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Min 04/22/1975 1143 Wichita Falls, Texas Memorial Auditorium Building April 22, 1975 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 Hardy McAlister Dr. Guillermo Garcia Bill E. Gowan X Aldermen Joe N. Prothro J. C. Boyd, Jr. X Peggy McCullough i I Gerald G. Fox City Manager i H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Item 2 Moved by Alderwoman McCullough that minutes of the meeting held April 7, 1975, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Item 3a r The public hearing was opened on hazardous structures. No one desired to f be heard. Preston McBee noted that Willie Dalton, 811 Jalonick, had written a letter requesting an extension of time. He recommended a 60-day extension. ORDINANCE NO. 2968 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. 2968 be passed, approving a 60-day extension for Willie Dalton. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. i Item 4a A proposed ordinance was presented accepting improvements on Sunset Drive, as part of the 1973 Reconstruction Program. ✓ r ORDINANCE NO. 2969 ORDINANCE ACCEPTING IMPROVEMENTS OF SUNSET DRIVE IN THE CITY OF WICHITA FALLS , TEXAS, AS DESIGNATED IN ORDINANCE NO. 2777 DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, WICHITA FALLS, TEXAS FOR THE CONSTRUC- TION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL I ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; 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 OF THE CITY OF WICHITA FALLS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. I I 1144 Item 4a, cont'd. Moved by Alderwoman McCullough that Ordinance No. 2969 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays: None. i Item 4b A proposed ordinance was presented determining the necessity for the 1975 Assessment Paving Program. For the benefit of the new Council members , Ernest Lillard noted the steps involved in the paving process. Following completion and acceptance of the paving, assessments are made to the property owners. The City Manager explained that they have two options available to them to pay for these assessments. Mr. Lillard explained that they are proposing a change in the assessment policy due to the high escalation of prices in 1974. This placed a much greater burden on the property owner in the amount of 48 percent. He estimates a 20-25 percent increase this year over the 1974 program. Until 1973 the City had participated in the amount of 30-40 percent. Benefits to the adjacent property owner should be at least equal to the amount of the assessment. This has created some problems in that most of the streets to be paved are located in low economic areas, and there are some reservations as to the equal value in some instances. Paved streets cause less maintenance for the City. / ORDINANCE NO. 2970 i AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICH:ITA FALLS, TEXAS, DESIGNATED AS THE 1975 ASSESSMENT PAVING PRO- GRAM, APPROVING THE PLANS AND SPECIFICATIONS PREAPRED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Prothro that Ordinance No. 2970 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro.,. Boyd, and McCullough Nays.: None. f Item 4c A proposed ordinance was presented determining the necessity for paving street leave-out sections. Ernest Lillard pointed out that city street crews could do this work for a lesser amount per square foot than could a contractor because the sections are scattered out, and our crews could do this when they are in the areas doing alley paving. Both the leave-outs and alley construction are concrete. Alderman McAlister inquired if the motivation for this project is the same as for alley paving? The City Manager stated that the motivation is saving on maintenance and complaints received, and it benefits the traveling public. c r ORDINANCE NO. 2971 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AT THE 1975 LEAVE OUT SECTIONS ASSESSMENT PAVING PROGRAM APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Prothro that Ordinance No. 2971 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays: None. 1145 Item 4c, cont'd. The method of construction was further discussed. Mayor Kruger felt that we should take the alternative and let the City do the work. Alderwoman McCullough agreed. Alderman Prothro stated he would agree if it would not pull our city crews away from other projects over the city. Ernest Lillard stated that he did not feel it would make any appreciable difference. He would schedule this within the next six to eight months in our regular scheduling process. Moved by Alderman Garcia that the City be authorized to perform this work. Motion seconded by Alderman Boyd, and carried unanimously. Item 4d v � A proposed ordinance was presented amending the Code of Ordinances in regard to sale of pistols. City Attorney H. P. Hodge pointed out that in sub-paragraph I (2) the word "or" should be changed to "of". ORDINANCE NO. 2972 v ORDINANCE AMENDING SECTION 24-8 OF THE CODE OF ORDINANCES, WHICH REGULATES SALE OF PISTOLS TO EXEMPT ANTIQUES AND REPLICAS. Moved by Alderman Boyd that Ordinance No. 2972 be passed, with that change. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Item 4e - 1 Discussion was held on a proposal to prohibit parking at certain locations. Charles Russell appeared for Foster Cathead Company in opposition to prohibition w � -Avenue K, next to his business. Ed Ilschner pointed of parking on Seymour Road out in a memo that the Traffic Commission first voted to approved "no parking" c/ on Seymour Road-Avenue K between Wenonah and Kemp. Following a special meeting to hear the objections of Mr. Lewis Foster, the Traffic Commission reversed their earlier decision. Mr. Ilschner based his recommendation for "no parking" on the following facts. 1. Design criteria for a major collector street states that parking should not be allowed. 2. Traffic volume is very heavy during peak periods , 7-8:30 A.M and 4:00- 6:30 P.M. 3. Traffic surveys reveal that parking occurs infrequently except in the lane abutting Foster Cathead Company. Mr. Russell presented the layout of their property, pointing out that the vehicles in the curb lane provide protection for their trucks loading and unload- ing. He stated that the sidewalk is only three feet wide. A truck driver cannot see far enough before he gets out into the lane of traffic. He stated that they have no authority to place cones in the street as a traffic aid. Lewis Foster stated that prohibition of parking between 4:00 and 6:30 P.M. would be a definite interference because this is the time when trucks are loading and unloading. He stated that they try to keep some cars parked there for protec- tion. f -} ORDINANCE NO. 2973 f AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS , ESTABLISHING NO PARK- ING ZONES ON CERTAIN STREETS AND HIGHWAYS , AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 2973 be passed, as recommended by the Traffic Commission. 1146 Item 4e, cont'd. Motion seconded by Alderman Boyd. Ed Ilschner pointed out that it is his job to study and recommend traffic enforcement procedures only under specified guidelines, and that traffic cones are acceptable. The city traffic engineer has authority to require that certain traffic control devices be employed. Mr. Foster could not use traffic cones without authority from Mr. Ilschner, but that he could authorize it at times when a truck is loading or unloading. He recommended that the peak period ordinance be enacted. Alderman McAlister stated that he personally agrees with :Mr. Ilschner, but the Traffic Commission voted otherwise. A substitute motion was moved by Alderwoman McCullough that the third ordin- ance presented to us this morning be adopted. No second was received. The motion for passage of Ordinance No. 2973 was carried by the following vote, with instructions that the Traffic Commission be requested to reconsider the alterna- tive proposal. Ayes : Aldermen McAlister, Garcia, Prothro, Boyd, and McCullough Nays : None (Alderman Gowan did not participate in the discussion, nor did he vote because Mr. Russell is a member of his law firm) . H. P. Hodge stated that a private citizen does not have the right to channelize traffic without authority from the proper person. Ernest Lillard stated that the state design was for no parking in the four lanes, and this was pointed out at the public hearing. The decision was made to not prohibit parking until the traffic load was determined. Mr. Ilschner stated that it is a problem during peak periods, but not all day. Item 5a r i A proposed resolution was presented approving appraisal for railroad right-of- way in connection with the Kell Freeway project. ✓ J v RESOLUTION NO. 1653 RESOLUTION APPROVING APPRAISAL OF PROPERTIES FOR THE F.W.D.R.R. RELOCATION AND AUTHORIZING 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 City of Wichita Falls, 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 Deeds are as follows : F.W.D.R.R. Relocation Warranty Deed 1,584 sq. ft. of Lot 3, Block 16, Barwise and Jalonick Addition 1,389 sq. ft. of Lots 6 & 8, Block 9, Barwise and Jalonick Addition 19,657 sq. ft. of Lots 8, 9 and 10, Block 10, Barwise and Jalonick Addition 7,786 sq. ft. of Lots 6 & 7, Block 10, Barwise and Jalonick Addition 24,600 sq. ft. of Lots 6, 7, 8, 9 and 10, Block 11, Barwise and Jalonick Addition and part of Kentucky Street (closed by Ordinance No. 1.849) Combined total of values approved in this resolution -------------------$87,311.00 1147 Item 5a, cont'd. SECTION NO. 2 The value of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Fort Worth and Denver Railway Company or the City of Wichita Falls , by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized prices 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 City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Fort Worth and Denver Railway Company or the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1653 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. r Item 5b jf. A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1654 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been -appraised by appraisers employed by the Texas State Highway Department and by the City of Wichita Falls, and