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Min 10/07/1976228 Wichita Falls, Texas Memorial Auditorium Building October 7, 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 Bill E. Gowan X Aldermen Ray Ashbrook W. E. Ryle X Jerry F. Mathis X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by Dick Judge, Sacred Heart Catholic Church. Item 3 Moved by Alderman Ryle that minutes of the meeting held September 21, 1976, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Item 4a The public hearing was opened on adoption of the budget for the fiscal year 1976-77. No one desired to be heard, and the hearing was closed. ORDINANCE NO. 3124 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, AND DECLARING AN EMERGENCY. Moved by Alderman Ashbrook that Ordinance No. 3124 be passed. Motion seconded by Alderman Gowan. Alderman Mathis brought up two items which had previously been discussed by the Council in budget work sessions. It was his understanding that this was to have been settled prior to this time, but apparently has not been. The first item concerns salary ranges of the Assistant City Clerk and Director of Budget and Research. Both accounts had previously been in Range 45. When accounting and finance departments were combined in August, the salary range for the Director of Budget and Research was established at Range 56, to go to 59 in January. The salary range for the Assistant City Clerk was set at Range 51, to go to 55 in January. The second items pertains to establishing a separate department or cost accounting center for the director of budget and research. He does not feel it is necessary to have a separate cost center, but that it should be placed in the city manager's budget. Moved by Alderman Mathis that the salary ranges of both the Assistant City Clerk and Director of Budget and Research be set at 51 now and 55 in January. Motion seconded by Alderman Ryle. Alderman McAlister questioned whether the Council could make a motion which would change this budget document. The majority of the Council disagreed with his reasoning, stating that they are the governing body, and certainly had that right. The City Attorney agreed with this. 229 Item 4a, cont'd. The City Manager stated that there is no question in his mind that the Council has the authority to set any salary of an employee or officer, either by direction or adoption of a salary plan. He does not feel it is fair to ask him to lower a salary after someone has been employed under those conditions. Gerald Carlson noted that the memo of July 29 makes no indication of a salary range for either position. Mr. Carlson also noted that Section 140 of the charter refers to fixing salaries by the Board of Aldermen. Alderman Gowan stated that this section also deals with the setting of bonds. The City Manager stated that we have a procedure to follow in arriving at salary ranges according to duties, responsibilities , and qualifications. It was decided to take up the second part of Alderman Mathis ' request at this time. Moved by Alderman Mathis that Department 016 not be established as a separate cost center, but that it be accounted to Department 011. Motion seconded by Alderman Ryle. Alderman McAlister still questioned the validity of dictating this change in the budget. Moved by Alderman Mathis that the question be called on his previous motion. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Ashbrook, Ryle, and Mathis Nays: Aldermen McAlister and Gowan The motion to place the director of budget and research into Department 011 was carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Ashbrook, Ryle, and Mathis Nays : Aldermen McAlister and Gowan Open salaries of directors and certain department heads were mentioned by Alderman Garcia. Moved by Alderman Garcia that directors receive a five percent increase, and that the police and fire chiefs receive the salary according to Mr. Fox's recommendation. Motion seconded by Alderman Mathis. Alderman McAlister objected, stating that discussion on these matters on personnel and salary should be held in closed session. H. P. Hodge reviewed the open meetings law, which pointed out that these matters are not required to be heard in a public meeting, but it does not say that it cannot be done. Moved by Alderman McAlister that the Board of Aldermen go into executive session to discuss salaries. Motion seconded by Alderman Gowan, and carried unanimously. The meeting resumed at 10:15. Alderman Garcia withdrew his previous motion. Moved by Alderman Garcia that the open salary plan as recommended by Mr. Fox be adopted. Motion seconded by Alderman Ashbrook, and carried unanimously. Alderman Mathis amended his previous motion regarding salary ranges of the Assistant City Clerk and Director of Budget and Research, as follows. Moved by Alderman Mathis that the salary of the Assistant City Clerk be be set at Range 56 now, and 59 in January. Motion seconded by Alderman Ashbrook, and carried unanimously. Alderman Ryle stated that he is not satisified with the Data Processing report. 