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Min 06/07/1977387 Wichita Falls, Texas Memorial Auditorium Building June 7, 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 Carol Russell Ray Ashbrook X Aldermen W.E. Ryle X Jerry Mathis X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Fred E. Bassett Absent The invocation was given by Alanson Brown, Church of the Good Shepherd. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held May 16, 1977, be approved. Motion seconded by Alderman McAlister, and carried unanimously. Item 4b Don Stout presented a request to fence or place a cable around the golf course to keep vehicles off the green. He also noted that joggers, horses, fishermen, children, bicycle and motorcycle riders on the course run the risk of getting hurt by a golf ball. He presented pictures taken on the golf course of some of the above instances. He stated that the Men's Golf Association will even help in the labor of installing the fence. David Kimbell appeared representing those residents along the golf course and many people in the neighborhood who use the golf course for walking, jogging, and children cutting across the golf course. He stated that the land was donated for use as a park for the citizens of Wichita Falls, and not just as a golf course. He stated they have a petition opposing the building of a fence, and would prefer not to have a cable. He suggested that they look at the cost of vandalism versus the cost of upkeep of the fence. They have no strong opposition to the cable type fence to keep vehicular traffic off, but requested that others be allowed to use it. He also requested that a hole on the west side of the golf course be filled, and the fence be removed. Alderman Ryle noted that the Council has already gone on record that a cable type fence would be the most effective way to control vehicle traffic. Bill Hursh, Director of Parks and Recreation, stated that it is his intention to go ahead with the wishes of the Council. Alderman Russell inquired if the lake mentioned in Mr. Hursh's memo is the same as the hole which was mentioned, and Mr. Hursh stated that it is. Further discussion followed, with the City Manager pointing out that the Council will need to make a decision as to whether it is a golf course or a park. The two are not compatible. Moved by Alderman McAlister that the Council support the installation of a cable type fence around the golf course, and channel bicycle traffic to golf cart paths, or some other location. Motion seconded by Alderman Ryle, and carried unanimously. 388 Item 4b, cont'd. Alderman Ryle stated that horses and vehicular traffic should be excluded from the golf course. Alderman Russell stated that we should consider the multiplicity of uses to which the land can be used. Joggers might use it after hours. Don Stout stated the $117,000 was taken in on the golf course last year. Joggers are not the problem. Motorcycles, bicycles, horses, and children playing on the green are the problems. The cable could be placed to permit joggers. Alderman Russell inquired why the fence was previously taken down? Mr. Hursh explained that it was removed on Weeks Park Lane during that street's construction. Part of it still exists, and part had deteriorated. Alderman Mathis suggested that the grade of the lake be looked at so it does not drop off so fast, for safety. Alderman Ryle noted that sidewalks around city property might be a way to handle some of the problems which the golfers have experienced. John McCallip, 4500 Weeks Park Lane, inquired what will be done with the chain link fence which was recently put up by the lake? Mayor Boyd stated that the fence was put up for safety of small children because of the drop into the lake and its proximity to the road. If the slope is changed, something else might be done, but at the moment there is no intention to do anything else with it. Item 4a Tom Rasile of Human Resources Department, was honored as Employee of the Month. Mayor Boyd presented him with a plaque and two tickets each to El Babo's and a movie. Item 4c City Manager Gerald Fox stated that a proposal has been prepared for a consulting service to assist the City in the eventual award of a CATV franchise. Services to be performed are as follows. 1. Assistance in deciding on policy issues which would be included in application forms, franchise ordinance and application evaluation. 2. Development of application form to be used for all proposals. 3. Preparing franchise ordinance terms and conditions. 