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Min 11/19/1968 1312 Wichita Falls, Texas Memorial Auditorium Building November 19, 1968 Items 1 4 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 M. Davis X Aldermen Dick Darner X . Max Kruger Z Cletus C. Schenk X Bob }Hughey Assistant City Manager Malcolm Hughes Assistant City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Taylor. Item 3 Moved by Alderman Darner that the minutes of the meeting held November 5, 1968, be approved. Motion seconded by Alderman Wills, and carried unanimously. / - - — — — — — — �� Item 4a A proposed ordinance was presented declaring the necessity for improvements on Arclicr-Ila.milton-Hampstead, Phase I, under the 1967 Capital Improvements program. ✓' ORDINANCE NO. 2463 AN ORDINANCE LETEkMINING THL NECESSITY FOR THE ORDERING AND PROVIDING FOR 'TtiL IPIPROVLMLNT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CI'i'Y OF WILhITA FALLS, TEXAS, DESIGNATED AS THE ARCHER-HAMILTON-HAMPSTEAD PROJLC'T PHASE I, OF THE 1967 BOND PROGRAM, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDLivT THERETO. Noved by Alderman Taylor that Ordinance No. 2463 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 4b A proposed ordinance was presented declaring the necessity for improvements to Grant Street on the south nd at Kemp, Boulevard. ORDINANCE NO. 2464 f AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR `IHL IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS A PORTION OF THE SUPPLEMENTAL PAVING FOR KEMP BOULEVARD PROGRAM, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR AND PROVIDING SUNDRY OTHER MATTERS INCIDENT TI ILRLTO. Moved by Alderman Schenk that Ordinance No. 2464 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: none Iter,. as A proposed resolution was presented authorizing the Attorney General to represent ti-'e Lity in a price fixing suit relative to library books, at no cost to the city. Of the 38 publishers, wholesalers, and jobbers involved in this action, the City of Wichita Falls has purchased books from three of them during the indicated period of 1939 through 1966. RESOLUTION NO. 870 MiLRLAS, it appears that library editions of children's books have been purchased by the State of Texas and its agencies and by public school districts in Texas, dir- ectly or indirectly from publishers and wholesalers at fixed and excessive prices resulting from an illegal conspiracy in restraint of commerce or otherwise in violation of federal anti-trust laws; and, WhLRLAS, the Attorney General of the State of Texas, acting in his official cap- acity to prctect and further the interests of the State and its public agencies, has uruertaken to institute appropriate federal treble damage anti-trust proceedings oi: behalf of the State of Texas and to act as the legal representative of Texas public school districts in such contemplated suit, to recover whatever damages may have resulted, entirely without cost or expense to the undersigned. Noll , liiLRLFORL, BE IT RESOLVED BY THI, BOARD OF ALULMLN OF THE CITY OF WICHITA FALLS, TEXAS: That Lrawford L. Martin, Attorney General of Texas, is hereby authorized to take any and all legal actions, institute such legal proceedings and effect such settle- ments thereof as he may deem appropriate to recover for this City, such damages as may have been incurred in purchases of library editions of children's books, the price of which was affected by violations of the federal anti-trust laws. Moved by Alderman Wills that Resolution No. 870 be passed. 1"1otion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: ,'done Item 5c i A proposed resolution was presented authorizing sale of property to Texas highway Department on Kell Freeway under the 1967 Capital Improvements program. RESOLUTION NO. 871 WhLRLAS, the Lity of Wichita Falls and the Texas highway Department are co-operat- in iii the construction of hell Freeway, Project 52-071 under the 1967 Capital Improve- ments Prc> rarr: of the City of Wichita Falls; and, WhLRLAS, by contract signed January 31st, 1968, the City and the Texas Highway 1je, ar.tment agreed that they would share equally in the cost of the right-of-way for this project; and, i'ILRL-AS, the twelve parcels hereinafter described were acquired and paid for by tie City of Wichita Falls during the hardship phase of right-of-way acquisition, and the Texas iiighway Department has approved the full appraised value as determined by appraisers employed by the laity, and the parcels were purchased by City for such appraised values; and, WiiLRLAS, the Texas highway Department will reimburse the City in an amount equal tc fifty percent (500) of the total appraised values of these parcels as soon as deeds thereto from the Lity to the State of Texas have been delivered and recorded. NOi�, TliLREFORL, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor, acting for and in behalf of the City of Wichita Falls, is hereby authcrized and directed to execute deeds conveying unto the State of Texas the following; tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 182, 303, 370, 383, 369, 400, 181, 248, 327, 330, 399 and 582, all of which are s1t:ecifically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deec;s slmli be the sum of fifty percent (50a) reimbursement of the value of One 1314 Item Sc cont'd. hundred Seven Thousand Two Hundred Thirty Nine ($107,239.) Dollars of the said property under the terms of the above mentioned contract. Such deeds shall reserve all of the oil, gas and sulphur under the lands conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drill- ing for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein and thereunder. Such deeds shall contain a general warranty. Moved by Alderman Schenk that Resolution No. 871 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Prays: None ✓ Item 5d l Approval of a contract with the Weeks Park Golf Professional was recommended by Lloyd Rigby, Director of Parks and Recreation. RESOLUTION NO. 872 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TIT 1 : That certain contract between the City of Wichita Falls and J. F. (Frank) Stagner, whereby City employes Stagner as the golf professional at the Weeks Park Golf Course, and leases to him the golf pro shop and other facilities for a term of three (3) years, commencing January 1st, 1969, is hereby approved, and the City Manager is hereby authorized to execute such contract for the City of Wichita Falls. Moved by Alderman Schenk that Resolution No. 872 