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Min 11/01/1977479 Wichita Falls, Texas Memorial Auditorium Building November 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 X Fred E. Bassett X Carol Russell Aldermen Ray Ashbrook I W. E. Ryle I Jerry Mathis I Robert D. Haley Assistant City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Melvin Bradley, Minister of Education of the First Baptist Church. Item 3 Moved by Alderman Russell that minutes of the meeting held October 18, 1977, be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 4a The public hearing was opened on hazardous structures. Housing Code Enforcement Officer Preston McBee requested that the property belonging to Raymond J. Grube and Homer B. Yarbrough be removed from the ordinance because the deficiencies have been taken care of. No one else desired to be heard, and the hearing was closed. ORDINANCE NO. 3246 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 Bassett that Ordinance No. 3246 be passed, deleting the above mentioned properties. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 1 Item 4b The public hearing was opened on the 1977 Assessment Paving Program and Phase I of the 1977 Reconstruction Paving Program. Mayor Boyd read letters from four property owners who were unable to be present for the hearing. The first was from J. C. Melcher, Jr. for property belonging to Mrs. W. M. Ford located on Edgehill Street, known as Lot 4, Block Q, City View Heights. The letter stated that she is unable to pay it, and has tried to sell it, but has been unsuccessful. A letter from Sam Gibbs for property on Edgehill and Grandview South stated that he was aware that paving would increase the value of the property, but questioned the amount. Mrs. W. A. Goad stated in her letter that she is unable to pay the assessed amount. Her property is located on View Park. 480 Item 4b, cont'd. Herman E. Tinsley objected to the paving of Greenridge Street because he considered the cost excessive, and stated that it appeared that the benefit would be for someone other than the property holder. Bill Fortune, 1618 Christine, appeared regarding his property on Longview Street. He stated that he has been harassed by the City in mowing his lot. He feels it is worth about $50, and cannot find anyone who wants to buy it. He stated it was appraised at $520. A law firm has a client who wants to purchase it for $500. His assessment is $812, and he does not feel it would improve the lot in that amount. Mayor Boyd noted that the Council made a decision some years ago to pave all city streets. It seems we are now in an area where people do not want the streets paved. Ernest Lillard stated that land in this area is one of the best building sites in the city. The reason it is not developed is because there is no water or sewer service there. They have been petitioned to improve this property by a majority of the property owners in the area, who own 60 to 70 percent of the property. City Attorney H. P. Hodge stated that water and sewer lines are being built into this area. The water, sewer, and paving should improve the value of the area. It was pointed out that water and sewer will not cost anything until they are ready to tie on to it. Mr. Lillard stated that the sewer line is already in, and the contract for the water line is on today's agenda. Sammy Padilla, 1606 Phoenix, appeared regarding his property on Crestview Street, Wrangler, Grandview East, and Hillsboro. He inquired why eight percent interest is charged? Mayor Boyd stated that payment is due when the paving is completed. Cash can be paid instead of borrowing, but the interest is charged if they choose not to pay cash. Ernest Lillard pointed out that the City has an investment of 40 percent in all this property. The property owner is paying 60 percent of the cost. Ernest Lillard stated that several years ago realtors had told him that ten percent of the price of a house is in the lot. It is probably more now. He further stated that on property located very near this area, and similar building conditions, the two appraisers told them three or four months ago that it would definitely enhance the property more than the assessment. Mayor Boyd explained that if the property owners are not satisfied with the Council's decision, then they have an opportunity to appeal their decision to the Courts. Mr. Fortune stated that he paid $800 for the property twenty-five years ago, and now he has had an offer to sell for $500 if he pays all the expenses. He does not see how property is going up. He believes he has $1000 invested in it. Alderman McAlister noted that all we are concerned with today is will the cost of the improvements enhance the property in the amount of the assessment? Alderman Mathis asked if he did not ever want the property developed? Mr. Fortune stated that he would like to sell it. Mayor Boyd stated that what we are up against is finding someone to prove that their appraisal is wrong. In the last seven or eight years there have only been two people who have been successful in this appeal. Mr. Padilla suggested that the Council reduce the assessment. It was pointed out by Ernest Lillard that property values are verified with the Tax Department, but no additional appraisers were hired. The property on Fairfax was appraised by two independent appraisers. Alderman Ryle suggested that perhaps a solution to this problem is to hire two independent appraisers to appraise these properties which have been appealed. Alderman McAlister pointed out that in the last appraisals the non-improved property was not lowered. Mr. Padilla explained that he has some improvements on his property. A, Jimmy Horany, Attorney and Real Estate Agent, appeared for the North Congregation of Jehovah Witness Church. The Church is in the process of building property fronting on the access road. He also appeared for Mr. Frerich, who objected to the paving of Crestview and Grandview West. Mr. Frerich stated if all of it were paved, he would have to pay for three sides. Mr. Horany stated that the Triple S Development Company has promoted this development. Mr. Lillard stated that they are property owners. Mr. Horany explained that Mr. Frerich and the Church both state that the amount of the assessment would not enhance the property that much. He suggested that this matter be held in abeyance until an appraisal is made. He stated that he has tried to sell the property for the past two months. The most recent objection has been to no water or sewer service. Mr. Lillard stated that Triple S Company put up all the front money for water and sewer extensions. Alderman Ryle inquired into the cost of two appraisers, and Mr. Lillard estimated three to four hundred dollars each for an over all appraisal. Alderman Mathis stated that what would be fair would be for the City to pay the cost of the appraisal if we are wrong, and if the property owners are wrong, then those 481 Item 4b, cont'd. who protested should pay the cost of the appraisal. Mrs. Calvin J. Ellis, 1014 Sunset Lane, appeared in regard to her property located on the corner of Grandview East and Hillsboro. She inquired how they would know where they could put in a driveway? Mr. Lillard explained that the contractor would put it where they wanted it. It was her feeling that the water and sewer facilities should go in first, and the paving later. She stated that getting an appraiser would be fair enough. 