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Min 09/03/1968 1273 Wichita Falls, Texas Hemorial Auditorium Building September 3, 1968 Item 1 k 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 2:30 P.M. , with the following members present: Kenneth Hill Mayor Don Wills X Harrison E. Taylor X James H. Davis X Aldermen Dick Darner X Max Kruger X Cletus C. Schenk X Jack Davis City Manager II. 1'. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Wills. Mayor Hill welcomed the visitors who were present. Item 3 Moved by Alderman Darner that the minutes of the meetings held August 20 and 22, 1968, be approved. Motion seconded by Alderman Kruger, and carried unanimously. Item 4 The public hearing was opened on demolition of buildings in Area 4. Mr. Raymond Van Loh, Chief Building Inspector, showed slides of buildings which are in need of repair or demolition. Diary Watkins, 1301 Smith, appeared in regard to her property at 425 Wood. She explained that the building has been torn down, and a small amount of the lumber is stacked on the floor of the building, as she desires to have a small storage-type building constructed with it. She stated that her brother-in-law plans to build it, but cannot get to it for a while due to other work. It was explained to her that she still had 30 days to have it accomplished, and she said that she would try to have it completed within that time. She also explained that 1211 Smith was unoccupied, and in bad condition, and should be removed. Mr. William Allen appeared as the owner of property at 411 and 413 Bonner, stating that lie needed at least 30 days more to clear the property. The Council informed him that he had 30 days from now to do so. Benny Rangel, 1816 Dayton, appeared as the owner of property at 408 Bonner, stating that he needed more time in which to remove the building. It was requested that he make an effort to have it cleared within the next 30 days, and then if he still needed additional time, to come back to the Council with his request at the end of the 30 day period. The mayor requested that Mr. Van Loh furnish the Council pictures of this property now, and again in 30 days to determine the progress made. Ile also asked if lie could get a burning permit. Colonel Paul Yeager, Director of Public Safety, stated that lie would investigate that possibility. Mr. Lugene Cotton appeared, representing his deceased mother's property at 500 Sullivan. Iie explained that his family is not able to pay the delinquent taxes, and would like to make arrangements to pay it. It was recommended that he discuss the matter with Mr. Bob Winters, Tax Collector. Ile stated that he believed he could have the house demolished in 30 days. Mrs. Martinez, 410 Juarez, appeared requesting that the City take her property; that she has been unable to sell it. The City Manager explained that certain proceedings must be followed in order to acquire it. 1274 Item 4 cont'd. Mr. Jessie Johns, 311 Park, stated lie was not able to demolish the building on this property, nor was he able to pay anyone else to do it, but agreed that it should be done. Mr. Rodriquez, 415 Bonner, stated that he is willing to tear the building down, but does not know how long it will take. He explained that he did not have the money to pay anyone to remove .it. The Council requested that if he needed more than 30 days, to come back and discuss it with them at that time. lie explained that he had previously misunderstood the letter, and thought they meant to clean it up instead of tearing it down. Mr. Roark interjected here that the property on Smith Street which Mrs. Watkins mentioned is already in the process; that the owner has been notified. ` ' ORDINANCE NO. 2444 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURE WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2444 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 5a A proposed contract between the City of Wichita Falls and 14. 0. Rife was dis- cussed by Alderman Darner, who had served as chairman of a committee to study this matter. This agreement concerns operation of the oil and gas lease covering a part of Lake Arrowhead. lie stated that basically this contract would permit Mr. Rife to carry on operations as though the lake were not there. Alderman Schenk remarked that this is the first draft of the contract that they could approve; that it is as fair to the City as to Air. Rife. lie commended those who have worked on this contract, as did Mayor Hill. City Attorney 11. P. Hodge, Jr. , cautioned that the committee still has some work to do; that there are some claims pending at this time that the committee will have to resolve before Mr. life signs the contract. -e / RESOLUTION NO. 839 T'I if\T BE IT RESOLVED BY THL BOARD OF ALDLPHLN OF THE CITY OF WICHITA FALLS, TEXAS, `I'iiat certain contract between the City of Wichita Falls and M. 0. Rife, Jr. et al, concerning the operation of the oil and gas lease covering; a part of Lake Arrowhead in Clay County, 'Texas, is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 839 be passed. 