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Min 12/18/1979 377 Wichita Falls, Texas Memorial Auditorium Building December 18, 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. Curtis Smith 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 Carol Russell Absent The invocation was given by Marvin Knox, Southside Baptist Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held December 11 , 1979, be approved. Motion seconded by Alderman Hampton, and carried unanimously. Items 4a - 8b Moved by Alderman Hampton that Items 4a through 8b on the consent agenda be approved. Motion seconded by Alderman Thomas. Item 4a ORDINANCE NO. 3583 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 5a RESOLUTION NO. 2440 RESOLUTION APPROVING FINAL PAYMENT FOR 1977 COMMUNITY DEVELOPMENT i PAVING PROGRAM. WHEREAS, the contractor has completed work on the 1977 Community Development j Assessment Paving Program, and such work has been accepted by the City of Wichita Falls; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis, it was originally estimated that the total cost of the contract would be $878,011 .50; and, WHEREAS, the actual quantities used in the project was larger than the quantities which were originally estimated; therefore, the total amount of the 378 Item 5a, cont'd. contract based on the unit prices applied to the actual quantities is $887,909.61 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The total amount due such contractor on the 1977 Community Development Assess- ment Paving Program is $887,909.61 , and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays : None Item 6a Permission was granted to advertise for bids for construction of a maintenance shop at Southern Hills Park. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 6b Authority was granted to advertise for bids for an annual supply of vector control chemicals for the Health Department. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas , and Adcock Nays: None V'Item 7 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - December 11 , 1979 b. Zoning Commission - November 15 and 26, and December 3, 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 8a A public hearing on hazardous structures was scheduled for February 5, 1980. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 8b Tax Adjustments Numbers 1 through 142 were approved in a total amount of $9,010.73. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 9a The Employee of the Month was not in attendance at this meeting. v Item 9b Marion Bowling appeared for the Southside Neighborhood Action Group, stating that he appreciates the work that is being done on Armory Road. He asked the Council to explain why they had not applied for the money to assist low income residents in the tornado area. Mayor Hill pointed out that just because we apply doesn't mean we will get it. City Manager Gerald Fox stated that these discretionary funds had to be applied for within 120 days after the tornado. At the time they put together eight to ten i 379 Item 9b, cont'd. projects which they felt might be eligible under the Community Development Block Grant program for low and moderate income people, the various disaster agencies were still dealing with the people here, and the City had very little information. Because of this, they did not feel they had enough information to withstand the scrutiny of HUD. We did not have hard facts with which we could be comfortable. We still do not have enough hard facts, but more information is now available to us from the Red Cross and others than before, so we are applying for it. The City Manager further stated that street repairs, traffic signals, code enforcement, and assistance in land acquisition is all that has been approved. Seven million dollars was requested, and only $404,000 was received. ,/Item 14a Discussion was held on an amendment to the Community Development Block Grant discretionary funds application. Director of Planning Roger McKinney stated that the Secretary's discretionary funds are for those who are unable to pay for a loan. They believe that 220 families would be eligible. There were 98 homeowner declines from SBA. The City Manager stated that in order to be eligible for these discretionary funds, a person would have had to have been in the main stream of the federal disaster G application process all along. Alderman Thomas favored the option of supplying materials only. Mr. McKinney stated that materials cost would amount to $20,000 or $21 ,000 for these homes. The ratio is applied as two-thirds cost for materials and one-third for labor. II For 220 families, the materials cost would be in excess of $400,000. Alderman Hampton felt that unless we can come up with a grant, many of these people will not be able to pay for a loan. City Manager Gerald Fox mentioned the leveraging option of using discretionary funds to help the applicants qualify for SBA loans. He further stated that we have to be realistic in the amount we apply for. The total fund is only 15 million for the entire country. To address 98 homeowners on the leveraging option, to address 220 homeowners under supplying of materials at $20,000 each, and also purchase of mobile homes at $90,000, and staff to administer the program, we are talking about six million total . Alderman Thomas was in favor of applying for the amount we need and what the facts demonstrate, and let HUD decide what they will approve. Alderman Adcock noted that they might consider six million out of fifteen million unreasonable. Alderman Traywick noted that we are an intermediary between the people and HUD. Alderman Hampton felt we should check and find