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Min 10/02/1979 298 Wichita Falls, Texas Memorial Auditorium Building September 25, 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. Curtis Smith Mayor Pro tem i Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Kenneth Hill Absent The invocation was given by Alderman Traywick. Item 3 Moved by Alderman Thomas that minutes of the meeting held September 18, 1979, be approved. Motion seconded by Alderman Adcock, and carried unanimously. Item 4a The public hearing was opened on the annual budget and work program for 1979-80. City Manager Gerald Fox explained that the budget projects total resources available at $25,135,500, with estimated expenditures of $24,564,408, leaving an ending balance of $571 ,000. He noted that a tax rate of $1 .00 per $100 of assessed value would support this budget. He further explained that certain items have surfaced which should be considered by the Board of Aldermen prior to final adoption of the budget. The $13,000 increase to MHMR was approved earlier in September. Wichita General Hospital Board has also requested an additional $10,000 support. it A reduction of $3,000 has been made for expansion of the golf course maintenance facility. Discussion also should be given to a possible merger of the Firemen's Relief and Retirement Fund with the Texas Municipal Retirement System. Alderman Thomas stated that we need to consider the matter of increasing from $80,000 to $90,000 to the General Hospital . Alderman Traywick stated that the hospital revenues will be in the area of 16 million per year. The City Manager noted that a few years ago there was a disagreement of division of support to the hospital . For operating cost, the ratio would remain at two-thirds County and one- third City, and on a 50-50 basis for capital expenditures. Alderman Thomas stated that he would favor not spending the $10,000 because of increased taxation to our property owners. Alderman Traywick stated that our health care facilities are very important, and we should continue our support to show them that the hospital is vital to our community. We supported them in the proposed creation of a hospital district. Gerald Carlson, Chief Accounting Officer, stated that the Board of Trustees of the Firemen's Relief and Retirement Fund has made a request to increase contributions to the firemen's retirement plan from 7.5 percent to 13.62 percent, and allow the firemen to select the plan they are under, or to join TMRS. Other city employees, except the Police Department, put in five percent of their salary, and the City contributes 4.68 percent. The Policemen contribute 7 percent, and the City 4.68 percent. The firemen now contribute 7 percent and the City 7.5 s 299 Item 4a, cont'd. percent. An actuarial study has been underway to determine the best system for them. Fire Chief Hurshel Johnson stated that the Firemen's Pension Act has been in effect since 1941 . It was in 1957 that the City went under TMRS. This is the first time that this matter of going into TMRS has been considered. Alderman Traywick wondered if the present plan on investment returns is in line with others? The City Manager stated that the Firemen's Relief and Retirement System is actuarily sound. Chief Accounting Officer Gerald Carlson stated that we are right in line with our return on investment. Alderman Thomas inquired if the administration fee of City National Bank is based on investments? Gerald Carlson stated that the fee was $2,500 last year. There is in excess of two million dollars in the fund. Alderman Thomas stated that it seems for the City to increase its cost from 7.5 percent to 13.62 percent does not seem very good business when what we have is doing a good job. He feels the recommendation to defer this to 1981 is the best plan. He agreed that it would be good to get all employees under the same system. Alderman Traywick stated that what we are really doing is buying benefits to bring them up to the level of other employees. They are not in line with the benefits which they will receive under TMRS. The City Manager stated that it is costing more, but that the Council would not be providing them any more benefits than other employees have. Alderman Adcock stated that the only vesting is what employees put in the system themselves. If they work beyond retirement age they can keep what the City contributes, as well as what they put in. It was noted that a new employee is covered immediately. Alderman Thomas stated that he was not in favor of taking any action on this until January 1 , 1981 . The City Manager stated that the firemen are asking for an indication of whether they increase the local plan or to TMRS. That will give the actuary something on which to base his study. Moved by Alderman Thomas that we not consider this to become effective until January 1 , 1981 , but that we only increase the contribution of the City if their plan is merged with TMRS. Motion seconded by Alderman Hampton. Lieutenant Walter Berend stated that they are trying to get a good study on both systems. That is why they need to compare the same contributions on both plans. This is what the actuary requested. Alderman Traywick stated that it will be very difficult to pair these plans together. He also noted that this study can be made without the commitment of the Board of Aldermen. The motion failed to carry by the following vote: Ayes: Aldermen Hampton, Thomas, and Adcock Nays : Mayor Pro tem Smith, Aldermen Traywick, and Russell Gerald Carlson stated that a contractor has already been engaged. The Council suggested that they go ahead with the study, and present it to them again after it has been completed. Moved by Alderman Traywick that the funding level of the Wichita General Hospital be increased from $80,000 to $90,000. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , and Adcock Nays: Alderman Thomas The public hearing was closed. P 300 Item 4b A RDINANCE NO. 3540 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1979, AND ENDING SEPTEMBER 30, 1980, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY. i Moved by Alderman Hampton that Ordinance No. 3540 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , and Adcock Nays : Alderman Thomas The City Manager stated that there will be a net increase of $20,000 in both the general fund and total budget. Item 4c A public hearing was opened on general revenue sharing budget. Angus Thompson appeared as Director of Community Action Corporation. He requested improvements in the building presently occupied by CAC, and owned by the City of Wichita Falls. The building is provided to CAC rent free. He noted that the waterpipes are old and worn. The meals-on-wheels kitchen is located there. He requested $41 ,000 to build an additional wing on the building to build a kitchen and other improvements. If this is too large an allocation to fund in one year, they request that it be funded over a two-year period. Some of the work would be done by CAC staff members. The City Manager stated that they have received a minimum figure of $3,500 for the compliance audit, and the maximum is larger. They will try to hold it to the minimum figure. This would reduce the contingency fund from $28,500 to $27,000, and increase the audit from $2,000 to $3,500. Alderman Thomas wondered if the thinking of the Council on improving the CAC building is still the same? Alderman Traywick asked Mr. Thompson what he would feel would be the more important work to be done now if they could not fund the entire cost? Mr. Thompson stated that they would ask the, Council to construct the kitchen. They would do the inside work. Alderman Hampton stated that we do not know that we will receive revenue sharing money next year. The City Manager stated that the legislation expires on September 30, 1980, unless renewed. Alderman Hampton stated that $27,000 will fund a complete project in Parks. Perhaps we should look at the request of CAC later in the year to see if we have sufficient revenue to take action on it. Alderman Adcock stated that he would favor the CAC project over Maplewood Park. He suggested that it be left in contingency, and not fund either Maplewood Park or CAC at this time. Alderman Russell stated that she would prefer to see us fund a complete job on Maplewood Park, and wait and see what funds we would have later from the general operating fund. The public hearing was closed. Item 4d ORDINANCE NO. 3541 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING TRUST FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3541 be passed, appropriating $3,500 in account 93-126, and $27,000 in account 93-465, with the total remaining the same at $1 ,305,000.00. k f 301 Item 4d, cont'd. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , and Thomas Nays : Alderman Adcock i Item 5a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3542 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Thomas that Ordinance No. 3542 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 5b A proposed resolution was presented determining the necessity for acquiring certain land for Midtown 2000 plan. ; RESOLUTION NO. 2399 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING LAND ACQUISITION POLICY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is necessary to acquire the following described tracts of land for the "Midtown 2000" improvement project under the Community Development Block Grant Program, to wit: All of Lots 1-7, Block 177, Original Townsite of Wichita Falls. SECTION 2. The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the "Midtown 2000" improvement project. SECTION 3. The following procedures shall be used in the acquisition of properties for the "Midtown 2000" improvement project, the objectives of which are to insure that uniform, fair and equitable treatment be afforded persons dis- placed as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts, to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land acquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. B. Real property shall be appraised before the initiation of negotiations, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall offer to acquire the property for the full amount so established, which shall be not less than the approved appraisal of the fair market value of the property. The owner shall be provided with a written State- ment of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the compensation for the property acquired and the net damages or benefits to the remaining property. I 302 Item 5b , cont'd. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of just compensation, the price will be adjusted accordingly by the appraiser. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation pro- ceeding for such property. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. I. If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement on the price to be paid for the property. K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of intention. Moved by Alderman Thomas that Resolution No. 2399 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 5c A proposed ordinance was presented amending general revenue sharing appropriations. Certain appropriations were not fully expended, and this ordinance makes the necessary changes. ORDINANCE NO. 3543 ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS. Moved by Alderman Hampton that Ordinance No. 3543 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. r 303 Item 5c, cont'd. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None ,/Item 6a A proposed resolution was presented approving second amendment to water purchase contract with Lakeside City. RESOLUTION NO. 2400 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH CITY OF LAKESIDE CITY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract a copy of which is attached hereto, between the City of Wichita Falls and the City of Lakeside 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. 2400 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item 6b A proposed resolution was presented calling a public hearing on an intention to increase taxes. The City Manager explained that a tax rate of $1 .03 would assist us if a bond issue were passed. A public hearing is necessary before the City can set the rate. It was noted that a tax rate of $1 .00 would support our budget for 1979-80. The notice must contain the percentage of tax increase. RESOLUTION NO. 2401 RESOLUTION STATING INTENTION TO INCREASE PROPERTY TAXES, GIVING NOTICE THEREOF AND CALLING A PUBLIC HEARING THEREON. WHEREAS, House Bill No. 18, adopted during the second called session of the 65th Legislature of the State of Texas, stated that the governing body may not adopt a tax rate that exceeds the rate calculated under Section 1 of such act by more than 3 percent until it has given public notice of its intention to adopt a higher rate and has held a public hearing on the proposed increase; and, WHEREAS, it has been suggested by the City Manager that the Board of Aldermen increase property taxes for the year 1979 by about 6.5 per cent by adopting a tax rate of $1 .00 per $100 evaluation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is the intention of the Board of Aldermen to adopt a tax rate of $1 .00 per $100 evaluation, which would increase property taxes by 6.5 per cent over 1978 taxes, as calculated in accordance with Section 1 of said House Bill No. 18; public notice is hereby given of such intention. SECTION 2. A public hearing on such increase will be held on Thursday, October 4, 1979, at 5:00 o'clock P.M. in the City Council Room in the Memorial Auditorium building in Wichita Falls, Texas. Moved by Alderman Thomas that Resolution No. 2401 be passed by inserting the percentage rate of 6.5 instead of 9.9, and a tax rate of $1 .00 instead of $1 .03, where it appears. 1 304 Item 6b, cont'd. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 7a Bids were considered on an annual supply of data processing report forms. Moved by Alderman Hampton that the bid for date processing forms be awarded to Moore Business Forms in the amount of $49,762.08. Motion seconded by Alderman Russell , and carried unanimously. Item 8b City Manager Gerald Fox stated that he would like authority for the Mayor and himself to support the five member tax appraisal board first of all , and to indicate, if there is not enough support to retain the five members, their authority to pursue any other alternative which would provide the best representation and the best plan they can get. I Moved by Alderman Traywick that we support the five-member board and/or authority to support a plan which would provide the best representation to the City of Wichita Falls. Motion seconded by Alderman Thomas, and carried unanimously. Alderman Russell announced the formal opening of the Activities Center at 10:30 A.M. on Friday, September 28. Alderman Adcock noted that garbage collection has been resumed to twice a week. The City Manager requested that the Sanitation Department get some publicity out on it. The Board of Aldermen adjourned at 10:25 A.M. PASSED AND APPROVED this- /z day of 1979. MAYOR ATTEST: ✓' Gam. CITY CLERK i SECOND AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of April 13, 1970 the City of Wichita Falls and the City of Lakeside City entered into a water purchase contract, by which Wichita Falls sold water to Lakeside City under the schedule of rates established in Sec- tion 2. 0 of such contract; and, WHEREAS, this contract was amended on October 7, 1975 whereby the water rates established in Section 2. 0 were modified; and, WHEREAS, there has been an increase in costs of providing such treated water under this contract and the domestic water rates for Wichita Falls ' custo- mers has been changed, 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 April 13, 1970 and amended on Oct- ober 7, 1975 is hereby amended to read as follows: Section 2. 0: The cost of water purchased by Lakeside City shall be based in accordance with the following schedule: $0.45 per 100 cubic feet This water rate is subject to modification annually for all bills rendered after April 30 of each year based upon a rate making system and formula to be developed by Wichita Falls and which rate making system and formula is mutually agreeable to both parties. 2. The effective date of this amendment shall be for all water bills rendered after September 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of , 1979 CITY OF WICHITA FALLS, TEXAS F BY: CITY MANAGER ATTEST: CITY CLERK CITY OF LAKESIDE CITY, TEXAS BY: MAYOR ATTEST: CITY SECRETARY -2- 305 Wichita Falls, Texas Memorial Auditorium Building October 2, 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 Assistant City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk The invocation was given by Reverend James Heckathorn, First Nazarene Church. Item 3 Moved by Alderman Hampton that minutes of the meeting held September 25, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 7a Moved by Alderman Thomas that Items 4a through 7a on the consent agenda be approved. Motion seconded by Alderman Smith. I tem 4a ORDINANCE NO. 3544 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF THE ALLEY IN BLOCK 2, EDGAR SCURRY SUBDIVISION, BETWEEN LOTS 13, 14B, AND 16A. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ` Item 4b ORDINANCE NO. 3545 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 1 , EDGAR SCURRY SUBDIVISION. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 4c ORDINANCE NO. 3546 AN ORDINANCE RELEASING AND ABANDONING A CERTAIN UTILITY EASEMENT SITUATED IN LOT 1 , BLOCK 24, MIDWESTERN PARK SUBDIVISION. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 306 Item 4d ORDINANCE NO. 3547 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5a ' RESOLUTION NO. 2402 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATED OF AMERICA, FOR OPERATING ASSISTANCE GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT of 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant or other services; and, WHEREAS, Resolution Number 2152, June 6, 1978, authorized the City Manager to execute and file an application on behalf of the City of Wichita Falls with the U.S. Department of Transportation for operating assistance funds for the eligible amounts for the period from October 1 , 1977 through September 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to execute and file a revision to the application covering the period from October 1 , 1977 through September 30, 1978. The revision will reflect actual expenses and revenues for the period and will correct the estimated totals included in operating assistance project TX-05-4056, submitted to the Urban Mass Transportation Administration on August 7, 1978. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5b Assistant City Attorney Kyle Morrison noted a correction in Section No. 2 of the proposed resolution concerning property appraisals for a pump station. RESOLUTION NO. 2403 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR AN EIGHT INCH FORCE MAIN AND SEWERAGE PUMP STATION NO. 45 PROGRAM AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of an eight (8) Inch Force Main and Sewerage Pump Station No. 45, and, WHEREAS, such properties have been appraised by an appraiser employed by the City of Wichita Falls and the amounts of the values as determined from the appraisals i 307 Item 5b, cont'd. have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Utilities 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 properties to be purchased by Warranty Deed and Easement are as follows: AN EIGHT (8) INCH FORCE MAIN AND SEWERAGE PUMP STATION NO. 45 By Easement A 0.037 acre tract out of a 5.35 acre tract in the Thomas Curry Survey, Abstract No. 344, Wichita County, Texas. By Warranty Deed A 0.028 acre tract out of a 7.91 acre tract in the Thomas Curry Survey, Abstract No. 344, Wichita County, Texas . i Total values approved in this resolution----------------$390.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed or by Easement such tracts of land as described in attached exhibit. The authorized price to be paid for such tracts are the values as determined from the appraisals made by the real estate appraiser employed by the City of Wichita Falls. Section No. 3 In the event the City Manager is unable to purchase any such tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls. The corrected resolution was approved by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None I tem 5c RESOLUTION NO. 2404 RESOLUTION GRANTING DISTRIBUTION EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR SERVICE TO EASTSIDE WATER PUMP STATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain distribution easement, a copy of which is attached hereto, from the City of Wichita Falls to Texas Electric Service Company, for service to the Eastside water pump station is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None I tem 6 Minutes of the meetings of the following boards and commissions were received. a. Aviation Advisory Board - September 19, 1979 b. Planning Board - September 12, 1979 c. Arts Commission - September 18, 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 308 Item 7a A public hearing on clean-up of storm damaged properties was set for November 6, 1979. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8a Kay Kienast appeared representing Educational Innovators, Inc. , Richardson, Texas. She stated they have been working with Child Care, Inc. in the child care training program with the individuals on the staff of the centers. The staff enjoyed the training they received and there have been remarkable changes in the staff. A training manual has been developed. There is much yet to be done, but what was done in the past two-month period was done well . Karen Bordelon, 210 Martin Springs, Texas Department of Community Affairs, Austin, appeared stating they are grateful to the City for the commitment to the Child Care Center. Bill Lovelace, Educational Innovators, Inc. appeared summarizing the activities of Educational Innovators, Richardson, Texas, and Child Care Inc. in Wichita Falls. He presented a 10-minute slide presentation on the Child Care Center. Item 8b Reverend Baxton Bryant of the Wesley United Methodist Church appeared. They are requesting that Weeks Street be extended eastward behind their property line. They ask that the City pay one-half of the construction cost and the church pay one-half, the City to