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Min 02/18/1969 1363 a Wichita Falls, Texas Memorial Auditorium Building February 18, 1969 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 Build- ing at 2:30 o'clock Y.M. , with the following members present: Cletus C. Schenk Mayor pro tem Harrison E. Taylor X James M. Davis X Aldermen Dick Darner X Max Kruger X Gerald Fox City Manager 11. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Kenneth Bill Absent Don Wills Absent The invocation was given by Alderman Davis. Mayor pro tem Schenk explained that Mayor Bill is attending a meeting called by the Governor, and is absent from a Council meeting for the first time since he came on the Council almost five years ago. Item 3 Moved by Alderman Kruger that minutes of the meetings held on February 4, 1969, be approved. Motion seconded by Alderman Darner, and carried unanimously. Item 4 Y A report from the auditing firm of Jarratt, Cocke, and Tillery was received. Item 5 A proposed ordinance was presented appropriating $2,235.00 to purchase a vehicle for the Airport. ✓ '�ORDINANCE NO. 2483 R ! / `C AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 21-219-5410, AND DECLARING AN EMERGENCY. Moved by Alderman Darner that Ordinance No. 2483 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Item 6a Bids were received on Phase I of Archer-Hamilton-Hampstead project. The low y. , bid was submitted by R. O. Green Construction Company in the amount of $650,548.00 (base bid) and an alternate bid of $637,985.00; however, this bid exceeded the appropriation for this project, and modifications are necessary to stay within the funds. Modifications consist of revisions in the vicinity of McGaha School and elimination of the concrete channel lining at the three bridge structures, and i along the channel between Hampstead and Brenda Hursh Drive. It is proposed that bids be received at some future date on this concrete channel lining, and con- struction performed under a separate contract. 1364 Item 6a, cont'd. Moved by Alderman Taylor that the bid be awarded to R. 0. Green Construction Company in the amount of $492,798.00. Motion seconded by Alderman Darner, and carried unanimously. ORDINANCE NO. 2484 F AN ORDINANCE APPROVING AND ADOPTING ESTIMATES 01; THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS THE ARCIIER-HMIILT'ON-IIAMPSTEAD (MIDWESTERN PARKWAY), PRASE I OF THE 1967 BOND PROGRMI IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS 01' ABUTTING PRO- PLRTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE.- NOTICE OF SUCH HEARING; AND 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 AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Davis that Ordinance No. 2484 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Item 6b A proposed ordinance was presented amending Ordinance 2118 (Subdivision Reg- ulations) regarding a graphic scale on final plats. f Y f K j ORDINANCE NO. 2485 f AN ORDINANCE AMENDING ITEM 90 PARAGRAPH C, SECTION 6, OF ORDINANCE NO. 2118 ENTITLED THE SUBDIVISION REGULATIONS OF THE CITY OF WICHITA FALLS, PROVIDING FOR THE FORM AND CONTENT OF PRELIMINARY PLATS, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2485 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None f Item 7a - - - - - - - - (" John P. Ruhmann, Director of Water Development, requested approval of a reso- lution authorizing proposals to property owners on F.M. 1954. f RESOLUTION NO. 905 WHEREAS, it is necessary to acquire the property hereinafter described for construction of F.M. 1954 from U.S. 281 East to Lake Arrowhead in accordance with Texas State Highway Department Minute Order No. 60362 which was accepted by Reso- lution 775, and, WHEREAS, such property has been in most cases appraised by an independent appraiser employed by the City for this purpose, and the amount of the appraisal and the agreed offer for each tract has been studied by the Board of Aldermen and is now in the possession of the Director of Water Development 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 properties to be purchased by Warranty Deed are as follows: 1365 Item 7a, cont'd. Owner Parcel No. Acreage (1) Peter Berger 1 3.49 (2) Willie R. Thorman 2 2.51 (3) Richard Vogtsberger 3 2.76 (4) Robert Vogtsberger 4 3.56 (5) Charles Vogtsberger 5 8.05 (6) W. M. McGregor, Jr. 6 7.85 (7) C. J. Bohner, et al 8 20.78 Combined total of appraisals approved in this resolution--$20,711.00. _Section No. 2. The appraised value or value set by approximate descrip- tion of pipe line property land values are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed, such tracts of land as shown on Texas Highway Department plans and right-of-way map. The authorized offer to be made or price to be paid for each tract is the appraised value or value set by approximate duplication of prices approved for land used for Lake Arrow- head pipe line construction. 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. Section No. 4. Other properties to be transferred as easements to the Texas Highway Department for occupation of F.M. 1954 or transferred to existing property owners for other required property due to minor relocations of F.M. 1954: Owner Parcel No. Acreage (a) Robert H. Hortenstine 7 17.01 (Hortenstine to State) (b) City of Wichita Falls C-3 4.72 (City to State) (c) City of Wichita Falls Part 1 1.38 (City of Wichita Falls Part 2 15.25 to Hortenstine) (d) City of Wichita Falls C-1 27.57 (City to State) (e) City of Wichita Falls C-2 3.54 (City to State) Section No. 5. 'Transfers of the easements to the State Highway Department as listed in Section 4, and return of 16.63 acres to Robert H. Hortenstine which has been donated and will be replaced by Mr. Hortenstine as Parcel 7 to the State without cost to the City is approved, and the City Manager is hereby authorized to execute the necessary easements and deeds. Moved by Alderman Kruger that Resolution No. 905 be passed. Motion seconded by Alderman .Darner, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Item 7b John P. Ruhmann, Director of Water Development, requested approval of a resolution authorizing acceptance and payment of proposals for adjusting utility conflicts on F.M. 1954 highway construction. v RESOLUTION NO. 906 v WHEREAS, it is necessary to acquire the property hereinafter described for construction of F.M. 1954 from U.S. 281 East to Lake Arrowhead in accordance with Texas State Highway Department Minute Order No. 60362 which was accepted by Resolution 775, and, WHEREAS, it is necessary to fence and clear the property and make all nec- essary adjustments of utility conflict, and, 1366 Item 7b, cont'd. WHEREAS, a number of proposals from the owners of utilities in conflict have been received and the cost of each of these proposals have been studied by the Board of Aldermen and is in the possession of the Director of Eater Development and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICH- ITA FALLS, TEXAS, THAT: Section No. 1. The utility conflicts to be adjusted together with cost are as follows: (1) Southwestern Bell Telephone Co. Buried Cable and Overhead Line $2,720.00 (2) Texas Electric Service Co. (Overhead Line) (3) L. 1'. Burns Estate (Adjust Four Pipe Lines) 200.00 (4) A. R. Dillard, Inc. (Pipe Line Adjustment) 250.00 (5) Community 'Telephone Co. (Adjust Overhead Line--Est.) 400.00 (6) JAC Electric Coop. (Adjust Overhead Line--Est.) 1,700.00 (7) Mobil Pipe Line Co. (Adjust Two Pipe Lines and Relocate Cathodic Protection Unit) 3,856.00 Combined total of utility adjustment cost approved in this resolution-�9,126.00. Section No. 2. The proposals of cost of such utility adjustments are hereby approved and accepted and the City Manager is hereby authorized to pay the approved price tabulated above for the utility adjustments. Moved by Alderman Darner that Resolution No. 906 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Item 7c C� John J. Roark, Director of Public Works, requested approval of a resolution authorizing proposals to property owners on Kell Freeway. RESOLUTION NO. 907 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 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 pos- session 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 WICH- ITA 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 Lot 11, Block 48, Southland Addition Lot 9, Block 48, Southland Addition N. 80' of Lot 12 and N. 80' of E. 21' of Lot 13, Block B, Wyatt's Southside Addition Lot 12, Block 1, First fi. W. Spivey Addition Lot 14, Block 66, Southland Addition Lot 9 ,4 South 17' of Lot 8, Block 63, Southland Addition 1367 t Item 7c, cont'd. Lot 7 4 N. 33' of Lot 8, Block 63, Southland Addition A part of Block 1, Ld Wilson Addition as recorded in V. 470, P.171 £, V. 585, P. 195 Deed Records of Wichita County Lot 9, Block 4, First H. W. Spivey Addition North 50' of Lots 7 & 8, Block 4, First li. W. Spivey Addition Part of Lots 7 4 8, Block 4, First 11. W. Spivey Addition as recorded in V. 368, P. 333 Deed Records of Wichita County Lot 14, Block 1, First H. W. Spivey Addition W. 40' of Lot 6 & E. 10' of Lot 7, Block 66, Southland Addition Lot 14, Block 49, Southland Addition W. 10' of Lot 2 & all of Lot 3, Block 64, Southland Addition Lot 8, Block 48, Southland Addition Lot 1, Block 47, Southland Addition Lot 9, Block 1, H. W. Spivey Addition Lot 7, Block 62, Southland Addition South 125' of Lots 11, 12, 13, Taylor Subdivision Combined total of appraisals approved in this resolution--$190,200.00. Section No. 2. The appraised value of such properties