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Min 10/03/1978 32 Wichita Falls , Texas Memorial Auditorium Building October 3, 1978 � 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. Carol Russell Mayor Pro tem Hardy McAlister Fred E. Bassett Curtis Smith Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Kenneth Hill Absent The invocation was given by Dan Heil , Northwest Assembly of God Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held September 19, 1978, be approved. Motion seconded by Alderman Adcock, and carried unanimously. Items 4a-8a Moved by Alderman McAlister that Items 4a through 8a on the consent agenda be approved. Motion seconded by Alderman Smith. Item 4a An appropriation ordinance was presented to cover deficits due to heavy water consumption and workers ' compensation costs. ($166,800) ✓ORDINANCE NO. 3376 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and Adcock Nays : None Item 5a ORDINANCE NO. 3377 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 28A OF THE HIGHLAND ADDITION. Ayes: Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and Adcock Nays: None Item 6a Authority was granted to advertise for bids on 1200 smoke detectors for residences in target sectors of the City. Funding has been obtained through the Community Development Block Grant. Fire hazard surveys will be conducted by trained personnel . Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and Adcock Nays : None 33 Item 7 /Minutes of the meetings of the following boards and commissions -were received. a. Planning Board - September 13, 1978 b. Design Review Commission - September 21 , 1978 c. Park Board - September 26, 1978 d. Wichita Falls Arts Commission - September 21 , 1978 e. Traffic Safety Council - September 6, 1978 Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas, and Adcock . Nays : None /Item 8a A public hearing on hazardous structures was scheduled for November 7, 1978. Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and Adcock Nays: None Item 9a The public hearing was opened on hazardous structures. No one desired to be heard. ORDINANCE NO. 3378 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Bassett that Ordinance No. 3378 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas, and Adcock Nays : None Item 9b A proposed ordinance was presented authorizing a temporary loan from Parker Square State Bank. ',/ORDINANCE NO. 3379 ORDINANCE APPROVING TEMPORARY LOAN FROM PARKER SQUARE STATE BANK FOR RENEWAL OF NOTE FOR PURCHASE OF T-HANGARS AT MUNICIPAL AIRPORT. Moved by Alderman McAlister that Ordinance No. 3379 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and Adcock Nays : None Item 10a Kerry Phelan, 1406 Cortex, and Keith Williamson, 4520 Shady Lane, appeared regarding plans for a Youth for Americanism program to be conducted in Wichita Falls in February 1979. They stated that at the American Legion Boys State, a resolution was adopted for this program to be administered in the public high schools in Texas. They have already gained the support of several civic clubs in town. They plan to have programs in the elementary and high schools , and also the whole city. They plan to have a city wide program in Municipal Auditorium for the public. One quality speaker will be acquired for this occasion. A choir composed of members of all high schools will sing patriotic songs. They plan to use the media to help promote Americanism week. They requested support from the Council . Moved by Alderman Bassett that the Council become involved as sponsors of the V the Americanism program, and that the fee for the rental of the Auditorium be waived. 34 Item 10a, cont'd. Motion seconded by Alderman Adcock, and carried unanimously. Mayor Pro tem Russell expressed the feeling that she feels Mayor Hill would be amenable for a resolution to support them. Alderman Bassett commended these students, asking what would any community be without its youth? Here are only two of our youth wanting to make our citizens aware of what America means to us. He addressed the Media , stating that here we have youth wanting to talk about what is great in our country. Not one camera light was on. If they had come in protest to something, every light would have been on. He stated that he hopes that when these youth come to them for help that they will give them more time than they have here this morning. ✓ Item 13a Director of Planning Steve Ondrejas commented on Depot Square contract r' negotiations. He requested permission to begin negotiations with the architect to proceed on construction design of several projects in Depot Square. He also requested permission to work with a special committee composed of one member of the Design Review Commission, Steering Committee, Project Manager, himself, and