construct the drainage ditch, and complete the extension of Weeks Street to Jacksboro Highway. Reverend Bryant expressed his appreciation to the City Manager, the Public Works Department, and the Planning Department for spending time with Wesley United Methodist Church. He stated they have a piece of land bought 20 years ago with the understanding that a bond issue was in process which would complete Weeks Street all the way from Lake Park Drive to Jacksboro Highway. Plans were drawn up with the church facing Weeks Street. Because the bond issue failed, the plans were then changed and the building site moved to allow access from P.B. Lane. The church has remained there for 20 years until the tornado. We would like to join with the Board of Aldermen in addressing these problems since we are where we are. We would not be appearing before you as a subdivider asking for your participation if we were just subdividers. We do not want any special favors. It will take $523,000 to replace the church. We had less than $200,000 insurance on the church. I cannot in any good conscience recommend that our 353 members undertake a $300,000 debt. We decided to sell some of our land. We can raise some funds and then handle a $150,000 loan. It would benefit all of the area to have Weeks Street through, not only us. There is a drainage ditch back of Southwinds which is a problem, and also a traffic problem. All the traffic from Jacksboro Highway west to Lake Park Drive must use Southwinds and P.B. Lane. We are asking that you participate one-half with us in the building of the street. We need two things: 1 ) If Weeks Street is going to be completed, it will have something to do with where we place our church, 2) We would like to participate in it, but if we spend the money that we get from the sale of our land to do all of it, it will not leave us with enough to make it a good business judgment when it will not accrue to us. We would like for the Council to move up the priority in the building of Weeks Street. The street has already been dedicated. It would not have to be condemned. Alderman Thomas stated that there would be no discrimination against the people located East of the church if the City and the lot owners each pay half of the cost of construction of the street to the Jacksboro Highway. The discrimination would be against other subdividers, as in the past we have required each subdivider to pay 100% of the street costs. The church would want us to do all of the drainage ditch, but in the past the City has provided labor and equipment if the subdivider furnished 309 Item 8b, cont'd. the raw materials. The City Manager stated if a drainage ditch is adjacent or inside of a subdivision all of it is paid for by the subdivider. We have a policy available to individual property owners where the City will provide the labor and equipment and the property owner will provide the raw materials. Alderman Thomas stated we are being more generous with the church than with any other subdivider. Alderman Thomas further stated if we make this exception for Reverend Bryant and the church, you would be surprised how many would come out of the woodwork asking for exceptions. Alderman Hampton agreed. Mayor Hill stated we are being requested, at this time, to extend Weeks Street. He does not see that he is asking for all that much. Alderman Traywick noted they are asking for the City to bear the cost of what is normally the developer's cost. Reverend Bryant stated Bob Mathews, Biggs and Mathews, had given him an estimated cost of $82,000 to complete the street and drainage ditch up to their property line, and $42,000 more to complete it up to Jacksboro Highway. Alderman Adcock asked Reverend Bryant if they have looked into the possibility of other developers acquiring and developing this property. It is a good area to develop. Reverend Bryant stated they had not. I Moved by Alderman Hampton that the staff be instructed to include Weeks Street v' in the next assessment paving or street construction project, after a determination is made by the church that they would bring the street to the East boundary line, and include the extension to Jacksboro Highway on assessment basis, and to follow the City Manager's recommendations on the drainage ditch. Motion seconded by Alderman Traywick, and carried unanimously. Item 9a Consideration was given to the initiative petition and ordinance to create a zoning commission. ORDINANCE NO. 3548 AN ORDINANCE APPOINTING A ZONING COMMISSION TO HOLD PUBLIC HEARINGS AND MAKE RECOMMENDATIONS FOR THE ESTABLISHMENT OF BOUNDARIES OF ORIGINAL ZONING DISTRICTS AND APPROPRIATE REGULATIONS TO BE ENFORCED THEREIN. Alderman Hampton felt 60 days is insufficient time from when the zoning com- mission is appointed to consider all the problems with zoning and come up with a report. This is a very important issue and it should be done the best way. It could take six months to do a proper job. There should be something that is agreeable to us for all the people to consider. Alderman Smith suggested having a consultant available at their disposal . Alderman Russell agreed with this. Alderman Russell suggested in Section 1 to expand the appointment of the board to include a total Council appointment. Alderman Thomas stated he has talked with 50 businessmen and 49 do not want zoning. He questioned the possibility of hiring a consultant and spending $30,000 then it be voted down. The money that is spent goes down the drain. Alderman Russell stated she has had the same concern. She asked Roger McKinney to explain the possibility of hitchhiking off the consultant that would be involved with the redevelopment after the tornado. Roger McKinney, Director of Planning, stated we have a proposed application with the Economic Development Administration to hire a consulting firm who would review the area that was damaged by the tornado. Alderman Russell asked me if there was a possibility that he could assist. The work the consultant would be doing would have to be approved by the Economic Development Administration. If there are areas in the tornado affected area that are related to economic development then they can be looked at if we are looking in the land use control issue as well . We may be limited because we have to use the firm primarily to do work that was approved to do by the Economic Development Administration. 