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Min 04/17/1973 737 Wichita Falls, Texas Memorial Auditorium Building April 17, 1973 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 10:00 o'clock A.M. , with the following members present: J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor Lonny D. Morrison Aldermen Willard Still J. C. Boyd, Jr. Mrs. Peggy McCullough Gerald G. Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk 4 The invocation was given by Alderwoman McCullough. Item 3 Moved by Alderman Boyd that minutes of the meeting held April 9, 1973, be approved. Motion seconded by Alderman Campsey, and carried unanimously. a Item 4 The public hearing was opened on hazardous structures. Bill Archer, 1712 Collins, appeared regarding his property at 1416 and 1418 5th Street. He agreed that it needs to be demolished, but requested 90 days in which to accomplish it. His request was granted. 0. T. Hobson, 1208 North 7th, appeared regarding his property at 2515 Buch- anan. This property has not been occupied in ten years. He explained that he intends to make repairs instead of demolishing it. Preston McBee stated that a $1500.00 permit was taken out on it March 5, 1973, or 3 days prior to the expira- tion date of the 60-day period. Mr. McBee stated that he stands by the decision made on January 8, 1973, to demolish the structure. Mr. Hobson stated that he has done some maintenance on the south slope of the house, and that he believes the area is a good residential area, but he apparently has no definite use for it at this time. Keith Nelson appeared, stating that $1500.00 would repair it since Mr. Hobson does his own work. He believes it will take three months to do the exterior work and skirt the base, then he could make the necessary inside repairs. Mr. McBee stated that a Mr. Gensler came to him, stating that he was negotiating to buy the property, and would improve it. No work was done, then a permit was taken out three days prior to the 60-day period. He does not believe that $1500.00 will be sufficient to make the repairs. Due to the lack of work being done on this property for several years , it should be demolished. Moved by Alderman Still that Mr. Hobson be given 90 days to clean and repair the outside of the house. Motion seconded by Alderman Boyd, and carried unanimously. ORDINANCE NO. 2783 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS ; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2783 be passed and that the two 90-day exceptions be permitted. Motion seconded by Alderwoman McCullough and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None Item 5 Mr. E. M. St. John of Lone Star Gas Company, appeared in regard to a proposed rate ordinance. He mentioned some of the events which have taken place with the 738 Item 5, cont'd. Railroad Commission since March 1972. Until such time as the local governing body takes action on the gate rate clause, it is not in effect in that town. This will enable them to compete for gas and save time for the Railroad Commission and governing bodies. There is a six-months review of the gate rate charge. He men- tioned several cities which have approved the automatic gate rate clause. He stated that competition is tougher to maintain an ample gas supply, and they want to be in a position to maintain a good supply. Alderman Campsey explained that the Railroad Commission of Texas sets this gate rate. We are interested in the distribution of gas. If the distribution cost goes up, they have to live with it. Setting the rate is not a Council's job, but if we feel it is unfair, then we should complain in Austin. Last year Lone Star Gas requested an automatic gate rate clause. A rate increase was granted, but the gate rate clause was not approved. Any money spent by Lone Star Gas, or any money spent in checking their figures is costly. To be the most concervative Coun- cil, we will save the citizens ' money by approving the gate rate clause. It is a minor increase, and Lone Star Gas Company does not throw away their money in competing for gas. j ORDINANCE NO. 2784 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS , WICHITA COUNTY, TEXAS , AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. Moved by Alderman Campsey that Ordinance No. 2784 be passed, approving the automatic gate rate increase. Motion seconded by Alderman Taylor. Alderman Still inquired into the Railroad Commission's setting the gate rate adjustment, and Lone Star Gas not having anything to do with it. Mr. St. John stated that they present information to the Railroad Commission, and they make the decision. Lone Star Gas has no intervening powers. A hearing is held. Sixty- five percent of the gate rate charge would come to the customers. Alderman Campsey pointed out that the gate rate schedule does not change the rate. Alderman Morri- son inquired if costs in the division operation should go down in an amount such that the MCF was more than the absorption figure in increased gas cost, we could have an increase to the consumer at the same time that Lone Star's net costs were improving. Mr. St. John stated that it could be possible, but the purchase price could also increase. He stated that they have been very diligent in all their attempts to control costs in every area of operation. Alderwoman McCullough pointed out that it seemed that this would lessen the powers of this regulatory body, and it might lessen the diligence of the gas company if they could pass part of the costs on. Mr. St. John stated that the matter of diligence in obtain- ing the best purchase price would have to remain as a real matter of concern to them. They will purchase gas as inexpensively as possible, but to compete they have to be able to