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Min 05/18/1982 343 Wichita Falls, Texas Memorial Auditorium Building May 18, 1982 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 8:30 o'clock A.M. , with the following members present. Gary D. Cook Mayor Gene Shearman John W. Hampton Craig A. Wilson Aldermen Howard M. Morris Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer Carol G. Russell Absent - - - - - - - - - - The invocation was given by Harvey McMurray, City View Baptist Church. - - - - - - - - - - Item 3 Moved by Alderman Hampton that minutes of the meeting held May 4, 1982, be approved. Motion seconded by Alderman Boston, and carried unanimously. - - - - - - - - - - Items 4a - 5a Moved by Alderman Wilson that the Consent Agenda be approved. Motion seconded by Alderman Morris. Item 4a RESOLUTION NO. 82-82 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH UNITED STATES DEPARTMENT OF THE INTERIOR WATER RESOURCES DIVISION FOR CERTAIN WATER SOURCE INVESTIGATIONS FOR 1981-82 STATE FISCAL YEAR. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, A certain contract, copy of which is attached hereto, between the City of Wichita Falls and the Geological Survey of the United States Department of the Interior, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None Item 4b RESOLUTION NO. 83-82 RESOLUTION APPROVING TAX ADJUSTMENTS #81-1 THROUGH #81-348. WHEREAS, the Tax Department has accounts, totaling a net loss of $8,432.88, that need to be adjusted for the following reasons : added on to roll , late senior citizens' exemptions, late veterans ' exemptions, reduction of appraisal , property 344 Item 4b, cont'd. not in jurisdiction, double assessments , computer entry errors, problems in computing, City owned property deleted from rolls, school owned property deleted from rolls, Soldier's/Sailor's Relief Act exemption, and religious property exemption; and, WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting and Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such tax adjustments, #81-1 through #81-348, are hereby approved. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None Item 4c RESOLUTION NO. 84-82 RESOLUTION AUTHORIZING PAYMENT OF RETAINAGE OF FIRST PHASE OF 1981 STREET RECONSTRUCTION PROGRAM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to pay to Timmins-Anderson Corporation the sum of $55,751.93 which was retained in the first phase of the 1981 Street Reconstruction Program. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None Item 4d RESOLUTION NO. 85-82 RESOLUTION APPROVING FINAL ESTIMATE AND CHANGE ORDER #3 AND ACCEPTING CONSTRUCTION OF WATER MAIN ON KEMP BLVD. AND ALONG KELL BLVD. WHEREAS, the City of Wichita Falls and Crookham and Vessels, Inc. , as contractor, entered into a contract on June 22, 1981 wherein said contractor agreed to construct water mains on Kemp Blvd. and Kell Blvd. ; and, WHEREAS, Change Order #3 in the amount of $2,005.19 increase to the contract due to adjustments in the final quantities and necessary changes during construction to tie in new system to existing lines has been submitted; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the final estimate, including Change Order #1, #2, and #3 has been submitted on this project which estimate shows a total amount of $377,212.46 of which $317,519.72 has been paid to the contractor, leaving a balance due of $59,692.74. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the water mains on Kemp Blvd. and Kell Blvd. is accepted by the City of Wichita Falls, Change Order #3 and the final estimate are approved, and the City Manager is directed to pay to the contractor the amount due of $59,692.74. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None Item 5a A public hearing on hazardous structures was scheduled for June 1, 1982. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - 345 Item 6a Mr. Delmar Bennett was honored as the May Employee of the Month. Mayor Cook presented him with a plaque, and two tickets each to a theature and dinner. - - - - - - - - - - Items 6b and 7b were deleted. - - - - - - - - - - Item 7a Proposed ordinances were presented appropriating monies from the General and Park Grants funds for a boat launching ramp at Lake Arrowhead. ORDINANCE NO. 56-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Morris that Ordinance No. 56-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None ORDINANCE NO. 57-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE PARK GRANTS FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 57-82 be passed. Motion seconded by Alderman Morris , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays : None - - - - - - - - - - Item 7c A proposed ordinance was presented providing an alternative option to those convicted of misdemeanor charges in Municipal Court. ORDINANCE NO. 58-82 ORDINANCE PROVIDING FOR DISCHARGE OF A FINE ASSESSED IN MUNICIPAL COURT BY PERFORMANCE OF SERVICES FOR THE CITY OF WICHITA FALLS. Moved by Alderman Shearman that Ordinance No. 58-82 be passed. Motion seconded by Alderman Morris. The City Manager stated that they will be allowed to work off the fine by doing useful work for the City. Minimum wage would be paid. He feels this will benefit the City. It will be on a contract basis , and treated as contract labor. City Attorney H. P. Hodge stated that it is not like any other in Texas . In Houston they work under the direction and custody of police officers. They had a situation there where someone was hurt on the bus going to the job site. The City was liable because he was not furnished a safe place to work. He feels the proposed program here will work. Mayor Cook stated that he feels this is a viable option to provide meaningful work to the City. He would like to see it continued at every other level of Government. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays : None - - - - - - - - - - 346 Item 7d Discussion was held on a proposed ordinance regulating the possession and/or consumption and sale of alcoholic beverages on city park land. Alderman Morris was not in favor of placing all this power in one person. He would like to look very seriously at placing this power in the Parks Board; however, he does not really like either one of these. The City Manager stated that approval might also be given by the City Attorney, Police Chief, and himself. The criteria used in establishing these locations were how far it is away from residential areas. Mayor Cook stated that he would feel more comfortable if the Director of Parks and Police Chief reviewed and presented it to the Parks Board for their consideration. This would help citizens regulate that type of activity in the parks. Alderman Wilson stated that he is not satisfied in the control that we now have, such as the number of police on location. He would also rather they post a bond instead of a fine. He further stated that he was embarrassed for his family and for the City at the chili cook-off in Lucy Park when he saw stumble-down drunks. Bill Hursh, Director of Parks and Recreation, stated that they presently require the sponsoring agent to put up a $500 check for clean-up, and it seems to have worked quite well . Mr. Bach stated that they can re-draft the ordinance with more criteria, and let the Park Board consider it. Moved by Alderman Boston that the ordinance be tabled and re-drafted. Motion seconded by Alderman Shearman, and carried unanimously. - - - - - - - - - - Item 7e Discussion was held on a proposed ordinance setting one regular meeting for the months of June, July, and August. Moved by Alderman Shearman that this ordinance be tabled. Motion seconded by Alderman Wilson. Alderman Shearman stated that under normal circumstances he would probably be in tune with it, but we are now going through some unusual circumstances , and feels we should stay in close communication. Alderman Hampton stated that we could always have a special meeting of the Council . Every department head is required to attend every Council meeting. He feels they could use that time some other way. Alderman Wilson feels we should take a look at meeting at night for every other meeting. This might be an appropriate time to do that. The motion carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Wilson and Morris Nays : Aldermen Hampton and Boston Alderman Shearman requested an ordinance on one night meeting on the next agenda. _01 - - - - - - - - - - Item 8a A proposed resolution was presented approving the expenditure of Community Development Block Grant Funds for utility line adjustments for the Burnett Street Bridge. RESOLUTION NO. 86-82 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CITY UTILITY ADJUSTMENTS ASSOCIATED WITH THE BURNETT STREET BRIDGE PROJECT. 347 Item 8a, cont'd. WHEREAS, Wichita County has heretofore contracted with the Texas Department of Highways and Public Transportation, whereby such Department will design, let and administer a contract for the construction of a new Burnett Street Bridge, the cost of which is to be paid by City, County, and State funds; and, WHEREAS, the City of Wichita Falls has agreed with Wichita County that the City will make a contribution toward the construction of such bridge and assume associated City utility adjustment responsibilities; and, WHEREAS, it is necessary that a twelve inch water line be constructed for the City across this bridge. 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 expend up to $9,050.00 under the Burnett Street Bridge Project to install steel H-beam thrust blocks atop each cap, to install and connect City-furnished mechanical joint water line, from bridge abutment to bridge abutment, and to remove all temporary decking and bracing lumber required for installing such line. Moved by Alderman Shearman that Resolution No. 86-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 8b A proposed resolution was presented authorizing execution of an agreement with Texas Parks and Wildlife Department for a boat launching facility at Deer Creek Park at Lake Arrowhead. RESOLUTION NO. 87-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT CONCERNING CONSTRUCTION OF BOAT LAUNCHING FACILITIES IN DEER CREEK PARK AT LAKE ARROWHEAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Parks and Wildlife Department, concerning the construction of boat launching facilities in Deer Creek Park at Lake Arrowhead, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 87-82 be passed. Motion seconded by Alderman Morris , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, .Morris and Boston Nays : None - - - - - - - - - - Item 8c A proposed resolution was presented approving the Section 8 Existing Housing Assistance Payments Program. The City of Wichita Falls will assume administration and operational responsibility for this program on July 1 from Community Action Corporation. Roger McKinney, Director of Planning, stated that he feels this will provide better coordination in the programs due to changes in federal guidelines. They were already assisting in the program. 348 Item 8c, cont'd. RESOLUTION NO. 88-82 A RESOLUTION APPROVING THE SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM ADMINISTRATIVE PLAN AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the 1981 Housing Assistance Plan, prepared as part of the 1981-82 Community Development Block Grant application, stated that over 3,500 families in Wichita Falls need housing assistance; and, WHEREAS, the Board of Aldermen authorized the City Manager to execute an Annual Contributions Contract with the Department of Housing and Urban Development for the Section 8 Existing Housing Assistance Payments Program; and, WHEREAS, on December 15, 1981, the'Board of Aldermen approved the resolution awarding a six month contract for the administration of the Section 8 program to the Community Action Corporation; and, WHEREAS, the City of Wichita Falls will assume administration and operational responsibility for the Section 8 Existing Housing Assistance Payments Program on July 1, 1982; and, WHEREAS, the Administrative Plan for the Section 8 Existing Housing Payments Program must be revised and submitted to the Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Administrative Plan, revised, for the Section 8 Existing Housing Assistance Payments Program, a copy of such plan attached, is hereby approved; and the City Manager is authorized to submit said plan to the Department of Housing and Urban Development. Moved by Alderman Shearman that Resolution No. 88-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 8d A proposed resolution was presented authorizing the City Manager to sign agreements underthe alternative fine discharge program. RESOLUTION NO. 89-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN AGREEMENTS UNDER THE ALTERNATIVE FINE DISCHARGE PROGRAM. WHEREAS, the Board of Aldermen has approved a program authorizing discharge of fines assessed in Municipal Court by performance of maintenance and improvement services for the City. jW NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The form of the contract to be used under this alternative fine discharge program, a copy of which form is attached hereto, is hereby approved, and the City Manager, or his designee, is hereby authorized to execute agreements on this form with participants in the program. Moved by Alderman Shearman that Resolution No. 89-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - 349 Item 8e Discussion was held on a proposal to authorize the expenditure of $4,000 from city funds (Public Utilities Department) to construct a sewer line to serve a new industry (Development Company of America) . A future six-inch line will be installed by or through the BCI. Moved by Alderman Morris that this expenditure be authorized. Motion seconded by Alderman Boston. Alderman Boston asked if this amount is already budgeted? The City Manager stated that it would come out of the utilities budget. The portion they are building lies outside the City limits. He understands that they plan to petition for annexation. Paul Latture confirmed this. The BCI would pick up part of the responsibility for this sewer line. Alderman Shearman objected to this proposal , stating that he sees other businessmen in the audience who put in their own sewer line. He does not believe the City of Wichita Falls should pay for their sewer system. They are the ones getting the best deal with our people here. Alderman Wilson commented that this puts him in a bad situation. Other businessmen put in their own sewer line. Mayor Cook ,noted that they are building near the city limits so they will be annexed and pay city taxes. Mr. Latture stated that they don't give many incentives, and he is in favor of that. He feels this is a small incentive for an industry with a capital investment. Alderman Shearman stated that we have a man living right off the freeway who has been trying to get water for a long time. Joe Smith, Director of Public Utilities, stated that the Seymour Highway sewer project was trying to take care of the whole area. This is just taking care of one person at the present time. The motion to allow the $4,000 expenditure for a sewer line was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Wilson, Morris and Boston Nays: Alderman Shearman . . . . . . . . . . Item 8f A proposed resolution was presented adopting a police step pay plan. Mayor Cook explained that the Committee of the Whole recommended a modified longevity pay plan with education and certification initiative. RESOLUTION NO. 90-82 RESOLUTION APPROVING AND' ADOPTING A POLICE STEP PAY PLAN. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: There is hereby approved and adopted the Police Step Pay Plan which is attached hereto and made a part hereof. Such pay plan shall be made to conform to State mandated longevity pay provided for in Article 1269q, Revised Civil Statutes, and the total amount of money necessary to implement such pay plan and State mandated longevity shall not exceed the amount as set out in the attached pay plan. This plan shall become effective October 1, 1982. Moved by Alderman Wilson that Resolution No. 90-82 be passed, adopting longevity Option 4. effective October 1, 1982, and also adopting Option 4 of the education and certification pay, with the 80/125 plan. Motion seconded by Alderman Morris 350 Item 8f, cont'd. City Manager Stuart Bach recommended that the certification and education pay plan be delayed an additional fiscal year for budgetary procedures. Alderman Morris suggested that they could get close enough so delay would not be necessary. Mr. Bach agreed that it could be done, but he would prefer that it be done this way.' Mr. Bach also asked if we should continue to provide tuition assistance? Perhaps we would not want to do both. Alderman Wilson stated that we should respond to their certification immediately upon completion. Alderman Morris agreed, stating that he does not believe it will be a problem to budget. Mr. Bach stated that he might recommend this for all our employees. He also mentioned storm damage. If we get federal help, it will be matching funds. If not, the City will have to foot the whole bill for our losses. Other expenditures were mentioned, stating that our financial picture may not be as good as we thought. Alderman Wilson stated that the Council should be included in the budget making process early if they are going to be called on to make those decisions. Mr. Bach stated that they would be involved after they had some figures for them to look at. Mayor Cook noted that the police pay step plan is intended to cut back on losses of trained officers, and perhaps maybe attract already trained officers from other places. He asked Chief Harrelson if this would put us in the light that we might save some money, and not have to run as many academies? Chief Harrelson stated that he feels this plan would be very attractive to other officers from other cities. Mayor Cook noted that it would generate savings from other sources and recruitment. Alderman Hampton asked City Manager Stuart Bach if he felt we could avoid a tax increase next year? Mr. Bach stated that he does not know how much revenue will be available. The Central Tax Authority has not given us these figures. Mayor Cook confirmed that this information will be given to the petitioners, and they will either accept or reject it. City Attorney H. P. Hodge, Jr. stated that they would have to either accept or reject it. If they accept it, no further action will be required. If they reject it, they shall certify that fact to the City Clerk within ten days from today to go to the voters. The motion for passage of Resolution No. 90-82 was carried, adopting Option 4 of both the longevity, and education and certification pay, by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 9a It was recommended that the bid for police department microfilm equipment be awarded to Bell and Howell , Dallas, in the amount of $17,639.25. Moved by Alderman Wilson that the bid be awarded, as recommended. Motion seconded by Alderman Shearman, and carried unanimously. - - - - - - - - - - Item 6c Dr. Lee Cary presented a request from the Human Relations Commission. He asked that the Council pass an ordinance making it illegal to discriminate on the basis of race, color, national origin, religion, or sex. He stated that the ordinance would give the Commission authority to receive complaints of discrimination, and authorize it to forward cases of apparent discrimination to the city attorney for prosecution. Dr. Cary stated that an ineffective Human Relations Commission is worse than none at all . These recommendations would strengthen it. Some of the things to consider are the underlying issues you address, what sort of Human Relations Commission should the City of Wichita Falls have, and how responsible and capable should it be to the citizens who bring matters to it? 351 Item 6c, cont'd. Alderman Wilson asked about the number of cases, and what percentage of cases were not satisfied? He stated that he needs to know the basis for the request for more responsibility. Dr. Cary stated that they are asking for the authority to fulfill that responsibility. He is asking for shifting legislation and new legislation. Alderman Wilson mentioned correspondence from a person who says it is not essential to have a supporting ordinance for it to exist. Dr. Cary stated that it is better to have it resolved at the local level , and it is also faster. Alderman Wilson also asked Dr. Cary if he had had any input from the Bar Association? He had had none. Alderman Wilson asked City Attorney H. P. Hodge, Jr. for his personal opinion. Mr. Hodge stated that he has mixed feelings about it. He has always felt that federal level agencies have been set up to handle these things. If we are going to handle them on a local level , he feels if we have a layman to make these investigations, we could run into serious problems. If we had a paid staff, that might be different. Mayor Cook asked Dr. Cary if he had looked at time and additional work placed on staff members, as well as the cost for additional staff? Dr. Cary stated that 30 cases about one-half person. We need a full time Human Relations Director. You could build to that. If we are going to do it at all , we should do it right and thoroughly, or not do it at all . Alderman Hampton commented that two bureaucracies don 't make one right. Mayor Cook asked for information on the numbers of cases that Alderman Wilson mentioned, the Bar Association's feelings and the cost of additional staff. He asked that the Council liaison member, Carol Russell , and Alderman Morris work with the Human Relations Commission, the staff, and the Council on this request. Tommy Robinson supported Dr. Cary's request. He stated that he has been an E.E.O.C. counselor. It is better to have a full time person who can get it resolved as quickly as possible. In dealing with in-house services, these job complaints will not be as easily solved if it comes through the Assistant City Manager's office. Another full time individual would be better. Lindsey Walker appeared as a member of the Human Relations Commission. For the past year they have been trying to resolve their problems. He stated that the Council representative have not attended a meeting at which he was in attendance. Mayor Cook apologized, stating they can correct this. He mentioned a bylaws problem. They continue to bog down because they cannot get together. He asked the Council not to put it on a slow burner. He stated that he has five cases which he is reluctant to bring to the Commission until they get a set of bylaws to work with. At the present time they are ineffective. He appealed to the Council to get the Human Relations Commission off the ground. Alderman Wilson asked why these cases were not brought under the mechanism we now have? Mr. Walker stated that once these cases become public they may lose their jobs or other punitive action may be taken. Alderman Boston asked how long he had had these cases? Mr. Walker stated three months. Mayor Cook recommended that Aldermen Russell and Morris work with the Human Relations Commission and appropriate staff on these proposed changes. Louis Esquibel , 1317 North 6th, stated that he works for Community Action Corporation. He also works with the EEOC out of Dallas, and also with the Affirmative Action Plans and Section 504 for the handicapped. He stated that he liked what Dr. Cary presented to the Council . He would like for marital status, political affiliation, and handicapped to be added. He cited a Mexican- American case he knew about which was not taken by the Commission. Dr. Gene Newton appeared as president of the Wichita County Association for the Retarded. He feels it is appropriate for the Commission to be moved forward. - - - - - - - - - - Item 9b A proposed ordinance was presented notifying taxpayers of intent to collect additional penalty on delinquent taxes. The school district also favors this since the City collects taxes for them. 352 Item 9b, cont'd. Dr. Lee Williamson, Superintendent of Schools, stated that we need to take some positive action for those who do pay their taxes. ORDINANCE NO. 59-82 ORDINANCE CHARGING AN ADDITIONAL PENALTY TO DELINQUENT TAX ACCOUNTS, NOTIFYING ALL PERSONS HAVING DELINQUENT TAX ACCOUNTS AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 59-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 9c ORDINANCE NO. 60-82 ORDINANCE CONTINUING THE DECLARATION OF THE STATE OF EMERGENCY IN THE CITY. Moved by Alderman Shearman .that Ordinance No. 60-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Morris and Boston Nays: None (Alderman Wilson was out of the room.) It was pointed out that the law has now changed, and the state of emergency will be continued until it is terminated by the Board of Aldermen. - - - - - - - - - - Item 9d City Manager Stuart Bach stated that in 1980 the Board of Aldermen adopted a policy statement on Lake Wichita-Holliday Creek Flood Control . He has come up with some other suggestions which would add to this policy. The first is the widening, raising, reconstructing, and removing several Holliday Creek bridges to expedite the flow of water. The Jasper and Holliday Street bridges would be raised and widened, and bridges at Fort Worth and California Streets would be removed. Other access would have to be provided to those areas. We would propose to continue the channel cleaning and clearing work on Holliday Creek both south of Midwestern Parkway and north of Harding Street. We would also prepare an urban run-off ordinance that would address partially or completed developments in the City, where these measures are needed. We would also look at the aspect of more of our streets carrying the water. We would also expand the City's comprehensive drainage plan to encompass use of detention/retention basins in combination with storm sewers, drainage ditches, and canals. We would continue to seek donations of land from the public on Holliday Creek. The donor can use it as a tax write-off. We would also seek action on the Holliday Creek project from our congressional delegation. Steve Cone, with the Army Corps of Engineers in Tulsa, stated that they completed a survey report in 1978. It is now in the office of the Secretary of the Army. It has been there since 1979. They have not received any funding since that time to do studies. Eighty Thousand dollars has just now been received for studies. The plan recommended in the 1978 report was estimated to cost 26 million dollars, plus a 10-12 percent inflation rate since that time. Probably the first thing the City of Wichita Falls should do is to secure congressional authority for the project. It will take 4-5 years to complete reconstruction planning. With congressional approval , construction could possibly begin in 3-4 years. He stated that the Corps would work with the City on any suggestions or ordinances, and land and engineering expertise in these areas. 353 Item 9d, cont'd. Alderman Shearman asked how long the Corps had been studying this matter? Mr. Cone stated since 1943. Alderman Shearman emphasized that it is time we take some action. He stated that Johnny Watson wrote letters to four of our federal representatives. He received only one response. We will have to take some action in order to get this creek straightened out. It had previously been stated that the Corps would not participate if the City of Wichita Falls took any action. They found out this was not true. He recommended that they form a committee of like people, along with him and the city staff. Alderman Shearman stated that the citizens are tired of losing. Mayor Cook stated that we need to continue with great haste with the bridges, street retention standards, the urban run-off ordinance, etc. He noted that Senators Bentsen and Tower, and Congressman Hightower have been extremely interested in this situation. He believes they need to hear from the citizens. He stated that he, Mr. Bach, and Roger McKinney will be going to Washington next week, but he feels people writing would help. Peyton Carnes, 2304 Barbados, stated that the pumps in the Colonial Park area need to pump the water out. One of these pumps did not work during this last flood, and it also did not work a week before. Ernest Lillard explained that the electrician was hindered by high water. The north pump was out because of blown fuses. Halliburton used their pumps to pump out water when the south pump was taken out last Saturday for repairs. He stated that this is the first time we have ever had these conditions. Mr. Carnes recommended that these pumps be retained and operated by qualified people. He would like to see a third pump installed because they have fifty percent more drainage there than when it was built. He would also like stand-by pumps at both ends, and an auxiliary power unit installed. Mayor Cook requested that the staff look at these suggestions. Jane Campbell , 4522 Barbados, stated that these problems have not existed just this time. She stated that she has to call the city and ask if the pump is working. She is talking about just a normal rain. She stated that she is speaking for all citizens in Wichita Falls. She stated that it is high time we do something about these problems. If it is a matter of paying higher taxes, she does not feel anyone would mind paying some higher taxes in order to get this taken care of. Billy Delaney, #2 Bristol , stated that when Holliday Creek was cleaned, the Harding Street work was ceased. Dredging ceased on the south side of Holliday - Creek. Unless the creek is cleaned out all the way to the river, the water will back up. He suggested that work start where Holliday Creek empties. If this is not done, the flood area will be shifted from the southwest portion of the City to the east side. He suggested that strong support be given to the end of the canal that empties into the river, or we will have a bottleneck. Mr. Delaney also stated that the Eastside Ministerial Alliance endorses the resolution presented by Lee Cary. Mayor Cook stated that Holliday Creek will be cleaned from one end to the other. Judy Perry, 536 Olen Road, mentioned the bridge on California. She stated that they have no ditches, no alleys, no drainage, and no roads. How can they pay their taxes without these things? Jimmy Horany, Attorney, and John Adams, Vice Chairman of the Holliday Creek Committee, presented some recommendations to the Council in written form. Mr. Horany stated that he feels the City of Wichita Falls cannot wait any I longer on the Corps of Engineers. Mr. Adams stated that he has gone to the Texas Water Resources to see if he can get something done. He stated that Lake Wichita dam is a good dam. Bridges downstream of Holliday Creek need to be removed immediately. The dams at the Municipal Golf Course need to be removed. Mr. Horany and Mr. Adams recommended the appointment of a task force to study this problem. 