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Min 09/16/1975 1239 Wichita Falls, Texas Memorial Auditorium Building September 16, 75 It met in regular The Board of Aldermen of the City of Wichita Falls, Texas , above date in the Council Room of tresentMemorial Auditorium Building session on the at 9:00 o'clock A.M. , with the following p members Mayor Pro tem J. C. Boyd, Jr. Hardy McAlister Guillermo Garcia Aldermen Bill E. Gowan Joe N. Prothro Peggy McCullough Gerald Fox City Manager H. p. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk Absent Max Kruger d called the meeting to order, requesting silent prayer for Mayor Pro tem Boy of Mayor Kruger, who is spending his eleventh the rapid and complete recovery day in coronary care. Item? held September 2, 1975 ) Moved by Alderman Gowan that minutes of the meeting be approved. Alderwoman McCullough, and carried unanimously. Motion seconded by — 1 { i item a an to again held on the request of Coca Cola Discussion was k 226, original Bottling Company Town. permit construction of a building over an easement in Bloc representative David Tate, attorney in the Hamilton Building, appeared as the rep � Bottling Company. He stated that this is a situation plansin ich an alley toconstruct Of Coca Cola B Company made P would could get a building permit they was closed in 1967. Recently the Coca Cola Bottling provisions of the ord- a facility across that alley. Before they could to the easement p need approval of the City Council in regard t are prepared to pay for the cost of relocation of the utilities. inance. They gates , and most of the use has been by has been closed at night and weekends b ga the opposition of Mr. Rivkin is simply Company. They an complaint which Coca Cola Bottling parties, and they are prepared to take up Y a dispute by private he may address tothem. McCullough inquired if coca Cola was aYobablyare adidhknowl about ey sitlosed Alderwoman why was per in 1967? Mr. Tate stated that he imagined that eyaware of it, Y Mr, Tate stated Alderwoman McCullough further inquired if they requested in July of this year to build a structure over the alley. that he felt it was for utility purposes. appeared representing Dan Rivkin. He presented the attorney, PP He stated that this alley has never Walter Friberg, proceedings. access would take chronololigical order of these P which if leased, the been placed on the tax roll. HeohaspaivacancyRinkone building away a very valuable rig e would want rear access. If this iso allowed d takeoawaypMrmiRivkint a tsarighttion in lessee passed by mistake. This which ordinance was P opinion the ordinance could e and give it to Coca Cola. He stated that in his legally revoked. Manager Gerald Fox confirm ed that commbutifro deliveries of the solid thecommercial City lace from the alley, collection have not taken p 1240 Item 3a, cont 'd. buildings. There is a house located between the commercial buildings Alderman Prothro inquired if the and the alley, permission to fence the alley? Property owners had to come to the City for with a gate, or would they have to°closehtheey gwholerant pallession to close the alley that it would take something more than a motion, Y• The City Attorney if all property owners have to agree to closingofAtheralley?man The yCityhro also Attorney stated that they would, It was pointed out b in the agenda folder refers was the closing of the alley bgatesThe City Attorney y Alderwoman McCullough that the letter ante. She stated that there seems to be a disagreement between the d not b concerning the understanding of what is meant by closing the alley, Y ordin- ance. involved Mr. Tate stated that he feels it would be a mistake for the Council to tr reconstruct what happened before closing the alley in 1967. the Council could revoke an ordinance which was presumed to be legallypassed Y to earlier without compensation. He does not feel that vested b He further stated that where rights y virtue of the Council 's action, he feels there is ar serious question vof whether the Council could rescind the ordinance. property rights have vested here. The Council also Mhas r. Fthe eright rg atod revoke that na ordinance on the books unless it affects the rights of a Cola has not exercised an any y right. Property owner. Coca the alley. Mr. Tate stated that the eonly ruse rmade ty tofh this at lalley me thas eb to close Cola. He feels the crux of the matter is that Mr. and does not intend to use it, been by Coca Mr. Rivkin is negotiating with nCoca sCola hfor lthe � sale of his property. He wants to put a premium this matter. Mr. Friberg stated that Coca Cola wanted lto property purchaseb Rivkin's property for expansion. part o protesting P f Mr. Alderman Boyd inquired what recommendation