Loading...
Min 01/22/1974 890 Wichita Falls , Texas Memorial Auditorium Building January 22, 1974 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 i Harry Campsey X Harrison E. Taylor X Lonny Morrison Aldermen Willard Still X J. C. Boyd, Jr. Peggy McCullough X Gerald Fox City Manager Wilma J. Thomas City Clerk H. P. Hodge, Jr. Absent The invocation was given by Alderwoman McCullough. Item 3 Alderman Morrison suggested a correction in the minutes of the meeting held January 8, 1974, in Item llb, as follows : In Paragraph Number 2, the second sentence would be deleted and insert in its place the following: "If self insurance certi- ficates be furnished, the City shall review the basis upon which the certificate was granted on at least an annual basis , and if the City does not approve such certificates, public liability coverage must be furnished." Moved by Alderman Still that minutes of the meeting held January 8,. 1974, be approved with the correction made by Alderman Morrison. Motion seconded by Alderman Campsey, and carried unanimously. Item 4a t 1 � A proposed ordinance was presented releasing a sewer easement in Fair Park (` Addition. The pump station at this location has been abandoned, and the easement is no longer needed. i ORDINANCE NO. 2853 AN ORDINANCE RELEASING AND ABANDONING ALL EASEMENT RIGHTS TO LOT 9, BLOCK G, KEMP FAIR PARK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS , AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2853 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 4b �.. A proposed ordinance was presented revising the airport hazard zoning ordinance. i The Aviation Advisory Board has recommended that it be adopted. � ORDINANCE NO. 2849 AN ORDINANCE AMENDING ORDINANCE NO. 2409, REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE REGULATING 891 Item 4b, cont'd. THE USE OF PROPERTY, IN THE VICINITY OF THE SHEPPARD AIR FORCE BASE/ WICHITA FALLS MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDIN- ANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES. Moved by Alderman Morrison that Ordinance No. 2849 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. d Item 5a A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1497 WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved values, as determined from the appraisals, have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works 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 are as follows : Kell Freeway - Project 52-380 Warranty Deed Lot 11, Block C, Grainger & Ballow Addition Part of Lot 11, Block E, Grainger & Ballow Addition 425 S.F. of Lot 3, Block H, Grainger & Ballow Addition Lot 13, Block 5, Boyd's Sub/Div. , Grainger Park Addition Part of Lots 5 & 6, Block B, King's Addition, Vol. 598/149, Deed Records Wichita County 562.5 S.F. of Lot 6, Block E, Grainger & Ballow Addition 400.0 S.F. of Lot 9, Block F, Grainger & Ballow Addition Lot 8, Block 4, Boyd's Sub/Div. of Grainger Park Addition Lot 2, Block 6, Boyd 's Sub/Div. of Grainger Park Addition Combined total of values approved in this resolution ------------- $18,190.00 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 Texas State Highway Department, by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the State approved values as determined from appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. 892 Item 5a, cont'd. 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 Texas State Highway Department. Moved by Alderman Morrison that Resolution No. 1497 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. t Item 5b A proposed resolution was presented authorizing a pipeline easement to Gas ` Systems, Inc. , for a gas pipeline at Lake Arrowhead. i / y RESOLUTION NO. 1498 RESOLUTION AUTHORIZING EXECUTION OF EASEMENT TO GAS SYSTEMS, INC. FOR EXTENSION OF LOW PRESSURE GAS GATHERING SYSTEM AT LAKE ARROWHEAD. WHEREAS, Gas Systems, Inc. owns a natural gas gathering system, and desires to extend such system in order to gather produced natural gas which is not now being utilized. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT; The City Manager is hereby authorized to execute to Gas Systems, Inc. an easement for the purpose of laying approximately 13,000 feet of gas pipeline on the east side of Lake Arrowhead to extend its gas gathering system to connect to Bridwell Oil Company's Halsell "A" south battery. Moved by Alderman Campsey that Resolution No. 1498 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. p. Item 5c , F A proposed resolution was presented authorizing a contract with Texas Water Development Board for investigation of water resources. It was explained by the City Manager that this is an annual agreement, in which we are required to maintain recording stations adjacent to various lakes. RESOLUTION NO. 1499 RESOLUTION APPROVING CONTRACT WITH TEXAS WATER DEVELOPMENT BOARD FOR CERTAIN WATER RESOURCE INVESTIGATIONS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain contract dated August 31, 1973, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Water Development Board providing for certain water resource investigations for the state fiscal year ending August 31, 1974 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Campsey that .Resolution No. 1499 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. 