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Min 12/03/1968 1318 Wichita Falls, Texas Memorial Auditorium Building December 3, 1968 Items 1 I; 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session or: 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 X Cletus C. Schenk X Jack Davis City Manager h. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The invocation was given by Alderman Wills. Visitors were welcomed by the Mayor. Item 3 E Moved by Alderman Schenk that minutes of the meeting held November 19, 1968, be approved. Motion seconded by Alderman Wills, and carried unanimously. Ald.err.an Darner read a proposed resolution from the Mayor and Council commending laity Manager Jack Davis. V w RESOLUTION NO. 876 WHEREAS, on January 14, 1963, Jack Davis became City Manager of the City of Wichita Falls; and, WHEREAS, Jack Davis has tendered his resignation as City Manager, effective January 31, 1969, at which time he will have served the citizens of Wichita Falls with outstanding ability and great distinction for more than six years, the longest period any man has served in that capacity; and, WHEREAS, during his tenure of office he has provided the leadership under which many important capital improvements were planned, developed, promoted and constructed; and, WHEREAS, his energetic guidance and foresight not only made Wichita Falls a prog- ressive and modern City, but also laid the foundation for even greater development and improvement in the future; and, WHEREAS, the Board of Aldermen would prefer to postpone indefinitely the resignat- ion of Jack Davis; however, in deference to his desire to enter private business, such resignation has been accepted with sincere and profound regret. NOW, THEREFORE, BE IT RESOLVED BY WE, THE UNDERSIGNED BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Y Jack Davis is highly commended for the excellent job he has done and the superior results he has accomplished for the City and its citizens as City Manager; he is also especially commended for the highly qualified staff which he organized and which will continue to serve the City. BE IT FURTHER RESOLVED that the people of Wichita Falls through their elected representatives wish Jack Davis and his family continuing success. :5 9 Item 3 e(:nt'd. Moved by Alderman Schenk that Resolution No. 876 be passed, and commending Jack Davis for the leadership which he has provided the City of Wichita Falls, and for the progress he has instituted. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None City Manager Jack Davis thanked the Council for the sentiments expressed, and stated that it has been his privilige to serve the City of Wichita Falls. v May r Dill explained that the Council had met to formulate policy of securing a rel;lacer,.ent for Jack Davis. Iie stated that the :Mayor and Council will be the selection b<uy; that they have selected sixteen top city managers of Texas to send invitations fc,v subrissi(n of a. resume, with a deadline of Devember 15. He further stated that these invitations do nct preclude any other person from making application. He als,- sta.teG th a they plan tc not give out any information as to who they are inter- viewing, and askew that the news media cooperate with them in this respect. Iter; 4a Award of the contract on Kemp Boulevard and supplemental paving was considered. John J. Roark, Director of Public Works, presented the bids received on this project, stating that a discrepancy was noted in the bid of K-P Construction Company, Inc. , in the amount of �20,000, in that the total bid quoted was 4623,536.71; however, extension of the unit prices amounted to y603,536.71. Specifications state that the total bid shall be as determined by extension of the unit prices quoted rather than the total trice shown. It was obvious that the extension of one unit price and the total bid had each been modified upward in the amount of $20,000.00. City ;Manage,. Jack Davis recommended that the bid be awarded to Zack Burkett Company in the amount of 4613,072.00 because their bid is clearly submitted, and the bid of K-P Construction Company, Inc. , is not clear. /n' C ORDINANCE NO. 2465 o Aiv URDINA.'JCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF INPRUVLMLNTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS A PORTION OF THE 1968 ASSESSMENT PAVING PROG- RAM, 1L14P BOULEVARD, SUPPLEMLNTAL PAVING FOR KEMP BOULEVARD AND SUPPLEMENTAL PAVING FUR WLNONAI -ARTHUR-GRANT DRAINAGE PROJECTS AT VARIOUS LOCATIONS IN 'iliL LI'1Y OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR BEARING OF THE O NL}'S OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLLIz, TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS ANI; ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THL BOARD OF ALDERMEN Ali-D BY FILING THE COMPLETE ORDINANCE IN THE APPROP- RIATE UI:DINA�CL RECORDS OF TIME CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY UThLR MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Davis that Ordinance No. 2465 be passed, awarding the contract to Zack Burkett Company as recommended, and setting the date of the benefit hearing on January 21, 1969. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None Y' Item 4b A discussion was held on the present liquor zone. Alderman Schenk made a lengthy presentation regarding the history of the liquor zone, stating that in 1946 the sale of liquor was voted in Precincts 1 and 3, and that in the same year the City Council confined sales in Wichita Falls to roughly Fire Zone One. fie also reviewed some of the legal action which has been taken, and is now being taken against the City in regard to the present liquor zone ordinance. 1320 Item 4b cont'd. he cited the following as advantages in allowing a person to rebuild outside the liquor zone: to prevent a fire hazard, improve safety, beautification, economic value to the city in increased taxes, wider choice of groceries for people in that area, removal of blight area, and discriminating to force one man out of business and create a monopoly for a competitor across the street. (It was later pointed out that the City is not prohibiting anyone from constructing a new building, but under the present ordinance he cannot construct a new building and keep his liquor license, too) . Alderman Schenk stated that good business judgment and common sense must be used in deciding this issue. Moved by Alderman Schenk that that portion of the ordinance which prohibits re- building be amended to allow rebuilding, altering or enlarging after plans and speci- fications have been approved by the City of Wichita Falls; further, that a committee as unbiased and unprejudiced as possible be appointed to study how to expand the liquor zone tc other localities in the City. The motion died for lack of a second. Alderman Darner stated he felt they should study the matter further; that he was not prepared to second Mr. Schenk's motion; however, he agreed with some of the things he said. He felt that a study of the whole problem to seek an equitable solution should be made as soon as possible. City Attorney H. P. Hodge briefed the Council on the liquor zone ordinance as it now stands. Alderman Davis made several remarks, stating that in essence he agreed with most of what Aldermen Schenk had said, but that an over-all problem exists, and that he would move to take no action on amending the present ordinance, and instructed the City Manager to make a study of the possibility of enlarging the liquor zone from the downtown area, and report to the Council no later than January 21, 1969. Motion seconded by Alderman Wills, and carried unanimously. He stated he would like to hear from interested parties. Item Sa A proposed resolution was presented approving a contract with Scott Manufacturing Company for drainage easement on Kemp Boulevard project. RESOLUTION NO. 877 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between Cyrus W. Scott Manufacturing Company and the City of Wichita Falls, dated November 29th, 1968, whereby the City purchased from said Company right-of-way for drainage easement and the widening of Kemp Boulevard, is hereby approved, and the execution of such instrument for the City of Wichita Falls by the City Manager is hereby ratified and confirmed. Moved by Alderman Schenk that Resolution No. 877 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None d d 'Item 5b A proposed resolution was presented authorizing sale of seven parcels of property to Texas highway Department, which were acquired by the City of Wichita Falls during the hardship phase of right-of-way acquisition for Kell Freeway. RESOLUTION NO. 878 t WHLRLAS, the City of Wichita Falls and the Texas Highway Department are co-operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WILRLAS, by contract signed January 31st, 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way for this project; and, Item 5b cont'd. WhLRLAS, the seven parcels hereinafter described were acquired and paid for by the Cit of Wichita Falls during the hardship phase of right-of-way acquisition, an ' tho Texas highway Department: has approved the full appraised value as determined by apraisers employed by the City, and the parcels were purchased by the City for such appraised values; and, W11RL-AS, the