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Min 02/26/1951 934 Wichita Falls, Texas February 26, 1951 The Board of Aldermen of the City of WichitaFalls, Texas, met in regular session on the above date at 7-30 o'clock P. M. in the Council Room of the Memorial Auditorium Building, with the following members present: Harold Jones Mayor Lloyd Thomas Roy W. Parish J. R. Ray Aldermen R. A. Putman R. J. Broom J. B. Hickerson City Clerk Frank Wood City Manager J. Walter Friberg City Attorney ORDINANCE NO. 1549 ORDINANCE CANCELLING, ANNULLING AND RESCINDING ANY AND ALL ASSESSMENTS HERETOFORE LEVIED OR SOUGHT TO BE LEVIED ON AND AGAINST THE PARCELS OF PROPERTY ABUTTING ON THAT PORTION OF PARK STREET KNOWN AND DESIGNATED AS UNIT OR DISTRICT NO. 10 AND AGAINST THE REAL AND TRUE OWNERS OF SAID RESPECTIVE PARCELS OF PROPERTY, AMENDING CONTRACT BY AND BETVJEEN THE CITY OF WICHITA FALLS, TEXAS, AI�TD STUCKEY CONSTRUCTION COMPANY SO AS TO PROPERLY DESCRIBE THE PORTION OF PARK STREET CONTEMPLATED TO BE IMPROVED, PROVIDING SUNDRY OTHER i,,ATTERS INCIDENT THERETO, AND DECLARING All EMERGENCY. Moved by Alderman Ray that Ordinance No. 1549 be placed on first reading. Motion seconded by Alderman Thomas and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Ray that Ordinance No. 1549 be approved and passed on its first reading. Motion seconded by Alderman Thomas and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Brown that, the rules be suspended and that Ordinance No. 1549 be placed on second reading. Motion seconded by Alderman Putman and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Thomas that Ordinance No. 1549 be approved and passed on its second reading. Motion seconded by Alderman Putman and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. 935 Moved by Alderman Thomas that the rules be suspended and that Ordinance No. 2549 be placed on third and final reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Thomas that Ordinance No. 1549 be approved and passed on its third and final reading, and declaring an emergency. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. RESOLUTION NO. 112 RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF PARK STREET IN THE CITY OF WICHITA FALLS, TEXAS, KNOWN AND DESIGNATED AS UNIT OR. DISTRICT NO. 10-A, APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS, APPROVING AND ADOPTING AMENDED CONTRACT WITH STUCKEY CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A FART OF THE COST OF SUCH LWIPROVF1 BENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS, DIRECTING THE CITY ENGITTEER TO PREPARE ESTIMMS OF THE COST OF SUCH IMFROVE!•TNTS, AND PROVIDING SUNDRY OTHER ikTT_ERS INCIDENT THERETO. BE IT RESOLVED BY THE BOA-ID OF ALDER,21�TJ OF THE CITY OF WICHITA FALLS, TEXAS: 1. There exists a public necessity for the improvement of the following described portion of Park Street in the, City of Wichita Falls, Texas, to wit: PARK STREET, from the north line of Lot 1L, Block 5, Boyd Subdivision of Granger Park Addition to the North property line of Flood Street, khown and designated as Unit or District No. 10-A. 2. The above described portion of Park Street in the City of Wichita Falls Texas, is hereby ordered to be improved by raising, grading and filling same, making and installing concrete curbs where such curbs are not already installed on proper grade and line and by constructing thereon a six inch reinforced concrete pavement, together with incidentals and appurtenances, including sidewalks and storm sewers and drains where same are shown and provided for on the plans, all of which improvements are to be constructed where shown and in strict accordance with the plans and specifi- cations now on file with the City. 3. The plans and specifications for such improvements prepared by the City Engineer and now on file with the City are hereby adopted and approved. 4. Bids having been duly advertised for and received and contract having been entered into with Stuckey Construction Company on the 26th day of June, 1950, said company having submitted the lowest and most advantageous bid, and said contract having been this day amended so as to properly describe the portion of Park Street herein ordered improved by ordinance passed by the Board of Aldermen of the City of Wichita Falls, Texas of even date herewithp said contract as so amended is hereby adopted and approved. 