the amount of the value, as determined from the appraisal, has 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 property to be purchased by Warranty Deed is as follows : Kell Freeway - Project 52-380 Warranty Deed 0.317 acre out of the Cyrus _Eakman Survey No. 2, Abstract 451, Tract No. 1 of Parker Square Shopping Center Addition and Cyrus Eakman Survey No. 2, S.P.R.R. Co. Scrip No. 16/157, Abstract 450. Total Value approved in this resolution ------------------------- $55,180.00 SECTION NO. 2 The value of such property is 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 tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the State approved value as determined from appraisal made by real estate appraisers employed by the City of Wichita Falls and the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of .Wichita Falls. 1148 Item 5b, cont'd. Moved by Alderman McAlister that Resolution No. 1654 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays: None. Item 5c 1 Proposed resolutions were presented adopting an assessment policy for the 1974 and 1975 assessment paving programs. The City Manager suggested $8.00 and $5.50 for front and side assessments in 1974, and $8.75 and $6.00 for 1975 assessments. If the policy is not changed , $10.72 will be assessed in the 1974 program, based on our present policy. It is estimated that the cost will be in excess of $12.00 per foot for the 1975 program. Ernest Lillard pointed out that most of the cities in the state are approaching this matter in the same way because of escalation in prices. Because of the limitation placed by the statute we have to be very careful in the amounts assessed. r RESOLUTION NO. 1655 WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, did, by resolution adopt a policy for assessments against the adjacent property owners for street improvement projects; and, WHEREAS, experience has shown that minor revisions of this policy need to be made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : That the policy previously adopted be repealed and that the instrument attached hereto entitled "Policy for Assessments Against Adjacent Property Owners for Street Improvement Projects and Procedures and Responsibilities for Providing Street Im- provement in the City of Wichita Falls" be and the same is hereby adopted as the policy governing such assessments and improvements , as included in the 1974 Assess- ment Paving Program. Moved by Alderman Prothro that Resolution No. 1655 be passed. Motion seconded by Alderwoman McCullough. Alderman McAlister stated that he is not convinced that this is the proper action to take. He inquired who pays for the streets in new developments. It was pointed out that the developer pays 100 percent of the cost. Alderman Prothro then noted that the property owner pays for it when he buys the house. Alderman McAlister inquired would we not have the same problem in determining amount of improvement to the property by a flat rate as well as the other method;' Ernest Lillard stated that we would, but we have to have a uniform policy. Alderman McAlister stated that in the past it has been tied directly to cost. The City has absorbed part of the cost, and the citizens part of it. If you go to a flat rate charge you are more or less removing it from cost of construction,. He ques- tions whether it is a wise long range policy. The motion for passage of the resolution was carried by the following vote: Ayes : Aldermen Garcia, Gowan, Prothro, Boyd, and McCullough Nays : Alderman McAlister RESOLUTION NO. 1656 f WHEREAS , the Board of Aldermen of the City of Wichita Falls , Texas, did, by resolution adopt a policy for assessments against the adjacent property owners for street improvement projects; and, WHEREAS, experience has shown that minor revisions of this policy need to be made. 1149 Item 5c, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : That the policy previously adopted be repealed and that the instrument attached hereto entitled "Policy for Assessments Against Adjacent Property Owners for Street Improvement Projects and Procedures and Responsibilities for Providing Street Im- provement in the City of Wichita Falls" be and the same is hereby adopted as the policy governing such assessments and improvements, as included in the 1975 Assess- ment Paving Program. Moved by Alderman Prothro that Resolution No. 1656 be passed, setting the rates for the 1975 assessment paving at $8.75 and $6.00 respectively. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Aldermen Garcia, Gowan, Prothro, Boyd, and McCullough Nays : Alderman. McAlister. Item 6a A proposed resolution was presented awarding the low bid for replacement of the heating and cooling system at 402 East Scott. RESOLUTION NO. 1657 RESOLUTION AWARDING CONTRACT FOR THE REPLACEMENT OF HEATING AND AIR CONDITIONING SYSTEM AT 402 EAST SCOTT TO NU-RAY COMPANY. WHEREAS, the City of Wichita Falls has advertised for bids to furnish labor and material to replace the heating and cooling system for the office building located at 402 East Scott; and, WHEREAS, six (6) bids were received, and the bid of Nu-Ray Company in the net amount of $1,918.25 was the lowest and best bid received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said bid of Nu-Ray Company in the amount of $1,918.25 is hereby accepted, and the City Manager is authorized to execute for the' City of Wichita Falls a contract with Nu-Ray Company to perform this improvement. Moved by Alderman Boyd that Resolution No. 1656 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. I / Item 6b Ben Shelton, Director of General Services , recommended that all bids be re- jected on the fire rescue body for the Fire Department since they were in excess of available funds. Moved by Alderman Boyd that the bids be rejected, and that authority be granted to readvertise for bids. i Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7a I Permission was requested to advertise for bids for three pumps for Lift Sta- tion No. 18. They can be purchased cheaper than repair parts. I i i i 1150 Item 7a, cont'd. Moved by Alderwoman McCullough that authority be granted to advertise for bids for sewage pumps as requested. Motion seconded by Alderman Boyd, and carried unanimously. L t Item 8 Moved by Alderman Prothro that minutes of the meetings of the following boards and commissions be received. a. Planning Board - April 9, 1975 b. Traffic Commission - April 8 and April 15, 1975 Motion seconded by Alderman Garcia, and carried unanimously. C. C. Hayley appeared as Chairman of the Planning Board, reminding, the Board of Aldermen of their prior recommendation on open areas of our city. He referred to Arrowhead Ranch Development, stating that although it is not in our city it will encourage growth on the fringe of our limits; and will not be working in the direction of our long range plans on vacant land. He pointed out that this might encourage other developments which would not be in the best interests of our city. Item 9a 1` Discussion was held on permanent financial support for Wichita General Hospital. Mayor Kruger stated that he would like for the County to reconsider a 16-member citi- zens committee to study Wichita General Hospital permanent financial support. When Mr. Jarratt was requested to reply to information requested by the Council, he did not do so. He stated that he hopes that he will reconsider this in the future. He believes that outside specialists are needed to study the hospital 's operation. Alderman Boyd stated that he feels we should pursue this matter and get a response to these questions. He suggested that the City Manager and Mayor re-word these questions in a letter to Mr. Jarratt and the Hospital Board, signed by the Mayor, requesting again that this information be furnished, and that copies be distributed to the Council. He also agreed that we should pursue the matter of looking into a management operations study of the General Hospital. Alderman Prothro concurred with this idea, and requested that the City Manager contact Ryan Advisors, Inc. and James A. Hamilton and Associates to see what they can furnish us. Mayor Kruger recommended that the two in Dallas also be contacted because of the proximity of distance. Alderman McAlister inquired if this body has the right to request a study of the hospital. Would it not require the sanction of the hospital board? The City Manager stated that he doubted we could do it without the cooperation of the hospital board. The City Attorney stated that he doubts we could force such a study without their cooperation. Alderman McAlister inquired why the City is interested in this. Alderman Prothro stated that because they have been asked, and will continue to be asked for a considerable amount of support from the Council. Alderman McAlister stated that he believes we have every right to know;, but he would put that burden on the hospital board to find out, before any funding is made. Alderman Prothro noted that we cannot force it upon the hospital board, but we can ask them for cooperation. The City Manager stated that he agrees with Alderman McAlister that the Council should request that such a management study be made within a given time, and that the hospital board gather that information. Alderman McAlister noted that the hospital board might give us the same comment on an efficiency study that they did on these questions. He stated that he is one hundred percent in favor of the study. He just questions whether the City Council has the legal responsibility to do it. Mayor Kruger recommended that the Council request the hospital board to con- duct a management and operations study of the General Hospital. Alderman Gowan stated that he feels we need to have some time to review any information which they receive; that a time limitation be placed on it in order to review it before the next consideration for funds. The City Manager suggested that overall health 1151 i Item 9a, cont'd. care facilities in the city also be looked at. Alderman McAlister stated that he feels the Council authorized money in the past without sufficient financial in- formation. Moved by Alderman Garcia that the hospital board be requested to make a management and operations