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Min 01/20/197672 Wichita Falls, Texas Memorial Auditorium Building January 20, 1976 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 9:00 o'clock A.M. , with the following members present: J. C. Boyd, Jr.Mayor Hardy McAlister X Dr. Guillermo Garcia X Bill E. Gowan X Aldermen Joe N. Prothro X Peggy McCullough X Gerald Fox City Manager Gary Southard Asst. City Attorney Wilma J. Thomas Deputy City Clerk Lonny Morrison Absent The invocation was given by Dr. Bill Pinson, Minister of First Baptist Church. Item 3 Moved by Alderwoman McCullough that minutes of the meeting held January 6, 1976, be approved. Motion seconded by Alderman Garcia, and carried unanimously. Item 4a Consideration was given to ordinances concerning zoning of sales of alcoholic beverages. Alderman Prothro requested an explanation of the changes proposed in measuring distance from a licensed premise to a church, school, or hospital. The City Manager explained the method of measurement. Assistant City Attorney Gary Southard cited the Penal Auxiliary Laws established in 1974. Alderman Gowan noted that if we have the right to limit sale of wine and beer, we have the right to make it more stringent. He feels there is no conflict. A proposed ordinance was presented defining restaurant, requiring a quarterly statement, and providing a penalty if it is not filed or if it is not in conformance. ORDINANCE NO. 3045 ORDINANCE AMENDING SECTION 4-11 OF THE CODE OF ORDINANCES, DEFINING RESTAURANT" IN REGARD TO THE SALE OF ALCOHOLIC BEVERAGES Moved by Alderwoman McCullough that Ordinance No. 3045 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None Clyde Fillmore appeared representing Jiffy Food Stores and the French Quarters. He feels that changing the wording of the ordinance concerning measurement could bring problems and litigation, and a question of the con- stitutionality of it. Lynn Darden, 2100 Berkley, appeared as a citizen of Wichita Falls. He is also a member of the Texas Department of Mental Health and Mental Retardation. He stated that one-third of the admissions to the State Hospital are as a result 73 Item 4a cont'd. of alcoholic beverages. Citizens have already spoken by the ballot on the sale of alcoholic beverages. Any relaxation of this Board will result in this product becoming more acceptable to the citizens. He requested that the Council consider public health factors of the citizens of this city. Regarding distance, he would request that the Council draw an ordinance that the public can read and understand. James Logan, Box 161, Midwestern State University, believes that limitations placed on these establishments cut down on the character of them in the Downtown 2000 Project. He stated that the middle class is prohibited from enjoying good restaurants and fine wines. He feels this request is made to prevent the growth of this area. Buford Rice, 3709 Sheridan Road, appeared representing two chains of convenience stores and liquor stores. If this is passed by the Board of Aldermen, there is no zone left. We only became wet by about 54 votes. This could jeopardize our position and put them out of business if the zone is extended. Donald Terry, 4500 Nassau, feels this is a reasonable distance, but feels the same restriction should also apply to single family and duplex residences. Discussion was held on this matter, but was not approved. ORDINANCE NO. 3046 ORDINANCE AMENDING SECTION 4-24 OF THE CODE OF ORDINANCES, WHICH PROHIBITS THE SALE OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF CHURCHES, SCHOOLS AND HOSPITALS. Moved by Alderman McAlister that Ordinance No. 3046 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Gowan, Prothro, and McCullough Nays : Alderman Garcia A proposal was presented to make no change in the ordinances regulating sales of alcoholic beverages. No motion was made. Mayor Boyd stated that the greatest preponderence of the testimony given previously would indicate that this is the way the greatest number of people want it. Alderman Gowan could not participate because of a conflict of interest. ORDINANCE NO. 3047 ORDINANCE AMENDING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES TO ENLARGE THE AREA WITHIN WHICH SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS IS ALLOWED. Moved by Alderwoman McCullough that Ordinance No. 3047 be passed. Motion seconded by Alderman Garcia. Alderman McAlister questioned whether the word ''sign" confers the intention of the meaning of it. He was not in favor of allowing any advertisement by any media. The City Manager questioned the council 's authority to restrict this. It was intended to mean signs on premises. Moved by Alderman McAlister that an amendment be made