5. The cost of the improvements on the hereinabove described portion of Park Street shall be paid for as follows, to wit: (a) The abutting property and the owners thereof shall be assessed and pay for not exceeding nine-tenths (9/10ths) of the cost of the improvements. (b) After deducting the amounts to be assessed against and paid by the abutting property and the owners thereof., the remaining cost of said improvements shall be paid by the City of Wichita Falls, Texas. The amounts payable by the abutting property and the owners thereof shall be assessed against such property and against the real and true owners thereof and shall be a first and prior lien upon the property upon which assessments are levied, except State, County, School District and City advalorem taxes, and a. personal liability of the owh.ers of said property and shall be payable in installments as follows, to wit: 936 When the improvements are completed and accepted by the City, the sums assessed against property abutting thereon shall be and become due and payable in five (5) equal. installments, due respectively on or before ten (10) days, one (1), two (2), three (3) and four (4) years from the date of such completion and accep- tance. The entire amount assessed agar-nst the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements at the rate of six per centum (6%) per ann_um, payable annually, provided that any owner shall have the right to pay my and all of such installments at any time be- fore maturity by paying principal, with interest accrued to the date of payment, and further provided if default be made in the payment of ary installment promptly as the same matures, then at the option of Stuckey Construction Company or its assigns, the entire amount; of the assessment upon which such default is made shall be and become immediately due and payable, together with reasonable attorneys' fees and costs of collection, if incurred; but it is specifically provided that no assess- ment shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements, as ascertained at the hearing provided by the law in force in the City, nor shall any assessments be made in any case until after notice and hearing as pro- vided by law. Said assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment which shall be executed in the name of the City of Wichita Falls, Texas, and delivered to Stuckey Construction Company. 6. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied, and all proceedings taken and had in accordance with and, under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernon's Texas Civil Statutes, which law has been adopted as an amendment to and made a part of the Charter of the City of Wichita Falls, Texas, and under which law these proceedings are taken and had. 7. The City Clerk is directed to prepare, sign and file with the County NOTICE than Park Street and against the own- TO OF PUBLICATION TO OWNING OR CLAIMING ers thereof L5 $1.22. ANY PROPERTY ABUTTING UPON A hearing will be given and held THE HEREINAFTER DESCRIBED POR- by and before the Board of Aldermen TION OF PARK STREET IN THE CITY of the City of Wichita Falls, Texas, OF WICHITA FALLS, TEXAS, AND TO on the lath"day of March, A. D., 1951>SAS ALL OWNING OR CLAIMING ANY at 7:30 o'clock, P. M., in Room No. 300 INTEREST IN ANY SUCH PROPERTY: in the Memorial Auditorium in the TA The Board of Aldermen of the City City of Wichita Falls, Texas, to all of Wichita Falls, Texas, has ordered owning or claiming any property abut- that the hereinafter described portion ting upon said portion of Park Street, and to all owning or claiming any,in- of Park Street in said City be improved terest in such property. At said time by raising, grading and filling same, and place, all owningor claiming such Febru.aTy.................... ....... 1 making and installing concrete curbs g ..day of...........................................J 19 --.r1 where not already installed on proper abutting property or any interest theree grade and line, and by constructing in, shall be and appear and will be heard concerning said improve- thereon a six-inch reinforced concrete ments, the cost thereof, the amounts Pavement together with incidentals and to be assessed therefor, the benefits appurtenances, including sidewalks and to the respective parcels of abutting efore me, the undersigned authority, storm sewers and drains where same axe shown and provided for on the property by means of the imp ments on said portion of Park Street plans, all ofwhich improvements are upon which the property abuts, ar�d to be constructed where shown and in concerning the regularity, validity : d strict accordance with the plans and sufficiency of the contract for and all o o e r S bookkeeper for the specifications now on file with the city. ----- ---•-... ..............