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Min 05/04/1971 385 Wichita Falls, Texas Memorial Auditorium Building May 4, 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 Harry Campsey X Harrison E. Taylor X Larry Lambert Aldermen Dick Darner J. C. Boyd, Jr. X Bill Drake X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Boyd. Item 3 Moved by Alderman Darner that minutes of the meeting held April 20, 1971, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4a J A proposed ordinance was presented abandoning surplus right-of-way on Midwestern Parkway. ORDINANCE NO. 2652 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF MIDWESTERN PARKWAY RIGHT-OF-WAY (FORMERLY ARCHER STREET) . Moved by Alderman Lambert that Ordinance No. 2652 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 4b A proposed ordinance was presented prohibiting swimming in certain ponds, lakes, and streams in city parks. Some discussion was held on this item. The City Manager stated that he felt if more swimming facilities were needed, then we should proceed along the lines to construct such facilities. ORDINANCE NO. 2653 AN ORDINANCE PROHIBITING SWIMMING IN PONDS, LAKES AND STREAMS IN CITY PARKS, AND AMENDING SECTION 22-31 OF THE CODE OF ORDINANCES WHICH PRO- HIBITED SWIMMING IN LAKE WICHITA. Moved by Alderman Taylor that Ordinance No. 2653 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None 386 Items 4c through 5d pertaining to the Fixed Base Operator's lease at the airport were deleted. Item 5e A proposed resolution was presented authorizing proposals to property owners on North Beverly project. RESOLUTION NO. 1179 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved value, as determined from the appraisals, has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and property to be purchased by Warranty Deed is as follows : North Beverly - Project 52-072 Warranty Deed 0.0374 acre out of David Welch Survey, Abs. 324, Vol. 317, P. 600 & Vol. 340, P. 640, Deed Records of Wichita County. The total value approved in this resolution -----------------------$70.00 SECTION NO. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department, by Warranty Deed, the tract of land as shown on the project right-of- way map. The authorized price to be paid for this tract is the state approved value as determined from appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase this tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain this tract in the name of the Texas State Highway Department. Moved by Alderman Taylor that Resolution No. 1179 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5' A proposed resolution was presented authorizing proposals to property owners on the railroad relocation project. Alderman Campsey initiated some discussion on the validity of giving more information to them on the proposals to property owners. It was agreed that a plat of the areas involved would be helpful for the Councilmen. RESOLUTION NO. 1180 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the City of Wichita Falls, and the amount of the appraisals has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. 387 Item 5g, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and properties to be purchased by Warranty Deed are as follows : F.W.D.R.R. Relocation - Project 52-087 Property (Warranty Deed) 1.016 acre out of Block 17, D.C.S.L. League No. 1, Abstract 58, Vol. 390, P. 428, Deed Records of Wichita County. 0.696 acre out of Block 17, D.C.S.L. League No. 1, Abstract 58, Vol. 390, P. 428, Deed Records Wichita County. 2.189 acre out of Block 9 & 16, D.C.S.L. League No. 1, Abstract 58, Vol. 390, P. 428 and Vol. 749, P. 263, Deed Records of Wichita County. Combined total of values approved in this resolution ---------------$7,755.00 SECTION NO. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed, such tracts of land as shown on the project right-of- way map. The authorized price to be paid for each tract is the value as determined from appraisals made by the independent real estate appraisers employed by the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Fort Worth and Denver Railroad Company and/or City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1180 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None r Item 5g A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. r RESOLUTION NO. 1181 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved values, as determined from the appraisals, have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows : Kell Freeway - Project 52-071 Warranty Deed Lot 7, Block 3, John W. Thomas Sub-Division 388 Item 5g, cont'd. West 38 ft. of Lot 3, & East 42 ft. of Lot 4, Block 10, Westside Addition to Highland Addition. Combined total of values approved in this resolution -------------$19,250.00 SECTION NO. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department, or the City of Wichita Falls, by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for each tract is the state approved value as determined from appraisals made by the indepen- dent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Darner that Resolution No. 1181 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5h A resolution was proposed presented approving a contract with Bridwell Oil Company and Bradley Exploration Company for seismograph exploration on the east side of Lake Arrowhead. Authority was requested for the City Manager to execute the contract and letter approving the insurance. Mr. Fox explained that they must secure permission from the city to conduct these explorations; however, we have little choice but to permit it. RESOLUTION NO. 1182 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement between Bridwell Oil Company, Bradley Exploration Company and the City of Wichita Falls, a copy of which is attached hereto, wherein the City grants to Bridwell Oil Company and Bradley Exploration Company the right to conduct mineral explorations by the use of seismograph and other geophysical and geological methods on certain lands on the east side of Lake Arrowhead is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1182 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6 Bids were considered on concession rights at various parks. It was recommended that bids be awarded as follows : f a. Scotland Park and Coyote Stadium - C. L. Walton - 15% gross sales b. Hamilton Park - Mrs. Bill W. Smith - 15% gross sales C. Bridwell Park - Louise King - 15% gross sales. Moved by Alderman Taylor that bids be awarded as recommended. Motion seconded by Alderman Lambert, and carried unanimously. 