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Min 01/08/1962 Item No. 371 & 2 Wichita Falls, Texas Memorial Auditorium Bldg. January 8, 1962 The Board of Aldermen of the City of Wichita Falls, Texas., met in regular session, on the above date, in theCouncil Room of the Memorial Auditorium Bldg., at 7:00 o'clock P.M., with the following members present: Kenneth Johnson Mayor J. Winston Wallander Dr. D. Clifford Burross 0. D. McBride Aldermen Dr. Al T. Witcher C. J. Griggs City Manager H. P. Hodge Jr. City Attorney Mildred F. Catter Acting City Clerk The Invocation was given by Rev. Lawrence A. Pierson, Church of the Good Shepherd. - - - 3 The Oath of Office was administered by Mayor Johnson to Mr. Roy Y. (Pete} Claytor, after which he was seated on the Council to serve the unexpired term created by the resig- nation of Mr. Joe Bailey leissner, Jr., Place 5. 4 Moved by Alderman Burross that the Minutes of the postponed regular meeting held December 18, 19612 be approved. Motion seconded by Alderman Witcher and carried. Before considering the proposed Modified Contract with Fulcher Armstrong for the operation of Wichita Falls Air Terminal at Sheppard Air Force Base, Mayor Johnson called on Mr. Ben Lowell, Chairman of a committee appointed at a previous meeting to investigate certain grievances filed against the present operation of the Airport. ' Mr. Lowell explained that two members of the Committee appointed, Messrs Harold Jones and Harry Lane, declined to serve on account of conflicting interests. Mr. Bill Wassgreen had been out of the City most of the time and not able toy give the matter much attention. In the opinion of Mr. Lowell, the service at the Airport was very good, and satisfactory to the majority of the public using the facilities. Mayor Johnson thanked Mr. Lowell for his services in connection with this investigation. 5-a Mr. Frank Gibson, Attorney for Fulcher Armstrong, appeared on behalf 'of the proposed Amendment to Agreement between City of Wichita Falls and Fulcher Armstrong dba Wichita Falls Air Transport Company. Questions were asked by various members of the Council regarding the terms of the proposed Amendment, particularly with regard to depre- ciation rates and obselescence in event of cancellation of said Contract, all of which were explained by Mr. Gibson. Mr. Gibson also reviewed the financial reasons for the proposed Amendment. City Manager C. J. Griggs stated that he and the Council Committee, Mayor Johnson, Aldermen KcBride and Witcher, had studied the Amendment with City Attorney H. P. Hodge, Jr. , ` and recommended certain changes which Mr. Hodge and Mr. Gibson had attempted to incorporate. Moved by Alderman Burross that the Amendment as submitted be approved with the exception that during the period from August 12, 1969 to August 12, 1979, the City would have the right to purchase buildings, etc. on basis of cost less depreciation computed at 3% per year on a straight line basis; regardless of Mr. Armstrong becoming incapacitated as stated in the Amendment as submitted. Motion seconded by Alderman Witcher and carried unanimously. 372 Item A summary of bids on 5000 ft. of 14 gauge, 20 conductor Color Coated Cable 6 for the Traffic Engineering Department was considered. Moved by AldermanWitcher that the Board of Aldermen accept the bid of Electric Motor Company of $1750.00, same being the low bid, and award contract to this Company. Motion seconded by Alderman McBride and carried. Moved by Alderman Wallander that the Minutes of the Park Board Meetin,_;, held 7 December 13, 1961, be received. Motion seconded by Alderman Witcher and carried. - - - - - - - - - - 7-a In connection with Item 6 of Park Board Minutes, Mayor Johnson re-appointed the following members to the Park Board: Mrs Al T. Witcher Melvin Evans Maceo D. Mitchell; terms to expire January 1, 1965. Moved by Alderman Burross that the above appointments be approved. Motion seconded by Alderman Wallander and carried. - - - - - - - - - - 7-b Alderman Burross requested further information regarding Item 3 in the Park Board Minutes, and the proposed improvements in Weeks Park by Lots, Inc., in lieu of reserving park area in Colonial Park Subd.. Mr. Spencer Ellis, Park Director, explained that bids would be taken for the Picnic Shelter and other proposed improvements. % - - - - - - - - - - 7-c Mayor Johnson requested Alderman Claytor to serve as Council representative on the Park Board, in place