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Min 10/04/1977459 Wichita Falls, Texas Memorial Auditorium Building October 4, 1977 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 Fred E. Bassett X Carol Russell X Aldermen Ray Ashbrook X W. E. Ryle X Jerry Mathis Gerald Fox City Manager Gary Southard Assistant City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Sheppard Air Force Base Chaplain Lemuel D. McElyea. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held September 20, 1977, be approved. Motion seconded by Alderman Mathis, and carried unanimously. Item 4a The public hearing was opened on a temporary loan from Parker Square State Bank to purchase T-hangars at Municipal Airport. No one desired to be heard. ORDINANCE NO. 3230 ORDINANCE APPROVING TEMPORARY LOAN FROM PARKER SQUARE STATE BANK TO OBTAIN FUNDS FOR PURCHASE OF T-HANGARS AT MUNICIPAL AIRPORT. Moved by Alderman Bassett that Ordinance No. 3230 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 5a s `F P James Kellett appeared for Lake Arrowhead Community Association. He had requested t a ruling from the City Attorney concerning a volunteer fire department at Lake Arrowhead. r fe" He stated they would like to get a truck out there for their use, and also a building to house it which would be large enough for it to be used for other purposes. Assistant City Attorney Gary Southard stated that it is his opinion at this time that we could not have a volunteer firefighting force co-existing with a civil service fire unit at the same time. Article 1269M, the state civil service law, has been adopted by the City of Wichita Falls. The City Manager stated that by the end of this week they would have some proposal to present to them, and would get in touch with Mr. Kellett. Mr. Kellett stated that they are willing to assist in the construction of this building if they would build it larger than necessary for the fire truck. The City Manager explained that they are looking at the cost of this type of construction. Mr. Kellett also requested additional levels of service at Lake Arrowhead. He inquired what level of fire protection has been provided in the budget? The City Manager stated that a piece of equipment will be located at Lake Arrowhead for grass and home fires; otherwise, the service will be provided, as in the past, by the nearest station in the city. Additional information has been provided to our dispatchers and stations. The City Manager stated that efforts are being made to correct the recent fire situation so that it will not happen again. Mr. Kellett also mentioned police 460 Item 5a, coned. protection, stating that it seems there is less service out there now than when they started in May. The City Manager stated that the budget provides for about the same amount of police patrol as it did last year. They provided police patrol on an overtime basis during the summer or on an as-needed basis. Mr. Kellett inquired if any additional services would be provided in the area of road and street repairs? The City Manager stated that street repair and patching will be made on an as-needed basis no matter whether it is at Lake Arrowhead or any other street in town. Mr. Kellett A felt they should be given special dispensation because the streets were not properly constructed. Alderman Ashbrook inquired if his group had considered de-annexation? Mr. Kellett stated that it has been discussed, but they have not had a show of hands. Mr. Kellett inquired if Lake Arrowhead has been platted. The City Manager stated that it has been platted from the standpoint of the city being able to lease lots. It has not been officially filed in Clay County. Special forms are signed by the financial institution in financing property out there. They need to come through the City Attorney's office for this purpose. Alderman Ashbrook inquired concerning the amount of the tax roll at Lake Arrow- head. The City Manager stated that it was about $7,500 a year on the improvements on the leased land and approximately about the same amount of money on oil. Police patrol during a six month period would amount to that much money. Other costs would be substantially more than that. Alderman Ashbrook requested a report on this matter. Judy Maag, of Lake Arrowhead, asked what difference it makes as to how much tax they pay? She stated that she has a friend who rents and pays no taxes, and she still receives city services. It was pointed out by the Council that taxes are figured into her rent by the property owner. Alderman Ashbrook stated that he wondered if they were paying more taxes than the services they were receiving. The City Manager noted that they have to figure whether it is economically feasible to provide services at the cost of the other citizens. Mr. Kellett mentioned weather sirens, wondering if they might be used for alerting for fire as well as disaster. It was noted that distinguishing between the two might be difficult. Alderman Ryle complimented Mr. Kellett and his group on attempting to find solutions to their problems, stating that this is the essence of democracy. Alderman Bassett noted that Mr. Southard's opinion might be wrong, and he feels the City Attorney's office was not expeditious in providing this information three weeks ago. The City Manager explained that any office has to set priorities. The Council desired research on whether we could give the Association the fire truck so they could provide the service themselves. Alderman Mathis stated that the issue was could we have a volunteer fire department, and Mr. Southard's opinion is that we could not, and he accepts that opinion. Item 5b Mrs. Rubie Newton appeared regarding Rosemont Cemetery. She was desirous of having a plaque installed at Rosemont to her honor, and with her own wording