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Min 12/17/1968 1325 Wichita Falls, Texas Memorial Auditorium Building December 17, 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 o'clock P.M. , with the following members present: Kenneth Hill Mayor Don Wills X Dick Darner X Aldermen Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Evelyn h1. Lesh Acting City Clerk Harrison L. Taylor Absent James M. Davis Absent Max Kruger Absent The invocation was given by Alderman Schenk. The Mayor welcomed the visitors, and introduced his nephew, Randy Ewing, who was in the audience. Item 3 Moved by Alderman Schenk that minutes of the meeting held December 3, 1968, be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 4a Rev. bryon K. Rose, Chairman of the Human Relations Commission, submitted an f, aili,u?.l report of activities. / fie stated that we are not looking at our community through rose colored glasses, we gre well aware that problems do exist in our community. We are still atthe point of investigation and study. We want people to come to us and inform us of problems in refarci to human relations, but we do feel in many instances the Commission has been a sine liaison and reconciling group of people that has brought about better human rQlatioi:s in our community. There is still a great deal of work to be done, but at lcast we have made significant inroads to better human relations. lie commended the City Council for the establishment of the Human Relations Comm- ission, and stated they are proud of the fact that we are one of the five commissions of the whole State of Texas. fie stated that the City of Wichita Falls has had vision ar,d insight in establishing this type of commission that it is important to the total welfare of our community and to its progress. fie thanked the City Council and City Manager Jack Davis, for their splendid cooperation. Also, he commended Ben Shelton, Executive Secretary of the Commission, for his work. He expressed hope that they of the Commission will continue to work and serve our community in the best possible way in the area of developing a good program concerning human relations. Mayor Bill stated he appreciated Rev. Rose very much for his work. City Manager Jack Davis stated it was not a commission in name only, that they had worked at it. Item 4b L. L. Farmer, Chairman of Properties Committee, First Baptist Church, appeared, rccucsting permission to construct a parking lot west of Bluff Street. He stated that ;( �t t}�e First Pdetho-ist Church has a parking lot exactly as they plan to construct. His sjecific request was to use city property between the curb and the property line as if 1326 I'tcri,. -b c on, 'd. it were ',heir owls, with the restriction that if the City needed it, they could use it. he stated that 4his would not give them any additional parking spaces; how- ever, it. w, u' 6 dive them 17 feet and 6 inches more backup space. All of their are on 8-_h and 9th Streets. City Mai,aaer Jack Davis stated that he was disappointed that they would ask this o'F the Lcuncil . "Iaycr dill read a rieiimranuum from Roy Wilshire, Director of Planning and Traffic, tc the council, Nr. Wilshire stated that this request has been presented numerous t mF:s tc tiie P1al ring Board, any] has been denied; and since it is contrary to the Lity's establisiieu.. policy, lie stated it would be unfair to all those who have prev- ic:usly ccmNl.ieu ar.d wculd set a precedent which would virtually destroy a reasonable reciuiremei,t. Alderman Schenk stated lie would like to have the opportunity to discuss this further to see if the others who have built parking lots are in line with the City's requirements. lie asked that the council be given additional time to study this request. Air. Farmer stated that they had planned to start immediately, but that he certainly would like to give the council all of the time necessary. He stated that they realized that it was not in accordance with all of the City's regulations. Alderman Wills stated he would like to know the City's policy. Roy Wilshire, Director of Planning and Traffic stated that his memorandum ex- plained this, and it was set out by the Traffic and Planning Commission. Alderman Darner stated that in the event the street is widened the church would lose a whole row of parking. Movea by Alderman Schenk after further discussion, to continue the policy that has been set out, and to deny the request. Notioii seconded by Alderman Wills, and carried by the following vote: Ayes: Mayor mill, Aldermen Wills, Darner and Schenk Nays: None At this time Mayor hill recognized former Mayor Winston Wallander, who was in the audience. � y Item 5a ✓ An ordinance increasing refuse rates on certain properties abutting new alley paving was presented by John J. Roark, Director of Public Works. ORDINANCE NO. 2466 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Schenk that Ordinance No. 2466 be passed, as presented. Hotici, seconded by Alderman Wills, and carried by the following vote: Ayes: Mayor 1iill, Aldermen Wills, Darner and Schenk mays: None ),Iterc. 5b Jolin J. Roark, Director of Public Works, presented an ordinance accepting imp- rovements oil Grant Street from Avenue I to Kemp Boulevard. ORDINANCE NO. 2467 ORDINANCE ACCEPTING IMPROVEMENTS ON GRANT STREET FROM KEMP BOULEVARD TO AVENUE I IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NU . 2389; DECLARING THE CONTRACT WITH R. 0. GREEN CONSTRUCTION COMPANY, 1327 Item Jb cciit'd. FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTIFICATES IN EVI- DENCE 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 THE APPROPRIATE ORD- INANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Darner that Ordinance No. 2467 be passed, as presented. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item Sc Roy Wilshire, Director of Planning and Traffic, presented an ordinance closing the alley between Lots No. 1 through No. 5 of Block 3 of the Scurry Subdivision. ORDINANCE NO. 2468 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY BETWEEN LOTS NO. 1 THROUGH NO. 5 OF BLOCK 3 OF THE SCURRY SUBDIVISION. Moved by Alderman Wills that Ordinance No. 2468 be passed, as presented. Notion seconded by Alderman Schenk and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None s Item m 5d I Roy Wilshire, Director of Planning and Traffic, presented an ordinance establish- ing parking meter zones in the General Hospital area. ORDINANCE NO. 2469 AN ORDINANCE AMENDING SECTION 29-148 OF THE TRAFFIC ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PARKING METER ZONES; AND REPEALING SECTION 29-114 (e) ESTABLISHING TIME LIMIT PARKING RESTRICTIONS IN SPECIFIC PLACES. Moved by Alderman Schenk that Ordinance No. 2469 be passed, as presented. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item 6a .,' A resolution was presented commending Mrs. M. D. Cherry for her service on the �- Park board. RESOLUTION NO. 882 WHEREAS, Mrs. M. D. Cherry has resigned from the Wichita Falls Park Board; and, WHEREAS, Mrs. Cherry was appointed to the Park Board in February, 1960, and has served her City in this capacity for almost nine years; and, WHEREAS, during this time Mrs. Cherry has unselfishly devoted a great amount of her time and talents to the betterment of the Parks and Recreation areas in the City; and, WHEREAS, both our citizens and the visitors to our City will enjoy the results of the service which has been so generously performed by Mrs. Cherry for her community, ♦,32 (J Item 6a cont'd. NOW, THEREFORE, bh IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Mrs. M. U. Cherry is hereby highly commended for her long service on the Wichita Falls Park Board, and the appreciation of the citizens of Wichita Falls is hereby expressed to her. Moved by Alderman Wills that Resolution No. 882 be passed, commending Mrs. Cherry for her service on the Park Board. Motion seconded by Alderman Darner and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Mrs. Cherry stated it was with regret that she had to resign. \Iterci 6b — — i A resolution was presented approving a contract between the City of Wichita Falls and Texas Llectric Service Company. This is for a renewal of a contract which originated 1,iay 25th, 1948, wherein the City agreed to maintain and operate a canal from Lake Wichita to the Reservoir of the Company. This item was tabled. A . Item 6c l A resolution was presented authorizing Pleasant Valley to sell water to Grozier and Mann Oil Company Shamrock Truck Stop and to residences between such corporate limits and truck stop. RESOLUTION NO. 863 WHEREAS, the City of Wichita Falls and the Town of Pleasant Valley entered into a contract dated April 9th, 1968, providing for the sale of water by Wichita Falls to Pleasant Valley; and, WHEREAS, Pleasant Valley has requested permission from Wichita Falls to sell water to the Grozier and Mann Oil Company Shamrock Truck Stop, which is located approximately three-fourths of a mile north of the corporate limits of Pleasant Valley at the intersection of FM 369 and the US 287 Expressway, and to the res- idences between such corporate limits and truck stop. NOW, THL•REFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, 'TEXAS, THAT: Permission is granted to Pleasant Valley to sell water to such Shamrock Truck StoY ai.d to the residences between it and the corporate limits of Pleasant Valley; provided, however, that any such purchasers will waive any rights to avoid future assessn;ents or Pro rata costs should the City of Wichita Falls ever annex their area. Ncved by Alderman. Schenk that Resolution No. 883 be passed. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor hill, Aldermen Wills, Darner and Schenk Nays: None Item 6d A resolution was presented amending Resolution No. 861 by deleting the provision that a minimum fee of twenty-five cents be charged to everyone for parking on the General Hospital parking lot. RESOLUTION NO. 884 WhLREAS, on November Sth, 1968 the Board of Aldermen of the City of Wichita Falls adopted Resolution No. 861 which provided, inter alia, that as part of the considerat- ion for the sale to Wichita County-City of Wichita Falls, Texas, Hospital Board of all 1329 Item 6d cont'd. Block 257 of the Original Town of Wichita Falls, save and except Lot 1 of the replat of Lots 1 through of such Block, the Hospital Board shall agree that a minimum fee of tweiity-five cents be charged to everyone for parking on the parking lot; and, WhLRLAS, such requirement is no longer deemed necessary. NOW, ThLREFORL, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Said Resolution No. 861 is hereby amended by deleting the provision tiereiii that a minimum fee of twenty-five cents be charged to everyone for parking azi the lar.king lot. SLLTION 2. As part of the consideration for the sale of such property, said icsi:ital shall atiree that if the revenue received from the property is insuffi- cient to r.:ake each payment when it becomes due on said note, the Hospital Board shall prcvide the difference necessary to make such payment from some other source of revenue. it. F'. Hodge, City Attorney, recommended striking out the last two words of the resolution. Moved by Alderman Darner that Resolution No. 884 be passed, striking out the last two words, as recommended by City Attorney H. P. Hodge. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk mays: None ✓. Item 6e Jahn J. Roark, Director of Public Works, presented a resolution authorizing ¢ tj proposals to property owners on Archer-Hamilton-Hampstead, Project 52-074, under ✓ the 1967 Capital Improvements Program. RESOLUTION NO. 885 WhLRLAS, it is necessary to acquire the property hereinafter described for ccr.st.ruction of the listed projects in the 1967 Capital Improvements Program, and, WhLRLAS, 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 arid/or Assistant City Manager. NUW, 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: Archer-Hamilton-Hampstead - Project 52-074 Property Lot 21, Block 21, Hillcrest Addition Combined total of appraisals approved in this resolution - $16,000.00. SLCTION N0. 2 The appraised value of such properties are hereby approved and the City 11anager is hereby authorized to purchase, by Warranty Deed, such tract of laic: as shown on said right-of-way map. The authorized price to be paid for each tr cc is the appraised value as determined by the independent real estate appraiser employe" by the City. SLCTION 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. 11ove6 by Alderman Schenk that Resolution No. 885 be passed, as presented. ilction seconded by Alderman Wills and carried by the following vote: Item 6e cont'd. Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None — — — — — — — — — J� Iter, 6f A resolution was presented continuing the City-County Health Unit for the two year period from January 1st, 1969 through December 31st, 1970; the appointing of Kenneth C.. Bebb, M. D. , as member of the Wichita Falls City-County Board of Health, and approving the appointments by the Wichita County Commissioners Court of Roger Humphrey, M. D. and C. J. Lippard as members of the Wichita Falls City-County Board of health. RESOLUTION NO. 886 BE IT RESOLVED BY Thh BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, ThHAT: SLCTIGN 1. The Wichita Falls City-County Health Unit shall be continued as a Cit; -County Health Unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the two year period from January 1st, 1969 through December 31st, 1970. ShCTION 2. Kenneth C. Bebb, A1. U. , is hereby appointed a member of the Wichita Fails City-County Board of Health for a term of two years, commencing January 1st, 1969. SECTION 3. The appointments by the Wichita County Commissioners Court of Roger humphrey, M. D. and C. J. Lippard as members of the Wichita Falls City- County Board of Health for two year terms commencing January 1st, 1969 are hereby approved and confirmed. ,"ioved by Alderman Darner that Resolution No. 886 be passed. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor hill, Aldermen Wills, Darner and Schenk Nays: None — — — — — — — — — Item 6g ✓/� A resolution was presented calling a public hearing to annex all of Lake Arrowhead located in Clay and Archer Counties, Texas. RESOLUTION NO. 887 BL IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, T AT: A public hearing shall be held in the City Council Room in Memorial Auditorium in Wichi a Falls, Texas, at 2:30 o'clock P.M. on the 7th day of January, 1969, at which time all interested persons will be given an opportunity to be heard con- cexning the intention of the Board of Aldermen to institute annexation proceedings, annexing all of Lake Arrowhead located in Clay and Archer Counties, Texas, together with all land owned by the City of Wichita Falls adjoining Lake Arrowhead, and annexing the right-of-way which has been acquired by the City of Wichita Falls fcr the water transmission line from Lake Arrowhead to the present City limits of the City of Wichita Falls, Texas. The City Clerk is directed to give public notice of such nearing by publishing a copy of this resolution in a newspaper having gen- eral circulation in the City and in the territory proposed to be annexed. Moved by Alderman Wills that Resolution No. 887 be passed. Motion seconded by Alderman Schenk and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None — — — — — — — — — Item 7a 4 J Lloyd Rigby, Director of Parks and Recreation, presented Change Order No. 1, in the amount of 451,727.36, with Heber Brantley and Luce Construction Company, for Please I roadways and parking areas in Lake Arrowhead Marina Bay Park, for approval. Mcved by AlUe-m?n Wills that Change Order No. 1 in the amount of $51,727.36 be axXrove". otioL seconded by Alderman Schenk and carried by the following vote: 1331 Item 7a cont'd. Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None City Manager Jack Davis stated that he thought it had been the intent to make available to Henrietta and/or Clay County, some land adjacent to Lake Arrowhead on the east side, a relatively small part, 10 or 15 acres, to develope a park. Moved by Alderman Wills that the City Manager be directed to negotiate with V Henrietta and Clay County, to develope a park on the east side of Lake Arrowhead. Motion seconded by Alderman Schenk and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item 8a Lloyd Rigby, Director of Parks and Recreation, requested permission to advertise for bids for equipment storage and maintenance building at Weeks Park Golf Course. iEstimated cost is $6,000, and is a budgeted item. Moved by Alderman Schenk that authority be granted to advertise for bids for equipment storage and maintenance building at Weeks Park Golf Course. Motion seconded by Alderman Darner and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item 8b w` / 'R Lloyd Rigby, Director of Parks and Recreation, requested permission to advertise c' ' j✓ for bids for construction of boat launching ramps at Lake Arrowhead. This consists of a 9-bay boat launching ramp, estimated cost is $21,128.75, and it is included in the Phase I development of the park. Plans and Specifications have been reviewed and approved by the Texas Wildlife Department. Also, permission is requested to ask for alternate bids for a 2-bay launching ramp at Shoshoni Park located on the west side of Lake Arrowhead, and a 2-bay ramp to be located at Pawnee Point on the east side of the lake. Although federal funds are not involved in these two alter- nates, it is certainly advisable to install the ramps before the lake level reaches the 910 foot elevation. Moved by Alderman Wills that authority be granted to advertise for boat launch- ing ramps as requested. Motion seconded by Alderman Darner and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None r Items 9a,b,c Moved by Alderman Wills that the minutes of the following meetings be received. a. Traffic Commission - December 10, 1968 b. Planning Board - December 11, 1968 c. Plumbing Advisory Board - December 4, 1968 Motion seconded by Alderman Schenk and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item 10a Moved by Alderman Schenk that the following water reimbursement contract payments, in the amount of $696.26, and sewer, in the amount of $1,476.04, for a total of $2,172.30, be approved. R. D. Montgomery and C. B. Johnson, Water, Section One, Montgomery-Seymour heights A�:dition from November 17, 1967, to November 17, 1968; $696.26 13s2 Item 10a cont'd. Sunnyside Development Company, Sewer, Second Section of Sunnyside Heights Audition, from November 30, 1967, to November 30, 1968; $320.51 rawkeye Development Company, Sewer, University Park Addition, Sections E 1 and I) 1 from November 30, 1967, to November 30, 1968; $1,155.53,0--., Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None Item 10b City Manager Jack Davis presented a proposal regarding bids on City property, formerly Catholic School property. He stated that on December 9th at 10:00 a.m., the City opened the bids for one quarter of the Catholic School property being offered for sale by the City of Wichita Falls. Independent appraisers had set the property value at $90,000. Two bids were in the hands of the City Clerk at 10:00 a.m. and were opened; Falls Manor - $76,000.00; George Richie - $72,001.54. Aise jresent at the bid opening was a representative of Barshop Motel Enterprises. he raised the question of a third bid which had been mailed from San Antonio on December 3rd. Mrs. Thomas called the Post Office Department and was told that no record of of such a letter was in the Wichita Falls Post Office. Notwithstanding, the letter was picked up by our employees later that morning. Apparently, on December 5th, a pink slip notification was placed in the City's mail bag that a registered letter was in the Post Office. However, due to several reasons, the letter was i;ot picked up until the above time and thus was not opened at the regular tir.-,e. Attorneys for Barshop Motel Enterprises have requested that such bid be opened and considered and have, in fact, notifed us that their bid was in tie amount of �76,500.00, for purchase of this property. Mr. Davis stated that the Council has four alternatives before it: 1. Accept the high bid at the time of the opening. 2. Authorizes by council action, the opening and inclusion of the late bid, which was apparently no fault of the bidder. 3. Seek a declaratory judgment from the District Court to determine whether the bid was technically received on time and should be opened, or, 4. Reject all bids. Alde-Mai Schenk stated he thought the minimum figure should be set at $85,000. ir. Bars :op stated that he had been shopping for a location for a motel in the ci::y of Wichita Falls, and that if his bid is accepted that a motel would be completed in oiie year, but if not he didn't know if he would enter into negotiations or not. Alderman Wills stated he was surprised at the bids since the property was appraised at ; 90,000. pity Manager Jack Davis recommended that we negotiate with the three that bid on the property for a sealed quotation. Moved by Alderman Schenk that all bids be rejected, and that we negotiate with the three bidders as recommended by City Manager Jack Davis, and that the minimum figure be 085,000. Motion seconded by Alderman Wills and carried by the following vote: Ayes: Mayor Hill, Aldermen Wills, Darner and Schenk Nays: None George Keith asked what the council planned to do. City Manager Jack Davis stated he would contact each of the three bidders with the minimum figure of $85,000.00. Aioved by Alderman Darner that the meeting be adjourned. Motion seconded by Alderman Wills and carried unanimously. � lsss The hoard of Aldermen adjourned at 4:10 P.M. PASSED AND APPROVED this 7:e1V day of Tor ATTEST: City Clerk