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Min 06/10/1975 1178 Wichita Falls , Texas Memorial Auditorium Building June 10, 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 8:30 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Pro tem Hardy McAlister Guillermo Garcia X Aldermen Bill E. Gowan Joe N. Prothro Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent Peggy McCullough Absent Mayor Pro tem Boyd explained that Mrs. McCullough was not in attendance due to the death of her mother-in-law. Moved by Alderman Gowan that minutes of the meeting held May 20, 1975 , be approved. Motion seconded by Alderman Prothro, and carried unanimously. Item 2 Mr. William F. Durham, Deputy Director of the Federal Housing Administration l in Fort Worth, made official presentation of approval letters from Manuel Sanchez and President Gerald R. Ford for community development funds in the amount of $418,000. Mayor Pro tem Boyd called on members of the Board, staff, and audience for any item not on the agenda, except the swimming pool, which they desired to present. Alderman Gowan noted that there are some cities utilizing aerial spray in mosquito control. He requested Dr. Parker to investigate this method to determine if it would be workable to get the entire city sprayed within a short time, and furnish the Council with this information. Alderman McAlister desired a progress report at the next meeting on the animal control ordinance presently being studied. City Manager Gerald Fox noted that the next Council meeting will be held July 8. Item 3 (appropriation ordinances for settlement of claims) was deleted. Item 4a A proposed ordinance was presented accepting improvements of certain streets in the 1973 Assessment Paving Program. ` J ORDINANCE NO. 2983 ORDINANCE ACCEPTING IMPROVEMENTS OF FOURTEEN (14) UNITS OF THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS , TEXAS , AS DESIGNATED IN ORDINANCE NO. 2776 DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS , TEXAS, FOR THE CONSTRUCTION OF SAID 1179 Item 4a, cont'd. IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESS- MENTS 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 , TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Prothro that Ordinance No. 2983 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. , . Item 4b ✓ A proposed ordinance was presented reducing the duties of the Traffic Com- mission and revising its number of members. Alderman Garcia noted that it seems that they feel it is a burden to have the Traffic Commission performing duties of both Traffic Commission and Traffic Safety, but who else would be better acquainted with the traffic problems than the Traffic Commission? Why not keep them as one body rather than adding another? Alderman Boyd stated that prior to his election (Alderman Garcia 's) , that was the feeling of the Council, and it was tried on a trial basis. ORDINANCE NO. 2984 ORDINANCE AMENDING SECTIONS 29-199 AND 29-201 OF THE CODE OF ORDINANCES REVISING THE NUMBER OF MEMBERS AND DUTIES OF THE CITY TRAFFIC COMMISSION. Moved by Alderman McAlister that Ordinance No. 2984 be passed. Motion seconded by Alderman Gowan. Alderman Gowan inquired what the Traffic Safety Commission would do which is separate and apart from the Traffic Commission° Ed Ilschner stated that this body would deal primarily in the field of education; identify needs, address these needs, and involve themselves in adequate programs relating to them. The motion was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. 1 Item 5a A request was presented from Funland to renew their lease from, July 1, 1975 to June 30, 1980, along with an additional five-year option to run from July 1, 1980 to June 30, 1985. A proposed resolution was presented approving a fourth amendment to this lease agreement. RESOLUTION NO. 1669 RESOLUTION APPROVING FOURTH AMENDMENT OF LEASE AGREEMENT TO WICHITA FALLS FUNLAND, INC. , GRANTING AN OPTION TO EXTEND THE LEASE FOR AN ADDITIONAL FIVE (5) YEARS. WHEREAS, heretofore, on the 12th day of July, 1965, a contract was entered into by and between the City of Wichita Falls, Texas , and Wichita Falls Funland, Inc. , concerning the operation of an amusement park at Weeks Park; and, WHEREAS, Wichita Falls Funland, Inc, has requested that the contract be amended to grant it a further option of extending the contract for an additional five (5) year period from July 1, 1980 through June 30, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: 1180 Item 5a That certain Fourth Amendment of lease agreement between the City of Wichita Falls and Wichita Falls Funland, Inc. , granting such option to renew for an addi- tional five (5) years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1669 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. s �t Item 5b A proposed resolution was presented approving a quitclaim deed to Lot 7, Block 161 of the Original Town. RESOLUTION NO. 1670 RESOLUTION APPROVING QUITCLAIM DEED OF LOT 7, BLOCK 161, ORIGINAL TOWNSITE OF WICHITA FALLS TO THE ESTATE OF JUNIUS JOHN THOMAS , DECEASED. WHEREAS, there appears of record in Volume C, Page 571, Deed Records of Wichita County, Texas , a tax deed from A. D. Anderson, Tax Collector, purport- ing to convey to the City of Wichita Falls, Lot 7, Block 161, Original Townsite, for alledged non-payment of taxes for the year 1893; and, WHEREAS, this property is a vacant lot on Lee Street, which has never been claimed by the City of Wichita Falls ; and, WHEREAS, one Mack Thomas acquired a deed to this property in 1920, and he and his wife and their estates have claimed the property ever since, and all taxes due the City of Wichita Falls on said property have been paid through the year 1974; and, WHEREAS, the children and devisees of Mack Thomas and wife have deeded their interests in the lot to the Estate of Junius John Thomas, deceased, and the City of Wichita Falls has been requested to execute a quitclaim deed to said lot. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor is hereby authorized to execute and deliver, for the City of Wichita Falls, a quitclaim deed of all its right, title and interest in Lot 7, Block 161, Original Townsite of Wichita Falls, to the Estate of Junius John Thomas deceased. Moved by Alderman Gowan that Resolution No. 1670 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. r 4 Item 5c A proposed resolution was presented authorizing suit concerning the Railroad Commission Order increasing gas rates. City Attorney H. P. Hodge, Jr. furnished background information pertaining to this matter. The Railroad Commission ordered Lone Star Gas to pay the increase in cost to LoVaca Gathering Company, and author- ized them to pass through the cost to consumers retroactive to January 28. He stated that he will be in Austin on June 16 opposing this at the Railroad Commission hearing, along with other cities. All fifteen of these cities believe it is un- constitutional to grant a retroactive increase, and they plan to join in one suit asking that they be enjoined from charging a retroactive rate increase. RESOLUTION NO. 1671 RESOLUTION AUTHORIZING THE CITY ATTORNEY AND THE TEXAS UTILITY ADVISORY COUNCIL AND ITS ATTORNEYS TO REPRESENT THE CITY IN A SUIT IN INJUNCTION. 1181 Item 5c, cont'd. AGAINST LONE STAR GAS COMPANY AND THE RAILROAD COMMISSION OF TEXAS TO PREVENT RETROSPECTIVE RATES FOR NATURAL GAS SERVICE IN WICHITA FALLS. WHEREAS, on January 28, 1975, the Railroad Commission of Texas entered an Order in Gas Utilities Docket No. 500 requiring Lone Star Gas Company to pay the interim rate for purchases from LoVaca Gathering Company and further ordering Lone Star Gas Company to pass the extra cost of LoVaca gas through to all of Lone Star's customers; and, WHEREAS, Lone Star Gas Company thereafter applied to the Board of Aldermen of Wichita Falls for permission to flow through the increased cost of LoVaca gas, which application was not granted; and, WHEREAS, Lone Star has appealed from this action by the Board of Aldermen of Wichita Falls ; and, WHEREAS , on May 9, 1975, the Railroad Commission entered an interim order per- mitting Lone Star Gas Company to flow through to its customers in the City of Wichita Falls the additional cost of LoVaca purchases in accordance with the Commission's Order of January 28, 1975, including the costs incurred from January 28, 1975 to May 9, 1975, as a surcharge over a three (3) month period; and, WHEREAS, the City of Wich-ita Falls has been advised by legal counsel that the billing to customers of the increased cost of LoVaca gas incurred between January 28, 1975 and May 9, 1975 would be retroactive and contrary to the laws and constitution of the State of Texas; and, WHEREAS, the Board of Aldermen desires to take affirmative action in conjunc- tion with other cities similarly situated to protect the interests of the rate payers affected by this matter. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: SECTION 1. City Attorney, H. P. Hodge, Jr. , and the Texas Utility Advisory Council and its attorneys are hereby authorized to represent the City of Wichita Falls in a suit in the District Court of Travis County, Texas , to seek an injunc- tion against Lone Star Gas Company and the Railroad Commission of Texas for the purpose of preventing retrospective rates for natural gas service in the City of Wichita Falls. SECTION 2. The City Attorney is hereby authorized to make the necessary arrangements with the Texas Utility Advisory Council in this regard. Moved by Alderman Garcia that Resolution No. 1671 be passed. Motion seconded by Alderman Cowan. Alderman McAlister inquired what time frame this would involve. Mr. Hodge stated that he would expect that the Court will take action on it immediately after the hearing. The suit will be to prevent the retroactive provision from going beyond May 9. The Railroad Commission hearing on June 16 will attempt to prevent allowing the increase at all. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro Nays: None. Item 5d A proposed resolution was presented authorizing preparation and submission of application to FAA for Phase II Airport Improvements. City Manager Gerald Fox Y noted on the drawing the proposed improvements to be made. The total estimated cost is $225,000, and the federal grant is expected to be 75 percent of this amount. The City's portion will be budgeted from 1975-76 and 1976-77 funds. r . RESOLUTION NO. 1672 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE REQUEST FOR FEDERAL AID FOR PHASE II OF THE AIRPORT DEVELOPMENT. 1182 Item 5d, cont'd. WHEREAS, the City of Wichita Falls has a need to make certain Phase II im- provements at Municipal Airport, including the expansion of the general aviation ramp, the reconstruction of T-hangar access and taxiway, the reconstruction and/or overlay of hangars 2 and 3 access, and the installation of an electrically operated security fence gate; and, WHEREAS , the approximate cost for such improvements is $225,000.00, of which it is expected that the Federal Aviation Administration will furnish seventy five percent (75%) , being approximately $168,750.00 and the City will furnish twenty five percent (25%) , being approximately $56,250.