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Min 12/26/1979 385 Wichita Falls, Texas Memorial Auditorium Building December 26, 1979 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick Curtis Smith Carol Russell Aldermen Jim Thomas Robert Haley Assistant City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk John Hampton, Jr. Absent Raymond Adcock Absent The invocation was given by Alderman Traywick. Item 3 Moved by Alderman Russell that minutes of the meeting held December 18, 1979, be approved. Motion seconded by Alderman Smith, and carried unanimously. v Item 4a A proposed ordinance was presented extending the state of emergency. ' ORDINANCE NO. 3585 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3585 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Smith, Russell , and Thomas Nays : None J Item 5a A proposed resolution was presented approving formation of Wichita Falls Housing Finance Corporation. RESOLUTION NO. 2446 A RESOLUTION APPROVING FORMATION OF WICHITA FALLS HOUSING FINANCE CORPORATION; AND DECLARING AN EMERGENCY. WHEREAS, an application in writing seeking the incorporation of a housing finance corporation under the provisions of the "Texas Housing Finance Corporation Act" has been filed with the Board of Aldermen of the City of Wichita Falls by at least three individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and residents of the City; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 386 Item 5a, cont'd. SECTION 1 . That, the Board of Aldermen of the City has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporation be formed. SECTION 2. That the Board of Aldermen of the City hereby approves the form of articles of incorporation proposed to be used in organizing the corporation, a copy of which is attached hereto as "Exhibit A" , and hereby grants authority for the incorpora- tion of the corporation. SECTION 3. That, the Board of Aldermen of the City hereby designates the Corporation for purposes of Section 5 of H.R. 5471 as reported by the House Ways and Means Committee of the United States House of Representatives by vote of the Committee on November 16, 1979. SECTION 4. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency being that the adoption of this Resolution is necessary for the incorporation of a housing finance corporation under the "Texas Housing Finance Corporations Act" ; and that the proceeds from the issuance of such corporation's bonds are needed as soon as possible and without delay for necessary and urgently needed residential housing for persons of low and moderate income within the City; that said meeting was open to the public as required by law; and that public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann. Civ. St. Art. 6252-17, as amended. SECTION 5. That all Ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 6. That this Resolution shall take effect immediately from and after its adoption, and it is accordingly so resolved. City Attorney H. P. Hodge stated this is a process whereby mortgage money at a moderate rate of interest would be made available to low and moderate income families. The interest on the mortgage money would be under 10%. The bill , introduced in the Congress, had a cut off date of April 29, 1979. What is being discussed this morning may be too late. Before this bill is passed by Congress, the cut off date may be brought up to December 31 , 1979. We do not know if the bill will pass or when the cut off date is. Hopefully, the City of Wichita Falls has gone far enough prior to December 31 , 1979, so we may not be cut off by the act of Congress. The action that Frank Medanich of First Southwest Company and McCall , Pankhurst and Horton has suggested is this resolution. If the resolution is passed, it will be taken to Dallas, and First Southwest Company will get it to Austin today and submit it to the Secretary of State. Hopefully, the charter for the corporation would be issued on Thursday or Friday and the corpora- tion would be formed. The Board of Directors would have an organizational meeting on Monday and adopt its by-laws. Mayor Hill stated if Congress does not take any action the City of Wichita Falls will be in position to go ahead with this. If the cut-off date was April 29, 1979, this would be an action of futility. Also, the Board of Aldermen are always in control of it. After reading an article from Financial Trends concerning this program in other cities, Alderman Thomas stated this is a very worthy and worthwhile program that should be adopted. Moved by Alderman Thomas that Resolution No. 2446 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Smith, Russell , and Thomas Nays : None Item 6a Discussion was held on the Holliday Creek petition. i 387 Item 6a, cont'd. Ernest Lillard, Director of Public Works, stated the Committee of Petitioners have requested the City's engineering staff to prepare plans and specifications. There is a considerable amount of expertise required for the design of this project. It would take an engineering staff the size of the City of Wichita Falls, full time, working with nothing else but this project, approximately two years to