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Min 07/06/1982 376 Wichita Falls , Texas Memorial Auditorium Building July 6, 1982 Items I & 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 Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Horace 0. Boston Stuart Bach City Manager Kyle Morrison Asst. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer - - - - - - - - - - The invocation was given by Chuck Miller, Eden Hills Baptist Church. - - - - - - - - - - Item 13a Mayor Cook announced that the Board of Aldermen would go into executive session pursuant to Article 6252-17, paragraph (e) , pertaining to possible litigation. They recessed at 8:31, and resumed the meeting at 8:51. - - - - - - - - - - Item 3 Moved by Alderman Hampton that minutes of the meeting held June 15, 1982, be approved. Motion seconded by Alderman Boston, and carried unanimously. - - - - - - - - - - Items 4a - 8a Item 7a was moved to the regular agenda. Moved by Alderman Shearman that the remaining items on the consent agenda be approved. Motion seconded by Alderman Morris. Item 4a RESOLUTION NO. 107-82 RESOLUTION APPROVING AND ACCEPTING A REVISION TO THE CITIZENS TRAFFIC SAFETY COUNCIL BYLAWS. WHEREAS, the resolution which re-established the Wichita Falls Citizens Traffic Safety Council contains certain provisions regarding the preparation of budgets in accord with City policies and procedures; and, WHEREAS, the bylaws of the Wichita Falls Citizens Traffic Safety Council were not previously consistent with the aforementioned budgetary policies and procedures; and, WHEREAS, the Wichita Falls Citizens Traffic Safety Council desires to change its policies so that they are consistent with the City's budgetary policies and procedures. 377 Item 4a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bylaw amendment proposed by the Wichita Falls Citizens Traffic Safety Council as attached hereto is hereby approved and that the fiscal year for the Council is now established as being the period beginning October 1 and ending September 30 of each year. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 5a The bid for an electronic distance surveying instrument for the Public Works Department was awarded to Hewlett-Packard Corporation, Richardson, Texas, in the amount of $8,970.30. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 5b RESOLUTION NO. 108-82 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF HIGH PRESSURE SODIUM FIXTURES TO LLOYD THOMAS CO. WHEREAS, the City of Wichita Falls has advertised for bids for the removal of old fixtures and the installation of new high pressure sodium fixtures; and, WHEREAS, two bids were received, and the bid of Lloyd Thomas Co. in the amount of $16,181.90 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Lloyd Thomas Co. is hereby accepted, and the City Manager is authorized to enter into a contract with Lloyd Thomas Co. for the removal of the old fixtures and the installation of the new high pressure sodium fixtures. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 6a RESOLUTION NO. 109-82 RESOLUTION ACCEPTING CONSTRUCTION OF PICNIC SHELTER AT JALONICK PARK BY C. D. GRAHAM CONSTRUCTION CO. , INC. WHEREAS the City of Wichita Falls and C. D. Graham Construction Co. , Inc. , as Contractor, �ntered into a contract dated April 21, 1982, whereby the Contractor agreed to construct a picnic shelter at Jalonick Park; and, WHEREAS, such construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such construction is $4,000.00, of which none has been paid to the Contractor, leaving a balance due of $4,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such picnic shelter at Jalonick Park is hereby accepted, and the City Manager is hereby authorized to pay to the Contractor the amount due as set out above. 378 item 6a, cont'd- Ayes: Mayor Cook� Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None Item 8a Minutes of the meetings of the following boards were received. a. Park Board - May 17 and June 24, 1982. b. Planning Board - June 9, 1982. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None — — — — — — — — — — Item 7a Mayor Cook asked about the asphalt resurfacing proposed for Weeks Park Tennis Center. Bill Hursh, Director of Parks and Recreation, stated that it is standard street asphalt type surface which they plan to put down over the old concrete base. Mayor Cook noted that some of the newer courts have a surface that gives longer wear with less maintenance. Mr. Hursh explained that they plan to put down the asphaltic concrete, and a color coat. Some materials are presently stored for the color coat. Moved by Alderman Hampton that authority be granted to advertise for bids for tennis court resurfacing. Motion seconded by Alderman Shearman, and carried unanimously. — — — — — — — — — — Item 9a The public hearing was opened on hazardous structures. No one desired to be heard. ORDINANCE NO. 65-82 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 65-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None — — — — — — — — — — Item 9b The first public hearing was opened on annexation of a 3.44 acre tract of land in Arrowhead Industrial District on Randy Drive. No one desired to be heard. Moved by Alderman Hampton that the hearing be closed, and that the Planning Director be authorized to conduct the second public hearing on July 13, 1982, in the area of the site. Motion seconded by Alderman Morris, and carried unanimously. — — — — — — — — — — 379 Item 10a Carlos Wayne Patterson, a Fire Department employee, was honored as Employee of the Month for July. Mayor Cook Presented him with a plaque, and two tickets each to a theatre and dinner. — — — — — — — — — — Item Ila ORDINANCE NO. 66-82 - -- - -- W� ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Hampton that Ordinance No. 66-82 be passed. Motion seconded by Alderman Morris. "AN Alderman Shearman asked if these alleys will handle the trucks? Director of Public Works Ernest Lillard stated that all alleys being paved today will handle the trucks in the alley. These property owners have another 30 days to pay in full , with no interest charge. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None — — — — — — — — — — Item 11b A proposed ordinance was presented requiring notification to property owners when a request for deed restriction ordinance waivers is received. ORDINANCE NO. 67-82 ORDINANCE REQUIRING NOTIFICATION OF ADJACENT PROPERTY OWNERS OF REQUESTS FOR WAIVERS OF ORDINANCES RESTRICTING ISSUANCE OF PERMITS WHICH VIOLATE DEED RESTRICTIONS, AND REQUESTS FOR WAIVERS OF ORDINANCES WHICH AUTHORIZE THE CITY TO FILE SUITS TO ENFORCE DEED RESTRICTIONS. Moved by Alderman Shearman that Ordinance No. 67-82 be passed. Motion seconded by Alderman Boston. Mayor Cook stated that he feels the cost should be what it costs us instead of a set fee. The City Manager felt that a set fee was best, and it could be amended later if $20.00 is not enough. This is what it costs us now. Roger McKinney stated that his staff would spend two or three hours a day for two days, or six man hours for each request. This is for notification purposes only. Alderman Shearman felt that $20.00 is not enough. Moved by Alderman Shearman that the original motion be amended to raise the fee from $20.00 to $50.00. Motion seconded by Alderman Wilson. Roger McKinney stated that the platting fee is $25.00, which this could be in line with. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None 380 Item 11b, cont'd. The original motion for passage of Resolution No. 67-82 was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 11c ORDINANCE NO. 68-82 ORDINANCE WAIVING ORDINANCE NO. 3363 TO ALLOW POSSESSION AND CONSUMPTION OF BEER IN THE SOUTH PICNIC SHELTER OF JAYCEE PARK BY THE PARTICIPANTS IN THE WICHITA FALLS HOBIE CAT FLEET BENEFIT REGATTA ON JULY 24 AND 25, 1982. Moved by Alderman Shearman that Ordinance No. 68-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 12a A proposed resolution was presented authorizing the city manager to execute a contract for architectural inspection of the transfer station. RESOLUTION NO. 110-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH JOHN A. ERICKSON FOR ARCHITECTURAL INSPECTION SERVICES WITH REFERENCE TO THE CONSTRUCTION OF THE SOLID WASTE TRANSFER STATION. 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 John A. Erickson for the performance of architectural inspection services with reference to the construction of the solid waste transfer station, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morris that Resolution No. 110-82 be passed. Motion seconded by Alderman Russell . Alderman Wilson asked when Mr. Erickson had started his inspection work? Ernest Lillard stated that, it was sometime around the first of April . Alderman Wilson noted that Mr. Erickson had not yet received any pay, and asked Mr. Lillard to explain this. Mr. Lillard stated that he had talked to the City Attorneyabout an open- ended contract. The City Manager would not approve it this way on an hourly rate. Because of this confusion, wc, have been working without a contract. Originally it was set up that he would be paid on a day to day basis, and the contract would be terminated at any time. The City Manager stated that he wanted a not to exceed figure put in this contract, and it required Council approval . Alderman Wilson stated that Mr. Erickson has been working since March 23. If we are going to run the City's business we cannot expect people to work for us for that length of time without compensation. We expect them to perform and work on a businesslike manner, and we should do the same. 381 Item 12a, cont'd. City Manager Stuart Bach stated that Mr. Lillard was operating under the principle that it would be on a day to day basis; however, he did not feel it should be that way with a not to exceed figure. Alderman Shearman asked if Mr. Erickson is a local man, and Mr. Lillard stated that he is. City Manager Stuart Bach stated that the City owes Mr. Erickson from $3,000 to $4,000 now. Alderman Hampton stated that it is very shocking for him to find out that we did not obligate ourselves to do it the best way Possible. If something is done wrong down the line, who will be responsible? It will be difficult to prove anything without a contract. He is not pleased that we did not have the contract from the start. The City Manager stated that we can have a letter of approval from a contractor on a day to day basis. He stated that he was afraid it would go beyond the $12,000 cost, and he told the City Attorney and Mr. Lillard to redraft the contract for a not to exceed figure on inspection services. He feels it is good management of our financial resources to have a not to exceed contract. Alderman Shearman asked what the dollar amount is that can be spent without council approval ? The City Manager stated that for day to day purposes there is no limit. There is a limit on public works. Assistant City Attorney Kyle Morrison stated that the rate of pay for Mr. Erickson was $18-00 a day, Plus expenses. Fred Werner, Chief Accounting Officer, stated that he has not consciously paid on a daily basis. As soon as he has signed a contract he will pay him. He stated that he bounced one check back because we did not have a contract. The motion for passage of Resolution No. 110-82 was carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None - - - - - - - - - - Item 12b RESOLUTION NO. 111-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AGREEMENT WITH THE SOUTHSIDE NEIGHBORHOOD ACTION GROUP FOR USE OF A NEIGHBORHOOD CENTER. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Southside Neighborhood Action Group, a non-profit corporation, whereby the City leases to such corporation property for the Southside Neighborhood Center, 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. 111-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 12c A proposed resolution was presented authorizing a first amendment to the fixed base operator's agreement with Southern Aviation of Texas, Inc. 382 Item 12c, cont'd. RESOLUTION NO. 112-82 RESOLUTION APPROVING FIRST AMENDMENT TO FIXED BASED OPERATOR'S AGREEMENT AND AIRCRAFT FUEL SERVICING CONTRACT. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain First Amendment to Fixed Base Operator's Agreement and Aircraft Fuel Servicing Contract, a copy of which is attached hereto, between the City of Wichita Falls and Southern Aviation of Texas, Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morris that Resolution No. 112-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 12d A proposed resolution was presented approving and accepting remodeling of the Heydrick Building as an eligible blighted area project. RESOLUTION NO. 113-82 RESOLUTION APPROVING AND ACCEPTING THE HEYDRICK BUILDING IMPROVEMENT PROJECT AS AN ELIGIBLE PROJECT WITHIN THE CITY'S DESIGNATED BLIGHTED AREA. WHEREAS, the proposed Heydrick Building Improvement Project will contribute significantly to redevelopment objectives in the City's blighted area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of public purposes, as defined by the Development Corporation Act of 1979, as amended; and, WHEREAS, such project will contribute to the economic growth of Wichita Falls by increasing employment opportunities, increasing the tax base and promoting commerce within the City; and, WHEREAS, such project is an acceptable project of the commercial type. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls approves the Heydrick Building Improvement Project as an acceptable commercial project within the City's designated blighted area. Moved by Alderman Morris that Resolution No. 113-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris and Boston Nays: Alderman Shearman . . . . . . . . . . Item 12e A proposed resolution was presented accepting the designation of Kemp Public Library as an area library. This will allow us to make use of a variety of services provided by the North Texas Library System. RESOLUTION NO. 114-82 RESOLUTION ACCEPTING THE DESIGNATION OF THE KEMP PUBLIC LIBRARY AS AN AREA LIBRARY UNDER THE LIBRARY SYSTEMS ACT OF 1969. 383 Item 12e, cont'd. WHEREAS, the 61st Legislature of the State of Texas approved House Bill 260, authorizing the State Library Systems Act of 1969; and, WHEREAS, the Texas State Library and Archives Commission is responsible for the administration of the Library Systems Act of 1969; and, WHEREAS, the Texas State Library and Archives Commission has authorized the designation of the Kemp Public Library as an Area Library under the Library Systems Act of 1969, and as a member of the North Texas Library System; and, WHEREAS, the Kemp Public Library may derive benefit from participation in the State Library System. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The designation of the Kemp Public Library as an Area Library under the provision of the Library Systems Act of 1969 be accepted. Moved by Alderman Russell that Resolution No. 114-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 13a A proposed resolution was presented authorizing settlement of litigation with Texas Electric Service Company. This action is being considered following the earlier executive session. RESOLUTION NO. 115-82 RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION WITH TEXAS ELECTRIC SERVICE COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Attorneys representing the City of Wichita Falls are hereby authorized to settle Docket No. 4224 before the Public Utility Commission of Texas, and to settle the remands to the Commission of Cause No. 292,241, Cause No. 292,362 and Cause No. 292,365 ordered by the District Court of Travis County, Texas, for the 200th Judicial District. The City Manager is authorized to execute for the City of Wichita Falls the Settlement Authorization, a copy of which is attached hereto. Moved by Alderman Morris that Resolution No. 115-82 b e passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 13a, b The Board of Aldermen recessed at 9:35 A.M. for an executive session pursuant to Article 6252-17, paragraph (g) , of the Revised Texas Civil Statutes. (personnel ) The meeting was reconvened at 10:45 A.M. Moved by Alderman Hampton that Bob Balch and Jim Maloney be reappointed, and that Jim Killibrew be appointed to the Planning Board for three-year terms to expire May 23, 1985. (replacing Joe Mike Pistocco) Motion seconded by Alderman Shearman, and carried unanimously. 384 Item 13a, b, cont'd. Board Moved by Alderman Hampton that Bob Balch be appointed Chairman of the Planning Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Hampton that Joe Moer and Randy Kimbler be reappointed, and that Marvin Groves be appointed to the Board of Electrical Examiners for two-year terms to expire May 23, 1984. (replacing Mac Lovelace) Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Shearman that a waiver of the ordinance concerning a maximum of six years service be granted for Randy Kimbler, who serves as the representative for Texas Electric. Motion seconded by Alderman Morris, and carried unanimously. Moved by Alderman Hampton that George Ross, Jr. be reappointed, and that J. Don Johnston be appointed to the Board of Adjustments and Appeals for two- year terms to expire May 23, 1984. (replacing Howard Watson) Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that Bobbie Parker be