to eliminate the words "on any sign" in the text of the Ordinance. Motion seconded by Alderman Prothro, and failed by the following vote: Ayes : Mayor Boyd, Aldermen McAlister and Prothro Nays : Aldermen Garcia and McCullough (Alderman Gowan could not vote) The original motion for passage of Ordinance No. 3047 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Prothro, and McCullough Nays : None (Alderman Gowan did not participate in the discussion nor vote because of a conflict of interest) 74 Item 4a, cont'd. Discussion was held on a proposed ordinance to provide additional areas for sale of alcoholic beverages for off-premise consumption in grocery stores . Alder- man Garcia statedthat instructions were to include all the streets marked in yellow on the map, and this was not done. Also, many of these grocery stores are now selling gasoline. It is very difficult to set up a limit of 70 percent of food only. Clyde Fillmore spoke in favor of including various streets in the ordinance, and against the 70 percent requirement for foodstuffs. He also felt the public is entitled to notification on one sign outside the building that beer is sold. Moved by Alderman McAlister that the Council proceed with discussion on the issue with the intent to broaden the present liquor zone ordinance. Motion seconded by Alderman Garcia. Alderwoman McCullough stated that she desires to consider each street and section separately. J. I. Ginnings, 5201 Lake Park Drive, opposed enlargement of the present liquor zoning area, not on a moral issue, but on an economic basis. Any ex- pansion is for the purpose of increasing consumption and sales. Increasing the area increases the advertisement. This entices consumption. Increased exposure is another form of advertising. Increased availability increases consumption. Is this in the public interest? Attorney Darden stated that 30 percent of the admissions to the State Hospital are alcohol related. On traffic accidents , 50 percent of the deaths are alcohol related. There was an article in last night's paper regarding teenage drinking. When you apply dollars and cents in lost earnings, etc. , the cost is staggering. Consider the public good. Is it enhanced by what you propose to do or is it a convenience to the selected few? The public good on a strictly economic basis is in favor of no increase. The downtown area became deteriorated after those bars were in the downtown area. He is not in favor of increasing it. He was disappointed that the Council chose not to vote on the proposal of the Mayor to not change it. The preponderence of public opinion should be considered. Alderman McAlister stated that the way he interpreted Mayor Boyd 's proposal was an all or nothing proposal. He does not feel this matter is an all or nothing. He is in favor of the restaurants. This present proposal is not in the interest of the public. Bonnie Pinson spoke in opposition to this proposal as a mother. She requested that this area not be enlarged , and to consider it from the standpoint of a parent. The motion to proceed with discussion to broaden the present liquor zone ordinance failed by the following vote: Ayes : Aldermen Garcia and McCullough Nays : Mayor Boyd, Aldermen McAlister, Gowan, and Prothro Fred Louder and James Logan requested further consideration. Mr. Lowder stated that it seems inconsistent for this Council to take the position of allowing alcoholic beverages in any restaurant for on-premise consumption, and not take any action for off-premise consumption in commercial areas. Alderman Gowan stated that he feels somewhat like Alderman McAlister. The people were not really complaining about restaurant sales, but they did not want any extension of off-premise licenses. If this is inconsistent, so be it. Aldermen Garcia and McCullough desired to consider it further. Dr. Terry, J. I. Ginnings, Bobby Buchanan, and Dr. Pinson all appeared in opposition. Mr. Ginnings pointed out that the Council has heard a broad group of people. If the request is reconsidered, it will be on the basis of essentially one man. Dr. Pinson also pointed out that a great number of people left the Council room thinking the decision had been made. He urged them not to do anything now. Moved by Alderman Prothro that this subject be tabled. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Boyd, Aldermen McAlister, Gowan, and Prothro Nays: Aldermen Garcia and McCullough 75 Item 5a A proposed ordinance was presented accepting improvements on 1975 Assessment Paving Program. ORDINANCE NO. 3048 ORDINANCE ACCEPTING IMPROVEMENTS OF FOUR (4) UNITS OF THE 1975 ASSESSMENT mwPAVINGPROGRAMINTHECITYOFWICHITAFALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2970; DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderwoman McCullough that Ordinance No. 3048 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen Garcia, Gowan, Prothro, and McCullough Nays: None (Alderman McAlister was out of the room) Item 5b A proposed ordinance was presented establishing school speed zones in certain locations. ORDINANCE NO. 3049 AN ORDINANCE AMENDING SECTION 29-91.1 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS , ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS AT CERTAIN TIMES IN CERTAIN ZONES, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 3049 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None Item 6a A proposed resolution was presented approving appraisals on Kell Freeway Project. RESOLUTION NO. 1756 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway Department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are as follows : 76 Item 6a cont'd. Kell Freeway Project 52-380 Warranty Deed 66.5 s.f. of Lot 13, Block 6 West Side Addition to Highland Addn. 1.457 s.f. of Lot 4, Block 9 Bateson Second Addition 1913 s.f. of Lots 5 & 6, Block 9 Bateson 2nd. Addition 1440 s.f. of Lots 7 & 8, Block 9 Bateson 2nd. Addition Combined total of values approved in this resolution 2,218.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls , by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized prices to be paid for such tracts are State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. Section No. 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls . Moved by Alderman McAlister that Resolution No. 1757 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None (Alderwoman McCullough was out of the room) Item 6b A proposed resolution was presented authorizing a lease with Community Action Corporation for facilities located at 602 Broad Street. RESOLUTION NO. 1757 RESOLUTION APPROVING LEASE TO COMMUNITY ACTION CORPORATION OF PROPERTY LOCATED AT 602 BROAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Community Action Corporation of Wichita Falls and North Texas Area, in which the City leases to Community Action Corporation property situated at 602 Broad Street in Wichita Falls, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1757 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None (Alderwoman McCullough was out of the room) 77 Item 6c A proposed resolution was presented approving an agreement with Community Action Corporation to provide delivery of Social Services. RESOLUTION NO. 1758 RESOLUTION APPROVING AGREEMENTS WITH COMMUNITY ACTION CORPORATION AND CITY OF WICHITA FALLS TO PROVIDE FOR DELIVERY OF SOCIAL SERVICES IN WICHITA FALLS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Agreements between the City of Wichita Falls and Community Action Corporation of Wichita Falls and North Texas Area have been entered into providing for delivery of Social Services in the City of Wichita Falls. Copies of these agreements are attached hereto. The agreements are hereby approved and the City Manager is authorized to execute these agreements with the Community Action Corporation of Wichita Falls and North Texas Area to implement the delivery of Social Services programs in the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1758 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None Alderman Gowan requested that the City Manager report back to the Council after the first quarterly reporting period as to what it shows. The City Manager stated that he would provide them with the quarterly report. Item 6d A proposed resolution was presented appointing a new Court Reporter. RESOLUTION NO. 1759 RESOLUTION APPOINTING RHODA WHATLEY OFFICIAL SHORTHAND REPORTER FOR THE MUNICIPAL COURT WHEREAS, heretofore the Board of Aldermen appointed Warren L. Griffin official shorthand reporter for the Municipal Court of the City of Wichita Falls, and Mr. Griffin has now resigned from this position. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. Rhoda Whatley is hereby appointed official shorthand reporter for the Municipal Court of the City of Wichita Falls, and she shall hold such office at the pleasure of the Board of Aldermen of the City. SECTION 2. The appointment of Warren L. Griffin is hereby terminated. Moved by Alderman Prothro that Resolution No. 1759 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None Moved by Alderman Prothro that Guy McNeely be appointed as substitute municipal judge. Motion seconded by Alderman Garcia, and carried unanimously. 