Loading...
Min 06/04/1974 964 Wichita Falls, Texas Memorial Auditorium Building June 4, 1974 Item 1 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: Max Kruger Mayor Harry Campsey Harrison E. Taylor X Lonny D. Morrison X Aldermen Joe N. Prothro j J. C. Boyd, Jr. Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Peggy McCullough Absent The meeting was called to order by the Mayor. Item 2 Moved by Alderman Campsey that minutes of the meeting held May 21, 1974, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 3 A proposed ordinance was presented establishing maximum speed limits on Lake Arrowhead roads. ✓ ORDINANCE NO. 2874 ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , ESTABLISHING MAXIMUM SPEED LIMITS IN CERTAIN ZONES, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2874 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays: None. r Item 3a The public hearing was opened on demolition of hazardous structures. No one desired to be heard. Preston McBee explained that Mrs. R. M. Morrow desired to repair her garage for stprage purposes. 7 ORDINANCE NO. 2875 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 Boyd that Ordinance No. 2875 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. 965 Item 4a A proposed ordinance was presented making an appropriation in the amount of $6,500 for repairing the air conditioning system in Memorial Auditorium Building. ORDINANCE NO. 2876 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-616-4343, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2876 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. Item 4b i A proposed ordinance was presented making an appropriation in the amount of $2,500 for core drilling samples and analysis for the proposed bi-centennial memorial center. ORDINANCE NO. 2877 f AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PRO- JECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2877 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. Item 5a A proposed resolution was presented approving appraisals on Kell Boulevard. RESOLUTION NO. 1546 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND AUTHOR- IZING THEIR PURCHASE OR CONDEMNATION. 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 em- ployed 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 2, Block 4, W. E. Wilson Addition 1200 square feet of Lot 8, Block F, Grainger and Ballow's Addition Lot 2, Block 9, Barwise and Jalonick Addition Lots 7, 8, 9, and 10, Block 1, Barwise and Jalonick Addition Combined total of values approved in this resolution --------- $39,390.00 966 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 or the City of Wichita Falls , 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 High- way Department. 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 or the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1546 be passed. Motion seconded by Alderman Prothro, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. Item 5b A proposed resolution was presented adopting the provisions of the Work- men's Compensation Act. Alternate No. 1 was selected, with the City becoming self-insured. It is the intention to enter into a contractual agreement with ESIS, Inc. , which is an INA Corporation Company. Alderman Campsey mentioned excess coverage above $100,000, and inquired what the cost would be if it were reduced to $50,000 per occurrence. Mr. Pat Crowe appeared as Vice President of Employes Service Insurance Company, stating that he would have to obtain the cost from the company. He did not know what it would be, but did not feel that the City would be saving that much. Alderman Campsey stated that he is satisfied with the $100,000 coverage as Mr. Crowe explained it. City Manager Gerald Fox explained that the City would continue the same bene- fits we presently have; also, the hospitalization with Blue Cross and Blue Shield. In some instances they may be in excess of the workmen's compensation requirements . RESOLUTION NO. 1547 RESOLUTION PROVIDING FOR WORKMEN'S COMPENSATION BENEFITS FOR THE EMPLOYEES OF THE CITY OF WICHITA FALLS , AND ESTABLISHING THE METHOD BY WHICH THE EMPLOYEES WILL RECEIVE SUCH BENEFITS. WHEREAS, Section 17 of Senate Bill 283, adopted by the 63rd Texas Legislature in 1973 (Article 8309h, Revised Civil Statutes of Texas) , which becomes effective July lst, 1974, provides that all political subdivisions shall become either self- insurers, provide insurance under Workmen's Compensation Insurance Contracts or Policies, or enter into interlocal agreements with other political subdivisions providing for self-insurance, extending Workmen's Compensation benefits to their employees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. Effective July 1st, 1974, the City of Wichita Falls shall provide Workmen's Compensation benefits to all of its employees , as that term is defined in Section 1 of Article 8309h, Revised Civil Statutes of Texas. SECTION 2. The City shall become a self-insurer, as the method by which such employees will receive Workmen's Compensation benefits. SECTION 3. The City Manager is authorized and directed to promulgate and pub- lish rules and regulations and to prescribe and furnish forms as may be necessary to the effective administration of such Workmen's Compensation program. SECTION 4. The City Manager shall notify the Industrial Accident Board of the method by which the employees will receive benefits, the approximate number 967 Item 5b, cont'd. of employees covered, and the estimated amount of payroll. He shall also give notice to the employees of the City of the provisions so made for benefits and the effective date thereof. Moved by Alderman Morrison that Resolution No. 1547 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. Item 5c A proposed resolution was presented approving a subcontract with Nortex Regional Planning Commission to provide manpower services in Wichita County. Herb Appel appeared on behalf of the Board of Commerce and Industry, urging the City to accept this responsibility. He feels that the City is the proper agency to evaluate and administer these funds. He urged the Council to analyze and make the decisions on the administration of this program. These funds can be utilized