of Alderman Ledford, whose illness is preventing her from serving. Alderman Claytor stated he would be glad to serve in that capacity. - - - - - - - - - - $ Moved by Alderman Witcher that Minutes of the Planning Board meeting held January 2, 1962, be received. Motion seconded by Alderman Wallander and carried. - - - - - - - - - - 8-a Alderman Burross stated that he had been contacted by the Contractor working in the 4100 Block Call Field Road regarding action taken by the Council in a previous meeting, denying sidewalk ordinance exceptions. It was agreed that until such time as definite action regarding the sidewalk ordinance is taken, no building permits will be held up on this account. - - - - - - - - - - 9 Moved by Alderman Witc)ier that final Plat of Glenwood Park Addition, a re-plat of the Peterson-Stacks Addition, an addition to the City of Wichita Falls, be approved, copy of said Plat on file in Office of City Clerk. Motion seconded by Alderman Claytor and carried. - - - - - - - - - - 10 Moved by Alderman Wallander that Minutes of the Traffic Commission meeting held December 12, 1961, be accepted; also that Traffic Engineer Robert E. Joliff be commended for the efficient manner the one-way streets had been installed since January 1, 1962. Motion seconded by Alderman Witcher and carried unanimously. Traffic Engineer Robt E. Joliff gave a report on the progress of signalization 10-a on F.M. 369. 373 It em l ORDINANCE NO. 1975 AN ORDINANCE CHANGING THE NAME OF PORTIONS OF A ROAD KNOWN AS BUFFALO ROAD AND ALLISON ROAD ALONG THE WEST LINE OF BLOCKS 20, 17, 8 AND 5, OF DENTON COUNTY SCHOOL LANDS, LEAGUE ONE (1), WICHITA COUNTY, TEXAS, TO BARNETT ROAD, AND Ri!PEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH. Moved by Alderman Witcher that Ordinance No. 1975 be approved and passed as read. Motion seconded by Alderman McBride and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Witcher and Claytor. Nays: None. 12 ORDINANCE NO. 1976 AN ORDINANCE CHANGING THE NAME OF THE STREET FORMERLY K-40VJN AS COUNTY FARM ROAD, SCOTT STREET, VIRGINIA STREET AND CALIFORNIA STREET WHICH EXTENDS FROM HATTON ROAD NORTH ALONG THE EAST LINE OF SOUTHERN HILLS, DITTOS HEIGHTS, HILLCREST AND HOLLIDAY GARDENS ADDITIJNS TO U.S. HIGHWAY NO. 281 AND STATE HIGHWAY NO. 79, TO ARMORY ROAD, AND REPEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH. Moved by Alderman Wallander that Ordinance No. 1976 be approved and passed as read. Motion seconded by Alderman Witcher and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Witcher and Claytor. Nays: None. 13 RESOLUTION NO. 480 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE ai-NERS OF ABUTTING PROPERTY AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE. WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered that each gf the hereinafter described portions of gtreets, and Avenues in the City of Wichita Falls, Texas, be improved by raising, grading and filling same, and by further instructing theretin the improvements hereinafter specified, to-wit: 4 ' Each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon six inch (611) concrete curbs and gutters; each of the herein- after described portions of streets and avenues shall be further'improved by constructing dhereon six inch (611) Reinforced Concrete Valley Gutters; and each of the hereinafter escribed portions of streets and avenues shall be further improved by constructing thereon six inch (611) Flexible Base Course with a one and one-half inch (lz") Hot Mix Asphaltic Surface. All of said portions of streets, avenues and public places shall be so improved, together with storm sewers and drains and other necessary incidentals and appurtenances as and where shown on the Plans and in struct accordance with the Plans and Specifications therefor now on file with the City; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been examined and found to be in all things right and proper; therefore, BE IT RESOLVED BY THE BOARD OF ALDEd4EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I L. Such estimates be, and they are hereby, adoptBd and approved. 