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to complete and file a request for aid for such grant with the Federal Aviation Administration; the City Manager is further authorized to sign any necessary documents requested to carry out and complete such grant on behalf of the City. Moved by Alderman Garcia that Resolution No. 1672 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. Item 5e A proposed resolution was presented creating a Citizens Traffic Safety Council. This proposal was first submitted to the Traffic Commission on a trial basis, which was not satisfactory. RESOLUTION NO. 1673 CREATING THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: 1. There is hereby created a Citizens Traffic Safety Council which shall be comprised of twelve (12) citizens of the City of Wichita Falls who shall be suggested for appointment by the Mayor and confirmed by the Board of Aldermen. Such members shall be appointed for a period of two year overlapping terms and shall serve with- out pay. 2. Members of the Citizens Traffic Safety Council shall be appointed as rep- resenting, but not necessarily limited to, the following areas of interest: a. News Media b. Automotive Industry, including dealers, insurance agencies, auto clubs, transportation firms, etc. C. Educators d. Military or federal civil service e. Civic organizations f. Minority groups g. Other professions, legal, accounting, advertising, medical, etc. 3. The Citizens Traffic Safety Council shall act as a citizens support group in an advisory capacity only, to the Traffic Safety Coordinator and shall have the following duties : a. Assist the Traffic Safety Coordinator in the development and implementa- tion of a "Comprehensive Traffic Safety Plan," for the City of Wichita Falls. The developr.ient of which will be guided by Standards 301 through 316 as established by the National Highway Safety Bureau, and the Governor's Office of Traffic Safety. Additionally, any specific local needs not covered by the Standards should be considered and included where applicable in the Comprehensive Traffic Safety Plan. b. Assist the Traffic Safety Coordinator as necessary in the development implementaion, and monitoring the effectiveness of, individual Traffic 1183 Item 5e, cont 'd. Safety Programs within the City of Wichita Falls. Such programs may include, as applicable, but not be limited to, Standards 301-316 as set forth by the National Highway Safety Bureau. C. Recommend to the Traffic Safety Coordinator any Problem areas relating to Traffic Safety so they may be coordinated with Public Officials, or Commissions as necessary. d. In all matters of Traffic Safety act as a public support group to the Traffic Safety Coordinator with a goal of establishing Traffic Safety Programs, utilizing input, as the occasion warrants, from all muni- cipal sources , and the Governor's Office of Traffic Safety. 4. The Traffic Safety Coordinator will act as advisor to the. Citizens Traffic Council and will coordinate its findings and suggestions with Public Officials as necessary. 5. The Council shall adopt such rules and regulations governing its proceedings as it may deem proper, including the time and place of meetings, and the election of a Chairman and Vice-Chairman each to serve one a year term from the date of election. Seven of the appointed members shall constitute a quorum. 6. City Professional Staff shall be appointed as ex-offico members and shall act in the capacity of advisors and shall not have voting rights . Moved by Alderman Garcia that Resolution No. 1673 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays: None. Appointments were recommended as follows to the Traffic Safety Council by Mayor Pro tem Boyd. a. J. Dale Terry - 2-year term to expire June 10, 1977 b. Charles C. Howard - 2-year term to expire June 10, 1977 c. Lee Lucas - 2-year term to expire June 10, 1977 d. Bob Myers - 2-year term to expire June 10, 1977 e. Harvey Coombs - 2-year term to expire .Tune 10, 1977 f. Karen Vandiver - 2-year term to expire June 10, 1977 g. James Esther - 1-year term to expire June 10, 1976 h. Lt. Col. Paul Langenbach - 1-year term to expire June 10, 1976 i. woody Gossom - 1-year term to expire June 10, 1976 j. Jerry Hobbs - 1-year term to expire June 10, 1976 k. Peggy Marzano - 1-year term to expire June 10, 1976 1. Louis W. Smith, Jr. - 1-year term to expire June 10, 1976 Moved by Mayor Fro tem Boyd that the appointments be approved as recommended. Motion seconded by Alderman Prothro, and carried unanimously. Item 5f A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1674 RESOLUTION APPROVING UPDATED APPRAISAL OF PROPERTY FOR THE F.W.D.R R. RELOCATION AND AUTHORIZING ITS PURCHASE OR CONDEMNATION. WHEREAS, by the adoption of Resolution No. 1653, the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the property hereinafter described for the relocation of the F.W D.R.R. necessitated by the construction of the Kell Freeway, Project 52-380, and approved the appraised value of such property; and , WHEREAS, the appraisal of such property has now been updated by the indepen- dent appraiser employed by the City of Wichita Falls to reflect present market prices, 1184 ItemSf, cont'd. and this updated appraisal has been approved by the State Highway Department and has been studied by the Board of Aldermen, and a copy of same is now in the pos- session of the Director of Public Works and/or the Assistant City Manager; and, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION NO. 1 It is necessary that the following property be purchased by Warranty Deed for the named project as follows : Kell Freeway, Project 52-380 Warranty Deed 1,584 sq. ft. of Lot 3, Block 16, Barwise and Jalonick Addition Value approved in this resolution ----------------------------------$15,000.00 SECTION NO. 2 The updated value of such property is hereby approved, and the City Manager is hereby authorized to purchase in the name of 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 interest in such tract is the ap- proved value as determined from the updated appraisal (rather than the original appraisal approved by the resolution set out above) made by the independent real estate appraiser employed by the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase such tract for such approved updated value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls . Moved by Alderman Prothro that Resolution No. 1674 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. Item 6a The public hearing was opened on the 1975 Assessment Paving Program. Mrs. Lewis Harbison, 1600 Hayes, stated that she did not see how this would enhance her property in the amount of $900.00. She spoke, also, for Mrs. Nina R. Habern, 1515 Garfield. City Manager Gerald Fox stated that if the objective of the Council adopted ten years ago is to be accomplished, these streets will have to be paved . The public in general is contributing 40 percent of side costs and 20 percent of front foot costs, with the property owner paying 60 and 80 percent respectively. The objective is to pave all unpaved streets in the city. Maintenance costs are reduced, { and the traveling public is benefited as well as the adjacent property owner. He pointed out that protests should not be based on the fact that it has been like that for several years, but that it will not be enhanced in the amount of the assess- ment. Mrs. Harbison inquired if this is compulsory. The City Manager stated that if the Council determines that it will be enhanced, then it is compulsory. Alderman McAlister inquired if a property owner could furnish the proper in- formation at a later time. The City Manager stated that information can be generated and brought back to the Council for an adjustment of rate. The state law says that if anyone is dissatisfied with the decision of the Council, they can appeal to a court, but the appeal must be made within 15 days from the date of the public hearing. The City Manager pointed out that in new subdivisions the subdividers pay the full costs of the streets, which in turn is paid in full by the property owners who purchase lots and homes. R. A. Florida, Jr. , 3117 loth Street, stated that he is not here to protest, but is concerned about the water from the drainage caused by paving it, and fears that water will be turned loose on his property if the other side is not lowered. Ernest Lillard stated that they anticipate no grade problems on this street. i I 1185 Item 6a, cont'd. W. M. Edwards, 3614 Garfield , explained that his property sides on Arizona. Due to proposed park improvements in that area he wonders if priority could be set on this street. The City Manager stated that the work on the park will be coordi- nated with the street. A. C. Reid, 4700 Pasadena, stated he would like to have the back part of his property reassessed. Ernest Lillard noted that if property is subject to being re-subdivided it should be paid for at the front foot cost rate. Mr. Reid has 110 feet past the 150 feet side lot rate, and should be charged at the front foot rate. Mr. Reid has no plans to subdivide it. Alderman Gowan wondered if we could place a lien on his property in case he does subdivide it. He questions whether the property has increased in that amount unless it is subdivided, which he stated he does not plan to do. Ernest Lillard stated that only a portion of it is considered usable for a homesite, and the rest becomes developable property. James Armandarez appeared for his father, Eusebio Armendarez, 1817 Elizabeth. He stated that he is not protesting, but wonders how payment may be accomplished. The City Manager states that he could enter a note with the City for 96 months at 8 percent per year on a monthly basis. It can be done when the work is completed. Herb Smith, 1817 Huff, stated that he is not protesting the paving, but is protesting the timing. His assessment is $1,020 at the side lot rate. No one else desired to be heard. ORDINANCE NO. 2985 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1975 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS RE- DUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2985 be passed. Motion seconded by Alderman Garcia. Alderman Gowan noted that some of the property owners apparently did not know the basis upon which they could protest, and inquired if we could send out some kind of form letter advising them of the conditions under which they can protest in a valid manner. It was pointed out that this can be done. The motion for passage of Ordinance No. 2985 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. Item 6b The public hearing was opened on the 1975 Leave Out Program. No one desired to be heard; however, a letter of protest was read from J. W. Hubbs regarding the paving of Broad Street, stating that it will not help the value of the house. It was noted that this is part of