310 Item 9a, cont'd. Alderman Smith stated the majority of people he has talked to have been in favor of zoning. Alderman Hampton agreed with Alderman Smith. He stated if an election is held it should be on a zoning ordinance where people would know what they are voting on. Alderman Adcock stated we have to respond to this matter. He sees no point in turning it down. It would then go to the people. If the people are going to be given an opportunity to vote, they should be given an opportunity to see what they are voting on. Jacque Allen, of the committee of petitioners, appeared stating they owe something to the 1 ,100 people that signed the petition. I have strong feelings about extending it. We do not want to have two elections. We had land use in the Planning Department five years and nothing happened. I am afraid this would happen if we start extending time. I have no objection to having the Mayor and Board of Aldermen appoint the commission, but if we start breaking this down we are going to have an ordinance that you did, and not what people signed. Charles Harper, 2501 Amherst, of the committee of petitioners,appeared stating we would do better if we had more time as far as the 60 days is concerned. I see nothing wrong with negotiating it. Alderman Traywick noted if this were prepared prior to March 5, 1980, it could be on the ballot in April . He asked about expanding the number of committee members on the zoning commission. Charles Harper noted the Planning Commission was reduced from 12 members to nine members and has worked better. It is hard to get a quorum with more than nine. He also agreed they need a consultant. Jacque Allen stated she hopes this does not go into a special election. She would like this to be included at the next city election. After a discussion on inserting dates in the ordinance instead of time limits, the following motion was made. Moved by Alderman Traywick that Ordinance No. 3548 be passed with the following amendments: 1 ) In Section 1 , after the word Mayor, add "and Board of Aldermen", and strike out "not later than thirty (30) days"; 2) In Section 2, strike out "within sixty (60) days of its appointment"; 3) In Section 4, strike out "forty-five (45) days after the public hearings are completed. ", and insert "February 5, 1980. "; 4) In Section 5, strike out "thirty (30) days after it has been reported to them by the Zoning Commission. " , and insert "March 4, 1980. " . Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None (Alderman Russell was out of the room. ) Mr. Fox noted the Board of Aldermen would want to appoint the Zoning Commission at the next regular meeting. Charles Harper thanked the Council for passing the ordinance, and pledged he would go back to the petitioners and work for their approval , and report back to the Council . Item 10a A proposed resolution was presented approving third amendment to water purchase contract with Wichita Valley Water Supply Corporation. RESOLUTION NO. 2405 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 311 Item 10a, cont'd. I 1 . That certain Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Valley Water Supply Corporation is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls, Texas. 2. Resolution 2309 adopted on March 20, 1979 is hereby repealed. Moved by Alderman Thomas that Resolution No. 2405 be approved. Motion seconded by Alderman Smith, and carried by the following vote. IAyes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None (Alderman Russell was out of the room. ) ✓Item 10b A proposed resolution was presented making an appointment to Wichita Falls City-County Board of Health. v RESOLUTION NO. 2406 RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF HEALTH FOR THE UNEXPIRED TERM OF J.A. SCOFIELD, M.D. WHEREAS, by Resolution No. 2061 J.A. Scofield, M. D. was appointed as a member of the Wichita Falls City-Wichita County Board of Health for two year term commencing January 1 , 1978 and expiring December 31 , 1979; and, WHEREAS, Dr. Scofield has resigned from the Board of Health. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Dr. Philip Fuller is hereby appointed as a member of the Wichita Falls City- Wichita County Board of Health for the unexpired term of Dr. Scofield, which term ends December 31 , 1979. Moved by Alderman Thomas that Resolution No. 2406 be passed with the appointment of Dr. Philip Fuller. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays : None (Alderman Russell was out of the room. ) Item 1 Oc Discussion was held on making appointments or nominations to the Appraisal District Board of Directors. Alderman Thomas read an excerpt from a letter written by Bill Myers to the newspaper. Discussion then followed on whether the Board would be salaried. The City Manager explained that the Board 's remuneration would be out-of-pocket expenses for their meetings. The Board will have to contract or establish a staff to appraise every piece of property in the County. Alderman Thomas asked if this is done, will we want to retain our present tax office? The City Manager stated not from the appraisal standpoint. Item 10c was then passed over. v Item 1 Od A proposed resolution was presented accepting Texas Department of Highways and Public Transportation Minute Order for responsibilities and maintenance of East Arrowhead Drive. 