the City this Board. The City Attorney stated that there is no Pat tanswer totorney uthis This Citygive to Council has authority to close any street or alley when it is in the Public interest to do so and it is agreeable with the they are not in agreement, they can enjoin the closingJofnit. Possible to know what the facts are.,. then it is impossible toeta property owners. If Mr. White could have enjoined the closing of the alley, b Since it n ier know hi was being closed, g Pat answer. owners do not know it is being closed,Cithe°wouldses nassume 'i alley f werendttheeabutbin ly he did not g property court and Mr. Rivkin's predessor did not know it was beingw closed, ihe°would1re- quest that the ordinance be revoked. He commented on the statute of limitations He further stated that there is no information which Cola would probably presume in court that the ordinance vwas es ubinding s an sand •val ' . and they were agreeable to the closing of the alley. Coca for this t id type of thing, One alternative is to take.noT action sand let athem fight it out. Another alternative is to look at the documentation and conc no lude that precedent adjoining property owners did not agree to the closing, e that the property rights have vested because it was closed in errora determine that no probably ask for compensation. Coca Cola could Moved by Alderwoman McCullough that the proposed ordinance Permitting construc- tion of a building over a closed alley be tabled indefinitely. Motion seconded by Alderman Garcia. Alderman McAlister inquired what is the difference in taking no action and tabling this ordinance? It was pointed out that no action could be taken 'u on this ordinance and not the entire matter. not know the answer t Y• Alderman: erman McAlister stated it would have o it specifically. The City Attorney stated thatJhetdid to be taken up again in exactly the same form it was tabled. what alternatives they parties involved have. He also inquired Pointed out that we have a closed alley, but one whichtheygcannoer t build over no action is taken, Y Y Attorney be required of the Cityetowbuildrovernanhalleyere hey are right now, if g A waiver would Earl Denny, Manager of Coca Cola Bottling Company, stated that as far as moving the utilities which would need to be done, they have agreed to this. permission which they need to get from this council is to move these utiliti The es,and once it is done they will be able to get the buildin that they need this buildin e e Y g permit. He stated Alderwoman McCullough inquired ifthereiseno other way ofthe all g a buildinerectin for aey number years. ng 1241 Item 3a, cont'd• Mr. Denny stated if they do not connect the other than building over the alley. which would be a disadvantage 0 out in the ice, asking the City to move buildings the forklifts would have to g are only to them. They need to cover it building u the g. If•thereyis a disagreement with Mr. to with them and not involve this body. purchase his the easements and construct the buil ing. Rivkin it seems he should take it up opinion they have been very generous in their offers to Mr. Rivkin to p P property. as carried by the following vote: The motion to table w Ayes: Aldermen Garcia, Prothro, and McCullough Nays: Aldermen McAlister and Boyd• ate in the discussion be- Alderman Gowan stated that he did not vote or particip cause a member of his law firm is involved. an ordinance for h requested the City Manager to prepare Alderwoman McCulloug eal of ordinance No. 2mee Alwouldnberacceptable the next meeting authorizing rep given, but that the next meeting various alter- that public notice should be to prepare ordinances determining to him. The City Attorneyagreed natives. Item 3b (peti tion from Jack Helmcamp regarding disannexation) was withdrawn from the agenda. item 3c ern Bell Telephone Company. $e noted that Carlin Brandt appeared for Southwest Clerk's office an application for a rate increase in costs which they have experienc , he had filed with the City ed and the Wichita Falls. He mentioned rising bent service available. They are made our customers accessib made for Wichita Falls customers. Te addition of these ,services improvemen ts have le to the finest equipment also proposing some increases in service. hro that the rate request be submitted to the staff for Moved by Alderman Prot Council within 60 days. analysis , and brought back to the Cou Motion sec onded by Alderwoman McCullough, and carried unanimously. from the Communication Alde rman Boyd noted that he had received two leters Workers of America, and submitted them for consideration. to the rate request by Southwestern Bell. I. Ginnings spoke- in oppositioner etuates strikes , wage settlement, J' ranting increases it p P them