230 Item 4a, cont'd. He stated that he wants to see an overall reduction of spending, especially in the data processing department. He is not interested in seeing lower paying positions deleted in one department and transferred to higher paying positions in the data processing department. He is interested in cutting government costs. The motion for passage of Ordinance No. 3124 was carried by the following vote: Ayes.: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None A proposed ordinance was presented setting the tax rate and levying taxes. ORDINANCE NO 3125 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 1976-1977 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 Ryle that Ordinance No. 3125 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Alderman Ashbrook expressed his pleasure of being a part of this Council in lowering the tax rate from $1.22 to $1.05. He praised the staff for their efforts. Item 4b The public hearing was opened on hazardous structures. No one desired to be heard. ORDINANCE NO. 3126 ORDINANCE CLOSING HEARING AND. FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Ashbrook that Ordinance No. 3126 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None (Alderman Mathis was out of the room) . Item 4c Lone Star Gas Company's rate request was discussed in length. The City Manager presented his recommendation, and David Liles, of Lone Star Gas Company, presented his proposal. Mr. Fox proposed an increase in rates amounting to eleven and one-fourth cents per million cubic feet. Lone Star Gas proposed a rate increase of twenty and one-half cents per million cubic feet, based on fair value rate of return on their investments. Mr. Liles stated that the City and Lone Star Gas Company used different methods of determining net book cost and net replacement cost. Alderman Garcia inquired concerning the discount if paid within 15 days. The City Manager stated that it is not really a discount, but a penalty. Under the new ordinance it is suggested that it be reduced to five percent. Alderman Ashbrook inquired if we were ever going to reach a point where we can level out and not expect continued increases in utilities? Mr. Liles noted that perhaps we will eventually, but not within the next few years. 231 Item 4c, cont'd. Alderman McAlister inquired into depreciation costs. Mr. Liles stated that they have made observed depreciation studies in their own business, and that he believes there is enough difference in what the City proposed and what they have proposed to make it worth their time to actually show the depreciation. Alderman McAlister stated that if we want to continue to have gas service, that we have to let them have a reasonable revenue increase. Alderman Mathis stated that the history of appeal with the Railroad Commission is that they give the gas companywhattheyareasking. It was the Council 's desire that a compromise be reached between the City and Lone Star Gas. Moved by Alderman McAlister that action be deferred on this rate schedule until the next meeting. Motion seconded by Alderman Ashbrook, and carried unanimously. Mayor Boyd recognized Mrs. Lola Ashbrook, mother of Alderman Ashbrook. Item 5a Discussion was held on administrative plan for Section 8 Housing Assistance Payments Program. Stephen Ondrejas, Director of Planning, recommended that it be operated by the City because the City will remain solely responsible for it, regardless of who operates it. Jane Irwin, Social Secretary at the Salvation Army, appeared for Captain Harwell, who is ill. They feel that the City of Wichita Falls should operate this program, but they requested consideration in referral and pre-application processing. Angus Thompson stated that CAC would work with anyone. They have outreach workers already available. Henry Dvorken appeared as President of Courtman Management Company. He feels the City should not be in a business which could be handled by private enterprise, such as property management. He feels the City is not including all costs. Alderman McAlister inquired how familiar he is with Section 8 Housing requirements. Mr. Dvorken stated that it is similar to other programs, such as the 236 program. He stated that he believes there will be some problem in finding units for this program. He feels there is a need, but we also must have the capacity to buy. He stated that if he could not break even then he could not operate it. The City Manager noted that the 236 program was primarily to construct units and not to find suitable tenants. Mr. Dvorken stated that theyhadtopresentaplantoHUD. They also made talks to minority groups, and they have a continuing outreach program. It was noted by the Mayor that Alderman Mathis is unable to participate in discussion or voting on this matter because of private clients. Nathan Brown, 710 Brook, stated that rents were scheduled by HUD office to calculate no contributions paid by the recipient, but the recipient could contribute up to twenty five percent of his income. The City Manager inquired of Mr. Brown if he would be willing to manage the property for $200.00 per unit, plus $15.00 per occupied unit. Mr. Brown stated that he would be hesitant at this time to take it on that basis due to education of the property owners. Moved by Alderman Ryle that we authorize a contract with CAC for Section 8 housing. Motion seconded by Alderman Garcia. Alderman McAlister stated that he would prefer it go to a private firm. He does not feel that CAC has any more experience in finding units than the City of Wichita Falls. We need someone more capable of finding housing. Alderman Ryle mentioned possible conflicts of interest by a private firm. Alderman Gowan stated there are two problems; one is to find the people to take the units, and the second problem is to find the units that are in the market value set by HUD. Alderman Gowan feels that CAC can find the people, and private industry can find the property. 