the Assessment Paving Program. ORDINANCE NO. 2986 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF 1186 i Item 6b, cont'd. IMPROVING VARIOUS STREETS DESIGNATED AS THE 1975 LEAVE OUT SECTIONS ASSESS- MENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDER- MEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS- MENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2986 be passed. Motion seconded by Alderman McAlister. Ernest Lillard stated that he had received seven or eight pieces of mail to be entered into the record , and which he would give to the City-Clerk. The motion for passage of Ordinance No. 2986 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. (After the meeting had concluded, the following letters were submitted to the City Clerk: For 1975 Assessment Paving - Ray Hulse, 1616 22nd Street, E. E. Wood, 4th Street, Leon Flake, Bridge Street, and Ray Martin, Duval Street. Against 1975 Assessment Paving - Katherine Spearman, Duval Street, Violette Tredaway, 2504 Denzil Street, Mrs. Mamie E. Bohannon, 906 4th Street, J. R. Shelton, 1401 Bluff Street, and Mrs. H. C. Loudermilk, 4715 Coronado. They were all opposed for finan- cial reasons. Against 1975 Leave Out - Mrs. 1.7. B. Popham, 306 Lee Street, who is opposed for financial reasons.) Item 7a A proposed resolution was presented awarding the contract for the 1975 Seal ✓ Coat Program. RESOLUTION NO. 1675 RESOLUTION AWARDING CONTRACT FOR THE 1975 SEAL COAT PROGRAM TO HEBER BRANTLEY CO. , INC. WHEREAS, the City of Wichita Falls has advertised for bids for performing the 1975 Seal Coat Program; and, WHEREAS, three bids were received, and it is found that the bid of Heber Brantley Company, Inc. in the amount of $29,970.00 is the lowest and best bid and should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid ,of Heber Brantley Company, Inc. , in the amount of $29,970.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Heber Brantley Company, Inc. for the performance of the 1975 Seal Coat Program. Moved by Alderman Garcia that Resolution No. 1675 be passed. Motion seconded by Alderman Gowan. Alderman Prothro questioned whether we should enter into this seal coat pro- gram at all. He mentioned oil coming to the surface on certain streets, and in- quired into the differences between seal coat and overlay. Ernest Lillard stated that the contractor will correct the inferiorities in those streets affected. The motion for passage of Resolution No. 1675 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. i 1187 Item 7b Bids were considered for sanitary sewer improvements in Expressway Village subdivision. It was recommended that the low bid be awarded to Bowles Construction Company, Burkburnett, Texas, in the amount of $47,905 .61. RESOLUTION NO. 1676 RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION CO. FOR CONSTRUCTION OF SANITARY SEWER FACILITIES TO SERVE EXPRESSWAY VILLAGE SUBDIVISION. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of sanitary sewer facilities to serve Expressway Village; and, WHEREAS, seven (7) bids were received, and it is found that the low base bid of Bowles Construction Co. in the amount of $47,905.61 is the lowest and best bid; and, WHEREAS, the City of Wichita Falls has agreed to pay the purchase price and installation cost of the lift station plus engineering fee of eight percent (8%) of the construction cost of the lift station; the balance due to the contractor, and the balance of the engineering fee, shall be paid by the developer. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Said bid of Bowles Construction Co. in the amount of $47,905.61 is hereby accepted, and the City Manager is authorized to execute for the. City of Wichita Falls a contract with Bowles Construction Co. for the construction of such im provements ; said contract shall provide that the City of Wichita Falls shall be paid by the developer; no work order shall be issued until the developer has deposited his share of the contract amount with the City. Moved by Alderman Prothro that Resolution No. 1676 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. Item 7c Bids were considered on wrought iron fence for Rosemont Cemetery. Lake Road TJelding submitted the only bid. 1' RESOLUTION NO. 1677 y RESOLUTION AWARDING CONTRACT TO LAKE ROAD WELDING CO. , INC. FOR CONSTRUCTION OF WROUGHT IRON FENCE AT ROSEM'ONT CEMETERY. WHEREAS, the City of Wichita Falls has advertised for bids for the construc- tion of a wrought iron fence at Rosemont Cemetery; and, WHEREAS, only one bid was received, this being the bid of Lake Road Welding Co. , Inc. in the amount of $11,349.20, including alternate Item 3, and it is found that this is a good and reasonable bid and that it should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Lake Road Welding Co. , Inc. in the amount of $11,349.20, includ- ing alternate Item 3, is hereby accepted, and the City Manager is authorized to execute for the City of i.Tichita Falls a contract with Lake Road Welding Co. , Inc. for the construction of such improvement. Moved by Alderman Prothro that Resolution No. 1677 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : None. 1188 1 Item 7d Bids were considered on asbestos cement pipe for Water Distribution Department. It was recommended that the low bid be awarded to Bailey Meissner Company, Wichita Falls, in the amount of $17,409.97. Moved by Alderman Prothro that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. Item 7e Bids were considered on an estimated annual supply of 160,000 pounds of fluo- ride for Water Purification Department. It was recommended that the low bid be awarded to Chemtech Corporation, St. Louis, Missouri, in the amount of $67.92 per y ton, or $5,433.60. Moved by Alderman Gowan that the bid be awarded as recommended. Motion seconded by Alderman Prothro, and carried unanimously. j Item 7f Bids were considered on three sewage pumps for Lift Station No. 18 for Sanitary Sewer Department. Only one bid was received. This was to be expected due to the type of system which we have. It was recommended that the bid be awarded to South- ern Engine and Pump Company, Dallas, in the amount of $4,398.00. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Prothro, and carried unanimously. Item 8a Permission was requested to advertise for bids for an estimated annual supply of 350 tons of liquid chlorine. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. Item 8b Permission was requested to advertise for bids for replacement of boiler for Health Unit, with an alternate bid for repair of the present one. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderman Gowan, and carried unanimously. d Item 9 Moved by Alderman Prothro that minutes of the meetings of the following boards and commissions be received: a. Park Board - May 27, 1975 b. Planning 3oard - May 14, 1975 c. Library Board - May 14, 1975 d. Bicentennial Commission - May 20, 1975 e. Mayor's Commission on Status of Women - May 14, 1975 f. Aviation Advisory Board - May 27, 1975 Motion seconded by Alderman Gowan. Alderman McAlister called attention to the security inspection mentioned in the Aviation Advisory Board meeting. City Manager Gerald Fox explained that the necessary corrections have been made. The motion was carried unanimously. 1189 i Item 10a !f Permission was requested to employ a consulting engineer for the East Side sanitary sewer project. RESOLUTION NO. 1678 RESOLUTION AUTHORIZING EMPLOYMENT OF CONSULTING ENGINEER FOR SANITARY SEWER IMPROVEMENTS FOR EAST SIDE. WHEREAS, money has been appropriated from Revenue Sharing Funds for the construction of sanitary sewer improvements for East Side of Wichita Falls, which improvements will expand the collection system from the existing system which was installed in early 1971. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS , THAT: The City Manager is hereby authorized to execute a contract with the consult- ing firm of Corlett, Gray and Probst under which they shall prepare plans and specifications for such improvements; the fee for such consulting engineers will be based on a percentage of the cost of construction as provided in the 1972 TSPE Manual for General Engineering Services. Moved by Alderman Prothro that Resolution No. 1678 be passed. Motion seconded by Alderman Garcia. Alderman Gowan inquired what the fee will be. The City Manager stated that it depends on the total cost. Joe Smith noted that it would be from 71-2 to 7 3/4 percent of the total. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, 4nd Prothro Nays : None. Item 10b Moved by Alderman Prothro that a public hearing be held on July 8, 1975 on demolition of hazardous structures . Motion seconded by Alderman Gowan, and carried unanimously. Item 10c The Bicentennial Commission requested travel expenses in the amount of $48.80, plus $10.00 in annual dues to send Mrs. Robin King to the eighth annual meeting of the Beautify Texas Council and Governor's Community Achievement Awards Program. Wichita Falls applied for beautification awards ; however, we were not selected. Moved by Alderman Garcia that this expenditure be authorized. Motion seconded by Alderman Prothro, and carried unanimously. Item 10d Appointments were considered to the Housing Authority Board. Due to the nature of this particular Board, it was recommended that two of the present members be r reappointed for two-year terms, even though they have served in excess of six years. Alderman Prothro stated that he is opposed to appointing anyone which would violate the policy previously adopted by the Council. Moved by Alderman Gowan that Pete Estes, Dick Waggoner, and Ray Clymer be appointed as new members to the Housing Authority Board, subject to acceptance, for two-year terms to expire June 12, 1977. Motion seconded by Alderman Prothro, and carried unanimously. 1190 Alderman McAlister inquired if we need to set up a procedure for persons addressing the Board of Aldermen to appear before the regular business? The con- sensus was that something will be prepared. Item 10e Alderman Prothro reported on the progress of the swimming pool committee re- garding selection of an architect. Certain information has been requested from various architects with a deadline of June 25 for receiving the information. The following firms were contacted: Joe B. Roberts, Dixon-Staley and Associates, Pardue, Read, and Dice, Charles Harper Associates, Killibrew, Rucker, and Associates, Lock- wood Green Engineers , Inc. , and Donus Ricks and Associates. Information was re- quested on a 25 yard by 25 meter indoor-outdoor type facility. Alderman McAlister suggested that we should consider an alternative of a 50 meter by 25 yard facility for submission to the architects. Alderman Garcia read a statement, pointing out that he is not opposed to swimming pools, but is in favor of not one, but several pools, He is not in favor of the location at Rider High. It is too far away to be practical. Other pools are already located in that area. He proposed that two olympic size pools be built in strategic locations in the City. The citizens are concerned about the expenditure of these funds at one pool. He suggested that perhaps the citizens could decide the issue by a vote. Alderman Gowan stated that Plano was called in regard to their pool. A bond issue was passed for construction of it. For a 25 meter indoor-outdoor pool, costs and completion dates are as follows: a. 1975 Completion - $539,000 b. 1976 Completion - $620,000 C. 1977 Completion - $713,000 For a 50 meter outdoor pool, including parking and improvements, costs are as follows - a. 1975 Completion - $533 ,000 b. 1976 Completion - $613,000 C. 1977 Completion - $705,000 John Copeland stated that he opposes the pool for three reasons: (1) It shows a lack of fiscal responsibility on the part of the Council members. Other items such as flooding, streets, and a_deteriorating- downtown need attention. He stated that we do not need another swimming pool to teach children to swim. (2) A lack of responsiveness of the Council members to a majority of the people, and (3) this proposal is fundamentally unfair to a majority of the citizens of Wichita Falls. He feels it is unfair to students at Hirschi and Wichita Falls. High Schools, and he does not believe they are acting responsibly to the citizens of this city. Alderman McAlister inquired where Mr. Copeland lives, and if he is speaking for anyone else. He stated that he lives on Garfield Street, and that he is speaking for himself. He hopes he may represent others. James Williams, 828 Elwood, stated that he is not against swimming pools, but against appropriations in the amount of $650,000 for one pool. He believes that $125,000 for an outdoor pool, with revenue sharing funds, would be sufficient. He mentioned other areas that need attention such as flooding, run down buildings , and mosquitoes. He feels that the Board of Aldermen should listen to the majority of the people. Alderman McAlister inquired of the City Manager. as to percentages of correspond- ence for and against the pool issue. Mr. Fox stated that it had been about 2/3 opposed, 1/3 in favor at first, but now has changed to about 60-40%. Mrs. Felix Golus, 4 Valentia Court, stated that she is opposed to this pool. She asked if it is possible to have a vote on the pool? Are they afraid for the people to have a vote: Do they know more than the citizens what they want? Tommy Isbell stated that he has been associated with athletic programs for over 30 years . He commended Coach Golding for saying that we do have a problem in the swimming program. He gave a history of the swimming program, stating that it was moved to Midwestern University due to lack of dressing room facilities at the Boys Club. The program has increased from 22 swimmers in 1966 to 125 in 1974-75. He stated that it is difficult to invite other schools to Wichita Falls to swim with the facilities we now have. A competitive high school swimming program started in 1955 . The problem is that we do not have a place to work out or hold swim 1191 Item 10e, cont'd. meets. They are now practicing at Sheppard Air Force Base 's 50 meter Olympic size pool. He stated that we have recreation pools, but we are talking about a competitive facility. You cannot take a recreational pool and make a competitve facility out of it. An olympic size pool can be utilized for other purposes. Alderman Garcia asked how many of the out of town pools are indoor-outdoor? Mr. Isbell stated that most are inside. SMU has a heated outdoor pool. Midland has a 25 yard indoor pool. Waco has a 25 yard and 50 meter outside pool. Alderman Garcia inquired if two heated 50 meter pools could be built, would it be possible to use the facilities at Midwestern University9 If we had three pools then they could have more students in training. Alderman McAlister in- quired if Mr. Isbell is a spokesman for himself or the school system? Mr. Isbell stated that he is speaking for himself and interested parents with swimmers. Alderman McAlister inquired of Mr. Isbell, in his opinion, does the City of Wichita Falls need more than one olympic size pool? Mr. Isbell replied that we could start with one which can be used for both competitive and recreational purposes. He pointed out that all Midwestern University students who are involved in aquatics use the swimming pool. City Manager Gerald Fox noted that if the primary emphasis is for the school's use, what justification does the City have for being involved in this? Why not appear at the school board meetings requesting these facilities? Mr. Isbell stated that the City is involved in swimming facilities at Lucy Park. Alderman Garcia asked why the school has not taken any action on this? Mr. Isbell stated that it is strictly a matter of money. Alderman Gowan asked which he would prefer, a 25 meter pool at Rider High School or a 50 meter heated pool at Rider High School or Kiwanis Park? Mr. Isbell stated that he would prefer the 50 meter pool. Alder- man Prothro questioned how many months of the year could competitive meets be held, and how many months could it be used for recreational purposes with a 50 meter outdoor pool? Sally Knobel requested support for a City-School indoor-outdoor pool. She stated that Lucy Park is limited to three months. Every other pool in Wichita Falls requires membership to use its facilities. She stated that she is concerned about this community's lack of organized water safety program. She mentioned several proposed uses of the pool. Jean Brock stated that she came here in 1946 as