for the disadvantaged, unemployed, and under-employed persons. It was pointed out by the Mayor that this plan proposes to utilize such ser- vices as the Texas Employment Commission, Community Action Corporation, and the Technical Training Center. Alderman Boyd inquired what interest the BCI has in this program. Mr. Appel stated that their interest is in the area of training for industrial employment. They believe the local entity is very qualified to know what is needed in this community, rather than giving the State the authority. Angus Thompson, of CAC, stated that he supports the adoption of this resolu- tion, and feels that all interested parties can work together for the benefit of this program. He feels a public hearing would be advantageous , and urged that CAC, TEC, and the school system have some input into it. RESOLUTION NO. 1548 t- RESOLUTION APPROVING CONTRACT WITH NORTEX REGIONAL PLANNING COMMISSION FOR THE OPERATION OF MANPOWER SERVICES UNDER THE COMPREHENSIVE EMPLOY- MENT AND TRAINING ACT OF 1973. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. That certain contract, a copy of which is attached hereto, with Nortex Regional Planning Commission, for the operation of manpower services under the Comprehensive Employment and Training Act of 1973, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. SECTION 2. The City Manager is further authorized to,execute such other con- tracts and subgrants with Nortex Regional Planning Commission as are necessary to carry out this program. Moved by Alderman Taylor that Resolution No. 1548 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. The City Manager stated that this plan calls for this program to be submitted to the Department of Labor by the end of this month, and the administrative staff to carry out these services. The plan must be finalized by the consortium policy making body by the end of this month. Public hearings have already been held; perhaps there may be others. The authority given to the City Manager will be to proceed in this manner. The consortium policy making body, composed of 12 county judges, will make the decision on the final plan. Mr. Appel stated that he is not sure that enough attention has been given at the Council level. The 968 Item 5c, cont'd. Council 's thinking should be applied to this plan. The City Manager stated that staff input has been provided to the various agencies. We believe it is a plan that can be adequately administered. Item 6 { Permission was requested to advertise for bids for tennis court lighting at Hamilton Park. Thirty-two mercury vapor light fixtures are needed. Moved by Alderman Boyd that authority be granted to advertise for bids as i ` requested. Motion seconded by Alderman Morrison, and carried unanimously. Permission was also requested to advertise for bids for resurfacing eight tennis courts at Hamilton Park, with an alternate proposal for four courts at Weeks Park. Moved by Alderman Morrison that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. r Item 5d A proposed resolution was presented approving an amendment to a lease with Robert Seabury for aqueduct right-of-way adjacent to French Village Shopping Center. { j RESOLUTION NO. 1549 RESOLUTION APPROVING AMENDMENT OF LEASE AGREEMENT WITH ROBERT SEABURY OF PORTION OF CITY AQUEDUCT RIGHT-OF-WAY. WHEREAS , by Resolution No. 1526, the Board of Aldermen authorized the City Manager to execute a lease to Robert Seabury of a portion of the city aqueduct right-of-way, which lies between Midwestern Parkway and Taft Street and adjoins French Village Shopping Center; and, WHEREAS , the lease provides for a rental of $400.00 per year, and has a term of five years, with four successive five-year options to renew; and, WHEREAS, Robert Seabury has requested an Amendment to such lease, to provide for further options to renew. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY_ OF WICHITA FALLS , TEXAS, THAT: The City Manager is authorized to execute, for the City of Wichita Falls , an Amendment to said lease to Robert Seabury, which Amendment will add five successive five-year options to renew such lease. Moved by Alderman Morrison that Resolution No. 1549 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. Alderman Prothro inquired what would be the advantage of nine five-year options, rather than a 50-year lease? City Attorney H. P. Hodge stated that it is generally customary to handle it in this manner. i/ Item 6a Moved by Alderman Campsey that minutes of the meeting of the Park Board held May 28, 1974, be received. Motion seconded by Alderman Morrison, and carried unanimously. 969 Item 7a i Moved by Alderman Prothro that a public hearing be held on July 2, 1974 on demolition of hazardous structures. Motion seconded by Alderman Taylor, and carried unanimously. Alderman Taylor mentioned the proposed bi-centennial center for Wichita Falls. Moved by Alderman Taylor that the City Manager be requested to prepare a resolution setting and calling an election to be held on a date to be determined by the City Council (probably in August) on the following referendum: For or Against the construction of a Wichita Falls Bi-Centennial Memorial Center; this Center to be constructed upon one of two four square block sites within or immediately adjacent to the central business district; at a cost of approximately $4 million; such funds to be made available from both the City and County federal revenue sharing funds which have already been received, or will be received by January 1, 1977. The structure will be a combination coliseum and flat floor structure, with both permanent and moveable seating. The City Manager is further requested to prepare a brief summary of the recommended project based upon previous discussions and reports by and for the City Council including size, location, cost breakdowns for construction, land acquisitions, operation and maintenance, and need and use of facility. The resolution and report to be available for Council consideration no later than June 21, 1974. ' Motion seconded by Alderman Boyd. The Mayor stated that federal revenue sharing funds will be used for construc- tion, and it does not affect the tax rate of the City. The citizens will have the