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Min 10/19/1976238 Wichita Falls, Texas Memorial Auditorium Building October 19, 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 Dr. Guillermo Garcia Bill E. Gowan 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 John Muir, First Christian Church. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held October 7, 1976, be approved. Motion seconded by Alderman Mathis, and carried unanimously. v Item 5a Walter Garrett, an employee of the Health Department, was honored as Employee of the Month. Mayor Boyd presented him with a plaque of appreciation, along with two tickets each to a movie and a meal. Item 4a The public hearing was opened on consideration of location of two portable classrooms in Scotland Park adjacent to Huey Elementary School. Dr. Lee Williamson, Superintendent of Schools, stated that the building presently occupies almost all of the land which the school district owns, and if this alternative is not available they would have to move some of the children away from the building. He further stated that he sees no reasonable alternative that would satisfy the needs of the school and community in which Scotland Park and Huey School are located. It was also pointed out that this use will not harm the park. The City Attorney pointed out that the City obtained the park in 1919 from Scotland Realty Company, with restrictions in the deed stating that it would be maintained as a park. There is authority in the cases that holds that when a school has the power of eminent domain there is no reason to go through condemnation proceedings. Both park and schools are public uses. With the statements from Dr. Williamson, he did not feel that any problem would arise which could not be- handled. RESOLUTION NO. 1866 RESOLUTION AUTHORIZING LICENSE TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT TO LOCATE TWO PORTABLE CLASSROOMS IN SCOTLAND PARK ADJACENT TO HUEY SCHOOL. WHEREAS, after a request was made by the Wichita Falls Independent School District for permission to locate two portable classrooms in Scotland Park adjacent to Huey School, since the space surrounding Huey School is almost totally utilized; and, 239 Item 4a, cont'd. WHEREAS, the Board of Aldermen has held a public hearing, after thirty days notice, as required by Article 5421q, Revised Civil Statutes of Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is hereby determined that there is no feasible and prudent alternative to the use of the land as requested by the School District, and such project includes all reasonable planning to minimize harm to such land as a park resulting from such use. SECTION 2. The City Manager is hereby authorized to execute a license to the Wichita Falls Independent School District, authorizing them to place two portable classrooms, one 40 feet by 50 feet and the other 25 feet by 110 feet, in Scotland Park adjacent to Huey School, which license shall continue at the pleasure of the Board of Aldermen. Moved by Alderman Mathis that Resolution No. 1866 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 4b Discussion was held on Lone Star Gas Company rate change request. This request was re-analyzed by the City Manager, who discussed the fair value rate base and rate of return. He recommended that the adjustment clauses in the proposed rate ordinance reflect a base intra-company city gate rate from the present $1.0399 per Mcf to $1.3488. The residential and commercial sale price would amount to $1.92 per Mcf. Lone Star Gas Company has also requested recovery of $283,965 which the Railroad Commission ordered them to pay to Lo Vaca Gathering Company in January 1975. This would increase the base rates four cents per Mcf. They also have requested a one-cent per Mcf charge above the base rate to be applied to all bills for a three month period in order to recover expenses paid to Lo Vaca Gathering Company as ordered by the Railroad Commission in July 1976. David Liles appeared as Regional Manager of Lone Star Gas Company. He requested that the Council approve the recovery of those gas costs which they experienced last year with Lo Vaca. In the hearing with the Railroad Commission, several cities were represented by their attorneys , and he felt that they agreed that the gas company would be allowed to recover this cost. He urged that this clause be put in the rate ordinance until those costs are recovered. City Attorney H. P. Hodge, Jr. explained that 18 cities were involved in the hearing, and that we actually got into some litigation as a result of the Railroad Commission hearing. The cities fought the Lo Vaca ruling. They agreed upon a part, but not the whole amount which Lone Star was charged. The objections raised by Aldermen McAlister and Gowan are based on the fact that the Railroad Commission had pre-empted the contractual agreements between the two parties. Mr. Hodge stated that this particular matter was not litigated, and neither does he feel that the Railroad Commission has the right to do this. AW Angus Thompson spoke on the effects of rising gas costs for the elderly