0. T. Caldwell, Marble Falls, Texas, appeared regarding Lot 8, Block P on Edgehill and Grandview East, in the name of Mary Caldwell. He inquired how wide the pavement would be, and Mr. Lillard explained that it would be 30 feet wide. He also inquired into the cost of sewer and water connections. Mrs. Padilla stated that if the people who are going to build would explain it to them, they would feel better about it. It was noted that Triple S Company has about a quarter of a million dollars invested in water and sewer lines. Y ORDINANCE NO. 3247 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1977 ASSESSMENT PAVING PROGRAM AND PHASE I OF THE 1977 RECONSTRUCTION PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3247 be passed, and that we hire two v independent appraisers to appraise the property of those who protested today, and that the time frame for appeals be adjusted accordingly. Motion seconded by Alderman Ashbrook. A substitute motion was moved by Alderman Mathis that Ordinance No. 3247 be passed, with the stipulation that the cost of appraisal on those properties in which the City was right be paid by the property owners, and if the property owners are right, the cost of appraisal will be paid by the City. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Alderman McAlister, Bassett, Russell, and Mathis Nays: Aldermen Ashbrook and Ryle Alderman Ryle questioned the legality of this action. Alderman Ashbrook asked Mr. Jack Banner, an attorney in the audience, for his opinion. Mr. Banner questioned the basis of the validity of the ordinance unless a prior appraisal had been made. Moved by Alderman Ryle that we reconsider the previous motion. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ashbrook, and Ryle Nays: Aldermen McAlister, Bassett, and Mathis Moved by Alderman Ryle that Ordinance No. 3247 be passed, and that we hire two independent appraisers to appraise the property of those who protested today, and that the time frame for appeals be adjusted accordingly. Motion seconded by Alderman Ashbrook. Ernest Lillard explained that he looks at the property and checks with the Tax Department for values. They do not go to the cost of hiring an outside appraiser unless requested by the Council. He stated that they would be glad to hire appraisers each time if that is the Council's desire. Alderman Mathis stated that if the property is developed it will increase in value. The City will be paying forty percent of the cost. Alderman Bassett stated that he feels 482 Item 4b, cont'd. we are destroying the credibility of the Tax Department. Alderman Mathis noted that this is a large undeveloped area of the city. The motion was carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ashbrook, and Ryle Nays: Aldermen McAlister, Bassett, and Mathis Moved by Alderman Mathis that the Tax Department be instructed to make a formal written appraisal on all property in future programs. Motion seconded by Alderman Ryle, and carried unanimously. V Item 5a The public hearing was opened on Skateboard Hill. Kevin Connors, 4034 Gossett, appeared as owner of Skateboard Hill. He handed to each Council member a lengthy presentation, which he read. He outlined the series of events which have occurred from March through October this year in relation to his operations. He stated that the growth attitude toward new businesses is not present in City Hall as it is in the Board of Commerce and Industry. He requested reimbursement by the City for their loss in cement costs, and for removal of the cement from the property. He explained that had he known a permit to operate was necessary, he would have tried to get the required signatures of property owners within 100 feet before approaching the landlord for a lease. Mayor Boyd stated that this is one of the most thoughtful presentations which has come to their attention in quite some time. He stated that he had asked Alderman Ashbrook to be chairman, and Alderman Ryle to serve with him as a committee to study this matter, and the previous matter concerning the water going down the chimney of a home. He requested that the committee report back with their recommendations. David Stanley, 4612 North Shore Drive, presented a petition to the Council registering their protest to a possible waiver of the ordinance in possibly allowing this business to re-open in this area. He stated that the ordinance was originally enacted to outlaw outdoor businesses in a residential area. If a waiver is granted would it be for just skateboard hill, or perhaps a go-cart track? He feels the ordinance was designed to cover safety hazards. Most of the time when he has been there at 5:00 or 5:30 there have been from one to three cars parked along the curb; bicycles, and children skating in the middle of the street. He feels the dirt hill should be dropped, no matter whether the City or Mr. Connors does it. Robert Erdmann, 4600 Meadowlake, stated that he has been a homeowner there for ten years, and is the nearest homeowner to skateboard hill. He stated that he had made a complaint to Mr. Vaden, a police officer living in the area. Last night there were children running up and down the concrete hill, and kids climb over the fence. He feels no one should be allowed to operate a business like that in a residential neighborhood. It devalues his home. v Item 5b J. I. Ginnings, 5201 Lake Park Drive, appeared regarding a proposed location of a neighborhood liquor store at South Lake Park Drive and Southwest Parkway on the South side of Southwest Parkway. It is located across the highway from Funland, which is a family park and a source of revenue to the City, and could possibly impact some of this revenue. He also mentioned the kid fishing hole and play area around it. He feels the City would want to preserve the family atmosphere of this area. The traffic department might also be interested in this because of the hazard of the sharp turn off Southwest Parkway. He also noted that boy scout groups use the Field and Stream building for meeting space. There is a business located on South Lake Park Drive, which is the Circle R Riding Stable. Young girls and small children use this facility. He believes the City would have a vested interest in taking a stand in opposing this application for a liquor store permit. He requested that a representative of the City oppose this when it comes before the County Judge at the proper time. Roger McKinney, Acting Director of Planning, noted that a liquor store in this location must be located within 200 feet of the right-of-way of a state highway, and not within 300 feet of a church, school, or