reappointed, and that Tim Thomas be appointed to the Plumbing Advisory Board for two-year terms to expire May 28, 1984. (replacing Gene Probst) Motion seconded by Alderman Boston, and carried unanimously. RESOLUTION NO. 116-82 RESOLUTION APPOINTING A MEMBER TO THE WICHITA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS TO SERVE THE UNEXPIRED TERM OF KENNETH HILL. WHEREAS, Kenneth Hill was appointed to serve as a member of the Wichita County Appraisal District Board of Directors for a two-year term beginning January 1, 1982; and WHEREAS, Mr. Hill 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: Gary Cook 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 Kenneth Hill . Moved by Alderman Hampton that Resolution No. 116-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Moved by Alderman Hampton that Bob Schwartz be appointed to the Traffic Safety Council for a term to expire March 1, 1985. (replacing Howard Morris) Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that Mrs. William B. Huff and Dr. T. Barlow Hill be appointed to the Human Relations Commission for terms to expire December 31, 1983 and December 31, 1984, respectively. (replacing Dr. Art Beyer and Harold Jones) Motion seconded by Alderman Shearman, and carried unanimously. 385 item 13a, b, cont'd.. Moved by Alderman Hampton that Joe Mike pistocco be appointed to the Design Review commission for a term to expire December 31, 1982. (replacing J. B. Featherston) Motion seconded by Alderman Boston, and carried unanimously. Mayor Cook reappointed Winter Johnson, and appointed H. Clinton Tittsworth to the Housing Authority Board for two-year terms to expire June 12, 1984. (Mr. Tittsworth replaces Tom Elam.) Moved by Alderman Boston that the Mayor's appointments be approved. Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that the following be appointed or reappointed to the Mental Health Mental Retardation Board of Trustees for two-year terms, as indicated, subject to the County's concurrence. a. Mrs . LaJune Lewis - reappointed to July 10, 1984. b. Dr. Grant H. Wagner appointed to August 3, 1984. c. Dr. Ralph L. Brown appointed to July 11, 1984. d. Dr. Max Brazil - appointed to July 10, 1984. Motion seconded by Alderman Russell , and carried unanimously. - - - - - - - - - - Item 13c Margaret Davis, 807 Fort Worth Street, stated that she was concerned about the Human Relations Commission. They completed their work on March 26. A committee was appointed on May 18 to study the matter. Aldermen Russell and Morris met with the She group. She wonders about the status of this commission, and what the holdup is? feels that a positive step should be taken, stating that a report is needed. Mayor Cook noted that another staff person might possibly be needed to handle this, and it is taking additional time to complete. Aldermen Morris and Russell explained that they are still looking at it. They would hope that the report would come back to the Council prior to the August 20 meeting of the Human Relations commission. Mrs. Davis stated that she was concerned that something has not been done. Mayor Cook assured her that this would be taken care of. Alderman Boston stated that this is not a forgotten issue. . . . . . . . . . . Joyce Vallier, 2305 California, appeared as spokesman for her neighbors in regard to possible purchase of their property by the City for Holliday Creek flooding. She stated that it was put to her point blank, would she consider relocating? She stated that she came to City Planning, and they stated that her area was smack dab in the middle of the area concerned. She stated that they have all received different answers. She stated that their properties have been devalued 30-40 percent, and wondered if their property would be taken at appraised value. Mrs. Vallier presented a list of questions to Mayor Cook which they wanted answers to. Mayor Cook stated that the city staff is looking at the area in regard to re- location of the properties in question. At some point in time they will be presented this information for the Council to consider. City Manager Stuart Bach stated that there is a variety of answers from different sources, but the City would give them one answer. They would be glad to set up a public hearing to give them answers. Mrs. Vallier stated that an employee of the Planning Department gave her this information. Mr. Bach stated that if this is so, she was given erroneous information. Mrs. Vallier felt that if the employee does not know, he should say so. Roger McKinney, Director of Planning, stated that he assumes she is talking about the map of the floodway of the city. He explained the provision of Ordinance No. 3282 pertaining to market value, and not appraised value. 386 item 13c,-cont'd, ated that they would get answers for her. He assured her that Mayor Cook st d people out of their property. the Council will not railroa ham School . She rman asked about a recent meeting at Bon Alderman Shea nd it. stated that she did not atte abers of the Planning "r McKinney where he and all mer tated that Mrs Vallier asked Roge ese problems? Roger McKinney s Board li*e and if he is immune to .th,He stated that he does not live in the v -) to these problems. he is not immune flood Plain, but that he received some damage. presented some letters to Alderman Shearman to be presented to Mrs. Vallier i Alderman Shearman Presented them to the City the remainder of the Counc Manager to make copies for all the Council . they would schedule a meeting nd Mayor Cook explained to Mrs. Vallier that stions, a owners concerned after they have looked at the que for all property . n of the mee'ting would be aiven to them. got answers. Notificatio idge on Holliday Creek. City Manager Stuart Mrs. Vallier asked about the bi lished