and poor. Mayor Boyd stated that they are making a sincere effort to keep the costs for the minimum user as low as possible. He feels the largest user should pay a higher percentage of the cost of gas used. The City Attorney stated that the four cents adjustment for unrecovered cost is built into the cost of gas. He does not feel that we have amoral obligation to include this cost. Alderman Gowan inquired if Lone Star is in a position to go to court and try to keep from paying Lo Vaca what the Railroad Commission ordered. The City Manager stated that Lone Star probably would not challenge the Railroad Commission, but the City of Wichita Falls . Alderman Gowan believes that Lone Star is in the position to say that they won't pay Lo Vaca, and they have not done so. Mr. Liles stated that under the interlocatory order issued by the Railroad Commission, they have no appeal. He further stated that under the 240 Item 4b , cont'd. first order given by the Railroad Commission they were ordered to pay the higher cost or find other gas sources. They found other sources, and then they came back and told Lone Star that they no longer had that option, and they would have to pay the higher price to Lo Vaca for gas. Alderman Gowan does not feel enough pressure is being brought to bear on the Railroad Commission's authority to void a previous contract with Lo Vaca. He stated that he is totally opposed to the principle behind this. Mayor Boyd noted the inequity of a large contractor getting more, and the small ones have been held to their contracts. Alderman Ryle noted that the Railroad Commission seems to go along with all requests of utility companies, and they would probably get more money out of the citizens of Wichita Falls than they would under this ordinance under con- sideration today. Alderman McAlister stated that somewhere along the line this question has to be answered. Alderman Gowan feels it is worth the risks because of the principles involved. It is important to find out whether the Railroad Commission has the authority to void contracts and charge the citizens of Wichita Falls and other cities. Mr. Hodge stated that we have a procedural problem of getting to the third party contract. It seems that we cannot get to the question with the Railroad Commission. Only Lone Star can do this. ORDINANCE NO. 3129 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS, WICHITA COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. Moved by Alderman Ryle that Ordinance No. 3129 be passed, including the four cents adjustment. Motion seconded by Alderman Ashbrook. A substitute motion was moved by Alderman Gowan that the ordinance be passed, excluding the four cents adjustment. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, and Ashbrook Nays : Aldermen Ryle and Mathis Alderman McAlister stated that he feels we should write a letter to the president of Lone Star Gas Company, and their attorneys, to inform them of the reasons for not authorizing the pass through of four cents to Lo Vaca. It was agreed that Alderman Gowan and City Attorney H.P. Hodge would write the letter. Alderman Gowan stated that he would like for Lone Star to respond as to what they are doing on this particular matter. Perhaps we should put the four cents in if they can show what they are doing in this regard. Mr. Liles stated that his company would respond. Item lld Discussion was held on the request of Texas Parks and Wildlife Department for water from Lake Diversion for a fish hatchery. Moved by Alderman Ryle that the request for diversion of water for the fish hatchery be approved, and that any diversion of water not used be put back into the irrigation ditch rather than the river, if possible. Motion seconded by Alderman Ashbrook. Alderman McAlister questioned this decision, as well as the request from West Texas Utilities Company and other municipalities which may request water in the future. The fish hatchery request is for an indefinite period , and apparently the West Texas Utilities Commission request would be for 85 years. Other water contracts which we have are for 40 years. Mayor Boyd stated that the only time the fish hatchery would need water is when the City had plenty of it. If a drought occurs no water would be needed. Joe Smith stated that the hatchery is between the lake and the canal. He feels water would have to 241 Item lld , cont'd. be pumped back into the irrigation canal. Alderman Gowan noted our recent action on water stating that Joe Smith has indicated it would put us on the borderline of available water for growth projections if they grant the request of West Texas Utilities Company. Joe Tom White appeared as a representative of Sportsmen Clubs of Texas. On October 25 the Texas Parks and Wildlife Commission will meet to determine whether this would be the largest fish hatchery in the state and in the south. Alderman Gowan stated that they are not talking about costs, but the amount of water which will be available in the next 50-60 years. Joe Tom White and Charles Thomas stated that the only loss of water is through evaporation and fish