Min 10/07/19751
Wichita Falls , Texas
Memorial Auditorium Building
October 7, 1975
Item 1
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 Pro tem
Hardy McAlister X
Guillermo Garcia
Bill E. Gowan X Aldermen
Joe N. Prothro
Peggy McCullough X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas Deputy City Clerk
Max Kruger Absent
Item 2
Moved by Alderman Prothro that minutes of the meeting held September 16, 1975,
be approved.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 3a
The public hearing was opened on the 1975 annexation program. No one desired
to be heard, and the hearing was closed.
Items 3b & c
Public hearings were opened on the 1975-76 budget and setting the tax rate
for the City of Wichita Falls.
The City Manager stated that this budget is based on a tax rate of $1.22,
with total appropriations amounting to $17,160,712.00. The appropriation includes
13,947,908 for the four operating funds of the City (General, Water and Sewer,
Airport, and Transit) , and $3,212,804 for the three debt service funds (General
Obligation Tax, Water and Sewer Revenue, and Airport Revenue) . A reduction in the
authorized strength of city personnel will be necessary, but there is projected
an increase of 10 personnel in the Fire Department, 8 in the Police Department,
and also an increase in personnel to operate the new waste water treatment plant .
Don Whan, 1806 Ridgemont Drive, stated that he applauds the Council 's efforts
to decrease taxes, but inquired if the school crossing guards are still scheduled
to be cut? The City Manager stated that there is a reduction in the amount of the
appropriation for that service. Mr. Whan wondered if we might curtail out of
town travel, and keep the crossing guards'' The City Manager explained that this
account not only includes travel to conventions, but also other training. He
also explained what was contained in other accounts which he mentioned. He re-
quested the Council's consideration on keeping the crossing guards, and cutting
down on travel.
Alderman Prothro inquired of Mr. Whan if he felt the school should have any
responsibility in this matter. Mr. Whan stated that he did not, and that he be-
lieves safety is the responsibility of the City. Alderman Gowan stated that they
are trying to work out something with the school system, but that they feel the
school is capable of providing crossing guards. where major thoroughfares are
concerned it is our proposal to pay for crossing guards , but on residential streets
he feels that a paid crossing guard is not necessary. He feels the school could
furnish someone. It was pointed out by the City Manager that school crossing •
guards are continuing until they can work out something with the school.
2
Items 3b & c, cont'd.
Mayor Pro tem Boyd noted that the Council has previously dealt with member-
ships and travel. Travel reports are available and on file with the City Clerk.These two items are something which we are continuing to look at. Mr. Whan noted
that teachers are not paid for their travel to conventions. He stated that the
only reason he mentioned travel was to try to find $10,000 to retain our crossing
guards.
Dorothy Nelson, 614 Dee Drive, stated that she has written to the City Council
and Board of Education regarding shelters for the school kids which have to catch
the bus. She inquired why some money could not be set aside to provide these
shelters? The City Manager stated that he could not recall receiving any informa-tion from her, but it seems to be the responsibility of the school system. It
was noted that no member of the Board of Aldermen, nor any staff member, has
received a letter from Mrs. Nelson. Mayor Pro tem Boyd stated that he feels this
problem should be taken to the school board.
The public hearings were closed.
Item 4a
I .
A proposed ordinance was presented approving the 1975-76 budget and making
appropriations.
r ORDINANCE NO. 3013
AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS
AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1975, AND ENDING SEPTEMBER 30, 1976, BOTH DATES INCLUSIVE, ADOPT-
ING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS AND DE-
CLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 3013 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Gowan, and McCullough
Nays : Alderman Prothro.
Item 4b
A proposed ordinance was presented establishing the 1975-76 ad valorem
tax rate.
j'
e ORDINANCE NO. 3014
AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1975-
1976 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING
FOR THE ASSESSMENT OF ALL ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND
DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3014 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Gowan, and McCullough
Nays : Alderman Prothro.
Items 4c & 5d
Discussion was held on the general revenue sharing budget for 1975-76. The 411,V City Manager stated that the total available from October 1, 1975 through September 30,
1976 is $1,500,000. He presented the proposed appropriations.
Alderwoman McCullough mentioned Martin Plaza parking lot, stating that she ques-
tions whether building a parking lot will alleviate the problems we have there. She
3
Items 4c & 5d cont'd.
feels it will not have an aesthetic effect. It will also take away from the space
inside the park. If we build a parking lot we will only transfer the problems
from the periphery into the center of the park. It was thought more enforcement
might help. The City Manager explained that this was tried several years ago,
and it helped for a while, but it is not feasible to keep an officer there all time.
