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Min 09/21/1976214 Wichita Falls, Texas Memorial Auditorium Building September 21 , 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 Dr. Guillermo Garcia Bill E. Gowan Aldermen Ray Ashbrook W. E. Ryle Jerry F. Mathis Gerald Fox City Manager H. P. Hodge, Jr.City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by Ed Millican, Chaplin of Wichita Falls State Hospital. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held September 7, 1976, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Item 4a Stephen Morath, an employee in the Planning Department, was honored as Employee of the Month for September. Mayor Boyd presented him with a plaque of appreciation, and two tickets to El Babo's for a meal. v Item 4b City Attorney H. P. Hodge, Jr. reviewed the statutes concerning obscenity laws. He noted that three different actions are prohibited; (1) Section 43.22 prohibits display of obscene material in such a way that a person present will be offended or alarmed, (2) Section 43.23 prohibits commercial obscenity, and (3) Section 43.24 prohibits the sale, distribution, or display of obscene material to minors. He stated that the hardest part seems to be in deciding what is in fact obscenity. The prosecution must decide, as well as the jury and/or the judge. Alderman McAlister noted that what might not be obscene to an adult might be objectional to a minor. Mr. Hodge stated that the definitions in the statute do not make this distinction. A jury might take this into consideration, and would probably use a different standard for adults and minors. Alderman McAlister cited an example of a magazine being seen in the airport restaurant by a seven year old child. Alderman Garcia stated that the main point is to consider what steps we can take. The City Attorney noted that any ordinance which he might draw up would cover the same thing that Section 43.24 also covers. It depends on the severity of the act as to whose jurisdiction it would come under. Alderman McAlister stated that he is not suggesting that the material be removed, but that the display and access to minors be controlled. Further discussion followed with the following action being taken. Moved by Alderman Mathis that the City Attorney be directed to prosecute these cases, if necessary, under Section 43.22. Motion seconded by Alderman Ashbrook. 215 Item 4b, cont'd. A substitute motion was moved by Alderman Ryle that the City develop throughtheCityAttorney's office, a policy that would set forth the standards which we have discussed, and that following the adoption of this policy then the City Attorney set out to prosecute under this policy and also Section 43.22, and to transfer certain cases to higher authority under other articles if it seem appropriate. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays : Alderman Mathis The City Manager noted that any citizen also has the right to file a complaint to enforce the statutes. The City Attorney stated that his office would exercise some option in accepting formal complaints . Alderman McAlister suggested that it would be well to publish the policy, when adopted. Item 4c Discussion was held on Section 8 Housing Administration plan, which would involve 157 units. Stephen Ondrejas, Director of Planning, presented a review of this program. Two options were presented for administration of it, as follows. 1) The City can subcontract the administration to CAC. 2) The City can administer it, and provide a contract to CAC for assistance in referral and pre-application processing. The second option was recommended. Alderman Gowan inquired if any applicationsfromprivatefirmshadbeenreceived. Mr. Ondrejas stated that they did have one application, but that there would be a problem area of leasing to themselves. They also could not make a profit for themselves. The Housing Authority suggested that the City supplement their funds. Mr. Ondrejas feels the City can initiate the program with one additional person. Priorities can be shifted in areas of housing code enforcement officer, etc. The City Manager explained that if administrative costs can be absorbed in other areas it leaves more money to carry out the program. Alderman Gowan questions the hiring of one person to administer the program. He feels we need someone who knows the housing market, where it should be located, etc. Mr. Ondrejas stated that he would be working with the Board of Realtors in this respect. The City Manager stated there are units available which could qualify. Alderman Gowan is concerned with increasing the units. Alderman Ryle is concerned with the number of city employees which the Council has authorized, no matter-howthey are funded, whether from general operating funds or grant funds. Tommy Robinson appeared for CAC, stating that Mr. Ondrejas ' recommendations are a low blow to their ability to administer the program. He feels they can administer it because they are a service agency. They already know where the people are, and where housing is available. They already have a housing counselor. They would not have to hire a bookkeeper. They would need an additional secretary. They are administering the same type of program for Burkburnett. Their staff is qualified to handle this type of program, and they feel that the program belongs with a service agency. Angus Thompson, Executive Director of CAC, stated that they have an employee capable of administering this program. The proposal which they presented to the Council for administering this program does not differ too much from the City, and they feel they can handle this program. He feels the City of Wichita Falls does not utilize CAC as much as they should. He stated they also have tentative