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Min 07/18/1972 596 Wichita Falls , Texas Memorial Auditorium Building July 18 , 1972 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: J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor Larry Lambert Willard Still X J. C. Boyd, Jr. X Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderwoman McCullough. Item 3 Moved by Alderman Lambert that minutes of the meeting held June 20, 1972, be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 4a A proposed appropriation ordinance was presented in the amount of $2400.00 for funding of a contract to dispose of dead animals. ORDINANCE NO. 2717 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-238-4497, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2717 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5a - - - - - - - - - A proposed ordinance was presented, authorizing social security coverage for 67 members of the fire and police departments who voted for the coverage. A referendum was held on January 18, 1972, and 40 police department employees and 27 Fire Department employees voted for the coverage. All members of each depart- ment who were hired after January 18, 1972, will automatically be covered. Coverage will be effective October 1, 1972. ORDINANCE NO. 2718 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF WICHITA FALLS AND TO EXECUTE ALL INSTRUMENTS NECESSARY TO EXTEND SOCIAL SECURITY COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN OF THE CITY OF WICHITA FALLS PURSUANT TO AGREEMENTS WITH THE STATE DEPARTMENT OF PUBLIC WELFARE FOR FEDERAL OLD-AGE AND SURVIVORS INSURANCE BENEFITS UNDER THE PROVISIONS OF APPLICABLE STATE AND FEDERAL LAWS; DIRECTING THE DIRECTOR OF FINANCE TO MAKE SUCH ADDITIONAL OR SUPPLEMENTARY ASSESSMENTS, COLLECTIONS, AND REPORTS AS MAY BE NECESSARY TO PROVIDE COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN; AND ORDERING THE ALLOCATION AND SETTING ASIDE IN THE REGULAR CITY DEPOSITORY IN THE FUND KNOWN AS THE CITY OF WICHITA FALLS SOCIAL 597 Item 5a Cont'd. SECURITY FUND OF SUCH ADDITIONAL MONEY FROM AVAILABLE FUNDS AS MAY BE NEC- ESSARY TO PROVIDE SOCIAL SECURITY COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN; AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2718 be passed. Motion seconded by Alderman Lambert. Alderman Still inquired why we did not wait until January 1973 to begin this program, and save this amount of money. City Manager Gerald Fox explained that we have indicated to the Civil Service Commission that we would begin institut- ing this program on October 1, as well as indicating to the employees that it would begin on this date. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5b A proposed ordinance was presented restricting parking on a section of the Old Jacksboro Highway between 35th and Midwestern Parkway, on the west side. ORDINANCE NO. 2719 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS , ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DE- CLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2719 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5c ,i A proposed ordinance was presented restricting parking on a part of Avenue V between Kempand Buchanan, on the south side. ORDINANCE NO. 2720 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS , AND DE- CLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2720 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None f Item 5d A proposed ordinance was presented revising speed zones on several state highways and frontage roads. ORDINANCE NO. 2721 AN ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS WHICH ESTABLISHES THE SPEED LIMIT ON CERTAIN STREETS. 598 Item 5d, Cont'd. Moved by Alderman Still that Ordinance No. 2721 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5e A proposed ordinance was presented closing an alley in Block 6, Floral Heights Addition. �r ORDINANCE NO. 2722 AN ORDINANCE CLOSING AND ABANDONING THE NORTH-SOUTH DEAD END ALLEY IN BLOCK 6 OF THE FLORAL HEIGHTS ADDITION. i Moved by Alderman Campsey that Ordinance No. 2722 be passed. Motion seconded by Alderman Boyd, and carried unanimously. Item 5f J /j A proposed ordinance was presented closing a portion of Mississippi Avenue between Blocks E and. F of the Joseph A. Kemp's Addition. u ) ORDINANCE NO. 2723 AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF MISSISSIPPI AVENUE BETWEEN BLOCKS E AND F OF THE JOSEPH A. KEMP'S ADDITION. Moved by Alderwoman McCullough that Ordinance No. 2723 be passed. I Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None r Item 5g A public hearing was opened on hazardous structures. Burl Kirkland appeared regarding property owned by the Trade Winds and Horizon Corporation at 1722 through 1736 Harding. He asked if they had to remove all the structures at this time or just the one property in the City limits. He requested more time to take care of this matter, as they are working on an agreement with the Fire Department for a drill. The City Manager explained that he would be allowed as much time as he needed, as long as it is reasonable. Moved by Alderman Lambert that the hearing be closed, and that the staff be instructed to proceed with the provisions of the demolition ordinance. Motion seconded by Alderman Still, and carried unanimously. Item 6a t A proposed resolution was presented authorizing update of appraisals on Kell c Freeway project. RESOLUTION NO. 1321 WHEREAS, by the adoption of Resolution Nos. 1036, 1071, and 1094, the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the properties hereinafter described for construction of the Kell Freeway, Project 52-071 , and approved the appraised values of such properties ; and, 599 Item 6a, Cont'd. WHEREAS, the appraisals of such properties have now been updated by the in- dependent appraisers employed by the Texas State Highway Department to reflect present market prices, and these updated appraisals have been approved by the Texas State Highway Department and have been studied by the Board of Aldermen, and copies of same 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 2144 s.f. of Lot 8, Block 104-A, Highland Addition. 