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Min 10/21/197514 Wichita Falls , Texas Memorial Auditorium Building October 21, 1975 Item 1 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 9:00 o'clock A.M , with the following members present: J. C. Boyd, Jr. Mayor Pro tem Hardy McAlister Guillermo Garcia Bill E. Gowan Aldermen Joe N. Prothro Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk Max Kruger Absent Item 2 Moved by Alderwoman McCullough that minutes of the meeting held October 7, 1975, be approved. Motion seconded by Alderman Prothro, and carried unanimously. Item 3a t A proposed ordinance was presented appropriating $525,000 for the construction of two swimming pools ; one at Kiwanis Park and one at Jalonic Park. ORDINANCE NO. 3022 Jim, AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING TRUST FUND FOR THE CONSTRUCTION OF TWO SWIMMING POOLS, IN KIWANIS PARK AND JALONIC PARK Moved by Alderman Prothro that Ordinance No. 3022 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Boyd, and McCullough Nays : None. Moved by Alderman Garcia that the application of this money be put to a vote in the next city election. Motion seconded by Alderwoman McCullough, and lost by the following vote: Ayes : Mayor Pro tem Boyd, Aldermen Garcia and McCullough Nays : Aldermen McAlister, Gowan, and Prothro. Item 3b A proposed resolution was considered regarding the withholding of employee organization membership dues. Alderwoman McCullough clarified that there are certain payroll withholdings presently allowed. RESOLUTION NO. 1730 f RESOLUTION DENYING AUTHORITY FOR A PROGRAM FOR PAYROLL DEDUCTIONS FOR MEMBERSHIP DUES IN EMPLOYEES ' ASSOCIATIONS. WHEREAS, after having considered the advisability of authorizing a program of dues checkoff for employees ' associations, the Board of Aldermen has found that 15 Item 3b, cont'd. such a program is not in the best interests of the citizens and taxpayers of the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Authority is hereby denied to institute a program of payroll deductions for membership dues in employees ' associations. Moved by Alderman McAlister that Resolution No. 1730 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. t Item 4a j A proposed ordinance was presented establishing maximum speed limits on Brook Street. 72`'J ORDINANCE NO. 3023 AN ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 3023 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. 7 Item 4b rf 7/ ' t A proposed ordinance was presented establishing a no parking zone in the 100 Ci block of Elm Street. ORDINANCE NO, 3024 AN ORDINANCE AMENDING PARAGRAPH (c) 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. 3024 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Item 4c j A proposed ordinance was introduced annexing the tracts including Washex and adjacent to Expressway Village. I ORDINANCE NO. 3025 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS , TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Garcia that Ordinance No. 3025 be introduced. Motion seconded by Alderwoman McCullough, and carried by the following vote: 16 Item 4c, cont'd. Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. I 1 Item 4d A proposed ordinance was presented providing two additional holidays for city employees. ORDINANCE NO. 3026 ORDINANCE AMENDING SECTION 2-100 OF THE CODE OF ORDINANCES TO ESTABLISH FRIDAY BEFORE EASTER AND FRIDAY AFTER THANKSGIVING DAY AS HOLIDAYS. Moved by Alderwoman McCullough that Ordinance No. 3026 be passed. The motion died for lack of a second, with no discussion. r_ Item 4e A proposed ordinance was presented deleting parking meter enforcement on J / r Saturdays. e s° e j 2 . ? !, ORDINANCE NO. 3026 ORDINANCE AMENDING SECTION 29-147 OF THE CODE OF ORDINANCES , TO ELIMINATE THE ENFORCEMENT OF PARKING METERS ON SATURDAY. Moved by Alderman McAlister that Ordinance No. 3026 be passed. Motion seconded by Alderman Prothro. Discussion followed on the reduction of revenue. Mayor Pro tem Boyd stated that he feels the meters should have a red strip placed on top of them indicating that enforcement is not required on Saturday. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Alderwoman McCullough noted improper use of two words in Mr. Ilschner 's memo, requesting that all department heads proofread their work more carefully in order to eliminate these errors. She stated that she was not only talking to Mr. Ilschner, but to all others as well, as she has noted these occurences in all departments at various times. Item 4f A proposed ordinance was presented prohibiting possession of alcoholic beverages C" in certain parks. C 7' ORDINANCE NO. 3027 ORDINANCE AMENDING ORDINANCE NO. 3018 TO PROHIBIT POSSESSION OF ALCOHOLIC BEVERAGES IN CERTAIN PARKS IN THE CITY OF WICHITA FALLS. Moved by Alderman Garcia that Ordinance No. 3027 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro Nays : Alderwoman McCullough 1 . r, Item 5a t A proposed resolution was presented awarding the low bid to Stuckey Construction Company, Inc. , in the amount of $293,340, for the 1975 Community Development Assess- ment Paving Program. 17 Item 5a, cont 'd. L s RESOLUTION NO. 1731 RESOLUTION AWARDING CONTRACT ON THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of improvements on various streets described as the 1975 Community Development Assessment Paving Program; and, WHEREAS, two bids were received, and it is found that Stuckey Construction Company, Inc. , who bid $293,340.00 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said bid of Stuckey Construction Company, Inc. , in the amount of $293,340.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Stuckey Construction Company, Inc. , for the construction of such improvements. Moved by Alderman Prothro that Resolution No. 1731 be passed. Motion seconded by Alderman Garcia, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Prothro, and McCullough Nays : None (Alderman Gowan was out of the room) . Item 5b A proposed resolution was presented approving a State Department of Highways f and Public Transportation Minute Order No. 70519 on the 1975-76 federal aid urban s stems program. This willY provide for improvement of a portion of Barnett Road. r`- RESOLUTION NO. 1732 RESOLUTION APPROVING STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER NO. 70519. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. The provisions of Minute Order No. 70519 passed by the State Highway and Public Transportation Commission on September 30, 1975, a copy of which is attached hereto and made a part thereof, providing for assistance in the reconstruction on Barnett Road and traffic signal installation at Barnett Road and FM 369, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Department of Highways and Public Transportation and fulfill its obligation so stipulated in said Minute Order as being the responsibilities of the City. SECTION 2. The City of Wichita Falls desires the State Department of High- ways and Public Transportation to include the City's portion of the work in the State's construction contract, and the City Manager of the City of Wichita Falls is hereby authorized to enter into a fixed sum agreement with the State Department ANfkofHighwaysandPublicTransportationforsuchworkanditscostasmaybemutually agreed upon. Moved by Alderwoman McCullough that Resolution No. 1732 be passed. Motion seconded by Alderman McAlister, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Item 5c A proposed resolution was presented accepting Lake Kemp reconstruction project. 1 18 Item 5c, cont'd. RESOLUTION NO. 1733 RESOLUTION ACCEPTING THE RECONSTRUCTION OF LAKE KEMP. WHEREAS , heretofore the City of Wichita Falls and Wichita County Water Improve- ment District No. 2 entered into Contract No. DACW56-67-C-0252, dated September 5, 1967, with the United States of America, whereby the United States undertook to reconstruct Lake Kemp on the Wichita River in Baylor County, Texas ; and, WHEREAS , the City and Water District have made a detailed inspection jointly with representatives of the United States, and it has been jointly determined and agreed between the parties on such inspection that the completed work has been constructed in accordance with the approved plans and specifications, save and except the following items : 1. Installation of drop structure located 200 feet downstream from stilling basin north side of outlet channel. 2. Roadside paving of drainage ditch. 3. Reshaping one foot of filter left exposed on terrace section and back filling with topsoil. 4. Cleaning and straightening drain ditch in old river channel; and, WHREREAS , the above listed items will be accomplished by the owners by January 1, 1976. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , AND BE IT RESOLVED BY THE BOARD OF DIRECTORS OF WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2, THAT : The reconstruction of Lake Kemp is accepted as of January 1, 1976; the City and Water District shall commence the operation and maintenance of such project at that date, and the obligation of City and Water District to reimburse the United States for their 22.7% share of the reconstruction cost as provided in such contract shall begin on such date of January 1, 1976. Moved by Alderman Garcia that Resolution No. 1733 be passed. Motion seconded by Alderman Prothro. Alderman Prothro inquired into the cost and method of payment for this project. The City Manager stated that $35,000 per year will take care of the City's share. The motion was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Items 6a & b rift A proposed resolution was presented approving change order and final estimate on Lake Diversion spillway and modifications. Joe Smith explained that Change Orders 2, 3, and 4 were for necessary additional work performed which was not in- cluded in the original contract. Alderman McAlister noted that he is curious why these problems were not foreseen by the engineers earlier. It was noted that the contract has been in effect for the past two years. Alderman McAlister stated that the City seems to have to pick up the tab for these errors or oversights. An appropriation ordinance was also presented in connection with this expenditure. RESOLUTION NO. 1734 RESOLUTION APPROVING CHANGE ORDERS AND FINAL ESTIMATE AND ACCEPTING CON- STRUCTION OF REPAIRS TO THE LAKE DIVERSION SPILLWAY STRUCTURES. WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement District No. 2, as owners, and Navarro Contracting Co. , as contractor, entered into a contract dated September 19, 1973, wherein said contractor agreed to con- struct certain repairs to the Lake Diversion spillway structures ; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, 