back for It was his belief that by g would come to etc. It should . considered iuitment,ghe cannottbelieveathatbtheye mentioned a dial another increase. Regarding w P H the Council to request rates which would finance this nequipment. "le units which still was not available.inTh9s4wouldtbeosubjectntoould system on mobs year. He cited his r marksiness as an example. Some oil leases be a function of the book value or fair mar et va to determine his depreciation each y but he looks at the whole thing are profitable and some are not, are arbitrarily entitled to a specific rate of return. He does not believe they cycle in Wichita Falls . of return for Wichita Falls. He would dthe inflationaryyucyll to take into b rate consideration some things which perpetuate referring to a message Let's ask that productivity be increased. He closed by Chairman Burns pertaining to labor costs. a telephone calls from Alderman McAlister mentioned the proposal to increase p y oppose to this increase. He public service. Twenty cents will work a hardship ten cents to twenty cents. He stated that he is feels that pay telephones are a P to Mr. Fox's note that in 1976 these requested on those who use those facilities. Referring light of what the telephone company in the matters will be handled by the new State Public Utilities Commission, ere that the staff look at this request y a state utilities commission would have done — — — Item 3d state law from participating or Alderman Prothro noted that he is prohibited by � { voting in the matters to be discussed under this item. l 1242 Item 3d cont 'd. Bids were considered on the depository,contract. City National Bank, stated that money management has beenraldiJonesltPresident of They have attempted in their bid to give this council some grading of bonds by setting a seven percent rate or one-half problem. protection in the down- grading the bill rate. They have offered a savings account, percentage would g point get interest from the day it is put in until the day itOnis savings, othe ut byity drawing the maximum interest available. drawn Dick Waggoner, President, and Caven Crosnoe, Attorney, Mr. Crosnoe stated that contrary to the recommendationaofe Square State Bank. the Director of Finance, he believes that Parker Square has the superior bid. Square believes that their bid is clearly favorable on interest rates, and t there is no essential. difference on securities and deposits. Parker deposit under $100,000 are federallythat P Certificates of state that they will a regulated, City National Bank does not that the would, pay the maximum of 7. 75 percent, but Parker Square stated Y He mentioned the treasury bill rate and how it can be affected over the next three years. They will show that Parker Square is the best bid in any of the three situations; steady, falling, or rising rates, where City National 's variable rate is above Parker Square is if itTfallslbelow 6z percent. He showed various charts which indicated under given circumstancesY place that Parker Square Bank would pay more than City a savings account was not specifically mentioned becauseltheykhave a policy of providing five He noted that percent interest to all their customers, which would include the City. He believes that their analysis clearly shows that their bid is best. the Council looks at the numbers they are confident that they will award th bid to Parker Square State Bank. If e Alderman McAlister inquired of Mr. Crosnoe concerning It was pointed out: that some services mentioned are not listed separately, bu they are on the bid form. additional services. Alderman Gowan mentioned risingrates, rt stated that if variable rates go down it will have to, go below six per Crosnoe City National 's bid will be better, percent before Ronnie Wood, Director of Finance, stated that with City National ' participate up to or beyond the 8z percent,year was 6 3/4 percent. Our average rate of return thisWlast n p - Alderman Gowan inquired if Mr. Wood had compiled the new figures which Parker Square and City happened to us over the past two years if we had takeneeitherobisee d? what would have done this. This might determine whether we would want to take a He had not National have gamble with variable rates or go with a steady rate. Harold Jones stated that you either have to take a variable or constant rate. He mentioned the savings which they now offer makes the finance officer more f to make more money on savings which they were not eligible to make on C. D. s stated that the have flexible Y �e adequate equipment and trained personnel to provide the•C He ity's service. Caven Crosnoe mentioned the emphasis which is being paid on savings accounts stating that Parker,Square State Bank anticipates paying the