Min 03/16/1976114
Wichita Falls, Texas
Memorial Auditorium Building
March 16, 1976
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.
J. C. Boyd, Jr. Mayor
Hardy McAlister X
Dr. Guillermo Garcia X
Bill E. Gowan X Aldermen
Joe N. Prothro X
Lonny Morrison X
Peggy McCullough X
Gerald Fox City Manager
H. P. Hodge, Jr.City Attorney
Wilma J. Thomas Deputy City Clerk
The invocation was given by Bruno F. Gaskamp, Trinity American Lutheran Church.
Item 3
Moved by Alderman Garcia that minutes of the meeting held March 2, 1976, be
approved.
Motion seconded by Alderman Prothro, and carried unanimously.
Item 4a
Mayor Boyd presented plaques of recognition and appreciation to various
individuals who previously served as president or chairman of a city board or
commission, as follows :
J. B. Jarratt - 15 years, Wichita General Hospital Board
Dan Roberts - 15 years, City-County Board of Health
Dr. C. C. Hayley - 10 years, Planning Board
Ed Biggs - 10 years, Plumbing Advisory Board
Lee Sellers - 9 years , Civil Service Commission
Dr. Lee Williamson - 1 year, Traffic Commission
Item 4b
Mr. Dana Terry, 1319 Oakhurst, requested on behalf of the city softball
league, that North and South Hamilton and Scotland Parks be removed from the
ordinance which prohibits alcoholic beverages in certain parks. He cited
softball tournaments in which 300-400 visitors are present. A petition was
presented to the City Manager with 300 names of those who are in favor of the
sale and consumption of alcoholic beverages in these parks.
Item 4c
A proposed wrecker service ordinance was presented. Alderman McAlister
noted that a meeting had been held with Alderman Morrison, himself, Gary Southard ,
and various wrecker drivers in attendance. It was the consensus of opinion that
going the bid route was not in the best interest of the city because of the
problems in establishing the criteria of who would get the bid. Price was about
the only thing they could consider, and they felt this was not workable because
of variances in prices. Alderman Morrison mentioned the possibility of contracting
with an agent, and noted that the fee was calculated at $32.00 per month for
each permit holder.
115
Item 4c, cont'd.
Allen Palmatary appeared as a representative of the Wichita Falls Wrecker
Association. He stated that it took about three months for the last transition
to take place. Alderman Morrison inquired if the Wrecker Association would be
willing to sell its equipment, and he stated that they would be. Alderman Morrison
requested that they give them a price by 5 :00 o'clock tomorrow, along with a
detailed list of the equipment, and a statement that the price includes full
cooperation of assignment of that frequency. He further stated that he did not
want any delay to be caused by waiting to see whether the Wrecker Association is
willing to sell their equipment.
Moved by Alderman Prothro that authority and responsibility for making the
decision on the equipment be delegated to the City Manager.
Motion seconded by Alderman Morrison, and carried unanimously.
Gary Southard noted that the proposed ordinance would require anyone
towing or hauling a vehicle within the City to have a permit from the City. They
would not have to necessarily be on the rotation list for this. It was decided
to require the permit if the call or request for a wrecker came from the police
communications center, or its authorized agent.
Alderman Garcia pointed out that a wrecker which was not on the rotation
list would not be required to have liability insurance even though they
would be towing on city streets. It was felt that the Council could not regulate
insurance requirements if they were not doing business with the City.
ORDINANCE NO. 3067
AN ORDINANCE AMENDING CHAPTER 29 OF THE WICHITA FALLS CODE OF ORDINANCES
BY ADDING AN ARTICLE XI ESTABLISHING A SET OF REGULATIONS APPLICABLE
TO WRECKER BUSINESSES OPERATING WITHIN THE CITY OF WICHITA FALLS;
DEFINING TERMS; PROVIDING FOR PERMITS FOR WRECKER BUSINESSES; PROVIDING
FOR THE INSPECTION AND CERTIFICATION OF WRECKERS USED IN THE SAME;
REQUIRING THE MARKING OF WRECKERS WITH BUSINESS OR OWNERSHIP IDENTIFICATIONS;
REQUIRING INSURANCE TO BE CARRIED BY PERMITEES; PROVIDING FOR REMOVAL
OF WRECKED OR DISABLED VEHICLES ON THE PUBLIC STREETS; ESTABLISHING
PROCEDURES FOR USE OF A WRECKER ROTATION LIST; PROVIDING FOR THE USE
OF AN AUTHORIZED AGENT TO DISPATCH WRECKERS ON THE WRECKER ROTATION
LIST; PROVIDING FOR THE PAYMENT OF A MONTHLY FEE BY WRECKER COMPANIES
ON THE WRECKER ROTATION LIST; PROMULGATING CERTAIN DUTIES OF PERMITEES;
PROVIDING PROCEDURES FOR ADMINISTRATIVE ENFORCEMENT OF THESE PROVISIONS;
PROVIDING A PENALTY OF A MAXIMUM FINE OF $200.00 FOR VIOLATIONS OF
THIS ARTICLE; AND MAKING THE PROVISIONS OF THIS ORDINANCE SEVERABLE;
AND, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
Moved by Alderman Morrison that Ordinance No. 3067 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and
McCullough
Nays : None
Item 4d
A proposed ordinance was presented amending Ordinance No. 3047 to allow
waiver of distance requirements from residences for restaurants selling
alcoholic beverages. Alderman Prothro noted that possibility of construction
of other residences at a later date.
ORDINANCE NO. 3068
ORDINANCE AMENDING ORDINANCE NO. 3047, TO PROVIDE FOR A WAIVER OF THE
DISTANCE RESTRICTION FROM RESIDENCES FOR RESTAURANTS SELLING ALCOHOLIC
BEVERAGES.
116
Item 4d, cont'd.
Moved by Alderman Morrison that Ordinance No. 3068 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Item 4e
Consideration was given to the problems of raising hogs on River Road Lane.
Dr. Parker, Director of the Health Center, strongly opposed changing the
ordinance to allow the raising of hogs or pigs within the City for health
reasons. A petition was presented by Elvin Roberts requesting de-annexation
of this area. He stated that the names are of property owners. City Attorney,
H.P. Hodge stated that the petition must contain the names of a majority of the
qualified voters residing in the area. Mrs. Eugenia Robinson stated that she
lives out there and also raises hogs.
Lloyd Griffitts appeared representing a Mr. Fox who lives in Altus, but
who owns 18 acres in the general vicinity of this area. He stated that he is
opposed to hogs. He desires his property to be de-annexed. It is in the air
corridor, also.
Alderman Morrison mentioned some possibilities of solving this problem.
He feels that we cannot solve Mr. Delgado's problem by de-annexing. He suggested
a provisa of a certain number of feet from residential structures. The City
Manager pointed out that when the City took over the Water District's indebtedness
in 1961, they had no choice but to annex this property.
James Williams, 828 Elwood, stated that the petition was drawn up as property
owners interested in raising hogs, regardless of the legality of the petition.
He stated that police and fire protection are the only city services on River
Road.
Alderman Prothro stated that he is opposed to de-annexing this property, and
it does not solve the problem which has been brought to the Council. He does not
feel that it is a good policy for this Council to continually grant exceptions
to the ordinances for individual owners. While he is sympathetic to this
problem, he feels the position of this Council should be that the ordinance
should be enforced. Ten days is not enough, but he feels a reasonable amount of
time should be given, and the hogs removed. He stated that he would be opposed
to the proposed amendment suggested by Alderman Morrison. Alderman McAlister
stated that he looked at ordinances as guidelines which may be modified by
specific needs.
Mr. Griffitts requested that Mr. Fox and Mr. Oliver be permitted to be
present and heard. The City Manager stated that this property is not even in the
area which is being considered, and this is an example of what we may be facing
if this property is de-annexed. Alderman Morrison noted that his problem does
not have anything to do with the hog raising issue.
