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Min 09/04/1979 270 Wichita Falls, Texas Memorial Auditorium Building September 4, 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 Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager Kyle Morrison Asst. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Morris Chapman, First Baptist Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held August 28, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 8g Items 4a and 5a were removed from the consent to the regular agenda. Moved by Alderman Thomas that Items 4a through 8g be approved, excluding 4a and 5a. Motion seconded by Alderman Traywick. Item 4 b ORDINANCE NO. 3527 AN ORDINANCE RELEASING AND ABANDONING A CERTAIN UTILITY EASEMENT SITUATED BETWEEN LOTS l & 2, BLOCK 4, WOODHAVEN ADDITION, SECTION 1 . Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 4c ✓ORDINANCE NO. 3528 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS, AND EXTENDING CONTROL OF RENT. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5b RESOLUTION NO. 2384 RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY RELOCATION AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, 271 Item 5b, cont'd. WHEREAS, such property has been appraised by an appraiser employed by the State Department of Highways and Public Transportation and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and property to be purchased by Warranty Deed is as follows: Kell Freeway Project 52-380 Warranty Deed 40.4 sq. feet tract out of Lot 9, Block 28 A, Highland Addition The total value approved in this resolution-------------------$101 .00 Section No. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the State of Texas or the City of Wichita Falls, by Warranty Deed such tract of land as shown on the project right-of- way map. The authorized price to be paid for such tract is State approved value as determined from the appraisal made by a real estate appraiser employed by the State Department of Highways and Public Transportation. Section No. 3 In event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the State of Texas or the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 6a RESOLUTION NO. 2385 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING REPAIRS AND PAINTING OF ELEVATED WATER TANK AT BEVERLY AND SEYMOUR HIGHWAY. WHEREAS, the City of Wichita Falls and Water Tank Service Company, Inc. , as contractor, entered into a contract dated February 8, 1979, wherein said contractor agreed to repair and paint said water tank; and, WHEREAS, said repairs and painting has been completed in accordance with specifications; and, WHEREAS, the final estimate has been submitted on this project, which final estimate shows a total amount of work done as $47,000.00, of which no money has been paid to the contractor, leaving a balance due of $47,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The repairs and painting of the elevated water tank is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay to the said contractor the amount due as shown on such estimate. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None %Item 7a Authority was granted to advertise for bids for an annual supply of data processing forms. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 272 Item 7b Authority was granted to advertise for bids to replace ball field improvements at Kiwanis Park. j Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7c Authority was granted to advertise for bids for an estimated annual supply of oil and greases. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None v Item 8 Minutes of the meetings of the following boards and commissions were received. a. Planning Board - August 8, 1979 b. Design Review Commission - August 16, 1979 c. Task Force on Reconstruction and Redevelopment - August 23, 1979 d. Board of Electrical Examiners - August 14, 1979 e. Board of Adjustments and Appeals - July 23, 1979 f. Park Board - August 21 , 1979 g. Traffic Safety Council - August 1 , 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item l0a Mayor Hill recognized the following as chairmen and former members of various boards by presenting them with either a plaque or certificate of appreciation. a. Joe Fitts - MHMR b. Bobby Myers - Traffic Safety c. Joe Bailey Meissner - MHMR iItem 9a A public hearing was opened on hazardous structures. Lee W. Kelly, 1407 Smith Street, appeared in regard to the property at 808 Chance. He stated that the building is in the process of being repaired, and thought he could have it done within 30 days. The City Manager inquired how many outstanding building permits Mr. Kelly has? Mr. Kelly stated he has five. He confirmed that after a building on the property had been demolished last August, he moved in another building which was also sub-standard. It was pointed out to him that whatever is required by the codes and ordinances, as outlined by the Building Inspectors , will be required of him. He has 30 days to bring it up to standards. Emily Clay Woodard, 617 Park Street, stated that she would be completed within 30 days. Walter Spiegel appeared representing Ruby Bryan. He stated that he planned to repair the building which has been there eighteen months. He brought it in