'Alotion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk mays: None Item 5b A proposed resolution was presented amending the drainage ditch program to provide for mechanic's liens. Mr. Roark explained that 25 percent of the advance payment from the property owner could be in the form of a mechanic's lien. J / RESOLUTION NO. 840 WHEREAS, the unimproved drainage channels within the City of Wichita Falls con- stitute undesirable health conditions due to erosion, pondinb and possible contaminat- ion of surface water, and uncontrolled vegetation; and, 1273 Item 5b cont'd. i i WHEREAS, a large number of citizens owning residences abutting on unimproved drainage channels have requested a means whereby the City of Wichita Falls and the abut- ting property owners can jointly share in the cost of improvements in the drainage channels; and, MIME AS, it is considered desirable, both from the viewpoint of improving undesir- able health conditions and improving flow characteristics in the drainage channel, to institute a program of channel improvements with the participation of the abutting prop- erty owners. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, did, by Res- olution No. 836 passed and approved August 20, 1968, adopt a policy for drainage channel improvements with the participation of the abutting property owners; and, WHEREAS, minor amendments to this policy need to be made. NOW, `I'HLREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The policy adopted by Resolution No. 836 be amended as provided by the following policy which is hereby adopted governing the improvement of open drainage channels in the City of Wichita Falls, Texas. When some of the property owners in a block abutting an open unimproved drainage channel desire to participate in the improvement of said drainage channel, they shall indicate their desire by letter to the City Engineer. The City Engineer shall conduct the necessary engineering studies to determine the material cost of improvements, which costs shall be considered the property owners share. Design of the improvements shall be based on the following criteria: 1. No project shall be considered which does not extend the full extent between existing culverts on cross streets or between an existing culvert on a cross street and a previously improved section of drainage channel. 2. The minimum design for concrete channel lining shall be that depth and design of channel lining which will carry within the concrete channel lining the runoff from a two-year design frequency rainfall. 3. Should conditions require a minimum cross section of concrete channel lining beyond that required for a two-year design frequency rainfall, the entire cost of materials for the required cross-section shall be considered the responsibility of the abutting property owners . 4. The back slopes of the drainage channel abutting the concrete channel lining shall be designed in such a manner as to permit maintenance and upkeep by the abutting property owner without undue hardship. 5. Each minimum section of drainage channel shall be considered separately and the City Engineer shall accomplish a specific design for each minimum section. Upon completion of a design section, the City Engineer shall prepare estimates of cost of labor, material and equipment and shall use the total material cost to determine an abutting foot rate of cost to the abutting property owners. The City Eng- ineer shall then submit to the requesting property owner the necessary drawing to ade- quately describe the proposed channel improvements, a copy of this resolution, a map showing the extent of the proposed improvements with the dimensions of each lot abutting the drainage channel, the abutting foot rate, and total cost to the property owners for the improvements, a sample copy of a Mechanic's Lien and a letter explaining the procedure. The requesting property owner shall secure the total property owner's share of the cost, of which at least 75 percent must be in cash and the remaining part sec- ured by Mechanic's Liens, and shall return the cash and Mechanic's Liens to the City Engineer. Upon receipt of the total amount of the property owner's share, the City Engineer shall