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Min 09/05/1972 618 Wichita Falls, Texas Memorial Auditorium Building September 5, 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 X Harrison E. Taylor X Larry Lambert X Willard Still J. C. Boyd, Jr. X Mrs. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocationwas g Y given b Alderman Still Item 3 A correction was made in the minutes of the previous meeting on Item 6c, to show that the motion was seconded by Alderman Campsey. Moved by Alderman Lambert that minutes of the meeting held August 15, 1972, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4a j' A proposed ordinance was presented providing for an increase in the fee for a health certificate for food handlers. ORDINANCE NO. 2728 AN ORDINANCE AMENDING SECTION 16-34 OF THE CODE OF ORDINANCES PROVIDING A FEE FOR HEALTH CERTIFICATE FOR FOOD HANDLERS. Moved by Alderman Still that Ordinance No. 2728 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 4b A proposed ordinance was presented establishing a fee for certificate for applications for alcoholic beverage permit or license. The suggested fee was $15.00; however, the Council discussed the possibility of charging more, since the total cost was estimated at $19.00. ORDINANCE NO. 2729 AN ORDINANCE AMENDING SECTION 4-21 OF THE CODE OF ORDINANCES PROVIDING A FEE FOR CERTIFICATE FOR APPLICATION FOR ALCOHOLIC BEVERAGE PERMIT OR LICENSE. Moved by Alderman Lambert that Ordinance No. 2729 be passed, with the fee changed from $15.00 to $20.00. t 619 Item 4b, cont'd. Motion seconded by Alderman Taylor. A substitute motion was moved by Alderman Still that Ordinance No. 2729 be passed, with the fee set at $25.00. Motion seconded by Alderwoman McCullough, and carried by the following vote. Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 4c A proposed ordinance was presented establishing a fee for processing plats. Alderman Boyd made some inquiries into the fees for the smaller and larger devel- opers, after which he moved that the ordinance be passed. The motion was seconded by Alderman Still. The City Manager explained that other cities which charge subdivision fees are in comparison with what we are proposing to charge. Alderman Lambert inquired why we do not raise the fees to be more in line with our costs . Aldermen Boyd and Still withdrew their motion and second. Moved by Alderman Lambert that consideration of this ordinance be tabled at this meeting for further consideration. Motion seconded by Alderman Boyd, and carried unanimously. The mayor appointed Aldermen Lambert and Still as a committee to work with the City Manager on these recommendations. Item 4d A proposed ordinance was presented providing for a fee for copies of police complaint reports. ORDINANCE NO. 2730 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES TO PROVIDE FOR A FEE FOR COPIES OF POLICE COMPLAINT REPORTS. Moved by Alderman Still that Ordinance No. 2730 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 4e A proposed ordinance was presented amending the section providing for fees for Animal Control. Discussion was held on the possiblity of applying the ordinance to cats regarding the City license. f ORDINANCE NO. 2731 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, WHICH PROVIDE FOR FEES FOR DOG PERMITS AND FOR IMPOUNDING DOGS AND OTHER SMALL ANIMALS. Moved by Alderman Lambert that Ordinance No. 2731 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 620 Item 4e, cont'd. Alderman Lambert requested that a study be made as to what can be done in regard to innoculation of cats. Item 5a The question of controlled flouridation of the City's water system was presented. The City Manager explained the four different courses of action that might be taken by the Council. (1) Adoption of the resolution directing the City Manager to begin controlled flouridation of our water system. (2) Take official action to not approve the addition of flouride. (3) Delay action for further study. (4) Instruct the City Manager and City Attorney by motion to prepare the necessary ordinances in order to set a referendum vote on the question of flouridation. RESOLUTION NO. 1338 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager is hereby authorized and directed to obtain the necessary equipment, supplies and chemicals, and to begin a program of controlled flourida- tion of the city water supply, by which the flouride content shall be 1.0 part per million. Moved by Alderman Lambert that Resolution No. 1338 be passed as printed in the agenda folder. The motion died for lack of a second. Moved by Alderman Lambert that the City Manager's fourth alternative be adopted in order to submit Resolution No. 1338 to a referendum vote. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Alderman Still stated that he felt the vote should be called at a time when most citizens will be going to the polls , and recommended that it be held on November 7. The City Manager was instructed to explore the legalities of this pro- posed date. Item 5b A proposed resolution was presented approving a contract with HUD for the development of Lucy Park. RESOLUTION NO. 1339 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES. WHEREAS , under Title VII of the Housing Act of 1961, as amended, the United States of America (herein called the 'Government") has tendered to the City of Wichita Falls , Texas (herein called the "Public Body") a proposed Contract for Grant to Acquire and/or Develop Land for Open-Space Purposes under which the Government agrees to make a grant to the Public Body to aid in financing a project, designated Project No. OSL-TX-06-16-1020; and, WHEREAS, the Public Body has given due consideration to said proposed contract; and, WHEREAS, the Public Body is duly authorized, under and pursuant to the constitu- tion and laws of the State of Texas , to undertake and carry out said project and to execute such proposed contract. 