same rate of interest to the City as they would to any other customer, g ounts, Alderman McAlister inquired of Ronnie Wood if he had checked into the ties of Parker Square State Bank. Alderman Gowan stated that he felt this was no capabili- a proper matter to be discussing at this time. t Mr. Wood stated that it a It should have been in the bid. bid. appears that both banks have the facilities to back up their Jack Jeffus, City National Bank, mentioned several items which the b' Parker Square did not: bid. After going over the items it was determined that Parker Square did in fact: bid most of them. Y id that account. Alderman Gowan noted that the bid form didtnotitems concerned a savings Parker Square State Bank, pointed out a require it. Dick Waggoner, the normal services provided. Paragraph which did include it as parggofer, specifically on the bid form thenethetservicesrcouldechange.that since it was not stated Ronnie Wood stated that he is extremely pleased that we received more than one bid. Competition adds something to the process. market analyst. Beim p He stated that he is not a money to the City, €� allowed to participate in higher rates would be advantageous 1243 Item 3d cont'd. able institutions are cap Alderman McAlister stated that he feels both banking greatest return o handle the City's business. He felt we do not now have sufficient and willing t provide the g arisons to information to make a decision as to which bank can p He stated that because of the wide 0 n money deposited. We should takehmoneyee alternatives and make c enhanced. A past two years , this position is e see which would have made us the most over the .next variations in the rates within the p sttw insight into what would happen comparison of these would be a g two years. y. But it is not Alderman Boyd stated that he have thefelt ssame is eamountsofcmoneyal uanvested at the worth anything because we may not Manager asked for director of same given times as in the past two years. The City nest basic bids, and the Council in this statistical at ter. be consi e note that we reqdered, anything else that. they want s account was Jack Jeffus stated that the City had been notified that a saving available. Ronnie Wood confirmed this, but stated that we have not taken advantage of it up to now. h that we defer passage of this resolution until Moved by Alderwoman McCulloug ceives th reqnested. after the Council re e information from the staff, as would base their decision I he is ears in the history of the economy. Harold Jones stated tare theamosteabnormal d that hy Counci on the past two years , ens to be the very reason he wants this informa- Alderman McAlister stated tecialat this meeting date for Tuesday, September 23, 1975, at 10:00 tion. The council set a sP provided in advance. A.M. Alderman McAlister requested that this information (Alderman Prothro Motion seconded by Alderman Gowan, and carried unanimously- did not vote) . computation, and he Caven Crosnoe requested a copy of the information used for would like to receive it in advance of the meeting. called at 11:55 A.M. , and the meeting resumed at 12:05 P.M. A ten-minute recess was c — / item 3e resented off-street parking � Transportation, p provided Ed Ilschner, Director of Traffic and ee osals were presented and he p king lots , one on the north end and one lot proposals for Martih.PlHeafeels•that rtwo par p ark. Off-street parking, or cost break down for eac for all of the p problem. Alder- on the south end, would enduce more usage is the only solution to this p parking, ark space. complete elimination of one-street p the parking lot to utilize less p woman McCullough suggested relocating stated that she feels one parking area would be better if it Mrs. Aurora Bowling ordinance in the parks, and enforce- is not split. She voiced approval of a no-drinking ment of existing laws , especially curfew. lacing the parking area 2020 Ellingham, opposes the emphasis on p parking lot. Ralph Hines, Jr. , art of the park. He would be agreeable to an interna on the Northeast p enough room on the east side. An internal lot perhaps He questioned wheasefarhsouthere s and east as possible. He stated that he felt the no- should be p old. drinking suggestion would be g to not be allowed in Scotland, and Hamilton Parks. City Attorney H. P. Hodge stated Alderman Garcia state that he would like for drinking Martin Plaza, Brarea , legal precedence to go by. that this is an area where he does not have any lot on the Northeast end could be parking parking lot Ed Ilschner stated that AlderwomaneMcCullough. He suggested that the P constructed as suggested by nested Mr. Ilschner to prepare of a parking lot on the east side and as far south co st smaller than for 26 