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Min 12/03/1974 1052 Wichita Falls, Texas Memorial Auditorium Building December 3, 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 X Lonny Morrison X Joe N. Prothro X Aldermen J. C. Boyd, Jr. X Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison Taylor Absent The meeting was called to order by the Mayor. Item 2 Moved by Alderman Campsey that minutes of the meeting held November 19, 1974, be approved. Motion seconded by Alderman Prothro, and carried unanimously. 1 Item 3 The public hearing was opened on hazardous structures. No one desired to be i' heard. � ORDINANCE NO. 2924 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 ORDINACE AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2924 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4a A proposed ordinance was presented reducing parking violation fines from two dollars to one dollar. �l ORDINANCE NO. 2925 f ORDINANCE AMENDING SECTION 29-154 OF THE CODE OF ORDINANCES, PROVIDING A PENALTY FOR VIOLATION OF ARTICLE VI, PARKING METERS. Moved by Alderman Boyd that Ordinance No. 2925 be passed, making it effective on December 4, 1974, and inserting the appropriate emergency clause. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Morrison, Prothro, Boyd , and McCullough Nays : Alderman Campsey. 1053 / !l Item 4b ✓ A proposal was made to authorize temporary removal of parking meters from certain blocks on Ohio Street. Mrs. Ann Voyles appeared in opposition to the removal, stating that she is also authorized to speak in opposition for Mr. J. L. Jackson. She stated that she is most concerned about loss of employment for persons who now work for her and Mr. Jackson. She also feels the land owners will experience a loss on their property. Aldermen Prothro inquired what rates are charged on the parking lots on Ohio Street. She stated that it depends on their proximity to town. One is 35 cents, another 40 cents, and another is 25 cents. Alderman Boyd moved the adoption of the ordinance authorizing removal of certain parking meters on Ohio Street; however, no second was received, and he later withdrew the motion. Alderman Boyd pointed out that the problems with private businesses is not necessarily a problem we should be concerned about. In order to improve the general climate of the City there may very well be some individuals who will be disadvantaged in some way. Mrs. Voyles mentioned that the municipal parking lot is in competition with them. Alderwoman McCullough stated that she would like to have some kind of re- port from the Traffic Commission on this matter since they have not had the benefit of hearing the objections of the property owners. Alderman Morrison was in agreement. Moved by Alderman Morrison that the Traffic Commission meet in emergency session, and that the downtown merchants association, and all those opposed thereto, be invited to appear to be heard, and that they make a recommendation to the Council. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Morrison pointed out that the Traffic Commission should not take this as though the first recommendation was wrong, but that they would like all to be heard. Item 4c A proposed ordinance was presented adopting the Southern Standard Mechanical J Code. z ORDINANCE NO. 2926 ORDINANCE ADOPTING THE SOUTHERN STANDARD MECHANICAL CODE, 1973 EDITION, WITH CERTAIN AMENDMENTS AND DELETIONS. Moved by Alderman Campsey that Ordinance No. 2926 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4d 1 A proposed ordinance was presented authorizing First-Wichita National Bank to install pneumatic tubes in a city street for a drive-in facility. ORDINANCE NO. 2927 AN ORDINANCE GRANTING AUTHORITY TO THE FIRST-WICHITA NATIONAL BANK TO LAY A PNEUMATIC TUBE WITHIN THE SEVENTH STREET AND SCOTT STREETS RIGHTS- OF-WAY. Moved by Alderman Campsey that Ordinance No. 2927 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. 1054 ` f Item 5a A proposed resolution was presented approving an agreement with the Water �! f District and Texas Parks and Wildlife Department for a boat ramp at Lake Diversion. �y, -' RESOLUTION NO. 1598 RESOLUTION APPROVING AGREEMENT WITH WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 1 AND TEXAS PARKS AND WILDLIFE DEPARTMENT FOR BOAT RAMP AT LAKE DIVERSION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City Manager is authorized to enter into an agreement for the City of Wichita Falls with the Wichita County Water Improvement District No. 1 and the Texas Parks and Wildlife Department for the construction of a boat ramp to be constructed with state funds at Lake Diversion on property belonging to the City and the Water District. Moved by Alderman Campsey that Resolution No. 1598 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. l � Item 5b Discussion was held on the adoption of the Urban Transportation Plan 1970-1990. Alderman Morrison stated that he had not had an opportunity to look at it, and he moved that action be deferred on this matter until the next meeting. Ernest Lillard stated that there are some time constraints involved between Nortex and the Texas Highway Department. He explained that this plan is primarily an update of an earlier plan, with basic differences concerning the growth patterns of Wichita Falls. He stated that he feels this program will meet the needs of Wichita Falls. He explained that it is necessary for the plan to be approved to- day in order for the Duncan and Third Street extension to be in the February letting by the Highway Department. Lack of action today would delay it for at least 30 days. Alderwoman McCullough explained that she had served on the policy advisory committee, and is in favor of the plan. A substitute motion was moved by Alderman