hospital. Mr. Ginnings noted that as far as he can tell, the owners have complied with the ordinance, and he is not addressing this aspect at all. City Attorney H. P. Hodge stated that he did not see any legal reason why the City could not take a stand against it at the hearing. He did not know about other political reasons. Alderman Ryle inquired if Mr. Hodge could determine if the City does in fact 483 Item 5b, cont'd. have any interest in it, and come back with a report to the Council? Jack Banner, Attorney, appeared in opposition to the position taken by Mr. Ginnings. The proposed location is in conformity with the ordinance adapted by the Council, and also in conformity with state regulations. He stated that this location is 320 feet from Mr. Ginnings' house, and 850 feet from the entrance to Funland across Holliday Creek. It is East of Schlumberger, and 400-450 feet to the Field and Stream Building. He stated that any business looks to consistency of the application of the laws of the City. If the City government is going to take a stand against laws and ordinances which they have voted, this throws open the door to what anyone can do to plan. The principle involved is whether a local businessman or large corporation can plan in advance and believe that the City is going to honor its lawful ordinances and commitments. The City has no business taking a position on anything other than in this governmental body. Alderman Ryle inquired if he thought the City has no right or basis to apFeal a rate case before the Public Utility Commission? Mr. Banner stated that they did, and clarified that he meant in another governmental body as far as their ordinances are concerned. Alderman Ryle desired a report to know whether we have a legal basis or interest to go before any other body. Alderman Ashbrook inquired of Mr. Ginnings if he should not be going to the County Judge at the proper time, and Mr. Ginnings stated that he would do that, but he feels perhaps the City may also have some vested interest. He stated that he lives more than 320 feet away, but he would challenge the 850 feet figure. He stated that the Council must take a public interest in the interest of the City. V Mr. Ginnings also spoke to the question of the priority of the Holliday Creek project. He suggested that the City put its own numbers to the program outlined by the Corps of Engineers, and see if we can do this with our own resources. Today's cost will be less than the inflated cost ten years from now. We built Lake Arrowhead, and it seems incredible that we could not manage Holliday Creek ourselves. If we cannot afford to spend what is estimated to be one-third of the tax value for damage caused by a possible dam break, how can we afford to spend what we did to save downtown? He believes the figures determined by local contractors would be substantially less than the Corps of Engineers figures. Alderman Mathis stated that he shares a lot of Mr. Ginnings' views. A great portion of the cost is land, and we own a lot of the land. He is willing to go ahead with it. A lot of the engineering work has already been done. Alderman Ashbrook stated that some people feel that it needs to be looked into further before a decision is made. Alderman Russell supported the Council looking into it. It was necessary for Alderman Bassett to leave at 11:45 to attend the final United Fund report meeting. He returned at 1:20. Item 7b A request was presented for waiver of lot size and frontage requirements on a certain proposed lot in Eureka Plaza Addition. Spencer Crouch appeared as Attorney for the April 15th Corporation, representing Brian Baxter and Jim Kapelski. The building is an office complex. It would be similar to a shopping center with common areas to be controlled by parties owning the tract. The Planning Board recommended approval of the waiver; however, the Planning Division did not concur with their decision. The lot would not have minimum lot area or front on a public street. Mr. Crouch explained the proposed development plans, and stated that the Director of Planning is concerned with access of fire trucks, etc. He stated that this is not a valid concern because of the easements running with the land. Another concern was the setting of a precedent. Even if this is true, it does not mean that it is bad. He stated that this is a sophisticated planned development. ORDINANCE NO. 3248 AN ORDINANCE WAIVING MINIMUM LOT SIZE AND FRONTAGE REQUIREMENTS ON A CERTAIN PROPOSED LOT IN THE EUREKA PLAZA ADDITION OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman McAlister that Ordinance No. 3248 be passed, granting the waiver. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None 484 The Board of Aldermen recessed from 12:30 to 1:00 P.M. 4/Item 6a Proposed ordinances were presented making appropriations for enterprise funds which had neither been received or billed on September 30, 1977. Funds include Airport Revenue ($24,349.69) , Transit ($58.33) , and Water and Sewer Revenue ($11,754.12) . eORDINANCE NO. 3249 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3249 be passed. Motion seconded by Alderman McAlister, and carried by .the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None f ORDINANCE NO. 3250 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBERS , LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3250 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3251 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3251 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 7a A proposed ordinance was presented changing certain project numbers in a previous ordinance, due to computer processing problems. ORDINANCE NO. 3252 AN ORDINANCE AMENDING ORDINANCE NO. 3240, CHANGING CERTAIN OF THE PROJECT NUMBERS. Moved by Alderman Ryle that Ordinance No. 3252 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 7c City Attorney H. P. Hodge explained that the local court has ruled against the City / '" in the hearing brought by Charlotte Abell and Thurman Johnson regarding the manner in which measuring is done to arrive at distances from churches, schools, and hospitals in which alcoholic beverages may be sold. Mr. Hodge stated that he feels if we appeal the decision of the local court that we would have some chance of winning. Moved by Alderman Mathis that we appeal the decision. Motion seconded by Alderman Ryle, and carried unanimously. 485 Item 7d A proposed ordinance was presented changing the date of the last council meeting in November to the twenty-second. ORDINANCE NO. 3253 ORDINANCE CHANGING DATE OF LAST MEETING OF BOARD OF ALDERMEN IN NOVEMBER. Moved by Alderman Russell that Ordinance No. 3253 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: None item 8c Discussion was held on tennis fees, policies, and professionals' contracts. Alderman Russell inquired if it is left up to the tennis pros as to what they charge for giving lessons? Bill Hursh stated that it was. She was concerned that if their contracts required them to give the City ten percent of what they make that they would raise their prices for lessons, and make it difficult for the children to be able to i afford to take lessons. Alderman Mathis inquired about the one and one-half hour limit on doubles. Mr. Hursh stated that none of the cities contacted had gone to that practice. RESOLUTION NO. 2029 RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective November 1st, 1977: Family, Annual $85.00 Adult, Annual $50.00 Student, Annual $25.00 Daily Court Fees $ 1.00 1 1/2 hr. per person weekdays. 