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Min 03/11/1968 r 1176 Wichita Falls, Texas Memorial Auditorium Building March 11, 1968 Items 1 & 2 f 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 P.M., with the following members present: R. C. Rancier Mayor R. Kenneth Hill X James M. Davis X 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 Davis. Item 3 Moved by Alderman Hill that the minutes of the meeting held February 26, 1968, be approved. Motion seconded by Alderman Kruger, and carried unanimously. City Attorney H. P. Hodge, Jr. , explained that in the minutes of February 12, two items were omitted by error, but that they had been corrected, and corrected copies distributed accordingly. He requested that the correction be approved. Moved by Alderman Hill that the minutes of February 12 be approved as corrected. Motion seconded by Alderman Kruger, and carried unanimously. ✓ Mayor Rancier recognized Bill Morgan and John Mark Hirschi, who represented the Wichita Falls Symphony. Mr. Morgan thanked the Council for their permission to use Wichita Willie as a symbol of Wichita Falls for use with their symphony orchestra symbol. They presented the Council, along with the City Manager, City Attorney, and City Clerk, a pin symbolizing the symphony orchestra campaign. Mayor Rancier expressed wishes for greatest success to the Symphony in their campaign. Item 8a A request to open alleyway in Block 25, Section 2 Sunset Terrace addition between Pecos and Aspen, was considered. City Attorney H. P. Hodge, Jr. , stated that the plat was an unusual type of thing in his experience; that usually it will have an alley or utility easement. In this case it is not clear from the official plat just what strips were dedicated, and for what purpose. In the opinion of Edwin Leuke, an assistant to Mr. Hodge, there was not sufficient information on the plat to determine whether there was an alley dedication. Much discussion was had by various members of the Council. Mr. Orville Snyder of 4102 Pecos, appeared in opposition to moving his fence. He does not feel that he has fenced in any part of the utility easement. There are others who have fences involved, also. Mrs. Jean Smith, 4105 Mustang, spoke in behalf of her brother-in-law, Mr. James C. Smith, Jr. , of 4104 Pecos. She stated that before the tornado the trash was picked up from what they considered the alley, but that the debris prevented the trucks from picking it up there, and they began picking it up from the front of their lots. She stated they wanted to know what their rights were. If they have an alley they would like the trash picked up from the rear. If it is not .an .alley, then what is it supposed to be used for. 1177 Item 8a cont'd Discussion was had on the course of action which might be taken. City Manager Jack Davis stated that the property owners had the right to sue for themselves. Alderman Hill stated that he wondered how the people would feel if the City initiated legal action to determine what the status is. Mayor Rancier felt that it would be good to seek a declaratory judgment. City Attorney H. P. Hodge, Jr. stated it would be advisable for each group to secure their own lawyer to present their case. If they did not choose to do so the City could present the facts as they know them, and let the Court decide. Moved by Alderman Hill that the City Attorney be instructed to take this matter to Court to determine whether there is an alley, and if so, then where it is located, and the boundary lines of the fences, etc. Motion seconded by Alderman Kruger, and carried unanimously. Alderman Hill. explained that they wanted all parties to know that there was no favortism shown to any party involved. Item 4a A proposed ordinance was presented changing the dates of the Council meetings. z ORDINANCE NO. 2399 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY REVISING SECTION 2-1 OF SAID CODE, PRESCRIBING THE TIME AND PLACE OF THE REGULAR MEETINGS OF THE BOARD OF ALDERMEN. Moved by Alderman Kruger that Ordinance No. 2399 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None J ✓ Item 4b A proposed ordinance was presented closing a portion of Jasper Street. 1 , ORDINANCE NO. 2400 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF JASPER STREET OUT OF SIBLEY TAYLOR SECOND ADDITION TO THE CITY OF WICHITA FALLS, SAID PORTION BEING BOUNDED ON THE WEST BY LOTS 8 and 9, BLOCK 22 OF SAID ADDITION, ON THE NORTH BY CITY OF WICHITA FALLS PROPERTY, ON THE EAST BY LOT 8, BLOCK 23 OF SAID ADDITION, AND ON THE SOUTH BY BONDS STREET, AND RESERVING A UTILITY EASEMENT. Moved by Alderman Daniel that Ordinance No. 2400 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None Item 5a A proposed resolution was presented accepting the dedication of East Lincoln Street by prescription. City Attorney H. P. Hodge, Jr. , explained that normally a street can only be dedicated by the people who own the property; however, after ten years of usage it can be declared dedicated by prescription. f- RESOLUTION NO. 782 WHEREAS, the dedicated portion of Lincoln Street terminates when it reaches the north corner of Block 69 and the east corner of Block 68 of the Original Town of Wichita Falls; however, a 50 foot wide street actually continues to the north and east; and, 1178 Item 5a cont'd WHEREAS, although there has never been an express dedication of this extension, it has been used by the public as a street out to the east boundary line of John A. Scott Survey No. 15. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Because of such long public use of this 50 foot street from Blocks 68 and 69 of the Original Town north and east to the east boundary line of the John A. Scott Survey No. 15, it is hereby declared that the public has acquired an easement by prescription over this 50 foot wide strip of land, and that the owner or owners of such land, by acquiescence in such public use, has manifested his intention to dedi- cate the strip to the public, and the City of Wichita Falls hereby accepts such dedication. Moved by Alderman Kruger that Resolution No. 782 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays : None Item 5b Proposed resolutions were presented authorizing proposals for acquisition of property on various projects under the 1967 Capital Improvements Program. RESOLUTION NO. 783 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by an independent appraiser employed for this purpose by the City, and the amount of the appraisal has been studied by the Board of Aldermen, and is now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. The projects, properties, and owners thereof are as follows: Kell Freeway, Project 52-071 Property Owners Lot 4, Block 18-A Mr. & Mrs. E. W. Walls Highland Addition Lot C, Block C. Mr. & Mrs. James Conner Kemp-Kell Joline Addition Lot 3 & West 9 feet Lot 2 Mr. & Mrs. J. E. Griffin Block 74 Southland Addition Lot 1, Block 73 Mr. is Mrs. W. E. George Southland Addition East 28 feet Lot 16 $ Mr. $ Mrs. Porter L. Oakes West 36 feet Lot 17, Block 71, Southland Addition Lot 10, Block 105-A Mr. $ Mrs. George H. Wood Highland Addition Edison Street, Project 52-075 Property Owners South 65 feet, Lots 9 & 10 Mr. & Mrs. C. E. Jackson (less ROW) & Lot 11, Blk 4 Bateson 2nd Addition 1179 Item 5b cont'd Central Business District Drainage, Project 52-082 Property Owners North 10 feet, Lots 1, 2, 3, 4 Lone Star Tool Co. & 5, Block 17, Portions off the North side of Lots 1, 2, 3, 4, and 5. Block 18. All in the Barwise and Jalonick Addition. Part of Lots 1, 219 319 4, $ 5 Morris G. Spencer of Block 19, Part of Lots 1, 2, 3, 4, 5, & 6 of Block 20. All in -the Barwise and Jalonick Addition. Part of Lots 6, 7, and 8. Blk 21 D. M. Biggs Barwise and Jalonick Addition Part of Lots 1 & 2, Block 21 Wichita Falls Cotton Barwise and Jalonick Addition Oil Company Part of Lots 9 £, 10, Block 21 W. IV. Ballard Barwise and Jalonick Addition Combined total of appraisals approved in this resolution -- $74,780.00 Section 2. The appraised value of such properties are hereby approved and the City Manager is hereby authorized to offer to purchase such properties for amount equal to such appraised value. Moved by Alderman Hill that Resolution No. 783 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes : Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None y RESOLUTION NO. 784 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by an independent appraiser employed for this purpose by the City, and the amount of the appraisal has been studied by the Board of Aldermen, and is now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. The projects, properties, and owners thereof are as follows: Kell Freeway, Project 52-071 Property Owner 60' x 130' Abstract 701 Mr. Wayne F. Lee E. A. Austin Survey Lot 9, Block 72 Mr. $ Mrs. C. C. Elliott Southland Addition Combined total of appraisals approved in this resolution -- $22,100.00 Section 2. The appraised value of such properties are hereby approved and the City Manager is hereby authorized to offer to purchase such properties for amount equal to such appraised value. Moved by Alderman Kruger that Resolution No. 784 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None 1180 jItem Sc v A proposed resolution was presented authorizing execution of electrical utility easement to Texas Electric Service Company for Hamilton Park Tennis Center. RESOLUTION NO. 785 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: THAT certain instrument dated February 22nd, 1968, wherein the City of Wichita Falls grants to Texas Electric Service Company an easement for the construction and maintenance of an underground electric distribution system on Hamilton Park is hereby approved, and the City Manager is authorized to execute same for the City of Wichita Falls. Moved by Alderman Kruger that Resolution No. 785 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None Item 5d J A proposed resolution was presented approving execution of a contract with Charles Pinnell and Associates for professional services rendered in the Systems ' ', ✓ Analysis Study of the Sanitation System. City Manager Jack Davis stated that this program is being funded by Department of Health, Education, and Welfare, with them paying two-thirds of the cost, and the City one-third. The City's cost will be mostly computer and personnel costs. John Roark, Director of Public Works, explained that the purpose of this study is to determine criteria so that the system can be optimized. The cost will be approximately $2701,000 over a three-year period. J RESOLUTION NO. 786 v BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: THAT certain contract, to be effective March 15th, 