vehicles. Alderman Prothro re for the Council a schematic drawingd an but keeping it north of the lake. He lacedeto scaleuintancost overviewdof the as possible, the lot be on contractor's cost. r Hedesired tnext regularpcouncil meeting. park, and- that it be P _ nking in arks, and also of Alderman Prothro inquired concerning enforcemelished. The City Attorney was curfew. Paul Yeager stated that it could be accomp 1244 Item 3e, cont 'd. instructed to prepare an ordinance which would beverages in city parks, and listingProhibit consumptio thos n of alcoholic e parks which would be in violation. Item 3f The removal of parking meters on those establishments which they contact0ed, andhio etheiret scommentsed. had stated to MY•, Ed Ilschner noted clients receive fromsthisrlth t the off-street on it. Mr. Jackson that he believes parking meters are essential parking is the only revenue his He was not in favor of it. Mr. Ilschner stated for orderly parking of vehicles. Mrs. Ann Voyles appeared in favor of retaining the that she would like to retain all her em to ees. who work downtown are the ones who use the arkin AlmostpaltogethereYthestating y keep an eye on things, P S lots. Her employees helppeople g and they stay off welfare. Mr. Ilschner stated that if there is a viable business in the area m should be retained in those places, but recommended removal in other a stated that it would cost just under $1,000 to convert to 10-hour meters meters Street. Alderman Prothro stated that he sympathizes with Mrs, re as. He Council has the r on Ohio responsibility of keeping the downtown viable. Voyles, but the i ORDINANCE NO. 3006 AN ORDINANCE AMENDING PARAGRAPH (a) SECTION 29-148 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, DELETING CERTAIN PARKING METER ZONES, AND DECLARING' AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 3006 be passed. Motion seconded by Alderwoman McCullough,g and carried by the following vote: Ayes : Aldermen McAlister, Gowan, Prothro, and McCullough Nays : Alderman Garcia. Item 6g - - _' - - - - _ _ —__ / Stewart Bachman appeared concerning the request of the Children's Aid Society Of West Texas Inc. to allow theproceeds from the sale of the old Fowler Home to be applied to the general funds of the Society to the building itself. He stated that they have, adequatet funding tfor tthe them Children's Aid Society home. The new facility is anticipated to be com mid December. new pleted by RESOLUTION NO. 1712 RESOLUTION AUTHORIZING CHILDREN'S AID SOCIETY OF WEST TEXAS INC PROCEEDS FROM FOWLER HOME FOR GENERAL PURPOSES. TO USE WHEREAS, on June 22, 1949, the Cityof Aid Society of West Texas Wichita Falls leased to the Children's for a term of 99 Inc, the property on which the Fowler Home is located years, which lease was enlarged by an amendment dated September 11, 1957; and, WHEREAS, by Resolution No. 1464 dated September 18, 1973, the Board of Alder- men authorized the execution of a deed conveying such so that such er- property could be sold b property to said Society, a new facility on a new site. y the Society and the are not facility used n the Society,The deed provided that, in the oevent such ceeds proceeds fe and recover the title to the property tso conveyedhe City ; and, the right to reenter WHEREAS, the new facility is now under construction, and is expected to be completed about November; however, the old Fowler Home has not been sold a the Society may be unable to sell it until after completion and f the construction costs for the new facilit � and has requested that the Cityy• Under these circumstancesmetheoSociety release its right to reenter and recover the title to such property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1245 Item 6g, cont'd. to reenter and recover the title to the property on wished; when The right of the City lied d b the Society, the proceeds therefrom may applied which the Fowler Home is now located is hereby released and extinguished; the old general fFowler �ndsiofsthe Society. me to the g asked. Moved by Alderwoman McCullough that Resolution No. 1712 be p Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. item Tans and authority to advertise for bids for construction of the Approval of p nested. Mrs. Frances Wall, Executive Director, ated Senior Citizens Center was requested. that they have reviewed the p ranted. Moved by Alderman Prothro that the request to advertise for bids be g and carried unanimously. Motion seconded by Alderwoman McCullough,_ — _ eared concerning certain problems a Mrs. Mary Parham, 1500 Grandview West, PP article. She stated that the pointed out that the streets are not dedicated in the City View area. She referred to a newspaperle out there are a mosquitoes have been sprayed. It was p