4. Evaluation of proposals. The fixed cost will be $6,700, plus $3,500 per proposal for evaluation. We need professional, technical advice in this area in order to be fair with the proposal. An additional $7,500.00 is also recommended to obtain the services of these experts. Evaluation costs could be returned to the City at the time of receiving applications and awarding a franchise. Authority was requested to execute a consulting agreement with Cable Television Information Center. Alderman Ashbrook inquired if any potential applicant is involved with Cable Television Information Center, and Mr. Fox stated that none are. Alderman Mathis stated that it has been rumored that he has a financial interest in one of the prospective firms who has expressed an interest in cable TV, but that he personally has no financial interest. Alderman McAlister stated there is a high degree of integrity in the members of the Board of Aldermen and it is regrettable that someone has chosen to cast doubt in this matter. Mayor Boyd stated that no one has accused him of having any interest, but he wants it known that he does not. Alderman Ashbrook also noted that he has no interest. Alderman Mathis stated that he feels we should go ahead with the contract with the consulting firm, but feels the proposal fee should be higher than $3,500. The City Manager stated that a decision can be made later about that. Moved by Alderman Mathis that the City Manager be authorized to enter into a contract with Cable Television Information Center as outlined in the proposal. Motion seconded by Alderman McAlister. 389 Item 4c, cont'd. Mayor Boyd noted that cable TV was voted down in Wichita Falls three to one. Up to this time no member of the public has told him that they want it now. It seems that the applicants have an alternative. There is the initiative petition route which he feels the applicants could get the public to say they have changed their minds, and want it now. Alderman Mathis stated that his correspondence has been running five to one that they would like cable TV. John Shilts, 1618 Southwest Parkway, mentioned that perhaps it may not have been clear to the public that they do not have to pay for it unless they subscribe to it. The motion was carried by the following vote: Ayes: Aldermen McAlister, Mathis, Russell, Ashbrook, Ryle. Nays: Mayor Boyd V Item 4d Elmer Parish, Attorney, appeared in reference to Holliday Creek and Parish Brothers property. He stated that a project of a sanitary landfill was started, but not completed. Garbage placed there has caught fire underground at times. He presented a picture of a drainage ditch with mesquite trees growing in it. He stated that the area is impossible to mow, and that the City cleaned out the drainage ditch, and believes that they took dirt from Parish Brothers property and hauled it off. Two or three feet of topsoil should be placed on it. In some places there is only six inches of topsoil on it. He requested that the City complete the sanitary landfill, extend the concrete drainage ditch to Holliday Creek, and remove the trees so that water will drain. Concrete blocks are in the area where the landfill was located. Garbage is also being dumped into the drainage ditch and on the six acres belonging to Parish Brothers. The City Manager stated that the drainage ditch is the responsibility of the City, but dumping is the responsibility of the property owner to get it removed. A five minutes recess was called so that Mr. Parish and his clients could read the memorandum from Mr. Lillard. Mr. Parish stated that all they have to do is dig down six to eight inches and they will see that it was not left in a proper condition. James Parish stated that the area between Holliday and Carrigan Street where the flea market is located is the area where Mr. R.O. Green had authority to dump. Roy Parish stated that he saw City trucks dumping concrete on his property when they were covering it up. Ernest Lillard stated that they attempted to reconstruct the situation as well as they could, but they are working from hearsay. There is only one person who is still here who remembers it, and he was not in a position of responsibility. He stated they did not know whether they completed it with two feet of fill or not. They are willing to negotiate a contract with all obligations spelled out. He stated they would like to see every drainage ditch in the city concrete lined because it makes their job easier. At the time the ditch was lined it only called for concrete lining in a part of it. The City Manager stated that both attorneys would prepare a contract setting out the responsibilities of both parties. Elmer Parish feels that if the drainage ditch is opened on down to Holliday Creek it will permit drainage of the ditch, and keep water from standing in pools. Roy Parish feels that the remainder of the ditches in the area should be lined where it stops at the Parish Brothers property. The City Manager pointed out that Mr. Lillard had previously stated that limitation of right-of-way is the reason they chopped off the ditch at the west edge of Parish Brothers property. Alderman Mathis requested that the staff respond to citizens questions before they appear here. Item 4e Alderman McAlister disqualified himself from participation in disscussion and voting on a bank depository contract because he has a minor stock interest in one of these banks. Mayor Boyd opened the depository bids. Bids were read, and the information was turned over to Gerald Carlson, Chief Accounting Officer, for evaluation. Interested parties would meet with him in the conference room. Following review of the bids, Mr. Carlson stated that all items are almost the same except Certificates of Deposit. 