study of the General Hospital as outlined, and that they also look at the overall health care facilities in the city. Motion seconded by Alderman Prothro, and carried unanimously. Alderman McAlister inquired if the provisions relating to the hospital board had been met, as outlined in the minutes of the March 18 meeting. It was pointed out that the budgetary process was premature at this time; however, the monthly report is due. Item 9b f} , ✓ Discussion was held on issues raised by Shirley Button in a letter. Steve Ondrejas reported that forty percent of -the current housing stock of Wichita Falls was constructed prior to 1950. An increasing number of houses will continue to detiorate, and will be in need of improvement. He feels that adoption of a mini- mum housing code will be beneficial in eliminating some of the conditions outlined by Mrs. Button. In a 1971 housing code administration report listing 19 cities, we are the only city over 50,000 population in Texas who does not have a housing code. Alderman Prothro recommended that all these replies be submitted to Mrs. Button. Alderman Boyd recommended that this matter be presented to the Planning Board or other proper citizens commission, and respond back to the Council. i In regard to animal control. Alderman Prothro stated that he has some recom- mendations to be made at the next council meeting. Georgia Stiles, president of the Humane Society, introduced Mrs. Toni De Stefano, Y who presented a report of the operations at the Humane Society, stating that the Animal Shelter and Humane Society handled more than 12,000 animals last year. Total expenses for the Humane Society were $37,000, and $41,000 for Animal Control. She suggested cooperation between all agencies and veterinarians, stating that educa- tion is most important. She requested that any change in the ordinance be post- poned until it can be reviewed by a committee. An advisory committee to study this matter was recommended by the City Manager. Alderwoman McCullough stated that she feels this is a situation that needs to be rectified as soon as possible. Alderwoman McCullough inquired concerning contingency funds for spray pools at Kiwanis and Jaycee Parks, stating that she would like to see this considered at the next budget meeting. Alderman McAlister recommended that Mr. Lillard 's idea of a program of clean up service be encouraged and made available to various neighborhoods. Mr. Lillard stated that this service has been offered. Alderwoman McCullough suggested that Mrs. Button initiate some action in helping to get these programs started in other areas since she was instrumental in the Project AIM program. Item 9c r Appointments were made to the following boards and commissions, etc. l ✓ -- - 1. Community Center for Mental Health and Mental Retardation - Dr. William -_ Rector, term to expire July 10, 1976. - - - 2. Panel of arbitrators for Utility Service Bills - E. A. Davis and Charles �- Pr - Morrison. Mozelle Cherry appointed as Presiding Official. 3. Data Access Control Board - James Prothro, Chairman. 4. Planning Board - Mrs. David Allen, term to expire May 23, 1976. > 5. Bicentennial Commission - Lt. Col. Vilas Bielfeldt, Festivals USA Subcommittee Chairman, Don Burkman and Mrs. Eddie Lake Bunton, indifinite terms. 6. Mayor's Commission on the Status of Women - Mrs. Henry Anderson - 2-year term 1152 Item 9c, cont 'd. Mrs. Barney Bahme - 1-year term Mrs. Larry Doing - 2-year term Mrs. Larry Francell - 1-year term Mrs. Paul Grady 2-year term Mrs. Dale Henry - 1-year term Mary Catherine Henry - 2-year term Mrs. Donald Larson - 1-year term Mrs. Fred Lowder, Jr. - 2-year term Mrs. Ermilio Montemayor - 1-year term Mrs. Joe Sherrill - 2-year term Mrs. Wilbur Shirk - 1-year term Mrs. Milton Summons - 2-year term Mrs. Charles Ward - 1-year term Arthur B. Williams - 2-year term 7. Mayor Pro tem - J. C. Boyd 8. Bicentennial Commission - J. C. Boyd 9. Human Relations Commission - Bill Gowan 10. Hospital Board - Peggy McCullough 11. Community Center for MHMR - Hardy McAlister 12. Data Access Control Board - Guillermo Garcia 13. Airport Advisory Board - Joe Prothro 14. Planning Board — Hardy McAlister 15. Park Board - Bill Gowan 16. Traffic Commission - Guillermo Garcia 17. NORTEX General Membership - Joe Prothro, Guillermo Garcia, and Hardy McAlister 18. NORTEX Executive Committee - Max Kruger and Bill Gowan 19. Commission on Status of Women - Peggy McCullough Moved by Alderwoman McCullough that the appointments be approved. Motion seconded by Alderman Boyd, and carried unanimously. 