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Min 10/09/1972 632 Wichita Falls , Texas Memorial Auditorium Building October 9, 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: Larry Lambert Mayor Pro tem Harry Campsey Harrison E. Taylor Willard Still Aldermen J. C. Boyd, Jr. X Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk J. Winston Wallander Absent The invocation was given by Mayor Pro tem Lambert. Item 3 Moved by Alderman Campsey that minutes of the meeting held September 19, 1972, be approved. Motion seconded by Alderman Boyd, and carried unanimously. r Items 4 & 5 The public hearing was opened on the proposed budget and appropriations for _. ✓ the fiscal year 1972. The City Manager explained that the budget and budget mess- age were filed with the City Clerk in early September, and reflects the recommended appropriations and tax rates. The appropriation ordinance calls for expenditures of $9,820,731.00 for the City's four operating funds , and $3,425,271.00 for the debt service requirements of the City. The tax rate ordinance calls for a total city tax rate of $1.88 per $100 of assessed valuation. Total projected revenues combined with balances brought forward equal $13,330,220.00. No one else desired to be heard, and the public hearing was closed. YI ORDINANCE NO. 2739 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILD- INGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1972 , AND ENDING SEPTEMBER 30, 1973, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS , AND DECLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2739 be passed. Motion seconded by Alderman Taylor. Alderman Campsey stated that he believes this is a fine budget in spite of all the rise in costs. Alderman Boyd stated that he feels this budget shows an effort to hold the line on expenses. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None 633 Item 4 & 5, cont'd. �� j/ ✓ ORDINANCE NO. 2740 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1972-1973 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PRO- VIDING FOR THE ASSESSMENT OF ALL ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2740 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None 1 Item 6a A proposed ordinance was presented extending hours for sale, possession, and consumption of alcoholic beverages. A ORDINANCE NO. 2741 AN ORDINANCE ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE, REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMITTEES , AND TO CON- SUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT; PROVIDING AN EFFEC- TIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR LICENSE FEE; RE- PEALING SECTION 4-10 OF THE CODE OF ORDINANCES. Moved by Alderman Boyd that Ordinance No. 2741 be postponed until the first meeting in November. Motion seconded by Alderman Still. Alderman Taylor stated that he would like to hear more from the pros on this subject. Browning Higgs, of Falls Distributing Company, 111 Lake Street, appeared stating that it is not a wet and dry issue at all, but rather equating the laws all over the state. He stated that they are a rather large organization here and pay their way, and furnish a lot of entertainment for the City. He stated that he moved here two years ago from Amarillo. Alderman Boyd inquired if he could site any specific examples of Amarillo losing any convention because of the drinking hours. Mr. Higgs recalled that the American Legion and Jaycees were two groups. It was pointed out that closing of illegal places is vested in the state Alcoholic Beverage Commission. Alderman Boyd inquired how an extension of hours would provide more revenue to the City and State. Mr. Higgs stated that there is a ten percent charge on private clubs, and one percent on the other. An extended after hours permit would be required from each establishment request- ing it. Alderman Taylor stated that he is opposed to unregulated sales , and he feels we should not table it, but vote on it now. Curtis Conner appeared, who is employed by Safeway Liquor Stores. He sited an example of the Pioneer Bowl held here last year regarding servicing private clubs in motels. He explained that they carry wholesale and retail licenses. Alderman Still pointed out that this short notice has not given the community and people time to respond to this proposal. The motion to postpone action was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None 634 Item 6b Mayor Pro tem Lambert explained that he and Alderman Still had met with a committee of the homebuilders last week. He commented that it was their under- standing that there was a profit of between $25,000 and $27,000 in the Building Inspection Operations. The City Manager stated that there were direct expenses last year in the amount of $65,500, and indirect expenses in the amount of $12,000, for a total of $77,500, against a total revenue of $80,750.00. By raising the building inspection fees it would increase the revenue about $5,000.00 each year. There were some other routine discussion and questions raised by various members of the Council. The City Manager explained