and removed. Access will be stated that the bridge will be demo and California. Bach en Jacksboro Highway provided by a street betwe p an to do anything about their Mrs. Vallier asked if the City does not I asking bors have a letter from the City property, why does one of the neigh leaning Holliday Creek? City Manager them to donate their property for c Id not get on private property without ated that the City cOu Creek Stuart Bach sti purpose of this is to have land along Holliday The obtain right of way to get on the owner's consent. . They are trying to out of the creek. to rovide flood control some .of the OXIDOWS Vallier P flood control . They are taking of the creek. Mrs. property, with .ng to get property on both sides , clean out this They are tryll rmission was given in November 1981 to stated that pe yet. and it has not been done hat the mouth of the river is owned by the City, and Mayor Cook stated t looding to anyone. it has now.been authorized, and it does not create any f cleaned. In the are; where it has been lliday Creek will be the process , the entire Ho looding was minimized. The Task Force is still in he flooding cleaned the f flood control . Mrs. Vallier stated that t of working through the not come from Holliday Creek. they got this time did role of the Planning Wilson asked Roger McKinney what is the. Alderman thering right now? Mr. McKinney and what information they are ga e and adjacent 'to the d Department, operty along the cre k stated that they are looking at pr 30th, 31st, etc. They have gathere south of Holliday Creek. Streets are ddition. The information creek, of homes in the Country Club .A n Olen, white, on a number hering information 0 �nation on information are not gat infori has been given to Mr. Bach. They People are coming to them for n what was said and California for acquisition. plain. If there is a problem i ed out. their relationship to the flood artment, they will be straighten by an employee of the Planning Dep it is important for them to let people Alderman Wilson stated that he feels Some of the information has been eciate re only gathering information. He stated that he does not appr know they a n the City. given out by agencies other thai the way that some people have handled this. Id that they will be required people have been to allier stated that some hey do more than a certain amount of work Mrs. V perty seven feet if t much sense when they are in tornado to elevate their pro this does not make t the the floodway when they to it. She stated that I was no property in the floodway She questioned why the wayfarer Mote alley. in the property? Mayor Cook stated that any be elevated. If had water ined more than 50 percent damage would be required to he federal that susta through on this, the City as a whole is likely to lose t we don't follow The Corps of Engineers makes these designations. odway flood insurance program. re that they are in the flO si,ed Why they were not made awa had had the information since Mrs. Vallier a , before the flood? Mr. McKinney explained that they 1977, and it has been available to them since then. 387 Item 13c, cont'd Mrs. Vallier stated that she manages Shadolvood Apartments a lot Of interest in a PUMP Out there. Mr. s and there has been Bach stated that it is a Pump the City inherited from the developers Of Colonial Park. There was a lot Of concern that the Pumps would malfunction. The pumps suck water out of the flood. the storm sewer system and dump it into Holliday Creek. Water was not going through the Pumps during anything is done. 1 ill Mayor Cook stated that this body will get the answers, and notificat on w be given to them before Ray Mooney, 2501 California, stated that on a FEMA map White Street was listed as Wilson, and it has not been Wilson Street for more than 20'years. If these maps are 25 years Out of date,, why haven 't the flood Plain Maps been updated to show the increased drainage? Mayor Cook noted that the Corps s would qualify for flood control . would not be concerned with whether the treet names have been changed. if it is a city designated street it Mr. Mooney also mentioned a cement drainage ditch since 1973, and it - on the city maps. Why does the Planning Commission keep letting them use is not studying the problem of diverting water downstream. concrete? It does not hold water. Mr. Bach stated that the flood control task force is Mr. Mooney asked why the City seems to ignore their area in services? Mr. Bach stated that he coula not answer that for the past, but forward it Will not be that way. Mr. Mooney stated that last Year the shoulders Of their road were only mowed twice. Alderman Shearman asked Mr. Lillard how many employees we have in the Street Department. Mr. Lillard stated 57. Mr. Mooney mentioned mosquito spraying. It was noted that they have a schedule why no national guard was Posted in their area during the flood? Mayor Cook stated that they were not Posted at all streets I for spraying. The flood areas have been sprayed more than others. He a so asked , but just in general areas. people to the Planning Department. Joyce Morgan, an employee Of Community Action Corporation, stated that the peop e taking a survey referred given Out by CAC or Interfaith which did not come from city e No information has been mployees. Mrs. Jake Hufstedler, 3007 Bridwell , asked if the City Plans to buy houses West of Holliday? Mayor Cook asked if all property owners have been notified that the buy certain properties? Mr. Bach stated that it is too tentat! City Plans to at the area of 30th, 31st, Grace, etc. , ve They are looking h but they do not know if they will have any money to do it with. She wondered if t eY can get their streets graded? Marion Bowling, of the Southside Neighborhood Group$ stated