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Min 04/16/1968 Wichita Falls, Texas 1201 Memorial Auditorium Building April 16, 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: Kenneth Hill Mayor Don Wills X Harrison E. Taylor X James M. Davis X Aldermen Dick Darner X Max Kruger X Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Davis. Mayor Hill welcomed the visitors in the audience. Item 3 Moved by Alderman Kruger that the minutes of the meeting held April 80 1968, be approved. Motion seconded by Alderman Schenk, and carried unanimously. Item 4 The public hearing was opened on the airport height restriction of structures in the vicinity of Sheppard Air Force Base. Ed Daniel, Director of Planning explained that the purpose of the proposed ordinance was to protect the flight patterns in and around Sheppard Air Force Base and the Municipal Aitport. He stated that this will not affect anyone at the present time, but future growth. This will enable any developers to see the flight patterns, and take them into account on any pro- posed building. He also stated that no one appeared before the Planning Board in March for the public hearing held by them on airport zoning. It was pointed out by Alderman Darner that the ordinance contained a Nonconforming Use clause, and if such a nonconforming use existed at present, then nothing else can replace it in the event it is removed. v f ORDINANCE NO. 2409 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECT OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF SHEPPARD AIR FORCE BASE BY CREATING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANCES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE SHEPPARD AIR FORCE BASE, AIR- PORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES. Moved by Alderman Kruger that Ordinance No. 2409 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None %Item Sa u A proposed ordinance was presented accepting improvements on ten units of the 1967 Assessment Paving Program. 1202 Item 5a cont'd ORDINANCE NO. 2410 AN ORDINANCE ACCEPTING IMPROVEMENTS ON TEN (10) UNITS OF THE 1967 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2304 AND NO. 2314; DECLARING THE CONTRACT WITH ASPHALT PAVERS, INC. , FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTI- FICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Darner that Ordinance No. 2410 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item Sb J It was recommended by David G. Alford, of , that an ordinance be passed requiring motorized two-wheeled rvehiclesltos burn ylights at all times as a safety measure. After some discussion it was decided to include three-wheeled motor vehicles as well. Alderman Kruger recommended that some type of notice be given about this law where motorcycles are serviced and sold. Mr. J. 0. Buster inquired if it would apply to the postal service. Colonel Alford stated that is probably would. Alderman Darner asked about a 30-day period of courtesy tickets for violators until they are familiar with the new requirement. It was generally agreed that this would be a good policy. ORDINANCE NO. 2411 AN ORDINANCE REQUIRING LIGHTED LAMPS ON ALL TWO .OR THREE WHEELED MOTOR VEHICLES WHILE IN MOTION. Moved by Alderman Schenk that Ordinance No. 2411 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None /Item 6a John J. Roark, Director of Public Works, presented a proposed resolution accepting Texas Highway Commission Minute Order No. 60718 providing for the construction of a drainage structure on the old Iowa Park Highway in connection with the Plum Creek drainage improvements planned by the City of Wichita Falls. RESOLUTION NO. 801 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHTIA FALLS, TEXAS THAT: The provisions of Minute No. 60718, passed by the Texas Highway Commission on April 1, 1968, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls co-operate with the State Highway Depart- ment and proceed with the obligations so stipulated in said Minute Order as being responsibilities of the City. Moved by Alderman Schenk that Resolution No. 801 be passed. Motion seconded by Alderman Wills, and carried by the following vote: 1203 Item 6a cont'd Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Alderman Davis expressed his appreciation to the Highway Department for their favorable decision in this matter, and requested that the City Manager respond with a letter to them expressing their gratitude. Item 6b A proposed resolution was presented authorizing appraised proposal to a property owner on Kell Freeway in the amount of $820500.00. A motion was made and seconded to approve this proposal. The appraisals on Plum Creek have not been completed. f Mr. Ed Hanvey (the owner) appeared, stating he was not satisfied with the appraised value; that he had asked $90#000 for it. He stated he had lost revenue on this property by being denied a building permit on it almost a year ago. Under the contract he had with a firm he could have obtained a 15-year lease with a 15-year option, and still retain seventy-five percent of the property for other use. After much