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Min 06/24/1963 536 Wichita Falls, Texas Memorial Auditorium Bldg. June 24, 1963 Item No. The Board of Aldermen of the city of Wichita Falls, Texas, met in regular session on 1 & 2 the above date, in the Council Room of the Memorial Auditorium Building at 7:30 o'clock P.M. , with the following members present: John J. Gavin Mayor J. Winston Wallander Dr. D. Clifford Burross Dr. Al T. Witcher Aldermen Roy V. (Pete) Claytor Don Wade L. Jack Davis City Manager Bill Gowan Assistant City Attorney W. B. Hicks City Clerk 0. D. McBride Absent 11. P. Hodge, Jr. Absent The invocation was given by Alderman Wallander. 3 Moved by Alderman Burross that the minutes of the called meeting of June 5, 1963, and the regular meeting of June 10, 1963, be approved as read. Motion seconded by Alderman Wade and carried unanimously. 4 ORDINANCE NO. 2023 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE NORTHWEST TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE (RICHLAND ESTATES, SECTION 1) . Moved by Alderman Witcher that Ordinance No. 2023 be passed. Motion seconded by Alderman Wade and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None 5 ORDINANCE NO. 2025 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE NORTH TERRITORIAL LIMITS OF THE V CITY OF WICHITA FALLS9 TEXAS$ WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE (LINCOLN HEIGHTS, SECTION III) . Moved by Alderman Burross that Ordinance No. 2025 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None 6 Assistant City Attorney Bill Gowan introduced Ordinance No. 20261, amending Ordinance V/ No. 2022. ORDINANCE NO. 2026 AN ORDINANCE AMENDING PARTS OF ORDINANCE NO. 2022, WHICH IS AN ORDINANCE ESTABLISHING THE ELECTRICAL CODE FOR THE CITY OF WICHITA FALLS, AND PROVI- DING FOR CHANCES IN REGARD TO ARTICLE II, SECTION 2, "DUTIES OF ELECTRICAL INSPECTORS". ARTICLE IV, SECTION 2. "PANELS" AND ARTICLE VII, "PENALTIES". Moved by Alderman Burross that Ordinance No. 2026 be passed. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None 537 Resolution No. 517 was introduced by the Assistant City Attorney, Bill Gowan. Item No. RESOLUTION NO. 517 7 A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS ON PORTIONS OF FLOOD STREETP AVENUE B. BROAD AVENUE AND WOODS STREET IN THE CITY OF WICHITA FALLS$ TEXAS, AND DIRECTING THE ISSUANCE AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED. WHEREAS., the City of Wichita Falls has heretofore entered into a contract with J. F. Foster & Sons of Wichita Falls,, Texas'. for the making and construction of certain improvements on the following portions of streets,, avenues, and public places in said City, to-wit: FLOOD STREET: From E.P.L. Bailey Ave. to E.C.L. Holland Street; AVENUE B: Lot 80 Block 35., Floral Heights; BROAD AVENUE: From End returns on S side 24th to SPL 25th St.; WOODS STREET: From W.P.L. Redwood Avenue to the West Edge Pvt. Rosewood Avenue; and WHEREAS, such improvements have been completed upon said portions of said streets avenues and public places and have been inspected and found to be complete, in accordance'with the contract. NOW., THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS, THAT: 1. The improvements on said portions of said streets, avenues, and public places be and they are hereby accepted and the contract with reference to the construction of such im- provements be and is hereby found and declared fully completed and performed. 2. The Mayor be, and he is hereby, directed to issue and execute, in the name of the City, certificates in evidence of the Special Assessments levied against abutting property, and the owners thereof, for such improvements, and the City Clerk is directed to execute the same and impress thereon the corporate seal., all in accordance with the proceedings relating to such improvements and assessments. Such certificates shall be delivered to the said J. F. Foster & Sons. This resolution shall take effect and be in force from and after its passage. Moved by Alderman Wade that Resolution No. 517 be passed. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross.4 Witcher, Claytor, and Wade. Nays: None RESOLUTION NO. 518 8 WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, sitting in regular session on June 24, 1963,1 find that the following property owned by the City of Wichita Falls., Texas,, a Municipal Corporation, will become surplus p'roperty after September 15, 1963, to-wit: Lot No. Eight (8) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas; Lot No. Nine (9) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas; Lot No. Ten (10) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas; Lot No. Eleven (11) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas; Lot No. Twelve (12) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas; Lot No. Thirteen (13) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls Texas; Lot No. Fourteen (14) , Block No. One Hundred Fifty-Six (156) , Original Townsite of the City of Wichita Falls, Texas WHEREAS, the Board of Aldermen find it in the best interest of the City of Wichita Falls to offer for sale the above-described property. RESOLVED, That the City Clerk of the City of Wichita Falls, Texas, is authorizedf empowered and directed to advertise the above-described property for sale. lander that Resolution No. 518 be passed, but with the provi Item No. Moved by Alderman Wal . ct any and all bids. �8 contd. sion that the City reserve the right to reje Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None 9 Moved by Alderman Witcher that the minutes of the Electrical Advisory Board meeting held May 16, 1963, be received. Motion seconded by Alderman Wade and carried unanimously. 10 Mayor Gavin asked that the Board of Aldermen give him authority to appoint two mem- bers to the Board of Adjustments and Appeals. Moved by Alderman Claytor that the Mayor be authorized to appoint such members. motion seconded by Alderman Wade and carried unanimously. A deletion from Ordinance No. 1911' which was amended by Ordinance No. 2007, and a substitution of a deleted paragraph to be added to Ordinance No. 1911, was discussed and clarified by Alderman Burross and City Manager Jack Davis. ORDINANCE NO. 2027 AN ORDINANCE AMENDING ORDINANCE NO. 2007 AND 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, WHICH ORDINANCES AND THEIR AMENDMENTS PROVIDED FOR THE RULES, REGULATIONS AND RATES FOR THE OPERATION AND MANAGEMENT OF THE CITY OF WICHITA FALLS WATER DEPARTMENT. Moved by Alderman Wade that Ordinance No. 2027 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None 12 Mayor Gavin introduced the minutes of the Park Board meeting held June 17, 1963, and called on Alderman Claytor, the Council representative to the Park Board, for recommendations. Alderman Claytor discussed items 2. 5. and 7 of the Park Board minutes, and called attention to item 4. ted, Moved by Alderman Claytor that minutes of the Park Board be accep with the exceD tion of item 4, which because of its nature, should be a separate motion. Motion seconded by Alderman Wade and carried unanimously. Item 4 of the Park Board minutes regarding the lease of a building site in Southern Hills Park for construction of a .-Girl's Club Building for $1.00 per year for a period of 25 years was discussed. Moved by Alderman Burross that City Manager Jack Davis be authorized to execute a lease for erection of a Girls' Club building in Southern Hills Park, as recommended by the Park Board. Motion seconded by Alderman Witcher and carried unanimously. 13 Mayor Gavin asked for authority from the Council to appoint a member of the Park Board to replace John Pennington, who had resigned. Moved by Alderman Claytor that the Mayor be allowed to appoint a member to the Park Board. Motion seconded by Alderman Wade and carried unanimously. 539 Authority to advertise for bids on the following was requested by the Purchasing Agent. Item No. a. Front End Loader for the Water Department. 14 b. Lime Slaker Machine for the Water Department. C. Chlorinator d. Ferrous Sulphate Feeder, and auxiliary equipment for Water Department. e. Panel Truck for Engineering Department Field Party. Moved by Alderman Wade that the Purchasing Agent be authorized to advertise for bids on equipment itemized above. Motion seconded by Alderman Claytor and carried unanimously. Moved by Alderman Wade that the minutes of the meeting of the Planning Board held June 12, 1963, be received. Motion seconded by Alderman Witcher and carried unanimously. The final plat of the Phillips Petroleum Company Tract was presented to the Council. 16 Moved by Alderman Claytor that this plat be approved. Motion seconded by Alderman Wade and carried by the following vote: Ayes: Aldermen Wallander, Burross, WitcherP Claytor, and Wade. Nays: None The final plat of Gardens Edge Church of Christ tract was presented to the Council. 17 Moved by Alderman Witcher that this plat be approved. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross.4 Witcher, Claytor, and Wade. Nays: None The final amended plat of Lots 3-10 of Block 12, South Winds Estate Section 2 was pre- 18 sented to the Council. Moved by Alderman Wallander that the amended plat be approved. Motion seconded by Alderman Wade and carried by the following vote: Ayes: Aldermen WallanderS Burrossp Witcher, Claytor, and Wade. Nays: None The final amended plat of Lots 9-15, Block 11, South Winds Estates Section 2, was presented to the Council. 19 Moved by Alderman Wade that this plat be approved. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander., Burross Witcher, Claytor, and Wade. Nays: None The final plat of the Omega Addition Section 2, was presented to the Council. 20 Moved by Alderman Wallander that this plat be approved. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None b4u Item no. Moved by Alderman Claytor that reimbursement contract payments to the following be 21 approved for payment: V/ Best Building Co. , Water in Sections A & B between City Aqueduct and Maple Street and South of Farm Highway 369 of the Sikes Addition, $2,056.47. V, Best Building Co. , Sewer in Sections A & B of the Sikes Estate Addition, ,$363.19% Motion seconded by Alderman Wade and carried unanimously. 