that most of the homes information came from Chuck Hurt at the meeting at Bonham School . task force meeting could be held at Bonham School If the next it Would be helpful to hear those people. A majority of the people he has talked to have more faith in this Council and City Manager than any other in 41 Years. Curtis Thompson, 2300 Ca revaluat* lifornia stated that some of the property that received 'on notices did not get flooded to People before it is put on a map. - Appraisers should be coming Out and talking Mayor Cook understood that the Red Cross had verified this. operation, however. Mr Bach stated that appraisers should come Out and talk to them. The appraisal district* * is not a city Alderman Wilson noted that the notices they received would only reduce their tax bills for the remainder of the year. Preston Giles who resides North Of Sheppard Air Force Base, appeared in regard to airport zoning. ' He stated that in Sunday's paper Mayor Cook had said that rumors were erroneous on the ordinance- He stated that he met with Roger McKinney on Thursday, who stated they are working on an ordinance. He noted that he has copies Of two ordinances. He stated that they are getting bad information Out of the Planning Board the same as other people, and he feels they should take a look at them. Item 13c, cont'd. 388 He questioned six of the council members if they asked for the ordinance, and they stated that they did not. Mr. Giles stated that the State of Texas gave permission to it, but it is an option. Mr. Giles wanted to know who is forcing this. Mayor Cook stated that no one is forcing it, and that while the Planning Department may write an ordinance to take care of a problem or to alleviate a future problem, does not mean that it will be accepted by them. Alderman Hampton stated that he would like to clear up something. (Mr. Giles had not previously asked him about the ordinance. ) Alderman Hampton stated that the Council had asked for that ordinance. The previous Council voted a resolution designating the Planning Board to act as the Airport Zoning Commission, and they requested from that commission to come up with an ordinance. The record will reflect that a resolution was Passed by the City Council designating the Planning Board as. the Airport Zoning Commission. Alderman Hampton stated that he is the Council liaison to the Planning Board. V. R. Welty, Route 4, River Road, stated that he felt Roger McKinney should answer some questions from the people. Mayor Cook stated that they plan to hold a meeting, and Mr. McKinney will be in attendance at that meeting. Mr. Welty stated that Mr. McKinney has given different answers to everyone. He stated that he will run his property the way he wants to. Mayor Cook informed Mr. Welty that they are definitely interested in his property and rights. — — — — — — — — — — The Board of Aldermen adjourned at 12:05 P.M. PASSED AND APPROVED this day of 1982. y D. ok Mayor ATTEST: Wilma J. Thomas, City Cler�- 44� THE STATE OF TEXAS COUNTY OF WICHITA LEASE AGREEMENT This lease made and entered into as of the day of I by and between the City of Wichita Falls . Texas, hereinafter called Lessor, and Southside Neighborhood Action Group, Inc. , a non-profit corporation, and a neighborhood action group. hereinafter called Lessee. WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1 . Lessor hereby leases to Lessee the following described property situated in Wichita Falls , Wichita County, Texas to wit: A tract of land out of a 9.8 acre tract leased from Wichita County to the Wichita Falls Independent School District as recorded in Volume 720, page 179 of the Wichita County Deed Records , said tract also being out of Block 8, Cherokee County School Lands, Wichita County, Texas and being more specifically described by metes and bounds as follows: Beginning at the Northwest corner of said 9.8 acre tract, said point also being the intersection of the South line of Thirtieth Street and the West line of Scott-Armory Road; Thence South, 1089.2 feet to an iron rod for the Southwest corner of said 9.8 acre tract; Thence East, 392 feet to a fence corner for the Southeast corner of said 9.8 acre tract and place of beginning of this description; Thence North, 105 feet to an iron rod; Thence West, 102 feet to an iron rod; Thence South, 105 feet to an iron rod; Thence East, 102 feet to the place of beginning and containing 0.7 acres more or less. 2. The term of this lease shall be for a period of ten (10) years commencing on -, and ending on At the conclusion of the original term of this lease, Lessee may request an extension of this lease, for not rrore than four (4) additional periods of five (5) years, ending on . If Lessee desires an extension, it shall notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any extension therof. In the event Lessee chooses not to request an extension by the specified time above, this lease and any further requests for extensions Page 3 of 6 Pages Agen_de1ter�_N_o__. 12.b. -2- shall terminate. Lessor shall have the right to approve. reject, or modify any requested extensions . Lessee agrees that the decision of Lessor con- cerning an extension shall be final , conclusive, and binding upon Lessee. 3. Lessee shall pay to Lessor a rental of ten dollars ($10.00) payable in advance at the execution date of this Lease Agreement, with an additional five dollars ($5.00) due for each five year extension of this agreement. 4. Lessee shall operate the Southside Neighborhood Center and lease other space as appropriate. All interior renovation shall be the responsi- bility of the Lessee and must be approved by the Lessor prior to commence- ment. 5. Lessee shall provide all furnishings , furniture and office equipment (including all consumable and disposable items) which are necessary for the effective and efficient operation of the office. Lessee shall be responsible for the replacement of such items. 6. The property and structure(s) owned by the Lessor, shall be used by the Lessee primarily for purposes and activities involving services for the Southside Neighborhood Action Group, Inc. as are normally provided. 7. This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included in Section 13, except that, if the Lessee becomes inactive this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor. 8. Lessee shall be fully responsible for all maintenance and repairs of the structure(s) , equipment and grounds . The Lessee shall be responsible for the maintenance and repairs of any structural defects and roofs . (Approved funding for these repairs may be obtained from neighborhood, city, volunteer, grant or other sources . ) Before the Lessee makes any major improvements to the structure(s) or grounds , it shall review such with the Lessor's City Manager and obtain his approval of such. Maintenance shall be accomplished continuously in a good, reasonable and workman-like manner so that the premises are maintained in as close to original condition as possible, less normal wear and tear. Page 4 of 6 Pages Ager�d_­alte_m_T�_o.12 b. -3- 9. Lessee shall pay all utilities and janitorial services for the bui Idina(s) and grounds herein leased effective on the date of this agreement. These terms may be subject to negotiation by contract with the City of Wichita Falls and/or its departments or any other tenants utilizing the Southside Neighborhood Center. 10, Lessee shall carry sufficient fire and extended coverage insurance on the structure(s) to protect the interest of the Lessor and the Lessor shall be made named insured on such policy. The Lessor's City Manager shall approve such insurance policy and an insurance certificate shall be on file with the Lessor at all times . Upon the effective date of this lease, the Lessee shall provide insurance coverage for 80% of the replacement value of the structure, and shall provide proof of the above specified insurance in the initial coverage amount of $78,400. Insurance coverage shall be adjusted annually to be not less than 80% of the replacement value of the structure, said amounts of change shall be previously approved by the City Manager. 11 . Lessee shall hold the Lessor harmless for any personal injury which may occur on the property -or within structure(s) . Public liability insurance, in the amount of $100,000 per person, $300,000 per accident and $50,000 for property damage (all limits per incident) , shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times. These requirements may be amended from time to time by the Lessor's City Manager. The Lessor shall be identified as an "additional named insured" and an insurance certificate for such shall be on file with the Lessor at all times . 12 . Lessee shall not rent or sub-lease these premises to a third party with- out the prior approval of Lessor. The Lessor shall review all sub-leases, excluding short-term rentals, and shall approve such leases prior to occupation by a third party. 13. In the event Lessee breaks any of the covenants of this lease, Lessor Page 5 of 6 Pages Agenda Item No. 12.1b. -4- shall notify Lessee in writing of such defects . Lessor shall have 30 days to correct such defects . If the defects are not corrected within 30 days, this lease shall be terminated within 15 days after the initial defect correction period. Upon termination of this lease, all property owned by the Lessor shall be returned to the Lessor in as close to its original condition as possible less normal wear and tear. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the date written above. CITY OF WICHITA FALLS, TEXAS BY: ATTEST: CITY CLERK SOUTHSIDE NEIGHBORHOOD ACTION GROUP, INCORPORATED BY: ATTEST: SECRETARY Page 6 of 6 Pages Agenda Item No.12.b. Disqualification: Any member who fails to attend four (4) consecutive regular meetings or who fails to attend at least six (6) regular meetings in a twelve (12) month period will be disqualified from serving on the Council, except when illness or absence from the City precluded attendance. Removal of the individual will become effective immediately upon certification by any council member using the minutes of the meeting as documentation of member attendance. ORGANIZATION 'Officers: The Council will hold an election each year to elect a president, vice president, and treasurer. Notice of election will be given at least one month prior to the election month. Officer Terms: Terms of office will run from October through September. No officer will serve two or more consecutive terms in the same office. If an officer ' s membership on the Council is terminated, the members may elect another officer to complete the remainder of that term only. Officer Duties : The President will: approve the meeting agenda, set the time and place of meetings, preside over meetings, and take whatever action is necessary to further the efficient and effective conduct of Council business . The Vice-President will : assist the President in conducting the business of the Council; and perform the duties of the President when the President is not available to conduct those duties. The Treasurer will: perform the functions of Chairman of the Finance Committee and will make monthly reports to the Council on the income, expenditures and balance of the Council ' s funds. The Page 3 of . 3 Pages Agenda Item No. 4.a. 3/5/8 2 FIRST AMENDME.,T TO FIXED BASE OPER:iTOR'S ,GREF.'-1ELNT AND AIR(2-P--'J'T F�;EL SEPVIC1':G CONT�-�ACT This First Amendment to pj:�L2d Operat- 's Aqreement and Aircraft Fuel Servicing Con�ract - Made and entered into this the day of 1982, by and between the A City of Wichita Falls, Texas, hereinafter called City, and Southern Aviation of Texas, Inc. , hereinafter called Lessee, WITNESSETH: WHEREAS, heretofore the City and Lessee entered into a Fixed Base Operator's Agreement and Aircraft Fuel Servicing Contract, hereinafter called Contract, dated October 17, 1977 and effective as Of October 1, 1977, and the parties desire to make a first amendment to such Contract. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties hereto, City and Lessee do hereby agree as follows: Article II of said Contract is amended to read as follows: "ARTICLE II: Term The term of this lease shall be for a period of two years, commencing October 1, 1977 and ending September 30, 1979; if Lessee fulfills its obligation for the two year period, Lessee shall have an option to extend the lease for an additional three years; thereafter, Lessee shall have a series of five options to renew the lease for additional five year terms, and a final option to renew the lease for a term beginning October 1, 2007 and ending May 14, 2009. Each option shall be conditioned upon Lessee's having fulfilled its obligations under the Contract, and Lessee may exercise such options by giving City notice thereof in writing not less than sixty days prior to the end of the Pr('Ceding term. 2. ALt1.,-!A- jjj k1t GQ#-A—aul, Is amended to read as follows: "ARTICLE III: Rental Lessee acireos to pay City for the use of the above described 3 5,,3 2 premises, rights and casements �.oroin pro,.,i.-',0_; fcr an ar.nuai rental of $5,102.30, whi(:11 renta I shlil 1-0 pa,.:able in 7rnth1v installments of $425.23 Der mcnt-h !-or eacri mon--h durin,.i the term of the lease horeunCier, the first PQ�'ment -,(-) be mide on or before November 15, 1977, and successive payments to be made on or before the 15th day of each succeeding month thereafter. In addition, Lessee agrees to pay City annual -round rent for the use of the ground on which will be locateci the new hangars, which are to he built by Lessee, at $. 02 per souare foot of hangar space. On October 1, 1987, and at the beginning of each new option period, all of the rentals set out above shall be subject to change; such rentals will be increasea or decreased in the same ratio that the costs to the Citv of operating those portions of the airport utilized by Lessee are increased or decreased. At these same times, any additional cost to the City for furnish- ing utilities to the Administration Building, as required in Article XI, will be charged to and paid by Lessee to City. In addition to the above rental payments, Lessee further covenants and agrees to pay to City a fuel flowage fee of $.04 per gallon, which shall apply to all aircraft fuel sold by Lessee to all aircraft, except such fuel as is actually delivered by Lessee to regularly scheduled commercial airlines operating under contract with City and the first 2,000 gallons of fuel per month used in Lessee's business aircraft. The fuel flowage fee for fuel sold during each calendar month shall be paid to City on or before the 15th day of the succeeding month. This fuel flowage fee will increase to $.045 on October 1, 1982, to $.05 on October 1, 1987, to $. 055 on October 3 , 1992, to $.06 on October 1, 1997, to $. 065 on October 1, 2002 and to $.07 on kAdkJ1L4QV- tc,, Lto� "buvu PaythdRta arid fuel fees, Lessee shall pay to City the following payment- Lessee shall pay city $35r463. 66 over a sl',XtY Month perio(i, with interest at 8 112 per cent, in accordance with the amortiz�!_ion schedule attached, the first payrient Leizlc-, �Iue on, or Lefero November 1977, and SLICCCOdin.j pavinents due on �c!ore 15th d,,%, each month thereafter. " 3. As part of t1je, corjsider_,tik),,j 'or this arlen,---ment, Lessee agrees that all it sh. buiLd at least 4,800 square feet of new hangars, at a location to be mut,ally agreed upon between -.7' Lessee and Citv. These hanqars shall be equal to or better in quality than the T-hanqars whicn are now locatod at the airpert. If Lessee fails to coirllplete the construction of such hanciars by September 30, 1987, this First Amendment shall be voided, and the Contract shall terminate. Even though this First Amendment is so voided, all. fuel flowacie fees theretofore received bv City under paragraph 2 above shall be and remain the property of City. 4. The plans and specifications for such hanuars must be approved by City prior to construction. Upon completion of con- struction of such hangars, the parties will amend the Contract to include the land under such hangars as part of the Leased Areas. 5. Upon termination of the Contract on May 14, 2009, these hangars will become the property of city. If the Contract is sooner terminated for any reason, City shall have the election of either purchasing the hangars for their depreciated book value, or requiring Lessee to remove them and restore the ground to a satisfactory condition. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. WICHITA FALLS CITY Or By: City Manager ATTEST: 3, 5, 82 APPROVED AS TO CIE, Att— SOUTHERN AVIATION OF TEXAS, ItZC. f3v: ATTEST: Secretary 4 SETTLEMENT AUTHORTZATION Our City hereby authorizes our attorneys to enter into an agreement to settle Docket No. 4224 before the Public Utility Commission of Texas in substantial con- formance with the proposed order and proposed procedure for approval of payments to affiliates provided by counsel in April, 1982 . Our City also authorizes our attorneys to settle the remands to the Commission of Cause Nos. 292 ,241, 292 , 362 and 292 , 365 ordered by the District Court of Travis County, Texas, 200th Judicial District. All necessary authority has been obtained to authorize the settlement described above. Stuart A. Bach, City Manager City of Wichita Falls, Texas