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Min 02/01/1977306 Wichita Falls, Texas Memorial Auditorium Building February 1, 1977 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 X Bill E. Gowan Aldermen Ray Ashbrook W. E. Ryle Gerald Fox City Manager H. P. Hedge, Jr. City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk Jerry Mathis Absent The invocation was given by Byron Myrick, St. Mark's United Methodist Church. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held January 18, 1977, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Item 4a The public hearing was opened on hazardous structures. No one desired to be heard. ORDINANCE NO. 3159 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Garcia that Ordinance No. 3159 be passed. Motion seconded by Alderman Ashbrook and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None Item 5a Mayor Boyd presented plaques of appreciation to retiring members of various boards who have served as chairmen, as follows: Donald E. Short - Aviation Advisory Board Kenneth Bebb, M.D. - Board of Health James Williams - Traffic Commission Robert H. Jones - Park Board (unable to be present) Certificates will be sent to various other board members Item 7a A proposed ordinance was presented amending the animal control ordinance. Mark Wilson, Safety-Defense Coordinator, presented the three proposed changes, as follows. 307 Item 7a, cont'd. 1) Wild animals are defined 2) Requirement that a rabies tag be worn 3) Refusal of a property owner to place the animal in quarantine would be unlawful. ARDINANCE NO. 3160 ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CONCERNING ANIMALS AND FOWL, BY AMENDING SECTION 5-1 TO REDEFINE "WILD ANIMAL", AMENDING SECTION 5-16 TO MAKE IT UNLAWFUL FOR AN OWNER TO REFUSE TO PLACE A BITING OR SCRATCHING ANIMAL IN QUARANTINE, AND AMENDING SECTION 5-53 TO REQUIRE A DOG WHICH HAS BEEN VACCINATED TO WEAR VALID TAGS, AND DECLARING AN EMERGENCY. Moved by Alderman Ashbrook that Ordinance No. 3160 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None Item 5b Bill Hursh, Director of Parks and Recreation, presented a briefing on the parks, recreation, golf, and cemetery divisions. j Item 8a A proposed resolution was presented approving appraisals on Kell Freeway. Alderman Gowan commented on the difference in tax evaluation and appraised value of one of the properties. The City Manager explained that this property is located in an area due for reappraisals this year. VRESOLTUION NO. 1914 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-380 Warranty Deed Lot 4, Block 5, I. Jalonick Addition Lot 3, Block 6, I. Jalonick Addition 3,401 s.f. of Lot 11, Blk. 20 I. Jalonick Addition Lot 9, Blk. 16, I. Jalonick Addition Lot 1 & North 20 feet of Lot 2, Block 5, I. Jalonick Addition Combined total of values approved in this resolution 81,190.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts is State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. 308 Item 8a, cont'd. Section No 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Garcia that Resolution No. 1914 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None Item 8b Discussion was held on contracts with Doctors Bebb and Cox for furnishing medical direction and consultation services for the health department. Tom Edmondson, Acting Director of the Health Unit, stated that they have agreed to provide this service until a new health director can be found. They are presently providing this service without being paid. RESOLUTION NO. 1915 RESOLUTION APPROVING CONTRACTS BETWEEN WICHITA FALLS CITY-WICHITA COUNTY BOARD OF HEALTH AND KENNETH C. BEBB, M.D. AND E. AUBREY COX, M.D. FOR MEDICAL DIRECTION AND CONSULTATION SERVICES. WHEREAS, Dr. Charles M. Parker has retired as Director of the Wichita Falls City-Wichita County Health Unit, and the vacancy in this position has not yet been filled; and, WHEREAS, it is necessary to have medical direction and consultation services of a physician in the operation of such Health Unit, and Dr. Kenneth C. Bebb and Dr. E. Aubrey Cox have agreed to furnish such services on a temporary basis. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those certain two contracts, copies of which are attached hereto, between the Wichita Falls City-Wichita County Board of Health and Kenneth C. Bebb, M.D. and E. Aubrey Cox, M.D. are hereby approved, and the City Manager is authorized to execute this approval on such contracts. Moved by Alderman McAlister that Resolution No. 1915 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None Mayor Boyd recognized a social studies class, from McNeil Junior High, with their teacher; Beverly Wilson. Item 8c Discussion was held on renewal of the hospital note with First Wichita National Bank. City Attorney H.P. Hodge, Jr. gave a history of the purchase of this property for medical purposes. He recommended that the Council give public notice that an agreement will be considered on March 1, 1977. RESOLUTION NO. 1916 RESOLUTION GIVING PUBLIC NOTICE THAT THE BOARD OF ALDERMEN WILL CONSIDER A RESOLUTION AUTHORIZING A CONTINUING CONTRACT WITH THE FIRST-WICHITA NATIONAL BANK CONCERNING RENEWAL OF PROMISSORY NOTE OF WICHITA COUNTY- CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD. WHEREAS, the City of Wichita Falls sold to Wichita County-City of Wichita Falls, Texas, Hospital Board all of Block 257 of the original town of Wichita Falls, save and except Lot 1 of the replat of Lots 1 through 6 of such Block 257 for a price of Four Hundred Thousand ($400,000.00) Dollars, for which such Hospital Board executed a promissory note in that amount payable to the order of the City of Wichita Falls, that was secured by a vendor's lien and a deed of trust; and 309 Item 8c, cont'd. WHEREAS, the City of Wichita Falls sold such note, together with the vendor's lien and deed of trust, to The First-Wichita National Bank of Wichita Falls. The contract between the City and such Bank provided that the assignment of the note is with recourse; that is, the City shall remain secondarily liable on the note, and shall indemnify such Bank from any loss on the note. WHEREAS, the installment due on such note on December 30, 1976 is $265,510.87, and the Wichita County-City of Wichita Falls, Texas, Hospital Board has requested that the Bank renew and extend the unpaid balance of such note into a new note in such principal sum and payable in 18 equal semi-annual installments in a sum sufficient to amortize such note, the first such installment to be due and payable June 30, 1977, and the Bank is willing to accept the renewal note upon the condition that the City shall remain secondarily liable on the renewal note and shall indemnify such Bank from any loss on the renewal note. WHEREAS, to secure payment of the renewal note the Wichita County-City of Wichita Falls, Texas, Hospital Board shall encumber the above described land by deed of trust lien agreement in favor of the holder of the renewal note. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: In accordance with Section 103 of the Charter of the City of Wichita Falls, public notice is hereby given that, at the meeting of the Board of Aldermen on March 1, 1977, the Board of Aldermen will consider the adoption of a resolution authorizing such continuing contract with The First-Wichita National Bank of Wichita Falls and approval of the encumbrance of the above described land to secure payment of the renewal note. Moved by Alderman Ryle that Resolution No. 1916 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None U Item 8d A proposed resolution was presented authorizing the City Manager to execute 1_ a golf professional contract with Joe Collins. The City Manager explained that Frank Stagner retired on January 31, and he recommended Mr. Collins to replace him. He also introduced Mr. and Mrs. Collins. vRESOLUTION NO. 1917 RESOLUTION APPROVING GOLF PROFESSIONAL CONTRACT WITH JOE COLLINS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Joe Collins, whereby the City employs Joe Collins as golf professional at the Weeks Park Golf Course for a period of three years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1917 be passed. Motion seconded by Alderman Ryle. Alderman Gowan suggested that a policy be drawn to outline the duties of the golf pro, and indicate what he is in charge of. This will eliminate confusion as to whom to contact for a particular service. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle Nays: None Item 9a Bids were considered on an equipment trailer for Construction and Maintenance Department. It was recommended that the low bid be awarded to Darr Equipment, 310 Item 9a, cont'd. Wichita Falls, in the amount of $7,735.00. Alderman McAlister stated that he understood that Hobbs Trailer bid an alternate which would be better than the specifications called for. Ernest Lillard, Director of Public Works, explained that this trailer had a narrow neck, and did not have load ramps on it, and that it would not handle a grader. Moved by Alderman Ryle that the bid be awarded, as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9b V Bids were considered on 115 tons of fertilizer for Parks and Recreation. It was recommended that the low bid be awarded to Goldthwaites of Texas, Ft. Worth, in the amount of $14,375.00. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Gowan, and carried unanimously. Item 10a A proposed resolution was presented approving Change Order No. One on the 1976 Community Development Assessment Paving Program. Ernest Lillard, Director of Public Works, explained that some changes in drainage requirements and adjustments to Williams Park constituted the increased amount. RESOLUTION NO. 1918 RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH ZACK BURKETT COMPANY CONCERNING THE 1976 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1, a copy of which is attached hereto, between the City of Wichita Falls and Zack Burkett Company, amending the contract dated September 17, 1976 for construction of the 1976 Community Development Assessment Paving Program to provide for construction of streets and parking lots in Williams Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1918 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle Nays: None Item lla-c Moved by Alderman McAlister that authority be granted to advertise for bids for the following items. a. Playground equipment for Parks & Recreation b. Two 72-inch mowers for Parks & Recreation c. One 3-reel grass mower for Golf Motion seconded by Alderman Gowan, and carried unanimously. Item lld Moved by Alderman Ryle that authority be granted to advertise for bids on bus stop bench advertising contract. Motion seconded by Alderman McAlister and carried unanimously. 311 Item 12 j Moved by Alderman Ashbrook that minutes of the meetings of the following boards and commissions be received. a. Planning Board - January 12, 1977 b. Mayor's Commission on Status of Women - January 13, 1977 Motion seconded by Alderman Ryle. Alderman McAlister discussed the status of park land in Sikes Estates, stating that he is vigorously opposed to the decision made by the Planning Board on this matter. City Attorney H. P. Hodge, Jr. summarized the park land policy. He explained that one option would be to work out an agreement with the present owner of Sikes land, or ask Mr. Best to set aside enough property in Section F which we could buy to satisfy the need in that section. Alderman McAlister feels that this matter has been mishandled from the beginning, and that the action of the Planning Board was just another extension of the mishandling process. Mayor Boyd suggested that the City Attorney review this matter for them so they could decide if they wanted the developers to give them some land for parks. The City Manager stated that he feels this is the reason for a preliminary plat so that park land is specified in the beginning and if the land is later sold the owner knows he is purchasing property on which a park has been dedicated. Steve Ondrejas, Director of Planning, presented the procedure which is presently used. The City Manager stated that they can give the Council a report on present procedures. The motion to receive the minutes was carried unanimously. Item 13a City Attorney H. P. Hodge requested authorization to employ outside legal counsel to handle the Lone Star Gas Company case and the federal equal employment case, with assistance from him. This assistance is requested due to the complexity of each case. Moved by Alderman Ryle that this assistance be authorized. Motion seconded by Alderman Ashbrook, and carried unanimously. Discussion was held on the possibility of securing a local firm for advice and counsel in cases when needed. It was the consensus that it should be left on a per case basis because law firms specialize in various areas. Item 13b Moved by Alderman Ryle that the following appointments to the Airport Advisory Board be approved, with terms to expire December 31, 1979. a. Richard Wearth (reappointed) b. W.M. Heffington (reappointed) c. Tom Bacus (appointed) Motion seconded by Alderman Ashbrook, and carried unanimously. 