354 Item 9d, cont'd. Mayor Cook noted that the Council has addressed the problem, and they are going to act. They will clean out and remove some bridges. Some points which they made are valid. Certainly the recommendation of the task force is valid. He has no reservations about the appointment of a task force. Tony Vernon, 4401 Nassau, stated that he has not seen a patrol car in that area. The City Manager stated that Police have been out there, sometimes in Street Department trucks. Angela Westfall , 1425 32nd Street, stated that she is a Red Cross volunteer and also a victim. She spoke on behalf of the Holliday Creek victims , stating that there is an urgency that something be done about this matter, or they will be flooded again. Marion Bowling congratulated all who have done something in that area. He also complimented the Mayor and City Manager. Mrs. Ruth DeShone, 1233 32nd, stated that she would appreciate anything anybody can do, and all that has been done. Charles Moose, 604 Sunset Drive, stated that he worked at Spudder lanes , and received a call from North Lamar for help. Lamar and Warren Street people had to be evacuated from their cars. If the people in Wichita Falls are getting tired of waiting, then it is time for us to do something. 0. J. Fortenberry, 2315 Holly, stated that the Jasper Street drains are six feet above the creek bed. It is a health hazard and they need help. Leon Sanner, 5003 Lakeshore Drive, mentioned that water got into his business on Lake Wichita eleven inches. He stated that he had volunteered to clean out the spillway at no charge to the City. He stated that if someone will stake those lines, he will clean it out. He feels large contractors would also help. Irene Cheatham stated that Holliday Creek should be cleaned all the way to the river, or we have defeated our purpose. They stopped when they got to city land. When we got one inch of rain the creek was out. Alderman Hampton stated that if she would listen to the Council tapes she would find that he asked the same question she did at the first meeting when they started talking about this matter. A. L. Mangrum, 806 Fort Worth, stated that in 1941 he lost everything he had. He stated that Wichita Falls is the City That Faith Built, and he knows we can handle this project. Mayor Cook recognized all organizations who have had a part in the clean-up of the City, including city employees. The recommendation on the task force is valid. We will take action on it. We are in a position to look at these problems, and take action on getting some of them resolved. Another citizen urged us not to forget the teenagers who helped, and give them credit. - - - - - - - - - - Item 10a Charles Moose appeared again regarding a letter from the office of revenue sharing through EEOC against the City of Wichita Falls. He stated that he was refused employment with the City because he told the truth. He told them he was a DAV. He took and passed the physical . He was refused to work by Mark Wilson. City Attorney H. P. Hodge, Jr. stated that this is not on the agenda, and they cannot take any action. He stated that he cannot find a job because everytime you say "disabled", it is like bubonic plaque. Everybody is afraid of that word. He stated that he is able to work, but why won't they let him? - - - - - - - - - - 355 Item 6d City Attorney H. P. Hodge, Jr. noted that Charles McMillan was now in the Council Room, and they might want to consider a public hearing on his request for a taxicab license. Mr. McMillan stated that the basis for his request is so that he will not have to use the petition he has secured 1250 signatures on. He wants to give the City this choice before he submits his petition. He feels 12 years experience, and the fact that he owns his cab is sufficient. Alderman Wilson did not agree. Mayor Cook asked what happens if the Council takes no action on this request? City Attorney H. P. Hodge, Jr. stated that at the heari.ng in January he presented his case. There was opposition to his request, and the Board of Aldermen felt that his service was not needed. Mr. McMillan stated that he was not given the right to rebut. Mr. Hodge reminded him that the records will show that everyone was given every opportunity to speak. Mr. Hodge explained that he has had due process of law. It would make sense to show that something has changed since that time, such as if a cab company had gone out of business, or he had acquired a fleet of cabs , etc. Unless he can present an application that shows some new and changed conditions since the last hearing, it would be appropriate to deny the hearing. Mr. McMillan stated there are three new members on the Council . Alderman Wilson stated that the Council supports free enterprise. He has had a hearing. There are lots of things that constitute a change, but change of faces is not one of them. Moved by Alderman Shearman that Mr. McMillan's request for a public hearing be denied. Motion seconded by Alderman Morris, and carried unanimously. - - - - - - - - - - Louis Calvin Browning, of Fort Worth, was in Wichita Falls to dedicate his van used for Youth Crime Prevention League. He invited all to attend the dedication at 4:30 tomorrow at the Boy's Club. - - - - - - - - - - Items 10b, c The Board of Aldermen recessed at 12:00 P.M. for an executive session on board appointments. The meeting resumed at 1:00 P.M. RESOLUTION NO. 91-82 RESOLUTION APPOINTING A MEMBER OF THE WICHITA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS TO SERVE THE UNEXPIRED TERM OF JAMES B. THOMAS. WHEREAS, James B. Thomas was appointed to serve as a member of the Wichita Council Appraisal District Board of Directors for a two-year term beginning January 1, 1982; and, WHEREAS, Mr. Thomas has resigned from such Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Craig Wilson is hereby appointed as a member of the Board of Directors of the Wichita County Appraisal District as a representative of the City of Wichita Falls, to serve the unexpired term of James B. Thomas . Moved by Alderman Hampton that Resolution No. 91-82 be passed. Motion seconded by Alderman Morris and carried by the following vote. 356 Item 10b, c, cont'd. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris and Boston Nays: None Moved by Alderman Hampton that Gary Cook and Howard Morris be appointed to the Wichita Falls Housing Finance Corporation Board of Directors for terms to expire December 26, 1983 and December 26, 1982, respectively. (Replacing Kenneth Hill and Jim Thomas) . Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that Howard Morris be appointed to the Charter Advisory Committee. Motion seconded by Alderman Shearman, and carried unanimously. — — — — — — — — — — Mayor Cook stated that he had discussed the task force which had been recommended. He suggested that the City Manager prepare a proposed make-up of expertise and guidelines of this task force so that they can continue with post haste on flooding problems in the city. A called meeting will be held next week. They will also do costing work on bridge removal . Mayor Cook noted that survey teams from the Governor's Office will be in the city today to assess flood damage, and also determine types of assistance which we should seek in order to help flood victims. A state of emergency declaration will come faster with the survey team being here. National declaration would hopefully follow state. — — — — — — — — — — The Board of Aldermen adjourned at 1:05 P.M. PASSED AND APPROVED this day of 1982. Mayor ATTEST: Assistant/City�Cl � erk Form 9-1366 Department of the Interior (Dec. 1971) Geological Survey JOINT FUNDING AGREEnNT FOR THIS AGREEMENT is entered into as i)f the lSt day of October 19 81 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,arid the CITY OF WICHITA FALLS party of the second part. I. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a program of water-resources investigations involving the collection of continuous streamflow and reservoir content records, hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party and excluding the cost of publication by either party of the results of the program. (a) S -5,650 by the party of the first part during the period September 1, 1981 to September 30, 1982 (b) S 5,650 by the party of the second part during the period September 1, 1981 to September 30, 1982 (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part. Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the First part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office. Copies shall be furnished to the party of the second part upon request. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall,upon request,be furnished by the party of the first part, at cost,impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a st.atement of the cooperative relations between the parties. CITY OF WICHITA FALLS GEOLOGICAL SURVEY UNITED STATES By DEPARTMENT OF THE INTERIOR By By (S16NATtjRI-_' & 171TLE ) By District Chief, WRD Austin, TX (USE RF-VERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED)Page— 3 of 3—Pages Agenda Item No. CON S I RUVI I ON M;R L LNI I�N V 'HIFTEXAS PARKS AND WILDI-IIA' DEPARTMENT AN 1) CITY OF WICHITA FALLS STATE OF TEXAS COUNTN' OF TRAVIS This Agreement made and entered into as of the (late herein last specified by and between the Texas Parks and Wildlife Department (hereinafter called "Departillent") acting by and through its Executive Director hereunio duly authorized by the Texas Parks and Wildlife Commission, and City of . Wichita Falls (hereinafter called "Sporlsor") actin- by and through its designated official duly authorized hereunto by its Board of Alderman of the City of Wichita Falls ill accordance with a resolution 1(lopte(l June 2, 1931 IV I T N E S S E T H: AGREEMENT For ill(] ill consideration of tile Illutual obligations, covenants aild benefits hereinafter set forth, tile Department ill(] (lie Sponsor hereby a ree as follows: Sen ices to be Performed I The Sponsor shall designate —one 1 ) approprin te site location(s) on PR . Lake Arrowhead at Deer Creek Park in Clay County ill accord With thC11- 1,111d 1011.lkiti011 IM-ograll, so is to benefit highway access for the general public's use of file proposed site(s). 2. Plans ail(I sl)ecif'i(,,Ili()Ils, to inchide site location " ,"P, fol- each site Nvill he prepared by tile Sponsor and silhillitted for 0epal-fillellf approval prior to construction. Engineering fees may be chirged to FRI tile pro.ject(s). Tile Sponsor %N Ill construct public boat ramp(s) ill accordance with approved plans and SI)eCifiCatiOlIS to be 111.1111bered 82-3-303-39 3. All cons'tructioll sliall be ill collipliance �Nitfl all laws ail(] regulations duly adopted by govern- mental a,-'ellcies of competent Jurisdiction. 4. Afier completion an(I fill,,11 P-INAlle"( bV tile DeP.21-Illielit, the Sponsor shall assume so]v responsibility for refuse collection and P-.1ss c0l't"01 1-0'- -1 Icrill of a of twenty-five ),cars oil the facility(i0s). S. Tile Simnsor sh:ill acquire at its soic C\Pellse 3 stlitlble leascliold property interest %�itli a millimilill fewl of, Nears or fcc sillw1c title oil tile public boat ramp locatioll(s) priol. to c0lililleliCellient of constniclioll. 6. Local ic!-nilatiolls Illa\, be -'idopted by Ilw Sponsor pursuant to Parks and Wildlife ('ode. Sectioll 31.092. It is mideistood alld agreed fluit Ille SP011so " sIl:lII Hot designate public waters served bv S'-1id facililvocs) as niens restricled from use I)v rcJsfel-ed motorboats without Department approval. Violation PR of this cmenant Iry the Sponsor shall [equile olle lillildred percent reimbursement to the Depa 1.1 lie,,I of tile costs or said t"wili(v(ics). Assistance Tile Dcliariment �i-,kt tile spoll'�()r \%itil olll\. advkor\ assistance withill its C11mbilifie." 111spectiol I-lie Dellartiliclit N%ill perforill I C()Illl)lC(ioll :111d acceptallce illspectioll. Progress illspectiolls Illa", be perfornied at the discretion of Ole Dep,11-tilielit. Receipts alld Record's Tile Sponsor Nvill niaintain appropriate records to support all Claillls for reillibkIrsellient and stifirldt to file Depirtilielit Copies of.111 expenditures to be Charged "193illst tile 1)"oJect(s). A certificatioii of coniple- tioll and the total aniount of expenditures N%,ill I)e Stil),11itted prior to final payllielit. Audit The records of charges ',Ire 1,LlbjeCt to audit by the Coniptroller of Puhlic Accounts and the State Auditor. Niodifical1011s In file event the cost of Construction is helow the 11la\illlLllll 111101111t authorized. tile Spoosor iii9y. -it its discretion, hiclude additional iniprovenients or appurtennices oil each desipliated site as loll- as the project total Coll tract Cost fi2l"re is not exceeded, provi(lC(I 11ONvc%'el-'. SUCII in,Provell,en ts or appurtenances ire first approved in writing I)N- tile Departillelit. Pavilic-lit Upoll Collipletioll of a satisfactory acceptance ilispectioll bY tile Del),11-fillent, the Sponsor Nvill fill-Ilish file Departnient with a certificate of said Colilpletioll alld file IT(Illil-C(I lCtLlll Cost records. Upon receip t of certifica(ion of satisfactory Collipletioll alid recol-0s, (lie DePart'lle"t S11,111 pay to the Sponsor the actual cosf of such services ,()I to exceed Sixteen Thousand One Hundred and No/l 00 Dol I ar-. (116 100.00 - with the Sponsor to Provide- an additiQnal Six Thousan Nim- Hiindri-ri R d Nln,/lno nol I-ars ($6,900.00) , for a -total cost not to exceed Twenty Three Thousand and No/100 Dollars ($23,000.00) . 