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Min 02/05/1980 i i 407 i Wichita Falls, Texas Memorial Auditorium Building it February 5, 1980 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 j at 8:30 o'clock A.M. , with the following members present. i' Kenneth Hill Mayor I' Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas ji Raymond Adcock is Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk i The invocation was given by John Payne, All Saints Episcopal Church. Item 3 Moved by Alderman Traywick that minutes of the meeting held January 29, 1980, III be approved. 'a Motion seconded by Alderman Hampton, and carried unanimously. Items 4a and 8a were moved from the Consent to the Regular Agenda. Items 5a - 8b Moved by Alderman Russell that Items 5a through 8b, with the exception of Item 8a, be approved. Motion seconded by Alderman Adcock. Item 5a The low bid for 2000 gallons Malathion Concentrate #91 for the Health y' Department was awarded to Weak-end Chemical Company, Atlanta, Georgia, in the 4 amount of $26,660.00. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None {V/Item 6a Authority was granted to advertise for bids for an addition to the kitchen at the Senior Citizens Center. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock j Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Park Board - January 29, 1980 b. Planning Board - January 9, 1980 c. Zoning Commission - January 7, 10, 11 , 18, 23, 25, and 28, 1980 i I 408 Item 7, cont'd. d. Mayor's Commission on Status of Women - January 10, 1980 e. Arts Commission - January 15, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None ,, Item 8b A public hearing on hazardous structures was scheduled for March 4, 1980. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None V I tem 4a A proposed resolution was presented approving appraisals, and authorizing purchase of property in Midtown 2000 project. Alderman Thomas inquired concerning the value of these lots. The City Manager explained that some of the property was commercial , and some residential . Some properties were reasonably well kept, and some were not. �/ RESOLUTION NO. 2454 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE MIDTOWN 2000 IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such properties have been appraised by Independent Appraisers employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in the pos- session of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas; MIDTOWN IMPROVEMENT PROJECT Lot 1 , Bean & Stone Resurvey of Block 241 Original Town. North 100 feet Lot 2, Bean & Stone Resurvey of Block 241 , Original Town. Lot 3, Bean & Stone Resurvey of Block 241 , Original Town. Lot 4, Bean & Stone Resurvey of Block 241 , Original Town. 1 Lot 5, Bean & Stone Resurvey of Block 241 , Original Town. Lot 6, Bean & Stone Resurvey of Block 241 Original Town. Lot 7, Bean & Stone Resurvey of Block 241 Original Town. Lot 8, Bean & Stone Resurvey of Block 241 Original Town. Lot 9, Bean & Stone Resurvey of Block 241 Original Town. Lot 10, Bean & Stone Resurvey of Block 241 Original Town. Lot 3-A of Replat of Lots 1 through 5, Block 98 Block 98, Original Town. 409 j Item 4a, cont'd. I' Lot 6, Block 98, Original Town. East 100 feet Lot 7, Block 98, Original Town West 50 feet Lot 7, Block 98 Original Town. The total of values approved in this resolution------------------$201 ,550.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deeds such tracts of land in the name of the City of Wichita Falls, Texas. The authorized prices to be paid for such tracts are the values as determined by the appraisals made by the independent appraisers referred to above. 4 Section No. 3 In addition to the purchase price provided for in Section 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments , rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil Statutes of Texas. Section No. 4 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, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such properties for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Thomas that Resolution No. 2454 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None v Item 8a A proposed resolution was presented authorizing lease of lot at Lake Arrowhead to Liberty Baptist Church in the amount of $60.00 per year. YRESOLUTION NO. 2455 1 RESOLUTION APPROVING LEASE AT LAKE ARROWHEAD TO LIBERTY BAPTIST 1 CHURCH. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute to Liberty Baptist Church a lease on West Arrowhead Lane Point at Lake Arrowhead for a term of 25 years, with an option to renew for an additional 25 years, for a rental of $60.00 per year. Moved by Alderman Thomas that Resolution No. 2455 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None \' Item l0a Mayor Hill presented a certificate of appreciation to Mrs. Aubrey Wilson for her service on the Park Board the past six years. I 410 V Item 9a The public hearing was opened on hazardous structures. Ray Barnes requested an extension of 30 days to repair his property at 612 Burnett and 1204 Grace. Donald Ward also requested an extension of 30 days to repair his property at 405 Jalonick. Richard Matthews later appeared regarding his property at 101 Patterson. It was explained to him that the notice pertained to two sheds located on his lot, and not to his residence. He was referred to Mr. Ryckoff for details. ORDINANCE NO. 3601 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3601 be passed, and that Mr. Barnes and Mr. Ward be given a 30-day extension. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item lla A proposed ordinance was presented waiving prohibition of dead-end street for Sturdevant Place. ORDINANCE NO. 3602 AN ORDINANCE WAIVING THE REQUIREMENT PROHIBITING THE CREATION OF DEAD END STREETS FOR STURDEVANDT PLACE A RESIDENTIAL STREET LOCATED IN MORNINGSIDE PARK NORTH ADDITION OF THE CITY OF WICHITA FALLS. Moved by Alderman Thomas that Ordinance No. 3602 be passed. Motion seconded by Alderman Russell . Alderman Adcock stated that it would not be practical to extend Sturdevant down the high bluff. Also, there are no streets in Morningside Addition that would handle through traffic. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item llb A proposed ordinance was presented waiving prohibition of dead-end street, and closing a portion of Belue Street. ,.` ORDINANCE NO. 3603 v AN ORDINANCE WAIVING THE REQUIREMENT PROHIBITING THE CREATION OF DEAD- END STREETS AND CLOSING A PORTION OF BELUE STREET LOCATED EAST OF LOOP 11 . Moved by Alderman Thomas that Ordinance No. 3603 be passed. if 411 Item llb, cont'd. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Adcock Nays: None v`Item 11c A proposed ordinance was presented waiving minimum building setback require- ments in original townsite. ✓"ORDINANCE NO. 3604 AN ORDINANCE WAIVING MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED REPLAT OF LOTS 27 & 28, BLOCK 104, ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Thomas that Ordinance No. 3604 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None i ✓ Item I ld A proposed ordinance was presented determining the necessity for improvement of a portion of Tanglewood Drive. ✓ORDINANCE NO. 3605 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE TANGLEWOOD DRIVE ASSESSMENT PAVING PROGRAM APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Thomas that Ordinance No. 3605 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None II V ORDINANCE NO. 3606 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE TANGLEWOOD DRIVE ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3606 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None jItem Ile A proposed ordinance was presented determining the necessity for improvement of a portion of the Old Jacksboro Highway. i I 412 Item lle, cont'd. y ORDINANCE NO. 3607 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOOP 473 (THE OLD JACKSBORO HIGH- WAY) FROM THE NORTH PROPERTY LINE OF THIRTIETH STREET TO THE SOUTH PROPERTY LINE OF CHESTER AVENUE, AND LOT 5, BLOCK C, J. A. KEMP ADDITION IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CONCRETE CURBING AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENT OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEERS TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY, TEXAS; DECLARING THAT THIS _ ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, AS AMENDED, COMMONLY KNOWNS AS ARTICLE 1105B OF VERNON'S TEXAS CIVIL STATUTES: AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS. Moved by Alderman Thomas that Ordinance No. 3607 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and. Adcock Nays: None ARDINANCE NO. 3608 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A PORTION OF LOOP 473 (OLD JACKSBORO HIGHWAY) IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED: DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY: PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3608 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None J Item llf A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3609 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Russell that Ordinance No. 3609 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None i 413 i �%I tem 12a A proposed resolution was presented awarding a contract for demolition of hazardous structures. i RESOLUTION NO. 2456 RESOLUTION AWARDING CONTRACTS TO KENNETH CARTER, DENVER HAWKINS AND CARROLL DAVIS FOR DEMOLITION OF HAZARDOUS STRUCTURES, AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous structures, and the clearing and cleaning of lots at various locations in the City; and , �I WHEREAS, three bids were received on the lots; that being, the bids of Kenneth Carter, Denver Hawkins and Carroll Davis , and certain bids of each has been determined to be acceptable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Kenneth Carter in the amount of $8,650.00 is hereby accepted, the bid of Denver Hawkins in the amount of $1 ,000.00 is hereby accepted, and the bid of Carroll Davis in the amount of $1 ,566.30 is hereby accepted; and the City Manager is authorized to execute for the City of Wichita Falls contracts with the above for the demolition of such hazardous buildings, and the clearing and cleaning of such lots. Moved by Alderman Thomas that Resolution No. 2456 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Adcock Nays: None (Alderman Traywick was out of the room. ) \/ Item 13a Appointments of two members of the Board of Aldermen were requested for the { Ad Hoc Transportation Certification Committee. Moved by Alderman Thomas that Aldermen Russell and Traywick be appointed. Motion seconded by Alderman Hampton, and carried unanimously. 