deposit the funds in the account designated by the Director of Finance and shall notify the Street Department of the City of Wichita Falls that the project has been approved and ready for construction. Construction will be accomplished by City forces during the subsequent summer months. P-coved by Alderman Schenk that Resolution No. 840 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None 1276 Item Sc A proposed resolution was presented authorizing proposals to property owners on Plum Creek drainage project under the 1963 and 1967 Capital Improvements Programs. RESOLUTION NO. 841 WHEREAS, it is necessary to acquire the property hereinafter described for con- struction of the listed projects in the 1963 and 1967 Capital Improvements Porgram, and, WHL:RLAS, 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 and/or Assistant City Manager. NOW, T11LRYFO1'L, BL IT RL:SOLVED BY THE BOARD OF ALDERMLN OF THE CITY OP WICUITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and properties are as follows Plum Creek Drainage Project 52-083 Property Part of Lots 21, 22, 23, 24, 250 26, and all of Lot 27 of the Hairston Hest Subdivision of Block 10 out of the Ed Woodall Subdivision No. 1 of Wichita Falls suburban farms. Combined total of appraisals approved in this resolution - $650.00. 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. SECTION NO. 3 In the event: the City Manager is unable to purchase any such tract or tracts for such appraised values, lie is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts. Gloved by Alderman Schenh that Resolution No. 841 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 6 ,. Award of the bid on old Seymour Road drainage, and Wenonali-Arthur-Grant drainage projects was considered. It was recommended by John J. Roark, Director of Public Works, that the contract be awarded to Zack Burkett Company on their low Alternate Bid II in the amount of �308,567.02. Mr. Roark explained that the alternate bid method is the procedure for large drainage projects, and feels that in this case it will reduce the cost; that this method is as satisfactory as the other. Of the total amount of the bid, $208,580.52 is the estimated amount on the Wenonah-Arthur-Grant drainage project, and $99,986.50 is the estimated amount on the old Seymour Road project. Mr. Roark requested per- mission to pro rate the money in each project as necessary, but stated that the total amount would remain the same. Moved by Alderman Taylor that the contract be awarded to Zack Burkett in the amount of $308,567.02, and that Mr. Roark be allowed to pro rate the money as requested. lotion seconded by Alderman Darner, and carried unanimously. Item 7 Joe Smith, Director of Public Utilities, requested approval of change order and final estimate for water line extension to Expressway Last Industrial District. The change order shows a net decrease in the original contract with B & G Construction 1277 Item 7 cont'd. Company in the amount of $689.27, due to adjustments of several items. Moved by Alderman Schenk that change order and final estimate be approved as requested. Motion seconded by Alderman Davis, and carried unanimously. 1 Item 8 I Moved by Alderman Davis that minutes of the meeting of the Plumbing Advisory Board held August 7, 1968, be received. Motion seconded by Alderman Wills, and carried unanimously. Item 9a loved by Alderman Schenk that water reimbursement contract payments in the amount of $215.52, and sewer reimbursement contract payments in the amount of $73.07, be approved in a total amount of $288.59, as follows. John nark Hirschi, Water, Willow Brook Addition, Section No. 1, from August 31, 1967, to August 31, 1968; $215.52 Hill and (Moore, A Partnership, 1'. E. Hill, Jr. and Larry Moore, Sewer, Christine Road in Hursh Addition, from August 31, 1967, to August 31, 1968; "39.54 John hark Hirschi, Sewer, Willow Brook Addition, Section No. 1, from August 31, 1967, to August 31, 1968; $33.53 Motion seconded by Alderman Kruger, and carried unanimously. Item 9b ?Mayor Hill recommended the appointment of Dr. Arthur Beyer as Chairman of the Citizens Advisory Committee. Moved by Alderman Wills that Dr. Beyer he appointed Chairman of the Citizens Advisory Committee as recommended. Notion seconded by Alderman Schenk, and carried unanimously. Item 9c Mayor Bill recommended the appointment of Jim McDonald to the Civil Service Commission to fill the unexpired term of Joe Prothro, who resigned. This term will expire February 25, 1969. ?loved by Alderman Kruger that Jim McDonald be appointed to the Civil Service Commission. Notion seconded by Alderman Darner, and carried unanimously. Item 