1968, between City of Wichita Fails and Pinnell $ Associates for professional consulting services in connection with the conduct of a demonstration project entitled "Systems Analysis Study of the Container- Train Method of Solid-Waste Collection and Disposal" is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Davis that Resolution No. 786 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None Item 5e A proposed resolution was presented requesting approval of a contract with Newman Osborn Engineering Company for professional services in connection with weighing devices for the Sanitation Study. RESOLUTION NO. 787 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: THAT certain contract between the City of Wichita Falls and Newman-Osborn Engineer- ing Company for their services in connection with the conducting of the Systems Analysis Systems Study of the Container-Train System is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls. Moved by Alderman Davis that Resolution No. 787 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes : Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None 1181 i Item 5f v A proposed resolution was presented authorizing execution of contracts with ,. Fort North and Denver Railway for utility crossings under its right of way along ;-' the Iowa Park Road. RESOLUTION NO. 788 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those certain contracts with Fort Worth & Denver Railway Company authorizing pipelines across its right of way, one dated November 14th, 1967 for a 6" water line, are hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hill that Resolution No. 788 be approved. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None Item 5g John J. Roark, Director of Public Works, recommended award of the bid for the A - Central Business District Drainage project to Charles Cohen, Inc. , in the amount of $686,081.75. It is also recommended that the phase of storm sewer in Travis Street and 14th Street included in his bid in the amount of $101,133,35 be re- included in the contract as late as August 1, 1968, if necessary and desirable. Moved by Alderman Davis that the contract for Central Business District Drainage project be awarded to Charles Cohen, Inc. , in the amount of $686,081.75, with the understanding that the Travis and 14th Street phase be reincluded as late as August 1, 1968, if necessary; also, that the Mayor be given authority to sign the contract. Motion seconded by Alderman Kruger, and carried unanimously, including the Mayor. Item 5h Proposed resolutions were presented giving public notice that action will be taken at the next council meeting concerning loan renewals for renovation of Memorial Auditorium, and purchase of Catholic School Property. RESOLUTION NO. 789 WHEREAS, the City of Wichita Falls has heretofore borrowed the sum of $175,000.00 from the City National Bank in Wichita Falls, for the purpose of improving and furnishing the Memorial Auditorium building; and, WHEREAS, the promissory note given in evidence of such loan is due on or before March 31st, 1968, and it is deemed advisable to make a new temporary loan from said bank in the amount: of $100,000.00 in renewal and extension of a part of said loan; said temporary loan shall be payable on or before September 30th, 1968, at an interest rate corresponding to the market rate of 91 day U. S. Treasury bills as quoted one week preceding the execution of the loan. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice; is hereby given that, at the meeting of the Board of Aldermen on March 25th, 1908, an ordinance authorizing such loan shall be considered by the Board of Aldermen. Moved by Alderman Kruger that Resolution No. 789 be passed. Motion seconded by Alderman dill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Bill, Davis, Daniel, and Kruger. Nays: None 1182 / Item 5h cont'd i ✓ / RESOLUTION NO. 790 WHEREAS, the City of Wichita Falls has heretofore borrowed the sum of $400,000.00 from the City National Bank in Wichita Falls, which sum was used by the City to purchase Block 257 of the Original Townsite of the City of Wichita Falls; and, WHEREAS, the promissory note given in evidence of such loan is due on or before March 31st, 1968, and it is deemed advisable to make a new temporary loan from said bank in renewal and extension of such loan; such temperary loan shall be due on or before September 30th, 1968, at an interest rate corresponding to the market rate of 91 day U. S. Treasury bills as quoted one week preceding the execution of the loan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the meeting of the Board of Aldermen on March 25th, 1968, an ordinance authorizing such loan shall be considered by the Board of Aldermen. Moved by Alderman Davis that Resolution No. 790 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Kruger. Nays: None Item 6a Lloyd Rigby, Director of Parks and Recreation, recommended award of the bid on Bridwell Park Bandstand to M. and F. Litteken Company, Wichita Falls, in the amount of $8,0817.00. This was the only bid received; however, it is within the money available. Moved by Alderman Kruger that the bid for Bridwell Park Bandstand be awarded as recommended. Motion seconded by Alderman Davis, and carried unanimously, including the Mayor. Item 6b Ben Shelton, Director of General