discussion concerning this appraisal by members of the Council staff, and Mr. Hanvey, it was recommended that passage of the resolution be deferred until the next meeting, and the motion and second were withdrawn. Item 6c Roy Wilshire, Traffic Engineer, recommended passage of a resolution accepting the terms of Texas Highway Department Minute Order No. 60719 in regard to freeway lighting on U.S. 281 and 287 Freeways. RESOLUTION NO. 802 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Minute No. 60719, passed by the Texas Highway Commission on April 1, 1968, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls co-operate with the Texas Highway Department and proceed with the obligations so stipulated in said Minute Order and City of Wichita Falls Resolution No. 767 as being responsibilities of the City. Moved by Alderman Kruger that Resolution No. 802 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 6d A proposed resolution was presented setting forth the intent of the City to participate in the Lake Wichita-Holliday Creek flood control improvements with the Corps of Engineers. City Manager Jack Davis explained that a study was previously made, but that the cost of participation was prohibitive for the City. The cost is now down to about $2,000#000, which the City can participate in. He also stated that it probably will not involve another bond issue. ✓ RESOLUTION NO. 803 WHEREAS, under authority of a resolution adopted February 25, 1938, by the Committee on Rivers and Harbors, House of Representatives, the Corps of Engineers, United States Army, has made an investigation of Holliday Creek to determine the feasibility of providing improvements for flood protection at Wichita Falls, Texas; and, WHEREAS, the plan proposed by the Corps of Engineers for flood protection at Wichita Falls provides for a diversion channel and appurtenant works to divert flood flows from Holliday Creek to the Little Wichita River Basin; and, 1204 Item 6d cont'd WHEREAS, it is proposed by the Corps of Engineers that, after construction, local interests perform all operation and maintenance in accordance with regulations pre- scribed by the Secretary of the Army; and, and, WHEREAS, the Corps of Engineers has requested assurances of local participation; WHEREAS, it is :understood that such assurances do not commit_the'FederaI*Gov - ment to construction of the proposed improvements; and, ern WHEREAS, the City of Wichita Falls, Texas, is interested in the plan of improve- ment proposed by the Corps of Engineers, and is fully cognizant of the requirements of local cooperation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the Corps of Engineers is hereby advised that the City of Wichita Falls concurs in general with the plan for providing flood protection at Wichita Falls by diversion of flood flows from Holliday Creek to the Little Wichita River Basin, and is willing to: a. Reimburse the United States for all construction costs allocated as costs to local interests, either by providing the required facilities or services, or by lump-sum payment, or by equal annual payments not to exceed 50 years, or combina- tions thereof; b. Hold and save the United States free from damages due to construction and operation of the project; C. Maintain and operate all works after completion, in accordance with flood control regulations prescribed by the Secretary of the Army; d. Obtain from the State of Texas any rights required to permit the diversion of floodwater from Holliday Creek to the Little Wichita River Basin; Moved by Alderman Schenk that Resolution No. 803 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 6e It was recommended by Lloyd Rigby, Director of Parks and Recreation, that the yearly lease rental on lots at Lake Arrowhead due on June 1, 1968, be waived in- asmuch as the lake is not ready for extensive usage. RESOLUTION NO. 804 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1. The annual lease rental fee payable on or before the first day of June, 1 6 on all Lake Arrowhead lot leases which have heretofore been entered into by the City is hereby waived, and the next annual lease rental fee due on such lease was executed subsequent to June 1st, 1967 shall not entitle the lessee therein to any proportionate refund of the first years lease rental fee. SECTION 2. On any lease executed subsequent to the date of this resolution, and prior to une Ist, 1968, the lessee shall pay an amount equal to one years rental, and the next annual lease rental fee shall not be due until June 1st, 1969. Moved by Alderman Schenk that Resolution No. 804 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None 11ub Item 7a Award of the low bid for an excavating and grading machine for the Street Department was recommended to Hi-Way Machinery Company, Dallas, Texas, in the amount of $29,700.00. The demonstrator bid by Hi-Way Machinery Company in the amount of $26,900.00, which had been used 42 hours, did not meet specifications. J Moved by Alderman Davis that the bid be awarded to Hi-Way Machinery Company in the amount of $29,700.00. Motion seconded by Alderman