out if this has been done somewhere else, and talk to the people directly involved, and see how it has worked. Alderman Adcock wondered if Charles Harper might be overly optimistic about the amount of volunteer labor which he might be able to obtain? Alderman Hampton j also felt that he might be. i The City Manager suggested that we proceed with an application for discretionary funds in the amount of $6,000,000. Moved by Alderman Hampton that the City Manager be authorized to proceed with the application to HUD for the amount that is needed. Motion seconded by Alderman Thomas, and carried unanimously. Alderman Thomas stated that this application will probably not be approved before laborers have gone. He questioned whether it would be worthy to use revenue sharing funds or community development block grant funds? The City Manager stated that if we take it from these funds we would have to go through the public hearing process again. Charles Harper has stated that Interfaith Disaster Service has funds which could be used for 30 to 60 days. V; Item 9c Johnny Watson appeared for the petitioners' committee for Holliday Creek initiative. He stated that the flooding condition has existed for 29 years. 380 Item 9c, cont'd. He stated that in their plan they left room for the Council and staff to make recommendations for changes. He stated that they are asking for the channel to be cleared of debris, trash, and roots. They need to do all they can to preserve Lake Wichita. The longer the creek goes without being cleaned out, the more flooding we will have. Jimmy Horany, Attorney for the Holliday Creek petitioners, stated that the plan of the Corps of Engineers for Holliday Creek is not acceptable for the following reasons. 1 . It will cause greater flooding downstream Holliday Creek by its plan to lower the spillway. 2. It does not have any provision to prevent the Wichita River from backing up into Holliday Creek. 3. The Corps of Engineers ' plan cannot be approved by Congress in 1980 because no funds are in the budget for study by the Water Resources Council . He suggests that local funds be used to start this project. 4. The petitioners do not want to wait ten years for a plan that will not prevent flooding downstream Holliday Creek. 5. Inflation is not included in the Corps of Engineers ' cost estimate. 6. The plan of the Committee of Petitioners suggests a three-year pay as you go plan. 7. The Committee of Petitioners believes that the City should have a qualified civil engineer on its staff for this project, and other engineering work. They did not provide for a consulting engineer because they felt the City had a qualified engineer. 8. The petitioners ' Holliday Creek plan provides for necessary repairs and an annual inspection of Lake Wichita dam and spillway. He suggested that the dam be capped. Alderman Smith inquired if we just cleaned out the creek does it require an application with the State? Ernest Lillard replied that it does not require an application, but it has to be reviewed. He stated that they would turn it down because the plan presented by this committee of petitioners does not meet the requirements of the law. The Corps of Engineers state that the bridge structures are the greatest deterent to the flow of water. Item 10a A proposed appropriation ordinance was presented in regard to employment discrimination suit of Placido Rivera vs City of Wichita Falls for legal and advertising fees. ORDINANCE NO. 3584 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3584 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Adcock Nays: None (Alderman Smith was out of the room) . Item lla Discussion was held on a suggested ordinance concerning use of wooden shingles. The City Manager explained that two options have been presented for the Council 's consideration. One would prohibit untreated wood shingles from being placed on any 381 Item lla, cont'd. under Option 2 in the City. Treated wooden shingles would be allowedp , budding y 9 untreated shingles would be allowed on a single family structure which is separated from other property by ten feet for a solid roof under shingles, with felt placed on the decking. Alderman Hampton stated that this would prevent several houses from being rebuilt in the Faith Village area. Mayor Hill stated that there are very few people in the Faith Village area who would want to come back with wooden shingles. Aldermen Traywick and Adcock both feel that we are concerned with apartments more than single family residences. Alderman Adcock stated that it does not seem unreasonable to change the setback. Alderman Thomas stated that he is opposed to this because it will change the cost of construction. Apartment complexes are all using composition shingles. He does not believe there is a compelling need for this. Alderman Traywick stated that he does not see the severity of the problem because very few people are using wood shingles. Mayor Hill stated that he believes the Council would be willing to consider an ordinance concerning multi-family dwellings, but no single family residences. The City Manager stated that composition shingles will become more competitive in cost because it is a petroleum product. The City Attorney was directed to prepare an ordinance for consideration for multi-family dwellings. Item llb A proposed resolution was presented authorizing Southwestern Bell Telephone to utilize street right-of-way to install a fuel storage tank at 9th and Lamar Streets. •` RESOLUTION NO. 2441 RESOLUTION AUTHORIZING SOUTHWESTERN BELL TELEPHONE COMPANY TO UTILIZE STREET RIGHT-OF-WAY FOR INSTALLATION OF UNDERGROUND FACILITIES. WHEREAS, Southwestern