78 Item 6e A proposed resolution was presented authorizing the City Manager to execute advertising sign leases with Cardinal Inn, Holiday Inns , and Trade Winds for displaying of signs at Municipal Airport. RESOLUTION NO. 1760 RESOLUTION APPROVING AGREEMENTS WITH CARDINAL INN, HOLIDAY INNS, AND TRADE WINDS FOR ADVERTISING SIGNS IN AIRPORT TERMINAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The three lease agreements, copies of which are attached hereto, between the City of Wichita Falls and Cardinal Inn, Holiday Inns, and Trade Winds Motor Hotel, authorizing the displaying of advertising signs in the claim bag area of the Airport Terminal Building, are hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Mayor Boyd that Resolution No. 1760 be passed, and that the fee in the lease be changed from $20.00 to $25.00 per month. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Mayor Boyd, Aldermen Garcia, Gowan, and Prothro Nays: Aldermen McAlister and McCullough Item 7a Bids were considered on an estimated annual supply of automotive storage batteries. It was recommended that the low bid be awarded to Batteries Unlimited, Inc. , in the amount of $5 ,921.06. Moved by Alderman Prothro that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. Item 7b Bids were considered on an estimated annual supply of tires and tubes. It was recommended that the low bid be awarded to Gulley Tire Company in the amount of $64,528.39. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7c Bids were considered on Audio/Video equipment for the Police Department. V The low bid of Wholesale Electronic Supply Company in the amount of $12,966.32 exceeded the authorized grant funds by $469.32. It was recommended that the low bid be approved, and that the City contribute the $469.32 from the Police Department budget. Moved by Alderman Prothro that the bid be awarded as recommended , and that the City contribute the amount requested. Motion seconded by Alderman Garcia, and carried unanimously. Item 8a Permission was requested to advertise for bids for an estimated annual supply of the following vector control chemicals for the Health Department. 79 Item 8a, cont'd. a. 1,000-2,000 gallons Malathion Concentrate 95% b. 200 gallons Malathion 57% Emulsifiable Liquid c. 75-100 gallons Dursban M d. 5,000-10,000 pounds Sevin 10% Carbaryl Dust e. 25,000-50,000 pounds Malathion 5% Dust Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 8b Permission was requested to advertise for bids for an estimated annual supply of linen service for various city departments. AM Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. Item 8c Permission was requested to advertise for bids for asphaltic overlay at Weeks Park Tennis Center. Moved by Alderwoman McCullough that authority be granted to advertise for bids as requested. Motion seconded by Alderman Prothro, and carried unanimously. Iv Item 8d Permission was requested to advertise for bids for color coating on Weeks Park Tennis Center. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. Item 9 Moved by Alderman Garcia that minutes of the meetings of the following boards and commissions be received. a. Board of Electrical Examiners - January 5 , 1976 b. Bicentennial Commission - December 9, 1975 c. Traffic Commission - January 13, 1976 d. Aviation Advisory Board - December 12, 1975 and January 14, 1976 Motion seconded by Alderman Prothro, and carried unanimously. Item l0a AM, Consideration was given to the request of Continental Airlines to the Civil Aeronautics Board for temporary suspension of service, and approval of contract with Rio Airways for their airline service here. The City Manager explained that Continental has suffered large financial losses on the Midland-Odessa, Lubbock, Wichita Falls, Lawton, Oklahoma City, and Tulsa route. They have filed a substitution of service only. It was the feeling of Alderman Prothro that if this substitution request is not granted, then they may request from the CAB that their entire route be discontinued. 80 Item 10a, cont'd. RESOLUTION NO. 1761 RESOLUTION SUPPORTING APPLICATION BY CONTINENTAL AIR LINES, INC. BEFORE THE CIVIL AERONAUTICS BOARD FOR TEMPORARY SUSPENSION OF SERVICE AND APPROVAL OF AGREEMENT WITH RIO AIRWAYS FOR SUBSTITUTE SERVICE. WHEREAS, Continental Air Lines , Inc. has filed an application with the Civil Aeronautics Board for temporary suspension for five years of Continental's service over Segment 3 of Route 29, and for approval of an agreement between Continental and Rio Airways , Inc. under which Rio would provide service over such Segment 3 for the term of Continental's suspension, which application has been assigned CAB Docket No. 28744; and , WHEREAS, such application was filed January 12th, 1976, and any interested person may file an answer in opposition to, or in support of, such application by February 2nd , 1976; and, WHEREAS, the Aviation Advisory Board for the City of Wichita Falls has considered this matter, and has recommended that the Board of Aldermen support