one ! member of the Board of Aldermen, to prepare a scope of services for the General Development Plan for the entire historical district. Mr. Maloney would be working ! with the firm hired for input into the General Development Plan. Moved by Alderman McAlister that permission be granted to work with a selection committee for the General Development Plan, and negotiate with Mr. Maloney on a contract for the Route Building, Little Skyscraper, Transit Terminal , and Mini-Park. Motion seconded by Alderman Adcock. I A lengthy discussion ensued on the feasibility of entering into a contract with Mr. Maloney until the General Development Plan is completed. Alderman Thomas stated that something might come up in the general plan which would show that we should not go into part of them. Alderman Thomas moved an amendment to the motion to approve preparation of a Scope of Services for the General Development Plan and delete negotiations with Mr. Maloney for the four mentioned projects. Mr. Ondrejas wanted to be able to go forward with the projects, stating that no funds would be expended until after the general plan is approved. Mayor Pro tem Russell stated that it seems we have suffered from a cart-before-the horse situation all along in this project, and she agreed with the amended motion. Alderman McAlister disagreed with the concept presented by Alderman Thomas. Alderman Bassett inquired of Alderman McAlister where the money would come from to subsidize this operation if it proved not economically feasible. Mr. McAlister stated that it would have to come out of the general operating budget. Robin King, Chairman of the Depot Square Steering Committee, agreed with Alderman Thomas ' concept of the General Development Plan, stating that they could support his amended motion. The motion was seconded by Alderman Bassett. Alderman Bassett stated that this City needs for this program to do, but even more so it needs to be successful . The City Manager questioned why the Council allocated support in excess of $100,000 before we had a general development plan, when it could have been expended for other purposes? Alderman Bassett pointed out that we are going into it step by step, and does not believe they will be cast as bad guys if they back up and look at it again. He stated that he will not vote for it until , in his judgment, it is wise. He will not succomb to pressures here. Alderman McAlister withdrew his motion. Alderman Adcock noted that one problem of governing bodies is dragging their feet. Mayor Pro tem Russell maintained that we have been out of sequence, and let's put it back in order. Moved by Alderman Thomas that we authorize preparation of a scope of services for the general development plan. Motion seconded by Alderman Bassett. I 35 Item 13a, cont'd. An amended motion was moved by Alderman McAlister that authority be granted to also negotiate with Mr. Maloney on a contract for the Route Building, Little Skyscraper, Transit Terminal , and Mini-Park, subject to finally resolving the outcome of the general development plan. Motion seconded by Alderman Smith. Alderman Thomas emphasized that if this whole thing is to succeed, it will have to have the support of everyone involved. If someone becomes disenchanted and withdraws their support, it will not succeed. Let's not spend time doing something until we have some idea of whether it will succeed. Alderman Smith stated that all we are doing in Mr. McAlister's amendment is using a part of Mr. Ondrejas ' time. We are not committing ourselves to anything else at this time. The amended motion was carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Smith, and Adcock Nays: Aldermen Bassett and Thomas The original motion was carried by the following vote: Ayes: Mayor Pro tem Russell , Aldermen McAlister, Smith, and Adcock Nays : Aldermen Bassett and Thomas ,/Item 10b Steve Ondrejas , Doc Anderson, and John Hirschi presented the history of the proposed development around Horseshoe Lake. Mr. Hirschi stated that in the original negotiations with the City, water was approved for 51 single family one acre lots. They are now asking to use all of those meters in the plan which they now have, but in a smaller area. He noted that the sewer system they plan to use may not meet city subdivision requirements, but will meet state requirements. Moved by Alderman Bassett that a maximum of 60 connections be authorized, but any subsequent connections would have to be approved by the Council . Motion seconded by Alderman McAlister, and carried unanimously. Item 1 Oc Don Stout appeared as President of Weeks Park Men's Golf Association. He presented a petition requesting the Board of Aldermen to examine certain things, as follows. 