312 Item 10d, cont'd. RESOLUTION NO. 2407 RESOLUTION ADOPTING STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER NO. 76287, CONVERTING A PORTION OF EAST ARROWHEAD DRIVE TO A FARM TO MARKET ROAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Minute Order No. 76287 passed by the State Highway and Public Transportation Commission on September 26, 1979, a copy of which is attached hereto, and is made a part thereof, providing for the construction of a Farm to Market Road extending from FM 1954, 2.3 miles South of FM 2393, East and South to FM 2606, a distance of approximately 6.8 miles are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Department of Highways and Public Transportation and fulfill its obligation so stipulated in said Minute Order as being the responsibility of the City. Moved by Alderman Hampton that Resolution No. 2407 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 (Alderman Russell was out of the room. ) Item 11a Discussion was held on the sale of City-owned property bounded by Kessler, Santa Fe, and Kenesaw. The highest bidder, Maurice and Jodelle McCall , pointed out three title defects in acquiring the property which were not acceptable to them in acquiring the property. Mrs. Maurice McCall , 3511 Kessler, appeared stating the triangle of land is 19 foot fronting on Kessler Boulevard and there is a 20 foot sideline restriction on that. Mr. Chenault retained the right for giving permission to build. In 1924, he and Mrs. Anderson replatted the Fairview Addition. There is a revertive clause that if certain things are not met, it reverts back. One of these things is no illegal activities. We have been advised that if you do some of these things that are not permitted or illegal , who is going to own it? If you sell something you don't own, is it legal to sell it to us? I do not see that you can clear these defects up. Moved by Alderman Thomas to reject all bids, refund the money, clear up the defects as much as possible, and readvertise for bids. Motion seconded by Alderman Hampton, and carried unanimously. iItem 11b A proposed resolution was presented awarding contract for installation of high pressure sodium fixtures to Lloyd Thomas Co. J RESOLUTION NO. 2408 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF HIGH PRESSURE SODIUM FIXTURES TO LLOYD THOMAS CO. WHEREAS, the City of Wichita Falls has advertised for bids for the removal of old fixtures and the installation of new high pressure sodium fixtures; and, WHEREAS, two bids were received, and the bid of Lloyd Thomas Co. in the amount of $4,159.95 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Lloyd Thomas Co. is hereby accepted, and the City Manager is authorized to enter into a contract with Lloyd Thomas Co. for the removal of the old fixtures and the installation of the new high pressure sodium fixtures. Moved by Alderman Traywick that Resolution No. 2408 be passed. 313 Item llb, cont'd. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None (Alderman Russell was out of the room. ) Item 12a Discussion was held on the initiative petition concerning Holliday Creek improvements. Moved by Alderman Hampton this petition go to the Board of Aldermen to act as a Committee of the Whole for further consideration. Motion seconded by Alderman Adcock, and carried unanimously. Alderman Hampton then amended his motion to include a public hearing in the first regular meeting in November, 1979. I Motion seconded by Alderman Adcock, and carried unanimously. 1, Item 12b The City Manager, Gerald Fox, reminded the Board of Aldermen about the special meeting set for Thursday at 5:00 P.M. , a public hearing on the proposed tax rate. Alderman Hampton requested the City Manager to give a detailed report on I ,/Mr. Potts ' memo, going down the list item by item on the supposedly defects of i the Activities Center. Alderman Hampton stated since he was not on the Council at the time this was voted on he requested a brief history of how the plans were drawn up, who they were approved by, when they were approved, what the proper procedure for that would be, and then an item by item discussion on each item in that memo, stating whether it was in the original plans , who was responsible for it, and, in his opinion, why it was not done. He also desired information on the remedy and estimated cost factor. He stated that we have a lack of communication, and that the Council and citizens are entitled to the facts. He requested the report at the next regular Council meeting. Alderman Thomas stated all he knew of it was what he read in the paper. We could have postponed the opening. Mayor Hill stated the Council was not aware of the problems until the newspaper gave it to them. He would have been in favor of postponing it, also. Mayor Hill addressed Ernest Lillard, Director of Public Works, regarding a man who has complained about an alley paving between 9th and loth, and Austin and Burnett. It has been plowed up for over two years. When would this be completed? Ernest Lillard stated the gas company needs to move their lines. Mayor Hill asked if this was a big problem. Ernest Lillard stated it was. He stated the alley is going to be used as an access to a parking lot. The Board of Aldermen adjourned at 11 :25 A.M. PASSED AND APPROVED this ���� day ofc`� .