Continental's application, which recommendation has been concurred in by the City staff; and, WHEREAS, it appears to the Board of Aldermen that the public interest will be best served if such application by Continental is granted ; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen supports the application of Continental Air Lines , Inc. filed on January 12th, 1976 with the Civil Aeronautics Board in Docket No. 28744, and the City Manager is authorized to notify the Civil Aeronautics Board of this action. Moved by Alderman Prothro that Resolution No. 1761 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None A one-hour recess was called for lunch and the meeting resumed at 1:00 P.M. v Item lOb Results of the election held January 17, 1976, were canvassed. RESOLUTION NO. 1762 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL REFERENDUM ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON JANUARY 17TH, 1976 ON THE PROPOSED SWIMMING POOLS IN KIWANIS PARK AND JALONIC PARK AND ON THE OFFICE OF DIRECTOR OF PUBLIC SAFETY WHEREAS, at the regular meeting of the Board of Aldermen on the City of Wichita Falls on January 20th, 1976, came on to be considered the returns of the municipal referendum election held on January 17th, 1976, on Ordinance No. 3022, which appropriated five hundred twenty-five thousand dollars ($525,000.00) out of the Revenue Sharing Trust Fund for construction of a fifty meter swimming pool in Kiwanis Park and a twenty-five yard swimming pool in Jalonic Park, and on Ordinance No. 1703 (codified as Sections 2-51 through 2-54 of the Code of Ordinances) , which created the City office of Director of Public Safety; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects , and that 7238 voters voted in said election; and that, 1732 votes were cast for, and 5471 votes were cast against, Ordinance No. 3022 concerning construction of the swimming pools ; and , 1851 votes were cast for, and 5314 votes were cast against, Ordinance No. 1703, creating the office of Director of Public Safety. 81 Item 10b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: SECTION 1. Said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. SECTION 2. Said Ordinance No. 3022 is repealed. Aft SECTION 3. Said Ordinance No. 1703 (codified as Sections 2-51 through 2-54 of the Code of Ordinances) is repealed. Moved by Alderman Gowan that Resolution No. 1762 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None Regarding the Mayor's efforts to combat voter apathy, Alderman McAlister stated that he was generally pleased with the voter turnout, and was surprised to see that we had as many as we did on Saturday. He requested that the Deputy City Clerk make a comparison of the voters in each precinct, and the percentage of voters who voted. Mayor Boyd stated that everything that Roy Parish had done was perfectly legal, and is a part of the democratic process. He commended those persons who either signed or worked on them. When the Council misjudges the citizens they are to be commended for their efforts. City Manager Gerald Fox requested that Paul Yeager be retained for at least 30 days at the same salary to provide for an orderly and smooth transition of those duties which he had been performing. Moved by Alderman Prothro that the City Manager be authorized to retain Paul Yeager for a period not to exceed 30 days in order to make an orderly transition of the duties to other city departments. Motion seconded by Alderwoman McCullough, and carried unanimously. ORDINANCE NO. 3050 AN ORDINANCE AMENDING SECTION 2-3, 2-51 THRU 2-54 AND SECTION 15-97 AND ADDING SECTION 2-92 THRU 2-94 OF THE CODE OF ORDINANCES DELETING THE DIRECTOR AND DEPARTMENT OF PUBLIC SAFETY AND CREATING SEVERAL DEPARTMENTS. Moved by Alderman Garcia that Ordinance No. 3050 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None A motion was made by Alderman Garcia that the salaries of the Police and Fire Chiefs each be raised $200 per month beginning February 1. There was not a second to the motion. Alderman McAlister stated that it seems this is one area in which the Council could do as Dr. Garcia suggested, but it seems that it should be handled by Mr. Fox. Specific salary ranges were not gone into for any specific group when they approved the budget. He feels it would be inappropriate on their part to do anything at this time. Alderwoman McCullough felt they would need more information at hand before they could do anything. Alderman Prothro stated that he feels the City Manager should make a recommendation to the Council as to the reporting of these positions , and that it should be done by next meeting, The City Manager stated that the only role the Council has is appropriating money for any new positions which they may authorize. 