----.............. P Bids were dui advertised for and proceedings relating to such improve- y ments and proposed assessments there- received, were fully tabulated, can- for, and concerning any matter as to vassed and considered and the bid of which they are entitled to hearing un-apany of Wichita Falls, publishers of the Wichita Stuckey Construction Company was der the law in force in the city and found to be the lowest and most ad- under the proceedings of the city with vantageous, and was accepted by the reference to said matters. Following City of Wichita Falls, Texas. Pursuant such hearing, assessments will be levied' newspaper published at Wichita Falls in Wichita to such acceptance, contract has here- tofore been entered into by and be- against abutting property and the own tween the City of Wichita Falls, Texas ers thereof, and such assessments, when and Stuckey Construction Company levied, shall be a personal liability of on being duly sworn by me, on oath states that the and is now on file with the City. the owners of such property, and a Estimates Hof the costs of such im. first and prior lien, except as to the provements for said portion of Park State, County, School District and City is a true and correct copy of advertising published Street to be improved have been pre ad valorem taxes upon the property, pared and approved. as provided by the law in force is! The portion of Park Street so to be the City and under which the pro-! improved together with the estimat- ceedings are taken and had, being the ed cost of the improvements and the Act passed at the First Called Session amount or amounts per front foot of the Fortieth Legislature of the State......................----------------issues thereof on the following dates: proposed to be assessed against the of Texas, known as Chapter 106 of the abutting property and the o w n e r a Acts of said session, together with any thereof, are as follows: amendments thereto, and now shown On PARK STREET, from the north as Article 1105b of Vernon's Texas line of Lot 14, Block 5, Boyd Sub- Civil Statutes, which law has been 1951division of Granger Park Addition to adopted as an amenBment to and made-$-- ..... a r-ch..19 �'9-- 1--�� ---- -------- 194........."' the north property line of Flood Street, a part of the Charter of the City of known and designated as Unit or Dis- Wichita Falls. Texas. trict No. 10-A: the estimated cost of Of all said matters and things, all the improvements is $15,754.64; the es- owning or claiming any such property timated amount per front foot to be or any interest therein, as well as all....... ................ L.S::. .-, / ..::................-......:.-.-.....----------.....---------.--- assessed against those parcels of prop- others in anywise interested or af- Boo foT Times Publishing Company which abut and which front on fected, will take notice. said;portion of Park Street and against Done by order of the Board of Al- of Wichita Falls the owners thereof is $1.83; the esti- dermen of the City of Wichita Falls, mated amount per front foot to be Texas, this 26th day of February, A. D., assessed against those parcels of prop- 1951. ertbut which front on some which abut on said Meet other Wichita. Falls Street J. B. . Texas.City Clerk, e(Sea>;worn to before me this day and year first above written. (SEAL) ......._.............. ... ... . �*... ... ...................... -:....... 7 l:eras j al lu, 937 WHEREAS, contract has heretofore been entered into by and between the City of Wichita Falls, Texas, and Stuckey Construction Company and is now on file with the City; and, WHEREAS , the Board of Aldermen of the City of WichitaFalls, Texas, has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and the owners thereof and such estimates have been examined; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDETIEN OF THE, CITY OF WIC_iITA FALLS , TEXAS, THAT: 1. Such estimates be, and they are hereby, adopted and approved. is 2. It is hereby found and deter ined :hat the cost of improvements on said portion of Park Street, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to wit: S, On PARK STREET, from the north line of Lot 14p Block 5, Boyd Subdivision of Granger Park Addition to the north property line of Flood Street, known and desig- nated as Unit or District No. 10-A: the estimated cost of the improvements is �! 