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Min 12/06/1977511 Wichita Falls, Texas Memorial Auditorium Building December 6, 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 Fred E. Bassett Carol Russell X Aldermen Ray Ashbrook X W. E. Ryle Jerry Mathis Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Ed Millican, Chaplain at Wichita Falls State Hospital. Item 3 Moved by Alderman Russell that minutes of the meeting held November 22, 1977, be approved. Motion seconded by Alderman McAlister, and carried unanimously. j Item 4a The public hearing was opened on demolition of hazardous structures. Melvin Moss, of Housing Code Enforcement, requested that the property at 412 Bluff be temporarily removed from the ordinance because the owner passed away on November 29, and they are in the process of appointing an executor of the estate. No one else desired to be heard. ORDINANCE NO. 3259 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 Mathis that Ordinance No. 3259 be passed, deleting the property at 412 Bluff. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 5a Proposed appropriation ordinances were presented establishing a fund for auditorium/activities center. The City Manager explained the projected costs and expected revenues. This new fund would account for all revenues and expenditures attributable to the operation of the Municipal Auditorium and the new Activities Center. The $18,500 presently budgeted in the general fund as revenue would be changed to the Auditorium-Activities Center Fund. Hotel-motel occupancy tax, revenue received from the sale of fixtures and furnishings of the Dillard Building, and interest on investing monies in the fund would also be placed in this account. This estimate would total 165,000 in projected revenues. Expenditures are estimated at $52,069. From the present Auditorium Services budget, a total of $25,573 would be charged to the Auditorium-Activities Center Fund. This would be made up primarily of the Auditorium Manager's salary, and operating costs. $3,330 would be transferred from the Building Maintenance Department for janitorial overtime and fringe benefits, and $1,325 would 512 Item 5a, cont'd. be transferred from the special items fund to support the salary increases for those two positions, which will go into effect on January 4, 1978. A total of $30,228 would be transferred from the General Fund and charged to the Auditorium-Activities Center Fund. Alderman Bassett made some inquiries concerning the interest, stating that he would like to use some of the interest for furnishings, or on the building itself. Both Aldermen Bassett and McAlister noted that the money could be reallocated at any time. Alderman Mathis clarified that we are paying the interest to Sikes Senter rather than placing it in escrow. J ORDINANCE NO. 3260 ORDINANCE AMENDING ORDINANCE NO. 3241, WHICH ADOPTED THE BUDGET AND MADE ANNUAL APPROPRIATIONS FOR FISCAL YEAR 1977-1978, TO REDUCE APPROPRIATION AND ESTIMATED REVENUES FOR BUILDING MAINTENANCE AND AUDITORIUM SERVICES. Moved by Alderman Mathis that Ordinance No. 3260 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3261 ORDINANCE AMENDING ORDINANCE NO. 3241, WHICH ADOPTED THE BUDGET AND MADE ANNUAL APPROPRIATIONS FOR FISCAL YEAR 1977-1978, TO INCREASE APPROPRIATION AND ESTIMATED REVENUES AND TO ESTABLISH AUDITORIUM-ACTIVITIES CENTER FUND. Moved by Alderman Ryle that Ordinance No. 3261 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 5b A proposed ordinance was presented making appropriation for CATV consulting services and other printing and supplies, in the amount of $7,500. ORDINANCE NO. 3262 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Bassett that Ordinance No. 3262 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6a A proposed ordinance was presented regulating signs adjacent to the roadway. ORDINANCE NO. 3263 ORDINANCE ADDING SUBSECTION (14-2) TO SECTION 7-15 OF THE CODE OF ORDINANCES, DEFINING AN ON-PREMISE SIGN AND AN OFF-PREMISE SIGN; AND ADDING SUBSECTION 18) TO SECTION 7-15 OF THE CODE OF ORDINANCES, REGULATING THE LOCATION, STRUCTURE AND SIZE OF GROUND SIGNS. Moved by Alderman Ashbrook that Ordinance No. 3263 be passed. Motion seconded by Alderman Russell. Alderman Ryle wondered what would happen if two businesses were at the same address? Ernest Lillard stated it would be handled on a case by case basis. In all probability if the property were big enough for two businesses it would be big enough for two signs. 513 Item 6a, cont'd. The motion was carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None (Alderman Bassett was out of the room.) Item 6b A proposed ordinance was presented determining the necessity for the 1977 Community Development paving program, approving plans, and authorizing the advertising for bids. ORDINANCE NO. 3264 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Ashbrook that Ordinance No. 3264 be passed. Motion seconded by Alderman Ryle. Alderman Russell inquired into the location of Collard Street, and whether it could be placed in this program? Mr. Lillard stated that it is closer to town than this project. It was also not in the public hearing on Community Development, but it is definitely on the list for next year's program. It was pointed out that an appraisal will be made by our Tax Department prior to the hearing. He feels this will be a very good test of our assessment procedure. Alderman Mathis inquired if we could do Collard Street out of revenue sharing funds and reimburse it out of CD funds? The City Manager stated that it could be presented to the Council as a general revenue sharing contract. Mayor Boyd inquired concerning a problem on Ft. Worth Street. Mr. Lillard stated that it is a matter of getting the equipment on that particular section to remove the existing paving matter. A feasibility study of Collard Street was requested by the next council meeting. The motion for passage of Ordinance No. 3264 was carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6c A proposed ordinance was presented setting refuse rates on certain properties abutting alley paving projects. ORDINANCE NO. 3265 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Ryle that Ordinance No. 3265 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 6d A proposed annexation ordinance was introduced. ORDINANCE NO. 3266 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Ryle that Ordinance No. 3266 be introduced. 514 Item 6d, cont'd. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman McAlister v Items 6e & f Discussion was held pertaining to a franchise with Southwestern Bell Telephone. The City Manager explained that Ordinance No. 3214, which was adopted on September 6, 1977, extended the franchise ordinance term four years, and increased the gross receipts payment to the City from two to three percent. Southwestern Bell disagreed with these methods, and although we believe this action to be essentially correct, it is suggested that Ordinance No. 3214 be repealed; that an order be entered refusing to renew Ordinance No. 2138 for a 4-year period; and adopt a new franchise ordinance imposing a three percent gross receipts tax, have a term of five years beginningOctober1, 1977, include two successive five-year options of renewal at the option of the City, and providing for acceptance by Southwestern Bell within 60 days. This action should clear up any technicalities. Mr. Joe Ewen appeared as District Manager of Southwestern Bell Telephone in Wichita Falls. He stated that all of these ordinances have an effect on the ability of Southwestern Bell to hold down telephone rates in Wichita Falls. He stated that the City Manager had readily admitted that the present two percent gross receipts offsets the city's cost. He noted that every business has experienced increased costs. In the last six months they have announced plans to close the business office in this area in an attempt to hold the expense line here. They are undertaking to centralize business accounts into one office. They have also recently announced that they will be closing the operator force in Wichita Falls in May 1979 because it was not operating at sufficient profit to justify its existence. They have taken steps to hold down telephone rates. He requested that the Council join with him in that effort by keeping the gross receipts at two percent rather than the three percent proposed. City Manager Gerald Fox stated that he did not know whether he admitted as readily as Mr. Ewen stated that the gross receipts tax offsets our costs, but he did say that it is very difficult to assess these costs. If it is fair to charge a three percent gross receipts for gas and electricity and CATV, that it would seem just as fair to impose this same gross receipts to Southwestern Bell Telphone Company. Mr. Ewen stated that no towns in the Wichita Falls area are collecting more than two percent. Southwestern Bell pays four percent in Ft. Worth and Dallas, and this is the highest that he is aware of in the state. The City Manager pointed out that the City received less revenue from street rental in 1977 than it did in 1976. The state utility commission reduced the local charges, but increased their revenue. The difference between the two and three percent would amount to a $21,000 increase in cost to Southwestern Bell. vORDINANCE NO. 3267 ORDINANCE REPEALING ORDINANCE NO. 3214, WHICH ALLOWED THE EXTENSION OF ORDINANCE NO. 2138 FOR A PERIOD OF FOUR YEARS; REFUSING TO RENEW ORDINANCE NO. 2138. Moved by Alderman Ryle that Ordinance No. 3267 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3268 AN ORDINANCE WHEREBY THE CITY OF WICHITA FALLS, TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED. Moved by Alderman Mathis that Ordinance No. 3268 be introduced. Motion seconded by Alderman Ryle. 515 Item 6e & f, cont'd. Alderman McAlister stated that he does not see any cost justification for increasing the gross receipts unless there are some reasons to use this money in the communication area for improvements. The City Manager stated that it is very difficult to make an interpretation for the land which the city provides for all utilities to provide the service. He pointed out that the City spent between eight and nine million dollars on Kell Freeway for accommodating the utility companies. Alderman Bassett stated that he agrees in principal with what Alderman McAlister has said. He stated that he has 21 telephone lines coming into his office. Recently, the City knocked the lines out with a dumpster, and they remained out for one and one-half days. The telephone company worked around the clock to repair this damage. No one billed the City or anyone else for this repair. They will be asking for a rate increase in the future. If we pass this ordinance they have a real good tool with it to work in making this request. If we keep the gross receipts at two percent, we have a real good tool to use in not allowing the request. We need to document a good reason for needing the money. We have not done this. He noted that they have done things to hold their expenses in line. Here we are without any justification raising the tax approximately $21,000. Ultimately it will come back to the people's pocketbook who can afford it the least. Alderman Ashbrook stated that he felt it would be fair to charge all utility companies the same, and he is surprised that Southwestern Bell is not happy with some of the concessions they had previously made. He feels all utility companies should be treated the same. The motion for introduction of the ordinance was carried by the following vote: Ayes: Aldermen Russell, Ashbrook, Ryle, and Mathis Nays: Aldermen McAlister and Bassett Item 7a A proposed resolution was presented raising the assessment rate for alley paving. RESOLUTION NO. 2054 RESOLUTION AMENDING RESOLUTION NO. 1906 WHICH ESTABLISHED A POLICY GOVERNING PAVING OF ALLEYS. WHEREAS, Resolution No. 1829 adopted a policy concerning alley paving procedures and Resolution No. 1864 amended that policy and established payment procedure in accordance with Resolution No. 1596; and, Resolution No. 1906 amended section No. 1, paragraph A of Resolution No. 1864 establishing the rates to be charged for alley paving; and, WHEREAS, the prices of paving materials have changed since the passage of Resolution No. 1906 making it necessary to increase the rate charged for alley paving. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Resolution No. 1906 is hereby amended so that where the rate is established at 2.00 per foot, it be changed to $2.50 per foot and where the rate is established at $2.25 per foot, it be changed to $2.82 per foot. Resolution No. 1829 and Resolution No. 1864 shall remain in force except as previously amended and as changed by this resolution. Moved by Alderman McAlister that Resolution No. 2054 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis Nays: None (Alderman Ryle was out of the room.) Item 7b A proposed resolution was presented authorizing proposals to property owners on the Kell Freeway project. RESOLUTION NO. 2055 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. 516 Item 7b, cont'd. 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 State Department of Highways and Public Transportation 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 CityManager. 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 Deeds areasfollows: Kell Freeway - Project 52-380 Warranty Deed Lot 8, Block 16, I. Jalonick Addition Lot 5, Block 3, I. Jalonick Addition Block 35, I. Jalonick Addition Lots 1 & 2, Block 6, I. Jalonick Addition Lot 10, Block 16, I. Jalonick Addition Combined total of values approved in this resolution 133,250. 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 State of Texas or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right- of-way map. The authorized price to be paid for such tracts is State approved values as determined from appraisals made by real estate appraisers employed by The State Department of Highways and Public Transportation. Section No. 3 In 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 State of Texas or the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2055 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis Nays: None (Alderman Ryle was out of the room) Item 8a Bids were considered on a three-wheel truck for the golf course. It was that the alternate bid be awarded to Colonial Motor Company in the amount of $3,190.00. Moved by Alderman Russell that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. Item 8b Bids were considered on alley containers. It was recommended that the low bid be awarded to Brillhart Body Containers in the amount of $249,872, for 1,358 containers. Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Ryle. Ernest Lillard explained that he had been to the factory of Brillhart. It is small, but they do good work. Customers he talked to have said that they are well pleased with the containers they received, and have not been late on a delivery, yet. The motion was carried unanimously. 517 Item 8c Bids were considered on alley container collection units. Pak-Mor Manufacturing Company submitted the only bid in the amount of $89,953.38, which included a trade-in. Bid requests were sent to other manufacturers who could meet specifications, but none were received. Moved by Alderman Mathis that the bid be awarded to Pak-Mor Manufacturing Company in the net amount of $89,953.38. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 8d Bids were considered on a three-wheel scooter for the parking meter department. Watson Distributing Company submitted the only bid in the amount of $4,186. Two other vendors submitted No Bids. Moved by Alderman Mathis that the bid be awarded to Watson Distributing Company in the amount of $4,186. Motion seconded by Alderman Bassett, and carried unanimously. v Item 8e & f a} Bids were considered on automobiles and trucks for various departments. Moved by Alderman Mathis that the bid be awarded to Baggett Bridwell for 18 police cars in the amount of $100,209.67 (The low bidder did not meet specifications on the carburetor, battery, and rear axle ratio.) Motion seconded by Alderman Russell. Larry Slack appeared as General Manager of Moore Ford Company. He stated that in most cases their vehicles exceed specifications, and their bid was lower. They bid some exceptions. The City Manager pointed out that a specification meeting was held prior to putting bids out, and only two dealers showed up--Baggett Bridwell and Kidwell GMC. Moore Ford had an opportunity, but they did not come. Police Chief Harrelson stated that this is the first year that we have used four-barrel carburetors. They have found them more economical. Alderman Bassett asked if it is worth $3,600 to get a four-barrel carburetor. Chief Harrelson answered that it would not be worth it on gas savings alone, but better acceleration results also. City Attorney H. P. Hodge stated that he does not understand why we have a place for exceptions on the bid form. He confirmed that Alderman Mathis is correct in that we cannot appease Mr. Slack unless they throw out all bids. The Purchasing Agent noted that Moore Ford did not meet specifications. Baggett-Bridwell met and exceeded all specifications. Moore Ford was notified of the specification meeting. The City Manager stated that specifications are for a purpose. If they want to bid an alternate they could have submitted it that way, but they did not. The motion to award the bid to Baggett Bridwell was carried unanimously. Moved by Alderman Mathis that the low bid for three staff cars be awarded to Morgan Dodge in the amount of $14,428.41. Motion seconded by Alderman Russell, and carried unanimously. Moved by Alderman Mathis that the low bid for one 6,000 GVW van be awarded to Kidwell GMC in the amount of $5,738.60. Motion seconded by Alderman Ryle, and carried unanimously. Discussion was held on eight one-half ton pickups. Morgan Dodge bid a 59 amp alternator in lieu of the 60 amp unit called for in the specifications. John Kidwell, of Kidwell GMC, assured the City that he could meet all specifications. He bid a 61 amp alternator. Morgan Dodge could have bid a 63 amp, and would have been higher than his bid if they had done so. Moved by Alderman Bassett that the lowest bid meeting specifications be awarded to Kidwell GMC in the amount of $31,578.80 for 8 one-half ton pickups. Motion seconded by Alderman Russell, and carried unanimously. 518 Item 8e & f, cont'd. Moved by Alderman Ashbrook that the low bid for two 3/4 ton pickups be awarded tovKidwellGMCintheamountof $8,549.60. Motion seconded by Alderman Bassett, and carried unanimously. Moved by Alderman McAlister that the low bid for two 9,000 GVW trucks be awarded s' to Kidwell GMC in the amount of $9,306.32. Motion seconded by Alderman Bassett, and carried unanimously. Moved by Alderman Russell that the low bid for a 10,000 GVW truck be awarded to Kidwell GMC in the amount of $7,838. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman McAlister that the lowest bid meeting specifications be awarded to Kidwell GMC for three 15,000 GVW trucks in the amount of $19,680. Motion seconded by Alderman Mathis, and carried unanimously. Moved by Alderman Russell that the low bid for four 23,000 GVW trucks be awarded to Kidwell GMC in the amount of $29,180. Motion seconded by Alderman McAlister and carried unanimously. Item 9a vi Permission was requested to advertise for bids for an articulated wheel type loader for the Utility Equipment Services Department. Moved by Alderman Bassett that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ryle, and carried unanimously. Item 9b Permission was requested to advertise for bids for a backhoe with front end loader for Water Distribution Department. Moved by Alderman McAlister that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Bassett, and carried unanimously. v/ Item 10 Moved by Alderman Mathis that minutes of the meetings of the following boards and commissions be received. a. Park Board - November 29, 1977 b. Aviation Advisory Board - November 23, 1977 c. Mayor's Commission on the Status of Women - November 3, 1977 Motion seconded by Alderman Russell, and carried unanimously. y Item lla Ernest Lillard gave a report of the findings of the two appraisers for the CityViewHeightsAssessmentPavingProgram. Only one change was made, and that was in the assessment for Samuel Gibbs for Lot 1, Block Q, which was reduced $412.10. Letters have been sent to the property owners involved, indicating the results of this reappraisal. Moved by Alderman McAlister that the recommendations of the two appraisers be accepted. Motion seconded by Alderman Russell, and carried unanimously. 519 v Item llb Discussion was held on the petition for de-annexation of Lake Arrowhead. Frank Douthitt appeared representing the petitioners in this matter. He stated that they are prepared to give additional information showing that a majority of the registered qualified voters have signed the petition. It was decided that the City Clerk, City Attorney, and Mr. Douthitt would recess to the Conference Room to study the additional information. The Assistant City Clerk recorded the minutes as the Council continued their agenda items. Item llc Moved by Alderman Ashbrook that Bill Gowan be appointed to the Charter Revision Commission to replace J. Walter Friberg, and that Alderman McAlister replace former Alderman Bill Gowan on the Commission as the Council representative. Motion seconded by Alderman Bassett and carried unanimously. The City Manager asked for any suggestions that the Council would like the Charter Revision Commission to look at and consider for possible changes. Alderman Mathis stated he would like to see laws that are obsolete be taken off the books. Mayor Boyd stated he would like the phrase "Board of Aldermen" changed to "Council" with a provision for the females to be addressed as councilwomen. Mr. Fox suggested looking into the requirement of adopting the budget at the beginning of the fiscal year. Item lld Angus Thompson appeared for the Community Action Corporation requesting funding of 12,000. City Manager Gerald Fox explained the actual funding was for $20,000, but because the CAC's fiscal year was different than the City's, $12,000 would be appropriated by this Council and the remaining $8,000 would be appropriated by next year's council. Alderman Russell suggested the $12,000 be appropriated out of the money received from the auction at the Dillard building. The City Manager stated even though there are no restrictions on the $30,000 received from the auction, he suggested not using the money for any project other than the Dillard building. Alderman Ryle stated we should not bind next year's council to approve the $8,000 and the CAC not receive the money because the next council does not agree with this council. We should expend the $20,000 at this time. Alderman McAlister was opposed to funding this out of the general revenue sharing fund. It should be funded out of operating funds of the tax base of the community. Moved by Alderman Ryle to fund the $12,000 out of the general fund, and an ordinance be prepared for consideration at the next meeting. Motion seconded by Alderman Russell, and carried unanimously. Alderman Bassett clarified that we are not making any promises for the $8,000 for next year. Item lle Rick Gearheart appeared representing D & D Sign Co. , & other sign companies regarding the sign ordinance that had been passed earlier in the meeting. He objected to Section 2(i) & (j) of the ordinance, stating this would cause problems to future businesses as well as to present businesses for the people who want to modify their signs. The main concern is the individual merchant. He is trying to attract as much business as possible. One business he is dealing with needs a 3-sided sign because of the business location. The City Manager stated this provision would not prevent that. Ernest Lillard stated we are addressing problems we have seen occur, and are trying not to let happen again. The main thing is that we are interested in not having a structure that will obstruct the view. Mayor Boyd suggested that Rick Gearheart's group get together and write a letter with their exceptions and modifications, and send it to Mr. Lillard. Ernest Lillard stated this ordinance could be a matter of interpretation, and he would be glad to reduce to writing the interpretation on the various questions Mr. Gearheart may have. Mr. Gearheart was agreeable to this. 520 Item lle, cont'd. Alderman McAlister asked if this ordinance takes into consideration the large signs the oil companies have. Ernest Lillard stated that location is immaterial to them because they are so high. Oil companies are after the height instead of front location. Alderman McAlister inquired concerning the continuous left turn study implementation. Ed Ilschner stated they are presently involved with a traffic signalization construction program at this time. They have already set their priorities; however, when this is completed they will begin the continuous left turn study. Alderman McAlister requested the Traffic Department take a look at the traffic f` , signal at Midwestern Parkway and Hampstead. When traveling east the green arrows shows an option of going straight or turning right; however, there is nostreet to the right, only a park. Ed Ilschner stated he was not aware of this, but he would look into it and have it corrected. Alderman McAlister brought up the subject of the no parking signs on Avenue K and Old Seymour Road. Even though this had been defeated earlier, the traffic volume is very heavy. He suggested a time frame of having no parking signs put there. He also asked that Avenue K across Kemp be looked at since it, too, is heavily traveled. Ed Ilschner stated another study would be done and then taken to the Traffic Commission. Alderman Mathis inquired about the status on McGrath Creek. Ernest Lillard J stated they are about 90% through, after having one crew and sometimes two crews working on it. About 60 days remain to finish the project. Mayor Boyd asked if we could do it all over again, would we do it in-house. Mr. Lillard stated considering cost, there could be no other way except in-house. Alderman Mathis inquired about the delay in completing the playing surfaces at Hamilton Tennis Center. Bill Hursh, Director of Parks, stated the contractor, Timmins-Anderson, estimated 69 days to complete the project, which will be up December24. He stated he was not pleased with the delay, either. Alderman Russell offered her congratulations to those concerned on the completion of the paving of the 1100 block of Buchanan Street between 9th and 10th. Alderman Russell asked if funds were available for the mural at the airport and if a tentative agreement had been made with the person she had recommended. Ed Ilschner reported he had been working with Mahlon Hill, Building Maintenance, and the airport manager. The funds are available in the maintenance account. They plan to contact the person that was recommended this week and discuss an agreement. The City Manager stated he has contacted the Backdoor Theatre and has discussed a possibility of murals in other buildings. Alderman Russell asked if any contact had been made with the State Highway f' Department on the possibility of utilizing some of the parkway. The City Manager stated it had been assigned to the staff. Ed Ilschner stated this has been discussed with them. Bill Hursh, Director of Parks, stated he had been in contact with them byletter. Alderman Ryle requested the Traffic Department look into the speed limit on Taft in front of the University. Even though it is posted at 30 MPH, you still practically get run over. Alderman Ryle stated he believed the Arts Commission has been sidestepped, and would like to see some recommendations from the staff for proposed membership, and getting some community involvement, and also some guidelines to be administered, and then decide on the budget. Alderman Ashbrook reported on the Mayor's appointment of he and Alderman Ryle to look into the liability of the City concerning Skateboard Hill. They have decided the City is not liable. They also checked into the broken water main at 1700 Taylor and 521 could not see where the City is liable. It was Alderman Ashbrook's understanding that most of these people probably have insurance. Alderman Ryle stated he had discussed no-fault insurance with the City Attorney and was told it could be bought, but would be very expensive, and not a viable option. Alderman Ashbrook requested an executive session to discuss personnel matters. Item lib, cont'd. 1 A Mayor Boyd inquired how we have the right to protect our territory if we do not have control of the property? The City Manager stated that the key is that we own the property, whether it is in the city limits or not. The City Attorney explained that our choices are to take affirmative action to de-annex, or not to take any action. If within three years after annexation the City has failed to provide services equal to other parts of the City, they can petition for de-annexation. After that, they can go into court. Mr. Douthitt stated that a previous council agreed to put a water system out there. ORDINANCE NO. 3269 AN ORDINANCE DECLARING CERTAIN TERRITORY EXISTING WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS AS NOT SUITABLE OR NECESSARY FOR CITY PURPOSES; DESIGNATING SUCH TERRITORY AND DISCONTINUING THE SAME FROM AND ELIMINATING THE SAME AS A PART OF THE CITY OF WICHITA FALLS; PROVIDING THAT SUCH ORDINANCE SHALL NOT AFFECT THE RIGHT AND POWER OF THE CITY OF WICHITA FALLS TO PROTECT ITS WATER SUPPLY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that the ordinance be accepted, and move for disannexation. Motion seconded by Alderman Bassett. Alderman Mathis stated that twelve years ago he was opposed to annexation of Lake Arrowhead. He now has some questions about it. Will we create another Lakeside City? He would like to look at it closer before he is ready to vote. Alderman Ashbrook stated that he feels the same way. Perhaps we may be hasty, and wonders if it would be in the best interest of the citizens to do it today. Maybe we should have a work session. Alderman Bassett feels that we have made some commitments which we have not met. City Manager Gerald Fox disagreed with Mr. Douthitt's comment that some city council had promised them a water system. There has been no definite commitment to put it in. An engineering study made several years ago indicated it would cost from $200,000 to $800,000 to put it in. We are talking about a half million dollars to install it. Even if we did put in the water system the total cost of it would be paid for over a five-year period by the people who live out there. Alderman Ryle feels we may be a little bit hasty. The City Manager suggested that we place this ordinance on the December 20 meeting, and the same purpose could be accomplished before January 1. A substitute motion was moved by Alderman Ryle that action on this matter be postponed until the December 20 meeting, and that the staff provide a list of reasons for both annexation and de-annexation for them to consider. Motion seconded by Alderman Ashbrook, and carried unanimously. The Board of Aldermen adjourned at 1:25 P.M. i PASSED AND APPROVED this _ ) day of i L ce/[,.. 1977. 4/4/ 172/24—Z.A(***- .' s MA OR ATTEST: tom`CITY CLERK