on it. Mayor Boyd pointed out that the City has the control over the cemetery. He stated that he would give her wording to the chairman of the Park Board. It was suggested by Alderman Ashbrook that perhaps the Council could honor Mrs. Newton with a plaque for her work at Rosemont rather than placing a plaque at the cemetery. Item 6a A proposed ordinance was presented making appropriations for the Sanitation 1 , Department for fiscal year 1976-77, in the amount of $100,000. ORDINANCE NO. 3231 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Ashbrook that Ordinance No. 3231 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 461 Item 6a, cont'd. A proposed ordinance was presented making appropriations to the transit fund in the amount of $5,000 for fiscal year 1976-77. ORDINANCE NO. 3232 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3232 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6b Proposed appropriation ordinances were presented to cover interim expenses for 9 the 1977-78 fiscal year until October 18 when the budget is adopted. ORDINANCE NO. 3233 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3233 be passed, appropriating 515,000. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None l' ORDINANCE NO. 3234 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3234 be passed, appropriating $9,200. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3235 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3235 be passed, appropriating $14,400. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3236 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3236 be passed, appropriating $210,000. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None I. . Item 7a A proposed ordinance was presented amending the Texas Municipal Retirement x'' ordinance to include certain fire department employees. 462 Item 7a, cont'd. ORDINANCE NO. 3237 AN ORDINANCE AMENDING ORDINANCE 1596, SECTION 1, PROVIDING FOR PARTICIPATION OF ALL CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, AND INCLUDING CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT NOT ELIGIBLE TO PARTICIPATE IN THE WICHITA FALLS FIREMEN'S RELIEF AND RETIREMENT FUND. Moved by Alderman Ryle that Ordinance No. 3237 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None v Item 7b Ernest Lillard, Director of Public Works, reported on bids received for the 1977 Paving Program and a portion of the 1977 Reconstruction Program. It was recommended that the contract be awarded to Timmins-Anderson, Inc. , and a public hearing be held on November 1, 1977. ORDINANCE NO. 3238 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 1977 ASSESSMENT PAVING PROGRAM AND PHASE I OF THE 1977 RECONSTRUCTION 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 Alderman McAlister that Ordinance No. 3238 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 7c A proposed ordinance was presented setting refuse rates on certain alleys. ORDINANCE NO. 3239 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Mathis that Ordinance No. 3239 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None a vTtem 8a A proposed resolution was presented authorizing the City Manager to execute a Section 9 Technical Studies Grant with the Department of Transportation. RESOLUTION NO. 2018 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECTION 9 TECHNICAL STUDIES GRANT FROM THE DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA, UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects, and WHEREAS, the Board of Aldermen has approved the filing of an application the Urban Mass Transportation Administration for a Section 9 - Technical Studies Grant, and 463 Item 8a, cont'd. WHEREAS, the Urban Mass Transportation has notified the City of Wichita Falls of approval of said applications, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a contract with the Urban Mass Transportation Administration for a Section 9 - Technical Studies Grant in the amount of $20,000 for the period September 1, 1977 to August 31, 1978. Moved by Alderman McAlister that Resolution No. 2018 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None (Alderman Mathis was out of the room.) Item 8b A proposed resolution was presented increasing cemetery fees. RESOLUTION NO. 2019 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The following prices for cemetery lots and spaces, and the following fees and charges are hereby established for municipal cemeteries: RIVERSIDE AND ROSEMONT CEMETERIES Two Space Lot 575 Adult Single Space 150 Infant Single Space 70 Opening and Closing Adult Grave 190 Opening and Closing Infant Grave 100 Overtime Charge, Saturday 100 Overtime Charge, Weekdays after 3:30 P.M. 50 Adult Disinterment 200 Infant Disinterment 100 Vault Installation 35 Lot Maintenance (Wooden Boxes) 35 LAKEVIEW CEMETERY Two Space Lot 350 Adult Single Space 100 Infant Single Space 50 Opening and Closing Adult Grave 190 Opening and Closing Infant Grave 100 Overtime Charge, Saturday 100 Overtime Charge, Weekdays after 3:30 P.M. 50 Adult Disinterment 200 Infant Disinterment 100 Vault Installation 35 Lot Maintenance (Wooden Boxes) 35 SECTION 2. This resolution shall become effective upon its passage, and Resolutions No. 1856 and 1976 are repealed as of this date. Moved by Alderman McAlister that Resolution No. 2019 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, and Mathis Nays: None (Alderman Ashbrook did not vote because of a possible conflict of interest, and Alderman Ryle was out of the room.) 464 v'Item 9a v/> f 7_ )Bids were considered on additional computer storage for IBM 370 for Data Processing _"- •-* ' Department. Pat Hamilton discussed various options, and recommended that the bid be awarded to Pioneer Computer Marketing Corporation, Dallas, Texas, in the amount of 99,500 for Option 6. Moved by Alderman Mathis that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. vTtem 10a Permission was requested to advertise for bids for an annual supply of premixed i x.. '' ' concrete and bulk cement. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Russell, and carried unanimously. A t em 11 Moved by Alderman Ashbrook that minutes of the meetings of the following boards and commissions be received. a. Mayor's Commission on Status of Women - September 1, 1977 b. Planning Board - September 14, 1977 c. Citizens Traffic Safety Council - September 7, 1977 Motion seconded by Alderman Bassett. Alderman Russell stated that the Planning Board will make further study on annexation policy before forwarding it to the Board of Aldermen. The motion was carried unanimously. Alderman McAlister reported on his attendance at Hospital Board meetings, stating that Jim Ginnings is becoming an asset to the Hospital Board. He was also impressed V with the budgeting process, and the result which they came up with. Their efforts to keep hospital costs within reason are to be commended. They are not asking for additional funds from the City or County to support it. They are moving ahead with planning for future development. The hospital is sometimes operating at more than 100 percent occupancy. Item 12a A Moved by Alderman Mathis that a public hearing on demolition of hazardous structures 7 be held on November 1, 1977. Motion seconded by Alderman Russell, and carried unanimously. Item 12b A public hearing on revenue sharing had previously been scheduled on October 4, and a public hearing on the budget for fiscal year 1977-78 had been scheduled for October 7, 1977. Moved by Alderman Bassett that the previous actions be rescinded, and that both public hearings be held on October 18, 1977. Motion seconded by Alderman McAlister, and carried unanimously. Item 12c 1 Alderman McAlister reported on the committee investigation made by he and Alderman /-e-2 ,,-r: Ashbrook into the Buford Rice allegations against the Tax Department. The committee met with Mr. Rice on August 5 and September 21. They concluded that Mr. Dowdy, a former member of the equalization board, did not receive a gift of $26,898 from the Tax Department, that the tax office does not give favorable treatment to one taxpayer over 465 Item 12c, cont'd. another, and that the property of Mr. Rice has not been discriminated against. The committee feels that Mr. Rice is satisfied with the results of the committee work. Alderman Ashbrook stated that he believes the Tax Department is doing a good job. He also stated that the Tax Department was not rude to Mr. Rice. V V Alderman McAlister questioned the stop signs in the right turn bays on the Kell north frontage road. He feels that 90 percent of the people do not stop. Ed Ilschner a stated that the highway department installed the signs, but he plans to meet with them to discuss yield signs. J r,1.' / , ; Alderman Russell inquired concerning the official status of the Depot Square steering committee. The City Manager stated that they are looking into it, and will have a formal matter to present to the council. Alderman Ryle inquired what the procedure is for collecting a fine when a person has been stopped for a traffic violation. Gary Southard explained the procedure. Alderman Ryle stated that when a person is found not guilty it is an undue hardship on him to have to wait for the cash bond to be returned to him which he had to post. He felt that if cash was required of him, then we should give him cash on the spot rather than him waiting several weeks to get it. Gerald Carlson stated that in every case where there was a hardship they demanded the check, and the person received it that day. Alderman Ryle desired that the system be looked at. 1 Kevin Connors, 4034 Gossett, appeared regarding operation of a skateboard park at the corner of Fairway and North Shore. After he opened for business three weeks ago he learned that he needed a permit. He must also have the written permission of all property owners within 100 feet, which he is unable to obtain. He requested permission to stay there until November 1. Mr. Connors had been in touch with Planning and Traffic Departments concerning the development of the property. Gary Southard, Assistant City Attorney, had notified him that he was in violation of the ordinance if he continued to operate. Mr. Southard suggested that no action be taken since this was not on the agenda, and none of the neighbors could be present to be heard. Mayor Boyd stated that it seems Mr. Connors has a legitimate complaint; that whoever is contacted at the City should get the information for him. Moved by Alderman McAlister that we not proceed with enforcement until after a public hearing on November 1. Motion seconded by Alderman Mathis, and carried unanimously. Aldermen Ryle and Ashbrook questioned the application of the solicitation ordinance to local businessmen (Glen Snyder - Kirby Vacuum Cleaners) who solicit door-to-door. The City Manager pointed out that his office and the City Clerk's office receive many complaints on door-to-door solicitors from the citizens, and this is the reason for the ordinance. The ordinance applies to all who conduct their business in that manner. Mayor Boyd read a statement concerning why the Wichita Falls Fire Department is 4 - 14 not allowed to go outside the city limits. Under Texas law a city cannot exercise its powers outside its limits without incurring liability on the part of the officials who authorized the going out of the city. State statutes authorize cities to contract with other political subdivisions to fight fires. The Board of Aldermen adjourned at 12:07 P.M. PASSED AND APPROVED this /4 w day of e-L/1977. G47f•-' MAYOR y ATTEST:t// C_TY CLERK