there for temporary storage. It will have to be repaired within 30 days. Preston McBee, Housing Code Enforcement Officer, stated that habitable property is described in the Code of Ordinances. The ordinance gives them the right to require demolition of sub-standard structures. Most of these people do not have the money to bring it up to the Code. If a place is secured, they will not write it up. The first thing they do is ask them to secure these properties, and then police them to see that they stay secured, then they work with them to get something done about the structure. The condition is such that this is the reason they do not give detailed requirements, but the first thing is to get all their permits. He believes that all of us know what habitable property is which is fit to live in. Mr. Spiegel stated that he will go ahead and board up the windows and doors, and bring it up to standards. 273 Item 9a, cont'd. Virgil Elliott, 305 Wichita Street, represented Velma Bell Case Estate. He stated that he obtained a permit to repair it, but it was too far gone, and he has started hauling it off. He thought he would be finished in less than 30 days. J. R. Bigham, 710 Burnett property, was addressed by Preston McBee. Mr. McBee stated that Mr. Bigham has sold the property as of August 31 . He still lives in the structure. He requested an additional 30 days for the new owner to demolish it. ORDINANCE NO. 3529 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 Thomas that Ordinance No. 3529 be passed, with an additional 30 days for J. R. Bigham. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 9b A public hearing was opened on proposed use of 1979-80 general revenue sharing funds. City Manager Gerald Fox stated that this will be the final year of general revenue sharing appropriations unless it is extended beyond September 30, 1980. We are entitled to $1 ,184,926. We will receive an additional $31 ,928 due to correction of this year's entitlement period. A total amount of $1 ,305,000 can be budgeted due to some projects not being fully expended during previous years. Ernest Lillard, Director of Public Works, stated that items which will be considered are minimal levels of service. They wait final priority setting of streets until after the winter, but the work will be done primarily on streets which have curb and gutter in place, but on which the surface has failed ($300,000) . He also mentioned a $100,000 seal coating program and street surface overlay of $100,000. Drainage construction of $100,000 is also recommended. These projects are smaller in nature because they are very expensive projects, and this amount of money will not go very far. He further stated that there would be separate funds which they will be looking at in the amount of about $500,000 which has been indicated will be approved for tornado damaged areas. The City Manager discussed the Activities Center. We have borrowed $303,000. They are asking them to appropriate this amount, plus $2,000 interest on the loan, and $40,000 for loth Street improvements. Bill Hursh, Director of Parks and Recreation, explained the proposed park projects. A park in Expressway Village was proposed in the amount of $85,000. The nearest park to this location is Lions Park, about one mile south of this area. The proposed park will include 5 to 8 acres, and is adjacent to a proposed school site for Burkburnett schools. The City Manager stated that it would not be necessary to fully develop the park at this time. Bill Hursh also presented beautification and irrigation of Kemp Library in the amount of $6,000, and $7,000 for Southern Hill Park. Maplewood Boulevard beautification or Loch Lomand Park development was recommended in the amount of $53,000. The Park Board recommended Loch Lomand Park just ahead of Maplewood Boulevard. Mr. Hursh also mentioned Williams Park shelter repair in the amount of $4,500, and a picnic shelter for Jalonick- Park in the amount of $20,000. Mr. Hursh also addressed the need for ball field lighting in Kiwanis Park, Eastside Drive beautification, Hamilton ball field fences , Loch Lomand Park restroom construction, and a multi-field sports complex to be used by adult leagues. Assistant City Manager Robert Haley discussed a warning siren system encoder installation in the amount of $12,000. This project would involve replacement of a telephone wire connection of our warning siren system with a radio encoder system. 274 I j Item 9b, cont'd. This system has a third signal capability as opposed to the two which we now have. There will also be a monetary savings, and also that 50 percent participation by the federal government may not be available after next year. Fire Chief Hurshel Johnson requested that $50,000 be appropriated to relocate the former Kiwanis Park fire station to Maplewood and Miller. Total cost of this fire station is estimated to be $185,000. City Manager Gerald Fox mentioned a request from the Traffic Department for traffic signal controllers totaling $53,000, and parking meter replacement in the amount of $45,000 in the central business district. They plan a more extensive traffic signal controller program in the capital improvements program. Alderman Hampton stated that he would rather