389 Item 7 Moved by Alderman Boyd that minutes of the meetings of the following boards be received. a. Planning Board - April 14, 1971 b. Park Board - April 27, 1971 C. Electrical Advisory Board - April 13, 1971 d. Aviation Advisory Board - April 21, 1971 Motion seconded by Alderman Darner, and carried unanimously. Item 8a Joe Watts , Director of Finance, recommended the appointment of the firm of Jarratt, Cocke, and Tillery as independent auditors for the fiscal year ending September 30, 1971. He explained in his memorandum that through increased know- ledge of our operations, this firm has made marked improvements in the time and cost required for this audit. Moved by Alderman Campsey that the firm of Jarratt, Cocke, and Tillery be appointed as independent auditors, as recommended. Motion seconded by Alderman Drake, and carried unanimously. Item 8b Alderman Lambert presented some items for discussion. He explained that they are basically unrelated, but that he had decided to discuss them at the same time. Also, that they are not necessarily on the agenda for final action at this time, but for discussion. The first one has to do with the possibility of changing the date of our municipal elections. They are now held the first Tuesday in April each year. In 1965 the state legislature authorized the governing body of any home rule city to set its own date, and not have to abide by the date set by state law. Some cities have adopted the first Saturday in April because it coincides with school board elections. At the same time, they authorized different bodies to join together in a cooperative agreement with those whose boundaries coincide. The election date was changed in General Law Cities in 1967 to the first Saturday in April. This raises the question of whether we should also change our date of election. He stated that it would appear to him that it would be better to have them on Saturday; that it is easier to hold an election in a public building where other work is not going on. Alderman Darner stated that he felt the proposal might have some merit and worthy of doing some research in other cities to determine what their experiences have been in regard to voter participation. He stated that he felt that the proposal to hold the election concurrently with the school dist- tict could lead to some confusion in the candidates. Perhaps we could call on the experience of other cities to help us answer this question. Alderman Campsey inquired what the cost is to hold an election. The City Manager replied that it is about $3,500; also, that it would cost more to have it on Saturday due to in- creased overtime custodial costs. The Mayor suggested that we check with other cities; also, that he would not agree with changing without a charter change. He also pointed out that school board elections on Saturday did not turn out as many persons as the city election on Tuesday. Alderman Lambert stated that he felt issues are more important than the date, and the Mayor agreed with this statement. Alderman Lambert feels it is more convenient for more people on Saturday, as well as more convenient for election officials and sites. Alderman Taylor stated that the tendency on the part of the recreational public is to get away on Friday afternoon or Saturday morning. It was his belief that we would lose some parti- cipation by having an election on Saturday; that citizens would be more apt to vote on Tuesday. Moved by Alderman Boyd that the City Manager be authorized to conduct a survey, and report within 60 days pertaining to the economics, voting turn-out, and anything else which might be appropriate to making a determination. Motion seconded by Alderman Darner, and carried unanimously. The second item pertains to regular council meetings to be held periodically outside of the council chamber. He stated that the Mayor had previously given 390 Item 8b him the idea of neighborhood meetings at one time in the League of Women Voters Guide. Another candidate mentioned the same thing this year in the Voters Guide. Hopefully, we would only do this two or three times a year. He felt that they could pass an ordinance setting the time and place in advance for that particular meeting. If they did not serve any useful purpose then they could be abandoned. City Attorney H. P. Hodge, Jr. stated he did not believe that the Council has ever had a regular called council meeting anywhere else than the regular council chamber. Alderman Darner stated that in his opinion this proposal has little merit. He feels that the business of the city should be conducted in the council chambers. He further stated that he believed it is a remote possibility that attendance might be better if held in neighborhood areas. He explained that he would have no objection to holding other meetings throughout the city, but believes these meetings should be in addition to and not in place of regular meetings . Some publicity was given to Saturday morning meetings. He stated that he is totally opposed to this for several reasons. Alderman Boyd mentioned hearing a speaker from another city at one time, who stated they had participation in this area. Alderman Taylor stated that he be- lieved going