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Min 08/03/1976192 Wichita Falls , Texas Memorial Auditorium Building August 3, 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 8:30 o'clock A.M. , with the following members present: J. C. Boyd , Jr. Mayor Hardy McAlister X Dr. Guillermo Garcia X Ray Ashbrook X Aldermen W. E. Ryle X Jerry F. Mathis Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk Bill E. Gowan Absent The invocation was given by Ned Hollandsworth, Fain Memorial Presbyterian Church. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held July 6, 1976, be approved. Motion seconded by Alderman Mathis, and carried unanimously. Alderman Ryle questioned the way we pave our alleys, in that by putting up the required amount of money, some owners are able to force others to pay the cost of paving the alley. City Attorney H. P. Hodge explained that a different method of assessment is used in alley paving as opposed to street paving. It was felt that paved alleys would improve our solid waste collection system, and would also improve the life of the equipment used. It would be proper to charge this type of cost for the service. Alderman Ryle was concerned that one property owner could force others to pay without a hearing. City Attorney H. P. Hodge stated that he feels it would be well for us to change our program to the extent that we notify all owners in advance. The City Manager pointed out that the letters we send out do not mention a hearing because it would give the appearance of assessment paving. After they receive the letter they would have an opportunity to voice any opinions they may have. Alderman Ryle stated that he would go along with this procedure for a 30-day notice. Ernest Lillard stated that notices are being sent out to everyone now. This was not done in the past. Item 4a Charles Hammett, of the Engineering Department, was honored as Employee of the Month. Mayor Boyd presented him with a plaque, along with tickets to a movie, and a dinner. v' Item 4b David Liles, Regional Manager of Lone Star Gas Company, presented a request for a rate increase. He requested an 8 percent return on the fair value of property. This is the rate of return the Railroad Commission found was necessary to enable Lone Star Gas to attract sufficient capital to meet its demands for services, maintain and operate its properties and plant, discharge its public duties, and to provide a fair return for the investors in its securities. Moved by Alderman Ryle that this data be transmitted to the City Manager and his staff for consideration, and that it be presented to the Council at the next meeting or within the 60-day period authorized. Motion seconded by Alderman Ashbrook, and carried unanimously. 193 Item 5a r% e A proposed appropriation ordinance was presented for tennis courts at Lamar School. Revenue Sharing funds would be used. ORDINANCE NO. 3101 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3101 be passed. Motion seconded by Alderman Garcia and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Item 5b A proposed ordinance was presented reducing a previous appropriation for sanitation containers. ORDINANCE NO. 3102 AN ORDINANCE AMENDING ORDINANCE NO. 3090, TO REDUCE THE APPROPRIATION FOR SANITATION CONTAINERS BY $21,000.00. Moved by Alderman Garcia that Ordinance No. 3102 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None v Item 6a The public hearing was opened on the 1976 Community Development Assessment Paving Program. Gloria (Mrs. Larry) Dicken, 2611 Linden Place, appeared regarding the paving of Buchanan Street. Their property sides on Buchanan, and is the only one with a driveway on it. She stated that they do not want it paved." They have no drainage problems. She also cited financial reasons. City Manager Gerald Fox pointed out that this is a means of accomplishing the goal of paving all unpaved streets in the City. Ernest Lillard stated that it will also provide access to another street in this area, and will reduce the cost of maintenance of an unpaved street. Mrs. Dicken inquired if property owners would be contacted before construction begins in order to make arrangements to pay it out. Mr. Lillard stated that it would be assessed at the time the Council accepts the paving. They will be contacted again following the construction. Jennie Boone, 801 Buchanan, inquired if her assessment is for front or side footage. The City Manager stated that it was front foot. She inquired about Mr. Warman's property, and was told that it was being assessed at both front and side foot rates. She stated that her house faces north. The City Manager explained that the Public Works Department could look into it. 1.- Homer Davis, 1010 Calhoun, stated that the County had installed a hard surface street, and he saw no reason to tear it up and put in another. Ernest Lillard stated that minimal standards were used by the County, and there are other factors also involved here. Myrtle Camp, 700 North Lamar, appeared pertaining the Caroline Street. She stated that they never use the street and it will not do them any good, but Wilson Manufacturing employees use it for parking. Ernest Lillard stated that this street presents one of the greatest maintenance problems which we have in the city. She also noted the drainage problem. She inquired into the method of payment, and the City Manager explained the policy. 