1950 s.f. of Lot 4, Block 95-A, Highland Addition. 153 s.f. of Lot 1, Block 94-A, Highland Addition. 4724 s.f, of Lot 5, Block 95-A, Highland Addition. Combined total of values approved in this resoluti=---------- -----------$35,505.00 SECTION NO. 2 The updated values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the names 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 the updated appraisals (rather than the original appraisals approved by the resolutions set out above) 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 updated values, he is hereby authorized and di- rected 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 Still that Resolution No. 1321 be passed. Motion seconded by Alderman Campsey. Alderman Boyd inquired into the difference from $50.00 to $2,000.00 of one piece of property. Ernest Lillard stated that the local appraiser had not anti- cipated any damages to the remainder of that property, but that the state appraiser did. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6b r . A proposed resolution was presented authorizing adjustment of a private utility line on the North Beverly, or Loop 11, project. RESOLUTION NO. 1322 WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart- ment are cooperating in the construction of North Beverly, (Loop 11) Project 52-072, under the 1967 Capital Improvements Program of the City of Wichita Falls, Texas ; and, WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart- 600 Item 6b, Cont'd. ment entered into a contractual Agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the North Beverly (Loop 11) Project 52-072; and, WHEREAS, the said proposed North Beverly (Loop 11) Project 52-072 crosses a gas line owned by Mrs. W. C. Dillard of Wichita Falls, Texas; and, WHEREAS, adjustments will have to be made to the gas line to allow the construc- tion of the proposed North Beverly (Loop 11) Project 52-072; and, WHEREAS, the Texas State Highway Department has proposed a contractual agree- ment for adjustment of a privately owned facility in which the City of Wichita Falls, Texas would reimburse the B & G Utility Construction, Inc. of Burkburnett, Texas, Four Hundred Ninety-Two and 50/100 Dollars ($492.50) for the cost of the adjustments to the gas line; and, WHEREAS, the Texas State Highway Department will reimburse the City of Wichita Falls, Texas in an amount equal to fifty percent (50%) of Four Hundred Ninety-Two and 50/100 Dollars ($492.50) for the cost of this utility adjustment as soon as the State receives final billing in the amount of Four Hundred Ninety-Two and 50/100 Dollars ($492.50) accompanied by a certificate to the effect that such work has been accomplished. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The certain letter of agreement between the City of Wichita Falls, Texas and the Texas State Highway Department for the adjustment of the gas line is hereby approved, and the City Manager is authorized to execute it for the City of Wichita Falls, Texas. Moved by Alderman Campsey that Resolution No. 1322 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6c A proposed resolution was presented authorizing adjustment of Southwestern Bell Telephone utilities on railroad relocation project. l RESOLUTION NO. 1323 WHEREAS, the City of Wichita Falls and the Texas State Highway Department are cooperating in the construction of F.W.D.R.R. Relocation, Project 52-087 under the 1967 Capital Improvements Program of the City of Wichita Falls ; and, WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Department entered into a contractual Agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the F.W.D.R.R. Relocation project; and, WHEREAS, the said proposed F.W.D.R.R. Relocation, Project 52-087 crosses the telephone lines owned by Southwestern Bell Telephone Company; and, WHEREAS, adjustments had to be made to the telephone lines to allow the construc- tion of the proposed F.W.D.R.R. Relocation project; and, WHEREAS, the Southwestern Bell Telephone Company has a prior easement for the telephone lines; and, WHEREAS, the Southwestern Bell Telephone Company has completed the necessary utility adjustments for an actual cost of One Thousand Nine Hundred Eighty-Five and No/100 ($1 ,985.00) Dollars ; and, 601 Item 6c Cont'd. WHEREAS, the Texas State Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the actual cost of this utility adjustment as soon as the State approves the final billing as prepared by Southwestern Bell Telephone Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City Manager is authorized to execute payment of charges for the adjust- ment of