Moved by Alderman Morrison that an ordinance be prepared for consideration
wholly independent of de-annexation which would revise the existing city ordinance
to say that hogs and pigs can be raised only with the consent of the adjoining
property owner, and if such consent is not obtained he cannot raise them within
so many feet of his residence, and that Dr. Parker present as a part of this
ordinance a list of requirements and restrictions of raising hogs.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
It was requested that a special meeting of the Planning Board be held
before the next council meeting to consider de-annexation. Steve Ondrejas
mentioned six policies which the Planning Board uses for consideration.
117
Item 5a
A proposed ordinance was presented establishing prima facie maximum speed
limits on certain streets. Because of the curved construction of Maplewood
Street, the appropriate speed indicated in an analysis is that of 35 MPH, even
though the 85 percentile speed was 40 MPH.
mw
ORDINANCE NO. 3069
AN ORDINANCE AMENDING PARAGRAPH (H) OF SECTION 29-91 AND ADDING
PARAGRAPH (AO) TO SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY
OF WICHITA FALLS, TEXAS, ESTABLISHING PRIMA FACIE MAXIMUM SPEED
LIMITS ON CERTAIN STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF
WICHITA FALLS , TEXAS , AND DECLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 3069 be passed.
Motion seconded by Alderman Morrison.
A substitute motion was moved by Alderman McAlister that the speed limit on
Maplewood be changed to 40 MPH.
Motion seconded by Alderman Gowan, and failed by the following vote:
Ayes : Aldermen McAlister and Gowan
Nays : Mayor Boyd, Aldermen Garcia, Prothro, Morrison, and McCullough
The original motion for passage of Ordinance No. 3069 was carried by the
following vote:
Ayes : Mayor Boyd , Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Item 6a
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway project.
RESOLUTION NO. 1782
RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY RELOCATION
AND AUTHORIZING THE PURCHASE OR CONDEMNATION.
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the listed project in the 1967 Capital Improvements Program, and,
WHEREAS, such property has been appraised by an appraiser employed by the
Texas State Highway Department and the amount of the value as determined from the
appraisal has been studied by the Board of Aldermen, and a copy is not 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 Abc
as follows :
Kell Freeway Project 52-380
Warranty Deed
7,855 s.f. of Lots 3 & 4, Block 224
Original Town
Combined total of value approved in this resolution 44,400.00
118
Item 6a, cont'd.
Section No. 2 The value of such property is hereby approved and the
City Manager is hereby authorized to purchase in the name of the Texas State
Highway 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 State approved value as determined from appraisal made by
real estate appraiser employed by the Texas State Highway Department.
Section No. 3 In the event the City Manager is unable to purchase any such
tract for such approved value, he is hereby authorized and directed to cause to be
instituted condemnation proceedings to obtain such tract in the name of the Texas
State Highway Department or the City of Wichita Falls .
Moved by Alderman Prothro that Resolution No. 1782 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Item 6b
Discussion was held on the request of Airport Parking Company of America
for an adjustment of fees in the present lease. Alderman Morrison desired that
their expenses be looked at. Mayor Boyd stated that he is not in favor of this
request. He does not believe they should expect the City to prop them up. They
do not prop up any individual businessman. He is not in favor of giving them
another nickel. Alderwoman McCullough stated that it seems there is an analogy
here in what we did with Continental Airlines. The City Manager stated that six
years ago they didn't anticipate the increase in expenses which has occured.
RESOLUTION No. 1783
RESOLUTION APPROVING SECOND AMENDMENT OF LEASE AGREEMENT ON PARKING
FACILITIES AT MUNICIPAL AIRPORT, TO INCREASE THE PARKING RATES TO BE
CHARGED.
