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Min 12/11/1967 11L1 Wichita Falls, Texas Memorial Auditorium Building I December 11, 1967 Item_ s 1 4 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 I Aubrey L. Wilson X James M. Davis X Aldermen Leroy Daniel X Max Kruger X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Cletus C. Schenk Absent The invocation was given by Alderman Hill. Item 3 Moved by Alderman Kruger that the minutes of the meetings held November 21 and November 240 1967) be approved. Motion seconded by Alderman Hill, and carried unanimously. Mr. Frank Medanich, of the First Southwest Company in Dallas, presented a res- olution approving the action taken by the Hospital Board on November 21, 1967. ✓ ° RESOLUTION NO. 741 APPROVING WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD REVENUE BONDS, SERIES 1967, IN THE PRINCIPAL AMOUNT OF $1,200,000 THE STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS WHEREAS, on November 211 1967, the Wichita County-City of Wichita Falls, Texas, Hospital Board adopted a resolution authorizing the issuance of Wichita County-City of Wichita Falls, Texas, Hospital Board Revenue Bonds, Series 1967, in the principal amount of $1,200,000, which resolution is officially on file in the records of said Hospital Board; and WHEREAS, pursuant to Section 8 of Article 4494i-1, Vernon's Annoted Texas Statutes, the aforesaid Hospital Board is not authorized to deliver any bonds unless the issuance thereof is approved by resolutions adopted by the Commissioners Court of Wichita County and the Board of Aldermen of the City of Wichita Falls, respectively. THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That the issuance of the bonds described in the preamble hereof is hereby approved by the Board of Aldermen of the City of Wichita Falls, Texas. 2. That such bonds shall be issued and delivered as soon as practicable in accordance with the terms and provisions of the aforesaid resolution authorizing the issuance of such bonds adopted by said Hospital Board on November 21, 1967. Moved by Alderman Kruger that Resolution No. 741 be passed. Motion seconded by Alderman Wilson, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None 1122 Item 4 r A proposed appropriation ordinance was presented appropriating an additional $20500.00 to be placed in an account to be combined with the $7,500.00 now appropriated to pay $5,000.00 each to the North Texas Rehabilitation Center and North Texas Mental Health Center. City Manager Jack Davis stated that he had met with Mr. Thompson, of the North Texas Mental health Center, who had requested that they be allowed to meet with the Council at a later date and make a plea for reinstatement of the $2,500.00. ORDINANCE NO. 2376 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 091-0006, AND DECLARING AN EMERGENCY. Moved by Alderman Hill that Ordinance No. 2376 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None Item 5a A proposed ordinance was presented declaring the necessity for improvements of Fairway Boulevard under the 1967 Capital Improvements Program. ORDINANCE NO. 2377 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF FAIRWAY BOULEVARD FROM SOUTHWEST PARKWAY TO LAKESHORE ROAD IN THE CITY OF WICHITA FALLS, TEXAS; ADOPTING THE PLANS AND SPECI- FICATIONS THEREFOR, DIRECTING ADVERTISEMENT FOR BIDS AND PROVIDING SUNDRY AND OTHER MATTERS INCIDENT THERETO: Moved by Alderman Davis that Ordinance No. 2377 be passed. Motion seconded by Alderman Wilson, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None At this time the Mayor recognized Linda Bogan, Miss Iowa Park, who is rep- resenting the Hemisfair of San Antonio. She presented City Manager Jack Davis with tickets to the Hemisfair for the Mayor and Council. She also designated Mayor Rancier an official ambassador to the Hemisfair from Mayor McAllister of San Antonio. Item 5b Ed Daniel, Director of Planning, presented a request from First Methodist Church for an alley closure in Block 191, Original Townsite. k ORDINANCE NO. 2378 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY THROUGH BLOCK 191 OF THE ORIGINAL TOWNSITE OF THE CITY OF WICHITA FALLS, TEXAS, AND RESERVING A UTILITY EASEMENT. Moved by Alderman Daniel that Ordinance No. 2378 be passed. Motion seconded by Alderman Wilson, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays : None 1123 i , r Item 6a John J. Roark, Director of Public Works, requested permission to negotiate for right-of-way on Flood Street drainage project. Appsaandlresolution were s was e p� requestedd, with . on 30 tracts of land, and approval of the appraisa In the event negotiations fail on the appraised values, then authority to enter into condemnation proceedings is requested. v RESOLUTION NO. 742 WHEREAS, the City of Wichita Falls is preparing to commence construction of the Flood Street Drainage Project NC-E-6, No. 52-084, which was one of the projects author- ized under the 1967 Capital Improvements Program; and, WHEREAS, a right of way map has been prepared, which shows all of the right of way which must be acquired for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The acquisition of such tracts of land as shown on this right of way ent of the City of Wichita Falls is necessary map prepared the Public Works Departm for a public purpose. SECTION 2. The City Manager is hereby authorized to purchase, by warranty deed or by eases nt, sucr each The authorized ttractlisdthe appraisedas shown ons value lastdetermined of waypby the independent price to be paid fo real estate appraiser employed by the City. SECTION 3. In the event the City Manager is unable to purchase any such tract or tracts or such appraised value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts. Moved by Alderman Kruger that Resolution No. 742 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None Item 6b John J. Roark, Director of Public Works, presented a request for permission to negotiate for two appraised tracts of land required for right-of-way on Fairway Boulevard. Approval of the appraisals and resolution was requested, along with authority to enter into condemnation proceedings, if necessary. A map and list of appraised values was presented. % RESOLUTION NO. 743 WHEREAS, the City of Wichita Falls is preparing to commence construction of the Fairway Boulevard Project No. 52-078, which was one of the projects authorized under the 1967 Capital Improvements Program; and, WHEREAS, a right of way map has been prepared, which shows all of the right of way which must be acquired for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The acquisition of such tracts of land as shown on this right of way map prepared Fy the Public Works Department of the City of Wichita Falls is necessary for a public purpose. hereby authorized to purchase, by warranty deed SECTION 2. The City Manager is or by easement i such . The authorized for each ttract s of lisdthe appraised as shown on svalue aid last of way pdeterminedby the independent price to be pad real estate appraiser employed by the City. SECTION 3. In the event the City Manager is unable to purchase any such tract 1124 Item 6b cont'd or tracts for such appraised values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts. Moved by Alderman Hill that Resolution No. 743 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None r Item 7a Joe Smith, Director of Public Utilities, recommended award of the bid for the North Beverly Water Main extension to Panhandle Construction Company in the amount of $65,156.55. Moved by Alderman Wilson that the bid for the North Beverly Drive water main extension from Maurine Street north to the Expressway be awarded as recommended. z Motion seconded by Alderman hill, and carried unanimously. Item 7b John J. Roark, Director of Public Works, recommended award of the contract for hot-mix asphaltic concrete surface course on the 1968 Street Reconstruction Program to R. 0. Green Construction Company in the amount of $29,767.24. Since Asphalt , Pavers, Inc. , submitted an identical bid, a coin toss was held to decide the low bidder. j' "loved by Alderman Kruger that the bid for hot-mix asphaltic concrete be awarded as recommended. Motion seconded by Alderman Davis, and carried unanimously. Item 8a John Ruhmann, Director of Water Development, of final estimate in the amount of $14,191.20 and acceptanceaofequest guard railaonroval Lake Arrowhead dam. Final estimate shows an over run of $218.70 over the contract amount of $33,436.80 for 112 1/2 feet of extra guard rail, for a total amount of $33,655.50. RESOLUTION NO. 744 WHEREAS, the City of Wichita Falls and Big State Construction Company entered into a contract dated July 18th, 19670 wherein said contractor agreed to construct a steel plate guard rail fence along the road across the dam at Lake Arrowhead in Clay County, Texas; and, WHEREAS, the project has been completed in accordance with the plans and specifications; and, WHEREAS, Estimate No. 2 (final estimate) has been furnished on such project, which shows the total amount of work done as $33,655.50, of which $19,464.30 has previously been paid to the contractor, leaving a balance due of $14,191.20. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the above project by said contractor is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay to the contractor the amount due as shown on such estimate. Such acceptance and final payment shall not relieve the contractor of the requirements of any guarantee contained in said contract. Moved by Alderman Davis that Resolution No. 744 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: 1125 Item 8a cont'd Ayes: Aldermen Hill, I1`ilson, Davis, Daniel, and Kruger. Nays: None City Manager Jack Davis explained that the Highway Department does not want to maintain the road across the top of the dam in the event it becomes a state highway. un Mayor Rancier stated that theCity of ita forla}lmotionlls in thisrstands respectthat it will maintain the road across the dam, b of aining Moved by Alderman Daniel that the City acceptte buildsearstatesibility highway to LaketArrowhead the road across the dam in the event the for the city and surrounding counties. Motion seconded by Alderman Wilson, and carried unanimously. Item 8b John P. Ruhmann, Director of Water Development, requested approval of final estimate and acceptance of roadway and embankment at Bridwell Tank at Lake Arrowhead. Final estimate is in the amount of $3,395.70. The final amount expended was $133.20 over the contract price for extra roadway embankment. J RESOLUTION NO. 745 WHEREAS, the City of Wichita Falls and IIeber Brantely, entered into a contract dated September llth, 1967, wherein said contractor agreed to construct a roadway e Arrowhead in Clay County, Texas; and, and embankment at Bridwell tank at Lak WHEREAS, by letter dated November 28th, 1967, Homer A. Hunter Associates, the consulting engineers on the project, notified the City that the project has been completed in accordance with the plans and specifications and recommends final accept- ance of the project and final payment to the contractor; and, WHEREAS, said engineers furnished with such letter a copy of Estimate No. 2 (final estimate) on the project, which shows the total amount of work done as $20,833.20, of which $17,437.50 has previously been paid to the contractor, leaving a balance due of $3,395.70. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the above project by said contractor is accepted by the City of Wichita Falls, Estimate No. 2 (final estimate) is approved, and the City Manager is directed to pay to the contractor the balance due as shown on such estimate. Such acceptance and final payment shall not relieve the contractor of the requirements of the guarantee contained in said contract. Moved by Alderman Kruger that Resolution No. 745 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None Item 8c Approval of Change Order Number 2 to the contract with M. M. Yancey Construction quested in the net additional amount of $391.91. Company for airport remodeling was re 4 � Moved by Alderman Davis that Change Order No. 2 be approved in the amount of $391.91. Motion seconded by Alderman Daniel, and carried unanimously. Item 9a bids for K. G. Wilks, Purchasing Agent, requested permission to advertise for/the following equipment: a. 20 automobiles `', E b. 2 - Service Cycles 1126 Item 9a cont'd c. 6 - one-half ton Pickups d. 4 - three-fourths ton-Pickups e. 2 - 14,000 GVW Trucks f. 1 - 18,000 GVW Truck g. 3 - 239000 GVW Trucks h. 1 - Utility Tractor City Manager Jdck Davis explained that two other vehicles were also needed, for a total of 41 vehicles. a. Fire Department grass truck b. Parks and Recreation truck Moved by Alderman Daniel that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wilson, and carried unanimously. d Item 9b r Permission was requested by John J. Roark, Director of Public Works, to advertise for bids for the construction of Fairway Boulevard, from Southwest Parkway to Lake Wichita. This project is part of the 1967 Capital Improvements. Program. Moved by Alderman Hill that authority be granted to advertise for bids as requested. Motion seconded by Alderman Kruger, and carried unanimously. Item 9c Mr. Roark also requested permission to advertise for bids for the improvement of the Flood Street drainage channel between the Wichita River and Bonner Street. This is also part of the 1967 Capital Improvements Program. tie .explained that this project will be the improvement of an existing channel. It will be concrete lined, fenced with chain link fence, with a sidewalk on one side. Trees and shrubbery will be ✓ planted, and a sprinkler system installed. It will also be lighted. Ptoved by Alderman Wilson that authority be granted to advertise for bids for Flood Street drainage project. Motion seconded by Alderman Davis, and carried unanimously. Item 9d City Manager ,rack Davis requested authority to advertise for bids for sale of G� two tracts of city-owned property. These parcels are located at the intersection Of Scott Street and U.S. Highway 287, and at the Jasper Street Water Plant adjacent to the Expressway. No future need can be foreseen for these pieces of property. � Moved by Alderman Daniel that authority be granted to advertise for bids for sale of two tracts of city-owned property, as requested. Motion seconded by Alderman Bill, and carried unanimously. Item 10 City Manager Jack Davis presented a request from Super Slide East, Inc. , for a Permit to operate an amusement slide in Parker Square. Ile recommended that a permit be granted for one year, conditioned upon proof of liability insurance, a copy of which must be filed with the City Clerk's office. Discussion was held on the amount of insurance which should be required. Moved by Alderman Daniel that application for a permit be approved for one year, conditioned upon proof of liability insurance acceptable to the City of Wichita Falls in the following minimum amounts : $250000 per person, and $100,000 per accident. Copy of insurance policy must be filed in City Clerk's office. 1127 Item 10 cont'd Motion seconded by Alderman Hill, and carried unanimously. Item 11 Moved by Alderman Hill that the minutes of the meeting of the Electrical Advisory Board held November 14, 19670 be received. Motion seconded by Alderman Daniel, and carried unanimously. Alderman Hill commended Kelvin Vest for his perseverance in obtaining a master electrician's license. f Item 12 Moved by Alderman Kruger that water reimbursement contract payments in the amount of $762.57, and sewer reimbursement contract payments in the amount of $3,196.74 be approved in the total amount of $3,959.31, as follows: R. D. Montgomery and C. B. Johnso4, Water, Section One, Montgomery-Seymour Heights Addition from November 17, 1966, to November 17, 1967; $762.57 Hawkeye Development Company, Sewer, University Park Addition, Sections E-1 and D-1 from November 30, 1966 to November 30, 1967; $1,130.30 University Park Corporation, Sewer, University Park Addition, Exhibit A from November 300 1966, to November 30, 1967; $879.56 Sunnyside Development Company, Sewer, Second Section of Sunnyside heights Addition from November 30, 1966, to November 30, 1967; $324.83 Hughes Development Company, Inc. , Sewer, Hughes Development Company, Inc,, Faith Village #3 from November 18, 1966, to November 18, 1967; $610.51 Lots, Inc. , A Texas Corporation,, Sewer, Colonial Park Addition, Section A, from November 17, 1966, to November 17, 1967; $251.54 Motion seconded by Alderman Davis, and carried unanimously. Item 13 City Manager Jack Davis requested authority for the Mayor to execute a pipeline license with M-K-T Railroad Company. ✓ RESOLUTION NO. 746 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The pipeline license dated October 20th, 1967 with M-K-T Railroad Company which permits the crossing by a twenty inch (20") water line of said railroad's right of way approximately three thousand feet (30001) southeast of Mile Post No. 5, is approved, and the Mayor is authorized to execute such pipeline license for the City of Wichita Falls. Moved by Alderman Hill that Resolution No. 746 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Nilson, Davis, Daniel, and Kruger. Nays: None Item 14 City Attorney H. P. Hodge, Jr. , explained that First Wichita National Bank had requested that the City execute an indemnity agreement against any possible claims for the termination of the old cemetery trust fund. Authority was requested for the Mayor to execute such agreement. 1128 Item 14 cont'd RESOLUTION NO. 747 WHEREAS, by Resolution No. 717 the Board of Aldermen of the City of Wichita Falls terminated that certain cemetery perpetual care trust fund created by trust agreement dated September 12th, 1956, and the City has requested that the First-Wichita National Bank, trustee, deliver the assets on hand in said trust fund to the City of Wichita Falls; and, - WHEREAS, such bank has requested that the City indemnify and hold harmless the bank for the relinquishment of said trust fund to the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TIIE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor is authorized to execute an agreement whereby the City of Wichita Falls agrees to indemnify and hold harmless the First-Wichita National Bank individually or in its fiduciary capacity, for any claim, rights, liability, or causes of action that might arise out of and as a result of said bank's termination of said trust and delivery of said funds to the City of Wichita Falls. Moved by Alderman Kruger that Resolution No. 747 be passed. Motion seconded by Alderman Wilson, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None Item 15 Authority was requested for the City Manager to execute grazing leases at Lake Arrowhead on land which has not yet been inundated. Each property owner who previously owned the land would be given the first right of refusal. /RESOLUTION NO. 748 WHEREAS, the City of Wichita Falls owns many acres of land in the Lake Arrowhead basin which have not yet been inundated by the lake, and it would appear to be advisable to execute grazing leases on such lands as are not now being used. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to establish the current reasonable rental for grazing leases on these lands, and to execute such leases on behalf of the City of Wichita Falls. Moved by Alderman Daniel that Resolution No. 748 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Hill, Wilson, Davis, Daniel, and Kruger. Nays: None Mayor Rancier commended an editorial which appeared in the paper on y`December 9, entitled, "Let's be Judicious." Moved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Daniel, and carried unanimously. The Board of Aldermen adjourned at 8:45 P.M. PASSED AND APPROVED this /�'/-day of , � 19 (� . ATTEST: Mayor y City Clerk