the telephone lines in the amount of One Thousand Nine Hundred Eighty- Five and No/100 ($1,985.00) Dollars for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1323 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None ,r Item 6d A proposed resolution was presented authorizing adjustment of utilities on Kell Freeway project. This involves an oil flow line from a well to a tank battery owned by A.C.F. Oil Company. RESOLUTION NO. 1324 WHEREAS, the City of Wichita Falls and the Texas State Highway Department are cooperating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, the City of Wichita Falls, Texas and the Texas S to to Highway Department entered into a contractual Agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the Kell Freeway Project; and, WHEREAS, the said proposed Kell Freeway, Project 52-071 crosses the pipe line facilities owned by A.C.F. Oil Company; and, WHEREAS, adjustments will have to be made to the pipe lines to allow the construction of the proposed Kell Freeway Project; and, WHEREAS, the A.C.F. Oil Company has prior easements for the pipe lines; and, WHEREAS, the A.C.F. Oil Company has proposed an agreement in which the City of Wichita Falls would reimburse the A.C.F. Oil Company the sum of One Thousand Seventy and 30/100 ($1,070.30) Dollars for the cost of the adjustments to its pipe lines ; and, WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the cost of these utility adjustments as soon as the State approves the final billings as prepared by the A.C.F. Oil Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The certain letters of agreement between the City of Wichita Falls, and the A.C.F. Oil Company for the adjustment of the pipe lines are hereby approved, and the City Manager is authorized to execute them for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1324 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 602 Item 6e A proposed resolution was presented approving Texas Highway Department Minute Order No. 66222 for TOPICS Program on Kemp Corridor. Ernest Lillard ex- plained this program to the Council. RESOLUTION NO. 1325 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The provisions of Minute Order No. 66222 passed by the Texas Highway Commission on May 1, 1972, a copy of which is attached hereto, and is made a part thereof, providing for assistance in improving the signalization and channelization of the pavement and its support of Midwestern Parkway and Taft Boulevard and the Inter- section of Farm to Market Road 369, Farm to Market 2380 and Kemp Boulevard are acceptable to the City of Wichita Falls . It is hereby ordered that the City of Wichita Falls cooperate with the Texas Highway Department and fulfill its obligations so stipulated in said Minute Order as being the responsibilities of the City. BE IT FURTHER RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City of Wichita Falls, Texas, desires the State Highway Department to in- clude the City's portion of the work in the State 's construction contract, and the City Manager of the City of Wichita Falls is hereby authorized to enter into a fixed sum agreement with the State Highway Department for such work and its cost as may be mutually agreed upon. Moved by Alderman Taylor that Resolution No. 1325 be passed. Motion seconded by Alderman Lambert. Alderman Still inquired why it was necessary to adopt this contract before we know exactly what the city's cost will be, and why should we commit monies out of next year's budget. City Manager Gerald Fox explained that we are only approving the minute order, and that monies will not be paid until the contract is awarded. He also stated that this is a firm bid. Ernest Lillard stated that we have 90 days within which to accept this minute order after its passage by the Texas Highway Commission, but that the Council will still have an opportunity to take another look I at it. The City Manager stated that the actual money appropriation will be made upon the Council's authority at a later date. Ernest Lillard explained that this contract could not be awarded before September, and if there are any delays it will be later. The motion for passage of the resolution was carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6f cif A proposed resolution was presented, requesting an extension of the Emergency I Employment Act Program. This federally funded program was designed to assist employers to provide meaningful employment, and also to enable them to find per- manent employment with the City or other employers. The one-year $73,000 grant which we received in August 1971 was to fund 13 positions in the City organization. Six individuals have already been placed in permanent employment with the City or other firms. RESOLUTION NO. 1326 WHEREAS, in order to make a positive effort toward lowering the level of unemployment in the City, last year the City applied for, and received, a grant from the United States Department of Labor under the Emergency Employment Act of 1971 for use by the City to establish an employment program during the 1971-1972 fiscal year; and WHEREAS, it is deemed to be in the public interest to make application for a 603 Item 6f, Cont 'd. one year extension of this program, by making application for funds in the amount of $73,000.00, or more if allocated by Congress. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT, Gerald G. Fox, City Manager of the City of Wichita Falls, is authorized and directed to complete the application in the name of the City of Wichita Falls for a federal grant under the Emergency Employment Act of 1971, to be applied to the cost of an employment program within the City; said City Manager is fur- ther authorized to sign any necessary documents required to carry out and complete such project on behalf of the City; further, any and all documents heretofore signed on behalf of the City of Wichita Falls by Gerald G. Fox, City Manager, with regard to this application are hereby ratified and confirmed. Moved by Alderman Still that Resolution No. 1326 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6g r" A proposed resolution was presented approving easement to Texas Parks and Wildlife Department for a water line to serve Arrowhead State Park, RESOLUTION NO. 1327 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: A certain easement, across Lake Arrowhead land, a copy of which is attached hereto from the City of Wichita Falls to Texas Parks and Wildlife Department, State of Texas , which provides access for a water line to serve the Texas State Park is hereby approved, and the City Manager is authorized to execute and de- liver the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 1327 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None ( ✓' Item 7a gf It was recommended that the low bid for an estimated annual supply of 180 tons of liquid chlorine for water purification be awarded to Chemical Supply Company, Wichita Falls, in the amount of $17,676.00. Moved by Alderman Taylor that the low bid be awarded as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 7b A proposed resolution was presented awarding the low bid for a water main extension to Ranch Estates Addition to Opex, Inc. , Olney, in the amount of $57,281.40. RESOLUTION NO. 1328 WHEREAS, heretofore the City of Wichita Falls advertised for competitive bids for Water Main Extensions to Ranch Estates Addition; and, 604 Igem 7b Cont'd. WHEREAS, the City received eight (8) bids, and the bid of Opex, Inc. of Olney, Texas, in the amount of Fifty Seven Thousand Two Hundred Eighty One Dollars and Forty Cents ($57,281.40) , is the low and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF j WICHITA FALLS , TEXAS , THAT: I The bid of Opex, Inc. in the amount of Fifty Seven Thousand Two Hundred Eighty One Dollars and Forty Cents ($57,281.40) is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls , a contract with said bidder for the water main extensions. Moved by Alderwoman McCullough that Resolution No. 1328 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 8a A proposed resolution was presented approving a change order and final estimate for a sanitary sewer extension to the Allis Chalmers plant. i RESOLUTION NO. 1329 WHEREAS, the City of Wichita Falls and B & G Utility Construction, Inc. entered into a contract dated January 25, 1972, wherein said contractor agreed to construct certain Sanitary Sewer Extensions , Project 89-168-03; and, WHEREAS, the City of Wichita Falls and Biggs and Mathews, Consulting Engineers, entered into a contract dated October 20, 1971, wherein said Engineers agreed to perform engineering services for construction of said sanitary sewer extensions ; and, WHEREAS, said engineering and improvements have been completed in accordance with the plans and specifications ; and, WHEREAS, a change order and a final estimate have been submitted on this project, which final estimate shows a total amount of work done as $31,389.50, of which $20,843.01 has been paid to the contractor, leaving a balance due of $10,546.49; and, WHEREAS, a final statement has been submitted for engineering work performed, which statement totals $2,511.16, none of which has previously been paid to the Consultant Engineer, leaving a balance of $2,511.16. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The construction of such sanitary sewer extensions is accepted by the City of Wichita Falls, the change order, final estimate, and engineer's statement are approved, and the City Manager is directed to pay the said Contractor and Engineer the amounts due as shown on such estimates. Moved by Alderman Boyd that Resolution No. 1329 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None v Item 8b A proposed resolution was presented accepting the Sanitation Office Building, and approving the final estimate. 605 Item 8b Cont 'd. / I RESOLUTION NO. 1330 WHEREAS, the City of Wichita Falls and M & F Litteken Company entered into a contract dated February 15 , 1972, for the construction of Pre-Fabricated Metal Office Building; and, WHEREAS, said building has been completed in accordance with plans and speci- fications ; and, WHEREAS , a final estimate has been submitted on this project, which final estimate shows the total amount due on this as $7,537.00, none of which has been previously paid, therefore the contractor is due a balance of $7,537.