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Min 06/12/1979 213 Wichita Falls , Texas Memorial Auditorium Building June 12, 1979 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A. M. , with the following members present. Kenneth Hill Mayor John Hampton, Jr. Carol Russell Curtis Smith Aldermen Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Marvin Traywick Absent Jim Thomas Absent The invocation was given by Alderman Smith. The summer school government class from Wichita Falls High School was welcomed by Mayor Hill . Item 2 Moved by Alderman Adcock that minutes of the meetings held May 15, 22, and 29, 1979, be approved. Motion seconded by Alderman Hampton, and carried unanimously. I ✓Item 3a A proposed ordinance was presented continuing the state of emergency and limited price controls . /ORDINANCE NO. 3499 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS, AND EXTENDING CONTROL OF RENTS. Moved by Alderman Russell that Ordinance No. 3499 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, and Adcock Nays: None Item 3b A proposed ordinance was presented granting authority to construct a loading dock in the Pecan Street right-of-way. The City Manager explained that Gibson's is having problems delivering merchandise to their warehouse. They need part of the right-of-way to keep from backing up into the street. This would solve their problem, as well as assist in traffic movement. ✓ORDINANCE NO. 3500 ORDINANCE GRANTING AUTHORITY TO GIBSON'S DISCOUNT CENTERS TO CONSTRUCT LOADING DOCK ON PECAN STREET RIGHT-OF-WAY. 214 Item 3b, cont'd. Moved by Alderman Smith that Ordinance No. 3500 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, and Adcock Nays : None �i Item 3c A proposed ordinance was presented suspending operation of deed restrictions prohibiting temporary placement of mobile homes for temporary housing. , ORDINANCE NO. 3501 ORDINANCE SUSPENDING OPERATION OF DEED RESTRICTIONS AND ANY ORDINANCE PROHIBITING TEMPORARY PLACEMENT OF MOBILE HOMES TO PROVIDE TEMPORARY HOUSING FOR PERSONS DISPLACED BY THE APRIL 10 TORNADO. Moved by Alderman Adcock that Ordinance No. 3501 be passed. Motion seconded by Alderman Smith. Alderman Russell commented on the 3-2 split decision by the Attorney General 's Opinions Committee regarding this matter. She wondered why there was not more familiarity with the statute in that learned body? City Attorney H. P. Hodge noted that the split decision is hearsay, stating that the statute is subject to interpretation. She also wondered if we had heard from the attorneys of the Corps of Engineers who gave a different view? Mr. Hodge stated that no written opinion was requested by anyone except the Attorney General . Alderman Russell stated that she feels the passage of this ordinance will rock the boat. She also questions the wisdom of the passage of this ordinance for psychological reasons. City Manager Gerald Fox noted that the practical application of deed restrictions is already being abridged. He does not feel what the Council does will affect what is already out there today. It seems that it gives added weight to'what is already out there. Alderman Russell discussed the first two ordinances passed regarding deed restrictions. Mr. Fox stated that the two ordinances say exactly the same thing regarding temporary placement of mobile homes where deed restrictions do not prohibit them. Alderman Hampton wondered what is going to happen on April 25, 1980 when it is time to remove these mobile homes? Mayor Hill stated that these permits are issued for 90 days at a time, and they will be checked on progress being made. City Attorney H. P. Hodge stated that at the end of one year they would no longer have a permit, and would be subject to prosecution in Municipal Court. Mayor Hill noted that the Council is not the making of these problems. It was the tornado. We have had to do many things, and we are going to have problems. We are trying to help the largest number of people which we can. Alderman Adcock stated that we started out on this course in the first place to help those people who had tragedies. We are doing this, and he cannot see anything a year from now that cannot be handled. Alderman Smith stated that the people are well aware that the homes cannot be left there for more than a year. Ile also stated that he is disappointed that the people in Wichita Falls are not showing much more compassion on those who have lost their homes. We have people who have not lost anything trying to keep those who have from maintaining a place to live. Alderman Hampton wondered what else this statute covers? The City Attorney stated that it could be far reaching. It is not limited to those enumerated powers, according to the Attorney General 's opinion. The Mayor felt that it was not important how the Attorney General arrived at his opinion. City Attorney H. P. Hodge stated that if the Board of Aldermen is called upon to enact some other far reaching ordinance, it would become important as to how the Attorney General arrived at his decision, but on this ordinance it is not so important. He further stated that the Attorney General 's opinion is not law, but is entitled to very heavy weight in the courts. In the final analysis the courts would decide. The motion failed by the following vote because there was not an affirmative vote of four members. 