'TerillS 'File terjus cowliti0iis of this Agrectneiii Will Willlill ill OffeCt L1111il August 3 1 , 19 83 EXECUTED ihis dav of TEXAS PARKS AND WILDLIFE DEPARI'NIENT E-XECUTIVE DIRECTOIZ CITY OF WICHITA FALLS Page 3 of 4 Pages Agenda Item No. 8,b. ALTERNATIVE FINE DISCHARGE PROGRAM SERVICES AGREEMENT in WHEREAS, persons currently found guilty of misdemeanors the Municipal Court of the City of Wichita Falls have available to them only two methods of discharging the fine assessed against WNW fine or be confined in jail; and, them; they may either pay the WHEREAS, more productive, voluntary avenues may be made avail able to such persons, avenues which will contribute to the maintenance and improvement of the City of Wichita Falls; and, the City of Wichita Falls has organized an Alternative WHEREAS, Fine Discharge Program to provide the avenues and municipal benefits mentioned above. inafter called NOW, THEREFORE, the City of Wichita Falls, here .City." and the undersigned Alternative Fine Discharge Program IF "Contractor", do hereby mutually participant, hereinafter called agree as follows: 7 1. Contractor shall perform the tasks stipulated herein Z -0- below, such services to be compensated at the basic hourly rate per ($ hour) the City normally pays a for up to a total maximum dollar amount of $ specified 2. Acceptable completion by Contractor of the tasks hereunder shall discharge and satisfy the fine which has been ab�:iubsed against Contractor by the Municipal Court of City. 3. Contractor shall be responsible for the acceptable per- formance and completion of the following tasks: _W A im . .... 'Or 01,00M"i i -1*1 1� These tasks shall be undertaken by or before R SOW and completed by or before 4. If Contractor fails to perform and acceptably complete such tasks as specified above within the indicated time period, Contractor shall be required to discharge the fine in a manner determined by the Municipal Judge. Page 3 of 4 Pages Agenda Item No. 8.d. A D M I N I S T R A T:0,1114 CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: Stuart A. Bach, City Manager DATE: May 10, 1982 FROM: Edward A. Barrett, Director of Administrative Services SUBJECT: Police'Pay Initiative, Additional Modified Longevity Plans At your request, two additional modified longevity options have been analyzed. In order to provide a complete summary, these options are compared with Option One and Option Two as presented in the April 20, 1982 memorandum, "Further Information, Police Salary Initiative." OPTIONS COVERED The following options have all been analyzed as to cost for FY 82-83 and for a four year period (FY 81-82 through FY 84-85). OPTION ONE OPTION TWO YEARS OF SERVICE LONGEVITY YEARS OF SERVICE LONGEVITY 1-4 $ 6 1-4 $ 6 5-8 $ 9 5-8 $ 9 9-12 $12 9-12 $12 13-25 $15 13-16 $15 17+ Maximum of $240/month OPTION THREE OPTION FOUR YEARS OF SERVICE LONGEVITY YEARS OF SERVICE LONGEVITY 1-4 $ 8 1-4 $10 5-8 $10 5-8 $12 9-12 $12 9-12 $14 13-16 $14 13-16 $16 17+ Maximum of 17+ Maximum of $240/month $256/month Options One and Two were those presented in the April 20, 1982 memorandum. Options Three and Four are variations on Options One and Two. The major difference is that these two options increase the amount of longevity earlier in an officer's career. Table I below presents the cost figures on all of these options for FY 82-83. Table 2 presents four year costs. Stuart A. Bach, City Manager May 10, 1982 Page 2 TABLE I Modified Longevity Costs FY 82-83 OPTION ONE OPTION TWO OPTION THREE OPTION FOUR Total Longevity (with fringe) $223, 119 $175, 111 $179,981 $200,798 Less Current Longevity (with fringe) 69,241 69,241 69,241 69,241 TOTAL ADDITIONAL COST $153,878 $105,870 $110,740 $131,557 TABLE 2 Modified Longevity Four Year Costs OPTION ONE OPTION T140 OPTION THREE OPTION FOUR Total Longevity (with fringe) $932,948 $730,878 $751,510 $841,735 Less Current Longevity (with fringe) 290,017 290,017 290,017 290,017 TOTAL ADDITIONAL COST $642,931 $440,861 $461,493 $551,718 In order to show the total potential dollar impact of these longevity options when com- bined with an education and certification program, the following table has been prepared. TABLE 3 Total Costs, Modified Longevity And Education and Certification Pay OPTION ONE FY 82-83 FOUR YEAR with 40/80 plan $192,842 $807,324 with 50/100 plan 209,956 879,528 with 60/120 plan 222,159 931,016 with 80/125 plan 233,854 980,359 OPTION TWO with 40/80 plan $144,834 $605,254 with 50/100 plan 161,948 677,458 with 60/120 plan 174, 151 728,946 with 80/125 plan 185,846 778,289 Stuart A. Bach, City Manager May 10, 1982 Page 3 OPTION THREE FY 82-83 FOUR YEAR with 40/80 plan $149,704 $625,886 with 50/100 plan 166,818 698,090 with 60/120 plan 179,021 749,578 with 80/125 plan 190,716 798,921 OPTION FOUR with 40/80 plan $170,521 $716, 111 with 50/100 plan 187,635 788,315 with 60/120 plan 199,838 839,803 with 80/125 plan 211,513 889, 146 Should you have any questions or desire any further information, please contact me. Edward A. Barrett Director of Administrative Services EAB:cd Section 8 Existing Housing Assistance Payments Program e Administrative Plan e Equal Opportunity Housing Plan Alto Vill'. 5o Ilk tw 7 -fit, ra W �OL 'Alt "ti:� //I dyw tit (Aw 14" 11h of Ille4l fill kkkk t=4 k el 431:--�':r"�� 1 '�(-1. 4 . 1 era- V 01 RIO j May 1982 Page 3 of 45 Pages Agenda Item No. INDEX ITEM PAGE # Statement of overall approach and objectives on administering 1 the Section 8 Existing Housing Program Plans for the Administration of Program Functions Outreach to Families and Contact with Owners 2 Completion of Applications, Determination of Eligibility 3 and Selection of Families Verification of Income and Determination of Gross Family 5 Contribution Briefing of families and issuance of certification 5 inspections 6 Housing Quality Standards and Lease Approval and Housing Assistance Payments Contract 7 execution Payment to Owners/Tenants Information and Assistance for Participating Families 8 9 Termination and Family Moves Complaints and Appeal Monitoring Program Performance 10 Budgeting and Staffing Needs 12 Figures 1-12 13-32 13 Administrative Flow Chart (Figure 14 "W Standard Lease (Figure 2) 17 Billing Sheet (Figure 3) 18 Appeals Process (Figure 4) 19 Bedroom Utilization (Figure 5) 20 Salary & Contract Cost (Figure 6) 21 FY 1982 Budget (Figure 7) 22-32 Job Descriptions Planner II (Figure 8) 22 Housing Counselor III (Figure 9) 25 Housing Counselor II (Figure 10) 27 Housing Counselor I (Figure 11) 29 0 31 Clerk Typist I (Figure 12) 33-40 Equal Opportunity Housing Plan Objective 1: Outreach to Lower Income Families 33 ,es Ob ective II: Promoting Greater Housing opportunities Page 4 of 45 Pag 8.C. for Families outside Areas of Low-Income Agenda Item No. and Minority Concentration 34 INDEX, page 2 ITEM PAGE # Figure 1, Wichita Falls - 1980 Census 36 (P.L. 94-171) Counts Figure 2, Minority Population Distribution 37 Figure 3, City Attorney's Legal Opinion 33 Objective III: Ensuring Equal Opportunity to Applicants for Participation in the Existing Housing Program and in the Selection of Certificate Holders 39 Objective IV: Provision of Services and Assistance to Families that Allege They Have Encountered Discrimination During Their Search 40 Objective V: Utilization of A Fair Housing Organization or Organization Serving the Handicapped 40 Objective VI: Promoting Employment Opportunity in the PHA's Employment Practices 40 Page 5 of 45 Paggs Agenda Item No. CITY OF WICHITA FALLS ADMINISTRATIVE PLAN SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM STATEMENT OF OVERALL APPROACH AND OBJECTIVES ON ADM INISTERING THE SECTION 8 EXISING HOUSING PROGRAM A. The Section 8 Housing Assistance Payments Program for the City of Wichita Falls will be administered by the Housing Division of the Planning Depart- ment. Fiscal support services will be provided by the Accounting and Finance Department. The attached chart (figure 1) displays lines of responsibility for the operation of the program. B. The program objectives which shall be adhered to in the administration of the Section 8 Existing Housing Program are: 1. Provision of decent, safe and sanitary housing at an affordable cost to low and very low income families of the City of Wichita Falls; and, 2. Maximum coordination and utilization of community housing programs and human services to improve the community housing stock and the quality of life. C. A survey of Section 8 tenants was conducted in March, 1982. This survey selected tenants from all areas of the City with 26% residing in racially impacted neighborhoods. Of those surveyed, 92% indicated no desire to move from their present residence. Of those 8% who desired to move, half indicated a desire to remain in their present neighborhood. The only significant change in choice of housing expressed was that 70% of the tenants would prefer to own their homes if funds were available. A similar survey conducted in May, 1978, revealed that 93% of the tenants surveyed indicated no desire to relocate. In view of the indications of these surveys, the City of Wichita Falls will continue to assist participants in the Section 8 Program in finding suitable housing in all areas of the City based on the participants' area of choice. Page 6 of 45 Pages Agenda Item No. 8.c. 2- D. The quantity and quality of housing available to program participants is considered to be sufficient in all areas of the City for the operation of this program. Past experience has demonstrated that sufficient owner response is present in the City. Further, code enforcement inspections have revealed that the housing quality is acceptable. However, the activation of available housing must be stimulated through the marketing methods described in the Equal 'Housing Opportunity Plan. Objective I. attached and included by reference. E. All eligible participants will be provided assistance in locating suitable housing. The Housing Counselor III will maintain a listing of all past and current owners. This listing will be made available to all participants. The participant will be encouraged to contact other owners within the City as we'll. If discriminatory practices are encountered in the housing search, the procedures identified in the Equal Housing Opportunity Plan will be employed. To insure that this listing remains current, the Housing Counselor III will update this listing on a quarterly basis. F. The Housing Division will create and maintain a listing of available housing units by bedroom size and current rent. This will be accomplished by surveying current Section 8 owners, local property management concerns-, newspaper listings and contacts through the Rental Property Association. To maintain a current listing, a monthly update will be accomplished. PLANS FOR THE ADMINISTRATION OF PROGRAM FUNCTIONS A. Outreach to Families and Contact with Owners 1. Generally, the outreach procedures described in Equal Opportunity Housing Plan (EOHP) , Objective I, will be employed. In the event this effort does not produce an application group consistent with the goal, an intensifica- tion of advertising through area media and a concentration of outreach programming in neighborhood action groups will be utilized. Page 7 of 45 Pages Agenda Item No. 8.C. -3- 2. In the event the outreach plan stimulates a flow of applicants greater than the capacity to accommodate the flow, a waiting list and/or a suspension of application taking will be initiated as described in the EOHP, Objective III-A. 3. Owners and the real estate community will be informed of the program utilizing the procedures described in the EOHP, Objective III, attached. . 4. To ensure that sufficient units are located outside racially impacted areas, the Housing Division will monitor the location of all units. If I 4i� to sufficient units are not evident, then an intensified outreach to owners 77 and property managers will be accomplished. (a) The Housing Counselor III will contact the Wichita Falls Board of Realtors and community organizations. Efforts will be made to contact owners outside of minority and low income concentrated areas. (b) Neighborhood groups will be asked to contact owners in their neighborhood to accommodate families desiring to remain in their own comnunity. (c) The Housing Counselor III will maintain a listing and map designating area concentrations and owners desiring to participate in the progra This list will be included in the tenant's package. (d) The Housing Counselor III will be responsible for explaining the program to owners who inquire. The program may be explained in detail to owners who have signed a Request for Lease Approval on a case-by-case basis or in briefing sessions. B. of Applications, Determination of Eligibility and Selection of Families L 1. Applications will be accepted on the 2nd and 4th Monday of the month L il t The Housing Counselor III will arrange an appointment for each fam y o attend a tenant briefing- Applicants will be informed to bring all Page 8 of 45 Pages necessary data to complete their application. The Agenda Item No.f 8.C. will assist each applicant during the briefing in the completion o the full application. 14- Preliminary eligibility will be determined at this time. If the applicant appears to be eligible, he will be given a certificate holder's packet. The Housina Counselor(s) will explain all items contained in the certificate holder's packet as well as: (1) how to find a suitable unit; (2) the need to shop around; (3) the known available units; (4) the implication of the utility allowance; (5) lease proceduresl and (6) tenant' and owner rights and responsibilities. If the application procedure results in more applications than units, a waiting list will be developed. This list will provide information sufficient to determine priorities for assignment of units as units become available. If the length of the waiting list becomes such as to preclude a family from receiving a unit in a calendar year, application-taking will be *suspended in accordance with the EOHP, Objective III-A. 2. The two basic criterion for eligibility in the Wichita Falls program are: and (a) the applicant must qualify as a family, (b) the family gross income must fall within the eligible income limits. Other factors affecting applicant eligibility have been adopted by the City as described in HUD Handbook 7420.7, Chapter 4. Verification of the eligibility documentation provided shall be done by the Housing Counselor(s) using documents provided by the family, mailing forms to the source of income, and follow-up contacts with the source if there is a delay in their response. If the income is verified as eligible, a certification of family partici- pation will be signed by the Housing Counselor III and the family notified by mail. The certificate will be picked up by the family from the Section 8 office. If the family applies as a zero income family or indicates AFDC as their sole income, the family will be subject to review every 30 days. A zero income family will be determined to be ineligible for assistance after 90 "M Page 9 of 45 Pages IAgenda Item No. 8.C. -5- days if no income or disability is established. To assist these subject families in obtaining an income, the Housing Division will establish an employment/agency referral program and privide assistance as required. 3. If an applicant is found to be ineligible, the applicant will be notified in writing. The notification shall include information for requesting an informal hearing following the steps outlined in the APPEALS Section of this Plan. nts 4. The city of Wichita Falls will give preference to certain groups of applica The Housing Counselor III will use the priority ranking listed in the EOHP Objective III-B. These priorities will facilitate the selection of families to be assigned within each unit size. 5. The Housing Counselor III will monitor and review the characteristics of applicant families to insure that: (1) 30% of the participants are very lo income -families; (2) distribution between elderly/nonelderly authorized is maintained; (3) units size authorization is maintained, and (4) the number of HAP contracts authorized are in accordance with HUD regulations. C. Verification of Income and Determination of Gross Family Contribution The Housing Counselor III will be responsible for determining the amount of Gross Family Contribution (HUD 7420.7, Chapter 4) . The Planner II� shall review five percent (5%)of the determinations in order to ensure accuracy of the calculations. D. Briefing of Families and Issuance of Certification 1. The methodology to be followed in providing information concerning the program will be that described in the �OHP, Objective I. 2. The additional assistance to be provided families approaching certificate expiration will be on an as submitted basis and performed by the Housing Counselor III. In the case of an encountered housing discrimination, Page 10 of 45 Pages Agenda Item No. 8.c,- -6- the procedure listed in the EOHP, .Objective IV, will be used. 3. If it becomes necessary to extend a Certificate beyond 60 days, the Planner II will review the case. If a justifiable cause is determined, e.g. , lack of available units, insufficient unitauthorizations, etc. , additional 60-day extensions may be authorized, not to exceed one calendar year. E. Housing Quality Standards and Inspections 1. The housing acceptability criteria described in Housing Inspection Manual for Section 8 Existing Housing Program are hereby established as minimum housing quality standards with the following additions: (a) One smoke detector will be present in each unit. The detector will be installed in a central location within the unit and be maintained in correct operating condition. (b) All window panes will be free from defect. All windows will have locks and screens. (c) All exterior doors and openings will be air tight. (d) All supply lines (plumbing) subject to freezing will be insulated in a manner that prevents freezing. 2. The following internal system will be used to conduct inspections, both initially and for reinspections : A& (a) The City of Wichita Falls wi 11 perform inspections to be scheduled as 77" requests are submitted to eliminate any possible discrimination com- plaints. The inspection form to be used shall be HUD Form-52580. (b) If the un it fails inspection, the family and the owner will be notified by mail. Differences in perception of the adequacy of the unit will be resolved by the Housing Counselor III. (c) The Housing Counselor III will keep a file by month of contract executions for annual reinspections. Page 11 of 45 Pages Agenda Item No. —8.C. -7- (d) The Housing Counselor III will maintain a list of Request for Lease Approval, showing date of request, date submitted for inspection, and date inspected. This information will also be retained in each family's file. F. Lease Approval and Housing Assistance Payments Contract Execution 1. Once a unit has passed inspection, the lease will be checked for reasonableness and consistency with the fair market rent and for the correct length of the contract. The reasonableness of rent will be determined on the basis of previous rent of the same .unit, previous rent of similar units, and general knowledge of rents for similar units. The lease to be used in this program, diSDlayed as Figure 2, is the HUD C approved lease. 2. The Housing Counselor III will determine an appointment date and time for the execution of the lease and Housing Assistance Payments contract. G. Pavments to Owners/Tenants hird The Housing Division will submit to the Finance Department on the t Friday of the month a listing of landlords and tenants eligible to receive rents or utility allowance payments. This listing will include: 1. Name of party receiving payment, contract number, and vendor number that authorizes payment. (figure3 ) 2. A listing of any changes which occurred during the month. 3. If the payment is for damages or lost rent, an explanation will be attached. Checks will be processed by the Finance Department and returned to the Housing Division for mailing to recipients by the first Tuesday of the month. The Housing Division will keep all records pertaining to family eligi- bility, income verification, unit inspections and leases in a manner suitable for an unannounced federal performance audit. Page 12 of 45 Pages Agenda Item No. 8*c- -8- The Finance Department will provide financial management in compliance with HUD Handbook 7420.6, Housing Assistance Payments Program Accounting Handbook. The Housing Division will maintain such manual ledgers as may be necessary for the day-to-day operation of the program. The Section 8 Program shall maintain a Housing Assistance Payments register which will indicate all payments made to tenants and owners. H. Information and Assistance for Participating Families 1. The Housing Counselor III will maintain a file by month of lease execution for reexamination of units and recertification of a family income. A special reexamination will be made for a chan.q.e in family income or a change in family size between annual recertifications. All tenants will be recertified annually. 2. The Housing Counselor III will document reports made by families that the owner is not complying with the lease or is not maintaining the unit in compliance with the housing standards, and will proceed to investigate the complaints. 3. Families will notify the Section 8 office in writing when they decide to vacate their unit. The date of this notification will be indicated in the family's file. The family will be advised to contact the owner in writing, and to pay all bills. Families that leave owing money will not be eligible for further participation in the program until such outstanding debt is paid. 4. If a family wishes to move within the program area, they will be issued a new certificate to look for new housing. 5. If the family is terminated from the program, the first family on the waiting list whose income has been verified will be notified by mail of the availability of certification. An appointment will be set up for a meeting to discuss the program and answer any questions. Page 13 of 45 Pages Agenda Item No- 8.c. -9- 6. The Housing Counselor III will be familiar with agencies and organiza- tions able to respond to the housing and non-housing problems of the applicants and tenants. Termination and Family Moves 1. The owner's request for eviction will be reviewed by the Housing Counselor III on a case-by-case basis. The resulting action will be based upon an investigation of the alleged discrepancy and the owner . will be notified prior to the twenty (20) day time limit. The request and response will be placed in the family's file. 2. The Housing Counselor III will determine whether or not the family gave proper notice to vacate by checking the family's file for the date of notification. The owner's request for payment will be determined by the owner's filed notice of unit vacancy. The owner's claim for damages will be determined by comparing the original inspection check list with existing conditions. 3. If the family is terminated from the program, the first family on the waiting list whose income has been verified will be notified by mail of the availability of certification. An appointment will be set up for a meeting to discuss the program and answer any questions. 4. Each case that results in eviction, termination of program participat or failure to give proper notice will be reviewed by the Housing ility Counselor III. If the review results in a determination of ineligib for future program participation, the family will be notified in writing providing a reason(s) for the determination and process for appeal. J. Complaints and Appeal L In specific instances mentioned under Application and Eligibility Of this plan, the applicant has the right to an informal hearing with the Housing Counselor III. Where owner/tenant disagreement (i.e. damage claims, 3ages Page 14 of 45 1 i No. 8 .C. Agenda Iter _10- lease interpretation, etc. ) and other instances recognized by the Housing Counselor III, the tenant or owner may request an informal hearing with Housing Counselor III. This is the first step in the formal appeals process for the program (see Figure 4) . If the results of the informal hearing do not satisfy the party requesting it, an informal hearing with the Director of Planning is called. Most cases are resolved at this level or earlier. If further action is necessary to satisfy the applicant, a hearing with the City Manager is requested. If this avenue proves unsatisfactory, the applicant may appeal to the THUD Dallas-Area office. The applicant may be represented by counsel if desired. In cases of alleged discrimination in the housing search, the tenant may refer the case to the Fair Housing Administrator , as outlined in EOHP, Objective IV. file .In any case, all appeals are documented and retained in the applicant's K. Monitoring Program Performance 1. Two primary goals are maintained in meeting the housing needs of Wichita Falls: (a) to promote greater housing opportunities for lower income families, and (b) to stimulate tenant applications and participation from a wide range of lower income families. Also, establishing and maintaining quality administrative management practices is of top priority. 2. In order to promote greater housing opportunities, the Housing Division will, in addition to previously outlined activities: a. Become a member of the Rental Property Association and meet with at least five members of the association each month. b. Meet with the Board of Realtors at least quarterly. C. Meet with at least five property management concerns each month. Page 15 of 45 Pages Agenda Item No. 8.c. 3. In order to stimulate tenant applications and participation, the Housing personnel will, in addition to previously outlined activities: a. Visit with Neighborhood Action Groups quarterly. b. Visit with Senior Citizen groups at least quarterly. C. Visit with at least 15 tenant families each month in their homes. d. Distribute information brochures to all local agencies and organiza- tions that are contacted by lower income families and elderly, handicapped, or disabled families. 4. The Section 8 program will maintain a 95% occupancy rate. In order to achieve and assure this minimum level, a monthly bedroom utilization report will be provided. (Figure 5). in addition to the completion of this report, a narrative of objectives will be a.ttached which will clearly outline the activities to be conducted during the coming month. This activities list will indicate the work elements required to assure a 95% occupancy rate and the inspection requirements to be met. 5. In no event will the number of units under lease combined with the number of certificates issued exceed the number of units authorized. 6. The applicant mix will be monitored by the Housing Counselor III. Thirty percent (30%) to forty percent (40%) of the applications will be issued to very low income families to maintain a participant level of 30%. 7. The program administration may be revised on an as needed basis.. of 45 Pag Page 16 �sc Agenda Item No. -12- III. BUDGETING AND STAFFING NEEDS The attached figure 6 displays the administrative salary costs and job functions for the City of Wichita Falls Section 8 program for fiscal year 1982. During the first two quarters of this year, the administration of this program was sub-contracted to an outside agency as reflected in figure 6. During the final half of the year, the administrative function will be assumed by City staff. The job description for these positions are displayed in figures 8-12- All costs incurred in administration of this program will be charged to the Section 8 Housing Assistance Payments Program. Page 17 of 45 Pages Agenda Item No. -13- E 0 CZ 0 c-3 LO w 3VO -4 a zi 0 > w 0 ca to 14 e U T. 01 w 00 4j a) %J 0 = 0. C; 4 vi 0 Ow A 0 It E 0 -4 Cd w al c6c bo 41 r- CL w cn CO 0 0 -4 0 14 ci 0 ::D to M 0 0 0 OZ -�4 0 fL 0 r -K > z r- - 'd .0 u :3 0 OD W I z 3 (a 14 14 co 14 W W u n CO 00 r- c 0 w En In 0 M 00 U 13 1-4 C* C- ci cl 04 120, z w 0 U) 2. 14 z E. Z3 u 0 w u �v , . W 0 114 > z " r- — w V 4 M 0 D u ,4 > U U 1. w c 4 -V 06 M > C 0 u w 0 C M oe a c 0. 0 z 0 0 1. 0 J4 E-4 I -,4 w Page 18 of 45 Pages W CO Agenda Item No. 8 -C. -0 1. w 0 -14- SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM STANDARD LEASE Certificate Number No. of Bedrooms 1. Lease Term. Descriotion of Parties and Premises: The following lease agreement is made and entered into between (Owner), who is the owner or duly authorized representative of the owner of the unit leased hereunder, and (Resident) for the dwelling unit located at for a term beginning 19 and ending at midnight on 19 for a period not less than one (1) year, nor more than three (3) years. 