232 Item 5a, cont'd. The motion was carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Ashbrook, and Ryle Nays : Aldermen McAlister and Gowan The Board of Aldermen recessed at 12 :45 P.M. , and the meeting resumed at 1 :05 P.M. Item 5b Judge Albert T. Nice presented a report on the municipal court, and requested an additional person to work with the court in the area of traffic safety. One person is needed to administer two new programs. The first program would involve follow up on a defensive driving course for repeated violators, and the second is a drivers license advisor program to assist unlicensed drivers in obtaining a license. Judge Nice explained that he proposes to increase the penalty for repeated moving traffic violations. Total personnel costs would amount to 6,993.24. Moved by Alderman McAlister that the proposal be accepted because excess fines will offset the cost of the program, in the amount of $6,993.24. Motion seconded by Alderman Garcia, and carried unanimously. Item 6a Discussion was held on a proposed ordinance requiring the installation of smoke detection devices in residential type occupancies. The City Manager explained that statistics show that the majority of deaths resulting from fires are caused by smoke inhalation and asphyxiation rather than burns to the body. Alderman McAlister stated that he feels it is a worthwhile thing, but does not feel it should be a mandatory part of the structure. Hurshel Johnson, Fire Chief, endorsed the proposed ordinance, stating that more than fifty percent of the cities in the United States have it in some form. Henry Dvorken, owner-manager of 100 multi unit dwellings, stated that he would object to requiring owners of existing property to install them. He requested that no retroactive rules be employed on existing structures . On new construction the expense would be minimal, and he had no objection to its use in new construction. Mrs. Louvre stated that we cannot play games with the life of anyone. Nathan Brown stated that North Texas Rental Property Association cannot support the ordinance on existing structures, but would not object to it on new construction. Bob Seabury appeared as builder, manager, and owner of apartments. He does not object to adding smoke detectors to new construction, but does object to putting them in existing structures. Earl Potts, Fire Marshal, stated that he feels the Southern Standard Building Code is inadequate because it does not require these devices. They will also save some losses from fire because of earlier detection. Moved by Alderman McAlister that we not accept Ordinance No. 3127. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 233 Item 6b A proposed ordinance was presented increasing transit fares. Mr. Ilschner noted the routes. It was also explained that 46 percent of the ridership is made up of work trips, 13 percent shopping, and the remainder is involved in school, business, social services, etc. The ridership is made up primarily of low income, elderly, and handicapped. Alderman Ryle feels that all costs for charter service should be included, such as overhead and administrative costs. The City Manager stated that a transit report will be completed in 30 to 60 days, and a study of the charter service will also be added to this report. ORDINANCE NO. 3127 ORDINANCE AMENDING PARAGRAPHS (1) , (2) , (3) , AND (4) , AND ADDING NEW PARAGRAPHS (5) , (6) AND (7) , OF SUBSECTION (b) OF SECTION 2-98 ESTABLISHING BUS FARES, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3127 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 6c A proposed ordinance was presented changing the Council meeting from November 16, 1976 to November 23, 1976. ORDINANCE NO. 3128 ORDINANCE CHANGING DATE OF SECOND MEETING OF THE BOARD OF ALDERMEN IN NOVEMBER, 1976 FROM NOVEMBER 16TH TO NOVEMBER 23RD. Moved by Alderman Gowan that Ordinance No. 3128 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None j' Item 7a A proposed resolution was presented approving the purchase of right-of-way on Kell Freeway project. RESOLUTION NO. 1862 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 : Kell Freeway--Project 52-380 Warranty Deed Lot 8, Block 15 of I. Jalonick Addition 234 Item 7a, cont'd. Lot 5 , Block 15 of 1 . Jalonick Addition Lot 7, Block 6 of 1. Jalonick Addition 4706 s.f. of Lot 9 & 10, Block 7 of 1. Jalonick Addition Lot 10, Block 17 of 1. Jalonick Addition Combined total of values approved in this resolution 51,052.00 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 Garcia that Resolution No. 1862 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Alderman McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None v/ tem 7b A proposed resolution was presented urging early support and implementation of the Lake Wichita-Holliday Creek flood control project. RESOLUTION NO. 1863 RESOLUTION URGING EARLY ACTION BY CONGRESS AND THE U.S. ARMY CORPS OF ENGINEERS ON LAKE WICHITA AND HOLLIDAY CREEK FLOOD PROTECTION PLAN. WHEREAS, there is an urgent need for the construction of flood control improvements on Holliday Creek in Wichita Falls; and, WHEREAS, the United States Army Corps of Engineers has made an investigation of this problem, and has proposed a plan for flood protection, providing for rebuilding the Lake Wichita dam and constructing a channel along Holliday Creek from the dam to the Wichita River; and, WHEREAS , local interest strongly support this project, and such local interests desire that this plan be carried forward with all possible speed ; and, WHEREAS, the local interests are informed that the implementation of this plan requires many steps by the Corps of Engineers, Congress and other agencies , as a result of which the construction of such project is more than eight years away; and, WHEREAS, during this interim period floods continue to occur in Wichita Falls on Holliday Creek and its tributaries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen urgently requests that early action be taken by Congress, the Corps of Engineers and all other involved agencies on the Lake Wichita and Holliday Creek flood protection project, and that this project be moved toward construction and completion with all possible speed. Moved by Alderman Ryle that Resolution No. 1863 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 235 Item 7b, cont 'd. Alderman Ryle inquired if any action could be taken on further consideration r of McGrath Creek watershed . Ernest Lillard explained that construction should begin soon on this project. Alderman McAlister inquired if he had adequately determined that the McGrath problem would not put more water on someone else. Mr. Lillard stated that it would get there quicker, but there is no way to determine exactly what will happen. Alderman Ryle suggested that trees and weeds 4 be removed from Holliday Creek channel during the winter, and maintain the ditch right-of-way. Mr. Lillard stated that they have no equipment available to them to get into Holliday Creek. Alderman Ryle felt that cleaning out the channel by a labor force would have some effect on the citizens who live on it. Alderman Mathis felt that we should look into the possibility of diverting the water from Kemp along its natural flow down Lake Road to Holliday Creek. Ed Ilschner noted that the Army Reserve sometimes does work on a home station basis, and he wondered if there were any work restrictions. He stated that he would investigate this possibility, and report back to the Council. It was also requested that a volunteer effort be looked into. Mayor Boyd noted that he had received a letter from Mrs. Edith King, 2405 Clayton Street, regarding the McGrath Creek problem. Item 7c c Discussion was held on establishing charges for alley paving. City Clerk Gerald Carlson noted a conflict in the two resolutions which we have pertaining to this matter. It was also felt that advance payment requirement of owners of at least 50 percent of the abutting property be made in order to eliminate forced participation of others by perhaps one or two property owners who put up 50 percent of the total cost. Interest was also discussed. RESOLUTION NO. 1864 RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 1829 WHICH ESTABLISHED POLICY GOVERNING PAVING OF ALLEYS. WHEREAS, there appear to be certain discrepancies between Resolution No. 1829, which established policy governing paving of alleys, and Resolution No. 1596, which set alley construction rates and provided for method of payment; and , WHEREAS, it is considered advisable to resolve this apparent discrepancy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1 of Resolution No. 1829 is hereby amended to read as follows : SECTION 1. The following policy is hereby established, governing the paving of alleys in the City of Wichita Falls, Texas. A. When an alley is paved under this program, it will be paved by City forces , and the abutting property owners and users of refuse collection service shall pay for same on the following basis : for those property owners and refuse collection service users who pay their part of the costs for the alley paving in advance or within thirty days after the paving is completed, the rate shall be 1.75 per foot; for those who do not pay within thirty days after the paving is AINO completed, the rate shall be $1.97 per foot, payable over a thirty-six month period. In no event however, shall anyone making installment payments be charged more than ten percent per annum for that option. B. When an alley is to be paved for the container collection system, the Public Works Division shall mail written notice thereof to abutting property owners and refuse collection service users not less than thirty days prior to the beginning of the paving construction; such notice shall show the amount of the charge against each owner or user, based on the length of the property abutting alley. Such notice shall also show that, if such charge is not paid within thirty days after the paving is completed, an increased charge to cover the costs of collection and handling will be added to their City utility bills in thirty- six equal monthly installments. 236 Item 7c, cont'd. C. If the owners of at least fifty percent of the abutting property in a block other than one provided for in B. above, desire that the alley in such block be paved, and they pay their part of the cost of such paving in advance, the alley will be paved by City forces, and the abutting property owners and refuse collection service users will be charged therefor at the rate set in A. above, based on the length of their property abutting the alley. Prior notice shall be given to the owners and users as provided in B. above, informing them of their payment options. If any owner or user who made an advance payment, paid more than the charge attributable to his property, then he will be reimbursed for such excess payment from collections received from the other owners and users, after the City has first been paid one hundred percent of the cost to be borne by the owners and users." Moved by Alderman McAlister that Resolution No. 1864 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 8 Moved by Alderman Ashbrook that minutes of the meetings of the following boards and commissions be received. a. Planning Board-September 8 and 16, 1976 b. Park Board-September 28, 1976 c. Citizens Traffic Safety Council-September 1 , 1976 d. Mayor's Commission on Status of Women-September 1, 1976 Motion seconded by Alderman McAlister, and carried unanimously. Item 9a Li A Citizen Participation Plan was presented by Stephen Ondrejas, Director of Planning. It has been prepared in order to comply with requirements to obtain community development funds. Neighborhood meetings would be attended by the Mayor or Mayor Pro tem and one Alderman. Public hearings will be held on November 23 and December 7. Moved by Alderman Garcia that the Citizens Participation Plan be adopted. Motion seconded by Alderman Ashbrook, and carried unanimously. A proposed resolution was presented censuring Continental Airlines, and recommending that air service be maintained to the west. RESOLUTION NO. 1865 RESOLUTION CENSURING CONTINENTAL AIRLINES AND RECOMMENDING THAT THE CAB RETAIN DIRECT AIR SERVICE FOR WICHITA FALLS TO AND FROM THE WEST. WHEREAS , the Board of Aldermen recognizes the vital need for good air service for Wichita Falls to and from the west; and WHEREAS, the Aviation Advisory Board and the Board of Aldermen supported in good faith the original proposal of Continental Airlines to the Civil Aeronautics Board, that three flights with Rio Airways be substituted for the current Continental Airlines service to the north and to the west; and WHEREAS, the Board of Aldermen believes that Continental Airlines has used devious tactics in taking advantage of the good faith of Wichita Falls in a last minute substitute proposal, with its current proposal to eliminate service to the west, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 237 Item 9a, cont'd. Section 1: The Board of Aldermen strenously objects to the tactics of Continental Airlines and strongly recommends that the CAB give particular attention to the manner in which the good faith of Wichita Falls was exploited and manipulated by Continental Airlines to the violence of the interests that Wichita Falls was led to believe were being protected by Continental Airlines. Section 2 : The Board of Aldermen is unalterably opposed to the Continental Airlines proposal currently before the CAB to eliminate direct service to and from the west and recommends that CAB reject that portion of the Continental Airlines proposal. Section 3: The Board of Aldermen supports the alternate proposal to be submitted to the CAB by the City of Wichita Falls and the Wichita Falls Board of Commerce and Industry, and strongly requests the approval of the CAB. Moved by Alderman Ryle that Resolution No. 1865 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Alderman McAlister stated that he concurs with the opinion of Lanier Wilson on tax appraisal of vacant land. Alderman Mathis took exception to one statement in Mr. Wilson's letter regarding the proper method of raising taxes. Alderman Mathis stated that he felt the Board of Aldermen should have been advised sooner that the fixed base operator at the airport was in arrears on his payments in the amount of $26,000. The City Manager explained that he believes he can work it out or provide the Council with other alternatives during the month of November. Mr. Fox stated that it is a legitimate criticism, and apologized to the Council for not keeping them informed. j Alderman Gowan mentioned tennis court usage, stating that he feels two courts could be used for ].es•son& instead of one. He also feels that a large group of children in a class should not be required to pay 75 cents each. He suggested a 3.00 maximum fee for the court. Dr. Charles Parker briefed the Council on swine flu innoculations. A private doctor may not charge for the vaccine, but he may charge for his services. Clinics will open at selected schools on October 23 and 24. 1 Alderman Garcia thanked Mr. Ilschner for his quick response to the traffic problems around Wichita Falls High School. Alderman Ryle stated that he would like to see the City make a policy toward v" applying costs for sales and services which we offer. All overhead costs should be included in each presentation made. He also desired an ordinance to be drawn up to prohibit smoking in public meetings. a. Mayor Boyd commented on the tax cut of seventeen cents, stating that he feels this has been the greatest year for tax equalization in the history of the city. Of the 36,000 pieces of property on the tax roll, 20,000 are going to have a tax reduction. He commended the City Manager and department heads for their efforts. Alderman Ashbrook stated that he appreciates Mayor Boyd's leadership and honesty. The Board of Aldermen adjourned at 4:15 P.M. PASSED AND APPROVED this / q day of „. ,44jl/' , 1976. 4(0/ 7/ Mayor ATTEST: jci % w , City Clerk