621 Item 5b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The proposed contract, designated "Contract for Grant to Acquire and/or Develop Land for Open-Space Purposes, Contract No. OSL-TX-06-16-1020 (G)", consisting of Parts I and II under and subject to the provisions, terms and conditions of which the Government will make an Open-Space Land Acquisition and/or Development Grant under Title VII of the Housing Act of 1961, as amended, to the Public Body to aid in financing the cost of a project, designated Project No. OSL-TX-06-16-1020, situated in Wichita Falls, Wichita County, Texas , is hereby in all respects approved. SECTION 2. The City Manager is hereby authorized and directed to execute said proposed contract in two counterparts on behalf of the Public Body, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Public Body on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the approval and execution thereof as may be required by the Government. SECTION 3. The City Manager of this Public Body is hereby authorized to file requisitions, together with necessary supporting documents , with the Govern- ment, from time to time as grant funds are required, requesting payments to be made to it on account of the grant provided for in the contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payment. SECTION 4. The Public Body agrees to abide by all of the provisions, terms and conditions of said contract. SECTION 5. This resolution shall take effect this the 5th day of September 1972. Moved by Alderman Boyd that Resolution No. 1339 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 A proposed resolution was presented approving a contract with Johnnie Simmons for operation of Hamilton and Weeks Park Tennis Centers. Tennis International, Inc. , was recently purchased by another company, and terminated their operational lease as of August 15 , 1972. RESOLUTION NO. 1340 WHEREAS, on October 8, 1970 the Board of Aldermen adopted Resolution No. 1119, which approved a contract wherein the City of Wichita Falls granted to Tennis International , Inc. the right to operate Hamilton Park and Weeks Park Tennis Centers for three years; and, WHEREAS, Tennis International, Inc. terminated such contract as of August 15 , 1972; and, WHEREAS, the City desires to enter into a contract with Johnnie Simmons for the operation of such Tennis Centers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain agreement between the City of Wichita Falls and Johnnie Simmons, wherein the City grants to Simmons the right to operate a tennis concession at Hamilton Park Tennis Center and Weeks Park Tennis Center for a primary term of one year, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 622 Item 5c, cont'd. Moved by Alderman Campsey that Resolution No. 1340 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 5d A proposed resolution was presented approving a lease of Lake Arrowhead property to Wichita Falls Yacht Club. RESOLUTION NO. 1341 WHEREAS, the Wichita Falls Yacht Club has requested the City to lease to such club the undeveloped peninsula at Lake Arrowhead known as Crow Trace Point and Lot 1, Section E, East Side, for the purpose of developing said site as the home for the Wichita Falls Yacht Club. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager is hereby authorized to execute such a lease to the Wichita Falls Yacht Club for a rental of $200.00 per year. Such lease agreement shall follow the standard Lake Arrowhead lease agreement, with certain modifications; such lease shall stipulate that membership is open in the Wichita Falls Yacht Club to any and all persons; all improvements to the property will be at the expense of the Wichita Falls Yacht Club, and will require permits and approval of the City Parks and Recreation Department; the Yacht Club shall be responsible for the payment for road- way improvements at the rate of $2.50 per front foot, which may be paid out over a 5-year period. Moved by Alderman Campsey that Resolution No. 1341 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still , Boyd, and McCullough Nays : None Item 5e A proposed resolution was presented appointing Mrs. Vanita Davidson as alternate court reporter. Mr. Loren Bailey, who was previously appointed, has left the City. RESOLUTION NO. 1342 WHEREAS, by Resolution No. 1332, Mr. Loren B. Bailey, Jr. , was appointed alternate official shorthand reporter for the Municipal Court of the City of Wichita Falls, and Mr. Bailey has left the city, and it is necessary that another alternate reporter be appointed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. Mrs. Vanita Davidson is hereby appointed alternate official short- hand reporter for the Municipal Court of the City of Wichita Falls , and she shall hold such office at the pleasure of the Board of Aldermen of the City. When she is working in this capacity, her salary shall be the same as that paid to the regular official shorthand reporter. SECTION 2. The appointment of Mr. Loren B. Bailey, Jr. by Resolution No. 1332 is hereby terminated. Moved by Alderman Still that Resolution No. 1342 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 623 item 6a Moved by Alderman Taylor that minutes of the meeting of the Plumbing Advisory Board held August 2, 1972, be received. Motion seconded by Alderman Still, and carried unanimously. Item 6b Moved by Alderman Lambert that minutes of the meetings of the Board of Electrical Examiners held August 8 and 15, 1972, be received. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 6c Moved by Alderwoman McCullough that minutes of the meeting of the Planning Board held August 9, 1972, be received. Motion seconded by Alderman Campsey, and carried unanimously. Item 7a A request was made from the Wichita Falls Art Association for a sidewalk art show on October 7. Alderman Boyd stated that the executive committee of the down- town merchants unanimously approved this request. City Attorney H. P. Hodge, Jr. mentioned some of the problems regarding liability insurance. The Council felt that the art association should purchase liability insurance to cover this sale on this day. Moved by Alderman Boyd that the Wichita Falls Art Association be granted a variance in the ordinance to allow them to have a sidewalk show on October 7, 1972, and that a hold harmless agreement and/or insurance requirement be incorporated into the agreement. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7b Discussion was again held on large dead animal collection and disposal operation. Moved by Alderman Campsey that the City Manager be authorized to continue to negotiate the contract with the County on a three-year basis; that the terms be approved as outlined, and that the contract be brought back for final approval at the next council meeting. Motion seconded by Alderman Taylor, and carried unanimously. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Still, and carried unanimously. The Board of Aldermen adjourned at 11 :13 A.M. PASSED AND APPROVED this _1 �Aay of 1972. ATTEST: 1 Mayor City Clerk