into neighborhoods would be beneficial, but does not feel that regular council meetings should be taken away from here. Alderman Lambert stated that he felt that we do not always have to do things the way they have always been done. If we can innovate some new ideas, and if they do not work, then we would not be any worse off. This is merely offered as a suggestion to try. If it doesn't work out, then they could discontinue it. Mayor Hill stated that he had no ob- jection to a gripe session at neighborhood areas, but not for regular council sessions at a location other than the regular meeting place. Alderman Lambert stated that he did not invision these neighborhood meetings as gripe session, but regular business sessions of the Council to bring local government action into the neighborhoods. Alderman Drake stated that he felt both Aldermen Lambert and Darner had good ideas but he was more in agreement with Alderman Darner. Moved by Alderman Drake that this matter be tabled for two weeks. Motion seconded by Alderman Campsey, and carried unanimously. Alderman Lambert brought up the matter of elimination of pre-council work sessions, stating that it was hard for him to refrain from making some sort of tentative opinion after hearing one side of the argument. Mayor Hill stated that he regretted Alderman Lambert's referral to a smoke filled room, and hopes he has not done irrepairable damage. He stated that he feels that pre-council sessions are necessary to obtain more complete information. Alderman Lambert stated that he felt the public has developed the idea that the work session is not as open to the public as it should be; that they are discussing items on the agenda that could be discussed at the public meeting. He stated that reference to a smoke f filled room is not his evaluation of the work session, but what he feels a large segment of the public has, and we need to try to avoid this impression by the public. He explained that people are not permitted to speak at the work session, and that they may as well be held in the regular meetings. Time to discuss agenda items serves no useful purposes. They can serve a useful purpose for briefing for other city operations. Alderman Taylor explained that he needed the briefings, and that he would prefer to have them at the work sessions. Alderman Darner stated that we are talking about pre-council sessions, the appearance we make in these sessions, and communication between the Council and the public. He feels a certain amount of duplication exists, but repetition does not mean redundancy. He feels consideration might be given in the format of the work sessions, but elimination of them would result in over-simplification of some of the problems in order to shorten the meetings. Work sessions are open to the public. There is not reason to question this, and he has not seen the door closed to anyone. He abhors the reference to a smoke filled room. The news media pro- vides the mechanism to provide information to the public. He stated they had done a good job in providing this information, although he did not always agree with some of their reporting. He believes the work sessions provide a useful purpose, and does not see why they should reflect any other thought. Alderman Boyd stated that he feels if questions are asked and answered in a pre-session then they may not be picked up by the news media, but if they are asked and answered in the regular council meeting then it might answer some questions which the public has. He stated that they rarely have any representa- tives of radio or TV at the work sessions ; that he believes the news media feels that the pre-sessions are more of a briefing. He stated that the Council needs 391 Item 8b, cont'd. more briefings and assistance than may be given in the normal council sessions. He stated it is the lack of communication which bothers him. i Mayor Hill pointed out that we only have a few visitors. What makes us think that they would come to a neighborhood meeting? Alderman Darner stated that he felt too much emphasis was placed on attendance; that people could be vit- ally interested in their city without attending a meeting. Mayor Hill stated that he saw nothing wrong with pre-council sessions. Raul Orona, 2219 Brown Street, stated that he felt it would be unfair to him to bring up a matter at the meeting when he had not heard what was said in a pre-council session. It was his opinion that both the pre-council and council sessions are in unfamiliar surroundings to the citizens. He stated that he feels the decisions are made before they come to the meeting, and that this is an assumpt- ion of the public. The Mayor stated that he did not know how the Council would vote before the vote was taken. Mr. Orona stated that he works for CAC. He further stated that some people are fearful of coming to the Council chambers; that they would be more at ease in familiar surroundings, and feels that a lot of people do not have transportation. Moved by Alderman Lambert that we dispense with pre-council sessions in the future wherein discussion of agenda items takes place. Motion seconded by Alderman Boyd, and lost by the following vote: Ayes: Aldermen Lambert and Boyd Nays : Aldermen Campsey, Taylor, Darner, and Drake Item 8c Moved by Alderman Taylor that water reimbursement contract payments be approved in the amount of $601.12, and sewer reimbursement contract payments in the amount of $124.42, for a total amount of $725.54, as follows : Robert M. Puckett, Water, East Eden Hill, Section A-2 and A-3, from March 1970 to March 1971; $601.12 Robert M. Puckett, Sewer, East Eden Hills, Section A-2 and A-3, from March 1970 to March 1971; $124.42 Motion seconded by Alderman Lambert, and carried unanimously. Item 9 i Discussion was held regarding the proposal to the Department of Labor for manpower planning grant. The City Manager explained that this