Campsey, and seconded by Alderwoman McCullough for passage of the resolution adopting the Urban Transportation Plan, and lost by the following vote: Ayes : Mayor Kruger, Aldermen Campsey and McCullough Nays : Aldermen Morrison, Prothro, and Boyd. W. C. Snodgrass of the Texas Highway Department, stated that $1,104,000 had been allocated to Wichita Falls for construction of various projects in Wichita Falls. They are now ready to approach the Highway Commission on these projects. He sug- gested that if these projects were adopted, then perhaps that might be sufficient for the Highway Department. Ernest Lillard stated that this program has already been approved by the Council by acceptance of highway minute orders on an individual basis. Mr. Snodgrass pointed out that the Highway Commission places a lot of cre- dence on the adoption of these plans by governing bodies. Failure to adopt it now would slow down the letting process by one month. The City Manager suggested that the Council might consider adopting Chapter 12, which is the transportation plan. Ernest Lillard pointed out that the Federal Highway Department is famous for changing its mind, and he discouraged delay. RESOLUTION NO. 1599 RESOLUTION ADOPTING CHAPTER 12 OF THE WICHITA FALLS URBAN TRANSPORTATION PLAN 1970 - 1990. WHEREAS, the Wichita Falls Urban Transportation Plan, 1970 - 1990 has been completed under appropriate Continuing Phase Agreements between the City of Wichita Falls and the Texas Highway Department; and, 1055 Item 5b, cont'd. WHEREAS, the Wichita Falls Urban Transportation Plan, 1970 - 1990 has been reviewed and approved by the Steering Committee of the Study Organization, the Policy Advisory Committee of the Study Organization, the City's Traffic Commission and the City's Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Chapter 12, entitled "Recommended Transportation Plan", of the Wichita Falls Urban Transportation Plan, 1970 - 1990 is hereby officially adopted. Moved by Alderman Boyd that Resolution No. 1599 be passed, adopting Chapter 12. Motion seconded by Alderman Campsey, and following the explanation of the conclusions on Pages 236-237 by the City Manager, was carried by the following vote: Ayes: Mayor Kruger, Aldermen Campsey, Morrison, Boyd, and McCullough Nays : Alderman Prothro. Item 5c Discussion was held concerning fire protection services outside the city limits. �- Mayor Kruger pointed out that this is not something new, but has been an on-going thing since 1964. Numerous requests have been made to the County, but we have not had a meeting with the County Commissioners to fully go over it. He stated that he feels we should eliminate this free service, or execute an agreement. Alderman Boyd inquired into the liability and legality of our sending fire trucks outside the city limits. City Attorney H. P. Hodge stated that he finds no cases in which these matters are specifically answered. Apparently this is a wide-spread practice in Texas to answer fire calls outside city limits. Generally, a city's powers and jurisdictions are confined to its city limits. In those instances where it would be for the benefit of the inhabitants of the city, then they have authority to go outside the limits of the city. It was his feeling that if this matter were ever ruled on, it might be found that the Fire Department would not have any busi- ness outside the city limits. The use of money from taxes of the inhabitants of Wichita Falls for services to non-tax paying persons might not be in the best in- terest of the citizens of Wichita Falls. He explained that he finds no authority, but feels it is a danger individually for whoever sent the truck out if it were in collision with another vehicle. He stated that he did not believe the extraterri- torial jurisdiction would make any difference. Mr. Hodge also stated that there have been several Attorney Generals ' opinions regarding contracts between cities and counties , and that would be valid. Any liability for damages would rest on the governmental entity responsible for such. Dod Wiley, County Commissioner, stated that he lives here, and 80 percent of the County lives here, also. Other cities are also involved. He stated that he would like to get together on this situation. They have three volunteer fire departments within the County, and they would also be involved. The question was posed as to how far out the City would go. Fireworks seem to be the problem with fires outside the City limits. He stated that he had no feelings of quarreling with the Council, and hopes it can be worked out. Mr. Hodge pointed out that the City Attorney in Amarillo stated that they have a contract with both counties in which Amarillo is located. Alderwoman McCullough stated that she feels this needs to be taken care of immediately be- tween the City and County if we are operating illegally. Alderman Morrison stated that he does not think it is fair to pass on to anyone the possibility of personal liability, and feels we should do something immediately. Perhaps an interim contract could be entered into for a temporary arrangement. Mayor Kruger pointed out that they have diligently asked the County to enter into some kind of agree- ment, but they have not responded. Alderman Boyd suggested that it might be better to appoint someone on the Council to discuss this matter with elected officials of the County. Moved by Alderman Morrison that the City Manager be authorized to enter in- to a contract with the County for a flat fee of $200.00 per call, with other terms as set forth in the contract previously submitted to the County, for a period of time not to exceed 90 days, and that until such agreement is entered into that we immediately direct our employees and personnel that city fire equipment should 1056 Item 5c, cont'd. not be sent out of the city limits of Wichita Falls. Motion seconded by Alderman Boyd. An amended motion, including the original motion, was moved by Alderman Prothro that the cut-off in service outside the city limits become effective at midnight tonight (December 3, 1974) . Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Prothro, Boyd, and McCullough Nays : Alderman Morrison. The Mayor appointed Harry Campsey and Lonny Morrison, with Joe Prothro as alter- nate, to meet with the County Commissioners as soon as possible to work out both a short and long range solution. Item 5d (Gold Cross ambulance contract) was postponed. ! Item 6a i Bids were considered on redi-mix concrete and bulk cement. Identical bids , i were received on the redi-mix concrete on both an annual and 6-month basis. Tom r Foley was questioned on why the bids might be the same, and he explained that all contractors use a published price. Moved by Alderman Morrison that the low bid be awarded to City Concrete Company on an annual basis for both bulk ($7.50 bbl.) and redi-mix cement, as follows : 2000# Mix (4sk) $22.10 CY 2500# Mix (42 sk) 23.05 CY 3000# Mix (5sk) 24.00 CY 3500# Mix (52 sk) 24.95 CY Additive-Quickset (CaC12) 1% $ .10 sk 2% .20 sk Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7a proposed/ A ro resolution was p p presented authorizing final payment for resurfacing four tennis courts at Weeks Park. r RESOLUTION NO. 1600 RESOLUTION ACCEPTING RESURFACING OF FOUR TENNIS COURTS AT WEEKS PARK TENNIS CENTER. WHEREAS, the City of Wichita Falls and Casey & Glass, Inc. entered into a contract dated August 6, 1974, wherein said contractor agreed to resurface four tennis courts at Weeks Park Tennis Center; and, WHEREAS, said resurfacing has been completed in accordance with the specifica- tions; and, WHEREAS, the contract price for such project was $8,590.02, none of which has yet been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The resurfacing of such tennis courts is accepted by the City of Wichita Falls, and the City Manager is directed to, pay the contractor the sum of $8,590.02 due on said project. 1057 Item 7a, cont'd. Moved by Alderman Prothro that Resolution No. 1600 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. a.. "Item 8a Permission was requested to advertise for bids for two emergency warning sirens. Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 9 Moved by Alderman Morrison that minutes of the meetings of the following boards and commissions be received. a. Board of Adjustments and Appeals - November 19, 1974 b. Planning Board - November 13, 1974 C. Park Board - November 19, 1974 J d. Traffic Commission - November 12 and 19, 1974 Motion seconded by Alderman Campsey, and carried unanimously. Item l0a J A proposed resolution was presented authorizing incurring of costs for plan- ning and preparation of the Community Development Block Grant application. RESOLUTION NO. 1601 RESOLUTION AUTHORIZING THE INCURRENCE OF COSTS IN THE PLANNING AND PRE- PARATION OF AN APPLICATION FOR BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUS- ING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383. WHEREAS, the City of Wichita Falls, Texas intends to file an application for block grant funds under Title I of the Housing and Community Development Act of 1974, between the first day of December, 1974 and the 15th day of April, 1975; and, WHEREAS, it is now considered necessary to incur certain costs in the planning and preparation of the said application; and, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The incurrence of necessary costs for the planning and preparation of said application is hereby authorized. SECTION 2. It is specifically recognized and understood that reimbursement for such incurred costs is dependent upon the appropriation and availability of funds under Title I of the said Community Development Act of 1974, and also the timely submission of the said application in accordance with Section 570.303 of Title 24 of the Code of Federal Regulations. SECTION 3. It is specifically recognized and understood that the costs in- curred as described in this resolution shall not exceed ten per cent of the ap- plicant's entitlement amount under the said Title I, and all of such costs will be fully documented in the applicant's files. SECTION 4. This Resolution shall take effect immediately. 1058 Item 10a, cont'd. Moved by Alderman Boyd that Resolution No. 1601 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Moved by Alderman Boyd that the Citizen Participation Plan be adopted. Motion seconded by Alderman Campsey, and carried unanimously. Item 10b V The following appointments were made by the Mayor to the MIS Evaluation Committee. Joe Prothro - Chairman David Wolverton Donald Wills David Schlabs Mrs. Cordie Sutton Robert Pace Moved by Alderman Morrison that the appointments be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Campsey inquired if there might be certain poles which could possibly / be a hazard to Kickapoo Airport. Ed Ilschner stated that he had already removed them. �✓ Alderman Morrison mentioned the practice of having garage sales, the duration etc. He requested that the City Manager prepare a report concerning ordinances which have been adopted in other cities , the recommendations of enacting one here, and what it should contain. Alderwoman McCullough requested that the motion to Judge Hill regarding police woman-police officer classification be prepared by the next council meeting. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at L2:10 P.M. l PASSED AND APPROVED this /7*c/ day of ���1��f'clit/ 1974. f ATTEST: Mayor 1 7741 City Clerk i �.. Ir y 11 ,, ( I 1 1 E - _ rj 1 7TH wj S-I IM F 1, { , � 1 71 � .PT.