Texas Highway Department will reimburse the City in an amount equal to fifty pe,;,cent (50%) of the total appraised values of these parcels as soon as deeds thereto from the City to the State of Texas have been delivered and recorded. NOW, TiLRLFORL, BE IT RESOLVED BY T11L BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor, acting f(;r and in behalf of the City of Wichita Falls, is hereby authorized an, directed to execute deeds conveying unto the State of Texas the follow- ing tracts or parcels of lane; situated in Wichita County, Texas, to-wit: Parcels 335, 384, 407, 470, 553, 555, an( 557, all of which are specifically 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 deeds shall be the sum of fifty percent (500) reimbursement of the value of Sixty-Six Thousand One Hundred Ninety-Four (466,194.) Dollars of the said property under the terms of the above menti, ned contract. Such deeds shall reserve all of the oil, gas and sulpher under the lands conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling 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 Taylor that Resolution No. 878 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None RESOLUTION NO. 879 I; t WhLRLA5, it is necessary to acquire the property hereinafter described for censtructi .n of the listed projects in the 1967 Capital Improvements Program, and, W}LRLAS, such property has been appraised by an independent appraiser employed for this l.urpose by the City, anul the amount of the appraisal has been studied by the bo.-rd of Aldermen, and is now in the possession of the Director of Public Works and/or Assistant City Manager. :SOW, T11fEFORL, 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: Archer-hamilton-Hampstead - Project 52-074 Property Lot 32, Block 21, Hillcrest Addition Lot 91, Block 24, Hillcrest Addition Combined total of appraisals approved in this resolution - $10,625.00. SLCTIOI4 NO. 2 The appraised value of such properties are hereby approved and the City Manager is hereby authorized to purchase, by Warranty Deed, such tracts of lsan as shr-wii 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 enYloyed by the City. SLCTIOIN 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 Wills that Resolution No. 879 be passed. Moti, n seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor., Davis, Darner, and Schenk Nays: None 1322 i V Item 5b Lunt'd. RESOLUTION NO. 880 t, WHEREAS, it is necessary to acquire the property hereinafter described for construct- ion 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 Texas State Highway Department, and the amount of the appraisal has been studied by the Board of Aldermen, and a copy 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 projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property All of Lot 9 and a part of Lot 10, Block 5, Jalonick Addition. Combined total of appraisals approved in this resolution - $46,000.00. SECTION NO. 2 The appraised value of such properties are hereby approved and the Lity Manager is hereby authorized to purchase in the name of the Texas State Highway Department, by Warranty Deed, 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 Texas State Highway Department. 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 in the name of the Texas State Highway Department. Moved by Alderman Darner that Resolution No. 880 be passed. Motion seconded by Alderman wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None Item 5c A proposed resolution was presented requesting the Texas Highway Department to retain Jacksboro Highway on the highway system. s RESOLUTION NO. 881 HHLREAS, the Board of Aldermen of the City of Wichita Falls, on December 13, 1954, approved and accepted Texas Highway Department Minute Order No. 37392, and, WHEREAS, in accepting the conditions of said Minute Order No. 37392, the City of Wichita Falls agreed to accept into the local road and street system all existing high- way routes which could be relinquished by the State because of expressway construction, and, WHEREAS, the construction of the U.S. 281 Expressway within the City of Wichita Falls would under the above agreement, require that the City of Wichita Falls assume for its maintenance and responsibility that section of U.S. Highway 281 between Scott Street and the intersection of U.S. Highway 281 and U.S. 281 Expressway, and, WhLREAS, since adoption of said Minute Order No. 37392, development in the general area has resulted in a substantial increase in traffic volumes on U.S. Highway 281, and, WHLREAS, the Wichita Falls Urban Transportation Study has projected volumes on U.S. 281 in 1985 of between 5,000 and 10,000 vehicles per day; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1323 Item 5c cont'd. The Texas Highway Department is requested to retain on its system that section of U.S. hi; hway 281 between Scott Street and the intersection of U.S. Highway 281 and U.S. 281 Expressway. Moved by Alderman Schenk that Resolution No. 881 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Alde-men Wills, Taylor, Davis, Darner, and Schenk mays: None 3 Iter., 6a J Pe r,:issi-n was requested to advertise for bids on the following estimated annual sulalies for use of all City departments. t„ t a. 160 batteries } b. 400,000 gallons gasoline c. 60,000 gallons diesel (1. 