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Min 08/12/1963 555 Wichita Falls, Texas Memorial Auditorium Bldg. August 12, 1963 Item Nos. The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session 1 2 on the above date, in the Council Room of the Memorial Auditorium Building at 7:30 o'clock P.M. 0 with the following members present: John J. Gavin lklayor J. Winston Wallander I Dr. D. Clifford Burross Aldermen Dr. Al T. Witcher Roy V. (Pete) Claytor L. Jack Davis City Manager Ii. P. Hodge, Jr. City Attorney W. B. Hicks City Clerk 0. D. McBride Absent Don Wade Absent The invocation was given by Alderman Wallander. Mayor Gavin at this time welcomed the citizens of Wichita Falls who were present for the Council meeting, and expressed a special welcome to Lt. Siepielski and the three other members of the Technical Headquarters Squadron, Sheppard Air Force Base, who were also present. Item No. Moved by Alderman Burross that the minutes of the regular meeting of July 22, and the 3 special meeting of August 1 be approved as read. Motion seconded by Alderman Claytor and carried unanimously. Before taking up the next item Mayor Gavin stated that he would like to express the good wishes of the Council to Alderman McBride who is recuperating from surgery, and to Alderman Wade who was in General Hospital and was scheduled for surgery the following day. 4 Moved by Alderman Burross that Ordinance No. 2033 be passed. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, and Claytor. Nays: None 5 A letter to Mr. Jack Davis,, City Manager, from Mr. R. T. Gregory, Director of Public Works, was read recommending an amendment to the contract with Mr. Jack Foley, owner and operator of Kiddyland, allowing the use of additional land for amusement park purposes in Weeks Park. The map showing the additional land was studied, and this amendment was discussed. Moved by Alderman Wallander that the contract with Mr. Jack Foley be amended as per Mr. Gregory's recommendation. Motion seconded by Alderman Burross and carried unanimously. �6 Permission was requested from the Council to advertise for bids for some equipment for the newly organized Central Garage. Mr. k. T. Gregory, Director of Public Works, explained to the Council how this various equipment would be used. 1 - One ton truck I - One ton pickup 1 - 19,500 GVW truck for gasoline I - Tank for gasoline truck delivery already mentioned Moved by Alderman Claytor to authorize the advertising for bids on the above equipment. Motion seconded by Alderman Witcher and carried unanimously. 7 RESOLUTION NO. 527 WHEREAS, the Board of Aldermen of the City of Wichita Falls, after due investigation, has determined that it is necessary and to the best interest of the City to construct two fire stations, as set out in Resolution No. 511 adopted April 22, 1963; and, WHEREAS, it is the intention of the Board of Aldermen in the event contract be executed for the construction of said two fire stations herein contem lated, to issue and Nor material and deliver to the proper contractor or contractors in payment for the la I 556 supplies used in the construction thereof, Time Warrants of the City bearing interest at a Item No. rate not to exceed four per cent (4%) per annum, and not exceeding the principal sum of 7 cont'd. $70,000.00, the principal of said Warrants to be payable in equal annual installments, with the maximum maturity date to be not more than ten (10) years; NOW., THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the City Clerk is hereby authorized and instructed to cause to be published in a newspaper of general circulation in the City the notice required by Article 2368a., Revised Civil Statutes of Texas in respect of the constructing of said fire stations; that said notice shall specify the tine and place when and where such contract shall be let, and shall be published in a newspaper of general circulation in the City of Wichita Falls once a week for two consecutive weeks prior to the time set for the letting of such contract, the date of the first publication to be at least fourteen full days prior to the time set for such letting; that said notice shall also contain the information that it is the intention of the City to issue and deliver interest-bearing Time Warrants in an amount not exceeding $70,1000.00 bearing interest at a rate not