82 Item 10b, coned. Alderman Prothro mentioned an article which had appeared in the paper concerning keeping Mr. Yeager on the payroll in another position. He stated that this was not factual, and extremely unfair to the Manager and Council. Alderman Gowan concurred. Item 10c Consideration was given to the possibility of a joint city-school election to be held on April 3, 1976. The City Manager requested authority to proceed with discussions with school officials on holding a joint city-school election. It was felt this would be in the best interest of taxpayers in both jurisdictions. Alderwoman McCullough was in agreement with this proposal. Moved by Alderman Garcia that the City Manager be authorized to proceed with working out the details of holding a joint election with the school in April. Motion seconded by Alderman Prothro, and carried unanimously. Item 10d A report was presented by Joe Prothro from the Council Committee regarding City Clerk duties , responsibilities, and recruitment. They have attempted to apportion those duties between accounting and finance functions. They have recommended that the offices of City Clerk and Finance be separated physically. He feels the qualifications are not sufficient to that which is needed today. They are recommending a CPA, with a salary range equivalent to that of the City Attorney, along with fringe benefits. One local application has been received, and in addition they have advertised in the Journal of Accountancy for anyone interested to send a resume to them. There were no disagreements between he and Lonny Morrison on items of the report. He stated that he would be willing to delete the recouuuendation on the Data Processing Department. At the time they recommended this they thought it was under the direction of the Director of Finance, but it is under the Assistant City Manager. Moved by Alderman Prothro that the Council accept the report as written, with the exception that Item No. 3 in the auditor's report be deleted, and Item 2 under Director of Finance, and Item 7 under Chief Accounting Officer be deferred until the next Council meeting so that it can be discussed with the auditor and Alderman Morrison. Motion seconded by Alderman Gowan, and carried unanimously. Item 10e Discussion was held on charter revision priorities and appointment of charter revision committee. Alderman Gowan named Judge Walter Friberg, a former city attorney, to serve on the committee. Others previously named are Leo Sabota, John Copeland, Margaret Sims, Gary Southard, ex officio, and himself. Alderwoman McCullough suggested that a nominal salary for city council members be considered by the charter coumdssion. Moved by Alderman McAlister that this group of people be appointed to a permanent Charter Revision Commission. Motion seconded by Alderman Garcia, and carried unanimously. Alderman Gowan suggested that we take care of the areas which are giving us the most problems , such as City Clerk and election provision areas. Alderman McAlister feels the first priority should be the provisions which have been superceded by state law. He feels it should be well explained to the public in terms which they can understand. It was suggested that a committee of the Bar Association and Association of CPA's review the suggestions made by this committee to see if there are problems they cannot see. 83 Item 10e, cont'd. Moved by Alderman Gowan that the Bar Association and Association of CPA's each be requested to make available a committee of their members to review and comment upon the work of the Charter Revision Committee. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10f Discussion was held of the rate adjustment clause in the Lone Star Gas rate ordinance. The City Manager gave a report on the recent rate change. In addition to the basic rate schedule, they also have a gas cost adjustment clause. This is based on the average weighted cost of gas. Lone Star can pass on this adjust- ment to customers ten days after the date of filing the certified statement. Total bill is not only based on the adjustment rate, but on what the customer consumes. People here used almost twice as much gas in December as they did in November. He feels we should not consider a delay further than the Railroad Commission has authorized. Mr. David Lyles of Lone Star Gas Company, stated that they began to realize in 1969 that there was a need for a gas adjustment clause. He mentioned absorbed costs by Lone Star amounted to 4.5 million in 1973. In 1974 it had increased to 18 million, and in 1975 to 26 million dollars. They reached a point where they could not be competitive in the purchase of gas. They requested the Railroad Commission to permit them to flow