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Min 12/07/1971 486 Wichita Falls, Texas Memorial Auditorium Building December 7, 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 Harrison E. Taylor Dick Darner Aldermen J. C. Boyd, Jr. Bill Drake Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Larry Lambert Absent The invocation was given by Alderman Taylor. Item 3 Moved by Alderman Boyd that minutes of the meeting held November 16, 1971, be approved. Motion seconded by Alderman Darner, and carried unanimously. Item 4a Discussion was held on a proposed ordinance creating a data access control plan. City Manager Gerald Fox explained that this proposal had been submitted to various groups for their review. Assistant City Manager ,Jerry Dunn explained the provisions of this proposed ordinance. It provides for a data registration admin- istrator; it provides for a fee for information which is requested of the city over and above the normal routine costs; it requires maintenance of records; out- lines data access advisory board duties ; it provides for the right of the individual to review certain records pertaining to him, and to correct any inaccuracies ; it is requested that any information to be used in a law suit will be cleared by the City Attorney before it is released; it provides for public information as long as it is not identifiable to a person; it also has a provision for information which is identifiable to a person; it identifies five specific types of information or files which are confidential, and it's release; it provides for non-release of data if it is in conflict with the interest of the city. It also provides for appeals to the council regarding any other sections. It provides for disciplinary action to be taken for violation of the ordinance by employees of the city. It also provides for the ordinance to be included in the code of ordinances. He stated that he believes this is the best ordinance which can be put together at this time. Alderman Darner stated that it is important to adopt such an ordinance, but that we should not be concerned with adopting the first ordinance in the country, but adopting what is best within reason. In his opinion we have a very workable base which may require very little change. He suggested that the revised ordinance should be presented for any local comment before adoption. He questioned a fee to review a person's own file. Jerry Dunn explained that, generally speaking, it will not cost a person a fee to verify his own information. If additional programming would be necessary to obtain all the information necessary, then there might be a fee involved. Alderman Boyd stated that he is in basic agreement with Alderman Darner's views. He feels any local interested group should be allowed to review it for their comments. i 487 Item 4a, Cont'd. Moved by Alderman Boyd that this proposed ordinance be postponed until January for further consideration. Motion seconded by Alderman Campsey, and carried unanimously. Item 5a A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. r RESOLUTION NO. 1247 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 375 S. F. out of Lot 2, Block 19-A, Highland Addition 425 S. F. out of Lot 3, Block 19-A, Highland Addition 611.5 S. F. out of Lot 4, Block 19-A, Highland Addition 5327 S. F. out of Lot 7, Block 19-A, Highland Addition Lot 8, Block 19-A, Highland Addition 225 S. F. out of Lot 2, Block 95-A, Highland Addition Lot 8, Block 7, Sibley Taylor Addition Combined total of values approved in this resolution-----------$49,885.00 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 independent 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. 1247 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Darner, Boyd, and Drake Nays : None 488 i Item 5b I A proposed resolution was presented authorizing the City Manager to execute j a quit claim deed to the State of Texas of Parcel 13, Kell Freeway project. y RESOLUTION NO. 1248 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City Manager is authorized to execute for the City of Wichita Falls a quit claim deed to the State of Texas all of the interest acquired by the City in Parcel No. 13, Kell Freeway Right-of-way, being a tract containing 2.684 acres of land, more or less, by virtue of the judgment in Cause No. 11,303 in the County Court of Wichita County, Texas, being State of Texas vs. William Rust and wife, Helen Rust. Moved by Alderman Campsey that Resolution No. 1248 be passed. Motion seconded by Alderman Taylor. Alderman Boyd asked what the original appraisal and court-awarded figures were. It was decided to continue on with the agenda while the information was being obtained on this item, and also Item 5c. Item 6a f Bids were considered on demolition of hazardous structures. It was recommended that. low bids be awarded as follows : Item 1 - Denver Hawkins - $50.00 Item 2 - Joe Pavlas - $100.00 (will pay this amount for building) . Item 3 - Denver Hawkins - $250.00 Item 4 - M. A. Tepfer - $250.00 Item 5 - M. A. Tepfer - $150.00 Item 6 - Removed from bid list by building inspector. Item 7 - Tie bid of $250.00 between M. A. Tepfer and Denver Hawkins Item 8 - Boyd Curtis - $225.00 Item 9 - 11. A. Tepfer - $145.00 Item 10 - M. A. Tepfer - $275.00 Moved by Alderman Boyd that low bids be awarded as indicated, and that lots be cast in Item 7 to see who will be given the award. Motion seconded by Alderman Campsey, and carried unanimously. It was decided that if the coin came up "heads" the bid would be awarded to Mr. Tepfer, and if it came up "tails" the bid would be awarded to Mr. Hawkins. Lots were cast, and the bid was awarded to M. A. Tepfer. I Item 7a Permission was requested to advertise for an annual supply of automotive batteries for all departments. Moved by Alderman Darner that authority be granted to advertise for bids as requested. Motion seconded by Alderman Drake, and carried unanimously. Item 7b Permission was requested to advertise for an annual supply of oil and grease for all departments. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. r 489 Item 7b, Cont'd. Motion seconded by Alderman Boyd, and carried unanimously. 1 'Item 7c Permission was requested to advertise for bids for an annual supply of diesel fuel for all departments. Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Drake, and carried unanimously. Item 8 Moved by Alderman Taylor that minutes of the meeting of the Planning Board held on November 10, 1971, be received. Motion seconded by Alderman Darner, and carried unanimously. Item 9 A request was presented from the Senior Citizens of North Texas, Inc. , for reduced bus fares. Frances L. Wall, 2301 Bullington, appeared as the Executive Director of this group, thanking the Council for keeping the bus system here. She stated that Mr. Fox had indicated that he would not recommend that the fares be lowered, and she requested that they study this further and re-consider. She explained that in Wichita Falls 8.4 percent of the population is over 65 years ; 10 percent over 60; and 20 percent over 50. Transportation is one of the biggest problems of the elderly. She submitted some additional information to Mr. Fox, stating that she feels fares should be half price here. The average income for the elderly in Wichita Falls is $150.00 per month. Mayor Hill asked her to repeat what she had previously told him regarding contributions by a certain organization. She stated that the United Fund allocation to the youth of Wichita Falls last year for recreational programs was $235,000. The allocation to the Senior Citizens of Wichita Falls was $3,250. She explained that the Senior Citizens group delivers meals to homes for those ill or in need. They pay according to their ability. It was explained that in the report submitted to Mr. Fox, it tells of federal programs to aid in transportation of senior citizens. Mr. Fox stated that the facts of our transportation system will not change in the next four weeks , but that they would try to develop other information on subsidizing bus operations if they so desire. Amarillo is already subsidizing their bus system in the amount of $100,000 per year. Alderman Boyd stated that there seems to be some misunderstanding of the financial standing of the local bus system. He read an editorial stating that the bus system is making a profit. He stated that all costs are not included - only operation and maintenance. He feels the citizens of Wichita Falls are already subsidizing this operation. The City Manager later stated that this information has been brought out previously. He also stated that he felt the Council would have to start replacing the fleet next year. The money for that will have to come from general revenues of the city or a bond issue. Mayor Hill stated that the question involved is, do we want to subsidize with tax money or do we not. Are the benefits received worth the cost to the City? Alderman Taylor stated that he did not believe it would be proper to include the $200,000 figure already in the bus system. He also stated that we are overlooking the potential that we might have enough extra travel to off set the loss which we would encounter with re- duced fares. City Manager Gerald Fox stated that 15 percent of the bus riders are age 65 and above. Mr. Erton Tate, 2701 Taft, appeared as District Manager of the Social Security Administration and Medicare. He inquired if city government exists to make a profit. City Manager Gerald Fox stated that cities have not been involved very long in pro- viding bus transportation to its citizens. This service has been forced upon cities. We are not in business to make a profit, but when cities are forced to enter into these new services, should it be given away free, or should the citizens help off set the costs of this operation? Mr. Tate felt this should be in keeping 490 Item 9, Cont'd with the ability to pay. Mayor Hill stated that it is hard to take on new services without increasing taxes. Alderman Darner observed that since we have not been in the bus business very long, we are hesitant to make any changes until we have more experience with this operation. He stated that he would like to review the informa- tion presented by Mrs. Wall. He questioned the experience factor in increased participation. Cecil Forrester stated that he did not think our busses were ever full enough to prohibit senior citizens from riding at certain hours. Alderman Campsey remarked about the contribution by United Fund, further stating that if the City makes a contribution to this group, are not all agencies entitled to request contributions from the city? Somewhere the Council has to decide how much service the city will give. Mr. Tate requested that the Council make it possible for the senior citizens to take part in all the services of the city by making transportation more available to them. Alderman Campsey stated that he does not believe the citizens of Wichita Falls will allow the council to give to every special cause which is presented. Some items have to be eliminated. City Manager Gerald Fox explained that the only contribution we are now making is to Mental Health and Mental Retardation. Helen Potts, 1809 Harbor, stated that she rides the bus, and is opposed to re- ducing fares. She stated that in Dallas they buy an identification card for $1.00, which enables them to buy a ticket for $5.00 per month. They can ride the bus week days between 9:00 A.M. and 4:00 P.M. , and after 6:00 P.M. , and any time on Saturday and Sunday. She explained that she would like the City of Wichita Falls to be given a chance to improve service and buy new busses. She does not believe we will have a bus in Wichita Falls if we reduce fares much. Jack Ballard inquired what the fare is for school children. The City Manager stated that under 12 years of age it is one-half fare. School children pay ten cents per ticket. Mr. Ballard commented that if senior citizens are not given the same right as school children, then they are being discriminated against. Alderman Campsey commented that replacement costs should be used in figuring total costs. Alderman Drake observed that there are probably some groups in the city not as able to pay bus fares as the elderly. Mrs. Wall stated that less than one percent of the elderly population nation- wide lives other than where they have spent their adult lives. The elderly of i Wichita Falls have spent their lives here, and built the city. Moved by Alderman Darner that action on this request be postponed for two weeks to see where they stand. Motion seconded by Alderman Boyd. The City Manager explained how the figure was arrived at in determining the annual revenue loss (between $8,000 and $9,000) if fares were decreased for the elderly. The motion to postpone action was carried unanimously. ftem 5b, resumed ✓j ,f''� The information which Alderman Boyd requested was presented. The appraisal on this property was $58,400; the Commissioners recommendation was $58,365; the jury award was $95,000. City Attorney H. P. Hodge, Jr. , stated it was appealed; however, the supreme court refused to grant the appeal. The motion for passage of Resolution No. 1248 was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Darner, Boyd, and Drake Nays : None i i i I i 491 j Item 5c i A proposed resolution was presented authorizing the City Manager to execute a quit claim deed to the State of Texas of Parcel No. 661 and 661-A on Kell Freeway project. The appraisal on this property was $40,000; Commissioner's recommendation was $39,500; and the jury award was $73,000. y RESOLUTION NO. 1249 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute for the City of Wichita Falls a quit claim deed to the State of Texas all of the interest acquired by the City in Parcel No. 661 and No. 661-A, Kell Freeway Right-of-way, being tracts con- taining 17,213 square feet of land, more or less, by virtue of the judgment in Cause No. 11,306 in the County Court of Wichita County, Texas, being State of Texas vs. J. T. Wood et ux, et al. Moved by Alderman Darner that Resolution No. 1249 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Darner, Boyd, and Drake Nays : None Jack Ballard presented a notice of claim of legal action to the Mayor, stating that a $50,000 suit will be filed. He cited Ordinance Numbers 1864 and 1869 taking property into the city limits in the Cottonwood Street area. He stated that he wants to dedicate land behind his nine rent houses for an alley, one block long. He stated that the road bed is 20 feet wide, and in some places the drainage ditch is 40 feet wide beyond the road in some places. He stated that the mail man will not deliver mail until the holes in the road have been filled. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Drake, and carried unanimously. The Board of Aldermen adjourned at 11:45 A.M. PASSED AND APPROVED this , day of �e. f�tQ�tJ , 1971. ayor ATTEST: City Clerk