WHEREAS, the City of Wichita Falls and APCOA Division, ITT Consumer
Services Corporation entered into a lease agreement dated June 3, 1970,
concerning the parking facilities at Municipal Airport, and the parties desire to
amend such lease agreement to provide for an increase in the parking rates.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
That certain Second Amendment of Lease Agreement, a copy of which is attached
hereto, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1783 be passed.
Motion seconded by Alderman Morrison, and failed by the following vote:
Ayes : Aldermen McAlister, Gowan, and Morrison
Nays : Mayor Boyd, Aldermen Garcia, Prothro, and McCullough
Item 6c
A proposed resolution was presented approving a maintenance agreement
with the State Department of Highways and Public Transportation.
119
Item 6c, cont'd.
RESOLUTION NO. 1783
RESOLUTION PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS
AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF WICHITA FALLS , COUNTY
OF WICHITA, TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT,
AND APPROVING A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF
TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE
PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.
WHEREAS , the public convenience, safety and necessity of the City, and the
people of the City require that State Highway routes within the City be adequately
maintained ; and,
WHEREAS, the City has requested that the State of Texas enter upon and mw
contribute financially to the maintenance of said project; and,
WHEREAS, the State of Texas has made it known to the City that it will,
with its own forces and equipment and at its sole cost and expense, enter upon
and maintain said project, conditioned upon the provisions concerning liabilities
and responsibilities for maintenance, control, supervision and regulation which
are set out in the form attached hereto, made a part hereof, and marked
MUNICIPAL MAINTENANCE AGREEMENT"; and,
WHEREAS, said project consists of those State Highways and/or portions
thereof which are described and included in the form attached hereto and marked
MUNICIPAL MAINTENANCE AGREEMENT";
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
SECTION 1. The public convenience, safety and necessity of the City and
the people of the City require said project be adequately maintained.
SECTION 2. The State of Texas be and is hereby authorized to enter upon
and maintain said maintenance project.
SECTION 3. The City Manager of the City be and he is hereby authorized to
execute for and on behalf of the City an agreement with the State of Texas , in
accordance with and for the purpose of carrying out the terms and provisions of
this order, in the form attached hereto, made a part hereof, and marked
MUNICIPAL MAINTENANCE AGREEMENT". The City Clerk is hereby directed to attest
the agreement and to affix the proper seal of the City thereto.
SECTION 4. This resolution is effective immediately upon its passage.
Moved by Alderman Garcia that Resolution No. 1783 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
j Item 6d
A proposed resolution was presented providing for refund of certain fines
paid for speeding violations on Loop 11 prior to the date the speed limits were
established by the Board of Aldermen.
RESOLUTION NO. 1784
RESOLUTION AUTHORIZING REFUND OF CERTAIN FINES PAID BY PERSONS CHARGED
WITH SPEEDING ON NEW LOOP 11.
120
Item 6d, cont'd.
WHEREAS , during the period from February 11 , 1975 through February 17, 1976,
on which later date an ordinance was adopted establishing speed limits on the new
Loop 11, persons were charged with speeding in thirteen cases where their
speed was 55 miles per hour or less ; and,
WHEREAS, such speeds were not illegal at the time these charges were made,
and the Board of Aldermen finds that such fines should be refunded.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Municipal Court Administrator is hereby authorized and directed to
refund the above fines to the persons who paid them.
Moved by Alderman Morrison that Resolution No. 1784 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following
vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays: None
Alderman Gowan directed that a letter be sent to the State regarding this
action so that their records will not reveal this conviction.
Item 7a
Bids were considered on a sprinkler system for Lake Kemp dam. It was
recommended that the bid be awarded to Commercial Turf Irrigation, Inc. , Irving,
Texas, in the amount of $42,790.16, and that the City enter into a contract with
the Corps of Engineers and the Water District for this project. Discussion was
held on the purpose of this sprinkler system.
v RESOLUTION NO. 1785
RESOLUTION AWARDING CONTRACT TO COMMERCIAL TURF IRRIGATION, INC.
FOR CONSTRUCTION OF AUTOMATIC SPRINKLER SYSTEM FOR LAKE KEMP DAM.
WHEREAS, the United States Army Corps of Engineers , the Wichita County Water
Improvement District No. 2 and the City of Wichita Falls have advertised for bids
for the construction of an automatic sprinkler system for the Lake Kemp dam; and,
WHEREAS , four bids were received, and it is found that Commercial Turf
Irrigation, Inc. , who bid $42,790.16, is the lowest responsible bidder; and,
WHEREAS , the Corps of Engineers will pay 51.6% of the cost of such project,
and the City and the Water District will pay the other 48.4% of the cost; the
City shall pay 66.11% and the Water District shall pay 33.89% of their share of
the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The bid of Commercial Turf Irrigation, Inc. in the amount of $42,790.16
is hereby accepted, and the City Manager is authorized to join with the U.S.
Army Corps of Engineers and the Wichita County Water Improvement District No. 2
in the execution of a contract with Commercial Turf Irrigation, Inc. for the
construction of such improvements.
Moved by Alderman Gowan that Resolution No. 1785 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen Garcia, Gowan, Prothro, Morrison, and McCullough
Nays : Alderman McAlister
121
Item 7b
Bids were considered on concessions in various parks.
RESOLUTION NO. 1786
RESOLUTION ACCEPTING BIDS FOR CONCESSION OPERATIONS AT SCOTLAND,
HAMILTON AND BRIDWELL PARKS, AND AUTHORIZING CONTRACTS.
WHEREAS, sealed bids were taken for concession operations at Scotland,
Hamilton, and Bridwell Parks; and,
WHEREAS, Dean Westmoreland bid 15 percent of gross sales for concession
rights at Scotland Park and Hamilton Park, and LaRue Daffern bid 15 percent of gross
sales for concession rights at Bridwell Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
Such bids of Dean Westmoreland and LaRue Daffern are hereby accepted, and
the City Manager is authorized to execute with them contracts for concession
rights at such parks during the 1976 session.
Moved by Alderman Morrison that Resolution No. 1786 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Item 8a
Permission was requested to advertise for bids for an estimated annual
supply of chemicals for water treatment, as follows :
c .
a. 100,000 lbs. sodium hexametaphosphate
b. 580 tons ferrous sulphate (Copperous)
c. 400,000 lbs. silicate of soda
d. 1,800 tons quicklime
Moved by Alderman Gowan that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Item 8b
Permission was requested to advertise for bids for traffic control equipment
for various intersections in the 1974-1975 Urban Systems Program.
Moved by Alderman Morrison that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 8c
Permission was requested to advertise for bids on equipment for word processing
4.
center. The City Manager stated that the present equipment is being leased with
a purchase option. It will be necessary to take bids , but the City could consider
the purchase option price of this equipment by IBM, which they are contractually
obligated to honor, as their bid.
122
Item 8c, cont'd.
Moved by Alderman Prothro that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Garcia, and carried unanimously.
i Item 8d
Permission was requested to advertise for bids for sanitary sewer
facilities to Lockwood properties.
Moved by Alderwoman McCullough that authority be granted to advertise
for bids as requested.
Motion seconded by Alderman Garcia, and carried unanimously.
h/ Item 9
Moved by Alderman Morrison that minutes of the meetings of the following
Boards and Commissions be received.
a. Board of Electrical Examiners - Mar. 9, 1976
b. Traffic Commission - March 9, 1976
c. Aviation Advisory Board - February 18, 1976
Motion seconded by Alderwoman McCullough, and carried unanimously.
d Item 10a
The final report of the Citizens Utility Rate Information Committee was
considered. Alderman Morrison commended the committee on their hard work and
good product. It was agreed that a letter should be sent to them expressing
appreciation of the Council.
Moved by Alderman Morrison that the report be accepted, and that the
general requirements and forms be approved as recommended by the committee.
Motion seconded by Alderman ,Prothro, and carried unanimously.
Item 10b
Moved by Alderman Garcia that Gary Lucus be appointed interim City Clerk
effective March 15, and that his salary be established at $200.00 per month
above his present rate for the period of time which he serves.
Motion seconded by Alderman Prothro, and carried unanimously.
A proposed resolution was presented naming a new alternate presiding judge
for the election to be held April 3, 1976.
RESOLUTION NO. 1787
RESOLUTION AMENDING RESOLUTION NO. 1770, TO NAME A NEW ALTERNATE
PRESIDING JUDGE AT CITY BOX NO. 17.
WHEREAS, Mrs. Mary Brown will be unable to act as Alternate Presiding Judge
in the regular municipal election to be held April 3rd, 1976.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Resolution No. 1770 is hereby amended to substitute Mrs. Barbara Glickman
for Mrs. Mary Brown as Alternate Presiding Judge in City Box No. 17, being
County Precinct Numbers 20 and 22.
123
Item 10b, cont'd.
Moved by Alderman McAlister that Resolution No. 1787 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison,
and McCullough
Nays : None
Alderwoman McCullough noted that she has seen a vast improvement in grammar
and word usage on memos, and she complimented the department heads.
ow
Mayor Boyd called a special meeting of the Council at 2 :00 P.M. , Monday,
April 5, 1976. The purpose of this meeting is to handle the normal business of
the Council before canvassing the votes and swearing in the new aldermen at 8:00 P.M.
Moved by Alderman Prothro that the Council recess for an executive session
for the purpose of discussing applicants for the position of City Clerk.
Motion seconded by Alderwoman McCullough, and carried unanimously. The
meeting recessed at 12 :00 P.M.
At 12:26 P.M. the meeting resumed and Mayor Boyd announced that the Board
had agreed that the same Council committee composed of Aldermen Prothro and Morrison
would be authorized to employ an individual as City Clerk. If they are successful
in so doing, the Council will approve and make their action official on April 5.
Alderman Prothro commented that they cannot disclose the name of the person
because that person's employer does not know that he is seeking other employment.
The Board of Aldermen adjourned at 12 :30 P.M.
PASSED AND APPROVED this c v day of ({1t7/..4_,L/ 1976.
d
Mayor
ATTEST:
Deputy City Clerk
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this day of 19
by and between the State of Texas , hereinafter referred to as the "State", party
of the first part, and the City of Wichita Falls Wichita
County, Texas (population 97,564 1970 Federal Census) acting by and
through its duly authorized officers , hereinafter called the "City" , party of the
second part.
W I T N E S S E T H
WHEREAS, the City has requested the State to assist in the maintenance
of State Highway routes within such city; and
WHEREAS, the State Engineer-Director, acting for and in behalf of the
State Highway and Public Transportation Commission, has made it known to the City
that the State will assist the City in the maintenance, control , supervision , and
regulation of State Highway routes within such city, conditioned that the City
will enter into agreements with the State for the purpose of determining the responsi-
bilities of the parties thereto:
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows :
1-
Coverage
1 . This agreement is intended to cover and provide for State participation
in the maintenance of the following classification of State Highway
routes within the City.
A. Non-Controlled Access routes or portions thereof which are described
and/or graphically shown in Exhibit "A" , which is attached hereto
and made a part hereof.
B. All State Highway • :.utes or portions thereof which have been designated
by the S',:ate H gh ay and Public Transportation Commission as Controlled
Access Hir:ways a'4d Aich are described a- c'/rr graphically shown in
Exhibit ''B'' , wrii c'i i attached hereto and mad: a part hereof.
2. The City shell retain full responsibility fee the maintenance of those
State Highway rc,.tee and portions thereof which are listed and/or graphically
shown in Exhibit ''A" as "Congested Downtown Sections" , except that the
State is hereby authorized ' the City to erect and maintain signs thereon
for direction of highway traffic.
3. In the event that the present system of State Highway routes within the
City is changed by cancellation, modified routing, new routes, or change
in the City's corporate limits , the State shall terminate maintenance and this
agreement shall become null and void on that portion of the routes which
are no longer routes of a State Highway; and the full effect and all
conditions of this agreement shall apply t' the changed routes or new
routes of the State Highways within the City unless the execution of a
new agreement on the changed portion of the routes is requested by either
the City or the State.
GENERAL CONDITIONS
1 . The City hereby agrees and does hereby authorize the State to maintain the State
Highway routes covered by this agreement in the manner set out herein.
2. This agreement shall supplement any existing agreements between the State and the
City for the maintenance or construction and maintenance of the highways covered
herein.
3. Traffic regulations including speed limits , will be established and fixed by
agreement with the State - fter traffic and engineering surveys have been
conducted.
4. It is mutually agreed that, suLject to approval by the State, any street lighting
system may be installed by the City provided the City shall pay all cost of
installation, maintenance and operation except in those installations specificallycoveredbyseparateagrcemerisbetweentheCityandtheState.
5. It is understood and agreed that this agreement is for the purpose of defining
the authority and responsibility of both parties for maintenance of highway routes
2-
tnrough the City and shall in no way be considered to cover any present or past
obligation either real or anticipated concerning such State Highway routes
through the City.
6. The City shall prohibit the movement of loads over State maintained streets
which exceed the legal limits for either weight, length, height or width, as
prescribed in Vernon's Penal Code 827a for public highways outside coporate
limits of cities, except those having proper permits from the State for such
movements. The City shall also, by ordinance and enforcement, prescribe and
enforce lower weight limits when mutually agreed by the City and the State
that such restrictions are needed to avoid damage to the street and/or for
traffic safety.
7. The City shall prevent future encroachments within the right of way of the
highway routes and assist in removal of any present encroachments when requested
by the State except where sped-ically authorized by separate agreement; and
prohibit the planting of tvees sirulkery or the c,-eation or construction of
any other obstruction tqi th ., the right of way without prior agreement with the
State.
8. The City agrees that traffi ': control devices , such as stop and slow signs, traffic
signal lights and other types of devices for traffic control , in respect to type
of device, point of installation, and necessity will be fixed by agreement with
the State after traffic and enqineering surveys have been made. The City agrees
that it will not install or maintain or permit the installation or maintenance
of any type of traffic control device which will affect or influence the utility
of the State Highway routes without having obtained i n =ri ti ng the prior approval
of the State. Traffic control devices installed prior the date of this agree-
ment are hereby made subject to the terms of this agreement and the City agrees
to the removal of such devices which affect or influence the utility of the
State Highway routes unless their continued use is approved in writing by theState. It is understood that future traffic signal lights installed as a joint
project by the City and State will be the subject of a separate agreement out-
lining the responsibilities for installation and maintenance.
9. The City agrees to continue its responsibility for proper construction, mainte-
nance and control of access driveway facilities in accordance with "Regulations
for Access Driveways to State High"rays" adopted by the State Department of
Highways and Public Transportation or in accordance with other standards and
specifications for the design, construction and maintenance details subject to
approval by the State Department of Highways and Public Transportation.
10. It is understood that the use of unused right of way and areas beneath structures
for parking, will be the responsibility of the City as determined by a separate
agreement,
NON-CONTROLLED ACCESS HIGHWAYS (E>:HBIT A)
State's Responsibilities
1 . Maintain the pavement, base and its support, except on the "Congested Downtown
Section". Maintain the shoulders on those sections the' are basically "Non-
Curb and Gutter Type Sections" (See Exhibit "A") .
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2. On "Basically Non-Curb and Gutter Sections", and on "Basically Curb and Gutter
Sections", install and maintain normal highway markings necessary for directing
highway traffic in a safe and efficient manner, which shall include normal route
markers, directional and destination signs, center line, lane line and no-passing
barrier line stripes, and such other pavement markings considered necessary for
direction of traffic, except crosswalks. Any other traffic striping desired by
the City may be placed and maintained by the City subject to the approval of the
State.
3. Assist the City in mowing and cleaning of litter on "Basically Non-Curb and
Gutter Type Sections" (See Exhibit "A").
4. Assist the City in maintenance of roadway ditches on "Basically Non-Curb and
Gutter Type Sections" (See Exhibit "A") .
5. Assist in snow and ice control as availability of equipment and labor will allow,
except on "Congested Downtown Sections".
6. Installation and maintenance of route markers and directional and destination signs
for direction of highway traffic on "Congested Downtown Sections" (See Exhibit
A").
City's Responsibilities
1 . Prohibit angle parking, except upon written approval by the State after traffic
and engineering surveys have been conducted to determine that the roadway is of
sufficient width to permit angle parking without interfering with the free move-
ment of traffic.
2. Require installations, repairs, removals or adjustments of publicly or privately
owned utilities or services to be performed in accordance with the State
Department of Highways and Public Transportation specifications and subject to
approval of the State.
3. Retain all functions and responsibilities for maintenance, control , supervision,
and regulation which are not specifically described as the responsibility of
the State. The assistance by the State in maintenance of roadway ditches does
not relieve the City of its responsibility for drainage of the highway facility
within its corporate limits except where participation by the State other than
above is specifically covered in a separate agreement between the City and the
State.
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CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to
controlled access highways in addition to the "General Conditions" contained herein
above. Routes of controlled access highways or portions thereof covered by this
section are those listed and/or graphically shown in Exhibit "B".
State's Duties
1 . Maintain the traveled surface of the through lanes, ramps and frontage roads
and those things beneath such traveled surface necessary for the proper support
of same under vehicular loads encountered.
2. Mow and clean-up litter on the entire right of way width.
3. Sweep and otherwise clean the through lanes, ramps, separation structures or
roadways, and frontage roads.
4. Remove snow and control ice on the through lanes, ramps, frontage roads , and
separation structures or roadways.
5. Erect and maintain all normal markings and signs necessary for the proper use
of the facility and direction of traffic thereon.
6. Maintain all drainage facilities within the limits of the right of way.
City's Duties
1. Restricted parking on frontage roads to parallel parking on one side only and
prohibit all parking on main lanes and ramps and at such other places where
such restriction is necessary for satisfactory operation of traffic, by passing
and enforcing ordinances and taking other appropriate action in addition to full
compliance with current laws on parking.
2. Pass and enforce an ordinance providing for one way traffic on the frontage
roads except as may be otherwise agreed to by separate agreements with the
State.
3. Secure or cause to be secured the approval of the State before any utilityinstallation, repair, removal or adjustment is undertaken, crossing over or
under the highway facility or entering the right of way. In the event of an
emergency, it being evident that immediate action is necessary for protection
of the public and to minimize property damage and loss of investment, the City,
without the necessity of approval by the State, may at its own responsibility
and risk make necessary emergency utility repairs , notifying the State of this
action as soon as practicable.
4. Pass necessary ordinances and retain its responsibility for enforcing the control
of access to the Freeway facility.
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e .
Termination
1 . It is understood and agreed between the parties hereto that all obligation of
the State created herein to maintain the State Highway routes covered by this
agreement shall terminate if and when they are no longer routes of State
Highways; and further, that should either party fail to properly fulfill its
obligations as herein outlined, the other party may terminate this agreement
upon thirty days written notice.
Said State assumption of maintenance shall be effective the date of execution of
this agreement by the State Department of Highways and Public Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City
of on the day of
19_ and the State Department of Highways and Public Transportation on the
day of 19
ATTEST: CITY OF
BY
Title of Signing Official )
STATE OF TEXAS
APPROVAL RECOMMENDED: Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders , established policies , or work
programs heretofore approved and authorized
District Engineer, District by the State Highway and Public Transportation
Commission.
By:
Chief Engineer of Maintenance Operations
Note: To be executed in triplicate and supported by Municipal
Maintenance Ordinance and Certificate of City Secretary.
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