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Min 04/24/1979 167 Wichita Falls, Texas Memorial Auditorium Building April 24, 1979 Items--I & 2 Texas, met in called session The Board of Aldermen of the City of Wichita Falls, the Council Auditorium Building at 8:30 il Room of the Memor on the above date in members present. o'clock A.M. , with the following Mayor Kenneth Hill Marvin Traywick John Hampton, Jr. Aldermen Carol Russell Curtis Smith Jim Thomas Raymond Adcock City Manager Gerald Fox City Attorney H. p. Hodge, Jr. Chief Accounting Officer Gerald Carlson City Clerk Wilma J. Thomas The invocation was given by Alderman Traywick.— Item 2a ORDINANCE NO. 3456 A TEMPORARY ORDINANCE AUTHORIZING THE CITY TO FILE SUIT TO ENFORCE LAND USE RESTRICTIONS. passed. Moved by Alderman Thomas that Ordinance No. 3456 be P arried by the following vote. Mot ion seconded by Alderman Russell , and c and Adcock Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, Nays: None Item ?b ontrolling the issuance of building permits A proposed ordinance was presented c for othe r than single family residences to conform with deed restrictions. ORDINANCE N0. 3457 A TEMPORAR Y ORDINANCE CONTROLLING THE ISSUANRM WITH OF DEEDR ED RESTRICTIONING PERMITS O OTHER THAN SINGLE FAMILY RESIDENCES TO CONFORM Moved by Alderman Adcock that Ordinance No. 3457 be passed. as hom . Motion seconded by Alderman T his property at McNiel and 3043 Cunningham, appeared regarding the past Billy Stanford, in would like Parkway. He stated that deed restrictions have been broken during e City Southwest ut a small business on this property. several years. He would like to p the passage permits o di nanthe cdeede. Trestrictions to know what limitations there will be get permit for that property. Manager explained that he will envhetocould not getagbuilding P 9 1for 979, then he could prohibit commercial property then as of April , If there were a commercial business on this property ld in question had a single it. Mr. Stanford stated that he would like to see some qualifica- get a building perm properties This property tions put in this for individual prop family unit on it before the storm. ick stated that he had already seen some possible prior violations Alderman Traywhat to do about this? City being restored back to what it was• person cannot now nchange rfrom t sa residence towhich was Attorney H. P. Hodge stated that a p Street where it is mostly business. The ordinanceAd�ocktmentioned aosituation go back aon Kemp Alderman there before. Alderman to sell his property for commercial use. commercial , and the owner desiring he sympathizes with Mr. Stanford, but this process can Alderman , Hampton stated thatpicture.Mr. and we have to look at the overall 168 Item 2b, cont'd. Mayor Hill stilted that he does not see that we can ordinance at this time. This is exactlygrant any exceptions to this can be in control of it. the reason we have the ordinance so that we Committee will stud Alderman Smith noted that the Reconstruction and Redevelopment Stanford also inquiredst study hismatter, and provide recommendations to the Council . City Manager explained that Property concerning tax status of the homes in the disaster area. The January 1 each year, and it will bey is taxed on the improvements on the lot as of he other decisions have been made concerning taxed on what is there on January 1 , 1980. No quested that the Alderman Adcock: felt that each situation should be co He also does not feel that all houses that back u commercial , but some of them are. p againstnSouthwestnParrk aynshouldthers. stud He agreed that the Reconstruction Committee should e y these situations, and make recommendations. Henry Dvorken requested that the Council shorten the time the ordinance is in effect. He does not believe we need it for one Tom Bacus inquired if the City had looked into has this ordinance been taken into consideration? Planning Board will be nto any long range plans, and if so making some recommendations toethetCouncagerbutadoesthat the that this ordinance will add or subtract to it. He stated are not even aware of deed restrictions not see The average person does not have the money enforcnowtthaththeyocannenfor�ehthem Point for the city, e them. We are at a very crucial Ayes: Mayor Hill , Aldermen Traywick, Hampton, Nays : None Russell , Smith, Thomas, and Adcock Item c - - _ - - - - - - on lots Proposed or idance was a Presented authorizing temporary placement of mobile homes area only where deed restrictions allow and under certain other conditions. ORDINANCE NO. 3458 ORDINANCE AMENDING ORDINANCE NO. 3452 TO AUTHORIZE TEMPORARY PLACEMENT OF MOBILE HOMES ON CERTAIN LOTS OUTSIDE THE TORNADO DISASTE Moved by Alderman Thomas that Ordinance No. 3458 be R AREA. Motion seconded by Alder passed. Alderman Traywick. Alderman Russell inquired if the Planning Department has lots are located, or are the that it would u y in a random scattering? any feeling where these p to each in to find the