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : The construction of the Pre-Fabricated Metal Office Building is accepted by the City of Wichita Falls and the final estimate is approved, and the City Manager is directed to pay the said contractor the amount due on said estimate. Moved by Alderman Still that Resolution No. 1330 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None a Item 9 j J Moved by Alderman Campsey that minutes of the meetings of the following boards and commissions be received. i a. Traffic Commission - June 13, 1972 b. Planning Board - June 14, 1972 C. Board of Electrical Examiners - June 13 and July 11, 1972 Motion seconded by Alderman Boyd, and carried unanimously. a t Item 10a Alderman Still reported on the decision of the Council Committee which was appointed to consider the effects on excavation and grading. Of the 15 largest cities in Texas, all cities have an ordinance to control this excavation and grad- ing except Wichita Falls and Lubbock, and Lubbock is in the process of drafting an ordinance. The committee also had a public hearing on it, at which 10 to 12 persons attended. The Committee agreed to recommend that the ordinance be passed, with two changes , as follows, which are incorporated in the revised- ordinance. (1) That an appeals provision be included in the ordinance which would allow a person denied a permit to appeal directly to the Board of Aldermen. Such appeal would require a public notice and public hearing on this matter with adjoining property being notified as to the time and date of such hearing. (2) That the original Section 3, entitled Hazards, be deleted from this ordinance. ORDINANCE NO. 2714 AN ORDINANCE THAT SETS FORTH RULES AND REGULATIONS TO CONTROL EXCAVATION, GRADING AND EARTHWORK CONSTRUCTION, INLCUDING FILLS AND EMBANKMENTS; ESTABLISHES THE ADMINISTRATIVE PROCEDURE FOR ISSUANCE OF PERMITS; AND PROVIDES FOR APPROVAL OF PLANS AND INSPECTION OF GRADING CONSTRUCTION. Moved by Alderwoman McCullough that Ordinance No. 2714 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 606 Item 10b The Lone Star Gas Company rate request was considered. City Manager Gerald Fox presented an analysis of their rate request, recommending a rate schedule which would produce a 4.4 percent annual gross revenue increase for them. Their original request was for a 7.1 percent increase in gross revenues, or $205 ,200. Such additional annual gross revenues would have produced a rate of return amount- ing to 8 percent based on Lone Star's fair value determination. Mr. Fox explained that a rate of return should be reasonable enough to insure investor confidence in its financial integrity, to maintain and support its credit, and to attract capital on comparatively favorable terms. He recommended that a fair rate of re- turn would be 7.375 percent. He also recommended that Lone Star Gas Company be allowed to have an automatic gate rate increase clause in the ordinance. This would enable them to increase or decrease the City Gate Rate Charge as authorized by the Railroad Commission. ORDINANCE NO. 2724 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES ON NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS , WICHITA COUNTY, TEXAS , AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. Moved by Alderman Boyd that Ordinance No. 2724 be passed, with the exception that the part be deleted begi-inina in Line 2 after the colon, beginning with the words Plus or minus, and continuing through Line 2 at the end of the line, with the word Company, followed by a semi colon. Motion seconded by Alderman Taylor. Alderman Lambert stated that in 1969 the gas company requested a 7.25 percent rate of return, and does not feel that the Council should approve a rate of re- turn in excess of what was projected in 1969. He suggested that the ordinance be rejected, and a different one prepared which would propose s schedule that would anticipate a rate of return of 74 percent. Alderman Campsey expressed a desire to leave the portion in the ordinance that Alderman Boyd wanted removed. After some other discussion, Alderman Boyd x withdrew his previous motion, with the concurrence of Alderman Taylor, who had seconded it. They decided to discuss the deletion separately. Moved by Alderman Boyd that that portion of the ordinance previously dis- cussed be deleted from the proposed ordinance. Motion seconded by Alderman Taylor. Alderman Boyd stated that it was his understanding that the governing body can waive their rights of increase to the Railroad Commission if the price of gas increases. He feels that the governing body here knows as much as the Railroad Commission as to our situation in Wichita Falls. He does not want to waive that right to the Railroad Commission at this time. Alderman Campsey stated that the gas company has to compete for prices to buy gas available. He does not want to jeopardize our position in Wichita Falls in obtaining gas. City Attorney H. P. Hodge, Jr. stated that prior to last year the gas rate was set at a certain price by the Railroad Commission. Lone Star Gas requested that the gas price formula be applied to the gate rate. This would do away with the requirement that they keep coming back to the Railroad Commission to ask for an increase at the gate rate. Mr. Hodge further stated that the Railroad Commis- sion is concerned with the growing shortage of gas , and that they should not have to come to them each time to request an increase. They thought this might help the gas company and consumers also. Buck St. John stated that he does not think the gas cost adjustment clause would take away the right of the City Council in rate making, but would afford them to compete more vigorously. It would remove the matter of regulatory lag. He urged the