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Alderman Schenk requested that Mr. Rigby furnish them with information concerning revenue received by the Professional. Item 5b John J. Roark, Director of Public Works, requested approval of a resolution authorizing proposals to property owners on certain projects under the 1967 Capital Improvements program. / ; r RESOLUTION NO. 873 q/ WHERL•AS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WhLREAS, 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 acid/or Assistant City Manager. irOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway -_ Project 52-071 Property A part of Lot 20, Block 66, Southland Addition Archer-I-Iamilton-Hampstead - Project 52-074 1:i15 Item �b cont'a. Property Lot 22, Block 21, Hillcrest Addition Lot 22, Block 21, Hillcrest Addition SLCTIUN NU. 2 . The project and properties to be purchased by Easement are as follows: Plum Creek Drainage - Project 52-083 Property A part of Block 7 of the Ed Woodall Subdivision, being a part of the tract described in Volume 740, Page 147 and Volume 547, Page 401, of the Deed Records of Wichita County, Texas A part of Lot 7, Block D of Ray-Massie Subdivision No. 1, being a part of the tract described in Vol- ume 913, Page 346 of the Deed Records of Wichita County, Texas Combined total of appraisals approved in this resolution - �21,835.00. SLCTIUN NO. 3 The appraised value of such properties are hereby approved and the City Marager is hereby authorized to purchase, by Warranty Deed or by Easement as listed, 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. SLCTION NU. 4 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 Kruger that Resolution No. 873 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 5e A proposed resolution was presented by Bob Hughey, Assistant City Manager, l supporting the views taken by the Texas Municipal League at its annual conference held in Dallas on November 10-13, 1968. ` V ✓ RESOLUTION NO. 874 WHEREAS, the Department of Transportation, acting through the Federal Highway Administrator, has promulgated a new Part 3 to Title 23 of the Federal Regulations, which relate to the determination of highway routes and locations, together with many requirements by which public hearings regarding such highway planning would be governed; and, WhLRLAS, such regulations would prevent the Texas Highway Commission from exercising its judgment and authority concerning the location, design and construct- ion of highways, and would thereby destroy the orderly process of highway planning wit;,in the State of Texas; and, 4hLRLAS, the Texas Highway Commission, by resolution dated November 1st, 1968, has opposed such proposed regulations by the United Stated Department of Transporta- tion, NOW, ThERLFURL, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TI-iAT: The City of Wichita Falls hereby expresses its whole hearted support of the Texas highway Commission in its opposition to these proposed regulations by the United States Department of Transportation, which would usurp the functions of the 1316 Item 5e cont'd. Texas Highway Commission relating to the determination of highway routes; copies of this resolution shall be forwarded to the Texas Highway Commission, Senator John Tower, Senator Ralph Yarborough and Congressman Graham Purcell. Moved by Alderman Kruger that Resolution No. 874 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, Kruger, and Schenk Nays: None Alderman Wills was out of the room when the vote was taken. Item 6 Joe Smith, Director of Public Utilities, requested approval of Change Order No. 1, • and final estimate to the contract with Panhandle Construction Company for water system improvements 1967-A. The Change Order is in the amount of $873.84, and final contract price is 4224,475.19. f Moved by Alderman Schenk that Change Order No. 1 and final cost estimate be approved as recommended. Hotion seconded by Alderman Wills, and carried unanimously. Item 7a Permission was requested by Roy Wilshire, Director of Planning and Traffic, to advertise for bids on traffic signal equipment at Ninth and Kemp to replace a controller which was destroyed when struck by a truck. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Schenk, and carried unanimously. Item 7b Permission was requested by Ben Shelton, Director of General Services, to advertise for bids for 21 sedans and 15 trucks for various departments. Moved by Alderman Davis that authority be granted to advertise for bids as requested. Motion seconded by Alderman Kruger, and carried unanimously. Its 8 Moved by Alderman Schenk that minutes of the meetings of the Traffic Commission „ a' y held November 12, 1968, and Planning Board held November 130 1968, be received. Motion seconded by Alderman Kruger, and carried unanimously. i Item 9 John P. Ruhmann, Director of Water Development, presented a proposed resolution l approving the final contract for sale of water to the town of Holliday, Texas, and authorizing the mayor to execute same. Minor changes made in the contract stipulate that the type of meters and location will be agreed to by the City and Town prior to delivery of water, and that no municipality shall be furnished water without approval of the City. f l 1 V RLSOLUTION NO. 875 WI1RLAS, heretofore on October 15th, 1968, the Board of Aldermen adopted Resolution No. 857 approving a contract with the Town of Holliday, providing for the sale of water to such Town; and, Item 9 cont'd. WHERLAS, the Town of Holliday has requested certain minor changes in said ccntract, which are agreeable to the City of Wichita Falls. NOW, TURLFORE, BE IT RLSOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TLXAS, T1U1T: That certain contract with the Town of Holliday, providing for the sale of water to such Town is hereby approved, and the Mayor is hereby authorized to execute the same for the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 875 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk Nays: None Item 10 i Jack Ballard, 1013 Cottonwood, appeared regarding city facilities and services on Cottonwood Street, threatening suit unless the City complies with his requests Of ingress and egress across drainage ditches or de-annexation of that street. Mayor dill stated that his presence had been duly noted, and invited him to appear at any time, ;Moved by Alderman Wills that the meeting be adjourned. Moti<:n seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 3:20 P.M. PASSLD ANL APPROVED this ��. day of ,r 4 � �„ J 1968. ayor ATTLST: City Clerk