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Min 12/10/1962 478 It = No. Wichita Falls, Texas Memorial Auditorium Building December 10, 1962 & 2 The Board of Aldermen of the City of WichitaFalls,Texas, met in regular session on the above date, in the Council Room of the Memorial Auditorium Building, at 7:00 o'clock P.M., with the following members present: John J. Gavin Mayor J. Winston Wallander Dr. D. Clifford Burross 0. D. McBride Aldermen Dr. Al T. Witcher Roy V. (Pete) Claytor Don Wade C. J. Griggs City Manager H. P. Hodge Jr. City Attorney Mildred F. Catter Acting City Clerk The Meeting was called to order by Mayor John J. Gavin. The Invocation was given by Alderman Wallander. 3 Moved by Alderman Wade that the Minutes of the regular meeting of the Board of Aldermen held November 26, 1962, be approved. Motion seconded by Alderman Claytor and carried unanimously. 4 Mr. H. P. Hodge Jr., City Attorney, gave a report regarding city-owned property known as Williams Park, and the surrounding property purchased for use of the Sanitation Department, part of which has been leased to Mr. M. W. Oliver. He traced the various owner- ships of the property and stated that due to changes in Holliday Creek bed, the boundary lines had become confused. The controversy which has developed between the lessee and the residents of the area using Williams Park for recreation, was due largely to the question of correct boundary lines. Mr. Hodge also stated that Mr. Oliver does not have a written agreement, and that the City would be within their right to ask him to vacate the property at any time. Mayor Gavin expressed regret that the Lessee would be inconvenienced if asked to give up use of the land, but that a bad situation had developed, and would have to be dealt with. Moved by AldermanWade that further use of the land be denied Mr. M. W. Oliver. Motion seconded by Alderman Witcher and carried unanimously. 5 Mayor Gavin read the tabulation of bids for installation of sanitary sewer , ,4ffacilities in Westmoreland Park, Barker Street and Sharon Lane, as prepared by Mr. R. T. Gregory, Director of Public Works. Moved by Alderman Claytor that the Board of Aldermen accept the recommendation of 1,ir. R. T. Gregory, Director of Public Works; and award the contract to Stuckey Construc- tion Company on their low bid of $41,192.75,.4nd the Mayor be authorized to execute said Contract for the City. Motion seconded by Alderman McBride and carried unanimously. 6 Invoice from R. Ernest Lee, Engineer, was presented in amount of $1685.00, for engineering services in connection with plans and specifications for installation of sanitary "Isewer facilities in Westmoreland Park, Barker Street and Sharon Lane, being one-half of estimated cost; balance of cost of Mr. Lee's services to be adjusted on basis of actual .'cost of the project. Moved by Alderman Burross that above bill be approved and ordered paid. notion seconded by Alderman Witcher and carried unanimously. 479 Item No. Mayor Gavin read a letter from Thaten Bros. Construction Company containing a 7 proposed Agreement with the City of Wichita Falls concerning the installation of a sanitary sewer line and pump station to serve the property of Thaten Bros. on the east side of the Burkburnett Road near the Main Gate of Sheppard Air Force Base; the line to consist of a 10 inch gravity line from the west side of the Burkburnett Road down Pearlie Drive west to Lincoln Heights line; a force main to be laid across the highway from a pump station erected on Thaten Bros property. In the proposed Agreement the City would reimburse Thaten Bros. in the amount of $4000.00 to be paid out of bond funds to be realized from sale of sanitary sewer bonds after January 1, 1963, but not later than June 30, 1963. i�i=• Also, that Thaten Brothers would pay the following charges with reference to sewer connections: $50.00 per motel unit; 100.00 per filling station, and 375.00 per restaurant. Moved by. Alderman Witcher that the City of Wichita Falls approve and accept the �. ,. proposed Agreement with Thaten Brothers Construction Company, as outlined in letter r. referred to above, and Mayor Gavin be authorized to sign said Agreement for and on behalf of the City of Wichita Falls,Texa.s. Motion seconded by Alderman Claytor and carried unanimously. 8 Mayor Gavin read a letter frcm Thaten Bros. ConstructionCo. containing terms of a proposed Agreement between Thaten Bros. ConstructionCo. and the City of Wichita Falls, concerning construction of an 8 inch water main from the vicinity of Maurine Street and the Red River Expressway, north to an area adjacent to the Main Gate of Sheppard Air ForceBase. This water main to be constructed from Maurine Street east to the west side of the Old Burkburnett Road and then in a northerly direction up the west side of the Old Burkburnett Road to a point near the Cardinal Inn, and thence in an easterly direction R across the Old Burkburnett Road and thence up the east side of the Old Burkburnett Road to the Thaten property. Agreement provides that the City would construct the line at their expense, provided that the City shall collect the regular tap fee for all connections to said water mains; collect the customary fee per front foot of the lot or tract of land to which water connections may be made. Alderman Burross suggested that provision be inserted in the Agreement whereby the pro-rats share of cost of said line would be borne by Thaten Bros. , Mid America Corp. and Standard Oil Co. for the properties owned by them at the time this Contract is made. Moved by Alderman Burross that the Board of Aldermen approve and accept the e proposed Agreement with Thaten Brothers Construction Company, as outlined in letter referred to above, with the suggested Amendment, and Mayor Gavin be authorized to sign said Agreement for and on behalf of the City of Wichita Falls, Texas. Motion seconded by Alderman Wallander and carried unanimously. Mr. J. P. Rubmann, Director Utilities, displayed a map, and Mr. C. J.Griggs, 9 City Manager, explained the area where the proposed water line extensions would be laid along the Sheppard Access Road, Burkburnett Road and vicinity of Sheppard Air Force Base; estimated cost approximately $60,000.00. 4 Mr. M. J. Bryan, owner of property in the vicinity of the proposed water and sewer extensions, requested information as to how proposed development of his property would be effected by these Lines, and what rights he would have for water and sewer service. Mr. Griggs suggested that he discuss his plats with Mr. R. T. Gregory, Director of Public Works. Moved by Alderman Burross that Plans and Specifications for proposed water line extensions along the Sheppard Access Road, Burkburnett Road and vicinity of Sheppard Air Force Base be approved and Advertisement for Bids be authorized. Motion seconded by Alderman Witcher and carried unanimously. 480 Item No. ORDINANCE NO. 2006 10 AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF WICHITA STREET EXTENDING FROM THE WEST PROPERTY LINE OF NORTH INDIANA AVENUE EASTWARD TO THE WEST RIGHT-OF-WAY LINE OF THE FORT WORTH AND DENVER CITY RAILROAD, AND CLOSING AND ABANDONING THAT PORTION OF NORTH INDIANA AVENUE EXTENDING FROM THE SOUTH PROPERTY LINE OF WICHITA STREET NORTHWARD TO THE SOUTH PROPERTY LINE OF LINCOLN STREET. Moved by Alderman Witcher that Ordinance No. 2006 be approved and passed as read. Motion seconded by Alderman Claytor and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. 11 ORDINANCE NO. 2007 AN ORDINANCE AMENDING ORDINANCE NO. 1911, WHICH AMENDED SECTIONS 7-1001 AND 7-1001.1 OF TITLE 7, CHAPTER 10, OF THE 1941 CODIFICATION OF ORDINANCES OF THE CITY OF WICHITA FALLS AS THE SAME HAVE BEEN HERETOFORE AMENDED BY ORDINANCES 1381, 1791, 1804, 1883, 11 AND 1903, WHICH ORDINANCES AND THEIR AMENDMENTS PROVIDED FOR THE RULES, REGULATIONS AND RATES FOR THE OPERATION AND MANAGEMENT OF THE CITY OF WICHITA FALLS 14ATER DEPARTMENT. Moved by AldermanBurross that Ordinance No. 2007 be approved and passed as read. Motion seconded by Alderman Burross and carried by the following vote: Yeas: AldermenWallander, Burross, l'icBride, Witcher, Claytor and Wade. Nays: None. ORDINANCE NO. 2008 12 AN ORDINANCE ABANDONING AN EASEMENT AND RIGHT-OF-WAY HERETOFORE GRANTED BY MISSOURI-KANSAS-TEXAS RAILROAD COMPANY FOR A PUBLIC ROAD AND STREET OVER AND ACROSS ew GRANTOR'S BM4ISES, RIGHT-OF-WAY AND TRACK. .T Moved by Alderman Burross that Ordinance No. 2008 be approved and passed as read. Motion seconded by Alderman Claytor and carried by the following vote: Yeas: Aldermen Wallander, Burross, AcBride, Witcher, Claytor and Wade. Nays: None. 13 Mayor Gavin presented letters from John P. Ruhmann, Director of Utilities, and R. T. Gregory, Director of Public Works, giving Estimates on a proposed Driveway, Drive-In Water Payment Window and associated parking lot betweenBroad Street and the West side of the Auditorium, together with a Plat on same. Mayor Gavin 'suggested that since a Committee was working on plans for remodeling the Auditorium, and the possibility that the Water Department might be moved from its present location in the Auditorium, it would be wise to wait for the outcome of that proposed program before taking action on the Drive-In project. By common consent of the Council the matter was deferred. 14 Mayor Gavin made a report on the conference held between city representatives and State Highway and Fort Worth & Denver officials, regarding Railroad track and right-of-way at FM 369 and Lake Road. Mr. Gavin stated that Fort Worth & Denver officials will not abandon their railroad track at this location. 15 City Attorney H. P. Hodge Jr. stated that the City acquired the vacant lot at 801 Bridge Street in 1893, along with considerable number of other properties, by tax suit, according to records at Office of County Clerk, and there is no reason to doubt but that the City still owns same, but clear title could not be warranted. 481 Item Moved by Alderman Burross that the vacant lot at 801 Bridge be declared surplus 15-con't property and theCity Attorney be authorized to advertise for bids on sale of same, without .f warranty of title. Motion seconded by AldermanClaytor and carried unanimously. 16 Moved by Alderman Witcher that Minutes of the Kemp Public Library Board meeting !: held November 201, 19622 be accepted. Motion seconded by Alderman Wade and carried unanimously. City Manager C. J. Griggs gave a report on investigation being made regarding - heating system at the library. Moved by Alderman Wallander that Minutes of theTrafficCommission meeting held 17 November 30, 1962, be accepted. Notion seconded by Alderman Burross and carried unanimously. City Attorney H. P. Hodge Jr. stated that standard reimbursement contract had 18 been prepared with Hawkeye Development Company for sewer facilities inSectionC, Loch Lomand Addition, amount of contract $2,213.40, and requested approval of same in con- nection with Water Contract listed on Agenda. Moved by AldermanWallander that the following reimbursement contracts with Hawkeye Development Company, in SectionC, Loch Lomand Addition, be approved and the Mayor or City Manager be authorized to execute same for and on behalf of the City of Wichita Falls, Texas: For Water facilities in Section C, Loch Lomand Addn. $6,823.75, being half of total expenditure. For Sewer facilities in Section C, Loch Lomand Addn. 2,213.40, being half of total expenditure. Motion seconded by Alderman McBride and carried unanimously. . 19 Moved by Alderman Wallander that the following payments due on reimbursement contracts be approved and ordered paid: Hamilton InvestmentCom?any, $814.47f on water lines in Section 2, 7th Supple- mental Addn. Country Club Estates. Fox Hairston Development Co. 1036.35,' on water lines in Holliday Heights Addn. Solon Featherston 44.30,• final payment on water lines Fairway Addn. B. D. Norris 331.93,• on water lines Edgemere S. Addn., North half of Blk 9, and lots 4 thru 7, Blk 11; and all of Block 12 & 13. Motion seconded by Alderman Claytor and carried unanimously. 20 Mayor Gavin announced since the next regular meeting of the Council would fall on December 24th, that meeting will be cancelled. 21 Mr. H. P. Hodge Jr. City Attorney, presented proposed tax adjustments recommen- ded by Robert 0. Winters, Tax Collector, as follows: Ragland Cone Lumber Company, Inc., Taxes 1959 thru 1962, Assessments, $4886.12 Adjustment 4122.54 Based on CPA statement and affidavit on file in Tax Office. Adjustments Nos. 1 thru No. 182; Nos. 1 thru 104 being automobile accounts that are cancellations of non-resident :service men, double assessments, etc. �l%. Nos. 105 thru 153, are oil accounts and mobile home accounts of non-resident service men; Nos. 154 thru 182 on real estate that is church exempt or school property, State ROWi, or various errors, resulting in a net loss of $1984.33. Detailed reports on above are on file in Office of City Clerk. 4$2 It 2 -con't Moved bzr Alderman Burross that the above tax adjustments be approved. Motion seconded by Alderman Witcher and carried unanimously. 22 Mr. Jack Ballard presented a petition requesting that three Amendments to the City Charter be submitted to the voters of theCity at the next city election. This petition is on file in Office of City Clerk. Mayor Gavin advised Mr. Ballard that a Committee on Charter Revisions was functioning and that the proposed Amendments would be referred to them. 2.3 Mr. Dod Wiley, County Commissioner, appeared before theCounci.l expressing appre- ciation for the cooperation between the Board of Aldermen and theCounty Commissioners. He stated theCounty had authorized a check for $1000 as a donation for runs which the City Fire Department had made to various rural locations during the past year, which would be delivered within the near future. Mr. M. W. Oliver appeared before the Council stating that, in his opinion, justice had not been done in connection with the controversy over the city property lease in vicinity of Williams Park, stating that he had worked hard to develop certain improvements on the land, wand all that he had done was to protect these improvements. Mayor Gavin expressed regret that the unpleasant situation had developed, and that the decision of the Council was the only way to solve the problem. Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman Wade and carried. The Board of Aldermen then adjourned at 8-45 o'clock P.M. APPROVED this the _ ILL day of 9b i Mayor ATTEST: City Clerk