19 Item 6a & b, cont'd. WHEREAS, Change Order No. 1 has heretofore been approved by the Board of Aldermen; and, WHEREAS, Change Orders No. 2, No. 3 and No. 4 and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $706,092.00, of which $679,712.00 has been paid to the contractor, leaving a balance of $26,380.00; and, WHEREAS, the City owes 66.11% of the balance due, or $17,439.82, and the Water District owes 33.89%, or $8,940.18; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The construction of repairs to the Lake Diversion spillway structures is accepted by the City of Wichita Falls, Change Orders No. 2, No. 3 and No. 4 and the final estimate are approved, and the City Manager is directed to pay to the said contractor the City's share of the amount due as shown on such estimate. Moved by Alderman Prothro that Resolution No. 1734 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. F / ORDINANCE NO. 3028 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3028 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. r .° Item 5d A proposed resolution was presented authorizing the City Manager to submit a proposal to Texas Municipal League for social services program demonstration project. This will be a one-year program to serve as a component of the Planning Department. The City's contribution, including printing charges, will be $2,555. RESOLUTION NO. 1735 RESOLUTION APPROVING APPLICATION FOR TEXAS MUNICIPAL LEAGUE SOCIAL SERVICES PROGRAM. WHEREAS, the Board of Aldermen considers it advisable to establish a Com- munity Council to serve as a human service planning component of the Planning Department of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The City Manager is hereby authorized to submit an application for such a project to the Texas Municipal League under their social services program for approval and funding for a one year period. Moved by Alderman Prothro that Resolution No. 1735 be passed. Motion seconded by Alderman Garcia. David Wolverton, 2103 Berkley, stated that he is speaking only for himself. Throughout his involvement with United Way, he feels they have done an excellent job in funding these social organizations, but they do not know where duplica- tions and gaps exist. He feels this proposal will help the entire community to 20 Item 5d, cont'd. come to grips with the planning of social services to see that our dollars are better spent, and to eliminate gaps and duplications. He feels this is a real opportunity for the City of Wichita Falls to help the entire community in a function that is vitally needed. Once it is accomplished a private organization can take the load from this. Alderman McAlister inquired if he believes it can be carried on by a private organization after this one year demonstration project? Mr. Wolverton stated that he believes it can be. If some governmental money is forth- coming it would be helpful, but he feels it can be carried on by a private agency after the one year period. Funding is a problem, but it is not the chief problem. He stated that he is not in a position right now to say what organization will carry it on, but he believes it can be done. He does not see the City of Wichita Falls being the sponsoring entity in the Community Council. He feels it is im- portant for the community as a whole for it not to be looked upon as a United Way program, although he is of the opinion that they will approve it. Alderman McAlister inquired if there are any strings attached to the funds received by other agencies? The City Manager saw none except to carry out the pro- visions of the contract. The motion for passage of Resolution No. 1735 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : None. Item 7 rf Permission was requested to advertise for bids for the following: is. a. Four refuse collection vehicles. b. A motor grader and air compressor for the Street Department. c. A crawler type front end loader for Utility Construction and Maintenance Services Department. d. A backhoe, front loader, and air compressor for Water Distribution. e. A utility tractor and rotary mower for Parks and Recreation. f. Reconstruction parts for three raw sewage pumps at Waste Water Treatment Plant. g. Three emergency warning sirens for Public Safety Department. h. High pressure sodium vapor street lights to improve Central Business District in the Community Development program. i. Traffic signal equipment to be used in 1974 federal aid program for traffic signalization. j . A 28 foot bucket truck for Traffic Engineering Department. k. 64 mercury vapor light fixtures for TESCO Park. 1. Parking lot at TESCO Park. m. Roadway and parking improvements in Scotland Park. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough. Alderman Gowan stated that he had received several complaints about no traffic signal at Memorial Stadium. Ed Ilschner stated that this intersection does not meet traffic signalization warrants at this time except for two hours in the morn- ing and two hours in the afternoon. It must meet it for eight hours. It will be considered in the 1976 program. Alderman Boyd inquired concerning lighting for the Central Business District. Mr. Ilschner estimated a completion date of February or March. The motion was carried unanimously. Item 8 I_ Moved by Alderman Prothro that minutes of the meetings of the following boards 1 71 and commissions be received: 2( .4- a. Aviation Advisory Board - September 17, 1975 v ' j 21 Item 8, cont'd. b. Bicentennial Commission - Septe..ber 18, 1975 c. Board of Electrical Examiners - October 14, 1975 d. Traffic Commission - October 14, 1975 e. Mayor 's Commission on Status of Women - October 2, 1975 Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9a Appointments to boards and commissions were considered. 1>f Moved by Alderman McAlister that Major Gary L. Willman be appointed to the Airport Advisory Board to fill the unexpired term of Colonel Bielefeldt, which term expires December 31, 1975. Motion seconded by Alderwoman McCullough, and carried unanimously. Moved by Alderman Prothro that Ralph Siebach be reappointed to the Wichita Falls Museum and Art Center Board of Trustees for a term to expire September 30, 1977. Motion seconded by Alderman Gowan, and carried unanimously. Moved by Alderman Prothro that Bob Taubert be appointed to the Traffic Com- mission to fill the unexpired term of Leon Flake, which term expires December 31, 1977. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderwoman McCullough suggested that appointments to the Hospital Board be postponed. Alderman McAlister inquired if this matter could be taken up in executive session? City Attorney H. P. Hodge, Jr. stated that it could be con- sidered a public officer, and therefore could be discussed in closed session. Alderman Prothro was opposed to an executive session. Alderman McAlister had no objection to discussing it at an open session, but felt it should be at a work session at which the media can be invited. It was decided to meet on Monday, November 3, at 7:00 o'clock P.M. , for a work session. o Susan Denny appeared representing the Future Teachers of America at Wichita Falls High School. She reported that they plan to have a halloween carnival at Funland on October 31 with the theme of Safety for Children. She desired that the Council be aware of this activity. Mayor Pro tem Boyd thanked her for informing them. Alderman Prothro mentioned the RUDAT report. The recommendations for imple- menting this program include a long range comprehensive development by the City of Wichita Falls, as well as to assist in projects through direct grants, etc. The second part is the formation of a non-profit corporation which should con- sist of the City of Wichita Falls, Board of Commerce and Industry, and the Down- town Association. He requested that the City Attorney begin immediately in the development of a non-profit corporation. He also requested the City Manager to prepare for the Council a list of possible sources of revenue which could be used by the non-profit corporation for funding, and report back to the Council in one month. 7f ` Alderman McAlister inquired into the animal control request. It will be presented at the next meeting. He also inquired concerning Zero based budgeting,f `' the Texas Electric rate increase, and the telephone rate increase. All these matters are being taken care of, and will be presented at a later date. Mayor Pro tem Boyd expressed his displeasure over the media's reporting of the New York City situation. The City Manager explained that the National League of Cities has not endorsed this, but some individual members of the U.S. Confer- ence of Mayors have endorsed some remedial legislation. Ernest Lillard stated that a resolution has been introduced to the Texas Municipal League opposing this legislation. Mayor Pro tem Boyd stated that he would like to see this Council go 22 on record as being opposed to this legislation. He does not feel that other cities are responsible for their problems. It was pointed out by the City Manager that municipal bonds could be affected. Moved by Mayor Pro tem Boyd that a resolution be drawn up by the City Manager indicating our displeasure of the proposal that the New York City crisis be trans- ferred to us, and that copies be sent to the Texas Municipal League and our own senators and representatives. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Mayor Pro tem Boyd, Aldermen McAlister, Garcia, Gowan, and Prothro Nays : Alderwoman McCullough. Former Mayor Kenneth Hill was recognized. Moved by Alderman Prothro that the meeting be adjourned. Motion seconded by Alderman Gowan, and carried unanimously. The Board of Aldermen adjourned at 10:45 A.M. 47,e_iPASSEDANDAPPROVEDthis $ day of 1975. 1 gayor ATTEST: a zQ/ it° Deputy City Clerk LigirdeDi Forms A STATE DEPARTMENT c:F sflIVAYS 7S AND mimic TTut,:5.'v&t'rA`ziON MINUTE ORDER iii W___County Page 1 of 2 Pages District No.---3•—_------_____ WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has requested assistance in recon- struction on Barnett Road from Athletic Drive, North to Fars to Market Load 369, a dip- tance of approximately 0.5 mile; and WHEREAS, Barnett Road is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the City of Wichita Falls: provided the City will: 1. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain all of the work constructed as part of the project and agree to regu- late traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. 3. Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the traffic signals. Subject to the availability of Federal-aid Urban System fun& Mod the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications.