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Min 02/12/1968 1155 Wichita Falls, Texas Memorial Auditorium Building February 12, 1968 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 Leroy Daniel Z Max Kruger X Aldermen Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk James M. Davis Absent The invocation was given by Alderman Hill. The visitors were welcomed by Mayor Rancier. Item 3 Moved by Alderman Kruger that the minutes of the meeting held January 22, 1968, be approved. Motion seconded by Alderman Schenk, and carried unanimously. Item Sa In the absence of James Davis, Chairman of the Car Tax Committee, Alderman Schenk reported that the Council Committee recommended that collection of tax on private automobiles be discontinued, but that the tax be continued on automobiles used as bus- iness vehicles, as these are assessed as business personal property. It is believed that present state statutes do not enable the City to set up reasonable collection procedures, thus allowing many people to ignore the tax without fear of consequences. Only two out of three people or approximately 65 per_.cent, are presently paying these taxes, and it is believed this is- about the maximum that can be expected, even with continued efforts. RESOLUTION NO. 769 WHEREAS, after an extensive study, the Board of Aldermen of the City of Wichita Falls has determined that the ad valorem tax on personal automobiles is an inequitable tax, and it is impossible to collect this tax equally and uniformly from the owners of personal automobiles. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby directed to take the necessary steps to eliminate the assessment of ad valorem taxes on private personal automobiles for the year 1968 and future years. Automobiles used as business vehicles will continue to be assessed for taxation, as these comprise an integral part of business personal property. However, the Tax Department and the City Attorney's Department shall continue to collect all outstanding ad valorem taxes assessed against private personal automobiles for the year 1967 and all prior years. Moved by Alderman Hill that the recommendations of the special council committee be accepted in the elimination of automobile tax, and that Resolution No. 769 be passed. Motion seconded by Alderman Schenk, and after the following discussion was carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Daniel, Kruger, and Schenk. Nays: None 1156 Item 5a cont'd Dr. D. C. Burross protested passage of this resolution. It is his conviction that legislation should be passed whereby County Tax Assessors should be required to check car titles when licenses are purchased to see if the automobile is free of taxes. fie feels that cities, school districts, and friends in County government as well as the Texas Municipal League, should all work to get this legislation passed, or either wipe it free from the state statutes as being a taxable item on the rolls. He questioned if this would solve the situation because the money lost will have to be made up in property taxes. He feels that a petition should be made through the legislature in hopes of getting this changed on the state statutes. Alderman Kruger stated that the most the City has been able to collect for the past four or five years has been about 65 percent. He explained that he appreciated Dr. Burross' argument; that it is a valid one, but that they cannot wait until the state makes a change in the statutes. When it does, they might be able to come back and reinstate the tax . Item 5b V Jerry Tillery, of the auditing firm of Jarratt, Toombs, Cocke, and Tillery, expressed appreciation to the employees of the city for their cooperation during their engagement. ✓ Moved by Alderman Schenk that the 1966-67 Audit Report be accepted. Motion seconded by Alderman Kruger, and carried unanimously. Item Sc v Ed Daniel, Director of Planning, presented a request from the Area Health Facilities Planning Commission that it be expanded in total membership, both local i and regional, to obtain assistance from the Department of Health, Education, and Welfare for planning of health facilities. He proposed a 51-member committee representing every hospital in the area. This expansion is also required by law. Since Nortex meets the requirements of 51% of elected officials to receive federal assistance it should be the contracting agency with the Department of Health, Education, and Welfare for planning assistance. Not only health facilities in Wichita Falls will be considered, but all health facilities of the cities and approximately ten to twelve counties covered and proposed to be covered by Nortex, will also be considered. Moved by Alderman Hill that this request be looked upon with favor in expand- ing the Area Health Facilities Planning Commission. Motion seconded by Alderman Daniel, and carried unanimously. Item 6a v � A proposed ordinance was presented establishing a Human Relations Commission. ORDINANCE NO. 2387 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE WICHITA FALLS CODE OF ORDINANCES BY THE ADDITION THERETO OF DIVISION 3, ESTABLISHING THE CITY OF WICHITA FALLS HUMAN RELATIONS COMMISSION; PRESCRIBING ITS DUTIES AND TERM OF OFFICE; AND DECLARING AN EMERGENCY. Moved by Alderman Hill that Ordinance No. 2387 be passed. Motion seconded by Alderman Schenk, and after the following comments was carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Daniel, Kruger, and Schenk. Nays: None Russell Jack Ballard appeared in opposition to this ordinance, stating that it indicated there was discrimination in the city, but that there is no dis- crimination. Mrs. Mary M. Brown, 512 Texas Street, made several remarks concerning the proposed ordinance, stating there was no opposition to a committee being appointed from all areas of the City. She pointed out that there was no discrimination in the labor department. 