390 Item 4e, cont'd. City National Bank will pay on all CD's one-half percent above the thirteen week treasury bill with a minimum of 7.02 percent. Parker Square Bank will pay 7.38 percent above and below $100,000 or a variable rate of 1.5 percent above the thirteen week rate with a maximum of 8.25 percent and a minimum of 5.75 percent. Parker Square Bank bid a point and a half above the treasury bill. Mr. Carlson feels a constant rate has been an advantage to the City. Caven Crosnoe, Attorney for Parker Square Bank, stated it was the consensus of the council last time that they should not be in the business of speculating the interest rate. He noted that competition has been good. RESOLUTION NO. 1969 RESOLUTION APPROVING DEPOSITORY CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND PARKER SQUARE STATE BANK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain depository contract, a copy of which is attached hereto, between the City of Wichita Falls and Parker Square State Bank for a period of two years from October 1, 1977 through September 30, 1979, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 1969 be passed, awarding the depository contract to Parker Square Bank at the constant interest rate of 7.38 percent. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ashbrook, Ryle, and Mathis Nays: None Item 4f Local financing for Mental Health Mental Retardation Center was requested. City Manager Gerald Fox gave a report on his recommendations. Joe Meissner, Chairman of the Board of Trustees of MHMR, stated that they need a commitment from the City as to what level they will fund the Center for the next fiscal year. Level One funding was requested. Moved by Alderman Ashbrook that Level One funding be approved in the amount of 80,382. Motion seconded by Alderman Russell. A substitute motion was moved by Alderman Ryle that funding in the amount of 80,382 be approved subject to the County raising their contribution to the same level; otherwise, funding be approved in the amount of $71,650. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Ashbrook, Ryle, and Mathis Nays: Alderman Russell Item 5a A proposed ordinance was presented closing an alley in Block 10, Barwise and Jalonick Addition. ORDINANCE NO. 3195 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 10 OF THE BARWISE AND JALONICK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas deems it advisable and in the public interest to close the alley herein described. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The 20 foot east-west alley in Block 10 of the Barwise and Jalonick Addition to the City of Wichita Falls, Texas 391 Item 5a, cont'd. be and the same is hereby closed and abandoned. Moved by Alderman Ashbrook that Ordinance No. 3195 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Alderman McAlister, Russell, Ashbrook, and Mathis Nays: None (Alderman Ryle was out of the room.) Item 5b A proposed ordinance was presented adopting a minimum housing code. Ernest Lillard stated that this is needed for the Community Development Block Grant. He recommended that the Board of Adjustments and appeals handle the appeals from both the building code and housing code. ORDINANCE NO. 3196 AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND MAINTENANCE OF DWELLINGS, DWELLING UNITS AND ACCESSORY STRUCTURES; ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND STRUCTURES; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; CREATING A HOUSING BOARD OF ADJUSTMENTS AND APPEALS AND FIXING THE DUTIES AND RESPONSIBILITIES THEREOF; AUTHORIZING THE INSPECTION OF DWELLINGS AND CONDEMNATION OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION AND USE; AND FIXING PENALTIES FOR VIOLATIONS. Moved by Alderman Ryle that Ordinance No. 3196 be passed, deleting the word morals" in the first paragraph. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 5c 1 Regulation of location of adult businesses was discussed. Sam Moreau, Attorney, appeared for Armies Book Store, stating that he feels the ordinance is vague and indefinite because we have a criminal code which will enforce these businesses. City Attorney H. P. Hodge, Jr. stated that it is not spelled out that existing businesses would be exempt from the operation of the ordinance, but he feels we cannot put any presently legal existing business out of business. He stated that the Detroit ordinance has been tested. The Dallas ordinance has not been. The principle employed here has been upheld by the Supreme Court. He further stated that the criminal code is not concerned with location, but prohibition of obscenity. Mr. Armie inquired if he could relocate, and it was explained that he could not. Alderman