINANCE CLOSING HEARING AND LEVEYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF NINTH STREET FROM EAST WENONAH TO BEVERLY DRIVE, AND OLD WINDTHORST ROAD FROM U.S. 287 (EAST SCOTT) 1900 FEET SOUTH IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE i 1013 Item 4 cont'd RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Burross that Ordinance No. 2311 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 5a Mr. Reed failed to appear before the Council regarding curb openings on Fort Worth Street. f City Manager Jack Davis explained that this was an issue where Mr. Reed re- quested that the City allow some curbs on Fort Worth Street to be removed. The Traffic Engineering Department requested that it be denied, and the Traffic Commission recommended approval of it. Some proposed changes to the plan were presented, and accepted by Mr. Reed; however, he did not comply with them. The City again recommends that the curbs not be removed. Moved by Alderman Burross that this matter be tabled, and that the inter- ested parties again be invited to the next council meeting. If they do not appear at that time the matter will be considered closed. Motion seconded by Alderman Hill, and carried unanimously. Item 5b Mr. Hotchkiss, of Texas Electric Service Company, presented a request through City Manager Jack Davis that increased street lighting be considered. This would benefit the City to a great extent. New lights would be installed at a cost to Texas Electric Service Company only. Texas Electric would prepare a master plan of our revised present system. The minimum size lamp in residential areas will be 7000 lumen, as opposed to the present 2500 lumen. This change would be completed over a three-year period. A flat rate charge per light will be set instead of meter consumption. In Country Club Estates and Indian Heights the developers installed underground street lighting which reverted to City ownership. Texas Electric has agreed to replace both systems at a total cost to the City of $20,000.00, at our option. Thereafter, this would be the sole property of Texas Electric with no responsibility by the City. It was recommended that the City agree to the improved lighting arrangement, but reserve the right to exercise option for Country Club Estates and Indian Heights. Moved by Alderman Hill that the City Manager be authorized to execute an agreement with Texas Electric Service Company as recommended. Motion seconded by Alderman Davis, and carried unanimously. a Y Item 6a j ORDINANCE NO. 2312 ORDINANCE ACCEPTING IMPROVEMENTS ON A PORTION OF LAKE ROAD FROM THE NORTH PROPERTY LINE OF SOUTHWEST PARKWAY TO THE SOUTH PROPERTY LINE OF ARCHER � STREET IN THE CITY OF WICHITA FALLS, TEXAS; DECLARING THE CONTRACT WITH R. 0. GREEN FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. 1014 Item 6a cont'd Moved by Alderman Schenk that' Ordinance No. 231Z be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Alderman Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6b r" « ORDINANCE NO. 2313 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Kruger that Ordinance No. 2313 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Alderman Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Alderman Burross suggested interest rates be charged the property owners in the future on projects such as this. City Manager Jack Davis stated that the attorney's office felt there was some question whether interest could be applied on a refuse charge; however, it would be studied. Item 6c i John Roark, Director of Public Works, presented five additional units to be included in the 1967 assessment paving program. ✓ ORDINANCE NO. 2314 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 1967 ASSESSMENT PAVING PROGRAM. DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Davis that Ordinance No. 2314 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 6d ✓ ORDINANCE NO. 2315 AN ORDINANCE PROVIDING FOR A TEMPORARY LOAN IN THE AMOUNT OF $400#000.00, IN RENEWAL OF A NOTE WIIICH WAS USED FOR THE PURCHASE OF BLOCK 257 OF THE 1 ORIGINAL TOWNSITE OF WICHITA FALLS. Moved by Alderman Daniel that Ordinance No. 2315 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None ° Item 6e ORDINANCE NO. 2316 AN ORDINANCE PROVIDING FOR A TEMPORARY LOAN IN THE AMOUNT OF $1500000.00, IN RENEWAL OF A PART OF A PREVIOUS LOAN FOR IMPROVING AND FURNISHING THE MEMORIAL AUDITORIUM BUILDING. 1015 Item 6e cont'd Moved by Alderman Kruger that Ordinance No. 2316 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6f ORDINANCE NO. 2317 ORDINANCE CLOSING AND ABANDONING A 7.5 FOOT WIDE ALLEY ON THE WESTERN BOUNDARY OF THE GILLASPIA SUBDIVISION, SECOND ADDITION OF THE CITY OF WICHITA FALLS, TEXAS, AND RESERVING A UTILITY EASEMENT. Moved by Alderman Schenk that Ordinance No. 2317 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 6g 1 � A proposed ordinance was presented concerning regulation of rendering establishments. ORDINANCE NO. 2318 AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE RULES AND REGULATIONS AND STANDARDS FOR THE INSPECTION OF RENDERING ESTABLISHMENTS AND ITS BY- PRODUCTS PROMULGATED BY THE COMMISSIONER OF HEALTH OF THE STATE OF TEXAS AS APPROVED BY THE STATE BOARD OF HEALTH OF THE STATE OF TEXAS, IN WHICH RENDERING ESTABLISHMENTS, BY-PRODUCTS PREPARED OR PROCESSED BY SUCH ESTABLISHMENT AND NAMING INSPECTION SERVICES WHICH CONFORM TO REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH; TO PROVIDE FOR PERMITS FOR RENDERING ESTABLISHMENTS WITHIN THE CITY OF WICHITA FALLS, TEXAS, OR ITS POLICE JURISDICTION; PROVIDING FEES FOR SUCH PERMITS. Dr. Charles 'Parker, Director of the Wichita Health Unit, stated that this ordinance incorporates the rules and regulations set out by the State Board of Health, with certain definitions, permit fees, etc. , added. Discussion was held on including inspection of trucks in this ordinance. Dr. Parker stated it would be almost impossible to stop all trucks for inspection. The plant itself should be controlled first. Trucks are inspected morning as they leave the plant here. Dr. Dan Roberts, Chairman of the Board of Health, stated he felt they had come a long way in handling the nuisance that has bothered Sheppard Air Force Base, and that we need a law controlling rendering plants, but that it would be almost impossible to enforce inspection of trucks coming into town. Jim McDonald, owner and operator of Central Packing Company, stated he was in favor of this ordinance, but feels it does not go far enough. He did not think it would be too difficult to control trucks, and suggested that they be included in this ordinance. Moved by Alderman Schenk that Ordinance No. 2318 be passed, and that the matter concerning trucks be studied for future consideration. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6h i RESOLUTION NO. 694 WHEREAS, the City of Wichita Falls has completed the construction of I 1016 Item 6h cont'd Lake Arrowhead in Clay and Archer Counties, which lake will be a source of water supply for the City, and it will be necessary to acquire easements for a water transmission line and a road from Lake Arrowhead into the City of Wichita Falls along a route designated by the City's consulting engineers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT it is found to be necessary to obtain an easement for a water transmission line and road from Lake Arrowhead to the City of Wichita Falls along the route des- cribed above, and it is also necessary to do certain preliminary survey work along such route; in the event such easements cannot be purchased by negotiation, the City Manager is directed to proceed to condemn the necessary easements. Further, i in the event entry upon the lands for the purpose of doing the necessary surveying is refused, the City Manager is directed to take such legal action as may be found necessary, including condemnation, in order to gain such entry. Moved by Alderman Hill that Resolution No. 694 be passed. I Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 7 ✓ ✓ RESOLUTION NO. 695 WHEREAS, Congress has appropriated $1,000,000 for Fiscal year 1966 for the j , rehabilitation of Lake Kemp and The President has recommended $900,000.00 in his budget for Fiscal year 1967 for continuation of the project; and, WHEREAS, The Cork of Engineers has scheduled the advertisement for bids on or about October, 1967 and the beginning of construction on or about January 1, 1968. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls and Water Improvement District 2 thank the Red River Valley Association for its valuable influence and support of this import- ant Flood Control and Water Project and now ask for continuing support until this project becomes a reality. Moved by Alderman Schenk that Resolution No. 695 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None r V RESOLUTION NO. 696 ✓ WHEREAS, the Corpsof Engineers plan for control of natural pollution on the Wichita River has now been authorized and The President is recommending $150,000 for planning on Phase I of this project for Fiscal year 1968; and, WHEREAS, The President is recommending $1,000,OOOfor experimental work on the final designs and specifications on this total project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: The City of Wichita Falls and Water District 2 believe that the control of salt in Lake Kemp, The Wichita and Red Rivers will be of great benefit