Bell Telephone Company has requested permission to install an oil fuel tank for their proposed emergency electric generator under the Lamar Street sidewalk adjoining their property at Ninth and Lamar, as shown on the plan submitted with such request, in accordance with Section 2203.1 of the Building Code of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby issued to Southwestern Bell Telephone Company, hereinafter called owner, a special permit allowing the installation of such oil fuel tank under the sidewalk as shown on such plan on file with the Inspection Department, subject to the following requirements; 1 . The use which the owner plans to make of the underground portion must not interfere with any existing public use. 2. The City has the superior right to reduce the premises in question to possession as and when necessary for such to be done for public purposes and even prior thereto to regulate and control the same as essential for the protection of the public safety and convenience. 3. In the event the City, or any public utility company, should find it necessary to reroute underground lines in the street adjacent to this property, or to redesign the manner of their installation, with an attendant increase of expense, as a direct result of the owner's use of the area under the sidewalk, the increase of expense occasioned thereby shall be paid by and assessed against the owner. 4. City reserves the right to terminate this permit whenever the City's judgment same might become inconsistent with the public use thereof, or when it might become a nuisance. I 382 Item llb, cont'd. Moved by Alderman Thomas that Resolution No. 2441 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 12a A proposed resolution was presented authorizing lease of land in Weeks Park to the YMCA for entrance to a facility which they plan to build on Midwestern State University property. ,RESOLUTION NO. 2442 RESOLUTION APPROVING LEASE OF LAND IN WEEKS PARK TO YMCA OF WICHITA FALLS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain lease agreement, a copy of which is attached hereto, wherein the City leases to the YMCA of Wichita Falls a certain tract of land in Weeks Park 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. 2442 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None Item 12b A proposed resolution was presented amending alley paving rates. RESOLUTION NO. 2443 RESOLUTION AMENDING RESOLUTION NO. 2254 WHICH ESTABLISHED A POLICY GOVERNING PAVING OR ALLEYS. WHEREAS, Resolution No. 1829 adopted a policy concerning alley paving procedures and Resolution No. 1864 amended that policy and established payment procedure in accordance with Resolution No. 1596; Resolution No. 1906; Resolution No. 2054 and Resolution No. 2254 amended section No. 1 , paragraph A of Resolution No. 1864 establishing the rates to be charged for alley paving; and, WHEREAS, the prices of paving materials have changed since the passage of Resolution No. 2254 making it necessary to increase the rate charged for alley paving. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Resolution No. 2254 is hereby amended so that where the rate is established at $2.95 per foot, it be changed to $3.65 per foot and where the rate is established at $3.33 per foot, it be changed to $4.10 per foot. Resolution No. 1829 and Resolution No. 1864 shall remain in force except as previously amended and as changed by this resolution. Moved by Alderman Thomas that Resolution No. 2443 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 i 383 Item 12c A proposed resolution was presented declaring the policy concerning sick leave, and exclusion of Social Security from such for City employees. RESOLUTION NO. 2444 RESOLUTION CONFIRMING THE CITY'S SICK LEAVE POLICY, WHICH ALLOWS PAYMENT ON ACCOUNT OF SICKNESS AND ACCIDENT DISABILITY IN ACCORDANCE WITH APPLICABLE PERSONNEL RULES AND REGULATIONS. WHEREAS, it has become necessary to clarify the policy of the City of Wichita Falls relative to sick leave with pay for its employees so that compensation paid to such employees when absent due to illness or injury shall be excluded for Social Security reporting; and, WHEREAS, this declaration of policy is required by Social Security Ruling 72-56; and, WHEREAS, the City of Wichita Falls has a sick pay plan which is set out in Section VI of the Personnel Rules and Regulations for the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It is hereby declared to be and is the policy of the City of Wichita Falls to pay its employees on account of sickness or accident disability in accordance with such sick leave provisions in said Personnel Rules and Regulations. Moved by Alderman Thomas that Resolution No. 2444 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 13a A proposed resolution was presented awarding the bid for a maintenance shop in Kiwanis Park. ,' RESOLUTION NO. 2445 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PARKS AND RECREATION DEPARTMENT MAINTENANCE BUILDING IN KIWANIS PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction in Kiwanis Park for a Parks and Recreation Department maintenance building which is 36 feet by 64 feet by 12 feet; and, WHEREAS, 3 bids were received, and it is found that T. A. Litteken and Sons, who bid $25,084.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of T. A. Litteken and Sons in the amount of $25,084.