McAlister felt that the grandfather clause should be placed in the ordinance. Moved by Alderman McAlister that no action be taken on the ordinance today, but that it be distributed to all interested parties, and that the City Attorney work on a grandfather clause. Motion seconded by Alderman Ryle, and carried unanimously. Item 5d Revision of the subdivision ordinance was discussed. Stephen Ondrejas, Director of Planning, recommended adoption of the Planning Board report which recommended speed bumps and a speed limit in alleys. Charles Dennis appeared as president of the North Texas Home Builders Association. He stated that this ordinance has been prepared without knowledge of land developers, engineers, and builders. No one had knowledge of its existence, and was not given an opportunity to testify on these matters. Both of the experimental subdivisions have not been completed. We do not have all of the data on this. He requested that the ordinance be returned to the Planning Board, and everyone be given an opportunity to present their ideas. He requested that the City adopt a policy of 392 Item 5d, cont'd. providing information to the citizens for their input before it comes up. r Joe Best, 3305 Seymour Road, appeared in opposition to wider alleys, stating that nine to ten feet alleys are sufficient. He stated that in a Dallas subdivision where the average cost of a lot is $40,000, they have ten foot alleys. Tom Hill also appeared in opposition to wider alleys, and stated that Mr. Wilson, President of the Board of Realtors, is also in favor of ten foot alleys. Mr. Best requested waiver of the ordinance to install nine to ten foot alleys in Sikes Estate Section F. He requested that the recommendations of the Planning Board not be adopted. C.W.L. Dennis stated that he is in favor of retaining nine feet alleys, but we may still have rear entry garages where the developer and builder desire. Home builders and realtors are opposed to wider alleys. J.F. Gray stated that when the alley paving requirements are increased, it kills the alley paving program very quickly. Stephen Ondrejas noted that it had been stated that the information presented as totally biased, and this is not correct. Information gathering was a random sampling, and it was not biased. ORDINANCE NO. 3197 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF WICHITA FALLS, ORDINANCE 2118, SETTING FORTH GENERAL REQUIREMENTS FOR STREETS, ESTABLISHING DESIGN STANDARDS FOR STREETS; SETTING FORTH GENERAL REQUIREMENTS FOR ALLEYS; ESTABLISHING DESIGN STANDARDS FOR ALLEYS. Moved by Alderman McAlister that Ordinance No. 3197 be passed changing alley right of ways to 20 feet, and pavement width to nine feet. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Mr. Lillard stated that speed bumps could be made a part of city standards. A 30-minute recess was called at 1:45 P.M. Item 5e A proposed ordinance was presented determining the necessity for the 1977 Reconstruction Program, and authorizing advertising for bids. ORDINANCE NO. 3198 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1977 RECONSTRUCTION PAVING PROGRAM, PHASE 1, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman McAlister that Ordinance No. 3198 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 5f A proposed ordinance was presented closing certain streets and alleys in Westmoreland Park Acreage Subdivision. 393 Item 5f, cont'd. ORDINANCE NO. 3199 ORDINANCE CLOSING CERTAIN STREETS AND ALLEYS IN WESTMORELAND PARK ACREAGE SUBDIVISION. Moved by Alderman McAlister that Ordinance No. 3199 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None r Item 6a A proposed resolution was presented requesting designation of certain census tract areas as a special impact area. This is to determine if we are eligible for grant assistance to fund projects in these areas. RESOLUTION NO. 1970 A RESOLUTION REQUESTING THE ECONOMIC DEVELOPMENT ADMINISTRATION TO DESIGNATE CERTAIN CENSUS TRACT AREAS OF THE CITY OF WICHITA FALLS AS A SPECIAL IMPACT AREA" UNDER SECTION 101(a) (1) (D) OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED. WHEREAS, the City of Wichita Falls desires to request the designation by the Secretary of Commerce of certain census tract areas within said City as a "Special Impact Area" under the provisions of Section 101(a) (1) (D) of the Public Works and Economic Development Act of 1965, as amended; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls finds that certain census tracts meet the criterion for eligibility for designation as a "Special Impact Area" under the terms of the above enumerated public law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute any and all necessary documents in order to request that the Secretary of Commerce designate certain census tracts of the City of Wichita Falls as a "Special Impact Area" under the provisions of Section 101(a) (1) (D) of the Public Works and Economic Development Act of 1965, as amended. Moved by Alderman McAlister that Resolution