1157 Item 6a cont'd Mayor Rancier stated that the ordinance does not discriminate with respect to any social, economic, religious, cultural, ethnic, or racial groups, but is presented with no thought in mind but for the good of the people in the whole city. 'Item 6b John J. Roark, Director of Public Works, presented a proposed ordinance governing j demolition of buildings which constitute a fire hazard or are otherwise dangerous to human life. ORDINANCE NO. 2388 AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDINGS OR STRUCTURES WHICH IS OR THREATENS TO BECOME A PUBLIC NUISANCE, OR WHICH CONSTITUTES A FIRE HAZARD OR OTHERWISE DANGEROUS TO HUMAN LIFE OR WHICH IN RELATION TO EXISTING USE CONSTITUTES A HAZARD TO HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF WICHITA FALLS, AND PROVIDING FOR ENFORCEMENT, INSPECTION, DEFINING WHAT IS DANGEROUS, DECLARING A PUBLIC NUISANCE, SETTING UP STANDARDS, PRESCRIBING DUTIES OF BUILDING COMMISSION, BUILDING INSPECTOR AND FIRE MARSHAL, PROVIDING FOR ABATEMENT OF BUILDINGS OR STRUCTURES CONSTITUTING A MENACE TO PUBLIC SAFETY AND FOR THE ASSESSMENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION AS A MUNICIPAL LIEN AGAINST THE PRE- MISES, PROVIDING FOR ADMINISTRATIVE APPEAL',. PROVIDING A FINE FOR VIOLATION, PROVIDING A SAVINGS CLAUSE AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2388 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes : Aldermen Hill, Daniel, Kruger, and Schenk. Nays: None r Item 6c r A proposed ordinance was presented declaring the necessity for paving of Grant Street. f ORDINANCE NO. 2389 AN ORDINANCE DETERMINING THE NECESSITY FOR AND PROVIDING FOR THE IMPROVEMENTS ON GRANT STREET FROM KEMP BOULEVARD TO AVENUE I, IN THE CITY OF WICHITA FALLS, TEXAS, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, AND PROVIDING SUNDRY AND OTHER MATTERS INCIDENT THERETO. Moved by Alderman Schenk that Ordinance No. 2389 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Daniel, Kruger, and Schenk. Nays: None v ✓ At this time Alderman Hill read a letter of resignation as Alderman Place 1, to be effective March 31, 1968, and presented it to the Mayor. He stated that he is resigning to seek the office of Mayor in the April 2 city election. Moved by Alderman Kruger that Mr. Hill's resignation be accepted, and that he wished him every success in his endeavor for mayor. Motion seconded by Alderman Daniel, and carried unanimously. Since it was necessary for Alderman Daniel to make an out-of-town trip, and due to the inclement weather., he left the Council chambers at this time. Item 4a Mayor Rancier opened the public hearing for curb and gutter improvements on Fairway Boulevard. i 1158 Item 4a cont'd Mr. James Morgan, 5112 Fairway Boulevard, inquired whether the assessment was for curb and gutter only, or for sidewalks as well. He was informed by the Mayor and City Manager that no assessment would be made for sidewalks. Mr. R. H. Reddell, 4600 Meadow Lake, stated that he would like for someone to explain how this would improve his property value by the amount of the assessment. City Manager Jack Davis explained that courts have held that the value improves unless the property owner can prove otherwise. He also stated that the primary purpose of this street was to give residents in Meadow Lake Addition access to Southwest Parkway. He further explained that the only charge that will be made is for curb and gutter; that most major cities in Texas assess street construction as well as curb and gutter on bond program streets. Mr. Reddell disagreed that it will increase the value of his property. He did not oppose the assessment as such. There were no others who desired to be heard on the Fairway project. / ORDINANCE NO. 2390 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING FAIRWAY BOULEVARD FROM SOUTHWEST PARKWAY TO LAKE SHORE ROAD 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 RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPY- ING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2390 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen !-sill, Kruger, and Schenk. Nays: None � r Item 4b Mayor Rancier opened the public hearing on airport zoning regulations. A resolution was also presented regarding appointment of an Airport Zoning Commission. f. r RESOLUTION NO. 770 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Planning Board of the City of Wichita Falls is hereby appointed as an Airport Zoning Commission, to recommend airport zoning regulations and the bound- aries of the various zones to be established in connection therewith. Such commission shall make a preliminary report, hold a public hearing or hearings thereon, and submit to the Board of Aldermen a final report, as authorized by Article 46e-5 of Vernon's Annotated Texas Statutes. As no one desired to be heard on airport zoning regulations, it was moved by Alderman Hill that the public hearing be closed, and that Resolution No. 770 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor. Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 7a A proposed Resolution was presented stating the intent of the Board of Aldermen to re-name portions of certain streets. f 1159 Item 7a cont'd f RESOLUTION NO. 771 j BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: When the construction and improvement of portions of the following streets author- ized under the 1967 Capital Improvements Bond Issue have been completed, it is the intention of the Board of Aldermen to re-name the portions of such streets to Midwestern Parkway. . These streets are Call Field Road, Archer Street, Hamilton Boulevard from Archer to Hampstead, Hampstead Lane from Hamilton to Jacksboro Highway, and 37th Street from Jacksboro Highway to U.S. 281 Expressway. The Planning Department is directed to publicize this intention, so that businesses and residents located on these streets may have ample notice thereof. Moved by Alderman Schenk that Resolution No. 771 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 7b John J. Roark, Director of Public Works, presented a proposed resolution requesting the Texas Highway Department to improve U.S. Highway 281 from 30th Street to Cynthia Lane. sl RESOLUTION NO. 772 WHEREAS, the citizens of Wichita Falls, by majority vote on September 28, 1967, approved the 1967 Capital Improvements Program, and, WHEREAS, the 1967 Capital Improvements Program included a project for the widening of Hampstead Lane in the vicinity of U.S. Highway 281, and, WHEREAS, the construction of the Hampstead Lane Project will necessitate the widening and .channelization of the intersection of Hampstead Lane and U.S. Highway 281, and, WHEREAS, that section of U.S. Highway 281 between 30th Street and Cynthia Lane had an annual average daily traffic volume for 1967 of 24,059 vehicles per day, which volume was the highest traffic volume recorded within the City of Wichita Falls, and, WHEREAS, that section of U.S. Highway 281 between 30th Street and Cynthia Lane recorded 63 vehicle accidents during calendar year 1967, as shown on the attached accident diagram, and, WHEREAS, that section of U.S. Highway 281 between 30th Street and Cynthia Lane is a rural section with a discontinuous median and is in need of upgrading; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Texas Highway Department is requested to reconstruct, widen, and channelize that section of U.S. Highway 281 between 30th Street and Cynthia Lane, within the City of Wichita Falls. The Texas Highway Department be informed that the City of Wichita Falls agrees to participate in the cost of the reconstruction, widening, and channelization of the above facility in an amount as determined by established policies of the Texas Highway Department. Moved by Alderman Hill that Resolution No. 772 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None 1160 i Item 7c r" Authority was requested to institute condemnation proceedings in order to obtain land for construction of an elevated water storage tank near the Capehart Housing area. RESOLUTION NO. 773 WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore completed a study and approved the plans for the construction of a 1,000,000 gallon steel elevated water tank to be located on a tract of land out of the A- R. Collins Survey, Abstract 414, Wichita County, Texas; said tract being described by metes and bounds as follows: BEGINNING in the east line of the said A. R. Collins Survey at a point 2,556.6 feet north 00004' east of the southeast corner of the said A. R. Collins Survey, said point also begin 15 feet north of the northwest corner of the B. F. Lindsey Survey, A-534, said point also being in the north line of Puckett Road to the west; THENCE west along the north line of Puckett Road a distance of 25 feet to the beginning of a curve to the left with a radius of 380.99 feet, the tangent to the curve at this point bearing due west; THENCE along the said curve to the left a distance of 158.1 feet to a point for the end of the said curve to the left and the beginning of a curve to the right with a radius of 329.88 feet, the common tangent to the curves at this point bearing S660 131W; THENCE along the said curve to the right a.'distance of 69.72 feet to a point on the curve, the tangent to the curve at this point bearing S780201W; THENCE north 00004' east 143.12 feet to a point on the north line of the Puckett tract; THENCE south 89°55' east 245 feet along the north line of the Puckett tract to a point in the east line of the said A. R. Collins Survey; THENCE south 00004' west 89.5 feet along the east line of the said A. R. Collins Survey to the point of beginning; Said tract being conveyed containing 0.607 acres, more or less. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has found that the public necessity requires the location, construction, operation and main- tenance of said steel elevated water tank be on the above described land. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has found and determined that the fee simple title in and to the land described above is suitable for such purposes and that it is necessary to acquire same for such constr- uction, operation and maintenance of said steel elevated water tank. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager be and he is hereby authorized and directed to file or cause to be filed against all owners and lienholders proceedings in eminent domain to acquire the fee simple title to the land described above when any such owner and the City Manager, through duly authorized representatives, have failed after negotiating to agree upon the fair cash market value of said land. Moved by Alderman Schenk that Resolution No. 773 be passed. Motion seconded by Alderman Hill, and carried by the following voter Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None i Items 7d 4 e These items concerning grazing leases at Lake Arrowhead and operating agree- ment with M. 0. Rife were passed over. 1161 ✓ Item 7f A proposed resolution was presented correcting a list of election judges. RESOLUTION NO. 774 WHEREAS, on January 22nd, the Board of Aldermen of the City of Wichita Falls adopted Resolution No. 763, calling an election on the 13th day of February, 1968, and appointing election officers to hold such election, and WHEREAS, some of the election officers so appointed will be unable to serve, and it is necessary to appoint other persons to serve in their stead. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. At the election to be held on the 13th day of February, 1968, the following election officers are hereby appointed to take the place of the parties appointed to hold said positions in Resolution No. 763: In election Precinct No. 8, Mrs. Al Flack, Jr. shall be Alternate Presiding Judge. In election Precinct No. 10, Mr. Robert Cobb shall be Presiding Judge. In election Precinct No. 13, Mrs. J. W. England shall be Alternate Presiding Judge. In election Precinct No. 21, Mrs. T. M. Moore shall be Alternate Presiding Judge. In election Precinct No. 22, Mrs. Bill Graham shall be Alternate Presiding Judge. In election Precinct No. 25, Mrs. D. A. Shook shall be Presiding Judge, and Mrs. Kermit Baker shall be Alternate Presiding Judge. In election Precinct No. 26, Mrs. Coyal Francis shall be Alternate Presiding Judge. SECTION 2. By approving and signing this resolution the Mayor officially confirms his appoi�ntment of the aforesaid election officers to serve at said election, and by adopting this resolution the Board of Aldermen of said City approves and concurs in the appointment of the aforesaid election officers. Moved by Alderman Schenk that Resolution No. 774 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 7g r A proposed resolution was presented accepting Texas Highway Department Minute Order No. 60362 for F.M. Road to Lake Arrowhead. r RESOLUTION NO. 775 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the provisions of Minute No. 60362, designating certain Farm to Market Roads to serve Lake Arrowhead, passed by the Texas Highway Commission on January 16, 1968, are acceptable to the City of Wichita Falls, and said Minute Order is hereby accepted. It is hereby ordered that the City of Wichita Falls cooperate with the State Highway Department, with Archer County, and with Clay County, in providing all required right of way free of cost to the State Highway Department, including the removal on adjustment of all utilities, pipelines, power lines, telephone lines and other encroachments. Moved by Alderman Schenk that Resolution No. 775 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 7h This item regarding appraisal of property on Kell Freeway passed over. City J i 1162 Item7h cont'd Manager Jack Davis stated that due to the death of Leroy Wilkins, appraisals would not be ready for a while. Item 8a John J. Roark, Director of Public Works, recommended award of the low bid for concrete work on parking lots at Ninth and Ohio to Frank McGrath in the amount of $6,305.00. Moved by Alderman Schenk that the low bid of Frank McGrath be accepted in the amount of $6,305.00. Motion seconded by Alderman Hill, and carried unanimously. City Manager Jack Davis stated that no bids were received on the Flood Street drainage project; that the contractors stated they were too busy. The City Manager desired that it be known that the City did not intend to schedule its work for the benefit of the contractors; that they would do the work themselves if they cannot get bids taken on their projects. He stated that the City was criticized by these contractors because they were doing some work on Kemp Boulevard; that the City prefers contract work, but they will have no choice if they 'do not get reasonable and competitive bids. /Item 8b ' f David G. Alford, Director of Public Safety, recommended award of the bid for a fire truck to American La France in the amount of $64,857.00. Ward La France, who submitted the low bid, did not comply with the specifications. Moved by Alderman Hill that the bid of American La France be accepted in the amount of $64,857.00. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None V ``Item 8c Ben Shelton, Director of Finance, presented the tabulation of bids received on ff the property located at Dallas Street and U.S. Highways 281, 287, and 82 (Locationl), t� and Bonds Street at U.S. 82-287 Expressway (Location 2). It was recommended that all bids received on Location 1 be rejected since the surrounding properties have a much higher front foot value than the bids received. He also recommended that the high bid of Grant Adkins be accepted in the amount of $1,010.00 for Location No. 2. Moved by Alderman Kruger that the high bid be accepted on Location No. 2, and that the Mayor be authorized to sign the deed; also that Location No. 1 be put up for sale again at a later date. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 8d City Manager Jack Davis stated that only one bid was received for the Bridwell Park Bandstand reconstruction, and he recommended that it be rejected and readvertise ✓ for bids. The bid received was too high for the fund allocation. Moved by Alderman Kruger that the City Manager's recommendation be accepted. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None 1163 -'Item 9a Lloyd Rigby, Director of Parks and Recreation, requested approval of Change Order No. 2 for Hamilton Park Tennis Center contract in the amount of $136.00 for additional labor and materials in supplying underground electrical service. Moved by Alderman Schenk that Change Order No. 2 be approved. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 10a, b, c Permission was requested to advertise for an annual supply of tires and tubes, tire recapping service, and 80 tons of fertilizer for the Park Department. Moved by Alderman Kruger that authority be granted to advertise for bids as requested. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Ite_ m 110d_ Permission was requested by John J. Roark, Director of Public Works to advertise for bids for the Central Business Districtdrainage project. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. J Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None 3 Item l0e i' Permission was requested to advertise for bids on the 1968 Slurry Seal program. Moved by Alderman Hill that authority be granted to advertise for bids as requested. t Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Schenk, and Kruger. Nays: None Item lOg V Lloyd Rigby, Director of Parks and Recreation, requested permission to advertise for bids for roadway and trailer parking construction at Lake Arrowhead Shoshoni Park. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Schenk, and Kruger. None: None ` Item 10f Permission was requested to advertise for bids for the 1968 Street Surface Overlay program. 1164 Item 10f cont'd Moved by Alderman Kruger that authority be granted to advertise for bids as requested. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Schenk, and Kruger. Nays: None Item lla $ b Moved by Alderman Schenk that the minutes of the meetings of the Park Board �. held January 23, 1968, and the Electrical Advisory Board held January 9, 1968, be received. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Item 12a t v John J. Roark, Director of Public Works, presented a request from American Trust Insurance Company to utilize sub-surface easements for basement parking approximately 100 feet north on Scott Street. It was recommended that a permit be granted to American Trust under the same conditions listed below which were recommended by the City Attorney in April 1966 when they extended the basement under the sidewalk to the curb line on Scott and Eighth Streets. 1. The use which the owner plans to make of the underground portion must not interfere with any existing public use. 2. The City has the superior right to reduce the premises in question to possession as and when necessary for such to be done for public purposes and even prior thereto to regulate and control the same as essential for the protection of the public safety and convenience. 3. In the event the City, or any public utility company, should find it necessary to re-route underground lines in the street adjacent to this property, or to re-design the manner of their installation, with an attendant increase of expense, as a direct result of the owner's use of the area under the sidewalk, the increase of expense occasioned thereby shall be paid by and assessed against the owner. 4. City shall reserve the right to terminate the granting of this permit whenever in the City's judgment same might become inconsistent with the public use thereof, or when it might become a nuisance. Moved by Alderman Schenk that a permit be granted to American Trust under the above conditions. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Schenk, and Kruger. Nays: None Item 11 a-1 Mr. Lloyd Rigby, Director of Parks and Recreation, presented a request from Funland that they be permitted to install the following amusement devices as prev- iously approved by the Park Board. These devices are for wholesome entertainment of older children. a. Shooting Gallery b. Two Ski Ball Games c. Shooting Waters d. High Striker Moved by Alderman Schenk that Funland be permitted to expand their facilities as outlined. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None 1165 Item 13 Moved by Alderman Kruger that water reimbursement contract payments in the amount of $409.64, and sewer reimbursement contract payments in the amount of $110.621, be approved in a total amount of $520.26, as follows: C. W. L. Dennis-Elmer L. Dennis Construction Company, Water, North Indian Heights Addition from January 15, 1967, to January 15, 19681 $409.64 Our Lady Queen of Peace School, Sewer, Our Lady Queen of Peace School, 4000 York, from January 31, 1967, to January 31, 1968; $15.55 B. D. Norris, Sewer, Blocks 11-12-13 of Edgemere South Addition from January 4, 1967, to January 3, 1968; $95.07 Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Mayor Rancier stated that Mr. John Roark had been nominated for selection as one of the top ten Public Works men in the United States. It was the desire of the Council that their complimentary remarks be placed in the form of a resolution, and sent along J' with his application. The motion was made by Alderman Kruger, and seconded by Alderman Hill, and Resolution No. 776 was passed by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Kruger, and Schenk. Nays: None Moved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Hill, and carried unanimously. The Board of Aldermen adjourned at9:20 P.M. PASSED AND APPROVED this , %1,/-""day of , 1968. r Mayor",,— ATTEST: _k, City Clerk