Schenk, and carried unanimously. Item 7b ✓ John J. Roark, Director of Public Works, recommended award of the contract to R. 0. Green Construction Company in the amount of $21,400.00 for hot-mix asphaltic concrete under the 1968 surface overlay program. Moved by Alderman Wills that the low bid of R. 0. Green be accepted as recommended. Motion seconded by Alderman Kruger, and carried unanimously. ✓ Item 7c Only one bid was recieved for concession rights at softball parks for the 1968 season, and Lloyd Rigby, Director of Parks and Recreation, recommended award of the bid to C. L. Walton in the amount of $800.00. Moved by Alderman Schenk that the bid for concession rights at softball parks be awarded to C. L. Walton in the amount of $800.00. fMotion seconded by Alderman Wills, and carried unanimously. item 8a Permission was requested by Lloyd Rigby, Director of Parks and Recreation, to advertise for bids to move approximately 120,000 cubic yards of dirt at the Marina Bay Park location at Lake Arrowhead, and for approximately 600 lineal feet of rip rap. Moved by Alderman Kruger that permission be granted to advertise for bids as requested. Motion seconded by Alderman Darner, and carried unanimously. Item 8b John J. Roark, Director of Public Works, requested permission to advertise for bids on Plum Creek and Flood Street Drainage Projects, both under the 1967 Capital Improvements Program. By combining these projects it is anticipated that lower bids will be received. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. Item 8c Permission was requested by John J. Roark, Director of Public Works, to advertise for bids on a project combining the Edison Street project and the Rosewood-Colorado extension project under the 1967 Capital Improvements program, along with units to be paved under the 1968 Assessment Paving program. Since these projects are predominantly located in the same vicinity, a lower bid is expected if they are combined. Moved by Alderman Schenk that authority be granted to advertise for bids on the joint projects as requested. Motion seconded by Alderman Kruger, and after the following discussion was carried unanimously. 1206 Item 8c cont'd Mr. J. F. Foster of Asphalt Pavers inquired why the jobs were being combined; that he would like to'continue to bid on assessment paving, but that this job would be above his bonding capacity. City Manager Jack Davis explained that the City's responsibility was not to favor the local supplier, but to get the lowest and best bid possible. Various aldermen commented on this matter, with Mayor Hill affirming that the projects had been combined in an effort to save tax dollars. Item 9 Moved by Alderman Schenk that the minutes of the meetings of the following boards and commissions be received. a. Park Board - March 26, 1968 b. Plumbing Advisory Board - April 3, 1968 c. Traffic Commission - April 9, 1968 d. Planning Board - April 14 1968 Motion seconded by Alderman Kruger, and carried unanimously; v Item 10 � r Moved by Alderman Kruger that water reimbursement contract payment in the amount of $2,574.87, and sewer reimbursement contract payment in the amount of $770.21, be approved in a total amount of $30345.08, as follows: Robert Seabury Real Estate, Water, Sections 1 and 2 of the Sun Valley Addition, from March 1, 1967, to March 1, 1968; $2,574.87 Robert Seabury Real Estate, Sewer, Sections 1 and 2 of the Sun Valley Addition, from March 1, 1967, to March 1, 1968; $770.21 Motion seconded by Alderman Schenk and carried unanimously. Item lla Joe Smith, Director of Public Utilities, requested approval to employ the engineering firm of Biggs and Matthews to prepare plans and specifications for water main extension under the 1968 bond issue, and that the City Manager be authorized to execute the contract. Moved by Alderman Schenk that permission be granted to employ the firm of Biggs and Matthews at a rate of five percent to prepare plans and specifications for water main extension, as requested. Motion seconded by Alderman Davis, and carried unanimously. Item llb It was recommended by John J. Roark, Director of Public Works, that an existing barricade in Alpine Street be removed after July 1, 1968. This barricade was orig- inally installed to prohibit utilization of the residential street by commercial , vehicles. Moved by Alderman Schenk that the Department of Public Works be directed to remove the barricade, as recommended. Motion seconded by Alderman Darner, and carried unanimously. Item llc r John J. Roark, Director of Public Works, requested approval of the schematic drawings for North Beverly improvements by the Texas Highway Department. It was pointed out that North Beverly will be six lanes wide, and will tie into the bridge crossing the Wichita River which is only four lanes wide. Mr. Roark stated that the bridge will be widened to six lanes. Moved by Alderman Wills that the schematic drawings be approved. 