are 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 Taylor that Resolution No. 907 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger. Nays: None Item 7d John J. Roark, Director of Public Works, requested approval of a resolution authorizing proposals to property owners on Kemp and Archer-liamilton-liampstead projects. RLSOLUTION NO. 908 t WHEREAS, 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 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, THLREFORL, BL IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF Ia CH- ITA FALLS, TEXAS, TIAT: 1368 Item 7d, cont'd. Section No. 1. The projects and properties to be purchased by Warranty Deed are as follows: Arclier-Hamilton-Hampstead--(Midwestern Parkway) Project 52 074 Pr--°-pertY Lot 22, Block 20, Hillcrest Addition Lot 23, Block 20, Hillcrest Addition Lot 34, Block 21, Ilillcrest Addition Kemp Boulevard--Project 52-073 Property A part of that portion of Block J, Kemp Fair Park Addition as recorded in Volume 977, Page 369 of the Deed Records of Wichita County. Combined total of appraisals approved in this resolution--$16,250.00. Section No. 2. The appraised value of such properties are hereby approved, and the City Manager is hereby authorized to purchase, by warranty deed, such 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 or 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. 908 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger. Nays: None Item 7e John J. Roark, Director of Public Works, requested approval of a resolution ,` r�✓ authorizing sale of property to Texas Highway Department on Kell Freeway. { y RESOLUTION NO. 909 WHEREAS, 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, WHEREAS, by contract signed January 31st, 1968, the City and the Texas High- way Department agreed that they would share equally in the cost of the right-of- way for this project; and, WHEREAS, the seven parcels hereinafter described were acquired and paid for by the City of Wichita Falls during the hardship phase of right-of-way acquisition, and the Texas Highway Department has approved the full appraised value as deter- mined by appraisers employed by the City,and the parcels were purchased by the City for such appraised values; and, WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (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, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICII- ITA FALLS, TEXAS, THAT: The Mayor, acting for and in behalf of the City of Wichita Falls, is hereby authorized 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 196, 215, 353, 513, 525, 531, and 539, all of which are specifically de- scribed 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 1369 Item 7e, cont'd. shall be the sum of fifty percent (50%) reimbursement of the value of Fifty- Eight Thousand Seven Hundred Forty-Three ($58,743.00) 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 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 Darner that Resolution No. 909 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger. Nays: None d Y ` Item 8a Permission was requested to advertise for bids on traffic signal equipment at Kemp and Hampstead; Kemp, Avenue U $ Piedmont; and Edison, Harding & Rosewood. Moved by Alderman 'Taylor that authority be granted to advertise for traffic signal equipment as requested. Motion seconded by Alderman Davis, and carried unanimously. l J Item 8b Joe Smith, Director of Public Utilities, requested permission to advertise for bids for water main extensions and improvements, Project 69-1. These bonds were voted in 1968. R Moved by Alderman Kruger that authority be granted to advertise for bids for water main extensions. Motion seconded by Alderman Darner, and carried unanimously. v °Item 8c Permission was requested by Ben Shelton, Director of General Services, to advertise for bids for a utility tractor for the Park Department. Moved by Alderman Davis that authority be granted to advertise for bids i as requested. Motion seconded by Alderman Taylor, and carried unanimously. Item 9 Moved by Alderman Davis that minutes of the meetings of the following boards and commissions be received: a. Plumbing Advisory Board--February 5, 1969 "l b. "Traffic Commission--February 11, 1969 ✓ c. Planning Board--February 12, 1969 Motion seconded by Alderman Darner, and carried unanimously. v ,/Item l0a A request by letter was presented from Ellis Barham, Community Center for Mental Health and Mental Retardation Service, for the City's continued assistance in their program through February 1969, and use of the building through March /�. 1969. Equal assistance is being requested of the school district and county. Since the City furnishes their quarters, cash contribution would amount to $648.00. v Mr. Barham was not present, but Mrs. Knight represented the Community Center. It was recommended by Bob Hughey, Assistant City Manager, that this request be granted, and an appropriation ordinance approved. 1370 Item 10a, cont'd. "�` �?'` ✓ J ORDINANCE NO. 2486 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 91-45-31, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2486 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Item 10b Moved by Alderman Davis that water reimbursement contract payments in the amount of 45,863.04, and sewer reimbursement contract payments in the amount of �1,284.15, be approved for a total amount of 47,147.19, as follows. Skyline Developers, Water, Fountain Park Section 1-D, from January 1, 1968 to January 1, 1969; 4987.12 Meadowlake Company, Water, Meadow Lake Addition, Section B, from January 30, 1968 to January 30, 1969; 41069.23 T. C. Foley, Water, Brentwood Estates, Exhibit A, from January 9, 1968 to January 9, 1969; $924.96 Skyline Development, Inc. , Water, Fountain Park Section 1-A, from January 1968 to January 1969; $1572.74 Eden Hills Development Company, Water, East Eden Hills, Sections A and A-1, Exhibit A. from January 13, 1968 to January 13, 1969; $1308.99 Eden Ifills Development Company, Sewer, East Eden Ifills, Sections A and A-1, Exhibit A, from January 13, 1968 to January 13, 1969; 4356.17 T. C. Foley, Sewer, Brentwood Estates, Exhibit A, from January 9, 1968 to January 9, 1969; $156.14 Skyline Developers, Sewer, Fountain Park, Section I-D, from January 3, 1968 to January 3, 1969; $233.37 B. D. Norris, Sewer, Blocks 11-12-13 of Edgemere South Addition, from January 4, 1968 to January 4, 1969; $92.23 Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from January 30, 1968 to January 30, 1969; $446.24 Motion seconded by Alderman. Taylor, and carried unanimously. Item 11 Appointments to the following boards and commissions were recommended. r� a. Park Board--Mrs. Charles Hurd and Tom Arnhold reappointed. pars. Kit Grey appointed to replace Mrs. M. D. Cherry. All terms to expire January 1, 1972. b. Traffic Commission--Robert Mengel, M. H. Dice, Mack Lester, and Leon Flake reappointed. Terms to expire December 31, 1971. c. Planning Board--Mrs. Kay Yeager appointed to replace David White. Term to expire May 23, 1970. Mayor pro tem Schenk expressed appreciation to those who have served on these boards. Moved by Alderman Kruger that appointments be approved as recommended. Motion seconded by Alderman Darner, and carried unanimously. 1371 I � ro . Item 12 It was requested by John P. Ruhmann, Director of Water Development, that t f authority be granted to purchase a water starter for the Jasper Street Water , f Plant from Allis Chalmers in the amount of $9,678.00. Moved by Alderman Darner that authority be granted to purchase the water starter as requested. Motion seconded by Alderman Taylor, and carried unanimously. v Item 13 A proposed resolution was presented repealing Resolution No. 898, and df approving a contract of sale to George Ritchie for Lot 1 of the Replat of Lots 1 through 6 of Block 257, Original Town (old Catholic School property) . City Attorney H. P. Hodge, Jr., explained that three changes had been agreed upon. (1) The Council authorized an extended care unit or some other facility complementary to the medical care area, and they agreed that a hotel or motel would be considered complementary. (2) In the event there is a dispute as to what constitutes complemen- tary use that it be settled by arbitration. (3) Putting a time limit on the time within which the hospital board would have the right of refusal to the land. Five years after the property is sold was agreed upon. RESOLUTION NO. 910 V WHEREAS, the Board of Aldermen heretofore adopted Resolution No. 898, pro- viding for the sale to Dr. George D. Ritchie of Lot 1 of the Replat of Lots 1 through 6 of Block 257 of the Original Town of Wichita Falls; and, WHEREAS, certain changes have been agreed to concerning the sale of the land, which have been incorporated into a new contract of sale. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 898 is hereby repealed; that certain contract of sale dated February 18, 1969 is hereby approved, and the Mayor is authorized to execute the same for the City. Upon the closing of the transaction, the Mayor is auth- orized to execute a deed conveying said property to the purchasers set out in such contract. Moved by Alderman Darner that Resolution No. 910 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Kruger Nays: None Moved by Alderman Darner that the meeting be adjourned. Motion seconded by Alderman Kruger, and carried unanimously. The Board of Aldermen adjourned at 3:08 P.M. PASSED AND APPROVED this day of Le 1969. ATTEST: Mayor City Clerk