complete. If we were to assume the responsibility for the design, then we would shut down every other item our engineering staff is responsible for and concentrate on nothing else for the period of time we would be engaged in the activity of designing this. This is not a practical application of the engineering staff that we currently have. The staff has been built around the ongoing activities we are responsible for in accordance with the activities adopted in the budget for the forthcoming year. There would be some technical expertise required from the outside. It would be an addition to that cost. The amount of work required for the completion of the project is far above and beyond the capability of the current staff and equipment that is owned by the City of Wichita Falls. This is a major earth moving project that would require the service of a fully equipped, major construction firm. There is no way our existing men and equipment could be utilized effectively in making this kind of improvement. The required design and construction based on current law in the State of Texas, and the obligations the City of Wichita Falls assumed when it entered into the Flood Insurance Administration Act requires the project be designed to certain standards. These standards would require essentially the same design that the Corps of Engineers have proposed in their report. The required improvements to take the area out of the 100-year flood designation and to improve the area where it would carry the design run off would require basically the project that the Corps has recommended, including the consideration of Lake Wichita dam and the lake above the dam because that is part of the watershed. You cannot take part of a river basin or part of a stream basin, improve it, and forget the rest of it. Under the current criteria they require you to look at all of it and to make the improvements. The petitioners have suggested we do nothing to Lake Wichita other than strengthen the dam. This would not be approved by the Texas Water Rights Commission because they have classified the dam as hazardous. They have suggested in their report the criteria in which it must be designed to take that designation away. As owners the City is responsible for that dam. If we do anything, we have to meet the criteria that is established. The obligations that are made on whoever is responsible for making these designs are such that basically the Corpsof Engineers ' recommended plan will have to be adhered to. Alderman Thomas asked if a number of engineers came forward before and stated the proposed program of the Corps of Engineers was the most viable and best available? Ernest Lillard stated they were looking at it based on current requirements and as a community obligation. Alderman Thomas asked if in 1975 and 1976 there were 14 or 15 approaches to this and all were eliminated down to this approach? Ernest Lillard stated that all plans were rejected based on economics and amount of improvements except this one which would do the most good for the most people. Alderman Thomas asked if the primary item of this plan that is not liked by a number of people is the lowering of the spillway by 4.7 feet, therefore reducing the amount of water to be used for recreational purposes. Ernest Lillard stated that might be a reason. Alderman Thomas stated he would not like to see the lake lowered anymore, but it would be difficult to look at any other approach than the Corpsof Engineers' . Mayor Hill stated the three alternatives are: 1 ) Adopt the amended resolution submitted by the committee of petitioners to prevent flooding Holliday Creek down- stream from Lake Wichita to the Wichita River, 2) Decline to approve the petitioned amended resolution to prevent flooding Holliday Creek downstream from Lake Wichita to the Wichita River, or 3) Approve a resolution which would reiterate support for the Corps of Engineers Survey Report; indicate that efforts would be continued to seek approval of the project through the necessary executive and legislative channels of the Federal Government during the 1980 Legislative Session; if authorization and appropriation for the project are not approved during the 1980 Congressional Session, the Board of Aldermen would pledge to employ engineers to prepare final designs, obtain necessary permits, prepare environmental impact statements for the project based upon design criteria proposed by the Corps of Engineers; and submit to the public a tax supported bond issue in 1981 seeking approval of local funds for this project. 