22 Mayor Gavin next stated that the 1963 Board of Equalization needed to be appointed. Board, who served last year had done a splendid job, and He stated that the members of the ere willing to serve on the 1963 Board. having been contacted had stated that they w iley Meissner, Jr. , and Moved by Alderman Wade that Mr. J. B. Featherston, Mr. Joe Ba Mr. Leroy Wilkins be appointed the 1963 Board of Equalization. Motion seconded by Alderman Claytor and carried unanimously 23 Resolution No. 519 regarding paving of city streets and avenues was presented to the Council. RESOLUTION NO. 519 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES$ AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND OTHERS INTERESTEDS, AND DIRECTING THE CITY CLERK TO GIVE NOTICE. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that each of the hereinafter described portions of Streets and Avenues in the City of Wichita Falls, Texas, be improved by raising, grading, and filling same, and by further con- structing thereon the improvements hereinafter specified, to-wit: Each of the hereinafter described portions of streets and avenues shall be further im- proved by constructing thereon six-inch (611) concrete curbs and gutters; each of the herein- after described portions of streets and avenues, with the exception of Giddings Street, shall be further improved by constructing thereon six-inch (611) Reinforced Concrete Valley Gutters; and each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon a six-inch (611) Flexible Base Course with a one and one-half inch (1 1/211) Hot Mix Asphaltic Surface. All of said portions of streets, avenues and public places shall be so improved, to- gether with storm sewers and drains and other necessary incidentals and appurtenances as and where shown on the Plans and in strict accordance with the Plans and Snecifications 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 ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Such estimates be, and they are hereby, adopted and approved. Ii. It is hereby found and determined that the cost of improvements on each portion of streets, avenues, and public places, 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 Eleventh Street: From west Property Line Tyler Street to West Curb Line Giddings Street, known and design d as Unit No. 19; the estimated cost of the improvements is perty which abutts $1,158.49;the estimated amount per 7-r-ontfoot to be assessed against proi and fronts on said 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 and fronts on said Street and the owners of such property for improvements exclusive of curb and gutter is $2.735; 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 $3.935; 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 Streetp but which fronts on some other street and the owners of such property for improvements exclusive of curb and gutter is $2.079; total estimated amount per front foot to be assessed against pro- perty which abutts on said Street, but which fronts on some other street, and the owners of such property is $3.279. 541 On Giddings Street: From South Property Line Eleventh St. Avenue C, kno to North Property Line Item No. wn and designated as Unit No. 18-; estimated cost of improvements is $5,284.72; 23 cont'd. 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; and for improvements exclusive of curb and gutter is $3.418; 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 $4.618; 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 is, for curb and gutter $1.20; for improvements exclusive of curb and gutter $2.648; 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 $3.848. On Avenue C: From West Curb Line Giddings St. to West Property Line Tyler St. , kn6wn and designated -a—s—Unit No. 20; estimated cost of improvements is $1 171.61; estimated amount per front foot to be assess against property which abutts and fronts on said Street and the owners of such property is, for curb and gutter $1.20; for improvements exclusive of curb and gutter $3.767; 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 $4.967; the estimated amount per front foot to be assessed against property which abuits on said street, but which fronts on some other street, and the owners of such Property, is, for curb and gutter $1.20; for improvements exclusive of curb and gutter $2.939'; 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 $4.139. III. A hearing will be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texast to all owning or claiming any property abutting on said portions of streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 8th day of July , 1963P at 7:30 P.M. in the City Council Room of the Memorial Auditorium loc d at 13UO 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 Legis- lature of the State of Texas, and known 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 advertise- ment inserted at least three (3) times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least t'en (10) 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 hear- ing to all owning or claiming any property abutting said portions of streets, avenues and public places 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 aLress of said owners or persons. It shall not be necessary for the City Clerk to mail said notice to an owner or other person claiming an interest in the property to be assessed when the address oy 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 proceed- ings 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 certifi- cate of the City Clerk shall be conclusive evidence of the facts therein recited. Failure of the City Clerk to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to 4ceive said notice, shall in no wise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, V�lid and binding upon all owning or claiming such abutting property or any inter- est therein when said notice shall have been given by newspaper advertisement as first herein- above provided. IV. THIS RESOLUTION shall take effect and be in force from and after its passage. Moved by Alderman Burross that Resolution No. 519 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None Resolution No. 520 was presented and a discussion held by members of the Council. Item No. RESOLUTION NO. 520 1 1 24 W11EREAS, the State Highway Commission, by Minute Order No. 52733, passed May 23, 19630 has agreed to sell to the City of Wichita Falls, Texas, certain property, more particularly 542 Item No. described in said Minute Order No. 52733, and �4 contd. WHEREAS, the City of Wichita Falls desires to acquire the said property from the State Highway Commission, and in accordance with the terms set out in Minute Order No. 52733; NOWS THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Highway Commission Minute Order No. 52733 are acceptable to the City of Wichita Falls, and we do hereby order that the City accept the provisions and terms as set out in Highway Commission Minute Order No. 52733. Moved by Alderman Wallander that Resolution No. 520 be passed. Motion seconded by Alderman Wade and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, Claytor, and Wade. Nays: None Item No. Mr. Jack Davis, City Manager, stated to the Council that on the advice of First South- 25 west Company, the financial advisors to the City, since many of our bonds would be sold in the East, it would be advisable to have an eastern bank serve as co-paying agent with the City V, National Bank., which is our present depository for city funds. Mr. Davis further stated to the Council that he would recommend that the City National Bank and the Chase Manhattan National Bank be appointed co-paying agents for the bond issue authorized in the election of June 4, 1963, Moved by Alderman Burross that the City National Bank and the Chase Manhattan National Bank be appointed co-paying agents. Motion seconded by Alderman Claytor and carried unanimously. 26 Mayor Gavin at this time commented on the report of the Hospital Study Group and their recommendations, whereby the City would participate with the county in payment of the deficit created by indigent patient care on a basis of 1/3 by the city and 2/3 by the county. The Mayor further stated that the Council was willing to accept the recommendations of the Hospital Study Group, and that a definite basis of certification for indigent patients be es- tablished, and that the Council was willing to participate for a minimum of one year commencing October 1., 1963, but reserving the right to examine the records pertaining to indigent sick, and further review this matter at the end of one year. Moved by Alderman Burross that the Council approve the recommendations of the report as presented, but to include the reservations as stated by Mayor Gavin, and that a resolution be drawn up thanking each member of the Hospital Study Group for the service rendered. Motion seconded by Alderman Witcher and carried unanimously. 27 At this time the Mayor recognized Judge Calvin Ashley who took the floor and stated th,at the Commissioner's Court had not taken final action on the Hospital Study Group's report and their recommendations, but had held an informal discussion regarding same, and planned to V; accept all the recommendations made by this study group as soon as details could be worked out. 28 County Commissioner, Dod Wiley, Commissioner County Precinct No. 1, was recognized and took the floor to make a brief statment regarding the Hospital Study Group report, and in- formed the Council that the county had moved the fences along the right-of-way of Hatton Road in order to expedite the widening and other improvements planned for this road. 29 Alderman Burross read a letter regarding the addition of fluoride to the�water supply, and the various benefits that might be obtained therefrom. fie stated that he had had numerous inquiries as to whether or not our water supply was treated with fluoride, and if it was not treated, why was it not treated. Moved by Alderman Burross that the City Manager, Mr. Jack Davis, investigate and make a report on the benefits of the addition of fluoride to a water supply, and the possibility of adding fluoride to our water supply, which would be presented to the City Council at their first meeting held in September. Motion seconded by Alderman Wallander and carried unanimously. 543 Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman Wade and carried unanimously. The Board of Aldermen then adjourned at 8:50 P.M. APPROVED this the 8th day of July 1963. —", — &4-��, ATTEST: 7 Mayor City Clerk