Alderman McAlister inquired what affect no parking on both sides of the street
will have? It was felt by Ed Ilschner that it would only transfer the parking to
other streets . If parking is eliminated it may eliminate use of the park.
Alderman Prothro stated that parking is only one of about ten problems there.
Placing the parking lot inside the park will centralize the activities and get them
away from the periphery of the park. Alderman Gowan agreed with Alderwoman McCullough
with regard to putting a parking lot in a decorative park. It will only move the
problem. At this time he is opposed to spending the money for a parking lot. He
is willing to try almost anything before we install a parking lot. He would not
be opposed to restricting parking on both sides of the street. Alderman Prothro
stated that this park is characterized by filth, trash, harassment of school age
children, destruction of personal property, sale and use of drugs and narcotics ,
parking problem on the street, and violation of the curfew. It is an undesirable
park for use by the surrounding residents. Users of the park have no consideration
of the rights of others. Police officers have had difficulty in enforcement. Trash
containers and no parking on one side of the street are the only things which have
been done to help this situation. He favors a parking lot as opposed to restrict-
ing no parking on both sides of the street. He would be willing to postpone any
action on the parking lot if the Council shows some interest in alleviating these
problems. Alderman Gowan stated that the parking lot might solve the double parking.
It will not stop some of these other problems.
Alderman Garcia stated that it seems the drinking problem is the worst. This
is mainly the reason we have so much trash in this park. If we restrict drinking
perhaps we will not need to construct the parking lot. He feels action should be
postponed on the parking lot. Alderman McAlister agreed that construction of the
parking lot should be postponed. It does not necessarily make sense that if you
restrict parking on both sides of the street would move traffic back into other
residential areas. He feels the people are not using the park anyway. Ed Ilschner
stated that it costs about $20.00 per sign to install no parking signs. He also
felt it would be advisable to restrict parking on one side of other streets in
the area.
It was agreed that the $7,500 appropriation for the parking lot would remain
in the ordinance.
ORDINANCE NO. 3015
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Prothro that Ordinance No. 3015 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
The Council requested the staff to respond with a study of the problems in-
volved at Martin Plaza, and what can be done to alleviate them. It was also re-
quested that the Traffic Commission consider the parking problems.
The City Manager noted that the Bicentennial Commission has endorsed the
Women in Construction project of a wonder world children's park in Lucy Park. They
are requesting that $8,000 of the remaining appropriation be used for earthwork,
fencing, and walkways. The initial work will have to be done in order to proceed
with monies already available or committed for some of the displays which they
propose to be included in the park. Alderman McAlister questioned whether this
construction would be located in an area likely to flood. Lloyd Rigby stated
that the flood waters this year did not get anywhere close to this area.
Moved by Alderman Prothro that this project by the Women in Construction be
approved.
4
Items 4c & 5d, cont'd.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None (Alderwoman McCullough was out of the room) .
A ten minute recess was called at 10:10. The meeting resumed at 10:20.
V , -
Item 4d
r ;
The swimming pool referendum petition was considered.
Moved by Alderman Gowan that Ordinance No. 2946 be repealed, as specified
in the petition.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, and
McCullough
Nays: None.
Mayor Pro tem Boyd introduced a proposed ordinance for construction of two
swimming pools, in Kiwanis and Jalonic Parks. No action will be taken until the
next meeting.
Roy Parish, 4426 Sisk Road, inquired if a referendum petition is in order now.
The City Attorney stated that it would not be until the Council has actually
passed the ordinance. Mr. Parish stated that he will circulate another petition
if the Council passes the ordinance. He is still opposed, and feels that the
people of Wichita Falls are opposed. Alderwoman McCullough asked if he thought
some of the negative reaction might be alleviated if the Council voted to submit
it to a vote of the people. Mr. Parish stated he did not believe it would be.
This item will be on the agenda on October 21.
Item 4f
A proposed ordinance was presented granting a waiver allowing Coca Cola to
build over a utility easement.
City Attorney H. P. Hodge, Jr. stated that Mr. Rivkin has withdrawn his
j objection to construction of a building by Coca Cola over a closed alley.
ORDINANCE NO. 3016
ORDINANCE PERMITTING THE CONSTRUCTION OF A BUILDING OVER THE UTILITY EASE-
MENT LOCATED IN THE ABANDONED ALLEY IN BLOCK 226 OF THE ORIGINAL TOWN OF
WICHITA FALLS, TEXAS.