1 Item 10a Discussion was held on a proposed water purchase agreement with Red River Water Authority for Arrowhead Ranch Estates. Ed Biggs stated that he had met with Ernest Lillard and Steve Ondrejas. He agreed to install curb and gutter if sidewalks and street surface requirements be waived. He stated that they are pro- posing to install six inch base material and on surface material they would meet the requirements for farm to market roads. The point of concern seems to be in the area of subdivision standards and the amount of water. No disposition was made on lot size; however, if they are allowed to decrease the lot size then they would be willing to waive the present provision that requires them not to install curb and gutter and drainage, and they would install same. Alderman Prothro inquired what is to prevent the area from incorporating? Mr. Bills stated that it would be possible for them to incorporate, but it is not the desire of the developer to incorporate it. Alderman McAlister inquired if a county road would deteriorate in the same time frame as a city street. Mr. Lillard stated that there is no guaranteed time expectancy. A street not used does not last as long. Alderman McAlister asked if we could use what they have provided later to rebuild the street. The City Manager stated that we could. Mr. Lillard stated that these modifications would result in approximately one-half the cost, but they would also have about one-half of the life expectancy. He stated that their only concern would be in the area of increased maintenance costs. He feels most of the life of the street would be expended, and would require main- tenance costs. He feels most of the life of the street would be expended, and would require maintenance by the time it would be brought into the city limits. Alderman Boyd pointed out that the National League of Cities had dealt with rural sprawl and leap frogging outside city limits. He believes that by the adop- tion of this resolution we will be setting up a potential city which could not be there without the water. The idea of intensifying within the city seems to be the proper way to go. He feels we would be unwise at this point to do anything other than what we have done. He is of the firm conviction that to go beyond this is not wise at this time. ^ 1153 Item 10a, cont'd. Moved by Alderman Boyd that the proposed resolution pertaining to a water purchase contract with Red River Authority for Arrowhead Ranch Estates be tabled. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Prothro, Boyd, and McCullough Nays : None (Alderman Gowan did not participate in this discussion, and 'did not vote because it involves a client.) Item 10b Ernest Lillard mentioned the 4-H Association drainage construction, stating that B. T. Haws felt that the 4-H Association would be in agreement with the pipe, but he has to get the approval to install it in a closed, rather than open ditch. He mentioned the agreement they had with the 4-H Association in construction of Midwestern Parkway. They gave the City fifteen feet of property, and the City did not assess them for curb and gutter. The City filled in the swamp and they agreed to open ditch drainage. a:. / Item 10c V rc A proposed resolution was presented commending three police officers. RESOLUTION NO. 1658 RESOLUTION COMMENDING POLICE OFFICERS DAVID BALL, LARRY KING AND JOHN RUDOWSKI. WHEREAS, on April 10, 1975, Police Officers David Ball, Larry King and John Rudowski were involved in a tragic gun battle in which one man was killed and two of the officers were wounded; and, WHEREAS, the actions of the officers at the time were justifiable and proper. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Police Officers David Ball, Larry King and John Rudowski are commended for their bravery at the time of this incident. Moved by Mayor Kruger that Resolution No. 1658 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Alderman McAlister mentioned that the minimum lot size is 7200 square feet, asking if it is advisable for the Planning Board to look into the subdivision re- quirement of whether lot size should be increased? ° Alderman McAlister also inquired if in selling water to Scotland, does the City have to approve any additional taps? The City Manager stated that they do j outside the extraterritorial jurisdiction. It has been brought to his attention that some type of development is taking place. They are authorized to tap into the transmission line between Scotland and Wichita Falls with the City's approval. Alderman McAlister inquired if this is not the same thing as Arrowhead Ranch Estates, as far as urban sprawl is concerned. Joe Smith stated that he did not feel it would be because Arrowhead Ranch Estates would be a subdivision. r ' Alderman Prothro asked for an updated report on parking in the downtown area, especially consideration of removal of parking meters on Ohio Street. Ed Ilschner 1154 ' stated that he could have a report in August. Alderman Prothro also desired further study on expansion of angle parking. Mr. Ilschner stated that he believes Ohio Street is the only other street in the downtown area where angle parking could be instituted unless they eliminate parking on one side of 9th or loth. In regard to the Auditor's financial report, the following motion was made. Moved by Alderman Prothro that the Council and staff comply with the recom- mendations of the Auditor's report. If they cannot be accomplished by October 1, 1975, that the Council be notified in writing; that the Council receive a report from both the auditing firm and finance director in accomplishing these recom- mendations at 60-day intervals; that the Council endorse the concept of employing additional staff in order to complete this responsibility by October; that the finance director should seek and employ the assistance of the auditor in meeting these suggestions and recommendations ; that the Council members receive monthly financial statements ; and that the Council endorse the concept of employing an internal auditor, with details of his employment to be studied at a later date. Motion seconded by Alderman Boyd, and carried unanimously. r Moved by Alderman Boyd that the fire protection agreement with the County be extended to July 1, 1975. . . Motion seconded by Alderwoman McCullough, and carried unanimously. t~ v Alderwoman McCullough mentioned a request by Budget Rent-A-Car. The City Manager stated that they are handled administratively. Spaces are allocated according to revenue received. The Board of Aldermen adjourned at 12 :53 P.M. PASSED AND APPROVED this day of f 1975. C Mayor i ATTEST: __J City C1er • POLICIES OUTLINING RESPONSIBILITIES AND ASSESSMENT PROCEDURES AGAINST ABUTTING PROPERTY OWNERS FOR STREET IMPROVEMENTS IN THE CITY OF WICHITA FALLS SECTION I - DEFINITION OF TERMS For clarity and continuity the following terms shall be used throughout this policy in discussion of the amount of partici- pation which is recommended in regard to a certain type of property. A. NEW STREET CONSTRUCTION - Paving of a street which has not been previously paved with an acceptable paving standard and which does not have curb and gutter and is not to an approved alignment and grade. B. STREET RECONSTRUCTION - Widening or reconstruction of an existing street which is to grade and which does have curb and gutter. C. RESIDENTIAL PROPERTY - Property which is residential in use or character for one or two family residence. D. NON PROFIT PROPERTY - Property such as churches , schools , etc. , which are carried as exempt properties on City Tax rolls. E. COMMERCIAL PROPERTY - Any property being used for business purposes ,including apartment dwellings . F. SIDE LOT EXPOSURE - Residential property abutting two streets at their intersection with the longer street frontage being defined as side lot exposure. G. BACK LOT - Residential lot abutting two streets but facing on the street not being improved. SECTION II - NEW STREET CONSTRUCTION 1 . The assessment for each abutting front foot of privately owned property, residential in usage, shall be as follows : . (a) Assessment cost for property with frontage on the pro- posed improvements be at a rate not to exceed $ per front foot. (b) The assessment rate for property abutting the side of the street being improved shall be at a rate not to exceed $ < ,":y per linear foot. POLICIES OUTLINING RESPONSIBILITIES AND ASSESSMENT PROCEDURES AGAINST ABUTTING PROPERTY OWNERS FOR STREET IMPROVEMENTS IN THE CITY OF WICHITA FALLS SECTION I - DEFINITION OF TERMS For clarity and continuity the following terms shall be used throughout this policy in discussion of the amount of partici- pation which is recommended in regard to a certain type of property. A. NEW STREET CONSTRUCTION - Paving of a street which has not been previously paved with an acceptable paving standard and which does not have curb and gutter and is not to an approved alignment and grade. B. STREET RECONSTRUCTION - Widening or reconstruction of an existing street which is to grade and which does have curb and gutter. C. RESIDENTIAL PROPERTY - Property which is residential in use or character for one or two family residence. D. NON PROFIT PROPERTY - Property such as churches , schools, etc. , which are carried as exempt properties on City Tax rolls. E. COMMERCIAL PROPERTY - Any property being used for business purposes ,including apartment dwellings . F. SIDE LOT EXPOSURE - Residential property abutting two streets at their intersection with the longer street frontage being defined as side lot exposure. G. BACK LOT - Residential lot abutting two streets but facing on the street not being improved. SECTION II - NEW STREET CONSTRUCTION 1 . The assessment for each abutting front foot of privately owned property, residential in usage, shall be as follows : (a) Assessment cost for property with frontage on the pro- posed improvements be at a rate not to exceed $ a per front foot. (b) The assessment rate for property abutting the side of the street being improved shall be at a rate not to exceed Per linear foot. (c) The City shall pay for costs of improvements exceeding the assessed rate. The City will pay for any necessary storm drainage construction. The City will pay for any construction above a 30 foot street. If the street to be improved is less than 30 feet , then the assessment rate shall be based on actual cost up to the above rate. (d) The actual costs as related in (a) and (b) shall be the costs for curb and gutter and pavement which are in accordance with the City's standards for residential construction. if a pavement requires additional depth or width the excess cost will be paid for by the City- at-large adjacent to residential property. 