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Min 08/15/1972 611 Wichita Falls, Texas Memorial Auditorium Building August 15, 1972 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 10:00 o'clock A.M., with the following members present: J. Winston Wallander Mayor Harry Campsey X Harrison E. Taylor X Larry Lambert X Willard Still X J. C. Boyd, Jr. X Mrs. Peggy McCullough X Gerald Fox City Manager Albert Nice Acting City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Taylor. Item 3 Mayor Wallander noted two corrections to be made to the previous minutes pertaining to Alderwoman McCullough's name. Moved by Alderman Lambert that the minutes of the meeting held July 18, 1972, be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 4a A proposed appropriation ordinance was presented authorizing payment of claim as awarded by Archer County District Court, in the amount of $4,909.53, in favor of Tom I. Scott and his minor son. ORDINANCE NO. 2725 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED FUND TO ACCOUNT NUMBER 81-861-4520, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2725 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 5a A proposed ordinance was presented establishing sanitary landfill regulations and user fees. The City Manager explained that there are four areas where costs of disposal are not being met on a self-sustaining basis. These are as follows: (1) The commercial user paying a minimum fee and hauling his own refuse. (2) Commercial users having a container but hauling an occasional load. (3) Residents and commercial concerns outside the corporate limits of Wichita Falls. (4) Contractors and special haulers. Commercial accounts are now paying a $5.00 minimum fee for disposing of solid waste. We would propose to allow them to haul up to five tons free of charge. More than five tons would be charged $1.00 per ton, and added to next month's water and sewer bill. Occasional users will not be charged. 612 Item 5a, Coned. ' ORDINANCE NO. 2726 AN ORDINANCE REGULATING USE OF THE CITY LANDFILL BY PRIVATE HAULERS OF TRASH AND GARBAGE; REQUIRING LICENSE; PRESCRIBING FEES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderwoman McCullough that Ordinance No. 2726 be passed. VO.Ms Motion seconded by Alderman Campsey, and carried by the following vote: ✓ Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None 2 Item 5b \I � A proposed ordinance was presented regulating discharge of industrial waste ,) into the sanitary sewer system. This ordinance was recommended in the 1970 Black and Veatch report concerning wastewater treatment facilities for Wichita Falls. It has also been approved by the Federal Environmental Protection Agency and the Wichita Falls Board of Commerce and Industry Industrial Waste Control Ordinance Task Force. ORDINANCE NO. 2727 AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE SYSTEM AND THE STORM DRAINAGE SYSTEM OF THE CITY OF WICHITA FALLS BY AMENDING SECTION 23-110 AND 23-209 OF CHAPTER 23 • OF THE WICHITA FALLS CITY CODE (1967); DEFINING TERMS; REQUIRING CONTROL MANHOLES; PROVIDING FOR PERMITS FOR DISCHARGING INDUSTRIAL WASTE INTO A PUBLIC SEWER; AUTHORIZING DISCONNECTION OF WATER AND/OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PROVIDING FOR INSPECTION AND SAMPLING OF INDUSTRIAL WASTE; PROHIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; REQUIRING PRE- TREATMENT OF CERTAIN INDUSTRIAL WASTES; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; AUTHORIZING THE DIRECTOR OF THE WATER DEPARTMENT TO DETER- MINE THE SUFFICIENCY OF PRETREATMENT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE WICHITA FALLS CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Still that Ordinance No. 2727 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 6a J A proposed resolution was presented approving an engineering contract with Biggs and Mathews for sanitary sewer extensions to serve Fan Coach Company, Inc., in Arrowhead Industrial District. RESOLUTION NO. 1331 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, as first party, and Biggs and Mathews, Consulting Engineers, as second party, providing for engineering services as spelled out in attached contract, for sanitary sewer extension to Arrowhead Industrial District is here- by approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Campsey that Resolution No. 1331 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None 613 /ficj Item 6b A proposed resolution was presented appointing Loren B. Bailey, Jr., as alternate Court Reporter for Municipal Court. RESOLUTION NO. 1332 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Mr. Loren B. Bailey, Jr., is hereby appointed alternate official shorthand reporter for the Municipal Court of the City of Wichita Falls, who shall hold such office at the pleasure of the Board of Aldermen of the City. When he is working in this capacity, his salary shall be the same as that paid to the regular shorthand reporter. Moved by Alderman Lambert that Resolution No. 1332 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None v- Item 6c LG. ( A proposed resolution was presented updating proposals to property owners 4 j on Kell Freeway. RESOLUTION NO. 1333 WHEREAS, by the adoption of Resolution No. 1058, the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-071, and approved the appraised value of such property; and, WHEREAS, the appraisal of such property has now been updated by the independent appraiser employed by the Texas State Highway Department to reflect present market prices, and this updated appraisal has been approved by the Texas State Highway Department and has been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and property to be purchased by Warranty Deed is as follows: Kell Freeway, Project 52-071 Warranty Deed 1700 s.f. of Lot 4, Block 67, Southland Addition Combined total of value approved in this resolution $3,000.00 SECTION NO. 2 The updated value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State High- way Department, or the City of Wichita Falls, by Warranty Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the state approved value as determined from the updated appraisal (rather than the original appraisal approved by the resolution set out above) made by the independent real estate appraiser employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase such tract for such approved updated value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas StateHighway Department or the City of Wichitaa Falls. Mo°L1onbs ec o$6ega$ySaLa ermantCamp ss eyY1and Ncc rried y roes rollowing vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None 614 Item 6d A proposed resolution was presented authorizing the City Manager to execute a lease agreement with Community Telephone Company for land at Lake Arrowhead to construct telephone facilities. RESOLUTION NO. 1334 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, / TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, wherein the City of Wichita Falls leases to Community Telephone Company a tract of land situated at Lake Arrowhead for use in its telephone system, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1334 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 6e A proposed resolution was presented approving an easement for Community Telephone Company, Inc., for telephone service at Lake Arrowhead. RESOLUTION NO. 1335 BE IT RESOLVED THAT BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, whereby the City of Wichita Falls grants to the Community Telephone Company, Inc. an easement of right-of-way for an underground telephone cable at Lake Arrowhead, is hereby approved, and the Mayor is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1335 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 6f A proposed resolution was presented designating a business route for the old State Highway 79, since the new expressway will be designated State Highway 79. y RESOLUTION NO. 1336 WHEREAS, State Highway 79 has been relocated as a Freeway connection along Cottonwood Road from present U.S. 287 "Freeway East" to the Petrolia Highway secion of State Highway 79 near the east city limits of Wichita Falls, and WHEREAS, the old State Highway 79 route on East Scott Street, Kell Boulevard, and Jacksboro Highway will continue to serve a large volume of traffic, and WHEREAS, we consider it in the public interest that the old route be retained as a part of the State Highway System. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: _y The Texas Highway Department retain the old route of State Highway 79 in Wichita Falls, as indicated above, on the State Highway System as a business route loop. 615 Item 6f, Coned. Moved by Alderman Campsey that Resolution No. 1336 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 7a A proposed resolution was presented awarding the bid for sanitary sewer im- provements for Mimosa Heights to Costello Construction Company, Wichita Falls, in the amount of $4,399.50. RESOLUTION NO. 1337 WHEREAS, heretofore the City of Wichita Falls advertised for competive bids for Sanitary Sewer Improvements in Mimosa Heights Addition; and WHEREAS, only one bid was received, the bid of Costello Construction Company of Wichita Falls, Texas, which is a low and good bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Costello Construction Company in the amount of Four Thousand Three Hundred Ninety Nine Dollars and Fifty Cents ($4,399.50) is hereby accepted, and the City Manager is authorized to execute, for the City of Wichita Falls, a contract with said bidder for the construction of such sewer lines. Moved by Alderman Still that Resolution No. 1337 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None Item 8 Permission was requested to advertise for bids for sanitary sewer extensions to Arrowhead Industrial District, to serve Fan Coach, Inc. Moved by Alderman Taylor that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Still, and carried unanimously. �r Item 9a V' Moved by Alderwoman McCullough that minutes of the meeting of the Board of Adjustments and Appeals held July 17, 1972, be received. Motion seconded by Alderman Boyd, and carried unanimously. Item 9b Moved by Alderman Taylor that minutes of the meeting of the Planning Board held July 12, 1972, be received. Motion seconded by Alderman Campsey, and carried unanimously. Item 10a Moved by Alderman Still that water reimbursement payment in the amount of $494.75, and sewer reimbursement payments in the amount of $1,958.69, be approved for a total amount of $2,453.44, as follows. 616 Item 10a, Coned. Hawkeye Development, Water, Section D-2, Exhibit A of University Park from May 3, 1971 to May 3, 1972; $494.75 University Park Corporation, Sewer, Sections A-2, A-3 and C-1 of University Park Subdivision from May 1, 1971 to May 1, 1972; $1,760.15 Hawkeye Development, Sewer, Section D-2, Exhibit A of University Park from May 3, 1971 to May 3, 1972; $198.54 Motion seconded by Alderman Campsey, and carried unanimously. Item 10b Mayor Wallander made the following appointments to the Land Use Advisory Board. Elvin Dudley Recil Joyce Bill E. Gowan Lonnie D. Morrison Herb Appel Robert Seabury Elie Lam John Mark Hirschi Ikard Smith Lynn Morrison Jesse Estrada Michael Maloney Dr. D. Clifford Burross Henry Dvorken James Featherston Joe Best Don Read Rev. W. 0. Bradford Jerry Estes Jim McDonald Charlye 0. Farris Tom Foley Mrs. Keith Nelson Cliff Davis Moved by Alderman Lambert that the appointments be confirmed. Motion seconded by Alderman Boyd, and carried unanimously. Item 11 Price Smith appeared as a representative of the congregation of Bethel Church of God in Christ, regarding the paving of Smith Street. When this street was paved,the church property was placed below the level of the street. The foundation and plumbing have been covered up by the rain. He explained that they have been in contact with the Public Works Department. Dirt was worked around to try to help the drainage, but that did not solve the problem. Water has collected under the church building, causing rats and mosquitoes. They feel that the only reasonable solution is to raise the church building. Mr. Kelly, Business Manager of the Church, is proposing a cooperative agreement, with an overall cost of $1500.00 to raise this building. The congregation is willing to help in this problem. Alderman Taylor stated that Mr. Roark (former Director of Public Works) promised that he would not raise the street to the level where it would damage the church. He also noted that they did not have flooding before the street was paved. Mr. Smith explained that dirt has washed up to almost the level of the porch. The church sets in a hole. He requested that the City Council appropriate enough money to raise the church up to the level of the street, to get it out of the hole. It was his understanding that the church was level with the dirt be- fore the street was paved. Alderman Taylor stated that accumulation of dirt has occurred since the street was raised and paved. Ernest Lillard stated that their engineering is sound, and while they may have created a problem, they are no different than problems in other areas. In order to make a grade that cars can traverse, they had to keep the grade somewhat as it is. The ground under the church is lower than the natural grade. Drain- age which flows into the church comes from behind the curb and gutter and not from the street. He explained that the ground could be graded all around the church, or the church building could be raised, which would require funding to do. The church was not agreeable with the first proposal. When the street was 5 617 Item 11, Cont'd. paved, the borrow ditch was filled, and the water which flows behind the curb and gutter drains to the church, and not from the street. Mayor Wallander stated that the Council would confer with Mr. Fox and advise Mr. Smith of their action by letter. Mr. Smith requested that he and Mr. Kelly be permitted to be present at the conference. This was agreed to. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Still, and carried unanimously. The Board of Aldermen adjourned at 11:00 A.M. PASSED AND APPROVED this .:06✓ day of , 1972. •41 ° ayor ATTEST: City Clerk • STATE OF TEXAS COUNTY OF WICHITA This Contract, made and entered into as of the 14th day of July, 1972, by and between the City of Wichita Falls (hereinafter called "Owner") and the firm of Biggs & Mathews, Inc. , Consulting Engineers, Wichita Falls, Texas (hereinafter called "Engineer") WITNESSETH: WHEREAS, a new sewer line and pumping station is proposed to the Arrowhead Industrial District in the northern part of Wichita Falls, Texas; and WHEREAS, the Firm of Biggs & Mathews, Inc. is acceptable to the Owner and is willing to enter into a contract to perform engineer- ing services required by the Owner; NOW, THEREFORE, it is agreed as follows : I . The Owner hereby retains the Engineer for all engineering services required in connection with construction of the sewer line and pumping station. II . The services performed by the Engineer in connection with proposed improvements shall be divided into three phases , as follows: Phase 1 - Preliminary study and design necessary to outline those improvements required. -1- • • Phase 2 - Preparation of detailed plans and specifications for improvements included under Phase 1 . Phase 3 - General administration of construction of improvements included under Phase 2. Phase 1 - Preliminary study and design - shall include: (a) Participation in preliminary conferences with the Owner regarding the proposed project; (b) Preparation of preliminary engineering layouts, sketches and reports required to define needed improvements; (c) Preparation of preliminary cost estimates of proposed construction and participation in conferences with fiscal advisors and others having an interest or responsibility with regard to the proposed project. Phase 2 - Preparation of detailed plans and specifications - shall include: (a) Surveys , preliminary design and layout o► the improvements; (b) Furnishing the engineering data necessary for applications for routine permits by local , state and federal authorities; (c) Preparation of detailed plans, specifications and contract documents for the improvements; (d) Preparation of project quantities and cost estimates. Phase 3 - General administration of construction - shall include: (a) Assistance in the advertisement of the project for bids; (b) Assistance in the opening, tabulation and analysis of the bids received and recommendations as to the appropriate action to be taken; -2- • (c) Assistance in the preparation of formal contract documents for construction contracts; (d) Making periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordanace with the contract documents. In carrying out this function, it is understood that the Engineer does not guarantee the contractor's performance, nor is he responsible for supervision of the contractor's operation and employees; (e) Consulting and advising with the Owner and preparing routine change orders as required; (f) Reviewing shop and working drawings furnished by contractors for compliance with design concept and with information given in contract documents (Contractor is responsible for dimensions to be confirmed and correlated at job site) ; (g) Preparation of monthly and final estimates for payments to contractors, and furnishing any necessary certifications as to payments to contractors and suppliers; (h) Performing, in company with the representative of the Owner, a final inspection of the project; (i ) Revision of construction drawings, with the assistance of the resident Project Representative, to reflect any revisions included in construction records. -3- III. For the basic services performed under Section II of this agree- ment, the compensation to the Engineer shall be eight (8%) percent of the cost of construction for which preparation of .plans and specifica- tions are authorized at one time. Cost of construction, as used herein, shall not include the cost of legal or engineering services, the cost of land, rights-of-way or administrative expense; but does include the direct cost of all construction contracts, including labor, materials and equipment required for the completed work and the total value at site of project, of all labor, materials and equipment purchased or furnished directly by the contracting agency for the project. Upon completion of detailed plans and specifications, and/or the required review by the Owner, eighty percent (80%) of the total basic charge shall be due and payable. The remaining twenty percent (20%) shall be paid after the construction work is completed and accepted by the Owner. For special services such as court litigation and other miscellaneous services not outlined in Section II , the Engineer shall be compensated on the basis of actual salary cost times a multiplier of 2.25; direct expenses and subcontract costs incurred shall be reimbursed at actual cost times a multiplier of 1 .10. Statements for services in this cate- gory shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. -4- IV. The charge provided herein shall not include property, boundary, and right-of-way surveys; shop, mill , field or laboratory inspection of materials; cost of test borings and other subsurface explorations ; copies of "As Built" plans and specifications in excess of five (5) ; calculations of special assessments ; the services of a resident Project Representative for continuous on-the-site observance of the work; or the furnishing of construction line and grade surveys . V. It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. At the time written instructions are given to the Engineer to proceed, evidence shall be furnished that funds are available to pay for the services required. It is also understood that the Engineer will not supply a resident Project Representative for continuous on-the-site observance of the work or-7.f=a-s4—cons-truction 44-ne-and grade-'-surveys unless instructed in writing to do so. VI . Any provision in this contract notwithstanding, it is specifically understood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract, which work would require the payment of any charge, expense or reimbursement in addition to the charge stipu- lated in Section III , without having first had and obtained specific -5- written authority therefor. VII . This contract shall not be assignable in whole or in part without the consent of the Owner. VIII . In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contract upon thirty (30) days ' written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other all work and labor being performed under this contract shall immediately cease, pending final cancellation at the end of such thirty-day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the receipt of notice of such termination. -6- • IN WITNESS HEREOF, The City of Wichita Falls has caused these presents to be executed by its authorized representatives, and witness the execution hereof by Biggs & Mathews, Inc. , Consulting Engineers , through J. E. Biggs, Jr., P.E. , President. THE CITY OF WICHITA FALLS 1 \ ATTEST: By 1 ` `� � Gerald G. Fox U Cit"Manager City Ste' .,4 BIGGS & MATHEWS, INC. Consulting Engineers APPROVED AS TO FORM: , 0- By .e1ti�� 1� Biggs P.E. —7—