that there are some direct costs which are not funded through the Building Inspection Department, such as the Planning and Traffic Departments in some instances. Alderman Still stated that he believes the ordinance proposed is a fair and reasonable fee schedule. ✓ ORDINANCE NO. 2742 AN ORDINANCE AMENDING SECTION 7-15, PARAGRAPH THREE (3) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , PROVIDING FOR BUILDING INSPEC- TION FEES. Moved by Alderman Still that Ordinance No. 2742 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Item 6c A proposed ordinance was presented setting refuse collection rates on certain 1� properties abutting alley paving projects. rORDINANCE NO. 2743 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Taylor that Ordinance No. 2743 be passed. Motion seconded by Alderman Campsey. Ernest Lillard, Director of Public Works, explained the City's policy on alley paving, and the procedure used to secure paving and payment of the charges for it. Alderman Still commented that he felt the City was treating those people the same that pay ahead of time as those that take several months to pay. He further stated that if we are going to give theme es efineaed money, then why payshould we wait 15 months to begin requiring/ Mayor ?ro tem �ambert pointed out that these comments will not affect this ordinance since the policy has already been set, but it might affect future policies. He requested a full report on this. Alderman Taylor stated that he felt we should leave the policy as it is now. The motion for passage of the ordinance was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Item 6d Plat fees were discussed. Mayor Pro tem Lambert recommended that this ord- inance be postponed until a later time, in order that the committee may meet again, and report to the Council. Eli Lam, 2113 Wenonah, stated that the homebuilders could put in writing their objections to this proposal, and that they would be glad to outline their desires on this matter. Alderman Still complimented Mr. Lam and his committee on their presentation when they met with them. I 635 Item 7a Permission was requested to make application with the Department of Housing and Urban Development for federal funds for parks improvements. A list of local funds available was read. The City Manager explained that obtaining all these funds will have to be successfully completed in order to receive the grant. Alderman Still inquired if there were any strings attached to receiving the mon- ies from Levi Strauss. The City Manager stated that we have received half of it, and will receive the other half upon a successful attempt to collect the other monies. RESOLUTION NO. 1349 WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to states and local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned devel- opment of the urban area; and, WHEREAS, the City of Wichita Falls, Texas, herein sometimes referred to as "Applicant", desires to acquire and develop the fee simple title to certain land in Wichita Falls, Wichita County, Texas, described in Exhibit A attached hereto, which land is to be held and used for permanent open-space land for parks and recreation; and, WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed; and, WHEREAS, it is recognized that the contract for federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land project are offered decent, safe and sanitary housing, (2) compliance with federal labor standards, and (3) compliance with federal require- ments relating to equal employment opportunities ; and, WHEREAS, it is estimated that the cost of acquiring said interest will be $6,000.00, and, WHEREAS, it is estimated that the cost of development of said land and others as described in application will be $174,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $90,000.00, and that the Applicant will pay the balance of the costs from other funds avail- able to it. SECTION 2. That the City Manager is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development, to provide additional information and to furnish such documents as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the Applicant. SECTION 3. That the proposed acquisition and development is in accordance with plans for the allocation of land for open-space uses , and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said application and approved by the Department of Housing and Urban Development. SECTION 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 636 Item 7a, contd. SECTION 5. That the United States of America and the Secretary of Housing j and Urban Development be, and they hereby are, assured of full compliance by the Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. Moved by Alderman Campsey that Resolution No. 1349 be passed. Motion seconded by Alderman Still. Forrest Whan, 4100 Emerson, inquired how much it will cost per year to operate the proposed swimming pool at Lucy Park. The City Manager stated that they are hopeful that the maintenance and operational costs will be funded by fees charged for swimming. Wayne Norman, 3324 York, inquired