194 Item 6a, cont'd. Mrs. Kendall, 512 North Lamar, also inquired concerning Caroline Street,financial arrangements, and parking of Wilson Manufacturing employees on that street. Ed Ilschner stated that a paved street will help them in defining streetboundaries . The Traffic Commission is also addressing this matter of parking. Mary Peters, 1629 Elizabeth, appeared pertaining to Clark Street. She stated that it really needs to be paved, but her problem is also financial. Fannie James, 511 Fort Worth Street, stated that the street is already paved.Ernest Lillard explained that it has a high crown, and they are going to have to curb and gutter it in order to get drainage in place. The property owners are being assessed only for curb and gutter; not the street. Harry Lee Graham, 100 Milliron Street, stated that the paving stops in the middle of his lot, and wonders if he will have to pay for all of it. Ernest Lillard stated that they had not been aware of the other 20 feet, but they will work with him, and get it on down to the end of the street. Erma Lane appeared regarding 1200, 1202, and 1204 North First Street. She stated that finances are the first problem, but there is also a drainage problem in that area which needs to be taken care of before paving is done. Ernest Lillard stated that this paving will assist in helping the drainage problem in this area. C. H. Garrett appeared for the Pentecostal Church at 1211 North Second. He stated they are in favor of the paving, and can take care of the finances. David Odom appeared for the North Side Baptist Church at 1220 North Second. He stated that they do not have any entrance on North Second, but are being assessed front foot rates. He stated that they had already paid front foot rates on two occasions. Ernest Lillard stated that they were assessed front foot rates in 1966 on two side lots. Moved by Alderman Ryle that the side lot rate be applied to this property. Motion seconded by Alderman Garcia, and carried unanimously. W. E. Elliott, 2001 Wilson, appeared regarding side property on Van Buren Street. He feels this street should have been included in Kell freeway property. There was a section of Keeler Street which the State tied into an existing street for drainage. He inquired if this street could be paved early in order to do away with the dust problem. Ernest Lillard stated that they would work with the contractor to try to speed up the process. Mr. Alex Stansbury, 1213 North First, stated that he could not afford to pay for the paving. Mayor Boyd explained that he could stretch the payments out over an eight-year period. Jack Waggoner, 1911 Wilson, appeared regarding Van Buren Street property. He stated that it is a very dusty street. With the closure of Harrison Street the Highway Department put up barriers , which are inadequate. Drivers move the barriers and go on through. Ernest Lillard stated that they would discuss it with the highway department. Walter Payne, 2000 Keeler, appeared with regard to Van Buren Street, stating that it needs to be paved. The biggest complaint is the cost. He feels the people who are using the street should pay more of the cost, and the property owner should pay less. The City Manager stated that the public is paying $5.00 of the cost, and the property owner is paying $7.00. The property owner receives more benefit from it than the general public. Mr. Payne felt that the City should re-evaluate its policies. The hearing was declared closed. ORDINANCE NO. 3103 ORDINANCE CLOSING HEARING AND LEVING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1976 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH1; ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW 195 Item 6a, cont'd. CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS AND BY FILING THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY; Moved by Alderman McAlister that Ordinance No. 3103 be passed as amended by the change in assessment rate of North Side Baptist Church. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Alderman McAlister mentioned these side streets flowing on to the North frontage road on Kell Freeway when it is presently not that way on the south frontage road. He feels the City should barricade these streets from the frontage road. Until the frontage roads are used for that purpose, we should block off these streets. Ernest Lillard stated that he had been assured that when the need for the main lanes is exhibited, then we will get them. Alderman McAlister stated that money is not available from the State. Ernest Lillard stated that he had been assured otherwise. v Item 6b A proposed ordinance was presented accepting certain streets in the 1975 Reconstruction Program. ORDINANCE NO. 3104 ORDINANCE ACCEPTING IMPROVEMENTS OF THE 1975 RECONSTRUCTION ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2974; DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, 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 Alderman Ryle that Ordinance No. 3104 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Item 6c A proposed ordinance was presented changing certain sidewalk requirements. The change is necessary because of postal requirements for curbside delivery of t T mail on new mail routes. ORDINANCE NO. 3105 ORDINANCE AMENDING SECTION 27-30 (ORDINANCE NO. 2779) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO CHANGE CERTAIN SIDEWALK REQUIREMENTS IN NEW SUBDIVISIONS. Moved by Alderman Ryle that Ordinance No. 3105 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays: None 196 Item 6d l.- A proposed ordinance was presented providing for construction of curb ramps for wheelchairs, in accordance with the Federal-Aid Highway Act of 1973. ORDINANCE NO. 3106 ORDINANCE AMENDING SECTION 27-31 (ORDINANCE NO. 2440) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO REQUIRE CURB RAMPS. Moved by Alderman Ryle that Ordinance No. 3106 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Item 6e l} A proposed ordinance was presented establishing civil service positions in the Fire Department. ORDINANCE NO. 3107 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES, INCREASING BY 1 THE NUMBER OF FIRE LIEUTENANTS, AND DECREASING BY 1 THE NUMBER OF FIRE CAPTAINS. Moved by Alderman McAlister that Ordinance No. 3107 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, and Mathis. Nays : None (Alderman Ryle was out of the room) . Item 6f A proposed ordinance was presented establishing no parking zones on certain streets. (North Kell Frontage Road, Temporary Connection North Kell Frontage Road, and Taft Street from North Kell Frontage Road to Avenue J) . ORDINANCE NO. 3108 AN ORDINANCE AMENDING PARAGRAPHS (c) AND (d) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, i'c ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY Moved by Alderman Ashbrook that Ordinance No. 3108 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None I Item 6g A proposed ordinance was introduced granting a permit to J-A-C Electric Cooperative, Inc. , to provide electric service to certain parts of the City Lake Arrowhead) , and calling a public hearing for September 7, 1976. Approval was also requested of a plea of intervention to the Public Utilities Commission. It was noted that if the permit is granted it would limit their service to the area they are presently serving, plus 200 feet on each side of such existingfacilities. ORDINANCE NO. 3109 AN ORDINANCE GRANTING A PERMIT TO J-A-C ELECTRIC COOPERATIVE, INC. , ITS SUCCESSORS AND ASSIGNS , TO INSTALL, OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS , TEXAS, AN ELECTRIC DISTRIBUTION SYSTEM CONSISTING 197 Item 6g, cont'd. OF WIRES, POLES AND OTHER APPURTENANCES TO INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS ; PROVIDING THE RIGHT TO THE SAID J-A-C ELECTRIC COOPERATIVE, INC. TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE, AND MAINTAIN ITS ELECTRIC DISTRIBUTION SYSTEM; PROVIDING THAT THIS PERMIT DOES NOT CONFER ANY EXCLUSIVE RIGHTS; PROVIDING THAT THIS PERMIT SHALL CONTINUE FOR A TERM OF FORTY (40) YEARS; PROVIDING FOR PAYMENT TO CITY OF THREE PERCENT OF GROSS REVENUES ; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT BY GRANTEE. Moved by Alderman McAlister that Ordinance No. 3109 be introduced, and that a public hearing be held on September 7, 1976. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Moved by Alderman Garcia that authority be granted to submit a plea of intervention to the Public Utility Commission of Texas. Motion seconded by Alderman Ashbrook and carried unanimously. Item 7a was deferred until the end of the meeting. Item 7b A proposed resolution was presented granting permission to lease the concession stand at Spudder Park. Jesse Garcia submitted the highest bid of 15 percent of the gross. RESOLUTION NO. 1840 RESOLUTION AUTHORIZING CONCESSION CONTRACT AT SPUDDER PARK WITH JESSE GARCIA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute with Jesse Garcia a contract for concession rights at Spudder Park for the remainder of the 1976 ball season, for which Mr. Garcia shall pay an amount equal to fifteen percent of his gross sales. Moved by Alderman Garcia that Resolution No. 1840 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Item 7c A proposed resolution was presented authorizing the City Manager to execute A,,, architectural contract with Charles Harper Associates for police station repairs and expansion. RESOLUTION NO. 1841 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHARLES HARPER ASSOCIATES TO DRAW PLANS FOR EXPANSION AND RENOVATION OF THE WICHITA FALLS POLICE STATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager of Wichita Falls is hereby authorized to execute a contract with Charles Harper Associates to draw architectural plans for the expansion and renovation of the Wichita Falls Police Station located at Seventh and Holliday Streets. Moved by Alderman Mathis that Resolution No. 1841 be passed. 