She stated that she out there. She steSedhehanever had been takenthat intothe thePCity• Alderman Gowan headache, and wish Y ro ert ? agreed on that point. She mentioned weed hazards and dumping• inquired why she did not bring suit against those who are dumping on private p P Y• possible for her to address her com- Alderman Prothro inquired if it would be describe the problems. He plaints in a letter to the Council, and sp pointed out that city crews ro ert The City Manager stated that the stated he would read it if she would write it. It was are not allowed to maintain private pcom complaints mentioned in the article, and in- staff is in the process of analyzing P or pro tem Boyd asked Mrs. Parham formation will be provided to the Council. May to come back to the next council meeting — _ — — — i Item 4a l sed a propriation ordinance was presented for settlement of a law suit. A propo P ORDINANCE NO. 3007 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NO . 11-091-4520, AND APPROVING SETTLEMENT OF WILSON Moved b Alderman McAlister that Ordinance No. 3007 be passed. Y vote: Motion seconded by Alderman Prothro, and carried by the following Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays: None. item—5a ro osed ordinance was prese on five units of the nted accepting improvements A P P t Paving Program. 1973 Assessmen J ORDINANCE N0. 3008 OF THE 73 ASSESS ORDINANC E ACCEPTING IMPROVEMENTS OF FIVE (5)FALLS-, TEXAS, AS9DESIGNATED MENT PAVING PROGRAM IN THE CITY OF WICHIONTRA FA IN ORDINANCE N0. 2776 DECLARING THE COFWSAIDITH SIMPROVEMENTS FULLY WICHITA FALLS TEXAS, FOR THE CONSTRUCTIONAND COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE,ASSESSMENTSXLEVIEDNAFTER GIV NG OF CERTIFICATES IN EVIDENCE OF SPECIAL 1246 Item 5a, con t'd. EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF S ASSESSMEMTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMENSAID OF THE CITY OF WICHITA FALLS , TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EF V DATE. FECTIE Moved by Alderman Prothro that Ordinance No. 3008 be passed. Motion seconded by Alderwoman McCullough,$ and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. , Item 5b _ - - - - - - - - ----- �" A proposed ordinance was presented abandonin Assessment Paving; Program. g Collard Street from the 1973 ORDINANCE NO. 3009 AN ORDINANCE ABANDONING THE CONSTRUCTION OF IMPROVEMENTS ON PORTIONS STREETS AT LOCATIONS OUT OF THE 1973 ASSESSMENT PAVING PROGRAM, DELETING SAME FROM CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS; AND CANCELLING THE ASSESSMENT LIENS LEVIED AGAINST ABUTTING PROPERTIES. Moved by Alderman McAlister that Ordinance No. 3009 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None, Item 5c A proposed ordinance was presented accepting Phase I of the 1974 Asse Paving Program. ssment ORDINANCE No. 3010 ORDINANCE ACCEPTING IMPROVEMENTS OF NINE (9) UNITS OF PHASE I OF THE 1974 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, AS DESIGNATED IN ORDINANCE N0. 2869; DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COM- PLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; 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. 3010 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro Nays : None, , and McCullough Item 5d A proposed ordinance was presented amending the hazardous structure by eliminating the court procedure. This will reduce the time inv by the structures cleared. olved in getting ORDINANCE NO. 3011 ORDINANCE AMENDING SECTION 7-29 OF THE CODE OF ORDINANCES AL OF DANGEROUS BUILDINGS WITHOUT COURT ACTION, LOWING REMOVAL 1247 4 Item 5d , cont'd. Ordinance No. 3011 be passed. Moved by Alderman McAlister that . Alderman Gowan, and. carried by the following vote: Motion seconded by A es : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Y Nays : None. r Item 5e waiver of certain code sections A proposed ordinance was presented requesting rovided by the Wichita to permit a sidewalk art sale Falls Art Association. ORDINANCE N0. 3012 CODE OF ORD I NANCE GRANTING WAIVER OF SECTION 8-2 AND IN THE HCENTRAL BUSINESS NCES ON OCTOBER 4, 1975 FOR ANNUAL SIDEWALK R DISTRICT. Moved by Alderman McAlister that Ordinance No. 3012 be passed.. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. a a item 6a osed resolution was presented approving appraisals on Kell Freeway• A prop RESOLUTION NO. 1713 ✓ APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND RESOLUTION AUTHORIZING THEIR PURCHASE OR CONDEMNATION, ire the properties hereinafter described for and, WHEREAS, it is necessary to acqu the 1967 Capital Improvements Program, construction of the listed project in employed by the have been appraised by appraisers ete y WHEREAS , such properties of the Te xas State Highway Department and the amours of Aldermen andscopiesmarn now the the appraisals have been studied by the Manager. possession of the Director of Public Works and/or Assistant City NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: properties to be purchased by Warranty Deed SECT ION N0. 