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Min 11/05/1968 1303 Wichita Falls, Texas Memorial Auditorium Building November 5, 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 2:30 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 Max Kruger X Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk I The invocation was given by Alderman Davis. Item 3 Moved by Alderman Schenk that minutes of the meetings held October 15 and October 29, 1968, be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 4a A proposed ordinance was presented declaring the necessity for improvements to certain streets as part of the 1969 Street Reconstruction Program. Mr. John J. Roark, Director of Public Works, explained that costs for curb and gutter, sidewalk, and drive approaches would be assessed against the abutting property owners on Johnson Road, Ninth Street, Duncan Street, and Ridgeway Drive, as listed in the ordinance. ORDINANCE NO. 2460 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS A PORTION OF THE 1969 RECONSTRUCTION PAVING PROGRAM, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Kruger that Ordinance No. 2460 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None x Item 4b A proposed ordinance was presented enacting two-hour parking restrictions in the vicinity of General Hospital. Discussion was held regarding the possibility of installation of parking meters in this area; however, no action was taken. 1 ORDINANCE NO. 2461 AN ORDINANCE AMENDING SECTION 29-114, OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING STOPPING, STANDING OR PARKING PRACTICES IN SPECIFIC PLACES. Moved by Alderman Darner that Ordinance No. 2461 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: i I 1304 Item 4b cont'd. Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None c Item 4c � . ' A proposed ordinance was presented restricting parking on North Scott Street from Caroline to Wichita, and on 8th Street from Grace to the parking lot entrance. ORDINANCE NO. 2462 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114, OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS. Moved by Alderman Schenk that Ordinance No. 2462 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None r Item 5a L: A proposed resolution was presented accepting appraisals in Lake Kemp construct- ion area as recommended by John P. Ruhmann, Director of Water Development. RESOLUTION NO. 863 WHEREAS, it is found to be necessary to acquire the following described properties for the reconstruction of the dam and spillway at Lake Kemp, and, WHEREAS, such properties have 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, together with recommendations of the Director of Water Development, who has made recommendations concerning these properties in a memorandum dated October 31st, 1968 addressed to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The properties are described as follows: W. T. WAGGONER ESTATE LEASE NO. OWNER 0068 Ed Luttrell, Jr. 0069 J. W. James 0070 Don Shearmire 0071 Ernest Rogers 0072 E. T. Bates Estate 0150 Vernon Pennington 0761 Bennie James 0787 Ivan E. Wimp 1020 John Shipp 0374 G. A. Schur 0010 Lula Judd Wharton Van Hoose The combined total of values for such properties as set out in said memorandum dated October 31st, 1968 is Sixty Thousand Seven Hundred ($60,700.) Dollars. SECTION 2. The values of such properties as set out in said memorandum are hereby approved and the City Manager is hereby authorized to purchase by Bill of Sale and Assignment of Lease all of the improvements on the above described prop- erties, together with the leasehold estates. The authorized price to be paid for each property is the value as shown on said memorandum dated October 31st, 1968. SECTION 3. In the event the City Manager is unable to purchase any of the properties for such values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such properties. 1305 Item 5a cont'd. Moved by Alderman Schenk that Resolution No. 863 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 5b No action was taken on a proposed grazing lease at Lake Arrowhead adjacent to the Bridwell Ranch except it was moved by Alderman Schenk that the City Manager be dir- ected to negotiate with the Bridwell Estate on lands in question around Lake Arrowhead. I Motion seconded by Alderman Wills, and carried unanimously. i } + Item 5c Joe Smith, Director of Public Utilities, recommended approval of a resolution authorizing execution of a contract with the Fort Worth and Denver Railroad for a 12-inch water main crossing. r RESOLUTION NO. 864 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract dated September 30th, 1968, between the City of Wichita Falls and Fort Worth and Denver Railway Company, authorizing the City to construct and maintain a twelve inch water pipeline across and under the Railway's track and right-of-way at Mile Post W-7.66, 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. 