215 Item 3c, cont'd. Ayes : Mayor Hill , Aldermen Adcock and Smith Nays: Aldermen Hampton and Russell �/I tem 3d A proposed ordinance was presented governing the Farmers Market. Dane Bennett explained various provisions of the ordinance. He stated that rental fees will be different at various times of the year, as well as the fee being different for a producer and dealer. 'ORDINANCE NO. 3501 ORDINANCE GOVERNING MUNICIPAL PRODUCE MARKET. Moved by Alderman Hampton that Ordinance No. 3501 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, and Adcock Nays : None ✓Item 4a A proposed resolution was presented approving Change Order No. 1 for airport improvement project. ✓ RESOLUTION NO. 2350 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TIMMINS-ANDERSON CORP. CONTRACT RELATIVE TO PHASE IV MUNICIPAL AIRPORT IMPROVEMENTS. WHEREAS, heretofore the City of Wichita Falls and Timmins-Anderson Corp. entered into a contract dated December 19, 1979 for construction of Phase V Municipal Airport Improvements; and, WHEREAS, it has been determined that it is necessary to effect charges in the original design to provide for handicapped access to the terminal building; relocate electrical service to the terminal building to accommodate roadway construction; and remove concrete curbing to facilitate drainage of the aircraft parking apron under construction; and, WHEREAS, the city has negotiated with the contractor to reduce the cost of striping the taxiways at Municipal Airport from $3.75 to $2.50 per square foot; and WHEREAS, the cost of the add-on changes of $5,342.50 and the reduction of $3,750 will result in a net increase of $1 ,592.50 to the original contract of $494,429.75. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 , a copy of which is attached hereto, to such contract with Timmins-Anderson, Corp. , is hereby approved, and the City Manager is authorized to execute Change Order No. 1 on behalf of the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2350 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, and Adcock Nays : None Item 5a Harry Alexander appeared, stating that he purchased a mobile home approximately two weeks before the ordinance was passed. He purchased the lot from an elderly man, and had difficulty getting him to the court house to sign the deed. Mr. Alexander stated that his son has a foot problem, and he cannot walk to a bus line to go to 216 Item 5a, cont'd. Opportunity Workshop. He is now in a mobile home park, but they tell him they want him to move because they do not allow children. City Manager Gerald Fox stated that if the situation is as Mr. Alexander has stated as far as time is considered, he would feel that he should be grandfathered under the ordinance. Mayor Hill questioned grandfathering this when we did not do it in the Faith Village area. It was noted that the difference in this is the deed restrictions. The City Manager stated that if the Council grants it on the basis that deed restrictions do not prohibit it, and they want to so stipulate it, then the staff would check them out before a permit is issued. Moved by Alderman Smith that the Harry Alexander and Larry Hester cases be grand- fathered, subject to the staff making research on the deed restrictions. Motion seconded by Alderman Adcock , and carried unanimously. Item 5b A request was presented by the Arts Commission for $2,500 for a community arts project by the Wichita Falls Art Association. Moved by Alderman Hampton that the request be approved. Motion seconded by Alderman Russell , and carried unanimously. City Manager Gerald Fox stated that the Goals for Wichita Falls Committee will have an open meeting this afternoon in the Fine Arts Building at MSU with the Goals for Dallas Committee. He recommended that they all attend this meeting. Moved by Alderman Smith that Alderman Russell be appointed to serve on the Goals for Wichita Falls executive committee. Motion seconded by Alderman Adcock, and carried unanimously. Mayor Hill recognized Traffic Director Ed Ilschner on his last meeting. He complimented him on the work he has done for the City, especially in the April 10 tornado. The Board of Aldermen adjourned at 9:45 A. M. PASSED AND APPROVED this /1�-X,day of 1979. MAYOR ATTEST: CITY CLERK