Min 04/17/1979 160
Wichita Falls, Texas
Memorial Auditorium Building
April 17, 1979
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.
Kenneth Hill Mayor
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� Marvin Traywick �
John Hampton, Jr.
Carol Russell Aldermen
Curtis Smith
Jim Thomas
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Raymond Adcock Absent
The invocation was given by John D. Payne, All Saints Episcopal Church.
Item 3
Alderman Carol Russell was sworn in by City Clerk Wilma Thomas. She commented
on the love, commitment, and unbelievable service which she has seen demonstrated
by many people in our city within the past week following the tornado. She stated
that the oath which she has just taken has increased in significance with her, and
she looks forward with more humility in serving the citizens of our city. There
will never be enough credit given to the staff. She believes that we are indeed
keeping the faith of the City Which Faith Built.
Item 4
Moved by Alderman Thomas that minutes of the meeting held April 9, 1979, be
approved.
Motion seconded by Alderman Russell , and carried unanimously.
The following items were removed from the consent and regular agendas : 7b, 8a,
9a, 9c, 12b, 12c, 12d, 12e, 15a, and 16b.
Items 5a-9c
Moved by Alderman Thomas that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Russell .
Item 5a
ORDINANCE NO. 3451
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 3428 DELETING THE RESERVATION
OF DRAINAGE EASEMENTS.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays: None
Item 6a
RESOLUTION NO. 2326
RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF
NORTH BEVERLY DRIVE DRAINAGE IMPROVEMENTS PROJECT.
WHEREAS, the City of Wichita Falls and Timmins-Anderson, Inc. , as contractor,
entered into a contract dated May 16, 1977, wherein said contractor agreed to
construct the North Beverly Drive Drainage Improvements Project; and,
161
Item 6a, cont'd.
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, the final estimate has been submitted on this project, which final
estimate shows a total amount of work done as $39,138.44, of which $34,272.85 has been
paid to the contractor, leaving a balance of $4,865.59.
NOW, THEREFORE., BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the North Beverly Drive Drainage Improvements Project is
accepted by the City, the final estimate is approved, and the City Manager is directed
to pay to the said contractor the amount due as shown on such final estimate.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays: None
Item 6b
RESOLUTION NO. 2327
RESOLUTION APPROVING ELECTRICAL EASEMENT WITH TEXAS ELECTRIC SERVICE
COMPANY FOR FARMERS MARKET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain Electrical Distribution System Easement, a copy of which is attached
hereto, between the City of Wichita Falls and Texas Electric Service Company, for
an Electrical Distribution System Easement located on Lots 8 and 9 and the South
one-half (2) of Lot 10 out of Block 162 of the Original Townsite of the City of
Wichita Falls, Wichita County, Texas is hereby approved, and the City Manager is
authorized to execute same for the City of Wichita Falls .
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays : None
Item 7a
Bids were awarded on chemicals for water purification, as follows.
a. Sodium Hexametaphosphate - Chemical Supply Company - $33,690.00.
b. Ferrous Sulphate - Chemical Supply Company - $110.40 Ton (Bulk) ; $175.00 Ton
(Bags)
c. Silicate of Soda - Chemical Supply Company - $4.44 cwt. (tank truck) ;
McKesson Chemical Company - $8.40 cwt. (Drums)
d. Quicklime - Texas Lime Company - $111 ,120.00
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays : None
Item 9b
Minutes of the meeting of the Traffic Safety Council held on April 4, 1979, were
received.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays: None
Item 10a
Charles Purkapile, an employee at the Airport, was recognized as Employee of the
Month; however, he was unable to be present to receive his award.
Item 17a
City Manager Gerald Fox explained that additional sites for mobile homes will be
needed in spite of the fact that all land has been leased to handle federal mobile
homes. This ordinance would allow placement of the mobile homes on lots in the disaster
area to those who plan to build back on them. There will be a 90-day renewal permit,
and some progress would have to be shown that work was being done on the lot. Other
provisions of the proposed ordinance were also discussed. One year would be the limit
for these mobile homes to stay on the lots. Two hundred fifty spaces have been
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Item 17a, cont'd.
identified in mobile home parks. Two thousand to 2500 are necessary for displaced
persons. The City Manager suggested that the Council should consider only Section
One of this ordinance, and hold the other three provisions in abeyance until they
find out how many people take advantage of this, space availability, etc.
ORDINANCE NO. 3452
AN ORDINANCE PROVIDING FOR THE TEMPORARY PLACEMENT OF MOBILE HOMES.
Moved by Alderman Traywick that Ordinance No. 3452 be passed, consisting of
Sections 1 , 5, 6, 7, 8, and 9.
Motion seconded by Alderman Smith.
Ken Hanes, 4218 Berwick, inquired concerning the temporary homes set-up
regarding under pens , skirts, etc. He wondered if we could waive this on these
temporary homes? It was pointed out that the federal government has regulations
which will have to be followed on these installations. The City Manager stated that
we should follow the same specifications as the federal government has.
Charles Harper, 2501 Amherst, stated that he was first opposed to the ordinance,
but is now in favor of it.
Bob Fitzner, 4311 South Leighton, urged the passage of this ordinance. He
wondered if it could be extended for longer than a year if need be. He stated that
he is out of homes now, but can get others.
Ethel Roberts urged the council to vote for this ordinance for the security
of young children.
Don Hatfield, 4400 Tobago, urged the Council to vote for this, and requested
that they extend the 12-month period because it may take more than 12 months to
rebuild. Alderman Thomas noted that if the need is still present at the end of
12 months, they can extend it then.
The motion was carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays: None
Alderman Smith stated that he feels we should call in experts to help solve our
problems. Charles Harper has developed a disaster assistance program, and has
agreed to work to see that Wichita Falls is built back better, or to the same level .
Charles Harper stated that in all cases where tornadoes have occured, the City
Councils in those cities have set up an advisory council to see what needs to be
done in those disaster areas. He stated that we must not lose the areas as they
previously stood. Things are now happening on Southwest Parkway to try to make Faith
Village a commercial area. People are being cheated out of their property. We also
need to keep Taft Street from turning into another Kemp Boulevard. Mr. Harper
suggested that for six months no commercial property be built back on the residential
lots. He stated that legislators will act on an emergency basis to provide this
legislation within one day's time if we request it. Mayor Hill inquired if we could
do this under our present set-up? City Attorney H. P. Hodge stated that if these
were normal times he does not think we could, but the way we are now he does not know
whether we would have any problems or not. Mr. Harper stated that laws are available
to allow the City to enforce deed restrictions.
Charles Harper presented a proposed list of names to serve on this committee.
The Council went into executive session at 9:30 A.M. to discuss these personnel
matters. They reconvened at 10:15 A.M.
Moved by Alderman Smith that City Attorney H. P. Hodge be instructed to draw up
a proper resolution for a committee entitled Reconstruction and Redevelopment Committee.
This Committee will choose their own chairman,vice-chairman, and secretary. Membership
will be as follows : Charles Harper, AIA, Architect; Larry Lambert, Lawyer and Ex-
Council ; Ray Ashbrook, Ex-Council ; Jerry Estes, Finance; John Wilson, Realtor;
Elvin Dudley, Home Builder; Jacque Allen, Planning Board; Norma Crane, Park Board;
Lonnie Morrison, Lawyer and Ex-Council ; Bob Mathews , Engineer and Planner; Bruce
McLain, Finance; George Ross, Jr. , Contractor; Charles Dunham, Architect; Tommy
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Item 17a, cont'd.
Robinson, Park Board; Herb Smith, Finance; Dr. Isabell Hunt, Legislative & Educator;
Ronald Longino, Casualty Insurance; General Donnelly, USAF; Don Wills, School Board.
The resolution will be formally acted upon at the next council meeting.
Motion seconded by Alderman Thomas, and carried unanimously.
Alderman Thomas requested the City Attorney to look at the possibility of the
City enforcing deed restrictions.
Item 17b
A proposed ordinance was presented providing for prefabricated and modular homes
in the City. Discussion was held on the electrical wiring in these homes. Ernest
Lillard, Director of Public Works, stated that if the manufacturers of modular homes
would certify that it was wired in accordance with national building codes, then
they could accept it although it would not conform to our Southern Standard Building
Code.
,, ORDINANCE NO. 3453
ORDINANCE PROVIDING FOR PREFABRICATED OR MODULAR HOMES IN THE CITY OF
WICHITA FALLS.
Moved by Alderman Thomas that Ordinance No. 3453 be passed.
Motion seconded by Alderman Traywick, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays : None
Item 17c
A proposed ordinance was presented to provide for contractor's license and bond.
It was noted that this requirement was previously deleted from the Code of Ordinances ,
and this will put it back with a little different requirement than what we previously
had.
ORDINANCE NO. 3454
ORDINANCE AMENDING ARTICLE II OF CHAPTER 7 OF THE CODE OF ORDINANCES
TO PROVIDE FOR CONTRACTORS LICENSE AND BOND.
Moved by Alderman Thomas that Ordinance No. 3454 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas
Nays: None
Alderman Smith had to leave the meeting.
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Item 17d
A proposed ordinance was presented extending the state of disaster emergency for
seven days.
Robert Ewing, of the Salvation Army, appeared regarding disaster services. He
stated that they support any extension of disaster services and state of emergency.
They have served over 70,000 meals, and over 850 families have received food, clothing,
and bedding.
Tom Schrandt, County Attorney, stated that state statute authorizes cities to
pass ordinances like this. The Council might want to leave the penalty out since
state law already provides the penalty. The City Attorney mentioned substitute
wording for the penalty portion. Sections 2 and 3 were also amended.
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Item 17d, cont'd.
,,ORDINANCE NO. 3455
ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR 7 DAYS, AMENDING
ORDINANCE NO. 3450, REGULATING BEING OR REMAINING IN CERTAIN AREAS AT
CERTAIN TIMES, AND AMENDING PENALTY PROVISIONS.
Moved by Alderman Thomas that Ordinance No. 3455 be passed, as amended.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas
Nays : None
Item lla
Discussion was held on emergency street repairs. It was felt that repairs
for the streets in the areas where the tornado struck would be needed worse after
the tornado damage is repaired. It was decided to decrease the appropriation at
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this time for those streets.
` ORDINANCE NO. 3456
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. 3456 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas
Nays: None
Item 12a
A proposed ordinance was presented retaining local sales tax on gas and
electricity for residential use.
ORDINANCE NO. 3457
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ORDINANCE RETAINING THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT
ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE
IN THE CITY, AND DECLARING AN EMERGENCY.
Moved by Alderman Thomas that Ordinance No. 3457 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas
Nays : None
Item 13a
A proposed resolution was presented approving transportation planning process
and certification package.
RESOLUTION NO. 2326
A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN
TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS
WHEREAS, in the Wichita Falls area federal assistance may be requested for
1 ) street and highway construction, 2) capital and operating assistance for public
mass transportation, 3) airport improvement, and 4) transportation planning; and,
WHEREAS, Joint Certification of the Urban Transportation Planning Process by
the Federal Highway Administration and Urban Mass Transit Administration is pre-
requisite for federal capital , operating, and planning assistance; and,
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Item 13a, cont'd.
WHEREAS, the Joint Certification process requires endorsement by the Metropolitan
Planning Organization of the Prospectus, Transportation Plan, Transportation Systems
Management Element, Transportation Im rovement Program with Annual Element, and the
Unified Work Program; and,
WHEREAS, the City of Wichita Falls , Texas has been designated on June 22, 1977
as the Metropolitan Planning Organization for the Wichita Falls urbanized area through
August 31 , 1979; and,
WHEREAS, the City of Wichita Falls, Texas has accepted the designation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1 . The following documents of the Urban Transportation Planning
Process are hereby endorsed as being valid and consistent with the City of Wichita
Falls General Plan, community development objectives, overall social , economic,
environmental , system performance, and energy conservation goals and objectives:
1 . Agreements
"Continuing Phase Agreement" , dated March 29, 1973; an Agreement
designating City of Wichita Falls as MPO, dated June 22, 1977; and an
Agreement between Nortex Regional Planning Commission and the MPO,
dated January 24, 1979
2. Pro ectus
3. Title VI Statement
4. Air Quality Determination Statement
5. Wichita. Falls Urban Transportation Plan, 1970-1990
6. Annual Report
7. Transportation System Management Element
8. Transportation Improvement Program with Annual Element 1979-1980
9. Unified Work Program - September 1 , 1979 - August 31 , 1980
SECTION 2. The City Manager is authorized to execute required contracts, agreements,
and certifications for continued transportation planning activities and for the City
of Wichita Falls continuing to perform as the Metropolitan Planning Organization.
Moved by Alderman Thomas that Resolution No. 2328 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas
Nays: None
Item 13b
A proposed resolution was presented amending the Texas Parks and Wildlife Department
water purchase contract.
j`RESOLUTION NO. 2329
RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH THE
STATE OF TEXAS FOR THE PARKS AND WILDLIFE DEPARTMENT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain First Amendment to Water Purchase Contract, a copy of which is
attached hereto, between the City of Wichita Falls and the State of Texas , for the
Parks and Wildlife Department, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
166
Item 13b, cont'd.
Moved by Alderman Thomas that Resolution No. 2329 be passed.
Motion seconded by Alderman Traywick, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas
Nays: None
Item 14a
Bids were opened on oil and gas leases at Lakes Wichita and Kickapoo. Two
bids were received at Lake Kickapoo and one at Lake Wichita, as follows.
a. Tutthill & Barbee, Amarillo; $25.00 per net mineral acre - Royalty of
1/8 (Lake Kickapoo)
b. Burns Leasing Corporation; $25.50 per acre bonus with 1/8 Royalty
(Lake Kickapoo)
c. Expando Oil Company; $5.00 per acre on a bonus with 1/8 Royalty;
an alternate bid was submitted for $7.50 per acre with 1/8 Royalty
(Lake Wichita)
Alderman Hampton recommended that these bids be closely studied to determine
which, if any, would be in the best interest of the City.
Helen Reasoner Hutchison appeared representing Expando Oil Company. She
explained that their bid is for a non-development lease. It would be on adjacent
property, but they would want to be able to pool it with surrounding acreage.
Wayne Ferguson, of Burns Leasing Corporation, recommended that the bids be
studied.
Moved by Alderman Hampton that the bids be received, and that they be studied
by the City Attorney and be ready for consideration on May 2.
Motion seconded by Alderman Thomas , and carried unanimously.
Item 16a
Mr. Robert Gragg declined appointment to the Board of Equalization. Mr. Paul
Springer has indicated that he would accept, if the Board of Aldermen so desire.
Moved by Alderman Thomas that Paul Springer be appointed as Alternate to the
Board of Equalization.
Motion seconded by Alderman Russell , and carried unanimously.
Moved by Alderman Thomas that appointments to the Mayor's Commission on the
Status of Women be postponed until the next meeting on May 2.
Motion seconded by Alderman Traywick, and carried unanimously.
The Board of Aldermen adjourned at 11 :30 A.M.
PASSED AND APPROVED this day of 1979.
t
MAYOR
ATTEST:
CITY CLERK
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EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF .........WICHITA
That THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING
HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac—
knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant,
bargain, sell and convey unto said Electric Company an easement and right—of—way for the consttuction, reconstruction, maintenance,
operation and removal of an underground electric distribution system over, across and under those certain lands described as:
Being described as Lots 8 and 9 and the South one-half of Lot 10 out of
Block 162 of the Original Townsite of the City of Wichita Falls , Wichita
County, Texas , to which reference is made for all purposes .
The centerline of the five-foot wide easement .herein granted is described
as follows :
BEGINNING at a point in the Northeast line of above said Lot 9 , said
point being 18 feet Southeast of its North corner;
THENCE South 570 West 100 •feet to a turning point;
THENCE South 330 East 6 feet to a point.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties
for the purpose of constructing, reconstructing, maintaining, operating or removing said underground electric distribution system, and
the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed
machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or
bushes on or in the immediate vicinity of such easement strif) as may be necessary in the sole judgment of Electric Company to permit
the proper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con—
structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and
at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri—
bution system.
The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, except
that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined
by Electric Company.
TO HAVE AND TO HOLD unto the sa'd Electric Company, its succes>��,and assigns, forever. <
WITNESS OUR HANDS this ... day of ..,........./.'.Ll�. :................. 19...
THE CIT?OF WICHITA FALLS ,
ATTEST: .. �IZ ��.A ...�5?.k�PQ. .�Q�I.............................
terald G. x, City Manager
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County, Texas.
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County, Texas.
THE STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
Gerald G. Fox, City Manager , known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION
�V,xmpbxatMIK and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 1.9
Notary Public in and for Wichita County,Texas.
a� ;
FIRST AMENDMENT TO WATER PURCHASE CONTRACT
WHEREAS, under date of May 2, 1972 the City of Wichita Falls and the
State of Texas entered into a water purchase contract, by which Wichita Falls sold
water to the State of Texas under the schedule of rates established in Section 2. 0 of
such contract, which rates were subject to modification only by renegotiation of a
new contract by the City and State; and,
WHEREAS, there has been an increase in the costs of providing such raw
water under this contract, and the parties desire to amend such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Section 2. 0 of said contract dated May 2, 1972 is hereby amended
as follows:
Section 2. 0: The cost of water purchased by State shall be
based in accordance with the following schedule of rates:
All water used per month - at $.20 per 1,000 gallons.
Minimum charge of $25. 00 per month.
The new water rates can be modified only by renegotiation of a new con-
tract by the City and State.
2. The effective date of this amendment shall be for all water bills
rendered after April 30, 1979.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed on this the 1st day of May , 1979.
CITY OF WICHITA FALLS, TEXAS
BY: q4ji4q,004
City Ma ger
ATTEST:
City Clerk
TEXAS PARKS & WILDLIFE DEPARTMENT
BY: /)/44020
Ex utive Director