the physical education director of the YWCA. She mentioned tennis courts and track fields built by the school which are available to the public. She feels that a joint swimming pool project could be furnished by the City and made available to the school system. Mrs. Cliff Deaton, 2315 Roberts, stated that she has taught swimming and life saving classes for over 50 years. She is not speaking for the Red Cross, but as a person interested in our community. She believes that swimming programs dis- courage delinquency. She stated that she realizes that $650,000 is a lot of money, but this facility would provide everything that we need. A bubble would cost $65,000 and only last ten years. She stated that this proposal began when the Bicentennial Committee invited Dr. Williamson to attend a meeting, feeling that if we had their cooperation it would not be such a financial burden on the City. She posed the question of how much more is it worth to have several hundred people involved in swimming than for old folks to have a $200,000 senior citizens center? She stated that this would not solve all of our problems , but it would be a beginning. Harold J. Hardesty, 1603 Christine, stated that he has lived here since 1948, and that he has worked the Red Cross , YMCA, and YWCA in swimming programs. We need this pool designed for handicapped persons and children. He visions this pool to be used for recreational and competitive purposes when needed. A 50 meter pool would be most desirable. Peggy Leugemors appeared as an interested parent, stating that the YWCA and YMCA are not adequate. An unidentified man stated that a covered pool was necessary, and a 50 meter pool desirable. He feels that the recommendations of the school and city officials should be followed. He would prefer a 25 yard covered pool in preference to a 50 meter outdoor pool. He feels that with busing all students would have an opportunity to share the pool. Fred Smith, 5312 Montreal, stated that he is an elementary principal. The number one priority is for the children of Wichita Falls. Parents can transport children to a pool in cars, as they would to Midwestern University. 1192 Item 10e, cont'd. Tommy Tate, 4610 Alamo, appeared as the swim coach for the public schools and the Wichita Falls Aquatic Club. He feels that a lot of different types of programs can be accomplished with a 50 meter pool. He feels that the swimming program should be extended to elementary schools. Alderman Garcia inquired if one pool would be enough for all schools? Mr. Tate stated that with scheduling it could be a possibility. He would go along with a 25 yard by 50 meter uncovered pool first. During the summer they could get a lot more programs going. For competitive purposes the 50 meter pool would be most beneficial. Mayor Pro tem Boyd suggested that nothing be done today until all of the members of the Board of Aldermen could be present, as well as waiting for the architect's report. He suggested that it be placed on the agenda at the next meeting. Alderman Gowan requested that the architects also furnish us with in- formation on a 50 meter by 25 yard outdoor heated pool. Alderman McAlister noted that he had received nine responses for the pool and one against. Alderman Gowan stated that he had received 17 c al is and seven letters for, and 44 calls and 24 letters against the pool. He stated that he feels that most people who wrote or called him felt that he was opposed to the pool. Alderman McAlister felt that same reasoning would also hold true for the responses he received. Alderman Boyd stated that his correspondence has been about half and half. Alderman Garcia stated that his correspondence is in favor of a swimming pool, but not the type mentioned. He further stated that he is not against swimming pools, but would like to get as many citizens involved and participating as possible. James Sligar, 555 Sligar Road, stated that it seemed as if Alderman Gowan is pushing an outdoor pool. Alderman Gowan stated that he does not personally feel at this time that an indoor covered pool serves the citizens, but only the school, and that should be their responsibility. He is trying to explore every alternative before he votes for or against it. Mr. Sligar mentioned the cost of a bubble. Alderman Gowan stated that he is not in favor of a bubble. r ,i Alderman Boyd mentioned reports of Wichita General Hospital. He feels the Board of Aldermen should request that the information should be furnished to the City Manager. Any information to be made available to the Board of Aldermen should Y be presented to the City Manager for his distribution to them. The Board of Aldermen were in agreement on this matter. Alderman Boyd also mentioned the Southwestern Bell Telephone's annual re- port and Texas Electric Company's fuel adjustments. He stated that he believes f� the Board of Aldermen should review this ordinance on automatic pass through charges. He requested the City Attorney to research this matter and supply the Board of Aldermen with options which we may have. Alderman Gowan stated that he also has some questions in respect to this. r / Mayor Pro tem Boyd announced that the Board of Aldermen will hold a closed session with the City Attorney pertaining to litigation. No action is anticipated. Moved by Alderman Prothro that the meeting be adjourned. Motion seconded by Alderman Gowan, and carried unanimously. The Board of Aldermen adjourned at 12 :55 P.M. PASSED AND APPROVED this day of , 1975. ATTEST: Mayor City Clerk