No. 1970 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6b A proposed resolution was presented authorizing adjustment of Texas Pipeline Company lines on various streets in the reconstruction program. RESOLUTION NO. 1971 RESOLUTION AUTHORIZING CITY MANAGER TO SIGN REIMBURSEMENT AGREEMENT WITH THE TEXAS PIPELINE COMPANY AND PROVIDING COMMITMENTS ON THE PART OF THE CITY OF WICHITA FALLS IN REGARD TO MAINTENANCE WHEREAS, the City of Wichita Falls desires to reconstruct portions of Hirschi Lane, Huskie Drive and Industrial Drive with said reconstruction requiring the adjustment of two pipe lines owned by the Texas Pipe Line Company; and, WHEREAS, the Texas Pipe Line Company has prior easements for the use of right- of-way across these streets to contain said pipe lines; and, WHEREAS, the cost of any adjustments to said pipe lines would be the responsibility of the City of Wichita Falls; 394 Item 6b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. The City of Wichita Falls will not hold the Texas Pipe line Company responsible for any damages or repairs or replacement costs to Huskie Drive as a necessary result of their normal maintenance of their existing 8" pipeline. Section 2. Upon written notice from the Texas Pipeline Company, the City of Wichita Falls hereby agrees to provide new pipe and lower and encase the presently inactive 6" pipeline under Hirschi Lane in the future if the line should need to be reactivated. Section 3. The City Manager is hereby authorized to sign a reimbursement agreement with the Texas pipeline Company with said agreement providing that the City of Wichita Falls will pay for all required adjustments to the two pipelines in conflict with proposed street reconstruction. Such adjustments are presently estimated to cost $21,018. Moved by Alderman Ryle that Resolution No. 1971 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None J Item 6c A proposed resolution was presented approving updated appraisals on Kell right- of-way. RESOLUTION NO. 1972 RESOLUTION APPROVING UPDATED APPRAISAL OF PROPERTY ON KELL FREEWAY AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, by the adoption of Resolution No. 1867 the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-380, and approved the appraised value of such property; and, WHEREAS, the appraisal of such property has now been updated by the independent appraiser employed by the State Department of Highways and Public Transportation to reflect present market prices, and the updated appraisal has been approved by the State Department of Highways and Public Transportation and has been studied by the Board of Aldermen, and a copy of same is 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 is as follows: Kell Freeway, Project 52-380 Warranty Deed Lot 10, Block 15, I. Jalonick Addition The total of value approved in this resolution 22,500.00 Section No. 2 The updated value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the State of Texas, or the City of Wichita Falls, by Warranty Deed such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the state approved value as determined from the updated appraisal (rather than the original appraisal approved by the resolution set out above) made by the independent real estate appraiser employed by the State Department of Highways and Public Transportation. Section No. 3 In the event the City Manager is unable to purchase such tract for such approved updated value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the State of Texas or the City of Wichita Falls. 395 Item 6c, cont'd. Moved by Alderman McAlister that Resolution No. 1972 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Alderman McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None item 6d A proposed resolution was presented approving payment of utility adjustments on Kell right-of-way. RESOLUTION NO. 1973 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THREE PARTY AGREEMENT FOR UTILITY AGREEMENTS FOR THE KELL FREEWAY PROJECT. WHEREAS, the City of Wichita Falls and the State Department of Highways and Public Transportation are cooperating in the construction of Kell Freeway, Project 52-380, Under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, the City of Wichita Falls, Texas and the Texas Highway Department entered into a contractual agreement dated January 31, 1968, wherein the State and the City will participate equally in the right of way and utility adjustments required for the Kell Freeway Project; and, WHEREAS, adjustments will have to be made to the telephone cables and facilities to allow the construction of the proposed Kell Freeway Project; and, WHEREAS, the Southwestern Bell Telephone Company and the General Telephone Company have prior easements for the telephone facilities; and, WHEREAS, the Southwestern Bell Telephone Company and the General Telephone Company have proposed estimates of utility adjustments in which the City of Wichita Falls and the State Department of Highways and Public Transportation are to reimburse the Southwestern Bell Telephone Company and the General Telephone Company for the cost of the adjustments to the telephone cables and facilities; and, WHEREAS, the State Department of Highways and Public Transportation share equally the cost of the approved firm commitment values of the adjustments as appears in the formal agreements as approved by the State. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: The City Manager is authorized to execute for the City of Wichita Falls the three party agreement between the City of Wichita Falls, the State Department of Highways and Public Transportation and the Southwestern Bell Telephone Company and the General Telephone Company for the adjustments of the telephone cables and facilities. Moved by Alderman Mathis that Resolution No. 1973 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6e A proposed resolution was presented approving a statement of intent for access to Kell frontage road. RESOLUTION NO. 1974 RESOLUTION EXPRESSING CONCERN OF THE BOARD OF ALDERMEN AND APPROVING A STATEMENT OF GENERAL INTENT ABOUT ACCESS TO KELL BOULEVARD (PROPOSED KELL FREEWAY) FRONTAGE ROADS BETWEEN FAIRWAY BOULEVARD AND SEYMOUR HIGHWAY AND TO KELL BOULEVARD (PROPOSED KELL FREEWAY) NORTH FRONTAGE ROAD BETWEEN KEMP BOULEVARD AND FAIRWAY BOULEVARD. 396 Item 6e, cont'd. WHEREAS, the public safety and welfare could be affected by the heavy volume of traffic on Kell Boulevard (proposed Kell Freeway) frontage roads being impeded by traffic entering these frontage roads from a potentially large number of curb cuts and driveway openings; and, WHEREAS, the Board of Aldermen wished to provide a statement of general intent to the City staff, developers and owners of properties abutting these frontage roads concerning access. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City staff and developers and/or owners of property abutting the Kell Boulevard (proposed Kell Freeway) north frontage road from Kemp Boulevard to Fairway Boulevard and Kell Boulevard (proposed Kell Freeway) north and south frontage roads from Fairway Boulevard to Seymour Highway he requested to thoroughly consider limiting access points to the frontage roads by such alternate access methods as other public streets, intersecting streets and parallel access streets. SECTION 2. With regard to tracts which have been heretofore subdivided (whether or not such subdivision was by a map or plat approved in accordance with Article 974a, Revised Civil Statutes of Texas) , whenever it is possible to do so on the basis of legal limitations imposed at the time of acquisition of right-of-way for the proposed Kell Freeway, all such tracts which previously abutted and had access to City streets other than the frontage roads described in Section 1, shall be denied access to such frontage roads. SECTION 3. The City staff shall work toward mutually agreeable solutions with developers and/or owners of abutting properties to implement this statement of general interest. SECTION 4. The Board of Aldermen shall be informed of any potential developments which could significantly impact the number of curb cuts and driveway openings into such frontage roads. SECTION 5. This statement of general intent shall be effective until the main lanes of proposed Kell Freeway are constructed and opened to the public on a street segment by street segment basis. Moved by Alderman McAlister that Resolution No. 1974 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None j Item 7a V Bids were considered on traffic signal control equipment for Barnett Road and F.M. 369. It was recommended that the following low bids be awarded. a. One Controller - Trans-Tronics, Inc. - $6,140.00 b. Nine Loop Detectors - Eagle Signal Co. - $620.00 c. Twelve Signals - Automatic Signal Co. - $3,340.00 d. Eight Pedestrian Push Buttons - Eagle Signal Co. - $100.00 e. Four Signal Poles - Automatic Signal Co. - $4,476.00 f. Two Pedestal Poles - Traffic Signal Equipment, Inc. - $223.60 g. 2,107 misc. ft. Signal & Detector Cable - Traffic Signal Equipment, Inc. 892.22 Moved by Alderman McAlister that bids be awarded as indicated. Motion seconded by Alderman Mathis, and carried unanimously. Item 7b Bids were considered on a four-door sedan for Traffic Engineering. It was recommended that the low bid be awarded to Joe Pistocco Pontiac in the amount of 4,423.00. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Mathis, and carried unanimously. 397 Item 7c Kt° Bids were considered on 160,000 pounds fluosilicic acid for water purification. j f It was recommended that the low bid be awarded to Thompson-Hayward Chemical Company in the amount of $4,640.00. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Russell, and carried unanimously. Item 7d Bids were considered on an estimated annual supply of data processing paper. It was recommended that the low bid be awarded to Data Documents, Inc. , in the amount of $29,304.42. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Mathis, and carried unanimously. Item 8 Moved by Alderman McAlister that authority be granted to advertise for bids, as follows. a. 350 tons liquid chlorine. b. Sewer improvements along Old Burk Road and Missile Road. c. Sewer relocation along Kell Boulevard from Grant to Fairway. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9a,b,d Moved by Alderman Ryle that minutes of the meetings of the following boards and commissions be received. s a. Citizens Traffic Safety Council - May 4, 1977 b. Mayor's Commission on Status of Women - May 5, 1977 C. Park Board - May 24, 1977 Motion seconded by Alderman McAlister, and carried unanimously. Item 9c Moved by Alderman Ryle that the ordinance on carports be redefined in line withy ',` the exceptions previously discussed. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman Ryle that minutes of the meeting of the Planning Board held May 11, 1977 be received. Motion seconded by Alderman Ashbrook, and carried unanimously. Item l0a Moved by Alderman McAlister that the following appointments be made to the Traffic Safety Council, with expiration terms as indicated. J. Dale Terry - June 10, 1979 Charles C. Howard - June 10, 1979 Bobby Myers - June 10, 1979 Lee Lucas - June 10, 1979 Harvey Coombs - June 10, 1979 Bonnie Thornton - June 10, 1979 Millie Henn - June 10, 1978 (replaces Peggy Marzano) Motion seconded by Alderman Ryle, and carried unanimously. f Moved by Alderman Ryle that Walt Berry and C.O. Morgan (replaces Paul Teague) be appointed to the City-County Joint Airport Zoning Board for terms to expire December 31, 1978, and December 31, 1977, respectively. 398 Item 10a, cont'd. Motion seconded by Alderman McAlister, and carried unanimously. Item 10b Moved by Alderman Mathis that a public hearing on demolition of hazardous structures be held on July 5, 1977. Motion seconded by Alderman Ashbrook, and carried unanimously. y Item 10d Authority was requested to employ the engineering firm of Biggs and Mathews for sewer improvements to City View Heights. Cost of the improvements will be paid by the developers. Engineering costs will be 82 percent of the contract cost. Item 4g The Accounting-Finance divisional report was given by Gerald Carlson. Item 10c Earl Scroggins of First Freewill Baptist Church, requested permission to build within two feet four inches of the property line. They were granted a building permit and then found to be in violation of the ordinance. Steve Ondrejas stated that they do not believe a precedent would be established by granting this exception. Moved by Alderman Mathis that the waiver be granted. Motion seconded by Alderman Ashbrook, and carried unanimously. Alderman McAlister inquired how we are using the CETA summer youth program. V ' The City Manager stated that he had a report with the agenda showing where they are being used. Alderman Mathis mentioned the activity center report from the City Manager. v 1 He feels there is a definite need for this facility. Alderman Ryle stated he would like to have the blue ribbon committee reactivated and have them look at the proposal. Moved by Alderman Mathis that the committee be appointed to reconsider the activities center, and that the Mayor appoint the fifth member. Motion seconded by Alderman Ryle, and carried unanimously. Following a letter of request from the auditors, it was moved by Alderman Mathis that the auditing firm of Jarratt, Cocke, and Tillery be authorized to perform the city audit for the year 1978-79. Motion seconded by Alderman Ashbrook, and carried unanimously. Mayor Boyd noted that Lanier Wilson, Tax Assessor-Collector, and Ben Shelton, Director of General Services, are leaving employment of the City of Wichita Falls. He complimented them as employees which could be depended upon, and who can take pride in the work they have done. The Board of Aldermen adjourned at 3:30 P.M. PASSED AND APPROVED this day of e,4, 1977. 2C.47/ ATTEST: A ,, I CLERK 4,,; , /?6,47DEPOSITORYCONTRACT This contract made and entered into this the 8th day of June, 1977 , between the City of Wichita Falls, Texas, here- inafter called "City" and Parker Square State Bank, hereinafter called "Bank" , WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants contained herein, City and Bank do hereby agree that Bank shall serve as depository for City and maintain custody of the funds of City for a period of two years from October 1, 1977 through September 30, 1979 , in accordance with the covenants and provisions contained in the Proposal for Depository Contract which is attached hereto and incorporated herein by reference; the rate of interest to be paid on certificates of deposit shall be the constant rate set out in Alternate #1. IN WITNESS WHEREOF, the parties have caused this contract to be executed as of the day and year first above stated. City of Wichita Falls, Texas By: Ger G. Fox, City Manager ATTEST: Cit Clerk Parker Square State Bank Dick Waggoner, blesident ATTEST: Q C. at: CC 1 Eddie C. Tucker, Cashier