9 Mrs. Rubie Newton appeared regarding placing a flag in Rosemont Cemetery in memory of men who have lost their lives in the service of their country. She stated that Mr. Rigby, former Director of Parks and Recreation, agreed to the idea, but stated there was no money. She explained the funding arrangements she has made for this flag pole. Thomas Fowler American Legion Post has donated the pole and Raby Hampton and John Tower have donated the flags. She has $225.00 cash, and requested the Council to furnish a plaque and a landscape which she, envisioned. It was pointed out to Mrs. Newton that one person did not have the right to say how the money would be spent, and that a meeting had been scheduled with all those persons originally involved to discuss how the remainder of the funds should be spent. Alderman McAlister inquired how much money has been spent on Kell Freeway, and it was noted that approximately $23,000,000 has been spent by the City and State combined. He then inquired why do we not have funds for signalization? Ed Ilschner, 312 Director of Traffic and Transportation, explained that the City does not have any control over the signalization, but we have assisted the Highway department in getting a temporary signal system. Until the Highway Department can obtain the funding we will have to go with what we have. Alderman McAlister noted the increasing frequency of the number of drivers who totally disregard the yellow caution light. Ed Ilschner stated that it is an enforcement problem. Alderman Ashbrook mentioned the pot holes in the streets due to bad weather. Ernest Lillard, Director of Public Works, stated that all their people are scheduled for street repair right now. Alderman Garcia thanked Mr. Hursh for his presentation on the Parks Department. He would like him to look into the possibility of building two fishing piers, one at Lake Wichita and one at Lake Arrowhead. A concession stand could be built and rented from which we could recover our costs. He desired a report back to the Council as soon as possible, which would include areas of funding requirements. The Board of Aldermen adjourned at 11:40 A.M. PASSED AND APPROVED this 144- day of ZC.2c.e .-z 1977. 1 1 MAYOR ATTEST: s7i—z.. t1, 7 E .. CITY CLERK r p2% C(._, / ? i. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:COUNTY OF WICHITA This agreement made and entered into this the day of 1977, by and between the Wichita Falls City-Wichita County Board of Health, hereinafter called Board, and E. Aubrey Cox, M. D. , hereinafter called M. D. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants here- in contained, Board and M. D. agree as follows: I. M. D. shall furnish medical direction and consultation services to Board for a period of one year commencing January 1, 1977 and ending December 31, 1977; provided, that this agree- ment may be cancelled at any time by either party upon thirty 30) days written notice . II . The Board shall pay a fee for these medical direction and consultant services at the rate of $250 .00 per month plus $25. 00 per hour or any fraction thereof, figured daily, for a maximum of thirty hours per month. Payment of the hourly fee for medical direction and consultant services shall be made upon receipt of invoices, each month, indi- cating the date that medical direction and consultant ser- vices were rendered, and the number of hours of medical le H direction and consultant services performed on each date. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written. Wichita Falls City-Wichita County Board of Health/- . Zi BY:7/ 7 D . dale, D.V.bt. , Chai man ATTEST: 7 e e_e j A _` / Ld 6. 6iii'4u-(2''' '''c 7 Xlie- 7-i E. Aubrey Cox, M. D. Approved by: City of Wichita Falls, Texas BY:f_1_A.-'*, -0`' Ger4 d G. Fox, 4ity kanager u ATTEST: City Clerk Wichita County, Texas BY: J44.--i a.,Ck Hank Anderson, County Judge ATTEST : County Clerk Approved as to form: J H. P. o ge I , City Attorney 4.4 -).! IfI Bob Estrada, County Attorney 2 - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA X This agreement made and entered into this the day of 1977 , by and between the Wichita Falls City-Wichita County Board of Health, hereinafter called Board and Kenneth C. Bebb, M.D. , hereinafter called M. D. WITNESSETH: FOR AND IN CONSIDERATION OF the mutual covenants here- in contained, Board and M. D. agree as follows: I . M. D. shall furnish medical direction and consultation services to Board for a period of one year commencing January 1, 1977 and ending December 31, 1977 ; provided, that this agree- ment may be cancelled at any time by either party upon thirty 30) days written notice . II . The Board shall pay a fee for these medical direction and consultant services at the rate of $250 . 00 per month plus $25 . 00 per hour or any fraction thereof, figured daily, for a maximum of thirty hours per month. Payment of the hourly fee for medical direction and consultant services shall be made upon receipt of invoices, each month, indi- cating the date that medical direction and consultant ser- vices were rendered , and the number of hours of medical direction and consultant services performed on each date. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written. Wichita Falls City-Wichita County Board of Hea th BY: R. 6. Riddle, D.V.M,4 Chairman ATTEST: 7-tlf.(61,1t, Kenneth C. Bebb, M. D. Approved by: City of Wichita Falls, Texas BY : Gerald G. Fo Cit Manager ATTEST: City Clerk Wichita County, Texas BY : Cd!e6 L Hank Anderson, County Judge ATTEST: az/ /' 779 County Clerk Approved as to form: z.A H. P, odge r . , •ity Attorney I4 I Bob Estrada, County Attorney 2 - CHANGE ORDER NO. 1 January 6, 1977 1976 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM WICHITA FALLS, TEXAS I . INTENT It is the intent of this Change Order to amend the contract dated September 17, 1976 to include the additional quantities and additional items described as follows: PAY APPROX. ADDL.ITEM WITH BID PRICES UNIT AMOUNT ITEM QUANTITY WRITTEN IN WORDS BID BID 1 3772 LF Standard Curb and Gutter at Two Dollars and Sixty-Five Cents per L.F. 2.65 9995.80 2 609 SF Standard Valley Gutter at One Dollars and Thirty-five Cents per S.F. 1 .35 822. 15 8 72 SF 24 inch Reinforced Concrete Pipe at Sixteen Dollars and Fifty Cents per L.F. 16.50 1188.00 12 5027 SY Type 'D' HMAC Surface Course on 4 inches Asphalt Stabi- lized Gravel Base on 4 inches of sandstone foundation course at Six Dollars and Eighty- eight cents per S.Y. 6.88 34585.76 13 5 CY Riprap concrete including reinforcing at One Hundred Sixty-five Dollars and No cents - per C.Y. 165.00 825.00 14 4.6 CY Furnish and Install Concrete for box culverts at One Hundred Sixty-five Dollars and No cents per C.Y..165.00 759.00 16 2349 Lbs.Furnish and Install Reinfor- cing Steel for culverts and retaining walls at No Dollars and Thirty-five Cents per Lb. $ 0.35 822. 15 17 0.6 LF Metal Beam Guard Fence at Nineteen Dollars and No Cents per L.F. 19.00 11 .40 NEW PAY APPROX. ITEM WITH NEGOTIATED PRICES UNIT AMOUNT ITEM QUANTITY WRITTEN IN WORDS PRICE BID 25 1313 SY 2" Type ' D' HMAC Surface Course on 6" on sandstone foundation course including excavating at four Dollars and ten 5,383.30 Cents per S.Y. 4.10 26 3.24 CY Furnish and Install Concrete for Type B Headwalls (including Rein- forcing Steel)at two hundred Dollars and no Cents per C.Y. 200.00 648.00 27 241 CY Unclassified Channel Excavation at five Dollars and no 5.00 1,205.00 Cents per C.Y. Total Adjustment (Change Order No. 1) 56,245.56 Total Bid (Original Contract) 394,534.85 Contract Amount (Adjusted) 450,780.41 Due to the increased quantities, it is also the intent of this change order to extend the working time by twenty-five (25) working days for a total contract time of two hundred twenty-five (225) working days. II . AGREEMENT By the signatures of duly authorized agents, the City of Wichita Falls, owner, and Zack Burkett Company, contractor, do hereby agree and append this Change Order No. 1 to their contract dated September 17, 1976. ZACK BURKETT COMPANY, CONTRACTOR CITY OF WICHITA FALLS, TEXAS, OWNER By: " By: Date: January 17, 1977 Date: Attest: , -ww /,,. 0 i Attest: