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Min 05/08/1967 1035 Pdichita Falls, Texts Y Memorial Auditorium Building- May 8, 1967 Items 1 v 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular j session on the above date in the Council loom of the Memorial Auditorium Building at 7:30 o'clock P.M. , with the following; members present : R. C. Rancier Mayor 11. Kenneth hill X S. M. Lyons X James M. Davis X Aldermen Cletus C. Schenk X Max Kruger X Jack Davis City Manager H. I'. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Leroy Daniel Absent The invocation was given by Alderman Davis. Item 3 Moved by Alderman Kruger that the minutes of the meeting held April 24, 1967, j be approved. i i Motion seconded by Alderman Schenk, and carried unanimously. J Judge Temple Driver presented to the mayor a bound volume report of the National Security Seminar which was recently held here on behalf of Colonel Charles E. Peterson, Jr. , USAR, the Seminar Administrator. fie also thanked the Council for the beautiful auditorium which they enjoyed during the seminar. Mayor Rancier expressed appreciation to Judge Driver for his very active part in the seminar. The mayor then presented the report to the City Clerk with instruct- ions to have it placed in the public library. Item 4a 1 The public hearing on proposed annexation of two tracts was opened. One tract is a service station site at U.S. 287 and Windthorst Road, and the other is Express- way East Industrial District, Units I and II. As no one desired to be heard, Mayor Rancier declared the hearing closed. ✓ r - - - - - - - - - Item 4b The public hearing was opened on the 1967 assessment paving program. Mr. Dee C. Gilmore, 1004 North Broadway, stated he was not in favor of the paving on North loth because lie does not think it will help his property. lie also represented Mr. Harold E. Cooper in behalf of Mr. Cooper's mother-in-law, Mrs. I. B. Perskey, as being opposed on the ground that they could see no benefits from the paving. Mr. John Roark, Director of Public I1Jorks, explained that this unit was one upon which no petition had been received, but that it was included to take care of the drainage problem in that area. Mr. W. M. Neimeyer, 1402 North loth, stated he was in favor of the paving program. Air. H. L. Goldstucker, representing Mr. and Mrs. Floyd Green, 1419 North loth, stated he had received a letter from them stating they were not in favor of the paving. Air. James Johnson, 1216 Gladiolus Street, stated he was in favor of the paving, but wanted to know about the method of payment. Mr. Roark explained it to him. 1036 Item 4b cont'd Mr. Glen Cannedy, 1615 Taylor, stated he was in favor of the paving (Avenue G) , but wondered if the school district would pay a portion of it. Mr. Roark stated they had not heard anything about this matter. Bill Morgan appeared as a parent of a child in Zundelowitz Jr. High School, stating it is important for the City of Wichita Falls to have the street paved, and that lie was in favor of it. Mrs. Bob Fenn, 516 Sunset Drive, stated that she had served as president of the Zundy F.T.A. this year, and that she was in favor of the paving since it would help so many people. Mr. Jimmy Casteldine appeared, representing Mr. Clyde Flick, 2505 Jasper, stating that the paving would not help him, and that his property value would not be increased in an amount equal fo or greater than the assessment cost. IIe stated that dirt washes down that street from other streets in the area. Mr. Vernon Plc Daniel appeared, representating Mr. If. A. Campbell, 2407 Jasper. Ile stated Mr. Campbell was at home with his wife, who was ill. . lie stated that he doubted that his house was worth the amount of his assessment, and that the drain- age of Holliday Creek is a deterent to paving in this area, and that where would be very little improvement to his property. Mr. Jesse Payne, 1301 25th, stated that he was not in favor of the paving of Jasper Street, because he did not feel it would make his property worth any more. tors. Kenneth (Mahler, 2510 Jasper Street, stated she was wholeheartedly in favor of the paving, and feels that iw will enhance the vaule of their property. Mr. L. I:. Fischer, 1301 24th, stated he was in favor of the paving of Jasper Street. Mr. R. F. Miller, 3200 Kessler, stated he owns 90 feet on Jasper Street, and if paving would get the water out, then he was in favor of it, but he did not think that it would. Mrs. John Suttles, 2701 Jasper Street, stated she was in favor of the paving. She also stated they have a drainage problem, in that water from across the street drains into their driveway. Mr. Daniel L. Shaffer, 2506 Jasper, stated he was in favor of the paving. bir. A. T:. Battle, 2405 Jasper, stated he was in favor of the street being - paved. Mrs. James C. Gross, 2508 Jasper, stated lie was in favor of the paving. Mr. W. D. Richmond, 2800 Jacksboro highway, stated he represented the south side of the street from Holliday to Jacksboro Highway. Ile stated he did not have city utilities, and he was opposed to the paving of Jasper Street for that reason. Mr. Richmond brought up a problem of a street closure which tie stated lie had talked with the City Attorney about, but lie was not satisfied. Mr. If. P. Hodge, Jr. , City Attorney, stated that 1,1r. Richmond had a legal problem, and that he had explained to him that the City had nothing to do with the title to the prop- erty when a street is closed; the title goes by operation ff the law. t1r. Richmond wasn't satisfied that ne would get only one-half of the street. Alderman Davis asked if the petition submitted was for all of Jasper, or just part of it. Mr. John Roark, Director of Public Works, stated it could be broken down into sections if the Board of Aldermen so desired. Alderman Davis requested that further study be made into Jasper Street. Mr. Jerry E. Kohutek, 2204 Joline, appeared in favor of the paving. Iie feels it would cure their drainage problem. Mrs. Frank Pal. 2009 Huff, stated they own property on Joline Street, and that they are in favor of the paving. b1r. Robert bloody, 2206 Joline, stated he was in favor of the street being paved. 1037 Item 4b cont'd Mr. Thomas Nix, 3214 Kenesaw, stated he was in favor of the paving. Item 6b The public hearing was interrupted to take care of this item. f ✓ RESOLUTION NO. 706 WHEREAS, it is the belief of the Board of Aldermen that the citizens of Wichita Falls derive benefits from the beautification of the central business district, and in furtherance of this belief the City has started a tree-planting program and has developed a downtown park at Ninth and Ohio Streets; and, J WHEREAS, the Wichita Falls Savings Association has developed a beautiful area at its location at Eighth and Lamar Streets, consisting of a fountain, trees, grass and walks; and, WHEREAS, they have provided at their own expense a scene which brings pleasure to our citizens and travelers passing through our City, and also- provides an example that other property owners might follow. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ttiICHITA FALLS, TEXAS, THAT: The Wichita Falls Savings Association is hereby commended for its beautification of its property, which was a forward step toward improving the appearance of our central business district. ,Moved by Alderman Schenk that Resolution No. 706 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk. Nays: None Mayor Rancier called Air. Best and Mr. Jim Cummings, from Wichita Falls Savings Association, forward and presented the resolution to them. Item 4b cont'd Air. E. C. Stirman, 2407 Bullington,stated he owned rent property at 3209 Kenesaw, and does not think the paving would enhance the value of the property as much as the cost is. Air. Fred H. Wilson, 2404 Inglewoos, stated he owns property on the corner of Lakewood Street, and would like to have the street paved, but feels it will not enhance the value of his property that much . Air. D. E. Hoard, 2401 Inglewood, stated fie was not opposed to the paving, but is opposed to the unfair assessment. He does not believe the amount he is assessed will increase his property by that amount. Mr. Richard Gooding, 2401 Wedgwood, protested that he does not believe the paving will benefit his property as much as the assessment. Aaron Horst appeared in behalf of Regina Borst, 1946 Perigo, and protested that the paving would not help the property that much, and also that she was unable to pay. Airs. H. L. Laseman, 1909 Perigo, stated she was in favor of the paving, but does not want to brim hardship on those who are unable to pay. Mrs. Nuss, 1940 Perigo, stated she was opposed to the paving because of a financial hardship. Mrs. Lorene Edwards, 1918 Perigo, stated she was in favor of the paving, but would not want to place a burden on those who cannot pay. She feels drainage is a problem. Mr. Wayne Horton, 1912 Perigo, stated he was in favor of the paving. Ile protested 1038 Item 4b cont'd the 8% interest charge on the unpaid balance. Mayor Rancier stated it was not unfair to charge this rate. Mr. John Roark, Director of Public Iy'orks explained that the state statutes provided for a maximum of 8%. Mr. Fred Boyd, 1905 Perigo, stated that lie was opposed to the paving because it might create a hardship on some others. IIe also spoke for Mrs. Ola Boyd, 1915 (or 1903) Perigo, stating she was opposed to the paving because of a drainage problem. Mr. C. II. Bryan, 1961 Perigo, protested that he was opposed to the paving be- cause tie likes it as it is. The Council took note of a letter which they had from J. W. Thompson, Presi- dent of J $ J Development Corporation, addressed to Mr. Parrish Heath, Property Agent, protesting the paving on Ridgeway Drive because he was not in a position to pay for it. Mr. halter ltilert, 1300 Burnett, protested that he was opposed to the paving because he was financially unable to pay. Mayor Rancier declared the public hearing closed, as no one else asked to be recognized. ✓ f ORDINANCE NO. 2327 ORDIWaNCE CLOSING HEARING r",ND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING STREETS FOR THE 1967 ASSESSMENT PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF IVICHITA 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 ASSIGN- ABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO TIIE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF 1tICHITA FALLS, TEXAS, AND BY FILING THE ORD- INANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE. DATE, PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2327 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes : Aldermen Hill, Lyons, Davis, Kruger, and Schenk. Nays: None r Item 5 J ORDINANCE NO. 2328 AN ORDINANCE REGULATING THE LOCATION, CONSTRUCTION, DEMOLITION AND/OR REPAIR OF CURBS, GUTTERS, DRIVEI'WAY APPROACHES, CURBCUTS AND OTHER CONSTR- UCTION IN THE RIGHT-OF-WAY OF STREETS AND ALLEYS FOR ALL PROPERTY WITHIN THE CITY OF IyICHITA FALLS EXCEPT RESIDENTIAL DEVELOPMENT, AND DECLARING AIN EMERGENCY. Moved by Alderman hill that Ordinance No. 2328 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk. Nays: None /Item 6a / ✓ l Fir. Clay Underwood, Chairman of the Citizens Advisory Committee, appeared with a request that the Board of Aldermen give their approval for participation with the Texas Highway Department in designating a route between State highway 240 and U.S. 287 Expressway. The Texas highway Department has given their approval. The principal reason is to give the east side of Wichita Falls access to residential and business districts. The total cost of this proposed project is one and one-half million dollars, with the City's portion being about one- half million. 1O39 Item 6a cont'd RESOLUTION NO. 707 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE: CITY OF 14ICHITA FALLS, TEXAS, THAT: The provisions of Minute No. 59159, passed by the Texas Highway Commission on April 27th, 1967, are acceptable to the City of hichita Falls. It is hereby ordered that the City of Wichita Falls co-operate with the State Highway Department and proceed with the obligations so stipulated in said Minute Order as being res- ponsibilities of the City. Moved by Alderman Schenk that Resolution No. 707 be approved. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen dill, Lyons, Davis, Kruger, and Schenk. Nays: None RESOLUTION NO. 708 h'HEREAS, in past years the City of Wichita Falls has worked continuously with the local District Headquarters of the Texas Higliwa.y Department on matters of joint interest concerning streets and highways; and, WHEREAS, during all this period of time Mr. L. B. Dean and his staff have been most co-operative with the City in solving the problems which arise with regard to these matters; and, WHEREAS, it is deemed appropriate that some public recognition be accorded to these people who are so dedicated to the affairs of the citizens of this State. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Mr. L. B. Dean and his staff at the local District Headquarters of the Texas Highway Department are hereby commended for the splendid service which they render to the people of this area. Moved by Alderman Kruger that Resolution No. 708 be passed. Motion seconded by Alderman Lyons, and carried by the following vote: Ayes: Aldermen hill, Lyons, Davis, Kruger, and Schenk. Nays : None Item 6c 1 a Mr. Clay Underwood again appeared regarding funds for construction of a new Health Unit. It would cost around $600,000.00 to $700,000.00. The sub-committee of the Citizen's Advisory Committee has already approved it, and they are asking for the approval of the Board of Aldermen in order that hill-Burton funds may be obtained. J` �j RESOLUTION NO. 709 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TIIE CITY OF WICHITA FALLS, TEXAS THAT: It is the intention of the Board of Aldermen that the City of Wichita Falls shall provide, by means of the issuance of bonds or by other means, funds in an amount equal to fifty percent (50%) of the cost on construction of a new health unit, for participation with the State Department of health. Moved by Alderman Schenk that Resolution No. 709 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen hill, Lyons, Davis, Kruger, and Schenk. Nays: None 1040 ✓ Item 7 City Manager Jack Davis recommended that the bids be rejected on the paint strip- ing machine, and re-budget the equipment next year. The bids came in too high for the amount of money allocated for this purchase. J Moved by Alderman Schenk that the bids be rejected on the paint striping mach- ine, and re-budget: next year. Motion seconded by Alderman Lyons, and carried unanimously. Item 8 Moved by Alderman Schenk that the minutes of the meeting of the Park Board held April 25, 1967, be received. � ✓ Motion seconded by Alderman Hill, and carried unanimously. Item 9a Appointments to the hospital Board were confirmed on April 24, 1967. 1 Item 9b r Mr. If. P. Hodge, Jr. , City Attorney, gave a report on the question of the Board of Aldermen making a decision over the Board of Adjustments and Appeals. He ex- plained that the Board of Adjustments and Appeals is created by adoption of the Building Code. It was his opinion that the Board of Aldermen can give certain auth- ority to other Boards if they are given guidelines to go by. In this case they were given certain limited power. The City Council created the Board of Adjustments and Appeals and has authority over them. If they exceed their authority, then the Board of Aldermen can make the decision. Moved by Alderman Schenk that the building line extension at Speedway and Harrison to 15 feet of the property line be allowed. Motion seconded by Alderman hill, and carried unanimously. Item 10 "Moved by Alderman Schenk that water reimbursement contract payments be approved in the amount of $3,746.30, and sewer reimbursement contract payments in the amount of $9.25, for a total of $3,755.55, as follows : Mary Lillian Singleton, Acting Independent Lxecutrix of the Estate of George Singleton, Water, Singleton Addition, from April 1, 1966 to April 1, 1967; $2,019.80 Diary Lillian Singleton, Water, Singleton Addition, Section 3, from April 24, 1966 to April 24, 1967; $502.98 Lots, Inc. , Pater, Colonial Addition, Section B, from April 30, 1966 to April 30, 1967; $1,181.55 Elmer L. Dennis and C. W. L. Dennis, water, Lake View Manor, Section 2, Exhibit A, from April 30, 1966 to April 30, 1967; $41.97 Elmer L. Dennis and C. W. L. Dennis, Sewer, Lakeview Manor, Section J 2, Exhibit A, from April 30, 1966 to April 30, 1967; $9.25 i Item 11 The proposed budget for the Community Center for Mental Health and Mental Retardation Service was presented for approval along with an appropriation ord- inance for one-third participation in its support as set out in Resolution No. 671, which was passed on December 12, 1966. By leasing office space to them at $77.28 monthly, the cash support can be reduced from $2,132.33 to $1,204.97, for an annual in kind contribution of $927.36 for rent. 1041 Item 11 cont'd ORDINANCE NO. 2329 i AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 091-0025, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2329 be passed. Motion seconded by Alderman Lyons, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk. Nays: None i Alderman Davis mentioned the Park at 9th and Ohio, and wanted to know what it lacked being completed. Ed Daniel, Director of Parks and Recreation explained it to him. Alderman Davis posed the question of curb removal in the 200 block of Fort Worth Street as previously requested. Moved by Alderman Davis that the owners of Cummins Supply Company and also Mr. Pete Estes, of Estes Chemicals, Inc. , located in the 200 block of Fort Worth Street, f be allowed to remove the curb at their own expense, as requested by them, and re- commended by the Traffic Commission. "lotion seconded by Alderman Lyons and carried by the following vote: Ayes: Aldermen Lyons, Davis, Kruger, and Schenk. Nays: Alderman Hill Moved by Alderman }fill that the meeting be adjourned. 'Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 11 :15 P.M. PASSED AND APPROVED this day of � , 1967 ,Mayor ATTEST: x City Clerk F �, J & J DEVELOPMENT CORPORATION 411 WEST 7 th STIU= FORT WORTH, TEAS 76102 May 1, 1967 Mr. Parrish R. . Heath Property Agent City of Wichita Falls Wichita Falls, Texas Dear Parrish: Reference is made to your two letters dated April 24, 1967, pertaining to paving assements totaling $4,345.30, on property on Ridgeway Drive, Lynwood West, Wichita Falls, Texas. I object to this paving assesment inasmuch as the property is not in use and I am not in position to pay for it, either in cash or in monthly installments. Very truly yours, J & J Development Corp. 1 i ?Y /P resident a' 7 I-IAROLD E . COOPER INVESTMENTS - 908 STEMMONS TOWER EAST o DALLAS, TEXAS 214 NEE 1.2344 May 1 , 1967 Mr. Jack Davis , City Manager City of Wichita Falls P.O. Box 1431 Wichita Falls, Texas Dear Jack: I am writing this letter in behalf of my Mother-in-law, Mrs. I. B. Persky, as per instructions from Mr. Parrish R. Heath, in order to protest the pro- posed paving project of a certain block on North Tenth Street. Mrs . Per- sky is the owner of a piece of property which would be involved in the proposed paving of this street, and I have enclosed a copy of Mr. Heath's letter which will more ,fully describe the amount of frontage and the assess- ment applicable in her case. Because I will be in Denver May 8th, I will be unable to appear before the Board of Aldermen to personally voice my dissent in Mrs. Persky's behalf, and I have therefore designated Mr. Dee Gilmore, the adjacent property owner to represent me in protesting against this project. For over six years we have tried to lease or sell this property, at an ex- tremely low figure, without success. We have paid taxes on the property without any income whatsoever year after year. The proposed amount of assessment as indicated in Mr. Heath's letter is over 25% of the TOTAL VALUE of this property. We can see no benefits resulting from such a paving project, and we respectfully request that the City not undertake this work at this time. Very truly yours, H �rold E. Cooper HEC:mc cc: Mr. Dee Gilmore