Services, recommended award of the low bid for annual supply .of gasoline to Humble Oil and Refining Company in the amount of J $65,160.00. P Moved by Alderman Daniel that the bid for an annual supply of gasoline be awarded as recommended. Motion seconded by Alderman Kruger, and carried unanimously, including the Mayor. Ben Shelton, Director of General Services, recommended award of the low bid for annual supply of tires and tubes to McGinty Tire Company of Wichita Falls in the amount of $27,262.42. Moved by Alderman Kruger that the low bid for an annual supply of tires and tubes be awarded as recommended. Motion seconded by Alderman Daniel, and carried unanimously, including the Mayor. Ben Shelton, Director of General Services, recommended award of the bid for an annual supply of fertilizer for the Park Department to Texoma Fertilizer, Inc. , of Iowa Park, in the amount of $5,405.68. City Manager Jack Davis stated that the low bidder withdrew his bid because he could not produce as requested in the specifi- cations. Moved by Alderman Hill that the bid for fertilizer be awarded as recommended. Motion seconded by Alderman Davis, and carried unanimously, including the Mayor. 1183 Item 6c John J. Roark, Director of Public Works, recommended award of the contract for the 1968 Slurry Seal program to East Texas Paving Company on their low bid of , $184060.00. Moved by Alderman Kruger that the contract for the slurry seal program be awarded as recommended, in the amount of $18,060.00. Motion seconded by Alderman Davis, and carried unanimously, including the Mayor. Item 7 a - e v f� Permission was requested to advertise for bids on the following: `✓. / a. Ditch-digging and cleaning machine b. Traffic Signal Equipment for various locations c. Two Truck Scales at Sanitary Landfills d. Improvements on Grant Street between Avenue I and Kemp Boulevard e. Roadways; at Lake Arrowhead. Moved by Alderman Kruger that authority be ,granted to advertise for bids as requested. Motion seconded by Alderman Daniel, and carried unanimously, including the Mayor. Item 9a In order that plans and specifications may be prepared, and bids received on June 7, 1968 for the 1968 Assessment Paving Program, it was recommended by John J. Roark, Director of Public Works, that notice of intent to close the 1968 Assessment Paving Program on April 8, 1968, be given at this time in order that interested property owners will be properly notified. Moved by Alderman Hill that the recommendation be approved, and notice given that the 1968 Assessment Paving Program will be closed on April 8, 1968. Motion seconded by Alderman Davis, and carried unanimously, including the Mayor. Item 9c It was requested that auditors for the year 1967-68 be appointed. Moved by Alderman Kruger that the firm of Jarratt, Toombs, Cocke, and Tillery, be appointed. Motion seconded by Alderman Davis, and carried unanimously. Item 9d A request for waiver of sidewalk requirements was presented by letter from Mr. William S. Duke. He requested exceptions on the side lots on Vista Street and back lots on Knoll Street. He agreed to construct a sidewalk across the front lots on Armory Road. After discussing the matter, it was moved by Alderman Hill that this request be tabled for further study. Motion seconded by Alderman Daniel, and carried unanimously. i Item 10 � � � ✓ r Moved by Alderman Daniel that the minutes of the meetings of the following d Boards be received: a. Park Board - February 27, 1968 b. Electrical Advisory Board - February 13, 1968 c. Plumbing Advisory Board - March 6, 1968 Motion seconded by Alderman Kruger, and carried unanimously. 1184 / Item Item 11 Moved by Alderman Hill that the following water reimbursement contract payments in the amount of $2,052.20, and sewer reimbursement contract payments in the amount of $1,479.13 be approved for a total amount of $3,531.33, as listed: E. E. Cloer, General Construction, Inc. , Water, Sections One and Two of Dittoe Heights or Southern Hills, from February 10, 1967, to February 10, 1968; $1,434.76 Hawkeye Development Company, Water, Section C, Loch Lomond Addition, from February 9, 1967, to February 9, 1968; $617.44 Hawkeye Development, Sewer, Section C, Loch Lomond Addition, from February 9, 1967, to February 9, 1968; $178.63 Douglas Lefall and L. R. Bloodworth, Sewer, Lefall Heights Addition from February 8, 1967, to February 8, 1968; $106.82 University Park Corporation, Sewer, University Park Addition, from February 1, 1967, to February 1, 1968; $1,193.68 Motion seconded by Alderman Kruger, and carried unanimously. r ' Item 9b Moved by Alderman bill that the following reappointments to the Boards as listed r" be approved. ! f� a. City-County Hospital Board - J. B. Jarratt and W. B. Featherston, two-year term to expire April 1, 1970. b. Civil Service Service Commission - Lee Sellers, three-year term to expire February 25, 1971. Motion seconded by Alderman Kruger, and carried unanimously. Appointments to the Human Relations Committee were deferred until the next meeting. Mayor Rancier expressed appreciation to all members for their past service, and their willingness to serve again. Moved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Hill, and carried unanimously. The Board of Aldermen adjourned at 9:25 P.M. PASSED AND APPROVED this "4 day of a.���� , 1968. Mayor ATTEST: City Clerk-