Council to consider strongly the retention of this clause. It is vital to them in competing for gas. p Q !i 607 Item 10b Cont'd. Alderman Taylor inquired what type of contract they had in purchasing gas. Alderman Campsey explained how gas is purchased by Lone Star Gas or any other company. They are continuing to purchase gas from various sources, and prices will probably go up each time they purchase gas. He explained that he is not as interested in the rate of return as he is in keeping a good utility company here to serve our citizens. He is trying to eliminate the lag that Mr. St. John mentioned. He stated that while he is waiting to find out if he can purchase the gas, someone else has already purchased it. Alderman Boyd stated that he feels we should maintain the initiative instead of allowing the Railroad Commission to have it. Alderman Still inquired if Lone Star Gas Company has a subsidiary company that handles the purchase of gas and one that handles distribution. He asked where gas was purchased, and it was explained that it was at the gate rate. The price in 1971 was approximately 18 cents. In 1962 it was almost 14 cents. He asked if they were both a buyer and a distributor of gas, and Mr. St. John stated that they were. Alderman Boyd inquired how often the price at the City Gate Rate is changed. Mr. St. John stated that it does not change until it has been authorized by the Railroad Commission. He explained that the gate rate change has taken place irregularly. It apparently went up in 1969, and there has been no change since that time until this last hearing when there was a 1.1 cent increase, which be- came effective in March 1972. It applied to the distribution in May 1972. Alderwoman McCullough explained to Mr. St. John that her primary concern is for the average citizen in Wichita Falls. Alderman Taylor inquired how sensitive the gate rate is, and how necessary is this to their company. Mr. St. John stated that it caused lag for them. City Manager Gerald Fox explained that rate hearings are costly to the gas company and to the citizens , also. Alderman Lambert stated that he did not believe that they have the authority to force the cities to do this. He stated that the automatic adjustment clause seemed reasonable to him. If the cost of that com- modity is raised or lowered by the Railroad Commission, then it seems there should be a provision for the cost to the customer to be raised or lowered. He stated that we could lower the rates if we determine that the rate of return is too high. The price Lone Star Gas pays is set by the Railroad Commission, and they do not have any choice in it. Alderman Still commented that he knows that Mr. St. John wants their company to have the rate of return that will permit them to continue to serve our citizens. He asked how Wichita Falls stands in regard to the operations in other cities, profitwise. Mr. St. John stated that he supposed that Wichita Falls profit basis would run average and perhaps above average comparatively to other distribution systems. Following a question from Alderman Still, Mr. St. John stated that he feels the company would be disappointed with the staff's recommentation . The motion to delete this portion of the paragraph prior to presenting the ordinance was carried by the following vote : Ayes : Aldermen Taylor, Still, Boyd, and McCullough Nays : Aldermen Lambert and Campsey Moved by Alderman Lambert that this proposed ordinance be tabled, and that a new one be prepared, providing a schedule which would project a rate of return on 7.25 percent. Motion seconded by Alderwoman McCullough. ORDINANCE NO. 2724 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS , WICHITA COUNTY, TEXAS , AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. 608 Item 10b Cont'd. Alderman Still moved a substitute motion that revised Ordinance No. 2724 be passed, and that the City Manager's recommendation of 7.375 percent be accepted. Motion seconded by Alderman Boyd. Alderman Lambert stated that he felt the 7.25 percent in 1969 was adequate, and does not want to approve anything higher. The substitute motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : Alderman Lambert i Item lla Tax adjustments Numbers 15618 through 17480 in a total amount of $20,319.66, were presented for approval. These accounts need to be adjusted for various reasons. Moved by Alderman Boyd that Tax Adjustments be approved as presented. i Motion seconded by Alderman Still, and carried unanimously. - - - - - - - - - Wendell W. Rogers , 2624 Iowa Park Road, appeared requesting placement of a mobile home in the rear of his Premier Service Station at the above address. This request was made due to harassment at his business at night, and he desired that someone stay in the trailer in the hope that the harassment would cease. The City Manager explained that under the ordinance a mobile home could not be allowed there. Steve Ondrejas, Director of Planning, also stated that placing this mobile home there would be in violation of the ordinance. Mr. Rogers ex- plained that Piggly Wiggly, TG&Y, and United had agreed to the placement of the mobile home in that location. The City Manager stated that if one exception is granted they would have others to be considered later. Alderman Campsey described the location to the Council, but all of them were not familiar with the area. The Mayor recommended that it be passed, and considered at the next council meeting. Moved by Alderman Still that a 90-day period be granted to allow placement of the mobile home at that location; that a variance not be granted, but study the problem and check into the police protection in that area. Motion seconded by Alderman Campsey. Paul Yeager, Director of Public Safety, was directed to present the findings regarding police protection in that area to the Council at the next meeting, and have action on it in 90 days. The motion was carried unanimously. Item llb The public hearing was opened to the opponents of controlled flouridation in Wichita Falls. Dr. Philip Stephenson, 2012 Hiawatha, appeared as nine-year resident of Wichita Falls, stating that he was speaking only for himself. He stated that in April 1961 the Public Health Service promised 65 percent fewer cavaties. He stated that artificial flouridation does not prevent decay, but only delays it about two years. There is no proof that flouride prevents decay. He also mentioned several ill effects to the body, as well as personal rights. Dr. Hubert Stephens appeared as a Chiropractor in Wichita Falls. He had a medical dictionary from which he presented some definitions of flourine and mottled flourisis. Chiropractic groups are opposed to mass medication. Edward B. DeLong, a minister and president of a PTA, appeared not as a rep- 609 Item llb Cont'd. resentative of any group, but only himself. He quoted from various doctors re- garding gum disease in flouridated areas. It also renders children susceptible to polio, lukemia, tuberculosis, and cancer. It is retained in the bones. Mottled teeth are the external signs of flourisis. There is some evidence of heart disease increase with the addition of flouride; also Nephritis. Indications showed flourine may have triggered cancer. Mongonalism has increased in areas of flouridated water. There is a wide range of psychological disturbances. The February 10, 1951 edition of the American Medical Association listed several ill effects. Other information which he had was from 1955-1970. He stated that flouridation is not in the best interest of the citizens of Wichita Falls. It is harmful to many, and of no great benefit to any. Mary Vaughn, housewife, stated that civic organizations should not have lent their endorsements to this measure unless they had studied it for themselves. She stated that the information they have is not scare literature, but is from men who are well respected in their fields. She presented some conclusions of flouridation which came out of the March 1967 meeting of the National Society of Research on Nutrition. On this Council are leading scientists and others. It is composed of 164 academic bodies. They re-affirmed their resolution against flouridation again in 1968. She read a statement of Walter S. Barrett regarding dental groups. It was pointed out that dentists and doctors opposing flourida- tion have reason to fear reprisal. Those in medical groups must keep themselves aloof if they wish to rise higher. They also do not want to be identified with those who oppose flouridation on religious or emotional grounds. Ralph Nader said that the public has a right to be informed on any issue affecting their health. One researcher who was doing cancer research on mice took this data to the Texas State Health group. They became concerned with how they could invali- date the findings. H. Stanley Dean admitted under oath the falacies of flourida- tion. Other authorities were mentioned. Leonard Smith, 2414 Dartmouth, stated that he is convinced that water flouri- dation is not to the best interest of our citizens. We already have something like .4 part per million in our water. He pointed out that no one will react the same to this chemical in the water. He feels that children's teeth can be treated by flouride tablets or other measures. Mrs. G. A. Wolf, 1309 15th, stated that several years ago she had urenic poisoning and almost died. She stated that her doctor at that time (Dr. Taylor) told her not to drink flouridated water again, and she began drinking bottled water. She further explained that they had a kennel several years ago, and after flouridation came, it was her belief that it was harmful to the dogs in various ways. Bernice Bodkin Warren appeared, stating that she is a teacher in the Wichita Falls Public Schools, and she attributed good teeth to proper care. She stated that both she and her husband were advised by two physicians to stop drinking flouridated water, and it stopped some of their allergies. She requested the council to consider it wisely and vote "no", or else submit it to a vote of the people. At 1 :15 P.M. , Mayor Wallander announced a 45-minute lunch break. T:.e public hearing was continued at 2 :00 P.M. Mrs. Jimmy Kouri, 3315 Seymour Road, implored the Council not to flouride the water. Dr. Ludwig Graus, Chief of Cancer Research of the Veterans Administration, says the plain fact that flouride is a poison, toxic in its effect, remains un- changed. She also pointed out that children can have flouride if parents are of the opinion that they need it without putting it in the water. No doctor hands out a drug telling people to take as much as they like, and no doctor gives nedi- cine to every member of the family just because one member needs it. Forced flouride is an invasion of property rights . Poor nutrition which produces tooth decay is a national problem and the Public Health Service should spend more money in that area. Those opposed to flouride are also taxpayers , and should not have the added expense and inconvenience of purchasing bottled water. If there is even a slight element of doubt, why take chances? Lawrence Gohr, 1820 Lucile, stated that water is a primary necessity of life. 610 Item 11b Cont'd. Citizens have the right of freedom of choice in matters concerning their health, as long as the choice does not infringe on the rights of others. One authority reports flouridation as forced medication, and a violation of the first and fourteenth amendments. The primary cause of dental caries is sugar, candy, soft drinks , and refined carbohydrates. Dental decay is not a flouride deficiency I disease. Money should be spent for better nutrition. The United States Public Health Service spends money to endorse flouridation. Many groups receive grants from the U.S. Public Health Service, and they will not speak out against flourida- tion. No scientific society has endorsed flouridation. Organizations such as the Americal Medical Association serve their own members. The U.S. Public Health Service is now checking for flouride in the air. The Smeedish government has banned flouridation. He mentioned several countries where flouride is not used. He presented a letter to the Council from a scientist regarding the water here in Wichita Falls. He mentioned that baby food companies are restricting the use of flouride water, and are not locating in areas where water is flouridated. Alderman Still requested printed documentation of this information on baby food companies , which Mr. Gohr stated that he would obtain. Mrs. A. H. Ditto, 1301 Buchanan, stated that she had become concerned with what might happen to those who cannot buy water. She requested that the Council 's answer be "no" or that the citizens of Wichita Falls be allowed to vote on it. She explained that she had talked to a young man who had spent $2,000 on his teeth because of flouridation. She presented a petition of 500 names in opposition to flouridation. Jack Ballard mentioned that flouridation had been voted down in the past. He questioned whether the Council could vote in something which the citizens have previously voted out. The public hearing was closed. Jack Ballard requested that the Council hear him in executive session. He stated that since his federal suit has been filed that he and his wife have been harassed by the police department, and he asked that they stop it. Mayor Wallander declined comment since Mr. Ballard has a suit pending against them. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Still, and carried unanimously. The Board of Aldermen adjourned at 2 :30 P.M. PASSED AND APPROVED this cJ� c/ day of 15;�:, � ) 1972. 17 Mayor ATTEST: City Clerk THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF CLAY ) That the City of Wichita Falls, Texas, a municipal corpora- tion, acting by and through its duly authorized officers, for and in consideration of the sum of one dollar to it in hand paid by the State of Texas, acting by and through the Texas Parks and Wildlife Department, the receipt of which is hereby acknowledged, and for which no lien is retained, either express- ed or implied, does by these presents grant, bargain, sell and convey unto the State of Texas an easement for the purpose of constructing, re-constructing, operating and maintaining a water line, together with necessary incidentals and appurtenan- ces, in, along, upon and across the following described property in Clay County, Texas, more particularly described as follows, to-wit: A certain 20' wide tract of land in the W.C. Davis Survey, Abstract 119 and the B.B.B.&C.R.R.Co. Survey, Abstract 48, said tract being more specifically described as follows: BEGINNING at the Southeast corner of the said W. C. Davis Survey, Abstract 119; thence north 010 49 minutes West along the East line of W. C. Davis Survey, a distance of 380 feet; thence west 1245.7 feet to a point in the Lake Arrowhead raw water transmission line; thence south 470 36 minutes East along said water line a distance of 63 feet to the place of beginning of the herein described tract; THENCE South 540 10 minutes West along the center line of said tract which extends 10 feet on either side of said center line, a distance of 1225 feet to a point in the East line of Arrowhead State Park. TO HAVE AND TO HOLD said easement, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging, unto the said State of Texas, forever. In witness whereof, the grantor has caused this instrument to be executed this the day of July, 1972 . CITY OF WICHITA FA LS, TEXAS By: ATTEST: Gera G . Fox City Manager City Clerk STATE OF TEXAS ) COUNTY OF WICHITA ) BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Gerald Fox, City Manager of the City of Wichita Falls, Texas, a muni- cipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and ack- nowledged to me that the same was the act of the said City of Wichita Falls, Texas, a municipal corporation, and that he executed the same as the act of said City of Wichita Falls for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of July, 1972 . Notary Public, Wichita County, Texas E TL+ IM M. LEcH Notary Public in and t l• Wichita County, Tex H