Min 10/18/1977466
Wichita Falls, Texas
Memorial Auditorium Building
October 18, 1977
Item 1
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session
on the above date in the Council Room of the Memorial Auditorium Building at 8:30
o'clock A.M. , with the following members present.
J. C. Boyd, Jr. Mayor
Hardy McAlister X
Fred E. Bassett X
Carol Russell X Aldermen
Ray Ashbrook X
W. E. Ryle
Jerry Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Item 3
Moved by Alderman Ashbrook that minutes of the meeting held October 4, 1977, be
approved.
Motion seconded by Alderman Russell, and carried unanimously.
Item 4a
The budget hearing was opened on general revenue sharing.
Bonnie Thornton appeared as Executive Director of Community Council. She requested
13,425 in revenue sharing funds. Alderman Ryle asked if this is a new request, and
the City Manager explained that the City had participated in their volunteer and
referral service in the past with revenue sharing funds. The Community Council is an
outgrowth of that service. Alderman Ryle noted that this request is just now coming to
us, and he believed a more appropriate time would have been to have presented it to
them earlier. They have not had an opportunity to look at it to determine if it is
appropriate to expend city funds. Some felt local funding would be appropriate to support
this organization since they are a citizen support group. Mayor Boyd spoke in favor of
it. The City Manager explained that funds for this program would have to come out of
the normal operating budget or general revenue sharing.
Mrs. Thornton explained that they need, and have hired another staff member for
their information and referral division, which started June 1. They have averaged over
200 calls per month. Their service is not restricted in any way to any one element of
the community. The planning division has a 28 member board involved in the review
process. In July they began serving in a review and comment capacity for the City and
Nortex Regional Planning Commissions. They have recently nationally affiliated their
volunteer action center. They have registered approximately 2500 volunteers. It is
hard to put a price tag on the amount of hours and quantity of service delivered in our
community.
Angus Thompson, Executive Director of CAC, again requested funds for Meals on
Wheels program. They are presently feeding 60 individuals one meal per day, Monday
through Friday. With the increase in funding they could feed 100 per day. They have
a waiting list of 85. He also requested $20,000 to improve and strengthen their
service centers in Wichita Falls. These centers provide 200 units of service each
month. Additional equipment and staffing is needed for these service centers. Alderman
Bassett inquired concerning the $20,000, and Mr. Thompson stated that it would be
matched against $80,000 of federal government funds. He noted that the CAC budget is
600,000 this fiscal year. The average person they feed is 65 years of age or older,
at the poverty level, disabled, or in a condition where they have no one else to feed
them.
Otis Polk appeared as Chairman of Rosewood Neighborhood Group One, and also as a
member of the Board of Directors of Community Action Corporation. He endorsed the
Community Council request. He stated that in August the CAC recommended the meals on
wheels program, and explained that the community centers are places where people can
come for services. He requested support of both of these requests.
467
Item 4a, cont'd.
Ron Prado appeared as a board member of CAC. He stated that the service centers
and meals on wheels go hand in hand. The poverty in the area are not highly educated.
These 60 people on the meals on wheels program were recruited by these service centers.
One outreach worker is available in each center. They feel that they need two.
The City Manager explained that in the original application for $20,000, the
request was to several other government agencies. Mr. Thompson stated that other
government agencies are considering their request. He explained that he has been
working with Mr. Haley on a reporting mechanism to indicate that the funds are beingspentforservicesinWichitaFalls.
Otis Polk requested that Collard Street be placed in the assessment paving program.
He stated that he would like to take the City Manager and Mayor on a tour of the East
side. He also mentioned a hole which has been dug on Thompson Road East due to
construction of the freeway overpass. Alderman Russell inquired what type of information
would be necessary to include Collard, or any other street, in the assessment paving
program? The City Manager stated that he believed Collard would be better placed in
the target area sector of the Community Development program. There have been some
legal problems involved. She requested that information be presented to them as soon
as possible in order for them to be able to give direction.
Ann Turner appeared for Kate Haynes PTA. She requested tennis courts in the
Northwest part of the city. There are no park facilities at all. She requested that
funds be allocated for them. She stated that land is available adjacent to Lions
Club Park. This is in the Eden Hills-Lincoln Heights area.
No one else aesired to be heard, and the hearing was closed.