893 Item 6a Bids were considered on an estimated annual supply (151,000 gallons) of diesel fuel for all City departments. Chester Wood Oil Company submitted the only bid in the amount of $.2659 per gallon. As a part of his bid, Mt. Wood submitted a letter, which in part, stated that the price would be adjusted during the term of this contract according to the bidder's cost price at the American Petrofina Wichita Falls Terminal. Alderman Morrison questioned this cost increase if it becomes necessary. The City Manager explained that if it becomes evident that the prices are out of line with established guidelines, then we would notify the proper authorities. There is no evidence of this at this time. Moved by Alderman Campsey that the bid for diesel fuel be awarded to Chester Wood Oil Company in the amount of $.2659 per gallon, subject to the provisions covered in his letter that accompanied the bid. Motion seconded by Alderman Still, and carried unanimously. Item 6b ,-''r Bids were considered on an estimated annual supply of oil and grease for all city departments. American Petrofina Company submitted the only bid in the amount of $15,958.48, along with a letter making the bid subject to price increases. It was recommended that they be awarded the bid. Moved by Alderman Boyd that the bid be awarded as recommended. Motion seconded by Alderman Campsey, and carried unanimously. i l ' ? Item 6c VV Bids were considered for an annual supply of automotive storage batteries tkt �r for all city departments. The low bidder did not meet specifications. It was ( . recommended that the next low bid be awarded to Gulley Tire Company in the amount of $4,788.64. Moved by Alderman Still that the bid be awarded as recommended. Motion seconded by Alderman Taylor, and carried unanimously. Item 7a A proposed resolution was presented accepting sanitary sewer relocation for Kell Boulevard project, and approving final change order and estimate to the Key Enterprises contract. RESOLUTION NO. 1500 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING SANITARY SEWER RELOCATION FACILITIES WHEREAS, the City of Wichita Falls and Key Enterprises, Inc. entered into a contract dated July 24, 1973, wherein said contractor sgreed to construct Sanitary Sewer Relocation along Kell Boulevard; and, WHEREAS, said Relocations have been completed in accordance with plans and specifications; and, WHEREAS , final change order and final estimate have been submitted on this project, which final estimate shows a total amount of work done as $96,250.92, of which $46,908.08 has been paid to the contractor, leaving a balance of $49,342.84; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The construction of such sanitary sewer relocation is accepted by the City of Wichita Falls , the change order and the final estimate are approved, and the City Manager is directed to pay the said contractor the amount due as shown on such estimate. 894 Item 7a, cont'd. Moved by. Alderman Campsey that Resolution No. 1500 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 8 Moved by Alderman Morrison that authority be granted to advertise for bids as follows. rf +' a. Estimated annual supply of 70 tons of 16-20-0 fertilizer for Parks i and Recreation. b. Estimated annual supply of vector control chemicals for Health Department. (1) 500 - 1,500 gallons malathion concentrate 95% (2) 200 gallons malathion 57% emulsifiable liquid (3) 50,000 - 100,000 pounds malathion 5% dust (4) 50-75 gallons dursban M Motion seconded by Alderman Campsey, and carried unanimously. Item 9 Moved by Alderman Still that minutes of the meetings of the following boards be received. i a. Board of Electrical Examiners - January 8, 1974 b. Board of Adjustments and Appeals - January 8, 1974 c. Aviation. Advisory Board - January 16, 1974 Motion seconded by Alderman Campsey, and carried unanimously. Sr Item 10 �U Mrs. Ross appeared for the Fowler Home, stating that they are asking for the City's decision of their request for funding. Mayor Wallander explained that the Council had not met since the State officials came two weeks ago; however, they did discuss it some this morning. Alderman Still stated that he feels that somewhere along the line the feeling has developed that the City Council is taking a hard line approach toward the children of our city. He stated that this is far from the truth. The Council is elected to represent the entire City of Wichita Falls. Their time is contributed to the City. If anyone has gotten the impression that the City Council is trying to take a hard line approach in regard to Fowler Home, then that is an erroneous conclusion. It was the City Council who initiated the called joint session to discuss the responsibility of Fowler Home. This is primarily the County's respon- sibility. A method was suggested for funding of Fowler Home that is not reasonable along the lines of responsibility. It should be determined where funding responsi- bility lies, and let all other people involved step up to their responsibility. Alderman Boyd thanked the scores of people who presented numerous petitions to the Council, stating their views. He stated that it is not quite as simple as just giving the money to the Fowler Home. It was the state legislature who decided that the Fowler Home was not in compliance; however, they did not provide for any funding of it. They have raised standards , but have not provided funds. He opposed this method of handling government, and believes we should let our views be known to the legislature. He stated that whatever the things are that we need to, then we should do them if they can be defined. When we know what we should do, then he feels the Council will do it. Alderman Taylor stated that he wants the Fowler Home to continue, but he is somewhat critical of the approach which has been used to get the $49,000. He 895 Item 10, cont'd. stated that he did not know where this figure came from. He has not seen any information between the City of Wichita Falls and the Fowler Home. It should never have been said in the attitude of an ultimatum that they will close the home if the City does not give them $49,000. The Board itself has failed to consider alternative sources of funding. We should have a meeting of minds, and keep the Fowler Home open. Alderman Morrison stated that the $49,000 figure was arrived at after all other sources were funded. Half of $98,000 is $49,000. He stated that he has been furnished the information which he had requested - that the lack of informa- tion has been with the City Council and the public. Alderman Taylor objected to this, stating that he had not received any information. A verbal exchange followed between Aldermen Morrison and Taylor. Alderman Morrison pointed out that if the County will agree to provide a cost at the Fowler Home that they have a legal responsibility to pay, then this resolution will be- satisfactory. If the County will not assume this responsi- bility, then the City should not assume their responsibilities. Alderman Morrison read the proposed resolution providing for a sliding scale. The City would be paying the entire cost of every child at the Fowler Home who is not a legal responsibility of the County. i RESOLUTION NO. 1501 RESOLUTION PROVIDING FOR FINANCIAL SUPPORT OF THE FOWLER HOME. WHEREAS, the Fowler Home operated by the West Texas Children's Aid Society has encountered financial difficulties which cannot be met by usual means, and has appealed to the City of Wichita Falls ("City") , the County of Wichita ("County") , the United Fund of Wichita Falls and interested private citizens to assist in fund- ing its operation; and WHEREAS, the Fowler Home has long been a haven of care for unfortunate children and is deserving of financial assistance to continue its program; and WHEREAS, some of the unfortunate children cared for at the Fowler Home are legally the financial responsibility of the County, while other of such children have no legal right to immediate financial assistance; and WHEREAS, the City believes that it should assist in funding the care of those children served by the Fowler Home who have no legal right to immediate financial assistance for their care from the County or any other source. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , THAT: The City participate with the County to fund the operation of the Fowler Home on the following basis : A. For the calendar year 1974 the City shall pay directly to the Fowler Home an amount not to exceed $49,000.00 on a matching dollar per dollar basis with the County. B. That such payments by the City and County, in a total sum not to exceed $98,000.00 for the year 1974, (herein called "City-County Payment") be made pursuant to an agreement between the City, the County and the Fowler Home providing a formula for determining how much of the total amount paid by both the City and County should be borne by each. The purpose of such formula being to equate financial responsi- bility with financial support. C. Such formula in the City, County and Fowler Home agreement would require that after the end of each calendar year a determination be made of (i) the number of Child-Days for which care was provided during the year for all children (herein called "Total Child-Days") ; and (ii) the number of Child-Days for which care was provided during the year for children (herein called "County Wards") who were either (a) wards of the Wichita County Court; (b) wards of a Wichita County District Court or (c) involved in a proceeding to make such child a ward of the County (herein called "County Child-Days") . A Child-Day would be counted for each child for each day he receives care. For example, a single day during which 