agreements with Newcastle and Graham for this service. He stated that they can operate under the funds allocated by the City of Wichita Falls for this purpose. The City Manager stated that the information presented to them from CAC was that they would hire three additional people. If they operate this program without additional supplement from the City, then that is a new wrinkle. Following a question from Mayor Boyd, Mr. Thompson stated that they serve more whites than blacks. He stated that if they were awarded administration of this program, they would cooperate fully with the City Manager and his staff, and he would expect the same. 216 Item 4c, cont'd. Nathan Brown, 710 Brook, stated that he is a certified property agent, and feels that the program can be operated by a private firm, and he believes five percent would be sufficient, rather than eight percent. A profit organization would want to fill more than 157 units. Property owners will have to be educated to the program. Rents have to be made with utilities paid by the landlord. He stated that the City and CAC are not geared to handle this program. Housing maintenance, and utilities must be provided as required by the law. Alderman Gowan inquired if he saw any problem in not being able to comply with the record keeping process , and Mr. Brown stated that it would not be a problem. The biggest problem is getting the private sector to participate. Finding housing will be the problem. The City Manager inquired if he had presented any kind of a proposal to the Planning Department to be considered. He stated that he had talked with Mr. McKinney, but had not presented any formal proposal. Rosa Donnell, 908 Harding, responded to Mayor Boyd 's earlier question by stating that CAC submits reports on the people they serve. There are almost three times as many white employees as blacks. There are at least five CAC centers in the white community, and three in the black community. As far as ethnic background is concerned, there is three times more participation in whites, and about an equal number in each race in childrens' programs. Don Ballard of Ballard Properties, stated that he is in the rental and management business. Five percent is normal; eight and one-half percent seems excessive. There needs to be some way to contact the landlords. He is not sure that his organization could handle the program, but he feels there are others in the city who could. Moved by Alderman Ryle that action on this item be postponed, and that the Planning Department advise the public that this matter is open for proposals if they are interested; that their qualifications also be submitted, and that it be rescheduled for Council consideration at a later date. Motion seconded by Alderman Garcia and carried unanimously. V Item 4d Consideration was given to a policy on sale of water to cities, water districts, water corporations, and other properties outside the city limits. The Planning Board recommended that the city enter into a contract with the City of Archer City under the present policy, and that the Deandale request be deferred for two months to review the entire policy dealing with an unincorporated area. They also recommended that consideration be given to the establishment of atemporarywaterresourcecommissiontoreviewthepresentandfuturewater supply. Moved by Alderman McAlister that the City adopt the Planning Board 's recommendation to sell water to Archer City, and defer action on selling water to Deandale. Motion seconded by Alderman Ashbrook, and carried unanimously. Moved by Alderman McAlister that the City adopt the second recommendation of the Planning Board regarding a temporary water resource commission. Motion seconded by Alderman Ryle, and carried unanimously. Alderman McAlister suggested that Charles Harper serve as chairman of this commission, and that there be seven members. The City Manager suggested that this commission work with the consulting firm in reviewing the statistical information involving a complete water resources study. Item 6g A lengthy discussion was led by Alderman McAlister on the water purchase agreement with Archer City. Several members of the Council felt that 8k cents per gallon is an inadequate rate of return, and that it should be 13 cents per gallon, which is double our cost. Alderman Ryle stated that in private business you have to charge 22 times your cost to break even. Some members of the Council 217 Item 6g, cont 'd. felt the rate should be left at 84-i cents for two years. It was also pointed outbytheCityAttorneyandAldermanMcAlisterthatitisalmostaforegoingconclusionthatonceacontractisexecuteditcannotbeterminated, and the rate structureprobablycannotbechangedlater, so we had better get these things in orderbeforethecontractisexecuted. The City Attorney noted that the Water RightsCommissionhastakenjurisdictioninaFarmersBranch-Dallas case, which may havetakenpowerfromtheCityofDallastonegotiatetheirwatercontract. CharlesMcDaniel, Jimmy Horany, and Jack Meuller, from Archer City, opposed the change. RESOLUTION NO. 1853 RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH THE CITY OF ARCHERCITY, TEXAS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, a THAT: That certain water purchase contract, a copy of which is attached hereto,between the City of Wichita Falls and the City of Archer City, Texas, is herebyapproved, and the City Manager is authorized to execute the same for the CityofWichitaFalls. Moved by Alderman McAlister that Resolution No. 1853 be passed, leaving therateofeightandonehalfcents -pet one thousand gallons in the contract, but amending the last sentence of Section 2.0, as follows : This water rate is subject to modification after two years to twice the actual cost of providing raw water and thereafter every two years on the basis of twice the demonstrated increase or decrease in the cost to provide raw water, to include any factor developed for replacement cost of capital facilities." Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None Item 4e Harold Rogers, Attorney, appeared for several residents on Clayton Street, jamsomeofwhosehomeswerefloodedduringtherecentheavyrains. He stated that the first overflow was in May 1975. He believes that additional construction causes some of these problems. The engineering department is completing plans forconstructionofadditionaldrainagefacilitiesinthisarea. He requested threeitems; (1) Consideration of hiring an outside consulting firm to design a system which would intercept this water before it gets to Sikes Lake, (2) TemporarilydefertheissuanceofanybuildingpermitsupstreamofMcGrathCreek, (3) Direct the engineering department to concrete the bottom of the ditch, and to proceedfullspeedaheadwithconstructionofit. He would also like for them to report back at the next meeting as to the feasibility of building a retaining wall behindClaytonStreetandLouLane. Mr. Jesse McCabe, 3001 Holliday, appeared as a student at Midwestern State University and co-owner of an established business. He requested assistance in a flood area of the Country Club Addition, and presented a petition signed by manyofitsresidents. The Mayor stated that this matter would be presented to the City Manager for study, and they would contact him when it would be scheduled for the agenda. The City Manager indicated that he would need 30 days. Ernest Lillard stated that every project which they have going would have to stop, if they worked on McGrath Creek only. Working conditions are very severe. They expect to complete this engineering study within four to five weeks. Theyhavesomeseriousevaluationstomakeinthisarea. Other projects which they are currently working on include assessment paving and drainage, drainage on North Beverly, and drainage project on Harding Street. They feel other people 's problems are just as severe to them, as to these people. Alderman Ryle stated that Mr. Lillard is concerned about taking water off one person's back and putting it on another. 218 Item 4e, cont'd. Those appearing urging action and offering suggestions in the Clayton Street area include Bill Baird, Gene Stephens (he suggested a dirt levy along Clayton Street) , Fred Stephens, Gloria Ellison, Ralph Erwin, Vernon Hammons, and A.P. Clark. Mr. Clark noted that no engineering plan of any kind will prevent Holliday Creek from flooding if Red and Wichita Rivers are full. Mrs. Harry Ledbetter, 2015 Santa Fe, stated that their home on Lake Wichita is flooded. She inquired if something can be done about the lake. Mr. Lillard noted that some of these streets were engineered to drain into McGrath Creek. Also, there is not enough space around the creek to put the dam on. They will need it all for construction of the channel. A 10 or 12 feet wide dam would be needed. It would have to be put on private property. J. I. Ginnings , 5201 Lake Park Drive, stated that run-off has not been adequately taken into account. It is community problem that begins at Lake Wichita. He has a problem when water goes over the spillway at Lake Wichita. He stated that he would vigorously oppose the hiring of a consultant to bring water out of McGrath Creek. If temporary measures can be instituted to help Holliday Creek we should do it. He stated that he would hate to think that the Council is more interested in disrupting a schedule that would be beneficial to all the citizens, and urged them to think very carefully before they re-orient the priorities of this City. Those appearing regarding the Holliday Creek in Country Club Addition include Mrs. J. L. Payne, 2407 Jasper, Royce Frank, 1617 Dodge, and Charlie Cropper, 3101 Holliday. Mrs. Payne stated that she stepped out of her home in waist deep water last year, and that people were moved out of their homes in motor boats. Holliday Creek is so full of debris that water cannot flow freely. Mr. Cropper also emphasized this. Mr. Lillard stated that the Corps of Engineers have completed a plan for Holliday Creek, and they have been submitted to their Washington office. The City Manager stated that Holliday Creek is a major undertaking. Some work can be done, but nothing major until the Corps of Engineers has approved the project. Alderman Mathis inquired how long it would take us to do this ourselves and not wait for the Corps of Engineers. The City Manager stated that it would take one to two years to develop plans, and six months to sell bonds. It would cost approximately four million dollars locally, and ten million dollars in federal funds. Mr. Lillard stated that if the City would get behind it through Congress we might be able to get it done faster. Alderman Ryle agreed. Moved by Alderman Ryle that the Council go on record in pushing the Corps of Engineers to implement improvements to Lake Wichita-Holliday Creek-McGrath Creek at the earliest possible time. Motion seconded by Alderman Garcia and carried unanimously. Moved by Alderman Ryle that the engineering department be directed to explore the possibility with the Corps of Engineers of doing part of the work ourselves in cleaning up Holliday Creek. Motion seconded by Alderman Ashbrook, and carried unanimously. Mr. Lillard stated that if he knew of a place where water was being blocked he would clean it out and not ask anyone. The City Manager requested a maximum period until October 19 to provide the Council with final plans and specifications, and a time schedule for McGrath Creek improvements. The City Attorney will also brief the matter of a moratorium on building permits. The Board of Aldermen recessed at 2 :00 P.M. for 20 minutes. Item 5a A proposed ordinance was presented setting refuse rates on certain alleys. 