if the Council has considered a children's ZOO. Lloyd Rigby explained that in 1967 a zoo was presented in referendum, and it was defeated. Eventually, they hope to have a tame animal zoo, but it is not in the proposal before us. The motion for passage of Resolution No. 1349 taas carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Moved by Alderman Still that the Council go on record extending sincere gratitude to Levi Strauss Corporation for this grant, and for their willingness to participate in the cultural growth of Wichita Falls. Motion seconded by Alderman Campsey, and carried unanimously. Moved by Alderman Boyd that the following associations be thanked individually for their contributions, and that an appropriate letter be sent to them. a. Sunnyside Association (Lamar Park) b. University Kiwanis Club (Kiwanis Park) c. Downtown Lions Club (Jaycee & Lions Parks) d. Eastside Development Association (Williams Park) e. Sunrise Optimist f. Southside Girls ' Club (Southern Hills Park) Motion seconded by Alderman Campsey, and carried unanimously. Item 7b Change Order No. 3 and Supplemental Agreements Nos. 2 and 3 to the Fort Worth and Denver railroad relocation project were recommended for approval. Ernest Lillard, Director of Public Works, explained the necessary changes required. Moved by Alderman Still that Change Order No. 3 and the Supplemental Agreements Nos. 2 and 3 be approved as recommended. Motion seconded by Alderman Boyd, and carried unanimously. Item 7c The referendum election on controlled flouridation of the City's water supply was discussed. City Manager Gerald Fox explained that he had talked with the j County Judge regarding the possibilities of holding this election in conjunction with the general election, and that he was agreeable to it. City Attorney H. P. Hodge, Jr. could find no legal prohibitions against doing so. RESOLUTION NO. 1350 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: 637 Item 7c, cont 'd. An election shall be held in the City of Wichita Falls, Texas on November 7, 1972, at which election there shall be submitted the proposition as to whether or not Resolution No. 1338, which provides for a program of controlled flouridation of the city water supply by which the flouride content shall be 1.0 part per million, shall be adopted. The official ballots for said election shall permit the electors to vote "For" or "Against" the aforesaid proposition, which shall be set forth in substantially the following form: FOR ) RESOLUTION NO. 1338, WHICH PROVIDES FOR _ ) CONTROLLED FLOURIDATION OF THE CITY'S WATER AGAINST ) The said election shall be held at the following named places with the follow- ing named persons as Presiding Judges and Alternate Presiding Judges : (The voters residing in the corporate limits of Wichita Falls within the County Precinct numbers given herein vote in the voting places as shown below.) VOTING PLACES AND JUDGES , MUNICIPAL ELECTION, NOVEMBER 7, 1972. COUNTY PRECINCT NUMBER VOTING PLACE JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Courthouse Mrs. Guy Beard 7th and Lamar Mrs. L. L. Kuntz, Alternate 2 Travis School Mrs. Flip Hoskins 300 3rd Street Mrs. Maggie Satterwhite, Alternate 3 Holland School Mrs. M. 0. Moore 205 Jalonic Mrs. H. H. Wright, Alternate 4 Lamar School Bob Wise 2206 Lucas Mrs. Lanora Taylor, Alternate 5 Bonham School Mrs. Mildred Jernigan 3101 Armory Ralph C. Fulkerson, Alternate 6 St. Paul Lutheran School Mrs. Edwin G. Brown 2222 Brook Mrs. Margaret Pridgen, Alternate 7 Washington Kindergarten James Williams 700 Flood Mrs. Howard Kirby, Alternate 8 Fain School Mrs. A. D. January 1562 Norman Mrs . Al C. Flack, Jr. , Alternate 9 Lamar Street Pharmacy Dan Rivkin 1500 Lamar Mrs. Catherine DeMontel, Alternate 10 Naval Reserve Station Mrs. Agnes Whitlock 1823 5th Street Mrs. G. M. Howard, Alternate 11 Reagan Junior High School Mrs. A. H. Hulsey 1104 Broad Mrs. Philip Haubert, Alternate 12 Field & Stream Hdqrs. Mrs. David K. Langford Southwest Parkway Mrs. Tommy J. Leach, Jr. , Alternate 13 & 61 Fannin School Mrs. Mozelle Laseman 710 Burk Road Mrs. Myrtle Laseman, Alternate 14 First Church of God Mrs. Hurshel Johnson 3200 Cheryl Mrs. Forrest Collins, Alternate 638 Item 7c, cont'd. 15 Alamo School Mrs. R. E. Benson 1912 llth Street Mrs. Patti Faye Gentry, Alternate 16 Rider High School Mrs. Geo. D. Elliott 4611 Cypress Mrs. James M. Massey, Alternate 17 Assembly of God Church Mrs. R. B. Dodd 2121 Broad Mrs. Lee Callaway, Alternate 18 Hirschi High School H. L. Petete 3106 Borton Mrs. H. L. Petete, Alternate 19 Wichita Falls High School James B. Farmer 2149 Ave. H P. R. Flake, Alternate I 20 Zundelowitz Jr. High School John J. Kemp 1706 Polk Mrs. I. C. Presson, Alternate 21 Harrell School Mrs. Claude E. Harris 3115 5th Mrs. E. D. Eager, Alternate 22 Buchanan Street Fire Station Mrs. Kenneth Ray Farabee 1800 Buchanan Mrs. H. F. Draper, Alternate i 23 Knights of Columbus Bldg. John Keen Turtle Creek Road Mrs. Pete Kizis, Alternate 24 Sam Houston School Mrs. Geo. W. Stracener 2500 Grant Mrs. Otis Hickey, Alternate 25 Skyline Developers, Inc. Wayne Ferguson 4301 Seymour Road Mrs. James Brosch, Alternate 26 & 27 Kate Haynes Elementary School Mrs. Jim Barnes Smith 1702 Katherine Mrs. M. C. Scott, Alternate 30 Clark Student Center Mrs. Frank Gibson (Midwestern University) Mrs. Arthur Beyer, Alternate 31 French Quarter Apts. Mrs. Vance L. Harbor 4021 Taft Mrs. Sibyl E. Freeman, Alternate 40 Bowie School Mrs. C. L. Pierce Trout Street Henry F. Turner, Alternate 41 Huey School Mrs. Howard Denney 1513 N. 6th Mrs. A. J. Grimes, Alternate 42 City View School Mrs. D. A. Shook Mary Baum, Alternate 43 Ben Franklin School Mrs. Erton Tate 2112 Speedway Charles D. Morrison, Alternate 44 Giddings Street Fire Station A. F. "Prof" Edwards Mrs. C. A. Wainscott, Alternate 45 Crockett School Mrs. J. Winston Wallander 3015 Avenue I Mrs. Wm. V. Browning, Alternate 46 Texas Highway Dept. Building Mrs. Wylie T. Morgan Wichita Gardens, 227 N.Beverly Mrs. Bill Ritchie, Alternate 47 Carrigan School Mrs. Cecil A. Pitt 1609 Blonde Melton Kunkel, Alternate 48 Wichita Falls State Hospital Mrs. M. Z. Eavenson Mrs. Edrie Surginer, Alternate 50 McGaha School Richard R. Newton 1615 Midwestern Parkway Mrs. Pete Graham, Alternate 639 Item 7c, cont'd. 51 Faith Masonic Lodge Mrs. Ernest E. Wood 3503 Kemp Blvd. W. E. Riner, Alternate 52 Ben Milam School Mrs. John T. Penn 3960 Stearns Mrs. Edmund Majewski, Alternate 53 School Warehouse Office Mrs. George H. Wyatt 2001 5th Mrs. V. M. Tillerson, Alternate 54 Federated Club Center Curtis N. Thomas 604 Sullivan A. B. Foreman, Alternate 55 Cunningham School Mrs. Charles Box 4107 Phillips Mrs. Clyde W. Lane, Alternate 56 Trinity Presbyterian Church Mrs. Titus T. Mitchell Hughes & Phillips Dr. Mrs. Sarah Lewis, Alternate 57 Fowler School Elton Penrod 5100 Ridgecrest Mrs. Charles Gregg, Alternate 58 Texas Highway Dept. Henry J. Anderson 1601 Southwest Pkwy. Barbara Cameron, Alternate 59 Allendale Baptist Church Mrs. George Bartosh 6311 Seymour Highway Mrs. Olan L. Balch, Alternate The City Clerk shall cause a copy of this resolution to be published at least one time, not more than twenty-five days nor less than ten days before the election in a daily newspaper published in the city. Moved by Alderman Campsey that Resolution No. 1350 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Item 7d A proposed resolution was presented authorizing advertisement of bids for airport expansion. It was explained that the cost will be sustained by those using it. RESOLUTION NO. 1351 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The plans and specifications prepared by Mr. Joe B. Roberts for the Airport Terminal Expansion Project are hereby approved, and the City Manager is authorized to advertise for bids for such project. Moved by Alderman Taylor that Resolution No. 1351 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough Nays : None Item 8 Moved by Alderman Still that minutes of the meetings of the following Boards and Commissions be received. a. Traffic Commission - September 12, 1972 b. Planning Board - September 13, 1972 c. Aviation Advisory Board - September 20, 1972 640 Item 8, cont`d. d. Park Board - September 26, 1972 Motion seconded by Alderman Campsey, and carried unanimously. I Alderman Boyd commented on annexation procedures. Item 9 Moved by Alderman Campsey that water reimbursement contract payments in the amount of $1,090.49, and sewer reimbursement contract payments in the amount of $343.40, be approved for a total amount of $1,433.89, as follows. Skyline Developers, Inc. , Water, Fountain Park, Section 1-B, Exhibit A, from August 2, 1971 to August 2, 1972; $661.74 John Mark Hirschi, Water, Willow Brook Addition, Section No. 1, from August 31, 1971 to August 31, 1972; $428.75 Skyline Developers, Inc. , Sewer, Fountain Park, Section 1-B, Exhibit A, from August 2, 1971 to August 2, 1972; $296.98 John Mark Hirschi, Sewer, Willow Brook Addition, Section No. 1, from August 31, 1971 to August 31, 1972 ; $46.42 Motion seconded by Alderman Still, and carried unanimously. J ' Marvin Satterwhite, 3005 Borton, commented on cars, motorcycles, and scooters without mufflers , driving by his house. City Attorney H. P. Hodge, Jr. , stated that he is not sure whether motorcycles and scooters are covered under the same state law as cars. Mr. Satterwhite stated that they start as early as 9:00 a.m. , and may be as late as 1 :30 a.m. He also commented on the Hirschi High School band practicing in the street, stating that they take the whole street. He was j hopeful that something can be done about both situations. The question of noise abatement was referred to Mr. Yeager. Don Whan, 1806 Ridgemont Drive, commented on bicycle licensing. He stated that he would like the Council to enforce this ordinance or remove it from the books. The City Manager stated that the staff has been looking into this matter, and will try to have a recommendation within the next 30 days. Moved by Alderman Still that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 12 :08 P.M. PASSED AND APPROVED this cl�hc ,day of ,�PJS.