Moved by Alderman Mathis that the sanitation container appropriation be reduced
by $50,000, and that money be applied as follows: $13,400 for Community Council,
12,000 for Meals on Wheels, and $24,000 for tennis courts in the Northwest part of
town.
Motion seconded by Alderman Ryle.
Alderman McAlister feels that these sanitation containers should not be in this
program; that it is a service which should be paid by the user, and not by revenue
sharing funds. The City Manager stated that if it is placed in the operating budget
then there would have to be a substantial increase in rates. It is a capital
investment and should come out of the revenue sharing program. The $250,000 figure
is based on the number of containers needed.
Alderman McAlister also feels that the Community Council and meals on wheels
should not be funded out of the revenue sharing program. Alderman Ryle agreed that
revenue sharing funds should not be used on non-capital items, but does not know any
other way they can do it this year.
Alderman Bassett defended the purchase of sanitation containers, stating that he
feels we would be disrupting a planning process to not include it. He suggested that
we look to other sources to obtain the money. Alderman Ashbrook expressed the same
thoughts.
A substitute motion was moved by Alderman Bassett that Lucy Park acquisition in
the amount of $7,500 be removed, that $11,500 be deducted from street reconstruction,
and that $31,000 be deducted from Midtown Activities Center, to be applied as follows:
13,425 to Community Council, $12,000 to meals on wheels, and $24,575 to tennis courts
in the Northwest part of town. If the tennis courts do not cost that much, the remainder
will go back in Midtown Activities Center.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Moved by Alderman Russell that the Health Building roof be substituted for the
CAC request in the amount of $20,000 for the neighborhood service centers.
Motion seconded by Mayor Boyd, and lost by the following vote:
Ayes: Mayor Boyd and Alderman Russell
Nays: Aldermen McAlister, Bassett, Ashbrook, Ryle, and Mathis
468
Item 4a, cont'd.
It was the consensus of the Council that the Meals on Wheels Program and the
Community Council should be included in the regular operating budget next year.
Moved by Alderman Ryle that the appropriation for sanitation containers be
reduced by $20,000, and that it be applied to CAC neighborhood service centers, but
that next year it be included in the planning of the regular budget.
Motion seconded by Alderman Russell.
Other discussion followed on the need of CAC for additional staff and equipment,
and a substitute motion was made.
Moved by Alderman Mathis that this matter be referred to Community Council for
their review, and report their findings back to the Council.
Motion seconded by Alderman Ashbrook.
Alderman Russell feels that we are not being consistent because we have funded
meals on wheels which is an expansion of a program.
The substitute motion was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ashbrook, and Mathis
Nays: Aldermen Russell and Ryle
ORDINANCE NO. 3240
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
f,? , Moved by Alderman Mathis that Ordinance No. 3240 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 10c
Moved by Alderman Mathis that the subject of CATV be postponed until November 1,
and that a work session be held on it on October 27, at 4:00 P.M.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 4b
The annual appropriation ordinance for the 1977-78 budget was presented. The
public hearing was opened, but no one desired to be heard.
ORDINANCE NO. 3241
AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS
AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, BOTH DATES INCLUSIVE,
ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS,
DECLARING AN EMERGENCY, AND REPEALING ORDINANCES NO. 3233, NO. 3234,
NO. 3235 AND 3236.
Moved by Alderman Mathis that Ordinance No. 3241 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Mayor Boyd commended everyone who participated in this process, stating that this
is the first City in the State of Texas to have zero based budgeting.
469
Item 5a
Claude Hoff, Health Department, was not present to receive his Employee of the
Month award. The City Manager will pass it on to him.
Item 5c
A proposed resolution was presented designating Project Action Weeks for Rider
High School DECA Chapter.
RESOLUTION NO. 2020
RESOLUTION DESIGNATING THE WEEKS OF OCTOBER 17-23 AND OCTOBER 24-30 AS
PROJECT ACTION WEEKS.