2. It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof on each such portion is as follows, to-wit: ON TYLER STREET: From the South property line of Avenue B to the North curb line of Avenue C, known and designated as Unit No. 21; the estimated cost of the improvements is $2,883,97; the estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for curb and gutter is $1.20; the 384 Item 13-con't estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for improvements exclusive of curb and gutter is $4,295; total estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property is $5.495; the estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property for curb and gutter is $1.20; the estimated amount per front foot to be assessed against property which abutts on said Street but which fronts on some other street and the owners of such property for improvements exclusive of curb and gutter is $3,379; total estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property is $4.579. 3. A hearing be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texas to all owning or claiming any property abutting on said portions of streets, avenue and public place, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 22nd day of January, 1962, at 7:00 o'clock P.M.,in theCity Council Room of the Memorial Auditorium located at 1300 Seventh Street in the City of Wichita Falls, Texas, and the City Clerk is hereby directed to give notice of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an act passed at the first called session of the Fortieth Legislature of the State of Texas, and knwm as chapter 106 of the Acts of said Session, now being shown as Article 1105b of Vernon's Texas Civil Statutes. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least ten days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said act. The City Clerk is further directed to give personal notice of the time and place of such hearing to all owning or claiming any property abutting said portions of streets, avenue and public place, as well as to all owning or claiming any interest in any such property. Such personal notice shall be given by the City Clerk mailing said notice, postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties to the last known address of said owners or persons. It shall not be necessary for the City Clerk to mail said notice to any owners or other person claiming an interest in the property to be assessed when the address of such owner or other person is unknown to the City Clerk and cannot be determined by the City Clerk after reasonable investigation. In this connection, the City Clerk shall prepare and file with these proceedings a list of the properties to be assessed, the names of the record owners of respective properties and the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known address of the respective owners and those persons owning or claiming any interest in said property. The City Clerk shall certify that each of the persons named in said list whose address was known to him, was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Clerk shall be conclusive evidence of the facts therein recited. Failure of the City Clerk to give the notice of hearing by mail as herein provided for, or failure of the owners or other person interested to receive said notice, shall in nowise invalidate hearing or any assessments levied pursuant to said hearing, but notice of � be sufficient, valid and binding upon all owning or claimi.nP G„ any interest therein when such notice shall have h--- first herein above provided. 48o PProVed and aaopted as be a ss that Resolution No. ar Council Azeeting. T'ioved by Alderman Burro 1961, at the regal the following vote: on January 22 and carried by C�ytor. and hearing be held an Witcher Witcher and read, Motion seconded by Alderrn Burross� McBride, Yeas: Aldermen dial der, _ Nays None. _ _ _ _ - - - - _ _Baal"C noard meeting, 14 ri. P., Hodge Jr. gave a report on some of the welfare problems in connection with state aid for old-age pensioners and indigent patients seeking medical " aid at Wichita General Hospital, which were considered at a meeting of the Commissioners Court and representatives of the Welfare Board and the City. - - - - - - 15 Moved by Alderman Witcher that payments on Reimbursement Contracts be approved and ordered paid, as follows: To Reimold Motel Development Corp. $54.48, due 12-31-61 on sewer line Loop 165. ✓ H. S. Ford 54.48, " It on sewer line Loop 165 Motion seconded by Alderman McBride and carried. Jack Ballard appeared before the Council on behalf of Mrs Mary Brown, director 16 of a private Youtih Center at 5121 Texas Ave., requesting that the City assist them in graveling a vacant lot nearby to pr4Pvide space for cars to turn around and to park, since ✓ Texas