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Min 11/19/1974 1047 Wichita Falls, Texas Memorial Auditorium Building November 19, 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 9:00 o'clock A.M. , with the following members present: Max Kruger Mayor Harry Campsey Harrison E. Taylor Lonny Morrison Aldermen J. C. Boyd, Jr. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Joe Prothro Absent The meeting was called to order by the Mayor . Item 2 Moved by Alderman Boyd that minutes of the meeting held November 5, 1974, be approved. Motion seconded by Alderman Campsey, and carried unanimously. .' Item 3a `t Discussion was held on Annexation Ordinance No. 2920. Larry Lambert appeared as the attorney for Washex, who owns one of the tracts covered by the ordinance. He requested that the Washex tract be deleted. He pointed out that it has been stated to his client that this annexation is in keep- ing with the industrial annexation policy. He requested that Washex be deleted this year because the annexation policy should not be applied in their case. He stated that other exceptions have been granted, such as to PPG and Allis Chalmers. He mentioned that Allis Chalmers annexation was deleted in the fall of 1972. They are not necessarily asking for the same kind of deal that was given to PPG, but they do ask for relief from the annexation policy which dictates annexation the same year of opening of business. He requested the same treatment given Allis Chalmers, which would be to delete them for annexation for 12 months. As far as they know at the present time, they do not plan to ask for additional relief. It was pointed out that Allis Chalmers went into production in the summer of 1972. Mayor Kruger stated that the annexation policy had not gone into effect at that time, and was not retroactive. The City Manager reminded the Council that although exceptions have been negotiated and considered, there are other cases adhering to the annexation policy to the letter. Alderman Taylor inquired if relief would materially assist Washex. Mr. Lambert stated that it would. In relocating and beginning a business, there are costs which others do not incur. In a statement read by Lonny Morrison he pointed out that the present policy was adopted on November 21, 1972, and was not applied to Allis Chalmers, but was applied to Fan Coach in 1973. He pointed out that Washex is in the logical growth pattern of the City, but PPG is not. He mentioned that PPG and the 3M Company were given these concessions to induce them to relocate here. He pointed out that he would not be in favor of granting an exception to the present policy, but suggested a change in the policy. Moved by Alderman Morrison that the City's annexation policy be amended so as to defer annexation of industries located outside the city limits of Wichita Falls utilizing the City's water and/or sewer utility facilities until the calendar year immediately after the biginning of their industrial operations. I 1048 Item 3a, cont'd. Motion seconded by Alderman Taylor. Alderman Campsey noted that the reason we want to change the annexation policy is because one person has requested an exception. He stated that he is in sympathy with Washex's problems , but also realizes the problems we would be creating by changing it. He stated that he cannot go along with changing the annexation policy in order to eliminate Washex at this time. Alderwoman McCullough was not in favor of changing the policy, but Mayor Kruger agreed that it should be changed. Alder- man Boyd stated that because of a technicality, Allis Chalmers was deleted from annexation, and although Washex did not have this technicality, he feels they are due some consideration. Alderman Morrison stated that he feels the law can be changed, but he will not vote for an exception to the present policy. Alderman Campsey stated that he is opposed to changing the law now. He pointed out that the only exception made to the annexation policy was made prior to the industry coming here. Herb Appel, Executive Vice-President of BCI, stated that the original request by BCI in 1972 is identical to the request made by Alderman Morrison, and that BCI would endorse this policy. Some of our industries have already slowed down their completion of facilities due to the economic climate. Anything which can be done to enhance the position of BCI to induce industries to come here will be helpful. The motion was carried by the following vote: Ayes : Mayor Kruger, Aldermen Taylor, Morrison, and Boyd Nays : Aldermen Campsey and McCullough. ORDINANCE NO. 2920 AN ORDINANCE '.EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS , TEXAS , BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS , TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Morrison that Ordinance No. 2920 be passed, with the omis- sion of Tract II (Washex property) . Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Boyd, and McCullough Nays : None. 7, / Item 3b A proposed ordinance was presented closing an alley in Block 141, Original Town. , / ORDINANCE NO. 2923 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 141 OF THE ORIGINAL TOWN OF WICHITA FALLS, TEXAS. Moved by Alderman Boyd that Ordinance No. 2923 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Boyd, and McCullough Nays : None. Moved by Alderman Boyd that a waiver of the subdivision ordinance be granted pertaining to minimum lot size for one lot on the final replat of Block 141. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 4a A proposed resolution was presented establisling alley construction rate, and establishing policy regarding early and deferred payments. it i 1049 Item 4a, cont 'd. Moved by Alderman Campsey that Resolution No. 1596 be passed, setting the pre-payment rate at $1.75 per foot, and the 36 month period rate at $1.96 per foot. Motion seconded by Alderman Taylor, and lost by the following vote: Ayes : Mayor Kruger, Aldermen Campsey and Taylor Nays : Aldermen Morrison, Boyd, and McCullough I �r e- 11 RESOLUTION NO. 1596 RESOLUTION SETTING ALLEY CONSTRUCTION RATES AND PROVIDING FOR METHOD OF PAYMENT. WHEREAS, Resolution No. 661 was adopted by the Board of Aldermen of the City of Wichita Falls, Texas , on October 10, 1966, which adopted a policy governing the paving of alleys in the City of Wichita Falls; and, WHEREAS, it is deemed advisable to provide for a different method of payment for alley paving, and to set the rates to be charged. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: For those property owners who pay in advance their part of the cost for the alley paving, the rate shall be $1.75 per foot. For those who wish to pay their part of the cost over a thirty-six (36) month period, the rate shall be $1.97 per foot. Resolution No. 661 shall remain in full force and effect, except insofar as it is changed by this resolution. A substitute motion was moved by Alderman Boyd that Resolution No. 1596 be passed setting the pre-payment rate at $1.75 per foot, and that a figure be arrived at by the staff which is no more than eight percent interest for those who choose to pay on a 36 month period. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Boyd, and McCullough Nays : None. Item 4b (Gold Cross Ambulance contract) was eliminated. �- Item 4c Modification of grazing leases at Lake Kickapoo was discussed. City Manager ` Gerald Fox explained that the City has had a request from Bill Hoffman and Vincent Murphy to combine the south side and west end leases into a single lease. The south side lease (Hoffman) expires on December 31, 1974, and has an annual rental of $3.51 per acre. The west end lease (Murphy) expires on April 30, 1979, and has an annual rental of $2.11 per acre. These men have requested that the Hoffman lease be extended until April 30, 1977, and combined with the Murphy lease which would be reduced from April 30, 1979 to April 30, 1977. It is further requested that the lease rental for the combined acreage be set at $3.51 per acre. RESOLUTION NO. 1597 RESOLUTION AUTHORIZING THE MODIFICATION OF GRAZING LEASES ON SOUTH SIDE AND WEST END OF LAKE KICKAP00. WHEREAS, Bill Hoffman holds a grazing lease, containing 549.62 acres, on the south side of Lake Kickapoo, on which the annual rental is $3.51 per acre, which amounts to $1,929.17 per year, which lease expires December 31, 1974; and, WHEREAS, Vincent Murphy holds a grazing lease, containing 972.68 acres, on the west end of Lake Kickapoo, which has an annual rental of $2.11 per acre, which amounts to $2,052.35 per year (and on which Murphy built approximately 4.7 miles of fence) , which lease expires April 30, 1979; and, 1050 Item 4c, cont'd. WHEREAS , Vincent Murphy and Bill Hoffman have requested-that these two tracts be combined into one lease, which would be executed in lieu of the two leases de- scribed above, and the City Council deems it to be in the best interest of the City to do so. 