% 1972. Mayor ATTEST: City Clerk 641 Wichita Falls , Texas Memorial Auditorium Building October 23, 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 Aldermen 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 invocation was given by Alderman Lambert. i Item 3 Alderman Still corrected a portion of Item 6c in the minutes of the meeting held October 9, 1972, pertaining to the alley paving payment plan. The correction was why should we wait 15 months "to begin requiring payments to be made." i Moved by Alderman Campsey that minutes of the meeting held October 9, 1972, be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. i Item 4a f A proposed ordinance was presented restricting parking on portions of Mid- western Parkway, California, Chester, and Commerce Streets. ORDINANCE NO. 2744 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 DECLARING AN EMERGENCY. Moved by Alderman Lambert that Ordinance No. 2744 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 4b % Discussion was again held on a proposed ordinance providing a fee for review- ing and processing plats. Alderman Lambert stated that several meetings ago a proposed ordinance establishing fees for reviewing and processing plats was recommended. It has been tabled different times , and the Mayor appointed he and Alderman Still to serve on a committee to study the proposal. They met with the homebuilders, and are now recommending what is in the agenda folder. They re- commend that the fees for preliminary and final plats be the same. They have also added an exception regarding replats occasioned by governmental action and/or replats of five lots or less. The homebuilders still have some objection to this, but they also recognize that other cities also have some charge for this servli.ce. 642 Item 4b, cont'd. ORDINANCE NO. 2745 AN ORDINANCE AMENDING ORDINANCE NO. 2118, THE SUBDIVISION ORDINANCE, TO PROVIDE A FEE FOR REVIEWING AND PROCESSING PLATS. Moved by Alderman Lambert that Ordinance No. 2745 be passed. Motion seconded by Alderman Taylor. Dub Dennis appeared as a homebuilder and developer. He stated that even though they may not be considering something that is of a tremendous expense to this industry, they do not want to get to the place where an added fee would be "the straw that breaks the camel 's back." He mentioned some ageas of in- creased costs to builders, such as discontinuance of water and sewer reimburse- ment contracts, increased costs of streets and drainage, and increases in per- mit fees. He stated that all of these increases make a lot very expensive to develop. He stated that they are an industry in Wichita Falls. They believe that the function of the Planning Board is for the benefit of the citizens of Wichita Falls. He stated that the Planning Board or staff does no service for him as a developer except seeing that it complies with the regulations of the City. Their plats are professionally planned before they are brought to the Planning Board. He stated that money to the city should come from increased taxes , and not from this type of thing, or raising of plat fees. Bill Rowland, of Rowland and Dudley, stated that they build homes and sell real estate. They do not develop lots. He stated that there is not too much development in Wichita Falls. He mentioned that inspection fees have already been raised. He requested that they leave it alone as it is , and mentioned the recent decrease in the tax rate. Eli Lam appeared as a homebuilder and developer, stating that he feels our city can use an improved climate for homebuilding. They are concerned by the sum total of all things that become obstacles to their industry little by little. They request that no ordinance be passed at all. He estimated that it would cost over $200.00 for the Planning Board to review the plat. It is not the amount of the plat fee, especially, but the total of all costs added together. If the Council does pass an ordinance they would recommend that the fee be set not at the highest figure, but somewhere in the middle range, or $10.00. Jerry Wood, 1007 Cindy Lane, appeared as President of the Wichita County Homebuilders. He inquired if they replatted five lots would there be an addi- tional fee? It was explained by Alderman Lambert that no additional fee would be required on five lots or less. He inquired if the City needed the additional income of $2,000. Alderman Lambert stated that income is not the sole provision, but that the City could use the income. Mayor Wallander stated that inflation has hit the homebuilders and the City as well. This is one way of meeting the inflationary pressures . Mr. Wood proposed that this ordinance be shelved. Dub Dennis inquired concerning changes in plats for minute details or mechan- ical problems. He questioned whether this would cost him again. He cited an example of him changing his mind on the size of each lot, but which would not affect the overall plan. Stephen Ondrejas , Director of Planning, explained that they would have to look at street and drainage requirements again. The City Manager stated that there would be less time spent in the review the second time than in the original plat. Mr. Dennis