25 children are served, 896 i Item 10, cont'd. would count as 25 Child-Days. Based upon such determination the County would be responsible for that portion of the City-County Payment paid by the City and County equal to the product obtained by multiplying such City-County Payment by a fraction the numerator of which is the number of County Child-Days and the denominator of which is the Total Child-Days, with the City being responsible for the balance of such City-County Payment. D. Based upon such formula if either the City or County shall have initially paid to the Fowler Home for the calendar year 1974 less than its repsponsible share of the City-County Payment then the party having paid less than its proper share would be required to reimburse the other party directly for the amount which it was deficient as determined by the formula. E. In future years, after the annual budget is approved by the Fowler Home the City and County will mutually agree upon the total amount of such budget to be funded jointly by them, such amount to be initially paid to the Fowler Home by the City and County pro-rata on the basis of the ratio of the actual division of the joint payments by them for the immediately preceding year. After the end of the year adjustment between the City and County would be made pursuant to the formula set out above. Moved by Alderman Morrison that Resolution No. 1501 be passed. Motion seconded by Alderman Boyd. Alderman Still stated that we would have some difficulty allocating this $49,000 all at one time out of the operating budget of the City. The method of payment would be made in the contract approved by the three agencies. Alderman Morrison stated that payment should be made in manner compatible to the needs and operation of the home. On the adjustment portion of the funds, he feels this should be done on an annual basis. All payment information would be provided for in the contract which will be drawn up between the City, County, and the Fowler Home. Alderman Taylor stated that we are approving a $144,000 budget submitted by Fowler Home, subject to the County assuming its responsibility. Alderman Morrison pointed out that this resolution was an attempt to provide some type of legal responsibility. Alderwoman McCullough inquired if any problem is anticipated in the allocating of responsibility. Alderman Morrison stated that he did not think so. The only prob- lem he might see would be delay of the County to take the action making children a ward of the court, but does not think it will be a problem. Alderman Still con- firmed that the City would pay a portion of the actual cost of taking care of the child who was not a legal responsibility of the County. Mayor Wallander asked Mrs. Ross if the State officials directed them to develop a plan of action, and if they do develop this plan is there a possibility of decreas- ing their budget? Mrs. Ross stated that she thought there might be. He also asked if a foster home program is developed, do they see a possibility of reducing staff requirements and budgets? She stated that she thought there is that possibility. The Mayor stated that their projected cost is $16.50 per day for each child. He further stated that the County has never denied their responsibility. There was a question whether they can provide it for $16.50 or $8.00. He stated that other homes provide care from $10.00 to $11.00 per day. Mrs. Ross stated that volume has a great deal to do with the cost of each child. He questioned whether a new facility would be more expensive in the budget. Mrs . Ross stated that this is a possibility. Alderman Still pointed out that if they must enter into a plan for state facilities , they might keep in mind North Texas Regional Planning Commission for possible assistance. Mrs. Ross stated that she appreciated the Council's study of this matter, and that she is sorry for any misunderstandings which have occured. Mayor Wallander commented that the County may not be able to reach a decision before the last meeting in February, and that he is not trying to force a time limit on them. Alderman Still pointed out that this does not provide for elimination of fund- ing from any other source, including United Fund. Mayor Wallander requested that 897 Item 10, cont'd. the Fowler Home Board let the City know whether they can drop this charge to $11.00 per day. He feels the County will look strongly at the reduction of the figure. Alderman Still commended Mrs . Ross and the Board of the Fowler Home on the voluntary basis which they serve. The motion for passage of Resolution No. 1501 was carried by the following vote: Ayes : Aldermen Taylor, Morrison, Still, Boyd, and McCullough Nays : Alderman Campsey. `f Alderman Boyd mentioned the travel policy. He stated that the City Manager has presented some material to them which he would like to study before any action is taken. The Board of Aldermen adjourned at 11 :15 A.M. PASSED AND APPROVED this yrt � day of 1974. Mayor ATTEST: City Clerk