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 a grazing lease to Vincent Murphy and Bill Hoffman, as lessees, covering 1,424.39 acres, being all of the land covered by the two leases described above, save and except 97.91 acres of the Murphy lease which lies north of the Little Wichita River. The term of the lease shall be two years and four months , beginning January 1, 1975 and ending April 30, 1977. The annual rental on said lease shall be $3.51 per acre,. Such lease shall be on a form similar to the form of the Bill Hoffman lease described above. This lease shall become effective_ January 1, 1975, on which date the above described Hoffman lease shall terminate, and the above described Murphy 'Lease will be cancelled. Moved by Alderman Campsey that Resolution No. 1597 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Boyd, and McCullough Nays : None. Moved by Alderman Boyd that in the event this combined lease proposal is not acceptable to Hoffman and Murphy, that authority be granted to advertise for bids on the Hoffman lease for a term to expire April 30, 1979. Motion seconded by Alderman Taylor, and carried unanimously. Item 5a IJ Permission was requested to advertise for bids on 24 four-door sedans and � f 29 trucks for various departments. Alderman Boyd suggested that the City in- vestigate the possibilities of a proposed new police-type vehicle which has a 108-111 inch wheel base. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. a' Item 5b "4 Permission was requested to advertise for bids on a three-wheel scooter for =J Parking Meter Enforcement. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderman Morrison, and carried unanimously. Item 5c r Permission was requested to advertise for bids for the following equipment. a. Motor Grader - Street Department b. One Dozer and two 32-yard compaction bodies - Sanitation c. One lz cubic yard rubber tired front loader - Water Distribution Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. 1051 ✓i Item 5d 1 Permission was requested to advertise for bids for the sale of city owned property.P Y• This parcel contains about 8,800 square feet in Lots 8 and 9, Block 28, j Barwise and Jalonick Addition. A minimum bid of $400.00 is recommended. l Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Morrison, and carried unanimously. ' Items 6a and 6b were eliminated. Item 6c ( / The City Manager pointed out that since the deferred compensation retirement plan had been authorized for him, he had had several inquiries from other administra- tive, professional, and technical personnel of the Cityto their as possible participa- tion. He pointed out that this would not cost the City anything because they could defer a part of their present authorized compensation to be placed in this retire- ment plan. Moved by Alderman Boyd that because the City has in its employ certain administra- tive, professional, and technical personnel who are rendering valuable services to the City, the City of Wichita Falls hereby establishes a Deferred Compensation Plan for said employees, and authorizes its Mayor to execute all necessary agreements with the International City Management Association Retirement Corporation, or other deferred compensation plans, to allow the participation of all eligible employees in this system. Motion seconded by Alderman Campsey, and carried unanimously. r' Item 6d c Alderman Boyd inquired if we had heard anything from the County officials re- garding our request for a cooperative fire fighting agreement with the County. The City Manager stated that we have not. It was agreed that a resolution would be prepared for the next meeting setting a cut-off date for the City to discontinue fire fighting service in the County unless satisfactory arrangements are obtained prior to that time. Item 6e Alderwoman McCullough again mentioned the type of ammunition used in the Police Department. Chief Daniel stated that the minimum weapon is a 38 and a maximum of a magnum. Factory ammunition is used in side arms while on duty. She expressed her opposition to hollow point ammunition. It was pointed out that hollow point is not eliminated, but that most of it used is solid point. She stated that she would like a set policy for the type of ammunition used in the Police Department. The City Manager stated that he would give them a report on it. It was again pointed out that Police Officers furnish their own guns and ammunition, and that no complaints have been received on this arrangement. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 10:35 A.M. PASSED AND APPROVED this day of �a 1974. ATTEST: n Mayor City Clerk �I C • ;Eli 5U f k ri'• r cc n n I 3f • �r• e I i I� / � _ all • •/• ��/ /'I� N • �}, Oc OXLEY DR 0 • • N o DAYI HI • IL Q(� Al e v 0 � to a , �f W U {V� G�STER a \pvv w . J a • O - O R N1�• \�q ac q'AON \ •i ROSEMONT RD I Z U Q � p �DN o1z <I i S LL