1207 Item llc cont'd Motion seconded by Alderman Schenk, and carried unanimously. Item lld Ed Daniel, Director of Planning, presented a request from Industrial Development, Inc. , for waiver of sidewalks on Sheppard Access Road in the Arrowhead Industrial area. The tract in question will soon be transferred to Town and Country Mobil Homes. Moved by Alderman Schenk that the waiver be granted on the condition that a letter be submitted from the owner stating that sidewalks will be installed at a later time if the City deems it necessary. Motion seconded by Alderman Kruger, and carried unanimously. l Item Ile The following committee and board appointments were recommended by the Mayor. a. Council representatives to advisory boards: Park - Dick Darner Library - Cletus C. Schenk Planning - Don Wills / Traffic Commission - James M. Davis Nortex Regional Planning Commission - Harrison Taylor b. Ambulance Committee - Cletus C. Schenk, Chairman, Don Wills, and Harrison Taylor c. Water District No. 2 Board - James M. Davis, Chairman, and Dick Darner Moved by Alderman Schenk that appointments be approved as recommended. Motion seconded by Alderman Kruger, and carried unanimously. Item lif City Manager Jack Davis explained that the City is now experiencing an extreme shortage of personnel in the Sanitation Department, and recommended the following salary increase adjustments effective April 16, 1968. Present Proposed Refuse Handler Refuse Collector $264 - 277 - 290 $290 - 305 - 320 Light Equipment Operator Refuse Crew Leader $290 - 305 - 320 $337 - 353 - 371 Heavy Equipment Operator Refuse Unit Leader $320 - 337 - 351 $371 - 389 - 409 Medium Equipment Operator Heavy Equipment Operator $305 - 320 - 337 $320 - 337 - 351 The total cost of this increase will amount to $22,000 per year; however, an appropriation should be made for the remaining five months of this year in the amount of $9,605.00. s ORDINANCE NO. 2412 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 11-045-4103, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2412 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None 1208 Item 11p City Manager Jack Davis stated that a salary survey had been conducted on Fire and Police Departments, and he recommended some salary increase adjustments in the lower classifications of the Fire Department. It was his recommendation that the following changes be effected May 1, 1968, and that the City Attorney be authorized to prepare an ordinance putting this scale into effect. Fireman Driver Lieutenant Present $373 - 389 - 416 $454 - 454 - 454 Proposed $405 - 415 - 435 $474 - 474 - 474 $487 - 487 - 487 $500 - 500 - 500 Moved by Alderman Schenk that the schedule be accepted, and that the City Attorney be authorized to prepare an ordinance effecting these changes. Motion seconded by Alderman Wills, and carried unanimously. Mr. Ed Hanvey requested to be heard again, stating that he had decided to accept the appraisal which was offered since they would lose more than the differ- ence in the appraised value and the amount he had asked if they were forced to go into litigation. He proposed, however, that the City permit him to retain the v revenue from the furnished apartments located on that property since the property would be of no value to the City or State until such time as it is needed to begin construction of Kell Freeway. He also proposed that he be exempted from carrying fire insurance (not liability) and from paying city taxes on this-property until the City needs it. In this way he could possibly retain part of the revenue they had already lost on this property. It was suggested by Alderman Davis that the City Manager study this proposal, and discuss it further with Mr. Hanvey with the possibliity of working out a solution to this problem. ✓ RESOLUTION NO. 805 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project 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 No. 1 The project and property is as follows: Kell Freewa Project 52-071 Pro ert Lots 12, 13, 14, 15, 16, & 17 Block 18-A, Highland Addition Combined total of appraisals approved in this resolution - - $82,500.00 Section No. 2 The appraised value of such properties are hereby approved and the City Manager is hereby authorized to purchase, by Warranty Deed or by Easement, such tracts of land as shown on said right-of-way map. The authorized price to be paid for each tract is the appraised value as determined by the independent real estate appraiser employed by the City. Moved by Alderman Darner that Resolution No. 805 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays : None Alderman Wills commended Mr. Hanvey for his position in this matter. 1209 City Manager Jack Davis clarified a question from Mr. Buster regarding appraisals of Plum Creek and the request to advertise for bids on the project, stating that the appraisals were not available yet on Plum Creek, and that they cannot begin work until the property is acquired. Moved by Alderman Schenk that the meeting be adjourned. Motion seconded by Alderman Kruger, and carried unanimously. The Board of Aldermen adjourned at 9:55 P.M. PASSED AND APPROVED this day of . 1968. t M7 or ATTEST: City Clerk- County ijiatrict No. ----' � y IL • � �,.ter. .. 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