proposal would pro- vide implementation of a manpower planning vehicle to carry out goals established by the advisory committee. He did not feel that the city would be required to take over any of the cost of this project. The direction of this will be to establish a body to coordinate manpower programs. The Director of Manpower Manage- ment would be responsible for coordinating various programs in the city. All monies would be funded through the manpower director. He would determine where manpower funds might be needed and best used. CAMPS is a coordinating body to combine resources of a community to combat manpower problems. Don Moore, 3708 York, appeared as a member of CAMPS committee. He stated that he feels this is a necessary function. There are certain things they are unable to handle, and more training opportunities are needed. He stated that he feels this is an orderly way to bring employers and potential trainees together. Beginning July 1, youth development money will be coming through CAMPS directors. He feels we could secure additional training and economic opportunities for youth if we have a manpower program. , Moved by Alderman Darner that the request to participate in this program be allowed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Taylor, Lambert, Darner, and Drake Nays : Aldermen Campsey and Boyd 392 The City Manager presented a proposed resolution urging passage of Amendment No. 4 to appear on the May 18 ballot. This pertains to construction of waste water treatment facilities. RESOLUTION NO. 1183 WHEREAS, the 62nd Texas Legislature, at its Regular Session, 1971, has passed Senate Joint Resolution No. 17, a proposed amendment to add a new Section 49-d-1 to Article III of the Texas Constitution; and WHEREAS, said proposed amendment will appear on the ballot at Special Election to be held on May 18, 1971, as Amendment No. 4; and WHEREAS, proposed Amendment No. 4 will permit the Texas Water Development Board, on direction of the Texas Water Quality Board, to issue additional water development bonds up to $100 million for use in providing grants, loans, or com- binations thereof, to cities, towns, and political subdivisions, so that these entities may qualify for Federal matching funds for water quality enhancement programs; and WHEREAS, the proposed Amendment No. 4 provides that bonds authorized under this new Section 49-d-1 and all bonds authorized by Sections 49-c and 49-d of Article III, Texas Constitution, may bear interest at more than 6%, instead of the existing rate of 4%; and WHEREAS, the adoption by the people of proposed Amendment No. 4 would make it possible for the State of Texas to realize a greater return on tax dollars now going to Washington, since the Federal matching share of costs would increase from a maximum of 33% to 55%, as the State enters the program with grants and loans; and WHEREAS, the increase in the maximum interest rate from 4% to 6%, as provided in Amendment No. 4, will make it possible for the Water Development Board to sell its bonds in today's competitive bond market; and WHEREAS, the passage of the proposed Amendment No. 4 would make more funds available to assist local government in providing facilities to adequately treat and dispose of their wastes, thereby enhancing the quality and quantity of the State's water, and lifting some of the tax load from already overburdened city taxpayers; and WHEREAS, the adoption of Amendment No. 4 would make it possible for the City of Wichita Falls to qualify for an additional $900,000 in Federal grant funds (from $1,320,000 to $2,200,000) toward the $4 million enlargement of sewer treat- ment plant facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It endorses Amendment No. 4 on the ballot at the Special Election to be held on May 18, 1971. BE IT FURTHER RESOLVED that the Board of Aldermen urges the citizens to go to the polls on May 18, 1971, and vote for the passage of Amendment No. 4. Moved by Alderman Lambert that Resolution No. 1183 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None A proposed resolution was presented authorizing a joint agreement between the City and the Red River Authority of Texas for construction of a water pollution control project. The River Authority would provide 25 percent of the funds to qualify for additional funds. With this figure, the City would qualify for 55 percent of the total funding. The agreement provides that if Amendment No. 4 passes, this agreement would become void, and we could participate with the state. Approval and execution of this agreement is requested. 393 RESOLUTION NO. 1184 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I That certain Memorandum Agreement between the City of Wichita Falls, Texas, and Red River Authority of Texas, a copy of which is attached hereto, providing for the joint construction by the parties of a water pollution control project to be used by the City of Wichita Falls, is hereby approved, and the Mayor is authorized to execute the same for the City. Moved by Alderman Lambert that Resolution No. 1184 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None / Don Jones, with CAC, requested help on recreation in two low income areas - Lincoln and Scotland Additions, and East side. He explained that they have a gym and shop which they feel they could use. (Washington Elementary Gym at Flood and Rosewood) . He stated that he is representing the Rosewood Youth Council. He requested an opportunity to discuss with the Council some of their plans along these lines. He desired some pool tables for Lincoln and Scotland Addition. They also need a larger building. He suggested a director for the gym and supervisor of sports activities. The Mayor suggested that he talk with Mr. Rigby to work on some plans. Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 1:00 P.M. PASSED AND APPROVES this day of 1971. v Mayor ATTEST: City Clerk