388 Item 6a, cont'd. Mayor Hill asked about disannexing Holliday Creek? Alderman Thomas stated he supported Alterntive No. 2. He also reaffirmed the Council was not any less sensitive to these people. Alderman Russell agreed. Moved by Alderman Thomas that action be taken as outlined in Alternative No. 2. Motion seconded by Alderman Traywick. Alderman Thomas stated the Council is just as interested as the people are. This is a problem that needs to be solved in the best way we know how--the way that has been recommended by the engineers. Alderman Traywick stated he seconded the motion because one of the things that , concerned him is the petitioners ' suggestion as to the funding of their project. This could not be funded as proposed. We are talking about an increase from $1 .30 to $1 .35 in the tax base. This is not a viable alternative. Also, the timing of the petitioners is ill-conceived. It is confusing to say the Corps of Engineers ' plan is not acceptable. These people are professional . This project is much too big to be handled locally. We need any federal support we can possibly get. Mayor Hill stated Holliday Creek belongs to the City, but also to Wichita County, and the State of Texas. He would not hesitate to ask the state and federal government to help with this. Curtis Smith stated he was in support of the motion. If there is not any progress in the Corps of Engineers ' plan, he would like to see this brought up again. Alderman Russell agreed. Jimmy Horany appeared representing the Holliday Creek petitioners. He stated new matters had come up since the last hearing on December 18. He stated Ernest Lillard had reported that this project submitted by the Holliday Creek petitioners would have to be approved entirely by the State Board of Water Resources. They would also have to approve the plan of cutting the channel and any other modification to the Creek. Mr. Horany stated he had checked with the State Board of Water Engineers and talked with James Mirabal and was told that Senate Bill 512, passed on August 25, 1979, provides that any improvement or change of the Creek by cutting the channel can be approved by the City Council . It does have to conform to certain standards, but those standards are anything that is reasonable which is submitted by a consulting engineer. Mr. Horany stated he asked Mr. Mirabal about cutting the channel downstream going into the bend, and was told this was a very good thing to stop the backup water from Wichita River coming into Holliday Creek. This channel cut will do a lot toward stopping the flooding down Holliday Creek. The Corpsof Engineers ' plan does not have that in their plan. The City Council has the authority to approve any reasonable plan that is submitted by any consulting engineer or the City's engineering staff. This whole plan can be put into effect in six months. If the City Engineer cannot do this project without jeopardizing other Public Works projects, they have allowed for a consulting engineer. Also, this will not have to go to the people with a big bond issue or tax increase. This can be spread out over two or three years, and would nothave to cut City services because there is enough in these funds for that purpose. Mr. Horany also thanked the Board of Aldermen for their consideration. Alderman Traywick asked Ernest Lillard if the City did adopt the petitioners ' plan or some other plan that would be different from the one the Corpsof Engineers proposed, what position would that put us in, if in the future we decided to complete the project as originally presented? Ernest Lillard stated the City would be waiving all rights to the Corps ' program because that project is based on cost-benefit ratio. Anything done to lessen the cost benefit would jeopardize the project. The motion carried unanimously. The Board of Aldermen adjourned at 9:40 A.M. PASSED AND APPROVED this i1 day of et- c- 1980. ATTEST: MAYOR CTTY CLERK i EXHIBIT A ARTICLES OF INCORPORATION OF WICHITA FALLS HOUSING FINANCE CORPORATION THE STATE OF TEXAS COUNTY OF WICHITA WE , THE UNDERSIGNED , natural persons of the age of eighteen ( 18) years or more , citizens of the State of Texas and residents of the City of Wichita Falls , Texas (the"City" ) acting as incorporators of a public instrumentality and non- profit corporation (the "Corporation" ) under the Texas Housing Finance Act , having been granted authority by the governing body of the City as evidenced by the resolu- tion attached hereto as Exhibit "A" , do hereby adopt the following articles of Incorporation for the Corporation : ARTICLE ONE The name of the Corporation is WICHITA FALLS HOUSING FINANCE CORPORATION. ARTICLE TWO The Corporation is a public instrumentality and non- profit corporation. ARTICLE i'I:RT�. The period of duration of the Corporation is perpetual . i ARTICLE FOUR The Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of , and on behalf of, the City, by financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the City at prices they can afford . It has been determined and declared by the Legislature of the State of Texas that such residential ownership and development will (a) provide for and promote the public health, safety, morals, and welfare ; (b) relieve conditions of unemployment and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon unemployment; (c) provide for efficient and well-plannecl urban growth and development including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services , mass transportation and residential development; (d) assist persons of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can afford ; and (e) preserve and increase ad valorem tax bases of local governmental units ; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be