9d Joe Smith, Director of Public Utilities, recommended reimbursement to Joe Turnbow, Developer of Brentwood Estates, for construction of oversize water main in that sub- division, in the amount of )2,130.03. This reimbursement is authorized under the present subdivision ordinance which states that should the City require a larger water a or sewer main than is needed for the subdivision itself, the City shall pay the differ- ence in sizes. A ten-inch water main is required for the area west of this subdivision, but a six-inch main is all that is required for this subdivision. City Manager Jack Davis requested that the reimbursement be approved, subject to Mr. Turnbow's compliance with sidewalk construction. PMoved by Alderman Kruger that reimbursement be approved in the amount of �2,130.03 to PMr. Turnbow, but that payment be withheld until the sidewalk is constructed. 1278 Itern.9d cont'd. (•lotion seconded by Alderman Davis, and carried unanimously. Item 10 City Hanager Jack Davis briefly presented the group life insurance program for { ' city employees. Dr. Herrick, an insurance consultant at T.C.U., recommends the program by Aetna. Coverages would range from $1,000, $3,000, $5,000, $7,500, and �10,000, based on earnings. The city would continue supporting the retired employees program. Individual cost to employees will increase, but they will incur benefits which they do not now have. It. was recommended that all employees have the same program, and that it become effective October 1. Mr. Davis complimented Norman Jenkins for doing an excellent job on this insurance program. Moved by Alderman Kruger that the group life insurance program by Aetna be adopted. Motion seconded by Alderman Davis, and carried unanimously. ~Item 11 City Manager Jack Davis recommended adoption of an amended water contract with the town of Pleasant Valley. RESOLUTION NO. 842 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT certain water purchase contract amendment dated September 3, 1968, be- tween the City of Wichita Falls and the Town of Pleasant Valley is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 842 be passed. Blotion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 12 { A proposed resolution was considered calling a public hearing for September 17 on loan authorization at First Wichita National Bank on the nurse call system. ✓ RESOLUTION NO. 843 WHLRLAS, the City of Wichita Falls has heretofore executed a promissory note dated September 30, 1967, in the principal sum of $51,200.00, payable to the order of the First-Wichita National Bank, which represented part of the sum loaned to the Board of Managers of the Wichita General hospital to be used to purchase a nurse call system for said hospital; and, W11LREAS, such promissory note is due on September 30th, 1968, and the balance due as of its maturity date is $25,600.00 and it is deemed advisable to make a new temporary loan from said bank for that amount in renewal and extension of the balance due, said temporary loan shall be payable on September 30th, 1969, and bear interest at the rate of 3 112% per annum. NOI4, THEREFORE, BE IT RESOLVED BY THE BOARD OI, ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TIIAT: Public notice is hereby given that, at the meeting of the Board of Aldermen on September 17th, 1968, an ordinance authorizing such a temporary loan shall be considered by the Board of Aldermen. Moved by Alderman Schenk that Resolution No. 843 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen kills, Taylor, Davis, Darner, Kruger, and Schenk. Nays: None 1279 Item 13 A proposed resolution was considered calling a public hearing for September 17 on various temporary loans at City National Bank. o RESOLUTION NO. 844 WHL-REAS, the City of Wichita Falls has heretofore executed various promissory notes at the City National Bank for various purposes; and, WHLRL'AS, these promissory notes are due on or before September 29, 1968, and it is deemed advisable to make various temporary loans from said bank. NOW, THLREFORE, BE IT RESOLVED BY THE BOARD OF ALDEIUIEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the meeting of the Board of Aldermen on September 17, 1968, an ordinance authorizing such loans shall be considered by the Board of Aldermen. 'Moved by Alderman Schenk that Resolution No. 844 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, Kruger, and Schenk Nays: None Alderman Wills abstained from voting on this item since he is an officer at City National Bank. I4oved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 4:05 P.M. PASSED AND APPROVED this day of , 1968. ayor ATTEST: Acting City C rk