864 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 5d City Manager Jack Davis explained a proposed policy of tree planting in the Central Business District. RESOLUTION NO. 865 WHEREAS, the Board of Aldermen desire to help beautify downtown Wichita Falls by planting trees, and a number of property owners wish to have trees planted on their property; and, WHEREAS, it is deemed advisable to adopt a policy under which the City would plant such trees. I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I The following policy is hereby adopted governing the planting of trees by the City in downtown Wichita Falls: The Parks and Recreation Department of the City of Wichita Falls will plant decorative trees in the Central Business District, in the area bounded by Sixth Street on the north, Ohio Street on the east, Eleventh Street on the south, and Lamar Street on the west, provided that the property owner cuts the tree holes in the sidewalk or (in new construction) provides leave-outs for tree planting. In all cases, the Parks and Recreation Department shall be consulted for dimensions and spacing of the tree holes. Such trees shall be planted at the convenience of the Parks and Recreation Department. This policy shall be subject to the availability of trees and men. This policy may be changed or terminated at any time without notice. 1306 Item 5d cont'd. Moved by Alderman Darner that Resolution No. 865 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 5e I ' Mr. H. P. Hodge, Jr. , City Attorney, explained that he had consulted with Mr. Charles Russell, attorney for First Wichita National Bank in regards to a contract with them concerning a note and deed of trust from Wichita General Hospital on part of Block 257, Original Town (formerly Catholic School property) . The agree- ment is set out in a proposed resolution. RESOLUTION NO. 866 WHEREAS, the City of Wichita Falls is selling to Wichita County-City of Wichita Falls, Texas, Hospital Board all of Block 257 of the Original Town of Wichita Falls, save and except Lot 1 (erroneously referred to as Lot 2 in Resolutions Nos. 845 and 860) of the replat of Lots .1 through 6 of such block for a price of Four Hundred Thousand ($400,000.) Dollars, for which the Hospital Board shall execute a promissory note in that amount payable to the order of the City of Wichita Falls, which shall be secured by a vendor's lien and a deed of trust. Said note shall bear interest at the rate of 5.25% per annum, and shall be payable in sixteen semi-annual payments; the first fifteen payments shall each be in the sum of Seventeen Thousand Nine Hundred Thirty-Two ($17,932.) Dollars, including interest; the sixteenth payment shall be in an amount equal to the balance, principal and interest, due on such note; and, WHEREAS, the City of Wichita Falls plans to sell and assign such note, together with the vendor's lien and deed of trust, to the First-Wichita National Bank of Wichita Falls, with recourse; and, WHEREAS, in accordance with section 103 of the Charter of the City of Wichita Falls, more than two weeks public notice was given by Resolution No. 860 that the Board of Aldermen would consider the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Mayor is hereby authorized to execute a deed of such property to Wichita County - City of Wichita Falls, Texas, Hospital Board for a price of Four Hundred Thousand $400,000.) Dollars, subject to the lease dated February 28th, 1968 to McBride Properties; said Hospital Board shall execute a promissory note as set out above, which shall be secured by a vendor's lien and a deed of trust. SECTION 2. The City of Wichita Falls, acting by and through its Board of Aldermen, does hereby agree to: Remain secondarily liable on the above described note, and to hold and save The First-Wichita National Bank of Wichita Falls free from any loss on such note. During each year while there is any liability by reason of the agreement contained in this section of this Resolution, inlcuding the calendar year 1968, the Board of Aldermen of the City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collection which will be suffi- cient to raise and produce the money required to pay any sums which may be or become due during any such year, in no instance to be less than 2% of such obligation, to- gether with all interest thereon, because of the obligation herein assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation undertaken by this section of this Resolution, and said ad valorem tax shall be assessed and collected each year until all of the obligations herein im curred shall have been discharged and all liability hereunder discharged. Such agreement shall continue for a period of ten years from the date of the written contract hereafter authorized. SECTION 3. The Mayor is hereby authorized to execute, for the City of Wichita Falls, a contract with The First-Wichita National Bank of Wichita Falls, assigning 1307 Item 5e cont'd. such note, together with the vendor's lien and deed of trust, to such bank with recourse, which contract shall also contain the provisions set out in Section 2 of this Resolution. Moved by Alderman Kruger that Resolution No. 866 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None At the last meeting of the Board of Aldermen, a resolution to be numbered 861 was authorized to be prepared setting a minimum fee to be charged for parking on the hospital parking lot, and stipulating that the revenue received from the property be applied to payment of the note. �j RESOLUTION NO. 861 WHEREAS, the City of Wichita Falls has negotiated a sale to Wichita County - City of Wichita Falls, Texas, Hospital Board of all of Block 257 of the Original Town of Wichita Falls, save and except Lot 1 of the replat of Lots 1 through 6 of such block; and, WHEREAS, the consideration for such sale will be the execution of a promissory note for Four Hundred Thousand($400,000.) Dollars, which will be assigned to The First-Wichita National Bank of Wichita Falls, and the City will remain secondarily liable on such note. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: As part of the consideration for the sale of such property, said Hospital Board shall agree that all revenue received from the property be applied to the payment of said note, and that a minimum fee of Twenty-Five (25) Cents be charged to every one for parking on the parking lot. Moved by Alderman Schenk that Resolution No. 861 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None d Item 5f J. John J. Roark, Director of Public Works, presented a resolution authorizing proposals to property owners on Wenonah-Arthur-Grant drainage and Edison Street pro- jects under the 1967 capital improvements program. C RESOLUTION NO. 867 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 and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and properties are as follows: Wenonah-Arthur-Grant Drainage Project 52-081 Property The northeast corner of Lot 18, E. A. Rutledge Re-Subdivision of Block 107 through 110 of the Highland Addition. The east 7 feet of Lot 18 of E. A. Rutledge Re-Subdivision of Block 107 through 110 of the Highland Addition. 1308 Item 5f cont'd. The east 7 feet of Lot 17 of the E. A. Rutledge Re-Subdivision of Blocks 107 through 110 of the Highland Addition. The east 7 feet of Lot 16 of the E. A. Rutledge Re-Subdivision of Blocks 107 through 110 of the Highland Addition. The east 7 feet of Lot 15 of the E. A. Rutledge Re-Subdivision of Blocks 107 through 110 of the Highland Addition. The southwest corner of Lots 12 and 13, Block 118, Highland Addition. A part of the Kertz subdivision of Block C, Fair- view Addition and Block 7, First section of West- moreland Park Addition. Edison Street Project 52-075 Part of Lot 8, Block 5, Bateson Second Addition Combined total of appraisals approved in this resolution $2,370.00. 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, he is hereby authorized and directed to cause to be instituted condemnation proceedings to 'obtain such tracts. Moved by Alderman Taylor that Resolution No. 867 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None E Item 5g Roy Wilshire, Director of Planning and Traffic, recommended approval of an agreement with Fort Worth and Denver Railway for signals at Kell-Grant intersection. RESOLUTION NO. 868 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement between Fort Worth and Denver Railway Company and the City of Wichita Falls covering interconnection of traffic lights with automatic flashing light signals where Grant Street intersects the railroad and Kell Boule- vard is hereby approved, and the Mayor is authorized to execute such contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 868 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger and Schenk Nays: None �+ 3 Item 6a i It was recommended by John J. Roark, Director of Public Works, that the low bid of Lake Road Welding Company be accepted in the amount of $14,758.80 for fixed containers for the Sanitation Department. J 1309 Item 6a cont'd. Moved by Alderman Kruger that the bid be accepted as recommended. Motion seconded by Alderman Wills, and carried unanimously. / Item 6b It was recommended by John J. Roark, Director of Public Works, that the contract for five pickups for the Sanitation Department be awarded to Morgan Motor Company on their low bid of $12,994.50. Mr. Roark explained that specifications called for a minimum of 240 cubic inch displacement, but that the engine bid was a 225 cubic inch displacement; however, he stated that the intent was a guideline for engine size, and was not to eliminate any specific make, since automobile specifications are extremely difficult to write. Moved by Alderman Davis that the bid be accepted as recommended. Motion seconded by Alderman Taylor, and carried unanimously. Item 6c It was recommended by John J. Roark, Director of Public Works, that the contract for compaction body, trailers, and pickup containers for the Sanitation Department w be awarded to Industrial Disposal Supply Company in the amount of $17,812.08. Mr. Roark explained that Pak-Mor submitted a lower bid; however, a previous demonstration r, ( of their equipment resulted in an inadequate performance, and it is not recommended. Moved by Alderman Schenk that the bid of Industrial Disposal Supply Company be accepted in the amount of $17,812.08. Motion seconded by Alderman Davis, and carried unanimously. Item 6d It was recommended by John J. Roark, Director of Public Works, that the bid for a truck for the Sanitation Department be awarded to Kidwell GMC Truck Sales on their low bid of $8,621.84. Moved by Alderman Schenk that the low bid be accepted as recommended. t Motion seconded by Alderman Kruger, and carried unanimously. Item 7 It was recommended by Paul Yeager, Director of Public Safety, that Change Orders Ufa Nos. 1 and 2 for the Fire Drill Tower contract be approved. Change Order No. 1 added f 1 $31.00 to change a septic tank from 300 gallons to 500 gallons, and Change Order No. ' 2 deducted $47.00 for using cast aluminum safety nosings instead of nickle. This v/ changes the total contract price to $46,233.00. Moved by Alderman Wills that the two change orders be approved. Motion seconded by Alderman Taylor, and carried unanimously. J Item 8 Permission was requested to advertise for bids for a trenching machine for the w Traffic Department. , - Moved by Alderman Schenk that authority be granted to advertise for bids for a trenching machine. Motion seconded by Alderman Wills, and carried unanimously. a' Item 9 ' r "f Moved by Alderman Schenk that minutes of the meetings of the following Boards and Commissions be received: f 1310 Item 9 cont'd. a. Traffic COmmis5ioii- October 22, 1968 b. Park Board - October 22, 1968 C. Planning Board - November 1, 1968 Motion seconded by Alderman Kruger, and carried unanimously. �. Item 10a r ` A request was received from the Texas Highway Department to purchase sandstone from City owned land at Lake Arrowhead. City Manager Jack Davis recommended that % the City enter into an agreement with them for purchase of this road material. Moved by Alderman Schenk that authority be granted to enter into an agreement with Texas Highway Department for purchase of sandstone from city property at five cents per cubic yard, and that the Mayor be authorized to execute the agreement. Motion seconded by Alderman Darner, and carried unanimously. Item 10b Moved by Alderman Taylor that water reimbursement contract payments in the amount of $4,175.81 be approved, and sewer reimbursement contract payments in the amount of $1,791.59 be approved, for a total amount of $5,967.40, as follows. Hamilton Investment Company, Water, Eighth Supplemental Addition of the Country Club Estates from October 30, 1967, to October 30, 1968; $758. 31 Hawkeye Development Company, Water, Section D 2 and E 2 of University Park Addition from Ocotber 15, 1967, to October 15, 1968; $3,417.50 Sunnyside Development Company, Sewer, Section 2 A and Section 2 B of the Sunnyside Heights Addition, from Ocotber 29, 1967, to October 29, 1968; $499.04 Hawkeye Development Company, Sewer, Sections D 2 and E 2 of University Park Addition, from October 7, 1967, to October 7, 1968; $868.96 Hamilton Investment Company, Sewer, Eighth Supplemental Addition of the Country Club Estates from October 30, 1967, to October 30, 1968; $117.84 Hamilton Investment Company, Sewer, Seventh Supplemental Country Club Estates from Ocotber 31, 1967, to October 31, 1968; $202.89 Norman Downing, Sewer, Second Supplemental Addition to Park Place from October 31, 1967, to October 31, 1968; $102.86 Motion seconded by Alderman Wills, and carried unanimously. Item 11 City Manager Jack Davis requested approval of a resolution authorizing execution R.` of a contract for mass transit study. � � f ! RESOLUTION NO. 869 WHEREAS, the City of Wichita Falls, Texas, organized and existing under and by virtue of the laws tbf the State of Texas, (herein called the "City") , has heretofore submitted an application to the Unites States of America, acting by and through the Department of Transportation (herein called the "Government") , for an Urban Mass Transit Technical Studies Grant for the purpose of conducting a detailed study of the mass transit needs of the Wichita Falls area, and WHEREAS, the Government has approved the said application subject to certain conditions and has submitted to the City a Grant Contract for Project TEX-T9-1, for approval and execution by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, L. Jack Davis, is hereby authorized and directed to enter into a contract with the United States of America, in order to participate in the above said grant and the City Manager is authorized to execute said contract for the City of Wichita Falls. 1311 i j Item 11 cont'd. Moved by Alderman Davis that Resolution No. 869 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Mrs. Guerra appeared regarding property at Gaston and Park and Loop 165 and Lake, which was left by her deceased father. This property has previously been ordered .� ' demolished or repaired. Mrs. Guerra requested more time in which to make somearrange- �` .` ments concerning this property. Mayor Hill suggested that she do all that she can in 60 days to clear it up, and if at that time it still has not been settled to come back to the Council with some definite plans, and they would discuss it further with her. Moved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 4:10 P.M. PASSED AND APPROVED this �� day of 1968. c May r ATTEST: City Clerk i iV 1