strongly recommended that the fee not be charged for replats , regardless of the reason for them. John Hirschi stated that it seemed that they would be aggravating the prob- lem of development and building in our city. He stated that surrounding commu- nities are making it more attractive to build in other cities. He stated that some people are working here and living outside the city limits , and not paying city taxes . Elvin Dudley, with Rowland and Dudley builders , stated that they employ 45 people besides sub-contractors, and that they are having trouble finding lots to build homes on. It was his belief that anytime the governing body places too many restrictions on the industry, then they will go other places to build. He charged that additional fees would be a harassment to the building industry. He recommends that this ordinance not be passed, but if they do, then pass some- 643 Item 4b, cont'd. thing on a flat fee basis. Alderman Lambert took exception to these remarks , stating that this is a false charge. He stated that there is no effort on the part of the City to harass the homebuilders. Mr. Dudley stated that they do not feel that they are harassing them individually. Alderman Taylor stated that he felt the homebuilders may have priced themselves out of business. He does not believe this is unreasonable. Jerry Wood stated that he felt Elvin Dudley did not mean that the Council was harassing them, and he apologized for the homebuilders. Alderman Lambert stated that perhaps he took it wrong. Mayor Wallander stated that he understood it as Mr. Dudley apparently meant. Dub Dennis stated that he feels that we should consider seriously that we not do things to drive people from Wichita Falls. He stated that Wichita Falls means a lot to him, and he would like to stay competitive. He explained that cost of the land determines the cost of the development. Development costs are different in other cities. Mayor Wallander stated that as long as Wichita Falls is larger than Burkburnett and Iowa Park, the land will always be higher. Mr. Dennis stated that all the costs he incurrs goes into the sale price of the house, but they want to be competitive. Efforts to obtain industry was mentioned. Mayor Wallander stated that he does not know of any Council who has been more desirous in working with the BCI in obtaining industry for Wichita Falls. Alderman Lambert amended an exception to the Ordinance. Exception No. 5 would read, "Replats occasioned by governmental action." Exception No. 6 would be added to read, "Replats modifying five lots or less." City Manager Gerald Fox stated that the City feels they are offering a ser- vice to the citizens and homebuilders by reviewing plats. Without this process it would be much more difficult for land sales to take place for development purposes. The fees here are not developed to even come near recouping the costs for providing this service to the public. He feels the Council should consider establishing the plat filing fee. Alderman Boyd inquired about the fee schedule for other cities. The City Manager explained that they have the information, but that he does not have it with him at this time. Alderman Still stated that they had heard the charge that the Planning Depart- ment does not provide a service to the homebuilders. Stephen Ondrejas, Director of Planning, mentioned the pre-plat conference in which information is brought out that the builder is not aware of. Also, many times they have found overlaps where two different people have tried to plat the same property. Sometimes local engineers have made slight calculation errors in which they have been able to point out and save the developers money. Eddie Whitnell, Director of Traffic, mentioned that the Traffic Department also meets with the developers many times. Ralph Hibbs of the bricklayers union, stated that workers wages have been lowered; that pre-fab homes are being advocated by H.E.W. , and that the workers of Wichita Falls recognize the need to keep the costs down. A substitute motion was moved by Alderman Still that because there have been some statements made that should not have been made, that they postpone this again until November 7 to weigh the merits of what has been said. Motion seconded by Alderwoman McCullough. Ernie White appeared in favor of keeping homebuilding costs down, and oppos- ing the plat review fees. He explained that he is presently having a home built. The motion to postpone action on plat fees was carried unanimously. Item 4c A proposed ordinance was presented amending the electrical code. City Attorney H. P. Hodge, Jr. pointed out two minor typographical corrections to be made in the printed copy. 644 Item 4c, cont'd. J . ORDINANCE NO. 2746 AN ORDINANCE AMENDING SECTION 14-51 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , PROVIDING FOR CHANGES IN THE ELECTRICAL CODE OF THE CITY OF WICHITA FALLS , TEXAS. Moved by Alderman Still that Ordinance No. 2746 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 5a A proposed resolution was presented authorizing transfer of city owned property l to the Texas Highway Department. This is a small portion of a tract occupied by a fire station but will not affect the use or operation of the fire station. RESOLUTION NO. 1352 WHEREAS, the City of Wichita Falls and the Texas Highway Department are co- operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls ; and, WHEREAS, by contract signed January 31st, 1968, the City and the Texas High- way Department agreed that they would share equally in the cost of the right-of- way for this project; and, WHEREAS, the parcel hereinafter described is owned by the City of Wichita Falls and the Texas Highway Department has approved a value of One Hundred Dollars ($100.00) for such parcel which is required for right-of-way for this project; and, WHEREAS, the Texas Highway Department will pay the City an amount equal to fifty percent (50%) of the total value of this parcel required for right-of-way as soon as a deed thereto from the City to the State of Texas has been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The City Manager, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute a deed conveying unto the State of Texas the following tract or parcel of land situated in Wichita County, Texas , to-wit: Parcel 191 which is specifically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deed shall be the sum of fifty percent (50%) reimburse- ment of the value of One Hundred ($100.00) Dollars for the said property under the terms of the above mentioned contract. Such deed shall reserve all of the oil, gas, and sulphur under the land conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Moved by Alderwoman McCullough that Resolution No. 1352 be passed. Motion seconded by Alderman Taylor. Alderman Still inquired if this $100.00 figure is consistent with other trans- actions. The City Manager explained that the damage to the remainder of the property probably was not considered. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 645 Item 5b A proposed resolution was presented authorizing updated proposals to property owners on Kell Freeway. RESOLUTION NO. 1353 WHEREAS, by the adoption of Resolution No. 1094, the Board of Aldermen of the City of Wichita Falls had heretofore found that it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-071, and approved the appraised value of such property; and, WHEREAS, the appraisal of such property has now been updated by the independent appraiser employed by the Texas State Highway Department to reflect present market prices, and this updated appraisal has been approved by the Texas State Highway Department and has been studied by the Board of Aldermen, and a copy of same 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 propertyto be purchased by Warranty Deed is as follows : Kell Freeway - Project 52-071 Warranty Deed 6400 S.F. out of Block 1, Ed Wilson Addition Combined total of value approved in this resolution ----------------$9,040.00 SECTION NO. 2 The updated value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State High- way Department, or the City of Wichita Falls, by Warranty Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the state approved value as determined from the updated appraisal (rather than the original appraisal approved by the resolution set out above) made by the independent real estate appraiser employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase such tract for such approved updated value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1353 be passed. Motion seconded by Alderman Lambert. Following a question, the City Manager explained that the City reviews the appraisals made by the State before they are presented to the Council. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5c A proposed resolution was presented establishing the fair market value of a tract of land adjacent to Lucy Park to be acquired for park purposes. RESOLUTION NO. 1354 WHEREAS, the City of Wichita Falls is filing with the Department of Housing and Urban Development an application for a grant for acquisition of some additional land for and development of Lucy Park and eleven other parks, which application and project has been authorized by Resolution No. 1349; and, 646 Item 5c, cont'd. WHEREAS , in order to carry out this project,the board of Aldermen of the City Wichita Falls has found and determined that it is necessary to acquire the fee simple title to such tract of land described in Exhibit A, which is attached here- to and incorporated herein, for parks and recreation purposes; and, WHEREAS, such property has been appraised independently by two competent professional appraisers selected by the City, and their appraisals are in the po- ssession of the Director of Parks and Recreation. The appraisals have been reviewed by a competent staff appraiser, who found the appraisal reports acceptable and properly documented, and he found the appraisal reports acceptable and properly documented, and he determined for such parcel his opinion of the fair market value thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary that the City acquire the fee simple title to the property described in Exhibit A for parks and recreation purposes. SECTION 2. The fair market value of such parcel is hereby established as $7,200.00. SECTION 3. The City Manager is hereby authorized to purchase such tract of land by warranty deed for the City of Wichita Falls ; the authorized price to be paid for such tract is the fair market value established above. SECTION 4. In the event the City Manager is unable to purchase such tract of land for such value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain the fee simple title to such tract of land for the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1354 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 5d A proposed resolution was presented authorizing execution of land acquisition for Lucy Park. i RESOLUTION NO. 1355 WHEREAS, the City of Wichita Falls is filing with the Department of Housing and Urban Development an application for a grant for acquisition of some additional land for and development of Lucy Park and eleven other parks, which application and project has been authorized by Resolution No. 1349, and the City, has been re- quested to give certain assurances with respect to compliance with the Land Ac- quisition Requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City of Wichita Falls hereby assures that it has authority under State law to comply with Section 305 of the Act and agrees that: (1) In acquiring real property in connection with this project the City will be guided to the greatest extent practicable under State law, by the land acquisi- tion policies set out under Section 301 of the Act and the provisions of Section 302 thereof; (2) Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; and (3) The costs to the City of providing payments and assistance hereunder shall be borne in accordance with Section 211 of the Act; (4) Affected persons will be adequately informed of the benefits , policies and procedures provided in the regulations in this part; 647 Item 5d, cont'd. (5) The City will execute, furnish and be bound by, such additional docu- ments as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided hereunder. This Resolution shall be made part of and incorporated in such application. Moved by Alderman Boyd that Resolution No. 1355 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 5e t' A proposed resolution was presented calling a public hearing on November 7, 1972 at 10:00 A.M. , for annexation of various tracts of land. i RESOLUTION NO. 1356 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 10:00 o'clock A.M. on the 7th day of November, 1972, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexa- tion proceedings , annexing those tracts of land shown on the attached sketches marked Area I, Area II, Area III, Area VI, and Area VII. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1) time in a newspaper having general circulation in the city and in the territory proposed to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. Moved by Alderman Lambert that Resolution No. 1356 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 6 Permission was requested to advertise for bids for an annual supply of pre- mixed concrete and bulk cement for all city departments. Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 7 J Moved by Alderwoman McCullough that minutes of the meetings of the following boards and commissions be received. ' a. Planning Board - October 11, 1972 b. Board of Electrical Examiners - September 12 and October 10, 1972 C. Traffic Commission - October 10, 1972 Motion seconded by Alderman Still, and carried unanimously. A special meeting of the City Council was called for October 31, 1972, at i 10:00 A.M. , for matters pertaining to Lake Kemp. 648 f Alderman Lambert mentioned that after hours sale and consumption of alcoholic beverages had been tabled until the next meeting. He recommended that hours for dances should also be considered at that time. / , Alderman Taylor mentioned the accidents at Kell and Lawrence Road. The City Manager explained that this intersection had been scheduled to receive im- provements under a TOPICS program, including signalization and widening for left turn lanes . Eddie Whitnell, Director of Traffic, explained that this matter would be before the Highway Commission in November for funding. He further stated that he did not feel that lack of a signal caused this accident. Moved by Alderman Still that the employees of the City of Wichita Falls be commended for their fine participation in the United Fund by exceeding their goal. Motion seconded by Alderman Boyd, and carried unanimously. Mr. Vaughn appeared regarding a house at 1405 14th, which needs to be torn down. He had been given 60 days from September 11 to demolish it, but has not had time to accomplish it. The matter was referred to Ernest Lillard. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Still, and carried unanimously . The Board of Aldermen adjourned at 11:45 A.M. PASSED AND APPROVED this 7z Zj day of /r-j�✓--- �it� 1972. 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