8,000 gallons oil and grease e. 700 tires and tubes Moved by Alderman Schenk that authority be granted to advertise for bids as re- quested. Motion seconded by Alderman Wills, and carried unanimously. i Iter 6b Paul Yeager, Director of Public Safety, requested permission to advertise for r bids fcr Fillmore and Bonner Street Fire Sub-stations. Keith Downing, Architect, ,)resenteu plans a7;d specifications to the Council. Noved by Al< erm)n Schenk that plans and specifications be approved, and authority granted to adve--tise for bids. I,Ioti n seconded by Alderman Wills, and carried unanimously. Item 7 { l4oved by Alderman Schenk that the minutes of the meeting of the Park Board held Novembe- 26, 1968, be received. t Motion seconded by Alderman Wills, and carried unanimously. City Manager Jack Davis explained that Mrs. Cherry has resigned from the Park Board, and he recommended that that position be filled in January at the expiration of her term. Moved by Alderman Darner that the City Attorney prepare a resolution commending Mrs. Cherry for her service on the Park Board. Motion seconded by Alderman Schenk, and carried unanimously. A petiti n was acknowledged from property owners on Grant and Buchanan Street requesting that the proposed drainage channel in the alley between Grant and Buchanan Streets be constructed as an enclosed structure. Armand Shcrwooc:, 3312 Buchanan, stated that the property owners feel that a drain age ditch -would depreciate their property. It was his desire that the drainage ditch either be covered or placed in the existirL channel, and not in the alley. He also- wanted sides of the ditch brought up to property owners' level in order that they car; maintain it. Mr. R. C. wood, 3304 Buchanan, stated that he hated to see the alley closed; also , that he would like an 8 foot slab of concrete in bottom of ditch. 1324 Item 8 cont'd. Mayor Hill thanked those for appearing. / Item 8b Moved by Alderman Schenk that the following sewer reimbursement contract payments be approved, as correctly checked, in the amount of $1,706.46. Lots, Inc. , a Texas Corporation, Sewer, Colonial Park Addition, Section A, from November 17, 1967, to November 17, 1968; $238.35 University Park Corporation, Sewer, University Park Addition, Exhibit A, from November 30, 1967, to November 30, 1968; $849.55 Hughes Development Company, Inc., Sewer, Hughes Development Company, Inc. , Faith Village No. 3, from Novebmer 18, 1967, to November 18, 1968; $613.56 Motion seconded by Alderman Wills, and carried unanimously. Ite_ m 9 i It was recommended by Roy Wilshire, Director of Planning and Traffic, that the bid for a trenching machine for the Traffic Engineering Department be awarded to Peerless Equipment Corporation, Dallas, Texas, in the amount of $2,114.00. Moved by Alderman Schenk that the bid of Peerless Equipment Corporation be accepted. Motion seconded by Alderman Darner, and carried unanimously. Item 10' %l y City Manager Jack Davis requested permission to advertise for bids on a Lake Kickapoo grazing lease, stating that Mr. Parkey failed to offer a higher price. A five year lease was recommended with a five year option. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Wills, and carried unanimously. Item 11 City Manager Jack Davis stated that the Hospital Board had requested that the Council reconsider the 2-hour parking limit adjacent to the hospital. A motion was made by Alderman Schenk and seconded by Alderman Davis that an ordinance be Prepared to eliminate 2-hour parking. After further discussion this motion was revoked by the following motion. Moved by Alderman Wills that this matter be referred back to the Traffic Commission for study. Motion seconded by Alderman Darner, and carried unanimously. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Taylor, and carried unanimously. The Board of Aldermen adjourned at 4:25 P.M. PASSED XZ APPROVED this 17th day of December , 19 68. ATTEST: JO-L=21� M yor Acting City Cl k