Ave. is a narrow street and comes to a dead end. Mayor Johnson stated he would appoint a committee to investigate the situation and confer with the City Manager and Park Director. Item Mr. Frank Gibson again presented request from H. E. Weakley for a fishing barge 385 17 concession at Lake Wichita, Mr. Jim Miley, owner of a Boat & Motor Co. at Lake Wichita, requested that he also be permitted to operate a fishing barge at Lake Wichita. Mr. J. P. Ruhmann, Utilities Director, stated in his opinion there was no place at Lake Wichita where a fishing barge could be operated under State laws. After considerable discussion, Alderman Burross suggested that City Manager C. J. Griggs confer with interested Department heads, and make recommendation to the Council; also that if the Council decided to operate a fishing barge at Lake Wichita, bids be submitted. 18 - - - - - - - - - - Request was presented by Sammie Kouri on behalf of the University Kiwanis Club for permission to place signs across certain streets advertising the University Kiwanis Club Pancake Festival. r Moved by Alderman McBride that permission be granted to University Kiwanis Club to place signs across a limited number of streets, providing same is in accordance with regulations ,of the Traffic Engineer. Motion seconded by Alderman Witcher and carried. 19 - - - - - - - - - - Alderman Wallander called attention to work being done by James Williams, 828 !Zwood Street, in connection with paving projects, and other worth-while projects for the negro sections of the City. 19-a Moved by Alderman Wallander that the City Attorney be instructed to draw a ' Resolution to be presented at the next Council meeting, in recognition of the splendid work of Mr. Rhea Howard and his newspapers, in connection with many construct vo_AstIvities for SAFB and surrounding areas, and particularly with regard to the Sam Rayburn Memorial Fund Drive sponsored by him. Motion seconded by Alderman Burross and carried. 20 - - - - - - - - - - Alderman Witcher commended the Grand Jury on the fine work they are doing and for the thorough investigation being conducted on the problems that exist between Wichita Falls teenagers and airmen; also commended Mr. Rhea Howard and the newspapers for their fine work in bringing this to the attention of the people. He suggested that they go a step further and print names of the teenagers involved. 1 A discussion was held regarding an invitation from Mr. Fred Parkey for Council members to accompany him on a trip to Lake Kemp for a survey of the spillway. No definite date was agreed on, same to be named later. 22 Mr. James Williams appeared before the Council requesting that some action be taken for the na.ving of Elwood Street. The matter was referred to Mr. H. P. Hodge, Jr., City Attorney, who stated he would try to work out the problems which had been delaying this project. 23 Alderman Wallander suggested that the Mayor appoint a Citizens Committee to work with members of theCouncil to study various capital improvements needed by the City of Wichita Falls. J Mayor Johnson stated that he was interested in hearing from various Citizen groups regarding capital improvements, critical or otherwise, and issued an open invitation to any who are interested to meet with the Council on January 22, 1962, and try to work out some definite recommendations. 386 It em 24 Mr. R. L. Jobe, 1311 Christine, again appeared before the Council and pr$sented a claim for damage to curb and shrubs by reason of garbage pickup on property which Mr. Jobe alleges belongs to him. Moved by Alderman Burross that the recommendation of City Attorney H. P. Hodge Jr. be accepted and the claim denied. Motion seconded by Alderman McBride and carried unanimously. Moved by Alderman Burross that the Agreement No. W 68071 between the Inter- 25 national Business Machines Corporation and the City of Wichita Falls for use of I.B.M. machines be approved. " Motion seconded by Alderman Wallander and carried. - - - - - - - - - - 26 Mayor Johnson appointed the following committee to investigate a Tax Protest submitted by Anderson & Latham, representing Lillian Leslie, Lots 5-6-7 Block 147, Original: Alderman Wallander, Chairman, Aldermen Witcher, McBride and Burross. Moved by Alderman Wallander that the meeting be adjourned. Motion seconded by AldermanClaytor and carried. The Board of Aldermen adjourned at 9-25 P.M. APPROVED this the day of 4� _, 1962. i f r" ATTEST: City Clerk