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with T. A. Litteken and Sons for the construction of such maintenance building. Moved by Alderman Thomas that Resolution No. 2445 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Smith, Thomas, and Adcock Nays: None 384 Item 13b Bids were considered on video assisted training materials for Data Processing. Moved by Alderman Hampton that the low bid of Edutronic Division, McGraw-Hill Book Company be accepted in the amount of $7,200. Motion seconded by Alderman Thomas, and carried unanimously. The Board of Aldermen went into executive session at 10:15 A.M. to discuss board appointments. The regular meeting resumed at 10:30 A.M. ✓Item 14b Moved by Alderman Thomas that the following be appointed to the Mayor's Commission on the Status of Women, with expiration terms as indicated. a. Jane Ponder - September 30, 1980 b. Mary Howard - September 30, 1980 c. Gayle Backstrom - September 30, 1980 d. Joan Mason - September 30, 1981 Motion seconded by Alderman Adcock, and carried unanimously. v Item 14c Mayor Hill read a report from City Attorney H. P. Hodge, Jr. on a proposal to issue general obligation bonds to fund grants and/or loans to individual property owners for housing reconstruction and rehabilitation. He learned through the Attorney General 's office, and Paul Horton, our bond counsel , that we have no authority to issue such bonds. Alderman Smith brought up the problem of relocating mobile homes purchased from the federal government. Discussion was held on whether to designate certain areas in the North and East sides of town, or in other areas in which mobile homes could be located. He suggested that a committee be formed to review these types of requests. He stated that he would envision this to be a new ordinance. Discussion was also held on how it would affect our appeal of the present ordinance. The City Manager stated that he had already instructed the staff to consider other options , and that he would bring a report back to the Council . Johnny Jones stated that he has a mobile home on 38th Street. The seven-day notice to let them know if he will purchase it has been lifted. He stated that if he moves out, he will lose the mobile home. The Board of Aldermen adjourned at 11 :00 A.M. PASSED AND APPROVED this day of �� 1979. MA OR ATTEST: ITY CLERK i THE STATE OF TEXAS COUNTY OF WICHITA This lease made and entered into this the 18th day of December, 1979, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and the YMCA of Wichita Falls, hereinafter called "YMCA" , WITNESSETH: For and in consideration of the covenants and agreements hereinafter contained, City hereby leases to YMCA that certain tract of land in Weeks Park in the City of Wichita Falls, which tract is described in Exhibit A, which is attached hereto and incorporated herein by reference. 1. YMCA shall use this property for ingress and egress between Southwest Parkway and a tract of approximately ten acres owned by Midwestern State University and leased by YMCA on which they plan to construct a Family Branch YMCA; in addition, YMCA may use the leased premises for overflow parking. 2. The term of this lease shall be for a period of 50 years, commencing January 1, 1980. At the expiration of said 50 year lease, such lease shall be automatically renewed for 1 year periods for so long as YMCA maintains and uses its Family Branch YMCA on the adjoining Midwestern State University land. 3. In the event YMCA fails, for any reason, to construct the Family Branch YMCA facility on the Midwestern State University land, then this lease shall terminate. In the event such Family Branch YMCA facility is constructed on the adjoin- ing Midwestern State University land, but it abandons the use of such facility within the 50 year term of this lease, such lease shall terminate upon such abandonment. 4. YMCA shall pay to City as rental for this lease the sum of $1. 00 per year, which shall be payable annually in ad- vance. 5. The parking lot to be constructed on the leased premises shall be located between the access roadway on the leased /z a premises and the Kid Fishing Hole. 6. YMCA shall maintain the leased premises in an attractive condition, and shall keep such premises clean and free from all trash and other offensive objects. 7. City shall never be liable for any claim for damages to persons or property which may occur on the leased premises during the term of this lease, and YMCA shall hold the City harmless from any such claims for damages. f. YMCA shall not assign nor sublease the leased premises without the prior written consent of City. @ . In the event of the breach of any of the covenants herein by YMCA, which breach is not cured by YMCA within 60 days after notification in writing of such breach by City, City shall have the right to terminate the lease. IN WITNESS WHEREOF, City and YMCA have caused these presents to be executed the day and year above set out. CITY OF WICHITA FALLS BY: Gerald G. Fox, City Manager ATTEST: City Clerk YMCA OF WICHITA FALLS BY: John W. Bartley, President ATTEST: Secretary EXHIBIT A A tract of land out of the John A. Scott Survey No. 8, Abst. 294 Wichita County Texas, and is described by metes and bounds as follows : Beginning at the most southerly southeast corner of Weeks Park, a point in the south boundary line of the John A. Scott survey No. 8 , Abst. 294, the southwest corner of said John A. Scott survey No. 8 bears N 890 24 ' W 934 . 0 feet; Thence N 890 24 ' W along the south line of Weeks Park 150 feet to a point for the southwest corner of this tract; Thence North approximately 415 feet to a point in the south right-of-way line of Southwest Parkway; Thence S 800 59' E along the south right-of-way line of Southwest Parkway 151. 6 feet to a point in the east line of Weeks Park; Thence south along the east line of Weeks approximately 392 feet to the place of beginning and containing 1. 3881 acres of land, more or less.