219 Item 5a, cont'd. ORDINANCE NO. 3117 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Mathis that Ordinance No. 3117 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None i Item 5b V A proposed ordinance was presented amending the plumbing code. ORDINANCE NO. 3118 AN ORDINANCE AMENDING SECTION 1602.2 OF THE PLUMBING CODE AND ADDING A SECTION 1602.2.1 TO THE PLUMBING CODE TO PREVENT CONFUSION CAUSED BY THE DUPLICATION OF SECTION NUMBERS IN THE ORIGINAL ORDINANCE AND ALSO PROVIDING FOR THE USE OF POLYETHELENE THERMOPLASTIC GAS PRESSURE PIPE TUBING FOR UNDERGROUND SERVICE LINES AND FURTHER PROVIDING THAT THE MINIMUM GAS SERVICE LINE PIPE SIZE MAY BE REDUCED TO A MINIMUM OF THREE-QUARTERS (3/4) FOR A SINGLE FAMILY RESIDENCE ONLY; AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3118 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: Alderman Mathis (Alderman Mathis questioned the reduction in size of the gas service line.) item 5c A proposed ordinance was presented determining the necessity for the 1976 Assessment Paving program, and requesting permission to advertise for bids. J ORDINANCE NO. 3119 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES , STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS , DESIGNATED AS THE 1976 ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Garcia that Ordinance No. 3119 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: mm Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays: None Item 5d A proposed ordinance was presented changing the first regular council meeting date in October from the 5th to the 7th. This was done to accommodate a public hearing on the 1976-77 budget. ORDINANCE NO. 3120 ORDINANCE CHANGING DATE OF FIRST MEETING OF BOARD OF ALDERMEN IN OCTOBER, 1976 FROM OCTOBER 5TH TO OCTOBER 7TH AND DECLARING AN EMERGENCY. 220 Item 5d, cont'd. Moved by Alderman Ashbrook that Ordinance No. 3120 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None 5e A proposed ordinance was presented waiving certain subdivision restrictions r ; I, Blocks 24 and 25 of Midwestern Park Addition. Bob Seabury stated that they are trying to prevent garages facing toward the street, and enter garages through the alley, which will have to be increased in width. They also propose to decrease the street width from 30 to 27 feet. ORDINANCE NO. 3121 AN ORDINANCE WAIVING RESTRICTIONS ON REAR ALLEY ACCESS AND FOR REDUCTION IN STREET WIDTHS IN BLOCKS 24 AND 25 OF MIDWESTERN PARK ADDITION. Moved by Alderman McAlister that Ordinance No. 3121 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays: None Item 5f A proposed ordinance was passed establishing no parking zones on certain streets. t ORDINANCE NO. 3122 AN ORDINANCE AMENDING PARAGRAPHS (c) and (d) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS , ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3122 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None item 6a t'` A proposed resolution was presented increasing tennis fees. RESOLUTION NO. 1854z RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective October 1st, 1976: Family, Annual 85.00 Adult, Annual 50.00 221 Item 6a, cont'd. Student, Annual 25.00 Daily Court Fees $ .75 1 1/2 hr. per person weekdays. 1.00 1 1/2 hr. per person weekends and holidays. Evening Fees 1.00 1 1/2 hr. per person beginning at 8:00 P.M. March thru Oct. beginning at 6:30 P.M. on Nov. thru Feb. League Fees 1.00 per person per tournament (the only tournaments exempted from this fee are the MSU Fall Tournament, Wichita Falls Junior & Senior High School Tournaments, and the Southwest Junior and Senior Tournaments. SECTION 2. All resolutions in conflict with this resolution are herebyrepealedinsofarastheyconflict. Moved by Alderman Ryle that Resolution No. 1854 be passed. Motion seconded by Alderman McAlister, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None Item 6b A proposed resolution was presented increasing swimming pool fees. RESOLUTION NO. 1855 RESOLUTION ESTABLISHING ADMISSION FEES FOR LUCY PARK SWIMMING POOL BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT: SECTION 1. The following fees are hereby established for admission to the Lucy Park Swimming Pool: Ages 7 years old and above 75 Ages 6 years old and under Free with paying qualified swimmer. Cards good for twenty swims 10.00 Non-profit organizations For pool use by reservation, morning hours only) 50 SECTION 2. Resolution No. 1525 is hereby repealed. Moved by Alderman Garcia that Resolution No. 1855 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays: None Item 6c A proposed resolution was presented increasing cemetery charges. t RESOLUTION NO. 1856 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT: 222 Item 6c, cont'd. SECTION 1. The following prices for cemetery lots and spaces, and the following fees and charges are hereby established for municipal cemeteries: RIVERSIDE AND ROSEMONT CEMETERIES Two Space Lot 550.00 Adult Single Space 125.00 Infant Single Space 70.00 Opening and Closing Adult Grave 175.00 Overtime Charge, Saturday 85.00 Overtime Charge, Weekdays after 3:30 P.M. 50.00 Adult Disinterment 200.00 Infant Disinterment 100.00 Vault Installation 20.00 Lot Maintenance (Wooden Boxes) 25.00 Opening and Closing Infant Grave 100.00 LAKEVIEW CEMETERY Two Space Lot 250.00 Adult Single Space 75.00 Infant Single Space 25.00 Opening and Closing Adult Grave 175.00 Opening and Closing Infant Grave 100.00 Overtime Charge, Saturday 85.00 Overtime Charge, Weekdays after 3:30 P.M. 50.00 Adult Disinterment 200.00 Infant Disinterment 100.00 Vault Installation 20.00 Lot Maintenance (Wooden Boxes) 25.00 SECTION 2. This resolution shall become effective October 1, 1976, and Resolution No. 1691 is repealed as of that date. Moved by Alderman Mathis that Resolution No. 1856 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia', Gowan, Ryle, and Mathis Nays : None (Alderman Ashbrook obstained from voting due to a possible conflict of interest) . Item 6d A proposed resolution was presented approving the purchase of property on Kell Freeway project. RESOLUTION NO. 1857 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS , such properties have been appraised by appraisers employed by the Texas State Highway Department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are 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 properties to be purchased by Warranty Deed are as follows : Kell Freeway--Project 52-380 Warranty Deeds Lot 15, Block 15, I. Jalonick Addition 223 item 6d, cont'd. Lot 16, Block 15, I. Jalonick Addition Lot 18, Block 15, I. Jalonick Addition Lot 15, Nobles Resurvey of Block 11, I. Jalonick Addition Combined total of values approved in this resolution 34,600.00 Section No. 2 The values of such properties are 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 tracts of land as shown on the project right-of-way map. The authorized prices to be paid for such tracts are State approved values as determined from appraisals made by real estate appraisers 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 Garcia that Resolution No. 1857 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None Item 6e A proposed resolution was presented awarding the contract to Timmins Anderson J~ on the airport improvement project. RESOLUTION NO. 1858 7 RESOLUTION AWARDING CONTRACT TO TIMMINS-ANDERSON CORPORATION FOR CONSTRUCTION OF IMPROVEMENTS AT MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of certain improvements at Wichita Falls Municipal Airport; and, WHEREAS , three bids were received, and it is found that the low bid of Timmins-Anderson Corporation in the amount of $120,023.73 is the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Said bid of Timmins-Anderson Corporation in the amount of $120,023.73 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins-Anderson Corporation for the construction of such airport improvements. AW Moved by Alderman Ryle that Resolution No. 1858 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None (Alderman Mathis was out of the room) . Item 6f A proposed resolution was presented accepting a grant offer on the airport improvement project. 224 Item 6f, cont'd. RESOLUTION NO. 1859 RESOLUTION ACCEPTING GRANT OFFER FOR PROJECT NO. 6-48-0227-02, FOR IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls, Texas has submitted an Application for Federal Assistance dated September 10, 1976 to the Federal Aviation Administration requesting Federal participation in the amount of $123,840.00 for improvements at Wichita Falls Municipal Airport; and, WHEREAS , the Federal Aviation Administration has issued a Grant Offer dated September 17, 1976 which provides a commitment of Federal funds in the amount of $123,840.00 for the aforementioned development;and, WHEREAS, it is determined to be in the interest of the City of Wichita Falls that the Grant Offer be accepted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: SECTION 1. That the City does hereby accept the provisions of the Grant Offer for Project No. 6-48-0227-02, a copy of which Grant Offer is attached hereto and incorporated herein by reference. SECTION 2. The City Manager is hereby authorized and directed to execute the Grant Agreement for and on behalf of the City of Wichita Falls. Moved by Alderman Garcia that Resolution No. 1859 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays : None (Alderman Mathis was out of the room) . Action had previously been taken to postpone discussion of Deandale water contract. Item 6i I Permission was requested to employ the engineering firm of Black and Veatch for the Jasper Street water plant modification as required by federal regulations. RESOLUTION NO. 1860 RESOLUTION APPROVING CONTRACT WITH BLACK & VEATCH, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES FOR WATER PLANT MODIFICATIONS. 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 Black & Veatch, Consulting Engineers, for engineering services for water plant modification, 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. 1860 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and Mathis Nays : None Item 7a Bids were received on a tractor and mower for the Street Department. It was 4 recommended that the low bid be awarded to John's Tractor Company, Wichita Falls, ti ;;^ in the amount of $9,960.00. Fti 225 Item 7a, cont'd. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Garcia, and carried unanimously. Item 7b Bids were considered on an air compressor for the Fire Department. The low L JbidwassubmittedbyFireApplianceCompany, Wichita Falls, in the amount of5,428.00. It was recommended that the bid be awarded to them. Moved by Alderman Mathis that the bid be awarded as recommended. fir. LL Motion seconded by Alderman Ashbrook. Mark Toby appeared, representing Fire Appliance Company, stating that the bidtheysubmittedwasinerror, and they would be taking a substantial loss if itwereawardedtothem. He requested that he be allowed to withdraw the bid. The previous motion and second were withdrawn. Moved by Alderman Mathis that we accept the offer to withdraw the bid. Motion seconded by Alderman Gowan, and carried unanimously. Moved by Alderman Mathis that the bid be awarded to Darley and Company,Melrose Park, Illinois, in the amount of $5,675.00. Motion seconded by Alderman Garcia, and carried unanimously. Item 7c Bids were considered on installation of high pressure sodium street lights. t!3" ' r It was recommended that the low bid be awarded to R. B. Electric Company, Inc. ,Wichita Falls, in the amount of $4,986.00. RESOLUTION NO. 1861 RESOLUTION AWARDING CONTRACT ON THE REMOVAL OF EXISTING MERCURY VAPORSTREETLIGHTSANDTHEINSTALLATIONOFHIGHPRESSURESODIUMSTREETLIGHTS. WHEREAS, the City of Wichita Falls has advertised for bids for the removal of existing mercury vapor lights and the installation of high pressure sodiumlightsinaccordancewithcityplansandspecifications ; and WHEREAS, four bids were received, and it is found that R. B. Electric Co. ,Inc. , who bid $4,986.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS , TEXAS , THAT: Said bid of R. B. Electric Co. , Inc. , in the amount of $4,986.00 is herebyaccepted, and the City Manager is authorized to execute for the City of Wichita ,Falls a contract with R. B. Electric Co. , Inc. . for the construction of suchimprovements. Moved by Alderman Ashbrook that Resolution No. 1861 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle and MathisNays : None 226 Item 8 t ':Moved by Alderman Garcia that minutes of the meetings of the following f boards and commissions be received. a. Traffic Commissions-September 14, 1976 b. Board of Electrical Examiners-September 14, 1976 Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9a Discussion was held on Continental Airlines suspension and/or substitution case. They no longer wish to provide air service through Wichita Falls to the west. Rio would also take over from Wichita Falls to Tulsa. A C.A.B. hearing is scheduled in Wichita Falls on November 16. A B.C.I. task force has suggested that they and the City consider hiring a Washington law firm who specializes in cases before the C.A.B. , with the fee to be split between the B.C.I. and the City. Moved by Alderman Garcia that we leave it up to the discretion of the administration in hiring a lawyer and splitting the cost. Motion seconded by Alderman McAlister, and carried unanimously. v Item 9b Discussion was held on access to Kell north frontage road. Ed Ilschner presented a report concerning this matter. He stated that it will carry more traffic than the present Kell. Alderman McAlister stated that he would like driveway access limited on Kell from Kemp to Fairway and Seymour Road. He would also like to look at a temporary restriction of access on the present north frontage road. (Alderman Ashbrook left the meeting) . lr Item 9c The City Manager requested permission for the City to participate with the Texas Municipal League Public Utility Council in the Southwestern Bell rate case before the Public Utilities Commission, who now has telephone rate jurisdiction. Southwestern Bell has filed a nearly $300 million rate increase with them. This participation would require an appropriation of $3,000.00; however, the proposed increases could cost the citizens of Wichita Falls an additional $350,000. ORDINANCE NO. 3123 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Alderman McAlister that the City's participation be authorized, and that the appropriation of $3,000 be approved for this purpose. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis Nays : None Item 9d Mayor Boyd recommended the appointment of Dr. Horace Boston to the Housing Authority Board to replace James Taylor Wilson, who resigned and is leaving the City. This term will expire June 12, 1978. Moved by Alderman Garcia that this appointment be approved. Motion seconded by Alderman Mathis, and carried unanimously. 227 Alderman McAlister requested that the Planning Department review its procedures in approving and processing plats. Complaints from the building industry indicate that too much time is being taken. He also would like to have reviewed the Tax Department's present policy of value of vacant land. Moved by Alderman McAlister that the Planning Board address the matter of plats in the new subdivision ordinance. Motion seconded by Alderman Mathis , and carried unanimously. Alderman Mathis brought up the matter of personal use of city vehicles by v staff members. The City Manager stated that he would furnish the Board of Aldermen with a copy of the policy which we have. He also inquired concerning some travel by the data processing director to Washington, D.C. The City Manager olok explained that it was a training session relating to conducting an audit. f Alderman Mathis desired that nine feet alleys be addressed in the new sub- division ordinance. Alderman Garcia requested that Ed Ilschner study parking at Wichita Falls High School. It is difficult now because it faces the same direction. v . Alderman Garcia also mentioned Weeks Park tennis courts. The project is still pending; work has not been accepted. The City Manager noted that we were able to convince the Criminal Justice Council to separate their bid, and we did not purchase the status systems board for the police department. He also stated that the Railroad Commission has reviewed last month's filing of gas cost adjustment of Lone Star Gas Company. Next month's cost will increase substantially. The Railroad Commission will allow the pass through. A hearing is scheduled on October 20 for out of period gas cost. City Attorney H. P. Hodge, Jr. stated that he had reviewed the parlimentary question, and that a motion on a previous question does require a second. It is indisputable, may not be amended, and requires a two-thirds vote for passage. Alderman McAlister noted that the Supreme court has held that collective bargaining and dues checkoff are not constitutional rights. The Board of Aldermen adjourned at 5:00 P.M. PASSED AND APPROVED this 6i! day of (1L/4 L" 1976. MAYOR AW ATTEST: CITY CLERK WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the day of 1976, between the City of Wichita Falls, Texas, hereinafter referred to as the "City", and City of Archer City, Texas, hereinafter referred to as Archer City". WIT NE SSETH : WHEREAS, Archer City is organized and established under provisions of the laws of the State of Texas. One of the duties of Archer City is the construction and operation of a water supply and distribution system serving water users within the corporate limits of Archer City and to accomplish this purpose, Archer City will re- quire a supply of raw water; and, WHEREAS, the City owns Lake Kickapoo, a water reservoir with capacity capable of serving the present customers of the City system and the estimated num- ber of water users to be served by Archer City; and, WHEREAS, by Resolution No. 1853 , enacted on the 21st day of September , 1976, by City, (Attached hereto as Exhibit "A"), which authorized the City to sell raw water to Archer City; and, WHEREAS, Archer City will operate a water treatment ,,nd distribution sys- tem, and serve its customers; and WHEREAS, by resolution of the City Council of Archer City (Attached hereto as Exhibit "B"), enacted on the day of 1976, such City Council of Archer City authorized purchase of raw water by Archer City from the City in accordance with the terms set forth in the said resolution and further author- ized execution of this contract. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Archer City mutually agree to the following, to-wit: Section 1. 0: City will allow water (RAW WATER) to be diverted from Lake Kickapoo at the diversion point shown on plans and approved by the City, in sufficient quantities to meet Archer City's needs for resale to consumers, subject only to terms and provisions of this contract. Section 1. 1: Diversion point shall be at the water line and at an intake structure at Lake Kickapoo, Texas, at a location mutually acceptable to the City and Archer City. It is also the intent of Archer City to construct a ten (10) inch transmission line from Lake Kickapoo to Archer City. Section 1. 2: Maximum amount of water to be diverted by Archer City from Lake Kickapoo shall not exceed six hundred thousand (600, 000) gallons per day unless a greater amount is approved in writing by the City. Section 1. 3: Archer City shall furnish, install, operate and maintain at its own expense at the diversion point, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and recording the quantity of water diverted from Lake Kickapoo. Type and location of meter shall be agreed to by City and Archer City prior to diversion of water. Archer City shall calibrate such metering equipment whenever requested by City but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result of the rated capacity of the meter shall be deemed accurate. The previous reading of any meter disclosed by test to be inaccurate shall be corrected for the twelve (12) months previous to such test in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water diverted in the corres- ponding period immediately prior to the failure, based on existing records unless City and Archer City shall agree on a different amount. Section 1.4: Thirty (30) days prior to estimated date of completion of con- struction of Archer City water supply and distribution system, Archer City will notify City in writing the date of initial diversion of water. 2- Section 1. 5: When requested by Archer City after metering equipment has been installed, the City will agree to diversion of sufficient water for testing, flushing, and trench filling the system during construction for which Archer City will pay City at the rate set out of eight and one half cents ($0. 085) per one thou- sand (1, 000) gallons. However, minimum rate will not apply to this water used for testing the system. Section 1.6: Location and Easements - The location of the proposed pump station and intake structure shall be approved by the City, and the pump station site acquired or obtained by long term lease at an agreed upon price from the City before detailed plans and specifications are made. Easements for the pipe lines across City property shall be acquired from the City before any pipe lines are constructed. Section 1. 7: Approval - Pump station and pipe lines must be approved by Texas State Health Department before any construction. Section 1. 8: Plans and Specifications Approval - Plans and Specifications shall be approved by the City before advertising for construction of any facilities. Section 2. 0: The cost of water purchased by Archer City shall be based on the following schedule: 0. 085 per 1, 000 gallons MINIMUM MONTHLY BILL $200. 00 This water rate is subject to modification after two years to twice the actual cost of providing raw water and thereafter every two (2) years on the basis of twice the de- monstrated increase or decrease in the cost to provide raw water, to include any factor developed for replacement cost of capital facilities. Section 2. 1: The City will read the Archer City meter on the first day of each month during the term of this Contract. Archer City and City shall have free access to read meters daily if they so desire. The City will provide Archer City no later than the 10th day of each month, with an itemized statement of the amount of water metered to Archer City during the preceding month. Archer City shall pay to the City the amount of itemized statement for any month no later than 20th day for the preceding month's usage. 3- Section 3. 0: This Contract shai extend for a term of forty (40) years from the date of the initial metering of any water to Archer City. Unless water is taken within two (2) years from date hereof, this Contract shall be void. At the ex- piration of the term of this Contract, same may be renewed or extended for such term or terms, as may be agreed upon by the City and Archer City. City may cancel this Contract at any time during the life of the Contract in the event,Archer City fails to make any payment due hereunder within sixty (60) days after same becomes due; or, if Archer City breaches any covenant herein other than payment of the monthly state- ment, and such breach continues for sixty (60) days after City gives Archer City written notice thereof. Section 4. 0: Archer City shall not be required to furnish water to any resi- dent of City. If City extends its city limits to include any consumer of water from Archer City, Archer City will continue to provide water to such consumer. When City is able to extend its own water distribution system which could provide such consumer with City's water, such consumer shall be allowed the choice of remaining on Archer City system or tying into City's system. Provided however, it is under- stood and agreed the foregoing Section is subject to the restriction of 7U.S. C. Section 1926 (b) as amended. Section 5. 0: Archer City shall permit the water to be used only for normal residential, commercial and municipal purposes. Unless written permission is ob- tained from City, water shall not be used for agricultural irrigation, cattle feed lots, or any processing or manufacturing concern which uses such water in other than normal residential or commercial quantities. Archer City shall permit water to be used only within its city limits and extraterritorial jurisdiction, except for service outside these boundaries in existence at the time of executing this agreement. Archer City shall not sell any water to any private party for resale by such private parties to third parties. Present service area of Archer City shall be evidenced by an attachment as indicated in Exhibit "C". Any extension of the service area and system must be approved in writing by the City. 4- Section 5. 1: It is distinctly unc ;;rstood between parties hereto that City owes its primary obligation and duty to the citizens of Wichita Falls; in the event of an extended shortage of water, or the supply of water available to City is otherwise diminished over an extended period of time so that it becomes necessary to ration the water sold to citizens of Wichita Falls, the supply of water to Archer City's con- sumers shall be reduced or diminished in the same ratio or proportion as the supply to the citizens of Wichita Falls is reduced or diminished. Section 6. 0: This Contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas; the City and Archer City will collaborate in obtaining such permits, certificates, or the like, as may be required to comply herewith. Section 7. 0: Any amendment to this Contract shall be in writing and exe- cuted by both City and Archer City. Section 8. 0: This contract shall not be assignable without the approval of City, except Archer City may assign and/or mortgage this lease to the United States of America, acting through the Farmers Home Administration. However, in the event of any occurrence rendering Archer City incapable of performing under this lease, any successor of Archer City, whether the result of legal process, assignment or otherwise, shall succeed to the rights of Archer City hereunder. Section 8. 1: The construction of the water supply distribution system by the Purchaser is being financed by a loan made or insured by, and/or a grant from, the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereon pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Contract to be duly executed in three counterparts, each of which shall constitute an original. 5- CITY OF WICHITA FALLS, TEXAS I ItBY: ITY MANA•. R ATTEST: DEPUTY CITY CLERK CITY OF ARCHER CITY, TEXAS BY: MAYOR ATTEST: SECRETARY 6- r . r.. B L A C K & V E A T C H CONSULTING ENGINEERS 1500 MEADOW LAKE PARKWAY ADDRESS REPLY TO KANSAS CITY, MISSOURI 64114 555 QRIFFIN SQUARE, SUITE 820 DALLAS, TEXAS 75202 AREA CODE 214-TEL. 744.0320 CONTRACT FOR ENGINEERING SERVICES THIS CONTRACT, made and executed in duplicate this day of1976, by and between the City of Wichita Falls, Texas, hereinafter called the City, party of the first part, and Black & Veatch, ConsultingEngineers, hereinafter called the Engineers, party of the second part; WITNESSETH: That in consideration of the mutual convenants herein con- .tained, the City hereby agrees to employ the Engineers to perform the services hereinafter outlined, and agrees to pay them for such services according to the schedule of fees herein contained. Section I. The services which the Engineers agree to perform are asfollows: Basic Encineerinn Studies Study the Jasper Street water treatment plant relative to sludge problems. a) Estimate quantities of sludge generated and investigate means of reducing sludge volume. b) Investigate alternative methods of sludge disposal to meet regulatory agency re- quirements. c) Make recommendation as to the most cost effective method of sludge disposal. d) Submit findings and recommendations in a letter report within 60 days after authorization to proceed. Section II. For all services outlined above , the City agrees to pay theEngineersasfollows: For the services outlined in Section I, Items (a) through (d) ,a lump sum of $5,000 payable upon delivery 'of the letter report. If awarded a contract for engineering services to furnishforanyimprovementrecommendedreport, uaans etc eeepericentonsnt3%) of the engineering fee up to amaximum credit of $2,000 be applied three for r cent made for the report. payments IN WITNESS WHEREOF, the parties of the first and second parts have hereuntosettheirhandsandsealsonthedatefirstabovewritten. CITY OF WICHITA FALLS, TEXAS By BLACK & VEATCH Consulting Engineers By C.A. :•.aucn, ?a. ner