see this $45,000 spent on street repairs rather than parking meters. Dr. Benson requested that the Health Unit telephone system be placed on a separate system because of heavy traffic on their lines. Joe Smith, Director of Public Utilities, requested the following projects: (1 ) AE study of renovation for Lake Kickapoo Dam - $30,000, (2) Secondary reservoir addition - $450,000, (3) Computer model of water distribution system - $35,000. Gerald Carlson, Chief Accounting Officer, presented a request of $2,000 to complete a compliance audit on general revenue sharing funds. Dr. Robert Erinberg, Program Director of Family Practice Residency Program, requested $80,000 from general revenue sharing funds from both the City and County. He stated he does not believe the County has formally discussed support of this program. He further stated that the program is designed to train four doctors each year in a three-year program. They would be training twelve doctors simultaneously. There would be eight here and four in Fort Worth. They are requesting that all twelve be located here in 1981 . He noted that the intern does not receive any fee himself. If any fees are obtained, they go into the program in a trust fund, and then into a special fund. The public hearing was closed. /Item 9c Dan Savage, 701 Shoreline Drive, requested relief from the multi-family rent control which has been in effect since the tornado. Savage properties, 2403 Ninth Street, owns four separate multi-housing units in the city. Alderman Traywick stated that we are being requested to allow increases in rent control in this one area only. He suggested that we make an across-the-board change, rather than just Mr. Savage, because of inflation which has occured since the tornado. We could probably allow an across-the-board increase of 3 or 32 percent. This would keep us from having to treat this problem in the next several council meetings. He does not want to do away with price controls. Mr. Savage stated that 3 percent is not enough. He needs the structure requested in order to meet his demands. Alderman Hampton stated that he felt we needed an opinion from the City Attorney's office before we make any changes. Mayor Hill stated that he feels 90 percent of the landlords are in compliance, and wishes we could do something about the 10 percent. The people are afraid to complain for fear they will be asked to move. Moved by Alderman Thomas that action be postponed until we can get this information from the City Attorney's office. Motion seconded by Alderman Russell , and carried unanimously. Item 1 Ob A report was given on the initiative petition to create a Zoning Commission. The City Clerk has verified the petition received, and there are sufficient signatures to meet the charter provisions. The City Manager noted the steps which I i 275 Item 10b, cont'd. are now necessary. The action the Council should now take is to submit the measure to a committee of the Board of Aldermen. Moved by Alderman Hampton that the petition be submitted to the Council , as a committee of the whole, for further study. Motion seconded by Alderman Russell . The first public hearing will be held at the next regularly scheduled council ✓ meeting on September 18. The motion was carried unanimously. Alderman Smith stated that, if possible, he would prefer to have the material in written form before the public hearing. Item 10c Larry Lambert, Chairman of the Board of Trustees of Mental Health Mental Re- tardation, requested that in the budget for the fiscal year beginning October 1 , that the City increase its support from $71 ,620 to $85,000. He stated that they have been in operation 10 years. They were created by the City, County, and School District. They have received funds each year from the City and County. He does not know why the school district dropped out. They also have other funding sources. If the funding is not increased this will be the third year at this same funding level . He named several things they have done to reduce costs. (1 ) They eliminated in-patient service. The only emergency in-patient service which they now have is in conjunction with the state hospital . (2) They delayed the initiation of the diagnostic and evaluation team as long as possible. (3) They did not initiate the drug abuse program. (4) They do not have an employee retirement program. They have been talking about it for five years. (5) They closed the Center's specializa- tion program. (6) They reorganized the MHMR Center into one clinical district. The executive director and business manager sometimes work as many as 60 hours per week. Other things they are doing include going on an answering service basis to reduce staff members, reduce one case worker in the follow-up on clients program, reduce 12 positions in our vocational education center, and they are trying to initiate a fair weather lodge. They are in a lower cost per patient than other agencies. They submitted their budget to the State in the amount of $85,000 from both the City and County. The only new programs they have added are those for which they had a funding source. Alderman Russell asked where they will cut back if the funding is not approved? Mr. Lambert stated that they have not addressed