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Min 03/16/1971 361 Wichita Falls, Texas Memorial Auditorium Building March 16, 1971 Items 1 & 2 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 10:00 o'clock A.M. , with the following members present. Kenneth Hill Mayor Don Wills X Harrison E. Taylor Larry Lambert X Aldermen Dick Darner X J. C. Boyd, Jr. Bill Drake Gerald. Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Taylor. Item 3 Moved by Alderman Taylor that minutes of the meeting held March 2, 1971 , be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 4 The public hearing was opened on the 1971 Reconstruction Program. Mr. B. J. Studdard, 801 North Beverly Drive, requested that the Council con- sider waiving the requirements for sidewalk on Jacqueline Road. He stated that his property fronts on North Beverly, with a side on Jacqueline. He explained that there are many obstructions in the sidewalk, such as utility poles with guy wires, and gas meters. He further stated that there are no shopping centers or schools within walking distance in this area, and does not believe sidewalks will be nec- essary. Earnest Lillard stated that the utility poles will be moved. The fire hydrant is less than a foot inside the sidewalk, and will nct be moved due to the cost. The City Manager stated that this project was included in the reconstruction program at the request of the property owners. Mr. Studdard also requested that the Council lower the assessment on his property. He stated that his front lot is 75 feet wide, and has a narrow 288 foot side strip on Jacqueline Road. He stated that he would be assessed as if it were a front foot cost instead of side cost; that he would be required to pay approximately four times as much as those who face Jacqueline. Earnest Lillard stated that these property owners are not being assessed for paving, and that sidewalk and curb and gutter are assessed at the same rate as front foot cost. Paving is assessed at different front and side costs. Mr. Studdard also explained that he did not have sewer service, and the only way he can get it is to pay for an easement across other property. The City Manager explained that the city could assist him in obtaining the easement, but that he would be required to pay a connection cost and pro rata charges. The Mayor suggested that he discuss this further with Mr. Fox and Mr. Smith at a later date. Mr. Fox suggested that the Public Works Department take another look at this property due to an irregularly shaped lot. Mr. R. D. Longley, 3132 Jacqueline, inquired if there have been any arrange- ments made for the utility companies to move these poles back on the property. He mentioned a pole and transformer just outside his door. Mr. Lillard stated that if the utility companies would move them back there would be no necessity of an easement because they already had the space for it. Mr. Lillard stated they could discuss moving this pole and transformer with the utility company. 362 Item 4, cont'd. James Galbraith, 3101 Jacqueline, stated that the driveway is shown on Ross instead of Jacqueline. Mr. Lillard explained that they would install it anywhere he desired. Mr. Galbraith also stated that he needed a double approach rather than a single one. Paul Ozuna, 3128 Jacqueline, appeared regarding a road to a sanitary sewer lift station near his house which causes drainage problems when it is muddy. This problem was to be investigated. James Conner, 3106 Jacqueline, desired to clarify that the size of the approach would have to be worked out with Mr. Adams. Mr. Lillard stated that they would assist him with what he needs. The public hearing was closed. ORDINANCE NO. 2646 J ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING STREETS FOR A PORTION OF THE 1971 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS 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, PROVID- ING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Grills that Ordinance No. 2646 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Twills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5 A proposed ordinance was presented accepting ten units under the 1970 Assess- ment Paving program. l ORDINANCE NO. 2647 f ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1970 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2584. DECLARING THE CONTRACT WITH R. 0. GREEN CONSTRUCTION OF SAID IMPROVE- MENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIV- ING 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 Darner that Ordinance No. 2647 be passed. Motion seconded by Alderman Wills , and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6a A proposed resolution was presented authorizing purchase of the entire parcel of Lot 1 , Block 62, and Lot 1, Block 67, both of the Southland Addition, for Kell 363 Item 6a, cont'd. Freeway. Prior approval for partial taking in the amount of $19,783 has been given. The appraised value for the whole taking is $20,450. The City would have a total of $667.00 invested, and could sell this property by competitive bidding at a later date. RESOLUTION NO. 1163 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-071 under the 1967 Capital Improve- ments Program, and, WHEREAS, in Resolutions Nos. 992 and 1000, passed and approved by the Board of Aldermen of the City of Wichita Falls on October 7, 1969 and November 4, 1969, the approved value of $19,783.00 was approved for the partial takings of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition, and, i WHEREAS, the appraised value for the whole takings of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition is $20,450.00 and, WHEREAS, the owners of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition desire to sell the entire parcels at the appraised values. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The appraised value of the whole taking of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition in the amount of $20,450.00 is hereby approved and the City Manager is hereby authorized to purchase, in the name of the City of Wichita Falls, by Warranty Deed, the whole of Lot 1, Block 62, Southland and of Lot 1, Block 67, Southland Addition. The City Manager is authorized to transfer title to the Texas State Highway Department, by Warranty Deed, those portions of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition re- quired for right-of-way for the Kell Freeway Project. The City Manager is further authorized to sell, through competitive bidding, the remainder of Lot 1, Block 62, Southland Addition and of Lot 1, Block 67, Southland Addition. Moved by Alderman Taylor that Resolution No. 1163 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: I Ayes : Aldermen Wills , Taylor, Lambert, Darner, Boyd, and Drake Nays: None I Alderman Boyd requested information as to what has been accomplished, and what can be accomplished with the funds in the bond program previously voted. The city manager explained that he had briefed the Council last October on this, but that he would have that information at the first meeting in April. Item 6b ; r A proposed resolution was presented authorizing an agreement with the Texas Highway Department on Brook Street traffic and street improvements under the TOPICS program. RESOLUTION NO. 1164 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the State of Texas, acting through the Texas Highway Department, and the City of Wichita Falls, Texas, providing for the Brook Street TOPICS Project, is hereby approved, and the Mayor is authorized to execute the same for the City. Moved by Alderman Wills that Resolution No. 1164 be passed. I I' I 364 Item 6b, cont'd. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6c A proposed resolution was presented authorizing the City Manager to execute a water purchase contract with Wichita County Water Control and Improvement District No. 3 (Iowa Park) for Lake Kemp water during the period of drought now being faced by Iowa Park.. RESOLUTION NO. 1165 BE IT RESOLVED BY THE BOARD OF ALDERM N OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, providing for the sale of raw water from Lake Kemp by the City of Wichita Falls, Texas, and Wichita County Water Improvement District No. 2 to the Wichita County Water Control and Improvement District No. 3 is hereby approved, and the City Manager is authorized to execute the same for the City of TJichita Falls. Moved by Alderman Wills that Resolution No. 1165 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Wills, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 7 Bids were considered on 50 tons of organic base fertilizer for Parks and Recreation. It was recommended by Ben Shelton, Director of General Services, that the low bid be awarded to USS Agri-Chemicals, of Dallas , in the amount of $2,842.00. Moved by Alderman Darner that the bid be awarded as recommended. Motion seconded by Alderman Lambert, and carried unanimously. Item 8a Permission was requested to advertise for bids on a utility tractor for Parks and Recreation. Moved by Alderman Wills that authority be granted to advertise for bids as requested. Motion seconded by Alderman Drake, and carried unanimously. The possible sale of lots at Rose and Baylor was not considered. Item 9 Moved by Alderman Boyd that minutes of the meeting of the Electrical Advisory Board held March 9, 1971, be received. Motion seconded by Alderman Lambert, and carried unanimously. Item l0a The City Manager gave a status report on the transit system service, stating 365 Item 10a, cont'd. that the City had been given notice that bus service will discontinue as of April 1, 1971. The mass transportation study was funded by the federal govern- ment and the City of T.Tichita Falls. The purpose for this request in 1968 was to take a look at the transit system to determine what improvements, if any, could be made to it. As a result of this study, the city becomes eligible to receive two-thirds of the cost of any capital improvements. The study was of the transit system, and has no relation to the situation now facing us, but with this informat- ion the Council can better decide what to do. Should the Council consider the continuation of the bus service, the cost will have to be considered. The second consideration would be subsidizing a private ownership. The next alternative will be to consider complete private ownership of the bus company. Mr. Fox further stated that this report was reviewed by a citizens advisory group, and that they recommended that bus service should be continued by private ownership or a subsidy to private ownership. Moved by Alderman Taylor that bus service be continued in Wichita Falls , with no method determined as to how it will be implemented. Motion seconded by Alderman Boyd. Alderman Lambert remarked that the Council still had to determine the method by which they will continue the bus service. Alderman Wills inquired if we had information as to what other cities are doing. The city manager explained that Amarillo has purchased the bus system and is experiencing a considerable deficit in operational procedures. Lubbock is providing a subsidy to a private firm. Their projected amount was in excess of $30,000 in the last year. Waco is also operating with a management contract and leasing equipment from a private firm. Austin has now re-employed a firm originally there to operate the system on a guaranteed operating ratio formula. San Antonio and Dallas took over the operation of the bus company by a transit board. Alderman Wills stated that the citizens of Wichita Falls should be aware, and not forget at budget time, that they will be faced with operating a bus system at an increasd cost to them in tax rates. He did not feel that GTichita Falls could operate it without a deficit any more than the other cities have. Cecil Forrester stated that Peoria, Illinois discontinued bus service for a period of time, but are now planning to start it again; however, he did not know how they are planning to do it. The motion to continue bus service was carried unanimously. City Attorney H. P. Hodge, Jr. , stated that a statute authorizes a city to purchase, own, and operate a bus system, but it is silent on how it is purchased; that he needs to study it further. The City Manager stated that if previous proj- ections hold, then they would have enough unappropriated funds to purchase the bus system. Moved by Alderman Lambert that the City Manager be directed to negotiate with National City Lines for possible purchase of the bus system. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Taylor, Lambert, Darner, Boyd, and Drake Nays : Alderman Wills Moved by Alderman Wills that the City Manager be able to discuss and negotiate with the present owner of the bus system with regard to what subsidy or other method of operation we can have. Motion seconded by Alderman Taylor, and carried unanimously. Item 10b The City Manager explained that the city has had a request to lease the old health center building to the Community Action Corporation to provide office and clinic space for their operation. He stated that we are now paying $3900 per year to them. He recommended that preparation of a lease be authorized to be considered on April 12, under the following conditions : 366 Item 10b, cont'd. a. That the City be credited with an annual in-kind contribution of $2,400 for the use of this structure. This would reduce the City's annual cash contribution to $1500. He suggested that we not institute the $200 a month rental charge until February 1972; further, that we continue the $150 per month contribution until February 1972. _r> b. That the agency be responsible for all maintenance and repairs after approval of the City. C. Term of the contract should be five years. d. All utilities and janitorial service to be paid by CAC. Angus Thompson expressed appreciation to the City for what they have done for CAC. He felt that this tentative agreement would be agreeable to their board of directors. He thought the five-year term might be too long since they are funded from year to year. He desired that it be made for one to two years, with options. The City Manager had no objections to this. Moved by Alderman Lambert that authorization to lease be granted. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Lambert, and carried unanimously. The Board of Alderman adjourned at 11 :50 A.M.;; PASSED AND APPROVED this fwday of 1971. /I�Mayor ATTEST: City Clerk