� 1979. MAYO ATTEST: CITY CLERK DISTRIBUTION EASEMENT AND RIGS1-OF-WAY THE STATE OF TEXAS COUNTY OF ..x1.c 3I.TA..................... } KNOW ALL MEN BY THESE PRESENTS T�►t THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS (herein referred to in the singular, whether one or more) of........T7�ida ta .County, Texas, for and in consideration ot..... in hand Teis10 .......... to me in hand paid by Tex as Electric Service Company have granted, sold and conveyed and by these resents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in....Wi,Ch.i, a........_.._.._..... County, Texas, to wit: Being described as a tract of land out of Block 16 Kemp and Newby Sub- division, of the Cherokee County School Land Survey, Abstract 33, Wichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 1270 , Page 262 , Deed Records of Wichita County, Texas , to which reference is made for all purposes. The centerline of the 10-foot wide easement herein granted is described as follows : BEGINNING at a point in the North line of the above said tract. Said point being 5 feet West of its Northeast corner, THENCE South and parallel to its East line 165 feet to a point. 1 Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspect,ng, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of appur- tenances or, said line; the right to prevent the construction of, for a distance Hof a feet on to side of the oactual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubhery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described eaaemeut and rights unto the said Company, its successors and assigns, until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS .......................................hand this......._........ ....._... day of . Company Agent or THE CITY OFWICHITA FALLS 1 A Employee Securing Easement: r ... . ..- TION Tyaff ...... ... ..._..Geracl G... F .Manager- _ . ox, City »....._._...................................................................._...............I.........._. DATE NEG. NO. d-7 D_ a '.� CONTROL NO. .3/�.17 MAP NO. SCALE LOCATION NO. FDR. NO. ,2/ L. S. N. ! 00 �r O � /ter'/i�-_..�+..n.,►...,y J A qZ oo , O f7.t'ut:lLi,�E. I 980070 .� i (1 4370-6191 9/11 f v THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1974 , the City of Wichita Falls and Wichita Valley Water Supply Corporation entered into a Water Purchase Contract by which Wichita I Falls sold water to Wichita Valley Water Supply Corporation i under the schedule of rates established in Section 2. 0 of such contract, which rates are subject to modification every i 5 years on the basis of demonstrated increase or decrease in the cost to provide raw water; and, WHEREAS, this contract was amended on April 8, 1974 and September 3, 1974; and, WHEREAS, Wichita Falls contends that there has been a I demonstrated increase in the cost of providing such raw water under this contract, which contention Wichita Valley Water Supply Corporation disagrees with, however, the parties i desire to amend such contract. NOW, THEREFORE, the parties hereto do agree as follows: 1. Section 2. 0 of said contract dated March 19 , 1974 is hereby amended to read as follows : "The cost of water purchased by corporation shall be based on the following schedule: $0. 14 per 1,000 gallons Minimum monthly bill $250. 00 This water rate is subject to modification every five (5) years on the basis of demonstrated increase or decrease in the cost to provide raw water. " 2. The effective date of this amendment shall be for all water bills rendered after September 1, 1979. f ' IN WITNESS WHEREOF, the parties hereto have caused this .agreement to be executed on this the /&/rl day of September, 1979. CITY OF WICHITA FALLS, TEXAS i by I Gerald G. Fox, City Manager ATTEST: i Wilma J. Thomas, City Clerk WICHITA VALLEY WATER SUPPLY CORPORATION byQC//11,91� J e, E. Wells, President ATTEST: I ecreta'ry / -2- ►OrN 130•1 Nev.8,74 STATE DEPARTMENT O6 HIGHWAYS AND PVHL.lt TRANSPORTATION TE ------ V DER pie._._ ur.. 1 ----PaQcs in CLAY CUUUTrY a FM TO MET Im is hereby designated extending from Farm to Market load 1954, 2.3 miles South of r",m to Market Road 2393, East and South to Farm to Market Road 26061, a distance of approximately 6.8 miles, sub- ject to the condition that Clay County a10 the City of Wichita Falls will furnish all required right of way clear of obstructions and free of cost to the State and acquisition procodures will. he in accordance with applicable Federal and State two goveruing the acquisition policies for acquiring real property. At such time as Clay County and the City of Wichita Falls shall accept the provision of this Order and agree to the furnishing of the required right of way, the Engineer-Director is directed to proceed with the engineering develop- ment, Relocation Assistance at do estimated cost of $100, and the construction of Spot Level and Repair Base on Sections and Seal Coat in the most feasible and economical manner at an estimated cost of $125,000 as authorised in the 1979-1980 Texas Farm to Market Road Program, and to assume the road for State maintenance upon cowpletiou of the construction. This Order is subject to acceptance by Clay County and the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action here- in contained shall be automatically cancelled. Submitted by Exauuned and recommended by: (Title) Program Engineer Approved Assistant Engineer-Director Engineer-Director Approved: .___-__Commissioner Minute Number L76287 ____--commissioner Date Passed SEP 26 79