1 . Amount of budget in relation to overall condition of the course, as compared to the cost of operation for Burkburnett and Gainesville. 2. Number of rounds played as compared to number paid. 3. Number of free rounds played. 4. Feasibility of leasing golf course operation to private enterprise. He requested that they hold up on increasing the fees until they can tell whether it is needed or not. They will not fuss too much about the fees if they feel they are getting more for their money. Weeks Park needs to be in better condition. The City Manager pointed out that we have three times as many rounds played on our golf course as Burkburnett. In cities of similar comparison, our operation is as good as theirs. Alderman Smith stated that he would like to see the possibility of going to private enterprise investigated. Bill Johnson, Vice President of the men's golf association, inquired concerning the rounds. The City Manager stated that daily green fees and annual permit rounds are listed separately. This is an estimated figure based on new fees which we expect to obtain. Alderman McAlister stated that Mr. Stout would not have been here today if the course were in good shape. Mr. Fox noted that he has received opposite comments also from members of the golf association, to those made by Mr. Stout. 36 Item 1 Oc, cont'I. Gerald Carlson, Chief Accounting Officer, presented some expense and revenue course in any way, re would have to e h August 31 which showed expenses greater than the revenue. Alderman figures throug 9 Thomas stated that for us to improve the golf C0 the last two or three years The City Manager noted that he did not recall anyone coming to raise the rate regarding Weeks Park golf course i Council meeting about raising rates. Alderman Smith stated they are until they began talking to try to get ideas on what the citizens want, and how requesting a park survey other cities are operating. 270 Taft, stated that the annual membership fees for senior Charlie Morrison, percent. He stated that he can pay the fees , ised citizens erware aanumber who more than cannot pay this amount. but the er of arged C. B. Morgan, 1536 Glendale, stated there are a atmefficciencysish hicneeded are not related to the number of rounds. He noted t instructed to investigate the Moved by Alderman Smith that coursePark Board be v possibility of leasing the golf Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen Bassett, Smith, and Adcock Nays: Aldermen McAlister and Thomas to the City for the Parks The City Manager noted that the Council should their own consciences uld s r to regarding allocation of resources which they provide that it an other department. Alderman Sbecause tB d urkburnettlisnatnew,course, Department or Y compare Burkburnett and Weeks Park Golf Course which is located in 26 Weeks Park is not. ve nouryaYor Pro tem Russel and built on idea l soil conditions. encouraged the citizens to participate in the par or 27 grocery stores. item Mrs. Frances Bronaugh, a resident of Midwesterkwaarmslfubhey,cannotrequested a school crossing guard on Rhea Road have e a yeest llow light to warn motorists crossing guard, they would like to have a y then after ren of an approaching school crossing. She stated that 8hSeCondswtoccrossmake sure the traffic stops , which causes them to have less than cannot cross the concrete they get across they are still in the street because they being lined ditch. There are 126 homes in that area, and new ones are continual y built. other Adcock stated that the situation at this worse than any other an e Alderman dangerous Mrs. Bronaugh has stated. It is a very city. Mr. Ilschner has pointed out de�nnear as memo muchdas here.um that thParkeere r increase alcrossing the guardysomewhere else that is not nee Square Savings and Loan will open up their new office soon. This will also incre the traffic flow. yellow flashing be reduced to 30 Ed Ilschner stated that $3,000 would thebspeed ulim tir to install ouldonlya Y ad the light. Because it is a state highway, ck on how er hour. Alderman Bassett agreed with Alderman Adco miles p situation is. guard and flashing Moved by Alderman Bassett that an additional crossing light be put at this location immediately. guard from Ald erman McAlister stated that the logic would be to move a crossing er a location where on e is not needed so bad to this location children nto cross d then he would need $5,000 to $6,000 to bridge the ditch o street. Motion seconded by Alderman Adcock. stated that he hopes the Chief of Police will crack down on Adcock sta Alderman Mr. Ilschner could take care of this city. He also would hope that Manage location without th r pointed out that Mr. speeding in this e seventeenth guard. The City uards. Ilsch ner has four other req uests in his office right now for crossing g 37 Item 10d, cont'd. A substitute motion was moved by Alderman Smith that we immediately this corner until Mr. Ilschner has completed his at it. henta put a guard on survey, and then take another look Motion seconded by Alderman Thomas. It was further clarified that Mr. Ilschner would recommend which guard would be transferred, and submit it to the Council before he does i The motion was carried by the followingt vote: Ayes: Mayor Pro tem Russell , Aldermen McAlister, Smith Thomas, and Adcock Nays: Alderman Bassett Debbie Weatherbee stated that she would like to have her where she lives. She does not have any children in school children safe no matter years, and she wants every child safe. but will have in three Ed Ilschner stated that he would discuss the flashinglight the ditch with the highway department. He also noted that construction near the highway department will ght and bridge across when completed, probably needathis samew add type under ype of control The City Manager stated that a police car will be continue U"` Southwest Parkway area. d in the Rhea Road- ,Ite_ila - - - - - - - - - A proposed ordinance was presented amending the Comprehensive subdivision '., ORDINANCE NO. 3380 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE C FALLS, ORDINANCE 2118, APPENDIX A, CODE OF ORDINANCES, EST TIME FOR FILING AND COPIES REQUIRED FOR PRELIMINARY p CITY OF WICHITA THE COPIES REQUIRED FOR FINAL PLATS; ESTABLISHING REQUIREDABLISHING THE PLANS. PLATS; ESTABLISHING SITE IMPROVEMENT Moved by Aldermen Bassett that Ordinance No. 3380 be passed. Motion seconded by Alder Alderman Smith, and carried by the following vote: Ayes: Mayor Pro tem Bassett,Russell , Aldermen McAlister Ba Nays: None , Smith, Thomas and Adcock VIte�m llb - - - - - - - - - A proposed ordinance was presented prohibiting alcoholic be verages on school property. '"ORDINANCE NO. 3381 ORDINANCE PROHIBITING POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON PROPERTY BELONGING TO WICHITA FALLS INDEPENDENT SCHOOL DI Moved by Alderman Bassett that Ordinance No. 3381 be STRICT. Motion seconded by Aldermanpassed. Adcock, and carried by the following vote: Ayes: Mayor Pro tem Russell , Aldermen McAlister, Nays : None Bassett, Smith, Thomas, and Adcock ✓Item 11c - - - - - - - - - Discussion was held on Texas Electric rate request. The C' that this is the last day to make a final determination on Texas Electric or they will be able to implement their requestedCity Manager explained within the coporate city limits of Wichita Falls, the rate request by provide for an increase in revenues is $3a Falls. 000 The Proposed ordinance rates dwouler dnd He further stated that if the Council signs off their rate or resolution, the Public Utility Commission would ' or a 6. 7 percent revenue increase. making control by ordinance take over. 38 i i Item llc , cont'd. ORDINANCE NO. 3382 ORDINANCE APPROVING RATCHOFUWICHITALES TO BFALLSRGTDEXAS,TPROVIDINGTFOR AN IC SERVICE COMPANY IN THE ITY ONS UNDER EFFECTIVE DATE FOR SUCH RATE SCHEDULES, MODIFIPROVIDING AMENDOEDDORIWITHDRAWN,WANDH SUCH RATE SCHEDULES MAY BE CHANGED, DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3382 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Pro tem Russell , Aldermen Bassett, Smith, Thomas, and Adcock Nays: Alderman McAlister Tom Locke, Division Manager of Texas Electric , stated that the Council 's action will force them to submit it to the Public Utility Commission. v/Item 11d - Discussion was held on a request fndmfacilitiesHfop1hospital for texpansion.use of public right-of-way for overhead and undergrou Alderman McAlister stated that the alley lshaulldobe bridged aanywhere not sin than 1 3 feet 6 inches. This is the legal height for g Ernest Lillard explained that the vehicles' canegovthrougheries rthere,e not going through the alley. Sanitation Department Shiv Singh, architect for Pe,. Co;fotne10didn the top t. lof the ttunnel ed twould rbe first thought was to make it 13 6 but y sticking out of the finished grade. ramp isThey notxamind possebletwithintthea but this is existing building the only viable alternaive because they cannot have steps into the intensive care wouldunit. be placedTruck atreachcenduof be eliminated from the alley. Low clearance signs the alley, and also on the bridge itself. ghfare Alderman McAlister stated that ns13o6g asSomeone alley willsrun public it. Mr. li schner then it should not be built less than stated that truck traffic could be re-routed through the hospital 's parking lot. ./ORDINANCE NO. 3383 ORDINANCE GRANTING AUTHORITY TUNNELBETHANIANDOAPITAL PIPE TOUNNELSOVERTAND AN OVERHEAD BRIDGE, AN UNDERGROUND UNDER THE ALLEY IN BLOCK 262 OF THE ORIGINAL TOWN OF WICHITA FALLS. Moved by Alderman Thomas that Ordinance No. lifet8mebacpesseto any vehic, and adding ular section in which Bethania Hospital guarantees traffic across their parking lot to loth Street. A Nun from Bethania Hospital stated within two years they iWuld guarantee accordhnggtobecause they have to have the new operatingoom bu Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Pro tem Russell , Aldermen Bassett, Smith, Thomas, and Adcock Nays: Alderman McAlister Item Ile A proposed ordinance was presented establishing and setting fees for a food handler's training program. ORDINANCE NO. 3384 ORDINANCE AMENDING SECTION FEE AND 16-32 TDERMEOFIAN FOOD 3HANDLERE OF SCOCDERTIFICATEE OF ORDINANCES, TO CHANGE Moved by Alderman McAlister that Ordinance No. 3384 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas , and .Adcock Nays: None 39 v'I te_ m�2a A proposed resolution was presented determining the necessity for acquisition of property for Midtown 2000 project. ` RESOLUTION NO. 2235 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING LAND ACQUISITION POLICY. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1 . It is necessary to acquire the following described tracts of land for the "Midtown 2000" improvement project under the Community Development Block Grant Program, to-wit: All of Bean and Stone Subdivision of Block 240 of the Original Townsite of Wichita Falls, Texas. SECTION 2. The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the "Midtown 20001, improvement project. SECTION 3. The following procedures shall be used in the acquisition of properties for the "Midtown 2000" improvement project, the objective of which are to insure that uniform, fair and equitable treatment be afforded persons displaced as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts, to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land acquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. y B. Real property shall be appraised before the initiation of negotiations, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall establish an amount it believes to be just compensation therefor; promptly thereafter the City shall offer to acquire the property for the full amount so established, which shall be not less than the approved appraisal of the fair market value of the property. The owner shall be provided with a written Statement of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the compensation for the property acquired and the net damages or benefits to the remaining property. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of just compensation, the price will be adjusted accordingly by the appraiser. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. 40 Item 12a, cont'd. I. If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation of defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement onthe price to be paid for the property. K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of such notice of intention. Moved by Alderman McAlister that Resolution No. 2235 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas, and Adcock Nays: None ""Item 12b A proposed resolution was presented authorizing acquisition of Block 122, Original Town (old San Jacinto School property). Alderman Bassett stated that we need an agreement with Midtown Manor that they will buy the property. The resolution would be contingent upon them purchasing the property. Jacque Allen, President of Midtown Manor appeared in this regard. /eRESOLUTION NO. 2236 RESOLUTION DECLARING THE NECESSITY FOR ACQUISITION OF BLOCK 122, ORIGINAL TOWN OF WICHITA FALLS. WHEREAS, the Board of Aldermen finds and determines that there is a need for decent, safe and sanitary housing for elderly persons in the City of Wichita Falls, and that the providing of such decent, safe and sanitary housing accommodations for elderly persons is a public use and a purpose for which public money may be spent and private property acquired; and, WHEREAS, Block 122 of the original town of Wichita Falls is owned by the Wichita Falls Independent School District, subject to certain reversionary interests or possibility of reverter, and the Board of Aldermen finds and determines that it is necessary to acquire such Block 122 for the purpose of constructing thereon housing accommodations for the elderly; and, WHEREAS, the Board of Aldermen finds and determines that the fair and reasonable price to be paid for such Block 122 is the sum of $125,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is necessary to acquire such Block 122 for the purpose of constructing housing accommodations for the elderly, and such project is a public use and purpose. SECTION 2. The City Manager is hereby authorized to purchase for the City of Wichita Falls such Block 122 for the sum of $125,000. In the event he is unable to purchase such tract, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract for the City of Wichita Falls. SECTION 3. After this property has been acquired, the Board of Aldermen may determine that the best method of providing such housing accommodations for the elderly on this tract of land is by selling it to Midtown Manor, Inc. , a non-profit cooperation, which sale would be subject to restrictions and covenants which would be designed to insure that the plans for decent, safe and sanitary housing accommodations for the elderly would be carried out, and that the same would be maintained and operated for the foreseeable future. 41 Item 12b, cont'd. Moved by Alderman Bassett that Resolution No. 2236 be passed, with the provision that Midtown Manor contract to purchase from the City of Wichita Falls with full reimbursement costs. Motion seconded by Alderman McAlister. City Attorney H. P. Hodge stated that the reason the Council can purchase this property and sell it under the right of condemnation is because it is used for public housing for elderly people. The motion was carried by the following vote: Ayes : Mayor Pro tem Russell , Aldermen McAlister, Bassett, Smith, Thomas, and Adcock Nays : None Item 13b William S. Myers, 5701 Seymour Highway, appeared regarding disannexation of a portion of Seymour Highway. Bill Browning also appeared, representing several of the property owners on Seymour Highway. Mr. Browning stated that this property has been in the city limits since 1959. In the 1960's the city ran a sewer line out to Rancho Vista. He stated that there are some people who do not want to be disannexed, and he feels the City could separate those. City Manager Gerald Fox stated that the cost of providing the sewer system to sparse population areas is not economical . He further stated that we have a policy in the city to provide sewer service if the property owners agree to pay the cost of the extension. We could provide the Council with estimates of cost to construct a sewer line along Seymour Highway large enough to take care of the property owners. In order to serve this area the line would have to come all the way from Tanglewood area because of the overloaded line which comes from Fairway. Mr. Browning quoted from Section 10, Article 978 of the State Statutes regarding services to be provided by a city. Joe Smith, Director of Public Utilities , stated that the City of Wichita Falls got written intent from the people in the Rancho Vista area that they would provide the entire cost of the sewer extension. The final cost was divided up in that area to all property owners, including vacant lots. The City Manager stated that we are also talking about other property owners along the line which it would serve. If the property owners are willing to consider the cost, they can design a system to see what it will cost. They will also consider annexing the areas through which the line will go. The City Manager emphasized that sewer and water services are not tax supported. It will take 30 to 45 days to complete a study. Sam Francis , 1006 Austin, complained that mail trucks and 18-wheelers previously parked on the east side of Austin Street for 15 or 16 hours per day. His problem began occuring last April . The police department came out and said there wasn' t anything they could do because they were legally parked. He told a long story about going to jail over the parking problem. They moved the trucks and have not parked there since April . Some six-wheelers have started parking there now. He stated that he wants to know what the Council thinks about these trucks that are coming here now, and who is responsible. Ed Ilschner stated that he had received a letter from Dallas in which the writer stated that he would make his operation as quiet as possible, and would not drop trailers there. It was strictly a voluntary appeal . They could not enforce it. Mr. Francis stated that he was charged with failure to identify himself. Police Chief Harrelson stated this is the first he has heard of this , and that he will make a complete investigation. Alderman Bassett stated that he wanted to be kept informed. Ed Ilschner stated that he would check into the parking problem again. He did not know there was still a problem. Mr. Francis also mentioned a problem of getting an alley graded. Property is located at 2107 Taft. i i 42 Item 13b, cont'd. Alderman McAlister inquired about the fire protection contract with the County. The City Manager stated that apparently Judge Anderson's be not to renew it. 9 son's recommendation will Dr. Lannie Benson was introduced to the Council as the ne w Health Director. The Board of Aldermen adjourned at 1 :45 P.M. PASSED AND APPROVED this the ` ---_ -e-� day of � 1978 M OR ATTEST: 2 / CITY CLERK rn �/ I