pay the price necessary in order to obtain it. They are be- low major pipe line companies in this area in obtaining gas. Alderman Taylor inquired if they had exercised all care in purchasing gas, and the Railroad Commission approved a gate rate increase, is there any way the Council can refuse it? Mr. St. John stated that within 30 days after figures are presented to the Railroad Commission by the gas company, governing bodies can pro- test it. It was pointed out that if the Council can grant the increase, then they can appeal it. Alderman Morrison wondered if regulatory lag would be avoided if the basic issue of the matter is whether the governing body should be put on the defensive in appealing to the Railroad Commission, and thereby abdicating some of their responsibility. Alderman Still stated that he has changed his mind, and believes that Lone Star Gas is properly regulated, and that this Council is definitely fulfilling its obligations to the citizens. He offered a change to the proposed ordinance, as follows : "In the sixth line under "Adjustments", the words "or other regulatory body having jurisdiction" should be removed, and the following words inserted in its place: "under Railroad Commission Order GUD 453 of March 3, 1973". Alderman Campsey amended his motion for passage of Ordinance No. 2784 be include Alderman Still 's recommendation, and it was again seconded by Alderman Taylor. 739 Item 5, cont'd. i Alderman Boyd stated that this position is not unique with gas companies. He disagrees with the method used. He feels Mr. St. John is minimizing the im- portance of the regulatory body's authority. We are giving up some of our author- ity. The Council has some control. The motion was carried by the following vote, with Mayor Wallander breaking the tie. Ayes : Mayor Wallander, Aldermen Campsey, Taylor, and Still Nays : Aldermen Morrison, Boyd, and McCullough Mrs. Ann Rainey, 4211 Meadowbrook inquired if there were any Lone Star Gas stockholders on the Council, or if there were any conflict of interest on this issue by members of the Council. The Council replied in the negative. Alderman Boyd pointed out that members of the Council have been known to abstain if there is a conflict of interest. Item 6a A proposed appropriation ordinance was presented for revenue sharing funds, which was explained by the City Manager, to purchase street right of way and com- puter cable interconnect. Alderman Boyd read a prepared statement in which he stated that this is an example of the worst possible use of revenue sharing funds, etc. ) !l , ORDINANCE NO. 2 785 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNTS NUMBER 11-344-5240 AND NUMBER 11-014-5450, AND DECLAR- ING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2785 be passed by substituting the method of financing from revenue sharing to the general fund. (as shown in the ordinance heading) . The City Manager stated that this was his perception of the philosphy of the Council regarding the use of revenue sharing funds for non-recurring items. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 7a �. A proposed ordinance was presented awarding the contract to Sabre Asphalt Company in the amount of $422,130.46 for the 1973 Assessment Paving Program, and setting the date of the benefit hearing for 10:00 A.M. , May 15 , 1973. ORDINANCE NO. 2786 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUC- TION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION, 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 ORD- INANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2786 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : 740 Item 7a, cont'd. Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 7b The 1973 Reconstruction item was not acted upon. Item 7c i . A proposed ordinance was presented establishing maximum speed limit on Call Field Road. ORDINANCE NO. 2787 AN ORDINANCE AMENDING SECTION 29-91 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS , ESTABLISHING MAXIMUM SPEED LIMITS IN CERTAIN ZONES , AND DECLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2787 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 7d A proposed ordinance was presented establishing a no parking zone on Avenue H. y. ORDINANCE NO. 2788 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2788 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8a A proposed resolution was presented authorizing execution of a lease with Tricon International Airlines for space at Municipal Airport. RESOLUTION NO. 1410 RESOLUTION APPROVING AGREEMENT AND LEASE OF PREMISES AT MUNICIPAL AIRPORT WITH TRICON INTERNATIONAL AIRLINES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain agreement and lease of premises at Municipal Airport, dated April 17, 1973, between the City of Wichita Falls and Tricon International Air- lines, Inc. , is hereby approved, and the City Manager is authorized to execute such agreement and lease on behalf of the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1410 be passed. Motion seconded by Alderwoman McCullough and carried by the following vote: 741 Item 8a, cont'd. Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8b A proposed resolution was presented expressing appreciation to Larry Lambert for his services to the City. RESOLUTION NO. 1411 WHEREAS, Larry Lambert has served the City of Wichita Falls as a member of the Board of Aldermen for a period of four years from April 7, 1969 to April 9, 1973; and, WHEREAS, during his term of office he has devoted a great deal of time and energy in the service of his city and its citizens, and he has served with distinc- tion and great ability, and in a manner that is a credit to himself and to the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby expressed to Mr. Larry Lambert the appreciation of the City of Wichita Falls for his honorable and distinguished services to the citizenship of this city as a member of the Board of Aldermen. BE IT FURTHER RESOLVED that Mr. Larry Lambert be granted his choice of either a life estate in a lot for a cabin site on the shores of Lake Arrowhead, a life membership at the Municipal Golf Course of Wichita Falls, or a life membership at the Hamilton and Weeks Park Tennis Centers, in appreciation of his services, which choice will be expressed in writing to the Director of Parks and Recreation. BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Lambert and that it be recorded in the minutes of this meeting. Moved by Alderman Boyd that Resolution No. 1411 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. ,r Item 9a It was recommended by Ernest Lillard, Director of Public Works, that the bid for hot mix asphaltic concrete surface course for the 1973 Reconstruction Program be awarded to Sabre Asphalt Company in the amount of $63,568.00, with the addition of certain streets. RESOLUTION NO. 1412 WHEREAS, the City of Wichita Falls has advertised for bids for the hot-mix asphaltic concrete surface course for the 1973 Reconstruction Program; and, WHEREAS, three bids were received, and it is found that Sabre Asphalt Company, who bid $63,568.00, 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 Sabre Asphalt Company in the amount of $63,568.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Sabre Asphalt Company for the construction of such improvements. Moved by Alderwoman McCullough that Resolution No. 1412 be passed as recommended. Motion seconded by Alderman Campsey, and carried by the following vote: 742 Item 9a, cont'd. Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 9b low Bids were considered on a slope mower for the Street Department. Ernest Lillard explained that the best bid meeting specifications was submitted by Hi-Way Machine Company, Dallas, for a demonstrator because of its design charac- teristics. Bidders had the option to bid either used or new equipment if it met specifications of new equipment. Moved by Alderman Taylor that the bid of Hi-Way Machine Company be approved in the amount of $12,500.00. Motion seconded by Alderman Still, and carried unanimously. Item 9c Bids were considered on two 27,500 GVW trucks for the Sanitation Department. � l Ernest Lillard explained that the units we are now using are not in good condi- tion, and for that reason he recommended the second low bid of Moore-Ford, Wichita Falls, in the amount of $13,380.00, with a delivery time of 45-60 days. The lowest bid was submitted by International Harvester, Wichita Falls, in the amount of $13,188.12, with a delivery time of 150-180 days. Alderman Boyd read a statement regarding protest of purchasing this equip- ment with revenue sharing funds. He opposed the use of it for ordinary budgeted items. Moved by Alderman Boyd that the previous action of paying for these trucks out of revenue sharing funds be rescinded, and that the present $16,000 in Traffic Maintenance Department be used for purchasing these trucks. Alderman Taylor stated that he did not feel we should change the action taken previously. No second was received to Alderman Boyd's motion. Moved by Alderman Taylor that the bid be awarded to Moore-Ford as recommended. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, and McCullough Nays : Alderman Boyd. Alderman Morrison abstained from voting. Item 10 Moved by Alderman Still that minutes of the meeting of the Traffic Commission held April 10, 1973, be received. Motion seconded by Alderman Campsey, and carried unanimously. Item lla Frank Medanich, First Southwest Company, appeared with a recommendation of a 20-year bond schedule from 1973-1993, and suggested a sale date of June 5, 1973, to receive proposals for the $2,000,000 sewer revenue bonds recently approved by the voters. Moved by Alderman McCullough that the 20-year schedule be adopted, and that June 5, 1973, at 10:00 A.M. , be set as the date for the bond sale. Motion seconded by Alderman Campsey, and carried unanimously. 743 Item llb jMoved by Alderwoman McCullough that the Lake Diversion spillway structure j engineering report be accepted. I Motion seconded by Alderman Boyd, and carried unanimously. i Moved by Alderman Still that Biggs and Mathews be authorized to prepare final plans and specifications for the Lake Diversion spillway structure accord- ing to the committee report. i Motion seconded by Alderwoman McCullough, and carried unanimously. Fred Bryant, Minister of Victory Baptist Church, appeared regarding Lots 1400, 1402, 1404, and 1406 on Midwestern Parkway. They desire to use these lots for parking, and blacktop them. They also desire to pave the alley. The City Manager explained that the right-of-way did not require use of all of these lots. He recommended that the City not lease or sell any part of these lots, but retain its use for a green strip. These lots are not large enough for parking purposes, nor can the City abandon the alley. Alderman Still objected to a parking lot on Midwestern Parkway because some small child might step into the parkway. It was pointed out that sewer and telephone lines are in the alley easement. The City Manager explained that the alley is utilized for garbage collection of those prop- I erties facing on 36th Street. Also, the minimum size lot in depth would not be met. Access would also be difficult as pointed out by Steve Ondrejas. Mayor Wallander and Alderman Still recommended that the matter be taken under advisement. i The meeting adjourned at 12 :25 P.M. PASSED AND APPROVED this Z day of 1973. Mayor ATTEST: City Clerk I