198 Item 7c, cont'd. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia , Ashbrook, Ryle, and Mathis. Nays : None Item 8a Bids were received on three 40,000 GVW trucks mounted with 28 CY compaction bodies for the Sanitation Department. Two bids were received, one from EMCO and one from Pak-Mor. The bid from Pak-Mor was delivered to the Purchasing Department approximately five minutes past the deadline for receiving the bids. The bid from EMCO had already been opened, but had not been removed from the envelope. When both bids were read, Pak-Mor had submitted the low bid. Tom Hamilton appeared as an attorney from Plainview, representing EMCO. He stated that he believes there has been a technical violation by the City concerning the notice. Since the bid of EMCO was the only one submitted at the time bids were to be opened, then it should be either accepted or rejected. They wonder if it had been in reverse, would the bid of EMCO have been accepted. He feels procedures were not followed. If the bid is not either accepted or rejected then bid notices should be prepared again and submitted. If the procedure of allowing excuses is started, then they open themselves up for other problems in the future. Preston Cumer, sales representative from EMCO, stated that he did not object to the opening of Pak-Mor's bid because he felt that it was time to take it up later. If he had been late he did not feel that it would have been considered at all. Mr. Hamilton stated that he did not feel it was the position of the persons bidding to object, but it is their responsibility to gettheminattherighttime. City Attorney H. P. Hodge noted that the law states that the Board of Aldermen has the authority to exercise its discretion in this case. The purpose of the bidding process is for the protection of the taxpayers , and not the bidder. Mayor Boyd mentioned some past experiences of some people feeling that we were not playing fair in the bidding process, and some said they would not bid in this atmosphere. He stated that "atmosphere" is what Mr. Hamilton is talking about. He does not believe we can be too strict in these matters, and also feels that we should either accept or reject the bid . Alderman McAlister did not feel that the technicality we have here is of any consequence. Moved by Alderman Ashbrook that we reject all bids and re-advertise for this equipment again. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen Garcia, Ashbrook, Ryle, and Mathis. Nays : Alderman McAlister Alderman Ashbrook had to leave at this time. Item 8b Bids were considered on high pressure sodium vapor luminaries and lamps for 76-77 Cotauunity Development Block Grant project. Nunn Electric bid an alternate lamp, which actually met specifications; however, they submitted a spec sheet which was outdated and did not meet the specifications called for in the bid notice. Alderman McAlister felt we may be too critical in these areas. Moved by Alderman Ryle that the bid for luminaires be awarded to Nunn Electric Supply Company in the amount of $24,616.42, and the bid for lamps be awarded to People's Lighting Center in the amount of $5,432.40. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen Garcia, Ryle, and Mathis Nays : Alderman McAlister 199 Item 8c One bid was received from General Electric Company in the amount of $8,997.00 for technical communications equipment for the police department (status display system) . Discussion centered around the use of this equipment, and its being tied to taping and logging equipment which is desired. After much discussion on the merits of the status display system, the following action was taken. Moved by Alderman Garcia that we find out if we can re-apply for the taping and logging equipment alone, and if that cannot be done that we accept the bid of General Electric in the amount of $8,997.00 for the status display system. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Boyd, Aldermen McAlister, Garcia, and Mathis Nays : Alderman Ryle Item 9a was removed from consideration. v Item 10a Permission was requested to advertise for bids for a tractor and mower for the Street Department. Moved by Alderman Ryle that authority be granted to advertise for bids as requested. Motion seconded by Alderman McAlister, and carried unanimously. Item 10b Permission was requested to advertise for bids on an air compressor for the Fire Department. Moved by Alderman Mathis that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ryle, and carried unanimously. Item 11 Moved by Alderman Garcia that minutes of the meetings of the following boards and commissions be received. 