themselves directly to that question. The City Manager stated that it would be well for the Council to address this matter before adoption of our budget. Alderman Traywick stated that if the Council could find the money, he would strongly recommend approval of the additional funding. It is a professional and well run program, and very efficient. Alderman Smith wondered if this is what we should be collecting taxes for and expending money for? How deeply should we be involved in a social program? They now have a budget of one million dollars. The City Manager stated that under the enabling legislation of the state, there has to be a local commitment in order to receive state funds each year. Alderman Thomas inquired how many of our patients are from Wichita County? Jim Zug stated that if they are not from Wichita County they have to pay for the service. Ninety nine percent are from Wichita County. The one percent is on a fee basis. Alderman Traywick stated that he feels we have an obligation to support the health care, or it will not be in our hands in the future. Moved by Alderman Traywick that we increase the funding level to MHMR to $85,000. Motion seconded by Alderman Russell , and carried unanimously. VItem 10d Alice Bragg, 1318 36th Street, appeared representing the Southside Neighborhood Action Group. They have a petition of more than 800 signatures, along with some 276 Item 10d,_cont'd. i pictures of the Hillcrest area. She presented them to the Mayor, and requested help in solving their problems. She mentioned streets, lighting, sewer, garbage, and drainage. She stated that flooding has been going on for 30 years. Marion Bowling appeared as Chairman of the neighborhood action group. He stated that they are here to present a friendly petition signed by taxpayers of the south side. He mentioned flooding of Holliday Creek; also, water lines and alleys. He stated that they would go along with the City Manager's bond program because they feel it is needed. They cannot recall any single item which has been done with their tax money. He suggested that the Council go out there and look at what they have. Wanda Fortner, who lives on 32nd Street, stated that her house has been under water twice since 1975. It has been two years since the channel on Bluff Street has been cleaned out. They cannot have adequate garbage collection. Water lines have deteriorated. The streets are pitiful . The flooding problem could be helped by the City cleaning out the channel . She stated that she is on social security. They do not have adequate vector control . The teachers at Bonham School have trouble getting to school on Armory Road. She stated that they need environmental health protection there more than beautification. Mayor Hill noted that Armory, 30th, 31st, 32nd, 33rd, 34th, 35th, and 36th Streets are under contract. Alleys have not been scheduled because of the assess- ments on the streets. The City Manager mentioned the Corps of Engineers program on Holliday Creek. Mrs. Fortner stated that they do not have adequate maintenance of any kind in this area. She stated that as long as they have clogged channels and ditches, they will have bad streets and flooding. Alderman Thomas mentioned a program for sidewalks in this area. It was explained that the homeowners in this area would pay 100 percent of the cost, or $5.00 per running foot. Alderman Adcock noted that weeds in alleys have to be taken care of by each property owner. Mrs. Fortner also noted that there are also inadequate traffic signals in this area. Kenneth Ritchie, 2925 Knoll , wondered why his street is not included in the paving program. Ernest Lillard stated that this street is unpaved, and other streets were petitioned and set up with greater demands. Three streets to the East of Armory road are unpaved. The other streets are under a reconstruction program. This would be an assessment paving program. Mr. Ritchie stated that a petition for paving has been up here for two years. The City Manager stated that it will have to be included in an assessment program. Mayor Hill encouraged Mr. Lillard to bring this to the Council on the next assessment paving program. Delia Edgman, a resident on 33rd Street, stated that she found six water leaks yesterday on four streets. The City Manager explained that these lines will be replaced as the streets are paved. Ernest Lillard stated that he hoped the projects could be completed before the spring is over. Alderman Russell asked for clarification on garbage collection. Mr. Bowling stated that some people do not have racks for garbage, and dogs get into it. Also, if the garbage is dropped, the men do not pick it up. Some of the people in the neighborhood are not physically able to take care of their alleys. He feels if they were graded it would be better. Alameda Moeller, 2510 Jasper, stated that they paid $5.50 for street paving several years ago. It was pointed out that this rate is for sidewalks. L. J. Fortenberry, 2315 Holly, stated that he gets all the drainage from Holliday Street. He stated that he has a sewer behind his house. Also, he cannot get a light on his street, and there are four lights on the next street. Mr. Fortenberry stated that the City Manager told his wife that