1.25 1 1/2 hr. per person weekends and holidays. Evening Fees 1.25 1 1/2 hr. per person beginning at 8:00 P.M. March through October, beginning at 6:30 P.M. November through February. League Fees 1.00 per person league fee plus a court fee for each day of league play. Tournament Fees $1.00 per person per tournament (the only tournaments exempted from this fees are the MSU Fall Tournament, Wichita Falls Junior & Senior High School Tournaments, and the Southwest Junior and Senior Tournaments. SECTION 2. All resolutions in conflict with this resolution are hereby repealed insofar as they conflict. Moved by Alderman Ashbrook that Resolution No. 2029 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen Russell, Ashbrook, Ryle, and Mathis Nays: Alderman McAlister RESOLUTION NO. 2030 A RESOLUTION APPROVING CONTRACTS WITH JOHNNY SIMMONS AND JON BROTHERTON AS TENNIS PROFESSIONALS FOR THE CITY OF WICHITA FALLS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR THE CITY. 486 Item 8c, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The contracts with Johnny Simmons and Jon Brotherton for employment as tennis professionals and for leases of the tennis pro shops at Hamilton Park Tennis Center and Weeks Park Tennis Center respectively, a copy of which contract is attached hereto, are hereby expressly approved and the City Manager is hereby authorized to execute the same for the City of Wichita Falls. Moved by Alderman Mathis that Resolution No. 2030 be passed, and that the contract percentage which the city receives for tennis lessons be five percent instead of ten percent. Motion seconded by Alderman Russell. Alderman Ryle questioned this action in making it self-supporting. The motion was carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, and Mathis Nays: Aldermen Ashbrook and Ryle v Item 8a A proposed resolution was presented authorizing pre-application to the Federal Aviation Administration for Municipal Airport terminal expansion funding for a security holding room after the screening process has occurred. RESOLUTION NO. 2031 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A REQUEST FOR FEDERAL AID FOR EXPANSION OF MUNICIPAL AIRPORT TERMINAL. WHEREAS, the City of Wichita Falls has a need to expand the Wichita Falls Municipal Airport Terminal to include a security holding room for use in the screening and security processing of commercial airline passengers; and, WHEREAS, the approximate cost for such improvements is $16,000 of which it is expected that the Federal Aviation Administration will furnish fifty percent (50%) being approximately $8,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to complete and file a request for aid for such grant with the Federal Aviation Administration; The City Manager is further authorized to sign any necessary documents, including the grant agreement, required to carry out and complete such grant on behalf of the City. Moved by Alderman Ryle that Resolution No. 2031 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 8b A proposed resolution was presented authorizing the City Manager to employ the architectural firm of Killibrew-Rucker and Associates for Municipal Airport terminal expansion project. vRESOLUTION NO. 2032 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH KILLEBREW/RUCKER/ASSOCIATES, ARCHITECTS, FOR PREPARATION OF PROJECT PLANS FOR SECURITY HOLDING ROOM ADDITION AT WICHITA FALLS MUNICIPAL AIRPORT. 487 Item 8b, cont'd. WHEREAS, the City is preparing to began a project involving the addition of a security holding room at the Wichita Falls Municipal Airport; and, WHEREAS, specifications and project plans in addition to other professional architectural and engineering services will be required in order to proceed with the security holding room improvements; and, WHEREAS, the architectural firm of Killebrew/Rucker/Associates, Architects, is willing to enter into a contract to perform these architectural and engineering services for the City; and, WHEREAS, the Firm of Killebrew/Rucker/Associates, Architects, is acceptable to the City of Wichita Falls for the performance of the required architectural and engineering services under the security holding room improvements at Wichita Falls Municipal Airport. 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 a professional services contract, a copy of which is attached hereto, with Killebrew/Rucker/Associates, Architects, for the rendering of architectural and engineering services in connection with the security holding room improvements at the Wichita Falls Municipal Airport. Moved by Alderman Ryle that Resolution No. 2032 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Alderman Russell noted a recent newspaper article in which the City Manager noted that air service has declined in Wichita Falls, and she presented a proposed resolution designed to improve air service to Wichita Falls by authorizing the Aviation Advisory Board to make a feasibility study and/or an application to secure landing rights for the Concorde. vRESOLUTION NO. 2043 RESOLUTION TO IMPROVE AIR SERVICE TO WICHITA FALLS, TEXAS BY MAKING APPLICATION FOR SECURING OF LANDING RIGHTS FOR THE CONCORDE AIRCRAFT. WHEREAS, the Board of Aldermen are disturbed about declining air service to and from Wichita Falls; and, WHEREAS, much of Wichita Falls' leadership in the past was marked by boldness and innovative thinking; and, WHEREAS, the City of Wichita Falls possesses unique facilities for aircraft whose capabilities could be maximized; and, WHEREAS, the Wichita Falls Municipal Airport is located some distance from areas of greatest population density; and, WHEREAS, Wichita Falls is conveniently located close to the large consumer market area of the Dallas-Fort Worth metroplex. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Aviation Advisory Board is authorized to study the feasibility of and/or make application to the appropriate agencies for the securing of landing rights for the Concorde. Moved by Alderman Russell that Resolution No. 2043 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman Bassett Various members of the Council complained about Rio's air service, and baggage not connecting. Alderman Mathis stated that he would like to get Southwest Airlines to land here, as they overfly us. Ed Ilschner noted that he had just recently taken over airport activities, but that he pledged his support in making our airport operation 488 Item 8b, cont'd. and service more satisfactory. Alderman Ryle stated that he felt the City should buy the runway at Kickapoo Airport in order that we will be able to apply for federal funds to improve it. This is where businessmen come into Wichita Falls. Aldermen McAlister and Mathis agreed with this thinking. Mayor Pro tem Mathis took over the chair as Mayor Boyd and Alderman Ryle left to attend the funeral of former mayor, Dick Rancier. Alderman Ashbrook spoke to the matter of the Council meetings lasting so long, stating that if some of the Council members don't run again, this may be the reason. He feels that if anything can be done to speed up the meetings then we should do it. Item 8d 4W A proposed resolution was presented calling a public hearing on the 1977 Annexation Program. RESOLUTION NO. 2033 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 8:30 o'clock a.m. on the 22nd day of November, 1977 at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings, annexing the following described lands: A tract of land located in Denton County School Lands, League 1, A-58 and Denton County School Lands, League 2, A-57, Wichita County, Texas, and shown on the attached plat as Tract I. A tract of land located in the Lewis Wells Survey, A-323, Wichita County, Texas, and shown on the attached plat as Tract II. SECTION 2. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1) time in a newspaper having general circulation in the city and in the territory to be annexed, not more than twenty (20) days nor less than (10) days prior to the hearing. Moved by Alderman Bassett that Resolution No. 2033 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman McAlister Item 8e A proposed resolution was presented approving renewal of land license agreement for spur railroad track at Sheppard Air Force Base for twenty-five years. RESOLUTION NO. 2034 RESOLUTION APPROVING LAND LICENSE AGREEMENT TO THE UNITED STATES ON RAILROAD RIGHT-OF-WAY FOR RAILROAD SPUR TO SHEPPARD AIR FORCE BASE. WHEREAS, about the year 1941 the City of Wichita Falls acquired a strip of land containing 5.88 acres, more or less, for a spur railroad right-of-way to Sheppard Air Force Base; and, WHEREAS, the City of Wichita Falls executed with the United States of America a certain license agreement dated December 31, 1952, authorizing the Government to make non-exclusive use and occupancy of such land for the purpose of a railroad spur track right-of-way for providing rail service to Sheppard Air Force Base for a term of twenty-five years, beginning December 31, 1952 and ending December 31, 1977, and renewable upon the same terms and conditions for like periods thereafter at the option of the Government; and, WHEREAS, the United States desires to renew this license agreement. 489. Item 8e, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The renewal of that certain land license agreement dated December 31, 1952, between the City and the United States, covering such railroad spur track right-of-way, is hereby approved for a term of twenty-five years, beginning December 31, 1977, through and ending December 31, 2002; the City Manager is hereby authorized to execute the necessary instrument to effect this renewal. Moved by Alderman Bassett that Resolution No. 2034 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 9a Bids were considered on vending concession contracts. A lengthy discussion was held on the procedures and merits of the bidding process. Bids were first received on October 7, and again on October 24. Bobby Dunn appeared representing Industrial Vending Company. He stated that he presently has the contract with the City. He was upset about going out for re-bids after his previous bid had been exposed. He stated that he had heard that their service was not adequate, and the products were not good. He met with the Assistant City Manager and told him that he wanted to do something about the service which was not satisfactory. The only reason why the second bids went out was because of the City's concern of the operation of the blind. He was concerned that his bid was not accepted or rejected. He stated that his original bid would stand except for operation of the coffee shop and auditorium shows. All soft drinks would be given to a bottling company, except the police station, which was given to Snak Time Foods. He feels that the bidding process was not handled correctly from the beginning. Robert Haley, Assistant City Manager, stated that they had received a bid from the Commission for the Blind for the Memorial Auditorium concession, including shows. He desired to look into their operation to see if they could handle it. After the bids were received they went to the other bidders to see if they would be interested in the operation of all of it except the coffee shop. Mr. Haley stated that if the bids had been awarded at that time, Mr. Dunn would not have been given the contract because of poor performance. That is the only reason that they recommended the other company be given the contract. Mr. Dunn stated that he did not know until yesterday at 11:20 that he would not have been given the bid, and that if he had known it he would not have agreed to extend his operation until November 18. Alderman Russell inquired and Mr. Dunn stated that he was not notified in writing of any indication of dissatisfaction. Alderman McAlister inquired what he bid on in his original bid, and he stated all of it, and that he bid on everything on the second round. Alderman McAlister inquired why Industrial Vending's bid was not shown under beverages? Administrative Assistant John Koerner stated it was not competitive. The coffee shop and auditorium shows were excluded from the second bid. Mr. Haley noted that Industrial's first bid was $165 more than the bid of Snak Time. Mr. Koerner explained that when we received the first bid on October 7 it was his recommendation to accept the combined bid of Coca Cola and Snak Time. The Commission for the Blind was not interest in providing a full line of service, and if they split up the services they should rebid it. Alderman McAlister stated that he feels we have botched up the bidding process, and this is what bothers him. Alderman Russell stated that it seems that the Commission for the Blind did not respond according to the guidelines originally set out. She is in sympathy with them, but they could not meet the guidelines. She inquired of Mr. Haley why he feels the award of this contract should allow for a more efficient operation, and he stated that he feels the service would be better. Alderman McAlister asked who was the best bidder on October 7? Mr. Koerner stated that it was Industrial Vending in terms of money, but they indicated service as needed, and Snak Time indicated they would provide service on a daily basis. Mr. Dunn noted that some buildings are not open on a daily basis, and they would serve those machines as needed. Service could not be provided on a daily basis if the machines do not provide enough income. 490 Item 9a, cont'd. VRESOLUTION NO. 2035 RESOLUTION ACCEPTING BID OF STATE COMMISSION OF THE BLIND FOR FURNISHING VENDING MACHINE OPERATIONS AT MEMORIAL AUDITORIUM BUILDING. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for furnishing vending machine operations at various City facilities; and, WHEREAS, four bids were received, and it is found that the bid of the State Commission of the Blind is the best bid on the furnishing of vending machine operations and concession services at Memorial Auditorium Building. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of the State Commission of the Blind is hereby accepted, and the City Manager is authorized to execute a contract with the State Commission of the Blind for the furnishing of vending machine operations and concession services at Memorial Auditorium Building for a period of two years. Moved by Alderman Bassett that Resolution No. 2035 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Russell, and Mathis Nays: Alderman McAlister A motion was made by Alderman McAlister and seconded by Alderman Russell to award the bid to Industrial Vending for services at city facilities other than Memorial Auditorium. Mr. Dewain Roy, with Coca Cola Bottling Company, stated that they are in agreement with the Blind Commission bid. Other than the police station and auditorium it falls into vending machines only. They guarantee $1.05 per case instead of seventy cents by not having to pay an attendant. Mr. Koerner stated that every effort was made in fairness to all bidders. Mayor Boyd and Alderman Ryle returned. Hal West appeared for Snak Time Automatic Foods, stating that they were led to believe that their bid was the best bid on October 7. He stated that he had heard complaints from some of these places, but Mr. Dunn may not know about them. He feels the first bid of Snak Time/Coca Cola is the best. He stated that he did not know what Industrial's bid was. Earl Denny appeared as President of Coca Cola Bottling Company, stating that he believes Mr. Koerner has a list of complaints. John Koerner stated that he did have a list, but that Mr. Denny has not seen it. Mayor Boyd and Alderman Ryle left the room because they felt they had not heard enough of the discussion to know how to cast a vote. The motion to award the bid to Industrial Vending was lost because of a lack of four affirmative votes, as follows. Ayes: Aldermen McAlister and Russell Nays: Aldermen Ashbrook and Bassett RESOLUTION NO. 2036 RESOLUTION ACCEPTING THE BID OF SNAK TIME AUTOMATIC FOODS FOR FURNISHING VENDING MACHINE OPERATION SERVICES AT CERTAIN CITY FACILITIES. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for furnishing vending machine operation services at various city facilities; and, WHEREAS, four bids were received, and it is found that the bid of Snak Time Automatic Foods is the best bid for the furnishing of vending services at certain city facilities, to-wit, the Police Headquarters Building (to include exclusive rights to both soft drinks and food services) , the Central Garage Building, the Bus Barn Building, the Health Unit Building, the Sanitation department Building, the Street Department Building and the Park Maintenance Barn; and, WHEREAS, four bids were received, and it is found that the bid of Snak Time Automatic Foods is the best bid for the furnishing of certain vending services, including 491 Item 9a, cont'd. candy, snacks, coffee, hot chocolate, fresh food, milk and cigarettes from coin- operated vending machines at those locations designated above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Snak Time Automatic Foods is hereby accepted and the City Manager is authorized to execute a contract with Snak Time Automatic Foods for the furnishing of certain vending machine operation services at the Police Headquarters Building (to include exclusive rights to both soft drink and food, candy, cigarettes, coffee, etc. , services) , the Central Garage Building, the Bus Barn Building, the Health Unit, the Sanitation Department Building, the Street Department building and the Parks Maintenance Barn, for a period of two years. Moved by Alderman McAlister that Resolution No. 2036 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Alderman McAlister, Bassett, Ashbrook, and Mathis Nays: Alderman Russell RESOLUTION NO. 2037 RESOLUTION ACCEPTING BID OF COCA-COLA BOTTLING COMPANY OF WICHITA FALLS FOR FURNISHING SOFT DRINK VENDING SERVICES AT VARIOUS CITY FACILITIES. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for furnishing vending machine operations at various city facilities, including the Central Garage facility, the Bus Barn facility, the Health Unit facility, the Sanitation Department Building, the Street Department Building and the Park Maintenance Barn; and, WHEREAS, four bids were received, and it is found that the bid of Coca-Cola Bottling Company of Wichita Falls is the best bid for furnishing soft drink vending services at those city facilities mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Coca-Cola Bottling Company of Wichita Falls is hereby accepted and the City Manager is authorized to execute a contract with Coca-Cola Bottling Company of Wichita Falls for the furnishing of soft drinks and soft drink vending machine operations at the Central Garage facility, the Bus Barn facility, the Health Unit Building, the Sanitation Department Building, the Street Department Building and the Park Maintenance Barn. Moved by Alderman Ashbrook that Resolution No. 2037 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, and Mathis Nays: Alderman Russell Alderman Mathis stated that this is another situation where the bidding process was badly handled. This has occurred in almost every one which we have had in the last three or four months, and he is getting tired of it. The length of council meetings was again brought up. Alderman Ashbrook stated that this is the reason he is requesting a study from the City Manager to try to speed them V up. He does not want to cut any citizen off. Alderman Bassett inquired if it is necessary for the Council to review a matter like we just finished, and Gerald Carlson stated that it is in the best interest of the City to get the most revenue. Alderman McAlister feels that the most time spent today was in letting the citizens have their say. Alderman Bassett suggested that perhaps we should give them a time limit. Mayor Boyd stated that our meetings are longer, but more of the discussion is taking place in the council meeting rather than in a work session previously. He feels there are more people attending these council meetings than in the past. Alderman Ryle stated he does not favor reducing the time of any citizen who comes before this Board. Item 9b A proposed resolution was presented awarding the bid for water treatment plant waste disposal facilities. 492 Item 9b , cont'd. RESOLUTION NO. 2038 RESOLUTION AWARDING CONTRACT TO POWER BUILDERS, INC. FOR CONSTRUCTION OF JASPER STREET WATER TREATMENT PLANT WASTE DISPOSAL FACILITIES. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of Jasper Street Water Treatment Plant Waste Disposal Facilities; and, WHEREAS, two bids were received, and it is found that Power Builders, Inc. , who bid $769,000.00 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Power Builders, Inc. in the amount of $769,000.00 is hereby accepted, 0. and the City Manager is authorized to execute for the City of Wichita Falls a contract with Power Builders, Inc. for the construction of such improvements. Moved by Alderman Mathis that Resolution No. 2038 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 9c A proposed resolution was presented awarding the bid for water facilities to City View Heights Addition. RESOLUTION NO. 2039 RESOLUTION ACCEPTING THE BID OF BOWLES CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF WATER SERVICE FACILITIES IN THE CITY VIEW HEIGHTS ADDITION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOWLES CONSTRUCTION COMPANY FOR THIS PROJECT. WHEREAS, on October 13, 1977, at 10:00 o'clock A.M. , bids were opened for the construction of water service lines in the City View Heights Addition to the City of Wichita Falls; and, WHEREAS, two bids on this project were received and opened; and, WHEREAS, Bowles Construction Company submitted the low bid of $138,254.32 for this project; and, WHEREAS, Bowles Construction Company 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 Bowles Construction Company to construct water service lines in the City View Heights Addition to the City of Wichita Falls which was submitted on October 13, 1977, in the amount of $138,254.32 is hereby accepted and the City Manager is hereby authorized to execute a contract with Bowles Construction Company for this construction project. Moved by Alderman McAlister that Resolution No. 2039 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Alderman Bassett stated that we are being very inconsistent in spending 120 seconds in awarding bids for nearly one million dollars, and one and one-half hours on something which will bring us $4,000. He emphasized that he wants to go on record on this point. Alderman McAlister stated that it is the process which is involved. 493 Item 10a A proposed resolution was presented approving final payment for fencing contractor V at Hamilton Park. RESOLUTION NO. 2040 RESOLUTION APPROVING CHANGE AND ACCEPTING CONSTRUCTION OF FENCE INSTALLATION AT HAMILTON PARK TENNIS CENTER. WHEREAS, the City of Wichita Falls and Ace Fence Co. , as contractor, entered into a contract dated May 25, 1977, wherein said contractor agreed to construct a chain link fence at Hamilton Park Tennis Center; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, a change has been made in the contract to add a ten foot drive gate; and, WHEREAS, the contract price is $12,580.08, and the addition of the ten foot drive gate adds $210.00 to the cost, making a total due the contractor of $12,790.08. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the fence is accepted by the City of Wichita Falls, the change is approved, and the City Manager is directed to pay to the contractor the amount due. Moved by Alderman Russell that Resolution No. 2040 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None i Item 10b A proposed resolution was presented authorizing final payment on Jefferson Street drainage project. RESOLUTION NO. 2041 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF JEFFERSON STREET DRAINAGE PROJECT. , WHEREAS, the City of Wichita Falls and Timmins-Anderson, Inc. , as contractor, entered into a contract dated January 27, 1977, wherein said contractor agreed to construct the Jefferson Street Drainage Project; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the final estimate has been submitted on this project, which final estimate shows a total amount of work done as $98,331.61, of which $85,732.92 has been paid to the contractor, leaving a balance of $12,598.69. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Jefferson Street Drainage Project is accepted by the City, the final estimate is approved, and the City Manager is directed to pay to the said contractor the amount due as shown on such final estimate. Moved by Alderman McAlister that Resolution No. 2041 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Alderman McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 10c J A proposed resolution was presented approving change order and final estimate for sanitary sewer relocation on Kell Boulevard. 494 Item 10c, cont'd. RESOLUTION NO. 2042 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY SEWER RELOCATION FOR KELL FREEWAY, PHASE II. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as contractor, entered into a contract dated August 15, 1977, wherein said contractor agreed to construct the Sanitary Sewer Relocation for Kell Freeway, Phase II; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, a change order and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $60,206.70, none of which has been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Sanitary Sewer Relocation for Kell Freeway, Phase II is accepted by the City of Wichita Falls, the change order and final estimate are approved, and the City Manager is directed to pay to the contractor the amount due as shown on such estimate. Moved by Alderman Mathis that Resolution No. 2042 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item lla Permission was requested to advertise for bids on 22 cars, 20 trucks, and two scooters for various departments. Alderman McAlister mentioned a convex mirror on the right hand side of police cars as a possible option. Mayor Boyd noted that some cities are going to compact cars for police department use. Ernest Lillard stated that every dealer in town was given an opportunity for their input into the specifications. They were sent out two weeks ahead of time, and each was called on the morning before the meeting was held and asked for their recommendations. Only two dealers showed up at the meeting. Mayor Boyd suggested that they might start looking at performance, and'getting away from some of the details. Moved by Alderman Mathis that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Ryle, and carried unanimously. Item llb, discussion of cable TV franchise, was omitted. Item llc Permission was requested to advertise for bids for Phase III improvements at Municipal Airport. This involves reconstruction of the taxiways and access pavement areas for two hangars, and the T-hangars. Moved by Alderman Bassett that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 12 Moved by Alderman Mathis that minutes of the meetings of the following boards be V' received. a. Park Board - October 25, 1977 b. Planning Board - October 12, 1977 c. Citizen's Traffic Safety Council - October 5, 1977 495 Item 12, cont'd. Motion seconded by Alderman Russell, and carried unanimously. Alderman Ashbrook suggested that a plaque be considered for Mrs. Newton from the Council. Item 13a r Moved by Alderman Mathis that a public hearing be held on December 6 for demolitionv ' of hazardous structures. Motion, seconded by Alderman Bassett, and carried unanimously. Item 13b u Alderman McAlister requested some information on the number of persons who arrive on Rio who do not have their baggage on the same flight. Alderman Mathis stated that he had received a letter from Don Stout indicating that he feels some of the cable he donated for Weeks Park Golf Course has been used for something else. Bill Hursh stated that he is welcome to inspect it if he so desires. Alderman Mathis requested that Mr. Hursh write him a letter. The entire Council agreed with Alderman Ashbrook's request for a study of the way in which their business is conducted, and the length of the meetings. Alderman Russell thanked the newspaper for the publicity on the town meeting to discuss the activities center. She encouraged the staff to look over the inventory of the Dillard Building, and suggested that an auction should be held as soon as possible after November 18. v , Alderman Ryle mentioned a resolution to support the building of a canal at Lake Wichita. City Attorney H.P. Hodge stated that it was done at the special meeting last week. Discussion was held on adding all day Christmas Eve to the holidays for city employees. Alderman Ashbrook stated that we are in the lower ten percent of cities of our size in holidays. Most cities give eight. Mayor Boyd inquired about the cost, and Gerald Carlson stated it would be about $40,000. A motion was made by Alderman Ashbrook and seconded by Alderman Ryle that City employees be given Christmas Eve as an additional holiday, but was withdrawn when it was realized that it had not be posted. It will be added to the next council agenda. Alderman Ashbrook requested an executive session to discuss personnel matters. City Attorney H. P. Hodge mentioned the solicitation ordinance and the state statute on criminal trespass. Alderman McAlister recommended suspending the ordinance in its entirety for six months to see whether it is needed at all. v , The Board of Aldermen recessed at 4:15 to discuss personnel matters. When they returned at 5:00, Mayor Boyd announced that they had concluded that the City Clerk and Municipal Court Clerk will be placed in the Open Salary Classification Plan, making all 2/!' charter positions responsible to the Mayor and Board of Aldermen so classified. The Board of Aldermen adjourned at 5:05 P.M. PASSED AND APPROVED this day of 4 1977. 7'11 • MAYOR ATTEST: CITY CLERK 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 City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City" , acting herein by and through its City Manager, and hereinafter called "Tennis Pro" , WITNESSETH: For and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: I . City does hereby employ as a tennis professional at the Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Tennis Center, for a period of one year, commencing 1977, and thereafter on a month to month basis. II . Tennis Pro shall be considered a contract employee of City and his salary shall be $600.00 per month. It is expressly agreed and understood by Tennis Pro and City that Tennis Pro is an independent contractor and shall not be eli- gible for any fringe benefits to which regular City employees are entitled. III . Tennis Pro shall be in charge of and responsible for the operation of Tennis Center. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas, the ordinances of City, the current Tennis Policies of the Parks and Recreation Department of City, and the directions of the Recreation Superintendent of the Parks and Recreation Department of City. A copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as if copied in full herein. IV. Tennis Pro shall collect for City all daily court fees, annual permit fees, and tournament fees for play at the Tennis Center. All daily court fees, annual permit fees, and tournament fees shall be kept in a cash register provided therefor. Tennis Pro shall keep an accurate account of all daily court fees, annual permit fees, and tournament fees collected, and shall deposit the same with the Parks and Recreation Department at its office in the Memorial Auditorium Building on Mondays and Fridays of each week without exception. V. Tennis Pro shall have the right to give tennis lessons at Tennis Center and City shall receive 5% of the lesson fee plus a court fee from the person taking the lesson. VI . Tennis Pro shall also account to City for the revenues which he receives from the sale of merchandise, for racquet stringing and concessions sold through his pro shop located at Tennis Center. City shall receive 5% of the revenues from the sale of merchandise, racquet stringing and concessions sold by Tennis Pro through the pro shop at Tennis Center. VII . Tennis Pro shall keep accurate and correct books on the operation of his business and such books shall be open for inspection by City or any person designated by it. VIII . Tennis Pro shall take good care of the personal property and real property hereby leased to him and he will deliver the property back to City at the ex- piration or the termination of this lease in the same condition as same was received, natural wear and tear excepted. IX. Tennis Pro shall make no alterations in the building hereby leased with- out the written consent of the Director of Parks and Recreation of City. X. It is understood and agreed that the City Manager of City may at any time cancel this contract after giving 30 days notice in writing of cancellation because of violations of laws , ordinances, or rules, regulations or directions concerning the operation of the Tennis Center at or the agreements constituting the lease of the tennis pro shop at the Tennis Center; in the event of such cancellation, City shall have the right, without further notice or demand, to re-enter and take possession of all the property herein leased and remove all persons therefrom 2- without being liable for any claim for damages by reason of such cancellation and resumption of possession. In the event said contract is so cancelled during the term hereof, City shall guarantee the sale of, or at its option may purchase from Tennis Pro, any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has been fully paid for by him at the cost price of same, less depreciation. XI . Tennis Pro shall hold City harmless from any damages or injury to persons or property caused by or arising out of Tennis Pro's operation of the Tennis Center. Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability in- surance policy, with City named as an additional insured, protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro's operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100,000.00) dollars per person and three hundred thousand ($300,000.00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50,000.00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro. XII. Tennis Pro shall provide adult supervision at Tennis Center during all open hours. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written above. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, City Manager ATTEST: City Clerk Tennis Pro Approved as to form: Assistant City Attorney