0'. Plumbing Advisory Board-July 12, 1976 b. Board of Electrical Examiners-July 13, 1976 Mayor's Commission on Status of Women-June 3, 1976 d. Traffic Commission-July 13, 1976 e. Planning Board-July 14, 1976 f. Bicentennial Commission-June 24, 1976 Motion seconded by Alderman Mathis, and carried unanimously. Item 12a Moved by Alderman McAlister that a public hearing on demolition of hazardous r r structures be held on September 7, 1976, at 8:30 A.M. Motion seconded by Alderman Ryle, and carried unanimously. Item 12b Appointments to boards and commissions were discussed. Mayor Boyd recommended the appointment of Tom R. Elam and James Taylor Wilson to the Housing Authority Board for terms to expire June 12, 1978. 200 Item 12b, cont'd. Moved by Alderman McAlister that the appointments be approved as recommendedbyMayorBoyd. Motion seconded by Alderman Mathis, and carried unanimously.V f'.,; ) Moved by Alderman McAlister that Michael Lam be appointed to the PlanningBoardforatermtoexpireMay23, 1977. Motion seconded by Alderman Ryle, and carried unanimously. Moved by Alderman Garcia that Dr. Richard E. Milisci be appointed to the Community Center for Mental Health Mental Retardation Board for a term to expire July 10, 1978. Motion seconded by Alderman Ryle, and carried unanimously. Item 12c Consideration was given to the city becoming self-administered/self-insuredunderworkmen's compensation. The City Manager stated that he believes this wouldsavethecityandtaxpayersmoneyinthelongrun. Several major problems have been experienced during the past two years using an independent administrator. RESOLUTION NO. 1842 RESOLUTION CHANGING THE METHOD OF ADMINISTERING THE CITY'S METHOD AS A SELF-INSURER OF ITS WORKMEN'S COMPENSATION PROGRAM. WHEREAS, on June 4th, 1974 the Board of Aldermen adopted Resolution No. 1547, providing that the City should become a self-insurer as the method by which itsemployeeswouldreceiveWorkmen's Compensation benefits; at the same time, the Board of Aldermen provided that such self-insurer method would be administered byESIS, INC; and, WHEREAS, the City's current contract with ESIS, INC. expires on August 31st,1976, and the City does not desire to continue this arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OFWICHITAFALLS, TEXAS , THAT: After August 31st, 1976, the City of Wichita Falls shall continue to provideWorkmen's Compensation benefits in accordance with Resolution No. 1547, but the City shall administer such self-insurer program with its own personnel. Moved by Alderman Ryle that Resolution No. 1842 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Item 12d City Manager Gerald Fox proposed that City Clerk and Director of Financeresponsibilitiesbecombinedinoneposition, as suggested by the Board of Aldermen.This proposed reorganization would be effective August 11, 1976, since RonnieWoodhasresignedhispositionasDirectorofFinance. The City Manager proposed that Gerald Carlson be appointed Director of Finance by the City Manager and responsible to him for Finance division functions in addition to his City Clerkandaccountingfunctions. Municipal Court would report to General Administration,as well as the Tax Department. A new position title Director of Budget andResearchwouldbecreatedeffectiveAugust11, and would report to GeneralAdministration. City Clerk Gerald Carlson asked the Council for a clarification of hisresponsibilities. There are some functions presently under Finance that he feelsshouldbeinaccounting, and he needs to know who he would be responsible to, either the City Council or City Manager. He desires a clear definition of whereheactsasCityClerkandwhereheactsasDirectorofFinance. The accounts 201 Item 12d, cont'd. receiavle, accounts payable, and treasury management are all accounting functions. Debt service is also questionable. He feels the separation which was made was very arbitrary. The City Manager stated that it was clear in the minds of the Council that separation was made according to the City charter. He stated that the City Attorney was kind of in the same position, but they had always been able to work things out. Alderman Mathis stated that he could see no problems which could not be handled. Mr. Carlson stated that now he is responsible to the Council, and desired clarification of that responsibility. Mayor Boyd stated that in finance matters he would be responsible to the City Manager. It was pointed out that there might be some differences of opinion as to what is a financial function and what is an accounting function. When accounting and finance functions cannot be separated satisfactorily, this is where the problem begins. Alderman Ryle suggested that if a conflict arises between he and Mr. Fox that they come to the Council at that time. Mr. Carlson was agreeable to this. Mr. Fox feels that the items separated by the Council last April are in accordance with their wishes. Alderman Mathis stated that he feels it is very hard to separate accounting and finance functions, but at least one person would be responsible for both. With total cooperation from both, he does not see any great problem. Alderman Ryle stated that if they have problems in the future they will face them at that time. Mr. Carlson inquired what his title will be, and was told it would be City Clerk- Director of Finance. Two women appeared who live in the Housing Authority project. They inquired how members of the Housing Authority Board are selected. Mayor Boyd explained that the Mayor suggests the names , and the Board of Aldermen make the appointment. She mentioned three names on a petition. Mayor Boyd stated that the petition was not necessary. A telephone call would be sufficient. Toiuuy Robinson, 708 Jalonick, stated that he feels the two young ladies want someone who will represent them as tenants. He believes that Mr. Wilson will relate to their problems. Alderman Garcia commented on the number of police units which have been reported out of order, and questioned what will be the best solution to this problem. He also mentioned the city prosecutor not being able to file charges. This may conflict with state law. He feels our ordinance should comply with state law. Alderman Ryle stated that he had received several calls from elderly persons anticipating a tax increase. He felt that we should consider increasing the exemption to $4,000 for those persons over 65 years of age. It was the general consensus of the Board that this should be considered. There would be an approximate revenue loss to the City in the amount of $45,000. Item 7a Alderman McAlister stated that he would like for the Highway Department to discuss the problem of access on Kell Freeway. Main lanes and feeder roads are not being constructed at the same time. Mr. Ilschner and Mr. Lillard will provide a timely report. RESOLUTION NO. 1843 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: 202 Item 7a, cont 'd. Section No. 1. The project and properties to be purchased by Warranty DeedandbyEasementareasfollows : Kell Freeway--Project 52-380 Warranty Deeds 2.878 acres out of Blocks 2 & 11 and the West portion of Blocks1 & 12 of the Denton County School Land Survey, League 1. Vol. 776, Page 33, Deed Records of Wichita County, Texas 1.411 acres out of the Day Land and Cattle Company Survey AbstractNo. 610 and being a part of Block 3, Burlington Call Field IndustrialAddition. Recorded in Vol. 753, Page 21, Deed Records of Wichita County, Texas. 0.112 acre out of Block 119, Highland Addition Being a part of a tract of land described in Volume 842, Page 257, Deed Records of Wichita County, Texas. EASEMENTS A 0.0887 acre out of the East portions of Blocks 2 and 11 and the West portions of Block 1 and 12 of the Denton County School Land Survey,League 1. Recorded in Volume 776, Page 33, Deed Records of Wichita County , Texas. 0.222 acre out of Block 119, Highland Addition. Recorded in Volume 521, Page 291, Deed Records of Wichita County, Texas. 8947 s .f. out of Lots 39, 40, 41, 42, 43, & 44 in Block 118, Highland Addition. Combined total of values approved in this resolution 93,469.00 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 StateHighwayDepartmentortheCityofWichitaFalls, by Warranty Deed and by Easementsuchtractsoflandasshownontheprojectright-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 HighwayDepartment. Section No. 3. In the event the City Manager is unable to purchase any suchtractforsuchapprovedvalue, 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 Ryle that Resolution No. 1843 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis. Nays : None Alderman McAlister inquired if tax evaluations were based on 1975 , and ifso, why would they come out in 1976? It was explained that the reappraisal areabeganinFebruary, and was completed in June. Comparative sales were made fromMay1975toJune1976. Mr. Fox explained that taxes are assessed as of January 1,and become due and payable on October 1 of the current year. Increased demand of the available supply will continue to push the prices of houses up. Alderman McAlister also inquired about the turn signal at 9th and Kemp.Mr. Ilschner stated that most of the complaints have been from persons who werealmosthitbymotoristsnotyieldingtotraffic. Alderman McAlister inquired if the City Attorney had obtained any informationonpornographicmaterial. H.P. Hodge stated that he had not had a chance tofinishbriefingthismatter. The Planning Division is also doing some research,and is working with the City Attorney's office. 203 Mayor Boyd inquired into the request from Archer City for water, asking if we J have to give them water? The City Attorney stated that he does not feel the City has an obligation to sell water to them or to anyone else. The Mayor stated that he would be pretty hard-nosed about selling water outside the city limits if it is not mandated. The City Attorney stated it is not mandated. Mayor Boyd mentioned supervision of the CETA employees. He stated that he had received 50 complaints . He feels that older applicants in charge of younger applicants has not worked. He feels we need adult supervision. He stated that he does not agree with Steve Biles ' letter at all. The method of supervision is not adequate. He will not vote for the program next year unless we can come up with a better method. The Board of Aldermen adjourned at 2:40 P.M. PASSED AND APPROVED this day of 1976. MAYOR ATTEST: s% Z. CITY CLERK