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Min 05/22/1979 197 Wichita Falls, Texas Memorial Auditorium Building May 22, 1979 Item 1 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 Curtis Smith Jim Thomas Raymond Adcock 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 Alderman Adcock. /Item 2a A proposed ordinance was presented extending the state of emergency, retail price controls, and curfew. Alderman Thomas stated that he had talked with Tom Schrandt, and that no complaints have been filed since the first day, and for this reason he does not see that it needs to be extended as far as his office is concerned. Alderman Smith mentioned instances in which people are filling their gas tanks in our city, and going on. Our prices are lower here than in the surrounding area. He feels this might be the time to release them. Alderman Traywick mentioned that discounts are being removed even though prices have not increased. There seems to be a lot of subtletities involved. The Mayor feels that the fact that we have price controls may be the reason why we have not had anymore complaints. The City Manager stated that it would be his impression that if we keep retail price controls the state of emergency would also have to be kept. He also recommended continuance of the curfew. He feels it has a psychological effect. Alderman Adcock stated that it is not intended to prohibit increase of wholesale costs and profits, but not to increase their prices otherwise. City Attorney H. P. Hodge stated that the way the ordinance is written they were not allowing them to include any overhead profit. A motion was made by Alderman Thomas, and seconded by Alderman Smith to pass Ordinance No. 3486 by deleting Section 2 on retail price controls. The motion and second were later withdrawn because the City Attorney was not able to make a definite determination from the statute on whether they could go back to price controls once they were lifted. Charles Harper stated that the Reconstruction and Redevelopment Committee has not discussed price controls at all , but they would be pleased to bring it up in their Thursday meeting. /ORDINANCE NO. 3486 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS, AND EXTENDING FOR SEVEN DAYS THE RETAIL PRICE CONTROLS ESTABLISHED BY ORDINANCE NO. 3450, AND REGULATING BEING OR REMAINING IN CERTAIN AREAS AT CERTAIN TIMES. Moved by Alderman Thomas that Ordinance No. 3486 be passed, extending price controls for seven days, ending June 2, 1979, and that the Reconstruction and Redevelopment Committee study Section 2 on price controls, and bring it back to the Council at the next meeting. 198 Item 2a, cont'd. Motion seconded by Alderman Russell . Alderman Traywick felt it should be left as it is rather than try to re-enforce it. The City Manager agreed with Alderman Smith on gasoline prices. They should either be allowed to increase their prices to the immediate retail gas market or release it. Are we encouraging a lot of gasoline to go outside the City by retaining these price controls? The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Thomas, and Adcock Nays : Aldermen Traywick and Smith Item 2b A proposed ordinance was presented making a revenue estimate in the general fund for group mobile home sites. The City Manager explained that this is 25 percent of the cost. The state will pay 75 percent. /ORDINANCE NO. 3487 AN ORDINANCE MAKING A REVENUE ESTIMATE IN THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3487 be passed. Motion seconded by Alderman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 2c A proposed ordinance was presented appropriating money for group mobile home sites. / ORDINANCE NO. 3488 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. 3488 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 3a A proposed resolution was presented amending the agreement which established the Mental Health Mental Retardation Center. They will be able to obtain exempt status under the Internal Revenue Code, providing that upon dissolution of the Center, the assets will be utilized for charitable or public purposes. RESOLUTION NO. 2342 RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH WICHITA COUNTY FOR THE ESTABLISHMENT OF THE WICHITA FALLS COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER, ALSO KNOWN AS THE HELP CENTER. WHEREAS, House Bill 3 enacted by the 59th Legislature in 1965, as thereafter amended (Article 5547-203, Revised Civil Statutes of Texas) authorizes local agencies, including cities and counties, to enter into a contract to establish and operate community mental health and mental retardation centers; and, WHEREAS, the City of Wichita Falls and the County of Wichita heretofore established such a center, and entered into a formal contract dated August 10, 1973, providing for the establishment and operation of such a center, which contract was approved by the Board of Aldermen by Resolution No. 1446; and, 199 Item 3a, cont'd. WHEREAS, this center has requested that the City and County amend the agreement in such manner as to bring it into compliance with the requirements of Section 501 (c) (3) of the Internal Revenue Code in order that such center may secure exempt status under that section. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment of the Agreement for the Establishment of the Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2342 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 4a Discussion was held on alternatives for controlling the use of mobile homes for permanent occupancy outside of mobile home parks and mobile home subdivisions, as follows. 1 . Control building permit issuance on the location and use of mobile homes. 2. Prohibit mobile homes from being located outside of mobile home parks or mobile home subdivisions under most circumstances. 3. Define the type of building or structure which may be built on the property. 4. The fourth alternative would be to continue with the action which was taken last week. The Reconstruction and Redevelopment Committee recommends Alternative No. 2. They also recommend Alternative No. 3 allowing the City to join in suits regarding deed restrictions which would not allow mobile homes to be placed in that subdivision. v'ORDINANCE NO. 3489 AN ORDINANCE AMENDING SECTION 30-2 OF THE CODE OF ORDINANCES ON THE LOCATION OF MOBILE HOMES OUTSIDE OF MOBILE HOME PARKS AND SUBDIVISIONS. Moved by Alderman Thomas that Ordinance No. 3489 be passed. Motion seconded by Alderman Russell . Alan Ballard appeared representing Faith Village Unit 4 Neighborhood Area. They are speaking about permanent placements of mobile homes , .and not temporary placement. Some of the permanent structures which have been brought in have cost more than what was previously, but they feel it will lower the standards of their area. They oppose grandfathering those mobile homes on which a permit has already been issued, and the home placed there. He requested that the Council consider the homeowners, as well as the retail purchasers. Bob Fitzner stated that he sells mobile homes. He feels such a proposal might be unconstitutional . Most people cannot afford over $30.00 per square foot building cost. He stated that 30 percent of the single family homes sold in this area last year were mobile homes or modular homes. City Manager Gerald Fox stated that the City has issued not more than 30 permits in seven years for location of mobile homes on individual lots. Jerry Musick appeared as a member of the Faith Village committee. They want their neighborhood restored back to its original condition, and not allow any kind of permanent mobile home in the area. They desire to retain the original character of the neighborhood. Ken Hanes, 4218 Berwick, stated that he wished they had had time to look at these ordinances. He was requested to work with the Planning Department to help beautify 200 Item 4a, cont'd. mobile homes. He has spent a lot of time and money getting this information. He feels this ordinance is a time killer. It will keep some people from moving in there, but it will force others to pay the $35.00 per square foot to replace their homes. He questions the fair play of coming back this week saying they are going to change their minds. He requested that they give it more study. He felt that construction workers and furniture dealers were behind this. Barbara Roten disagreed with Mr. Hanes, stating that these people here are not construction workers or furniture dealers. They are neighborhood people who want to keep the neighborhood the same as it was before. They do not believe a mobile home could be made acceptable in appearance. The City Manager stated that this ordinance describes mobile homes and gives them a definition, and that this is what will be not allowed except in mobile home parks. Pre-manufactured homes would still be allowed anywhere in the city. Alderman Traywick stated that he is still concerned as to the role of the city in entering into suit on deed restrictions. . He inquired .if these people have the same standing in court as the city would? Lonny Morrison stated that they would. He noted a statute which states that a city will have standing to enforce those deed restrictions where they do not have zoning, but the City has to first pass an ordinance embodying this state law. Materials submitted could be regarded as alternatives or complimentary. The Reconstruction and Redevelopment Committee believes that for a short run of time they would strongly urge them to pass Alternative Number 2, and Complimentary Number 3 that would allow the City Attorney to enter into violations since April 10. Alderman Smith wondered if one suit would take care of all of them or would we have several ? The City Manager explained that there would not be any after today because mobile homes would not be allowed anywhere except mobile home parks and mobile home subdivisions. Only the most recent one would be involved in litigation. The motion for passage of Ordinance No. 3489 was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Adcock Nays : Alderman Traywick A proposed ordinance was presented expanding the City's enforcement of land use restrictions concerning mobile homes. ,.ORDINANCE NO. 3490 AN ORDINANCE AMENDING ORDINANCE 3456 TO EXPAND THE CITY'S ENFORCEMENT OF LAND USE RESTRICTIONS TO THE LOCATION AND USE OF MOBILE HOMES. Moved by Alderman Thomas that Ordinance No. 3490 be passed, authorizing the City to enter into a suit if they believe deed restrictions have been violated. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Adcock Nays : Alderman Traywick Ken Hanes mentioned three young people who have committed their money to purchase these mobile homes, stating they would not commit their money until the Council acted. He stated that deed restrictions were taken to three top officials in this city, asking if this violated the law which will be passed tomorrow, and each one said no. He is pleading for those three people who did not commit their money until after the Council acted. Mayor Hill stated that these three people last week had given every indication that they had already purchased their homes last week when they were here. Mr. Hanes stated that if the Council had not voted the way they did last week they would not have to have paid $1 ,600 to tie it down, plus $600 or so to release a lien. No financing had been done last week. The Council room became disorderly with exchanges between Mr. Hanes and members of the audience. City Attorney H. P. Hodge suggested that if anyone wants to approach the Council that they come forward and give their name in an orderly manner. 201 i Item 4a, cont'd. Alan Ballard desired clarification on what has been passed. He wondered if it included a grandfather clause. City Attorney H. P. Hodge stated that Ordinance No. 3489 has no effect on a mobile home previously permitted, and erected in place. Ordinance No. 3490 authorizes the City Attorney to enforce deed restrictions, and construes the language in the earlier ordinance. We will enforce deed restriction violations which have recently occured. If the City thinks the case has merit they will file on it. The legal department will have some discretion. The City Manager felt that violations must be reasonably current. Cletus Schenk (Mayor of Scotland) appeared representing Wichita County Mounted Patrol . He commended the Council for their decisions this morning, which they believe is in the best interest of the majority of the citizens of Wichita Falls. He stated that he has been president of Wichita County Mounted Patrol since 1965. All profits are donated to charitable organizations. Since 1970 when they paid off their note they have donated $17,000 to charitable organizations. They are promoting Wichita Falls in many activities which are held there. They recently had a foreign student rodeo from Sheppard Air Force Base. He requested that they be allowed to place ten or twelve ropes across Scott and Indiana to advertise the rodeo to be held in June. If there is not a building, the hooks are attached to a utility pole. Moved by Alderman Smith that we grant a waiver to the rodeo association this year, as long as they hold us harmless for any litigation connected with same, and pay for any damages which may occur. Motion seconded by Alderman Russell . The City Manager expressed the City's concern for damage to the poles. Mr. Schenk stated that they have been doing this for 21 years, and they have had no complaints. The motion was carried unanimously. Alderman Traywick mentioned an alley paving assessment at 6725 Kit Carson for Paula Brown, stating that she is being assessed for alley paving since 1963, and she is the fourth property owner. He feels this is grossly unfair for them to be assessed. Gerald Carlson, Chief Accounting Officer, stated that they have receivables on the books since 1968. They are attempting to collect them with the system which they have now, but was not in effect since 1968. The Council instructed Mr. Carlson to give them a report on this at the next council meeting. Mayor Hill inquired if we have any control over construction in these reconstructed homes? It was pointed out that they have to meet the Southern Building Code. He mentioned a situation at 5125 Kingston in which he felt was not being properly constructed, ! and she was also being overcharged. He stated that he, Charles Harper, and Tom Schrandt went out and looked at it. The City Manager stated that we have a minimum code. Ernest Lillard stated that they inspect the roof rafters. The Board of Aldermen adjourned at 10:40 A.M. Z PASSED AND APPROVED this / ��- day of 1979. MAYOR ATTEST: CITY CLERK j ' FIRST AMENDMENT OF AGREEMENT FOR THE ESTABLISHMENT OF THE WICHITA FALLS COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER a/k/a THE HELP CENTER THE STATE OF TEXAS X COUNTY OF WICHITA X THIS First Amendment of agreement made by and between the City of Wichita Falls, Texas, and Wichita County, Texas, pursuant to the Texas Mental Health and Mental Retardation Acts of the Revised Civil Statutes of Texas, as amended: W I T N E S S E T H: WHEREAS , the parties hereto executed an agreement for the establishment of a community mental health and mental retardation center dated August 10, 1973 , and the parties mutally desire to amend such agreement. NOW, THEREFORE, in consideration of the mutual agree- ments herein contained, the parties agree that such agree- ment dated August 10, 1973 , is hereby amended to read as follows: "The Parties hereto hereby agree jointly to establish and operate the Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, for the purpose of providing mental health and mental retardation ser- vices, all pursuant to the provisions of the Texas Mental Health and Mental Retardation Act. The Center shall princi- pally be located in Wichita Falls, Texas, but may have out- reach and subsidiary programs in other areas of the County as so established by the Board of Trustees of said Center. The Parties hereto agree to contribute funds for the administration of the various programs and services of such Center at such times and in such amounts as their respective governing bodies find and determine, from time to time, to be available and in the public interest. The Board of Trustees created below shall design pro- grams of mental health and mental retardation services under which local funds contributed by each Party hereto shall be spent solely for programs conducted wholly within the respective County of the Party contributing such funds. The administrative offices of the Center shall be located in the City of Wichita Falls, Texas . The Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, shall be governed by a Board of Trustees consisting of nine (9) persons appointed by the governing bodies of the Parties hereto, from time to time, from the qualified voters of Wichita County, Texas . The terms of Board Members shall be staggered by appointment of not less than one-third nor more than one-half the members for one year, or until their successors are appointed, and by appoint- ing the remaining members for two (2) years, or until their succes- ors are appointed . Thereafter all appointments shall be for a two year period, or until their successors are appointed. Appointments made to fill unexpired terms shall be for the period of the unex- pired term, or until a successor is appointed. All appointments shall. be made by a majority vote of the governing bodies of the Parties hereto making such appointments . The Board of Trustees shall annually file, or cause to be filed, a copy of their proposed budget for their ensuing year (September 1 through August 31) with the City Clerk of the City of Wichita Falls and the County Clerk of Wichita County, on or before September 1 of each year. The Board of Trustees of said Center shall annually cause to be obtained , an independent audit of the records and books of the accounts of said Center and to file a copy of the same with the City Clerk and County Clerk within ten (10) days after the first regular meeting of the Board of Trustees following said Board ' s receipt of such audit. -2- No Fart of the net earnings of the said Center shall inure to the benefit of, or be distributable to, its members , trustees, or other private persons except that said Center shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth herein. No substantial part of the activities of said Center shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and said Center shall not participate in, or intervene in (including the publishing or distribution of state- ments) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this agreement, said Center shall not carry on any other activities :not permitted to be carried on by an organization exempt from Federal Income Tax Section 501 (C) (3) of the Internal Revenue Code of 1954 (or the corresponding provis.ion of any future United States Internal Revenue Law) or by an nr_ganization contributions to which are deductible under Section 170 (C) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) . Upon dissolution of the Wichita Falls Mental Health and Mental Retardation Center, the assets of said Center shall be distributed to the City of Wichita Falls, Texas and Wichita County, Texas, for such }public purposes as the parties hereto may agree, " WITNESS THE HANDS AND SEALS OF THE PARTIES HERETO, in multiple originals, on this da-y of 1979 . CITY OF WICHITA FALLS , TEXAS ATTEST: By City Clerk Gerald G . Fox, City Manager WICHITA COUNTY, TEXAS By Tom Bacus , County Judge ATTEST: -3- County Clerk