through 100 percent of the increased cost of gas. They were permitted to pass on 85 percent of it. The price that Lone Star pays represents 71 percent of the total operating costs. By June 1976 their weighted average cost of gas will be $1.04 per cubic feet, compared with 89 cents for the month of January 1975. It is expected to be $1.30 by 1977. By December 1976 they will have to pay Lo Vaca $2.14. He mentioned out of period adjustments which they have to take into consideration. Mayor Boyd inquired why bills have doubled and tripled between November and December. Mr. Lyles stated that if the percentage has increased more than 50 percent then it has to be more consumption in Texas. Volume of gas is the only true comparison. Mrs. Jack Holcomb and Mr. Hansen appeared regarding their gas bills. The Council requested an analysis of each of their bills by Mr. Lyles. Beth Allen, Executive Director of the YWCA, appeared with concern for our elderly people on a fixed income who cannot afford to pay these exhorbitant prices over and over. ORDINANCE NO. 3051 ORDINANCE AMENDING ORDINANCE NO. 3003, WHICH FIXED THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WICHITA FALLS, TO DELAY THE TIME WHEN A GAS COST ADJUSTMENT WILL BE BILLED, TO PROVIDE FOR A REPORT OF ESTIMATED PROJECTED PURCHASE GAS COST, AND TO PROVIDE FOR REVIEW AND SUSPENSION OF GAS COST ADJUSTMENT BILLING. Moved by Alderman McAlister that Ordinance No. 3051 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister Garcia Gowan, Prothro, and McCullough Nays : None Item 10g Alderwoman McCullough requested the City Manager to contact Southwest Airlines for a possible route to Wichita Falls. She also gave a report on the Mayor 's Commission on the Status of Women, and the career day in the high schools. a She requested that the Council consider a minimal appropriation of $500 for this Commission. It was pointed out that other boards and commissions have other departments. 84 Item lOg cont'd. This could be placed in the budget of the Mayor and Board of Aldermen. Alderman McAlister requested that the Planning Board explore some type of limited zoning in the downtown area for certain establishments. Mayor Boyd requested that the policy on expenses for Mayor and Board of Aldermen be placed in resolution form. Mayor Boyd mentioned a letter he had received regarding garbage litter. It was pointed out that wind and loose dogs contribute to this. Alderman McAlister stated that he believes the people we have employed are doing the best they can most of the time. The Board of Aldermen adjourned at 4:25 P.M. PASSED AND APPROVED this day of "" Z L c t lr L, , 1976. 7/7 Mayor ATTEST: Deputy City Clerk THE STATE OF TEXAS X COUNTY OF WICHITA X LEASE AGREEMENT This lease made and entered into this the day of January, 1976 , by and between the City of Wichita Falls , Texas , hereinafter called Lessor, and the Community Action Corporation of Wichita Falls and North Texas Area, hereinafter called Lessee , WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1 . Lessor hereby leases to Lessee the following described property situated in Wichita Falls , Wichita County, Texas , to-wit : All of Lot J and Lot I and the East 40 . 5 ' of Lot H of Huff' s Subdivision of Lot 1 , Block 245 of the Original Town of Wichita Falls , according to the plats of record in the office of the County Clerk, Wichita County, Texas , and being the property on which the old Wichita Health Unit is located. 2 . The term of this lease shall be for twelve (12) months , commencing on February 1 , 1976 and extending to February 1 , 1977 . At the conclusion of the original term of this lease , Lessee shall have four options to extend this lease for additional periods of one year each. Each year that Lessee desires to exercise its option for an additional one year period, it shall notify the Lessor in writing no less than thirty (30) days prior to February 1st of that year. In the event Lessee chooses not to exercise any of the options , this lease and all future options shall terminate . 3 . The rental for this property shall be the sum of Six Hundred ($600 . 00) Dollars per month. However , Lessee shall actually pay no cash rental to Lessor; this amount shall be con- sidered an "in-kind" contribution by Lessor to Lessee. 4 . Lessee will be fully responsible for all maintenance of the structure and grounds as well as repairs inside and outside the structure . Before the Lessee makes any improvements and repairs to the structure , it shall review such improvements and repairs with the Lessor ' s City Manager and obtain his approval for them. 5 . Lessee shall be responsible to pay for all utilities and janitorial services for the building and grounds . 