gocathons �and ty Mmake earranle�ned for placement be the mobile home on it. g ments Ben Vineyard opposed the requirement to get a home and then renew it every 90 days. renewable .Y It was noted pthat tthe oreason m the Cfor the 90ity for a md y Permit is to make sure that construction is taking so that we won 't have a city of mobile homes. ay charge for the permit a a one-time charge, r place in the neighborhoods y The inspectors will be checking o andEheedoes�notrhaveatodcometba $5.00 charge days. p g n him. back every William L. Seals appeared from the Governor's office of disaster He introduced Linda Cohn, who is temporary housing coordi administration. She stated that there are some people who forth emergency services. will be displaced which they will have no way coordinator for the federal disaster this assistance will be are not home owners who family assistance covered b provided for only y year. wing about. They will assure that y an additional living expenses clause She fint their her tinsur insurance o a they will be required to make somePayment not have this clause will not s e edtoo the federal anse policy, this, se tin q pay anything. government. Those who do it does not stating ehat theseir Persons erso swhave a ehaaid extra Mayor Hill objected d premiums for this protection, and e to pay and some will not. ..,-Ernest Lillard pointed out that liquid propane has been authorized the City. Mrs. Cohn requested that mobile homes be with another structure on it outside the disaster area mi tobeloc for use in Permitted to be located on a lot order to provide for other 169 Item 2c, cont'd. families. They do a re-certification on evehbeenfamily identified, specifications feels arethis being ordinance limits reconstruction. Sues leases arks. If mobile homes could prepared, and bids are going out for leases to group p be tied into existing dwellings outside the disaster area, some families could be provided for. be A substitute motion was move d by Aomesmma an Sbet located h that 0outsie g outside the disaster passed with the amendment that mobile h Y area under certain conditions where an existing residence is located. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 2d A proposed ordinance was presented accepting electrical examinations and licenses for certain other Texas cities. ORDINANCE NO. 3459 WING ORDINANCE AMENDING ELECTRICAL SCODE FROM THE CERTAIN OTHERCTEXASFCITIESLWOITHOUT ACCEPTANCE OF ELECTRICAL LICEN EXAMINATION FOR A TEMPORARY PERIOD. Moved by Alderman Traywick that Ordinance No. 3459 be passed. Motion seconded by Alderman Russell . Dan Shine appeared as an electrical contractor in Wichita Falls. He inquired if this applied to both master and journeyman licenses. AdvisoryThe Board could City emeetponceed that it did. Mr. Shine stated that the Electrical each week to approve these contractors and examine their credentials if the Board of Aldermen so desire. ved by Alderman Thomas to incorporate these provisions A substitute motion was mo in Section 5 of Ordinance No. 3459. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None It was necessary for Alderman Smith to leave the Council meeting. Item 2e A proposed ordinance was presented suspending competitive bidding requirements for a temporary period. I ORDINANCE NO. 3460 ORDINANCE SUSPEfdDING COMPIVE BIDDING CHARTER ANDEQLOCALMENTS OF ORDINANCESTIRESOLUT$ONS VERNON'S CIVIL STATUTES, CITY AND POLICIES. Moved by Alderman Thomas that Ordinance No. 3460 be passed. Motion seconded by Alderman Adcock. Chief Accounting Officer Gerald Carlson quest iite was hagreed ether ttos action would investigate this jeopardize federal disaster program requirements. possibility. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None 170 Item 2f A proposed ordinance was presented extending the state of emergency and retail price controls. ORDINANCE N0. 3461 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS AD EXTENDING FOR FIFTEEN DAYS THE RETAIL PRICE CONTROLS ESTABLISHED BY ORDINANCE NO. 3450. Moved by Alderman Thomas that Ordinance No. 3461 be passed. Motion seconded by Alderman Russell . Discussion was held on reported price increases at lumber yards, and also legitimate wholesale price increases. City Attorne H. P. he had advised several people that if the y Hodge, Jr. stated that y just pas to the customers without any additional passed the wholesale price only on profit, they would not be prosecuted. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 3a A proposed resolution was presented designating an authorized representative for obtaining federal disaster assistance. RESOLUTION NO. 2330 DESIGNATION OF THE GOVERNOR'S AUTHORIZED REPRESENTATIVE AS CITY OF WICHITA FALLS' AGENT IN OBTAINING FEDERAL DISASTER ASSISTANCE UNDER PUBLIC LAW 288, 93rd CONGRESS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT Jess Ward, Governor's Authorized Representative, is hereby authorized to execute for and on behalf of the City of Wichita Falls, Texas, a public entity established under the laws of the State of Texas, a project application and to file it in the appropriate State Office for the purpose of obtaining certain Federal assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) , or otherwise available from the President's Disaster Relief Fund. THAT the City of Wichita Falls, a public entity established under the s of the State of Texas, hereby authorizes its agent to provide to the State and ltothe Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal disaster assistance the assurances and agreements attached hereto. Moved by Alderman Hampton that Resolution No. 2330 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas Nays: None (Alderman Adcock was out of the room) . Item 3b A proposed resolution was presented amending Resolution No. 616 adding responsibilities to the Citizens Advisory Committee, and creating a sub-committee entitled Reconstruction and Redevelopment of the Tornado Affected Area. A motion was made and seconded for the passage of Resolution No. 2331 . Following this motion, discussion was held between Henry Dvorken, the Council , and the City Mana e regarding the status of this ad hoc committee. Mr. Dvorken felt that it should be g r retained as a committee of the Citizens Advisory Committee instead of being separate. RESOLUTION NO. 2331 A RESOLUTION AMENDING RESOLUTION 616 CREATING A CITIZENS ADVISORY COMMITTEE, ADDING ADDITIONAL RESPONSIBILITIES, AND CREATING A COMMITTEE FOR RECONSTRUCTION 171 Item 3b, cont'd. AND REDEVELOPMENT OF THE TORNADO AFFECTED AREA. WHEREAS, a Citizens Advisory Committee (CAC) was created by Resolution 616 in January of 1966 with responsibilities to advise the Board of Aldermen on Policies, plans and Capital Improvements necessary to carry out a Comprehensive Plan for the Wichita Falls Urban Area; and, WHEREAS, the CAC was reconstituted in November of 1978 to carry out the 1966 charges within the present time frame; and, WHEREAS, the April 10, 1979 tornado has created unusual conditions which now result in the need for a committee to address short term issues and strategies for the reconstruction and redevelopment of the tornado affected area and for the CAC to receive such as information and to coordinate these long-range policies and strategies with plans, goals and capital improvement needs for the entire Wichita Falls Urban Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1 . The following additional responsibility shall be given to the Citizens Advisory Committee (CAC) by amending Resolution 616: a. Integrate the particular needs, plans and strategies for the redevelopment and reconstruction of the tornado affected area into Wichita Falls ' Urban Area Comprehensive Plan and Capital Improvements Program. b. To mobilize and coordinate both public and private resources which are found desired and necessary to carry out short and long range plans and goals adopted for the Wichita Falls Urban Area. 2. There is hereby created an ad hoc committee to be called the Committee for Redevelopment and Reconstruction of the Tornado Affected Area. The responsibilities of this committee shall be: a. This committee shall recommend short term strategies and policies for the redevelopment and reconstruction of the tornado affected area to the Board of Aldermen which shall also be submitted to the CAC for information purposes. This committee may also recommend to the CAC long range policies and strategies for the redevelopment and reconstruction of the tornado affected area. These recommendations would then be integrated by the CAC Executive Committee into plans , goals and capital improvements for the Wichita Falls Urban Area. b. Upon termination of the committee on April 10, 1980, its current activities and responsibilities would be transferred to the CAC Executive Committee. 3. The members of the Ad Hoc Committee on Reconstruction and Redevelopment of the Tornado affected area are as follows : Charles Harper George Ross, Jr. Lonny Morrison Herbert Smith Ronnie Rucker Elvin Dudley Norma Crane Bob Mathews Dr. Isabelle Hunt Sheppard Air Force Base Representative Don Wills Bruce McClain Charles Dunham Ray Ashbrook Larry Lambert Jacque Allen Tommy Robinson Ron Longino John Wilson Jerry Estes Tony Vernon 4. The CAC Executive Committee shall be composed of the following members: Dr. Art Beyer Joe Prothro John Gavin David Wolverton C. E. Jackson Herbert Smith Dr. C. C. Hayley George Adams, Sr. Buddy Iles Harrison Taylor 172 Item 3b, cont'd. Norma Crane Louise Thomas Steve Rhone Dr. Richard Sutton Phil Waggoner Tom Haywood David Dickenson Jerry Mathis Bob Hillery Dick Waggoner Charles Harper An amended motion was moved by Alderman Traywick that Resolution No. 2331 be passed by amending Section 2 to include that an ad hoc committee be created for a period of one year, and at the termination of this committee's current activities, its responsibilities would be transferred to the Citizens Advisory Committee. Motion seconded by Alderman Hampton, and carried by the following vote: Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Dod Wiley, County Commissioner, stated that two sites have been picked for deposit of tornado debris. They are Park and Ranch Road (west of town) , and Carter Sandstone Hill . He requested that the routing for trucks hauling the material be done on the service roads of the expressway to prevent deterioration of other roads. Ernest Lillard stated they would work with the County on it. Billy Stanford inquired concerning ingress on private property, stating that utility and emergency crews drove on his property and tore up the headboard of the bed which they had salvaged. He wondered if they would be liable for this, or if in an emergency they have the right to drive on private property? The City Attorney suggested that he talk with the companies involved. The Board of Aldermen adjourned at 11 :15 A.M. PASSED AND APPROVED this day of -"�J� 1979. _- MAYOR -- ATTEST: CTYCLEK ASSURANCES A. The State agrees to take necessary action within State capabilities to require compliance with these assurances by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional �---• Director. The Applicant Certifies: t B. That(to the best of his knowledge and belief)the disaster relief work described on each Federal Disaster Assistance Admin- istration (FDAA)Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria contained in 24 Code of Federal Regulations,and FDAA(HUD)Handbooks. C. That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsibility. b } p P P D. That the emergency or disaster relief work therein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss From another source. E. That all information given by it herein is,to the best of its knowledge and belief,true and correct. 'mow. F. That all financial assistance received under this application will be,or has been,expended in accordance with applicable law and regulations thereunder. - r 4- r The Applicant Agrees: M _ G. To(I)provide without cost to the United States all lands,easements,and rights-of-way necessary for accomplishment of the ap- proved work; (2)hold and save the United States free from damages due to the approved work or Federal funding. H. To comply with Title VI of the Civil Rights Act of 1964 (111,88-352)and all requirements imposed by the Federal Disaster As- »�r sistance Administration pursuant to that Title to the end that,in accordance with Title VI of that Act and the Regulation,no person in the United States shall,on the ground of race,color,religion,nationality,sex,age,or economic status,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant received Federal financial assistance from the Agency and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. � ^+- 1. That if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Federal Disaster Assistance Administration,this assurance sliall obligate the Applicant,or in the case of any transfer of such property,any transferee,for the period during which the real property or structure is used for a purpose for winch the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided,this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases,this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by FDAA. J. That the assurance is given in consideration of and for the purpose of obtaining any and all Federal grants,loans,reimburse- ments,advances,contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Ap- plicant by FDAA,that such Federal financial assistance will be extended in reliance on the representations and agreements made , in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant,its successors,transferees,and assigness,and the person or persons whose signatures appear on the reverse are authorized to sign this assurance on behalf of the Applicant. K. To obtain and maintain any flood insurance as may be required for the life of the project(s)for which Federal financial assistance ^` for acquisition or construction purposes for buildings or mobile homes was provided herein;and,to obtain and maintain any other insurance as may be reasonable,adequate and necessary to protect against further loss to any property which was replaced, +ry restored,repaired or constructed with this assistance. L. That,as a condition for the grant,any repairs or construction financed herewith,shall be in accordance with applicable standards of safety,decency and sanitation and in conformity with applicable codes,specifications and standards;and,to evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such standards,including safe land use and construction practices. M. To defer funding of any projects involving flexible funding under Section 402 or Section 419 until FDAA makes a favorable environmental clearance determination,if this is required. HUD-490.1 (6-77) Pa min.` f+5�r-� Tz,SF. '_ Ary +l } ,�•a�,4� •,,,. .• .��,.,� ,"x>lY- �a., ?a,a ,_ �V-�_• * � .`. i...♦ ,�+_ .c ti rr.". .{.+n�q ` . u a► -: K +yw, ..;,_ �. .t r.. d` rA a.r, .? x�Yz i.r �« ,* _ .. rt,a#':wa•_.S." i 1