1 The project and are as follows : Kell Freewa - Project 52-380 WARRANTY DEED s. 50' of Lots 10, 11 , and 12, Block 7, West Side Addition. 4,998 sq. ft. of Lots 12, Block E, Grainger and Ballow's Addition. 1,075 sq• ft. of Lots 4 and 5, 2,185 sq. ft. of Lots 13, Block E, Grainger and Ballow's Addition. Combined total of values approved in this resolution - properties are hereby approved and the City SECTION N0. 2 The values of such pro P authorized to purchase in the name of the Texas State Highway Manager is hereby b Warranty Deed such tracts of aid landfor s s Department or the City of Wichita Falls , Y real estate shown on the project rich ght-of-way map. The authorized pricesrom to by tracts are State approved values as determined Department. appraisers employed by the Texas State Highway urchase any such SECTION NO. 3 In the event the City Manager is unable to p i 1248 Item 6a, cont 'd. tract for such approved value, he is hereby authorized and directed to cause t be instituted condemnation proceedings to obtain such tract in the name of Texas State Highway Department or the Cityof o Wichita Falls, the Moved by Alderman Prothro that Resolution No. 1713 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Item 6b A proposed resolution was presented increasing fees for Weeks Park Golf Course. RESOLUTION N0. 1714 RESOLUTION ESTABLISHING GREEN FEES AND FEE FOR ANNUAL PERMITS FOR WEEKS PARK GOLF COURSE. THAT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS SECTION 1. The following schedule of fees is hereby established for Weeks Park Golf Course, effective October 1, 1975 : Green fee - weekday Green fee - weekday - Junior (18 and under) and $ 2.00 Late Senior (65 and over) fee (after 4 p.m.) 1.50 Green fee - Saturday, Sunday and holidays 1.50 Annual permit - adult 3.00 Annual permit - man and wife 150.00 Annual permit - senior (65 and over) 225.00 Annual permit - junior (18 and under) 75.00 75.00 SECTION 2. Resolution No. 1344 is hereby repealed. Moved by Alderwoman McCullough that Resolution No. 1714 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro Nays : None. , and McCullough Item 6c A proposed resolution was presented callin a of a tract owned by Elie Lam, and also Washexg Public hearing on annexation . f RESOLUTION NO. 1715 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS. THAT:BE IT RESOLVED 13Y THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 9:00 o'clock A.M. on the 7th day 1975 at which time all interested persons will be given an opportun of October ity to be heard concerning the intention of the Board of Aldermen to instiute to proceedings, annexing those tracts of land shown on the attached sketches marked Tract I and Tract II. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1) time in a newspaper having circulation in the city and in the territory general y proposed to be annexed, not more than y (20) days nor :Less than ten (10) days prior to the hearing. Moved by Alderman Prothro that Resolution No. 1715 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: 1249 Item 6c, cont'd. wan, Prothro, and McCullough Ayes : Aldermen McAlister, Garcia, Go Nays : None. item 6d a fee for percolation tests. A proposed resolution was presented setting RESOLUTION N0. 1716 V VI-1 RESOLUTION ESTABLISHING FEES FOR PERCOLATION TESTS BY THE HEALTH CENTER AS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: fees .shall be charged by the Wichita Falls City-County Health The following for such a test within the City, except 25.00 Center for conducting percolation tests; the fee shall be $ at Lake Arrowhead or a location outside the City limits , plus 15 cents a mile for the distance traveled from and back to the Health Center. Alderman Garcia that Resolution No. 1016 be passed. Moved by ti Motion seconded by.Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. � Items e resented approving Special Assessment Adjustments A proposed resolution was 8 444.14, and Tax Adjustments 1 through 234 and Numbers 1 through 10 totaling $ , 20388 through 21735 totaling $12,404.05. RESOLUTION NO. 1717 NTS AND SPECIAL ASSESSMENT RESOLUTION AUTHORIZING CERTAIN TAX ADJUSTME ADJUSTMENTS. IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , BE THAT: roved , Tax Adjustments #1 through #234 and #20388 through #21735 are hereby a the ppr Tax hereby and Special Assessment Adjustments �kl through �k10 areaon the books of the Assessor and Collector is authorized to make such adjustments City. Alderman McAlistrer that Resolution No. 1717 be passed. Moved by Alderman Gowan, and carried by the following vote: Motion seconded by Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Item 6f navigable upon an order defining A proposed resolution was presented commenting p water. RESOLUTION N0. 