Moved by Alderman Prothro that Ordinance No. 3016 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Prothro, and McCullough
Nays: None (Alderman Gowan abstained from discussion and voting on this
matter) . my.
Item 5a(1)
A proposed ordinance was presented increasing water rates.
t ORDINANCE NO 3017
ve
ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES OF THE CITY OF
WICHITA FALLS INCREASING THE RATES THAT WILL BE CHARGED FOR WATER, AND
DECLARING AN EMERGENCY.
Moved by Alderman Prothro that Ordinance No. 3017 be passed.
5
Item 5a(1) , cont'd.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Item 5a(2)
A proposed resolution was presented approving contract for sale of water to
Sheppard Air Force Base, Midwestern State University, and Wichita Falls State
Hospital. The City Manager read a letter from Sheppard Air Force Base requesting
special consideration in their water rates. Mr. Fox stated that he did not feel
that this figure was one which they could not live with, and he would recommend
no change.
I- /e
RESOLUTION NO. 1721
RESOLUTION AUTHORIZING CONTRACT WATER RATES FOR SALE OF WATER TO SHEPPARD
AIR FORCE BASE, MIDWESTERN STATE UNIVERSITY AND WICHITA FALLS STATE
HOSPITAL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS,
THAT:
The following contract rates are hereby authorized to be charged for water
sold by the City to Sheppard Air Force Base, Midwestern State University and
Wichita Falls State Hospital:
The first 800 cubic feet of water at 54¢ per hundred
The next 6,000 cubic feet of water at 38¢ per hundred
The next 60,000 cubic feet of water at 33¢ per hundred
The next 66,800 cubic feet of water at 29¢ per hundred
In excess of 133,600 cubic feet of water at 24¢ per hundred
These rates shall become effective October 7, 1975.
Moved by Alderman McAlister that Resolution No. 1721 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Alderman McAlister, Garcia, Gowan, Prothro, and McCullough
Nays: None.
Item 5a(3)
A proposed resolution was presented amending the water purchase contract
with the City of Scotland,, increasing the commodity rate.
RESOLUTION NO. 1722
RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE AGREEMENT BETWEEN
CITY OF WICHITA FALLS AND CITY OF SCOTLAND, INCREASING THE RATES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
The Third Amendment of Water Purchase Contract between the City of Wichita
Falls and the City of Scotland, which Water Purchase Contract is dated February 2,
1971, which amends Section 2.0 to increase the commodity water rate from sixteen
cents per one hundred cubic feet to eighteen cents per one hundred cubic feet
beginning February 2, 1976, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman Prothro that Resolution No. 1722 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays . None.
6
Item 5a(4)
A proposed resolution was presented amending the water purchase contract
with the Town of Holliday, increasing the commodity rate.
f RESOLUTION NO. 1723
RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN
CITY OF WICHITA FALLS AND TOWN OF HOLLIDAY, INCREASING THE RATES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT:
The First Amendment of Water Purchase Contract between the City of WichitaFallsandtheTownofHolliday, which Water Purchase Contract is dated December 1,1968, which amends Section 2.0 to increase the commodity water rate from fourteen
and one-half cents per one hundred cubic feet to eighteen cents per one hundred
cubic feet beginning October 1, 1975, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls .
Moved by Alderman Garcia that Resolution No. 1723 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Item 5a(5)
A proposed resolution was presented amending the water purchase contract
with the City of Lakeside City, increasing the commodity rate.i ' r, jr
C 7'( x RESOLUTION NO 1724
RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE AGREEMENT BETWEEN
CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY, INCREASING THE RATES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
The First Amendment of Water Purchase Contract between the City of WichitaFallsandtheCityofLakesideCity, which Water Purchase Contract is dated
April 13, 1970, which amends Section 2.0 to increase the commodity water rate
from fourteen and one-half cents per one hundred cubic feet to eighteen cents
per one hundred cubic feet beginning October 1, 1975, is hereby approved, and
the City Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Gowan that Resolution No. 1724 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Mayor Pro tem Boyd mentioned a recent editorial regarding increasing the
utility rate and decreasing the tax rate. This summarizes a popular misconcep-tion in this community. He feels that to discuss both of these items in one MP
editorial does a disservice to the councilmen. It has been the policy of this
city to keep the tax rate and utility rates separate. He noted the rate of
increase in water as well as other utilities.
r
1
Item 5b
The animal control ordinance was discussed. Alderman McAlister had re-
quested that the section of the ordinance pertaining to licensing of dogs should
be repealed.
Toni de Stefano, with the Humane Society, stated that they had begun work
on an education program for the schools. She stated that elimination of licens-
7
Item 5b, cont'd.
ing would cripple the animal care section of the ordinance. One method of licens-
ing is that the veterinarian give the pet owner an application for a dog license
at the time of the rabies vaccination. The owner could mail in the application
or present it in person. She stated that Dr. Hubbs felt that local veterinarians
would participate in this type of program. she stated that animal control needed
more facilities. She requested that the Council support them in their programs
for the future which will benefit both people and pets in the community.
Alderman McAlister stated that it is not the intent of any member of the
Council to tear up an ordinance or discredit any work which they have done. He
inquired why could not the rabies vaccination serve as the identification? Mrs.
de Stefano stated that the identifying tag would enable someone to reach the
owner through their records. Alderman McAlister stated that it seems that the
veterinarians could furnish a copy of the rabies vaccination to the City. She
stated it was a time consuming matter with veterinarians and boarding agencies.
Veterinarians are not open on week-ends. Alderman Gowan agreed to this method.
The owner or the veterinarian could get the information to the animal control
center. The City Manager mentioned that some dogs may be vaccinated outside the
City. What would we do about getting that information? Mrs. de Stefano felt that
licensing is an added incentive to get the rabies shot. The Council felt that
this matter should be brought to the attention of Dr. Hubbs and the veterinary
association. Alderman Prothro stated he would like for the committee to study
the feasibility of using the rabies tag for identification. Alderman McAlister
requested that it be taken back to the committee for this study. He also re-
quested the City Manager to contact the veterinarians to meet and render an opinion
on this request. It was noted by Mark Wilson that an owner of a dog is fined for
not having a license tag if it is impounded.
Foy Sandefur, 1200 Kenley Lane, appeared as a pet shop owner. He stated that
he believes rabies shots should be required for cats the same as for dogs. He
does not feel that ownership of a dog or cat can be obtained even from the City
at night. He does not believe that licensing is necessary. It does not bring
in enough money to warrant it.
Ed Ilschner, speaking as a citizen and pet owner, stated that he is in favor
of the rabies vaccination licensing requirement. He noted that it is almost im-
possible to contain cats.
Mr. and Mrs. Gay Mathews, 1516 25th, appeared. She mentioned a collar identi-
fication. She stated that she had been served two citations for a dog at large.
She will have to go to court proving that she does not own a dog. She stated
that she had never called the dog pound to have it picked up. ' Mr. Mathews stated
that he is trying to find out the definition of who owns the dog. The City
Attorney pointed out to the Council that this matter should not be discussed here
since it is a matter of the Court.
Earline Longley Caldwell appeared as a pet owner. If you do away with licens-
ing it takes away some fees. Alderman McAlister inquired if she did not feel that
a rabies tag would serve the same purpose? She stated that she didn't. It is
asking too much of the veterinarians.
This matter was postponed until the first meeting in November.
V
J ( Item 5c
Discussion was held concerning prohibiting consumption of alcoholic beverages
in specified parks. The City Attorney stated that he cannot find any case which
considers authority of drinking in certain parks and not in others. He believes
this ordinance could be passed and not be discriminating against any person.
Following other discussion it was agreed that the ordinance should contain a pro-vision to also prohibit alcoholic beverage consumption in ornamental parks and in
all public street rights-of-way abutting such park. Other parks which are not
ornamental in which consumption of alcoholic beverages is prohibited are Bridwell,
Scotland, Martin Plaza, and Hamilton.
y I J r rf
ORDINANCE NO. 3018
ORDINANCE PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES IN ORNAMENTAL
PARKS AND CERTAIN OTHER PARKS IN THE CITY OF WICHITA FALLS.
8
Item 5c, cont'd.
Moved by Alderman Garcia that Ordinance No. 3018 be passed as discussed
above.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Pro tem Boyd, Aldermen Garcia, Gowan and Prothro
Nays : Aldermen McAlister and McCullough
Item 5e
A proposed revision to the parking meter ordinance was presented. It was
recommended that metered parking be allowed on the west side of Ohio Street in the800block.
7 , ';ORDINANCE NO. 3019
AN ORDINANCE AMENDING PARAGRAPH (a) SECTION 29-148 QF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, AND ADDING CERTAIN PARKING
METER ZONE, AND DECLARING AN EMERGENCY.
Moved by Alderman Prothro that Ordinance No. 3019 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays: None.
Item 5f
A proposed ordinance was presented approving and adopting estimates forthe1975CommunityDevelopmentAssessmentPavingProgram, and setting thepublichearingonNovember4, 1975.
ORDINANCE NO. 3020
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED
AS THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF
WICHITA FALLS , TEXAS ; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF
ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK
TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 3020 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Item 5g
A proposed ordinance was presented granting City National Bank permission
to construct improvements on public right-of-way.
L. ORDINANCE NO. 3021
ORDINANCE GRANTING AUTHORITY TO THE CITY NATIONAL BANK TO CONSTRUCT A
CANOPY OVER THE SIDEWALK IN THE 800 BLOCK OF 8TH STREET.
Moved by Alderman Garcia that Ordinance No. 3021 be passed.
AW
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and McCullough
Nays : None (Alderman Prothro did not vote) .
9
Item 6a
A proposed resolution was presented authorizing the City Manager to execute
a lease agreement with Southern Aviation.
p
RESOLUTION NO. 1725
RESOLUTION APPROVING LEASE WITH SOUTHERN AVIATION, INC. , FOR PARKING
AREA AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease, a copy of which is attached hereto, between the City of
Wichita Falls and Southern Aviation, Inc. , covering an area for vehicle parking
for customers of Southern Aviation, Inc. , is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Garcia that Resolution No. 1725 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Item 6b
A proposed resolution was presented authorizing the City Manager to execute
a lease agreement with Rio Airways.
r
RESOLUTION NO. 1726
RESOLUTION APPROVING AMENDMENT NUMBER TWO TO THE LEASE TO RIO AIRWAYS,
INC. AT MUNICIPAL AIRPORT, REDUCING OFFICE AND TICKET COUNTER SPACE
RENTAL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
That certain Amendment Number Two, a copy of which is attached hereto, to
the lease of premises at Wichita Falls Municipal Airport to Rio Airways, Inc. ,
wherein the office and ticket counter space rental is reduced, is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita
Falls.
Moved by Alderman Prothro that Resolution No. 1726 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McAlister
Nays : None.
Item 6c
A proposed resolution was presented approving appraisals of Kell Freeway
I project.
s
RESOLUTION NO. 1727
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.
10
Item 6c, cont'd.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OFWICHITAFALLS, TEXAS, THAT:
SECTION NO. 1 The project and properties to be purchased by Warranty Deedareasfollows :
Kell Freeway - Project 52-380
Warranty Deed
Lot 6, Block 3, John W. Thomas S/D
Lot 5, Block 3, John W. Thomas S/D
Lot 7, Block 2, John W. Thomas S/D
Lot 6, Block 2, John W. Thomas S/D
3147.5 s.f. of Lot 9, Block 28, Fairview Addition1482.5 s.f. Lot 4, Block 3, John W. Thomas S/D6491s.f. Lot 8, Block 2, John W. Thomas S/D1350s.f. of Lot 9, Block 2, John W. Thomas S/D
Combined total of values approved in this resolution 58,260.00
SECTION NO. 2 The values of such properties are hereby approved and theCityManagerisherebyauthorizedtopurchaseinthenameoftheTexasStateHighwayDepartmentortheCityofWichitaFalls, by Warranty Deed such tractsoflandasshownontheprojectright-of-way map. The authorized prices to bepaidforsuchtractsareStateapprovedvaluesasdeterminedfromappraisalsmadebyrealestateappraisersemployedbytheTexasStateHighwayDepartment.
SECTION NO. 3 In the event the City Manager is unable to purchase any suchtractforsuchapprovedvalue, he is authorized and directed to cause to be in-stituted condemnation proceedings to obtain such tract in the name of the TexasStateHighwayDepartmentortheCityofWichitaFalls.
Moved by Alderman Prothro that Resolution No. 1727 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote .
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCulloughNays: None.
I:5.22_611
A proposed resolution was presented authorizing a contract with Wichita Countyfordataprocessingofvoterregistration.
i
RESOLUTION NO. 1728
RESOLUTION AUTHORIZING CONTRACT WITH WICHITA COUNTY PROVIDING DATA PROCESS-ING SUPPORT OF THE VOTER REGISTRATION SYSTEM.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT:
The City Manager is hereby authorized to execute for the City of WichitaFallsacontractwithWichitaCounty, whereby the City will provide to the Countydataprocessingsupportofthevoterregistrationsystem. Under such contract,City will process and maintain the voter registration files of County for tencentsperregistrationprocessed. Print-outs of registered lists will be furnishedtheCountyforitsuseinhandlingelections ; other interested parties, if approvedbyCounty, may receive print-outs with this information for a charge of one hundreddollarsperrequest. County shall at its expense provide the forms to City asneededforprocessing. City will provide services of stuffing envelopes for afeeofone-fourth cent per envelope processed.
County will be billed by City on an annual basis, and the first bill willbesentoutMarch1, 1976. The term of the contract shall be for the period end-ing the last day of February, 1980.
Moved by Alderwoman McCullough that Resolution No. 1728 be passed.
11
Item 6d, cont'd.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
Alderman McAlister requested that we look into the possibility of putting
animal control into the computer.
Item 7a
A proposed resolution was presented awarding the bid for vending machine opera-
tions at various city facilities.
V
r RESOLUTION NO. 1729
RESOLUTION ACCEPTING BID OF W & W VENDING AND FOOD SERVICE OF TEXAS, INC.
dba INDUSTRIAL VENDING) FOR FURNISHING VENDING MACHINE OPERATIONS.
WHEREAS, heretofore the City of Wichita Falls advertised for bids for a
contract for furnishing vending machine operations at various facilities ; and,
WHEREAS , two bids were received, and it is found that the bid of Industrial
Vending Company is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The bid of Industrial Vending Company is hereby accepted, and the City
Manager is authorized to execute a contract with Industrial Vending Company for
the furnishing of vending machine operations at various City facilities for a
period of two years.
Moved by Alderman Garcia that Resolution No. 1729 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote.
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None.
i
Item 8a
Permission was requested to advertise for bids for an annual supply of ready
mix concrete and bulk cement for all city departments.
Moved by Alderman Prothro that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 8b
Permission was requested to advertise for bids for escape routes at Lake Kemp.
t .
is This will provide egress for certain cabins as agreed to in negotiations with the
Corps of Engineers .
Moved by Alderwoman McCullough that authority be granted to advertise for
bids as requested.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 8c
Permission was requested to advertise for bids for sanitary sewer facilities
for Phase II improvements on the East side.
i
Moved by Alderman Prothro that authority be granted to advertise for bids as
requested.
12
Item 8c, cont'd.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 9
Moved by Alderman McAlister that minutes of the meetings of the followingJboardsbereceived.
a. Planning Board - September 10, 1975
b. Park Board - September 23, 1975
YY c. Library Board - September 10, 1975
Motion seconded by Alderman Garcia, and carried unanimously.
Alderman Gowan was appointed as the Council representative to the Library
1
E
Item 10a
Permission was requested to install travers tandem parallel parking on several
V streets in the Central Business District. Ed Ilschner stated that flat angle
parking does not lend itself to extending to other streets. This is basically
an expansion of the type of parking we now have. This proposal has been before
the Traffic Commission and downtown merchants.
Moved by Alderman Prothro that authority be granted to install this type of
parking, as requested.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 10b
Moved by Alderwoman McCullough that a public hearing on demolition of hazard-
ous structures be held on November 4, 1975.
Motion seconded by Alderman Garcia, and carried unanimously.
1 1 ,
Item 10c
Moved by Alderman McAlister that we take no action on appointments to the
Hospital Board and Traffic Commission at this time.
Motion seconded by Alderman Garcia, and carried unanimously.
Mrs. Parham appeared, stating that she is throwing in the towel. She is going
to put her house up for sale and move. She is very disappointed over the way
things have turned out. She stated that it appears they are not worth the cost.
Mayor Pro tem Boyd stated that this Council is charged by law of obeying the
laws of the state and of the charter. The letter from Mr. Fox which she received
expresses the laws and limitations which we have to follow. The City Manager
pointed out that water and sewer services are not paid by taxes, but by persons
who use them. The City never does put in sewer lines. Alderman McAlister noted
that his business is setting on a piece of property which does not have sewer.
Alderman Gowan stated it is not the City's fault that they do not have sewer.
The subdivider is required to install the sewer lines. It is the subdivider's
expense. The City does not have any authority to do that. Lines are available
in Sunset Terrace to hook on to.
Alderman Garcia suggested that signs be posted in these parks indicating
that no drinking is allowed.
Alderman McAlister requested the City Manager to get some information to
the Council pertaining to the concept of zero based budgeting; what it is, how
f
13
it works , and how to implement this concept.
Boyd noted that the Board of Aldermen did not approve the budget
1'
proposed by Mr. Fox. He knows of nothing more touchy than working on a budget.
He thanked the City Manager for the manner in which he carried out the Council's
instructions in trying circumstances.
Moved by Alderwoman McCullough that the meeting be adjourned.
Motion seconded by Alderman McAlister, and carried unanimously.
The Board of Aldermen adjourned at 12:50 P.M.
PASSED AND APPROVED this day of 4f -4-%-e/C/ , 1975.
ay oror Pro teT
ATTEST:
ite,t -' ,6'),- . c-7C-Az 7 P-t.ta--
Deputy City Clerk
n .
ice,. , '•- .'',..i
LEASE AGREEMENT
THIS AGREEMENT made and entered into on this the day of
1975, by and between the City of Wichita Falls , Texas,
a municipal corporation acting by and through its duly authorized officers
hereinafter called "City" and Southern Aviation, Inc. , hereinafter called
Southern".
WITNESSETH :
WHEREAS under date of July 20, 1959, the Secretary of the Air Force
executed a Lease (known as Contract DA-41-443-eng-5551 ) to the City of
Wichita Falls as Lessee, for Municipal Airport purposes, on a tract of
land in Wichita County, Texas containing 50.73 acres , more or less , to-
gether with the Terminal Building located thereon, the original of which
Lease is recorded in Volume 774, page 89, Wichita County Deed Records ,
and the terms of which Lease are incorporated herein by reference; and,
WHEREAS, City operates on such tract of land a public airport known
as Wichita Falls Municipal Airport, said premises hereinafter called
Airport" and,
WHEREAS, Southern desires to lease from City a certain tract of land
on said Airport, and more fully described on a plat attached hereto and
marked Exhibit A and made a part hereof, for the purpose of providing a
parking facility for its customers.
NOW THEREFORE, for and in consideration of the rent, covenants and
agreements herein contained, and subject to the terms and conditions in
the aforesaid lease between the Secretary of the Air Force and the City,
City does hereby lease, demise, grant and 1'et to Southern and Southern
does hereby take and lease from City the hereinafter described property,
to wit:
I.
LEASED PREMISES:
One tract of land located west of Hangar Number Two being a
rectangular tract one hundred eighty-seven (187) feet long and eighteen
18) feet wide containing Three Thousand Three Hundred and Sixty-six
3,366) square feet delineated in red on Exhibit A.
ft
II.
PURPOSE:
The leased tract shall be used for the parking (without charge)
of customer vehicles and for no other purpose.
III.
TERM
The term of this lease shall be for a period of three (3) years
commencing on the 10th day of August, 1975 and ending on the 9th day
of August, 1978.
IV.
GROUND RENTAL
Southern agrees to pay City for the use of the above described
tract of land an annual ground rental of Ninety Dollars ($90.00) rep-
resenting 3,366 square feet, which sum shall be paid in advance. The
initial payment shall be due and payable on the 10th day of August, 1975,
and subsequent annual payments on the anniversary date thereof.
V.
RIGHTS OF LESSEE:
Southern shall have the right of ingress and egress to the leased
premises.
VI.
RIGHTS OF CITY
Southern covenants that it shall use the leased area for the free
parking of its customer's vehicles, and for no other purpose and shall
comply with such reasonable regulations as City may require for the
identification of such customer vehicles. Southern further covenants
that it is subject to the terms of the Lease between the Secretary of the
Air Force and the City and that it will abide by such rules as promulgated
by the City regulating the Airport. Southern further covenants that such
customer vehicles as cannot be accommodated within the leased area will be
parked within the public parking area.
2-
la
VII.
MAINTENANCE:
Southern shall , at its sole cost and expense, maintain the leased
premises and the improvements and appurtenances thereto in a presentable
manner consistent with good business practice, and in a safe, neat,
sightly and good physical condition. Southern shall repair all damages
to said premises caused by its operation thereon; shall maintain and
repair any drainage, installation, paving, curbing, and improvements and
shall restripe such areas as necessary.
VIII.
SIGNS:
Southern shall not maintain or erect any billboards or advertising
signs, provided that Southern shall , at its own expense, identify the
leased premises as Reserved by signs approved by the City.
IX.
ASSIGNMENT AND TRANSFER:
The leased premises is intended solely for the parking of Southern
customers and any assignment, sale, transfer, or sublease of the premises
or any other use of such premises is expressly forbidden.
X.
INDEMNIFICATION:
Southern shall be solely responsible for the conduct of its opera-
tors, agents, employees and representatives, and agrees to indemnify,
defend, hold and save the City, its authorized agents, officers , rep-
resentatives and employees, harmless from each and every claim and demand
of whatever nature, and against any and all penalties , liability and
annoyance or loss, resulting from claims or court action of any nature
claimed to have arisen directly or indirectly out of acts of Southern or
its agents, servants, guests, employees or business visitors under this
Agreement or by reason of any act, omission or conduct of such person.
3-
i .
a Q r
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XI.
TERMINATION AND CANCELLATION:
a. This lease shall terminate at the full term hereof and
Southern shall have no further right or interest in any
of the ground hereby demised or in any improvements
made thereto.
b. This lease shall be subject to cancellation on the lawful
assumption of the Airport by the U. S. Government, or on
the permanent abandonment of the Airport by City.
c. Cancellation
1 . This lease is contingent on the continuance of
Southern's Fixed Base Operator Lease with City, and the
termination of such lease, for whatever cause, shall
immediately terminate this lease without recourse to
City and without compensation for the unexpired portion
thereof. .
2. This lease shall further be subject to cancellation
by City in the event Southern:
a) fails to make annual payments as hereinbefore
agreed within a period of fifteen (15) days after
such payments become due, or
b) file a voluntary petition of bankruptcy, or
c) abandons the demised premises , or
d) defaults in the performance of any of the
covenants and conditions (not enumerated within
this Article X above) to be kept and performed by
Southern and such default continues for a period
of fifteen (15) days after written notice by City.
4-
NOTICES:
Notices to City shall be sufficient if delivered in person or sent
by certified mail , postage prepaid, addressed to: Airport Manager,
Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas
76301 ; to Southern if delivered in person or sent by certified mail ,
postage prepaid, addressed to: President, Southern Aviation, Inc. ,
Wichita Falls Municipal Airport, Wichita Falls, Texas 76301 .
I,
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day ofy 1975.
CITY OF WICHITA FALLS .
n
Gerald G. Fox, City Manager
71 SOUTHERN AVIATIQN, INC.
71
Richard 0. Morrison, President
ATTEST:
Wilma J. Thomas , Deputy City Clerk
APPROVED AS TO FORM:
H. P. Hodge, Jr. , City Attorney
fiti . ,_
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Note:
1 ( . Leased Area
Approximately
F 187' x 18'
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WVICI-IITA FALLS ,TEXAS
1 MUNICIPAL AIRPORT
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SCALE
LXIIIBIT A
J 1
AGREEMENT AND LEASE OF PREMISES
AT
WICHITA FALLS MUNICIPAL AIRPORT
Amendment Number Two
WHEREAS, Rio Airways, Inc. , hereinafter referred to as Airline
entered into a Lease Agreement dated the 20th day of September, 1973,
with the City of Wichita Falls, hereinafter referred to as City, on the
use of Wichita Falls Municipal Airport; and,
WHEREAS, such agreement was amended by Amendment Number One
dated April 1, 1974; and,
WHEREAS, the parties desire to amend such agreement with regard
to the rents payable thereunder, in accordance with Article II thereof.
NOW THEREFORE, it is mutually agreed between the parties hereto
that the provisions of such Lease Agreement shall be amended as follows:
Section (C) of ARTICLE III - Landing, Ramp and Terminal Fees,
is amended to read as follows:
C) Rental With Respect to Passenger Terminal/Freight Buildings
Airline will pay the City a monthly rental for the spaces in the Terminal
and Freight Buildings leased pursuant to ARTICLE I (B) and (C) and des-
ignated on Exhibits C and D as ticket counter, office and freight space;
for advertising space and for use of the public address system. City
will supply heat, lights and electricity to all space designated on
Exhibit D, plus air conditioning and janitor service to Airline's leased
space within the Terminal Building at no cost to the Airline. The rental
shall be charged according to the following schedule:
Office and Ticket Counter Space 228.79 per month
323 square feet at $8.50
per square foot per annum,
being $2,745.50 per year)
Freight Space 135.91 per month
470 square feet at $3.47
per square foot per annum,
being $1,630.90 per year)
Public Address System 25.00 per month
25 per month, being $300
per year)
Advertising Space 75.00 per month
75 per month, being $900
per year)
Total 464.70 per month"
It is expressly understood and agreed by the parties hereto
that the Amendment stipulated above shall in no way change, alter, affect,
or revise any other Article or provision of such Lease Agreement.
This amendment shall be effective on October 1, 1975.
IN WITNESS WHEREOF, the parties have caused this agreement to
be executed the day of 1975.
CITY OF WICHITA FALLS:
BY:
Gerald G. Fox, City Manager
ATTEST:
Wilma J. Thomas, Deputy City Clerk
RIO AIRWAYS, INC.
BY:
Mark S. Connell, President
APPROVED AS TO FORM:
H. P. Hodge, Jr. , City Attorney
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