Min 11/23/1976258
Wichita Falls , Texas
Memorial Auditorium Building
November 23, 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 X
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 Air Force Chaplain Lieutenant Colonel Jack Payne.
Item 3
Moved by Alderman Garcia that minutes of the meeting held November 4, 1976, be
approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
J Item 4a
The public hearing was opened on the 1976 annexation program. Steve Ondrejas
explained that this area is located on the Northeast corner of Allendale Road and
Southwest Parkway. Traffic control will be needed at this intersection when
Certainteed opens. They are being served by water and sewer. The City Manager
explained that they are also taking advantage of roadways nearby, as well as fire
protection through the County.
Alderman Ashbrook noted that he would refrain from discussion or voting on this
matter due to a conflict of interest on part of this property.
No one desired to be heard, and the hearing was closed.
VItem 4b
The public hearing was opened on the Community Development block grant
application. Steve Ondrejas stated that the purpose of the hearing is to obtain
citizen involvement under this program. It is expected that we will receive
1,523,000 this year for this program. Prior to its application, the City must
proceed with a citizen participation plan. Six neighborhood meetings were held.
Legislation also requires that at least two public hearings be held to obtain
citizen input, and this is the first of the two formal public hearings. He noted the
three-year summary plan, statement of needs, long-term objectives, and short-term
objectives. The short-term objectives are the projects which would be funded in
1977-1978. Street paving and drainage will receive the most funding. Harding
Street to Cottonwood is the largest project, with the neighborhood center being the
second largest. $300,000 is earmarked for midtown improvements. Park improvements
include a tennis court at Lynwood East park. The application requires that the City
target certain neighborhoods. The law requires that these funds not be exclusively
spent in these target areas, but most of them should be. Lynwood and TESCO Parks
are located on the boundaries of our target sectors.
Target Sector One was represented by Ikard Smith, President of Midtown Now.
He noted that the boundaries of this area include Brook Street on the west, Kell
Boulevard on the south, railroad tracks on the east, and the Wichita River on the
north. He stated that the downtown area has a strong base which should be preserved,
259
Item 4b, cont'd.
and is a viable market for our city. He proposed to utilize private and public
resources to accomplish this task. He proposed projects totaling $720,000 for the first
two years, and $730,000 for the third year.
Lana McDonald appeared as president of the Wichita County Heritage Society. She
presented the idea of depot square as being a concentrated area of a historical
district. They propose that this area would contain=tea and sandwich shops, office
space, boutiques, antique shops, parks, and a farmers market. She stated that the
main benefit would be to the citizens , as well as to visiting convention groups.
Three historical buildings are located in this area, namely, the Kemp-Kell Building,
the world 's littlest skyscraper and the Blair-Maupin wholesale grocery building. She
feels that the buildings outside this area can be protected by a separate landmark
ordinance.
Ikard Smith stated that he feels the farmer's market will be beneficial to the
City, and he introduced Mr. Ed Garnet from Vernon, who is District Extension Agent
for the Agriculture Extension Service. Mr. Garnet stated that their position is just
to present the information to the Council in order for them to make a decision. He
stated that they have a research station at Munday for producing vegetables. Gordon
Powell , a vegetable and marketing specialist from Texas A & M stated that he would
be able to assist in getting background information. Alderman Ryle inquired
concerning farmers markets in other cities comparable in size to Wichita Falls. He
stated that there is a successful operation in Beaumont. He stated that the City
must support this totally if it is to be successful. A good manager is most
important. He must be someone who is aware of the total market concept. In
Beaumont the vocational agriculture teacher is the manager during the summer. The
County Agent and others also assist. In the winter time truckers go to the Rio
Grande Valley to secure produce. In Beaumont it is mostly the producers who bring
their goods and rent a stall .
Charles Vinson appeared as director of the Department of Consumer Affairs for the
City of Dallas. He stated that their farmers market has been in operation since 1941 .
They have eight acres. It was developed to get produce off the streets. Their
gross sales last year were just under $20,000,000. The City realized a profit of
about $210,699. The market has had a positive attitude in the downtown area.
Citizens shop in family units . The consensus in Dallas seems to be that the farmers
market is not on a competitive basis with retail outlets. Management needs to be
tight to protect the identity of the farmer, and keep non-farmers out who can sell
for lower costs and quantity. They also sell floral arrangements and handmade
arts and crafts.
B. T. Haws introduced two Oklahoma farmers and another from the Charlie area
who would be interested in selling their produce in Wichita Falls. Mr. Downing, a
vegetable grower, pointed out that organization is of the most importance.
Jim Zugg appeared in favor of a human resource center. He stated that 27
community agencies offering services endorsed the concept of a human resource
center. At the present time citizens are having to travel all over the community
to obtain these services. This center would provide a centralized location.
Accreditation standards are causing agencies to have to seek expanded buildings.
Land must be available. They would rather serve in a proximity of each other.
Ikard Smith stated that all of these items came from the Planning Department
and the Rudat team. Art Beyer endorsed the midtown project by letter, stating that
the Bicentennial Commission endorsed it in 1974.
Alderman Ashbrook noted that the tax rate would have to be raised by thirteen
cents if the taxpayers supported this proposal. Most of this money is coming from
revenue sharing. Ikard Smith stated that when the midtown area is improved you
will see more private investment. The City Manager stated that Depot_Square should
be operated by private enterprise. He does not see much continuing operating costs
for many of the projects.
Alderman Ryle left the Council meeting at 10:05. His wife is having surgery.)
Target Sectors 2 and 3 were represented by Tommy Robinson of Rosewood Group Two.
He stated that their proposals are in the packet which has been presented by the
staff. They endorse these proposals at the present time.
Otis Polk appeared as chairman of Rosewood Group One. He mentioned property for
the neighborhood center. Steve Ondrejas stated that the site has not been selected.
260
Item 4b, cont'd.
He inquired concerning a time schedule on starting the center. The City Manager
stated that they are recommending that an architect be employed to provide a site
analysis.
Jerry Wayne Oliver appeared on behalf of the people on Maple Street regarding
condition of the street when it rains. He stated that it is hard for people to get
to their homes. Alderman Mathis and Steve Ondrejas confirmed that this street is
included.
No one desired to be heard from Target Sectors 14 and 10.
The City Manager stated that if any funds are to be reallocated they would like
to know the Council 's thoughts on this before the next meeting.
The public hearing was closed.
Item 5a
Floyd C. Dyer of the Parks and Recreation Department was honored as employee
of the month. Mayor Boyd presented him with a plaque, along with two tickets each
to a theatre and to El Babo's for a meal.
vItem 5b
Jerry Vandiver of Wire, Inc. , appeared seeking a CATV franchise. He stated
that it is not the intent of Wire, Inc. to harm the local television stations, but
to make a viable TV market center for this area. Each citizen will have the choice
of having CATV or not having it. It will not take away the broadcasting which we
now have. It will provide additional channels, services, and revenue to the city.
We would have all local channels which we now have, plus two additional broadcasting
stations from Ft. Worth and Dallas. We would have a public access channel and an
educational access channel. There would also be one for local government use. We
would have a 24-hour weather channel. Also, news and stock market reporting. He
stated that they cannot bring in any other NBC, CBS, or ABC stations.
Alderman Garcia inquired if FCC rules would allow the cable to show obscene
material, and Mr. Vandiver stated that it was not allowed. They must also give
equal time to political activities , and they cannot have lotteries. The cost of
hook-up is $6.95 per month, plus an installation charge of about $20.00. He stated
that it would bring revenue to the city amounting to about $50,000 to $55,000
per year. Mr. Vandiver stated that one of their major stockholders has operated a
cable system. They also have an engineer whose expertise is cable TV. He stated
that they could also have response in educational material from a student back to a
teacher. Channel 39 would provide more religious programing.
Alderman McAlister inquired if all he is offering are channels 11 and 39 in
addition to what we now have, what makes him think his proposal would be accepted?
Mr. Vandiver stated that they would provide a clearer picture on KIDZ. He
explained that it has been found in most cities that people are taking the system to
have the choice of even one more channel. Alderman Ashbrook inquired how it would be
tied into the houses. Mr. Vandiver explained that a cable would be installed into
the homes with an attachment to the set. Most systems are being put in with the
capability of 24 to 35 channels. Mr. Vandiver noted that there has been some
criticism to cable TV in Wichita Falls since it was defeated at one time, but
feels it is time for us to get in step with additional communication capabilities.
Alderman McAlister inquired if he had any objections to the Council calling an
election on it. Mr. Vandiver stated that he feels the Council should make that
decision. He stated that they had not talked with the local TV stations about cable,
but felt they probably would.
Bill Warren, a MSU physics student, presented a brief look at Fiber Optic cable
system. It would be able to carry a great deal more information than the Coaxial
system. He feels if the Coaxial system is brought in within the next five years, we
would wish that we did not have it. The fiber optic system is now in use in Japan,
and would cost about $125.00 to install the system.
Norm Friedman appeared as a local businessman and former manager for a large
cable system. He stated that the fiber optic system will not be available for at
least twenty five years. A system would require an investment of at least one
million dollars. Growth of the industry is considered to be four percent per year.
261
Item 5b, cont'd.
He feels the City of Wichita Falls should consider CATV. Mr. Vandiver stated that
he felt it would require three and one-half million dollars to install the system.
Alderman Gowan inquired if we would have to go out for bids? City Attorney
H. P. Hodge, Jr. stated that he knew of no requirement for taking bids on this service.
The Board of Aldermen should use their best judgment in granting a franchise.
Alderman McAlister noted that they would need some criteria to make this determination.
The City Manager gave the history of the CATV discussions beginning in 1965 and ending
in 1972 when it was defeated at the polls. The Council requested copies of information
previously submitted.
v,
Item 5c
Bebo Garcia appeared , stating that he had been approached by the Health Department
about raising hogs within the city limits. He stated that he knows there is a
city ordinance against raising hogs in the city limits, but he believes if his hogs
are creating a health problem, that the hogs on River Road are also causing a health
problem. He stated that his 27 head of hogs are located behind Dow Chemical Company
on the old Burk Road. He has been in the business about five years , and was not
aware of the ordinance when he got into the business. He stated that he will abide
by the ordinance if it is enforced one hundred percent. If they find that he should
move the hogs then he would do so when he has proper time to find another place for
them. Mayor Boyd, in explaining the previous exception to the ordinance, stated
that the people on River Road were raising hogs before they were taken into the city
limits.
Items 5d & e
Jon Brotherton, Assistant Pro at Weeks Park Tennis Center, requested exemption
of tournament fees for the TO tennis tournament to be held at Weeks Park. He
explained that exemption of the fees would bring in more participants. Joe Tom White
did not appear regarding the tournament fees for Weeks Winter Tournament, but both
requests were addressed.
Martha Hall, a member of the Park Board, explained that the discussion in park
board meeting centered around rule 12 of the tennis policy, which exempts certain
other tournaments. She noted that the Weeks Winter Tournaments. She noted that the
Weeks Winter Tournament is not a school tournament. It was her personal feeling,
however, that it is very unfair to exempt some tournaments and not others. She
feels it should be all or none. Alderman Gowan agreed.
Moved by Alderman Ashbrook that these two tournaments be exempted from fees .
The motion died for lack of a second.
Moved by Alderman McAlister that this policy be reviewed by the Park Board.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman Mathis left the Council meeting at 12 :00.)
1, Item 5f
Mike Draper did not appear to present the petition requesting additional
evening hours at Weeks Tennis Center since he had already presented it to the Park
Board. Alderman Ryle had left a statement questioning leaving the courts open at
night without an attendant. The City Manager stated if there is a need for it to
be left open they can handle it on an administrative basis.
Item 8e
Frank Douthitt, Attorney, appeared in regard to a proposed water purchase
contract with Dean Dale Water Supply Corporation. He does not believe that Section
5 defines subdivision. Discussion was held on this matter, as well as the rates and
quantity of water. Alderman McAlister discussed the cost of water purchased. The
City Manager stated that we determine the rate based on our annual costs. Alderman
Ryle also left a statement in regard to the quantity of water and percentage increase.
He felt that Section 1.0 should read 150,000 gallons, as it does in Section 1.8.
It was agreed that the rate will be looked at in the contract.
262
Item 8e, cont'd.
Moved by Alderman Gowan that this contract be deferred for further negotiations
between Mr. Douthitt, City Attorney H. P. Hodge, Jr. , and Steve Ondrejas.
Motion seconded by Alderman Garcia, and carried unanimously.
The Board of Aldermen recessed at 1 :05 P.M. , and the meeting resumed at 1 :30 P.M.
Item 9e
A proposed resolution was presented awarding the contract for extension of the
2 'Y r. ! ., animal control center.
RESOLUTION NO 1878
f = ` `
A RESOLUTION ACCEPTING THE BID OF IRBY CONSTRUCTION COMPANY FOR THE
EXPANSION OF THE ANIMAL CONTROL CENTER AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH IRBY CONSTRUCTION COMPANY.
WHEREAS, the City of Wichita Falls has requested bids for the expansion of the
Animal Control Center; and,
WHEREAS, on November 16, 1976, bids were opened in the Deputy City Clerk's
office; and,
WHEREAS, the only bid received was from the Irby Construction Company of Wichita
Falls, Texas, in the amount of $11,952.00.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
The bid of $11,952.00 from Irby Construction Company of Wichita Falls, Texas , for
the expansion of the Animal Control Center is hereby accepted, and the City Manager
is hereby authorized to execute the contract with Irby Construction Company on behalf
of the City.
Moved by Alderman McAlister that Resolution No. 1878 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 6a
A proposed ordinance was presented appropriating $6,000 from the revenue
sharing fund to the Animal Control Shelter.
ORDINANCE NO. 3143
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO
PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3143 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 6b
A proposed ordinance was presented reducing a previous appropriation for sanitation
containers.
ORDINANCE NO. 3144
AN ORDINANCE AMENDING ORDINANCE NO. 3090, TO REDUCE FURTHER THE
APPROPRIATION FOR SANITATION CONTAINERS.
263
Item 6b, cont'd.
Moved by Alderman Garcia that Ordinance No. 3144 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
A*
Item 7a
A proposed ordinance was presented suspending parking meter enforcement on Friday,
December 10, 1976. r-^ -"
ORDINANCE NO. 3145
AN ORDINANCE SUSPENDING THE ENFORCEMENT OF PARKING METERS ON FRIDAY,
AW
DECEMBER 10, 1976, FROM 3:00 O'CLOCK TO 6:00 O'CLOCK IN ORDER TO PERMIT
DOWNTOWN ACTIVITIES ASSOCIATED WITH THE PIONEER BOWL PARADE.
Moved by Alderman McAlister that Ordinance No. 3145 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 7b
A proposed ordinance was presented updating the retirement plan for city
employees and their beneficiaries. z
ORDINANCE NO. 3146
AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING, UNDER THE
ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, 'UPDATED SERVICE
CREDIT' IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; ELECTING AND
PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS ; AUTHORIZING
AND PROVIDING FOR ALLOWANCE OF INCREASES, AS HEREIN PROVIDED, IN MONTHLY
BENEFITS PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM, AFTER THE EFFECTIVE
DATE HEREIN SPECIFIED, TO RETIRED EMPLOYEES AND TO BENEFICIARIES OF
DECEASED EMPLOYEES , UNDER CURRENT SERVICE ANNUITIES ARISING FROM SERVICE
OF SUCH EMPLOYEES TO THIS CITY.
Moved by Alderman McAlister that Ordinance No. 3146 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 7c
A proposed ordinance was presented waiving building line restrictions on portions
of Blocks 3 and 5, Faith Village Unit One.
ORDINANCE NO. 3147
AN ORDINANCE WAIVING SIDELINE RESTRICTIONS ON LOT 1 OF A PROPOSED REPLAT
OF PORTIONS OF BLOCKS 3 AND 5, FAITH VILLAGE, UNIT 1 OF THE CITY OF
WICHITA FALLS , TEXAS
Moved by Alderman McAlister that Ordinance No. 3147 be passed.
Motion seconded by Alderman Garcia and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, and Ashbrook
Nays : None (Alderman Gowan did not vote or take part in the discussion due to
a possible conflict of interest) .
264
Item 8a
A proposed resolution was presented authorizing the City Manager to execute
contracts with the tennis pro and assistant tennis pro.
RESOLUTION NO. 1879
A RESOLUTION APPROVING CONTRACTS WITH JOHNNY SIMMONS, TENNIS PRO, AND
JON BROTHERTON, ASSISTANT TENNIS PRO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME FOR THE CITY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
The contract with Johnny Simmons for employment as tennis professional for the
City, a copy of which contract is attached hereto, and the contract with Jon Brotherton,
employing him as assistant tennis professional for the City, a copy of which is also
attached hereto, are hereby expressly approved and the City Manager is hereby authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1879 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8b
A proposed resolution was presented approving an amendment to the Municipal
Maintenance Agreement with the State Department of Highways and Public Transportation.
RESOLUTION NO. 1880
r
A RESOLUTION APPROVING THE AMENDMENT OF THE MUNICIPAL MAINTENANCE
AGREEMENT ENTERED INTO ON JUNE 29, 1976, BY ADDING US HIGHWAY 82-277
KELL BOULEVARD) TO THE LIST OF STREETS AND HIGHWAYS SUBJECT TO THE
AGREEMENT; AND, AUTHORIZING THE EXECUTION OF THE AMENDED MUNICIPAL MAIN-
TENANCE AGREEMENT BY THE CITY MANAGER.
WHEREAS, by passage of Resolution No. 1783 on March 16, 1976, the Board of
Aldermen of the City of Wichita Falls approved the Municipal Maintenance Agreement
between the City of Wichita Falls and the State of Texas acting through the State
Deportment of Highways and Public Transportation; and,
WHEREAS, it is now deemed advisable and beneficial to the City to include
US Highway 82-277 (Kell Boulevard) from old US 82-277 to Holliday and Broad Streets
within the terms of this maintenance agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS , THAT:
The amendment to the Municipal Maintenance Agreement, which was executed on
June 29, 1976, by and between the City of Wichita Falls and the State of Texas,
acting by and through the State Department of Highways and Public Transportation,
a copy of which is attached hereto, and which would include US Highway 82-277 (Kell
Boulevard) in the agreement, is hereby expressly approved; and, the City Manager
is hereby authorized to execute the amended Municipal Maintenance Agreement for the
City.
Moved by Alderman Garcia that Resolution No. 1880 be passed.
Motion`setonded by Alderman Ashbrook, and carried by the following vote:
Ayes: Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8c
A proposed resolution was presented authorizing the City Manager to contract
for architectural services for the eastside neighborhood service center.
265
v/ Item 8c, cont 'd.
RESOLUTION NO. 1881 4°
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
LAMBERT-DUNHAM, ASSOCIATES FOR DESIGN OF THE EASTSIDE NEIGHBORHOOD SERVICE
CENTER
WHEREAS, the concept of a multi-purpose neighborhood service center has received mm
wide support among social service agencies and among the residents to be served ; and
WHEREAS, the Board of Aldermen endorsed the concept of a neighborhood center on
December 16, 1975 and on January 6, 1976; and
WHEREAS, the Board of Aldermen approved the expenditure of $100,000 from the
1976-77 Community Development Block Grant for the design and construction of the
first phase of the center; and
WHEREAS, Lambert-Dunham, Associates has been selected as the architectural
firm for this project due to the quality of their work and their experience in
ventures of this nature after careful evaluation of interested architectural firms
in Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Gerald G. Fox, City Manager, is authorized to enter into a contract with
Lambert-Dunham, Associates for the design of the Eastside Neighborhood Service
Center.
Moved by Alderman McAlister that Resolution No. 1881 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8d
Proposed resolutions were presented authorizing continuance of the City-County
Health Unit, and appointing Dr. Louis M. Theimer to the Board of Health for a two-
year term beginning January 1, 1977.
RESOLUTION NO. 1882
RESOLUTION CONTINUING CITY-COUNTY HEALTH UNIT FOR TWO YEARS.
WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting
Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of
Revised Civil Statutes of Texas and thereby ratified the continued joint operation
of the Wichita Falls City-County Health Unit; and,
WHEREAS , by the terms of Section 6 of said Article 4436a-1, R. C. S. , at the
end of every two-year period of operation, said respective governmental bodies shall
determine, by resolution, whether said Unit shall be continued as a City-County
Health Unit or shall be operated separately as now provided by law; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas , does
desire to continue the operation of said unit as a City-County Health Unit for
another two-year period.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
The Wichita Falls City-County Health Unit shall be continued as a City-County
Health Unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the
two (2) year period from January 1, 1977 through December 31, 1978.
Moved by Alderman McAlister that Resolution No. 1882 be passed.
Motion seconded by Alderman Garcia and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
266
Item 8d , cont'd.
ly
RESOLUTION NO. 1883
RESOLUTION APPOINTING A MEMBER TO THE WICHITA FALLS CITY-COUNTY
BOARD OF HEALTH
WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting
Resolution No. 437 on December 23, 1960 adopted the terms of Article 4436a-1 of
Revised Civil Statutes of Texas and thereby established a joint City-County Board
of Health; and,
WHEREAS, by the terms of Section 2 of said Article 4436a-1, R. C. S. , the
appointment of members to the seven-member City-County Board of Health shall be by
joint action of the Wichita Falls Board of Aldermen and the Wichita County Commissioners
Court; and,
WHEREAS, there will exist a vacancy on the City-County Board of Health after
January 1, 1977; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls desires to make an
appointment of a member to fill the vacancy on the City-County Board of Health,
subject to the ratification of said appointment by the Wichita County Commissioners
Court.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Dr. Louis M. Theimer, M. D. is hereby appointed a member of the Wichita Falls
City-County Board of Health for a term of two (2) years , commencing January 1, 1977,
provided, said appointment is duly ratified by the Wichita Falls Commissioners Court.
Moved by Alderman McAlister that Resolution No. 1883 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8f
V, A proposed resolution was presented approvingg p urchase of property for Kell
Freeway project.
RESOLUTION NO. 1884
RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY
RELOCATION AND AUTHORIZING THEIR 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 appraisers employed by the Texas
State Highway Department and the amount of the value 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 property to be purchased by Warranty Deed are
as follows :
Kell Freeway -- Project 52-380
Warranty Deed
Lots 4 & 5, Block 6, I. Jalonick Addn.
Combined total of value approved in this resolution 75,000.
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
267
Item 8f, cont'd.
project right-of-way map. The authorized price to be paid for such tract is State
approved value 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 McAlister that Resolution No. 1884 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Gowan, Garcia, and Ashbrook
Nays : None
v/Item 8g
A proposed resolution was presented approving a municipal construction and
maintenance agreement for improvements to Midwestern Parkway and Call Field Road.
RESOLUTION NO. 1885
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE
STATE OF TEXAS AND THE CITY OF WICHITA FALLS PROVIDING FOR CERTAIN
IMPROVEMENTS ON CALL FIELD ROAD AND MIDWESTERN PARKWAY
WHEREAS, the Board of Aldermen has previously approved this project as evidenced
in the acceptance of Minute Order 69334 dated November 1, 1974 and Minute Order 70260
dated August 1, 1975, which would provide for the improvement of Midwestern Parkway
from McNiel to Maplewood and,
WHEREAS , the increased capacity provided by these improvements will provide
beneficial traffic flow improvements for the traveling public of the City of Wichita
Falls,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain Agreement, a copy of which is attached hereto, between the State
of Texas, acting through the State Department of Highways and Public Transportation
and the City of Wichita Falls , Texas, providing for the modernization of Midwestern
Parkway from McNiel Avenue to Maplewood Avenue, is hereby approved, and the City
Manager is authorized to execute the same for the City.
Moved by Alderman McAlister that Resolution No. 1885 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8h
V:
AukAproposedresolutionwaspresentedauthorizingtheCityManagertoexecutea
municipal construction and maintenance agreement for traffic signalization projects.
RESOLUTION NO. 1886
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE
STATE OF TEXAS AND THE CITY OF WICHITA FALLS PROVIDING FOR THE SIGNALIZATION
OF SIX STREET INTERSECTIONS.
AINW
WHEREAS, the Board of Aldermen passed Resolutions 1590 and 1703 accepting
State Department of Highways and Public Transportation Commission Minute Orders
69330, 69331, 69332, and 70260 providing Federal-Aid Urban System funds for traffic
signal improvements in the City of Wichita Falls , Texas ; and,
268
Item 8h, cont'd.
WHEREAS, it is in the public interest to proceed with the construction of
signalization improvements that increase the operational safety of high traffic
volume intersections within the city.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
That certain Agreement, a copy of which is attached hereto, between the State
of Texas , acting through the State Department of Highways and Public Transportation
and the City of Wichita Falls, Texas , providing for the signalization of six (6)
street intersections listed as follows : (1) Midwestern Parkway at Hampstead Lane,
2) Kemp Boulevard at Maplewood Avenue, (3) F. M. 369 at Maplewood Avenue, (4)
Kell Boulevard at Taft Boulevard, (5) Kell Boulevard at Harrison Street and (6) Kell
Boulevard at Brook Avenue, is hereby approved, and the City Manager is authorized
to execute the same for the City.
Moved by Alderman McAlister that Resolution No. 1886 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 8i
A proposed resolution was presented authorizing the City Attorney's office
to settle claims under the workmen's compensation act. The City Manager explained
that ESIS previously handled them, but now the City is self-insured, and it is
necessary that it be handled by someone in our organization.
RESOLUTION NO. 1887
A RESOLUTION AUTHORIZING THE CITY ATTORNEY AND ASSISTANT CITY
ATTORNEYS TO SETTLE AND COMPROMISE WORKMEN'S COMPENSATION CLAIMS ON BEHALF
OF THE CITY OF WICHITA FALLS.
WHEREAS, the City of Wichita Falls has chosen to become a self-insured, self-
administered Workmen's Compensation carrier, the self-administered provision
becoming effective on September 1, 1976; and,
WHEREAS, it is necessary for the City to authorize an individual or individuals
to represent the City in negotiations with injured employees and their legal
representatives ; and,
WHEREAS, the City's representative in these negotiations must have authority to
make binding offers of settlement on behalf of the City in order to successfully
compromise and settle Workmen's Compensation claims ; and,
WHEREAS , Rule 11.042 of the Industrial Accident Board, effective December 30, 1974,
requires that "each representative must be qualified in Workmen's Compensation claims,
and each must have sufficient authority to effect settlement;" and,
WHEREAS, the City Attorney of Wichita Falls and his Assistant City Attorneys
are deemed to be the proper persons to serve in the capacity of representing the City
in negotiations concerning Workmen's Compensation claims.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
The City Attorney and the Assistant City Attorneys of Wichita Falls are
hereby expressly authorized to represent the City in all proceedings required under
the Workmen's Compensation laws of Texas and are further authorized to settle and
compromise Workmen's Compensation claims on behalf of the City of Wichita Falls ,
subject to the terms and conditions of the Workmen's Compensation Laws of Texas.
Moved by Alderman McAlister that Resolution No. 1887 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
269
Item 9a
Bids were considered on two civil defense sirens . It was recommended that the
11/
low bid be awarded to Bill Story Company, Oklahoma City, in the amount of $3,526.00.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 9b
Bids were considered on an annual supply of pre-mixed concrete and bulk cement v'
for all city departments. City Concrete Company submitted the low bids on both. It 1 1-
was recommended that the bid be awarded to City Concrete as follows:
Bulk Cement - $8.90 Bbl.
Ready Mix Concrete - 2000# Mix (4sk) $22.45 CY
2500# Mix (4 1/2sk) $23.60 CY
3000# Mix (5sk) $24.75 CY
3500# Mix (5 1/2sk) $25.90 CY
Additive-Quickset (CaC12) 1% $.50 CY
2% $1.00 CY
Moved by Alderman Gowan that the low bids be awarded as recommended.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 9c
Bids were considered on a multi-purpose grading machine for the Street Department.
It was recommended that the low-alternate bid be awarded to Hi-Way Machinery Company,
of Dallas, in the amount of $59,725.00. Their bid contained a $50.00 clerical error
in our favor, but they have indicated that they will honor the figure as stated on
their bid. Alderman Gowan inquired if it is evident by looking at the bid that it is
strictly a clerical error, and it was stated that it is.
Moved by Alderman Gowan that the bid be awarded to Hi-Way Machinery Company in
the amount of $59,775.00.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen Garcia, Gowan, and Ashbrook
Nays : Alderman McAlister
Item 9d
A proposed resolution was presented awarding bids for the demolition of
hazardous structures. A tie bid between Boyd Curtis and Carroll Davis was receivdd
on the lot at 307 Maple. This tie was resolved as prescribed by State law by the
casting of lots. Boyd Curtis was awarded the bid.
RESOLUTION NO. 1888
RESOLUTION AWARDING CONTRACTS TO BOYD CURTIS, A.L. PAYNE, DENVER HAWKINS,
R.M. MINNICK, CARROLL DAVIS , VERNON MCDANIEL AND TIMMINS-ANDERSON
CORPORATION FOR DEMOLITION OF HAZARDOUS STRUCTURES AND THE CLEARING AND
CLEANING OF LOTS
WHEREAS, the City of Wichita Falls has advertised for bids for the demolition
of certain hazardous structures and the clearing and cleaning of lots at various
locations in the City; and,
WHEREAS, eight bids were received ; the bid of Boyd Curtis was low on 9 of 37
lots; the bid of Carroll Davis was low on 3 of 37 lots; the bid of A.L. Payne was low
on 1 of 37 lots; the bid of Denver Hawkins was low on 21 of 37 lots; the bid of
R.M. Minnick was low on 1 of 37 lots ; the bid of Vernon McDaniel was low on 1 of
37 lots and the bid of Timmins and Anderson was low on 1 of 37 lots ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
270
Item 9d, cont'd.
Said bids of Boyd Curtis in the amount of $2626.00 for 9 of 37 lots; of Carroll
Davis in the amount of $661 .00 for 3 of 37 lots; of A. L. Payne who bid Salvage Only
on 1 of 37 lots ; of Denver Hawkins who bid $6,261.25 for 21 of 37 lots; of R. M.
Minnick who bid Salvage Only on 1 of 37 lots; of Vernon McDaniel who bid Salvage
Only on 1 of 37 lots and of Timmins and Anderson who bid $295.00 on 1 of 37 lots,
are hereby accepted, and the City Manager is authorized to execute for the City of
Wichita Falls contracts with the above for the demolition of such hazardous buildings
and the clearing and cleaning of such lots.
Moved by Alderman McAlister that Resolution No. 1888 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
Item 10a
V A proposed resolution was presented approving final estimate and Change Order
No. 1 for 1975 Reconstruction Program.
RESOLUTION NO. 1889
RESOLUTION APPROVING CHANGE ORDER NO. 1, ESTIMATE NO. 4 AND FINAL,
AND ACCEPTING CONSTRUCTION OF CONCRETE CURB AND GUTTER AND DRAINAGE
STRUCTURES FOR THE 1975 RECONSTRUCTION PROGRAM
WHEREAS, the City of Wichita Falls and Timmins-Anderson Corporation entered
into a contract dated August 22, 1975, wherein said contractor agreed to construct
the Concrete Curb and Gutter and Drainage Structures for the 1975 Reconstruction
Program, and
WHEREAS, said construction has been completed in accordance with the plans and
specifications and as determined by the City Engineer, and
WHEREAS, the contract price for such construction was $18,850.00; one change
order was made, making the total amount due on said contract $31,046.79 as shown by
Estimate No. 4 and Final. Of the total amount due on the contract, $27,942.11 has
been paid, leaving a balance due the contractor of $3,104.68.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS :
The construction of the Concrete Curb and Gutter and Drainage Structures for
the 1975 Reconstruction Program is accepted by the City of Wichita Falls, Change
Order No. 1 and Estimate No. 4 and Final are approved, and the City Manager is
directed to pay the said contractor the amount due as shown on such estimate.
Moved by Alderman Gowan that Resolution No. 1889 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and Ashbrook
Nays : None
v Item lla
Moved by Alderman Ashbrook that authority be granted to advertise for bids for
s 115 tons fertilizer for Parks Department.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 12
Moved by Alderman Ashbrook that minutes of the meetings of the following boards
and commissions be received.
a. Mayor's Commission on Status of Women - November 4, 1976
b. Citizens Traffic Safety Council - November 3, 1976
c. Board of Electrical Examiners - November 9, 1976
d. Planning Board - November 10, 1976
e. Park Board - November 16, 1976
Motion seconded by Alderman Gowan, and carried unanimously.
271
Item 13a
Alderman McAlister inquired concerning any possible damage to fences by the
equipment used for the new trash containers. Ernest Lillard explained that if any
adjustment is required it will be with the property owner.
Alderman McAlister inquired concerning guidelines for control of display of
obscene material in news -stands. The City Manager stated that only one response was
received, and that the policy will probably be in resolution form.
met
Alderman McAlister inquired into the possibility of placing a number of proposals
of general interest on the ballot at the next election in order to gain public
v opinion on matters of public interest. It was pointed out that it could be done
as a straw vote, but that the Council might feel it too binding on them.
Alderman McAlister again mentioned the matter of restriction of access to Kell
Freeway on the north frontage roads. Ed Ilschner stated that if the City can
document a problem after the City approves the project, then he believes the State
will go along with it.
Alderman Gowan requested that the report of the Charter Revision Committee
be placed on the agenda at the next meeting.
Alderman Gowan also commented on a possible straw vote, stating that the
matter of smoke detectors in homes might be of public interest.
Alderman Gowan noted that he has not seen a tennis court fee. The City Manager /
stated that it is usually included in the entry fee, but that they would get some
information on it.
Mayor Boyd mentioned the possibility of a zone for the sale and display of
obscene material. The City Attorney stated that the Planning Department is still
working on it. He also noted that Lone Star Gas Company has appealed the Council's
action to the Railroad Commission.
Mayor Boyd welcomed Mrs. Fox, the mother of City Manager Gerald Fox.
The Board of Aldermen adjourned at 3:00 P.M.
PASSED AND APPROVED this ', / day ofj.: 44 21- (ir ,) 1976.
G-0/4:
37,1„V
MAYOR
ATTEST:
t 2 .` - •
CITY CLERK
IOW
r i , r r F
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA X
This agreement made and entered into this the
day of 1976 , by and between the City of
Wichita Falls , Texas, a municipal corporation, hereinafter
called "City" , acting herein by and through its City
Manager, and Johnny Simmons, hereinafter called "Tennis Pro" ,
WITNESSETH:
For and in consideration of the mutual covenants
hereinafter contained, the parties hereto do hereby
agree as follows :
I.
City does hereby employ Johnny Simmons as the tennis
professional at the Hamilton Park Tennis Center and the
Weeks Park Tennis Center. The City does hereby lease
to him the tennis pro shop located at the Hamilton Park
Tennis Center, for a period of one year, commencing
November 1, 1976 , and thereafter on a month to month basis.
II .
The Tennis Pro shall be considered a contract employee
of the City and his salary shall be $600. 00 per month.
It is expressly agreed and understood by Tennis Pro and
City that Tennis Pro is an independent contractor and
shall not be eligible for any fringe benefits to which
regular City employees are entitled.
III.
The Tennis Pro shall be in charge of and responsible
for the operation of both Hamilton Park Tennis Center
and the Weeks Park Tennis Center with his primary res-
ponsibility being in the operation of the Hamilton Park
Tennis Center. He shall perform all duties and respon-
sibilities as are required of him by the laws of the State
of Texas, the ordinances of City, the current Tennis
Policies of the Parks and Recreation Department of City,
and the directions of the Recreation Superintendent of the
Parks and Recreation Department of City.
IV.
The Tennis Pro shall collect for City all daily court
fees , annual permit fees, and tournament fees for play
at the Hamilton Park Tennis Center. All daily court fees,
annual permit fees, and tournament fees shall be kept in a
cash register provided therefor. He shall keep an
accurate account of all daily court fees, annual permit
fees, and tournament fees collected, and shall deposit
the same with the Parks and Recreation Department at its
office in the Memorial Auditorium Building on Mondays and
Fridays of each week without exception.
V.
The Tennis Pro shall have the right to give tennis
lessons at either the Hamilton Park Tennis Center or the
Weeks Park Tennis Center and City shall receive 5% of
the lesson fee plus a court fee from the person taking
the lesson. No one other than the Assistant Tennis Pro
shall be permitted to give lessons at either Center.
Only two courts at a time shall be utilized for the pur-
pose of giving tennis lessons.
VI.
The Tennis Pro shall also account to City for the
revenues which he receives from the sale of merchandise,
for racquet stringing and concessions sold through his
pro shop located at Hamilton Park Tennis Center. City
shall receive 5% of the revenues from the sale of merchandise,
racquet stringing and concessions sold by the Tennis Pro
through the pro shop at Hamilton Park Tennis Center.
VII.
The Tennis Pro shall keep accurate and correct books
on the operation of his business and such books shall be
open for inspection by City or any person designated by it.
2 -
VIII.
Tennis Pro shall take good care of the personal pro-
perty and real property hereby leased to him and he
will deliver the property back to the City at the expira-
tion or the termination of this lease in the same condi-
tion as same was received, natural wear and tear excepted.
IX.
The Tennis Pro shall make no alterations in the building
hereby leased without the written consent of the Director of
Parks and Recreation of City.
X.
It is understood and agreed that the City Manager
of City may at any time cancel this contract after giving
60 days notice in writing of cancellation because of
violations of laws, ordinances, or rules, regulations
or directions concerning the operation of the Tennis
Centers at Hamilton Park and at Weeks Park, or the agree-
ments constituting the lease of the tennis pro shop at
the Hamilton Park Tennis Center; in the event of such
cancellation, City shall have the right, without further
notice or demand, to re-enter and take possession of all
the property herein leased and remove all persons
therefrom without being liable for any claim for damages by
reason of such cancellation and resumption of possession.
In the event said contract is so cancelled during the one
year primary term hereof, City shall guarantee the sale
of, or at its option may purchase from the Tennis Pro,
any usable equipment and merchandise that he might have
and use in his operation under this contract (except for
tennis equipment) which he shows has been fully paid for by
him at the cost price of same, less depreciation.
3 -
XI .
Tennis Pro shall hold City harmless from any damages
or injury to persons or property caused by or arising
out of the Tennis Pro' s operation of the Hamilton Park
Tennis Center. Tennis Pro further agrees to provide City
with a certificate of insurance attesting to the owner-
ship of a general liability insurance policy, with
City named as an additional insured, protecting Tennis
Pro and City from legal liability claims which might
arise out of the Tennis Pro' s operation of this concession,
to include bodily injury liability insurance in the amount
of not less than one hundred thousand ($100, 000 . 00) dollars
per person and three hundred thousand ($300, 000. 00) dollars
per occurrence and property damage liability insurance
in the amount of not less than fifty thousand ($50 , 000. 00)
dollars per occurrence. Fire and theft coverage for
property belonging to Tennis Pro shall be the sole
responsibility of Tennis Pro.
XII .
Tennis Pro shall provide adult supervision at Hamilton
Park Tennis Center during all open hours.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be signed as of the day and year first
written above.
CITY OF WICHITA FALLS, TEXAS
BY:
ATTEST : Gerald G. Fox, City Manager
City Clerk
Approved as to form: Johnny Simmons, Tennis Pro
City Attorney
4 -
Wichita County
M A024(1 )
M 9023(2)
M 9023(4)
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this day of 1976,
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,
acting by and through its duly authorized officers under a resolution passed
the day of 1976, hereinafter called the
City", Party of the Second Part.
WITNESSETH
WHEREAS, the State and the City wish to cooperate as evidenced in Minute
Order 69334 dated October 1 , 1974, and Minute Order 70260 dated August 1 , 1975,
in the modernization of Midwestern Parkway from McNiel Avenue to Maplewood
Avenue, a distance of 1 .104 miles. The improvements will include improving
the signalization and channelization at the, intersection of Midwestern Parkway
and Kemp Boulevard and the intersection of Midwestern Parkway and Maplewood
Avenue, as well as the reconstruction of the existing roadway from McNiel
Avenue to Kemp Boulevard and the construction of additional lanes and median
from Kemp Boulevard to Maplewood Avenue.
1 - 9
WHEREAS, the proposed work is to be accomplished as an urban project
being part of the Federal-Aid Urban System as set forth in the 1973 Federal-
Aid Highway Act. The project shall be constructed in accordance with "Exhibit
A" , Plans and Specifications, attached hereto and made a part thereof.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively
kept and performed, as hereinafter set forth, it is agreed as follows:
PROJECT AUTHORIZATION. It is understood and agreed between the parties
hereto that the City by virtue of the provisions of its charter and the laws
of the State of Texas has primary responsibility for control over all streets
and public ways within the incorporated limits of such city, unless otherwise
modified by law or agreement, and that the City has requested and consented
to the construction of the project, and the State in construction of such
project does so at the special instance and request of the City. The City,
in consideration of the mutual covenants herein contained, does hereby agree
to and does hereby authorize the State to install signalization and modernize
the roadway in the agreed on manner shown on the construction plans. It is
mutually agreed that as the project is developed to the construction stage,
both parties shall have approved plans by signature approval thereon.
2 - 9
CONSTRUCTION RESPONSIBILITIES.
The City will :
1 ) Provide for the adjusting of all utilities as may be required.
2) Maintain and operate the traffic signal installation at the inter-
section of Midwestern Parkway and Kemp Boulevard and at the inter-
section of Midwestern Parkway and Maplewood Avenue, and the City
will maintain and operate all the facilities constructed on
Midwestern Parkway from McNiel Avenue to Maplewood Avenue, and the
City will be responsible for all costs incident thereto.
3) Regulate traffic, prevent encroachment on the right of way and
prohibit all parking as provided in the Texas MUTCD.
4) Adopt and enforce such ordinances and regulations as may be necessary
for proper operation of the complete project.
The State will :
1 ) Prepare construction plans and specifications.
2) Provide for the modernization and/or installation of the requested
traffic signals.
3) Provide for the roadway improvements and
4) Be responsible for the construction of pavement and its support,
which includes grading, surface, and curb, and provide for the
installation of underground and ground contact items of the traffic
signals including conduit, pull *boxes, traffic signal controller
foundation and signal pole foundations, all in accordance with the
plans and specifications. All the remaining construction activities
connected with the modernization and/or installation of the traffic
signals will be done by the City. The State will pay to the City
3 - D
the cost of said construction on a "Force Account" basis, the specifics
to be stated under Special Conditions.
SPECIAL CONDITIONS. The State will reimburse the City for the cost of
construction of specific traffic signals at the intersections as shown, listed in,
and as to location and manner of construction, as shown therein, and described
in the plans and specifications, "Exhibit A", under a "Force Account" basis.
Under said "Force Account", payment to the City will be made as follows:
1 . The State will reimburse the City for properly supported costs of materials
only incurred in the adjustment of their facilities under the terms and
conditions of this agreement. Labor and equipment rental expenses will
be furnished by the City free of cost to the project. Cost incurred
prior to the issuance of a written "Work Order" by the State will not be
reimbursed. Reimbursement will be made by the State to the City for •
materials and traffic signal equipment provided the City has paid from
City funds their obligations covering items of costs billed. The City
will install all signal equipment and materials for the complete signal
control systems as required by the plans at no cost to the project.
The State will pay to the City as follows:
a. Periodic Partial Payments: If the City so elects, the
State will make payments monthly as partial payments which
must include properly prepared and executed Form 132 and a
billing summarizing costs by each classification of costs
4 - 9
showing description, quantity, unit price, extensions and
total .
b. Final Billing: Upon completion of the project and final
acceptance of the project by the State, if the City so
elects, the State will make one payment when all work is
completed and the City has submitted a final and complete
billing of all costs. This billing must include properly
prepared and executed Form 132 and a final bill summarized
by each classification of costs showing description,
quantity, unit price with extensions and total .
Unsupported charges or charges after final acceptance by the State will
not be considered eligible for reimbursement. Prior to final payment
an audit of the records supporting the costs claimed will be made.
These records must be made available to authorized representatives of
the State and other agencies involved in the funding of this project
during the normal workday. All records relating to this project must
be maintained by the City for 3 years after receipt of final payment
from the State as required by Volume 1 , Chapter 6, Section 2 of the
Federal Aid Highway Program Manual .
2. The City will purchase all major items of equipment and materials,
such as traffic signal controllers, traffic signal poles, traffic
signal heads, vehicle detectors, conduits, multiple conductor cable
and single conductor wire, and any other items of equipment necessary
for the proper installation of the signal systems, on competitive bids
5 - 9
from at least two competent and reputable suppliers. On other items
of equipment and material , normally carried in stock by the City, the
use of City stock items will be satisfactory and the State will
reimburse the City for the cost of such items, provided (1 ) these items
were purchased on competitive bids obtained from at least two competent
and reputable suppliers, (2) the cost of such stock items, as evidenced
by paid invoices, is less than the cost of similar items which would
normally be bought at the present time on competitive bids, and (3)
provided the State shall have given prior approval to the use of these
items. All equipment and materials used for the work shall be new and
undepreciated items purchased at the low bid price submitted by approved
bidders for the equipment or materials involved.
3. The State shall make suitable, frequent, and complete inspections of
all materials, equipment, and the work of installation to determine
and permit certification that the project and its components meet
all applicable requirements of the plans and specifications for the
purpose of constituting a complete traffic signal control system,
in suitable condition for operation and maintenance by the City after
its completion. The State and the City will cooperate to provide for
inspections as required by agencies of the United States Government
in administering the provision of the Federal-Aid Highway Act of 1968
regulations applicable to this Act or subsequent Acts.
6 - 9
4. The City will provide opportunities, facilities, and representative
samples to enable the State to carry on suitable, frequent and complete
inspection of all materials, equipment and installation methods,
sufficient to afford determination and certification by the State
that all parts of the installations and the component materials and
equipment comply with the requirements of the approved plans and
specifications. The State will promptly notify the City of any
failure of materials, equipment or installation methods to meet the
provisions of plans and specifications, and the City will take such
measures as necessary to obtain acceptable systems, components and
installation procedures without delay.
5. All equipment and materials salvaged from existing signal and control
installations at the locations shown in "Exhibit A" shall be removed
by the City from their present locations and shall become the property
of the City.
6. The City will return any and all parts of the equipment and materials
in the system covered by this agreement to the State should they be
removed by the City for any reason other than for installation on a
State or Federal numbered highway route at a location approved by the
State.
7. The City will comply with the Special Provision "Specific Equal
Employment Opportunity Responsibilities" (000---1968) and Required
Contract Provisions, Federal-Aid Construction Contracts (Form PR-1273,
September, 1975) included in the specifications for the project.
7 - 9
8. The City will pass and enforce any ordinances and regulations necessary
to prohibit parking and to provide for traffic operations in
accordance with proper and effective utilization of the traffic
signal and control system.
9. The City will maintain its existing traffic engineering department
which is capable of operating, and maintaining the improvements
covered by this agreement in a manner satisfactory to the State.
10. It is mutually agreed that both parties hereto shall be bound to the
provisions of Title 49, Code of Federal Regulations, Part 21 , which
was promulgated to effectuate Title VI of the Civil Rights Act of
1964.
In the event the terms of this Agreement are in conflict with the provisions of
any other existing Agreement and/or Contracts between the City and the State,
this Agreement shall take precedence over the existing Agreements and/or
Contracts.
8 - 9
c
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
ATTEST:CITY OF WICHITA FALLS
By
City Clerk City Manager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work pro-
grams heretofore approved and author-
ized by the State Highway and Public
Transportation Commission:
APPROVED AS TO FORM: . By
Engineer-Director
Executed and approved for State Highway
and Public Transportation Commission
under authority of Commission Minute
City Attorney Order No. 70104, dated June 20, 1975.
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
Director, Finance
9 - 9
Wichita County
M 9023(2)
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this fourth day of January 1977,
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,
acting by and through its duly authorized officers under a resolution passed
the twenty-third day of November 1976, hereinafter called
the "City", Party of the Second Part.
WITNESSETH
WHEREAS, the State and the City wish to cooperate, as evidenced in Minute
Orders 69330, 69331 , and 69332, dated October 1 , 1974, and Minute Order 70260
dated August 1 , 1975, in the modernization of signalization at the intersections of:
Midwestern Parkway and Hampstead Lane
Kemp Boulevard and Maplewood Avenue
Kell Boulevard and Taft Boulevard
Kell Boulevard and Harrison Street
Kell Boulevard and Brook Avenue
Southwest Parkway (FM 369) and Maplewood Avenue
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WHEREAS, the proposed work is to be accomplished as an urban project
being part of the Federal-Aid Urban System as set forth in the 1973 Federal -
Aid Highway Act. The project shall be constructed in accordance with "Exhibit
A", Plans and Specifications, attached hereto and made a part thereof.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectivelykeptandperformed, as hereinafter set forth, it is agreed as follows:
PROJECT ARTHORIZATION. It is understood and agreed between the parties
hereto that the City by virtue of the provisions of its charter and the laws
of the State of Texas has primary responsibility for control over all streets
and public ways within the incorporated limits of such city, unless otherwise
modified by law or agreement, and that the City has requested and consented
to the construction of the project, and the State in construction of such
project does so at the special instance and request of the City. The City,in consideration of the mutual covenants herein contained, does hereby agree
to and does hereby authorize the State to install traffic signalization in
the agreed on manner shown on the construction plans. It is mutually agreedthatastheprojectisdevelopedtotheconstructionstage, both parties
shall have approved plans by signature approval thereon.
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CONSTRUCTION RESPONSIBILITIES.
The City will :
1 ) Provide for the adjusting of all utilities as may be required.
2) Operate and maintain the completed project, and will be responsible
for all costs incident thereto.
3) Regulate traffic, prevent encroachment on the right of way and
prohibit all parking as provided in the Texas MUTCD.
4) Adopt and enforce such ordinances and regulations as may be necessary
for proper operation of the complete project.
The State will :
1 ) Prepare construction plans and specifications .
2) Provide for the modernization and/or installation of the requested
traffic signals.
3) Be responsible for the installation of conduit, pull boxes, traffic
signal controller foundation and signal pole foundations , all in
accordance with the plans and specifications. All the remaining
construction activities connected with the modernization and/or
installation of the traffic signals will be done by the City. The
State will pay to the City the cost of said construction on a
Force Account" basis , the specifics to be stated under Special
Conditions.
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SPECIAL CONDITIONS. The State will reimburse the City for the cost
of construction of specific traffic signals at the intersections as shown
and described in the plans and specifications, "Exhibit A" , under a
Force Account" basis. Under said "Force Account" , payment to the City will
be made as follows :
1 . The State will reimburse the City for properly supported costs of
materials only incurred in the adjustment of their facilities under
the terms and conditions of this agreement. Labor and equipment
rental expenses will be furnished by the City free of cost to the
project. Costs incurred prior to the issuance of a written "Work
Order" by the State will not be reimbursed. Reimbursement will be
made by the State to the City for materials and traffic signal
equipment provided the City has paid from City funds their obligations
covering items of costs billed. The City will install all signal
equipment and materials for the complete signal control systems as
required by the plans at no cost to the project.
The State will pay to the City as follows :
a. Periodic Partial Payments : If the City so elects , the
State will make payment monthly as partial payments which
must include properly prepared and executed Form 132 and a
billing summarizing costs by each classification of costs
showing description, quantity, unit price, extensions and
total .
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b. Final Billing: Upon completion of the project and final
acceptance of the project by the State, if the City so
elects, the State will make one payment when all work is
completed and the City has submitted a final and complete
killing of all costs. This billing must include properly
prepared and excuted Form 132 and a final bill summarized
by each classification of costs showing description,
quantity, unit price with extensions and total .
Unsupported charges or charges after final acceptance by the State
will not be considered eligible for reimbursement. Prior to final
payment an audit of the records supporting the costs claimed will
be made. These records must be made available to authorized repre-
sentatives of the State and other agencies involved in the funding
of this project during the normal workday. All records relating to
this project must be maintained by the City for 3 years after receipt
of final payment from the State as required by Volume 1 , Chapter 6,
Section 2 of the Federal -Aid Highway Program Manual .
2. The City will purchase all major items of equipment and material ,
such as traffic signal controllers , traffic signal poles , traffic
signal heads , vehicle detectors , conduits , multiple conductor cable
and single conductor wire, and any other items of equipment necessary
for the proper installation of the signal systems , on competitive bids
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7;////
from at least two competent and reputable suppliers. On other items
of equipment and material , normally carried in stock by the City, the
use of City stock items will be satisfactory and the State will
reimburse the City for the cost of such items , provided (1 ) these
items were purchased on competitive bids obtained from at least two
competent and reputable suppliers , (2) the cost of such stock items ,
as evidenced by paid invoices , is less than the cost of similar items
which would normally be bought at the present time on competition
bids, and (3) provided the State shall have given prior approval to
the use of these items. All equipment and materials used for the
work shall be new and undepreciated items purchased at the low bid
price submitted by approved bidders for the equipment or materials
involved.
3. The State shall make suitable, frequent, and complete inspections of
all materials, equipment, and the work of installation to determine
and permit certification that the project and its components meet
all applicable requirements of the plans and specifications for the
purpose of constituting a complete traffic signal control system,
in suitable condition for operation and maintenance by the City after
its completion. The State and the City will cooperate to provide for
inspections as required by agencies of the United States Government
in administering the previsions of the Federal -Aid Highway Act of 1968
regulations applicable to this Act or subsequent Acts.
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4. The City will provide opportunities, facilities , and representative
samples to enable the State to carry on suitable, frequent and complete
inspection of all materials , equipment and installation methods ,
sufficient to afford determination and certification by the State
that all parts of the installations and the component materials and
equipment comply with the requirements of the approved plans and
specifications. The State will promptly notify the City of any
failure of materials, equipment or installation methods to meet the
provisions of plans and specifications , and the City will take such
measures as necessary to obtain acceptable systems , components and
installation procedures without delay.
5. All equipment and materials salvaged from existing signal and control
installations at the locations shown in "Exhibit A" shall be removed
by the City from their present locations and shall become the property
of the City.
6. The City will return any and all parts of the equipment and materials
in the system covered by this agreement to the State should they be
removed by the City for any reason other than for installation on a
State or Federal numbered highway route at a location approved by the
State.
7. The City will comply with the Special Provision "Specific Equal
Employment Opportunity Responsibilities" (000---1963) and Required
Contract Provisions , Federal-Aid Construction Contracts (Form PR-1273,
September, 1975) included in the specifications for the project.
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8. The City will pass and enforce any ordinances and regulations necessary
to prohibit parking and to provide for traffic operations in accordance
with proper and effective utilization of the traffic signal and control
system.
9. The City will maintain its existing traffic engineering department
which is capable of operating, and maintaining the improvements
covered by this agreement in a manner satisfactory to the State.
10. It is mutually agreed that both parties hereto shall be bound to the
provisions of Title 49, Code of Federal Regulations, Part 21 , which
was promulgated to effectuate Title VI of the Civil Rights Act of 1964.
In the event the terms of this Agreement are in conflict with the provisions of
any other existing Agreement and/or Contracts between the City and the State,
this Agreement shall take precedence over the existing Agreements and/or
Contracts.
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
ATTEST:CITY OF WICHITA FALLS
By I/
4
City Clerk City ,ur:na 9 er
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders ,
established policies , or work pro-
grams heretofore approved and author-
ized by the State Highway and Public
Transportation Commission:
APPROVED AS TO FORM: g
ngineer-Director
Executed and approved for State Highway
77 ,,/ and Public Transportation Commission
under authority of Commission Minute
City Attorney Order No. 70104, dated June 20, 1975.
RECOMMENDED FOR APPROVAL :
A_Toge
District Engineer
r;
7&: Ze.-1-4,.,‘ •
Chief Engineer of Highway Design
ie ' • gi -•r of Main -nance Operations
wif
D rector, Finance
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