WHEREAS, the Creative Marketing Project for the Distributive Education students
of Rider High School for the 1977-1978 school year is Project ACTION, which means
A Career Training Investigation: Our Necessity"; and,
WHEREAS, this project has been formulated and sponsored by the Sales and Marketing
Executives and the Vocational Advisory Committee, and it is a cooperative effort between
Rider Distributive Education students and the above mentioned organizations; and,
WHEREAS, the Wichita Falls Independent School District is considering the
development of new vocational programs at its Harrell School location, and there is a
need for an occupational study to investigate past and present vocational conditions
and to project future trends that will lead to improvement of vocational education in our
community; and,
WHEREAS, Rider's DECA chapter will gather this information by means of a survey
of the businesses and industries in the Wichita Falls trade area and present this
information with recommendations and proposals to the Wichita Falls Independent School
District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The weeks of October 17-23 and October 24-30, 1977 are hereby designated as
Project ACTION weeks in Wichita Falls, and the DECA students of Rider High School are
congratulated for undertaking this worthwhile project, and the business community is
encouraged to cooperate with them in making it a success.
Moved by Alderman Mathis that Resolution No. 2020 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Two students were recognized, and a copy of the resolution was presented to them
by the Mayor.
Item 5b
Dwayne Cook, 2501 Quincy Road, appeared requesting water service to his residence / •
on Quincy Road. He stated they have been told that the land must be platted, and
unless it has been, they cannot get city water. They are willing to lay their own
water line or whatever it takes to get water. Three of the property owners are willing
to pay off their land in order to get it platted, but was told the whole tract had to
be platted. The City Manager explained that land has to be platted by the owners
of the property. Robert and Richard Carter own the property. These people have
purchased land from them on a contract of sale, and they do not own it until it is
paid off; however, the remainder of the tract which the Carters' own must also be
included, and the Carters' have not platted it.
Carrol Dunn, 1302 Taylor, stated that he had been told by Henderson-Wright Real
Estate that he could get water out there. He further stated that he called the water
department and was told that if he put up a deposit he could get a water tap. Mr.
Carter has refused to plat the land because he said it would cost $5,000. It was noted
that the structures on this land are set outside the city limits. They could not
get a building permit because the land was not platted. A meter was erroneously set
for a Mr. Wells near this location because a temporary connection had previously been
made for an asphalt plant during resurfacing of the highway to Henrietta.
470
Item 5b, cont'd
The Council explained to Mr. Cook and Mr. Dunn that their quarrel is with Mr.
Carter, and not the City. They were advised to get. a lawyer and apply leverage on the
real estate agent to put pressure on Mr. Carter to plat the property. They were
referred to Mr. Roger McKinney, Acting Director of Planning, who could tell them what
to do about platting the property.
Item 5d
J) Henry Anderson appeared representing Glen Snyder of the Kirby Company. He
stated that they are not requesting a waiver of the ordinance, but that the Council
consider amending it in favor of those businesses which have been in business here for
a certain length of time. The business would secure the permit and be held responsible
for their salesmen. He requested that the matter be referred to the City Attorney to
determine if an amendment could be devised to give the same protection, but make it
easier administratively to operate. He would like to work with Mr. Hodge on it.
Alderman Ashbrook was in agreement.
Moved by Alderman Bassett that this matter be referred to the City Attorney's
office for study, and report back with his recommendations, including a grandfather
clause, or whether we need the ordinance at all.
Alderman McAlister stated that he has a lot of problems with this whole ordinance.
He does not see that it does anything but penalize the ones trying to comply with it.
He questions whether we need to exercise any control at all over these matters.
Motion seconded by Alderman Ryle, and carried unanimously.
Mrs. Thomas mentioned the applications for Beacon Lights, also, and it was
agreed that the ordinance would not be enforced until the report is received.
Alderman McAlister commended Police Chief Harrelson for enforcing and bringing
to their attention the laws which we have on our books.
Cecil Bailey, retired policeman, requested a waiver to sell ties and socks door
to door. He stated that he is almost blind.
Moved by Alderman Ashbrook that Cecil Bailey be exempted from the permit and fee
until the study is back.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis.
Nays: Alderman McAlister
Moved by Alderman McAlister that we apply the temporary waiver uniformly to all
parties until the study is received, and a decision is made by the Council.
Motion seconded by Alderman Ryle, and carried unanimously.
i
Item 6a
ti
A proposed ordinance was presented setting the tax rate and levying taxes for 1977-78.
ORDINANCE NO. 3242
AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING
FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1977-1978 AND APPORTIONING
EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ALL
ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY.
Moved by Alderman Bassett that Ordinance No. 3242 be passed.
Motion seconded by Alderman Ashbrook.
Alderman Ryle noted that we could have a tax rate of $2.25, but we are lowering
it. He explained that he had been in a meeting with the Corps of Engineers regarding
rebuilding the dam at Lake Wichita. In a private discussion with one of the officials,
he stated that the dam is given the most hazardous rating which is applied to dams.
Other than repairing the dam, the other option is to breach the dam and drain the
lake. It would cost two million dollars today, but it won't be built for ten years.
Should the dam break, it would cause 225 million dollars in property damage, plus loss of
471
Item 6a, cont'd.
life. In the event the Corps of Engineers does not promptly approve this project, we
as a City should immediately consider getting an engineer and get the dam repaired.
This could be handled financially in our debt service requirements. Mayor Boyd stated
that when he went to Washington to discuss the dam with the Corps of Engineers, the
subject of breaching the dam was also mentioned.
The motion for passage of Ordinance No. 3242 was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Moved by Alderman Ryle that the Council go on record directing that a follow-up
be made to the Board of Rivers and Harbors in looking at this project, and if it is
rejected by them (in November or March) that the City of Wichita Falls then take a hard
look and employ an engineering firm to give us an estimate of the cost of repairing
the dam at Lake Wichita.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 6b
v
A proposed ordinance was presented abandoning an alley in Sikes Estates Subdivision.
if
ORDINANCE NO. 3243
AN ORDINANCE ABANDONING THE FIFTEEN (15) FOOT ALLEY BEHIND LOT 14, BLOCK
17, SIKES ESTATES SUBDIVISION, SECTION F, TO THE CITY OF WICHITA FALLS, TEXAS,
AND RETAINING EASEMENT RIGHTS.
Moved by Alderman McAlister that Ordinance No. 3243 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
The Board of Aldermen recessed for 30 minutes at 12:15 P.M. , after which time the
meeting resumed.
v Item 6c
A proposed ordinance was presented amending general revenue sharing appropriations.
This will reduce the original appropriations to the amount actually expended in various
projects, which have now been completed.
ORDINANCE NO. 3244
ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS.
Moved by Alderman Ryle that Ordinance No. 3244 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 6d
Discussion was held on Texas Electric Service Company rate request. The City
Manager recommended that we make final determination of the rate request prior to
November 1, 1977 in order that Texas Electric may not apply rural rates approved by
the Texas Public Utilities Commission. Alderman Ryle feels that we should offer
TESCO the 8.33 percent rate increase, and if they appeal we will still have some
options left. If we don't, then the Public Utilities Commission will make the
ruling without our input. Alderman McAlister felt that the criteria which was used
in the past has been changed now and we are using a different criteria. He questioned
the method by which our consultant applied the numbers. He stated that he cannot
overemphasize the capital requirements which will be required by Texas Electric within
the next few years.
472
Item 6d, cont'd.
ORDINANCE NO. 3245
ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS ELECTRIC SERVICE
COMPANY IN THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR AN EFFECTIVE DATE
FOR SUCH RATE SCHEDULES, PROVIDING CONDITIONS UNDER WHICH SUCH RATE
SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND DECLARING AN
EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3245 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Bassett, Ashbrook, Ryle, and Mathis
Nays: Aldermen McAlister and Russell
Tom Locke, Division Manager of Texas Electric, stated that this decision will be
appealed to the Public Utilities Commission, and that he would keep them informed of
the advancing appeal.
w Item 7a
A proposed resolution was presented granting an easement and right-of-way to
Texas Electric Company at Jasper Street water plant.
RESOLUTION NO. 2021
RESOLUTION APPROVING AN EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY ON
TRACT ADJACENT TO JASPER STREET WATER TREATMENT PLANT.
WHEREAS, the City of Wichita Falls has contracted to purchase from Texas Electric
Service Company a tract of land containing 10.51 acres adjacent to the Jasper Street
water treatment plant, on which tract is located the TESCO lake, and Texas Electric
Service Company desires to obtain from City an easement on such land for certain
transmission lines and guys.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain easement, a copy of which is attached hereto, from the City of Wichita
Falls to Texas Electric Service Company, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls after the purchase of
the 10.51 acre tract has been completed.
Moved by Alderman Bassett that Resolution No. 2021 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 7b
A request was presented to increase the tennis fees.
Moved by Alderman McAlister that action on this matter be deferred until the Park
Board reviews it.
Motion seconded by Alderman Mathis, and carried unanimously.
1/Item 7c
A proposed resolution was presented approving appraisals and authorizing purchase
on Kell right-of-way.
RESOLUTION NO. 2022
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,
473
Item 7c, cont'd.
WHEREAS, such properties have been appraised by appraisers employed by the State
Department of Highways and Public Transportation 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 Deeds are
as follows:
Kell Freeway - Project 52-380
Warranty Deed
South 95 feet of Lot 10, Block 19, I. Jalonick Addn.
North 70 feet of Lot 10, Block 19, I. Jalonick Addn.
South 115 feet of Lots 11 & 12, Block 15, I. Jalonick Addition.
2375 sq. ft. of Lot 1, Block 17, I. Jalonick Addn.
Block 36, I. Jalonick Addition
2,825 sq. ft. of Lot 5, Block 4, I. Jalonick Addn.
10,500 sq.ft.of Lot 5, Block 11, I. Jalonick Addn.
246 sq, ft. of Lots 4 & 5, Block 4, I. Jalonick Addn.
So. 50 ft. of Lot 2, Block 5, I. Jalonick Addn.
2,619 sq. ft. of Lot 9, Block 19, I. Jalonick Addn.
Combined total of values approved in this resolution 143,558.
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 State of Texas or the City
of Wichita Falls, by Warranty Deed or by Quit Claim 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 State Department of Highways and Public Transportation.
Section No. 3 In 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 State of Texas or
the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 2022 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, Mathis
Nays: None
t Item 7d
A proposed resolution was presented accepting State Department of Highways and f
Public Transportation Minute Order 73407 for the improvement of Harding Street from
Cottonwood to State Highway 79.
RESOLUTION NO. 2023
RESOLUTION PROVIDING FOR THE CONSTRUCTION OF HARDING STREET FROM WICHITA
FALLS EAST CITY LIMIT AT COTTONWOOD ROAD AND HARDING STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The provisions of Minute Order No. 73407 passed by the State Highway and Public
Transportation Commission on September 29, 1977, a copy of which is attached hereto,
and is made a part thereof, providing for the construction of Harding Street from
Wichita Falls East City Limit at Cottonwood Road and Harding Street, east along Harding
474
Item 7d, cont'd.
Street to proposed Farm to Market Road at Clay County Line, a distance of approximately
1.4 miles are acceptable to the City of Wichita Falls. It is hereby ordered that the
City of Wichita Falls cooperate with the State Department of Highways and Public
Transportation and fulfill its obligation so stipulated in said Minute Order as being
the responsibility of the City.
Moved by Alderman McAlister that Resolution No. 2023 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Russell, Ashbrook, and Mathis
Nays: None (Aldermen Bassett and Ryle were out of the room)
Item 8a
Bids were considered on sanitary sewer service to Friberg Subdivision. It was
recommended that the low bid be awarded to Opex, Inc. , in the amount of $67,506.
RESOLUTION NO. 2024
RESOLUTION ACCEPTING THE BID OF OPEX, INC. FOR THE CONSTRUCTION OF SANITARY
SEWER FACILITIES IN THE G.L. FRIBERG SUBDIVISION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH OPEX, INC. FOR THIS PROJECT.
WHEREAS, on October 12, 1077, at 2:00 P.M. , bids were opened for the construction
of sanitary sewer lines in the G.L. Friberg Subdivision to the City of Wichita Falls;
and,
WHEREAS, two bids on this project were received and opened; and,
WHEREAS, Opex, Inc. submitted the low bid of $67,506.00 for this project; and,
WHEREAS, Opex, Inc. , is found to be a responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The bid of Opex, Inc. to construct sanitary sewer lines in the G. L. Friberg
Subdivision to the City of Wichita Falls which was submitted on October 12, 1977, in
the amount of $67,506.00 is hereby accepted and the City Manager is hereby authorized
to execute a contract with Opex, Inc. for this construction project.
Moved by Alderman McAlister that Resolution No. 2024 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Russell, Ashbrook, and Mathis
Nays: None (Aldermen Bassett and Ryle were out of the room)
Item 8b
Moved by Alderman McAlister that consideration of bids for City View Heights be
postponed until November 1.
Motion seconded by Alderman Russell, and carried unanimously.
tem 8c
Discussion was held on the Eastside Service Center. Alderman Mathis stated he
had not seen a plan or schematic on this structure. Plans were shown by Sid Lambert
and Chuck Dunham of Lambert-Dunham Architects. There is 11,800 square feet in the
building. Alderman Mathis questioned the flat roof, stating that every building we
have which has a flat roof, leaks. There is no overhang of the roof from the outside
walls. It was stated that there is a five-year warranty on the roof. The architects
were hesitant to guarantee the roof. Mr. Dunham stated that they could not watch it in
construction at all times. Mr. Lambert finally agreed that they are responsible for
the design and installation.
Concrete under the chain link fence was also recommended by the Council. Alderman
McAlister felt that the occupants should maintain the outside of the building, as well
as the inside. Mr. Dunham noted the areas in which they reduced costs to get the
475
Item 8c, cont'd.
contract within the amount budgeted. The biggest item was elimination of the parking
lot. It was agreed that concrete under the fence would be added as a change order.
RESOLUTION NO. 2025
RESOLUTION AWARDING CONTRACT TO MEYERS BROS. , INC. FOR CONSTRUCTION OF THE
EASTSIDE NEIGHBORHOOD SERVICE CENTER.
vow
WHEREAS, the City of Wichita Falls advertised for bids to be opened at 3:00
o'clock p.m. on October 6, 1977, for the construction of the Eastside Neighborhood
Service Center; and,
WHEREAS, on October 6, 1977, at 3:00 o'clock p.m. five bids were received and
opened; and,
WHEREAS, the bid of Meyers Bros. , Inc. , in the amount of $402,538.00 was the lowest
bid; and,
WHEREAS, the architectural firm of Lambert-Dunham-Associates has negotiated with
Meyers Bros. , Inc. to adjust the bid to the amount of $378,932.00 with modifications
to the proposed specifications; and,
WHEREAS, Meyers Bros. , Inc. , is a responsible bidder; and
WHEREAS, the funds budgeted for this project are less than the amount of the
low bid, and Meyers Bros. , Inc. has agreed to negotiate the contract amount.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Meyers Bros. , Inc. , in the negotiated amount of $378,932.00 is hereby
accepted, and the City Manager is hereby authorized to execute on behalf of the City
of Wichita Falls a contract with Meyers Bros. , Inc. for the construction of the Eastside
Neighborhood Service Center.
Moved by Alderman Mathis that Resolution No. 2025 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Vltem 9a
A proposed resolution was presented authorizing final payment to M & F Litteken r _._ ,./
1
for Hamilton Park Tennis Center improvements.
RESOLUTION NO. 2026
RESOLUTION ACCEPTING CONSTRUCTION OF CONCRETE SIDEWALKS AT HAMILTON TENNIS
CENTER.
WHEREAS, the City of Wichita Falls and M & F Litteken Co. entered into a contract
dated May 24, 1977, wherein the contractor agreed to construct certain concrete sidewalks
at Hamilton Tennis Center; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, all of the contract price has been paid to the contractor except $2,370.82,
which balance is now due.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, THAT:
The construction of such concrete sidewalks at Hamilton Tennis Center is accepted
by the City of Wichita Falls, and the City Manager is directed to pay to the contractor,
M & F Litteken Co. , the balance of $2,370.82 due under the contract.
Moved by Alderman Ryle that Resolution No. 2026 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
476
Item 9a, cont'd.
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
1 Item l0a
Permission was requested to advertise for bids on alley containers for the Sanitation
Department.
Moved by Alderman Mathis that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item lOb
Permission was requested to advertise for bids on trucks and compaction bodies
for the Sanitation Department.
Moved by Alderman Bassett that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Russell, and carried unanimously.
Item lla
Moved by Alderman Russell that minutes of the meetings of the following boards be
received.
a. Board of Electrical Examiners - October 10, 1977
b. Wichita Falls Traffic Safety Council - September 23, 1977
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 12a
1
Alderman McAlister complimented Mr. Ilschner on his quick action pertaining to
the yield signs on the Kell north frontage road.
i Alderman McAlister inquired what prompted the list of delinquent taxes on attorneys?
f,' ,,° City Attorney H. P. Hodge stated that he had received a request from another member
of the Board of Aldermen.
Alderman Ryle complimented Mr. Ilschner on his removal of the traffic light at
18th and Holliday.
t"
Alderman Ashbrook brought up the subject of holidays for city employees. He
feels that city employees should have two more holidays. He mentioned Good Friday,
since there is presently no holiday between New Year's day and Memorial Day. Veterans
Day and especially Christmas Eve were also mentioned. He commented that it was very
hard on the women employees who have to cook Christmas dinner, when they have to work
right up to five o'clock on Christmas Eve. He requested that the City Manager make a
study of this, and report back to the Council. Alderman McAlister stated that he
feels that in most cases our city employees are perhaps not overpaid, but they are
competitive. Alderman Ashbrook stated that he pays his employees more than the City.
Alderman Bassett suggested that the staff be honored collectively as Employees of
the Month for their many hours of work done on the budget.
The Board of Aldermen adjourned at 3:00 P.M.
PASSED AND APPROVED this lt" day of „Z L //1/, 1977.
C17)-7.4e,i4e;7:/ k 'ATTEST: MAYOR
LI(f-- .ET, -
2-7,e 4._, Vf_:,e/,--,- ,-/
CITY CLERK
6 L /
S . r
EASEhOT AND RIGHT-OF-WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That the City of Wichita Falls , Texas, a municipal corporation of Wichita
County, Texas, for and in consideration of Ten and no/100 Dollars ($10.00) to
us in hand paid by Texas Electric Service Company have granted, sold and conveyed
and by these presents do grant, sell and convey unto the said Company, an easement
of right-of-way for electric transmission and distribution lines, consisting of
variable numbers of wires, and all necessary or desirable appurtenances (including
towers, H-frames or poles made of wood, metal or other materials, telephone and
telegraph wire, props and guys) , at or near the location and along the general
course now located and staked out by said Company, along, over, under, across
and upon the following described lands located in Wichita County, Texas , to-wit:
Being a 10.51 acre tract of land in the J. A. Scott Survey No. 10, Abstract 302,
Wichita County, Texas, and being more particularly described in that certain deed
from Texas Electric Service Company to the City of Wichita Falls, Texas , dated
August 22, 1977, and recorded in Volume Page Deed Records of Wichita
County, Texas.
The easement herein granted being located and described in five tracts by metes and
bounds as follows:
TRACT A
AERIAL EASEMENT)
Being a strip of land 10 feet in width West of and adjacent to the East line of
said 10.51 acre tract e>:tending from the North line of said 10.51 acre trait to
the South line of said 10.51 acre tract.
TRACT B
GUY EASEMENT)"
BEGINNING at a point in the East line of said 10. 51 are tract, said point being
some 70 feet N4°03' E along said East line from the Southeast corner of said 10.51
acre tract;
THENCE in a westerly di-c.ction, at some 20 feet a point of guy anchorage, in all
30 feet to a point.
TRACT C
GUY EASEMENT)
BEGINNING at a point in the most southerly South line of said 10.51 acre tract, said
point being some 54 feet S85°55' E along said South line from the most southerly
Southwest corner of said 10. 51 acre tract;
THENCE in a northerly direction, at some 17 feet passing a point of guy anchorage,
at some 34 feet a point of guy anchorage, in all 44 feet to a point.
TRACT D
TRANSMISSION LINE EASEMENT)
Being a strip of land 30 feet in width, being 15 feet on each side of the following
described centerline.
BEGINNING at a point in the East line of said 10.51 acre tract, said point being some
58 feet N4°03' E along said East line from the Southeast corner of said 10.51 acre tract;
THENCE in a southwesterly direction some 65 feet to an angle point,
THENCE in a southerly direction some 3 feet to a point in the most southerly South line
of said 10.51 acre tract, said point being some 10 feet N85°55'W along said South line
from an angle point in the South line of said 10.51 acre tract.
3
INNING AGAIN at the angle point in said centerline;
THENCE in a northwesterly direction at some 50 feet a point of guy anchorage, in
all 60 feet to a point.
TRACT E
DISTRIBUTION LINE EASEMENT)
Being a strip of land 30 feet in width, being 15 feet on each side of 'the following
described centerline.
BEGINNING at a point in the East line of said 10.51 acre tract, said point being
some 28 feet N4°03' E along said East line from the Southeast corner of said 10.51
acre tract;
THENCE in a southwesterly direction some 158 feet to a point in the most southerly
South line of said 10.51 acre tract, said point being some 110 feet S85°55' E along
said South line from the most southerly Southwest corner of said 10.51 acre tract.
Together with the right of ingress and egress over our adjacent lands to or
from said right-of-way for the purpose of inspecting, maintaining, constructing,
reconstructing, and removing said lines and appurtenances; the right to relocate
along the same general direction of said lines; the right to relocate said lines
in the same relative position to any adjacent road if and as such road is widened
in the future; the right to lease pole space to telephone or .telegraph companies
or governmental bodies for the purpose of permitting these parties to string wire
or other desirable appurtenances on said lines.
The right to remove or prevent the construction of, for a distance of 15 feet
on each side of the actual center of said lines, any or all buildings, structures
or other obstructions which, in the sole judgment of the Company, may endanger or
interfere with the efficiency, safety, and/or convenient operation of said lines and
appurtenances; and the right to trim or cut down trees or shrubbery within, but not
limited to, said 30 foot space, to the extent, in the; sole judgment of the Company,
as may be necessary to prevent possible interference with the operation of said lines
or to remove possible hazard thereto.
The right is reserved by Grantor to use the land- within the 30 foot space above
described for general agricultural , grazing or other purposes not inconsistent with
Grantee' s use of such property provided such use shall not include the growing of
trees thereon or any other use which might, in the sole judgment of the company,
interfere with the exercise by the Company of the rights hereby granted.
In addition to the consideration above recited for the easement and right of 4
way hereby granted, the Company will pay to the owner of the land, and if leased, to
his tenant, as they may be respectively entitled, for actual damages done to fences ,
terraces and growing crops by reason of the construction, maintenance or removal of
said lines; provided, however, that no such payment will be made for trimming or removal
of trees from said land, nor for removal of trees or other obstructions from such 30
foot space after said line is constructed, as hereinabove provided.
TO HAVE AND TO HOLD the above described easement and ris_ihLs unto the said Company,
its successors and assigns, until said lines shall be abandoned.
If the construction of the facilities to be erected and located under the terms
of this grant is not begun within 15 years from the date herenf, this grant shall
thereupon terminate and all rights and interests hereunder shall revert to grantor,
his heirs and assigns.
And we do hereby bind ourselves, our heirs and legal representatives, to warrant
and forever defend all and singular the above described easement and rights unto the
said Company, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
WITNESS our hand this day of 1977.
City of Wichita Falls, Texas
ATTEST: By:
0
City Secretary
ANI) PUBLIC / st'\NSl'()h I'A I ION
tlIdurrA
t,tttnt,
13 l \ J I Y
l
i O1(DI Page f. 1DialriclNo.
In WICHITA COUN1'j a FARM TO MARKET ROAD is hereby designated extendingfromWichitaFa71L. East City Limit at Cottonwood Road and Harding Street,East along Harding Street to proposed Farm to Market Road at Clay CountyLine, a distance of approximately 1.4 miles, subject to the condition
that Wichita County and the City of Wichita Falls will furnish all re-
quired right of way clear of obstructions and free of cost to the State
and acquisition procedures will be in accordance with applicable Federal
and State laws governing the acquisition policies for acquiring real pro-perty.
At such time as Wichita County and the City of Wichita Falls shall accept
the provision of this Order and agree to the furnishing of the requiredrightofway, the Engineer-Director is directed to proceed with the en-gineering development, Relocation Assistance at an estimated cost of3,000, and construction of the project in the most feasible and economi-cal manner at an estimated cost of $142,200 as authorized in the 1977TexasFarmtoMarketRoadandSaferOffSyatemRoadsProgram, and to
assume the road for State maintenance upon completion of the construction.
This Order is subject to acceptance by Wichita County and the City ofWichitaFallsandifnotacceptedwithin90daysofthedatehereof, theactionhereincontainedshallbeautomaticallycancelled.
subuulled by
I(\;unined ,Intl Ict tmunentled by.
711x)
A t ti t'd Ati+itit,utt 1 ningeerl)ireelorProgramEngineerll
Engineer I li rxxlttr
Apprrved.
ttnitnt'.,tttnw Montle Number 73407
ownm,•.umrt I).ilc l',i„td
SEP 2a 77
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