to the City of Wichita Falls, Texas Irrigation District 2, and all the surrounding area, and therefore request the Red River Valley Association to support this project and The President's budget requests. Moved by Alderman Schenk that Resolution No. 696 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: 1017 Item 7 cont'd Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None / RESOLUTION NO. 697 WHEREAS, the U. S. Army Corps of Engineers was-requested by letter dated July 21, 1966, to consider the reduction of the scope of the Plum Creek Drainage Project to include only the East Branch of Plum Creek for immediate improvement and which letter indicated the desire of the City of Wichita Falls to adopt the Detailed Project Report as a master plan for drainage improvements for the entire Plum Creek watershed; WHEREAS, the Corps of Engineers notified the City of Wichita Falls by a letter dated 2nd of August, 1966, that additional funds had been requested to reactivate the Plum Creek Project and to determine the feasibility of phase development; WHEREAS, the Corps of Engineers notified the City of Wichita Falls by letter dated 6 December, 1966, that the requested funds for further study of the East Branch of Plum Creek had been received and that hydraulic studies of the proposed revision to the overall Plum Creek Project were under way; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Red River Valley Association be requested to support this project. Moved by Alderman Hill that Resolution No. 697 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None RESOLUTION NO. 698 WHEREAS, the :Board of Aldermen of the City of Wichita Falls on February 13, 1967, unanimously approved Resolution No. 686, which Resolution stated the desire of the City of Wichita Falls that continued study be given to the Lake Wichita - Holliday Creek Project and that every means be pursued to secure flood control on Holliday Creek at a cost which could be supported by the City of Wichita Falls and which Resolution No. 686 also requested the Corps of Engineers to reconsider the design and cost-sharing on the Lake Wichita - Holliday Creek Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Red River Valley Association be requested to support the further study of the Lake Wichita - Holliday Creek Project. Moved by Alderman Schenk that Resolution No. 698 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None i Item 8a f Moved by Alderman Daniel that the low bid of Hodges Tire Company in the amount of $49490.75 be accepted for annual tiie recapping. Motion seconded by Alderman Kruger, and carried unanimously. j Item 8b Moved by Alderman Schenk that the bid for an annual asphalt supply be Win, awarded to Sabre Asphalt Company in the amount of $9,917.50. Motion seconded by Alderman Hill, and carried unanimously. 1018 Item 8c Moved by Alderman Schenk that the low bid for hot mix asphaltic concrete on the 1967 surface overlay program be awarded to R. 0. Green Construction Company in the amount of $22,020.00. Motion seconded by Alderman Davis, and carried unanimously. } � Item 8d - - - - - - - - - ' J Bob Miks, of Central Seed and Feed Company, requested that the Council either change the requirements on fertilizer from oraganic to inorganic or permit them to withdraw their bid which had previously been awarded to them. He stated there had been a misunderstanding between him and his supplier, and they were unable to comply with the specifications. Mr. Harvey, from Texoma Fertilizer, asked to be recognized, stating it was difficult to meet city specifications on fertilizer, and that the inorganic fert- ilizer would be just as good. Ed Daniel, Director of Parks.and Recreation, stated that organic base fertilizer is cheaper over a period of time because it lasts longer; that it has a slow release process. He also informed Mr. Harvey that City specifications of fertilizer comply with the state guaranteed analysis law regarding same to the fullest degree. Moved by Alderman Schenk that all the bids be thrown out and readvertise for same. I Motion seconded by Alderman Kruger. After considerable more discussion, it was moved by Alderman Burross that the motion on the floor be tabled until proper legal advice can be obtained. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Alderman Hill, Burross, Davis, Daniel, and Kruger. Nays: Alderman Schenk. Moved by Alderman Burross that the City Manager and City Attorney be authorized to study the legality of this situation, and authority be granted to either award the bid to Central Seed and Feed Company, or to reject all bids and readvertise, according to their findings. Motion seconded by Alderman Davis, and carried unanimously. Item 9 Permission was requested by Ed Daniel, Director of Parks and Recreation, to advertise for bids for a concessionaire at Scotland, Spudder, Loch Lomand, Bridwell, and Hamilton ball parks. Moved by Alderman Daniel that authority be granted to advertise for ball park 1 concessions as requested. Motion seconded by Alderman Kruger, and carried unanimously. Item 10a & b ') Moved by Alderman Schenk that the minutes of the meeting of the Traffic Comm- / i'j ission held March 14, 1967, and the Park Board meeting held February 28, 1967, be /V received. Motion seconded by Alderman Kruger, and carried unanimously. / Item Ila David G. Alford, Director of Public Safety, requested council approval of a signal installation agreement with the Fort Worth and Denver Railway Company for crossings at Kemp and Fairway on Kell. Moved by Alderman Schenk that authority be granted to enter into an agreement with the Fort Worth and Denver Railway Company for signal installations as requested. 1019 Item lla cont'd Motion seconded by Alderman Hill, and carried unanimously. f Item llb J Ed Daniel, Director of Parks and Recreation, presented a request from Pat :Jcv Carrigan Post #120 to hold a carnival at Spudder Park May 29 through June 3. The Park Board has previously recommended approval of this request subject to the .„, rates and conditions to be set by the Council, and also that they secure signatures of the residents who live within 300 feet of the area, agreeing that the carnival may be held. Moved by Alderman Schenk that permission be granted to hold the carnival at Spudder Park upon complying with the terms set out. Motion seconded by Alderman Davis, and carried unanimously. Item llc fMoved by Alderman Burross that water reimbursement contract payments in the amount of $4,741.68, and sewer payments in the amount of $1,561.66, be approved as follows: E. E. Cloer, General Construction, Inc. , Water, Sections One and Two of Dittoe Heights or Southern Hills from February 10, 1966 to February 10, 1967; $3,494.65 Meadow Lake Company, Water, Meadow Lake Addition, Section C, from February 28, 1966 to February 28, 1967; $282.07 Douglas Leffall and L. R. Bloodworth, Water, Leffall Heights Addition, from February 8, 1966 to February 8, 1967; $339.29 Hawkeye Development Company, Water, Section C, Loch Lomond Addition, from February 9, 1966 to February 9, 1967; $625.67 Hawkeye Development Company, Sewer, Section C, Loch Lomond Addition, from February 9, 1966 to February 9, 1967; $183.52 Douglas Leffall and L. R. Bloodwroth, Sewer, Leffall Heights Addition, from February 8, 1966 to February 8, 1967; $109.56 Meadow Lake Company, Sewer, Meadow Lake Addition, Section C, from February 28, 1966 to February 28, 1967; $81.04 University Park Corporation, Sewer, University Park Addition, from February 1, 1966 to February 1, 1967; $1,187.54 Motion seconded by Alderman Kruger, and carried unanimously. City Manager Jack Davis stated they were trying to obtain easements for right of roadway and the transmission line at Lake Arrowhead with Mr. C. J. Bohner. Moved by Alderman Kruger that this matter be tabled for further negotiations. Motion seconded by Alderman Schenk, and carried unanimously. City Manager Jack Davis requested that an engineer be appointed to work with the planner to design the water system and paving of the streets for the lots at Lake Arrowhead. He recommended the appointment of Homer Hunter as an extension to his present contract. Moved by Alderman Hill that Homer Hunter's contract be extended to include this design. Motion seconded by Alderman Burross, and carried unanimously. 1020 ✓ Billy Hill appeared before the Council to request that he be allowed to obtain the air conditioner which was on the old Parks and Recreation building. He submitted the high bid with and without the air conditioner, and the City accepted the one without it. Mr. Hill stated it was his understanding from the notice to bidders that the air conditioner was a part of it. After discussion it was moved by Alderman Kruger that the bid be awarded to Billy Hill in the amount of $600.00, with the air conditioner installed. Motion seconded by Alderman Schenk, and carried unanimously. f Mr. D. D. Williams appeared regarding a situation on York Street near Queen of Peace School where traffic was moving the wrong way on a one-way street. He stated he was concerned with the safety of school children there. City Manager Jack Davis stated this would be taken care of. Moved by Alderman hill that the meeting be adjourned. Motion seconded by Alderman Schenk and carried unanimously. The Board of Aldermen adjourned at 10:30 P.M. PASSED AND APPROVED this v day of 1967. ayor ATTEST: r City Clef