'i Item 13b John Mark Hirschi and Larry Auld gave a report from the Zoning Commission on the zoning ordinance which they prepared. They explained that there are still a few errors that need to be corrected in the ordinance. Mr. Hirschi believes that their work is complete. They request that certain issues be addressed, such as mandatory park dedication or payment of fees in lieu of dedication; amending subdivision regulations to provide for solar adaptability; amending the plumbing code to provide for better water conservation measures, amending the building code for better energy efficiency and barrier-free construction, and periodic review of the floodplain areas for proper classification. It is recommended that these issues be addressed at a later date by the appropriate department and board. Mr. Hirschi stated that in order for this ordinance to work, the City planning department will need additional staff. The sign ordinance is not being enforced as it should be. He felt that more than one or two additional people would be needed, but it would be to the benefit of the City to enforce the ordinance. It is worth nothing if it is not enforced. Alderman Thomas inquired whether we would need this if the other ordinances were enforced? Mr. Hirschi stated that there are other ways to enforce some of these ordinances. Unless we have some kind of comprehensive planning, the City cannot protect its citizens in some areas. Larry Auld stated that there has been a very intensive effort by the planning staff, the Zoning Commission, and his associates in preparing this document. They 414 Item 13b, cont'd. have designated specific districts in the city based on existing primary uses. Before the ordinance is finally printed, it will need to be edited for grammar and typos , but he believes it meets the objectives. Alderman Thomas inquired if the City could pass this ordinance, or could it be subject to an initiative? City Attorney H. P. Hodge, Jr. stated that a court in San Antonio held that an ordinance could not be subject to the initiative. This case dealt with whether the electorate could change an existing zoning ordinance. The courts have not answered the question of whether the Council can refer the ordinance to the electorate. He further stated that it would appear to him that it is likely that a court would say that they could not do it. The safe way to do it would be to submit it to the electors on a non-binding straw vote. Moved by Alderman Hampton that we receive the ordinance as presented from the Zoning Commission, with a strong sense of appreciation. Motion seconded by Alderman Thomas, and carried unanimously. Moved by Alderman Thomas that a public hearing on Zoning be scheduled on Tuesday, February 26, 1980, at 8:30 o'clock A.M. Motion seconded by Alderman Adcock, and carried unanimously. Alderman Adcock announced that he would not be a candidate for re-election in the upcoming city election. Alderman Smith announced that he would be a candidate for Place 4 again. v Item 13c Results of the bond election held on January 26, 1980, were canvassed. ORDINANCE NO. 3610 ORDINANCE CANVASSING ELECTION RETURNS Moved by Alderman Adcock that Ordinance No. 3610 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 13d It was announced that the Council will go into executive session following the meeting to discuss legal action. Alderman Russell stated that she had not seen any activity in Bellevue Park concerning erection of the monument over the Time Capsule installed for the bicenten- nial celebration. She would like to see this expedited as soon as possible. Mayor Hill inquired why we are waiting on the Housing Finance Corporation which / was formed to assist tornado victims? The City Manager stated that a study would have to be made of the mortgage needs of the community. This could be done, and after this they could possibly go ahead and schedule the sale of the bonds, but it would have to carry a bond attorney's opinion. A bill is pending in congress to qualify the City of Wichita Falls , but it still has not been acted upon by the full house. Mayor Hill inquired if any contractor's bonds have been forfeited? The City Attorney explained that our bond only covers compliance with the codes of the City, and not failure of the contractor to pay bills. 415 Alderman Smith inquired where we stand on the two million dollars approved V by HUD for disaster victims? The City Manager stated that they have not received any hard information on it. They need to find out what the conditions of approval are. The City has also been approved for one and one-quarter million from FEMA, and $404,000 on other requests. The Board of Aldermen adjourned at 11 :00 o'clock A.M. PASSED AND APPROVED this day of 1980. MAYOR ATTEST: CITY CLERK i ill i' II i.