exceeding four per cent (4%) per annum, the prin- cipal of said Warrants to be payable in equal annual installments with the maximum maturity date to be not more than ten years, such Warrants to be issued and delivered in payment of the costs of said fire stations, and that such notice shall contain such additional informa- tion and data as required by law. Sealed proposals in respect to the construction of said fire stations will be re- ceived at the Office of the City Clerk, Memorial Auditorium., Wichita Falls, Texas, until 10:30 O'clock, A.M. , on the 3rd day of September, 1963, in accordance with the plans and specifications which are approved by the Board of Aldermen and on file in the office of the City Clerk, at which time and place such proposals will be publicly opened and read. Moved by Alderman Witcher that Resolution No. 527 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher and Claytor. Nays: None ORDINANCE NO. 2038 8 AN ORDINANCE PERMANENTLY ABANDONING AND RELEASING A CERTAIN DRAINAGE EASEMENT SITUATED IN BLOCK K, KEMPIS WEST END ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Burross that Ordinance No. 2038 be passed. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander'. Burross, WitcherA and Claytor. Nays: None A proposed policy on assessments for street improvements to be made under the bond 9 program was presented. This proposed policy for assessments is to be an attachment of VX Resolution No. 528. RESOLUTION NO. 528 WHEREAS., the Board of Aldermen of the City of Wichita Falls deem it advisable to adopt a policy governing assessments against adjacent property owners for their share of the cost of street .improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the instrument attached hereto entitled "Policy For Assessments Against Adjacent Property Owners For Street Improvements Projects in the City of Wichita Falls" be and the same is hereby adopted as the policy governing such assessments, and shall be fol- lowed by the officers and employees of the City of Wichita Falls. Moved by Alderman Burross that Resolution No. 528 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallanderl Burross, Witcher., and Claytor. Nays: None Mr. H. P. Hodge, Jr. , City Attorney, recommended that the final payment of contract lot,- amount to Natkin and Company on the Cypress Street Water Treatment Plant in the amount of $4,494.59 be made. paid. Moved by Alderman Wallander that the balance of $4,494.59 to Natkin and Company be Motion seconded by Alderman Witcher and carried unanimously. Item No. Mr. Lewis Hansard appeared at this time with some remarks regarding this payment, 10 contd. and requesting that he be allowed to contact Natkin and Company to see if a payment could be made jointly to them and the company he represented. It was agreed by the Council that payment of this amount to Natkin and Company would not be made until August 19, 1963 in order that Mr. Hansard might contact Natkin and Company and see if this would be agreeable with them. 1 Moved by Alderman Claytor that the bid for two crawler type front end loaders for sanitary landfill be awarded to Darr Equipment Company on their low bid of $42,490.00. Motion seconded by Alderman Burross and carried unanimously. 62 Moved by Alderman Witcher that the minutes of the Planning Board meetings held July a & b 23 and July 30, 1963, be received. V Motion seconded by Alderman Claytor and carried unanimously. V12c Moved by Alderman Claytor that the minutes of the Park Board meeting held July 22, V 19631, be received. Motion seconded by Alderman Wallander and carried unanimously. V13 Moved by Alderman Burross that the following reimbursement contract payments be paid: It. D. Montgomery, Sewer, Lefall Heights Addition, Section 2, from July 15, 1962 to July 15, 1963; $71.77 C.W.L. Dennis & Elmer Dennis, Sewer,, Lake View Manor, Section 1, from July 21, 1962 to July 21, 1963; $181.04 Larry Moore, T. E. Hill, Jr., & A. R. Dillard, Jr., (Meadow Lake Company) Sewer, Meadow Lake Addition, Section A. from July 25, 1962 to July 25, 1963; $268.65 Hughes Development Company, Sewer, Dittoe Heights Addition (Southern Hills Section) from July 25, 1962 to July 25, 1963; $285.59 E. E. Cloer,' Sewer, Dittoe Heights Addition., from July 31, 1962 to July 31, 1963; $463.24 C.W.L. Dennis & Elmer Dennis, Sewer, University Park Subdivision, Section A-5. from July 31, 1962 to July 31, 1963; $153.27 Harold M. Davis,, A B C Construction Company, J. H. Galloway, IV. 0. Simpson, & Mrs. L. M. Crump, Sewer, Marlow Addition, from August 1, 1962 to August 2131 1963; $138.68 R. D. Montgomery, Water, Lefall Heights Addition, Section 2, from July 15, 1962 to July 15, 1963; $222.32 C.W.L. Dennis & Elmer Dennis (Dennis Construction Company) , Water, University Park Subdivisiont Section A-5, from July 27, 1962 to July 27, 1963; $778.89 C. L. Rogers, Water, Riviera Parkway, Block I & 2, from August 1, 1962 to August 1, 1963; $608.29 Motion seconded by Alderman Witcher and carried unanimously. �14 Moved by Alderman Burross that Tax Adjustments No. 506 through 783 be approved. Motion seconded by Alderman Claytor and carried unanimously. RESOLUTION NO. 529 A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS ON A PORTION OF VERMONT 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 R. 0. Green Construction Company of Wichita Falls, Texas, for the making and construction of certain improvements on the following portion of VErmont Street in said City, to-wit: VERMONT STREET: From 2281 S. of S.P.L.N. Tenth St. to 4.51 S. of FW & DC RR Main Track; and WHEREAS, such improvements have been completed upon said portion of said street ispected and found to be complete, in accordance with the contract. Item 15 558 cont'd. NuIV, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That the improvements on said portion of said street be and they are hereby accep- ted and the contract with reference to the construction of such improvements be and is hereby found and declared fully completed and performed. 2. That 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 proceed- ings relating to such improvements and assessnents. Such certificates shall be delivered to the said R. 0. Green Construction Co. THIS RESOLUTION shall take effect and be in force from and after its passage. Moved by Alderman Wallander that Resolution No. 529 be passed. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, and Claytor. Nays: None A proposed ordinance regulating the transportation of the injured in Wichita Falls 16 was presented for consideration of the Council. Moved by Alderman Claytor that the regular Council meeting of August 26 be cancelled. 17 Motion seconded by Alderman Wallander and carried unanimously. Mayor Gavin stated that after many months of hard work and study, the zoning commit- ' 181// tee of the Planning Board had prepared a proposed comprehensive zoning ordinance for the City of Wichita Falls, Texas. Ile further stated that the Council wished to call an election to let the taxpayers express their preferences regarding comprehensive zoning before the Council took any action on a zoning ordinance. Moved by Alderman Wallander that an election be called on September 10, 1963, to vote for or against comprehensive zoning. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross, Witcher, and Claytor. Nays: None A letter from the First Assembly of God Church was read stating that they have two 19 lots on Bluff Street opposite the Auditorium which they plan to sell, and further stated that they wish to offer the City first chance to purchase these lots if the City was inter- ested, for a price of $20,000.00. At this time Mayor pro tem Witcher made several remarks regarding the number of 20 Corporation Court cases which had been appealed. Mayor Gavin stated that the Council would like to go on record urging an increased study of the number of cases appealed. Mr. Jack Davis, City Manager, requested that he be authorized to negotiate for the 21 purchase of property on which to build the new Central Fire Station and the new Police Station. Moved by Alderman Witcher that Mr. Jack Davis, City Manager, be authorized to nego- tiate for purchase of land for the new fire and police stations. Motion seconded by Alderman Claytor and carried unanimously. At this time Mr. M. W. Oliver was recognized and had several questions regarding 22 the cancellation of his lease with the City of some land adjoining Williams Park. Mr. Oliver was instructed to discuss the entire matter with Mr. Jack Davis,, City Manager. Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman Wallander and carried unanimously. The Board of Aldermen then adjourned at 8:57 P.M. APPROVED this the 9th day of -,pt,mh,, 1963. ATTEST: City ClerK �qayor C' �71 r-0 .kc pf rl 00 -vo -z v) C� , rin I `-nnrd T'T?, C,- "P X 'llector Us tm e r t"'; rn uFr h -7 o US t Me r t C Co 1.1 r,t S Ire re;; reA- lntat,� -)(")rs f'nr �t,qte , ,o ve r v-, r o)T, �rtS Pro .,X4�mpt errors . C,!,-, q P t h.- ri s�e snrnents listmertF: I '� thr-ur-h ,;i -Ice-unts whir;� Pr. 4, -ire! 'r P-rsnnPl prrert,�r rnll . Mp 1A,�I- t :lemnti C,,l H; Accourt!7. err-rs . to 'the A,Iiustments , q An' 71hese Pre Cprc' thr-uj-,h .. ��l Ire ()n mo�,ij,-� ellPtiors n(-)r X, men Ind nj�t.m t(-) the roll , �)le . 0.1 Upr�, n t,-, ma t'- sessm': 7,,,rvi ce m�:,n t ir) not ownel on T,-�n - sile, tj,,,,'lemPticAl errors , overp' s,�,,�Sqments . Out tpXin r e r F ,I Ct InJ in IA t ('n to' the ahr)ve Pre the fnllow,nF . I ,!Ustmerlt -7 T I ',eslie vs (),, w"'jch 's -1 "ttlement 1% 1�,,,Jjs , ��t _11 t-lx Suit , a check in the nm(,I;nt e �l"I r . L r ter j�-,red of 7 f anl 0 n I tI x P e tr�rpst On wh; , C F"r o�e-1 tn,-- e S:'3 i r, t,, e 11MIII.,nt ori r,,pel r t,- r reb S rixes 77 eP r '3 t�ss e r r IPVV AardwPr,, . of ir n c 'hq s e n"e r,� check ir t�le tnxes- 4 Se ttlerr,�r�t Ir have 8pre-erl t,,)" 3u,t T-"')" the -r! "he,,, rinAl rj,,� W, -�r,j rer,,Ur�st . P t wn s e r e r e� -nr p 1?I-M i 7 r 1 :3 S"3 e t n!7 -n-M reque!-,l- n'It to , .,:is is pr, - r r PnqeF7m�rt ustmr�rt Ici S wi 11 K t IM()Unt C)f ur� -p �, �, !7 f, 'Ir S -l"s i I- nrd -p r" of e rm C, t ­qx C-11,:!ct ,r ter,iere m(-I,rt (_f for �;Jl distri CtS' fr)r the tAXe" t 'Irour-'Iri T)r(7��,e r t CC)r,c-r r c r t ,)COtt s p r o p e r t,,, s v e ra sq F:7 f r r s nnA we recorrm�n� 8cceptnrce )f t�;,7� Cit., ,!7 p,-rt a.,, rull T)�'1vm(`r,t for those yeir�; . The 71,qminp,(- �,..ctel hn7 terd-rol full ppym-�!rt for 1%)ij rjrl lct , tpx-s s t r 4 ct "hp -)riFin;;l r) r, Y,t e re s t w,�s Mis pr(,)T)ert,,- wps An� we r-cnT,,- mer-, ncc(- -t pnrt is f1;11 Priymert for n r,I cc'P"- of eqci: -1.:T;!7tmpr.t wit,'-, ;nn 0--XrlAnnti�-r nf ench nH -:11!�trn-r,t i!7 -�r filo� ' r the '3it," Cle' r!-s "fricn. -11)eSe Pri `1,--,tn-rts hpv,�- jeej� ­ff- ce. trlp 7it" '�tt(�rre,,7 T recornmen,! t-pt thene p,j 41 st 'M�.rt,c 1-a qpprnvel . e-pectf,111,,, Fu,,-njtt.� -,c As-,,�f7snr nr,7 Co 7F y AttnrneV- 7.-T�T- t pr .r. PROPOSED POLICY FOR ASSESSMENTS AGAINST ADJACENT PROPERTY OWNERS FOR STREET IMPROVEMENTS PROJECTS IN THE CITY OF WICHITA FALLS SECTION I DEFINITION OF TERMS For clarity and continuity the following terms shall be used throughout this policy in discussion of the amount of partici- pation which is recomm-nded in regard to a certain type of property. A, New Street Construction - Paving of a street which has not been previously paved with an acceptable paving standard and which does not have curb and gutter and is not to an approved alignment and grade, B. Street R�-,construction - Widening or reconstruction of an existing street which is to grade and which does have curb and gutter. C. Residential Property - Property which is residential in use or character for one or two family residence. D. Non Profit Property - Property such as churches, schools, etc. which are carried as exempt properties on City Tax Rolls. E. Commercial Property - Any property being used for business purposes, including apartment dwellings. F. Side Lot Exposure - Residential property abutting two streets at their intersection with the longer street frontage being defined as side lot exposure. G. Back Lot - Residential lot abutting two streets but facing on the street not being improved. SECTION II- NEW STREET CONSTRUCTION 1. The assessment for each abutting front foot of privately owned property, residential in usage, shall be as follows: (a) Actual cost for curb and gutter. (b) Actual cost for pavement, including both base and surface from the lip of gutter to the center- line of a 30 foot roadway (13-2L feet). (c) An additional ten per cent of items (a) and (b) shall be included in the assessment rate for engineering costs. d) The City-at-large shall pay for the cost of curb and gutter and pavement at intersections and for all necessary storm drain work. The City-at-large shall also pay the additional cost for street widths in excess of 30 feet adjacent to residential property, �e) The actual costs as related Jn (a) and (b) shall be the costs for curb and gutter and pavement which are in accordance with the Cityls standards for residential construction,, if a pavement requires additional depth or width the excess cost will be paid for by the C--'Lty-at-large adjacent to resi- dential property, Residential Property shall receive the following consider- ations: (a) Such property which constitutes a side lot with relation to the section of stree4 being improved shall be assessed at a rate equal to 75% of the rate which is to be assessed against property fronting the street to be improved� Side lot credit shall not apply but to the first 200 feet of a lot with any additional depth being assessed the same rate as property fronting the street, (b) For property which abuts the street being improved at the back of the lot there shall be no assess- ment provided there is no access to the street being improved, If the property is of such a size that it can be replatted so that it will front the street being improved thi-s consideration shall not apply unless there are improvements located on the lot in such a way as to make replatting impossible. 3. The assessment for each abutting front foot of privately owned property commercial in usage shall be as follows: (a) Actual cost for curb and gutter, (b) Actual cost for pavement including both base and surface from the lip of gutter to the centerline of the street up to a 48 foot roadway. (c) An additional ten per cent of items (a) and (b) shall be included in the assessment rate for engineering costs, (d The City-at-large shall pay for the cost of the roadway in excess of 48 feet and also for any widening due to channelization at intersections. (e) If the street is widened beyond the width desired by the City, -the property owners shall pay for the additional widening in addition to the basic assessment for street improvements,, 2 4. It is not intended that commercial property receive the considerations that are outlined for residential property with respect to side exposure or rear exposure unless the commercial property does not or cannot take access from the side or rear. Special consideration will be given commercial property with these conditions, 5, Deviations from Standard Policy, (a) Any deviation from standard policy as stated herein and adopted by the City Council shall be called to the attention of the City Council prior to or during the assessment paving benefit hearing. SECTION III STREET RECONSTRUCTION Where a street is to line and grade as determined by the City Engineer, and has been paved with an adequate base and surface, and has curb and gutter adjacent to all property, there will be no assessment for reconstruction, 2. If curb and gutter does not exist on all abutting property it shall be necessary to have all curb and gutter constructed on an assessment or voluntary basis before the street will be considered for reconstruction by the City of Wichita Falls. SECTION IV - CONSTRUCTION OF STREETS FROM CAPITAL IMPROVEMENT BOND FUNDS 1. Due to the necessity of constructing widened and improved roadways for -the handling of traffic on major thoroughfares and arterial streets in areas not fully developed, and also in developed areas where adequate width roadways were not originally constructed, it is necessary to use Capital Improvement Bond Funds financed by tax revenue from the City-at-large to finance these projects. 2. Due to the unusually large amount of traffic handled by these major facilities it is intended that assessment paving procedures as outlined in Section II regarding residential property be revised as follows: (a) Assessed for curb and gutter. (b) An additional ten per cent of item (a) shall be included in the assessment rate for engineering costs. (c) The City-at-large, from Capital Improvement Bond Funds, shall pay for the pavement adjacent to residential property. 3. It is not intended that commercial property or property designated to be used commercially shall receive any special consideration due to improvements proposed to be financed from Capital Improvement Bond Funds, It is generally the case that commercial establishments locate on major thoroughfares to take advantage of the larger traffic volumes, therefore all requirements as outlined in Section II, Paragraph 3 regarding assessment of commercial property shall apply on project financed by Bond Funds, - 4 -