2. Residential Property shall receive the following considerations : (a) Side lot credit shall not apply but to the first 150 feet of a lot with any additional depth being assessed the same rate as property fronting the street . (b) For property which abuts the street being improved at the back of the lot , there shall be no assessment provided there is no access to the street being improved. If the property is of such a size that it can be replatted so that it will front the street being improved, this con- sideration shall not apply unless there are improvements located on the lot in such a way as to make replatting impossible. 3. The assessment for each abutting front foot of privately owned property commercial in usage shall be as follows : (a) Actual cost for curb and gutter. (b) Actual cost for pavement including both base and surface from the lip of gutter to the centerline of the street up to a 48 foot roadway. (c) An additional ten per cent of items (a) and (b) shall be included in the assessment rate for engineering costs . (d) The City-at-large shall pay for the cost of the roadway in excess of 48 feet and also for any widening due to channelization at intersections. (e) If the street is widened beyond the width desired by the City, the property owners shall pay for the additional widening in addition to the basic assessment for street improvements. -2- 4. It is not intended that commercial property receive the considerations that are outlined for residential property with respect to side exposure or rear exposure unless the commercial property does not or cannot take access from the side or rear. Special consideration will be given commercial property with these conditions . 5. Deviations from Standard Policy. (a) Any deviation from standard policy as stated herein and adopted by the City Council shall be called to the attention of the City Council prior to or during the assessment paving benefit hearing. SECTION III - STREET RECONSTRUCTION 1 . Where a street is to line and grade as determined by the City Engineer, and has been paved with an adequate base and surface, and has curb and gutter adjacent to all property, there will be no assessment for reconstruction. 2. If curb and gutter does not exist on all abutting property, it shall be necessary to have all curb and gutter constructed on an assessment or voluntary basis before the street will be considered for reconstruction by the City of Wichita Falls. SECTION IV - CONSTRUCTION OF STREETS FROM CAPITAL IMPROVEMENT BOND FUNDS 1 . Due to the necessity of constructing widened and improved roadways for the handling of traffic on major thoroughfares and arterial streets in areas not fully developed, and also in devel- oped areas where adequate width roadways were not originally con- structed, it is necessary to use Capital Improvement Bond Funds financed by tax revenue from the City-at-large to finance these projects. 2. Due to the unusually large amount of traffic handled by these major facilities , it is intended that assessment paving procedures as outlined in Section If regarding residential pro- perty be revised as follows : (a) Assessed for curb and gutter (b) An additional ten per cent of item (a) shall be included in the assessment rate for engineering costs. (c) The City-at-large, from Capital Improvement Bond Funds , shall pay for the pavement adjacent to residential property. -3- SECTION V - CURB AND GUTTER AND SIDEWALK CONSTRUCTION ADJACENT TO PROPERTY BEING DEVELOPED 1 . On any street which is presently asphalt surfaced and on which there is no curb and gutter, it will be the responsibility of the property owner to construct curb and gutter and sidewalks to the proposed line and grade of the street 's ultimate width as deter- mined by the Public Works Department. 2. On streets which have drainage ditches adjacent to property to be developed, the City will install any pipe which can be set to line and grade to be used ultimately as a portion of a storm sewer system. This installation will be limited to drainage ditches which require up to a 36 inch diameter pipe to handle the storm water. Any improvements requiring a larger pipe than this , or any ditch in which the pipe will only be a temporary expedient to a drainage problem, will be paid for and installed by the owner. 3. The area between any newly constructed curb and gutter and the existing paving will be paved by the property owner to the require- ments of standard street paving as approved by the City. This paving will include the cutting to a neat line the existing asphalt pavement to a point 2 feet beyond the edge of the pavement to pro- vide a neat joint. 4. Driveways will be constructed as approved by the Traffic Engin- eering Department and all construction shall be in accordance with the requirements as outlined by ordinances governing such con- struction. 5. Sidewalks shall be built to the line and grade as established by the Engineering Department and in conformance to the construc- tion requirements as established by the City. 6. On streets where a grade cannot be set which would be function- al , then these requirements may be waived by the Director of Public Works. -4-