153754.64; the estimated amount per front foot to be assessed against those parcels � of property which abut and which front on said portion of Park Street and against the owners thereof is $1.93; the estimated amount per front foot to be assessed against, those parcels of property which abut on said Park Street but which front on some street, other than Park Street and against the owners thereof is $1.22. 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 upon said portion of Park Street, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 12th day of March, A.D., 1951, at 7-30 o'clock, P.M. in Room 300 in Memorial Auditorium 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 and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernon's Texas Civil Statutes, under which law these proceedings are taken and had. 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 74de at least ten (10) days before the date of said hearing. 1. 4, This resolution shall take effect and be in force and effect on and after its passage. Moved by Alderman Parish that Resolution No. 113 be approved and passed as read. Motion seconded by Alderman Putman and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. RESOLUTION N0, 114 DECLARATION ON POLICY ON PLATS AND SUBDIVISIONS BE IT RESOLVED BY THE BOARD OF ALDER14 N OF THE CITY OF WICnITA FALLS, TEXAS: That from and after this date before any plat or subdivision shall be approved by the City of Wichita Falls for filing of record that the same shall meet the following req_1irements with reference to Parks and/or Playgrounds in such sub- divisions: SINGLE FAMILY UNITS: For each 30 units one acre of land should be reserved for park use; this land to be centrally located so that if possible, all units to be served will be within one- quarter mile of this park, and in no case should the distance be greater than one mile. ' In the event that the subdivis-on is of such size to cause a park site to be reserved with a total acreage less than 2.5 acres, the plot of land should be located on the perimeter of the subdivision, so that this land may be integrated with any possible lands given by further subdividing. Resolution No. 1111-Con°t 938 MULTIPLE DWELLING UNITS: On duplexes, row houses, and apartment houses, park sites should be reserved in proportion to the population with a basis of one acre of land for each 100 population. In the event the subdivision is of a composite nature having both single family dwellings and multiple dwellings, that portion developed as single family dwellings will be counted on the basis of one acre for 30 units, and that portion having multiple dwellings will be counted on the basis of one acre per 100 people. This resolution is passed for the purpose of setting a definite policy on the matters herein declared upon and this resolution is furnished for the further guidance of the Engineering Department and the Parks and Recreation De- partment of the City of Wichita Falls; and each of them, by an approved agent, its director, or the City Engineer shall approve any plat or subdivision before the same is presented to the Board of Aldermen for its approval. Moved by Alderman Parish that Resolution No. 114 be approved and passed as read. Motion seconded by Alderman Brown and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Parish that action on the bids of the Stuckey Con- struction Co., amounting to $281,567.05, and R. J. Fanning, amounting to $2853327.5h5 being the low bids received February 16, 1951, on proposed street paving, be deferred and the City Manager be instructed to negotiate with the bidders for a more advantageous bid and report his findings to the Council at their next regular meeting. Motion seconded by Alderman Putman and carried. The City Manager, Frank Wood, was instructed to secure approval of the Engineering Department and Park Department on the proposal by Hughes Development Co. to incorporate their 'Unit No. 1 in the City Limits of Wichita Falls, and approval of the.