use. Most of it would go back into the river. The motion was carried unanimously. A work session with West Texas Utilities Commission was set for Monday, October 25, at 2:30 P.M. Alderman McAlister felt that they needed some information on future water resources. The City Manager explained that information on past studies will be available, but there are no studies currently underway pertaining to water resources. i Item 6a V A proposed ordinance was presented changing pro rata charges for water and sewer extensions. It was noted by Joe Smith that the City does not recover all of its costs, and various aldermen questioned why. The price charged is based on contractor's costs, and approaches the break even cost. ORDINANCE NO. 3130 ORDINANCE AMENDING SECTIONS 32-70, 32-72 AND 32-79 OF THE CODE OF ORDINANCES, TO INCREASE THE PRO RATA CHARGE FOR EXTENSIONS OF WATER MAINS AND SANITARY SEWER MAINS IN THE CITY Moved by Alderman Garcia that Ordinance No. 3130 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None t/ Item 6b A proposed ordinance was presented changing the cost of sewer tap fees. ORDINANCE NO. 3131 ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 106.3 OF ORDINANCE NO. 2733, THE CITY OF WICHITA FALLS PLUMBING CODE, TO INCREASE THE SANITARY SEWER TAP FEE. Moved by Alderman Gowan that Ordinance No. 3131 be passed. a. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None Item 6c A proposed ordinance was presented adopting the 12th Edition of Control of Communicable Diseases in Man as official standard for the Health Department. ORDINANCE NO. 3132 ORDINANCE AMENDING PARAGRAPH (b) OF SECTION 18-1 OF THE CODE OF ORDINANCES, TO ADOPT THE TWELTH EDITION, 1975 , OF "CONTROL OF COMMUNICABLE DISEASES' IN MAN". 242 Item 6c, cont'd. Moved by Alderman Ryle that Ordinance No. 3132 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None V Item 6d r,: - f f A proposed ordinance was presented establishing reduced prima facia maximum speed limits in school zones. ORDINANCE NO. 3133 AN ORDINANCE AMENDING SECTION 29-91.1 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS; ESTABLISHING REDUCED PRIMA FACIE MAXIMUM SPEED LIMITS FOR CERTAIN HAZARDOUS CONDITIONS IN CERTAIN ZONES ; PROVIDING FOR THE REGULATION OF SPEED BY SPEED LIMIT SIGNS EQUIPPED WITH FLASHING YELLOW LIGHTS ; AND, DECLARING AN EMERGENCY. Moved by Alderman Garcia that Ordinance No. 3133 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 6e A proposed ordinance was presented governing the solicitation of occupants of motor vehicles by pedestrians. ORDINANCE NO. 3134 AN ORDINANCE AMENDING SECTION 29-172 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS PROVIDING THAT NO PERSON SHALL SOLICIT A RIDE, CONTRIBUTIONS , EMPLOYMENT OR BUSINESS FROM THE OCCUPANT OF ANY VEHICLE, WHILE STANDING IN THE ROADWAY, ON A MEDIAN, ON THE CURB, ON THE SHOULDER, OR ON THE PUBLIC SIDEWALK ADJACENT THERETO, OR ANY PUBLIC STREET. Moved by Alderman Garcia that Ordinance No. 3134 be passed. Motion seconded by Alderman Mathis. Alderman McAlister stated that he concurs with the minority opinion expressed that the language is too encompassing. He sees no reason to have an ordinance which says essentially the same thing as the state law. Ed Ilschner noted that newspaper boys standing on medians cause hazards. He also pointed out that roadway is defined by state law as the traveled portion of the road and does not include the median. We need to protect the motorist in the vehicle as well as the pedestrian. This ordinance is not designed to discriminate against anyone or any group, but is a traffic safety feature only. Alderman Garcia stated that several citizens of Wichita Falls have called him about this matter, hoping that the Council can do something about it. Alderman Ryle felt that the ordinance is to broad. If he had said only the median he could go along with it. Mr. Ilschner mentioned a new business on the Seymour Highway which had pedestrians on the shoulders handing out circulars to the traveling public. The motion was carried by the following vote: Ayes : Aldermen Garcia, Gowan, Ashbrook, and Mathis Nays : Aldermen McAlister and Ryle 243 Item 6e, cont'd. A proposed ordinance was presented as an emergency measure changing the date of the Council meeting from November 2, 1976, to November 4, 1976, because of the national election. ORDINANCE NO. 3135 ORDINANCE CHANGING THE DATE OF THE FIRST MEETING OF THE BOARD OF ALDERMEN IN NOVEMBER, 1976. Moved by Alderman Ryle that Ordinance No. 3135 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None Item 7a v 1 A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1867 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 17, Block 19 of I. Jalonick Addition Lot 3, Block 18, of I. Jalonick Addition Lot 10, Block 15, of I. Jalonick Addition Lot 12, Block 11, Noble's Resurvey of I. Jalonick Addition Lot 18, Block 11, I. Jalonick Addition Lot 15, Block 19, I. Jalonick Addition Lot 17, Block 15 , I. Jalonick Addition Lot 14, Block 11, Noble Resurvey of I. Jalonick Addition W.50' of Lot 1, Block 11, I. Jalonick Addn. M. 50' of Lot 1, Block 11, I. Jalonick Addn. Combined total of values approved in this resolution 97,400.00 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 condenmation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls. 244 Item 7a, cont'd. Moved by Alderman Garcia that Resolution No. 1867 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 8a was withdrawn from the agenda. Item 9a r 7 Permission was requested to advertise for bids for an annual supply of premixed concrete and bulk cement for all departments. Moved by Alderman Garcia that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9b s . Permission was requested to advertise for bids for a street sweeper and a magnetic nail extricator for the Sanitation Department. Moved by Alderman Ashbrook that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. Item 9c Permission was requested to advertise for bids for a multi-purpose grading machine for the Street Department. Moved by Alderman Ryle that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. I, Item 9d v t', Permission was requested to advertise for bids for two emergency warning sirens for Safety/Defense Department. Alderman Ryle objected to cost versus usage. Moved by Alderman Gowan that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gareia and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Mathis Nays : Alderman Ryle VItem 9e V Permission was requested to advertise for bids for construction of an extension to the animal control center. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. 245 Item 10 Moved by Alderman Ryle that minutes of the meetings of the following boards and commissions be received. a. Traffic Commission - October 12, 1976 b. Board of Adjustments and Appeals - October 1, 1976 c. Traffic Safety Council - October 6, 1976 Motion seconded by Alderman Gowan, and carried unanimously. Item lla City Attorney H. P. Hodge reported that it is his opinion that the Council would not have authority to order that no building permits be granted on McGrath Creek watershed. A permit could only be refused if it failed to meet some requirement in the city codes. No action was taken on Item llb. Item llc A progress report on the Eastside Community Center was given by Steve Ondrejas. He stated that they have completed all in-house work on the project, and the next action necessary is to select an architect to review site analysis, assist in site selection, and prepare plans and specifications. Alderman McAlister inquired concerning temporary closing of streets along the north frontage road of Kell. Ed Ilschner stated that he could investigate the cost of improving a street adjacent to the north frontage road to carry traffic to the through streets . Alderman McAlister desires to control the access on this roadway. Alderman Ryle stated that he would like to investigate the possibility of purchasing access rights from the property owners. v , Alderman McAlister inquired as to what is being done in relation to a , pornographic materials. It was pointed out that guidelines are being prepared. Alderman McAlister mentioned the seal coat program, stating that he finds V all seal coating objectional. He cited various locations where it is inferior. Ernest Lillard stated that they have had a problem with it this year which is not yet settled. He pointed out that surface overlay costs twice the amount as seal coating. Alderman Mathis reported on his recent attendance at the Hospital Board meeting. Alderman Garcia applauded the citizens who are willing to serve on boards i V and commissions, noting that we have adopted a method of rewarding those citizens who are no longer able to serve. There is a group of men, however, who have never Aat been rewarded for their efforts from the City or its citizens. This group of men is usually not bankers, attorneys, or professional men, but the average citizen. Some of these men have contributed up to 200 or 300 hours. He is talking about our police reserve. He strongly objects to the way in which these men were notified that their services were no longer available--just by a telephone call. He feels these men deserve some consideration. It does not cost the City very much. These men are willing to help for nothing. A lot of people are willing to serve. We have not been receptive to their ideas of serving the citizens . The least we can do is to honor them as we have the other members of boards and commissions. They are trained and certified by the state. We should take advantage of their services to assist the police officers of Wichita Falls. He recommended that we honor these men; that we increase the police reserve, and not disband it. 246 Item llc, cont'd. The City Manager stated that he would provide the Council with a report on their reasons for disbanding the police reserve unit. Alderman Ryle stated that he would like to see more information about it. Moved by Alderman Mathis that the meeting be adjourned. Motion seconded by Alderman Gowan, and carried unanimously. The Board of Aldermen adjourned at 12:00 P.M. PASSED AND APPROVED this day of ew„=„442_1_,,/ , 1976. L_,NAYOR ATTEST: CITY CLERK