6. It is agreed that employees of Lessee shall not be allowed to use the parking facilities on the west side of the Memorial Auditorium; parking for employees of Lessee shall be accomplished both on Broad Street adjacent to the leased premises or on the leased premises themselves . 7 . Lessor reserves unto itself the exclusive right to use the large store room at the west end of the building on the leased premises . 8 . At the termination of this lease , Lessee shall deli- ver up the premises to Lessor in as good condition as they were at the beginning of the lease , reasonable wear and tear excepted. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed as of the date written above . CITY OF WICHITA FALLS , TEXAS By Gerald G . Fox , City Manager ATTEST: City Clerk COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA By Chairman of its Board of Directors ATTEST: Secretary AGREEMENT This agreement entered into this day of 1976, between the City of Wichita Falls, Texas ("City") and Community Action Corporation of Wichita Falls and North Texas Area ("CAC") is for the purpose of providing funds for social services in the City of Wichita Falls. WITNESSETH: That the City and CAC have and do agree as follows: 1. The City will reimburse CAC for costs in providing Social Services Delivery up to a maximum of $18,000 during a two year period of time. After the effective date of this contract, an initial payment of $2,250 will be made upon the effective date of this contract, and 2,250 quarterly in advance thereafter. 2. The funding received from the City of Wichita Falls will be utilized by CAC to mobilize additional resources by making application for financial assistance to other funding sources. 3. The CAC will provide the City with a quarterly report showing the status and accomplishments of the Social Services programs which the funds, provided by this agreement, support. The CAC will also provide the City with a report showing the expenditures of the monies provided by this agreement. 4. The City will monitor and review the reports provided in Section three (3) of this agreement, prior to making such payments as agreed under this agreement. CITY OF WICHITA FALLS BY: ATTEST COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA BY: ATTEST P,y c" A G R E E M E N T THIS AGREEMENT entered into this day of 1976, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Mrs. Rudolf Tous D/B/A The Cardinal Inn Motel of Wichita Falls, hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 1st. day of February, 1976, and ending on the 31st day of January, 1977. Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or,the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in any other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other cov- enant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: BY: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, Deputy City Clerk LESSEE: BY: APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney 1 /-."r A G R E E M E N T THIS AGREEMENT entered into this day of 1976, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Horizon Corporation D/B/A Trade Winds Motor Hotel of Wichita Falls, hereinafter called Lessee. W I T N E S SETH : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 1st. day of February, 1976, and ending on the 31st day of January, 1977. Lessee shall have an option to renew such lease for two (2) successive one (1) t year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. a s IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in any other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other cov- enant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: BY: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, Deputy City Clerk LESSEE: BY: APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney A G R E E M E N T THIS AGREEMENT entered into this day of 1976, between the City of Wichita Falls, Texas, hereinafter called Lessor, and The Holiday Inns, Inc. , through its subsidiary, Inn Operations, Inc. , hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: d I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 1st. day of February, 1976, and ending on the 31st day of January, 1977. Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein a total amount of Twenty-Five and No/l00 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or,the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in any other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other cov- enant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2- r IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: BY: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, Deputy City Clerk LESSEE: BY: 1 APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney