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Min 02/04/1969 1353 Wichita Falls, Texas i Memorial Auditorium Bldg. February 4, 1969 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 Build- ing at 2:30 o'clock P.M. , with the following members present. Kenneth Hill Mayor Don Wills James M. Davis X Dick Darner X Aldermen Max Kruger Cletus C. Schenk Gerald Fox City Manager Malcolm Hughes Asst. City Attorney Wilma J. Thomas City Clerk Harrison E. Taylor Absent The invocation was given by Alderman Davis. Visitors were welcomed by the Mayor, who also explained that this is the first Council meeting for the new City Manager, Gerald Fox, who was a unanimous choice of the Council. Item 3 Moved by Alderman Kruger that minutes of the meeting held January 21, 1969, be approved. Motion seconded by Alderman Wills, and carried unanimously. It..tem 4 The public hearing was opened on the 1969 Street Reconstruction Program. Kirby Kellogg, 4816 Pasadena, appeared stating that he did not believe the assessment on Johnson Road would improve his property in the amount assessed, due to the irregular shape of his lot. He cited the following as reasons: Johnson Road is already paved; a large part of his Johnson Road property has little depth to it; that this property is side footage and he uses Pasadena for downtown travel; that widening and designation as a collector street will decrease the value of his property. tie also produced statements from Mr. C. W. L. Dennis, Mr. Bill Sharp, and Mr. Elvin Dudley, all in real estate business, stating that his property would not be increased in value. Alderman Davis explained that his assessment is for curb and gutter and sidewalk instead of paving. Alderman Wills inquired what amount Mr. Kellogg felt would be fair, and he stated that he did not know. Mayor Hill stated that they would take this matter under advisement. (At this time Girl Scout Cadet Troop 49 was welcomed by the Mayor.) Mr. Robert Stephens, 4604 Dennis Boulevard, protested that he did not use nor intend to use Johnson Road as access to his property. M. 0. Satterwhite, 3005 Borton, explained that he had received two letters with different assessments, and inquired which was correct. Mr. Roark explained the correct assessment to him. 114r. Ralph King, No. 5 Belgrave Court, appeared regarding property at 3140 9th Street, inquiring if there would be median openings. It was explained that this item is on the agenda for the Traffic Commission at its next meeting, but that it is the policy to oppose median openings at all streets which are not dedicated. The date of the Traffic Commission meeting was given Mr. King in order that he might appear. ltChi 4, c011t_'d. 14r. . Llyen B. Jeffrey, 509 Duncan, protested that he did not want a sidewalk; ti-iat 1,e was satisfied with all except the sidewalk (too close to his property). Johnny i%ellington, 1417 Gladiolus, protested that placing sidewalks on Duncan side street will decrease the value of his property. He stated that he had no intentions of ever having a driveway on Duncan Street. Iiasriell Benton, 2808 Iowa Park Road, protested the paving of Ridgeway. He explained that his assessment is for curb and gutter, and inquired if all property is assessed the same. Mr. Roark explained that it is uniform throughout the pro- grant ; also, that he could not immediately see a mitigating circumstance which would reduce his assessment. Kilda ball, 1308 Smith, asked for an explanation of the assessment costs. It was explained that paving costs are not assessed on Duncan, but they are on Smith Street. The rate for curb and ,gutter, sideway , and drive approaches is the same on botia streets. Ruby P-icuaniel, 307 Duncan, inquiredwhy her assessment is in the amount it is, anu this was exllained to her. Iiie public hearing was closed with adoption of the following ordinance. ORDINANCE NO. 2479 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING STREETS FOR A PORTION OF THE 1969 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS, FIX- IiNG CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST TiiE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUC- ING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GIANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RLCORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY ! ATT'ERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Proved by Alderman Schenk that Ordinance No. 2479 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk ways: None Item Sa Final passage of an ordinance annexing Lake Arrowhead was passed over due to a restrainir:g court order. Item 5b y 4, An ordinance was presented correcting some defects in the wording of Ordinance No. 2475, closing a portion of Second Street. ORDINANCE NO. 2480 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF SECOND STREET LYING , BETWEEN BROOK AVENUE AND U. S. 287 EXPRESSWAY BETWEEN LOTS 1-6 OF BLOCK 2, AND LOTS 11-14 OF BLOCK 1 OF THE BLAKELY ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Kruger that Ordinance No. 2480 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk. Nays: hone 1355 Item 5b, cont'd. A proposed ordinance was presented closing a portion of Clift Street. ORDINANCE NO. 2481 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF CLIFT STREET BETWEEN THE BIG WICHII'A RIVER AND THE EAST R.O.W. LINE OF U.S. 287 EXPRESSWAY. Moved by Alderman Schenk that Ordinance No. 2481 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk. Nays: None Item 5c 4 A proposed ordinance was presented increasing refuse rates on certain pro- perties abutting new alley paving which did not participate in the prior payment of the construction cost. ORDINANCE NO. 2482 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Darner that Ordinance No. 2482 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Davis, .Darner, Kruger, and Schenk. Nays: None ✓ Item bar, A proposed resolution was .presented calling the regular municipal election. RESOLUTION NO. 900 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That an election be held in the .City of Wichita Falls, Texas, on April 1, 1969, for electing the following officials of said City: Alderman . . . Place One Alderman . . Place Two Alderman . . Place Three and that the said election shall be held at the following named places with the following persons as Presiding Judges and Alternate Presiding Judges within the following Precincts, to-wit: (The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in .the City Boxes as shown below.) Co VOTING PLACES $ JUDGES - MUNICIPAL ELECTION, APRIL 10 1969 . . . . unty Precinct City Box Number Voting Place Judge Number 1 Wichita County Court House Mrs. Guy Beard 1 Seventh and Lamar Mrs. J. R. Bell, Alternate 2 Travis School Mrs. Flip Hoskins 2 303 Third Street Mrs. Maggie Satterwhite, Alternate 3 & 40 Bowie School Mrs. J. H. Raines 3 1200 Trout Mrs. C. L. Pierce, Alternate 4 Lamar School Mrs. Bob Wise 4 2206 Lucas Street Mrs. La Nora Taylor, Alternate I County City Precinct Box Number Voting Place Judge Number . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 boniiam School Mrs. Bob Pack 5 3101 Armory Mrs. C. D. Wages, Alternate 6 Lutheran School Mrs. S. H. Rider, Alternate 6 2222 Brook Mrs. E. G. Brown, Judge 7 k 54 Lastside Jr. High School Gym Mr. C. E. Jackson 7 700 Flood Street Mr. C. C. Durkee, Alternate 8 Fain School Mrs. A. D. January 8 1404 Norman Mrs. Al Flack, Jr. , Alternate 9 Lamar Street Pharmacy Mr. Dan Rivkin 9 1500 Lamar Mrs. H. L. McCloud, Alternate 10 Naval Reserve Training Center Mrs. Fred Martin 10 1823 Fifth Street Mrs. M. F. Feltman, Alternate 11 Reagan Jr. High School Mr. R. S. England 11 1104 Broad Mr. Elmer Odom, Alternate 13 27 Jefferson St. Fire Station Mrs. Mozelle Laseman 12 507 Jefferson Mrs. R. J. Condon, Alternate 14 4 45 Crockett School Mrs. Steve Marchand 13 3015 Avenue I Mrs. J. W. England, Alternate 15 Alamo School Mrs. R. E. Benson 14 1912 Eleventh Street Mrs. J. C. Davidson, Alternate 16 F, 57 S.H. Rider High School Mr. Johnny Adams 15 4611 Cypress Mrs. Fred Wilcox, Alternate 17 Southside Assembly of God Mrs. R. B. Dodd 16 Church, 2124 Broad Mrs. Lee Callaway, Alternate 19 44 Giddings St. Fire Station Mr. P. R. Flake 17 Avenue H and Giddings Mrs. P. R. Flake, Alternate 20 $ 22 Zundelowitz Jr. High School Mrs. J. R. Ogle 18 1706 Polk Mrs. I. C. Presson, Alternate 21 4 53 Harrell School Mrs. B. B. Stevens 19 3115 Fifth Street Mrs. George Wyatt, Alternate 23 Buchanan St. Fire Station Mr. George Smoot 20 1800 Buchanan Mrs. Kirk Moore, Alternate 24 Sam Houston School Mrs. George Stracener 21 2500 Grant Mrs. T. M. Moore, Alternate 25 Helenic Parish House Mrs. George Bartosh 22 3804 Seymour Road Mrs. Bill Graham, Alternate 12,30,$ 48 Texas Highway Dept. Hdqrs. Mr. Ray Martin 23 1601 Southwest Parkway Mrs. Ralph Bracken, Alternate 41 Huey School Mr. H. A. Prestage 24 1513 North Sixth Mrs. A. J. Grimes, Alternate 18 4 42 Hirschi High School Mrs. Dale Shook 25 3106 Borton Lane Mrs. John D. Ward, Alternate 43 Ben Franklin School Mrs. R. W. Rogers 26 2112 Speedway Mrs. Bailey Meissner, Alternate 46 Texas Highway Dept. Whse. Mrs. Wiley T. Morgan 27 227 North Beverly Drive Mrs. W. H. Maley, Alternate 1357 Item 6a, cont'd. County City Precinct Box Number Voting Place Judge Number . . . . . . . . . . . . . . . . . . . . 47 Carrigan School A1r. •C. L. •Murph• 28 1609 Blonde Mrs. C. L. Murph, Alternate 50 McGaha School Mrs. Lawson Reed 29 1537 Hampstead Mrs. R. N. Stinson, Alternate 51 Kemp St. Fire Station Mrs. E. E. Wood 30 3400 Kemp Mrs. Hubert Thompson, Alternate 52 Ben Milam School Mrs. Frances Duffy 31 2906 Stearns Mrs. Edmond Majewski, Alternate 55 Cunningham School Mrs. Charles Box 32 4107 Phillips Mrs. Clyde Lane, Alternate 56 Trinity Presbyterian Church Mrs. Sarah Lewis 33 Hughes and Phillips Mrs. Titus Mitchell, Alternate The presiding judge for each precinct shall appoint such clerks, not less than two nor more than four, as he deems necessary for the proper conduct of the election. The Chief of Police shall post a properly executed copy of this resolution, order and notice at the places where the election is to be held, such notice to be posted at least thirty (30) days before the date of said election. Moved by Alderman Wills that Resolution No. 900 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk. Nays: None Item 6b A proposed resolution was presented authorizing proposals to property owners on Archer-Hamilton-Hampstead project. RESOLUTION NO. 901 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 em- ployed 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 projects and properties to be purchases by Warranty Deed are as follows: Archer-Hamilton-Hampstead--Project 52-074 Property Lot 27, Block 21, Hillcrest Addition Lot 28, Block 21, Hillcrest Addition Lot 29, Block 21, Hillcrest Addition Lot 30, Block 21, Hillcrest Addition Lot 33, Block 21, Hillcrest Addition Combined total of appraisals approved in this resolution--$21,125.00. Section No. 2. The appraised value of such properties is hereby approved, and the City Manager is hereby authorized to purchase, by Warranty Deed, such 1358 item 6b, cont'd. tract 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 Wills that Resolution No. 901 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk Nays: None � T �. Item 6c �F. A proposed resolution was presented authorizing proposals to property owners on Kell Freeway. RESOLUTION NO. 902 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by an independent appraiser em- ployed 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 1, Block 63, Southland Addition All of Lot 5, Block 5, First H. W. Spivey Addition Combined total of appraisals approved in this resolution--$18,200.00. Section No. 2. The appraised value of such properties is hereby approved and the City 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. 902 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk. Nays: None 1359 Ite_ m 6d d John P. Ruhmann, Director of Water Development, requested approval of a grazing lease on Lake Arrowhead land. RESOLUTION NO. 903 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain grazing lease from the City of Wichita Falls, Texas, to Fred Stephens and wife, Jane Pendleton Stephens, and Dr. James H. Simmons and wife, Gay Pendleton Simmons, wherein the City leases to Fred Stephens and wife, Jane Pendleton Stephens, and Dr. James H. Simmons and wife, Gay Pendleton Simmons for grazing purposes only certain City land on the East side of Lake Arrow- head, for a primary term of one year, beginning January 1st, 1969, with nine options to renew for one year periods, is hereby approved, and the City Mana- ger is hereby authorized to execute and deliver the same to Fred Stephens and wife, Jane Pendleton Stephens, and Dr. James H. Simmons and wife, Gay Pendleton Simmons. Moved by Alderman Schenk that Resolution No. 903 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk. Nays: None Item 6e �V s Y� Lloyd Rigby, Director of Parks and Recreation, requested approval of an easement to Texas Electric Service Company for an electrical line to serve the golf course maintenance barn. RESOLUTION NO. 904 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain distribution easement and right-of-way dated February 4th, 1969, wherein the City of Wichita Falls grants to Texas Electric Service Company an easement for an electric distribution line at Weeks Park to serve the new Golf Course Maintenance Barn is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Kruger that Resolution No. 904 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Davis, Darner, Kruger, and Schenk Nays: None Item 7 It was recommended that low bids be accepted for traffic signal equipment as follows: Equipment Bidder Amount Signal Controller Automatic Signal $5,198.75 Signal Standards Econolite 4,070.43 Signal Heads Without . Pedestrian Indications Automatic Signal 737.25 Signal Heads With Pedes- trian Indications Econolite 1,418.13 $11,424.56 Moved by Alderman Schenk that bids for traffic signal equipment be accepted as stated, for a total amount of $11,424.56. Motion seconded by Alderman Darner, and carried unanimously. 1360 Item 8a Permission was requested to advertise for bids for a backhoe for Water De- partment. Moved by Alderman Darner that authority be granted to advertise for bids for a backhoe as requested. Motion seconded by Alderman Schenk, and carried unanimously. Item 8b Permission was requested to advertise for bids for a trenching machine for Public Utilities Department. Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Kruger, and carried unanimously. Item 9 Moved by Alderman Wills that minutes of the meeting of the Park Board held January 28, 1969, be received. Motion seconded by Alderman Kruger, and carried unanimously. Item 10a �,V Lloyd Rigby, Director of Parks and Recreation, presented a request from the Evening Lions Club to sponsor a circus in Jaycee Park on April 24, 1969. The Park Board has recommended approval of this, with a charge of $200.00 for the permit, $100.00 of which will be refunded after the Park has been properly cleaned following the circus performance. Moved by Alderman Davis that this request be approved as outlined in Mr. Rigby's memo. Motion seconded by Alderman Schenk, and carried unanimously. Item 10b John R. Roark, Director of Public Works, presented a letter from Sacred Heart Catholic Church, proposing the conveyance of two tracts of property to the City of Wichita Falls in consideration for the release of all back taxes and assessments against the Sacred Heart Cemetery property. It was his recommendation that this proposal be accepted. Moved by Alderman Davis that this proposal be accepted in accordance with Mr. Roark's recommendation. Motion seconded by Alderman Kruger, and carried unanimously. Alderman Schenk stated that he would refrain from voting due to his connection with the Church. ✓ti' Item 10c John J. Roark presented correspondence from Mr. J. B. Cheek regarding assess- ment paving on Revere Street. Letters included opinions of Mr. Allen S. Riddle and Mr. Charles D. Box regarding increased valuation, and letters from Mr. and Mrs. J. E. Gray and Mrs. E. E. Jones in regard to the same paving. Mr. Roark recommended that an appraiser be employed by the City to appraise one block of Revere Street, and also Mr. Kellogg's property on Pasadena. Moved by Alderman Schenk that authority be granted to employ a qualified real estate appraiser on the property mentioned on Revere Street and on Pasadena. Motion seconded by Alderman Kruger, and carried unanimously. 1361 ' Item .10d i Moved by Alderman Schenk that water reimbursement contract payments in the amount of $542.57, and sewer reimbursement contract payments in the amount of $152.71, be approved in a total amount of $695.28, as follows: D. C. Powell, Water, Omega Addition Section Two, Exhibit A, from December 17, 1967 to December 17, 1968; $161.99 C. W. L. Dennis--Elmer L. Dennis Construction Company, Water, North Indian Heights Addition, from January 15, 1968 to January 15, 1969; $380.58 Our Lady (queen of Peace School, Sewer, 4000 York, from January 31, 1968 to January 31, 1969; $13.85 Steve Ford, Jr. , & Motel Development Inc. , Loop 165, Sewer, from December 31, 1967 to December 31, 1968; $69.43 each ($138.86) Motion seconded by Alderman Darner, and carried unanimously. y Item 11 Board and Commission appointments were deferred. Sammy Hayes, 409 Duncan, appeared in reference to trash and debris blowing from trucks on his yard. fie explained that some trucks do not have tail gates to contain the trash. Apparently this street is used by trucks hauling various items of trash to the dump. After some discussion by the Council, it was sug- gested that "No Littering" signs be erected, and a fine imposed for violation in order to abate this nuisance. Moved by Alderman Kruger that Gerald Fox be officially appointed as City Manager. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 4:30 P.M. PASSED AND APPROVED this �°' ��� day of _��:�s���� 1969. ATTEST: Mayor City Clerk I ..,