-'plat for their Unit No. 2, and report his findings to the Council. ORDINANCE NO. 1550 AN ORDINANCE EXTENDING THE C._TY LD,1ITS OF THE CITY OF WICHITA FALLS , TEXAS, BY ANNEXING CERTAIN LAND ADJACENT TO THE PRESENT TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, THE SAME LYING IN A SOUTITJESTERLY DIREC- TION FROM THE PRESENT CITY LIMITS OF THE CITY OF WICHIT4 FALLS, TEXAS, ALL OF WHICH LANDS ARE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE. Moved by Alderman Parish that Ordinance No. 1550 be approved and passed as read. Motion seconded by Alderman Thomas and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. ORDINANCE N0, 1551 AN ORDINANCE ABANDONING AND CLOSING THAT PORTION OF LINCOLN STREET LYING BETGVEEN THE EAST BOUNDARY LIME OF CORWIN STREET AND THE WEST BOUNDARY LINE OF CLAY STREET, ABANDONING AND CLOSING THAT PORTION OF CALHOUN STREET LYING BEAgEEN THE NORTH BOUNDARY LINE OF WICHITA STREET AND THE SOUTH BOUNDARY LINE OF CAROLINE STREET; ABANDONING AND CLOSING THAT PORTION OF WEBSTER STREET LYING BETWEEN THE NORTH BANK OF TIE BIG WICHITA RIVER AND TIE SOUTH BOTUITDARY LINE OF CAROLINE STREET; AND ABANDONING AND CLOSING ALL THE ALLEYS LOCATED IN BLOCKS 65, 662 67, 70, 71, and 72 OF THE ORIGINAL TOgNSITE OF THE CITY OF WICHITA FALLS, AND RETAINING AN EASEI NT. 939 ` Moved by AldermanTiomas that the above and foregoing Ordinance No. 1551 be approved and passed as read. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Action on the proposal to remove She_opard Air Force Base from the City Limits was deferred for further study. Moved by Alderman Parish that Mayor Harold Jones be authorized to sign a water main contract for and on behalf of the City of Wichita Falls, with Morning- a side Estates in amount of $8884.243 said amount to be paid to Morningside Estates at 33 1/3 percent of revenue derived from metered water, pa;;nnent to be made each year on September 1st3 payments to continue 15 years unless full amount is paid in less time. Motion seconded by Alderman Ray and carried. No action was taken on a request by Temple Abernathy for a right-of-way easement across property belonging to City of Wichita Falls, adjacent, to the Secondary Reservoir. Moved by Alderman Parish that the request of Wichita City Lines., Inc. to install two - 5000 gal. underground gasoline storage tanks, 23 feet in a north- easterly direction from the Railroad track on the south of their garage building and approximately 19 feet west from their Kemp Blvd property line on the East, approximately 64 £t. south from their garage, be approved, provided the same are installed under the supervision of the City Engineer. Motion seconded by Alderman Brown and carried. ORDINANCE NO. 1552 AN ORDINANCE AMENDING ORDINANCE NO. 1518 MAKING IT UNLAWFUL HEREAFTER FOR ANY PERSON, OPERATOR, OUTER, OR LESSEE OF AITY AUTOMOBILE FOR HIRE OPERATING WITHIN THE CITY OF WIC_ITA FALLS , TE kS, � P?D DEFINING THE WORD "CRUISE", AND PROVIDING A PENALTY THEREFORE AND DECLARING AN EIIERGENCY. Moved by Alderman Putman that Ordnance No. 1552 be approved and passed as read on its first reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen T'ilomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Putman that the rules be suspended, that an emergency be declared, and. that Ordinance No. 1552 be placed for a second reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Ray that Ordinance No. 1552 be approved and passed as read on its second reading. Motion seconded by Aldermm Thomas and carried by the following vote: Yeas: Aldermen Thomas, Parish, Ray, Putman and Brown. Nays: None. Moved by Alderman Thomas that Ordinance No. 1552 be approved and passed 940 as read on its third and final readingp and declaring an emergency. Motion seconded by Alderman Putman and carried by the following vote: Yeas: Aldermen Thomasp Parish, Rayp Putman a_nd Brown. Nays: None. ORDINANCE NO. 1553 AN ORDINANCE CREATINu AND FIXING FIRE LANES ON BOTH SIDES OF TWENTY SECOND STREET BETWEEN TIE INTERSECTIONS OF T'vJE?ITY SECOND STREET AT GRACE STREET AND THE INTERSECTION OF SAID STREET WITH HOLLIDAY STREET; PROHIBITING TFE PARKING OF ANY AND ALL VEHICLES IN SUCH FIRE LANE AND PROVIDING A PENALTY FOR VIOLATION. Moved by Alderman Ray that Ordinance No. 1553 be approved and passed as read. Potion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Thomas, Parish, RaypPutman and Brown. Nays: None. No action was taken on the proposed re-routing of buses from Scott Street onto Indiana Avenue. The Minutes of t.L rt gilar nceting held February 12., 1951.1 were read and approved as read. Moved by Alderman Ray that the meeting be adjourned. Motion seconded by Alderman. Brown and carried. The Board of Aldermen then adjourned. 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