opportunity to vote either For or Against this center, and to designate one of two places to decide where it will be constructed. Alderman Morrison stated that he feels the Council has the responsibility to select the site rather than being governed by a straw vote as to site selection. The Rider High School survey indicated that only 47% of the people felt that they were capable to make the site selection. He feels the Council should make the site selection and announce it to the public before the referendum is held. The Mayor stated that he feels the citizens should have the right to select the site. Alderman Morrison stated that he believes the public should be allowed to say whether they want the facility, but feels the Council should select the site. The motion was carried unanimously. Alderman Boyd read a resolution commending Secretary of State Henry A. Kissinger. �. RESOLUTION NO. 1550 RESOLUTION COMMENDING SECRETARY OF STATE HENRY A. KISSINGER. WHEREAS, on Friday, May 31st, 1974, Israel and Syria signed a truce accord that silenced the guns on the Golan Heights , and which accord was accepted by the two countries as a step toward just and durable peace; and, WHEREAS, Secretary of State Henry A. Kissinger's untiring, persistent, persuasive, knowledgeable and good humored efforts were primarily responsible for the disengagement of these fighting forces ; and, WHEREAS, maintaining the peace in the Middle East is one of the most import- ant problems facing our world today. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: We for ourselves and on behalf of the citizens of Wichita Falls, congratu- late and salute Secretary of State Kissinger for perhaps the most masterful individual accomplishment in the history of the United States diplomacy. 970 Moved by Alderman Boyd that Resolution No. 1550 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, and Boyd Nays : None. r Boy Scout Troop 55, with Scoutmaster David Griffith, was recognized by the Mayor. Moved by Alderman Taylor that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 11:17 A.M. PASSED AND APPROVED this day of 1974. Mayor ATTEST: City Clerk MANPOWER SERVICES CONTRACT THIS CONTRACT for the operation of manpower services under the Com- prehensive Employment. and Training Act of 1973, is entered into as of the loth day of June, 1974, between the City of Wichita Falls, hereinafter referred to as the "City", and the Nortex Regional Planning Commission, hereinafter referred to as "Nortex". WITNESSETH: WHEREAS, the North Texas Planning Region's Consortium has designated Nortex to operate manpower services in the region as its Administrative Entity; and, WHEREAS, one of the agreements of the Alultijurisdictional Agreement of April 4, 1974, which established the Consortium is that, "Nortex Regional. Planning Commission as the Administrative Entity shall designate the City of Wichita Falls to plan, operate, and deliver manpower programs and services for Wichita County". NOW, THEREFORE, the City and Nortex have agreed to form a relationship to effect the aforesaid designation, and the below enumerated provisions shall constitute the basis of operation between the two parties: 1) The Citv shall accept and adopt adherence to the assurances required to operate Department of Labor Contracts. These assurances are attached in Exhibit "A" which is made a part hereof by reference. 2) Nortex and the City have agreed to Exhibit "O" of the Multijurisdictional Agreement which sets forth an allocation formula to distribute Department of Labor -2- funds, that same allocation formula shall be used to apportion funds between the two parties. 3) The distribution of funds to the City for operation of manpower services in Wichita County shall be based on the 58% for FY 75 as outlined in the allocation formula. All monies Nortex receives for manpower programs and services shall be divided with 42% of the funds remaining with Nortex and 58% of the funds being forwarded to the City. 4) The City shall forward to Nortex a Plan of Service for Wichita County to be submitted to the Manpower Advisory Council for its review and comment and submission to the Consortium for final approval. This Plan of Service shall con- sist of a completed Department of Labor CETA Project Operating Plan and an accompanying Narrative. 5) The City Manager is empowered the authority to administer and operate manpower programs in Wichita. County by Resolution No. 1548, enacted on the 4th day of June, 1974, by the City (Attached as Exhibit "B" and made a part hereof by reference). This empowerment entails Authority to enter contracts, subgrants and other necessary agreements with Nortex and other agencies to receive and expend funds, employ personnel, monitor, and evaluate programs, plan and implement programs, organize and train staff and assess programs and provide for fiscal management. 6) Contract modifications required by the Department of Labor shall be submitted to Nortex for submission to the Consortium for final approval. 7) All changes to the City's Plan of Service for CETA operations which do not require contract modification by Department of Labor regulations shall be made through the City's normal budget transfer process. Copies of such changes -3- shall be sent by the City to Nortex for their information. 8) The City shall provide Nortex with those reports required by the Com- prehensive Employment and Training Act of 1973 and as set forth in,the Office of Management and Budget's Circular A-102. 9) Nortex shall pay the City for all authorized costs incurred to operate manpower programs and services in Wichita County by the requisition method found in the Department of Labor's Fiscal Activities Guide, March 1974, Pages X-3 and X-4. 10) Either party may withdraw from this Contract within sixty days written notice to the other party. 11) The duration of this Contract shall be corresponding to the Compre- hensive Employment and Training Act's Grant to the Consortium which is from July 1, 1974 through June 30, 1975. WITNESS the following signatures and seals: City of Wichita Falls By City Manj4er Attest: Assistant C�erk Nortex Regional Planning Commission By: aLy" 4me4 // Executive Director Attest: Aei, Secretary