public purposes and functions . ARTICLE FIVE The Corporation has no members . ARTICLE SIX These articles of incorporation may at any time and from time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the articles of incorporation in the first instance . Any such amendment shall be effected in either of the following manners : (i) the members of the board of directors of the Corporation shall file with the governing body of the City an application in writing seeking permission to amend the articles of incorporation, specifying in such application the amendment proposed to be made , such governing body shall consider such application and , if it shall by appropriate resolution duly find and determine that it is wise , expedient, necessary or advisable that the proposed amendment be made and shall authorize the same to be made , and shall approve the form of the proposed amendment, then the board of directors of the Corporation may amend the articles of incorporation by adopting such amendment at a meeting of the board of directions and delivering articles of amendment to the Secretary of State , or (ii) the governing body of the City may, at its sole discretion, and at any time , alter or change the structure , organization , programs , or activities of the Corporation (including the power to terminate the Corporation) , subject to any limitation on the impairment of contracts entered into by the Corporation, by adopting an amendment to the articles of incorporation of the Corporation at a meeting of the governing body of the City and delivering articles of amendment to the Secretary of State. i ARTICLE SEVEN The street address of the initial registered office of the Corporation is 1300 Swept- S -reet Wi c_h; t-a Falls , Texas , 76301 , and the name of its initial registered agent at such address is Wilma J. Thomas ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City. The number of directors constituting the initial board of directors is four The names and addresses of the persons who are to serve as the initial directors , and the dates of expiration of their initial terms as directors , are as follows : DATE OF EXPIRATION OF Nrl�IES ADDRESSES TER:ti1 Kenneth Bill 5 Merryhill, Wichita Falls December 26, 1980 H . P . Hodge , Jr. 4507 Nassau, Wichita Falls December 26, 1981 Robert D. Haley 4404 Weeks Park Lane, Wichita Falls December 26, 1982 Gerald G. Fox 2703 Amherst, Wichita Falls December 26, 1983 provided, however , that the term of any Director who is a public official of the City shall not exceed the period for which such director shall be a public official of the City. Each of the initial directors resides within the City. Each director , including the initial directors , shall be eligible for reappointment . Directors are reriovable by the governing body of the City, for cause or at ;gill , and must not be appointed for a term in excess of six (6) years . Any vacancy occurring on the board of directors through death, resignation , or otherwise , shall be filled by appointment by the governing body of the City to hold office until the ex- piration of the term for which the vacating director had been appointed . ARTICLE NINE The name and street address of each incorporator is : Name Address Kenneth Hill 5 Merryhill , Wichita Falls , Texas Robert D . Haley 4404 Weeks Park Lane , Wichita Falls, Texas H. P. Hodge, Jr. 4507 Nassau, Wichita Falls , Texas Each incorporator resides within the City. ARTICLE TEN A resolution approving the form of these articles of incorporation has been duly adopted by the governing body of the City. The date of the adoption of such resolution is December 26 , 1979 . A copy of the resolution is attached hereto as Exhibit A. ARTICLE ELEVEN No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for re- tirement of the indebtedness of the Corporation or to im le- ment the public purpose of the City for which the Corporation has been created) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association except in reasonable i amounts for services rendered . No substantial part of the . Corporation ' s activities shall be carrying on propaganda , or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements) , any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE TWELVE If the Corporation ever should be dissolved when it has , or is entitled to , any interest in any funds or property of any kind, real , personal , or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City , after satisfaction or provision for satisfaction of debts and claims . IN WITNESS WHEREOF, we have hereunto set our hands , this 26th day of Dec. 1979- INCORPORATORS i THE STATE OF TEXAS COUNTY OF WICHITA I , the undersigned, a Notary Public , do hereby certify that on this 26th day of Dec . 1979 , personally appeared before me Kenneth Hill Robert D. Haley H. P . Hodge , Jr . ' and who , each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators , and that the statements therein contained are true . IN WITNESS WHEREOF , I have hereunto set my hand and seal the day and year above written . rotary Public in and for Wichita County, Texas My commission expires : NOTARY PUBLIC SEAL