1718 THE RESOLUTION COMMENTING UPON AN ORDER OF DEFINITION DISTRICT STATES COURT FOR IONFOR ;tAVIGABLEWATERSAS THE DISTRICT OF COLUMBIA CONCERNING A D UTION CONTROL ACT AMENDMENTS OF 1972 (PUBLIC US ED IN THEFEDERAL WATER POLL LAW 92-500) . operations it is imperative that pollution from dredging and filling p WHEREAS, and, in waters of the United States be eliminated; 1250 Item 6f WHEREAS, the prevention of water pollution of water pollution intended b the Federal Water Pollution Control Act Amendments of 1972 can best be sat ' if the public authorities issuingy knowledgeable of local conditions; and, for dredging isfied g� g and filling operations are WHEREAS, the State of Texas has regulatory agencies which are now capably performing such. functions, aid any additional permit system by the Federal Govern- ment would be duplication and waste. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It is recommended that the applicable Federal laws and/or regulations be am ed to provide that the United States Arm issue permits for dredging and fillip operations Corps of Engineers have jurisdiction tond- grations in those waters which are used for transportation of material in interstate commerce, and that the State have jurisdiction to issue permits for dredging and filling operations in a e waters on which the Co of Texas waters within its boundaries except for th has jurisdiction. 11 Corps of Engineers Moved by Alderman Prothro that Resolution No. 1718 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. 0� ` Item 7a Bids were considered on boiler replacement at the Health Center. recommended that the low bid be awarded to Palco Plumbing in the amount of c,7,325.00. It was g Company, Wichita Falls, RESOLUTION N0. 1719 RESOLUTION ACCEPTING BID OF PALCO, INC. FOR INSTALLATION OF NEW BOILER AT HEALTH CENTER. WHEREAS, the City has heretofore advertised for bids for the installation of a new heating boiler or, in the alternative, repair of the old heating boi at the Wichita Falls Cit ion y-County Health Center; and, g lder, WHEREAS, three bids were received, and the Board of Aldermen finds that the net bid of Palco, I:nc in the amount of $7,325.00 for installation of a new boile r 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: The bid of Palco, Inc. in the sum of $7,325.00 for installation of a boiler is hereby accepted, and the City Manager is authorized to execute a contract for the Cif` with Palco new _y , Inc. for the installation of the new boiler. Moved by Alderman McAlister that Resolution No. 1719 be passed. Motion seconded by Alderwoman McCullough,g and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays: None. Item 9 Moved by Alderman Prothro that minutes of the meetings of the following j llowing boards and commissions be received. a• Board of Electrical Examiners - September 9, 1975 b• Mayor 's Commission on Status of Women - September 4, 1975 Motion seconded by Alderman McAlister, and carried unanimously. 2 11 5 Item 10a The following appointments were made to the Citizens Traffic Safety Council. James Esther and Jerry Hobbs have resigned. I a. John Brown - Department of Public Safety b. William S. Berlin - Sikes Senter Mall Moved by Alderwoman McCullough that the appointments be approved. Motion seconded by Alderman Prothro, and carried unanimously. Alderman McAlister noted that no appreciable savings could be made on joint meter readings with all utilities, but he questioned the mailing services of various billings. The City Manager explained that this matter was not addressed because of overwhelming problems involved. Cycle billing is not made to homes at the same time, and gas and electricity is not billed here, but from their home offices. Alderman McAlister proposed that an ordinance be prepared for the next council meeting repealing or rescinding Article Three of the animal control ordinance in its entirety. This deals with the licensing of pets. He feels very few people license them. It is a law which he doubts will ever be enforced. He requested that appropriate people involved in this ordinance be notified. It was announced that the Council will meet in executive session immediately following this meeting to discuss litigation with the City Attorney. Moved by Alderman Prothro that the meeting be adjourned. Motion seconded by Alderman Garcia, and carried unanimously. The Board of Aldermen adjourned .at 1:55 P.M. PASSED AND APPROVED this J% day of 1975. M or Pro tem Deputy Ci Clerk