2. Rent: The total rent for the unit leased hereunder shall be $ per month. Of the total rent, $ per month shall be payable by the PHA as housing assistance payments on behalf of the Resident under the terms of the Housing Assistance Payments Contract entered into between Owner and PRA. per month shall be payable by the Resident directly to the Owner. 3—Notice of Change in Amount of Housing Assistance Payment and Resident's Rental Payment. The amount of the Housing Assistance Payment and of Resident's rental payment shall be subject to change by reason of changes in the Resident's family income, family composition, or to the extent of exceptional medical or unusual expenses; or by reason of adjustment by PHA of any applicable allowance for utilities and other services. In the event that PHA determines that such changes are necessary, PHA shall notify the Owner and the Resident of such adjustments in writing, and such written notification shall be effective to amend this lease to the extent necessary to incorporate such changes. This procedure shall be an exception to paragraph 17 of this lease. 4. Occupants: The dwelling unit is to be occupied only by the people listed below unless otherwise authorized in writing by Owner and PHA. Name Age Name Age 5. Security Deposit: The Resident has agreed to a security deposit in the amount of for ThW faithful performance by Resident of the terms and conditions of this lease. Payment of the security deposit is to be made upon occupancy or by payment of $ per month for the following months of occupancy until balance is paid in full. The amount of the Security Deposit shall not exceed the greater of $50.00 or the Family's Gross Contribution at the time of the execution of this lease, whic.1 is $ . it is understood and agreed that Resident may not direct the Owner to apply the security deposit to the payment of rent for any month during the lease term. If the Resident vacates the unit, the Owner may, subject to State and local law, use the security deposit as reimbursement for any unpaid rent or other amount that the Resident owes under this lease. If the amount owed by the Resident is less tilan the amount of the security deposit, the Onwer shall refund the full amount or the unused balance to the Resident, in accordance with State and local law. 6. Utilities: The Owner agrees to provide the following utilities and equipment: Electric Yes No Trash Removal Yes No Gas Yes No Refrigerator Yes No Water Yes No Range Yes No Sewer Yes No Resident shall pay for Z1 other utilities. 7. Pets: Resident may _ may not permit a pet on the premises. Page 19 of 45 Pages Agenda Item No. 8.c. figure 2 Page 2 Section 8 Standard Lease 8. Subletting: Resident shall not assign or sublet the dwelling unit at any time during __�_fE_ase agreement. term 9. Notice of Termination bv Owner or Resident: The period of this tenancy is that provided in Section I of chLS contract. However, either party may terminate this agreement at any time wichin the above period by giving thirty (30) days written notice to the ocher party. Notice may be by mail or personal delivery to the party. A copy of the notice shall be provided by the PHA. 10. Termination Due to Termination of Housing Assistance Payments Contract: This agreement shall terminate upon the date of any termination of the 'dousing Assistance Payments ermination of eligibility of the Resident. In Contract, including any termination due to t the event that che PHA determines, after having given the Resident reasonable notice (with a copy to the Owner) and opportunity to respond, that the Resident is ineligibile for further housing assistance payments because of failure to comply with the Resident's obligations under the Certificate of Family Participation, the PRA shall notify the Owner and the Resident of such determination. Such determination shall be grounds for termination of this lease by the Owner. 11. When Owner May Enter: Resident agrees that the Owner and his/her agent, or the — of ?IL&, will be permitted to enter Resident's dwelling unit for the purpose authorized agent of examining the condition thereof, for making improvements or repairs, and to exhibit the unit to prospective purchasers, mortgagees, workmen, or tenants (if resident has given notice of intent to vacate). Such entry may be made only during reasonable hours, and owner except in case of emergency, shall give the Resident at least 24 hours notice of exist requiring his/her intent to enter. if Owner reasonably believes an emergency to immediate entrance to the dwelling unit, the owner shall within 24 hours after the entry notify Resident in writing of the date and time of the entry and of the emergency which necessitated such entry. 12. Maintenance and Services: The Owner agrees to maintain the unit and all the equipment provided therewith, as well as common areas, facilities and equipment for the use and benefit of the Resident in compliance with the Housing Quality Standards, and the Owner shall respond in a reasonable time to requests by Resident for repair, maintenance, and any services consistent with said obligation. where applicable (as is case of multi—unit buildings) such maintenance with respect to common areas, facilities, and equipment, grounds, lawns, and shrubs; and removal of snow and ice. Extermination services shall be provided by Owner as conditions may require. if such service is to be provided on a :cheduled basis, the schedule is as follows: . (Specify, or tate "No Schedule"). Repainting shall be provided by Owner as conditions may require. If such service is to be provided on a scheduled basis, the schedule is as follows: ___�Specify, or state "No Schedule"). 13. Noise and Other kctivities: The Resident agrees to conduct herself/himself and cause to conduct themselves in a —;e— s and 0 ther r--ns, who are on the premises with his/her consent, manner which will not disturb neighbors' peaceful enjoyment of their accommodation will be conducive to maintaining the dwelling unit in a decent, safe and sanitary condition, to refrain from illegal or other activity which impairs the physical and social environment of the immediate neighborhood. the Resident in the provision 1 4. Discrimination: The Owner shall not discriminate against of services, or in any other manner, on the grounds of race, color, creed, religion, sex or national origin. 15. Resident's Obligations: The Resident shall keep the dwelling unit in a clean and sanitary condition and shall otherwise comply:with all state and local law requirements governing maintenance by the Resident of rented premises. If damage to the dwelling unit (other than normal wear and tear) is caused by acts or neglect of the Resident or others occupying the premises, as permitted, upon prior agreement with the Owner (or owner'11 representative), the Resident may repair such damage at the Resident's own expense. if the resident fails to make the agreed repairs, the Owner may cause such repairs to he made and the Resident shall be liable to the Owner for any reasonable and necessary expense thereby incurred by the Owner. Moreover, the Resident agrees to perform all her/his obligations under the Housing Assistance Payments Program, including the obligations to (a) provide such family income information and records as may be required in the administration of the program (b) permit inspection of her/his dwelling unit at re a s onable times as provided by paragraph 11 hereof, and (c) give notice to PHA or its agent(s) of the resident's intention to vacate the unit. figure 2 Page 20 of 45 Pa es page 2 Agenda Item No. % C. -16- Page 3 Section 8 Standard Lease 16. Eviction: The Owner shall not evict the Resident unless the Owner complies with the requirement of State and local law, and of this provision. The Owner shall give the Resident written notice of the proposed eviction, stating the grounds and advising the Resident that she/he has ten (10) days (or such greater number, if any, as may be required by law) within which to respond to the owner. Because the Owner under the Housing assistance Payments contract, must obtain PHA authorization for an eviction, a copy of the notice shall be furnished simultaneously to PHA. The notice shall state that the resident may within ten (10) days present his/her objections to PHA in writing or in person. PHA shall examine the grounds for eviction and shall authorize the eviction unless it finds the grounds insufficient under this lease. PRA shall notify both parties of its determination, within twenty, (20) days of the date of notice to the Family, whether or not the Family has presented objections to PHA. If the Owner has not received a response from PRA within twenty (20 days), Owner shall telephone PHA and shall be informed by them whether a notice of determination has been mailed. If PHA informs the Owner that no notice has been mailed within the twenty (20) day period, PRA shall be deemed to have authorized the eviction. 17. Changes and Amendments: This contractual lease, together with any future adjustments or rent or dwelling unit, evidences the entire agreement between the Owner and the Resident. No change or amendment hereto shall be made except in writing, signed and dated by both parties hereto and approved by the ?RA except as otherwise specifically provided in this lease. 18. Lease Contingent on Execution of Housing Assistance Pavments Contract: This Contract has been signed by the parties on the condition that the PRA will promptly execute a Housing Assistance Payments Contract with the Owner. Accordingly, this lease shall not become effective unless the PRA and Owner have executed such Housing Assistance Payments Contract by the first day of occupancy specified in the lease. THIS IS A BINDING LEGAL DOCUMENT READ CAREFULLY BEFORE SIGNING Resident (print) owner (print) BY (signature) BY (signature) Ark& Date Date f igure 2 page 3 Page 21 of 45 Pages Agenda Item No. 8.C -17- SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM MONTHLY BILLING PAGE FINAL OF AS OF: CONTRACT NO. RECIPIENT VENDOR NO. HAP (1) UTILITY (2) SUBTOTALPAGE BILLING TOTAL I HEREBY CERTIFY THAT THE FOREGOING PAYMENTS HAVE BEEN REVIEWED AND ARE ELIGIBLE FOR PAYMENT. SUPPORTING DOCUMENTATION IS ATTACHED HERETO. HOUSING COUNSELOR III DATE BILLING KEY: REVIEWED.AND APPROVED FOR PAYMENT HAPPAYMENT (1) UTILITY ALLOWANCE (2) DAMAGE CLAIM (3) DATE VACANCY CLAIM (4) PLANNER II PARTIAL PAYMENT (5) CHANGE IN PAYMENT (DOCUMENTATION ATTACHED) (6) CHECKS RECEIVED DATE DOCUMENTATION SUBMITTED WITH SUPPLEMENTAL BILLING SHEET (7) Page 22 of 45 Pages Agenda Item No. 8 .c. < 0 LL- ui < < :E Z 'cr- < 0 LL uj w w 0 a w CL (n z z 0 < LLJ 03 w < I-- z < w z 0 cr) F- w ir 0 0 0. CL z LJ LL w < ir z < w 00 M z w a. 0 0- UJ uj 0 < —J z LLJ (f) cr- U) Z 0 LL D =:) z 0 0 M C) f igure 4 Page 23 of 45 Pages Agenda Item No. 8-c LL 0 .4 j 31t z 0 CL + t U3 U) s- UJ .9 D 2 cc w mi J cm > 44 U) w w z 0 0 0 IA3 cn 0 0 3ZI M:; cr) 0 D z a z 0 0 0 39 cr 0 2 0 a w 0- w (n CO :71 z U- OD at z wo 2 T 0 LL I.- Lj z t .4 CL 0 IL 0 z w -tt w 0 cn F Cc 0 'A 0 442 0 UZ oc W) w .4 w w OK a a bj 0 Page 24 of 45 Pages Agenda item No- figure 5 -20-- 110 C�j --I Ln cn cn r- CD r- C)" Lr r,� llc� C� C� C� C(i r- cn C14 co C) (D C, co igi Z 0 X 00 c I-jig I I f I 1 4, 00 C 'IN 0 0 0 C14 (31, C� CO —4 M Hit x x x Cl) 4-1 CU >1 >4 x �4 >% ca r-1 �4 :J cl "d cli 0 " -0 .H 0 $4 '0 -H CL) 0 �4 CID 0, 1:1) C-11 J) w 7 C) 1 C', a4 a4 04 9�4 0 0 �4 4-4 Cal w 0 �4 P 4-4 (A F-4 �-4 0 co ca �--4 U En $4 $4 U) M 0 0 41 1-4 1-4 0 (V �-4 �4 U M 0 4-j C13 �4 �4 C� 4-J -Li U 0 ca —4 a 0 0 M 0 U U 0, CL rM U >1 U) 4-j (U �4 to tD E-4 r- 0 w M a) H r-1 H .14 -�d U) (n w Q) E-4 E-4 H C13 = :1 (1) 'a —4 0 0 —4 0 0 U U U -K -x -k -x -K -x figure 5 Page 25 of 45 Pages Agenda Item No. 8 .c., -21- FY 1981-1982 BUDGET SECTION 8 HOUSING ASSISTANCE PAY,',1ENTS PROGRAM ACCT. 1-1-82/ 7-1-82/ FY 81-82 NO. LINE ITEM 6-30-82 9-30-82 4112 Salaries, Clerical $* $ 2,240 $ 2,240 11,716 4113 Salaries, Operational 11,716 4121 FICA Contributions 935 935 4122 Retirement Contributions 635 635 4123 Life Insurance 77 77 4124 Health Insurance 600 600 4126 Incentive Pay: Permanent 0 173 173 Incentive Pay: quarterly 0 432 43-2 4127 16 16,808 Total for -Z-1—XXAccounts 4210 Motor Vehicle Supplies 0 196 196 4220 office Supplies 300 300 4223 photographic Supplies 0 38 38 Total for 42XX Accounts 534 534 4310 Maintenance: Motor Vehicle 0 38 38 4320 Maintenance: office Furn & Equip*— 0 . 0 Total for 43XX Accounts 38 38 4410 T.elephone & Telegraph 675 675 4441 Memberships 0 4442 Travel 240 240 4470 Advertising 0 150 150 4471 Binding, Print & Repro 272 189 461 4475 Housing Assistance Payments 280,254 140,127 420,381 4476 Administrative Fees 22,948 0 22,948 4491 Postage 233 233 Total for 44XX Accounts ^303,474 1�11,614 445 088 4522 Auto Insurance 0 28 — 28 0 28 28 Total for 45XX Accounts - 5410 Motor Vehicles 8,000 0 8,000 5421 office Equipment . 292 - 0 292 Total for-T4Z�—Accounts 8- 92 0 81292 TOTALS FOR 46-855 $*311,766 $ 159,022 $ 470,788 MAXIMUM AUTHORIZED: $ 420,381 HAP (855-4475) 54,331 ADMIN (All Other) 474,712 PROGRAM EXCESS: $3,924.00 *Note: These account numbers have expenditures for this period paid under Account Number 4476. figure 6 Page 26 of 45 Pages Agenda Item No. -8 .c. -22- PLANNER 11 NATURE OF WORK This is advanced technical work in planning and community develop- men t. Work involves responsibility for performing varied responsible assignments in compiling, analyzing and recording and reporting data, pre- paring reports, reviewing proposed land uses for conformity with legal and other requirements or for administering community development projects. Work is expected to be performed in accordance with legal requirements, federal standards, where applicable, and established departmental procedures but with technical independence in selecting general work methods, achieving desired results and maintaining effective relations with affected or bene- fited individuals and groups. Work is carried out under the general super- vision of a Planner III who provides general and special instructions and reviews work results for technical soundness and quality of presentation. Work may involve responsibility for supervising other staff members as project leader or for relief purp oses. ILLUSTRATIVE EXAMPLES OF WORK Reviews preliminary and final subdivision plats for conformity with ordinances and other requirements and assists in analyzing plats and formu- lating conditions of acceptance; supervises maintenance and update of compu- terized data bank; provides staff support to historic preservation, collect ing and analyzing data and assisting in analyzing design review applica- tions; conducts planning research arid prepares oral or written reports on variety of planning and land use issues; advises the public, developers and others on land use and development matters and related federal, state and local requirements; processes flood plain, mobile home and adult entertain- ment permits; drafts ordinances for consideration within planning department and presentation to the City Council; prepares background material for pub- lic hearings. Participates in surveys and detailed studies for use in considering policy changes, updates of the general plan or major segments SUch as the transportation improvement plan: collects, analyzes and prepares graphic presentations of data including data on population, land use, transporta- tion, socio-economic conditions and other elements; monitors housing changes of all types for use in planning processes; assists in the analysis of plats to determine impact on land use, transportation and public services; con- ducts cost/benefit studies of possib-le or proposed annexations; participates in the preparation of state and federal grant applications, reviewing and analyzing federal and state regulations and guidelines; prepares reports related to planning studies. Administers the housing rehabilitation program; receives applica- tions for rehabilitation assistance, conducts field inspections and other- wise verifies applications; evaluates applications and recommends applica- tions for approval; prepares hid invitations, receives and reviews bids, f igure 7 Page 27 of 45 Pages page Agenda Item No. 8 .c. 2 3 PLANNER 11 (continued) assists applicants in contracting, arranges for inspection of work in prog- ress and on completion and prepares documents for payments; conducts clos- ings and transfer of liens; makes periodic evaluations of program and recom mends changes for coming period; administers Section 8 housing assistance payments, preparing administrative and equal opportunity statements, annual budgets and fund requests and other documents; conducts rent studies and prepares fund requests and monthly billings; provides assistance to subcon- tractor on grant requirements; prepares housing assistance plans, surveying housing conditions, preparing grant applications and reviewing developer onducting applications for federal assistance; prepares relocation plans, c surveys of affected occupants and determining their needs and assisting families and businesses in relocations; prepares summaries of relocation activities. Administers community development block grant program; prepares bud- get, sets up budgetary accounting classifications, processes payment author- izations and prepares requests for funds; processes budget transfers and maintains account controls; prepares annual citizen participation plan to accompany annual programs and plans for lower income businesses and resi- dents participation in program; monitors contracts to assure compliance with federal requirements; assists in citizen participation process; compiles data for and prepares a variety of subsidiary documents for submission with grant applications; prepares periodic reports of activities performed and expenditures and obligations incurred; prepares memoranda, letters, resolu- tions and other documents; performs research on special assignments. Performs related work as required. REQUIREMENTS OF WORK Graduation from an accredited four-year college or university sup- plemented by completion of an approved master's degree program in planning geography, urban affairs or a related field; and some experience in plannin.; or community development work, preferably in local government; or any equi- valent combination of training and experience which provides the following knowledges, abilities and skill.s: Considerable knowledge of modern theories, principles and techniques of urban planning and community development. Considerable knowledge of legal provisions and federal standards and guidelines applicable to planning and community development. Considerable kno%vledqe of the sources and limitations of planning data, of applicable methodologies in the analysis and treatment of such data and of the use of computers in maintaining data bases and analyzing data. f i-ure 7 Page 28 of 45 Pays page 2 Agenda Item No. C. -24- PLANNER 11 (COntinUed) Knowledge of community needs and problems as related to planning, land use management and community development. Ability to evaluate needs and to develop relevant planning and com- munity development solutions. Ability to prepare and present reports effectively, orally or in written form. Ability to establish and maintain effective working relationships with others. City of Wichita Falls 3-31 r figure 7 -page 3 Page 29 of 45 Pages Agenda Item No. C. HOUSING COUNSELOR III This is responsible technical and supervisory viork in directing and participating in the Section 3 Housing Payments Assistance Program. 'ged in interviewina Dotential Work involves supervision of subordinate staff enga participants and in inspections. Work also entails inspection activities and records-keeping activities. Work is performed under the direction of a in Planner with latitude to the exertion of independent judgement and action with the frairework of established policies and procedures. Work is revie,.-ied through conferences and reports for results obtained. ILLUSTRATIVE EXAMPLES OF WORK 1. Supervises the work of staff engaged in interviewing and inspections. 2. Interpret Federal and City of Wichita Falls policie s , procedures and regulations to program participants and staff. 3. Keeps informed of area rent for preparation of fair market rent increase requests; collect data on utility consumption and rate and conducting the annual utility study required by HUD; prepares various monthly program reports. 4. Maintain and approve monthly Housing Assistance Payments Register. 5. Resolve special problems as referred by staff. 6. Conduct annual inspections of all units enrolled in the Section 8 Housing Program using established procedures and standards. Inform landlords of repairs needed to meet program standards and work with landlords for inspection approval or dismissal of unit from program participation. 7. Perform related work as required. REQUIREMENTS OF WORK Graduation from an accredited four-year college or university with major course ,lad" work in Public Administration, Business Ad.inini.stration , .Social Science, or re fields. and experience in Housing Management or any equivalent combination of training and experience which provides the following knowledges , and abilities or skil.IS : - ' public administration. Knowledge of the practices and procedures of modern Knowledge of housing occupancy policies and procedures. Knowledge of modern building construction materials and methods. Ability to supervise subordinate technical and clerical staff. Ability to communicate effectively, orally and in writing. figure 8 page Page 30 of 45 Pages Agenda item No. -8 -c- 2 6- HOUIING COUNSELOR III (continued) ility to prepare and maintain various records and reports . Ability to analyze data. Ability to establish and maintain effective working relationships. Aw figure 8 page 2 Page 31 of 45 Pages Agenda Item No. 8.c. -27- NATURE OF WORK HOUSING COUNSELOR 11 This is technical work in inspection of housing units under the Section 3- Housing Assistance Payments Program. I r Work involves responsibility for the inspection of units under construction for program inclusion and to ensure that units continue to meet standards. Incumbents of this class work independently, but under the general super- vision of a Housing Counselor III . Work i.s evaluated through conferences and reports for results obtained. 1 . Inspects all units under consideration for inclusion in the Section 8 Housing Program using established procedures and standards; informs land- lords of repairs needed to meet program standards and works with landlords for inspection approval or dismissal of unit from program participation. 2. Conducts annual inspections of all units enrolled in the Section 8 Housing Program using established procedures and standards and coordinates with land- lords for program approval complaint, prerelocation, and move-oui inspections as 3. Performs preliminary, assigned. 4. Negotiates requested rents for initial and annual renewable contracts with. owner. Contract rent approval to be reviewed for Rent Reasonableness criteria 5. Performs outreach to owners as assigned, and interpret Federal and City of Wichita Falls policies to interested owners. 1 6. Maintains necessary forms and records of inspection results. 7. Assumes responsibilities of Housing Cou nselor I Il in his/her absence. 8. Performs related work as required REQUIREMENTS OF WORK Graduation from high school supplemented by completion of college level course rk ration, and experience in public contact wo work in business or public administ lent combination of preferably- related to the building trades; or any equiva training and experience which provides the following kn ow ledges, abilities , and skills. Knowledge of approved materials*, methods , and techniques used in .building construction. Ability to determine standard violations and to determine appropriate .remedial action. figure 9 Page 32 of 45 Pages Agenda Item No. B.C. page -28- HOUSING COUNSELOR II (continued) Ability to communicate effectively, orally and in writing. Ability to establish and maintain effective working relationships. figure 9 page 2 Page 33 of 45 Pages Agenda Item No. 8 -C. _29- HOUSING COUNSELOR I NATURE 01 WORK This is technical work in providing rental assistance to eligible applicants through the Section 8 Housing Payments Assistance ,Program. Work involves responsibility for interviewing applicants to determine program eligibility, approving rates and payments , and inspecting housing units under on. Work is performed under general super-. consideration for program participati ation and vision of a Housing Counselor Ill . Work is reviewed through obsery conferences for adherence to procedures and results obtained. 1. Inspects all units under consideration for inclusion in the Section 8 Housing Program using established procedures and standards ; informs landlords for inspec- tion approval or dismissal o.f unit from program participation. 2. Illustrative Examples of Work Interviews. housing applicants to verify applications , and determine eligibility and gross family contribution in accordance with program guidelines ; maintains C_ up-to-date files and records of applications and update pending applications. 3. Assists in negotiations with owners for available units; review and approve contracts , leases or other paperwork related to move-in and move-out, including utility rates and Housing Assistance Payments. applicants on the status of applications; notifies applicants of 4. Confers with reasons for disapproval of applications as required by eligibility; and interpret ogram guidelines. Federal and City of Wichita Falls pr 5.. Conduct orientation interviews and issue certificates to eligible families. 6. Schedules and conduct annual reexaminations of assisted families by verifying income and family status , approving rental adjustments , scheduling inspection of unit, and calculating City of Wichita Falls and tenant payments ; conduct- Special Reexaminations as requested and required by program guideline's , and upon proper �__M verification, coordinates adjusted payments with the accounting department. 7. Performs related work as required and assigned. REQUIREMENTS OF WORK 1 . Graduation from high school and some experience in housing and general office procedures or any equivalent combination of training and experience which provides the following knowledges , abilities, and skills. Ability to interview applicants. Ability to type 45 wpm. 2. Knowledge of techniques and methods of interviewing. 3. Knowledge of housing construction. figure 10 Page 34 of 45 Pages C, Agenda Item No. 8 -c. page 1 1 ' -3O� Fi� HOUSING COUNSELOR I (continued) 4' Some knowledge of modern office practices ` procedures , and equipment' 5. Ability to type. . effectively, Orally, and in writing. �. Ability �O communicate e C , , , Oil7. Ability to maintain effective working relationships with Others' R° = k� .� |` L� L� figure lO page 2 Page 35 of 45 Pages �� Agenda Item No. 8,c, -31- CLERK TYPIST I NATURE OF WORK This is responsible work in providing a variety of skilled typinq and clerical assistance in an office. Work involves skilled typing and other clerical assignments which can he learned by training on the job. Detailed instructions are given at f work and on subsequent new assignments; however, after the beginning 0 with assigned tasks, wor.k. is performed with co'n d employees become familiar nd under general supervision. Work is performe siderable independence a of a clerical or administrative superior and is under the supervision ation and inspection of completed work products for reviewed throuch obsery lass is distinguished from that of Clerk I results obtaine�. Work of this c by the skill level of typing required. ALLUSTRATIVE EXAMPLES OF WORK d Types letters., tables, reports, forms, envelopes, memoranda an other material from copy, rough drafts, dictating machines or oral instruc- tions Sorts and files cards, letters or other documents and/or items alphabetically, numerically, chronologically or by subject matter in a file identified as to file subject; system where the material is clearly terminable retrieves materials from files where the subject is readily cle within the filing system. ed tion from one clearly identifi Transfers numbers or other informa I source document to another clearly identified document, source or output form; opens, sorts and distributes incoming mail. s the accurac y of basic arithmetical computations and Makes or check posts results to clearly identified and pre-determined format and/or entries. Attends a .counter or recz!ption desk; receives incoming telephone calls or visitors; transmits messages, supplies information and refers callers to requested party. at types of standard office equipment such as adding Operates sever and duplicating devices where conditions of work machines, calculators require no previous training. Performs related work as required. Page 36 of 45 Pa8es figure 11 Agenda Item No. 8.c. page -32- CLERK TYPIST I (continued) REQUIREMENTS OF WORK Graduation from hicih school and experience in general clerical and which typing work; or any equivalent combination of training and experience provides the following knowledges, abilities and skills: Knowledge of modern office practices, procedures and equipment. Knowledge of business English, spelling and arithmetic. Ability to type accurately from rough draft, plain copy or dictating machine at a reasonable working rate of speed. Ability to understand and follow oral and written instructions. Ability to learn assigned clerical tasks readily and to adhere to prescribed procedures. Ability to make simple arithmetical calculations accurately and with reasonable speed. Ability to establish and maintain effi�ctive working relationships with others. Skill in the operation of a typewriter at a prescribed rate of speed. City of Wichita Falls 3-81 figure 11 page 2 Page 37 of 45 Pages Agenda Item No. -33- EQUAL OPPORTUNITY HOUSING PLAN OBJECTIVE I: OUTREACH TO LOWER INCOME FAMILIES A. A paid advertising program will be used to add any additional increments of approved housing units to the existing Section 8 program. To the exte.Lc that administrative funds are available, paid advertisements will be published in the Wichita Falls Times and Record News bi-weekly for a two week period each quarter of the fiscal year. All advertisements will include the "Equal Housing Opportunity" logo and conform to the advertising guidelines established by the Department of Housing and Urban Development (HUD) . B. In addition to the foregoing advertising effort, quarterly press releases be utilized to inform the public and all area media of the Housing Assistance Program. Such press releases will be in accordance with established HUD guide- lines. Also, Fair Housing brochures will be distributed to .interested parties through the Planning Department, Public Housing Authority, Community Action Corporation, real estate offices, Senior Citizens Service Centers, Wichita Falls Mental Health and Mental Retardation Center, and other interested community agencies and organizations. Finally, the City has established and will maintain community contacts with the American G. I. Forum, Senior Citizens Services of C North Texas, Community Action Corporation, Public Housing Authority, local real estate offices, Neighborhood Action Groups, the NAACP, the Sheppard Air Force Base Housing Referral Office, Wichita Falls Mental Health and Mental Retardation Center, and area civic clubs. The foregoing methods of contact will afford the widest possible base for publicizing the Housing Assistance Progi C. In the judgement of the City of Wichita Falls, based on past experience, elderly, handicapped and very low-income blacks, Mexican-Americans, and whites are not otherwise expected to apply for Certificates of Family Participation without special outreach efforts. D. In order to stimulate applications from the above special outreach groups, information explaining the Section 8 program will be disseminated to churches within neighborhoods of minority group concentrations, to organizations specializing in handicap rehabilitation, i.e. , Beacon Lighthouse for the Blind, Texas Rehabilitation Center, North Texas Rehabilitation Center, and Wichita 99ka Falls State Hospital, a I nd to organizations providing aid to the elderly. E. Because of the wide-spread information services provided as described in preceding paragraphs, it is determined that special outreach for persons in the expected-to-reside category will be limited to providing information con- cerning availability of Section 8 Housing to the Board of Commerce and Industry and the Texas Employment Commission. F. The City of Wichita Falls will create and publish a Section 8 Program Brochure to be distributed through the methods described in Sub-Part B above. Also, a monthly newsletter will be created and distributed in like manner. This news- letter will contain appropriate information on available units, program changes, important meetings and other similar information. Page 38 of 45 Paggs Agenda Item No. C. -34- OBJECTIVE II: PROMOTING GREATER HOUSING OPPORTUNITIES FOR FAMILIES OUTSIDE AREAS OF LOW-INCO'ME AND �,IINORITY CONCENTRATION A. The City of Wichita Falls has defined those areas of the City which have an above average concentration of minority population. The attached figures 1 an - 2 indicate impacted areas using data available from 1980 Census (P.L. 94- 171) counts. The strategies developed to implement this objective will utilize these defined areas of minority concentration. B. The media strategy to be used in notifying owners of rental property of the availability of Section 8 Housing Assistance Payments will be the strategy described in I-A and 1-B above. This will be a recurring process of sufficient magnitude to assure sufficient units to achieve a minimum lease-up of 95%. n C. In order to encourage and promote participation by ou ers of units outside low income and minority areas, the City of Wichita Falls will provide information to the Wichita Falls Board of Realtors, the North Texas Rental Property Associa- tions and local real estate developers inviting participation from all areas of the City. The acceptable level to be maintained will assure that at least 30% of all minority families reside outside an impacted area. D. The Housing Counselor III will be responsible for explaining program regulations and provisions to owners who have signed a Request for Lease Approval. This will be accomplished in every case and shall include Local, State and Federal regulations concerning equal housing oppor- tunities, complaint and appeal procedures. E. Information on Local, State and Federal Fair Housing laws and the use of Form HUD-903, Housing Discrimination Complaint, will be provided to all eligible applicants, owners, and agencies which were listed in I-B, I-D, and I-E. F. The Section 8 staff shall maintain a list of housing units which have been qualified and are available for lease by recipients of this program. As applicants are qualified for participation in this program, the list of available units will be provided to assist in the search for housing. If a qualified applicant desires to pursue housing which does not appear on the list of available units, nothing provided in these procedures shall prohibit such action. Further, nothing in these procedures shall prohibit a qualified applicant from pursuing a contract for housing assistance to continue occu- pancy in a dwelling unit which the applicant presently occupies. The Section 8 staff shall provide all necessary assistance to qualify a dwelling unit which does not appear on the list of available units. G. In addition to the foregoing assistance, the Section 8 staff will, on request, provide further assistance to families who, because of age, handicap, or other reasons, are unable to locate approvable units. H. A survey of Section 8 tenants was conducted in March, 1982. This survey selected tenants from all areas of the City with 26% residing in racially impacted neighborhoods. Of those surveyed, 92% indicated no desire to move from their present residence. Of those 8% desiring to move, half indicated a desire to remain in their present neighborhood. The only significant change in choice of housing expressed was that 70% of the tenants would prefer to own their homes if funds were availzible. A similar survey conducted in May, 1978 revealed that 93% of the tenants surveyed indicated no desire to relocate. In view of the indications of these surveys, the City of Wichita Falls will continue to assist participants in the Section 8 Program in finding suitable housing in all areas of the City based on the participants' area of choice. Page 39 of 45 Pages 8.C. Agenda Item 140- -35- OBJECTIVE II, page 2 I. The Section 8 Housing Assistance Payments Program operated by the City of Wichita Falls will be limited by the geographical boundaries designated by the Board of Aldermen as the city limits of Wichita Falls. The attached legal opinion of the City Attorney's office is the basis for this determina- tion. (Figure 3) Page 40 of 45 Pages Agenda Item No. -L-C. I WICHITA FALLS - 19SO CENSUS (P.L. 94-171) COUNTS PERSONS OF CENSUS INDIAN, ASIAN AND SPANISH TRACT TOTAL E SK I MO, PACIFIC WHITE BLACK ALEUT ISLANDER OTHER ORIGIN MBER POPULATION UN 00 149 15 16 136 208 101 .1,516 "200 38 328 483 102 2,273 1,796 97 14 103 1,945 215 1,436 10 -4 280 409 104 2,322 64 2,172 5 2 79 105 105 1,278 378 841 8 9 42 87 106 2,550 2,395 30 6 7 112 232 107 2,760 2,474 - 49 6 26 205 301 108 2,837 2,575 24 16 17 205 297 6 61 97 k"1% 109 2,091 1,999 14 11 34 202 380 110 3,292 2.960 74 22 1,972 83 8 43 428 879 2,543 8 96 168 177 97�. 112 874 507 95 - 35 53 113 1,688 313 1,325 15 51 312 416 114 2,720 2,146 199 12 126 115 2,107 1,962 40 5 37 63 116 2,081 1,968 3 12 3 95 186 2 10 33 117 2,193 2,175 5 1 5 15 28 118 1,912 1,892 - 119 2,961 2,849 41 8 12 51 85 4 049 3,890 65 15 36 43 68 120 1 35 43 73 121 2,658 2,556 7 17 153 122 5,421 5,172 112 13 54 70 123 2,995 2,910 6 8 32 39 155 4,391 35 5 25 29 103 124 4,485 29 125 1,304 1,274 8 4 15 3 126 1,958 1,880 10 10 19 39 76 127 2,799 2,672 14 10 16 87 ' 208- 128 3,113 3,032 7 11 20 43 109 129 1,216 1,190 6 3 1 16 92 130 3,051 2,720 163 35 36 97 248 3,371 2,869 232 20 129 151 245 131 4,075 1,645 22 160 182 325 132 6,084 38 62 144 133 1,940 1,645 173 22 134 7,823 5,859 1,289 40 186 449 556 :GRAND 7,162 T L 10,449 417 TOTALS 94, 01 77,975 figure 1 Page 41 of 45 Pages pf-, Agenda Item No. 8 .c -37- MINORITY POPULA7,1,clv DISTRIBUTION 0% 0% ABOVE AVERAGE CONCENTRATION CONCENTRATION 1-3 ABOVEAVERAGE ST*-"qi4 12 104 129 lZ7 7.51 10 101 "B 110/, 102 1 9 105 A) 128 L Cb 107 106 2-7 3A 126 119 125 117 115 r---1 124 0c ; 120 12l 8 123 J Page 42 of 45 Pages figure 2 Agenda Item No. -8 .c. -38- city Of WICHITA F.Y'ALLS 1300 7th Street P.O. Box 1431 817-322-5611 Wichita Falls. Texas 76307 OFFICE OF CITY ATTORNEY May 3, 1982 Mr. Gene Buss Attorney Advisor Department of Housing and Urban Development 2001 Bryan Tower - 4th Floor Dallas, Texas 75201 Re: Section 8-PHA Dear Mr. Buss: can find no authority for the City of Wichita Falls or any of its departments to enter into contracts with landlords beyond the present or future city limits It is therefore my opinion that the City may not enter into such contracts. Respectfully, Kyle S. Morrison Assistant City Attorney KSM/lft cc figure 3 Page 43 of 45 Pages Agenda Item No. 8 .c. _39- OBJECTIVE III: ENSURING EQUAL OPPORTUNITY TO APPLICANTS FOR PARTICIPATION IN THE EXISTING HOUSING PROGRAM AND IN THE SELECTION OF CERTIFICATE HOLDERS A. The City of Wichita Falls will establish and adhere to the application procedures outlined in HUD Handbook 7420.7, Public Housing Agency Adminis- trative Practices for the Section 8 Existing Housing Program. When the number of applications approved under this process exceeds the number of authorized units, a waiting list will be established. The waiting list will contain sufficient data to enable the determination of which family is next eligible as units become open. In' the event the waiting list should contain more applicants than could be served in one year, the City may suspend the taking of applications. If this action is taken, a public announcement will be made. When application-taking is resumed, public notice will also be made. Special preference will be granted to families displaced by governmental action. Applications will be taken from these persons at all times and placed in housing on a first priority basis. Any applicant on the waiting list who accepts housing in another subsidized housing project within the City will be dropped to the bottom of the list in order to provide preference to families without housing assistance. B. Selection of Certificate holders will be governed by two basic eligibility criterion: (1) the applicant must qualify as a family, and (2) the family gross annual income must fall within the income limits for the City. Other factors affecting applicant eligibility have been adopted by the City as described in HUD Handbook 7420.7, Chapter 4-4c(l)-(4) . Those applicants determined to be ineligible for participation as a result of comparison to established criteria shall be notified in writing. The following ordered preferences will be used by the Housing Counselor III in determining the issuance of Certificates: (1) Residents of Wichita Falls (2) Displaced persons (3) Elderly (4) Disabled persons (5) Handicapped persons (6) Occupants of substandard housing (7) Very low-income families (8) Low-income families (9) Single persons meeting income guidelines (10) Non-residents Page 44 of 45 Pages Agenda Item No. 8.c. -40- OBJECTIVE IV: PROVISION OF SERVICES AND ASSISTANCE TO FAMILIES THAT ALLEGE THEY HAVE ENCOUNTERED DISCRIMINATION DURING THEIR HOUSING SEARCH A. The services to be provided to a family in finding a suitable unit will include those services described in Objective II D-F. B. Those Certificate holders who encounter discrimination in finding suitable housing will be aided by the Fair Housing Administrator as established by an ordinance in the City's Code of Ordinances. OBJECTIVE V: UTILIZATION OF A LOCAL FAIR HOUSING ORGANIZATION OR ORGANIZATION SERVING THE HANDICAPPED T Ihe City of Wichita Falls does not propose to subcontract with a Fair Housing Organization or Organization serving the Handicapped in the Existing Housing Assistance Payments Program. OBJECTIVE VI: PROMOTING EMPLOYMENT OPPORTUNITY IN THE PHA'S EMPLOYMENT PRACTICES A. The Section 8 program administration will be operated by the City of Wichita Falls, an equal opportunity employer. The City will employ a Planner II, Housing Counselor III, Housing Counselor I, and Clerk Typist I. All are to be 100% Section 8 funded. The City will provide monitoring through the Planning Department and fiscal management through the Finance Department. The personnel directly funded under this program are represented in the following table. TITLE ETHNICITY GENDER SALARY Planner II White M $18,787 ON Housing Counselor III White F 15,419 Housing Counselor I White F 13,969 Clerk Typist I White F 8,957 These personnel are currently employed by the City's subcontractor, Community Action Corporation. B. The City of Wichita Falls is an equal opportunity employer. Through the adoption of an official Policy Statement, an Affirmative Action Plan and the Guide to City Employment Practices, every effort is being made to comply with equal opportunity employment practices within city government. Further, all contracts and sub-contracts entered into by the City require equal employ- Lment practices. Page 45 of 45 Pages Agenda Item No. 8.c. rs R I I - I . � �- I .. .-�� I ��' - I .. .. '.-�t � 1-1 ­-1, � I � . I . � I I I � - �.� I � I .� -I:�':�,... .1 " I - I I.'-,., , I.� .I- .- I . I I � � � . I � .1 I �,-�.--- :. .:;-� *-,-� "'..'- - I I .- - I. . 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