she could put up a light and pay for it herself. He stated that he has paid money out of his own pocket to help with the drainage. An unidentified woman stated that she called a cab, and it had a window broken out. The cab driver stated that the cab company would not allow them to bring better cabs out there because of the streets. i 277 Item 10d, cont'd. Mr. Bonner, 1300 32nd Street, mentioned flooding problems in that area. Mayor Hill asked him if he heard them talking about the Holliday Creek project? On streets that are paved the water cannot get out, and cars will flood out on the paved streets. Mayor Hill thanked the people for bringing their problems to them. They will try to help them as much as possible. Item 10e Mrs. Payne was not present to address Hillcrest Cemetery problems. ✓Item lla A proposed ordinance was presented establishing water rates to be collected by the City. vORDINANCE NO. 3530 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES, ESTABLISHING WATER RATES TO BE COLLECTED BY THE WATER DEPARTMENT OF THE CITY. Moved by Alderman Thomas that Ordinance No. 3530 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Alderman Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None V Item llb A proposed ordinance was presented establishing sewer rates. G ORDINANCE NO. 3531 ORDINANCE AMENDING PARAGRAPHS (b) AND (c) OF SECTION 32-57 OF THE CODE OF ORDINANCES. ESTABLISHING RATES FOR SEWER SERVICE. Moved by Alderman Smith that Ordinance No. 3531 be passed. 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 llc A proposed ordinance was presented establishing garbage and refuse rates. Mayor Hill felt that we should perhaps not increase this because of the people on a fixed income. The City Manager stated that capital and personnel costs are increasing. Ernest Lillard stated that the cost of vehicles, parts, and fuel have gone up. Four corrections were made in the ordinance, and an emergency provision was added. . ORDINANCE NO. 3532 ORDINANCE AMENDING SECTION 17-19 AND 17-62 OF THE CODE OF ORDINANCES TO INCREASE THE CHARGE FOR CARRY OUT SANITATION SERVICE. Moved by Alderman Smith that Ordinance No. 3532 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: Mayor Hill i, Item 13a Maurice McCall was the apparent high bidder on land offered for sale by the City in the area of Kessler, Santa Fe, and Kenesaw. He requested that action be 278 Item 13a, cont'd. delayed for 30 days on award of the bid due to some doubts about the title. Mrs. McCall stated that in 1963 the Catholic Church had quitclaimed a portion of this land to another person. In another deed in 1926, there was a restrictive covenant not mentioned in the 1927 deed. Moved by Alderman Thomas that action be delayed for 30 days. Motion seconded by Alderman Traywick, and carried unanimously. i ' Item l l d A proposed ordinance was presented granting waiver of the sign ordinance. ORDINANCE NO. 3533 ORDINANCE GRANTING WAIVER OF SIGN ORDINANCE (ORDINANCE NO. 3263) FOR SMITH'S GARDENTOWN LOCATED AT 4100 KEMP STREET. Moved by Alderman Thomas that Ordinance No. 3533 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None (Alderman Smith abstained due to a conflict of interest. ) JItem lle A proposed ordinance was presented granting waiver to allow art sale in Bellevue Park. V ORDINANCE NO. 3534 ORDINANCE WAIVING SECTION 22-1 (a) , OF THE CODE OF ORDINANCES FOR ONE DAY AT BELLEVUE PARK. Moved by Alderman Thomas that Ordinance No. 3534 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 Director of Parks Bill Hursh requested direction on future requests of this nature. The Council will look at each one individually. ✓ Item 12b A proposed resolution was presented amending water purchase contract with Archer City. Frank Douthitt, Attorney for Archer City, recommended adoption of the modification provided the increase was effective at the first billing period after August 31 , 1979. The next modification would be in April 1980. RESOLUTION NO. 2386 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF ARCHER CITY. 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 City of Archer City 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. 2386 be passed. 279 Item 12b, cont'd. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None A separate agreement on exceptions was discussed. Moved by Alderman Thomas that a separate agreement be approved on the agreed upon items in the City Manager's letter of August 28. Motion seconded by Alderman Adcock, and carried unanimously. The Board of Aldermen recessed at 12:45 P.M. , and resumed at 1 :05 P.M. ✓ Item 14c Discussion was held on continuance of the Task Force on Reconstruction and Redevelopment. Alderman Traywick stated that he did not want to create any controversy in the committee. He has nothing but the utmost regard for them. The thinking is that it was to take a very basic short term function in the beginning after the tornado. We now have the goals committee which has received a charter from the state. He feels this committee's work is basically finished, and that will now assume this role. RESOLUTION NO. 2387 A RESOLUTION REPEALING SECTION 4 OF RESOLUTION 2336 ESTABLISHING A TASK FORCE FOR RECONSTRUCTION AND REDEVELOPMENT OF THE TORNADO AFFECTED AREA. WHEREAS, Section 4 of Resolution 2336 created, established, assigned responsibil- ities and made appointments to a Task Force for the Reconstruction and Redevelopment of the tornado affected area; and, WHEREAS, the Board of Aldermen now believe the duties and responsibilities of this Task Force have been fulfilled in an excellent and comprehensive manner; and, WHEREAS, the Goals for Wichita Falls Committee can assume the duties and responsibilities originally assigned to the Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Section 4 of Resolution 2336 is hereby repealed. 