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Min 04/29/1980 18 Wichita Falls, Texas Memorial Auditorium Building April 29, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Jim Thomas Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Curtis Smith Absent The invocation was given by Alderman Thomas. Item 3 Moved by Alderman Thomas that minutes of the meeting held April 22, 1980, be approved. Motion seconded by Alderman Boston, and carried unanimously. Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3654 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3654 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays : None i Item 4b A proposed ordinance was presented appropriating $50,000 for Clifford A. Bridwell claim settlement. ORDINANCE NO. 3655 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3655 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas , and Boston Nays : None 19 Item 4c A proposed ordinance was presented granting a waiver for a festival of music in the downtown area on May 10, 1980. ORDINANCE NO. 3656 ORDINANCE GRANTING WAIVER OF SECTIONS 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON MAY 10, 1980 FOR FESTIVAL OF MUSIC IN THE CENTRAL BUSINESS DISTRICT. Moved by Alderman Hampton that Ordinance No. 3656 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: None Item 5a A proposed resolution was presented authorizing grant request to Levi Strauss Company for Wood Memorial Park. RESOLUTION NO. 2512 RESOLUTION APPROVING APPLICATION FOR LEVI STRAUSS FOUNDATION GRANT. WHEREAS, the City is developing the Wood Memorial Park with the assistance of local citizens and support of local industry; and, WHEREAS, the Levi Strauss Foundation has a grant program, from which a grant is available to worthwhile projects; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for such a Levi Strauss Foundation Grant is hereby approved, and the City Manager is authorized and directed to complete and file the applica- tion for such grant. The City Manager is further authorized to execute any necessary documents to carry out and complete such grant, including the grant agreement. Moved by Alderman Thomas that Resolution No. 2512 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: None Item 6a The City Manager recommended that the time of sale of bonds on May 20 be changed to 11 :30 A.M. The procedure would be to open bids at 11 :30, and recess for sufficient time for the fiscal agent to review the bids for accuracy. He would then come back to the Council for consideration and award of the bid. The Notice of Sale will be submitted to prospective bidders next week. Alderman Traywick confirmed that we still have the right to reject the bids unconditionally up to the time we open them. Alderman Thomas noted that the prime rate went down one percent at some of the large banks. We need to get the best possible rate which we can because the difference is tremendous over a long period of years. The interest rate is substantially greater than what it was the last time we sold bonds. The City Manager asked the City Attorney to explain his findings on the matter of taking out certain wording in the water purchase contract with Red River Authority for Arrowhead Ranch Estates. City Attorney H. P. Hodge, Jr. stated that the contract provided that in the event the City required them to construct a sanitary sewer system, and they failed i 20 Item 6a, cont'd. to do so within 24 months after notification, the City could stop the distribution. It was suggested that this provision be taken out, and make an agreement on the side with the Red River Authority. Mr. Hodge stated that he has checked this point out, and it is his conclusion that such an agreement would probably be unenforceable whether it was in the contract or a side agreement. We would have to continue delivering the water to them. The City Manager stated that it would seem proper to him to get a side agreement with the Red River Authority, on a moral basis, whether or not it could be legally enforceable. We have authority to enforce public health ordinances. If our public water supply is being jeopardized, there are other ways to enforce it, rather than cutting off the water supply. It can be enforced by fines. Individual compliance, however, can be enforced, and is specifically spelled out in the contract. Mayor Hill requested that Ernest Lillard brief the two members of the Council who were unable to attend the work session on the sanitary landfill . Mr. Lillard stated that they heard some descriptions from the engineers and the health department on the permiting process of a sanitary landfill . The people in that area also voiced their concerns. As a result of testimony given, the Council would like to look at other sites to see if there are alternate sites which would be acceptable with operation and transportation costs. This information will be brought back to the Council when it is available so they can determine if they want to proceed with another site selection. Alderman Thomas inquired what Interfaith Disaster Services is doing in regard to housing for those persons displaced by the tornado who were unable to obtain funding to rebuild their homes? Roger McKinney, Director of Planning, stated that Interfaith Disaster Services has been purchasing materials, equipment, and supplies. HUD released funds about a month ago. They are taking applications for housing. An office person will be funded for taking applications, processing, scheduling and delivery of materials, etc. Mr. McKinney stated that they are trying to purchase in large volume in order to get the best price. They will probably be negotiating with suppliers for these materials. Mayor Hill noted that the Mayor of New York was instrumental in providing ✓ some funding to us from New York after the tornado. He requested that he and the City Manager present him with some kind of gift showing our appreciation while they are in New York this week. The Board of Aldermen adjourned at 9:10 A.M. PASSED AND APPROVED this- <`? ! day of -tom 1980. MAYOR ATTEST: CITY CLERK