2. Responsibilities assigned to the Task Force for Reconstruction and Redevel- opment of the tornado affected area are transferred to the Goals for Wichita Falls Committee created by Section 3 of Resolution 2336. Moved by Alderman Traywick that Resolution No. 2387 be passed, and that the committee be complimented for the outstanding work which they have done. Motion seconded by Alderman Russell . Charles Harper stated that the Goals Committee is a child of the Task Force. When it was started they thought it would take a different turn than what it has. It will be sometime next year before anything is done by them. The Reconstruction and Redevelopment Committee is working on a recommendation for improving and tightening up our inspection ordinances. They are continuing their work in trying to come up with some solutions to the housing problem. He does not feel that they are through, although he is ready to be through. If the committee is dissolved, he hopes they would leave them as members of the Goals Committee, and that the Council will take on the work which they have been doing. Alderman Adcock wondered if the committee was set up for one year? It seems if there is some work which they need to do, then they should continue doing it. Alderman Thomas inquired if attendance has dropped off in the committee? Mr. Harper stated it had been dropping off in the last two meetings. Alderman Smith stated that he felt there would be problems for quite some time yet. People outside the tornado area seem to feel that it is over. Those who were in it are still having financial and other problems. 280 Item 14c, cont'd. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas Nays: Aldermen Smith and Adcock Alderman Traywick stated that he would like to express our appreciation in some manner to the committee. A resolution will be prepared for their consideration at the next meeting. Mayor Hill expressed personal thanks to Mr. Harper. i Item 4a A proposed ordinance was presented amending the subdivision ordinance to include fees for replatting, reviewing, and processing certain requests. Director of Planning Roger McKinney presented reasons for instituting these fees. Considerable resources are expended in research and reproduction of information necessary for review by boards and committees. (Alderman Russell left the Council Meeting. ) , ORDINANCE NO. 3535 AN ORDINANCE AMENDING APPENDIX A, COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118, OF THE CODE OF ORDINANCES TO PROVIDE A FEE FOR: REPLATS, REVIEWING AND PROCESSING VARIANCE OR WAIVER REQUESTS, AND STREET, ALLEY, OR UTILITY EASEMENT CLOSURE REQUESTS. Moved by Alderman Thomas that Ordinance No. 3535 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None " Item 12a A proposed resolution was presented authorizing the City Manager to make grant application to Law Enforcement Assistance Administration for an arson control program. 'RESOLUTION NO. 2388 A RESOLUTION APPROVING APPLICATION FOR LAW ENFORCEMENT ASSISTANCE ADMINISTRATION GRANT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for a Law Enforcement Assistance Administration grant for an arson control program is hereby approved, and the City Manager is authorized and directed to complete and file the application for such grant. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. Moved by Alderman Smith that Resolution No. 2388 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 5a A proposed resolution was presented renewing lease agreement with National Weather Service for space at Municipal Airport. Alderman Traywick wondered if this is typical of the type of agreements we make with federal agencies? He feels it is a good rate. 281 Item 5a, cont'd. RESOLUTION NO. 2389 RESOLUTION APPROVING LEASE AGREEMENT WITH UNITED STATES NATIONAL WEATHER SERVICE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Lease No. NA79WBF00037, a copy of which is attached hereto, between the City of Wichita Falls and the United States of America, which increases the rental payable for the space occupied by the National Weather Service at Wichita Falls Municipal Airport, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2389 be passed. Motion seconded by Alderman Traywick, and carried by the following vote: Ayes : Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 13b This item regarding water distribution lines was not discussed at this meeting. Item 14a City Manager Gerald Fox explained the purpose of the Property Services Element Study as it relates to our Community Development Plan for 1980-2000 for water, sewer, and drainage master plans. Moved by Alderman Thomas that the Property Services Element Study be received. Motion seconded by Alderman Adcock, and carried unanimously. Item 14b Discussion was held on additional surface water supply study. The City Manager explained the purpose of this study. As a result of this study, he has recommended delay of Phase II for a four or five year period. Engineers have indicated in the study that we have a sufficient water supply until the year 2000. Mayor Hill asked if we could not go ahead and secure water rights now? Mr. Fox stated we could not get it and sit on it. Alderman Thomas felt that the fact that we have conducted this study, and plan to continue it, would help us with the Water Rights Commission. Alderman Smith stated that he hated to see us drop this at this time. He would like to begin work on a site now. He suggested that we try to find out if other cities are willing to work on a mutual agreement. Alderman Hampton agreed. Alderman Smith stated that he would first like to see what interest the utilizing cities have to participate in this study. The Board of Aldermen adjourned at 1 :50 P.M. PASSED AND APPROVED this //t/'day of t� 1979. t J MAYOR ATTEST: CITY CLERK AGREEMENT FOR FIRST AMENDMENT TO WATER PURCHASE CONTRACT, CITY OF ARCHER CITY, TEXAS AND CITY OF WICHITA FALLS , TEXAS WHEREAS, under date of September 4 , 1979 the City of Wichita Falls and the City of Archer City approved the First Amendment to a Water Purchase Contract between the two cities dated September 21, 1976 ; and, WHEREAS, the approval of the First Amendment to the Water Purchase 'Contract shall be subject to the following agreements. NOW, THEREFORE, the parties do hereby agree as follows : Should Archer City fail to agree to the formula and system for water rates being developed by Wichita Falls and provided for in the First Amendment to Section 2. 0, the $ . 14 per 1,000 gallons water rate approved in the First Amendment to the Water Purchase Contract will not prejudice Archer City in future litigation or rate proceedings respecting the water rate, and any such proceeding will be considered as if this first amendment had been made to the contract without changing the rate from $ . 085 to $ . 14 and the minimum from $200 to $300 . , IN WITNESS WHEREOF, the parties hereto have caused the agreement to be executed on this the 4" day of , 1979. CITY OF WICHITA FALLS, TEXAS by q������ Cit Manager ATTEST: i AA�2 City Clerk CITY OF ARCHER CITY, TEXAS by yor ATTEST: A City Secretary 1- FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of September 21, 1976 the City of Wichita Falls and the City of Archer City entered into a water purchase contract, by which Wichita Falls sold water to the City of Archer City under the schedule of rates established in Section 2.0 of such contract, which rates are subject to modification after two years to twice the actual cost of providing raw water; and, WHEREAS, a first amendment to the water purchase contract was approved by Resolution 2228 which implementation was later postponed by the Board of Aldermen; and, WHEREAS, a subsequent first amendment to the water purchase contract was approved by Resolution 2307 which was not executed by Archer City; 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 September 21, 1976 is hereby amended as follows: Section 2.0: The cost of water purchased by Archer City shall be based in accordance with the following schedule: $0.14 per 1, 000 gallons Minimum monthly bill $300. 00 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and which rate making system and formula is mutually agreeable to both parties. 2. Resolution 2228 approving a first amendment to this water purchase contract is hereby repealed. 3. Resolution No. 2307 approving the first amendment to this water purchase contract is hereby repealed. 4. Effective date of this amendment shall be for all water bills rendered after August 31, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the 4th day of September , 1979. CITY OF WICHITA FALLS, TEXAS BY: arv�� City anager ATTEST: ✓� 'Ca City Clerk CITY OF ARCHER CITY, TEXAS BY Mayor ATTEST: City Secret ry -2- STANDARD FORM Z FEBRUARY 1465 EDITION U.S. GOVERNMENT ADMINA FRA11 N LEASE FOR REAL PROPERTY AUMIN ISIRA710N FPR(41 CFin 1-16f01 UA7 E OF LEASE LEASE NO ,1ul.y 1, 1979 NA79WHF00037 THIS LEASE, made and entered into this date by and between — ^ City of Wichita Falls, Texas whose address is Wichita Falls, Texas 76301 and whose interest in the property hereinafter described is that of Lessor hereinafter called the Lessor, and the UNITED STATES OF AMERI CA,hereinafter called the Government: WITNESSETIL The parties hereto for the considerations hereinafter mentioned,covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Approximately 1,228 ri 2 t usable square feet of space, consisting of Office for Meteorologist in Charge ( 12 sq, ft.), Observing and Briefing Room (524 sq. ft. ), Radar Room (185 sq, ft.) Off- ice for Electronic Technician (184 sq. ft.) , and Storage Room (123 sq. ft.), on the first floor of the Administration Building; approximately 200 sq. ft. of ;round space for radar equipment adjacent to Observer-Briefing and Radar Roo.n oil soutiq.Test outer wall beginning one foot southeast of the southeast edge of door and southeastward along the wall to a point 13' 9", thence southwestward 14' , northwestward 13' 9", thence northeastward 14' to point of beginning one east of southeast edge of door, and other ground and/or roof space as r..ay be ly agreed by the parties hereto for instrumental equipment with cable cono-ec all space located at Municipal Airport, Wichita Falls, Texas which space Iial readily and conveniently accessible at all times, to be used exclusively for aiipor office quarters and uses incidental thereto. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning oft . .---- ----- ---Julyl,-_1979-------------------------- through ._--S.E'-_pCei116er---3.Q,--.19Z9---_., subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of ,S-5..808-.44---------.--------------- -- at the rate of s484,.-04- ---- per - ---- ----Wrltk1-._._-----...__.- _ ---.-- in arrears. Rent for a lesser period shall he prorated. Rent (pecks shall be made payable to: City of ',"ichita falls, Wicliita Falls, Texas 76301. Payment is contingent uf::iz the passage of an appropri 7tion by the Congress from which expenditures thereunder may e made, and the Unite (continued) 4. The Government may terminate this lease at any time by giving at least -sixty--(-6u) clays' notice In writing to the Lessot and no rental sh.ill accnle after the effective date of termination. Said notice shall be computed conunenc- ing with the day after the date of mailing. 5. This lease niay be renewed at the option of the Government, for the following terms and at the hdh.%(u1}: rentals: Five Thousand Eight Hundred Eight and 44/100 Dollars ($5808,44) and otherwise upon the terms and conditions herein specified, provided that no renewal shall extend th period of occupancy of the premises beyond the thirtieth day of September, 1934; and, provided notice be given in writing to the Lessor at least thirty-_(N)days before the encl of the original lease terni or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the (late of trailing. 2-106 �� t 6. The Lessor shall furnish to the Government, as part of the rental consideration,the following: Lighting fixtures and electrical outlets, including maintenance thereof; replace- tnent bulbs, tubes, ballasts, and starters; heat and heating facilities, including maintenance thereof; air conditioning, including maintenance thereof and electrical power for operation thereof; drinking water facilities for chilled water; restr.com facilities for both sexes, including supplies, janitor services, including janitor and toilet supplies, said services being varied in the difference areas and more , particularly described as: Janitor service for 24-hour use areas - sweep and remove trash every ! 8 hours; mop floor every day; dust furniture and fixtures and clean walls as required; strip floor and apply high grade floor finish at 3-week intervals. Other areas same as the preceding, except sweep and remove trash once each day and strip and finish floors at 6-week intervals; all toilet facilities to be cleaned and supplies checked each 8 hours, and other cleaning operations as required. The above described services to be rendered to the National Weather Service fac li- ties located in the Administration Building, Municipal Airport, Wichita Falls, ix. I 7. The following are attached and made a part hereof: The General provisions and Instructions (Standard Forst 2-A, May,_.197.0_ edition). and Sheet No. 3 including Paragraphs No. 9, 10, and 11. I 8. The following changes were Horde in this lease prior to its execution: V The words "heirs, executors, administrators" in paragraph 16 of SF-2A were deleted. IN WITNESS WHEREOF, the parties hereto ha%e hereunto subscribed their names its of the date first abos e written. LESSOR - -- CITY OF WICHITA FALLS BY.--------------- ----..-----------_.___.- ------ --.-_-_----..--- ---------`- - (Signature) (Sig,I.vure) IN PRESENCE OF: ------- -----------'- - -_. .---------_._-..._--- --- --___-__ ___-...- ------------...___ -.. (Nigvalurt) (Addy err) UNIfEDSI'ArESOEAMERICA , Dept. of Commerce, NOAA, National Weather Service BY.--- ---------..---------`..- -- - ------- ._. .-__- --_.- - - -------------------------`-------_-..------ ----'----- -.. -- - (.Sigua(we) (o[r,ial fiPie) STANDARD FORM 2 U. 91COVERNW NT PAINTING OFFICE': 1974 0- 638-01.1 J. Lease No, NA79WBF00037 ,3_ 3. (cont 'd) States shall not be obligated upon failure of Congress to so appro- priate. 9. If at anytime during the period of this lease or any renewal thereof, the Lessor desires to change the 'location of sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies his facili- ties (runways and other areas) in such a manner so as to adversely affect or render useless Weather Service equipment, facilities, and/or their related power, control or signal lines, any expense for repair, or for removal of facilities and installation of equivalent facilities at any other site agreo- able to the Government shall be at the expense of the Lessor. 10. It is understood and agreed by the parties hereto that this lease supersede) and stands in lieu of Lease 06-6-021-61009 which expires by limitation on June 30, 1979. 11. It is also understood and agreed by the parties hereto that this lease is hereby renewed for the period October 1, 1979 through September 30, 1980. I I